Kelley v. C. R. Bard, Inc.

Kelley v. C. R. Bard, Inc.

Plaintiff:	Debra Kelley
Defendant:	C. R. Bard Inc.
Case Number:	1:2020cv00296
Filed:	January 22, 2020
Court:	US District Court for the Northern District of Georgia
Presiding Judge:	Steven D Grimberg
Nature of Suit:	Personal Inj. Prod. Liability
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on February 26, 2020. A more recent docket listing may be available from PACER.

Date Filed	Document Text
February 26, 2020	APPROVAL by Clerks Office re: #44 APPLICATION for Admission of Edward A. Wallace Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9396510).. Attorney Edward A. Wallace added appearing on behalf of Debra Kelley (nmb)
February 26, 2020	APPROVAL by Clerks Office re: #45 APPLICATION for Admission of Timothy E. Jackson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9396555).. Attorney Timothy E. Jackson added appearing on behalf of Debra Kelley (nmb)
February 24, 2020	Intradistrict Transfer to Gainesville Division new case number 2:20-CV-45-RWS Assigned to Judge Richard W. Story. (jed)
February 24, 2020	Filing 49 ORDER: The Clerk of Court is ORDERED to transfer this case to the Gainesville Division and to terminate the assignment of the undersigned to this matter. Signed by Judge Steven D. Grimberg on 2/24/2020. (jed)
February 21, 2020	Filing 48 CERTIFICATE of Compliance re #38 Order, For James F. McDonough, III (McDonough, James)
February 21, 2020	Filing 47 CERTIFICATE of Compliance re #38 Order, For Timothy E. Jackson (McDonough, James)
February 21, 2020	Filing 46 CERTIFICATE of Compliance re #38 Order, For Edward A. Wallace (McDonough, James)
February 20, 2020	Filing 45 APPLICATION for Admission of Timothy E. Jackson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9396555).by Debra Kelley. (McDonough, James) Documents for this entry are not available for viewing outside the courthouse.
February 20, 2020	Filing 44 APPLICATION for Admission of Edward A. Wallace Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9396510).by Debra Kelley. (McDonough, James) Documents for this entry are not available for viewing outside the courthouse.
February 20, 2020	Filing 43 NOTICE of Appearance by James F. McDonough, III on behalf of Debra Kelley (McDonough, James)
February 20, 2020	Filing 42 CERTIFICATE of Compliance (Alexander, Eric)
February 18, 2020	Filing 41 CERTIFICATE of Compliance (Kelley - 2:20-cv-00296-SDG) (North, Richard)
February 18, 2020	Filing 40 CERTIFICATE of Compliance (Kelley - 2:20-cv-00296-SDG) (Kowalzyk, Brandee)
February 18, 2020	Filing 39 ORDER granting #37 Application of Eric L. Alexander for Admission Pro Hac Vice. Signed by Judge Steven D. Grimberg on 2/18/2020. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(jed)
February 14, 2020	APPROVAL by Clerks Office re: #37 APPLICATION for Admission of Eric L. Alexander Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9365536). Attorney Richard B. North, Jr. added appearing on behalf of C. R. Bard Inc. (jkm)
February 13, 2020	Submission of #36 Proposed Order to District Judge Steven D. Grimberg. (jed)
February 12, 2020	Filing 38 STANDING ORDER regarding civil litigation. All counsel of record and pro se parties are required to sign and file, within 10 days after entry of this Order, a Certificate of Compliance in a format consistent with the Certificate of Compliance attached as Exhibit B. Signed by Judge Steven D. Grimberg on 10/02/19. (smj)
February 12, 2020	Filing 37 APPLICATION for Admission of Eric L. Alexander Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9365536).by C. R. Bard Inc.. (North, Richard) Documents for this entry are not available for viewing outside the courthouse.
February 12, 2020	Filing 36 PROPOSED ORDER Joint Proposed Scheduling Order. (North, Richard)
February 4, 2020	Filing 35 Minute Entry for proceedings held before Judge Steven D. Grimberg on 2/4/2020: Telephone Status Conference held. Court set fact discovery deadline for 4 Months. Court directed the parties to file a Proposed Scheduling Order within 7 Days, laying out the remaining deadlines that will follow the 4 Month fact discovery. The Proposed Scheduling Order must also address whether the Northern District of Georgia is the correct venue for this case to be heard. (Court Reporter Viola Zborowski) (jed)
January 30, 2020	Filing 34 NOTICE of Appearance by Brandee Jarski Kowalzyk on behalf of C. R. Bard Inc. (Kowalzyk, Brandee)
January 29, 2020	Set Deadlines/Hearings: Telephonic Status Conference set for 2/4/2020 at 02:00 PM before Judge Steven D. Grimberg. (jed)
January 29, 2020	NOTICE of setting telephonic status conference for Tuesday, February 4, 2020 at 2 pm. (kmj)
January 22, 2020	Filing 33 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-30174. Original file certified copy of transfer order and docket sheet received.
January 21, 2020	Filing 32 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:10-md-02187 - C. R. Bard, Inc. (Wallace, Edward) (Modified on 1/22/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 1/22/2020.]
January 8, 2020	Filing 31 TRANSFER ORDER The #30 Transfer Order is VACATED. It is DIRECTED that on 1/22/2020 this case shall be transferred to the United States District Court for the Northern District of Georgia pursuant to 28 U.S.C. 1404(a); on or before 1/21/2020 the parties are DIRECTED to confer and to file in this case, 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 transfer the case to the United States District Court for the Northern District of Georgia; after transfer of the case, 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 1/8/2020. ( cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (kew) [Transferred from West Virginia Southern on 1/22/2020.]
January 8, 2020	Filing 30 VACATED PURSUANT TO THE #31 ORDER ENTERED ON 1/8/2020: TRANSFER ORDER It is DIRECTED that on 1/22/2020 this case shall be transferred to the United States District Court for the Western District of Oklahoma pursuant to 28 U.S.C. 1404(a); on or before 1/21/2020 the parties are DIRECTED to confer and to file in this case, 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 transfer the case to the United States District Court for the Northern District of Georgia; after transfer of the case, 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 1/8/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (st) (Modified on 1/8/2020 to note order is vacated) (kew). [Transferred from West Virginia Southern on 1/22/2020.]
November 27, 2019	Filing 29 AMENDED NOTICE TO TAKE VIDEO DEPOSITION by Debra Kelley of Brian Raybon, M.D. on 12/9/2019 at 5:30 PM (Wallace, Edward) [Transferred from West Virginia Southern on 1/22/2020.]
November 26, 2019	Filing 28 ORDER granting the Motion by Michael H. Bowman to Change Attorney Information and Withdraw as Counsel filed in the main MDL; the Clerk is directed to withdraw Michael H. Bowman as counsel of record, both on the main master docket and in each individual member case in the MDL pending as of 7/19/2017 in which he appears with Edward A. Wallace, and/or Mark R. Miller, Timothy E. Jackson, Corey G. Lorenz and Tania E. Yusaf. Signed by Judge Joseph R. Goodwin on 11/26/2019. (cc: counsel of record; any unrepresented party) (mwk) (ADI) [Transferred from West Virginia Southern on 1/22/2020.]
October 28, 2019	Filing 27 ORDER granting #26 JOINT MOTION by C. R. Bard, Inc., Debra Kelley Extend Wave 10 Scheduling Deadlines. Signed by Judge Joseph R. Goodwin on 10/28/2019. (cc: attys; any unrepresented party) (st) [Transferred from West Virginia Southern on 1/22/2020.]
October 24, 2019	Filing 26 JOINT MOTION by C. R. Bard, Inc., Debra Kelley Extend Wave 10 Scheduling Deadlines (Attachments: #1 Proposed Order)(Alexander, Eric) (Modified on 10/24/2019 to add party filer) (mk). [Transferred from West Virginia Southern on 1/22/2020.]
October 24, 2019	Filing 25 NOTICE TO TAKE VIDEOTAPED DEPOSITION by Debra Kelley of Brian Raybon M.D. on 11/19/2019 at 9:00 AM (Wallace, Edward) [Transferred from West Virginia Southern on 1/22/2020.]
October 16, 2019	Filing 24 ORDER denying as moot #20 MOTION by C. R. Bard, Inc. to Compel Plaintiff to Amend Plaintiff Fact Sheet and Produce Documentation Regarding Claimed Out-Of-Pocket Expenses. Signed by Magistrate Judge Cheryl A. Eifert on 10/16/2019. (cc: counsel of record; any unrepresented party) (kew) [Transferred from West Virginia Southern on 1/22/2020.]
October 8, 2019	Filing 23 RESPONSE by Debra Kelley in opposition to #20 MOTION by C. R. Bard, Inc. to Compel Plaintiff to Amend Plaintiff Fact Sheet and Produce Documentation Regarding Claimed Out-Of-Pocket Expenses (Wallace, Edward) [Transferred from West Virginia Southern on 1/22/2020.]
October 8, 2019	Filing 22 CERTIFICATE OF SERVICE by Debra Kelley for Amended Plaintiff Fact Sheet. (Wallace, Edward) [Transferred from West Virginia Southern on 1/22/2020.]
October 3, 2019	MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: #20 MOTION by C. R. Bard, Inc. to Compel Plaintiff to Amend Plaintiff Fact Sheet and Produce Documentation Regarding Claimed Out-Of-Pocket Expenses. (ts) [Transferred from West Virginia Southern on 1/22/2020.]
October 3, 2019	Filing 21 MEMORANDUM OF LAW by C. R. Bard, Inc. in support of #20 MOTION by C. R. Bard, Inc. to Compel Plaintiff to Amend Plaintiff Fact Sheet and Produce Documentation Regarding Claimed Out-Of-Pocket Expenses (DeFrancesco, Lindsay) [Transferred from West Virginia Southern on 1/22/2020.]
October 3, 2019	Filing 20 MOTION by C. R. Bard, Inc. to Compel Plaintiff to Amend Plaintiff Fact Sheet and Produce Documentation Regarding Claimed Out-Of-Pocket Expenses (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(DeFrancesco, Lindsay) [Transferred from West Virginia Southern on 1/22/2020.]
September 27, 2019	NOTICE OF DOCKET CORRECTION re: #19 NOTICE of Withdrawal by Andrew Welker of Appearance on behalf of Debra Kelley. ERROR: Document filed as a motion. CORRECTION: Motion terminated and event converted to a notice) (mk). [Transferred from West Virginia Southern on 1/22/2020.]
September 26, 2019	Filing 19 NOTICE of Withdrawal by Andrew Welker of Appearance on behalf of Debra Kelley (Welker, Andrew) (Modified on 9/27/2019 to convert event to notice of withdrawal) (mk). [Transferred from West Virginia Southern on 1/22/2020.]
August 5, 2019	Filing 18 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Timothy E. Jackson on behalf of Debra Kelley. (Jackson, Timothy) [Transferred from West Virginia Southern on 1/22/2020.]
August 5, 2019	Filing 17 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Andrew Welker on behalf of Debra Kelley. (Welker, Andrew) [Transferred from West Virginia Southern on 1/22/2020.]
June 27, 2019	Filing 16 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Lindsay DeFrancesco on behalf of C. R. Bard, Inc.. (DeFrancesco, Lindsay) [Transferred from West Virginia Southern on 1/22/2020.]
June 20, 2019	Filing 15 CERTIFICATE OF SERVICE by C. R. Bard, Inc. for Discovery Materials. (Alexander, Eric) [Transferred from West Virginia Southern on 1/22/2020.]
June 20, 2019	Filing 14 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Eric L. Alexander on behalf of C. R. Bard, Inc.. (Alexander, Eric) [Transferred from West Virginia Southern on 1/22/2020.]
June 14, 2019	Filing 13 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Lori G. Cohen on behalf of C. R. Bard, Inc.. (Cohen, Lori) [Transferred from West Virginia Southern on 1/22/2020.]
May 23, 2019	Filing 12 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Victoria J. Langton on behalf of C. R. Bard, Inc.. (Langton, Victoria) [Transferred from West Virginia Southern on 1/22/2020.]
May 1, 2019	Filing 11 PRETRIAL ORDER # 305 (Docket Control Order - C. R. Bard Wave 10 Cases) The court ORDERS that the cases on Exhibits A and B are: (1) removed from the pending inactive docket; and (2) placed on the active docket. The court further ORDERS that: (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 every case listed on Exhibits A and B become subject to the deadlines in this Docket Control Order; and (4) The following deadlines immediately apply in all Wave 10 cases with one important exception, as more fully set forth herein. Scheduling Deadlines. The following deadlines shall apply in all Bard Wave 10 cases: Plaintiff Fact Sheets due by 05/11/2019. Defendant Fact Sheets due by 05/20/2019. Deadline for written discovery requests due by 06/20/2019. Expert disclosures served by plaintiffs due by 08/19/2019. Expert disclosure served by defendants due by 09/18/2019. Expert disclosure served for rebuttal due by 09/25/2019. Deposition deadline and close of discovery due by 10/25/2019. Filing of dispositive motions due by 11/01/2019. Response to dispositive motions due by 11/15/2019. Reply to response to dispositive motions due by 11/22/2019. Filing of Daubert motions due by 11/04/2019. Responses to Daubert motions due by 11/18/2019. Reply to response to Daubert motions due by 11/25/2019. Confidential Documents. Issues related to sealing of confidential documents that the parties are unable to resolve, must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 9/20/2019, and any response is due by 10/03/2019. Any reply is due by 10/10/2019. Venue Recommendations. The parties shall meet and confer concerning the appropriate venue for each of the cases no later than 10/08/2019, the parties are ORDERED to file joint venue recommendations by 10/18/2019. The parties' joint recommendation(s) shall identify cases where venue is in dispute. Signed by Judge Joseph R. Goodwin on 5/1/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2187; Bard Wave 10 cases identified on Exhibits A and B) (st) (ADI) [Transferred from West Virginia Southern on 1/22/2020.]
August 15, 2018	Filing 10 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) (kab) (ADI) [Transferred from West Virginia Southern on 1/22/2020.]
May 16, 2018	Filing 9 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. Plaintiff(s) and Bard may submit an agreed order of dismissal with prejudice on or before 8/31/2018; 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. This Order is related to the Proposed Inactive Docket Order filed at ECF No. 5792 in MDL Case No. 2187 Bard. Signed by Judge Joseph R. Goodwin on 5/16/2018. (cc: attys; any unrepresented party) (kp) [Transferred from West Virginia Southern on 1/22/2020.]
January 30, 2018	Filing 8 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) (mks) [Transferred from West Virginia Southern on 1/22/2020.]
June 27, 2017	Filing 7 PLAINTIFF PROFILE FORM filed by Debra Kelley. (Wallace, Edward) [Transferred from West Virginia Southern on 1/22/2020.]
June 15, 2017	Filing 6 PLAINTIFF PROFILE FORM filed by Debra Kelley. (Wallace, Edward) [Transferred from West Virginia Southern on 1/22/2020.]
January 16, 2014	Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Melissa Foster Bird on behalf of C. R. Bard, Inc.. (Bird, Melissa) [Transferred from West Virginia Southern on 1/22/2020.]
January 7, 2014	Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Richard B. North, Jr on behalf of C. R. Bard, Inc.. (North, Richard) [Transferred from West Virginia Southern on 1/22/2020.]
December 23, 2013	Filing 3 WAIVER OF SERVICE EXECUTED. Waiver signed by Richard B. North, Jr. on 12/11/2013. C. R. Bard, Inc. waiver mailed on 11/27/2013, answer due 1/27/2014. (North, Richard) [Transferred from West Virginia Southern on 1/22/2020.]
December 10, 2013	Filing 2 TRANSMITTED PRETRIAL ORDER # 93 (Order Amending PTO # 3 - Counsel Structure) entered on 12/06/2013 in MDL 2187 to attorneys in member case. (klc) [Transferred from West Virginia Southern on 1/22/2020.]
November 25, 2013	Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2805322. (Attachments: #1 Civil Cover Sheet, #2 Notice of Service Under Delayed Filing Agreement) (mmw) [Transferred from West Virginia Southern on 1/22/2020.]

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Plaintiff: Debra Kelley
Represented By:	Edward A. Wallace
Represented By:	Michael H. Bowman
Represented By:	Timothy E. Jackson
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Defendant: C. R. Bard Inc.
Represented By:	Melissa Foster Bird
Represented By:	Richard B. North, Jr.
Represented By:	Lori Gail Cohen
Represented By:	Eric L. Alexander
Represented By:	Victoria Jean Langton
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