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Garcia et al v. Ethicon, Inc. et al, No. 2:13-cv-23019 (S.D.W. Va.)
Case Title: Garcia et al v. Ethicon, Inc. et al
Case Type: Civil Case
Court: U.S. District Court for the Southern District of West Virginia
Index Number(s): 2:2013cv23019, 2:13-cv-23019
Nature of Suit: Personal Inj. Prod. Liability
Judge: Joseph R. Goodwin
Case Opened: September 13, 2013
Docket Entries
Date Filed Dkt # Entry Text
Sep 13, 2013 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2657633. (Attachments: # 1 Notice of Service Under Delayed Filing Agreement, # 2 Civil Cover Sheet) (mmw) (Entered: 09/16/2013)
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Sep 18, 2013 2 TRANSMITTED PRETRIAL ORDER # 54 (Bellwether Case Selections, Rounds 1 and 2) entered on 08/29/2013 in MDL 2326 to attorneys in member case. (cbo)
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Sep 27, 2013 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Bonasso on behalf of Boston Scientific Corporation. (Bonasso, Michael)
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Oct 31, 2013 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jon A. Strongman on behalf of Boston Scientific Corporation. (Strongman, Jon)
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Oct 31, 2013 5 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon A. Strongman on 10/31/2013. Boston Scientific Corporation waiver mailed on 5/31/2013, answer due 7/30/2013. (Strongman, Jon)
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Dec 12, 2013 6 MOTION by Barbara Garcia, Paul Garcia TO TRANSFER this member case from MDL 2326 Boston Scientific to MDL 2327 Ethicon. (Migliori, Donald)
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Dec 12, 2013 7 AMENDED SHORT FORM COMPLAINT filed by Barbara Garcia, Paul Garcia against Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Migliori, Donald)
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Dec 13, 2013 8 ORDER granting 6 MOTION by Barbara Garcia, Paul Garcia TO TRANSFER this member case from MDL 2326 Boston Scientific to MDL 2327 Ethicon. Directing the Clerk to disassociate this civil action as a member case in MDL 2326 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 12/13/2013. (cc: attys; any unrepresented party) (skh)
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Jan 15, 2014 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson. (Thomas, David)
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Jan 30, 2014 10 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, LLC. (Thomas, David)
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Dec 5, 2014 11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy)
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Feb 26, 2016 12 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William)
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Dec 6, 2016 13 VACATED PURSUANT TO THE 14 ORDER ENTERED 12/13/2016: INACTIVE DOCKET ORDER: The court has been advised that the plaintiff(s) and Boston Scientific Corporation have reached a settlement with regard to BSC. All discovery deadlines are continued until further order of the court. The Clerk is directed to retire this case from the active docket. Plaintiff(s) and BSC may submit an agreed order of dismissal with prejudice on or before 6/1/2017; 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. The court will reinstate the case to the active docket if one of the parties shows good cause for such reinstatement. This Order is related to the Proposed Inactive Docket Order filed at ECF No. 2059 in MDL Case No. 2326 Boston. Signed by Judge Joseph R. Goodwin on 12/6/2016. (cc: attys; any unrepresented party) (ts) (Modified on 12/18/2016 to note order has been vacated) (skh).
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Dec 13, 2016 14 ORDER the 13 Inactive Docket Order entered on 12/6/2016 is VACATED as to this civil action only. Signed by Judge Joseph R. Goodwin on 12/13/2016. (cc: counsel of record; any unrepresented party) )REF: MDL 2326; 2:13-cv-23019 Garcia) (kp)
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Mar 10, 2017 15 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari)
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Jun 20, 2017 16 PLAINTIFF PROFILE FORM filed by Barbara Garcia. (Migliori, Donald)
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Jan 30, 2018 17 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) (brn) (Entered: 02/07/2018)
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Apr 16, 2018 18 PRETRIAL ORDER # 293 ORDER REGARDING DISPOSITION OF NON-REVISION GYNECARE TVT PRODUCTS CASES The Motion filed at ECF No. 5313 in MDL 2327 by Ethicon, Inc., Johnson & Johnson for Order Regarding Disposition of Non-Revision Gynecare TVT Products Cases is GRANTED; each Non-Revised Plaintiff identified on the Second Amended Exhibit "A", together with any of her derivative plaintiffs with an existing MDL lawsuit, shall file an election form (Exhibit B to this Order) in each individual case no later than 6/10/2018; the deadlines for discovery and trial preparation procedures are set forth herein. Signed by Judge Joseph R. Goodwin on 4/11/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Cases Listed on the Second Amended Exhibit A)(rmc)
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May 16, 2018 19 PRETRIAL ORDER # 298 FIRST AMENDED ORDER REGARDING DISPOSITION OF NON-REVISION GYNECARE TVT PRODUCTS CASES This amended order revises certain future deadlines and addresses filing instructions regarding the Ethicon Election Form; the Order has been amended at paragraphs 2-5, paragraph 8(B)-(H), and Exhibit B; however, the remainder of this Order is substantively identical to PTO No. 293; if a plaintiff has already filed her Ethicon Election Form pursuant to the deadlines imposed by PTO No. 293, she is not required to re-file an Election Form; if an Election Form has not been filed it must be filed in each individual member case no later than 7/10/2018. Signed by Judge Joseph R. Goodwin on 5/15/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Cases Listed on the Second Amended Exhibit A) (mek) (ADI)
Pretrial Order
Aug 28, 2018 20 SUGGESTION OF DEATH as to Barbara Garcia by Paul Garcia, Barbara Garcia. (Attachments: # 1 Certificate of Service)(Thompson, Fred) (Modified on 9/21/2018 to add party filer) (lca).
Suggestion Of Death

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