Hosbrook v. Ethicon, Inc. et al
| Patricia Hosbrook |
| Ethicon, Inc., Johnson & Johnson and Ethicon LLC |
| 3:2020cv00088 |
| March 9, 2020 |
| US District Court for the Southern District of Ohio |
| Walter H Rice |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 76
Case transferred in from District of West Virginia Southern; Case Number 2:12-cv-07843. Original file electronic copy of transfer order and docket sheet received.
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Judge Walter H. Rice added. (pb)
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NOTICE - If case is to be referred, it will be Magistrate Judge Sharon L. Ovington (pb)
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Filing 75
CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #66 CONTINUED, MDL ECF (2060) - Pls Mot to Exclude Timothy Ulatowski, #2 Exhibit MDL ECF (2065) Pls Mot to Exclude Timothy Ulatowski, #3 Exhibit MDL ECF (2134) Defs Resp to Mot to Exclude Timothy Ulatowski, #4 Exhibit MDL ECF (2232) Pls Reply in Support of Mot to Exclude Timothy Ulatowski, #5 Exhibit MDL ECF (2910) Defs Supp Resp and Notice of Adoption of Resp Regarding Timothy Ulatowski, #6 Exhibit MDL ECF (4358) Notice of Adoption of Prior Daubert Motion of Timothy Ulatowski, #7 Exhibit MDL ECF (4483) Notice of Adoption of Prior Daubert Response Regarding Timothy Ulatowski, #8 Exhibit MDL ECF (4615) - Notice of Adoption of Prior Daubert Reply of Timothy Ulatowski)(Gage, William) (Modified on 3/4/2020 to add party filer) (mkw). [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 74
CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #66 CONTINUED, MDL ECF (2039) - Pls Mot to Exclude Shelby Thames, #2 Exhibit MDL ECF (2042) Pls Mem in Support of Mot to Exclude Shelby Thames, #3 Exhibit MDL ECF (2187) Defs Resp to Pls Mot to Exclude Shelby Thames, #4 Exhibit MDL ECF (2247) Pls Reply in Support of Mot to Exclude Shelby Thames, #5 Exhibit MDL ECF (2455) Part 1 Pls Mot to Exclude Shelby Thames, #6 Exhibit MDL ECF (2455) Part 2 Pls Mot to Exclude Shelby Thames, #7 Exhibit MDL ECF (2458) Pls Mem in Support of Mot to Exclude Shelby Thames, #8 Exhibit MDL ECF (2553) Part 1 Defs Resp to Pls Mot to Exclude Shelby Thames, #9 Exhibit MDL ECF (2553) Part 2 Defs Resp to Pls Mot to Exclude Shelby Thames, #10 Exhibit MDL ECF (2553) Part 3 Defs Resp to Pls Mot to Exclude Shelby Thames, #11 Exhibit MDL ECF (2621) Pls Reply in Support of Mot to Exclude Shelby Thames, #12 Exhibit MDL ECF (2839) Part 1 Pls Mot to Exclude Shelby Thames, #13 Exhibit MDL ECF (2839) Part 2 Pls Mot to Exclude Shelby Thames, #14 Exhibit MDL ECF (2841) Pls Mem in Support of Mot to Exclude Shelby Thames, #15 Exhibit MDL ECF (2957) Defs Resp to Pls Mot to Exclude Shelby Thames, #16 Exhibit MDL ECF (3037) Pls Reply in Support of Mot to Exclude Shelby Thames, #17 Exhibit MDL ECF (4381) Notice of Adoption of Prior Daubert Motion of Shelby Thames, #18 Exhibit MDL ECF (4484) Notice of Adoption of Prior Daubert Response of Shelby Thames, #19 Exhibit MDL ECF (4613) Notice of Adoption of Prior Daubert Reply of Shelby Thames)(Gage, William) (Modified on 3/4/2020 to add party filer) (mkw). [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 73
CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #66 CONTINUED, MDL ECF (3677) - Pls' Mot to Exclude Steven Goldwasser, #2 Exhibit MDL ECF (3678) - Pls Mem in Support of Mot to Exclude Steven Goldwasser, #3 Exhibit MDL ECF (3754) - Defs' Resp to Mot to Exclude Goldwasser, #4 Exhibit MDL ECF (4365) - Pls Mot to Exclude Steven Goldwasser, #5 Exhibit MDL ECF (4372) - Pls Mem in Support of Mot to Exclude Steven Goldwasser, #6 Exhibit MDL ECF (4553) - Defs Resp to Pls Mot to Exclude Steven Goldwasser)(Gage, William) (Modified on 3/4/2020 to add party filer) (mkw). [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 72
CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #66 CONTINUED, MDL ECF (2033) - Pls' Mot to Exclude Elaine Duncan, #2 Exhibit MDL ECF (2036) - Pls Mem in Support of Mot to Exclude Elaine Duncan, #3 Exhibit MDL ECF (2155) Part 1 - Defs Resp to Pls Mot to Exclude Elaine Duncan, #4 Exhibit MDL ECF (2155) Part 2 - Defs Resp to Pls Mot to Exclude Elaine Duncan, #5 Exhibit MDL ECF (2223) - Pls' Reply to Defs' Resp to Pls' Mot to Exclude Elaine Duncan, #6 Exhibit MDL ECF (4335) - Notice of Adoption of Prior Daubert Motion of Elaine Duncan, #7 Exhibit MDL ECF (4497) - Notice of Adoption of Prior Daubert Response of Elaine Duncan, #8 Exhibit MDL ECF (4579) - Notice of Adoption of Prior Daubert Reply of Elaine Duncan)(Gage, William) (Modified on 3/4/2020 to add party filer) (mkw). [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 71
CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #66 CONTINUED, MDL ECF (2054) Part 1 - Pls' Mot to Exclude Gregory Bales, #2 Exhibit MDL ECF (2054) Part 2 - Pls' Mot to Exclude Gregory Bales, #3 Exhibit MDL ECF (2057) - Pls' Mem in Support of Mot to Exclude Gregory Bales, #4 Exhibit MDL ECF (2243) - Pls' Reply to Defs' Resp to Pls' Mot to Exclude Gregory Bales, #5 Exhibit MDL ECF (2914) - Defs' Resp to Pls' Mot to Exclude Gregoey Bales, #6 Exhibit MDL ECF (4330) - Notice of Adoption of Pls' Motion of Gregory Bales, #7 Exhibit MDL ECF (4491) - Notice of Adoption of Defs' Resp Regarding Gregory Bales, #8 Exhibit MDL ECF (4576) - Notice of Adoption of Pls' Reply of Gregory Bales)(Gage, William) (Modified on 3/4/2020 to add party filer) (mkw). [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 70
CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #66 CONTINUED, MDL ECF (2029) - MOTION to Exclude Testimony of Michael Margolis, #2 Exhibit MDL ECF (2031) - Defs' Mem in Support of Mot to Exclude Michael Margolis, #3 Exhibit MDL ECF (2169) - Pls Resp to Defs Mot to Exclude Michael Margolis, #4 Exhibit MDL ECF (2212) - Defs Mem in Support of Mot to Exclude Michael Margolis, #5 Exhibit MDL ECF (2832) - Defs Supp Mot to Exclude Michael Margolis and Notice of Adoption, #6 Exhibit MDL ECF (2833) - Defs Mem in Support of Supp Mot to Exclude Michael Margolis and Notice of Adoption, #7 Exhibit MDL ECF (2904) - Pls Resp to Defs Supp Mot to Exclude Michael Margolis and Notice of Adoption, #8 Exhibit MDL ECF (4385) - Notice of Adoption of Prior Daubert Mot and Reply Briefings of Michael Margolis, #9 Exhibit MDL ECF (4487) - Notice of Adoption of Prior Daubert Response of Michael Margolis)(Gage, William) (Modified on 3/4/2020 to add party filer) (mkw). [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 69
CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #66 CONTINUED, MDL ECF (3619) Part 1 - Def's Mot to Exclude Vladimir Iakovlev, #2 Exhibit MDL ECF (3619) Part 2 - Def's Mot to Exclude Vladimir Iakovlev, #3 Exhibit MDL ECF (3621) - Def's Mem in Support of Mot to Exclude Vladimir Iakovlev, #4 Exhibit MDL ECF (3790) Part 1 - Pls Resp to Defs Mot to Exclude Vladimir Iakovlev, #5 Exhibit MDL ECF (3790) Part 2 - Pls Resp to Defs Mot to Exclude Vladimir Iakovlev, #6 Exhibit MDL ECF (3790) Part 3 - Pls Resp to Defs Mot to Exclude Vladimir Iakovlev, #7 Exhibit MDL ECF (3865) Defs Reply in Support of Mot to Exclude Vladimir Iakovlev, #8 Exhibit MDL ECF (4312) Notice of Adoption of Defs Mot to Exclude Vladimir Iakovlev, #9 Exhibit MDL ECF (4480) Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #10 Exhibit MDL ECF (4626) Notice of Adoption of Defs' Reply Regarding Vladimir Iakovlev)(Gage, William) (Modified on 3/4/2020 to add party filer) (mkw). [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 68
CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #66 CONTINUED, MDL ECF (4573) Part 1 - Def's Mot to Exclude Scott A. Guelcher, #2 Exhibit MDL ECF (4573) Part 2 - Def's Mot to Exclude Scott A. Guelcher, #3 Exhibit MDL ECF (4573) Part 3 - Def's Mot to Exclude Scott A. Guelcher, #4 Exhibit MDL ECF (4573) Part 4 - Def's Mot to Exclude Scott A. Guelcher, #5 Exhibit MDL ECF (4574) - Def's Mem in Support of Mot to Exclude Scott A. Guelcher, #6 Exhibit MDL ECF (4675) Part 1 - Pls Resp to Defs Mot to Exclude Scott A. Guelcher, #7 Exhibit MDL ECF (4675) Part 2 - Pls Resp to Defs Mot to Exclude Scott A. Guelcher, #8 Exhibit MDL ECF (4692) - Defs Reply in Support of Mot to Exclude Scott A. Guelcher)(Gage, William) (Modified on 3/4/2020 to add party filer) (mkw). [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 67
CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #66 CONTINUED, MDL ECF (2082) Part 1 - Defs' Mot to Exclude Daniel Elliott, #2 Exhibit MDL ECF (2082) Part 2 - Defs' Mot to Exclude Daniel Elliott, #3 Exhibit MDL ECF (2082) Part 3 - Defs' Mot to Exclude Daniel Elliott, #4 Exhibit MDL ECF (2191) - Pls' Amended Resp to Defs' Mot to Exclude Daniel Elliott, #5 Exhibit MDL ECF (2815) - Def's Mem in Support of Mot to Exclude Daniel Elliott, #6 Exhibit MDL ECF (2952) - Pls' Resp to Defs' Mot to Exclude Daniel Elliott, #7 Exhibit MDL ECF (3029) - Defs' Reply in Support of Mot to Exclude Daniel Elliott, #8 Exhibit MDL ECF (4364) Part 1 - Defs' Mot to Exclude Daniel Ellott, #9 Exhibit MDL ECF (4364) Part 2 - Daniel Ellott, #10 Exhibit MDL ECF (4364) Part 3 - Daniel Ellott, #11 Exhibit MDL ECF (4367) - Defs' Mem in Support of Mot to Exclude Daniel Elliott, #12 Exhibit MDL ECF (4558) - Pls Resp to Defs' Mot to Exclude Daniel Elliott, #13 Exhibit MDL ECF (4635) - Defs Reply in Support of Mot to Exclude Daniel Elliott)(Gage, William) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 66
JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF (238) First Amended Master Long Form Complaint, #2 Exhibit MDL ECF (239) Master Answer of Ethicon, Inc. to First Amended Master Complaint, #3 Exhibit MDL ECF (241) Master Answer of Johnson & Johnson to First Amended Master Complaint, #4 Exhibit MDL ECF (262) - Short Form Complaint, #5 Exhibit MDL ECF (263) Amended Short Form Complaint)(Gage, William) (Modified on 3/4/2020 to add party filer) (mkw). [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 65
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 03/06/2020 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 03/05/2020 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 02/21/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (mms) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 64
RESPONSE TO ORDER TO SHOW CAUSE by Patricia Hosbrook (Haberman, Jeffrey) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 63
RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Attachments: #1 Exhibit Exh 1 - List of Cases, #2 Exhibit Exh 2 - Letter)(Gage, William) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 62
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 3/9/2020.]
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Filing 61
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) (mwk) (ADI) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 60
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 West Virginia Southern on 3/9/2020.]
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Filing 59
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Shelby Thames, Ph.D.) directing that the Memorandum Opinion and Order (Daubert Motion re: Shelby Thames, M.D.) filed at ECF No. 2723 in MDL 2327 on 9/2/2016 as to the Ethicon Wave 1 cases is ADOPTED in the Wave 5 cases identified in Exhibit A; the Memorandum Opinion and Order (Daubert Motion re: Shelby Thames, M.D.) is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 7/27/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 5 cases identified in the Exhibit attached hereto) (brn) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 58
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Daniel Elliott M.D.) directing that the Memorandum Opinion and Order (Daubert Motion re: Daniel Elliott, M.D.) entered at ECF No. 2666 in MDL 2327 on 8/26/2016 as to the Ethicon Wave 1 cases is ADOPTED in the Wave 5 cases as identified in Exhibit A; the Prior Order is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 7/27/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 5 cases identified in the Exhibit attached hereto) (pma) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 57
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Vladimir Iakovlev, M.D.) directing that the Memorandum Opinion and Order (DaubertMotion re: Vladimir Iakovlev, M.D.) filed at ECF No. 2710 in MDL 2327 on 9/01/2016, as to the Ethicon Wave 1 cases is ADOPTED in the Wave 5 cases as identified in Exhibit A; the Prior Order is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 7/27/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 5 cases identified in the Exhibit attached hereto) (mmw) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 56
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Michael Margolis, M.D.) directing that the Memorandum Opinion and Order (Daubert Motion re: Thomas Margolis, M.D.) filed at ECF No. 2681 in MDL 2327 on 8/30/2016, as to the Ethicon Wave 1 cases is ADOPTED in the Wave 5 cases identified in Exhibit A; the Prior Order is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 7/27/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 5 cases identified in the Exhibit attached hereto) (pma) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 55
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Elaine Duncan, M.D.) directing that the Memorandum Opinion and Order (Daubert motion re: Elaine Duncan, M.D.) entered as ECF No. 2656 in MDL 2327 on 8/25/2016 as to the Ethicon Wave 1 cases is ADOPTED in the Wave 5 cases identified in Exhibit A; the Memorandum Opinion and Order (Daubert motion re: Elaine Duncan, M.D.) is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 7/27/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 5 cases identified in the Exhibit attached hereto) (mek) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 54
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Scott Guelcher, Ph.D.) directing that the Memorandum Opinion and Order (Daubert Motion re: Scott Guelcher, Ph.D.) filed at ECF No. 2698 in MDL 2327 on 8/31/2016, as to the Ethicon Wave 1 cases is ADOPTED in the Wave 5 cases identified in Exhibit A; the Prior Order is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 7/27/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 5 cases identified in the Exhibit attached hereto) (kp) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 53
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Timothy Ulatowski, M.D.) directing that the Memorandum Opinion and Order (Daubert Motion re: Timothy Ulatowski, M.D.) filed at ECF No. 2649 in MDL 2327 on 8/25/2016 as to the Ethicon Wave 1 cases is ADOPTED in the Wave 5 cases identified in Exhibit A; the Memorandum Opinion and Order (Daubert Motion re: Timothy Ulatowski, M.D.) is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 7/26/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 5 cases identified in the Exhibit attached hereto) (st) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 52
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Steven Goldwasser, M.D.) directing that the Memorandum Opinion and Order (Daubert Motion re: Steven Goldwasser, M.D.) filed at ECF No. 6312 in MDL 2327 on 7/24/2018, as to the Ethicon Wave 4 cases is ADOPTED in the Wave 5 cases identified in Exhibit A; the Prior Order is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 7/26/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 5 cases identified in the Exhibit attached hereto) (kp) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 51
ORDER This order denying the Motion by Ethicon, Inc., Johnson & Johnson for Sanctions Based on Plaintiffs' Failure to Comply With the Court's ECF No. 4714 Order is not intended to resolve outstanding issues regarding the reliability and admissibility of the article "Oxidation and Degradation of Polypropylene Transvaginal Mesh"; this order simply memorializes the undersigned's conclusion that Plaintiffs complied with the court's order compelling them, through Dr. Guelcher, to collect any remaining facts and data in the possession of the co-investigators and supply it to Defendants. Signed by Magistrate Judge Cheryl A. Eifert on 12/15/2017. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 5 cases) (rec) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 50
ORDER The Motion by Ethicon, Inc., Johnson & Johnson to Compel Discovery or, in the Alternative, to Exclude Certain Opinion Testimony filed in MDL 2327 is GRANTED, in part, and DENIED, in part; Plaintiffs are hereby ORDERED to collect and produce to the defendants certain information set forth herein pertaining to the article entitled "Oxidation and Degradation of Polypropylene Transvaginal Mesh," relied upon by Dr. Guelcher; With respect to Defendants' motion that they be permitted to take a supplemental deposition of Dr. Guelcher to question him about the raw data, the motion is DENIED. Furthermore, Defendants' motion to preclude Dr. Guelcher from offering opinions or testimony based upon the above-mentioned article is likewise DENIED, as it is moot. Signed by Magistrate Judge Cheryl A. Eifert on 9/26/2017. (cc: attys) (REF: MDL 2327; Wave 5 Cases) (pma) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 49
PRETRIAL ORDER #270 (ORDER RE: STIPULATIONS EXTENDING DISCOVERY) After a cursory review of many individual cases in the Ethicon MDL, the court notes that the parties have attempted to stipulate a change in the court's Docket Control Orders setting deadlines for discovery. The parties cannot extend court ordered discovery deadlines past the date set for completion of discovery without approval from the court. Fed. R. Civ. P. Rule 29(b); see Fed. R. Civ. P. Rule 16(b)(4). Here, the parties are repeatedly attempting to stipulate to delay the completion of discovery, which affects other deadlines in the Docket Control Orders, such as the deadline for filing dispositive motions and the deadline for filing Daubert motions. Under Local Rule 16.1(f)(3), the court is not required to, nor does it, recognize stipulations purporting to extend the discovery deadlines past the close of discovery. See LR Civ. P. 16.1(f)(3). Therefore, all such stipulations filed in the Ethicon MDL which are inconsistent with Local Rule 16.1(f)(3) are INEFFECTUAL and VOID. Such stipulations undermine the policy goals of the MDL, including convenience of the parties, efficiency of the pretrial proceedings, and consistency on related issues. The parties are DIRECTED to cease filing such stipulations purporting to extend the discovery deadlines contrary to Local Rule 16.1(f)(3). When the parties seek an extension of discovery deadlines past the date set for the completion of discovery in the Docket Control Order, they must do so by motion in the individual case. The Docket Control Orders are plain that the only discovery permitted after the close of discovery are depositions of the plaintiff's friends and family members, and only if such depositions are requested before the discovery deadline. Those orders remain unaffected. Modifications of the discovery schedule may be considered, for good cause shown. Fed. R. Civ. P. 16(b)(4); see, e.g., PTO #251 at A.2.f. Good cause does not include mere agreement of the parties. Signed by Judge Joseph R. Goodwin on 9/13/2017. (cc: Clerk of the JPMDL Panel; attys) (REF: MDL 2327; Ethicon Wave 1, 2, 3, 4, 5, 6, and 7 Cases) (kab) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 48
RESPONSE by Patricia Hosbrook in opposition to #44 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions of Bruce Rosenzweig, M.D. (Haberman, Jeffrey) (Modified on 8/30/2017 to remove link to #45 memorandum) (kp). [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 47
REPLY by Ethicon, Inc., Johnson & Johnson to #46 Response in Opposition (Jones, Christy) (Modified on 8/28/2017 to correct link to #46 response in opposition) (ts). [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 46
RESPONSE by Patricia Hosbrook in opposition to #39 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Haberman, Jeffrey) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 45
MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #44 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions of Bruce Rosenzweig, M.D. (Jones, Christy) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 44
MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions of Bruce Rosenzweig, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Jones, Christy) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 43
PRETRIAL ORDER # 268 (Motion for a Protective Order and Motion for De Bene Esse Deposition) The Motion by Ethicon, Inc. Johnson & Johnson for Protective Order Precluding De Bene Esse Deposition of Plaintiffs' Expert Witness Scott A. Guelcher, PH.D. and Motion for De Bene Esse Deposition of Scott A. Guelcher, PH.D. filed in MDL 2327 are DENIED as to the motion for a protective order and GRANTED as to the motion for leave to conduct a de bene esse deposition of Dr. Guelcher. Signed by Judge Cheryl A. Eifert on 8/9/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2327; Wave 5 Cases) (rec) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 42
PRETRIAL ORDER # 267 (Re: Order Dismissing Ethicon, LLC in Cases Listed on Exhibit A) Pursuant to PTO # 117 filed in MDL 2327, the Court granted Plaintiffs' Motion to Amend First Amended Master Long Form Complaint and Jury Demand and Amended Master Short Form Complaint to the extent it sought to remove defendant Ethicon, LLC from the Master Long Form Complaint and Amended Short Form Complaint and provided that the Court would initiate a show cause process regarding Ethicon, LLC in cases filed prior to the date of the Order; the cases identified as part of Wave discovery and included in the attached Exhibit A all pre-date PTO # 117 and name Ethicon, LLC as a defendant; the parties have agreed to dismiss Ethicon, LLC without prejudice from the cases identified on Exhibit A; it is ORDERED that Ethicon, LLC shall be dismissed without prejudice from each case identified on Exhibit A. Signed by Judge Joseph R. Goodwin on 8/4/2017. (cc: Clerk of JPMDL; attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 41
STIPULATION AND AGREEMENT OF THE PARTIES REGARDING DEPOSITIONS OF CASE SPECIFIC EXPERTS (OTHER THAN PATHOLOGY EXPERTS) by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Patricia Hosbrook (Sutherland, Kari) (Modified on 7/18/2017 to add party filer) (ts). [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 40
MEMORANDUM by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in support of #39 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Jones, Christy) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 39
MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Attachment: #1 Exhibit A)(Jones, Christy) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 38
STIPULATION AND AGREEMENT OF THE PARTIES REGARDING DEPOSITION OF SALES REPRESENTATIVE by Ethicon, Inc., Johnson & Johnson, Patricia Hosbrook (Sutherland, Kari) (Modified on 7/5/2017 to correct party filers) (skh). [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 37
CERTIFICATE OF SERVICE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Responses to Plaintiff's Interrogatories, Requests for Production and Requests for Admissions. (Sutherland, Kari) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 36
CERTIFICATE OF SERVICE by Patricia Hosbrook for Responses to Defendants' First Set of Interrogatories, First Set of Requests for Production and First Set of Requests for Admissions. (Haberman, Jeffrey) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 35
NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Tracy J. Van Steenburgh on behalf of Ethicon, Inc., Johnson & Johnson. (Van Steenburgh, Tracy) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 34
PLAINTIFF FACT SHEET filed by Patricia Hosbrook. (Attachments: #1 Exhibit(s) 1)(Haberman, Jeffrey) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 33
PLAINTIFF PROFILE FORM filed by Patricia Hosbrook. (Attachments: #1 Exhibit(s) 1)(Haberman, Jeffrey) [Transferred from West Virginia Southern on 3/9/2020.]
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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. (Jones, Christy) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 31
CERTIFICATE OF SERVICE by Patricia Hosbrook for Plaintiff's Interrogatories, Requests for Production and Requests for Admissions. (Haberman, Jeffrey) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 30
CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for First Set of Requests for Production of Documents and Things, First Set of Requests for Admission, and First Set of Interrogatories to Plaintiff. (Sutherland, Kari) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 29
CERTIFICATE OF SERVICE by Patricia Hosbrook for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Haberman, Jeffrey) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 28
NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David Silverman on behalf of Patricia Hosbrook. (Silverman, David) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 27
CROSS-NOTICE OF VIDEO DEPOSITION by Patricia Hosbrook of Dr. Debra Miller on 4/20/2017 at 3:00 p.m. (Haberman, Jeffrey) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 26
NOTICE OF ATTORNEY APPEARANCE by Jeffrey L. Haberman on behalf of Patricia Hosbrook. (Haberman, Jeffrey) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 25
NOTICE of Issuing Subpoena to Dr. Debra Miller by Ethicon, Inc., Johnson & Johnson re: #24 Amended Notice of Video Deposition of Dr. Debra Miller (Sutherland, Kari) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 24
AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Debra Miller on April 20, 2017 at 3:00 p.m. (Sutherland, Kari) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 23
NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Patricia Hosbrook on 4/20/2017 at 9:00 a.m. (Sutherland, Kari) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 22
NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Patricia Hosbrook on April 20, 2017 at 9:00 a.m. (Sutherland, Kari) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 21
NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Debra Miller on March 17, 2017 at 9:00 a.m. (Combs, Philip) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 20
PRETRIAL ORDER # 248 (Docket Control Order - Wave 5 Cases) The cases attached hereto as Exhibit A will be known as "Ethicon Wave 5 cases" and the following deadlines apply: Scheduling Deadlines. Plaintiff Fact Sheets due by 3/22/2017, Defendant Fact Sheets due by 4/22/2017, Deadline for written discovery requests is 6/05/2017, Expert disclosure by plaintiffs due by 5/22/2017, Expert disclosure by defendants due by 6/19/2017, Expert disclosure for rebuttal purposes due by 7/05/2017, Deposition deadline and close of discovery is 7/19/2017, Filing of Dispositive Motions due by 8/08/2017, Response to Dispositive Motions due by 8/22/2017, Reply to response to dispositive motions due by 8/29/2017, Filing of Daubert motions due by 8/15/2017, Responses to Daubert motions due by 8/29/2017, and Reply to response to Daubert motions due by 9/05/2017. 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 courts attention in a consolidated manner as follows: A consolidated motion to seal is due on or before 6/28/2017, any response is due 7/12/2017 and any reply is due 7/19/2017. Venue Recommendations. By no later than 6/30/2017, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall submit joint venue recommendations to the court by 7/10/2017. Signed by Judge Joseph R. Goodwin on 2/21/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2327; Wave 5 Cases Listed on Exhibit A) (mmw) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 19
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 West Virginia Southern on 3/9/2020.]
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Filing 18
NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jeffrey L. Haberman on behalf of Patricia Hosbrook. (Haberman, Jeffrey) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 17
NOTICE OF SUBSTITUTION OF COUNSEL Charles B. Patrick in lieu of Valerie A. Conzo on behalf of Patricia Hosbrook (Patrick, Charles) (Modified text for clarity on 4/11/2013) (skh). [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 16
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 3/9/2020.]
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Filing 15
NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Laura H. Dixon on behalf of Ethicon, Inc., Johnson & Johnson. (Dixon, Laura) [Transferred from West Virginia Southern on 3/9/2020.]
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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 West Virginia Southern on 3/9/2020.]
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Filing 13
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 3/9/2020.]
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Filing 12
SUMMONS RETURNED EXECUTED by Personal Service for Ethicon, Inc.. Ethicon, Inc. served on 1/2/2013, answer due 1/23/2013. Summons served on Kim Perillo/Paralegal. (Conzo, Valerie) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 11
SUMMONS RETURNED EXECUTED by Personal Service for Johnson & Johnson. Johnson & Johnson served on 1/2/2013, answer due 1/23/2013. Summons served on Jocelyn Ray/Paralegal. (Conzo, Valerie) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 10
SUMMONS RETURNED EXECUTED by Personal Service for Ethicon, LLC. Ethicon, LLC served on 12/24/2012, answer due 1/14/2013. Summons served on Scott Lascala/Process Agent. (Conzo, Valerie) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 9
NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Susan M. Robinson on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Robinson, Susan) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 8
NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Philip J. Combs on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Combs, Philip) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 7
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 3/9/2020.]
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Filing 6
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for All Defendants, re: #3 Electronic Summons Issued,. Return Receipt Card signed by James Januz, Scott L.. All Defendants. (Attachments: #1 Summons Issued, Return Receipt via Certified Mail, #2 Summons Issued, Return Receipt via Certified Mail)(Conzo, Valerie) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 5
ELECTRONIC SUMMONS ISSUED as to Ethicon, Inc., 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). (jws) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 4
SUMMONS SUBMITTED by Patricia Hosbrook for Ethicon, Inc., re: #1 Short Form Complaint (Attachment: #1 Amended Civil Cover Sheet)(Conzo, Valerie) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 3
ELECTRONIC SUMMONS ISSUED as to Ethicon, LLC, 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 to Ethicon, Inc., #2 Johnson & Johnson) (gjb) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 2
TRANSMITTED PRETRIAL ORDER 23 (Agreed Order Regarding Severance of Actions) entered on 11/15/2012 in MDL 2327 to attorneys in member case. (Attachments: #1 Exhibit A, #2 Exhibit B) (jap) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 1
SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2087308. (Attachment: #1 Civil Cover Sheet) (cwm) [Transferred from West Virginia Southern on 3/9/2020.]
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