Baldwin v. Ethicon, Inc. et al
| Sally Virginia Baldwin |
| Ethicon, Inc. and Johnson & Johnson |
| 3:2020cv01903 |
| November 4, 2020 |
| US District Court for the District of Oregon |
| John V Acosta |
| Personal Inj. Product Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 30
Order of Dismissal: Pursuant to the parties' Joint Stipulation of Dismissal #29 , case is dismissed without prejudice with each party to bear their own costs. Ordered by Magistrate Judge John V. Acosta. (pjg)
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| Filing 29 Joint Stipulation of Dismissal Without Prejudice by All Defendants. Filed by All Defendants. (Loftis, Jeanne) |
| Filing 31 Mail Returned - Undeliverable: Order 27 sent to Richard J. Plezia returned as undeliverable. (joha) |
| Filing 28 Mail Returned - Undeliverable: Scheduling Order 24 sent to Richard J. Plezia returned as undeliverable. (joha) |
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Filing 27
ORDER by Judge Acosta: GRANTING Motion for Leave to Appear Pro Hac Vice #26 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-7511195 #26 : Reviewed and Ready for Ruling. (ecp) |
| Filing 26 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-7511195. Filed by All Defendants. (Loftis, Jeanne) |
| Filing 25 Notice of Attorney Substitution:Attorney Jeanne F. Loftis is substituted as counsel of record in place of Attorney William M. Gage and Christopher D. Morris Filed by All Defendants. (Loftis, Jeanne) |
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Filing 24
Scheduling Order by Judge Acosta: The parties are to file a Joint Status Report by 12/1/2020. (pjg)
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| Filing 23 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 #22 . (eo) |
| Filing 22 Case transferred in from District of West Virginia Southern; Case Number 2:17-cv-03705. Electronic file received. |
| Filing 21 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #17 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 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 Timothy Ulatowski, #7 Exhibit MDL ECF (7461) - Notice of Adoption of Defs' Resp to Mot to Exclude Timothy Ulatowski, #8 Exhibit MDL ECF (7467) Notice of Adoption of Pls Reply in Support of Mot to Exclude Timothy Ulatowski)(Gage, William) [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 20 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #17 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 (7298) - Notice of Adoption of Pls' Mot to Exclude Steven Maclean, #16 Exhibit MDL ECF (7406) - Notice of Adoption of Defs' Resp to Mot to Exclude Steven Maclean)(Gage, William) [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 19 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #17 CONTINUED, MDL ECF (2076) - Pls' Mot to Exclude Terri Longacre, #2 Exhibit MDL ECF (2098) - Pls' Mem in Support of Mot to Exclude Terri Longacre, #3 Exhibit MDL ECF (2140) - Defs' Resp to Pls' Mot to Exclude Terri Longacre, #4 Exhibit MDL ECF (2253) - Pls' Mem in Support of Mot to Exclude Terri Longacre, #5 Exhibit MDL ECF (7296) - Notice of Adoption of Pls' Mot to Exclude Terri Longacre, #6 Exhibit MDL ECF (7395) - Notice of Adoption of Defs' Resp to Mot to Exclude Teri Longacre)(Gage, William) [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 18 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #17 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 (7284) - Notice of Adoption of Pls' Mot to Exclude Douglas Grier, #7 Exhibit MDL ECF (7457) - Notice of Adoption of Defs' Resp to Mot to Exclude Douglas Grier)(Gage, William) [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 17 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) [Transferred from West Virginia Southern on 11/4/2020.] |
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Filing 16
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 10/23/2020 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 10/22/2020 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 10/9/2020. (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 15 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Friends and Family Members on dates and at times to be determined. (Gage, William) [Transferred from West Virginia Southern on 11/4/2020.] |
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Filing 14
ORDER Directing that each case on Exhibit A is reinstated to the active docket with the scheduling deadlines in PTO # 298 remaining in place; the Clerk is DIRECTED to remove the Inactive flag in each case listed in Exhibit A. Signed by Judge Joseph R. Goodwin on 10/23/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (kab) [Transferred from West Virginia Southern on 11/4/2020.]
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| Filing 13 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 12 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production. (Morris, Christopher) (Modified on 9/14/2018 to remove party filer)(rmc) [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 11 NOTICE of Issuing Subpoena to Sally Baldwin by Ethicon, Inc., Johnson & Johnson (Morris, Christopher) [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 10 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Sally Virginia Baldwin on 10/01/2018 at 9:00 a.m. (Morris, Christopher) [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christopher D. Morris on behalf of Ethicon, Inc., Johnson & Johnson. (Morris, Christopher) [Transferred from West Virginia Southern on 11/4/2020.] |
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Filing 8
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) (ts) (ADI) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 7
PRETRIAL ORDER # 298 FIRST AMENDED ORDER REGARDING DISPOSITION OF NON-REVISION GYNECARE TVT PRODUCTS CASES This amended order revises certain future deadlines and addresses filing instructions regarding the Ethicon Election Form; the Order has been amended at paragraphs 2-5, paragraph 8(B)-(H), and Exhibit B; however, the remainder of this Order is substantively identical to PTO No. 293; if a plaintiff has already filed her Ethicon Election Form pursuant to the deadlines imposed by PTO No. 293, she is not required to re-file an Election Form; if an Election Form has not been filed it must be filed in each individual member case no later than 7/10/2018. Signed by Judge Joseph R. Goodwin on 5/15/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Cases Listed on the Second Amended Exhibit A) (lca) (ADI) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 6
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") (mek) (ADI) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 5
PRETRIAL ORDER # 293 ORDER REGARDING DISPOSITION OF NON-REVISION GYNECARE TVT PRODUCTS CASES The Motion filed at ECF No. 5313 in MDL 2327 by Ethicon, Inc., Johnson & Johnson for Order Regarding Disposition of Non-Revision Gynecare TVT Products Cases is GRANTED; each Non-Revised Plaintiff identified on the Second Amended Exhibit "A", together with any of her derivative plaintiffs with an existing MDL lawsuit, shall file an election form (Exhibit B to this Order) in each individual case no later than 6/10/2018; the deadlines for discovery and trial preparation procedures are set forth herein. Signed by Judge Joseph R. Goodwin on 4/11/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Cases Listed on the Second Amended Exhibit A) (klc) (ADI) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 4
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) (lca) (ADI) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 3
INACTIVE DOCKET ORDER Having been advised by counsel that in the cases listed on the attached Exhibit A, the plaintiffs and Ethicon, Inc., Johnson & Johnson, and where named, Ethicon, LLC have agreed to a mutual stay of activity. The Court finds it unnecessary to conduct further proceedings or to keep these cases on the active docket and ORDERS as follows: 1) all discovery deadlines are continued until further order of the Court, 2) the Clerk is directed to retire each of the cases listed on the attached Exhibit A from the active docket, 3) any case listed on Exhibit A that has not been dismissed or does not have a motion to reinstate to the active docket filed with the court for consideration by 3/31/2018 will be reinstated to the active docket by order of the court with a shortened Docket Control Order. This Order is linked to the Proposed Inactive Docket Order filed at ECF No. 5045. Signed by Judge Joseph R. Goodwin on 11/21/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (rmc) [Transferred from West Virginia Southern on 11/4/2020.]
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| Filing 2 TRANSMITTED PRETRIAL ORDER # 265 (ORDER RE: QUALIFIED SETTLEMENT FUND - BEASLEY, ALLEN, CROW, METHVIN, PORTIS & MILES, P.C.) entered on 07/19/2017 in MDL 2327 to attorneys in member case. (crg) [Transferred from West Virginia Southern on 11/4/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-5899809. (Attachment: #1 Civil Cover Sheet) (tlg) [Transferred from West Virginia Southern on 11/4/2020.] |
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