Cox v. Ethicon, Inc. et al
| Blake Cox |
| Ethicon, Inc., Johnson & Johnson, Ethicon LLC and Ethicon Inc |
| 4:2020cv01172 |
| October 23, 2020 |
| US District Court for the Northern District of Texas |
| Reed C O'Connor |
| Torts/Pers Inj: Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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| Filing 122 Joint STIPULATION OF DISMISSAL With Prejudice by Ethicon Inc, Johnson & Johnson. (Cowan, Christopher) |
| Civil Case Terminated per #122 Stipulation of Dismissal. (mmw) |
Filing 121
ORDER granting in part and denying in part #120 Motion for Extension of Time to File Dismissal Papers. See Order. (Ordered by Judge Reed C. O'Connor on 4/29/2021) (chmb)(lcmhn)
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| Filing 120 Joint MOTION for Extension of Time to File Dismissal Papers filed by Ethicon Inc, Johnson & Johnson (Attachments: #1 Proposed Order) (Cowan, Christopher) |
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Filing 119
ELECTRONIC ORDER finding as moot #113 Motion to Strike (Ordered by Judge Reed C. O'Connor on 3/26/2021) (chmb)(lcmhn)
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Filing 118
ELECTRONIC ORDER finding as moot #110 Motion to Exclude Expert Opinion (Ordered by Judge Reed C. O'Connor on 3/26/2021) (chmb)(lcmhn)
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Filing 117
ORDER: Before the Court is the parties' Notice of Settlement (ECF No. #116 ), filed March 25, 2021. The parties have informed the Court that this dispute has been resolved. Therefore, the parties are ORDERED to file settlement papers no later than May 1, 2021. All remaining deadlines are vacated. (Ordered by Judge Reed C. O'Connor on 3/25/2021) (mmw)
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| Filing 116 NOTICE of Settlement in Principle and Request for Stay filed by Ethicon Inc, Johnson & Johnson (Attachments: #1 Proposed Order) (Cowan, Christopher) |
| Filing 115 Appendix in Support filed by Blake Cox re #113 MOTION to Strike Case Specific Opinions and Testimony of Christine Pramudji, M.D. (Perdue, Jim) |
| Filing 114 Brief/Memorandum in Support filed by Blake Cox re #113 MOTION to Strike Case Specific Opinions and Testimony of Christine Pramudji, M.D. (Perdue, Jim) |
| Filing 113 MOTION to Strike Case Specific Opinions and Testimony of Christine Pramudji, M.D. filed by Blake Cox (Attachments: #1 Proposed Order) (Perdue, Jim) |
| Filing 112 Appendix in Support filed by Ethicon Inc, Johnson & Johnson re #110 MOTION to Exclude Certain Case-Specific Opinions of Bruce Rosenzweig, M.D. (Attachments: #1 Exhibit A) (Cowan, Christopher) |
| Filing 111 Brief/Memorandum in Support filed by Ethicon Inc, Johnson & Johnson re #110 MOTION to Exclude Certain Case-Specific Opinions of Bruce Rosenzweig, M.D. (Cowan, Christopher) |
| Filing 110 MOTION to Exclude Certain Case-Specific Opinions of Bruce Rosenzweig, M.D. filed by Ethicon Inc, Johnson & Johnson (Attachments: #1 Exhibit A, #2 Proposed Order) (Cowan, Christopher) |
| Filing 109 NOTICE of Withdrawal of Counsel - As To Katie Fillmore Only filed by Ethicon Inc, Johnson & Johnson (Cowan, Christopher) |
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Filing 108
ORDER: Before the Court is Defendant's #59 Motion to Exclude Certain Case-Specific Opinions and Plaintiff's #60 Motion to Exclude Case-Specific Opinions. The Motions are DENIED and the parties are DIRECTED to file briefing in accordance with the law of the controlling jurisdiction if the parties wish to maintain their objections. The parties must file their renewed motions no later than March 22, 2021. Each party must respond no later than March 29, 2021, and may reply no later than April 1, 2021. (Ordered by Judge Reed C. O'Connor on 3/2/2021) (mmw) Modified on 3/5/2021 (npk).
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Filing 107
ELECTRONIC ORDER granting #106 Application for Admission Pro Hac Vice of Pamela L. Ferrell. 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 Judge Reed C. O'Connor on 2/11/2021) (chmb)(lcmhn)
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| Filing 106 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11595524) filed by Ethicon Inc, Johnson & Johnson (Attachments: #1 Exhibit(s), #2 Exhibit(s)) (Ferrell, Pamela) |
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Filing 105
ORDER denying #104 Application for Admission Pro Hac Vice of Pamela L. Ferrell. Clerk shall return admission fee to Applicant. (see order) (Ordered by Judge Reed C. O'Connor on 2/10/2021) (mmw)
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| Filing 104 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11593867) filed by Ethicon Inc, Johnson & Johnson (Attachments: #1 Exhibit(s), #2 Exhibit(s))Attorney Pamela L Ferrell added to party Ethicon Inc(pty:dft), Attorney Pamela L Ferrell added to party Johnson & Johnson(pty:dft) (Ferrell, Pamela) |
| Filing 103 NOTICE of Change of Address for Attorney Kimberly Gustafson Bueno on behalf of Ethicon Inc, Johnson & Johnson. (Filer confirms contact info in ECF is current.) (Bueno, Kimberly) |
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Filing 102
ORDER: Before the Court are Defendant's Motion for Summary Judgment (ECF No. #57 ), filed August 13, 2019, and Plaintiff's Response (ECF No. #64 ), filed August 29, 2019. After reviewing the briefing, relevant facts, and applicable law, the Court finds that the Motion should be DENIED in part and DENIED as moot in part. (Ordered by Judge Reed C. O'Connor on 12/22/2020) (mmw)
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| Filing 101 Joint STATUS REPORT filed by Blake Cox. (Attachments: #1 Exhibit(s) Ex. A, #2 Exhibit(s) Ex. B, #3 Exhibit(s) Ex. C, #4 Exhibit(s) Ex. D, #5 Exhibit(s) Ex. E, #6 Exhibit(s) Ex. F, #7 Exhibit(s) Ex. G, #8 Exhibit(s) Ex. H, #9 Exhibit(s) Ex. I, #10 Exhibit(s) Ex. J, #11 Exhibit(s) Ex. K, #12 Exhibit(s) Ex. L, #13 Exhibit(s) Ex. M, #14 Exhibit(s) Ex. N, #15 Exhibit(s) Ex. O, #16 Exhibit(s) Ex. P, #17 Exhibit(s) Ex. Q, #18 Exhibit(s) Ex. R, #19 Exhibit(s) Ex. S, #20 Exhibit(s) Ex. T, #21 Exhibit(s) Ex. U) (Perdue, Jim) |
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Filing 100
ORDER: Before the Court is the Joint Motion for an Extension of Time (ECF No. #99 ). Noting that the parties' diligence to compile a summary will aid the Court substantially in timely resolution of this dispute and the motion to extend the deadline is agreed upon, the Motion is GRANTED. The deadline for the summary is extended to December 14, 2020. (Ordered by Judge Reed C. O'Connor on 11/24/2020) (mmw)
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| Filing 99 Joint MOTION for Extension of Time to File Joint Report filed by Blake Cox (Perdue, Jim) |
| Filing 98 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Blake Cox. (Perdue, Jim) |
| Filing 97 NOTICE of Attorney Appearance by James Lee Mitchell on behalf of Blake Cox. (Filer confirms contact info in ECF is current.) (Mitchell, James) |
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Filing 96
ORDER: The Court sets this matter for trial on its four-week docket for July 12, 2021, before Judge Reed C. O'Connor. The Court requests the parties briefing on the remaining issues to be resolved in the pending motion for summary judgment and pending expert objections no later than November 30, 2020. (Ordered by Judge Reed C. O'Connor on 11/5/2020) (mmw)
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| Filing 95 Joint STATUS REPORT Regarding Proposed Trial Dates filed by Ethicon, Inc., Johnson & Johnson. (Cowan, Christopher) |
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Filing 94
ORDER: Having considered the #92 Motion, the Court believes it should be GRANTED. The clerk is directed to substitute Christopher R. Cowan as lead counsel and withdrawal the following attorneys: William Gage, Christy Jones, David Thomas, Kari Sutherland, Susan Robinson, Philip Combs, Ashley Stubbs, and Michael Hewes. (Ordered by Judge Reed C. O'Connor on 10/27/2020) (mmw)
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| Filing 93 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ethicon, Inc., Johnson & Johnson. (Cowan, Christopher) |
| Filing 92 Unopposed MOTION to Substitute Attorney, added attorney Christopher Robert Cowan. Motion filed by Johnson & Johnson, Ethicon, Inc. (Attachments: #1 Proposed Order) (Cowan, Christopher) |
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Filing 91
ORDER: Lead counsel for each party shall confer as soon as practicable to consider trial dates. The Joint Report shall be filed on or before November 4, 2020. (Ordered by Judge Reed C. O'Connor on 10/26/2020) (bdb)
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| Filing 90 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 89 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 88 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 87 New Case Notes: A filing fee has been paid. File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (bdb) |
| Filing 86 Case electronically transferred in from District of West Virginia Southern; Case Number 2:12-cv-06096. 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 85 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF (2650) Mem Op and Order - Daubert Mtn re Christina Pramudji, #2 Exhibit ECF (2682) Mem Op and Order - Daubert Mtn re Jaime Sepulveda-Toro, #3 Exhibit ECF (2695) Mem Op and Order - Daubert Mtn re Juan Carlos Felix, #4 Exhibit ECF (2723) Mem Op and Order - Daubert Mtn re Shelby Thames, #5 Exhibit ECF (2728) Mem Op and Order - Daubert Mtn re Salil Khandwala, #6 Exhibit ECF (3536) Order Adopting Mem Op and Order - Daubert ruling re Timothy Ulatowski)(Perdue, Jim) (Modified on 10/22/2020 to add party filers) (mkw). [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 84 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF (2668) Mem Opinion and Order - Daubert Mtn re Rosenzweig, #2 Exhibit ECF (3532) Order Adopting Mem Op and Order - Daubert ruling re Rosenzweig, #3 Exhibit ECF (4186) Order Adopting Mem Op and Order - Daubert ruling re Rosenzweig, #4 Exhibit ECF (5149) Order Adopting Mem Op and Order - Daubert ruling re Rosenzweig, #5 Exhibit ECF (6393) Order Adopting Mem Op and Order - Daubert ruling re Rosenzweig, #6 Exhibit ECF (6408) Order Adopting Mem Op and Order - Daubert ruling re Rosenzweig, #7 Exhibit ECF (6519) Order Adopting Mem Op and Order - Daubert ruling re Rosenzweig, #8 Exhibit ECF (6615) Order Adopting Mem Op and Order - Daubert ruling re Rosenzweig)(Perdue, Jim) (Modified on 10/22/2020 to add party filers) (mkw). [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 83 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF (3544) Mem Op and Order - Daubert Mtn re Paul J. Michaels, #2 Exhibit ECF (3760) Order Adopting Mem Op and Order - Daubert mtn re Paul J. Michaels, #3 Exhibit ECF (4179) Order Adopting Mem Op and Order - Daubert ruling re Paul J. Michaels, #4 Exhibit ECF (6296) Order Adopting Mem Op and Order - Daubert ruling re Paul J. Michaels, #5 Exhibit ECF (6360) Order Adopting Mem Op and Order - Daubert ruling re Paul J. Michaels, #6 Exhibit ECF (6467) Order Adopting Mem Op and Order - Daubert ruling re Paul J. Michaels)(Perdue, Jim) (Modified on 10/22/2020 to add party filers) (mkw). [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 82 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF (2646) Mem Opinion and Order - Daubert Mtn re Jimmy Mays, #2 Exhibit ECF (3514) Order Adopting Mem Opinion and Order - Daubert ruling re Jimmy Mays, #3 Exhibit ECF (4185) Order Adopting Mem Opinion and Order - Daubert ruling re Jimmy Mays, #4 Exhibit ECF (6271) Order Adopting Mem Opinion and Order - Daubert ruling re Jimmy Mays, #5 Exhibit ECF (6459) Order Adopting Mem Opinion and Order - Daubert ruling re Jimmy Mays, #6 Exhibit ECF (6530) Order Adopting Mem Opinion and Order - Daubert ruling re Jimmy Mays)(Perdue, Jim) (Modified on 10/22/2020 to add party filers) (mkw). [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 81 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #69 CONTINUED, MDL ECF (2060) - Pls' Mot to Exclude Timothy Ulatowski, #2 Exhibit MDL ECF (2065) - Pls' Mem in Support of Mot to Exclude Timothy Ulatowski, #3 Exhibit MDL ECF (2134) - Defs' Resp to Mot to Exclude Timothy Ulatowski, #4 Exhibit MDL ECF (2232) - Pls' Reply in Support of Mot to Exclude Timothy Ulatowski, #5 Exhibit MDL ECF (7346) Notice of Adoption of Pls' Mot to Exclude Timothy Ulatowski, #6 Exhibit MDL ECF (2910) Defs Supp Resp and Notice of Adoption of Resp Regarding Timothy Ulatowski, #7 Exhibit MDL ECF (8529) Notice of Adoption of Pls' Mot to Exclude Timothy Ulatowski, #8 Exhibit MDL ECF (8623) - Notice of Adoption of Defs' Resp to Mot to Exclude Timothy Ulatowski)(Gage, William) (Modified on 10/21/2020 to add party filer) (mkw). [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 80 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #69 CONTINUED, MDL ECF (2039) - Pls' Mot to Exclude Shelby Thames, #2 Exhibit MDL ECF (2042) - Pls' Mem in Support of Mot to Exclude Shelby Thames, #3 Exhibit MDL ECF (2187) - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #4 Exhibit MDL ECF (2247) - Pls' Reply in Support of Mot to Exclude Shelby Thames, #5 Exhibit MDL ECF (2455) Part 1 - Pls' Mot to Exclude Shelby Thames, #6 Exhibit MDL ECF (2455) Part 2 - Pls' Mot to Exclude Shelby Thames, #7 Exhibit MDL ECF (2458) - Pls' Mem in Support of Mot to Exclude Shelby Thames, #8 Exhibit MDL ECF (2553) Part 1 - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #9 Exhibit MDL ECF (2553) Part 2 - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #10 Exhibit MDL ECF (2553) Part 3 - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #11 Exhibit MDL ECF (2621) - Pls' Reply in Support of Mot to Exclude Shelby Thames, #12 Exhibit MDL ECF (2839) Part 1 - Pls' Mot to Exclude Shelby Thames, #13 Exhibit MDL ECF (2839) Part 2 - Pls' Mot to Exclude Shelby Thames, #14 Exhibit MDL ECF (2841) - Pls' Mem in Support of Mot to Exclude Shelby Thames, #15 Exhibit MDL ECF (2957) - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #16 Exhibit MDL ECF (3037) - Pls' Reply in Support of Mot to Exclude Shelby Thames, #17 Exhibit MDL ECF (8071) Pls' Mot to Exclude Shelby Thames, #18 Exhibit MDL ECF (8073) Pls' Mem in Support of Mot to Exclude Shelby Thames, #19 Exhibit MDL ECF (8557) Notice of Adoption of Pls' Mot to Exclude Shelby Thames, #20 Exhibit MDL ECF (8644) - Notice of Adoption of Defs' Resp to Mot to Exclude Shelby Thames)(Gage, William) (Modified on 10/21/2020 to add party filer) (mkw). [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 79 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #69 CONTINUED, MDL ECF (2014) - Pls' Mot to Exclude Jaime Sepulveda-Toro, #2 Exhibit MDL ECF (2018) - Pls' Mem in Support of Mot to Exclude Jaime Sepulveda-Toro, #3 Exhibit MDL ECF (2225) - Pls' Reply in Support of Mot to Exclude Jaime Sepulveda-Toro, #4 Exhibit MDL ECF (2138) Part 1 - Defs' Resp to Pls' Mot to Exclude Jamie Sepulveda-Toro, #5 Exhibit MDL ECF (2138) Part 2 - Defs' Resp to Pls' Mot to Exclude Jamie Sepulveda-Toro, #6 Exhibit MDL ECF (2138) Part 3 - Defs' Resp to Pls' Mot to Exclude Jamie Sepulveda-Toro, #7 Exhibit MDL ECF (2508) Part 1 - Defs' Resp to Pls' Mot to Exclude Jaime Sepulveda-Toro, #8 Exhibit MDL ECF (2508) Part 2 - Defs' Resp to Pls' Mot to Exclude Jaime Sepulveda-Toro, #9 Exhibit MDL ECF (2508) Part 3 - Defs' Resp to Pls' Mot to Exclude Jaime Sepulveda-Toro, #10 Exhibit MDL ECF (2929) - Defs' Resp to Pls' Mot to Exclude Jaime Sepulveda-Toro, #11 Exhibit MDL ECF (4495) - Defs' Resp to Pls' Mot to Exclude Jaime Sepulveda-Toro, #12 Exhibit MDL ECF (8509) - Notice of Adoption of Pls' Mot to Exclude Jaime Sepulveda-Toro, #13 Exhibit MDL ECF (8646) - Notice of Adoption of Defs' Resp to Mot to Exclude Jaime Sepulveda-Toro)(Gage, William) (Modified on 10/21/2020 to add party filer) (mkw). [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 78 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #69 CONTINUED, MDL ECF (2035) - Pls' Mot to Exclude Christina Pramudji, #2 Exhibit MDL ECF (2037) - Pls' Mem in Support of Mot to Exclude Christina Pramudji, #3 Exhibit MDL ECF (2153) - Defs' Resp to Pls' Mot to Exclude Christina Pramudji, #4 Exhibit MDL ECF (2236) - Pls' Reply in Support of Mot to Exclude Christina Pramudji, #5 Exhibit MDL ECF (2530) - Defs' Resp to Pls' Mot to Exclude Christina Pramudji, #6 Exhibit MDL ECF (8501) - Notice of Adoption of Pls' Mot to Exclude Christina Pramudji, #7 Exhibit MDL ECF (8614) - Notice of Adoption of Defs' Resp Regarding Christina Pramudji)(Gage, William) (Modified on 10/21/2020 to add party filer) (mkw). [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 77 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #69 CONTINUED, MDL ECF (2003) - Pls' Mot to Exclude Salil Khandwala, #2 Exhibit MDL ECF (2004) Pls Mem in Support of Mot to Exclude Salil Khandwala, #3 Exhibit MDL ECF (2175) - Defs' Resp to Pls' Mot to Exclude Salil Khandwala, #4 Exhibit MDL ECF (2240) - Pls' Reply in Support of Mot to Exclude Salil Khandwala, #5 Exhibit MDL ECF (2469) Pls Amended Mot to Exclude Salil Khandwala, #6 Exhibit MDL ECF (2470) Pls Amended Mem in Support of Mot to Exclude Salil Khandwala, #7 Exhibit MDL ECF (2618) - Pls' Reply in Support of Mot to Exclude Salil Khandwala, #8 Exhibit MDL ECF (2925) Defs Resp to Pls' Mot to Exclude Salil Khandwala, #9 Exhibit MDL ECF (8494) - Notice of Adoption of Pls' Mot to Exclude Salil Khandwala, #10 Exhibit MDL ECF (8634) - Notice of Adoption of Defs' Resp Regarding Salil Khandwala)(Gage, William) (Modified on 10/21/2020 to add party filer) (mkw). [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 76 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #69 CONTINUED, MDL ECF (2063) Part 1 - Pls' Mot to Exclude Juan Carlos Felix, #2 Exhibit MDL ECF (2063) Part 2 - Pls' Mot to Exclude Juan Carlos Felix, #3 Exhibit MDL ECF (2069) - Pls' Mem in Support of Mot to Exclude Juan Carlos Felix, #4 Exhibit MDL ECF (2184) Part 1 Defs Resp to Pls' Mot to Exclude Juan Carlos Felix, #5 Exhibit MDL ECF (2184) Part 2 Defs Resp to Pls' Mot to Exclude Juan Carlos Felix, #6 Exhibit MDL ECF (2255) - Pls' Reply in Support of Mot to Exclude Juan Carlos Felix, #7 Exhibit MDL ECF (8481) - Notice of Adoption of Pls' Mot to Exclude Juan Carlos Felix, #8 Exhibit MDL ECF (8608) - Notice of Adoption of Defs' Resp to Mot to Exclude Juan Carlos Felix)(Gage, William) (Modified on 10/21/2020 to add party filer) (mkw). [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 75 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #69 CONTINUED, MDL ECF (2943) - Pls' Resp to Defs' Mot to Exclude Anne Wilson, #2 Exhibit MDL ECF (3025) Defs Reply in Support of Mot to Exclude Anne Wilson, #3 Exhibit MDL ECF (8536) - Notice of Adoption of Defs' Mot to Exclude Anne Wilson, #4 Exhibit MDL ECF (8605) - Notice of Adoption of Pls' Resp to Mot to Exclude Anne Wilson)(Gage, William) (Modified on 10/21/2020 to add party filer) (mkw). [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 74 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #69 CONTINUED, MDL ECF (2083) Part 1 - Defs' Mot to Exclude Anne Wilson, #2 Exhibit MDL ECF (2083) Part 2 - Defs' Mot to Exclude Anne Wilson, #3 Exhibit MDL ECF (2083) Part 3 - Defs' Mot to Exclude Anne Wilson, #4 Exhibit MDL ECF (2083) Part 4 - Defs' Mot to Exclude Anne Wilson, #5 Exhibit MDL ECF (2083) Part 5 - Defs' Mot to Exclude Anne Wilson, #6 Exhibit MDL ECF (2083) Part 6 - Defs' Mot to Exclude Anne Wilson, #7 Exhibit MDL ECF (2083) Part 7 - Defs' Mot to Exclude Anne Wilson, #8 Exhibit MDL ECF (2083) Part 8 - Defs' Mot to Exclude Anne Wilson, #9 Exhibit MDL ECF (2083) Part 9 - Defs' Mot to Exclude Anne Wilson, #10 Exhibit MDL ECF (2083) Part 10 - Defs' Mot to Exclude Anne Wilson, #11 Exhibit MDL ECF (2083) Part 11 - Defs' Mot to Exclude Anne Wilson, #12 Exhibit MDL ECF (2083) Part 12 - Defs' Mot to Exclude Anne Wilson, #13 Exhibit MDL ECF (2083) Part 13 - Defs' Mot to Exclude Anne Wilson, #14 Exhibit MDL ECF (2086) - Defs' Mem in Support of Mot to Exclude Anne Wilson, #15 Exhibit MDL ECF (2166) - Pls' Resp to Defs' Mot to Exclude Anne Wilson, #16 Exhibit MDL ECF (2242) - Defs' Reply in Support of Mot to Exclude Anne Wilson, #17 Exhibit MDL ECF (2830) Part 1 Defs Mot to Exclude Anne Wilson, #18 Exhibit MDL ECF (2830) Part 2 Defs Mot to Exclude Anne Wilson, #19 Exhibit MDL ECF (2830) Part 3 Defs Mot to Exclude Anne Wilson, #20 Exhibit MDL ECF (2830) Part 4 Defs Mot to Exclude Anne Wilson, #21 Exhibit MDL ECF (2830) Part 5 Defs Mot to Exclude Anne Wilson, #22 Exhibit MDL ECF (2830) Part 6 Defs Mot to Exclude Anne Wilson, #23 Exhibit MDL ECF (2830) Part 7 Defs Mot to Exclude Anne Wilson, #24 Exhibit MDL ECF (2830) Part 8 Defs Mot to Exclude Anne Wilson, #25 Exhibit MDL ECF (2831) Defs Mem in Support of Mot to Exclude Anne Wilson)(Gage, William) (Modified on 10/21/2020 to add party filer) (mkw). [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 73 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #69 CONTINUED, MDL ECF (5482) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #2 Exhibit MDL ECF (5548) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #3 Exhibit MDL ECF (8541) Notice of Adoption of Defs Mot to Exclude Bruce Rosenzweig, #4 Exhibit MDL ECF (8599) - Notice of Adoption of Pls Resp to Defs Mot to Exclude Bruce Rosenzweig)(Gage, William) (Modified on 10/21/2020 to add party filer) (mkw). [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 72 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #69 CONTINUED, MDL ECF (2049) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #2 Exhibit MDL ECF (2163) Part 1 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #3 Exhibit MDL ECF (2163) Part 2 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #4 Exhibit MDL ECF (2163) Part 3 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #5 Exhibit MDL ECF (2241) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #6 Exhibit MDL ECF (2047) Part 1 - Defs' Mot to Exclude Bruce Rosenzweig, #7 Exhibit MDL ECF (2047) Part 2 - Defs' Mot to Exclude Bruce Rosenzweig, #8 Exhibit MDL ECF (2047) Part 3 - Defs' Mot to Exclude Bruce Rosenzweig, #9 Exhibit MDL ECF (2047) Part 4 - Defs' Mot to Exclude Bruce Rosenzweig, #10 Exhibit MDL ECF (2047) Part 5 - Defs' Mot to Exclude Bruce Rosenzweig, #11 Exhibit MDL ECF (2047) Part 6 - Defs' Mot to Exclude Bruce Rosenzweig, #12 Exhibit MDL ECF (2047) Part 7 - Defs' Mot to Exclude Bruce Rosenzweig, #13 Exhibit MDL ECF (2047) Part 8 - Defs' Mot to Exclude Bruce Rosenzweig, #14 Exhibit MDL ECF (2047) Part 9 - Defs' Mot to Exclude Bruce Rosenzweig, #15 Exhibit MDL ECF (2047) Part 10 - Defs' Mot to Exclude Bruce Rosenzweig, #16 Exhibit MDL ECF (2047) Part 11 - Defs' Mot to Exclude Bruce Rosenzweig, #17 Exhibit MDL ECF (2047) Part 12 - Defs' Mot to Exclude Bruce Rosenzweig, #18 Exhibit MDL ECF (2047) Part 13 - Defs' Mot to Exclude Bruce Rosenzweig, #19 Exhibit MDL ECF (2047) Part 14 - Defs' Mot to Exclude Bruce Rosenzweig, #20 Exhibit MDL ECF (2817) - Defs' Mot to Exclude Bruce Rosenzweig, #21 Exhibit MDL ECF (2818) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #22 Exhibit MDL ECF (2931) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #23 Exhibit MDL ECF (3024) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #24 Exhibit MDL ECF (5332) - Defs' Mot to Exclude Bruce Rosenzweig, #25 Exhibit MDL ECF (5333) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig)(Gage, William) (Modified on 10/21/2020 to add party filer) (mkw). [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 71 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #69 CONTINUED, MDL ECF (2436) Part 1 - Defs' Mot to Exclude Paul Michaels, #2 Exhibit MDL ECF (2436) Part 2 - Defs' Mot to Exclude Paul Michaels, #3 Exhibit MDL ECF (2436) Part 3 - Defs' Mot to Exclude Paul Michaels, #4 Exhibit MDL ECF (2436) Part 4 - Defs' Mot to Exclude Paul Michaels, #5 Exhibit MDL ECF (2441) - Defs' Mem in Support of Mot to Exclude Paul Michaels, #6 Exhibit MDL ECF (2555) - Pls' Resp to Defs' Mot to Exclude Paul Michaels, #7 Exhibit MDL ECF (2619) - Defs' Reply in Support of Mot to Exclude Paul Michaels, #8 Exhibit MDL ECF (3663) Part 1 Defs Mot to Exclude Paul Michaels, #9 Exhibit MDL ECF (3663) Part 2 Defs Mot to Exclude Paul Michaels, #10 Exhibit MDL ECF (3663) Part 3 Defs Mot to Exclude Paul Michaels, #11 Exhibit MDL ECF (3666) Defs Mem in Support of Mot to Exclude Paul Michaels, #12 Exhibit MDL ECF (3792) - Pls' Resp to Defs' Mot to Exclude Paul Michaels, #13 Exhibit MDL ECF (3814) - Defs' Reply in Support of Mot to Exclude Paul Michaels, #14 Exhibit MDL ECF (8523) - Notice of Adoption of Defs' Mot to Exclude Paul Michaels, #15 Exhibit MDL ECF (8592) - Notice of Adoption of Pls' Resp to Mot to Exclude Paul Michaels)(Gage, William) (Modified on 10/21/2020 to add party filer) (mkw). [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 70 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #69 CONTINUED, MDL ECF (2071) Part 1 - Defs Mot to Exclude Jimmy Mays, #2 Exhibit MDL ECF (2071) Part 2 - Defs Mot to Exclude Jimmy Mays, #3 Exhibit MDL ECF (2071) Part 3 - Defs Mot to Exclude Jimmy MaysMDL ECF (2071) Part 1 - Defs Mot to Exclude Jimmy Mays, #4 Exhibit MDL ECF (2074) - Defs' Mem in Support of Mot to Exclude Jimmy Mays, #5 Exhibit MDL ECF (2144) - Pls' Resp to Defs' Mot to Exclude Jimmy Mays, #6 Exhibit MDL ECF (2209) - Defs' Reply in Support of Mot to Exclude Jimmy Mays, #7 Exhibit MDL ECF (3031) - Defs' Reply in Support of Mot to Exclude Jimmy Mays, #8 Exhibit MDL ECF (3642) Part 1 - Defs' Mot to Exclude Jimmy Mays, #9 Exhibit MDL ECF (3642) Part 2 - Defs' Mot to Exclude Jimmy Mays, #10 Exhibit MDL ECF (3647) - Defs' Mem in Support of Mot to Exclude Jimmy Mays, #11 Exhibit MDL ECF (3751) - Pls' Resp to Defs' Mot to Exclude Jimmy Mays, #12 Exhibit MDL ECF (3847) - Defs' Reply in Support of Mot to Exclude Jimmy Mays, #13 Exhibit MDL ECF (8521) - Notice of Adoption of Defs' Mot to Exclude Jimmy Mays, #14 Exhibit MDL ECF (8591) - Notice of Adoption of Pls' Resp to Mot to Exclude Jimmy Mays)(Gage, William) (Modified on 10/21/2020 to add party filer) (mkw). [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 69 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF (238) First Amended Master Long Form Complaint, #2 Exhibit MDL ECF (239) Master Answer of Ethicon, Inc. to First Amended Master Complaint, #3 Exhibit MDL ECF (241) Master Answer of Johnson & Johnson to First Amended Master Complaint, #4 Exhibit MDL ECF (262) - Short Form Complaint, #5 Exhibit MDL ECF (263) Amended Short Form Complaint)(Gage, William) (Modified on 10/21/2020 to add party filer) (mkw). [Transferred from West Virginia Southern on 10/23/2020.] |
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Filing 68
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 10/23/2020 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 10/22/2020 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 10/9/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (kew) [Transferred from West Virginia Southern on 10/23/2020.]
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| Filing 67 REPLY BRIEF by Blake Cox to #63 Response In Opposition. (Perdue, Jim) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 66 REPLY by Ethicon, Inc., Johnson & Johnson to #64 Response In Opposition. (Attachment: #1 Exhibit D)(Gage, William) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 65 RESPONSE by Blake Cox in opposition to #59 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson and Memorandum to Exclude Certain Case-Specific Opinions of Bruce Rosenzweig, M.D. (Attachments: #1 Exhibit)(Perdue, Jim) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 64 RESPONSE by Blake Cox in opposition to #57 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Perdue, Jim) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 63 RESPONSE by Ethicon, Inc., Johnson & Johnson in opposition to #60 MOTION by Blake Cox to Exclude Case Specific Opinions and Testimony of Christina Pramudji, M.D. (Attachment: #1 Exhibit 1)(Gage, William) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 62 AMENDED NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Bruce Rosenzweig, M.D. on 9/16/2019 at 8:30 a.m. (Gage, William) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 61 MEMORANDUM by Blake Cox in support of #60 MOTION by Blake Cox to Exclude Case Specific Opinions and Testimony of Christina Pramudji, M.D. (Attachment: #1 Exhibit)(Perdue, Jim) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 60 MOTION by Blake Cox to Exclude Case Specific Opinions and Testimony of Christina Pramudji, M.D. (Perdue, Jim) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 59 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson and Memorandum to Exclude Certain Case-Specific Opinions of Bruce Rosenzweig, M.D. (Attachment: #1 Exhibit A)(Gage, William) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 58 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #57 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment. (Gage, William) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 57 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Gage, William) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 56 NOTICE OF VIDEOTAPED DEPOSITION by Ethicon, Inc., Johnson & Johnson of Friends and Family on TBD at TBD (Stubbs, Ashley) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 55 AMENDED NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Bruce Rosenzweig, M.D. on 7/20/19 at 9:00 a.m. (Gage, William) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 54 AMENDED NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Bruce Rosenzweig, M.D. on 7/20/19 at 9:00 a.m. (Gage, William) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 53 NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Bruce Rosenzweig, M.D. on 8/1/2019 at 9:00 a.m. (Gage, William) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 52 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Amended Designation and Disclosure of General and Case Specific Expert Witnesses and Defendants Non-Retained Expert Disclosures. (Gage, William) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 51 CERTIFICATE OF SERVICE by Blake Cox for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Perdue, Jim) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 50 CERTIFICATE OF SERVICE by Ethicon, Inc. for Objections and Responses to Plaintiff's First Set of Interrogatories, Requests for Production and Requests for Admissions. (Stubbs, Ashley) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 49 AMENDED SHORT FORM COMPLAINT filed by Blake Cox against Ethicon, Inc., Johnson & Johnson. (Attachment: #1 Civil Cover Sheet)(Perdue, Jim) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 48 AMENDED NOTICE OF VIDEOTAPED DEPOSITION by Ethicon, Inc., Johnson & Johnson of Blake Cox on April 12, 2019 at 1:00 p.m. (Stubbs, Ashley) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 47 AMENDED NOTICE OF VIDEOTAPED DEPOSITION by Ethicon, Inc., Johnson & Johnson of Blake Cox on April 12, 2019 at 1:00 p.m. (Stubbs, Ashley) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 46 NOTICE OF VIDEOTAPED DEPOSITION by Ethicon, Inc., Johnson & Johnson of Blake Cox on April 12, 2019 at 2:00 p.m. (Stubbs, Ashley) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 45 AMENDED NOTICE OF VIDEOTAPED DEPOSITION by Ethicon, Inc., Johnson & Johnson of Michael England, MD on 05/24/2019 at 1:00 pm CDT (Attachments: #1 Exhibit Pretrial Order #38 (Deposition Protocol), #2 Exhibit Subpoena to Michael England, MD to Testify at a Deposition in a Civil Action)(Hewes, Michael) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 44 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael B. Hewes on behalf of Ethicon, Inc., Johnson & Johnson. (Hewes, Michael) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 43 CERTIFICATE OF SERVICE by Blake Cox for Plaintiff's First Set of Interrogatories, Requests for Admission and Requests for Production to Defendant. (Perdue, Jim) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 42 CERTIFICATE OF SERVICE by Ethicon, Inc. for Ethicon, Inc.'s First Set of Interrogatories, Requests for Admission, and Requests for Production to Plaintiff. (Stubbs, Ashley) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 41 NOTICE to Withdraw Certificate of Service for Ethicon, Inc.'s First Set of Interrogatories, Request for Admissions, and Request for Production by Ethicon, Inc., Johnson & Johnson re: #40 Certificate of Service. (Stubbs, Ashley) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 40 CERTIFICATE OF SERVICE by Ethicon, Inc. for Ethicon, Inc.'s First Set of Interrogatories, Requests for Admission, and Requests for Production. (Stubbs, Ashley) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 39 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 10/23/2020.] |
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Filing 38
PRETRIAL ORDER # 328 (Docket Control Order - Ethicon, Inc. Wave 11 Cases) The cases on Exhibit A are: 1. removed from the pending inactive docket; and 2. placed on the active docket. As to the cases on Exhibits A and B: 1. The cases are no longer eligible for return to the inactive docket nor may notices of settlement be filed to relieve the parties from scheduling deadlines; 2. To the extent other defendants, in addition to Ethicon, Inc. and Johnson & Johnson, are named in the cases on Exhibits A and B, the deadlines below also apply to them; 3. The Clerk will file this Docket Control Order in the main MDL and, as of the time of that filing in the main MDL, every case listed on Exhibits A and B (hereinafter referred to as "Wave 11 cases") becomes subject to the deadlines in this Docket Control Order.; and 4. The following deadlines immediately apply in all Ethicon Wave 11 cases with one important exception. If any of the cases on any exhibit were previously on a docket control order and dispositive and Daubert deadlines had passed before such cases became inactive, the parties may not file or refile dispositive or Daubert motions without first seeking leave of court for good cause shown. A. SCHEDULING DEADLINES.. The following deadlines shall apply in all Ethicon Wave 11 cases: Plaintiff Fact Sheets due 02/15/2019; Defendant Fact Sheets due 02/22/2019; Deadline for written discovery requests due 03/25/2019; Expert disclosures served by plaintiffs due 05/24/2019; Expert disclosure served by defendants due 06/24/2019; Expert disclosure served for rebuttal due 07/01/2019; Deposition deadline and close of discovery due 08/01/2019; Filing of dispositive motions due 08/14/2019; Response to dispositive motions due 08/28/2019; Reply to response to dispositive motions due 09/04/2019; Filing of Daubert motions due 08/14/2019; Responses to Daubert motions due 08/29/2019; Reply to response to Daubert motions due 09/05/2019. B. MOTION PRACTICE. 3. Confidential Documents. Any consolidated motion to seal is due on or before 6/27/2019, and any response is due by 7/11/2019. Any reply is due by 7/18/2019. The court expects full compliance with Local Rule of Civil Procedure 26.4(c). C. CASES READY FOR TRANSFER, REMAND OR TRIAL 1. Venue Recommendations. By no later than 7/8/2019, 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 7/15/2019. Signed by Judge Joseph R. Goodwin on 2/4/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 11 cases identified on Exhibits A and B) (mek) (ADI) [Transferred from West Virginia Southern on 10/23/2020.]
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Filing 37
ORDER (CHANGE TO CHARACTERIZATION BY CLERK'S OFFICE OF CASES ON INACTIVE DOCKET) It is directed that in all cases with an inactive docket order which resulted in "Closed" and "MDL Ethicon Inactive" flags on the docket sheet, the Clerk is directed to update the docket by removing the "Closed" flag from the docket sheet and leaving the "MDL Ethicon Inactive" flag, for reasons set forth herein. Signed by Judge Joseph R. Goodwin on 4/26/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Member Cases Flagged "Closed" and "MDL Ethicon Inactive") (brn) (ADI) [Transferred from West Virginia Southern on 10/23/2020.]
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Filing 36
ORDER The deadline to submit joint motions of dismissal is extended to 8/31/2018 for all cases in MDL 2327 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2327 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 3/16/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on inactive docket) (brn) (ADI) [Transferred from West Virginia Southern on 10/23/2020.]
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Filing 35
ORDER The deadline to submit joint motions of dismissal is extended to 3/31/2018 for all cases in MDL 2327 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2327 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 10/19/2017. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on inactive docket) (st) [Transferred from West Virginia Southern on 10/23/2020.]
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Filing 34
INACTIVE DOCKET ORDER: The court has been advised that the plaintiff(s) and Ethicon, Inc. have reached a settlement with regard to Ethicon. All discovery deadlines are continued until further order of the court. The Clerk is directed to retire this case from the active docket. Plaintiff(s) and Ethicon may submit an agreed order of dismissal with prejudice on or before 10/31/2017; if settlements are not finalized and dismissal orders are not submitted by then the Court will have a hearing to determine the appropriate action pertaining to any remaining cases on the inactive docket. Counsel for plaintiffs and defendant(s) are directed to provide quarterly reports as to their progress in dismissing cases on the inactive docket. The court will reinstate the case to the active docket if one of the parties shows good cause for such reinstatement. This Order is related to the Proposed Inactive Docket Order filed at ECF No. 4429 in MDL Case No. 2327 Ethicon. Signed by Judge Joseph R. Goodwin on 9/27/2017. (cc: attys; any unrepresented party) (pma) [Transferred from West Virginia Southern on 10/23/2020.]
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Filing 33
ORDER The Motion by Ethicon, Inc., Johnson & Johnson to Compel Discovery or, in the Alternative, to Exclude Certain Opinion Testimony filed in MDL 2327 is GRANTED, in part, and DENIED, in part; Plaintiffs are hereby ORDERED to collect and produce to the defendants certain information set forth herein pertaining to the article entitled "Oxidation and Degradation of Polypropylene Transvaginal Mesh," relied upon by Dr. Guelcher; With respect to Defendants' motion that they be permitted to take a supplemental deposition of Dr. Guelcher to question him about the raw data, the motion is DENIED. Furthermore, Defendants' motion to preclude Dr. Guelcher from offering opinions or testimony based upon the above-mentioned article is likewise DENIED, as it is moot. Signed by Magistrate Judge Cheryl A. Eifert on 9/26/2017. (cc: attys) (REF: MDL 2327; Wave 5 Cases) (jld) [Transferred from West Virginia Southern on 10/23/2020.]
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Filing 32
PRETRIAL ORDER #270 (ORDER RE: STIPULATIONS EXTENDING DISCOVERY) After a cursory review of many individual cases in the Ethicon MDL, the court notes that the parties have attempted to stipulate a change in the court's Docket Control Orders setting deadlines for discovery. The parties cannot extend court ordered discovery deadlines past the date set for completion of discovery without approval from the court. Fed. R. Civ. P. Rule 29(b); see Fed. R. Civ. P. Rule 16(b)(4). Here, the parties are repeatedly attempting to stipulate to delay the completion of discovery, which affects other deadlines in the Docket Control Orders, such as the deadline for filing dispositive motions and the deadline for filing Daubert motions. Under Local Rule 16.1(f)(3), the court is not required to, nor does it, recognize stipulations purporting to extend the discovery deadlines past the close of discovery. See LR Civ. P. 16.1(f)(3). Therefore, all such stipulations filed in the Ethicon MDL which are inconsistent with Local Rule 16.1(f)(3) are INEFFECTUAL and VOID. Such stipulations undermine the policy goals of the MDL, including convenience of the parties, efficiency of the pretrial proceedings, and consistency on related issues. The parties are DIRECTED to cease filing such stipulations purporting to extend the discovery deadlines contrary to Local Rule 16.1(f)(3). When the parties seek an extension of discovery deadlines past the date set for the completion of discovery in the Docket Control Order, they must do so by motion in the individual case. The Docket Control Orders are plain that the only discovery permitted after the close of discovery are depositions of the plaintiff's friends and family members, and only if such depositions are requested before the discovery deadline. Those orders remain unaffected. Modifications of the discovery schedule may be considered, for good cause shown. Fed. R. Civ. P. 16(b)(4); see, e.g., PTO #251 at A.2.f. Good cause does not include mere agreement of the parties. Signed by Judge Joseph R. Goodwin on 9/13/2017. (cc: Clerk of the JPMDL Panel; attys) (REF: MDL 2327; Ethicon Wave 1, 2, 3, 4, 5, 6, and 7 Cases) (st) [Transferred from West Virginia Southern on 10/23/2020.]
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Filing 31
PRETRIAL ORDER # 268 (Motion for a Protective Order and Motion for De Bene Esse Deposition) The Motion by Ethicon, Inc. Johnson & Johnson for Protective Order Precluding De Bene Esse Deposition of Plaintiffs' Expert Witness Scott A. Guelcher, PH.D. and Motion for De Bene Esse Deposition of Scott A. Guelcher, PH.D. filed in MDL 2327 are DENIED as to the motion for a protective order and GRANTED as to the motion for leave to conduct a de bene esse deposition of Dr. Guelcher. Signed by Judge Cheryl A. Eifert on 8/9/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2327; Wave 5 Cases) (hkl) [Transferred from West Virginia Southern on 10/23/2020.]
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| Filing 30 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. (Jones, Christy) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 29 CERTIFICATE OF SERVICE by Blake Cox for First Set of Interrogatories, First Request for Production, and Request for Admissions to Defendant. (Perdue, Jim) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 28 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING INDEPENDENT MEDICAL EXAMINATIONS OF PLAINTIFF BLAKE COX by Ethicon, Inc., Johnson & Johnson, Blake Cox (Griffin, Asher) (Modified on 6/1/2017 to correct party filers) (skh). [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 27 CERTIFICATE OF SERVICE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for First Requests for Production, First Requests for Admission, and First Set of Interrogatories to Plaintiff Rudy Cox. (McConnico, Stephen) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 26 CERTIFICATE OF SERVICE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for First Requests for Production, First Requests for Admission, and First Set of Interrogatories to Plaintiff Blake Cox. (McConnico, Stephen) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 25 THIRD AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Philippe Zimmern, M.D. on June 16, 2017 at 2:00 p.m. C.S.T. (McConnico, Stephen) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 24 SECOND AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Philippe Zimmern, M.D. on June 19, 2017 at 2:00 p.m. C.S.T. (McConnico, Stephen) [Transferred from West Virginia Southern on 10/23/2020.] |
| NOTICE OF DOCKET CORRECTION re: #23 Certificate of Service by Blake Cox for Designation and Disclosure of General and Case-Specific Expert Witnesses. ERROR: Incorrect image attached. CORRECTION: Incorrect image removed and replaced with correct image. (skh) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 23 CERTIFICATE OF SERVICE by Blake Cox for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Perdue, Jim) (Modified on 5/23/2017 to remove and replace incorrect image) (skh). [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 22 FIRST AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Michael England, M.D. on June 23, 2017 at 1:00 p.m. C.S.T. (Griffin, Asher) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 21 FIRST AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Philippe Zimmern, M.D. on May 19, 2017 at 2:00 p.m. C.S.T. (McConnico, Stephen) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 20 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Blake Cox on March 27, 2017 at 11:00 a.m. CST. (Bueno, Kimberly) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 19 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Stephen E. McConnico on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (McConnico, Stephen) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 18 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Asher Griffin on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Griffin, Asher) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 17 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jim M. Perdue, Jr for Adam Blake on behalf of Blake Cox. (Perdue, Jim) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 16 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jim M. Perdue, Jr for Don Kidd on behalf of Blake Cox. (Perdue, Jim) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 15 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kimberly Gustafson Bueno on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Bueno, Kimberly) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 14 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Phillippe E. Zimmern on 3/13/2017 at 9:00 a.m. (Jones, Christy) [Transferred from West Virginia Southern on 10/23/2020.] |
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Filing 13
PRETRIAL ORDER # 248 (Docket Control Order - Wave 5 Cases) The cases attached hereto as Exhibit A will be known as "Ethicon Wave 5 cases" and the following deadlines apply: Scheduling Deadlines. Plaintiff Fact Sheets due by 3/22/2017, Defendant Fact Sheets due by 4/22/2017, Deadline for written discovery requests is 6/05/2017, Expert disclosure by plaintiffs due by 5/22/2017, Expert disclosure by defendants due by 6/19/2017, Expert disclosure for rebuttal purposes due by 7/05/2017, Deposition deadline and close of discovery is 7/19/2017, Filing of Dispositive Motions due by 8/08/2017, Response to Dispositive Motions due by 8/22/2017, Reply to response to dispositive motions due by 8/29/2017, Filing of Daubert motions due by 8/15/2017, Responses to Daubert motions due by 8/29/2017, and Reply to response to Daubert motions due by 9/05/2017. 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 courts attention in a consolidated manner as follows: A consolidated motion to seal is due on or before 6/28/2017, any response is due 7/12/2017 and any reply is due 7/19/2017. Venue Recommendations. By no later than 6/30/2017, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall submit joint venue recommendations to the court by 7/10/2017. Signed by Judge Joseph R. Goodwin on 2/21/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2327; Wave 5 Cases Listed on Exhibit A) (kp) [Transferred from West Virginia Southern on 10/23/2020.]
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| Filing 12 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Michael J. England on 03/15/2017 at 9:00 a.m. (Gage, William) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 11 AMENDED SHORT FORM COMPLAINT filed by Blake Cox against Ethicon, Inc., Johnson & Johnson. (Attachment: #1 Civil Cover Sheet)(Perdue, Jim) [Transferred from West Virginia Southern on 10/23/2020.] |
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Filing 10
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) (all) [Transferred from West Virginia Southern on 10/23/2020.]
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| Filing 9 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 10/23/2020.] |
| Filing 8 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 10/23/2020.] |
| 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 10/23/2020.] |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 5 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 10/23/2020.] |
| Filing 4 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 10/23/2020.] |
| Filing 3 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 10/23/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER 16 (Scheduling & Rescheduling Future Status Conferences) entered on 09/26/2012 in MDL 2327 to attorneys in member case. (jap) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2012182. (Attachment: #1 Civil Cover Sheet) (jap) [Transferred from West Virginia Southern on 10/23/2020.] |
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