Schubert v. Ethicon, Inc. et al
| Kimberly Schubert |
| C R BARD INC, ETHICON INC and JOHNSON & JOHNSON |
| 2:2020cv05359 |
| October 27, 2020 |
| US District Court for the Eastern District of Pennsylvania |
| GERALD A MCHUGH |
| P.I.: Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 19, 2020. A more recent docket listing may be available from PACER.
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Filing 27
ORDER THAT THE APPLICATION FOR ADMISSION PRO HAC VICE OF STEVEN D. DAVIS IS GRANTED. SIGNED BY HONORABLE GERALD A. MCHUGH ON 11/19/2020. 11/19/2020 ENTERED AND COPIES MAILED AND E-MAILED.(sg, )
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| Filing 26 APPLICATION for Admission Pro Hac Vice of Steven D. Davis, Esq. by Kimberly Schubert. ( Filing fee $ 40 receipt number 0313-14725179.). (FINKEN, TRACY) |
| MAILED DOC. 25 TO ATTORNEYS WITHOUT EMAIL ADDRESS. (sg, ) Modified on 11/18/2020 (lisad, ). |
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Filing 25
ORDER THAT THE MOTION TO WITHDRAWN MDL COUNSEL IS GRANTED AS OUTLINED HEREIN. SIGNED BY HONORABLE GERALD A. MCHUGH ON 11/13/2020.11/13/2020 ENTERED AND COPIES E-MAILED. NOT MAILED TO COUNSEL.(sg, )
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| Filing 24 MOTION to Withdraw MDL COUNSEL filed by ETHICON INC, JOHNSON & JOHNSON. Certificate of Service.(FLYNN, MOLLY) |
| Filing 23 NOTICE of Appearance by MOLLY ELIZABETH FLYNN on behalf of ETHICON INC, JOHNSON & JOHNSON with Certificate of Service(FLYNN, MOLLY) |
| Filing 22 NOTICE of Appearance by MELISSA A. MERK on behalf of ETHICON INC, JOHNSON & JOHNSON with Certificate of Service(MERK, MELISSA) |
| Filing 21 Case transferred in from District of West Virginia Southern; Case Number 2:17-cv-02265. Original file certified copy of transfer order and docket sheet received. |
| Filing 20 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF (238) First Amended Master Long Form Complaint, #2 Exhibit MDL ECF (239) Master Answer of Ethicon, Inc. to First Amended Master Complaint, #3 Exhibit MDL ECF (241) Master Answer of Johnson & Johnson to First Amended Master Complaint, #4 Exhibit MDL ECF (262) - Short Form Complaint, #5 Exhibit MDL ECF (263) Amended Short Form Complaint)(Gage, William) [Transferred from West Virginia Southern on 10/27/2020.] |
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Filing 19
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 10/27/2020 the cases identified on Exhibit A that are still pending shall be transferred to the United States District Courts identified on Exhibit A pursuant to 28 U.S.C. 1404(a); on or before 10/26/2020 the parties are DIRECTED to confer and to file in each pending individual member case identified in Exhibit A, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the Clerk is DIRECTED to use the appropriate function in CM/ECF to extract each member case listed on Exhibit A that remains pending and transfer it to the corresponding United States District Court listed on Exhibit A; after transfer of each member case listed in Exhibit A that is not dismissed prior to the Transfer Date, the Clerk is DIRECTED to formally close the case and strike it from the docket of this court. Signed by Judge Joseph R. Goodwin on 10/13/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (kew) [Transferred from West Virginia Southern on 10/27/2020.]
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Filing 18
ORDER granting #17 JOINT MOTION by C. R. Bard, Inc., Kimberly Schubert to Dismiss C. R. Bard, Inc. With Prejudice and terminate from the docket in the action, parties to bear their own costs. Other Defendants remain in this action. Signed by Judge Joseph R. Goodwin on 5/8/2019. (cc: attys; any unrepresented party) (mms) [Transferred from West Virginia Southern on 10/27/2020.]
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| Filing 17 JOINT MOTION by C. R. Bard, Inc., Kimberly Schubert to Dismiss C. R. Bard, Inc. With Prejudice. (North, Richard) (Modified on 5/8/2019 to add party filer) (kew). [Transferred from West Virginia Southern on 10/27/2020.] |
| Filing 16 RESPONSE TO ORDER TO SHOW CAUSE by Kimberly Schubert (Davis, Steven) [Transferred from West Virginia Southern on 10/27/2020.] |
| Filing 15 RESPONSE TO ORDER TO SHOW CAUSE by C. R. Bard, Inc. (North, Richard) [Transferred from West Virginia Southern on 10/27/2020.] |
| Filing 14 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 10/27/2020.] |
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Filing 13
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 10/27/2020.]
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Filing 12
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 10/27/2020.]
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Filing 11
ORDER granting the Motions filed in MDL 2327 by Ethicon, Inc., Johnson & Johnson to Substitute Susan M. Robinson as Counsel in lieu of David B. Thomas, and to Substitute William M. Gage as Counsel in lieu of Christy D. Jones; the Clerk is directed to terminate Christy D. Jones and to substitute William M. Gage as counsel of record, both on the main master docket and for each individual member case in MDL 2327 with which Christy D. Jones is associated, and to terminate David B. Thomas and to substitute Susan M. Robinson as counsel of record, both on the main master docket and for each individual member case in MDL 2327 with which David B. Thomas is associated. Signed by Judge Joseph R. Goodwin on 5/24/2018. (cc: counsel of record; any unrepresented party) (lca) (ADI) [Transferred from West Virginia Southern on 10/27/2020.]
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Filing 10
PRETRIAL ORDER # 303 (Amended Docket Control Order - Ethicon, Inc. Wave 8 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 280. The parties are advised that while this order will be entered in the individual cases in the coming days, it is effective as of the day it was entered in the main MDL. The following deadlines immediately apply in all Wave 8 cases: Plaintiff Fact Sheets due by 03/19/2018; Defendant Fact Sheets due by 04/19/2018; Deadline for written discovery requests due by 05/18/2018; Expert disclosures served by plaintiffs pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 07/13/2018; Expert disclosure served by defendants pursuant to Fed R. Civ P. 26 as limited by 3.a. of this order due by 08/13/2018; Expert disclosure served for rebuttal pursuant to Fed R. Civ. P. 26 as limited by 3.a. of this order due by 08/20/2018; Deposition deadline and close of discovery due by 10/04/2018; Filing of Dispositive Motions due by 10/18/2018; Response to Dispositive Motions due by 10/25/2018; Reply to response to Dispositive motions due by 11/01/2018; Filing of Daubert motions due by 10/18/2018; Responses to Daubert motions due by 10/25/2018; and Reply to response to Daubert motions due by 11/01/2018. Signed by Judge Joseph R. Goodwin on 6/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases) (kp) (ADI) [Transferred from West Virginia Southern on 10/27/2020.]
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Filing 9
PRETRIAL ORDER # 280 (Docket Control Order - Ethicon, Inc. Wave 8 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING ETHICON, INC. CASES. The court ORDERS that this Docket Control Order be filed in the main MDL and, as of the time of that filing in every case listed on Exhibit A (hereinafter "Wave 8 cases") becomes subject to the deadlines in this Docket Control Order. For any cases in the Ethicon, Inc. MDL with a Covidien Wave 1 flag, the stay on the flagged Covidien Wave 1 cases is lifted and the Covidien Wave 1 cases in the Ethicon MDL are incorporated in the Ethicon, Inc., Wave 8 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 8 cases: A. Scheduling Deadlines. Plaintiff Fact Sheets due by 3/19/2018, Defendant Fact Sheets due by 4/19/2018, Deadline for written discovery requests due by 5/18/2018, Expert disclosure by plaintiffs due by 6/04/2018, Expert disclosure by defendants due by 7/05/2018, Expert disclosure for rebuttal purposes due by 7/23/2018, Deposition deadline and close of discovery due by 9/04/2018, Deadline to file list of general causation experts in each individual Wave 8 case due by 9/11/2018, Filing of Dispositive Motions due by 9/21/2018, Response to Dispositive Motions due by 10/05/2018, Reply to response to dispositive motions due by 10/12/2018, Filing of Daubert motions due by 10/05/2018, Responses to Daubert motions due by 10/19/2018, and Reply to response to Daubert motions due by 10/26/2018. B.4. Confidential Documents. In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 8/10/2018, and any response is due by 8/24/2018. Any reply is due by 8/31/2018. C.1. Venue Recommendations. By no later than 8/27/2018 the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties are ORDERED to submit joint venue recommendations to the court by 9/03/2018. Additional directives are set forth herein. Signed by Judge Joseph R. Goodwin on 1/30/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases Listed on Exhibit A) (kp) (ADI) [Transferred from West Virginia Southern on 10/27/2020.]
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| Filing 8 PLAINTIFF PROFILE FORM filed by Kimberly Schubert. (Plattenberger, Jacob) [Transferred from West Virginia Southern on 10/27/2020.] |
| Filing 7 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 10/27/2020.] |
| Filing 6 PLAINTIFF PROFILE FORM filed by Kimberly Schubert. (Kramer, Raymond) [Transferred from West Virginia Southern on 10/27/2020.] |
| Filing 5 WAIVER OF SERVICE EXECUTED. Waiver signed by Richard B. North, Jr. on 5/26/17. C. R. Bard, Inc. waiver mailed on 5/15/2017, answer due 7/14/2017. (North, Richard) [Transferred from West Virginia Southern on 10/27/2020.] |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Richard B. North, Jr on behalf of C. R. Bard, Inc.. (North, Richard) [Transferred from West Virginia Southern on 10/27/2020.] |
| Filing 3 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 10/27/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 250 (Order re: Qualified Settlement Fund - Fleming, Nolen & Jez, L.L.P.) entered on 03/27/2017 in MDL 2327 to attorneys in member case. (hkl) [Transferred from West Virginia Southern on 10/27/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-5495198. (Attachments: #1 Civil Cover Sheet) (sas) [Transferred from West Virginia Southern on 10/27/2020.] |
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