Cespedes v. C. R. Bard, Inc.
| Pastora Cespedes |
| Tissue Science Laboratories Limited, Sofradim Production SAS and C. R. Bard Inc. |
| 1:2019cv24187 |
| October 10, 2019 |
| US District Court for the Southern District of Florida |
| Jose E Martinez |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 26, 2019. A more recent docket listing may be available from PACER.
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| Filing 97 TRANSCRIPT of status conference held on 11-15-2019 before Judge Jose E. Martinez, 1-9 pages, Court Reporter: Dawn Savino (Whitmarsh), 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/17/2019. Redacted Transcript Deadline set for 12/27/2019. Release of Transcript Restriction set for 2/24/2020. (dwh) |
| Filing 96 Clerks Notice to Filer re #92 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#95]. It is not necessary to refile this document. (ls) |
| Filing 95 NOTICE/STIPULATION of Substitution of Counsel, Prior Counsel of Record Michael Howard Moody; Jennifer B. Moore; Janna Satz Nugent; Annabelle Lea Torgman; Lori Gail Cohen and Danielle N. Garno. Notice of Termination delivered by US Mail to Lori Cohen, Jennifer Moore. (ls)(See Image at DE #92) |
| Filing 94 PAPERLESS Minute Entry for proceedings held before Judge Jose E. Martinez: Status Conference held on 11/15/2019. Total time in court: 7 minutes. Attorney Appearance(s): Robert Kane, III, Rebecca Ocariz, Leah Charbonnet, Jonathan P. Kieffer, Court Reporter: Dawn Savino (Whitmarsh), 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. (wh) |
| Filing 93 Certificate of Other Affiliates by Pastora Cespedes (Fahey, Leah) |
| Filing 92 NOTICE by C. R. Bard Inc. OF SUBSTITUTION OF COUNSEL WITHIN SAME FIRM (Ocariz, Rebecca) |
Filing 91
ORDER granting #88 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Jonathan Kieffer. Signed by Judge Jose E. Martinez on 11/15/2019. See attached document for full details. (vmz)
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Filing 90
ORDER granting #84 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Nathaniel M. Jones. Signed by Judge Jose E. Martinez on 11/15/2019. See attached document for full details. (wc)
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Filing 89
PAPERLESS ORDER resetting Status Conference Re: Case Management/Posture Matters set for 11/15/2019 for 1:00 PM in Miami Division before Judge Jose E. Martinez. **TIME CHANGE ONLY** Signed by Judge Jose E. Martinez on 11/14/2019. (mws)
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| Filing 88 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jonathan Kieffer. Pay.gov Agency Tracking ID 113C-113C-12146175. Filing Fee $ 75.00 by Pastora Cespedes. Responses due by 11/29/2019 (Attachments: #1 Certification Certificate of Good Standing, #2 Text of Proposed Order)(Fahey, Leah) |
| Filing 87 NOTICE by C. R. Bard Inc. re #76 Miscellaneous Document of Joint Submission of Contents of the Record from MDL No. 2187 (Attachments: #1 Designation Part 1, #2 Designation Part 2, #3 Designation Part 3, #4 Designation Part 4, #5 Designation Part 5, #6 Designation Part 6, #7 Designation Part 7, #8 Designation Part 8, #9 Designation Part 9, #10 Designation Part 10, #11 Designation Part 11, #12 Designation Part 12, #13 Designation Part 13, #14 Designation Part 14, #15 Designation Part 15, #16 Designation Part 16, #17 Designation Part 17, #18 Designation Part 18, #19 Designation Part 19, #20 Designation Part 20, #21 Designation Part 21, #22 Designation Part 22, #23 Designation Part 23, #24 Designation Part 24, #25 Designation Part 25, #26 Designation Part 26, #27 Designation Part 27, #28 Designation Part 28, #29 Designation Part 29, #30 Designation Part 30, #31 Designation Part 31, #32 Designation Part 32, #33 Designation Part 33, #34 Designation Part 34, #35 Designation Part 35, #36 Designation Part 36, #37 Designation Part 37, #38 Designation Part 38, #39 Designation Part 39, #40 Designation Part 40, #41 Designation Part 41, #42 Designation Part 42, #43 Designation Part 43, #44 Designation Part 44, #45 Designation Part 45, #46 Designation Part 46, #47 Designation Part 47, #48 Designation Part 48, #49 Designation Part 49, #50 Designation Part 50, #51 Designation Part 51, #52 Designation Part 52, #53 Designation Part 53, #54 Designation Part 54, #55 Designation Part 55, #56 Designation Part 56, #57 Designation Part 57, #58 Designation Part 58, #59 Designation Part 59, #60 Designation Part 60, #61 Designation Part 61, #62 Designation Part 62, #63 Designation Part 63, #64 Designation Part 64, #65 Designation Part 65, #66 Designation Part 66, #67 Designation Part 67, #68 Designation Part 68, #69 Designation Part 69, #70 Designation Part 70, #71 Designation Part 71, #72 Designation Part 72, #73 Designation Part 73, #74 Designation Part 74, #75 Designation Part 75, #76 Designation Part 76, #77 Designation Part 77, #78 Designation Part 78, #79 Designation Part 79, #80 Designation Part 80, #81 Designation Part 81, #82 Designation Part 82, #83 Designation Part 83, #84 Designation Part 84, #85 Designation Part 85, #86 Designation Part 86, #87 Designation Part 87, #88 Designation Part 88, #89 Designation Part 89, #90 Designation Part 90, #91 Designation Part 91, #92 Designation Part 92, #93 Designation Part 93, #94 Designation Part 94, #95 Designation Part 95, #96 Designation Part 96, #97 Designation Part 97, #98 Designation Part 98, #99 Designation Part 99, #100 Designation Part 100, #101 Designation Part 101, #102 Designation Part 102, #103 Designation Part 103, #104 Designation Part 104, #105 Designation Part 105, #106 Designation Part 106, #107 Designation Part 107, #108 Designation Part 108, #109 Designation Part 109, #110 Designation Part 110, #111 Designation Part 111, #112 Designation Part 112, #113 Designation Part 113, #114 Designation Part 114, #115 Designation Part 115, #116 Designation Part 116, #117 Designation Part 117, #118 Designation Part 118, #119 Designation Part 119, #120 Designation Part 120, #121 Designation Part 121, #122 Designation Part 122, #123 Designation Part 123, #124 Designation Part 124, #125 Designation Part 125, #126 Designation Part 126, #127 Designation Part 127, #128 Designation Part 128, #129 Designation Part 129, #130 Designation Part 130, #131 Designation Part 131, #132 Designation Part 132, #133 Designation Part 133, #134 Designation Part 134, #135 Designation Part 135, #136 Designation Part 136, #137 Designation Part 137, #138 Designation Part 138, #139 Designation Part 139, #140 Designation Part 140, #141 Designation Part 141, #142 Designation Part 142, #143 Designation Part 143, #144 Designation Part 144, #145 Designation Part 145, #146 Designation Part 146, #147 Designation Part 147, #148 Designation Part 148, #149 Designation Part 149, #150 Designation Part 150, #151 Designation Part 151, #152 Designation Part 152, #153 Designation Part 153, #154 Designation Part 154, #155 Designation Part 155, #156 Designation Part 156, #157 Designation Part 157, #158 Designation Part 158, #159 Designation Part 159, #160 Designation Part 160, #161 Designation Part 161, #162 Designation Part 162, #163 Designation Part 163, #164 Designation Part 164, #165 Designation Part 165, #166 Designation Part 166, #167 Designation Part 167, #168 Designation Part 168, #169 Designation Part 169, #170 Designation Part 170, #171 Designation Part 171, #172 Designation Part 172, #173 Designation Part 173, #174 Designation Part 174, #175 Designation Part 175, #176 Designation Part 176, #177 Designation Part 177, #178 Designation Part 178, #179 Designation Part 179, #180 Designation Part 180, #181 Designation Part 181, #182 Designation Part 182, #183 Designation Part 183, #184 Designation Part 184, #185 Designation Part 185, #186 Designation Part 186, #187 Designation Part 187, #188 Designation Part 188, #189 Designation Part 189, #190 Designation Part 190, #191 Designation Part 191, #192 Designation Part 192, #193 Designation Part 193, #194 Designation Part 194, #195 Designation Part 195, #196 Designation Part 196, #197 Designation Part 197, #198 Designation Part 198, #199 Designation Part 199, #200 Designation Part 200, #201 Designation Part 201, #202 Designation Part 202, #203 Designation Part 203, #204 Designation Part 204, #205 Designation Part 205, #206 Designation Part 206, #207 Designation Part 207, #208 Designation Part 208, #209 Designation Part 209, #210 Designation Part 210, #211 Designation Part 211) (Ocariz, Rebecca) |
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Filing 86
PAPERLESS ORDER setting Status Conference Re: Case Management/Posture Matters set for 11/15/2019 at 4:15 PM in Miami Division before Judge Jose E. Martinez. The parties should be prepared to discuss whether, in the interest of judicial economy, this case should be tried together with Case No. 19-24369. Signed by Judge Jose E. Martinez on 10/31/2019. (mws)
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| Filing 85 Joint SCHEDULING REPORT - Rule 16.1 by C. R. Bard Inc. (Attachments: #1 Exhibit A, #2 Exhibit D)(Ocariz, Rebecca) |
| Filing 84 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Nathaniel Jones. Filing Fee $ 75.00 Receipt # 113C-12102732 by Pastora Cespedes. Responses due by 11/12/2019 (Attachments: #1 Certification Certification of Nate Jones, #2 Text of Proposed Order Order)(Fahey, Leah) |
| Filing 83 NOTICE of Attorney Appearance by Leah Marie Fahey on behalf of Pastora Cespedes. Attorney Leah Marie Fahey added to party Pastora Cespedes(pty:pla). (Fahey, Leah) |
| Filing 82 Defendant's Corporate Disclosure Statement by C. R. Bard Inc. (Attachments: #1 Exhibit SUBSIDIARIES OF BECTON, DICKINSON AND COMPANY)(Ocariz, Rebecca) |
| Filing 81 NOTICE of Attorney Appearance by Rebecca Ocariz on behalf of C. R. Bard Inc.. Attorney Rebecca Ocariz added to party C. R. Bard Inc.(pty:dft). (Ocariz, Rebecca) |
| Filing 80 Bar Letter re: Admissions sent to attorney Diane K. Watkins, Jeffrey M. Kuntz, Thomas P. Cartmell, Jack T. Hyde, Jennifer B. Moore, Lori G. Cohen, Melissa Foster Bird, Richard B. North, Jr., mailing date October 10, 2019, (cco) |
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Filing 79
Order Requiring Joint Scheduling Report. Signed by Judge Jose E. Martinez on 10/10/2019. See attached document for full details. (dq)
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| Filing 78 Clerks Notice of Judge Assignment to Judge Jose E. Martinez. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (bb) |
| Filing 77 Case transferred in from West Virginia Southern; Case Number 2:13-cv-21538. Electronic file including transfer order and docket sheet received. .(bb). |
| Filing 76 DESIGNATION OF RECORD for MDL transfers re: 2:10-md-02187 - C. R. Bard, Inc. (Cohen, Lori) |
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Filing 75
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 10/10/2019 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 10/9/2019 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 9/26/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2187; Cases Listed on Exhibit A) (st)
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| Filing 74 REPLY by C. R. Bard, Inc. to #72 Memorandum In Opposition. (Cohen, Lori) |
| Filing 73 REPLY by C. R. Bard, Inc. to #70 Memorandum In Opposition. (Cohen, Lori) |
| Filing 72 MEMORANDUM by Pastora Cespedes in opposition to #68 MOTION by C. R. Bard, Inc. to Exclude or Limit the Opinions and Testimony of Lennox Hoyte, M.D. (Attachments: #1 Exhibit Bard Tucker Report, #2 Exhibit Bard Rosenblatt Report, #3 Exhibit Deposition Transcript of Dr. Juan Suarez, #4 Exhibit Deposition Transcript of Willy Davila)(Kuntz, Jeffrey) |
| Filing 71 MEMORANDUM by C. R. Bard, Inc. in opposition to #66 MOTION by Pastora Cespedes to Exclude Certain Opinions and Testimony of Defense Expert Peter Rosenblatt, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Cohen, Lori) |
| Filing 70 MEMORANDUM by Pastora Cespedes in opposition to #64 MOTION by C. R. Bard, Inc. for Summary Judgment (Attachments: #1 Exhibit 1, #2 Exhibit 1-A, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Cartmell, Thomas) |
| Filing 69 MEMORANDUM OF LAW by C. R. Bard, Inc. in support of #68 MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony of Lennox Hoyte, M.D. (Cohen, Lori) |
| Filing 68 MOTION by C. R. Bard, Inc. to Exclude or Limit the Opinions and Testimony of Lennox Hoyte, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Cohen, Lori) |
| Filing 67 MEMORANDUM by Pastora Cespedes in Support of #66 MOTION by Pastora Cespedes to Exclude Certain Opinions and Testimony of Defense Expert Peter Rosenblatt, M.D. (Kuntz, Jeffrey) |
| Filing 66 MOTION by Pastora Cespedes to Exclude Certain Opinions and Testimony of Defense Expert Peter Rosenblatt, M.D. (Attachments: #1 Exhibit A)(Kuntz, Jeffrey) |
| Filing 65 MEMORANDUM OF LAW by C. R. Bard, Inc. in support of #64 MOTION by C. R. Bard, Inc. for Summary Judgment (Cohen, Lori) |
| Filing 64 MOTION by C. R. Bard, Inc. for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Cohen, Lori) |
| Filing 63 NOTICE OF ATTORNEY APPEARANCE by Jack T. Hyde on behalf of Pastora Cespedes. (Hyde, Jack) |
| Filing 62 AMENDED NOTICE OF DEPOSITION by C. R. Bard, Inc. of Jonathan Hyde, M.D. on July 29, 2019 at 4:00 PM EDT (Cohen, Lori) |
| Filing 61 AMENDED NOTICE OF DEPOSITION by C. R. Bard, Inc. of Jennifer Pollack, M.D. on August 1, 2019 at 3:00 PM EDT (Cohen, Lori) |
| Filing 60 AMENDED NOTICE OF DEPOSITION by C. R. Bard, Inc. of Jennifer Pollack, M.D. on July 30, 2019 at 3:00 PM EDT (Cohen, Lori) |
| Filing 59 AMENDED RESPONSES AND OBJECTIONS by Pastora Cespedes to #51 NOTICE OF VIDEOTAPED DEPOSITION by C. R. Bard, Inc. of Lennox Hoyte, M.D. on July 23, 2019 at 10:00 AM EDT (Attachment: #1 Exhibit A)(Cartmell, Thomas) |
| Filing 58 RESPONSES AND OBJECTIONS by Pastora Cespedes to #51 NOTICE OF VIDEOTAPED DEPOSITION by C. R. Bard, Inc. of Lennox Hoyte, M.D. on July 23, 2019 at 10:00 AM EDT (Cartmell, Thomas) |
| Filing 57 RESPONSES AND OBJECTIONS by C. R. Bard, Inc. re: #56 NOTICE OF VIDEOTAPED DEPOSITION by Pastora Cespedes of G. Willy Davila, M.D. on July 26, 2019 at 3:30 pm (Cohen, Lori) |
| Filing 56 NOTICE OF VIDEOTAPED DEPOSITION by Pastora Cespedes of G. Willy Davila, M.D. on July 26, 2019 at 3:30 pm (Cartmell, Thomas) |
| Filing 55 NOTICE OF VIDEOTAPED DEPOSITION of Dr. G. Willy Davila on July 26, 2019 at 3:00 pm by C. R. Bard, Inc. (Cohen, Lori) (Modified on 7/15/2019 to convert event to notice to take or amend deposition) (mk). |
| Filing 54 NOTICE OF DEPOSITION by C. R. Bard, Inc. of Jennifer Pollack, M.D. on July 18, 2019 at 3:00 PM EDT (Cohen, Lori) |
| Filing 53 AMENDED NOTICE OF DEPOSITION by C. R. Bard, Inc. of Jonathan Hyde, M.D. on July 16, 2019 at 3:30 PM EDT (Cohen, Lori) |
| Filing 52 NOTICE OF DEPOSITION by C. R. Bard, Inc. of Jonathan Hyde, M.D. on July 16, 2019 at 4:00 PM EDT (Cohen, Lori) |
| Filing 51 NOTICE OF VIDEOTAPED DEPOSITION by C. R. Bard, Inc. of Lennox Hoyte, M.D. on July 23, 2019 at 10:00 AM EDT (Cohen, Lori) |
| Filing 50 CERTIFICATE OF SERVICE by C. R. Bard, Inc. for Designation and Disclosure of Expert Witnesses and related Expert Reports. (Cohen, Lori) |
| Filing 49 AMENDED NOTICE OF VIDEOTAPED DEPOSITION by C. R. Bard, Inc. of Stephen Tannenbaum, M.D. on July 11, 2019 at 5:00 PM EDT (Cohen, Lori) |
| Filing 48 NOTICE of Withdrawal of Notice of Videotaped Deposition of Stephen Tannenbaum, M.D. by C. R. Bard, Inc. re: #46 Notice to Take or Amend Deposition (Cohen, Lori) |
| Filing 47 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jason Henry Okleshen on behalf of C. R. Bard, Inc.. (Okleshen, Jason) |
| Filing 46 NOTICE OF VIDEOTAPED DEPOSITION by C. R. Bard, Inc. of Stephen Tannenbaum, M.D. on June 13, 2019 at 5:00 PM EDT (Cohen, Lori) |
| Filing 45 RESPONSES AND OBJECTIONS to #43 NOTICE OF VIDEO DEPOSITION by Pastora Cespedes of William J. Davila, M.D. on July 9, 2019 at 9:00 a.m. by C. R. Bard, Inc. (Cohen, Lori) |
| Filing 44 RESPONSES AND OBJECTIONS to #42 NOTICE OF VIDEOTAPED DEPOSITION by Pastora Cespedes of Dr. Stephen Tannenbaum on July 8, 2019 at 1:30 PM by C. R. Bard, Inc. (Cohen, Lori) |
| Filing 43 NOTICE OF VIDEO DEPOSITION by Pastora Cespedes of William J. Davila, M.D. on July 9, 2019 at 9:00 a.m. (Cartmell, Thomas) |
| Filing 42 NOTICE OF VIDEOTAPED DEPOSITION by Pastora Cespedes of Dr. Stephen Tannenbaum on July 8, 2019 at 1:30 PM (Cartmell, Thomas) |
| Filing 41 CERTIFICATE OF SERVICE by Pastora Cespedes for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Kuntz, Jeffrey) |
| Filing 40 CERTIFICATE OF SERVICE by Pastora Cespedes for Responses to First Se t of Interrogatories and First Set of Request for Production of Documents. (Cartmell, Thomas) |
| Filing 39 CERTIFICATE OF SERVICE by C. R. Bard, Inc. for Objections and Responses to Plaintiff's Interrogatories, Requests for Admissions, and Requests for Production of Documents. (Cohen, Lori) |
| Filing 38 CERTIFICATE OF SERVICE by C. R. Bard, Inc. for Discovery Materials. (Cohen, Lori) |
| Filing 37 CERTIFICATE OF SERVICE by Pastora Cespedes for Requests for Production of Documents, Requests for Admissions and Interrogatories to C.R. Bard, Inc.. (Cartmell, Thomas) |
| Filing 36 CERTIFICATE OF SERVICE by Pastora Cespedes for Plaintiff's Request for Production of Documents to Defendant C.R. Bard, Inc.. (Cartmell, Thomas) |
| Filing 35 NOTICE OF DEPOSITION by C. R. Bard, Inc. of Juan B. Suarez, M.D. on April 8, 2019 at 1:30 PM EDT (Cohen, Lori) |
| Filing 34 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jennifer B. Moore on behalf of C. R. Bard, Inc.. (Moore, Jennifer) |
| Filing 33 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Robert R. Kane, III on behalf of C. R. Bard, Inc.. (Kane, Robert) |
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Filing 32
PRETRIAL ORDER # 299 (Docket Control Order - C. R. Bard Wave 9 Cases) The cases on Exhibit A are: 1. removed from the pending inactive docket; and 2. placed on the active docket. As to the cases on Exhibits A and B: 1. The cases are no longer eligible for return to the inactive docket nor may notices of settlement be filed to relieve the parties from scheduling deadlines; 2. To the extent other defendants, in addition to C. R. Bard and Sofradim Production SAS, Tissue Science Laboratories and Covidien entities, are named in the cases on Exhibits A and B, the deadlines below also apply to them; 3. The Clerk will file this Docket Control Order in the main MDL and, as of the time of that filing in the main MDL, every case listed on Exhibits A and B (hereinafter referred to as Wave 9 cases) becomes subject to the deadlines in this Docket Control Order.; and 4. The following deadlines immediately apply in all Wave 9 cases with one important exception. If any of the cases on any exhibit were previously on a docket control order and dispositive and Daubert deadlines had passed before such cases became inactive, the parties may not file or refile dispositive or Daubert motions without first seeking leave of court for good cause shown. A. SCHEDULING DEADLINES.. The following deadlines shall apply in all Bard Wave 9 cases: Plaintiff Fact Sheets due 02/15/2019; Defendant Fact Sheets due 02/22/2019; Deadline for written discovery requests due 03/25/2019; Expert disclosures served by plaintiffs due 05/24/2019; Expert disclosure served by defendants due 06/24/2019; Expert disclosure served for rebuttal due 07/01/2019; Deposition deadline and close of discovery due 08/01/2019; Filing of dispositive motions due 08/14/2019; Response to dispositive motions due 08/28/2019; Reply to response to dispositive motions due 09/04/2019; Filing of Daubert motions due 08/14/2019; Responses to Daubert motions due 08/29/2019; Reply to response to Daubert motions due 09/05/2019. B. MOTION PRACTICE. 3. Confidential Documents. Any consolidated motion to seal is due on or before 6/27/2019, and any response is due by 7/11/2019. Any reply is due by 7/18/2019. The court expects full compliance with Local Rule of Civil Procedure 26.4(c). C. CASES READY FOR TRANSFER, REMAND OR TRIAL 1. Venue Recommendations. By no later than 7/8/2019, 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 7/15/2019. Signed by Judge Joseph R. Goodwin on 2/4/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2187; Bard Wave 9 cases identified on Exhibits A and B) (kab) (ADI)
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Filing 31
ORDER The deadline to submit joint motions of dismissal is extended to 10/31/2018 for all cases in MDL 2187 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2187 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 8/15/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2187; Cases on inactive docket) (brn) (ADI)
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Filing 30
ORDER (CHANGE TO CHARACTERIZATION BY CLERK'S OFFICE OF CASES ON INACTIVE DOCKET) It is directed that in all cases with an inactive docket order which resulted in "Closed" and "MDL Bard Inactive" flags on the docket sheet, the Clerk is directed to update the docket by removing the "Closed" flag from the docket sheet and leaving the "MDL Bard Inactive" flag, for reasons set forth herein. Signed by Judge Joseph R. Goodwin on 4/26/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2187; Member Cases Flagged "Closed" and "MDL Bard Inactive") (lca) (ADI)
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Filing 29
ORDER The deadline to submit joint motions of dismissal is extended to 8/31/2018 for all cases in MDL 2187 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2187 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 3/16/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2187; Cases on inactive docket). (lca) (ADI)
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Filing 28
INACTIVE DOCKET ORDER: The court has been advised that the plaintiff(s) and C. R. Bard have reached a settlement with regard to Bard. All discovery deadlines are continued until further order of the court. The Clerk is directed to retire this case from the active docket. Plaintiff(s) and Bard may submit an agreed order of dismissal with prejudice on or before 3/31/2018; if settlements are not finalized and dismissal orders are not submitted by then the Court will have a hearing to determine the appropriate action pertaining to any remaining cases on the inactive docket. Counsel for plaintiffs and defendant(s) are directed to provide quarterly reports as to their progress in dismissing cases on the inactive docket. The court will reinstate the case to the active docket if one of the parties shows good cause for such reinstatement. This Order is related to the Proposed Inactive Docket Order filed at ECF No. 4777 in MDL Case No. 2187 Bard. Signed by Judge Joseph R. Goodwin on 11/21/2017. (cc: attys; any unrepresented party) (kp) (ADI)
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Filing 27
PRETRIAL ORDER #263 (Sixth Amended Docket Control Order - Wave 4 Cases, Third Amended Docket Control Order - Wave 5 Cases) On 9/8/2017, a Stipulation and Order to Extend Deadlines in Wave 4 and 5 Cases was entered in MDL 2187. This Docket Control Order does not change any of the deadlines stipulated in the Order, but rather allows those deadlines to be made public as a docket control order on the courts website and to be filed in the designated Wave 4 and Wave 5 cases. The following remaining deadlines shall apply in the Bard Wave 4 and Wave 5 cases: A. Scheduling Deadlines Wave 4. The following deadlines shall apply in the Bard Wave 4 cases. All other deadlines and requirements as set forth in Pretrial Order No. 261 remain in effect for Bard Wave 4 cases: Filing of Dispositive Motions due by 9/21/2017, Response to Dispositive Motions due by 10/05/2017, Reply to Response to Dispositive Motions due by 10/12/2017, Filing of Daubert Motions due by 9/28/2017, Responses to Daubert Motions due by 10/12/2017, and Reply to Response to Daubert Motions due by 10/19/2017. B. Scheduling Deadlines Wave 5. The following deadlines shall apply in the Bard Wave 5 cases. All other deadlines and requirements as set forth in Pretrial Order No. 262 remain in effect for Bard Wave 5 cases: Filing of Dispositive Motions due by 9/22/2017, Response to Dispositive Motions due by 10/06/2017, Reply to Response to Dispositive Motions due by 10/13/2017, Filing of Daubert Motions due by 9/29/2017, Responses to Daubert Motions due by 10/13/2017, and Reply to Response to Daubert Motions due by 10/20/2017. Signed by Judge Joseph R. Goodwin on 9/20/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2187; Wave 4 and 5 Cases) (kab)
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Filing 26
PRETRIAL ORDER # 262 (Second Amended Docket Control Order Wave 5 Cases) This Docket Control Order does not change any of the stipulated deadlines contained in the Order filed at ECF No. 4460 in MDL 2187, but rather allows the deadlines to show as a docket control order on the court's website and to be filed in the designated Wave 5 cases. The following remaining deadlines shall apply in the Bard Wave 5 cases: SCHEDULING DEADLINES: The following deadlines shall apply in the Bard Wave 5 cases: Defendant Fact Sheets due by 05/03/2017, deadline for written discovery requests due by 06/27/2017, expert disclosure by plaintiffs due by 06/12/2017, expert disclosure by defendants due by 07/12/2017, expert disclosure for rebuttal purposes due by 07/28/2017, deposition deadline and close of discovery including corporate discovery due by 08/11/2017, filing of Dispositive Motions due by 09/12/2017, response to Dispositive Motions due by 09/26/2017, reply to response to dispositive motions due by 10/03/2017, filing of Daubert motions due by 09/19/2017, responses to Daubert motions due by 10/03/2017, and reply to response to Daubert motions due by 10/10/2017. 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 7/14/2017, any response is due 7/28/2017 and any reply is due by 8/4/2017. Venue Recommendations: By no later than 6/12/2017, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall file joint venue recommendations in MDL 2187 no later than 6/22/2017. Signed by Judge Joseph R. Goodwin on 9/1/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2187; Wave 5 Cases) (rec)
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| Filing 25 NOTICE OF WITHDRAWAL by C. R. Bard, Inc. of #24 Notice of Deposition of Dr. Juan Suarez (Cohen, Lori) |
| Filing 24 NOTICE OF DEPOSITION by C. R. Bard, Inc. of Juan Suarez, M.D. on July 24, 2017 at 1:30 pm (Cohen, Lori) |
| Filing 23 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael H. Moody on behalf of C. R. Bard, Inc.. (Moody, Michael) |
| Filing 22 PLAINTIFF FACT SHEET filed by Pastora Cespedes. (Kuntz, Jeffrey) |
| Filing 21 PLAINTIFF PROFILE FORM filed by Pastora Cespedes. (Kuntz, Jeffrey) |
| Filing 20 NOTICE OF WITHDRAWAL by C. R. Bard, Inc. of #17 Notice of Deposition of Dr. Juan Suarez (Cohen, Lori) |
| Filing 19 RESPONSE AND OBJECTIONS to #18 Amended Notice of Deposition of Pastora Cespedes by Pastora Cespedes (Kuntz, Jeffrey) |
| Filing 18 AMENDED NOTICE OF DEPOSITION by C. R. Bard, Inc. of Pastora Cespedes on May 9, 2017 at 11:00 am (Cohen, Lori) |
| Filing 17 NOTICE OF DEPOSITION by C. R. Bard, Inc. of Dr. Juan Suarez on May 22, 2017 at 1:00 pm (Cohen, Lori) |
| Filing 16 NOTICE OF DEPOSITION by C. R. Bard, Inc. of Pastora Cespedes on May 9, 2017 at 10:00 am (Cohen, Lori) |
| Filing 15 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Diane K. Watkins on behalf of Pastora Cespedes. (Watkins, Diane) |
| Filing 14 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Danielle N. Garno on behalf of C. R. Bard, Inc.. (Garno, Danielle) |
| Filing 13 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Annabelle L. Torgman on behalf of C. R. Bard, Inc.. (Torgman, Annabelle) |
| Filing 12 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Janna S. Nugent on behalf of C. R. Bard, Inc.. (Nugent, Janna) |
| Filing 11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Lori G. Cohen on behalf of C. R. Bard, Inc.. (Cohen, Lori) |
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Filing 10
PRETRIAL ORDER # 244 (Docket Control Order - Wave 5 Cases) The cases, attached hereto as Exhibit A, will be known as the Bard Wave 5 cases, and the following deadlines shall apply in the Bard Wave 5 cases: Scheduling Deadlines. Plaintiff Fact Sheets due by 4/03/2017, Defendant Fact Sheets due by 5/03/2017, Deadline for written discovery requests is 6/27/2017, Expert disclosure by plaintiffs due by 6/12/2017, Expert disclosure by defendants due by 7/12/2017, Expert disclosure for rebuttal purposes due by 7/28/2017, Deposition deadline and close of discovery including corporate discovery due by 8/11/2017, Filing of Dispositive Motions due by 8/31/2017, Response to Dispositive Motions due by 9/14/2017, Reply to Response to Dispositive Motions due by 9/21/2017, Filing of Daubert Motions due by 9/07/2017, Responses to Daubert Motions due by 9/21/2017, and Reply to Response to Daubert motions due by 9/28/2017. 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 courts attention in a consolidated manner as follows: A consolidated motion to seal is due on or before 7/14/2017, any response is due 7/28/2017 and any reply is due 8/04/2017. Venue Recommendations. By no later than 6/12/2017, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall file joint venue recommendations in MDL 2187 no later than 6/22/2017. Signed by Judge Joseph R. Goodwin on 3/3/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2187; Wave 5 cases) (mek)
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| Filing 9 AMENDED SHORT FORM COMPLAINT filed by Pastora Cespedes against C. R. Bard, Inc. ("Bard"). (Kuntz, Jeffrey) |
| Filing 8 AMENDED SHORT FORM COMPLAINT filed by Pastora Cespedes against C. R. Bard, Inc. ("Bard"), Sofradim Production SAS ("Sofradim"), Tissue Science Laboratories Limited ("TSL"). (Kuntz, Jeffrey) |
| Filing 7 AMENDED SHORT FORM COMPLAINT filed by Pastora Cespedes against C. R. Bard, Inc. ("Bard"), Sofradim Production SAS ("Sofradim"), Tissue Science Laboratories Limited ("TSL"). (Kuntz, Jeffrey) |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Melissa Foster Bird on behalf of C. R. Bard, Inc.. (Bird, Melissa) |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Richard B. North, Jr on behalf of C. R. Bard, Inc.. (North, Richard) |
| Filing 4 AMENDED SHORT FORM COMPLAINT filed by Pastora Cespedes against C. R. Bard, Inc. ("Bard"), Sofradim Production SAS ("Sofradim"), Tissue Science Laboratories Limited ("TSL"). (Kuntz, Jeffrey) |
| Filing 3 WAIVER OF SERVICE EXECUTED. Waiver signed by Richard B. North, Jr. on 8/22/2013. C. R. Bard, Inc. waiver mailed on 8/8/2013, answer due 10/7/2013. (North, Richard) |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 83 (AMENDED Order Scheduling Future Status Conferences & Other Matters) entered on 07/16/2013 in MDL 2187 to attorneys in member case. (cbo) |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2595630. (Attachment: #1 Civil Cover Sheet) (ham) |
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