Bartman et al v. Boston Scientific Corporation et al
| ELAINE M. BARTMAN, LINWOOD BARTMAN and ELAINE BARTMAN |
| BOSTON SCIENTIFIC CORPORATION, ETHICON WOMEN'S HEALTH AND UROLOGY, BOSTON SCIENTIFIC CORP, JOHNSON & JOHNSON, GYNECARE and ETHICON INC |
| 2:2019cv40002 |
| August 2, 2019 |
| US District Court for the Eastern District of Pennsylvania |
| GERALD A MCHUGH |
| P.I.: Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on August 19, 2019. A more recent docket listing may be available from PACER.
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| Filing 64 NOTICE of Withdrawal of Appearance by JOHN J. O'DONNELL on behalf of ETHICON INC, JOHNSON & JOHNSON(O'DONNELL, JOHN) |
| Filing 63 NOTICE of Withdrawal of Appearance by JULIA MARY RAFFERTY on behalf of ETHICON INC, JOHNSON & JOHNSON(RAFFERTY, JULIA) |
| Filing 62 NOTICE of Withdrawal of Appearance by JOSEPH E. O'NEIL on behalf of ETHICON INC, JOHNSON & JOHNSON(O'NEIL, JOSEPH) |
| Filing 61 NOTICE of Appearance by KASANDRA N. ROGIERS on behalf of BOSTON SCIENTIFIC CORP, BOSTON SCIENTIFIC CORPORATION with Certificate of Service(ROGIERS, KASANDRA) |
| Filing 60 Case transferred in from District of West Virginia Southern; Case Number 2:14-cv-27267. Original file certified copy of transfer order and docket sheet received. |
| Filing 59 CONDITIONAL REMAND ORDER, JUDICIAL PANEL ON MDL: certified copy transferring the actions on this conditional remand order for remand to its/their respective transferor court; the transferee court in this litigation has advised the Panel that coordinated or consolidated pretrial proceedings in the actions on this conditional remand order have been completed and that remand to the transferor court(s), as provided in 28 U.S.C. 1407(a). Signed by John W. Nichols, Clerk of the Panel on 4/26/2019. (cc: attys) (ts) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 58 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon Inc, Ethicon Women's Health and Urology, Ethicon, Inc., Gynecare, Johnson & Johnson (Attachments: #1 Exhibit List of Cases, #2 Exhibit Letter)(Gage, William) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 57 RESPONSE TO ORDER TO SHOW CAUSE by Elaine Bartman, Linwood Bartman (Balefsky, Lee) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 56 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #53 Continued - (239) - Master Answer, #2 Exhibit ECF #53 Continued - (240) - Master Answer, #3 Exhibit ECF #53 Continued - (241), #4 Exhibit ECF #53 Continued - (1986) - Amended Motion, #5 Exhibit ECF #53 Continued - (1988) - Amended Memo in Support, #6 Exhibit ECF #53 Continued - (2026) - Motion to Exclude, #7 Exhibit ECF #53 Continued - (2030) - Memo in Support, #8 Exhibit ECF #53 Continued - (2044) - Part 01/02 - Motion to Exclude, #9 Exhibit ECF #53 Continued - (2044) - Part 02/02 - Motion to Exclude, #10 Exhibit ECF #53 Continued - (2045) - Memo in Support, #11 Exhibit ECF #53 Continued - (2060) - Daubert Motion to Exclude, #12 Exhibit ECF #53 Continued - (2065) - Memo in Support, #13 Exhibit ECF #53 Continued - (2134) - Response in Opposition, #14 Exhibit ECF #53 Continued - (2143) - Response to Amended Motion, #15 Exhibit ECF #53 Continued - (2162) - Response to Motion to Exclude, #16 Exhibit ECF #53 Continued - (2183) - Memo in Opposition, #17 Exhibit ECF #53 Continued - (2205) - Part 01/03 - Motion to Exclude, #18 Exhibit ECF #53 Continued - (2205) - Part 02/03 - Motion to Exclude, #19 Exhibit ECF #53 Continued - (2205) - Part 03/03 - Motion to Exclude, #20 Exhibit ECF #53 Continued - (2206) - Memo in Support of Motion, #21 Exhibit ECF #53 Continued - (2220) - Reply in Support of Motion, #22 Exhibit ECF #53 Continued - (2232) - Reply in Support of Daubert Motion, #23 Exhibit ECF #53 Continued - (2235) - Reply Memo to Motion to Eexclude, #24 Exhibit ECF #53 Continued - (2287) - Part 01/04 - Response in Opposition, #25 Exhibit ECF #53 Continued - (2287) - Part 02/04 - Response in Opposition, #26 Exhibit ECF #53 Continued - (2287) - Part 03/04 - Response in Opposition, #27 Exhibit ECF #53 Continued - (2287) - Part 04/04 - Response in Opposition, #28 Exhibit ECF #53 Continued - (2297) - Reply to Response in Opposition, #29 Exhibit ECF #53 Continued - (2759) - Motion to Exclude, #30 Exhibit ECF #53 Continued - (2760) - Memo in Support, #31 Exhibit ECF #53 Continued - (2814) Motion to Exclude, #32 Exhibit ECF #53 Continued - (2816) Memo in Support, #33 Exhibit ECF #53 Continued - (2825) - Daubert Motion to Exclude, #34 Exhibit ECF #53 Continued - (2826) Memo in Support of Motion, #35 Exhibit ECF #53 Continued - (2827) - Notice of Adoption of Prior Daubert Motion, #36 Exhibit ECF #53 Continued - (2898) - Notice of Adoption of Prior Daubert Motion, #37 Exhibit ECF #53 Continued - (2907) - Memo in Response to Motion to Exclude, #38 Exhibit ECF #53 Continued - (2910) - Response and Notice of Adoption, #39 Exhibit ECF #53 Continued - (2942) - Response in Opposition, #40 Exhibit ECF #53 Continued - (2949) Memo in Opposition, #41 Exhibit ECF #53 Continued - (2950) - Response to Motion to Exclude, #42 Exhibit ECF #53 Continued - (3011) - Reply inSUpport, #43 Exhibit ECF #53 Continued - (3017) Reply in Support, #44 Exhibit ECF #53 Continued - (3053) - Reply in Support, #45 Exhibit ECF # 53 Continued - (3619) - Part 01/02 - Motion to Exclude, #46 Exhibit ECF # 53 Continued - (3619) - Part 02/02 - Motion to Exclude, #47 Exhibit ECF # 53 Continued - (3621) - Memo in Support of Motion, #48 Exhibit ECF # 53 Continued - (3626) - Part 01/02 - Motion to Limit the Testimony, #49 Exhibit ECF # 53 Continued - (3626) - Part 02/02 - Motion to Limit the Testimony, #50 Exhibit ECF # 53 Continued - (3630) - Memo in Support, #51 Exhibit ECF # 53 Continued - (3665) Motion to Exclude, #52 Exhibit ECF # 53 Continued - (3669) - Memo in Support, #53 Exhibit ECF # 53 Continued - (3767) - Part 01/04 - Response in Opposition, #54 Exhibit ECF # 53 Continued - (3767) - Part 02/04 - Response in Opposition, #55 Exhibit ECF # 53 Continued - (3767) - Part 03/04 - Response in Opposition, #56 Exhibit ECF # 53 Continued - (3767) - Part 04/04 - Response in Opposition, #57 Exhibit ECF # 53 Continued - (3780) - Response to Motion to Exclude, #58 Exhibit ECF # 53 Continued - (3790) - Part 01/03 -Response in Opposition, #59 Exhibit ECF # 53 Continued - (3790) - Part 02/03 - Response in Opposition, #60 Exhibit ECF # 53 Continued - (3790) - Part 03/03 - Response in Opposition, #61 Exhibit ECF # 53 Continued - (3844) - Reply to Notice of Adoption, #62 Exhibit ECF # 53 Continued - (3855) - Reply in Support, #63 Exhibit ECF # 53 Continued - (3869) - Reply in Support, #64 Exhibit ECF # 53 Continued - (3865) - Reply in Support, #65 Exhibit ECF # 53 Continued - (6648) - Notice of Adoption of Motion to Exclude, #66 Exhibit ECF # 53 Continued - (6804) - Notice of Adoption of Prior Daubert Motion, #67 Exhibit ECF # 53 Continued - (6824) - Notice of Adoption, #68 Exhibit ECF # 53 Continued - (6825) - Notice of Adoption, #69 Exhibit ECF # 53 Continued - (6833) - Amended Notice of Adoption, #70 Exhibit ECF # 53 Continued - (6, #71 Exhibit ECF # 53 Continued - (6864) - Notice of Adoption, #72 Exhibit ECF # 53 Continued - (6865) - Notice of Adoption, #73 Exhibit ECF # 53 Continued - (6874) Part 01/03 - Motion to Exclude, #74 Exhibit ECF # 53 Continued - (6874) - Part 02/03 - Motion to Exclude, #75 Exhibit ECF # 53 Continued - (6874) - Part 03/03 - Motion to Exclude, #76 Exhibit ECF # 53 Continued - (6875) - Memo in Support, #77 Exhibit ECF # 53 Continued - (6924) Notice of Adoption, #78 Exhibit ECF # 53 Continued - (6939) - Notice of Adoption, #79 Exhibit ECF # 53 Continued - (6957) - Notice of Adoption, #80 Exhibit ECF # 53 Continued - (6858) Notice of Adoption, #81 Exhibit ECF # 53 Continued - (6965) Notice of Adoption, #82 Exhibit ECF # 53 Continued - (6973) - Notice of Adoption, #83 Exhibit ECF # 53 Continued - (6976) Notice of Adoption, #84 Exhibit ECF # 53 Continued - (6998) - Notice of Adoption, #85 Exhibit ECF # 53 Continued - (7045) - Opposition to Motion to Exclude, #86 Exhibit ECF # 53 Continued - (7085) Amended Adoption, #87 Exhibit ECF # 53 Continued - (7100) - Notice of Adoption, #88 Exhibit ECF # 53 Continued - (7119) - Notice of Adoption, #89 Exhibit ECF # 53 Continued - (7121) Notice of Adoption, #90 Exhibit ECF # 53 Continued - (7123) - Notice of Adoption, #91 Exhibit ECF # 53 Continued - (7133) - Notice of Adoption, #92 Exhibit ECF # 53 Continued - (7143) Notice of Adoption, #93 Exhibit ECF # 53 Continued - (7177) - Notice of doption, #94 Exhibit ECF # 53 Continued - (7179) - Reply in Support of Notice of Adoption, #95 Exhibit ECF # 53 Continued - (7183) - Reply in Support of Notice of Adoption, #96 Exhibit ECF # 53 Continued - (6821) Notice of Adoption of Prior Daubert Motion)(Gage, William) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 55 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit 7639)(Balefsky, Lee) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 54 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit 220, #2 Exhibit 221, #3 Exhibit 223, #4 Exhibit 235, #5 Exhibit 241, #6 Exhibit 261, #7 Exhibit 262, #8 Exhibit 263, #9 Exhibit 264, #10 Exhibit 266, #11 Exhibit 933, #12 Exhibit 934, #13 Exhibit 3128, #14 Exhibit 3950, #15 Exhibit 5235, #16 Exhibit 5313, #17 Exhibit 5328, #18 Exhibit 5414, #19 Exhibit 5581, #20 Exhibit 5668, #21 Exhibit 6787, #22 Exhibit 6788, #23 Exhibit 6789, #24 Exhibit 6790, #25 Exhibit 6800, #26 Exhibit 6801, #27 Exhibit 6804, #28 Exhibit 6806, #29 Exhibit 6812, #30 Exhibit 6817, #31 Exhibit 6818, #32 Exhibit 6824, #33 Exhibit 6826, #34 Exhibit 6828, #35 Exhibit 6829, #36 Exhibit 6831, #37 Exhibit 6837, #38 Exhibit 6843, #39 Exhibit 6845, #40 Exhibit 6847, #41 Exhibit 6848, #42 Exhibit 6849, #43 Exhibit 6850, #44 Exhibit 6851, #45 Exhibit 6853, #46 Exhibit 6855, #47 Exhibit 6856, #48 Exhibit 6857, #49 Exhibit 6858, #50 Exhibit 6859, #51 Exhibit 6860, #52 Exhibit 6861, #53 Exhibit 6862, #54 Exhibit 6863, #55 Exhibit 6864, #56 Exhibit 6924, #57 Exhibit 6925, #58 Exhibit 6926, #59 Exhibit 6927, #60 Exhibit 6928, #61 Exhibit 6929, #62 Exhibit 6930, #63 Exhibit 6932, #64 Exhibit 6934, #65 Exhibit 6936, #66 Exhibit 6938, #67 Exhibit 6940, #68 Exhibit 6945, #69 Exhibit 6950, #70 Exhibit 6951, #71 Exhibit 6953, #72 Exhibit 6955, #73 Exhibit 6956, #74 Exhibit 6957, #75 Exhibit 6958, #76 Exhibit 6959, #77 Exhibit 6960, #78 Exhibit 6961, #79 Exhibit 6962, #80 Exhibit 6963, #81 Exhibit 6964, #82 Exhibit 6988, #83 Exhibit 7038, #84 Exhibit 7090, #85 Exhibit 7113, #86 Exhibit 7116, #87 Exhibit 7144, #88 Exhibit 5283)(Balefsky, Lee) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 53 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 219, #2 238, #3 239)(Balefsky, Lee) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 52 RESPONSE TO #50 ORDER TO SHOW CAUSE by Boston Scientific Corporation (Strongman, Jon) (Modified on 4/22/2019 to add link to #50) (slr). [Transferred from West Virginia Southern on 8/2/2019.] |
Filing 51
ORDER AND SUGGESTION OF REMAND FOR CASES ON EXHIBIT A: Upon receipt of an order to remand from the Clerk of the Judicial Panel on Multidistrict Litigation and the timely filing of any joint designations of the MDL 2327 record by counsel in the individual case, the Clerk of this court, pursuant to 28 U.S.C. 1407, is ORDERED that on 4/21/2019 the cases identified on Exhibit A that are still pending shall be remanded to the United States District Courts identified on Exhibit A; on or before 4/21/2019 the parties are ORDERED to confer and to file all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider, as more fully directed herein; any joint motion to dismiss may be ruled upon and any proper stipulation of dismissal may close a case prior to remand; on the Transfer Date, the Clerk is DIRECTED to utilize the appropriate function in CM/ECF to extract each member case listed on Exhibit A that remains pending and remand it to the corresponding United States District Court listed on Exhibit A; after remand 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 4/11/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: Cases Listed on Exhibit A) (kab) [Transferred from West Virginia Southern on 8/2/2019.]
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Filing 50
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 8/2/2019.]
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Filing 49
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) (mwk) (ADI) [Transferred from West Virginia Southern on 8/2/2019.]
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| Filing 48 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Julia M. Rafferty updating name and/or firm information on behalf of Ethicon, Inc., Johnson & Johnson. (Rafferty, Julia) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 47 NOTICE OF CHANGE OF ATTORNEY INFORMATION by John J. O'Donnell updating name and/or firm information on behalf of Ethicon, Inc., Johnson & Johnson. (O'Donnell, John) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 46 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Joseph E. O'Neil updating name and/or firm information on behalf of Ethicon, Inc., Johnson & Johnson. (O'Donnell, John) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 45 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Joseph E. O'Neil updating name and/or firm information on behalf of Ethicon, Inc., Johnson & Johnson. (O'Neil, Joseph) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 44 MEMORANDUM by Elaine Bartman in opposition to #41 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Balefsky, Lee) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 43 OPPOSITION by Elaine Bartman to #41 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Balefsky, Lee) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 42 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #41 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Rafferty, Julia) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 41 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachment: #1 Exhibits 1 and 2)(Rafferty, Julia) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 40 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING DEPOSITIONS OF PLAINTIFFS' FRIENDS AND FAMILY MEMBERS by Ethicon, Inc., Johnson & Johnson, Boston Scientific Corporation, Elaine Bartman, Linwood Bartman. (Rafferty, Julia) (Modified on 9/18/2018 to add party filers) (lca). [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 39 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Defendant's Non-Retained Expert Disclosures. (Gage, William) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 38 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Rule 26 Designation and Disclosure of Expert Witnesses. (Anielak, Eric) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 37 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by James H. Keale on behalf of Boston Scientific Corporation. (Keale, James) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 36 AMENDED NOTICE OF VIDEOTAPED DEPOSITION by Ethicon, Inc., Johnson & Johnson of John E. Leech, M.D. on July 10, 2018 at 1:00 p.m. (O'Donnell, John) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 35 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by John J. O'Donnell on behalf of Ethicon, Inc., Johnson & Johnson. (O'Donnell, John) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 33 NOTICE OF VIDEOTAPED DEPOSITION by Ethicon, Inc., Johnson & Johnson of John E. Leech, M.D. on 7/10/18 at 1:00 p.m. (Rafferty, Julia) [Transferred from West Virginia Southern on 8/2/2019.] |
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Filing 34
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) (brn) (ADI) [Transferred from West Virginia Southern on 8/2/2019.]
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| Filing 32 AMENDED CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (O'Neil, Joseph) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 31 CERTIFICATE OF SERVICE by Ethicon, Inc. for Ethicon, Inc.'s First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (O'Neil, Joseph) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 30 NOTICE OF VIDEOTAPED DEPOSITION by Ethicon, Inc., Johnson & Johnson of Elaine Bartman on 4/23/2018 at 2:00 p.m. (Rafferty, Julia) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 29 NOTICE OF WITHDRAWAL by Ethicon, Inc., Johnson & Johnson of #25 Notice of Videotaped Deposition (Gage, William) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 28 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Julia M. Rafferty on behalf of Ethicon, Inc., Johnson & Johnson. (Rafferty, Julia) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 27 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Joseph E. O'Neil on behalf of Ethicon, Inc., Johnson & Johnson. (O'Neil, Joseph) [Transferred from West Virginia Southern on 8/2/2019.] |
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Filing 26
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 8/2/2019.]
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| Filing 25 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of John E. Leech on 3/9/18 at 9:00 a.m. (Robinson, Susan) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 24 PLAINTIFF PROFILE FORM filed by Elaine Bartman, Elaine M. Bartman, Linwood Bartman. (Balefsky, Lee) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 23 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 8/2/2019.] |
| Filing 22 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 8/2/2019.] |
| Filing 21 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon A. Strongman on 4/28/2015. (Strongman, Jon) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 20 AMENDED SHORT FORM COMPLAINT filed by Elaine Bartman, Linwood Bartman against Boston Scientific Corporation, Johnson & Johnson, Ethicon, Inc. (Balefsky, Lee) (Modified on 4/18/2015 to correct party filer) (skh). [Transferred from West Virginia Southern on 8/2/2019.] |
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Filing 19
ORDER granting #18 MOTION by Elaine M. Bartman, Linwood Bartman to Withdraw #9 MOTION by Elaine M. Bartman, Linwood Bartman to Remand to the Court of Common Pleas of Philadelphia County; denying as moot #9 MOTION by Elaine M. Bartman, Linwood Bartman to Remand to the Court of Common Pleas of Philadelphia County; denying as moot #17 MOTION by Boston Scientific Corp. for Leave to File a Surreply to Plaintiffs' Reply Memorandum in Support of Motion to Remand. Signed by Judge Joseph R. Goodwin on 1/26/2015. (cc: attys; any unrepresented party) (skh) [Transferred from West Virginia Southern on 8/2/2019.]
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| Filing 18 MOTION by Elaine M. Bartman, Linwood Bartman to Withdraw #9 MOTION by Elaine M. Bartman, Linwood Bartman to Remand to the Court of Common Pleas of Philadelphia County (Balefsky, Lee) (Modified on 1/22/2015 to add party filer) (skh). [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 17 MOTION by Boston Scientific Corp. for Leave to File a Surreply to Plaintiffs' Reply Memorandum in Support of Motion to Remand, with proposed document attached (Attachment: #1 Exhibit A - Surreply)(Strongman, Jon) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 16 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Bonasso on behalf of Boston Scientific Corp.. (Bonasso, Michael) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 15 REPLY by Elaine M. Bartman, Linwood Bartman to #14 Response In Opposition. (Balefsky, Lee) (Modified on 11/11/2014 to correct link to #14 response) (skh). [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 14 RESPONSE by Boston Scientific Corp. in opposition to #9 MOTION by Elaine M. Bartman, Linwood Bartman to Remand to the Court of Common Pleas of Philadelphia County (Attachments: #1 Exhibit A, #2 Exhibit B)(Strongman, Jon) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 13 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jon A. Strongman on behalf of Boston Scientific Corp.. (Strongman, Jon) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 12 TRANSMITTED PRETRIAL ORDER # 143 (Initial Order Regarding Severance of Actions) entered on 10/27/2014 in MDL 2327 to attorneys in member case. (Attachments: #1 Exhibit A, #2 Exhibit B) (kw) [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 11 CASE TRANSFERRED IN from the Pennsylvania Eastern; Case Number 5:14-cv-05414. Original file certified copy of transfer order and docket sheet received. [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 10 Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. 1407 to the Southern District of West Virginia for the reasons stated in the order of February 7, 2012, and, with the consent of that court, assigned to the Honorable Joseph R. Goodwin. (ti, ) [Transferred from Pennsylvania Eastern on 10/27/2014.] [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 9 MOTION to Remand to State Court filed by ELAINE M. BARTMAN, LINWOOD BARTMAN.Proposed Order, Memorandum and Certificate of Service. (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)(TIGER, MICHELLE) [Transferred from Pennsylvania Eastern on 10/27/2014.] [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 8 MOTION to Stay filed by BOSTON SCIENTIFIC CORP..Memorandum, Certificate of Service. (Attachments: #1 Memorandum, #2 Text of Proposed Order)(LOUCKS, ERIN) [Transferred from Pennsylvania Eastern on 10/27/2014.] [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 7 NOTICE by ETHICON WOMEN'S HEALTH AND UROLOGY, ETHICON, INC., GYNECARE, JOHNSON & JOHNSON NOTICE OF PRIOR FILING OF ANSWER, CERTIFICATE OF SERVICE (Attachments: #1 Exhibit A, #2 Exhibit B)(MURPHY, KENNETH) [Transferred from Pennsylvania Eastern on 10/27/2014.] [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 6 ANSWER to Complaint by BOSTON SCIENTIFIC CORP..(LOUCKS, ERIN) [Transferred from Pennsylvania Eastern on 10/27/2014.] [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 5 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by ETHICON WOMEN'S HEALTH AND UROLOGY, ETHICON, INC., GYNECARE, JOHNSON & JOHNSON.(GRAFF, MELISSA) [Transferred from Pennsylvania Eastern on 10/27/2014.] [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 4 NOTICE of Appearance by MELISSA A GRAFF on behalf of ETHICON WOMEN'S HEALTH AND UROLOGY, ETHICON, INC., GYNECARE, JOHNSON & JOHNSON with Certificate of Service(GRAFF, MELISSA) [Transferred from Pennsylvania Eastern on 10/27/2014.] [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 3 NOTICE of Appearance by KENNETH A. MURPHY on behalf of ETHICON WOMEN'S HEALTH AND UROLOGY, ETHICON, INC., GYNECARE, JOHNSON & JOHNSON with Certificate of Service(MURPHY, KENNETH) [Transferred from Pennsylvania Eastern on 10/27/2014.] [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 2 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by BOSTON SCIENTIFIC CORP.(tj, ) [Transferred from Pennsylvania Eastern on 10/27/2014.] [Transferred from West Virginia Southern on 8/2/2019.] |
| Filing 1 NOTICE OF REMOVAL by BOSTON SCIENTIFIC CORP. from Philadelphia CCP, case number 130701325. (Filing fee $ 400 receipt number 108236), Certificate of Service. (Attachments: #1 Ex A, #2 Ex B, #3 Ex C, #4 Civil Cover Sheet, #5 Designation Form, #6 Case Management Track Form)(tj, ) [Transferred from Pennsylvania Eastern on 10/27/2014.] [Transferred from West Virginia Southern on 8/2/2019.] |
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