Dalberg et al v. Ethicon, Inc. et al
| Cornelius Dalberg and Rebecca Dalberg |
| Johnson & Johnson, Ethicon, LLC, Ethicon Inc. and C. R. Bard Inc. |
| 6:2020cv00030 |
| January 16, 2020 |
| US District Court for the Western District of Texas |
| Alan D Albright |
| Jeffrey C Manske |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 54
ORDER GRANTING #53 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Jeffrey C. Manske. (am)
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| Filing 53 MOTION to Appear Pro Hac Vice by Lee B. Balefsky ( Filing fee $ 100 receipt number 0542-13285645) by on behalf of Cornelius Dalberg, Rebecca Dalberg. (Attachments: #1 Proposed Order, #2 Exhibit A). Motions referred to Judge Jeffrey C. Manske. (Balefsky, Lee) |
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Filing 52
ORDER GRANTING #50 Motion to Appear Pro Hac Vice for Philip M. Pasquarello. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Jeffrey C. Manske. (mc5)
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| Filing 51 Certificate of Interested Parties by Ethicon Inc., Johnson & Johnson. (Cowan, Christopher) |
| Filing 50 MOTION to Appear Pro Hac Vice by Steven E. Aldous for Philip Michael Pasquarello ( Filing fee $ 100 receipt number 0542-13173865) by on behalf of Cornelius Dalberg, Rebecca Dalberg. (Attachments: #1 Exhibit, #2 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Aldous, Steven) |
| Filing 49 NOTICE of Attorney Appearance by Steven E. Aldous on behalf of Cornelius Dalberg, Rebecca Dalberg. Attorney Steven E. Aldous added to party Cornelius Dalberg(pty:pla), Attorney Steven E. Aldous added to party Rebecca Dalberg(pty:pla) (Aldous, Steven) |
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Filing 48
ORDER GRANTING #46 Motion to Substitute Attorney. Signed by Judge Alan D Albright. (am)
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| Filing 47 SUPPLEMENT to #46 Unopposed MOTION to Substitute Attorney by Ethicon Inc., Johnson & Johnson. (Attachments: #1 Proposed Order)(Cowan, Christopher) |
| Filing 46 Unopposed MOTION to Substitute Attorney by Ethicon Inc., Johnson & Johnson. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Cowan, Christopher) |
| Filing 45 NOTICE of Attorney Appearance by Katherine Ann Fillmore on behalf of Ethicon Inc., Johnson & Johnson. Attorney Katherine Ann Fillmore added to party Ethicon Inc.(pty:dft), Attorney Katherine Ann Fillmore added to party Johnson & Johnson(pty:dft) (Fillmore, Katherine) |
| Filing 44 NOTICE of Attorney Appearance by Christopher R. Cowan on behalf of Ethicon Inc., Johnson & Johnson. Attorney Christopher R. Cowan added to party Ethicon Inc.(pty:dft), Attorney Christopher R. Cowan added to party Johnson & Johnson(pty:dft) (Cowan, Christopher) |
| Filing 43 Pro Hac Vice Letter to KLINE SPECTER attys. (lad) |
| Filing 42 Pro Hac Vice Letter to BUTLER SNOW attys. (lad) |
| Filing 41 Pro Hac Vice Letter to THOMAS COMBS attys. (lad) |
| Case assigned to Judge Alan D Albright and REFERRED to Magistrate Judge Jeffrey C. Manske. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE (lad) |
| Filing 40 Case electronically transferred in from Southern District of West Virginia; Case Number 2:13-cv-09725. |
| Filing 39 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 3621 - MOL in Support of MTE Iakovlev, #2 Exhibit ECF 3790 A - Pl response to Iak daubert and Exhibit A, #3 Exhibit ECF 3790 Part 1 - Pl response to Iak daubert and Exhibit A-H, #4 Exhibit ECF 3790 Part 2 - Pl response to Iak daubert and Exhibit I-T)(Robinson, Susan) [Transferred from West Virginia Southern on 1/16/2020.] |
| Filing 38 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 6965 - NOA of Prior Daubert Response Regarding Timothy Ulatowski, #2 Exhibit ECF 7143 - NOA of Prior Daubert Reply of Timothy Ulatowski, M.D., #3 Exhibit ECF 2063 Part 1 - Motion to Preclude Testimony of Dr. Felix Exhibits A-F, #4 Exhibit ECF 2063 Part 2 - Motion to Preclude Testimony of Dr. Felix Exhibit G, #5 Exhibit ECF 2069 - PLFs' MIS of DRT MTP Testimony of Juan Carlos Felix, #6 Exhibit ECF 2184 Part 1 - Response in Opposition to Motion to Preclude Testimony of Dr. Felix Exhibits A-C, #7 Exhibit ECF 2184 Part 2 - Response in Opposition to Motion to Preclude Testimony of Dr. Felix Exhibits A-C, #8 Exhibit ECF 2255 - PLFs' REPLY to RSP in Opp to DRT MTP Testimony of Juan Carlos Felix, #9 Exhibit ECF 6796 - NOA Prior DM of Juan Felix, M.D., #10 Exhibit ECF 6966 - NOA of Prior DRT RSP RE Dr. Juan C. Felix, M.D., #11 Exhibit ECF 7093 - NOA of Prior DRT Reply of Juan Carlos Felix, MD, #12 Exhibit ECF 2039 - Plaintiffs' MTE the Opinions and Testimony of Shelby Thames, #13 Exhibit ECF 2042 - Memo in Supp of MTE Testimony of Shelby Thames, #14 Exhibit ECF 2187 - Resp in Opp to MTE Testimony of Dr. Shelby Thames, Ph.D., #15 Exhibit ECF 2247 - REPLY in Sup of PL MTE the Opinions of Dr. Shelby Thames, #16 Exhibit ECF 2455 Part 1 - MTE by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames, #17 Exhibit ECF 2455 Part 2 - MTE by All Plaintiffs to Testimony of Dr. Shelby Thames, #18 Exhibit ECF 2458 - MEMORANDUM in support of MTE of Dr. Shelby Thames, #19 Exhibit ECF 2553 Part 1 - Response in Opp to Plaintiffs MTE Opinions and Testimony of Shelby T, #20 Exhibit ECF 2553 Part 2 - Response in Opp to Plaintiffs MTE Opinions and Testimony of Shelby T, #21 Exhibit ECF 2553 Part 3 - Response in Opp to Plaintiffs MTE Opinions and Testimony of Shelby T, #22 Exhibit ECF 2621 - Reply in support of MTE the Opinions of Dr. Shelby Thames, #23 Exhibit ECF 2839 -Part 1 - MTE by All Plaintiffs the Opinions and Testimony of Dr. Shelby Thames, #24 Exhibit ECF 2839 -Part 2 - MTE by All Plaintiffs the Opinions and Testimony of Dr. Shelby Thames, #25 Exhibit ECF 2841 - Memo in Supp of MTE Testimony of Dr. Shelby Thames, #26 Exhibit ECF 2957 - Resp in Opp to MTE testimony of Dr. Shelby Thames, #27 Exhibit ECF 3037 - REPLY by ALL Plaintiffs in Support of MTE the Opinions of Dr. Shelby Thames, #28 Exhibit ECF 6857 - NOA of Prior Daubert Motion of Shelby Thames, #29 Exhibit ECF 6972 - NOA of Prior Daubert Response of Shelby Thames for Wave 8, #30 Exhibit ECF 7113 - NOA of Prior Daubert Reply of Shelby Thames, M.D)(Robinson, Susan) [Transferred from West Virginia Southern on 1/16/2020.] |
| Filing 37 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 7038 - Plf's Response to MTE Iakovlev Wave 8 (7038), #2 Exhibit ECF 7045 - Plf's Opposition to Defs' MTE Iakovlev Wave 8 (7045), #3 Exhibit ECF 7085 - Pl amended NOA response for wave 8 (7085), #4 Exhibit ECF 7183 - Def Reply to MTE Iak wave 8 (7183), #5 Exhibit ECF 2759 - Defendants MTE Peggy Pence, PH.D., #6 Exhibit ECF 2760 - MEMORANDUM in Support of MTE Peggy Pence, Ph.D., #7 Exhibit ECF 2949 - Plaintiffs in Opposition to MTE Peggy Pence, #8 Exhibit ECF 3017 - REPLY in Support of MTE Peggy Pence, PH.D., #9 Exhibit ECF 6821 - NOA of Prior Daubert Motion to Exclude Peggy Pence, Ph.D., #10 Exhibit ECF 6958 - NOA of Prior Daubert Response of Peggy Pence, Ph.D., #11 Exhibit ECF 7177 - NOA of Prior Reply of Daubert Motion to Exclude Peggy Pence, #12 Exhibit ECF 2035 - MTE by Plfs Testimony of Christina Pramudji, MD, #13 Exhibit ECF 2037 - MIS of MTE Testimony of Christina Pramudji, #14 Exhibit ECF 2153 - RESPONSE by Defs in opp to 2035 MOTION by Certain Plfs in W1 Cases, #15 Exhibit ECF 2236 - REPLY in Support of MTE Testimony of Christina Pramudji, #16 Exhibit ECF 2530 - MIO to MTE Testimony of Christina Pramudji, #17 Exhibit ECF 6829 - NOA of Prior Motion of Christina Pramudji, MD, #18 Exhibit ECF 7037 - NOA of Prior Responses Re Christina Pramudji for W 8 by Defs, #19 Exhibit ECF 7138 - NOA of Prior Reply of Christina Pramudji, MD for W8 by Plfs, #20 Exhibit ECF 2104 - MOTION by All Plaintiffs to Exclude Certain General Opinions of E. Stanton Shoemaker, M.D., #21 Exhibit ECF 2105 - Memo by All PL in Supp of 2104 MOTION by All Plaintiffs to Exclude Certain, #22 Exhibit ECF 2239 - Resp in Opp to MTE Certain General Opinions of E. Stanton Shoemaker, M.D., #23 Exhibit ECF 2923 - Memo by Ethicon in Opp to MTE Opinions and Testimony of Dr. E. Stanton Shoemaker, M.D._33188660_1, #24 Exhibit ECF 6853 - NOA of Prior Daubert Motion of E. Stanton Shoemaker, M.D. for Wave 8, #25 Exhibit ECF 7002 - NOA of Prior Daubert Responses Regarding Stanton Shoemaker, M.D. for Wave 8 by Ethicon, Inc., Johnson & Johnson, #26 Exhibit ECF 2060 - MTE by all Plaintiffs the Opinions of FDA Expert Timothy Ulatowski, #27 Exhibit ECF 2065 - Memo in Supp of MTE Testimony of Timothy Ulatowski, #28 Exhibit ECF 2134 - Response in Opp to MTE Timothy Ulatowski, #29 Exhibit ECF 2232 - PL Reply Brief in Supp of Their Daubert MTE Timothy Ulatowski, #30 Exhibit ECF 2910 - Notice of Response and Adoption of prior response regarding Timothy Ulatowski)(Robinson, Susan) [Transferred from West Virginia Southern on 1/16/2020.] |
| Filing 36 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 238 - FIRST AMENDED MASTER FORM FORM COMPLAINT AND JURY DEMAND, #2 Exhibit ECF 239 - MASTER ANSWER ETHICON, INC, #3 Exhibit ECF 241 - MASTER ANSWER JOHNSON & JOHNSON, #4 Exhibit ECF 262 - SHORT FORM COMPLAINT, #5 Exhibit ECF 263 - AMENDED SHORT FORM COMPLAINT, #6 Exhibit ECF 2815 - MIS of Motion to Exclude Certain General Opinions of Daniel Elliott, M.D, #7 Exhibit ECF 2952 - MEMORANDUM in Opposition to Motion to Exclude Opinions of Daniel Elliot, #8 Exhibit ECF 5339 - Segment 001 of (5339) Motion to Exclude Opinions of Daniel Elliot, M.D., #9 Exhibit ECF 5340 - MEMORANDUM in Support of Motion to Exclude Opinions of Daniel Elliot, M.D., #10 Exhibit ECF 5491 - MEMORANDUM in Opposition to Motion to Exclude Opinions of Daniel Elliot, #11 Exhibit ECF 6842 - NOTICE of Adoption of Prior Daubert Motion to Exclude Opinions of Daniel Elliot, #12 Exhibit ECF 6922 - NOTICE of Adoption of Prior Daubert Response of Daniel Elliot, M.D., #13 Exhibit ECF 3626 Part 1 - MT Limit Klinge, #14 Exhibit ECF 3626 Part 2 - MT Limit Klinge, #15 Exhibit ECF 3630 - MEMORANDUM In Support of MT Limit Klinge, #16 Exhibit ECF 3767 Part 1 - Response in Opposition to MTE Klinge, #17 Exhibit ECF 3767 Part 2 - Response in Opposition to MTE Klinge, #18 Exhibit ECF 3767 Part 3 - Response in Opposition to MTE Klinge, #19 Exhibit ECF 3767 Part 4 - Response in Opposition to MTE Klinge, #20 Exhibit ECF 3855 - REPLY IN SUPPORT of Motion to Limit the Testimony of Prof. Dr. Med. Uwe Klinge, #21 Exhibit ECF 6648 - NOA of Ethicon's Motion to Exclude the Testimony Klinge, #22 Exhibit ECF 6833 - Amended Notice of Adoption to Exclude Testimony of Uwe Klinge, #23 Exhibit ECF 6926 - NOTICE of Adoption of Prior Daubert Response of Prof. Dr. Med. Uwe Klinge, #24 Exhibit ECF 7123 - NOTICE of Adoption of Prior Daubert Reply Regarding Prof. Dr. Med. Uwe Klinge, #25 Exhibit ECF 3619 A - Motion to Exclude Iakovlev & EXHIBITS A-J, #26 Exhibit ECF 3619 Part 1 - EXHIBITS K-AA Motion to Exclude Iakovlev, #27 Exhibit ECF 3619 Part 2 EXHIBITS BB-FF Motion to Exclude Iakovlev, #28 Exhibit ECF 3865 - Def Reply to MTE Iakovlev, #29 Exhibit ECF 6874 A - Def MTE Iak and EXHIBITS A-D, #30 Exhibit ECF 6874 - Part 1 Exhibit D Defs' MTE Iak Wave 8, #31 Exhibit ECF 6874 - Part 2 EXHIBIT D-H Defs' MTE Iak Wave 8)(Robinson, Susan) (Modified on 1/8/2020 to add party filers)(mk). [Transferred from West Virginia Southern on 1/16/2020.] |
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Filing 35
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 1/09/2020 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 1/08/2020 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 12/19/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 1/16/2020.]
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| Filing 34 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Attachments: #1 Exhibit Exh 1 - List of Cases, #2 Exhibit Exh 2 - Letter)(Gage, William) [Transferred from West Virginia Southern on 1/16/2020.] |
| Filing 33 RESPONSE TO ORDER TO SHOW CAUSE by Cornelius Dalberg, Rebecca Dalberg (Balefsky, Lee) [Transferred from West Virginia Southern on 1/16/2020.] |
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Filing 32
SHOW CAUSE ORDER directing that plaintiffs' leadership and counsel for ALL defendants named in cases on Exhibit 1 are directed to show cause in writing why they should not be sanctioned for failing to comply with the Order entered in MDL 2327 at ECF #7710 by Wednesday 4/24/2019; any filing must be made in the individual cases on Exhibit 1; the court will schedule a hearing at a later date. Signed by Judge Joseph R. Goodwin on 4/10/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit 1) (mwk) (ADI) [Transferred from West Virginia Southern on 1/16/2020.]
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Filing 31
ORDER The court ORDERS that by 4/8/2019 plaintiffs' leadership and counsel for ALL defendants with cases identified on Exhibit A attached hereto are directed to go to the court's website at https://www.wvsd.uscourts.gov/MDL/ethicon/forms.html, complete and jointly submit one copy of the Transfer/Remand Information Spreadsheet in Excel format as found on the court's website to the court at WVSDml_MDL_Transfers@wvsd.uscourts.gov; the parties shall use the Transfer/Remand Information Spreadsheet on the court's website, as it is already partially completed; if the court's docket sheet for any case on Exhibit A indicates that the case has closed prior to or after the entry of this order, the parties are directed to so indicate on the Transfer/Remand Information Spreadsheet and need not complete the requested information on the Spreadsheet; the court cautions that many of these cases name other MDL defendants in addition to the Ethicon defendants; the court expects any necessary coordination from all defendants remaining in the cases on Exhibit A. Signed by Judge Joseph R. Goodwin on 3/26/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (sak) (ADI) [Transferred from West Virginia Southern on 1/16/2020.]
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| Filing 30 OPPOSITION by Cornelius Dalberg, Rebecca Dalberg to #27 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Attachment: #1 Proposed Order)(Balefsky, Lee) [Transferred from West Virginia Southern on 1/16/2020.] |
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Filing 29
ORDER Directing that the Stipulation of Dismissal of Defendant Ethicon LLC filed in each case listed in Exhibit A is APPROVED; the Clerk is DIRECTED to dismiss Ethicon LLC in each case in Exhibit A. Signed by Judge Joseph R. Goodwin on 10/25/2018. (cc: counsel of record; any unrepresented party) (kab) [Transferred from West Virginia Southern on 1/16/2020.]
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| Filing 28 MEMORANDUM OF LAW by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in support of #27 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Combs, Philip) [Transferred from West Virginia Southern on 1/16/2020.] |
| Filing 27 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A - D)(Combs, Philip) [Transferred from West Virginia Southern on 1/16/2020.] |
| Filing 26 FOURTH AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Mark Lobaugh on 9/26/18 at 1:00 p.m. (Robinson, Susan) [Transferred from West Virginia Southern on 1/16/2020.] |
| Filing 25 NOTICE OF VIDEO DEPOSITIONS by Ethicon, Inc., Johnson & Johnson of Friends and Family: Rebecca Dalberg, Wavelyn Boothe, Cornelius Dalberg, Dalbert John Fleetwood, Shelly Sacone, Jeffrey Fleetwood, Jamie Fleetwood on a Date and Time to Be Determined (Robinson, Susan) [Transferred from West Virginia Southern on 1/16/2020.] |
| Filing 24 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. (Gage, William) [Transferred from West Virginia Southern on 1/16/2020.] |
| Filing 23 RETURN OF SERVICE ON SUBPOENA for Dr. Mark Lobaugh. (Robinson, Susan) [Transferred from West Virginia Southern on 1/16/2020.] |
| Filing 22 THIRD AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Mark Lobaugh on 9/26/18 at 10:00 a.m. (Robinson, Susan) [Transferred from West Virginia Southern on 1/16/2020.] |
| Filing 21 RETURN OF SERVICE ON SUBPOENA for Dr. Mark Lobaugh. (Robinson, Susan) [Transferred from West Virginia Southern on 1/16/2020.] |
| Filing 19 STIPULATION OF DISMISSAL OF DEFENDANT ETHICON LLC With Prejudice by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Rebecca Dalberg, Cornelius Dalberg (Robinson, Susan) (Modified on 6/19/2018 to add party filers)(rmc). [Transferred from West Virginia Southern on 1/16/2020.] |
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Filing 20
PRETRIAL ORDER # 303 (Amended Docket Control Order - Ethicon, Inc. Wave 8 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 280. The parties are advised that while this order will be entered in the individual cases in the coming days, it is effective as of the day it was entered in the main MDL. The following deadlines immediately apply in all Wave 8 cases: Plaintiff Fact Sheets due by 03/19/2018; Defendant Fact Sheets due by 04/19/2018; Deadline for written discovery requests due by 05/18/2018; Expert disclosures served by plaintiffs pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 07/13/2018; Expert disclosure served by defendants pursuant to Fed R. Civ P. 26 as limited by 3.a. of this order due by 08/13/2018; Expert disclosure served for rebuttal pursuant to Fed R. Civ. P. 26 as limited by 3.a. of this order due by 08/20/2018; Deposition deadline and close of discovery due by 10/04/2018; Filing of Dispositive Motions due by 10/18/2018; Response to Dispositive Motions due by 10/25/2018; Reply to response to Dispositive motions due by 11/01/2018; Filing of Daubert motions due by 10/18/2018; Responses to Daubert motions due by 10/25/2018; and Reply to response to Daubert motions due by 11/01/2018. Signed by Judge Joseph R. Goodwin on 6/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases) (kab) (ADI) [Transferred from West Virginia Southern on 1/16/2020.]
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| Filing 18 SECOND AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Mark Lobaugh on 8/1/18 at 1:00 p.m. (Robinson, Susan) [Transferred from West Virginia Southern on 1/16/2020.] |
| Filing 17 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Mark Lobaugh on 7/16/18 at 9:00 a.m. (Robinson, Susan) [Transferred from West Virginia Southern on 1/16/2020.] |
| Filing 16 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (Robinson, Susan) [Transferred from West Virginia Southern on 1/16/2020.] |
| Filing 15 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Rebecca Dalberg on 4/25/18 at 2:00 p.m. (Robinson, Susan) [Transferred from West Virginia Southern on 1/16/2020.] |
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Filing 14
ORDER (Dismissing Case with Prejudice) granting the Joint Motion to Dismiss Certain Defendants with Prejudice filed in MDL 2327 by plaintiffs, identified on the attached Exhibits A, and C. R. Bard, Inc.; the parties are seeking dismissal of C. R. Bard, Inc. from these actions with prejudice because all claims between them have been compromised and settled; other defendants remain in these actions and plaintiffs will continue to prosecute these actions against them. Signed by Judge Joseph R. Goodwin on 2/8/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 1/16/2020.]
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| Filing 12 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Mark Lobaugh on 4/2/2018 at 9:00 a.m. (Jones, Alyson) [Transferred from West Virginia Southern on 1/16/2020.] |
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Filing 13
PRETRIAL ORDER # 280 (Docket Control Order - Ethicon, Inc. Wave 8 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING ETHICON, INC. CASES. The court ORDERS that this Docket Control Order be filed in the main MDL and, as of the time of that filing in every case listed on Exhibit A (hereinafter "Wave 8 cases") becomes subject to the deadlines in this Docket Control Order. For any cases in the Ethicon, Inc. MDL with a Covidien Wave 1 flag, the stay on the flagged Covidien Wave 1 cases is lifted and the Covidien Wave 1 cases in the Ethicon MDL are incorporated in the Ethicon, Inc., Wave 8 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 8 cases: A. Scheduling Deadlines. Plaintiff Fact Sheets due by 3/19/2018, Defendant Fact Sheets due by 4/19/2018, Deadline for written discovery requests due by 5/18/2018, Expert disclosure by plaintiffs due by 6/04/2018, Expert disclosure by defendants due by 7/05/2018, Expert disclosure for rebuttal purposes due by 7/23/2018, Deposition deadline and close of discovery due by 9/04/2018, Deadline to file list of general causation experts in each individual Wave 8 case due by 9/11/2018, Filing of Dispositive Motions due by 9/21/2018, Response to Dispositive Motions due by 10/05/2018, Reply to response to dispositive motions due by 10/12/2018, Filing of Daubert motions due by 10/05/2018, Responses to Daubert motions due by 10/19/2018, and Reply to response to Daubert motions due by 10/26/2018. B.4. Confidential Documents. In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 8/10/2018, and any response is due by 8/24/2018. Any reply is due by 8/31/2018. C.1. Venue Recommendations. By no later than 8/27/2018 the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties are ORDERED to submit joint venue recommendations to the court by 9/03/2018. Additional directives are set forth herein. Signed by Judge Joseph R. Goodwin on 1/30/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases Listed on Exhibit A) (kp) (ADI) [Transferred from West Virginia Southern on 1/16/2020.]
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| Filing 11 PLAINTIFF PROFILE FORM filed by Cornelius Dalberg, Rebecca Dalberg. (Gomez, Christopher) [Transferred from West Virginia Southern on 1/16/2020.] |
| Filing 10 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) [Transferred from West Virginia Southern on 1/16/2020.] |
| Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) [Transferred from West Virginia Southern on 1/16/2020.] |
| Filing 8 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) [Transferred from West Virginia Southern on 1/16/2020.] |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Thomas, David) [Transferred from West Virginia Southern on 1/16/2020.] |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Marc E. Williams on behalf of C. R. Bard, Inc.. (Williams, Marc) [Transferred from West Virginia Southern on 1/16/2020.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Richard B. North, Jr on behalf of C. R. Bard, Inc.. (North, Richard) [Transferred from West Virginia Southern on 1/16/2020.] |
| Filing 4 WAIVER OF SERVICE EXECUTED. Waiver signed by Richard B. North, Jr. on 5/10/2013. C. R. Bard, Inc. waiver mailed on 5/9/2013, answer due 7/8/2013. (North, Richard) [Transferred from West Virginia Southern on 1/16/2020.] |
| Filing 3 TRANSMITTED PRETRIAL ORDER # 45 (Preservation Order) entered on 04/25/2013 in MDL 2327 to attorneys in member case. (jap) [Transferred from West Virginia Southern on 1/16/2020.] |
| Filing 2 ELECTRONIC SUMMONS ISSUED as to C. R. Bard, Inc., Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (tmh) [Transferred from West Virginia Southern on 1/16/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2386209. (Attachment: #1 Civil Cover Sheet) (tmh) [Transferred from West Virginia Southern on 1/16/2020.] |
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