Pizzitola v. Ethicon, Inc. et al
| Tammy Pizzitola |
| Ethicon, Inc., Ethicon, LLC, C. R. Bard, Inc. and Johnson & Johnson |
| 2:2013cv00249 |
| January 7, 2013 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| XX US, Outside State |
| Joseph R Goodwin |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 124 CONFIRMATION from Southern District of Texas that the case has been opened in that district as 4:20-cv-02256, filed 6/26/2020. (maw) |
| Filing 123 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Gage, William) (Modified on 6/22/2020 to add party filers) (mk). |
Filing 122
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 06/22/2020 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 6/21/2020 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 6/8/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (maw)
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Filing 121
ORDER The #76 MOTION by Tammy Pizzitola to Strike Defendants' Non-Retained Experts in Violation of the Court's Pretrial Order #46, and the #89 MOTION by Tammy Pizzitola to Strike Defendant C.R. Bard, Inc.'s Non-Retained Experts in Violation of the Court's Pretrial Order #346 are GRANTED in part to the extent plaintiff seeks an order striking the experts identified by Bard and Ethicon in excess of five each and are otherwise DENIED. Signed by Judge Joseph R. Goodwin on 6/8/2020. (cc: counsel of record; any unrepresented party) (st)
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| Filing 120 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Katie A. Fillmore updating name and/or firm information on behalf of Ethicon, Inc., Johnson & Johnson. (Fillmore, Katie) |
| Filing 119 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Christopher Cowan updating name and/or firm information on behalf of Ethicon, Inc., Johnson & Johnson. (Cowan, Christopher) |
| Filing 118 REPLY by Ethicon, Inc., Johnson & Johnson to #112 Response In Opposition. (Gage, William) (Modified on 2/3/2020 to remove link to #98 motion) (mk). |
| Filing 117 REPLY by Ethicon, Inc., Johnson & Johnson to #111 Response In Opposition. (Gage, William) |
| Filing 116 REPLY by C. R. Bard, Inc. to #110 Response In Opposition. (Segura, Mildred) |
| Filing 115 REPLY by C. R. Bard, Inc. to #113 Response In Opposition. (Segura, Mildred) |
| Filing 114 OPPOSITION by Ethicon, Inc., Johnson & Johnson to #103 MOTION by Tammy Pizzitola to Exclude the Testimony of C. Bryce Bowling, M.D. (Gage, William) |
| Filing 113 RESPONSE by Tammy Pizzitola in opposition to #105 MOTION by C. R. Bard, Inc. to Limit or Exclude Certain Opinions and Testimony of Bruce Rosenzweig, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Baughman, Laura) (Modified on 1/29/2020 to remove link to #98 motion and add link to #105 motion)(mk). |
| Filing 112 RESPONSE by Tammy Pizzitola in opposition to #98 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Case Specific Testimony and Opinions of Bruce Rosenzweig, M.D. and Supporting Memorandum. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Baughman, Laura) |
| Filing 111 RESPONSE by Tammy Pizzitola in opposition to #101 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment on All Claims (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit R, #21 Exhibit S, #22 Exhibit T)(Baughman, Laura) |
| Filing 110 RESPONSE by Tammy Pizzitola in opposition to #107 MOTION by C. R. Bard, Inc. for Summary JudgmentMOTION for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Baughman, Laura) |
| Filing 109 NOTICE OF ATTORNEY APPEARANCE by Sheila M. Bossier on behalf of Tammy Pizzitola. (Bossier, Sheila) |
| Filing 108 MEMORANDUM OF LAW by C. R. Bard, Inc. in support of #107 MOTION by C. R. Bard, Inc. for Summary Judgment or, in the Alternative, Partial Summary Judgment (Segura, Mildred) |
| Filing 107 MOTION by C. R. Bard, Inc. for Summary Judgment or, in the Alternative, Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Segura, Mildred) (Modified on 1/13/2020 to add event motion for partial summary judgment(mk). |
| Filing 106 MEMORANDUM OF LAW by C. R. Bard, Inc. in support of #105 MOTION by C. R. Bard, Inc. to Limit or Exclude Certain Opinions and Testimony of Bruce Rosenzweig, M.D. (Segura, Mildred) |
| Filing 105 MOTION by C. R. Bard, Inc. to Limit or Exclude Certain Opinions and Testimony of Bruce Rosenzweig, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Segura, Mildred) |
| Filing 104 MEMORANDUM by Tammy Pizzitola in support of #103 MOTION by Tammy Pizzitola to Exclude the Testimony of C. Bryce Bowling. (Baughman, Laura) |
| Filing 103 MOTION by Tammy Pizzitola to Exclude the Testimony of C. Bryce Bowling. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Baughman, Laura) |
| Filing 102 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #101 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment on All Claims (Gage, William) |
| Filing 101 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment on All Claims (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Gage, William) |
| Filing 100 REPLY by Tammy Pizzitola to #99 Brief In Opposition,. (Baughman, Laura) |
| Filing 99 OPPOSITION by C. R. Bard, Inc. to #89 MOTION by Tammy Pizzitola to Strike Defendant C.R. Bard, Inc.'s Non-Retained Experts in Violation of the Court's Pretrial Order #346 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Segura, Mildred) |
| Filing 98 MOTION by Ethicon, Inc., Johnson & Johnson and Memorandum to Exclude Case Specific Testimony and Opinions of Bruce Rosenzweig, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Gage, William) |
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Filing 97
ORDER denying as moot the #81 , #82 , #84 , #94 and #95 Motions. Signed by Magistrate Judge Cheryl A. Eifert on 12/20/2019. (cc: counsel of record; any unrepresented party) (kew)
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| Filing 96 NOTICE of Withdrawal of Motions to Quash and for Protective Order and Motions to Compel Documents by Tammy Pizzitola re: #84 MOTION by Tammy Pizzitola to Quash Subpoena and MOTION by Tammy Pizzitola for Protective Order, #82 FIRST AMENDED MOTION by Tammy Pizzitola for Protective Order and FIRST AMENDED MOTION by Tammy Pizzitola to Quash Subpoena, #94 MOTION by Tammy Pizzitola to Compel Defendants' Expert Chadwick Bryce Bowling, M.D. to Produce Certain Documents, #81 MOTION by Tammy Pizzitola to Quash Subpoena and MOTION by Tammy Pizzitola for Protective Order, #95 MOTION by Tammy Pizzitola to Compel Defendants' Expert Shelby Thames, Ph.D. to Produce Certain Documents (Baughman, Laura) |
| MOTIONS REFERRED to Magistrate Judge Cheryl A. Eifert: #94 MOTION by Tammy Pizzitola to Compel Defendants' Expert Chadwick Bryce Bowling, M.D. to Produce Certain Documents and #95 MOTION by Tammy Pizzitola to Compel Defendants' Expert Shelby Thames, Ph.D. to Produce Certain Documents. (kew) |
| Filing 95 MOTION by Tammy Pizzitola to Compel Defendants' Expert Shelby Thames, Ph.D. to Produce Certain Documents (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Baughman, Laura) |
| Filing 94 MOTION by Tammy Pizzitola to Compel Defendants' Expert Chadwick Bryce Bowling, M.D. to Produce Certain Documents (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Baughman, Laura) |
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Filing 93
ORDER granting #91 JOINT MOTION by Tammy Pizzitola, C. R. Bard, Inc. for Modification of Scheduling Deadlines for Dispositive and Daubert Motions re: #48 Order. Signed by Judge Joseph R. Goodwin on 12/12/2019. (cc: counsel of record; any unrepresented party) (st)
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| Filing 92 RESPONSE by Ethicon, Inc., Johnson & Johnson to #84 MOTION by Tammy Pizzitola to Quash Subpoena and MOTION by Tammy Pizzitola for Protective Order (Gage, William) |
| Filing 91 JOINT MOTION by Tammy Pizzitola, C. R. Bard, Inc. for Modification of Scheduling Deadlines for Dispositive and Daubert Motions re: #48 Order (Attachment: #1 Proposed Order)(Baughman, Laura) (modified on 12/9/2019 to add party filer) |
| Filing 90 MEMORANDUM by Tammy Pizzitola in support of #89 MOTION by Tammy Pizzitola to Strike Defendant C.R. Bard, Inc.'s Non-Retained Experts in Violation of the Court's Pretrial Order #346 (Baughman, Laura) |
| Filing 89 MOTION by Tammy Pizzitola to Strike Defendant C.R. Bard, Inc.'s Non-Retained Experts in Violation of the Court's Pretrial Order #346 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Baughman, Laura) |
| Filing 88 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Friends and Family on TBD at TBD (Cowan, Christopher) |
| Filing 87 REPLY by Tammy Pizzitola to #86 Memorandum In Opposition. (Baughman, Laura) |
| Filing 86 OPPOSITION by Ethicon, Inc., Johnson & Johnson to #76 MOTION by Tammy Pizzitola to Strike Defendants' Non-Retained Experts in Violation of the Court's Pretrial Order #46 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Gage, William) |
| Filing 85 RESPONSE by Ethicon, Inc., Johnson & Johnson in opposition to #81 MOTION by Tammy Pizzitola to Quash Subpoena and MOTION by Tammy Pizzitola for Protective Order (Gage, William) |
| MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: #84 MOTION by Tammy Pizzitola to Quash Subpoena and MOTION by Tammy Pizzitola for Protective Order. (kew) |
| Filing 84 MOTION by Tammy Pizzitola to Quash Subpoena and MOTION by Tammy Pizzitola for Protective Order (Attachments: #1 Exhibit A, #2 Exhibit B)(Baughman, Laura) |
| Filing 83 OBJECTIONS AND RESPONSES by Tammy Pizzitola to #78 NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Bruce A. Rosenzweig on December 4, 2019 at 12:00 p.m. (Baughman, Laura) |
| MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: #82 FIRST AMENDED MOTION by Tammy Pizzitola to Quash Subpoena and MOTION for Protective Order. (ts) |
| Filing 82 FIRST AMENDED MOTION by Tammy Pizzitola to Quash Subpoena and MOTION for Protective Order. (Attachments: #1 Exhibit A, #2 Exhibit B)(Baughman, Laura) (Modified on 11/17/2019 to add motion event)(mk). |
| MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: #81 MOTION by Tammy Pizzitola to Quash Subpoena and for Protective Order. (kew) |
| Filing 81 MOTION by Tammy Pizzitola to Quash Subpoena and MOTION by Tammy Pizzitola for Protective Order (Attachments: #1 Exhibit A, #2 Exhibit B)(Baughman, Laura) |
| Filing 80 OBJECTIONS AND RESPONSES by Tammy Pizzitola to #73 AMENDED NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Robert Tremp, Jr. on November 18, 2019 at 3:00 p.m. (Baughman, Laura) |
| Filing 79 NOTICE of Filing Subpoena to Dr. Bruce Rosenzweig by Ethicon, Inc., Johnson & Johnson re: #78 NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Bruce A. Rosenzweig on December 4, 2019 at 12:00 p.m. (Cowan, Christopher) |
| Filing 78 NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Bruce A. Rosenzweig on December 4, 2019 at 12:00 p.m. (Cowan, Christopher) |
| Filing 77 MEMORANDUM by Tammy Pizzitola in support of #76 MOTION by Tammy Pizzitola to Strike Defendants' Non-Retained Experts in Violation of the Court's Pretrial Order #46 (Baughman, Laura) |
| Filing 76 MOTION by Tammy Pizzitola to Strike Defendants' Non-Retained Experts in Violation of the Court's Pretrial Order #46 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D1, #5 Exhibit D2, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Baughman, Laura) |
| Filing 75 CERTIFICATE OF SERVICE by Tammy Pizzitola for First Amended Designation and Disclosure of Expert Witnesses. (Baughman, Laura) |
| Filing 74 NOTICE of Filing Amended Subpoena to Robert Tremp, Jr. by Ethicon, Inc., Johnson & Johnson re: #73 AMENDED NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Robert Tremp, Jr. on November 18, 2019 at 3:00 p.m. (Cowan, Christopher) |
| Filing 73 AMENDED NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Robert Tremp, Jr. on November 18, 2019 at 3:00 p.m. (Cowan, Christopher) |
| Filing 72 NOTICE of Filing Subpoena to Robert Tremp, Jr. by Ethicon, Inc., Johnson & Johnson re: #71 NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Robert Tremp, Jr. on November 17, 2019 at 3:00 p.m. (Cowan, Christopher) |
| Filing 71 NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Robert Tremp, Jr. on November 17, 2019 at 3:00 p.m. (Cowan, Christopher) |
| Filing 70 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) |
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Filing 69
ORDER The #56 MOTION by Tammy Pizzitola for Modification re: #48 Order is GRANTED in part to the extent plaintiff may identify only two (2) additional experts, and is otherwise DENIED; the #65 MOTION by C. R. Bard, Inc. to Strike Plaintiff's Designation and Disclosure of Expert Witnesses is DENIED; the plaintiff is directed to choose two (2) of the three (3) additional experts she identified and serve amended expert disclosures by 11/12/2019; the #57 Pretrial Order # 346 is amended as follows for the remaining scheduling deadlines in this case: Expert disclosure served for rebuttal due by 11/26/2019. Deposition deadline and close of discovery 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. Signed by Judge Joseph R. Goodwin on 11/8/2019. (cc: counsel of record; any unrepresented party) (kew)
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| Filing 68 REPLY by C. R. Bard, Inc. to #67 Response In Opposition. (Segura, Mildred) |
| Filing 67 RESPONSE by Tammy Pizzitola in opposition to #65 MOTION by C. R. Bard, Inc. to Strike Plaintiff's Designation and Disclosure of Expert Witnesses (Baughman, Laura) |
| Filing 66 MEMORANDUM OF LAW by C. R. Bard, Inc. in support of #65 MOTION by C. R. Bard, Inc. to Strike Plaintiff's Designation and Disclosure of Expert Witnesses (Kirby, Daniel) |
| Filing 65 MOTION by C. R. Bard, Inc. to Strike Plaintiff's Designation and Disclosure of Expert Witnesses (Attachments: #1 Exhibit A, #2 Exhibit B)(Kirby, Daniel) |
| Filing 64 CERTIFICATE OF SERVICE by Tammy Pizzitola for Designation and Disclosure of Expert Witnesses. (Baughman, Laura) |
| Filing 63 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Peter M. Lotze on October 29, 2019 at 4:30 p.m. (Attachments: #1 Exhibit)(Cowan, Christopher) |
| Filing 62 NOTICE of Filing Amended Subpoena to Dr. David Kent by Ethicon, Inc., Johnson & Johnson re: #61 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. David Kent on 10/8/2019 at 1:00 p.m. (Cowan, Christopher) |
| Filing 61 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. David Kent on 10/8/2019 at 1:00 p.m. (Cowan, Christopher) |
| Filing 60 RESPONSE by Ethicon, Inc., Johnson & Johnson re: #56 MOTION by Tammy Pizzitola for Modification of Scheduling Order [doc 48] Concerning Limitation on Expert Witnesses (Gage, William) (Modified on 9/25/2019 to remove terminated party filer and to remove event response in opposition) (mk). |
| Filing 59 BRIEF by C. R. Bard, Inc. in opposition to #56 MOTION by Tammy Pizzitola for Modification of Scheduling Order [doc 48] Concerning Limitation on Expert Witnesses (Kirby, Daniel) (Modified on 9/25/2019 to remove link to #48 order)(mk). |
| Filing 58 NOTICE of Filing Subpoena to Dr. David Kent by Ethicon, Inc., Johnson & Johnson re: #55 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. David Kent on 10/8/2019 at 1:00 p.m. (Cowan, Christopher) |
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Filing 57
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) (st)
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| Filing 56 MOTION by Tammy Pizzitola for Modification of Scheduling Order #48 Concerning Limitation on Expert Witnesses re: #48 Order (Baughman, Laura) |
| Filing 55 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. David Kent on 10/8/2019 at 1:00 p.m. (Cowan, Christopher) |
| Filing 54 OBJECTIONS AND RESPONSES by Tammy Pizzitolato to #30 2ND AMENDED NOTICE OF DEPOSITION by C. R. Bard, Inc. of Tammy Pizzitola on July 31, 2019 at 10:00 AM CDT. (Baughman, Laura) |
| Filing 53 OBJECTIONS AND RESPONSES by Tammy Pizzitola to #49 NOTICE OF VIDEOTAPED DEPOSITION by Ethicon, Inc., Johnson & Johnson of Tammy Pizzitola on July 31, 2019 at 9:00 a.m. (Baughman, Laura) |
| Filing 52 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Objections and Responses to Plaintiff's First Set of Interrogatories, Requests for Production, and Requests for Admissions. (Cowan, Christopher) |
| Filing 51 CERTIFICATE OF SERVICE by Tammy Pizzitola for Objections and Responses to Ethicon, Inc.'s First Set of Interrogatories, Requests for Admissions, and Requests for Production. (Baughman, Laura) Modified on 7/22/2019 (klc). |
| Filing 50 CERTIFICATE OF SERVICE by Tammy Pizzitola for Objections and Responses to C. R. Bard, Inc.'s First Set of Interrogatories, Requests for Admissions, and Requests for Production. (Baughman, Laura) |
| Filing 49 NOTICE OF VIDEOTAPED DEPOSITION by Ethicon, Inc., Johnson & Johnson of Tammy Pizzitola on July 31, 2019 at 9:00 a.m. (Attachments: #1 Exh A - Deposition Notice)(Fillmore, Katie) |
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Filing 48
ORDER granting #46 JOINT MOTION by Ethicon, Inc., Johnson & Johnson, Tammy Pizzitola for Relief from Dismissal Order re: #29 Order; the #29 Order entered on 06/05/2019 is VACATED and the Ethicon defendants are reinstated to the active docket; the #39 MOTION by Tammy Pizzitola to Extend Witness Designation Deadline and For Modification of the Deadlines Contained in Pretrial Order #337 is GRANTED in part pursuant to Rule 16(b) of the Federal Rules of Civil Procedure for good cause shown and DENIED in part; plaintiffs Motion is GRANTED insofar as she requests an extension to the scheduling deadlines, but is otherwise DENIED; the court ORDERS as follows: SCHEDULING DEADLINES. Plaintiff Fact Sheets due by 07/18/2019. Defendant Fact Sheets due by 07/25/2019. 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, closed or inactive flags from this case and place the Ethicon Wave 13 flag. Signed by Judge Joseph R. Goodwin on 7/15/2019. (cc: attys; any unrepresented party) (kew)
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| Filing 47 BRIEF by C. R. Bard, Inc. in opposition to #39 MOTION by Tammy Pizzitola to Extend Witness Designation Deadline and For Modification of the Deadlines Contained in Pretrial Order #337 (Segura, Mildred) |
| Filing 46 JOINT MOTION by Ethicon, Inc., Johnson & Johnson, Tammy Pizzitola for Relief from Dismissal Order re: #29 Order (Gage, William) (Modified on 7/10/2019 to add party filer) (mk). |
| NOTICE OF DOCKET CORRECTION re: #41 Notice of Attorney Appearance for Christopher Cowan/Katie A. Fillmore. ERROR: Image filed using incorrect attorney filing information. CORRECTION: Image refiled at ECF No. 42 with proper attorney credentials. (ts) |
| Filing 45 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Laura J. Baughman updating name and/or firm information on behalf of Tammy Pizzitola. (Baughman, Laura) |
| Filing 44 NOTICE of Withdrawal of Mikal C. Watts, and law firm of Watts Guerra LLP as Counsel Pursuant to Local Rule 83.4 by Tammy Pizzitola (Boldt, Paige) |
| Filing 43 AMENDED NOTICE TO TAKE VIDEOTAPED DEPOSITION by Tammy Pizzitola of C.R. Bard, Inc. on To Be Determined at 9:00 AM (Baughman, Laura) |
| Filing 42 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Katie A. Fillmore on behalf of Ethicon, Inc., Johnson & Johnson. (Fillmore, Katie) |
| Filing 41 DUPLICATE FILING; IMAGE REMOVED. (Modified on 7/5/2019 to remove image filed with incorrect attorney filing information; see entry #42) (ts). |
| Filing 40 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christopher Cowan on behalf of Ethicon, Inc., Johnson & Johnson. (Cowan, Christopher) |
| Filing 39 MOTION by Tammy Pizzitola to Extend Witness Designation Deadline and For Modification of the Deadlines Contained in Pretrial Order #337 (Baughman, Laura) |
| Filing 38 NOTICE TO TAKE RULE 30(b)(6) DEPOSITION by Tammy Pizzitola of C.R. Bard, Inc. on TBD at 9:00 AM (Baughman, Laura) |
| Filing 37 NOTICE Of Withdrawal of Joseph P. Griffith, Katherine S. Wright and law firm of Greenberg Traurig, LLP by C. R. Bard, Inc. (Wright, Katherine) |
| Filing 36 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Mildred Segura on behalf of C. R. Bard, Inc.. (Segura, Mildred) |
| Filing 35 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Daniel C. Kirby on behalf of C. R. Bard, Inc.. (Kirby, Daniel) |
| Filing 34 CERTIFICATE OF SERVICE by Tammy Pizzitola for First Set of Interrogatories, Requests for Admission, and Requests for Production. (Baughman, Laura) |
| Filing 33 CERTIFICATE OF SERVICE by Ethicon, Inc. for Ethicon, Inc.s' First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (Gage, William) |
| Filing 32 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission, and Requests for Production to Plaintiff. (Gage, William) |
| Filing 31 CERTIFICATE OF SERVICE by C. R. Bard, Inc. for Discovery Materials. (Cohen, Lori) |
| Filing 30 NOTICE OF DEPOSITION by C. R. Bard, Inc. of Tammy Pizzitola on July 31, 2019 at 10:00 AM CDT (Cohen, Lori) |
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Filing 29
VACATED PURSUANT TO THE #48 ORDER ENTERED ON 7/15/2019: ORDER granting #28 JOINT MOTION by Ethicon, Inc., Johnson & Johnson, Tammy Pizzitola to Dismiss Without Prejudice, pursuant to Fed. R. Civ. P. 41(a)(2), Defendants Johnson & Johnson and Ethicon, Inc. only are dismissed without prejudice, each party to bear her or its own costs. Signed by Judge Joseph R. Goodwin on 6/5/2019. (cc: attys; any unrepresented party) (st) (Modified on 7/15/2019 to note order has been vacated) (kew).
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| Filing 28 JOINT MOTION by Ethicon, Inc., Johnson & Johnson, Tammy Pizzitola to Dismiss Without Prejudice. (Gage, William) (Modified on 6/4/2019 to add party filer) (mk). |
| Filing 27 NOTICE of Withdrawal of Ryan L. Thompson, Paige N. Boldt As Counsel Pursuant to Local Rule 83.4 by Tammy Pizzitola (Boldt, Paige) |
| Filing 26 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Laura J. Baughman on behalf of Tammy Pizzitola. (Baughman, Laura) |
| Filing 25 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Greg A. Vigna on behalf of Tammy Pizzitola. (Vigna, Greg) |
| Filing 24 NOTICE OF ATTORNEY APPEARANCE by Joseph P. Griffith on behalf of C. R. Bard, Inc.. (Griffith, Joseph) |
| Filing 23 NOTICE OF ATTORNEY APPEARANCE by Katherine Swan Wright on behalf of C. R. Bard, Inc.. (Wright, Katherine) |
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Filing 22
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) (ts) (ADI)
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Filing 21
INACTIVE DOCKET ORDER Having been advised by counsel that in the cases listed on the attached Exhibits A-D, the plaintiffs and all named defendants, as listed in the captions of those cases on the docket sheet, have reached a settlement. The Court finds it unnecessary to conduct further proceedings or to keep these cases on the active docket and ORDERS as follows: 1) all discovery deadlines are continued until further order of the Court, 2) that the Clerk place the case(s) listed on the attached Exhibit(s) on the pending inactive docket, 3) Plaintiff(s) and defendant may submit a Joint Motion to Dismiss with prejudice on or before 4/29/2019; if settlements are not finalized and dismissal orders are not submitted by then, any case remaining on an inactive docket will be moved to the active docket and placed on a shortened Docket Control Order. It is not necessary for the parties to submit one dismissal that includes all defendants. If a plaintiff(s) and a defendant have completed the settlement process and finalized everything necessary to dismiss the defendant, then the plaintiff(s) and that particular defendant may submit a Joint Motion to Dismiss for that particular defendant. The Court will reinstate any case on the attached Exhibits A-D to the active docket if one of the parties, on motion, shows good cause for such reinstatement. Such motion shall be made within 5 days of rejection of the settlement. The court notes that in some cases counsel have represented that they are authorized by the plaintiffs on the attached exhibits to act on the plaintiffs' behalf with respect to settlement matters. Once settlements are finalized, dismissal orders must be signed by counsel of record. The Clerk is DIRECTED to place Inactive flags only for defendants who have not already been dismissed and link this Order to the Proposed Inactive Docket Order filed at ECF No. 7166. Signed by Judge Joseph R. Goodwin on 1/30/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibits A-D) (kp)
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Filing 20
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)
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Filing 19
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: 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; and 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) (ADI)
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Filing 18
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)
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| Filing 17 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Paige Nicole Boldt on behalf of Tammy Pizzitola. (Boldt, Paige) |
| Filing 16 PLAINTIFF PROFILE FORM filed by Tammy Pizzitola. (Attachments: #1 Supplement First, #2 Supplement Second, #3 Supplement Third, #4 Supplement Fourth, #5 Supplement Fifth, #6 Supplement Sixth, #7 Supplement Seventh)(Thompson, Ryan) |
| Filing 15 PLAINTIFF PROFILE FORM filed by Tammy Pizzitola. (Attachments: #1 Supplement First, #2 Supplement Second, #3 Supplement Third, #4 Supplement Fourth, #5 Supplement Fifth, #6 Supplement Sixth, #7 Supplement Seventh)(Thompson, Ryan) |
| Filing 14 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Richard B. North, Jr on behalf of C. R. Bard, Inc.. (North, Richard) |
| Filing 13 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Melissa Foster Bird on behalf of C. R. Bard, Inc.. (Bird, Melissa) |
| Filing 12 WAIVER OF SERVICE EXECUTED. Waiver signed by Richard B. North, Jr. on 10/7/14. C. R. Bard, Inc. waiver mailed on 10/3/2014, answer due 12/2/2014. (North, Richard) |
| Filing 11 AMENDED SHORT FORM COMPLAINT filed by Tammy Pizzitola against Ethicon, Inc., Johnson & Johnson, C. R. Bard, Inc. ("Bard"). (Thompson, Ryan) |
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Filing 10
ORDER: Based on representation of counsel that Laura H. Dixon no longer represents any party in this MDL or any party in any member case, the above-named counsel is terminated where she appears as counsel for any party in this MDL and in any member case. Signed by Judge Joseph R. Goodwin on 5/5/2014. (cc: attys; any unrepresented party) (kw)
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| Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Laura H. Dixon on behalf of Ethicon, Inc., Johnson & Johnson. (Dixon, Laura) |
| Filing 8 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson. (Thomas, David) |
| Filing 4 SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Ethicon, LLC, Ethicon, LLC served on 1/22/2013, answer due 2/12/2013. (Thompson, Ryan) |
| Filing 3 TRANSMITTED PRETRIAL ORDER 30 (Order Cancelling January 10, 2013, In Chambers Conference and Status Conference) entered on 01/08/2013 in MDL 2327 to attorneys in member case. (jap) |
| Filing 2 ELECTRONIC SUMMONS ISSUED as to Ethicon, LLC, 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). (jws) |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2161408. (Attachment: #1 Civil Cover Sheet) (jws) |
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