Fuller v. C R Bard Incorporated et al
Plaintiff: Julie Fuller
Defendant: C R Bard Incorporated and Bard Peripheral Vascular Incorporated
Case Number: 5:2019cv01371
Filed: November 6, 2019
Court: US District Court for the Northern District of New York
Presiding Judge: Therese Wiley Dancks
Referring Judge: David N Hurd
2 Judge: Miroslav Lovric
3 Judge: Glenn T Suddaby
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Both
Docket Report

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

Date Filed Document Text
December 16, 2019 Filing 23 NOTICE of Appearance by Nicholas R. Farnolo on behalf of Julie Fuller (Farnolo, Nicholas)
December 12, 2019 Filing 22 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 3/5/2020 at 11:00 AM at 15 Henry Street, Binghamton NY before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/27/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jdp )
December 11, 2019 Opinion or Order Filing 21 TEXT ORDER REASSIGNING CASE deeming this case related to Doran v. CR Bard Incorporated, et al., Civil Action No. 5:19-CV-1126 (GTS/ML) under Section G.2. of General Order 12, because there exists a similarity of facts and legal issues between the two cases that will likely result in a substantial saving of judicial resources if the cases are assigned to the same district judge and magistrate judge. Additionally, Civil Action No. 5:19-CV-1126 (GTS/ML) shall be deemed the "Lead Case" and this case shall be deemed a "Member Case" and assigned to the undersigned, Chief U.S. District Judge Glenn T. Suddaby, and U.S. Magistrate Judge Miro Lovric. All future filings must be filed in the Lead Action ONLY, 5:19-cv-1126 (GTS/ML). SO ORDERED by Chief Judge Glenn T. Suddaby on 12/11/2019. (sal )
December 9, 2019 Filing 20 ANSWER to Complaint Answer to Plaintiffs' Master Complaint [filed in Arizona MDL, 15-md-02641, transferred from Arizon 11/6/2019, entered 12/17/15] by Bard Peripheral Vascular Incorporated, C R Bard Incorporated.(Rogers, James)
December 4, 2019 Opinion or Order Filing 19 TEXT ORDER: Court has reviewed docket and notes that counsel for plaintiff has failed to file a notice of appearance or a request for admission to this court by the extended deadline of 11/25/2019 as previously directed, nor has counsel made any effort to have local counsel appear on behalf of the plaintiff. Therefore, plaintiff's counsel shall have one final opportunity to file an appearance in this case, or have local counsel file an appearance on behalf of plaintiff, which shall be done by 12/20/2019. Plaintiff's counsel shall also file a status report by 12/20/2019 regarding discovery and whether or not this case has settled. Counsel for plaintiff's failure to file a notice of appearance and status report by 12/20/2019 may result in sanctions including but not limited to dismissal for failure to prosecute or administrative closure of the file. The Clerk is directed to send this text order along with a copy of the docket to plaintiff's counsel via email and regular mail at the respective addresses noted at Dkt. No. 1 at p.5. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/4/2019. (copy of this text order and case docket served on plaintiff's counsel as directed.)(sg )
December 4, 2019 Opinion or Order Filing 18 TEXT ORDER : Court has reviewed status report submitted by defendants. (Dkt. No. #17 .) The "master answer" was not provided by the MDL when the matter was transferred to this court. Therefore, defendants shall file the "master answer" as a separate docket entry by 12/9/2019. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/4/2019. (copy of this text order served on plaintiff's counsel via email)(sg)
December 2, 2019 Filing 17 STATUS REPORT by Bard Peripheral Vascular Incorporated, C R Bard Incorporated. (Attachments: #1 Attachment - Defendants' Answer to Master Complaint (Dkt. 366), #2 Certificate of Service)(Rogers, James)
November 20, 2019 Opinion or Order Filing 16 TEXT ORDER: Court sua sponte extends deadline for plaintiff to file appearance in the case to 11/25/2019. Court further directs Plaintiff to file a status report by 11/26/2019 re: the status of this case, including whether or not this case has settled. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/20/2019. (copy of this text order served on plaintiff's counsel via email.)(sg)
November 19, 2019 Filing 15 NOTICE of Appearance by James F. Rogers on behalf of Bard Peripheral Vascular Incorporated, C R Bard Incorporated (Rogers, James)
November 18, 2019 ***Answer due date updated for All Defendants: Answer due 12/2/2019. (sg)
November 14, 2019 Opinion or Order Filing 13 TEXT ORDER granting #12 Motion for Limited Admission Pro Hac Vice of James Rogers, Esq. for Defendants. 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. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/14/2019. (sg )
November 12, 2019 Filing 14 LETTER dated 11/6/19 from Attorney Richard B. North, Jr. as to #6 - Notice of Admission Requirement. That he will not be continuing his appearance on behalf of defendants. {With envelope attached}. (kmp)
November 12, 2019 Filing 12 MOTION for Limited Admission Pro Hac Vice of James F. Rogers Filing fee $100, receipt number ANYNDC-4940012. filed by Bard Peripheral Vascular Incorporated, C R Bard Incorporated. (Attachments: #1 Declaration of Vivian M. Quinn in Support, #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 Therese Wiley Dancks. (Quinn, Vivian)
November 8, 2019 Filing 11 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)
November 8, 2019 Filing 10 NOTICE of Appearance by Vivian M. Quinn on behalf of Bard Peripheral Vascular Incorporated, C R Bard Incorporated (Attachments: #1 Certificate of Service)(Quinn, Vivian)
November 8, 2019 Filing 9 NOTICE of Appearance by Tracey B. Scarpello on behalf of Bard Peripheral Vascular Incorporated, C R Bard Incorporated (Attachments: #1 Certificate of Service)(Scarpello, Tracey)
November 7, 2019 Filing 8 Letter dated 11/6/2019 from Richard B. North, Jr., Esq. advising he will not be representing defts in this action. (re: #6 Notice of Admission Requirement). Appearances will be made by Nixon Peabody LLP and by another attorney who will be filing a motion for Pro Hac Vice admission. (plp)
November 6, 2019 Filing 7 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 1/14/2020 10:00 AM in Syracuse before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/7/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (plp)
November 6, 2019 Filing 6 NOTICE of Admission Requirement as to Defendants; Attorney Richard B. North, Jr., Esq., Email address is richard.north@nelsonmullins.com. Phone number is 404-322-6000. Admissions due by 11/20/2019. (plp) [served via e-mail to the e-mail addresses listed in entries 5 & 6] (plp)
November 6, 2019 Filing 5 NOTICE of Admission Requirement as to Plaintiff; Attorney Robert L. Kinsman, Esq. Email address is robert@krauseandkinsman.com. Phone number is 816-760-2700. Admissions due by 11/20/2019. (plp) [served via e-mail to the e-mail addresses listed in entries 5 & 6] (plp)
November 6, 2019 Filing 4 Case transferred in from District of Arizona; Case Number 2:18-cv-01414. electronically transferred when case opened
October 22, 2019 Remark: Case transferred to the 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 11/6/2019.]
October 17, 2019 Opinion or Order Filing 3 SUGGESTION OF REMAND AND TRANSFER ORDER (SECOND). (See document for details). Signed by Senior Judge David G Campbell on 10/17/19. (SLQ) [Transferred from Arizona on 11/6/2019.]
May 8, 2018 Filing 2 This case has been assigned to the Honorable David G. Campbell, with member case number: CV-18-1414-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 11/6/2019.]
May 8, 2018 Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-15474959 filed by Julie Fuller. (Attachments: #1 Civil Cover Sheet)(MAP) [Transferred from Arizona on 11/6/2019.]

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Plaintiff: Julie Fuller
Represented By: Nicholas R. Farnolo
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Defendant: C R Bard Incorporated
Represented By: Vivian M. Quinn
Represented By: James F. Rogers
Represented By: Tracey B. Scarpello
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Defendant: Bard Peripheral Vascular Incorporated
Represented By: Vivian M. Quinn
Represented By: James F. Rogers
Represented By: Tracey B. Scarpello
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