Barone v. Ethicon, Inc. et al
| August Barone and Deborah Barone |
| Ethicon, LLC, Ethicon Inc and Johnson & Johnson |
| 4:2020cv03950 |
| November 20, 2020 |
| U.S. District Court for the Southern District of Texas |
| Alfred H Bennett |
| Charles Eskridge |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 20, 2023. A more recent docket listing may be available from PACER.
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Filing 225
ORDER OF DISMISSAL on Settlement Announcement; case dismissed without prejudice to the right of parties to move for reinstatement within sixty (60) days. Case terminated on 2/20/23.(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4)
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| Filing 224 NOTICE of Settlement by Deborah Barone, filed. (Barlow, Alex) |
| Filing 223 REPLY in Support of #198 MOTION In Limine No 12 to Exclude Evidence Concerning Prolift and TVT-O Instructions for Use, filed by Johnson & Johnson. (Bueno, Kimberly) |
| Filing 222 REPLY in Support of #189 MOTION In Limine No. 3 to Exclude Evidence that Ethicon Illegally or Improperly Marketed Prolift Without FDA Clearance, filed by Ethicon Inc, Johnson & Johnson. (Attachments: #1 Exhibit 1 - Liscinsky Email, #2 Exhibit 2 - 1.22.2008 Meeting Minutes, #3 Exhibit 3 - 2.21.2008 Resp Ltr from Ethicon, #4 Exhibit 4 - 5.5.2008 Dang E-mail to Bryan Lisa, #5 Exhibit 5 - 5.9.2008 Resp Ltr from Lisa to Dang)(Bueno, Kimberly) |
| Filing 221 REPLY in Support of #190 MOTION In Limine No. 4 to Exclude Evidence Concerning Ethicons Decision to Stop Selling Transvaginal Prolapse Mesh Devices, filed by Ethicon Inc, Johnson & Johnson. (Bueno, Kimberly) |
| Filing 220 REPLY in Support of #188 MOTION In Limine No. 2 to Exclude Evidence of Post-Implant Changes to Product Warnings, filed by Ethicon Inc, Johnson & Johnson. (Attachments: #1 Exhibit 1 - Anhalt Deposition)(Bueno, Kimberly) |
| Filing 219 RESPONSE in Opposition to #198 MOTION In Limine No 12 to Exclude Evidence Concerning Prolift and TVT-O Instructions for Use, filed by Deborah Barone. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Barlow, Alex) |
| Filing 217 RESPONSE in Opposition to #196 MOTION In Limine No. 10 to Preclude the Use of Video Deposition Excerpts During Opening Statements, filed by Deborah Barone. (Attachments: #1 Exhibit A)(Barlow, Alex) |
| Filing 216 RESPONSE in Opposition to #195 MOTION In Limine No 9 to Limit the Use of Exemplar Mesh Devices, filed by Deborah Barone. (Attachments: #1 Exhibit A)(Barlow, Alex) |
| Filing 215 RESPONSE in Opposition to #194 MOTION In Limine No. 8 to Exlude Videos and Photographs Depicting Pelvic Mesh Surgical Procedures, filed by Deborah Barone. (Attachments: #1 Exhibit A)(Barlow, Alex) |
| Filing 214 RESPONSE in Opposition to #188 MOTION In Limine No. 2 to Exclude Evidence of Post-Implant Changes to Product Warnings, #190 MOTION In Limine No. 4 to Exclude Evidence Concerning Ethicons Decision to Stop Selling Transvaginal Prolapse Mesh Devices, #189 MOTION In Limine No. 3 to Exclude Evidence that Ethicon Illegally or Improperly Marketed Prolift Without FDA Clearance, filed by Deborah Barone. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Barlow, Alex) |
| Filing 213 RESPONSE in Opposition to #187 MOTION In Limine No. 1 to Exclude Irrelevant and Unfairly Prejudicial Company Documents and Emails, filed by Deborah Barone. (Attachments: #1 Exhibit A)(Barlow, Alex) |
| Filing 212 RESPONSE in Opposition to #203 MOTION In Limine No. 3 to Exclude AUGS/SUFU Position Statement, filed by Ethicon Inc, Johnson & Johnson. (Attachments: #1 Exhibit 2014 Position Statement, #2 Exhibit 2016 Position Statement Update, #3 Exhibit 2018 Position Statement Update, #4 Exhibit 2021 Position Statement Update, #5 Exhibit Smallridge Transcript, #6 Exhibit Jarrett Order, #7 Exhibit Hudspeth Order, #8 Exhibit Shears Trial Transcript)(Bueno, Kimberly) |
| Filing 211 RESPONSE in Opposition to #202 Corrected MOTION In Limine No. 2 Regarding Various Minor Issues, filed by Ethicon Inc, Johnson & Johnson. (Attachments: #1 Exhibit Richards Order, #2 Exhibit Jarrett Order, #3 Exhibit Jan. 15, 2014 Dep. of P. Hinoul, #4 Exhibit Pitlyk Order, #5 Exhibit McBroom Order, #6 Exhibit Shostrom Order, #7 Exhibit Smith Order, #8 Exhibit Alloplastic Implants, #9 Exhibit Smallridge Transcript, #10 Exhibit Elliott Deposition)(Bueno, Kimberly) |
| Filing 210 RESPONSE in Opposition to #200 MOTION In Limine No. 1 to Exclude Expert Testimony from Previously Stricken and Inadequately Disclosed Witnesses, filed by Ethicon Inc, Johnson & Johnson. (Bueno, Kimberly) |
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Filing 209
ORDER granting #206 Motion for Adam D Porter to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Alfred H Bennett) Parties notified.(gclair, 4)
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| Filing 208 NOTICE of Change of Address by Alex Barlow, counsel for Deborah Barone, filed. (Barlow, Alex) |
| Filing 207 NOTICE of Change of Address by Kyle A. Dingman, counsel for Deborah Barone, filed. (Dingman, Kyle) |
| Filing 206 MOTION for Adam D. Porter to Appear Pro Hac Vice by Johnson & Johnson, filed. Motion Docket Date 2/14/2023. (Bueno, Kimberly) |
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Filing 218
ORDER granting #185 Motion for Cameron Reid Cano to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Alfred H Bennett) Parties notified.(JacquelineMata, 4)
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| Filing 203 MOTION In Limine No. 3 to Exclude AUGS/SUFU Position Statement by Deborah Barone, filed. Motion Docket Date 2/3/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Proposed Order)(Barlow, Alex) |
| Filing 202 Corrected MOTION In Limine No. 2 Regarding Various Minor Issues by Deborah Barone, filed. Motion Docket Date 2/3/2023. (Attachments: #1 Proposed Order)(Barlow, Alex) |
| Filing 201 MOTION In Limine No. 2 Regarding Various Minor Issues by Deborah Barone, filed. Motion Docket Date 2/3/2023. (Attachments: #1 Proposed Order)(Barlow, Alex) |
| Filing 200 MOTION In Limine No. 1 to Exclude Expert Testimony from Previously Stricken and Inadequately Disclosed Witnesses by Deborah Barone, filed. Motion Docket Date 2/3/2023. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order)(Barlow, Alex) |
| Filing 199 MOTION to Bifurcate Trial by Ethicon Inc, Johnson & Johnson, filed. Motion Docket Date 2/3/2023. (Attachments: #1 Proposed Order)(Bueno, Kimberly) |
| Filing 198 MOTION In Limine No 12 to Exclude Evidence Concerning Prolift and TVT-O Instructions for Use by Ethicon Inc, Johnson & Johnson, filed. Motion Docket Date 2/3/2023. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Bueno, Kimberly) |
| Filing 197 MOTION In Limine No 11 to Exclude References to Defendants' Net Worth During Opening Statements by Ethicon Inc, Johnson & Johnson, filed. Motion Docket Date 2/3/2023. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Bueno, Kimberly) |
| Filing 196 MOTION In Limine No. 10 to Preclude the Use of Video Deposition Excerpts During Opening Statements by Ethicon Inc, Johnson & Johnson, filed. Motion Docket Date 2/3/2023. (Attachments: #1 Proposed Order)(Bueno, Kimberly) |
| Filing 195 MOTION In Limine No 9 to Limit the Use of Exemplar Mesh Devices by Ethicon Inc, Johnson & Johnson, filed. Motion Docket Date 2/3/2023. (Attachments: #1 Proposed Order)(Bueno, Kimberly) |
| Filing 194 MOTION In Limine No. 8 to Exlude Videos and Photographs Depicting Pelvic Mesh Surgical Procedures by Ethicon Inc, Johnson & Johnson, filed. Motion Docket Date 2/3/2023. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Bueno, Kimberly) |
| Filing 193 MOTION In Limine No 7 to Exclude Evidence of the Recall of the ProteGen Device by Ethicon Inc, Johnson & Johnson, filed. Motion Docket Date 2/3/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(Bueno, Kimberly) |
| Filing 192 MOTION In Limine No. 6 to Exclude Medical Device Reports by Ethicon Inc, Johnson & Johnson, filed. Motion Docket Date 2/3/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(Bueno, Kimberly) |
| Filing 191 MOTION In Limine No. 5 to Exclude Evidence of Foreign Regulatory Actions and Other Foreign Issues by Ethicon Inc, Johnson & Johnson, filed. Motion Docket Date 2/3/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Proposed Order)(Bueno, Kimberly) |
| Filing 190 MOTION In Limine No. 4 to Exclude Evidence Concerning Ethicons Decision to Stop Selling Transvaginal Prolapse Mesh Devices by Ethicon Inc, Johnson & Johnson, filed. Motion Docket Date 2/3/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Proposed Order)(Bueno, Kimberly) |
| Filing 189 MOTION In Limine No. 3 to Exclude Evidence that Ethicon Illegally or Improperly Marketed Prolift Without FDA Clearance by Ethicon Inc, Johnson & Johnson, filed. Motion Docket Date 2/3/2023. (Attachments: #1 Proposed Order)(Bueno, Kimberly) |
| Filing 188 MOTION In Limine No. 2 to Exclude Evidence of Post-Implant Changes to Product Warnings by Ethicon Inc, Johnson & Johnson, filed. Motion Docket Date 2/3/2023. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Proposed Order)(Bueno, Kimberly) |
| Filing 187 MOTION In Limine No. 1 to Exclude Irrelevant and Unfairly Prejudicial Company Documents and Emails by Ethicon Inc, filed. Motion Docket Date 2/3/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Proposed Order)(Bueno, Kimberly) |
| Filing 186 STIPULATION re: Certain Evidentiary Issues by Deborah Barone, filed. (Attachments: #1 Proposed Order)(Barlow, Alex) |
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Filing 205
ORDER granting #184 Motion for Daniel Higginbotham to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Alfred H Bennett) Parties notified.(KimberlyPicota, 4)
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Filing 204
ORDER granting #183 Motion for Amy M. Pepke to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Alfred H Bennett) Parties notified.(KimberlyPicota, 4)
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| Filing 185 MOTION for Cameron R. Cano to Appear Pro Hac Vice by Deborah Barone, filed. Motion Docket Date 1/26/2023. (Barlow, Alex) |
| Filing 184 MOTION for Daniel Higginbotham to Appear Pro Hac Vice by Johnson & Johnson, filed. Motion Docket Date 1/24/2023. (Bueno, Kimberly) |
| Filing 183 MOTION for Amy Pepke to Appear Pro Hac Vice by Johnson & Johnson, filed. Motion Docket Date 1/24/2023. (Bueno, Kimberly) |
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Filing 182
ORDER granting #181 Motion for Continuance; Motion-related deadline set re: #181 Joint MOTION for Continuance of Docket call and Trial period. Joint Pretrial Order due by 2/27/2023. Docket Call set for 3/3/2023 at 01:30 PM in Courtroom 8C before Judge Alfred H Bennett Jury Trial set for 3/6/2023 at 09:00 AM in Courtroom 8C before Judge Alfred H Bennett.(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4)
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| Filing 181 Joint MOTION for Continuance of Docket call and Trial period by Deborah Barone, filed. Motion Docket Date 6/16/2022. (Attachments: #1 Proposed Order Proposed Order Granting Joint Motion to Continue)(Barlow, Alex) |
| Motion Hearing is terminated. (ledwards, 4) |
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Filing 180
ORDER denying #140 Motion; denying #141 Motion to Exclude; denying #155 Motion to Bifurcate.(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4)
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Filing 179
ORDER granting #178 Motion for Continuance; Motion-related deadline set re: #178 Unopposed MOTION for Continuance of Hearing. Motion Hearing reset for 4/14/2022 at 10:30 AM in Courtroom 8C before Judge Alfred H Bennett.(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4)
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| Filing 178 Unopposed MOTION for Continuance of Hearing by Deborah Barone, filed. Motion Docket Date 4/7/2022. (Attachments: #1 Proposed Order)(Barlow, Alex) |
| Filing 177 NOTICE of Setting as to #141 MOTION to Exclude Certain Case-Specific Opinions of Daniel S. Elliott, M.D. and Incorporated Memorandum of Law, #140 MOTION Limit Case-Specific Opinions, #155 MOTION to Bifurcate Trial. Parties notified. Motion Hearing set for 3/22/2022 at 09:00 AM in Courtroom 8C before Judge Alfred H Bennett, filed. (ledwards, 4) |
| Filing 176 Vacation Letter for Scott K. Field by Ethicon Inc, Johnson & Johnson, filed.(Field, Scott) |
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Filing 175
SCHEDULING ORDER. Joint Pretrial Order due by 6/28/2022. Docket Call set for 8/5/2022 at 01:30 PM in Courtroom 8C before Judge Alfred H Bennett Jury Trial set for 8/8/2022 at 09:00 AM in Courtroom 8C before Judge Alfred H Bennett(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4)
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| Filing 174 Agreed MOTION for Trial Setting by August Barone, Deborah Barone, filed. Motion Docket Date 3/16/2022. (Attachments: #1 Proposed Order Proposed Scheduling Order)(Barlow, Alex) |
| Filing 173 Notice of Filing of Official Transcript as to #172 Transcript. Party notified, filed. (dhansen, 4) |
| Filing 172 TRANSCRIPT re: held on 01/04/2022 before Judge Charles Eskridge. Court Reporter/Transcriber Veritext Legal Solutions. Ordering Party Butler Snow LLP Release of Transcript Restriction set for 5/19/2022., filed. (VeritextLegalSolutions, ) |
| Minute Entry for proceedings held before Judge Alfred H Bennett. STATUS CONFERENCE held on 2/18/2022. The Court will set a hearing on pending motions. Counsel will confer and submit a proposed scheduling order by close of business Wednesday, February 23, 2022. Appearances: Alex Barlow, Timothy Mitchell Purcell, Kyle A Dingman, Christopher Robert Cowan.(Court Reporter: M. Malone), filed.(ledwards, 4) |
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Filing 171
ORDER granting #166 Motion for Kyle A Dingman to Appear Pro Hac Vice.(Signed by Judge Alfred H Bennett) Parties notified.(JosephWells, 4)
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| Filing 170 AO 435 TRANSCRIPT REQUEST by Amber Alexander on behalf of Chris Cowan for Transcript of Hearing,1/04/2022,Judge Charles Eskridge. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Veritext Legal Solutions, filed. (BrendaLacy, 4) Electronically forwarded to Veritext Legal Solutions on 2/17/2022. Estimated completion date: 2/18/2022. Modified on 2/17/2022 (RachelWillborg, 4). |
| Filing 169 NOTICE of Setting. Parties notified. Status Conference set for 2/18/2022 at 09:00 AM in Courtroom 8C before Judge Alfred H Bennett, filed. (ledwards, 4) |
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Filing 168
ORDER OF RECUSAL. Judge Charles Eskridge recused. Case reassigned to Judge Alfred H Bennett for all further proceedings.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 167 MINUTE ENTRY: Minute entry for proceedings before Judge Charles Eskridge on January 4, 2022. MOTION HEARING. All parties represented by counsel. The Court called pending motions. Dkts 140, 141, & 150. The Court discerned a potential conflict of interest before argument. Hearing was adjourned to consider potential recusal. Appearances: Alex Barlow, Timothy Purcell and Kyle Dingman f/ Plaintiff; Kim Bueno f/ Defendant. Ct Reporter: ERO. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) |
| Filing 166 MOTION for Kyle A. Dingman to Appear Pro Hac Vice by August Barone, Deborah Barone, filed. Motion Docket Date 1/24/2022. (Barlow, Alex) |
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Filing 165
ORDER re: Motion Hearing set for 1/4/2022 at 01:30 PM in Courtroom 8B before Judge Charles Eskridge(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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Filing 164
ORDER granting #163 MOTION for Steve E. McConnico, Paige Arnette Amstutz and Robyn B. Hargrove to Withdraw as Attorney. Christopher R. Cowan, Pamela Ferrell and Jordan Elizabeth Jarreau will continue as counsel of record for Defendants Ethicon, Inc. and Johnson & Johnson in this case.(Signed by Judge Charles Eskridge) Parties notified.(JosephWells, 4)
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| Filing 163 MOTION for Steve E. McConnico, Paige Arnette Amstutz and Robyn B. Hargrove to Withdraw as Attorney by Ethicon Inc, Johnson & Johnson, filed. Motion Docket Date 11/30/2021. (Attachments: #1 Proposed Order)(Cowan, Christopher) |
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Filing 162
ORDER re: the Motion to Continue Docket Call Setting is GRANTED and Docket Call in this matter shall be set for April 25, 2022 at 1:30 p.m. It is FURTHER ORDERED that Plaintiffs Motion for Special Setting is GRANTED and that a trial date at least three months out will be selected at the Docket Call.(Signed by Judge Charles Eskridge) Parties notified.(JosephWells, 4)
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| Filing 161 NOTICE of Appearance by Scott K. Field on behalf of Ethicon Inc, Ethicon, LLC, Johnson & Johnson, filed. (Field, Scott) |
| Filing 160 NOTICE of Appearance by Kimberly Gustafson Bueno on behalf of Ethicon Inc, Ethicon, LLC, Johnson & Johnson, filed. (Bueno, Kimberly) |
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Filing 159
ORDER re: The motion by Defendants for leave to file a supplemental motion for summary judgment is DENIED. Dkt 136.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 158 Agreed MOTION for Continuance of Docket Call Setting and Agreed Motion for Special Trial Setting by Deborah Barone, filed. Motion Docket Date 10/26/2021. (Attachments: #1 Proposed Order)(Barlow, Alex) |
| Filing 157 REPLY in Support of #155 MOTION to Bifurcate Trial, filed by Ethicon Inc, Johnson & Johnson. (Attachments: #1 Exhibit G - I, #2 Proposed Order)(Jarreau, Jordan) |
| Filing 156 RESPONSE in Opposition to #155 MOTION to Bifurcate Trial, filed by Deborah Barone. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proposed Order)(Barlow, Alex) |
| Filing 155 MOTION to Bifurcate Trial by Ethicon Inc, Johnson & Johnson, filed. Motion Docket Date 9/10/2021. (Attachments: #1 Exhibit A-F, #2 Proposed Order)(Jarreau, Jordan) |
| Filing 154 NOTICE of Appearance by Jordan Jarreau on behalf of Ethicon Inc, Johnson & Johnson, filed. (Jarreau, Jordan) |
| Filing 153 REPLY in Support of #141 MOTION to Exclude Certain Case-Specific Opinions of Daniel S. Elliott, M.D. and Incorporated Memorandum of Law, filed by Ethicon Inc, Johnson & Johnson. (Cowan, Christopher) |
| Filing 152 REPLY in Support of #140 MOTION Limit Case-Specific Opinions, filed by Ethicon Inc, Johnson & Johnson. (Cowan, Christopher) |
| Filing 151 Mail Returned Undeliverable as to Bill Robins re: #144 Order,, Terminate Motions,, filed. (ckrus, 4) |
| Filing 150 Opposed RESPONSE in Opposition to #140 MOTION Limit Case-Specific Opinions, filed by Deborah Barone. (Attachments: #1 Exhibit Michaels Report, #2 Exhibit Michaels Supp Report, #3 Exhibit Op Report Sticker Page, #4 Exhibit Anhalt Depo Excerpts, #5 Exhibit Pramudji Rev Op Report, #6 Exhibit Pramudji Rev Op Report, #7 Exhibit Lotze Rev Op Report, #8 Exhibit Lotze Rev Op Report, #9 Exhibit Hibner Op Report, #10 Exhibit Marshburn Op Report, #11 Exhibit Hibner Op Report, #12 Exhibit Path Report, #13 Exhibit Hall Daubert Memo, #14 Exhibit Iakovlev Report Hall, #15 Exhibit Michaels Report, #16 Exhibit Michales Depo Excerpts, #17 Exhibit Lotze Depo Excerpts, #18 Exhibit IFU Prolift, #19 Proposed Order Proposed Order)(Barlow, Alex) |
| Filing 149 Opposed RESPONSE in Opposition to #141 MOTION to Exclude Certain Case-Specific Opinions of Daniel S. Elliott, M.D. and Incorporated Memorandum of Law, filed by Deborah Barone. (Attachments: #1 Exhibit Elliott Report, #2 Exhibit Elliott Supp Report, #3 Exhibit Elliott Depo Excerpts, #4 Exhibit Satija Med Recds, #5 Exhibit Michaels Supp Report, #6 Exhibit Ps Expert Disclosures, #7 Exhibit Smith Med Reds, #8 Exhibit Anhalt Depo Excerpts, #9 Exhibit Eth Mesh 02619603, #10 Exhibit Eth 00386, #11 Exhibit Eth Mesh 03905973, #12 Exhibit Elliott TVTO Report, #13 Exhibit Elliott Prolift Report, #14 Proposed Order Proposed Order)(Barlow, Alex) |
| Filing 148 STATUS REPORT by Ethicon Inc, Johnson & Johnson, filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X)(Cowan, Christopher) |
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Filing 147
ORDER granting #145 Motion to extend. Daubert motions due by 04/23/2021.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 146 REPLY to Plaintiff's Response in Opposition to Defendants' Motion for Leave to File Supplemental Motion for Summary Judgment, filed by Ethicon Inc, Johnson & Johnson. (Cowan, Christopher) |
| Filing 145 Joint MOTION To Request To Extend Deadline to File Joint Submission Concerning General Daubert Motions by Ethicon Inc, Johnson & Johnson, filed. Motion Docket Date 5/6/2021. (Attachments: #1 Proposed Order)(Cowan, Christopher) |
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Filing 144
ORDER withdrawing #130 MOTION to Strike Plaintiff's Motion Under Fre 703 To Bar Dr. Abadi From Testifying About the Opinions of Non-Disclosed Expert Dr. Hannes Vogel.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 143 Opposed RESPONSE in Opposition to #136 MOTION for Leave to File Supplemental Motion for Summary Judgment, filed by Deborah Barone. (Attachments: #1 Exhibit Kingsbury Order, #2 Exhibit Estrada Order, #3 Exhibit Johns Order, #4 Exhibit Statham Order, #5 Exhibit Thibodeaux Order, #6 Exhibit Smith Order, #7 Exhibit Rutherford Order, #8 Exhibit McBroom Order, #9 Exhibit Roman Order, #10 Exhibit Fowler Order, #11 Exhibit Kimble Order, #12 Exhibit Lepley Order, #13 Proposed Order Proposed Order)(Barlow, Alex) |
| Filing 142 STIPULATION re: Plaintiff's Request for Withdrawal of Motion by Ethicon Inc, Johnson & Johnson, filed. (Attachments: #1 Proposed Order)(Cowan, Christopher) |
| Filing 141 MOTION to Exclude Certain Case-Specific Opinions of Daniel S. Elliott, M.D. and Incorporated Memorandum of Law by Ethicon Inc, filed. Motion Docket Date 4/30/2021. (Attachments: #1 Exhibit, #2 Proposed Order)(Cowan, Christopher) |
| Filing 140 MOTION Limit Case-Specific Opinions by Ethicon Inc, filed. Motion Docket Date 4/30/2021. (Attachments: #1 Exhibit, #2 Proposed Order)(Cowan, Christopher) |
| Filing 139 RESPONSE to #130 MOTION to Strike Plaintiff's Motion Under Fre 703 To Bar Dr. Abadi From Testifying About the Opinions of Non-Disclosed Expert Dr. Hannes Vogel filed by Ethicon Inc, Johnson & Johnson. (Attachments: #1 Proposed Order)(Cowan, Christopher) |
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Filing 138
ORDER DISMISSING WITH PREJUDICE CERTAIN OF PLAINTIFF'S CAUSES OF ACTION re: #137 Proposed Order. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 137 PROPOSED ORDER Dismissing with Prejudice Certain of Plaintiff's Causes of Action re: #134 Stipulation of Dismissal, filed.(Cowan, Christopher) |
| Filing 136 MOTION for Leave to File Supplemental Motion for Summary Judgment by Ethicon Inc, Johnson & Johnson, filed. Motion Docket Date 4/15/2021. (Attachments: #1 Exhibits, #2 Proposed Order)(Cowan, Christopher) |
| Filing 135 NOTICE of Appearance by Timothy M. Purcell on behalf of Deborah Barone, filed. (Purcell, Timothy) |
| Filing 134 STIPULATION of Dismissal With Prejudice as to Certain of Plaintiff's Causes of Action by Ethicon Inc, Johnson & Johnson, filed.(Cowan, Christopher) |
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Filing 133
SCHEDULING AND DOCKET CONTROL ORDER. Pltf Expert Witness List due by 7/7/2021. Pltf Expert Report due by 7/7/2021. Deft Expert Witness List due by 8/6/2021. Deft Expert Report due by 8/6/2021. Discovery due by 9/20/2021. Mediation due by 12/3/2021. Dispositive Motion Filing due by 10/20/2021. Non-Dispositive Motion Filing due by 10/20/2021. Joint Pretrial Order due by 12/17/2021. Docket Call set for 1/24/2022 at 09:30 AM in Courtroom 11B before Judge Charles Eskridge(Signed by Judge Charles Eskridge) Parties notified.(jguajardo, 4)
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Filing 132
ORDER granting #129 Motion for Pamela L. Ferrell to Appear Pro Hac Vice.(Signed by Judge Charles Eskridge) Parties notified.(rguerrero, 4)
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| Filing 131 Agreed PROPOSED ORDER Joint Proposed Scheduling and Docket Control Order, filed. (Attachments: #1 Proposed Order Joint Scheduling and DCO)(Barlow, Alex) |
| Filing 130 ***WITHDRAWN PER #144 ORDER*** MOTION to Strike Plaintiff's Motion Under Fre 703 To Bar Dr. Abadi From Testifying About the Opinions of Non-Disclosed Expert Dr. Hannes Vogel by Deborah Barone, filed. Motion Docket Date 4/2/2021. (Attachments: #1 Supplement Ps Memo ISO MTS, #2 Proposed Order Proposed Order, #3 Exhibit PTO 217, #4 Exhibit Abadi Report Wave 5, #5 Exhibit Vogel Report WAVE, #6 Exhibit Excerpt of Abadi Depo, #7 Exhibit Funderburke)(Barlow, Alex) Modified on 4/15/2021 (jengonzalez, 4). |
| Filing 129 MOTION for Pamela Ferrell to Appear Pro Hac Vice by Ethicon Inc, Johnson & Johnson, filed. Motion Docket Date 3/30/2021. (Ferrell, Pamela) |
| Minute entry for proceedings before Judge Charles Eskridge. INITIAL CONFERENCE. Parties present by video conference. (1) The Court addressed #125 the parties joint discovery/case management plan. (2) The Court addressed #128 the motion by Plaintiff Deborah Barone to withdraw #97 her motion to strike expert testimony. The motion was GRANTED for reasons stated on the record. Barone may refile the withdrawn motion by 04/09/2021. (3) Defendants orally moved to withdraw [60, 62] two motions to exclude case-specific expert opinions. The motion was GRANTED for reasons stated on the record. Defendants may refile the withdrawn motions by 04/09/2021, but no further discovery will be allowed as to those motions. (4) The #57 motion for partial summary judgment by Defendants remains pending. The parties were instructed to confer and file a joint status report or stipulation by 03/19/2021 as to what issues in that motion remain to be decided. (5) The Court addressed Defendants request to submit a further motion for summary judgment based on the statute of limitations. Defendants may seek leave to file such motion by 03/26/2021, anticipating the Courts question on waiver. (6) The Court addressed [125-1] the proposed scheduling and docket control order submitted by the parties. The parties were instructed to confer further and submit by 03/12/2021 a revised proposal towards a docket call in 01/2022. (7) The parties were further instructed to file by 04/16/2021 a joint submission explaining what general Daubert motions remain pending from the MDL for decision. The parties may ask for extension of deadlines where needed. Appearances:Alex Barlow, Timothy Purcell f/ Plaintiff; Christopher Cowan f/ Defendant.(Court Reporter: Kathy Metzger), filed.(jengonzalez, 4) |
| Filing 128 MOTION to Withdraw #97 MOTION by Deborah Barone to Strike to Bar Dr. Abadi From Testifying About the Opinions of Non-Disclosed Expert Dr. Hannes Vogel. by Deborah Barone, filed. Motion Docket Date 3/19/2021. (Attachments: #1 Proposed Order)(Barlow, Alex) |
| Filing 127 NOTICE To Withdraw Counsel - As To Katie Fillmore Only by Ethicon Inc, Johnson & Johnson, filed. (Cowan, Christopher) |
| Filing 126 NOTICE of Setting. Parties notified. Status Conference set for 3/4/2021 at 01:30 PM in by video before Judge Charles Eskridge, filed. (jengonzalez, 4) |
| Status Conference set for 12/21/2020 at 01:30 PM in by video before Judge Charles Eskridge is cancelled until further notice. (jengonzalez, 4) |
| Initial Conference set for 3/24/2021 at 01:30 PM in Courtroom 8B before Judge Charles Eskridge is CANCELED. Status Conference set for 12/21/2020 remains set. (jengonzalez, 4) |
| Filing 125 STATUS REPORT by Ethicon Inc, Johnson & Johnson, filed. (Attachments: #1 Proposed Scheduling and Docket Control Order)(Cowan, Christopher) |
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Filing 124
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 3/24/2021 at 01:30 PM in Courtroom 8B before Judge Charles Eskridge. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalezadi, 4)
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Filing 123
ORDER re: Joint Discovery/Case Management Plan due by 12/16/2020. Status Conference set for 12/21/2020 at 01:30 PM in by video before Judge Charles Eskridge(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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Filing 122
ORDER granting #120 Unopposed MOTION to Substitute Attorney Christopher Cowan in place of Christy D Jones, David B. Thomas, Philip J. Combs, Susan M. Robinson, Ashley Nader Stubbs, Kari L. Sutherland, Rockney Taveau and William Gage, Attorney Christy D Jones; Susan M. Robinson; Ashley Nader Stubbs; Kari L. Sutherland; Rockney Taveau; David B. Thomas; Philip J. Combs and William M Gage terminated.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 121 CERTIFICATE OF INTERESTED PARTIES by Ethicon Inc, Johnson & Johnson, filed.(Cowan, Christopher) |
| Filing 120 Unopposed MOTION to Substitute Attorney Christopher Cowan in place of Christy D Jones, David B. Thomas, Philip J. Combs, Susan M. Robinson, Ashley Nader Stubbs, Kari L. Sutherland, Rockney Taveau and William Gage by Ethicon Inc, Johnson & Johnson, filed. Motion Docket Date 12/21/2020. (Attachments: #1 Proposed Order)(Cowan, Christopher) |
| Filing 119 NOTICE of Appearance by Katie Fillmore on behalf of Ethicon Inc, Johnson & Johnson, filed. (Fillmore, Katherine) |
| Filing 118 NOTICE of Appearance by Christopher Cowan on behalf of Ethicon Inc, Johnson & Johnson, filed. (Cowan, Christopher) |
| Filing 117 Case electronically transferred in from West Virginia Southern. Case Number 2:12-cv-06802. (ltien, 4) |
| Filing 116 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #103 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 (8755) - Notice of Adoption of Pls' Mot to Exclude Timothy Ulatowski, #8 Exhibit MDL ECF (8822) - Notice of Adoption of Defs' Resp to Mot to Exclude Timothy Ulatowski)(Gage, William) (Modified on 11/18/2020 to add party filer) (mkw). |
| Filing 115 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #103 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 (8791) - Notice of Adoption of Pls' Mot to Exclude Shelby Thames, #20 Exhibit MDL ECF (8909) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Shelby Thames)(Gage, William) (Modified on 11/18/2020 to add party filer) (mkw). |
| Filing 114 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #103 CONTINUED, MDL ECF (2104) - Pls' Mot to Exclude Stanton Shoemaker, #2 Exhibit MDL ECF (2105) - Pls' Mem in Support of Mot to Exclude Stanton Shoemaker, #3 Exhibit MDL ECF (2239) - Defs' Resp to Pls' Mot to Exclude Stanton Shoemaker, #4 Exhibit MDL ECF (2923) Defs Resp to Pls' Mot to Exclude Stanton Shoemaker, #5 Exhibit MDL ECF (8749) - Notice of Adoption of Pls' Mot to Exclude E. Stanton Shoemaker, #6 Exhibit MDL ECF (8838) - Notice of Adoption of Defs' Resp to Mot to Exclude E. Stanton Shoemaker)(Gage, William) (Modified on 11/18/2020 to add party filer) (mkw). |
| Filing 113 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #103 CONTINUED,MDL ECF (2425) - Pls' Mot to Exclude Peter Rosenblatt, #2 Exhibit MDL ECF (2428) - Pls' Mem in Support of Mot to Exclude Peter Rosenblatt, #3 Exhibit MDL ECF (2535) - Defs' Resp to Pls' Mot to Exclude Peter Rosenblatt, #4 Exhibit MDL ECF (2625) Pls Reply in Support of Mot to Exclude Peter Rosenblatt, #5 Exhibit MDL ECF (8739) - Notice of Adoption of Pls' Mot to Exclude Peter Rosenblatt, #6 Exhibit MDL ECF (8893) - Notice of Adoption of Defs' Resp to Mot to Exclude Peter Rosenblatt)(Gage, William) (Modified on 11/18/2020 to add party filer) (mkw). |
| Filing 112 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #103 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 (8727) - Notice of Adoption of Pls' Mot to Exclude Salil Khandwala, #10 Exhibit MDL ECF (8852) - Notice of Adoption of Defs' Resp to Mot to Exclude Salil Khandwala)(Gage, William) (Modified on 11/18/2020 to add party filer) (mkw). |
| Filing 111 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #103 CONTINUED, MDL ECF (1992) Pls Mot to Exclude Maria Abadi, #2 Exhibit MDL ECF (1993) Pls Mem in Support of Mot to Exclude Maria Abadi, #3 Exhibit MDL ECF (2156) Defs Resp to Mot to Exclude Maria Abadi, #4 Exhibit MDL ECF (2934) - Defs Resp to Mot to Exclude Maria Abadi, #5 Exhibit MDL ECF (8702) Notice of Adoption of Pls Mot to Exclude Maria Abadi, #6 Exhibit MDL ECF (8827) Notice of Adoption of Defs Resp to Mot to Exclude Maria Abadi)(Gage, William) (Modified on 11/18/2020 to add party filer) (mkw). |
| Filing 110 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #103 CONTINUED, MDL ECF (2075) - Defs' Mot to Exclude Peggy Pence, #2 Exhibit MDL ECF (2078) - Defs' Mem in Support of Mot to Exclude Peggy Pence, #3 Exhibit MDL ECF (2172) - Pls' Resp to Defs' Mot to Exclude Peggy Pence, #4 Exhibit MDL ECF (2214) - Defs' Reply in Support of Mot to Exclude Peggy Pence, #5 Exhibit MDL ECF (2759) - Defs' Mot to Exclude Peggy Pence, #6 Exhibit MDL ECF (2760) - Defs' Mem in Support of Mot to Exclude Peggy Pence, #7 Exhibit MDL ECF (2949) - Pls' Resp to Defs' Mot to Exclude Peggy Pence, #8 Exhibit MDL ECF (3017) - Defs' Reply in Support of Mot to Exclude Peggy Pence, #9 Exhibit MDL ECF (8807) - Notice of Adoption of Defs' Mot to Exclude Peggy Pence, #10 Exhibit MDL ECF (8855) - Notice of Adoption of Pls' Resp to Mot to Exclude Peggy Pence)(Gage, William) (Modified on 11/18/2020 to add party filer) (mkw). |
| Filing 109 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #103 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 (8783) - Notice of Adoption of Defs' Mot to Exclude Paul Michaels, #15 Exhibit MDL ECF (8849) - Notice of Adoption of Pls' Resp to Mot to Exclude Paul Michaels)(Gage, William) (Modified on 11/18/2020 to add party filer) (mkw). |
| Filing 108 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #103 CONTINUED, MDL ECF (2188) Part 1 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #2 Exhibit MDL ECF (2188) Part 2 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #3 Exhibit MDL ECF (2188) Part 3 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #4 Exhibit MDL ECF (2188) Part 4 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #5 Exhibit MDL ECF (2200) - Defs' Reply in Support of Mot to Exclude Uwe Klinge, #6 Exhibit MDL ECF (3626) Part 1 - Defs' Mot to Exclude Uwe Klinge, #7 Exhibit MDL ECF (3626) Part 2 - Defs' Mot to Exclude Uwe Klinge, #8 Exhibit MDL ECF (3630) - Defs' Mem in Support of Mot to Exclude Uwe Klinge, #9 Exhibit MDL ECF (3767) Part 1 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #10 Exhibit MDL ECF (3767) Part 2 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #11 Exhibit MDL ECF (3767) Part 3 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #12 Exhibit MDL ECF (3767) Part 4 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #13 Exhibit MDL ECF (3767) Part 5 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #14 Exhibit MDL ECF (3767) Part 6 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #15 Exhibit MDL ECF (3855) - Defs' Reply in Support of Mot to Exclude Uwe Klinge, #16 Exhibit MDL ECF (8779) - Notice of Adoption of Defs' Mot to Exclude Uwe Klinge, #17 Exhibit MDL ECF (8842) - Notice of Adoption of Pls' Resp to Mot to Exclude Uwe Klinge)(Gage, William) (Modified on 11/18/2020 to add party filer) (mkw). |
| Filing 107 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #103 CONTINUED, MDL ECF (1978) Part 1 - Defs' Mot to Exclude Uwe Klinge, #2 Exhibit MDL ECF (1978) Part 2 - Defs' Mot to Exclude Uwe Klinge, #3 Exhibit MDL ECF (1978) Part 3 - Defs' Mot to Exclude Uwe Klinge, #4 Exhibit MDL ECF (1978) Part 4 - Defs' Mot to Exclude Uwe Klinge, #5 Exhibit MDL ECF (1978) Part 5 - Defs' Mot to Exclude Uwe Klinge, #6 Exhibit MDL ECF (1978) Part 6 - Defs' Mot to Exclude Uwe Klinge, #7 Exhibit MDL ECF (1978) Part 7 - Defs' Mot to Exclude Uwe Klinge, #8 Exhibit MDL ECF (1978) Part 8 - Defs' Mot to Exclude Uwe Klinge, #9 Exhibit MDL ECF (1978) Part 9 - Defs' Mot to Exclude Uwe Klinge, #10 Exhibit MDL ECF (1978) Part 10 - Defs' Mot to Exclude Uwe Klinge, #11 Exhibit MDL ECF (1978) Part 11 - Defs' Mot to Exclude Uwe Klinge, #12 Exhibit MDL ECF (1978) Part 12 - Defs' Mot to Exclude Uwe Klinge, #13 Exhibit MDL ECF (1978) Part 13 - Defs' Mot to Exclude Uwe Klinge, #14 Exhibit MDL ECF (1978) Part 14 - Defs' Mot to Exclude Uwe Klinge, #15 Exhibit MDL ECF (1978) Part 15 - Defs' Mot to Exclude Uwe Klinge, #16 Exhibit MDL ECF (1978) Part 16 - Defs' Mot to Exclude Uwe KlingeMDL ECF (1978) Part 1 - Defs' Mot to Exclude Uwe Klinge, #17 Exhibit MDL ECF (1978) Part 17 - Defs' Mot to Exclude Uwe Klinge, #18 Exhibit MDL ECF (1978) Part 18 - Defs' Mot to Exclude Uwe Klinge, #19 Exhibit MDL ECF (1978) Part 19 - Defs' Mot to Exclude Uwe Klinge, #20 Exhibit MDL ECF (1978) Part 20 - Defs' Mot to Exclude Uwe Klinge, #21 Exhibit MDL ECF (1978) Part 21 - Defs' Mot to Exclude Uwe Klinge, #22 Exhibit MDL ECF (1982) - Defs' Mem in Support of Mot to Exclude Uwe Klinge)(Gage, William) (Modified on 11/18/2020 to add party filer) (mkw). |
| Filing 106 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #103 CONTINUED, MDL ECF (1983) - Defs' Mot to Exclude Howard Jordi, #2 Exhibit MDL ECF (1985) - Defs' Mem in Support of Mot to Exclude Howard Jordi, #3 Exhibit MDL ECF (2186) - Pls' Resp to Defs' Mot to Exclude Howard Jordi, #4 Exhibit MDL ECF (2216) - Defs' Reply in Support of Mot to Exclude Howard Jordi, #5 Exhibit MDL ECF (3633) Part 1 - Defs' Mot to Exclude Howard Jordi, #6 Exhibit MDL ECF (3633) Part 2 - Defs' Mot to Exclude Howard Jordi, #7 Exhibit MDL ECF (3637) - Defs' Mem in Support of Mot to Exclude Howard Jordi, #8 Exhibit MDL ECF (3771) - Pls' Resp to Defs' Mot to Exclude Howard Jordi, #9 Exhibit MDL ECF (3836) - Defs' Reply in Support of Mot to Exclude Howard Jordi, #10 Exhibit MDL ECF (8777) - Notice of Adoption of Defs' Mot to Exclude Howard Jordi, #11 Exhibit MDL ECF (8841) - Notice of Adoption of Pls' Resp to Mot to Exclude Howard Jordi)(Gage, William) (Modified on 11/18/2020 to add party filer) (mkw). |
| Filing 105 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #103 CONTINUED, MDL ECF (2082) Part 1 - Defs' Mot to Exclude Daniel Elliott, #2 Exhibit MDL ECF (2082) Part 2 - Defs' Mot to Exclude Daniel Elliott, #3 Exhibit MDL ECF (2082) Part 3 - Defs' Mot to Exclude Daniel Elliott, #4 Exhibit MDL ECF (2085) - Defs' Mem in Support of Mot to Exclude Daniel Elliott, #5 Exhibit MDL ECF (2191) - Pls' Amended Resp to Defs' Mot to Exclude Daniel Elliott, #6 Exhibit MDL ECF (2215) - Defs' Reply in Support of Mot to Exclude Daniel Elliott, #7 Exhibit MDL ECF (2815) - Defs' Mem in Support of Mot to Exclude Daniel Elliott, #8 Exhibit MDL ECF (2952) - Pls' Resp to Defs' Mot to Exclude Daniel Elliott, #9 Exhibit MDL ECF (8080) Part 1 - Defs' Mot to Exclude Daniel Elliott, #10 Exhibit MDL ECF (8080) Part 2 - Defs' Mot to Exclude Daniel Elliott, #11 Exhibit MDL ECF (8080) Part 3 - Defs' Mot to Exclude Daniel Elliott, #12 Exhibit MDL ECF (8080) Part 4 - Defs' Mot to Exclude Daniel Elliott, #13 Exhibit MDL ECF (8081) - Defs' Mem in Support of Mot to Exclude Daniel Elliott, #14 Exhibit MDL ECF (8247) - Pls' Resp to Defs' Mot to Exclude Daniel Elliott, #15 Exhibit MDL ECF (8311) - Defs' Reply in Support of Mot to Exclude Daniel Elliott, #16 Exhibit MDL ECF (8312) - Defs' Reply in Support of Mot to Exclude Daniel Elliott, #17 Exhibit MDL ECF (8778) - Notice of Adoption of Defs' Mot to Exclude Daniel Elliott, #18 Exhibit MDL ECF (8835) - Notice of Adoption of Pls' Resp to Mot to Exclude Daniel Elliott)(Gage, William) (Modified on 11/18/2020 to add party filer) (mkw). |
| Filing 104 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #103 CONTINUED, MDL ECF (2038) Part 1 - Defs' Mot to Exclude Jerry Blaivas, #2 Exhibit MDL ECF (2038) Part 2 - Defs' Mot to Exclude Jerry Blaivas, #3 Exhibit MDL ECF (2038) Part 3 - Defs' Mot to Exclude Jerry Blaivas, #4 Exhibit MDL ECF (2038) Part 4 - Defs' Mot to Exclude Jerry Blaivas, #5 Exhibit MDL ECF (2038) Part 5 - Defs' Mot to Exclude Jerry Blaivas, #6 Exhibit MDL ECF (2040) - Defs' Mem in Support of Mot to Exclude Jerry Blaivas, #7 Exhibit MDL ECF (2176) Part 1 - Pls' Resp to Defs' Mot to Exclude Jerry Blaivas, #8 Exhibit MDL ECF (2176) Part 2 - Pls' Resp to Defs' Mot to Exclude Jerry Blaivas, #9 Exhibit MDL ECF (2213) - Defs' Reply in Support of Mot to Exclude Jerry Blaivas, #10 Exhibit MDL ECF (3588) - Defs' Mot to Exclude Jerry Blaivas, #11 Exhibit MDL ECF (3589) Defs Mem in Support of Mot to Exclude Jerry Blaivas, #12 Exhibit MDL ECF (3758) - Pls' Resp to Defs' Mot to Exclude Jerry Blaivas, #13 Exhibit MDL ECF (3840) - Defs' Reply in Support of Mot to Exclude Jerry Blaivas, #14 Exhibit MDL ECF (8780) - Notice of Adoption of Defs' Mot to Exclude Jerry Blaivas, #15 Exhibit MDL ECF (8833) - Notice of Adoption of Pls' Resp to Mot to Exclude Jerry Blaivas)(Gage, William) (Modified on 11/18/2020 to add party filer) (mkw). |
| Filing 103 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 11/18/2020 to add party filer) (mkw). |
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Filing 102
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 11/19/2020 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 11/18/2020 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 11/5/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (kew)
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Filing 101
ORDER The #96 Motion to Strike Defendants' Non-Retained Experts in Violation of the Court's Pretrial Order #217 is GRANTED in part to the extent plaintiff seeks an order striking the experts identified by defendants in excess of five each and is otherwise DENIED. Signed by Judge Joseph R. Goodwin on 11/3/2020. (cc: counsel of record; any unrepresented party) (kew)
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Filing 100
ORDER granting #81 UNOPPOSED MOTION by Deborah Barone to Withdraw and Substitute Counsel Alex Barlow as Counsel in lieu of Bill Robins, III, Justin Kaufman and Rebecca Phillips; and further directing the Clerk to change the address of Alex Barlow. Signed by Judge Joseph R. Goodwin on 2/11/2020. (cc: counsel of record; any unrepresented party) (st)
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| Filing 99 RESPONSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in opposition to #97 MOTION by Deborah Barone to Strike to Bar Dr. Abadi From Testifying About the Opinions of Non-Disclosed Expert Dr. Hannes Vogel. (Attachments: #1 Exhibit A, #2 Exhibit B)(Gage, William) |
| Filing 98 OPPOSITION by Ethicon, Inc., Johnson & Johnson to #96 MOTION by Deborah Barone to Strike Defendants' Non-Retained Experts in Violation of the Court's Pretrial Order #217. (Attachments: #1 Exhibit A, #2 Exhibit B)(Gage, William) |
| Filing 97 MOTION by Deborah Barone to Strike to Bar Dr. Abadi From Testifying About the Opinions of Non-Disclosed Expert Dr. Hannes Vogel. (Attachments: #1 Supplement Memo Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Barlow, Alex) |
| Filing 96 MOTION by Deborah Barone to Strike Defendants' Non-Retained Experts in Violation of the Court's Pretrial Order #217. (Attachments: #1 Supplement Memo in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Barlow, Alex) |
| Filing 95 OBJECTIONS AND RESPONSES by Ethicon, Inc., Johnson & Johnson to Plaintiff's #92 Notice of Deposition of Dr. [Maria Abadi]. (Gage, William) |
| Filing 94 OBJECTIONS AND RESPONSES by Ethicon, Inc., Johnson & Johnson to Plaintiffs' #93 Amended Notice of Deposition of Dr. Stanton Shoemaker. (Gage, William) |
| Filing 93 AMENDED NOTICE OF DEPOSITION by Deborah Barone of Dr. Stanton Shoemaker on October 30, 2019 at 3:00 p.m. (Barlow, Alex) |
| Filing 92 NOTICE OF DEPOSITION by Deborah Barone of Dr. Maria Abadi on November 8, 2019 at 11:00 a.m. (Barlow, Alex) |
| Filing 91 NOTICE OF DEPOSITION by Deborah Barone of Dr. Stanton Shoemaker on October 30, 2019 at 1:00 p.m. (Barlow, Alex) |
| Filing 90 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Friends and Family on To be determined at To be determined (Stubbs, Ashley) |
| Filing 89 NOTICE Independent Medical Examination by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit A, #2 Exhibit B)(Gage, William) |
| Filing 88 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Amended Designation and Disclosure of General and Case Specific Expert Witnesses and Non-Retained Expert Disclosures. (Gage, William) |
| Filing 87 RESPONSES AND OBJECTIONS to #86 Notice of Deposition of Dr. Daniel Elliott by Deborah Barone. (Barlow, Alex) |
| Filing 86 NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Daniel Elliott, M.D. on September 14, 2019 at 1:30 p.m. (Gage, William) |
| Filing 85 CERTIFICATE OF SERVICE by Deborah Barone for Plaintiffs' Designation and Disclosure of General and Case Specific Expert Witnesses. (Barlow, Alex) |
| Filing 84 AMENDED NOTICE OF VIDEO DEPOSITION by Deborah Barone of Dr. Michael Hibner on 10/24/2019 at 11:00 a.m. (Barlow, Alex) |
| Filing 83 STIPULATION AND AGREEMENT by Deborah Barone, Ethicon, Inc., Johnson & Johnson regarding the video deposition of Deborah Barone. (Stubbs, Ashley) (Modified on 7/23/2019 to add party filer) (mkw). |
| Filing 82 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Objections and Responses to Plaintiff's Interrogatories and Requests for Production. (Stubbs, Ashley) |
| Filing 81 UNOPPOSED MOTION by Deborah Barone to Withdraw and Substitute Counsel Alex Barlow as Counsel in lieu of Bill Robins, III. (Barlow, Alex) |
| Filing 80 CERTIFICATE OF SERVICE by Deborah Barone for First Set of Interrogatories and First Set of Request for Production to Defendant Ethicon, Inc.. (Barlow, Alex) |
| Filing 79 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Rockney Taveau on behalf of Ethicon, Inc., Johnson & Johnson. (Taveau, Rockney) |
| Filing 78 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Ashley Nader Stubbs on behalf of Ethicon, Inc., Johnson & Johnson. (Stubbs, Ashley) |
| Filing 77 NOTICE OF VIDEO DEPOSITION by Deborah Barone of Michael Hibner, M.D. on July 9, 20190 at 10:00 a.m. (Barlow, Alex) |
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Filing 76
PRETRIAL ORDER # 337 (Docket Control Order - Ethicon, Inc. Wave 12 Cases) The court ORDERS that the cases on Exhibit A are: (1) removed from the pending inactive docket; and (2) placed on the active docket. The court further ORDERS that: (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 Exhibit A, the deadlines below also apply to them; (3) The Clerk will file this Docket Control Order in the main MDL and every case listed on Exhibit A become subject to the deadlines in this Docket Control Order; and (4) The following deadlines immediately apply in all Wave 12 cases with one important exception, as more fully set forth herein. Scheduling Deadlines. The following deadlines shall apply in all Ethicon Wave 12 cases: Plaintiff Fact Sheets due by 05/11/2019. Defendant Fact Sheets due by 05/20/2019. Deadline for written discovery requests due by 06/20/2019. Expert disclosures served by plaintiffs due by 08/19/2019. Expert disclosure served by defendants due by 09/18/2019. Expert disclosure served for rebuttal due by 09/25/2019. Deposition deadline and close of discovery due by 10/25/2019. Filing of dispositive motions due by 11/01/2019. Response to dispositive motions due by 11/15/2019. Reply to response to dispositive motions due by 11/22/2019. Filing of Daubert motions due by 11/04/2019. Responses to Daubert motions due by 11/18/2019. Reply to response to Daubert motions due by 11/25/2019. Confidential Documents. Issues related to sealing of confidential documents that the parties are unable to resolve, must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 9/20/2019, and any response is due by 10/3/2019. Any reply is due by 10/10/2019. Venue Recommendations. The parties shall meet and confer concerning the appropriate venue for each of the cases no later than 10/08/2019, the parties are ORDERED to file joint venue recommendations by 10/18/2019. The parties' joint recommendation(s) shall identify cases where venue is in dispute. Signed by Judge Joseph R. Goodwin on 5/1/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 12 cases identified on Exhibit A) (ts) (ADI)
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Filing 75
ORDER The deadline to submit joint motions of dismissal is extended to 10/31/2018 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 8/15/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on inactive docket) (mek) (ADI)
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Filing 74
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)
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Filing 73
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 8/31/2018; 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. 5327 in MDL Case No. 2327 Ethicon. Signed by Judge Joseph R. Goodwin on 4/19/2018. (cc: attys; any unrepresented party) (brn) (ADI)
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Filing 72
ORDER This order denying the Motion by Ethicon, Inc., Johnson & Johnson for Sanctions Based on Plaintiffs' Failure to Comply With the Court's ECF No. 4714 Order is not intended to resolve outstanding issues regarding the reliability and admissibility of the article "Oxidation and Degradation of Polypropylene Transvaginal Mesh"; this order simply memorializes the undersigned's conclusion that Plaintiffs complied with the court's order compelling them, through Dr. Guelcher, to collect any remaining facts and data in the possession of the co-investigators and supply it to Defendants. Signed by Magistrate Judge Cheryl A. Eifert on 12/15/2017. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 5 cases) (st)
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Filing 71
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) (mks)
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Filing 70
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)
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| Filing 69 REPLY by Ethicon, Inc., Johnson & Johnson to #67 Response In Opposition. (Amstutz, Paige) |
| Filing 68 REPLY by Ethicon, Inc., Johnson & Johnson to #66 Response In Opposition. (Amstutz, Paige) |
| Filing 67 RESPONSE by Deborah Barone in opposition to #62 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Certain Case-Specific Opinions of Daniel S. Elliott, M.D. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Barlow, Alex) (Modified on 8/30/2017 to remove link to #63 memorandum) (kp). |
| Filing 66 RESPONSE by Deborah Barone in opposition to #60 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Case-Specific Opinions of Dr. Paul J. Michaels. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Barlow, Alex) (Modified on 8/30/2017 to remove link to #61 memorandum) (kp). |
| Filing 65 REPLY by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to #64 Response in Opposition. (Amstutz, Paige) (Modified on 8/29/2017 to correct link and to convert event to reply to response) (kp). |
| Filing 64 RESPONSE by Deborah Barone in opposition to #57 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Barlow, Alex) |
| Filing 63 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #62 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Certain Case-Specific Opinions of Daniel S. Elliott, M.D. (McConnico, Stephen) |
| Filing 62 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Certain Case-Specific Opinions of Daniel S. Elliott, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(McConnico, Stephen) |
| Filing 61 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #60 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Case-Specific Opinions of Dr. Paul J. Michaels. (McConnico, Stephen) |
| Filing 60 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Case-Specific Opinions of Dr. Paul J. Michaels. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(McConnico, Stephen) |
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Filing 59
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) (kab)
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| Filing 58 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #57 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (McConnico, Stephen) |
| Filing 57 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (McConnico, Stephen) |
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Filing 56
PRETRIAL ORDER # 267 (Re: Order Dismissing Ethicon, LLC in Cases Listed on Exhibit A) Pursuant to PTO # 117 filed in MDL 2327, the Court granted Plaintiffs' Motion to Amend First Amended Master Long Form Complaint and Jury Demand and Amended Master Short Form Complaint to the extent it sought to remove defendant Ethicon, LLC from the Master Long Form Complaint and Amended Short Form Complaint and provided that the Court would initiate a show cause process regarding Ethicon, LLC in cases filed prior to the date of the Order; the cases identified as part of Wave discovery and included in the attached Exhibit A all pre-date PTO # 117 and name Ethicon, LLC as a defendant; the parties have agreed to dismiss Ethicon, LLC without prejudice from the cases identified on Exhibit A; it is ORDERED that Ethicon, LLC shall be dismissed without prejudice from each case identified on Exhibit A. Signed by Judge Joseph R. Goodwin on 8/4/2017. (cc: Clerk of JPMDL; attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (rec)
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| Filing 55 SECOND AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Pinky Ronen, M.D. on July 25, 2017 at 5:00 p.m. C.S.T. (Attachment: #1 Exhibit A)(Amstutz, Paige) |
| Filing 54 FIRST AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Pinky Ronen, M.D. on July 25, 2017 at 5:00 p.m. C.S.T. (Attachment: #1 Exhibit A)(Amstutz, Paige) |
| Filing 53 CERTIFICATE OF SERVICE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Objections and Responses to Plaintiff's First Requests for Production and Plaintiff's First Interrogatories. (Amstutz, Paige) |
| Filing 52 CERTIFICATE OF SERVICE by Deborah Barone for Responses and Objections to Defendants Ethicon, Inc. and Johnson and Johnson's First Set of Interrogatories, Responses and Objections to Defendants' First Set of Requests for Admission and Responses and Objections to Defendants' Second Set of Requests for Production. (Barlow, Alex) |
| Filing 51 PLAINTIFF FACT SHEET filed by Deborah Barone. (Barlow, Alex) |
| Filing 50 PLAINTIFF PROFILE FORM filed by Deborah Barone. (Barlow, Alex) |
| Filing 49 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) |
| Filing 48 SECOND AMENDED CROSS-NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Dr. Melvyn Anhalt on June 29, 2017 at 10:00 a.m. C.S.T. (Attachment: #1 Exhibit A)(Amstutz, Paige) |
| Filing 47 SECOND AMENDED NOTICE OF VIDEO DEPOSITION by Deborah Barone of Dr. Melvyn A. Anhalt on June 29, 2017 at 10:00 a.m. (Barlow, Alex) |
| Filing 46 FIRST AMENDED CROSS NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Peter Lotze, M.D. on June 22, 2017 at 5:00 p.m. C.S.T. (Attachment: #1 Exhibit A)(Amstutz, Paige) |
| Filing 45 FIRST AMENDED NOTICE OF VIDEO DEPOSITION by Deborah Barone of Dr. Peter Michael Lotze on June 22, 2017 at 5:00 p.m. (Barlow, Alex) |
| Filing 44 FIRST AMENDED NOTICE OF VIDEO DEPOSITION by Deborah Barone of Dr. Melvyn A. Anhalt on June 12, 2017 at 3:00 p.m. (Barlow, Alex) |
| Filing 43 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Dr. Pinky Ronen on July 7, 2017 at 1:00 p.m. C.S.T. (Attachments: #1 Exhibit(s) A)(Amstutz, Paige) |
| Filing 42 CERTIFICATE OF SERVICE by Deborah Barone for First Set of Interrogatories and First Requests for Production to Defendants. (Barlow, Alex) |
| Filing 41 CERTIFICATE OF SERVICE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for First Requests for Production of Documents, First Set of Interrogatories, and First Requests for Admission on Plaintiff Deborah Barone. (Amstutz, Paige) |
| Filing 40 CERTIFICATE OF SERVICE by Deborah Barone for Expert Designation and Disclosure. (Barlow, Alex) |
| Filing 39 CROSS-NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Melvyn Anhalt, M.D. on June 1, 2017 at 8:00 a.m. C.S.T. (Attachment: #1 Exhibit A)(McConnico, Stephen) |
| Filing 38 AMENDED NOTICE OF VIDEO DEPOSITION by Deborah Barone of Dr. Melvyn A. Anhalt on June 1, 2017 at 8:00 a.m. (Barlow, Alex) |
| Filing 37 AMENDED NOTICE OF VIDEO DEPOSITION by Deborah Barone of Dr. Melvyn Anhalt on June 1, 2017 at 8:00 a.m. (Barlow, Alex) |
| Filing 36 CROSS NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Peter Lotze, M.D. on June 13, 2017 at 5:00 p.m. C.S.T. (Amstutz, Paige) |
| Filing 35 AMENDED NOTICE OF VIDEO DEPOSITION by Deborah Barone of Dr. Peter M. Lotze on June 13, 2017 at 5:00 p.m. (Barlow, Alex) |
| Filing 34 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING INDEPENDENT MEDICAL EXAMINATIONS OF PLAINTIFF DEBORAH BARONE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Deborah Barone (Amstutz, Paige) (Modified on 5/2/2017 to add party filer) (skh). |
| Filing 33 CROSS-NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Christina Pramudji, M.D. on June 14, 2017 at 3:30 p.m. C.S.T. (Attachment: #1 Exhibit A)(Amstutz, Paige) |
| Filing 32 AMENDED NOTICE OF VIDEO DEPOSITION by Deborah Barone of Dr. Christina K. Pramudji on June 14, 2017 at 3:30 p.m. (Barlow, Alex) |
| Filing 31 RESPONSES AND OBJECTIONS to #28 Notice of Video Deposition of Deborah Barone by Deborah Barone (Attachment: #1 Exhibit A - Notice of Video Deposition of Deborah Barone)(Barlow, Alex) |
| Filing 30 RESPONSES AND OBJECTIONS to #28 Notice of Video Deposition of Deborah Barone by Deborah Barone (Attachment: #1 Exhibit A - Notice of Deposition of Deborah Barone)(Barlow, Alex) |
| Filing 29 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Deborah Barone on April 19, 2017 at 12:30 p.m. (Amstutz, Paige) |
| Filing 28 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Deborah Barone on April 19, 2017 at 2:00 p.m. (Amstutz, Paige) |
| Filing 27 CERTIFICATE OF SERVICE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Objections and Responses to Plaintiff's First Requests for Admissions. (Amstutz, Paige) |
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Filing 26
JOINT STIPULATION OF DISMISSAL WITH PREJUDICE OF A SINGLE PLAINTIFF ONLY/ORDER Pursuant to Rule 41(a)(l)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiff August Barone is dismissed with prejudice, parties to bear their own costs and attorneys' fees. Signed by Judge Joseph R. Goodwin on 4/3/2017. (cc: attys; any unrepresented party) (mek)
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| Filing 25 JOINT STIPULATION OF DISMISSAL WITH PREJUDICE OF A SINGLE PLAINTIFF ONLY by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, August Barone, Deborah Barone (Amstutz, Paige) (Modified on 3/29/2017 to add party filers)(skh). |
| Filing 24 CERTIFICATE OF SERVICE by August Barone, Deborah Barone for First Requests for Admission. (Barlow, Alex) |
| Filing 23 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Paige Arnette Amstutz on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Amstutz, Paige) |
| Filing 22 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Stephen E. McConnico on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (McConnico, Stephen) |
| Filing 21 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Christina Pramudji on 3/8/2017 at 9:00 a.m. (Jones, Christy) |
| Filing 20 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Alan W. Skolnick on 3/8/2017 at 9:00 a.m. (Jones, Christy) |
| Filing 19 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Melvyn Anhalt on 03/08/2017 at 9:00 a.m. (Gage, William) |
| Filing 18 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Rebecca Lynn Phillips on behalf of August Barone, Deborah Barone. (Phillips, Rebecca) |
| Filing 17 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Alex Barlow on behalf of August Barone, Deborah Barone. (Barlow, Alex) |
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Filing 16
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)
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| Filing 15 NOTICE OF VIDEO DEPOSITION by August Barone, Deborah Barone of Dr. Peter Michael Lotze on 6/19/2017 at 10:00 a.m. (Barlow, Alex) |
| Filing 14 NOTICE OF VIDEO DEPOSITION by August Barone, Deborah Barone of Dr. Melvyn A. Anhalt on 6/12/2017 at 10:00 a.m. (Barlow, Alex) |
| Filing 13 NOTICE OF VIDEO DEPOSITION by August Barone, Deborah Barone of Dr. Alan W. Skolnick on 6/15/2017 at 10:00 a.m. (Barlow, Alex) |
| Filing 12 NOTICE OF VIDEO DEPOSITION by August Barone, Deborah Barone of Dr. Christina K. Pramudji on 6/14/2017 at 10:00 a.m. (Barlow, Alex) |
| Filing 11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Susan M. Robinson on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Robinson, Susan) |
| Filing 10 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Philip J. Combs on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Combs, Philip) |
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Filing 9
ORDER: Based on representation of counsel that Laura H. Dixon no longer represents any party in this MDL or any party in any member case, the above-named counsel is terminated where she appears as counsel for any party in this MDL and in any member case. Signed by Judge Joseph R. Goodwin on 5/5/2014. (cc: attys; any unrepresented party) (kw)
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| Filing 8 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Laura H. Dixon on behalf of Ethicon, Inc., Johnson & Johnson. (Dixon, Laura) |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) |
| 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) |
| Filing 3 SUMMONS ISSUED by the Clerk on behalf of August Barone, and Deborah Barone for Ethicon, Inc., Ethicon, LLC, and Johnson & Johnson, re: #1 Complaint, returnable 21 days. Original Summons and 2 copies for each defendant mailed to Bill Robins, III for service. (mmw) |
| Filing 2 TRANSMITTED PRETRIAL ORDER 18 (Agreed Order Regarding Management of Timekeeping, Cost Reimbursement and Related Common Benefit Issues) entered on 10/04/2012 in MDL 2327 to attorneys in member case. (jap) |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2044475. (Attachment: #1 Civil Cover Sheet) (mmw) |
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