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 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 MagistrateJudge 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.