TERRELL v. C R BARD INCORPORATED et al
| DONALD TERRELL |
| C R BARD INCORPORATED and BARD PERIPHERAL VASCULAR INCORPORATED |
| 1:2021cv00163 |
| February 25, 2021 |
| 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 Diversity-Product Liability |
| Both |
Docket Report
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| Filing 25 STIPULATION of Dismissal of Joint Stipulation of Dismissal Without Prejudice by BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INCORPORATED. (STARR, WILLIAM) |
| Case Reported Settled. Stipulation of Dismissal due by 8/16/2021. (Sanders, Marlene) |
| Filing 24 NOTICE of Settlement by BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INCORPORATED (STARR, WILLIAM) |
| Filing 23 REVISED STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES (Winchester, Robin) |
Filing 22
ORDER Appointing CRAIG W. PHILLIPS, as the Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Bond, Melisa)
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| MEDIATION SCHEDULING ORDER; Mediation due by 7/2/2021. (Bond, Melisa) |
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Filing 21
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 4/20/2021. The Court adopts the Status Report and Joint Rule 26(f) Report (Doc. #20 ) as modified herein. The Case-Management Track for this case is Exceptional. All discovery due April 15, 2022. Dispositive motions due 5/15/2022. As provided in the Court's prior Orders mediation must be conducted by July 2, 2021, with additional mediated settlement conferences by January 18, 2022 and by April 15, 2022. The Parties have selected Craig Phillips as the mediator. (Daniel, J)
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| Set Scheduling Order Deadlines:. Discovery due by 4/15/2022. Dispositive motions due by 5/15/2022. Mediation due by 4/15/2022. (Daniel, J) |
| Filing 20 JOINT STATUS REPORT filed by all parties. Est. Trial Days: 12-14. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(STARR, WILLIAM) |
| Filing 19 NOTICE of Special Appearance by attorney RICHARD A. FREESE on behalf of Plaintiff DONALD TERRELL ( Filing fee $ 25 receipt number 0418-3019072.) (Attachments: #1 Exhibit Richard Freese-Cert of Good Standing)(FREESE, RICHARD) |
| Filing 18 ANSWER to #1 Complaint with Jury Demand by BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INCORPORATED. (Attachments: #1 Exhibit MDL Master Answer)(OSOWSKI, PAUL) |
| Filing 17 NOTICE of Attorney Appearance by attorney BRIAN L. KINSLEY on behalf of Plaintiff DONALD TERRELL (KINSLEY, BRIAN) |
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Filing 16
ORDER signed by JUDGE CATHERINE C. EAGLES on 3/1/2021 as set out herein. No later than April 16, 2021, the parties shall file a Joint Status Report. The Joint Status Report should provide all the information required by Local Rule 16.1 for a Rule 26(f) Report, and at a minimum provide a short overview of the disputed issues for trial. The case will be referred to mediation, and the parties shall advise the Court in the Joint Status Report of their agreed-upon mediator or their failure to agree. (Sheets, Jamie)
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| Filing 15 STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
| 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. (Sheets, Jamie) |
| Filing 14 NOTICE of Attorney Appearance by attorney WILLIAM MICHAEL STARR on behalf of Defendants BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INCORPORATED (STARR, WILLIAM) |
| Filing 13 Corporate Disclosure Statement by BARD PERIPHERAL VASCULAR INCORPORATED. (OSOWSKI, PAUL) |
| Filing 12 Corporate Disclosure Statement by C R BARD INCORPORATED. (OSOWSKI, PAUL) |
| 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 ASSIGNED to JUDGE CATHERINE C. EAGLES and MAG/JUDGE JOI ELIZABETH PEAKE. (Hicks, Samantha) |
| Filing 10 ECF 30 Day Notice as to Attorney DAVID P. MATTHEWS. ECF 30 Day Notice due by 3/29/2021. (Attachments: #1 ECF 30 Day Notice - RICHARD ARTHUR FREESE, #2 ECF 30 Day Notice - RICHARD B. NORTH, JR.) (Sheets, Jamie) |
| Filing 9 Case transferred in from District of Arizona; Case Number 2:18-cv-04490. Original file certified copy of transfer order and docket sheet received. |
| Remark: Transferring Case to the Middle District of North Carolina via electronic transfer. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 2/25/2021.] |
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Filing 8
AMENDED SUGGESTION OF REMAND AND TRANSFER ORDER (FIFTH). See Order for Complete Details. Signed by Senior Judge David G Campbell on 2/11/2021. (MAP) [Transferred from Arizona on 2/25/2021.]
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Filing 7
*AMENDED By doc. #6 *SUGGESTION OF REMAND AND TRANSFER ORDER (FIFTH). See Order for Complete Details. Signed by Senior Judge David G Campbell on 2/9/2021. (MAP) *Modified on 2/17/2021 (MAP). [Transferred from Arizona on 2/25/2021.]
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Filing 6
CASE MANAGEMENT ORDER NO. 49 - The dismissal orders in the cases listed on Attachment A are vacated. The Clerk is directed to reinstate each case in this MDL. See Order for Details. Signed by Senior Judge David G Campbell on 2/1/2021. (MAP) [Transferred from Arizona on 2/25/2021.]
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Filing 5
*VACATED By Doc. #6 *SECOND AMENDED ORDER granting Second Amended Stipulation (doc. 21388 in Lead MDL-15-2641) of Dismissal Without Prejudice. The claims of the Plaintiff Pamela M. Smith (CV-17-00916), which were erroneously dismissed in the prior amended stipulation, are reinstated in case MDL-15-2641. All other cases listed are dismissed in their entirety without prejudice to the re-filing of same, and the parties are to bear their own costs. Signed by Senior Judge David G Campbell on 1/23/20. (MAP) *Modified on 2/8/2021 (MAP). [Transferred from Arizona on 2/25/2021.]
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Filing 4
*AMENDED By Doc. #5 *AMENDED ORDER granting Amended Stipulation (doc. 21108 in Lead MDL-15-2641) of Dismissal Without Prejudice. The claims of the Plaintiffs are dismissed in their entirety without prejudice to the re-filing of same, and the parties are to bear their own costs. Signed by Senior Judge David G Campbell on 12/10/19. (MAP) *Modified on 2/5/2020 (MAP). [Transferred from Arizona on 2/25/2021.]
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Filing 3
*AMENDED by #4 * ORDER granting 20901 Stipulation of Dismissal Without Prejudice of the Listed Plaintiffs and Member Cases. The claims of the Plaintiffs are dismissed in their entirety without prejudice to the re-filing of same, and the parties are to bear their own costs. See Document for Complete Details. Signed by Senior Judge David G Campbell on 11/20/19. (MAP) Modified on 12/18/2019 (SLQ). [Transferred from Arizona on 2/25/2021.]
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| Filing 2 This case has been assigned to the Honorable David G. Campbell, with member case number: CV-18-4490-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 2/25/2021.] |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-16277042 filed by Donald Terrell. (Attachments: #1 Civil Cover Sheet)(MAP) [Transferred from Arizona on 2/25/2021.] |
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