Jackson v. Ethicon, Inc. et al
| Gwen Jackson |
| Ethicon Inc and Johnson & Johnson |
| 3:2020cv01902 |
| November 4, 2020 |
| US District Court for the District of Oregon |
| John V Acosta |
| Personal Inj. Product Liability |
| 28:1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 22, 2020. A more recent docket listing may be available from PACER.
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Filing 73
ORDER by Judge Acosta: Pursuant to the parties joint stipulation for dismissal of certain claims #72 , the following claims are dismissed: (1) Count I Negligence, in part (to the extent based on manufacturing defect); (2) Count II - Strict Liability Manufacturing Defect; (3) Count IV Strict Liability Defective product; (4) Count VI Common Law Fraud; (5) Count VII Fraudulent Concealment; (6) Count VIII Constructive Fraud; (7) Count X NIED, in part (to the extent based on manufacturing defect); (8) Count IX Negligent Misrepresentation; (9) Count XI Breach of Express Warranty; (10) Count XII Breach of Implied Warranty; (11) Count XIII Violation of Consumer Protection Laws; (12) Count XIV Gross Negligence, in part (to the extent based on manufacturing defect); and (13) Count XV Unjust Enrichment. The following claims remain pending in this case: (1) Count I Negligence, in part (to the extent not based on manufacturing defect); (2) Count III - Strict liability Failure to Warn; (3) Count V - Strict liability Design Defect; (4) Count X NIED (to the extent not based on manufacturing defect); (5) Count XIV - Gross Negligence, in part (the extent not based on manufacturing defect); (6) Count XVII - Punitive Damages; and (7) Count XVIII - Discovery Rule and Tolling. Ethicon's motion for partial summary judgment #35 is terminated as moot. (pjg)
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| Filing 72 Joint Stipulation for Dismissal of Certain Claims by Ethicon Inc, Johnson & Johnson. Filed by Ethicon Inc, Johnson & Johnson. (Loftis, Jeanne) |
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Filing 71
ORDER by Judge Acosta: GRANTING Motion for Leave to Appear Pro Hac Vice #70 filed by Attorney Pamela L. Ferrell. (pjg)
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| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Pamela L. Ferrell. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7645039 #70 : Reviewed and Ready for Ruling. (ecp) |
| NOTICE OF REGISTRATION REQUIREMENT. Pamela L. Ferrell is required to submit a request to e-file in the District of Oregon via PACER before this motion may be ruled upon or filing privileges granted. For instructions visit #ord.uscourts.gov/prohac. (Related document(s): Motion for Leave to Appear Pro Hac Vice #70 .) (ecp) |
| Filing 70 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Pamela L. Ferrell. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7645039. Filed by All Defendants. (Loftis, Jeanne) |
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Filing 69
Order by Judge Acosta: The Court has reviewed the parties' Joint Status Report 60 and sets the following deadlines: (1) Parties are to submit their stipulated dismissal of the Plaintiff's claims as represented in the Joint Status Report by 12/21/2021; (2) Supplementation of all discovery and the deposition of Dr. Denman are to be completed by 2/5/2021; (3) Defendant's' renewed Motion for Partial Summary Judgment #35 is taken under advisement as of 3/1/2021. (4) The Court defers ruling on all Daubert motions to the trial judge. (pjg)
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| Filing 68 Joint Status Report . Filed by All Defendants. (Attachments: #1 Exhibit) (Lenkowsky, Diane) |
| Filing 67 Notice of Appearance of Pedro Peter de la Cerda appearing on behalf of Gwen Jackson Filed by on behalf of Gwen Jackson. (de la Cerda, Pedro) |
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Filing 66
ORDER by Judge Acosta: GRANTING the following motions: Motion for Leave to Appear Pro Hac Vice filed by Attorney Yvette Diaz #61 ; Motion for Leave to Appear Pro Hac Vice filed by Attorney Richard A. Freese #62 ; Motion for Leave to Appear Pro Hac Vice filed by Attorney Tim K. Goss #63 ; Motion for Leave to Appear Pro Hac Vice filed by Attorney David P. Matthews #64 ; and Motion for Leave to Appear Pro Hac Vice filed by Attorney Kevin Edwards #65 . (pjg)
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| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Kevin Edwards. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7540821 #65 : Reviewed and Ready for Ruling. (ecp) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney David P. Matthews. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7540813 #64 : Reviewed and Ready for Ruling. (ecp) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Tim K. Goss. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7540808 #63 : Reviewed and Ready for Ruling. (ecp) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Richard A. Freese. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7540782 #62 : Reviewed and Ready for Ruling. (ecp) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Yvette Diaz. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7540736 #61 : Reviewed and Ready for Ruling. (ecp) |
| Filing 65 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Kevin Edwards. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7540821. Filed by All Plaintiffs. (Dunbar, John) |
| Filing 64 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney David P. Matthews. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7540813. Filed by All Plaintiffs. (Dunbar, John) |
| Filing 63 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Tim K. Goss. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7540808. Filed by All Plaintiffs. (Dunbar, John) |
| Filing 62 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Richard A. Freese. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7540782. Filed by All Plaintiffs. (Dunbar, John) |
| Filing 61 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Yvette Diaz. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7540736. Filed by All Plaintiffs. (Dunbar, John) |
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Filing 60
ORDER by Judge Acosta: GRANTING Motion for Leave to Appear Pro Hac Vice #58 filed by Attorney Pedro "Peter" de la Cerda. (pjg)
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| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Pedro "Peter" de la Cerda. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7513149 #58 : Reviewed and Ready for Ruling. (ecp) |
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Filing 59
ORDER by Judge Acosta: GRANTING Motion for Leave to Appear Pro Hac Vice #56 filed by Attorney Anita Modak-Truran. (pjg)
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| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Anita Modak-Truran. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7511485 #56 : Reviewed and Ready for Ruling. (ecp) |
| Filing 58 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Pedro "Peter" de la Cerda. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7513149. Filed by All Plaintiffs. (Dunbar, John) |
| Filing 57 Notice of Appearance of John J. Dunbar appearing on behalf of All Plaintiffs Filed by on behalf of All Plaintiffs. (Dunbar, John) |
| Filing 56 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Anita Modak-Truran. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7511485. Filed by All Defendants. (Loftis, Jeanne) |
| Filing 55 Notice of Attorney Substitution:Attorney Jeanne F. Loftis is substituted as counsel of record in place of Attorney Susan M. Robinson; Kari L. Sutherland; David B. Thomas; William M. Gage and Christy D. Jones Filed by All Defendants. (Loftis, Jeanne) |
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Filing 54
Scheduling Order by Judge Acosta: The parties are to file a Joint Status Report by 12/1/2020. (pjg)
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| Filing 53 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 #52 . (eo) |
| Filing 52 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-21595. Electronic file received. |
| Filing 51 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #42 CONTINUED, MDL ECF (2205) Part 1 - Pls' Mot to Exclude Steven MacLean, #2 Exhibit MDL ECF (2205) Part 2 - Pls' Mot to Exclude Steven MacLean, #3 Exhibit MDL ECF (2205) Part 3 - Pls' Mot to Exclude Steven MacLean, #4 Exhibit MDL ECF (2206) - Pls' Mem in Support of Mot to Exclude Steven MacLean, #5 Exhibit MDL ECF (2287) Part 1 - Defs' Resp to Pls' Mot to Exclude Steven MacLean, #6 Exhibit MDL ECF (2287) Part 2 - Defs' Resp to Pls' Mot to Exclude Steven MacLean, #7 Exhibit MDL ECF (2297) - Pls' Reply in Support of Mot to Exclude Steven MacLean, #8 Exhibit MDL ECF (2552) Part 1 - Defs' Resp to Pls' Mot to Exclude Steven MacLean, #9 Exhibit MDL ECF (2552) Part 2 - Defs' Resp to Pls' Mot to Exclude Steven MacLean, #10 Exhibit MDL ECF (2552) Part 3 - Defs' Resp to Pls' Mot to Exclude Steven MacLean, #11 Exhibit MDL ECF (2825) - Pls' Mot to Exclude Steven MacLean, #12 Exhibit MDL ECF (2826) - Pls' Mem in Support of Mot to Exclude Steven MacLean, #13 Exhibit MDL ECF (2942) - Defs' Resp to Pls' Mot to Exclude Steven MacLean, #14 Exhibit MDL ECF (3053) - Pls' Reply in Support of Mot to Exclude Steven MacLean, #15 Exhibit MDL ECF (7993) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Steven MacLean, #16 Exhibit MDL ECF (8206) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Steven MacLean)(Robinson, Susan) (Modified on 10/16/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 50 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #42 CONTINUED, MDL ECF (2425) - Pls' Mot to Exclude Peter Rosenblatt, #2 Exhibit MDL ECF (2428) - Pls' Mem in Support of Mot to Exclude Peter Rosenblatt, #3 Exhibit MDL ECF (2535) - Defs' Resp to Pls' Mot to Exclude Peter Rosenblatt, #4 Exhibit MDL ECF (2625) - Pls' Reply in Support of Mot to Exclude Peter Rosenblatt, #5 Exhibit MDL ECF (7997) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Peter Rosenblatt, #6 Exhibit MDL ECF (8220) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Peter Rosenblatt)(Robinson, Susan) (Modified on 10/16/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 49 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #42 CONTINUED, MDL ECF (2060) - Pls' Mot to Exclude Timothy Ulatowski, #2 Exhibit MDL ECF (2065) - Pls' Mem in Support of Mot to Exclude Timothy Ulatowski, #3 Exhibit MDL ECF (2134) - Defs' Resp to Pls' Mot to Exclude Timothy Ulatowski, #4 Exhibit MDL ECF (2232) - Pls' Reply in Support of Mot to Exclude Timothy Ulatowski, #5 Exhibit MDL ECF (2910) - Defs' Supp Resp and Notice of Adoption of Resp Regarding Timothy Ulatowski, #6 Exhibit MDL ECF (7346) - Notice of Adoption of Pls' Mot to Exclude Tim Ulatowski, #7 Exhibit MDL ECF (8041) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Timothy Ulatowski, #8 Exhibit MDL ECF (8191) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Timothy Ulatowski)(Robinson, Susan) (Modified on 10/16/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 48 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #42 CONTINUED, MDL ECF (2022) - Pls' Mot to Exclude Douglas Grier, #2 Exhibit MDL ECF (2024) - Pls' Mem in Support of Mot to Exclude Douglas Grier, #3 Exhibit MDL ECF (2179) - Defs' Resp to Pls' Mot to Exclude Douglas Grier, #4 Exhibit MDL ECF (2921) - Defs' Resp to Pls' Mot to Exclude Douglas Grier, #5 Exhibit MDL ECF (2982) - Pls' Reply in Support of Mot to Exclude Douglas Grier, #6 Exhibit MDL ECF (7987) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Douglas Grier, #7 Exhibit MDL ECF (8229) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Douglas Grier)(Robinson, Susan) (Modified on 10/16/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 47 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #42 CONTINUED, MDL ECF (1977) Part 1 - Defs' Mot to Exclude Scott Guelcher, #2 Exhibit MDL ECF (1977) Part 2 - Defs' Mot to Exclude Scott Guelcher, #3 Exhibit MDL ECF (1977) Part 3 - Defs' Mot to Exclude Scott Guelcher, #4 Exhibit MDL ECF (1981) - Defs' Mem in Support of Mot to Exclude Scott Guelcher, #5 Exhibit MDL ECF (2100) - Defs' Mot to Substitute Amended Exhibit A to Mot to Exclude Scott Guelcher, #6 Exhibit MDL ECF (2164) - Pls' Resp to Defs' Mot to Exclude Scott Guelcher, #7 Exhibit MDL ECF (2210) - Defs' Reply in Support of Mot to Exclude Scott Guelcher, #8 Exhibit MDL ECF (4573) Part 1 - Defs' Mot to Exclude Scott Guelcher, #9 Exhibit MDL ECF (4573) Part 2 - Defs' Mot to Exclude Scott Guelcher, #10 Exhibit MDL ECF (4573) Part 3 - Defs' Mot to Exclude Scott Guelcher, #11 Exhibit MDL ECF (4573) Part 4 - Defs' Mot to Exclude Scott Guelcher, #12 Exhibit MDL ECF (4574) - Defs' Mem in Support of Mot to Exclude Scott Guelcher, #13 Exhibit MDL ECF (4675) Part 1 - Pls' resp to Defs' Mot to Exclude Scott Guelcher, #14 Exhibit MDL ECF (4675) Part 2 - Pls' resp to Defs' Mot to Exclude Scott Guelcher, #15 Exhibit MDL ECF (4692) - Defs' Reply in Support of Mot to Exclude Scott Guelcher, #16 Exhibit MDL ECF (7980) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Scott Guelcher, #17 Exhibit MDL ECF (8142) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Scott Guelcher)(Robinson, Susan) (Modified on 10/16/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 46 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #42 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) - Pls' Resp to Defs' Mot to Exclude Peggy Pence, #4 Exhibit MDL ECF (2214) - Defs' Reply in Support of 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) - Pls' Resp to Defs' Mot to Exclude Peggy Pence, #8 Exhibit MDL ECF (3017) - Defs' Reply in Support of Mot to Exclude Peggy Pence, #9 Exhibit MDL ECF (8053) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Peggy Pence, #10 Exhibit MDL ECF (8156) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Peggy Pence)(Robinson, Susan) (Modified on 10/16/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 45 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #42 CONTINUED, MDL ECF (2029) - Defs' Mot to Exclude Michael Margolis, #2 Exhibit MDL ECF (2031) - Defs' Mem in Support of Mot to Exclude Michael Margolis, #3 Exhibit MDL ECF (2169) - Pls' Resp to Defs' Mot to Exclude Michael Margolis, #4 Exhibit MDL ECF (2212) - Defs' Reply in Support of Mot to Exclude Michael Margolis, #5 Exhibit MDL ECF (2832) - Defs' Supp Mot to Exclude Michael Margolis and Notice of Adoption, #6 Exhibit MDL ECF (2833) - Defs' Mem in Support of Supp Mot to Exclude Michael Margolis and Notice of Adoption, #7 Exhibit MDL ECF (2904) - Pls' Resp to Defs' Supp Mot to Exclude Michael Margolis and Notice of Adoption, #8 Exhibit MDL ECF (8048) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Thomas Margolis, #9 Exhibit MDL ECF (8147) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Michael Margolis)(Robinson, Susan) (Modified on 10/16/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 44 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #42 CONTINUED, MDL ECF (2047) Part 1 - Defs' Mot to Exclude Bruce Rosenzweig, #2 Exhibit MDL ECF (2047) Part 2 - Defs' Mot to Exclude Bruce Rosenzweig, #3 Exhibit MDL ECF (2049) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #4 Exhibit MDL ECF (2163) Part 1 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #5 Exhibit MDL ECF (2163) Part 2 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #6 Exhibit MDL ECF (2163) Part 3 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #7 Exhibit MDL ECF (2241) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #8 Exhibit MDL ECF (2817) - Defs' Mot to Exclude Bruce Rosenzweig, #9 Exhibit MDL ECF (2818) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #10 Exhibit MDL ECF (2931) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #11 Exhibit MDL ECF (3024) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #12 Exhibit MDL ECF (5332) - Defs' Mot to Exclude Bruce Rosenzweig, #13 Exhibit MDL ECF (5333) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #14 Exhibit MDL ECF (5482) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #15 Exhibit MDL ECF (5548) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #16 Exhibit MDL ECF (8062) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Bruce Rosenzweig, #17 Exhibit MDL ECF (8164) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig)(Robinson, Susan) (Modified on 10/16/2020 to add party filer)(mk). [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 43 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #42 CONTINUED, MDL ECF (2082) Part 1 - Defs' Mot to Exclude Daniel Elliott, #2 Exhibit MDL ECF (2082) Part 2 - Defs' Mot to Exclude Daniel Elliott, #3 Exhibit MDL ECF (2082) Part 3 - Defs' Mot to Exclude Daniel Elliott, #4 Exhibit MDL ECF (2085) - Defs' Mem in Support of Mot to Exclude Daniel Elliott, #5 Exhibit MDL ECF (2191) - Pls' Amended Resp to Defs' 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) - Pls' Resp to Defs' 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 (8081) - Defs' Mem in Support of Mot to Exclude Daniel Elliott, #13 Exhibit MDL ECF (8247) - Pls' Resp to Defs' Mot to Exclude Daniel Elliott, #14 Exhibit MDL ECF (8312) - Defs' Reply in Support of Mot to Exclude Daniel Elliott)(Robinson, Susan) (Modified on 10/16/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 42 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)(Robinson, Susan) (Modified on 10/16/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 11/4/2020.] |
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Filing 41
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 10/27/2020 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 10/26/2020 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 10/13/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (kew) [Transferred from West Virginia Southern on 11/4/2020.]
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| Filing 40 REPLY by Ethicon, Inc., Johnson & Johnson to #38 Response In Opposition,. (Robinson, Susan) [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 39 REPLY by Ethicon, Inc., Johnson & Johnson to #37 Response In Opposition. (Robinson, Susan) [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 38 RESPONSE by Gwen Jackson in opposition to #33 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Dr. Michael Thomas Margolis (Attachments: #1 Exhibit A - Margolis Declaration, #2 Exhibit B - Deposition of Dr. Johnson)(Goss, Tim) (Modified on 5/28/2019 to remove link to memorandum in support) (mk). [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 37 RESPONSE by Gwen Jackson in opposition to #35 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Goss, Tim) (Modified on 5/23/2019 to remove link to memorandum in support) (mk). [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 36 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #35 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Robinson, Susan) [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 35 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibits A-B)(Robinson, Susan) [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 34 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #33 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Dr. Michael Thomas Margolis (Robinson, Susan) [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 33 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Dr. Michael Thomas Margolis (Attachments: #1 Exhibits A-C)(Robinson, Susan) [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 32 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Friends and Family on dates and times to be determined (Robinson, Susan) [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 31 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Non-Retained Expert Disclosures. (Gage, William) [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 30 NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Michael Thomas Margolis on 4/14/19 at 9:00 a.m. PDT (Robinson, Susan) [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 29 ACCEPTANCE OF SERVICE for H. Desmond Johnson, MD. (Goss, Tim) [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 28 AMENDED NOTICE OF VIDEO DEPOSITION by Gwen Jackson of H. Desmond Johnson, MD on April 5, 2019 at 9:00am PST (Goss, Tim) [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 27 CERTIFICATE OF SERVICE by Gwen Jackson for Designation and Disclosure of General and Case-Specific Witnesses. (Goss, Tim) [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 26 RETURN OF SERVICE ON SUBPOENA for H. Desmond Johnson, MD. (Goss, Tim) [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 25 AMENDED NOTICE OF VIDEO DEPOSITION by Gwen Jackson of H. Desmond Johnson, MD on March 22, 2019 at 9:00 A.M. (Pacific Standard Time) (Goss, Tim) [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 24 NOTICE OF APPEARANCE by Peter de la Cerda, Kevin L. Edwards, Yvette Diaz, William F. Blankenship III, Drew Warren, and Courtney Capshaw on behalf of Gwen Jackson. (Goss, Tim) (Modified on 2/19/2019 to list attorneys)(rmc) [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 23 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Gwen Jackson on 02/18/19 at 9:00 a.m. CST (Robinson, Susan) [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 22 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Gwen Jackson on 2/18/19 at 9:00 a.m. (MST) (Robinson, Susan) [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 21 CERTIFICATE OF SERVICE by Ethicon, Inc. for Second Set of Interrogatories, Requests for Admission and Requests for Production. (Robinson, Susan) [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 20 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production. (Robinson, Susan) [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 19 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production. (Robinson, Susan) [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 18 PLAINTIFF FACT SHEET filed by Gwen Jackson. (Goss, Tim) [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 16 NOTICE OF VIDEO DEPOSITION by Gwen Jackson of H. Desmond Johnson, M.D. on 2/13/2019 at 1:00 p.m. (Goss, Tim) (Modified on 11/15/2018 to convert event to notice to take or amend deposition) (ts). [Transferred from West Virginia Southern on 11/4/2020.] |
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Filing 17
PRETRIAL ORDER # 320 (Docket Control Order - Ethicon, Inc. Wave 10 Cases) The cases on Exhibits 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 becomes subject to the deadlines in this Docket Control Order; and 4.) The following deadlines immediately apply in all Wave 10 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 10 cases: Plaintiff Fact Sheets due 11/15/2018; Defendant Fact Sheets due 11/22/2018; Deadline for written discovery requests due 12/21/2018; Expert disclosures served by plaintiffs due 02/22/2019; Expert disclosure served by defendants due 03/22/2019; Expert disclosure served for rebuttal due 03/29/2019; Deposition deadline and close of discovery due 04/29/2019; Filing of dispositive motions due 05/13/2019; Response to dispositive motions due 05/27/2019; Reply to response to dispositive motions due 06/03/2019; Filing of Daubert motions due 05/13/2019; Responses to Daubert motions due 05/27/2019; Reply to response to Daubert motions due 06/03/2019. B. MOTION PRACTICE. 3.) Confidential Documents. Any consolidated motion to seal is due on or before 03/25/2019, and any response is due by 04/09/2019. Any reply is due by 04/15/2019. The court expects full compliance with Local Civil Rule 26.4(c). C. CASES READY FOR TRANSFER, REMAND OR TRIAL 1.) Venue Recommendations. By no later than 04/06/2019, 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 04/13/2019. Signed by Judge Joseph R. Goodwin on 10/31/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 10 cases identified on Exhibits A and B) (kp) (ADI) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 15
ORDER granting the Motions filed in MDL 2327 by Ethicon, Inc., Johnson & Johnson to Substitute Susan M. Robinson as Counsel in lieu of David B. Thomas, and to Substitute William M. Gage as Counsel in lieu of Christy D. Jones; the Clerk is directed to terminate Christy D. Jones and to substitute William M. Gage as counsel of record, both on the main master docket and for each individual member case in MDL 2327 with which Christy D. Jones is associated, and to terminate David B. Thomas and to substitute Susan M. Robinson as counsel of record, both on the main master docket and for each individual member case in MDL 2327 with which David B. Thomas is associated. Signed by Judge Joseph R. Goodwin on 5/24/2018. (cc: counsel of record; any unrepresented party) (ts) (ADI) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 14
ORDER The deadline to submit joint motions of dismissal is extended to 10/31/2018 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 8/15/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on inactive docket) (kp) (ADI) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 13
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") (kp) (ADI) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 12
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 11/4/2020.]
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Filing 11
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) (brn) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 10
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 7/1/2017; 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. 2901 in MDL Case No. 2327 Ethicon. Signed by Judge Joseph R. Goodwin on 10/24/2016. (cc: attys; any unrepresented party) (kp) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 9
ORDER granting MOTION by Tim K. Goss, Tamara L. Banno, John Harloe, Yvette Diaz and Freese & Goss, PLLC for Change of Address filed in MDL 2327. The Clerk is DIRECTED to update the firm address, as set forth in the Motion, both on the main master docket and for each individual member case in MDL 2327 with which Tim K. Goss, Tamara L. Banno, John Harloe, and Yvette Diaz are associated. Signed by Judge Joseph R. Goodwin on 5/24/2016. (cc: attys; any unrepresented party) (kp) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 8
ORDER: Based on representation of counsel that Laura H. Dixon no longer represents any party in this MDL or any party in any member case, the above-named counsel is terminated where she appears as counsel for any party in this MDL and in any member case. Signed by Judge Joseph R. Goodwin on 5/5/2014. (cc: attys; any unrepresented party) (kw) [Transferred from West Virginia Southern on 11/4/2020.]
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| Filing 7 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 11/4/2020.] |
| 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 11/4/2020.] |
| Filing 5 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 11/4/2020.] |
| Filing 4 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 11/4/2020.] |
| Filing 3 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 11/4/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 61 (Scheduling of Discovery Conferences) entered on 08/12/2013 in MDL 2327 to attorneys in member case. (cbo) [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2597935. (Attachment: #1 Civil Cover Sheet) (ham) [Transferred from West Virginia Southern on 11/4/2020.] |
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