Burris v. Ethicon, Inc. et al
| Tina Burris |
| Ethicon, Inc., Ethicon, LLC and Johnson & Johnson |
| 2:2014cv24320 |
| August 1, 2014 |
| 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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This docket was last retrieved on July 2, 2020. A more recent docket listing may be available from PACER.
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| Filing 68 CONFIRMATION from Northern District of Ohio that the case has been opened in that district as 3:20-cv-01450, filed 07/01/2020. (maw) |
| Filing 67 NOTICE of Corrected Documents ECF (2553) Parties' Joint Designation of Non-PTO Filings From 2:12-MD-2327 by Ethicon, Inc., Johnson & Johnson re: #65 Designation of Record for MDL transfers. (Attachments: #1 Exhibit ECF #56 CONTINUED, MDL ECF (2553) Part 1 - Defs' Resp to Pls' Mot to Exclude Shelby Thames.pdf, #2 Exhibit MDL ECF (2553) Part 2 - Defs' Resp to Pls' Mot to Exclude Shelby Thames.pdf, #3 Exhibit MDL ECF (2553) Part 3 - Defs' Resp to Pls' Mot to Exclude Shelby Thames.pdf)(Robinson, Susan) (Modified on 7/7/2020 to add party filers) (msa). |
| Filing 66 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #56 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) (Modified on 7/7/2020 to add party filers) (msa). |
| Filing 65 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #56 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 (2880) - Pls' Mot to Exclude Shelby Thames' Supp Reports Wave 1, #16 Exhibit MDL ECF (2882) Part 1 - Pls' Mot to Exclude Shelby Thames' Supp Reports, #17 Exhibit MDL ECF (2882) Part 2 - Pls' Mot to Exclude Shelby Thames' Supp Reports, #18 Exhibit MDL ECF (2883) - Pls' Mot to Exclude Shelby Thames' Supp Reports Wave 3, #19 Exhibit MDL ECF (2957) - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #20 Exhibit MDL ECF (3018) - Defs' Resp to Pls' Mot to Exclude Shelby Thames Supp Reports, #21 Exhibit MDL ECF (3020) - Defs' Resp to Pls' Mot to Exclude Shelby Thames Supp Reports, #22 Exhibit MDL ECF (3022) - Defs' Resp to Pls' Mot to Exclude Shelby Thames Supp Reports, #23 Exhibit MDL ECF (3037) - Pls' Reply in Support of Mot to Exclude Shelby Thames, #24 Exhibit MDL ECF (8071) - Pls' Mot to Exclude Shelby Thames, #25 Exhibit MDL ECF (8073) - Pls' Mem in Support of Mot to Exclude Shelby Thames, #26 Exhibit MDL ECF (8791) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Shelby Thames, #27 Exhibit MDL ECF (8909) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Shelby Thames)(Robinson, Susan) (Modified on 7/7/2020 to add party filers) (msa). |
| Filing 64 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #56 CONTINUED, MDL ECF (2479) - Pls' Mot to Exclude Larry Sirls, #2 Exhibit MDL ECF (2480) - Pls' Mem in Support of Mot to Exclude Larry Sirls, #3 Exhibit MDL ECF (2936) - Defs' Resp to Pls' Mot to Exclude Larry Sirls, #4 Exhibit MDL ECF (3288) - Pls' Reply in Support of Mot to Exclude Larry Sirls, #5 Exhibit MDL ECF (8750) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Larry Sirls, #6 Exhibit MDL ECF (8894) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Larry Sirls)(Robinson, Susan) (Modified on 7/7/2020 to add party filers) (msa). |
| Filing 63 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #56 CONTINUED, MDL ECF (3617) - Pls' Mot to Exclude John Wagner, #2 Exhibit MDL ECF (3618) - Pls' Mem in Support of Mot to Exclude John Wagner, #3 Exhibit MDL ECF (3731) - Defs' Resp to Pls' Mot to Exclude John Wagner, #4 Exhibit MDL ECF (3851) - Pls' Reply in Support of Mot to Exclude John Wagner, #5 Exhibit MDL ECF (4344) - Notice of Adoption of Pls' Mot to Exclude John Wagner, #6 Exhibit MDL ECF (4920) - Defs' Resp to Pls' Mot to Exclude John Wagner, #7 Exhibit MDL ECF (4876) - Pls' Mot to Exclude John Wagner, #8 Exhibit MDL ECF (4879) - Pls' Mem in Support of Mot to Exclude John Wagner, #9 Exhibit MDL ECF (5044) - Pls' Reply to Mot to Exclude John Wagner, #10 Exhibit MDL ECF (8756) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude John Wagner, #11 Exhibit MDL ECF (8877) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude John Wagner)(Robinson, Susan) (Modified on 7/7/2020 to add party filers) (msa). |
| Filing 62 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #56 CONTINUED, MDL ECF (2014) - Pls' Mot to Exclude Jaime Sepulveda-Toro, #2 Exhibit MDL ECF (2018) - Pls' Mem in Support of Mot to Exclude Jamie Sepulveda-Toro, #3 Exhibit MDL ECF (2225) - Pls' Reply in Support of Mot to Exclude Jaime Sepulveda-Toro, #4 Exhibit MDL ECF (2138) Part 1 - Defs' Resp to Pls' Mot to Exclude Jamie Sepulveda-Toro, #5 Exhibit MDL ECF (2138) Part 2 - Defs' Resp to Pls' Mot to Exclude Jamie Sepulveda-Toro, #6 Exhibit MDL ECF (2508) Part 1 - Defs' Resp to Pls' Mot to Exclude Jaime Sepulveda-Toro, #7 Exhibit MDL ECF (2508) Part 2 - Defs' Resp to Pls' Mot to Exclude Jaime Sepulveda-Toro, #8 Exhibit MDL ECF (2828) - Pls' Notice of Partial Adoption of Prior Daubert Motion of Jamie Sepulveda-Toro, #9 Exhibit MDL ECF (2829) - Pls' Memo of Law re Notice of Partial Adoption of Prior Daubert Motion of Jamie Sepulveda-Toro, #10 Exhibit MDL ECF (2929) - Defs' Resp to Pls' Mot to Exclude Jaime Sepulveda-Toro, #11 Exhibit MDL ECF (3043) - Notice of Adoption of Pls' Reply in Support of Mot to Exclude Jaime Sepulveda-Toro, #12 Exhibit MDL ECF (4376) - Notice of Adoption of Pls' Prior Daubert Motion of Jaime Sepulveda-Toro, #13 Exhibit MDL ECF (4495) - Defs' Resp to Pls' Mot to Exclude Jaime Sepulveda-Toro, #14 Exhibit MDL ECF (8746) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Jaime Sepulveda-Toro, #15 Exhibit MDL ECF (8905) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Jaime Sepulveda-Toro)(Robinson, Susan) (Modified on 7/7/2020 to add party filers) (msa). |
| Filing 61 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #56 CONTINUED, MDL ECF (2003) - Pls' Mot to Exclude Salil Khandwala, #2 Exhibit MDL ECF (2004) - Pls' Mem in Support of Mot to Exclude Salil Khandwala, #3 Exhibit MDL ECF (2175) - Defs' Resp to Pls' Mot to Exclude Salil Khandwala, #4 Exhibit MDL ECF (2240) - Pls' Reply in Support of Mot to Exclude Salil Khandwala, #5 Exhibit MDL ECF (2469) - Pls' Amended Mot to Exclude Salil Khandwala, #6 Exhibit MDL ECF (2470) - Pls' Mem in Support of Amended Mot to Exclude Salil Khandwala, #7 Exhibit MDL ECF (2618) - Pls' Reply in Support of Mot to Exclude Salil Khandwala, #8 Exhibit MDL ECF (2781) - Notice of Adoption of Pls' Mot to Exclude Salil Khandwala, #9 Exhibit MDL ECF (2925) - Defs' Resp to Pls' Mot to Exclude Salil Khandwala, #10 Exhibit MDL ECF (3045) - Notice of Adoption of Pls' Reply in Support of Mot to Exclude Salil Khandwala, #11 Exhibit MDL ECF (8727) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Salil Khandwala, #12 Exhibit MDL ECF (8852) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Salil Khandwala)(Robinson, Susan) (Modified on 7/7/2020 to add party filers) (msa). |
| Filing 60 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #56 CONTINUED, MDL ECF (8789) - Defs' Mot to Exclude Niall Galloway, #2 Exhibit MDL ECF (8903) - Pls' Resp to Defs' Mot to Exclude Niall Galloway)(Robinson, Susan) (Modified on 7/7/2020 to add party filers) (msa). |
| Filing 59 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #56 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) (Modified on 7/7/2020 to add party filers) (msa). |
| Filing 58 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #56 CONTINUED, MDL ECF (2071) Part 1 - Defs' Mot to Exclude Jimmy Mays, #2 Exhibit MDL ECF (2071) Part 2 - Defs' Mot to Exclude Jimmy Mays, #3 Exhibit MDL ECF (2071) Part 3 - Defs' Mot to Exclude Jimmy Mays, #4 Exhibit MDL ECF (2074) - Defs' Mem in Support of Mot to Exclude Jimmy Mays, #5 Exhibit MDL ECF (2144) - Pls' Resp to Defs' Mot to Exclude Jimmy Mays, #6 Exhibit MDL ECF (2209) - Defs' Reply in Support of Mot to Exclude Jimmy Mays, #7 Exhibit MDL ECF (2844) Part 1 - Defs' Mot to Exclude Jimmy Mays, #8 Exhibit MDL ECF (2844) Part 2 - Defs' Mot to Exclude Jimmy Mays, #9 Exhibit MDL ECF (2848) - Defs' Mem in Support of Mot to Exclude Jimmy Mays, #10 Exhibit MDL ECF (2891) - Pls' Resp to Defs' Mot to Exclude Jimmy Mays, #11 Exhibit MDL ECF (3031) - Defs' Reply in Support of Mot to Exclude Jimmy Mays, #12 Exhibit MDL ECF (3642) Part 1 - Defs' Mot to Exclude Jimmy Mays, #13 Exhibit MDL ECF (3642) Part 2 - Defs' Mot to Exclude Jimmy Mays, #14 Exhibit MDL ECF (3647) - Defs' Mem in Support of Mot to Exclude Jimmy Mays, #15 Exhibit MDL ECF (3751) - Pls' Resp to Defs' Mot to Exclude Jimmy Mays, #16 Exhibit MDL ECF (3847) - Defs' Reply in Support of Mot to Exclude Jimmy Mays, #17 Exhibit MDL ECF (8781) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Jimmy Mays, #18 Exhibit MDL ECF (8846) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Jimmy Mays)(Robinson, Susan) (Modified on 7/7/2020 to add party filers) (msa). |
| Filing 57 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #56, 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 (2819) - Defs' Mot to Exclude Jerry Blaivas, #10 Exhibit MDL ECF (2822) - Defs' Mem in Support of Mot to Exclude Jerry Blaivas, #11 Exhibit MDL ECF (2947) - Pls' Resp to Defs' Mot & MIS to Exclude Jerry Blaivas, #12 Exhibit MDL ECF (3588) - Defs' Mot to Exclude Jerry Blaivas, #13 Exhibit MDL ECF (3589) - Defs' Mem in Support of Mot to Exclude Jerry Blaivas, #14 Exhibit MDL ECF (3758) - Pls' Resp to Defs' Mot to Exclude Jerry Blaivas, #15 Exhibit MDL ECF (3840) - Defs' Reply in Support of Mot to Exclude Jerry Blaivas, #16 Exhibit MDL ECF (4368) - Defs' Mot to Exclude Jerry Blaivas, #17 Exhibit MDL ECF (4373) - Defs' Mem in Support of Mot to Exclude Jerry Blaivas, #18 Exhibit MDL ECF (4533) - Pls' Resp to Defs' Mot & MIS to Exclude Jerry Blaivas, #19 Exhibit MDL ECF (8780) - Notice of Adoption of Defs' Mot to Exclude Jerry Blaivas, #20 Exhibit MDL ECF (8833) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Jerry Blaivas)(Robinson, Susan) (Modified on 7/7/2020 to add party filer) (msa). |
| Filing 56 JOINT 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, #2 Exhibit MDL ECF (239) - Master Answer of Ethicon, Inc. to First Amended Master Complaint, #3 Exhibit MDL ECF (241) - Master Answer of Johnson & Johnson to First Amended Master Complaint, #4 Exhibit MDL ECF (262) - Short Form Complaint, #5 Exhibit MDL ECF (263) - Amended Short Form Complaint)(Robinson, Susan) (Modified on 7/7/2020 to add party filers) (msa). |
Filing 55
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that the Order and Suggestion of Remand in MDL 2327 at ECF No. 9144 is VACATED; on 07/01/2020 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 6/30/2020 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 6/17/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (st)
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Filing 54
VACATED PURSUANT TO THE #55 TRANSFER ORDER ENTERED ON 6/17/2020: ORDER ORDER AND SUGGESTION OF REMAND Pursuant to 28 U.S.C. 1407 and the Rules for Multidistrict Litigation, the court suggests that the cases on Exhibit A be remanded to the courts from which they came, as identified on the attached Exhibit A; on or before 6/24/2020 the parties are directed to confer and to file in this case, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the court directs that upon receipt and filing of an order to remand from the Clerk of the JPMDL, the Clerk shall remand the case to the United States District Courts identified on Exhibit A; on the Transfer Date, the Clerk is directed to use the appropriate function in CM/ECF to extract the cases on Exhibit A and remand them to the United States District Courts identified on Exhibit A; after remand of the cases, the Clerk is directed to formally close the cases and strike them from the docket. Signed by Judge Joseph R. Goodwin on 6/17/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; cases on Exhibit A) (maw) (Modified on 6/18/2020 to note order has been vacated) (kew).
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Filing 53
ORDER The #34 MOTION by Tina Burris to Strike Defendants' Non-Retained Experts in Violation of the Court's Pretrial Order #337 is GRANTED in part to the extent plaintiff seeks an order striking the experts identified by Ethicon, Inc. and Johnson & Johnson in excess of five each and is otherwise DENIED. Signed by Judge Joseph R. Goodwin on 6/17/2020. (cc: counsel of record; any unrepresented party) (st)
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| Filing 52 REPLY by Ethicon, Inc., Johnson & Johnson to #48 Response In Opposition. (Robinson, Susan) |
| NOTICE OF DOCKET CORRECTION re: #51 RESPONSE by Tina Burris in opposition to #39 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Niall Galloway, M.D. ERROR: Incorrect image of Exhibit A attached. CORRECTION: Removed and replaced Exhibit A. (slr) |
| NOTICE OF DOCKET CORRECTION re: #50 RESPONSE by Tina Burris in opposition to #41 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Case-Specific Opinions and Testimony of Robert Tremp, Jr., MA, CRC, CLCP, LAC. ERROR: Incorrect images of Exhibits A, B, and C attached. CORRECTION: Removed and replaced Exhibits A, B, and C. (slr) |
| Filing 51 RESPONSE by Tina Burris in opposition to #39 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Niall Galloway, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Baughman, Laura) (Modified on 11/20/2019 to remove and replace incorrect image of Exhibit A)(slr). |
| Filing 50 RESPONSE by Tina Burris in opposition to #41 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Case-Specific Opinions and Testimony of Robert Tremp, Jr., MA, CRC, CLCP, LAC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Baughman, Laura) (Modified on 11/20/2019 to remove and replace incorrect images of Exhibits A, B, and C)(slr). |
| Filing 49 REPLY by Tina Burris to #46 Response In Opposition. (Attachments: #1 Exhibit A)(Baughman, Laura) |
| Filing 48 RESPONSE by Tina Burris in opposition to #36 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Baughman, Laura) |
| Filing 47 TRANSCRIPT OF PROCEEDINGS of Telephonic Motions Hearing held on November 7, 2019, before Magistrate Judge Cheryl A. Eifert. Court Reporter Lisa Cook, Telephone number 304-254-8053. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 11/18/2019. Redaction Request due 11/29/2019. Redacted Transcript Deadline set for 12/9/2019. Release of Transcript Restriction set for 2/6/2020. (lac) |
| Filing 46 OPPOSITION by Ethicon, Inc., Johnson & Johnson to #34 MOTION by Tina Burris to Strike Defendants' Non-Retained Experts (Attachments: #1 Exhibit A, #2 Exhibit B)(Gage, William) |
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Filing 45
ORDER granting the #32 Motion to Compel Plaintiff's expert Niall Galloway, M.D. to produce certain documents and denying the #31 Motion to Quash Subpoena and MOTION for Protective Order; Dr. Niall Galloway is directed to produce to Defendants within thirty days of the date of this Order all invoices and payment documents related to his services rendered in generating a report or testifying as an expert witness in any pelvic mesh case during the past five years, as more fully set forth herein. Signed by Magistrate Judge Cheryl A. Eifert on 11/7/2019. (cc: counsel of record) (kew)
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| Filing 44 TELEPHONIC MOTION HEARING held by Magistrate Judge Cheryl A. Eifert on 11/7/2019 re: Plaintiff's #31 MOTION to Quash Subpoena and MOTION for Protective Order; #32 MOTION by Ethicon, Inc., Johnson & Johnson to Compel Plaintiff's expert Niall Galloway, M.D. to produce certain documents requested in Defendants' notice of deposition (Doc. 26); Court Reporter: Lisa Cook. (hkl) |
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Filing 43
ORDER directing that a telephonic hearing on the #31 Motion to Quash Subpoena and Motion for Protective Order shall take place on 11/7/2019 at 10:00 a.m. EST before the undersigned United States Magistrate Judge. Signed by Magistrate Judge Cheryl A. Eifert on 11/4/2019. (cc: counsel of record; any unrepresented party) (kew)
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| Filing 42 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #41 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Case-Specific Opinions and Testimony of Robert Tremp, Jr., MA, CRC, CLCP, LAC. (Robinson, Susan) |
| Filing 41 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Case-Specific Opinions and Testimony of Robert Tremp, Jr., MA, CRC, CLCP, LAC. (Attachments: #1 Exhibit A - G)(Robinson, Susan) |
| Filing 40 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #39 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Niall Galloway, M.D. (Robinson, Susan) |
| Filing 39 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Niall Galloway, M.D. (Attachment: #1 Exhibit A - F)(Robinson, Susan) (Modified on 11/4/2019 to correct event)(slr). |
| Filing 38 RESPONSE by Tina Burris in opposition to #32 MOTION by Ethicon, Inc., Johnson & Johnson to Compel (Attachment: #1 Exhibit A)(Baughman, Laura) |
| Filing 37 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #36 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Robinson, Susan) |
| Filing 36 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A - D)(Robinson, Susan) |
| Filing 35 MEMORANDUM OF LAW by Tina Burris in support of #34 MOTION by Tina Burris to Strike Defendants' Non-Retained Experts in Violation of the Court's Pretrial Order #337 (Baughman, Laura) |
| Filing 34 MOTION by Tina Burris to Strike Defendants' Non-Retained Experts in Violation of the Court's Pretrial Order #337 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C-1, #4 Exhibit C-2, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Baughman, Laura) |
| MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: #32 MOTION by Ethicon, Inc., Johnson & Johnson to Compel Plaintiff's expert Niall Galloway, M.D. to produce certain documents requested in Defendants' notice of deposition. (ts) |
| Filing 33 RESPONSE by Ethicon, Inc., Johnson & Johnson in opposition to #31 MOTION to Quash Subpoena and MOTION for Protective Order by Tina Burris (Gage, William) |
| Filing 32 MOTION by Ethicon, Inc., Johnson & Johnson to Compel Plaintiff's expert Niall Galloway, M.D. to produce certain documents requested in Defendants' #26 Notice of Deposition (Doc. 26) (Gage, William) |
| MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: #31 MOTION by Tina Burris to Quash Subpoena. (ts) |
| Filing 31 MOTION by Tina Burris to Quash Subpoena and MOTION for Protective Order with MEMORANDUM OF LAW (Attachments: #1 Exhibit A, #2 Exhibit B)(Baughman, Laura). (Modified on 10/8/2019 to add Motion for Protective Order)(slr). |
| Filing 30 OBJECTIONS to Defendants Ethicon, Inc. and Johnson & Johnson's #26 Notice of Deposition of Dr. Niall Galloway, by Tina Burris (Baughman, Laura) |
| Filing 29 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Desrene Brown on 10/7/19 at 10:00 a.m. ET (Robinson, Susan) |
| Filing 28 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Non-Retained Expert Disclosures. (Gage, William) |
| Filing 27 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Friends and Family on dates and times to be determined (Robinson, Susan) |
| Filing 26 NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Niall Galloway on 10/10/19 at 9:00 a.m. ET (Robinson, Susan) |
| Filing 25 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Desrene Brown on 9/20/19 at 9:00 a.m. EDT (Robinson, Susan) |
| Filing 24 CERTIFICATE OF SERVICE by Tina Burris for Plaintiffs Designation and Disclosure of Case-Specific Expert Witnesses. (Baughman, Laura) |
| Filing 23 CERTIFICATE OF SERVICE by Ethicon, Inc. for Objections and Responses to Plaintiff's Interrogatories, Requests for Production, and Requests for Admissions. (Robinson, Susan) |
| Filing 22 CERTIFICATE OF SERVICE by Tina Burris for Plaintiff's Objections and Response to First Set of Interrogatories, Request for Admissions and Requests for Production. (Baughman, Laura) |
| Filing 21 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Laura J. Baughman updating name and/or firm information on behalf of Tina Burris. (Baughman, Laura) |
| Filing 20 CERTIFICATE OF SERVICE by Tina Burris for First Set of Interrogatories, Requests for Admission, and Requests for Production. (Baughman, Laura) |
| Filing 19 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 18 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Tina Burris on 7/9/19 at 9:00 a.m. EDT (Robinson, Susan) |
| Filing 17 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (Robinson, Susan) |
| Filing 16 CERTIFICATE OF SERVICE by Tina Burris for Plaintiff Fact Sheet. (Baughman, Laura) |
| Filing 15 PLAINTIFF FACT SHEET filed by Tina Burris. (Attachments: #1 Exhibit)(Baughman, Laura) |
| Filing 14 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Laura J. Baughman on behalf of Tina Burris. (Baughman, Laura) |
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Filing 13
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 12 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Greg A. Vigna on behalf of Tina Burris. (Vigna, Greg) |
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Filing 11
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 10
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) (lca) (ADI)
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Filing 9
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)
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| Filing 7 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Deseray Brown on 3/8/18 at 9:00 a.m. (Thomas, David) |
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Filing 8
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) (mek) (ADI)
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| Filing 6 PLAINTIFF PROFILE FORM filed by Tina Burris. (Gallagher, Michael) |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson. (Thomas, David) |
| Filing 3 TRANSMITTED PRETRIAL ORDER # 130 (Hearing on Motion to Deem Requests for Admissions Admitted, or Alternatively, to Compel) entered on 07/30/2014 in MDL 2327 to attorneys in member case. (kw) |
| Filing 2 ELECTRONIC SUMMONS ISSUED as to Ethicon, Inc., Johnson & Johnson, re: #1 Short Form 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). (kw) |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-3376609. (Severed from Civil Action No. 2:14-cv-19767) (Attachment: #1 Civil Cover Sheet) (kw) |
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