Nero et al v. Ethicon, Inc. et al
| Norman Nero and Esther Nero |
| Ethicon, Inc., Ethicon, LLC and Johnson & Johnson |
| 1:2020cv00014 |
| January 10, 2020 |
| US District Court for the District of Rhode Island |
| William E Smith |
| Patricia A Sullivan |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 4, 2020. A more recent docket listing may be available from PACER.
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TEXT ORDER Entering #39 Stipulation OF DISMISSAL WITH PREJUDICE filed by Johnson & Johnson, Ethicon, Inc. So Ordered by District Judge William E. Smith on 2/4/2020. (Jackson, Ryan)
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| Filing 39 STIPULATION OF DISMISSAL WITH PREJUDICE filed by Ethicon, Inc., Johnson & Johnson. (Guilfoyle, Kathleen) |
| Filing 38 NOTICE by Ethicon, Inc., Johnson & Johnson NOTICE OF WITHDRAWAL OF CERTAIN DEFENSE COUNSEL (Guilfoyle, Kathleen) |
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TEXT ORDER denying without prejudice to refilling #26 Motion for Summary Judgment. In matters before Judge Smith, prior to filing a motion for summary judgment, counsel must request a conference with the Court. If Defendants wish to refile their motion, they must request a conference prior to refiling. So Ordered by District Judge William E. Smith on 1/22/2020. (Jackson, Ryan)
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TEXT ORDER Entering #15 Notice of Voluntary Dismissal filed by Esther Nero, Norman Nero dismissing Ethicon, LLC. So Ordered by District Judge William E. Smith on 1/22/2020. (Jackson, Ryan)
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| Filing 37 NOTICE of Appearance by Kathleen M. Guilfoyle on behalf of Ethicon, LLC (Guilfoyle, Kathleen) |
| Filing 36 NOTICE of Appearance by Kathleen M. Guilfoyle on behalf of Ethicon, Inc., Johnson & Johnson (Guilfoyle, Kathleen) |
| Filing 36 NOTICE of Appearance by Kathleen M. Guilfoyle on behalf of Ethicon, Inc., Johnson & Johnson (Guilfoyle, Kathleen) |
| Filing 35 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-24805. Original file certified copy of transfer order and docket sheet received. NOTICE TO COUNSEL: Pursuant to LR Gen 201(b)(5), counsel who is a member in good standing of the bar of another federal district court is exempt from the requirements of bar membership, and may appear and practice in this Court for this case. Counsel is directed to register as an ECF Filing User in accordance with LR Gen 304(a) by completing the ECF Registration Form located under the CM/ECF Quick Link from our website. #http://www.rid.uscourts.gov |
| Filing 35 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-24805. Original file certified copy of transfer order and docket sheet received. NOTICE TO COUNSEL: Pursuant to LR Gen 201(b)(5), counsel who is a member in good standing of the bar of another federal district court is exempt from the requirements of bar membership, and may appear and practice in this Court for this case. Counsel is directed to register as an ECF Filing User in accordance with LR Gen 304(a) by completing the ECF Registration Form located under the CM/ECF Quick Link from our website. #http://www.rid.uscourts.gov |
| Filing 34 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #33 Continued, ECF #2552 Part 1 - Response in Opposition to Motion to Exclude Steven MacLean, #2 Exhibit ECF #2552 Part 2 - Response in Opposition to Motion to Exclude Steven MacLean, #3 Exhibit ECF #2552 Part 3 - Response in Opposition to Motion to Exclude Steven MacLean, #4 Exhibit ECF #2826 - Motion to Exclude Steven MacLean, #5 Exhibit ECF #2910 - Supplemental Response and Notice of Adoption of Response Regarding Timothy Ulatowski, #6 Exhibit ECF #2942 - Motion to Exclude Steven MacLean, #7 Exhibit ECF #3053 - Reply in Support of Motion to Exclude Steven MacLean, #8 Exhibit ECF #3671 - Motion to Exclude Harvey A. Winkler, #9 Exhibit ECF #3675 - Memo in Support of Motion to Exclude Harvey A. Winkler, #10 Exhibit ECF #3784 - Memo in Opposition to Motion to Exclude Harvey A. Winkler, #11 Exhibit ECF #3863 - Reply in Support of Motion to Exclude Harvey A. Winkler, #12 Exhibit ECF #6810 - Notice of Adoption of Prior Daubert Motion of Elizabeth Kavaler, #13 Exhibit ECF #6824 - Notice of Adoption of Prior Daubert Motion of Steven MacLean, #14 Exhibit ECF #6850 - Notice of Adoption of Prior Daubert Motion of Scott Serels, #15 Exhibit ECF #6860 - Notice of Adoption of Prior Daubert Motion of Timothy Ulatowski, #16 Exhibit ECF #6862 - Notice of Adoption of Prior Daubert Motion of Harvey A. Winkler, #17 Exhibit ECF #6965 - Notice of Adoption of Prior Daubert Response Regarding Timothy Ulatowski, #18 Exhibit ECF #6967 - Notice of Adoption of Prior Daubert Response Regarding Harvey A. Winkler, #19 Exhibit ECF #6982 - Notice of Adoption of Prior Daubert Response of Elizabeth Kavaler, #20 Exhibit ECF #6994 - Notice of Adoption of Prior Daubert Response of Scott Serels, #21 Exhibit ECF #6998 - Notice of Adoption of Prior Daubert Response of Steven MacLean, #22 Exhibit ECF #7098 - Notice of Adoption of Prior Daubert Reply of Elizabeth Kavaler, #23 Exhibit ECF #7100 - Notice of Adoption of Prior Daubert Reply of Steven MacLean, #24 Exhibit ECF #7111 - Notice of Adoption of Prior Daubert Reply of Scott Serels, #25 Exhibit ECF #7117 - Notice of Adoption of Prior Daubert Reply of Harvey A. Winkler, #26 Exhibit ECF #7143 - Notice of Adoption of Prior Daubert Reply of Timothy Ulatowski)(Gage, William) |
| Filing 33 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #238 - First Amended Master Long Form Complaint, #2 Exhibit ECF #239 - Master Answer of Ethicon, Inc., #3 Exhibit ECF #240 - Master Answer of Ethicon LLC, #4 Exhibit ECF #241 - Master Answer of Johnson & Johnson, #5 Exhibit ECF #262 - Short Form Complaint, #6 Exhibit ECF #263 - Amended Short Form Complaint, #7 Exhibit ECF #2005 - Motion to Preclude Elizabeth Kavaler, #8 Exhibit ECF #2007 - Memo in Support of Motion to Preclude Elizabeth Kavaler, #9 Exhibit ECF #2060 - Motion to Exclude Timothy Ulatowski, #10 Exhibit ECF #2065 - Memo in Support of Motion to Exclude Timothy Ulatowski, #11 Exhibit ECF #2112 - Motion to Exclude Scott Serels, #12 Exhibit ECF #2113 - Memo in Support of Motion to Exclude Scott Serels, #13 Exhibit ECF #2134 - Response in Opposition to Motion to Exclude Timothy Ulatowski, #14 Exhibit ECF #2165 - Memo in Support of Opposition to Motion to Preclude Elizabeth Kavaler, #15 Exhibit ECF #2205 Part 1 - Motion to Exclude Steven MacLean, #16 Exhibit ECF #2205 Part 2 - Motion to Exclude Steven MacLean, #17 Exhibit ECF #2205 Part 3 - Motion to Exclude Steven MacLean, #18 Exhibit ECF #2206 - Memo in Support of Motion to Exclude Steven MacLean, #19 Exhibit ECF #2226 - Memo in Opposition to Motion to Exclude Scott Serels, #20 Exhibit ECF #2232 - Reply in Support of Motion to Exclude Timothy Ulatowski, #21 Exhibit ECF #2237 - Reply in Support of Motion to Preclude Elizabeth Kavaler, #22 Exhibit ECF #2268 - Reply in Support of Motion to Exclude Scott Serels, #23 Exhibit ECF #2287 Part 1 - Response in Opposition to Motion to Exclude Steven MacLean, #24 Exhibit ECF #2287 Part 2 - Response in Opposition to Motion to Exclude Steven MacLean, #25 Exhibit ECF #2297 - Reply to Response in Opposition to Motion to Exclude Steven MacLean)(Gage, William) (Modified on 12/31/2019 to add party filers)(mk). |
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Filing 32
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 1/09/2020 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 1/08/2020 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 12/19/2019. (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 31 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Attachments: #1 Exhibit Exh 1 - List of Cases, #2 Exhibit Exh 2 - Letter)(Gage, William) |
| Filing 30 RESPONSE TO ORDER TO SHOW CAUSE by Esther Nero, Norman Nero (Balefsky, Lee) |
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Filing 29
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 28
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 27 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #26 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Gage, William) |
| Filing 26 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Gage, William) |
| Filing 25 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Norman Nero on October 3, 2018 at 9:00 a.m. (Merk, Melissa) |
| Filing 24 AMENDED NOTICE OF DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Esther Nero on 10/9/2018 at 3:00 p.m. (Morris, Christopher) |
| Filing 23 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christopher D. Morris on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Morris, Christopher) |
| Filing 22 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Esther Nero on September 25, 2018 at 11:30 AM (Merk, Melissa) |
| Filing 21 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christian Elizabeth Piccolo on behalf of Ethicon, Inc., Johnson & Johnson. (Piccolo, Christian) |
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Filing 20
ORDER denying #17 MOTION and Supporting Memorandum by Ethicon, Inc., Ethicon, LLC, and Johnson & Johnson 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 8/17/2018. (cc: attys; any unrepresented party) (brn)
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| Filing 19 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 18 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., Johnson & Johnson (Attachments: #1 Appendix A, B & C)(Gage, William) |
| Filing 17 MOTION and Supporting Memorandum by Ethicon, Inc., Ethicon, LLC, and Johnson & Johnson 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 (Gage, William) (Modified text and added party filer on 7/27/2018) (slr). |
| Filing 16 RESPONSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson re: #15 Notice of Voluntary Dismissal. (Robinson, Susan) |
| Filing 15 NOTICE OF VOLUNTARY DISMISSAL With Prejudice by Esther Nero, Norman Nero pursuant to Rule 41, Federal Rules of Civil Procedure (Balefsky, Lee) |
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Filing 13
ORDER The #11 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) (hkl)
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| Filing 12 NOTICE of Withdrawal by Ethicon, Inc., Johnson & Johnson of #11 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss. (Gage, William) |
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Filing 14
PRETRIAL ORDER # 303 (Amended Docket Control Order - Ethicon, Inc. Wave 8 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 280. The parties are advised that while this order will be entered in the individual cases in the coming days, it is effective as of the day it was entered in the main MDL. The following deadlines immediately apply in all Wave 8 cases: Plaintiff Fact Sheets due by 03/19/2018; Defendant Fact Sheets due by 04/19/2018; Deadline for written discovery requests due by 05/18/2018; Expert disclosures served by plaintiffs pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 07/13/2018; Expert disclosure served by defendants pursuant to Fed R. Civ P. 26 as limited by 3.a. of this order due by 08/13/2018; Expert disclosure served for rebuttal pursuant to Fed R. Civ. P. 26 as limited by 3.a. of this order due by 08/20/2018; Deposition deadline and close of discovery due by 10/04/2018; Filing of Dispositive Motions due by 10/18/2018; Response to Dispositive Motions due by 10/25/2018; Reply to response to Dispositive motions due by 11/01/2018; Filing of Daubert motions due by 10/18/2018; Responses to Daubert motions due by 10/25/2018; and Reply to response to Daubert motions due by 11/01/2018. Signed by Judge Joseph R. Goodwin on 6/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases) (kp) (ADI)
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| Filing 11 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 10 CERTIFICATE OF SERVICE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for First Set of Interrogatories, Requests for Admissions and Requests for Production to Plaintiff. (Merk, Melissa) |
| Filing 9 NOTICE OF WITHDRAWAL OF NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson re: #7 Notice of Videotaped Deposition. (Gage, William) |
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Filing 8
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) (klc) (ADI)
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| Filing 7 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Young Han Kim on 4/10/2018 at 9:00 a.m. (Sutherland, Kari) |
| Filing 6 PLAINTIFF PROFILE FORM filed by Esther Nero, Norman Nero. (Gomez, Christopher) |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) |
| Filing 3 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 2 TRANSMITTED PRETRIAL ORDER # 76 (Final Order Regarding Severance of Actions) entered on 10/10/2013 in MDL 2327 to attorneys in member case. (cbo) |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2699070. (Attachments: #1 Notice of Service Under Delayed Filing Agreement, #2 Civil Cover Sheet) (tmh) |
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