This case was last updated from U.S. District Courts on 12/26/2020 at 09:25:52 (UTC).

Barton et al v. Ethicon, LLC et al

Case Summary

On 10/27/2020 Barton filed a Personal Injury - Other Product Liability lawsuit against Ethicon, LLC. This case was filed in U.S. District Courts, Alabama Northern District. The Judge overseeing this case is Abdul K Kallon. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:20-CV-01689

  • Filing Date:

    10/27/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

Judge Details

Presiding Judge

Abdul K Kallon

 

Party Details

Plaintiffs

Juanita Barton

James Scott Dean

Defendants

Johnson & Johnson

Ethicon, LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Annie McAdams

1150 Bissonnet Street

Houston, TX 77005

Adam D Peavy

Attorney at FLEMING & ASSOCIATES LLP

1330 Post Oak Blvd, Suite 3030

Houston, TX 77056-3019

Charles E Soechting, Jr

Attorney at SIMON GREENSTONE PANATIER BARTLETT PC

3232 Mckinney Avenue, Suite 610

Dallas, TX 75204

Timothy L. Sifers

Attorney at THE POTTS LAW FIRM

Suite 210, 1901 West 47Th Place

Westwood, KS 66205

K. Camp Bailey

Attorney at BAILEY PERRIN BAILEY

Suite 2100, 440 Louisiana Street

Houston, TX 77002-4206

Derek H. Potts

Attorney at THE POTTS LAW FIRM

Suite 1900, 3737 Buffalo Speedway

Houston, TX 77098

Matthew Scott Parmet

Attorney at PARMET

800 Sawyer Street

Houston, TX 77007

Harris Junell

Attorney at BAILEY PERRIN BAILEY

Suite 2100, 440 Louisiana Street

Houston, TX 77002-4206

T. Scott Allen, Jr.

Attorney at BAILEY PERRIN BAILEY

Suite 2100, 440 Louisiana

Houston, TX 77002

Jay Stuemke

Attorney at SIMON GREENSTONE PANATIER BARTLETT PC

3232 Mckinney Avenue, Suite 610

Dallas, TX 75204

Deborah Kay Levy

Attorney at BAILEY PERRIN BAILEY

The Lyric Centre, Suite 2100, 440 Louisiana Street

Houston, TX 77002

Defendant Attorneys

William M. Gage

Attorney at BUTLER SNOW

P. O. Box 6010

Ridgeland, MS 39158-6010

Kari L. Sutherland

Attorney at BUTLER SNOW

P. O. Box 1138

Oxford, MS 38655

Christy D Jones

Attorney at BUTLER SNOW O'MARA STEVENS & CANNADA PLLC

Deposit Guaranty Plaza, Suite 1700, Po Box 22567

Jackson, MS 39225-2567

David B. Thomas

Attorney at THOMAS COMBS & SPANN

P. O. Box 3824

Charleston, WV 25338-3824

Caroline Dye Walker

Attorney at BUTLER SNOW LLP

One Federal Place, 1819 5Th Avenue North

Birmingham, AL 35203

Susan M. Robinson

Attorney at THOMAS COMBS & SPANN

P. O. Box 3824

Charleston, WV 25338-3824

James C Barton, Jr

Attorney at BUTLER SNOW LLP

1819 5Th Avenue North, Suite 1000, One Federal Place

Birmingham, AL 35203

 

Court Documents

#70

#69

68 #1

*Restricted*

#68

67 #8

Exhibit MDL ECF (8822) Notice of Adoption of Response to Pls Mot to Exclude Tim

67 #7

Exhibit MDL ECF (8755) Notice of Adoption of Pls Mot to Exclude Timothy Ulatows

67 #6

Exhibit MDL ECF (2910) Defs Supp Resp and Notice of Adoption of Resp Regarding

67 #5

Exhibit MDL ECF (7346) Notice of Adoption of Pls Mot to Exclude Timothy Ulatows

67 #3

Exhibit MDL ECF (2134) Defs Resp to Mot to Exclude Timothy Ulatowski

#8

#7

RESTRICTED

#6

#5

#4

#3

#2

1 #1

Civil Cover Sheet

#1

234 More Documents Available

 

Docket Entries

  • 12/22/2020
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  • Docket(#70) ORDER GRANTING #69 MOTION to Withdraw-Accordingly, Christy D. Jones, David B. Thomas, Susan M. Robinson, Kari L. Sutherland, William M. Gage, and James C. Barton, Jr. are withdrawn as counsel of record in this case.This matter is SET for a telephone status conference Wednesday, January 6, 2021 at 3:30 p.m. Counsel shall dial 888-557-8511 and enter access code 4541204 to participate in the call. Signed by Judge Abdul K Kallon on 12/22/2020. (AKD) (Entered: 12/22/2020)

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  • 12/18/2020
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  • Docket(#69) MOTION to Withdraw Christy D. Jones, David B. Thomas, Susan M. Robinson, Kari L. Sutherland, William M. Gage and James C. Barton, Jr. by Ethicon, LLC, Johnson & Johnson. (Walker, Caroline) (Entered: 12/18/2020)

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  • 10/27/2020
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  • Docket(#68) Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-20332. Original file certified copy of transfer order and docket sheet received. (Entered: 10/27/2020)

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  • 10/22/2020
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  • Docket(#67) 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 Mot to Exclude Timothy Ulatowski, #4 Exhibit MDL ECF (2232) Pls Reply to Mot to Exclude Timothy Ulatowski, #5 Exhibit MDL ECF (7346) Notice of Adoption of Pls Mot to Exclude Timothy Ulatowski, #6 Exhibit MDL ECF (2910) Defs Supp Resp and Notice of Adoption of Resp Regarding Timothy Ulatowski, #7 Exhibit MDL ECF (8755) Notice of Adoption of Pls Mot to Exclude Timothy Ulatowski, #8 Exhibit MDL ECF (8822) Notice of Adoption of Response to Pls Mot to Exclude Timothy Ulatowski)(Gage, William) (Modified on 10/23/2020 to add party filers) (mk). [Transferred from West Virginia Southern on 10/27/2020.] (Entered: 10/22/2020)

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  • 10/22/2020
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  • Docket(#66) 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 Support of Mot to Exclude Shelby Thames, #3 Exhibit MDL ECF (2187) Defs Resp to Mot to Exclude Shelby Thames, #4 Exhibit MDL ECF (2247) Pls Reply to 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 Mot to Exclude Shelby Thames, #9 Exhibit MDL ECF (2553) Part 2 Defs Resp to Mot to Exclude Shelby Thames, #10 Exhibit MDL ECF (2553) Part 3 Defs Resp to Mot to Exclude Shelby Thames, #11 Exhibit MDL ECF (2621) Pls Reply to Mot to Exclude Shelby Thames, #12 Exhibit MDL ECF (2839) Part 1 Pls Mot to Exclude Shelby Thames, #13 Exhibit MDL ECF (2841) Pls Mem in Support of Mot to Exclude Shelby Thames, #14 Exhibit MDL ECF (2957) Defs Resp to Mot to Exclude Shelby Thames, #15 Exhibit MDL ECF (3037) Pls Reply to Mot to Exclude Shelby Thames, #16 Exhibit MDL ECF (8071) Pls Mot to Exclude Shelby Thames, #17 Exhibit MDL ECF (8073) Pls Mem in Support of Mot to Exclude Shelby Thames, #18 Exhibit MDL ECF (8791) Notice of Adoption of Pls Mot to Exclude Shelby Thames, #19 Exhibit MDL ECF (8909) Notice of Adoption of Response to Pls Mot to Exclude Shelby Thames)(Gage, William) (Modified on 10/23/2020 to add party filers)(mk). [Transferred from West Virginia Southern on 10/27/2020.] (Entered: 10/22/2020)

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  • 10/22/2020
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  • Docket(#65) JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #56 CONTINUED, MDL ECF (4328) Pls Mot to Exclude Marshall Shoemaker, #2 Exhibit MDL ECF (4329) Pls Mem in Support of Mot to Exclude Marshall Shoemaker, #3 Exhibit MDL ECF (4551) Defs Resp to Mot to Exclude Marshall Shoemaker, #4 Exhibit MDL ECF (8748) Notice of Adoption of Pls Mot to Exclude Marshall Shoemaker, #5 Exhibit MDL ECF (8907) Notice of Adoption of Response to Pls Mot to Exclude Marshall Shoemaker)(Gage, William) (Modified on 10/23/2020 to add party filers) (mk). [Transferred from West Virginia Southern on 10/27/2020.] (Entered: 10/22/2020)

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  • 10/22/2020
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  • Docket(#64) JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #56 CONTINUED, MDL ECF (2425) Pls Mot to Exclude Peter L. Rosenblatt, #2 Exhibit MDL ECF (2428) Pls Mem in Support of Mot to Exclude Peter L. Rosenblatt, #3 Exhibit MDL ECF (2535) Defs Resp to Mot to Exclude Peter L. Rosenblatt, #4 Exhibit MDL ECF (2625) Pls Reply to Mot to Exclude Peter L. Rosenblatt, #5 Exhibit MDL ECF (8739) Notice of Adoption of Pls Mot to Exclude Peter L. Rosenblatt, #6 Exhibit MDL ECF (8893) Notice of Adoption of Response to Pls Mot to Exclude Peter L. Rosenblatt)(Gage, William) (Modified on 10/23/2020 to add party filers) (mk). [Transferred from West Virginia Southern on 10/27/2020.] (Entered: 10/22/2020)

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  • 10/22/2020
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  • Docket(#63) JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #56 CONTINUED, MDL ECF (2087) Pls Mot to Exclude Kimberly Kenton, #2 Exhibit MDL ECF (2088) Pls Mem in Support of Mot to Exclude Kimberly Kenton, #3 Exhibit MDL ECF (2132) Defs Resp to Mot to Exclude Kimberly Kenton, #4 Exhibit MDL ECF (2244) Pls Reply in Support of Mot to Exclude Kimberly Kenton, #5 Exhibit MDL ECF (2939) Defs Resp to Mot to Exclude Kimberly Kenton, #6 Exhibit MDL ECF (8726) Notice of Adoption of Pls Mot to Exclude Kimberly Kenton, #7 Exhibit MDL ECF (8816) Notice of Adoption of Response to Pls Mot to Exclude Kimberly Kenton)(Gage, William) (Modified on 10/23/2020 to add party filers) (mk). [Transferred from West Virginia Southern on 10/27/2020.] (Entered: 10/22/2020)

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  • 10/22/2020
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  • Docket(#62) JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #56 CONTINUED, MDL ECF (8561) Pls Mot to Exclude Charles Hanes, #2 Exhibit MDL ECF (8561) Part 2 Pls Mot to Exclude Charles Hanes, #3 Exhibit MDL ECF (8561) Part 3- MDL ECF (8561) Pls Mot to Exclude Charles Hanes, #4 Exhibit MDL ECF (8564) Pls Mem in Support of Mot to Exclude Charles Hanes, #5 Exhibit MDL ECF (8655) Defs Resp to Mot to Exclude Charles Hanes, #6 Exhibit MDL ECF (8718) Notice of Adoption of Pls Mot to Exclude Charles Hanes, #7 Exhibit MDL ECF (8872) Notice of Adoption of Response to Pls Mot to Exclude Charles Hanes)(Gage, William) (Modified on 10/23/2020 to add party filers) (mk). [Transferred from West Virginia Southern on 10/27/2020.] (Entered: 10/22/2020)

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  • 10/22/2020
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  • Docket(#61) JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #56 CONTINUED, MDL ECF (2047) Part 1 - Defs Mot to Exclude Bruce Rosenzweig, #2 Exhibit MDL ECF (2047) Part 2- Defs Mot to Exclude Bruce Rosenzweig, #3 Exhibit MDL ECF (2047) Part 3- Defs Mot to Exclude Bruce Rosenzweig, #4 Exhibit MDL ECF (2047) Part 4- Defs Mot to Exclude Bruce Rosenzweig, #5 Exhibit MDL ECF (2047) Part 5- Defs Mot to Exclude Bruce Rosenzweig, #6 Exhibit MDL ECF (2047) Part 6- Defs Mot to Exclude Bruce Rosenzweig, #7 Exhibit MDL ECF (2047) Part 7- Defs Mot to Exclude Bruce Rosenzweig, #8 Exhibit MDL ECF (2047) Part 8- Defs Mot to Exclude Bruce Rosenzweig, #9 Exhibit MDL ECF (2047) Part 9- Defs Mot to Exclude Bruce Rosenzweig, #10 Exhibit MDL ECF (2047) Part 10 - Defs Mot to Exclude Bruce Rosenzweig, #11 Exhibit MDL ECF (2047) Part 11 - Defs Mot to Exclude Bruce Rosenzweig, #12 Exhibit MDL ECF (2047) Part 12- Defs Mot to Exclude Bruce Rosenzweig, #13 Exhibit MDL ECF (2047) Part 13 - Defs Mot to Exclude Bruce Rosenzweig, #14 Exhibit MDL ECF (2047) Part 14 - Defs Mot to Exclude Bruce Rosenzweig, #15 Exhibit MDL ECF (2049) Defs Mem in Support of Mot to Exclude Bruce Rosenzweig, #16 Exhibit MDL ECF (2163) Part 1 Pls Resp to Mot to Exclude Bruce Rosenzweig, #17 Exhibit MDL ECF (2163) Part 2 Pls Resp to Mot to Exclude Bruce Rosenzweig, #18 Exhibit MDL ECF (2163) Part 3 Pls Resp to Mot to Exclude Bruce Rosenzweig, #19 Exhibit MDL ECF (2241) - Defs Reply in Support of Mot to Exclude Bruce Rosenzweig, #20 Exhibit MDL ECF (2817) - Defs Mot to Exclude Bruce Rosenzweig, #21 Exhibit MDL ECF (2818) Defs Mem in Support of Mot to Exclude Bruce Rosenzweig, #22 Exhibit MDL ECF (2931) Pls Resp to Mot to Exclude Bruce Rosenzweig, #23 Exhibit MDL ECF (3024) - Defs Reply in Support of Mot to Exclude Bruce Rosenzweig, #24 Exhibit MDL ECF (5332) - Defs Mot to Exclude Bruce Rosenzweig, #25 Exhibit MDL ECF (5333) Defs Mem in Support of Mot to Exclude Bruce Rosenzweig, #26 Exhibit MDL ECF (5482) Pls Resp to Mot to Exclude Bruce Rosenzweig, #27 Exhibit MDL ECF (5548) - Defs Reply in Support of Mot to Exclude Bruce Rosenzweig, #28 Exhibit MDL ECF (8776) - Notice of Adoption of Defs Mot to Exclude Bruce Rosenzweig, #29 Exhibit MDL ECF (8858) Notice of Adoption of Pls' Resp to Defs Mot to Exclude Bruce Rosenzweig)(Gage, William) (Modified on 10/23/2020 to add party filers) (mk). [Transferred from West Virginia Southern on 10/27/2020.] (Entered: 10/22/2020)

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52 More Docket Entries
  • 08/15/2018
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  • Docket(#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) (brn) (ADI) [Transferred from West Virginia Southern on 10/27/2020.] (Entered: 08/28/2018)

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  • 05/24/2018
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  • Docket(#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. 5774 in MDL Case No. 2327 Ethicon. Signed by Judge Joseph R. Goodwin on 5/24/2018. (cc: counsel of record; any unrepresented party) (ts) (ADI) [Transferred from West Virginia Southern on 10/27/2020.] (Entered: 05/24/2018)

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  • 01/30/2018
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  • Docket(#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) (lca) (ADI) [Transferred from West Virginia Southern on 10/27/2020.] (Entered: 02/05/2018)

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  • 06/22/2017
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  • Docket(#7) PLAINTIFF PROFILE FORM filed by Juanita Barton, James Scott Dean. (Sifers, Timothy) [Transferred from West Virginia Southern on 10/27/2020.] (Entered: 06/22/2017)

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  • 03/02/2017
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  • Docket(#6) NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Johnson & Johnson. (Sutherland, Kari) [Transferred from West Virginia Southern on 10/27/2020.] (Entered: 03/02/2017)

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  • 02/24/2016
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  • Docket(#5) NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Johnson & Johnson. (Gage, William) [Transferred from West Virginia Southern on 10/27/2020.] (Entered: 02/24/2016)

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  • 02/18/2014
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  • Docket(#4) NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Johnson & Johnson. (Jones, Christy) [Transferred from West Virginia Southern on 10/27/2020.] (Entered: 02/18/2014)

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  • 08/30/2013
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  • Docket(#3) NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, LLC, Johnson & Johnson. (Thomas, David) [Transferred from West Virginia Southern on 10/27/2020.] (Entered: 08/30/2013)

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  • 07/22/2013
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  • Docket(#2) TRANSMITTED PRETRIAL ORDER # 55 (Defendants' Motion for Protective Order Regarding Sequence and Timing of Depositions) entered on 07/16/2013 in MDL 2327 to attorneys in member case. (jap) [Transferred from West Virginia Southern on 10/27/2020.] (Entered: 07/22/2013)

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  • 07/13/2013
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  • Docket(#1) SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2547762. (Attachment: #1 Civil Cover Sheet) (lab) [Transferred from West Virginia Southern on 10/27/2020.] (Entered: 07/18/2013)

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