Zyph v. Ethicon, Inc. et al
| Cleo Zyph |
| Ethicon, Inc. and Johnson & Johnson |
| 3:2020cv02039 |
| November 23, 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 January 14, 2021. A more recent docket listing may be available from PACER.
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Filing 56
Order by Judge Acosta: The Court acknowledges receipt of the parties' Joint Status Report #55 and SETS a Telephone Status Conference for Thursday, February 11, 2021 at 10:00 AM in Portland before Magistrate Judge John V. Acosta. The Court's conference call information shall be provided to the parties by separate sealed entry. (pjg)
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| Filing 55 Joint Status Report . Filed by All Defendants. (Attachments: #1 Exhibit) (Lenkowsky, Diane) |
| Filing 54 Mail Returned - Undeliverable: Scheduling 46 sent to Michelle Ann Childers. (sb) |
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Filing 52
ORDER by Judge Acosta: GRANTING Motion for Extension of Time #50 . Deadline for parties to file a Joint Status Report is extended to 1/13/2021. (pjg)
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| Filing 51 Declaration of Jeanne F. Loftis in Support of Defendants' Unopposed Motion to Extend Joint Status Report Deadline. Filed by All Defendants. (Related document(s): Motion for Extension of Time #50 .) (Attachments: #1 Exhibit, #2 Exhibit) (Loftis, Jeanne) |
| Filing 50 Unopposed Motion for Extension of Time to File Joint Status Report. Filed by All Defendants. (Loftis, Jeanne) |
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Filing 49
ORDER by Judge Acosta: GRANTING Motion for Leave to Appear Pro Hac Vice #48 filed by Anita Modak-Truran. (pjg)
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| Filing 48 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-7599947. Filed by All Defendants. (Loftis, Jeanne) |
| Filing 47 Notice of Attorney Substitution:Attorney Diane Lenkowsky is substituted as counsel of record in place of Attorney Melissa A. Merk; Sarah Smyth O'Brien; Susan M. Robinson; Kari L. Sutherland; Rockney Taveau; David B. Thomas; Rebecca L. Trela; Michelle Ann Childers and William M. Gage Filed by All Defendants. (Lenkowsky, Diane) |
| 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-7599947 #48 : Reviewed and Ready for Ruling. (ecp) |
| Filing 53 Mail Returned - Undeliverable: Case Assignment Notice #45 sent to Michelle Ann Childers returned as undeliverable. (sss) |
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Filing 46
Scheduling Order by Judge Acosta: The parties are directed to file Joint Status Report by 12/14/2020 regarding the status of the case. (pjg)
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| Filing 45 Notice of Case Assignment: This case is assigned to Magistrate Judge John V. Acosta. (eo) |
| Filing 44 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 (Charleston). Our records indicate that you may not be 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 #43 . (eo) |
| Filing 43 Case transferred in from District of West Virginia Southern; Case Number 2:16-cv-12024. Electronic file received. |
| Filing 42 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF (2060) - Pls' Mot to Exclude Timothy Ulatowski, #2 Exhibit MDL ECF (2065) - Plfs' 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) - Plfs' Reply in Support of Mot to Exclude Timothy Ulatowski, #5 Exhibit MDL ECF (7346) - Plfs Notice of Adoption of Mot to Exclude Timothy Ulatowski, #6 Exhibit MDL ECF (2910) - Defs Supplemental Rsp and Notice of Adoption of Mot to Exclude Timothy Ulatowski, #7 Exhibit MDL ECF (8755) - Plfs Notice of Adoption of Mot to Exclude Timothy Ulatowski, #8 Exhibit MDL ECF (8822) - Defs Notice of Adoption of Resp to Mot to Exclude Timothy Ulatwoski)(Gage, William) [Transferred from West Virginia Southern on 11/23/2020.] |
| Filing 41 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF (2205) Part 1 - Plfs' Mot to Exclude Steven Maclean, #2 Exhibit MDL ECF (2205) Part 2 - Plfs' Mot to Exclude Steven Maclean, #3 Exhibit MDL ECF (2205) Part 3 - Plfs' Mot to Exclude Steven Maclean, #4 Exhibit MDL ECF (2206) - Plfs' Mem in Support of Plfs' Mot to Exclude Steven Maclean, #5 Exhibit MDL ECF (2287) Part 1 - Defs' Resp to Plfs' Mot to Exclude Steven Maclean, #6 Exhibit MDL ECF (2287) Part 2 - Defs' Resp to Plfs' Mot to Exclude Steven Maclean, #7 Exhibit MDL ECF (2297) - Plfs' Reply to Defs' Resp to Mot to Exclude Steven Maclean, #8 Exhibit MDL ECF (2552) Part 1 - Defs' Resp to Plfs' Mot to Exclude Steven Maclean, #9 Exhibit MDL ECF (2552) Part 2 - Defs' Resp to Plfs' Mot to Exclude Steven Maclean, #10 Exhibit MDL ECF (2552) Part 3 - Defs' Resp to Plfs' Mot to Exclude Steven Maclean, #11 Exhibit MDL ECF (2825) - Plfs' Mot to Exclude Steven Maclean, #12 Exhibit MDL ECF (2826) - Plfs' Mem in Support of Mot to Exclude Steven Maclean, #13 Exhibit MDL ECF (2942) - Defs' Resp to Plfs' Mot to Exclude Steven Maclean, #14 Exhibit MDL ECF (3053) - Plfs' Reply in Support of Mot to Exclude Steven Maclean, #15 Exhibit MDL ECF (8731) - Pls' Notice of Adoption of Mot to Exclude Steven MacLean, #16 Exhibit MDL ECF (8832) - Defs' Notice of Adoption of Resp to Mot to Exclude Steven MacLean)(Gage, William) [Transferred from West Virginia Southern on 11/23/2020.] |
| Filing 40 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF (2076) - Pls' Mot to Exclude Teri A. Longacre, #2 Exhibit MDL ECF (2098) - Plfs' Mem in Support of Mot to Exclude Teri A. Longacre, #3 Exhibit MDL ECF (2140) - Defs' Resp to Plfs' Mot to Exclude Teri A. Longacre, #4 Exhibit MDL ECF (2253) - Plfs' Mem in Support of Mot to Exclude Teri A. Longacre, #5 Exhibit MDL ECF (8729) - Pls' Notice of Adoption of Mot to Exclude Teri A. Longacre, #6 Exhibit MDL ECF (8891) - Defs' Notice of Adoption of Resp to Mot to Exclude Teri A. Longacre)(Gage, William) [Transferred from West Virginia Southern on 11/23/2020.] |
| Filing 39 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit 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 in Opp to Mot to Exclude Bruce S. Kahn, #4 Exhibit MDL ECF (8660) - Pls' Mot to Exclude Bruce S. Kahn, #5 Exhibit MDL ECF (8723) - Pls' Notice of Adoption of Mot to Exclude Bruce S. Kahn, #6 Exhibit MDL ECF (8900) - Defs Notice of Adoption of Resp to Mot to Exclude Bruce S. Kahn)(Gage, William) [Transferred from West Virginia Southern on 11/23/2020.] |
| Filing 38 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF (2022) - Pls' Mot to Exclude Douglas Grier, #2 Exhibit MDL ECF (2024) - Plfs Memo in Support of Mot to Exclude Douglas Grier, #3 Exhibit MDL ECF (2179) - Defs Memo in Opp to Mot to Exclude Douglas Grier, #4 Exhibit MDL ECF (2921) - Defs Memo in Opp to Mot to Exclude Douglas Grier, #5 Exhibit MDL ECF (2982) - Plfs Mem in Support of Mot to Exclude Douglas Grier, #6 Exhibit MDL ECF (8717) - Pls' Notice of Adoption of Mot to Exclude Douglas Grier, #7 Exhibit MDL ECF (8873) - Defs' Notice of Adoption of Resp to Mot to Exclude Douglas Grier)(Gage, William) [Transferred from West Virginia Southern on 11/23/2020.] |
| Filing 37 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF (2075) - Defs' Mot to Exclude Peggy Pence, #2 Exhibit MDL ECF (2078) - Defs Mem in Support of Mot to Exclude Peggy Pence, #3 Exhibit MDL ECF (2172) - Plfs Resp to Mot to Exclude Peggy Pence, #4 Exhibit MDL ECF (2214) - Defs Resp to Mot to Exclude Peggy Pence, #5 Exhibit MDL ECF (2759) - Defs Mot to Exclude Peggy Pence, #6 Exhibit MDL ECF (2760) - Defs Mem in Support of Mot to Exclude Peggy Pence, #7 Exhibit MDL ECF (2949) - Plfs Resp to Mot to Exclude Peggy Pence, #8 Exhibit MDL ECF (3017) - Defs Reply in Support of Mot to Exclude Peggy Pence, #9 Exhibit MDL ECF (8807) - Defs Notice of Adoption of Mot to Exclude Peggy Pence, #10 Exhibit MDL ECF (8855) - Plfs Notice of Adoption of Resp to Mot to Exclude Peggy Pence)(Gage, William) [Transferred from West Virginia Southern on 11/23/2020.] |
| Filing 36 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF (1996) - Defs' Mot to Exclude Donald R. Ostergard, #2 Exhibit MDL ECF (1997) - Defs Mem in Support of Mot to Exclude Donald R. Ostergard, #3 Exhibit MDL ECF (2167) - Plfs Mem in Opp to Mot to Exclude Donald R. Ostergard, #4 Exhibit MDL ECF (2222) - Defs Reply to Resp in Opp to Mot to Exclude Donald R. Ostergard, #5 Exhibit MDL ECF (2814) - Defs Mot to Exclude Donald R. Ostergard, #6 Exhibit MDL ECF (2816) - Defs Mem in Support of Mot to Exclude Donald R. Ostergard, #7 Exhibit MDL ECF (2950) - Plfs Resp to Defs' Mot to Exclude Donald R. Ostergard, #8 Exhibit MDL ECF (3011) - Defs Reply in Support of Mot to Exclude Donald R. Ostergard, #9 Exhibit MDL ECF (8769) - Defs' Notice of Adoption of Mot to Exclude Donald R. Ostergard, #10 Exhibit MDL ECF (8851) - Plfs' Notice of Adoption of Resp to Mot to Exclude Donald R. Ostergard)(Gage, William) [Transferred from West Virginia Southern on 11/23/2020.] |
| Filing 35 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF (2436) Part 1 - Defs' Mot to Exclude Paul Michaels, #2 Exhibit MDL ECF (2436) Part 2 - Defs' Mot to Exclude Paul Michaels, #3 Exhibit MDL ECF (2436) Part 3 - Defs' Mot to Exclude Paul Michaels, #4 Exhibit MDL ECF (2436) Part 4 - Defs' Mot to Exclude Paul Michaels, #5 Exhibit MDL ECF (2441) - Defs' Mem in Support of Mot to Exclude Paul Michaels, #6 Exhibit MDL ECF (2555) - Pls' Resp to Defs' Mot to Exclude Paul Michaels, #7 Exhibit MDL ECF (2619) - Defs' Reply in Support of Mot to Exclude Paul Michaels, #8 Exhibit MDL ECF (3663) Part 1 - Defs Mot to Exclude Paul MichaelsMDL ECF (3663) Part 1 - Defs Mot to Exclude Paul Michaels, #9 Exhibit MDL ECF (3663) Part 2 - Defs Mot to Exclude Paul Michaels, #10 Exhibit MDL ECF (3663) Part 3 - Defs Mot to Exclude Paul Michaels, #11 Exhibit MDL ECF (3666) - Defs Mem in Support of Mot to Exclude Paul Michaels, #12 Exhibit MDL ECF (3792) - Pls' Resp to Defs' Mot to Exclude Paul Michaels, #13 Exhibit MDL ECF (3814) - Defs' Reply in Support of Mot to Exclude Paul Michaels, #14 Exhibit MDL ECF (8783) - Defs' Notice of Adoption of Mot to Exclude Paul J. Michaels, #15 Exhibit MDL ECF (8849) - Pls' Notice of Adoption of Resp to Mot to Exclude Paul J. Michaels)(Gage, William) [Transferred from West Virginia Southern on 11/23/2020.] |
| Filing 34 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF (2071) Part 1 - Defs Mot to Exclude Jimmy Mays, #2 Exhibit MDL ECF (2071) Part 2 - Defs Mot to Exclude Jimmy Mays, #3 Exhibit MDL ECF (2071) Part 3 - Defs Mot to Exclude Jimmy Mays, #4 Exhibit MDL ECF (2074) - Defs Mem in Support of Mot to Exclude Jimmy Mays, #5 Exhibit MDL ECF (2144) - Plfs Resp in Opp to Mot to Exclude Jimmy Mays, #6 Exhibit MDL ECF (2209) - Defs Reply in Support of Mot to Exclude Jimmy Mays, #7 Exhibit MDL ECF (3031) - Defs Reply in Support of Mot to Exclude Jimmy Mays, #8 Exhibit MDL ECF (3642) Part 1 - Defs Mot to Exclude Jimmy Mays, #9 Exhibit MDL ECF (3642) Part 2 - Defs Mot to Exclude Jimmy Mays, #10 Exhibit MDL ECF (3647) - Defs Mem in Support of Mot to Exclude Jimmy Mays, #11 Exhibit MDL ECF (3751) - Plfs Resp to Mot to Exclude Jimmy Mays, #12 Exhibit MDL ECF (3847) - Defs Reply in Support of Mot to Exclude Jimmy Mays, #13 Exhibit MDL ECF (8781) - Defs Notice of Adoption of Mot to Exclude Jimmy Mays, #14 Exhibit MDL ECF (8846) - Plfs Notice of Adoption of Resp to Mot to Exclude Jimmy Mays)(Gage, William) [Transferred from West Virginia Southern on 11/23/2020.] |
| Filing 33 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 11/23/2020.] |
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Filing 32
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 11/19/2020 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 11/18/2020 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 11/5/2020. (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 11/23/2020.]
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| Filing 31 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #30 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Gage, William) [Transferred from West Virginia Southern on 11/23/2020.] |
| Filing 30 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Gage, William) [Transferred from West Virginia Southern on 11/23/2020.] |
| Filing 29 NOTICE OF WITHDRAWAL by Ethicon, Inc., Johnson & Johnson of #25 Notice of Video Deposition of Dr. Laura Gordon. (Taveau, Rockney) [Transferred from West Virginia Southern on 11/23/2020.] |
| Filing 28 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 11/23/2020.] |
| Filing 27 AMENDED NOTICE TO TAKE VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Cleo F. Zyph on 9/26/2019 at 10:00 a.m. (O'Brien, Sarah) [Transferred from West Virginia Southern on 11/23/2020.] |
| Filing 26 NOTICE TO TAKE VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Cleo Zyph on 9/25/2019 at 10:00 a.m. (O'Brien, Sarah) [Transferred from West Virginia Southern on 11/23/2020.] |
| Filing 25 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Laura Gordon on September 27, 2019 at 10:00 a.m. (Taveau, Rockney) [Transferred from West Virginia Southern on 11/23/2020.] |
| Filing 24 CERTIFICATE OF SERVICE by Cleo Zyph for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Milstein, Mark) [Transferred from West Virginia Southern on 11/23/2020.] |
| Filing 23 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Sarah Smyth O'Brien on behalf of Ethicon, Inc., Johnson & Johnson. (O'Brien, Sarah) [Transferred from West Virginia Southern on 11/23/2020.] |
| Filing 22 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Rockney Taveau on behalf of Ethicon, Inc., Johnson & Johnson. (Taveau, Rockney) [Transferred from West Virginia Southern on 11/23/2020.] |
| Filing 21 PLAINTIFF FACT SHEET filed by Cleo Zyph. (Milstein, Mark) [Transferred from West Virginia Southern on 11/23/2020.] |
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Filing 20
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) (lca) (ADI) [Transferred from West Virginia Southern on 11/23/2020.]
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Filing 19
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) (lca) (ADI) [Transferred from West Virginia Southern on 11/23/2020.]
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Filing 18
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) (kab) (ADI) [Transferred from West Virginia Southern on 11/23/2020.]
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Filing 17
INACTIVE DOCKET ORDER: The court has been advised that the plaintiff(s) and Ethicon, Inc. have reached a settlement. The Court ORDERS as follows: All discovery deadlines are continued until further order of the court. Plaintiff(s) and defendant 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 plaintiff(s) and defendant 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. 6205 in MDL Case No. 2327 Ethicon. Signed by Judge Joseph R. Goodwin on 7/18/2018. (cc: attys; any unrepresented party) (brn) [Transferred from West Virginia Southern on 11/23/2020.]
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Filing 16
PRETRIAL ORDER # 303 (Amended Docket Control Order - Ethicon, Inc. Wave 8 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 280. The parties are advised that while this order will be entered in the individual cases in the coming days, it is effective as of the day it was entered in the main MDL. The following deadlines immediately apply in all Wave 8 cases: Plaintiff Fact Sheets due by 03/19/2018; Defendant Fact Sheets due by 04/19/2018; Deadline for written discovery requests due by 05/18/2018; Expert disclosures served by plaintiffs pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 07/13/2018; Expert disclosure served by defendants pursuant to Fed R. Civ P. 26 as limited by 3.a. of this order due by 08/13/2018; Expert disclosure served for rebuttal pursuant to Fed R. Civ. P. 26 as limited by 3.a. of this order due by 08/20/2018; Deposition deadline and close of discovery due by 10/04/2018; Filing of Dispositive Motions due by 10/18/2018; Response to Dispositive Motions due by 10/25/2018; Reply to response to Dispositive motions due by 11/01/2018; Filing of Daubert motions due by 10/18/2018; Responses to Daubert motions due by 10/25/2018; and Reply to response to Daubert motions due by 11/01/2018. Signed by Judge Joseph R. Goodwin on 6/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases) (kp) (ADI) [Transferred from West Virginia Southern on 11/23/2020.]
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| Filing 15 CERTIFICATE OF SERVICE by Cleo Zyph for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Milstein, Mark) [Transferred from West Virginia Southern on 11/23/2020.] |
| Filing 14 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Rebecca L. Trela on behalf of Ethicon, Inc., Johnson & Johnson. (Trela, Rebecca) [Transferred from West Virginia Southern on 11/23/2020.] |
| Filing 13 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for First Set of Interrogatories, Requests for Admissions and Requests for Production to Plaintiff. (Merk, Melissa) [Transferred from West Virginia Southern on 11/23/2020.] |
| Filing 12 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Cleo Zyph on June 15, 2018 at 9:00 a.m. (Merk, Melissa) [Transferred from West Virginia Southern on 11/23/2020.] |
| Filing 11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michelle Ann Childers on behalf of Ethicon, Inc., Johnson & Johnson. (Childers, Michelle) [Transferred from West Virginia Southern on 11/23/2020.] |
| Filing 10 NOTICE OF WITHDRAWAL by Ethicon, Inc., Johnson & Johnson of #8 Notice of Videotaped Deposition (Sutherland, Kari) [Transferred from West Virginia Southern on 11/23/2020.] |
| Filing 8 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Patricia J. Winn on 3/6/2018 at 9:00 a.m. (Sutherland, Kari) [Transferred from West Virginia Southern on 11/23/2020.] |
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Filing 9
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) (ts) (ADI) [Transferred from West Virginia Southern on 11/23/2020.]
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| Filing 7 PLAINTIFF PROFILE FORM filed by Cleo Zyph. (Milstein, Mark) [Transferred from West Virginia Southern on 11/23/2020.] |
| Filing 6 PLAINTIFF FACT SHEET filed by Cleo Zyph. (Milstein, Mark) [Transferred from West Virginia Southern on 11/23/2020.] |
| Filing 5 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 11/23/2020.] |
| Filing 4 TRANSMITTED PRETRIAL ORDER # 246 (Order Amending PTO # 40 - Plaintiff Fact Sheet) entered on 12/09/2016 in MDL 2327 to attorneys in member case. (jk) [Transferred from West Virginia Southern on 11/23/2020.] |
| Filing 3 ELECTRONIC SUMMONS ISSUED as to Johnson & Johnson, re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (tlg) [Transferred from West Virginia Southern on 11/23/2020.] |
| Filing 2 ELECTRONIC SUMMONS ISSUED as to Ethicon, Inc., 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). (tlg) [Transferred from West Virginia Southern on 11/23/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-5167094. (Attachment: #1 Civil Cover Sheet) (tlg) [Transferred from West Virginia Southern on 11/23/2020.] |
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