Burgoyne et al v. Ethicon, Inc. et al
| Danny Burgoyne and Janet Burgoyne |
| Ethicon, Inc. and Johnson & Johnson |
| 1:2020cv00263 |
| December 4, 2020 |
| US District Court for the Northern District of West Virginia |
| Thomas S Kleeh |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 28, 2020. A more recent docket listing may be available from PACER.
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Filing 56
ORDER GRANTING AMENDED MOTION FOR WITHDRAWAL AS COUNSEL DKT. NO. #55 , DENYING AS MOOT MOTION FOR WITHDRAWAL AS COUNSEL DKT. NO. #53 . Attorney David B. Thomas; William M. Gage and Christy D. Jones terminated. Attorney Natalie R. Atkinson added. Signed by District Judge Thomas S. Kleeh on 12/28/2020. (copy counsel of record)(jmm)
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| Filing 55 Amended MOTION to Amend/Correct Withdrawal and Substitution of Counsel by Ethicon, Inc., Johnson & Johnson. (Robinson, Susan) |
| Filing 54 Corporate Disclosure Statement by Ethicon, Inc., Johnson & Johnson. (Robinson, Susan) |
| Filing 53 MOTION to Withdraw as Attorney Christy D. Jones, William M. Gage and David B. Thomas, MOTION to Substitute Attorney Natalie B. Atkinson by Ethicon, Inc., Johnson & Johnson. (Robinson, Susan) |
| Filing 52 VERIFICATION OF ATTORNEY ADMISSION. (jmm) |
| Filing 51 Case transferred in from District of West Virginia Southern; Case Number 2:14-cv-28620. (jmm) |
| Filing 50 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #39 CONTINUED, MDL ECF (2039) - Pls' Mot to Exclude Shelby Thames, #2 Exhibit MDL ECF (2042) - Pls' Mem in Supp 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 (8071) - Pls' Mot to Exclude Shelby Thames, #18 Exhibit MDL ECF (8073) - Pls' Mem in Support of Mot to Exclude Shelby Thames, #19 Exhibit MDL ECF (8791) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Shelby Thames, #20 Exhibit MDL ECF (8909) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Shelby Thames)(Robinson, Susan) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 49 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #39 CONTINUED, MDL ECF (2026) - Pls' Mot to Exclude Stanley Zaslau, #2 Exhibit MDL ECF (2030) - Pls' Mem in Support of Mot to Exclude Stanley Zaslau, #3 Exhibit MDL ECF (2162) - Defs' Resp to Pls' Mot to Exclude Stanley Zaslau, #4 Exhibit MDL ECF (2220) - Pls' Reply in Support of Mot to Exclude Stanley Zaslau, #5 Exhibit MDL ECF (2827) - Notice of Adoption of Pls' Mot to Exclude Stanley Zaslau, #6 Exhibit MDL ECF (2898) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Stanley Zaslau, #7 Exhibit MDL ECF (3665) - Pls' Mot to Exclude Stanley Zaslau, #8 Exhibit MDL ECF (3669) - Pls' Mem in Support of Mot to Exclude Stanley Zaslau, #9 Exhibit MDL ECF (3780) - Defs' Resp to Pls' Mot to Exclude Stanley Zaslau, #10 Exhibit MDL ECF (3859) - Pls' Reply in Support of Mot to Exclude Stanley Zaslau, #11 Exhibit MDL ECF (8761) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Stanley Zaslau, #12 Exhibit MDL ECF (8843) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Stanley Zaslau)(Robinson, Susan) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 48 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #39 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 Pls' 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 (7346) - Notice of Adoption of Pls' Mot to Exclude Tim Ulatowski, #7 Exhibit MDL ECF (8755) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Timothy Ulatowski, #8 Exhibit MDL ECF (8822) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Timothy Ulatowski)(Robinson, Susan) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 47 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #39 CONTINUED, MDL ECF (2087) - Pls' Mot to Exclude Kimberly Kenton, #2 Exhibit MDL ECF (2088) - Pls' Mem in Support of Mot to Exclude Kimberly Kenton, #3 Exhibit MDL ECF (2132) - Defs' Resp to Pls' Mot to Exclude Kimberly Kenton, #4 Exhibit MDL ECF (2244) - Pls' Reply in Support of Mot to Exclude Kimberly Kenton, #5 Exhibit MDL ECF (2939) - Defs' Resp to Pls' Mot to Exclude Kimberly Kenton, #6 Exhibit MDL ECF (8726) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Kimberly Kenton, #7 Exhibit MDL ECF (8816) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Kimberly Kenton)(Robinson, Susan) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 46 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #39 CONTINUED, MDL ECF (2041) - Pls Mot to Exclude Michael Woods, #2 Exhibit MDL ECF (2043) - Pls Mem in Support of Mot to Exclude Michael Woods, #3 Exhibit MDL ECF (2136) - Defs' Resp to Pls' Mot to Exclude Michael Woods, #4 Exhibit MDL ECF (2234) - Pls' Reply in Support of Mot to Exclude Michael Woods, #5 Exhibit MDL ECF (2927) - Defs' Resp to Pls' Mot to Exclude Michael Woods, #6 Exhibit MDL ECF (3051) - Pls' Reply in Support of Mot to Exclude Michael Woods, #7 Exhibit MDL ECF (8759) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Michael Woods, #8 Exhibit MDL ECF (8853) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Michael Woods)(Robinson, Susan) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 45 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #39 CONTINUED, MDL ECF (2075) - Defs' Mot to Exclude Peggy Pence, #2 Exhibit MDL ECF (2078) - Defs' Mem in Support of Mot to Exclude Peggy Pence, #3 Exhibit MDL ECF (2172) - Pls' Resp to Defs' Mot to Exclude Peggy Pence, #4 Exhibit MDL ECF (2214) - Defs' Reply in Support of Mot to Exclude Peggy Pence, #5 Exhibit MDL ECF (2759) - Defs' Mot to Exclude Peggy Pence, #6 Exhibit MDL ECF (2760) - Defs' Mem in Support of Mot to Exclude Peggy Pence, #7 Exhibit MDL ECF (2949) - Pls' Resp to Defs' Mot to Exclude Peggy Pence, #8 Exhibit MDL ECF (3017) - Defs' Reply in Support of Mot to Exclude Peggy Pence, #9 Exhibit MDL ECF (8807) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Peggy Pence, #10 Exhibit MDL ECF (8855) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Peggy Pence)(Robinson, Susan) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 44 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #39 CONTINUED, MDL ECF (1987) Part 1 - Defs' Mot to Exclude Duane Priddy, #2 Exhibit MDL ECF (1987) Part 2 - Defs' Mot to Exclude Duane, #3 Exhibit MDL ECF (1987) Part 3 - Defs' Mot to Exclude Duane Priddy, #4 Exhibit MDL ECF (1989) - Defs' Mem in Support of Mot to Exclude Duane Priddy, #5 Exhibit MDL ECF (2168) - Pls' Resp to Defs' Mot to Exclude Duane Priddy, #6 Exhibit MDL ECF (2207) - Defs' Reply in Support of Mot to Exclude Duane Priddy, #7 Exhibit MDL ECF (3652) Part 1 - Defs' Mot to Exclude Duane Priddy, #8 Exhibit MDL ECF (3652) Part 2 - Defs' Mot to Exclude Duane Priddy, #9 Exhibit MDL ECF (3652) Part 3 - Defs' Mot to Exclude Duane Priddy, #10 Exhibit MDL ECF (3652) Part 4 - Defs' Mot to Exclude Duane Priddy, #11 Exhibit MDL ECF (3652) Part 5 - Defs' Mot to Exclude Duane Priddy, #12 Exhibit MDL ECF (3656) - Defs' Mem in Support of Mot to Exclude Duane Priddy, #13 Exhibit MDL ECF (3753) - Pls' Resp to Defs' Mot to Exclude Duane Priddy, #14 Exhibit MDL ECF (3854) - Defs' Reply in Support of Mot to Exclude Duane Priddy, #15 Exhibit MDL ECF (8782) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Duane Priddy, #16 Exhibit MDL ECF (8856) - Notice of Adoption of Pls' Resp Defs' Mot to Exclude Duane Priddy)(Robinson, Susan) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 43 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #39 CONTINUED, MDL ECF (2029) - Defs' Mot to Exclude Michael Margolis, #2 Exhibit MDL ECF (2031) - Defs' Mem in Support of Mot to Exclude Michael Margolis, #3 Exhibit MDL ECF (2169) - Pls' Resp to Defs' Mot to Exclude Michael Margolis, #4 Exhibit MDL ECF (2212) - Defs' Reply in Support of Mot to Exclude Michael Margolis, #5 Exhibit MDL ECF (2832) - Defs' Supp Mot to Exclude Michael Margolis and Notice of Adoption, #6 Exhibit MDL ECF (2833) - Defs' Mem in Support of Supp Mot to Exclude Michael Margolis and Notice of Adoption, #7 Exhibit MDL ECF (2904) - Pls' Resp to Defs' Supp Mot to Exclude Michael Margolis and Notice of Adoption, #8 Exhibit MDL ECF (8785) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Michael Margolis, #9 Exhibit MDL ECF (8845) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Michael Margolis)(Robinson, Susan) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 42 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #39 CONTINUED, MDL ECF (2038) Part 1 - Defs' Mot to Exclude Jerry Blaivas, #2 Exhibit MDL ECF (2038) Part 2 - Defs' Mot to Exclude Jerry Blaivas, #3 Exhibit MDL ECF (2038) Part 3 - Defs' Mot to Exclude Jerry Blaivas, #4 Exhibit MDL ECF (2038) Part 4 - Defs' Mot to Exclude Jerry Blaivas, #5 Exhibit MDL ECF (2038) Part 5 - Defs' Mot to Exclude Jerry Blaivas, #6 Exhibit MDL ECF (2040) - Defs' Mem in Support of Mot to Exclude Jerry Blaivas, #7 Exhibit MDL ECF (2176) - Pls' Resp to Defs' Mot to Exclude Jerry Blaivas, #8 Exhibit MDL ECF (2213) - Defs' Reply in Support of Mot to Exclude Jerry Blaivas, #9 Exhibit MDL ECF (3588) - Defs' Mot to Exclude Jerry Blaivas, #10 Exhibit MDL ECF (3589) - Defs' Mem in Support of Mot to Exclude Jerry Blaivas, #11 Exhibit MDL ECF (3758) - Pls' Resp to Defs' Mot to Exclude Jerry Blaivas, #12 Exhibit MDL ECF (3840) - Defs' Reply in Support of Mot to Exclude Jerry Blaivas, #13 Exhibit MDL ECF (8780) - Notice of Adoption of Defs' Mot to Exclude Jerry Blaivas, #14 Exhibit MDL ECF (8833) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Jerry Blaivas)(Robinson, Susan) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 41 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #39 CONTINUED, MDL ECF (2082) Part 1 - Defs' Mot to Exclude Daniel Elliott, #2 Exhibit MDL ECF (2082) Part 2 - Defs' Mot to Exclude Daniel Elliott, #3 Exhibit MDL ECF (2082) Part 3 - Defs' Mot to Exclude Daniel Elliott, #4 Exhibit MDL ECF (2085) - Defs' Mem in Support of Mot to Exclude Daniel Elliott, #5 Exhibit MDL ECF (2191) - Pls' Amended Resp to Defs' Mot to Exclude Daniel Elliott, #6 Exhibit MDL ECF (2215) - Defs' Reply in Support of Mot to Exclude Daniel Elliott, #7 Exhibit MDL ECF (2815) - Defs' Mem in Support of Mot to Exclude Daniel Elliott, #8 Exhibit MDL ECF (2952) - Pls' Resp to Defs' Mot to Exclude Daniel Elliott, #9 Exhibit MDL ECF (8080) Part 1 - Defs' Mot to Exclude Daniel Elliott, #10 Exhibit MDL ECF (8080) Part 2 - Defs' Mot to Exclude Daniel Elliott, #11 Exhibit MDL ECF (8080) Part 3 - Defs' Mot to Exclude Daniel Elliott, #12 Exhibit MDL ECF (8081) - Defs' Mem in Support of Mot to Exclude Daniel Elliott, #13 Exhibit MDL ECF (8247) - Pls' Resp to Defs' Mot to Exclude Daniel Elliott, #14 Exhibit MDL ECF (8311) - Notice of Adoption of Defs' Reply in Supp of Mot to Exclude Daniel Elliott, #15 Exhibit MDL ECF (8312) - Defs' Reply in Support of Mot to Exclude Daniel Elliott, #16 Exhibit MDL ECF (8778) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Daniel Elliott, #17 Exhibit MDL ECF (8835) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Daniel Elliott)(Robinson, Susan) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 40 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #39 CONTINUED, MDL ECF (2047) Part 1 - Defs' Mot to Exclude Bruce Rosenzweig.pdf, #2 Exhibit MDL ECF (2047) Part 2 - Defs' Mot to Exclude Bruce Rosenzweig.pdf, #3 Exhibit MDL ECF (2049) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig.pdf, #4 Exhibit MDL ECF (2163) Part 1 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig.pdf, #5 Exhibit MDL ECF (2163) Part 2 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig.pdf, #6 Exhibit MDL ECF (2163) Part 3 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig.pdf, #7 Exhibit MDL ECF (2241) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig.pdf, #8 Exhibit MDL ECF (2817) - Defs' Mot to Exclude Bruce Rosenzweig.pdf, #9 Exhibit MDL ECF (2818) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig.pdf, #10 Exhibit MDL ECF (2931) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig.pdf, #11 Exhibit MDL ECF (3024) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig.pdf, #12 Exhibit MDL ECF (5332) - Defs' Mot to Exclude Bruce Rosenzweig.pdf, #13 Exhibit MDL ECF (5333) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig.pdf, #14 Exhibit MDL ECF (5482) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig.pdf, #15 Exhibit MDL ECF (5548) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig.pdf, #16 Exhibit MDL ECF (8776) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Bruce Rosenzweig.pdf, #17 Exhibit MDL ECF (8858) - Notice of Adoption of Pls' Resp Defs' Mot to Exclude Bruce Rosenzweig.pdf)(Robinson, Susan) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 39 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.pdf, #2 Exhibit MDL ECF (239) - Master Answer of Ethicon, Inc. to First Amended Master Complaint.pdf, #3 Exhibit MDL ECF (241) - Master Answer of Johnson & Johnson to First Amended Master Complaint.pdf, #4 Exhibit MDL ECF (262) - Short Form Complaint.pdf, #5 Exhibit MDL ECF (263) - Amended Short Form Complaint.pdf)(Robinson, Susan) [Transferred from West Virginia Southern on 12/4/2020.] |
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Filing 38
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 12/4/2020 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 12/3/2020 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 11/20/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (kew) [Transferred from West Virginia Southern on 12/4/2020.]
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| NOTICE OF DOCKET CORRECTION re: #37 MEMORANDUM by Danny Burgoyne, Janet Burgoyne in opposition to #33 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Bruce Rosenzweig, M.D. ERROR: Incorrect image of Exhibit 1 attached. CORRECTION: Removed and replaced Exhibit 1. (slr) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 37 MEMORANDUM by Danny Burgoyne, Janet Burgoyne in opposition to #33 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Bruce Rosenzweig, M.D. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Kuntz, Jeffrey) (Modified on 11/18/2019 to remove and replace incorrect image of Exhibit 1) (slr). [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 36 RESPONSE by Ethicon, Inc., Johnson & Johnson in opposition to #35 MOTION by Danny Burgoyne, Janet Burgoyne to Exclude Certain Opinions and Testimony of Defense Expert Michael Woods, M.D. (Attachments: #1 Exhibit A-D)(Robinson, Susan) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 35 MOTION by Danny Burgoyne, Janet Burgoyne to Exclude Certain Opinions and Testimony of Defense Expert Michael Woods, M.D. (Cartmell, Thomas) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 34 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #33 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Bruce Rosenzweig, M.D. (Robinson, Susan) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 33 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Bruce Rosenzweig, M.D. (Attachments: #1 Exhibit A - E)(Robinson, Susan) (Modified on 11/4/2019 to correct event)(slr). [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 32 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Amended Designation and Disclosure of General and Case Specific Expert Witnesses and Non-Retained Expert Disclosures. (Gage, William) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 31 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 12/4/2020.] |
| Filing 30 CERTIFICATE OF SERVICE by Danny Burgoyne, Janet Burgoyne for Plaintiffs Designation and Disclosure of General and Case-Specific Expert Witnesses. (Kuntz, Jeffrey) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 29 NOTICE of Withdrawal of "Certificate of Service" of First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff, and "Certificate of Service" of First Set of Interrogatories to Plaintiff, Danny Burgoyne by Ethicon, Inc. re: #28 Certificate of Service, #27 Certificate of Service (Robinson, Susan) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 28 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories to Plaintiff, Danny Burgoyne. (Robinson, Susan) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 27 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (Robinson, Susan) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 26 PLAINTIFF FACT SHEET filed by Danny Burgoyne, Janet Burgoyne. (Kuntz, Jeffrey) [Transferred from West Virginia Southern on 12/4/2020.] |
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Filing 25
PRETRIAL ORDER # 337 (Docket Control Order - Ethicon, Inc. Wave 12 Cases) The court ORDERS that the cases on Exhibit A are: (1) removed from the pending inactive docket; and (2) placed on the active docket. The court further ORDERS that: (1) The cases are no longer eligible for return to the inactive docket nor may notices of settlement be filed to relieve the parties from scheduling deadlines; (2) To the extent other defendants, in addition to Ethicon, Inc. and Johnson & Johnson, are named in the cases on Exhibit A, the deadlines below also apply to them; (3) The Clerk will file this Docket Control Order in the main MDL and every case listed on Exhibit A become subject to the deadlines in this Docket Control Order; and (4) The following deadlines immediately apply in all Wave 12 cases with one important exception, as more fully set forth herein. Scheduling Deadlines. The following deadlines shall apply in all Ethicon Wave 12 cases: Plaintiff Fact Sheets due by 05/11/2019. Defendant Fact Sheets due by 05/20/2019. Deadline for written discovery requests due by 06/20/2019. Expert disclosures served by plaintiffs due by 08/19/2019. Expert disclosure served by defendants due by 09/18/2019. Expert disclosure served for rebuttal due by 09/25/2019. Deposition deadline and close of discovery due by 10/25/2019. Filing of dispositive motions due by 11/01/2019. Response to dispositive motions due by 11/15/2019. Reply to response to dispositive motions due by 11/22/2019. Filing of Daubert motions due by 11/04/2019. Responses to Daubert motions due by 11/18/2019. Reply to response to Daubert motions due by 11/25/2019. 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 on or before 9/20/2019, and any response is due by 10/3/2019. Any reply is due by 10/10/2019. Venue Recommendations. The parties shall meet and confer concerning the appropriate venue for each of the cases no later than 10/08/2019, the parties are ORDERED to file joint venue recommendations by 10/18/2019. The parties' joint recommendation(s) shall identify cases where venue is in dispute. Signed by Judge Joseph R. Goodwin on 5/1/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 12 cases identified on Exhibit A) (lca) (ADI) [Transferred from West Virginia Southern on 12/4/2020.]
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Filing 24
PRETRIAL ORDER # 337 (Docket Control Order - Ethicon, Inc. Wave 12 Cases) The court ORDERS that the cases on Exhibit A are: (1) removed from the pending inactive docket; and (2) placed on the active docket. The court further ORDERS that: (1) The cases are no longer eligible for return to the inactive docket nor may notices of settlement be filed to relieve the parties from scheduling deadlines; (2) To the extent other defendants, in addition to Ethicon, Inc. and Johnson & Johnson, are named in the cases on Exhibit A, the deadlines below also apply to them; (3) The Clerk will file this Docket Control Order in the main MDL and every case listed on Exhibit A become subject to the deadlines in this Docket Control Order; and (4) The following deadlines immediately apply in all Wave 12 cases with one important exception, as more fully set forth herein. Scheduling Deadlines. The following deadlines shall apply in all Ethicon Wave 12 cases: Plaintiff Fact Sheets due by 05/11/2019. Defendant Fact Sheets due by 05/20/2019. Deadline for written discovery requests due by 06/20/2019. Expert disclosures served by plaintiffs due by 08/19/2019. Expert disclosure served by defendants due by 09/18/2019. Expert disclosure served for rebuttal due by 09/25/2019. Deposition deadline and close of discovery due by 10/25/2019. Filing of dispositive motions due by 11/01/2019. Response to dispositive motions due by 11/15/2019. Reply to response to dispositive motions due by 11/22/2019. Filing of Daubert motions due by 11/04/2019. Responses to Daubert motions due by 11/18/2019. Reply to response to Daubert motions due by 11/25/2019. 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 on or before 9/20/2019, and any response is due by 10/3/2019. Any reply is due by 10/10/2019. Venue Recommendations. The parties shall meet and confer concerning the appropriate venue for each of the cases no later than 10/08/2019, the parties are ORDERED to file joint venue recommendations by 10/18/2019. The parties' joint recommendation(s) shall identify cases where venue is in dispute. Signed by Judge Joseph R. Goodwin on 5/1/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 12 cases identified on Exhibit A) (lca) (ADI) [Transferred from West Virginia Southern on 12/4/2020.]
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Filing 23
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) (ts) (ADI) [Transferred from West Virginia Southern on 12/4/2020.]
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Filing 22
ORDER The deadline to submit joint motions of dismissal is extended to 10/31/2018 for all cases in MDL 2327 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2327 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 8/15/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on inactive docket) (ts) (ADI) [Transferred from West Virginia Southern on 12/4/2020.]
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Filing 21
INACTIVE DOCKET ORDER: The court has been advised that the plaintiff(s) and Ethicon, Inc. have reached a settlement with regard to Ethicon. All discovery deadlines are continued until further order of the court. Plaintiff(s) and Ethicon may submit an agreed order of dismissal with prejudice on or before 8/31/2018; if settlements are not finalized and dismissal orders are not submitted by then the Court will have a hearing to determine the appropriate action pertaining to any remaining cases on the inactive docket. Counsel for plaintiffs and defendant(s) are directed to provide quarterly reports as to their progress in dismissing cases on the inactive docket. This Order is related to the Proposed Inactive Docket Order filed at ECF No. 5752 in MDL Case No. 2327 Ethicon. Signed by Judge Joseph R. Goodwin on 5/25/2018. (cc: counsel of record; any unrepresented party) (mek) (ADI) [Transferred from West Virginia Southern on 12/4/2020.]
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| Filing 20 PLAINTIFF PROFILE FORM filed by Janet Burgoyne. (Preuss, Thomas) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 19 PLAINTIFF FACT SHEET filed by Janet Burgoyne. (Preuss, Thomas) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 18 NOTICE of Filing Objections and Counter-Designations to Plaintiffs' Affirmative Case Specific Deposition Designations (Burgoyne) by Ethicon, Inc., Johnson & Johnson (Jones, Christy) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 17 NOTICE of Filing of Case Specific Affirmative Deposition Designations by Ethicon, Inc., Johnson & Johnson (Jones, Christy) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 16 NOTICE OF VIDEO DEPOSITION by Danny Burgoyne, Janet Burgoyne of Robert E. Shapiro, M.D. on April 5, 2016 at 1:30 p.m. (Attachment: #1 Exhibit A)(Kuntz, Jeffrey) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 15 NOTICE OF VIDEO DEPOSITION by Danny Burgoyne, Janet Burgoyne of Eddie H. Size, M.D. on April 5, 2016 at 9:00 a.m. (Attachment: #1 Exhibit A)(Kuntz, Jeffrey) [Transferred from West Virginia Southern on 12/4/2020.] |
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Filing 14
PRETRIAL ORDER # 194 (First Amended Order Consolidating Cases for Trial on Issue of Design Defect) It is ORDERED that while all substantive provisions of PTO # 184 remain in effect: the Unopposed Motion to Amend Pre-Trial Order 184 filed in the lead consolidated case is GRANTED; and plaintiff Lisa Russell is added to the consolidated action and plaintiff Rebecca Schepleng is dropped. The Clerk is DIRECTED to: (1) File a copy of the Amended Short Form Complaint filed by Ms. Russell in her individual case, which is attached to plaintiffs' motion in the consolidated action; and (2) Remove the Amended Short Form Complaint filed by Ms. Shepleng in the consolidated case and file it in Ms. Shepleng's individual case 2:14-cv-16061. Signed by Judge Joseph R. Goodwin on 8/25/2015. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: MDL 2327, Cases Referenced herein including Ms. Russell's case (2:13-cv-26652)) (ts) [Transferred from West Virginia Southern on 12/4/2020.]
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| NOTICE OF DOCKET CORRECTION re: #13 Notice of Attorney Appearance and Counsel Contact Information Form by Jeffrey M. Kuntz on behalf of Danny Burgoyne, Janet Burgoyne. ERROR: Image is a duplicate of the image filed to entry #11. CORRECTION: Duplicate image removed. (skh) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 13 INCORRECT ENTRY; SEE ENTRY #11. (Modified on 8/14/2015 to remove image as a duplicate of the image filed at entry #11) (skh). [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 12 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Thomas P. Cartmell on behalf of Danny Burgoyne, Janet Burgoyne. (Cartmell, Thomas) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jeffrey M. Kuntz on behalf of Danny Burgoyne, Janet Burgoyne. (Kuntz, Jeffrey) [Transferred from West Virginia Southern on 12/4/2020.] |
| THIS CASE HAS BEEN CONSOLIDATED WITH CASE NUMBER 2:12-cv-02952. ALL FURTHER ENTRIES SHALL BE DOCKETED THEREIN. (ts) [Transferred from West Virginia Southern on 12/4/2020.] |
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Filing 10
PRETRIAL ORDER # 185 (Briefing Order re: Pending Motions for Clarification on Consolidated TVT Cases) Pending in case number 2:12-cv-9311 are (1) Defendants' Objection to PTO # 182 and Motion to Clarify, filed 6/24/2015 (Docket 30); and (2) Plaintiffs' Motion for Clarification Regarding Pretrial Order No. 182, filed 6/26/2015 (Docket 33). The Clerk is DIRECTED to file these two motions in the lead case consolidated by PTO # 184, Mullins, et al. v. Ethicon, Inc., et al., 2:12-cv-02952. In the motions cited above, the parties raise issues, some of which must be addressed before they embark on discovery, and others which are deserving of clarification in order to ensure a smooth and efficient discovery period, motions practice and, ultimately, trial. Accordingly, it is ORDERED that plaintiffs and defendants may respond simultaneously to these motions on or before 7/08/2015 by 5:00 p.m. While the parties may address any of the issues raised by the opposing parties in their responses, the court is specifically interested in responses to the following: (1) Does Section 402A, comment k of the Restatement (Second) of Torts apply in West Virginia? and (2) If so, how? Signed by Judge Joseph R. Goodwin on 7/1/2015. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: MDL 2327; 2:12-cv-02952 (Mullins); 2:12-cv-07924 (Sprout); 2:12-cv-09765 (Iquinto); 2:13-cv-02565 (Daniel); 2:13-cv-02919 (Dillon); 2:13-cv-04517 (Webb); 2:13-cv-04730 (Martinez); 2:13-cv-07283 (McIntyre); 2:13-cv-10150 (Oxley); 2:13-cv-11022 (Atkins); 2:13-cv-14355 (Garcia); 2:13-cv-14718 (Lowe); 2:13-cv-14799 (Dameron); 2:13-cv-16183 (Vanbuskirk); 2:13-cv-16564 (Mullens); 2:13-cv-17012 (Shears); 2:13-cv-18479 (Javins); 2:13-cv-22606 (Barr); 2:13-cv-24393 (Lambert); 2:13-cv-29260 (Cook); 2:13-cv-29918 (Stevens); 2:13-cv-31818 (Harmon); 2:13-cv-31881 (Snodgrass); 2:13-cv-32627 (Miller); 2:14-cv-09195 (Matney); 2:14-cv-09517 (Jones); 2:14-cv-10640 (Humbert); 2:14-cv-12756 (Gillum); 2:14-cv-13023 (Whisner); 2:14-cv-14664 (Tomblin); 2:14-cv-16061 (Schepleng); 2:14-cv-19110 (Tyler); 2:14-cv-22079 (Kelly); 2:14-cv-24911 (Lundell); 2:14-cv-24999 (Cheshire); 2:14-cv-28620 (Burgoyne); 2:14-cv-29624 (Bennett)) (ts) [Transferred from West Virginia Southern on 12/4/2020.]
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Filing 9
PRETRIAL ORDER # 184 (Order Consolidating Cases for Trial on Issue of Design Defect) Pursuant to Federal Rule of Civil Procedure 42, the actions referenced herein are consolidated for trial on the defective design element of the plaintiffs' negligent design and strict liability design defect claims. It is ORDERED that Civil Action No. 2:12-cv-02952 is designated as the lead case, and all further filings shall be captioned and docketed therein. The trial is SCHEDULED for 12/07/2015 at 8:30 a.m. with jury selection on 12/04/2015 at 8:30 a.m. Signed by Judge Joseph R. Goodwin on 6/30/2015. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: MDL 2327; 2:12-cv-02952 (Mullins); 2:12-cv-07924 (Sprout); 2:12-cv-09765 (Iquinto); 2:13-cv-02565 (Daniel); 2:13-cv-02919 (Dillon); 2:13-cv-04517 (Webb); 2:13-cv-04730 (Martinez); 2:13-cv-07283 (McIntyre); 2:13-cv-10150 (Oxley); 2:13-cv-11022 (Atkins); 2:13-cv-14355 (Garcia); 2:13-cv-14718 (Lowe); 2:13-cv-14799 (Dameron); 2:13-cv-16183 (Vanbuskirk); 2:13-cv-16564 (Mullens); 2:13-cv-17012 (Shears); 2:13-cv-18479 (Javins); 2:13-cv-22606 (Barr); 2:13-cv-24393 (Lambert); 2:13-cv-29260 (Cook); 2:13-cv-29918 (Stevens); 2:13-cv-31818 (Harmon); 2:13-cv-31881 (Snodgrass); 2:13-cv-32627 (Miller); 2:14-cv-09195 (Matney); 2:14-cv-09517 (Jones); 2:14-cv-10640 (Humbert); 2:14-cv-12756 (Gillum); 2:14-cv-13023 (Whisner); 2:14-cv-14664 (Tomblin); 2:14-cv-16061 (Schepleng); 2:14-cv-19110 (Tyler); 2:14-cv-22079 (Kelly); 2:14-cv-24911 (Lundell); 2:14-cv-24999 (Cheshire); 2:14-cv-28620 (Burgoyne); 2:14-cv-29624 (Bennett)) (ts) [Transferred from West Virginia Southern on 12/4/2020.]
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Filing 8
ORDER granting #7 MOTION by Tony W. Edwards and The Edwards Law Firm to Withdraw as Counsel of Record for Plaintiffs Janet Burgoyne, Danny Burgoyne. Signed by Judge Joseph R. Goodwin on 6/25/2015. (cc: attys; any unrepresented party) (ts) [Transferred from West Virginia Southern on 12/4/2020.]
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| Filing 7 MOTION by Tony W. Edwards and The Edwards Law Firm to Withdraw as Counsel of Record for Plaintiffs Janet Burgoyne, Danny Burgoyne (Edwards, Tony) (Modified on 6/23/2015 to add party filer) (skh). [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Gregory Neil McEwen on behalf of Janet Burgoyne. (McEwen, Gregory) [Transferred from West Virginia Southern on 12/4/2020.] |
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Filing 5
ORDER granting JOINT MOTION filed in MDL 2325 by the Edwards Law Firm for Substitution of Tony Edwards as Counsel and Withdraw of Counsel Jackqualyn Quinton and Mark Thetford; the Clerk is directed to substitute Tony Edwards as counsel for the plaintiffs in every case in which Jackqualyn R. Quinton and Mark S. Thetford appear and terminate Jackqualyn R. Quinton and Mark S. Thetford. Signed by Judge Joseph R. Goodwin on 4/15/2015. (cc: attys; any unrepresented party) (klc) [Transferred from West Virginia Southern on 12/4/2020.]
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| Filing 4 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 12/4/2020.] |
| Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson. (Thomas, David) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 157 (Final Order Regarding Severance of Actions) entered on 11/19/2014 in MDL 2327 to attorneys in member case. (kw) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-3536956. (Attachment: #1 Civil Cover Sheet) (mlh) [Transferred from West Virginia Southern on 12/4/2020.] |
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