Cawthorne et al v. Ethicon, Inc. et al
| Patricia Cawthorne and Richard Cawthorne |
| C. R. Bard, Inc., Johnson & Johnson, Ethicon, LLC and Ethicon, Inc. |
| 6:2019cv00365 |
| October 30, 2019 |
| US District Court for the Eastern District of Oklahoma |
| James H Payne |
| Kimberly E West |
| Ronald A White |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 18, 2019. A more recent docket listing may be available from PACER.
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| Filing 62 ATTORNEY APPEARANCE by Christopher A. Gomez on behalf of Patricia Cawthorne, Richard Cawthorne (Gomez, Christopher) |
| Filing 61 ATTORNEY APPEARANCE by Lee B. Balefsky on behalf of Patricia Cawthorne, Richard Cawthorne (Balefsky, Lee) |
Filing 60
MINUTE ORDER by District Judge James H. Payne referring case to Magistrate Judge Kimberly E. West pursuant to 28 USC 636(b)(1)(A) for final determination of all non-dispositive matters arising in the case. All future filings shall bear the case number CIV-19-365-JHP-KEW. (cjt, Deputy Clerk)
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| Filing 59 MINUTE ORDER by Court Clerk: Pursuant to an election of the District Judge Option and in accordance with LCvR 40.1(c), this case is reassigned to District Judge James H. Payne. Magistrate Judge Kimberly E. West is no longer assigned to case. All documents filed in this case in the future shall reflect the new case number CIV-19-365-JHP. (cjt, Deputy Clerk) |
| Filing 58 MINUTES of Proceedings held before Magistrate Judge Kimberly E. West: Telephonic Status Hearing held on 12/17/2019. (adw, Deputy Clerk) |
| Filing 57 MINUTE ORDER by The Court granting #55 Motion for Admission Pro Hac Vice of attorney Christopher A. Gomez. Mr. Gomez is admitted to this District for the limited purpose of representing Plaintiffs in this action. (adw, Deputy Clerk) |
| Filing 56 ATTORNEY APPEARANCE by Tracie L. Palmer on behalf of All Plaintiffs (Palmer, Tracie) |
| Filing 55 MOTION for Attorney Christopher A. Gomez to be Admitted Pro Hac Vice (paid $50 filing fee; receipt number AOKEDC-1324512) by All Plaintiffs (With attachments) Responses due by 12/26/2019(Norman, Bradley) |
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Filing 54
MINUTE ORDER by Magistrate Judge Kimberly E. West - Plaintiffs' Motion for Leave to Appear Pro Hac Vice filed by Bradley Norman on behalf of Lee B. Balefsky (Docket Entry #52 ) is hereby GRANTED. Mr. Balefsky is admitted to this District for the limited purpose of representing Plaintiffs in this action. (adw, Deputy Clerk)
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Filing 53
MINUTE ORDER by Magistrate Judge Kimberly E. West - Plaintiffs' Motion for Leave to Appear Pro Hac Vice filed by Bradley Norman on behalf of Tracie L. Palmer (Docket Entry #51 ) is hereby GRANTED. Ms. Palmer is admitted to this District for the limited purpose of representing Plaintiffs in this case.(adw, Deputy Clerk)
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| Filing 52 MOTION for Attorney Lee B. Balefsky to be Admitted Pro Hac Vice (paid $50 filing fee; receipt number AOKEDC-1323806) by All Plaintiffs (With attachments) Responses due by 12/26/2019(Norman, Bradley) |
| Filing 51 MOTION for Attorney Tracie L. Palmer to be Admitted Pro Hac Vice (paid $50 filing fee; receipt number AOKEDC-1323684) by All Plaintiffs (With attachments) Responses due by 12/26/2019(Norman, Bradley) |
| Filing 50 ATTORNEY APPEARANCE by Bradley E. Norman on behalf of All Plaintiffs (Norman, Bradley) |
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Filing 49
MINUTE ORDER by Magistrate Judge Kimberly E. West - This Court will conduct a telephonic Status Conference in this case on DECEMBER 17, 2019 at 10:00 A.M. Counsel shall provide a telephone number where they may be reached on the day of the Conference at Allison_Winkle@oked.uscourts.gov by December 16, 2019. The Court will initiate the telephone call. Additionally, the parties shall provide signed completed Consent/District Judge Option form to the intake e-mail account at Consents_OKED@oked.uscourts.gov no later than DECEMBER 10, 2019.(adw, Deputy Clerk)
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Filing 48
MINUTE ORDER by Magistrate Judge Kimberly E. West - Motion to Withdraw Appearance of Counsel (Docket Entry #46 ) is hereby GRANTED, since alternative counsel remains in the case. As a result, Anita Modak-Truran, David B. Thomas, Susan M. Robinson, Christy D. Jones, William M. Gage, Jordan N. Walker, and Molly E. Flynn are deemed WITHDRAWN from further representation of Defendants in this action. (adw, Deputy Clerk)
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| Filing 47 MINUTE ORDER by Court Clerk : Pursuant to the recusal of Judge Ronald A. White and at the direction of the Court, this case is hereby randomly reassigned to Magistrate Judge Kimberly E. West. All documents filed in this case in the future shall reflect the new case number CIV-19-365-KEW.(lal, Deputy Clerk) |
| Filing 46 MOTION to Withdraw Attorneys Anita Modak-Truran, David B. Thomas, Susan M. Robinson, Christy D. Jones, William M. Gage, Jordan N. Walker, and Molly E. Flynn by Ethicon, Inc., Johnson & Johnson Responses due by 11/25/2019(Fischer, Amy) |
| Filing 45 ATTORNEY APPEARANCE by Jordyn Cartmell on behalf of Ethicon, Inc., Johnson & Johnson (Cartmell, Jordyn) |
| Filing 44 ATTORNEY APPEARANCE by Amy Sherry Fischer on behalf of Ethicon, Inc., Johnson & Johnson (Fischer, Amy) |
| Filing 43 ATTORNEY APPEARANCE by Larry D. Ottaway on behalf of Ethicon, Inc., Johnson & Johnson (Ottaway, Larry) |
| Filing 42 CASE TRANSFERRED IN from the West Virginia Southern |
| Filing 41 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Balefsky, Lee) [Transferred from wvsd on 10/30/2019.] |
| Filing 40 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 (2041) P mte Dr. Woods., #2 (2060) P mte Ulatowski, #3 (2063) Motion to Exclude Felix, MD_Part1, #4 (2063) Motion to Exclude Felix, MD_Part2, #5 (2063) Motion to Exclude Felix, MD_Part3, #6 (2063) Motion to Exclude Felix, MD_Part4, #7 (2063) Motion to Exclude Felix, MD_Part5, #8 (2063) Motion to Exclude Felix, MD_Part6, #9 (2063) Motion to Exclude Felix, MD_Part7, #10 (2063) Motion to Exclude Felix, MD_Part8, #11 (2063) Motion to Exclude Felix, MD_Part9, #12 (2063) Motion to Exclude Felix, MD_Part10, #13 (2063) Motion to Exclude Felix, MD_Part11, #14 (2063) Motion to Exclude Felix, MD_Part12, #15 (2169) P response mte Margolis, #16 (2234) P reply mte Dr. Woods, #17 (2255) Reply to Response to FelixMD Daubert, #18 (2455) Attachment 1, #19 (2455) P mte Thames_Part1, #20 (2455) P mte Thames_Part2, #21 (2458) memo in support MTE Thames, #22 (2841) memo MTE Thames, #23 (2904) P response supp mte Margolis, #24 (2931) Plaintiff's memo in opp to MTE Rosi w exhibits, #25 (2949) P response MTE Pence, #26 (3037) P reply mte Thames, #27 (3767) Attachment 1, #28 (3767) Attachment 2, #29 (3767) Attachment 3, #30 (3767) Attachment 4, #31 (5482) P memo in opp to MTE Rosenzweig w exh, #32 (7045) P opp memo to D mte Iakovlev)(Balefsky, Lee) [Transferred from wvsd on 10/30/2019.] |
| Filing 39 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 (3626) MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Limit the Testimony of Prof. Dr. Med. Uwe Klinge in Certain Wave 4 Cases, part 2, #2 (3626) MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Limit the Testimony of Prof. Dr. Med. Uwe Klinge in Certain Wave 4 Cases, part 3, #3 (3626) MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Limit the Testimony of Prof. Dr. Med. Uwe Klinge in Certain Wave 4 Cases, part 4, #4 (3626) MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Limit the Testimony of Prof. Dr. Med. Uwe Klinge in Certain Wave 4 Cases, part 5, #5 (3626) MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Limit the Testimony of Prof. Dr. Med. Uwe Klinge in Certain Wave 4 Cases, part 6, #6 (3626) MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Limit the Testimony of Prof. Dr. Med. Uwe Klinge in Certain Wave 4 Cases, part 7, #7 (3630) MEMORANDUM In Support of Motion to Limit Testimony of Prof. Dr. Med. Uwe Kling, #8 (3767) RESPONSE in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Prof. Dr. Med. Uwe Klinge, #9 (3855) REPLY in Support of Motion to Limit the Testimony of Prof. Dr. Med. Uwe Klinge, #10 (6648) NOTICE of Adoption of Ethicon's Motion to Exclude the Opinions and Testimony of Prof. Med. Uwe Klinge Filed in Wave 4, #11 (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, #12 (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, #13 (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, #14 (2029) MOTION to Exclude Certain Opinions of Michael Thomas Margolis, M.D., #15 (2031) MEMORANDUM in Support of Motion to Exclude Certain Opinions of Michael Thomas Margolis, M.D., #16 (2169) Response in Opposition to Defendants' Motion to Exclude Certain Opinions of Michael Thomas Margolis, MD, #17 (2212) REPLY Memorandum in Support of Motion to Exclude Certain Opinions of Michael Thomas Margolis, M.D., #18 (2832) Defendants' Supplemental Motion to Exclude and Notice of Adoption of Prior Daubert Motion and Reply Brief of Michael Thomas Margolis, M.D. for Wave 3, #19 (2833) Memorandum in Support of Defendants' Supplemental Motion to Exclude and Notice of Adoption of Prior Daubert Motion and Reply Brief of Michael Thomas Margolis, M.D. for Wave 3, #20 (2904) MEMORANDUM in Opposition to Defendants' Supplemental Motion to Exclude and Notice of Adoption of Prior Daubert Motion and Reply of Michael Thomas Margolis, M.D. for Wave 3, and Plaintiffs' NOTICE of Adoption of Memorandum in Opposition to Prior Daubert Motion, #21 (6868) NOTICE of Adoption of Prior Daubert Motions 2029 , 2031 , 2832 , 2833 and Reply Briefing 2212 as to Michael Thomas Margolis, M.D. by Ethicon, Inc., Johnson & Johnson, #22 (6953) Notice of Adoption of Prior Daubert Response 2169 , 2904 of Michael Thomas Margolis, M.D. for Wave 8, #23 (2759) MOTION to Exclude Peggy Pence, Ph.D., #24 (2760) MEMORANDUM in Support of Motion to Exclude Peggy Pence, Ph.D., #25 (2949) RESPONSE in Opposition to Defendants' Motion to Exclude Peggy Pence, Ph.D., #26 (3017) REPLY in Support of Motion to Exclude Peggy Pence, Ph.D., #27 (6821) NOTICE of Adoption of Prior Daubert Motion to Exclude Peggy Pence, Ph.D., for Ethicon Wave 8 2759 , 2760 , #28 (6958) NOTICE of Adoption of Prior Daubert Response 2949 of Peggy Pence, Ph.D. for Wave 8, #29 (7177) NOTICE of Adoption of Prior Reply in Support of Daubert Motion to Exclude Peggy Pence, Ph.D., 3017 for Ethicon Wave 8, #30 (2817) Defendants' Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #31 (2818) MEMORANDUM in Support of Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #32 (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, MD in Certain Wave 3 Cases, #33 (5332) 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, #34 (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]], #35 (5482) RESPONSE Memorandum in Opposition to Defendants' Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #36 (5548) REPLY Brief in Support of Defendants' Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #37 (6852) NOTICE of Adoption of Prior Daubert Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D. Wave 8 5332 , 5333 , 5548 , #38 (6960) NOTICE of Adoption of Prior Daubert Response of Bruce Rosenzweig, M.D. for Wave 8)(Balefsky, Lee) [Transferred from wvsd on 10/30/2019.] |
| Filing 38 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 (3790) RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Pt 2, #2 (3790) RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Pt 3, #3 (3790) RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Pt 4, #4 (3790) RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Pt 5, #5 (3790) RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Pt 6, #6 (3790) RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Pt 7, #7 (3790) RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Pt 8, #8 (3790) RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Pt 9, #9 (3790) RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Pt 10, #10 (3790) RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Pt 11, #11 (3790) RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Pt 12, #12 (3790) RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Pt 13, #13 (3790) RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Pt 14, #14 (3790) RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Pt 15, #15 (3790) RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Pt 16, #16 (3790) RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Pt 17, #17 (3790) RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Pt 18, #18 (3790) RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Pt 19, #19 (3790) RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Pt 20, #20 (3790) RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Pt 21, #21 (3790) RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Pt 22, #22 (3790) RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Pt 23, #23 (3790) RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Pt 24, #24 (3790) RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Pt 25, #25 (3790) RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Pt 26, #26 (3790) RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Pt 27, #27 (3790) RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Pt 28, #28 (3790) RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Pt 29, #29 (3790) RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Pt 30, #30 (3790) RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Pt 31, #31 (3790) RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Pt 32, #32 (3790) RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Pt 33, #33 (3865) Defendants' Reply in Support of Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D., #34 (6874) 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]. Pt 1, #35 (6874) 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]. Pt 2, #36 (6874) 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]. Pt 3, #37 (6874) 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]. Pt 4, #38 (6874) 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]. Pt 5, #39 (6874) 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]. Pt 6, #40 (6874) 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]. Pt 7, #41 (6874) 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]. Pt 8, #42 (6874) 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]. Pt 9, #43 (6874) 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]. Pt 10, #44 (6875) MEMORANDUM in Support of Motion to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #45 (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 , #46 (7045) Plaintiffs' Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #47 (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, #48 (7183) Reply in Further Support of Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D.)(Balefsky, Lee) [Transferred from wvsd on 10/30/2019.] |
| Filing 37 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 (238) First Amended Master Long Form Complaint and Jury Demand, #2 (239) Master Answer and Jury Demand of Defendant Ethicon, Inc. to First Amended Master Complaint, #3 (240) Master Answer and Jury Demand of Defendant Ethicon LLC to First Amended Master Complaint, #4 (241) Master Answer and Jury Demand of Defendant Ethicon LLC to First Amended Master Complaint, #5 (262) Short Form Complaint, #6 (263) Amended Short Form Complaint, #7 (2063) Plaintiffs' Daubert Motion to Preclude Testimony of Defense Expert Juan Carlos Felix, M.D, #8 (2069) Plaintiffs' Memorandum of Law in Support of Daubert Motion to Preclude Testimony of Defense Expert Juan Carlos Felix, M.D., #9 (2184) Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Juan C. Felix, M.D., #10 (2255) Plaintiffs' Reply to Defendants' Response in Opposition to Plaintiffs' Daubert Motion to Preclude the Testimony of Juan C. Felix, M.D., #11 (6796) Notice of Adoption of Prior Daubert Motion 2063 , 2069 of Juan Carlos Felix, M.D. for Wave 8, #12 (6966) Notice of Adoption of Prior Daubert Response 2184 Regarding Dr. Juan C. Felix, M.D. for Wave 8, #13 (7093) Notice of Adoption of Prior Daubert Reply 2255 of Juan Carlos Felix, M.D. for Wave 8, #14 (2039) Plaintiffs' Motion to Exclude the Opinions and Testimony of Shelby Thames, #15 (2042) Memorandum in Support of Plaintiffs' Motion to Exclude the Opinions and Testimony of Shelby Thame, #16 (2187) Response in Opposition to Plaintiffs' Exclude the Opinions and Testimony of Dr. Shelby Thames, Ph.D., #17 (2247) Reply in Support of Plaintiffs' Motion to Exclude the Opinions of Dr. Shelby Thames, #18 (2455) Plaintiffs' Motion to Exclude the Opinions and Testimony of Shelby Thames, #19 (2458) Memorandum in Support of Plaintiffs' Motion to Exclude Certain Opinions of Dr. Shelby Thames, #20 (2553) Response in Opposition to Plaintiffs' Exclude the Opinions and Testimony of Dr. Shelby Thames, Ph.D., #21 (2621) Reply in Support of Plaintiffs' Motion to Exclude the Opinions of Dr. Shelby Thames, #22 (2839) Plaintiffs' Daubert Motion to Exclude of Limit the Opinions and Testimony of Dr. Shelby Thames, #23 (2841) Memorandum of Law in Support of Plaintiffs' Daubert Motion to Exclude of Limit the Opinions and Testimony of Dr. Shelby Thames, #24 (2957) Response in Opposition to Plaintiffs' Motion to Exclude or Limit the Opinions and Testimony of Dr. Shelby Thames, #25 (3037) Reply in Support of Plaintiffs' Motion to Exclude the Opinions of Dr. Shelby Thames, #26 (6857) Notice of Adoption of Prior Daubert Motion (2039), (2042), (2455), (2458), (2839), (2841) of Shelby Thames for Wave, #27 (6972) Notice of Adoption of Prior Daubert Response (2187), (2553), (2957) of Shelby Thames for Wave 8, #28 (7113) Notice of Adoption of Prior Daubert Reply (2247), (2621), (3037) of Dr. Shelby Thames, #29 (2060) Plaintiffs' Daubert Motion to Exclude the Opinions of FDA Expert Timothy Ulatowski, #30 (2065) Plaintiffs' Memorandum in Support of Their Daubert Motion to Exclude the Opinions of FDA Expert Timothy Ulatowski, #31 (2134) Response in Opposition to Motion to Exclude Timothy Ulatowski, #32 (2232) Plaintiff's Reply in Support of Their Daubert Motion to Exclude FDA Expert Timothy Ulatowski, #33 (2910) Supplemental Response and Notice of Adoption of Prior Daubert Response Regarding Timothy Ulatowski for Wave 3, #34 (6860) Notice of Adoption of Prior Daubert Motion (2060), (2065) of Timothy Ulatowski, M.D. for Wave 8, #35 (6965) Notice of Adoption of Prior Daubert Response (2910), (2134) Regarding Timothy Ulatowski for Wave 8, #36 (7143) Notice of Adoption of Prior Daubert Reply (2232) of Timothy Ulatowski, M.D. for Wave 8, #37 (2041) Plaintiffs' Motion to Exclude the General Causation Opinions of Defense Expert Michael P. Woods, M.D., #38 (2043) Plaintiffs' Memorandum in Support of Their Motion to Exclude the General Causation Opinions of Defense Expert Michael P. Woods, M.D., #39 (2234) Plaintiffs' Reply in Support of Their Motion to Exclude the General Causation Opinions of Defense Expert Michael P. Woods, M.D., #40 (2927) Defendants' Response in Opposition to Plaintiffs' Motion to Exclude General Opinions of Michael P. Woods, M.D., #41 (3051) Plaintiffs' Reply in Support of Their Motion to Exclude the General Causation Opinions of Defense Expert Michael P. Woods., #42 (6863) Notice of Adoption of Prior Daubert Response (2927) Regarding Michael P. Woods, M.D. for Wave 8, #43 (6985) Notice of Adoption of Prior Daubert Response (2927) Regarding Michael P. Woods, M.D. for Wave 8, #44 (7118) Notice of Adoption of Prior Daubert Reply (2234), (3051) of Michael P. Woods, M.D. for Wave 8, #45 MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev Pt 1, #46 MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev Pt 2, #47 MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev Pt 3, #48 MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev Pt 4, #49 MEMORANDUM of Law in Support of Motion to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev)(Balefsky, Lee) (Modified on 10/30/2019 to add party filers)(mk). [Transferred from wvsd on 10/30/2019.] |
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Filing 36
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 10/30/2019.]
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Filing 35
ORDER granting the #23 construed Motion to Dismiss; Ethicon, LLC is dismissed with prejudice. Signed by Judge Joseph R. Goodwin on 6/7/2019. (cc: counsel of record; any unrepresented party) (st) [Transferred from wvsd on 10/30/2019.]
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| NOTICE OF DOCKET CORRECTION re: #34 Response to Order to Show Cause by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. ERROR: Image is duplicate of the image attached to entry #33. CORRECTION: Duplicate image removed (mk) [Transferred from wvsd on 10/30/2019.] |
| Filing 34 DUPLICATE IMAGE; SEE ENTRY #33 (Modified on 5/01/2019 to remove image as duplicate of the image attached to the entry #33) (mk) [Transferred from wvsd on 10/30/2019.] |
| Filing 33 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Attachments: #1 Exhibit 1 - List of Cases, #2 Exhibit 2 - Letter)(Gage, William) [Transferred from wvsd on 10/30/2019.] |
| Filing 32 RESPONSE TO ORDER TO SHOW CAUSE by Patricia Cawthorne, Richard Cawthorne (Balefsky, Lee) [Transferred from wvsd on 10/30/2019.] |
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Filing 31
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 10/30/2019.]
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Filing 30
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 10/30/2019.]
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| Filing 29 RESPONSE by Patricia Cawthorne, Richard Cawthorne in opposition to #26 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Attachment: #1 Proposed Order)(Balefsky, Lee) [Transferred from wvsd on 10/30/2019.] |
| Filing 28 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Richard Cawthorne, Tonya Gissendanner, Brandon Cawthorne, Christina Friend on dates and at times to be determined. (Modak-Truran, Anita) [Transferred from wvsd on 10/30/2019.] |
| Filing 27 MEMORANDUM OF LAW by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in support of #26 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Gage, William) [Transferred from wvsd on 10/30/2019.] |
| Filing 26 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B)(Gage, William) [Transferred from wvsd on 10/30/2019.] |
| Filing 25 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 wvsd on 10/30/2019.] |
| Filing 24 RESPONSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to #23 Notice of Voluntary Dismissal. (Robinson, Susan) [Transferred from wvsd on 10/30/2019.] |
| Filing 23 NOTICE OF VOLUNTARY DISMISSAL With Prejudice by Patricia Cawthorne, Richard Cawthorne pursuant to Rule 41, Federal Rules of Civil Procedure (Balefsky, Lee) [Transferred from wvsd on 10/30/2019.] |
| Filing 21 NOTICE of Subpoena by Ethicon, Inc., Johnson & Johnson re: #20 Second Amended Notice of Video Deposition. (Attachments: #1 Appendix Deposition Protocol, #2 Appendix Schedule A)(Modak-Truran, Anita) [Transferred from wvsd on 10/30/2019.] |
| Filing 20 SECOND AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Paul Plowman on 7/20/2018 at 1:00 p.m. CDT. (Attachment: #1 PTO #38)(Modak-Truran, Anita) [Transferred from wvsd on 10/30/2019.] |
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Filing 22
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) (pma) [Transferred from wvsd on 10/30/2019.]
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| Filing 19 NOTICE of Filing Subpoena by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Schedule A, #2 Deposition Protocol)(Modak-Truran, Anita) (Modified on 6/10/2018 to remove link to #18 notice) (kp). [Transferred from wvsd on 10/30/2019.] |
| Filing 18 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Paul Plowman on 6/25/2018 at 10:00 a.m. (Attachment: #1 PTO #38)(Modak-Truran, Anita) [Transferred from wvsd on 10/30/2019.] |
| Filing 17 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for First Set of Interrogatories, Requests for Admission and Requests for Production. (Modak-Truran, Anita) [Transferred from wvsd on 10/30/2019.] |
| Filing 16 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Molly E. Flynn on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Flynn, Molly) [Transferred from wvsd on 10/30/2019.] |
| Filing 15 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Patricia Cawthorne on 4/10/2018 at 9:00 a.m. (Modak-Truran, Anita) [Transferred from wvsd on 10/30/2019.] |
| Filing 14 NOTICE OF APPEARANCE by Jordan N. Walker on behalf of Ethicon, Inc., Johnson & Johnson. (Walker, Jordan) [Transferred from wvsd on 10/30/2019.] |
| Filing 13 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Anita Modak-Truran on behalf of Ethicon, Inc., Johnson & Johnson. (Modak-Truran, Anita) [Transferred from wvsd on 10/30/2019.] |
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Filing 12
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 10/30/2019.]
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| Filing 11 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Paul Plowman on 3/28/2018 at 9:00 a.m. (Gage, William) [Transferred from wvsd on 10/30/2019.] |
| Filing 10 AMENDED SHORT FORM COMPLAINT filed by Patricia Cawthorne, Richard Cawthorne against Ethicon, Inc., Johnson & Johnson. (Balefsky, Lee) [Transferred from wvsd on 10/30/2019.] |
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Filing 9
ORDER (Dismissing Defendant C. R. Bard, Inc. with Prejudice and Transferring Cases to MDL 2327) granting Motion by Certain Plaintiffs, C. R. Bard, Inc. to Dismiss C. R. Bard, Inc. With Prejudice and Motion by Certain Plaintiffs, C. R. Bard, Inc. TO TRANSFER this member case from MDL 2187 C. R. Bard to MDL 2327 Ethicon. Plaintiffs' counsel is DIRECTED to file the appropriate Amended Short Form Complaints within fourteen days of the date of this Order. Defendant Bard is DISMISSED WITH PREJUDICE as a defendant in the actions listed in Exhibit A, these actions are TRANSFERRED to MDL 2327, and the Clerk is DIRECTED to disassociate these civil actions as member cases in MDL 2187 and re-associate them with MDL 2327. Signed by Judge Joseph R. Goodwin on 8/9/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2187; Cases Listed on Exhibit A) (kab) [Transferred from wvsd on 10/30/2019.]
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| Filing 8 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 10/30/2019.] |
| 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 wvsd on 10/30/2019.] |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Marc E. Williams on behalf of C. R. Bard, Inc.. (Williams, Marc) [Transferred from wvsd on 10/30/2019.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Richard B. North, Jr on behalf of C. R. Bard, Inc.. (North, Richard) [Transferred from wvsd on 10/30/2019.] |
| Filing 4 WAIVER OF SERVICE EXECUTED. Waiver signed by Richard B. North, Jr. on 4/5/2013. C. R. Bard, Inc. waiver mailed on 4/4/2013, answer due 6/3/2013. (North, Richard) [Transferred from wvsd on 10/30/2019.] |
| Filing 3 TRANSMITTED PRETRIAL ORDER # 72 (FOURTH AMENDED Discovery Scheduling Order for Group 1A Cases) entered on 03/12/2013 in MDL 2187 to attorneys in member case. (jap) [Transferred from wvsd on 10/30/2019.] |
| 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). (gjb) [Transferred from wvsd on 10/30/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2306974. (Attachment: #1 Civil Cover Sheet) (gjb) [Transferred from wvsd on 10/30/2019.] |
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