SPRING v. C R BARD INCORPORATED et al
| THOMAS RICHARD SPRING |
| C R BARD INCORPORATED and BARD PERIPHERAL VASCULAR INCORPORATED |
| 1:2019cv01081 |
| October 22, 2019 |
| US District Court for the Middle District of North Carolina |
| CATHERINE C EAGLES |
| JOI ELIZABETH PEAKE |
| THOMAS D SCHROEDER |
| 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 December 20, 2019. A more recent docket listing may be available from PACER.
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| MEDIATION SCHEDULING ORDER; Selection of Mediator due by 1/20/2020. Mediation due by 9/30/2020.(Kemp, Donita) |
Filing 24
SCHEDULING ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 12/18/2019; that the Court adopts the Amended Joint Rule 26(f) Report as modified above and as further discussed at the Initial Pretrial Conference. Discovery due by 9/30/2020. Mediation due by 9/30/2020. The Parties have until January 20, 2020, to designate a mediator and notify the Court of that designation. Plaintiff's Amended Pleadings due by 8/1/2020. Defendants' Amended Pleadings due by 8/1/2020. Joinder of Parties for Plaintiff due by 8/1/2020. Joinder of Parties for Defendant due by 8/1/2020. Motions due by 10/30/2020. The parties estimate this case will require 12-14 trial days. (Sheets, Jamie)
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| Filing 23 NOTICE of Change of Address by STEPHEN G. DANIEL (DANIEL, STEPHEN) |
| Motions Referred: RE: #22 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim) |
| Minute Entry for proceedings held before MAG/JUDGE JOI ELIZABETH PEAKE: Initial Pretrial Conference held on 12/12/2019. Attorneys Brian Kinsley and Stephen Daniel present as counsel for Plaintiffs, Attorneys Paul Osowski and William Starr present as counsel for Defendants. Deadlines discussed, written order forthcoming. Proceedings recorded. (Garrett, Kim) |
| Filing 22 Rule 26(f) Report (Joint) filed by all parties by BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INCORPORATED. (Attachments: #1 Exhibit MDL Stip P.O., #2 Exhibit MDL CMO No. 7, #3 Exhibit MDL CMO No. 17, #4 Exhibit MDL CMO No. 14, #5 Exhibit MDL CMO No. 12)(OSOWSKI, PAUL) |
| Filing 21 NOTICE by BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INCORPORATED (Attachments: #1 Exhibit MDL Master Answer, #2 Exhibit MDL CMO No. 4, #3 Exhibit MDL NOA)(OSOWSKI, PAUL) |
| Filing 20 Corporate Disclosure Statement by BARD PERIPHERAL VASCULAR INCORPORATED identifying Corporate Parent BECTON DICKINSON AND COMPANY, Corporate Parent C.R. BARD, INC. for BARD PERIPHERAL VASCULAR INCORPORATED.. (OSOWSKI, PAUL) |
| Filing 19 Corporate Disclosure Statement by C R BARD INCORPORATED identifying Corporate Parent BECTON DICKINSON AND COMPANY for C R BARD INCORPORATED.. (OSOWSKI, PAUL) |
| TEXT ORDER by MAG/JUDGE JOI ELIZABETH PEAKE on 12/9/19. The Parties filed what is labeled as a Joint Rule 26(f) Report. However, the Report notes fundamental disagreement regarding the scope of discovery. In addition, the proposed schedule is not limited to a total discovery period of 9 months (including experts) as provided in the schedule in Averett v. Bard (19cv911 Order dated Oct. 23, 2019). Therefore, the case remains on for Initial Pretrial Conference on December 12, 2019 at 9:30.(Garrett, Kim) |
| Motions Referred: RE: #17 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim) |
| Filing 18 NOTICE OF FILING OF MDL ORDERS AND OTHER DOCUMENTS by BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INCORPORATED. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(OSOWSKI, PAUL) Modified on 12/6/2019 to edit title. (Sheets, Jamie) |
| Filing 17 Rule 26(f) Report (Joint) filed by all parties by BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INCORPORATED. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(OSOWSKI, PAUL) |
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Filing 16
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 12/5/2019; that the Motion to Withdraw [Doc. #15 ] is GRANTED, and John Dalimonte and Paul L. Stoller of Dalimonte Rueb Stoller, LLP, located in Boston, Massachusetts, and Phoenix, Arizona are hereby WITHDRAWN as attorneys of record for Plaintiff. Stephen "Buck" Daniel of the law firm Dalimonte Rueb Stoller, LLP, and Brian Kinsley of Crumley Roberts, LLP remain as counsel of record for Plaintiff. (Sheets, Jamie)
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| Motions Referred: RE: #15 Consent MOTION to Withdraw as Attorney STEPHEN G. DANIEL to MAG/JUDGE JOI ELIZABETH PEAKE. (Sanders, Marlene) |
| Filing 15 Consent MOTION to Withdraw as Attorney STEPHEN G. DANIEL by on behalf of THOMAS RICHARD SPRING. (DANIEL, STEPHEN) |
| Filing 14 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) |
| Filing 13 NOTICE of Appearance by attorney STEPHEN G. DANIEL on behalf of Plaintiff THOMAS RICHARD SPRING (DANIEL, STEPHEN) |
| Filing 12 NOTICE of Appearance by attorney WILLIAM MICHAEL STARR on behalf of Defendants BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INCORPORATED (STARR, WILLIAM) |
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Filing 11
ORDER signed by JUDGE CATHERINE C. EAGLES on 10/31/2019; 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 November 14, 2019, counsel shall have a preliminary meet-and-confer about 1) pleadings, 2 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 or waiving these disclosures; 5) settlement and mediation, and 6) insuring appropriate MDL orders and other documents are filed electronically in this case. See Doc. #3 at 30-31. 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 December 6, 2019, which is two weeks after the last possible date for compliance with the Local Rules, the parties shall file a Joint Status Report. Subject to change after the Court reviews the Joint Status Report, the case is set for initial pretrial conference before the Magistrate Judge on December 12, 2019, at 9:30 a.m. in Courtroom 3, Winston-Salem, see LR 16.1(b), and the Local Rules apply. (Sheets, Jamie)
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| Filing 10 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) |
| Set Deadlines: Joint Status Report due by 12/6/2019. (Sheets, Jamie) |
| Filing 9 STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
| CASE REFERRED RE: #3 Suggestion of Remand to JUDGE CATHERINE C. EAGLES (Sanders, Marlene) |
| Filing 8 NOTICE of Appearance by attorney BRIAN L. KINSLEY on behalf of Plaintiff THOMAS RICHARD SPRING (KINSLEY, BRIAN) |
| Case Reassigned to JUDGE CATHERINE C. EAGLES and MAG/JUDGE JOI ELIZABETH PEAKE (see 19cv917). CHIEF JUDGE THOMAS D. SCHROEDER, MAG/JUDGE JOE L. WEBSTER no longer assigned to the case. (Powell, Gloria) |
| Filing 7 ECF 30 Day Notice as to Attorney RICHARD B. NORTH, JR. ECF 30 Day Notice due by 11/22/2019. (Sheets, Jamie) |
| Filing 6 ECF 30 Day Notice as to Attorney PAUL LINCOLN STOLLER. ECF 30 Day Notice due by 11/22/2019. (Sheets, Jamie) |
| Filing 5 ECF 30 Day Notice as to Attorney JOHN A. DALIMONTE. ECF 30 Day Notice due by 11/22/2019. (Sheets, Jamie) |
| Case ASSIGNED to CHIEF JUDGE THOMAS D. SCHROEDER and MAG/JUDGE JOE L. WEBSTER. (Sheets, Jamie) |
| Filing 4 Case transferred in from District of Arizona; Case Number 2:19-cv-02123. 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 10/22/2019.] |
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Filing 3
SUGGESTION OF REMAND ANDTRANSFER ORDER (SECOND). (See document for details). Signed by Senior Judge David G Campbell on 10/17/19. (SLQ) [Transferred from Arizona on 10/22/2019.]
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| Filing 2 This case has been assigned to the Honorable David G. Campbell, with member case number: CV-19-2123-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 10/22/2019.] |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-16724003 filed by Thomas Richmond Spring. (Attachments: #1 Civil Cover Sheet)(MAP) [Transferred from Arizona on 10/22/2019.] |
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