AVERETT v. C R BARD INCORPORATED et al
| NOLAN AVERETT |
| C R BARD INCORPORATED and BARD PERIPHERAL VASCULAR INCORPORATED |
| 1:2019cv00911 |
| September 9, 2019 |
| US District Court for the Middle District of North Carolina |
| CATHERINE C EAGLES |
| JOI ELIZABETH PEAKE |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 6, 2019. A more recent docket listing may be available from PACER.
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| Filing 20 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 12/12/2019 09:30 AM in Winston-Salem Courtroom #3 before MAG/JUDGE JOI ELIZABETH PEAKE. (Garrett, Kim) |
| CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Gammon, Cheryl) |
| MEDIATION SCHEDULING ORDER ; Selection of Mediator due by 12/5/2019. Mediation due by 7/2/2020. (Gammon, Cheryl) |
Filing 19
ORDER signed by JUDGE CATHERINE C. EAGLES on 10/24/2019; that the motion to stay, Doc. #17 , is DENIED as set out herein. (Sheets, Jamie)
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Filing 18
ORDER signed by JUDGE CATHERINE C. EAGLES on 10/23/2019; Except as modified and supplemented by this Order, the Court adopts the parties' Joint Rule 26(f) Report (Doc. #16 ). The IPTC set for November 21, 2019, is cancelled as unnecessary. Discovery due by 7/2/2020. The parties are directed to participate in the mediated settlement conference program established by LR 83.9e-f. The parties shall advise the Court of the person they have chosen as mediator no later than December 5, 2019; if they do not agree, the Court will appoint a mediator. (Sheets, Jamie)
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| Filing 17 Joint MOTION to Stay by BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INCORPORATED. Response to Motion due by 11/13/2019 (OSOWSKI, PAUL) |
| Motions Submitted: #17 Joint MOTION to Stay to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
| Filing 16 Rule 26(f) Report (Joint) filed by all parties by BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INCORPORATED. (Attachments: #1 Exhibit MDL P.O., #2 Exhibit MDL CMO re redaction of material, #3 Exhibit MDL CMO re stip & P.O. redactions of ESI, #4 Exhibit MDL CMO re deposition protocols, #5 Exhibit MDL CMO re joint record collection)(OSOWSKI, PAUL) |
| Filing 15 NOTICE by NOLAN AVERETT Special Appearance of Attorney Christopher K. Johnston, Johnston Law Group (LEONARD, BRIAN) |
| Filing 14 NOTICE of Appearance by attorney BRIAN KEITH LEONARD on behalf of Plaintiff NOLAN AVERETT (LEONARD, BRIAN) |
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Filing 13
ORDER signed by JUDGE CATHERINE C. EAGLES on 09/16/2019; The parties shall immediately begin assembling the information needed to provide case-specific Rule 26(a)(1)(A) initial disclosures and to respond to expected case-specific discovery, which should include at a minimum the information required by the MDL court in the Plaintiff and Defendant Fact Sheets. No later than October 1, 2019, counsel shall have a preliminary meet-and-confer about 1) pleadings, discovery, and anticipated motions; 2) narrowing the disputed issues; 3) the informal exchange of basic case-specific fact information and medical records; 4) making Rule 26(a)(1) (A) disclosures in advance of the IPTC; 5) settlement and mediation, and 6) insuring appropriate MDL orders and other documents are filed electronically in this case. See Doc. #5 at 32-33. If they do not agree on an informal exchange, any party may serve reasonable written case-specific fact discovery beginning seven days after compliance with LRs 83.1 and 5.3(c). No later than October 21, 2019, which is two weeks after the last possible date for compliance with the Local Rules, the parties shall file a Joint Status Report as set forth in this Order. Subject to change after the Court reviews the Joint Status Report, the case is set for initial pretrial conference on November 21, 2019, see LR 16.1(b), which conference may be with the Magistrate Judge or with this Court, and the Local Rules apply. (Garland, Leah)
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| Set Deadline: Joint Status Report due by 10/21/2019. (See #13 Order) (Garland, Leah) |
| Filing 12 NOTICE of Appearance by attorney WILLIAM MICHAEL STARR on behalf of Defendants BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INCORPORATED (STARR, WILLIAM) |
| Filing 11 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendants BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INCORPORATED. PAUL J. OSOWSKI is substituted as counsel for Defendants. Attorney RICHARD B. NORTH, JR terminated. (OSOWSKI, PAUL) |
| CASE REFERRED RE: #5 SUGGESTION OF REMAND AND TRANSFER ORDER to JUDGE CATHERINE C. EAGLES (Sanders, Marlene) |
| Filing 10 STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
| Case ASSIGNED to JUDGE CATHERINE C. EAGLES and MAG/JUDGE JOI ELIZABETH PEAKE. (Garland, Leah) |
| Filing 9 ECF 30 Day Notice as to Attorney RICHARD B. NORTH, JR. ECF 30 Day Notice due by 10/9/2019. (Garland, Leah) |
| Filing 8 ECF 30 Day Notice as to Attorney CHRISTOPHER KYLE JOHNSTON. ECF 30 Day Notice due by 10/9/2019. (Garland, Leah) |
| Filing 7 Case transferred in from District of Arizona; Case Number 2:17-cv-00736. Original file certified copy of transfer order and docket sheet received. |
| Remark: Case transferred to Middle District of North Carolina via electronic transfer. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ) [Transferred from Arizona on 9/9/2019.] |
| Filing 6 NOTICE OF FILING AMENDED SCHEDULES FOR CASES TO BE TRANSFERRED OR REMANDED re: #5 . Signed by Senior Judge David G Campbell on 8/26/19. (SLQ) [Transferred from Arizona on 9/9/2019.] |
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Filing 5
SUGGESTION OF REMAND AND TRANSFER ORDER. See Order for Details. Signed by Senior Judge David G Campbell on 8/19/19. (MAP) [Transferred from Arizona on 9/9/2019.]
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Filing 4
ORDER pursuant to General Order 09-08 granting #3 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) [Transferred from Arizona on 9/9/2019.]
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| PRO HAC VICE FEE PAID. $ 35, receipt number PHX183092 as to Christopher K Johnston. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from Arizona on 9/9/2019.] |
| Filing 3 MOTION for Admission Pro Hac Vice as to attorney Christopher K Johnston on behalf of Nolan Averett. (LSP) [Transferred from Arizona on 9/9/2019.] |
| Filing 2 This case has been assigned to the Honorable David G Campbell, with member case number: CV-17-0736-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. (LSP) [Transferred from Arizona on 9/9/2019.] |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number PHX183091 filed by Nolan Averett. (Attachments: #1 Civil Cover Sheet)(LSP) [Transferred from Arizona on 9/9/2019.] |
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