This case was last updated from PACER on 03/26/2020 at 08:54:34 (UTC).

Swavely v. Ethicon, Inc. et al

Case Summary

On 01/24/2020 Swavely filed a Personal Injury - Other Product Liability lawsuit against Ethicon, Inc. This case was filed in U.S. District Courts, Tennessee Western District. The Judges overseeing this case are Tu M. Pham and Sheryl H. Lipman. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:20-CV-02058

  • Filing Date:

    01/24/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

  • Court:

    U.S. District Courts

  • Courthouse:

    Tennessee Western District

Judge Details

Referral Judge

Tu M. Pham

Presiding Judge

Sheryl H. Lipman

 

Party Details

Plaintiff

Terri D. Swavely

Defendants

Ethicon, Inc.

Johnson & Johnson

Attorney/Law Firm Details

Plaintiff Attorney

Paul L. Sadler

Attorney at CARABIN & SHAW

630 Broadway

San Antonio, TX 78215

Defendant Attorneys

Kari L. Sutherland

Attorney at BUTLER SNOW

1200 Jefferson Ave Ste 205, P.O. Box 1138, Oxford

Oxford, MS 38655

Melissa A. Merk

Attorney at DRINKER BIDDLE & REATH

Suite 2000, One Logan Square

Philadelphia, PA 19103-6996

William M. Gage

Attorney at BUTLER SNOW O'MARA STEVENS & CANNADA PLLC

P.O. Box 22567, 17Th Floor, Deposit Guaranty Plaza

Jackson, MS 39225-2567

Eileen Marie Somers

Attorney at DRINKER BIDDLE & REATH

1 Logan Square

Philadelphia, PA 19103

 

Court Documents

#39

(#39) NOTICE of Settlement by Ethicon, Inc., Johnson & Johnson (Sutherland, Kari) (Entered: 02/27/2020)

#37

(#37) MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 150 receipt number ATNWDC-3286451) by Terri D. Swavely. (Sadler, Paul) (Entered: 02/17/2020)

#36

(#36) SCHEDULING ORDER. Signed by Judge Sheryl H. Lipman on 02/13/2020. (shl) (Entered: 02/13/2020)

#35

(#35) NOTICE SETTING TRIAL WITH PRETRIAL PROCEDURES: Jury Trial set for Monday, September 21, 2020 at 9:30 AM in Courtroom 1 - Memphis before Judge Sheryl H. Lipman. Trial expected to last approximately 6-8 days. Proposed Pretrial Order due by Friday, September 4, 2020. Pretrial Conference set for Friday, September 11, 2020 at 9:00 AM in Courtroom 1 - Memphis before Judge Sheryl H. Lipman. (smm) (Entered: 02/13/2020)

#33

(#33) Mail Returned as Undeliverable. Mail sent to William Gage. (Attachments: #1 Envelope) (jld) (Entered: 02/11/2020)

#29

(#30) COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #29 MOTION to Withdraw as Attorney for Melissa A. Merk, Eileen Marie Somers and William M. Gage filed by Johnson & Johnson, Ethicon, Inc. has been filed. For future reference, please note: Filer failed to indicate in the docket text "proposed order submitted". If no order previously emailed to chambers, please do so upon receipt of this notice. Please refer to the #ECF User Manual and #ECF Policies and Procedures. Filer is not required to resubmit document. (jae) (Entered: 01/27/2020)

16 #2

Exhibit B

16 #1

Exhibit A

#16

(#34) Minute Entry for proceedings held before Judge Sheryl H. Lipman: A Status/Scheduling Conference was held on 2/13/2020. On the phone was Paul L. Sadler for the plaintiff. Susanna Moore Moldoveanu, Amy Pepke and Kari L. Sutherland appeared for defendant. The court discussed the dates and deadlines with the parties. Defendant's Motion for Partial Summary Judgment #16 and Defendant's Motion to Withdraw as Attorney #29 were granted. Jury Trial set for Monday, September 21, 2020 at 9:30 AM in Courtroom 1 - Memphis before Judge Sheryl H. Lipman. Trial expected to last approximately 6-8 days. Proposed Pretrial Order due by Friday, September 4, 2020. Pretrial Conference set for Friday, September 11, 2020 at 9:00 AM in Courtroom 1 - Memphis before Judge Sheryl H. Lipman. Scheduling Order to be Entered. (Court Reporter: Candace Covey) (Court Reporter Candace Covey.) (smm) (Entered: 02/13/2020)

#8

(#8) NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Eileen Marie Somers on behalf of Ethicon, Inc., Johnson & Johnson. (Somers, Eileen) [Transferred from West Virginia Southern on 1/24/2020.] (Entered: 04/19/2018)

#7

(#7) NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Terri D. Swavely on June 14, 2018 at 11:30 a.m. (Merk, Melissa) [Transferred from West Virginia Southern on 1/24/2020.] (Entered: 04/19/2018)

#6

(#6) NOTICE OF WITHDRAWAL by Ethicon, Inc., Johnson & Johnson of #4 Notice of Videotaped Deposition (Sutherland, Kari) [Transferred from West Virginia Southern on 1/24/2020.] (Entered: 03/23/2018)

#4

(#6) NOTICE OF WITHDRAWAL by Ethicon, Inc., Johnson & Johnson of #4 Notice of Videotaped Deposition (Sutherland, Kari) [Transferred from West Virginia Southern on 1/24/2020.] (Entered: 03/23/2018)

#5

(#5) 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) [Transferred from West Virginia Southern on 1/24/2020.] (Entered: 02/05/2018)

#3

RESTRICTED

#2

(#2) 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) [Transferred from West Virginia Southern on 1/24/2020.] (Entered: 08/01/2014)

1 #1

Civil Cover Sheet

#1

(#1) SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-3374430. (Attachments: #1 Civil Cover Sheet) (kg) [Transferred from West Virginia Southern on 1/24/2020.] (Entered: 08/01/2014)

123 More Documents Available

 

Docket Entries

  • 02/27/2020
  • View Court Documents
  • Docket(#39) NOTICE of Settlement by Ethicon, Inc., Johnson & Johnson (Sutherland, Kari) (Entered: 02/27/2020)

    Read MoreRead Less
  • 02/18/2020
  • View Court Documents
  • Docket(#38) ORDER granting #37 Motion for Leave to Appear Pro Hac Vice. [**TEXT ORDER ONLY--NO IMAGE ATTACHED.**] Signed by Judge Sheryl H. Lipman on 2/18/20. (Lipman, Sheryl) (Entered: 02/18/2020)

    Read MoreRead Less
  • 02/17/2020
  • View Court Documents
  • Docket(#37) MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 150 receipt number ATNWDC-3286451) by Terri D. Swavely. (Sadler, Paul) (Entered: 02/17/2020)

    Read MoreRead Less
  • 02/13/2020
  • View Court Documents
  • Docket(#36) SCHEDULING ORDER. Signed by Judge Sheryl H. Lipman on 02/13/2020. (shl) (Entered: 02/13/2020)

    Read MoreRead Less
  • 02/13/2020
  • View Court Documents
  • Docket(#35) NOTICE SETTING TRIAL WITH PRETRIAL PROCEDURES: Jury Trial set for Monday, September 21, 2020 at 9:30 AM in Courtroom 1 - Memphis before Judge Sheryl H. Lipman. Trial expected to last approximately 6-8 days. Proposed Pretrial Order due by Friday, September 4, 2020. Pretrial Conference set for Friday, September 11, 2020 at 9:00 AM in Courtroom 1 - Memphis before Judge Sheryl H. Lipman. (smm) (Entered: 02/13/2020)

    Read MoreRead Less
  • 02/13/2020
  • View Court Documents
  • Docket(#34) Minute Entry for proceedings held before Judge Sheryl H. Lipman: A Status/Scheduling Conference was held on 2/13/2020. On the phone was Paul L. Sadler for the plaintiff. Susanna Moore Moldoveanu, Amy Pepke and Kari L. Sutherland appeared for defendant. The court discussed the dates and deadlines with the parties. Defendant's Motion for Partial Summary Judgment #16 and Defendant's Motion to Withdraw as Attorney #29 were granted. Jury Trial set for Monday, September 21, 2020 at 9:30 AM in Courtroom 1 - Memphis before Judge Sheryl H. Lipman. Trial expected to last approximately 6-8 days. Proposed Pretrial Order due by Friday, September 4, 2020. Pretrial Conference set for Friday, September 11, 2020 at 9:00 AM in Courtroom 1 - Memphis before Judge Sheryl H. Lipman. Scheduling Order to be Entered. (Court Reporter: Candace Covey) (Court Reporter Candace Covey.) (smm) (Entered: 02/13/2020)

    Read MoreRead Less
  • 02/11/2020
  • View Court Documents
  • Docket(#33) Mail Returned as Undeliverable. Mail sent to William Gage. (Attachments: #1 Envelope) (jld) (Entered: 02/11/2020)

    Read MoreRead Less
  • 02/05/2020
  • View Court Documents
  • Docket(#32) NOTICE of Appearance by Amy Pepke on behalf of Ethicon, Inc., Johnson & Johnson (Pepke, Amy) (Entered: 02/05/2020)

    Read MoreRead Less
  • 02/05/2020
  • View Court Documents
  • Docket(#31) NOTICE of Appearance by Susanna Moore Moldoveanu on behalf of Ethicon, Inc., Johnson & Johnson (Moldoveanu, Susanna) (Entered: 02/05/2020)

    Read MoreRead Less
  • 01/27/2020
  • View Court Documents
  • Docket(#30) COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #29 MOTION to Withdraw as Attorney for Melissa A. Merk, Eileen Marie Somers and William M. Gage filed by Johnson & Johnson, Ethicon, Inc. has been filed. For future reference, please note: Filer failed to indicate in the docket text "proposed order submitted". If no order previously emailed to chambers, please do so upon receipt of this notice. Please refer to the #ECF User Manual and #ECF Policies and Procedures. Filer is not required to resubmit document. (jae) (Entered: 01/27/2020)

    Read MoreRead Less
19 More Docket Entries
  • 06/04/2018
  • View Court Documents
  • (#10) CERTIFICATE OF SERVICE by Terri D. Swavely for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Sadler, Paul) [Transferred from West Virginia Southern on 1/24/2020.] (Entered: 06/04/2018)

    Read MoreRead Less
  • 05/18/2018
  • View Court Documents
  • (#9) CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for First Set of Interrogatories, Requests for Admissions and Requests for Production to Plaintiff. (Merk, Melissa) [Transferred from West Virginia Southern on 1/24/2020.] (Entered: 05/18/2018)

    Read MoreRead Less
  • 04/19/2018
  • View Court Documents
  • (#8) NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Eileen Marie Somers on behalf of Ethicon, Inc., Johnson & Johnson. (Somers, Eileen) [Transferred from West Virginia Southern on 1/24/2020.] (Entered: 04/19/2018)

    Read MoreRead Less
  • 04/19/2018
  • View Court Documents
  • (#7) NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Terri D. Swavely on June 14, 2018 at 11:30 a.m. (Merk, Melissa) [Transferred from West Virginia Southern on 1/24/2020.] (Entered: 04/19/2018)

    Read MoreRead Less
  • 03/23/2018
  • View Court Documents
  • (#6) NOTICE OF WITHDRAWAL by Ethicon, Inc., Johnson & Johnson of #4 Notice of Videotaped Deposition (Sutherland, Kari) [Transferred from West Virginia Southern on 1/24/2020.] (Entered: 03/23/2018)

    Read MoreRead Less
  • 02/01/2018
  • View Court Documents
  • (#4) NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Robert L. Summit Jr. on 3/19/2018 at 9:00 a.m. (Gage, William) [Transferred from West Virginia Southern on 1/24/2020.] (Entered: 02/01/2018)

    Read MoreRead Less
  • 01/30/2018
  • View Court Documents
  • (#5) 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) [Transferred from West Virginia Southern on 1/24/2020.] (Entered: 02/05/2018)

    Read MoreRead Less
  • 06/22/2017
  • View Court Documents
  • (#3) PLAINTIFF PROFILE FORM filed by Terri D. Swavely. (Sadler, Paul) [Transferred from West Virginia Southern on 1/24/2020.] (Entered: 06/22/2017)

    Read MoreRead Less
  • 08/01/2014
  • View Court Documents
  • (#2) 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) [Transferred from West Virginia Southern on 1/24/2020.] (Entered: 08/01/2014)

    Read MoreRead Less
  • 07/31/2014
  • View Court Documents
  • (#1) SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-3374430. (Attachments: #1 Civil Cover Sheet) (kg) [Transferred from West Virginia Southern on 1/24/2020.] (Entered: 08/01/2014)

    Read MoreRead Less