Ouchida v. Ethicon, Inc. et al
| Lorraine Ouchida |
| Ethicon, Inc., Ethicon, LLC and Johnson & Johnson |
| 3:2019cv01742 |
| October 30, 2019 |
| US District Court for the District of Oregon |
| John V Acosta |
| Personal Inj. Product Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 22, 2020. A more recent docket listing may be available from PACER.
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| Filing 50 MINUTES of Proceedings: Telephone Status Conference with Judge Acosta. Parties are to file a Joint Status Report by 4/20/2020. Christopher Gomez present as counsel for plaintiff. Bryana Blessinger present as counsel for defendants. Court Reporter: none. (pjg) |
| Filing 49 Notification of CM/ECF Account for Lee B. Balefsky (Pro Hac Vice admission). Your login is: lbbalefsky. Go to #the CM/ECF login page to set your password. (ecp) |
Filing 48
ORDER: Granting Application for Special Admission Pro Hac Vice of Lee B. Balefsky for Lorraine Ouchida. Application Fee in amount of $300 collected. Receipt No. 0979-6088965 issued. Signed on 11/20/2019 by Magistrate Judge John V. Acosta. (ecp)
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| Filing 47 Motion for Leave to Appear Pro Hac Vice for Attorney Lee B. Balefsky . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-6088965. Filed by Lorraine Ouchida. (Coletti, John) |
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Filing 46
SCHEDULING ORDER by Judge Acosta - At request of the parties, the Court STRIKES the 11/20/19 Telephone Scheduling Conference and SETS a Telephone Status Conference for Friday, December 20, 2019, at 10:00AM, Pacific Time. The conference line call in information previously sent to counsel for the 11/20/19 hearing will be the same number used for this new date and time. (peg)
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| Filing 45 Notice of Withdrawal and Substitution of Counsel. Filed by Ethicon, Inc., Johnson & Johnson. (Honore, Molly) Event Type and Text Corrected to Notice on 11/6/2019 (joha). |
| Filing 44 Clerk's Notice of emailing to all counsel record of Scheduling 43 and Conference Call-in Number. (peg) |
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Filing 43
SCHEDULING ORDER by Judge Acosta - SETTING a Telephone Scheduling Conference for Wednesday, 11/20/2019 at 10:15AM, Pacific Time. The court's conference line call-in information will be sent by separate entry. (peg)
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| Filing 42 Notice of Case Assignment: This case is assigned to Magistrate Judge John V. Acosta. (eo) |
| Filing 41 NOTICE TO NON-ADMITTED COUNSEL: This case has been transferred to the U.S. District Court for the District of Oregon from the District of Southern District of West Virginia (Charleston). Our records indicate that you are not admitted to practice in the District of Oregon. Admissions information is governed by #LR 83, and information about the admissions process is available on the #admissions page of the Court website. Related Document: Case Transferred In - District Transfer #40 . (eo) |
| Filing 40 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-04087. Electronic file received. |
| Filing 39 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF#38 Continued (2287) Part 1, #2 Exhibit ECF#38 Continued (2287) Part 2, #3 Exhibit ECF#38 Continued (2297), #4 Exhibit ECF#38 Continued (2825), #5 Exhibit ECF#38 Continued (2826), #6 Exhibit ECF#38 Continued (2942), #7 Exhibit ECF#38 Continued (3053), #8 Exhibit ECF#38 Continued (6824), #9 Exhibit ECF#38 Continued (6998), #10 Exhibit ECF#38 Continued (7100), #11 Exhibit ECF#38 Continued (2060), #12 Exhibit ECF#38 Continued (2065), #13 Exhibit ECF#38 Continued (2134), #14 Exhibit ECF#38 Continued (2232), #15 Exhibit ECF#38 Continued (2910), #16 Exhibit ECF#38 Continued (6860), #17 Exhibit ECF#38 Continued (6965), #18 Exhibit ECF#38 Continued (7143))(Gage, William) (Modified on 10/28/2019 to add party filer)(slr). [Transferred from West Virginia Southern on 10/30/2019.] |
| Filing 38 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit (238), #2 Exhibit (239), #3 Exhibit (241), #4 Exhibit (262), #5 Exhibit (263), #6 Exhibit (2022), #7 Exhibit (2024), #8 Exhibit (2921), #9 Exhibit (2982), #10 Exhibit (6803), #11 Exhibit (7009), #12 Exhibit (7095), #13 Exhibit (2003), #14 Exhibit (2004), #15 Exhibit (2240), #16 Exhibit (2469), #17 Exhibit (2470), #18 Exhibit (2618), #19 Exhibit (2925), #20 Exhibit (6817), #21 Exhibit (6941), #22 Exhibit (7136), #23 Exhibit (2205) Part 1, #24 Exhibit (2205) Part 2, #25 Exhibit (2205) Part 3)(Gage, William) (Modified on 10/28/2019 to add party filers) (slr). [Transferred from West Virginia Southern on 10/30/2019.] |
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Filing 37
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 West Virginia Southern on 10/30/2019.]
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| Filing 36 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Exhibit 1 - List of Cases, #2 Exhibit 2 - Letter)(Gage, William) (Modified on 4/30/2019 to remove terminated party filer) (mk). [Transferred from West Virginia Southern on 10/30/2019.] |
| Filing 35 RESPONSE TO ORDER TO SHOW CAUSE by Lorraine Ouchida (Balefsky, Lee) [Transferred from West Virginia Southern on 10/30/2019.] |
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Filing 34
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 10/30/2019.]
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Filing 33
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 10/30/2019.]
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| Filing 32 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #31 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Gage, William) [Transferred from West Virginia Southern on 10/30/2019.] |
| Filing 31 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Gage, William) [Transferred from West Virginia Southern on 10/30/2019.] |
| Filing 30 AMENDED NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Lorraine Ouchida on 10/9/2018 at 9:00 a.m. (Morris, Christopher) [Transferred from West Virginia Southern on 10/30/2019.] |
| Filing 29 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christopher D. Morris on behalf of Ethicon, Inc., Johnson & Johnson. (Morris, Christopher) [Transferred from West Virginia Southern on 10/30/2019.] |
| Filing 28 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Lorraine Ouchida on October 1, 2018 at 9:00 AM (Merk, Melissa) [Transferred from West Virginia Southern on 10/30/2019.] |
| Filing 27 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christian Elizabeth Piccolo on behalf of Ethicon, Inc., Johnson & Johnson. (Piccolo, Christian) [Transferred from West Virginia Southern on 10/30/2019.] |
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Filing 26
ORDER denying #22 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss and Supporting Memorandum for Failure to Comply with PTO #303 or Alternatively to Show Cause for Failure to Comply with PTO #303 and Request for Expedited Briefing. Signed by Judge Joseph R. Goodwin on 8/17/2018. (cc: attys; any unrepresented party) (kp) [Transferred from West Virginia Southern on 10/30/2019.]
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| 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 West Virginia Southern on 10/30/2019.] |
| Filing 24 NOTICE of Plaintiffs' Failure to File Response to Defendants' Motion to Dismiss for Failure to Comply with PTO 303 or Alternatively for Plaintiffs to Show Cause for Failure to Comply with PTO 303 by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Appendix A, B & C)(Gage, William) [Transferred from West Virginia Southern on 10/30/2019.] |
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Filing 23
ORDER The #20 Motion to Dismiss is GRANTED and Ethicon, LLC is dismissed with prejudice. Signed by Judge Joseph R. Goodwin on 7/26/2018. (cc: counsel of record; any unrepresented party) (st) [Transferred from West Virginia Southern on 10/30/2019.]
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| Filing 22 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss and Supporting Memorandum for Failure to Comply with PTO #303 or Alternatively to Show Cause for Failure to Comply with PTO #303 and Request for Expedited Briefing (Gage, William) [Transferred from West Virginia Southern on 10/30/2019.] |
| Filing 21 RESPONSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson re: #20 Notice of Voluntary Dismissal. (Robinson, Susan) [Transferred from West Virginia Southern on 10/30/2019.] |
| Filing 20 NOTICE OF VOLUNTARY DISMISSAL With Prejudice by Lorraine Ouchida pursuant to Rule 41, Federal Rules of Civil Procedure (Balefsky, Lee) [Transferred from West Virginia Southern on 10/30/2019.] |
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Filing 18
ORDER The #16 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) (mk) [Transferred from West Virginia Southern on 10/30/2019.]
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| Filing 17 NOTICE of Withdrawal by Ethicon, Inc., Johnson & Johnson re: #16 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss for Failure to Comply With PTO 280. (Gage, William) [Transferred from West Virginia Southern on 10/30/2019.] |
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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) (pma) [Transferred from West Virginia Southern on 10/30/2019.]
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| Filing 16 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 10/30/2019.] |
| Filing 15 CERTIFICATE OF SERVICE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for First Set of Interrogatories, Requests for Admission, and Requests for Production to Plaintiff. (Merk, Melissa) [Transferred from West Virginia Southern on 10/30/2019.] |
| Filing 14 NOTICE OF WITHDRAWAL OF NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson re: #12 Notice of Videotaped Deposition. (Gage, William) [Transferred from West Virginia Southern on 10/30/2019.] |
| Filing 12 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Faye E. Ameredes on 3/20/2018 at 9:00 a.m. (Thomas, David) [Transferred from West Virginia Southern on 10/30/2019.] |
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Filing 13
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 10/30/2019.]
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| Filing 11 PLAINTIFF PROFILE FORM filed by Lorraine Ouchida. (Gomez, Christopher) [Transferred from West Virginia Southern on 10/30/2019.] |
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Filing 10
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) (klc) [Transferred from West Virginia Southern on 10/30/2019.]
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| Filing 9 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 10/30/2019.] |
| Filing 8 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 10/30/2019.] |
| Filing 7 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 10/30/2019.] |
| 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 10/30/2019.] |
| Filing 5 SUMMONS RETURNED EXECUTED by Personal Service for Ethicon, LLC. Ethicon, LLC served on 3/18/2013, answer due 4/8/2013. Summons served on scott lascala. (Balefsky, Lee) [Transferred from West Virginia Southern on 10/30/2019.] |
| 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 10/30/2019.] |
| Filing 3 TRANSMITTED PRETRIAL ORDER # 40 (Plaintiff Fact Sheet) entered on 03/06/2013 in MDL 2327 to attorneys in member case. (Attachment: #1 Plaintiff Fact Sheet) (jap) [Transferred from West Virginia Southern 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). (Attachments: #1 Summons, #2 Summons) (jws) [Transferred from West Virginia Southern on 10/30/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2258358. (Attachment: #1 Civil Cover Sheet) (jws) [Transferred from West Virginia Southern on 10/30/2019.] |
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