Forrest v. Ethicon, Inc. et al
| Lisa Ann Forrest |
| Ethicon Inc., Johnson & Johnson and Ethicon LLC |
| 3:2020cv00024 |
| January 9, 2020 |
| US District Court for the Middle District of Tennessee |
| Waverly D Crenshaw |
| Alistair Newbern |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 6, 2020. A more recent docket listing may be available from PACER.
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| Filing 68 MOTION for Leave to to Appear Telephonically Unopposed by Lisa Ann Forrest. (Attachments: #1 Attachment Proposed Order)(Gomez, Christopher) |
| TN State Bar status verified as active for Daniel L. Clayton. (dt) |
| NOTICE TO FILER re DE#67 : 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. (dt) |
| Filing 67 NOTICE of Appearance by Daniel L. Clayton on behalf of Lisa Ann Forrest (Clayton, Daniel) |
| TN State Bar status verified as active for Anita K. Modak-Truran. (dt) |
Filing 66
ORDER granting #58 Motion to Withdraw as Attorney. Attorney Melissa A. Merk terminated. Signed by Magistrate Judge Alistair Newbern on 2/11/2020. (dt)
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Filing 65
ORDER granting #59 Motion to Withdraw as Attorney. Attorney Molly E. Flynn terminated. Signed by Magistrate Judge Alistair Newbern on 2/11/2020. (dt)
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Filing 64
ORDER granting #60 Motion to Withdraw as Attorney. Attorney Eileen Marie Somers terminated. Signed by Magistrate Judge Alistair Newbern on 2/11/2020. (dt) Modified on 2/11/2020 (dt).
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Filing 63
ORDER granting #54 Motion to Withdraw as Attorney. Attorney David B. Thomas terminated. Signed by Magistrate Judge Alistair Newbern on 2/11/2020. (dt)
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Filing 62
ORDER granting #55 Motion to Withdraw as Attorney. Attorney Susan M. Robinson terminated. Signed by Magistrate Judge Alistair Newbern on 2/11/2020. (dt)
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Filing 61
ORDER granting #56 Motion to Withdraw as Attorney. Attorney Christian Elizabeth Piccolo terminated. Signed by Magistrate Judge Alistair Newbern on 2/11/2020. (dt)
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| Filing 60 Amended MOTION to Withdraw as Attorney of Eileen Somers by Ethicon Inc., Johnson & Johnson. (Attachments: #1 Exhibit A_ Consent for Withdrawal of Counsel of Record)(Modak-Truran, Anita) |
| Filing 59 MOTION to Withdraw as Attorney of Molly Flynn by Ethicon Inc., Johnson & Johnson. (Attachments: #1 Exhibit A_Consent for Withdrawal of Counsel of Record)(Modak-Truran, Anita) |
| Filing 58 MOTION to Withdraw as Attorney of Melisa Merk by Ethicon Inc., Johnson & Johnson. (Attachments: #1 Exhibit A_Consent for Withdrawal of Counsel of Record)(Modak-Truran, Anita) |
| Filing 57 (DISREGARD - ATTORNEY FILED INCORRECT PDF - MOTION REFILED AT DE#60 ) MOTION to Withdraw as Attorney of Eileen Somers by Ethicon Inc., Johnson & Johnson. (Attachments: #1 Exhibit A_Consent for Withdrawal of Counsel of Record)(Modak-Truran, Anita) Modified on 2/13/2020 (dt). |
| Filing 56 MOTION to Withdraw as Attorney of Christian E. Piccolo by Ethicon Inc., Johnson & Johnson. (Attachments: #1 Exhibit A_Consent for Withdrawl of Counsel of Record)(Modak-Truran, Anita) |
| Filing 55 MOTION to Withdraw as Attorney of Susan M. Robinson by Ethicon Inc., Johnson & Johnson. (Attachments: #1 Exhibit A_Consent to Withdraw as Attorrney)(Modak-Truran, Anita) |
| Filing 54 MOTION to Withdraw as Attorney of David B. Thomas by Ethicon Inc., Johnson & Johnson. (Attachments: #1 Exhibit A_Consent for Withdrawal of Counsel of Record)(Modak-Truran, Anita) |
| Filing 53 NOTICE of Appearance by Anita K. Modak-Truran on behalf of Ethicon Inc., Johnson & Johnson (Attachments: #1 Attachment Certificate of Service)(Modak-Truran, Anita) |
| TN State Bar status verified as active for Kari L. Sutherland. (dt) |
| Filing 52 NOTICE by Ethicon Inc., Johnson & Johnson of Withdrawal of William Gage (Modak-Truran, Anita) |
| Filing 51 NOTICE by Ethicon Inc., Johnson & Johnson of Withdrawal of Christy Jones (Modak-Truran, Anita) |
| Filing 50 NOTICE of Appearance by Kari L. Sutherland on behalf of Ethicon Inc., Johnson & Johnson (Sutherland, Kari) |
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Filing 49
ORDER granting #24 Motion for Partial Summary Judgment. Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/29/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 48
ORDER granting #39 Motion for Christopher A. Gomez to Appear Pro Hac Vice. Signed by Kirk L. Davies on 1/29/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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Filing 47
ORDER granting #38 Motion for Lee B. Balefsky to Appear Pro Hac Vice. Signed by Kirk L. Davies on 1/29/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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| NOTICE TO FILER re DE#42 , #44 , #45 and #46 : 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. (dt) |
| TN State Bar status verified as active for Randall L. Kinnard and Mary Ellen Morris. (dt) |
| Filing 46 NOTICE of Appearance by Mary Ellen Morris on behalf of Lisa Ann Forrest (Morris, Mary) |
| Filing 45 NOTICE of Appearance by Randall L. Kinnard on behalf of Lisa Ann Forrest (Kinnard, Randall) |
| Filing 44 CERTIFICATE Conformed Certificate of Service filed by Lisa Ann Forrest re #39 MOTION for attorney Christopher A. Gomez to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3073054) filed by Lisa Ann Forrest. (Gomez, Christopher) |
| Filing 43 NOTICE of Initial Case Management Conference set for 3/23/2020 at 11:30 AM in Courtroom 774 before Magistrate Judge Alistair Newbern. (dt) |
| Filing 42 CERTIFICATE Conformed Certificate of Service filed by Lisa Ann Forrest re #38 MOTION for attorney Lee B. Balefsky to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3073041) filed by Lisa Ann Forrest. (Balefsky, Lee) |
| Filing 41 NOTICE of Business Entity Disclosure Statement filing requirement. (dt) |
| Filing 40 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt) |
| 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 these documents. (dt) |
| NOTICE TO COUNSEL David B. Thomas, Melissa A. Merk, Susan M. Robinson, William M. Gage, Christy D. Jones, Christian Elizabeth Piccolo, Eileen Marie Somers, Kari L. Sutherland, Molly E. Flynn, Michelle L. Tiger, Priscilla E. Jimenez and Thomas Kline: 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 2/18/2020. (dt) |
| PA State Bar status verified as active for Christopher A. Gomez, Lee B. Balefsky, Michelle L. Tiger, Priscilla E. Jimenez, Thomas Kline, Christian Elizabeth Piccolo, Eileen Marie Somers, Melissa A. Merk and Molly E. Flynn. WV State Bar status verified as active for David B. Thomas and Susan M. Robinson. MS State Bar status verified as active for William M. Gage, Christy D. Jones, Kari L. Sutherland. TN State Bar status verified as active for Anita K. Modak-Truran. (dt) |
| Filing 39 MOTION for attorney Christopher A. Gomez to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3073054) by Lisa Ann Forrest. (Attachments: #1 Attachment 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 0650-3073041) by Lisa Ann Forrest. (Attachments: #1 Attachment Order, #2 Exhibit A)(Balefsky, Lee) |
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Filing 37
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01. Lead counsel for the parties shall attend the initial case management conference. Per the Transfer Order from the Southern District of West Virginia ( #31 ), discovery in this action is closed. 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.)(gb)
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| Filing 36 NOTICE of Appearance by Anita K. Modak-Truran on behalf of Ethicon Inc., Johnson & Johnson (Attachments: #1 Attachment Certificate of Service)(Modak-Truran, Anita) |
| Filing 35 Case transferred in from the District of West Virginia Southern; Case Number 2:13-cv-10033. Original file certified copy of transfer order and docket sheet received. |
| Filing 34 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 6820 - Notice of Adoption, #2 Exhibit ECF 6969 - Notice of Adoption, #3 Exhibit ECF 7099 - Notice of Adoption, #4 Exhibit ECF 2039 - Motion to Exclude Shelby Thames, #5 Exhibit ECF 2042 - Memorandum in Support of Motion to Exclude Dr. Shelby Thames, #6 Exhibit ECF 2187 - Response in Opposition to Motion to Exclude, #7 Exhibit ECF 2247 - Reply in Support of Motion to Exclude, #8 Exhibit ECF 2455 Part 1 - Motion to Exclude, #9 Exhibit ECF 2455 Part 2 - Motion to Exclude, #10 Exhibit ECF 2458 - Memorandum in Support of Motion to Exclude, #11 Exhibit ECF 2553 Part 1 - Response in Opposition to Motion to Exclude, #12 Exhibit ECF 2553 Part 2 - Response in Opposition to Motion to Exclude, #13 Exhibit ECF 2553 Part 3 - Response in Opposition to Motion to Exclude, #14 Exhibit ECF 2621 - Reply in Support of Motion to Exclude, #15 Exhibit ECF 2839 Part 1 - Motion to Exclude, #16 Exhibit ECF 2839 Part 2 - Motion to Exclude, #17 Exhibit ECF 2841 - Memorandum of Law in Support of Motion to Exclude, #18 Exhibit ECF 2957 - Response in Opposition, #19 Exhibit ECF 3037 - Reply in Support of Motion to Exclude, #20 Exhibit ECF 6857 - Notice of Adoption, #21 Exhibit ECF 6972 - Notice of Adoption, #22 Exhibit ECF 7113 - Notice of Adoption, #23 Exhibit ECF 2060 - Motion to Exclude, #24 Exhibit ECF 2065 - Memorandum in Support of Motion to Exclude, #25 Exhibit ECF 2134 - Response in Opposition to Motion to Exclude, #26 Exhibit ECF 2232 - Reply in Support of Motion to Exclude, #27 Exhibit ECF 2910 - Supplemental Response and Notice of Adoption, #28 Exhibit ECF 6860 - Notice of Adoption, #29 Exhibit ECF 6965 - Notice of Adoption, #30 Exhibit ECF 7143 - Notice of Adoption)(Gage, William) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 33 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 6648 - Notice of Adoption, #2 Exhibit ECF 6833 - Amended Notice of Adoption, #3 Exhibit ECF 6926 - Notice of Adoption, #4 Exhibit ECF 7123 - Notice of Adoption, #5 Exhibit ECF 2814 - Motion to Exclude, #6 Exhibit ECF 2816 - Memorandum in Support, #7 Exhibit ECF 2950 - Response to Motion to Exclude Testimony, #8 Exhibit ECF 3011 - Reply in Support of Motion to Exclude, #9 Exhibit ECF 6825 - Notice of Adoption, #10 Exhibit ECF 6957 - Notice of Adoption, #11 Exhibit ECF 7179 - Reply in Support of Notice of Adoption, #12 Exhibit ECF 2759 - Motion to Exclude, #13 Exhibit ECF 2760 - Memorandum in Support, #14 Exhibit ECF 2949 - Response in Opposition to Motion to Exclude, #15 Exhibit ECF 3017 - Reply in Support of Motion to Exclude, #16 Exhibit ECF 6821 - Notice of Adoption, #17 Exhibit ECF 6958 - Notice of Adoption of Daubert Response, #18 Exhibit ECF 7177 - Notice of Adoption, #19 Exhibit ECF 6786 - Daubert Motion to Preclude of Limit the Opinions, #20 Exhibit ECF 6877 - Memorandum of Law in Support of Motion, #21 Exhibit ECF 7020 Part 1 - Opposition of Motion to Limit Opinions and Testimony, #22 Exhibit ECF 7020 Part 2 - Opposition of Motion to Limit Opinions and Testimony, #23 Exhibit ECF 2076 - Daubert Motion to Exclude, #24 Exhibit ECF 2098 - Memorandum of Law in Support of Motion to Exclude, #25 Exhibit ECF 2140 - Response in Opposition to Motion to Exclude)(Gage, William) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 32 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 238 - First Amended Complaint, #2 Exhibit ECF 239 - Ethicon, Inc.'s Answer to Complaint, #3 Exhibit ECF 241 - Johnson & Johnson's Answer to Complaint, #4 Exhibit ECF 262 - Complaint, #5 Exhibit ECF 263 - Amended Complaint, #6 Exhibit ECF 3619 Part 1 - Motion to Exclude, #7 Exhibit ECF 3619 Part 2 - Motion to Exclude, #8 Exhibit ECF 3621 - Memorandum in Support of Motion to Exclude, #9 Exhibit ECF 3790 Part 1 - Response in Opposition, #10 Exhibit ECF 3790 Part 2 - Response in Opposition, #11 Exhibit ECF 3790 Part 3 - Response in Opposition, #12 Exhibit ECF 3865 - Reply in Support of Motion to Exclude, #13 Exhibit ECF 6874 Part 1 - Motion to Exclude, #14 Exhibit ECF 6874 Part 2 - Motion to Exclude, #15 Exhibit ECF 6874 Part 3 - Motion to Exclude, #16 Exhibit ECF 6875 - Memorandum in Support of Motion to Exclude, #17 Exhibit ECF 7038 - Notice of Adoption, #18 Exhibit ECF 7045 - Plaintiffs' Opposition to Motion to Exclude, #19 Exhibit ECF 7085 - Amended Adoption of Daubert Response, #20 Exhibit ECF 7183 - Reply in Support of Motion to Exclude, #21 Exhibit ECF 3626 Part 1 - Motion to Limit Testimony, #22 Exhibit ECF 3626 Part 2 - Motion to Limit Testimony, #23 Exhibit ECF 3630 - Memorandum in Support, #24 Exhibit ECF 3767 Part 1 - Response in Opposition, #25 Exhibit ECF 3767 Part 2 - Response in Opposition, #26 Exhibit ECF 3767 Part 3 - Response in Opposition, #27 Exhibit ECF 3767 Part 4 - Response in Opposition)(Gage, William) (Modified on 12/31/2019 to add party filer) (mk). [Transferred from West Virginia Southern on 1/10/2020.] |
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Filing 31
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 1/09/2020 the cases identified on Exhibit A that are still pending shall be transferred to the United States District Courts identified on Exhibit A pursuant to 28 U.S.C. 1404(a); on or before 1/08/2020 the parties are DIRECTED to confer and to file in each pending individual member case identified in Exhibit A, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the Clerk is DIRECTED to use the appropriate function in CM/ECF to extract each member case listed on Exhibit A that remains pending and transfer it to the corresponding United States District Court listed on Exhibit A; after transfer of each member case listed in Exhibit A that is not dismissed prior to the Transfer Date, the Clerk is DIRECTED to formally close the case and strike it from the docket of this court. Signed by Judge Joseph R. Goodwin on 12/19/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 1/10/2020.]
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| Filing 30 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.] |
| Filing 29 RESPONSE TO ORDER TO SHOW CAUSE by Lisa Ann Forrest (Balefsky, Lee) [Transferred from West Virginia Southern on 1/10/2020.] |
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Filing 28
SHOW CAUSE ORDER directing that plaintiffs' leadership and counsel for ALL defendants named in cases on Exhibit 1 are directed to show cause in writing why they should not be sanctioned for failing to comply with the Order entered in MDL 2327 at ECF #7710 by Wednesday 4/24/2019; any filing must be made in the individual cases on Exhibit 1; the court will schedule a hearing at a later date. Signed by Judge Joseph R. Goodwin on 4/10/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit 1) (mwk) (ADI) [Transferred from West Virginia Southern on 1/10/2020.]
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Filing 27
ORDER The court ORDERS that by 4/8/2019 plaintiffs' leadership and counsel for ALL defendants with cases identified on Exhibit A attached hereto are directed to go to the court's website at https://www.wvsd.uscourts.gov/MDL/ethicon/forms.html, complete and jointly submit one copy of the Transfer/Remand Information Spreadsheet in Excel format as found on the court's website to the court at WVSDml_MDL_Transfers@wvsd.uscourts.gov; the parties shall use the Transfer/Remand Information Spreadsheet on the court's website, as it is already partially completed; if the court's docket sheet for any case on Exhibit A indicates that the case has closed prior to or after the entry of this order, the parties are directed to so indicate on the Transfer/Remand Information Spreadsheet and need not complete the requested information on the Spreadsheet; the court cautions that many of these cases name other MDL defendants in addition to the Ethicon defendants; the court expects any necessary coordination from all defendants remaining in the cases on Exhibit A. Signed by Judge Joseph R. Goodwin on 3/26/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (sak) (ADI) [Transferred from West Virginia Southern on 1/10/2020.]
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| Filing 26 RESPONSE by Lisa Ann Forrest in opposition to #24 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Balefsky, Lee) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 25 MEMORANDUM OF LAW by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in support of #24 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Merk, Melissa) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 24 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Merk, Melissa) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 23 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Linda Hyslip on October 3, 2018 at 9:00 a.m (Merk, Melissa) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 22 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Defendant's Non-Retained Expert Disclosures. (Gage, William) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 21 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Eileen Marie Somers on behalf of Ethicon, Inc., Johnson & Johnson. (Somers, Eileen) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 20 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Lisa Ann Forrest on August 20, 2018 at 9:00 AM (Merk, Melissa) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 19 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Molly E. Flynn on behalf of Ethicon, Inc., Johnson & Johnson. (Flynn, Molly) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 18 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Daniel Biller, M.D. on August 9, 2018 at 1:00 p.m. (Merk, Melissa) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 17 RESPONSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to #16 Notice of Voluntary Dismissal. (Robinson, Susan) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 16 NOTICE OF VOLUNTARY DISMISSAL With Prejudice by Lisa Ann Forrest pursuant to Rule 41, Federal Rules of Civil Procedure (Balefsky, Lee) [Transferred from West Virginia Southern on 1/10/2020.] |
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Filing 15
PRETRIAL ORDER # 303 (Amended Docket Control Order - Ethicon, Inc. Wave 8 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 280. The parties are advised that while this order will be entered in the individual cases in the coming days, it is effective as of the day it was entered in the main MDL. The following deadlines immediately apply in all Wave 8 cases: Plaintiff Fact Sheets due by 03/19/2018; Defendant Fact Sheets due by 04/19/2018; Deadline for written discovery requests due by 05/18/2018; Expert disclosures served by plaintiffs pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 07/13/2018; Expert disclosure served by defendants pursuant to Fed R. Civ P. 26 as limited by 3.a. of this order due by 08/13/2018; Expert disclosure served for rebuttal pursuant to Fed R. Civ. P. 26 as limited by 3.a. of this order due by 08/20/2018; Deposition deadline and close of discovery due by 10/04/2018; Filing of Dispositive Motions due by 10/18/2018; Response to Dispositive Motions due by 10/25/2018; Reply to response to Dispositive motions due by 11/01/2018; Filing of Daubert motions due by 10/18/2018; Responses to Daubert motions due by 10/25/2018; and Reply to response to Daubert motions due by 11/01/2018. Signed by Judge Joseph R. Goodwin on 6/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases) (kab) (ADI) [Transferred from West Virginia Southern on 1/10/2020.]
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| Filing 14 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christian Elizabeth Piccolo on behalf of Ethicon, Inc., Johnson & Johnson. (Piccolo, Christian) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 13 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Lisa Ann Forrest on June 8, 2018 at 2:00 p.m. (Merk, Melissa) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 12 CERTIFICATE OF SERVICE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for First of Interrogatories, Requests for Admissions and Requests for Production to Plaintiff. (Merk, Melissa) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 11 NOTICE OF WITHDRAWAL OF NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson re: #9 Notice of Videotaped Deposition. (Gage, William) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 9 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Daniel Biller on 5/25/2018 at 9:00 a.m. (Thomas, David) [Transferred from West Virginia Southern on 1/10/2020.] |
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Filing 10
PRETRIAL ORDER # 280 (Docket Control Order - Ethicon, Inc. Wave 8 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING ETHICON, INC. CASES. The court ORDERS that this Docket Control Order be filed in the main MDL and, as of the time of that filing in every case listed on Exhibit A (hereinafter "Wave 8 cases") becomes subject to the deadlines in this Docket Control Order. For any cases in the Ethicon, Inc. MDL with a Covidien Wave 1 flag, the stay on the flagged Covidien Wave 1 cases is lifted and the Covidien Wave 1 cases in the Ethicon MDL are incorporated in the Ethicon, Inc., Wave 8 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 8 cases: A. Scheduling Deadlines. Plaintiff Fact Sheets due by 3/19/2018, Defendant Fact Sheets due by 4/19/2018, Deadline for written discovery requests due by 5/18/2018, Expert disclosure by plaintiffs due by 6/04/2018, Expert disclosure by defendants due by 7/05/2018, Expert disclosure for rebuttal purposes due by 7/23/2018, Deposition deadline and close of discovery due by 9/04/2018, Deadline to file list of general causation experts in each individual Wave 8 case due by 9/11/2018, Filing of Dispositive Motions due by 9/21/2018, Response to Dispositive Motions due by 10/05/2018, Reply to response to dispositive motions due by 10/12/2018, Filing of Daubert motions due by 10/05/2018, Responses to Daubert motions due by 10/19/2018, and Reply to response to Daubert motions due by 10/26/2018. B.4. Confidential Documents. In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 8/10/2018, and any response is due by 8/24/2018. Any reply is due by 8/31/2018. C.1. Venue Recommendations. By no later than 8/27/2018 the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties are ORDERED to submit joint venue recommendations to the court by 9/03/2018. Additional directives are set forth herein. Signed by Judge Joseph R. Goodwin on 1/30/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases Listed on Exhibit A) (kp) (ADI) [Transferred from West Virginia Southern on 1/10/2020.]
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| Filing 8 PLAINTIFF PROFILE FORM filed by Lisa Ann Forrest. (Jimenez, Priscilla) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 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 1/10/2020.] |
| Filing 3 TRANSMITTED PRETRIAL ORDER # 45 (Preservation Order) entered on 04/25/2013 in MDL 2327 to attorneys in member case. (jap) [Transferred from West Virginia Southern on 1/10/2020.] |
| 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 1/10/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2391301. (Attachment: #1 Civil Cover Sheet) (mmw) [Transferred from West Virginia Southern on 1/10/2020.] |
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