Case details

Court: utd
Docket #: 1:09-cv-00167
Case Name: Rasmussen v. Ethicon Women's Health & Urology et al
PACER case #: 73209
Date filed: 2009-12-11
Assigned to: Judge Clark Waddoups
Referred to: Magistrate Judge Paul M. Warner
Case Cause: 28:1332 Diversity-Product Liability
Nature of Suit: 365 Personal Inj. Prod. Liability
Jury Demand: Defendant
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Marilyn Rasmussen
Plaintiff
Patricia L. LaTulippe
HINCKS & LATULIPPE LLC 4001 S 700 E STE 50 SALT LAKE CITY, UT 84107 (801)538-5050 Email: pll@hlutahlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard K Hincks
HINCKS & LATULIPPE LLC 4001 S 700 E STE 50 SALT LAKE CITY, UT 84107 (801)538-5050 Email: rkh@hlutahlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eric Rasmussen
Plaintiff
Patricia L. LaTulippe
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard K Hincks
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ethicon Women's Health and Urology
Defendant
a division of Ethicon, Inc.
John A. Anderson
STOEL RIVES (UT) 201 S MAIN ST STE 1100 SALT LAKE CITY, UT 84111-4904 (801)578-6930 Email: jaanderson@stoel.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kelly S. Crawford
RIKER DANZIG SCHERER HYLAND & PERRETTI LLP HEADQUARTERS PLAZA ONE SPEEDWELL AVE MORRISTOWN, NJ 07962-1981 (973)538-0800 Email: kcrawford@riker.com
ATTORNEY TO BE NOTICED

Ethicon
Defendant
John A. Anderson
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Maha M. Kabbash
RIKER DANZIG SCHERER HYLAND & PERRETTI LLP HEADQUARTERS PLAZA ONE SPEEDWELL AVE MORRISTOWN, NJ 07962-1981 (973)451-8472 Email: mkabbash@riker.com
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Anne Murray Patterson
RIKER DANZIG SCHERER HYLAND & PERRETTI LLP HEADQUARTERS PLAZA ONE SPEEDWELL AVE MORRISTOWN, NJ 07962-1981 (973)451-8482 Email: apatterson@riker.com
PRO HAC VICE ATTORNEY TO BE NOTICED

Kelly S. Crawford
(See above for address)
ATTORNEY TO BE NOTICED

Johnson & Johnson
Defendant
John A. Anderson
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Maha M. Kabbash
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Anne Murray Patterson
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Kelly S. Crawford
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2009-12-11 1 0 Case has been indexed and assigned to Magistrate Judge David Nuffer. Defendants Johnson & Johnson, Ethicon Women's Health and Urology, Ethicon is directed to E-File the Notice of Removal, State Complaint & Summonses and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 350 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. (jlw) (Entered: 12/11/2009)
2009-12-11 2 0 NOTICE OF REMOVAL from 2nd District Court Davis County, case number 090700638, (Filing fee $ 350, receipt number 10880000000001018019), filed by Johnson & Johnson, Ethicon Women's Health and Urology, Ethicon. (Attachments: # 1 Civil Cover Sheet) Assigned to Magistrate Judge David Nuffer (Anderson, John) (Entered: 12/11/2009)
2009-12-11 3 0 NOTICE OF ADR, e-mailed or mailed to Defendants Johnson & Johnson, Ethicon Women's Health and Urology, Ethicon, Plaintiffs Marilyn Rasmussen, Eric Rasmussen. (jlw) (Entered: 12/11/2009)
2009-12-14 4 0 NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Defendants Johnson & Johnson, Ethicon Women's Health and Urology, Ethicon, Plaintiffs Marilyn Rasmussen, Eric Rasmussen. Form due by 12/29/2009. (jtj) (Entered: 12/14/2009)
2009-12-18 5 0 ANSWER to Complaint with Jury Demand filed by Ethicon Women's Health and Urology, Ethicon.(Anderson, John) (Entered: 12/18/2009)
2009-12-18 6 0 ANSWER to Complaint with Jury Demand filed by Johnson & Johnson.(Anderson, John) (Entered: 12/18/2009)
2009-12-18 7 0 RECEIVED Consent/Reassignment Form from Defendants Johnson & Johnson, Ethicon Women's Health and Urology, Ethicon. (jtj) (Entered: 12/18/2009)
2009-12-18 8 0 NOTICE FROM THE COURT re: Initial SchedulingThe court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (jtj) (Entered: 12/18/2009)
2009-12-18 11 0 DOCKET TEXT ORDER re 2 Notice of Removal, filed by Ethicon, Johnson & Johnson, Ethicon Women's Health and Urology, 5 Answer to Complaint filed by Ethicon, Ethicon Women's Health and Urology No attached document.The complaint included in the 2 Notice of Removal indicates that parties defendant are Ethicon Women's Health and Urology; Ethicon, Inc.; and Johnson & Johnson. Papers filed by John Anderson indicate they are filed on behalf of these three named defendants. (See docket entries 2 and 5 .) However, the content of those papers does not mention appearance for Ethicon Women's Health and Urology. The court requires clarification of the actual parties defendant. IT IS HEREBY ORDERED that counsel for all parties shall meet and confer and file, on or before December 30, 2009, a joint statement clarifying the status of parties in this case. Failing agreement, the joint statement shall recite the parties' respective positions and their plans to move to resolve the issue. Signed by Magistrate Judge David Nuffer on December 18, 2009. (DN) Modified on 12/18/2009 to reflect that party not mentioned is Ethicon Women's Health and Urology. (DN) (Entered: 12/18/2009)
2009-12-29 12 0 NOTICE REMINDER - All parties are requested to respond within the time frame set forth in the 4 Notice of Presiding Magistrate Assignment,, pursuant to General Order 07-001. If you have already consented/objected, please disregard this notice. No judge will be informed of a party's response unless all parties have consented to the assignment of the matter to a U.S. Magistrate Judge. Unless consents from all parties are received within fifteen(15) days, the case will be randomly re-assigned to a U.S. District Judge without further notice. Link to Magistrate Consent Objection form (ce) (Entered: 12/29/2009)
2009-12-30 13 0 Stipulated MOTION for Joinder filed by Plaintiffs Marilyn Rasmussen, Eric Rasmussen. (LaTulippe, Patricia) (Entered: 12/30/2009)
2009-12-30 14 0 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendants Johnson & Johnson, Ethicon identifying Johnson & Johnson as Corporate Parent. (Anderson, John) (Entered: 12/30/2009)
2009-12-30 15 0 RECEIVED Consent/Reassignment Form from Plaintiffs Marilyn Rasmussen, Eric Rasmussen. (jtj) (Entered: 01/04/2010)
2010-01-04 16 0 All Consent/Reassignment Forms have now been received. After review of all forms, Case Reassigned to District Judge per request of one or more party(s). Case randomly assigned to Judge Dale A. Kimball. Magistrate Judge David Nuffer no longer assigned to the case. (jtj) (Entered: 01/04/2010)
2010-01-04 17 0 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Theresa Brown)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 30 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to ipt@utd.uscourts.gov30 days before the scheduled hearing. See instructions at http://www.utd.uscourts.gov/documents/ipt.html Initial Pretrial Conference set for 3/17/2010 11:00 AM in Room 477 before Magistrate Judge David Nuffer. (tab) (Entered: 01/04/2010)
2010-01-11 18 0 Plaintiff's MOTION to Remand to State Court Second District, Davis County filed by Plaintiffs Marilyn Rasmussen, Eric Rasmussen. (LaTulippe, Patricia) (Entered: 01/11/2010)
2010-01-11 19 0 Plaintiff's MEMORANDUM in Support re 18 Plaintiff's MOTION to Remand to State Court Second District, Davis County filed by Plaintiffs Marilyn Rasmussen, Eric Rasmussen. (Attachments: # 1 Exhibit)(LaTulippe, Patricia) (Entered: 01/11/2010)
2010-01-11 20 0 AFFIDAVIT of Patricia L. LaTulippe in Support re 18 Plaintiff's MOTION to Remand to State Court Second District, Davis County filed by Plaintiffs Marilyn Rasmussen, Eric Rasmussen. (LaTulippe, Patricia) (Entered: 01/11/2010)
2010-01-28 21 0 Defendant's MEMORANDUM in Opposition re 18 Plaintiff's MOTION to Remand to State Court Second District, Davis County filed by Defendants Johnson & Johnson, Ethicon Women's Health and Urology, Ethicon. (Attachments: # 1 Exhibit A)(Anderson, John) (Entered: 01/28/2010)
2010-02-18 22 0 NOTICE REMINDER of Attorneys' Planning Meeting Report due five days from receipt of this notice. This is a reminder of the notice filed 1/4/10 17 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Theresa Brown)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 30 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to ipt@utd.uscourts.gov30 days before the scheduled hearing. See instructions at http://www.utd.uscourts.gov/documents/ipt.html Initial Pretrial Conference set for 3/17/2010 11:00 AM in Room 477 before Magistrate Judge David Nuffer. (tab) (asb) (Entered: 02/18/2010)
2010-03-01 23 0 WITHDRAWAL OF MOTION by Plaintiffs Marilyn Rasmussen, Eric Rasmussen re 18 Plaintiff's MOTION to Remand to State Court Second District, Davis County filed by Marilyn Rasmussen, Eric Rasmussen. (LaTulippe, Patricia) (Entered: 03/01/2010)
2010-03-04 24 0 AMENDED NOTICE REMINDER of Attorneys' Planning Meeting Report due five days from receipt of this notice. This is a reminder of the notice filed 02/18/10 22 NOTICE REMINDER of Attorneys' Planning Meeting Report due five days from receipt of this notice. This is a reminder of the notice filed 1/4/10 17 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Theresa Brown)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 30 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to ipt@utd.uscourts.gov30 days before the scheduled hearing. See instructions at http://www.utd.uscourts.gov/documents/ipt.html Initial Pretrial Conference re-set for 3/18/2010 11:00 AM in Room 477 before Magistrate Judge David Nuffer. PLEASE NOTE CHANGE IN DATE FROM 03/17/10 TO 03/18/10 @ 11:00 A.M. (tab) (Entered: 03/04/2010)
2010-03-04 25 0 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: # 1 Text of Proposed Order)(LaTulippe, Patricia) (Entered: 03/04/2010)
2010-03-10 26 0 SCHEDULING ORDER and ORDER VACATING HEARING: The Initial pretrial Hearing set for March 18, 2010 at 11:00 a.m. is VACATED. Amended Pleadings due by 11/1/2010. Joinder of Parties due by 11/1/2010. Fact Discovery due by 12/31/2010. Expert Discovery due by 4/30/2011. Motions due by 9/30/2011. Final Pretrial Conference set for 2/20/2012 02:30 PM in Room 220 before Judge Dale A. Kimball. 10 day Jury Trial set for 3/5/2012 at 08:30 AM in Room 220 before Judge Dale A. Kimball. Signed by Magistrate Judge David Nuffer on 03/10/2010. (kpf) (Entered: 03/10/2010)
2010-03-10 27 0 MOTION for Admission Pro Hac Vice of Maha M. Kabbash, Registration fee $ 15, receipt number 10880000000001070969, filed by Defendants Johnson & Johnson, Ethicon. (Attachments: # 1 Exhibit A, # 2 Errata B, # 3 Text of Proposed Order)(Anderson, John) (Entered: 03/10/2010)
2010-03-10 28 0 MOTION for Admission Pro Hac Vice of Anne Murray Patterson, Registration fee $ 15, receipt number 10880000000001070981, filed by Defendants Johnson & Johnson, Ethicon. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Anderson, John) (Entered: 03/10/2010)
2010-03-11 29 0 ORDER granting 27 Motion for Admission Pro Hac Vice of Maha M. Kabbash for Johnson & Johnson and Ethicon. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Dale A. Kimball on 03/11/2010. (kpf) (Entered: 03/11/2010)
2010-03-11 30 0 ORDER granting 28 Motion for Admission Pro Hac Vice of Anne Murray Patterson for Johnson & Johnson and Ethicon. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Dale A. Kimball on 03/11/2010. (kpf) (Entered: 03/11/2010)
2010-03-25 31 0 CERTIFICATE OF SERVICE by Marilyn Rasmussen, Eric Rasmussen Plaintiffs' Initial Disclosures (Hincks, Richard) (Entered: 03/25/2010)
2010-08-27 32 0 CERTIFICATE OF SERVICE by Eric Rasmussen, Marilyn Rasmussen Answers to Defendant's First Set of Interrogatories and Requests for Production of Documents to Plaintiffs (Hincks, Richard) (Entered: 08/27/2010)
2010-09-13 33 0 MOTION for Admission Pro Hac Vice of Kelly Strange Crawford, Registration fee $ 15, receipt number 1088-1194263, filed by Defendants Ethicon, Ethicon Women's Health and Urology, Johnson & Johnson. (Attachments: # 1 Text of Proposed Order)(Anderson, John) (Entered: 09/13/2010)
2010-09-15 34 0 ORDER granting 33 Motion for Admission Pro Hac Vice of Kelly Strange Crawford for Ethicon, Ethicon Women's Health and Urology, Johnson & Johnson. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Dale A. Kimball on 9/14/10 (alt) (Entered: 09/15/2010)
2010-11-30 35 0 REASSIGNMENT from Senior District Judge. Case Reassigned to Judge Clark Waddoups. Judge Dale A. Kimball no longer assigned to the case. Case number will now read 1:09cv00167 CW. Please make changes to document captions accordingly.The Clerk of Court reminds all counsel that pursuant to 28 U.S.C. 636(c) parties may consent to the exercise of full civil jurisdiction by magistrate judges. The consent form requesting reassignment is available on the court's web site. (rks) (Entered: 11/30/2010)
2010-12-30 36 0 Joint MOTION to Amend/Correct 26 Scheduling Order filed by Plaintiffs Eric Rasmussen, Marilyn Rasmussen. (Attachments: # 1 Text of Proposed Order)(LaTulippe, Patricia) Modified on 1/3/2011 to link Motion to current Scheduling Order (jtj). (Entered: 12/30/2010)
2011-01-07 37 0 AMENDED SCHEDULING ORDER: Amended Pleadings due by 7/1/2011. Joinder of Parties due by 7/1/2011. Expert Discovery due by 3/30/2012. Dispositive Motions due by 5/31/2012. Final Pretrial Conference set for 12/17/2012 02:30 PM in Room 102 before Judge Clark Waddoups. 10 day Jury Trial set to begin 1/7/2013 08:30 AM in Room 102 before Judge Clark Waddoups. See Order for more deadlines. Signed by Magistrate Judge David Nuffer on 1/6/2011. (rlr) (Entered: 01/07/2011)
2011-03-24 38 0 MOTION to Withdraw as Attorney for Plaintiffs filed by Plaintiffs Eric Rasmussen, Marilyn Rasmussen. (Hincks, Richard) (Entered: 03/24/2011)