ARMSTEAD et al v. COLOPLAST CORP.
| WILLIAM ARMSTEAD, JR. and RITA ARMSTEAD |
| BOSTON SCIENTIFIC CORPORATION and COLOPLAST CORP. |
| 1:2019cv01000 |
| September 26, 2019 |
| US District Court for the Middle District of North Carolina |
| N C TILLEY |
| JOE L WEBSTER |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 21, 2020. A more recent docket listing may be available from PACER.
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| Filing 59 ECF 30 Day Notice as to Clayton Clark, Scott Love, William Moreland, John Grinnan, Kathryn Grace Hooten, Lauren Schultz, Leslie Hornsby, Lana Varney. ECF 30 Day Notice due by 10/28/2019. (Coyne, Michelle) |
| Filing 58 Case transferred in from District of West Virginia Southern; Case Number 2:18-cv-01006. Original file certified copy of transfer order and docket sheet received. |
| 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. (Coyne, Michelle) |
| Case assigned to JUDGE N. C. TILLEY, JR and MAGISTRATE JUDGE JOE L. WEBSTER. (Coyne, Michelle) |
| Filing 57 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp.. (Attachments: #1 ECF 2552-1 - Exhibit A, #2 ECF 2552-2 - Exhibit B, #3 ECF 2552-3 - Exhibit C, #4 ECF 2552-4 - Exhibit D, #5 ECF 2552-5 - Exhibit E, #6 ECF 2553 - Minute Entry, #7 ECF 2554 - Eifert Order on 6-7-19 Hr'g, #8 ECF 2555 - Transcript Hr'g 6-7-19, #9 ECF 2568 - Order Denying Mtn PO re Foreign Doc, #10 ECF 2581 - Ntc Subpoena Diversified Plastics wExs, #11 ECF 2600 - PSC Ntc Adoption Becker Prior Daubert, #12 ECF 2601 - PSC Ntc of Adoption Cole for Wave 8, #13 ECF 2602 - PSC Ntc of Adoption Culligan Wave 8, #14 ECF 2603 - PSC Ntc Adoption Freeman Daubert Wave 8, #15 ECF 2604 - PSC Ntc Adoption Jarnagin Wave 8, #16 ECF 2607 - CP Ntc Adoption Garely Daubert wEx, #17 ECF 2608 - CP Ntc Adoption Kohli Daubert wEx, #18 ECF 2609 - CP Ntc Adoption Mays Daubert wEx, #19 ECF 2610 - CP Ntc Adoption Pence Daubert wEx, #20 ECF 2611 - CP Ntc Adoption Prior Rosenzweig Daubert wEx, #21 ECF 2621 - CP Ntc Adopt Becker Prior Opposition wEx, #22 ECF 2622 - CP Notice of Adoption Prior Opp Cole wEx, #23 ECF 2623 - Coloplast Ntc Adoption Culligan Prior Opposition, #24 ECF 2623-1 - Exhibit A, #25 ECF 2624 - CP Ntc Adoption Freeman Prior Opposition wEx, #26 ECF 2625 - CP Ntc Adoption Jarnagin Prior Opposition wEx, #27 ECF 2637 - Order PSC Mtns Compel IFUs, #28 ECF 2638 - Order Denying Daubert Mtns WO Prejudice, #29 ECF 2641 - Order Denying Jarnagin Daubert WO Prejudice)(Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 56 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp.. (Attachments: #1 ECF 2535-1 - Exhibit 1, #2 ECF 2535-2 - Exhibit 2, #3 ECF 2535-3 - Exhibit 3, #4 ECF 2536 - PSC Opp to CP Mtn Exclude Pence, #5 ECF 2536-1 - Exhibit A, #6 ECF 2536-2 - Exhibit B, #7 ECF 2536-3 - Exhibit C, #8 ECF 2536-4 - Exhibit D, #9 ECF 2536-5 - Exhibit E, #10 ECF 2536-6 - Exhibit F, #11 ECF 2537 - PSC Opp to CP Mtn Exclude Rosenzweig wEx, #12 ECF 2538 - PSC Opp to CP Exclude Kohli wEx, #13 ECF 2540 - CP Reply ISO Mtn Exclude Pence, #14 ECF 2540-1 - Exhibit 1-A, #15 ECF 2540-2 - Exhibit 1-B, #16 ECF 2541 - CP Reply ISO Mtn Exclude Garely wEx, #17 ECF 2542 - CP Reply ISO Mtn Exclude Kohli wEx, #18 ECF 2543 - PSC Reply ISO Mtn Exclude Becker wEx, #19 ECF 2544 - CP Reply ISO Mtn Exclude Rosenzweig wEx, #20 ECF 2545 - PSC Reply ISO Mtn Exclude Cole wEx, #21 ECF 2549 - PSC Reply ISO Mtn Exclude Jarnagin wEx, #22 ECF 2550 - CP Reply ISO Mtn Exclude Mays, #23 ECF 2550-1 - Exhibit 1, #24 ECF 2550-2 - Exhibit 2, #25 ECF 2550-3 - Exhibit 3, #26 ECF 2550-4 - Exhibit 4, #27 ECF 2551 - PSC Reply ISO Mtn Exclude Freeman, #28 ECF 2551-1 - Exhibit A, #29 ECF 2551-2 - Exhibit B)(Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 55 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp.. (Attachments: #1 ECF 2528-1 - Exhibit 1, #2 ECF 2528-2 - Exhibit 2, #3 ECF 2528-3 - Exhibit 3, #4 ECF 2528-4 - Exhibit 4, #5 ECF 2528-5 - Exhibit 5, #6 ECF 2528-6 - Exhibit 6, #7 ECF 2528-7 - Exhibit 7, #8 ECF 2529 - CP Opp PSC Mtn Exclude Becker, #9 ECF 2529-1 - Exhibit 1, #10 ECF 2529-2 - Exhibit 2, #11 ECF 2529-3 - Exhibit 3, #12 ECF 2529-4 - Exhibit 4, #13 ECF 2529-5 - Exhibit 5, #14 ECF 2529-6 - Exhibit 6, #15 ECF 2529-7 - Exhibit 7, #16 ECF 2529-8 - Exhibit 8, #17 ECF 2530 - CP Opp PSC Mtn Exclude Jarnagin wEx, #18 ECF 2531 - CP Opp PSC Mtn Exclude Culliga, #19 ECF 2531-1 Exhibit 1, #20 ECF 2531-2 Exhibit 2, #21 ECF 2531-3 Exhibit 3, #22 ECF 2532 - CP Opp PSC Mtn Exclude Cole wEx, #23 ECF 2534 - PSC Opp to CP Mtn Exclude Garely, #24 ECF 2534-1 - Exhibit 1, #25 ECF 2534-2 - Exhibit 2, #26 ECF 2534-3 - Exhibit 3, #27 ECF 2534-4 - Exhibit 4, #28 ECF 2534-5 - Exhibit 5, #29 ECF 2534-6 - Exhibit 6, #30 ECF 2534-7 - Exhibit 7)(Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 54 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp.. (Attachments: #1 ECF 2508 - PSC Mtn Exclude Dr Emily Cole, #2 ECF 2508-1 - Exhibit A, #3 ECF 2508-2 - Exhibit B, #4 ECF 2508-3 - Exhibit C, #5 ECF 2508-4 - Exhibit D, #6 ECF 2508-5 - Exhibit E, #7 ECF 2508-6 - Exhibit F, #8 ECF 2508-7 - Exhibit G, #9 ECF 2508-8 - Exhibit H, #10 ECF 2508-9 - Exhibit I, #11 ECF 2508-10 - Exhibit J, #12 ECF 2509 - PSC Memo ISO Mtn Exclude Cole, #13 ECF 2512 - CP Mtn Exclude Rosenzweig wEx, #14 ECF 2513 - CP Memo ISO Mtn Exclude Rosenzweig, #15 ECF 2514 - PSC Mtn Exclude Freeman, #16 ECF 2514-1 - Exhibit 1, #17 ECF 2514-2 - Exhibit 2, #18 ECF 2518 - PSC Mtn Exclude Jarnagin, #19 ECF 2518-1 - Exhibit A, #20 ECF 2518-2 - Exhibit B, #21 ECF 2518-3 - Exhibit C, #22 ECF 2518-4 - Exhibit D, #23 ECF 2518-5 - Exhibit E, #24 ECF 2518-6 - Exhibit F, #25 ECF 2518-7 - Exhibit G, #26 ECF 2519 - PSC Memo ISO Mtn Exclude Jarnagin, #27 ECF 2520 - PSC Memo ISO Mtn Exclude Freeman, #28 ECF 2522 - Transcript Hr'g 4-12-19, #29 ECF 2526 - COS by Pltfs for Rule 26 General Exp Wit Discl)(Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 53 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp.. (Attachments: #1 ECF 2500 - Mtn Exclude Pence, #2 ECF 2500-1 - Exhibit 1, #3 ECF 2500-2 - Exhibit 2, #4 ECF 2500-3 - Exhibit 3, #5 ECF 2500-4 - Exhibit 4, #6 ECF 2500-5 - Exhibit 5, #7 ECF 2501 - CP Memo ISO Mtn Exclude Pence, #8 ECF 2502 - PSC Mtn Exclude Becker, #9 ECF 2502-1 - Exhibit 1, #10 ECF 2502-2 - Exhibit 2, #11 ECF 2503 - PSC Memo ISO Mtn Exlude Becker, #12 ECF 2504 - CP Mtn Exclude Mays, #13 ECF 2504-1 - Exhibit 1, #14 ECF 2504-2 - Exhibit 2, #15 ECF 2504-3 - Exhibit 3, #16 ECF 2504-4 - Exhibit 4, #17 ECF 2504-5 - Exhibit 5, #18 ECF 2504-6 - Exhibit 6, #19 ECF 2504-7 - Exhibit 7, #20 ECF 2504-8 - Exhibit 8, #21 ECF 2504-9 - Exhibit 9, #22 ECF 2504-10 - Exhibit 9A, #23 ECF 2504-11 - Exhibit 10, #24 ECF 2505 - CP Memo ISO Mtn Exclude Mays, #25 ECF 2506 - PSC Mtn Exclude Dr Patrick Culligan, #26 ECF 2506-1 Exhibit A, #27 ECF 2506-2 Exhibit B, #28 ECF 2506-3 Exhibit C, #29 ECF 2506-4 Exhibit D, #30 ECF 2506-5 Exhibit E)(Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 52 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp.. (Attachments: #1 ECF 2369 - Pltf Reply ISO MTC 2 (IFUs, brochures, etc.), #2 ECF 2370 - Pltf Reply ISO MTC Foreign Docs&Wit, #3 ECF 2377 - Minute Entry re Eifert Hearing, #4 ECF 2379 - CPs Surreply to Mtns Compel, #5 ECF 2381 - Transcript Hr'g 3-4-19, #6 ECF 2382 - Pltfs Mtn Letters Rogatory wExs, #7 ECF 2383 - Pltfs Memo in Support of 2382 , #8 ECF 2384 - Minute Entry on 3-7-19 Hr'g, #9 ECF 2388 - COS Certain Pltfs for Rule 26a2 Exp. Testimony Discls-, #10 ECF 2393 - PTO_154_, #11 ECF 2396 - Coloplast Opp to Pltf Letters Rogatory, #12 ECF 2405 - Jt Mtn to Seal, #13 ECF 2406 - Eifert Order, #14 ECF 2418 - Transcript Hr'g 4-5-19, #15 ECF 2427 - Minute Entry re 4-12-19 Hr'g, #16 ECF 2450 - PSC Hague Convention Request, #17 ECF 2453 - Ntc Mtn Letters Rogatory wExs, #18 ECF 2472 PSC Hague Convention Request, #19 ECF 2483 - Order Gr'g Pltf Mtn Letters Rogatory, #20 ECF 2484 - PTO_158, #21 ECF 2494 - CP Mtn Exclude Garely wEx, #22 ECF 2495 - CP Memo ISO Mtn Exclude Garely, #23 ECF 2496 - CP Mtn Exclude Kohli, #24 ECF 2496-1 - Exhibit A, #25 ECF 2496-2 - Exhibit B, #26 ECF 2496-3 - Exhibit C, #27 ECF 2496-4 - Exhibit D, #28 ECF 2496-5 - Exhibit E, #29 ECF 2496-6 - Exhibit F)(Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 51 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp.. (Attachments: #1 ECF 2240 - PTO_139, #2 ECF 2241 - PTO_140, #3 ECF 2257 - PTO_142, #4 ECF 2260 - PTO_143, #5 ECF 2299 - PTO_145, #6 ECF 2310 - PTO_146, #7 ECF 2317 - PTO_147, #8 ECF 2338 - PTO_149, #9 ECF 2339 - PTO_150, #10 ECF 2346 - Pltfs Mtn Foreign Docs&Wit wEx, #11 ECF 2347 - Memo ISO MTC Foreign Docs&Wit, #12 ECF 2348 - Cert of Counsel for Certain PLs, #13 ECF 2349 - Pltf MTC Short Time MTC Foreig Docs&Wit, #14 ECF 2350 - Pltf MTC&Memo IFUs wEx, #15 ECF 2351 - Pltf Mtn Short Time IFUs, #16 ECF 2352 - CP Opp MTC Short Time MTC Foreign Docs&Wit, #17 ECF 2353 - CP Opp MTC Short Time MTC IFUs, #18 ECF 2354 - Pltf Reply ISO Short Time Foreign Docs, #19 ECF 2355 - Pltf Reply ISO Mtn Time MTC IFUs, #20 ECF 2359 - Order on MTCs-Hearings, #21 ECF 2367 - CP Opp to MTC Foreign Docs&Wit, #22 ECF 2367-1 Varney Declaration, #23 ECF 2367-2 Exhibit A, #24 ECF 2367-3 Exhibit B, #25 ECF 2367-4 Exhibit C, #26 ECF 2367-5 Exhibit D, #27 ECF 2367-6 Exhibit E, #28 ECF 2367-7 Exhibit F, #29 ECF 2367-8 Exhibit G, #30 ECF 2367-9 Exhibit H)(Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 50 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp.. (Attachments: #1 ECF 622 - PTO_110, #2 ECF 634 - PTO_112, #3 ECF 969 - PTO_117, #4 ECF 1028 - PTO_119 wEx, #5 ECF 1197 - PTO_121, #6 ECF 1198 - 2nd Amend Master LF Complaint, #7 ECF 1258 - CP Jt Master LF Answer to 2nd Amend Master Comp, #8 ECF 1259 - PTO_122, #9 ECF 1260 - PTO_123, #10 ECF 1261 - PTO_124, #11 ECF 1262 - Mentor Master LF Answer 2nd Amend Master Complaint, #12 ECF 1275 - PTO_125, #13 ECF 1276 - PTO_126, #14 ECF 1277 - PTO_127, #15 ECF 1289 - PTO_128, #16 ECF 1351 - PTO_129, #17 ECF 1361 - PTO_130, #18 ECF 1382 - PTO_131, #19 ECF 1430 - PTO_132, #20 ECF 1448 - PTO_134, #21 ECF 1489 PLs Mot for Order Allowing Mentor's OB Tape Production, #22 ECF 1490 - PL's Memo ISO 1489 wEx, #23 ECF 1491 - PTO_135, #24 ECF 1508 Order on 1489 , #25 ECF 1509 - Mentor's Objection to 1489 wEx, #26 ECF 1543 Order Denying 1489 , #27 ECF 1583 - PTO_136)(Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 49 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp.. (Attachments: #1 ECF 13 - PTO_5, #2 ECF 33 - PTO_10 wEx, #3 ECF 40 - PTO_12 wEx, #4 ECF 41 - PTO_13 wEx, #5 ECF 48 - PTO_15 wEx, #6 ECF 59 - PTO_20, #7 ECF 86 - Joint Mtn to Show Cause re Stip Dismiss wExh, #8 ECF 87 - PTO_26 wEx, #9 ECF 89 - PTO_27, #10 ECF 92 - PTO_28, #11 ECF 93 - PTO_29 wEx, #12 ECF 96 - PTO_30, #13 ECF 124 - PTO_32, #14 ECF 256 - PTO_59, #15 ECF 374 - PTO_74, #16 ECF 381 - PTO_76 wEx, #17 ECF 389 - PTO_77 wEx, #18 ECF 395 - PTO_79 wEx, #19 ECF 420 - PTO_80, #20 ECF 442 - PTO_86, #21 ECF 474 - PTO_90, #22 ECF 491 - PTO_94, #23 ECF 508 - PTO_98, #24 ECF 527 - PTO_100, #25 ECF 558 - PTO_102 wEx, #26 ECF 561 - PTO_103 wEx, #27 ECF 562 - PTO_104 wEx, #28 ECF 572 - PTO_105 wEx, #29 ECF 588 - PTO_107 wEx)(Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 48 AMENDED NOTICE TO TAKE VIDEOTAPED DEPOSITION by Coloplast Corp. of Janet Harris-Hicks, M.D. on October 30, 2019 at 2:00 p.m. (Attachments: #1 Exhibit, #2 Exhibit)(Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 47 AMENDED NOTICE TO TAKE VIDEOTAPED DEPOSITION by Rita Armstead, William Armstead, Jr of Janet Harris-Hicks, MD on October 30, 2019 at 2:00 (Clark, Clayton) [Transferred from West Virginia Southern on 9/26/2019.] |
Filing 46
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 9/26/2019 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 09/25/2019 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 9/12/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2387; Cases Listed on Exhibit A) (kew) [Transferred from West Virginia Southern on 9/26/2019.]
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| Filing 45 REPLY by Coloplast Corp. to #43 Response In Opposition. (Attachments: #1 Exhibit, #2 Exhibit)(Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 44 REPLY MEMORANDUM OF LAW by Coloplast Corp. in support of #38 MOTION by Coloplast Corp. for Partial Summary Judgment. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 43 RESPONSE by Rita Armstead, William Armstead, Jr in opposition to #40 MOTION by Coloplast Corp. to Exclude Or Limit The Opinion Testimony of Bruce Rosezweig, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Clark, Clayton) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 42 RESPONSE by Rita Armstead, William Armstead, Jr. in opposition to #38 MOTION by Coloplast Corp. for Partial Summary Judgment. (Attachments: #1 Exhibit A)(Clark, Clayton) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 41 MEMORANDUM OF LAW by Coloplast Corp. in support of #40 MOTION by Coloplast Corp. to Exclude Or Limit The Opinion Testimony of Bruce Rosezweig, M.D. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 40 MOTION by Coloplast Corp. to Exclude Or Limit The Opinion Testimony of Bruce Rosezweig, M.D. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 39 MEMORANDUM OF LAW by Coloplast Corp. in support of #38 MOTION by Coloplast Corp. for Partial Summary Judgment. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 38 MOTION by Coloplast Corp. for Partial Summary Judgment. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 37 NOTICE of Cross-Notice of Notice of Continuation of Videotaped Deposition of Janet Harris-Hicks, M.D. by Coloplast Corp. (Attachments: #1 Exhibit, #2 Exhibit)(Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 36 NOTICE TO TAKE VIDEOTAPED DEPOSITION by Rita Armstead, William Armstead, Jr of Janet Harris-Hicks, M.D. on August 28, 2019 at 2:30 p.m. (Clark, Clayton) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 35 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by John Gregory Grinnan on behalf of Rita Armstead, William Armstead, Jr. (Grinnan, John) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 34 CROSS-NOTICE OF AMENDED NOTICE OF VIDEOTAPED DEPOSITION of Janet Harris-Hicksm M.D. by Coloplast Corp. re: #33 AMENDED NOTICE TO TAKE VIDEOTAPED DEPOSITION by Rita Armstead, William Armstead, Jr. of Janet Harris-Hicks, M.D. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 33 AMENDED NOTICE TO TAKE VIDEOTAPED DEPOSITION by Rita Armstead, William Armstead, Jr of Janet Harris-Hicks, M.D. on July 30, 2019 at 1:00 p.m. (Clark, Clayton) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 32 RESPONSE AND OBJECTIONS by Rita Armstead, William Armstead, Jr. in opposition to #28 Notice of Deposition of Bruce Rosenzweig, M.D. (Hooten, Kathryn) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 31 CERTIFICATE OF SERVICE by Coloplast Corp. for Designation and Disclosure of Expert Witnesses. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 30 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Lezzlie Elizabeth Hornsby on behalf of Rita Armstead, William Armstead, Jr. (Hornsby, Lezzlie) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 29 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kathryn Grace Hooten on behalf of Rita Armstead, William Armstead, Jr. (Hooten, Kathryn) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 28 NOTICE TO TAKE DEPOSITION DUCES TECUM by Coloplast Corp. of Bruce Rosenzweig, M.D. on June 26, 2019 at 5:00 p.m. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 27 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Lauren Schultz on behalf of Rita Armstead, William Armstead, Jr. (Schultz, Lauren) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 26 NOTICE TO TAKE VIDEOTAPED DEPOSITION by Coloplast Corp. of William Armstead, Jr. on June 13, 2019 at 1:00 p.m. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 25 NOTICE TO TAKE VIDEOTAPED DEPOSITION by Coloplast Corp. of Rita Armstead on June 13, 2019 at 9:00 a.m. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 24 CERTIFICATE OF SERVICE by Rita Armstead, William Armstead, Jr. for Rule 26 Expert Disclosures with reports. (Clark, Clayton) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 23 RESPONSE TO ORDER TO SHOW CAUSE by Rita Armstead, William Armstead, Jr. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Clark, Clayton) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 22 RESPONSE TO ORDER TO SHOW CAUSE by Coloplast Corp. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
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Filing 21
PRETRIAL ORDER # 160 (ORDER AND SHOW CAUSE ORDER) Exhibit A Directing that the parties must identify each case as a Remand or Transfer Case and for the Transfer Cases on Exhibit A, the parties must identify venue information as follows: (1) the agreed venue or disputed venue; (2) plaintiff's counsel of record; (3) plaintiff's city and state of residence; and (4) state of plaintiff's implant and any removal(s). For the Remand Cases on Exhibit A, the parties must identify (1) the jurisdiction to which the case must be returned as indicated on the court's docket sheet; and (2) plaintiff's counsel. The parties shall meet and confer concerning the appropriate venue for each of the Transfer Cases and work to identify the remand jurisdiction for the Remand Cases as indicated on the court's docket sheet by 6/1/2019; directing that parties to file the above information by 6/13/2019. The submission of the information as directed by the court is essential to the planned remand or transfer of the remaining cases in this MDL. Exhibit B - Show Cause Directing that in each individual case on Exhibit B, plaintiffs and Coloplast, Inc. or Mentor Worldwide (where named) show cause on or before 6/17/2019, why they should not be sanctioned for failing to comply with the court's scheduling orders pursuant to Rule 16(f) of the Federal Rules of Civil Procedure. Exhibit C - Show Cause Directing that before 6/17/2019, the plaintiff in each individual case must show cause why the case should not be dismissed without prejudice pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Signed by Judge Joseph R. Goodwin on 5/20/2019. (cc: attys; any unrepresented party) (REF: MDL 2387; Cases Listed on Exhibits A, B and C) (hkl) [Transferred from West Virginia Southern on 9/26/2019.]
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Filing 20
PRETRIAL ORDER # 159 SHOW CAUSE ORDER directing that plaintiffs' leadership and counsel for ALL defendants named in cases in Wave 5, 6, 7 and 8 are directed to show cause in writing in each individual case, why they should not be sanctioned pursuant to Rule 16(f) of the Federal Rules of Civil Procedure for failing to comply with my Order by Wednesday, 5/22/2019; the court has attached Exhibit A, which contains the remaining cases in Coloplast Waves 5, 6, 7 and 8; as a courtesy, the court has attached Exhibit B, containing the cases (1) in Coloplast Wave 9 and (2) other MDL waves now in the Coloplast MDL. The court will schedule a hearing at a later date. Signed by Judge Joseph R. Goodwin on 5/7/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2387; Each case in Coloplast Waves 5, 6, 7 and 8) (mms) [Transferred from West Virginia Southern on 9/26/2019.]
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| Filing 19 CERTIFICATE OF SERVICE by Coloplast Corp. for Responses and Objections to Plaintiffs' First Set of Interrogatories, Requests for Admissions and Request for Production. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 18 CERTIFICATE OF SERVICE by Rita Armstead, William Armstead, Jr. for Responses to Defendant's First Set of Interrogatories, First Set of Requests for Production and First Set of Requests for Admissions. (Clark, Clayton) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 17 CERTIFICATE OF SERVICE by Rita Armstead, William Armstead, Jr. for First Set of Interrogatories, First Set of Requests for Production and First Set of Requests for Admissions to Defendant. (Clark, Clayton) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 16 CERTIFICATE OF SERVICE by Coloplast Corp. for First Set of Interrogatories, Requests for Admissions, and Requests for Production of Documents. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 15 NOTICE TO TAKE VIDEOTAPED DEPOSITION by Rita Armstead, William Armstead, Jr of Janet Harris-Hicks, M.D. on June 1, 2019 at 10:00 a.m. (Clark, Clayton) [Transferred from West Virginia Southern on 9/26/2019.] |
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Filing 14
PRETRIAL ORDER # 154 (Order re: Supplement to Coloplast Wave 5, 6, 7 and 8 Transfer and Remand Information) The court ORDERS that Pretrial Order #s 142 (Wave 5), 146 (Wave 6), 147 (Wave 7), and 150 (Wave 8) are AMENDED, but only as to paragraph C.1 and 2; all other provisions of each PTO listed above (including C.3) remain in place, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 3/13/2019. (cc: any unrepresented party) (REF: MDL 2387; Coloplast Wave 5-8 cases that remain open) (kab) [Transferred from West Virginia Southern on 9/26/2019.]
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| Filing 13 PLAINTIFF FACT SHEET filed by Rita Armstead, William Armstead, Jr. (Clark, Clayton) [Transferred from West Virginia Southern on 9/26/2019.] |
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Filing 12
PRETRIAL ORDER # 150 (Docket Control Order Coloplast Wave 8 Cases) Directing that PTO # 149 is VACATED because it was dated incorrectly. An identical PTO is attached with the correct date. The cases on Exhibit 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 Coloplast, 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 (hereinafter referred to as "Wave 8 cases") becomes subject to the deadlines in this Docket Control Order.; and 4. The following deadlines immediately apply in all Coloplast 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 Ethicon Wave 8 cases: Plaintiff Fact Sheets due 02/15/2019; Defendant Fact Sheets due 02/22/2019; Deadline for written discovery requests due 03/25/2019; Expert disclosures served by plaintiffs due 05/24/2019; Expert disclosure served by defendants due 06/24/2019; Expert disclosure served for rebuttal due 07/01/2019; Deposition deadline and close of discovery due 08/01/2019; Filing of dispositive motions due 08/14/2019; Response to dispositive motions due 08/28/2019; Reply to response to dispositive motions due 09/04/2019; Filing of Daubert motions due 08/14/2019; Responses to Daubert motions due 08/29/2019; Reply to response to Daubert motions due 09/05/2019. B. MOTION PRACTICE. 3. Confidential Documents. Any consolidated motion to seal is due on or before 6/27/2019, and any response is due by 7/11/2019. Any reply is due by 7/18/2019. The court expects full compliance with Local Rule of Civil Procedure 26.4(c). C. CASES READY FOR TRANSFER, REMAND OR TRIAL 1. Venue Recommendations. By no later than 7/8/2019, 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 7/15/2019. Signed by Judge Joseph R. Goodwin on 2/5/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2387; Coloplast Wave 8 cases identified on Exhibits A and B) (kab) [Transferred from West Virginia Southern on 9/26/2019.]
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Filing 11
PRETRIAL ORDER # 149 (Docket Control Order Coloplast Wave 8 Cases) The cases on Exhibit 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 Coloplast, 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 (hereinafter referred to as "Wave 8 cases") becomes subject to the deadlines in this Docket Control Order.; and 4. The following deadlines immediately apply in all Coloplast 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 Ethicon Wave 8 cases: Plaintiff Fact Sheets due 02/15/2019; Defendant Fact Sheets due 02/22/2019; Deadline for written discovery requests due 03/25/2019; Expert disclosures served by plaintiffs due 05/24/2019; Expert disclosure served by defendants due 06/24/2019; Expert disclosure served for rebuttal due 07/01/2019; Deposition deadline and close of discovery due 08/01/2019; Filing of dispositive motions due 08/14/2019; Response to dispositive motions due 08/28/2019; Reply to response to dispositive motions due 09/04/2019; Filing of Daubert motions due 08/14/2019; Responses to Daubert motions due 08/29/2019; Reply to response to Daubert motions due 09/05/2019. B. MOTION PRACTICE. 3. Confidential Documents. Any consolidated motion to seal is due on or before 6/27/2019, and any response is due by 7/11/2019. Any reply is due by 7/18/2019. The court expects full compliance with Local Rule of Civil Procedure 26.4(c). C. CASES READY FOR TRANSFER, REMAND OR TRIAL 1. Venue Recommendations. By no later than 7/8/2019, 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 7/15/2019. Signed by Judge Joseph R. Goodwin on 2/4/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2387; Coloplast Wave 8 cases identified on Exhibits A and B) (mek) [Transferred from West Virginia Southern on 9/26/2019.]
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| Filing 10 AMENDED SHORT FORM COMPLAINT filed by Rita Armstead, William Armstead, Jr. against Coloplast Corp. (Clark, Clayton) [Transferred from West Virginia Southern on 9/26/2019.] |
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Filing 9
ORDER (Dismissing Defendant Boston Scientific Corp. with Prejudice and Transferring Case to MDL 2387) granting #6 JOINT MOTION by Rita Armstead, William Armstead, Jr., Boston Scientific Corporation to Dismiss Defendant Boston Scientific Corporation With Prejudice and Plaintiff's Transfer to MDL 2387; Plaintiffs' counsel is DIRECTED to file an Amended Short Form Complaint, if applicable, within the time frame stated in the motion; Defendant BSC is DISMISSED WITH PREJUDICE as a defendant in this action and this action is TRANSFERRED to MDL 2387; the Clerk is DIRECTED to disassociate the civil action as member case in MDL 2326 and reassociate it with MDL 2387. Signed by Judge Joseph R. Goodwin on 10/25/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (mek) [Transferred from West Virginia Southern on 9/26/2019.]
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| Filing 8 STIPULATION OF SETTLEMENT BETWEEN CERTAIN PARTIES (Relief from deadlines set forth in PTO #175) by Boston Scientific Corporation, William Armstead, Jr., Rita Armstead (Strongman, Jon) (Modified on 9/1/2018 to add party filers) (ts). [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Lana K. Varney on behalf of Coloplast Corp.. (Varney, Lana) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 6 JOINT MOTION by Rita Armstead, William Armstead, Jr., Boston Scientific Corporation to Dismiss Defendant Boston Scientific Corporation With Prejudice and Transfer to MDL 2387 (Clark, Clayton) (Modified on 6/22/2018 to add party filer) (kp). [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 5 PLAINTIFF PROFILE FORM filed by Rita Armstead. (Moreland, W.) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 4 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon Strongman on 6/15/2018. Boston Scientific Corporation waiver mailed on 6/14/2018, answer due 8/13/2018. (Strongman, Jon) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jon A. Strongman on behalf of Boston Scientific Corporation. (Strongman, Jon) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 184 (Order Re: Qualified Settlement Fund - Boston Scientific Corp. and Ashcraft & Gerel, LLP) entered on 05/29/2018 in MDL 2326 to attorneys in member case. (mmw) [Transferred from West Virginia Southern on 9/26/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-6542522. (Attachment: #1 Civil Cover Sheet) (tlg) [Transferred from West Virginia Southern on 9/26/2019.] |
| IMPORTANT NOTICE: The United States District Court for the Southern District of West Virginia (WVSD) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, June 11, 2018. The WVSD CM/ECF system will be unavailable from 12:00pm (noon) on Friday, June 8, 2018 until 6:00am on Monday, June 11, 2018. Preparing for NextGen CM/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your WVSD e-filing account in the new NextGen CM/ECF system on or after June 11, 2018. Instructions for linking your account can be found at #http://www.wvsd. uscourts.gov/pdfs/NextGen/WVSD_Link_PACER_to_CM-ECF.pdf. If you have any additional questions please call the WVSD Clerk's Office CM/ECF Help Desk at (304)-347-3111. (mwk) (ADI) [Transferred from West Virginia Southern on 9/26/2019.] |
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