This case was last updated from PACER on 08/01/2020 at 10:50:43 (UTC).

YELINEK V ETHICON, INC. ET AL

Case Summary

On 06/02/2020 YELINEK filed a Personal Injury - Other Product Liability lawsuit against ETHICON, INC. This case was filed in U.S. District Courts, Pennsylvania Western District. The Judge overseeing this case is Nora Barry Fischer. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:20-CV-00799

  • Filing Date:

    06/02/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

  • Court:

    U.S. District Courts

  • Courthouse:

    Pennsylvania Western District

Judge Details

Presiding Judge

Nora Barry Fischer

 

Party Details

Plaintiff

NANCY YELINEK

Defendants

JOHNSON & JOHNSON

ETHICON INC.

Attorney/Law Firm Details

Plaintiff Attorneys

Jesse A. Drumm

Attorney at Friday & Cox, LLC

1405 Mcfarland Road

Pittsburgh, PA 15216

John K. Bryan

Attorney at Friday & Cox, LLC

1405 Mcfarland Road

Pittsburgh, PA 15216

Joshua S. Licata

Attorney at Friday & Cox, LLC.

1405 Mcfarland Road

Pittsburgh, PA 15216

Defendant Attorneys

William M. Gage

Attorney at BUTLER SNOW

P. O. Box 6010

Ridgeland, MS 39158-6010

Rebecca L. Trela

Attorney at DRINKER BIDDLE & REATH

Suite 2000, One Logan Square

Philadelphia, PA 19103

David B. Thomas

Attorney at THOMAS COMBS & SPANN

P. O. Box 3824

Charleston, WV 25338-3824

Melissa A. Graff

Attorney at DRINKER BIDDLE & REATH

Suite 2000, One Logan Square

Philadelphia, PA 19103-6996

Susan M. Robinson

Attorney at THOMAS COMBS & SPANN

P. O. Box 3824

Charleston, WV 25338-3824

Philip J. Combs

Attorney at Thomas Combs & Spann, PLLC

300 Summers Street, Suite 1380 (25301), P.O. Box 3824

Charleston, WV 25338

Christy D. Jones

Attorney at BUTLER SNOW

P. O. Box 6010

Ridgeland, MS 39158-6010

Michael A. Muha

Attorney at Dickie, McCamey & Chilcote, P.C.

Two Ppg Place, Suite 400

Pittsburgh, PA 15222

Richard McLure Dye

Attorney at Buter Snow, LLP

1020 Highland Colony Parkway, Ste. 1400

Ridgeland, MS 39157

Frederick W. Bode, III

Attorney at Dickie, McCamey & Chilcote

Two Ppg Place, Suite 400

Pittsburgh, PA 15222-5402

Kristen Hock Prex

Attorney at Dickie, McCamey & Chilcote, P.C.

Two Ppg Place, Suite 400

Pittsburgh, PA 15222-5402

 

Court Documents

42 #1

Exhibit A

#42

(#42) AMENDED PROTECTIVE ORDER (details more fully stated in said Order). Signed by Judge Nora Barry Fischer on 7/24/2020. (Attachments: #1 Exhibit A) (bdk) (Entered: 07/24/2020)

40 #2

Exhibit A

40 #1

Proposed Order

#40

(#40) Consent MOTION for Leave to File Amended Protective Order by ETHICON INC., JOHNSON & JOHNSON. (Attachments: #1 Proposed Order, #2 Exhibit A) (Bode, Frederick) (Entered: 07/24/2020)

#39

(#39) Notice of Mediation by THOMAS T. FRAMPTON. Mediation Date January 19, 2021 at 10:00 a.m., Goehring, Rutter & Boehm, Waterfront Corporate Park, 2100 Georgetowne Drive, Suite 300, Sewickley, PA 15143 (Frampton, Thomas) (Entered: 07/02/2020)

#38

DOCUMENT UNAVAILABLE

37 #1

Exhibit A

#37

(#37) Order granting #36 STIPULATED PROTECTIVE ORDER by ETHICON INC., JOHNSON & JOHNSON. Details more fully stated in the order. Signed by Judge Nora Barry Fischer on 6/30/20. (Attachments: #1 Exhibit A) (cjo) (Entered: 06/30/2020)

#8

RESTRICTED

#7

RESTRICTED

#6

(#9) NOTICE OF WITHDRAWAL by Ethicon, Inc., Johnson & Johnson of #6 Notice of Videotaped Deposition (Gage, William) (Entered: 03/27/2018)

#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) (ts) (ADI) (Entered: 02/07/2018)

#4

(#4) NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) (Entered: 10/30/2017)

#3

(#3) NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson. (Thomas, David) (Entered: 10/24/2017)

#2

(#2) TRANSMITTED PRETRIAL ORDER # 272 (Order: Approval of Qualified Settlement Fund for Smith Stag, LLC) entered on 09/29/2017 in MDL 2327 to attorneys in member case. (crg) (Entered: 10/05/2017)

1 #1

Civil Cover Sheet

#1

(#1) SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-6009796. (Attachment: #1 Civil Cover Sheet) (rec) (Entered: 10/04/2017)

61 More Documents Available

 

Docket Entries

  • 07/24/2020
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  • Docket(#42) AMENDED PROTECTIVE ORDER (details more fully stated in said Order). Signed by Judge Nora Barry Fischer on 7/24/2020. (Attachments: #1 Exhibit A) (bdk) (Entered: 07/24/2020)

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  • 07/24/2020
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  • Docket(#41) ORDER granting Defendants' Consented to Motion for Leave to File Amended Protective Order (Docket No. #40 ), good cause having been shown. Signed by Judge Nora Barry Fischer on 07/24/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (nls) (Entered: 07/24/2020)

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  • 07/24/2020
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  • Docket(#40) Consent MOTION for Leave to File Amended Protective Order by ETHICON INC., JOHNSON & JOHNSON. (Attachments: #1 Proposed Order, #2 Exhibit A) (Bode, Frederick) (Entered: 07/24/2020)

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  • 07/02/2020
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  • Docket(#39) Notice of Mediation by THOMAS T. FRAMPTON. Mediation Date January 19, 2021 at 10:00 a.m., Goehring, Rutter & Boehm, Waterfront Corporate Park, 2100 Georgetowne Drive, Suite 300, Sewickley, PA 15143 (Frampton, Thomas) (Entered: 07/02/2020)

    Read MoreRead Less
  • 07/02/2020
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  • Docket(#38) Notice of Mediation by ETHICON INC., JOHNSON & JOHNSON. Mediation Date 01/19/2021 at 9:30 a.m. (Bode, Frederick) Modified on 7/6/2020, removed from public view, filed at #39 (jd). (Entered: 07/02/2020)

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  • 06/30/2020
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  • Docket(#37) Order granting #36 STIPULATED PROTECTIVE ORDER by ETHICON INC., JOHNSON & JOHNSON. Details more fully stated in the order. Signed by Judge Nora Barry Fischer on 6/30/20. (Attachments: #1 Exhibit A) (cjo) (Entered: 06/30/2020)

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  • 06/30/2020
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  • Docket(#36) STIPULATED PROTECTIVE ORDER by ETHICON INC., JOHNSON & JOHNSON. (Attachments: #1 Exhibit) (Bode, Frederick) (Entered: 06/30/2020)

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  • 06/30/2020
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  • Docket(#35) CASE MANAGEMENT ORDER: Exchange of required Rule 26(a)(1) information due by 7/31/2020; Fact Discovery due by 1/29/2021; Amended Pleadings or Additional Parties due by 7/3/2020; Status Reports due by 8/26/20, 10/20/20, and 12/19/20; Telephonic Post Fact Discovery Status Conference set for 2/2/2021 at 04:30 PM before Judge Nora Barry Fischer. Details more fully stated in the order. Signed by Judge Nora Barry Fischer on 6/30/20. (cjo) (Entered: 06/30/2020)

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  • 06/30/2020
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  • Docket(#34) ORDER REFERRING CASE to Mediation. Hon. Thomas Frampton is appointed as mediator. ADR conference(s) shall be concluded on or before 1/31/21, unless extended by order of the Court. Frederick W. Bode, III, Esq. is designated as lead counsel and shall be responsible for filing a notice indicating the date, time and location of the ADR session as well as the principals from each party with full settlement authority, who will be in attendance at the ADR session, has been electronically filed with the Court by 7/7/20. Details more fully stated in the order. Signed by Judge Nora Barry Fischer on 6/30/20. (cjo) (Entered: 06/30/2020)

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  • 06/30/2020
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  • Docket(#33) Minute Entry for proceedings held before Judge Nora Barry Fischer: Case Management Conference held on 6/30/2020. the Court ordered that fact discovery should close by 1/29/2021, good cause having been shown. Good cause was shown for the parties to exceed ten depositions and for there to be forty interrogatories, requests for production, and requests for admission. To the extent that an extension of the period for discovery is sought, the parties were directed to file a motion in accordance with the Courts Case Management Order.With respect to ADR, the parties have selected mediation with Hon. Thomas Frampton. Frederick W. Bode, III, Esq. was designated as lead counsel and directed to file a notice with the Court by 7/7/2020, advising of the date, time, and location of the ADR session as well as the principals from each party with full settlement authority who will be in attendance at the ADR session. Appropriate Orders follow. (cjo) (Entered: 06/30/2020)

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22 More Docket Entries
  • 04/09/2018
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  • Docket(#10) NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Nancy Yelinek on May 22, 2018 at 2:00 p.m. (Merk, Melissa) (Entered: 04/09/2018)

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  • 03/27/2018
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  • Docket(#9) NOTICE OF WITHDRAWAL by Ethicon, Inc., Johnson & Johnson of #6 Notice of Videotaped Deposition (Gage, William) (Entered: 03/27/2018)

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  • 03/19/2018
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  • Docket(#8) PLAINTIFF FACT SHEET filed by Nancy Yelinek. (Drumm, Jesse) (Entered: 03/19/2018)

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  • 03/01/2018
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  • Docket(#7) PLAINTIFF PROFILE FORM filed by Nancy Yelinek. (Drumm, Jesse) (Entered: 03/01/2018)

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  • 02/07/2018
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  • Docket(#6) NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Firooz M. Taghizadeh on 3/5/2018 at 9:00 a.m. (Combs, Philip) (Entered: 02/07/2018)

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  • 01/30/2018
  • View Court Documents
  • Docket(#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) (ts) (ADI) (Entered: 02/07/2018)

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  • 10/30/2017
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  • Docket(#4) NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) (Entered: 10/30/2017)

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  • 10/24/2017
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  • Docket(#3) NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson. (Thomas, David) (Entered: 10/24/2017)

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  • 10/05/2017
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  • Docket(#2) TRANSMITTED PRETRIAL ORDER # 272 (Order: Approval of Qualified Settlement Fund for Smith Stag, LLC) entered on 09/29/2017 in MDL 2327 to attorneys in member case. (crg) (Entered: 10/05/2017)

    Read MoreRead Less
  • 10/03/2017
  • View Court Documents
  • Docket(#1) SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-6009796. (Attachment: #1 Civil Cover Sheet) (rec) (Entered: 10/04/2017)

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