Orr et al v. Ethicon, Inc. et al (TV1)
| Allen Orr and Cindy Orr |
| Ethicon Women's Health and Urology, Gynecare, Johnson & Johnson and Ethicon, Inc. |
| 2:2020cv00110 |
| June 4, 2020 |
| US District Court for the Eastern District of Tennessee |
| H Bruce Guyton |
| Thomas A Varlan |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 125 NOTICE by Ethicon, Inc., Johnson & Johnson Subpoena to Sedgwick Corporation Service Company (Sutherland, Kari) |
| Filing 124 NOTICE by Ethicon, Inc., Johnson & Johnson Subpoena to Lowe's Home Centers, LLC (Sutherland, Kari) |
| Filing 123 NOTICE of Appearance by Benjamin A Gastel on behalf of Allen Orr, Cindy Orr (Gastel, Benjamin) |
| Filing 122 MAIL RETURNED as Undeliverable. Mail sent to Joshua C. Carpenter re #109 Order Governing Sealing Confidential Information, #108 Order Governing Motions To Dismiss, #107 Order Governing Depositions, and #106 NOTICE of Deficiency (Pro Hac)((Attorney Joshua C. Carpenter has withdrawn from the case. See Doc. 112) (AMP) |
| Filing 121 MAIL RETURNED as Undeliverable/Return to Sender/Attempted - Not Known/Unable to Forward. Mail sent to Patricia Elaine Lowry re #109 Order Governing Sealing Confidential Information, #108 Order Governing Motions To Dismiss, #107 Order Governing Depositions, and #106 NOTICE of Deficiency (Pro Hac). (Attorney Patricia Elaine Lowry has withdrawn from the case. See Doc. 112) (AMP) |
| Filing 120 MAIL RETURNED as Undeliverable/Return to Sender/No Forwarding Address. Mail sent to William J Doyle, II re #109 Order Governing Sealing Confidential Information, #108 Order Governing Motions To Dismiss, #107 Order Governing Depositions, and #106 NOTICE of Deficiency (Pro Hac). (Attorney William J Doyle, II, has withdrawn from the case. See Doc. 119) (AMP) |
| Filing 119 Notice of Attorney Withdrawal Attorney Christopher W. Cantrell and William J Doyle, II terminated. (Stranch, J.) |
Filing 118
ORDER granting #117 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge H. Bruce Guyton on 6/19/2020. (This entry constitutes the complete Order of the Court). (AGA) Modified on 6/22/2020 to reflect Order mailed to John Lowther (AMP).
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| Clerk's Verification of PHV Requirements is complete regarding document: #117 MOTION for Leave to Appear Pro Hac Vice of John Lowther ( Filing fee $ 90 receipt number ATNEDC-4381301.) filed by Allen Orr, Cindy Orr (AMP) |
| Filing 117 MOTION for Leave to Appear Pro Hac Vice of John Lowther ( Filing fee $ 90 receipt number ATNEDC-4381301.) by Allen Orr, Cindy Orr. (Attachments: #1 Other Certificate of Good Standing)(Stranch, J.) |
| Filing 116 Administrative Notice to Counsel #115 Notice (Other) : Wrong event used. Please refile the Notice of Withdrawal using the event Notice of Attorney Withdrawal under Notices. Requirements due by 6/22/2020. (AMP) |
| Filing 115 NOTICE by Allen Orr, Cindy Orr of Withdrawal (Stranch, J.) |
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Filing 114
ORDER granting #113 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge H. Bruce Guyton on 6/12/2020. (This entry constitutes the complete Order of the Court). (AGA) Modified on 6/15/2020 to reflect mailed to James Hail (AMP).
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| Clerk's Verification of PHV Requirements is complete regarding document: #113 MOTION for Leave to Appear Pro Hac Vice for James R. Hail ( Filing fee $ 90 receipt number ATNEDC-4372985.) filed by Allen Orr, Cindy Orr (AMP) |
| Filing 113 MOTION for Leave to Appear Pro Hac Vice for James R. Hail ( Filing fee $ 90 receipt number ATNEDC-4372985.) by Allen Orr, Cindy Orr. (Attachments: #1 Other Certificate of Good Standing)(Stranch, J.) |
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Filing 112
ORDER granting #111 Amended MOTION: Attorneys Christy Jones, Laura Dixon, William Gage, Andrea LaVerne Edney, Susanna Moldoveanu, Margaret Loveman, David Thomas, Susan Robinson, Philip Combs, Joshua Carpenter, Patricia Lowry, and Andrew Kruppa are RELIEVED of their duties as counsel in this matter, and Attorney Kari Sutherland will remain as counsel of record for Defendants. Finally, the Motion to Withdraw [Doc. #110 ] is DENIED AS MOOT. Signed by Magistrate Judge H Bruce Guyton on 6/8/20. (JBR)
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| Filing 111 Amended MOTION to Withdraw as Attorney by Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) |
| Filing 110 MOTION to Withdraw as Attorney by Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) |
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Filing 109
Order Governing Sealing Confidential Information. Signed by District Judge Thomas A Varlan on 06/04/2020. (Copy of Order mailed to Christopher W. Cantrell; John Lowther; William J. Doyle, II; James Robert Hail; Andrew R. Kruppa; Christy D. Jones; David B. Thomas; Joshua C. Carpenter; Patricia Elaine Lowry; Philip J. Combs; Susan M. Robinson; Andrea La'Verne Edney; Laura H. Dixon; Margaret H. Loveman; and William M. Gage) (AMP)
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Filing 108
Order Governing Motions To Dismiss. Signed by District Judge Thomas A Varlan on 06/04/2020. (Copy of Order mailed to Christopher W. Cantrell; John Lowther; William J. Doyle, II; James Robert Hail; Andrew R. Kruppa; Christy D. Jones; David B. Thomas; Joshua C. Carpenter; Patricia Elaine Lowry; Philip J. Combs; Susan M. Robinson; Andrea La'Verne Edney; Laura H. Dixon; Margaret H. Loveman; and William M. Gage) (AMP)
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Filing 107
Order Governing Depositions. Signed by District Judge Thomas A Varlan on 06/04/2020. (Copy of Order mailed to Christopher W. Cantrell; John Lowther; William J. Doyle, II; James Robert Hail; Andrew R. Kruppa; Christy D. Jones; David B. Thomas; Joshua C. Carpenter; Patricia Elaine Lowry; Philip J. Combs; Susan M. Robinson; Andrea La'Verne Edney; Laura H. Dixon; Margaret H. Loveman; and William M. Gage) (AMP)
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| Filing 106 NOTICE of Deficiency (Pro Hac): Attorneys Christopher W. Cantrell; John Lowther; William J. Doyle, II; James Robert Hail; Andrew R. Kruppa; Christy D. Jones; David B. Thomas; Joshua C. Carpenter; Patricia Elaine Lowry; Philip J. Combs; Susan M. Robinson; Andrea La'Verne Edney; Laura H. Dixon; Margaret H. Loveman; William M. Gage; and Susanna M. Moldoveanu are not admitted (See LR 83.5). This matter will be referred to a magistrate judge if a pro hac motion is not filed within 15 days of this Notice. A form motion can be found here: https://www.tned.uscourts.gov/forms/motion-admission-pro-hac-vice. (Copy of Notice mailed to Christopher W. Cantrell; John Lowther; William J. Doyle, II; James Robert Hail; Andrew R. Kruppa; Christy D. Jones; David B. Thomas; Joshua C. Carpenter; Patricia Elaine Lowry; Philip J. Combs; Susan M. Robinson; Andrea La'Verne Edney; Laura H. Dixon; Margaret H. Loveman; and William M. Gage) (AMP) |
| Filing 105 Case transferred in from District of West Virginia Southern; Case Number 2:12-cv-03738. |
| Filing 104 CONDITIONAL REMAND ORDER, JUDICIAL PANEL ON MDL: copy remanding Hudspeth v. Ethicon, Inc., et al. to the USDC/FLM and Orr et al v. Ethicon, Inc., et al. case to the USDC/TNE; the coordinated or consolidated pretrial proceedings in the civil actions have been completed and that remand to the transferor court, as provided in 28 U.S.C. 1407(a), is appropriate; these actions are remanded to the transferor court. Signed by John W. Nichols, Clerk of the Panel on 5/27/2020. (cc: attys) (ts) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 103 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF (2649) Memorandum Opinion and Order (Daubert Motion re: Timothy Ulatowski), #2 Exhibit MDL ECF (3536) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Timothy Ulatowski), #3 Exhibit MDL ECF (4195) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Timothy Ulatowski), #4 Exhibit MDL ECF (6318) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Timothy Ulatowski), #5 Exhibit MDL ECF (6391) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Timothy Ulatowski), #6 Exhibit MDL ECF (6486) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Timothy Ulatowski))(Stranch, J.) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 102 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF (2723) Memorandum Opinion and Order (Daubert Motion re: Shelby Thames), #2 Exhibit MDL ECF (3563) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Shelby Thames), #3 Exhibit MDL ECF (4201) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Shelby Thames), #4 Exhibit MDL ECF (5154) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Shelby Thames), #5 Exhibit MDL ECF (6397) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Shelby Thames), #6 Exhibit MDL ECF (6415) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Shelby Thames), #7 Exhibit MDL ECF (6471) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Shelby Thames), #8 Exhibit MDL ECF (6518) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Shelby Thames))(Stranch, J.) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 101 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF (3549) Memorandum Opinion and Order (Daubert Motion re: Larry T. Sirls, M.D.), #2 Exhibit MDL ECF (3773) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Larry T. Sirls, M.D.), #3 Exhibit MDL ECF (4214) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Larry T. Sirls, M.D.), #4 Exhibit MDL ECF (6279) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Larry T. Sirls, M.D.), #5 Exhibit MDL ECF (6367) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Larry T. Sirls, M.D.), #6 Exhibit MDL ECF (6470) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Larry T. Sirls, M.D.))(Stranch, J.) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 100 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF (2668) Memorandum Opinion and Order (Daubert Motion re: Bruce Rosenzweig, M.D.), #2 Exhibit MDL ECF (3532) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Bruce Rosenzweig, M.D.), #3 Exhibit MDL ECF (4186) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Bruce Rosenzweig, M.D.), #4 Exhibit MDL ECF (6393) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Bruce Rosenzweig, M.D.), #5 Exhibit MDL ECF (6408) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Bruce Rosenzweig, M.D.), #6 Exhibit MDL ECF (6519) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Bruce Rosenzweig, M.D.), #7 Exhibit MDL ECF (6615) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Bruce Rosenzweig, M.D.))(Stranch, J.) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 99 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF (2646) Memorandum Opinion and Order (Daubert Motion re: Dr. Jimmy Mays), #2 Exhibit MDL ECF (3514) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Dr. Jimmy Mays), #3 Exhibit MDL ECF (4185) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Dr. Jimmy Mays), #4 Exhibit MDL ECF (6271) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Dr. Jimmy Mays), #5 Exhibit MDL ECF (6341) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Dr. Jimmy Mays), #6 Exhibit MDL ECF (6459) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Dr. Jimmy Mays), #7 Exhibit MDL ECF (6530) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Dr. Jimmy Mays))(Stranch, J.) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 98 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF (2642) Memorandum Opinion and Order (Daubert Motion re: Prof. Dr. Med Uwe Klinge), #2 Exhibit MDL ECF (3525) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Prof. Dr. Med Uwe Klinge), #3 Exhibit MDL ECF (4172) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Prof. Dr. Med Uwe Klinge), #4 Exhibit MDL ECF (6398) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Prof. Dr. Med Uwe Klinge), #5 Exhibit MDL ECF (6413) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Prof. Dr. Med Uwe Klinge), #6 Exhibit MDL ECF (6458) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Prof. Dr. Med Uwe Klinge), #7 Exhibit MDL ECF (6517) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Prof. Dr. Med Uwe Klinge))(Stranch, J.) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 97 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF (2666) Memorandum Opinion and Order (Daubert Motion re: Daniel Elliott, M.D.), #2 Exhibit MDL ECF (4152) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Daniel Elliott, M.D.), #3 Exhibit MDL ECF (6409) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Daniel Elliott, M.D.), #4 Exhibit MDL ECF (6522) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Daniel Elliott, M.D.), #5 Exhibit MDL ECF (6614) Order Adopting Memorandum Opinion and Order (Daubert Motion re: Daniel Elliott, M.D.))(Stranch, J.) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 96 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #86 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 In Support of 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 (7346) Notice of Adoption of Pls' Mot to Exclude Timothy Ulatowski, #7 Exhibit MDL ECF (8529) Notice of Adoption of Pls' Mot to Exclude Timothy Ulatowski, #8 Exhibit MDL ECF (8623) - Notice of Adoption of Defs' Resp to Mot to Exclude Timothy Ulatowski)(Gage, William) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 95 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #86 CONTINUED, MDL ECF (2039) - Pls' Mot to Exclude Shelby Thames, #2 Exhibit MDL ECF (2042) - Pls' Mem in Support of Mot to Exclude Shelby Thames, #3 Exhibit MDL ECF (2187) - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #4 Exhibit MDL ECF (2247) - Pls' Reply in Support of Mot to Exclude Shelby Thames, #5 Exhibit MDL ECF (2455) Part 1 - Pls' Mot to Exclude Shelby Thames, #6 Exhibit MDL ECF (2455) Part 2 - Pls' Mot to Exclude Shelby Thames, #7 Exhibit MDL ECF (2458) - Pls' Mem in Support of Mot to Exclude Shelby Thames, #8 Exhibit MDL ECF (2553) Part 1 - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #9 Exhibit MDL ECF (2553) Part 2 - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #10 Exhibit MDL ECF (2553) Part 3 - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #11 Exhibit MDL ECF (2621) - Pls' Reply in Support of Mot to Exclude Shelby Thames, #12 Exhibit MDL ECF (2839) Part 1 - Pls' Mot to Exclude Shelby Thames, #13 Exhibit MDL ECF (2839) Part 2 - Pls' Mot to Exclude Shelby Thames, #14 Exhibit MDL ECF (2841) - Pls' Mem in Support of Mot to Exclude Shelby Thames, #15 Exhibit MDL ECF (2957) - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #16 Exhibit MDL ECF (3037) - Pls' Reply in Support of Mot to Exclude Shelby Thames, #17 Exhibit MDL ECF (8071) Pls' Mot to Exclude Shelby Thames, #18 Exhibit MDL ECF (8073) Pls' Mem in Support of Mot to Exclude Shelby Thames, #19 Exhibit MDL ECF (8557) Notice of Adoption of Pls' Mot to Exclude Shelby Thames, #20 Exhibit MDL ECF (8644) - Notice of Adoption of Defs' Resp to Mot to Exclude Shelby Thames)(Gage, William) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 94 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #86 CONTINUED, MDL ECF (2479) Pls Mot to Exclude Larry T. Sirls II, #2 Exhibit MDL ECF (2480) Pls Mem in Support of Mot to Exclude Larry T. Sirls II, #3 Exhibit MDL ECF (2936) Defs Resp to Pls Mot to Exclude Larry T. Sirls II, #4 Exhibit MDL ECF (3288) Pls Reply in Support of Mot to Exclude Larry T. Sirls II, #5 Exhibit MDL ECF (8514) Notice of Adoption of Pls Mot to Exclude Larry T. Sirls II, #6 Exhibit MDL ECF (8624) Notice of Adoption of Defs Resp to Pls Mot to Exclude Larry T. Sirls II)(Gage, William) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 93 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #86 CONTINUED, MDL ECF (6876) Pls Mot to Exclude C. Bryce Bowling, #2 Exhibit MDL ECF (6877) Pls Mem in Support of Mot to Exclude C. Bryce Bowling, #3 Exhibit MDL ECF (7020) Part 1 Defs' Resp to Pls Mot to Exclude C. Bryce Bowling, #4 Exhibit MDL ECF (7020) Part 2 Defs' Resp to Pls Mot to Exclude C. Bryce Bowling, #5 Exhibit MDL ECF (8476) Notice of Adoption of Pls' Mot to Exclude C. Bryce Bowling, #6 Exhibit MDL ECF (8648) Notice of Adoption of Defs' Resp to Mot to Exclude C. Bryce Bowling)(Gage, William) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 92 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #86 CONTINUED, MDL ECF (5482) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #2 Exhibit MDL ECF (5548) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #3 Exhibit MDL ECF (8541) Notice of Adoption of Defs Mot to Exclude Bruce Rosenzweig, #4 Exhibit MDL ECF (8599) - Notice of Adoption of Pls Resp to Defs Mot to Exclude Bruce Rosenzweig)(Gage, William) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 91 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #86 CONTINUED, MDL ECF (2049) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #2 Exhibit MDL ECF (2163) Part 1 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #3 Exhibit MDL ECF (2163) Part 2 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #4 Exhibit MDL ECF (2163) Part 3 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #5 Exhibit MDL ECF (2241) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #6 Exhibit MDL ECF (2047) Part 1 - Defs' Mot to Exclude Bruce Rosenzweig, #7 Exhibit MDL ECF (2047) Part 2 - Defs' Mot to Exclude Bruce Rosenzweig, #8 Exhibit MDL ECF (2047) Part 3 - Defs' Mot to Exclude Bruce Rosenzweig, #9 Exhibit MDL ECF (2047) Part 4 - Defs' Mot to Exclude Bruce Rosenzweig, #10 Exhibit MDL ECF (2047) Part 5 - Defs' Mot to Exclude Bruce Rosenzweig, #11 Exhibit MDL ECF (2047) Part 6 - Defs' Mot to Exclude Bruce Rosenzweig, #12 Exhibit MDL ECF (2047) Part 7 - Defs' Mot to Exclude Bruce Rosenzweig, #13 Exhibit MDL ECF (2047) Part 8 - Defs' Mot to Exclude Bruce Rosenzweig, #14 Exhibit MDL ECF (2047) Part 9 - Defs' Mot to Exclude Bruce Rosenzweig, #15 Exhibit MDL ECF (2047) Part 10 - Defs' Mot to Exclude Bruce Rosenzweig, #16 Exhibit MDL ECF (2047) Part 11 - Defs' Mot to Exclude Bruce Rosenzweig, #17 Exhibit MDL ECF (2047) Part 12 - Defs' Mot to Exclude Bruce Rosenzweig, #18 Exhibit MDL ECF (2047) Part 13 - Defs' Mot to Exclude Bruce Rosenzweig, #19 Exhibit MDL ECF (2047) Part 14 - Defs' Mot to Exclude Bruce Rosenzweig, #20 Exhibit MDL ECF (2817) - Defs' Mot to Exclude Bruce Rosenzweig, #21 Exhibit MDL ECF (2818) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #22 Exhibit MDL ECF (2931) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #23 Exhibit MDL ECF (3024) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #24 Exhibit MDL ECF (5332) - Defs' Mot to Exclude Bruce Rosenzweig, #25 Exhibit MDL ECF (5333) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig)(Gage, William) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 90 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #86 CONTINUED, MDL ECF (2071) Part 1 - Defs Mot to Exclude Jimmy Mays, #2 Exhibit MDL ECF (2071) Part 2 - Defs Mot to Exclude Jimmy Mays, #3 Exhibit MDL ECF (2071) Part 3 - Defs Mot to Exclude Jimmy Mays, #4 Exhibit MDL ECF (2074) - Defs' Mem in Support of Mot to Exclude Jimmy Mays, #5 Exhibit MDL ECF (2144) - Pls' Resp to Defs' Mot to Exclude Jimmy Mays, #6 Exhibit MDL ECF (2209) - Defs' Reply in Support of Mot to Exclude Jimmy Mays, #7 Exhibit MDL ECF (3031) - Defs' Reply in Support of Mot to Exclude Jimmy Mays, #8 Exhibit MDL ECF (3642) Part 1 - Defs' Mot to Exclude Jimmy Mays, #9 Exhibit MDL ECF (3642) Part 2 - Defs' Mot to Exclude Jimmy Mays, #10 Exhibit MDL ECF (3647) - Defs' Mem in Support of Mot to Exclude Jimmy Mays, #11 Exhibit MDL ECF (3751) - Pls' Resp to Defs' Mot to Exclude Jimmy Mays, #12 Exhibit MDL ECF (3847) - Defs' Reply in Support of Mot to Exclude Jimmy Mays, #13 Exhibit MDL ECF (8521) - Notice of Adoption of Defs' Mot to Exclude Jimmy Mays, #14 Exhibit MDL ECF (8591) - Notice of Adoption of Pls' Resp to Mot to Exclude Jimmy Mays)(Gage, William) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 89 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #86 CONTINUED, MDL ECF (2188) Part 1 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #2 Exhibit MDL ECF (2188) Part 2 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #3 Exhibit MDL ECF (2188) Part 3 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #4 Exhibit MDL ECF (2188) Part 4 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #5 Exhibit MDL ECF (2200) - Defs' Reply in Support of Mot to Exclude Uwe Klinge, #6 Exhibit MDL ECF (3626) Part 1 - Defs' Mot to Exclude Uwe Klinge, #7 Exhibit MDL ECF (3626) Part 2 - Defs' Mot to Exclude Uwe Klinge, #8 Exhibit MDL ECF (3630) - Defs' Mem in Support of Mot to Exclude Uwe Klinge, #9 Exhibit MDL ECF (3767) Part 1 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #10 Exhibit MDL ECF (3767) Part 2 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #11 Exhibit MDL ECF (3767) Part 3 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #12 Exhibit MDL ECF (3767) Part 4 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #13 Exhibit MDL ECF (3855) - Defs' Reply in Support of Mot to Exclude Uwe Klinge, #14 Exhibit MDL ECF (8519) - Notice of Adoption of Defs' Mot to Exclude Uwe Klinge, #15 Exhibit MDL ECF (8588) - Notice of Adoption of Pls' Resp to Mot to Exclude Uwe Klinge)(Gage, William) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 88 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #86 CONTINUED, MDL ECF (1978) Part 1 - Defs' Mot to Exclude Uwe Klinge, #2 Exhibit MDL ECF (1978) Part 2 - Defs' Mot to Exclude Uwe Klinge, #3 Exhibit MDL ECF (1978) Part 3 - Defs' Mot to Exclude Uwe Klinge, #4 Exhibit MDL ECF (1978) Part 4 - Defs' Mot to Exclude Uwe Klinge, #5 Exhibit MDL ECF (1978) Part 5 - Defs' Mot to Exclude Uwe Klinge, #6 Exhibit MDL ECF (1978) Part 6 - Defs' Mot to Exclude Uwe Klinge, #7 Exhibit MDL ECF (1978) Part 7 - Defs' Mot to Exclude Uwe Klinge, #8 Exhibit MDL ECF (1978) Part 8 - Defs' Mot to Exclude Uwe Klinge, #9 Exhibit MDL ECF (1978) Part 9 - Defs' Mot to Exclude Uwe Klinge, #10 Exhibit MDL ECF (1978) Part 10 - Defs' Mot to Exclude Uwe Klinge, #11 Exhibit MDL ECF (1978) Part 11 - Defs' Mot to Exclude Uwe Klinge, #12 Exhibit MDL ECF (1978) Part 12 - Defs' Mot to Exclude Uwe Klinge, #13 Exhibit MDL ECF (1978) Part 13 - Defs' Mot to Exclude Uwe Klinge, #14 Exhibit MDL ECF (1978) Part 14 - Defs' Mot to Exclude Uwe Klinge, #15 Exhibit MDL ECF (1978) Part 15 - Defs' Mot to Exclude Uwe Klinge, #16 Exhibit MDL ECF (1978) Part 16 - Defs' Mot to Exclude Uwe Klinge, #17 Exhibit MDL ECF (1978) Part 17 - Defs' Mot to Exclude Uwe Klinge, #18 Exhibit MDL ECF (1978) Part 18 - Defs' Mot to Exclude Uwe Klinge, #19 Exhibit MDL ECF (1978) Part 19 - Defs' Mot to Exclude Uwe Klinge, #20 Exhibit MDL ECF (1978) Part 20 - Defs' Mot to Exclude Uwe Klinge, #21 Exhibit MDL ECF (1978) Part 21 - Defs' Mot to Exclude Uwe Klinge, #22 Exhibit MDL ECF (1982) - Defs' Mem in Support of Mot to Exclude Uwe Klinge)(Gage, William) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 87 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #86 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 (2085) - Defs' Mem in Support of Mot to Exclude Daniel Elliott, #5 Exhibit MDL ECF (2191) - Pls' Amended Resp to Defs' Mot to Exclude Daniel Elliott, #6 Exhibit MDL ECF (2215) - Defs' Reply in Support of Mot to Exclude Daniel Elliott, #7 Exhibit MDL ECF (2815) - Defs' Mem in Support of Mot to Exclude Daniel Elliott, #8 Exhibit MDL ECF (2952) - Pls' Resp to Defs' Mot to Exclude Daniel Elliott, #9 Exhibit MDL ECF (8080) Part 1 - Defs' Mot to Exclude Daniel Elliott, #10 Exhibit MDL ECF (8080) Part 2 - Defs' Mot to Exclude Daniel Elliott, #11 Exhibit MDL ECF (8080) Part 3 - Defs' Mot to Exclude Daniel Elliott, #12 Exhibit MDL ECF (8080) Part 4 - Defs' Mot to Exclude Daniel Elliott, #13 Exhibit MDL ECF (8081) - Defs' Mem in Support of Mot to Exclude Daniel Elliott, #14 Exhibit MDL ECF (8247) - Pls' Resp to Defs' Mot to Exclude Daniel Elliott, #15 Exhibit MDL ECF (8311) - Defs' Reply in Support of Mot to Exclude Daniel Elliott, #16 Exhibit MDL ECF (8312) - Defs' Reply in Support of Mot to Exclude Daniel Elliott, #17 Exhibit MDL ECF (8540) - Notice of Adoption of Defs' Mot to Exclude Daniel Elliott, #18 Exhibit MDL ECF (8582) - Notice of Adoption of Pls' Resp to Mot to Exclude Daniel Elliott)(Gage, William) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 86 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 6/4/2020.] |
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Filing 85
ORDER AND SUGGESTION OF REMAND Pursuant to 28 U.S.C. 1407 and the Rules for Multidistrict Litigation, the court suggests that the cases on Exhibit A be remanded to the courts from which they came, as identified on the attached Exhibit A; on or before 5/21/2020 the parties are directed to confer and to file in this case, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the court directs that upon receipt and filing of an order to remand from the Clerk of the JPMDL, the Clerk shall remand the case to the United States District Courts identified on Exhibit A; on the Transfer Date, the Clerk is directed to use the appropriate function in CM/ECF to extract the cases on Exhibit A and remand them to the United States District Courts identified on Exhibit A; after remand of the cases, the Clerk is directed to formally close the cases and strike them from the docket. Signed by Judge Joseph R. Goodwin on 5/14/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; cases on Exhibit A) (st) [Transferred from West Virginia Southern on 6/4/2020.]
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Filing 84
ORDER denying #73 MOTION by Allen Orr, Cindy Orr to Strike 64 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment and 66 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Certain Opinions of Daniel Elliiott, M.D. Signed by Judge Joseph R. Goodwin on 5/12/2020. (cc: attys; any unrepresented party) (maw) [Transferred from West Virginia Southern on 6/4/2020.]
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Filing 83
ORDER Pending in the cases on Exhibit A is Plaintiffs' Motion to Strike Defendant's Non-Retained Experts; the motions are GRANTED to the extent plaintiffs seek an order excluding expert witnesses designated by the Ethicon defendants in excess of five; Plaintiffs' Motions are otherwise DENIED. Signed by Judge Joseph R. Goodwin on 5/11/2020. (cc: counsel of record; any unrepresented party) (MDL 2327; cases on Exhibit A) (st) [Transferred from West Virginia Southern on 6/4/2020.]
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| Filing 82 REPLY by Allen Orr, Cindy Orr to #81 Response In Opposition. (Cantrell, Christopher) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 81 RESPONSE by Ethicon, Inc., Johnson & Johnson in opposition to #75 Memorandum and #76 Memorandum. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gage, William) (Modified on 9/6/2019 to remove links to #64 and #73 motions) (mkw). [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 80 REPLY by Ethicon, Inc., Johnson & Johnson to #75 Memorandum In Opposition. (Gage, William) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 79 REPLY by Ethicon, Inc., Johnson & Johnson to #76 Memorandum In Opposition. (Gage, William) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 78 REPLY by Cindy Orr to #68 MOTION by Allen Orr, Cindy Orr to Strike Defendant's Designation of Retained and Non-Retained Experts for Violation of Pretrial Order No. 328, re: #61 Certificate of Service. (Attachments: #1 Exhibit Expert Report, #2 Exhibit Amended Disclosure)(Hail, James) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 77 MEMORANDUM by Cindy Orr in opposition to #69 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Case Specific Expert Opinions of D. Wes Cox. (Stranch, J.) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 76 MEMORANDUM by Cindy Orr in opposition to #66 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case Specific Testimony of Daniel Elliiott, M.D. (Stranch, J.) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 75 MEMORANDUM by Allen Orr, Cindy Orr in opposition to #64 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment. (Attachments: #1 Exhibit Specific Causation Report of Daniel Elliott MD, #2 Exhibit Medical Records Excerpt, #3 Exhibit Deposition of Lionel McCollum, MD, #4 Exhibit Deposition of Jeffrey Dell, MD, #5 Exhibit Deposition of Cindy Orr, #6 Exhibit Declaration of Cindy Orr, #7 Exhibit Medical Records Excerpt)(Stranch, J.) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 74 OPPOSITION by Ethicon, Inc., Johnson & Johnson to #68 MOTION by Allen Orr, Cindy Orr to Strike Defendant's Designation of Retained and Non-Retained Experts for Violation of Pretrial Order No. 328, re: #61 Certificate of Service. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Gage, William) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 73 MOTION by Allen Orr, Cindy Orr to Strike #64 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment and #66 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Certain Opinions of Daniel Elliiott, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Lowther, John) (Modified on 8/27/2019 to remove links to #65 and #67 memorandums) (mkw). [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 72 NOTICE OF ATTORNEY APPEARANCE by John Lowther on behalf of Allen Orr, Cindy Orr. (Lowther, John) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 71 AMENDED NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Daniel Elliott, M.D. on 8/24/2019 at 1:00 p.m. (Gage, William) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 70 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #69 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Case Specific Expert Opinions of D. Wes Cox. (Gage, William) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 69 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Case Specific Expert Opinions of D. Wes Cox. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Gage, William) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 68 MOTION by Allen Orr, Cindy Orr to Strike Defendant's Designation of Retained and Non-Retained Experts for Violation of Pretrial Order No. 328, re: #61 Certificate of Service. (Attachments: #1 Exhibit A - Retained Experts, #2 Exhibit B - Non-retained Experts, #3 Exhibit C - Disclosure of Treating Physicians)(Cantrell, Christopher) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 67 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #66 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case Specific Testimony of Daniel Elliiott, M.D. (Gage, William) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 66 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case Specific Testimony of Daniel Elliiott, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Gage, William) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 65 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #64 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment. (Gage, William) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 64 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Gage, William) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 63 NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Daniel Elliott, M.D. on to be determined at to be determined (Gage, William) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 62 NOTICE OF VIDEOTAPED DEPOSITION by Ethicon, Inc., Johnson & Johnson of Friends and Family on TBD at TBD (Edney, A.) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 61 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Amended Designation and Disclosure of General and Case Specific Expert Witnesses and Defendants Non-Retained Expert Disclosures. (Gage, William) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 60 CERTIFICATE OF SERVICE by Allen Orr, Cindy Orr for Supplemental Designation and Disclosure of General and Case-Specific Expert Witnesses. (Cantrell, Christopher) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 59 CERTIFICATE OF SERVICE by Cindy Orr for Plaintiff's Responses to Defendants' First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (Stranch, J.) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 58 CERTIFICATE OF SERVICE by Ethicon, Inc. and Johnson & Johnson for Defendants' First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (Edney, A.) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 57 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by A. La'Verne Edney on behalf of Ethicon, Inc., Johnson & Johnson. (Edney, A.) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 56 NOTICE OF ATTORNEY APPEARANCE by Margaret H. Loveman on behalf of Ethicon, Inc., Johnson & Johnson. (Loveman, Margaret) [Transferred from West Virginia Southern on 6/4/2020.] |
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Filing 55
PRETRIAL ORDER # 328 (Docket Control Order - Ethicon, Inc. Wave 11 Cases) The cases on Exhibit A are: 1. removed from the pending inactive docket; and 2. placed on the active docket. As to the cases on Exhibits A and B: 1. The cases are no longer eligible for return to the inactive docket nor may notices of settlement be filed to relieve the parties from scheduling deadlines; 2. To the extent other defendants, in addition to Ethicon, Inc. and Johnson & Johnson, are named in the cases on Exhibits A and B, the deadlines below also apply to them; 3. The Clerk will file this Docket Control Order in the main MDL and, as of the time of that filing in the main MDL, every case listed on Exhibits A and B (hereinafter referred to as "Wave 11 cases") becomes subject to the deadlines in this Docket Control Order.; and 4. The following deadlines immediately apply in all Ethicon Wave 11 cases with one important exception. If any of the cases on any exhibit were previously on a docket control order and dispositive and Daubert deadlines had passed before such cases became inactive, the parties may not file or refile dispositive or Daubert motions without first seeking leave of court for good cause shown. A. SCHEDULING DEADLINES.. The following deadlines shall apply in all Ethicon Wave 11 cases: Plaintiff Fact Sheets due 02/15/2019; Defendant Fact Sheets due 02/22/2019; Deadline for written discovery requests due 03/25/2019; Expert disclosures served by plaintiffs due 05/24/2019; Expert disclosure served by defendants due 06/24/2019; Expert disclosure served for rebuttal due 07/01/2019; Deposition deadline and close of discovery due 08/01/2019; Filing of dispositive motions due 08/14/2019; Response to dispositive motions due 08/28/2019; Reply to response to dispositive motions due 09/04/2019; Filing of Daubert motions due 08/14/2019; Responses to Daubert motions due 08/29/2019; Reply to response to Daubert motions due 09/05/2019. B. MOTION PRACTICE. 3. Confidential Documents. Any consolidated motion to seal is due on or before 6/27/2019, and any response is due by 7/11/2019. Any reply is due by 7/18/2019. The court expects full compliance with Local Rule of Civil Procedure 26.4(c). C. CASES READY FOR TRANSFER, REMAND OR TRIAL 1. Venue Recommendations. By no later than 7/8/2019, 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 7/15/2019. Signed by Judge Joseph R. Goodwin on 2/4/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 11 cases identified on Exhibits A and B) (st) (ADI) [Transferred from West Virginia Southern on 6/4/2020.]
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Filing 54
ORDER granting #52 Motion to Reinstate; the Clerk is DIRECTED to remove the inactive docket flag and reinstate this case to the active docket. Signed by Judge Joseph R. Goodwin on 7/25/2018. (cc: counsel of record; any unrepresented party) (st) [Transferred from West Virginia Southern on 6/4/2020.]
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Filing 53
ORDER (CHANGE TO CHARACTERIZATION BY CLERK'S OFFICE OF CASES ON INACTIVE DOCKET) It is directed that in all cases with an inactive docket order which resulted in "Closed" and "MDL Ethicon Inactive" flags on the docket sheet, the Clerk is directed to update the docket by removing the "Closed" flag from the docket sheet and leaving the "MDL Ethicon Inactive" flag, for reasons set forth herein. Signed by Judge Joseph R. Goodwin on 4/26/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Member Cases Flagged "Closed" and "MDL Ethicon Inactive") (brn) (ADI) [Transferred from West Virginia Southern on 6/4/2020.]
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| Filing 52 MOTION by Allen Orr, Cindy Orr to Move Case to Active Docket (Attachment: #1 Affidavit Declaration of Cindy Orr)(Cantrell, Christopher) [Transferred from West Virginia Southern on 6/4/2020.] |
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Filing 51
ORDER The deadline to submit joint motions of dismissal is extended to 8/31/2018 for all cases in MDL 2327 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2327 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 3/16/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on inactive docket) (mek) (ADI) [Transferred from West Virginia Southern on 6/4/2020.]
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Filing 50
ORDER The deadline to submit joint motions of dismissal is extended to 3/31/2018 for all cases in MDL 2327 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2327 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 10/19/2017. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on inactive docket) (crg) [Transferred from West Virginia Southern on 6/4/2020.]
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Filing 49
INACTIVE DOCKET ORDER: The court has been advised that the plaintiff(s) and Ethicon, Inc. have reached a settlement with regard to Ethicon. All discovery deadlines are continued until further order of the court. The Clerk is directed to retire this case from the active docket. Plaintiff(s) and Ethicon may submit an agreed order of dismissal with prejudice on or before 10/31/2017; if settlements are not finalized and dismissal orders are not submitted by then the Court will have a hearing to determine the appropriate action pertaining to any remaining cases on the inactive docket. Counsel for plaintiffs and defendant(s) are directed to provide quarterly reports as to their progress in dismissing cases on the inactive docket. The court will reinstate the case to the active docket if one of the parties shows good cause for such reinstatement. This Order is related to the Proposed Inactive Docket Order filed at ECF No. 4422 in MDL Case No. 2327 Ethicon. Signed by Judge Joseph R. Goodwin on 9/27/2017. (cc: attys; any unrepresented party) (mek) (ADI) [Transferred from West Virginia Southern on 6/4/2020.]
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Filing 48
PRETRIAL ORDER #270 (ORDER RE: STIPULATIONS EXTENDING DISCOVERY) After a cursory review of many individual cases in the Ethicon MDL, the court notes that the parties have attempted to stipulate a change in the court's Docket Control Orders setting deadlines for discovery. The parties cannot extend court ordered discovery deadlines past the date set for completion of discovery without approval from the court. Fed. R. Civ. P. Rule 29(b); see Fed. R. Civ. P. Rule 16(b)(4). Here, the parties are repeatedly attempting to stipulate to delay the completion of discovery, which affects other deadlines in the Docket Control Orders, such as the deadline for filing dispositive motions and the deadline for filing Daubert motions. Under Local Rule 16.1(f)(3), the court is not required to, nor does it, recognize stipulations purporting to extend the discovery deadlines past the close of discovery. See LR Civ. P. 16.1(f)(3). Therefore, all such stipulations filed in the Ethicon MDL which are inconsistent with Local Rule 16.1(f)(3) are INEFFECTUAL and VOID. Such stipulations undermine the policy goals of the MDL, including convenience of the parties, efficiency of the pretrial proceedings, and consistency on related issues. The parties are DIRECTED to cease filing such stipulations purporting to extend the discovery deadlines contrary to Local Rule 16.1(f)(3). When the parties seek an extension of discovery deadlines past the date set for the completion of discovery in the Docket Control Order, they must do so by motion in the individual case. The Docket Control Orders are plain that the only discovery permitted after the close of discovery are depositions of the plaintiff's friends and family members, and only if such depositions are requested before the discovery deadline. Those orders remain unaffected. Modifications of the discovery schedule may be considered, for good cause shown. Fed. R. Civ. P. 16(b)(4); see, e.g., PTO #251 at A.2.f. Good cause does not include mere agreement of the parties. Signed by Judge Joseph R. Goodwin on 9/13/2017. (cc: Clerk of the JPMDL Panel; attys) (REF: MDL 2327; Ethicon Wave 1, 2, 3, 4, 5, 6, and 7 Cases) (rec) [Transferred from West Virginia Southern on 6/4/2020.]
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Filing 47
ORDER The #44 Order entered 3/7/2017 is VACATED; the #45 Motion of Defendants for Summary Judgment Based upon Bankruptcy Judicial Estoppel and the #46 Memorandum of Law in Support of Defendants' Motion for Summary Judgment Based on Bankruptcy Judicial Estoppel are STRICKEN from the docket. Signed by Judge Joseph R. Goodwin on 3/7/2017. (cc: counsel of record; any unrepresented party) (kp) [Transferred from West Virginia Southern on 6/4/2020.]
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| Filing 46 STRICKEN PURSUANT TO THE #47 ORDER ENTERED 3/7/2017: MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #45 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (kp) (Modified on 3/7/2017 to note the memorandum has been stricken) (kp). [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 45 STRICKEN PURSUANT TO THE #47 ORDER ENTERED 3/7/2017: MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Attachments: #1 E-Ex. 1, #2 E-Ex. 2, #3 E-Ex. 3, #4 E-Ex. 4, #5 E-Ex. 5, #6 E-Ex. 6, #7 E-Ex. 7) (kp) (Modified on 3/7/2017 to motion has been stricken) (kp). [Transferred from West Virginia Southern on 6/4/2020.] |
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Filing 44
VACATED PURSUANT TO THE #47 ORDER ENTERED 3/7/2017: ORDER granting #41 MOTION by Ethicon, Inc., Johnson & Johnson for Leave to File an Early Dispositive Motion; Plaintiff's Response due by 3/21/2017 and Defendant's Reply due by 3/28/2017; the Clerk is directed to file the summary judgment motion and accompanying exhibits at ECF No. 41-1, 41-2, 41-3, 41-4, 41-5,-41-6, 41-7, 41-8 and 41-9. Signed by Judge Joseph R. Goodwin on 3/7/2017. (cc: counsel of record; any unrepresented party) (kp) (Modified on 3/7/2017 to note order has been vacated) (kp). [Transferred from West Virginia Southern on 6/4/2020.]
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Filing 43
ORDER denying as moot 40 MOTION by Ethicon, Inc., Johnson & Johnson for Leave to File an Early Dispositive Motion; it is directed that the motion at ECF No. 40 and the exhibits attached [ECF Nos. 40-1 through 40-9] be stricken and removed from the docket. Signed by Judge Joseph R. Goodwin on 2/27/2017. (cc: counsel of record; any unrepresented party) (ts) [Transferred from West Virginia Southern on 6/4/2020.]
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| Filing 42 NOTICE of Striking Docket Entry by Ethicon, Inc., Johnson & Johnson re: 40 MOTION by Ethicon, Inc., Johnson & Johnson for Leave to File an Early Dispositive Motion (Lowry, Patricia) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 41 MOTION by Ethicon, Inc., Johnson & Johnson for Leave to File an Early Dispositive Motion (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7)(Lowry, Patricia) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 40 STRICKEN PURSUANT TO THE #43 ORDER ENTERED 2/27/2017: MOTION by Ethicon, Inc., Johnson & Johnson for Leave to File an Early Dispositive Motion (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7)(Lowry, Patricia) (Modified on 2/27/2017 to note motion has been stricken per Order) (ts) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 39 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Non-Retained Expert Disclosures (Moldoveanu, Susanna) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 38 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Defendants' First Requests for Admissions to Plaintiff Cindy Orr, First Set of Interrogatories to Plaintiff Cindy Orr, Second Set of Requests for Production of Documents and Things to Plaintiffs, and First Set of Interrogatories to Plaintiff Allen Orr. (Lowry, Patricia) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 37 CERTIFICATE OF SERVICE by Allen Orr, Cindy Orr for Plaintiffs' First Set of Interrogatories to Defendants. (Stranch, J.) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 36 CERTIFICATE OF SERVICE by Allen Orr, Cindy Orr for Plaintiffs' Request for Production of Documents to Defendants. (Stranch, J.) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 35 CERTIFICATE OF SERVICE by Allen Orr, Cindy Orr for Plaintiffs' Request for Admissions to Defendants. (Stranch, J.) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 34 SECOND AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Jeffrey Dell, M.D. on January 18, 2017 at 1:30 p.m. (EST) (Lowry, Patricia) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 33 SECOND AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Lionel McCollum, M.D. on January 18, 2017 at 9:00 a.m. (EST) (Lowry, Patricia) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 32 CERTIFICATE OF SERVICE by Allen Orr, Cindy Orr for Plaintiffs' Designation and Disclosure of General and Case-Specific Expert Witnesses. (Cantrell, Christopher) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 31 CERTIFICATE OF SERVICE filed by Allen Orr, Cindy Orr for Plaintiffs' Response to Defendants' First Request for Production of Documents to Plaintiff Cindy Orr. (Stranch, J.) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 30 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Jeffrey Dell, M.D. on January 18, 2017 at 1:30 p.m. (CST) (Lowry, Patricia) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 29 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Lionel McCollum, M.D. on January 18, 2017 at 9:00 a.m.(CST) (Lowry, Patricia) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 28 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING DEPOSITION OF CONSORTIUM PLAINTIFF ALLEN ORR by Ethicon, Inc., Johnson & Johnson, Allen Orr, Cindy Orr (Lowry, Patricia) (Modified on 11/26/2016 to add party filers)(skh). [Transferred from West Virginia Southern on 6/4/2020.] |
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Filing 27
ORDER granting Motions filed in MDL 2327: MOTION by J. Gerard Stranch IV, Benjamin A. Gastel and Branstetter, Stranch & Jennings, PLLC For Change of Address and MOTION by J. Gerard Stranch, IV to have Stacey K. Skillman Withdrawn as Counsel of Record. The Clerk is directed to terminate Stacey K. Skillman as counsel for plaintiffs both on the main master docket and for each individual member case in MDL 2327 with which Stacey K. Skillman is associated; and, update the firm address and telephone numbers, as set forth in the Motion, both on the main master docket and for each individual member case in MDL 2327 with which J. Gerard Stranch, IV and Benjamin A. Gastel are associated. Signed by Judge Joseph R. Goodwin on 11/18/2016. (cc: attys; any unrepresented party) (kp) [Transferred from West Virginia Southern on 6/4/2020.]
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| Filing 26 NOTICE OF VIDEO DEPOSITION DUCES TECUM by Ethicon, Inc., Johnson & Johnson of Cindy Orr on December 16, 2016 at 1:30 p.m. (EST) (Lowry, Patricia) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 25 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Joshua C. Carpenter on behalf of Ethicon, Inc., Johnson & Johnson. (Carpenter, Joshua) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 24 CERTIFICATE OF SERVICE filed by Ethicon, Inc., Johnson & Johnson for First Request for Production of Documents to Plaintiff Cindy Orr (Lowry, Patricia) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 23 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Andrew R. Kruppa on behalf of Ethicon, Inc., Johnson & Johnson. (Kruppa, Andrew) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 22 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Patricia Elaine Lowry on behalf of Ethicon, Inc., Johnson & Johnson. (Lowry, Patricia) [Transferred from West Virginia Southern on 6/4/2020.] |
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Filing 21
PRETRIAL ORDER # 243 (Docket Control Order - Wave 4 Cases) The cases identified on Exhibit A will be known as the Ethicon Wave 4 cases and the following deadlines apply: Plaintiff Fact Sheets due by 11/28/2016; Defendant Fact Sheets due by 12/28/2016; Deadline for written discovery requests due by 01/31/2017; Expert disclosure by plaintiffs due by 01/17/2017; Expert disclosure by defendants due by 02/15/2017; Expert disclosure for rebuttal purposes due by 03/03/2017; Deposition deadline and close of discovery due by 03/17/2017; Filing of Dispositive Motions due by 04/06/2017; Response to Dispositive Motions due by 04/20/2017; Reply to response to dispositive motions due by 04/27/2017; Filing of Daubert motions due by 04/13/2017; Responses to Daubert motions due by 04/27/2017; Reply to response to Daubert motions due by 05/04/2017, as more fully set forth herein; 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 courts attention in a consolidated manner as follows: A consolidated motion to seal is due on or before 02/09/2017, any response is due 02/23/2017 and any reply is due 03/02/2017. Venue Recommendations. The parties shall meet and confer concerning the appropriate venue for each of the cases no later than 01/30/2017, and the parties shall submit joint venue recommendations to the court by 02/09/2017. Transfer and Remand. At the conclusion of pre-trial proceedings, the court, pursuant to PTO # 15 and 28 U.S.C. 1404(a), will transfer each directly-filed case to a federal district court of proper venue as defined in 28 U.S.C. 1391. In the alternative, pursuant to PTO # 15 and 28 U.S.C. 1407, cases that were transferred to this court by the MDL panel shall be remanded for further proceedings to the federal district court from which each such case was initially transferred. Trial Settings. If a case is to be tried in the United States District Court for the Southern District of West Virginia, the case shall be deemed trial-ready when discovery is completed and the court rules on the parties pretrial motions. Signed by Judge Joseph R. Goodwin on 10/25/2016. (cc: Clerk of the JPMDL; attys) (REF: MDL 2327; Wave 4 Cases Listed on Exhibit A) (mek) [Transferred from West Virginia Southern on 6/4/2020.]
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| Filing 20 NOTICE OF VIDEO DEPOSITION by Allen Orr, Cindy Orr of Lionel McCollum on January 27, 2017 at 9:00 a.m. (Attachment: #1 PTO 38 Depo Protocol)(Cantrell, Christopher) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 19 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Jeffrey R. Dell on 01/19/2017 at 9:00am (Attachment: #1 PTO 38)(Sutherland, Kari) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 18 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Lionel McCollum on 1/27/17 at 9:00 a.m. (Thomas, David) [Transferred from West Virginia Southern on 6/4/2020.] |
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Filing 17
ORDER on Motions filed in MDL 2327: denying, as moot, MOTION by Doyle Lowther LLP for Change of Address in MDL No. 2327 and each individual member case in which Doyle Lowther LLP is associated; granting AMENDED MOTION by William J. Doyle II, John Lowther, Christopher W. Cantrell of Doyle Lowther LLP for Change of Address. The Clerk is DIRECTED to update William J. Doyle II, John Lowther, and Chris Cantrell's information, as set forth in the Motion, both on the main master docket and for each individual member case in MDL 2327 with which said attorneys are associated. Signed by Judge Joseph R. Goodwin on 1/29/2016. (cc: attys; any unrepresented party) (kp) [Transferred from West Virginia Southern on 6/4/2020.]
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Filing 16
ORDER: Based on representation of counsel that Laura H. Dixon no longer represents any party in this MDL or any party in any member case, the above named counsel is terminated where she appears as counsel for any party in this MDL and in any member case. Signed by Judge Joseph R. Goodwin on 5/5/2014. (cc: attys; any unrepresented party) (all) [Transferred from West Virginia Southern on 6/4/2020.]
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| Filing 15 AMENDED SHORT FORM COMPLAINT filed by Allen Orr, Cindy Orr against Ethicon, Inc., Johnson & Johnson. (Doyle, William) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 14 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Susan M. Robinson on behalf of Ethicon, Inc., Johnson & Johnson. (Robinson, Susan) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 13 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Philip J. Combs on behalf of Ethicon, Inc., Johnson & Johnson. (Combs, Philip) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 12 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 6/4/2020.] |
| Filing 11 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 6/4/2020.] |
| Filing 10 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 6/4/2020.] |
| Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Laura H. Dixon on behalf of Ethicon, Inc., Johnson & Johnson. (Dixon, Laura) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 8 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 6/4/2020.] |
| Filing 7 TRANSMITTED PRETRIAL ORDER 10 (Lifting Stay on Discovery) entered on 06/14/2012 in MDL 2327 to attorneys in member case. (klc) [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 6 CASE TRANSFERRED IN from the Tennessee Eastern; Case Number 2:12-cv-00270. Original file certified copy of transfer order and docket sheet received. [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 5 CONDITIONAL TRANSFER ORDER (CTO-42) MDL No. 2327 (FMM, ) [Transferred from Tennessee Eastern on 7/26/2012.] [Transferred from West Virginia Southern on 6/4/2020.] |
| Case transferred to District of West Virginia Southern. Original file, certified copy of transfer order, and docket sheet sent. (FMM, ) [Transferred from Tennessee Eastern on 7/26/2012.] [Transferred from West Virginia Southern on 6/4/2020.] |
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Filing 4
ORDER REASSIGNING CASE. District Judge R Leon Jordan no longer assigned to case Case reassigned to District Judge Thomas A Varlan for all further proceedings. Signed by District Judge Curtis L Collier on 7/24/2012. (KMK, ) [Transferred from Tennessee Eastern on 7/26/2012.] [Transferred from West Virginia Southern on 6/4/2020.]
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Filing 3
ORDER OF RECUSAL.Signed by District Judge R Leon Jordan on 7/17/12. (ABF) [Transferred from Tennessee Eastern on 7/26/2012.] [Transferred from West Virginia Southern on 6/4/2020.]
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| Filing 2 Summons Issued as to Ethicon Women's Health and Urology, Ethicon, Inc., Gynecare, and Johnson & Johnson. (Attachments: #1 Summons Gynecare, #2 Summons Ethicon, Inc, #3 Summons Johnson & Johnson)(FMM, ) [Transferred from Tennessee Eastern on 7/26/2012.] [Transferred from West Virginia Southern on 6/4/2020.] |
| District Judge R Leon Jordan added. (FMM, ) [Transferred from Tennessee Eastern on 7/26/2012.] [Transferred from West Virginia Southern on 6/4/2020.] |
| Filing 1 COMPLAINT against Ethicon Women's Health and Urology, Ethicon, Inc., Gynecare, Johnson & Johnson ( Filing fee $ 350 receipt number 0649-2020995.), filed by Cindy Orr, Allen Orr. (Attachments: #1 Civil Cover Sheet, #2 Summons : Ethicon, #3 Summons : Ethicon Women's Health & Urology, #4 Summons : Johnson & Johnson, #5 Summons : Gynecare)(Stranch, J.) [Transferred from Tennessee Eastern on 7/26/2012.] [Transferred from West Virginia Southern on 6/4/2020.] |
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