Hill v. Ethicon, Inc. et al
| Constance Hill |
| Ethicon Inc, Johnson & Johnson and Ethicon LLC |
| 7:2019cv00123 |
| October 30, 2019 |
| US District Court for the Northern District of Texas |
| Reed C O'Connor |
| Torts/Pers Inj: Product Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 17, 2019. A more recent docket listing may be available from PACER.
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| Filing 56 Brief/Memorandum in Support filed by Constance Hill re #53 Order Setting Deadline/Hearing (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F) (Pasquarello, Philip) |
| Filing 55 Brief/Memorandum in Support filed by Ethicon Inc, Johnson & Johnson re #53 Order Setting Deadline/Hearing (Attachments: #1 Exhibit A, #2 Exhibit B) (Cowan, Christopher) |
| Filing 54 Brief/Memorandum in Support filed by Constance Hill re #53 Order Setting Deadline/Hearing (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Additional Page(s) Certificate of Service) (Pasquarello, Philip) |
Filing 53
ORDER: Accordingly, the parties are ORDERED to submit such briefing on or before December 17, 2019. (Ordered by Judge Reed C. O'Connor on 12/3/2019) (skg)
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Filing 52
SCHEDULING ORDER: Discovery due by 5/15/2020. Pretrial Order due by 9/18/2020. This case is set for trial on this Court's four-week docket beginning October 13, 2020 in US Courthouse, Courtroom 222, 1000 Lamar Street, Wichita Falls, TX 76301-3431 before Judge Reed C. O'Connor. (Ordered by Judge Reed C. O'Connor on 12/3/2019) (skg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:52, 53. Tue Dec 3 11:52:37 CST 2019 (crt) |
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Filing 51
ORDER granting #44 Application for Admission Pro Hac Vice of Christopher A. Gomez. 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 11/27/2019) (skg)
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Filing 50
ORDER granting #43 Application for Admission Pro Hac Vice of Philip M. Pasquarello. 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 11/27/2019) (skg)
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Filing 49
ORDER granting #42 Application for Admission Pro Hac Vice of Lee B. Balefsky. 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 11/27/2019) (skg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:49, 50, 51. Wed Nov 27 11:39:11 CST 2019 (crt) |
| Filing 48 Joint STATUS REPORT Regarding Contents of Scheduling Order filed by Ethicon Inc. (Cowan, Christopher) |
| Filing 47 NOTICE of Attorney Appearance by D D'Lyn Davison on behalf of Ethicon Inc, Johnson & Johnson. (Filer confirms contact info in ECF is current.) (Davison, D) |
| Filing 46 NOTICE of Attorney Appearance by Charla G Aldous on behalf of Constance Hill. (Filer confirms contact info in ECF is current.) (Aldous, Charla) |
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Filing 45
ORDER deferring ruling on #42 Application for Admission Pro Hac Vice of Philip M. Pasquarello; deferring ruling on #43 Application for Admission Pro Hac Vice of Philip M. Pasquarello; deferring ruling on #44 Application for Admission Pro Hac Vice of Philip M. Pasquarello. Accordingly, the Court defers ruling on Plaintiff's Applications for Admission Pro Hac Vice until at least one local counsel makes an appearance. (Ordered by Judge Reed C. O'Connor on 11/25/2019) (trt)
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| Filing 44 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-10430100) filed by Constance Hill (Attachments: #1 Proposed Order, #2 Exhibit(s) A)Attorney Christopher A Gomez added to party Constance Hill(pty:pla) (Gomez, Christopher) |
| Filing 43 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-10428303) filed by Constance Hill (Attachments: #1 Proposed Order, #2 Exhibit(s) A). Party Philip M. Pasquarello, Esquire added. (Pasquarello, Philip) |
| Filing 42 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-10426601) filed by Constance Hill (Attachments: #1 Proposed Order, #2 Exhibit(s) A) (Balefsky, Lee) |
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Filing 41
ORDER deferring ruling on #40 Motion to Withdraw as Attorney and to Substitute Attorney. Accordingly, the Court defers ruling on Defendants' motion and ORDERS Defendants to retain local counsel and demonstrate compliance with Local Rule 83.10. (Ordered by Judge Reed C. O'Connor on 11/18/2019) (trt)
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| Filing 40 Unopposed MOTION to Withdraw as Attorney Kari Sutherland, William Gage, Christy D. Jones, David B. Thomas, Philip J. Combs, Susan M. Robinson, and Melissa A. Merk, Unopposed MOTION to Substitute Attorney, added attorney Christopher Robert Cowan,Christopher Robert Cowan for Johnson & Johnson,Christopher Robert Cowan for Ethicon Inc. Motion() filed by Johnson & Johnson, Ethicon Inc (Attachments: #1 Proposed Order Proposed Order) (Cowan, Christopher) |
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Filing 39
Order Unfiling #38 Application for Admission Pro Hac Vice filed by Constance Hill due to the following deficiency: Applicant for admission pro hac vice must "attach to th[e] application an original certificate of good standing issued within the past 90 days from the attorney licensing authority in a state in which [the applicant is] admitted to practice." (Ordered by Judge Reed C. O'Connor on 11/13/2019) (skg)
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| Filing 38 ***UNFILED PER ORDER #39 *** Application for Admission Pro Hac Vice filed by lead counsel Philip M Pasquarello for Plaintiff Constance Hill. (Attachments: #1 Proposed Order) (Pasquarello, Philip) Modified event on 11/12/2019 (trt). Modified on 11/13/2019 (skg). |
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Filing 37
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: The Joint Report shall be filed on or before November 29, 2019. (Ordered by Judge Reed C. O'Connor on 10/31/2019) (skg)
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| Filing 36 New Case Notes: A filing fee has been paid. File to: No court file needed. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ray). Clerk to provide copy to plaintiff if not received electronically. (skg) |
| Filing 35 Case electronically transferred in from District of West Virginia Southern; Case Number 2:13-cv-03279. 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. |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:36. Wed Oct 30 16:24:13 CDT 2019 (crt) |
| Filing 34 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 2060-PLAINTIFFS Daubert Motion To Exclude The Opinions Of Fda Expert Timothy Ulatowski, #2 2104- Plaintiffs Motion To Exclude Certain General Opinions Of E. Stanton Shoemaker, M.D. Pt 1, #3 2104-Plaintiffs Motion To Exclude Certain General Opinions Of E. Stanton Shoemaker, M.D. Pt 2, #4 2202-Plaintiffs Response In Opposition To Defendants Motion To Exclude Certain Opinions Of Alan Garely, M.D., #5 2236-Plaintiffs Reply In Further Support Of Their Motion To Exclude Certain Opinions And Testimony Of Christina Pramudji, Md, #6 2255-Plaintiffs Reply To Defendants Response In Opposition To Plaintiffs Daubert Motion To Preclude The Testimony Of Juan C. Felic, M.D., #7 2455-Plaintiffs Motion To Exclude Opinions And Testimony Of Dr. Shelby Thames, #8 2455- Plaintiffs Motion To Exclude Opinions And Testimony Of Dr. Shelby Thames Attachment 1, #9 2458-Memorandum In Support Of Plaintiffs Motion To Exclude Certain Opinions Of Dr. Shelby Thames, #10 2931-Plaintiffs Memorandum In Opposition To Defendants Motion To Exclude Certain General Opinions Of Bruce Rosenzweig, M.D., #11 3767-Plaintiffs Opposition To Defendants Motion To Exclude The Opinions And Testimony Of Prof. Dr. Med. Uwe Klinge, #12 3767- Plaintiffs Opposition To Defendants Motion To Exclude The Opinions And Testimony Of Prof. Dr. Med. Uwe Klingeattachment 1, #13 3767- Plaintiffs Opposition To Defendants Motion To Exclude The Opinions And Testimony Of Prof. Dr. Med. Uwe Klinge Attachment 2, #14 3767- Plaintiffs Opposition To Defendants Motion To Exclude The Opinions And Testimony Of Prof. Dr. Med. Uwe Klinge Attachment 3, #15 2063-Plaintiffs Daubert Motion To Preclude Testimony Of Defense Expert Juan Carlos Felix, M.D., #16 2063- Plaintiffs Daubert Motion To Preclude Testimony Of Defense Expert Juan Carlos Felix, M.D.Attachment 1, #17 2063- Plaintiffs Daubert Motion To Preclude Testimony Of Defense Expert Juan Carlos Felix, M.D.Attachment 2, #18 2063- Plaintiffs Daubert Motion To Preclude Testimony Of Defense Expert Juan Carlos Felix, M.D.Attachment 3, #19 2063- Plaintiffs Daubert Motion To Preclude Testimony Of Defense Expert Juan Carlos Felix, M.D.Attachment 4, #20 2063- Plaintiffs Daubert Motion To Preclude Testimony Of Defense Expert Juan Carlos Felix, M.D.Attachment 5, #21 2063- Plaintiffs Daubert Motion To Preclude Testimony Of Defense Expert Juan Carlos Felix, M.D.Attachment 6, #22 2063- Plaintiffs Daubert Motion To Preclude Testimony Of Defense Expert Juan Carlos Felix, M.D.Attachment 7)(Balefsky, Lee) [Transferred from West Virginia Southern on 10/30/2019.] |
| Filing 33 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 2286 - REPLY Memorandum in Further Support of Defendants' Motion to Exclude Certain Opinions of Alan Garely, M.D., #2 Exhibit ECF 6852 - NOTICE of Adoption of Prior Daubert Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D. Wave 8 5332 , 5333 , 5548 , #3 Exhibit ECF 3626 Segment 1 - MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Limit the Testimony of Prof. Dr. Med. Uwe Klinge in Certain Wave 4 Cases, #4 Exhibit ECF 3626 Segment 2 - MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Limit the Testimony of Prof. Dr. Med. Uwe Klinge in Certain Wave 4 Cases, #5 Exhibit ECF 7123 - NOTICE of Adoption of Prior Daubert Reply Regarding Prof. Dr. Med. Uwe Klinge for Wave 8 by Ethicon, Inc., Johnson & Johnson re: 3855 Reply to Response, #6 Exhibit ECF 3619 A - MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #7 Exhibit ECF 3619 Part 1 - MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #8 Exhibit ECF 3619 Part 2 - MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #9 Exhibit ECF 6875 - MEMORANDUM in Support of Motion to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #10 Exhibit ECF 2105 - Plaintiffs' Memorandum in Support of Motion to Exclude Certain General Opinions of E. Stanton Shoemaker, M.D., #11 Exhibit ECF 2153 - Ethicon's Memorandum in Opposition to Plaintiffs' Motion to Exclude Certain Opinions and Testimony of Christina Pramudji, M.D., #12 Exhibit ECF 2530 - Ethicon's Memorandum in Opposition to Plaintiffs' Motion to Exclude Certain Opinions and Testimony of Christina Pramudji, M.D., #13 Exhibit ECF 2065 - Plaintiffs' Memorandum in Support of Their Daubert Motion to Exclude the Opinions of FDA Expert Timothy Ulatowski, #14 Exhibit ECF 2184 Part 1 - Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Juan C. Felix, M.D., #15 Exhibit ECF 2184 Part 2 - Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Juan C. Felix, M.D., #16 Exhibit ECF 6966 - Notice of Adoption of Prior Daubert Response 2184 Regarding Dr. Juan C. Felix, M.D. for Wave 8)(Robinson, Susan) (Modified on 10/28/2019 to add party filer)(slr). [Transferred from West Virginia Southern on 10/30/2019.] |
| Filing 32 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit (6965) Notice of Adoption of Prior Daubert Response Regarding Timothy Ulatowski Wave 8, #2 Exhibit (7143) NOTICE of Adoption of Prior Daubert Reply of Timothy Ulatowski, M.D. for Wave 8 by All Plaintiffs, #3 Exhibit (2063) P Daubert MTE Dr. Juan Carlos Felix, #4 Exhibit (2069) P Memo in support MTE Dr. Felix, #5 Exhibit (2184) D Response in opposition to MTE Dr. Felix, #6 Exhibit (2255) P reply to D response MTE Dr. Felix, #7 Exhibit (6796) Notice of Adoption Dr. Felix Wave 8, #8 Exhibit (6966) Notice of adoption of Daubert response mte Dr. Felix, #9 Exhibit (7093) P Notice of adoption Daubert reply Dr. Felix, #10 Exhibit (2039) Plaintiffs' Motion to Exclude the Opinions and Testimony of Shelby Thames, #11 Exhibit (2042) MEMO by All Plaintiffs in support of MOTION by All Plaintiffs to Exclude Dr. Shelby Thames, #12 Exhibit (2187) RESPONSE by Ethicon in opposition to Exclude the Opinions and Testimony of Dr. Shelby Thames, #13 Exhibit (2247) REPLY in Support of Plaintiffs Motion to Exclude the Opinions of Dr. Shelby Thames, #14 Exhibit (2455) Plaintiffs' Motion to Exclude Shelby Thames, #15 Exhibit (2458) MEMO by All Plaintiffs in support of MOTION to Exclude Opinions and Testimony of Dr. Shelby Thames, #16 Exhibit (2553) Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby Thames, PH.D. - Part1, #17 Exhibit (2553) Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby Thames, PH.D. - Part1, #18 Exhibit (2553) Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby Thames, PH.D. - Part1, #19 Exhibit (2553) Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby Thames, PH.D. - Part1, #20 Exhibit (2553) Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby Thames, PH.D. - Part1, #21 Exhibit (2621) Reply in support of Motion to Exclude the Opinions of Dr. Shelby Thames, #22 Exhibit (2839) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames - Part1, #23 Exhibit (2839) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames - Part1, #24 Exhibit (2839) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames - Part1, #25 Exhibit (2841) Memo in support of MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames, #26 Exhibit (2957) RESPONSE by Ethicon in Opposition to Plaintiffs_ Motion to Exclude or Limit the Opinions and Testimony of Dr. Shelby Thames, #27 Exhibit (3037) REPLY by ALL Plaintiffs in Support of Motion to Exclude the Opinions of Dr. Shelby Thames, #28 Exhibit (6857) NOTICE of Adoption of Prior Daubert Motion of Shelby Thames for Wave 8 by All Plaintiffs, #29 Exhibit (6972) Notice of Adoption of Prior Daubert Response of Shelby Thames for Wave 8, #30 Exhibit (7113) NOTICE of Adoption of Prior Daubert Reply of Shelby Thames, M.D. for Wave 8 by All Plaintiffs)(Balefsky, Lee) (Modified on 10/28/2019 to add party filers)(slr). [Transferred from West Virginia Southern on 10/30/2019.] |
| Filing 31 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part24, #2 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part25, #3 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part26, #4 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part27, #5 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part28, #6 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part29, #7 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part30, #8 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part311, #9 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part32, #10 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part33, #11 Exhibit (3865) Defendants' Reply in Support of Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D., #12 Exhibit (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part1, #13 Exhibit (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part2, #14 Exhibit (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part3, #15 Exhibit (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part4, #16 Exhibit (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part5, #17 Exhibit (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part6, #18 Exhibit (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part7, #19 Exhibit (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part8, #20 Exhibit (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part9, #21 Exhibit (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part10, #22 Exhibit (7038) NOTICE OF ADOPTION OF PRIOR DAUBERT MOTION AND OPPOSITION TO MOTION TO EXCLUDE VLADIMIR IAKOLEV MD, #23 Exhibit (7045) Plaintiffs' Opposition to Defense Motion to Exclude Opinions and Testimony of Dr. Vladimir Iakolev, #24 Exhibit (7085) Plaintiff's Amended Adoption of Prior Daubert Response and Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev for Wave 8, #25 Exhibit (7183) REPLY in Further Support of Plaintiffs Motion to Exclude Certain Opinions of Vladimir Iakolov, MD, #26 Exhibit (2759) Defendants Motion to Exclude Peggy Pence, PH.D., #27 Exhibit (2760) Defendants Johnson & Johnson and Ethicon Memo in Support of Motion to Exclude Peggy Pence, PH.D., #28 Exhibit (2949) MEMO by ALL Plaintiffs in Opposition to Defendants Motion to Exclude Peggy Pence, Ph.D., #29 Exhibit (3017) REPLY by Ethicon in Support of Motion to Exclude Peggy Pence, PH.D., #30 Exhibit (6821) NOTICE of Adoption of Prior Daubert Motion to Exclude Peggy Pence, Ph.D., for Ethicon Wave 8, #31 Exhibit (6958) NOTICE of Adoption of Prior Daubert Response of Peggy Pence, Ph.D. for Wave 8, #32 Exhibit (7177) NOTICE of Adoption of Prior Reply in Support of Daubert Motion to Exclude Peggy Pence, Ph.D., for Ethicon Wave 8, #33 Exhibit (2104) P mte Dr. Sepulveda, #34 Exhibit (2105) P MTE Dr. Stephen Factor, #35 Exhibit (2239) D response MTE Dr. Stanton Shoemaker, #36 Exhibit (2923) D memo opp MTE Dr. Shoemaker, #37 Exhibit (6853) NOTICE OF ADOPTION OF PRIOR DAUBERT MOTION OF E. STANTON SHOEMAKER, MD, #38 Exhibit (7002) Notice of Adoption of Prior Daubert Responses (2239), (2923) Regarding Stanton Shoemaker, M.D. for Wave 8, #39 Exhibit (2035) P mte Dr. Christina Pramudji, #40 Exhibit (2035) P mte Dr. Christina Pramudji, #41 Exhibit (2153) D response MTE Dr. Pramudji, #42 Exhibit (2236) P reply MTE Dr. Pramudji, #43 Exhibit (2530) D opp memo MTE Dr. Pramudji, #44 Exhibit (6829) NOTICE OF ADOPTION OF PRIOR DAUBERT MOTION OF CHRISTINA PRAMAJUDI, MD, #45 Exhibit (7037) D adoption response MTE Dr. Pramudji, #46 Exhibit (7138) D adoption reply MTE Dr. Pramudji, #47 Exhibit (2060) Plaintiffs' motion to exclude Tim Ulatowski WAVE 1, #48 Exhibit (2065) Plaintiff's Memo in Support of Their Daubert Motion to Exclude the Opinions of FDA Expert Timothy Ulatowski for Wave 8, #49 Exhibit (2134) Response in Opposition to Motion to Exclude Timothy Ulatowski, #50 Exhibit (2232) Plaintiffs_ Reply Brief in Support of Their Daubert Motion to Exclude FDA Expert Timothy Ulatowski, #51 Exhibit (2910) NOTICE OF SUPPLEMENTAL RESPONSE AND NOTICE OF ADOPTION OF PRIOR DAUBERT RESPONSE REGARDING TIMOTHY ULATOWSKI FOR WAVE 3)(Balefsky, Lee) (Modified on 10/28/2019 to add party filers)(slr). [Transferred from West Virginia Southern on 10/30/2019.] |
| Filing 30 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit (238) First Amended Master Long Form Complaint and Jury Demand (Pelvic), #2 Exhibit (239) MASTER ANSWER AND JURY DEMAND OF DEFENDANT ETHICON, INC. TO FIRST AMENDED MASTER COMPLAINT, #3 Exhibit (241) MASTER ANSWER AND JURY DEMAND OF DEFENDANT JOHNSON & JOHNSON TO FIRST AMENDED MASTER COMPLAINT, #4 Exhibit (262) Short Form Complaint, #5 Exhibit (0263) Amended Short Form Complaint, #6 Exhibit (2129) D memo mte Dr. Garely, #7 Exhibit (2202) P response MTE Dr. Garely, #8 Exhibit (2286) D reply MTE Dr. Garely, #9 Exhibit (6844) D adoption MTE Dr. Garely, #10 Exhibit (6924) Notice of Adoption of prior Daubert Response of Alan Garely for Wave 8, #11 Exhibit (2817) D Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #12 Exhibit (2818) Memorandum in Support of Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #13 Exhibit (2931) Plaintiffs memo in opposition to motion to exclude Dr. Rosenzweig, #14 Exhibit (5332) MOTION to Exclude Certain General Opinions of Bruce Rosenzweig, M.D. (Wave 7), #15 Exhibit (5333) MEMO by Ethicon in support of MOTION to Exclude Certain General Opinions of Bruce Rosenzweig, M.D. (Wave 7), #16 Exhibit (5482) MEMO by All Plaintiffs in opposition to MOTION to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #17 Exhibit (5548) REPLY by Ethicon to Memo In Opposition, #18 Exhibit (6852) Adoption of Rosenzweig WAVE 8, #19 Exhibit (6960) - Notice of Adoption of Prior Daubert Response of Bruce Rosenzweig, #20 Exhibit (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part7, #21 Exhibit (3630) MEMORANDUM In Support of Motion to Limit Testimony of Prof. Dr. Med. Uwe Klinge, #22 Exhibit (3767) RESPONSE in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Prof. Dr. Med. Uwe Klinge, #23 Exhibit (3855) REPLY IN SUPPORT of Motion to Limit the Testimony of Prof. Dr. Med. Uwe Klinge by Ethicon, #24 Exhibit (6648) NOTICE of Adoption of Ethicons Motion to Exclude the Opinions and Testimony of Prof. Dr. Med. Uwe Klinge Filed in Wave 4, #25 Exhibit (6833) Amended Notice of Adoption to Exclude Testimony of Uwe Klinge, #26 Exhibit (6926) NOTICE of Adoption of Prior Daubert Response of Prof. Dr. Med. Uwe Klinge for Wave 8, #27 Exhibit (7123) NOTICE of Adoption of Prior Daubert Reply re Dr. Klinge, #28 Exhibit (3621) MEMORANDUM in Support of Motion to Exclude Testimony of Dr. Vladimir Iakovlev, #29 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part1, #30 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part2, #31 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part3, #32 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part4, #33 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part5, #34 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part6, #35 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part7, #36 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part8, #37 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part9, #38 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part10, #39 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part11, #40 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part12, #41 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part13, #42 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part14, #43 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part15, #44 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part16, #45 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part17, #46 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part18, #47 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part19, #48 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part20, #49 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part211, #50 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part22)(Balefsky, Lee) (Modified on 10/28/2019 to add party filers)(slr). [Transferred from West Virginia Southern on 10/30/2019.] |
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Filing 29
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 10/30/2019.]
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| Filing 28 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Exhibit 1 - List of Cases, #2 Exhibit 2 - Letter)(Gage, William) (Modified on 4/30/2019 to remove a terminated party filer) (mk). [Transferred from West Virginia Southern on 10/30/2019.] |
| Filing 27 RESPONSE TO ORDER TO SHOW CAUSE by Constance Hill (Balefsky, Lee) [Transferred from West Virginia Southern on 10/30/2019.] |
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Filing 26
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 10/30/2019.]
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Filing 25
ORDER The court ORDERS that by 4/8/2019 plaintiffs' leadership and counsel for ALL defendants with cases identified on Exhibit A attached hereto are directed to go to the court's website at https://www.wvsd.uscourts.gov/MDL/ethicon/forms.html, complete and jointly submit one copy of the Transfer/Remand Information Spreadsheet in Excel format as found on the court's website to the court at WVSDml_MDL_Transfers@wvsd.uscourts.gov; the parties shall use the Transfer/Remand Information Spreadsheet on the court's website, as it is already partially completed; if the court's docket sheet for any case on Exhibit A indicates that the case has closed prior to or after the entry of this order, the parties are directed to so indicate on the Transfer/Remand Information Spreadsheet and need not complete the requested information on the Spreadsheet; the court cautions that many of these cases name other MDL defendants in addition to the Ethicon defendants; the court expects any necessary coordination from all defendants remaining in the cases on Exhibit A. Signed by Judge Joseph R. Goodwin on 3/26/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (sak) (ADI) [Transferred from West Virginia Southern on 10/30/2019.]
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Filing 24
ORDER Directing that the Stipulation of Dismissal of Defendant Ethicon LLC filed in each case listed in Exhibit A is APPROVED; the Clerk is DIRECTED to dismiss Ethicon LLC in each case in Exhibit A. Signed by Judge Joseph R. Goodwin on 10/25/2018. (cc: counsel of record; any unrepresented party) (kab) [Transferred from West Virginia Southern on 10/30/2019.]
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| Filing 23 OPPOSITION by Constance Hill to #21 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Attachment: #1 Proposed Order)(Balefsky, Lee) [Transferred from West Virginia Southern on 10/30/2019.] |
| Filing 22 MEMORANDUM OF LAW by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in support of #21 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Combs, Philip) [Transferred from West Virginia Southern on 10/30/2019.] |
| Filing 21 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A)(Combs, Philip) [Transferred from West Virginia Southern on 10/30/2019.] |
| Filing 20 NOTICE OF VIDEO DEPOSITIONS by Ethicon, Inc., Johnson & Johnson of Friends and Family: Shawna Nichole Blohm; Jason W. Radloff; Boyd E. Lemons; Glenna Lemons; Cindy Lemons on a date and time to be determined (Robinson, Susan) [Transferred from West Virginia Southern on 10/30/2019.] |
| Filing 19 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Defendants Non-Retained Expert Disclosures. (Gage, William) [Transferred from West Virginia Southern on 10/30/2019.] |
| Filing 18 RETURN OF SERVICE ON SUBPOENA for Dr. James Cawley. (Robinson, Susan) [Transferred from West Virginia Southern on 10/30/2019.] |
| Filing 16 STIPULATION OF DISMISSAL OF DEFENDANT ETHICON LLC With Prejudice by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Constance Hill (Robinson, Susan) (Modified on 6/18/2018 to add party filer)(rmc). [Transferred from West Virginia Southern on 10/30/2019.] |
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Filing 17
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) (pma) [Transferred from West Virginia Southern on 10/30/2019.]
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| Filing 15 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. James Cawley on 7/20/18 at 9:00 a.m. (Robinson, Susan) [Transferred from West Virginia Southern on 10/30/2019.] |
| Filing 14 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production. (Combs, Philip) [Transferred from West Virginia Southern on 10/30/2019.] |
| Filing 13 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Constance Hill on April 5, 2018 at 2:00 p.m. (Robinson, Susan) [Transferred from West Virginia Southern on 10/30/2019.] |
| Filing 12 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Brenda Hill on April 5, 2018 at 9:00 a.m. (Merk, Melissa) [Transferred from West Virginia Southern on 10/30/2019.] |
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Filing 11
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 10/30/2019.]
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| Filing 10 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of James Cawley on 4/9/2018 at 9:00 a.m. (Robinson, Susan) [Transferred from West Virginia Southern on 10/30/2019.] |
| Filing 9 PLAINTIFF PROFILE FORM filed by Constance Hill. (Jimenez, Priscilla) [Transferred from West Virginia Southern on 10/30/2019.] |
| Filing 8 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 10/30/2019.] |
| Filing 7 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 10/30/2019.] |
| 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 10/30/2019.] |
| Filing 5 SUMMONS RETURNED EXECUTED by Personal Service for Ethicon, LLC. Ethicon, LLC served on 3/11/2013, answer due 4/1/2013. Summons served on scott lascala. (Balefsky, Lee) [Transferred from West Virginia Southern on 10/30/2019.] |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Thomas, David) [Transferred from West Virginia Southern on 10/30/2019.] |
| Filing 3 TRANSMITTED PRETRIAL ORDER # 39 (SHOW CAUSE ORDER REGARDING DISMISSAL OF ENDO ENTITIES) entered on 02/21/2013 in MDL 2327 to attorneys in member case. (Attachment: #1 Exhibit A) (jap) [Transferred from West Virginia Southern on 10/30/2019.] |
| Filing 2 ELECTRONIC SUMMONS ISSUED as to Ethicon, Inc., Ethicon, LLC, and Johnson & Johnson, re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (gjb) [Transferred from West Virginia Southern on 10/30/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2241149. (Attachment: #1 Civil Cover Sheet) (gjb) [Transferred from West Virginia Southern on 10/30/2019.] |
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