Godreau-Rivera et al v. Coloplast Corp.
Plaintiff: Rosario Godreau-Rivera and Jose Rivera-Kercado
Defendant: Coloplast Corp.
Case Number: 1:2019cv01807
Filed: September 26, 2019
Court: US District Court for the District of Delaware
Presiding Judge: Leonard P Stark
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 14, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 26, 2019 Opinion or Order Filing 76 Local Counsel Letter sent. Notice of Compliance deadline set for 10/28/2019. (nmg)
September 26, 2019 Opinion or Order Filing 75 Record of case transferred in from District of West Virginia Southern; Case Number in Other District: 2:16-cv-00871. Copy of Docket Sheet and original file
September 23, 2019 Opinion or Order Filing 74 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp.. (Attachments: #1 ECF 2551-1 - Exhibit A, #2 ECF 2551-2 - Exhibit B, #3 ECF 2553 - Minute Entry re Telephonic Hearing, #4 ECF 2554 - Order re Plaintiffs Motion to Compel, #5 ECF 2555 - Transcript 6-7-19 Telephonic Hearing, #6 ECF 2568 - Order re Plaintiffs Motion to Compel, #7 ECF 2600 - Plaintiffs Notice of Adoption (Becker), #8 ECF 2603 - Plaintiffs Notice of Adoption (Freeman), #9 ECF 2604 - Plaintiffs Notice of Adoption (Jarnagin), #10 ECF 2605 - Plaintiffs Notice of Adoption (Molavi), #11 ECF 2607 - Coloplast Notice of Adoption (Garely), #12 ECF 2609 - Coloplast Notice of Adoption (Mays), #13 ECF 2610 - Coloplast Notice of Adoption (Pence), #14 ECF 2611 - Coloplast Notice of Adoption (Rosenzweig), #15 ECF 2621 - Coloplast Notice of Adoption (Becker), #16 ECF 2624 - Coloplast Notice of Adoption (Freeman), #17 ECF 2625 - Coloplast Notice of Adoption (Jarnagin), #18 ECF 2626 - Coloplast Notice of Adoption (Molavi), #19 ECF 2637 - Order re Plaintiffs Motion to Compel, #20 ECF 2638 - Order re Daubert Motions, #21 ECF 2641 - Order re Jarnagin Daubert Motion)(Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.]
September 23, 2019 Opinion or Order Filing 73 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp.. (Attachments: #1 ECF 2535-1 - Exhibit 1, #2 ECF 2535-2 - Exhibit 2, #3 ECF 2535-3 - Exhibit 3, #4 ECF 2536 - Plaintiffs Opposition to Motion to Exclude Pence, #5 ECF 2536-1 - Exhibit A, #6 ECF 2536-2 - Exhibit B, #7 ECF 2536-3 - Exhibit C, #8 ECF 2536-4 - Exhibit D, #9 ECF 2536-5 - Exhibit E, #10 ECF 2536-6 - Exhibit F, #11 ECF 2537 - Plaintiffs Opposition to Motion to Exclude Rosenzweig, #12 ECF 2540 - Coloplast Reply ISO Motion to Exclude Pence, #13 ECF 2540-1 - Exhibit 1-A, #14 ECF 2540-2 - Exhibit 1-B, #15 ECF 2541 - Coloplast Reply ISO Motion to Exclude Garely, #16 ECF 2543 - Plaintiffs Reply ISO Motion to Exclude Becker, #17 ECF 2544 - Coloplast Reply ISO Motion to Exclude Rosenzweig, #18 ECF 2546 - Plaintiffs Reply ISO Motion to Exclude Molavi, #19 ECF 2549 - Plaintiffs Reply ISO Motion to Exclude Jarnagin, #20 ECF 2550 - Coloplast Reply ISO Motion to Exclude Mays, #21 ECF 2550-1 - Exhibit 1, #22 ECF 2550-2 - Exhibit 2, #23 ECF 2550-3 - Exhibit 3, #24 ECF 2550-4 - Exhibit 4)(Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.]
September 23, 2019 Opinion or Order Filing 72 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp.. (Attachments: #1 ECF 2522 - Transcript 4-12-19 Telephonic Hearing, #2 ECF 2527 - Coloplast Opposition to Motion to Exclude Molavi, #3 ECF 2528 - Coloplast Opposition to Motion to Exclude Freeman, #4 ECF 2528-1 - Exhibit 1, #5 ECF 2528-2 - Exhibit 2, #6 ECF 2528-3 - Exhibit 3, #7 ECF 2528-4 - Exhibit 4, #8 ECF 2528-5 - Exhibit 5, #9 ECF 2528-6 - Exhibit 6, #10 ECF 2528-7 - Exhibit 7, #11 ECF 2529 - Coloplast Opposition to Motion to Exclude Becker, #12 ECF 2529-1 - Exhibit 1, #13 ECF 2529-2 - Exhibit 2, #14 ECF 2529-3 - Exhibit 3, #15 ECF 2529-4 - Exhibit 4, #16 ECF 2529-5 - Exhibit 5, #17 ECF 2529-6 - Exhibit 6, #18 ECF 2529-7 - Exhibit 7, #19 ECF 2529-8 - Exhibit 8, #20 ECF 2530 - Coloplast Opposition to Motion to Exclude Jarnagin, #21 ECF 2534 - Plaintiffs Opposition to Motion to Exclude Garely, #22 ECF 2534-1 - Exhibit 1, #23 ECF 2534-2 - Exhibit 2, #24 ECF 2534-3 - Exhibit 3, #25 ECF 2534-4 - Exhibit 4, #26 ECF 2534-5 - Exhibit 5, #27 ECF 2534-6 - Exhibit 6, #28 ECF 2534-7 - Exhibit 7)(Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.]
September 23, 2019 Opinion or Order Filing 71 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp.. (Attachments: #1 ECF 2504-1 - Exhibit 1, #2 ECF 2504-2 - Exhibit 2, #3 ECF 2504-3 - Exhibit 3, #4 ECF 2504-4 - Exhibit 4, #5 ECF 2504-5 - Exhibit 5, #6 ECF 2504-6 - Exhibit 6, #7 ECF 2504-7 - Exhibit 7, #8 ECF 2504-8 - Exhibit 8, #9 ECF 2504-9 - Exhibit 9, #10 ECF 2504-10 - Exhibit 9A, #11 ECF 2504-11 - Exhibit 10, #12 ECF 2505 - Coloplast Memo ISO Motion to Exclude Mays, #13 ECF 2510 - Plaintiffs Motion to Exclude Molavi, #14 ECF 2511 - Plaintiffs Memo ISO Motion to Exclude Molavi, #15 ECF 2512 - Coloplast Motion to Exclude Rosenzweig, #16 ECF 2513 - Coloplast Memo ISO Motion to Exclude Rosenzweig, #17 ECF 2514 - Plaintiffs Motion to Exclude Freeman, #18 ECF 2514-1 - Exhibit 1, #19 ECF 2514-2 - Exhibit 2, #20 ECF 2518 - Plaintiffs Motion to Exclude Jarnagin, #21 ECF 2518-1 - Exhibit A, #22 ECF 2518-2 - Exhibit B, #23 ECF 2518-3 - Exhibit C, #24 ECF 2518-4 - Exhibit D, #25 ECF 2518-5 - Exhibit E, #26 ECF 2518-6 - Exhibit F, #27 ECF 2518-7 - Exhibit G, #28 ECF 2519 - Plaintiffs Memo ISO Motion to Exclude Jarnagin)(Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.]
September 23, 2019 Opinion or Order Filing 70 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp.. (Attachments: #1 ECF 2142 - Pretrial Order 138, #2 ECF 2240 - Pretrial Order 139, #3 ECF 2241 - Pretrial Order 140, #4 ECF 2257 - Pretrial Order 142, #5 ECF 2260 - Pretrial Order 143, #6 ECF 2299 - Pretrial Order 145, #7 ECF 2310 - Pretrial Order 146, #8 ECF 2317 - Pretrial Order 147, #9 ECF 2338 - Pretrial Order 149, #10 ECF 2339 - Pretrial Order 150, #11 ECF 2381 - Transcript 3-1-19 Telephonic Hearing, #12 ECF 2393 - Pretrial Order 154, #13 ECF 2418 - Transcript 4-3-19 Telephonic Hearing, #14 ECF 2450 - Plaintiffs Hague Convention Request, #15 ECF 2472 - Plaintiffs Hague Convention Request, #16 ECF 2484 - Pretrial Order 158, #17 ECF 2494 - Coloplast Motion to Exclude Garely, #18 ECF 2495 - Coloplast Memo ISO Motion to Exclude Garely, #19 ECF 2500 - Coloplast Motion to Exclude Pence, #20 ECF 2500-1 - Exhibit 1, #21 ECF 2500-2 - Exhibit 2, #22 ECF 2500-3 - Exhibit 3, #23 ECF 2500-4 - Exhibit 4, #24 ECF 2500-5 - Exhibit 5, #25 ECF 2501 - Coloplast Memo ISO Motion to Exclude Pence, #26 ECF 2502 - Plaintiffs Motion to Exclude Becker, #27 ECF 2502-1 - Exhibit 1, #28 ECF 2502-2 - Exhibit 2, #29 ECF 2503 - Plaintiffs Memo ISO Motion to Exclude Becker)(Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.]
September 23, 2019 Opinion or Order Filing 69 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp.. (Attachments: #1 ECF 527 - Pretrial Order 100, #2 ECF 558 - Pretrial Order 102, #3 ECF 561 - Pretrial Order 103, #4 ECF 562 - Pretrial Order 104, #5 ECF 572 - Pretrial Order 105, #6 ECF 588 - Pretrial Order 107, #7 ECF 621 - Pretrial Order 109, #8 ECF 622 - Pretrial Order 110, #9 ECF 634 - Pretrial Order 112, #10 ECF 969 - Pretrial Order 117, #11 ECF 1028 - Pretrial Order 119, #12 ECF 1197 - Pretrial Order 121, #13 ECF 1198 - Plaintiffs Second Amended Master LF Complaint, #14 ECF 1258 - Coloplast Answer to Plaintiffs Second Amended LF Complaint, #15 ECF 1259 - Pretrial Order 122, #16 ECF 1260 - Pretrial Order 123, #17 ECF 1261 - Pretrial Order 124, #18 ECF 1262 - Mentor Answer to Plaintiffs Second Amended LF Complaint, #19 ECF 1275 - Pretrial Order 125, #20 ECF 1276 - Pretrial Order 126, #21 ECF 1277 - Pretrial Order 127, #22 ECF 1289 - Pretrial Order 128, #23 ECF 1351 - Pretrial Order 129, #24 ECF 1361 - Pretrial Order 130, #25 ECF 1382 - Pretrial Order 131, #26 ECF 1430 - Pretrial Order 132, #27 ECF 1448 - Pretrial Order 134, #28 ECF 1491 - Pretrial Order 135, #29 ECF 1543 - Order re Mentor OBTape MDL Production)(Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.]
September 23, 2019 Opinion or Order Filing 68 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp.. (Attachments: #1 ECF 13 - Pretrial Order 5, #2 ECF 33 - Pretrial Order 10, #3 ECF 40 - Pretrial Order 12, #4 ECF 41 - Pretrial Order 13, #5 ECF 48 - Pretrial Order 15, #6 ECF 59 - Pretrial Order 20, #7 ECF 86 - Joint Motion Show Cause Dismissal of Certain Defendants, #8 ECF 87 - Pretrial Order 26, #9 ECF 89 - Pretrial Order 27, #10 ECF 92 - Pretrial Order 28, #11 ECF 93 - Pretrial Order 29, #12 ECF 96 - Pretrial Order 30, #13 ECF 124 - Pretrial Order 32, #14 ECF 152 - Pretrial Order 37, #15 ECF 163 - Pretrial Order 40, #16 ECF 166 - Pretrial Order 41, #17 ECF 171 - Pretrial Order 43, #18 ECF 178 - Pretrial Order 44, #19 ECF 188 - Pretrial Order 47, #20 ECF 193 - Pretrial Order 49, #21 ECF 234 - Pretrial Order 55, #22 ECF 256 - Pretrial Order 59, #23 ECF 374 - Pretrial Order 74, #24 ECF 381 - Pretrial Order 76, #25 ECF 389 - Pretrial Order 77, #26 ECF 395 - Pretrial Order 79, #27 ECF 420 - Pretrial Order 80, #28 ECF 442 - Pretrial Order 86, #29 ECF 474 - Pretrial Order 90, #30 ECF 491 - Pretrial Order 94)(Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.]
September 12, 2019 Opinion or Order Filing 67 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.]
June 4, 2019 Opinion or Order Filing 66 REPLY by Coloplast Corp. to #63 Response In Opposition. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.]
June 4, 2019 Opinion or Order Filing 65 REPLY MEMORANDUM OF LAW by Coloplast Corp. to #61 Response In Opposition. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.]
June 4, 2019 Opinion or Order Filing 64 REPLY by Coloplast Corp. to #62 Response In Opposition. (Attachment: #1 Exhibit A)(Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.]
May 28, 2019 Opinion or Order Filing 63 RESPONSE by Rosario Godreau-Rivera, Jose Rivera-Kercado in opposition to #52 MOTION by Coloplast Corp. to Exclude or Limit the Opinion Testimony of Bruce Rosenzweig, M.D.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Haberman, Jeffrey) [Transferred from West Virginia Southern on 9/26/2019.]
May 28, 2019 Opinion or Order Filing 62 RESPONSE by Rosario Godreau-Rivera, Jose Rivera-Kercado in opposition to #56 MOTION by Coloplast Corp. to Exclude or Limit Certain Opinions and Testimony of Plaintiffs' Expert, Paul Michaels, MD. (Attachments: #1 Exhibit A)(Haberman, Jeffrey) [Transferred from West Virginia Southern on 9/26/2019.]
May 28, 2019 Opinion or Order Filing 61 RESPONSE by Rosario Godreau-Rivera, Jose Rivera-Kercado in opposition to #54 MOTION by Coloplast Corp. for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Haberman, Jeffrey) [Transferred from West Virginia Southern on 9/26/2019.]
May 22, 2019 Opinion or Order Filing 60 RESPONSE TO ORDER TO SHOW CAUSE by Coloplast Corp. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.]
May 22, 2019 Opinion or Order Filing 59 RESPONSE TO ORDER TO SHOW CAUSE by Rosario Godreau-Rivera, Jose Rivera-Kercado (Attachment: #1 Exhibit A)(Haberman, Jeffrey) [Transferred from West Virginia Southern on 9/26/2019.]
May 20, 2019 Opinion or Order Filing 58 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.]
May 13, 2019 Opinion or Order Filing 57 MEMORANDUM OF LAW by Coloplast Corp. in support of #56 MOTION by Coloplast Corp. to Exclude or Limit Certain Opinions and Testimony of Plaintiffs' Expert, Paul Michaels, MD. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.]
May 13, 2019 Opinion or Order Filing 56 MOTION by Coloplast Corp. to Exclude or Limit Certain Opinions and Testimony of Plaintiffs' Expert, Paul Michaels, MD. (Attachments: #1 Exhibit A, #2 Exhibit B)(Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.]
May 13, 2019 Opinion or Order Filing 55 MEMORANDUM OF LAW by Coloplast Corp. in support of #54 MOTION by Coloplast Corp. for Partial Summary Judgment (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.]
May 13, 2019 Opinion or Order Filing 54 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)(Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.]
May 13, 2019 Opinion or Order Filing 53 MEMORANDUM OF LAW by Coloplast Corp. in support of #52 MOTION by Coloplast Corp. to Exclude or Limit the Opinion Testimony of Bruce Rosenzweig, M.D.. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.]
May 13, 2019 Opinion or Order Filing 52 MOTION by Coloplast Corp. to Exclude or Limit the Opinion Testimony of Bruce Rosenzweig, M.D.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.]
May 7, 2019 Opinion or Order Filing 51 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.]
May 6, 2019 Opinion or Order Filing 50 NOTICE OF DEPOSITION DUCES TECUM by Rosario Godreau-Rivera, Jose Rivera-Kercado of Bruce Rosenzweig, M.D. on May 7, 2019 at 1:00 p.m. CDT (Haberman, Jeffrey) [Transferred from West Virginia Southern on 9/26/2019.]
May 1, 2019 Opinion or Order Filing 49 NOTICE OF DEPOSITION by Coloplast Corp. of Bruce Rosenzweig, M.D. on May 7, 2019 at 1:00 p.m. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.]
April 30, 2019 Opinion or Order Filing 48 NOTICE OF VIDEO DEPOSITION by Rosario Godreau-Rivera, Jose Rivera-Kercado of Paul J. Michaels, MD on May 1, 2019 at 6:30 pm (CDT) (Haberman, Jeffrey) [Transferred from West Virginia Southern on 9/26/2019.]
April 24, 2019 Opinion or Order Filing 47 NOTICE OF DEPOSITION by Coloplast Corp. of Paul J. Michaels, M.D. on May 1, 2019 at 6:30 p.m. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.]
April 8, 2019 Opinion or Order Filing 46 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.]
March 13, 2019 Opinion or Order Filing 45 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.]
February 22, 2019 Opinion or Order Filing 44 CERTIFICATE OF SERVICE by Rosario Godreau-Rivera, Jose Rivera-Kercado for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Haberman, Jeffrey) [Transferred from West Virginia Southern on 9/26/2019.]
December 7, 2018 Opinion or Order Filing 43 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.]
December 3, 2018 Opinion or Order Filing 42 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.]
November 13, 2018 Opinion or Order Filing 41 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.]
September 21, 2018 Opinion or Order Filing 40 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.]
September 13, 2018 Opinion or Order Filing 39 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.]
November 3, 2017 Opinion or Order NOTICE OF DOCKET CORRECTION re: #38 Certificate of Service by Coloplast Corp. for Designation and Disclosure of Case-Specific Expert Witnesses. ERROR: Disclosures attached in their entirety. CORRECTION: Disclosures removed and Certificate of Service retained. (ts) [Transferred from West Virginia Southern on 9/26/2019.]
November 2, 2017 Opinion or Order Filing 38 CERTIFICATE OF SERVICE by Coloplast Corp. for Designation and Disclosure of Case-Specific Expert Witnesses. (Varney, Lana) (Modified on 11/3/2017 to remove disclosures and retain certificate of service)(ts). [Transferred from West Virginia Southern on 9/26/2019.]
October 27, 2017 Opinion or Order Filing 37 CERTIFICATE OF SERVICE by Coloplast Corp. for Responses and Objections to First Requests for Production, Interrogatories, Requests for Admissions. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.]
October 25, 2017 Opinion or Order Filing 36 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) (crg) [Transferred from West Virginia Southern on 9/26/2019.]
October 23, 2017 Opinion or Order Filing 35 CERTIFICATE OF SERVICE by Rosario Godreau-Rivera for Answers to Interrogatories, Responses to Requests for Production and Responses to Requests for Admissions. (Haberman, Jeffrey) [Transferred from West Virginia Southern on 9/26/2019.]
October 13, 2017 Opinion or Order Filing 34 SEVENTH AMENDED NOTICE OF VIDEOTAPED DEPOSITION by Rosario Godreau-Rivera of Babak Vakili, MD on 10/16/17 at 1:30 (Haberman, Jeffrey) [Transferred from West Virginia Southern on 9/26/2019.]
October 11, 2017 Opinion or Order Filing 33 NOTICE OF VIDEOTAPED DEPOSITION by Coloplast Corp. of Gloria Diaz on October 17, 2017 at 2:00 p.m. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.]
September 21, 2017 Opinion or Order Filing 32 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.]
September 20, 2017 Opinion or Order Filing 31 CERTIFICATE OF SERVICE by Rosario Godreau-Rivera, Jose Rivera-Kercado for Interrogatories, Requests for Production and Requests for Admissions. (Haberman, Jeffrey) [Transferred from West Virginia Southern on 9/26/2019.]
September 15, 2017 Opinion or Order Filing 30 CERTIFICATE OF SERVICE by Rosario Godreau-Rivera for Expert Report of Paul J. Michaels, M.D. (Haberman, Jeffrey) [Transferred from West Virginia Southern on 9/26/2019.]
September 5, 2017 Opinion or Order Filing 29 CERTIFICATE OF SERVICE by Rosario Godreau-Rivera for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Haberman, Jeffrey) [Transferred from West Virginia Southern on 9/26/2019.]
September 1, 2017 Opinion or Order Filing 28 SIXTH AMENDED NOTICE OF VIDEOTAPED DEPOSITION by Rosario Godreau-Rivera of Babak Vakili, MD on October 16, 2017 at 1:00 (Haberman, Jeffrey) [Transferred from West Virginia Southern on 9/26/2019.]
August 31, 2017 Opinion or Order Filing 27 FIFTH AMENDED NOTICE OF VIDEOTAPED DEPOSITION by Rosario Godreau-Rivera of Babak Vakili, MD on October 16, 2017 at 1:00 (Haberman, Jeffrey) [Transferred from West Virginia Southern on 9/26/2019.]
August 30, 2017 Opinion or Order Filing 26 NOTICE OF VIDEOTAPED DEPOSITION by Coloplast Corp. of Babak Vakili, M.D. on October 16, 2017 at 1:30 p.m. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.]
August 29, 2017 Opinion or Order Filing 25 ORDER on Motion filed in MDL 2387: granting MOTION by Lana K. Varney for Change of Address in MDL 2387 and in 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 08/29/2017. (cc: attys; any unrepresented party) (PMA) [Transferred from West Virginia Southern on 9/26/2019.]
August 15, 2017 Opinion or Order Filing 24 CROSS NOTICE OF VIDEOTAPED DEPOSITION by Coloplast Corp. of Dr. Babak Vakili on August 22, 2017 at 8:00 a.m. (Attachments: #1 Exhibit A, #2 Exhibit B)(Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.]
August 3, 2017 Opinion or Order Filing 23 NOTICE OF VIDEOTAPED DEPOSITION by Coloplast Corp. of Jose Rivera-Kercado on August 21, 2017 at 1:00 p.m. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.]
August 3, 2017 Opinion or Order Filing 22 NOTICE OF VIDEOTAPED DEPOSITION by Coloplast Corp. of Rosario Godreau-Rivera on August 21, 2017 at 9:00 a.m. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.]
July 27, 2017 Opinion or Order Filing 21 FOURTH AMENDED NOTICE OF VIDEOTAPED DEPOSITION by Rosario Godreau-Rivera of Babak Vakili, MD on 08/22/2017 at 8:00 a.m. (Haberman, Jeffrey) [Transferred from West Virginia Southern on 9/26/2019.]
July 20, 2017 Opinion or Order Filing 20 THIRD AMENDED NOTICE OF VIDEOTAPED DEPOSITION by Rosario Godreau-Rivera of Babak Vakili, MD on 08/22/2017 at 8:00 a.m. (Haberman, Jeffrey) [Transferred from West Virginia Southern on 9/26/2019.]
July 14, 2017 Opinion or Order Filing 19 SECOND AMENDED NOTICE OF VIDEOTAPED DEPOSITION by Rosario Godreau-Rivera of Babak Vakili, MD on 08/22/2017 at 10:00 a.m. (Haberman, Jeffrey) [Transferred from West Virginia Southern on 9/26/2019.]
June 22, 2017 Opinion or Order Filing 18 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.]
June 20, 2017 Opinion or Order Filing 17 PLAINTIFF FACT SHEET filed by Rosario Godreau-Rivera, Jose Rivera-Kercado. (Attachments: #1 Exhibit(s) 1)(Haberman, Jeffrey) [Transferred from West Virginia Southern on 9/26/2019.]
June 20, 2017 Opinion or Order Filing 16 PLAINTIFF PROFILE FORM filed by Rosario Godreau-Rivera, Jose Rivera-Kercado. (Attachments: #1 Exhibit(s) 1)(Haberman, Jeffrey) [Transferred from West Virginia Southern on 9/26/2019.]
June 15, 2017 Opinion or Order Filing 15 AMENDED NOTICE OF VIDEOTAPED DEPOSITION by Rosario Godreau-Rivera of Babak Vakili, MD on 06/27/17 at 10:00 a.m. (Haberman, Jeffrey) [Transferred from West Virginia Southern on 9/26/2019.]
June 8, 2017 Opinion or Order Filing 14 NOTICE OF VIDEO DEPOSITION by Rosario Godreau-Rivera of Babak Vakili, MD on June 27, 2017 at 10:00 a.m. (Haberman, Jeffrey) [Transferred from West Virginia Southern on 9/26/2019.]
June 2, 2017 Opinion or Order Filing 13 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. (brn) [Transferred from West Virginia Southern on 9/26/2019.]
June 1, 2017 Opinion or Order Filing 12 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.]
May 10, 2017 Opinion or Order Filing 11 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.]
April 25, 2017 Opinion or Order Filing 10 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.]
August 26, 2016 Opinion or Order Filing 9 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.]
August 23, 2016 Opinion or Order Filing 8 PRETRIAL ORDER # 112 (Order Amending PTO # 105 to correct email address) The PTO # 105 is amended to correct Mr. Mark Holbrook's email address, the remaining provisions of PTO # 105 remain in force and effect; and the PTO # 12 is amended to omit paragraphs 2.a, 3.a (first paragraph only) and 3.b. referring to bellwether cases and subgroups of bellwether cases, the remaining provisions in PTO # 12 related to Plaintiff Profile Forms, PFSs and DFSs remain in place, and the PFS and DFS are adopted for use in the Coloplast MDL wave and other cases, where applicable, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 8/23/2016. (cc: Clerk of the JPMDL; attys) (MDL 2387; Wave 1 Cases) (kll) [Transferred from West Virginia Southern on 9/26/2019.]
August 12, 2016 Opinion or Order Filing 7 PRETRIAL ORDER # 109 (Second Amended Docket Control Order Coloplast Wave 1 Cases) The PTO # 103 (First Amended Docket Control Order Coloplast Wave 1 Cases) is amended to stay all deadlines for Coloplast Wave 1 cases except the Plaintiff Fact Sheet deadline of 8/19/2016. Signed by Judge Joseph R. Goodwin on 8/12/2016. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2387; Wave 1 Cases) (jk) [Transferred from West Virginia Southern on 9/26/2019.]
June 21, 2016 Opinion or Order Filing 6 PRETRIAL ORDER # 105 (Order re: Amending PTO # 12 and Adopting Plaintiff Fact Sheets and Defendant Fact Sheets) The PTO # 12 is amended to omit paragraphs 2.a, 3.a (first paragraph only) and 3.b. In light of the court's recent decision to enter wave orders in this MDL, those provisions referring to bellwether cases and subgroups of bellwether cases are no longer applicable. The remaining provisions in PTO # 12 related to Plaintiff Profile Forms, PFSs and DFSs remain in place. The PFS and DFS is adopted for use in the Coloplast MDL wave and other cases, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 6/21/2016. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit B) (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2387 WAVE 1 Cases) (mmw) [Transferred from West Virginia Southern on 9/26/2019.]
June 10, 2016 Opinion or Order Filing 5 PRETRIAL ORDER # 103 (First Amended Docket Control Order Coloplast Wave 1 Cases) The PTO # 102 is amended to (1) add a Plaintiff Fact Sheet Deadline of 8/19/2016, and (2) correct minor typographical errors. Signed by Judge Joseph R. Goodwin on 6/10/2016. (Attachment: #1 Exhibit A) (cc: Clerk of the JPMDL; attys) (REF: MDL 2387; Wave 1 Cases Listed on Exhibit A) (ts) [Transferred from West Virginia Southern on 9/26/2019.]
June 9, 2016 Opinion or Order Filing 4 PRETRIAL ORDER # 102 (Docket Control Order Coloplast Wave 1 Cases) The cases identified on Exhibit A will be known as the Coloplast Wave 1 cases; the stay of discovery contained in PTO # 100 is lifted as to the Coloplast Wave 1 cases, and the following deadlines shall apply: Defendant Fact Sheets due by 9/19/2016, Deadline for written discovery requests due by 10/24/2016, Expert disclosure by plaintiffs due by 10/10/2016, Expert disclosure by defendants due by 11/07/2016, Expert disclosure for rebuttal purposes due by 11/23/2016, Deposition deadline and close of discovery due by 12/07/2016, Filing of Dispositive Motions due by 12/27/2016, Response to Dispositive Motions due by 1/10/2017, Reply to response to Dispositive Motions due by 1/17/2017, Filing of Daubert Motions due by 1/09/2017, Responses to Daubert Motions due by 1/23/2017, Reply to response to Daubert Motions due by 1/30/2017, Filing of Motions in Limine due by 3/06/2017, and Response to Motions in Limine due by 3/13/2017; 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 court's attention in a consolidated manner on or before 11/07, any response is due 11/21, and any reply is due 11/28; the parties shall meet and confer concerning the appropriate venue for the trial of each of the cases no later than 10/02/2017, and the parties shall submit joint venue recommendations to the court by 10/14/2017; the Clerk is directed to file a copy of this order in 2:12-md-2387 and in the Coloplast Wave 1 cases identified in Exhibit A and to identify each case on Exhibit A as a Coloplast Wave 1 case. Signed by Judge Joseph R. Goodwin on 6/9/2016. (Attachment: #1 Exhibit A) (cc: Clerk of the JPMDL; attys) (REF: MDL 2387; Wave 1 Cases Listed on Exhibit A) (ts) [Transferred from West Virginia Southern on 9/26/2019.]
January 28, 2016 Opinion or Order Filing 3 TRANSMITTED PRETRIAL ORDER # 86 (Fourth Amended Docket Control Order Wave 1 Cases) entered on 01/15/2016 in MDL 2387 to attorneys in member case. (kp) [Transferred from West Virginia Southern on 9/26/2019.]
January 28, 2016 Opinion or Order Filing 2 ELECTRONIC SUMMONS ISSUED as to Coloplast Corp., 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). (sas) [Transferred from West Virginia Southern on 9/26/2019.]
January 27, 2016 Opinion or Order Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-4360016. (Attachments: #1 Civil Cover Sheet) (sas) [Transferred from West Virginia Southern on 9/26/2019.]

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Plaintiff: Rosario Godreau-Rivera
Represented By: Robert Joseph Leoni
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Plaintiff: Jose Rivera-Kercado
Represented By: Robert Joseph Leoni
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Defendant: Coloplast Corp.
Represented By: Lana K. Varney
Represented By: Donald E. Reid
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