Fernandez v. C R Bard Incorporated et al
| Alexander Fernandez |
| C R Bard Incorporated and Bard Peripheral Vascular Incorporated |
| 1:2020cv00708 |
| June 12, 2020 |
| US District Court for the Western District of New York |
| Jeremiah J McCarthy |
| John L Sinatra |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 34 TEXT ORDER: The motion of Samuel M. Wendt, Esq. to waive the local counsel requirement of L.R. Civ. P. 83.2(a)(1), and permit the withdrawal of local counsel Brian Goldstein, Esq. #33 is granted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 07/22/2020. (MDY) -CLERK TO FOLLOW UP- |
| Filing 33 MOTION to Withdraw as Attorney by Alexander Fernandez. (Attachments: #1 Text of Proposed Order)(Wendt, Samuel) |
| Filing 32 NOTICE of Appearance by Stephen L. Saxl on behalf of Bard Peripheral Vascular Incorporated, C R Bard Incorporated (Saxl, Stephen) |
| Filing 31 TEXT ORDER: as agreed by the parties during today's conference, a further telephonic scheduling conference will be held on September 11, 2020 at 2:00 p.m. to finalize case management order deadlines. The court will thereafter issue a case management order. To access the teleconference, the parties shall dial 888-808-6929 and enter access code 1533000#. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 7/15/2020. (JD) |
| Filing 30 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: telephonic status conference held on 7/15/2020. The parties update the court on the status of settlement discussions for this and other, related cases. The parties agree to defer entry of a case management order until after the next scheduled mediation session. The court sets a scheduling conference for September 11, 2020 at 2:00 p.m. to finalize case management order deadlines. Text order to follow. APPEARANCES: S. Wendt for plaintiff. J. Rogers, V. Quinn, and S. Specter for defendants. (AT&T) (JD) |
| Filing 29 TEXT ORDER: The motion for Samuel M. Wendt, Esq. for pro hac vice admission #28 is granted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 7/09/20. (MDY)-CLERK TO FOLLOW UP- |
| TEXT ORDER: The July 15, 2020 status conference is rescheduled from 10:00 a.m. to 10:30 a.m. SO ORDERED. Issued by the Hon. Jeremiah J. McCarthy. (MDY) |
| Verified admission to the Missouri State Bar for Attorney Samuel Mason Wendt. (MD) |
| Filing 28 MOTION to appear pro hac vice RE: SAMUEL M. WENDT, ESQ. ( Filing fee $ 200 receipt number 0209-3889920.) by Alexander Fernandez. (Attachments: #1 Motion for Admission Pro Hac Vice of Samuel M. Wendt, Esq., #2 Affidavit Sponsoring Affidavit, #3 Application of Samuel M. Wendt to be Admitted to Practice as an Attorney, #4 Attorney Database & Electric Filing Registration Form, #5 Attorney's Oath, #6 Appendix Appendix to Civility Principles Oath of Office, #7 Appearance of Brian A. Goldstein, #8 Certificate of Service)(Goldstein, Brian) |
| Filing 27 TEXT ORDER: The motions of James F. Rogers, Esq. and Joseph E. Fornadel, III, Esq. for pro hac vice admission [24, 25] are granted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/29/2020. (DAZ) |
| Filing 26 TEXT ORDER: A telephonic status conference is scheduled for July 15, 2020 at 10:00 a.m. The parties shall access the conference by dialing (888) 808-6929 and entering access code 1533000# sufficiently in advance of the conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/29/2020. (A copy of this order has been e-mailed to plaintiff's counsel at sam@wendtlaw.com). (DAZ) |
| Verified admission to the South Carolina State Bar for Attorney Joseph Edward Fornadel. (MD) |
| Verified admission to the South Carolina State Bar for Attorney James F. Rogers. (MD) |
| Filing 25 MOTION to appear pro hac vice of Joseph E. Fornadel III ( Filing fee $ 200 receipt number 0209-3881484.) by Bard Peripheral Vascular Incorporated, C R Bard Incorporated. (Attachments: #1 Affidavit Sponsoring Affidavit of Vivian M. Quinn, Esq., #2 Admission by Petition, #3 Attorney's Oath, #4 Civility Principles and Guidelines, #5 Attorney Database and Electronic Case Filing System Registration Form, #6 Certificate of Good Standing, #7 Certificate of Service)(Quinn, Vivian) |
| Filing 24 MOTION to appear pro hac vice of James F. Rogers, Esq. ( Filing fee $ 200 receipt number 0209-3881431.) by Bard Peripheral Vascular Incorporated, C R Bard Incorporated. (Attachments: #1 Affidavit Sponsoring Affidavit of Vivian M. Quinn, Esq., #2 Admission by Petition, #3 Attorney's Oath, #4 Civility Principles and Guidelines, #5 Attorney Database and Electronic Case Filing System Registration Form, #6 Certificate of Good Standing, #7 Certificate of Service)(Quinn, Vivian) |
| Filing 23 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 22 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) |
| Filing 21 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) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (CGJ) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ) |
| Filing 20 TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Jeremiah J. McCarthy for all pretrial matters, excluding dispositive motions. See 28 U.S.C. 636(b)(1)(A); Fed. R. Civ. P. 72(a). The parties are encouraged to consider consenting to Magistrate Judge jurisdiction pursuant to 28 U.S.C. 636(c). Consent forms are available from Magistrate Judge McCarthy or the Clerk of Court. IT IS SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 6/15/2020. (KLH) Modified on 6/15/2020 to correct from dispositive to non-dispositive referral. (KLH) |
| E-Filing Notification re 20 TEXT ORDER REFERRING CASE to Magistrate Judge McCarthy: Referral order has been modified on 6/15/2020 to correctly reflect that it is a non-dispositive referral. (KLH) |
| Filing 19 Case transferred in from District of Florida Middle; Case Number 3:20-cv-00590. |
Filing 18
ORDER with directions to the Clerk to open civil cases. Signed by Judge Timothy J. Corrigan on June 11, 2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (originally filed in case 3:20-mc-8-J-32) (SMS) [Transferred from flmd on 6/12/2020.]
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| Filing 17 JOINT STATEMENT regarding venue and division (originally filed in case 3:20-mc-8-J-32) (SMS) [Transferred from flmd on 6/12/2020.] |
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Filing 16
ORDER directing the parties to confer and file one joint statement per case regarding venue, including the specific divisions, no later than May 18, 2020. Defendant's counsel is responsible to ensure that the responses are docketed in CM/ECF in this miscellaneous case as directed. See order for further detail. Signed by Judge Timothy J. Corrigan on April 20, 2020. (Attachments: #1 Exhibit A - Suggestion of Remand and Transfer Order, #2 Exhibit B - List of Cases) (SMS) [Transferred from flmd on 6/12/2020.]
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| Filing 15 EXHIBIT to pertinent filings from MDL docket, Orders on Motions in Limine (Attachments: #1 Doc 9775, #2 Doc 9861, #3 Doc 9881, #4 Doc 10075, #5 Doc 10235, #6 Doc 10258, #7 Doc 10382, #8 Doc 10489, #9 Doc 10819, #10 Doc 10920, #11 Doc 10947, #12 Doc 11041, #13 Doc 11082, #14 Doc 11256, #15 Doc 12507, #16 Doc 12533, #17 Doc 17285, #18 Doc 17401) (SMS) [Transferred from flmd on 6/12/2020.] |
| Filing 14 EXHIBIT to pertinent filings from MDL docket, Orders on Discovery and Privilege (Attachments: #1 Doc 314, #2 Doc 699, #3 Doc 2813, #4 Doc 4865, #5 Doc 6799, #6 Doc 8113, #7 Doc 8315) (SMS) [Transferred from flmd on 6/12/2020.] |
| Filing 13 EXHIBIT to pertinent filings from MDL docket, Orders on Deposition Designation (Attachments: #1 Doc 10348, #2 Doc 10403, #3 Doc 10438, #4 Doc 10486, #5 Doc 10497, #6 Doc 10524, #7 Doc 10922, #8 Doc 11064, #9 Doc 11073, #10 Doc 11080, #11 Doc 11313, #12 Doc 12357, #13 Doc 12508, #14 Doc 12590, #15 Doc 12595, #16 Doc 12598, #17 Doc 17386, #18 Doc 17513, #19 Doc 17582) (SMS) [Transferred from flmd on 6/12/2020.] |
| Filing 12 EXHIBIT to pertinent filings from MDL docket, Miscellaneous Orders (Attachments: #1 Doc 269, #2 Doc 8872, #3 Doc 8874, #4 Doc 10404, #5 Doc 10587, #6 Doc 11321, #7 Doc 11659, #8 Doc 11871, #9 Doc 12007, #10 Doc 12061, #11 Doc 12202, #12 Doc 12589, #13 Doc 12593, #14 Doc 12853, #15 Doc 12971, #16 Doc 17008, #17 Doc 18038) (SMS) [Transferred from flmd on 6/12/2020.] |
| Filing 11 EXHIBIT to pertinent filings from MDL docket, Master and Short Form Pleadings (Attachments: #1 Doc 249, #2 Doc 303-2, #3 Doc 363, #4 Doc 364, #5 Doc 365, #6 Doc 366, #7 Doc 927, #8 Doc 1108, #9 Doc 1153-1, #10 Doc 1153-2, #11 Doc 1485) (SMS) [Transferred from flmd on 6/12/2020.] |
| Filing 10 EXHIBIT to pertinent filings from MDL docket, Discovery Orders (Attachments: #1 Doc 249, #2 Doc 519, #3 Doc 1259, #4 Doc 1319, #5 Doc 1663, #6 Doc 2238, #7 Doc 2239, #8 Doc 3214, #9 Doc 3272, #10 Doc 3312, #11 Doc 3313, #12 Doc 3314, #13 Doc 3372, #14 Doc 3398, #15 Doc 3685, #16 Doc 4015, #17 Doc 4311, #18 Doc 4335, #19 Doc 4339, #20 Doc 4865, #21 Doc 4866, #22 Doc 5770, #23 Doc 5881, #24 Doc 5883, #25 Doc 6227, #26 Doc 6799) (SMS) [Transferred from flmd on 6/12/2020.] |
| Filing 9 EXHIBIT to pertinent filings from MDL docket, Daubert Orders (Attachments: #1 Doc 9428, #2 Doc 9432, #3 Doc 9433, #4 Doc 9434, #5 Doc 9770, #6 Doc 9771, #7 Doc 9772, #8 Doc 9773, #9 Doc 9991, #10 Doc 10051, #11 Doc 10052, #12 Doc 10072, #13 Doc 10230, #14 Doc 10231, #15 Doc 16992, #16 Doc 17285) (SMS) [Transferred from flmd on 6/12/2020.] |
| Filing 8 EXHIBIT to pertinent filings from MDL docket, Case Management Orders (Attachments: #1 Doc 248, #2 Doc 249, #3 Doc 314, #4 Doc 363, #5 Doc 365, #6 Doc 372, #7 Doc 401, #8 Doc 519, #9 Doc 927, #10 Doc 1108, #11 Doc 1259, #12 Doc 1319, #13 Doc 1485, #14 Doc 1662, #15 Doc 1663, #16 Doc 2238, #17 Doc 2239, #18 Doc 3214, #19 Doc 3215, #20 Doc 3372, #21 Doc 3685, #22 Doc 4015, #23 Doc 4016, #24 Doc 4141, #25 Doc 4311, #26 Doc 4335, #27 Doc 4866, #28 Doc 5007, #29 Doc 5285, #30 Doc 5770, #31 Doc 5881, #32 Doc 5883, #33 Doc 6227, #34 Doc 6799, #35 Doc 8113, #36 Doc 8871, #37 Doc 9415, #38 Doc 9775, #39 Doc 10323, #40 Doc 11011, #41 Doc 11320, #42 Doc 11659, #43 Doc 11871, #44 Doc 12061, #45 Doc 12830, #46 Doc 12853, #47 Doc 12971, #48 Doc 13329, #49 Doc 15098, #50 Doc 15176, #51 Doc 16343, #52 Doc 17494) (SMS) [Transferred from flmd on 6/12/2020.] |
| Filing 7 PERTINENT FILINGS from MDL Docket (Attachments: #1 MDL abbreviated docket sheet, #2 Transfer Order, Doc 21472)(SMS) [Transferred from flmd on 6/12/2020.] |
| Filing 6 Case transferred in from District of Arizona; Case Number 2:19-cv-03875. File received electronically [Transferred from flmd on 6/12/2020.] |
| REMARK: Case Transferred to the Middle District of Florida via electronic transfer. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from azd on 6/11/2020.] [Transferred from flmd on 6/12/2020.] |
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Filing 5
SECOND AMENDED SUGGESTION OF REMAND AND TRANSFER ORDER (THIRD). See Order for Details. Signed by Senior Judge David G Campbell on 3/20/20. [Amending to Remove Case: Lisa Riley v. C. R. Bard, Inc., 2:18-cv-00896-NV from page 25 of Schedule B] (MAP) [Transferred from azd on 6/11/2020.] [Transferred from flmd on 6/12/2020.]
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Filing 4
AMENDED SUGGESTION OF REMAND AND TRANSFER ORDER (THIRD)--See document for details. Signed by Senior Judge David G Campbell on 3/6/20. (SJF) [Transferred from azd on 6/11/2020.] [Transferred from flmd on 6/12/2020.]
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Filing 3
SUGGESTION OF REMAND AND TRANSFER ORDER. (Third) See Order for Complete Details. Signed by Senior Judge David G Campbell on 3/4/20. (MAP) [Transferred from azd on 6/11/2020.] [Transferred from flmd on 6/12/2020.]
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| Filing 2 This case has been assigned to the Honorable David G. Campbell, with member case number: CV-19-3875-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 azd on 6/11/2020.] [Transferred from flmd on 6/12/2020.] |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-16970633 filed by Alexander Fernandez. (Attachments: #1 Civil Cover Sheet)(MAP) [Transferred from azd on 6/11/2020.] [Transferred from flmd on 6/12/2020.] |
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