Coates v. Ethicon, Inc. et al
| Leslie Coates |
| Ethicon Inc, Coloplast Corp, Johnson & Johnson and Ethicon LLC |
| 3:2019cv02584 |
| November 4, 2019 |
| US District Court for the Northern District of Texas |
| Brantley Starr |
| Torts/Pers Inj: Product Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 36 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 35 Unopposed MOTION to Withdraw as Attorney Kari L. Sutherland, William Gage, Christy D. Jones, David B. Thomas, Philip J. Combs, and Susan M. Robinson, Unopposed MOTION to Substitute Attorney, Christopher Robert Cowan added attorney Christopher Robert Cowan. Motion filed by Johnson & Johnson, Ethicon Inc (Attachments: #1 Proposed Order Proposed Order) (Cowan, Christopher) |
| Filing 33 Case electronically transferred in from District of West Virginia Southern; Case Number 2:12-cv-07109. 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 34 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (ykp) |
| Filing 32 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 (1069) Pretrial Order #100 - Motion for Finding of Spoliation and for Sanctions)(Gage, William) [Transferred from West Virginia Southern on 11/4/2019.] |
Filing 31
ORDER granting the Motion by Lana K. Varney for Change of Address filed in MDL 2387; the Clerk is directed to update Lana K. Varney's address in MDL Nos. 2187, 2325, 2326, 2327, 2387, 2440 and 2511 and for each individual member case associated with the MDLs in which Lana K. Varney appears. Signed by Judge Joseph R. Goodwin on 10/24/2019. (cc: counsel of record; any unrepresented party) (st) (ADI) [Transferred from West Virginia Southern on 11/4/2019.]
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Filing 30
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 10/30/2019 the cases identified on Exhibit A that are still pending shall be transferred to the United States District Courts identified on Exhibit A pursuant to 28 U.S.C. 1404(a); on or before 10/29/2019 the parties are DIRECTED to confer and to file in each pending individual member case identified in Exhibit A, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the Clerk is DIRECTED to use the appropriate function in CM/ECF to extract each member case listed on Exhibit A that remains pending and transfer it to the corresponding United States District Court listed on Exhibit A; after transfer of each member case listed in Exhibit A that is not dismissed prior to the Transfer Date, the Clerk is DIRECTED to formally close the case and strike it from the docket of this court. Signed by Judge Joseph R. Goodwin on 10/16/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 11/4/2019.]
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Filing 29
ORDER granting #25 MOTION by Coloplast Corp. to Dismiss With Prejudice due to civil action being compromised and settled. Signed by Judge Joseph R. Goodwin on 5/6/2019. (cc: counsel of record; any unrepresented party) (kab) [Transferred from West Virginia Southern on 11/4/2019.]
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| Filing 28 RESPONSE TO ORDER TO SHOW CAUSE by Coloplast Corp. (Varney, Lana) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 27 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Attachments: #1 Exhibit 1 - List of Cases, #2 Exhibit 2 - Letter)(Gage, William) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 26 RESPONSE TO ORDER TO SHOW CAUSE by Leslie Coates. (Boone, Alexandra) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 25 MOTION by Coloplast Corp. to Dismiss With Prejudice due to civil action being compromised and settled. (Varney, Lana) [Transferred from West Virginia Southern on 11/4/2019.] |
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Filing 24
SHOW CAUSE ORDER directing that plaintiffs' leadership and counsel for ALL defendants named in cases on Exhibit 1 are directed to show cause in writing why they should not be sanctioned for failing to comply with the Order entered in MDL 2327 at ECF #7710 by Wednesday 4/24/2019; any filing must be made in the individual cases on Exhibit 1; the court will schedule a hearing at a later date. Signed by Judge Joseph R. Goodwin on 4/10/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit 1) (mwk) (ADI) [Transferred from West Virginia Southern on 11/4/2019.]
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Filing 23
ORDER The court ORDERS that by 4/8/2019 plaintiffs' leadership and counsel for ALL defendants with cases identified on Exhibit A attached hereto are directed to go to the court's website at https://www.wvsd.uscourts.gov/MDL/ethicon/forms.html, complete and jointly submit one copy of the Transfer/Remand Information Spreadsheet in Excel format as found on the court's website to the court at WVSDml_MDL_Transfers@wvsd.uscourts.gov; the parties shall use the Transfer/Remand Information Spreadsheet on the court's website, as it is already partially completed; if the court's docket sheet for any case on Exhibit A indicates that the case has closed prior to or after the entry of this order, the parties are directed to so indicate on the Transfer/Remand Information Spreadsheet and need not complete the requested information on the Spreadsheet; the court cautions that many of these cases name other MDL defendants in addition to the Ethicon defendants; the court expects any necessary coordination from all defendants remaining in the cases on Exhibit A. Signed by Judge Joseph R. Goodwin on 3/26/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (mwk) (ADI) [Transferred from West Virginia Southern on 11/4/2019.]
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Filing 22
PRETRIAL ORDER # 303 (Amended Docket Control Order Ethicon, Inc. Wave 8 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 280. The parties are advised that while this order will be entered in the individual cases in the coming days, it is effective as of the day it was entered in the main MDL. The following deadlines immediately apply in all Wave 8 cases: The following deadlines immediately apply in all Wave 8 cases: Plaintiff Fact Sheets due by 03/19/2018; Defendant Fact Sheets due by 04/19/2018; Deadline for written discovery requests due by 05/18/2018; Expert disclosures served by plaintiffs pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 07/13/2018; Expert disclosure served by defendants pursuant to Fed R. Civ P. 26 as limited by 3.a. of this order due by 08/13/2018; Expert disclosure served for rebuttal pursuant to Fed R. Civ. P. 26 as limited by 3.a. of this order due by 08/20/2018; Deposition deadline and close of discovery due by 10/04/2018; Filing of Dispositive Motions due by 10/18/2018; Response to Dispositive Motions due by 10/25/2018; Reply to response to dispositive motions due by 11/01/2018; Filing of Daubert motions due by 10/18/2018; Responses to Daubert motions due by 10/25/2018; Reply to response to Daubert motions due by 11/01/2018. Signed by Judge Joseph R. Goodwin on 6/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases) (kab) [Transferred from West Virginia Southern on 11/4/2019.]
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Filing 21
PRETRIAL ORDER # 280 (Docket Control Order - Ethicon, Inc. Wave 8 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING ETHICON, INC. CASES. The court ORDERS that this Docket Control Order be filed in the main MDL and, as of the time of that filing in every case listed on Exhibit A (hereinafter "Wave 8 cases") becomes subject to the deadlines in this Docket Control Order. For any cases in the Ethicon, Inc. MDL with a Covidien Wave 1 flag, the stay on the flagged Covidien Wave 1 cases is lifted and the Covidien Wave 1 cases in the Ethicon MDL are incorporated in the Ethicon, Inc., Wave 8 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 8 cases: A. Scheduling Deadlines. Plaintiff Fact Sheets due by 3/19/2018, Defendant Fact Sheets due by 4/19/2018, Deadline for written discovery requests due by 5/18/2018, Expert disclosure by plaintiffs due by 6/04/2018, Expert disclosure by defendants due by 7/05/2018, Expert disclosure for rebuttal purposes due by 7/23/2018, Deposition deadline and close of discovery due by 9/04/2018, Deadline to file list of general causation experts in each individual Wave 8 case due by 9/11/2018, Filing of Dispositive Motions due by 9/21/2018, Response to Dispositive Motions due by 10/05/2018, Reply to response to dispositive motions due by 10/12/2018, Filing of Daubert motions due by 10/05/2018, Responses to Daubert motions due by 10/19/2018, and Reply to response to Daubert motions due by 10/26/2018. B.4. Confidential Documents. In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 8/10/2018, and any response is due by 8/24/2018. Any reply is due by 8/31/2018. C.1. Venue Recommendations. By no later than 8/27/2018 the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties are ORDERED to submit joint venue recommendations to the court by 9/03/2018. Additional directives are set forth herein. Signed by Judge Joseph R. Goodwin on 1/30/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases Listed on Exhibit A) (kp) (ADI) [Transferred from West Virginia Southern on 11/4/2019.]
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Filing 20
ORDER on Motion filed in MDL 2327: granting MOTION by Lana K. Varney for Change of Address in MDL 2327 and in each individual member case in which she is associated. The court DIRECTS the Clerk to update the information, as set forth in the Motion, both on the main master docket, and for each individual member case in MDL 2327 with which Lana K. Varney is associated. Signed by Judge Joseph R. Goodwin on 08/29/2017. (cc: attys; any unrepresented party) (rec) [Transferred from West Virginia Southern on 11/4/2019.]
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| Filing 19 PLAINTIFF PROFILE FORM filed by Leslie Coates. (Weisbrod, Les) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 18 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Lana K. Varney on behalf of Coloplast Corp.. (Varney, Lana) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 17 AMENDED SHORT FORM COMPLAINT filed by Leslie Coates against Ethicon, Inc., Johnson & Johnson, Coloplast Corp. (Weisbrod, Les) [Transferred from West Virginia Southern on 11/4/2019.] |
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Filing 16
ORDER: Based on representation of counsel that Laura H. Dixon no longer represents any party in this MDL or any party in any member case, the above-named counsel is terminated where she appears as counsel for any party in this MDL and in any member case. Signed by Judge Joseph R. Goodwin on 5/5/2014. (cc: attys; any unrepresented party) (kw) [Transferred from West Virginia Southern on 11/4/2019.]
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| Filing 15 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 14 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Laura H. Dixon on behalf of Ethicon, Inc., Johnson & Johnson. (Dixon, Laura) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 13 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 12 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Philip J. Combs on behalf of Ethicon, Inc., Johnson & Johnson. (Combs, Philip) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 10 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Susan M. Robinson on behalf of Ethicon, Inc., Johnson & Johnson. (Robinson, Susan) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 9 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 11/4/2019.] |
| Filing 8 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Luke Harrison Metzler on behalf of Leslie Coates. (Metzler, Luke) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Alexandra V. Boone on behalf of Leslie Coates. (Boone, Alexandra) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Les Weisbrod on behalf of Leslie Coates. (Weisbrod, Les) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 5 SUMMONS ISSUED by the Clerk on behalf of Leslie Coates for Johnson & Johnson, re: #1 Complaint, returnable 21 days. Original Summons and 2 copies Mailed to Les Weisbrod for service. (tmr) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 4 SUMMONS ISSUED by the Clerk on behalf of Leslie Coates for Ethicon, LLC, re: #1 Complaint, returnable 21 days. Original Summons and 2 copies Mailed to Les Weisbrod for service. (tmr) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 3 SUMMONS ISSUED by the Clerk on behalf of Leslie Coates for Ethicon, Inc., re: #1 Complaint, returnable 21 days. Original Summons and 2 copies Mailed to Les Weisbrod for service. (tmr) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER 21 (Order Cancelling November 2, 2012, Status Conference) entered on 10/29/2012 in MDL 2327 to attorneys in member case. (jap) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2059833. (Attachment: #1 Civil Cover Sheet) (tmr) [Transferred from West Virginia Southern on 11/4/2019.] |
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