McCormick v. C. R. Bard, Inc.
| Sharon McCormick |
| C. R. Bard, Inc. |
| 5:2019cv00566 |
| December 17, 2019 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 23 Notice of Special Appearance for non-district by Kristin H. Agnew on behalf of C. R. Bard, Inc.. (Agnew, Kristin) |
| NOTICE OF DEFICIENCY regarding #22 Notice of Appearance. Wrong event used. Counsel shall refile using the event Notice of Special Appearance. (Collins, S.) |
| Filing 22 **CORRECTED AND REFILED AT #23 ** Notice of Appearance filed by Kristin H. Agnew on behalf of C. R. Bard, Inc.. (Agnew, Kristin) Modified on 2/13/2020 (Collins, S.). |
| Filing 21 Notice of Special Appearance for non-district by Joseph P. Griffith on behalf of C. R. Bard, Inc.. (Griffith, Joseph) |
| Filing 20 Financial Disclosure Statement by C. R. Bard, Inc. identifying Corporate Parent Becton, Dickinson and Company for C. R. Bard, Inc.. (Mize, Leslie) |
| Filing 19 Notice of Appearance filed by Audrey Snyder on behalf of Sharon McCormick. (Snyder, Audrey) |
| Filing 18 Financial Disclosure Statement by Sharon McCormick (Black, Janet Ward) |
| Filing 17 Notice of Appearance filed by Janet Ward Black on behalf of Sharon McCormick. (Black, Janet Ward) |
TEXT ORDER - This matter, recently transferred from the MDL, comes before the court in furtherance of its case scheduling and management. Pursuant to notice sent to the parties on December 18, 2019, plaintiff was directed to notice appearance of local counsel in this matter. See EDNC Local Civil Rule 83.1(d), (e). Not later than 1/16/20, plaintiff is ORDERED to cause counsel to enter the requisite notices in this case. Within 14 days of plaintiff's counsel entering notice of appearance, the parties are FURTHER ORDERED to confer about ensuring that MDL orders and other documents are electronically filed in this case. Within 14 days after conferring about ensuring MDL orders and other documents are electronically filed in this case, the parties are ORDERED to file any MDL Orders and other MDL documents pertinent to resolving the instant case, as well as joint status report regarding case scheduling and other activities remaining to be conducted in this case. Signed by District Judge Louise Wood Flanagan on 1/2/2020. (Collins, S.)
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| Filing 16 Notice of Substitution of Counsel filed by Leslie Lane Mize on behalf of C. R. Bard, Inc. substituting for Richard B. North, Jr.. (Mize, Leslie) |
| Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Collins, S.) |
| Filing 15 Notice to Parties regarding Transfer of Case to the Eastern District of North Carolina. Counsel should read the notice in its entirety for additional information. (Rudd, D.) |
| Filing 14 Case transferred in from District of West Virginia Southern. Case Number 2:16-cv-04691. Transfer order and docket sheet obtained from transferring district. |
| Filing 13 DESIGNATION OF RECORD for MDL transfers re: 2:10-md-02187 - C. R. Bard, Inc. (Cohen, Lori) [Transferred from West Virginia Southern on 12/18/2019.] |
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Filing 12
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 12/17/2019 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 12/16/2019 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 12/3/2019. (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 12/18/2019.]
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Filing 11
PRETRIAL ORDER # 294 (Order Re: Mandatory Settlement Conference for Certain Unresolved Cases) The settlement conferences will be conducted as follows: 1. For the cases identified on Exhibit A, attached hereto, the court will conduct a mandatory settlement conference in those cases beginning on 11/7/2018, at 9:00 a.m. in room 6200B and continuing from day-to-day thereafter; 2. For the cases identified on Exhibit B, attached hereto, the court will conduct a mandatory settlement conference in those cases beginning on 11/8/2018, at 9:00 a.m. in room 6200B and continuing from day-to-day thereafter; 3. For the cases identified on Exhibit C, attached hereto, the court will conduct a mandatory settlement conference in those cases beginning on 11/9/2018, at 9:00 a.m. in room 6200B and continuing from day-to-day thereafter; it is ORDERED that (1) individual plaintiffs whose cases are scheduled for a settlement conference shall appear in person for the settlement conference with counsel of record as reflected on the docket sheet for that plaintiff's case; and (2) any plaintiff who fails to comply with this PTO may be subject to a substantial sanction, including dismissal with prejudice; it is further ORDERED that if the parties reach a settlement in a case listed on Exhibits A, B or C, submission of an inactive docket order for that case will relieve plaintiff and her counsel from the obligation of attending the mandatory settlement conference; finally, it is ORDERED that the cases identified as resolved and pending dismissal, identified in the attached Exhibit D, must be dismissed by 1/11/2019. Signed by Judge Joseph R. Goodwin on 10/11/2018. (cc: attys; any unrepresented party) (REF: MDL 2187; Cases identified on Exhibits A, B, C, and D) (kab) [Transferred from West Virginia Southern on 12/18/2019.]
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Filing 10
PRETRIAL ORDER # 293 (Order re: Rescheduling Mandatory Settlement Conference for Certain Remaining Plaintiffs in Bard MDL) directing (1) counsel for all plaintiffs identified in the attached Exhibit A whose cases have not been resolved and are not subject to an agreement in principle to resolve, are directed to meet and confer with Pepper Hamilton LLP on or before 10/3/2018, and to engage in good faith discussions about the possibility of settlement, (2) Messrs. Garrard and Potts and Bard Settlement Counsel are directed to provide a joint written report to the Court and Special Master Reisman via email on 10/8/2018, identifying which cases remaining on Exhibit A have not been resolved or dismissed, (3) the Court will enter an order on 10/11/2018 identifying on which of the following dates the parties in each case must appear for the settlement conference: November 7, 8 and 9, 2018 or such other date as set by the Court. Each day, the settlement conferences will begin at 9:00 a.m. in Charleston, West Virginia at the Robert C. Byrd United States Courthouse, (4) individual plaintiffs whose cases are scheduled for a settlement conference shall appear in person for the settlement conference along with counsel of record, (5) any plaintiff who fails to comply with this PTO may be subject to a substantial sanction, including dismissal with prejudice, and (6) cases not settled during the settlement conference will be dealt with by further order. Signed by Judge Joseph R. Goodwin on 9/11/2018. (cc: attys; any unrepresented party) (REF: MDL 2187; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 12/18/2019.]
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Filing 9
PRETRIAL ORDER # 290 (Order re: Mandatory Settlement Conference for Certain Remaining Plaintiffs in Bard MDL) directing (1) counsel for all plaintiffs identified in Exhibit A whose cases have not been resolved and are not subject to an agreement in principle to resolve, are directed to meet and confer with Pepper Hamilton LLP on or before 9/14/2018, and to engage in good faith discussions about the possibility of settlement, (2) Messrs. Garrard and Potts and Bard Settlement Counsel to provide a joint written report to the court and Special Master Reisman via email on 9/18/2018, identifying which cases remain on Exhibit A, (3) the Court will enter an Order on 9/21/2018 identifying on which of the following dates the parties in each case must appear for the settlement conference: October 15, 17, 18 or 19, 2018 or such other date as set by the court. Each day, the settlement conferences will begin at 9:00 a.m. in Charleston, West Virginia at the Robert C. Byrd United States Courthouse, (4) individual plaintiffs whose cases are scheduled for a settlement conference shall appear in person for the settlement conference along with counsel of record, and (5) any plaintiff who fails to comply with this PTO may be subject to a substantial sanction, including dismissal with prejudice. Signed by Judge Joseph R. Goodwin on 8/3/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2187; Cases Listed on Exhibit A) (kab) [Transferred from West Virginia Southern on 12/18/2019.]
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Filing 8
PRETRIAL ORDER # 283 (Amended Docket Control Order C. R. Bard Wave 7 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 275. The parties are advised that while this order will be entered in the individual cases in the coming days, it is effective as of the day it was entered in the main MDL. The following deadlines immediately apply in all Wave 7 cases: Plaintiff Fact Sheets due by 03/19/2018; Defendant Fact Sheets due by 04/19/2018; Deadline for written discovery requests due by 05/18/2018; Expert disclosures served by plaintiffs pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 07/13/2018; Expert disclosure served by defendants pursuant to Fed R. Civ P. 26 as limited by 3.a. of this order due by 08/13/2018; Expert disclosure served for rebuttal pursuant to Fed R. Civ. P. 26 as limited by 3.a. of this order due by 08/20/2018; Deposition deadline and close of discovery due by 10/04/2018; Filing of Dispositive Motions due by 10/18/2018; Response to Dispositive Motions due by 10/25/2018; Reply to response to dispositive motions due by 11/01/2018; Filing of Daubert motions due by 10/18/2018; Responses to Daubert motions due by 10/25/2018; Reply to response to Daubert motions due by 11/01/2018. Signed by Judge Joseph R. Goodwin on 6/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2187; Active Bard Wave 7 Cases) (st) [Transferred from West Virginia Southern on 12/18/2019.]
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| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Anne Vankirk on behalf of Sharon McCormick. (Vankirk, Anne) [Transferred from West Virginia Southern on 12/18/2019.] |
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Filing 6
PRETRIAL ORDER # 275 (Docket Control Order - C. R. Bard Wave 7 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING C. R. BARD, INC. CASES. The court ORDERS that this Docket Control Order be filed in the main MDL and, as of the time of that filing in every case listed on Exhibit A (hereinafter "Wave 7 cases") becomes subject to the deadlines in this Docket Control Order. The stay on the Covidien Wave 1 cases is lifted and the Covidien Wave 1 cases are incorporated in the C. R. Bard Wave 7 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 7 cases: A. Scheduling Deadlines. Plaintiff Fact Sheets due by 3/19/2018, Defendant Fact Sheets due by 4/19/2018, Deadline for written discovery requests due by 5/18/2018, Expert disclosure by plaintiffs due by 6/04/2018, Expert disclosure by defendants due by 7/05/2018, Expert disclosure for rebuttal purposes due by 7/23/2018, Deposition deadline and close of discovery due by 9/04/2018, Deadline to file list of general causation experts in each individual Wave 7 case due by 9/11/2018, Filing of Dispositive Motions due by 9/21/2018, Response to Dispositive Motions due by 10/05/2018, Reply to response to dispositive motions due by 10/12/2018, Filing of Daubert motions due by 10/05/2018, Responses to Daubert motions due by 10/19/2018, and Reply to response to Daubert motions due by 10/26/2018. B.4. Confidential Documents. In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 8/10/2018, and any response is due by 8/24/2018. Any reply is due by 8/31/2018. C.1. Venue Recommendations. By no later than 8/27/2018 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 9/03/2018. Additional directives are set forth herein. Signed by Judge Joseph R. Goodwin on 1/30/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2187; Bard Wave 7 Cases Listed on Exhibit A) (lca) [Transferred from West Virginia Southern on 12/18/2019.]
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| Filing 5 PLAINTIFF PROFILE FORM filed by Sharon McCormick. (Kulesza, Karolina) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 4 WAIVER OF SERVICE EXECUTED. C. R. Bard, Inc. waiver mailed on 5/25/2016, answer due 7/25/2016. (North, Richard) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 3 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 12/18/2019.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 217 (ORDER APPOINTING CATHY YANNI AS SPECIAL MASTER FOR PRIVATE SETTLEMENT AGREEMENTS BETWEEN COVIDIEN AND CERTAIN PLAINTIFFS' COUNSEL) entered on 05/17/2016 in MDL 2187 to attorneys in member case. (Attachment: #1 Exhibit A) (jk) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-4616767. (Attachment: #1 Civil Cover Sheet) (bw) [Transferred from West Virginia Southern on 12/18/2019.] |
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