Schafer et al v. Bayer Corporation
| Jenna Schafer and Walter Schafer |
| Bayer Corporation |
| 2:2020cv00055 |
| October 13, 2020 |
| US District Court for the District of Montana |
| Brian Morris |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 7, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 14
ORDER TO DISMISS WITHOUT PREJUDICE AND ALLOW PLAINTIFFS TO FILE AMENDED COMPLAINT; Upon the unopposed Motion filed by the Plaintiffs, with no objection from Defendants Counsel and good cause appearing: Accordingly, IT IS ORDERED that Plaintiffs Motion to Dismiss without Prejudice #13 is GRANTED. 1. Plaintiffs complaint is dismissed without prejudice. 2. Plaintiffs shall have ninety (90) days from the date of this Order to file an amended complaint. Signed by Judge Brian Morris on 12/7/2020. (TLO)
|
| Filing 13 First MOTION to Dismiss without prejudice Jeffrey Wade Dahood appearing for Plaintiffs Jenna Schafer, Walter Schafer (Attachments: #1 Proposed Order to Dismiss without Prejudice and allowing Plaintiffs to file amended complaint) (Dahood, Jeffrey) |
|
Filing 12
ORDER: Upon the unopposed #11 motion to Extend deadline, with no objection from Defendant's Counsel and good cause appearing therefore: IT IS HEREBY ORDERED that Plaintiffs through their counsel shall have to and including the 4th day of December, 2020 to file the Answer Brief in opposition to the #4 Motion to Dismiss. Signed by Judge Brian Morris on 11/20/2020. (ACC)
|
| Filing 11 Second MOTION for Extension of Time to File Answer Brief Jeffrey Wade Dahood appearing for Plaintiffs Jenna Schafer, Walter Schafer (Attachments: #1 Proposed Order) (Dahood, Jeffrey) |
|
Filing 10
ORDER: In the interest of judicial economy and litigation efficiency, and for good cause shown, the Court GRANTS this #9 Joint Motion to Vacate Order Setting Preliminary Pretrial Conference and to Stay Discovery and ORDERS as follows: 1.The Court vacates its October 20, 2020 #5 Preliminary Pretrial Conference Order. Federal Rules of Civil Procedure, this Court's Local Rules, and any applicable Court Orders are stayed pending the Court's ruling on Bayer's Motion to Dismiss. 3.In the event this civil action is not dismissed, the parties' lead counsel must confer to consider matters listed in Fed. R. Civ. P. 26(f) within twenty-one days from the date the Court rules on Bayer's Motion to Dismiss, and shall file with the Court within fourteen days of that conference a written report outlining the discovery plan formulated. Signed by Judge Brian Morris on 11/18/2020. (ACC)
|
| Filing 9 Joint MOTION to Vacate Order Setting Preliminary Pretrial Conference and Stay Discovery Lee A. Mickus appearing for Defendant Bayer Corporation (Attachments: #1 Exhibit 1 - Proposed Order) (Mickus, Lee) |
|
Filing 8
ORDER granting #7 Motion for Extension of Time to File Answer Brief in Opposition to the Motion to Dismiss. Signed by Judge Brian Morris on 11/9/2020. (MMS)
|
| Filing 7 First MOTION for Extension of Time to File Answer Brief Jeffrey Wade Dahood appearing for Plaintiffs Jenna Schafer, Walter Schafer (Attachments: #1 Proposed Order) (Dahood, Jeffrey) |
| Filing 6 MOTION Judicial Notice re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Lee A. Mickus appearing for Defendant Bayer Corporation (Attachments: #1 Exhibit A - Premarket Approval Order, #2 Exhibit B - Summary of Safety and Effectiveness, #3 Exhibit C - Essure System PMA Supplements, #4 Exhibit D - Regulatory History, #5 Exhibit E - 2002 Essure Instructions for Use, #6 Exhibit F - 2002 Essure Patient Information Booklet, #7 Exhibit G - 2004 Essure Instructions for Use, #8 Exhibit H - 2004 Essure Patient Information Booklet, #9 Exhibit I - FDA Activities) (Mickus, Lee) |
|
Filing 5
PRELIMINARY PRETRIAL CONFERENCE ORDER: Preliminary Pretrial Statement due by 11/25/2020. Joint Discovery Plan due by 11/25/2020. Statement of Stipulated Facts due by 11/25/2020. Telephonic Pretrial Conference set for 12/2/2020 at 03:00 PM before Judge Brian Morris. Signed by Judge Brian Morris on 10/20/2020. (MMS)
|
| Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Lee A. Mickus appearing for Defendant Bayer Corporation (Attachments: #1 Bayer's Brief in Support of Motion to Dismiss, #2 Bayer's Request for Judicial Notice in Support of its Motion to Dismiss, #3 Exhibit A - Premarket Approval Order, #4 Exhibit B - Summary of Safety and Effectiveness, #5 Exhibit C - Essure System PMA Supplements, #6 Exhibit D - Regulatory History, #7 Exhibit E - 2002 Essure Instructions for Use, #8 Exhibit F - 2002 Essure Patient Information Booklet, #9 Exhibit G - 2004 Essure Instructions for Use, #10 Exhibit H - 2004 Essure Patient Information Booklet, #11 Exhibit I - FDA Activities) (Mickus, Lee) |
| Remark: With regard to the Brief in Support of Motion to Dismiss (Doc. 4), filed this date, Counsel is reminded that pursuant to L.R. 7.1(d)(1)(A), "... Briefs in support of a motion must be filed separately from the motion". The documents do not need to be refiled; this is for future reference. Please contact the Clerk's Office with any questions. Thank you. (SLR) |
| Filing 3 COMPLAINT AND DEMAND FOR JURY TRIAL (State Court) against Bayer Corporation, filed by Jenna Schafer, Walter Schafer. (SLR) |
| Filing 2 NOTICE re #1 Notice of Removal from Montana Third Judicial District Court, Anaconda - Deer Lodge County, consisting of State Court documents. (SLR) |
| Filing 1 NOTICE OF REMOVAL by Bayer Corporation from Montana Second Judicial District Court, Butte-Silver Bow County, case number DV-19-53. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A1, #3 Exhibit A2, #4 Exhibit A3) (MMS) |
| Filing fee: $ 400.00, receipt number 0977-2557294 (MMS) |
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 Montana 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.
