MacLeod et al v. Ethicon, Inc. et al
Michael MacLeod and Renee MacLeod |
Ethicon, Inc., Ethicon, LLC and Johnson & Johnson |
3:2020cv00048 |
January 9, 2020 |
US District Court for the District of Oregon |
John V Acosta |
Personal Inj. Product Liability |
28 U.S.C. § 1332 |
Plaintiff |
Docket Report
This docket was last retrieved on February 28, 2020. A more recent docket listing may be available from PACER.
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Filing 53 Notice of Correction by Clerk regarding #51 Joint Status Report. A Clerical error has been discovered in the case record: The document was missing signatures. The following corrections were made to the record: A corrected PDF has been uploaded and has replaced the incorrect attachment.The Notice of Electronic Filing will be regenerated to all parties. (cw) |
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Filing 51 Joint Status Report . Filed by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O, #16 Exhibit Exhibit P, #17 Exhibit Exhibit Q, #18 Exhibit Exhibit R, #19 Exhibit Exhibit S, #20 Exhibit Exhibit T, #21 Exhibit Exhibit U, #22 Exhibit Exhibit V) (Loftis, Jeanne) (Main Document 51 replaced on 2/28/2020) (cw). |
Filing 50 STIPULATED PARTIAL ORDER OF DISMISSAL - Based on the unopposed stipulation, Plaintiffs' request (ECF No. #49 ) is GRANTED, and the following claims are DISMISSED with prejudice: Counts II, IV, VIII, XI, XII, XIII, and IV. Defendants' Motion for Partial Summary Judgment (ECF No. #24 ) is DENIED as MOOT. IT IS SO ORDERED. DATED this 12th day of February, 2020 by United States Magistrate Judge John V. Acosta. (pjg) |
Filing 49 Stipulation of Dismissal with Prejudice by Michael MacLeod, Renee MacLeod. Filed by Michael MacLeod, Renee MacLeod. (Balefsky, Lee) |
Filing 48 MINUTES of Proceedings: Telephone Status Conference held on 2/5/2020 with Judge Acosta. Plaintiff is to file a stipulation of dismissal with prejudice as to claims subject to the pending Motion to Dismiss #24 by 2/12/2020. Parties are to confer and confine motions to be determined by this Court and identify those previously ruled on. A Joint Status Report of their conferral is to be filed by 2/26/2020. The Court defers setting a pretrial order deadline and a trial date until the parties notify the Court as to whether they consent to proceeding before the magistrate judge assigned to this case. Christopher Gomez present as counsel for plaintiff. Jeanne Loftis, Anita Modak-Truran present as counsel for defendants. Court Reporter: none. (pjg) |
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice . Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6227767 #46 : Reviewed and Ready for Ruling. (Related document(s): Motion for Leave to Appear Pro Hac Vice #46 .) (ecp) |
Filing 46 Motion for Leave to Appear Pro Hac Vice . Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6227767. Filed by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Attachment) (Loftis, Jeanne) |
Filing 45 Notice of Attorney Substitution:Attorneys Jeanne F. Loftis and Leta E. Gorman are substituted as counsel of record in place of Attorney Molly K. Honore and Renee E. Rothauge Filed by Johnson & Johnson, Ethicon, Inc.. (Loftis, Jeanne) Modified on 2/4/2020 to add both substituting attorneys to docket text (jtj). |
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Filing 42 Motion for Leave to Appear Pro Hac Vice for Attorney Lee Balefsky . Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6169893. Filed by All Plaintiffs. (Coletti, John) |
Filing 41 Motion for Leave to Appear Pro Hac Vice for Attorney Christopher A. Gomez . Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6169821. Filed by All Plaintiffs. (Coletti, John) |
Filing 40 Notice of Withdrawal and Substitution of Counsel Filed by Ethicon, Inc., Johnson & Johnson. (Honore, Molly) |
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Filing 38 Notice of Case Assignment: This case is assigned to Magistrate Judge John V. Acosta. (eo) |
Filing 37 NOTICE TO NON-ADMITTED COUNSEL: This case has been transferred to the U.S. District Court for the District of Oregon from the Southern District of West Virginia. 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 #36 .. (eo) |
Filing 36 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-10608. Electronic file received. |
Filing 35 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 2287 Part 1 - Response in Opposition to Motion, #2 Exhibit ECF 2287 Part 2 - Response in Opposition to Motion, #3 Exhibit ECF 2297 - Reply to Response in Opposition, #4 Exhibit ECF 2552 Part 1 - Response in Opposition to Motion to Exclude, #5 Exhibit ECF 2552 Part 2 - Response in Opposition to Motion to Exclude, #6 Exhibit ECF 2552 Part 3 - Response in Opposition to Motion to Exclude, #7 Exhibit ECF 2825 - Motion to Exclude, #8 Exhibit ECF 2826 - Memorandum in Support of Motion, #9 Exhibit ECF 2942 - Response in Opposition to Motion, #10 Exhibit ECF 3053 - Reply in Support of Motion, #11 Exhibit ECF 6824 - Notice of Adoption, #12 Exhibit ECF 6998 - Notice of Adoption, #13 Exhibit ECF 7100 - Notice of Adoption, #14 Exhibit ECF 2060 - Motion to Exclude, #15 Exhibit ECF 2065 - Memorandum in Support of Motion, #16 Exhibit ECF 2134 - Response in Opposition to Motion, #17 Exhibit ECF 2232 - Reply in Support of Motion, #18 Exhibit ECF 2910 - Supplemental Response and Notice of Adoption, #19 Exhibit ECF 6860 - Notice of Adoption, #20 Exhibit ECF 6965 - Notice of Adoption, #21 Exhibit ECF 7143 - Notice of Adoption)(Gage, William) [Transferred from West Virginia Southern on 1/9/2020.] |
Filing 34 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 2818 - Memorandum in Support of Motion, #2 Exhibit ECF 2931 - Memorandum in Opposition to Motion, #3 Exhibit ECF 3024 - Reply in Support of Motion to Exclude Rosenzweig, #4 Exhibit ECF 5332 - Motion to Exclude, #5 Exhibit ECF 5333 - Memorandum in Support of Motion, #6 Exhibit ECF 5482 - Response in Opposition to Motion, #7 Exhibit ECF 5548 - Reply Brief in Support of Motion to Exclude, #8 Exhibit ECF 6852 - Notice of Adoption, #9 Exhibit ECF 6960 - Notice of Adoption, #10 Exhibit ECF 2022 - Motion to Exclude, #11 Exhibit ECF 2024 - Memorandum in Support of Motion, #12 Exhibit ECF 2179 - Memorandum in Opposition to Motion, #13 Exhibit ECF 2921 - Memorandum in Opposition to Motion, #14 Exhibit ECF 2982 - Reply in Support of Motion, #15 Exhibit ECF 6803 - Notice of Adoption, #16 Exhibit ECF 7009 - Notice of Adoption, #17 Exhibit ECF 7095 - Notice of Adoption, #18 Exhibit ECF 2076 - Motion to Exclude, #19 Exhibit ECF 2098 - Memorandum of Law in Support of Motion, #20 Exhibit ECF 2140 - Response in Opposition to Motion to Exclude, #21 Exhibit ECF 2253 - Memorandum of Law in Support of Motion, #22 Exhibit ECF 6820 - Notice of Adoption, #23 Exhibit ECF 6969 - Notice of Adoption, #24 Exhibit ECF 7099 - Notice of Adoption, #25 Exhibit ECF 2205 Part 1 - Motion to Exclude, #26 Exhibit ECF 2205 Part 2 - Motion to Exclude, #27 Exhibit ECF 2205 Part 3 - Motion to Exclude)(Gage, William) [Transferred from West Virginia Southern on 1/9/2020.] |
Filing 33 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 6648 - Notice of Adoption, #2 Exhibit ECF 6833 - Amended Notice of Adoption, #3 Exhibit ECF 6926 - Notice of Adoption, #4 Exhibit ECF 7123 - Notice of Adoption, #5 Exhibit ECF 2759 - Motion to Exclude, #6 Exhibit ECF 2760 - Memorandum in Support of Motion to Exclude, #7 Exhibit ECF 2949 - Response in Opposition to Motion to Exclude, #8 Exhibit ECF 3017 - Reply in Support of Motion to Exclude, #9 Exhibit ECF 6821 - Notice of Adoption, #10 Exhibit ECF 6958 - Notice of Adoption, #11 Exhibit ECF 7177 - Notice of Adoption, #12 Exhibit ECF 2047 Part 1 - Motion to Exclude, #13 Exhibit ECF 2047 Part 2 - Motion to Exclude, #14 Exhibit ECF 2047 Part 3 - Motion to Exclude, #15 Exhibit ECF 2047 Part 4 - Motion to Exclude, #16 Exhibit ECF 2047 Part 5 - Motion to Exclude, #17 Exhibit ECF 2047 Part 6 - Motion to Exclude, #18 Exhibit ECF 2047 Part 7 - Motion to Exclude, #19 Exhibit ECF 2047 Part 8 - Motion to Exclude, #20 Exhibit ECF 2047 Part 9 - Motion to Exclude, #21 Exhibit ECF 2047 Part 10 - Motion to Exclude, #22 Exhibit ECF 2047 Part 11 - Motion to Exclude, #23 Exhibit ECF 2047 Part 12 - Motion to Exclude, #24 Exhibit ECF 2047 Part 13 - Motion to Exclude, #25 Exhibit ECF 2047 Part 14 - Motion to Exclude)(Gage, William) [Transferred from West Virginia Southern on 1/9/2020.] |
Filing 32 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 238 - First Amended Complaint, #2 Exhibit ECF 239 - Ethicon, Inc.'s Answer to Complaint, #3 Exhibit ECF 240 - Ethicon, LLC's Answer to Complaint, #4 Exhibit ECF 241 - Johnson & Johnson's Answer, #5 Exhibit ECF 262 - Short Form Complaint, #6 Exhibit ECF 263 - Amended Complaint, #7 Exhibit ECF 3619 Part 1 - Motion to Exclude, #8 Exhibit ECF 3619 Part 2 - Motion to Exclude, #9 Exhibit ECF 3621 - Memorandum of Law in Support of Motion, #10 Exhibit ECF 3790 Part 1 - Response in Opposition to Motion, #11 Exhibit ECF 3790 Part 2 - Response in Opposition to Motion, #12 Exhibit ECF 3790 Part 3 - Response in Opposition to Motion, #13 Exhibit ECF 3865 - Reply in Support of Motion to Exclude, #14 Exhibit ECF 6874 Part 1 - Motion to Exclude, #15 Exhibit ECF 6874 Part 2 - Motion to Exclude, #16 Exhibit ECF 6874 Part 3 - Motion to Exclude, #17 Exhibit ECF 6875 - Memorandum in Support of Motion, #18 Exhibit ECF 7038 - Notice of Adoption, #19 Exhibit ECF 7045 - Opposition to Motion to Exclude, #20 Exhibit ECF 7085 - Amended Adoption of Daubert Response, #21 Exhibit ECF 7183 - Reply in Support of Motion to Exclude, #22 Exhibit ECF 3626 Part 1 - Motion to Limit Testimony, #23 Exhibit ECF 3626 Part 2 - Motion to Limit Testimony, #24 Exhibit ECF 3630 - Memorandum in Support of Motion, #25 Exhibit ECF 3767 Part 1 - Response in Opposition to Motion to Exclude, #26 Exhibit ECF 3767 Part 2 - Response in Opposition to Motion to Exclude, #27 Exhibit ECF 3767 Part 3 - Response in Opposition to Motion to Exclude, #28 Exhibit ECF 3767 Part 4 - Response in Opposition to Motion to Exclude)(Gage, William) (Modified on 1/1/2020 to add party filers) (mk). [Transferred from West Virginia Southern on 1/9/2020.] |
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Filing 30 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Attachments: #1 Exh 1 - List of Cases, #2 Exh 2 - Letter)(Gage, William) [Transferred from West Virginia Southern on 1/9/2020.] |
Filing 29 RESPONSE TO ORDER TO SHOW CAUSE by Michael MacLeod, Renee MacLeod (Balefsky, Lee) [Transferred from West Virginia Southern on 1/9/2020.] |
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Filing 26 OPPOSITION by Michael MacLeod, Renee MacLeod to #24 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Attachment: #1 Proposed Order)(Balefsky, Lee) [Transferred from West Virginia Southern on 1/9/2020.] |
Filing 25 MEMORANDUM OF LAW by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in support of #24 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Merk, Melissa) [Transferred from West Virginia Southern on 1/9/2020.] |
Filing 24 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Merk, Melissa) [Transferred from West Virginia Southern on 1/9/2020.] |
Filing 23 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Michael MacLeod on October 3, 2018 at 9:00 a.m. (Merk, Melissa) [Transferred from West Virginia Southern on 1/9/2020.] |
Filing 22 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Billy Taylor on October 3, 2018 at 9:00 am (Merk, Melissa) [Transferred from West Virginia Southern on 1/9/2020.] |
Filing 21 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Defendant's Non-Retained Expert Disclosures. (Gage, William) [Transferred from West Virginia Southern on 1/9/2020.] |
Filing 20 RESPONSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson re: #18 Notice of Voluntary Dismissal. (Robinson, Susan) [Transferred from West Virginia Southern on 1/9/2020.] |
Filing 19 RETURN OF SERVICE ON SUBPOENA for Brittany Jo Gerken, MD. (Merk, Melissa) [Transferred from West Virginia Southern on 1/9/2020.] |
Filing 18 NOTICE OF VOLUNTARY DISMISSAL With Prejudice by Michael MacLeod, Renee MacLeod pursuant to Rule 41, Federal Rules of Civil Procedure (Balefsky, Lee) [Transferred from West Virginia Southern on 1/9/2020.] |
Filing 16 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Brittany Jo Gerken, MD on July 12, 2018 at 9:00 a.m. (Merk, Melissa) [Transferred from West Virginia Southern on 1/9/2020.] |
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Filing 15 CERTIFICATE OF SERVICE by Michael MacLeod, Renee MacLeod for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Balefsky, Lee) [Transferred from West Virginia Southern on 1/9/2020.] |
Filing 14 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Brittany Jo Gerken, MD on June 19, 2018 at 8:00 a.m. (Merk, Melissa) [Transferred from West Virginia Southern on 1/9/2020.] |
Filing 13 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 1/9/2020.] |
Filing 12 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 West Virginia Southern on 1/9/2020.] |
Filing 11 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Renee Macleod on April 16, 2018 at 9:00 a.m. (Merk, Melissa) [Transferred from West Virginia Southern on 1/9/2020.] |
Filing 9 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Brittany J. Gerken on 3/28/2018 at 9:00 a.m. (Combs, Philip) [Transferred from West Virginia Southern on 1/9/2020.] |
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Filing 8 PLAINTIFF PROFILE FORM filed by Michael MacLeod, Renee MacLeod. (Balefsky, Lee) [Transferred from West Virginia Southern on 1/9/2020.] |
Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) [Transferred from West Virginia Southern on 1/9/2020.] |
Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) [Transferred from West Virginia Southern on 1/9/2020.] |
Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) [Transferred from West Virginia Southern on 1/9/2020.] |
Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Thomas, David) [Transferred from West Virginia Southern on 1/9/2020.] |
Filing 3 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). (mmw) [Transferred from West Virginia Southern on 1/9/2020.] |
Filing 2 TRANSMITTED PRETRIAL ORDER # 45 (Preservation Order) entered on 04/25/2013 in MDL 2327 to attorneys in member case. (jap) [Transferred from West Virginia Southern on 1/9/2020.] |
Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2401564. (Attachment: #1 Civil Cover Sheet) (mh) [Transferred from West Virginia Southern on 1/9/2020.] |
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