Davison v. C. R. Bard, Inc.
| Barbara Jean Davison |
| C R Bard Inc |
| 2:2019cv02760 |
| December 17, 2019 |
| US District Court for the District of Kansas |
| Kenneth G Gale |
| Eric F Melgren |
| Angel D Mitchell |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 35
ORDER granting #32 Motion to Appear Pro Hac Vice of Maryanne C. Woo for C R Bard Inc pursuant to D. Kan. Rule 83.5.4 for purposes of this case only; granting #33 Motion to Appear Pro Hac Vice of Daniel C. Kirby for C R Bard Inc pursuant to D. Kan. Rule 83.5.4 for purposes of this case only; granting #34 Motion to Appear Pro Hac Vice of Marilyn A. Moberg for C R Bard Inc pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Kenneth G. Gale on 1/22/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
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| Filing 34 MOTION for attorney Marilyn A. Moberg to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5036997.) by Defendant C R Bard Inc (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 Affidavit, #2 ECF Registration Form)(Stubbs, Kara) |
| Filing 33 MOTION for attorney Daniel Clark Kirby to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5036988.) by Defendant C R Bard Inc (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 Affidavit, #2 ECF Registration Form)(Stubbs, Kara) |
| Filing 32 MOTION for attorney Maryanne Chongmee Woo to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5036980.) by Defendant C R Bard Inc (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 Affidavit, #2 ECF Registration Form)(Stubbs, Kara) |
| Filing 31 MINUTE ORDER REASSIGNING CASE: Case reassigned to Magistrate Judge Kenneth G. Gale for all further proceedings. Magistrate Judge Angel D. Mitchell no longer assigned to case. Signed by deputy clerk on 12/18/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ht) |
| Filing 30 Letter to Counsel on record regarding transferred case from the Southern District of West Virginia. (ydm) |
| Filing 29 CASE TRANSFERRED IN from District of West Virginia Southern; Case Number 2:17-cv-00762. Electronic case file and docket sheet received. (ydm) |
| Filing 28 DESIGNATION OF RECORD for MDL transfers re: 2:10-md-02187 - C. R. Bard, Inc. (Woo, Maryanne) [Transferred from West Virginia Southern on 12/17/2019.] |
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Filing 27
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 12/17/2019 the cases identified on Exhibit A that are still pending shall be transferred to the United States District Courts identified on Exhibit A pursuant to 28 U.S.C. 1404(a); on or before 12/16/2019 the parties are DIRECTED to confer and to file in each pending individual member case identified in Exhibit A, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the Clerk is DIRECTED to use the appropriate function in CM/ECF to extract each member case listed on Exhibit A that remains pending and transfer it to the corresponding United States District Court listed on Exhibit A; after transfer of each member case listed in Exhibit A that is not dismissed prior to the Transfer Date, the Clerk is DIRECTED to formally close the case and strike it from the docket of this court. Signed by Judge Joseph R. Goodwin on 12/3/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2187; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 12/17/2019.]
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| Filing 26 REPLY by C. R. Bard, Inc. to #24 Response In Opposition. (Attachments: #1 Exhibit 8, #2 Exhibit 9)(Woo, Maryanne) [Transferred from West Virginia Southern on 12/17/2019.] |
| Filing 25 REPLY MEMORANDUM OF LAW by C. R. Bard, Inc. in support of #23 Memorandum In Opposition. (Attachments: #1 Exhibit 10, #2 Exhibit 11)(Woo, Maryanne) (Modified on 11/25/2019 to correct link) (kew). [Transferred from West Virginia Southern on 12/17/2019.] |
| Filing 24 MEMORANDUM by Barbara Jean Davison in opposition to #21 MOTION by C. R. Bard, Inc. to Exclude the Opinions and Testimony of Konstantin Walmsley, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Costigan, Dennis) [Transferred from West Virginia Southern on 12/17/2019.] |
| Filing 23 MEMORANDUM by Barbara Jean Davison in opposition to #19 MOTION by C. R. Bard, Inc. for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Costigan, Dennis) [Transferred from West Virginia Southern on 12/17/2019.] |
| Filing 22 MEMORANDUM OF LAW by C. R. Bard, Inc. in support of #21 MOTION by C. R. Bard, Inc. to Exclude the Opinions and Testimony of Konstantin Walmsley, M.D. (Woo, Maryanne) [Transferred from West Virginia Southern on 12/17/2019.] |
| Filing 21 MOTION by C. R. Bard, Inc. to Exclude the Opinions and Testimony of Konstantin Walmsley, M.D. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Woo, Maryanne) [Transferred from West Virginia Southern on 12/17/2019.] |
| Filing 20 MEMORANDUM OF LAW by C. R. Bard, Inc. in support of #19 MOTION by C. R. Bard, Inc. for Summary Judgment (Woo, Maryanne) [Transferred from West Virginia Southern on 12/17/2019.] |
| Filing 19 MOTION by C. R. Bard, Inc. for Summary Judgment (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Woo, Maryanne) [Transferred from West Virginia Southern on 12/17/2019.] |
| Filing 18 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Julia A. Lopez on behalf of C. R. Bard, Inc.. (Lopez, Julia) [Transferred from West Virginia Southern on 12/17/2019.] |
| Filing 17 CERTIFICATE OF SERVICE by Barbara Jean Davison for Objections and Response to C. R. Bard's First Set of Interrogatories and Requests for Production. (Thompson, Fred) [Transferred from West Virginia Southern on 12/17/2019.] |
| Filing 16 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Maryanne C. Woo on behalf of C. R. Bard, Inc.. (Woo, Maryanne) [Transferred from West Virginia Southern on 12/17/2019.] |
| Filing 15 CERTIFICATE OF SERVICE by C. R. Bard, Inc. for First Set of Interrogatories and First Set of Requests for Production. (Kirby, Daniel) [Transferred from West Virginia Southern on 12/17/2019.] |
| Filing 14 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Marilyn Ann Moberg on behalf of C. R. Bard, Inc.. (Moberg, Marilyn) [Transferred from West Virginia Southern on 12/17/2019.] |
| Filing 13 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael K. Brown on behalf of C. R. Bard, Inc.. (Brown, Michael) [Transferred from West Virginia Southern on 12/17/2019.] |
| Filing 12 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Mildred Segura on behalf of C. R. Bard, Inc.. (Segura, Mildred) [Transferred from West Virginia Southern on 12/17/2019.] |
| Filing 11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Daniel C. Kirby on behalf of C. R. Bard, Inc.. (Kirby, Daniel) [Transferred from West Virginia Southern on 12/17/2019.] |
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Filing 10
PRETRIAL ORDER # 305 (Docket Control Order - C. R. Bard Wave 10 Cases) The court ORDERS that the cases on Exhibits A and B are: (1) removed from the pending inactive docket; and (2) placed on the active docket. The court further ORDERS that: (1) The cases are no longer eligible for return to the inactive docket nor may notices of settlement be filed to relieve the parties from scheduling deadlines; (2) To the extent other defendants, in addition to C. R. Bard and Sofradim Production SAS, Tissue Science Laboratories and Covidien entities, are named in the cases on Exhibits A and B, the deadlines below also apply to them; (3) The Clerk will file this Docket Control Order in the main MDL and every case listed on Exhibits A and B become subject to the deadlines in this Docket Control Order; and (4) The following deadlines immediately apply in all Wave 10 cases with one important exception, as more fully set forth herein. Scheduling Deadlines. The following deadlines shall apply in all Bard Wave 10 cases: Plaintiff Fact Sheets due by 05/11/2019. Defendant Fact Sheets due by 05/20/2019. Deadline for written discovery requests due by 06/20/2019. Expert disclosures served by plaintiffs due by 08/19/2019. Expert disclosure served by defendants due by 09/18/2019. Expert disclosure served for rebuttal due by 09/25/2019. Deposition deadline and close of discovery due by 10/25/2019. Filing of dispositive motions due by 11/01/2019. Response to dispositive motions due by 11/15/2019. Reply to response to dispositive motions due by 11/22/2019. Filing of Daubert motions due by 11/04/2019. Responses to Daubert motions due by 11/18/2019. Reply to response to Daubert motions due by 11/25/2019. Confidential Documents. Issues related to sealing of confidential documents that the parties are unable to resolve, must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 9/20/2019, and any response is due by 10/03/2019. Any reply is due by 10/10/2019. Venue Recommendations. The parties shall meet and confer concerning the appropriate venue for each of the cases no later than 10/08/2019, the parties are ORDERED to file joint venue recommendations by 10/18/2019. The parties' joint recommendation(s) shall identify cases where venue is in dispute. Signed by Judge Joseph R. Goodwin on 5/1/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2187; Bard Wave 10 cases identified on Exhibits A and B) (mek) (ADI) [Transferred from West Virginia Southern on 12/17/2019.]
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Filing 9
ORDER The deadline to submit joint motions of dismissal is extended to 10/31/2018 for all cases in MDL 2187 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2187 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 8/15/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2187; Cases on inactive docket) (klc) (ADI) [Transferred from West Virginia Southern on 12/17/2019.]
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Filing 8
INACTIVE DOCKET ORDER: The court has been advised that the plaintiff(s) and C. R. Bard have reached a settlement with regard to Bard. All discovery deadlines are continued until further order of the court. Plaintiff(s) and Bard may submit an agreed order of dismissal with prejudice on or before 8/31/2018; if settlements are not finalized and dismissal orders are not submitted by then the Court will have a hearing to determine the appropriate action pertaining to any remaining cases on the inactive docket. Counsel for plaintiffs and defendant(s) are directed to provide quarterly reports as to their progress in dismissing cases on the inactive docket. This Order is related to the Proposed Inactive Docket Order filed at ECF No. 5785 in MDL Case No. 2187 Bard. Signed by Judge Joseph R. Goodwin on 5/16/2018. (cc: attys; any unrepresented party) (brn) [Transferred from West Virginia Southern on 12/17/2019.]
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Filing 7
PRETRIAL ORDER # 275 (Docket Control Order - C. R. Bard Wave 7 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING C. R. BARD, INC. CASES. The court ORDERS that this Docket Control Order be filed in the main MDL and, as of the time of that filing in every case listed on Exhibit A (hereinafter "Wave 7 cases") becomes subject to the deadlines in this Docket Control Order. The stay on the Covidien Wave 1 cases is lifted and the Covidien Wave 1 cases are incorporated in the C. R. Bard Wave 7 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 7 cases: A. Scheduling Deadlines. Plaintiff Fact Sheets due by 3/19/2018, Defendant Fact Sheets due by 4/19/2018, Deadline for written discovery requests due by 5/18/2018, Expert disclosure by plaintiffs due by 6/04/2018, Expert disclosure by defendants due by 7/05/2018, Expert disclosure for rebuttal purposes due by 7/23/2018, Deposition deadline and close of discovery due by 9/04/2018, Deadline to file list of general causation experts in each individual Wave 7 case due by 9/11/2018, Filing of Dispositive Motions due by 9/21/2018, Response to Dispositive Motions due by 10/05/2018, Reply to response to dispositive motions due by 10/12/2018, Filing of Daubert motions due by 10/05/2018, Responses to Daubert motions due by 10/19/2018, and Reply to response to Daubert motions due by 10/26/2018. B.4. Confidential Documents. In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 8/10/2018, and any response is due by 8/24/2018. Any reply is due by 8/31/2018. C.1. Venue Recommendations. By no later than 8/27/2018 the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties are ORDERED to submit joint venue recommendations to the court by 9/03/2018. Additional directives are set forth herein. Signed by Judge Joseph R. Goodwin on 1/30/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2187; Bard Wave 7 Cases Listed on Exhibit A) (kp) [Transferred from West Virginia Southern on 12/17/2019.]
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| Filing 6 PLAINTIFF PROFILE FORM filed by Barbara Jean Davison. (Migliori, Donald) [Transferred from West Virginia Southern on 12/17/2019.] |
| Filing 5 WAIVER OF SERVICE EXECUTED. Waiver signed by Richard B. North, Jr. on 4/5/2017. C. R. Bard, Inc. waiver mailed on 3/31/2017, answer due 5/30/2017. (North, Richard) [Transferred from West Virginia Southern on 12/17/2019.] |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Richard B. North, Jr on behalf of C. R. Bard, Inc.. (North, Richard) [Transferred from West Virginia Southern on 12/17/2019.] |
| Filing 3 TRANSMITTED PRETRIAL ORDER # 234 (Order re: Mandatory Settlement Conference for Additional Covidien LP, Sofradim and TSL Plaintiffs) entered on 1/18/2017 in MDL 2187 to attorneys in member case. (jk) [Transferred from West Virginia Southern on 12/17/2019.] |
| Filing 2 ELECTRONIC SUMMONS ISSUED as to C. R. Bard, Inc., re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (bw) [Transferred from West Virginia Southern on 12/17/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-5254757. (Attachment: #1 Civil Cover Sheet) (bw) [Transferred from West Virginia Southern on 12/17/2019.] |
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| Plaintiff: Barbara Jean Davison | |
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| Defendant: C R Bard Inc | |
| Represented By: | Marilyn A. Moberg |
| Represented By: | Maryanne C. Woo |
| Represented By: | Daniel C. Kirby |
| Represented By: | Kara Trouslot Stubbs |
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