Vonach et al v. Ethicon, Inc. et al
| Ida Vonach and Leland Vonach |
| Endo Pharmaceuticals Inc., American Medical Systems, Inc., Endo Health Solutions Inc., Johnson & Johnson, American Medical Systems Holdings, Inc., Ethicon, LLC and Ethicon, Inc. |
| 5:2020cv00531 |
| March 9, 2020 |
| US District Court for the Northern District of Ohio |
| Pamela A Barker |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 58 Magistrate Consent Form issued. (M,L) |
| Filing 57 CASE TRANSFERRED IN from District of West Virginia Southern. Case number 2:13-cv-01698. Electronic file, transfer order and docket sheet received. |
| Judge Pamela A. Barker assigned to case. (M,L) |
| Notice by Clerk: Pursuant to Local Rule 3.13(b), Ethicon, Inc. and Johnson & Johnson are reminded of their requirement to file a Corporate Disclosure Statement. (M,L) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (M,L) |
| Filing 56 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF#53 Continued, (7045) Plaintiffs' Opposition to Defendants; Motion to Exclude Dr. Vladimir Iakovlev, #2 Exhibit ECF#53 Continued, (7085) Amended Adoption of Opposition to Motion to Exclude Testimony of Dr. Vladimir Iakovlev, #3 Exhibit ECF#53 Continued, (7093) NOTICE of Adoption of Prior Daubert Reply of Juan Carlos Felix, MD, #4 Exhibit ECF#53 Continued, (7100) NOTICE of Adoption of Prior Daubert Reply of Steven MacLean, Ph.D., #5 Exhibit ECF#53 Continued, (7123) NOTICE of Adoption of Prior Daubert Reply Regarding Prof. Dr. Med. Uwe Klinge, #6 Exhibit ECF#53 Continued, (7138) NOTICE of Adoption of Prior Daubert Reply of Christina Pramudji, M.D. for Wave 8 by All Plain, #7 Exhibit ECF#53 Continued, (7143) NOTICE of Adoption of Prior Daubert Reply of Timothy Ulatowski, M.D., #8 Exhibit ECF#53 Continued, (7177) NOTICE of Adoption of Prior Reply in Support of Daubert Motion to Exclude Peggy Pence, Ph.D., #9 Exhibit ECF#53 Continued, (7179) NOTICE of Adoption of Reply of Prior Daubert Motion to Exclude Donald R. Ostergard M.D., #10 Exhibit ECF#53 Continued, (7183) REPLY in Further Support of Motion to Exclude Vladimir Iakovlev, M.D.)(Gage, William) (Modified on 10/28/2019 to add party filers)(slr). [Transferred from wvsd on 3/9/2020.] |
| Filing 55 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF#53 Continued, (3790) Part 1; RESPONSE in opposition to MOTION to Exclude the Testimony of Dr. Vladimir Iakovlev, #2 Exhibit ECF#53 Continued, (3790) Part 2; RESPONSE in opposition to MOTION to Exclude the Testimony of Dr. Vladimir Iakovlev, #3 Exhibit ECF#53 Continued, (3790) Part 3; RESPONSE in opposition to MOTION to Exclude the Testimony of Dr. Vladimir Iakovlev, #4 Exhibit ECF#53 Continued, (3855) REPLY IN SUPPORT of Motion to Limit the Testimony of Prof. Dr. Med. Uwe Klinge, #5 Exhibit ECF#53 Continued, (3865) REPLY IN SUPPORT of Motion to Exclude the Opinions & Testimony of Vladimir Iakovlev, M.D., #6 Exhibit ECF#53 Continued, (6648) NOTICE of Adoption of Ethicon's Motion to Exclude the Testimony of Prof. Med. Uwe Klinge, #7 Exhibit ECF#53 Continued, (6796) NOTICE of Adoption of Prior Daubert Motion of Juan Felix, M.D., #8 Exhibit ECF#53 Continued, (6821) NOTICE of Adoption of Prior Daubert Motion to Exclude Peggy Pence, Ph.D., #9 Exhibit ECF#53 Continued, (6824) Notice of Adoption of Prior Daubert Motion of Steven Maclean, Ph.D., #10 Exhibit ECF#53 Continued, (6825) NOTICE of Adoption of Prior Daubert Motion to Exclude Donald R. Ostergard, M.D., #11 Exhibit ECF#53 Continued, (6829) NOTICE of Adoption of Prior Daubert Motion of Christina Pramudji, M.D,, #12 Exhibit ECF#53 Continued, (6833) Amended Notice of Adoption to Exclude Testimony of Uwe Klinge, #13 Exhibit ECF#53 Continued, (6860) NOTICE of Adoption of Prior Daubert Motion of Timothy Ulatowski, M.D., #14 Exhibit ECF#53 Continued, (6874) Part 1; MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Testimony of Dr. Vladirmir Iakovlev, #15 Exhibit ECF#53 Continued, (6874) Part 2; MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Testimony of Dr. Vladirmir Iakovlev, #16 Exhibit ECF#53 Continued, (6874) Part 3; MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Testimony of Dr. Vladirmir Iakovlev, #17 Exhibit ECF#53 Continued, (6875) MEMORANDUM in Support of Motion to Exclude Dr. Vladimir Iakovlev, #18 Exhibit ECF#53 Continued, (6926) NOTICE of Adoption of Prior Daubert Response of Prof. Dr. Med. Uwe Klinge, #19 Exhibit ECF#53 Continued, (6957) NOTICE of Adoption of Prior Daubert Response of Donald R. Ostergard, M.D., #20 Exhibit ECF#53 Continued, (6958) NOTICE of Adoption of Prior Daubert Response of Peggy Pence, Ph.D., #21 Exhibit ECF#53 Continued, (6965) Notice of Adoption of Prior Daubert Response Regarding Timothy Ulatowski, #22 Exhibit ECF#53 Continued, (6966) NOTICE of Adoption of Prior Daubert Response Regarding Dr. Juan C. Felix, M.D., #23 Exhibit ECF#53 Continued, (6998) Notice of Adoption of Prior Daubert Response of Steven Maclean, M.D., #24 Exhibit ECF#53 Continued, (7037) NOTICE of Adoption of Prior Daubert Responses Regarding Christina Pramudji for Wave 8 by Ethi, #25 Exhibit ECF#53 Continued, (7038) NOTICE of Adoption of Prior Daubert Response of Dr. Vladimir Iakovlev in Wave 8)(Gage, William) (Modified on 10/28/2019 to add party filers) (slr). [Transferred from wvsd on 3/9/2020.] |
| Filing 54 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF#53 Continued, (2297) Plaintiffs' Reply to Defendants' Response in Opposition of Motion to Exclude Steven Maclean, #2 Exhibit ECF#53 Continued, (2530) Memorandum in Opposition to Motion to Exclude Testimony of Christina Pramudji, #3 Exhibit ECF#53 Continued, (2759) Defendants Motion to Exclude Peggy Pence, PH.D., #4 Exhibit ECF#53 Continued, (2760) MEMORANDUM in Support of Motion to Exclude Peggy Pence, Ph.D., #5 Exhibit ECF#53 Continued, (2814) Motion to Exclude the General Testimony of Donald R. Ostergard, M.D., #6 Exhibit ECF#53 Continued, (2816) Memorandum in Support of Motion to Exclude Testimony of Donald R. Ostergard, M.D., #7 Exhibit ECF#53 Continued, (2825) Motion to Exclude or limit the Opinions and Testimony of Steven Maclean PHD PE, #8 Exhibit ECF#53 Continued, (2826) Memorandum in support to Exclude or Limit the opinions and testimony of Steven Maclean PHD PE, #9 Exhibit ECF#53 Continued, (2910) Notice of Response and Adoption of prior response regarding Timothy Ulatowski, #10 Exhibit ECF#53 Continued, (2942) Response in Opposition to Motion to Exclude the Testimony of Steven Maclean, Ph.D., #11 Exhibit ECF#53 Continued, (2949) MEMORANDUM by ALL Plaintiffs in Opposition to Defendants Motion to Exclude Peggy Pence, Ph.D., #12 Exhibit ECF#53 Continued, (2950) RESPONSE by ALL Plaintiffs in Opposition to Defendants Motion to Exclude Testimony of Donald Ostergard, M.D._, #13 Exhibit ECF#53 Continued, (3011) Reply by Ethicon in Support of Motion to Exclude Testimony of Donald Ostergard, M.D._, #14 Exhibit ECF#53 Continued, (3017) REPLY by Ethicon in Support of Motion to Exclude Peggy Pence, PH.D., #15 Exhibit ECF#53 Continued, (3053) REPLY by ALL Plaintiffs in Support of Daubert Motion to Exclude or Limit the Opinions and Tes, #16 Exhibit ECF#53 Continued, (3619) Part 1; MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #17 Exhibit ECF#53 Continued, (3619) Part 2; MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #18 Exhibit ECF#53 Continued, (3621) MEMORANDUM of Law in Support of Motion to Exclude Dr. Vladirmir Iakovlev, #19 Exhibit ECF#53 Continued, (3626) Part 1; MOTION To Limit the Testimony of Prof. Dr. Med. Uwe Klinge, #20 Exhibit ECF#53 Continued, (3626) Part 2; MOTION To Limit the Testimony of Prof. Dr. Med. Uwe Klinge, #21 Exhibit ECF#53 Continued, (3630) MEMORANDUM In Support of Motion to Limit Testimony of Prof. Dr. Med. Uwe Klinge, #22 Exhibit ECF#53 Continued, (3767) Part 1; Response by Defendants' in Opposition to Motion to Exclude Uwe Klinge, #23 Exhibit ECF#53 Continued, (3767) Part 2; Response by Defendants' in Opposition to Motion to Exclude Uwe Klinge, #24 Exhibit ECF#53 Continued, (3767) Part 3; Response by Defendants' in Opposition to Motion to Exclude Uwe Klinge, #25 Exhibit ECF#53 Continued, (3767) Part 4; Response by Defendants' in Opposition to Motion to Exclude Uwe Klinge)(Gage, William) (Modified on 10/28/2019 to add party filers)(slr). [Transferred from wvsd on 3/9/2020.] |
| Filing 53 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit (238) FIRST AMENDED MASTER LONG FORM COMPLAINT AND JURY DEMAND, #2 Exhibit (239) MASTER ANSWER AND JURY DEMAND OF DEFENDANT ETHICON, INC. TO FIRST AMENDED MASTER COMPLAINT. (ras)_13906847_1, #3 Exhibit (241) MASTER ANSWER AND JURY DEMAND OF DEFENDANT JOHNSON & JOHNSON TO FIRST AMENDED MASTER COMPLAINT. (ras)_13906977_1, #4 Exhibit (262) SHORT FORM COMPLAINT. (ras)_14066686_1, #5 Exhibit (263) AMENDED SHORT FORM COMPLAINT. (ras)_14066608_1, #6 Exhibit (2035) MOTION by All Plaintiffs to Exclude Certain Opinions and Testimony of Christina Pramudji, M.D, #7 Exhibit (2037) MEMORANDUM in Support of Motion to Exclude Testimony of Christina Pramudji, #8 Exhibit (2060) MOTION by All Plaintiffs to Exclude the Opinions of FDA Expert Timothy Ulatowski, #9 Exhibit (2063) Part 1; Motion to Preclude Testimony of Dr. Felix, #10 Exhibit (2063) Part 2; Motion to Preclude Testimony of Dr. Felix, #11 Exhibit (2065) MEMORANDUM in support of MOTION to Exclude Testimony of Timothy Ulatowski, #12 Exhibit (2069) MEMORANDUM in Support of Daubert Motion to Preclude Testimony of Juan Carlos Felix, #13 Exhibit (2134) Response in Opposition to Motion to Exclude Timothy Ulatowski, #14 Exhibit (2153) RESPONSE by Defendants_ in opposition to 2035 MOTION by Certain Plaintiffs in Wave 1 Cases, #15 Exhibit (2184) Part 1; Response in Opposition to Motion to Preclude Testimony of Dr. Felix, #16 Exhibit (2184) Part 2; Response in Opposition to Motion to Preclude Testimony of Dr. Felix, #17 Exhibit (2205) Part 1; MOTION by All Plaintiffs to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E, #18 Exhibit (2205) Part 2; MOTION by All Plaintiffs to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E, #19 Exhibit (2205) Part 3; MOTION by All Plaintiffs to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E, #20 Exhibit (2206) MEMORANDUM in Support of Daubert Motion to Exclude Testimony of Steven Maclean, #21 Exhibit (2232) Plaintiffs_ Reply Brief in Support of Their Daubert Motion to Exclude Timothy Ulatowski, #22 Exhibit (2236) REPLY in Support of Motion to Exclude Testimony of Christina Pramudji, #23 Exhibit (2255) REPLY to Response in Opposition to Daubert Motion to Preclude Testimony of Juan Carlos Felix, #24 Exhibit (2287) Part 1; Defendants Response in Opposition to Motion to Exclude Testimony of Steven Maclean, #25 Exhibit (2287) Part 2; Defendants Response in Opposition to Motion to Exclude Testimony of Steven Maclean)(Gage, William) (Modified on 10/28/2019 to add party filers)(slr). [Transferred from wvsd on 3/9/2020.] |
Filing 52
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 10/30/2019 the cases identified on Exhibit A that are still pending shall be transferred to the United States District Courts identified on Exhibit A pursuant to 28 U.S.C. 1404(a); on or before 10/29/2019 the parties are DIRECTED to confer and to file in each pending individual member case identified in Exhibit A, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the Clerk is DIRECTED to use the appropriate function in CM/ECF to extract each member case listed on Exhibit A that remains pending and transfer it to the corresponding United States District Court listed on Exhibit A; after transfer of each member case listed in Exhibit A that is not dismissed prior to the Transfer Date, the Clerk is DIRECTED to formally close the case and strike it from the docket of this court. Signed by Judge Joseph R. Goodwin on 10/16/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (st) [Transferred from wvsd on 3/9/2020.]
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| Filing 51 RESPONSE TO ORDER TO SHOW CAUSE by Ida Vonach, Leland Vonach (Balefsky, Lee) [Transferred from wvsd on 3/9/2020.] |
| Filing 50 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Exhibit 1 - List of Cases, #2 Exhibit 2 - Letter)(Gage, William) (Modified on 4/28/2019 to remove terminated party filer) (mk). [Transferred from wvsd on 3/9/2020.] |
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Filing 49
SHOW CAUSE ORDER directing that plaintiffs' leadership and counsel for ALL defendants named in cases on Exhibit 1 are directed to show cause in writing why they should not be sanctioned for failing to comply with the Order entered in MDL 2327 at ECF #7710 by Wednesday 4/24/2019; any filing must be made in the individual cases on Exhibit 1; the court will schedule a hearing at a later date. Signed by Judge Joseph R. Goodwin on 4/10/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit 1) (mwk) (ADI) [Transferred from wvsd on 3/9/2020.]
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Filing 48
ORDER The court ORDERS that by 4/8/2019 plaintiffs' leadership and counsel for ALL defendants with cases identified on Exhibit A attached hereto are directed to go to the court's website at https://www.wvsd.uscourts.gov/MDL/ethicon/forms.html, complete and jointly submit one copy of the Transfer/Remand Information Spreadsheet in Excel format as found on the court's website to the court at WVSDml_MDL_Transfers@wvsd.uscourts.gov; the parties shall use the Transfer/Remand Information Spreadsheet on the court's website, as it is already partially completed; if the court's docket sheet for any case on Exhibit A indicates that the case has closed prior to or after the entry of this order, the parties are directed to so indicate on the Transfer/Remand Information Spreadsheet and need not complete the requested information on the Spreadsheet; the court cautions that many of these cases name other MDL defendants in addition to the Ethicon defendants; the court expects any necessary coordination from all defendants remaining in the cases on Exhibit A. Signed by Judge Joseph R. Goodwin on 3/26/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (sak) (ADI) [Transferred from wvsd on 3/9/2020.]
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| Filing 47 NOTICE OF REQUEST TO BE REMOVED FROM THE COURT'S SERVICE LIST by Alexander Daniel MacMullan on behalf of Ethicon, Inc., Johnson & Johnson. (MacMullan, Alexander) [Transferred from wvsd on 3/9/2020.] |
| Filing 46 NOTICE of Withdrawal of Appearance of Alexander D. MacMullan by Ethicon, Inc., Johnson & Johnson (MacMullan, Alexander) [Transferred from wvsd on 3/9/2020.] |
| Filing 45 NOTICE OF ATTORNEY APPEARANCE by Julia M. Rafferty on behalf of Ethicon, Inc., Johnson & Johnson. (Rafferty, Julia) [Transferred from wvsd on 3/9/2020.] |
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Filing 44
STIPULATION OF DISMISSAL/ORDER Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, Defendant Ethicon, LLC only is dismissed with prejudice, each party to bear its own costs and fees. Signed by Judge Joseph R. Goodwin on 1/9/2019. (cc: attys; any unrepresented party) (lca) [Transferred from wvsd on 3/9/2020.]
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| Filing 43 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Alexander Daniel MacMullan updating name and/or firm information on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (MacMullan, Alexander) [Transferred from wvsd on 3/9/2020.] |
| Filing 42 NOTICE OF CHANGE OF ATTORNEY INFORMATION by John J. O'Donnell updating name and/or firm information on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (O'Donnell, John) [Transferred from wvsd on 3/9/2020.] |
| Filing 41 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Joseph E. O'Neil updating name and/or firm information on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (O'Neil, Joseph) [Transferred from wvsd on 3/9/2020.] |
| Filing 40 NOTICE OF REQUEST TO BE REMOVED FROM THE COURT'S SERVICE LIST by Julianne E. Jayson on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Jayson, Julianne) [Transferred from wvsd on 3/9/2020.] |
| Filing 39 NOTICE of Withdrawal by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Jayson, Julianne) [Transferred from wvsd on 3/9/2020.] |
| Filing 38 MEMORANDUM by Ida Vonach in opposition to #34 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Balefsky, Lee) [Transferred from wvsd on 3/9/2020.] |
| Filing 37 RESPONSE by Ida Vonach in opposition to #34 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Certificate of Service)(Balefsky, Lee) [Transferred from wvsd on 3/9/2020.] |
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Filing 36
ORDER granting the Motions filed in MDL 2327 by Ethicon, Inc., Johnson & Johnson to Substitute Susan M. Robinson as Counsel in lieu of David B. Thomas, and to Substitute William M. Gage as Counsel in lieu of Christy D. Jones; the Clerk is directed to terminate Christy D. Jones and to substitute William M. Gage as counsel of record, both on the main master docket and for each individual member case in MDL 2327 with which Christy D. Jones is associated, and to terminate David B. Thomas and to substitute Susan M. Robinson as counsel of record, both on the main master docket and for each individual member case in MDL 2327 with which David B. Thomas is associated. Signed by Judge Joseph R. Goodwin on 5/24/2018. (cc: counsel of record; any unrepresented party) (lca) (ADI) [Transferred from wvsd on 3/9/2020.]
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| Filing 35 MEMORANDUM OF LAW by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in support of #34 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (MacMullan, Alexander) [Transferred from wvsd on 3/9/2020.] |
| Filing 34 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit 1, #2 Exhibit 2)(MacMullan, Alexander) [Transferred from wvsd on 3/9/2020.] |
| Filing 33 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING DEPOSITIONS OF PLAINTIFFS' FRIENDS AND FAMILY MEMBERS by Ethicon, Inc., Ida Vonach, Leland Vonach. (Jayson, Julianne) (Modified on 9/20/2018 to add party filer) (lca). [Transferred from wvsd on 3/9/2020.] |
| Filing 32 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Defendants Non-Retained Expert Disclosures. (Gage, William) [Transferred from wvsd on 3/9/2020.] |
| Filing 31 NOTICE OF VIDEOTAPED DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Robert Flora, M.D. on 8/13/18 at 11:30 a.m. (MacMullan, Alexander) [Transferred from wvsd on 3/9/2020.] |
| Filing 30 STIPULATION OF DISMISSAL With Prejudice as to Ethicon, LLC by Ida Vonach, Leland Vonach, Ethicon, LLC, Ethicon, Inc., Johnson & Johnson (Balefsky, Lee) (Modified on 7/31/2018 to add party filers)(rmc). [Transferred from wvsd on 3/9/2020.] |
| Filing 29 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by John J. O'Donnell on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (O'Donnell, John) [Transferred from wvsd on 3/9/2020.] |
| Filing 28 AMENDED NOTICE OF VIDEOTAPED DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Ida Vonach on 6/28/18 at 9:00 a.m. (Jayson, Julianne) [Transferred from wvsd on 3/9/2020.] |
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Filing 27
PRETRIAL ORDER # 303 (Amended Docket Control Order - Ethicon, Inc. Wave 8 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 280. The parties are advised that while this order will be entered in the individual cases in the coming days, it is effective as of the day it was entered in the main MDL. The following deadlines immediately apply in all Wave 8 cases: Plaintiff Fact Sheets due by 03/19/2018; Defendant Fact Sheets due by 04/19/2018; Deadline for written discovery requests due by 05/18/2018; Expert disclosures served by plaintiffs pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 07/13/2018; Expert disclosure served by defendants pursuant to Fed R. Civ P. 26 as limited by 3.a. of this order due by 08/13/2018; Expert disclosure served for rebuttal pursuant to Fed R. Civ. P. 26 as limited by 3.a. of this order due by 08/20/2018; Deposition deadline and close of discovery due by 10/04/2018; Filing of Dispositive Motions due by 10/18/2018; Response to Dispositive Motions due by 10/25/2018; Reply to response to Dispositive motions due by 11/01/2018; Filing of Daubert motions due by 10/18/2018; Responses to Daubert motions due by 10/25/2018; and Reply to response to Daubert motions due by 11/01/2018. Signed by Judge Joseph R. Goodwin on 6/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases) (kab) (ADI) [Transferred from wvsd on 3/9/2020.]
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| Filing 26 AMENDED CERTIFICATE OF SERVICE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (O'Neil, Joseph) [Transferred from wvsd on 3/9/2020.] |
| Filing 25 CERTIFICATE OF SERVICE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Ethicon, Inc.'s First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (O'Neil, Joseph) [Transferred from wvsd on 3/9/2020.] |
| Filing 24 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Julianne E. Jayson on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Jayson, Julianne) [Transferred from wvsd on 3/9/2020.] |
| NOTICE OF DOCKET CORRECTION re: #23 Notice of Deposition. ERROR: Incomplete document attached. CORRECTION: Incomplete image replaced. (ts) [Transferred from wvsd on 3/9/2020.] |
| Filing 23 NOTICE OF VIDEOTAPED DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Ida Vonach on June 28, 2018 at 9:00 a.m. (MacMullan, Alexander) (Modified on 4/10/2018 to remove and replace incomplete image) (ts) [Transferred from wvsd on 3/9/2020.] |
| Filing 22 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Alexander Daniel MacMullan on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (MacMullan, Alexander) [Transferred from wvsd on 3/9/2020.] |
| Filing 21 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Joseph E. O'Neil on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (O'Neil, Joseph) [Transferred from wvsd on 3/9/2020.] |
| Filing 20 NOTICE OF WITHDRAWAL OF NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson re: #18 Notice of Videotaped Deposition. (Gage, William) [Transferred from wvsd on 3/9/2020.] |
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Filing 19
PRETRIAL ORDER # 280 (Docket Control Order - Ethicon, Inc. Wave 8 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING ETHICON, INC. CASES. The court ORDERS that this Docket Control Order be filed in the main MDL and, as of the time of that filing in every case listed on Exhibit A (hereinafter "Wave 8 cases") becomes subject to the deadlines in this Docket Control Order. For any cases in the Ethicon, Inc. MDL with a Covidien Wave 1 flag, the stay on the flagged Covidien Wave 1 cases is lifted and the Covidien Wave 1 cases in the Ethicon MDL are incorporated in the Ethicon, Inc., Wave 8 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 8 cases: A. Scheduling Deadlines. Plaintiff Fact Sheets due by 3/19/2018, Defendant Fact Sheets due by 4/19/2018, Deadline for written discovery requests due by 5/18/2018, Expert disclosure by plaintiffs due by 6/04/2018, Expert disclosure by defendants due by 7/05/2018, Expert disclosure for rebuttal purposes due by 7/23/2018, Deposition deadline and close of discovery due by 9/04/2018, Deadline to file list of general causation experts in each individual Wave 8 case due by 9/11/2018, Filing of Dispositive Motions due by 9/21/2018, Response to Dispositive Motions due by 10/05/2018, Reply to response to dispositive motions due by 10/12/2018, Filing of Daubert motions due by 10/05/2018, Responses to Daubert motions due by 10/19/2018, and Reply to response to Daubert motions due by 10/26/2018. B.4. Confidential Documents. In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 8/10/2018, and any response is due by 8/24/2018. Any reply is due by 8/31/2018. C.1. Venue Recommendations. By no later than 8/27/2018 the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties are ORDERED to submit joint venue recommendations to the court by 9/03/2018. Additional directives are set forth herein. Signed by Judge Joseph R. Goodwin on 1/30/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases Listed on Exhibit A) (kp) (ADI) [Transferred from wvsd on 3/9/2020.]
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| Filing 18 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Robert F. Flora on 4/17/2018 at 9:00 a.m. (Gage, William) [Transferred from wvsd on 3/9/2020.] |
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Filing 17
ORDER (Dismissing Defendant American Medical Systems, Inc. with Prejudice) granting the Joint Motion to Dismiss Defendant American Medical Systems, Inc. with Prejudice filed in MDL 2327 by plaintiffs, identified on the attached Exhibits A-B, and American Medical Systems, Inc. seeking dismissal of AMS from these actions with prejudice because all claims between them have been compromised and settled. Other defendants remain in these actions, and plaintiffs will continue to prosecute these actions against them. Signed by Judge Joseph R. Goodwin on 8/4/2017. (cc: attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibits A-B) (kp) [Transferred from wvsd on 3/9/2020.]
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Filing 16
ORDER: Based on representation of counsel that Laura H. Dixon no longer represents any party in this MDL or any party in any member case, the above-named counsel is terminated where she appears as counsel for any party in this MDL and in any member case. Signed by Judge Joseph R. Goodwin on 5/5/2014. (cc: attys; any unrepresented party) (kw) [Transferred from wvsd on 3/9/2020.]
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| Filing 15 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) [Transferred from wvsd on 3/9/2020.] |
| Filing 14 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) [Transferred from wvsd on 3/9/2020.] |
| Filing 13 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Laura H. Dixon on behalf of Ethicon, Inc., Johnson & Johnson. (Dixon, Laura) [Transferred from wvsd on 3/9/2020.] |
| Filing 12 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) [Transferred from wvsd on 3/9/2020.] |
| Filing 11 SUMMONS RETURNED EXECUTED by Personal Service for Endo Health Solutions Inc.. Endo Health Solutions Inc. served on 2/19/2013, answer due 3/12/2013. Summons served on lynn iannucci. (Balefsky, Lee) [Transferred from wvsd on 3/9/2020.] |
| Filing 10 SUMMONS RETURNED EXECUTED by Personal Service for Endo Pharmaceuticals, Inc.. Endo Pharmaceuticals, Inc. served on 2/19/2013, answer due 3/12/2013. Summons served on lynn iannucci. (Balefsky, Lee) [Transferred from wvsd on 3/9/2020.] |
| Filing 9 SUMMONS RETURNED EXECUTED by Personal Service for Ethicon, LLC. Ethicon, LLC served on 2/13/2013, answer due 3/6/2013. Summons served on scott lascala. (Balefsky, Lee) [Transferred from wvsd on 3/9/2020.] |
| Filing 8 SUMMONS RETURNED EXECUTED by Personal Service for American Medical Systems Holdings, Inc.. American Medical Systems Holdings, Inc. served on 2/13/2013, answer due 3/6/2013. Summons served on scott lascala. (Balefsky, Lee) [Transferred from wvsd on 3/9/2020.] |
| DEFENDANTS Endo Pharmaceuticals, Inc., American Medical Systems Holdings, Inc. and Endo Health Solutions Inc. terminated pursuant to PTO #42 entered in MDL 2327, Ethicon, Inc. on 04/03/2013. (slr) [Transferred from wvsd on 3/9/2020.] |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael J. Farrell on behalf of American Medical Systems Holdings, Inc., American Medical Systems, Inc.. (Farrell, Michael) [Transferred from wvsd on 3/9/2020.] |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Erik W. Legg on behalf of American Medical Systems Holdings, Inc., American Medical Systems, Inc.. (Legg, Erik) [Transferred from wvsd on 3/9/2020.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Thomas, David) [Transferred from wvsd on 3/9/2020.] |
| Filing 4 WAIVER OF SERVICE EXECUTED. Waiver signed by Tracy G. Weiss on 2/7/13. American Medical Systems, Inc. waiver mailed on 2/7/2013, answer due 4/8/2013. (Weiss, Tracy) [Transferred from wvsd on 3/9/2020.] |
| Filing 3 ELECTRONIC SUMMONS ISSUED as to American Medical Systems Holdings, Inc., Endo Health Solutions Inc., Endo Pharmaceuticals, Inc., Ethicon, Inc., Ethicon, LLC, and Johnson & Johnson, re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons) (jws) [Transferred from wvsd on 3/9/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 37 (Revised Verifications and Authorizations attached to Plaintiff Profile Form) entered on 01/24/2013 in MDL 2327 to attorneys in member case. (Attachment: #1 Verifications and Authorizations) (jap) [Transferred from wvsd on 3/9/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2201715. (Attachment: #1 Civil Cover Sheet) (cwm) [Transferred from wvsd on 3/9/2020.] |
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