Kerrigan et al v. Johnson & Johnson Inc et al

Filing 36

ORDER denying 19 Motion for Summary Judgment. Defendants must designate their experts by 8/27/12. Any rebuttal expert must be designated by 9/4/12. John Does I-X are dismissed without prejudice. This case is first-out for trial on 12/10/12. Signed by Judge D. P. Marshall Jr. on 8/16/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
WARREN KERRIGAN

v.

PLAINTIFF

No. 4:11-cv-53-DPM

JOHNSON & JOHNSON, INC.;
ETHICON, INC.; and JOHN DOES 1-X

DEFENDANTS

ORDER
1. Defendants' motion for summary judgment, Document No. 19, is
denied. Dr. Cash's opinion, as twice supplemented, suffices on causation, at
least as to the negligence claim. And the opinion has an adequate (though
thin) foundation. Defendants must designate their experts by 27 August 2012.
Any rebuttal expert must be designated by 4 September 2012. The Court's
decision is without prejudice to a dispositive motion addressing the strictliability, warnings, and warranty claims.
2. Kerrigan has not identified the John Does, and the deadline to amend
pleadings has passed. John Does 1-X are therefore dismissed without
prejudice.
3. This case is now first-out for trial on December lOth.

So Ordered.

D.P. Marshall J .
United States District Judge

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