Long v. Ethicon, Inc. et al (TV2)
| Janice Long |
| Ethicon, Inc. and Johnson & Johnson |
| 3:2020cv00042 |
| January 28, 2020 |
| US District Court for the Eastern District of Tennessee |
| Debra C Poplin |
| Thomas A Varlan |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 16, 2020. A more recent docket listing may be available from PACER.
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Filing 46
ORDER granting #43 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting #45 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 Debra C. Poplin on 3/16/2020. (This entry constitutes the complete Order of the Court.) (AGA) Modified to reflect NEF regenerated to Christopher A. Gomez and Lee B. Balefsky on 3/17/2020 (JBR).
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| Filing 45 MOTION for Leave to Appear Pro Hac Vice for Lee B. Balefsky ( Filing fee $ 90 receipt number ATNEDC-4255067.) by Janice Long. (Attachments: #1 Exhibit Certificate of Good Standing)(Morris, Mary Ellen) |
| Clerk's Verification of PHV Requirements is complete regarding document: #45 MOTION for Leave to Appear Pro Hac Vice for Lee B. Balefsky ( Filing fee $ 90 receipt number ATNEDC-4255067.) filed by Janice Long Certificate of good standing is more than 30 days old, but the Clerk's office has verified with the USDC Eastern PA that Lee Balefsky is in good standing. (ABF) |
| Clerk's Verification of PHV Requirements is complete regarding document: #43 MOTION for Leave to Appear Pro Hac Vice for Christopher A. Gomez ( Filing fee $ 90 receipt number ATNEDC-4240806.) filed by Janice Long (JBR) |
| Filing 44 NOTICE of Appearance by Randall L Kinnard on behalf of Janice Long (Kinnard, Randall) |
| Filing 43 MOTION for Leave to Appear Pro Hac Vice for Christopher A. Gomez ( Filing fee $ 90 receipt number ATNEDC-4240806.) by Janice Long. (Attachments: #1 Exhibit Certificate of Good Standing)(Morris, Mary Ellen) |
| Filing 42 NOTICE of Appearance by Mary Ellen Morris on behalf of Janice Long (Morris, Mary Ellen) |
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Filing 41
ORDER STAYING CASE pending the Court's decision on defendants' motion for partial summary judgment (Doc. #16 ). The Court will lift the stay upon its resolution of this motion. Signed by District Judge Thomas A Varlan on 2/13/2020. (KMK)
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Filing 40
Order Governing Sealing Confidential Information. Signed by District Judge Thomas A Varlan on 2/10/20. (ABF)
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Filing 39
Order Governing Motions To Dismiss. Signed by District Judge Thomas A Varlan on 2/10/20. (ABF)
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Filing 38
Order Governing Depositions. Signed by District Judge Thomas A Varlan on 2/10/20. (ABF)
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Filing 37
ORDER: Pursuant to Local Rule 3.2(d)(3), the undersigned finds that the above-captioned case is related to Christine Webb, et al. v. Ethicon, Inc., et al., No. 3:19-CV-461. The Court finds that these cases arise out of the same transaction or occurrence and involve one or more of the same parties. Therefore, the two cases are related. See E.D. Tenn. L.R. 3.2(d)(3)(A)(2).Because the first of these cases was assigned to District Judge Thomas A. Varlan and Magistrate Judge Debra C. Poplin, this case will also be assigned to District Judge Thomas A. Varlan and Magistrate Judge Debra C. Poplin. However, consolidation is not ordered. Signed by Magistrate Judge Debra C Poplin on 2/10/20. (ABF)
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| District Judge Thomas A Varlan and Magistrate Judge Debra C Poplin added. (ABF) |
| Filing 36 Notice of Attorney Withdrawal Attorney David B. Thomas terminated. (Sutherland, Kari) |
| Filing 35 Notice of Attorney Withdrawal Attorney Susan M. Robinson terminated. (Sutherland, Kari) |
| Filing 34 NOTICE of Appearance by Anita Modak-Truran on behalf of Ethicon, Inc., Johnson & Johnson (Modak-Truran, Anita) |
| Filing 33 Notice of Attorney Withdrawal Attorney Kasey Mitchell Adams terminated. (Sutherland, Kari) |
| Filing 32 Notice of Attorney Withdrawal Attorney Adam J. Spicer terminated. (Sutherland, Kari) |
| Filing 31 Notice of Attorney Withdrawal Attorney William M Gage terminated. (Sutherland, Kari) |
| Filing 30 Notice of Attorney Withdrawal Attorney Christy D. Jones terminated. (Sutherland, Kari) |
| Filing 29 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-30195. |
| Case referred to Judge Poplin's Chambers for related case determination. (JBR) Modified to reflect copy mailed to all counsel on 1/28/2020 (JBR). |
| Filing 28 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #25 CONTINUED, ECF #6821 - Notice pf Adoption, #2 Exhibit ECF #25 CONTINUED, ECF #6833 - Amended Notice of Adoption, #3 Exhibit ECF #25 CONTINUED, ECF #6842 - Notice of Adoption, #4 Exhibit ECF #25 CONTINUED, ECF #6849 - Notice of Adoption, #5 Exhibit ECF #25 CONTINUED, ECF #6852 - Notice of Adoption, #6 Exhibit ECF #25 CONTINUED, ECF #6857 - Notice of Adoption, #7 Exhibit ECF #25 CONTINUED, ECF #6860 - Notice of Adoption, #8 Exhibit ECF #25 CONTINUED, ECF #6876 - Plfs Daubert Motion to Limit, #9 Exhibit ECF #25 CONTINUED, ECF #6877 - Plfs Memo in Support of Daubert Motion to Limit, #10 Exhibit ECF #25 CONTINUED, ECF #6922 - Notice of Adoption, #11 Exhibit ECF #25 CONTINUED, ECF #6926 - Notice of Adoption, #12 Exhibit ECF #25 CONTINUED, ECF #6958 - Notice of Adoption, #13 Exhibit ECF #25 CONTINUED, ECF #6960 - Notice of Adoption, #14 Exhibit ECF #25 CONTINUED, ECF #6965 - Notice of Adoption, #15 Exhibit ECF #25 CONTINUED, ECF #6972 - Notice of Adoption, #16 Exhibit ECF #25 CONTINUED, ECF #6990 - Notice of Adoption, #17 Exhibit ECF #25 CONTINUED, ECF #7020 Part 1 - Defs Motion to Preclude or Limit Opinions, #18 Exhibit ECF #25 CONTINUED, ECF #7020 Part 2 - Defs Motion to Preclude or Limit Opinions, #19 Exhibit ECF #25 CONTINUED, ECF #7113 - Notice of Adoption, #20 Exhibit ECF #25 CONTINUED, ECF #7123 - Notice of Adoption, #21 Exhibit ECF #25 CONTINUED, ECF #7141 - Notice of Adoption, #22 Exhibit ECF #25 CONTINUED, ECF #7143 - Notice of Adoption, #23 Exhibit ECF #25 CONTINUED, ECF #7177 - Notice of Adoption)(Gage, William) (Modified on 1/13/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 27 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #25 CONTINUED, ECF #2931 - Memo by All Plfs in Opposition, #2 Exhibit ECF #25 CONTINUED, ECF #2949 - Memo by All Plfs in Opposition, #3 Exhibit ECF #25 CONTINUED, ECF #2952 - Memo in Opposition to Motion to Exclude, #4 Exhibit ECF #25 CONTINUED, ECF #2957 - Response in Opposition to Motion to Exclude, #5 Exhibit ECF #25 CONTINUED, ECF #3017 - Reply by Ethicon in Support of Motion to Exclude, #6 Exhibit ECF #25 CONTINUED, ECF #3024 - Reply by Ethicon in Support of Motion to Exclude, #7 Exhibit ECF #25 CONTINUED, ECF #3037 - Reply by All Plfs in Support of Motion to Exclude, #8 Exhibit ECF #25 CONTINUED, ECF #3626 Part 1 - Motion to Limit, #9 Exhibit ECF #25 CONTINUED, ECF #3626 Part 2 - Motion to Limit, #10 Exhibit ECF #25 CONTINUED, ECF #3630 - Memo in Support of Motion to Limit, #11 Exhibit ECF #25 CONTINUED, ECF #3767 Part 1 - Response by Defs in Opposition, #12 Exhibit ECF #25 CONTINUED, ECF #3767 Part 2 - Response by Defs in Opposition, #13 Exhibit ECF #25 CONTINUED, ECF #3767 Part 3 - Response by Defs in Opposition, #14 Exhibit ECF #25 CONTINUED, ECF #3767 Part 4 - Response by Defs in Opposition, #15 Exhibit ECF #25 CONTINUED, ECF #3855 - Reply in Support of Motion to Limit, #16 Exhibit ECF #25 CONTINUED, ECF #4495 - Opposition to Notice of Adoption, #17 Exhibit ECF #25 CONTINUED, ECF #5332 - Motion to Exclude, #18 Exhibit ECF #25 CONTINUED, ECF #5333 - Memo in Support of Motion to Exclude, #19 Exhibit ECF #25 CONTINUED, ECF #5339 Part 1 - Motion to Exclude, #20 Exhibit ECF #25 CONTINUED, ECF #5339 Part 2 - Motion to Exclude, #21 Exhibit ECF #25 CONTINUED, ECF #5340 - Memo in Support of Motion to Exclude, #22 Exhibit ECF #25 CONTINUED, ECF #5482 - Response Memorandum in Opposition to Motion to Exclude, #23 Exhibit ECF #25 CONTINUED, ECF #5491 - Memo in Opposition to Motion to Exclude, #24 Exhibit ECF #25 CONTINUED, ECF #5548 - Reply in Support of Defs Motion to Exclude, #25 Exhibit ECF #25 CONTINUED, ECF #6648 - Notice of Adoption)(Gage, William) (Modified on 1/13/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 26 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #25 CONTINUED, ECF #2082 Part 1 - Motion by Ethicon to Exclude, #2 Exhibit ECF #25 CONTINUED, ECF #2082 Part 2 - Motion by Ethicon to Exclude, #3 Exhibit ECF #25 CONTINUED, ECF #2082 Part 3 - Motion by Ethicon to Exclude, #4 Exhibit ECF #25 CONTINUED, ECF #2134 - Response in Opposition to Motion to Exclude, #5 Exhibit ECF #25 CONTINUED, ECF #2187 - Response in Opposition to Exclude, #6 Exhibit ECF #25 CONTINUED, ECF #2191 - Amended Memo in Opposition to Motion to Exclude, #7 Exhibit ECF #25 CONTINUED, ECF #2225 - Reply of their Motion to Limit, #8 Exhibit ECF #25 CONTINUED, ECF #2232 - Plfs Reply Brief, #9 Exhibit ECF #25 CONTINUED, ECF #2247 - Reply in Support of Plfs Motion to Exclude, #10 Exhibit ECF #25 CONTINUED, ECF #2455 Part 1 - Motion by All Plfs to Exclude, #11 Exhibit ECF #25 CONTINUED, ECF #2455 Part 2 - Motion by All Plfs to Exclude, #12 Exhibit ECF #25 CONTINUED, ECF #2458 - Memo in Support of Motion to Exclude, #13 Exhibit ECF #25 CONTINUED, ECF #2553 Part 1 - Response in Opposition to Plfs Motion to Exclude, #14 Exhibit ECF #25 CONTINUED, ECF #2553 Part 2 - Response in Opposition to Plfs Motion to Exclude, #15 Exhibit ECF #25 CONTINUED, ECF #2553 Part 3 - Response in Opposition to Plfs Motion to Exclude, #16 Exhibit ECF #25 CONTINUED, ECF #2621 - Reply in Support of Motion to Exclude, #17 Exhibit ECF #25 CONTINUED, ECF #2759 - Defs Motion to Exclude, #18 Exhibit ECF #25 CONTINUED, ECF #2760 - Memo in Support of Motion to Exclude, #19 Exhibit ECF #25 CONTINUED, ECF #2815 - Memo in Support of Motion to Exclude, #20 Exhibit ECF #25 CONTINUED, ECF #2817 - Defs Motion to Exclude, #21 Exhibit ECF #25 CONTINUED, ECF #2818 - Memo in Support of Motion to Exclude, #22 Exhibit ECF #25 CONTINUED, ECF #2839 Part 1 - Motion by All Plfs to Exclude, #23 Exhibit ECF #25 CONTINUED, ECF #2839 Part 2 - Motion by All Plfs to Exclude, #24 Exhibit ECF #25 CONTINUED, ECF #2841 - Memo in Support of Motion to Exclude, #25 Exhibit ECF #25 CONTINUED, ECF #2910 - Notice of Response and Adoption)(Gage, William) (Modified on 1/13/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 25 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #238 - First Amended Complaint, #2 Exhibit ECF #239 - Master Answer and Jury Demand, #3 Exhibit ECF #241 - Master Answer and Jury Demand, #4 Exhibit ECF #262 - Short Form Complaint, #5 Exhibit ECF #263 - Amended Short Form Complaint, #6 Exhibit ECF #2014 - Motion by All Plfs to Exclude, #7 Exhibit ECF #2018 - Memo in Support of Motion to Exclude, #8 Exhibit ECF #2039 - Plfs Motion to Exclude, #9 Exhibit ECF #2042 - Memo in Support of Motion to Exclude, #10 Exhibit ECF #2047 Part 1 - Motion to Exclude, #11 Exhibit ECF #2047 Part 2 - Motion to Exclude, #12 Exhibit ECF #2047 Part 3 - Motion to Exclude, #13 Exhibit ECF #2047 Part 4 - Motion to Exclude, #14 Exhibit ECF #2047 Part 5 - Motion to Exclude, #15 Exhibit ECF #2047 Part 6 - Motion to Exclude, #16 Exhibit ECF #2047 Part 7 - Motion to Exclude, #17 Exhibit ECF #2047 Part 8 - Motion to Exclude, #18 Exhibit ECF #2047 Part 9 - Motion to Exclude, #19 Exhibit ECF #2047 Part 10 - Motion to Exclude, #20 Exhibit ECF #2047 Part 11 - Motion to Exclude, #21 Exhibit ECF #2047 Part 12 - Motion to Exclude, #22 Exhibit ECF #2047 Part 13 - Motion to Exclude, #23 Exhibit ECF #2047 Part 14 - Motion to Exclude, #24 Exhibit ECF #2060 - Motion by All Plfs to Exclude, #25 Exhibit ECF #2065 - Memo in Support of Motion to Exclude)(Gage, William) (Modified on 1/13/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 1/28/2020.] |
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Filing 24
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 1/23/2020 the cases identified on Exhibit A that are still pending shall be transferred to the United States District Courts identified on Exhibit A pursuant to 28 U.S.C. 1404(a); on or before 1/22/2020 the parties are DIRECTED to confer and to file in each pending individual member case identified in Exhibit A, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the Clerk is DIRECTED to use the appropriate function in CM/ECF to extract each member case listed on Exhibit A that remains pending and transfer it to the corresponding United States District Court listed on Exhibit A; after transfer of each member case listed in Exhibit A that is not dismissed prior to the Transfer Date, the Clerk is DIRECTED to formally close the case and strike it from the docket of this court. Signed by Judge Joseph R. Goodwin on 1/9/2020. (cc: Clerk of the JPMDL; counsel of record) (REF: MDL 2327; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 1/28/2020.]
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| Filing 23 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 1/28/2020.] |
| Filing 22 RESPONSE TO ORDER TO SHOW CAUSE by Janice Long (Balefsky, Lee) [Transferred from West Virginia Southern on 1/28/2020.] |
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Filing 21
SHOW CAUSE ORDER directing that plaintiffs' leadership and counsel for ALL defendants named in cases on Exhibit 1 are directed to show cause in writing why they should not be sanctioned for failing to comply with the Order entered in MDL 2327 at ECF #7710 by Wednesday 4/24/2019; any filing must be made in the individual cases on Exhibit 1; the court will schedule a hearing at a later date. Signed by Judge Joseph R. Goodwin on 4/10/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit 1) (mwk) (ADI) [Transferred from West Virginia Southern on 1/28/2020.]
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Filing 20
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 1/28/2020.]
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| Filing 19 OPPOSITION by Janice Long to #16 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachment: #1 Proposed Order)(Balefsky, Lee) [Transferred from West Virginia Southern on 1/28/2020.] |
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Filing 18
ORDER granting the Motions filed in MDL 2327 by Ethicon, Inc., Johnson & Johnson to Substitute Susan M. Robinson as Counsel in lieu of David B. Thomas, and to Substitute William M. Gage as Counsel in lieu of Christy D. Jones; the Clerk is directed to terminate Christy D. Jones and to substitute William M. Gage as counsel of record, both on the main master docket and for each individual member case in MDL 2327 with which Christy D. Jones is associated, and to terminate David B. Thomas and to substitute Susan M. Robinson as counsel of record, both on the main master docket and for each individual member case in MDL 2327 with which David B. Thomas is associated. Signed by Judge Joseph R. Goodwin on 5/24/2018. (cc: counsel of record; any unrepresented party) (lca) (ADI) [Transferred from West Virginia Southern on 1/28/2020.]
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| Filing 17 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #16 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Gage, William) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 16 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Gage, William) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 15 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING DEPOSITIONS OF PLAINTIFF'S FRIENDS AND FAMILY MEMBERS by Ethicon, Inc., Johnson & Johnson, Janice Long (Sutherland, Kari) (Modified on 10/2/2018 to add party filer)(rmc). [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 14 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Defendant's Non-Retained Expert Disclosures. (Gage, William) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 13 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Janice Long on 7/2/2018 at 9:00 a.m. (Adams, Kasey) [Transferred from West Virginia Southern on 1/28/2020.] |
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Filing 12
PRETRIAL ORDER # 303 (Amended Docket Control Order - Ethicon, Inc. Wave 8 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 280. The parties are advised that while this order will be entered in the individual cases in the coming days, it is effective as of the day it was entered in the main MDL. The following deadlines immediately apply in all Wave 8 cases: Plaintiff Fact Sheets due by 03/19/2018; Defendant Fact Sheets due by 04/19/2018; Deadline for written discovery requests due by 05/18/2018; Expert disclosures served by plaintiffs pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 07/13/2018; Expert disclosure served by defendants pursuant to Fed R. Civ P. 26 as limited by 3.a. of this order due by 08/13/2018; Expert disclosure served for rebuttal pursuant to Fed R. Civ. P. 26 as limited by 3.a. of this order due by 08/20/2018; Deposition deadline and close of discovery due by 10/04/2018; Filing of Dispositive Motions due by 10/18/2018; Response to Dispositive Motions due by 10/25/2018; Reply to response to Dispositive motions due by 11/01/2018; Filing of Daubert motions due by 10/18/2018; Responses to Daubert motions due by 10/25/2018; and Reply to response to Daubert motions due by 11/01/2018. Signed by Judge Joseph R. Goodwin on 6/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases) (kp) (ADI) [Transferred from West Virginia Southern on 1/28/2020.]
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| Filing 11 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Defendant's First Set of Interrogatories, Requests for Admission and Requests for Production. (Spicer, Adam) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 10 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kasey Mitchell Adams on behalf of Ethicon, Inc., Johnson & Johnson. (Adams, Kasey) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 9 NOTICE OF WITHDRAWAL OF NOTICEOF DEPOSITION by Ethicon, Inc., Johnson & Johnson re: #7 Notice of Videotaped Deposition. (Gage, William) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 7 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Steven R. Moffett on 3/12/2018 at 9:00 a.m. (Sutherland, Kari) [Transferred from West Virginia Southern on 1/28/2020.] |
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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) (klc) (ADI) [Transferred from West Virginia Southern on 1/28/2020.]
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| Filing 6 PLAINTIFF FACT SHEET filed by Janice Long. (Jimenez, Priscilla) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) [Transferred from West Virginia Southern on 1/28/2020.] |
| 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 1/28/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 84 (Order Amending PTO # 4 - Counsel Structure) entered on 12/06/2013 in MDL 2327 to attorneys in member case. (cbo) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2805911. (Attachments: #1 Civil Cover Sheet, #2 Notice of Service Under Delayed Filing Agreement) (ham) [Transferred from West Virginia Southern on 1/28/2020.] |
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