Abato et al v. C. R. Bard, Inc.
| Virginia Abato and Vincent Abato |
| C. R. Bard, Inc. |
| 6:2019cv00551 |
| March 21, 2019 |
| US District Court for the Middle District of Florida |
| Roy B Dalton |
| Daniel C Irick |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
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Filing 30
ORDER dismissing case. Signed by Judge Roy B. Dalton, Jr. on 4/22/2019. (JLC) Modified on 4/22/2019 (JLC).
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| Filing 29 NOTICE OF RESCHEDULING HEARING: The Status Conference hearing previously scheduled for 5/21/2019 is rescheduled. New scheduling date and time: Status Conference set for 5/29/2019 at 11:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. (ctp)(JLC) |
| Filing 28 Stipulation of dismissal by Vincent Abato, Virginia Abato (Bernheim, Jesse) Modified on 4/15/2019 (LMM). |
| Filing 27 NOTICE of hearing: TELEPHONIC Status Conference set for 5/21/2019 at 11:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. Counsel for the parties shall call 1-888-684-8852, access code 5851307, security code 052119, for the hearing. Counsel for the parties are instructed to call in AT LEAST five minutes prior to the hearing start time.(JLC) |
| Filing 26 NOTICE to counsel (Lori Gail Cohen) of Local Rule 2.02 (signed by deputy clerk). (MAA) |
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Filing 25
DESIGNATED RECORD remanded from WVSD re #11 Joint Designation. (Main document: 1399-Reply by C.R. Bard to 1370 Response in Opposition; Attachments: #1 1451-Transcript of Proceedings held on 02/05/2015, before Judge Joseph R. Goodwin and Magistrate Judge Cheryl A. Eifert, #2 1464-Transcript of Proceedings held on 02/03/15, before Magistrate Judge Cheryl A. Eifert, #3 1468-Transcript of Proceedings of Deposition Designations held on February 12, 2015, before Magistrate Judge Cheryl A. Eifert, #4 1484-MOTION by C. R. Bard, Inc. to Strike Plaintiffs' Expert Disclosures in Wave 3 "Miniwave" Cases, Pt. 1, #5 1484-MOTION by C. R. Bard, Inc. to Strike Plaintiffs' Expert Disclosures in Wave 3 "Miniwave" Cases, Pt. 2, #6 1493-Response by All Plaintiffs in opposition to 1484 MOTION by C. R. Bard, Inc. to Strike Plaintiffs' Expert Disclosures in Wave 3 Miniwave Cases, #7 1496-Order (Defendant C. R. Bard, Inc.'s Motion to Strike Plaintiffs' Expert Disclosures in Wave 3 Miniwave Cases) C. R. Bard, Inc.'s 1484 Motion to Strike Plaintiffs' Expert Disclosures in Wave 3 Miniwave Cases is GRANTED in part and DENIED in part, #8 1502Letter to The Honorable Joseph R. Goodwin re: US Judicial Panel Clerk Order dated March 17, 2015 by C. R. Bard, Inc., Pt. 1, #9 1502Letter to The Honorable Joseph R. Goodwin re: US Judicial Panel Clerk Order dated March 17, 2015 by C. R. Bard, Inc., Pt. 2, #10 1523-Transcript of proceedings of meeting held on April 9, 2015, before Judge Joseph R. Goodwin, #11 1535-TRANSCRIPT OF PROCEEDINGS of Telephonic Status Conference held on April 24, 2015, before Magistrate Judge Cheryl A. Eifert, #12 1578-TRANSCRIPT OF PROCEEDINGS of Status conference held on June 2, 2015, before Judge Joseph R. Goodwin and Magistrate Judge Cheryl A. Eifert, #13 1711-TRANSCRIPT OF PROCEEDINGS of Status conference held on November 19, 2015, #14 1910-RESPONSE by C. R. Bard, Inc. in opposition to JOINT MOTION by Certain Plaintiffs for Entry of Pretrial Order for Completion of Pretrial Discovery and Motion Practice, #15 2416-STATUS CONFERENCE held by Judge Joseph R. Goodwin and Magistrate Judge Eifert on 9/14/2016; Court Reporter: Mary Schweinhagen, #16 2490-ORDER denying MOTION by All Plaintiffs for Consolidation of Certain Trial Selection "Wave" Cases for Trial. Signed by Judge Joseph R. Goodwin on 10/3/2016, #17 5143-MOTION by Certain Plaintiffs to Stay All Cases Involving Defendant Bard's Ajust or Alyte Products, Pt. 1, #18 5143-MOTION by Certain Plaintiffs to Stay All Cases Involving Defendant Bard's Ajust or Alyte Products, Pt. 2, #19 1586-MOTION by C. R. Bard, Inc. for Leave to File Out of Time Defendant C. R. Bard, Inc.'s Response to Plaintiffs' Motion to Stay All Cases Involving Defendant C. R. Bard, Inc.'s Ajust or Alyte Products, Pt. 1, #20 1586-MOTION by C. R. Bard, Inc. for Leave to File Out of Time Defendant C. R. Bard, Inc.'s Response to Plaintiffs' Motion to Stay All Cases Involving Defendant C. R. Bard, Inc.'s Ajust or Alyte Products, Pt. 2, #21 1586-MOTION by C. R. Bard, Inc. for Leave to File Out of Time Defendant C. R. Bard, Inc.'s Response to Plaintiffs' Motion to Stay All Cases Involving Defendant C. R. Bard, Inc.'s Ajust or Alyte Products, Pt. 3, #22 1586-MOTION by C. R. Bard, Inc. for Leave to File Out of Time Defendant C. R. Bard, Inc.'s Response to Plaintiffs' Motion to Stay All Cases Involving Defendant C. R. Bard, Inc.'s Ajust or Alyte Products, Pt. 4).(MAA)
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| Filing 24 DESIGNATED RECORD remanded from WVSD re #11 Joint Designation. (Main document: 1316-Submission of 25 Cases to be included in Wave 3 Miniwave; Attachments: #1 1317-Notice of Case Selection for Mini-wave, #2 1354-Motion and Memorandum of Law in Support by C.R. Bard, Pt. 1, #3 1354-Motion and Memorandum of Law in Support by C.R. Bard, Pt. 2, #4 1354-Motion and Memorandum of Law in Support by C.R. Bard, Pt. 3, #5 1354-Motion and Memorandum of Law in Support by C.R. Bard, Pt. 4, #6 1354-Motion and Memorandum of Law in Support by C.R. Bard, Pt. 5, #7 1354-Motion and Memorandum of Law in Support by C.R. Bard, Pt. 6, #8 1354-Motion and Memorandum of Law in Support by C.R. Bard, Pt. 7, #9 1355-Motion by C.R. Bard, Inc. to Compel Documents and Testimony from Plaintiff's Expert, Pt. 1, #10 1355-Motion by C.R. Bard, Inc. to Compel Documents and Testimony from Plaintiff's Expert, Pt. 2, #11 1355-Motion by C.R. Bard, Inc. to Compel Documents and Testimony from Plaintiff's Expert, Pt. 3, #12 1355-Motion by C.R. Bard, Inc. to Compel Documents and Testimony from Plaintiff's Expert, Pt. 4, #13 1355-Motion by C.R. Bard, Inc. to Compel Documents and Testimony from Plaintiff's Expert, Pt. 5, #14 1355-Motion by C.R. Bard, Inc. to Compel Documents and Testimony from Plaintiff's Expert, Pt. 6, #15 1355-Motion by C.R. Bard, Inc. to Compel Documents and Testimony from Plaintiff's Expert, Pt. 7, #16 1355-Motion by C.R. Bard, Inc. to Compel Documents and Testimony from Plaintiff's Expert, Pt. 8, #17 1355-Motion by C.R. Bard, Inc. to Compel Documents and Testimony from Plaintiff's Expert, Pt. 9, #18 1355-Motion by C.R. Bard, Inc. to Compel Documents and Testimony from Plaintiff's Expert, Pt. 10, #19 1356-Response by All Plaintiffs in opposition to 1354 Motion by C.R. Bard, Inc., Pt. 1, #20 1356-Response by All Plaintiffs in opposition to 1354 Motion by C.R. Bard, Inc., Pt. 2, #21 1356-Response by All Plaintiffs in opposition to 1354 Motion by C.R. Bard, Inc., Pt. 3, #22 1356-Response by All Plaintiffs in opposition to 1354 Motion by C.R. Bard, Inc., Pt. 4, #23 1356-Response by All Plaintiffs in opposition to 1354 Motion by C.R. Bard, Inc., Pt. 5, #24 1356-Response by All Plaintiffs in opposition to 1354 Motion by C.R. Bard, Inc., Pt. 6, #25 1370-Response by All Plaintiffs in opposition to 1355 Motion by C.R. Bard, Pt. 1, #26 1370-Response by All Plaintiffs in opposition to 1355 Motion by C.R. Bard, Pt. 2, #27 1370-Response by All Plaintiffs in opposition to 1355 Motion by C.R. Bard, Pt. 3, #28 1370-Response by All Plaintiffs in opposition to 1355 Motion by C.R. Bard, Pt. 4, #29 1370-Response by All Plaintiffs in opposition to 1355 Motion by C.R. Bard, Pt. 5, #30 1370-Response by All Plaintiffs in opposition to 1355 Motion by C.R. Bard, Pt. 6, #31 1370-Response by All Plaintiffs in opposition to 1355 Motion by C.R. Bard, Pt. 7, #32 1370-Response by All Plaintiffs in opposition to 1355 Motion by C.R. Bard, Pt. 8, #33 1370-Response by All Plaintiffs in opposition to 1355 Motion by C.R. Bard, Pt. 9) (MAA). |
| Filing 23 DESIGNATED RECORD remanded from WVSD re 1[1 ]Joint Designation. (Main document: Doc. 1204 - TRANSCRIPT OF PROCEEDINGS of Telephonic Status Conference held on 08/15/2014; Attachments: #1 Doc. 1205 - TRANSCRIPT OF PROCEEDINGS of Telephonic Conference held on 11/10/2014, #2 Doc. 1220 - TRANSCRIPT OF PROCEEDINGS of Telephonic Conference held on 11/14/2014, #3 Doc. 1222 - TRANSCRIPT OF PROCEEDINGS of Telephonic Conference held on 11/17/2014, #4 Doc. 1230 - EMERGENCY MOTION by All Plaintiffs to Modify 1007 Pretrial Order #131 and 1166 Pretrial Order #142 and for Expedited Hearing, Pt. 1, #5 Doc. 1230 - EMERGENCY MOTION by All Plaintiffs to Modify 1007 Pretrial Order #131 and 1166 Pretrial Order #142 and for Expedited Hearing, Pt. 2, #6 Doc. 1230 - EMERGENCY MOTION by All Plaintiffs to Modify 1007 Pretrial Order #131 and 1166 Pretrial Order #142 and for Expedited Hearing, Pt. 3, #7 Doc. 1237 - TRANSCRIPT OF PROCEEDINGS of Motion Hearing held on November 21, 2014, #8 Doc. 1238 - RESPONSE by C. R. Bard, Inc. to 1230 EMERGENCY MOTION by All Plaintiffs to Modify 1007 Pretrial Order #131 and 1166 Pretrial Order #142 and for Expedited Hearing, #9 Doc. 1240 - MOTION by All Plaintiffs for Consolidation of Certain Trial Selection "Wave" Cases for Trial, Pt. 1, #10 Doc. 1240 - MOTION by All Plaintiffs for Consolidation of Certain Trial Selection "Wave" Cases for Trial, Pt. 2, #11 Doc. 1240 - MOTION by All Plaintiffs for Consolidation of Certain Trial Selection "Wave" Cases for Trial, Pt. 3, #12 MOTION by All Plaintiffs for Consolidation of Certain Trial Selection "Wave" Cases for Trial, Pt. 4, #13 Doc. 1285 - Memorandum by C.R. Bard, Inc. in opposition to 1240 motion, Pt. 1, #14 Doc. 1285 - Memorandum by C.R. Bard, Inc. in opposition to 1240 motion, Pt. 1, #15 Doc. 1295 - Transcript of Proceedings held on 12/09/2014, #16 Doc. 1312 - Reply by All Plaintiffs to 1285 Memorandum In Opposition, Pt. 1, #17 Doc. 1312 - Reply by All Plaintiffs to 1285 Memorandum In Opposition, Pt.2, #18 Doc. 1312 - Reply by All Plaintiffs to 1285 Memorandum In Opposition, Pt.3, #19 Doc. 1312 - Reply by All Plaintiffs to 1285 Memorandum In Opposition, Pt.4, #20 Doc. 1312 - Reply by All Plaintiffs to 1285 Memorandum In Opposition, Pt.5, #21 Doc. 1312 - Reply by All Plaintiffs to 1285 Memorandum In Opposition, Pt.6)(MAA) Modified on 4/9/2019 (MAA). |
| Filing 22 DESIGNATED RECORD remanded from WVSD re #11 Joint Designation. Main document: DOc. 141 - REPLY by C. R. Bard, Inc. to 1028 Response In Opposition; Attachments: #1 Doc. 1062 - TRANSCRIPT OF PROCEEDINGS of Telephonic Conference & Motions Hearing held on 8/29/2014, #2 Doc. 1070 - TRANSCRIPT OF PROCEEDINGS of Telephonic Status Conference held on September 12, 2014, #3 Doc. 1079 - JOINT SUBMISSION CONCERNING PROPOSED REMAND JURISDICTIONS IN WAVE 3 CASES, Pt. 1, #4 Doc. 1079 - JOINT SUBMISSION CONCERNING PROPOSED REMAND JURISDICTIONS IN WAVE 3 CASES, Pt. 2, #5 Doc. 1091 - JOINT STIPULATION BY THE PARTIES REGARDING WRITTEN DISCOVERY IN WAVE 1, 2, AND 3 CASES, Pt. 1, #6 Doc. 1091 - JOINT STIPULATION BY THE PARTIES REGARDING WRITTEN DISCOVERY IN WAVE 1, 2, AND 3 CASES, Pt. 2, #7 Doc. 1091 - JOINT STIPULATION BY THE PARTIES REGARDING WRITTEN DISCOVERY IN WAVE 1, 2, AND 3 CASES, Pt. 3, #8 Doc. 1091 - JOINT STIPULATION BY THE PARTIES REGARDING WRITTEN DISCOVERY IN WAVE 1, 2, AND 3 CASES, Pt. 4, #9 Doc. 1091 - JOINT STIPULATION BY THE PARTIES REGARDING WRITTEN DISCOVERY IN WAVE 1, 2, AND 3 CASES, Pt. 5, #10 Doc. 1091 - JOINT STIPULATION BY THE PARTIES REGARDING WRITTEN DISCOVERY IN WAVE 1, 2, AND 3 CASES, Pt. 6, #11 Doc. 1092 - AMENDED JOINT SUBMISSION CONCERNING PROPOSED REMAND JURISDICTIONS IN WAVE 3 CASES, Pt. 1, #12 Doc. 1092 - AMENDED JOINT SUBMISSION CONCERNING PROPOSED REMAND JURISDICTIONS IN WAVE 3 CASES, Pt.2, #13 Doc. 1106 - MOTION by C. R. Bard, Inc. to Disqualify Neeraj Kohli, M.D. As An Expert For Plaintiffs, Pt. 1, #14 Doc. 1106 - MOTION by C. R. Bard, Inc. to Disqualify Neeraj Kohli, M.D. As An Expert For Plaintiffs, Pt. 2, #15 Doc. 1107 - MEMORANDUM by C. R. Bard, Inc. in support of 1106 MOTION by C. R. Bard, Inc. to Disqualify Neeraj Kohli, M.D. As An Expert For Plaintiffs, #16 Doc. 1143 - TRANSCRIPT OF PROCEEDINGS of Telephonic Status Conference held on 10/24/2014, #17 Doc. 1193 - RESPONSE by C. R. Bard, Inc. in opposition to 1187 EMERGENCYMOTION by All Plaintiffs for Hearing on 1106 MOTION by C. R. Bard, Inc. to Disqualify Neeraj Kohli, M.D. As An Expert For Plaintiffs and to Conduct In Camera Examination, Pt. 1, #18 Doc. 1199 - TRANSCRIPT OF PROCEEDINGS of Telephonic Conference & Motions Hearing held on 11/07/2014).(MAA) Modified on 4/9/2019 (MAA). |
| Filing 21 DESIGNATED RECORD remanded from WVSD re 11 Joint Designation. (Main document: Doc. 959 - RESPONSE by C. R. Bard, Inc. in opposition to 926 EMERGENCYMOTION by All Plaintiffs to Amend 863 Pretrial Order #121 and for In-Person Hearing, Part 1; Attachments: #1 RESPONSE by C. R. Bard, Inc. in opposition to 926 EMERGENCYMOTION by All Plaintiffs to Amend 863 Pretrial Order #121 and for In-Person Hearing, Part 2, #2 RESPONSE by C. R. Bard, Inc. in opposition to 926 EMERGENCYMOTION by All Plaintiffs to Amend 863 Pretrial Order #121 and for In-Person Hearing, Part 3, #3 RESPONSE by C. R. Bard, Inc. in opposition to 926 EMERGENCYMOTION by All Plaintiffs to Amend 863 Pretrial Order #121 and for In-Person Hearing, Part 4, #4 RESPONSE by C. R. Bard, Inc. in opposition to 926 EMERGENCYMOTION by All Plaintiffs to Amend 863 Pretrial Order #121 and for In-Person Hearing, Part 5, #5 RESPONSE by C. R. Bard, Inc. in opposition to 926 EMERGENCYMOTION by All Plaintiffs to Amend 863 Pretrial Order #121 and for In-Person Hearing, Part 6, #6 RESPONSE by C. R. Bard, Inc. in opposition to 926 EMERGENCYMOTION by All Plaintiffs to Amend 863 Pretrial Order #121 and for In-Person Hearing, Part 7, #7 Doc. 965 - REPLY by All Plaintiffs to 959 Response in Opposition, Pt. 1, #8 Doc. 965 - REPLY by All Plaintiffs to 959 Response in Opposition, Pt. 2, #9 Doc. 965 - REPLY by All Plaintiffs to 959 Response in Opposition, Pt. 3, #10 Doc. 965 - REPLY by All Plaintiffs to 959 Response in Opposition, Pt. 4, #11 Doc. 965 - REPLY by All Plaintiffs to 959 Response in Opposition, Pt. 5, #12 Doc. 969 - TRANSCRIPT OF PROCEEDINGS of Motion Hearing & Telephone Conference held on 06/19/2014, # 13 (REMOVED-added in error), **Doc. 987 filed below at #22**, #14 Doc. 995 - JOINT SUBMISSION CONCERNING PROPOSED REMAND JURISDICTIONS, #15 Doc. 1004 - AMENDED JOINT SUBMISSION CONCERNING PROPOSED REMAND JURISDICTIONS, #16 Doc. 1006 - TRANSCRIPT OF PROCEEDINGS of Telephonic Conference held on 07/09/2014, #17 Doc. 1015 -OBJECTIONS by C. R. Bard, Inc. to 1007 Pretrial Order #131, #18 Doc. 1016 - JOINT SUBMISSION CONCERNING CASES THAT SHOULD BE REMOVED FROM WAVE 3, #19 Doc. 1019 - TRANSCRIPT OF PROCEEDINGS held on 08-01-2014, #20 Doc. 1028 - RESPONSE by All Plaintiffs in opposition to Defendant C. R. Bard, Inc.'s 1015 Objections to Pretrial Order #131, Pt. 1, #21 Doc. 1028 - RESPONSE by All Plaintiffs in opposition to Defendant C. R. Bard, Inc.'s 1015 Objections to Pretrial Order #131, Pt. 2.(MAA) Modified on 4/9/2019 (MAA). (Additional attachment(s) added on 4/9/2019: #22 Doc. 987 - JOINT STIPULATION BY THE PARTIES) (MAA). |
| Filing 20 DESIGNATED RECORD remanded from WVSD re 11 Joint Designation. (Main document: Doc.854 - JOINT STIPULATION BY THE PARTIES TO THE PRODUCTION OF CERTAIN C. R. BARD, INC. DOCUMENTS PREVIOUSLY PRODUCED BY C. R. BARD, INC. IN OTHER LITIGATION; Attachments: #1 Doc. 858 - SECOND NOTICE OF CASE SELECTION by C. R. Bard, Inc., #2 Doc. 859 - SELECTION OF WAVE 2 CASES PURSUANT TO PRETRIAL ORDER #118 by All Plaintiffs, #3 Doc. 862 - THIRD AMENDMENT TO PLAINTIFFS' SELECTION OF WAVE 1 CASES by All Plaintiffs, Pt. 1, #4 Doc. 862 - THIRD AMENDMENT TO PLAINTIFFS' SELECTION OF WAVE 1 CASES by All Plaintiffs, Pt. 2, #5 Doc. 869 - FIRST AMENDMENT TO PLAINTIFFS' SELECTION OF WAVE 2 CASES PURSUANT TO PRETRIAL ORDER #102 AND PRETRIAL ORDER #118 by All Plaintiffs, Pt. 1, #6 Doc. 869 - FIRST AMENDMENT TO PLAINTIFFS' SELECTION OF WAVE 2 CASES PURSUANT TO PRETRIAL ORDER #102 AND PRETRIAL ORDER #118 by All Plaintiffs, Pt. 2, #7 Doc. 872 - ORDER Directing that Pretrial Order # 118 (attached hereto) applies in the Wave 2 cases designated by the parties, insofar as there are deadlines related to the Wave 2 cases., #8 Doc. 895 - MOTION by All Plaintiffs to De-designate Documents Identified as Confidential by Defendant C. R. Bard, Inc., Pt. 1, #9 Doc. 895 - MOTION by All Plaintiffs to De-designate Documents Identified as Confidential by Defendant C. R. Bard, Inc., Pt. 2, #10 Doc. 895 - MOTION by All Plaintiffs to De-designate Documents Identified as Confidential by Defendant C. R. Bard, Inc., Pt. 3, #11 Doc. 918 - Response by C. R. Bard, Inc. in opposition to 895 MOTION by All Plaintiffs to De-designate Documents Identified as Confidential by Defendant C. R. Bard, Inc., Pt. 1, #12 Doc. 918 - Response by C. R. Bard, Inc. in opposition to 895 MOTION by All Plaintiffs to De-designate Documents Identified as Confidential by Defendant C. R. Bard, Inc., Pt. 2, #13 Doc. 925 - ORDER Directing that Pretrial Order #121 (attached hereto) applies in the Wave 2 cases designated by the parties, #14 Doc. 926 - EMERGENCY MOTION by All Plaintiffs to Amend 863 Pretrial Order #121 and for In-Person Hearing and Brief in Support, Pt. 1, #15 Doc. 926 - EMERGENCY MOTION by All Plaintiffs to Amend 863 Pretrial Order #121 and for In-Person Hearing and Brief in Support, Pt. 2, #16 Doc. 926 - EMERGENCY MOTION by All Plaintiffs to Amend 863 Pretrial Order #121 and for In-Person Hearing and Brief in Support, Pt. 3, #17 Doc. 926 - EMERGENCY MOTION by All Plaintiffs to Amend 863 Pretrial Order #121 and for In-Person Hearing and Brief in Support, Pt. 4, #18 Doc. 926 - EMERGENCY MOTION by All Plaintiffs to Amend 863 Pretrial Order #121 and for In-Person Hearing and Brief in Support, Pt. 5, #19 Doc. 931 - REPLY by All Plaintiffs to 918 Response by C. R. Bard, Inc. in opposition to 895 MOTION by All Plaintiffs to De-designate Documents Identified as Confidential by Defendant C. R. Bard, Inc. (MAA) |
| Filing 19 DESIGNATED RECORD remanded from WVSD re #11 Joint Designation. (Main document: Doc.683 - RESPONSES by All Plaintiffs to 677 Memorandum of Law in Response to the Draft Pretrial Order (Order to Consolidate), 679 Brief in Opposition to Proposed Pretrial Order on Consolidated Design Defect Trials; Attachments: #1 Doc. 684 - MEMORANDUM by C. R. Bard, Inc. in opposition to 676 Brief in support of Consolidations and Resolution, Pt. 1, #2 Doc. 684 - MEMORANDUM by C. R. Bard, Inc. in opposition to 676 Brief in support of Consolidations and Resolution, Pt. 2, #3 Doc. 685 - MEMORANDUM by C. R. Bard, Inc. in opposition to 678 Objections to Proposed Order to Consolidate, #4 Doc. 689 - SHORT FORM COMPLAINT, #5 Doc. 707 - JOINT MOTION by All Plaintiffs, Cook Incorporated, Cook Biotech, Inc., Cook Medical, Inc. for Show Cause Applicable to All Cases Why the Court Should Not Enter a Stipulated Order Dismissing Certain Cook Defendants from all Cases Without Prejudice, Pt. 1, #6 Doc. 707 - JOINT MOTION by All Plaintiffs, Cook Incorporated, Cook Biotech, Inc., Cook Medical, Inc. for Show Cause Applicable to All Cases Why the Court Should Not Enter a Stipulated Order Dismissing Certain Cook Defendants from all Cases Without Prejudice, Pt. 2, #7 Doc. 821 - NOTICE of Case Selection by C. R. Bard, Inc., Pt. 1, #8 Doc. 821 - NOTICE of Case Selection by C. R. Bard, Inc., Pt. 2, #9 Doc. 822 - SELECTION OF WAVE 1 CASES PURSUANT TO PRETRIAL ORDER #102 by All Plaintiffs, #10 Doc. 830 - AMENDED NOTICE OF CASE SELECTION by C. R. Bard, Inc., Pt. 1, #11 Doc. 830 - AMENDED NOTICE OF CASE SELECTION by C. R. Bard, Inc., Pt. 2, #12 Doc. 831 - AMENDMENT TO PLAINTIFFS' SELECTION OF WAVE 1 CASES PURSUANT TO PRETRIAL ORDER #102 by All Plaintiffs, #13 Doc. 848 - SECOND AMENDMENT TO PLAINTIFFS' SELECTION OF WAVE 1 CASES PURSUANT TO PRETRIAL ORDER #102 AND PRETRIAL ORDER #118 by All Plaintiffs, Pt. 1, #14 Doc. 848 - SECOND AMENDMENT TO PLAINTIFFS' SELECTION OF WAVE 1 CASES PURSUANT TO PRETRIAL ORDER #102 AND PRETRIAL ORDER #118 by All Plaintiffs, Pt. 2. (MAA) |
| Filing 18 DESIGNATED RECORD remanded from WVSD re #11 Joint Designation. (Main document: Doc.598 - TRANSCRIPT OF PROCEEDINGS of Status Conference held on May 23, 2013, before Judge Joseph R. Goodwin & Magistrate Judge Cheryl A. Eifert; Attachments: #1 Doc. 602 - TRANSCRIPT OF PROCEEDINGS of Motions Hearing held on 8/2/12 before Magistrate Judge Mary E. Stanley, #2 Doc. 643 - NOTICE of Issuance of Subpoena To Otto Fisher by C.R. Bard, Inc., #3 Doc. 644 - NOTICE of Issuance of Subpoena to Daniel J. Christensen by C.R. Bard, Inc., #4 Doc. 645 - NOTICE of Issuance of Subpoena to MedStar Funding by C.R. Bard, Inc., #5 Doc. 646 - NOTICE of Issuance of Subpoena to One Point Orthopedic & Neurosurgical Group, Inc. by C.R. Bard, Inc., #6 Doc. 676 - BRIEF IN SUPPORT OF CONSOLIDATIONS AND RESOLUTION by All Plaintiffs, #7 Doc. 677 - MEMORANDUM OF LAW IN RESPONSE TO THE DRAFT PRETRIAL ORDER (Order to Consolidate), Pt. 1, #8 Doc. 677 - MEMORANDUM OF LAW IN RESPONSE TO THE DRAFT PRETRIAL ORDER (Order to Consolidate), Pt. 2, #9 Doc. 678 - OBJECTIONS TO PROPOSED ORDER TO CONSOLIDATE by All Plaintiffs, #10 Doc. 679 - BRIEF IN OPPOSITION TO PROPOSED PRETRIAL ORDER ON CONSOLIDATED DESIGN DEFECT TRIALS by Safradim Production SAS, #11 Doc. 682 - RESPONSE by Sofradim Production SAS to Plaintiffs' 678 Objections to Proposed Order to Consolidate. (MAA) Modified on 4/9/2019 (MAA). |
| Filing 17 DESIGNATED RECORD remanded from WVSD re #11 Joint Designation. (Main document: Doc. 440 - TRANSCRIPT OF PROCEEDINGS of Status Conference held on December 6, 2012, before Judge Joseph R. Goodwin; Attachments: #1 Doc. 498-STATUS CONFERENCE held by Judge Joseph R. Goodwin, Magistrate Stanley & Magistrate Eifer on 2/7/13, Pt. 1, #2 Doc. 498-STATUS CONFERENCE held by Judge Joseph R. Goodwin, Magistrate Stanley & Magistrate Eifer on 2/7/13, Pt. 2, #3 Doc. 499 - STATUS CONFERENCE held by Magistrate Judge Mary E. Stanley., #4 Doc. 505 - TRANSCRIPT OF PROCEEDINGS of Status Conference held on 2/7/13 before Judge Joseph R. Goodwin, Magistrate Stanley & Magistrate Eifert., #5 Doc. 531 - STATUS CONFERENCE held by Judge Joseph R. Goodwin, Magistrate Stanley & Magistrate Eifert on 3/21/13., #6 Doc. 544 - TRANCRIPT OF PROCEEDINGS of Status Conference held on 3/21/13 before Judge Joseph R. Goodwin, Magistrate Stanley & Magistrate Eifert., #7 Doc. 562 - STATUS CONFERENCE held by Judge Joseph R. Goodwin & Magistrate Eifert on 4/18/13, Pt. 1, #8 Doc. 562 - STATUS CONFERENCE held by Judge Joseph R. Goodwin & Magistrate Eifert on 4/18/13, Pt. 2, #9 Doc. 569 - TRANSCRIPT OF PROCEEDINGS of Status TRANSCRIPT OF PROCEEDINGS of Status Conference held on 4/18/13 before Judge Joseph R. Goodwin & Magistrate Eifert, #10 Doc. 571 - RESPONSE by C. R. Bard, Inc. to Plaintiffs' Position Statement on the ccess to and Exhange of Documents Discovered in Other Pelvic Mesh MDLs Pending Before this Court, #11 Doc. 572 - POSITION STATEMENT ON DISCLOSURE OF CONFIDENTIAL DOCUMENTS IN OTHER MDLS by Sofradim Production SAS, Tissue Science Labs, Pt. 1, #12 Doc. 572 - POSITION STATEMENT ON DISCLOSURE OF CONFIDENTIAL DOCUMENTS IN OTHER MDLS by Sofradim Production SAS, Tissue Science Labs, Pt. 2, #13 Doc. 593 - STATUS CONFERENCE held by Judge Joseph R. Goodwin & Magistrate Eifert on 5/23/13, Pt. 1, #14 Doc. 593 - STATUS CONFERENCE held by Judge Joseph R. Goodwin & Magistrate Eifert on 5/23/13, Pt. 2. (MAA) Modified on 4/9/2019 (MAA). |
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Filing 16
DESIGNATED RECORD remanded from WVSD re #11 Joint Designation. (Main document - Doc 198-Master and Short Complaint and Master Responsive Pleadings, Pt 1; Attachments: #1 Doc 198 - Master and Short Complaint and Master Responsive Pleadings, Pt 2, #2 Doc 198 - Master and Short Complaint and Master Responsive Pleadings, Pt 3, #3 Doc 198 - Master and Short Complaint and Master Responsive Pleadings, Pt 4, #4 Doc 198 - Master and Short Complaint and Master Responsive Pleadings, Pt 5, #5 Doc 198 - Master and Short Complaint and Master Responsive Pleadings, Pt 6, #6 Doc. 337 - CERTIFICATE OF SERVICE filed by C. R. Bard, Inc.'s Responses to Plaintiffs' Second Request of Production of Documents, #7 Doc. 342 - TRANSCRIPT OF PROCEEDINGS of Status Conference held on 9/13/12 before Judge Joseph R. Goodwin, #8 Doc. 352 - MASTER LONG FORM COMPLAINT AND JURY DEMAND, #9 Doc. 353 - SHORT FORM COMPLAINT, #10 Doc. 354 - AMENDED SHORT FORM COMPLAINT, #11 Doc. 355 - C. R. BARD, INC.'S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFFS' MASTER LONG FORM COMPLAINT & JURY DEMAND, #12 Doc. 359 - MOTION by C. R. Bard, Inc. to Amend the Short Form Complaint & Amended Short Form Complaint Attached to Pretrial Order #51, Pt 1, #13 Doc. 359 - MOTION by C. R. Bard, Inc. to Amend the Short Form Complaint & Amended Short Form Complaint Attached to Pretrial Order #51, Pt 2, #14 Doc. 359 - MOTION by C. R. Bard, Inc. to Amend the Short Form Complaint & Amended Short Form Complaint Attached to Pretrial Order #51, Pt 3, #15 Doc. 425 - IN CHAMBERS CONFERENCE held by Magistrate Judge Mary E. Stanley on 12/6/12, #16 Doc. 427 - Doc. 425 - STATUS CONFERENCE held by Magistrate Judge Mary E. Stanley on 12/6/12, #17 Doc. 439 - TRANSCRIPT OF PROCEEDINGS of Status Conference held on 12/6/12 before Magistrate Mary E. Stanley, Pt. 1, #18 Doc. 439 - TRANSCRIPT OF PROCEEDINGS of Status Conference held on 12/6/12 before Magistrate Mary E. Stanley, Pt. 2. (MAA) Modified on 4/9/2019 (MAA).
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| Filing 15 (#Click Here for Link to WVSD MDL Orders. ) (MAA) |
| Filing 14 MDL-2187 MASTER DOCKET SHEET from Southern District of West Virginia. (MAA) |
| Filing 13 NOTICE to counsel (Michael Gallant) of Local Rule 2.02 (signed by deputy clerk). (MAA) |
| Filing 12 Case transferred in from District of West Virginia Southern; Case Number 2:14-cv-30188. File received electronically |
| Filing 11 JOINT DESIGNATION of the Contents of the Record to be Remanded in the Virginia Abato Matter by C. R. Bard, Inc., Virginia Abato, and Vincent Abato, re: the Court's #10 Order. (Cohen, Lori) (Modified on 3/20/2019 to add party filers)(slr). [Transferred from wvsd on 3/21/2019.] |
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Filing 10
ORDER Directing that the cases on Exhibits A-M are transferred to the United States District Courts identified on Exhibits A-M pursuant to 28 U.S.C. 1404(a); further directing that within 14 days of this Order, the parties shall file a joint designation of any non-PTO filings from 2:10-md-2187; Joint Motions to Dismiss, Stipulations of Dismissal or Dismissals pursuant to Pretrial Order # 282 filed within the 14 day time period will be ruled upon prior to transfer; immediately after the expiration of 14 days, the Clerk of this court is DIRECTED to transmit the following to the United States District Courts on Exhibits A-M: (1) a copy of the docket sheet for each individual case on Exhibits A-M (2) the entire file for each case on Exhibits A-M; (3) the docket sheet for MDL 2187, 2:10-md-2187; (4) all Pretrial Orders entered in 2:10-md-2187; and (5) any other non-PTO filing from 2:10-md-2187 which the parties jointly designate in their individual cases on Exhibits A-M. Signed by Judge Joseph R. Goodwin on 3/5/2019. (cc: Clerk of the JPMDL; the offices of the Chief District Judges of the United States District Courts for the cases on Exhibits A-M; counsel of record; any unrepresented party) (REF: Cases Listed on Exhibits A-M) (mek) [Transferred from wvsd on 3/21/2019.]
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Filing 9
ORDER granting #7 EMERGENCY CONSENTED MOTION by Virginia Abato, Vincent Abato for Plaintiff Vincent Abato to be Excused From Mediation. Signed by Judge Joseph R. Goodwin on 11/5/2018. (cc: attys; any unrepresented party) (mek) [Transferred from wvsd on 3/21/2019.]
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| Filing 8 MEMORANDUM by Vincent Abato in support of #7 EMERGENCY CONSENTED MOTION by Virginia Abato, Vincent Abato to be Excused From Mediation (Attachments: #1 Exhibit A, #2 Proposed Order)(Gallant, Michael) [Transferred from wvsd on 3/21/2019.] |
| Filing 7 EMERGENCY CONSENTED MOTION by Virginia Abato, Vincent Abato to be Excused From Mediation. (Gallant, Michael) (Modified on 11/5/2018 to add party filer)(lca). [Transferred from wvsd on 3/21/2019.] |
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Filing 6
PRETRIAL ORDER # 294 (Order Re: Mandatory Settlement Conference for Certain Unresolved Cases) The settlement conferences will be conducted as follows: 1. For the cases identified on Exhibit A, attached hereto, the court will conduct a mandatory settlement conference in those cases beginning on 11/7/2018, at 9:00 a.m. in room 6200B and continuing from day-to-day thereafter; 2. For the cases identified on Exhibit B, attached hereto, the court will conduct a mandatory settlement conference in those cases beginning on 11/8/2018, at 9:00 a.m. in room 6200B and continuing from day-to-day thereafter; 3. For the cases identified on Exhibit C, attached hereto, the court will conduct a mandatory settlement conference in those cases beginning on 11/9/2018, at 9:00 a.m. in room 6200B and continuing from day-to-day thereafter; it is ORDERED 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; it is further ORDERED that if the parties reach a settlement in a case listed on Exhibits A, B or C, submission of an inactive docket order for that case will relieve plaintiff and her counsel from the obligation of attending the mandatory settlement conference; finally, it is ORDERED that the cases identified as resolved and pending dismissal, identified in the attached Exhibit D, must be dismissed by 1/11/2019. Signed by Judge Joseph R. Goodwin on 10/11/2018. (cc: attys; any unrepresented party) (REF: MDL 2187; Cases identified on Exhibits A, B, C, and D) (kab) [Transferred from wvsd on 3/21/2019.]
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Filing 5
PRETRIAL ORDER # 293 (Order re: Rescheduling Mandatory Settlement Conference for Certain Remaining Plaintiffs in Bard MDL) directing (1) counsel for all plaintiffs identified in the attached Exhibit A whose cases have not been resolved and are not subject to an agreement in principle to resolve, are directed to meet and confer with Pepper Hamilton LLP on or before 10/3/2018, and to engage in good faith discussions about the possibility of settlement, (2) Messrs. Garrard and Potts and Bard Settlement Counsel are directed to provide a joint written report to the Court and Special Master Reisman via email on 10/8/2018, identifying which cases remaining on Exhibit A have not been resolved or dismissed, (3) the Court will enter an order on 10/11/2018 identifying on which of the following dates the parties in each case must appear for the settlement conference: November 7, 8 and 9, 2018 or such other date as set by the Court. Each day, the settlement conferences will begin at 9:00 a.m. in Charleston, West Virginia at the Robert C. Byrd United States Courthouse, (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, and (6) cases not settled during the settlement conference will be dealt with by further order. Signed by Judge Joseph R. Goodwin on 9/11/2018. (cc: attys; any unrepresented party) (REF: MDL 2187; Cases Listed on Exhibit A) (pma) [Transferred from wvsd on 3/21/2019.]
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Filing 4
PRETRIAL ORDER # 283 (Amended Docket Control Order C. R. Bard Wave 7 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 275. The parties are advised that while this order will be entered in the individual cases in the coming days, it is effective as of the day it was entered in the main MDL. The following deadlines immediately apply in all Wave 7 cases: Plaintiff Fact Sheets due by 03/19/2018; Defendant Fact Sheets due by 04/19/2018; Deadline for written discovery requests due by 05/18/2018; Expert disclosures served by plaintiffs pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 07/13/2018; Expert disclosure served by defendants pursuant to Fed R. Civ P. 26 as limited by 3.a. of this order due by 08/13/2018; Expert disclosure served for rebuttal pursuant to Fed R. Civ. P. 26 as limited by 3.a. of this order due by 08/20/2018; Deposition deadline and close of discovery due by 10/04/2018; Filing of Dispositive Motions due by 10/18/2018; Response to Dispositive Motions due by 10/25/2018; Reply to response to dispositive motions due by 11/01/2018; Filing of Daubert motions due by 10/18/2018; Responses to Daubert motions due by 10/25/2018; Reply to response to Daubert motions due by 11/01/2018. Signed by Judge Joseph R. Goodwin on 6/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2187; Active Bard Wave 7 Cases) (mmw) [Transferred from wvsd on 3/21/2019.]
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Filing 3
PRETRIAL ORDER # 275 (Docket Control Order - C. R. Bard Wave 7 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING C. R. BARD, INC. CASES. The court ORDERS that this Docket Control Order be filed in the main MDL and, as of the time of that filing in every case listed on Exhibit A (hereinafter "Wave 7 cases") becomes subject to the deadlines in this Docket Control Order. The stay on the Covidien Wave 1 cases is lifted and the Covidien Wave 1 cases are incorporated in the C. R. Bard Wave 7 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 7 cases: A. Scheduling Deadlines. Plaintiff Fact Sheets due by 3/19/2018, Defendant Fact Sheets due by 4/19/2018, Deadline for written discovery requests due by 5/18/2018, Expert disclosure by plaintiffs due by 6/04/2018, Expert disclosure by defendants due by 7/05/2018, Expert disclosure for rebuttal purposes due by 7/23/2018, Deposition deadline and close of discovery due by 9/04/2018, Deadline to file list of general causation experts in each individual Wave 7 case due by 9/11/2018, Filing of Dispositive Motions due by 9/21/2018, Response to Dispositive Motions due by 10/05/2018, Reply to response to dispositive motions due by 10/12/2018, Filing of Daubert motions due by 10/05/2018, Responses to Daubert motions due by 10/19/2018, and Reply to response to Daubert motions due by 10/26/2018. B.4. 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: Any consolidated motion to seal is due on or before 8/10/2018, and any response is due by 8/24/2018. Any reply is due by 8/31/2018. C.1. Venue Recommendations. By no later than 8/27/2018 the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties are ORDERED to submit joint venue recommendations to the court by 9/03/2018. Additional directives are set forth herein. Signed by Judge Joseph R. Goodwin on 1/30/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2187; Bard Wave 7 Cases Listed on Exhibit A) (mmw) [Transferred from wvsd on 3/21/2019.]
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| Filing 2 TRANSMITTED PRETRIAL ORDER # 156 (Order Scheduling Meetings in MDLs on January 29-30, 2015) entered on 12/18/2014 in MDL 2187 to attorneys in member case. (kw) [Transferred from wvsd on 3/21/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-3580274. (Attachment: #1 Civil Cover Sheet) (ham) [Transferred from wvsd on 3/21/2019.] |
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