Carver et al v. Ethicon, Inc. et al
| James Carver and Virginia Carver |
| Johnson & Johnson, Ethicon LLC and Ethicon Inc. |
| 3:2019cv00970 |
| October 30, 2019 |
| 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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This docket was last retrieved on December 20, 2019. A more recent docket listing may be available from PACER.
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Filing 59
ORDER DISMISSING CASE: The parties being in agreement, IT IS HEREBY ORDERED that all claims against Defendants are hereby dismissed with prejudice, with each party bearing its own costs. The Clerk is direct to close this the file. Signed by Chief Judge Waverly D. Crenshaw, Jr on 12/20/2019. (mg)
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| Filing 58 PROPOSED ORDER OF DISMISSAL Agreed Order of Dismissal filed by Ethicon Inc., Johnson & Johnson. (Modak-Truran, Anita) |
| Filing 57 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Ethicon Inc.. (Modak-Truran, Anita) |
| Filing 56 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Johnson & Johnson. (Modak-Truran, Anita) |
| TN State Bar status verified as active for Anita K. Modak-Truran. (jm) |
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Filing 55
ORDER granting #52 Motion to Withdraw as Attorney. Attorney Susan M. Robinson terminated. Signed by Magistrate Judge Alistair Newbern on 12/4/2019. (jm)
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Filing 54
ORDER granting #51 Motion to Withdraw as Attorney. Attorney David B. Thomas terminated. Signed by Magistrate Judge Alistair Newbern on 12/4/2019. (jm)
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Filing 53
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. Signed by Chief Judge Waverly D. Crenshaw, Jr on 12/3/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)
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| Filing 52 MOTION to Withdraw as Attorney of Susan M Robinson by Ethicon Inc., Johnson & Johnson. (Attachments: #1 Exhibit A_Consent)(Modak-Truran, Anita) |
| Filing 51 MOTION to Withdraw as Attorney for David B. Thomas by Ethicon Inc., Johnson & Johnson. (Attachments: #1 Exhibit A_Consent)(Modak-Truran, Anita) |
| Filing 50 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Ethicon Inc., Johnson & Johnson. (Modak-Truran, Anita) |
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Filing 49
ORDER granting #47 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 48 RECEIPT #34675057037 in the amount of $100.00 re #47 Motion to Appear Pro Hac Vice. (jm) |
| Filing 47 MOTION for attorney Kari Sutherland to Appear Pro Hac Vice (Fee paid) by Ethicon Inc., Johnson & Johnson. (Attachments: #1 Attachment Certificate of Good Standing)(Modak-Truran, Anita) Modified text on 11/25/2019 (jm). |
| Filing 46 NOTICE by Ethicon Inc., Johnson & Johnson of the Withdrawal of Attorney James C. Barton, Jr. as counsel for Defendants (Modak-Truran, Anita) |
| Filing 45 NOTICE by Ethicon Inc., Johnson & Johnson of the Withdrawal of Attorney William M. Gage as counsel for Defendants (Modak-Truran, Anita) |
| Filing 44 NOTICE by Ethicon Inc., Johnson & Johnson of the Withdrawal of Attorney Ashley Nader Stubbs as counsel for Defendants (Modak-Truran, Anita) |
| Filing 43 NOTICE by Ethicon Inc., Johnson & Johnson of the Withdrawal of Attorney Christy D. Jones as counsel for Defendants (Modak-Truran, Anita) |
| Filing 42 CERTIFICATE Certificate of Service filed by Ethicon Inc., Johnson & Johnson re #36 Notice of Appearance filed by Ethicon Inc., Johnson & Johnson. (Modak-Truran, Anita) |
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Filing 41
ORDER granting #39 Motion for Christopher A. Gomez to Appear Pro Hac Vice. Signed by Kirk L. Davies on 11/8/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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Filing 40
ORDER granting #38 Motion for Lee B. Balefsky to Appear Pro Hac Vice. Signed by Kirk L. Davies on 11/8/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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| Filing 39 MOTION for attorney Christopher A. Gomez to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3027482) by James Carver, Virginia Carver. (Attachments: #1 Attachment Proposed Order, #2 Exhibit A)(Gomez, Christopher) |
| Filing 38 MOTION for attorney Lee B. Balefsky to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3027291) by James Carver, Virginia Carver. (Attachments: #1 Exhibit A)(Balefsky, Lee) |
| Filing 37 NOTICE of Initial Case Management Conference set for 1/13/2020 at 11:30 AM in Courtroom 774 before Magistrate Judge Alistair Newbern. (jm) |
| Filing 36 NOTICE of Appearance by Anita K. Modak-Truran on behalf of Ethicon Inc., Johnson & Johnson (Modak-Truran, Anita) |
| Filing 35 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (jm) |
| Filing 34 NOTICE of Business Entity Disclosure Statement filing requirement. (jm) |
| PA State Bar status verified as active for Christopher A. Gomez, Michelle L. Tiger, and Lee B. Balefsky; WV State Bar status verified as active for David B. Thomas and Susan M. Robinson; MS State Bar status verified as active for Christy D. Jones, Kari L. Sutherland, William M. Gage and Ashley Nader Stubbs; AL State Bar status verified as active for James C. Barton, Jr. (jm) |
| NOTICE TO COUNSEL Christopher A. Gomez, Michelle L. Tiger, Lee B. Balefsky, David B. Thomas, Christy D. Jones, Kari L. Sutherland, William M. Gage, James C. Barton, Jr, Ashley Nader Stubbs, and 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 11/29/2019. (jm) |
| NOTICE TO COUNSEL Christopher A. Gomez, Michelle L. Tiger, Lee B. Balefsky, Anita K. Modak-Truran, David B. Thomas, Christy D. Jones, Kari L. Sutherland, William M. Gage, James C. Barton, Jr, Ashley Nader Stubbs, and Susan M. Robinson: 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 11/29/2019. (jm) |
| Filing 33 Case transferred in from the District of West Virginia Southern; Case Number 2:13-cv-05122. Original file certified copy of transfer order and docket sheet received. Modified date filed on 11/1/2019 (jm). |
| Filing 32 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 2949-Plaintiffs Memorandum in Opposition to Defendants Motion to Exclude Peggy Pence, PH.D., #2 3767-Plaintiffs Opposition to Defendants Motion to Exclude the Opinions and Testimony of Prof. Dr. Med. Uwe Klinge pt 1, #3 3767-Plaintiffs Opposition to Defendants Motion to Exclude the Opinions and Testimony of Prof. Dr. Med. Uwe Klinge pt 2, #4 3767-Plaintiffs Opposition to Defendants Motion to Exclude the Opinions and Testimony of Prof. Dr. Med. Uwe Klinge pt 3, #5 3767-Plaintiffs Opposition to Defendants Motion to Exclude the Opinions and Testimony of Prof. Dr. Med. Uwe Klinge pt 4, #6 5482-Plaintiffs Memorandum in Opposition to Defendants Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #7 7045-Plaintiffs Opposition to Defendants Motion To Exclude The Opinions And Testimony Of Dr. Vladimir Iakovlev)(Balefsky, Lee) [Transferred from West Virginia Southern on 11/1/2019.] |
| Filing 31 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 (7038) NOTICE OF ADOPTION OF PRIOR DAUBERT MOTION AND OPPOSITION TO MOTION TO EXCLUDE VLADIMIR IAKOLEV MD, #2 (7045) Plaintiffs' Opposition to Defense Motion to Exclude Opinions and Testimony of Dr. Vladimir Iakolev, #3 (7085) Plaintiff's Amended Adoption of Prior Daubert Response and Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev for Wave 8, #4 (7183) REPLY in Further Support of Plaintiffs Motion to Exclude Certain Opinions of Vladimir Iakolov, MD, #5 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part1, #6 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part2, #7 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part3, #8 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part4, #9 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part5, #10 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part6, #11 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part7, #12 (3630) MEMO In Support of Motion to Limit Testimony of Prof. Dr. Med. Uwe Klinge, #13 (3767) Plaintiffs' Response in Opposition to D Motion to Exclude Dr. Klinge, #14 (3855) REPLY IN SUPPORT of Motion to Limit the Testimony of Prof. Dr. Med. Uwe Klinge by Ethicon, #15 (6648) NOTICE of Adoption of Ethicons Motion to Exclude the Opinions and Testimony of Prof. Dr. Med. Uwe Klinge Filed in Wave 4, #16 (6833) Amended Notice of Adoption to Exclude Testimony of Uwe Klinge, #17 (6926) NOTICE of Adoption of Prior Daubert Response of Prof. Dr. Med. Uwe Klinge for Wave 8, #18 (7123) NOTICE of Adoption of Prior Daubert Reply re Dr. Klinge, #19 (2759) Defendants Motion to Exclude Peggy Pence, PH.D., #20 (2760) Defendants Johnson & Johnson and Ethicon Memo in Support of Motion to Exclude Peggy Pence, PH.D., #21 (2949) MEMO by ALL Plaintiffs in Opposition to Defendants Motion to Exclude Peggy Pence, Ph.D., #22 (3017) REPLY by Ethicon in Support of Motion to Exclude Peggy Pence, PH.D., #23 (6821) NOTICE of Adoption of Prior Daubert Motion to Exclude Peggy Pence, Ph.D., for Ethicon Wave 8, #24 (6958) NOTICE of Adoption of Prior Daubert Response of Peggy Pence, Ph.D. for Wave 8, #25 (7177) NOTICE of Adoption of Prior Reply in Support of Daubert Motion to Exclude Peggy Pence, Ph.D., for Ethicon Wave 8, #26 (2817) D Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #27 (2818) Memo in Support of Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #28 (2931) Plaintiffs memo in opposition to motion to exclude Dr. Rosenzweig, #29 (5332) MOTION to Exclude Certain General Opinions of Bruce Rosenzweig, M.D. (Wave 7), #30 (5333) MEMO by Ethicon in support of MOTION to Exclude Certain General Opinions of Bruce Rosenzweig, M.D. (Wave 7), #31 (5482) MEMO by All Plaintiffs in opposition to MOTION to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #32 (5548) REPLY by Ethicon to Memo In Opposition, #33 (6852) Adoption of Rosenzweig WAVE 8, #34 (6960) - Notice of Adoption of Prior Daubert Response of Bruce Rosenzweig)(Balefsky, Lee) [Transferred from West Virginia Southern on 11/1/2019.] |
| Filing 30 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 (238) First Amended Master Long Form Complaint and Jury Demand (Pelvic), #2 (239) MASTER ANSWER AND JURY DEMAND OF DEFENDANT ETHICON, INC. TO FIRST AMENDED MASTER COMPLAINT, #3 (241) MASTER ANSWER AND JURY DEMAND OF DEFENDANT JOHNSON & JOHNSON TO FIRST AMENDED MASTER COMPLAINT, #4 (262) Short Form Complaint, #5 (0263) Amended Short Form Complaint, #6 (3619) MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev_Part1, #7 (3619) MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev_Part2, #8 (3619) MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev_Part3, #9 (3619) MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev_Part4, #10 (3621) MEMORANDUM in Support of Motion to Exclude Testimony of Dr. Vladimir Iakovlev, #11 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part1, #12 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part2, #13 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part3, #14 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part4, #15 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part5, #16 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part6, #17 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part7, #18 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part8, #19 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part9, #20 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part10, #21 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part11, #22 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part12, #23 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part13, #24 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part14, #25 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part15, #26 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part16, #27 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part17, #28 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part18, #29 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part19, #30 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part20, #31 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part21, #32 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part22, #33 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part23, #34 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part24, #35 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part25, #36 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part26, #37 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part27, #38 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part28, #39 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part29, #40 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part30, #41 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part31, #42 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part32, #43 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part33, #44 (3865) REPLY IN SUPPORT of Motion to Exclude the Opinions & Testimony of Vladimir Iakovlev, MD. by Ethicon, #45 (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part1, #46 (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part2, #47 (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part3, #48 (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part4, #49 (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part5, #50 (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part6, #51 (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part7, #52 (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part8, #53 (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part9, #54 (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part10)(Balefsky, Lee) [Transferred from West Virginia Southern on 11/1/2019.] |
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Filing 29
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 11/1/2019.]
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Filing 28
ORDER granting #22 NOTICE OF VOLUNTARY DISMISSAL With Prejudice by James Carver, Virginia Carver pursuant to Rule 41, Federal Rules of Civil Procedure; Ethicon, LLC is dismissed with prejudice. Signed by Judge Joseph R. Goodwin on 5/14/2019. (cc: attys; any unrepresented party) (mek) [Transferred from West Virginia Southern on 11/1/2019.]
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| Filing 27 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 11/1/2019.] |
| Filing 26 RESPONSE TO ORDER TO SHOW CAUSE by James Carver, Virginia Carver (Balefsky, Lee) [Transferred from West Virginia Southern on 11/1/2019.] |
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Filing 25
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 11/1/2019.]
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Filing 24
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 11/1/2019.]
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| Filing 23 RESPONSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to #22 Notice of Voluntary Dismissal. (Robinson, Susan) [Transferred from West Virginia Southern on 11/1/2019.] |
| Filing 22 NOTICE OF VOLUNTARY DISMISSAL With Prejudice by James Carver, Virginia Carver pursuant to Rule 41, Federal Rules of Civil Procedure (Balefsky, Lee) [Transferred from West Virginia Southern on 11/1/2019.] |
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Filing 20
ORDER The #19 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss for Failure to Comply With PTO 280 or Alternatively for Plaintiffs to Show Cause for Failure to Comply With PTO 280 or for Alternative Relief, Request for Expedited Briefing is DENIED as moot. Signed by Judge Joseph R. Goodwin on 6/14/2018. (cc: counsel of record; any unrepresented party) (REF: Cases Listed on Appendix A & B) (brn) [Transferred from West Virginia Southern on 11/1/2019.]
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Filing 21
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) (pma) [Transferred from West Virginia Southern on 11/1/2019.]
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| Filing 19 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss for Failure to Comply With PTO 280 or Alternatively for Plaintiffs to Show Cause for Failure to Comply With PTO 280 or for Alternative Relief, Request for Expedited Briefing and Supporting Memorandum (Gage, William) [Transferred from West Virginia Southern on 11/1/2019.] |
| Filing 18 NOTICE of Filing Subpoena to Dr. Alan R. Bennett by Ethicon, Inc., Johnson & Johnson re: #17 Notice to Take or Amend Deposition (Barton, James) [Transferred from West Virginia Southern on 11/1/2019.] |
| Filing 17 AMENDED NOTICE OF VIDEOTAPED DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Alan R. Bennett on 7/5/2018 at 1:00 p.m. CDT (Barton, James) [Transferred from West Virginia Southern on 11/1/2019.] |
| Filing 16 CERTIFICATE OF SERVICE by James Carver, Virginia Carver for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Balefsky, Lee) [Transferred from West Virginia Southern on 11/1/2019.] |
| Filing 15 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for First Set of Interrogatories, Requests for Admission and Requests for Production. (Barton, James) [Transferred from West Virginia Southern on 11/1/2019.] |
| Filing 14 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Virginia Carver on 6/29/2018 at 9:00 a.m. EST (Stubbs, Ashley) [Transferred from West Virginia Southern on 11/1/2019.] |
| Filing 13 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Ashley Nader Stubbs on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Stubbs, Ashley) [Transferred from West Virginia Southern on 11/1/2019.] |
| Filing 12 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by James C. Barton, Jr on behalf of Ethicon, Inc., Johnson & Johnson. (Barton, James) [Transferred from West Virginia Southern on 11/1/2019.] |
| Filing 10 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. R. Alan Bennett on 4/30/2018 at 9:00 a.m. (Gage, William) [Transferred from West Virginia Southern on 11/1/2019.] |
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Filing 11
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 11/1/2019.]
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| Filing 9 PLAINTIFF PROFILE FORM filed by James Carver, Virginia Carver. (Gomez, Christopher) [Transferred from West Virginia Southern on 11/1/2019.] |
| Filing 8 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 11/1/2019.] |
| Filing 7 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 11/1/2019.] |
| Filing 6 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 11/1/2019.] |
| Filing 5 SUMMONS RETURNED EXECUTED for Ethicon, LLC, Ethicon, LLC served on 4/1/2013, answer due 4/22/2013. (Balefsky, Lee) [Transferred from West Virginia Southern on 11/1/2019.] |
| Filing 4 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 11/1/2019.] |
| Filing 3 TRANSMITTED PRETRIAL ORDER # 40 (Plaintiff Fact Sheet) entered on 03/06/2013 in MDL 2327 to attorneys in member case. (Attachment: #1 Plaintiff Fact Sheet) (jap) [Transferred from West Virginia Southern on 11/1/2019.] |
| Filing 2 ELECTRONIC SUMMONS ISSUED as to 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 11/1/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2280915. (Attachment: #1 Civil Cover Sheet) (mmw) [Transferred from West Virginia Southern on 11/1/2019.] |
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