Madsen et al v. C. R. Bard, Inc.
| Veronica Madsen and James Madsen |
| C. R. Bard Inc. |
| 1:2020cv01487 |
| April 8, 2020 |
| US District Court for the Northern District of Georgia |
| Orinda D Evans |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| New Civil Action Number in USDC NDIL 1:20-cv-2345(aar) |
| Case transferred to United States District Court for the Northern District of Illinois, filed in this district in error. Original file and docket sheet sent. (bdb) |
| Filing 102 Case transferred in from District of West Virginia Southern; Case Number 2:16-cv-11633. Original file certified copy of transfer order and docket sheet received. |
| Submission of #1 Complaint, to District Judge Orinda D. Evans. (aar) |
| Filing 101 DESIGNATION OF RECORD for MDL transfers re: 2:10-md-02187 - C. R. Bard, Inc. (Attachments: #1 Exhibit A)(Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
Filing 100
AMENDED TRANSFER ORDER It is DIRECTED that on 4/8/2020 this case shall be transferred to the United States District Court for the Northern District of Illinois pursuant to 28 U.S.C. 1404(a); on or before 4/7/2020 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 Illinois; 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 3/27/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (kew) [Transferred from West Virginia Southern on 4/8/2020.]
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Filing 99
TRANSFER ORDER It is DIRECTED that on 4/8/2020 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 4/7/2020 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 3/25/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (st) [Transferred from West Virginia Southern on 4/8/2020.]
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Filing 98
ORDER The #76 MOTION by James Madsen, Veronica Madsen to Strike Non-Retained Expert in Violation of the Court's Pretrial Order is GRANTED to the extent plaintiffs seek an order excluding expert witnesses designated by Bard in excess of five; plaintiffs' Motion is otherwise DENIED. Signed by Judge Joseph R. Goodwin on 3/25/2020. (cc: counsel of record; any unrepresented party) (st) [Transferred from West Virginia Southern on 4/8/2020.]
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| Filing 97 REPLY MEMORANDUM OF LAW by C. R. Bard, Inc. to #93 Memorandum In Opposition. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 96 REPLY MEMORANDUM OF LAW by C. R. Bard, Inc. to #90 Notice of Adoption. (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 95 REPLY by C. R. Bard, Inc. to #91 Notice of Adoption. (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 94 REPLY MEMORANDUM by C. R. Bard, Inc. to #92 Memorandum In Opposition. (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 93 OPPOSITION by James Madsen, Veronica Madsen to #80 MOTION by C. R. Bard, Inc. for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Davis, Steven) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 92 MEMORANDUM by James Madsen, Veronica Madsen in opposition to #86 MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony of Michael T. Margolis, M.D.. (Davis, Steven) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 91 NOTICE of Adoption of Prior Response in Opposition to Defendants' Motion to Exclude or Limit Certain Opinions and Testimony of Alan Garely, M.D. for Wave 9 Cases by James Madsen, Veronica Madsen (Attachment: #1 Exhibit A)(Davis, Steven) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 90 NOTICE of Adoption of Prior Response in Opposition to Defendants' Motion to Exclude or Limit Certain Opinions and Testimony of Anthony Brennan, Ph.D. for Wave 9 Cases by James Madsen, Veronica Madsen (Attachment: #1 Exhibits 1-8)(Davis, Steven) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 89 MEMORANDUM OF LAW by C. R. Bard, Inc. in opposition to #76 MOTION by James Madsen, Veronica Madsen to Strike Non-Retained Expert in Violation of the Court's Pretrial Order (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 88 MEMORANDUM OF LAW by C. R. Bard, Inc. in opposition to #78 DAUBERT MOTION by James Madsen, Veronica Madsen to Exclude Certain Opinion Testimony of Charbel Salamon, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 87 MEMORANDUM OF LAW by C. R. Bard, Inc. in support of #86 MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony of Michael T. Margolis, M.D.. (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 86 MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony of Michael T. Margolis, M.D.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 85 MEMORANDUM OF LAW by C. R. Bard, Inc. in support of #84 MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony of Anthony Brennan, Ph.D.. (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 84 MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony of Anthony Brennan, Ph.D.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 83 MEMORANDUM OF LAW by C. R. Bard, Inc. in support of #82 MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony of Alan Garely, M.D.. (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 82 MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony of Alan Garely, M.D.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 81 MEMORANDUM OF LAW by C. R. Bard, Inc. in support of #80 MOTION by C. R. Bard, Inc. for Partial Summary Judgment (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 80 MOTION by C. R. Bard, Inc. for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F- Part 1, #7 Exhibit F- Part 2, #8 Exhibit F- Part 3, #9 Exhibit F- Part 4, #10 Exhibit F- Part 5, #11 Exhibit F- Part 6, #12 Exhibit F- Part 7, #13 Exhibit F- Part 8, #14 Exhibit F- Part 9, #15 Exhibit F- Part 10, #16 Exhibit F- Part 11, #17 Exhibit F- Part 12, #18 Exhibit F- Part 13, #19 Exhibit F- Part 14, #20 Exhibit F- Part 15)(Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 79 MEMORANDUM by James Madsen, Veronica Madsen in support of #78 DAUBERT MOTION by James Madsen, Veronica Madsen to Exclude Certain Opinion Testimony of Charbel Salamon, M.D. (Davis, Steven) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 78 DAUBERT MOTION by James Madsen, Veronica Madsen to Exclude Certain Opinion Testimony of Charbel Salamon, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B)(Davis, Steven) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 77 MEMORANDUM by James Madsen, Veronica Madsen in support of #76 MOTION by James Madsen, Veronica Madsen to Strike Non-Retained Expert in Violation of the Court's Pretrial Order (Davis, Steven) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 76 MOTION by James Madsen, Veronica Madsen to Strike Non-Retained Expert in Violation of the Court's Pretrial Order. (Attachment: #1 Exhibit A)(Davis, Steven) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 75 PLAINTIFF FACT SHEET filed by James Madsen, Veronica Madsen. (Davis, Steven) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 74 NOTICE OF VIDEOTAPED DEPOSITION by C. R. Bard, Inc. of Dionysios Veronikis, M.D. on January 26, 2020 at 10:00 AM CST (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
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Filing 73
ORDER granting #71 JOINT MOTION by C. R. Bard, Inc., Veronica Madsen, James Madsen to Extend Dispositive and Daubert Motion Deadlines, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 12/17/2019. (cc: attys; any unrepresented party) (kew) [Transferred from West Virginia Southern on 4/8/2020.]
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| Filing 72 PROPOSED ORDER Order Granting Joint Motion by C. R. Bard, Inc., Veronica Madsen, James Madsen to Extend Dispositive and Daubert Motion Deadlines by C. R. Bard, Inc. (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 71 JOINT MOTION by C. R. Bard, Inc., Veronica Madsen, James Madsen to Extend Dispositive and Daubert Motion Deadlines. (Cohen, Lori) (Modified on 12/17/2019 to add party filers) (kew). [Transferred from West Virginia Southern on 4/8/2020.] |
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Filing 70
ORDER directing that the #68 Transfer Order for Cases on Exhibit A is VACATED in this case only. Signed by Judge Joseph R. Goodwin on 12/11/2019. (cc: counsel of record; any unrepresented party) (st) [Transferred from West Virginia Southern on 4/8/2020.]
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| Filing 69 NOTICE of Rule 45 Subpoena Duces Tecum for Deposition of Dionysios Veronikis, M.D. by C. R. Bard, Inc. (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
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Filing 68
VACATED PURSUANT TO THE #70 ORDER ENTERED ON 12/11/2019: TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 12/17/2019 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 12/16/2019 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 12/3/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2187; Cases Listed on Exhibit A) (st) (Modified on 12/11/2019 to note order has been vacated) (kew). [Transferred from West Virginia Southern on 4/8/2020.]
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Filing 67
PRETRIAL ORDER # 346 (Docket Control Order - Ethicon, Inc. Wave 13 Cases) The Pretrial Order # 341 is AMENDED to correct a typographical error in Paragraph A (Scheduling Deadlines); the court has removed cases from the original Exhibit A that have since closed; the remaining provisions related to Wave 13 remain in effect and are set forth herein. Signed by Judge Joseph R. Goodwin on 9/10/2019. (cc: attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (mms) [Transferred from West Virginia Southern on 4/8/2020.]
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| Filing 66 NOTICE OF VIDEOTAPED DEPOSITION by C. R. Bard, Inc. of Sarah A. Collins, M.D. on September 20, 2019 at 1:30 PM CDT (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 65 NOTICE OF VIDEOTAPED DEPOSITION by C. R. Bard, Inc. of Ervin Kocjancic, M.D. on October 8, 2019 at 2:00 PM CDT (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 64 NOTICE OF VIDEOTAPED DEPOSITION by C. R. Bard, Inc. of Michael Thomas Margolis, M.D. on November 9, 2019 at 7:00 PM PST (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
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Filing 63
ORDER (Docket Control Order Ethicon, Inc. Wave 13 Case) The #61 Joint Motion to Transfer This Case From Wave 9 to Wave 10 of Bard MDL is GRANTED in part to the extent that this case will no longer be subject to the Bard Wave 9 Scheduling Order (PTO # 299) and DENIED in part to the extent that this case will not be placed in the Bard Wave 10 but will be placed on the following scheduling order and flagged as an Ethicon Wave 13 cases; the court ORDERS as follows: SCHEDULING DEADLINES. Expert disclosures served by plaintiffs pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 10/08/2019. Expert disclosure served by defendants pursuant to Fed. R. Civ P. 26 as limited by 3.a. of this order due by 11/07/2019. Expert disclosure served for rebuttal pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 11/14/2019. Deposition deadline and close of discovery due by 12/13/2019. Filing of dispositive motions due by 12/20/2019. Response to dispositive motions due by 01/03/2020. Reply to response to dispositive motions due by 01/10/2020. Filing of Daubert motions due by 12/20/2020. Responses to Daubert motions due by 01/03/2020. Reply to response to Daubert motions due by 01/10/2020. 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 by 11/4/2019, and any response is due by 11/18/2019. Any reply is due by 11/25/2019. Venue Recommendations. The parties shall meet and confer concerning the appropriate venue for each of the cases no later than 11/5/2019, and are ORDERED to file joint venue recommendations by 11/15/2019. The Clerk is directed to remove any existing wave, closed or inactive flags from this case and place the Ethicon Wave 13 flag. Signed by Judge Joseph R. Goodwin on 8/6/2019. (cc: attys; any unrepresented party) (kew) [Transferred from West Virginia Southern on 4/8/2020.]
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| Filing 62 RULE 45 NOTICE of Subpoena Duces Tecum for Deposition of Dr. Sarah A. Collins, MD by C. R. Bard, Inc. (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 61 JOINT MOTION by C. R. Bard, Inc., Veronica Madsen, James Madsen to Transfer This Case From Wave 9 to Wave 10 of Bard MDL. (Cohen, Lori) (Modified on 8/2/2019 to add party filers) (kew). [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 60 NOTICE OF DEPOSITION by C. R. Bard, Inc. of Pavel Hudoba, M.D. on August 28, 2019 at 10:00 AM CDT (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 59 RESPONSES AND OBJECTIONS by C. R. Bard, Inc. to #58 Notice of Videotaped Deposition of Charbel Salamon, M.D., MS., FACOG (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 58 NOTICE OF VIDEOTAPED DEPOSITION by James Madsen, Veronica Madsen of Charbel Salamon, MD on 07/21/2019 at 3:00pm (Davis, Steven) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 57 CERTIFICATE OF SERVICE by C. R. Bard, Inc. for Designation and Disclosure of Expert Witnesses and Expert Reports. (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 56 AMENDED NOTICE OF DEPOSITION by C. R. Bard, Inc. of Mary Bizios, D.O. on June 13, 2019 at 1:00 PM CDT (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 55 NOTICE OF DEPOSITION by C. R. Bard, Inc. of Mary Bizios, D.O. on June 3, 2019 at 1:00 PM CDT (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 54 CERTIFICATE OF SERVICE by C. R. Bard, Inc. for Discovery Materials. (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 53 NOTICE OF DEPOSITION by C. R. Bard, Inc. of Kimberly Kenton, M.D. on May 8, 2019 at 9:00 AM CDT (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 52 CERTIFICATE OF SERVICE by C. R. Bard, Inc. for Discovery Materials. (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 51 PLAINTIFF FACT SHEET filed by James Madsen, Veronica Madsen. (Davis, Steven) [Transferred from West Virginia Southern on 4/8/2020.] |
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Filing 50
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) [Transferred from West Virginia Southern on 4/8/2020.]
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Filing 49
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) (jsa) [Transferred from West Virginia Southern on 4/8/2020.]
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Filing 48
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) [Transferred from West Virginia Southern on 4/8/2020.]
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Filing 47
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) [Transferred from West Virginia Southern on 4/8/2020.]
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Filing 46
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. 4853 in MDL Case No. 2187 Bard. Signed by Judge Joseph R. Goodwin on 11/30/2017. (cc: attys; any unrepresented party) (rec) [Transferred from West Virginia Southern on 4/8/2020.]
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Filing 45
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)(crg) [Transferred from West Virginia Southern on 4/8/2020.]
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Filing 44
PRETRIAL ORDER # 261 (Fifth Amended Docket Control Order Wave 4 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 4 cases. The following remaining deadlines shall apply in the Bard Wave 4 cases: Deposition deadline and close of discovery including corporate discovery due by 08/11/2017, filing of Dispositive Motions due by 09/11/2017, response to Dispositive Motions due by 09/25/2017, reply to response to dispositive motions due by 10/02//2017, filing of Daubert motions due by 09/18/2017, responses to Daubert motions due by 10/02//2017, and reply to response to Daubert motions due by 10/09/2017. 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 7/26/2017 and any reply is due 8/2/2017. Venue Recommendations: By no later than 8/11/2017, 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 by 8/21/2017. Signed by Judge Joseph R. Goodwin on 9/1/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2187; Wave 4 Cases) (cl) [Transferred from West Virginia Southern on 4/8/2020.]
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Filing 43
PRETRIAL ORDER # 259 (Fourth Amended Docket Control Order - Wave 4 Cases) denying as moot Motion for Extension of Time to Complete Discovery filed in MDL 2187. The Motion for Extension of Time to Complete Discovery filed in MDL 2187 is GRANTED in part as to the proposed changes in the remaining deadlines for Wave 4 and regarding the sixteen experts whose depositions the parties anticipate completing in August. The Amended Motion is DENIED as to Dr. Ostergard. The court is unwilling to provide an open-ended extension for Dr. Ostergard and expects the parties to complete Dr. Ostergard's deposition in August or seek leave of court if that cannot be accomplished. Scheduling Deadlines. The following deadlines apply in the Bard Wave 4 cases: Deposition deadline and close of discovery including corporate discovery due by 8/11/2017, Filing of Dispositive Motions due by 8/30/2017, Response to Dispositive Motions due by 9/13/2017, Reply to response to dispositive motions due by 9/20/2017, Filing of Daubert motions due by 9/06/2017, Responses to Daubert motions due by 9/20/2017, Reply to response to Daubert motions due by 9/27/2017. 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 7/26/2017 and any reply is due 8/02/2017. Venue Recommendations. By no later than 8/11/2017, 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 by 8/21/2017. Signed by Judge Joseph R. Goodwin on 7/13/2017. (cc: Clerk of the JPMDL; attys) (REF: ALL CASES) (brn) [Transferred from West Virginia Southern on 4/8/2020.]
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| Filing 42 NOTICE OF WITHDRAWAL by C. R. Bard, Inc. of #36 Notice of Deposition of Mary Bizios, D.O. (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 41 NOTICE OF WITHDRAWAL by C. R. Bard, Inc. of #39 Notice of Videotaped Deposition of Michael T. Margolis, M.D. and #40 Amended Notice of Videotaped Deposition of Michael T. Margolis, M.D. (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 40 AMENDED NOTICE OF VIDEOTAPED DEPOSITION by C. R. Bard, Inc. of Michael T. Margolis, M.D. on August 20, 2017 at 9:00 a.m. PST (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 39 NOTICE OF VIDEOTAPED DEPOSITION by C. R. Bard, Inc. of Michael T. Margolis, M.D. on July 3, 2017 at 9:00 a.m. PST (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 38 RESPONSES AND OBJECTIONS to #34 Amended Notice of Deposition of Dr. Radha Krishna Upputuri, M.D. by C. R. Bard, Inc. (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 37 CERTIFICATE OF SERVICE by James Madsen, Veronica Madsen for First Set of Interrogatories, Requests for Production of Documents, and Requests for Admissions to Defendant C.R. Bard, Inc. (Kramer, Raymond) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 36 NOTICE OF DEPOSITION by C. R. Bard, Inc. of Mary Bizios, D.O. on July 13, 2017 at 12:30 pm (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 35 CROSS-NOTICE OF DEPOSITION by C. R. Bard, Inc. of Radha Krishna Upputuri, M.D. on June 27, 2017 at 8:00 am (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 34 AMENDED NOTICE OF DEPOSITION by James Madsen, Veronica Madsen of Dr. Radha Krishna Upputuri, M.D. on 06/27/2017 at 8:00 a.m. CDT (Attachments: #1 PTO #40 - Deposition Protocol)(Kramer, Raymond) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 33 PLAINTIFF FACT SHEET filed by James Madsen, Veronica Madsen. (Plattenberger, Jacob) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 32 PLAINTIFF PROFILE FORM filed by James Madsen, Veronica Madsen. (Plattenberger, Jacob) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 31 NOTICE OF WITHDRAWAL by C. R. Bard, Inc. of #27 Notice of Deposition of Mary Bizios, D.O. (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 30 CERTIFICATE OF SERVICE by James Madsen, Veronica Madsen for Designation and Disclosure of General and Case Specific Expert Witnesses. (Plattenberger, Jacob) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 29 RESPONSES AND OBJECTIONS to #26 Notice of Deposition of Dr. Mary Bizios, M.D. by C. R. Bard, Inc. (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 28 RULE 45 NOTICE OF SUBPOENA DUCES TECUM FOR DEPOSITION by C. R. Bard, Inc. of Kendra Erven, PT, DPT, WCS, BCB-PMD on May 18, 2017 at 10:00 AM CST (Kedziora, Marcin) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 27 NOTICE OF DEPOSITION by C. R. Bard, Inc. of Mary Bizios, D.O. on May 31, 2017 at 10:00 am (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 26 NOTICE OF DEPOSITION by James Madsen, Veronica Madsen of Dr. Mary Bizios, M.D. on May 31, 2017 at 10:00 a.m. CDT (Attachments: #1 PTO 40 - Deposition Protocol)(Kramer, Raymond) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 25 CROSS-NOTICE OF DEPOSITION by C. R. Bard, Inc. of Dr. Radha Krishna Upputuri on May 9, 2017 at 9:00 am (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 24 CROSS-NOTICE OF DEPOSITION by C. R. Bard, Inc. of Dr. Kimberly Kenton on May 15, 2017 at 9:00 am (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 23 RESPONSES AND OBJECTIONS to #21 Notice of Issuance of Subpoena to Dr. Kimberly Kenton, M.D. by C. R. Bard, Inc. (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 22 RESPONSES AND OBJECTIONS to #20 Notice of Issuance of Subpoena to Dr. Radha Krishna Upputuri, M.D. by C. R. Bard, Inc. (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 21 NOTICE of Issuance of Subpoena to Dr. Kimberly Kenton, M.D. by James Madsen, Veronica Madsen (Attachment: #1 Exhibit 1)(Kramer, Raymond) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 20 NOTICE of Issuance of Subpoena to Dr. Radha Krishna Upputuri, M.D. by James Madsen, Veronica Madsen (Attachment: #1 Exhibit 1)(Kramer, Raymond) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 19 NOTICE OF DEPOSITION by C. R. Bard, Inc. of Veronica Madsen on March 27, 2017 at 9:00 a.m. (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 18 NOTICE OF DEPOSITION by C. R. Bard, Inc. of James Madsen on March 27, 2017 at 12:00 p.m. (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 17 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 4/8/2020.] |
| Filing 16 CROSS NOTICE OF DEPOSITION by C. R. Bard, Inc. of Radha Krishna Upputuri, M.D. on April 27, 2017 at 9:00 a.m. (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 15 CROSS NOTICE OF DEPOSITION by C. R. Bard, Inc. of Kimberly Kenton, M.D. on April 28, 2017 at 9:00 a.m. (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 14 OBJECTIONS to #7 Notice of Video Deposition of Dr. Kimberly Kenton, M.D. by C. R. Bard, Inc. (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 13 OBJECTIONS to #6 Notice of Video Deposition of Dr. Radha Krishna Upputuri, M.D. by C. R. Bard, Inc. (Cohen, Lori) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 12 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Steven D. Davis on behalf of James Madsen, Veronica Madsen. (Davis, Steven) [Transferred from West Virginia Southern on 4/8/2020.] |
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Filing 11
PRETRIAL ORDER # 243 (Third Amended Docket Control Order - Wave 4 Cases) clarifying case number 2:14-cv-06478 on Exhibit A of Pretrial Order # 236 - the plaintiff in that case, Pamela Wright, is incorrectly referred to on Exhibit A as "Brenda Wright" (another Bard MDL plaintiff, civil action number 2:13-cv-25002); the case of Pamela Wright, et al. v. C. R. Bard, Inc., 2:14-cv-06478, is a Bard Wave 4 case; the case of Brenda Wright, et al., v. C. R. Bard, Inc., et al., 2:13-cv-25002, is not. Signed by Judge Joseph R. Goodwin on 3/3/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2187; Wave 4 cases) (hkl) [Transferred from West Virginia Southern on 4/8/2020.]
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| Filing 10 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Paul Del Aguila on behalf of C. R. Bard, Inc.. (Del Aguila, Paul) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Marcin S. Kedziora on behalf of C. R. Bard, Inc.. (Kedziora, Marcin) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 8 NOTICE OF ATTORNEY APPEARANCE by Felicia V. Manno on behalf of C. R. Bard, Inc.. (Manno, Felicia) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 7 NOTICE OF VIDEO DEPOSITION by James Madsen, Veronica Madsen of Dr. Kimberly Kenton on April 28, 2017 at 9:00 a.m. CDT (Attachment: #1 PTO #40 - Deposition Protocol)(Kramer, Raymond) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 6 NOTICE OF VIDEO DEPOSITION by James Madsen, Veronica Madsen of Dr. Radha Krishna Upputuri on April 27, 2017 at 9:00 a.m. CDT (Attachment: #1 PTO #40 - Deposition Protocol)(Kramer, Raymond) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Raymond Joseph Kramer on behalf of James Madsen, Veronica Madsen. (Kramer, Raymond) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 4 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 4/8/2020.] |
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Filing 3
PRETRIAL ORDER # 236 (Docket Control Order Wave 4 Cases) The cases, attached as Exhibit A, will be known as the Bard Wave 4 cases, and the following deadlines apply: Scheduling Deadlines: Plaintiff Fact Sheets due by 02/27/2017, Defendant Fact Sheets due by 03/27/2017, Deadline for written discovery requests due by 05/29/2017, Expert disclosure by plaintiffs due by 05/12/2017, Expert disclosure by defendants due by 06/12/2017, Expert disclosure for rebuttal purposes due by 06/27/2017, Deposition deadline and close of discovery including corporate discovery due by 07/11/2017, Filing of Dispositive Motions due by 07/31/2017, Response to Dispositive Motions due by 08/14/2017, Reply to response to dispositive motions due by 08/21/2017, Filing of Daubert motions due by 08/08/2017; Responses to Daubert motions due by 08/22/2017, and Reply to response to Daubert motions due by 08/29/2017. 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 06/15/2017, any response is due 06/29/2017 and any reply is due 07/6/2017.Venue Recommendations: The parties shall meet and confer concerning the appropriate venue for each of the cases no later than 05/12/2017 and the parties shall file joint venue recommendations in MDL 2187 05/22/2017. Signed by Judge Joseph R. Goodwin on 1/27/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2187; Bard Wave 4 Cases) (rec) [Transferred from West Virginia Southern on 4/8/2020.]
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| Filing 2 TRANSMITTED PRETRIAL ORDER # 231 (Order re: Mandatory Settlement Conference for Additional Covidien LP, Sofradim and TSL Plaintiffs) entered on 11/30/2016 in MDL 2187 to attorneys in member case. (jk) [Transferred from West Virginia Southern on 4/8/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-5143643. (Attachment: #1 Civil Cover Sheet) (mh) [Transferred from West Virginia Southern on 4/8/2020.] |
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