Barnwell et al v. Ethicon, Inc. et al
| Ralph Barnwell and Lettie Jane Barnwell |
| C. R. Bard, Inc., Johnson & Johnson, Ethicon LLC and Ethicon Inc. |
| 2:2020cv00002 |
| January 10, 2020 |
| US District Court for the Middle District of Tennessee |
| Waverly D Crenshaw |
| Alistair Newbern |
| Aleta A Trauger |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 47
ORDER: The parties have filed a Joint Stipulation of Dismissal with Prejudice (Doc. No. 46). Accordingly, this action is DISMISSED WITH PREJUDICE, and the Clerk is directed to close the file. Signed by Chief Judge Waverly D. Crenshaw, Jr on 2/4/2020. (am)
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| Filing 46 JOINT STIPULATION of Dismissal with Prejudice by Ethicon Inc., Ethicon LLC, Johnson & Johnson. (Attachments: #1 Attachment Certificate of Service)(Modak-Truran, Anita) Modified Text on 1/31/2020 (am). |
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Filing 45
ORDER granting #34 Motion for Christopher A. Gomez to Appear Pro Hac Vice. Signed by Kirk L. Davies on 1/29/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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Filing 44
ORDER granting #35 Motion for Lee B. Balefsky to Appear Pro Hac Vice. Signed by Kirk L. Davies on 1/29/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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| Filing 43 Conformed Certificate of Service filed by Lettie Jane Barnwell, Ralph Barnwell re #38 Notice of Appearance filed by Lettie Jane Barnwell, Ralph Barnwell. (Kinnard, Randall) Modified Text on 1/31/2020 (am). |
| Filing 42 Conformed Certificate of Service filed by Lettie Jane Barnwell, Ralph Barnwell re #39 Notice of Appearance filed by Lettie Jane Barnwell, Ralph Barnwell. (Morris, Mary) Modified Text on 1/31/2020 (am). |
| TN State Bar status verified as active for Randall L. Kinnard, Mary Ellen Morris. (am) |
| NOTICE TO FILER re DE# [38,39]: Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (am) |
| Filing 41 CERTIFICATE Service filed by Lettie Jane Barnwell, Ralph Barnwell re #39 Notice of Appearance filed by Lettie Jane Barnwell, Ralph Barnwell. (Morris, Mary) |
| Filing 40 CERTIFICATE Service filed by Lettie Jane Barnwell, Ralph Barnwell re #38 Notice of Appearance filed by Lettie Jane Barnwell, Ralph Barnwell. (Kinnard, Randall) |
| Filing 39 NOTICE of Appearance by Mary Ellen Morris on behalf of Lettie Jane Barnwell, Ralph Barnwell (Morris, Mary) |
| Filing 38 NOTICE of Appearance by Randall L. Kinnard on behalf of Lettie Jane Barnwell, Ralph Barnwell (Kinnard, Randall) |
| PA State Bar status verified as active for Christopher A. Gomez. (am) |
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Filing 37
ORDER: The motion #33 is GRANTED, to be effective upon the date of substitute counsel's admission to the bar of this Court. Signed by Magistrate Judge Alistair Newbern on 1/24/2020. (mg)
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Filing 36
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Lead counsel for the parties shall attend the initial case management conference. This case shall be set for trial upon completion of the initial case management conference by order of the Court in accordance with the procedures of Local Rule 16.01(h). Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/24/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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| Filing 35 MOTION for attorney Lee B. Balefsky to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3072981) by Lettie Jane Barnwell, Ralph Barnwell. (Attachments: #1 Attachment Order, #2 Exhibit A)(Gomez, Christopher) |
| Filing 34 MOTION for attorney Christopher A. Gomez to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3072959) by Lettie Jane Barnwell, Ralph Barnwell. (Attachments: #1 Attachment Order, #2 Exhibit A)(Gomez, Christopher) |
| Filing 33 MOTION to Withdraw as Attorney , MOTION to Substitute Attorney by Ethicon Inc., Johnson & Johnson. (Modak-Truran, Anita) |
| Filing 32 NOTICE of Initial Case Management Conference set for 4/13/2020 at 02:30 PM in Cookeville before Magistrate Judge Alistair Newbern. (am) |
| State Bar status verified as active for (PA) Thomas R. Kline, (PA) Lee B. Balefsky, (PA) Michelle L. Tiger, (WV) David B. Thomas, (MS) Christy D. Jones, (MS) Kari L. Sutherland,(MS) William M. Gage, (TN) Anita K. Modak-Truran, (WV) Susan M. Robinson. (am) Modified Text on 1/16/2020 (am). |
| NOTICE TO COUNSEL Thomas R. Kline, Lee B. Balefsky, Michelle L. Tiger, David B. Thomas, Christy D. Jones, Kari L. Sutherland, William M. Gage, Susan M. Robinson: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $100.00 (LR 83.01(b)). PHV due by 2/6/2020. (am) |
| NOTICE TO COUNSEL Thomas R. Kline, Lee B. Balefsky, Michelle L. Tiger: WITHIN 21 DAYS, counsel shall associate local counsel qualified to practice in the United States District Court for the Middle District of Tennessee. Local counsel shall electronically file a Notice of Appearance (LR 83.01(d)). Appearance by local counsel due by 2/6/2020. (am) |
| Filing 31 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Ethicon Inc., Johnson & Johnson. (Modak-Truran, Anita) |
| Filing 30 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Ethicon Inc., Johnson & Johnson. (Modak-Truran, Anita) |
| Filing 29 NOTICE by Ethicon Inc., Johnson & Johnson Notice of Withdrawal of Christy D. Jones (Modak-Truran, Anita) |
| Filing 28 NOTICE by Ethicon Inc., Johnson & Johnson Notice of Withdrawal of William M. Gage (Modak-Truran, Anita) |
| Filing 27 NOTICE of Business Entity Disclosure Statement filing requirement. (am) |
| Filing 26 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (am) |
| Filing 25 Case transferred in from the District of West Virginia Southern; Case Number 2:13-cv-08263. Original file certified copy of transfer order and docket sheet received. |
| Filing 24 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit (238) First Amended Complaint, #2 Exhibit (239) Master Answer and Jury Demand, #3 Exhibit (240) Master Answer and Jury Demand, #4 Exhibit (241) Master Answer and Jury Demand, #5 Exhibit (262) Short Form Complaint, #6 Exhibit (263) Amended Short Form Complaint)(Gage, William) (Modified on 12/31/2019 to add party filers) (mk). [Transferred from West Virginia Southern on 1/10/2020.] |
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Filing 23
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 1/09/2020 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 1/08/2020 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 12/19/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 1/10/2020.]
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| Filing 22 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Attachments: #1 Exhibit 1 - List of Cases, #2 Exhibit 2 - Letter)(Gage, William) [Transferred from West Virginia Southern on 1/10/2020.] |
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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 1/10/2020.]
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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) (sak) (ADI) [Transferred from West Virginia Southern on 1/10/2020.]
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Filing 19
ORDER denying STIPULATION TO DISMISS WITH PREJUDICE. Signed by Judge Joseph R. Goodwin on 1/17/2019. (cc: attys; any unrepresented party) (st) [Transferred from West Virginia Southern on 1/10/2020.]
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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 1/10/2020.]
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Filing 17
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) (kab) (ADI) [Transferred from West Virginia Southern on 1/10/2020.]
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| Filing 16 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Anita Modak-Truran on behalf of Ethicon, Inc., Johnson & Johnson. (Modak-Truran, Anita) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 15 STIPULATION TO DISMISS WITH PREJUDICE by Lettie Jane Barnwell, Ralph Barnwell, Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Balefsky, Lee) (Modified on 3/13/2018 to add party filers) (mek). [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 13 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Dale Perrigan on 5/11/2018 at 9:00 a.m. (Thomas, David) [Transferred from West Virginia Southern on 1/10/2020.] |
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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) (kp) (ADI) [Transferred from West Virginia Southern on 1/10/2020.]
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Filing 12
ORDER (Dismissing Defendant C. R. Bard, Inc. with Prejudice) granting the Joint Motion to Dismiss Defendant C. R. Bard, Inc. with Prejudice filed in MDL 2327 by plaintiffs, identified on the attached Exhibit A, and C. R. Bard, Inc., seeking dismissal of Bard from these actions with prejudice because all claims between them have been compromised and settled. Other defendants remain in these actions and plaintiffs will continue to prosecute these actions against them. Signed by Judge Joseph R. Goodwin on 8/17/2017. (cc: attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (kp) [Transferred from West Virginia Southern on 1/10/2020.]
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| Filing 11 PLAINTIFF PROFILE FORM filed by Lettie Jane Barnwell, Ralph Barnwell. (Balefsky, Lee) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 10 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 1/10/2020.] |
| Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 8 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 1/10/2020.] |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Thomas, David) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Marc E. Williams on behalf of C. R. Bard, Inc.. (Williams, Marc) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Richard B. North, Jr on behalf of C. R. Bard, Inc.. (North, Richard) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 4 WAIVER OF SERVICE EXECUTED. Waiver signed by Richard B. North, Jr. on 4/26/2013. C. R. Bard, Inc. waiver mailed on 4/24/2013, answer due 6/24/2013. (North, Richard) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 3 ELECTRONIC SUMMONS ISSUED as to C. R. Bard, Inc., Ethicon, Inc., Ethicon, LLC, and Johnson & Johnson, re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (mmw) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 43 (Order Scheduling Future Status Conferences) entered on 04/09/2013 in MDL 2327 to attorneys in member case. (jap) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2355643. (Attachment: #1 Civil Cover Sheet) (mh) [Transferred from West Virginia Southern on 1/10/2020.] |
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