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17-3930 - Herrera-Nevarez v. Ethicon, Inc.


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17-3930 - Herrera-Nevarez v. Ethicon, Inc.
August 25, 2016
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MEMORANDUM OPINION AND ORDER (Daubert Motion re: Timothy Ulatowski) The court GRANTS in part, DENIES in part, and RESERVES in part the DAUBERT MOTION filed in MDL 2327 by Certain Plaintiffs in Wave 1 Cases to Exclude the Opinions of FDA Expert Timothy Ulatowski, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 8/25/2016. (cc: attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit) (bdr) [Transferred from West Virginia Southern on 5/24/2017.]
August 25, 2016
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MEMORANDUM OPINION AND ORDER (Daubert Motion re: Peggy Pence, Ph.D.) The court DENIES in part, GRANTS in part, and RESERVES in part the Motion filed in MDL 2327 by Ethicon, Inc., Johnson & Johnson to Exclude Peggy Pence, Ph.D. in Wave 1 Cases, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 8/25/2016. (cc: attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit) (ts) [Transferred from West Virginia Southern on 5/24/2017.]
August 26, 2016
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MEMORANDUM OPINION AND ORDER (Daubert Motion re: Daniel Elliott, M.D.) The court DENIES in part, GRANTS in part, and RESERVES in part the Motion filed in MDL 2327 to Exclude Certain General Opinions of Daniel Elliott, M.D., as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 8/26/2016. (cc: attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit) (bdr) [Transferred from West Virginia Southern on 5/24/2017.]
August 26, 2016
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MEMORANDUM OPINION AND ORDER (Daubert Motion re: Bruce Rosenzweig, M.D.) The court DENIES in part, GRANTS in part, and RESERVES in part the Motion filed in MDL 2327 by Ethicon, Inc., Johnson & Johnson to Exclude Certain General Opinions of Bruce Rosenzweig, M.D. in Wave 1 Cases, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 8/26/2016. (cc: attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit) (kll) [Transferred from West Virginia Southern on 5/24/2017.]
August 30, 2016
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MEMORANDUM OPINION AND ORDER (Daubert Motion re: Denise Elser, M.D.) The court DENIES as moot in part, GRANTS in part, and RESERVES in part the Motion filed in MDL 2327 by Certain Plaintiffs in Wave 1 Cases to Exclude Certain Opinions and Testimony of Denise Elser, M.D., as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 8/30/2016. (cc: attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit) (bdr) [Transferred from West Virginia Southern on 5/24/2017.]
August 31, 2016
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MEMORANDUM OPINION AND ORDER (Daubert Motion re: Scott A. Guelcher, Ph.D.) The court DENIES in part, GRANTS in part, and RESERVES in part the Motion filed in MDL 2327 by Ethicon, Inc., Johnson & Johnson to Exclude the Opinions and Testimony of Scott A. Guelcher, Ph.D. in Wave 1 Cases, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 8/31/2016. (cc: attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit) (kll)[Transferred from West Virginia Southern on 5/24/2017.]
August 31, 2016
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MEMORANDUM OPINION AND ORDER (Daubert Motion re: Howard Jordi, Ph.D.) The court DENIES in part, GRANTS in part, and RESERVES in part the Motion filed in MDL 2327 by Ethicon, Inc., Johnson & Johnson to Exclude the Opinions and Testimony of Howard Jordi, Ph.D. in Wave 1 Cases, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 8/31/2016. (cc: attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit) (mmw) [Transferred from West Virginia Southern on 5/24/2017.]
September 2, 2016
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MEMORANDUM OPINION AND ORDER (Daubert Motion re: Steven MacLean, Ph.D., P.E.) The court DENIES in part, RESERVES in part, and GRANTS in part the Daubert Motion filed in MDL 2327 by Certain Plaintiffs in Wave 1 Cases to Exclude or, in the Alternative, to Limit the Opinions and Testimony of Steven MacLean, Ph.D., P.E., as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 9/2/2016. (cc: attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit) (mmw)[Transferred from West Virginia Southern on 5/24/2017.]
January 19, 2017
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MEMORANDUM OPINION AND ORDER (Motions in Limine) The 127 Motion in Limine Nos. 14 - 38 is GRANTED in part as to Motion in Limine No. 14 and any other conceded motion therein; the remainder of the Motion is DENIED without prejudice; the 118 Motion in Limine is GRANTED in part as to Motion in Limine No. 2 and any other conceded motion therein; the remainder of the Motion is DENIED without prejudice; the 120 Motion to Exclude Evidence of Plaintiffs Allegations of Spoliation is GRANTED; the 137 Motion for Leave to File a Reply is DENIED as moot; the 122 MOTION in Limine No. 1 is GRANTED in part where it is conceded and otherwise DENIED without prejudice; the 123 MOTION in Limine No. 2 is GRANTED in part where it is conceded and otherwise DENIED without prejudice; the 124 MOTION in Limine No. 3 is GRANTED in part where it is conceded and otherwise DENIED without prejudice; the 125 MOTION in Limine No. 4 is GRANTED in part where it is conceded and otherwise DENIED without prejudice; and the 126 MOTION in Limine Nos. 5 - 13 is GRANTED in part where it is conceded and otherwise DENIED without prejudice. Signed by Judge Joseph R. Goodwin on 1/19/2017. (cc: counsel of record; any unrepresented party) (kp)[Transferred from West Virginia Southern on 5/24/2017.]
January 26, 2017
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MEMORANDUM OPINION AND ORDER (Defendants' Motion for Partial Summary Judgment) The 102 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment on All Claims is GRANTED with regard to the following claims: Count II (Strict Liability - Manufacturing Defect), Count IV (Strict Liability - Defective Product), Count VIII (Constructive Fraud), Count XII (Breach of Implied Warranty of Fitness for a Particular Purpose), and Count XIII (Violation of Consumer Protection Laws), and DENIED in all other respects, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 1/26/2017. (cc: counsel of record; any unrepresented party) (ts) [Transferred from West Virginia Southern on 5/24/2017.]
January 26, 2017
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MEMORANDUM OPINION AND ORDER (Daubert Motion re: Bruce Rosenzweig, M.D.) The 108 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Specific-Causation Testimony of Bruce Rosenzweig, M.D. is DENIED in part and RESERVED in part, as more fully set forth herien. Signed by Judge Joseph R. Goodwin on 1/26/2017. (cc: counsel of record; any unrepresented party) (ts) [Transferred from West Virginia Southern on 5/24/2017.]
June 15, 2017
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MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 6/15/2017: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court denies defendants' motion for summary judgment [dkt. no. 179]. The Court also denies Herrera-Nevarez's request for sanctions. (mk)
August 6, 2017
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ORDER ON MOTIONS IN LIMINE signed by the Honorable Matthew F. Kennelly on 8/6/2017. The Court rules on the parties motions in limine as stated in the accompanying order. Final ruling on two motions (defendants' motions 6 and 9) is deferred pending further discussion as stated in the order. The matter is set for a status hearing on 8/8/2017 at 9:30 AM. (mk)
March 23, 2018
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MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 3/23/2018: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court denies defendants' renewed motion for judgment as a matter of law [dkt. no 321] and denies plaintiff's motion for a new trial [dkt. no. 322]. Defendants' motion for judgment as a matter of law [dkt. no. 296] and prior renewed motion for judgment as a matter of law [dkt. no. 311] are terminated as moot. Lastly, the Court grants plaintiff's bill of costs in part and denies it in part [dkt. no. 326]. The Court will tax defendants $28,813.63, plus the recalculated cost of fees for printed or electronically recorded transcripts (claimed as "fees of the court reporter" in the bill of costs). Herrera is to provide the requested recalculation within five days of entry of this order. The remainder of the bill of costs is overruled. (mk)