Jenkins et al v. Ethicon, Inc. et al
| Michelle Jenkins and Dennis Jenkins |
| Ethicon, Inc. and Johnson & Johnson |
| 2:2015cv09109 |
| July 1, 2015 |
| 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 39
ORDER (Dismissing Cases With Prejudice): It appearing to the court that the parties have jointly agreed to settle, and have settled the cases on Exhibit A, it is ORDERED that the Defendant's Motion to Dismiss with Prejudice is GRANTED, and the cases listed on Exhibit A are DISMISSED WITH PREJUDICE and STRICKEN from the docket. Signed by Judge Joseph R. Goodwin on 4/24/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (mwk) (ADI)
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Filing 38
INACTIVE DOCKET ORDER: The court has been advised that the plaintiff(s) and Ethicon, Inc. have reached a settlement. The Court ORDERS as follows: All discovery deadlines are continued until further order of the court. Plaintiff(s) and defendant 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 plaintiff(s) and defendant are directed to provide quarterly reports as to their progress in dismissing cases on the inactive docket. The court will reinstate the case to the active docket if one of the parties shows good cause for such reinstatement. This Order is related to the Proposed Inactive Docket Order filed at ECF No. 6603 in MDL Case No. 2327 Ethicon. Signed by Judge Joseph R. Goodwin on 8/31/2018. (cc: attys; any unrepresented party) (brn)
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| Filing 37 The Motion filed in MDL 2327 by Ethicon, Inc., Johnson & Johnson to Dismiss for Failure to Comply With PTO 280 or Alternatively for Plaintiffs to Show Cause for Failure to Comply With PTO 280 or for Alternative Relief, Request for Expedited Briefing is DENIED as moot. (st) |
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Filing 36
ORDER The #20 MOTION by Henry Shere Queener to Withdraw as Attorney for Dennis Jenkins, Michelle Jenkins is DENIED in part, insofar as it requests the court stay this action and remove it from Wave 8. Any deadlines in this case remain in effect. Withdrawing counsels remaining request that the court grant leave to withdraw as counsel for the plaintiffs will be addressed by a subsequent order. The #23 MOTION by Dennis Jenkins, Michelle Jenkins for Protective Order is DENIED. The #30 MOTION by Dennis Jenkins, Michelle Jenkins for Protective Order is DENIED. And the #33 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss for Failure to Comply with PTO 303 or Alternatively to Showcause for Failure to Comply with PTO 303 and Request for Expedited Briefing is DENIED as moot. Signed by Judge Joseph R. Goodwin on 8/22/2018. (cc: counsel of record; any unrepresented party) (mek)
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| Filing 35 NOTICE OF WITHDRAWAL by Ethicon, Inc., Johnson & Johnson of #33 MOTION AND SUPPORTING MEMORANDUM by Ethicon, Inc., Johnson & Johnson to Dismiss for Failure to Comply with PTO 303 or Alternatively to Showcause for Failure to Comply with PTO 303 and Request for Expedited Briefing (Gage, William) |
| Filing 34 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss With Prejudice. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Sutherland, Kari) |
| Filing 33 MOTION AND SUPPORTING MEMORANDUM by Ethicon, Inc., Johnson & Johnson to Dismiss for Failure to Comply with PTO 303 or Alternatively to Showcause for Failure to Comply with PTO 303 and Request for Expedited Briefing (Gage, William) |
| Filing 32 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kasey Mitchell Adams on behalf of Ethicon, Inc., Johnson & Johnson. (Adams, Kasey) |
| Filing 31 RESPONSE by Ethicon, Inc., Johnson & Johnson in opposition to #30 MOTION by Dennis Jenkins, Michelle Jenkins for Protective Order (Gage, William) |
| Filing 30 MOTION by Dennis Jenkins, Michelle Jenkins for Protective Order (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Queener, Henry) |
| Filing 29 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Michelle Jenkins on 07/10/2018 at 9:30 a.m. (Sutherland, Kari) |
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Filing 27
ORDER The #25 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss for Failure to Comply With PTO 280 or Alternatively for Plaintiffs to Show Cause for Failure to Comply With PTO 280 or for Alternative Relief, Request for Expedited Briefing is DENIED as moot. Signed by Judge Joseph R. Goodwin on 6/14/2018. (cc: counsel of record; any unrepresented party) (REF: Cases Listed on Appendix A & B) (hkl)
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| Filing 26 NOTICE OF WITHDRAWAL by Ethicon, Inc., Johnson & Johnson of #25 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss for Failure to Comply With PTO 280 or Alternatively for Plaintiffs to Show Cause for Failure to Comply With PTO 280 or for Alternative Relief, Request for Expedited Briefing (Gage, William) |
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Filing 28
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) (mek) (ADI)
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| Filing 25 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss for Failure to Comply With PTO 280 or Alternatively for Plaintiffs to Show Cause for Failure to Comply With PTO 280 or for Alternative Relief, Request for Expedited Briefing and Supporting Memorandum (Gage, William) |
| Filing 24 RESPONSE by Ethicon, Inc., Johnson & Johnson in opposition to #23 MOTION by Dennis Jenkins, Michelle Jenkins for Protective Order (Gage, William) |
| Filing 23 MOTION by Dennis Jenkins, Michelle Jenkins for Protective Order (Attachments: #1 Discovery propounded, #2 Attempt to resolve)(Queener, Henry) |
| Filing 22 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for First Set of Interrogatories, Requests for Admission and Requests for Production. (Morris, Christopher) |
| Filing 21 RESPONSE by Ethicon, Inc., Johnson & Johnson in opposition to #20 MOTION by Henry Shere Queener to Withdraw as Attorney for Dennis Jenkins, Michelle Jenkins (Attachment: #1 Exhibit 1)(Sutherland, Kari) |
| Filing 20 MOTION by Henry Shere Queener to Withdraw as Attorney for Dennis Jenkins, Michelle Jenkins (Attachments: #1 Declaration of Attorney, #2 Proposed Order)(Queener, Henry) |
| Filing 19 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) |
| Filing 18 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christopher D. Morris on behalf of Ethicon, Inc., Johnson & Johnson. (Morris, Christopher) |
| Filing 17 NOTICE OF WITHDRAWAL by Ethicon, Inc., Johnson & Johnson of #16 Notice of Videotaped Deposition (Sutherland, Kari) |
| Filing 16 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Jeffrey E. Brown on 3/27/2018 at 9:00 a.m. (Robinson, Susan) |
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Filing 15
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 14 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Henry Shere Queener on behalf of Dennis Jenkins, Michelle Jenkins. (Queener, Henry) |
| Filing 13 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) |
| Filing 12 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc.. (Thomas, David) |
| Filing 11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Johnson & Johnson. (Thomas, David) |
| Filing 10 SUMMONS RETURNED EXECUTED for Ethicon, Inc., re: #8 Electronic Summons Issued,, #1 Complaint. Ethicon, Inc. served on 8/24/2015, answer due 9/14/2015. (Queener, Henry) |
| Filing 9 SUMMONS RETURNED EXECUTED for Johnson & Johnson, re: #8 Electronic Summons Issued,, #1 Complaint. Johnson & Johnson served on 8/24/2015, answer due 9/14/2015. (Queener, Henry) |
| Filing 8 ELECTRONIC SUMMONS REISSUED 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). (Attachment: #1 Summons as to Johnson & Johnson) (rea) |
| Filing 7 SUMMONS TO BE REISSUED SUBMITTED by Michelle Jenkins, Dennis Jenkins for Johnson & Johnson, re: #1 Complaint. (Queener, Henry) |
| Filing 6 SUMMONS TO BE REISSUED SUBMITTED by Michelle Jenkins, Dennis Jenkins for Ethicon, Inc., re: #1 Complaint. (Queener, Henry) |
| Filing 5 SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for All Defendants, re: #2 Electronic Summons Issued,. Return Receipt Card signed by Amy McLaren. All Defendants. (Queener, Henry) |
| Filing 4 COPY OF LETTER to Henry Shere Queener, from The Corporation Trust Company dated 7/7/2015, re: service of process for corporate entity (Log #527421340). (taq) |
| Filing 3 TRANSMITTED PRETRIAL ORDER # 186 (Initial Order Regarding Severance of Actions) entered on 07/01/2015 in MDL 2327 to attorneys in member case. (Attachments: #1 Exhibit A, #2 Exhibit B) (kp) |
| 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). (klc) |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-3987997. (Attachments: #1 Civil Cover Sheet) (klc) |
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