Spencer v. C R Bard Incorporated et al
| Marie Spencer |
| C R Bard Incorporated and Bard Peripheral Vascular Incorporated |
| 1:2020cv08019 |
| September 29, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Paul A Engelmayer |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 pl |
| Plaintiff |
Docket Report
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| Filing 16 CIVIL CASE MANAGEMENT PLAN AND SCHEDULE: Plaintiff's deposition Completed by: March 31, 2021. Depositions of Plaintiff's fact witnesses, including implanting doctor, explanting doctor and other health care providers Completed by: May 31, 2021 Depositions of Defendants' corporate representatives on Case-Specific Issues Only Completed by: June 30, 2021 Depositions of Plaintiff's Case-Specific Experts on Case-Specific Reports Completed by: October 29, 2021 Depositions of Defendant's Case-Specific Experts on Case-Specific Reports due by 11/30/2021. Depositions of Defendants Case-Specific Experts on Case-Specific Reports. Granted. A Case Management Conference is set for 01/05/2022 at 02:00 PM. Case Management Conference set for 1/5/2022 at 02:00 PM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 10/16/2020) (jwh) Modified on 10/27/2020 (jwh). |
| Filing 15 PROPOSED CASE MANAGEMENT PLAN. Document filed by Bard Peripheral Vascular Incorporated, C R Bard Incorporated..(Banez, Marissa) |
| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Telephone Conference held on 10/14/2020. (ajs) |
Filing 14
ORDER FOR ADMISSION PRO HAC VICE granting #13 Motion for Kristi Wood to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hae Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/14/2020) (kv)
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| Filing 13 MOTION for Kristi Wood to Appear Pro Hac Vice Kristi Wood. Filing fee $ 200.00, receipt number ANYSDC-22127360. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Marie Spencer. (Attachments: #1 Affidavit Exhibit A, #2 Text of Proposed Order Proposed Order).(Baughman, Laura) |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Kristi Wood to Appear Pro Hac Vice Kristi Wood. Filing fee $ 200.00, receipt number ANYSDC-22126228. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Marie Spencer. (Attachments: #1 Exhibit Exhibit A).(Baughman, Laura) Modified on 10/14/2020 (bcu). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #12 MOTION for Kristi Wood to Appear Pro Hac Vice Kristi Wood. Filing fee $ 200.00, receipt number ANYSDC-22126228. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas; missing Proposed Order;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Kristi Wood to Appear Pro Hac Vice Kristi Wood. Filing fee $ 200.00, receipt number ANYSDC-22127360. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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Filing 11
NOTICE OF TELEPHONE CONFERENCE: The Court thanks counsel for their status report, see Dkt. 10. The Court wishes to hold a telephonic case-management conference with counsel to discuss the proposed scheduling order. A telephone conference is hereby scheduled for October 14, 2020 at 3 p.m. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound(#) key. Counsel are directed to review the Court's Emergency Individual Rules and Practices in Light of COVID-19, found at https://nysd.uscourts.gov/honpaul-engelmayer, for the Court's procedures for telephonic conferences and for instructions for communicating with chambers. All conferences with the Court are scheduled for a specific time; there is no other matter scheduled for that time, and counsel arc directed to appear promptly. (Telephone Conference set for 10/14/2020 at 03:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 10/8/2020) (jwh)
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| Filing 10 STATUS REPORT. - Joint Status Report Document filed by Bard Peripheral Vascular Incorporated, C R Bard Incorporated. (Attachments: #1 Text of Proposed Order Proposed Scheduling Order).(Banez, Marissa) |
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Filing 9
STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned and pursuant to Local Civil Rule 1.4, that the law firm of Greenberg Traurig, LLP is hereby substituted in place of the law firm of Nelson Mullins Riley & Scarborough LLC ("Nelson Mullins") as counsel of record for Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc., (collectively, "Defendants") in this action. Pursuant to Local Civil Rule 1.4, a supporting declaration is attached hereto. PLEASE TAKE NOTICE that all pleadings, notices of hearings, and other filings in this matter should be served upon the following incoming counsel: Marissa Banez, Esq. MetLife Building Greenberg Traurig, LLP 200 Park Avenue New York, New York 10166 Telephone: 212-801-9200 Facsimile: 212-801-6400 banezm@gtlaw.com. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/30/2020) Attorney Richard B North, Jr terminated. (ks)
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| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent C.R. Bard, Inc. for Bard Peripheral Vascular Incorporated. Document filed by Bard Peripheral Vascular Incorporated, C R Bard Incorporated..(Banez, Marissa) |
| Filing 7 NOTICE OF APPEARANCE by Marissa Banez on behalf of Bard Peripheral Vascular Incorporated, C R Bard Incorporated..(Banez, Marissa) |
| Filing 6 PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Bard Peripheral Vascular Incorporated, C R Bard Incorporated..(Banez, Marissa) |
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Filing 5
ORDER: This lawsuit was transferred back to the Court's docket today by the United States District Court overseeing the multi-district litigation of which this case was a part. The Court's intention is now to move this case forward with expedition. The Court directs counsel to meet and confer and, by October 7, 2020, to submit a joint letter identifying the anticipated future course of this litigation, including any outstanding areas of discovery, and attaching a proposed case management plan. Upon review of counsel's submission, the Court will convene a telephonic case management conference. (Signed by Judge Paul A. Engelmayer on 9/29/2020) (jwh)
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| Filing 4 CASE TRANSFERRED IN from the United States District Court - District of Arizona; Case Number: 2:19-cv-04053. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions. (sjo) |
| Remark: Transferring Case to the Southern District of New York via electronic transfer. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 9/29/2020.] |
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Filing 3
TRANSFER ORDER (FOURTH). That pursuant to 28 U.S.C. 1404(a), the Clerk of this District is directed to transfer the cases listed on Schedule A to appropriate districts for further proceedings. See Order for Complete Details. Signed by Senior Judge David G Campbell on 9/10/20. (MAP) [Transferred from Arizona on 9/29/2020.]
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| Filing 2 This case has been assigned to the Honorable David G. Campbell, with member case number: CV-19-4053-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 9/29/2020.] |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-16981125 filed by Marie Spencer. (Attachments: #1 Civil Cover Sheet)(MAP) [Transferred from Arizona on 9/29/2020.] |
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