Arruda v. C. R. Bard, Inc.
Plaintiff: Eunice Arruda
Defendant: C. R. Bard, Inc.
Case Number: 6:2019cv01523
Filed: December 10, 2019
Court: US District Court for the Northern District of New York
Presiding Judge: Andrew T Baxter
Referring Judge: Thomas J McAvoy
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 6, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 7, 2020 TEXT NOTICE of Hearing: A Telephone Conference is set for 2/13/2020 at 03:00 PM 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)
February 4, 2020 Filing 49 TEXT ORDER: granting #47 and #48 Motions for Limited Admission Pro Hac Vice. Attorneys Merritt E. Cunningham and Michael G. Stag are hereby admitted to practice in this action on behalf of Eunice Arruda. Counsel are 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 are 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 2/4/2020. (nmk)
January 30, 2020 Filing 48 MOTION for Limited Admission Pro Hac Vice of Michael G. Stag Filing fee $100, receipt number ANYNDC-5015658. filed by Eunice Arruda. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s)) Motions referred to Andrew T. Baxter. (Alexander, James)
January 30, 2020 Filing 47 MOTION for Limited Admission Pro Hac Vice of Merritt E. Cunningham Filing fee $100, receipt number ANYNDC-5015640. filed by Eunice Arruda. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s)) Motions referred to Andrew T. Baxter. (Alexander, James)
January 30, 2020 Filing 46 NOTICE of Appearance by James L. Alexander on behalf of All Plaintiffs (Alexander, James)
January 24, 2020 COURT TEXT NOTICE to counsel: Any motions that were pending at the time the case was transferred to the Northern District of New York need to be re-noticed before the appropriate Judge in this District. Please refer to the Court's website for further information. (amt)
January 17, 2020 Filing 45 NOTICE of Appearance by Melissa A. Geist on behalf of C. R. Bard, Inc. (Geist, Melissa)
January 14, 2020 Filing 44 TEXT ORDER: granting #43 Motion for Limited Admission Pro Hac Vice. Attorney Melissa A. Geist is hereby admitted to practice in this action on behalf of C. R. Bard, Inc. 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 1/14/2020. (nmk)
January 8, 2020 Filing 43 MOTION for Limited Admission Pro Hac Vice of Melissa A. Geist Filing fee $100, receipt number ANYNDC-4993324. filed by C. R. Bard, Inc.. Motions referred to Andrew T. Baxter. (Lopez, Julia)
January 6, 2020 Filing 42 NOTICE by C. R. Bard, Inc. re #37 Notice of Admission Requirement, #39 Notice of Admission Requirement (Notice of Withdrawal of Richard B. North, Esq. and Marc Williams, Esq.) (Lopez, Julia)
January 6, 2020 Filing 41 NOTICE of Appearance by Julia A. Lopez on behalf of C. R. Bard, Inc. (Lopez, Julia)
December 20, 2019 Filing 40 Letter from Attorney Merritt E. Cunningham re: #35 & #36 Admission requirement letters. Atty Cunningham states he will remain as counsel for Pltf and file the appropriate admission documents. Atty also states his firm name has changed as stated within. (sfp, )
December 10, 2019 Filing 39 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 12/24/2019. (plp)
December 10, 2019 Filing 38 NOTICE of Admission Requirement as to Defendant; Attorney Melissa A. Geist, Esq., Email address is mgeist@reedsmith.com. Phone number is 609-987-0050. Admissions due by 12/24/2019. (plp)
December 10, 2019 Filing 37 NOTICE of Admission Requirement as to Defendant; Attorney Marc E. Williams, Esq., Email address is marc.williams@nelsonmullins.com. Phone number is 304-526-3500. Admissions due by 12/24/2019. (plp)
December 10, 2019 Filing 36 NOTICE of Admission Requirement as to Plaintiff; Attorney Michael G.Stag, Esq., Email address is mstag@stagliuzza.com. Phone number is 504-593-9600. Admissions due by 12/24/2019. (plp)
December 10, 2019 Filing 35 NOTICE of Admission Requirement as to Plaintiff; Attorney Merritt E. Cunningham, Esq., Email address is mcunningham@stagliuzza.com. Phone number is 504-593-9600. Admissions due by 12/24/2019. (plp)
December 10, 2019 Filing 34 NOTICE of Admission Requirement as to Plaintiff; Attorney David L. Lowans, Esq., Email address is dlowans@lawcousa.com. Phone number is 202-882-0700. Admissions due by 12/24/2019. (plp)
December 10, 2019 Filing 33 Case transferred in from District of West Virginia Southern; Case Number 2:12-cv-08880. electronically transferred when case opened
October 9, 2019 Filing 32 JOINT DESIGNATION OF THE CONTENTS OF THE RECORD for MDL transfers re: 2:10-md-02187 - C. R. Bard, Inc. (Geist, Melissa) [Transferred from West Virginia Southern on 12/10/2019.]
September 26, 2019 Opinion or Order Filing 31 TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 10/10/2019 the cases identified on Exhibit A that are still pending shall be transferred to the United States District Courts identified on Exhibit A pursuant to 28 U.S.C. 1404(a); on or before 10/9/2019 the parties are DIRECTED to confer and to file in each pending individual member case identified in Exhibit A, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the Clerk is DIRECTED to use the appropriate function in CM/ECF to extract each member case listed on Exhibit A that remains pending and transfer it to the corresponding United States District Court listed on Exhibit A; after transfer of each member case listed in Exhibit A that is not dismissed prior to the Transfer Date, the Clerk is DIRECTED to formally close the case and strike it from the docket of this court. Signed by Judge Joseph R. Goodwin on 9/26/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2187; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 12/10/2019.]
June 3, 2019 Filing 30 REPLY by C. R. Bard, Inc. to #26 Memorandum In Opposition. (Attachment: #1Exhibit A)(Geist, Melissa) [Transferred from West Virginia Southern on 12/10/2019.]
June 3, 2019 Filing 29 REPLY by C. R. Bard, Inc. to #27 Memorandum In Opposition. (Geist, Melissa) [Transferred from West Virginia Southern on 12/10/2019.]
May 28, 2019 Filing 28 MEMORANDUM OF LAW by C. R. Bard, Inc. in opposition to #24 MOTION by Eunice Arruda to Exclude Opinions of Dr. Stephanie Molden, M.D., FACOG. (Attachments: #1 Exhibit A, #2 Exhibit B)(Geist, Melissa) [Transferred from West Virginia Southern on 12/10/2019.]
May 27, 2019 Filing 27 MEMORANDUM by Eunice Arruda in opposition to #21 MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony of Dr. Donald R. Ostergard, M.D. (Attachment: #1 Exhibit A)(Cunningham, Merritt) [Transferred from West Virginia Southern on 12/10/2019.]
May 27, 2019 Filing 26 MEMORANDUM by Eunice Arruda in opposition to #19 MOTION by C. R. Bard, Inc. for Summary Judgment. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G pt 1, #8 Exhibit G pt 2, #9 Exhibit G pt 3)(Cunningham, Merritt) [Transferred from West Virginia Southern on 12/10/2019.]
May 13, 2019 Filing 25 MEMORANDUM OF LAW by Eunice Arruda in support of #24 MOTION by Eunice Arruda to Exclude Opinions of Dr. Stephanie Molden, M.D., FACOG. (Cunningham, Merritt) [Transferred from West Virginia Southern on 12/10/2019.]
May 13, 2019 Filing 24 MOTION by Eunice Arruda to Exclude the Opinions of Dr. Stephanie Molden, M.D., FACOG. (Attachments: #1 Exhibit A, #2 Exhibit B)(Cunningham, Merritt) [Transferred from West Virginia Southern on 12/10/2019.]
May 13, 2019 Filing 23 EXHIBITS by C. R. Bard, Inc. in support of #21 MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony of Dr. Donald R. Ostergard, M.D. (Geist, Melissa) [Transferred from West Virginia Southern on 12/10/2019.]
May 13, 2019 Filing 22 MEMORANDUM OF LAW by C. R. Bard, Inc. in support of #21 MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony of Dr. Donald R. Ostergard, M.D. (Geist, Melissa) [Transferred from West Virginia Southern on 12/10/2019.]
May 13, 2019 Filing 21 MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony of Dr. Donald R. Ostergard, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B)(Geist, Melissa) [Transferred from West Virginia Southern on 12/10/2019.]
May 13, 2019 Filing 20 MEMORANDUM OF LAW by C. R. Bard, Inc. in support of #19 MOTION by C. R. Bard, Inc. for Summary Judgment. (Geist, Melissa) [Transferred from West Virginia Southern on 12/10/2019.]
May 13, 2019 Filing 19 MOTION by C. R. Bard, Inc. for Summary Judgment. (Attachments: #1 Exhibit A, #2 Exhibit B)(Geist, Melissa) [Transferred from West Virginia Southern on 12/10/2019.]
April 25, 2019 Filing 18 AMENDED NOTICE OF VIDEOTAPED DEPOSITION by Eunice Arruda of DR. STEPHANIE MOLDEN on April 26, 2019 at 10:00 a.m. EDT (Cunningham, Merritt) [Transferred from West Virginia Southern on 12/10/2019.]
April 22, 2019 Filing 17 NOTICE OF VIDEOTAPED DEPOSITION DUCES TECUM by Eunice Arruda of Dr. Stephanie Molden on 4/26/2019 at 10:00 a.m. (Cunningham, Merritt) (Modified on 4/30/2019 to convert event to notice to take or amend deposition) (ts). [Transferred from West Virginia Southern on 12/10/2019.]
February 22, 2019 Filing 16 CERTIFICATE OF SERVICE by Eunice Arruda for Designation and Disclosure of Expert Witnesses. (Cunningham, Merritt) [Transferred from West Virginia Southern on 12/10/2019.]
January 17, 2019 Filing 15 CERTIFICATE OF SERVICE by Eunice Arruda for Responses to Defendant's First Interrogatories and Requests for Production. (Cunningham, Merritt) [Transferred from West Virginia Southern on 12/10/2019.]
December 21, 2018 Filing 14 CERTIFICATE OF SERVICE by Eunice Arruda for Interrogatories, Requests for Production and Requests for Admissions. (Cunningham, Merritt) [Transferred from West Virginia Southern on 12/10/2019.]
November 15, 2018 Filing 13 PLAINTIFF FACT SHEET filed by Eunice Arruda. (Cunningham, Merritt) [Transferred from West Virginia Southern on 12/10/2019.]
October 31, 2018 Opinion or Order Filing 12 PRETRIAL ORDER # 297 (Docket Control Order - C. R. Bard Wave 8 Cases) The cases on Exhibits A are: 1.) removed from the pending inactive docket; and 2.) placed on the active docket. As to the cases on Exhibits A and B: 1.) The cases are no longer eligible for return to the inactive docket nor may notices of settlement be filed to relieve the parties from scheduling deadlines; 2.) To the extent other defendants, in addition to C. R. Bard and Sofradim Production SAS, Tissue Science Laboratories and Covidien entities, are named in the cases on Exhibits A and B, the deadlines below also apply to them; 3.) The Clerk will file this Docket Control Order in the main MDL and, as of the time of that filing in the main MDL, every case listed on Exhibits A and B becomes subject to the deadlines in this Docket Control Order; and 4.) The following deadlines immediately apply in all Wave 8 cases with one important exception. If any of the cases on any exhibit were previously on a docket control order and dispositive and Daubert deadlines had passed before such cases became inactive, the parties may not file or refile dispositive or Daubert motions without first seeking leave of court for good cause shown. A. SCHEDULING DEADLINES. The following deadlines shall apply in all Bard Wave 8 cases: Plaintiff Fact Sheets due 11/15/2018; Defendant Fact Sheets due 11/22/2018; Deadline for written discovery requests due 12/21/2018; Expert disclosures served by plaintiffs due 02/22/2019; Expert disclosure served by defendants due 03/22/2019; Expert disclosure served for rebuttal due 03/29/2019; Deposition deadline and close of discovery due 04/29/2019; Filing of dispositive motions due 05/13/2019; Response to dispositive motions due 05/27/2019; Reply to response to dispositive motions due 06/03/2019; Filing of Daubert motions due 05/13/2019; Responses to Daubert motions due 05/27/2019; Reply to response to Daubert motions due 06/03/2019. B. MOTION PRACTICE. 3.) Confidential Documents. Any consolidated motion to seal is due on or before 03/25/2019, and any response is due by 04/9/2019. Any reply is due by 04/15/2019. The court expects full compliance with Local Civil Rule 26.4(c). C. CASES READY FOR TRANSFER, REMAND OR TRIAL 1.) Venue Recommendations. By no later than 04/06/2019, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties are ORDERED to submit joint venue recommendations to the court by 04/13/2019. Signed by Judge Joseph R. Goodwin on 10/31/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2187; Bard Wave 8 cases identified on Exhibits A and B) (kp) (ADI) [Transferred from West Virginia Southern on 12/10/2019.]
August 15, 2018 Opinion or Order Filing 11 ORDER The deadline to submit joint motions of dismissal is extended to 10/31/2018 for all cases in MDL 2187 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2187 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 8/15/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2187; Cases on inactive docket) (kp) (ADI) [Transferred from West Virginia Southern on 12/10/2019.]
April 26, 2018 Opinion or Order Filing 10 ORDER (CHANGE TO CHARACTERIZATION BY CLERK'S OFFICE OF CASES ON INACTIVE DOCKET) It is directed that in all cases with an inactive docket order which resulted in "Closed" and "MDL Bard Inactive" flags on the docket sheet, the Clerk is directed to update the docket by removing the "Closed" flag from the docket sheet and leaving the "MDL Bard Inactive" flag, for reasons set forth herein. Signed by Judge Joseph R. Goodwin on 4/26/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2187; Member Cases Flagged "Closed" and "MDL Bard Inactive") (klc) (ADI) [Transferred from West Virginia Southern on 12/10/2019.]
March 20, 2018 Opinion or Order Filing 9 ORDER The deadline to submit joint motions of dismissal is extended to 8/31/2018 for all cases in MDL 2187 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2187 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 3/16/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2187; Cases on inactive docket) (kab) [Transferred from West Virginia Southern on 12/10/2019.]
October 19, 2017 Opinion or Order Filing 8 ORDER The deadline to submit joint motions of dismissal is extended to 3/31/2018 for all cases in MDL 2187 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2187 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 10/19/2017. (cc: counsel of record; any unrepresented party) (REF: MDL 2187; Cases on inactive docket) (st) [Transferred from West Virginia Southern on 12/10/2019.]
June 26, 2017 Opinion or Order Filing 7 INACTIVE DOCKET ORDER: The court has been advised that the plaintiff(s) and C. R. Bard have reached a settlement with regard to Bard. All discovery deadlines are continued until further order of the court. The Clerk is directed to retire this case from the active docket. Plaintiff(s) and Bard may submit an agreed order of dismissal with prejudice on or before 10/31/2017; if settlements are not finalized and dismissal orders are not submitted by then the Court will have a hearing to determine the appropriate action pertaining to any remaining cases on the inactive docket. Counsel for plaintiffs and defendant(s) are directed to provide quarterly reports as to their progress in dismissing cases on the inactive docket. The court will reinstate the case to the active docket if one of the parties shows good cause for such reinstatement. This Order is related to the Proposed Inactive Docket Order filed at ECF No. 3933 in MDL Case No. 2187 Bard. Signed by Judge Joseph R. Goodwin on 6/26/2017. (cc: attys; any unrepresented party) (kp) [Transferred from West Virginia Southern on 12/10/2019.]
June 8, 2017 Filing 6 PLAINTIFF PROFILE FORM filed by Eunice Arruda. (Cunningham, Merritt) [Transferred from West Virginia Southern on 12/10/2019.]
February 1, 2013 Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Marc E. Williams on behalf of C. R. Bard, Inc.. (Williams, Marc) [Transferred from West Virginia Southern on 12/10/2019.]
January 31, 2013 Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Richard B. North, Jr on behalf of C. R. Bard, Inc.. (North, Richard) [Transferred from West Virginia Southern on 12/10/2019.]
January 3, 2013 Filing 3 WAIVER OF SERVICE EXECUTED. Waiver signed by Richard B. North, Jr. on 1/2/13. C. R. Bard, Inc. waiver mailed on 12/21/2012, answer due 2/19/2013. (North, Richard) [Transferred from West Virginia Southern on 12/10/2019.]
December 13, 2012 Filing 2 TRANSMITTED PRETRIAL ORDER #61 (Agreed Order Regarding Severance of Actions) entered on 12/12/2012 in MDL 2187 to attorneys in member case. (Attachments: #1 Exhibit A, #2 Exhibit B) (jap) [Transferred from West Virginia Southern on 12/10/2019.]
December 11, 2012 Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2123725. (Attachment: #1 Civil Cover Sheet) (jap) [Transferred from West Virginia Southern on 12/10/2019.]

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Defendant: C. R. Bard, Inc.
Represented By: Julia A. Lopez
Represented By: Melissa A. Geist
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Plaintiff: Eunice Arruda
Represented By: James L. Alexander
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