LaLonde v. C R Bard Incorporated et al
| Judy Ann LaLonde |
| C R Bard Incorporated and Bard Peripheral Vascular Incorporated |
| 1:2019cv01516 |
| October 25, 2019 |
| US District Court for the Eastern District of California |
| Dale A Drozd |
| Barbara A McAuliffe |
| Lawrence J O'Neill |
| Sheila K Oberto |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 3, 2020. A more recent docket listing may be available from PACER.
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| Filing 24 MOTION to WITHDRAW as ATTORNEY filed by John A. Dalimonte and Paul Lincoln Stoller by Judy Ann LaLonde. (Attachments: #1 Proposed Order)(Rueb, Gregory) |
| Filing 23 MINUTES (Text Only) for proceedings before Magistrate Judge Barbara A. McAuliffe on 12/20/2019: SCHEDULING CONFERENCE - HELD. Order to follow. The Court discussed the status of this case and the related cases and will schedule deadlines for fact discovery, expert discovery, and dispositive motion filing. Expert discovery and dispositive motion filing will be conducted among the related cases in two waves based upon the date each case was filed in the multi-district litigation. In light of the judicial emergency in this District, the Court will not set pretrial conference or trial dates. The Court directed the parties to address any counsel identified on the docket who have not been terminated and are not admitted to practice before the Court. Such counsel must be terminated or appropriate steps must be taken to obtain admission to practice before the Court on or before December 23, 2019. The Court also addressed the parties' stipulation to adopt protective orders and case management orders previously issued in the multi-district litigation. The Court discussed its concerns that the proposed stipulations are unclear as drafted. The parties may resubmit a stipulation which addresses the Court's concerns as explained at the conference. The parties agreed to deadlines to submit briefing regarding reopening general discovery. The Court encouraged plaintiff's counsel to review the Court's order denying the plaintiff's request to reopen general discovery in related case Todd v. C R Bard Inc., et al., Case No. 1:19-cv-01226-DAD-BAM. Plaintiff may submit a brief on or before January 10, 2020, addressing whether general discovery should be reopened and the reasons therefore. Defendants may file a responsive brief on or before January 17, 2020. Each brief shall not exceed five (5) pages in length. The issue of whether general discovery will be reopened will then be taken under submission and decided on the papers. The Court further discussed the parties' disagreement regarding the application of case management orders issued in the multi-district litigation to this case as well as the use of fact sheets to conduct non-expert discovery. The parties agreed to continue to meet and confer regarding these issues and the Court reminded the parties of the availability of its informal discovery dispute procedures. Finally, the Court addressed Plaintiff's intent to file a motion to consolidate the related cases and Plaintiff's counsel represented he no longer intended to do so in light of the relation and reassignment of the cases remanded to this District from the multi-district litigation. Plaintiff's Counsel: Gregory Rueb appeared by telephone - present. Defendants' Counsel: Eric Buhr, Shawtina Lewis, and James Rogers appeared by telephone - present. Court Reporter/CD Number: ECRO - Alice Timken. (Valdez, E) |
| Filing 22 CERTIFICATE of SERVICE by Judy Ann LaLonde. (Rueb, Gregory) |
| Filing 21 JOINT SCHEDULING REPORT by Bard Peripheral Vascular Incorporated, C R Bard Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Lewis, Shawtina) |
| Filing 20 NOTICE of APPEARANCE by Gregory David Rueb on behalf of Judy Ann LaLonde. Attorney Rueb, Gregory David added. (Rueb, Gregory) |
Filing 19
PRO HAC VICE ORDER Added attorney Matthew B. Lerner, PHV for Bard Peripheral Vascular Incorporated,Matthew B. Lerner, PHV for C R Bard Incorporated, signed by Magistrate Judge Barbara A. McAuliffe on 11/19/2019. (Flores, E)
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Filing 18
PRO HAC VICE ORDER Added attorney James F. Rogers, PHV for Bard Peripheral Vascular Incorporated,James F. Rogers, PHV for C R Bard Incorporated, signed by Magistrate Judge Barbara A. McAuliffe on 11/15/2019. (Flores, E)
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Filing 17
MINUTE ORDER (TEXT Only): In light of the Court's Order Relating and Reassigning Cases, the Initial SCHEDULING CONFERENCE currently set for February 4, 2020 before Magistrate Judge Sheila K. Oberto is hereby RESET for December 20, 2019 at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. A JOINT Scheduling Conference Report, carefully prepared and executed by all counsel, shall be electronically filed in full compliance with the requirements set forth in the Order Setting Mandatory Scheduling Conference (see attached), one (1) full week prior to the Scheduling Conference, and a copy shall be e-mailed, in Word format, to bamorders@caed.uscourts.gov. The parties are encouraged to appear telephonically at the Scheduling Conference and may do so with each party using the following dial-in number and passcode: dial-in number 1-877-411-9748; passcode 3190866. Additionally, the parties are advised that the Court held a conference on November 6, 2019 in the related cases, Case Nos. 1:19-cv-01226-DAD-BAM, 1:19-cv-01228-DAD-BAM, 1:19-cv-01236-DAD-BAM, 1:19-cv-01238-DAD-BAM, 1:19-cv-01239-DAD-BAM, 1:19-cv-01240-DAD-BAM, 1:19-cv-01243-DAD-BAM, 1:19-cv-01316-DAD-BAM, 1:19-cv-01317-DAD-BAM, 2:15-cv-01418-DAD-BAM. At the conference, following a discussion regarding the status of the related cases, the parties in the related cases agreed to meet and confer regarding a uniform and coordinated proposed schedule for fact discovery, expert discovery, and dispositive motion filing deadlines in all related cases. In light of the judicial emergency in this District, the Court declined to set pretrial conference or trial dates. The Court further reminded the parties in the related cases of their obligation to file a Notice of Related Case pursuant to Local Rule 123 for any future related cases that are remanded or transferred to the Court. The parties in the related cases were additionally directed to address as appropriate any counsel identified on the docket who have not been terminated and are not admitted to practice before the Court. The Court also discussed how the parties shall submit MDL orders they wish to be entered on this Court's docket. Case-specific discovery is open in the related cases and the parties in the related cases agreed to deadlines for amendment of the pleadings, the exchange of initial disclosures, the submission of briefing regarding reopening general discovery, and to a continuance of the Initial Scheduling Conference. As part of their Rule 26 conference, the parties in this case should discuss the foregoing issues raised by the Court at the November 6, 2019 conference held in the related cases. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 11/19/2019. (Gonzales, V)
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| Filing 16 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Bard Peripheral Vascular Incorporated, C R Bard Incorporated for attorney JAMES F. ROGERS to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8571813) (Attachments: #1 Exhibit A- Certificate of Good Standings)(Lewis, Shawtina) |
| Filing 15 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Bard Peripheral Vascular Incorporated, C R Bard Incorporated for attorney Matthew B. Lerner to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8571500) (Attachments: #1 Exhibit A- Certificate of Good Standing)(Lewis, Shawtina) |
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Filing 14
ORDER RELATING and REASSIGNING CASES to District Judge Dale A. Drozd and Magistrate Judge Barbara A. McAuliffe for all further proceedings signed by District Judge Dale A. Drozd on 11/12/2019. New Case Number: 1:19-cv-1516 DAD-BAM. (Flores, E)
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| Filing 13 NOTICE of RELATED CASE(S) 1:19-cv-1225-DAD-BAM, 1:19-CV-01495-AWI-EPG by Bard Peripheral Vascular Incorporated, C R Bard Incorporated. (Lewis, Shawtina) |
| Filing 12 CORPORATE DISCLOSURE STATEMENT by Defendants Bard Peripheral Vascular Incorporated, C R Bard Incorporated. (Lewis, Shawtina) |
| Filing 11 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Bard Peripheral Vascular Incorporated, C R Bard Incorporated. (Lewis, Shawtina) |
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Filing 10
ORDER SUBSTITUTING ATTORNEY Shawtina Ferguson Lewis for C R Bard Incorporated in place of attorney Richard B North, Jr, NCAED signed by Magistrate Judge Sheila K. Oberto on 10/29/2019. (Sant Agata, S)
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Filing 9
ORDER SUBSTITUTING ATTORNEY Shawtina Ferguson Lewis for Bard Peripheral Vascular Incorporated in place of attorney Richard B North, Jr, NCAED signed by Magistrate Judge Sheila K. Oberto on 10/29/2019. (Sant Agata, S)
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| Filing 8 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Bard Peripheral Vascular Incorporated. (Lewis, Shawtina) |
| Filing 7 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by C R Bard Incorporated. (Lewis, Shawtina) |
| Filing 6 CLERK'S NOTICE to Attorneys John A. Dalimonte, Paul Lincoln Stoller, and Richard B North, Jr.: You will need to submit the Pro Hac Vice Application along with the fee to file in this court/case. (Marrujo, C) |
| SERVICE BY MAIL: #6 Docket Annotation, #5 Civil New Case Documents for LJO served on Richard B North, Jr NCAED. (Marrujo, C) |
| Filing 5 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 2/4/2020 at 09:45 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Marrujo, C) |
| Filing 4 CASE TRANSFERRED IN from District of Arizona; Case Number 2:19-cv-02346. |
| Remark: Transferring Case to the Eastern District of California via electronic transfer. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from azd on 10/25/2019.] |
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Filing 3
SUGGESTION OF REMAND AND TRANSFER ORDER. (Second) See Order for Complete Details. Signed by Senior Judge David G Campbell on 10/17/19. (MAP) [Transferred from azd on 10/25/2019.]
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| Filing 2 This case has been assigned to the Honorable David G. Campbell, with member case number: CV-19-2346-PHX-DGC. This case is included in MDL-2641. All future pleadings or documents should be filed in the Lead Case: 2:15-md-2641-DGC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from azd on 10/25/2019.] |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-16771944 filed by Judy Ann LaLonde. (Attachments: #1 Civil Cover Sheet)(MAP) [Transferred from azd on 10/25/2019.] |
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