Funderburke v. Ethicon, Inc. et al

Filing 4

MDL ORDER OF REMAND returning civil action to Western District of NC from Southern District of West Virginia MDL 2327 (2:12cv957). (Attachments: # 1 JOINT DESIGNATION OF NON-PTO FILINGS by Ethicon, Inc., Johnson & Johnson, Betty Funderburke, # 2 AMENDED JOINT DESIGNATION OF NON-PTO FILINGS by Ethicon, Inc., Johnson & Johnson, Betty Funderburke)(tmg) (Additional attachment(s) added on 1/9/2017: # 3 Docket Sheet for SDWV Case 2:12cv957) (tmg).

Case 2:12-cv-00957 Document 164 Filed 01/06/17 Page 1 of 18 PageID #: 2966

UNITED STATES JUDICIAL PANEL
on
MULTIDISTRICT LITIGATION

IN RE: ETHICON, INC., PELVIC REPAIR
SYSTEM PRODUCTS LIABILITY LITIGATION

MDL No. 2327

(SEE ATTACHED SCHEDULE)

CONDITIONAL REMAND ORDER

The transferee court in this litigation has advised the Panel that coordinated or consolidated pretrial
proceedings in the action(s) on this conditional remand order have been completed and that remand
to the transferor court(s), as provided in 28 U.S.C. § 1407(a), is appropriate.
IT IS THEREFORE ORDERED that the action(s) on this conditional remand order be remanded to
its/their respective transferor court(s).
IT IS ALSO ORDERED that, pursuant to Rule 10.2 of the Rules of Procedure of the United States
Judicial Panel on Multidistrict Litigation, the transmittal of this order to the transferee clerk for
filing shall be stayed 7 days from the date of this order. If any party files a notice of opposition with
the Clerk of the Panel within this 7−day period, the stay will be continued until further order of the
Panel. This order does not become effective until it is filed in the office of the Clerk for the United
States District Court for the Southern District of West Virginia.
IT IS FURTHER ORDERED that, pursuant to Rule 10.4(a), the parties shall furnish the Clerk for
the Southern District of West Virginia with a stipulation or designation of the contents of the record
to be remanded.

FOR THE PANEL:

Jeffery N. Lüthi
Clerk of the Panel

Jan 06, 2017

Case 2:12-cv-00957 Document 164 Filed 01/06/17 Page 2 of 18 PageID #: 2967

IN RE: ETHICON, INC., PELVIC REPAIR
SYSTEM PRODUCTS LIABILITY LITIGATION

MDL No. 2327

SCHEDULE FOR CRO
TRANSFEREE
DIST DIV. C.A.NO.
WVS 2 12−00443
WVS 2 12−00498
WVS 2 12−00956
WVS 2 12−00957

TRANSFEROR
DIST DIV. C.A.NO.
CAN 5 11−06584
MN 0 12−00070
NCW 1 12−00057
NCW 3 12−00184

CASE CAPTION
Jones et al v. Ethicon, Inc. et al
Johnson v. Ethicon, Inc. et al
Justus v. Ethicon, Inc. et al
Funderburke v. Ethicon, Inc. et al

Case 2:12-cv-00957 Document 164 Filed 01/06/17 Page 3 of 18 PageID #: 2968

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION

BETTY FUNDERBURKE,
Plaintiff,
v.

CIVIL ACTION NO. 2:12-cv-00957

ETHICON, INC., et al.,
Defendants.

ORDER AND SUGGESTION OF REMAND
Pursuant to 28 U.S.C. § 1407 and the Rules for Multidistrict Litigation promulgated
thereunder, specifically Rule 10.1(b), the court suggests that this action be remanded to the United
States District Court for the Western District of North Carolina. All pretrial proceedings, including
discovery and dispositive, Daubert and in limine motion practice, are complete, and the case is
ready for trial. I have attached a Suggestion of Remand Memorandum for the transferor court’s
reference.
Upon receipt of an order to remand from the Clerk of the Judicial Panel on Multidistrict
Litigation (“MDL Panel”) and any joint designation of the MDL 2327 record by counsel, the Clerk
of this court is directed to transmit the following to the transferor court: (1) a copy of the member
case docket sheet; (2) the entire file for the member case; (2) the docket sheet for MDL 2327, 2:12md-2327; (3) all Pretrial Orders (“PTO”) entered in 2:12-md-2327; and (4) any other filing from
2:12-md-2327 which the parties jointly designate. It is ORDERED that within seven (7) days of

Case 2:12-cv-00957 Document 164 Filed 01/06/17 Page 4 of 18 PageID #: 2969

the MDL Panel’s remand order, the parties shall file a joint designation of any non-PTO filings
from 2:12-md-2327.
The court DIRECTS the Clerk to send a copy of this Order and Suggestion of Remand to
the Clerk of the MDL Panel, counsel of record and any unrepresented party.
ENTER: December 20, 2016

Case 2:12-cv-00957 Document 164 Filed 01/06/17 Page 5 of 18 PageID #: 2970

SUGGESTION OF REMAND MEMORANDUM
December 20, 2016
TO: Transferor Judge
FROM: Judge Joseph R. Goodwin, Presiding Judicial Officer, Ethicon MDL, MD 2327
RE: Ethicon MDL Pelvic Mesh Case(s) transferred to your court –
Betty Funderburke v. Ethicon, Inc., et al., No. 2:12-cv-00957

I.

Status of this case.

This case has been remanded to the transferor court, the United States District Court for
the Western District of North Carolina, from MDL 2327 in the Southern District of West Virginia.
All pretrial proceedings, including discovery and dispositive and Daubert motion practice,
are complete, and the case is ready for trial. In fact, I respectfully and strongly urge the transferor
court to set this case for trial as soon as possible. While the parties may insist that further discovery
or motion practice is necessary, I assure you that it is not. If the transferor court will set a firm
date and not allow further delay, it will aid my efforts in this MDL. In addition, I urge the transferor
court to limit the number of trial days for this trial. I limited trial in these cases to six to nine days,
and this has proven more than adequate.
I refer the transferor court to my Daubert rulings in this case [ECF Nos. 143, 144, 145,
146, 147, 150, 151, 152, 156, 157, 158], summary judgment rulings [ECF No. 154], and rulings
on motions in limine [ECF Nos. 153, 155].

II.

History of MDL 2327 and other MDLs assigned to me.

I have been assigned seven MDLs by the Judicial Panel on Multidistrict Litigation (the
“MDL Panel”), including MDL 2327, In re Ethicon, Inc. Pelvic Repair Systems Product Liability
Litigation. In total, there are over 58,000 cases filed in the seven MDLs assigned to me, 28,000 of
which reside in the Ethicon MDL. These cases allege injury related to the use of transvaginal
surgical mesh to treat pelvic organ prolapse (“POP”) and/or stress urinary incontinence (“SUI”).
I originally tried two of five bellwether cases. Carolyn Lewis, et al. v. Johnson & Johnson,
et al., No. 2:12-cv-4301 and Jo Huskey, et al. v. Ethicon, Inc., et al., No. 2:12-cv-05201. In Lewis,
I entered judgment as a matter of law pursuant to Rule 50(a) of the Federal Rules of Civil
Procedure, plaintiffs appealed, and the United States Court of Appeals for the Fourth Circuit
affirmed the decision. In Huskey, the jury returned a verdict in favor of plaintiffs in the amount of
$3,270,000. Defendants appealed, and the appeal is pending before the Fourth Circuit. The other
three bellwethers settled or were dismissed by the parties prior to trial. Tonya Edwards, et al. v.
Ethicon, Inc., et al., No. 2:12-09972; Dianne M. Bellew v. Ethicon, Inc., et al., No. 2:13-cv-22473;
Brenda Lehrer v. Ethicon, Inc., et al., No. 2:12-08157.

Case 2:12-cv-00957 Document 164 Filed 01/06/17 Page 6 of 18 PageID #: 2971

In addition to trying bellwethers, I entered orders setting hundreds of additional cases
(involving plaintiffs from several districts across the United States) on an expedited track for
individual discovery and motion practice so that those cases, known as Ethicon Waves 1, 2, 3 and
4, could be remanded or transferred if no success is had in settlement. The instant case is one of
those cases from Ethicon Wave 1. Incipient settlements exist and discussions are ongoing in many
more cases. While I have been extremely patient in this process and continue to encourage those
settlement discussions, I find it necessary to begin the process of remanding. In addition to the
cases in Waves 1 through 4, thousands of additional cases will be identified, worked up and
remanded or transferred. I note that there are approximately three cases that were transferred from
North Carolina, and there are likely hundreds more direct filed in the Southern District of West
Virginia with proper venue in North Carolina. These cases also will be worked up and remanded
in the near future absent settlement. Finally, I have scheduled a trial involving approximately 30
plaintiffs from West Virginia in March, 2017.
III.

Noteworthy Ruling regarding the FDA 510(k) process.

I have consistently and repeatedly ruled in all cases in this MDL and the other MDLs
assigned to me that plaintiffs’ claims are not preempted by the Federal Food, Drug, and Cosmetic
Act (“FDCA”). The Medical Device Amendments (“MDA”) to the FDCA contain an express
preemption provision. The provision provides that, with respect to medical devices, state law may
not impose any requirement “which is different from, or in addition to” the requirements of the
FDCA, or any requirement “which relates to the safety or effectiveness of the device or to any
other matter included in a requirement applicable to the device under [the FDCA].” 21 U.S.C. §
360k(a). The products involved in this MDL received clearance under the FDCA's 510(k) process,
which, as the Supreme Court held, focuses on "equivalence, not safety." Medtronic, Inc. v. Lohr,
518 U.S. 470, 493 (1996). Thus, as explained in Lohr, the FDCA’s preemption provision does not
apply to state law product liability claims regarding medical devices that underwent 510(k)
clearance rather than the premarket approval process. In addition, I further concluded that the
modest probative value of such evidence is substantially outweighed by the risk of unfair prejudice,
specifically, the risk of confusing and misleading the jury. See, e.g., Cisson v. C. R. Bard, Inc., 86
F. Supp. 3d 510, 517 (S.D. W. Va. 2015), available at 2015 WL 566959; Lewis v. Johnson &
Johnson, 991 F. Supp. 2d 748, 754 (S.D. W. Va. 2014); Sanchez v. Boston Scientific Corp.
(Sanchez I), No. 2:12-cv-05762, 2014 WL 4059214, at *15 (S.D. W. Va. Aug. 18, 2014).
The Fourth Circuit recently affirmed this court’s determination that the probative value of
evidence related to 510(k) clearance is substantially outweighed by its possible prejudicial impact
and was properly excluded under Rule 403. In re C. R. Bard, 810 F.3d 913, 922 (4th Cir. 2016)
(crediting the district court’s concern that “subjecting the jury to many hours, and possibly days,
of complex testimony about regulatory compliance could lead jurors to erroneously conclude that
regulatory compliance proved product safety. In other words, having a ‘mini-trial’ could easily
inflate the perceived importance of compliance and distract the jury from the central question
before it”).
IV.

Resources available for transferor courts on the MDL 2327 website.
2

Case 2:12-cv-00957 Document 164 Filed 01/06/17 Page 7 of 18 PageID #: 2972

There is extensive information available on the court’s website at www.wvsd.uscourts.gov
related to the Ethicon MDL. Specifically, all Pretrial Orders in MDL 2327 can be found at
http://www.wvsd.uscourts.gov/MDL/ethicon/orders.html.
V.

Contact information for the MDL 2327 court.

Our court is ready, willing and able to assist you with any matters relating to this case or
any substantive or procedural issues that may arise. Please do not hesitate to contact me or my
law clerk, Kate Fife at 304-347-3199 or [e-mail]. Also, you may contact the
Clerk’s Office at 304-347-3000 for further assistance.

3

Page 1 of 4
Case 2:12-cv-00957 Document 164 Filed 01/06/17 Page 8 of 18 PageID #: 2973
Activity in Case MDL No. 2327 IN RE: Ethicon, Inc., Pelvic Repair System Products
Liability Litigation CRO Final Minute Order (Clerks)
JPMLCMECF
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United States
United States Judicial Panel on Multidistrict Litigation
Notice of Electronic Filing
The following transaction was entered on 1/6/2017 at 8:34 AM EST and filed on 1/6/2017
Case Name:
IN RE: Ethicon, Inc., Pelvic Repair System Products Liability Litigation
Case Number:
MDL No. 2327
Filer:
Document Number: No document attached
Docket Text:
***TEXT ONLY ENTRY***
MINUTE ORDER - TO INVOLVED CLERKS - Conditional Remand Order Finalized on
1/6/17. Please see pleading (5 in CAN/5:11-cv-06584, [2594] in MDL No. 2327, 7 in
MN/0:12-cv-00070, 7 in NCW/1:12-cv-00057, 7 in NCW/3:12-cv-00184).
A copy of the transferee court's Suggestion of Remand from the transferee court is
attached to the Conditional Remand Order.
As stipulated in Rule 10.2(b) of the Rules of Procedure of the Judicial Panel on
Multidistrict Litigation, transmittal of the order has been stayed 7 days to give any party
an opportunity to oppose the remand. The 7-day period has now elapsed, no opposition
was received, and the order is directed to you for filing.
The order was entered pursuant to 28 U.S.C. 1407(a) which provides that each action so
transferred by the Panel shall be remanded by the Panel at or before the conclusion of
such pretrial proceedings to the district from which it was transferred. Parties are to
furnish S.D. West Virginia with a stipulation or designation of the contents of the record
to be remanded and all necessary copies of any pleading or other matter filed to comply
with the remand order.
Signed by Clerk of the Panel Jeffery N. Luthi on 1/6/2017.
Associated Cases: MDL No. 2327, CAN/5:11-cv-06584, MN/0:12-cv-00070, NCW/1:12-cv-

Page 2 of 4
Case 2:12-cv-00957 Document 164 Filed 01/06/17 Page 9 of 18 PageID #: 2974
00057, NCW/3:12-cv-00184 (dn)
Case Name:
Justus v. Ethicon, Inc. et al
Case Number:
NCW/1:12-cv-00057
Filer:
Document Number: No document attached
Docket Text:
***TEXT ONLY ENTRY***
MINUTE ORDER - TO INVOLVED CLERKS - Conditional Remand Order Finalized on
1/6/17. Please see pleading (5 in CAN/5:11-cv-06584, [2594] in MDL No. 2327, 7 in
MN/0:12-cv-00070, 7 in NCW/1:12-cv-00057, 7 in NCW/3:12-cv-00184).
A copy of the transferee court's Suggestion of Remand from the transferee court is
attached to the Conditional Remand Order.
As stipulated in Rule 10.2(b) of the Rules of Procedure of the Judicial Panel on
Multidistrict Litigation, transmittal of the order has been stayed 7 days to give any party
an opportunity to oppose the remand. The 7-day period has now elapsed, no opposition
was received, and the order is directed to you for filing.
The order was entered pursuant to 28 U.S.C. 1407(a) which provides that each action so
transferred by the Panel shall be remanded by the Panel at or before the conclusion of
such pretrial proceedings to the district from which it was transferred. Parties are to
furnish S.D. West Virginia with a stipulation or designation of the contents of the record
to be remanded and all necessary copies of any pleading or other matter filed to comply
with the remand order.
Signed by Clerk of the Panel Jeffery N. Luthi on 1/6/2017.
Associated Cases: MDL No. 2327, CAN/5:11-cv-06584, MN/0:12-cv-00070, NCW/1:12-cv00057, NCW/3:12-cv-00184 (dn)
Case Name:
Jones et al v. Ethicon, Inc. et al
Case Number:
CAN/5:11-cv-06584
Filer:
Document Number: No document attached
Docket Text:
***TEXT ONLY ENTRY***
MINUTE ORDER - TO INVOLVED CLERKS - Conditional Remand Order Finalized on
1/6/17. Please see pleading (5 in CAN/5:11-cv-06584, [2594] in MDL No. 2327, 7 in
MN/0:12-cv-00070, 7 in NCW/1:12-cv-00057, 7 in NCW/3:12-cv-00184).
A copy of the transferee court's Suggestion of Remand from the transferee court is
attached to the Conditional Remand Order.

Page 3 of 4
Case 2:12-cv-00957 Document 164 Filed 01/06/17 Page 10 of 18 PageID #: 2975
As stipulated in Rule 10.2(b) of the Rules of Procedure of the Judicial Panel on
Multidistrict Litigation, transmittal of the order has been stayed 7 days to give any party
an opportunity to oppose the remand. The 7-day period has now elapsed, no opposition
was received, and the order is directed to you for filing.
The order was entered pursuant to 28 U.S.C. 1407(a) which provides that each action so
transferred by the Panel shall be remanded by the Panel at or before the conclusion of
such pretrial proceedings to the district from which it was transferred. Parties are to
furnish S.D. West Virginia with a stipulation or designation of the contents of the record
to be remanded and all necessary copies of any pleading or other matter filed to comply
with the remand order.
Signed by Clerk of the Panel Jeffery N. Luthi on 1/6/2017.
Associated Cases: MDL No. 2327, CAN/5:11-cv-06584, MN/0:12-cv-00070, NCW/1:12-cv00057, NCW/3:12-cv-00184 (dn)
Case Name:
Johnson v. Ethicon, Inc. et al
Case Number:
MN/0:12-cv-00070
Filer:
Document Number: No document attached
Docket Text:
***TEXT ONLY ENTRY***
MINUTE ORDER - TO INVOLVED CLERKS - Conditional Remand Order Finalized on
1/6/17. Please see pleading (5 in CAN/5:11-cv-06584, [2594] in MDL No. 2327, 7 in
MN/0:12-cv-00070, 7 in NCW/1:12-cv-00057, 7 in NCW/3:12-cv-00184).
A copy of the transferee court's Suggestion of Remand from the transferee court is
attached to the Conditional Remand Order.
As stipulated in Rule 10.2(b) of the Rules of Procedure of the Judicial Panel on
Multidistrict Litigation, transmittal of the order has been stayed 7 days to give any party
an opportunity to oppose the remand. The 7-day period has now elapsed, no opposition
was received, and the order is directed to you for filing.
The order was entered pursuant to 28 U.S.C. 1407(a) which provides that each action so
transferred by the Panel shall be remanded by the Panel at or before the conclusion of
such pretrial proceedings to the district from which it was transferred. Parties are to
furnish S.D. West Virginia with a stipulation or designation of the contents of the record
to be remanded and all necessary copies of any pleading or other matter filed to comply
with the remand order.
Signed by Clerk of the Panel Jeffery N. Luthi on 1/6/2017.
Associated Cases: MDL No. 2327, CAN/5:11-cv-06584, MN/0:12-cv-00070, NCW/1:12-cv00057, NCW/3:12-cv-00184 (dn)

Page 4 of 4
Case 2:12-cv-00957 Document 164 Filed 01/06/17 Page 11 of 18 PageID #: 2976
Case Name:
Funderburke v. Ethicon, Inc. et al
Case Number:
NCW/3:12-cv-00184
Filer:
Document Number: No document attached
Docket Text:
***TEXT ONLY ENTRY***
MINUTE ORDER - TO INVOLVED CLERKS - Conditional Remand Order Finalized on
1/6/17. Please see pleading (5 in CAN/5:11-cv-06584, [2594] in MDL No. 2327, 7 in
MN/0:12-cv-00070, 7 in NCW/1:12-cv-00057, 7 in NCW/3:12-cv-00184).
A copy of the transferee court's Suggestion of Remand from the transferee court is
attached to the Conditional Remand Order.
As stipulated in Rule 10.2(b) of the Rules of Procedure of the Judicial Panel on
Multidistrict Litigation, transmittal of the order has been stayed 7 days to give any party
an opportunity to oppose the remand. The 7-day period has now elapsed, no opposition
was received, and the order is directed to you for filing.
The order was entered pursuant to 28 U.S.C. 1407(a) which provides that each action so
transferred by the Panel shall be remanded by the Panel at or before the conclusion of
such pretrial proceedings to the district from which it was transferred. Parties are to
furnish S.D. West Virginia with a stipulation or designation of the contents of the record
to be remanded and all necessary copies of any pleading or other matter filed to comply
with the remand order.
Signed by Clerk of the Panel Jeffery N. Luthi on 1/6/2017.
Associated Cases: MDL No. 2327, CAN/5:11-cv-06584, MN/0:12-cv-00070, NCW/1:12-cv00057, NCW/3:12-cv-00184 (dn)
No public notice (electronic or otherwise) sent because the entry is private

Page 1 of 7
Case 2:12-cv-00957 Document 164 Filed 01/06/17 Page 12 of 18 PageID #: 2977
Activity in Case MDL No. 2327 IN RE: Ethicon, Inc., Pelvic Repair System Products
Liability Litigation Finalized Conditional Remand Order
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United States
United States Judicial Panel on Multidistrict Litigation
Notice of Electronic Filing
The following transaction was entered on 1/6/2017 at 8:33 AM EST and filed on 1/6/2017
Case Name:
IN RE: Ethicon, Inc., Pelvic Repair System Products Liability Litigation
Case Number:
MDL No. 2327
Filer:
Document Number: 2594
Docket Text:
CONDITIONAL REMAND ORDER FINALIZED (re: pldg. (3 in CAN/5:11-cv-06584, [2587] in
MDL No. 2327, 5 in MN/0:12-cv-00070, 5 in NCW/1:12-cv-00057, 5 in NCW/3:12-cv-00184) )
- 4 action(s) - Inasmuch as no objection is pending at this time, the stay is lifted.
Signed by Clerk of the Panel Jeffery N. Luthi on 1/6/2017.
(Attachments: # (1) Suggestion of Remand (MN 12-70), # (2) Suggestion of Remand
(NCW 12-184), # (3) Suggestion of Remand (CAN 11-6584), # (4) Suggestion of Remand
(NCW 12-57))
Associated Cases: MDL No. 2327, CAN/5:11-cv-06584, MN/0:12-cv-00070, NCW/1:12-cv00057, NCW/3:12-cv-00184 (dn)
Case Name:
Justus v. Ethicon, Inc. et al
Case Number:
NCW/1:12-cv-00057
Filer:
Document Number: 7

Page 2 of 7
Case 2:12-cv-00957 Document 164 Filed 01/06/17 Page 13 of 18 PageID #: 2978

Docket Text:
CONDITIONAL REMAND ORDER FINALIZED (re: pldg. (3 in CAN/5:11-cv-06584, [2587] in
MDL No. 2327, 5 in MN/0:12-cv-00070, 5 in NCW/1:12-cv-00057, 5 in NCW/3:12-cv-00184) )
- 4 action(s) - Inasmuch as no objection is pending at this time, the stay is lifted.
Signed by Clerk of the Panel Jeffery N. Luthi on 1/6/2017.
(Attachments: # [1] Suggestion of Remand (MN 12-70), # [2] Suggestion of Remand
(NCW 12-184), # [3] Suggestion of Remand (CAN 11-6584), # [4] Suggestion of Remand
(NCW 12-57))
Associated Cases: MDL No. 2327, CAN/5:11-cv-06584, MN/0:12-cv-00070, NCW/1:12-cv00057, NCW/3:12-cv-00184 (dn)
Case Name:
Jones et al v. Ethicon, Inc. et al
Case Number:
CAN/5:11-cv-06584
Filer:
Document Number: 5
Docket Text:
CONDITIONAL REMAND ORDER FINALIZED (re: pldg. (3 in CAN/5:11-cv-06584, [2587] in
MDL No. 2327, 5 in MN/0:12-cv-00070, 5 in NCW/1:12-cv-00057, 5 in NCW/3:12-cv-00184) )
- 4 action(s) - Inasmuch as no objection is pending at this time, the stay is lifted.
Signed by Clerk of the Panel Jeffery N. Luthi on 1/6/2017.
(Attachments: # [1] Suggestion of Remand (MN 12-70), # [2] Suggestion of Remand
(NCW 12-184), # [3] Suggestion of Remand (CAN 11-6584), # [4] Suggestion of Remand
(NCW 12-57))
Associated Cases: MDL No. 2327, CAN/5:11-cv-06584, MN/0:12-cv-00070, NCW/1:12-cv00057, NCW/3:12-cv-00184 (dn)
Case Name:
Johnson v. Ethicon, Inc. et al
Case Number:
MN/0:12-cv-00070
Filer:
Document Number: 7
Docket Text:
CONDITIONAL REMAND ORDER FINALIZED (re: pldg. (3 in CAN/5:11-cv-06584, [2587] in
MDL No. 2327, 5 in MN/0:12-cv-00070, 5 in NCW/1:12-cv-00057, 5 in NCW/3:12-cv-00184) )
- 4 action(s) - Inasmuch as no objection is pending at this time, the stay is lifted.
Signed by Clerk of the Panel Jeffery N. Luthi on 1/6/2017.
(Attachments: # [1] Suggestion of Remand (MN 12-70), # [2] Suggestion of Remand
(NCW 12-184), # [3] Suggestion of Remand (CAN 11-6584), # [4] Suggestion of Remand
(NCW 12-57))

Page 3 of 7
Case 2:12-cv-00957 Document 164 Filed 01/06/17 Page 14 of 18 PageID #: 2979
Associated Cases: MDL No. 2327, CAN/5:11-cv-06584, MN/0:12-cv-00070, NCW/1:12-cv00057, NCW/3:12-cv-00184 (dn)
Case Name:
Funderburke v. Ethicon, Inc. et al
Case Number:
NCW/3:12-cv-00184
Filer:
Document Number: 7
Docket Text:
CONDITIONAL REMAND ORDER FINALIZED (re: pldg. (3 in CAN/5:11-cv-06584, [2587] in
MDL No. 2327, 5 in MN/0:12-cv-00070, 5 in NCW/1:12-cv-00057, 5 in NCW/3:12-cv-00184) )
- 4 action(s) - Inasmuch as no objection is pending at this time, the stay is lifted.
Signed by Clerk of the Panel Jeffery N. Luthi on 1/6/2017.
(Attachments: # [1] Suggestion of Remand (MN 12-70), # [2] Suggestion of Remand
(NCW 12-184), # [3] Suggestion of Remand (CAN 11-6584), # [4] Suggestion of Remand
(NCW 12-57))
Associated Cases: MDL No. 2327, CAN/5:11-cv-06584, MN/0:12-cv-00070, NCW/1:12-cv00057, NCW/3:12-cv-00184 (dn)
MDL No. 2327 Notice has been electronically mailed to:
Carl N. Frankovitch
Michael J Farrell

[e-mail]
[e-mail]

Michael Bonasso [e-mail], [e-mail], [e-mail],
[e-mail]
Harry F. Bell, Jr

[e-mail], [e-mail]

DAVID B. THOMAS

[e-mail], [e-mail]

Paul T. Farrell, Jr

[e-mail], [e-mail]

Marc E. Williams

[e-mail]

MDL No. 2327 Notice will not be electronically mailed to:
NCW/1:12-cv-00057 Notice has been electronically mailed to:
Christy D. Jones [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail]
William M. Gage

[e-mail]

Page 4 of 7
Case 2:12-cv-00957 Document 164 Filed 01/06/17 Page 15 of 18 PageID #: 2980

Douglas C. Monsour

[e-mail], [e-mail]

DAVID B. THOMAS
Kimberly R. Wilson
Philip J. Combs

[e-mail], [e-mail]
[e-mail]

[e-mail]

Kari L. Sutherland

[e-mail]

SUSAN M. ROBINSON

[e-mail]

Daniel R. Higginbotham

[e-mail]

Katharine Gale Krottinger
Aaron N. Arthur

[e-mail]

[e-mail]

NCW/1:12-cv-00057 Notice will not be electronically mailed to:
William J. Blakemore
WILSON LAW
P. O. Box 10389
Raleigh, NC 27605
CAN/5:11-cv-06584 Notice has been electronically mailed to:
Christy D. Jones [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail]
Tracy J. Van Steenburgh
Amy Eskin

[e-mail]

[e-mail]

Michael J Farrell

[e-mail]

William M. Gage

[e-mail]

Tarek Ismail

[e-mail], [e-mail]

Andrew L Goldman
Erik W. Legg

[e-mail]

[e-mail]

DAVID B. THOMAS
Edward A Wallace

[e-mail], [e-mail]

[e-mail], [e-mail]

Page 5 of 7
Case 2:12-cv-00957 Document 164 Filed 01/06/17 Page 16 of 18 PageID #: 2981
Shayna S. Cook

[e-mail], [e-mail]

Meghan E. McCormick

[e-mail]

Rachel Beth Abrams [e-mail], [e-mail], [e-mail],
[e-mail]
Phillip Howard Babich
Michael H. Bowman
Kari L. Sutherland

[e-mail]
[e-mail]

[e-mail]

Joe W. Tomaselli

[e-mail]

CAN/5:11-cv-06584 Notice will not be electronically mailed to:
Tracy G. Weiss
REED SMITH LLP
Three Logan Square
1717 Arch Street
Suite 3100
Philadelphia, PA 19103
MN/0:12-cv-00070 Notice has been electronically mailed to:
Christy D. Jones [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail]
Tracy J. Van Steenburgh

[e-mail]

Yvonne M. Flaherty [e-mail], [e-mail], [e-mail],
[e-mail], [e-mail]
William M. Gage
Kim M Schmid

[e-mail]
[e-mail]

DAVID B. THOMAS
Edward A Wallace

[e-mail], [e-mail]

[e-mail], [e-mail]

Philip J. Combs

[e-mail]

Caia V. Johnson

[e-mail]

Sarah A. Martin

[e-mail]

Michael H. Bowman

[e-mail]

Page 6 of 7
Case 2:12-cv-00957 Document 164 Filed 01/06/17 Page 17 of 18 PageID #: 2982

Kari L. Sutherland

[e-mail]

Jan R. McLean Bernier

[e-mail]

SUSAN M. ROBINSON
Devona L. Wells

[e-mail]

[e-mail]

MN/0:12-cv-00070 Notice will not be electronically mailed to:
NCW/3:12-cv-00184 Notice has been electronically mailed to:
Christy D. Jones [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail]
Tracy J. Van Steenburgh

[e-mail]

Neil D. Overholtz [e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail]
Peter John Flowers

[e-mail], [e-mail], [e-mail]

William M. Gage

[e-mail]

Douglass A. Kreis [e-mail], [e-mail], [e-mail],
[e-mail], [e-mail]
Justin G. Witkin

[e-mail], [e-mail]

DAVID B. THOMAS
Kimberly R. Wilson
Philip J. Combs

[e-mail], [e-mail]
[e-mail]

[e-mail]

Bryan Aylstock [e-mail], [e-mail], [e-mail],
[e-mail]
D. Renee Baggett

[e-mail]

Kari L. Sutherland

[e-mail]

SUSAN M. ROBINSON
Anita Modak-Truran

[e-mail]

[e-mail], [e-mail]

Daniel R. Higginbotham

[e-mail]

Page 7 of 7
Case 2:12-cv-00957 Document 164 Filed 01/06/17 Page 18 of 18 PageID #: 2983
Frank V. Cesarone
Aaron N. Arthur

[e-mail]
[e-mail]

NCW/3:12-cv-00184 Notice will not be electronically mailed to:
William J. Blakemore
WILSON LAW
P. O. Box 10389
Raleigh, NC 27605
The following document(s) are associated with this transaction:
Document description:Main Document
Original filename:n/a
Electronic document Stamp:
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6d4b953533dbf01f90582a226814de76348b4f086ca65742c5f8c3cb40]]
Document description: Suggestion of Remand (MN 12-70)
Original filename:n/a
Electronic document Stamp:
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799123bc02545f027023c04c0b48393ae25f50a8af9c9affd6d4c61070]]
Document description: Suggestion of Remand (NCW 12-184)
Original filename:n/a
Electronic document Stamp:
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f628e1491253cb4dffe805507d3bfda4a3df7d7eca3026f2eb9babcf6a]]
Document description: Suggestion of Remand (CAN 11-6584)
Original filename:n/a
Electronic document Stamp:
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dd175ac02c9d1f11e328c61324ec1fe8b50ce9145bf575c6d30ff219b1]]
Document description: Suggestion of Remand (NCW 12-57)
Original filename:n/a
Electronic document Stamp:
[STAMP JPMLStamp_ID=1090522767 [Date=1/6/2017] [FileNumber=707998-4] [
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