Baker v. C R Bard Incorporated et al
| Christine Baker |
| C R Bard Incorporated, Bard Peripheral Vascular Incorporated, Bard Peripheral Vascular Inc. and C. R. Bard, Inc. |
| 2:2019cv00766 |
| October 23, 2019 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Nicholas P Mizell |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 46 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Susan C. Baker. (SB) |
| Filing 45 TRANSCRIPT of Status Conference held on 11/14/19 before Judge Chappell. Court Reporter/Transcriber Susan Baker,Telephone number 239-461-2064. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 1/10/2020, Redacted Transcript Deadline set for 1/21/2020, Release of Transcript Restriction set for 3/19/2020. (SB) |
Filing 44
ENDORSED ORDER granting #43 Defendants' Unopposed Motion for Enlargement of Time to Respond to Plaintiff's Amended Complaint. Defendant may respond to Plaintiff's Amended Complaint #37 on or before December 27, 2019. Signed by Magistrate Judge Nicholas P. Mizell on 12/20/2019. (HAP)
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| Filing 43 Unopposed MOTION for Extension of Time to File Answer re #37 Amended Complaint for a period of one week, through and including December 27, 2019, by Bard Peripheral Vascular Inc., C. R. Bard, Inc.. (Ocariz, Rebecca) Motions referred to Magistrate Judge Nicholas P. Mizell. |
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Filing 42
ENDORSED ORDER granting #41 Defendants' Unopposed Motion for Enlargement of Time to Respond to Plaintiff's Amended Complaint. For good cause shown and because the motion is unopposed, Defendant may respond to Plaintiff's Amended Complaint #37 on or before December 20, 2019. Signed by Magistrate Judge Nicholas P. Mizell on 12/17/2019. (HAP)
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| Filing 41 Unopposed MOTION for Extension of Time to File Answer re #37 Amended Complaint , for a period of three (3) days from today, through and including December 20, 2019, by Bard Peripheral Vascular Inc., C. R. Bard, Inc.. (Ocariz, Rebecca) Motions referred to Magistrate Judge Nicholas P. Mizell. |
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Filing 40
ENDORSED ORDER denying without prejudice #35 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for failure to comply with Local Rule 3.01(g). Pursuant to the Middle District of Florida Administrative Procedures for Electronic Filing IV. A. 4., "No proposed order or judgment may be submitted unless authorized by the assigned judge." Signed by Magistrate Judge Nicholas P. Mizell on 12/3/2019. (HAP)
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Filing 39
ENDORSED ORDER denying without prejudice #34 Plaintiff Christine Baker Motion to Withdraw Counsel of Record for failure to comply with this Court's Local Rules, specifically Local Rule 3.01(g) and 2.03(b). Signed by Magistrate Judge Nicholas P. Mizell on 12/3/2019. (HAP)
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Filing 38
ENDORSED ORDER. On December 3, 2019, the Court ordered Plaintiff to show cause or alternatively to file an amended complaint. (Doc. 36). Plaintiff filed an Amended Complaint (Doc. #37), so the Court will take no further action on its Order (Doc. 36). Signed by Judge Sheri Polster Chappell on 12/3/2019. (KRH)
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| Filing 37 AMENDED COMPLAINT for Damages against All Defendants with Jury Demand. filed by Christine Baker.(Johnson, Joseph) |
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Filing 36
ENDORSED ORDER. This matter comes before the Court on sua sponte review of the file. At a status conference on November 14, 2019, Plaintiff was directed to file a single amended complaint within fourteen (14) days. To date, Plaintiff has not filed an amended complaint, and the time to do so has expired. Accordingly, the Court ORDERS Plaintiff to show cause, in writing, why she has not filed the amended complaint on or before December 6, 2019, or, alternatively, file the amended complaint by that date. Signed by Judge Sheri Polster Chappell on 12/3/2019. (KRH)
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| Filing 35 MOTION for Ben C. Martin to appear pro hac vice by All Plaintiffs. (Attachments: #1 Exhibit A Certification of Ben C. Martin, #2 Exhibit BCertificate of Good Standing, #3 Text of Proposed Order)(Johnson, Joseph) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 34 MOTION for Thom Wm. Arbon to withdraw as attorney of Record by All Plaintiffs. (Johnson, Joseph) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 33 NOTICE to counsel Thomas William Arbon of Local Rule 2.02, Special Admission to Practice - Non-resident attorney shall file a written designation and consent-to-act on the part of some member of the bar of this Court; Pay the $150.00 Special Admission Fee; Complete the E-Filer Registration Form to obtain a login and password for CM/ECF; Local counsel must electronically file a Motion to appear Pro Hac Vice on behalf of the non-resident attorney The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (SPB) |
| Filing 32 Minute Entry. Status Conference held before Judge Sheri Polster Chappell: STATUS CONFERENCE held on 11/14/2019. Court Reporter: Susan C. Baker (AEH) |
| Filing 31 NOTICE of Appearance by Rebecca A. Ocariz on behalf of Bard Peripheral Vascular Incorporated, C R Bard Incorporated (Ocariz, Rebecca) |
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Filing 30
ENDORSED ORDER granting Plaintiff's Motion to Appear Telephonically (Doc. #29). Plaintiff may appear telephonically or in person on November 14, 2019, at 9:30 AM. The toll-free teleconference number is 1-888-684-8852. The access code is 9040683. You will then be prompted to enter a participant security code: 19766. Parties appearing by telephone are encouraged to utilize a landline or similarly stable connection free of ambient interference to avoid having any portion of the conference conducted without them. According to the Motion, Joseph Johnson is Plaintiff's local counsel. But Johnson has not entered an appearance in the case. If Johnson intends to appear at the hearing, he must enter a notice of appearance beforehand.. Signed by Judge Sheri Polster Chappell on 11/13/2019. (AEH)
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| Filing 29 MOTION to Appear Telephonically by Christine Baker. (Martin, Ben) Motions referred to Magistrate Judge Nicholas P. Mizell. |
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Filing 28
ENDORSED ORDER denying without prejudice for failing to comply with Local Rule 1.05 and 3.01, in particular 3.01(g) #27 Motion to Appear Telephonically. Signed by Magistrate Judge Nicholas P. Mizell on 11/13/2019. (HAP)
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| Filing 27 MOTION to Appear Telephonically by Christine Baker. (Martin, Ben) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 26 CERTIFICATE of interested persons and corporate disclosure statement re #22 Interested persons order by Christine Baker. (Arbon, Thomas) |
| Filing 25 NOTICE of pendency of related cases re #21 Related Cases Order and Track 2 Notice per Local Rule 1.04(d) by Bard Peripheral Vascular Incorporated, C R Bard Incorporated. Related case(s): yes (Strauch, Michael) Modified on 11/12/2019 as to docket text (MLS). |
| Filing 24 CERTIFICATE of interested persons and corporate disclosure statement re #22 Interested persons order by Bard Peripheral Vascular Incorporated, C R Bard Incorporated. (Attachments: #1 Exhibit A)(Strauch, Michael) |
| Filing 23 NOTICE of hearing: Preliminary Pretrial Conference set for 1/9/2020 at 10:00 AM in Ft. Myers Courtroom 4 E before Magistrate Judge Nicholas P. Mizell. (WRW) |
| Filing 22 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 11/8/2019. Signed by All Divisional Judges on 10/25/2019. (WRW) |
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Filing 21
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 11/8/2019. Signed by Judge Sheri Polster Chappell on 10/25/2019. (WRW)
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| Filing 20 NOTICE of Appearance by Michael E. Strauch on behalf of Bard Peripheral Vascular Incorporated, C R Bard Incorporated (Strauch, Michael) |
| Filing 19 NOTICE of HEARING: Status Conference set for 11/14/2019 at 9:30 AM in Ft. Myers Courtroom 5D before Judge Sheri Polster Chappell (AEH) |
| Filing 18 EXHIBIT to pertinent filings from MDL docket, Orders on Motions in Limine. (Attachments: #1 Doc 9775, #2 Doc 9861, #3 Doc 9881, #4 Doc 10075, #5 Doc 10235, #6 Doc 10258, #7 Doc 10382, #8 Doc 10489, #9 Doc 10819, #10 Doc 10920, #11 Doc 10947, #12 Doc 11041, #13 Doc 11082, #14 Doc 11256, #15 Doc 12507, #16 Doc 12533, #17 Doc 17285, #18 Doc 17401) (SMS) |
| Filing 17 EXHIBIT to pertinent filings from MDL docket, Orders on Discovery and Privilege. (Attachments: #1 Doc 314, #2 Doc 699, #3 Doc 2813, #4 Doc 4865, #5 Doc 6799, #6 Doc 8113, #7 Doc 8315) (SMS) |
| Filing 16 EXHIBIT to pertinent filings from MDL docket, Orders on Deposition Designation. (Attachments: #1 Doc 10348, #2 Doc 10403, #3 Doc 10438, #4 Doc 10486, #5 Doc 10497, #6 Doc 10524, #7 Doc 10922, #8 Doc 11064, #9 Doc 11073, #10 Doc 11080, #11 Doc 11313, #12 Doc 12357, #13 Doc 12508, #14 Doc 12590, #15 Doc 12595, #16 Doc 12598, #17 Doc 17386, #18 Doc 17513, #19 Doc 17582) (SMS) |
| Filing 15 EXHIBIT to pertinent filings from MDL docket, Miscellaneous Orders. (Attachments: #1 Doc 269, #2 Doc 8872, #3 Doc 8874, #4 Doc 10404, #5 Doc 10587, #6 Doc 11321, #7 Doc 11659, #8 Doc 11871, #9 Doc 12007, #10 Doc 12061, #11 Doc 12202, #12 Doc 12589, #13 Doc 12593, #14 Doc 12853, #15 Doc 12971, #16 Doc 17008, #17 Doc 18038) (SMS) |
| Filing 14 EXHIBIT to pertinent filings from MDL docket, Master and Short Form Pleadings. (Attachments: #1 Doc 249, #2 Doc 303-2, #3 Doc 363, #4 Doc 364, #5 Doc 365, #6 Doc 366, #7 Doc 927, #8 Doc 1108, #9 Doc 1153-1, #10 Doc 1153-2, #11 Doc 1485) (SMS) |
| Filing 13 EXHIBIT to pertinent filings from MDL docket, Discovery Orders. (Attachments: #1 Doc 249, #2 Doc 519, #3 Doc 1259, #4 Doc 1319, #5 Doc 1663, #6 Doc 2238, #7 Doc 2239, #8 Doc 3214, #9 Doc 3272, #10 Doc 3312, #11 Doc 3313, #12 Doc 3314, #13 Doc 3372, #14 Doc 3398, #15 Doc 3685, #16 Doc 4015, #17 Doc 4311, #18 Doc 4335, #19 Doc 4339, #20 Doc 4865, #21 Doc 4866, #22 Doc 5770, #23 Doc 5881, #24 Doc 5883, #25 Doc 6227, #26 Doc 6799) (SMS) |
| Filing 12 EXHIBIT to pertinent filings from MDL docket, Daubert Orders. (Attachments: #1 Doc 9428, #2 Doc 9432, #3 Doc 9433, #4 Doc 9434, #5 Doc 9770, #6 Doc 9771, #7 Doc 9772, #8 Doc 9773, #9 Doc 9991, #10 Doc 10051, #11 Doc 10052, #12 Doc 10072, #13 Doc 10230, #14 Doc 10231, #15 Doc 16992, #16 Doc 17285)(SMS) |
| Filing 11 EXHIBIT to pertinent filings from MDL docket, Case Management Orders. (Attachments: #1 Doc 248, #2 Doc 249, #3 Doc 314, #4 Doc 363, #5 Doc 365, #6 Doc 372, #7 Doc 401, #8 Doc 519, #9 Doc 927, #10 Doc 1108, #11 Doc 1259, #12 Doc 1319, #13 Doc 1485, #14 Doc 1662, #15 Doc 1663, #16 Doc 2238, #17 Doc 2239, #18 Doc 3214, #19 Doc 3215, #20 Doc 3372, #21 Doc 3685, #22 Doc 4015, #23 Doc 4016, #24 Doc 4141, #25 Doc 4311, #26 Doc 4335, #27 Doc 4866, #28 Doc 5007, #29 Doc 5285, #30 Doc 5770, #31 Doc 5881, #32 Doc 5883, #33 Doc 6227, #34 Doc 6799, #35 Doc 8113, #36 Doc 8871, #37 Doc 9415, #38 Doc 9775, #39 Doc 10323, #40 Doc 11011, #41 Doc 11320, #42 Doc 11659, #43 Doc 11871, #44 Doc 12061, #45 Doc 12830, #46 Doc 12853, #47 Doc 12971, #48 Doc 13329, #49 Doc 15098, #50 Doc 15176, #51 Doc 16343, #52 Doc 17494)(SMS) |
| Filing 10 PERTINENT Filings from MDL Docket. (Attachments: #1 MDL abbreviated docket sheet omitting parties and counsel, #2 Notice of Filing Submission, Doc 19444, #3 Transfer Order, Doc 19899) (SMS) |
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Filing 9
ORDER with directions to the Clerk to open civil cases. Signed by Judge Timothy J. Corrigan on 10/22/2019. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (originally filed in case 3:19-mc-25-J-32) (SMS)
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| Filing 8 STATEMENT regarding venue and division (originally filed in case 3:19-mc-25-J-32)(SMS) |
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Filing 7
ORDER directing the parties to confer and file one joint statement per case regarding venue, including the specific divisions, no later than October 8, 2019. See order for further detail. Signed by Judge Timothy J. Corrigan on September 16, 2019. (Attachments: #1 Exhibit A List of Cases) (originally filed in case 3:19-mc-25-J-32)(SMS)
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| Filing 6 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 10/23/2019. (MLS) |
| Filing 5 Case transferred in from District of Arizona; Case Number 2:17-cv-04582. File received electronically |
| Remark: Case transferred to Middle District of Florida via electronic transfer. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ) [Transferred from azd on 10/23/2019.] |
| Filing 4 NOTICE OF FILING AMENDED SCHEDULES FOR CASES TO BE TRANSFERRED OR REMANDED Re #3. Signed By Judge David G. Campbell on 8/26/19. (MAP) [Transferred from azd on 10/23/2019.] |
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Filing 3
SUGGESTION OF REMAND AND TRANSFER ORDER. See Document for Details. Signed by Senior Judge David G Campbell on 8/19/19. (SLQ) [Transferred from azd on 10/23/2019.]
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| Filing 2 This case has been assigned to the Honorable David G Campbell, with member case number: CV-17-04582-PHX-DGC. This case is included in MDL-2641. All future pleadings or documents should be filed in the Lead Case: 2:15-md-2641-DGC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LSP) [Transferred from azd on 10/23/2019.] |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-14951913 filed by Christine Baker. (Attachments: #1 Civil Cover Sheet)(LSP) [Transferred from azd on 10/23/2019.] |
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