Segrist et al v. Ethicon, Inc. et al
| John Segrist and Sharon Segrist |
| Ethicon, Inc. and Johnson & Johnson |
| 5:2020cv05018 |
| March 9, 2020 |
| US District Court for the District of South Dakota |
| Jeffrey L Viken |
| Torts: Personal Injury - Product Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 45 Case transferred in from District of West Virginia Southern; Case Number 2:15-cv-05202. Original file certified copy of transfer order and docket sheet received. |
| CLERK'S TEXT LETTER TO NON-ADMITTED ATTORNEY(S) Local Rule 83.2 (E) allows attorneys to appear pro hac vice (PHV) if they associate with local counsel. The rule provides, in relevant part, that '[a]n attorney who is not a member of the bar of this court, but who is a member in good standing of the bar of another United States District Court, may, upon motion and approval by the court, participate in the conduct of a particular case, but such motion may be allowed only if the applicant associates with a member in good standing of the bar of this court as local counsel.' Local counsel must sign and file all documents, and must be present in court during all proceedings unless otherwise ordered. The court's local rules are available on the district court's website located at www.sdd.uscourts.gov.To apply for admission PHV, complete the Motion for Admission PHV form found on our website under 'Local Forms' and submit it to local counsel for electronic filing. The PHV fee is $100. Local counsel may pay the fee electronically by using Pay.gov.Docket sheet mailed/emailed to non-resident attorney(s) (MSB) |
| Filing 44 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #36 CONTINUED, MDL ECF (2060) Pls Mot to Exclude Timothy Ulatowski, #2 Exhibit MDL ECF (2065) Pls Mem in Support of Mot to Exclude Timothy Ulatowski, #3 Exhibit MDL ECF (2134) Defs Resp to Mot to Exclude Timothy Ulatowski, #4 Exhibit MDL ECF (2232) Pls Reply to Mot to Exclude Timothy Ulatowski, #5 Exhibit MDL ECF (2910) Defs Supp Resp and Notice of Adoption of Resp Regarding Timothy Ulatowski, #6 Exhibit MDL ECF (6860) Notice of Adoption of Pls Mot to Exclude Timothy Ulatowski, #7 Exhibit MDL ECF (6965) Notice of Adoption of Response to Pls Mot to Exclude Timothy Ulatowski, #8 Exhibit MDL ECF (7143) Notice of Adoption of Reply to Pls Mot to Exclude Timothy Ulatowski)(Gage, William) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 43 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #36 CONTINUED, MDL ECF (2417) Pls Mot to Exclude Robert M. Rogers, #2 Exhibit MDL ECF (2466) Pls Mem in Support of Mot to Exclude Robert M. Rogers, #3 Exhibit MDL ECF (2488) Defs Resp to Mot to Exclude Robert M. Rogers, #4 Exhibit MDL ECF (6840) Notice of Adoption of Pls Mot to Exclude Robert M. Rogers, #5 Exhibit MDL ECF (6993) Notice of Adoption of Response to Pls Mot to Exclude Robert M. Rogers)(Gage, William) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 42 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #36 CONTINUED, MDL ECF (2205) Part 1 Pls Mot to Exclude Steven Maclean, #2 Exhibit MDL ECF (2205) Part 2 Pls Mot to Exclude Steven Maclean, #3 Exhibit MDL ECF (2205) Part 3 Pls Mot to Exclude Steven Maclean, #4 Exhibit MDL ECF (2206) Pls Mem in Support of Mot to Exclude Steven Maclean, #5 Exhibit MDL ECF (2287) Part 1 Defs Resp to Mot to Exclude Steven Maclean, #6 Exhibit MDL ECF (2287) Part 2 Defs Resp to Mot to Exclude Steven Maclean, #7 Exhibit MDL ECF (2297) Pls Reply to Mot to Exclude Steven Maclean, #8 Exhibit MDL ECF (2552) Part 1 Defs Resp to Mot to Exclude Steven Maclean, #9 Exhibit MDL ECF (2552) Part 2 Defs Resp to Mot to Exclude Steven Maclean, #10 Exhibit MDL ECF (2552) Part 3 Defs Resp to Mot to Exclude Steven Maclean, #11 Exhibit MDL ECF (2825) Pls Mot to Exclude Steven Maclean, #12 Exhibit MDL ECF (2826) Pls Mem in Support of Mot to Exclude Steven Maclean, #13 Exhibit MDL ECF (2942) Defs Resp to Mot to Exclude Steven Maclean, #14 Exhibit MDL ECF (3053) Pls Reply to Mot to Exclude Steven Maclean, #15 Exhibit MDL ECF (6824) Notice of Adoption of Pls Mot to Exclude Steven Maclean, #16 Exhibit MDL ECF (6998) Notice of Adoption of Response to Pls Mot to Exclude Steven Maclean, #17 Exhibit MDL ECF (7100) Notice of Adoption of Reply to Pls Mot to Exclude Steven Maclean)(Gage, William) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 41 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #36 CONTINUED, MDL ECF (2076) Pls Mot to Exclude Teri A. Longacre, #2 Exhibit MDL ECF (2098) Pls Mem in Support of Mot to Exclude Teri A. Longacre, #3 Exhibit MDL ECF (2140) Defs Resp to Mot to Exclude Teri A. Longacre, #4 Exhibit MDL ECF (2253) Pls Mem in Support of Mot to Exclude Teri A. Longacre, #5 Exhibit MDL ECF (6820) Notice of Adoption of Pls Mot to Exclude Teri A. Longacre, #6 Exhibit MDL ECF (6969) Notice of Adoption of Response to Pls Mot to Exclude Teri A. Longacre, #7 Exhibit MDL ECF (7099) Notice of Adoption of Reply to Pls Mot to Exclude Teri A. Longacre)(Gage, William) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 40 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #36 CONTINUED, MDL ECF (2759) - Defs Mot to Exclude Peggy Pence, #2 Exhibit MDL ECF (2760) Defs Mem in Support of Mot to Exclude Peggy Pence, #3 Exhibit MDL ECF (2949) Pls Resp to Mot to Exclude Peggy Pence, #4 Exhibit MDL ECF (3017) - Defs Reply in Support of Mot to Exclude Peggy Pence, #5 Exhibit MDL ECF (6821) - Notice of Adoption of Defs Mot to Exclude Peggy Pence, #6 Exhibit MDL ECF (6958) Notice of Adoption of Pls' Resp to Mot to Exclude Peggy Pence, #7 Exhibit MDL ECF (7177) Notice of Adoption of Reply to Defs Mot to Exclude Peggy Pence)(Gage, William) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 39 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #36 CONTINUED, MDL ECF (3626) Part 1- Defs Mot to Exclude Uwe Klinge, #2 Exhibit MDL ECF (3626) Part 2- Defs Mot to Exclude Uwe Klinge, #3 Exhibit MDL ECF (3630) Defs Mem in Support of Mot to Exclude Uwe Klinge, #4 Exhibit MDL ECF (3767) Part 1 Pls Resp to Mot to Exclude Uwe Klinge, #5 Exhibit MDL ECF (3767) Part 2 Pls Resp to Mot to Exclude Uwe Klinge, #6 Exhibit MDL ECF (3767) Part 3 Pls Resp to Mot to Exclude Uwe Klinge, #7 Exhibit MDL ECF (3767) Part 4 Pls Resp to Mot to Exclude Uwe Klinge, #8 Exhibit MDL ECF (3855) - Defs Reply in Support of Mot to Exclude Uwe Klinge, #9 Exhibit MDL ECF (6648) - Notice of Adoption of Defs Mot to Exclude Uwe Klinge, #10 Exhibit MDL ECF (6833) Amended Notice of Adoption of Defs Mot to Exclude Uwe Klinge, #11 Exhibit MDL ECF (6926) Notice of Adoption of Pls' Resp to Mot to Exclude Uwe Klinge, #12 Exhibit MDL ECF (7123) Notice of Adoption of Reply to Defs Mot to Exclude Uwe Klinge)(Gage, William) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 38 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #36 CONTINUED, MDL ECF (3619) Part 1- Defs Mot to Exclude Vladimir Iakovlev, #2 Exhibit MDL ECF (3619) Part 2- Defs Mot to Exclude Vladimir Iakovlev, #3 Exhibit MDL ECF (3621) Defs Mem in Support of Mot to Exclude Vladimir Iakovlev, #4 Exhibit MDL ECF (3790) Part 1 Pls Resp to Mot to Exclude Vladimir Iakovlev, #5 Exhibit MDL ECF (3790) Part 2 Pls Resp to Mot to Exclude Vladimir Iakovlev, #6 Exhibit MDL ECF (3790) Part 3 Pls Resp to Mot to Exclude Vladimir Iakovlev, #7 Exhibit MDL ECF (3865) - Defs Reply in Support of Mot to Exclude Vladimir Iakovlev, #8 Exhibit MDL ECF (6874) Part 1 - Defs Mot to Exclude Vladimir Iakovlev, #9 Exhibit MDL ECF (6874) Part 2 - Defs Mot to Exclude Vladimir Iakovlev, #10 Exhibit MDL ECF (6874) Part 3 - Defs Mot to Exclude Vladimir Iakovlev, #11 Exhibit MDL ECF (6875) Defs Mem in Support of Mot to Exclude Vladimir Iakovlev, #12 Exhibit MDL ECF (7038) Notice of Adoption of Pls' Resp to Mot to Exclude Vladimir Iakovlev, #13 Exhibit MDL ECF (7045) Pls Resp to Mot to Exclude Vladimir Iakovlev, #14 Exhibit MDL ECF (7085) Amended Notice of Adoption of Pls' Resp to Mot to Exclude Vladimir Iakovlev, #15 Exhibit MDL ECF (7183) - Defs Reply in Support of Mot to Exclude Vladimir Iakovlev)(Gage, William) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 37 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #36 CONTINUED, MDL ECF (2082) Part 1 - Defs Mot to Exclude Daniel Elliott, #2 Exhibit MDL ECF (2082) Part 2 - Defs Mot to Exclude Daniel Elliott, #3 Exhibit MDL ECF (2082) Part 3 - Defs Mot to Exclude Daniel Elliott, #4 Exhibit MDL ECF (2191) Pls Amended Resp to Mot to Exclude Daniel Elliott, #5 Exhibit MDL ECF (2815) Defs Mem in Support of Mot to Exclude Daniel Elliott, #6 Exhibit MDL ECF (2952) Pls Resp to Mot to Exclude Daniel Elliott, #7 Exhibit MDL ECF (5339) Part 1 - Defs Mot to Exclude Daniel Elliott, #8 Exhibit MDL ECF (5339) Part 2 - Defs Mot to Exclude Daniel Elliott, #9 Exhibit MDL ECF (5340) Defs Mem in Support of Mot to Exclude Daniel Elliott, #10 Exhibit MDL ECF (5491) Pls Resp to Mot to Exclude Daniel Elliott, #11 Exhibit MDL ECF (6842) - Notice of Adoption of Defs Mot and Mem in Support of Mot to Exclude Daniel Elliott, #12 Exhibit MDL ECF (6922) Notice of Adoption of Pls' Resp to Defs Mot to Exclude Daniel Elliott)(Gage, William) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 36 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) [Transferred from West Virginia Southern on 3/9/2020.] |
Filing 35
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 03/06/2020 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 03/05/2020 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 02/21/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (kew) [Transferred from West Virginia Southern on 3/9/2020.]
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| Filing 34 NOTICE OF REQUEST OF ATTORNEY TO BE REMOVED FROM THE COURTS SERVICE LIST FORM by Camille Lynn Easterbrook (Easterbrook, Camille) (Modified on 10/23/2019 to correct event) (ts). [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 33 NOTICE of Withdrawal as Counsel by Camille Easterbrook for Ethicon, Inc., Johnson & Johnson (Easterbrook, Camille) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 32 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Exh 1-List of Cases, #2 Exh 2- Letter)(Gage, William) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 31 RESPONSE TO ORDER TO SHOW CAUSE by John Segrist, Sharon Segrist (Balefsky, Lee) [Transferred from West Virginia Southern on 3/9/2020.] |
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Filing 30
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 3/9/2020.]
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Filing 29
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) [Transferred from West Virginia Southern on 3/9/2020.]
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| Filing 28 NOTICE OF REQUEST TO BE REMOVED FROM THE COURT'S SERVICE LIST by Alexander Daniel MacMullan on behalf of Ethicon, Inc., Johnson & Johnson. (MacMullan, Alexander) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 27 NOTICE of Withdrawal by Ethicon, Inc. and Johnson & Johnson (MacMullan, Alexander) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 26 NOTICE OF ATTORNEY APPEARANCE by Julia M. Rafferty on behalf of Ethicon, Inc., Johnson & Johnson. (Rafferty, Julia) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 25 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Alexander Daniel MacMullan updating name and/or firm information on behalf of Ethicon, Inc., Johnson & Johnson. (MacMullan, Alexander) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 24 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Camille Lynn Easterbrook updating name and/or firm information on behalf of Ethicon, Inc., Johnson & Johnson. (Easterbrook, Camille) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 23 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Joseph E. O'Neil updating name and/or firm information on behalf of Ethicon, Inc., Johnson & Johnson. (O'Neil, Joseph) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 22 OPPOSITION by John Segrist, Sharon Segrist to #20 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Attachments: #1 Proposed Order, #2 Certificate of Service)(Balefsky, Lee) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 21 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #20 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Gage, William) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 20 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Attachment: #1 Exhibit A)(Gage, William) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 19 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING DEPOSITIONS OF PLAINTIFF'S FRIENDS AND FAMILY MEMBERS by Ethicon, Inc., Johnson & Johnson, Sharon Segrist (Easterbrook, Camille) (Modified on 10/1/2018 to add party filer)(rmc). [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 18 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Defendants Non-Retained Expert Disclosures. (Gage, William) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 17 AMENDED NOTICE OF VIDEOTAPED DEPOSITION by Ethicon, Inc., Johnson & Johnson of Sharon Segrist on 7/2/18 at 9:00 a.m. (Easterbrook, Camille) [Transferred from West Virginia Southern on 3/9/2020.] |
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Filing 16
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) (mek) (ADI) [Transferred from West Virginia Southern on 3/9/2020.]
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| Filing 15 AMENDED CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (O'Neil, Joseph) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 14 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (O'Neil, Joseph) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 13 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Camille Lynn Easterbrook on behalf of Ethicon, Inc., Johnson & Johnson. (Easterbrook, Camille) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 12 NOTICE OF VIDEOTAPED DEPOSITION by Ethicon, Inc., Johnson & Johnson of Sharon Segrist on 6/13/2018 at 2:00 p.m. (MacMullan, Alexander) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 11 NOTICE OF WITHDRAWAL by Ethicon, Inc., Johnson & Johnson of #7 Notice of Videotaped Deposition (Gage, William) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 10 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Alexander Daniel MacMullan on behalf of Ethicon, Inc., Johnson & Johnson. (MacMullan, Alexander) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Joseph E. O'Neil on behalf of Ethicon, Inc., Johnson & Johnson. (O'Neil, Joseph) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 7 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Helen L. Frederickson on 4/9/2018 at 9:00 a.m. (Robinson, Susan) [Transferred from West Virginia Southern on 3/9/2020.] |
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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 3/9/2020.]
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| Filing 6 PLAINTIFF PROFILE FORM filed by John Segrist, Sharon Segrist. (Gomez, Christopher) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 5 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 3/9/2020.] |
| 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 3/9/2020.] |
| Filing 3 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 3/9/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 172 (Final Order Regarding Severance of Actions) entered on 04/24/2015 in MDL 2327 to attorneys in member case. (kw) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-3857407. (Attachment: #1 Civil Cover Sheet) (tlg) [Transferred from West Virginia Southern on 3/9/2020.] |
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