Ross v. C.R. Bard Incorporated et al
Plaintiff: Charles Theodore Ross
Defendant: C.R. Bard, Inc. and Bard Peripheral Vascular, Inc.
Case Number: 3:2021cv00046
Filed: February 24, 2021
Court: US District Court for the District of North Dakota
Presiding Judge: Alice R Senechal
Referring Judge: Peter D Welte
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Both
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This docket was last retrieved on June 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 22, 2021 Opinion or Order Filing 23 ORDER Adopting #21 Stipulation of Dismissal filed by Charles Theodore Ross by Chief Judge Peter D. Welte. (TH)
June 22, 2021 Opinion or Order Filing 22 (Text Only) ORDER by Magistrate Judge Alice R. Senechal. The Status Conference set for 6/22/2021 is canceled in light of the #21 Stipulation of Dismissal filed by the parties. (AKS)
June 22, 2021 DOCKET CORRECTION re: #20 NOTICE of Appearance. Clerk's Office replaced document with nonfillable.pdf. (pb)
June 22, 2021 Deadlines and Hearings Terminated. Status Conference set for 6/22/2021 at 11:30 AM by telephone before Magistrate Judge Alice R. Senechal is CANCELLED per ORDER at 22 . (sj)
June 22, 2021 Civil Case Terminated. (sj)
June 21, 2021 Filing 21 STIPULATION of Dismissal by Charles Theodore Ross. (Chavez, Mark)
June 21, 2021 Filing 20 NOTICE of Appearance by Mark Edward Chavez on behalf of Charles Theodore Ross (Chavez, Mark) (Main Document 20 replaced with nonfillable .pdf on 6/22/2021) (pb).
June 21, 2021 Filing 19 NOTICE of Hearing: Status Conference RESET for 6/22/2021 at 11:30 AM by telephone before Magistrate Judge Alice R. Senechal. (Previously set for 9:30 AM - Time change only). Plaintiff shall initiate the call. The telephone number for chambers is 701-297-7070. (AS)
June 10, 2021 Filing 18 NOTICE of Hearing: Status Conference set for 6/22/2021 at 09:30 AM by telephone before Magistrate Judge Alice R. Senechal. Plaintiff shall initiate the call. The telephone number for chambers is 701-297-7070. (AS)
March 10, 2021 Opinion or Order Filing 17 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting the #14 Motion to Substitute Attorney. (AKS)
March 9, 2021 Opinion or Order Filing 16 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #15 Motion to Appear Pro Hac Vice for Attorney Brandee J. Kowalzyk. (cjs)
March 9, 2021 Filing 15 MOTION to Appear Pro Hac Vice Attorney Brandee J. Kowalzyk (Filing fee $150, receipt number ANDDC-2136160) by Bard Peripheral Vascular, Inc., C.R. Bard, Inc.. (Kowalzyk, Brandee) Modified on 3/9/2021 to add receipt number (cjs).
March 9, 2021 Filing 14 MOTION to Substitute Attorney by Bard Peripheral Vascular, Inc., C.R. Bard, Inc.. (Pelham, Zachary)
March 5, 2021 Filing 13 NOTICE of Appearance by Zachary E. Pelham on behalf of Bard Peripheral Vascular, Inc., C.R. Bard, Inc. (Pelham, Zachary)
February 24, 2021 Filing 12 SUPPLEMENTAL PLEADINGS AND DOCKET SHEET FILED IN MDL CASE NO. 2641. (Attachments: #1 MDL No. 2641 - CASE MANAGEMENT ORDER NO. 1 (doc. 248), #2 MDL No. 2641 - CASE MANAGEMENT ORDER NO. 2 (doc. 249), #3 MDL No. 2641 STIPULATED PROTECTIVE ORDER (doc. 269), #4 MDL No. 2641 - MASTER SHORT FORM COMPLAINT FOR DAMAGES FOR INDIVIDUAL CLAIMS (doc. 303-2), #5 MDL No. 2641 - PRETRIAL ORDER NO. 3 (Non-Waiver Order Pursuant to Rule 502(d) of the Federal Rules of Evidence) (doc. 314), #6 MDL No. 2641 - CASE MANAGEMENT ORDER NO. 4 (Master Complaint, Master Responsive Pleading, Use of Short Form Complaint, and Waiver of Service for Bard Defendants) (doc. 363), #7 MDL No. 2641 - CASE MANAGEMENT ORDER NO. 5 (Plaintiff and Defendant Profile Forms) (doc. 365), #8 MDL No. 2641 - CASE MANAGEMENT ORDER NO. 6 (RULES, POLICIES, PROCEDURES, GUIDELINES RELATING TO ESTABLISHING COMMON BENEFIT FEE AND EXPENSE FUND) (doc. 372), #9 MDL No. 2641 - CASE MANAGEMENT ORDER NO. 7 (Stipulation and Order Concerning Redactions of Material from Additional Adverse Event Reports, Complaints, and Other Documents) (doc. 401), #10 MDL No. 2641 - CASE MANAGEMENT ORDER NO. 8 (doc. 519), #11 MDL No. 2641 - ORDER granting Motion for Protective Order (306). Dr. John Lehmann's December 15, 2004, report is protected work product pursuant to Federal Rule of Civil Procedure 26(b)(3) (doc. 699), #12 MDL No. 2641 - AMENDED CASE MANAGEMENT ORDER NO. 5 (Plaintiff and Defendant Profile Forms) (doc. 927), #13 MDL No. 2641 - AMENDED CASE MANAGEMENT ORDER NO. 4 (Master Complaint, Master Responsive Pleading, Use of Short Form Complaint, Waiver of Service for Bard Defendants, and Answer and General Denial in Cases Subsequently Transferred to MDL 2641) (doc. 1108), #14 MDL No. 2641 - PLAINTIFF FACT SHEET (doc. 1153-1), #15 MDL No. 2641 - DEFENDANT FACT SHEET (doc. 1153-2), #16 MDL No. 2641 - CASE MANAGEMENT ORDER NO. 9 __ (ELECTRONICALLY STORED INFORMATION AND DOCUMENT FORM AND FORMAT PRODUCTION PROTOCOL) (doc. 1259), #17 MDL No. 2641 - CASE MANAGEMENT ORDER NO. 10 (doc. 1319), #18 MDL No. 2641 - SECOND AMENDED CASE MANAGEMENT ORDER NO. 4 (Master Complaint, Master Responsive Pleading, Use of Short Form Complaint, Waiver of Service for Bard Defendants, and Answer and General Denial in Cases Subsequently Transferred to MDL 2641) (doc. 1485), #19 MDL No. 2641 - CASE MANAGEMENT ORDER NO. 11 (Bellwether Selection Process) (doc. 1662), #20 MDL No. 2641 - CASE MANAGEMENT ORDER NO. 12 (Joint Record Collection) (doc. 1663), #21 MDL No. 2641 - CASE MANAGEMENT ORDER NO. 13 (doc. 2238), #22 MDL No. 2641 - CASE MANAGEMENT ORDER NO. 14 (Deposition Protocols) (doc. 2239), #23 MDL No. 2641 - ORDER granting/denying in part (1214) Motion to Compel (doc. 2813), #24 MDL No. 2641 - CASE MANAGEMENT ORDER NO. 15 (doc. 3214), #25 MDL No. 2641 - CASE MANAGEMENT ORDER NO. 16 ___ (Deadlines Related to Barraza, et al. v. C. R. Bard, Inc., et al.) (doc. 3215), #26 MDL No. 2641 - TEXT ONLY ORDER re: the memoranda provided by the parties on the deposition of Jim Beasley (3272), #27 MDL No. 2641 - TEXT ONLY ORDER re: the memoranda recently filed by the parties on three discovery issues. Docs. 3306, 3308 (doc. 3312), #28 MDL No. 2641 - TEXT ONLY ORDER on the second discovery issue (see Doc. 3312), the Court will not require Plaintiffs to produce information regarding their communications with NBC or other media outlets (doc. 3313), #29 MDL No. 2641 - TEXT ONLY ORDER on the third discovery issue (see Doc. 3312), the Court will not require Plaintiffs to produce information regarding third-party funding arrangements (doc. 3314), #30 MDL No. 2641 - CASE MANAGEMENT ORDER NO. 17 (Stipulation and Order Concerning Protective Order and Redactions of Material from Defendants Expedited ESI Production) (doc. 3372), #31 MDL No. 2641 - ORDER Re Discoverability of Certain Electronically Stored Information ("ESI") Generated by Foreign Entities (subsidiaries or divisions of Defendant C.R. Bard) that Sell IVC Filters Abroad. The Court will deny Plaintiffs' request for this discovery (doc. 3398), #32 MDL No. 2641 - CASE MANAGEMENT ORDER NO. 18 (doc. 3685), #33 MDL No. 2641 - AMENDED CASE MANAGEMENT ORDER NO. 17 (Stipulation and Order Concerning Protective Order and Redactions of Material from Defendants Expedited ESI Production) (doc. 4015), #34 MDL No. 2641 - AMENDED CASE MANAGEMENT ORDER NO. 1 (doc. 4016), #35 MDL No. 2641 - AMENDED CASE MANAGEMENT ORDER NO. 16 (Deadlines Related to Barraza, et al. v. C. R. Bard, Inc., et al.) (doc. 4141), #36 MDL No. 2641 - CASE MANAGEMENT ORDER NO. 19 (doc. 4311), #37 MDL No. 2641 - CASE MANAGEMENT ORDER NO. 20 (Discovery Deadlines for Discovery Group 1 and Bellwether Group 1) (doc. 4335), #38 MDL No. 2641 - TEXT ONLY ORDER RE: the parties' briefing on proposed depositions of Plaintiffs' counsel. The Court agrees that depositions of opposing counsel should be employed only in limited circumstances (doc. 4339), #39 MDL No. 2641 - TEXT ONLY ORDER re: briefing on issues in dispute with respect to Discovery Group 1. Docs. 4503, 4505, 4608, 4639 concluding that limitations should not be placed on Plaintiffs' ex parte communications with treating physicians (doc. 4865), #40 MDL No. 2641 - CASE MANAGEMENT ORDER NO. 21 (Discovery Protocols for Discovery Group 1) (doc. 4866), #41 MDL No. 2641 - CASE MANAGEMENT ORDER NO. 22 (doc. 5007), #42 MDL No. 2641 - SECOND AMENDED CASE MANAGEMENT ORDER NO. 1 (doc. 5285), #43 MDL No. 2641 - CASE MANAGEMENT ORDER NO. 23 (doc. 5770), #44 MDL No. 2641 - CASE MANAGEMENT ORDER NO. 23 (Discovery Protocols for Bellwether Group 1) (doc. 5881), #45 MDL No. 2641 - AMENDED CASE MANAGEMENT ORDER NO. 24 (Discovery Protocols for Bellwether Group 1) (doc. 5883), #46 MDL No. 2641 - CASE MANAGEMENT ORDER NO. 25 (Bellwether Group 1 Amended Discovery Schedule) (doc. 6227), #47 MDL No. 2641 - CASE MANAGEMENT ORDER NO. 26 (doc. 6799), #48 MDL No. 2641 - CASE MANAGEMENT ORDER NO. 27 (doc. 8113), #49 MDL No. 2641 - ORDER that Plaintiffs need not produce the withheld expert communications or provide a privilege log on these communications to Defendants (doc. 8315), #50 MDL No. 2641 - CASE MANAGEMENT ORDER NO. 28 (doc. 8871), #51 MDL No. 2641 - ORDER denying (5396) Motion for Summary Judgment (doc. 8872), #52 MDL No. 2641 - ORDER re: REDACTED ORDER re: (8873) Order on Motion for Summary Judgment, (7456) MOTION for Summary Judgment and Defendants' Motion & Memorandum in Support of Motion for Partial Summary Judgment of Plaintiff Sherr-Una Booker's Claims filed by Bard Peripheral Vascular Incorporated and C.R. Bard Inc. (doc. 8874), #53 MDL No. 2641 - CASE MANAGEMENT ORDER NO. 29 (doc. 9415), #54 MDL No. 2641 - ORDER denying (5677) Defendants' motion to disqualify Thomas Kinney, M.D. as an expert for Plaintiffs and granting (6682) Plaintiffs' motion for leave to file a surreply. (doc. 9428), #55 MDL No. 2641 - ORDER denying as moot (6678) Defendants' motion to disqualify experts, with respect to Dr. Resnick and is otherwise denied. The Court enters this order in reliance on Plaintiffs' avowal that Dr. Resnick will have no further involvement in this case (doc. 9432), #56 MDL No. 2641 - ORDER granting in part and denying in part (7308) and (7309) Defendants' motions to exclude the opinions Drs. Suzanne Parisian and David Kessler (doc. 9433), #57 MDL No. 2641 - ORDER granting in part and denying in part (7296) Defendants' motion to exclude expert opinions (doc. 9434), #58 MDL No. 2641 - ORDER granting (7291) Motion to Exclude the Opinions of Dr. Mark Eisenberg (doc. 9770), #59 MDL No. 2641 - ORDER granting/denying in part (7304) Motion to Exclude the Opinions of Dr. Derek Muehrcke (doc. 9771), #60 MDL No. 2641 - ORDER granting/denying in part (7302) Motion to Exclude the Opinions of Dr. Darren Hurst. The motion is granted as follows: Dr. Hurst cannot (1) opine that Bard filters have higher complication rates than other IVC filters and have unacceptable risks of caudal migration, or (2) render opinions about Bard's internal knowledge, its internal testing and development practices, or the truthfulness of its representations in general (doc. 9772), #61 MDL No. 2641 - ORDER denying (7288) Motion to Exclude the Opinions of Rebecca Betensky, Ph.D (doc. 9773), #62 MDL No. 2641 - CASE MANAGEMENT ORDER NO. 30 (doc. 9775), #63 MDL No. 2641 - JOINT STIPULATION ON MOTION IN LIMINE (doc. 9861), #64 MDL No. 2641 - ORDER denying (9529) Motion in Limine (doc. 9881), #65 MDL No. 2641 - ORDER denying as moot (7326) Motion in Limine (doc. 9991), #66 MDL No. 2641 - ORDER granting in part (7314) Motion in Limine to exclude the opinions of Robert McMeeking, Ph.D (doc. 10051), #67 MDL No. 2641 - ORDER granting in part (7316) Motion in Limine to Exclude the Opinions of Robert Ritchie, Ph.D (doc. 10052), #68 MDL No. 2641 - ORDER granting/denying in part (7294) Motion to Exclude the Opinions of Drs. David Garcia and Michael Streiff (doc. 10072), #69 MDL No. 2641 - ORDER granting (9865) Defendants' Motion in Limine No. 4 (Photograph of Michael Randall); denying (9866) Plaintiffs' Motion in Limine No. 2 (benevolent activities); granting (9868) Defendants' Motion in Limine No. 5 (Dr. Kinneys work for Bard); denying as moot (9870) Plaintiffs' Motion in Limine No. 5 (evidence not produced in complaint files); granting (9872) Plaintiffs' Motion in Limine No. 7 (prior judicial opinions); granting (9873) Plaintiffs' Motion in Limine No. 8 (adverse impact of a plaintiffs verdict); denying (9876) Plaintiffs' Motion in Limine No. 11 (informed consent form); granting (9877) Plaintiffs' Motion in Limine No. 12 (Dr. Kangs social media posts); denying (9879) Plaintiffs' Motion in Limine No. 14 (personal traits of employees and witnesses) (doc. 10075), #70 MDL No. 2641 - ORDER denying (7324) Motion in Limine (doc. 10230), #71 MDL No. 2641 - ORDER denying (7320) Motion in Limine re opinions of Dr. Christopher Morris (doc. 10231), #72 MDL No. 2641 - *SEALED* ORDER pursuant to 9861 Stipulation: joint stipulation on motions in limine granted. SEALED Pursuant to Order (10356) (doc. 10235), #73 MDL No. 2641 - ORDER denying (9862) Motion in Limine; denying (9863) Motion in Limine; granting (9864) Motion in Limine; denying (9867) Motion in Limine; denying (9869) Motion in
February 24, 2021 Filing 11 ANSWER to #10 Master Complaint with Jury Demand filed 12/17/2015 by Bard Peripheral Vascular, Inc. and C.R. Bard, Inc. (MDL Transfer case 2:15-md-2641) (lf)
February 24, 2021 Filing 10 MASTER COMPLAINT FOR DAMAGES FOR INDIVIDUAL CLAIMS filed 2/17/2015 against Bard Peripheral Vascular, Inc., C.R. Bard Inc. (MDL Transfer case 2:15-md-2641) filed by Charles Theodore Ross.(lf)
February 24, 2021 Filing 9 Case transferred in from District of Arizona; Case Number 2:18-cv-03278. Original file certified copy of transfer order and docket sheet received. Modified on 3/3/2021 to correct file date (lf).
February 24, 2021 Remark: Transferring Case to the District of North Dakota via electronic transfer. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
February 11, 2021 Opinion or Order 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)
February 9, 2021 Opinion or Order Filing 7 *AMENDED By Doc. #8 *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).
February 1, 2021 Opinion or Order 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)
January 23, 2020 Opinion or Order 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).
December 11, 2019 Opinion or Order 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 1/30/2020 (MAP).
November 22, 2019 Opinion or Order 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).
October 12, 2018 Filing 2 This case has been assigned to the Honorable David G Campbell, with member case number: CV-18-03278-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. (SLQ)
October 12, 2018 Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-16068072 filed by Charles T Ross. (Attachments: #1 Civil Cover Sheet)(SLQ)

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Plaintiff: Charles Theodore Ross
Represented By: David Paul Matthews
Represented By: Mark Edward Chavez
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Defendant: C.R. Bard, Inc.
Represented By: Zachary E. Pelham
Represented By: Brandee J. Kowalzyk
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Defendant: Bard Peripheral Vascular, Inc.
Represented By: Zachary E. Pelham
Represented By: Brandee J. Kowalzyk
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