Davila v. Ethicon, Inc.
| Rafaela Davila |
| Ethicon Inc. and C. R. Bard Inc. |
| 6:2020cv00551 |
| June 18, 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 50 Certificate of Interested Parties by Ethicon Inc.. (Cowan, Christopher) |
Text Order GRANTING #49 Motion to Substitute Attorney entered by Judge Jeffrey C. Manske. The following counsel for Ethicon, Inc. are hereby withdrawn from this matter: Christy D. Jones, David B. Thomas, Susan M. Robinson, Kari L. Sutherland and William M. Gage. Christopher R. Cowan (TX SBN: 24084975) Butler Snow LLP, 1400 Lavaca Street, Suite 1000, Austin, TX 78701, is substituted in their stead. IT IS FURTHER ORDERED that the Court's ECF system continue to email notices to ecf.notices@butlersnow.com, PelvicFilings@butlersnow.com, as well as the following email address: chris.cowan@butlersnow.com. The Clerk of the Court is directed to update the Court's CM/ECF system accordingly. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kg)
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| Filing 49 Unopposed MOTION to Substitute Attorney by Ethicon Inc.. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Cowan, Christopher) |
| Filing 48 NOTICE of Attorney Appearance by Katherine Ann Fillmore on behalf of Ethicon Inc.. Attorney Katherine Ann Fillmore added to party Ethicon Inc.(pty:dft) (Fillmore, Katherine) |
| Filing 47 NOTICE of Attorney Appearance by Christopher R. Cowan on behalf of Ethicon Inc.. Attorney Christopher R. Cowan added to party Ethicon Inc.(pty:dft) (Cowan, Christopher) |
| Filing 46 Case electronically transferred in from Southeren District of West Virginia Southern; Case Number 2:16-cv-00935. |
| Case assigned to Judge Alan D Albright and 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. (am) |
| Filing 45 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #37 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 (2910) Defs Supp Resp and Notice of Adoption of Resp Regarding Timothy Ulatowski, #6 Exhibit MDL ECF (6860) Notice of Adoption of Pls Mot of Timothy Ulatowski, #7 Exhibit MDL ECF (6965) Notice of Adoption of Defs' Resp Regarding Timothy Ulatowski, #8 Exhibit MDL ECF (7143) Notice of Adoption of Pls' Reply of Timothy Ulatowski)(Gage, William) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 44 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #37 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 (6857) Notice of Adoption of Pls Mot to Exclude Shelby Thames, #18 Exhibit MDL ECF (6972) Notice of Adoption of Defs Resp to Pls Mot to Exclude Shelby Thames, #19 Exhibit MDL ECF (7113) Notice of Adoption of Reply in Support of Pls Mot to Exclude Shelby Thames)(Gage, William) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 43 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #37 CONTINUED, MDL ECF (2014) Pls Mot to Exclude Jaime Sepulveda-Toro, #2 Exhibit MDL ECF (2018) Pls Mem in Support of Mot to Exclude Jaime Sepulveda-Toro, #3 Exhibit MDL ECF (2138) Part 1 Defs Resp to Pls Mot to Exclude Jaime Sepulveda-Toro, #4 Exhibit MDL ECF (2138) Part 2 Defs Resp to Pls Mot to Exclude Jaime Sepulveda-Toro, #5 Exhibit MDL ECF (2225) Pls Reply in Support of Mot to Exclude Jaime Sepulveda-Toro, #6 Exhibit MDL ECF (4495) Defs Resp to Pls Mot to Exclude Jaime Sepulveda-Toro, #7 Exhibit MDL ECF (6849) Notice of Adoption of Pls Mot to Exclude Jaime Sepulveda-Toro, #8 Exhibit MDL ECF (6990) Notice of Adoption of Defs Resp to Pls Mot to Exclude Jaime Sepulveda-Toro, #9 Exhibit MDL ECF (7141) Notice of Adoption of Pls Reply to Mot to Exclude Jaime Sepulveda-Toro)(Gage, William) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 42 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #37 CONTINUED, MDL ECF (2063) Part 1 Pls Mot to Exclude Juan Carlos Felix, #2 Exhibit MDL ECF (2063) Part 2 Pls Mot to Exclude Juan Carlos Felix, #3 Exhibit MDL ECF (2069) Pls Mem in Support of Mot to Exclude Juan Carlos Felix, #4 Exhibit MDL ECF (2184) Part 1 Defs Resp to Pls Mot to Exclude Juan Carlos Felix, #5 Exhibit MDL ECF (2184) Part 2 Defs Resp to Pls Mot to Exclude Juan Carlos Felix, #6 Exhibit MDL ECF (2255) Pls Reply in Support of Mot to Exclude Juan Carlos Felix, #7 Exhibit MDL ECF (6796) Notice of Adoption of Pls Mot to Exclude Juan Carlos Felix, #8 Exhibit MDL ECF (6966) Notice of Adoption of Defs Resp to Defs Mot to Exclude Juan Carlos Felix, #9 Exhibit MDL ECF (7093) Notice of Adoption of Reply in Support of Pls Mot to Exclude Juan Carlos Felix)(Gage, William) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 41 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #37 CONTINUED, MDL ECF (2270) - Def's Mot to Exclude Dionysios Veronikis, #2 Exhibit MDL ECF (2271) - Def's Mem in Support of Mot to Exclude Dionysios Veronikis, #3 Exhibit MDL ECF (2284) - Pls Resp to Defs Mot to Exclude Dionysios Veronikis, #4 Exhibit MDL ECF (2313) - Defs Reply in Support of Mot to Exclude Dionysios Veronikis, #5 Exhibit MDL ECF (2820) - Def's Mot to Exclude Dionysios Veronikis, #6 Exhibit MDL ECF (2821) - Def's Mem in Support of Mot to Exclude Dionysios Veronikis, #7 Exhibit MDL ECF (2890) - Pls Resp to Defs Mot to Exclude Dionysios Veronikis, #8 Exhibit MDL ECF (3033) - Defs Reply in Support of Mot to Exclude Dionysios Veronikis, #9 Exhibit MDL ECF (6854) Notice of Adoption of Defs Mot to Exclude Dionysios Veronikis, #10 Exhibit MDL ECF (6964) Notice of Adoption of Pls Resp to Defs Mot to Exclude Dionysios Veronikis, #11 Exhibit MDL ECF (7156) Notice of Adoption of Defs Mot to Exclude Dionysios Veronikis)(Gage, William) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 40 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #37 CONTINUED, MDL ECF (2436) Part 1 - Def's Mot to Exclude Paul Michaels, #2 Exhibit MDL ECF (2436) Part 2 - Def's Mot to Exclude Paul Michaels, #3 Exhibit MDL ECF (2436) Part 3 - Def's Mot to Exclude Paul Michaels, #4 Exhibit MDL ECF (2436) Part 4 - Def's Mot to Exclude Paul Michaels, #5 Exhibit MDL ECF (2441) - Def's 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 - Def's Mot to Exclude Paul Michaels, #9 Exhibit MDL ECF (3663) Part 2 - Def's Mot to Exclude Paul Michaels, #10 Exhibit MDL ECF (3663) Part 3 - Def's Mot to Exclude Paul Michaels, #11 Exhibit MDL ECF (3666) - Def's 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 (6830) Notice of Adoption of Defs Mot to Exclude Paul Michaels, #15 Exhibit MDL ECF (6956) Notice of Adoption of Pls Resp to Defs Mot to Exclude Paul Michaels, #16 Exhibit MDL ECF (7129) Notice of Adoption of Defs Mot to Exclude Paul Michaels)(Gage, William) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 39 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #37 CONTINUED, MDL ECF (2200) - Defs Reply in Support of Mot to Exclude Uwe Klinge, #2 Exhibit MDL ECF (3626) Part 1 - Def's Mot to Exclude Uwe Klinge, #3 Exhibit MDL ECF (3626) Part 2 - Def's Mot to Exclude Uwe Klinge, #4 Exhibit MDL ECF (3630) - Def's Mem in Support of Mot to Exclude Uwe Klinge, #5 Exhibit MDL ECF (3767) Part 1 - Pls Resp to Defs Mot to Exclude Uwe Klinge, #6 Exhibit MDL ECF (3767) Part 2 - Pls Resp to Defs Mot to Exclude Uwe Klinge, #7 Exhibit MDL ECF (3767) Part 3 - Pls Resp to Defs Mot to Exclude Uwe Klinge, #8 Exhibit MDL ECF (3767) Part 4 - Pls Resp to Defs Mot to Exclude Uwe Klinge, #9 Exhibit MDL ECF (3767) Part 5 - Pls Resp to Defs Mot to Exclude Uwe Klinge, #10 Exhibit MDL ECF (3767) Part 6 - Pls Resp to Defs Mot to Exclude Uwe Klinge, #11 Exhibit MDL ECF (3855) - Defs Reply in Support of Mot to Exclude Uwe Klinge, #12 Exhibit MDL ECF (6648) Notice of Adoption of Defs Mot to Exclude Uwe Klinge, #13 Exhibit MDL ECF (6833) Amended Notice of Adoption of Defs Mot Exclude Uwe Klinge, #14 Exhibit MDL ECF (6926) Notice of Adoption of Pls Resp Defs Mot to Exclude Uwe Klinge, #15 Exhibit MDL ECF (7123) Notice of Adoption of Defs Reply of Uwe Klinge)(Gage, William) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 38 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF (1978) Part 1 - Def's Mot to Exclude Uwe Klinge, #2 Exhibit MDL ECF (1978) Part 2 - Def's Mot to Exclude Uwe Klinge, #3 Exhibit MDL ECF (1978) Part 3 - Def's Mot to Exclude Uwe Klinge, #4 Exhibit MDL ECF (1978) Part 4 - Def's Mot to Exclude Uwe Klinge, #5 Exhibit MDL ECF (1978) Part 5 - Def's Mot to Exclude Uwe Klinge, #6 Exhibit MDL ECF (1978) Part 6 - Def's Mot to Exclude Uwe Klinge, #7 Exhibit MDL ECF (1978) Part 7 - Def's Mot to Exclude Uwe Klinge, #8 Exhibit MDL ECF (1978) Part 8 - Def's Mot to Exclude Uwe Klinge, #9 Exhibit MDL ECF (1978) Part 9 - Def's Mot to Exclude Uwe Klinge, #10 Exhibit MDL ECF (1978) Part 10 - Def's Mot to Exclude Uwe Klinge, #11 Exhibit MDL ECF (1978) Part 11 - Def's Mot to Exclude Uwe Klinge, #12 Exhibit MDL ECF (1978) Part 12 - Def's Mot to Exclude Uwe Klinge, #13 Exhibit MDL ECF (1978) Part 13 - Def's Mot to Exclude Uwe Klinge, #14 Exhibit MDL ECF (1978) Part 14 - Def's Mot to Exclude Uwe Klinge, #15 Exhibit MDL ECF (1978) Part 15 - Def's Mot to Exclude Uwe Klinge, #16 Exhibit MDL ECF (1978) Part 16 - Def's Mot to Exclude Uwe Klinge, #17 Exhibit MDL ECF (1978) Part 17 - Def's Mot to Exclude Uwe Klinge, #18 Exhibit MDL ECF (1978) Part 18 - Def's Mot to Exclude Uwe Klinge, #19 Exhibit MDL ECF (1978) Part 19 - Def's Mot to Exclude Uwe Klinge, #20 Exhibit MDL ECF (1978) Part 20 - Def's Mot to Exclude Uwe Klinge, #21 Exhibit MDL ECF (1978) Part 21 - Def's Mot to Exclude Uwe Klinge, #22 Exhibit MDL ECF (1982) - Def's Mem in Support of Mot to Exclude Uwe Klinge, #23 Exhibit MDL ECF (2188) Part 1 - Pls Resp to Defs Mot to Exclude Uwe Klinge, #24 Exhibit MDL ECF (2188) Part 2 - Pls Resp to Defs Mot to Exclude Uwe Klinge, #25 Exhibit MDL ECF (2188) Part 3 - Pls Resp to Defs Mot to Exclude Uwe Klinge, #26 Exhibit MDL ECF (2188) Part 4 - Pls Resp to Defs Mot to Exclude Uwe Klinge)(Gage, William) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 37 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 (262) - Short Form Complaint, #4 Exhibit MDL ECF (263) Amended Short Form Complaint)(Gage, William) [Transferred from West Virginia Southern on 6/18/2020.] |
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Filing 36
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 06/18/2020 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 6/17/2020 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 6/4/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (maw) [Transferred from West Virginia Southern on 6/18/2020.]
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Filing 35
MEMORNADUM OPINION AND ORDER The #32 MOTION by C. R. Bard Inc. to Dismiss is GRANTED to the extent it seeks dismissal and DENIED insofar as Bard seeks dismissal of the claim against it with prejudice; another defendant remains, so the case should remain open. Signed by Judge Joseph R. Goodwin on 12/13/2019. (cc: counsel of record; any unrepresented party) (st) [Transferred from West Virginia Southern on 6/18/2020.]
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| Filing 34 REPLY by C. R. Bard Inc. to #32 MOTION by C. R. Bard Inc. to Dismiss. (Cohen, Lori) (Modified on 9/19/2019 to remove link to #33 memorandum in support and to convert event to reply to response) (kew). [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 33 MEMORANDUM OF LAW by C. R. Bard Inc. in support of #32 MOTION by C. R. Bard Inc. to Dismiss. (Cohen, Lori) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 32 MOTION by C. R. Bard Inc. to Dismiss. (Attachment: #1 Exhibit A)(Cohen, Lori) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 31 RESPONSE TO ORDER TO SHOW CAUSE by C. R. Bard Inc. (North, Richard) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 30 RESPONSE TO ORDER TO SHOW CAUSE by Rafaela Davila (Sadler, Paul) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 29 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc. (Attachments: #1 Exhibit Exh 1 - List of Cases, #2 Exhibit Exh 2 - Letter)(Gage, William) [Transferred from West Virginia Southern on 6/18/2020.] |
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Filing 28
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 6/18/2020.]
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Filing 27
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) (mwk) (ADI) [Transferred from West Virginia Southern on 6/18/2020.]
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Filing 26
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) [Transferred from West Virginia Southern on 6/18/2020.]
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| Filing 25 RESPONSE by Rafaela Davila in support of #23 MOTION by Ethicon, Inc. for Partial Summary Judgment. (Sadler, Paul) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 24 MEMORANDUM OF LAW by Ethicon, Inc. in support of #23 MOTION by Ethicon, Inc. for Partial Summary Judgment (McConnico, Stephen) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 23 MOTION by Ethicon, Inc. for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B)(McConnico, Stephen) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 22 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING DEPOSITIONS OF PLAINTIFF'S FRIENDS AND FAMILY by Ethicon, Inc., Rafaela Davila (Wingard, Steven)(Modified on 10/4/2018 to add party filer)(rmc). [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 21 CERTIFICATE OF SERVICE by Ethicon, Inc. 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 6/18/2020.] |
| Filing 20 CERTIFICATE OF SERVICE by Rafaela Davila for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Sadler, Paul) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 18 CERTIFICATE OF SERVICE by Rafaela Davila for Responses and/or Objections to Ethicon, Inc.'s First Set of Interrogatories, Requests for Admission and Requests for Production. (Sadler, Paul) [Transferred from West Virginia Southern on 6/18/2020.] |
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Filing 17
ORDER The #16 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss for Failure to Comply With PTO 280 or Alternatively for Plaintiffs to Show Cause for Failure to Comply With PTO 280 or for Alternative Relief, Request for Expedited Briefing is DENIED as moot. Signed by Judge Joseph R. Goodwin on 6/14/2018. (cc: counsel of record; any unrepresented party) (REF: Cases Listed on Appendix A & B) (kab) [Transferred from West Virginia Southern on 6/18/2020.]
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Filing 19
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) (lca) (ADI) [Transferred from West Virginia Southern on 6/18/2020.]
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| Filing 16 MOTION by Ethicon, Inc. to Dismiss for Failure to Comply With PTO 280 or Alternatively for Plaintiffs to Show Cause for Failure to Comply With PTO 280 or for Alternative Relief, Request for Expedited Briefing and Supporting Memorandum (Gage, William)[Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 15 FIRST AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc. of Rafaela Davila on June 22, 2018 at 12:00 p.m. (Amstutz, Paige) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 14 CERTIFICATE OF SERVICE by Rafaela Davila for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Sadler, Paul) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 13 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production. (Wingard, Steven) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 12 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc. of Rafaela Davila on June 7, 2018 at 12:00 p.m. (Amstutz, Paige) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 11 NOTICE OF WITHDRAWAL by Ethicon, Inc. of #6 Notice of Videotaped Deposition (Sutherland, Kari) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 10 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Paige Arnette Amstutz on behalf of Ethicon, Inc.. (Amstutz, Paige) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Steven James Wingard on behalf of Ethicon, Inc.. (Wingard, Steven) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 8 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Stephen E. McConnico on behalf of Ethicon, Inc.. (McConnico, Stephen) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 6 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc. of Dr. Byron B. Holt on 3/23/2018 at 9:00 a.m. (Gage, William) [Transferred from West Virginia Southern on 6/18/2020.] |
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Filing 7
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) (btm) [Transferred from West Virginia Southern on 6/18/2020.]
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| Filing 5 PLAINTIFF PROFILE FORM filed by Rafaela Davila. (Sadler, Paul) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc.. (Jones, Christy) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc.. (Thomas, David) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 212 (Re: Order Dismissing Ethicon, LLC in Cases Listed on Exhibit A) entered on 01/20/2016 in MDL 2327 to attorneys in member case. (Attachment: #1 Exhibit A) (kp) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-4361343. (Attachment: #1 Civil Cover Sheet) (mlh) [Transferred from West Virginia Southern on 6/18/2020.] |
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