Vincent et al v. Ethicon, Inc. et al
| Randy J. Vincent and Crystal S. Vincent |
| Ethicon Inc, Johnson & Johnson and Ethicon, LLC |
| 0:2020cv00231 |
| January 23, 2020 |
| US District Court for the District of South Carolina |
| Donald C Coggins |
| Sherri A Lydon |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 52 STIPULATION of Dismissal With Prejudice by Ethicon Inc, Ethicon, LLC, Johnson & Johnson. (Sumner, Robert) |
| Filing 51 Letter from Robert Sumner regarding trial schedule. (Sumner, Robert) |
| Filing 50 MINUTE ENTRY: Telephone Status Conference held on 3/4/2020 to discuss pending motions and case scheduling. By 3/18/2020, the attorneys will submit a joint proposed amended scheduling order in line with Judge Lydons form order to include: (1) mediation; (2) pretrial disclosures; (3) motions in limine; (4) pretrial briefs and exhibits; (5) date-certain trial. The joint amended scheduling order should be submitted to lydon_ecf@scd.uscourts.gov. The court indicated that it is inclined to set this case for an 11/2/2020 date-certain trial. With respect to the pending motions for partial summary judgment, the parties agreed to discuss resolution of the uncontested claims by joint stipulation. The parties are to file the joint stipulation of dismissal by 3/18/2020. Plaintiffs counsel agreed to work to provide updated medical records to Defendants counsel within 60 days. If additional time is necessary and the parties cannot reach a resolution on the appropriate timing, the parties are to notify the court. Defendants counsel requested to re-brief summary judgment and depose the consortium plaintiff. The parties are going to confer on those issues. After the filing of the joint amended scheduling order, the court and the parties will reconvene via telephone to resolve the outstanding requests and issues. The court and the parties also discussed the possibility of holding a Science Day, which the court is inclined to do in early May 2020. Both scheduling and details of the Science Day will be discussed in a separate call. (lgib, ) |
| Filing 49 REVISED NOTICE OF STATUS CONFERENCE: The status conference on March 4, 2020 at 3:00 PM will be held in chambers in the McMillan Federal Building, 401 West Evans Street, Florence SC 29501. Attorneys should be prepared to discuss the status of the case and any issues that could impact the scheduling of this case for trial. (lgib, ) Modified on 3/2/2020 to edit text (lgib, ). |
| Filing 47 TEXT ORDER granting #46 Motion to Appear Pro Hac Vice. Signed by the Honorable Sherri A Lydon on 2/28/2020. (lgib, ) |
| Filing 46 MOTION to Appear Pro Hac Vice by Nathan A. Buttars for Plaintiff ( Filing fee $ 250 receipt number 0420-8972730) by Crystal S. Vincent, Randy J. Vincent. Response to Motion due by 3/12/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Verified Application PHV for Buttars)Proposed order is being emailed to chambers with copy to opposing counsel.(Rutkoski, Jamie) |
| Filing 45 NOTICE OF STATUS CONFERENCE: The Court will conduct a Status Conference on March 4, 2020 at 3:00 P.M. in Courtroom #2 in the McMillan Federal Building, 401 West Evans Street, Florence, South Carolina 29501. Attorneys should be prepared to discuss the status of the case and any issues that could impact the scheduling of this case for trial. Signed by the Honorable Sherri A. Lydon. (lgib, ) |
| Filing 44 NOTICE of Appearance by John Daniel Kassel on behalf of Crystal S. Vincent, Randy J. Vincent (Kassel, John) |
| Filing 43 NOTICE of Appearance by Theile Branham McVey on behalf of Crystal S. Vincent (McVey, Theile) (Main Document 43 replaced on 2/5/2020 to correct case number on document as verified by filing user) (lgib, ). |
| Filing 42 Local Rule 26.01 Answers to Interrogatories by Crystal S. Vincent.(Rutkoski, Jamie) (Main Document 42 replaced on 2/5/2020 to correct case number on document as verified by filing user) (lgib, ). |
| Filing 41 NOTICE of Appearance by Jamie Rae Rutkoski on behalf of Crystal S. Vincent (Rutkoski, Jamie) (Main Document 41 replaced on 2/5/2020 to correct case number on document as verified by filing user) (lgib, ) |
| Filing 39 TEXT ORDER granting #37 Motion to Substitute Attorney by Ethicon LLC and Johnson & Johnson. Attorneys Christy D. Jones, William M. Gage, and Kari L. Sutherland are terminated and Attorneys Robert E. Sumner IV and Charles R. Scarminach are substituted as counsel for Defendants Ethicon LLC and Johnson & Johnson. The parties are directed to update their service lists accordingly. Signed by the Honorable Sherri A Lydon on 1/31/2020. (lgib, ) |
| Filing 38 Local Rule 26.01 Answers to Interrogatories by Ethicon Inc, Ethicon, LLC, Johnson & Johnson.(Sumner, Robert) |
| Filing 37 MOTION to Substitute Attorney by Ethicon Inc, Ethicon, LLC, Johnson & Johnson. Response to Motion due by 2/13/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Sumner, Robert) |
| Filing 36 ***DOCUMENT MAILED 35 Case Reassigned placed in U.S. Mail from Columbia Clerks Office to Christy D. Jones, Daniel R. Higginbotham, Kari L. Sutherland, Susan M. Robinson, William M. Gage, and Zachary Peter Lowe. (glev, ) |
| Filing 35 Case Reassigned to Judge Honorable Sherri A Lydon. Judge Honorable Donald C Coggins, Jr no longer assigned to the case. (glev, ) |
| Filing 34 NOTICE of Case Transfer Letter (alew, ) |
| Filing 32 Case transferred in from District of West Virginia Southern; Case Number 2:14-cv-10298. Original file certified copy of transfer order and docket sheet received. |
| Filing 31 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 6932 - NOA of Prior Daubert Response of Duane Priddy, Ph.D., #2 Exhibit ECF 7126 - NOA of Prior Daubert Reply Regarding Duane Priddy, Ph.D. for Wave 8, #3 Exhibit ECF 3599 - Def MTE Weber with EXHIBITS A-H, #4 Exhibit ECF 3601 - MIS of Motion to Exclude Dr. Weber, #5 Exhibit ECF 3756 - Response in Opposition to MTE Weber Exhibit A, #6 Exhibit ECF 3756 - Part 1 - Response in Opposition to MTE Weber Exhibits B-E, #7 Exhibit ECF 3756 - Part 2 - Response in Opposition to MTE WeberExhibits F-H, #8 Exhibit ECF 3756 - Part 3 - Response in Opposition to MTE Weber Exhibits I-K, #9 Exhibit ECF 3756 - Part 4 - Response in Opposition to MTE Weber Exhibits L-O, #10 Exhibit ECF 3756 - Part 5 - Response in Opposition to MTE Weber Exhibits P-Q, #11 Exhibit ECF 3756 - Part 6 - Response in Opposition to MTE Weber Exhibit R -S, #12 Exhibit ECF 3756 - Part 7- Response in Opposition to MTE Weber Exhibit T, #13 Exhibit ECF 3812 - REPLY by Defendants to Exclude Anne M. Weber, M.D. in Wave 4, #14 Exhibit ECF 6811 - NOA of Prior Daubert Motion to Exclude Anne M. Weber, M.D. for Wave 8, #15 Exhibit ECF 6936 - NOA Prior Daubert Response of Ann M. Weber, M.D. for Wave 8, #16 Exhibit ECF 7172 - NOA of Prior Reply MTE Anne M.Weber, M.D., for Wave 8, #17 Exhibit ECF 2759 - Defendants MTE Peggy Pence, PH.D, #18 Exhibit ECF 2760 - MEMORANDUM in Support of MTE Peggy Pence, Ph.D, #19 Exhibit ECF 2949 - Plaintiffs in Opposition to MTE Peggy Pence, #20 Exhibit ECF 3017 - REPLY in Support of MTE Peggy Pence, PH.D, #21 Exhibit ECF 6958 - NOA of Prior Daubert Response of Peggy Pence, Ph.D, #22 Exhibit ECF 7177 - NOA of Prior Reply of Daubert Motion to Exclude Peggy Pence, #23 Exhibit ECF 3019 - REPLY by Ethicon to MTE Suzanne Parisian, M.D, #24 Exhibit ECF 3592 - Motion to Exclude Suzanne Parisian, #25 Exhibit ECF 3594 - MIS of Motion to Exclude Suzanne Parisian, M.D, #26 Exhibit ECF 3788 - opposition to MTE Suzanne Parisian, M.D, #27 Exhibit ECF 3845 - REPLY in Support of Defendants' MTE Suzanne Parisian, M.D, #28 Exhibit ECF 6786 - NOA of Prior Motion to Exclude Suzanne Parisian, M.D, #29 Exhibit ECF 6930 - NOA of Prior Daubert Response of Suzanne Parisian, M.D, #30 Exhibit ECF 6821 - NOA of Prior Daubert Motion to Exclude Peggy Pence, Ph.D)(Robinson, Susan) (Modified on 1/22/2020 to add party filers) (msa). [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 30 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 2264 - Reply Brief in Support of MTE Testimony of Robert Brian Raybon, #2 Exhibit ECF 6846 - NOAof Prior Daubert Motion to Exclude Testimony of Brian Raybon, #3 Exhibit ECF 6963 - NOA of Prior Daubert Response of Brian Raybon, M.D., #4 Exhibit ECF 7152 - NOA Reply in Support of Prior Daubert MTE Brian Raybon, #5 Exhibit ECF 2119 - Motion to Exclude General-Causation Testimony of Dr. Moore Exhs A-E, #6 Exhibit ECF 2119 - Part 1 - Motion to Exclude General-Causation Testimony of Dr. Moore Exhs F-I, #7 Exhibit ECF 2120 - MIS of Motion to Exclude General-Causation Testimony of Dr. Moore, #8 Exhibit ECF 2204 - Response in Opposition to MTE Certain Opinions of Dr. Moore Exhs 1-3, #9 Exhibit ECF 4341 - MTE and NOA Prior MTE Robert Moore, #10 Exhibit ECF 4343 - MIS MTE and NOA Prior MTE Robert Moore, #11 Exhibit ECF 4506 - RIO MTE Robert Moore, #12 Exhibit ECF 4624 - REPLY MTE and NOA Prior MTE Robert Moore, #13 Exhibit ECF 6819 - NOA Prior MTE Robert Moore, #14 Exhibit ECF 6929 - NOA Prior Response MTE Robert D. Moore, #15 Exhibit ECF 7180 - REPLY NOA Prior MTE Robert Moore, #16 Exhibit ECF 2814 - MTE Donald Ostergard, #17 Exhibit ECF 2816 - MIS MTE Donald Ostergard, #18 Exhibit ECF 2950 - RIO MTE Donald Ostergard, #19 Exhibit ECF 3011 - Reply MTE Donald Ostergard, #20 Exhibit ECF 6825 - NOA Prior MTE Donald Ostergard, #21 Exhibit ECF 6957 - NOA Prior Response Donald Ostergard, #22 Exhibit ECF 7179 - NOA Reply Prior MTE Donald Ostergard, #23 Exhibit ECF 3652 - MTE Duane B. Priddy, #24 Exhibit ECF 3652 - Part 1- MTE Duane B. Priddy, #25 Exhibit ECF 3652 - Part 2 - MTE Duane B. Priddy, #26 Exhibit ECF 3652 - Part 3 - MTE Duane B. Priddy, #27 Exhibit ECF 3652 - Part 4 -MTE Duane B. Priddy, #28 Exhibit ECF 3656 - MIS to MTE Duane Priddy, Ph.D, #29 Exhibit ECF 3753 - RESPONSE in opposition to MTE Duane B. Priddy, Ph.D., #30 Exhibit ECF 3854 - REPLY in support to exclude testimony of Duane Priddy)(Robinson, Susan) (Modified on 1/22/2020 to add party filers) (msa). [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 29 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 2034 - MIS of MTE Certain Opinions of Dr. Miklos, #2 Exhibit ECF 2147 - Response in Opposition to MTE Certain Opinions of Dr. Miklos Exhibits 1-2, #3 Exhibit ECF 2227 - Reply in Support of MTE Certain Opinions of Dr. Miklos Exhibits A-D, #4 Exhibit ECF 2845 - Supplemental MTE and NOA of Prior Motion and Reply Brief of Dr. Miklos for Wave 3 Exhs A-D, #5 Exhibit ECF 2847 - MIS to Supplemental MTE and NOA of Prior Motion and Reply Brief of Dr. Miklos for Wave 3 Exhs A-D, #6 Exhibit ECF 2889 - Response in Opposition to Supplemental MTE Certain Opinions of Dr. Miklos, #7 Exhibit ECF 3034 - Reply to Supplemental MTE and NOA John Miklos, #8 Exhibit ECF 6871 - NOA of Prior Daubert Motions and Reply of John Miklos, M.D., #9 Exhibit ECF 6928 - NOA of Prior Daubert Response of John Miklos, M.D., #10 Exhibit ECF 2806 - Motion to Exclude General Causation Testimony of Dr. Kohli Exhibits A-C, #11 Exhibit ECF 2806 - Part 1 - Motion to Exclude General Causation Testimony of Dr. Kohli Exhibit D, #12 Exhibit ECF 2806 - Part 2 - Motion to Exclude General Causation Testimony of Dr. Kohli Exh D-2, #13 Exhibit ECF 2809 - MIS of MTE General-Causation Testimony of Dr. Kohli, #14 Exhibit ECF 2944 - Memo in Opposition of MTE General-Causation Testimony of Dr. Kohli Exhs A-D, #15 Exhibit ECF 2944 - Part 1 - MIO of MTE General-Causation Testimony of Dr. Kohli Exh E1, #16 Exhibit ECF 2944 - Part 2 - MIO of MTE General-Causation Testimony of Dr. Kohli Exh E2, #17 Exhibit ECF 2944 - Part 3 - MIO of MTE General-Causation Testimony of Dr. Kohli Exhs F-I, #18 Exhibit ECF 3023 - Reply in Support of MTE General-Causation Testimony of Dr. Kohli Exhibit 1, #19 Exhibit ECF 6823 - NOA of Prior Daubert Motion to Exclude Kohli, #20 Exhibit ECF 6927 - NOA of Prior Daubert Response of Kohli, M.D, #21 Exhibit ECF 7176 - NOA of REPLY of Prior Daubert MTE Kohli, #22 Exhibit ECF 2128 - Motion to Exclude Garely Exhibits A-D, #23 Exhibit ECF 2128 - Part 1 - Motion to Exclude Garely Exhibit E, #24 Exhibit ECF 2129 - MIS of Motion to Exclude Garely, #25 Exhibit ECF 2202 - Response to Motion to Exclude Garely Exhibits 1-3, #26 Exhibit ECF 2286 - Reply MIS of Motion to Exclude Garely Exhibit A, #27 Exhibit ECF 6844 - NOA of Prior Daubert MTE Opinions of Allen Garely, M.D, #28 Exhibit ECF 6924 - NOA of Prior Daubert Response of Allen Garely, #29 Exhibit ECF 2115 - MOTION to Exclude Testimony of Brian Raybon, #30 Exhibit ECF 2116 - MIS of Motion to Exclude Testimony of Robert Raybon)(Robinson, Susan) (Modified on 1/22/2020 to add party filers) (msa). [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 28 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 2821 - MIS MTE Dionysios Veronikis, #2 Exhibit ECF 2890 - RIO MTE Dionysios Veronikis, #3 Exhibit ECF 3033 - Reply MTE Dionysios Veronikis, #4 Exhibit ECF 6854 - NOA Prior MTE Dionysios Veronikis, #5 Exhibit ECF 6964 - NOA Prior Response Dionysios Veronikis, #6 Exhibit ECF 7156 - NOA Reply Prior MTE Dionysios Veronikis, #7 Exhibit ECF 2029 - MTE Testimony of Michael Margolis, #8 Exhibit ECF 2031 - MIS of MTE Margolis, #9 Exhibit ECF 2169 - RESPONSE in Opposition to MTE Margolis, #10 Exhibit ECF 2212 - REPLY to MTE Margolis, #11 Exhibit ECF 2832 - Supp MTE and NOA of Prior Daubert Motion and Reply Brief of Margolis, #12 Exhibit ECF 2833 - MIS of MTE and NOA Reply of Michael Margolis, #13 Exhibit ECF 2904 - MEMORANDUM in Opposition to MTE and NOA and Reply of Michael Margolis, #14 Exhibit ECF 6868 - NOA of Prior Daubert Motions and Reply Briefing as to Michael Thomas Margolis, #15 Exhibit ECF 6953 - NOA of Prior Daubert Response of Michael Thomas Margolis, M.D, #16 Exhibit ECF 2830 - MTE Anne Wilson, MBA Exhibit A-Q, #17 Exhibit ECF 2830 - Part 1 - MTE Anne Wilson, MBA Exhibit R-V, #18 Exhibit ECF 2830 - Part 2 - MTE Anne Wilson, MBA Exhibit W-Y, #19 Exhibit ECF 2830 - Part 3 - MTE Anne Wilson, MBA Exhibit Z-BB, #20 Exhibit ECF 2830 - Part 4 - MTE Anne Wilson, MBA Exhibit CC- EE, #21 Exhibit ECF 2830 - Part 5 - MTE Anne Wilson, MBA Exhibit FF-QQ, #22 Exhibit ECF 2830 - Part 6 - MTE Anne Wilson, MBA Exhibit RR, #23 Exhibit ECF 2830 - Part 7 - MTE Anne Wilson, MBA Exhibit SS, #24 Exhibit ECF 2830 - Part 8 - MTE Anne Wilson, MBA Exhibit SS-UU, #25 Exhibit ECF 2831 - MIS of Defendants Motion to Exclude Anne Wilson, #26 Exhibit ECF 2943 - RESPONSE in Opposition to MTE Anne Wilson, #27 Exhibit ECF 3025 - REPLY to Motion to Exlcude the Testimony of Anne Wilson, #28 Exhibit ECF 6867- NOA of Prior Daubert Motion of Anne Wilson, #29 Exhibit ECF 6938 - NOA of Prior Daubert Response of Anne Wilson, #30 Exhibit ECF 7157 - NOA of Reply in Support of Prior Daubert Motion of Anne Wilson)(Robinson, Susan) (Modified on 1/22/2020 to add party filers) (msa). [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 27 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 3633 - MTE Howard Jordi, PH.D, #2 Exhibit ECF 3633 - Part 1 - MTE Howard Jordi, PH.D, #3 Exhibit ECF 3637 - MIS of Defendants Motion to Exclude the Testimony of Howard Jordi, #4 Exhibit ECF 3771 - RESPONSE in Opposition to Motion to Exclude Testimony of Howard Jordi, #5 Exhibit ECF 3836 - REPLY in Support of Motion to Exclude Testimony of Howard Jordi, #6 Exhibit ECF 6647 - NOA of Ethicon's Motion to Exclude Howard Jordi, #7 Exhibit ECF 6925 - NOTICE of Adoption of Prior Daubert Response of Howard Jordi, M.D, #8 Exhibit ECF 7122 - NOTICE of Adoption of Prior Daubert Reply Regarding Howard Jordi, Ph.D, #9 Exhibit ECF 4573 - MTE Guelcher & EXHIBITS A-M, #10 Exhibit ECF 4573 - Exhibit Part 1 EXHIBITS N-O - MTE Guelcher (4573), #11 Exhibit ECF 4573 - Exhibit Part 2 EXHIBITS P-Z - MTE Guelcher (4573), #12 Exhibit ECF 4573 - Exhibit Part 3 EXHIBITS AA-II - MTE Guelcher (4573), #13 Exhibit ECF 4574 - Def MIS to MTE Guelcher, #14 Exhibit ECF 4675 - Pl response in Opp to MTE Guelcher & EXHIBITS A-E, #15 Exhibit ECF 4675 - Exhibit Part 1 EXHIBITS F-G Pl response in Opp to MTE Guelcher, #16 Exhibit ECF 4692 - Final Reply in Supp MTE Guelcher, #17 Exhibit ECF 6641 - NOA Guelcher Wave 8, #18 Exhibit ECF 6951 - Plf's NOA Response Guelcher Wave 8, #19 Exhibit ECF 7120 - Defs' NOA Reply Guelcher Wave 8, #20 Exhibit ECF 2209 - REPLY to MTE Mays, #21 Exhibit ECF 3031 - Reply to MTE Mays wave 3, #22 Exhibit ECF 3642 - MTE Mays, #23 Exhibit ECF 3642 - Part 1 - MTE Mays, #24 Exhibit ECF 3647 - MEMORANDUM in support to MTE Mays wave 4, #25 Exhibit ECF 3751 - RESPONSE by in opposition to MTE Mays wave 4, #26 Exhibit ECF 3847 - REPLY in Support of Motion to Exclude Testimony of Jimmy Mays, #27 Exhibit ECF 6649 - Notice of Adoption of Motion to Exclude Testimony of Dr. Jimmy W. Mays, #28 Exhibit ECF 6955 - NOTICE of Adoption of Prior Daubert Response of Jimmy W. Mays, Ph.D, #29 Exhibit ECF 7125 - Notice of Adoption of Prior Daubert REPLY Regarding Jimmy Mays)(Robinson, Susan) (Modified on 1/22/2020 to add party filers) (msa). [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 26 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 3619 - Part 1 - EXHIBITS K-AA Motion to Exclude Iakovlev, #2 Exhibit ECF 3619 - Part 2 - EXHIBITS BB-FF Motion to Exclude Iakovlev, #3 Exhibit ECF 3621 - MOL in Support of MTE Iakovlev, #4 Exhibit ECF 3790 - Pl response to Iak daubert and Exhibit A, #5 Exhibit ECF 3790 - Part 1 - Pl response to Iak daubert and Exhs A-H, #6 Exhibit ECF 3790 - Part 2 - Pl response to Iak daubert and Exhibit I-T, #7 Exhibit ECF 3865 - Def Reply to MTE Iakovlev, #8 Exhibit ECF 6874 - Def MTE Iak and EXHIBITS A-D, #9 Exhibit ECF 6874 - Part 1 - Exhibit D Defs' MTE Iak Wave 8, #10 Exhibit ECF 6874 - Part 2 - EXHIBIT D-H Defs' MTE Iak Wave 8, #11 Exhibit ECF 6875 - Defs' MIS of Iakovlev Wave 8, #12 Exhibit ECF 7038 - Plf's Response to MTE Iakovlev Wave 8, #13 Exhibit ECF 7045 - Plf's Opposition to Defs' MTE Iakovlev Wave 8, #14 Exhibit ECF 7085 - Pl amended NOA response for wave 8, #15 Exhibit ECF 7183 - Def Reply to MTE Iak wave 8, #16 Exhibit ECF 3663 - MTE Paul J. Michaels, #17 Exhibit ECF 3663 - Part 1 - MTE Paul J. Michaels, #18 Exhibit ECF 3663 - Part 2 - MTE Paul J. Michaels, #19 Exhibit ECF 3666 - MIS of Motion to Exclude Testimony of Paul Michaels, M.D, #20 Exhibit ECF 3792 - RESPONSE to MTE Michaels, #21 Exhibit ECF 3814 - REPLY to MTE f Paul Michaels, #22 Exhibit ECF 6830 - NOA of Motion to Exclude Testimony of Paul J. Michaels, #23 Exhibit ECF 6956 - NOA of Prior Daubert Response of Paul J. Michaels, M.D, #24 Exhibit ECF 7129 - NOA of Prior Daubert Reply Regarding Paul J. Michaels, M.D, #25 Exhibit ECF 3626 - MT Limit Klinge, #26 Exhibit ECF 3626 - Part 1 - MT Limit Klinge, #27 Exhibit ECF 3630 - MEMORANDUM In Support of MT Limit Klinge, #28 Exhibit ECF 3767 - Response in Opposition to MTE Klinge, #29 Exhibit ECF 3767 - Part 1 - Response in Opposition to MTE Klinge, #30 Exhibit ECF 3767 - Part 2 - Response in Opposition to MTE Klinge, #31 Exhibit ECF 3767 - Part 3 - Response in Opposition to MTE Klinge, #32 Exhibit ECF 3855 - REPLY IN SUPPORT of Motion to Limit the Testimony of Prof. Dr. Med. Uwe Klinge, #33 Exhibit ECF 6648 - NOA of Ethicon's Motion to Exclude the Testimony Klinge, #34 Exhibit ECF 6833 - Amended Notice of Adoption to Exclude Testimony of Uwe Klinge, #35 Exhibit ECF 6926 - NOTICE of Adoption of Prior Daubert Response of Prof. Dr. Med. Uwe Klinge, #36 Exhibit ECF 7123 - NOTICE of Adoption of Prior Daubert Reply Regarding Prof. Dr. Med. Uwe Klinge)(Robinson, Susan) (Modified on 1/22/2020 to add party filers) (msa). [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 25 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 3589 - MIS of Motion to Exclude Opinions of Jerry Blaivas, MD, #2 Exhibit ECF 3758 - RESPONSE in Opposition to Motion to Exclude Jerry Blaivas, #3 Exhibit ECF 3840 - REPLY Brief Supporting Motion to Exclude Opinions of Jerry Blaivas, #4 Exhibit ECF 6841 - NOTICE of Adoption of Prior Daubert Motion to Exclude Opinions of Jerry Blaivas, #5 Exhibit ECF 6950 - NOTICE of Adoption of Prior Daubert Response of Jerry Blaivas, MD, #6 Exhibit ECF 2068 - Motion to Exclude Certain Opinions of Dr. Zipper Exhibits 1-7, #7 Exhibit ECF 2072 - MIS of Motion to Exclude Certain Opinions of Dr. Zipper, #8 Exhibit ECF 2190 - Response to MTE Zipper Exhibits A-G, #9 Exhibit ECF 2418 - NOA of Prior Daubert Moton to Dr. Zipper, #10 Exhibit ECF 2221 - Reply in Support of Motion to Exclude Certain Opinions of Dr. Zipper, #11 Exhibit ECF 5076 - MTE Opinions of Ralph Zipper, M.D, #12 Exhibit ECF 5077 - MIS to MTE Opinions of Ralph Zipper, M.D, #13 Exhibit ECF 5124 - RESPONSE to MTE of Ralph Zipper, M.D, #14 Exhibit ECF 5178- REPLY in Support of MTE Ralph Zipper, #15 Exhibit ECF 6878 - NOA Daubert Motions and Reply Briefings of Ralph Zipper, #16 Exhibit ECF 6940 - NOA Daubert Response of Ralph Zipper, #17 Exhibit ECF 4355 - MTE BOBBY SHULL, M.D, #18 Exhibit ECF 4361 - MIS of MTE Opinons of Bobby Shull, #19 Exhibit ECF 4554 - RESPONSE to MTE Bobby Shull, #20 Exhibit ECF 4625 - REPLY Brief Supporting MTE Bobby Shull, #21 Exhibit ECF 6827 - NOA of Prior Daubert Motion to Exclude Opinions of Bobby Shull, #22 Exhibit ECF 6961 - NOA of Prior Daubert Response of Bobby Shull, M.D, #23 Exhibit ECF 2073 - Def MTE Shobeiri and EXHIBITS 1-6, #24 Exhibit ECF 2077 - Def MIS of MTE Shobeiri, #25 Exhibit ECF 2170 - PL RIO to Def MTE Shobeiri and EXHIBITS 1-8, #26 Exhibit ECF 2170 - Part 1 - PL RIO to Def MTE Shobeiri EXHS 9-14, #27 Exhibit ECF 2219 - Def RIS of MTE Shobeiri, #28 Exhibit ECF 2764 - Def Supp MTE and NOA of Daubert and Reply Brief, W3 and EXHS A-D, #29 Exhibit ECF 2767 - Def MIS of Supp MTE and NOA or Prior Daubert Mot and Reply of Shoebeiri, #30 Exhibit ECF 2956 - PL RIO to Def MTE Shobeiri, #31 Exhibit ECF 6869 - NOA of Prior Daubert Motions and Reply of Abbas Shobeiri, M.D, #32 Exhibit ECF 6934 - NOA of Prior Daubert Response of Abbas Shobeiri, M.D)(Robinson, Susan) (Modified on 1/22/2020 to add party filers) (msa). [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 24 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 3672 - Part 1 - MTE Testimony of Brian Parker MD, #2 Exhibit ECF 3672 - Part 2 - MTE Testimony of Brian Parker MD, #3 Exhibit ECF 3674 - Pl MIS to Motion to Exclude Brian Parker, #4 Exhibit ECF 3747 - Def RESPONSE to Pl MTE Brian Parker, #5 Exhibit ECF 3858 - REPLY IN SUPPORT of Plf's MTE Testimony of Brian Parker, M.D, #6 Exhibit ECF 6828 - NOA of Prior Motion-Brian Parker, M.D. for W8 by All Plfs, #7 Exhibit ECF 7011 - NOA of W4 Response Re Brian Parker, M.D. for W8 by Defs, #8 Exhibit ECF 7104 - NOA of Prior Daubert Reply of Brian Parker, M.D. for W8, #9 Exhibit ECF 2025 - MTE Joseph Carbone, #10 Exhibit ECF 2027 - MIS MTE Joseph Carbone, #11 Exhibit ECF 2915 - MIO MTE Joseph Carbone, #12 Exhibit ECF 6790 - NOA Prior Daubert of Joseph Carbone, #13 Exhibit ECF 7007 - NOA Prior Response Joseph Carbone, MD, #14 Exhibit ECF 2817 - MTE Bruce Rosenzweig, #15 Exhibit ECF 2818 - MIS of MTE of Bruce Rosenzweig, M.D., #16 Exhibit ECF 2931 - Pl Opposition to MTE Bruce Rosenzweig, #17 Exhibit ECF 5332 - MTE Bruce Rosenzweig, #18 Exhibit ECF 5333 - MIS MTE Bruce Rosenzweig, #19 Exhibit ECF 5482 - MIO MTE Bruce Rosenzweig, #20 Exhibit ECF 5548 - REPLY MTE Bruce Rosenzweig, #21 Exhibit ECF 6852 - NOA Prior MTE Bruce Rosenzweig, #22 Exhibit ECF 6960 - NOA Prior Response Bruce Rosenweig, #23 Exhibit ECF 2815 - MIS of Motion to Exclude Certain General Opinions of Daniel Elliott, MD, #24 Exhibit ECF 2952 - MEMORANDUM in Opposition to Motion to Exclude Opinions of Daniel Elliot, #25 Exhibit ECF 5339 - Motion to Exclude Opinions of Daniel Elliot, MD, #26 Exhibit ECF 5339 - Part 1 - Motion to Exclude Opinions of Daniel Elliot, MD, #27 Exhibit ECF 5340 - MEMORANDUM in Support of Motion to Exclude Opinions of Daniel Elliot, MD, #28 Exhibit ECF 5491 - MEMORANDUM in Opposition to Motion to Exclude Opinions of Daniel Elliot, #29 Exhibit ECF 6842 - NOTICE of Adoption of Prior Daubert Motion to Exclude Opinions of Daniel Elliot, #30 Exhibit ECF 6922 - NOTICE of Adoption of Prior Daubert Response of Daniel Elliot, MD)(Robinson, Susan) (Modified on 1/22/2020 to add party filers) (msa). [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 23 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 and Jury Demand, #2 Exhibit ECF 239 - Master Answer Ethicon, Inc, #3 Exhibit ECF 240 - Master Answer Ethicon LLC, #4 Exhibit ECF 241 - Master Answer Johnson & Johnson, #5 Exhibit ECF 262 - Short Form Complaint, #6 Exhibit ECF 263 - Amended Short Form Complaint, #7 Exhibit ECF 2060 - MTE by all Plaintiffs the Opinions of FDA Expert Timothy Ulatowski, #8 Exhibit ECF 2065 - Memo in Supp of MTE Testimony of Timothy Ulatowski, #9 Exhibit ECF 2134 - Response in Opp to MTE Timothy Ulatowski, #10 Exhibit ECF 2232 - PL Reply Brief in Supp of Their Daubert MTE Timothy Ulatowski, #11 Exhibit ECF 2910 - Notice of Response and Adoption of prior response regarding Timothy Ulatowski, #12 Exhibit ECF 6860 - NOA of Prior Daubert Motion of Timothy Ulatowski, M.D, #13 Exhibit ECF 6965 - NOA of Prior Daubert Response Regarding Timothy Ulatowski, #14 Exhibit ECF 7143 - NOA of Prior Daubert Reply of Timothy Ulatowski, M.D, #15 Exhibit ECF 2039 - Plaintiffs' MTE the Opinions and Testimony of Shelby Thames, #16 Exhibit ECF 2042 - Memo in Supp of MTE Testimony of Shelby Thames, #17 Exhibit ECF 2187 - Resp in Opp to MTE Testimony of Dr. Shelby Thames, Ph.D, #18 Exhibit ECF 2247 - REPLY in Sup of PL MTE the Opinions of Dr. Shelby Thames, #19 Exhibit ECF 2455 - MTE by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames, #20 Exhibit ECF 2455 - Part 1 - MTE by All Plaintiffs to Testimony of Dr. Shelby Thames, #21 Exhibit ECF 2458 - MEMORANDUM in support of MTE of Dr. Shelby Thames, #22 Exhibit ECF 2553 - Response in Opp to Plaintiffs MTE Opinions and Testimony of Shelby Thames, #23 Exhibit ECF 2553 - Part 1 - Response in Opp to Plaintiffs MTE Opinions and Testimony of Shelby Thames, #24 Exhibit ECF 2553 - Part 2 - Response in Opp to Plaintiffs MTE Opinions and Testimony of Shelby Thames, #25 Exhibit ECF 2621 - Reply in support of MTE the Opinions of Dr. Shelby Thames, #26 Exhibit ECF 2839 - MTE by All Plaintiffs the Opinions and Testimony of Dr. Shelby Thames, #27 Exhibit ECF 2839 - Part 1 - MTE by All Plaintiffs the Opinions and Testimony of Dr. Shelby Thames, #28 Exhibit ECF 2841 - Memo in Supp of MTE Testimony of Dr. Shelby Thames, #29 Exhibit ECF 2957 - Resp in Opp to MTE testimony of Dr. Shelby Thames, #30 Exhibit ECF 3037 - REPLY by ALL Plaintiffs in Support of MTE the Opinions of Dr. Shelby Thames, #31 Exhibit ECF 6857 - NOA of Prior Daubert Motion of Shelby Thames, #32 Exhibit ECF 6972 - NOA of Prior Daubert Response of Shelby Thames for Wave 8, #33 Exhibit ECF 7113 - NOA of Prior Daubert Reply of Shelby Thames, M.D)(Robinson, Susan) (Modified on 1/22/2020 to add party filers) (msa). [Transferred from West Virginia Southern on 1/23/2020.] |
Filing 22
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 1/23/2020 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 1/22/2020 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 1/9/2020. (cc: Clerk of the JPMDL; counsel of record) (REF: MDL 2327; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 1/23/2020.]
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| Filing 21 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) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 20 RESPONSE TO ORDER TO SHOW CAUSE by Crystal S. Vincent, Randy J. Vincent (Lowe, Zachary) [Transferred from West Virginia Southern on 1/23/2020.] |
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Filing 19
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) [Transferred from West Virginia Southern on 1/23/2020.]
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Filing 18
ORDER The court ORDERS that by 4/8/2019 plaintiffs' leadership and counsel for ALL defendants with cases identified on Exhibit A attached hereto are directed to go to the court's website at https://www.wvsd.uscourts.gov/MDL/ethicon/forms.html, complete and jointly submit one copy of the Transfer/Remand Information Spreadsheet in Excel format as found on the court's website to the court at WVSDml_MDL_Transfers@wvsd.uscourts.gov; the parties shall use the Transfer/Remand Information Spreadsheet on the court's website, as it is already partially completed; if the court's docket sheet for any case on Exhibit A indicates that the case has closed prior to or after the entry of this order, the parties are directed to so indicate on the Transfer/Remand Information Spreadsheet and need not complete the requested information on the Spreadsheet; the court cautions that many of these cases name other MDL defendants in addition to the Ethicon defendants; the court expects any necessary coordination from all defendants remaining in the cases on Exhibit A. Signed by Judge Joseph R. Goodwin on 3/26/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (sak) (ADI) [Transferred from West Virginia Southern on 1/23/2020.]
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| Filing 17 RESPONSE by Crystal S. Vincent, Randy J. Vincent in opposition to #15 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Lowe, Zachary) (Modified on 10/29/2018 to remove link to #16 memorandum) (mkw). [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 16 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #15 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Higginbotham, Daniel) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 15 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachment: #1 Exhibit A)(Higginbotham, Daniel) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 14 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING DEPOSITIONS OF PLAINTIFF'S FRIENDS AND FAMILY MEMBERS by Ethicon, Inc., Johnson & Johnson, Crystal S. Vincent, Randy J. Vincent. (Robinson, Susan) (Modified on 8/24/2018 to add party filers) (lca). [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 13 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) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 12 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Crystal S. Vincent on 7/23/18 at 9:00 a.m. (Robinson, Susan) [Transferred from West Virginia Southern on 1/23/2020.] |
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Filing 11
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) [Transferred from West Virginia Southern on 1/23/2020.]
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| Filing 10 CERTIFICATE OF SERVICE by Crystal S. Vincent, Randy J. Vincent for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Lowe, Zachary) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 9 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (Higginbotham, Daniel) [Transferred from West Virginia Southern on 1/23/2020.] |
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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) (ts) (ADI) [Transferred from West Virginia Southern on 1/23/2020.]
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| Filing 7 PLAINTIFF PROFILE FORM filed by Crystal S. Vincent, Randy J. Vincent. (Lowe, Zachary) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 3 TRANSMITTED PRETRIAL ORDER # 101 (SHOW CAUSE ORDER RE: MOTION TO APPOINT LIEN RESOLUTION ADMINISTRATOR) entered on 02/18/2014 in MDL 2327 to attorneys in member case. (cbo) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 2 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson. (Thomas, David) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-3012613. (Attachment: #1 Civil Cover Sheet) (ham) [Transferred from West Virginia Southern on 1/23/2020.] |
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