Gutierrez et al v. C R Bard Incorporated et al
Plaintiff: Martin Gutierrez and Claudia Gutierrez
Defendant: C R Bard Incorporated and Bard Peripheral Vascular Incorporated
Case Number: 1:2019cv00844
Filed: September 9, 2019
Court: US District Court for the District of New Mexico
Presiding Judge: William P Johnson
Referring Judge: Kirtan Khalsa
2 Judge: John F Robbenhaar
3 Judge: Steven C Yarbrough
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 16, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 16, 2019 Opinion or Order Filing 29 ORDER SETTING STATUS CONFERENCE by Magistrate Judge John F. Robbenhaar. Status Conference set for 5/12/2020 at 10:00 AM before Magistrate Judge John F. Robbenhaar. The parties are to call the AT&T Teleconference line: 888-363-4735, Access Code: 2387395, to connect to the proceedings. THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (smd)
October 16, 2019 Opinion or Order Filing 28 ORDER SETTING SETTLEMENT AND TELEPHONIC PRE-SETTLEMENT CONFERENCES by Magistrate Judge John F. Robbenhaar. Settlement Conference set for 12/21/2020 at 09:00 AM in Albuquerque - 560 Cimarron Courtroom before Magistrate Judge John F. Robbenhaar. Telephonic Pre-Settlement Conference set for 11/30/2020. The Parties are to call the AT&T Teleconference line: 888-363-4735, Access Code: 2387395, to connect to the proceedings. The parties letters are due 11/10/2020, 11/17/2020, and 11/23/2020, as set forth in the attached Order. (smd)
October 16, 2019 Opinion or Order Filing 27 ORDER ADOPTING JOINT STATUS REPORT AND PROVISIONAL DISCOVERY PLAN WITH CHANGES AND SETTING CASE MANAGEMENT DEADLINES by Magistrate Judge John F. Robbenhaar. Amended Pleadings and Joinder of Parties due by 12/17/2019. Fact Discovery due by 10/29/2020. Plaintiffs' Expert Disclosures by 10/30/2020. Fact Discovery Motions by 11/18/2020. Defendants' Expert Disclosures by 11/30/2020. Plaintiffs' Rebuttal Experts by 12/30/2020. Plaintiffs' Experts Deposed by 1/29/2021. Defendants' Experts Deposed by 3/3/2021. Expert Discovery Deadline 4/2/2021. Motions to Exclude Expert Testimony by 5/19/2021. Dispositive Motions by 6/18/2021. Proposed Pretrial Order Plaintiffs to Defendants by 7/30/2021, and Defendants to the Court by 8/13/2021. (smd)
October 16, 2019 Filing 26 Clerk's Minutes for proceedings held before Magistrate Judge John F. Robbenhaar: Scheduling Conference held on 10/15/2019. (smd)
October 10, 2019 Filing 25 CERTIFICATE OF SERVICE by Martin Gutierrez Certificate of Service of Plaintiff's Rule 26(a) Initial Disclosures (Kaufman, Justin)
October 9, 2019 Filing 24 CERTIFICATE OF SERVICE by Bard Peripheral Vascular Incorporated, C R Bard Incorporated Rule 26 Disclosures (Walker, Alex)
October 3, 2019 Opinion or Order Filing 23 ORDER SETTING HEARING by Magistrate Judge John F. Robbenhaar. Rule 16(c) Hearing set for 10/15/2019 at 03:00 PM in Albuquerque - 730 Judge John F. Robbenhaar Chambers before Magistrate Judge John F. Robbenhaar. The parties have the option of appearing telephonically by calling Judge Robbenhaar's AT&T Conference line at 888-363-4735, Access Code 2387395, to connect to the proceedings. Any party wishing to appear by telephone should inform chambers within twenty-four hours of the scheduling conference by calling (505) 348-2370 or emailing robbenhaarchambers@nmd.uscourts.gov. THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (smd)
October 2, 2019 Filing 22 Joint Status Report of the Parties' Rule 26(f) Planning Meeting and Proposed Scheduling Order and Discovery Plan by Bard Peripheral Vascular Incorporated, C R Bard Incorporated (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Walker, Alex)
October 1, 2019 Filing 21 NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: Nos. 11 and 12. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg)
September 30, 2019 Filing 20 PLEASE TAKE NOTICE that this case has been reassigned to United States Chief District Judge William P. Johnson as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge Kirtan Khalsa no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (arp)
September 23, 2019 United States Magistrate Judge John F. Robbenhaar assigned. United States Magistrate Judge Steven C. Yarbrough no longer assigned to case. (arp)
September 19, 2019 Filing 19 NOTICE by Bard Peripheral Vascular Incorporated, C R Bard Incorporated of Withdrawal of Counsel (Walker, Alex)
September 19, 2019 Filing 18 NOTICE by Bard Peripheral Vascular Incorporated, C R Bard Incorporated of Certification of Good Standing of Associated Counsel Philip M. Busman (Walker, Alex)
September 19, 2019 Filing 17 ASSOCIATION of Attorney Licensed Outside the District for Defendants Bard Peripheral Vascular Incorporated, C R Bard Incorporated by Alex Cameron Walker on behalf of: Philip M. Busman NELSON MULLINS RILEY & SCARBOROUGH LLP 101 Constitution Avenue, NW, Suite 900Washington, D.C. 20001 202-689-2988 Fax 202-689-2860 phil.busman@nelsonmullins.com (Association Dues - Online Payment) (Walker, Alex)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
September 19, 2019 Filing 16 NOTICE of Appearance by Alex Cameron Walker on behalf of Bard Peripheral Vascular Incorporated, C R Bard Incorporated (Walker, Alex)
September 19, 2019 Filing 15 NOTICE by Martin Gutierrez Notice of Association of Out of District Counsel and Certificate of Good Standing (Kaufman, Justin)
September 19, 2019 Filing 14 NOTICE of Appearance by Justin Ross Kaufman on behalf of All Plaintiffs (Kaufman, Justin)
September 19, 2019 Filing 13 ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Martin Gutierrez by Justin Ross Kaufman on behalf of: Chelsea Dickerson Dickerson Oxton LLC 1200 Main St., Suite 2120Kansas City, MO 64105 816-268-1960 Fax 816-268-1965 cdickerson@dickersonoxton.com (Association Dues - Online Payment) (Kaufman, Justin)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
September 19, 2019 Association Dues Received: $ 100 receipt number 1084-6682353 re: # 13 Association of Attorney Licensed Outside the District, filed by Martin Gutierrez (Payment made via Pay.gov)(Kaufman, Justin)
September 19, 2019 Association Dues Received: $ 100 receipt number 1084-6683750 re: # 17 Association of Attorney Licensed Outside the District,, filed by Bard Peripheral Vascular Incorporated, C R Bard Incorporated (Payment made via Pay.gov)(Walker, Alex)
September 18, 2019 Filing 10 NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge no later than 10 days from the entry of this notice unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (kfg)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
September 18, 2019 Opinion or Order Filing 9 STATUS REPORT ORDER by Magistrate Judge Steven C. Yarbrough. Status Report due by 10/2/2019. (kfg)
September 17, 2019 Filing 8 NOTICE of Appearance by Justin Ross Kaufman on behalf of All Plaintiffs (Kaufman, Justin)
September 12, 2019 Filing 7 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Kirtan Khalsa to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
September 12, 2019 Filing 6 THE PARTIES NOTICE OF FILING SUBMISSION REGARDING TRANSFER OF CERTAIN CASES (Attachments: #1 Notice of Filing Submission, #2 Case Managment Orders, #3 Daubert Orders, #4 Deposition Designation Orders, #5 Discovery and Privilege Orders, #6 Discovery Orders, #7 Master and Short-Form Pleadings, #8 Miscellaneous Orders, #9 Motions in Limine Orders) (kg)
September 12, 2019 Filing 5 Case transferred in from District of Arizona; Case Number 2:19-cv-03390. Original file certified copy of transfer order and docket sheet received. kg
September 12, 2019 United States Magistrate Judge Kirtan Khalsa and United States Magistrate Judge Steven C. Yarbrough assigned. (jg)
September 9, 2019 Remark: Case transferred to District of New Mexico via electronic transfer. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ) [Transferred from Arizona on 9/12/2019.]
August 26, 2019 Filing 4 NOTICE OF FILING AMENDED SCHEDULES FOR CASES TO BE TRANSFERRED OR REMANDED re: #3 . Signed by Senior Judge David G Campbell on 8/26/19. (SLQ) [Transferred from Arizona on 9/12/2019.]
August 20, 2019 Opinion or Order Filing 3 SUGGESTION OF REMAND AND TRANSFER ORDER. See Order for Details. Signed by Senior Judge David G Campbell on 8/19/19. (MAP) [Transferred from Arizona on 9/12/2019.]
May 22, 2019 Filing 2 This case has been assigned to the Honorable David G. Campbell, with member case number: CV-19-3390-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 Arizona on 9/12/2019.]
May 22, 2019 Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-16946538 filed by Martin Gutierrez, Claudia Gutierrez. (Attachments: #1 Civil Cover Sheet)(MAP) [Transferred from Arizona on 9/12/2019.]

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Defendant: C R Bard Incorporated
Represented By: Richard B. North, Jr.
Represented By: Alex Cameron Walker
Represented By: Philip M. Busman
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Defendant: Bard Peripheral Vascular Incorporated
Represented By: Richard B. North, Jr.
Represented By: Alex Cameron Walker
Represented By: Philip M. Busman
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Plaintiff: Martin Gutierrez
Represented By: Chelsea Dickerson
Represented By: Justin Ross Kaufman
Represented By: Rosalind Bienvenu
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Plaintiff: Claudia Gutierrez
Represented By: Chelsea Dickerson
Represented By: Justin Ross Kaufman
Represented By: Rosalind Bienvenu
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