Carver v. Ethicon, Inc. et al
| Laura M. Carver |
| Boston Scientific Corporation, Ethicon, LLC, Ethicon Inc and Johnson & Johnson |
| 2:2019cv00855 |
| October 31, 2019 |
| US District Court for the District of Utah |
| Howard C Nielson |
| Cecilia M Romero |
| Paul M Warner |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 2, 2019. A more recent docket listing may be available from PACER.
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Filing 72
ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen(14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Magistrate Judge Paul M. Warner on 12/2/2019. (las)
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Filing 71
ORDER REFERRING CASE to Magistrate Judge Paul M. Warner under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Howard C. Nielson, Jr. on 11/26/2019. (las)
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| Filing 70 All Consent/Reassignment Forms have now been received. After review of all forms, Case Reassigned to District Judge per request of one or more party(s). Case randomly assigned to Judge Howard C. Nielson, Jr. Magistrate Judge Cecilia M. Romero no longer assigned to the case. (nl) |
| Filing 69 RECEIVED Consent/Reassignment Form from Defendants Ethicon Inc, Ethicon, LLC, Johnson & Johnson. (nl) |
| Filing 68 RECEIVED Consent/Reassignment Form from Plaintiff Laura M. Carver. (nl) |
| Filing 67 NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Defendants Boston Scientific Corporation, Ethicon Inc, Ethicon, LLC, Johnson & Johnson, Plaintiff Laura M. Carver. Form due by 11/21/2019. (nl) |
| Filing 66 NOTICE of Appearance by John A. Anderson on behalf of Ethicon Inc, Ethicon, LLC, Johnson & Johnson (Anderson, John) |
| Filing 65 NOTICE of Appearance by Lauren E.H. DiFrancesco on behalf of Ethicon Inc, Ethicon, LLC, Johnson & Johnson (DiFrancesco, Lauren) |
| Filing 64 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Tracy J. Van Steenburgh, for Defendants Ethicon Inc, Ethicon, LLC, Johnson & Johnson (rks) |
| Filing 63 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Philip J. Combs, for Defendants Ethicon Inc, Johnson & Johnson (rks) |
| Filing 62 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney David B. Thomas, Susan M. Robinson, for Defendants Ethicon Inc, Ethicon, LLC, Johnson & Johnson (rks) |
| Filing 61 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney William M. Gage, for Defendants Ethicon Inc, Ethicon, LLC, Johnson & Johnson (rks) |
| Filing 60 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Christy Jones, for Defendants Ethicon Inc, Johnson & Johnson (rks) |
| Filing 59 Case transferred in from USDC of West Virginia Southern; Case Number 2:12-cv-08616. Original file, certified copy of transfer order and docket sheet received. Case assigned to Magistrate Judge Cecilia M. Romero. |
| Filing 58 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 ECF 2188 Response 1978 re Klinge, #2 ECF 2191 Response in Opposition 2181 re Elliott, #3 ECF 2200 Reply 2188 re Klinge, #4 ECF 2215 Reply 2082 re Elliott, #5 ECF 2224 Reply 2052 re Shull, #6 ECF 2232 Reply 2134 re Ulatowski, #7 ECF 2236 Reply 2153 re Pramudji, #8 ECF 2251 Reply 2185 re Iakovlev, #9 ECF 2642 Order re Klinge, #10 ECF 2403 Notice of Adoption re Iakovlev, #11 ECF 2649 Order re Ulatowski, #12 ECF 2650 Order re Pramudji, #13 ECF 2661 Order re Wright, #14 ECF 2666 Order re Elliott, #15 ECF 2701 Order re Flynn, #16 ECF 2710 Order re Iakovlev, #17 ECF 2711 Order re Shull, #18 ECF 2724 Order re MacLean)(Cannon, Douglas) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 57 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 ECF 2052 Motion to Exclude Shull, #2 ECF 2052-1 List of Shull Cases, #3 ECF 2055 Memo in Support re Exclude Shull, #4 ECF 2060 Motion to Exclude Ulatowski, #5 ECF 2066 Motion to Exclude Iakovlev, #6 Motion in Support re 2060, #7 ECF 2082 Motion to Exclude Elliott, #8 ECF 2085 Motiom in Support re 2082 Elliott, #9 ECF 2134 Response to 2060 re Ulatowski, #10 ECF 2150 Response to 2052 re Shull, #11 ECF 2153 Response to 2035 re Pramudji, #12 ECF 2181 Response to 2082 re Elliott, #13 ECF 2185 Response 2066 re Iakovlev)(Cannon, Douglas) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 56 SUPPLEMENTAL JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 ECF1981 Memo in Support re Klinge, #2 ECF 1982 Memo in Support 1981 re Klinge, #3 ECF 1978-19 Exhibit D)(Cannon, Douglas) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 55 SUPPLEMENTAL JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 ECF 1978 Motion to Limit re Klinge, #2 ECF 1978-1 Exhibit A)(Cannon, Douglas) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 54 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 4355 MOTION to Exclude CERTAIN GENERAL OPINIONS OF BOBBY SHULL, #2 Exhibit ECF 4361 MEMORANDUM in Support of Motion to Exclude Opinons of Bobby Shull, #3 Exhibit ECF 4554 RESPONSE to Motion and MEMORANDUM to Exclude Opinions of Bobby Shull, #4 Exhibit ECF 4625 REPLY Brief Supporting Motion to Exclude Opinions of Bobby Shull, #5 Exhibit ECF 5339 Segment 001 of (5339) Motion to Exclude Opinions of Daniel Elliot, M.D, #6 Exhibit ECF 5339 Segment 002 of (5339) Motion to Exclude Opinions of Daniel Elliot, M.D, #7 Exhibit ECF 5340 MEMORANDUM in Support of Motion to Exclude Opinions of Daniel Elliot, #8 Exhibit ECF 5491 MEMORANDUM in Opposition to Motion to Exclude Opinions of Daniel Elliot, #9 Exhibit ECF 6648 NOTICE of Adoption of Ethicon's Motion to Exclude the Testimony of Prof. Med. Uwe Klinge, #10 Exhibit ECF 6799 Amended Notice of Adoption of Prior Daubert Motion of Brian J. Flynn, #11 Exhibit ECF 6824 Notice of Adoption of Prior Daubert Motion of Steven Maclean, #12 Exhibit ECF 6827 NOTICE of Adoption of Prior Daubert Motion to Exclude Opinions of Bobby Shull, #13 Exhibit ECF 6829 NOTICE of Adoption of Prior Daubert Motion of Christina Pramudji, #14 Exhibit ECF 6961 NOTICE of Adoption of Prior Daubert Response of Bobby Shull, #15 Exhibit ECF 6965 Notice of Adoption of Prior Daubert Response Regarding Timothy Ulatowski, #16 Exhibit ECF 6973 Notice of Adoption of Prior Daubert Response of Thomas C. Wright, #17 Exhibit ECF 6987 Notice of Adoption of Prior Daubert Response Regarding Brian J. Flynn, #18 Exhibit ECF 6998 Notice of Adoption of Prior Daubert Response of Steven Maclean, #19 Exhibit ECF 7037 NOTICE of Adoption of Prior Daubert Responses Regarding Christina Pramudji for Wave 8, #20 Exhibit ECF 7038 NOTICE of Adoption of Prior Daubert Response of Dr. Vladimir Iakovlev in Wave 8, #21 Exhibit ECF 7045 Plaintiffs' Opposition to Defendants; Motion to Exclude Dr. Vladimir Iakovlev, #22 Exhibit ECF 7085 Amended Adoption of Opposition to Motion to Exclude Testimony of Dr. Vladimir Iakovlev, #23 Exhibit ECF 7094 NOTICE of Adoption of Prior Daubert Reply of Brian J. Flynn, #24 Exhibit ECF 7100 NOTICE of Adoption of Prior Daubert Reply of Steven MacLean, #25 Exhibit ECF 7119 NOTICE of Adoption of Prior Daubert Reply of Thomas C. Wright, M.D. for Wave 8 by All Plainti, #26 Exhibit ECF 7123 NOTICE of Adoption of Prior Daubert Reply Regarding Prof. Dr. Med. Uwe Klinge, #27 Exhibit ECF 7138 NOTICE of Adoption of Prior Daubert Reply of Christina Pramudji, M.D. for Wave 8 by All Plain, #28 Exhibit ECF 7143 NOTICE of Adoption of Prior Daubert Reply of Timothy Ulatowski,, #29 Exhibit ECF 7183 REPLY in Further Support of Motion to Exclude Vladimir Iakovlev,, #30 Exhibit ECF 6833 Amended Notice of Adoption to Exclude Testimony of Uwe Klinge, #31 Exhibit ECF 6842 NOTICE of Adoption of Prior Daubert Motion to Exclude Opinions of Daniel Elliot, #32 Exhibit ECF 6860 NOTICE of Adoption of Prior Daubert Motion of Timothy Ulatowski, #33 Exhibit ECF 6864 NOTICE of Adoption of Prior Daubert Motion of Thomas C. Wright, Jr., M.D. for Wave 8 by All, #34 Exhibit ECF 6874 MOTION to Exclude Testimony of Dr. Vladimir Iakovlev, #35 Exhibit ECF 6875 MEMORANDUM in Support of Motion to Exclude Dr. Vladimir Iakovlev, #36 Exhibit ECF 6922 NOTICE of Adoption of Prior Daubert Response of Daniel Elliot, #37 Exhibit ECF 6926 NOTICE of Adoption of Prior Daubert Response of Prof. Dr. Med. Uwe Klinge)(Gage, William) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 53 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 2825 Motion to Exclude or limit the Opinions and Testimony of Steven Maclean, #2 Exhibit ECF 2826 Memorandum in support to Exclude or Limit the opinions and testimony of Steven Maclean, #3 Exhibit ECG 2854 Motion to Exclude the General Causation Opinions of Brian J. Flynn, #4 Exhibit ECF 2855 Memorandum in support of Motion to Exclude the Opinions of Brian J. Flynn, #5 Exhibit ECF 2910 Notice of Response and Adoption of prior response regarding Timothy Ulatowski, #6 Exhibit ECF 2913 Response by Defendants in Opposition to Plaintiffs Motion to Opinions of Brian J. Flynn, #7 Exhibit ECF 2942 Response in Opposition to Motion to Exclude the Testimony of Steven Maclean, #8 Exhibit ECF 2952 MEMORANDUM in Opposition to Motion to Exclude Opinions of Daniel Elliot, #9 Exhibit ECF 3048 REPLY MEMORANDUM by ALL Plaintiffs in Support of Plaintiffs_ Motion to Exclude the Opinions of Brian J. Flynn, #10 Exhibit ECF 3053 REPLY by ALL Plaintiffs in Support of Daubert Motion to Exclude or Limit the Opinions, #11 Exhibit ECF 3619 Segment 001 of (3619) MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #12 Exhibit ECF Segment 002 of (3619) MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #13 Exhibit ECF 3621 MEMORANDUM of Law in Support of Motion to Exclude Dr. Vladirmir Iakovlev, #14 Exhibit ECF 3626 Segment 001 of (3626) MOTION To Limit the Testimony of Prof. Dr. Med. Uwe Klinge, #15 Exhibit ECF 3626 Segment 002 of (3626) MOTION To Limit the Testimony of Prof. Dr. Med. Uwe Klinge, #16 Exhibit ECF 3630 MEMORANDUM In Support of Motion to Limit Testimony of Prof. Dr. Med. Uwe Klinge, #17 Exhibit ECF 3767 Segment 001 of (3767) Response by Defendants' in Opposition to Motion to Exclude Uwe Klinge, #18 Exhibit ECF 3767 Segment 002 of (3767) Response by Defendants' in Opposition to Motion to Exclude Uwe Klinge, #19 Exhibit ECF 3767 Segment 003 of (3767) Response by Defendants' in Opposition to Motion to Exclude Uwe Klinge, #20 Exhibit ECF 3767 Segment 004 of (3767) Response by Defendants' in Opposition to Motion to Exclude Uwe Klinge, #21 Exhibit ECF 3790 Segment 001 of (3790) RESPONSE in opposition to MOTION to Exclude the Testimony of Dr. Vladimir Iakovlev, #22 Exhibit ECF 3790 Segment 002 of (3790) RESPONSE in opposition to MOTION to Exclude the Testimony of Dr. Vladimir Iakovlev, #23 Exhibit ECF 3790 Segment 003 of (3790) RESPONSE in opposition to MOTION to Exclude the Testimony of Dr. Vladimir Iakovlev, #24 Exhibit ECF 3844 REPLY TO NOTICE of Adoption of Prior Daubert Response of Thomas C. Wright, Jr., M.D. for Wave 4 by All Plaintiffs to (3711), #25 Exhibit ECF 3855 REPLY IN SUPPORT of Motion to Limit the Testimony of Prof. Dr. Med. Uwe Klinge)(Gage, William) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 52 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 238 First Amended Master Long Form Complaint, #2 Exhibit ECF 239 - MASTER ANSWER AND JURY DEMAND, #3 Exhibit ECF 241 - FIRST AMENDED MASTER COMPLAINT, #4 Exhibit ECF 262 Short Form Complaint, #5 Exhibit ECF 263 AMENDED SHORT FORM COMPLAINT, #6 Exhibit ECF 1986 AMENDED MOTION by All Plaintiffs to Exclude Opinions and Testimony of Thomas C. Wright, Jr, #7 Exhibit ECF 1988 MEMORANDUM in Support of Motion to Exclude Testimony of Thomas Wright, #8 Exhibit ECF 2035 MOTION by All Plaintiffs to Exclude Certain Opinions and Testimony of Christina Pramudji, M.D, #9 Exhibit ECF 2037 MEMORANDUM in Support of Motion to Exclude Testimony of Christina Pramudji., #10 Exhibit ECF 2060 MOTION by All Plaintiffs to Exclude the Opinions of FDA Expert Timothy Ulatowski, #11 Exhibit ECF 2065MEMORANDUM in support of MOTION to Exclude Testimony of Timothy Ulatowski, #12 Exhibit ECF 2134 Response in Opposition to Motion to Exclude Timothy Ulatowski., #13 Exhibit ECF 2143 RESPONSE TO PLAINTIFFS_ AMENDED MOTION TO EXCLUDE THE OPINIONS, #14 Exhibit ECF 2153 RESPONSE by Defendants_ in opposition to [2035, #15 Exhibit ECF 2205 Segment 001 of MOTION by All Plaintiffs to Exclude Opinions and Testimony of Steven MacLean, #16 Exhibit ECF 2205 Segment 002 of MOTION by All Plaintiffs to Exclude Opinions and Testimony of Steven MacLean, #17 Exhibit ECF 2205 Segment 003 of MOTION by All Plaintiffs to Exclude Opinions and Testimony of Steven MacLean, #18 Exhibit ECF 2206 MEMORANDUM by All Plaintiffs in support of 2205 , #19 Exhibit ECF 2232 Plaintiffs_ Reply Brief in Support of Their Daubert, #20 Exhibit ECF 2236 REPLY in Support of Motion to Exclude Testimony of Christina Pramudji, #21 Exhibit ECF 2280 REPLY Memorandum in Support of Plaintiffs Motion to Exclude the Opinions of Brian J. Flynn, #22 Exhibit ECF Segment 001 of (2287) Defendants Response in Opposition to Motion to Exclude Testimony of Steven Maclean, #23 Exhibit ECF Segment 002 of (2287) Defendants Response in Opposition to Motion to Exclude Testimony of Steven Maclean, #24 Exhibit ECF 2297 Plaintiffs' Reply to Defendants' Response in Opposition of Motion to Exclude Steven Maclean., #25 Exhibit ECF 2530 Memorandum in Opposition to Motion to Exclude Testimony of Christina Pramudji)(Gage, William) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 51
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 10/30/2019 the cases identified on Exhibit A that are still pending shall be transferred to the United States District Courts identified on Exhibit A pursuant to 28 U.S.C. 1404(a); on or before 10/29/2019 the parties are DIRECTED to confer and to file in each pending individual member case identified in Exhibit A, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the Clerk is DIRECTED to use the appropriate function in CM/ECF to extract each member case listed on Exhibit A that remains pending and transfer it to the corresponding United States District Court listed on Exhibit A; after transfer of each member case listed in Exhibit A that is not dismissed prior to the Transfer Date, the Clerk is DIRECTED to formally close the case and strike it from the docket of this court. Signed by Judge Joseph R. Goodwin on 10/16/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 10/31/2019.]
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Filing 50
ORDER (Dismissing Certain Defendant with Prejudice) granting #44 MOTION by Boston Scientific Corporation to Dismiss With Prejudice due to civil action being compromised and settled; the BSC is DISMISSED WITH PREJUDICE from the action; and, there are other remaining defendants in this civil action, so the action should remain open. Signed by Judge Joseph R. Goodwin on 10/4/2019. (cc: counsel of record; any unrepresented party) (st) [Transferred from West Virginia Southern on 10/31/2019.]
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Filing 49
ORDER granting #43 MOTION by Boston Scientific Corporation to Withdraw #42 MOTION by Boston Scientific Corporation to Dismiss With Prejudice due to civil action being compromised and settled; and denying as moot #42 MOTION by Boston Scientific Corporation to Dismiss With Prejudice due to civil action being compromised and settled. Signed by Judge Joseph R. Goodwin on 10/14/2019. (cc: attys; any unrepresented party) (st) [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 48 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Attachments: #1 Exhibit 1 - List of Cases, #2 Exhibit 2 - Letter)(Gage, William) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 47 RESPONSE TO ORDER TO SHOW CAUSE by Laura M. Carver. (Cannon, Douglas) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 46 RESPONSE by Boston Scientific Corporation to #45 Order to Show Cause. (Strongman, Jon) (Modified on 4/22/2019 to add link to #45 Order) (mkw). [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 45
SHOW CAUSE ORDER directing that plaintiffs' leadership and counsel for ALL defendants named in cases on Exhibit 1 are directed to show cause in writing why they should not be sanctioned for failing to comply with the Order entered in MDL 2327 at ECF #7710 by Wednesday 4/24/2019; any filing must be made in the individual cases on Exhibit 1; the court will schedule a hearing at a later date. Signed by Judge Joseph R. Goodwin on 4/10/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit 1) (mwk) (ADI) [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 44 MOTION by Boston Scientific Corporation to Dismiss With Prejudice due to civil action being compromised and settled. (Strongman, Jon) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 43 MOTION by Boston Scientific Corporation to Withdraw #42 MOTION by Boston Scientific Corporation to Dismiss With Prejudice due to civil action being compromised and settled. (Strongman, Jon) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 42 MOTION by Boston Scientific Corporation to Dismiss With Prejudice due to civil action being compromised and settled. (Strongman, Jon) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 41
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 10/31/2019.]
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| Filing 40 RESPONSE by Laura M. Carver re: #37 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment, #38 Memorandum In Support (Cannon, Douglas) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 39
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 10/31/2019.]
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| Filing 38 MEMORANDUM OF LAW by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in support of #37 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Van Steenburgh, Tracy) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 37 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A)(Van Steenburgh, Tracy) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 36 STIPULATION AND AGREEMENT OF THE PARTIES to a Mutually Agreeable Date to take Depositions of Family and Friends by Ethicon, Inc., Johnson & Johnson, Laura M. Carver. (Van Steenburgh, Tracy) (Modified on 10/4/2018 to add party filer) (lca). [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 35 RESPONSE by Laura M. Carver in opposition to #34 Notice of Independent Medical Examination by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Cannon, Douglas) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 34 NOTICE of Independent Medical Examination by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Van Steenburgh, Tracy) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 33 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 10/31/2019.] |
| Filing 31 CERTIFICATE OF SERVICE by Laura M. Carver for Responses to Ethicon, Inc.'s First Set of Interrogatories, Requests for Admission, and Requests for Production. (Cannon, Douglas) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 32
PRETRIAL ORDER # 303 (Amended Docket Control Order Ethicon, Inc. Wave 8 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 280. The parties are advised that while this order will be entered in the individual cases in the coming days, it is effective as of the day it was entered in the main MDL. The following deadlines immediately apply in all Wave 8 cases: The following deadlines immediately apply in all Wave 8 cases: Plaintiff Fact Sheets due by 03/19/2018; Defendant Fact Sheets due by 04/19/2018; Deadline for written discovery requests due by 05/18/2018; Expert disclosures served by plaintiffs pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 07/13/2018; Expert disclosure served by defendants pursuant to Fed R. Civ P. 26 as limited by 3.a. of this order due by 08/13/2018; Expert disclosure served for rebuttal pursuant to Fed R. Civ. P. 26 as limited by 3.a. of this order due by 08/20/2018; Deposition deadline and close of discovery due by 10/04/2018; Filing of Dispositive Motions due by 10/18/2018; Response to Dispositive Motions due by 10/25/2018; Reply to response to dispositive motions due by 11/01/2018; Filing of Daubert motions due by 10/18/2018; Responses to Daubert motions due by 10/25/2018; Reply to response to Daubert motions due by 11/01/2018. Signed by Judge Joseph R. Goodwin on 6/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases) (kab) [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 30 NOTICE OF VOLUNTARY DISMISSAL OF ETHICON, LLC, PURSUANT TO FED. R. CIV. P. 41(A)(1)(A)(I) With Prejudice by Laura M. Carver (Cannon, Douglas) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 29 CERTIFICATE OF SERVICE by Johnson & Johnson for Objections and Responses to Plaintiff's Interrogatories, Requests for Production, and Requests for Admissions. (Van Steenburgh, Tracy) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 28 CERTIFICATE OF SERVICE by Ethicon, Inc. for Objections and Responses to Plaintiff's Interrogatories, Requests for Production, and Requests for Admissions. (Van Steenburgh, Tracy) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 27 CERTIFICATE OF SERVICE by Laura M. Carver for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Cannon, Douglas) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 26 CERTIFICATE OF SERVICE by Ethicon, Inc., Ethicon, LLC for First Set of Interrogatories, Requests for Admission, and Requests for Production. (Van Steenburgh, Tracy) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 25 CERTIFICATE OF SERVICE by Laura M. Carver for First Set of Interrogatories. (Cannon, Douglas) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 24 CERTIFICATE OF SERVICE by Laura M. Carver for First Set of Requests for Admissions. (Cannon, Douglas) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 23 CERTIFICATE OF SERVICE by Laura M. Carver for First Set of Requests for Production of Documents. (Cannon, Douglas) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 22 AMENDED NOTICE OF VIDEO DEPOSITION by Laura M. Carver of Craig D. Astle, M.D. on May 7, 2018 at 2:00 p.m. (Cannon, Douglas) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 21 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Laura M. Carver on May 4, 2018 at 9:00 a.m. (Van Steenburgh, Tracy) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 20 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Tracy J. Van Steenburgh on behalf of Ethicon, Inc., Johnson & Johnson. (Van Steenburgh, Tracy) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 19 NOTICE OF VIDEO DEPOSITION by Laura M. Carver of Craig D. Astle, M.D. on May 1, 2018 at 9:00 a.m. (Cannon, Douglas) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 18 NOTICE OF WITHDRAWAL by Ethicon, Inc., Johnson & Johnson of #17 Notice of Videotaped Deposition (Sutherland, Kari) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 17 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Craig Astle on 4/2/2018 at 9:00 a.m. (Combs, Philip) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 16
PRETRIAL ORDER # 280 (Docket Control Order - Ethicon, Inc. Wave 8 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING ETHICON, INC. CASES. The court ORDERS that this Docket Control Order be filed in the main MDL and, as of the time of that filing in every case listed on Exhibit A (hereinafter "Wave 8 cases") becomes subject to the deadlines in this Docket Control Order. For any cases in the Ethicon, Inc. MDL with a Covidien Wave 1 flag, the stay on the flagged Covidien Wave 1 cases is lifted and the Covidien Wave 1 cases in the Ethicon MDL are incorporated in the Ethicon, Inc., Wave 8 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 8 cases: A. Scheduling Deadlines. Plaintiff Fact Sheets due by 3/19/2018, Defendant Fact Sheets due by 4/19/2018, Deadline for written discovery requests due by 5/18/2018, Expert disclosure by plaintiffs due by 6/04/2018, Expert disclosure by defendants due by 7/05/2018, Expert disclosure for rebuttal purposes due by 7/23/2018, Deposition deadline and close of discovery due by 9/04/2018, Deadline to file list of general causation experts in each individual Wave 8 case due by 9/11/2018, Filing of Dispositive Motions due by 9/21/2018, Response to Dispositive Motions due by 10/05/2018, Reply to response to dispositive motions due by 10/12/2018, Filing of Daubert motions due by 10/05/2018, Responses to Daubert motions due by 10/19/2018, and Reply to response to Daubert motions due by 10/26/2018. B.4. Confidential Documents. In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 8/10/2018, and any response is due by 8/24/2018. Any reply is due by 8/31/2018. C.1. Venue Recommendations. By no later than 8/27/2018 the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties are ORDERED to submit joint venue recommendations to the court by 9/03/2018. Additional directives are set forth herein. Signed by Judge Joseph R. Goodwin on 1/30/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases Listed on Exhibit A) (kp) (ADI) [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 15 PLAINTIFF PROFILE FORM filed by Laura M. Carver. (Cannon, Douglas) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 14 CERTIFICATION OF PRODUCTION pursuant to PTO 240 by Laura M. Carver (Cannon, Douglas) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 13 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jon A. Strongman on behalf of Boston Scientific Corporation. (Strongman, Jon) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 12
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) [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 10 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Laura H. Dixon on behalf of Ethicon, Inc., Johnson & Johnson. (Dixon, Laura) [Transferred from West Virginia Southern on 10/31/2019.] |
| 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 10/31/2019.] |
| Filing 8 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) [Transferred from West Virginia Southern on 10/31/2019.] |
| 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 10/31/2019.] |
| Filing 6 SUMMONS RETURNED EXECUTED by Personal Service for Boston Scientific Corporation. Boston Scientific Corporation served on 1/7/2013, answer due 1/28/2013. Summons served on Corporation Service Company. (Cannon, Douglas) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 5 SUMMONS RETURNED EXECUTED by Personal Service for Ethicon, LLC. Ethicon, LLC served on 1/3/2013, answer due 1/24/2013. Summons served on Scott Lascala/Process Agent. (Cannon, Douglas) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Bonasso on behalf of Boston Scientific Corporation. (Bonasso, Michael) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 3 TRANSMITTED PRETRIAL ORDER 24 (Order Severing Actions Pursuant to PTO #23) entered on 11/28/2012 in MDL 2327 to attorneys in member case. (jap) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 2 ELECTRONIC SUMMONS ISSUED as to Boston Scientific Corporation, Ethicon, Inc., Ethicon, LLC, and Johnson & Johnson, re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: #1 Summons, #2 Summons, #3 Summons) (jws) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2116857. (Attachment: #1 Civil Cover Sheet) (jws) [Transferred from West Virginia Southern on 10/31/2019.] |
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