Hershberger et al v. Ethicon Endo-Surgery, Inc.
| Sandra Hershberger and David Mitchell |
| Ethicon Endo-Surgery, Inc. |
| 2:2010cv00837 |
| June 17, 2010 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| Kanawha |
| Personal Injury- Product Liability |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
358
MEMORANDUM OPINION AND ORDER granting plaintiffs' 292 MOTION to File a Motion in Limine to Exclude the Testimony of Dr. Jeffrey Brandon; granting plaintiffs' 296 MOTION to File Amended Responses to Ethicon's Motions in Limine; and granting Ethicon Endo-Surgery, Inc.'s 338 MOTION to Strike the Newly-Disclosed Opinions of Dr. Younis. Signed by Judge Thomas E. Johnston on 5/7/2012. (cc: attys; any unrepresented party) (cbo)
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Filing
350
MEMORANDUM OPINION AND ORDER granting in part and denying in part defendants' 181 MOTION in Limine to exclude other events and occurrences involving Ethicon staplers; denying defendants' 183 MOTION in Limine to exclude evidence relating to MedWatch reporting forms, though the issue will likely be revisited at trial; and granting defendants' 179 MOTION in Limine to exclude evidence of its late discovery disclosures. Signed by Judge Thomas E. Johnston on 3/30/2012. (cc: attys; any unrepresented party) (taq)
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Filing
341
MEMORANDUM OPINION AND ORDER granting 125 Non-party Motion to Quash Trial Subpoena; granting 248 Non-party Motion for Entry of Order Quashing Subpoena; granting plaintiffs' 129 MOTION to Take Judicial Notice of Exchange Rate; granti ng defendants' 135 MOTION to Strike Errata Sheet, except as to fees and costs; denying plaintiffs' 143 MOTION in Limine re: General Motions; granting in part and denying in part plaintiffs' 145 MOTION in Limine re: Stapl er Safety Information; granting in part and denying in part plaintiffs' 147 MOTION in Limine re: Cindy Hutchings' Statements; denying plaintiffs' 151 MOTION in Limine re: Second Stapler Firing; denying plaintiffs' [1 53] MOTION in Limine re: Allegations of Fault; denying defendants' 155 MOTION in Limine re: Error on Production Line Evidence; granting defendants' 157 MOTION in Limine re: Xenophobic Statements; granting in part and denyi ng in part defendants' 159 MOTION in Limine re: Punitive Damages; granting defendants' 162 MOTION in Limine re: Lost Wages and Earning Capacity; denying defendants' 164 MOTION in Limine re: Medical Expenses; denying defendants' 167 MOTION in Limine re: Infection Causation; denying defendants' 177 MOTION in Limine re: Peter McNally Statements. Signed by Judge Thomas E. Johnston on 3/29/2012. (cc: attys; any unrepresented party) (taq)
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Filing
334
MEMORANDUM OPINION AND ORDER denying in their entirety the 166 , 170 , and 175 MOTIONS in Limine as to Drs. Ellis, Maxwell, and Sullivan; granting in part and denying in part the 173 MOTION in Limine as to Dr. David; granting the oral motion to withdraw the 293 MOTION to Exclude the Testimony of Dr. Jeffrey Brandon; and directing the Clerk to terminate the motion in limine as to Dr. Brandon. Signed by Judge Thomas E. Johnston on 2/15/2012. (cc: attys; any unrepresented party) (cbo)
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Filing
289
MEMORANDUM OPINION AND ORDER directing that the Court awards the plaintiffs reasonable attorney's fees in the amount of $48,000 (120 hours x $400) and costs in the amount of $5,350.36, for a total of $53,350.36, to be paid by Ethicon Endo-Surgery to the Masters Law Firm no later than 10/28/2011. Signed by Magistrate Judge Mary E. Stanley on 10/4/2011. (cc: attys) (cbo)
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Filing
288
AMENDED MEMORANDUM OPINION, ORDER AND RECOMMENDATIONS granting plaintiffs' 131 MOTION for Sanctions; recommending that the presiding District Judge admit into evidence testimony and exhibits concerning other similar incidents in which users of the staplers complained that the staplers cut tissue but did not staple it, and deny the defendants' 181 MOTION in Limine No. 10; further recommending that the presiding District Judge admit into evidence testimony and exhibits concerning the defendants' conduct during discovery with respect to other similar incidents; directing that, within one week of the entry of this Memorandum Opinion, Order and Recommendations, the defendants shall file an affidavit by a person with extensive knowledge of the Siebel database and its metadata (not Kristi Geier), setting forth the following information regarding searches of the Siebel database concerning staplers, using the VOC code "would not staple," between 2/6/2009 and 6/3/201 1, and as more fully set forth herein; that within two weeks of entry of this Memorandum Opinion, Order and Recommendations, counsel for the plaintiffs will file an affidavit of his reasonable attorney's fees and costs associated with the Motion for Sanctions, the filing of discovery requests for other similar incidents after Request No. 16, and Mr. Gabaldon's two depositions, with sufficient detail that the Court will be able to assess whether the time spent and the expenses incurred were appropriate for the task specified; defendants to file their response to the affidavit within two weeks after the affidavit is filed; plaintiffs' attorney may file a reply within one week after the response is filed; finding that there is i nsufficient evidence that Ms. Geier violated Rule 33 or that defense counsel violated Rule 26(g) or Rule 33 with respect to Peter McNally; this judicial officer is referred discovery disputes only and declines to address the plaintiffs' other cl aims herein; and declines to proceed under either § 1927 or the inherent authority of the court, having determined that Rule 26(g) adequately addresses these matters; and as directed and set forth more fully herein. Signed by Magistrate Judge Mary E. Stanley on 9/23/2011. (cc: attys) (tmh)
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Filing
271
MEMORANDUM OPINION AND SUMMARY JUDGMENT ORDER denying Defendant Ethicon Endo-Surgery's 123 MOTION for Summary Judgment. Signed by Judge Thomas E. Johnston on 8/24/2011. (cc: attys; any unrepresented party) (mkw)
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Filing
264
MEMORANDUM OPINION, ORDER AND RECOMMENDATIONS granting plaintiffs' 131 MOTION for Sanctions; recommending that the presiding District Judge admit into evidence testimony and exhibits concerning other similar incidents in which users of the staplers complained that the staplers cut tissue but did not staple it, and deny the defendants' 181 Motion in Limine No. 10; further recommending that the presiding District Judge admit into evidence testimony and exhibits concerning th e defendants' conduct during discovery with respect to other similar incidents; directing that, within one week of the entry of this Memorandum Opinion, Order and Recommendations, the defendants shall file an affidavit by a person with extens ive knowledge of the Siebel database and its metadata (not Kristi Geier), setting forth the following information regarding searches of the Siebel database concerning staplers, using the VOC code "would not staple," between 2/6/2009 and 6 /3/2011, and as more fully set forth herein; that within two weeks of entry of this Memorandum Opinion, Order and Recommendations, counsel for the plaintiffs will file an affidavit of his reasonable attorney's fees and costs associated with the Motion for Sanctions, the filing of discovery requests for other similar incidents after Request No. 16, and Mr. Gabaldon's two depositions, with sufficient detail that the Court will be able to assess whether the time spent and the expe nses incurred were appropriate for the task specified; defendants to file their response to the affidavit within two weeks after the affidavit is filed; plaintiffs' attorney may file a reply within one week after the response is filed; finding that there is insufficient evidence that Ms. Geier violated Rule 33 or that defense counsel violated Rule 26(g) or Rule 33 with respect to Peter McNally; this judicial officer is referred discovery disputes only and declines to address The Plaint iffs' Other Claims herein; and declines to proceed under either § 1927 or the inherent authority of the court, having determined that Rule 26(g) adequately addresses these matters; and as directed and set forth more fully herein. Signed by Magistrate Judge Mary E. Stanley on 8/12/2011. (cc: attys) (taq)
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