Pearson v. Ethicon, Inc. et al
| Phyllis Pearson |
| Ethicon, Inc., Ethicon, LLC and Johnson & Johnson |
| 3:2020cv01905 |
| 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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This docket was last retrieved on September 30, 2021. A more recent docket listing may be available from PACER.
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Filing 66
Mail Returned - Undeliverable: Scheduling, 64 sent to Jacob Plattenberger returned as undeliverable. (rs)
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Filing 65
Mail Returned - Undeliverable: Scheduling, 64 sent to Tor A. Hoerman returned as undeliverable. (rs)
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Filing 64
Order by Judge Acosta: The Court acknowledges receipt of the parties Joint Status Report #63 and sets a fact discovery deadline of 4/5/2021. MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Summary Judgment #30 #32 will be taken under advisement as of 12/10/2020. The Court defers ruling on all Daubert motions to the trial judge. (pjg)
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Filing 63
Joint Status Report . Filed by All Defendants. (Attachments: #1 Exhibit) (Lenkowsky, Diane)
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Filing 62
ORDER by Judge Acosta: GRANTING Motion for Leave to Appear Pro Hac Vice #60 filed by Attorney Steven D. Davis. (pjg)
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Filing 61
Notice of Appearance of Shenoa L. Payne appearing on behalf of Phyllis Pearson Filed by on behalf of Phyllis Pearson. (Payne, Shenoa)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Steven D. Davis. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7555247 #60 : Reviewed and Ready for Ruling. (ecp)
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Filing 60
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Steven D. Davis. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7555247. Filed by Phyllis Pearson. (Davis, Steven)
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Filing 59
ORDER by Judge Acosta: GRANTING Motion for Leave to Appear Pro Hac Vice #58 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-7511362 #58 : Reviewed and Ready for Ruling. (ecp)
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Filing 58
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-7511362. Filed by All Defendants. (Loftis, Jeanne)
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Filing 57
Notice of Attorney Substitution:Attorney Jeanne F. Loftis is substituted as counsel of record in place of Attorney Christy D. Jones; Susan M. Robinson; Rockney Taveau; David B. Thomas; Kasey Mitchell Adams and William M. Gage Filed by All Defendants. (Loftis, Jeanne)
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Filing 56
Scheduling Order by Judge Acosta: The parties are to file a Joint Status Report by 12/1/2020. (pjg)
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Filing 55
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 #54 . (eo)
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Filing 54
Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-03168. Electronic file received.
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Filing 53
JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #42 CONTINUED, MDL ECF (1986) Pls Amended Mot to Exclude Thomas Wright, #2 Exhibit MDL ECF (1988) Pls Amended Mem in Support of Mot to Exclude Thomas Wright, #3 Exhibit MDL ECF (2143) Defs Resp to Pls Mot to Exclude Thomas Wright, #4 Exhibit MDL ECF (2661) Mem Opinion and Order regarding Thomas Wright, #5 Exhibit MDL ECF (3844) Pls Reply to Notice of Adoption of Resp of Thomas Wright, #6 Exhibit MDL ECF (8760) Notice of Adoption of Pls Mot to Exclude Thomas Wright, #7 Exhibit MDL ECF (8840) Notice of Adoption of Defs Resp to Mot to Exclude Thomas Wright)(Gage, William) (Modified on 10/30/2020 to add party filer)(mk). [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 52
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 Mot to Exclude Timothy Ulatowski, #4 Exhibit MDL ECF (2232) Pls Reply in Support of Mot to Exclude Timothy Ulatowski, #5 Exhibit MDL ECF (2649) - Mem Opinion and Order Regarding Timothy Ulatowski, #6 Exhibit MDL ECF (7346) Notice of Adoption of Pls Mot of Timothy Ulatowski, #7 Exhibit MDL ECF (2910) Defs Supp Resp and Notice of Adoption of Resp Regarding Timothy Ulatowski, #8 Exhibit MDL ECF (8755) Notice of Adoption of Pls Mot of Timothy Ulatowski, #9 Exhibit MDL ECF (8822) Notice of Adoption of Defs' Resp Regarding Timothy Ulatowski)(Gage, William) (Modified on 10/30/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 51
JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #42 CONTINUED, MDL ECF (2039) - Pls Mot to Exclude Shelby Thames, #2 Exhibit MDL ECF (2042) Pls Mem in Support of Mot to Exclude Shelby Thames, #3 Exhibit MDL ECF (2187) Defs Resp to Pls Mot to Exclude Shelby Thames, #4 Exhibit MDL ECF (2247) Pls Reply in Support of Mot to Exclude Shelby Thames, #5 Exhibit MDL ECF (2455) Part 1 Pls Mot to Exclude Shelby Thames, #6 Exhibit MDL ECF (2455) Part 2 Pls Mot to Exclude Shelby Thames, #7 Exhibit MDL ECF (2458) Pls Mem in Support of Mot to Exclude Shelby Thames, #8 Exhibit MDL ECF (2553) Part 1 Defs Resp to Pls Mot to Exclude Shelby Thames, #9 Exhibit MDL ECF (2553) Part 2 Defs Resp to Pls Mot to Exclude Shelby Thames, #10 Exhibit MDL ECF (2553) Part 3 Defs Resp to Pls Mot to Exclude Shelby Thames, #11 Exhibit MDL ECF (2621) Pls Reply in Support of Mot to Exclude Shelby Thames, #12 Exhibit MDL ECF (2723) Mem Opinion and Order regarding Shelby Thames, #13 Exhibit MDL ECF (2839) Part 1 Pls Mot to Exclude Shelby Thames, #14 Exhibit MDL ECF (2839) Part 2 Pls Mot to Exclude Shelby Thames, #15 Exhibit MDL ECF (2841) Pls Mem in Support of Mot to Exclude Shelby Thames, #16 Exhibit MDL ECF (2957) Defs Resp to Pls Mot to Exclude Shelby Thames, #17 Exhibit MDL ECF (3037) Pls Reply in Support of Mot to Exclude Shelby Thames, #18 Exhibit MDL ECF (8071) - Pls Mot to Exclude Shelby Thames, #19 Exhibit MDL ECF (8073) Pls Mem in Support of Mot to Exclude Shelby Thames, #20 Exhibit MDL ECF (8791) Notice of Adoption of Pls Mot to Exclude Shelby Thames, #21 Exhibit MDL ECF (8909) Notice of Adoption of Defs Resp to Pls Mot to Exclude Shelby Thames)(Gage, William) (Modified on 10/30/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 50
JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #42 CONTINUED, MDL ECF (7349) Pls Mot to Exclude Edward Stanford, #2 Exhibit MDL ECF (7462) Defs Resp to Pls Mot to Exclude Edward Stanford, #3 Exhibit MDL ECF (8751) Notice of Adoption of Pls Mot to Exclude Edward Stanford, #4 Exhibit MDL ECF (8878) Notice of Adoption of Defs Resp to Pls Mot to Exclude Edward Stanford)(Gage, William) (Modified on 10/30/2020 to add party filer)(mk). [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 49
JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #42 CONTINUED, MDL ECF (8565) Pls Mot to Exclude Bruce S. Kahn, #2 Exhibit MDL ECF (8566) Pls Mem in Support of Mot to Exclude Bruce S. Kahn, #3 Exhibit MDL ECF (8643) Defs Resp to Pls Mot to Exclude Bruce S. Kahn, #4 Exhibit MDL ECF (8660) - Pls Resp to Defs Mot to Exclude Bruce S. Kahn, #5 Exhibit MDL ECF (8723) Notice of Adoption of Pls Mot to Exclude Bruce S. Kahn, #6 Exhibit MDL ECF (8900) Notice of Adoption of Defs Resp to Pls Mot to Exclude Bruce S. Kahn)(Gage, William) (Modified on 10/30/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 48
JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #42 CONTINUED, MDL ECF (5333) Defs Mem in Support of Mot to Exclude Bruce Rosenzweig, #2 Exhibit MDL ECF (5482) - Pls Resp to Defs Mot to Exclude Bruce Rosenzweig, #3 Exhibit MDL ECF (5548) - Defs Reply in Support of Mot to Exclude Bruce Rosenzweig, #4 Exhibit MDL ECF (8776) - Notice of Adoption of Defs Mot to Exclude Bruce Rosenzweig, #5 Exhibit MDL ECF (8858) Notice of Adoption of Pls Resp to Defs Mot to Exclude Bruce Rosenzweig)(Gage, William) (Modified on 10/30/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 47
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 - Def's Mot to Exclude Bruce Rosenzweig, #2 Exhibit MDL ECF (2047) Part 2 - Def's Mot to Exclude Bruce Rosenzweig, #3 Exhibit MDL ECF (2047) Part 3 - Def's Mot to Exclude Bruce Rosenzweig, #4 Exhibit MDL ECF (2047) Part 4 - Def's Mot to Exclude Bruce Rosenzweig, #5 Exhibit MDL ECF (2047) Part 5 - Def's Mot to Exclude Bruce Rosenzweig, #6 Exhibit MDL ECF (2047) Part 6 - Def's Mot to Exclude Bruce Rosenzweig, #7 Exhibit MDL ECF (2047) Part 7 - Def's Mot to Exclude Bruce Rosenzweig, #8 Exhibit MDL ECF (2047) Part 8 - Def's Mot to Exclude Bruce Rosenzweig, #9 Exhibit MDL ECF (2047) Part 9 - Def's Mot to Exclude Bruce Rosenzweig, #10 Exhibit MDL ECF (2047) Part 10 - Def's Mot to Exclude Bruce Rosenzweig, #11 Exhibit MDL ECF (2047) Part 11 - Def's Mot to Exclude Bruce Rosenzweig, #12 Exhibit MDL ECF (2047) Part 12 - Def's Mot to Exclude Bruce Rosenzweig, #13 Exhibit MDL ECF (2047) Part 13 - Def's Mot to Exclude Bruce Rosenzweig, #14 Exhibit MDL ECF (2047) Part 14 - Def's Mot to Exclude Bruce Rosenzweig, #15 Exhibit MDL ECF (2049) Defs Mem in Support of Mot to Exclude Bruce Rosenzweig, #16 Exhibit MDL ECF (2163) Part 1 - Pls Resp to Defs Mot to Exclude Bruce Rosenzweig, #17 Exhibit MDL ECF (2163) Part 2 - Pls Resp to Defs Mot to Exclude Bruce Rosenzweig, #18 Exhibit MDL ECF (2163) Part 3 - Pls Resp to Defs Mot to Exclude Bruce Rosenzweig, #19 Exhibit MDL ECF (2241) - Defs Reply in Support of Mot to Exclude Bruce Rosenzweig, #20 Exhibit MDL ECF (2668) - Mem Opinion and Order Regarding Bruce Rosenzweig, #21 Exhibit MDL ECF (2817) - Def's Mot to Exclude Bruce Rosenzweig, #22 Exhibit MDL ECF (2818) - Def's Mem in Support of Mot to Exclude Bruce Rosenzweig, #23 Exhibit MDL ECF (2931) - Pls Resp to Defs Mot to Exclude Bruce Rosenzweig, #24 Exhibit MDL ECF (3024) - Defs Reply in Support of Mot to Exclude Bruce Rosenzweig, #25 Exhibit MDL ECF (5332) - Def's Mot to Exclude Bruce Rosenzweig)(Gage, William) (Modified on 10/30/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 11/4/2020.]
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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) - Def's Mot to Exclude Peggy Pence, #2 Exhibit MDL ECF (2078) - Def's 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 (2664) - Mem Opinion and Order regarding Peggy Pence, #6 Exhibit MDL ECF (2759) - Def's Mot to Exclude Peggy Pence, #7 Exhibit MDL ECF (2760) - Def's Mem in Support of Mot to Exclude Peggy Pence, #8 Exhibit MDL ECF (2949) - Pls Resp to Defs Mot to Exclude Peggy Pence, #9 Exhibit MDL ECF (3017) - Defs Reply in Support of Mot to Exclude Peggy Pence, #10 Exhibit MDL ECF (8807) Notice of Adoption of Defs Mot to Exclude Peggy Pence, #11 Exhibit MDL ECF (8855) Notice of Adoption of Pls Resp to Defs Mot to Exclude Peggy Pence)(Gage, William) (Modified on 10/30/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 45
JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #42 CONTINUED, MDL ECF (8804) Part 1 Defs Mot to Exclude Vladimir Iakovlev, #2 Exhibit MDL ECF (8804) Part 2 Defs Mot to Exclude Vladimir Iakovlev, #3 Exhibit MDL ECF (8804) Part 3 Defs Mot to Exclude Vladimir Iakovlev, #4 Exhibit MDL ECF (8804) Part 4 Defs Mot to Exclude Vladimir Iakovlev, #5 Exhibit MDL ECF (8804) Part 5 Defs Mot to Exclude Vladimir Iakovlev, #6 Exhibit MDL ECF (8804) Part 6 Defs Mot to Exclude Vladimir Iakovlev, #7 Exhibit MDL ECF (8804) Part 7 Defs Mot to Exclude Vladimir Iakovlev, #8 Exhibit MDL ECF (8804) Part 8 Defs Mot to Exclude Vladimir Iakovlev, #9 Exhibit MDL ECF (8804) Part 9 Defs Mot to Exclude Vladimir Iakovlev, #10 Exhibit MDL ECF (8804) Part 10 Defs Mot to Exclude Vladimir Iakovlev, #11 Exhibit MDL ECF (8805) Defs Mem in Support of Mot to Exclude Vladimir Iakovlev, #12 Exhibit MDL ECF (8829) - Exhs in Support of Mot to Exclude Vladimir Iakovlev, #13 Exhibit MDL ECF (8865) Notice of Adoption of Pls Resp to Defs Mot to Exclude Vladimir Iakovlev)(Gage, William) (Modified on 10/30/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 44
JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #42 CONTINUED, MDL ECF (2066) Part 1 - Def's Mot to Exclude Vladimir Iakovlev, #2 Exhibit MDL ECF (2066) Part 2 - Def's Mot to Exclude Vladimir Iakovlev, #3 Exhibit MDL ECF (2066) Part 3 - Def's Mot to Exclude Vladimir Iakovlev, #4 Exhibit MDL ECF (2066) Part 4 - Def's Mot to Exclude Vladimir Iakovlev, #5 Exhibit MDL ECF (2066) Part 5 - Def's Mot to Exclude Vladimir Iakovlev, #6 Exhibit MDL ECF (2066) Part 6 - Def's Mot to Exclude Vladimir Iakovlev, #7 Exhibit MDL ECF (2070) - Def's Mem in Support of Mot to Exclude Valimir Iakovlev, #8 Exhibit MDL ECF (2185) Part 1 - Pls Resp to Defs Mot to Exclude Vladimir Iakovlev, #9 Exhibit MDL ECF (2185) Part 2 - Pls Resp to Defs Mot to Exclude Vladimir Iakovlev, #10 Exhibit MDL ECF (2185) Part 3 - Pls Resp to Defs Mot to Exclude Vladimir Iakovlev, #11 Exhibit MDL ECF (2185) Part 4 - Pls Resp to Defs Mot to Exclude Vladimir Iakovlev, #12 Exhibit MDL ECF (2185) Part 5 - Pls Resp to Defs Mot to Exclude Vladimir Iakovlev, #13 Exhibit MDL ECF (2185) Part 6 - Pls Resp to Defs Mot to Exclude Vladimir Iakovlev, #14 Exhibit MDL ECF (2185) Part 7 - Pls Resp to Defs Mot to Exclude Vladimir Iakovlev, #15 Exhibit MDL ECF (2185) Part 8 - Pls Resp to Defs Mot to Exclude Vladimir Iakovlev, #16 Exhibit MDL ECF (2185) Part 9 - Pls Resp to Defs Mot to Exclude Vladimir Iakovlev, #17 Exhibit MDL ECF (2185) Part 10 - Pls Resp to Defs Mot to Exclude Vladimir Iakovlev, #18 Exhibit MDL ECF (2185) Part 11 - Pls Resp to Defs Mot to Exclude Vladimir Iakovlev, #19 Exhibit MDL ECF (2185) Part 12 - Pls Resp to Defs Mot to Exclude Vladimir Iakovlev, #20 Exhibit MDL ECF (2185) Part 13 - Pls Resp to Defs Mot to Exclude Vladimir Iakovlev, #21 Exhibit MDL ECF (2185) Part 14 - Pls Resp to Defs Mot to Exclude Vladimir Iakovlev, #22 Exhibit MDL ECF (2185) Part 15 - Pls Resp to Defs Mot to Exclude Vladimir Iakovlev, #23 Exhibit MDL ECF (2251) Defs Reply in Support of Mot to Exclude Vladimir Iakovlev, #24 Exhibit MDL ECF (2710) - Mem Opinion and Order re Vladimir Iakovlev, #25 Exhibit MDL ECF (3790) Part 1 - Pls Resp to Defs Mot to Exclude Vladimir Iakovlev, #26 Exhibit MDL ECF (3790) Part 2 - Pls Resp to Defs Mot to Exclude Vladimir Iakovlev, #27 Exhibit MDL ECF (3790) Part 3 - Pls Resp to Defs Mot to Exclude Vladimir Iakovlev)(Gage, William) (Modified on 10/30/2020 to add party filer)(mk). [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 43
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 Motion to Exclude Scott A. Guelcher, #2 Exhibit MDL ECF (1977) Part 2 Defs Motion to Exclude Scott A. Guelcher, #3 Exhibit MDL ECF (1977) Part 1 Defs Motion to Exclude Scott A. Guelcher, #4 Exhibit MDL ECF (1981) - Def's Mem in Support of Mot to Exclude Scott A. Guelcher, #5 Exhibit MDL ECF (2100) Defs Motion to Exclude Scott A. Guelcher, #6 Exhibit MDL ECF (2164) - Pls Resp to Defs Mot to Exclude Scott A. Guelcher, #7 Exhibit MDL ECF (2210) - Defs Reply in Support of Mot to Exclude Scott A. Guelcher, #8 Exhibit MDL ECF (2698) - Mem Opinion and Order of Mot Regarding Scott Guelcher, #9 Exhibit MDL ECF (4573) Part 1 Defs Motion to Exclude Scott A. Guelcher, #10 Exhibit MDL ECF (4573) Part 2 Defs Motion to Exclude Scott A. Guelcher, #11 Exhibit MDL ECF (4573) Part 3 Defs Motion to Exclude Scott A. Guelcher, #12 Exhibit MDL ECF (4573) Part 4 Defs Motion to Exclude Scott A. Guelcher, #13 Exhibit MDL ECF (4574) Defs Mem in Support of Mot to Exclude Scott A. Guelcher, #14 Exhibit MDL ECF (4675) Part 1 - Pls Resp to Defs Mot to Exclude Scott A. Guelcher, #15 Exhibit MDL ECF (4675) Part 2 - Pls Resp to Defs Mot to Exclude Scott A. Guelcher, #16 Exhibit MDL ECF (4692) - Defs Reply in Support of Mot to Exclude Scott A. Guelcher, #17 Exhibit MDL ECF (8790) Notice of Adoption of Defs Mot to Exclude Scott A. Guelcher, #18 Exhibit MDL ECF (8839) Notice of Adoption of Pls Resp Defs Mot to Exclude Scott A. Guelcher)(Gage, William) (Modified on 10/30/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 11/4/2020.]
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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 (240) Master Answer of Ethicon LLC to First Amended Master Complaint, #4 Exhibit MDL ECF (241) Master Answer of Johnson & Johnson to First Amended Master Complaint, #5 Exhibit MDL ECF (262) - Short Form Complaint, #6 Exhibit MDL ECF (263) Amended Short Form Complaint)(Gage, William) (Modified on 10/30/2020 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 11/3/2020 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 11/2/2020 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 10/20/2020. (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
ORDER The #33 Motion to Strike Defendants' Non-Retained Experts in Violation of the Court's Pretrial Order # 337 is GRANTED in part to the extent plaintiffs seek an order striking the experts identified by defendants in excess of five each and is otherwise DENIED. Signed by Judge Joseph R. Goodwin on 10/19/2020. (cc: counsel of record; any unrepresented party) (kew) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 39
REPLY by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to #35 Brief In Opposition. (Gage, William) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 38
REPLY by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to #37 Memorandum In Opposition. (Gage, William) [Transferred from West Virginia Southern on 11/4/2020.]
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NOTICE OF DOCKET CORRECTION re: #36 Opposition by Ethicon, Inc., Johnson & Johnson in opposition to #33 Motion by Phyllis Pearson to Strike Defendants' Non-Retained Experts in Violation of the Court's Pretrial Order #337. ERROR: Incorrect Exhibits C and D attached. CORRECTION: Exhibits C and D replaced. (ts) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 37
MEMORANDUM by Phyllis Pearson in opposition to #32 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Opinions and Testimony of Donald R. Ostergard, M.D. (Attachment: #1 Exhibit)(Davis, Steven) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 36
OPPOSITION by Ethicon, Inc., Johnson & Johnson in opposition to #33 MOTION by Phyllis Pearson to Strike Defendants' Non-Retained Experts in Violation of the Court's Pretrial Order #337 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Gage, William) (Modified on 11/20/2019 to replace exhibit C and D)(ts). [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 35
OPPOSITION by Phyllis Pearson to #30 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B)(Davis, Steven) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 34
MEMORANDUM by Phyllis Pearson in support of #33 MOTION by Phyllis Pearson to Strike Defendants' Non-Retained Experts in Violation of the Court's Pretrial Order #337 (Davis, Steven) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 33
MOTION by Phyllis Pearson to Strike Defendants' Non-Retained Experts in Violation of the Court's Pretrial Order #337 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Davis, Steven) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 32
MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Opinions and Testimony of Donald R. Ostergard, M.D. and Supporting Memorandum of Law. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Gage, William) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 31
MEMORANDUM by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in support of #30 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Summary Judgment (Gage, William) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 30
MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Gage, William) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 29
OBJECTIONS AND RESPONSES by Ethicon, Inc., Johnson & Johnson to #27 NOTICE OF DEPOSITION by Phyllis Pearson of Bruce S. Kahn, MD on October 31, 2019 at 12:30 pm (PDT) (Gage, William) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 28
NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Placeholder on TBD at TBD (Adams, Kasey) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 27
NOTICE OF DEPOSITION by Phyllis Pearson of Bruce S. Kahn, MD on October 31, 2019 at 12:30pm (PDT) (Davis, Steven) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 26
CERTIFICATE OF SERVICE by Phyllis Pearson for Amended Case-Specific Expert Report. (Davis, Steven) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 25
NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Donald Ostergard on 10/18/2019 at 3:00 p.m. MDT (Attachments: #1 Subpoena)(Gage, William) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 24
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.]
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Filing 23
CERTIFICATE OF SERVICE by Phyllis Pearson for Plaintiff's Designation and Disclosure of General and Case-Specific Expert Witnesses. (Davis, Steven) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 22
NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Richard Wong on August 7, 2019 at 1:30 p.m. (Taveau, Rockney) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 21
NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Phyllis Pearson on 07/31/2019 at 9:00 AM (Adams, Kasey) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 20
NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Rockney Taveau on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Taveau, Rockney) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 19
CERTIFICATE OF SERVICE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Defendants First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (Adams, Kasey) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 18
NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kasey Mitchell Adams on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Adams, Kasey) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 17
PLAINTIFF FACT SHEET filed by Phyllis Pearson. (Davis, Steven) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 16
PRETRIAL ORDER # 337 (Docket Control Order - Ethicon, Inc. Wave 12 Cases) The court ORDERS that the cases on Exhibit A are: (1) removed from the pending inactive docket; and (2) placed on the active docket. The court further ORDERS that: (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 Exhibit A, the deadlines below also apply to them; (3) The Clerk will file this Docket Control Order in the main MDL and every case listed on Exhibit A become subject to the deadlines in this Docket Control Order; and (4) The following deadlines immediately apply in all Wave 12 cases with one important exception, as more fully set forth herein. Scheduling Deadlines. The following deadlines shall apply in all Ethicon Wave 12 cases: Plaintiff Fact Sheets due by 05/11/2019. Defendant Fact Sheets due by 05/20/2019. Deadline for written discovery requests due by 06/20/2019. Expert disclosures served by plaintiffs due by 08/19/2019. Expert disclosure served by defendants due by 09/18/2019. Expert disclosure served for rebuttal due by 09/25/2019. Deposition deadline and close of discovery due by 10/25/2019. Filing of dispositive motions due by 11/01/2019. Response to dispositive motions due by 11/15/2019. Reply to response to dispositive motions due by 11/22/2019. Filing of Daubert motions due by 11/04/2019. Responses to Daubert motions due by 11/18/2019. Reply to response to Daubert motions due by 11/25/2019. Confidential Documents. Issues related to sealing of confidential documents that the parties are unable to resolve, must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 9/20/2019, and any response is due by 10/3/2019. Any reply is due by 10/10/2019. Venue Recommendations. The parties shall meet and confer concerning the appropriate venue for each of the cases no later than 10/08/2019, the parties are ORDERED to file joint venue recommendations by 10/18/2019. The parties' joint recommendation(s) shall identify cases where venue is in dispute. Signed by Judge Joseph R. Goodwin on 5/1/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 12 cases identified on Exhibit A) (ts) (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) (ts) (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") (jsa) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 12
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 8/31/2018; 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. 5247 in MDL Case No. 2327 Ethicon. Signed by Judge Joseph R. Goodwin on 4/12/2018. (cc: attys; any unrepresented party) (brn) (ADI) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 11
PRETRIAL ORDER # 280 (Docket Control Order - Ethicon, Inc. Wave 8 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING ETHICON, INC. CASES. The court ORDERS that this Docket Control Order be filed in the main MDL and, as of the time of that filing in every case listed on Exhibit A (hereinafter "Wave 8 cases") becomes subject to the deadlines in this Docket Control Order. For any cases in the Ethicon, Inc. MDL with a Covidien Wave 1 flag, the stay on the flagged Covidien Wave 1 cases is lifted and the Covidien Wave 1 cases in the Ethicon MDL are incorporated in the Ethicon, Inc., Wave 8 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 8 cases: A. Scheduling Deadlines. Plaintiff Fact Sheets due by 3/19/2018, Defendant Fact Sheets due by 4/19/2018, Deadline for written discovery requests due by 5/18/2018, Expert disclosure by plaintiffs due by 6/04/2018, Expert disclosure by defendants due by 7/05/2018, Expert disclosure for rebuttal purposes due by 7/23/2018, Deposition deadline and close of discovery due by 9/04/2018, Deadline to file list of general causation experts in each individual Wave 8 case due by 9/11/2018, Filing of Dispositive Motions due by 9/21/2018, Response to Dispositive Motions due by 10/05/2018, Reply to response to dispositive motions due by 10/12/2018, Filing of Daubert motions due by 10/05/2018, Responses to Daubert motions due by 10/19/2018, and Reply to response to Daubert motions due by 10/26/2018. B.4. Confidential Documents. In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 8/10/2018, and any response is due by 8/24/2018. Any reply is due by 8/31/2018. C.1. Venue Recommendations. By no later than 8/27/2018 the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties are ORDERED to submit joint venue recommendations to the court by 9/03/2018. Additional directives are set forth herein. Signed by Judge Joseph R. Goodwin on 1/30/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases Listed on Exhibit A) (kp) (ADI) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 10
PLAINTIFF PROFILE FORM filed by Phyllis Pearson. (Plattenberger, Jacob) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 9
PLAINTIFF PROFILE FORM filed by Phyllis Pearson. (Plattenberger, Jacob) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 8
ORDER on Motions filed in MDL 2327: denying, as moot, MOTION by Jacob W. Plattenberger for Change of TorHoerman Law LLC Firm Address in MDL 2327 and each individual member case in which it is associated; granting AMENDED MOTION by Jacob W. Plattenberger, Tor A. Hoerman, Eric Terry for Change of TorHoerman Law LLC Firm Address in MDL 2327 and each individual member case in which it is associated. 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 Jacob W. Plattenberger, Tor A. Hoerman, and Eric Terry are associated. Signed by Judge Joseph R. Goodwin on 7/1/2016. (cc: attys; any unrepresented party) (kll) [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 William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) [Transferred from West Virginia Southern on 11/4/2020.]
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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 11/4/2020.]
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Filing 5
NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, LLC. (Thomas, David) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 4
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.]
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Filing 3
TRANSMITTED PRETRIAL ORDER # 39 (SHOW CAUSE ORDER REGARDING DISMISSAL OF ENDO ENTITIES) entered on 02/21/2013 in MDL 2327 to attorneys in member case. (Attachment: #1 Exhibit A) (jap) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 2
ELECTRONIC SUMMONS ISSUED as to Ethicon, LLC, re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (jws) [Transferred from West Virginia Southern on 11/4/2020.]
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Filing 1
SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2238883. (Attachment: #1 Civil Cover Sheet) (jws) [Transferred from West Virginia Southern on 11/4/2020.]
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