Phillips v. C R Bard Incorporated et al
| Paul Phillips |
| C R Bard Incorporated and Bard Peripheral Vascular Incorporated |
| 5:2019cv01134 |
| September 12, 2019 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Lawrence E Kahn |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 28, 2019. A more recent docket listing may be available from PACER.
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| Filing 19 TEXT ORDER: Counsel are directed to meet and confer and submit a status report by 11/15/2019, proposing a pretrial schedule and discussing any disagreement regarding the appropriate scope of case-specific discovery and any general discovery related to the Denali filter, by letter briefs, not to exceed 7 pages. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 10/28/2019. (nmk) |
| TEXT Minute Entry for telephonic Status Conference held on 10/28/2019 before U.S. Magistrate Judge Andrew T. Baxter: Counsel advise that attorneys on both sides were involved with the MDL proceedings and have a common inventory of many remanded cases, as least two in the Northern District of New York. Counsel will confer and consider whether they will request consolidation or coordination of pretrial proceedings in this case and in the Doran case, 5:19-cv-01126 (GTS/ML). Court inquires as to any settlement prospects in this case. Counsel advises that some case-specific discovery will need to be conducted in this and other remanded cases before settlement discussions (which will likely be done at a macro level with respect to multiple cases) will be productive. Counsel will review the documents sent to NDNY from the MDL and will notify the court whether all of the orders and pleadings designated in the MDL should be carried over to the docket in this case. The parties agree that this case may proceed on the prior pleadings, including a short-form complaint which incorporates a master complaint developed in the MDL. Defense counsel, while reserving defendant's rights, does not currently contemplate early dispositive motions. The parties will meet and confer regarding any dispositive motions to see if they can narrow the issues based on prior rulings in MDL bellwether cases. Counsel discuss generally the case-specific discovery that needs to be completed, in relation to this and other cases remanded from the MDL. They anticipate using discovery templates developed in the MDL bellwether cases to streamline discovery. Plaintiff's counsel will seek leave to conduct limited general discovery regarding Bard's "Denali" Vena Cava Filter, which was the most recent of the line of filters involved in this litigation and may have been the subject of less general discovery in the MDL. Defense counsel expects that he will object to such general discovery. (The filter involved in the Doran case was an earlier product, not the Denali filter.) Counsel are directed to meet and confer and submit a status report by 11/15/2019, proposing a pretrial schedule and discussing any disagreement regarding the appropriate scope of case-specific discovery and any general discovery related to the Denali filter, by letter briefs, not to exceed 7 pages. Appearances: Laura Baughman, Esq. for plaintiff; James Rogers, Esq. and Vivian Quinn, Esq. for defendants. (Time: 10:38 AM - 11:07 AM.) (nmk) |
| Filing 18 NOTICE of Appearance by Laura J Baughman on behalf of Paul Phillips (Baughman, Laura) |
| TEXT NOTICE of Hearing: A telephonic Status Conference is set for 10/28/2019 at 10:30 AM before U.S. Magistrate Judge Andrew T. Baxter. Plaintiff's counsel is directed to initiate the call and contact chambers at 315-234-8600 when all participants are on the conference line. (nmk) |
| Filing 17 NOTICE of Appearance by Laura J Baughman on behalf of Paul Phillips (Baughman, Laura) |
| Filing 16 NOTICE of Appearance by James F. Rogers on behalf of Bard Peripheral Vascular Incorporated, C R Bard Incorporated (Rogers, James) |
| Filing 15 TEXT ORDER: granting #14 Motion for Limited Admission Pro Hac Vice. Attorney James F. Rogers is hereby admitted to practice in this action on behalf of Bard Peripheral Vascular Incorporated and C R Bard Incorporated. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Counsel is reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST FILED IN THIS ACTION or you will not receive electronic notifications in the case. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 9/23/2019. (nmk) |
| Filing 14 MOTION for Limited Admission Pro Hac Vice of James F. Rogers Filing fee $100, receipt number ANYNDC-4877805. filed by Bard Peripheral Vascular Incorporated, C R Bard Incorporated. (Attachments: #1 Declaration of Vivian M. Quinn, #2 Petition for Admission to Practice, #3 Certificate of Good Standing, #4 New Attorney E-Filing Registration Form, #5 Certificate of Service) Motions referred to Andrew T. Baxter. (Quinn, Vivian) |
| Filing 13 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Bard Peripheral Vascular Incorporated, C R Bard Incorporated identifying Corporate Parent Becton, Dickinson and Company for Bard Peripheral Vascular Incorporated, C R Bard Incorporated.. (Attachments: #1 Certificate of Service)(Quinn, Vivian) |
| Filing 12 CERTIFICATE OF SERVICE by Bard Peripheral Vascular Incorporated, C R Bard Incorporated re #9 Notice of Appearance (Quinn, Vivian) |
| Filing 11 CERTIFICATE OF SERVICE by Bard Peripheral Vascular Incorporated, C R Bard Incorporated re #10 Notice of Appearance (Scarpello, Tracey) |
| TEXT NOTICE to Attorneys Vivian M. Quinn and Tracey B. Scarpello, re: #9 Notice of Appearance and #10 Notice of Appearance. Plaintiff's counsel is not admitted at this point to the Northern District of New York. Please file proof of service of the above documents upon plaintiff's last known attorney. (see) |
| Filing 10 NOTICE of Appearance by Tracey B. Scarpello on behalf of Bard Peripheral Vascular Incorporated, C R Bard Incorporated (Scarpello, Tracey) |
| Filing 9 NOTICE of Appearance by Vivian M. Quinn on behalf of Bard Peripheral Vascular Incorporated, C R Bard Incorporated (Quinn, Vivian) |
| Filing 8 Letter of Richard B. North, Jr., dated 9/17/2019 advising he will not representing Defendants in this action. (re #7 Notice of Admission Requirement) (plp) |
| Filing 7 NOTICE of Admission Requirement as to Defendant; Attorney Richard B. North, Jr., Esq., Email address is richard.north@nelsonmullins.com. Phone number is 404-322-6000. Admissions due by 9/26/2019. (plp) |
| Filing 6 NOTICE of Admission Requirement as to Plaintiff; Attorney Ben C. Martin, Esq., Email address is bmartin@martinbaughman.com. Phone number is 214-761-6614. Admissions due by 9/26/2019. (plp) |
| Filing 5 Case transferred in from District of Arizona; Case Number 2:17-cv-01136. electronically transferred when case opened |
| Remark: Case transferred to Northern District of New York 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.] |
| 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. (MAP) [Transferred from Arizona on 9/12/2019.] |
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.]
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| Filing 2 This case has been assigned to the Honorable David G Campbell, with member case number: CV-17-01136-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. (LSP) [Transferred from Arizona on 9/12/2019.] |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-14135119 filed by Paul Phillips. (Attachments: #1 Civil Cover Sheet)(LSP) [Transferred from Arizona on 9/12/2019.] |
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