Clabo v. Johnson & Johnson Health Care Systems, Inc. et al
| Leslie Clabo |
| Johnson & Johnson Health Care Systems, Inc. and Ethicon Endo-Surgery, Inc |
| 3:2019cv00154 |
| May 1, 2019 |
| US District Court for the Eastern District of Tennessee |
| Curtis L Collier |
| Debra C Poplin |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Filing 63 Notice of Attorney Withdrawal Attorney William M Gage terminated. (Modak-Truran, Anita) |
| Filing 62 Notice of Attorney Withdrawal Attorney Benjamin M. Watson terminated. (Modak-Truran, Anita) |
| Filing 61 Notice of Attorney Withdrawal Attorney T Harold Pinkley, Jr terminated. (Modak-Truran, Anita) |
| Filing 60 Notice of Attorney Withdrawal Attorney A. La'Verne Edney terminated. (Modak-Truran, Anita) |
| Filing 59 NOTICE by Ethicon Endo-Surgery, Inc, Johnson & Johnson Health Care Systems, Inc. of Withdrawal of Benjamin M. Watson (Modak-Truran, Anita) |
| Filing 58 AMENDED COMPLAINT by Leslie Clabo. (Attachments: #1 Final Master Complaint Johnson & Johnson and Ethicon, INc.)(Baker, W.) Modified text on 8/27/2019 (JBR). |
| Filing 57 MEMORANDUM in Support of Motion re #56 OBJECTION to #55 Magistrate Judge Order, filed by Ethicon Endo-Surgery, Inc, Johnson & Johnson Health Care Systems, Inc.. (Attachments: #1 Exhibit Pretrial Order No. 15, #2 Exhibit Excerpts from Plaintiff Fact Sheet, #3 Exhibit Excerpts from the Deposition of Leslie Clabo, #4 Exhibit First Amended Master Long Form Complaint)(Sutherland, Kari) |
| Filing 56 OBJECTION to #55 Magistrate Judge Order, filed by Ethicon Endo-Surgery, Inc, Johnson & Johnson Health Care Systems, Inc.. (Sutherland, Kari) |
Filing 55
ORDER granting #33 Motion to Amend/Correct. Plaintiff SHALL file the complete operating amended Complaint, without incorporating prior Complaints, in CM/ECF on or before August 26, 2019. Signed by Magistrate Judge Debra C Poplin on 8/13/19. (JBR)
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| Filing 54 Minute Entry for proceedings held before Magistrate Judge Debra C Poplin: Telephonic Motion Hearing held on 7/29/2019 re #33 MOTION by Leslie Clabo to Amend Complaint filed by Leslie Clabo. (MDG) |
| Filing 53 NOTICE by Ethicon Endo-Surgery, Inc, Johnson & Johnson Health Care Systems, Inc. Notice of Supplemental Authority (Attachments: #1 Exhibit 1)(Sutherland, Kari) |
| NOTICE of Hearing: Telephone Conference reset from 7/25/2019 to 7/29/2019 at 10:30 AM in Judge's Chambers (Telephonic Hearing) before Magistrate Judge Debra C Poplin. (RLK) |
| NOTICE of Hearing: Telephone Conference reset for 7/25/2019 at 10:00 AM in Judge's Chambers (Telephonic Hearing) before Magistrate Judge Debra C Poplin. The parties will need to initiate the call and call into chambers at 865-545-4260. (RLK) |
| NOTICE of Hearing:Telephone Conference set for 7/23/2019 at 1:30 PM in Judge's Chambers (Telephonic Hearing) before Magistrate Judge Debra C Poplin. The parties will need to initiate the call and call into chambers at 865-545-4260. (RLK) |
| Filing 52 MEMORANDUM in Support of Motion re #51 MOTION to Strike (Corrected) Motion to Strike Plaintiff's Response to Second Reply in Support of Motion for Summary Judgment (Doc. 49) filed by Ethicon Endo-Surgery, Inc, Johnson & Johnson Health Care Systems, Inc.. (Attachments: #1 Exhibit 1_Deposition Transcript of L. Clabo (excerpts))(Modak-Truran, Anita) |
| Filing 51 MOTION to Strike (Corrected) Motion to Strike Plaintiff's Response to Second Reply in Support of Motion for Summary Judgment (Doc. 49) by Ethicon Endo-Surgery, Inc, Johnson & Johnson Health Care Systems, Inc.. (Modak-Truran, Anita) |
| Filing 50 [Wrong Document attached; refiled as #51 ] MOTION to Strike Plaintiff's Reponse to Second Reply in Support of Motion for Summary Judgment by Ethicon Endo-Surgery, Inc, Johnson & Johnson Health Care Systems, Inc.. (Modak-Truran, Anita) Modified on 6/24/2019 (ABF). |
| Filing 49 RESPONSE to Motion re #31 MOTION by Ethicon Endo-Surgery, Inc., Johnson & Johnson Health Care Systems, Inc. for Summary Judgment filed by Leslie Clabo. (Attachments: #1 Affidavit Declaration of Leslie Clabo)(Baker, W.) |
| Filing 48 STATUS REPORT JOINT STATUS REPORT by Leslie Clabo. (Baker, W.) |
| Filing 47 STATUS REPORT of Defendants by Ethicon Endo-Surgery, Inc, Johnson & Johnson Health Care Systems, Inc.. (Modak-Truran, Anita) |
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Filing 46
ORDER re #33 MOTION by Leslie Clabo to Amend Complaint filed by Leslie Clabo: In accord with these developments, the parties are ORDERED to FILE a joint status report on this matter within twenty-one (21) days from the entry of this Order. In the status report, the parties SHALL indicate whether they have reached a settlement in this matter. If no settlement has been reached, the parties SHALL otherwise indicate (1) how they would characterize the possibility of settlement at this time; (2) whether Defendants wish to continue to move the Court for summary judgment on the grounds stated in their currently pending motion (Doc. 31); and (3) whether Plaintiff wishes to continue to move the Court to amend her complaint on the grounds stated in her currently pending motion (Doc. 33). Signed by District Judge Curtis L Collier on 5/8/2019. (DJH)
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| Filing 45 NOTICE of Appearance by Anita Modak-Truran on behalf of Ethicon Endo-Surgery, Inc, Johnson & Johnson Health Care Systems, Inc. (Modak-Truran, Anita) |
| Filing 44 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-16273. |
| Filing 43 CONDITIONAL REMAND ORDER, JUDICIAL PANEL ON MDL: certified copy transferring the actions on this conditional remand order for remand to its/their respective transferor court; the transferee court in this litigation has advised the Panel that coordinated or consolidated pretrial proceedings in the actions on this conditional remand order have been completed and that remand to the transferor court(s), as provided in 28 U.S.C. 1407(a). Signed by John W. Nichols, Clerk of the Panel on 4/26/2019. (cc: attys) (ts) [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing 42 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon Endo-Surgery, Inc. (Attachments: #1 Exhibit 1 - List of Cases, #2 Exhibit 2 - Letter)(Gage, William) (Modified on 4/26/2019 to removed incorrect party filer) (mk). [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing 41 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 238 - Complaint, #2 Exhibit ECF 239 - MASTER ANSWER AND JURY DEMAND, #3 Exhibit ECF 240 - MASTER ANSWER AND JURY DEMAND, #4 Exhibit ECF 241 - FIRST AMENDED MASTER COMPLAINT, #5 Exhibit ECF 1986 - AMENDED MOTION by All Plaintiffs to Exclude Opinions and Testimony of Thomas C. Wright, Jr.,, #6 Exhibit ECF 1988 - MEMORANDUM by All Plaintiffs in support of 1986 , #7 Exhibit ECF 2014 - MOTION by All Plaintiffs to Exclude the Opinions and Testimony of Jaime L. Sepulveda-Toro, #8 Exhibit ECF 2018 - MEMORANDUM by All Plaintiffs in support of [2014, #9 Exhibit ECF 2039 - MOTION by All Plaintiffs to Exclude Dr. Shelby Thames, #10 Exhibit ECF 2042 - MEMORANDUM by All Plaintiffs in support of 2039 , #11 Exhibit ECF 2060 - MOTION by All Plaintiffs to Exclude the Opinions of FDA Expert Timothy Ulatowski, #12 Exhibit ECF 2065 - MEMORANDUM by All Plaintiffs in support of 2060 , #13 Exhibit ECF 2134 - RESPONSE by Ethicon Women_s Health & Urology, #14 Exhibit ECF 2143 - RESPONSE by Ethicon Women_s Health and Urology, #15 Exhibit ECF 2187 - RESPONSE by Ethicon Women_s Health and Urology, #16 Exhibit ECF 2225 - REPLY by All Plaintiffs of their Motion to Limit, #17 Exhibit ECF 2232 - Plaintiffs_ Reply Brief in Support of Their, #18 Exhibit ECF 2247 - REPLY in Support of Plaintiffs_ Motion to Exclude, #19 Exhibit ECF 2458 - MEMORANDUM by All Plaintiffs in support of 2455 , #20 Exhibit ECF 2621 - Reply in support of Motion to Exclude the Opinions of Dr. Shelby, #21 Exhibit ECF 2820 - Motion to Exclude or Limit General Causation Testimony of Dionysios K. Veronikis, #22 Exhibit ECF 2821 - Memorandum in Support of Motion to Exclude, #23 Exhibit ECF 2841 - Memorandum in support of MOTION by All Plaintiffs, #24 Exhibit ECF 2890 - Plaintiffs_ Resp. in Opp. to Defs._ Mot. to Exclude Veronikis, #25 Exhibit ECF 2910 - NOTICE OF SUPPLEMENTAL RESPONSE AND NOTICE, #26 Exhibit ECF 2957 - RESPONSE by Ethicon and Women_s Health and Urology, #27 Exhibit ECF 3033 - Reply by Ethicon in Support of Motion to Exclude or Limit, #28 Exhibit ECF 3037 - REPLY by ALL Plaintiffs in Support of Motion to Exclude the Opinions of Dr. Shelby Thames, #29 Exhibit ECF 3844 - REPLY TO NOTICE of Adoption of Prior Daubert, #30 Exhibit ECF 4495 - OPPOSITION to 4376 NOTICE, #31 Exhibit ECF 6849 - NOTICE of Adoption of Prior Daubert Motion of Jaime L. Sepuleveda, #32 Exhibit ECF 6854 - NOTICE of Adoption of Prior Daubert Motion Challenging, #33 Exhibit ECF 6857 - NOTICE of Adoption of Prior Daubert Motion of Shelby Thames, #34 Exhibit ECF 6860 - NOTICE of Adoption of Prior Daubert Motion of Timothy Ulatowsk, #35 Exhibit ECF 6864 - NOTICE of Adoption of Prior Daubert Motion of Thomas C. Wright, #36 Exhibit ECF 6887 - DAUBERT MOTION to Preclude or, in the Alternative, #37 Exhibit ECF 6964 - NOTICE of Adoption of Prior Daubert Response of Dionysios K. Veronikis, #38 Exhibit ECF 6965 - Notice of Adoption of Prior Daubert Response Regarding Timothy Ulatowski, #39 Exhibit ECF 6972 - NOTICE of Adoption of Prior Daubert Response of Shelby Thames, #40 Exhibit ECF 6973 - NOTICE of Adoption of Prior Daubert Response of Thomas C. Wright,, #41 Exhibit ECF 6990 - Notice of Adoption of Prior Daubert Response Regarding Jaime L. Sepulveda, #42 Exhibit ECF 7027 - MEMORANDUM by Ethicon, Inc., Johnson & Johnson in opposition to 6887 , #43 Exhibit ECF 7113 - NOTICE of Adoption of Prior Daubert Reply of Shelby Thames, #44 Exhibit ECF 7119 - NOTICE of Adoption of Prior Daubert Reply of Thomas C. Wright, #45 Exhibit ECF 7141 - NOTICE of Adoption of Prior Daubert Reply of Jaime L. Sepulveda-Toro, #46 Exhibit ECF 7143 - NOTICE of Adoption of Prior Daubert Reply of Timothy Ulatowski, #47 Exhibit ECF 7156 - NOTICE of Adoption of Reply in Support of Prior Daubert Motion to Exclude Certain Causation, #48 Exhibit ECF 2455 - Segment 001 MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames, #49 Exhibit ECF 2455 - Segment 002 MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames, #50 Exhibit ECF 2553 - Segment 001 Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby, #51 Exhibit ECF 2553 - Segment 002 Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby, #52 Exhibit ECF 2553 - Segment 003 Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby, #53 Exhibit ECF 2839 - Segment 001 of (2839) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames, #54 Exhibit ECF 2839 - Segment 002 of (2839) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames)(Gage, William) [Transferred from West Virginia Southern on 5/1/2019.] |
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Filing 40
ORDER AND SUGGESTION OF REMAND FOR CASES ON EXHIBIT A: Upon receipt of an order to remand from the Clerk of the Judicial Panel on Multidistrict Litigation and the timely filing of any joint designations of the MDL 2327 record by counsel in the individual case, the Clerk of this court, pursuant to 28 U.S.C. 1407, is ORDERED that on 4/21/2019 the cases identified on Exhibit A that are still pending shall be remanded to the United States District Courts identified on Exhibit A; on or before 4/21/2019 the parties are ORDERED to confer and to file all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider, as more fully directed herein; any joint motion to dismiss may be ruled upon and any proper stipulation of dismissal may close a case prior to remand; on the Transfer Date, the Clerk is DIRECTED to utilize the appropriate function in CM/ECF to extract each member case listed on Exhibit A that remains pending and remand it to the corresponding United States District Court listed on Exhibit A; after remand 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 4/11/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: Cases Listed on Exhibit A) (kab) [Transferred from West Virginia Southern on 5/1/2019.]
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Filing 39
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 5/1/2019.]
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Filing 38
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 5/1/2019.]
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| Filing 37 REPLY by Ethicon Endo-Surgery, Inc., Johnson & Johnson Health Care Systems, Inc. to Plaintiff's #36 BRIEF in Opposition to Defendants' Motion for Summary Judgment. (Gage, William) [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing 36 RESPONSE by Leslie Clabo in opposition to #31 MOTION by Ethicon Endo-Surgery, Inc., Johnson & Johnson Health Care Systems, Inc. for Summary Judgment (Baker, W.) (Modified on 11/15/2018 to remove link to #32 memorandum in support) (ts). [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing 35 RESPONSE by Ethicon Endo-Surgery, Inc., Johnson & Johnson Health Care Systems, Inc. in opposition to #33 MOTION by Leslie Clabo to Amend (Gage, William) [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing 34 REPLY by Ethicon Endo-Surgery, Inc., Johnson & Johnson Health Care Systems, Inc. to #31 MOTION by Ethicon Endo-Surgery, Inc., Johnson & Johnson Health Care Systems, Inc. for Summary Judgment. (Gage, William) [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing 33 MOTION by Leslie Clabo to Amend Complaint. (Attachment: #1 Ethicon Short Form Complaint)(Baker, W.) [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing 32 MEMORANDUM OF LAW by Ethicon Endo-Surgery, Inc., Johnson & Johnson Health Care Systems, Inc. in support of #31 MOTION by Ethicon Endo-Surgery, Inc., Johnson & Johnson Health Care Systems, Inc. for Summary Judgment (Gage, William) [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing 31 MOTION by Ethicon Endo-Surgery, Inc., Johnson & Johnson Health Care Systems, Inc. for Summary Judgment (Attachments: #1 Exhibit A)(Gage, William) [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing 30 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING DEPOSITIONS OF PLAINTIFF'S FRIENDS AND FAMILY MEMBERS by Ethicon Endo-Surgery, Inc., Johnson & Johnson Health Care Systems, Inc., Leslie Clabo (Sutherland, Kari) (Modified on 10/2/2018 to add party filer)(rmc). [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing 29 NOTICE OF VIDEO DEPOSITION by Ethicon Endo-Surgery, Inc., Johnson & Johnson Health Care Systems, Inc. of Dr. Frederick Klein on 10/01/2018 at 9:30 a.m. (Edney, A.) [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing 28 CERTIFICATE OF SERVICE by Ethicon Endo-Surgery, Inc., Johnson & Johnson Health Care Systems, Inc. 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 5/1/2019.] |
| Filing 27 NOTICE of Filing Subpoena to Dr. Steven Morris by Ethicon Endo-Surgery, Inc., Johnson & Johnson Health Care Systems, Inc. re: #26 Amended Notice of Video Deposition (Sutherland, Kari) [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing 26 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon Endo-Surgery, Inc., Johnson & Johnson Health Care Systems, Inc. of Dr. Steven Morris on 08/14/2018 at 9:00 a.m. (Sutherland, Kari) [Transferred from West Virginia Southern on 5/1/2019.] |
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Filing 24
ORDER The #23 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss for Failure to Comply With PTO 280 or Alternatively for Plaintiffs to Show Cause for Failure to Comply With PTO 280 or for Alternative Relief, Request for Expedited Briefing is DENIED as moot. Signed by Judge Joseph R. Goodwin on 6/14/2018. (cc: counsel of record; any unrepresented party) (REF: Cases Listed on Appendix A & B) (kab) [Transferred from West Virginia Southern on 5/1/2019.]
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Filing 25
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: 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; 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) (mmw) [Transferred from West Virginia Southern on 5/1/2019.]
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| Filing 23 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss for Failure to Comply With PTO 280 or Alternatively for Plaintiffs to Show Cause for Failure to Comply With PTO 280 or for Alternative Relief, Request for Expedited Briefing and Supporting Memorandum (Gage, William) [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing 22 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Benjamin M. Watson on behalf of Ethicon Endo-Surgery, Inc., Johnson & Johnson Health Care Systems, Inc.. (Watson, Benjamin) [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing 21 NOTICE of Filing Subpoena to Dr. Jeff Whitfield by Ethicon Endo-Surgery, Inc., Johnson & Johnson Health Care Systems, Inc. re: #20 Notice of Video Deposition. (Sutherland, Kari) [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing 20 NOTICE OF VIDEO DEPOSITION by Ethicon Endo-Surgery, Inc., Johnson & Johnson Health Care Systems, Inc. of Dr. Jeff Whitfield on 06/20/2018 at 8:00 a.m. (Sutherland, Kari) [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing 19 NOTICE OF VIDEO DEPOSITION by Ethicon Endo-Surgery, Inc., Johnson & Johnson Health Care Systems, Inc. of Leslie Clabo on 06/13/2018 at 10:30 a.m. (Sutherland, Kari) [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing 18 CERTIFICATE OF SERVICE by Johnson & Johnson Health Care Systems, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production. (Sutherland, Kari) [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing 17 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon Endo-Surgery, Inc., Johnson & Johnson Health Care Systems, Inc.. (Gage, William) [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing 16 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon Endo-Surgery, Inc., Johnson & Johnson Health Care Systems, Inc.. (Sutherland, Kari) [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing 15 PLAINTIFF FACT SHEET filed by Leslie Clabo. (Baker, W.) [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing 13 NOTICE OF VIDEO DEPOSITION by Johnson & Johnson Health Care Systems, Inc. of Dr. Steven Morris on 5/11/2018 at 9:00 a.m. (Gage, William) [Transferred from West Virginia Southern on 5/1/2019.] |
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Filing 14
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) (lca) (ADI) [Transferred from West Virginia Southern on 5/1/2019.]
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| Filing 12 PLAINTIFF FACT SHEET filed by Leslie Clabo. (Attachments: #1 Continuation Plaintiff Fact Sheet pt.2)(Baker, W.) [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing 11 PLAINTIFF PROFILE FORM filed by Leslie Clabo. (Baker, W.) [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing 10 TRANSMITTED PRETRIAL ORDER # 53 (AGREED ORDER AND STIPULATION REGARDING THIRD PARTY SUBPOENAS) entered on 06/12/2013 in MDL 2327 to attorneys in member case. (jap) [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing 9 CASE TRANSFERRED IN from the Tennessee Eastern; Case Number 3:13-cv-00329. Original file certified copy of transfer order and docket sheet received. [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing 8 CERTIFIED TRANSFER ORDER (CTO-87) In Re: ETHICON, INC., PELVIC REPAIR SYSTEM PRODUCTS LIABILITY LITIGATION transferring this civil action to the USDC Southern District of West Virginia. (AYB) [Transferred from Tennessee Eastern on 6/28/2013.] [Transferred from West Virginia Southern on 5/1/2019.] |
| Case electronically transferred to Southern District of West Virginia. (AYB) [Transferred from Tennessee Eastern on 6/28/2013.] [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing 7 (Case at Issue) NOTICE of Availability of Magistrate Judge (mailed to Mr. Baker) (AYB) [Transferred from Tennessee Eastern on 6/28/2013.] [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing 6 MEMORANDUM in Support of Motion re #5 MOTION to Stay All Proceedings filed by Ethicon Endo-Surgery, Inc, Johnson & Johnson Health Care Systems, Inc.. (Pinkley, T) [Transferred from Tennessee Eastern on 6/28/2013.] [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing 5 MOTION to Stay All Proceedings by Ethicon Endo-Surgery, Inc, Johnson & Johnson Health Care Systems, Inc.. (Pinkley, T) [Transferred from Tennessee Eastern on 6/28/2013.] [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing 4 Defendant Ethicon Endo-Surgery, Inc.'s ANSWER to Complaint by Ethicon Endo-Surgery, Inc.(Pinkley, T) [Transferred from Tennessee Eastern on 6/28/2013.] [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing 3 Defendant Johnson & Johnson Health Care Systems, Inc.'s ANSWER to Complaint by Johnson & Johnson Health Care Systems, Inc..(Pinkley, T) [Transferred from Tennessee Eastern on 6/28/2013.] [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing 2 Certificate of Corporate Interest filed by Ethicon Endo-Surgery, Inc, Johnson & Johnson Health Care Systems, Inc. identifying Corporate Parent Johnson & Johnson, Corporate Parent Ethicon, Inc. for Ethicon Endo-Surgery, Inc; Corporate Parent Johnson & Johnson for Johnson & Johnson Health Care Systems, Inc. (KAW) [Transferred from Tennessee Eastern on 6/28/2013.] [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of Knox County, Tennessee, case number 1-223-13. (Filing fee $ 400), filed by Johnson & Johnson Health Care Systems, Inc. and Ethicon Endo-Surgery, Inc.(Attachments: #1 Exhibit A (State Court Documents), #2 Civil Cover Sheet)(KAW) [Transferred from Tennessee Eastern on 6/28/2013.] [Transferred from West Virginia Southern on 5/1/2019.] |
| Filing fee: $ 400, receipt number K3021939 (KAW) [Transferred from Tennessee Eastern on 6/28/2013.] [Transferred from West Virginia Southern on 5/1/2019.] |
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