Johns v. American Medical Systems, Inc. et al
| Nancy Johns |
| American Medical Systems, Inc. and Endo Pharmaceuticals |
| 2:2018cv00598 |
| April 23, 2018 |
| 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 |
| None |
Docket Report
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Filing 27
JUDGMENT ORDER In accordance with the accompanying Memorandum Opinion and Order entered today, the court ORDERS that judgment be entered in favor of the remaining defendants, and that this case be dismissed with prejudice and stricken from the docket of this court. Signed by Judge Joseph R. Goodwin on 4/17/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (st)
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Filing 26
MEMORANDUM OPINION AND ORDER The #24 MOTION by American Medical Systems, Inc. for Summary Judgment for Failure of Expert Witness Evidence of Causation is GRANTED, defendant AMS is dismissed from this action with prejudice and the court further ORDERS that defendant Endo Pharmaceuticals is dismissed from this action; the #16 REPLY by American Medical Systems, Inc. to #14 Response to Show Cause Order and MOTION for Sanctions is GRANTED insofar as AMS seeks an award of sanctions in the amount of $3,000 to be paid by plaintiffs counsel; the court further ORDERS that this case is closed and stricken from the docket and any other pending motions are DENIED as moot. Signed by Judge Joseph R. Goodwin on 4/17/2020. (cc: counsel of record; any unrepresented party) (st)
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| Filing 25 MEMORANDUM OF LAW by American Medical Systems, Inc. in support of #24 MOTION by American Medical Systems, Inc. for Summary Judgment or Failure of Expert Witness Evidence of Causation. (Binis, Barbara) |
| Filing 24 MOTION by American Medical Systems, Inc. for Summary Judgment for Failure of Expert Witness Evidence of Causation. (Attachment: #1 Proposed Order)(Binis, Barbara) |
| Filing 23 MEMORANDUM OF LAW by American Medical Systems, Inc., Endo Pharmaceuticals in support of #22 RENEWED MOTION by American Medical Systems, Inc., Endo Pharmaceuticals to Dismiss With Prejudice for Failure to Comply With #9 Pretrial Order and MOTION for Sanctions. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Binis, Barbara) |
| Filing 22 RENEWED MOTION by American Medical Systems, Inc., Endo Pharmaceuticals to Dismiss With Prejudice for Failure to Comply With #9 Pretrial Order and MOTION for Sanctions. (Attachment: #1 Proposed Order)(Binis, Barbara) |
| NOTICE OF DOCKET CORRECTION re: #19 PLAINTIFF FACT SHEET. Error: The image contained pages 23-27 that were upside down. Correction: Replaced image with upright image of document. (mkw) |
| Filing 21 CERTIFICATE OF SERVICE by Nancy Johns for Interrogatory Responses. (Leslie, John) |
| Filing 20 CERTIFICATE OF SERVICE by Nancy Johns for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Leslie, John) |
| Filing 19 PLAINTIFF FACT SHEET filed by Nancy Johns. (Leslie, John) (Modified on 2/25/2019 to replace image) (mkw). |
| Filing 18 RESPONSE TO REQUEST FOR ADMISSIONS by Nancy Johns. (Leslie, John) |
| Filing 17 MEMORANDUM OF LAW by American Medical Systems, Inc. in support of #16 Reply to Response (Attachments: #1 Affidavit, #2 Ex. A, #3 Ex. B, #4 Ex. C, #5 Ex. D, #6 Ex. E)(Binis, Barbara) |
| Filing 16 REPLY by American Medical Systems, Inc. to #14 Response to Show Cause Order and MOTION for Sanctions. (Binis, Barbara) (Modified on 1/11/2019 to convert event to motion for sanctions) (kp). |
| Filing 15 NOTICE OF VIDEO DEPOSITION by American Medical Systems, Inc. of Nancy Johns on February 5, 2019 at 10:00 a.m. (Binis, Barbara) |
| Filing 14 RESPONSE by Nancy Johns to the Court's #13 Show Cause Order. (Leslie, John) |
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Filing 13
SHOW CAUSE ORDER Directing that the plaintiffs identified on Exhibit A show cause on or before 1/4/2019 why their claims against AMS should not be dismissed with prejudice pursuant to Rule 16(f) of the Federal Rules of Civil Procedure for failure to attend the Mandatory Settlement Conference as directed in PTO # 265 and PTO # 268; further directing that where a plaintiff is represented, counsel for each plaintiff listed on Exhibit A notify each plaintiff he or she represented of this Order, and counsel shall preserve evidence of compliance with this Order; if plaintiffs identified on Exhibit A do not show cause on or before 1/4/2019, the court will, either by motion or on its own accord, dismiss claims against AMS with prejudice pursuant to Rule 16(f) of the Federal Rules of Civil Procedure. Signed by Judge Joseph R. Goodwin on 12/11/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2325; Cases listed on Exhibit A) (brn)
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| Filing 12 MEMORANDUM OF LAW by American Medical Systems, Inc. in support of #11 MOTION by American Medical Systems, Inc. to Dismiss With Prejudice. (Binis, Barbara) |
| Filing 11 MOTION by American Medical Systems, Inc. to Dismiss With Prejudice. (Attachment: #1 Exhibit A)(Binis, Barbara) |
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Filing 10
PRETRIAL ORDER # 268 (Order Re: Mandatory Settlement Conference for Certain Unresolved Cases December 5, 6 and 7, 2018) Directing that settlement conferences will be conducted as follows: 1. For the cases identified on Exhibit A, attached hereto, the court will conduct a mandatory settlement conference in those cases beginning on 12/5/2018, at 9:00 a.m. 2. For the cases identified on Exhibit B, attached hereto, the court will conduct a mandatory settlement conference in those cases beginning on 12/6/2018, at 9:00 a.m. 3. For the cases identified on Exhibit C, attached hereto, the court will conduct a mandatory settlement conference in those cases beginning on 12/7/2018; further directing that (1) individual plaintiffs whose cases are scheduled for a settlement conference shall appear in person for the settlement conference with counsel of record as reflected on the docket sheet for that plaintiff's case; and (2) any plaintiff who fails to comply with this PTO may be subject to a substantial sanction, including dismissal with prejudice. Signed by Judge Joseph R. Goodwin on 11/8/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2325; Cases Identified on Exhibits A, B and C) (kab)
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Filing 9
PRETRIAL ORDER # 267 (Docket Control Order - American Medical Systems, Inc. Wave 4 Cases) The cases on Exhibits A are: 1.) removed from the pending inactive docket; and 2.) placed on the active docket. As to the cases on Exhibits A and B: 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 American Medical Systems, Inc., are named in the cases on Exhibits A and B, the deadlines below also apply to them; 3.) The Clerk will file this Docket Control Order in the main MDL and, as of the time of that filing in the main MDL, every case listed on Exhibits A and B becomes subject to the deadlines in this Docket Control Order; and 4.) The following deadlines immediately apply in all Wave 4 cases with one important exception. If any of the cases on any exhibit were previously on a docket control order and dispositive and Daubert deadlines had passed before such cases became inactive, the parties may not file or refile dispositive or Daubert motions without first seeking leave of court for good cause shown. A. SCHEDULING DEADLINES. The following deadlines shall apply in all AMS Wave 4 cases: Plaintiff Fact Sheets due 11/15/2018; Defendant Fact Sheets due 11/22/2018; Deadline for written discovery requests due 12/21/2018; Expert disclosures served by plaintiffs due 02/22/2019; Expert disclosure served by defendants due 03/22/2019; Expert disclosure served for rebuttal due 03/29/2019; Deposition deadline and close of discovery due 04/29/2019; Filing of dispositive motions due 05/13/2019; Response to dispositive motions due 05/27/2019; Reply to response to dispositive motions due 06/03/2019; Filing of Daubert motions due 05/13/2019; Responses to Daubert motions due 05/27/2019; Reply to response to Daubert motions due 06/03/2019. B. MOTION PRACTICE. 3.) Confidential Documents. Any consolidated motion to seal is due on or before 03/25/2019, and any response is due by 04/09/2019. Any reply is due by 04/15/2019. The court expects full compliance with Local Civil Rule 26.4(c). C. CASES READY FOR TRANSFER, REMAND OR TRIAL 1.) Venue Recommendations. By no later than 04/06/2019, 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 04/13/2019. Signed by Judge Joseph R. Goodwin on 10/31/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2325; AMS Wave 4 cases identified on Exhibits A and B) (ts) (ADI)
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Filing 8
PRETRIAL ORDER # 265 (Order re: Mandatory Settlement Conference for Certain Unresolved Cases) It is ORDERED that: 1.) Counsel for plaintiffs in the cases identified on the attached Exhibit A, who have alleged claims against American Medical Systems, Inc. or Astora Womens Health, LLC are directed to meet and confer with Reisman Karron Greene LLP, settlement counsel for AMS, on or before 11/2/2018, and to engage in good faith discussions about the possibility of settlement. 2.) As to the cases identified on Exhibit B, those cases, to the extent they are on the inactive docket, are returned to the active docket and the Clerk is DIRECTED to remove the inactive flag. Counsel for plaintiffs in the cases identified on Exhibit B, who have alleged claims against American Medical Systems, Inc. or Astora Womens Health, LLC are directed to meet and confer with Reisman Karron Greene LLP, settlement counsel for AMS, on or before 11/2/2018, and to engage in good faith discussions about the possibility of settlement. 3.) Messrs. Aylstock, Garrard, Potts and Thompson and AMS Settlement Counsel are directed to provide a joint written report to the court via email on 11/6/2018, identifying which cases remaining on Exhibits A and B, if any, have not been resolved or dismissed. 4.) On 11/8/2018, the court will enter an order identifying the cases where a settlement conference will be conducted because the case was not resolved or dismissed. That order will identify on which of the following dates the parties in each case must appear for the settlement conference: 12/5/2018, 12/6/2018 or 12/7/2018 or such other date as set by the Court. Each day, the settlement conferences will begin at 9:00 a.m. in Charleston, West Virginia at the Robert C. Byrd United States Courthouse Settlement conferences will continue in each case from day-today and parties should come prepared for evening work. 5.) Individual plaintiffs whose cases are scheduled for a settlement conference shall appear in person for the settlement conference along with counsel of record. 6.) Any plaintiff who fails to comply with this PTO may be subject to a substantial sanction, including dismissal with prejudice. 7.) Cases not settled during the settlement conference will be dealt with by further order. Signed by Judge Joseph R. Goodwin on 10/17/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2325; Cases Listed on Exhibits A-B) (klc)
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| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael J. Farrell on behalf of American Medical Systems, Inc.. (Farrell, Michael) |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Erik W. Legg on behalf of American Medical Systems, Inc.. (Legg, Erik) |
| Filing 5 TRANSMITTED PRETRIAL ORDER # 252 (Order Re: Qualified Settlement Fund - Blizzard & Nabers, LLP) entered on 03/26/2018 in MDL 2325 to attorneys in member case. (mmw) |
| Filing 4 CASE TRANSFERRED IN from the Georgia Northern; Case Number 1:18-cv-01493. Original file certified copy of transfer order and docket sheet received. |
| Filing 3 CONDITIONAL TRANSFER ORDER CTO-224 from the Judicial Panel on Multidistrict Litigation transferring case to District of West Virginia Southern. MDL No. 2325. (rjs) [Transferred from Georgia Northern on 4/23/2018.] |
| Case transferred Electronically to U.S. District Court for the District of West Virginia Southern. (rjs) [Transferred from Georgia Northern on 4/23/2018.] |
| Civil Case Terminated. (rjs) [Transferred from Georgia Northern on 4/23/2018.] |
| Filing 2 Certificate of Interested Persons and Corporate Disclosure Statement by American Medical Systems, Inc., Endo Pharmaceuticals identifying Corporate Parent Endo Health Solutions Inc., Corporate Parent Endo International plc for American Medical Systems, Inc., Endo Pharmaceuticals. (Benjamin, Vonnetta) [Transferred from Georgia Northern on 4/23/2018.] |
| Filing 1 NOTICE OF REMOVAL with COMPLAINT, filed by American Medical Systems, Inc. and Endo Pharmaceuticals. (Filing fee $ 400.00 receipt number 113E-7799325) (Attachments: #1 Exhibit -A, #2 Exhibit -B, #3 Exhibit -C, #4 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. [Transferred from Georgia Northern on 4/23/2018.] |
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