Bernard v. Ethicon, Inc. et al
| Elva Bernard |
| ETHICON, LLC, ETHICON INC and JOHNSON & JOHNSON |
| 2:2019cv05184 |
| October 30, 2019 |
| US District Court for the Eastern District of Pennsylvania |
| JOHN M YOUNGE |
| P.I.: Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 49
SCHEDULING ORDER: AT THE PARTIES' REQUEST, THIS MATTER WILL BE REFERRED TO THE HONORABLE TIMOTHY R. RICE FOR SETTLEMENT DISCUSSIONS ETC.; FINAL PRETRIAL CONFERENCE SET FOR 5/19/2020 10:00 AM IN JUDGE CHAMBERS BEFORE HONORABLE JOHN M. YOUNGE. MOTIONS DUE BY 1/21/2020. MOTION FOR SUMMARY JUDGMENT DUE BY 1/21/2020. SIGNED BY HONORABLE JOHN M. YOUNGE ON 12/19/19. 12/20/19 ENTERED AND COPIES MAILED AND E-MAILED TO COUNSEL.(jaa, ) Modified on 12/20/2019 (jaa, ).
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| Filing 48 Minute Entry for Pretrial Conference held on 12/19/19 before Judge Younge. (mbh, ) |
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Filing 47
ORDER THAT MOTION TO WITHDRAW MDL COUNSEL IS GRANTED. THE FOLLOWING COUNSEL OF RECORD ARE HEREBY WITHDRAWN AND THE CLERK'S OFFICE IS DIRECTED TO REMOVE THEM FORM THE COURT'S CM/ECF SYSTEM FOR THIS ACTION AS OUTLINED HEREIN, ETC. SIGNED BY HONORABLE JOHN M. YOUNGE ON 12/5/19.12/6/19 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(kw, )
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| Filing 46 MOTION to Withdraw as Attorney their counsel of record from the multi-district litigation in the United States District Court for the Southern District of West Virginia (the Ethicon Pelvic Mesh MDL), Christy D. Jones, Kari L. Sutherland, William M. Gage, A. LaVerne Edney, and Ashley Nader Stubbs of Butler Snow LLP (collectively Butler Snow) and Thomas B. Combs and Susan M. Robinson of Thomas Combs & Spann PLLC (Thomas Combs) filed by ETHICON INC, JOHNSON & JOHNSON.Certificate of Service.(FLYNN, MOLLY) |
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Filing 45
ORDERED THAT THE PENDING MOTION FOR PARTIAL SUMMARY JUDGMENT (DOC. #25 ) SHALL BE DENIED WITHOUT PREJUDICE TO BE RESUBMITTED FOLLOWING THE UPDATED RULE 16 CONFERENCE AND ANY AMENDED SCHEDULING ORDER THAT MIGHT BE ENTERED. SIGNED BY HONORABLE JOHN M. YOUNGE ON 11/18/2019.11/20/2019 ENTERED AND COPIES MAILED AND E-MAILED.(sg, )
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Filing 44
ORDER THAT A RULE 16 PRETRIAL CONFERENCE SET FOR 12/19/2019 11:00 AM IN JUDGE CHAMBERS BEFORE HONORABLE JOHN M. YOUNGE. SIGNED BY HONORABLE JOHN M. YOUNGE ON 11/18/2019. 11/20/2019 ENTERED AND COPIES MAILED AND E-MAILED.(sg, )
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| Filing 43 STATUS REPORT [JOINT] by ETHICON INC, JOHNSON & JOHNSON. (Attachments: #1 Exhibit A)(FLYNN, MOLLY) |
| Filing 42 NOTICE of Appearance by MICHAEL A. TRUNK on behalf of Elva Bernard with Certificate of Service (Attachments: #1 Certificate of Service)(TRUNK, MICHAEL) |
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Filing 41
ORDER THAT WITHIN 10 DAYS HEREOF, ALL PARTIES SHALL FILE VIA ECF A JOINT STATUS REPORT SETTING FORTH THE FOLLOWING OUTLINED HEREIN. SIGNED BY HONORABLE JOHN M. YOUNGE ON 11/7/2019. 11/8/2019 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(amas)
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Filing 40
ORDER THAT THIS CASE IS REASSIGNED FROM HONORABLE GERALD J. PAPPERT TO HONORABLE JOHN M. YOUNGE FOR ALL FURTHER PROCEEDINGS. SIGNED BY CLERK OF COURT KATE BARKMAN, CLERK OF COURT ON 11/6/19. 11/6/19 ENTERED AND COPIES MAILED & E-MAILED. (fdc)
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| Filing 39 NOTICE of Appearance by MOLLY ELIZABETH FLYNN on behalf of ETHICON INC, JOHNSON & JOHNSON with Certificate of Service(FLYNN, MOLLY) |
| Filing 38 NOTICE of Appearance by MELISSA A. MERK on behalf of ETHICON INC, JOHNSON & JOHNSON with Certificate of Service(MERK, MELISSA) |
| Filing 37 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-02932. Original file certified copy of transfer order and docket sheet received. |
| Filing 36 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 2039-Plaintiffs Motion To Exclude The Opinions And Testimony Of Shelby Thames, #2 2060-Plaintiffs Daubert Motion To Exclude The Opinions Of Fda Expert Timothy Ulatowski, #3 2455-Plaintiffs Motion To Exclude Opinions And Testimony Of Dr. Shelby Thames, #4 2455-Plaintiffs Motion To Exclude Opinions And Testimony Of Dr. Shelby Thames Pt 2, #5 2458-Memorandum In Support Of Plaintiffs Motion To Exclude Certain Opinions Of Dr. Shelby Thames, #6 2841-Memorandum Of Law In Support Of Plaintiffs Daubert Motion To Exclude Or Limit The Opinions And Testimony Of Dr. Shelby Thames, #7 2949-Plaintiffs Memorandum In Opposition To Defendants Motion To Exclude Peggy Pence, Ph.D., #8 2952-Plaintiffs Memorandum In Opposition To Defendants Motion To Exclude Certain General Opinions Of Daniel Elliott, M.D, #9 3037-Reply In Support Of Plaintiffs Motion To Exclude The Opinions Of Dr. Shelby Thames, #10 3767-Plaintiffs Opposition To Defendants Motion To Exclude The Opinions And Testimony Of Prof. Dr. Med. Uwe Klinge Pt 1, #11 3767-Plaintiffs Opposition To Defendants Motion To Exclude The Opinions And Testimony Of Prof. Dr. Med. Uwe Klinge Pt 2, #12 3767-Plaintiffs Opposition To Defendants Motion To Exclude The Opinions And Testimony Of Prof. Dr. Med. Uwe Klinge Pt 3, #13 3767-Plaintiffs Opposition To Defendants Motion To Exclude The Opinions And Testimony Of Prof. Dr. Med. Uwe Klinge Pt 4, #14 6891-Plaintiffs Daubert Motion To Exclude The General Causation Opinions Of Defense Expert Richard Marcus Ellerkmann, M.D., #15 6891-Plaintiffs Daubert Motion To Exclude The General Causation Opinions Of Defense Expert Richard Marcus Ellerkmann, M.D. Attachment 1, #16 6891-Plaintiffs Daubert Motion To Exclude The General Causation Opinions Of Defense Expert Richard Marcus Ellerkmann, M.D. Attachment 2, #17 6891-Plaintiffs Daubert Motion To Exclude The General Causation Opinions Of Defense Expert Richard Marcus Ellerkmann, M.D. Attachment 3, #18 6891-Plaintiffs Daubert Motion To Exclude The General Causation Opinions Of Defense Expert Richard Marcus Ellerkmann, M.D. Attachment 4, #19 6891-Plaintiffs Daubert Motion To Exclude The General Causation Opinions Of Defense Expert Richard Marcus Ellerkmann, M.D. Attachment 5, #20 6902-Plaintiffs Daubert Motion To Preclude Or, In The Alternative, To Limit The Opinions And Testimony Of Miles Murphy, M.D.)(Balefsky, Lee) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 35 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 (7183) REPLY in Further Support of Plaintiffs Motion to Exclude Certain Opinions of Vladimir Iakolov, MD, #2 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part1, #3 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part2, #4 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part3, #5 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part4, #6 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part5, #7 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part6, #8 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part7, #9 (3630) MEMORANDUM In Support of Motion to Limit Testimony of Prof. Dr. Med. Uwe Klinge, #10 (3767) Plaintiffs' Response in Opposition to D Motion to Exclude Dr. Klinge, #11 (3855) REPLY IN SUPPORT of Motion to Limit the Testimony of Prof. Dr. Med. Uwe Klinge by Ethicon, #12 (6648) NOTICE of Adoption of Ethicons Motion to Exclude the Opinions and Testimony of Prof. Dr. Med. Uwe Klinge Filed in Wave 4, #13 (6833) Amended Notice of Adoption to Exclude Testimony of Uwe Klinge, #14 (6926) NOTICE of Adoption of Prior Daubert Response of Prof. Dr. Med. Uwe Klinge for Wave 8, #15 (7123) NOTICE of Adoption of Prior Daubert Reply re Dr. Klinge, #16 (2759) Defendants Motion to Exclude Peggy Pence, PH.D., #17 (2760) Defendants Johnson & Johnson and Ethicon Memo in Support of Motion to Exclude Peggy Pence, PH.D., #18 (2949) MEMO by ALL Plaintiffs in Opposition to Defendants Motion to Exclude Peggy Pence, Ph.D., #19 (3017) REPLY by Ethicon in Support of Motion to Exclude Peggy Pence, PH.D., #20 (6821) NOTICE of Adoption of Prior Daubert Motion to Exclude Peggy Pence, Ph.D., for Ethicon Wave 8, #21 (6958) NOTICE of Adoption of Prior Daubert Response of Peggy Pence, Ph.D. for Wave 8, #22 (7177) NOTICE of Adoption of Prior Reply in Support of Daubert Motion to Exclude Peggy Pence, Ph.D., for Ethicon Wave 8)(Balefsky, Lee) (Modified on 10/28/2019 to add party filers)(slr). [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 34 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 (5491) P opp memo MTE Elliott, #2 (6842) D adoption MTE Elliott, #3 (6922) P adoption Daubert response Elliott, #4 (3619) MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev_Part1, #5 (3619) MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev_Part2, #6 (3619) MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev_Part3, #7 (3619) MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev_Part4, #8 (3621) MEMO in Support of Motion to Exclude Testimony of Dr. Vladimir Iakovlev, #9 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part1, #10 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part2, #11 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part3, #12 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part4, #13 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part5, #14 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part6, #15 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part7, #16 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part8, #17 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part9, #18 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part10, #19 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part11, #20 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part12, #21 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part13, #22 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part14, #23 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part15, #24 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part16, #25 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part17, #26 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part18, #27 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part19, #28 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part20, #29 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part21, #30 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part22, #31 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part23, #32 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part24, #33 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part25, #34 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part26, #35 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part27, #36 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part28, #37 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part29, #38 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part30, #39 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part31, #40 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part32, #41 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part33, #42 (3865) REPLY IN SUPPORT of Motion to Exclude the Opinions & Testimony of Vladimir Iakovlev, MD. by Ethicon, #43 (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part1, #44 (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part2, #45 (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part3, #46 (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part4, #47 (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part5, #48 (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part6, #49 (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part7, #50 (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part8, #51 (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part9, #52 (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part10, #53 (6875) MEMO OF LAW in support to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #54 (7038) NOTICE OF ADOPTION OF PRIOR DAUBERT MOTION AND OPPOSITION TO MOTION TO EXCLUDE VLADIMIR IAKOLEV MD, #55 (7045) Plaintiffs' Opposition to Defense Motion to Exclude Opinions and Testimony of Dr. Vladimir Iakolev)(Balefsky, Lee) (Modified on 10/28/2019 to add party filers)(slr). [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 33 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 (238) First Amended Master Long Form Complaint and Jury Demand (Pelvic), #2 (239) MASTER ANSWER AND JURY DEMAND OF DEFENDANT ETHICON, INC. TO FIRST AMENDED MASTER COMPLAINT, #3 (241) MASTER ANSWER AND JURY DEMAND OF DEFENDANT JOHNSON & JOHNSON TO FIRST AMENDED MASTER COMPLAINT, #4 (262) Short Form Complaint, #5 (0263) Amended Short Form Complaint, #6 (6891) P MTE Ellerkmann, #7 (6894) P memo in support MTE Ellerkmann, #8 (7023) D opp to MTE Ellerkmann, #9 (2015) Plaintiffs' Daubert Motion to Exclude Testimony of Stephen M. Factor, M.D., #10 (2020) MEMO by All Plaintiffs in support of MOTION by All Plaintiffs to Exclude Testimony of Dr. Stephen M. Factor, #11 (2135) Response in Opposition to Plaintiffs' Motion to Exclude Stephen Factor, #12 (2256) REPLY in Support of Plts Memo of Law in Support of their Daubert Motion to Exclude the Opinions and Testimony of Stephen M. Factor, M.D., #13 (6795) NOTICE of Adoption of Prior Daubert Motion of Stephen M. Factor, M.D. for Wave 8, #14 (6975) Notice of Adoption of Prior Dabuert Response Regarding Stephen Factor, #15 (7092) NOTICE of Adoption of Prior Daubert Reply of Stephen M. Factor, MD for Wave 8 by All Plaintiffs, #16 (6902) P MTE Miles Murphy, #17 (6903) P memo in support MTE Miles Murphy, #18 (7015) D opp response MTE Murphy, #19 (2039) Plaintiffs' Motion to Exclude the Opinions and Testimony of Shelby Thames, #20 (2042) MEMO by All Plaintiffs in support of MOTION by All Plaintiffs to Exclude Dr. Shelby Thames, #21 (2187) RESPONSE by Ethicon in opposition to Exclude the Opinions and Testimony of Dr. Shelby Thames, #22 (2247) REPLY in Support of Plaintiffs Motion to Exclude the Opinions of Dr. Shelby Thames, #23 (2455) Plaintiffs' Motion to Exclude Shelby Thames, #24 (2458) MEMO by All Plaintiffs in support of MOTION to Exclude Opinions and Testimony of Dr. Shelby Thames, #25 (2553) Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby Thames, PH.D. - Part1, #26 (2553) Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby Thames, PH.D. - Part2, #27 (2553) Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby Thames, PH.D. - Part3, #28 (2553) Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby Thames, PH.D. - Part4, #29 (2553) Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby Thames, PH.D. - Part5, #30 (2621) Reply in support of Motion to Exclude the Opinions of Dr. Shelby Thames, #31 (2839) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames - Part1, #32 (2839) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames - Part2, #33 (2839) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames - Part3, #34 (2841) Memo in support of MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames, #35 (2957) RESPONSE by Ethicon in Opposition to Plaintiffs_ Motion to Exclude or Limit the Opinions and Testimony of Dr. Shelby Thames, #36 (3037) REPLY by ALL Plaintiffs in Support of Motion to Exclude the Opinions of Dr. Shelby Thames, #37 (6857) NOTICE of Adoption of Prior Daubert Motion of Shelby Thames for Wave 8 by All Plaintiffs, #38 (6972) Notice of Adoption of Prior Daubert Response of Shelby Thames for Wave 8, #39 (7113) NOTICE of Adoption of Prior Daubert Reply of Shelby Thames, M.D. for Wave 8 by All Plaintiffs, #40 (2060) Plaintiffs' motion to exclude Tim Ulatowski WAVE 1, #41 (2065) Plaintiff's Memo in Support of Their Daubert Motion to Exclude the Opinions of FDA Expert Timothy Ulatowski for Wave 8, #42 (2134) Response in Opposition to Motion to Exclude Timothy Ulatowski, #43 (2232) Plaintiffs_ Reply Brief in Support of Their Daubert Motion to Exclude FDA Expert Timothy Ulatowski, #44 (2910) NOTICE OF SUPPLEMENTAL RESPONSE AND NOTICE OF ADOPTION OF PRIOR DAUBERT RESPONSE REGARDING TIMOTHY ULATOWSKI FOR WAVE 3, #45 (6860) NOTICE of Adoption of Prior Daubert Motion of Timothy Ulatowski, M.D. for Wave 8, #46 (6965) Notice of Adoption of Prior Daubert Response Regarding Timothy Ulatowski Wave 8, #47 (7143) NOTICE of Adoption of Prior Daubert Reply of Timothy Ulatowski, M.D. for Wave 8 by All Plaintiffs, #48 (2815) D memo MTE Dr. Daniel Elliott, #49 (2952) P opp memo MTE Dr. Elliott, #50 (5339) D MTE Elliott)(Balefsky, Lee) (Modified on 10/28/2019 to add party filers) (slr). [Transferred from West Virginia Southern on 11/4/2019.] |
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Filing 32
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 10/30/2019 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 10/29/2019 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 10/16/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 11/4/2019.]
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| Filing 31 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Attachments: #1 Exhibit 1 - List of Cases, #2 Exhibit 2 - Letter)(Gage, William) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 30 RESPONSE TO ORDER TO SHOW CAUSE by Elva Bernard (Balefsky, Lee) [Transferred from West Virginia Southern on 11/4/2019.] |
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Filing 29
SHOW CAUSE ORDER directing that plaintiffs' leadership and counsel for ALL defendants named in cases on Exhibit 1 are directed to show cause in writing why they should not be sanctioned for failing to comply with the Order entered in MDL 2327 at ECF #7710 by Wednesday 4/24/2019; any filing must be made in the individual cases on Exhibit 1; the court will schedule a hearing at a later date. Signed by Judge Joseph R. Goodwin on 4/10/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit 1) (mwk) (ADI) [Transferred from West Virginia Southern on 11/4/2019.]
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Filing 28
ORDER The court ORDERS that by 4/8/2019 plaintiffs' leadership and counsel for ALL defendants with cases identified on Exhibit A attached hereto are directed to go to the court's website at https://www.wvsd.uscourts.gov/MDL/ethicon/forms.html, complete and jointly submit one copy of the Transfer/Remand Information Spreadsheet in Excel format as found on the court's website to the court at WVSDml_MDL_Transfers@wvsd.uscourts.gov; the parties shall use the Transfer/Remand Information Spreadsheet on the court's website, as it is already partially completed; if the court's docket sheet for any case on Exhibit A indicates that the case has closed prior to or after the entry of this order, the parties are directed to so indicate on the Transfer/Remand Information Spreadsheet and need not complete the requested information on the Spreadsheet; the court cautions that many of these cases name other MDL defendants in addition to the Ethicon defendants; the court expects any necessary coordination from all defendants remaining in the cases on Exhibit A. Signed by Judge Joseph R. Goodwin on 3/26/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (sak) (ADI) [Transferred from West Virginia Southern on 11/4/2019.]
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| Filing 27 RESPONSE by Elva Bernard in opposition to #25 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Attachment: #1 Proposed Order)(Balefsky, Lee) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 26 MEMORANDUM OF LAW by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in support of #25 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Gage, William) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 25 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Gage, William) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 24 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING DEPOSITIONS OF PLAINTIFF'S FRIENDS AND FAMILY MEMBERS by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Elva Bernard (Stubbs, Ashley) (Modified on 10/4/2018 to add party filer)(rmc). [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 23 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Defendants Non-Retained Expert Disclosures. (Gage, William) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 22 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by A. La'Verne Edney on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Edney, A.) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 21 NOTICE of Issuing Amended Subpoena to Dr. Stanley Wiercinski by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Stubbs, Ashley) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 20 SECOND AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Dr. Stanley Wiercinski on 8/16/2018 at 9:00 a.m. (Stubbs, Ashley) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 19 RESPONSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to #18 Notice of Voluntary Dismissal. (Robinson, Susan) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 18 NOTICE OF VOLUNTARY DISMISSAL With Prejudice by Elva Bernard pursuant to Rule 41, Federal Rules of Civil Procedure (Balefsky, Lee) [Transferred from West Virginia Southern on 11/4/2019.] |
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Filing 17
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: 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; 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) (pma) [Transferred from West Virginia Southern on 11/4/2019.]
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| Filing 16 NOTICE of Filing Subpoena to Dr. Stanley Wiercinski by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Stubbs, Ashley) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 15 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Dr. Stanley Wiercinski on 6/14/2018 at 9:00 a.m. (Stubbs, Ashley) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 14 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for First Set of Interrogatories, Requests for Admission and Requests for Production. (Stubbs, Ashley) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 13 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Elva Bernard on 4/16/2018 at 2:00 p.m. EST (Stubbs, Ashley) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 12 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Ashley Nader Stubbs on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Stubbs, Ashley) [Transferred from West Virginia Southern on 11/4/2019.] |
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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 11/4/2019.]
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| Filing 10 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Stanley Wiercinski on 3/9/2018 at 9:00 a.m. (Sutherland, Kari) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 9 PLAINTIFF PROFILE FORM filed by Elva Bernard. (Balefsky, Lee) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 8 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 7 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 11/4/2019.] |
| 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 11/4/2019.] |
| Filing 5 SUMMONS RETURNED EXECUTED by Personal Service for Ethicon, LLC. Ethicon, LLC served on 3/7/2013, answer due 3/28/2013. Summons served on scott lascala. (Balefsky, Lee) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Thomas, David) [Transferred from West Virginia Southern on 11/4/2019.] |
| 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 11/4/2019.] |
| Filing 2 ELECTRONIC SUMMONS ISSUED as to Ethicon, Inc., Ethicon, LLC, and 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). (Attachments: #1 Summons, #2 Summons) (jws) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2233275. (Attachment: #1 Civil Cover Sheet) (jws) [Transferred from West Virginia Southern on 11/4/2019.] |
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