Zelenak v. C. R. Bard Inc., et al
| Kenneth Zelenak |
| C R Bard Incorporated, Bard Peripheral Vascular Incorporated, C.R. Bard, Inc. and Bard Peripheral Vascular, Inc. |
| 2:2020cv00412 |
| June 11, 2020 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Mac R McCoy |
| Nicholas P Mizell |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on August 7, 2020. A more recent docket listing may be available from PACER.
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| Filing 50 Defendants' ANSWER and affirmative defenses with Jury Demand to #48 Amended Complaint by Bard Peripheral Vascular, Inc., C.R. Bard, Inc..(Yagoda, Jay) |
Filing 49
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 9/4/2020, Discovery due by 7/22/2021, Dispositive motions due by 12/29/2021, Pretrial statement due by 5/6/2022, Plaintiff disclosure of expert report due by 8/20/2021, Defendant disclosure of expert report due by 9/20/2021, Final Pretrial Conference set for 5/27/2022 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell, Trial term commencing 6/1/2022 in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell., Conduct mediation hearing by 12/7/2021. Lead counsel to coordinate dates. Signed by Magistrate Judge Nicholas P. Mizell on 7/30/2020. (WRW)
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| Filing 48 Second AMENDED COMPLAINT against Bard Peripheral Vascular, Inc., C.R. Bard, Inc. with Jury Demand, filed by Kenneth Zelenak.(MLJ) |
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Filing 47
ENDORSED ORDER granting #46 Unopposed Motion for Leave to File Amended Complaint. Given the absence of any opposition, the motion is due to be granted. Cf. Fed. R. Civ. P. 15(a)(2). The Clerk is directed to file the Second Amended Complaint [46-1] as a separate docket entry. Signed by Magistrate Judge Nicholas P. Mizell on 7/24/2020. (brh)
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| Filing 46 MOTION to Amend #35 Amended Complaint by Kenneth Zelenak. (Attachments: #1 Exhibit Second Amended Complaint)(Hyman, Kelly) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 44 Minute Entry. Proceedings held before Magistrate Judge Nicholas P. Mizell: PRELIMINARY PRETRIAL CONFERENCE held on 7/24/2020. (DIGITAL) (WRW) |
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Filing 43
ENDORSED ORDER granting #42 Unopposed Motion for Extension of Time to Respond to Amended Complaint. By August 3, 2020, Defendants will file a response to the amended complaint. Signed by Magistrate Judge Nicholas P. Mizell on 7/17/2020. (brh)
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| Filing 42 Unopposed MOTION for Extension of Time to File Answer re #35 Amended Complaint by Bard Peripheral Vascular, Inc., C.R. Bard, Inc.. (Yagoda, Jay) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 41 APPEARANCE of non-resident counsel and designation of local counsel by David M. Langevin on behalf of Kenneth Zelenak. Local Counsel: Kelly Hyman. Non-Resident Counsel: David M. Langevin. (Langevin, David) |
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Filing 40
ORDER granting #37 the Motion for Admission Pro Hac Vice and Written Designation and Consent to Act. Signed by Magistrate Judge Nicholas P. Mizell on 7/9/2020. (HAP)
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| Filing 39 (Zoom Videoconference) NOTICE of hearing: Preliminary Pretrial Conference set for 7/24/2020 at 10:45 AM before Magistrate Judge Nicholas P. Mizell. All parties shall contact the Courtroom Deputy at wendy_winkel@flmd.uscourts.gov at least 3 days prior as to who will be attending the hearing.(WRW) |
| Filing 38 Case Reassigned to Magistrate Judge Nicholas P. Mizell. New case number: 2:20-cv-412-FtM-38NPM. Magistrate Judge Mac R. McCoy no longer assigned to the case. Motion(s) REFERRED: #37 MOTION for David M. Langevin to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17031075 for $150 . Motion(s) referred to Magistrate Judge Nicholas P. Mizell. (laf) |
| Filing 37 MOTION for David M. Langevin to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17031075 for $150 by Kenneth Zelenak. (Hyman, Kelly) Motions referred to Magistrate Judge Mac R. McCoy. |
| Filing 36 CERTIFICATE of interested persons and corporate disclosure statement re #24 Related case order and track 2 notice by Kenneth Zelenak. (Hyman, Kelly) |
| Filing 35 AMENDED COMPLAINT against Bard Peripheral Vascular Incorporated, C R Bard Incorporated with Jury Demand. filed by Kenneth Zelenak.(Hyman, Kelly) |
| Filing 34 NOTICE of pendency of related cases re #24 Related case order and track 2 notice per Local Rule 1.04(d) by Bard Peripheral Vascular Incorporated, C R Bard Incorporated. Related case(s): yes (Yagoda, Jay) |
| Filing 33 CASE MANAGEMENT REPORT. (Yagoda, Jay) |
| Filing 32 PRETRIAL AND DISCOVERY PLAN. (Attachments: #1 Exhibit A, #2 Exhibit B)(Yagoda, Jay) |
| Filing 31 NOTICE of Appearance by Kelly Hyman on behalf of Kenneth Zelenak (Hyman, Kelly) |
| Filing 30 CORPORATE Disclosure Statement by Bard Peripheral Vascular Incorporated, C R Bard Incorporated identifying Corporate Parent Becton Dickinson and Company for Bard Peripheral Vascular Incorporated, C R Bard Incorporated.. (Yagoda, Jay) |
| Filing 29 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 28 TRANSCRIPT of Status Conference held on 6/22/2020 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 7/22/2020, Redacted Transcript Deadline set for 8/3/2020, Release of Transcript Restriction set for 9/29/2020. (SB) |
| Filing 27 NOTICE to counsel Rhett A. McSweeney 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 26 NOTICE to counsel Rhett A. McSweeney of Local Rule 2.01(d), which states, each attorney must register with the Clerk of the Court and maintain an email address for electronic service by the Clerk. Maintain your e-mail address by logging into CM/ECF or register for a CM/ECF Account at www.flmd.uscourts.gov 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) Modified on 6/30/2020, Incorrect event docketed, please see Docket Entry 27, for correct admission requirements. (SPB). |
| Filing 25 NOTICE to counsel David M. Langevin 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 24 TRACK TWO NOTICE AND CORPORATE DISCLOSURE ORDER. Signed by All Divisional Judges on 6/23/2020. (jmc) |
| Filing 23 Minute Entry. Proceedings held before Judge Sheri Polster Chappell: STATUS CONFERENCE held on 6/22/2020. Court Reporter: Susan C. Baker (AEH) |
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Filing 22
ENDORSED ORDER. This Order memorializes the Court's rulings at a status conference held on June 22, 2020. In accordance with the discussion on the record, Plaintiff must file an amended complaint on or before July 6, 2020. Then, Defendants must respond to the amended complaint on or before July 20, 2020. Additionally, in accordance with the discussion on the record, the Local Rules, and the Court's preferences, the parties must jointly file a case management report on or before July 6, 2020. Signed by Judge Sheri Polster Chappell on 6/22/2020. (KRH)
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| Filing 21 NOTICE OF TELEPHONIC HEARING: A Status Conference set for 6/22/2020 at 1:45 PM in Ft. Myers Courtroom 5D before Judge Sheri Polster Chappell. All parties to appear by phone. DIAL IN INSTRUCTIONS: TOLL FREE NUMBER: 1-888-684-8852, ACCESS CODE: 9040683, SECURITY CODE: 20412. Dial in at least 5 minutes before hearing time. Landline preferred. Do not use the speaker phone feature during the call.(AEH) |
| Filing 20 NOTICE of Appearance by Jay Andrew Yagoda on behalf of Bard Peripheral Vascular Incorporated, C R Bard Incorporated (Yagoda, Jay) |
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Filing 19
ORDER with directions to the Clerk to open civil cases. Signed by Judge Timothy J. Corrigan on June 11, 2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (originally filed in case 3:20-mc-8-J-32) (SMS)
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| Filing 18 JOINT STATEMENT regarding venue and division (originally filed in case 3:20-mc-8-J-32) (SMS) |
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Filing 17
ORDER directing the parties to confer and file one joint statement per case regarding venue, including the specific divisions, no later than May 18, 2020. Defendant's counsel is responsible to ensure that the responses are docketed in CM/ECF in this miscellaneous case as directed. See order for further detail. Signed by Judge Timothy J. Corrigan on April 20, 2020. (Attachments: #1 Exhibit A - Suggestion of Remand and Transfer Order, #2 Exhibit B - List of Cases) (SMS)
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| Filing 16 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 15 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 14 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 13 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 12 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 11 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 10 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 9 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 8 PERTINENT FILINGS from MDL Docket (Attachments: #1 MDL abbreviated docket sheet, #2 Transfer Order, Doc 21472)(SMS) |
| Filing 7 NOTICE to counsel of transfer and case assignment. (drn) |
| Filing 6 Case transferred in from District of Arizona; Case Number 2:18-cv-03247. File received electronically |
| REMARK: Case Transferred to the Middle District of Florida via electronic transfer. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from azd on 6/11/2020.] |
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Filing 5
SECOND AMENDED SUGGESTION OF REMAND AND TRANSFER ORDER (THIRD). See Order for Details. Signed by Senior Judge David G Campbell on 3/20/20. [Amending to Remove Case: Lisa Riley v. C. R. Bard, Inc., 2:18-cv-00896-NV from page 25 of Schedule B] (MAP) [Transferred from azd on 6/11/2020.]
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Filing 4
AMENDED SUGGESTION OF REMAND AND TRANSFER ORDER (THIRD)--See document for details. Signed by Senior Judge David G Campbell on 3/6/20. (SJF) [Transferred from azd on 6/11/2020.]
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Filing 3
SUGGESTION OF REMAND AND TRANSFER ORDER. (Third) See Order for Complete Details. Signed by Senior Judge David G Campbell on 3/4/20. (MAP) [Transferred from azd on 6/11/2020.]
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| Filing 2 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-16060074 filed by Kenneth Zelenak. (Attachments: #1 Civil Cover Sheet)(SLQ) [Transferred from azd on 6/11/2020.] |
| Filing 1 This case has been assigned to the Honorable David G. Campbell, with member case number: CV-18-3247-PHX-DGC. This case is included in MDL-2641. All future pleadings or documents should be filed in the Lead Case: 2:15-md-2641-DGC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from azd on 6/11/2020.] |
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