This case was last updated from U.S. District Courts on 06/14/2022 at 06:33:31 (UTC).

Welborn et al v. Ethicon Inc. et al

Case Summary

On 04/14/2022 Welborn filed a Personal Injury - Medical Malpractice lawsuit against Ethicon Inc. This case was filed in U.S. District Courts, Indiana Northern District Court. The Judges overseeing this case are Philip P Simon and Joshua P Kolar. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:22-CV-00092

  • Filing Date:

    04/14/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Medical Malpractice

Judge Details

Presiding Judge

Philip P Simon

Referral Judge

Joshua P Kolar

 

Party Details

Plaintiffs

Michael Welborn

Rebecca Welborn

Defendants

Ethicon Inc.

Anonymous Healthcare Provider A

Anonymous Healthcare Provider B

Anonymous Healthcare Provider C

Anonymous Healthcare Provider D

Anonymous Healthcare Provider E

Anonymous Healthcare Provider F

Attorney/Law Firm Details

Plaintiff Attorneys

Robert A Langer

Attorney at Langer & Langer

4 Indiana Ave

Valparaiso, IN 46383

Steven L Langer

Attorney at Langer & Langer

4 Indiana Ave

Valparaiso, IN 46383

Defendant Attorneys

Joel Thaddeus Larson, Jr

Attorney at Barnes & Thornburg LLP - Ind/IN

11 S Meridian St Ste 1313

Indianapolis, IN 46204-3535

Steven A Baldwin

Attorney at Barnes & Thornburg LLP - Ind/IN

11 S Meridian St Ste 1313

Indianapolis, IN 46204-3535

Alyssa F Stamatakos

Attorney at Eichhorn & Eichhorn LLP - Ham/IN

2929 Carlson Dr Ste 100, Po Box 2275

Hammond, IN 46323

Elizabeth H Knotts

Attorney at Hill Fulwider PC

One Indiana Square Suite 2400, 211 N Pennsylvania Street

Indianapolis, IN 46204

Sean T Devenney

Attorney at Drewry Simmons Vornehm LLP - Car/IN

736 Hanover Pl Ste 200

Carmel, IN 46032

Mary M Ruth Feldhake

Attorney at Bose McKinney & Evans LLP - Ind/IN

111 Monument Cir Ste 2700

Indianapolis, IN 46204

 

Court Documents

#37

(#37) REPLY to Response to Motion re #21 MOTION to Remand to State Court by Plaintiff filed by Michael Welborn, Rebecca Welborn. (Langer, Robert) (Entered: 06/06/2022)

#36

(#36) REPLY to Response to Motion re #5 MOTION to Sever Claims Brought Against Anonymous Defendants filed by Ethicon Inc.. (Larson, Joel) (Entered: 05/26/2022)

35 #2

Exhibit 2 - Bush Order

35 #1

Exhibit 1 - Baker Order

35 #35

Main Document

#34

(#34) Ethicon's ANSWER to Complaint by Ethicon Inc..(Larson, Joel) (Entered: 05/19/2022)

#31

(#31) MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Sever Claims Brought Against Anonymous Defendants, #21 MOTION to Remand to State Court by Defendant Ethicon Inc.. (Larson, Joel) (Entered: 05/13/2022)

#29

(#29) MOTION to Seal Exhibits Referred to in Plaintiffs' Response and Objection to Motion to Sever Pursuant to N.D. IND. L.R. 5-3(c)(1) by Plaintiffs Michael Welborn, Rebecca Welborn. (Langer, Robert) (Entered: 05/10/2022)

#21

(#31) MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Sever Claims Brought Against Anonymous Defendants, #21 MOTION to Remand to State Court by Defendant Ethicon Inc.. (Larson, Joel) (Entered: 05/13/2022)

#9

(#9) AGREED NOTICE to extend time to file answer filed by Ethicon Inc. ; answer due by May 19, 2022. (Larson, Joel) (Entered: 04/20/2022)

#7

(#7) NOTICE of Appearance by Steven A Baldwin on behalf of Ethicon Inc. (Baldwin, Steven) (Entered: 04/15/2022)

#5

(#28) RESPONSE to Motion re #5 MOTION to Sever Claims Brought Against Anonymous Defendants and Objection filed by Michael Welborn, Rebecca Welborn. (Langer, Robert) (Entered: 05/10/2022)

#4

(#4) CERTIFICATE of Filing in State Court. (Larson, Joel) (Entered: 04/14/2022)

#3

(#3) Corporate Disclosure Statement by Ethicon Inc.. (Larson, Joel) (Entered: 04/14/2022)

#2

(#2) NOTICE of Appearance by Joel Thaddeus Larson, Jr on behalf of Ethicon Inc. (Larson, Joel) (Entered: 04/14/2022)

1 #2

Civil Cover Sheet

1 #1

Exhibit A - State Court Record

1 #1

Main Document

24 More Documents Available

 

Docket Entries

  • 06/06/2022
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  • Docket(#37) REPLY to Response to Motion re #21 MOTION to Remand to State Court by Plaintiff filed by Michael Welborn, Rebecca Welborn. (Langer, Robert) (Entered: 06/06/2022)

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  • 05/26/2022
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  • Docket(#36) REPLY to Response to Motion re #5 MOTION to Sever Claims Brought Against Anonymous Defendants filed by Ethicon Inc.. (Larson, Joel) (Entered: 05/26/2022)

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  • 05/26/2022
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  • Docket(#35) RESPONSE to Motion re #21 MOTION to Remand to State Court (Response in Opposition) filed by Ethicon Inc.. (Attachments: #1 Exhibit 1 - Baker Order, #2 Exhibit 2 - Bush Order)(Larson, Joel) (Entered: 05/26/2022)

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  • 05/19/2022
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  • Docket(#34) Ethicon's ANSWER to Complaint by Ethicon Inc..(Larson, Joel) (Entered: 05/19/2022)

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  • 05/13/2022
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  • Docket(#33) ORDER: Finding good cause shown and noting the agreement of the parties, the Court GRANTS #31 Ethicon's Agreed Motion For Extension of Time Related to Ethicon's Motion to Sever #5 and Plaintiffs' Motion For Remand #21 . The deadlines for Ethicon's Reply in Support of its Motion to Sever #5 and Ethicon's Opposition to Plaintiffs' Motion to Remand #21 are EXTENDED to 5/26/2022. The deadline for Plaintiffs' Reply In Support of their Motion to Remand #21 is EXTENDED to 6/6/2022. Approved by Magistrate Judge Joshua P Kolar on 5/13/2022. Text entry order. (tc) (Entered: 05/13/2022)

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  • 05/13/2022
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  • Docket(#32) ORDER: With the caveat that #29 Plaintiff's Motion to Seal Exhibits Referred to in Plaintiffs' Response and Objection to Motion to Sever does not state the position of defendants regarding the motion, it appears that, as required by controlling Seventh Circuit precedent, e.g. Citizens First Nat'l Bank of Princeton v. Cincinnati Ins. Co., 178 F.3d 943 (7th Cir. 1999), good cause exists for the motion based on confidentiality requirements under applicable state law, IC 34-18-8-7. Accordingly, Plaintiffs' Motion #29 is provisionally GRANTED subject to the filing of a motion to unseal should any party object to the sealing of the documents in question. Absent an objection, Docket No. 30 is to remain under seal until such time as confidentiality under IC 34-18-8-7 is no longer required. Approved by Magistrate Judge Joshua P Kolar on 5/13/2022. Text entry order. (tc) Modified on 5/13/2022 to edit text (tc). (Entered: 05/13/2022)

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  • 05/13/2022
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  • Docket(#31) MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Sever Claims Brought Against Anonymous Defendants, #21 MOTION to Remand to State Court by Defendant Ethicon Inc.. (Larson, Joel) (Entered: 05/13/2022)

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  • 05/10/2022
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  • Docket(#30) Sealed Document re #29 MOTION to Seal Exhibits Referred to in Plaintiffs' Response and Objection to Motion to Sever Pursuant to N.D. IND. L.R. 5-3(c)(1). (Attachments: #1 Exhibit Sealed Ex A DF Anonymous HCP A Answers to PL 1st Set of Rogs, #2 Exhibit Sealed Ex B State Court Complaint, #3 Exhibit Sealed Ex C Operative Reports and Discharge Summary, #4 Exhibit Sealed Ex D Anonymous HCP F Articles of Incorporation, #5 Exhibit Sealed Ex E Proposed Complaint, #6 Exhibit Sealed Ex F DF Anonymous HCP F Answer to PL Rogs, #7 Exhibit Sealed Ex G DF Anonymous HCP F Answers to PL 1st Supp. Rogs, #8 Exhibit Sealed Ex H Amended Proposed Complaint)(Langer, Robert) (Entered: 05/10/2022)

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  • 05/10/2022
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  • Docket(#29) MOTION to Seal Exhibits Referred to in Plaintiffs' Response and Objection to Motion to Sever Pursuant to N.D. IND. L.R. 5-3(c)(1) by Plaintiffs Michael Welborn, Rebecca Welborn. (Langer, Robert) (Entered: 05/10/2022)

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  • 05/10/2022
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  • Docket(#28) RESPONSE to Motion re #5 MOTION to Sever Claims Brought Against Anonymous Defendants and Objection filed by Michael Welborn, Rebecca Welborn. (Langer, Robert) (Entered: 05/10/2022)

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18 More Docket Entries
  • 04/20/2022
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  • Docket(#10) NOTICE of Appearance by Elizabeth H Knotts on behalf of Anonymous Healthcare Provider B (Knotts, Elizabeth) (Entered: 04/20/2022)

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  • 04/20/2022
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  • Docket(#9) AGREED NOTICE to extend time to file answer filed by Ethicon Inc. ; answer due by May 19, 2022. (Larson, Joel) (Entered: 04/20/2022)

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  • 04/19/2022
  • Docket(#8) MINUTE ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge Joshua P Kolar on 4/19/2022. (tc) (Entered: 04/19/2022)

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  • 04/15/2022
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  • Docket(#7) NOTICE of Appearance by Steven A Baldwin on behalf of Ethicon Inc. (Baldwin, Steven) (Entered: 04/15/2022)

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  • 04/15/2022
  • DocketJudge Philip P Simon and Magistrate Judge Joshua P Kolar added. **NEW CASE, MOTION PENDING** (asd) (Entered: 04/15/2022)

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  • 04/14/2022
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  • Docket(#5) MOTION to Sever Claims Brought Against Anonymous Defendants by Defendant Ethicon Inc.. (Larson, Joel) (Entered: 04/14/2022)

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  • 04/14/2022
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  • Docket(#4) CERTIFICATE of Filing in State Court. (Larson, Joel) (Entered: 04/14/2022)

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  • 04/14/2022
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  • Docket(#3) Corporate Disclosure Statement by Ethicon Inc.. (Larson, Joel) (Entered: 04/14/2022)

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  • 04/14/2022
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  • Docket(#2) NOTICE of Appearance by Joel Thaddeus Larson, Jr on behalf of Ethicon Inc. (Larson, Joel) (Entered: 04/14/2022)

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  • 04/14/2022
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  • Docket(#1) NOTICE OF REMOVAL (Filing fee $ 402 receipt number AINNDC-4890568.) from Porter County Superior Court 5, Cause No. 64D05-2203-CT-001912, filed by Ethicon Inc.. (Attachments: #1 Exhibit A - State Court Record, #2 Civil Cover Sheet)(Larson, Joel) (Entered: 04/14/2022)

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