Sweeney et al v. Ethicon, Inc. et al
| Mary Lee Sweeney and Melvin Sweeney |
| Ethicon, Inc. and Johnson & Johnson |
| 2:2012cv00807 |
| March 22, 2012 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| XX US, Outside State |
| Joseph R. Goodwin |
| Personal Injury- Product Liability |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
61
MEMORANDUM OPINION AND ORDER (Daubert Motion re: Shelby Thames, Ph.D.) The court DENIES in part, GRANTS in part, and RESERVES in part the Motion filed in MDL 2327 by Certain Plaintiffs in Wave 1 Cases to Exclude the Opinions and Testimony of Shelby Thames, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 9/2/2016. (cc: attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit) (kll)
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Filing
58
MEMORANDUM OPINION AND ORDER The 34 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Sanctions Against Plaintiffs Mary Lee and Melvin Sweeney Pursuant to Pretrial Order 17 is DENIED in part with respect to dismissing the plaintiff 's case for failing to timely submit the PFS and GRANTED in part with respect to appropriate monetary sanctions and providing additional time to depose the plaintiff; the plaintiff has until 4/5/2016 to submit to Ethicon a complete PFS that i ncludes responses to the four remaining questions. Regarding Ethicon's request for additional time to depose the plaintiff, the request is GRANTED; the plaintiff has until 5/06/2016 to pay BSC $1000 as minimal partial compensation for the reasonable expenses caused by the plaintiffs' failure to comply with discovery; in the event that the plaintiff does not provide adequate or timely payment, the court will consider ordering a show-cause hearing in Charleston, West Virginia, upon motion by the defendants. Signed by Judge Joseph R. Goodwin on 4/1/2016. (cc: counsel of record; any unrepresented party) (ts)
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