ROSE v. JOHNSON & JOHNSON
| MICHELLE ROSE |
| JOHNSON & JOHNSON |
| 2:2019cv00487 |
| April 29, 2019 |
| US District Court for the Western District of Pennsylvania |
| David S Cercone |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 43 Case transferred in from District of West Virginia Southern; Case Number 2:14-cv-00755. Original file certified copy of transfer order and docket sheet received. |
| Filing 42 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 41 RESPONSE TO ORDER TO SHOW CAUSE by Johnson & Johnson (Attachments: #1 Exh 1-List of Cases, #2 Exh 2- Letter)(Gage, William) |
Filing 40
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 39
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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Filing 38
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)
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Filing 37
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) (klc) (ADI)
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| Filing 36 MEMORANDUM by Johnson & Johnson in support of #35 MOTION by Johnson & Johnson for Summary Judgment (Merk, Melissa) |
| Filing 35 MOTION by Johnson & Johnson for Summary Judgment (Merk, Melissa) |
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Filing 34
ORDER denying #30 MOTION AND SUPPORTING MEMORANDUM by Ethicon, Inc., Johnson & Johnson to Dismiss for Failure to Comply with PTO 303 or Alternatively to Showcause for Failure to Comply with PTO 303 and Request for Expedited Briefing. Signed by Judge Joseph R. Goodwin on 8/17/2018. (cc: attys; any unrepresented party) (kp)
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| Filing 33 MOTION by Johnson & Johnson for Protective Order Regarding PTO 303 Deadline for Submission of Expert Disclosure (Gage, William) |
| Filing 32 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 Johnson & Johnson (Attachments: #1 Appendix A, B & C)(Gage, William) |
| Filing 31 MAIL RETURNED AS UNDELIVERABLE: #28 Order sent to Michelle Rose at #3 133 North Jefferson Avenue, Canonburg PA 15317. (mek) |
| Filing 30 MOTION AND SUPPORTING MEMORANDUM by Ethicon, Inc., Johnson & Johnson to Dismiss for Failure to Comply with PTO 303 or Alternatively to Showcause for Failure to Comply with PTO 303 and Request for Expedited Briefing (Gage, William) |
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Filing 28
ORDER The #26 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) (mk)
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| Filing 27 NOTICE OF WITHDRAWAL by Johnson & Johnson of #26 MOTION by 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 (Gage, William) |
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Filing 29
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) (lca) (ADI)
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| Filing 26 MOTION by 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 25 CERTIFICATE OF SERVICE by Johnson & Johnson for First Set of Interrogatories, Requests for Admissions and Requests for Production to Plaintiff. (Merk, Melissa) |
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Filing 24
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)
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| Filing 23 CERTIFICATE OF SERVICE filed by Michelle Rose for a copy of the #19 Order to plaintiff (Attachment: #1 Last e-mail from client)(Schuchardt, Elliott) (Modified on 7/21/2016 to add link to #19 order) (skh). |
| Filing 22 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Johnson & Johnson. (Gage, William) |
| Filing 21 RETURN RECEIPT CARD received re: #19 Order. (klc) |
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Filing 19
ORDER granting #13 MOTION by Elliott J. Schuchardt to Withdraw as Counsel for Michelle Rose. Elliott J. Schuchardt of Schuchardt Law Firm is excused as counsel on behalf of Michelle Rose. Plaintiff is warned that she must comply with all court orders and deadlines, or risks sanctions, up to and including dismissal of her case. If plaintiff wishes to receive email notification of case activity by way of Notice of Electronic Filing in a Civil Action, she must (1) register for a PACER account at www.pacer.gov; AND (2) consent in writing to accept service by email notification of all documents (exceptsummons and complaint, discovery materials and Rule 26 disclosures, and waive her right to personal service or service by first class mail pursuant to Fed. R. Civ. P. 5(b)(2)(D)). This consent must be filed in this case, and plaintiff must state that she has received the PACER account and provide her email address. Until then, defendant must serve plaintiff by U.S. Mail as listed on the docket. It is further ORDERED that counsel send a copy of this order to plaintiff, via any email address he may have for plaintiff, and via regular mail to her last known address. The court DIRECTS the Clerk to include plaintiffs last known contact information on the docket, send a copy of this Order to counsel of record and to plaintiff, via certified mail, return receipt requested to her last known address. Signed by Judge Joseph R. Goodwin on 12/29/2015. (cc: attys; plaintiff, via certified mail, return receipt requested) (klc)
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| Filing 20 MAIL RETURNED AS UNDELIVERABLE: #16 Order sent to Michelle Rose at 84 West Wheeling Street, Washington, PA 15301. Marked Return to Sender, Unclaimed, Unable to Forward. (ts) |
| Filing 18 MAIL RETURNED AS UNDELIVERABLE: #16 ORDER sent to Michelle Rose at 133 N. Jefferson Avenue, #3, Canonsburg, PA 15317. Marked to Return to Sender, Unclaimed, Unable to Forward. (kp) |
| Filing 17 CERTIFICATE OF SERVICE filed by Michelle Rose for a true and correct copy of the Court's order, dated November 25, 2015 (Schuchardt, Elliott) |
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Filing 16
ORDER re: #13 MOTION by Elliott J. Schuchardt to Withdraw as Counsel for Michelle Rose; if plaintiff, Michelle Rose, wishes to respond to the motion to withdraw, she must do so on or before 12/16/2015. If plaintiff does not respond, the Motion to Withdraw as Counsel may be granted. Plaintiff is advised that in the event the Motion to Withdraw is granted, she will be responsible for complying with all deadlines and risks sanctions up to and including dismissal of her claims for failure to comply with any courtimposed deadlines. Plaintiff's counsel is directed to send a copy of this order to plaintiff, via any email address he may have for plaintiff, and via regular mail to plaintiffs last known addresses. Signed by Judge Joseph R. Goodwin on 11/25/2015. (cc: counsel of record; plaintiff, Michelle Rose, via certified mail, return receipt requested to 133 N. Jefferson Avenue, # 3, Canonsburg, PA 15317 and to 84 West Wheeling Street, Washington, PA 15301) (kp)
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Filing 15
ORDER vacating #14 ORDER denying #13 Motion by Elliott J. Schuchardt to Withdraw as Counsel for Michelle Rose entered on 10/30/2015. Signed by Judge Joseph R. Goodwin on 11/25/2015. (cc: counsel of record; any unrepresented party) (ts)
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Filing 14
VACATED PURSUANT TO THE #15 ORDER ENTERED 11/25/2015: ORDER denying #13 MOTION by Elliott J. Schuchardt to Withdraw as Counsel for Michelle Rose. Signed by Judge Joseph R. Goodwin on 10/30/2015. (cc: attys; any unrepresented party) (ts) (Modified on 11/29/2015 to note order has been vacated) (skh).
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| Filing 13 MOTION by Elliott J. Schuchardt to Withdraw as Counsel for Michelle Rose. (Attachment: #1 Proposed Order) (skh) |
| Filing 12 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Johnson & Johnson. (Jones, Christy) |
| Filing 11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Johnson & Johnson. (Thomas, David) |
| Filing 10 TRANSMITTED PRETRIAL ORDER # 95 (AGREED ORDER RE: DISMISSAL OF ADDITIONAL COOK ENTITIES IN ALL CASES) entered on 01/17/2014 in MDL 2327 to attorneys in member case. (cbo) |
| Filing 9 CASE TRANSFERRED IN from the Pennsylvania Western; Case Number 2:13-cv-01816. Original file certified copy of transfer order and docket sheet received. |
| Filing 8 Certified Copy of Conditional Transfer Order received from Southern District of West Virginia. (jsp) [Transferred from Pennsylvania Western on 1/8/2014.] |
| Filing 7 Conditional Transfer Order received from the Judicial Panel on Multi-District Litigation. (tt) [Transferred from Pennsylvania Western on 1/8/2014.] |
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Filing 6
ORDER granting #3 Motion to Stay All Proceedings Pending Decision on Transfer to MDL No. 2327. Case stayed pending furtter action by this Court or transfer by United States Judicial Panel on Multidistrict Litigation. This case is administratively closed pending a ruling on transfer. Signed by Judge David S. Cercone on 1/3/14. (njt) [Transferred from Pennsylvania Western on 1/8/2014.]
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| Filing 5 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (kak) [Transferred from Pennsylvania Western on 1/8/2014.] |
| Filing 4 BRIEF in Support re #3 Motion to Stay All Proceedings filed by JOHNSON & JOHNSON. (Zeszutek, C.) [Transferred from Pennsylvania Western on 1/8/2014.] |
| Filing 3 MOTION to Stay All Proceedings by JOHNSON & JOHNSON. (Attachments: #1 Proposed Order) (Zeszutek, C.) [Transferred from Pennsylvania Western on 1/8/2014.] |
| Filing 2 Disclosure Statement re #1 Notice of Removal identifying None as corporate parent or other affiliate, by JOHNSON & JOHNSON. (jv) [Transferred from Pennsylvania Western on 1/8/2014.] |
| Filing 1 NOTICE OF REMOVAL from Court of Common Pleas of Allegheny County, case number AD - 13 - 019291 (Filing fee, including Administrative fee, $400, receipt number 0315-3038567), filed by JOHNSON & JOHNSON. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Including Complaint, #3 Exhibit B) (jv) [Transferred from Pennsylvania Western on 1/8/2014.] |
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