Dahms v. Coloplast Corp.
| Denise Dahms |
| Coloplast Corp., C. R. Bard, Inc. and Sofradim Production SAS |
| 1:2019cv06349 |
| September 24, 2019 |
| US District Court for the Northern District of Illinois |
| Jorge L Alonso |
| Robert W Gettleman |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 18, 2020. A more recent docket listing may be available from PACER.
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| Filing 81 ATTORNEY Appearance for Defendant Coloplast Corp. by Stephen L. Huffaker (Huffaker, Stephen) |
| Filing 80 MINUTE entry before the Honorable Jorge L. Alonso: Status hearing held. For the reasons stated on the record, Defendant's motion for partial summary judgment #42 and Defendant's motion to exclude or limit the opinion testimony of Bruce Rosenzweig, M.D. #44 are terminated. Defendant shall refile both motions to comply with the rules of this court. Defendant's refiled summary judgment motion and Daubert motion shall be filed by 1/31/20. Plaintiff's responses to the motions shall be filed by 3/31/20. Defendant's replies shall be filed by 4/24/20. The Court will rule electronically on the motions. Defendant's motion for leave to appear pro hac vice #79 is granted. Attorney Stephen L. Huffaker is given leave to file an appearance on behalf of Defendant Coloplast Corp. Notice mailed by judge's staff (lf, ) |
| Filing 79 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16387604. (Huffaker, Stephen) |
| Filing 78 MINUTE entry before the Honorable Jorge L. Alonso: Status hearing previously set for 10/30/19 at 9:30 a.m. is reset to 10:15 a.m. TIME CHANGE ONLY. Notice mailed by judge's staff (lf, ) |
| Filing 77 ATTORNEY Appearance for Defendant Coloplast Corp. by Andrew Jacob Chinsky (Chinsky, Andrew) |
| Filing 76 ATTORNEY Appearance for Plaintiff Denise Dahms by Kathryn Grace Hooten (Hooten, Kathryn) |
| Filing 75 ATTORNEY Appearance for Plaintiff Denise Dahms by Adam Daniel Peavy (Peavy, Adam) |
| Filing 74 ATTORNEY Appearance for Plaintiff Denise Dahms by William Michael Moreland (Moreland, William) |
| Filing 73 ATTORNEY Appearance for Plaintiff Denise Dahms by Scott A. Love (Love, Scott) |
| Filing 72 ATTORNEY Appearance for Plaintiff Denise Dahms by Scott A. Love (Love, Scott) |
| Filing 71 ATTORNEY Appearance for Plaintiff Denise Dahms by William Michael Moreland (Moreland, William) |
| Filing 70 MINUTE entry before the Honorable Jorge L. Alonso: Plaintiff's motions for leave to appear pro hac vice #64 , #67 , #68 and #69 are granted. Attorneys William Moreland, Scott Love, Kathryn Hooten and Adam Peavy are given leave to file appearances on behalf of Plaintiff Denise Dahms. Status hearing set for 10/30/19 at 9:30 a.m. Notice mailed by judge's staff (lf, ) |
| Filing 69 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16327567. (Peavy, Adam) |
| Filing 68 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16317674. (Hooten, Kathryn) |
| Filing 67 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16306414. (Love, Scott) |
| Filing 66 ATTORNEY Appearance for Plaintiff Denise Dahms by Peter J. Flowers (Flowers, Peter) |
| Filing 65 ATTORNEY Appearance for Defendant Coloplast Corp. by Zachary Thomas Fardon (Fardon, Zachary) |
| Filing 64 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16280867. (Moreland, William) |
| Filing 63 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Jorge L. Alonso for all further proceedings pursuant to 28:294(b). Honorable Robert W. Gettleman no longer assigned to the case. Signed by Executive Committee on 9/25/2019.(rp, ) |
| Filing 62 RULE 83.15 Letter to all counsel of record. (ek, ) |
| Filing 61 RECEIVED from West Virginia Southern; Case Number 2:18-cv-00607 (ek) |
| Filing 60 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp.. (Attachments: #1 ECF 2621 - CP Ntc Adopt Becker Prior Opposition wEx, #2 ECF 2623 Coloplast Ntc Adoption Culligan Prior Opposition, #3 ECF 2623-1 Exhibit A, #4 ECF 2624 - CP Ntc Adoption Freeman Prior Opposition wEx, #5 ECF 2625 - CP Ntc Adoption Jarnagin Prior Opposition wEx, #6 ECF 2626 - CP Ntc Adoption Molavi Prior Opposition wEx, #7 ECF 2637 - Order PSC Mtns Compel IFUs, #8 ECF 2638 - Order Denying Daubert Mtns WO Prejudice, #9 ECF 2641 - Order Denying Jarnagin Daubert WO Prejudice)(Varney, Lana) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 59 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp.. (Attachments: #1 ECF 2543 - PSC Reply ISO Mtn Exclude Becker wEx, #2 ECF 2544 - CP Reply ISO Mtn Exclude Rosenzweig wEx, #3 ECF 2546 - PSC Reply ISO Mtn Exclude Molavi wEx, #4 ECF 2549 - PSC Reply ISO Mtn Exclude Jarnagin wEx, #5 ECF 2550 - CP Reply ISO Mtn Exclude Mays, #6 ECF 2550-1 - Exhibit 1, #7 ECF 2550-2 - Exhibit 2, #8 ECF 2550-3 - Exhibit, #9 ECF 2550-4 - Exhibit 4, #10 ECF 2551 - PSC Reply ISO Mtn Exclude Freeman, #11 ECF 2551-1 - Exhibit A, #12 ECF 2551-2 - Exhibit B, #13 ECF 2552 PLs' Reply in Support of Their Motion to Exclude the General Causation Opinions of Patrick Culligan, #14 ECF 2552-1 Exhibit A, #15 ECF 2552-2 Exhibit B, #16 ECF 2552-3 Exhibit C, #17 ECF 2552-4 Exhibit D, #18 ECF 2552-5 Exhibit E, #19 ECF 2553 - Minute Entry, #20 ECF 2554 - Eifert Order on 6-7-19 Hr'g, #21 ECF 2555 - Transcript Hr'g 6-7-19, #22 ECF 2568 - Order Denying Mtn PO re Foreign Doc, #23 ECF 2600 - PSC Ntc Adoption Becker Prior Daubert, #24 ECF 2602 PSC Notice of Adoption Culligan Wave 8, #25 ECF 2603 - PSC Ntc Adoption Freeman Daubert Wave 8, #26 ECF 2604 - PSC Ntc Adoption Jarnagin Wave 8, #27 ECF 2605 - PSC Ntc Adoption Prior Daubert Molavi Wave 8, #28 ECF 2607 - CP Ntc Adoption Garely Daubert wEx, #29 ECF 2609 - CP Ntc Adoption Mays Daubert wEx, #30 ECF 2610 - CP Ntc Adoption Pence Daubert wEx)(Varney, Lana) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 58 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp.. (Attachments: #1 ECF 2529-7 - Exhibit 7, #2 ECF 2529-8 - Exhibit 8, #3 ECF 2530 - CP Opp PSC Mtn Exclude Jarnagin wEx, #4 ECF 2531 ECF Doc 2531 CP Opp PSC Mtn Exclude Culliga, #5 ECF 2531-1 Exhibit 1, #6 ECF 2531-2 Exhibit 2, #7 ECF 2531-3 Exhibit 3, #8 ECF 2534 - PSC Opp to CP Mtn Exclude Garely, #9 ECF 2534-1 - Exhibit 1, #10 ECF 2534-2 - Exhibit 2, #11 ECF 2534-3 - Exhibit 3, #12 ECF 2534-4 - Exhibit 4, #13 ECF 2534-5 - Exhibit 5, #14 ECF 2534-6 - Exhibit 6, #15 ECF 2534-6 - Exhibit 6, #16 ECF 2535 - PSC Opp to CP Mtn Exclude Mays, #17 ECF 2535-1 - Exhibit 1, #18 ECF 2535-2 - Exhibit 2, #19 ECF 2535-3 - Exhibit 3, #20 ECF 2536 - PSC Opp to CP Mtn Exclude Pence, #21 ECF 2536-1 - Exhibit A, #22 ECF 2536-2 - Exhibit B, #23 ECF 2536-3 - Exhibit C, #24 ECF 2536-4 - Exhibit D, #25 ECF 2536-5 - Exhibit E, #26 ECF 2536-6 - Exhibit F, #27 ECF 2537 - PSC Opp to CP Mtn Exclude Rosenzweig wEx, #28 ECF 2540 - CP Reply ISO Mtn Exclude Pence, #29 ECF 2540-1 - Exhibit 1-A, #30 ECF 2540-2 - Exhibit 1-B)(Varney, Lana) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 57 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp.. (Attachments: #1 ECF 2514-1 - Exhibit 1, #2 ECF 2514-2 - Exhibit 2, #3 ECF 2518 - PSC Mtn Exclude Jarnagin, #4 ECF 2518-1 - Exhibit A, #5 ECF 2518-2 - Exhibit B, #6 ECF 2518-3 - Exhibit C, #7 ECF 2518-4 - Exhibit D, #8 ECF 2518-5 - Exhibit E, #9 ECF 2518-6 - Exhibit F, #10 ECF 2518-7 - Exhibit G, #11 ECF 2519 - PSC Memo ISO Mtn Exclude Jarnagin, #12 ECF 2520 - PSC Memo ISO Mtn Exclude Freeman, #13 ECF 2522 - Transcript Hr'g 4-12-19, #14 ECF 2526 - COS by Pltfs for Rule 26 General Exp Wit Discl, #15 ECF 2527 - CP Opp PSC Mtn Exclude Molavi wEx, #16 ECF 2528 - CP Opp PSC Mtn Exclude Freeman, #17 ECF 2528-1 - Exhibit 1, #18 ECF 2528-2 - Exhibit 2, #19 ECF 2528-3 - Exhibit 3, #20 ECF 2528-4 - Exhibit 4, #21 ECF 2528-5 - Exhibit 5, #22 ECF 2528-6 - Exhibit 6, #23 ECF 2528-7 - Exhibit 7, #24 ECF 2529 - CP Opp PSC Mtn Exclude Becker, #25 ECF 2529-1 - Exhibit 1, #26 ECF 2529-2 - Exhibit 2, #27 ECF 2529-3 - Exhibit 3, #28 ECF 2529-4 - Exhibit 4, #29 ECF 2529-5 - Exhibit 5)(Varney, Lana) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 56 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp.. (Attachments: #1 ECF 2502 - PSC Mtn Exclude Becker, #2 ECF 2502-1 - Exhibit 1, #3 ECF 2502-2 - Exhibit 2, #4 ECF 2503 - PSC Memo ISO Mtn Exlude Becker, #5 ECF 2504 - CP Mtn Exclude Mays, #6 ECF 2504-1 - Exhibit 1, #7 ECF 2504-2 - Exhibit 2, #8 ECF 2504-3 - Exhibit 3, #9 ECF 2504-4 - Exhibit 4, #10 ECF 2504-5 - Exhibit 5, #11 ECF 2504-6 - Exhibit 6, #12 ECF 2504-7 - Exhibit 7, #13 ECF 2504-8 - Exhibit 8, #14 ECF 2504-9 - Exhibit 9, #15 ECF 2504-10 - Exhibit 9A, #16 ECF 2504-11 - Exhibit 10, #17 ECF 2505 - CP Memo ISO Mtn Exclude Mays, #18 ECF 2506 PSC Mtn Exclude Dr Patrick Culligan, #19 ECF 2506-1 Exhibit A, #20 ECF 2506-2 Exhibit B, #21 ECF 2506-3 Exhibit C, #22 ECF 2506-4 Exhibit D, #23 ECF 2506-5 Exhibit E, #24 ECF 2507 PSC Memo ISO Mtn Exclude Culligan, #25 ECF 2510 - PSC Mtn Exclude Molavi wEx, #26 ECF 2511 - PSC Memo ISO Mtn Exclude Molavi, #27 ECF 2512 - CP Mtn Exclude Rosenzweig wEx, #28 ECF 2513 - CP Memo ISO Mtn Exclude Rosenzweig)(Varney, Lana) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 55 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp.. (Attachments: #1 ECF 2382 Pltfs Mot for Issuance of Ltrs Rogatory, #2 ECF 2382-1 Exhibit 1, #3 ECF 2382-2 Exhibit 2, #4 ECF 2383 Pltfs Memo in Support of 2382 , #5 ECF 2384 Minute Entry on 3-7-19 Hr'g, #6 ECF 2388 COS Certain Pltfs for Rule 26a2 Exp. Testimony Discls-, #7 ECF 2393 - PTO_154_, #8 ECF 2396 Coloplast Opp to Pltf Letters Rogatory, #9 ECF 2405 Jt Mtn to Seal, #10 ECF 2406 Eifert Order, #11 ECF 2418 Transcript Hr'g 4-5-19, #12 ECF 2427 Minute Entry re 4-12-19 Hr'g, #13 ECF 2450 PSC Hague Convention Request, #14 ECF 2453 Not Mot Certain Pltfs for Issuance of Ltrs Rogatory, #15 ECF 2453-1 - Exhibit 1, #16 ECF 2453-2 Exhibit 2, #17 ECF 2472 PSC Hague Convention Request, #18 ECF 2483 Order Gr'g Pltf Mtn Letters Rogatory, #19 ECF 2484 - PTO_158, #20 ECF 2494 - CP Mtn Exclude Garely wEx, #21 ECF 2495 - CP Memo ISO Mtn Exclude Garely, #22 ECF 2500 - Mtn Exclude Pence, #23 ECF 2500-1 - Exhibit 1, #24 ECF 2500-2 - Exhibit 2, #25 ECF 2500-3 - Exhibit 3, #26 ECF 2500-4 - Exhibit 4, #27 ECF 2500-5 - Exhibit 5)(Varney, Lana) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 54 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp.. (Attachments: #1 ECF 2353 CP Opp MTC Short Time MTC IFUs, #2 ECF 2354 Pltf Reply ISO Short Time Foreign Docs, #3 ECF 2355 Pltf Reply ISO Mtn Time MTC IFUs, #4 ECF 2359 Order on MTCs-Hearings, #5 ECF 2367 CP Opp to MTC Foreign Docs&Wit, #6 ECF 2367-1 Varney Declaration, #7 ECF 2367-2 Exhibit A, #8 ECF 2367-3 Exhibit B, #9 ECF 2367-4 Exhibit C, #10 ECF 2367-5 Exhibit D, #11 ECF 2367-6 Exhibit E, #12 ECF 2367-7 Exhibit F, #13 ECF 2367-8 Exhibit G, #14 ECF 2367-9 Exhibit H, #15 ECF 2368 CP Opp to MTC IFUs etc, #16 ECF 2368-1 Exhibit 1, #17 ECF 2368-2 Exhibit 2, #18 ECF 2368-3 Exhibit 3, #19 ECF 2368-4 Exhibit 4, #20 ECF 2368-5 Exhibit 5, #21 ECF 2368-6 Exhibit 6, #22 ECF 2368-7 Exhibit 7, #23 ECF 2368-8 Exhibit 8, #24 ECF 2368-9 Exhibit 9, #25 ECF 2368-10 Exhibit 10, #26 ECF 2369 Pltf Reply ISO MTC 2 (IFUs, brochures, etc.) - Copy, #27 ECF 2370 Pltf Reply ISO MTC Foreign Docs&Wit, #28 ECF 2377 Transcript Hr'g 3-1-19, #29 ECF 2379 CPs Surreply to Mtns Compel)(Varney, Lana) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 53 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp.. (Attachments: #1 ECF 1583 - PTO_136, #2 ECF 2142 - PTO_138, #3 ECF 2240 - PTO_139, #4 ECF 2241 - PTO_140, #5 ECF 2257 - PTO_142, #6 ECF 2260 - PTO_143, #7 ECF 2299 - PTO_145, #8 ECF 2310 - PTO_146, #9 ECF 2317 - PTO_147, #10 ECF 2338 - PTO_149, #11 ECF 2339 - PTO_150, #12 ECF 2346 Pltfs MTC Foreign Docs&Wit, #13 ECF 2346-1 Exhibit A, #14 ECF 2346-2 Exhibit B, #15 ECF 2346-3 Exhibit C, #16 ECF 2346-4 Exhibit D, #17 ECF 2346-5 Exhibit E, #18 ECF 2346-6 Exhibit F, #19 ECF 2347 Memo ISO MTC Foreign Docs&Wit, #20 ECF 2348 Cert of Counsel for Certain PLs, #21 ECF 2349 Pltf MTC Short Time MTC Foreig Docs&Wit, #22 ECF 2350 Pltf MTC&Memo IFUs etc, #23 ECF 2350-1 Exhibit A, #24 ECF 2350-2 Exhibit B, #25 ECF 2350-3 Exhibit C, #26 ECF 2350-4 Exhibit D, #27 ECF 2350-5 Exhibit E, #28 ECF 2351 Pltf Mtn Short Time IFUs)(Varney, Lana) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 52 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp.. (Attachments: #1 ECF 621 - PTO_109, #2 ECF 622 - PTO_110, #3 ECF 634 - PTO_112, #4 ECF 969 - PTO_117, #5 ECF 1028 - PTO_119 wEx, #6 ECF 1197 - PTO_121, #7 ECF 1198 - 2nd Amend Master LF Complaint, #8 ECF 1258 - CP Jt Master LF Answer to 2nd Amend Master Comp, #9 ECF 1259 - PTO_122, #10 ECF 1260 - PTO_123, #11 ECF 1261 - PTO_124, #12 ECF 1262 - Mentor Master LF Answer 2nd Amend Master Complaint, #13 ECF 1275 - PTO_125, #14 ECF 1276 - PTO_126, #15 ECF 1277 - PTO_127, #16 ECF 1289 - PTO_128, #17 ECF 1351 - PTO_129, #18 ECF 1361 - PTO_130, #19 ECF 1382 - PTO_131, #20 ECF 1430 - PTO_132, #21 ECF 1448 - PTO_134, #22 ECF 1489 PLs Mot for Order Allowing Mentor's OB Tape Production, #23 ECF 1490 PL's Memo in Support of 1489 , #24 ECF 1490-1 Exhibit A, #25 ECF 1491 - PTO_135, #26 ECF 1508 Order on 1489 , #27 ECF 1509 Mentor's Objection to 1489 , #28 ECF 1509-1 Exhibit)(Varney, Lana) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 51 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp.. (Attachments: #1 ECF 13 - PTO_5, #2 ECF 33 - PTO_10 wEx, #3 ECF 40 - PTO_12 wEx, #4 ECF 41 - PTO_13 wEx, #5 ECF 48 - PTO_15 wEx, #6 ECF 59 - PTO_20, #7 ECF 86 - Joint Mtn to Show Cause re Stipulated Dismissal of Certain Defts, #8 ECF 86-1 - Proposed Order, #9 ECF 87 - PTO_26 wEx, #10 ECF 89 - PTO_27, #11 ECF 92 - PTO_28, #12 ECF 93 - PTO_29 wEx, #13 ECF 96 - PTO_30, #14 ECF 124 - PTO_32, #15 ECF 256 - PTO_59, #16 ECF 374 - PTO_74, #17 ECF 381 - PTO_76 wEx, #18 ECF 389 - PTO_77 wEx, #19 ECF 395 - PTO_79 wEx, #20 ECF 420 - PTO_80, #21 ECF 442 - PTO_86, #22 ECF 474 - PTO_90, #23 ECF 491 - PTO_94, #24 ECF 508 - PTO_98, #25 ECF 527 - PTO_100, #26 ECF 558 - PTO_102 wEx, #27 ECF 561 - PTO_103 wEx, #28 ECF 562 - PTO_104 wEx, #29 ECF 572 - PTO_105 wEx)(Varney, Lana) [Transferred from West Virginia Southern on 9/24/2019.] |
Filing 50
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 9/24/2019 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 9/23/2019 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 9/10/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2387; Cases Listed on Exhibit A) (mms) [Transferred from West Virginia Southern on 9/24/2019.]
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| Filing 49 REPLY by Coloplast Corp. to #47 Response In Opposition. (Attachments: #1 Exhibit, #2 Exhibit)(Varney, Lana) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 48 REPLY MEMORANDUM OF LAW by Coloplast Corp. to #46 Response In Opposition. (Attachment: #1 Exhibit)(Varney, Lana) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 47 RESPONSE by Denise Dahms in opposition to #44 MOTION by Coloplast Corp. to Exclude Or Limit The Opinion Testimony Of Bruce Rosenzweig, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Clark, Clayton) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 46 RESPONSE by Denise Dahms in opposition to #42 MOTION by Coloplast Corp. for Partial Summary Judgment. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Clark, Clayton) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 45 MEMORANDUM OF LAW by Coloplast Corp. in support of #44 MOTION by Coloplast Corp. to Exclude Or Limit The Opinion Testimony Of Bruce Rosenzweig, M.D. (Varney, Lana) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 44 MOTION by Coloplast Corp. to Exclude Or Limit The Opinion Testimony Of Bruce Rosenzweig, M.D. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Varney, Lana) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 43 MEMORANDUM OF LAW by Coloplast Corp. in support of #42 MOTION by Coloplast Corp. for Partial Summary Judgment. (Varney, Lana) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 42 MOTION by Coloplast Corp. for Partial Summary Judgment. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Varney, Lana) [Transferred from West Virginia Southern on 9/24/2019.] |
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Filing 41
AGREED PROTECTIVE ORDER The parties have agreed to be bound by the terms set forth herein, which shall apply prospectively from the date of entry, and to request its entry by the presiding judge; Plaintiffs' Emergency Motion for Entry of Protective Order is DENIED as moot. Signed by Magistrate Judge Cheryl A. Eifert on 8/2/2019. (cc: counsel of record) (kew) [Transferred from West Virginia Southern on 9/24/2019.]
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Filing 40
MEMORANDUM OPINION and ORDER SEALING DOCUMENTS granting #39 MOTION by Denise Dahms to Seal; directing that Plaintiffs' Motions to Seal Plaintiffs' Emergency Motions for Entry of Protective Order and Memorandum in Support; Plaintiffs' Emergency Motions for Entry of Protective Order; and the attached exhibits be sealed. (Nunez at ECF Nos. 32 through 32-8; and Dahms at ECF Nos. 39 through 39-8). Signed by Magistrate Judge Cheryl A. Eifert on 7/15/2019. (cc: counsel of record; any unrepresented party) (kew) [Transferred from West Virginia Southern on 9/24/2019.]
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| MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: #39 MOTION by Denise Dahms to Seal. (ts) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 39 MOTION by Denise Dahms to Seal. (Attachments: #1 Proposed Order Motion to Seal, #2 Motion for Protective Order, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Proposed Order for Motion for Protective Order)(Clark, Clayton) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 38 RESPONSES AND OBJECTIONS by Denise Dahms to Defendant's #34 Notice of Deposition of Bruce Rosenzweig, M.D. (Clark, Clayton) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 37 CROSS-NOTICE OF AMENDED NOTICE OF VIDEOTAPED DEPOSITION OF RAJA CHATTERJI, M.D. by Coloplast Corp. (Varney, Lana) (Modified on 7/9/2019 to convert event to a notice of deposition) (mkw). [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 36 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Lauren Schultz on behalf of Denise Dahms. (Schultz, Lauren) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 35 AMENDED NOTICE TO TAKE VIDEOTAPED DEPOSITION by Denise Dahms of Raja Chatterji, M.D. on July 13, 2019 at 9:00 a.m. (Clark, Clayton) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 34 AMENDED NOTICE TO TAKE DEPOSITION DUCES TECUM by Coloplast Corp. of Bruce Rosenzweig, MD on July 11, 2019 at 1:00 p.m. (Varney, Lana) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 33 CERTIFICATE OF SERVICE by Coloplast Corp. for Designation and Disclosure of Expert Witnesses. (Varney, Lana) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 32 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Lezzlie Elizabeth Hornsby on behalf of Denise Dahms. (Hornsby, Lezzlie) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 31 NOTICE TO TAKE VIDEOTAPED DEPOSITION by Coloplast Corp. of Denise Dahms on June 28, 2019 at 10:00 a.m. (Varney, Lana) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 30 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kathryn Grace Hooten on behalf of Denise Dahms. (Hooten, Kathryn) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 29 NOTICE TO TAKE DEPOSITION DUCES TECUM by Coloplast Corp. of Bruce Rosenzweig, M.D. on June 27, 2019 at 10:00 a.m. (Varney, Lana) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 28 CERTIFICATE OF SERVICE by Denise Dahms for Rule 26 Expert Disclosures with reports. (Clark, Clayton) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 27 RESPONSE TO ORDER TO SHOW CAUSE by Denise Dahms. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Clark, Clayton) [Transferred from West Virginia Southern on 9/24/2019.] |
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Filing 26
PRETRIAL ORDER # 160 (ORDER AND SHOW CAUSE ORDER) Exhibit A Directing that the parties must identify each case as a Remand or Transfer Case and for the Transfer Cases on Exhibit A, the parties must identify venue information as follows: (1) the agreed venue or disputed venue; (2) plaintiff's counsel of record; (3) plaintiff's city and state of residence; and (4) state of plaintiff's implant and any removal(s). For the Remand Cases on Exhibit A, the parties must identify (1) the jurisdiction to which the case must be returned as indicated on the court's docket sheet; and (2) plaintiff's counsel. The parties shall meet and confer concerning the appropriate venue for each of the Transfer Cases and work to identify the remand jurisdiction for the Remand Cases as indicated on the court's docket sheet by 6/1/2019; directing that parties to file the above information by 6/13/2019. The submission of the information as directed by the court is essential to the planned remand or transfer of the remaining cases in this MDL. Exhibit B - Show Cause Directing that in each individual case on Exhibit B, plaintiffs and Coloplast, Inc. or Mentor Worldwide (where named) show cause on or before 6/17/2019, why they should not be sanctioned for failing to comply with the court's scheduling orders pursuant to Rule 16(f) of the Federal Rules of Civil Procedure. Exhibit C - Show Cause Directing that before 6/17/2019, the plaintiff in each individual case must show cause why the case should not be dismissed without prejudice pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Signed by Judge Joseph R. Goodwin on 5/20/2019. (cc: attys; any unrepresented party) (REF: MDL 2387; Cases Listed on Exhibits A, B and C) (kab) [Transferred from West Virginia Southern on 9/24/2019.]
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Filing 25
PRETRIAL ORDER # 159 SHOW CAUSE ORDER directing that plaintiffs' leadership and counsel for ALL defendants named in cases in Wave 5, 6, 7 and 8 are directed to show cause in writing in each individual case, why they should not be sanctioned pursuant to Rule 16(f) of the Federal Rules of Civil Procedure for failing to comply with my Order by Wednesday, 5/22/2019; the court has attached Exhibit A, which contains the remaining cases in Coloplast Waves 5, 6, 7 and 8; as a courtesy, the court has attached Exhibit B, containing the cases (1) in Coloplast Wave 9 and (2) other MDL waves now in the Coloplast MDL. The court will schedule a hearing at a later date. Signed by Judge Joseph R. Goodwin on 5/7/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2387; Each case in Coloplast Waves 5, 6, 7 and 8) (mms) [Transferred from West Virginia Southern on 9/24/2019.]
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| Filing 24 CERTIFICATE OF SERVICE by Coloplast Corp. for Responses and Objections to Plaintiff's First Set of Interrogatories, Requests for Admissions and Requests for Production. (Varney, Lana) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 23 CERTIFICATE OF SERVICE by Denise Dahms for Responses to to Defendant's First Set of Interrogatories, First Set of Requests for Production and First Set of Requests for Admissions. (Clark, Clayton) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 22 CERTIFICATE OF SERVICE by Denise Dahms for First Set of Interrogatories, First Set of Requests for Production First Set of Requests for Admissions to Defendant. (Clark, Clayton) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 21 CERTIFICATE OF SERVICE by Coloplast Corp. for First Set of Interrogatories, Requests for Admissions, and Requests for Production of Documents. (Varney, Lana) [Transferred from West Virginia Southern on 9/24/2019.] |
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Filing 20
ORDER denying #14 MOTION by Coloplast Corp. to Dismiss With Prejudice. Signed by Judge Joseph R. Goodwin on 3/18/2019. (cc: attys; any unrepresented party) (brn) [Transferred from West Virginia Southern on 9/24/2019.]
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| Filing 19 NOTICE TO TAKE VIDEOTAPED DEPOSITION by Denise Dahms of Raja Chatterji, M.D. on June 1, 2019 at 10:00 a.m. (Clark, Clayton) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 18 RESPONSE by Denise Dahms in opposition to #14 MOTION by Coloplast Corp. to Dismiss With Prejudice. (Clark, Clayton) [Transferred from West Virginia Southern on 9/24/2019.] |
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Filing 17
ORDER granting #13 JOINT MOTION by Denise Dahms, C. R. Bard, Inc. to Dismiss Without Prejudice and MOTION by Denise Dahms to Transfer this member case from MDL 2187 C. R. Bard to MDL 2387 Coloplast; the Clerk is directed to disassociate this civil action as a member case in MDL 2187 and re-associate it with MDL 2387. Signed by Judge Joseph R. Goodwin on 2/22/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (kp) [Transferred from West Virginia Southern on 9/24/2019.]
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| Filing 16 AMENDED SHORT FORM COMPLAINT filed by Denise Dahms against Coloplast Corp. (Love, Scott) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 15 PLAINTIFF FACT SHEET filed by Denise Dahms. (Moreland, William) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 14 MOTION by Coloplast Corp. to Dismiss With Prejudice. (Attachments: #1 Exhibit A, #2 Proposed Order)(Varney, Lana) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 13 JOINT MOTION by Denise Dahms, C. R. Bard, Inc. to Dismiss Without Prejudice and MOTION by Denise Dahms to Transfer this member case from MDL 2187 C. R. Bard to MDL 2387 Coloplast. (North, Richard) (Modified on 2/11/2019 to add party filer) (mkw). [Transferred from West Virginia Southern on 9/24/2019.] |
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Filing 12
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) [Transferred from West Virginia Southern on 9/24/2019.]
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| Filing 11 STIPULATION OF SETTLEMENT BETWEEN CERTAIN PARTIES by C. R. Bard, Inc., Denise Dahms (North, Richard)(Modified on 10/12/2018 to add party filer)(rmc) [Transferred from West Virginia Southern on 9/24/2019.] |
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Filing 10
PRETRIAL ORDER # 294 (Order Re: Mandatory Settlement Conference for Certain Unresolved Cases) The settlement conferences will be conducted as follows: 1. For the cases identified on Exhibit A, attached hereto, the court will conduct a mandatory settlement conference in those cases beginning on 11/7/2018, at 9:00 a.m. in room 6200B and continuing from day-to-day thereafter; 2. For the cases identified on Exhibit B, attached hereto, the court will conduct a mandatory settlement conference in those cases beginning on 11/8/2018, at 9:00 a.m. in room 6200B and continuing from day-to-day thereafter; 3. For the cases identified on Exhibit C, attached hereto, the court will conduct a mandatory settlement conference in those cases beginning on 11/9/2018, at 9:00 a.m. in room 6200B and continuing from day-to-day thereafter; it is ORDERED that (1) individual plaintiffs whose cases are scheduled for a settlement conference shall appear in person for the settlement conference with counsel of record as reflected on the docket sheet for that plaintiff's case; and (2) any plaintiff who fails to comply with this PTO may be subject to a substantial sanction, including dismissal with prejudice; it is further ORDERED that if the parties reach a settlement in a case listed on Exhibits A, B or C, submission of an inactive docket order for that case will relieve plaintiff and her counsel from the obligation of attending the mandatory settlement conference; finally, it is ORDERED that the cases identified as resolved and pending dismissal, identified in the attached Exhibit D, must be dismissed by 1/11/2019. Signed by Judge Joseph R. Goodwin on 10/11/2018. (cc: attys; any unrepresented party) (REF: MDL 2187; Cases identified on Exhibits A, B, C, and D) (kab) [Transferred from West Virginia Southern on 9/24/2019.]
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Filing 9
PRETRIAL ORDER # 293 (Order re: Rescheduling Mandatory Settlement Conference for Certain Remaining Plaintiffs in Bard MDL) directing (1) counsel for all plaintiffs identified in the attached Exhibit A whose cases have not been resolved and are not subject to an agreement in principle to resolve, are directed to meet and confer with Pepper Hamilton LLP on or before 10/3/2018, and to engage in good faith discussions about the possibility of settlement, (2) Messrs. Garrard and Potts and Bard Settlement Counsel are directed to provide a joint written report to the Court and Special Master Reisman via email on 10/8/2018, identifying which cases remaining on Exhibit A have not been resolved or dismissed, (3) the Court will enter an order on 10/11/2018 identifying on which of the following dates the parties in each case must appear for the settlement conference: November 7, 8 and 9, 2018 or such other date as set by the Court. Each day, the settlement conferences will begin at 9:00 a.m. in Charleston, West Virginia at the Robert C. Byrd United States Courthouse, (4) individual plaintiffs whose cases are scheduled for a settlement conference shall appear in person for the settlement conference along with counsel of record, (5) any plaintiff who fails to comply with this PTO may be subject to a substantial sanction, including dismissal with prejudice, and (6) cases not settled during the settlement conference will be dealt with by further order. Signed by Judge Joseph R. Goodwin on 9/11/2018. (cc: attys; any unrepresented party) (REF: MDL 2187; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 9/24/2019.]
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Filing 8
PRETRIAL ORDER # 290 (Order re: Mandatory Settlement Conference for Certain Remaining Plaintiffs in Bard MDL) directing (1) counsel for all plaintiffs identified in Exhibit A whose cases have not been resolved and are not subject to an agreement in principle to resolve, are directed to meet and confer with Pepper Hamilton LLP on or before 9/14/2018, and to engage in good faith discussions about the possibility of settlement, (2) Messrs. Garrard and Potts and Bard Settlement Counsel to provide a joint written report to the court and Special Master Reisman via email on 9/18/2018, identifying which cases remain on Exhibit A, (3) the Court will enter an Order on 9/21/2018 identifying on which of the following dates the parties in each case must appear for the settlement conference: October 15, 17, 18 or 19, 2018 or such other date as set by the court. Each day, the settlement conferences will begin at 9:00 a.m. in Charleston, West Virginia at the Robert C. Byrd United States Courthouse, (4) individual plaintiffs whose cases are scheduled for a settlement conference shall appear in person for the settlement conference along with counsel of record, and (5) any plaintiff who fails to comply with this PTO may be subject to a substantial sanction, including dismissal with prejudice. Signed by Judge Joseph R. Goodwin on 8/3/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2187; Cases Listed on Exhibit A) (brn) [Transferred from West Virginia Southern on 9/24/2019.]
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| Filing 7 PLAINTIFF PROFILE FORM filed by Denise Dahms. (Moreland, W.) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 6 WAIVER OF SERVICE EXECUTED. Waiver signed by Richard B. North, Jr. on 5/16/2018. C. R. Bard, Inc. waiver mailed on 5/3/2018, answer due 7/2/2018. (North, Richard) [Transferred from West Virginia Southern on 9/24/2019.] |
| 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) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Lana K. Varney on behalf of Coloplast Corp.. (Varney, Lana) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 3 AMENDED SHORT FORM COMPLAINT filed by Denise Dahms against C. R. Bard, Inc., Coloplast Corp. (Love, Scott) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 280 (Order Appointing Cathy Yanni as Settlement Master for Private Master Settlement Agreement Between C. R. Bard and Lockridge Grindal Nauen P.L.L.P) entered on 04/13/2018 in MDL 2187 to attorneys in member case. (mmw) [Transferred from West Virginia Southern on 9/24/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-6417777. (Attachment: #1 Civil Cover Sheet) (st) [Transferred from West Virginia Southern on 9/24/2019.] |
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