Smith et al v. Ethicon, Inc. et al
Plaintiff: Gary Smith and Barbara Smith
Defendant: Ethicon Inc, Johnson & Johnson and Ethicon, LLC
Case Number: 3:2020cv00851
Filed: May 29, 2020
Court: US District Court for the District of Oregon
Presiding Judge: John V Acosta
Nature of Suit: Personal Inj. Product Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 2, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 29, 2020 Opinion or Order Filing 97 Case transferred in from District of West Virginia Southern; Case Number 2:12-cv-04791. Electronic file received.
May 27, 2020 Opinion or Order Filing 96 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF 1069 Pretrial Order #100 (Plaintiffs' Motion for a Finding of Spoliation and for Sanctions))(Lowther, John) (Modified on 5/28/2020 to add party filers) (mkw). [Transferred from West Virginia Southern on 5/29/2020.]
May 27, 2020 Opinion or Order Filing 95 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF 2664 - Memorandum Opinion and Order re Peggy Pence, Ph.D., #2 Exhibit MDL ECF 3510 - Order Adopting Memorandum Opinion and Order re Peggy Pence, Ph.D., #3 Exhibit MDL ECF 4180 - Order Adopting Memorandum Opinion and Order re Peggy Pence, Ph.D., #4 Exhibit MDL ECF 6299 - Order Adopting Memorandum Opinion and Order re Peggy Pence, Ph.D., #5 Exhibit MDL ECF 6494 - Order Adopting Memorandum Opinion and Order re Peggy Pence, Ph.D., #6 Exhibit MDL ECF 6535 - Order Adopting Memorandum Opinion and Order re Peggy Pence, Ph.D., #7 Exhibit MDL ECF 2701 - Memorandum Opinion and Order re Brian J. Flynn, M.D., #8 Exhibit MDL ECF 3523 - Order Adopting Memorandum Opinion and Order re Brian J. Flynn, M.D., #9 Exhibit MDL ECF 2703 - Memorandum Opinion and Order re Douglas Grier, M.D., #10 Exhibit MDL ECF 3309 - Order Adopting Memorandum Opinion and Order re Douglas Grier, M.D., #11 Exhibit MDL ECF 4160 - Order Adopting Memorandum Opinion and Order re Douglas Grier, M.D., #12 Exhibit MDL ECF 6247 - Order Adopting Memorandum Opinion and Order re Douglas Grier, M.D., #13 Exhibit MDL ECF 2724 - Memorandum Opinion and Order re Steven MacLean, Ph.D., #14 Exhibit MDL ECF 3517 - Order Adopting Memorandum Opinion and Order re Steven MacLean, Ph.D., #15 Exhibit MDL ECF 6313 - Order Adopting Memorandum Opinion and Order re Steven MacLean, Ph.D., #16 Exhibit MDL ECF 2650 - Memorandum Opinion and Order re Christina Pramudji, M.D., #17 Exhibit MDL ECF 3508 - Order Adopting Memorandum Opinion and Order re Christina Pramudji, M.D., #18 Exhibit MDL ECF 9119 - Order Striking Defendants Experts In Excess Of Five, #19 Exhibit MDL ECF 9120 - Order Striking Defendants Experts In Excess Of Five)(Lowther, John) (Modified on 5/28/2020 to add party filers) (mkw). [Transferred from West Virginia Southern on 5/29/2020.]
May 27, 2020 Opinion or Order Filing 94 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF 274 - Pretrial Order #65 (Amended Order Regarding Delayed Filing and Application to the Statute of Limitations), #2 Exhibit MDL ECF 842 - Pretrial Order #72 (Order Amending PTO #65 to Require Copies of Complaints Filed Under Delayed Filing Agreements), #3 Exhibit MDL ECF 1001 - Pretrial Order #91 (Third Amended Order Regarding Delayed Filing and Application to the Statute of Limitations), #4 Exhibit MDL ECF 2667- Memorandum Opinion and Order re Jerry Blaivas, M.D., #5 Exhibit MDL ECF 3565 - Order Adopting Memorandum Opinion and Order re Jerry Blaivas, M.D., #6 Exhibit MDL ECF 4197 - Order Adopting Memorandum Opinion and Order re Jerry Blaivas, M.D., #7 Exhibit MDL ECF 5157 - Order Adopting Memorandum Opinion and Order re Jerry Blaivas, M.D., #8 Exhibit MDL ECF 2666 - Memorandum Opinion and Order re Daniel Elliott, M.D., #9 Exhibit MDL ECF 4152 - Order Adopting Memorandum Opinion and Order re Daniel Elliott, M.D., #10 Exhibit MDL ECF 6409 - Order Adopting Memorandum Opinion and Order re Daniel Elliott, M.D., #11 Exhibit MDL ECF 6522 - Order Adopting Memorandum Opinion and Order re Daniel Elliott, M.D., #12 Exhibit MDL ECF 6614 - Order Adopting Memorandum Opinion and Order re Daniel Elliott, M.D., #13 Exhibit MDL ECF 2699 - Memorandum Opinion And Order re Howard Jordi, Ph.D., #14 Exhibit MDL ECF 4169 - Memorandum Opinion And Order re Howard Jordi, Ph.D., #15 Exhibit MDL ECF 2642 - Memorandum Opinion And Order re Uwe Klinge, M.D., #16 Exhibit MDL ECF 3525 - Order Adopting Memorandum Opinion and Order re Uwe Klinge, M.D., #17 Exhibit MDL ECF 4172 - Order Adopting Memorandum Opinion and Order re Uwe Klinge, M.D., #18 Exhibit MDL ECF 6398 - Order Adopting Memorandum Opinion and Order re Uwe Klinge, M.D., #19 Exhibit MDL ECF 6413 - Order Adopting Memorandum Opinion and Order re Uwe Klinge, M.D., #20 Exhibit MDL ECF 6458 - Order Adopting Memorandum Opinion and Order re Uwe Klinge, M.D., #21 Exhibit MDL ECF 6517 - Order Adopting Memorandum Opinion and Order re Uwe Klinge, M.D.)(Lowther, John) (Modified on 5/28/2020 to add party filers) (mkw). [Transferred from West Virginia Southern on 5/29/2020.]
May 26, 2020 Opinion or Order Filing 93 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #81 CONTINUED, MDL ECF (2130) - Mot to Exclude Brian Flynn)(Gage, William) (Modified on 5/28/2020 to add party filers) (mkw). [Transferred from West Virginia Southern on 5/29/2020.]
May 26, 2020 Opinion or Order Filing 92 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #81 CONTINUED, MDL ECF (7349) - Plfs Mot to Exclude Edward Stanford, #2 Exhibit MDL ECF (7462) - Defs Resp in Opp to Mot to Exclude Edward Stanford, #3 Exhibit MDL ECF (8530) - Plfs Notice of Adoption of Mot to Exclude Edward Stanford, #4 Exhibit MDL ECF (8630) - Defs Notice of Adoption of Mot to Exclude Edward Stanford)(Gage, William) (Modified on 5/28/2020 to add party filers) (mkw). [Transferred from West Virginia Southern on 5/29/2020.]
May 26, 2020 Opinion or Order Filing 91 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #81 CONTINUED, MDL ECF (2035) - Plfs Mot to Exclude Christina Pramudji, #2 Exhibit MDL ECF (2037) - Plfs' Mem in Support of Mot to Exclude Christina Pramudji, #3 Exhibit MDL ECF (2153) - Defs' Resp to Mot to Exclude Christina Pramudji, #4 Exhibit MDL ECF (2236) - Plfs' Reply to Mot to Exclude Christina Pramudji, #5 Exhibit MDL ECF (2530) - Defs' Resp to Mot to Exclude Christina Pramudji, #6 Exhibit MDL ECF (8501) - Plfs Notice of Adoption of Mot to Exclude Christina Pramudji, #7 Exhibit MDL ECF (8614) - Defs Notice of Adoption of Mot to Exclude Christina Pramudji)(Gage, William) (Modified on 5/28/2020 to add party filers) (mkw). [Transferred from West Virginia Southern on 5/29/2020.]
May 26, 2020 Opinion or Order Filing 90 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #81 CONTINUED, MDL ECF (2205) Part 1 - Plfs Mot to Exclude Steven Maclean, #2 Exhibit MDL ECF (2205) Part 2 - Plfs' Mot to Exclude Steven Maclean, #3 Exhibit MDL ECF (2205) Part 3 - Plfs' Mot to Exclude Steven Maclean, #4 Exhibit MDL ECF (2206) - Plfs' Mem in Support of Plfs' Mot to Exclude Steven Maclean, #5 Exhibit MDL ECF (2287) Part 1 - Defs' Resp to Plfs' Mot to Exclude Steven Maclean, #6 Exhibit MDL ECF (2287) Part 2 - Defs' Resp to Plfs' Mot to Exclude Steven Maclean, #7 Exhibit MDL ECF (2297) - Plfs' Reply to Defs' Resp to Mot to Exclude Steven Maclean, #8 Exhibit MDL ECF (2552) Part 1 - Defs' Resp to Plfs' Mot to Exclude Steven Maclean, #9 Exhibit MDL ECF (2552) Part 2 - Defs' Resp to Plfs' Mot to Exclude Steven Maclean, #10 Exhibit MDL ECF (2552) Part 3 - Defs' Resp to Plfs' Mot to Exclude Steven Maclean, #11 Exhibit MDL ECF (2825) - Plfs' Mot to Exclude Steven Maclean, #12 Exhibit MDL ECF (2826) - Plfs' Mem in Support of Mot to Exclude Steven Maclean, #13 Exhibit MDL ECF (2942) - Defs' Resp to Plfs' Mot to Exclude Steven Maclean, #14 Exhibit MDL ECF (3053) - Plfs' Reply in Support of Mot to Exclude Steven Maclean, #15 Exhibit MDL ECF (8496) - Plfs Notice of Adoption of Mot to Exclude Steven Maclean, #16 Exhibit MDL ECF (8609) - Defs Notice of Adoption of Mot to Exclude Steven Maclean)(Gage, William) (Modified on 5/28/2020 to add party filers) (mkw). [Transferred from West Virginia Southern on 5/29/2020.]
May 26, 2020 Opinion or Order Filing 89 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #81 CONTINUED, MDL ECF (2022) - Plfs Mot to Exclude Douglas Grier, #2 Exhibit MDL ECF (2024) - Plfs Memo in Support of Mot to Exclude Douglas Grier, #3 Exhibit MDL ECF (2179) - Defs Memo in Opp to Mot to Exclude Douglas Grier, #4 Exhibit MDL ECF (2921) - Defs Memo in Opp to Mot to Exclude Douglas Grier, #5 Exhibit MDL ECF (2982) - Plfs Mem in Support of Mot to Exclude Douglas Grier, #6 Exhibit MDL ECF (8488) - Plfs Notice of Adoption of Mot to Exclude Douglas Grier, #7 Exhibit MDL ECF (8628) - Defs Notice of Adoption to Mot to Exclude Douglas Grier)(Gage, William) (Modified on 5/28/2020 to add party filers) (mkw). [Transferred from West Virginia Southern on 5/29/2020.]
May 26, 2020 Opinion or Order Filing 88 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #81 CONTINUED, MDL ECF (2131) - Plfs Mem in Support of Mot to Exclude Brian Flynn, #2 Exhibit MDL ECF (2269) - Defs Resp in Opp to Mot to Exclude Brian Flynn, #3 Exhibit MDL ECF (2280) - Plfs Mem in Support of Mot to Exclude Brian Flynn, #4 Exhibit MDL ECF (2854) - Plfs Mot to Exclude Brian Flynn, #5 Exhibit MDL ECF (2855) - Plfs Mem in Support of Mot to Exclude Brian Flynn, #6 Exhibit MDL ECF (2913) - Defs Resp in Opp to Mot to Exclude Brian Flynn, #7 Exhibit MDL ECF (3048) - Plfs Memo in Support of Mot to Exclude Brian Flynn, #8 Exhibit MDL ECF (8483) - Plfs Notice of Adoption of Mot to Exclude Brian Flynn, #9 Exhibit MDL ECF (8627) - Defs Notice of Adoption of Mot to Exclude Brian Flynn)(Gage, William) (Modified on 5/28/2020 to add party filers) (mkw). [Transferred from West Virginia Southern on 5/29/2020.]
May 26, 2020 Opinion or Order Filing 87 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #81 CONTINUED, MDL ECF (2075) - Defs Mot to Exclude Peggy Pence, #2 Exhibit MDL ECF (2078) - Defs Mem in Support of Mot to Exclude Peggy Pence, #3 Exhibit MDL ECF (2172) - Plfs Resp to Mot to Exclude Peggy Pence, #4 Exhibit MDL ECF (2214) - Defs Resp to Mot to Exclude Peggy Pence, #5 Exhibit MDL ECF (2759) - Defs Mot to Exclude Peggy Pence, #6 Exhibit MDL ECF (2760) - Defs Mem in Support of Mot to Exclude Peggy Pence, #7 Exhibit MDL ECF (2949) - Plfs Resp to Mot to Exclude Peggy Pence, #8 Exhibit MDL ECF (3017) - Defs Reply in Support of Mot to Exclude Peggy Pence, #9 Exhibit MDL ECF (8531) - Defs Notice of Adoption of Mot to Exclude Peggy Pence, #10 Exhibit MDL ECF (8596) - Plfs Notice of Adoption of Mot to Exclude Peggy Pence)(Gage, William) (Modified on 5/28/2020 to add party filers) (mkw). [Transferred from West Virginia Southern on 5/29/2020.]
May 26, 2020 Opinion or Order Filing 86 CONTINUATION TO JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #81 CONTINUED, MDL ECF (2200) - Defs Reply to Mot to Exclude Uwe Klinge, #2 Exhibit MDL ECF (3626) Part 1 - Defs' Mot to Exclude Uwe Klinge, #3 Exhibit MDL ECF (3626) Part 2 - Defs' Mot to Exclude Uwe Klinge, #4 Exhibit MDL ECF (3630) - Defs Mem in Support of Mot to Exclude Uwe Klinge, #5 Exhibit MDL ECF (3767) Part 1 - Plfs' Resp to Defs' Mot to Exclude Uwe Klinge, #6 Exhibit MDL ECF (3767) Part 2 - Plfs' Resp to Defs' Mot to Exclude Uwe Klinge, #7 Exhibit MDL ECF (3767) Part 3 - Plfs' Resp to Defs' Mot to Exclude Uwe Klinge, #8 Exhibit MDL ECF (3767) Part 4 - Plfs' Resp to Defs' Mot to Exclude Uwe Klinge, #9 Exhibit MDL ECF (3855) - Defs Reply in Support of Mot to Exclude Uwe Klinge, #10 Exhibit MDL ECF (8519) - Defs Notice of Adoption of Mot to Exclude Uwe Klinge, #11 Exhibit MDL ECF (8588) - Plfs Notice of Adoption of Resp to Mot to Exclude Uwe Klinge)(Gage, William) (Modified on 5/28/2020 to add party filers) (mkw). [Transferred from West Virginia Southern on 5/29/2020.]
May 26, 2020 Opinion or Order Filing 85 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #81 CONTINUED, MDL ECF (1978) Part 1 - Defs Mot to Exclude Uwe Klinge, #2 Exhibit MDL ECF (1978) Part 2 - Defs Mot to Exclude Uwe Klinge, #3 Exhibit MDL ECF (1978) Part 3 - Defs Mot to Exclude Uwe Klinge, #4 Exhibit MDL ECF (1978) Part 4 - Defs Mot to Exclude Uwe Klinge, #5 Exhibit MDL ECF (1978) Part 5 - Defs Mot to Exclude Uwe Klinge, #6 Exhibit MDL ECF (1978) Part 6 - Defs Mot to Exclude Uwe Klinge, #7 Exhibit MDL ECF (1978) Part 7 - Defs Mot to Exclude Uwe Klinge, #8 Exhibit MDL ECF (1978) Part 8 - Defs Mot to Exclude Uwe Klinge, #9 Exhibit MDL ECF (1978) Part 9 - Defs Mot to Exclude Uwe Klinge, #10 Exhibit MDL ECF (1978) Part 10 - Defs Mot to Exclude Uwe Klinge, #11 Exhibit MDL ECF (1978) Part 11 - Defs Mot to Exclude Uwe Klinge, #12 Exhibit MDL ECF (1978) Part 12 - Defs Mot to Exclude Uwe Klinge, #13 Exhibit MDL ECF (1978) Part 13 - Defs Mot to Exclude Uwe Klinge, #14 Exhibit MDL ECF (1978) Part 14 - Defs Mot to Exclude Uwe Klinge, #15 Exhibit MDL ECF (1978) Part 15 - Defs Mot to Exclude Uwe Klinge, #16 Exhibit MDL ECF (1978) Part 16 - Defs Mot to Exclude Uwe Klinge, #17 Exhibit MDL ECF (1978) Part 17 - Defs Mot to Exclude Uwe Klinge, #18 Exhibit MDL ECF (1978) Part 18 - Defs Mot to Exclude Uwe Klinge, #19 Exhibit MDL ECF (1978) Part 19 - Defs Mot to Exclude Uwe Klinge, #20 Exhibit MDL ECF (1978) Part 20 - Defs Mot to Exclude Uwe Klinge, #21 Exhibit MDL ECF (1978) Part 21 - Defs Mot to Exclude Uwe Klinge, #22 Exhibit MDL ECF (1982) - Defs Mem in Support of Mot to Exclude Uwe Klinge, #23 Exhibit MDL ECF (2188) Part 1 - Plfs Resp to Mot to Limit Uwe Klinge, #24 Exhibit MDL ECF (2188) Part 2 - Plfs Resp to Mot to Limit Uwe Klinge, #25 Exhibit MDL ECF (2188) Part 3 - Plfs Resp to Mot to Limit Uwe Klinge, #26 Exhibit MDL ECF (2188) Part 4 - Plfs Resp to Mot to Limit Uwe Klinge)(Gage, William) (Modified on 5/28/2020 to add party filers) (mkw). [Transferred from West Virginia Southern on 5/29/2020.]
May 26, 2020 Opinion or Order Filing 84 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #81 CONTINUED, MDL ECF (1983) - Defs Mot to Exclude Howard Jordi, #2 Exhibit MDL ECF (1985) - Defs Memo in Support of Mot to Exclude Howard Jordi, #3 Exhibit MDL ECF (2186) - Plfs Opp to Mot to Exclude Howard Jordi, #4 Exhibit MDL ECF (2216) - Defs Reply in Support of Mot to Exclude Howard Jordi, #5 Exhibit MDL ECF (3633) Part 1 - Defs Mot to Exclude Howard Jordi, #6 Exhibit MDL ECF (3633) Part 2 - Defs Mot to Exclude Howard Jordi, #7 Exhibit MDL ECF (3637) - Defs Memo in Support of Mot to Exclude Howard Jordi, #8 Exhibit MDL ECF (3771) - Plfs Resp in Opp to Mot to Exclude Howard Jordi, #9 Exhibit MDL ECF (3836) - Defs Reply In Support of Mot to Exclude Howard Jordi, #10 Exhibit MDL ECF (8525) - Defs Notice of Adoption of Mot to Exclude Howard Jordi, #11 Exhibit MDL ECF (8586) - Plfs Notice of Adoption of Resp to Mot to Exclude Howard Jordi)(Gage, William) (Modified on 5/28/2020 to add party filers) (mkw). [Transferred from West Virginia Southern on 5/29/2020.]
May 26, 2020 Opinion or Order Filing 83 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #81 CONTINUED, MDL ECF (2082) Part 3 - 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 (2085) - Defs Mem in Support of Mot to Exclude Daniel Elliott, #5 Exhibit MDL ECF (2191) - Plfs Amended Resp to Mot to Exclude Daniel Elliott, #6 Exhibit MDL ECF (2215) - Defs Reply in Support of Mot to Exclude Daniel Elliott, #7 Exhibit MDL ECF (2815) - Defs Mem in Support of Mot to Exclude Daniel Elliott, #8 Exhibit MDL ECF (2952) - Plfs Resp to Mot to Exclude Daniel Elliott, #9 Exhibit MDL ECF (8080) Part 1 - Defs' Mot to Exclude Daniel Elliott, #10 Exhibit MDL ECF (8080) Part 2 - Defs' Mot to Exclude Daniel Elliott, #11 Exhibit MDL ECF (8080) Part 3 - Defs' Mot to Exclude Daniel Elliott, #12 Exhibit MDL ECF (8080) Part 4 - Defs' Mot to Exclude Daniel Elliott, #13 Exhibit MDL ECF (8081) - Defs Memo in Support of Mot to Exclude Daniel Elliott, #14 Exhibit MDL ECF (8247) - Plfs Memo in Opp to Mot to Exclude Daniel Elliott, #15 Exhibit MDL ECF (8311) - Defs Reply to Mot to Exclude Daniel Elliott, #16 Exhibit MDL ECF (8312) - Defs Reply to Mot to Exclude Daniel Elliott, #17 Exhibit MDL ECF (8540) - Defs Notice of Adoption of Mot to Exclude Daniel Elliott, #18 Exhibit MDL ECF (8582) - Plfs Notice of Adoption of Resp to Mot to Exclude Daniel Elliott)(Gage, William) (Modified on 5/28/2020 to add party filers) (mkw). [Transferred from West Virginia Southern on 5/29/2020.]
May 26, 2020 Opinion or Order Filing 82 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF (2038) Part 1 - Defs Mot to Exclude Jerry Blaivas, #2 Exhibit MDL ECF (2038) Part 2 - Defs Mot to Exclude Jerry Blaivas, #3 Exhibit MDL ECF (2038) Part 3 - Defs Mot to Exclude Jerry Blaivas, #4 Exhibit MDL ECF (2038) Part 4 - Defs Mot to Exclude Jerry Blaivas, #5 Exhibit MDL ECF (2038) Part 5 - Defs Mot to Exclude Jerry Blaivas, #6 Exhibit MDL ECF (2040) - Defs Mem in Support of Mot to Exclude Jerry Blaivas, #7 Exhibit MDL ECF (2176) Part 1 - Plfs Mem in Opp to Mot to Exclude Jerry Blaivas, #8 Exhibit MDL ECF (2176) Part 2 - Plfs Mem in Opp to Mot to Exclude Jerry Blaivas, #9 Exhibit MDL ECF (2213) - Defs Reply to Mem in Opp to Mot to Exclude Jerry Blaivas, #10 Exhibit MDL ECF (3588) - Defs Mot to Exclude Jerry Blaivas, #11 Exhibit MDL ECF (3589) - Defs Mem in Support of Mot to Exclude Jerry Blaivas, #12 Exhibit MDL ECF (3758) - Plfs Resp in Opp to Mot to Exclude Jerry Blaivas, #13 Exhibit MDL ECF (3840) - Defs Resp Supporting Mot to Exclude Jerry Blaivas, #14 Exhibit MDL ECF (8539) - Defs Notice of Adoption of Memo in Support of Mot to Exclude Jerry Blaivas, #15 Exhibit MDL ECF (8581) - Plfs Notice of Adoption of Resp to Mot to Exclude Jerry Blaivas)(Gage, William) (Modified on 5/28/2020 to add party filers) (mkw). [Transferred from West Virginia Southern on 5/29/2020.]
May 26, 2020 Opinion or Order Filing 81 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 5/28/2020 to add party filers) (mkw). [Transferred from West Virginia Southern on 5/29/2020.]
May 14, 2020 Opinion or Order Filing 80 TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 5/28/2020 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 5/27/2020 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 5/14/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (maw) [Transferred from West Virginia Southern on 5/29/2020.]
May 12, 2020 Opinion or Order Filing 79 ORDER denying #68 MOTION by Barbara Smith, Gary Smith to Strike 62 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment and 64 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Certain Opinions of Daniel Elliott, M.D. Signed by Judge Joseph R. Goodwin on 5/12/2020. (cc: attys; any unrepresented party) (maw) [Transferred from West Virginia Southern on 5/29/2020.]
May 11, 2020 Opinion or Order Filing 78 ORDER Pending in the cases on Exhibit A is Plaintiffs' Motion to Strike Defendant's Non-Retained Experts; the motions are GRANTED to the extent plaintiffs seek an order excluding expert witnesses designated by the Ethicon defendants in excess of five; Plaintiffs' Motions are otherwise DENIED. Signed by Judge Joseph R. Goodwin on 5/11/2020. (cc: counsel of record; any unrepresented party) (MDL 2327; cases on Exhibit A) (st) [Transferred from West Virginia Southern on 5/29/2020.]
May 8, 2020 Opinion or Order Filing 77 ORDER denying #41 MOTION by Barbara Smith, Gary Smith to be Transferred for Trial. Signed by Judge Joseph R. Goodwin on 5/8/2020. (cc: attys; any unrepresented party) (st) [Transferred from West Virginia Southern on 5/29/2020.]
January 10, 2020 Opinion or Order Filing 76 NOTICE of Withdrawal as Counsel by Barbara Smith, Gary Smith. (Cantrell, Christopher) [Transferred from West Virginia Southern on 5/29/2020.]
September 13, 2019 Opinion or Order Filing 75 REPLY by Barbara Smith, Gary Smith to #74 Response In Opposition. (Cantrell, Christopher) [Transferred from West Virginia Southern on 5/29/2020.]
September 6, 2019 Opinion or Order Filing 74 OPPOSITION by Ethicon, Inc., Johnson & Johnson to #68 MOTION by Barbara Smith, Gary Smith to Strike #62 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment and #64 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Certain Opinions of Daniel Elliott, M.D. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gage, William) [Transferred from West Virginia Southern on 5/29/2020.]
September 4, 2019 Opinion or Order Filing 73 REPLY by Ethicon, Inc., Johnson & Johnson to #71 Response In Opposition. (Gage, William) [Transferred from West Virginia Southern on 5/29/2020.]
September 4, 2019 Opinion or Order Filing 72 REPLY by Barbara Smith, Gary Smith to #70 Response In Opposition. (Attachment: #1 Exhibit A)(Lowther, John) [Transferred from West Virginia Southern on 5/29/2020.]
August 28, 2019 Opinion or Order Filing 71 OPPOSITION by Barbara Smith, Gary Smith to #64 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Case Specific Opinions of Dr. Daniel Elliott. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Lowther, John) [Transferred from West Virginia Southern on 5/29/2020.]
August 28, 2019 Opinion or Order Filing 70 OPPOSITION by Ethicon, Inc., Johnson & Johnson to #65 MOTION by Barbara Smith, Gary Smith to Strike Defendant's Designation of Retained and Non-Retained Experts For Violation of Pretrial Order No. 328, #56 Certificate of Service. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Gage, William) [Transferred from West Virginia Southern on 5/29/2020.]
August 28, 2019 Opinion or Order Filing 69 OPPOSITION by Barbara Smith, Gary Smith to #62 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment. (Attachment: #1 Exhibit A)(Lowther, John) (Modified on 8/30/2019 to remove link to #63 memorandum) (mkw). [Transferred from West Virginia Southern on 5/29/2020.]
August 26, 2019 Opinion or Order Filing 68 MOTION by Barbara Smith, Gary Smith to Strike #62 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment and #64 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Certain Opinions of Daniel Elliott, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Lowther, John) (Modified on 8/27/2019 to remove link to #63 memorandum) (mkw). [Transferred from West Virginia Southern on 5/29/2020.]
August 26, 2019 Opinion or Order Filing 67 NOTICE OF ATTORNEY APPEARANCE by John Lowther on behalf of Barbara Smith, Gary Smith. (Lowther, John) [Transferred from West Virginia Southern on 5/29/2020.]
August 23, 2019 Opinion or Order Filing 66 AMENDED NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Daniel Elliott, M.D. on 8/31/2019 at 3:00 p.m. (Gage, William) [Transferred from West Virginia Southern on 5/29/2020.]
August 14, 2019 Opinion or Order Filing 65 MOTION by Barbara Smith, Gary Smith to Strike Defendant's Designation of Retained and Non-Retained Experts For Violation of Pretrial Order No. 328, #56 Certificate of Service. (Attachments: #1 Exhibit A - Retained Experts, #2 Exhibit B - Non-retained Experts Prolift, #3 Exhibit C - Non-retained Experts TVT-O, #4 Exhibit D - Treating Physicians Disclosure)(Cantrell, Christopher) [Transferred from West Virginia Southern on 5/29/2020.]
August 14, 2019 Opinion or Order Filing 64 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Case Specific Opinions of Dr. Daniel Elliott. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Gage, William) [Transferred from West Virginia Southern on 5/29/2020.]
August 13, 2019 Opinion or Order Filing 63 MEMORANDUM by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in support of #62 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment. (Gage, William) [Transferred from West Virginia Southern on 5/29/2020.]
August 13, 2019 Opinion or Order Filing 62 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment. (Attachment: #1 Exhibit A)(Gage, William) [Transferred from West Virginia Southern on 5/29/2020.]
August 2, 2019 Opinion or Order Filing 61 NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Daniel Elliott, M.D. on to be determined at to be determined (Gage, William) [Transferred from West Virginia Southern on 5/29/2020.]
July 26, 2019 Opinion or Order Filing 60 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Placeholder on TBD at TBD (Loveman, Margaret) [Transferred from West Virginia Southern on 5/29/2020.]
July 26, 2019 Opinion or Order Filing 59 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Placeholder on TBD at TBD (Loveman, Margaret) [Transferred from West Virginia Southern on 5/29/2020.]
July 2, 2019 Opinion or Order Filing 58 ORDER granting #57 Notice of Withdrawal of Motion for Protective Order; and denying as moot #55 MOTION by Barbara Smith, Gary Smith for Protective Order. Signed by Magistrate Judge Cheryl A. Eifert on 7/2/2019. (cc: counsel of record; any unrepresented party) (kew) [Transferred from West Virginia Southern on 5/29/2020.]
June 30, 2019 Opinion or Order Filing 57 NOTICE of Withdrawal of Motion for Protective Order by Barbara Smith, Gary Smith re: #55 MOTION by Barbara Smith, Gary Smith for Protective Order. (Cantrell, Christopher) [Transferred from West Virginia Southern on 5/29/2020.]
June 27, 2019 Opinion or Order Filing 56 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Amended Designation and Disclosure of General and Case Specific Expert Witnesses and Defendants Non-Retained Expert Disclosures. (Gage, William) [Transferred from West Virginia Southern on 5/29/2020.]
June 18, 2019 Opinion or Order Filing 55 MOTION by Barbara Smith, Gary Smith for Protective Order. (Attachment: #1Declaration of Chris W. Cantrell in Support of Motion for Protective Order)(Cantrell, Christopher) [Transferred from West Virginia Southern on 5/29/2020.]
June 18, 2019 Opinion or Order MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: #55 MOTION by Barbara Smith, Gary Smith for Protective Order. (mkw) [Transferred from West Virginia Southern on 5/29/2020.]
May 24, 2019 Opinion or Order Filing 54 CERTIFICATE OF SERVICE by Barbara Smith, Gary Smith for Supplemental Designation and Disclosure of General and Case-Specific Expert Witnesses. (Cantrell, Christopher) [Transferred from West Virginia Southern on 5/29/2020.]
May 16, 2019 Opinion or Order Filing 53 NOTICE of Filing Subpoena of Gary Smith by Ethicon, Inc., Johnson & Johnson re: #52 Notice to Take Video Deposition. (Pepke, Amy) [Transferred from West Virginia Southern on 5/29/2020.]
May 16, 2019 Opinion or Order Filing 52 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Gary Smith on 06/18/2019 at 11:00 a.m. PDT (Pepke, Amy) [Transferred from West Virginia Southern on 5/29/2020.]
May 16, 2019 Opinion or Order Filing 51 NOTICE of Filing Subpoena of Barbara L. Smith by Ethicon, Inc., Johnson & Johnson re: #50 Notice to Take Video Deposition. (Pepke, Amy) [Transferred from West Virginia Southern on 5/29/2020.]
May 16, 2019 Opinion or Order Filing 50 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Barbara L. Smith on 06/18/2019 at 9:00 a.m. PDT (Pepke, Amy) [Transferred from West Virginia Southern on 5/29/2020.]
May 16, 2019 Opinion or Order Filing 49 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Amy M. Pepke on behalf of Ethicon, Inc., Johnson & Johnson. (Pepke, Amy) [Transferred from West Virginia Southern on 5/29/2020.]
April 19, 2019 Opinion or Order Filing 48 CERTIFICATE OF SERVICE by Barbara Smith, Gary Smith for Certificate of Service for Plaintiff's Responses and Objections to Defendants First Set of Requests for Production, First Set of Requests for Admission, and First Set of Interrogatories. (Cantrell, Christopher) [Transferred from West Virginia Southern on 5/29/2020.]
March 27, 2019 Opinion or Order Filing 47 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael B. Hewes on behalf of Ethicon, Inc., Johnson & Johnson. (Hewes, Michael) [Transferred from West Virginia Southern on 5/29/2020.]
March 15, 2019 Opinion or Order Filing 46 CERTIFICATE OF SERVICE by Ethicon, Inc. for Ethicon, Inc.'s First Interrogatories, Requests for Admissions and Requests for Production to Plaintiff. (Loveman, Margaret) [Transferred from West Virginia Southern on 5/29/2020.]
March 2, 2019 Opinion or Order Filing 45 NOTICE OF ATTORNEY APPEARANCE by Margaret H. Loveman on behalf of Ethicon, Inc., Johnson & Johnson. (Loveman, Margaret) [Transferred from West Virginia Southern on 5/29/2020.]
February 4, 2019 Opinion or Order Filing 44 PRETRIAL ORDER # 328 (Docket Control Order - Ethicon, Inc. Wave 11 Cases) The cases on Exhibit A are: 1. removed from the pending inactive docket; and 2. placed on the active docket. As to the cases on Exhibits A and B: 1. The cases are no longer eligible for return to the inactive docket nor may notices of settlement be filed to relieve the parties from scheduling deadlines; 2. To the extent other defendants, in addition to Ethicon, Inc. and Johnson & Johnson, are named in the cases on Exhibits A and B, the deadlines below also apply to them; 3. The Clerk will file this Docket Control Order in the main MDL and, as of the time of that filing in the main MDL, every case listed on Exhibits A and B (hereinafter referred to as "Wave 11 cases") becomes subject to the deadlines in this Docket Control Order.; and 4. The following deadlines immediately apply in all Ethicon Wave 11 cases with one important exception. If any of the cases on any exhibit were previously on a docket control order and dispositive and Daubert deadlines had passed before such cases became inactive, the parties may not file or refile dispositive or Daubert motions without first seeking leave of court for good cause shown. A. SCHEDULING DEADLINES.. The following deadlines shall apply in all Ethicon Wave 11 cases: Plaintiff Fact Sheets due 02/15/2019; Defendant Fact Sheets due 02/22/2019; Deadline for written discovery requests due 03/25/2019; Expert disclosures served by plaintiffs due 05/24/2019; Expert disclosure served by defendants due 06/24/2019; Expert disclosure served for rebuttal due 07/01/2019; Deposition deadline and close of discovery due 08/01/2019; Filing of dispositive motions due 08/14/2019; Response to dispositive motions due 08/28/2019; Reply to response to dispositive motions due 09/04/2019; Filing of Daubert motions due 08/14/2019; Responses to Daubert motions due 08/29/2019; Reply to response to Daubert motions due 09/05/2019. B. MOTION PRACTICE. 3. Confidential Documents. Any consolidated motion to seal is due on or before 6/27/2019, and any response is due by 7/11/2019. Any reply is due by 7/18/2019. The court expects full compliance with Local Rule of Civil Procedure 26.4(c). C. CASES READY FOR TRANSFER, REMAND OR TRIAL 1. Venue Recommendations. By no later than 7/8/2019, 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 7/15/2019. Signed by Judge Joseph R. Goodwin on 2/4/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 11 cases identified on Exhibits A and B) (st) (ADI) [Transferred from West Virginia Southern on 5/29/2020.]
October 2, 2018 Opinion or Order Filing 43 REPLY by Barbara Smith, Gary Smith to #42 Response In Opposition. (Attachments: #1 Affidavit Declaration of Chris W. Cantrell In Support of Reply)(Cantrell, Christopher) [Transferred from West Virginia Southern on 5/29/2020.]
September 25, 2018 Opinion or Order Filing 42 OPPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to #41 MOTION by Barbara Smith, Gary Smith to be Transferred for Trial (Gage, William) [Transferred from West Virginia Southern on 5/29/2020.]
September 12, 2018 Opinion or Order Filing 41 MOTION by Barbara Smith, Gary Smith to be Transferred for Trial (Cantrell, Christopher) [Transferred from West Virginia Southern on 5/29/2020.]
July 25, 2018 Opinion or Order Filing 40 ORDER granting #38 Motion to Reinstate; the Clerk is DIRECTED to remove the inactive docket flag and reinstate this case to the active docket. Signed by Judge Joseph R. Goodwin on 7/25/2018. (cc: counsel of record; any unrepresented party) (st) [Transferred from West Virginia Southern on 5/29/2020.]
May 7, 2018 Opinion or Order Filing 39 ORDER (CHANGE TO CHARACTERIZATION BY CLERK'S OFFICE OF CASES ON INACTIVE DOCKET) It is directed that in all cases with an inactive docket order which resulted in "Closed" and "MDL Ethicon Inactive" flags on the docket sheet, the Clerk is directed to update the docket by removing the "Closed" flag from the docket sheet and leaving the "MDL Ethicon Inactive" flag, for reasons set forth herein. Signed by Judge Joseph R. Goodwin on 4/26/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Member Cases Flagged "Closed" and "MDL Ethicon Inactive") (brn) (ADI) [Transferred from West Virginia Southern on 5/29/2020.]
May 4, 2018 Opinion or Order Filing 38 MOTION by Barbara Smith, Gary Smith to Move Case to Active Docket (Attachment: #1 Affidavit Declaration of Barbara Smith)(Cantrell, Christopher) [Transferred from West Virginia Southern on 5/29/2020.]
March 26, 2018 Opinion or Order Filing 37 ORDER The deadline to submit joint motions of dismissal is extended to 8/31/2018 for all cases in MDL 2327 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2327 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 3/16/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on inactive docket) (brn) (ADI) [Transferred from West Virginia Southern on 5/29/2020.]
October 19, 2017 Opinion or Order Filing 36 ORDER The deadline to submit joint motions of dismissal is extended to 3/31/2018 for all cases in MDL 2327 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2327 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 10/19/2017. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on inactive docket) (crg) [Transferred from West Virginia Southern on 5/29/2020.]
September 26, 2017 Opinion or Order Filing 35 INACTIVE DOCKET ORDER: The court has been advised that the plaintiff(s) and Ethicon, Inc. have reached a settlement with regard to Ethicon. All discovery deadlines are continued until further order of the court. The Clerk is directed to retire this case from the active docket. Plaintiff(s) and Ethicon may submit an agreed order of dismissal with prejudice on or before 10/31/2017; if settlements are not finalized and dismissal orders are not submitted by then the Court will have a hearing to determine the appropriate action pertaining to any remaining cases on the inactive docket. Counsel for plaintiffs and defendant(s) are directed to provide quarterly reports as to their progress in dismissing cases on the inactive docket. The court will reinstate the case to the active docket if one of the parties shows good cause for such reinstatement. This Order is related to the Proposed Inactive Docket Order filed at ECF No. 4420 in MDL Case No. 2327 Ethicon. Signed by Judge Joseph R. Goodwin on 9/26/2017. (cc: attys; any unrepresented party) (kp) (ADI) [Transferred from West Virginia Southern on 5/29/2020.]
September 13, 2017 Opinion or Order Filing 34 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) (rec) [Transferred from West Virginia Southern on 5/29/2020.]
May 11, 2017 Opinion or Order Filing 33 PRETRIAL ORDER # 254 (Re: Order Dismissing Ethicon, LLC in Cases Listed on Exhibit A) re: the Motion by All Plaintiffs to Amend First Amended Master Long Form Complaint and Jury Demand and Short Form Complaint filed in MDL 2327. It is ORDERED that Ethicon, LLC is dismissed without prejudice from each case identified on Exhibit A. Signed by Judge Joseph R. Goodwin on 5/11/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2327; Cases Listed on Exhibit A) (mek) [Transferred from West Virginia Southern on 5/29/2020.]
February 17, 2017 Opinion or Order Filing 32 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Non-Retained Expert Disclosures (Moldoveanu, Susanna) [Transferred from West Virginia Southern on 5/29/2020.]
February 1, 2017 Opinion or Order Filing 31 AMENDED NOTICE OF INDEPENDENT MEDICAL EXAMINATION by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Exhibit A, #2 Exhibit B)(Graff, Melissa) [Transferred from West Virginia Southern on 5/29/2020.]
January 31, 2017 Opinion or Order Filing 30 CERTIFICATE OF SERVICE by Barbara Smith for Plaintiff's First Set of Interrogatories, Requests for Production and Requests for Admission to Defendant Ethicon, Inc. (Cantrell, Christopher) [Transferred from West Virginia Southern on 5/29/2020.]
January 31, 2017 Opinion or Order Filing 29 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Defendants' First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiffs. (Flynn, Molly) [Transferred from West Virginia Southern on 5/29/2020.]
January 30, 2017 Opinion or Order Filing 28 NOTICE OF INDEPENDENT MEDICAL EXAMINATION by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Exhibit A, #2 Exhibit B)(Graff, Melissa) [Transferred from West Virginia Southern on 5/29/2020.]
January 27, 2017 Opinion or Order Filing 27 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Michelle Ritter on March 1, 2017 at 1:00pm (Graff, Melissa) [Transferred from West Virginia Southern on 5/29/2020.]
January 17, 2017 Opinion or Order Filing 26 CERTIFICATE OF SERVICE by Barbara Smith for Plaintiff's Designation and Disclosure of General and Case-Specific Expert Witnesses. (Cantrell, Christopher) [Transferred from West Virginia Southern on 5/29/2020.]
January 12, 2017 Opinion or Order Filing 25 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Peter Zenthoefer on January 31, 2017 at 9:00 a.m. (Graff, Melissa) [Transferred from West Virginia Southern on 5/29/2020.]
January 10, 2017 Opinion or Order Filing 24 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Amanda Clark on February 28, 2017 at 9:00 a.m. (Graff, Melissa) [Transferred from West Virginia Southern on 5/29/2020.]
December 19, 2016 Opinion or Order Filing 23 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Peter Zenthoefer on Thursday, January 26, 2017 at 9:00am (Graff, Melissa) [Transferred from West Virginia Southern on 5/29/2020.]
November 23, 2016 Opinion or Order Filing 22 CERTIFICATE OF SERVICE filed by Ethicon, Inc., Johnson & Johnson for Defendants' Requests for Production. (Flynn, Molly) [Transferred from West Virginia Southern on 5/29/2020.]
November 16, 2016 Opinion or Order Filing 21 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Barbara Smith on December 15, 2016 at 9:00 a.m. (Graff, Melissa) [Transferred from West Virginia Southern on 5/29/2020.]
November 4, 2016 Opinion or Order Filing 20 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 5/29/2020.]
November 4, 2016 Opinion or Order Filing 19 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Melissa A. Graff on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Graff, Melissa) [Transferred from West Virginia Southern on 5/29/2020.]
October 25, 2016 Opinion or Order Filing 18 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Amanda Clark on 3/1/2017 at 9:00 a.m. (Attachments: #1 Exhibit(s) A)(Jones, Christy) [Transferred from West Virginia Southern on 5/29/2020.]
October 25, 2016 Opinion or Order Filing 17 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Peter Zenthoefer on February 9, 2017 at 9:00 a.m. (Combs, Philip) [Transferred from West Virginia Southern on 5/29/2020.]
October 25, 2016 Opinion or Order Filing 16 PRETRIAL ORDER # 243 (Docket Control Order - Wave 4 Cases) The cases identified on Exhibit A will be known as the Ethicon Wave 4 cases and the following deadlines apply: Plaintiff Fact Sheets due by 11/28/2016; Defendant Fact Sheets due by 12/28/2016; Deadline for written discovery requests due by 01/31/2017; Expert disclosure by plaintiffs due by 01/17/2017; Expert disclosure by defendants due by 02/15/2017; Expert disclosure for rebuttal purposes due by 03/03/2017; Deposition deadline and close of discovery due by 03/17/2017; Filing of Dispositive Motions due by 04/06/2017; Response to Dispositive Motions due by 04/20/2017; Reply to response to dispositive motions due by 04/27/2017; Filing of Daubert motions due by 04/13/2017; Responses to Daubert motions due by 04/27/2017; Reply to response to Daubert motions due by 05/04/2017, as more fully set forth herein; 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 02/09/2017, any response is due 02/23/2017 and any reply is due 03/02/2017. Venue Recommendations. The parties shall meet and confer concerning the appropriate venue for each of the cases no later than 01/30/2017, and the parties shall submit joint venue recommendations to the court by 02/09/2017. Transfer and Remand. At the conclusion of pre-trial proceedings, the court, pursuant to PTO # 15 and 28 U.S.C. 1404(a), will transfer each directly-filed case to a federal district court of proper venue as defined in 28 U.S.C. 1391. In the alternative, pursuant to PTO # 15 and 28 U.S.C. 1407, cases that were transferred to this court by the MDL panel shall be remanded for further proceedings to the federal district court from which each such case was initially transferred. Trial Settings. If a case is to be tried in the United States District Court for the Southern District of West Virginia, the case shall be deemed trial-ready when discovery is completed and the court rules on the parties pretrial motions. Signed by Judge Joseph R. Goodwin on 10/25/2016. (cc: Clerk of the JPMDL; attys) (REF: MDL 2327; Wave 4 Cases Listed on Exhibit A) (bdr) [Transferred from West Virginia Southern on 5/29/2020.]
January 29, 2016 Opinion or Order Filing 15 ORDER on Motions filed in MDL 2327: denying, as moot, MOTION by Doyle Lowther LLP for Change of Address in MDL No. 2327 and each individual member case in which Doyle Lowther LLP is associated; granting AMENDED MOTION by William J. Doyle II, John Lowther, Christopher W. Cantrell of Doyle Lowther LLP for Change of Address. The Clerk is DIRECTED to update William J. Doyle II, John Lowther, and Chris Cantrell's information, as set forth in the Motion, both on the main master docket and for each individual member case in MDL 2327 with which said attorneys are associated. Signed by Judge Joseph R. Goodwin on 1/29/2016. (cc: attys; any unrepresented party) (kp) [Transferred from West Virginia Southern on 5/29/2020.]
May 5, 2014 Opinion or Order Filing 14 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) (all) [Transferred from West Virginia Southern on 5/29/2020.]
December 26, 2012 Opinion or Order Filing 13 AMENDED SHORT FORM COMPLAINT filed by Barbara Smith, Gary Smith against Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Doyle, William) [Transferred from West Virginia Southern on 5/29/2020.]
October 25, 2012 Opinion or Order Filing 12 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 5/29/2020.]
October 19, 2012 Opinion or Order Filing 11 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 5/29/2020.]
October 17, 2012 Opinion or Order Filing 10 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Susan M. Robinson on behalf of Ethicon, Inc., Johnson & Johnson. (Robinson, Susan) [Transferred from West Virginia Southern on 5/29/2020.]
October 17, 2012 Opinion or Order Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Philip J. Combs on behalf of Ethicon, Inc., Johnson & Johnson. (Combs, Philip) [Transferred from West Virginia Southern on 5/29/2020.]
October 17, 2012 Opinion or Order Filing 8 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 5/29/2020.]
October 17, 2012 Opinion or Order Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson. (Thomas, David) [Transferred from West Virginia Southern on 5/29/2020.]
October 10, 2012 Opinion or Order Filing 6 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 5/29/2020.]
September 14, 2012 Opinion or Order Filing 5 SUMMONS RETURNED EXECUTED for Johnson & Johnson, re: #1 Complaint. Johnson & Johnson served on 9/4/2012, answer due 9/25/2012. (Doyle, William) [Transferred from West Virginia Southern on 5/29/2020.]
September 14, 2012 Opinion or Order Filing 4 SUMMONS RETURNED EXECUTED for Ethicon, Inc., re: #1 Complaint. Ethicon, Inc. served on 9/4/2012, answer due 9/25/2012. (Doyle, William) [Transferred from West Virginia Southern on 5/29/2020.]
August 29, 2012 Opinion or Order Filing 3 TRANSMITTED PRETRIAL ORDER 12 (Master and Short Form Complaint and Master Responsive Pleadings; Direct Filing) entered on 08/22/2012 in MDL 2327 to attorneys in member case. (Attachments: #1 Master Long Form Complaint, #2 Short Form Complaint, #3 Master Answer and Jury Demands, #4 Exhibit A) (klc) [Transferred from West Virginia Southern on 5/29/2020.]
August 29, 2012 Opinion or Order Filing 2 SUMMONS ISSUED by the Clerk on behalf of Gary Smith, Barbara Smith for Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, re: #1 Complaint, returnable 21 days. Original Summons and 2 copies for each defendant returned to plaintiff's counsel for service. (tmh) [Transferred from West Virginia Southern on 5/29/2020.]
August 28, 2012 Opinion or Order Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-1966991. (Attachment: #1 Civil Cover Sheet) (tmh) [Transferred from West Virginia Southern on 5/29/2020.]

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Search for this case: Smith et al v. Ethicon, Inc. et al
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Defendant: Ethicon Inc
Represented By: Melissa A. Merk
Represented By: Susanna Moore Moldoveanu
Represented By: Philip J. Combs
Represented By: Molly E. Flynn
Represented By: William M. Gage
Represented By: David B. Thomas
Represented By: Margaret H. Loveman
Represented By: Susan M. Robinson
Represented By: Kari L. Sutherland
Represented By: Amy M. Pepke
Represented By: Christy D. Jones
Represented By: Laura H. Dixon
Represented By: Michael B. Hewes
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Defendant: Johnson & Johnson
Represented By: Melissa A. Merk
Represented By: Susanna Moore Moldoveanu
Represented By: Philip J. Combs
Represented By: Molly E. Flynn
Represented By: William M. Gage
Represented By: David B. Thomas
Represented By: Margaret H. Loveman
Represented By: Susan M. Robinson
Represented By: Kari L. Sutherland
Represented By: Amy M. Pepke
Represented By: Christy D. Jones
Represented By: Laura H. Dixon
Represented By: Michael B. Hewes
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Defendant: Ethicon, LLC
Represented By: Molly E. Flynn
Represented By: William M. Gage
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Plaintiff: Gary Smith
Represented By: Christopher W Cantrell
Represented By: John Lowther
Represented By: William J. Doyle, II
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Plaintiff: Barbara Smith
Represented By: Christopher W Cantrell
Represented By: John Lowther
Represented By: William J. Doyle, II
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