Messer v. C R Bard Incorporated et al
| Michael W Messer and Anthony Messer |
| Bard Peripheral Vascular Incorporated, C.R. Bard, Inc. and Bard Peripheral Vascular, Inc. |
| 5:2019cv00363 |
| September 6, 2019 |
| US District Court for the Eastern District of Kentucky |
| Joseph M Hood |
| Danny C Reeves |
| Matthew A Stinnett |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 1, 2019. A more recent docket listing may be available from PACER.
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Filing 21
ORDER: 1. Discovery disputes referred to a Magistrate Judge (Stinnett), assigned by random draw; 2. Parties SHALL assess any potential for agreed resolution; 3. Plaintiff shall supplement initial disclosures by 11/8/2019; 4. Plaintiff shall produce completed fact sheet by 11/25/2019; 5. Defendants shall produce fact sheet by 12/26/2019; 6. Motion to amended pleadings & join additional parties due by 1/16/2020; 7. Discovery due by 7/2/2020; 8. Plaintiff's expert witness report due 7/23/2020; Defendant's due 9/14/2020; 9. Plaintiff's expert witness depositions taken by 10/14/2020, defendant's depositions taken by 11/13/2020; 10. Dispositive Motions, including motions in limine, due by 12/10/2020; 11. All motions for extension of time or to modify this scheduling referred to presiding judgment; 12. Scope of discovery & parties' obligation in discovery governed by FRCP; 13. Motion practice governed by Local Rule 7.1 except as otherwise provided in this order; 14. At least 10 days before final PTC, counsel shall file exhibit lists, premark & display to opposing counsel exhibits, file witness lists, file objections to exhibit lists, file pretrial memorandum brief, file proposed agreed jury instructions; 15. FINAL PRETRIAL CONFERENCE set for 2/8/2021 at 11:00 AM in LEXINGTON before Judge Joseph M. Hood; 16. JURY TRIAL set for 3/16/2021 at 09:00 AM in LEXINGTON before Judge Joseph M. Hood, estimated length of trial is at least 3 weeks; 17. Plaintiff's request to amend case style is GRANTED, this matter shall be styled as "Anthony Messer, Personal Representative of the Estate Michael W.Messer, Plaintiff, v. C.R. Bard, Inc. and Bard Peripheral Vascular,Inc., Defendants.". Signed by Judge Joseph M. Hood on 11/1/2019.(KM)cc: COR,JC,D
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| ***FILE SUBMITTED TO CHAMBERS of Judge Joseph M. Hood for review: #17 Report of Rule 26(f) Planning Meeting (KM) |
| Filing 20 DISCLOSURES by Bard Peripheral Vascular Incorporated, C.R. Bard, Inc.. (Attachments: #1 Exhibit A - Initial Disclosure Witnesses, #2 Exhibit B - MDL Expert Witnesses, #3 Exhibit C - Initial Disclosure Documents)(Bird, Melissa) |
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Filing 18
TRANSFER ORDER: It is ORDERED that this action is REASSIGNED to Judge Joseph M. Hood for all further proceedings. Signed by Judge Danny C. Reeves on 10/25/2019.(KM)cc: COR
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| Filing 17 JOINT REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Exhibit A - Amended Stipulated Protective Order, #2 Exhibit B - Case Management Order No. 12, #3 Exhibit C - Case Management Order No. 14, #4 Exhibit D - Case Management Order No. 21, #5 Exhibit E - Suggestion of Death and related filings)(Bird, Melissa) |
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Filing 16
ORDER: ORDERED that Pla's #15 Motion for Atty Christian P. Fannin to Appear Pro Hac Vice is GRANTED. Signed by Judge Danny C. Reeves on 10/16/2019. (MDC) cc: COR
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| Filing 15 MOTION for Christian P. Fannin to Appear Pro Hac Vice by Michael W Messer (Attachments: #1 Exhibit Louisiana State Bar Certificate, #2 Receipt, #3 Proposed Order)(MDC) |
| BAR STATUS Check completed as to Christian Peters Fannin re #15 MOTION to Appear Pro Hac Vice. (MDC) |
| ***MOTION SUBMITTED TO CHAMBERS of Danny C. Reeves for review: re #15 MOTION for Christian P. Fannin to Appear Pro Hac Vice by Michael W Messer (MDC) |
| Filing 14 NOTICE by Bard Peripheral Vascular Incorporated, C.R. Bard, Inc. Substitution of Counsel (Bird, Melissa) |
| Filing 13 NOTICE TO ATTORNEY Richard B. North, Jr. by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: #1 Attorney Admission Check)(KM) |
| Filing 12 NOTICE TO ATTORNEY Christian Peters Fannin by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: #1 Attorney Admission Check)(KM) |
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Filing 11
ORDER FOR MEETING AND REPORT: 1. NLT 30 days from the date of entry & service of this order, counsel shall conduct meeting of parties; 2. At meeting, parties shall exchange disclosures; 3. NLT 10 days after the meeting, counsel for the parties shall file a written joint report outlining the proposed discovery plan. Signed by Judge Danny C. Reeves on 9/16/2019. (Attachments: #1 Magistrate Consent Form)(KM)cc: COR, Atty Fannin & North via U.S. mail
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| Conflict Check run. (CBD) |
| Filing 10 NOTICE of Submission of Records re Remanded Cases by Bard Peripheral Vascular Incorporated, C.R. Bard, Inc., Michael W Messer NOTE: Please see Master Docket Sheet in United States District Court at Arizona Number 2:15-md-2641 for individual documents related to this MDL. (Attachments: #1 MDL 2641 Master Case Docket Sheet)(CBD) |
| Filing 8 CASE TRANSFERRED IN from District of Arizona. Case number 2:16-cv-03691. Original file, certified copy of transfer order and docket sheet received electronically. cc: COR w/ copy of the docket sheet to non-registered attorneys Modified on 9/13/2019 (CBD). |
| Remark: Case Transferred to the Eastern District of Kentucky. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from azd on 9/10/2019.] |
| Filing 7 NOTICE OF FILING AMENDED SCHEDULES FOR CASES TO BE TRANSFERRED OR REMANDED re: #6 . Signed by Senior Judge David G Campbell on 8/26/19. (SLQ) [Transferred from azd on 9/10/2019.] |
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Filing 6
SUGGESTION OF REMAND AND TRANSFER ORDER. See Order for Details. Signed by Senior Judge David G Campbell on 8/19/19. (MAP) [Transferred from azd on 9/10/2019.]
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| Filing 5 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Michael W Messer First Amended Short Form Complaint. (Ferraro, Julie) [Transferred from azd on 9/10/2019.] |
| Filing 4 *MOTION to Substitute Party: substituting Anthony Messer in place of Michael W. Messer by Michael W Messer. (Attachments: #1 Exhibit 1- First Amended SFC, #2 Exhibit 2- Proposed Order)(Ferraro, Julie) *Document filed in wrong case. Attorney filed document in correct case on 9/29/2017. Modified on 10/02/2017 (KAS). [Transferred from azd on 9/10/2019.] |
| Filing 3 *NOTICE re: Suggestion of Death by Michael W Messer . (Ferraro, Julie) *Document filed in wrong case. Attorney filed document in correct case on 9/20/2017 (LSP). [Transferred from azd on 9/10/2019.] |
| Filing 2 This case has been assigned to the Honorable David G. Campbell, with member case number: CV-16-3691-PHX-DGC. This case is included in MDL-2641. All future pleadings or documents should be filed in the Lead Case: 2:15-md-2641-DGC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from azd on 9/10/2019.] |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-13535131 filed by Michael W Messer. (Attachments: #1 Civil Cover Sheet)(MAP) [Transferred from azd on 9/10/2019.] |
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