GILLENWATER et al v. COOK INCORPORATED et al
| REBECCA GILLENWATER and MELODY CAROL GILLENWATER |
| COOK INCORPORATED, COOK MEDICAL INCORPORATED, COOK GROUP INCORPORATED, COOK MEDICAL LLC and WILLIAM COOK EUROPE APS |
| 1:2021cv06620 |
| September 30, 2021 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Richard L Young |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 29, 2021. A more recent docket listing may be available from PACER.
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| Filing 23 NOTICE of Appearance by Andrea Roberts Pierson on behalf of Defendants COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL INCORPORATED, COOK GROUP INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL INCORPORATED, COOK GROUP INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL INCORPORATED, COOK GROUP INCORPORATED, COOK MEDICAL LLC, COOK INCORPORATED, COOK MEDICAL INCORPORATED, COOK GROUP INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL INCORPORATED, COOK GROUP INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL INCORPORATED, COOK MEDICAL LLC, COOK GROUP INCORPORATED, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, COOK GROUP INCORPORATED, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL INCORPORATED, COOK GROUP INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, COOK GROUP INCORPORATED, WILLIAM COOK EUROPE APS. Associated Cases: 1:14-ml-02570-RLY-TAB, 1:21-cv-02384-RLY-TAB, 1:21-cv-02577-RLY-TAB, 1:21-cv-02597-RLY-TAB, 1:21-cv-02608-RLY-TAB, 1:21-cv-02618-RLY-TAB, 1:21-cv-06611-RLY-TAB, 1:21-cv-06613-RLY-TAB, 1:21-cv-06615-RLY-TAB, 1:21-cv-06616-RLY-TAB, 1:21-cv-06619-RLY-TAB, 1:21-cv-06620-RLY-TAB, 1:21-cv-06634-RLY-TAB, 1:21-cv-06637-RLY-TAB, 1:21-cv-06641-RLY-TAB (Pierson, Andrea) |
| Filing 22 NOTICE of Appearance by Kip S.M. McDonald on behalf of Defendants COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL INCORPORATED, COOK GROUP INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL INCORPORATED, COOK GROUP INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL INCORPORATED, COOK GROUP INCORPORATED, COOK MEDICAL LLC, COOK INCORPORATED, COOK MEDICAL INCORPORATED, COOK GROUP INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL INCORPORATED, COOK GROUP INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL INCORPORATED, COOK MEDICAL LLC, COOK GROUP INCORPORATED, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, COOK GROUP INCORPORATED, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL INCORPORATED, COOK GROUP INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, COOK GROUP INCORPORATED, WILLIAM COOK EUROPE APS. Associated Cases: 1:14-ml-02570-RLY-TAB, 1:21-cv-02384-RLY-TAB, 1:21-cv-02577-RLY-TAB, 1:21-cv-02597-RLY-TAB, 1:21-cv-02608-RLY-TAB, 1:21-cv-02618-RLY-TAB, 1:21-cv-06611-RLY-TAB, 1:21-cv-06613-RLY-TAB, 1:21-cv-06615-RLY-TAB, 1:21-cv-06616-RLY-TAB, 1:21-cv-06619-RLY-TAB, 1:21-cv-06620-RLY-TAB, 1:21-cv-06634-RLY-TAB, 1:21-cv-06637-RLY-TAB, 1:21-cv-06641-RLY-TAB (McDonald, Kip) |
| Filing 21 NOTICE of Appearance by Paul L. Stoller on behalf of Plaintiff REBECCA GILLENWATER, MDL Plaintiff REBECCA GILLENWATER. Associated Cases: 1:14-ml-02570-RLY-TAB, 1:21-cv-06620-RLY-TAB (Stoller, Paul) |
| Filing 20 AMENDED COMPLAINT SHORT FORM COMPLAINT against All Defendants, filed by MELODY GILLENWATER, REBECCA GILLENWATER.Associated Cases: 1:14-ml-02570-RLY-TAB, 1:21-cv-06620-RLY-TAB(Stoller, Paul) |
| Filing 19 Remark - Case Transferred In from Northern District of Mississippi, Cause No. 1:21-cv-138 on 10/4/2021, assigned SD/IN Cause No. 1:21-cv-6614-RLY-TAB and transferred as Member Action to MDL 2570. Case Transferred In from Western District of New York, Cause No. 6:21-cv-6593 on 9/30/2021, assigned SD/IN Cause No. 1:21-cv-6615-RLY-TAB and transferred as Member Action to MDL 2570. Case Transferred In from Northern District of Oklahoma, Cause No. 4:21-cv-366 on 10/1/2021, assigned SD/IN Cause No. 1:21-cv-6616-RLY-TAB and transferred as Member Action to MDL 2570. Case Transferred In from Middle District of Pennsylvania, Cause No. 4:21-cv-1524 on 9/30/2021, assigned SD/IN Cause No. 1:21-cv-6617-RLY-TAB and transferred as Member Action to MDL 2570. Case Transferred In from District of South Carolina, Cause No. 2:21-cv-2810 on 9/30/2021, assigned SD/IN Cause No. 1:21-cv-6618-RLY-TAB and transferred as Member Action to MDL 2570. Case Transferred In from Eastern District of Virginia, Cause No. 3:21-cv-543 on 9/30/2021, assigned SD/IN Cause No. 1:21-cv-6619-RLY-TAB and transferred as Member Action to MDL 2570. Case Transferred In from Southern District of West Virginia, Cause No. 3:21-cv-437 on 9/30/2021, assigned SD/IN Cause No. 1:21-cv-6620-RLY-TAB and transferred as Member Action to MDL 2570. Associated Cases: 1:14-ml-02570-RLY-TAB, 1:21-cv-06614-RLY-TAB, 1:21-cv-06615-RLY-TAB, 1:21-cv-06616-RLY-TAB, 1:21-cv-06617-RLY-TAB, 1:21-cv-06618-RLY-TAB, 1:21-cv-06619-RLY-TAB, 1:21-cv-06620-RLY-TAB(LBT) |
Filing 18
Second Amended Order Establishing Policies and Procedures. Signed by Judge Richard L. Young on 10/4/2021.(LBT)
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| Filing 17 Case transferred in from District of West Virginia Southern; Case Number 3:21-cv-00437. Original file copy of transfer order and docket sheet received. |
| Filing 16 CONDITIONAL TRANSFER ORDER (CTO-166) JUDICIAL PANEL ON MDL: certified copy from the Southern District of Indiana transferring this action to the USDC/SDIN for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. 1407. Signed by John W. Nichols, Clerk of the Panel on 9/30/2021. (cc: attys) (kew) [Transferred from West Virginia Southern on 9/30/2021.] |
| Filing 15 NOTIFICATION FROM JUDICIAL PANEL ON MULTIDISTRICT LITIGATION re: Conditional Transfer Order (CTO-166), MDL 2570. (kew) [Transferred from West Virginia Southern on 9/30/2021.] |
| Filing 14 RETURN RECEIPT CARD received re: #10 Entry of Default by Clerk; delivered to Cook Medical LLC on 9/27/2021. (jsa) [Transferred from West Virginia Southern on 9/30/2021.] |
| Filing 13 RETURN RECEIPT CARD received re: #10 Entry of Default by Clerk; delivered to Cook Group Incorporated on 9/27/2021. (jsa) [Transferred from West Virginia Southern on 9/30/2021.] |
| Filing 12 RETURN RECEIPT CARD received re: #10 Entry of Default by Clerk; delivered to Cook Medical Incorporated on 9/27/2021. (jsa) [Transferred from West Virginia Southern on 9/30/2021.] |
| Filing 11 RETURN RECEIPT CARD received re: #10 Entry of Default by Clerk; delivered to Cook Incorporated on 9/27/2021. (jsa) [Transferred from West Virginia Southern on 9/30/2021.] |
| Filing 10 ENTRY OF DEFAULT BY CLERK as to Cook Group Incorporated, Cook Incorporated, Cook Medical Incorporated, Cook Medical, LLC. (Attachments: #1 certified mail receipt, Cook Incorporated, #2 certified mail receipt, Cook Medical Incorporated, #3 certified mail receipt, Cook Group Incorporated, #4 certified mail receipt, Cook Medical, LLC) (cc: counsel of record; defendants via certified mail) (jsa) [Transferred from West Virginia Southern on 9/30/2021.] |
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Filing 9
ORDER directing the Clerk to enter a default, pursuant to Fed. R. Civ. P. 55(a), against the Defendants Cook Incorporated, Cook Medical Incorporated, Cook Group Incorporated, and Cook Medical, LLC; further directing counsel for Plaintiff to file the appropriate motions and affidavits, or to arrange for the necessary evidentiary hearing, to facilitate the entry of default judgment, pursuant to Fed. R. Civ. P. 55(b), within twenty days of the entry of this Order. Signed by Judge Robert C. Chambers on 9/23/2021. (cc: counsel of record; any unrepresented parties) (jsa) [Transferred from West Virginia Southern on 9/30/2021.]
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| NOTICE OF DOCKET CORRECTION re: 4 Summons Returned Executed. Error: Incorrect event selected and images for proof of service filed as one document. Correction: Detached images and added the full summons with the proof of service attached and filed for each defendant separately using the event Summons Returned Executed By Personal Service. (mkw) [Transferred from West Virginia Southern on 9/30/2021.] |
| Filing 8 SUMMONS RETURNED EXECUTED by Personal Service for Cook Medical, LLC. Cook Medical, LLC served on 8/30/2021, answer due 9/20/2021. Summons served on Tim Sellers, Legal Processor. (mkw) [Transferred from West Virginia Southern on 9/30/2021.] |
| Filing 7 SUMMONS RETURNED EXECUTED by Personal Service for Cook Group Incorporated. Cook Group Incorporated served on 8/30/2021, answer due 9/20/2021. Summons served on Tim Sellers, Legal Processor. (mkw) [Transferred from West Virginia Southern on 9/30/2021.] |
| Filing 6 SUMMONS RETURNED EXECUTED by Personal Service for Cook Medical Incorporated. Cook Medical Incorporated served on 8/30/2021, answer due 9/20/2021. Summons served on Tim Sellers, Legal Processor. (mkw) [Transferred from West Virginia Southern on 9/30/2021.] |
| Filing 5 SUMMONS RETURNED EXECUTED by Personal Service for Cook Incorporated. Cook Incorporated served on 8/30/2021, answer due 9/20/2021. Summons served on Tim Sellers, Legal Processor. (mkw) [Transferred from West Virginia Southern on 9/30/2021.] |
| Filing 4 INCORRECT ENTRY; SEE ENTRY NOS. 5-8. (Barney, David) (Modified on 9/3/2021 to detach image and file at docket entry nos. 5-8) (mkw). [Transferred from West Virginia Southern on 9/30/2021.] |
| CASE assigned to Judge Robert C. Chambers. (klc) [Transferred from West Virginia Southern on 9/30/2021.] |
| Filing 3 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Eifert. (cc: counsel of record; any unrepresented party) (jsa) [Transferred from West Virginia Southern on 9/30/2021.] |
| Filing 2 ELECTRONIC SUMMONS ISSUED as to Cook Group Incorporated, Cook Incorporated, Cook Medical Incorporated, Cook Medical, LLC, re: #1 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). (Attachments: #1 summons as to Cook Medical Incorporated, #2 summons as to Cook Group Incorporated, #3 summons as to Cook Medical, LLC) (jsa) [Transferred from West Virginia Southern on 9/30/2021.] |
| Filing 1 COMPLAINT. Filing Fee $402.00. Receipt # AWVSDC-8003650. (Attachments: #1 proposed summons as to Cook Incorporated, #2 proposed summons as to Cook Medical Incorporated, #3 proposed summons as to Cook Group Incorporated, #4 proposed summons as to Cook Medical, LLC, #5 Civil Cover Sheet) (jsa) [Transferred from West Virginia Southern on 9/30/2021.] |
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