Shull et al v. Ethicon, Inc. et al
| Maxine Shull and Thomas Shull |
| Ethicon Inc. and Johnson & Johnson |
| 3:2019cv00969 |
| October 30, 2019 |
| US District Court for the Middle District of Tennessee |
| Aleta A Trauger |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on December 5, 2019. A more recent docket listing may be available from PACER.
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| Filing 83 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Ethicon Inc.. (Modak-Truran, Anita) |
| Filing 82 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Johnson & Johnson. (Modak-Truran, Anita) |
Filing 81
ORDER granting #78 Motion to Withdraw as Attorney. Attorney Philip J. Combs terminated. Signed by District Judge Aleta A. Trauger on 12/4/19. (gb)
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Filing 80
ORDER granting #77 Motion to Withdraw as Attorney. Attorney David B. Thomas terminated. Signed by District Judge Aleta A. Trauger on 12/4/19. (gb)
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Filing 79
ORDER granting #76 Motion to Withdraw as Attorney. Attorney Susan M. Robinson terminated. Signed by District Judge Aleta A. Trauger on 12/4/19. (gb)
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| Filing 78 MOTION to Withdraw as Attorney of Philip J. Combs by Ethicon Inc., Johnson & Johnson. (Attachments: #1 Exhibit A_Consent)(Modak-Truran, Anita) |
| Filing 77 MOTION to Withdraw as Attorney of David B. Thomas by Ethicon Inc., Johnson & Johnson. (Attachments: #1 Exhibit A_Consent)(Modak-Truran, Anita) |
| Filing 76 MOTION to Withdraw as Attorney of Susan Robinson by Ethicon Inc., Johnson & Johnson. (Attachments: #1 Exhibit A-Consent)(Modak-Truran, Anita) |
| Filing 75 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Ethicon Inc., Johnson & Johnson. (Modak-Truran, Anita) |
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Filing 74
ORDER granting #66 Motion for Kari Sutherland to Appear Pro Hac Vice. Signed by Kirk L. Davies on 11/26/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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| Filing 73 RECEIPT #34675057039 in the amount of $100 re #66 Motion to Appear Pro Hac Vice for attorney Kari Sutherland. (gb) |
| TN State Bar status verified as active for James Gerard Stranch, IV and Anthony A. Orlandi. (gb) |
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Filing 72
ORDER granting #70 Motion for William J. Doyle II to Appear Pro Hac Vice. Signed by Kirk L. Davies on 11/22/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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Filing 71
ORDER granting #69 Motion for Chris W. Cantrell to Appear Pro Hac Vice. Signed by Kirk L. Davies on 11/22/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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| Filing 70 MOTION for attorney William J. Doyle II to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3037076) by Maxine Shull, Thomas Shull. (Attachments: #1 Attachment Certificate of Good Standing)(Stranch, James) |
| Filing 69 MOTION for attorney Chris W. Cantrell to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3037064) by Maxine Shull, Thomas Shull. (Attachments: #1 Attachment Certificate of Good Standing)(Stranch, James) |
| Filing 68 NOTICE of Appearance by Anthony A. Orlandi on behalf of All Plaintiffs (Orlandi, Anthony) |
| Filing 67 NOTICE of Appearance by James Gerard Stranch, IV on behalf of All Plaintiffs (Stranch, James) |
| NOTICE TO FILER re DE#66 : 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. (gb) |
| Filing 66 MOTION for attorney Kari Sutherland to Appear Pro Hac Vice (Fee not paid-due within 21 days) by Ethicon Inc., Johnson & Johnson. (Attachments: #1 Attachment Certificate of Good Standing)(Modak-Truran, Anita) |
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Filing 65
ORDER granting #63 the Withdrawal of Attorney William M. Gage as counsel for Defendants. Signed by District Judge Aleta A. Trauger on 11/12/19. (gb)
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Filing 64
ORDER granting #62 the Withdrawal of Attorney Christy D. Jones as counsel for Defendants. Signed by District Judge Aleta A. Trauger on f11/12/19. (gb)
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| Filing 63 NOTICE by Ethicon Inc., Johnson & Johnson of the Withdrawal of Attorney William M. Gage as counsel for Defendants (Modak-Truran, Anita) |
| Filing 62 NOTICE by Ethicon Inc., Johnson & Johnson of the Withdrawal of Attorney Christy D. Jones as counsel for Defendants (Modak-Truran, Anita) |
| Filing 61 NOTICE of Initial Case Management Conference set for 1/6/2020 at 01:30 PM in Chambers 825 before District Judge Aleta A. Trauger. (gb) |
| Filing 60 Case transferred in from the District of West Virginia Southern; Case Number 2:12-cv-02296. Original file certified copy of transfer order and docket sheet received. |
| TN State Bar status verified as active for Anita K. Modak-Truran. MS State Bar status verified as active for Christy D. Jones, William M. Gage and Kari L. Sutherland. WV State Bar status verified as active for David B. Thomas, Philip J. Combs and Susan M. Robinson. CA State Bar status verified as active for Christopher W. Cantrell and John A. Lowther. WA State Bar status verified as active for William J. Doyle, II. (gb) |
| NOTICE TO COUNSEL Christy D. Jones, William M. Gage, Kari L. Sutherland, David B. Thomas, Philip J. Combs, Susan M. Robinson, Christopher W. Cantrell, John A. Lowther, William J. Doyle, II: 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 11/21/2019. (gb) |
| NOTICE TO COUNSEL Christopher W. Cantrell, John A. Lowther, William J. Doyle, II: 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 11/21/2019. (gb) |
| Filing 59 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF# 55 Continued - (2818) Memo in Support of Motion to Exclude Bruce Rosenzweig, #2 Exhibit ECF# 55 Continued - (2931) Memo in Opposition of Motion to Exclude Bruce Rosenzweig, #3 Exhibit ECF# 55 Continued - (5332) Motion to Exclude Bruce Rosenzweig, #4 Exhibit ECF# 55 Continued - (5333) Memo in Support of Motion to Exclude Bruce Rosenzweig, #5 Exhibit ECF# 55 Continued - (5482) Response Memo in Opposition of Motion to Exclude Bruce Rosenzweig, #6 Exhibit ECF# 55 Continued - (5548) Reply Brief in Support of Motion to Exclude Bruce Rosenzweig, #7 Exhibit ECF# 55 Continued - (6852) Notice of Adoption of Prior Daubert Motion to Exclude Bruce Rosenzweig, #8 Exhibit ECF# 55 Continued - (6960) Notice of Adoption of Prior Daubert Response of Bruce Rosenzweig, #9 Exhibit ECF# 55 Continued - (2642) Memo, Opinion and Order for Uwe Klinge, #10 Exhibit ECF# 55 Continued - (2646) Memo, Opinion and Order for Jimmy Mays, #11 Exhibit ECF# 55 Continued - (2649) Memo, Order and Opinion for Timothy Ulatowski, #12 Exhibit ECF# 55 Continued - (2650) Memo, Order and Opinion for Christina Pramudji, #13 Exhibit ECF# 55 Continued - (2660) Memo, Opinion and Order for E. Stanton Shoemaker, #14 Exhibit ECF# 55 Continued - (2666) Memo, Order and Opinion for Daniel Elliott, #15 Exhibit ECF# 55 Continued - (2668) Memo, Opinion and Order for Bruce Rosenzweig, #16 Exhibit ECF# 55 Continued - (2698) Memo, Opinion and Order for Scott Guelcher, #17 Exhibit ECF# 55 Continued - (2723) Memo, Opinion and Order for Shelby Thames)(Gage, William) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 58 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF# 55 Continued - (3626) Part 1 - Motion to Limit Testimony of Uwe Klinge, #2 Exhibit ECF# 55 Continued - (3626) Part 2 - Motion to Limit Testimony of Uwe Klinge, #3 Exhibit ECF# 55 Continued - (3767) Part 1 - Response in Opposition of Motion to Exclude Uwe Klinge, #4 Exhibit ECF# 55 Continued - (3767) Part 2 - Response in Opposition to Motion to Exclude Uwe Klinge, #5 Exhibit ECF# 55 Continued - (3767) Part 3 - Response in Opposition to Motion to Exclude Uwe Klinge, #6 Exhibit ECF# 55 Continued - (3767) Part 4 - Response in Opposition to Motion to Exclude Uwe Klinge, #7 Exhibit ECF# 55 Continued - (3855) Reply in Support of Motion to Exclude Uwe Klinge, #8 Exhibit ECF# 55 Continued - (6648) Notice of Adoption of Motion to Exclude Uwe Klinge, #9 Exhibit ECF# 55 Continued - (6833) Amended Notice of Adoption of Motion to Exclude Uwe Klinge, #10 Exhibit ECF# 55 Continued - (6926) Notice of Adoption of Prior Daubert Response of Uwe Klinge, #11 Exhibit ECF# 55 Continued - (7123) Notice of Adoption of Prior Daubert Reply of Uwe Klinge, #12 Exhibit ECF# 55 Continued - (2209) Reply in Support of Motion to Exclude Jimmy Mays, #13 Exhibit ECF# 55 Continued - (3031) Reply in Support of Motion to Exclude Jimmy Mays, #14 Exhibit ECF# 55 Continued - (3642) Part 1 - Motion to Exclude Jimmy Mays, #15 Exhibit ECF# 55 Continued - (3642) Part 2 - Motion to Exclude Jimmy Mays, #16 Exhibit ECF# 55 Continued - (3647) Memo in Support of Motion to Exclude Jimmy Mays, #17 Exhibit ECF# 55 Continued - (3751) Response to Motion to Exclude Jimmy Mays, #18 Exhibit ECF# 55 Continued - (3847) Reply in Support of Motion to Exclude Jimmy Mays, #19 Exhibit ECF# 55 Continued - (6649) Notice of Adoption of Motion to Exclude Jimmy Mays, #20 Exhibit ECF# 55 Continued - (6955) Notice of Adoption of Prior Daubert Response of Jimmy Mays, #21 Exhibit ECF# 55 Continued - (7125) Notice of Adoption of Prior Daubert Reply of Jimmy Mays)(Gage, William) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 57 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF# 55 Continued - (7143) Notice of Adoption of Prior Daubert Reply of Timothy Ulatowski, #2 Exhibit ECF# 55 Continued - (2815) Memo in Support of Motion to Exclude Daniel Elliott, #3 Exhibit ECF# 55 Continued - (2952) Memo in Opposition to Motion to Exclude Daniel Elliott, #4 Exhibit ECF# 55 Continued - (5339) Part 1 - Motion to Exclude Daniel Elliott, #5 Exhibit ECF# 55 Continued - (5339) Part 2 - Motion to Exclude Daniel Elliott, #6 Exhibit ECF# 55 Continued - (5340) Memo in Support of Motion to Exclude Daniel Elliott, #7 Exhibit ECF# 55 Continued - (5491) Response in Opposition to Motion to Exclude Daniel Elliott, #8 Exhibit ECF# 55 Continued - (6842) Notice of Adoption of Prior Daubert Motion of Daniel Elliott, #9 Exhibit ECF# 55 Continued - (6922) Notice of Adoption of Prior Daubert Response of Daniel Elliott, #10 Exhibit ECF# 55 Continued - (4573) Part 1 - Motion to Exclude Scott Guelcher, #11 Exhibit ECF# 55 Continued - (4573) Part 2 - Motion to Exclude Scott Guelcher, #12 Exhibit ECF# 55 Continued - (4573) Part 3 - Motion to Exclude Scott Guelcher, #13 Exhibit ECF# 55 Continued - (4573) Part 4 - Motion to Exclude Scott Guelcher, #14 Exhibit ECF# 55 Continued - (4574) Memo in Support of Motion to Exclude Scott Guelcher, #15 Exhibit ECF# 55 Continued - (4675) Part 1 - Memo in Opposition to Motion to Exclude Scott Guelcher, #16 Exhibit ECF# 55 Continued - (4675) Part 2 - Memo in Opposition to Motion to Exclude Scott Guelcher, #17 Exhibit ECF# 55 Continued - (4692) Reply in Support of Motion to Exclude Scott Guelcher, #18 Envelope ECF# 55 Continued - (6641) Notice of Adoption of Motino to Exclude Scott Guelcher, #19 Exhibit ECF# 55 Continued - (6951) Notice of Adoption of Prior Daubert Response of Scott Guelcher, #20 Exhibit ECF# 55 Continued - (7120) Notice of Adoption of Prior Daubert Reply Regarding Scott Guelcher)(Gage, William) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 56 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF# 55 Continued - (2466) Memo in Support of Motion to Exclude Robert Rogers, #2 Exhibit ECF# 55 Continued - (2488) Response in Opposition to Motion to Exclude Robert Rogers, #3 Exhibit ECF# 55 Continued - (6840) Notice of Adoption of Prior Daubert Motion of Robert Rogers, #4 Exhibit ECF# 55 Continued - (6993) Notice of Adoption of Prior Daubert Response of Robert Rogers, #5 Exhibit ECF# 55 Continued - (2039) Motion to Exclude Shelby Thames, #6 Exhibit ECF# 55 Continued - (2042) Memo in Support of Motion to Exclude Shelby Thames, #7 Exhibit ECF# 55 Continued - (2187) Response in Opposition to Motion to Exclude Shelby Thames, #8 Exhibit ECF# 55 Continued - (2247) Reply in Support of Motion to Exclude Shelby Thames, #9 Exhibit ECF# 55 Continued - (2455) Part 1 Motion to Exclude Shelby Thames, #10 Exhibit ECF# 55 Continued - (2455) Part 2 Motion to Exclude Shelby Thames, #11 Exhibit ECF# 55 Continued - (2458) Memo in Support of Motion to Exclude Shelby Thames, #12 Exhibit ECF# 55 Continued - (2553) Part 1 - Response in Opposition to Exclude Shelby Thames, #13 Exhibit ECF# 55 Continued - (2553) Part 2 - Response in Opposition to Motion to Exclude Shelby Thames, #14 Exhibit ECF# 55 Continued - (2553) Part 3 - Response in Opposition to Motion to Exclude Shelby Thames, #15 Exhibit ECF# 55 Continued - (2621) Reply in Support of Motion to Exclude Shelby Thames, #16 Exhibit ECF# 55 Continued - (2839) Part 1 - Motion to Exclude Shelby Thames, #17 Exhibit ECF# 55 Continued - (2839) Part 2 - Motion to Exclude Shelby Thames, #18 Exhibit ECF# 55 Continued - (2841) Memo in Support of Motion to Exclude Shelby Thames, #19 Exhibit ECF# 55 Continued - (2957) Response in Opposition to Motion to Exclude Shelby Thames, #20 Exhibit ECF# 55 Continued - (3037) Reply in Support of Motion to Exclude Shelby Thames, #21 Exhibit ECF# 55 Continued - (6857) Notice of Adoption of Prior Daubert of Shelby Thames, #22 Exhibit ECF# 55 Continued - (6972) Notice of Adoption of Prior Daubert Response of Shelby Thames, #23 Exhibit ECF# 55 Continued - (7113) Notice of Adoption of Prior Daubert Reply of Shelby Thames, #24 Exhibit ECF# 55 Continued - (2060) Motion to Exclude Timothy Ulatowski, #25 Exhibit ECF# 55 Continued - (2065) Memo in Support of Motion to Exclude Timothy Ulatowski, #26 Exhibit ECF# 55 Continued - (2134) Response in Opposition to Motion to Exclude Timothy Ulatowski, #27 Exhibit ECF# 55 Continued - (2232) Reply in Support of Motion to Exclude Timothy Ulatowski, #28 Exhibit ECF# 55 Continued - (2910) Response and Notice of Adoption of Prior Daubert Response Regarding Timothy Ulatowski, #29 Exhibit ECF# 55 Continued - (6860) Notice of Adoption of Prior Daubert Motion of Timothy Ulatowski)(Gage, William) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 55 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit (281) Pretrial Order No. 17, #2 Exhibit (303) Pretrial Order No. 20, #3 Exhibit (409) Pretrial Order No. 38, #4 Exhibit (545) Pretrial Order No. 45, #5 Exhibit (622) Pretrial Order No. 49, #6 Exhibit (756) Pretrial Order No. 63, #7 Exhibit (774) Pretrial Order No. 65, #8 Exhibit (797) Pretrial Order No. 66, #9 Exhibit (1001) Pretrial Order No. 91, #10 Exhibit (2938) Pretrial Order No. 240, #11 Exhibit (3950) Pretrial Order No. 260, #12 Exhibit (4299) Pretrial Order No. 268, #13 Exhibit (4663) Pretrial Order No. 270, #14 Exhibit (4737) Pretrial Order No. 271, #15 Exhibit (5235) Pretrial Order No. 280, #16 Envelope (5242) Pretrial Order No. 281, #17 Exhibit (6021) Pretrial Order No. 303, #18 Exhibit (219) Short Form Complaint, #19 Exhibit (220) Master Long Form Complaint, #20 Exhibit (221) Ethicon Master Answer, #21 Exhibit (223) Johnson & Johnson Master Answer, #22 Exhibit (238) First Amended Master Long Form Complaint, #23 Exhibit (239) Master Answer and Jury Demand, #24 Exhibit (241) Master Answer and Jury Demand, #25 Exhibit (262) Short Form Complaint, #26 Exhibit (263) Amended Short Form Complaint)(Gage, William) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 54
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 10/30/2019 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 10/29/2019 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 10/16/2019. (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 10/31/2019.]
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Filing 53
ORDER denying #46 MOTION by Maxine Shull, Thomas Shull to Reconsider #45 Order. Signed by Judge Joseph R. Goodwin on 10/15/2019. (cc: attys; any unrepresented party) (st) [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 52 RESPONSE TO ORDER TO SHOW CAUSE by Maxine Shull (Cantrell, Christopher) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 51 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon Women's Health and Urology, Ethicon, Inc., Gynecare, Johnson & Johnson, Johnson & Johnson Co., Inc. (Attachments: #1 Exh 1-List of Cases, #2 Exh 2- Letter)(Gage, William) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 50
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 10/31/2019.]
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Filing 49
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 10/31/2019.]
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| Filing 48 REPLY by Maxine Shull, Thomas Shull to #47 Response In Opposition. (Cantrell, Christopher) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 47 RESPONSE by Ethicon, Inc., Johnson & Johnson in opposition to #46 MOTION by Maxine Shull, Thomas Shull to Reconsider #45 Order granting Defendants' Motion for Extension of Expert Deadline. (Gage, William) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 46 MOTION by Maxine Shull, Thomas Shull to Reconsider #45 Order (Cantrell, Christopher) (Modified on 12/26/2018 to add link to #45 order) (ts). [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 45
ORDER The #41 Order entered on 9/13/2018 is VACATED; the #35 MOTION by Ethicon, Inc., Johnson & Johnson for Extension of Expert Deadline and Supporting Memorandum is GRANTED; the #27 Pretrial Order # 280 is VACATED and a new scheduling order will be entered; and the #42 MOTION by Ethicon, Inc., Johnson & Johnson to Reconsider Denial of #41 Order is DENIED as moot. Signed by Judge Joseph R. Goodwin on 10/10/2018. (cc: counsel of record; any unrepresented party) (mek) [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 44 OPPOSITION by Maxine Shull, Thomas Shull in opposition to #42 MOTION by Ethicon, Inc., Johnson & Johnson to Reconsider Denial of #41 Order (Attachment: #1 Declaration Of Chris W. Cantrell In Opposition)(Lowther, John) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 43 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Maxine Shull on 10/4/2018 at 1:00 p.m. (Modak-Truran, Anita) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 42 MOTION by Ethicon, Inc., Johnson & Johnson to Reconsider Denial of #41 Order (Attachment: #1 Exhibit A)(Gage, William) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 41
VACATED PURSUANT TO THE #45 ORDER ENTERED ON 10/10/2018: ORDER denying #35 MOTION by Ethicon, Inc., Johnson & Johnson for Extension of Expert Deadline and Supporting Memorandum. Signed by Judge Joseph R. Goodwin on 9/21/2018. (cc: attys; any unrepresented party) (kab) (Modified on 10/10/2018 to note order has been vacated) (mek). [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 40 NOTICE OF VIDEOTAPED DEPOSITION by Ethicon, Inc., Johnson & Johnson of Maxine Shull on October 4, 2018 at 2:00 p.m. (Modak-Truran, Anita) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 39 SUGGESTION OF DEATH UPON THE RECORD as to Thomas Shull by Maxine Shull (Cantrell, Christopher) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 38 AMENDED NOTICE OF VIDEO DEPOSITION by Maxine Shull, Thomas Shull of Mark Plunkett, MD on 10/04/2018 at 10:00 a.m. (Cantrell, Christopher) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 37 OPPOSITION by Maxine Shull, Thomas Shull to #35 MOTION by Ethicon, Inc., Johnson & Johnson for Extension of Expert Deadline (Attachment: #1 Affidavit Declaration of Chris W. Cantrell)(Cantrell, Christopher) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 36 CERTIFICATE OF SERVICE by Ethicon Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Nonn-Retained Expert Disclosures. (Gage, William) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 35 MOTION by Ethicon, Inc., Johnson & Johnson for Extension of Expert Deadline and Supporting Memorandum (Gage, William) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 34 CERTIFICATE OF SERVICE by Maxine Shull, Thomas Shull for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Cantrell, Christopher) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 33 CERTIFICATE OF SERVICE by Maxine Shull, Thomas Shull for Responses and Objections to Ethicon, Inc.s First Set of Requests for Production, Requests for Admission and Interrogatories. (Cantrell, Christopher) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 31 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Objections and Responses to Plaintiff's Interrogatories, Requests for Production, and Requests for Admissions. (Modak-Truran, Anita) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 32
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) (kab) [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 30 CERTIFICATE OF SERVICE by Maxine Shull, Thomas Shull for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Cantrell, Christopher) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 29 CERTIFICATE OF SERVICE by Maxine Shull, Thomas Shull for First Set of Requests for Production, Requests for Admission, and First Set of Interrogatories. (Cantrell, Christopher) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 28 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for First Set of Interrogatories, Requests for Admission and Requests for Production. (Modak-Truran, Anita) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 27
VACATED PURSUANT TO THE #45 ORDER ENTERED ON 10/10/2018: 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) (mek) (Modified on 10/10/2018 to note order has been vacated) (mek). [Transferred from West Virginia Southern on 10/31/2019.]
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Filing 26
ORDER (Dismissing Defendant C. R. Bard, Inc. and Covidien Entities with Prejudice and Transferring Cases to MDL 2327) directing that (1) the JOINT MOTION by Sofradim Production SAS, Tissue Science Laboratories Limited, Covidien, C. R. Bard, Inc., Certain Plaintiffs to Dismiss Certain Defendants With Prejudice and MOTION TO TRANSFER this member case from MDL 2187 C. R. Bard to MDL 2 327 Ethicon filed in MDL 2187 are GRANTED; (2) Defendants Bard and the Covidien entities are DISMISSED WITH PREJUDICE as defendants in the actions listed in Exhibits A through N; (3) these actions are TRANSFERRED to MDL 2327; (4) these actions are now subject to PTO # 280 entered in MDL 2327; and (5) plaintiffs counsel is directed to file the appropriate Amended Short Form Complaint within the time stated in the Motion; the Clerk is directed to (1) disassociate each civil action listed in Exhibits A through N as a member case in MDL 2187 and re-associate it with MDL 2327; (2) file MDL 2327, PTO # 280 in the individual cases listed in Exhibits A through N; and (3) change the 2187 Wave 7 flag to a MDL 2327 Wave 8 flag. Signed by Judge Joseph R. Goodwin on 4/5/2018. (cc: attys; any unrepresented party) (REF: MDL 2187; Cases Listed in Exhibits Athrough N) (brn) [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 25 NOTICE OF VIDEO DEPOSITION by Maxine Shull, Thomas Shull of Dr. Mark A. Plunkett on 3/22/2018 at 10:00 a.m. (Cantrell, Christopher) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 24
PRETRIAL ORDER # 275 (Docket Control Order - C. R. Bard Wave 7 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING C. R. BARD, 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 7 cases") becomes subject to the deadlines in this Docket Control Order. The stay on the Covidien Wave 1 cases is lifted and the Covidien Wave 1 cases are incorporated in the C. R. Bard Wave 7 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 7 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 7 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 2187; Bard Wave 7 Cases Listed on Exhibit A) (brn) [Transferred from West Virginia Southern on 10/31/2019.]
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Filing 23
ORDER on Motions filed in MDL 2187: denying, as moot, MOTION by Doyle Lowther LLP for Change of Address in MDL No. 2187 and each individual member case in which Doyle Lowther LLP is associated; granting AMENDED MOTION by William J. Doyle II, John Lowther, Christopher W. Cantrell of Doyle Lowther LLP for Change of Address. The Clerk is DIRECTED to update William J. Doyle II, John Lowther, and Chris Cantrell's information, as set forth in the Motion, both on the main master docket and for each individual member case in MDL 2187 with which said attorneys are associated. Signed by Judge Joseph R. Goodwin on 1/29/2016. (cc: attys; any unrepresented party) (mek) [Transferred from West Virginia Southern on 10/31/2019.]
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Filing 22
ORDER: Based on representation of counsel that Laura H. Dixon no longer represents any party in this MDL or any party in any member case, the above-named counsel is terminated where she appears as counsel for any party in this MDL and in any member case. Signed by Judge Joseph R. Goodwin on 5/6/2014. (cc: attys; any unrepresented party) (klc) [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 21 AMENDED SHORT FORM COMPLAINT filed by Maxine Shull, Thomas Shull against C. R. Bard, Inc. ("Bard"), Tissue Science Laboratories Limited ("TSL"), Ethicon, Inc., Johnson & Johnson. (Doyle, William) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 20 WAIVER OF SERVICE EXECUTED. Waiver signed by Deborah A. Moeller on 7/27/12. Tissue Science Laboratories Limited waiver mailed on 6/26/2012, answer due 8/27/2012. (Doyle, William) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 19 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Deborah A. Moeller on behalf of C. R. Bard, Inc., Tissue Science Laboratories Limited. (Moeller, Deborah) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 18 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Susan M. Robinson on behalf of Ethicon, Inc., Johnson & Johnson Co., Inc.. (Robinson, Susan) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 17 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Philip J. Combs on behalf of Ethicon, Inc., Johnson & Johnson Co., Inc.. (Combs, Philip) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 16 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson Co., Inc.. (Thomas, David) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 15 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Laura H. Dixon on behalf of Ethicon, Inc., Johnson & Johnson Co., Inc.. (Dixon, Laura) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 14 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson Co., Inc.. (Sutherland, Kari) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 13 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson Co., Inc.. (Gage, William) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 12 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson Co., Inc.. (Jones, Christy) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 11 WAIVER OF SERVICE EXECUTED. Waiver signed by Richard B. North, Jr. on 6/27/12. C. R. Bard, Inc. waiver mailed on 6/26/2012, answer due 8/27/2012. (Doyle, William) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 10 SUMMONS RETURNED EXECUTED for Johnson & Johnson Co., Inc., re: #1 Complaint. Johnson & Johnson Co., Inc. served on 7/2/2012, answer due 7/23/2012. Summons served on Chris Lionette. (Doyle, William) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 9 SUMMONS RETURNED EXECUTED for Ethicon, Inc., re: #1 Complaint. Ethicon, Inc. served on 7/2/2012, answer due 7/23/2012. Summons served on Chris Lionette. (Doyle, William) (Modified on 7/22/2012 to remove text regarding service on Ethicon Women's Health and Urology; party served: Ethicon, Inc.)(skh). [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 8 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 10/31/2019.] |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Matthew B. Lerner on behalf of C. R. Bard, Inc.. (Lerner, Matthew) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Taylor Tapley Daly on behalf of C. R. Bard, Inc.. (Daly, Taylor) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 5 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 10/31/2019.] |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Melissa Foster Bird on behalf of C. R. Bard, Inc.. (Bird, Melissa) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 3 TRANSMITTED PRETRIAL ORDER #41 (Discovery Scheduling Order for Group 1A Cases) entered on 06/19/2012 in MDL 2187 to attorneys in member case. (klc) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 2 SUMMONS ISSUED by the Clerk on behalf of Thomas Shull and Maxine Shull for Ethicon, Inc. and Johnson & Johnson Co., Inc., re: #1 Complaint, returnable 21 days. Original Summons and 2 copies for each defendant mailed to William J. Doyle II for service. (lca) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 1 COMPLAINT. Filing Fee $350.00. Receipt # 0425-1885303. (Attachment: #1 Civil Cover Sheet) (lca) [Transferred from West Virginia Southern on 10/31/2019.] |
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