Vigil et al v. Coloplast Corp.
| Belinda Vigil and Juan Vigil |
| Coloplast Corp. |
| 3:2019cv01851 |
| September 26, 2019 |
| US District Court for the Southern District of California |
| Roger T Benitez |
| Gonzalo P Curiel |
| John A Houston |
| Bernard G Skomal |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 pl |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 21, 2020. A more recent docket listing may be available from PACER.
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| Filing 68 MINUTE ORDER OF RECUSAL. Judge John A. Houston is no longer assigned. Case reassigned to Judge Roger T. Benitez for all further proceedings. The new case number is 19cv1851BEN-BGS.(no document attached) (smd) |
| Filing 67 Judge John A. Houston and Magistrate Judge Bernard G. Skomal assigned to transfer case from Southern District of West Virginia. (All non-registered users served via U.S. Mail Service)(no document attached) (mme) |
| Filing 66 Case transferred in from District of West Virginia Southern; Case Number 2:15-cv-13643. Original file received electronically |
| Filing 65 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp. (Attachments: #1 ECF 2605 Plaintiffs Notice of Adoption Motion to Exclude Molavi, #2 ECF 2606 Plaintiffs Notice of Adoption Motion to Exclude Patel, #3 ECF 2607 Coloplasts Notice of Adoption Motion to Exclude Garely, #4 ECF 2609 Coloplast's Notice of Adoption Motion to Exclude Mays, #5 ECF 2610 - Coloplast's Notice of Adoption Motion to Exclude Pence, #6 ECF 2611 Coloplast's Notice of Adoption Motion to Exclude Rosenzweig, #7 ECF 2614 Plaintiffs' Certificate of Service Expert Disclosures, #8 ECF 2621 Coloplasts Notice of Adoption Motion to Exclude Becker, #9 ECF 2624 Coloplasts Notice of Adoption Motion to Exclude Freeman, #10 ECF 2626 Coloplasts Notice of Adoption Motion to Exclude Molavi, #11 ECF 2627 Coloplasts Notice of Adoption Motion to Exclude Patel, #12 ECF 2634 Remand Order, #13 ECF 2637 Order re: Plaintiffs Motion to Compel, #14 ECF 2638 Order Denying Dauberts Without Prejudice)(Varney, Lana) (Modified on 9/19/2019 to add party filers)(msa). [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 64 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp. (Attachments: #1 ECF 2536 PSC Opposition to Motion Exclude Pence, #2 ECF 2536-1 Exhibit A, #3 ECF 2536-2 Exhibit B, #4 ECF 2536-3 Exhibit C, #5 ECF 2536-4 Exhibit D, #6 ECF 2536-5 Exhibit E, #7 ECF 2536-6 Exhibit F, #8 ECF 2537 - PSC Opposition to Motion to Exclude Rosenzweig, #9 ECF 2540 Coloplasts Reply in Support of Motion to Exclude (Pence), #10 ECF 2540-1 Exhibit 1-A, #11 ECF 2540-2 Exhibit 1-B, #12 ECF 2541 Coloplasts Reply in Support of Motion to Exclude (Garely), #13 ECF 2543 Plaintiffs Reply to Motion to Exclude (Becker), #14 ECF 2544 - Coloplast's Reply to Response in Opposition (Rosenzweig), #15 ECF 2546 Plaintiffs Reply in Support of Motion to Exclude (Molavi), #16 ECF 2548 Plaintiffs Reply in Support of Motion to Exclude (Patel), #17 ECF 2550 Coloplast's Reply to Memo in Opposition (Mays), #18 ECF 2550-1 Exhibit 1, #19 ECF 2550-2 Exhibit 2, #20 ECF 2550-3 Exhibit 3, #21 ECF 2550-4 Exhibit 4, #22 ECF 2551 Plaintiffs Reply in Support of Motion to Exclude (Freeman), #23 ECF 2551-1 Exhibit A, #24 ECF 2551-2 Exhibit B, #25 ECF 2553 Telephonic Motion Hearing, #26 ECF 2554 Order re: Plaintiffs Motion to Compel, #27 ECF 2555 Transcript of Proceedings of Telephonic Conference held on 06/07/19, #28 ECF 2568 Order re: Plaintiffs' Motion to Compel, #29 ECF 2600 Plaintiffs Notice of Adoption Motion to Exclude Becker)(Varney, Lana) (Modified on 9/19/2019 to add party filers) (msa) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 63 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp. (Attachments: #1 ECF 2533-1 Exhibit 1, #2 ECF 2533-2 Exhibit 2, #3 ECF 2533-3 Exhibit 3, #4 ECF 2533-4 Exhibit 4, #5 ECF 2533-5 Exhibit 5, #6 ECF 2533-6 Exhibit 6, #7 ECF 2533-7 Exhibit 7, #8 ECF 2533-8 Exhibit 8, #9 ECF 2533-9 Exhibit 9, #10 ECF 2533-10 Exhibit 10, #11 ECF 2533-11 Exhibit 11, #12 ECF 2533-12 Exhibit 12, #13 ECF 2533-13 Exhibit 13, #14 ECF 2533-14 Exhibit 14, #15 ECF 2533-15 Exhibit 15, #16 ECF 2533-16 Exhibit 16, #17 ECF 2533-17 Exhibit 17, #18 ECF 2533-18 Exhibit 18, #19 ECF 2534 PSC Opposition to Motion to Exclude Garely, #20 ECF 2534-1 Exhibit 1, #21 ECF 2534-2 Exhibit 2, #22 ECF 2534-3 Exhibit 3, #23 ECF 2534-4 Exhibit 4, #24 ECF 2534-5 Exhibit 5, #25 ECF 2534-6 Exhibit 6, #26 ECF 2534-7 Exhibit 7, #27 ECF 2535 PSC Opposition to Motion Exclude Mays, #28 ECF 2535-1 Exhibit 1, #29 ECF 2535-2 Exhibit 2)(Varney, Lana) (Modified on 9/19/2019 to add party filers) (msa) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 62 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp. (Attachments: #1 ECF 2516-14 Exhibit N, #2 ECF 2516-15 Exhibit O, #3 ECF 2516-16 Exhibit P, #4 ECF 2516-17 Exhibit Q, #5 ECF 2516-18 Exhibit R, #6 ECF 2516-19 Exhibit S, #7 ECF 2517 Plaintiffs Memo in Support of Motion to Exclude Patel, #8 ECF 2520 Plaintiffs Memo to Exclude Freeman, #9 ECF 2522 Transcript of Proceedings of Telephonic Conference held on 04/12/19, #10 ECF 2523 Pretrial Order 160, #11 ECF 2526 Plaintiffs' Certificate of Service Expert Disclosures, #12 ECF 2527 Coloplasts Response to Motion in Opposition (Molavi), #13 ECF 2528 Coloplasts Memo to Motion in Opposition (Freeman), #14 ECF 2528-1 Exhibit 1, #15 ECF 2528-2 Exhibit 2, #16 ECF 2528-3 Exhibit 3, #17 ECF 2528-4 Exhibit 4, #18 ECF 2528-5 Exhibit 5, #19 ECF 2528-6 Exhibit 6, #20 ECF 2528-7 Exhibit 7, #21 ECF 2529 Coloplasts Opposition to Motion to Exclude (Freeman), #22 ECF 2529-1 Exhibit 1, #23 ECF 2529-2 Exhibit 2, #24 ECF 2529-3 Exhibit 3, #25 ECF 2529-4 Exhibit 4, #26 ECF 2529-5 Exhibit 5, #27 ECF 2529-6 Exhibit 6, #28 ECF 2529-7 Exhibit 7, #29 ECF 2529-8 Exhibit 8)(Varney, Lana) (Modified on 9/19/2019 to add party filers) (msa) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 61 JOINT CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp. (Attachments: #1 ECF 2504-4 Exhibit 4, #2 ECF 2504-5 Exhibit 5, #3 ECF 2504-6 Exhibit 6, #4 ECF 2504-7 Exhibit 7, #5 ECF 2504-8 Exhibit 8, #6 ECF 2504-9 Exhibit 9, #7 ECF 2504-10 Exhibit 9A, #8 ECF 2504-11 Exhibit 10, #9 ECF 2505 Coloplast's Memo ISO Motion to Exclude Mays, #10 ECF 2510 Plaintiffs Motion to Exclude Molavi, #11 ECF 2511 Plaintiffs Memo in Support of Motion to Exclude Molavi, #12 ECF 2512 Coloplast's Motion to Exclude Rosenzweig, #13 ECF 2513 Coloplast's Memo in Support of Motion to Exclude Rosenzweig, #14 ECF 2514 Plaintiffs Motion to Exclude Freeman, #15 ECF 2514-1 Exhibit 1, #16 ECF 2514-2 Exhibit 2, #17 ECF 2516 Plaintiffs Motion to Exclude Patel, #18 ECF 2516-1 Exhibit A, #19 ECF 2516-2 Exhibit B, #20 ECF 2516-3 Exhibit C, #21 ECF 2516-4 Exhibit D, #22 ECF 2516-5 Exhibit E, #23 ECF 2516-6 Exhibit F, #24 ECF 2516-7 Exhibit G, #25 ECF 2516-8 Exhibit H, #26 ECF 2516-9 Exhibit I, #27 ECF 2516-10 Exhibit J, #28 ECF 2516-11 Exhibit K, #29 ECF 2516-12 Exhibit L)(Varney, Lana) (Modified on 9/19/2019 to add party filers) (msa) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 60 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp. (Attachments: #1 ECF 2310 Pretrial Order 146, #2 ECF 2317 Pretrial Order 147, #3 ECF 2338 Pretrial Order 149, #4 ECF 2339 Pretrial Order 150, #5 ECF 2346 Plaintiffs' Motion to Compel, #6 ECF 2347 Plaintiffs' Memo ISO Motion to Compel, #7 ECF 2370 Plaintiffs' Reply in Response to Opposition, #8 ECF 2388 Plaintiffs' Certificate of Service Expert Disclosures, #9 ECF 2393 Pretrial Order 154, #10 ECF 2468 Plaintiffs' Responses and Objections to Mays NOD, #11 ECF 2469 Plaintiffs First Amended Responses and Objections to Garely NOD, #12 ECF 2470 Plaintiffs' Responses and Objections to Rosenzweig NOD, #13 ECF 2484 Pretrial Order 158, #14 ECF 2494 Coloplasts Motion to Exclude (Garely), #15 ECF 2495 Coloplasts Memo in Support of Motion to Exclude Garely, #16 ECF 2500 Coloplast's Motion to Exclude Pence, #17 ECF 2500-1 - Exhibit 1, #18 ECF 2500-2 - Exhibit 2, #19 ECF 2500-3 - Exhibit 3, #20 ECF 2500-4 - Exhibit 4, #21 ECF 2500-5 - Exhibit 5, #22 ECF 2501 Coloplasts Memo in Support of Motion Exclude Pence, #23 ECF 2502 Plaintiffs Motion to Exclude Becker, #24 ECF 2502-1 Exhibit 1, #25 ECF 2502-2 Exhibit 2, #26 ECF 2503 Plaintiffs Memo in Support of Motion to Exclude Becker, #27 ECF 2504 Coloplasts Motion Exclude Mays, #28 ECF 2504-1 Exhibit 1, #29 ECF 2504-2 Exhibit 2)(Varney, Lana) (Modified on 9/19/2019 to add party filers) (msa) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 59 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp. (Attachments: #1 ECF 1028 Pretrial Order 119, #2 ECF 1197 Pretrial Order 121, #3 ECF 1198 Plaintiffs Second Amended Master Long Form Complaint, #4 ECF 1258 Joint Master Long Form Answer, #5 ECF 1259 Pretrial Order 122, #6 ECF 1260 Pretrial Order 123, #7 ECF 1261 Pretrial Order 124, #8 ECF 1275 Pretrial Order 125, #9 ECF 1276 Pretrial Order 126, #10 ECF 1277 Pretrial Order 127, #11 ECF 1289 Pretrial Order 128, #12 ECF 1351 Pretrial Order 129, #13 ECF 1361 Pretrial Order 130, #14 ECF 1382 Pretrial Order 131, #15 ECF 1430 Pretrial Order 132, #16 ECF 1448 Pretrial Order 134, #17 ECF 1458 PSC Motion to Stay, #18 ECF 1459 PSC Memo ISO Motion to Stay, #19 ECF 1463 Order on PSC Motion to Stay, #20 ECF 1466 PSC Motion to Stay, #21 ECF 1467 PSC Memo ISO Motion to Stay, #22 ECF 1478 Order on PSC Motion to Stay, #23 ECF 1491 Pretrial Order 135, #24 ECF 1583 Pretrial Order 136, #25 ECF 2142 Pretrial Order 138, #26 ECF 2240 Pretrial Order 139, #27 ECF 2241 Pretrial Order 140, #28 ECF 2257 Pretrial Order 142, #29 ECF 2260 Pretrial Order 143)(Varney, Lana) (Modified on 9/19/2019 to add party filers) (msa) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 58 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp. (Attachments: #1 ECF 154 Amended Short Form Complaint, #2 ECF 163 Pretrial Order 40, #3 ECF 166 Pretrial Order 41, #4 ECF 170 Proposed Pretrial Order, #5 ECF 171 Pretrial Order 43, #6 ECF 178 Pretrial Order 44, #7 ECF 188 Pretrial Order 47, #8 ECF 193 Pretrial Order 49, #9 ECF 208 Pretrial Order 52, #10 ECF 234 Pretrial Order 55, #11 ECF 256 Pretrial Order 59, #12 ECF 374 Pretrial Order 74, #13 ECF 381 Pretrial Order 76, #14 ECF 389 Pretrial Order 77, #15 ECF 395 Pretrial Order 79, #16 ECF 420 Pretrial Order 80, #17 ECF 442 Pretrial Order 86, #18 ECF 474 Pretrial Order 90, #19 ECF 491 Pretrial Order 94, #20 ECF 508 Pretrial Order 98, #21 ECF 527 Pretrial Order 100, #22 ECF 558 Pretrial Order 102, #23 ECF 561 Pretrial Order 103, #24 ECF 562 Pretrial Order 104, #25 ECF 572 Pretrial Order 105, #26 ECF 588 Pretrial Order 107, #27 ECF 621 Pretrial Order 109, #28 ECF 622 Pretrial Order 110, #29 ECF 634 Pretrial Order 112)(Varney, Lana) (Modified on 9/19/2019 to add party filers) (msa) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 57 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp. (Attachments: #1 ECF 01 MDL Transfer Order, #2 ECF 02 Pretrial Order 1, #3 ECF 09 Transcript 9-13-12 Status Conference, #4 ECF 10 Pretrial Order 2, #5 ECF 13 Pretrial Order 5, #6 ECF 15 Pretrial Order 6, #7 ECF 33 Pretrial Order 10, #8 ECF 34 Master Long Form Complaint, #9 ECF 35 Short Form Complaint, #10 ECF 36 Amended Short Form Complaint, #11 ECF 40 Pretrial Order 12, #12 ECF 41 Pretrial Order 13, #13 ECF 42 PSC Motion to Amend, #14 ECF 48 Pretrial Order 15, #15 ECF 49 First Amended Master Long Form Complaint, #16 ECF 50 Short Form Complaint, #17 ECF 51 Amended Short Form Complaint, #18 ECF 59 Pretrial Order 20, #19 ECF 60 Pretrial Order 21, #20 ECF 83 Pretrial Order 25, #21 ECF 87 Pretrial Order 26, #22 ECF 88 Mentor Response to PSC Position Statement, #23 ECF 89 Pretrial Order 27, #24 ECF 92 Pretrial Order 28, #25 ECF 93 Pretrial Order 29, #26 ECF 96 Pretrial Order 30, #27 ECF 124 Pretrial Order 32, #28 ECF 137 PSC Omnibus Motion to Amend PSC Membership, #29 ECF 152 Pretrial Order 37)(Varney, Lana) (Modified on 9/19/2019 to add party filers) (msa) [Transferred from West Virginia Southern on 9/26/2019.] |
Filing 56
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 9/26/2019 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 09/25/2019 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 9/12/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2387; Cases Listed on Exhibit A) (kew) [Transferred from West Virginia Southern on 9/26/2019.]
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Filing 55
MEMORANDUM OPINION AND ORDER The #41 MOTION by Coloplast Corp. for Partial Summary Judgment is GRANTED as to Counts I (negligence in manufacturing only), II (strict liability - design defect), III (strict liability - manufacturing defect), VI (breach of express warranty), VII (breach of implied warranty), VIII (fraudulent concealment), IX (constrictive fraud), XI (negligent is representation), XIII, (violation of consumer protection laws), and XIV (gross negligence), and is otherwise DENIED. Signed by Judge Joseph R. Goodwin on 9/12/2019. (cc: counsel of record) (kew) [Transferred from West Virginia Southern on 9/26/2019.]
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| Filing 54 RESPONSE by Coloplast Corp. in opposition to #43 MOTION by Belinda Vigil for Leave to File Plaintiffs' Motion for Leave of Court to Amend the Complaint to Add Aris-Transobturator Sling System with proposed document attached (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 53 REPLY by Coloplast Corp. to #50 Response In Opposition (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Varney, Lana) (Modified on 6/4/2019 to correct event) (msa). [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 52 REPLY by Coloplast Corp. to #48 Motion by Belinda Vigil, Juan Vigil in Opposition to #39 MOTION by Coloplast Corp. to Exclude or Limit the Opinion Testimony of Michael Margolis, M.D.. (Attachments: #1 Exhibit, #2 Exhibit)(Varney, Lana) (Modified on 6/3/2019 to remove and replace incorrect image of Exhibit 2)(slr). [Transferred from West Virginia Southern on 9/26/2019.] |
| NOTICE OF DOCKET CORRECTION re: #52 REPLY by Coloplast Corp. ERROR: Incorrect image of Exhibit 2 attached. CORRECTION: Removed and replaced image of Exhibit 2. (slr) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 51 MEMORANDUM by Belinda Vigil, Juan Vigil in support of #50 Response in Opposition (Balefsky, Lee) (Modified on 5/29/2019 to remove link to #41 Motion and add link to #50 Response)(slr). [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 50 OPPOSITION by Belinda Vigil, Juan Vigil to #41 MOTION by Coloplast Corp. for Partial Summary Judgment (Attachments: #1 Certificate of Service, #2 Proposed Order, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C)(Balefsky, Lee) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 49 MEMORANDUM OF LAW by Belinda Vigil, Juan Vigil in support of #48 MOTION In Opposition to Defendant's Motion to Exclude the Case-Specific Opinions of Dr. Michael T. Margolis on Daubert Grounds. (Balefsky, Lee) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 48 MOTION by Belinda Vigil, Juan Vigil in opposition to #39 MOTION by Coloplast Corp. to Exclude or Limit the Opinion Testimony of Michael Margolis, M.D. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Balefsky, Lee) (Modified on 5/29/2019 to convert event to motion) (msa). [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 47 RESPONSE TO ORDER TO SHOW CAUSE by Coloplast Corp. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 46 RESPONSE TO ORDER TO SHOW CAUSE by Belinda Vigil, Juan Vigil (Balefsky, Lee) [Transferred from West Virginia Southern on 9/26/2019.] |
| NOTICE OF DOCKET CORRECTION re: #43 MOTION by Belinda Vigil for Leave to File Plaintiffs' Motion for Leave of Court to Amend the Complaint to Add Aris-Transobturator Sling System and #45 BRIEF by Belinda Vigil, Juan Vigil in support of #43 MOTION by Belinda Vigil for Leave to File Plaintiffs' Motion for Leave of Court to Amend the Complaint to Add Aris-Transobturator Sling System. ERRORS: Proposed Order and Brief in Support were attached to the Motion. CORRECTION: Proposed Order detached from Motion and docketed as an additional attachment to the motion; brief in support detached from motion and docketed as a separate entry. (slr) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 45 BRIEF by Belinda Vigil, Juan Vigil in support of #43 MOTION by Belinda Vigil for Leave to File Plaintiffs' Motion for Leave of Court to Amend the Complaint to Add Aris-Transobturator Sling System. (slr) [Transferred from West Virginia Southern on 9/26/2019.] |
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Filing 44
PRETRIAL ORDER # 160 (ORDER AND SHOW CAUSE ORDER) Exhibit A Directing that the parties must identify each case as a Remand or Transfer Case and for the Transfer Cases on Exhibit A, the parties must identify venue information as follows: (1) the agreed venue or disputed venue; (2) plaintiff's counsel of record; (3) plaintiff's city and state of residence; and (4) state of plaintiff's implant and any removal(s). For the Remand Cases on Exhibit A, the parties must identify (1) the jurisdiction to which the case must be returned as indicated on the court's docket sheet; and (2) plaintiff's counsel. The parties shall meet and confer concerning the appropriate venue for each of the Transfer Cases and work to identify the remand jurisdiction for the Remand Cases as indicated on the court's docket sheet by 6/1/2019; directing that parties to file the above information by 6/13/2019. The submission of the information as directed by the court is essential to the planned remand or transfer of the remaining cases in this MDL. Exhibit B - Show Cause Directing that in each individual case on Exhibit B, plaintiffs and Coloplast, Inc. or Mentor Worldwide (where named) show cause on or before 6/17/2019, why they should not be sanctioned for failing to comply with the court's scheduling orders pursuant to Rule 16(f) of the Federal Rules of Civil Procedure. Exhibit C - Show Cause Directing that before 6/17/2019, the plaintiff in each individual case must show cause why the case should not be dismissed without prejudice pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Signed by Judge Joseph R. Goodwin on 5/20/2019. (cc: attys; any unrepresented party) (REF: MDL 2387; Cases Listed on Exhibits A, B and C) (hkl) [Transferred from West Virginia Southern on 9/26/2019.]
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| Filing 43 MOTION by Belinda Vigil for Leave to File Plaintiffs' Motion for Leave of Court to Amend the Complaint to Add Aris-Transobturator Sling System with proposed document attached (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, #9 Exhibit I, #10 Exhibit J, #11 Proposed Order))(Balefsky, Lee) (Modified on 5/21/2019 to remove and replace incorrect images; Brief in Support detached and docketed as a separate entry)(slr). [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 42 MEMORANDUM OF LAW by Coloplast Corp. in support of #41 MOTION by Coloplast Corp. for Partial Summary Judgment (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 41 MOTION by Coloplast Corp. for Partial 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)(Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 40 MEMORANDUM OF LAW by Coloplast Corp. in support of #39 MOTION by Coloplast Corp. to Exclude or Limit the Opinion Testimony of Michael Margolis, M.D. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 39 MOTION by Coloplast Corp. to Exclude or Limit the Opinion Testimony of Michael Margolis, M.D. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
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Filing 38
PRETRIAL ORDER # 159 SHOW CAUSE ORDER directing that plaintiffs' leadership and counsel for ALL defendants named in cases in Wave 5, 6, 7 and 8 are directed to show cause in writing in each individual case, why they should not be sanctioned pursuant to Rule 16(f) of the Federal Rules of Civil Procedure for failing to comply with my Order by Wednesday, 5/22/2019; the court has attached Exhibit A, which contains the remaining cases in Coloplast Waves 5, 6, 7 and 8; as a courtesy, the court has attached Exhibit B, containing the cases (1) in Coloplast Wave 9 and (2) other MDL waves now in the Coloplast MDL. The court will schedule a hearing at a later date. Signed by Judge Joseph R. Goodwin on 5/7/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2387; Each case in Coloplast Waves 5, 6, 7 and 8) (mms) [Transferred from West Virginia Southern on 9/26/2019.]
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| Filing 37 CERTIFICATE OF SERVICE by Coloplast Corp. for Amended and Supplemental Designation and Disclosure of Expert Witnesses. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
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Filing 36
PRETRIAL ORDER # 154 (Order re: Supplement to Coloplast Wave 5, 6, 7 and 8 Transfer and Remand Information) The court ORDERS that Pretrial Order #s 142 (Wave 5), 146 (Wave 6), 147 (Wave 7), and 150 (Wave 8) are AMENDED, but only as to paragraph C.1 and 2; all other provisions of each PTO listed above (including C.3) remain in place, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 3/13/2019. (cc: any unrepresented party) (REF: MDL 2387; Coloplast Wave 5-8 cases that remain open) (kab) [Transferred from West Virginia Southern on 9/26/2019.]
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| Filing 35 CERTIFICATE OF SERVICE by Belinda Vigil, Juan Vigil for Rule 26(a)(2) Expert Testimony Disclosures. (Gomez, Christopher) [Transferred from West Virginia Southern on 9/26/2019.] |
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Filing 34
PRETRIAL ORDER # 146 (Docket Control Order Coloplast Wave 6 Cases) The court ORDERS that: 1) The cases on Exhibit A are removed from their previous waves, Coloplast Waves 1, 2, and 3, and placed in Wave 6; 2) The cases on Exhibit B are removed from their previous wave, Coloplast Wave 4, and placed in Wave 6; and 3) To the extent other defendants, in addition to Coloplast are named in the cases on Exhibits A and B, the following deadlines also apply to them. The following deadlines shall apply in all Coloplast Wave 6 cases with the following exceptions as noted: Plaintiff Fact Sheets for Exhibit B cases (former Wave 4 cases only) due by 12/20/2018; Defendant Fact Sheets for Exhibit B cases (former Wave 4 cases only) due by 12/27/2018; Deadline for written discovery requests for cases on Exhibits A and B due by 01/28/2019; Expert disclosures served by plaintiffs pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order for cases on Exhibits A and B due by 02/22/2019; Expert disclosure served by defendants pursuant to Fed. R. Civ P. 26 as limited by 3.a. of this order for cases on Exhibits A and B due by 03/22/2019; Expert disclosure served for rebuttal pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order for cases on Exhibits A and B due by 03/29/2019; Deposition deadline and close of discovery for cases on Exhibits A and B due by 04/29/2019; Filing of dispositive motions for cases on Exhibits A and B due by 05/13/2019; Response to dispositive motions for cases on Exhibits A and B due by 05/28/2019; Reply to response to dispositive motions for cases on Exhibits A and B due by 06/04/2019; Filing of Daubert motions for cases on Exhibits A and B due by 05/13/2019; Responses to Daubert motions for cases on Exhibits A and B due by 05/27/2019; and Reply to response to Daubert motions for cases on Exhibits A and B due by 06/03/2019, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 12/7/2018. (cc: attys; any unrepresented party) (REF: MDL 2387; Coloplast Wave 6 cases identified on Exhibits A and B) (st) [Transferred from West Virginia Southern on 9/26/2019.]
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Filing 33
ORDER granting #31 MOTION by Belinda Vigil, Juan Vigil to Excuse from Appearing at the 12/5/2018 Settlement Conference. Signed by Judge Joseph R. Goodwin on 12/4/2018. (cc: attys; any unrepresented party) (mek) [Transferred from West Virginia Southern on 9/26/2019.]
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Filing 32
PRETRIAL ORDER # 145 (Order Re: Mandatory Settlement Conference for Certain Unresolved Cases December 5, 2018) Directing that the mandatory settlement conferences in the cases on Exhibit B to PTO # 143 will proceed as scheduled on Wednesday, 12/5/2018 at 9:00 a.m. in the Robert C. Byrd United States Courthouse, Charleston, West Virginia. Signed by Judge Joseph R. Goodwin on 12/3/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2387; Cases Identified on Exhibit B) (kab) [Transferred from West Virginia Southern on 9/26/2019.]
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| Filing 31 MOTION by Belinda Vigil, Juan Vigil to Excuse from Appearing at the 12/5/2018 Settlement Conference (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B)(Gomez, Christopher) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 30 INCORRECT ENTRY; IMAGE REMOVED. (Modified on 12/12/2018 to remove image filed in the incorrect civil action) (lca). [Transferred from West Virginia Southern on 9/26/2019.] |
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Filing 29
PRETRIAL ORDER # 143 (Order Re: Mandatory Settlement Conference for Certain Unresolved Cases December 4 and 5, 2018) Directing that 1.) For the cases identified on Exhibit A, attached hereto, the court will conduct a mandatory settlement conference in those cases beginning on 12/4/2018 at 9:00 a.m. 2.) For the cases identified on Exhibit B, attached hereto, the court will conduct a mandatory settlement conference in those cases beginning on 12/5/2018 at 9:00 a.m. 3.) For the cases identified on Exhibit C, attached hereto, these cases have been identified as resolved and pending dismissal by the parties; the parties in these cases need not attend this mandatory settlement conference, but must dismiss and close their cases by 1/11/2019, or an in person show cause hearing will be set. Further directing that (1) individual plaintiffs whose cases are scheduled for a settlement conference shall appear in person for the settlement conference with counsel of record as reflected on the docket sheet for that plaintiff's case; and (2) any plaintiff who fails to comply with this PTO may be subject to a substantial sanction, including dismissal with prejudice. Should any cases on the attached exhibit be closed before the settlement conference, attendance is not required in such case. Signed by Judge Joseph R. Goodwin on 11/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2387; Cases Listed on Exhibits A-C) (brn) [Transferred from West Virginia Southern on 9/26/2019.]
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| Filing 28 AMENDED NOTICE OF VIDEOTAPED DEPOSITION by Coloplast Corp. of Saad Juma, M.D. on October 12, 2018 at 9:00 a.m. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
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Filing 27
PRETRIAL ORDER # 140 (First Amended Order re: Scheduling Mandatory Settlement Conference for Certain Remaining Plaintiffs in Coloplast MDL) Directing that PTO # 139 is amended to change the contact information for Mr. Skeeter Salim contained in footnote 2; the remainder of PTO # 139 remains unchanged. Signed by Judge Joseph R. Goodwin on 9/21/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2387; Cases Listed on Exhibit A) (mek) [Transferred from West Virginia Southern on 9/26/2019.]
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Filing 26
PRETRIAL ORDER # 139 (Order re: Scheduling Mandatory Settlement Conference for Certain Remaining Plaintiffs in Coloplast MDL) Directing that (1) counsel for all plaintiffs identified in the attached Exhibit A, who have claims against Coloplast meet and confer with King & Spalding, Tucker Ellis and/or Ledy Gurren Bass DAvanzo & Siff, LLP, settlement counsel for Coloplast, on or before 11/2/2018, as more fully set forth herein; (2) Ms. Beyea-Schroeder and King & Spalding are directed to provide a joint written report to the court via email on 11/7 2018, identifying which cases remaining on Exhibit A, if any, have not been resolved or dismissed; (3) on or shortly after 11/12/2018, the court will enter an order identifying the cases where a settlement conference will be conducted because the case was not resolved or dismissed; that order will identify on which of the following dates the parties in each case must appear for the settlement conference: 12/4/2018 and 12/5/2018 or such other date as set by the court; (4) individual plaintiffs whose cases are scheduled for a settlement conference shall appear in person for the settlement conference along with counsel of record; (5) any plaintiff who fails to comply with this PTO may be subject to a substantial sanction, including dismissal with prejudice; (6) cases not settled during the settlement conference will be dealt with by further order. Signed by Judge Joseph R. Goodwin on 9/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2387; Cases Listed on Exhibit A) (kab) [Transferred from West Virginia Southern on 9/26/2019.]
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| Filing 25 AMENDED NOTICE OF VIDEOTAPED DEPOSITION by Coloplast Corp. of Michael Guerena, M.D. on September 25, 2018 at 9:00 a.m. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
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Filing 24
PRETRIAL ORDER # 136 (Order Staying Coloplast Wave 1, 2, and 3 Cases) Directing 1) Waves 1, 2 and 3 remaining deadlines for specific causation discovery, expert, Daubert and Dispositive motions as set forth in PTO # 132 are STAYED for 60 days. The stays for general causation discovery remains in effect. 2) The parties are expected to continue settlement negotiations. 3) The parties, by counsel, to provide a joint written report to the court, via email on 12/1/2017, as to which cases in Waves 1, 2 and 3 have not been resolved or dismissed. Any case that has a pending Motion to Dismiss or other dispositive motion should be included on the list with a notation that there is a pending motion and whether the motion, if granted, will be dispositive of the entire civil action. Signed by Judge Joseph R. Goodwin on 10/25/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2387; Waves 1, 2 and 3 Cases) (rec) [Transferred from West Virginia Southern on 9/26/2019.]
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| Filing 23 NOTICE OF VIDEOTAPED DEPOSITION by Coloplast Corp. of Michael Guerena, M.D. on October 31, 2017 at 2:00 p.m. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 22 NOTICE OF VIDEOTAPED DEPOSITION by Coloplast Corp. of Saad Juma, M.D. on October 27, 2017 at 10:00 a.m. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 21 CERTIFICATE OF SERVICE by Coloplast Corp. for Designation and Disclosure of Case-Specific Expert Witnesses and Persons Who May Provide Expert Testimony Specific to Defendant's case Pursuant to Rule 702 of the Federal Rules of Evidence. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 20 CERTIFICATE OF SERVICE by Coloplast Corp. for Interrogatories, Requests for Production and Requests for Admissions. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 19 CERTIFICATE OF SERVICE by Belinda Vigil, Juan Vigil for Designation and Disclosure of Case-Specific Expert Witnesses. (Balefsky, Lee) [Transferred from West Virginia Southern on 9/26/2019.] |
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Filing 18
ORDER on Motion filed in MDL 2387: granting MOTION by Lana K. Varney for Change of Address in MDL 2387 and each individual member case in which she is associated. The court DIRECTS the Clerk to update the information, as set forth in the Motion, both on the main master docket, and for each individual member case in MDL 2387 with which Lana K. Varney is associated. Signed by Judge Joseph R. Goodwin on 8/29/2017. (cc: attys; any unrepresented party) (mek) (ADI) [Transferred from West Virginia Southern on 9/26/2019.]
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| Filing 17 NOTICE OF VIDEOTAPED DEPOSITION by Coloplast Corp. of Juan Vigil on August 15, 2017 at 1:30 p.m. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 16 NOTICE OF VIDEOTAPED DEPOSITION by Coloplast Corp. of Belinda Vigil on August 15, 2017 at 9:00 a.m. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 15 NOTICE OF VIDEO DEPOSITION by Belinda Vigil, Juan Vigil of Michael Guerrena, MD on 07/14/2017 at 9:00 A.M. (Balefsky, Lee) [Transferred from West Virginia Southern on 9/26/2019.] |
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Filing 14
PRETRIAL ORDER # 132 (Fifth Amended Docket Control Order - Coloplast Wave 1 Cases; Fourth Amended Docket Control Order - Coloplast Wave 2 Cases; Second Amended Docket Control Order - Coloplast Wave 3 Cases; Second Amended Docket Control Order - Coloplast Wave 4 Cases) directing that (1) the deadlines for all cases in Coloplast Wave 4 (all of which involve the biologic products) remain stayed for all purposes; and (2) the Coloplast Waves 1, 2 and 3 cases are stayed for purposes of general causation discovery only, but not as to specific causation discovery. The following deadlines apply in the Coloplast Waves 1, 2 and 3 cases. The discovery, expert, dispositive and Daubert motion deadlines pertain only to specific causation in Coloplast Waves 1, 2 and 3: Scheduling Deadlines. Defendant Fact Sheets due by 7/20/2017; Deadline for written discovery requests on Specific Causation due by 9/21/2017; Specific Causation Expert disclosure by plaintiffs due by 9/05/2017; Specific Causation Expert disclosure by defendants due by 10/05/2017; Specific Causation Expert disclosure for rebuttal purposes due by 10/20/2017; Specific Causation Deposition deadline and close of discovery due by 11/04/2017; Filing of Dispositive Motions on Specific Causation due by 11/24/2017; Response to Dispositive Motions on Specific Causation due by 12/08/2017; Reply to response to dispositive motions on Specific Causation due by 12/15/2017; Filing of Daubert motions on Specific Causation due by 12/01/2017; Responses to Daubert motions on Specific Causation due by 12/15/2017; and Reply to response to Daubert motions on Specific Causation due by 12/22/2017. Venue Recommendations. By no later than 10/13/2017, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall submit joint venue recommendations to the court by 10/23/2017. Signed by Judge Joseph R. Goodwin on 6/22/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2387; Waves 1, 2, 3, and 4 Cases) (mmw) [Transferred from West Virginia Southern on 9/26/2019.]
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| Filing 13 NOTICE OF VIDEO DEPOSITION by Belinda Vigil, Juan Vigil of Saad Juma, MD on 07/13/2017 at 9:00 A.M. (Jimenez, Priscilla) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 12 NOTICE OF VIDEO DEPOSITION by Belinda Vigil, Juan Vigil of Douglas Fenton, MD on 07/12/2017 at 9:00 A.M. (Jimenez, Priscilla) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 11 NOTIFICATION FROM JUDICIAL PANEL ON MULTIDISTRICT LITIGATION re: Minute Order Suspending Rule 7.1(a) - Panel Rule 7.1(a), requiring notification to the Clerk of the Panel of potential tag-along actions, is hereby suspended in this litigation until further notice. (mks) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 10 PLAINTIFF FACT SHEET filed by Belinda Vigil, Juan Vigil. (Balefsky, Lee) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 9 PLAINTIFF PROFILE FORM filed by Belinda Vigil, Juan Vigil. (Balefsky, Lee) [Transferred from West Virginia Southern on 9/26/2019.] |
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Filing 8
PRETRIAL ORDER # 130 (Order Staying Coloplast Wave 1, 2, 3 and 4 Cases - AS TO CLAIMS INVOLVING MENTOR OR BIOLOGICS ONLY) It is directed that all wave deadlines are STAYED in Waves 1, 2, 3 and 4, but only as to claims involving Mentor Worldwide LLC or the biologic products (Suspend-Tutoplast Processed Fascia Lata and/or the Axis-Tutoplast Processed Dermis); for all other claims against Coloplast Corp. or other defendants, the wave deadlines remain in place; the requirements of PTO # 129 (Filing of Plaintiff Profile Forms and Plaintiff Fact Sheets) remain in place for all cases in the Coloplast MDL. Signed by Judge Joseph R. Goodwin on 6/1/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2387; Coloplast Wave 1, 2, 3 and 4 cases) (kp) [Transferred from West Virginia Southern on 9/26/2019.]
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Filing 7
PRETRIAL ORDER # 125 (Fourth Amended Docket Control Order - Coloplast Wave 1 Cases; Third Amended Docket Control Order - Coloplast Wave 2 Cases) The court ORDERS that except for the Defendant Fact Sheet deadline, discovery in the Coloplast Wave 1 and 2 cases is STAYED until 5/30/2017. Aside from the Defendant Fact Sheet deadline, which shall remain the same, the court has extended the remaining deadlines by twenty-one (21) days. The court ORDERS that the following deadlines apply in the Coloplast Wave 1 and 2 cases: Scheduling Deadlines. The following deadlines shall apply in the Coloplast Wave 1 and 2 cases: Defendant Fact Sheets due by 6/02/2017, Deadline for written discovery requests by due 8/21/2017, Expert disclosure by plaintiffs due by 8/04/2017, Expert disclosure by defendants due by 9/04/2017, Expert disclosure for rebuttal purposes due by 9/19/2017, Deposition deadline and close of discovery due by 10/03/2017, Filing of Dispositive Motions due by 10/23/2017, Response to Dispositive Motions due by 11/06/2017, Reply to response to dispositive motions due by 11/13/2017, Filing of Daubert motions due by 10/30/2017, Responses to Daubert motions due by 11/06/2017, Reply to response to Daubert motions due by 11/20/2017. Confidential Documents. A consolidated motion to seal is due on or before 9/06/2017, any response is due 9/20/2017 and any reply is due 9/27/2017. Venue Recommendations. By no later than 9/13/2017, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall submit joint venue recommendations to the court by 9/25/2017. Signed by Judge Joseph R. Goodwin on 5/10/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2387; Coloplast Wave 1 and 2 cases) (ts) [Transferred from West Virginia Southern on 9/26/2019.]
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Filing 6
PRETRIAL ORDER # 122 (Third Amended Docket Control Order - Coloplast Wave 1 Cases; Second Amended Docket Control Order - Coloplast Wave 2 Cases) The Clerk is directed to remove the Coloplast Wave 1 or 2 marking from the open Coloplast Waves 1 and 2 cases listed on Exhibit A that involve a biologic product. As to the remaining open cases in Coloplast Wave 1 and 2, this MDL is now in its final phase with only a few hundred cases remaining. As a result, it is necessary to place the cases remaining in Coloplast Waves 1 and 2 on a scheduling order as set forth below. The court ORDERS that the following deadlines apply in the remaining Coloplast Wave 1 and 2 cases attached hereto as Exhibit B: Scheduling Deadlines. The following deadlines shall apply in the Coloplast Wave 1 and 2 cases: Defendant Fact Sheets due by 6/02/2017, Deadline for written discovery requests due by 7/31/2017, Expert disclosure by plaintiffs due by 7/14/2017, Expert disclosure by defendants due by 8/14/2017, Expert disclosure for rebuttal purposes due by 8/29/2017, Deposition deadline and close of discovery due by 9/12/2017, Filing of Dispositive Motions due by 10/02/2017, Response to Dispositive Motions due by 10/16/2017, Reply to response to dispositive motions due by 10/23/2017, Filing of Daubert motions due by 10/09/2017, Responses to Daubert motions due by 10/23/2017, and Reply to response to Daubert motions due by 10/30/2017. 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: A consolidated motion to seal is due on or before 8/16/2017, any response is due 8/30/2017 and any reply is due 9/06/2017. Venue Recommendations. By no later than 8/23/2017, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall submit joint venue recommendations to the court by 9/05/2017. Signed by Judge Joseph R. Goodwin on 4/25/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2387; Cases Listed on Exhibits A and B) (hkl) [Transferred from West Virginia Southern on 9/26/2019.]
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Filing 5
PRETRIAL ORDER # 110 (First Amended Docket Control Order Coloplast Wave 2 Cases) The PTO # 107 (Docket Control Order Coloplast Wave 2 Cases) is amended to stay all deadlines for Coloplast Wave 2 cases except the Plaintiff Fact Sheet deadline of 9/19/2016. Signed by Judge Joseph R. Goodwin on 8/12/2016. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2387; Wave 2 Cases) (mek) [Transferred from West Virginia Southern on 9/26/2019.]
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Filing 4
PRETRIAL ORDER # 107 (Docket Control Order Coloplast Wave 2 Cases) The cases identified on Exhibit A will be known as the Coloplast Wave 2 cases; the stay of discovery contained in PTO # 100 is lifted as to the Coloplast Wave 2 cases, and the following deadlines shall apply: Plaintiff Fact Sheets due by 9/19/2016, Defendant Fact Sheets due by 10/19/2016, Deadline for written discovery requests due by 11/25/2016, Expert disclosure by plaintiffs due by 11/09/2016, Expert disclosure by defendants due by 12/09/2016, Expert disclosure for rebuttal purposes due by 12/26/2016, Deposition deadline and close of discovery due by 1/09/2017, Filing of Dispositive Motions due by 1/30/2017, Response to Dispositive Motions due by 2/13/2017, Reply to response to dispositive motions due by 2/20/2017, Filing of Daubert motions due by 2/09/2017, Responses to Daubert motions due by 2/23/2017, Reply to response to Daubert motions due by 3/02/2017, Filing of Motions in Limine due by 4/07/2017, and Response to Motions in Limine due by 4/14/2017; 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 courts attention in a consolidated manner on or before 12/9/2016, any response is due 12/23/2016, and any reply is due 12/30/2016; the parties shall meet and confer concerning the appropriate venue for the trial of each of the cases by 11/4/2016, and the parties shall submit joint venue recommendations to the court by 11/18/2016; the Clerk is directed to file a copy of this order in 2:12-md-2387 and in the Coloplast Wave 2 cases identified in Exhibit A and to identify each case on Exhibit A as a Coloplast Wave 2 case. Signed by Judge Joseph R. Goodwin on 7/7/2016. (Attachment: #1 Exhibit A) (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2387; Wave 2 Cases Listed on Exhibit A) (bdr) [Transferred from West Virginia Southern on 9/26/2019.]
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| Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Lana K. Varney on behalf of Coloplast Corp.. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 76 (First Amended Docket Control Order Wave 1 Cases) entered on 09/30/2015 in MDL 2387 to attorneys in member case. (Attachment: #1 Exhibit A) (kp) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-4150242. (Attachment: #1 Civil Cover Sheet) (jk) [Transferred from West Virginia Southern on 9/26/2019.] |
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