Barnwell et al v. Ethicon, Inc. et al
Plaintiff: Ralph Barnwell and Lettie Jane Barnwell
Defendant: C. R. Bard, Inc., Johnson & Johnson, Ethicon LLC and Ethicon Inc.
Case Number: 2:2020cv00002
Filed: January 10, 2020
Court: US District Court for the Middle District of Tennessee
Presiding Judge: Waverly D Crenshaw
Referring Judge: Alistair Newbern
2 Judge: Aleta A Trauger
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 4, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 4, 2020 Opinion or Order 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)
January 30, 2020 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).
January 29, 2020 Opinion or Order 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)
January 29, 2020 Opinion or Order 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)
January 28, 2020 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).
January 28, 2020 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).
January 28, 2020 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)
January 28, 2020 TN State Bar status verified as active for Randall L. Kinnard, Mary Ellen Morris. (am)
January 27, 2020 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)
January 27, 2020 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)
January 27, 2020 Filing 39 NOTICE of Appearance by Mary Ellen Morris on behalf of Lettie Jane Barnwell, Ralph Barnwell (Morris, Mary)
January 27, 2020 Filing 38 NOTICE of Appearance by Randall L. Kinnard on behalf of Lettie Jane Barnwell, Ralph Barnwell (Kinnard, Randall)
January 27, 2020 PA State Bar status verified as active for Christopher A. Gomez. (am)
January 24, 2020 Opinion or Order 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)
January 24, 2020 Opinion or Order 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)
January 24, 2020 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)
January 24, 2020 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)
January 23, 2020 Filing 33 MOTION to Withdraw as Attorney , MOTION to Substitute Attorney by Ethicon Inc., Johnson & Johnson. (Modak-Truran, Anita)
January 16, 2020 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)
January 16, 2020 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)
January 16, 2020 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)
January 16, 2020 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).
January 13, 2020 Filing 31 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Ethicon Inc., Johnson & Johnson. (Modak-Truran, Anita)
January 13, 2020 Filing 30 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Ethicon Inc., Johnson & Johnson. (Modak-Truran, Anita)
January 13, 2020 Filing 29 NOTICE by Ethicon Inc., Johnson & Johnson Notice of Withdrawal of Christy D. Jones (Modak-Truran, Anita)
January 13, 2020 Filing 28 NOTICE by Ethicon Inc., Johnson & Johnson Notice of Withdrawal of William M. Gage (Modak-Truran, Anita)
January 10, 2020 Filing 27 NOTICE of Business Entity Disclosure Statement filing requirement. (am)
January 10, 2020 Filing 26 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (am)
January 10, 2020 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.
December 30, 2019 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.]
December 19, 2019 Opinion or Order 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.]
April 24, 2019 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.]
April 10, 2019 Opinion or Order 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.]
March 26, 2019 Opinion or Order 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.]
January 17, 2019 Opinion or Order 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.]
October 18, 2018 Opinion or Order 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.]
June 13, 2018 Opinion or Order 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.]
March 19, 2018 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.]
March 13, 2018 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.]
January 31, 2018 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.]
January 30, 2018 Opinion or Order 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.]
August 17, 2017 Opinion or Order 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.]
June 6, 2017 Filing 11 PLAINTIFF PROFILE FORM filed by Lettie Jane Barnwell, Ralph Barnwell. (Balefsky, Lee) [Transferred from West Virginia Southern on 1/10/2020.]
January 14, 2016 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.]
October 1, 2015 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.]
January 29, 2015 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.]
May 13, 2013 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.]
May 3, 2013 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.]
May 2, 2013 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.]
April 26, 2013 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.]
April 19, 2013 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.]
April 18, 2013 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.]
April 18, 2013 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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Search for this case: Barnwell et al v. Ethicon, Inc. et al
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Plaintiff: Ralph Barnwell
Represented By: Lee B. Balefsky
Represented By: Michelle L. Tiger
Represented By: Thomas R. Kline
Represented By: Mary Ellen Morris
Represented By: Randall L. Kinnard
Represented By: Christopher A. Gomez
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Plaintiff: Lettie Jane Barnwell
Represented By: Lee B. Balefsky
Represented By: Michelle L. Tiger
Represented By: Thomas R. Kline
Represented By: Mary Ellen Morris
Represented By: Randall L. Kinnard
Represented By: Christopher A. Gomez
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Defendant: C. R. Bard, Inc.
Represented By: Marc E Williams
Represented By: Richard B. North, Jr.
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Defendant: Johnson & Johnson
Represented By: Anita K. Modak-Truran
Represented By: Kari L. Sutherland
Represented By: William M. Gage
Represented By: David B. Thomas
Represented By: Susan M. Robinson
Represented By: Christy D. Jones
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Defendant: Ethicon LLC
Represented By: William M. Gage
Represented By: David B. Thomas
Represented By: Susan M. Robinson
Represented By: Anita K. Modak-Truran
Represented By: Kari L. Sutherland
Represented By: Christy D. Jones
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Defendant: Ethicon Inc.
Represented By: Anita K. Modak-Truran
Represented By: Kari L. Sutherland
Represented By: William M. Gage
Represented By: David B. Thomas
Represented By: Susan M. Robinson
Represented By: Christy D. Jones
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