Warhol v. Anne Viselli M.D.
| Robyn Warhol |
| Ethicon, Inc., Anne Viselli and Johnson & Johnson |
| 2:2020cv00203 |
| December 2, 2020 |
| US District Court for the District of Vermont |
| William K Sessions |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 67
STIPULATION AND ORDER to Dismiss With Prejudice. Signed by Judge William K. Sessions III on 12/23/2020. (law)
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| Filing 66 STIPULATION to Dismiss with prejudice filed by Robyn Warhol. (Attachments: #1 Certificate of Service)(Flynn, Susan) Text clarified on 12/23/2020 (law). |
| Filing 65 CASE TRANSFERRED IN from District of West Virginia Southern; Case Number 2:15-cv-06033. |
| Filing 64 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 12/2/2020. (cc: attys) (kew) [Transferred from West Virginia Southern on 12/2/2020.] |
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Filing 63
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 11/27/2020 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 11/20/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; cases on Exhibit A) (kew) [Transferred from West Virginia Southern on 12/2/2020.]
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Filing 62
ORDER denying as moot the #22 , #41 , #44 , #46 , #56 , and #59 Motions. Signed by Judge Joseph R. Goodwin on 11/16/2020. (cc: counsel of record; any unrepresented party) (kew) [Transferred from West Virginia Southern on 12/2/2020.]
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Filing 61
ORDER (Dismissing Certain Defendants With Prejudice) The #60 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss With Prejudice due to civil action being compromised and settled is GRANTED and the Ethicon defendants are DISMISSED WITH PREJUDICE. Signed by Judge Joseph R. Goodwin on 5/21/2020. (cc: counsel of record; any unrepresented party) (maw) [Transferred from West Virginia Southern on 12/2/2020.]
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| Filing 60 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss With Prejudice due to civil action being compromised and settled. (Gage, William) [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 59 MOTION by Ethicon, Inc., Johnson & Johnson to Strike #56 MOTION by Robyn Warhol for Judicial Notice re: #54 Reply to Response. (Attachments: #1 Exhibit A)(Robinson, Susan) [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 58 INCORRECT ENTRY: Docketed in wrong case. (Modified on 1/16/2020 to remove incorrect image) (msa). [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 57 REPLY by Ethicon, Inc., Johnson & Johnson to #55 Memorandum In Opposition. (Robinson, Susan) [Transferred from West Virginia Southern on 12/2/2020.] |
| NOTICE OF DOCKET CORRECTION re: 58 INCORRECT ENTRY. ERROR: Docketed in wrong case. CORRECTION: Incorrect image removed. (msa) [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 56 MOTION by Robyn Warhol for Judicial Notice re: #54 Reply to Response (Attachments: #1 Exhibit statute, #2 Exhibit case)(Clark, Catherine) [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 55 MEMORANDUM by Robyn Warhol in opposition to #46 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Case-Specific Opinions and Testimony of Niall Galloway, M.D. (Clark, Catherine) [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 54 REPLY by Ethicon, Inc., Johnson & Johnson to #51 Memorandum In Opposition. (Robinson, Susan) [Transferred from West Virginia Southern on 12/2/2020.] |
| NOTICE OF DOCKET CORRECTION re: #53 Certificate of Service by Robyn Warhol for Substitute Rule 26(a)(2) Expert Testimony Disclosures. ERROR: Image contained complete disclosures. CORRECTION: Complete disclosures removed and replaced with Certificate of Service. (ts) [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 53 CERTIFICATE OF SERVICE by Robyn Warhol for Substitute Rule 26(a)(2) Expert Testimony Disclosures. (Clark, Catherine) (Modified on 1/6/2020 to remove complete disclosures and replace with certificate of service) (ts). [Transferred from West Virginia Southern on 12/2/2020.] |
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Filing 52
ORDER granting #50 MOTION by Robyn Warhol to Extend Time to Respond to #46 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Case-Specific Opinions and Testimony of Niall Galloway, M.D.; any response must be filed by 01/09/2020, and any reply must be filed by 01/16/2020. Signed by Judge Joseph R. Goodwin on 12/31/2019. (cc: counsel of record; any unrepresented party) (st) [Transferred from West Virginia Southern on 12/2/2020.]
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| Filing 51 MEMORANDUM by Robyn Warhol in opposition to #44 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Attachment: #1 Exhibit)(Clark, Catherine) [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 50 MOTION by Robyn Warhol to Extend Time to Respond to #46 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Case-Specific Opinions and Testimony of Niall Galloway, M.D. (Clark, Catherine) [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 49 REPLY by Ethicon, Inc., Johnson & Johnson to #43 Memorandum In Opposition. (Gage, William) [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 48 NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Niall Galloway on 1/23/2020 at 9:00 a.m. ET (Robinson, Susan) [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 47 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #46 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Case-Specific Opinions and Testimony of Niall Galloway, M.D. (Robinson, Susan) [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 46 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Case-Specific Opinions and Testimony of Niall Galloway, M.D. (Attachments: #1 Exhibit A-E)(Robinson, Susan) [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 45 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #44 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Robinson, Susan) [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 44 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Attachments: #1 Exhibit A-E)(Robinson, Susan) [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 43 MEMORANDUM by Robyn Warhol in opposition to #41 MOTION by Ethicon, Inc., Johnson & Johnson to Strike Expert Disclosure (Clark, Catherine) [Transferred from West Virginia Southern on 12/2/2020.] |
| NOTICE OF DOCKET CORRECTION: re: #41 MOTION by Ethicon, Inc., Johnson & Johnson to Strike (Gage, William) and #42 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support ERROR: Incorrect image for motion. CORRECTION: Incorrect image removed and replaced. ERROR: exhibit attached to memorandum. CORRECTION: exhibit removed and attached to motion. (msa). [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 42 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #41 MOTION by Ethicon, Inc., Johnson & Johnson to Strike (Gage, William) (Modified on 12/4/2019 to remove exhibit A attached to Memorandum) (msa). [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 41 MOTION by Ethicon, Inc., Johnson & Johnson to Strike Plaintiff's Untimely Expert Disclosures (Gage, William) #1 Exhibit A) (msa). (Modified on 12/4/2019 to replace incorrect image and attach exhibit) (msa). [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 40 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Friends and Family on dates and times to be determined (Robinson, Susan) [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 39 CERTIFICATE OF SERVICE by Robyn Warhol for Plaintiff's Expert Disclosure. (Clark, Catherine) [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 38 AMENDED NOTICE TO TAKE VIDEO DEPOSITION by Robyn Warhol of Anne Viselli on December 2, 2019 at 2:00 p.m. (Clark, Catherine) [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 37 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) [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 36 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Anne Viselli on 12/2/19 at 2:00 p.m. ET (Robinson, Susan) [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 35 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Anne Viselli on 11/6/19 at 11:00 a.m. ET (Robinson, Susan) [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 34 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Robyn Warhol on 10/14/19 at 1:00 p.m. ET (Robinson, Susan) [Transferred from West Virginia Southern on 12/2/2020.] |
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Filing 33
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) (mms) [Transferred from West Virginia Southern on 12/2/2020.]
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| Filing 32 CERTIFICATE OF SERVICE by Robyn Warhol for Discovery Certificate. (Clark, Catherine) [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 31 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production. (Robinson, Susan) [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 30 PLAINTIFF FACT SHEET filed by Robyn Warhol. (Clark, Catherine) [Transferred from West Virginia Southern on 12/2/2020.] |
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Filing 29
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) [Transferred from West Virginia Southern on 12/2/2020.]
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| Filing 28 PLAINTIFF PROFILE FORM filed by Robyn Warhol. (Attachment: #1 Exhibit)(Clark, Catherine) [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 27 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 12/2/2020.] |
| Filing 26 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Susan M. Robinson on behalf of Ethicon, Inc., Johnson & Johnson. (Robinson, Susan) [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 25 RESPONSE by Ethicon, Inc., Johnson & Johnson in opposition to #22 MOTION by Robyn Warhol to Remand Case to Chittenden Superior Court (Jones, Christy) [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 24 NOTICE of Supplemental Authority by Ethicon, Inc., Johnson & Johnson (Attachment: #1 Exhibit A)(Jones, Christy) [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 23 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 12/2/2020.] |
| Filing 22 MOTION and MEMORANDUM by Robyn Warhol to Remand Case to Chittenden Superior Court (Clark, Catherine) [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 21 ANSWER TO COMPLAINT Attached to #1 Notice of Removal by Anne Viselli.(Berger, Ritchie) (Modified on 5/12/2015 to add link to #1 notice of removal)(skh). [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 20 TRANSMITTED PRETRIAL ORDER # 173 (Final Order Regarding Severance of Actions) entered on 05/04/2015 in MDL 2327 to attorneys in member case. (kw) [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 19 CASE TRANSFERRED IN from the Vermont; Case Number 2:15-cv-00094. Original file certified copy of transfer order and docket sheet received. [Transferred from West Virginia Southern on 12/2/2020.] |
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Filing 18
CONDITIONAL TRANSFER ORDER (CTO-172): case transferred to District of Southern District of West Virginia. Signed by Judge Unassigned on 5/11/2015. (law) [Transferred from Vermont on 5/11/2015.] [Transferred from West Virginia Southern on 12/2/2020.]
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| Filing 17 NOTICE by Ethicon, Inc., Johnson & Johnson of Filing #1 Notice of Removal. (Attachments: #1 Notice of Removal, #2 Certificate of Service) (originally filed 4/30/2015 in state court)(law) [Transferred from Vermont on 5/11/2015.] [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 16 ENTRY REGARDING MOTION granting #11 STIPULATION to Extend Time to Answer re: #9 Complaint. Compliance by 5/18/2015. Signed by Judge Helen Toor on 4/21/2015. (originally filed 4/23/2015 in state court)(law) [Transferred from Vermont on 5/11/2015.] [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 15 AFFIDAVIT of Service for Summons and Complaint, Certification of Merit served on Johnson & Johnson on 4/3/2015. (originally filed 4/23/2015 in state court) (law) [Transferred from Vermont on 5/11/2015.] [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 14 NOTICE OF APPEARANCE by Ritchie E. Berger, Esq on behalf of Anne Viselli. (originally filed 4/20/2015 in state court)(law) [Transferred from Vermont on 5/11/2015.] [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 13 SUMMONS RETURNED Executed. Anne Viselli served on 4/8/2015, answer due 4/29/2015. (originally filed 4/17/2015 in state court)(law) [Transferred from Vermont on 5/11/2015.] [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 12 AFFIDAVIT of Service for Summons and Complaint, Certification of Merit served on Ethicon, Inc. on 4/6/2015. (originally filed 4/17/2015 in state court)(law) [Transferred from Vermont on 5/11/2015.] [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 11 STIPULATION to Extend Time to Answer re: #9 Complaint by Ethicon, Inc., Johnson & Johnson, Robyn Warhol. (originally filed 4/17/2015 in state court) (law) [Transferred from Vermont on 5/11/2015.] [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 10 AFFIDAVIT of Service for Summons and Complaint, Certification of Merit served on Johnson & Johnson on 4/3/2015. (originally filed 4/13/2015 in state court) (law) [Transferred from Vermont on 5/11/2015.] [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 9 COMPLAINT against Ethicon, Inc., Johnson & Johnson, Anne Viselli filed by Robyn Warhol. (Attachments: #1 Certificate of Merit, #2 Summonses) (originally filed 3/30/2015 in state court)(law) [Transferred from Vermont on 5/11/2015.] [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 8 RECEIVED FILE and certified copy of docket sheet from State Court. (law) [Transferred from Vermont on 5/11/2015.] [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 7 MOTION to Stay All Proceedings Pending Decision to Transfer to MDL No. 2327 filed by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit A, #2 Text of Proposed Order, #3 Memorandum in Support, #4 Attachment 1)(Borick, Matthew) [Transferred from Vermont on 5/11/2015.] [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 6 LETTER to Vermont Superior Court, Chittenden Unit, Civil Division requesting original case file and certified docket sheet. (law) [Transferred from Vermont on 5/11/2015.] [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 5 MOTION to Sever claims filed by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Certificate of Service)(law) [Transferred from Vermont on 5/11/2015.] [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 4 CORPORATE DISCLOSURE STATEMENT pursuant to Local Rule 7.1(a) by Ethicon, Inc., Johnson & Johnson. (law) [Transferred from Vermont on 5/11/2015.] [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 3 ANSWER to Complaint with Affirmative Defenses with Jury Demand by Ethicon, Inc. (law) [Transferred from Vermont on 5/11/2015.] [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 2 ANSWER to Complaint and Affirmative Defenses with Jury Demand by Johnson & Johnson. (law) [Transferred from Vermont on 5/11/2015.] [Transferred from West Virginia Southern on 12/2/2020.] |
| Filing 1 NOTICE OF REMOVAL by Ethicon, Inc., Johnson & Johnson from Vermont Superior Court, Chittenden Unit, Civil Division, case number 324-3-15 Cncv. ( Filing fee $ 400) (Attachments: #1 Exhibit A, #2 Certificate of Service, #3 Civil Cover Sheet)(law) [Transferred from Vermont on 5/11/2015.] [Transferred from West Virginia Southern on 12/2/2020.] |
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