Barney et al v. Ethicon, Inc. et al
| Brenda Barney and Richard Barney |
| Ethicon, Inc., Johnson & Johnson and Ethicon LLC |
| 3:2020cv00011 |
| January 10, 2020 |
| US District Court for the Southern District of Ohio |
| Douglas R Cole |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 6, 2020. A more recent docket listing may be available from PACER.
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Filing 52
ORDER granting #51 Motion for Leave to Appear Pro Hac Vice of Michael A. Trunk. Signed by Judge Douglas R. Cole on 2/5/20. (sct)
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| Filing 51 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7307780) of Michael A. Trunk by Plaintiffs Brenda Barney, Richard Barney. (Skall, David) |
| Filing 50 Before the Court is the Motion for Admission Pro Hac Vice of Lee B. Balefsky. (ECF No. 48). Mr. Balefsky is an attorney in good standing and consents to the jurisdiction and rules of this district governing professional conduct. Because Mr. Balefsky has satisfied the requirements of Local Rule 83.3, the Court GRANTS the Motion for Admission to represent Plaintiffs in this matter. Accordingly, Mr. Balefsky is admitted to practice as co-counsel on behalf of the Plaintiffs. (co) |
| Filing 49 NOTICE of Appearance by Jennifer L. Steinmetz for Defendants Ethicon, Inc., Johnson & Johnson (Steinmetz, Jennifer) |
| Filing 48 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7283969) of Lee B. Balefsky by Plaintiffs Brenda Barney, Richard Barney. (Skall, David) |
| Filing 47 NOTICE of Appearance by David W. Skall for Plaintiffs Brenda Barney, Richard Barney (Skall, David) |
| Filing 46 NOTICE by Defendants Ethicon, Inc., Johnson & Johnson of Withdrawal of Attorney David B. Thomas (Sweet, Brenda) |
| Filing 45 NOTICE by Defendants Ethicon, Inc., Johnson & Johnson of Withdrawal of Attorney William M. Gage (Sweet, Brenda) |
| Filing 44 NOTICE by Defendants Ethicon, Inc., Johnson & Johnson of Withdrawal of Attorney Susan M. Robinson (Sweet, Brenda) |
| Filing 43 NOTICE by Defendants Ethicon, Inc., Johnson & Johnson of Withdrawal of Attorney Christy D. Jones (Sweet, Brenda) |
| Filing 42 NOTICE by Defendants Ethicon, Inc., Johnson & Johnson of Withdrawal of Attorney Kari L. Sutherland (Sweet, Brenda) |
| Notice: If case is referred it will be assigned to Magistrate Judge Sharon L. Ovington. (kma) |
| Filing 41 Case transferred in from Eastern Division on 01/14/2020. Case Number 2:20-cv-152. Case assigned to Judge Douglas R. Cole. (er) |
| Filing 40 Corporate Disclosure Statement by Defendants Ethicon, Inc., Johnson & Johnson. (Sweet, Brenda) |
| Filing 39 NOTICE of Appearance by Brenda A Sweet for Defendants Ethicon, Inc., Johnson & Johnson (Sweet, Brenda) |
| Filing 38 NOTICE of Appearance by Rita A Maimbourg for Defendants Ethicon, Inc., Johnson & Johnson (Maimbourg, Rita) |
| Filing 37 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-09184. Original file electronic copy of transfer order and docket sheet received. |
| Judge James L. Graham and Magistrate Judge Kimberly A. Jolson added. (er) |
| Filing 36 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 2063 Part 2 - Plaintiffs' Daubert Motion to Preclude Testimony of Defense Expert Juan Carlos Felix, M.D., #2 Exhibit ECF 2069 - Plaintiffs' Memorandum of Law in Support of Daubert Motion to Preclude Testimony of Defense Expert Juan Carlos Felix, M.D., #3 Exhibit ECF 2184 Part 1 - Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Juan C. Felix, M.D., #4 Exhibit ECF 2184 Part 2 - Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Juan C. Felix, M.D., #5 Exhibit ECF 2255 - Plaintiffs' Reply to Defendants' Response in Opposition to Plaintiffs' Daubert Motion to Preclude the Testimony of Juan C. Felix, M.D., #6 Exhibit ECF 6796 - Notice of Adoption of Prior Daubert Motion 2063 , 2069 of Juan Carlos Felix, M.D. for Wave 8, #7 Exhibit ECF 6966 - Notice of Adoption of Prior Daubert Response 2184 Regarding Dr. Juan C. Felix, M.D. for Wave 8, #8 Exhibit ECF 7093 - Notice of Adoption of Prior Daubert Reply 2255 of Juan Carlos Felix, M.D. for Wave 8, #9 Exhibit ECF 2205 Part 1 - Plaintiffs' Daubert Motion to Exclude, or in the Alternative, to Limit the Opinions and Testimony of Steven Maclean, Ph.D., #10 Exhibit ECF 2205 Part 2 - Plaintiffs' Daubert Motion to Exclude, or in the Alternative, to Limit the Opinions and Testimony of Steven Maclean, Ph.D., #11 Exhibit ECF 2205 Part 3 - Plaintiffs' Daubert Motion to Exclude, or in the Alternative, to Limit the Opinions and Testimony of Steven Maclean, Ph.D., #12 Exhibit ECF 2206 - Plaintiffs' Memorandum in Support of Plaintiffs' Daubert Motion to Exclude, or in the Alternative, to Limit the Opinions and Testimony of Steven Maclean, Ph.D., #13 Exhibit ECF 2287 Part 1 - Defendants' Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Defendant Ethicon, Inc. and Johnson & Johnson's Expert Steven Maclean, Ph.D., P.E., #14 Exhibit ECF 2287 Part 2 - Defendants' Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Defendant Ethicon, Inc. and Johnson & Johnson's Expert Steven Maclean, Ph.D., P.E., #15 Exhibit ECF 2297 - Plaintiffs' Reply to Defendants' Response in Opposition to Plaintiffs' Daubert Motion to Exclude on Limit the Opinions and Testimony of Steven Maclean, Ph.D., P.E., #16 Exhibit ECF 2825 - Plaintiffs' Daubert Motion to Exclude or to Limit the Opinions and Testimony of Steven Maclean, Ph.D., #17 Exhibit ECF 2826 - Plaintiffs' Memorandum in Support of Their Motion to Exclude or to Limit the Opinions and Testimony of Steven Maclean, Ph.D., #18 Exhibit ECF 2942 - Defendants' Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Defendant Ethicon, Inc. and Johnson & Johnson's Expert Steven Maclean, Ph.D., P.E., #19 Exhibit ECF 3053 - Plaintiffs' Reply in Support of Daubert Motion to Exclude on Limit the Opinions and Testimony of Steven Maclean, Ph.D., P.E., #20 Exhibit ECF 6824 - Notice of Adoption of Prior Daubert Motion (2205), (2206), (2825), (2826) of Steven Maclean, Ph.D. for Wave 8, #21 Exhibit ECF 6998 - Notice of Adoption of Prior Daubert Response (2287), (2942) of Steven Maclean, M.D., for Wave 8, #22 Exhibit ECF 7100 - Notice of Adoption of Prior Daubert Reply (2297), (3053) of Steven Maclean, Ph.D. for Wave 8)(Robinson, Susan) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 35 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 2760 - MEMORANDUM in Support of Motion to Exclude Peggy Pence, Ph.D., #2 Exhibit ECF 2949 - RESPONSE in Opposition to Defendants' Motion to Exclude Peggy Pence, Ph.D., #3 Exhibit ECF 3017 - REPLY in Support of Motion to Exclude Peggy Pence, Ph.D., #4 Exhibit ECF 6821 - NOTICE of Adoption of Prior Daubert Motion to Exclude Peggy Pence, Ph.D., for Ethicon Wave 8 2759 , 2760 , #5 Exhibit ECF 6958 - NOTICE of Adoption of Prior Daubert Response 2949 of Peggy Pence, Ph.D. for Wave 8, #6 Exhibit ECF 7177 - NOTICE of Adoption of Prior Reply in Support of Daubert Motion to Exclude Peggy Pence, Ph.D., 3017 for Ethicon Wave 8, #7 Exhibit ECF 3626 Part 1 - MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Limit the Testimony of Prof. Dr. Med. Uwe Klinge in Certain Wave 4 Cases, #8 Exhibit ECF 3626 Part 2 - MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Limit the Testimony of Prof. Dr. Med. Uwe Klinge in Certain Wave 4 Cases, #9 Exhibit ECF 3630 - MEMORANDUM In Support of Motion to Limit Testimony of Prof. Dr. Med. Uwe Klinge, #10 Exhibit ECF 3767 Part 1 - RESPONSE in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Prof. Dr. Med. Uwe Klinge, #11 Exhibit ECF 3767 Part 2 - RESPONSE in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Prof. Dr. Med. Uwe Klinge, #12 Exhibit ECF 3767 Part 3 - RESPONSE in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Prof. Dr. Med. Uwe Klinge, #13 Exhibit ECF 3767 Part 4 - RESPONSE in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Prof. Dr. Med. Uwe Klinge, #14 Exhibit ECF 3855 - REPLY in Support of Motion to Limit the Testimony of Prof. Dr. Med. Uwe Klinge, #15 Exhibit ECF 6648 - NOTICE of Adoption of Ethicon's Motion to Exclude the Opinions and Testimony of Prof. Med. Uwe Klinge Filed in Wave 4, #16 Exhibit ECF 6833 - Amended Notice of Adoption of Ethicon'[s Motion to Exclude the Opinions and Testimony of Prof. Dr. Med. Uwe Klinge Filed in Wave 4, #17 Exhibit ECF 6926 - NOTICE of Adoption of Prior Daubert Response of Prof Dr. Med. Uwe Klinge, MD for Wave 8 by All Plaintiffs re: 3767 Response In Opposition, #18 Exhibit ECF 7123 - NOTICE of Adoption of Prior Daubert Reply Regarding Prof. Dr. Med. Uwe Klinge for Wave 8 by Ethicon, Inc., Johnson & Johnson re: 3855 Reply to Response, #19 Exhibit ECF 2425 - Plaintiffs' Motion to Limit the Opinions and Testimony of Peter L. Rosenblatt, #20 Exhibit ECF 2428 - Plaintiffs' Memorandum of Law in Support of Plaintiffs' Motion to Limit the Opinions and Testimony of Peter L. Rosenblatt, #21 Exhibit ECF 2535 - Ethicon's Memorandum in Opposition to Plaintiffs' Motion to Limit the Opinions and Testimony of Peter L. Rosenblatt, M.D., #22 Exhibit ECF 2626 - Reply in Support of Plaintiffs' Motion to Limit the Opinions and Testimony of Dr. Peter L. Rosenblatt, #23 Exhibit ECF 6843 - Notice of Adoption of Prior Daubert Motion (2425), (2428) of Peter Rosenblatt, M.D. for Wave 8, #24 Exhibit ECF 7107 - Notice of Adoption of Prior Daubert Reply (2625) of Peter L. Rosenblatt, M.D. for Wave 8, #25 Exhibit ECF 2060 - Plaintiffs' Daubert Motion to Exclude the Opinions of FDA Expert Timothy Ulatowski, #26 Exhibit ECF 2065 - Plaintiffs' Memorandum in Support of Their Daubert Motion to Exclude the Opinions of FDA Expert Timothy Ulatowski, #27 Exhibit ECF - 2134 - Response in Opposition to Motion to Exclude Timothy Ulatowski, #28 Exhibit ECF 2232 - Plaintiffs' Reply in Support of Their Daubert Motion to Exclude FDA Expert Timothy Ulatowski, #29 Exhibit ECF 2910 - Supplemental Response and Notice of Adoption of Prior Daubert Response Regarding Timothy Ulatowski for Wave 3, #30 Exhibit ECF 6860 - Notice of Adoption of Prior Daubert Motion (2060), (2065) of Timothy Ulatowski, M.D. for Wave 8, #31 Exhibit ECF 6065 - Notice of Adoption of Prior Daubert Response (2910), (2134) Regarding Timothy Ulatowski for Wave 8, #32 Exhibit ECF 7143 - Notice of Adoption of Prior Daubert Reply (2232) of Timothy Ulatowski, M.D. for Wave 8)(Robinson, Susan) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 34 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 238 - First Amended Master Long Form Complaint and Jury Demand, #2 Exhibit ECF 239 - Master Answer and Jury Demand of Defendant Ethicon, Inc. to First Amended Master Complaint, #3 Exhibit ECF 241 - Master Answer and Jury Demand of Defendant Johnson & Johnson to First Amended Master Complaint, #4 Exhibit ECF 262 - Short Form Complaint, #5 Exhibit ECF 263 - Amended Short Form Complaint, #6 Exhibit ECF 2817 - Defendants' Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #7 Exhibit ECF 2818 - MEMORANDUM in Support of Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #8 Exhibit ECF 2931 - MEMORANDUM by Certain Plaintiffs in Wave 3 Cases in opposition to 2817 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Exclude Certain General Opinions of Bruce Rosenzweig, M.D. in Certain Wave 3 Cases, #9 Exhibit ECF 5332 - MOTION to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #10 Exhibit ECF 5333 - MEMORANDUM in Support of Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D. [and incorporating by reference Ethicon's brief from Wave 3 [Doc. 2818]], #11 Exhibit ECF 5482 - RESPONSE Memorandum in Opposition to Defendants' Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #12 Exhibit ECF 5548 - REPLY Brief in Support of Defendants' Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #13 Exhibit ECF 6852 - NOTICE of Adoption of Prior Daubert Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D. Wave 8 5332 , 5333 , 5548 , #14 Exhibit ECF 6960 - NOTICE of Adoption of Prior Daubert Response of Bruce Rosenzweig, M.D. for Wave 8, #15 Exhibit ECF 3619 A - MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #16 Exhibit ECF 3619 Part 1 - MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #17 Exhibit ECF 3619 Part 2 - MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #18 Exhibit ECF 3621 - MEMORANDUM of Law in Support of Motion to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #19 Exhibit ECF 3790 A - RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D., #20 Exhibit ECF 3790 Part 1 - RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D., #21 Exhibit ECF 3790 Part 2 - RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D., #22 Exhibit ECF 3865 - Defendants' Reply in Support of Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D., #23 Exhibit ECF 6874 A - MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev [and incorporating by reference Motion [Dkt # 3619] and Memorandum [Dkt # 3621], #24 Exhibit ECF 6874 Part 1 - MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev [and incorporating by reference Motion [Dkt # 3619] and Memorandum [Dkt # 3621], #25 Exhibit ECF 6874 Part 2 - MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev [and incorporating by reference Motion [Dkt # 3619] and Memorandum [Dkt # 3621], #26 Exhibit ECF 6875 - MEMORANDUM in Support of Motion to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #27 Exhibit ECF 7038 - NOTICE of Adoption of Prior Daubert Response and Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Dr. Iakovlev in Wave 8 by Certain Plaintiffs 3790 , #28 Exhibit ECF 7045 - Plaintiffs' Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #29 Exhibit ECF 7085 - Plaintiffs' Amended Adoption of Prior Daubert Response and Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev for Wave 8, #30 Exhibit ECF 7183 - Reply in Further Support of Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D.)(Robinson, Susan) [Transferred from West Virginia Southern on 1/10/2020.] |
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Filing 33
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 1/09/2020 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 1/08/2020 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 12/19/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 1/10/2020.]
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| Filing 32 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Exhibit List of Cases, #2 Exhibit Letter)(Gage, William) (Modified on 5/2/2019 to remove terminated party filer) (mk). [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 31 RESPONSE TO ORDER TO SHOW CAUSE by Brenda Barney, Richard Barney (Balefsky, Lee) [Transferred from West Virginia Southern on 1/10/2020.] |
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Filing 30
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 West Virginia Southern on 1/10/2020.]
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Filing 29
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 West Virginia Southern on 1/10/2020.]
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| Filing 28 REPLY by Ethicon, Inc., Johnson & Johnson to #27 Memorandum In Opposition. (Robinson, Susan) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 27 MEMORANDUM by Brenda Barney, Richard Barney in opposition to #23 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Balefsky, Lee) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 26 OPPOSITION by Brenda Barney, Richard Barney to #23 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)(Balefsky, Lee) [Transferred from West Virginia Southern on 1/10/2020.] |
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Filing 25
ORDER Directing that the Stipulation of Dismissal of Defendant Ethicon LLC filed in each case listed in Exhibit A is APPROVED; the Clerk is DIRECTED to dismiss Ethicon LLC in each case in Exhibit A. Signed by Judge Joseph R. Goodwin on 10/25/2018. (cc: counsel of record; any unrepresented party) (kab) [Transferred from West Virginia Southern on 1/10/2020.]
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| Filing 24 MEMORANDUM OF LAW by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in support of #23 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Robinson, Susan) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 23 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A - C)(Robinson, Susan) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 22 NOTICE OF VIDEO DEPOSITIONS OF FRIENDS AND FAMILY by Ethicon, Inc., Johnson & Johnson of Richard Barney, Casey Nicole Hardman, Christopher R. Harman, Joshua A. Barney, Joseph R. Barney on Dates and at Times to Be Determined (Robinson, Susan) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 21 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Defendant's Non-Retained Expert Disclosures. (Gage, William) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 20 SECOND AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Michael McCullough on 9/13/18 at 1:30 p.m. (Robinson, Susan) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 18 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Michael McCullough on 7/19/18 at 1:30 p.m. (Robinson, Susan) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 17 STIPULATION OF DISMISSAL OF DEFENDANT ETHICON LLC With Prejudice by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Richard Barney, Brenda Barney (Robinson, Susan) (Modified on 6/19/2018 to add party filers)(rmc). [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 16 NOTICE of Withdrawal of #14 Motion to Dismiss by Ethicon, Inc., Johnson & Johnson. (Gage, William) [Transferred from West Virginia Southern on 1/10/2020.] |
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Filing 15
ORDER The #14 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss for Failure to Comply With PTO 280 or Alternatively for Plaintiffs to Show Cause for Failure to Comply With PTO 280 or for Alternative Relief, Request for Expedited Briefing is DENIED as moot. Signed by Judge Joseph R. Goodwin on 6/14/2018. (cc: counsel of record; any unrepresented party) (REF: Cases Listed on Appendix A & B) (brn) [Transferred from West Virginia Southern on 1/10/2020.]
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Filing 19
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: 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; 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) [Transferred from West Virginia Southern on 1/10/2020.]
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| Filing 14 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss for Failure to Comply With PTO 280 or Alternatively for Plaintiffs to Show Cause for Failure to Comply With PTO 280 or for Alternative Relief, Request for Expedited Briefing and Supporting Memorandum (Gage, William) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 13 CERTIFICATE OF SERVICE by Brenda Barney, Richard Barney for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Balefsky, Lee) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 12 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (Robinson, Susan) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 11 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Brenda Barney on 4/20/18 at 9:00 a.m. (Robinson, Susan) [Transferred from West Virginia Southern on 1/10/2020.] |
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Filing 10
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 West Virginia Southern on 1/10/2020.]
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| Filing 9 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. William Michael Mcculough on 4/19/2018 at 9:00 a.m. (Sutherland, Kari) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 8 PLAINTIFF PROFILE FORM filed by Brenda Barney, Richard Barney. (Balefsky, Lee) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 4 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 West Virginia Southern on 1/10/2020.] |
| Filing 3 TRANSMITTED PRETRIAL ORDER # 45 (Preservation Order) entered on 04/25/2013 in MDL 2327 to attorneys in member case. (jap) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 2 ELECTRONIC SUMMONS ISSUED as to 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). (jap) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2376952. (Attachment: #1 Civil Cover Sheet) (jap) [Transferred from West Virginia Southern on 1/10/2020.] |
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