Labiche et al v. Johnson & Johnson et al
| Tammie Labiche and Mitchell Labiche |
| Ethicon Women's Health and Urology, Johnson & Johnson, Gynecare, Virginia Nisbet and Ethicon, Inc. |
| 4:2020cv04249 |
| December 15, 2020 |
| US District Court for the Southern District of Texas |
| Lynn N Hughes |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 15, 2020. A more recent docket listing may be available from PACER.
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Filing 87
Order: Initial Conference set for 2/8/2021 at 03:30 PM in Room 11122 before Judge Lynn N Hughes. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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| Filing 86 Case electronically transferred in from West Virginia Southern. Case Number 2:12-cv-06198. (ltien, 4) |
| Filing 85 CONDITIONAL REMAND ORDER, JUDICIAL PANEL ON MDL: certified copy transferring the civil actions on Exhibit A; the coordinated or consolidated pretrial proceedings in the civil actions have been completed and remand to the transferor courts, as provided in 28 U.S.C. 1407(a), is appropriate; these actions are remanded to the transferor courts. Signed by John W. Nichols, Clerk of the Panel on 12/11/2020. (cc: attys) (kew) |
| Filing 84 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #73 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 to 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 (8960) Notice of Adoption of Pls Mot to Exclude Timothy Ulatowski, #8 Exhibit MDL ECF (9051) Notice of Adoption of Response to Pls Mot to Exclude Timothy Ulatowski)(Gage, William) (Modified on 12/7/2020 to add party filers) (mkw). |
| Filing 83 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #73 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 Mot to Exclude Shelby Thames, #4 Exhibit MDL ECF (2247) Pls Reply to 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 Mot to Exclude Shelby Thames, #9 Exhibit MDL ECF (2553) Part 2 Defs Resp to Mot to Exclude Shelby Thames, #10 Exhibit MDL ECF (2553) Part 3 Defs Resp to Mot to Exclude Shelby Thames, #11 Exhibit MDL ECF (2621) Pls Reply to 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 Mot to Exclude Shelby Thames, #16 Exhibit MDL ECF (3037) Pls Reply to 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 (8958) Notice of Adoption of Pls Mot to Exclude Shelby Thames, #20 Exhibit MDL ECF (9061) Notice of Adoption of Response to Pls Mot to Exclude Shelby Thames)(Gage, William) (Modified on 12/7/2020 to add party filers) (mkw). |
| Filing 82 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #73 CONTINUED, MDL ECF (2014) Pls Mot to Exclude Jaime L. Sepulveda-Toro, #2 Exhibit MDL ECF (2018) Pls Mem in Support of Mot to Exclude Jaime L. Sepulveda-Toro, #3 Exhibit MDL ECF (2225) Pls Reply to Mot to Exclude Jaime L. Sepulveda-Toro, #4 Exhibit MDL ECF (2138) Part 1 Defs Resp to Mot to Exclude Jaime L. Sepulveda-Toro, #5 Exhibit MDL ECF (2138) Part 2 Defs Resp to Mot to Exclude Jaime L. Sepulveda-Toro, #6 Exhibit MDL ECF (2138) Part 3 Defs Resp to Mot to Exclude Jaime L. Sepulveda-Toro, #7 Exhibit MDL ECF (2508) Part 1 Defs Resp to Mot to Exclude Jaime L. Sepulveda-Toro, #8 Exhibit MDL ECF (2508) Part 2 Defs Resp to Mot to Exclude Jaime L. Sepulveda-Toro, #9 Exhibit MDL ECF (2508) Part 3 Defs Resp to Mot to Exclude Jaime L. Sepulveda-Toro, #10 Exhibit MDL ECF (2929) Defs Resp to Mot to Exclude Jaime L. Sepulveda-Toro, #11 Exhibit MDL ECF (8951) Notice of Adoption of Pls Mot to Exclude Jaime L. Sepulveda-Toro, #12 Exhibit MDL ECF (9067) Notice of Adoption of Response to Pls Mot to Exclude Jaime L. Sepulveda-Toro)(Gage, William) (Modified on 12/7/2020 to add party filers) (mkw). |
| Filing 81 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #73 CONTINUED, MDL ECF (3672) Part 1 Pls Mot to Exclude Brian Parker, #2 Exhibit MDL ECF (3672) Part 2 Pls Mot to Exclude Brian Parker, #3 Exhibit MDL ECF (3672) Part 3 Pls Mot to Exclude Brian Parker, #4 Exhibit MDL ECF (3674) Pls Mem in Support of Mot to Exclude Brian Parker, #5 Exhibit MDL ECF (3747) Defs Resp to Mot to Exclude Brian Parker, #6 Exhibit MDL ECF (3858) Pls Reply to Mot to Exclude Brian Parker, #7 Exhibit MDL ECF (8942) Notice of Adoption of Pls Mot to Exclude Brian Parker, #8 Exhibit MDL ECF (9045) Notice of Adoption of Response to Pls Mot to Exclude Brian Parker)(Gage, William) (Modified on 12/7/2020 to add party filers) (mkw). |
| Filing 80 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #73 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 Mot to Exclude Salil Khandwala, #4 Exhibit MDL ECF (2240) Pls Reply to Mot to Exclude Salil Khandwala, #5 Exhibit MDL ECF (2469) Pls Amd Mot to Exclude Salil Khandwala, #6 Exhibit MDL ECF (2470) - Pls Mem in Support of Amd Mot to Exclude Salil Khandwala, #7 Exhibit MDL ECF (2618) Pls Reply to Mot to Exclude Salil Khandwala, #8 Exhibit MDL ECF (2925) Defs Resp to Mot to Exclude Salil Khandwala, #9 Exhibit MDL ECF (8938) Notice of Adoption of Pls Mot to Exclude Salil Khandwala, #10 Exhibit MDL ECF (9057) Notice of Adoption of Response to Pls Mot to Exclude Salil Khandwala)(Gage, William) (Modified on 12/7/2020 to add party filers) (mkw). |
| Filing 79 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #73 CONTINUED, MDL ECF (2022) Pls Mot to Exclude Douglas Grier, #2 Exhibit MDL ECF (2024) Pls Mem in Support of Mot to Exclude Douglas Grier, #3 Exhibit MDL ECF (2179) Defs Resp to Mot to Exclude Douglas Grier, #4 Exhibit MDL ECF (2921) Defs Resp to Mot to Exclude Douglas Grier, #5 Exhibit MDL ECF (2982) Pls Reply to Mot to Exclude Douglas Grier, #6 Exhibit MDL ECF (8932) Notice of Adoption of Pls Mot to Exclude Douglas Grier, #7 Exhibit MDL ECF (9035) Notice of Adoption of Response to Pls Mot to Exclude Douglas Grier)(Gage, William) (Modified on 12/7/2020 to add party filers) (mkw). |
| Filing 78 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #73 CONTINUED, MDL ECF (2047) Part 1 - Defs Mot to Exclude Bruce Rosenzweig, #2 Exhibit MDL ECF (2047) Part 2 - Defs Mot to Exclude Bruce Rosenzweig, #3 Exhibit MDL ECF (2047) Part 3 - Defs Mot to Exclude Bruce Rosenzweig, #4 Exhibit MDL ECF (2047) Part 4 - Defs Mot to Exclude Bruce Rosenzweig, #5 Exhibit MDL ECF (2047) Part 5 - Defs Mot to Exclude Bruce Rosenzweig, #6 Exhibit MDL ECF (2047) Part 6 - Defs Mot to Exclude Bruce Rosenzweig, #7 Exhibit MDL ECF (2047) Part 7 - Defs Mot to Exclude Bruce Rosenzweig, #8 Exhibit MDL ECF (2047) Part 8 - Defs Mot to Exclude Bruce Rosenzweig, #9 Exhibit MDL ECF (2047) Part 9 - Defs Mot to Exclude Bruce Rosenzweig, #10 Exhibit MDL ECF (2047) Part 10 - Defs Mot to Exclude Bruce Rosenzweig, #11 Exhibit MDL ECF (2047) Part 11 - Defs Mot to Exclude Bruce Rosenzweig, #12 Exhibit MDL ECF (2047) Part 12 - Defs Mot to Exclude Bruce Rosenzweig, #13 Exhibit MDL ECF (2047) Part 13 - Defs Mot to Exclude Bruce Rosenzweig, #14 Exhibit MDL ECF (2047) Part 14 - Defs Mot to Exclude Bruce Rosenzweig, #15 Exhibit MDL ECF (2049) Defs Mem in Support of Mot to Exclude Bruce Rosenzweig, #16 Exhibit MDL ECF (2163) Part 1 Pls Resp to Mot to Exclude Bruce Rosenzweig, #17 Exhibit MDL ECF (2163) Part 2 Pls Resp to Mot to Exclude Bruce Rosenzweig, #18 Exhibit MDL ECF (2163) Part 3 Pls Resp to Mot to Exclude Bruce Rosenzweig, #19 Exhibit MDL ECF (2241) - Defs Reply in Support of Mot to Exclude Bruce Rosenzweig, #20 Exhibit MDL ECF (2817) - Defs Mot to Exclude Bruce Rosenzweig, #21 Exhibit MDL ECF (2818) Defs Mem in Support of Mot to Exclude Bruce Rosenzweig, #22 Exhibit MDL ECF (2931) Pls Resp to Mot to Exclude Bruce Rosenzweig, #23 Exhibit MDL ECF (3024) - Defs Reply in Support of Mot to Exclude Bruce Rosenzweig, #24 Exhibit MDL ECF (5332) - Defs Mot to Exclude Bruce Rosenzweig, #25 Exhibit MDL ECF (5333) Defs Mem in Support of Mot to Exclude Bruce Rosenzweig, #26 Exhibit MDL ECF (5482) Pls Resp to Mot to Exclude Bruce Rosenzweig, #27 Exhibit MDL ECF (5548) - Defs Reply in Support of Mot to Exclude Bruce Rosenzweig, #28 Exhibit MDL ECF (8987) - Notice of Adoption of Defs Mot to Exclude Bruce Rosenzweig, #29 Exhibit MDL ECF (9017) Notice of Adoption of Pls' Resp to Defs Mot to Exclude Bruce Rosenzweig)(Gage, William) (Modified on 12/7/2020 to add party filers) (mkw). |
| Filing 77 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #73 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 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 Mot to Exclude Peggy Pence, #8 Exhibit MDL ECF (3017) - Defs Reply in Support of Mot to Exclude Peggy Pence, #9 Exhibit MDL ECF (8988) - Notice of Adoption of Defs Mot to Exclude Peggy Pence, #10 Exhibit MDL ECF (9014) Notice of Adoption of Pls' Resp to Mot to Exclude Peggy Pence)(Gage, William) (Modified on 12/7/2020 to add party filers) (mkw). |
| Filing 76 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #73 CONTINUED, MDL ECF (2029) - Defs Mot to Exclude Michael Thomas Margolis, #2 Exhibit MDL ECF (2031) Defs Mem in Support of Mot to Exclude Michael Thomas Margolis, #3 Exhibit MDL ECF (2169) Pls Resp to Mot to Exclude Michael Thomas Margolis, #4 Exhibit MDL ECF (2212) - Defs Reply in Support of Mot to Exclude Michael Thomas Margolis, #5 Exhibit MDL ECF (2832) - Defs Supp Mot to Exclude Michael Thomas Margolis and Notice of Adoption, #6 Exhibit MDL ECF (2833) Defs Mem in Support of Supp Mot to Exclude Michael Margolis and Notice of Adoption, #7 Exhibit MDL ECF (2904) Pls Resp to Defs Supp Mot to Exclude Michael Margolis and Notice of Adoption, #8 Exhibit MDL ECF (8984) - Notice of Adoption of Defs Mot and Replies in Support of Mot to Exclude Michael Thomas Margolis, #9 Exhibit MDL ECF (9008) Notice of Adoption of Pls' Resp to Defs Mot to Exclude Michael Thomas Margolis)(Gage, William) |
| Filing 75 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #73 CONTINUED, MDL ECF (1977) Part 1 Defs Mot to Exclude Scott Guelcher, #2 Exhibit MDL ECF (1977) Part 2 Defs Mot to Exclude Scott Guelcher, #3 Exhibit MDL ECF (1977) Part 3 Defs Mot to Exclude Scott Guelcher, #4 Exhibit MDL ECF (1981) Defs Mem in Support of Mot to Exclude Scott Guelcher, #5 Envelope MDL ECF (2100) - Defs Mot to Substitute Amended Ex A to Defs Mot to Exclude Scott Guelcher, #6 Exhibit MDL ECF (2164) Pls Resp to Mot to Exclude Scott Guelcher, #7 Exhibit MDL ECF (2210) Defs Reply to Mot to Exclude Scott Guelcher, #8 Exhibit MDL ECF (4573) Part 1 Defs Mot to Exclude Scott Guelcher, #9 Exhibit MDL ECF (4573) Part 2 Defs Mot to Exclude Scott Guelcher, #10 Exhibit MDL ECF (4573) Part 3 Defs Mot to Exclude Scott Guelcher, #11 Exhibit MDL ECF (4573) Part 41 Defs Mot to Exclude Scott Guelcher, #12 Exhibit MDL ECF (4574) Defs Mem in Support of Mot to Exclude Scott Guelcher, #13 Exhibit MDL ECF (4675) Part 1 Pls Resp to Mot to Exclude Scott Guelcher, #14 Exhibit MDL ECF (4675) Part 2 Pls Resp to Mot to Exclude Scott Guelcher, #15 Exhibit MDL ECF (4692) Defs Reply to Mot to Exclude Scott Guelcher, #16 Exhibit MDL ECF (8973) Notice of Adoption of Defs Mot to Exclude Scott Guelcher, #17 Exhibit MDL ECF (9004) Notice of Adoption of Pls Response to Defs Mot to Exclude Scott Guelcher)(Gage, William) (Modified on 12/7/2020 to add party filers) (mkw). |
| Filing 74 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #73 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 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 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 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 (8986) - Notice of Adoption of Defs Mot and Mem in Support of Mot to Exclude Daniel Elliott, #18 Exhibit MDL ECF (9002) Notice of Adoption of Pls' Resp to Defs Mot to Exclude Daniel Elliott)(Gage, William) (Modified on 12/7/2020 to add party filers) |
| Filing 73 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 12/7/2020 to add party filers) (mkw). |
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Filing 72
ORDER AND SUGGESTION OF REMAND Pursuant to 28 U.S.C. 1407 and the Rules for Multidistrict Litigation, the court suggests that the cases on Exhibit A be remanded to the courts from which they came, as identified on the attached Exhibit A; on or before 12/9/2020 the parties are directed to confer and to file in this case, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the court directs that upon receipt and filing of an order to remand from the Clerk of the JPMDL, the Clerk shall remand the case to the United States District Courts identified on Exhibit A; on the Transfer Date, the Clerk is directed to use the appropriate function in CM/ECF to extract the cases on Exhibit A and remand them to the United States District Courts identified on Exhibit A; after remand of the cases, the Clerk is directed to formally close the cases and strike them from the docket. Signed by Judge Joseph R. Goodwin on 12/2/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; cases on Exhibit A) (kew)
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Filing 71
ORDER The #61 MOTION by Mitchell Labiche, Tammie Labiche to Strike Defendant's Over-Designated Experts in Violation of the Court's Pretrial Order #346 is GRANTED in part to the extent plaintiffs seek an order striking the experts identified by defendants in excess of five each and is otherwise DENIED; the #18 , #34 and #38 Motions are DENIED. Signed by Judge Joseph R. Goodwin on 11/20/2020. (cc: counsel of record; any unrepresented party) (kew)
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| Filing 70 REPLY by Ethicon, Inc., Johnson & Johnson to #69 Response In Opposition. (Gage, William) |
| Filing 69 RESPONSE by Mitchell Labiche, Tammie Labiche in opposition to #64 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment, #65 Memorandum In Support. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Goss, Tim) (Modified on 1/6/2020 to remove link to #68 response) (mkw). |
| Filing 68 RESPONSE AND MEMORANDUM OF LAW by Mitchell Labiche, Tammie Labiche in opposition to #67 Memorandum In Support. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Goss, Tim) |
| Filing 67 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #66 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Certain Testimony of Michael Thomas Margolis, M.D. (Gage, William) |
| Filing 66 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Certain Testimony of Michael Thomas Margolis, M.D. (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)(Gage, William) |
| Filing 65 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #64 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment. (Gage, William) |
| Filing 64 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Gage, William) |
| Filing 63 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Placeholder on TBD at TBD (Adams, Kasey) |
| Filing 62 OPPOSITION by Ethicon, Inc., Johnson & Johnson to #61 MOTION by Mitchell Labiche, Tammie Labiche to Strike Defendant's Over-Designated Experts in Violation of the Court's Pretrial Order #346. (Attachments: #1 Exhibit A, #2 Exhibit B)(Gage, William) |
| Filing 61 MOTION by Mitchell Labiche, Tammie Labiche to Strike Defendant's Over-Designated Experts in Violation of the Court's Pretrial Order #346. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Goss, Tim) |
| Filing 60 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) |
| Filing 59 NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Michael Thomas Margolis on 11/16/2019 at 7:00 PM (PTZ) (Adams, Kasey) |
| Filing 58 CERTIFICATE OF SERVICE by Mitchell Labiche, Tammie Labiche for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Goss, Tim) |
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Filing 57
STIPULATION OF DISMISSAL WITH PREJUDICE AS TO DEFENDANT VIRGINIA NISBET, M.D. ONLY/ORDER Defendant Virginia Nisbet, M.D. only is dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), parties to bear their own costs. Signed by Judge Joseph R. Goodwin on 10/7/2019. (cc: attys; any unrepresented party) (kew)
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Filing 56
PRETRIAL ORDER # 346 (Docket Control Order - Ethicon, Inc. Wave 13 Cases) The Pretrial Order # 341 is AMENDED to correct a typographical error in Paragraph A (Scheduling Deadlines); the court has removed cases from the original Exhibit A that have since closed; the remaining provisions related to Wave 13 remain in effect and are set forth herein. Signed by Judge Joseph R. Goodwin on 9/10/2019. (cc: attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (st)
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| Filing 55 STIPULATION OF DISMISSAL With Prejudice as to Defendant Virginia Nisbet, MD. Only by Mitchell Labiche, Tammie Labiche, Virginia Nisbet. (Goss, Tim) (Modified on 8/29/2019 to add party filer) (lca). |
| Filing 54 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Mitchell LaBiche on 08/24/2019 at 2:00 p.m. CST (Adams, Kasey) |
| Filing 53 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Tammie LaBiche on 08/24/2019 at 11:00 a.m. CST (Adams, Kasey) |
| Filing 52 AMENDED NOTICE OF VIDEO DEPOSITION by Mitchell Labiche, Tammie Labiche of Virginia M. Nisbet, M.D. on August 20, 2019 at 1:00 P.M. (Central) (Goss, Tim) |
| Filing 51 CERTIFICATE OF SERVICE by Ethicon, Inc. for Objections and Responses to Plaintiff's First Set of Interrogatories, Requests for Production, and Requests for Admissions. (Adams, Kasey) |
| Filing 50 AMENDED NOTICE TO TAKE VIDEO DEPOSITION by Mitchell Labiche, Tammie Labiche of Virginia M. Nisbet, M.D. on August 20, 2019 at 10:00 A.M. (Central) (Goss, Tim) |
| Filing 49 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories to Plaintiff, Mitchell LaBiche. (Adams, Kasey) |
| Filing 48 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Request for Admissions, and Request for Production of Documents to Plaintiff. (Adams, Kasey) |
| Filing 47 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kasey Mitchell Adams on behalf of Johnson & Johnson. (Adams, Kasey) |
| Filing 46 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Benjamin M. Watson on behalf of Johnson & Johnson. (Watson, Benjamin) |
| Filing 45 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Benjamin M. Watson on behalf of Ethicon, Inc.. (Watson, Benjamin) |
| Filing 44 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kasey Mitchell Adams on behalf of Ethicon, Inc.. (Adams, Kasey) |
| Filing 43 NOTICE OF VIDEO DEPOSITION by Mitchell Labiche, Tammie Labiche of Virginia M. Nisbet, M.D. on July 20, 2019 at 10:00 AM (Goss, Tim) |
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Filing 42
PRETRIAL ORDER # 341 (Docket Control Order Ethicon, Inc. Wave 13 Cases) The court ORDERS as follows for the cases on Exhibit A: (1) The cases are no longer eligible for placement or return to the inactive docket nor may notices of settlement be filed to relieve the parties from these scheduling deadlines; (2) To the extent any other defendants are named in the cases on Exhibit A, the deadlines below also apply to them; and (3) The following deadlines immediately apply in all Wave 13 cases with one important exception, as more fully set forth herein. SCHEDULING DEADLINES. The following deadlines shall apply in all Ethicon Wave 13 cases: Plaintiff Fact Sheets due by 07/01/2019. Defendant Fact Sheets due by 07/11/2019. Deadline for written discovery requests due by 08/09/2019. Expert disclosures served by plaintiffs pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 10/08/2019. Expert disclosure served by defendants pursuant to Fed. R. Civ P. 26 as limited by 3.a. of this order due by 11/07/2019. Expert disclosure served for rebuttal pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 11/14/2019. Deposition deadline and close of discovery due by 12/13/2019. Filing of dispositive motions due by 12/20/2019. Response to dispositive motions due by 01/03/2020. Reply to response to dispositive motions due by 01/10/2020. Filing of Daubert motions due by 12/20/2020. Responses to Daubert motions due by 01/03/2020. Reply to response to Daubert motions due by 01/10/2020. 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 by 11/4/2019, and any response is due by 11/18/2019. Any reply is due by 11/25/2019. Venue Recommendations. The parties shall meet and confer concerning the appropriate venue for each of the cases no late than 11/5/2019, and are ORDERED to file joint venue recommendations by 11/15/2019. The Clerk is directed to remove any existing wave or inactive flags from the cases on Exhibit A and place the Ethicon Wave 13 flag. Signed by Judge Joseph R. Goodwin on 6/20/2019. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 13 cases on Exhibit A) (st)
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| Filing 41 AMENDED NOTICE of Withdrawal of Co-Counsel for Defendants Ethicon, Inc. and Johnson & Johnson by Ethicon, Inc., Johnson & Johnson re: #40 Notice. (Robinson, Susan) |
| Filing 40 NOTICE of Withdrawal of Co-Counsel for Defendants Ethicon, Inc. and Johnson & Johnson by Ethicon, Inc., Johnson & Johnson (Robinson, Susan) |
| Filing 39 RESPONSE by Ethicon, Inc., Johnson & Johnson in opposition to #38 MOTION by Mitchell Labiche, Tammie Labiche for Reconsideration of the Southern District of Texas' #24 Denial of Plaintiff's Motion to Remand. (Gage, William) |
| Filing 38 MOTION by Mitchell Labiche, Tammie Labiche for Reconsideration of the Southern District of Texas' #24 Order/Improper Denial of Remand (with incorporated Memorandum in Support). (Goss, Tim) |
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Filing 37
ORDER granting the Motions filed in MDL 2327 by Ethicon, Inc., Johnson & Johnson to Substitute Susan M. Robinson as Counsel in lieu of David B. Thomas, and to Substitute William M. Gage as Counsel in lieu of Christy D. Jones; the Clerk is directed to terminate Christy D. Jones and to substitute William M. Gage as counsel of record, both on the main master docket and for each individual member case in MDL 2327 with which Christy D. Jones is associated, and to terminate David B. Thomas and to substitute Susan M. Robinson as counsel of record, both on the main master docket and for each individual member case in MDL 2327 with which David B. Thomas is associated. Signed by Judge Joseph R. Goodwin on 5/24/2018. (cc: counsel of record; any unrepresented party) (lca) (ADI)
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Filing 36
ORDER granting MOTION by Tim K. Goss, Tamara L. Banno, John Harloe, Yvette Diaz and Freese & Goss, PLLC for Change of Address filed in MDL 2327. The Clerk is DIRECTED to update the firm address, as set forth in the Motion, both on the main master docket and for each individual member case in MDL 2327 with which Tim K. Goss, Tamara L. Banno, John Harloe, and Yvette Diaz are associated. Signed by Judge Joseph R. Goodwin on 5/24/2016. (cc: attys; any unrepresented party) (klc)
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| Filing 35 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) |
| Filing 34 MOTION by Virginia Nisbet, M.D., Virginia Nisbet, M.D., P.A. to Dismiss (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (skh) |
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Filing 33
ORDER It is ORDERED that the #30 Plaintiffs' Waiver of Lexecon Objections and Motion for Trial Settings for Certain Plaintiffs of Freese & Goss and Matthews and Associates is DENIED. Signed by Judge Joseph R. Goodwin on 8/10/2015. (cc: counsel of record; any unrepresented party) (ts)
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| Filing 32 REPLY by Mitchell Labiche, Tammie Labiche to #31 Response In Opposition. (Goss, Tim) |
| Filing 31 RESPONSE by Ethicon, Inc., Johnson & Johnson in opposition to #30 MOTION by Mitchell Labiche, Tammie Labiche for Trial Settings for Selected Plaintiffs of Freese & Goss and Matthews and Associates (Jones, Christy) |
| Filing 30 WAIVER OF LEXECON OBJECTIONS and MOTION by Mitchell Labiche, Tammie Labiche for Trial Settings for Selected Plaintiffs of Freese & Goss and Matthews and Associates (Attachment: #1 Exhibit A)(Goss, Tim) |
| Filing 29 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) |
| Filing 28 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson. (Thomas, David) |
| Filing 27 TRANSMITTED PRETRIAL ORDER 16 (Scheduling & Rescheduling Future Status Conferences) entered on 09/26/2012 in MDL 2327 to attorneys in member case. (jap) |
| Filing 26 CASE TRANSFERRED IN from the Texas Southern; Case Number 4:12-cv-02584. Original file certified copy of transfer order and docket sheet received. |
| Filing 25 JPML CONDITIONAL TRANSFER ORDER (57) transferring case to Southern District of West Virginia to be included in MDL Docket No. 2327. Case terminated on 10/3/2012.() (Attachments: #1 CTO-57) Parties notified.(lgouadi, ) [Transferred from Texas Southern on 10/3/2012.] |
| Interdistrict transfer to Southern District of West Virginia. Case transferred electronically, filed. (lgouadi, ) [Transferred from Texas Southern on 10/3/2012.] |
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Filing 24
Management ORDER. The motions to remand are denied #7 , #11 . The motion to stay is denied #5 . The motion to transfer is denied #6 . (Signed by Judge Lynn N. Hughes) Parties notified. (ghassan, ) [Transferred from Texas Southern on 10/3/2012.]
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| Filing 23 Partial DISMISSAL. Ethicon Women's Health and Urology and Gynecare, Inc., are dismissed as improvidently sued. (Signed by Judge Lynn N. Hughes) Parties notified. (ghassan, ) [Transferred from Texas Southern on 10/3/2012.] |
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Filing 22
CONFERENCE MEMORANDUM: Initial conference held. Appearances: Travis Shaw, David Matthews, Julie Rhoades, Cynthia Freeman, Samuel Houston, Stephen Lewis, Howard Close, Andrew Love. Ct Reporter: C. Barron. Order to be entered. Internal review set for 10/29/2012. (Signed by Judge Lynn N. Hughes) Parties notified. (ghassan, ) [Transferred from Texas Southern on 10/3/2012.]
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| Filing 21 NOTICE of Appearance by Howard L. Close on behalf of Ethicon, Inc, Johnson & Johnson, filed. (Close, Howard) [Transferred from Texas Southern on 10/3/2012.] |
| Filing 20 RESPONSE in Opposition to #7 MOTION to Remand, filed by Ethicon, Inc, Johnson & Johnson. (Lewis, Stephen) [Transferred from Texas Southern on 10/3/2012.] |
| Filing 19 per filer, FILED IN ERROR. document to be re-filed. RESPONSE in Opposition to #7 MOTION to Remand, filed by Ethicon, Inc, Johnson & Johnson. (Lewis, Stephen) Modified on 9/21/2012 (jdav, ). [Transferred from Texas Southern on 10/3/2012.] |
| Filing 18 SUPPLEMENT to #6 MOTION to Transfer Case to Judge Costa-Galveston Division by Ethicon, Inc, Johnson & Johnson, filed.(Lewis, Stephen) [Transferred from Texas Southern on 10/3/2012.] |
| Filing 17 REPLY in Support of #5 MOTION to Stay, filed by Ethicon, Inc, Johnson & Johnson. (Lewis, Stephen) [Transferred from Texas Southern on 10/3/2012.] |
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Filing 16
Order Resetting Conference. Initial Conference reset for 9/26/2012 at 10:30 AM in Room 11122 before Judge Lynn N. Hughes. (Signed by Judge Lynn N. Hughes) Parties notified. (ghassan, ) [Transferred from Texas Southern on 10/3/2012.]
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| Filing 15 NOTICE of Appearance by Julie Rhoades on behalf of Julie L. Rhoades, filed. (Rhoades, Julie) [Transferred from Texas Southern on 10/3/2012.] |
| Filing 14 MOTION for Continuance of Pre-Trial Conference by Ethicon, Inc, Johnson & Johnson, filed. Motion Docket Date 10/1/2012. (Attachments: #1 Supplement, #2 Proposed Order)(Lewis, Stephen) [Transferred from Texas Southern on 10/3/2012.] |
| Filing 13 INITIAL DISCLOSURES by Mitchell Labiche, Tammie Labiche, filed.(Goss, Tim) [Transferred from Texas Southern on 10/3/2012.] |
| Filing 12 INITIAL DISCLOSURES by Virginia Nisbet, filed.(Houston, Samuel) [Transferred from Texas Southern on 10/3/2012.] |
| Filing 11 Joint MOTION to Remand by Virginia Nisbet, filed. Motion Docket Date 9/28/2012. (Houston, Samuel) [Transferred from Texas Southern on 10/3/2012.] |
| Filing 10 INITIAL DISCLOSURES by Ethicon, Inc, Johnson & Johnson, filed.(Lewis, Stephen) [Transferred from Texas Southern on 10/3/2012.] |
| Filing 9 RESPONSE in Opposition to #5 MOTION to Stay, filed by Mitchell Labiche, Tammie Labiche. (Goss, Tim) [Transferred from Texas Southern on 10/3/2012.] |
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Filing 8
Order: Initial Conference set for 9/13/2012 at 09:30 AM in Room 11122 before Judge Lynn N. Hughes. (Signed by Judge Lynn N. Hughes) Parties notified. (ghassan, ) [Transferred from Texas Southern on 10/3/2012.]
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| Filing 7 MOTION to Remand by Mitchell Labiche, Tammie Labiche, filed. Motion Docket Date 9/21/2012. (Goss, Tim) [Transferred from Texas Southern on 10/3/2012.] |
| Filing 6 MOTION to Transfer Case to Judge Costa-Galveston Division by Ethicon, Inc, Johnson & Johnson, filed. Motion Docket Date 9/20/2012. (Attachments: #1 Proposed Order)(Lewis, Stephen) [Transferred from Texas Southern on 10/3/2012.] |
| Filing 5 MOTION to Stay by Ethicon, Inc, Johnson & Johnson, filed. Motion Docket Date 9/19/2012. (Attachments: #1 Proposed Order, #2 Supplement, #3 Exhibit)(Lewis, Stephen) [Transferred from Texas Southern on 10/3/2012.] |
| Filing 4 NOTICE in a Removed or Transferred Case(Signed by Judge Lynn N. Hughes) Parties notified.(mlothmann) [Transferred from Texas Southern on 10/3/2012.] |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Ethicon, Inc, Johnson & Johnson, filed.(Lewis, Stephen) [Transferred from Texas Southern on 10/3/2012.] |
| Filing 2 MOTION for Anita Modak-Truran to Appear Pro Hac Vice by Ethicon, Inc, Johnson & Johnson, filed. Motion Docket Date 9/18/2012. (Lewis, Stephen) [Transferred from Texas Southern on 10/3/2012.] |
| Filing 1 NOTICE OF REMOVAL from 122nd District Court, case number 12CV1502 (Filing fee $ 350 receipt number 0541-10234880) filed by Ethicon, Inc, Johnson and Johnson. (Attachments: #1 Exhibit A)(Lewis, Stephen) [Transferred from Texas Southern on 10/3/2012.] |
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