Langowsky et al v. Ethicon, Inc. et al
| John Joseph Langowsky and Eileen Langowsky |
| American Medical Systems, Inc., Johnson & Johnson, Ethicon, LLC and Ethicon, Inc. |
| 7:2020cv00022 |
| January 9, 2020 |
| US District Court for the Western District of Virginia |
| Robert S Ballou |
| Michael F Urbanski |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 59
SCHEDULING ORDER: Jury Trial set for 4/12/2021 09:30 AM in Roanoke before Chief Judge Michael F. Urbanski. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs.). All nondispositive pretrial motions and issues, except motions in limine and Daubert Motions, are hereby referred to United States Magistrate Judge Robert S. Ballou, pursuant to 20 U.S.C. 636(b)(1)(A). Signed by Chief Judge Michael F. Urbanski on 02/28/2020. (ams)
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| Filing 58 Notice of Correction re 57 Proposed Pretrial Order - Moon. Viewing restriction of 57 changed due to attorney filing document by mistake; only viewable to court personnel. (mka) |
| Filing 56 CERTIFICATE of Counsel of Service of Plaintiffs' Disclosures by Kila B. Baldwin on behalf of All Plaintiffs (Baldwin, Kila) |
| Filing 55 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Defendants' Initial Disclosures (Floyd, Lee) |
| Filing 54 Minute Entry for proceedings held before Chief Judge Michael F. Urbanski: Scheduling Conference held on 2/6/2020. Scheduling order template emailed to parties; parties to submit proposed scheduling order. (mka) |
| Filing 53 Rule 26(f) Agreed Written Plan by Defendants Ethicon, Inc., Johnson & Johnson (Floyd, Lee) |
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Filing 52
ORDER granting #50 MOTION for Kila B. Baldwin to Appear Pro Hac Vice. Signed by Chief Judge Michael F. Urbanski on 01/29/2020. (ams)
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Filing 51
ORDER granting #49 MOTION for Lee B. Balefsky to Appear Pro Hac Vice. Signed by Chief Judge Michael F. Urbanski on 01/29/2020. (ams)
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| Filing 50 MOTION for Kila B. Baldwin to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3317624. by Eileen Langowsky, John Joseph Langowsky. (Attachments: #1 Exhibit Order Granting Motion for Pro Hac Vice Admission of Kila B. Baldwin)(Memmer, C.) |
| Filing 49 MOTION for Lee B. Balefsky to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3317616. by Eileen Langowsky, John Joseph Langowsky. (Attachments: #1 Exhibit Order Granting Motion for Pro Hac Vice Admission of Lee B. Balefsky)(Memmer, C.) |
| Filing 48 NOTICE of Hearing: (N) (No Interpreter requested) Scheduling Conference set for 2/6/2020 09:00 AM in Roanoke before Chief Judge Michael F. Urbanski. Dial in instructions emailed to counsel. (mka) |
| Filing 47 Scheduling Letter (mka) |
| Filing 46 NOTICE of Appearance by C. Kailani Memmer on behalf of Eileen Langowsky, John Joseph Langowsky (Memmer, C.) |
| Filing 45 Positive Corporate Disclosure Statement by Ethicon, Inc. identifying Corporate Parent Johnson & Johnson for Ethicon, Inc.. (Brown, John) (Main Document 45 replaced with flattened document on 1/15/2020) (ams). |
| Filing 44 Positive Corporate Disclosure Statement by Johnson & Johnson (Brown, John) (Main Document 44 replaced with flattened document on 1/15/2020) (ams). |
| Filing 43 NOTICE of Appearance by John Patrick Brown on behalf of Ethicon, Inc., Johnson & Johnson (Brown, John) (Main Document 43 replaced with flattened document on 1/15/2020) (ams). |
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Filing 42
ORDER granting #41 Motion to Withdraw as Attorney. Attorney Christy D. Jones; Susan M. Robinson; Kari L. Sutherland; David B. Thomas; Philip Judson Combs and William M. Gage terminated. Signed by Chief Judge Michael F. Urbanski on 01/13/2020. (ams)
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| Filing 41 MOTION to Withdraw as Attorney by Ethicon, Inc., Johnson & Johnson. (Floyd, Lee) |
| Filing 40 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-09185. Original file certified copy of transfer order and docket sheet received. |
| Filing 39 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 7141 - NOA of Prior Reply of Jaime Sepulveda-Toro, #2 Exhibit ECF 2060 - MTE by all Plaintiffs the Opinions of FDA Expert Timothy Ulatowski, #3 Exhibit ECF 2065 - Memo in Supp of MTE Testimony of Timothy Ulatowski, #4 Exhibit ECF 2134 - Response in Opp to MTE Timothy Ulatowski, #5 Exhibit ECF 2232 - PL Reply Brief in Supp of Their Daubert MTE Timothy Ulatowski, #6 Exhibit ECF 2910 - Notice of Response and Adoption of prior response regarding Timothy Ulatowski, #7 Exhibit ECF 6860 - NOA of Prior Daubert Motion of Timothy Ulatowski, M.D., #8 Exhibit ECF 6965 - NOA of Prior Daubert Response Regarding Timothy Ulatowski, #9 Exhibit ECF 7143 - NOA of Prior Daubert Reply of Timothy Ulatowski, M.D., #10 Exhibit ECF 1986 - AMENDED MTE Opinions and Testimony of Thomas C. Wright, Jr.,, #11 Exhibit ECF 1988 - Memo in Supp of MTE Testimony of Thomas Wright, #12 Exhibit ECF 2143 - Resp to PL Amended MTE the Opinions and testimony of Dr. Thomas C. Wright JR., M.D._33212544_1, #13 Exhibit ECF 3844 - Reply to NOA of Prior Daubert Response of Thomas C. Wright, Jr., M.D. for Wave 4 by All Plaintiffs to (3711) Notice (Other)_36430822_1, #14 Exhibit ECF 6864 - NOA of Prior Daubert Motion of Thomas C. Wright, Jr., M.D. for Wave 8 by All P, #15 Exhibit ECF 6973 - NOA of Prior Daubert Response of Thomas C. Wright, Jr., M.D, #16 Exhibit ECF 7119 - NOA of Prior Daubert Reply of Thomas C. Wright, M.D. for Wave 8 by All Plainti, #17 Exhibit ECF 2039 - Plaintiffs' MTE the Opinions and Testimony of Shelby Thames, #18 Exhibit ECF 2042 - Memo in Supp of MTE Testimony of Shelby Thames, #19 Exhibit ECF 2187 - Resp in Opp to MTE Testimony of Dr. Shelby Thames, Ph.D., #20 Exhibit ECF 2247 - REPLY in Sup of PL MTE the Opinions of Dr. Shelby Thames, #21 Exhibit ECF 2455 - Part 1 - MTE by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames, #22 Exhibit ECF 2455 - Part 2 - MTE by All Plaintiffs to Testimony of Dr. Shelby Thames, #23 Exhibit ECF 2458 - MEMORANDUM in support of MTE of Dr. Shelby Thames, #24 Exhibit ECF 2553 - Part 1 - Response in Opp to Plaintiffs MTE Opinions and Testimony of Shelby T, #25 Exhibit ECF 2553 - Part 2 - Response in Opp to Plaintiffs MTE Opinions and Testimony of Shelby T, #26 Exhibit ECF 2553 - Part 3 - Response in Opp to Plaintiffs MTE Opinions and Testimony of Shelby T, #27 Exhibit ECF 2621 - Reply in support of MTE the Opinions of Dr. Shelby Thames, #28 Exhibit ECF 2839 - Part 1 - MTE by All Plaintiffs the Opinions and Testimony of Dr. Shelby Thames, #29 Exhibit ECF 2839 - Part 2 - MTE by All Plaintiffs the Opinions and Testimony of Dr. Shelby Thames, #30 Exhibit ECF 2841 - Memo in Supp of MTE Testimony of Dr. Shelby Thames, #31 Exhibit ECF 2957 - Resp in Opp to MTE testimony of Dr. Shelby Thames, #32 Exhibit ECF 3037 - REPLY by ALL Plaintiffs in Support of MTE the Opinions of Dr. Shelby Thames, #33 Exhibit ECF 6857 - NOA of Prior Daubert Motion of Shelby Thames, #34 Exhibit ECF 6972 - NOA of Prior Daubert Response of Shelby Thames for Wave 8, #35 Exhibit ECF 7113 - NOA of Prior Daubert Reply of Shelby Thames, M.D)(Robinson, Susan) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 38 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 6648 - NOA of Ethicon's Motion to Exclude the Testimony Klinge, #2 Exhibit ECF 6833 - Amended Notice of Adoption to Exclude Testimony of Uwe Klinge, #3 Exhibit ECF 6926 - NOTICE of Adoption of Prior Daubert Response of Prof. Dr. Med. Uwe Klinge, #4 Exhibit ECF 7123 - NOTICE of Adoption of Prior Daubert Reply Regarding Prof. Dr. Med. Uwe Klinge, #5 Exhibit ECF 3619 - Motion to Exclude Iakovlev & EXHIBITS A-J, #6 Exhibit ECF 3619 - Exhibit Part 1 - EXHIBITS K-AA Motion to Exclude Iakovlev, #7 Exhibit ECF 3619 - Exhibit Part 2 - EXHIBITS BB-FF Motion to Exclude Iakovlev, #8 Exhibit ECF 3621 MOL in Support of MTE Iakovlev, #9 Exhibit ECF 3790 - Pl response to Iak daubert and Exhibit A, #10 Exhibit ECF 3790 - Exhibit Part 1 - Pl response to Iak daubert and Exhibit A-H, #11 Exhibit ECF 3790 - Exhibit Part 2 -Pl response to Iak daubert and Exhibit I-T, #12 Exhibit ECF 3865 Def Reply to MTE Iakovlev, #13 Exhibit ECF 6874 - Def MTE Iak and EXHIBITS A-D, #14 Exhibit ECF 6874 - Exhibit Part 1 - Exhibit D Defs' MTE Iak Wave 8, #15 Exhibit ECF 6874 - Exhibit Part 2 - EXHIBIT D-H Defs' MTE Iak Wave 8, #16 Exhibit ECF 6875 Defs' MIS of Iakovlev Wave 8, #17 Exhibit ECF 7038 Plf's Response to MTE Iakovlev Wave 8, #18 Exhibit ECF 7045 Plf's Opposition to Defs' MTE Iakovlev Wave 8, #19 Exhibit ECF 7085 Pl amended NOA response for wave 8, #20 Exhibit ECF 7183 Def Reply to MTE Iak wave 8, #21 Exhibit ECF 2025 - MTE Joseph Carbone, #22 Exhibit ECF 2027 - MIS MTE Joseph Carbone, #23 Exhibit ECF 2915 - MIO MTE Joseph Carbone, #24 Exhibit ECF 6790 - NOA Prior Daubert of Joseph Carbone, #25 Exhibit ECF 7007 - NOA Prior Response Joseph Carbone, M.D., #26 Exhibit ECF 2014 - Plfs MTE and Testimony of Jaime Sepulveda-Toro, #27 Exhibit ECF 2018 - MIS of MTL Testimony of Jamie Sepulveda-Toro, #28 Exhibit ECF 2225 - REPLY to Limit the Testimony of Jaime Sepulveda-Toro, #29 Exhibit ECF 4495 - Defs' Opp to NOA of Prior Motion of Jaime Sepulveda-Toro, #30 Exhibit ECF 6849 - NOA of Prior Motion of Jamie Sepulveda-Toro)(Robinson, Susan) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 37 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 2817 - MTE Bruce Rosenzweig, #7 Exhibit ECF 2818 - MIS of MTE of Bruce Rosenzweig, M.D., #8 Exhibit ECF 2931 - Pl Opposition to MTE Bruce Rosenzweig, #9 Exhibit ECF 5332- MTE Bruce Rosenzweig, #10 Exhibit ECF 5333 - MIS MTE Bruce Rosenzweig, #11 Exhibit ECF 5482 - MIO MTE Bruce Rosenzweig, #12 Exhibit ECF 5548 - REPLY MTE Bruce Rosenzweig, #13 Exhibit ECF 6852 - NOA Prior MTE Bruce Rosenzweig, #14 Exhibit ECF 6960 - NOA Prior Response Bruce Rosenweig, #15 Exhibit ECF 2815 - MIS of Motion to Exclude Certain General Opinions of Daniel Elliott, M.D, #16 Exhibit ECF 2952 - MEMORANDUM in Opposition to Motion to Exclude Opinions of Daniel Elliot, #17 Exhibit ECF 5339 - Part 1 -Motion to Exclude Opinions of Daniel Elliot, M.D., #18 Exhibit ECF 5339 - Part 2 - Motion to Exclude Opinions of Daniel Elliot, M.D., #19 Exhibit ECF 5340 - MEMORANDUM in Support of Motion to Exclude Opinions of Daniel Elliot, M.D., #20 Exhibit ECF 5491 - MEMORANDUM in Opposition to Motion to Exclude Opinions of Daniel Elliot, #21 Exhibit ECF 6842 - NOTICE of Adoption of Prior Daubert Motion to Exclude Opinions of Daniel Elliot, #22 Exhibit ECF 6922 - NOTICE of Adoption of Prior Daubert Response of Daniel Elliot, M.D., #23 Exhibit ECF 3626 - Part 1 of MT Limit Klinge, #24 Exhibit ECF 3626 - Part 2 of MT Limit Klinge, #25 Exhibit ECF 3630 - MEMORANDUM In Support of MT Limit Klinge, #26 Exhibit ECF 3767 - Part 1 - Response in Opposition to MTE Klinge, #27 Exhibit ECF 3767 - Part 2 - Response in Opposition to MTE Klinge, #28 Exhibit ECF 3767 - Part 3 - Response in Opposition to MTE Klinge, #29 Exhibit ECF 3767 - Part 4 - Response in Opposition to MTE Klinge)(Robinson, Susan) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 36 NOTICE OF ATTORNEY APPEARANCE by Lee Adair Floyd on behalf of Ethicon, Inc., Johnson & Johnson. (Floyd, Lee) [Transferred from West Virginia Southern on 1/10/2020.] (Main Document 36 replaced with flattened document on 1/10/2020) (ams). |
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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 1/10/2020.]
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| Filing 34 RESPONSE TO ORDER TO SHOW CAUSE by Eileen Langowsky, John Joseph Langowsky (Balefsky, Lee) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 33 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Exhibit 1 - List of Cases, #2 Exhibit 2 - Letter)(Gage, William) (Modified on 5/3/2019 to remove terminated party filer) (mk). [Transferred from West Virginia Southern on 1/10/2020.] |
| NOTICE OF DOCKET CORRECTION re: #32 Response. ERROR: Document filed in incorrect civil action. CORRECTION: Image removed (mk). [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 32 INCORRECT ENTRY; IMAGE REMOVED. (Modified on 4/24/2019 to remove image filed in incorrect civil action) (mk). [Transferred from West Virginia Southern on 1/10/2020.] |
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Filing 31
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 1/10/2020.]
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Filing 30
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 1/10/2020.]
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| Filing 29 MEMORANDUM by Eileen Langowsky, John Joseph Langowsky in opposition to #25 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Balefsky, Lee) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 28 OPPOSITION by Eileen Langowsky, John Joseph Langowsky to #25 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Balefsky, Lee) [Transferred from West Virginia Southern on 1/10/2020.] |
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Filing 27
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 1/10/2020.]
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| Filing 26 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #25 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Combs, Philip) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 25 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Attachments: #1 Exhibit A - C)(Combs, Philip) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 24 NOTICE OF VIDEO DEPOSITIONS by Ethicon, Inc., Johnson & Johnson of Friends and Family: John Joseph Langowsky; John Joseph Langowsky II; Sabrina Barkley; Elizabeth Bowman on a Date and Time to Be Determined (Robinson, Susan) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 23 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 1/10/2020.] (Main Document 23 replaced with flattened document on 1/10/2020) (ams). |
| Filing 22 THIRD AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Tamera Howell on 9/14/18 at 1:30 p.m. (Robinson, Susan) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 21 SECOND AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Tamera Howell on 9/14/18 at 1:30 p.m. (Robinson, Susan) [Transferred from West Virginia Southern on 1/10/2020.] |
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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: 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 1/10/2020.]
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| Filing 19 CERTIFICATE OF SERVICE by Eileen Langowsky, John Joseph Langowsky for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Balefsky, Lee) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 18 RETURN OF SERVICE ON SUBPOENA for Dr. Tamera Howell. (Robinson, Susan) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 17 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Tamera Howell on 7/20/18 at 1:00 p.m. (Robinson, Susan) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 16 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (Combs, Philip) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 15 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Eileen Langowsky on 6/1/18 at 9:00 a.m. (Robinson, Susan) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 14 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Eileen Langowsky on 4/23/18 at 9:00 a.m. (Robinson, Susan) [Transferred from West Virginia Southern on 1/10/2020.] |
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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 1/10/2020.]
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| Filing 12 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Tamera L. Howell on 3/19/2018 at 9:00 a.m. (Sutherland, Kari) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 11 PLAINTIFF PROFILE FORM filed by Eileen Langowsky, John Joseph Langowsky. (Jimenez, Priscilla) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 10 AMENDED SHORT FORM COMPLAINT filed by Eileen Langowsky, John Joseph Langowsky against Ethicon, Inc., Johnson & Johnson,. (Balefsky, Lee) [Transferred from West Virginia Southern on 1/10/2020.] |
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Filing 9
ORDER (Dismissing Defendant American Medical Systems, Inc. with Prejudice and Transferring Cases to MDL 2327) Pending in MDL 2325, is a Joint Motion to Dismiss Defendant American Medical Systems, Inc. with Prejudice filed by the plaintiffs, identified in Exhibits A-N, and American Medical Systems, Inc. seeking dismissal of AMS as a defendant in these actions with prejudice and Plaintiffs' Motion to Transfer MDLs. Because all claims against AMS have been compromised and settled, including all claims, counterclaims, cross-claims and third party claims, the Joint Motion to Dismiss AMS with Prejudice is GRANTED and the MOTION TO TRANSFER MDLs is GRANTED. Plaintiffs' counsel are DIRECTED to file the appropriate Amended Short Form Complaints within the time frame outlined in their Motion. Defendant AMS is DISMISSED WITH PREJUDICE as a defendant in the actions listed in Exhibits A-N,these actions are TRANSFERRED to MDL 2327, and the Clerk is directed to disassociate these civil actions as member cases in MDL 2325 and re-associate them with MDL 2327. Signed by Judge Joseph R. Goodwin on 5/12/2016. (cc: Clerk of the JPMDL; attys) (REF: MDL 2325; Cases Listed on Exhibit A-N) (kp) [Transferred from West Virginia Southern on 1/10/2020.]
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| 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 1/10/2020.] |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael J. Farrell on behalf of American Medical Systems, Inc.. (Farrell, Michael) [Transferred from West Virginia Southern on 1/10/2020.] (Main Document 7 replaced with flattened document on 1/10/2020) (ams). |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Erik W. Legg on behalf of American Medical Systems, Inc.. (Legg, Erik) [Transferred from West Virginia Southern on 1/10/2020.] (Main Document 6 replaced with flattened document on 1/10/2020) (ams). |
| Filing 5 WAIVER OF SERVICE EXECUTED. Waiver signed by Tracy G. Weiss on 5/10/13. American Medical Systems, Inc. waiver mailed on 5/6/2013, answer due 7/5/2013. (Weiss, Tracy) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 4 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 1/10/2020.] |
| Filing 3 TRANSMITTED PRETRIAL ORDER # 60 (SHOW CAUSE ORDER REGARDING DISMISSAL OF COLOPLAST A/S, COLOPLAST MANUFACTURING US, LLC AND PORGES S.A.) entered on 04/19/2013 in MDL 2325 to attorneys in member case. (Attachment: #1 Exhibit A) (jap) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 2 ELECTRONIC SUMMONS ISSUED as to 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). (jap) [Transferred from West Virginia Southern on 1/10/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2376968. (Attachment: #1 Civil Cover Sheet) (jap) [Transferred from West Virginia Southern on 1/10/2020.] |
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