ATKINSON et al v. ETHICON, INC.
| ROY E. ATKINSON, ROY ATKINSON and BARBARA M. ATKINSON |
| ETHICON INC. |
| 2:2019cv00485 |
| April 29, 2019 |
| US District Court for the Western District of Pennsylvania |
| Cathy Bissoon |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Filing 40 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-14888. Original file certified copy of transfer order and docket sheet received. |
| Filing 39 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) |
| Filing 38 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc. (Attachments: #1 Exhibit List of Cases, #2 Exhibit Letter)(Gage, William) |
| Filing 37 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 238 - Complaint, #2 Exhibit ECF 239 - MASTER ANSWER AND JURY DEMAND, #3 Exhibit ECF 240 - MASTER ANSWER AND JURY DEMAND, #4 Exhibit ECF 241 - FIRST AMENDED MASTER COMPLAINT, #5 Exhibit ECF 2060 - Plaintiffs' Daubert Motion to Exclude, #6 Exhibit ECF 2065 - MEMORANDUM by All Plaintiffs in support of 2060 , #7 Exhibit ECF 2081 - Plaintiffs_ Daubert Motion to Exclude or, in the Alternative, to Limit, #8 Exhibit ECF 2084 - Plaintiffs_ Motion and Memorandum in Support of Plaintiffs, #9 Exhibit ECF 2134 - Response in Opposition to Motion to Exclude Timothy Ulatowski, #10 Exhibit ECF 2151 - MEMORANDUM by All Defendants in opposition to [2081, #11 Exhibit ECF 2206 - MEMORANDUM by All Plaintiffs in support of 2205 , #12 Exhibit ECF 2232 - Plaintiffs_ Reply Brief in Support of Their Daubert Motion, #13 Exhibit ECF 2297 - REPLY by All Plaintiffs to 2287 , #14 Exhibit ECF 2425 - Plaintiffs_ Motion to Limit the Opinions, #15 Exhibit ECF 2428 - Memorandum of law in support of plaintiffs motion, #16 Exhibit ECF 2535 - Ethicons Memorandum in Opposition to Plaintiffs, #17 Exhibit ECF 2625 - Reply in support of Motion to Limit the Opinions, #18 Exhibit ECF 2825 - Motion to Exclude or limit the Opinions, #19 Exhibit ECF 2826 - Memorandum in support to Exclude, #20 Exhibit ECF 2910 - NOTICE OF SUPPLEMENTAL RESPONSE, #21 Exhibit ECF 2942 - RESPONSE by Defendants IN OPPISITION, #22 Exhibit ECF 3053 - REPLY by ALL Plaintiffs in Support of Daubert Motion, #23 Exhibit ECF 6824 - NOTICE of Adoption of Prior Daubert Motion of Steven MacLean, #24 Exhibit ECF 6843 - NOTICE of Adoption of Prior Daubert Motion of Peter L. Rosenblatt, #25 Exhibit ECF 6860 - NOTICE of Adoption of Prior Daubert Motion of Timothy Ulatowski, #26 Exhibit ECF 6898 - DAUBERT MOTION to Exclude or, in the Alternative, to Limit, #27 Exhibit ECF 6900 - MEMORANDUM OF LAW by All Plaintiffs in support of (2081, #28 Exhibit ECF 6965 - NOTICE of Adoption of Prior Daubert Response Regarding Timothy Ulatowsk, #29 Exhibit ECF 6980 - NOTICE of Adoption of Prior Daubert Response Regarding Peter Rosenblatt, #30 Exhibit ECF 6998 - NOTICE of Adoption of Prior Daubert Response of Steven Maclean, #31 Exhibit ECF 7018 - Motion to Exclude Certain Opinions of Debra, #32 Exhibit ECF 7100 - NOTICE of Adoption of Prior Daubert Reply of Steven Ma, #33 Exhibit ECF 7101 - NOTICE of Adoption of Prior Daubert Reply of Peter L. Rosenblatt, #34 Exhibit ECF 7143 - NOTICE of Adoption of Prior Daubert Reply of Timothy Ulatowski, #35 Exhibit ECF 2205 - Segment 001 MOTION to Exclude Testimony of Steven MacLean, #36 Exhibit ECF 2205 - Segment 002 MOTION to Exclude Testimony of Steven MacLean, #37 Exhibit ECF 2205 - Segment 003 MOTION to Exclude Testimony of Steven MacLean, #38 Exhibit ECF 2287 - Segment 001 Defendants Response in Opposition to Plaintiffs Motion to Exclude, #39 Exhibit ECF 2287 - Segment 002 Defendants Response in Opposition to Plaintiffs Motion to Exclude)(Gage, William) |
Filing 36
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)
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Filing 35
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)
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| NOTICE OF DOCKET CORRECTION re: #34 WITHDRAWAL by Randal M. Whitlatch of Appearance on behalf of Ethicon, Inc. ERROR: Document filed as a motion. CORRECTION: Motion terminated and event converted to a notice of withdrawal) (mk). |
| Filing 34 WITHDRAWAL by Randal M. Whitlatch of Appearance on behalf of Ethicon, Inc. (Whitlatch, Randal) (Modified on 4/2/2019 to convert to notice of withdrawal) (mk). |
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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) (sak) (ADI)
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Filing 32
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) (ts) (ADI)
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| Filing 31 MEMORANDUM OF LAW by Ethicon, Inc. in support of #30 MOTION by Ethicon, Inc. for Partial Summary Judgment (Merk, Melissa) |
| Filing 30 MOTION by Ethicon, Inc. for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B)(Merk, Melissa) |
| Filing 29 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING DEPOSITIONS OF PLAINTIFFS FRIENDS AND FAMILY MEMBERS by Ethicon, Inc., Barbara M. Atkinson (Merk, Melissa) (Modified on 10/9/2018 to add party filer)(rmc). |
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Filing 28
ORDER denying #25 MOTION by Ethicon, Inc. and Supporting Memorandum to Dismiss for Failure to Comply with PTO 303 or Alternatively to Show Cause for Failure to Comply with PTO 303 and Request for Expedited Briefing. Signed by Judge Joseph R. Goodwin on 8/16/2018. (cc: attys; any unrepresented party) (st)
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| Filing 27 CERTIFICATE OF SERVICE by Ethicon, Inc. for Designation and Disclosure of General and Case Specific Expert Witnesses and Defendant's Non-Retained Expert Disclosures. (Gage, William) |
| Filing 26 NOTICE of Plaintiffs' Failure to File Response to Defendants' Motion to Dismiss for Failure to Comply with PTO 303 or Alternatively for Plaintiffs to Show Cause for Failure to Comply with PTO 303 by Ethicon, Inc. (Attachments: #1 Appendix A, B & C)(Gage, William) |
| Filing 25 MOTION by Ethicon, Inc. and Supporting Memorandum to Dismiss for Failure to Comply with PTO 303 or Alternatively to Show Cause for Failure to Comply with PTO 303 and Request for Expedited Briefing. (Modified text on 7/26/2018) (slr). |
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Filing 23
ORDER The #21 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss for Failure to Comply With PTO 280 or Alternatively for Plaintiffs to Show Cause for Failure to Comply With PTO 280 or for Alternative Relief, Request for Expedited Briefing is DENIED as moot. Signed by Judge Joseph R. Goodwin on 6/14/2018. (cc: counsel of record; any unrepresented party) (REF: Cases Listed on Appendix A & B) (st)
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| Filing 22 NOTICE of Withdrawal by Ethicon, Inc. of #21 MOTION by Ethicon, Inc. to Dismiss (Gage, William) |
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Filing 24
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) (mmw)
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| Filing 21 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss for Failure to Comply With PTO 280 or Alternatively for Plaintiffs to Show Cause for Failure to Comply With PTO 280 or for Alternative Relief, Request for Expedited Briefing and Supporting Memorandum (Gage, William) |
| Filing 20 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admissions and Requests for Production to Plaintiffs. (Merk, Melissa) |
| Filing 19 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Eileen Marie Somers on behalf of Ethicon, Inc.. (Somers, Eileen) |
| Filing 18 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc. of Barbara Atkinson on May 24, 2018 at 12:00 p.m. (Merk, Melissa) |
| Filing 17 NOTICE OF WITHDRAWAL OF NOTICE OF DEPOSITION by Ethicon, Inc. re: #15 Notice of Videotaped Deposition. (Sutherland, Kari) |
| Filing 15 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc. of Dr. Rebecca Hanigosky on 3/15/2018 at 9:00 a.m. (Gage, William) |
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Filing 16
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) (lca) (ADI)
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Filing 14
ORDER: Based on representation of counsel that Laura H. Dixon no longer represents any party in this MDL or any party in any member case, the above-named counsel is terminated where she appears as counsel for any party in this MDL and in any member case. Signed by Judge Joseph R. Goodwin on 5/5/2014. (cc: attys; any unrepresented party) (klc)
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| Filing 13 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc. (Thomas, David) |
| Filing 12 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc.. (Jones, Christy) |
| Filing 11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc.. (Gage, William) |
| Filing 10 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc.. (Sutherland, Kari) |
| Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Laura H. Dixon on behalf of Ethicon, Inc.. (Dixon, Laura) |
| Filing 8 AMENDED SHORT FORM COMPLAINT filed by Barbara M. Atkinson, Roy E. Atkinson against Ethicon, Inc. (Quinn, John) (Modified on 7/24/2013 to add party filer) (skh). |
| Filing 7 TRANSMITTED PRETRIAL ORDER # 53 (AGREED ORDER AND STIPULATION REGARDING THIRD PARTY SUBPOENAS) entered on 06/12/2013 in MDL 2327 to attorneys in member case. (jap) |
| Filing 6 CASE TRANSFERRED IN from the Pennsylvania Western; Case Number 2:13-cv-00697. Original file certified copy of transfer order and docket sheet received. |
| Filing 5 Certified Copy of Conditional Transfer Order received from Southern District of West Virginia. (ksa) [Transferred from Pennsylvania Western on 6/19/2013.] |
| Filing 4 Conditional Transfer Order received from the Judicial Panel on Multi-District Litigation. (ksa) [Transferred from Pennsylvania Western on 6/19/2013.] |
| Filing 3 Disclosure Statement identifying Johnson & Johnson as corporate parent or other affiliate, by ETHICON, INC. (Zeszutek, C.) Modified docket on 5/23/2013. (tt) [Transferred from Pennsylvania Western on 6/19/2013.] |
| Filing 2 ANSWER to Complaint and Affirmative Defenses by ETHICON, INC. (Zeszutek, C.) [Transferred from Pennsylvania Western on 6/19/2013.] |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Notice of Removal. ERROR: Party did not file disclosure statement as required pursuant to L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. This message is for informational purposes only. Disclosure Statement due by 5/28/2013. (ept) [Transferred from Pennsylvania Western on 6/19/2013.] |
| Filing 1 NOTICE OF REMOVAL from Court of Common Pleas of Allegheny County, case number G.D. 12-024597 with jury demand (Filing fee, including Administrative fee, $400, receipt number 2792332), filed by ETHICON, INC.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Complaint, #3 Exhibit B - Notice of Notice of Removal) (plh) [Transferred from Pennsylvania Western on 6/19/2013.] |
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