YELINEK V ETHICON, INC. ET AL
Plaintiff: NANCY YELINEK
Defendant: JOHNSON & JOHNSON and ETHICON INC.
Case Number: 2:2020cv00799
Filed: June 2, 2020
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: Nora Barry Fischer
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 24, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 24, 2020 Opinion or Order Filing 42 AMENDED PROTECTIVE ORDER (details more fully stated in said Order). Signed by Judge Nora Barry Fischer on 7/24/2020. (Attachments: #1 Exhibit A) (bdk)
July 24, 2020 Opinion or Order Filing 41 ORDER granting Defendants' Consented to Motion for Leave to File Amended Protective Order (Docket No. #40 ), good cause having been shown. Signed by Judge Nora Barry Fischer on 07/24/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (nls)
July 24, 2020 Filing 40 Consent MOTION for Leave to File Amended Protective Order by ETHICON INC., JOHNSON & JOHNSON. (Attachments: #1 Proposed Order, #2 Exhibit A) (Bode, Frederick)
July 2, 2020 Filing 39 Notice of Mediation by THOMAS T. FRAMPTON. Mediation Date January 19, 2021 at 10:00 a.m., Goehring, Rutter & Boehm, Waterfront Corporate Park, 2100 Georgetowne Drive, Suite 300, Sewickley, PA 15143 (Frampton, Thomas)
July 2, 2020 Filing 38 Notice of Mediation by ETHICON INC., JOHNSON & JOHNSON. Mediation Date 01/19/2021 at 9:30 a.m. (Bode, Frederick) Modified on 7/6/2020, removed from public view, filed at #39 (jd).
June 30, 2020 Opinion or Order Filing 37 Order granting #36 STIPULATED PROTECTIVE ORDER by ETHICON INC., JOHNSON & JOHNSON. Details more fully stated in the order. Signed by Judge Nora Barry Fischer on 6/30/20. (Attachments: #1 Exhibit A) (cjo)
June 30, 2020 Filing 36 STIPULATED PROTECTIVE ORDER by ETHICON INC., JOHNSON & JOHNSON. (Attachments: #1 Exhibit) (Bode, Frederick)
June 30, 2020 Opinion or Order Filing 35 CASE MANAGEMENT ORDER: Exchange of required Rule 26(a)(1) information due by 7/31/2020; Fact Discovery due by 1/29/2021; Amended Pleadings or Additional Parties due by 7/3/2020; Status Reports due by 8/26/20, 10/20/20, and 12/19/20; Telephonic Post Fact Discovery Status Conference set for 2/2/2021 at 04:30 PM before Judge Nora Barry Fischer. Details more fully stated in the order. Signed by Judge Nora Barry Fischer on 6/30/20. (cjo)
June 30, 2020 Opinion or Order Filing 34 ORDER REFERRING CASE to Mediation. Hon. Thomas Frampton is appointed as mediator. ADR conference(s) shall be concluded on or before 1/31/21, unless extended by order of the Court. Frederick W. Bode, III, Esq. is designated as lead counsel and shall be responsible for filing a notice indicating the date, time and location of the ADR session as well as the principals from each party with full settlement authority, who will be in attendance at the ADR session, has been electronically filed with the Court by 7/7/20. Details more fully stated in the order. Signed by Judge Nora Barry Fischer on 6/30/20. (cjo)
June 30, 2020 Filing 33 Minute Entry for proceedings held before Judge Nora Barry Fischer: Case Management Conference held on 6/30/2020. the Court ordered that fact discovery should close by 1/29/2021, good cause having been shown. Good cause was shown for the parties to exceed ten depositions and for there to be forty interrogatories, requests for production, and requests for admission. To the extent that an extension of the period for discovery is sought, the parties were directed to file a motion in accordance with the Courts Case Management Order.With respect to ADR, the parties have selected mediation with Hon. Thomas Frampton. Frederick W. Bode, III, Esq. was designated as lead counsel and directed to file a notice with the Court by 7/7/2020, advising of the date, time, and location of the ADR session as well as the principals from each party with full settlement authority who will be in attendance at the ADR session. Appropriate Orders follow. (cjo)
June 24, 2020 Opinion or Order Filing 32 RULE 502(d) ORDER (details more fully stated in said Order). Signed by Judge Nora Barry Fischer on 06/24/20. (nls)
June 24, 2020 Filing 31 NOTICE of Appearance by Joshua S. Licata on behalf of NANCY YELINEK. (Licata, Joshua)
June 23, 2020 Filing 30 STIPULATION selecting ADR process by ETHICON INC., JOHNSON & JOHNSON. (Bode, Frederick)
June 23, 2020 Filing 29 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Proposed Order) (Bode, Frederick)
June 18, 2020 Opinion or Order Filing 28 ORDER granting #27 Motion for Richard M. Dye to Appear Pro Hac Vice on behalf of Defendants Ethicon, Inc. and Johnson & Johnson. Signed by Judge Nora Barry Fischer on 06/18/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (nls)
June 18, 2020 Filing 27 MOTION for attorney Richard M. Dye to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-5697297) by ETHICON INC., JOHNSON & JOHNSON. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Proposed Order) (Dye, Richard)
June 12, 2020 Opinion or Order Filing 26 MEMORANDUM ORDER indicating that the parties' Rule 26(f) Report and ADR Stipulation are due by 6/23/20; a Telephonic Initial Case Management Conference is set for 6/30/20 at 9:00 AM before Judge Nora Barry Fischer; the law clerk will circulate conference call dial-in information. Signed by Judge Nora Barry Fischer on 6/12/20. (Attachments: #1 Stipulation Selecting ADR Process, #2 Rule 26(f) Form) (cjo)
June 8, 2020 Filing 25 NOTICE of Appearance by John K. Bryan on behalf of NANCY YELINEK. (Bryan, John)
June 3, 2020 Filing 24 NOTICE of Appearance by Kristen Hock Prex on behalf of ETHICON INC., JOHNSON & JOHNSON. (Prex, Kristen)
June 3, 2020 Filing 23 NOTICE of Appearance by Michael A. Muha on behalf of ETHICON INC., JOHNSON & JOHNSON. (Muha, Michael)
June 3, 2020 Opinion or Order Filing 22 ORDER granting #21 Motion to Withdraw; Motion to Substitute Attorney. That upon consideration of #21 MOTION to Withdraw and Substitute Counsel, said Motion is granted to the extent that attorneys Christy D. Jones, Esquire; David B. Thomas, Esquire; Melissa A. Graff, Esquire; Philip J. Combs, Esquire; Susan M. Robinson, Esquire; Rebecca L. Trela, Esquire; and William M. Gage, Esquire are withdrawn as counsel of record for defendants. Attorney Frederick W. Bode, III, Esq. has entered an appearance on behalf of defendants; additional defense counsel listed in said Motion shall separately file notices of appearance on the Court's docket. Signed by Judge Nora Barry Fischer on 6/3/20. (cjo)
June 3, 2020 Filing 21 MOTION to Withdraw , MOTION to Substitute Attorney by ETHICON INC., JOHNSON & JOHNSON. (Attachments: #1 Proposed Order) (Bode, Frederick)
June 2, 2020 Filing 20 Case transferred in from District of West Virginia Southern; Case Number 2:17-cv-04113. Original file certified copy of transfer order and docket sheet received.
May 26, 2020 Filing 19 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)
May 19, 2020 Opinion or Order Filing 18 TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 06/01/2020 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 5/31/2020 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 5/19/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (maw)
April 24, 2019 Filing 17 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Exhibit List of Cases, #2 Exhibit Letter)(Gage, William)
April 10, 2019 Opinion or Order Filing 16 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)
March 26, 2019 Opinion or Order Filing 15 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)
November 8, 2018 Opinion or Order Filing 14 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)
June 13, 2018 Opinion or Order Filing 13 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)
May 4, 2018 Filing 12 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Rebecca L. Trela on behalf of Ethicon, Inc., Johnson & Johnson. (Trela, Rebecca)
April 12, 2018 Filing 11 PLAINTIFF FACT SHEET filed by Nancy Yelinek. (Drumm, Jesse)
April 9, 2018 Filing 10 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Nancy Yelinek on May 22, 2018 at 2:00 p.m. (Merk, Melissa)
March 27, 2018 Filing 9 NOTICE OF WITHDRAWAL by Ethicon, Inc., Johnson & Johnson of #6 Notice of Videotaped Deposition (Gage, William)
March 19, 2018 Filing 8 PLAINTIFF FACT SHEET filed by Nancy Yelinek. (Drumm, Jesse)
March 1, 2018 Filing 7 PLAINTIFF PROFILE FORM filed by Nancy Yelinek. (Drumm, Jesse)
February 7, 2018 Filing 6 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Firooz M. Taghizadeh on 3/5/2018 at 9:00 a.m. (Combs, Philip)
January 30, 2018 Opinion or Order Filing 5 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)
October 30, 2017 Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy)
October 24, 2017 Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson. (Thomas, David)
October 5, 2017 Filing 2 TRANSMITTED PRETRIAL ORDER # 272 (Order: Approval of Qualified Settlement Fund for Smith Stag, LLC) entered on 09/29/2017 in MDL 2327 to attorneys in member case. (crg)
October 3, 2017 Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-6009796. (Attachment: #1 Civil Cover Sheet) (rec)

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Search for this case: YELINEK V ETHICON, INC. ET AL
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Defendant: JOHNSON & JOHNSON
Represented By: William M. Gage
Represented By: Rebecca L. Trela
Represented By: David B. Thomas
Represented By: Melissa A. Graff
Represented By: Susan M. Robinson
Represented By: Philip J. Combs
Represented By: Christy D. Jones
Represented By: Michael A. Muha
Represented By: Richard McLure Dye
Represented By: Frederick W. Bode, III
Represented By: Kristen Hock Prex
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Defendant: ETHICON INC.
Represented By: William M. Gage
Represented By: Rebecca L. Trela
Represented By: David B. Thomas
Represented By: Melissa A. Graff
Represented By: Susan M. Robinson
Represented By: Philip J. Combs
Represented By: Christy D. Jones
Represented By: Michael A. Muha
Represented By: Richard McLure Dye
Represented By: Frederick W. Bode, III
Represented By: Kristen Hock Prex
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Plaintiff: NANCY YELINEK
Represented By: Jesse A. Drumm
Represented By: John K. Bryan
Represented By: Joshua S. Licata
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