MEMORANDUM OPINION AND ORDER JOHN T. COPENHAVER, JR. , District Judge . Pending are the objections to the magistrate judge's Proposed Findings and Recommendation ("PF&R"), filed by defendant Nancy A. Berryhill (the "Commissioner") on January 19, 2018. I. Procedural History The plaintiff, Delana Lynn Turley ("Claimant"), instituted this action in this court on March 17, 2017, pursuant to 42 U.S.C. 405(g), 1383(c)(3) (2016). Claimant seeks judicial review of the Commissioner's final...
MEMORANDUM OPINION AND ORDER ( Daubert Motion re: Jaime L. Sepulveda-Toro, M.D.) JOSEPH R. GOODWIN , District Judge . Pending before the court is the Motion to Limit the Opinions and Testimony of Jaime L. Sepulveda-Toro, M. D. [ECF No. 2014] filed by the plaintiffs. The Motion is now ripe for consideration because briefing is complete. I. Background This case resides in one of seven MDLs assigned to me by the Judicial Panel on Multidistrict Litigation concerning the use of...
MEMORANDUM OPINION AND ORDER ( Daubert Motion re: Shelby Thames, Ph.D.) JOSEPH R. GOODWIN , District Judge . Pending before the court is the Motion to Exclude the Opinions and Testimony of Shelby Thames [ECF No. 2039] filed by the plaintiffs. The Motion is now ripe for consideration because briefing is complete. I. Background This case resides in one of seven MDLs assigned to me by the Judicial Panel on Multidistrict Litigation concerning the use of transvaginal surgical mesh to...
MEMORANDUM OPINION AND ORDER ( Daubert Motion re: Douglas Grier, M.D.) JOSEPH R. GOODWIN , District Judge . Pending before the court is the Motion to Exclude Certain Opinions and Testimony of Douglas Grier, M.D. [ECF No. 2022] filed by the plaintiffs. The Motion is now ripe for consideration because briefing is complete. I. Background This case resides in one of seven MDLs assigned to me by the Judicial Panel on Multidistrict Litigation concerning the use of transvaginal surgical...
MEMORANDUM OPINION AND ORDER ( Daubert Motion re: Daniel Elliott, M.D.) JOSEPH R. GOODWIN , District Judge . Pending before the court is the Motion to Exclude Certain General Opinions of Daniel Elliott, M.D. [ECF No. 2082] filed by Johnson & Johnson and Ethicon, Inc. (collectively "Ethicon"). The Motion is now ripe for consideration because briefing is complete. I. Background This case resides in one of seven MDLs assigned to me by the Judicial Panel on Multidistrict Litigation...
MEMORANDUM OPINION AND ORDER ( Daubert Motion re: Peggy Pence, Ph.D. ) JOSEPH R. GOODWIN , District Judge . Pending before the court is the Motion to Exclude Peggy Pence, Ph.D. [ECF No. 2075] filed by the defendants Ethicon, Inc. and Johnson & Johnson (collectively "Ethicon"). The Motion is now ripe for consideration because briefing is complete. I. Background This case resides in one of seven MDLs assigned to me by the Judicial Panel on Multidistrict Litigation concerning the use...
MEMORANDUM OPINION AND ORDER ( Daubert Motion re: Timothy Ulatowski) JOSEPH R. GOODWIN , District Judge . Pending before the court is the Motion to Exclude the Opinions of FDA Expert Timothy Ulatowski [ECF No. 2060] filed by the plaintiffs. The Motion is now ripe for consideration because briefing is complete. I. Background This case resides in one of seven MDLs assigned to me by the Judicial Panel on Multidistrict Litigation concerning the use of transvaginal surgical mesh to...
MEMORANDUM OPINION AND ORDER ( Daubert Motion re: Prof. Dr. Med. Uwe Klinge) JOSEPH R. GOODWIN , District Judge . Pending before the court is the Motion to Limit the Testimony of Dr. Med. Uwe Klinge [ECF No. 1978] filed by Johnson & Johnson and Ethicon, Inc. (collectively "Ethicon"). The Motion is now ripe for consideration because briefing is complete. I. Background This case resides in one of seven MDLs assigned to me by the Judicial Panel on Multidistrict Litigation concerning...
MEMORANDUM OPINION AND ORDER ( Daubert Motion re: Douglas Grier, M.D. ) JOSEPH R. GOODWIN , District Judge . Pending before the court is the Motion to Exclude Certain Opinions and Testimony of Douglas Grier, M.D. [ECF No. 2022] filed by the plaintiffs. The Motion is now ripe for consideration because briefing is complete. I. Background This case resides in one of seven MDLs assigned to me by the Judicial Panel on Multidistrict Litigation concerning the use of transvaginal surgical...
MEMORANDUM OPINION AND ORDER ( Daubert Motion re: Jaime L. Sepulveda-Toro, M.D. ) JOSEPH R. GOODWIN , District Judge . Pending before the court is the Motion to Limit the Opinions and Testimony of Jaime L. Sepulveda-Toro, M. D. [ECF No. 2014] filed by the plaintiffs. The Motion is now ripe for consideration because briefing is complete. I. Background This case resides in one of seven MDLs assigned to me by the Judicial Panel on Multidistrict Litigation concerning the use of...
MEMORANDUM OPINION AND ORDER ( Daubert Motion re: Shelby Thames, Ph.D. ) JOSEPH R. GOODWIN , District Judge . Pending before the court is the Motion to Exclude the Opinions and Testimony of Shelby Thames [ECF No. 2039] filed by the plaintiffs. The Motion is now ripe for consideration because briefing is complete. I. Background This case resides in one of seven MDLs assigned to me by the Judicial Panel on Multidistrict Litigation concerning the use of transvaginal surgical mesh to...
MEMORANDUM OPINION AND ORDER ( Daubert Motion re: Daniel Elliott, M.D. ) JOSEPH R. GOODWIN , District Judge . Pending before the court is the Motion to Exclude Certain General Opinions of Daniel Elliott, M.D. [ECF No. 2082] filed by Johnson & Johnson and Ethicon, Inc. (collectively "Ethicon"). The Motion is now ripe for consideration because briefing is complete. I. Background This case resides in one of seven MDLs assigned to me by the Judicial Panel on Multidistrict Litigation...
MEMORANDUM OPINION AND ORDER ( Daubert Motion re: Peggy Pence, Ph.D. ) JOSEPH R. GOODWIN , District Judge . Pending before the court is the Motion to Exclude Peggy Pence, Ph.D. [ECF No. 2075] filed by the defendants Ethicon, Inc. and Johnson & Johnson (collectively "Ethicon"). The Motion is now ripe for consideration because briefing is complete. I. Background This case resides in one of seven MDLs assigned to me by the Judicial Panel on Multidistrict Litigation concerning the use...
MEMORANDUM OPINION AND ORDER ( Daubert Motion re: Timothy Ulatowski) JOSEPH R. GOODWIN , District Judge . Pending before the court is the Motion to Exclude the Opinions of FDA Expert Timothy Ulatowski [ECF No. 2060] filed by the plaintiffs. The Motion is now ripe for consideration because briefing is complete. I. Background This case resides in one of seven MDLs assigned to me by the Judicial Panel on Multidistrict Litigation concerning the use of transvaginal surgical mesh to...
MEMORANDUM OPINION AND ORDER ( Daubert Motion re: Prof. Dr. Med. Uwe Klinge) JOSEPH R. GOODWIN , District Judge . Pending before the court is the Motion to Limit the Testimony of Dr. Med. Uwe Klinge [ECF No. 1978] filed by Johnson & Johnson and Ethicon, Inc. (collectively "Ethicon"). The Motion is now ripe for consideration because briefing is complete. I. Background This case resides in one of seven MDLs assigned to me by the Judicial Panel on Multidistrict Litigation concerning...
MEMORANDUM OPINION AND ORDER (Motions in Limine) JOSEPH R. GOODWIN , District Judge . Pending before the court are the plaintiffs' Motions in Limine [ECF Nos. 130, 132, 134, 136, 138, 140, 142, 144, 146, 148, 150] and the defendants' Motion in Limine [ECF No. 126]. This case resides in one of seven MDLs assigned to me by the Judicial Panel on Multidistrict Litigation concerning the use of transvaginal surgical mesh to treat pelvic organ prolapse ("POP") and stress urinary incontinence ("...
PROPOSED FINDINGS AND RECOMMENDATIONS CHERYL A. EIFERT , District Judge . This action seeks a review of the decision of the Commissioner of the Social Security Administration (hereinafter "Commissioner") denying Plaintiff's application for a period of disability and disability insurance benefits ("DIB") under Title II of the Social Security Act, 42 U.S.C. 401-433. The matter is assigned to the Honorable Irene C. Berger, United States District Judge, and was referred to the undersigned...
MEMORANDUM OPINION AND ORDER (Defendants' Motion for Summary Judgment) JOSEPH R. GOODWIN , District Judge . Pending before the court is the defendants' Motion for Summary Judgment [ECF No. 92]. As set forth below, the defendants' Motion is GRANTED in part and DENIED in part. I. Background This case resides in one of seven MDLs assigned to the court by the Judicial Panel on Multidistrict Litigation concerning the use of transvaginal surgical mesh to treat pelvic organ prolapse ("POP"...
MEMORANDUM OPINION AND ORDER (Motions in Limine) JOSEPH R. GOODWIN , District Judge . Pending before the court are the plaintiffs' Motion in Limine [ECF No. 110] and the defendants' Motion in Limine [ECF No. 106]. This case resides in one of seven MDLs assigned to me by the Judicial Panel on Multidistrict Litigation concerning the use of transvaginal surgical mesh to treat pelvic organ prolapse ("POP") and stress urinary incontinence ("SUI"). In the seven MDLs, there are more than 58,000...
PROPOSED FINDINGS AND RECOMMENDATIONS CHERYL A. EIFERT , Magistrate Judge . This action seeks a review of the decision of the Commissioner of the Social Security Administration (hereinafter "Commissioner") denying Plaintiff's application for a period of disability and disability insurance benefits ("DIB") under Title II of the Social Security Act, 42 U.S.C. 401-433. The matter is assigned to the Honorable John T. Copenhaver, Jr., United States District Judge, and was referred to the...
