Lepley v. Ethicon, Inc. et al
| SHARON LEPLEY |
| ETHICON INC and JOHNSON & JOHNSON |
| 2:2019cv40003 |
| August 6, 2019 |
| US District Court for the Eastern District of Pennsylvania |
| CYNTHIA M RUFE |
| P.I.: Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on August 28, 2019. A more recent docket listing may be available from PACER.
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Filing 53
ORDERED THAT THE CLERK OF COURT SHALL CLOSE CIVIL ACTION NO. 19-40003. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 8/28/19. 8/29/19 ENTERED AND COPIES MAILED AND E-MAILED TO COUNSEL.(jaa, )
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| Filing 52 AMENDED DOCUMENT by SHARON LEPLEY. AMENDED SHORT FORM COMPLAINT. (BALEFSKY, LEE) |
| Filing 51 Case transferred in from District of West Virginia Southern; Case Number 2:14-cv-28548. Original file certified copy of transfer order and docket sheet received. |
| Filing 50 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) (mek) [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 49 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Exh 1 - List of Cases, #2 Exh 2 - Letter)(Gage, William) [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 48 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 239 - MASTER ANSWER AND JURY DEMAND OF DEFENDANT ETHICON, INC. TO FIRST AMENDED MASTER COMPLAINT. (ras)_13906847_1, #2 Exhibit ECF 240 - MASTER ANSWER AND JURY DEMAND OF DEFENDANT ETHICON LLC TO FIRST AMENDED MASTER COMPLAINT, #3 Exhibit ECF 241 - MASTER ANSWER AND JURY DEMAND OF DEFENDANT JOHNSON & JOHNSON TO FIRST AMENDED MASTER COMPLAINT. (ras), #4 Exhibit ECF 1992 - MOTION by All Plaintiffs to Exclude the Opinions and Testimony of Maria Abadi, MD. (Attachmen, #5 Exhibit ECF 1993 - MEMORANDUM by All Plaintiffs in support of 1992 MOTION by All Plaintiffs to Exclude the Opi, #6 Exhibit ECF 2039 - MOTION by All Plaintiffs to Exclude Dr. Shelby Thames. (Attachments_ #1 Exhibit(s) A, # (2, #7 Exhibit ECF 2042 - MEMORANDUM by All Plaintiffs in support of 2039 MOTION by All Plaintiffs to Exclude Dr. She, #8 Exhibit ECF 2060 - MOTION by All Plaintiffs to Exclude the Opinions of FDA Expert Timothy Ulatowski. (Attachment, #9 Exhibit ECF 2065 - MEMORANDUM by All Plaintiffs in support of 2060 MOTION by All Plaintiffs to Exclude the Opi, #10 Exhibit ECF 2134 - RESPONSE by Ethicon Women_s Health & Urology, J&J in oppos to 2060 DAUBERT MOTION by Certai, #11 Exhibit ECF 2187 - RESPONSE by Ethicon Women_s Health and Urology, Johnson & Johnson in opposition to 2039 MOT, #12 Exhibit ECF 2232 - Plaintiffs_ Reply Brief in Support of Their Daubert Motion to Exclude FDA Expert Timothy Ulat, #13 Exhibit ECF 2247 - REPLY in Support of Plaintiffs_ Motion to Exclude the Opinions of Dr. Shelby Thames, #14 Exhibit ECF 2417 - MOTION by Bonnie Maxwell (WVSD CA 2_12-2138) to Exclude the General Opinion Testimony of Dr., #15 Exhibit ECF 2425 - Plaintiffs_ Motion to Limit the Opinions and Testimony of Peter L. Rosenblatt, #16 Exhibit ECF 2428 - Memorandum of law in support of plaintiffs motion to limit the opinions and testimony of DR P, #17 Exhibit ECF 2458 - MEMORANDUM by All Plaintiffs in support of 2455 MOTION by All Plaintiffs to Exclude Opinion, #18 Exhibit ECF 2466 - Memorandum in Support of Plaintiffs Motion to Exclude the General Opinion Testimony of Robert, #19 Exhibit ECF 2488 - Defendants Response in Opposition to Plaintiffs Motion to Exclude the General Opinion Testimo, #20 Exhibit ECF 2535 - Ethicons Memorandum in Opposition to Plaintiffs Motion to Limit the Opinions and Testimony of, #21 Exhibit ECF 2621 - Reply in support of Motion to Exclude the Opinions of Dr. Shelby Thames, #22 Exhibit ECF 2625 - Reply in support of Motion to Limit the Opinions and Testimony of Dr. Peter L. Rosenblatt, #23 Exhibit ECF 2759 - Defendants Motion to Exclude Peggy Pence, PH.D., #24 Exhibit ECF 2760 - Defendants Johnson & Johnson and Ethicon_s Memorandum in Support of Motion to Exclude Peggy P, #25 Exhibit ECF 2818 - Memorandum in Support of Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #26 Exhibit ECF 2841 - Memorandum in support of MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Sh, #27 Exhibit ECF 2910 - NOTICE OF SUPPLEMENTAL RESPONSE AND NOTICE OF ADOPTION OF PRIOR DAUBERT RESPONSE REGARDING TI, #28 Exhibit ECF 2934 - RESPONSE by Ethicon to Plaintiffs Motion to Exclude the Opinions and Testimony of Maria Abadi, #29 Exhibit ECF 2949 - MEMORANDUM by ALL Plaintiffs in Opposition to Defendants Motion to Exclude Peggy Pence, Ph.D., #30 Exhibit ECF 2957 - RESPONSE by Ethicon and Women_s Health and Urology in Opposition to Plaintiffs_ Motion to Exc, #31 Exhibit ECF 3017 - REPLY by Ethicon in Support of Motion to Exclude Peggy Pence, PH.D., #32 Exhibit ECF 3037 - REPLY by ALL Plaintiffs in Support of Motion to Exclude the Opinions of Dr. Shelby Thames, #33 Exhibit ECF 3621 - MEMORANDUM by Ethicon Women_s Health and Urology, Ethicon, LLC, Johnson & Johnson in support, #34 Exhibit ECF 3630 - MEMORANDUM by Ethicon Women_s Health and Urology, Ethicon, LLC, Johnson & Johnson in support, #35 Exhibit ECF 3855 - REPLY IN SUPPORT of Motion to Limit the Testimony of Prof. Dr. Med. Uwe Klinge by Ethicon, Et, #36 Exhibit ECF 3865 - REPLY IN SUPPORT of Motion to Exclude the Opinions & Testimony of Vladimir Iakovlev, M.D. by, #37 Exhibit ECF 332 - MOTION to Exclude Certain General Opinions of Bruce Rosenzweig, M.D. (Wave 7) by Ethicon Wome, #38 Exhibit ECF 5333 - MEMORANDUM by Ethicon Women_s Health & Urology, J&J in support of (5332) MOTION to Exclude Ce, #39 Exhibit ECF 5482 - MEMORANDUM by All Plaintiffs in opposition to (5332) MOTION to Exclude Certain General Opinio, #40 Exhibit ECF 5548 - REPLY by Ethicon Women_s Health and Urology, Johnson & Johnson to 5482 Memorandum In Opposi, #41 Exhibit ECF 6648 - NOTICE of Adoption of Ethicon_s Motion to Exclude the Opinions and Testimony of Prof. Dr. Med, #42 Exhibit ECF 6787 - NOTICE of Adoption of Prior Daubert Motion of Maria Abadi, M.D. for Wave 8 by All Plaintiffs, #43 Exhibit ECF 6821 - NOTICE of Adoption of Prior Daubert Motion to Exclude Peggy Pence, Ph.D., for Ethicon Wave 8, #44 Exhibit ECF 6833 - NOTICE of Amended Notice of Adoption of Ethicon_s Motion to Exclude the Opinions and Testimon, #45 Exhibit ECF 6840 - NOTICE of Adoption of Prior Daubert Motion of Robert M. Rogers, M.D. for Wave 8 by All Plaint, #46 Exhibit ECF 6843 - NOTICE of Adoption of Prior Daubert Motion of Peter L. Rosenblatt, M.D. for Wave 8 by All Pla, #47 Exhibit ECF 6852 - NOTICE of Adoption of Prior Daubert Motion to Exclude Certain General Opinions of Bruce Rosen, #48 Exhibit ECF 6857 - NOTICE of Adoption of Prior Daubert Motion of Shelby Thames for Wave 8 by All Plaintiffs - (H, #49 Exhibit ECF 6860 - NOTICE of Adoption of Prior Daubert Motion of Timothy Ulatowski, M.D. for Wave 8 by All Plain, #50 Exhibit ECF 6875 - MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of 6874 MOTION by Ethicon,, #51 Exhibit ECF 6926 - NOTICE of Adoption of Prior Daubert Response of Prof. Dr. Med. Uwe Klinge for Wave 8 by All P, #52 Exhibit ECF 6947 - NOTICE of Adoption by Ethicon, Inc., Johnson & Johnson re_ 2934 Response In Opposition,, (G, #53 Exhibit ECF 6958 - NOTICE of Adoption of Prior Daubert Response of Peggy Pence, Ph.D. for Wave 8 by All Plaintif, #54 Exhibit ECF 6960 - NOTICE of Adoption of Prior Daubert Response of Bruce Rosenzweig, M.D. for Wave 8 by All Plai, #55 Exhibit ECF 6965 - NOTICE of Adoption of Prior Daubert Response Regarding Timothy Ulatowski for Wave 8 by Ethico, #56 Exhibit ECF 6972 - NOTICE of Adoption of Prior Daubert Response of Shelby Thames, Ph.D. for Wave 8 by Ethicon, I, #57 Exhibit ECF 6993 - NOTICE of Adoption of Prior Daubert Response of Robert Rogers, M.D. for Wave 8 by Ethicon, Jo, #58 Exhibit ECF 7045 - RESPONSE by Cheryl Berden (WVSD CA 2,14-21966) Mark Berden, #59 Exhibit ECF 7085 - NOTICE of Amended Adoption of Prior Daubert Response and Opposition to Defendant Ethicon_s Mo, #60 Exhibit ECF 7107 - NOTICE of Adoption of Prior Daubert Reply of Peter L. Rosenblatt, M.D. for Wave 8 by All Plai, #61 Exhibit ECF 7113 - NOTICE of Adoption of Prior Daubert Reply of Shelby Thames, M.D. for Wave 8 by All Plaintiffs, #62 Exhibit ECF 7123 - NOTICE of Adoption of Prior Daubert Reply Regarding Prof. Dr. Med. Uwe Klinge for Wave 8 by E, #63 Exhibit ECF 7143 - NOTICE of Adoption of Prior Daubert Reply of Timothy Ulatowski, M.D. for Wave 8 by All Plaint, #64 Exhibit ECF 7177 - NOTICE of Adoption of Prior Reply in Support of Daubert Motion to Exclude Peggy Pence, Ph.D., #65 Exhibit ECF 7183 - REPLY by Ethicon, Inc., Johnson & Johnson to 7085 Notice (Other),. (Gage, William), #66 Exhibit ECF 7399 - NOTICE of Adoption of Prior Daubert Response of Shelby Thames, Ph.D. for Election Wave by Eth, #67 Exhibit Segment 001 of ECF 2455 - MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames, #68 Exhibit Segment 002 of ECF 2455 - MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames, #69 Exhibit Segment 001 of ECF 2553 - Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby T, #70 Exhibit Segment 002 of ECF 2553 - Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby T, #71 Exhibit Segment 003 of ECF 2553 - Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby T, #72 Exhibit Segment 001 of ECF 2839 - MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames, #73 Exhibit Segment 002 of ECF 2839 - MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames, #74 Exhibit Segment 001 of ECF 3619 - MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #75 Exhibit Segment 002 of ECF 3619 - MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #76 Exhibit Segment 001 of ECF 3626 - MOTION To Limit the Testimony of Prof. Dr. Med. Uwe Klinge, #77 Exhibit Segment 002 of ECF 3626 - MOTION To Limit the Testimony of Prof. Dr. Med. Uwe Klinge, #78 Exhibit Segment 001 of ECF 3767 - Response by Defendants' in Opposition to Motion to Exclude Uwe Klinge, #79 Exhibit Segment 002 of ECF 3767 - Response by Defendants' in Opposition to Motion to Exclude Uwe Klinge, #80 Exhibit Segment 003 of ECF 3767 - Response by Defendants' in Opposition to Motion to Exclude Uwe Klinge, #81 Exhibit Segment 004 of ECF 3767 - Response by Defendants' in Opposition to Motion to Exclude Uwe Klinge, #82 Exhibit Segment 001 of ECF 3790 - RESPONSE in opposition to MOTION to Exclude the Testimony of Dr. Vladimir Iakovlev, #83 Exhibit Segment 002 of ECF 3790 - RESPONSE in opposition to MOTION to Exclude the Testimony of Dr. Vladimir Iakovlev, #84 Exhibit Segment 003 of ECF 3790 - RESPONSE in opposition to MOTION to Exclude the Testimony of Dr. Vladimir Iakovlev, #85 Exhibit Segment 001 of ECF 6874 - MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Testimony of Dr. Vladirmir Iakovlev, #86 Exhibit Segment 002 of ECF 6874 - MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Testimony of Dr. Vladirmir Iakovlev, #87 Exhibit Segment 003 of ECF 6874 - MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Testimony of Dr. Vladirmir Iakovlev)(Gage, William) [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 47 RESPONSE TO ORDER TO SHOW CAUSE by Sharon Lepley (Balefsky, Lee) [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 46 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit 6803, #2 Exhibit 7639)(Balefsky, Lee) [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 45 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Balefsky, Lee) [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 44 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit 6988, #2 Exhibit 7038, #3 Exhibit 7090, #4 Exhibit 7113, #5 Exhibit 7116, #6 Exhibit 7144)(Balefsky, Lee) [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 43 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit 6951, #2 Exhibit 6955, #3 Exhibit 6956, #4 Exhibit 6957, #5 Exhibit 6958, #6 Exhibit 6959, #7 Exhibit 6960, #8 Exhibit 6961, #9 Exhibit 6962, #10 Exhibit 6963)(Balefsky, Lee) [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 42 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit 6927, #2 Exhibit 6928, #3 Exhibit 6929, #4 Exhibit 6930, #5 Exhibit 6932, #6 Exhibit 6934, #7 Exhibit 6936, #8 Exhibit 6938, #9 Exhibit 6940, #10 Exhibit)(Balefsky, Lee) [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 41 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit 6857, #2 Exhibit 6858, #3 Exhibit 6859, #4 Exhibit 6860, #5 Exhibit 6861, #6 Exhibit 6862, #7 Exhibit 6863, #8 Exhibit 6864, #9 Exhibit 6924, #10 Exhibit 6925)(Balefsky, Lee) [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 40 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit 6837, #2 Exhibit 6843, #3 Exhibit 6845, #4 Exhibit 6847, #5 Exhibit 6848, #6 Exhibit 6849, #7 Exhibit 6850, #8 Exhibit 6851, #9 Exhibit 6853, #10 Exhibit 6855)(Balefsky, Lee) [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 39 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit 6801, #2 Exhibit 6804, #3 Exhibit 6806, #4 Exhibit 6812, #5 Exhibit 6817, #6 Exhibit 6818, #7 Exhibit 6824, #8 Exhibit 6826, #9 Exhibit 6828, #10 Exhibit 6829)(Balefsky, Lee) [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 38 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc.. (Attachments: #1 Exhibit 3950, #2 Exhibit 5235, #3 Exhibit 5313, #4 Exhibit 5414, #5 Exhibit 5581, #6 Exhibit 5668, #7 Exhibit 6787, #8 Exhibit 6788, #9 Exhibit 6789, #10 Exhibit 6790)(Balefsky, Lee) [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 37 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc.. (Attachments: #1 Exhibit 223, #2 Exhibit 239, #3 Exhibit 241, #4 Exhibit 261, #5 Exhibit 262, #6 Exhibit 263, #7 Exhibit 264, #8 Exhibit 266, #9 Exhibit 933, #10 Exhibit 934)(Balefsky, Lee) [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 36 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 219, #2 220, #3 238)(Balefsky, Lee) [Transferred from West Virginia Southern on 8/6/2019.] |
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Filing 35
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 8/6/2019.]
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Filing 34
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 8/6/2019.]
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Filing 33
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 8/6/2019.]
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| Filing 32 MEMORANDUM by Sharon Lepley in opposition to #29 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Balefsky, Lee) [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 31 OPPOSITION by Sharon Lepley to #29 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)(Balefsky, Lee) [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 30 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #29 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Robinson, Susan) [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 29 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachment: #1 Exhibit A)(Robinson, Susan) (Modified on 10/16/2018 to convert to a motion for partial summary judgment)(rmc). [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 28 RETURN OF SERVICE ON SUBPOENA for Dr. Julia Redcay. (Robinson, Susan) [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 27 THIRD AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Julia Redcay on 11/20/18 at 9:00 a.m. (Robinson, Susan) [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 26 NOTICE OF VIDEO DEPOSITIONS by Ethicon, Inc., Johnson & Johnson of Friends and Family: Lacey Jo Lepley Kostic; Sandy Worthy; Katrina Moyer; Phyllis Sholter; Janet Bettleyon; Sharon Moyer on a Date to Be Determined (Robinson, Susan) [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 25 SECOND AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Julia Redcay on 9/18/18 at 9:00 a.m. (Robinson, Susan) [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 24 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 8/6/2019.] |
| Filing 23 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Julia Redcay on 8/21/18 at 1:00 p.m. (Robinson, Susan) [Transferred from West Virginia Southern on 8/6/2019.] |
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Filing 22
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 8/6/2019.]
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| Filing 21 CERTIFICATE OF SERVICE by Sharon Lepley for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Balefsky, Lee) [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 20 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (Combs, Philip) [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 19 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Sharon Lepley on 4/11/18 at 2:00 p.m. (Robinson, Susan) [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 17 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Julia Redcay on 3/19/18 at 9:00 a.m. (Robinson, Susan) [Transferred from West Virginia Southern on 8/6/2019.] |
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Filing 18
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) (mks) [Transferred from West Virginia Southern on 8/6/2019.]
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| Filing 16 PLAINTIFF PROFILE FORM filed by Sharon Lepley. (Jimenez, Priscilla) [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 15 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 8/6/2019.] |
| Filing 14 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 8/6/2019.] |
| Filing 13 AMENDED SHORT FORM COMPLAINT filed by Sharon Lepley against Ethicon, Inc., Johnson & Johnson. (Balefsky, Lee) [Transferred from West Virginia Southern on 8/6/2019.] |
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Filing 12
ORDER granting #11 MOTION by Sharon Lepley to Withdraw #4 Motion to Remand; denying as moot #4 Motion to Remand. Signed by Judge Joseph R. Goodwin on 2/24/2015. (cc: attys; any unrepresented party) (skh) [Transferred from West Virginia Southern on 8/6/2019.]
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| Filing 11 MOTION by Sharon Lepley to Withdraw #4 Motion to Remand (Balefsky, Lee) (Modified on 2/21/2015 to add link to #4 motion to remand)(skh). [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 10 REPLY by Sharon Lepley to #9 Brief In Opposition. (Tiger, Michelle) [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 9 BRIEF by Ethicon, Inc., Johnson & Johnson in opposition to #4 MOTION to Remand (Attachments: #1 Exhibit A, #2 Exhibit B)(Thomas, David) [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 8 TRANSMITTED PRETRIAL ORDER # 154 (Final Order Regarding Severance of Actions) entered on 11/14/2014 in MDL 2327 to attorneys in member case. (kw) [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 7 TRANSMITTED PRETRIAL ORDER # 154 (Final Order Regarding Severance of Actions) entered on 11/14/2014 in MDL 2327 to attorneys in member case. (kw) [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 6 CASE TRANSFERRED IN from the Pennsylvania Eastern; Case Number 2:14-cv-06113. Original file certified copy of transfer order and docket sheet received. [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 5 Certified Copy of Conditional Transfer Order that pursuant to Rule 7.1 the actions on the attached schedule are transferred under 28 USC 1407 to the Southern District of West Virginia and assigned to the Honorable Joseph R. Goodwin. 11/14/2014 Signed by Jeffery N. Luthi, Clerk of the Panel. (kp, ) [Transferred from Pennsylvania Eastern on 11/18/2014.] [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 4 MOTION to Remand to State Court filed by SHARON LEPLEY.Memorandum. (Attachments: #1 Text of Proposed Order Order, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G)(TIGER, MICHELLE) [Transferred from Pennsylvania Eastern on 11/18/2014.] [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 3 ANSWER to Complaint by ETHICON, INC., JOHNSON & JOHNSON. (Attachments: #1 Exhibit A, #2 Exhibit B)(GRAFF, MELISSA) [Transferred from Pennsylvania Eastern on 11/18/2014.] [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 2 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by ETHICON, INC., JOHNSON & JOHNSON.(tj, ) [Transferred from Pennsylvania Eastern on 11/18/2014.] [Transferred from West Virginia Southern on 8/6/2019.] |
| Filing 1 NOTICE OF REMOVAL by ETHICON, INC., JOHNSON & JOHNSON from Philadelphia CCP, case number 140401455. (Filing fee $ 400 receipt number 110194), Certificate of Service. (Attachments: #1 Civil Cover Sheets, #2 Ex A, #3 Ex B, #4 Ex C, #5 Ex D)(tj, ) [Transferred from Pennsylvania Eastern on 11/18/2014.] [Transferred from West Virginia Southern on 8/6/2019.] |
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