MCCAFFREY v. ETHICON, INC. et al
| ELIZABETH MCCAFFREY |
| ENDO PHARMACEUTICALS, INC., AMERICAN MEDICAL SYSTEMS, INC., ENDO HEALTH SOLUTIONS INC., JOHNSON & JOHNSON, AMERICAN MEDICAL SYSTEMS HOLDINGS, INC., ETHICON, LLC and ETHICON INC. |
| 2:2019cv01423 |
| November 4, 2019 |
| US District Court for the Western District of Pennsylvania |
| Maureen P Kelly |
| William S Stickman |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 56 NOTICE of Appearance by Lee Balefsky on behalf of ELIZABETH MCCAFFREY. (Balefsky, Lee) |
Filing 55
ORDER OF COURT. #29 Defendants' Motion for Partial Summary Judgment is DENIED WITHOUT PREJUDICE. Any motion may be re-filed according to the schedule that will be issued at the 05/04/20 telephonic post-discovery status conference. Signed by Judge William S. Stickman on 12/04/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
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Filing 54
SCHEDULING ORDER. Fact and Expert Discovery due by 5/1/2020; Telephonic Post-Discovery Status Conference set for 5/4/2020 at 9:30 AM before Judge William S. Stickman; call parameters outlined herein; Index due by 1/31/2020. Signed by Judge William S. Stickman on 12/04/19. (eca)
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| Filing 53 Minute Entry for proceedings held before Judge William S. Stickman: Telephonic Status Conference held on 12/4/2019. (Court Reporter: None) (eca) |
| Filing 52 NOTICE of Appearance by Regan Sari Safier on behalf of ELIZABETH MCCAFFREY. (Safier, Regan) |
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Filing 51
ORDER GRANTING #50 Motion to Withdraw as Attorney. Appearances of Attorneys Christy D. Jones; Susan M. Robinson; Kari L. Sutherland; David B. Thomas; Philip J. Combs and William M. Gage TERMINATED; GRANTING #50 Motion to Substitute. Signed by Judge William S. Stickman on 11/21/19. (eca)
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| Filing 50 MOTION to Withdraw as Attorney , MOTION to Substitute Attorney by ETHICON INC., JOHNSON & JOHNSON. (Attachments: #1 Proposed Order) (Bode, Frederick) |
| Filing 49 NOTICE of Appearance by Michael A. Muha on behalf of ETHICON INC., JOHNSON & JOHNSON. (Muha, Michael) |
| Filing 48 NOTICE of Appearance by Kristen Hock Prex on behalf of ETHICON INC., JOHNSON & JOHNSON. (Prex, Kristen) |
| Filing 47 NOTICE of Appearance by Frederick W. Bode, III on behalf of ETHICON INC., JOHNSON & JOHNSON. (Bode, Frederick) |
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Filing 46
ORDER SCHEDULING TELEPHONIC STATUS CONFERENCE. A Telephonic Status Conference is scheduled for 12/4/2019 at 9:00 AM before Judge William S. Stickman. Counsel for Plaintiff is directed to manage the call and to contact Chambers at 412-208-7390 once all parties are connected. Signed by Judge William S. Stickman on 11/19/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
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Filing 45
ORDER OF RECUSAL. Magistrate Judge Maureen P. Kelly recused. The Clerk of Court is directed to reassign this case to another judge. Signed by Magistrate Judge Maureen P. Kelly on 11/18/2019. (tjw)
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| Judge William S. Stickman added as presiding. (cjo) |
| Filing 44 Case transferred in from District of West Virginia Southern; Case Number 2:12-cv-09706. Original file certified copy of transfer order and docket sheet received. |
| Filing 43 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit (2015) P mte Dr. Stephen Factor, #2 Exhibit (2039) Plaintiffs' Motion to Exclude the Opinions and Testimony of Shelby Thames, #3 Exhibit (2060) P mte Ulatowski, #4 Exhibit (2455) P mte Thames, #5 Exhibit (2455) P mte Thames Part 2, #6 Exhibit (2841) memo MTE Thames, #7 Exhibit (2931) Plaintiff's memo in opp to MTE Rosi w exhibits, #8 Exhibit (3037) P reply mte Thames, #9 Exhibit (3617) P mte Dr. Wagner, #10 Exhibit (3767)PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO EXCLUDE THE OPINIONS AND TESTIMONY OF PROF. DR. MED. UWE KLINGE part 1, #11 Exhibit (3767) PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO EXCLUDE THE OPINIONS AND TESTIMONY OF PROF. DR. MED. UWE KLINGE part 2, #12 Exhibit (3767) PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO EXCLUDE THE OPINIONS AND TESTIMONY OF PROF. DR. MED. UWE KLINGE Part 3, #13 Exhibit (3767) PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO EXCLUDE THE OPINIONS AND TESTIMONY OF PROF. DR. MED. UWE KLINGE Part 4, #14 Exhibit (3788) P memo in opp to MTE Parisian, #15 Exhibit (5482) P memo in opp to MTE Rosenzweig w exh, #16 Exhibit (7045) P opp memo to D mte Iakovlev)(Balefsky, Lee) |
| Filing 42 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 7123 - NOTICE of Adoption of Prior Daubert Reply Regarding Prof. Dr. Med. Uwe Klinge for Wave 8 by Ethicon, Inc., Johnson & Johnson re: 3855 Reply to Response, #2 Exhibit ECF 3592 - MOTION to Exclude Suzanne Parisian, M.D. [Wave 4], #3 Exhibit ECF 4495 - Defendants' Opposition to Plaintiffs' Motion to Limit the Opinions and Testimony of Jaime L. Sepulveda-Toro, M.D., #4 Exhibit ECF 2065 - Plaintiffs' Memorandum in Support of Their Daubert Motion to Exclude the Opinions of FDA Expert Timothy Ulatowski)(Robinson, Susan) |
| Filing 41 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 (6849) NOTICE OF ADOPTION OF PRIOR DAUBERT MOTION OF JAIME SEPULVEDA-TORO, MD, #2 (6990) D Notice of Adoption of Daubert Response to MTE Dr. Sepulveda, #3 (7141) P Notice of Adoption of Reply to MTE Dr.Sepulveda, #4 (2060) Plaintiffs' motion to exclude Tim Ulatowski WAVE 1, #5 (2065) Plaintiff's Memo in Support of Their Daubert Motion to Exclude the Opinions of FDA Expert Timothy Ulatowski for Wave 8, #6 (2134) Response in Opposition to Motion to Exclude Timothy Ulatowski, #7 (2232) Plaintiffs_ Reply Brief in Support of Their Daubert Motion to Exclude FDA Expert Timothy Ulatowski, #8 (2910) NOTICE OF SUPPLEMENTAL RESPONSE AND NOTICE OF ADOPTION OF PRIOR DAUBERT RESPONSE REGARDING TIMOTHY ULATOWSKI FOR WAVE 3, #9 (6860) NOTICE of Adoption of Prior Daubert Motion of Timothy Ulatowski, M.D. for Wave 8, #10 (6965) Notice of Adoption of Prior Daubert Response Regarding Timothy Ulatowski Wave 8, #11 (7143) NOTICE of Adoption of Prior Daubert Reply of Timothy Ulatowski, M.D. for Wave 8 by All Plaintiffs, #12 (2015) Plaintiffs' Daubert Motion to Exclude Testimony of Stephen M. Factor, M.D., #13 (2020) MEMO by All Plaintiffs in support of MOTION by All Plaintiffs to Exclude Testimony of Dr. Stephen M. Factor, #14 (2135) Response in Opposition to Plaintiffs' Motion to Exclude Stephen Factor, #15 (2256) REPLY in Support of Plts Memo of Law in Support of their Daubert Motion to Exclude the Opinions and Testimony of Stephen M. Factor, M.D., #16 (6795) NOTICE of Adoption of Prior Daubert Motion of Stephen M. Factor, M.D. for Wave 8, #17 (6975) Notice of Adoption of Prior Dabuert Response Regarding Stephen Factor, #18 (7092) NOTICE of Adoption of Prior Daubert Reply of Stephen M. Factor, MD for Wave 8 by All Plaintiffs, #19 (2039) Plaintiffs' Motion to Exclude the Opinions and Testimony of Shelby Thames, #20 (2042) MEMO by All Plaintiffs in support of MOTION by All Plaintiffs to Exclude Dr. Shelby Thames, #21 (2187) RESPONSE by Ethicon in opposition to Exclude the Opinions and Testimony of Dr. Shelby Thames, #22 (2247) REPLY in Support of Plaintiffs Motion to Exclude the Opinions of Dr. Shelby Thames, #23 (2455) Plaintiffs' Motion to Exclude Shelby Thames, #24 (2458) MEMO by All Plaintiffs in support of MOTION to Exclude Opinions and Testimony of Dr. Shelby Thames, #25 (2553) Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby Thames, PH.D. - Part1, #26 (2553) Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby Thames, PH.D. - Part2, #27 (2553) Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby Thames, PH.D. - Part3, #28 (2553) Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby Thames, PH.D. - Part4, #29 (2553) Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby Thames, PH.D. - Part5, #30 (2621) Reply in support of Motion to Exclude the Opinions of Dr. Shelby Thames, #31 (2839) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames - Part1, #32 (2839) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames - Part2, #33 (2839) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames - Part3, #34 (2841) Memo in support of MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames, #35 (2957) RESPONSE by Ethicon in Opposition to Plaintiffs_ Motion to Exclude or Limit the Opinions and Testimony of Dr. Shelby Thames, #36 (3037) REPLY by ALL Plaintiffs in Support of Motion to Exclude the Opinions of Dr. Shelby Thames, #37 (6857) NOTICE of Adoption of Prior Daubert Motion of Shelby Thames for Wave 8 by All Plaintiffs, #38 (6972) Notice of Adoption of Prior Daubert Response of Shelby Thames for Wave 8, #39 (7113) NOTICE of Adoption of Prior Daubert Reply of Shelby Thames, M.D. for Wave 8 by All Plaintiffs)(Balefsky, Lee) |
| Filing 40 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part19, #2 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part20, #3 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part21, #4 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part22, #5 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part23, #6 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part24, #7 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part25, #8 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part26, #9 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part27, #10 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part28, #11 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part29, #12 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part30, #13 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part31, #14 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part32, #15 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part33, #16 (3865) REPLY IN SUPPORT of Motion to Exclude the Opinions & Testimony of Vladimir Iakovlev, MD. by Ethicon, #17 (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part1, #18 (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part2, #19 (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part3, #20 (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part4, #21 (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part5, #22 (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part6, #23 (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part7, #24 (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part8, #25 (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part9, #26 (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part10, #27 (6875) MEMO OF LAW in support to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #28 (7038) NOTICE OF ADOPTION OF PRIOR DAUBERT MOTION AND OPPOSITION TO MOTION TO EXCLUDE VLADIMIR IAKOLEV MD, #29 (7045) Plaintiffs' Opposition to Defense Motion to Exclude Opinions and Testimony of Dr. Vladimir Iakolev, #30 (7085) Plaintiff's Amended Adoption of Prior Daubert Response and Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev for Wave 8, #31 (7183) REPLY in Further Support of Plaintiffs Motion to Exclude Certain Opinions of Vladimir Iakolov, MD, #32 (3019) Reply in Support of Defendants Motion to Exclude Dr. Suzanne Parisian, #33 (3592) D MTE Dr. Suzanne Parisian, #34 (3592) MOTION to Exclude Suzanne Parisian, M.D._Part1, #35 (3592) MOTION to Exclude Suzanne Parisian, M.D._Part2, #36 (3594) MEMORANDUM in support of MOTION to Exclude Suzanne Parisian, M.D., #37 (3788) MEMORANDUM in opposition to MOTION to Exclude Suzanne Parisian, M.D, #38 (3845) REPLY in Support of Defendants' Motion to Exclude Suzanne Parisian, M.D., #39 (6786) NOTICE of Adoption of Prior Motion to Exclude Suzanne Parisian, M.D., #40 (6930) NOTICE of Adoption of Prior Daubert Response of Suzanne Parisian, M.D, #41 (3617) MOTION to Preclude or Limit the Opinions & Testimony of John R. Wagner M.D., #42 (3618) MEMORANDUM in support of MOTION to Preclude Testimony of John Wagner MD, #43 (3851) REPLY IN SUPPORT of Daubert Motion to Preclude or Limit Opinions of Defense Expert John R. Wagner, #44 (4920) RESPONSE in opposition to MOTION to Exclude Certain General Opinions of John R. Wagner, M.D, #45 (6861) NOTICE of Adoption of Prior Daubert Motion of John R. Wagner, M.D., #46 (6991) NOTICE of Adoption of Prior Daubert Response Regarding John R. Wagner, M.D., #47 (7144) NOTICE of Adoption of Prior Daubert Reply of John R. Wagner, M.D, #48 (2014) P Daubert MTE Dr. Sepulveda-Toro, #49 (2018) P Memo in support of MTE Dr. Sepulveda, #50 (2225) P reply in support of MTE Dr. Sepulveda)(Balefsky, Lee) |
| Filing 39 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 (238) First Amended Master Long Form Complaint and Jury Demand (Pelvic), #2 (239) MASTER ANSWER AND JURY DEMAND OF DEFENDANT ETHICON, INC. TO FIRST AMENDED MASTER COMPLAINT, #3 (241) MASTER ANSWER AND JURY DEMAND OF DEFENDANT JOHNSON & JOHNSON TO FIRST AMENDED MASTER COMPLAINT, #4 (262) Short Form Complaint, #5 (0263) Amended Short Form Complaint, #6 (2817) D Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #7 (2818) Memorandum in Support of Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #8 (2931) Plaintiffs memo in opposition to motion to exclude Dr. Rosenzweig, #9 (5332) MOTION to Exclude Certain General Opinions of Bruce Rosenzweig, M.D. (Wave 7), #10 (5333) MEMO by Ethicon in support of MOTION to Exclude Certain General Opinions of Bruce Rosenzweig, M.D. (Wave 7), #11 (5482) MEMO by All Plaintiffs in opposition to MOTION to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #12 (5548) REPLY by Ethicon to Memo In Opposition, #13 (6852) Adoption of Rosenzweig WAVE 8, #14 (6960) - Notice of Adoption of Prior Daubert Response of Bruce Rosenzweig, #15 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part1, #16 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part2, #17 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part3, #18 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part4, #19 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part5, #20 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part6, #21 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part7, #22 (3630) MEMORANDUM In Support of Motion to Limit Testimony of Prof. Dr. Med. Uwe Klinge, #23 (3767) Plaintiffs' Response in Opposition to D Motion to Exclude Dr. Klinge, #24 (3855) REPLY IN SUPPORT of Motion to Limit the Testimony of Prof. Dr. Med. Uwe Klinge by Ethicon, #25 (6648) NOTICE of Adoption of Ethicons Motion to Exclude the Opinions and Testimony of Prof. Dr. Med. Uwe Klinge Filed in Wave 4, #26 (6833) Amended Notice of Adoption to Exclude Testimony of Uwe Klinge, #27 (6926) NOTICE of Adoption of Prior Daubert Response of Prof. Dr. Med. Uwe Klinge for Wave 8, #28 (7123) NOTICE of Adoption of Prior Daubert Reply re Dr. Klinge, #29 (3619) MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev_Part1, #30 (3619) MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev_Part2, #31 (3619) MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev_Part3, #32 (3619) MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev_Part4, #33 (3621) MEMORANDUM in Support of Motion to Exclude Testimony of Dr. Vladimir Iakovlev, #34 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part1, #35 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part2, #36 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part3, #37 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part4, #38 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part6, #39 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part7, #40 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part8, #41 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part9, #42 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part10, #43 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part11, #44 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part12, #45 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part13, #46 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part14, #47 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part5, #48 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part15, #49 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part16, #50 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part17)(Balefsky, Lee) |
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Filing 38
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 10/30/2019 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 10/29/2019 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 10/16/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (st)
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| Filing 37 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Attachments: #1 Exh 1 - List of Cases, #2 Exh 2 - Letter)(Gage, William) |
| Filing 36 RESPONSE TO ORDER TO SHOW CAUSE by Elizabeth McCaffrey. (Balefsky, Lee) |
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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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Filing 34
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 33 MEMORANDUM by Elizabeth McCaffrey in opposition to #29 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Balefsky, Lee) |
| Filing 32 RESPONSE by Elizabeth McCaffrey in opposition 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) |
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Filing 31
ORDER Directing that the Stipulation of Dismissal of Defendant Ethicon LLC filed in each case listed in Exhibit A is APPROVED; the Clerk is DIRECTED to dismiss Ethicon LLC in each case in Exhibit A. Signed by Judge Joseph R. Goodwin on 10/25/2018. (cc: counsel of record; any unrepresented party) (kab)
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| Filing 30 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #29 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Robinson, Susan) |
| Filing 29 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A - B)(Robinson, Susan) (Modified on 10/13/2018 to convert event to motion for partial summary judgment) (ts). |
| Filing 28 NOTICE OF VIDEO DEPOSITIONS by Ethicon, Inc., Johnson & Johnson of Michael McCaffrey, Megan McCaffrey-Tilger, Marissa McCaffrey, Ron Kraeer, Carol Phillips on a date and time to determined (Robinson, Susan) |
| Filing 27 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) |
| Filing 26 RETURN OF SERVICE ON SUBPOENA for Dr. Patrick Christy. (Robinson, Susan) |
| Filing 25 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Patrick Christy on 7/30/18 at 1:00 p.m. (Robinson, Susan) |
| Filing 23 STIPULATION OF DISMISSAL OF DEFENDANT ETHICON LLC by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Elizabeth McCaffrey (Robinson, Susan) (Modified on 6/18/2018 to add party filer) (ts). |
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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: 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) (kab) (ADI)
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| Filing 22 CERTIFICATE OF SERVICE by Ethicon, Inc. for Ethicon Inc.'s First Set of Interrogatories, Requests for Admission and Requests for Production. (Combs, Philip) |
| Filing 21 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Elizabeth McCaffrey on 5/9/18 at 9:00 a.m. (Robinson, Susan) |
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Filing 20
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)
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| Filing 19 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Patrick T. Christy on 3/19/2018 at 9:00 a.m. (Gage, William) |
| Filing 18 PLAINTIFF PROFILE FORM filed by Elizabeth McCaffrey. (Balefsky, Lee) |
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Filing 17
ORDER (Dismissing Defendant American Medical Systems, Inc. with Prejudice) Pending in MDL 2327, is a Joint Motion to Dismiss Defendant American Medical Systems, Inc. with Prejudice filed by plaintiffs, identified on the attached Exhibits A-D, and American Medical Systems, Inc. seeking dismissal of AMS from these actions with prejudice. Because all claims between them have been compromised and settled, including all claims, counterclaims, cross-claims and third party claims, the Joint Motion to Dismiss AMS with Prejudice is GRANTED. Other defendants remain in these actions, and plaintiffs will continue to prosecute these actions against them. Signed by Judge Joseph R. Goodwin on 1/6/2017. (cc: attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibits A-D) (ts)
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| Filing 16 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) |
| Filing 15 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) |
| Filing 14 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) |
| DEFENDANT(S) Endo Pharmaceuticals, Inc., American Medical Systems Holdings, Inc. and Endo Health Solutions Inc. terminated pursuant to PTO #42 entered in MDL 2327, Ethicon, Inc. on 04/03/2013. (klc) |
| Filing 13 SUMMONS RETURNED EXECUTED by Personal Service for Ethicon, LLC. Ethicon, LLC served on 1/28/2013, answer due 2/19/2013. Summons served on scott lascala. (Tiger, Michelle) |
| Filing 12 SUMMONS RETURNED EXECUTED by Personal Service for American Medical Systems Holdings, Inc.. American Medical Systems Holdings, Inc. served on 1/28/2013, answer due 2/19/2013. Summons served on scott lascala. (Tiger, Michelle) |
| Filing 11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael J. Farrell on behalf of American Medical Systems Holdings, Inc., American Medical Systems, Inc., Endo Health Solutions Inc., Endo Pharmaceuticals, Inc.. (Farrell, Michael) |
| Filing 10 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Erik W. Legg on behalf of American Medical Systems Holdings, Inc., American Medical Systems, Inc., Endo Health Solutions Inc., Endo Pharmaceuticals, Inc.. (Legg, Erik) |
| Filing 9 SUMMONS RETURNED EXECUTED by Personal Service for Endo Pharmaceuticals, Inc.. Endo Pharmaceuticals, Inc. served on 1/29/2013, answer due 2/19/2013. Summons served on james lopresti. (Tiger, Michelle) |
| Filing 8 SUMMONS RETURNED EXECUTED by Personal Service for Endo Health Solutions Inc.. Endo Health Solutions Inc. served on 1/29/2013, answer due 2/19/2013. Summons served on james lopresti. (Tiger, Michelle) |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Thomas, David) |
| Filing 6 WAIVER OF SERVICE EXECUTED. Waiver signed by Tracy G. Weiss on 1/18/13. American Medical Systems, Inc. waiver mailed on 1/18/2013, answer due 3/19/2013. (Weiss, Tracy) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Ethicon, LLC, American Medical Systems Holdings, Inc., Endo Pharmaceuticals, Inc., Endo Health Solutions Inc., re: #4 Amended Short Form Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachment: #1 Summons for American Medical Systems, Inc., Endo Pharmaceuticals, Inc. and Endo Health Solutions Inc.) (skh) |
| Filing 4 AMENDED SHORT FORM COMPLAINT filed by Elizabeth McCaffrey against Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, American Medical Systems, Inc. ("AMS"), American Medical Systems Holdings, Inc. ("AMS Holdings"), Endo Pharmaceuticals, Inc., Endo Health Solutions Inc. (f/k/a Endo Pharmaceuticals Holdings, Inc.). (Tiger, Michelle) (Modified on 1/18/2013 to remove and issue attached summonses) (skh). |
| Filing 3 TRANSMITTED PRETRIAL ORDER 27 (Correction to PTO # 25, Change to Signature and Initialing Requirements re: Plaintiff Profile Forms (PTO #17)) entered on 12/20/2012 in MDL 2327 to attorneys in member case. (Attachment: #1 Exhibit 1) (jap) |
| Filing 2 ELECTRONIC SUMMONS ISSUED as to Ethicon, Inc., Ethicon, LLC, and Johnson & Johnson, re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (jap) |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2145564. (Attachment: #1 Civil Cover Sheet) (jap) |
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