Emerick et al v. Ethicon, Inc. et al
| Phillip Emerick and Glenda Emerick |
| Boston Scientific Corporation, American Medical Systems, Inc., Johnson & Johnson, ETHICON, LLC, Ethicon, Inc., C. R. Bard, Inc and Tissue Science Laboratories Limited |
| 2:2020cv02065 |
| January 28, 2020 |
| US District Court for the Western District of Tennessee |
| Sheryl H Lipman |
| Tu M Pham |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 9, 2020. A more recent docket listing may be available from PACER.
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| Filing 74 Mail Returned as Undeliverable. Mail sent to James Keale. (Attachments: #1 Envelope) (jld) |
| Filing 73 Mail Returned as Undeliverable. Mail sent to William Gage. (Attachments: #1 Envelope) (jld) |
| Filing 72 Mail Returned as Undeliverable. Mail sent to William Gage. (Attachments: #1 Envelope) (jld) |
| Filing 71 *NOTICE CANCELLING HEARINGS * (TEXT ONLY - NO IMAGE ASSOCIATED WITH THIS ENTRY) - The parties are hereby notified that the Status Conference currently set for Thursday, February 13, 2020 at 11:30 AM has been CANCELLED.(smm) |
| Filing 70 JUDGMENT. Signed by Judge Sheryl H. Lipman on 2/10/20. (Lipman, Sheryl) |
| Filing 69 STIPULATION of Dismissal with Prejudice by Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) |
Filing 68
ORDER granting #64 Motion for Leave to Appear Pro Hac Vice. [**TEXT ORDER ONLY--NO IMAGE ATTACHED.**] Signed by Judge Sheryl H. Lipman on 2/5/20. (Lipman, Sheryl)
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Filing 67
ORDER granting #63 Motion for Leave to Appear Pro Hac Vice. [**TEXT ORDER ONLY--NO IMAGE ATTACHED.**] Signed by Judge Sheryl H. Lipman on 2/5/20. (Lipman, Sheryl)
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| Filing 66 NOTICE of Appearance by Amy Pepke on behalf of Ethicon, Inc., Johnson & Johnson (Pepke, Amy) |
| Filing 65 NOTICE of Appearance by Susanna Moore Moldoveanu on behalf of Ethicon, Inc., Johnson & Johnson (Moldoveanu, Susanna) |
| Filing 64 MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Fee paid as part of previous filing) by Glenda Emerick, Phillip Emerick. (Attachments: #1 Exhibit A - Certficate of Good Standing, #2 Exhibit B - Certificate of Good Standing)(Balefsky, Lee) |
| Filing 63 MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Fee paid as part of previous filing) by Glenda Emerick, Phillip Emerick. (Attachments: #1 Exhibit A - Certficate of Good Standing, #2 Exhibit B - Certificate of Good Standing)(Gomez, Christopher) |
| Filing 62 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #61 MOTION for Leave to Appear Pro Hac Vice filed by Phillip Emerick, Glenda Emerick, #60 MOTION for Leave to Appear Pro Hac filed by Phillip Emerick, Glenda Emerick has been filed. However, the following deficiency has been found: : Filers must submit TWO certificates of good standing (preferably within the last 30 days) - one from the highest court in which you are licensed to practice and one from a federal court. SEE LOCAL RULE 83.4 for procedures. The proposed order should be emailed to chambers, not added as part of the submission. All documents submitted by counsel must contain electronic signature (s/attorney name).These two motions will be termed pending correct submission. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (jae) |
| Filing 61 MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Filing fee $ 150 receipt number ATNWDC-3271770) by Glenda Emerick, Phillip Emerick. (Attachments: #1 Exhibit A - Certficate of Good Standing)(Balefsky, Lee) |
| Filing 60 MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Filing fee $ 150 receipt number ATNWDC-3271731) by Glenda Emerick, Phillip Emerick. (Attachments: #1 Exhibit A - Certficate of Good Standing)(Gomez, Christopher) |
| Filing 59 MOTION to Withdraw as Attorney Proposed Order Submitted by Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) |
| Filing 58 SETTING LETTER: Status Conference set for Thursday, February 13, 2020 at 11:30 AM in Courtroom 1 - Memphis before Judge Sheryl H. Lipman. (smm) |
| Filing 57 Case transferred in from District of West Virginia Southern; Case Number 2:14-cv-16802. Original file certified copy of transfer order and docket sheet received. |
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Filing 56
ORDER granting #51 JOINT MOTION by Boston Scientific Corporation to Dismiss With Prejudice, Defendant Boston Scientific Corporation only is dismissed with prejudice, each party to bear its own costs. Signed by Judge Joseph R. Goodwin on 1/13/2020. (cc: attys; any unrepresented party) (st) [Transferred from West Virginia Southern on 1/28/2020.]
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| Filing 55 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 52 Continued, ECF # 2839 Part 1 - Plaintiffs' Daubert Motion to Exclude or Limit the Opinions and Testimony of Dr. Shelby Thames, #2 Exhibit ECF # 52 Continued, ECF # 2839 Part 2 - Plaintiffs' Daubert Motion to Exclude or Limit the Opinions and Testimony of Dr. Shelby Thames, #3 Exhibit ECF # 52 Continued, ECF # 2841 - Memorandum of Law in Support of Plaintiffs' Daubert Motion to Exclude of Limit the Opinions and Testimony of Dr. Shelby Thames, #4 Exhibit ECF # 52 Continued, ECF # 2957 - Response in Opposition to Plaintiffs' Motion to Exclude or Limit the Opinions and Testimony of Dr. Shelby Thames, #5 Exhibit ECF # 52 Continued, ECF # 3037 - Reply in Support of Plaintiffs' Motion to Exclude the Opinions of Dr. Shelby Thames, #6 Exhibit ECF # 52 Continued, ECF # 6857 - Notice of Adoption of Prior Daubert Motion, #7 Exhibit ECF # 52 Continued, ECF # 6972 - Notice of Adoption of Prior Daubert Response, #8 Exhibit ECF # 52 Continued, ECF # 7113 - Notice of Adoption of Prior Daubert Reply, #9 Exhibit ECF # 52 Continued, ECF # 2060 - Plaintiffs' Daubert Motion to Exclude the Opinions of FDA Expert Timothy Ulatowski, #10 Exhibit ECF # 52 Continued, ECF # 2065 - Plaintiffs' Memorandum in Support of Their Daubert Motion to Exclude the Opinions of FDA Expert Timothy Ulatowski, #11 Exhibit ECF # 52 Continued, ECF # 2134 - Response in Opposition to Motion to Exclude Timothy Ulatowski, #12 Exhibit ECF # 52 Continued, ECF # 2232 - Plaintiffs' Reply in Support of Their Daubert Motion to Exclude FDA Expert Timothy Ulatowski, #13 Exhibit ECF # 52 Continued, ECF # 2910 - Supplemental Response and Notice of Adoption of Prior Daubert Response Regarding Timothy Ulatowski, #14 Exhibit ECF # 52 Continued, ECF # 6860 - Supplemental Response and Notice of Adoption of Prior Daubert Response Regarding Timothy Ulatowski, #15 Exhibit ECF # 52 Continued, ECF # 6965 - Notice of Adoption of Prior Daubert Response, #16 Exhibit ECF # 52 Continued, ECF # 7143 - Notice of Adoption of Prior Daubert Reply)(Gage, William) (Modified on 1/13/2020 to add party filers)(slr). [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 54 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 52 Continues, ECF # 2045 - Memorandum in Support of Plaintiffs' Motion to Exclude or Limit the Opinions and Testimony of Dr. Nicolette Sigrid Horbach, #2 Exhibit ECF # 52 Continues, ECF # 2183 - Memorandum in Opposition to Plaintiffs' Motion to Exclude or Limit the Opinions and Testimony of Dr. Nicolette Sigrid Horbach, #3 Exhibit ECF # 52 Continues, ECF # 2235 - Plaintiffs' Reply Memorandum in Support of Plaintiffs' Motion to Exclude or Limit the Opinions and Testimony of Dr. Nicolette Sigrid Horbach, #4 Exhibit ECF # 52 Continues, ECF # 2907 - Memorandum in Response to Plaintiffs' Motion to Exclude or Limit the Opinions and Testimony of Dr. Nicolette Sigrid Horbach, #5 Exhibit ECF # 52 Continues, ECF # 6804 - Notice of Adoption of Prior Daubert Motion, #6 Exhibit ECF # 52 Continues, ECF # 6939 - Notice of Adoption of Wave 3 Daubert Response, #7 Exhibit ECF # 52 Continues, ECF # 7133 - Notice of Adoption of Prior Daubert Reply, #8 Exhibit ECF # 52 Continues, ECF # 2076 - Plaintiffs' Daubert Motion to Exclude or to Limit the Opinions and Testimony of Teri A. Longacre, #9 Exhibit ECF # 52 Continues, ECF # 2098 - Plaintiffs' Memorandum of Law in Support of Their Daubert Motion to Exclude or to Limit the Opinions and Testimony of Teri A. Longacre, #10 Exhibit ECF # 52 Continues, ECF # 2140 - Response in Opposition to Plaintiffs' Motion to Exclude or to Limit the Opinions and Testimony of Teri A. Longacre, #11 Exhibit ECF # 52 Continues, ECF # 2253 - Plaintiffs' Memorandum of Law in Support of Their Daubert Motion to Exclude or to Limit the Opinions and Testimony of Teri A. Longacre, #12 Exhibit ECF # 52 Continues, ECF # 6820 - Notice of Adoption of Prior Daubert Motion, #13 Exhibit ECF # 52 Continues, ECF # 6969 - Notice of Adoption of Prior Daubert Response, #14 Exhibit ECF # 52 Continues, ECF # 7099 - Notice of Adoption of Prior Daubert Reply, #15 Exhibit ECF # 52 Continues, ECF # 2039 - Plaintiffs' Motion to Exclude the Opinions and Testimony of Shelby Thames, #16 Exhibit ECF # 52 Continues, ECF # 2042 - Memorandum in Support of Plaintiffs' Motion to Exclude the Opinions and Testimony of Shelby Thames, #17 Exhibit ECF # 52 Continues, ECF # 2187 - Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Dr. Shelby Thames, #18 Exhibit ECF # 52 Continues, ECF # 2247 - Reply in Support of Plaintiffs' Motion to Exclude the Opinions of Dr. Shelby Thames, #19 Exhibit ECF # 52 Continues, ECF # 2455 Part 1 - Plaintiffs' Motion to Exclude the Opinions and Testimony of Shelby Thames, #20 Exhibit ECF # 52 Continues, ECF # 2455 Part 2 - Plaintiffs' Motion to Exclude the Opinions and Testimony of Shelby Thames, #21 Exhibit ECF # 52 Continues, ECF # 2458 - Memorandum in Support of Plaintiffs' Motion to Exclude Certain Opinions of Dr. Shelby Thames, #22 Exhibit ECF # 52 Continues, ECF # 2553 Part 1 - Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Dr. Shelby Thames, #23 Exhibit ECF # 52 Continues, ECF # 2553 Part 2 - Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Dr. Shelby Thames, #24 Exhibit ECF # 52 Continues, ECF # 2553 Part 3 - Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Dr. Shelby Thames, #25 Exhibit ECF # 52 Continues, ECF # 2621 - Reply in Support of Plaintiffs' Motion to Exclude the Opinions of Dr. Shelby Thames)(Gage, William) (Modified on 1/13/2020 to add party filer)(slr). [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 53 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 52 Continued, ECF # 3855 - Reply in Support of Motion to Limit the Testimony of Prof. Dr. Med. Uwe Klinge, #2 Exhibit ECF # 52 Continued, ECF # 6648 - Notice of Adoption of Ethicon's Motion to Exclude the Opinions and Testimony of Prof. Med. Uwe Klinge, #3 Exhibit ECF # 52 Continued, ECF # 6833 - Amended Notice of Adoption of Ethicon's Motion to Exclude the Opinions and Testimony of Prof. Dr. Med. Uwe Klinge, #4 Exhibit ECF # 52 Continued, ECF # 6926 - Notice of Adoption of Prior Daubert Response of Prof Dr. Med. Uwe Klinge, #5 Exhibit ECF # 52 Continued, ECF # 7123 - Notice of Adoption of Prior Daubert Reply Regarding Prof. Dr. Med. Uwe Klinge for Wave 8 by Ethicon, Inc, #6 Exhibit ECF # 52 Continued, ECF # 2814 - Motion to Exclude the General-Causation Testimony of Donald R. Ostergard, #7 Exhibit ECF # 52 Continued, ECF # 2816 - Memorandum in Support of Motion to Exclude or Limit General-Causation Testimony of Donald R. Ostergard, #8 Exhibit ECF # 52 Continued, ECF # 2950 - Response to Defendants' Motion to Exclude Testimony of Donald Ostergard, #9 Exhibit ECF # 52 Continued, ECF # 3011 - Reply in Support of Motion to Exclude General-Causation Testimony of Donald R. Ostergard, #10 Exhibit ECF # 52 Continued, ECF # 6825 - Notice of Adoption of Prior Daubert Motion, #11 Exhibit ECF # 52 Continued, ECF # 6957 - Notice of Adoption of Prior Daubert Response, #12 Exhibit ECF # 52 Continued, ECF # 7179 - Defendants' Reply in Support of Notice of Adoption of Prior Daubert Motion to Exclude Donald R. Ostergard, #13 Exhibit ECF # 52 Continued, ECF # 2759 - Motion to Exclude Peggy Pence, #14 Exhibit ECF # 52 Continued, ECF # 2760 - Memorandum in Support of Motion to Exclude Peggy Pence, #15 Exhibit ECF # 52 Continued, ECF # 2949 - Response in Opposition to Defendants' Motion to Exclude Peggy Pence, #16 Exhibit ECF # 52 Continued, ECF # 3017 - Reply in Support of Motion to Exclude Peggy Pence, #17 Exhibit ECF # 52 Continued, ECF # 6821 - Notice of Adoption of Prior Daubert Motion to Exclude Peggy Pence, #18 Exhibit ECF # 52 Continued, ECF # 6958 - Notice of Adoption of Prior Daubert Response, #19 Exhibit ECF # 52 Continued, ECF # 7177 - Notice of Adoption of Prior Reply in Support of Daubert Motion to Exclude Peggy Pence, #20 Exhibit ECF # 52 Continued, ECF # 6876 - Plaintiffs' Daubert Motion to Preclude, on in the Alternative, to Limit the Opinions and Testimony of C. Bryce Bowling, #21 Exhibit ECF # 52 Continued, ECF # 6877 - Plaintiffs' Memorandum of Law in Support of Daubert Motion to Preclude or Limit Opinions of Defense Expert C. Bryce Bowling, #22 Exhibit ECF # 52 Continued, ECF # 7020 Part 1 - Defendants' Opposition of Plaintiffs' Motion to Preclude or Limit Opinions of Expert C. Bryce Bowling, #23 Exhibit ECF # 52 Continued, ECF # 7020 Part 2 - Defendants' Opposition of Plaintiffs' Motion to Preclude or Limit Opinions of Expert C. Bryce Bowling, #24 Exhibit ECF # 52 Continued, ECF # 2044 Part 1 - Plaintiffs' Motion to Exclude or Limit the Opinions and Testimony of Dr. Nicolette Sigrid Horbach, #25 Exhibit ECF # 52 Continued, ECF # 2044 Part 2 - Plaintiffs' Motion to Exclude or Limit the Opinions and Testimony of Dr. Nicolette Sigrid Horbach)(Gage, William) (Modified on 1/13/2020 to add party filer)(slr). [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 52 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 238 - First Amended Master Long Form Complaint, #2 Exhibit ECF # 239 - Master Answer and Jury Demand of Defendant, #3 Exhibit ECF # 241 - Master Answer and Jury Demand of Defendant, #4 Exhibit ECF # 262 - Short Form Complaint, #5 Exhibit ECF # 263 - Amended Short Form Complaint, #6 Exhibit ECF # 3619 Part 1 - Motion to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #7 Exhibit ECF # 3619 Part 2 - Motion to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #8 Exhibit ECF # 3621 - Memorandum of Law in Support of Motion to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #9 Exhibit ECF # 3790 Part 1 - Response in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, #10 Exhibit ECF # 3790 Part 2 - Response in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, #11 Exhibit ECF # 3790 Part 3 - Response in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, #12 Exhibit ECF # 3790 Part 4 - Response in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, #13 Exhibit ECF # 3865 - Defendants' Reply in Support of Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, #14 Exhibit ECF # 6874 Part 1 - Motion by Ethicon, Inc., Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #15 Exhibit ECF # 6874 Part 2 - Motion by Ethicon, Inc., Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #16 Exhibit ECF # 6874 Part 3 - Motion by Ethicon, Inc., Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #17 Exhibit ECF # 6875 - Memorandum in Support of Motion to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #18 Exhibit ECF # 7038 - Notice of Adoption of Prior Daubert Response and Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Dr. Iakovlev, #19 Exhibit ECF # 7045 - Plaintiffs' Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #20 Exhibit ECF # 7085 - Plaintiffs' Amended Adoption of Prior Daubert Response and Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #21 Exhibit ECF # 7138 - Reply in Further Support of Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, #22 Exhibit ECF # 3626 Part 1 - Motion by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Limit the Testimony of Prof. Dr. Med. Uwe Klinge, #23 Exhibit ECF # 3626 Part 2 - Motion by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Limit the Testimony of Prof. Dr. Med. Uwe Klinge, #24 Exhibit ECF # 3630 - Memorandum In Support of Motion to Limit Testimony of Prof. Dr. Med. Uwe Klinge, #25 Exhibit ECF # 3767 Part 1 - Response by Defendants' in Opposition to Motion to Exclude Uwe Klinge, #26 Exhibit ECF # 3767 Part 2 - Response by Defendants' in Opposition to Motion to Exclude Uwe Klinge, #27 Exhibit ECF # 3767 Part 3 - Response by Defendants' in Opposition to Motion to Exclude Uwe Klinge, #28 Exhibit ECF # 3767 Part 4 - Response by Defendants' in Opposition to Motion to Exclude Uwe Klinge)(Gage, William) (Modified on 1/13/2020 to add party filers)(slr). [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 51 JOINT MOTION by Boston Scientific Corporation, Glenda Emerick, Phillip Emerick to Dismiss With Prejudice. (Strongman, Jon) (Modified on 1/13/2020 to add party filers)(slr). [Transferred from West Virginia Southern on 1/28/2020.] |
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Filing 50
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 1/23/2020 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 1/22/2020 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 1/9/2020. (cc: Clerk of the JPMDL; counsel of record) (REF: MDL 2327; Cases Listed on Exhibit A) (kew) [Transferred from West Virginia Southern on 1/28/2020.]
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Filing 49
VOLUNTARY DISMISSAL OF ETHICON, LLC, PURSUANT TO FED. R. CIV. P. 41(a)(l)(A)(i)/ORDER Defendant Ethicon, LLC only is voluntarily dismissed with prejudice. Signed by Judge Joseph R. Goodwin on 1/8/2020. (cc: attys; any unrepresented party) (st) [Transferred from West Virginia Southern on 1/28/2020.]
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| Filing 48 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 1/28/2020.] |
| Filing 47 RESPONSE TO ORDER TO SHOW CAUSE by Glenda Emerick, Phillip Emerick (Balefsky, Lee) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 46 RESPONSE TO #45 ORDER TO SHOW CAUSE by Boston Scientific Corporation (Strongman, Jon) (Modified on 4/22/2019 to add link to #45)(slr). [Transferred from West Virginia Southern on 1/28/2020.] |
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Filing 45
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 1/28/2020.]
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Filing 44
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 1/28/2020.]
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| Filing 43 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Amended Rule 26 Designation and Disclosure of Expert Witnesses. (Anielak, Eric) [Transferred from West Virginia Southern on 1/28/2020.] |
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Filing 42
ORDER granting the Motions filed in MDL 2327 by Ethicon, Inc., Johnson & Johnson to Substitute Susan M. Robinson as Counsel in lieu of David B. Thomas, and to Substitute William M. Gage as Counsel in lieu of Christy D. Jones; the Clerk is directed to terminate Christy D. Jones and to substitute William M. Gage as counsel of record, both on the main master docket and for each individual member case in MDL 2327 with which Christy D. Jones is associated, and to terminate David B. Thomas and to substitute Susan M. Robinson as counsel of record, both on the main master docket and for each individual member case in MDL 2327 with which David B. Thomas is associated. Signed by Judge Joseph R. Goodwin on 5/24/2018. (cc: counsel of record; any unrepresented party) (ts) (ADI) [Transferred from West Virginia Southern on 1/28/2020.]
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| Filing 41 MEMORANDUM by Glenda Emerick, Phillip Emerick in opposition to #37 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Summary Judgment (Balefsky, Lee) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 40 OPPOSITION by Glenda Emerick, Phillip Emerick to #37 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Summary Judgment. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Balefsky, Lee) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 39 MOTION and Memorandum by Ethicon, Inc. and Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Dr. Phillip Agrusa. (Attachments: #1 Exhibit PSR, #2 Exhibit PFS, #3 Exhibit Medical Records, #4 Exhibit Expert Report)(Gage, William) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 38 MEMORANDUM OF LAW by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in support of #37 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Summary Judgment (Gage, William) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 37 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Gage, William) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 36 NOTICE OF DEPOSITION OF FRIENDS AND FAMILY by Boston Scientific Corporation of all friends and family members identified in the Plaintiff Fact Sheet, including section VI. Fact Witnesses, and/or identified during the Plaintiff's deposition on dates and at times to be determined. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 35 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING DEPOSITIONS OF PLAINTIFF'S FRIENDS AND FAMILY MEMBERS by Ethicon, Inc., Johnson & Johnson, Glenda Emerick, Phillip Emerick (Stubbs, Ashley) (Modified on 10/4/2018 to add party filers)(rmc). [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 34 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Rule 26 Designation and Disclosure of Expert Witnesses. (Anielak, Eric) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 33 MOTION by Boston Scientific Corporation to Withdraw #32 MOTION by Boston Scientific Corporation to Dismiss With Prejudice. (Strongman, Jon) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 32 MOTION by Boston Scientific Corporation to Dismiss With Prejudice. (Strongman, Jon) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 31 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 1/28/2020.] |
| Filing 30 NOTICE of Issuing Amended Subpoena to Dr. Stephen G. Portera by Ethicon, Inc., Johnson & Johnson (Stubbs, Ashley) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 29 SECOND AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Stephen G. Portera on 8/27/2018 at 4:00 p.m. (Stubbs, Ashley) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 28 VOLUNTARY DISMISSAL OF ETHICON, LLC, PURSUANT TO FED. R. CIV. P. 41(a)(l)(A)(i) by Glenda Emerick, Phillip Emerick (Balefsky, Lee) [Transferred from West Virginia Southern on 1/28/2020.] |
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Filing 26
ORDER The #25 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) (kab) [Transferred from West Virginia Southern on 1/28/2020.]
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Filing 27
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) (st) [Transferred from West Virginia Southern on 1/28/2020.]
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| Filing 25 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 1/28/2020.] |
| Filing 24 NOTICE of Filing Subpoena to Dr. Stephen G. Portera by Ethicon, Inc., Johnson & Johnson (Stubbs, Ashley) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 23 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Stephen G. Portera on 6/19/2018 at 9:00 a.m. (Stubbs, Ashley) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 22 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (Stubbs, Ashley) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 21 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Glenda Emerick on 5/9/2018 at 2:00 p.m. (Modak-Truran, Anita) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 20 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by James H. Keale on behalf of Boston Scientific Corporation. (Keale, James) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 19 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Ashley Nader Stubbs on behalf of Ethicon, Inc., Johnson & Johnson. (Stubbs, Ashley) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 18 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Anita Modak-Truran on behalf of Ethicon, Inc., Johnson & Johnson. (Modak-Truran, Anita) [Transferred from West Virginia Southern on 1/28/2020.] |
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Filing 17
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) (ADI) [Transferred from West Virginia Southern on 1/28/2020.]
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| Filing 16 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Stephen G. Portera on 3/5/2018 at 9:00 a.m. (Sutherland, Kari) [Transferred from West Virginia Southern on 1/28/2020.] |
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Filing 15
ORDER (Dismissing Defendants C. R. Bard, Inc. and Covidien Entities with Prejudice And Transferring Cases to MDL 2327) granting the Joint Motion to Dismiss Certain Defendants with Prejudice filed in MDL 2187 by plaintiffs, identified on the attached Exhibit A, and to the extent they are named, C. R. Bard, Inc., and Sofradim Production SAS, Tissue Science Laboratories Limited, and Covidien LP, seeking dismissal of Bard and the Covidien entities from these actions with prejudice because all claims between them have been compromised and settled; Plaintiffs' Counsel is DIRECTED to file the appropriate Amended Short Form Complaints within the time frame outlined in the Motion; Defendants Bard and Covidien are DISMISSED WITH PREJUDICE as defendants in the actions listed in Exhibit A, these actions are TRANSFERRED to MDL 2327, and the Clerk is DIRECTED to disassociate these civil actions as member cases in MDL 2187 and re-associate them with MDL 2327. Signed by Judge Joseph R. Goodwin on 3/29/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2187; Cases Listed on Exhibit A) (mek) [Transferred from West Virginia Southern on 1/28/2020.]
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Filing 14
ORDER (Dismissing Defendant American Medical Systems, Inc. with Prejudice) Pending in MDL 2187, is a Joint Motion to Dismiss Defendant American Medical Systems, Inc. With Prejudice filed in MDL 2187 by plaintiffs, identified on the attached Exhibits A-E, and American Medical Systems, Inc. (AMS) seeking dismissal of AMS from these actions with prejudice. Because all claims between them have been compromised and settled, including all claims, counterclaims, cross-claims and third party claims, the Joint Motion to Dismiss AMS with Prejudice is GRANTED. Other defendants remain in these actions, and plaintiffs will continue to prosecute these actions against them. Signed by Judge Joseph R. Goodwin on 1/25/2016. (cc: attys; any unrepresented party) (REF: MDL 2187; Cases Listed on Exhibits A-E) (ts) [Transferred from West Virginia Southern on 1/28/2020.]
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| Filing 13 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 1/28/2020.] |
| Filing 12 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Deborah A. Moeller on behalf of Tissue Science Laboratories Limited. (Moeller, Deborah) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson. (Thomas, David) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 10 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 1/28/2020.] |
| Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Richard B. North, Jr on behalf of C. R. Bard, Inc.. (North, Richard) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 8 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon Strongman on 6/25/14. Boston Scientific Corporation waiver mailed on 6/3/2014, answer due 8/4/2014. (Strongman, Jon) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jon A. Strongman on behalf of Boston Scientific Corporation. (Strongman, Jon) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 6 WAIVER OF SERVICE EXECUTED. Waiver signed by Richard B. North, Jr. on 6/13/14. C. R. Bard, Inc. waiver mailed on 6/3/2014, answer due 8/4/2014. (North, Richard) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael J. Farrell on behalf of American Medical Systems, Inc.. (Farrell, Michael) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Erik W. Legg on behalf of American Medical Systems, Inc.. (Legg, Erik) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Bonasso on behalf of Boston Scientific Corporation. (Bonasso, Michael) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 122 (Defendant C. R. Bard's Motion to Quash or Modify Shakespeare Subpoena or, in the Alternative, for Entry of a Protective Order) entered on 04/22/2014 in MDL 2187 to attorneys in member case. (kw) [Transferred from West Virginia Southern on 1/28/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-3225074. (Attachment: #1 Civil Cover Sheet) (all) [Transferred from West Virginia Southern on 1/28/2020.] |
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