Mullins et al v. Johnson & Johnson et al

Filing 239

ORDER denying 231 MOTION to Strike Certain Errata Changes to the Testimony of Hannes Vogel, M.D. but granting Plaintiffs' motion for leave to re-depose Dr. Vogel concerning the changes in his testimony. Signed by Magistrate Judge Cheryl A. Eifert on 12/16/2015. (cc: counsel of record; any unrepresented party) (ts)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
IN RE: ETHICON, INC.
PELVIC REPAIR SYSTEMS
PRODUCT LIABILITY LITIGATION

MDL No. 2327

-------------------------------------------------------------THIS DOCUMENT RELATES TO:
Mullins, et al. v. Ethicon, Inc., et al.
and all consolidated cases

Case No.: 2:12-cv-02952

ORDER
Pending is Plaintiffs’ Motion and Memorandum to Strike Certain Errata Changes
to the Testimony of Hannes Vogel, M.D. (ECF No. 231). Ethicon, Inc. and Johnson and
Johnson (collectively referred to as “Ethicon”) filed a response in opposition to the
motion, and the undersigned conducted a telephonic hearing on the dispute on December
15, 2015. For the reasons stated during the hearing, the court DENIES Plaintiffs’ motion
to strike the errata changes, but GRANTS Plaintiffs’ motion for leave to re-depose Dr.
Vogel concerning the changes in his testimony. See Holland v. Cedar Creek Mining, Inc.,
198 F.R.D. 651, 653 (S.D.W.Va. 2001).
The Clerk is directed to provide a copy of this Order to counsel of record and any
unrepresented party.
ENTERED: December 16, 2015