United States District Court - Southern District of West Virginia
MDL 2327 Ethicon, Inc., Pelvic Repair System Products Liability Litigation
Honorable Joseph R. Goodwin
United States District Court
Southern District of West Virginia

MDL No. 2327 | In Re Ethicon, Inc., Pelvic Repair System Products Liability Litigation

Current Developments

Updated 4/17/2014

The court entered PTO #114, document 1148 (Hearing on Motion to Deem Requests for Admission Admitted or Compel; Motion to Determine Sufficiency of Answers and Objections to First Requests for Admissions; and Request for Clarification and Reconsideration for Finding of Spoliation and for Sanctions).

Updated 4/15/2014

The court entered PTO #113 (Order Cancelling May 1, 2014 Status Conference and June 12, 2014 Status Conference).

Updated 4/9/2014

The court entered PTO #112 (Initial Order Regarding Severance of Actions).

Updated 3/19/2014

The court entered PTO #111, document 1128 (Hearing on Motion to Deem Requests for Admission Admitted or Compel; Motion to Determine Sufficiency of Answers and Objections to FirstRequests for Admissions; and Request for Clarification and Reconsideration for Finding of Spoliation and for Sanctions).

Updated 3/14/2014

The court entered PTO #110, document 1127 (DOCKET CONTROL ORDER Bellew and Lehrer).

Updated 3/14/2014

The court entered PTO #109, document 1126 (SECOND AMENDED DOCKET CONTROL ORDER ON SECOND ROUND OF BELLWETHERS Huskey and Edwards).

Updated 3/12/2014

The court entered PTO #108, document 1124 (Final Order Regarding Severance of Actions).

Updated 3/10/2014

The court entered PTO #107, document 1123 (Final Order Regarding Severance of Actions).

Updated 3/4/2014

The court entered PTO #106, document 1116 (Daniel J. Christensen and MedStar Funding, LC's Motion to Quash or Modify Subpoenas Issued by Ethicon, Inc.).

Updated 2/27/2014

The court entered PTO #105, document 1110 (Order Appointing Lien Resolution Administrator).

Updated 2/24/2014

The court entered PTO #104, document 1104 (Initial Order Regarding Severance of Actions).

Updated 2/24/2014

The court entered PTO #103, document 1103 (Initial Order Regarding Severance of Actions).

Updated 2/24/2014

The court entered PTO #102, document 1102 (Order Cancelling March 13, 2014, Status Conference).

Updated 2/18/2014

The court entered PTO #101 (SHOW CAUSE ORDER RE: MOTION TO APPOINT LIEN RESOLUTION ADMINISTRATOR).

Updated 2/4/2014

The court entered PTO #100, document 1069 (Plaintiffs' Motion for a Finding of Spoliation and for Sanctions).

Updated 1/30/2014

The court entered PTO #99, document 1062 (Emergency Motion for Protective Order).

Updated 1/29/2014

The court entered PTO #98, document 1057 (Bellwether Case Selections Round III Prolift Trial Plaintiffs and Rescheduling of Trial).

Updated 1/28/2014

The court entered PTO #97, document 1055 (ORDER GRANTING SECOND OMNIBUS MOTION BY PLAINTIFFS TO AMEND THE MEMBERSHIP OF THE PLAINTIFFS’ STEERING COMMITTEE).

Updated 1/21/2014

The court entered PTO #96, document 1050 (Order Cancelling February 6, 2014, Status Conference).

Updated 1/17/2014

The court entered PTO #95, document 1039 (Agreed Order re: Dismissal of Additional Cook Entities in All Cases).

Updated 1/17/2014

The court entered PTO #94, document 1037 (FOURTH AMENDED DOCKET CONTROL ORDER).

Updated 1/17/2014

The court entered PTO #93, document 1036 (Hearing on Motion for a Finding of Spoliation and for Sanctions).

Updated 1/7/2014

The court entered PTO #92 (Stipulated Protective Order Regarding Nonparty Documents).

Updated 1/3/2014

The court entered PTO #91 (THIRD AMENDED ORDER REGARDING DELAYED FILING AND APPLICATION TO THE STATUTE OF LIMITATIONS).

Updated 1/2/2014

The court entered PTO #90, document 1000 (Order Cancelling January 9, 2014, Status Conference).

Updated 12/30/2013

The court entered PTO #89, document 998(Final Order Regarding Severance of Actions).

Updated 12/20/2013

The court entered PTO #88 (SHOW CAUSE ORDER REGARDING DISMISSAL OF ADDITIONAL COOK ENTITIES).

Updated 12/13/2013

The court entered PTO #87, document 973 (Motion to Establish Order of Discovery and Request for In-Person Hearing).

Updated 12/11/2013

The court entered PTO #86, document 966 (THIRD AMENDED DOCKET CONTROL ORDER).

Updated 12/11/2013

The court entered PTO #85, document 965 (Hearing on Motion to Stay Enforcement of Plaintiffs' Subpoena).

Updated 12/6/2013

The court entered PTO #84, document 962 (Order Amending PTO # 4 - Counsel Structure).

Updated 12/6/2013

The court entered PTO #83, document 960 (Order Regarding Severance of Actions).

Updated 11/27/2013

The court entered PTO #82 (Order Cancelling December 5, 2013, Status Conference).

Updated 11/27/2013

The court entered PTO #81, document 946 (Hearing on Motion to Stay Enforcement of Plaintiffs' Subpoena).

Updated 11/22/2013

The court entered PTO #80, document 942 (Final Order Regarding Severance of Actions).

Updated 11/14/2013

The court enters PTO #79, document 932 (REVISED Short Form Complaint and Amended Short Form Complaint re: Addition of Cook Defendants; REVISED Motion to Transfer MDL). The court strongly encourages parties filing in this MDL to carefully review this Order, as it contains important deadlines and filing instructions.

Updated 11/5/2013

The court entered PTO #78, document 916 (Order Regarding Severance of Actions).

Updated 10/23/2013

The court entered PTO #77, document 887 (AMENDED Order Scheduling Future Status Conferences & Other Matters).

Updated 10/10/2013

The court entered PTO #76, document 864 (Final Order Regarding Severance of Actions).

Updated 10/10/2013

The court entered PTO #75, document 863 (First Amended Docket Control Order on Second Round of Bellwethers - Huskey and Edwards).

Updated 10/9/2013

The court entered PTO #74, document 860 (Docket Control Order on Second Round of Bellwethers - Huskey and Edwards).

Updated 10/4/2013

The court entered PTO #73, document 849 (Second Amended Docket Control Order).

Updated 10/2/2013

The court entered PTO #72, document 842 (Order Amending PTO #65 to Require Copies of Complaints Filed Under Delayed Filing Agreements).

Updated 9/30/2013

The court entered PTO #71, document 838 (Scheduling of Discovery Conferences).

Updated 9/30/2013

On September 19, 2013, the court conducted a status conference in the above-referenced MDL. The attached Minute Entry is a summary of events at the status conference.

Updated 9/26/2013

The court entered PTO #70, document 833 (Plaintiffs' Motion to Compel Production of Sales Representative Files).

Updated 9/20/2013

The court entered PTO #69, document 823 (Order Granting Omnibus Motion by Plaintiffs to Amend the Membership of the Plaintiffs’ Steering Committee).

Updated 9/18/2013

The court entered PTO #68, document 820 (Plaintiffs' Motion to Compel OUS Documents and Ethicon's Motion for Protective Order).

Updated 9/17/2013

On May 23, 2013, the court conducted a status conference in the above-referenced MDL. The attached Minute Entry is a summary of events at the status conference.

Updated 9/13/2013

The court entered PTO #67, document 811 (Agreed Order Regarding Severance of Actions).

Updated 9/6/2013

The court entered PTO #66, document 797 (Agreed Order and Stipulation Regarding Hernia Mesh Documents).

Updated 8/29/2013

The court entered PTO #65 (AMENDED ORDER REGARDING DELAYED FILING AND APPLICATION TO THE STATUTE OF LIMITATIONS).

Updated 8/27/2013

The court entered PTO #64, document 757 (ORDER REGARDING SELECTION OF PROLIFT TRIAL PLAINTIFFS).

Updated 8/27/2013

The court entered PTO #63, document 756 (AGREED ORDER AND STIPULATION REGARDING CORPORATE STRUCTURE AND RELATED ISSUES).

Updated 8/26/2013

The court entered PTO #62, document 747 (AGREED ORDER ESTABLISHING MDL 2327 FUND TO COMPENSATE AND REIMBURSE ATTORNEYS FOR SERVICES PERFORMED AND EXPENSES INCURRED FOR MDL ADMINISTRATION AND COMMON BENEFIT).

Updated 8/12/2013

The court entered PTO #61, document 718 (Scheduling of Discovery Conferences).

Updated 8/5/2013

The court entered PTO #60, document 704 (First Amended Docket Control Order).

Updated 8/5/2013

The court entered PTO #59, document 703 (AMENDED Bellwether Case Selections).

Updated 7/26/2013

The court entered PTO #58, document 679 (Plaintiffs' Motion to Compel Responses to First Set of Interrogatories).

Updated 7/25/2013

The court entered PTO #57, document 678 (Bellwether Case Selections).

Updated 7/22/2013

The court entered PTO #56, document 671 (Plaintiff’s’ Motion to Compel Responses to First Set of Interrogatories And First Set of Requests for Production of Documents).

Updated 7/16/2013

The court entered PTO #55, document 665 (Defendants' Motion for Protective Order Regarding Sequence and Timing of Depositions).

Updated 7/16/2013

The court entered PTO #54, document 664 (AMENDED Order Scheduling Future Status Conferences & Other Matters).

Updated 6/12/2013

The court entered PTO #53, document 641 (Agreed Order and Stipulation Regarding Third Party Subpoenas).

Updated 6/12/2013

The court entered PTO #53, document 641 (Agreed Order and Stipulation Regarding Third Party Subpoenas).

Updated 6/12/2013

The court entered PTO #52, document 640 (First Amended Docket Control Order (PTO # 33)).

Updated 6/10/2013

Plaintiffs are reminded that effective June 5, 2013, they must use the newly adopted Short Form Complaint in new direct filed cases and the newly adopted Amended Short Form Complaints (where appropriate) as found on the court's website. The parties are referred to PTOs entered in each MDL on May 29, 2013, adopting new Short Form and Amended Short Form Complaints because of the dismissal of certain Coloplast and Endo entities without prejudice. To the extent plaintiffs who direct file lawsuits continue to use old forms or name parties that no longer are included on Short Form or Amended Short Form Complaints, those parties will be terminated or not readded by the Clerk, and the pleading may be struck from the docket and the case dismissed so that the plaintiff must refile her action and pay a second filing fee. The court has entered a PTO to this effect today.

Updated 6/10/2013

The court entered PTO #51, document 636 (Order re: Termination of Parties No Longer Named in Short Form and Amended Short Form Complaints).

Updated 5/29/2013

The court entered PTO #50, document 623 (Revised Short Form Complaint and Amended Short Form Complaint re: Removal of Coloplast and Endo Entities).

Updated 5/29/2013

The court entered PTO #49, document 622 (STIPULATED AGREED ORDER REGARDING DELAYED FILING AND APPLICATION TO THE STATUTE OF LIMITATIONS).

Updated 5/28/2013

The court entered PTO #48, document 621 (AGREED ORDER RE: DISMISSAL OF COLOPLAST A/S, COLOPLAST MANUFACTURING US, LLC, AND PORGES S.A. IN ALL CASES).

Updated 5/22/2013

The Court has released the agenda for the status conference on May 23, 2013 at 10:00 a.m.

Updated 5/21/2013

On April 18, 2013, the court conducted a status conference in the above-referenced MDL. The attached Minute Entry is a summary of events at the status conference.

Updated 5/20/2013

The court entered ORDER (Re: Defendants' Motion for Reduction of Discovery Pool [ECF 559]).

Updated 5/15/2013

The court entered PTO #47, document 601 (Plaintiffs' Motion to Compel Discovery and for Expedited Hearing).

Updated 5/9/2013

The court entered PTO #46, document 583 (Plaintiffs' Request to Modify Stipulated Pretrial Orders to Allow Access and Exchange of Confidential Information Among MDLs).

Updated 4/25/2013

The court entered PTO #45, document 545 (Preservation Order).

Updated 4/19/2013

The court entered PTO #44, document 537 (Show Cause Order Regarding Dismissal of Coloplast A/S, Coloplast Manufacturing US, LLC, and Porges S.A).

Updated 4/15/2013

The parties are reminded that the Status Conferences currently scheduled for Thursday, April 18 and Thursday, May 23, 2013 have been rescheduled from 1:00 p.m. to 10:00 a.m.

Updated 4/12/2013

On March 21, 2013, the court conducted a status conference in the above-referenced MDL. The attached Minute Entry is a summary of events at the status conference.

Updated 3/15/2013

The court entered PTO #43, document 515 (Order Scheduling Future Status Conferences).

Updated 4/5/2013

The court entered an order, document 498. Discovery matters in the above-referenced multidistrict litigation (MDL) actions and their member cases were previously referred to the Honorable Mary E. Stanley, United States Magistrate Judge, for disposition pursuant to 28 U.S.C. § 636. Judge Stanley has since retired from the bench. Therefore, pending discovery matters in these MDL actions and their member cases that were previously referred to Magistrate Judge Stanley are TRANSFERRED to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for disposition. Further, any future discovery matters in these MDL actions and their member cases are to be REFERRED to Magistrate
Judge Eifert for disposition.

Updated 4/3/2013

The court entered PTO # 42, document 492 (Agreed Order Re: Dismissal of Endo Entities in All Cases). PLEASE NOTE: THE COURT ASKS THAT PARTIES PAY CAREFUL ATTENTION TO THIS PTO. IN CASES PENDING AS OF THE ENTRY OF THIS ORDER, THE COURT WILL DISMISS IN ALL PENDING CASES (WHETHER FILED DIRECTLY OR TRANSFERRED), ALL CLAIMS PENDING AGAINST THE ENDO ENTITIES WITHOUT PREJUDICE. AS TO CASES DIRECTLY FILED IN THE SOUTHERN DISTRICT AFTER THE ENTRY OF THIS ORDER, THE SHORT FORM AND AMENDED SHORT FORM COMPLAINT WILL BE AMENDED SOON TO REMOVE THE ENDO ENTITIES AND EFFECTIVE IMMEDIATELY, THE ENDO ENTITIES SHALL NOT BE NAMED BY SHORT FORM OR AMENDED SHORT FORM COMPLAINT

Updated 3/15/2013

The court entered PTO #41, document 433 (Defendant Fact Sheet).

Updated 3/6/2013

The court entered PTO #40, document 428 (Plaintiff Fact Sheet).

Updated 2/22/2013

On February 7, 2013, the court conducted a status conference in the above-referenced MDL. The attached Minute Entry is a summary of events at the status conference.

Updated 2/21/2013

The court entered PTO #39, document 414 (Show Cause Order Regarding Dismissal of Endo Entities).

Updated 2/19/2013

The court entered PTO #38, document 409 (Deposition Protocol).

Updated 2/5/2013

Although the status conference scheduled for February 7th at 1:00 p.m. has been cancelled as to the Coloplast MDL, it is scheduled to go forward as to MDL 2187, 2325, 2326 and 2327.

Updated 1/25/2013

The court entered PTO #37, document 400 (Revised Verifications and Authorizations Attached to Plaintiff Profile Form). Plaintiffs should immediately begin utilizing the verifications and authorizations found above under forms.

Updated 1/24/2013

The court entered PTO #36, document 398 (Transfer to District of Columbia of Plaintiffs' Motion to Compel AdvaMed's Response to Subpoena).

Updated 1/23/2013

The court entered PTO #35, document 395 (Order Scheduling Future Status Conferences).

Updated 1/22/2013

The court entered PTO #34, document 392 (Order Updating Leadership Counsel Contact Information for MDLs 2187, 2325, 2326, 2327 and 2387).

Updated 1/18/2013

The court entered PTO #33, document 386 (DOCKET CONTROL ORDER).

Updated 1/18/2013

The court entered PTO #32, document 384 (Plaintiffs’ Motion to Compel AdvaMed’s Response to Subpoena).

Updated 1/16/2013

The court entered PTO #31, document 378 (Order Severing Actions).

Updated 1/8/2013

The court entered PTO #30, document 371 (Order Cancelling January 10, 2013, In Chambers Conference and Status Conference).

Updated 1/8/2013

The court entered PTO #29, document 369 (Revised Short Form Complaint and Amended Short Form Complaint re: Removal of Analytic Biosurgical Solutions (“ABISS”)).

Updated 1/3/2013

The court entered PTO #28, document #366 (Order Scheduling In Chambers Conference Regarding Docket Control Orders). "Docket Control Orders" refers to Scheduling Orders.

Updated 12/20/2012

On December 6, 2012, the court conducted a status conference in the above-referenced MDL. The attached Minute Entry is a summary of events at the status conference.

Updated 12/20/2012

The court entered PTO #27, document #364 (Correction to PTO #25, Change to Signature and Initialing Requirements re: Plaintiff Profile Forms (PTO #17)).

Updated 12/17/2012

The court entered PTO #26, document #360 (Revised Short Form Complaint and Amended Short Form Complaint re: Addition of Coloplast, et al.; Revised Motion to Transfer MDL).

Updated 12/12/2012

The court entered PTO #25, document #354 (Change to Signature and Initialing Requirements re: Plaintiff Profile Forms (PTO #17)).

Updated 11/28/2012

The court entered PTO #24, document #332 (Order Severing Actions Pursuant to PTO #23).

Updated 11/15/2012

The court entered PTO #23, document #326 (Agreed Order Regarding Severance of Actions).

Updated 11/2/2012

The court entered PTO #22, document #315 (Order for Submission of Bellwether Trial Plan).

Updated 10/29/2012

The court entered PTO #21, document #305 (Order Cancelling November 2, 2012, Status Conference).

Updated 10/29/2012

The court entered PTO #20, document #303 (Waiver of Service for Ethicon, Inc. and Johnson & Johnson), which relates to defendants Ethicon, Inc. and Johnson & Johnson, BUT NOT Ethicon, LLC.

Updated 10/23/2012

The court entered PTO #19, document #294 (Order Amending PTO #16, Scheduling & Rescheduling Future Status Conferences).

Updated 10/4/2012

The court entered PTO #18, document #282 (Agreed Order Regarding Management of Timekeeping, Cost Reimbursement and Related Common Benefit Issues).

Updated 10/4/2012

The court entered PTO #17, document #281 (Plaintiff Profile Forms, Plaintiff Fact Sheet, and Defendant Fact Sheets).

Updated 9/26/2012

The court entered PTO #16, document #260 (Scheduling & Rescheduling Future Status Conferences).

Updated 9/26/2012

The court entered PTO #15, document #267 (New Direct Filing Order; Amended Master Complaint, Short Form Complaint, Amended Short Form Complaint and Master Responsive Pleadings).

Plaintiff's counsel should review this PTO carefully before filing additional Short Form or Amended Short Form Complaints. Please note that there are new forms under the "forms" section above as noted in the PTO.

Updated 9/20/2012

On September 13, 2012, the court conducted a status conference. Parties may order a transcript of the conference by contacting the court reporter, Lisa Cook, at lisa_cook@wvsd.uscourts.gov. The attached Minute Entry is a summary of events at the status conference.

Updated 8/31/2012

The court entered PTO #14, document #237 (Amended Master Complaint and Master Responsive Pleadings; Direct Filing).

Updated 8/30/2012

The court entered PTO #13, document #235 (Stipulation for the Production of Documents and Electronically Stored Information).

Updated 8/22/2012

The court entered PTO #12, document #218 (Master and Short Form Complaint and Master Responsive Pleadings; Direct Filing).

Updated 7/30/2012

The court entered PTO #11, document #204 (Stipulated Protective Order).

Updated 6/14/2012

The court entered PTO #10, document #174 (Order Lifting Stay on Discovery).

Updated 6/5/2012

The court entered an order, document #165, filing a letter dated 6/4/2012 from counsel for Ethicon, Inc., document #166.

Updated 6/1/2012

The court entered PTO #9, document #160 (Scheduling Future Status Conferences).

Updated 5/31/2012

The court entered PTO #8, document #158 (Uniform Certificate of Service).

Updated 5/16/2012

The court entered PTO #7, document #151 (Change of Court Contact Information).

Updated 5/4/2012

The court entered PTO #6, document #145 (Revised PSC List).

Updated 4/24/2012

The court entered PTO #5, document #135 (Status Conference).

Updated 4/17/2012

The court entered PTO #4, document #120 (Initial Hearing Summary - Counsel Structure, Procedural and Discovery Issues and Future Status Conferences).

Updated 4/13/2012

The court reporter for today's initial hearing was Teresa Harvey. She can be contacted at the U.S. District Court , Southern District of West Virginia, Beckley, WV 25801; Phone 304-254-8052 or cell at 304-575-5995 to order a copy of the transcript.

Updated 4/9/2012

The court entered PTO #3, document #110 (Initial Hearing - Participation by Telephone).

Updated 3/29/2012

The court entered PTO #2, document #67 (PSC Application Process).

Updated 2/29/2012

The Court finds that the civil actions transferred to this court merit special attention as complex litigation; setting initial pretrial conference at 9:00 AM on 4/13/2012; directing parties to fax or submit to the Court any suggestions regarding case management orders or additional agenda items by 4/6/2012; plaintiffs and defendants shall submit to the Court by 4/6/2012 a brief written position statement, which will not be filed with the Clerk of the court, indicating their preliminary understanding of the facts involved in the litigation and the critical factual and legal issues; the parties' statement will include an attachment, which will also be filed with the Clerk's office as directed herein, detailing motions pending in the member cases at the time of their transfer to this court by the Panel; each party represented by counsel shall appear at the initial pretrial conference through counsel and unrepresented parties must appear in person; prior to the initial pretrial conference, service of all papers shall be made on counsel of record appearing in these cases; at the conference, the parties shall present to the court a comprehensive list of attorneys, their information, and the party with which each is associated; liaison counsel are responsible for service of this order and future documents on opposing pro se parties; counsel who appeared in a transferor court prior to transfer need not enter an additional appearance before this court; attorneys admitted to practice and in good standing in a U. S. District Court are admitted pro hac vice in this litigation and the requirements of Local Rule of Civil Procedure 83.6 are waived; association of local counsel is not required; discovery disputes are referred to the Honorable Mary E. Stanley, United States Magistrate Judge; recommendations regarding liaison counsel shall be submitted to the Court prior to the initial conference; applications/nominations for the Plaintiffs' Steering Committee due on/before 3/30/2012 and objections thereto due on/before 4/6/2012; unless otherwise ordered, counsel must communicate with the court in writing, with courtesy copies to counsel; communications and submissions which are not to be filed with Clerk may be sent to angie_volk@wvsd.uscourts.gov; significant orders and opinions will be published on the court's website at www.wvsd.uscourts.gov/MDL/ethicon, which repository may not include a complete inventory of all orders and opinions.

 
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