Rounds et al v. Mentor Worldwide LLC
| Gregg Rounds and Joyce Rounds |
| Coloplast A/S, Porges S.A., Endo Health Solutions Inc, Mentor Worldwide LLC, Coloplast Corp., American Medical Systems Inc, American Medical Systems Holdings, Inc., Coloplast Manufacturing US, LLC and Endo Pharmaceuticals Inc |
| 1:2018cv00252 |
| August 10, 2018 |
| US District Court for the Northern District of Indiana |
| Fort Wayne Office |
| Allen |
| Paul R Cherry |
| William C Lee |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 4, 2018. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 33
MINUTE ORDER: Telephonic Status Conference set for 10/16/2018 at 11:30 am EST in US District Court - Fort Wayne before Magistrate Judge Paul R Cherry. Court to initiate call. Parties are to file a joint status report by 10/12/2018. The status report is to include a statement on the Court's subject matter jurisdiction, including the citizenship of the parties. Text entry order. By Magistrate Judge Paul R Cherry on 10/4/2018. (mr)
|
|
Filing 32
ORDER granting #31 Application to Appear Pro Hac Vice of Attorney Diane K Watkins PHV for Gregg Rounds and Joyce Rounds. Signed by Magistrate Judge Paul R Cherry on 9/26/2018. (mtr)
|
| Filing 31 Application for Attorney Diane K. Watkins to Appear Pro Hac Vice on behalf of Joyce Rounds and Gregg Rounds. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3680244(Pro Hac Vice Temporary login, ) |
| Filing 30 NOTICE of Appearance by Oni N Harton on behalf of Mentor Worldwide LLC (Harton, Oni) |
| Filing 29 Case transferred in from District of West Virginia Southern; Case Number 2:12-cv-09689. Original file certified copy of transfer order and docket sheet received. |
|
Filing 28
ORDER The #26 UNOPPOSED MOTION by Mentor Worldwide LLC to Sever Plaintiffs' Claims Against Defendant Mentor Worldwide LLC and Transfer Venue is GRANTED in part and DENIED as moot in part; Mentor's #26 Motion is GRANTED to the extent that it requests that this case be transferred, and DENIED as moot to the extent that it requests that the plaintiffs' claims against Mentor be severed; the court ORDERS that this case is transferred to the United States District Court for the Northern District of Indiana pursuant to 28 U.S.C. 1404(a); the Clerk is DIRECTED to transmit a copy of the docket sheet for this case and the entire file for this case to the United States District Court for the Northern District of Indiana. Signed by Judge Joseph R. Goodwin on 8/6/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (kp) [Transferred from West Virginia Southern on 8/10/2018.]
|
|
Filing 27
ORDER (Dismissing Defendant American Medical Systems, Inc. with Prejudice and Transferring Cases to MDL 2387) directing that (1) the JOINT MOTION by American Medical Systems, Inc., Certain Plaintiffs to Dismiss With Prejudice and MOTION by Plaintiffs TO TRANSFER this member case from MDL 2325 American Medical Systems to MDL 2387 Coloplast filed in MDL 2325 are GRANTED; (2) Defendant AMS is DISMISSED WITH PREJUDICE as a defendant in the actions listed in Exhibit A; (3) these actions are TRANSFERRED to MDL 2387; (4) these actions REMAIN subject PTO Nos. 249 and 255 entered in MDL 2325; and (5) plaintiffs' counsel is directed to file the appropriate Amended Short Form Complaint within two weeks of the date of this Order; the Clerk is directed to disassociate each civil action listed in Exhibit A as a member case in MDL 2325 and reassociate it with MDL 2387; the 2325 Wave 3 flag shall remain affixed to the docket of the individual cases listed in Exhibit A. Signed by Judge Joseph R. Goodwin on 7/17/2018. (cc: attys; any unrepresented party) (REF: MDL 2325; Cases Listed in Exhibit A) (kp) [Transferred from West Virginia Southern on 8/10/2018.]
|
| Filing 26 UNOPPOSED MOTION by Mentor Worldwide LLC to Sever Plaintiffs' Claims Against Defendant Mentor Worldwide LLC and Transfer Venue (Rawlin, Dustin). [Transferred from West Virginia Southern on 8/10/2018.] |
| Filing 25 STIPULATION OF SETTLEMENT BETWEEN CERTAIN PARTIES by American Medical Systems, Inc., Joyce Rounds, Gregg Rounds (Binis, Barbara) (Modified on 5/11/2018 to add party filers) (ts). [Transferred from West Virginia Southern on 8/10/2018.] |
|
Filing 24
ORDER granting #23 MOTION by Gregg Rounds, Joyce Rounds TO TRANSFER this member case from MDL 2387 Coloplast to MDL 2325 American Medical Systems; the Clerk is DIRECTED to disassociate this civil action as a member case in MDL 2387 and re-associate it with MDL 2325. Signed by Judge Joseph R. Goodwin on 2/26/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (mek) [Transferred from West Virginia Southern on 8/10/2018.]
|
| Filing 23 MOTION by Gregg Rounds, Joyce Rounds TO TRANSFER this member case from MDL 2387 Coloplast to MDL 2325 American Medical Systems. (Kuntz, Jeffrey) [Transferred from West Virginia Southern on 8/10/2018.] |
|
Filing 22
PRETRIAL ORDER # 136 (Order Staying Coloplast Wave 1, 2, and 3 Cases) Directing 1) Waves 1, 2 and 3 remaining deadlines for specific causation discovery, expert, Daubert and Dispositive motions as set forth in PTO # 132 are STAYED for 60 days. The stays for general causation discovery remains in effect. 2) The parties are expected to continue settlement negotiations. 3) The parties, by counsel, to provide a joint written report to the court, via email on 12/1/2017, as to which cases in Waves 1, 2 and 3 have not been resolved or dismissed. Any case that has a pending Motion to Dismiss or other dispositive motion should be included on the list with a notation that there is a pending motion and whether the motion, if granted, will be dispositive of the entire civil action. Signed by Judge Joseph R. Goodwin on 10/25/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2387; Waves 1, 2 and 3 Cases) (mek) [Transferred from West Virginia Southern on 8/10/2018.]
|
|
Filing 21
PRETRIAL ORDER # 132 (Fifth Amended Docket Control Order - Coloplast Wave 1 Cases; Fourth Amended Docket Control Order - Coloplast Wave 2 Cases; Second Amended Docket Control Order - Coloplast Wave 3 Cases; Second Amended Docket Control Order - Coloplast Wave 4 Cases) directing that (1) the deadlines for all cases in Coloplast Wave 4 (all of which involve the biologic products) remain stayed for all purposes; and (2) the Coloplast Waves 1, 2 and 3 cases are stayed for purposes of general causation discovery only, but not as to specific causation discovery. The following deadlines apply in the Coloplast Waves 1, 2 and 3 cases. The discovery, expert, dispositive and Daubert motion deadlines pertain only to specific causation in Coloplast Waves 1, 2 and 3: Scheduling Deadlines. Defendant Fact Sheets due by 7/20/2017; Deadline for written discovery requests on Specific Causation due by 9/21/2017; Specific Causation Expert disclosure by plaintiffs due by 9/05/2017; Specific Causation Expert disclosure by defendants due by 10/05/2017; Specific Causation Expert disclosure for rebuttal purposes due by 10/20/2017; Specific Causation Deposition deadline and close of discovery due by 11/04/2017; Filing of Dispositive Motions on Specific Causation due by 11/24/2017; Response to Dispositive Motions on Specific Causation due by 12/08/2017; Reply to response to dispositive motions on Specific Causation due by 12/15/2017; Filing of Daubert motions on Specific Causation due by 12/01/2017; Responses to Daubert motions on Specific Causation due by 12/15/2017; and Reply to response to Daubert motions on Specific Causation due by 12/22/2017. Venue Recommendations. By no later than 10/13/2017, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall submit joint venue recommendations to the court by 10/23/2017. Signed by Judge Joseph R. Goodwin on 6/22/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2387; Waves 1, 2, 3, and 4 Cases) (brn) [Transferred from West Virginia Southern on 8/10/2018.]
|
| Filing 20 PLAINTIFF PROFILE FORM filed by Joyce Rounds. (Ruane, Sarah) [Transferred from West Virginia Southern on 8/10/2018.] |
| Filing 19 PLAINTIFF PROFILE FORM filed by Joyce Rounds. (Ruane, Sarah) [Transferred from West Virginia Southern on 8/10/2018.] |
| Filing 18 PLAINTIFF PROFILE FORM filed by Joyce Rounds. (Cartmell, Thomas) [Transferred from West Virginia Southern on 8/10/2018.] |
| Filing 17 NOTIFICATION FROM JUDICIAL PANEL ON MULTIDISTRICT LITIGATION re: Minute Order Suspending Rule 7.1(a) - Panel Rule 7.1(a), requiring notification to the Clerk of the Panel of potential tag-along actions, is hereby suspended in this litigation until further notice. (mek) [Transferred from West Virginia Southern on 8/10/2018.] |
|
Filing 16
PRETRIAL ORDER # 130 (Order Staying Coloplast Wave 1, 2, 3 and 4 Cases - AS TO CLAIMS INVOLVING MENTOR OR BIOLOGICS ONLY) It is directed that all wave deadlines are STAYED in Waves 1, 2, 3 and 4, but only as to claims involving Mentor Worldwide LLC or the biologic products (Suspend-Tutoplast Processed Fascia Lata and/or the Axis-Tutoplast Processed Dermis); for all other claims against Coloplast Corp. or other defendants, the wave deadlines remain in place; the requirements of PTO # 129 (Filing of Plaintiff Profile Forms and Plaintiff Fact Sheets) remain in place for all cases in the Coloplast MDL. Signed by Judge Joseph R. Goodwin on 6/1/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2387; Coloplast Wave 1, 2, 3 and 4 cases) (mek) [Transferred from West Virginia Southern on 8/10/2018.]
|
|
Filing 15
PRETRIAL ORDER # 126 (First Amended Docket Control Order - Coloplast Wave 3 Cases) The court ORDERS that except for the Plaintiff Fact Sheet and Defendant Fact Sheet deadlines, discovery in the Coloplast Wave 3 cases is STAYED until 5/30/2017. Aside from the Plaintiff Fact Sheet and Defendant Fact Sheet deadlines, which shall remain the same, the court has extended the remaining deadlines by twenty-one (21) days. The court ORDERS that the following deadlines apply in the Coloplast Wave 3 cases: Scheduling Deadlines. The following deadlines shall apply in the Coloplast Wave 3 cases: Plaintiff Fact Sheets due by 5/20/2017, Defendant Fact Sheets due by 6/20/2017, Deadline for written discovery requests due by 8/21/2017, Expert disclosure by plaintiffs due by 8/04/2017, Expert disclosure by defendants due by 9/04/2017, Expert disclosure for rebuttal purposes due by 9/19/2017, Deposition deadline and close of discovery due by 10/03/2017, Filing of Dispositive Motions due by 10/23/2017, Response to Dispositive Motions due by 11/06/2017, Reply to response to dispositive motions due by 11/13/2017, Filing of Daubert motions due by 10/30/2017, Responses to Daubert motions due by 11/06/2017, and Reply to response to Daubert motions due by 11/20/201. 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 9/06/2017, any response is due 9/20/2017 and any reply is due 9/27/2017. Venue Recommendations. By no later than 9/13/2017, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall submit joint venue recommendations to the court by 9/25/2017. Signed by Judge Joseph R. Goodwin on 5/10/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2387; Wave 3 Cases) (hkl) [Transferred from West Virginia Southern on 8/10/2018.]
|
|
Filing 14
PRETRIAL ORDER # 123 (Docket Control Order - Coloplast Wave 3 Cases) The court ORDERS that the following deadlines apply in the remaining Coloplast Wave 3 cases attached hereto as Exhibit A: Scheduling Deadlines. The following deadlines shall apply in the Coloplast Wave 3 cases: Plaintiff Fact Sheets due by 5/20/2017, Defendant Fact Sheets due by 6/20/2017, Deadline for written discovery requests due by 7/31/2017, Expert disclosure by plaintiffs due by 7/14/2017, Expert disclosure by defendants due by 8/14/2017, Expert disclosure for rebuttal purposes due by 8/29/2017, Deposition deadline and close of discovery due by 9/12/2017, Filing of Dispositive Motions due by 10/02/2017, Response to Dispositive Motions due by 10/16/2017, Reply to response to dispositive motions due by 10/23/2017, Filing of Daubert motions due by 10/09/2017, Responses to Daubert motions due by 10/23/2017, and Reply to response to Daubert motions due by 10/30/2017. 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 8/16/2017, any response is due 8/30/2017 and any reply is due 9/06/2017. Venue Recommendations. By no later than 8/23/2017, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall submit joint venue recommendations to the court by 9/05/2017. Signed by Judge Joseph R. Goodwin on 4/26/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2387; Wave 3 cases listed on Exhibit A) (hkl) [Transferred from West Virginia Southern on 8/10/2018.]
|
| Filing 13 AMENDED SHORT FORM COMPLAINT filed by Gregg Rounds, Joyce Rounds against Mentor Worldwide LLC, American Medical Systems, Inc. ("AMS"). (Kuntz, Jeffrey) [Transferred from West Virginia Southern on 8/10/2018.] |
|
Filing 12
PRETRIAL ORDER # 86 (Fourth Amended Docket Control Order Wave 1 Cases) The deadlines contained in PTO # 76 are stayed until 3/16/ 2016; if the parties do not continue to make substantial progress in settlement by 3/15/2016, the stay will be lifted on the deadlines contained in PTO # 76 that have not already passed and enter new deadlines for the Plaintiff Fact Sheet (PFS) and the Defendant Fact Sheet (DFS); the PFSs and DFSs for Coloplast Wave 1 cases will be due shortly after the stay of PTO # 76 is lifted and the PTO has been entered identifying the Coloplast Wave 1 cases; directing leadership counsel to submit within thirty days, the proposed PFS and DFS to the court for approval and, for the PFS, posting on the court's website. Signed by Judge Joseph R. Goodwin on 1/15/2016. (cc: attys; any unrepresented parties) (REF: MDL 2387; Wave 1 Cases) (mnm) [Transferred from West Virginia Southern on 8/10/2018.]
|
|
Filing 11
PRETRIAL ORDER # 80 (Third Amended Docket Control Order - Wave 1 Cases) The deadlines in Pretrial Order # 77 (Second Amended Docket Control Order - Wave 1 Cases) entered on 10/16/2015, are stayed for 60 days from the date of this Order. Signed by Judge Joseph R. Goodwin on 11/23/2015. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: MDL 2387; Wave 1 Cases) (kp) [Transferred from West Virginia Southern on 8/10/2018.]
|
|
Filing 10
PRETRIAL ORDER # 77 (Second Amended Docket Control Order Wave 1 Cases) It is directed that PTO # 76 is STAYED until 11/23/2015, and some of the deadlines are modified to allow parties time to identify additional cases to be included in the Coloplast Wave 1 group of cases: the parties are directed to jointly submit a list of the cases in the Coloplast MDL that name Coloplast Corp. only or allege claims against Coloplast Corp.'s products only on or before 11/19/2015; a Third Amended Docket Control Order - Wave 1 Cases with scheduling deadlines will be entered on or before 11/23/2015, except the deadlines for Plaintiff Fact Sheets and Defendant Fact Sheets, which must be moved slightly, the remaining deadlines in PTO # 76 will not be moved; and a Docket Control Order setting the remaining cases identified on 11/19/2015 will be entered on or before 12/21/2015. Signed by Judge Joseph R. Goodwin on 10/16/2015. (Attachment: #1 Exhibit A) (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: MDL 2387; Cases Listed on Exhibit A) (jk) [Transferred from West Virginia Southern on 8/10/2018.]
|
|
Filing 9
PRETRIAL ORDER # 76 (First Amended Docket Control Order Wave 1 Cases) it is directed that: the parties are to notify the court by filing a Final Notice Complying with PTO # 76, preferably jointly, by 10/26/2015; the court will enter a Pretrial Order confirming the cases to be included in the Coloplast Wave 1 on or before 10/28/2015. The following deadlines shall apply in the Coloplast Wave 1 cases: Plaintiff Fact Sheets due by 11/12/2015; Defendant Fact Sheets due by 12/14/2015; Deadline for written discovery requests due by 8/08/2016; Expert disclosure by plaintiffs due by 7/25/2016; Expert disclosure by defendants due by 8/22/2016; Expert disclosure for rebuttal purposes due by 9/07/2016; Deposition deadline and close of discovery due by 9/21/2016; Filing of dispositive and Daubert motions due by 10/11/2016; Responses to dispositive and Daubert motions due by 10/25/2016; and Reply to response to dispositive and Daubert motions due by 11/01/2016. A consolidated motion to seal is due on or before 9/01/2016, any response is due 9/15/2016 and any reply is due 9/22/2016. The parties shall meet and confer concerning the appropriate venue for each of the cases no later than 1/11/2016, and the parties shall submit joint venue recommendations to the court by 1/19/2016; as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 9/30/2015. (Attachment: #1 Exhibit A) (cc: Clerk of the JPMDL; attys) (REF: MDL 2387; Cases Listed on Attached Exhibit A) (jk) [Transferred from West Virginia Southern on 8/10/2018.]
|
| DEFENDANT(S) Porges S.A., Coloplast A/S and Coloplast Manufacturing US, LLC terminated pursuant to PTO #28 entered in MDL 2387, Coloplast Corp. on 05/28/2013. (klc) [Transferred from West Virginia Southern on 8/10/2018.] |
| Filing 8 SUMMONS RETURNED EXECUTED by Personal Service for Coloplast Manufacturing US, LLC. Coloplast Manufacturing US, LLC served on 4/25/2013, answer due 5/16/2013. Summons served on Jenny Schurhamer, Registered Agent. (Kuntz, Jeffrey) [Transferred from West Virginia Southern on 8/10/2018.] |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Coloplast Manufacturing US, LLC, re: #1 Short Form Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (skh) [Transferred from West Virginia Southern on 8/10/2018.] |
| Filing 6 SUMMONS SUBMITTED by Gregg Rounds, Joyce Rounds for Coloplast Manufacturing US, LLC, re: #1 Short Form Complaint. (Kuntz, Jeffrey) [Transferred from West Virginia Southern on 8/10/2018.] |
| DEFENDANT(S) Endo Pharmaceuticals, Inc., American Medical Systems Holdings, Inc. and Endo Health Solutions Inc. terminated pursuant to PTO #24 entered in MDL 2387, Coloplast Corp. on 04/03/2013. (klc) [Transferred from West Virginia Southern on 8/10/2018.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael J. Farrell on behalf of American Medical Systems, Inc.. (Farrell, Michael) [Transferred from West Virginia Southern on 8/10/2018.] |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Erik W. Legg on behalf of American Medical Systems, Inc.. (Legg, Erik) [Transferred from West Virginia Southern on 8/10/2018.] |
| Filing 3 WAIVER OF SERVICE EXECUTED. Waiver signed by Tracy G. Weiss. on 1/16/13. American Medical Systems, Inc. waiver mailed on 1/15/2013, answer due 3/18/2013. (Weiss, Tracy) [Transferred from West Virginia Southern on 8/10/2018.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER 13 (Correction to PTO #10, Direct Filing Order; Master Complaint, Short Form Complaint, Amended Short form Complaint and Master Responsive Pleadings Due Date) entered on 12/21/2012 in MDL 2387 to attorneys in member case. (Attachments: #1 Exhibit B - Short Form Complaint, #2 Exhibit C - Amended Short Form Complaint) (jap) [Transferred from West Virginia Southern on 8/10/2018.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2145144. (Attachment: #1 Civil Cover Sheet) (jws) [Transferred from West Virginia Southern on 8/10/2018.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Indiana Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
