Powers v. Ethicon, Inc. et al
| Linda Powers and Will Supplement |
| Johnson & Johnson, Ethicon LLC, American Medical Systems Inc, Ethicon Inc and American Medical Systems Holdings Inc |
| 1:2020cv00023 |
| January 23, 2020 |
| U.S. District Court for the Northern District of Texas |
| Sam R Cummings |
| Torts/Pers Inj: Product Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 24, 2020. A more recent docket listing may be available from PACER.
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| Filing 61 **DUPLICATE FILING TO #59 **Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Anita Modak-Truran (Filing fee $100; Receipt number 0539-10648545) filed by Ethicon Inc, Johnson & Johnson (Cowan, Christopher) Modified on 2/25/2020 - Paralegal to Attorney Cowan for Butler Snow in Austin called to report that this filing is duplicate to the Pro Hac Vice filing on 02/14/20 #59 (jak). |
Filing 60
ORDER granting #59 Application for Admission Pro Hac Vice of Anita Modak-Truran. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Senior Judge Sam R Cummings on 2/18/2020) (jmc)
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| Filing 59 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-10626149) filed by Ethicon Inc, Johnson & Johnson Attorney Anita Modak-Truran added to party Ethicon Inc(pty:dft), Attorney Anita Modak-Truran added to party Johnson & Johnson(pty:dft) (Modak-Truran, Anita) |
| Filing 58 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ethicon Inc, Johnson & Johnson. (Cowan, Christopher) |
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Filing 57
ORDER. The Court, having considered Defendants' #56 Unopposed Motion to Withdraw and Substitute Counsel, filed January 30, 2020, is of the opinion that the same should be GRANTED. Accordingly, David Thomas, Susan Robinson, Kari Sutherland and William Gage are hereby WITHDRAWN as counsel of record for Defendants. Christopher R. Cowan and Jose Luzarraga are hereby substituted in as counsel of record for Defendants. (Ordered by Senior Judge Sam R Cummings on 2/3/2020) (jmc)
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| Filing 56 Unopposed MOTION to Substitute Attorney, added attorney Christopher Robert Cowan. Motion filed by Ethicon Inc, Johnson & Johnson (Attachments: #1 Proposed Order) (Cowan, Christopher) |
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Filing 55
SCHEDULING ORDER: Motions in limine and discovery due by 8/16/2021. Motion to join other parties and amend the pleadings due by 5/1/2020. Motions for summary judgment due by 1/15/2021. Jury Trial set for 9/7/2021 at 09:00 AM in US Courthouse, Courtroom 2000, 341 Pine St., Abilene, TX 79601-5928 before Senior Judge Sam R Cummings. See Order for further instructions and deadlines. (Ordered by Senior Judge Sam R Cummings on 1/28/2020) (jmc) Modified on 1/29/2020 (jmc).
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Filing 54
ORDER. The Court hereby ORDERS that all pending motions in the above-styled and -numbered civil action be DENIED AS MOOT without prejudice following the transfer of this proceeding to the docket of the undersigned Senior United States District Judge. The pending motions #30 are denied as moot without prejudice subject to being refiled after the entry of a scheduling order. (Ordered by Senior Judge Sam R Cummings on 1/27/2020) (jmc)
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| Filing 53 NOTICE of Attorney Appearance by Jose M Luzarraga on behalf of Ethicon Inc, Johnson & Johnson. (Filer confirms contact info in ECF is current.) (Luzarraga, Jose) |
| Filing 52 NOTICE of Attorney Appearance by Christopher Robert Cowan on behalf of Ethicon Inc, Johnson & Johnson. (Filer confirms contact info in ECF is current.) (Cowan, Christopher) |
| Filing 51 NOTICE of Attorney Appearance by Katherine Ann Fillmore on behalf of Ethicon Inc, Johnson & Johnson. (Filer confirms contact info in ECF is current.) (Fillmore, Katherine) |
| Filing 50 New Case Notes: A filing fee has been paid. (jak) |
| Filing 49 Case electronically transferred in from District of West Virginia Southern; Case Number 2:14-cv-12626. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. |
| Filing 48 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #46 Continued - (2255) Reply in Opposition to Motion to Exclude Juan Carlos Felix, #2 Exhibit ECF #46 Continued - (6796) Notice of Adoption of Prior Daubert Motion of Juan Carlos Felix, #3 Exhibit ECF #46 Continued - (6966) Notice of Adoption of Prior Daubert Response of Juan Carlos Felix, #4 Exhibit ECF #46 Continued - (7093) Notice of Adoption of Prior Daubert Reply of Juan Carlos Felix, #5 Exhibit ECF #46 Continued - (2035) Motion to Exclude Christina Pramudji, #6 Exhibit ECF #46 Continued - (2037) Memo in Support of Motion to Exclude Christina Pramudji, #7 Exhibit ECF #46 Continued - (2153) Memo in Opposition to Motion to Exclude Christina Pramudji, #8 Exhibit ECF #46 Continued - (2236) Reply in Support of Motion to Exclude Christina Pramudji, #9 Exhibit ECF #46 Continued - (2530) Memo in Opposition to Motion to Exclude Christina Pramudji, #10 Exhibit ECF #46 Continued - (6829) Notice of Adoption of Prior Daubert Motion of Christina Pramudji, #11 Exhibit ECF #46 Continued - (7037) Notice of Adoption of Prior Daubert Response of Christina Pramudji, #12 Exhibit ECF #46 Continued - (7138) Notice of Adoption of Prior Daubert Reply of Christina Pramudji, #13 Exhibit ECF #46 Continued - (2104) Motion to Exclude E. Stanton Shoemaker, #14 Exhibit ECF #46 Continued - (2105) Memo in Support of Motion to Exclude E. Stanton Shoemaker, #15 Exhibit ECF #46 Continued - (2239) Memo in Support of Motion to Exclude E. Stanton Shoemaker, #16 Exhibit ECF #46 Continued - (2923) Memo in Opposition to Motion to Exclude E. Stanton Shoemaker, #17 Exhibit ECF #46 Continued - (6853) Notice of Adoption of Prior Daubert Motion of E. Stanton Shoemaker, #18 Exhibit ECF #46 Continued - (7002) Notice of Adoption of Prior Daubert Response of E. Stanton Shoemaker, #19 Exhibit ECF #46 Continued - (2039) Motion to Exclude Shelby Thames, #20 Exhibit ECF #46 Continued - (2042) Memo in Support of Motion to Exclude Shelby Thames, #21 Exhibit ECF #46 Continued - (2187) Response in Opposition to Motion to Exclude Shelby Thames, #22 Exhibit ECF #46 Continued - (2247) Reply in Support of Motion to Exclude Shelby Thames, #23 Exhibit ECF #46 Continued - (2458) Memo in Support of Motion to Exclude Shelby Thames, #24 Exhibit ECF #46 Continued - (2621) Reply in Support of Motion to Exclude Shelby Thames, #25 Exhibit ECF #46 Continued - (2841) Memo in Support of Motion to Exclude Shelby Thames, #26 Exhibit ECF #46 Continued - (2957) Response in Opposition to Motion to Exclude Shelby Thames, #27 Exhibit ECF #46 Continued - (3037) Reply in Support of Motion to Exclude Shelby Thames, #28 Exhibit ECF #46 Continued - (6857) Notice of Adoption of Prior Daubert Motion of Shelby Thames, #29 Exhibit ECF #46 Continued - (6972) Notice of Adoption of Prior Daubert Response of Shelby Thames, #30 Exhibit ECF #46 Continued - (7113) Notice of Adoption of Prior Daubert Reply of Shelby Thames, #31 Exhibit ECF #46 Continued - (2060) Motion to Exclude Timothy Ulatowski, #32 Exhibit ECF #46 Continued - (2065) Memo in Support of Motion to Exclude Timothy Ulatowski, #33 Exhibit ECF #46 Continued - (2134) Response in Opposition to Motion to Exclude Timothy Ulatowski, #34 Exhibit ECF #46 Continued - (2232) Reply in Support of Motion to Exclude Timothy Ulatowski, #35 Exhibit ECF #46 Continued - (2910) Notice of Adoption of Prior Daubert Response of Timothy Ulatowski, #36 Exhibit ECF #46 Continued - (6860) Notice of Adoption of Prior Daubert Motion of Timothy Ulatowski, #37 Exhibit ECF #46 Continued - (6965) Notice of Adoption of Prior Daubert Response of Timothy Ulatowski, #38 Exhibit ECF #46 Continued - (7143) Notice of Adoption of Prior Daubert Reply of Timothy Ulatowski)(Gage, William) (Modified on 1/17/2020 to add party filer)(slr). [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 47 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #46 Continued - (3031) Reply in Support of Motion to Exclude Jimmy Mays, #2 Exhibit ECF #46 Continued - (3647) Memo in Support of Motion to Exclude Jimmy Mays, #3 Exhibit ECF #46 Continued - (3751) Response to Motion to Exclude Jimmy Mays, #4 Exhibit ECF #46 Continued - (3847) Reply in Support of Motion to Exclude Jimmy Mays, #5 Exhibit ECF #46 Continued - (6649) Notice of Adoption of Prior Daubert Motion of Jimmy Mays, #6 Exhibit ECF #46 Continued - (6955) Notice of Adoption of Prior Daubert Response of Jimmy Mays, #7 Exhibit ECF #46 Continued - (7125) Notice of Adoption of Prior Daubert Reply of Jimmy Mays, #8 Exhibit ECF #46 Continued - (3666) Memo in Support of Motion to Exclude Paul Michaels, #9 Exhibit ECF #46 Continued - (3792) Response to Motion to Exclude Paul Michaels, #10 Exhibit ECF #46 Continued - (3814) Reply in Support of Motion to Exclude Paul Michaels, #11 Exhibit ECF #46 Continued - (6830) Notice of Adoption of Prior Daubert Motion of Paul Michaels, #12 Exhibit ECF #46 Continued - (6956) Notice of Adoption of Prior Daubert Response of Paul Michaels, #13 Exhibit ECF #46 Continued - (7129) Notice of Adoption of Prior Daubert Reply of Paul Michaels, #14 Exhibit ECF #46 Continued - (2759) Motion to Exclude Peggy Pence, #15 Exhibit ECF #46 Continued - (2760) Memo in Support of Motion to Exclude Peggy Pence, #16 Exhibit ECF #46 Continued - (2949) Response in Opposition to Motion to Exclude Peggy Pence, #17 Exhibit ECF #46 Continued - (3017) Reply in Support of Motion to Exclude Peggy Pence, #18 Exhibit ECF #46 Continued - (6821) Notice of Adoption of Prior Daubert Motion of Peggy Pence, #19 Exhibit ECF #46 Continued - (6958) Notice of Adoption of Prior Daubert Response of Peggy Pence, #20 Exhibit ECF #46 Continued - (7177) Notice of Adoption of Prior Daubert Reply of Peggy Pence, #21 Exhibit ECF #46 Continued - (2820) Motion to Exclude Dionysios Veronikis, #22 Exhibit ECF #46 Continued - (2821) Memo in Support of Motion to Exclude Dionysios Veronikis, #23 Exhibit ECF #46 Continued - (2890) Response in Opposition to Motion to Exclude Dionysios Veronikis, #24 Exhibit ECF #46 Continued - (3033) Reply in Support to Motion to Exclude Dionysios Veronikis, #25 Exhibit ECF #46 Continued - (6854) Notice of Adoption of Prior Daubert Motion of Dionysios Veronikis, #26 Exhibit ECF #46 Continued - (6964) Notice of Adoption of Prior Daubert Response of Dionysios Veronikis, #27 Exhibit ECF #46 Continued - (7156) Notice of Adoption of Prior Daubert Reply of Dionysios Veronikis)(Gage, William) (Modified on 1/17/2020 to add party filer)(slr). [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 46 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit (238) First Amended Complaint, #2 Exhibit (239) Master Answer and Jury Demand, #3 Exhibit (241) Master Answer and Jury Demand, #4 Exhibit (262) Short Form Complaint, #5 Exhibit (263) Amended Short Form Complaint, #6 Exhibit (2063) Part 1 Motion to Exclude Bruce Rosenzweig, #7 Exhibit (2063) Part 2 Motion to Exclude Bruce Rosenzweig, #8 Exhibit (2184) Part 1 Response in Opposition to Motion to Exclude Juan Carlos Felix, #9 Exhibit (2184) Part 2 Response in Opposition to Motion to Exclude Juan Carlos Felix, #10 Exhibit (2455) Part 1 Motion to Exclude Shelby Thames, #11 Exhibit (2455) Part 2 Motion to Exclude Shelby Thames, #12 Exhibit (2553) Part 1 Response in Opposition to Motion to Exclude Shelby Thames, #13 Exhibit (2553) Part 2 Response in Opposition to Motion to Exclude Shelby Thames, #14 Exhibit (2553) Part 3 Response in Opposition to Motion to Exclude Shelby Thames, #15 Exhibit (2839) Part 1 Motion to Exclude Shelby Thames, #16 Exhibit (2839) Part 2 Motion to Exclude Shelby Thames, #17 Exhibit (3642) Part 1 Motion to Exclude Jimmy Mays, #18 Exhibit (3642) Part 2 Motion to Exclude Jimmy Mays, #19 Exhibit (3663) Part 1 Motion to Exclude Paul Michaels, #20 Exhibit (3663) Part 2 Motion to Exclude Paul Michaels, #21 Exhibit (3663) Part 3 Motion to Exclude Paul Michaels)(Gage, William) (Modified on 1/17/2020 to add party filer) (slr). [Transferred from West Virginia Southern on 1/23/2020.] |
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Filing 45
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) (st) [Transferred from West Virginia Southern on 1/23/2020.]
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| Filing 44 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Attachments: #1 Exhibit, #2 Exhibit)(Gage, William) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 43 RESPONSE TO ORDER TO SHOW CAUSE by Linda Powers (Pang Parra, Amber) [Transferred from West Virginia Southern on 1/23/2020.] |
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Filing 42
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 1/23/2020.]
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Filing 41
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 [email protected]; 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 1/23/2020.]
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Filing 40
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 1/23/2020.]
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| Filing 39 EXHIBITS by Linda Powers in support of #32 Response In Opposition, #33 Memorandum In Opposition. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Pang Parra, Amber) (Modified on 10/29/2018 to remove links to #34, #35, #36, #37 and #38 exhibits in support) (mkw). [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 38 EXHIBITS by Linda Powers in support of #32 Response In Opposition, #33 Memorandum In Opposition. (Attachment: #1 Continuation of Exhibit)(Pang Parra, Amber) (Modified on 10/29/2018 to remove links to #34, #36 and #37 exhibits in support) (mkw). [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 37 EXHIBITS by Linda Powers in support of #32 Response In Opposition, #33 Memorandum In Opposition. (Pang Parra, Amber) (Modified on 10/29/2018 to remove link to #34, #35, and #36 exhibits in support) (mkw). [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 36 EXHIBITS by Linda Powers in support of #32 Response In Opposition, #33 Memorandum In Opposition. (Pang Parra, Amber) (Modified on 10/29/2018 to remove link to #34 and #35 exhibits in support) (mkw). [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 35 EXHIBITS by Linda Powers in support of #32 Response In Opposition, #33 Memorandum In Opposition. (Pang Parra, Amber) (Modified on 10/29/2018 to remove link to #34 exhibits in support) (mkw). [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 34 EXHIBITS by Linda Powers in support of #32 Response In Opposition and #33 Memorandum In Opposition. (Pang Parra, Amber) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 33 MEMORANDUM OF LAW by Linda Powers in support of her response in opposition to #30 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment. (Pang Parra, Amber) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 32 RESPONSE by Linda Powers in opposition to #30 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment. (Attachment: #1 Exhibit)(Pang Parra, Amber) (Modified on 10/29/2018 to remove link to #31 memorandum) (mkw). [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 31 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #30 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (McConnico, Stephen) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 30 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(McConnico, Stephen) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 29 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING DEPOSITIONS OF PLAINTIFF'S FRIENDS AND FAMILY by Ethicon, Inc., Johnson & Johnson, Linda Powers (Saiter, Cynthia) (Modified on 10/4/2018 to add party filer)(rmc). [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 28 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 1/23/2020.] |
| Filing 27 CERTIFICATE OF SERVICE by Linda Powers for Second Amended Designation and Disclosure of General and Case-Specific Expert Witnesses. (Pang Parra, Amber) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 26 CERTIFICATE OF SERVICE by Linda Powers for Amended Designation and Disclosure of General and Case-Specific Expert Witnesses. (Pang Parra, Amber) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 25 SECOND AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Michael Jones, M.D. on July 13, 2018 at 9:00 a.m. (Attachment: #1 Exhibit A)(Saiter, Cynthia) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 23 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Objections and Responses to Plaintiff's Interrogatories, Requests for Production and Requests for Admissions. (Saiter, Cynthia) [Transferred from West Virginia Southern on 1/23/2020.] |
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Filing 22
ORDER The #21 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) (st) [Transferred from West Virginia Southern on 1/23/2020.]
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Filing 24
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 1/23/2020.]
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| Filing 21 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 1/23/2020.] |
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Filing 20
ORDER granting the Notice of Partial Withdrawal of Pending Motion to Preclude Evidence by Ethicon, Inc., Johnson & Johnson filed at ECF No. 5857 in MDL 2327; and denying as moot the Motion by Ethicon, Inc., Johnson & Johnson, Inc. to Preclude Evidence or Argument Relating to Pathology and Degradation Claims Based on the Failure to Comply With PTO #121 and PTO #190 filed at ECF No. 5741 in MDL 2327 as to certain 2327 Wave 8 cases only; the Motion shall remain pending as to all other Wave 8 cases identified in Exhibit A attached to the Motion to Preclude. Signed by Magistrate Judge Cheryl A. Eifert on 6/12/2018. (cc: attys; any unrepresented party) (MDL 2327; Certain 2327 Wave 8 Cases) (brn) [Transferred from West Virginia Southern on 1/23/2020.]
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| Filing 19 FIRST AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Michael Jones, M.D. on July 9, 2018 at 9;00 a.m. (Saiter, Cynthia) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 18 CERTIFICATE OF SERVICE by Linda Powers for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Pang Parra, Amber) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 17 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Production and Requests for Admissions to Plaintiff. (Saiter, Cynthia) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 16 FIRST AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Linda Powers on May 9, 2018 at 10:00 a.m. (Saiter, Cynthia) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 15 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Linda Powers on May 9, 2016 at 10:00 a.m. (Saiter, Cynthia) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 14 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Cynthia L. Saiter on behalf of Ethicon, Inc., Johnson & Johnson. (Saiter, Cynthia) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 13 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Asher Griffin on behalf of Ethicon, Inc., Johnson & Johnson. (Griffin, Asher) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 12 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Stephen E. McConnico on behalf of Ethicon, Inc., Johnson & Johnson. (McConnico, Stephen) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 11 NOTICE OF WITHDRAWAL by Ethicon, Inc., Johnson & Johnson of #9 Notice of Videotaped Deposition (Sutherland, Kari) [Transferred from West Virginia Southern on 1/23/2020.] |
| NOTICE OF DOCKET CORRECTION re: #10 Notice of Change of Attorney Information by Amber Marie Seu Yin Pang Parra updating name and/or firm information on behalf of Linda Powers. ERROR: Image did not contain signature of counsel. CORRECTION: Image corrected and replaced. (ts) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 10 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Amber Marie Seu Yin Pang Parra updating name and/or firm information on behalf of Linda Powers. (Pang Parra, Amber) (Modified on 2/16/2018 to remove and replace unsigned image)(ts). [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 9 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Michael C. Jones on 5/10/2018 at 9:00 a.m. (Sutherland, Kari) [Transferred from West Virginia Southern on 1/23/2020.] |
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Filing 8
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) (ts) (ADI) [Transferred from West Virginia Southern on 1/23/2020.]
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| Filing 7 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 1/23/2020.] |
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Filing 6
ORDER granting #4 MOTION by Linda Powers, Will Supplement TO TRANSFER this member case from MDL 2325 American Medical Systems to MDL 2327 Ethicon. Directing the Clerk to disassociate this civil action as a member case in MDL 2325 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 11/18/2014. (cc: attys; any unrepresented party) (ts) [Transferred from West Virginia Southern on 1/23/2020.]
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| Filing 5 AMENDED SHORT FORM COMPLAINT filed by Linda Powers against Ethicon, Inc., Johnson & Johnson. (Lane, Justinian) (Modified on 11/8/2014 to remove terminated filer) (skh). [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 4 MOTION by Linda Powers, Will Supplement TO TRANSFER this member case from MDL 2325 American Medical Systems to MDL 2327 Ethicon. (Lane, Justinian) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 3 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Justinian Lane updating firm information on behalf of Linda Powers, Will Supplement. (Lane, Justinian) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 154 (Final Order Regarding Severance of Actions) entered on 03/24/2014 in MDL 2325 to attorneys in member case. (cbo) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-3081136. (Attachment: #1 Civil Cover Sheet) (mmw) [Transferred from West Virginia Southern on 1/23/2020.] |
| DEFENDANT(S) American Medical Systems Holdings, Inc. terminated pursuant to PTO #56 entered in MDL 2325, American Medical Systems, Inc. on 04/03/2013. (mmw) [Transferred from West Virginia Southern on 1/23/2020.] |
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