McGinnis v. C.R. Bard, Inc. et al
Plaintiff: C. McGinnis
Defendant: Davol Inc and C.R. Bard Inc.
Case Number: 2:2018cv00835
Filed: August 10, 2018
Court: US District Court for the Southern District of Ohio
Office: Columbus Office
County: XX US, Outside State
Presiding Judge: Kimberly A Jolson
Referring Judge: Edmund A Sargus
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on August 17, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 17, 2018 Opinion or Order Filing 33 CASE MANAGEMENT ORDER NO. 1- Addressing Preliminary Issue and Setting an Status Conference for 9/5/2018 10:00 AM in Room 310 before Chief Judge Edmund A. Sargus.). Signed by Chief Judge Edmund A. Sargus and Magistrate Judge Kimberly A. Jolson on 8/17/2018. Associated Cases: 2:18-md-02846-EAS-KAJ et al. (daf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (daf).
August 10, 2018 Filing 32 Case transferred in from District of Illinois Central; Case Number 1:16-cv-01255. Original file electronic copy of transfer order and docket sheet received.
August 10, 2018 Chief Judge Edmund A. Sargus and Magistrate Judge Kimberly A. Jolson added. (er)
August 9, 2018 Case transferred to the SDOH. Case was electronically submitted to the transferee court (second attempt - first attempt was on 8/6/18). (TK, ilcd) [Transferred from Illinois Central on 8/10/2018.]
August 6, 2018 Filing 31 Conditional Transfer Order entered by Clerk, MDL Panel, transferring this case to the Southern District of Ohio. This case is terminated. (TK, ilcd) [Transferred from Illinois Central on 8/10/2018.]
August 3, 2018 Opinion or Order Filing 30 MDL Remark: TRANSFER ORDER re: pldg. ( #1 in MDL No. 2846) Transferring 55 action(s) to Judge Edmund A. Sargus, Jr. in the S.D. Ohio. Signed by Judge Sarah S. Vance, Chair, PANEL ON MULTIDISTRICT LITIGATION, on 8/2/2018. Associated Cases: MDL No. 2846 et al. (LAH) (TK, ilcd) [Transferred from Illinois Central on 8/10/2018.]
August 3, 2018 MDL Remark: MINUTE ORDER -- TO THE TRANSFEROR JUDGES/CLERKS OF THE ASSOCIATED CASES: This transmittal is for informational purposes only. No action is required at this time. A transfer order has been filed today in this litigation. Rule 2.1 of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, states... An order to transfer or remand pursuant to 28 U.S.C. 1407 shall be effective only upon its filing with the clerk of the transferee district court. You will receive a certified copy of this order from the transferee court along with notification of the newly assigned case number(s) in that district. With the advent of electronic filing, Rule 9.1 of the Panel Rules shall be satisfied upon transmittal of the portion of the file deemed necessary and requested by the transferee court. Signed by Clerk of the Panel Jeffery N. Luthi on 8/2/2018. Associated Cases: MDL No. 2846 et al. (LAH) (TK, ilcd) [Transferred from Illinois Central on 8/10/2018.]
May 4, 2018 Opinion or Order TEXT ONLY ORDER entered by Judge Michael M. Mihm on 5/4/2018. Having reviewed the Defendants Motion to Stay All Proceedings #29 , and the Plaintiff having not filed a response, the Court presumes there is no opposition to the Motion pursuant to Local Rule 7.1(B)(2). Accordingly, the Court GRANTS the Defendants Motion to Stay #29 . (RK, ilcd) [Transferred from Illinois Central on 8/10/2018.]
April 19, 2018 Filing 29 MOTION to Stay All Proceedings by Defendants C.R. Bard, Inc., Davol Inc.. Responses due by 5/3/2018 (Attachments: #1 Exhibit Exhibit 1 to Bard and Davol's Motion to Stay All Proceedings, #2 Exhibit Exhibit 2 to Bard and Davol's Motion to Stay All Proceedings, #3 Exhibit Exhibit 3 to Bard and Davol's Motion to Stay All Proceedings)(Woo, Maryanne) [Transferred from Illinois Central on 8/10/2018.]
April 17, 2018 Set Deadline as to #28 . Responses due by 4/30/2018 (VH, ilcd) [Transferred from Illinois Central on 8/10/2018.]
April 16, 2018 Remark: CD included with #28 held conventionally in Clerk's Office. (TK, ilcd) [Transferred from Illinois Central on 8/10/2018.]
April 16, 2018 Filing 28 Plaintiff's Notice for 1407 Coordination/Consolidation and Transfer of Related Actions to the Southern District of Ohio filed before the Judicial Panel on Multi-district Litigation. (TK, ilcd) Modified on 4/17/2018 to change event type (VH, ilcd). Modified on 4/18/2018 to change event type per LC11 (VH, ilcd). . [Transferred from Illinois Central on 8/10/2018.]
January 17, 2018 Opinion or Order TEXT ORDER granting #27 Joint Motion to Continue case management deadlines. The deadlines are extended as set out in the motion. Discovery due by 4/30/2018. Dispositive Motions due by 5/31/2018. Final Pretrial Conference set for 9/18/2018 at 3:30 PM and Jury Trial set for 10/15/2018 at 8:45 AM. Both hearings are set in Courtroom B in Peoria before Judge Michael M. Mihm. Entered by Magistrate Judge Jonathan E. Hawley on 1/17/18. (WG, ilcd) [Transferred from Illinois Central on 8/10/2018.]
January 17, 2018 Opinion or Order TEXT ORDER granting #27 Motion to Continue per prior text order of 1/17/18. Entered by Magistrate Judge Jonathan E. Hawley on 1/17/18. (WG, ilcd) [Transferred from Illinois Central on 8/10/2018.]
January 16, 2018 Filing 27 Joint MOTION to Continue / Reset Case Management Deadlines by Defendants C.R. Bard, Inc., Davol Inc.. Responses due by 1/30/2018 (Woo, Maryanne) [Transferred from Illinois Central on 8/10/2018.]
January 16, 2018 Filing 26 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 (Supplemental) by C.R. Bard, Inc., Davol Inc.. (Woo, Maryanne) [Transferred from Illinois Central on 8/10/2018.]
June 14, 2017 Opinion or Order Filing 25 TEXT ORDER: The Court adopts the Discovery Plan 24. Discovery due by 12/1/17. Dispositive Motions due by 1/15/18. Final Pretrial Conference set for 4/17/18 at 11:00 AM and Jury Trial set for 5/21/18 at 9:00 AM, BOTH in Courtroom B in Peoria before District Judge Mihm. The Rule 16 conference set in this matter is VACATED. Court stresses the importance of adhering to the schedule and procedures for requests to extend the schedule. If a dispute arises between the parties on any discovery issue, they are directed to promptly confer and, if said conference does not resolve the dispute, to contact the Court within 24 hours to schedule a hearing to resolve the dispute. Parties are reminded of their option to consent to proceed before US Magistrate Judge. See attached form. Parties are reminded of option of Court sponsored mediation/Settlement Conference. Counsel/Parties are reminded of the importance of appearing for hearings scheduled via telephone. Failure appear will result in in-person appearances for all further proceedings. Entered by Magistrate Judge Jonathan E. Hawley on 6/14/2017. (WG, ilcd)) [Transferred from Illinois Central on 8/10/2018.]
June 13, 2017 Filing 24 DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by C.R. Bard, Inc., Davol Inc.. (Woo, Maryanne) [Transferred from Illinois Central on 8/10/2018.]
May 30, 2017 Opinion or Order TEXT ORDER granting #23 Motion to Continue. Rule 16 Scheduling Conference set for 6/2/16 is CANCELLED and RESET to 6/16/2017 at 9:30 AM by telephone from Peoria (court will place call) before Magistrate Judge Jonathan E. Hawley. Agreed Proposed Discovery plan to be filed by 6/13/17. Entered by Magistrate Judge Jonathan E. Hawley on 5/30/17. (WG, ilcd) [Transferred from Illinois Central on 8/10/2018.]
May 26, 2017 Filing 23 Consent MOTION to Continue Rule 16 Scheduling Conference to June 16, 2017 at 9:30AM by Defendants C.R. Bard, Inc., Davol Inc.. Responses due by 6/9/2017 (Woo, Maryanne) [Transferred from Illinois Central on 8/10/2018.]
April 24, 2017 Opinion or Order Filing 22 TEXT ORDER: This case is set for a Rule 16 scheduling conference before Magistrate Judge Jonathan E. Hawley on 6/2/17 at 10:30 AM via telephone (Court to set up the call). If Counsel are to be reached at a number different than what is listed on the docket sheet, they are directed to phone Judge Hawley's courtroom deputy at 309-671-7117 and confirm the phone number where they may be reached for the call. A discovery plan pursuant to Fed. R. Civ. P. 26(f)(3) shall be filed on or before 5/30/17. The parties may, but are not required to, follow the format of the sample discovery plan set forth as Attachment A to the standing order attached to this text order. The Discovery Plan event may be found in the CM/ECF system within the other Documents category. All counsel must read and be familiar with the standing order attached to this text order prior to their Rule 26(f) planning meeting. Entered by Magistrate Judge Jonathan E. Hawley on 4/24/2017. Standing Order attached to this entry. (WG, ilcd) [Transferred from Illinois Central on 8/10/2018.]
April 21, 2017 Filing 21 ANSWER to #14 Amended Complaint by C.R. Bard, Inc., Davol Inc..(Woo, Maryanne) [Transferred from Illinois Central on 8/10/2018.]
March 31, 2017 Opinion or Order Filing 20 ORDER entered by Judge Michael M. Mihm on 3/31/2017. The Court has given considerable consideration to the issues raised in the Defendants Motion to Dismiss #15 , Plaintiffs Response #17 , Defendants Reply #19 , and finds that the Motion should be DENIED. Defendants are DIRECTED to file their answer to the Second Amended Complaint within 21 days of this Order. This matter is referred back to the Magistrate Judge for further handling.(RK, ilcd) [Transferred from Illinois Central on 8/10/2018.]
March 29, 2017 Filing 19 REPLY to Response to Motion re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Second Amended Complaint filed by Defendants C.R. Bard, Inc., Davol Inc.. (Woo, Maryanne) [Transferred from Illinois Central on 8/10/2018.]
March 24, 2017 Opinion or Order TEXT ONLY ORDER granting in part and denying in part #18 Motion to Strike. Defendants C.R. Bard and Davol Inc. request that the Court strike Plaintiff's untimely Response or in the alternative allow them to file a reply brief in support of their Motion to Dismiss is GRANTED IN PART and DENIED IN PART. The Motion is DENIED with respect to the striking of the Plaintiff's Response and GRANTED insofar as Defendants are given until March 29, 2017, to file a reply brief. Defendants correctly note Plaintiff's Response was filed outside the time frame allowed under the District's Local Rules without any explanation or request to do so. Plaintiff is admonished that any further failure to comply with the Local Rules may result in sanctions imposed by this Court, including up to dismissal of the case. Plaintiff's counsel should familiarize themselves with the District's Local Rules. Entered by Judge Michael M. Mihm on 3/24/2017. (MMM4, ilcd) [Transferred from Illinois Central on 8/10/2018.]
March 22, 2017 Filing 18 MOTION to Strike #17 Response to Motion , or in the Alternative, for Leave to File a Reply by Defendants C.R. Bard, Inc., Davol Inc.. Responses due by 4/5/2017 (Woo, Maryanne) [Transferred from Illinois Central on 8/10/2018.]
March 21, 2017 Filing 17 RESPONSE to Motion re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Second Amended Complaint filed by Plaintiff C. McGinnis. (Turner, Mercer) [Transferred from Illinois Central on 8/10/2018.]
February 28, 2017 Filing 16 MEMORANDUM in Support re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Second Amended Complaint filed by Defendants C.R. Bard, Inc., Davol Inc.. (Woo, Maryanne) [Transferred from Illinois Central on 8/10/2018.]
February 28, 2017 Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Second Amended Complaint by Defendants C.R. Bard, Inc., Davol Inc.. Responses due by 3/14/2017 (Woo, Maryanne) [Transferred from Illinois Central on 8/10/2018.]
February 14, 2017 Filing 14 AMENDED COMPLAINT Second Amended Complaint against All Defendants, filed by C. McGinnis.(Turner, Mercer) [Transferred from Illinois Central on 8/10/2018.]
January 24, 2017 Opinion or Order Filing 13 ORDER granting in part and denying in part #10 Defendants' Motion to Dismiss for Failure to State a Claim. The Motion is granted insofar as Plaintiff's one count Amended Complaint is DISMISSED WITHOUT PREJUDICE. Plaintiff is given 21 days to file a second amended complaint. This matter is again referred to the Magistrate Judge for further handling. Entered by Judge Michael M. Mihm on 1/24/2017. (RK, ilcd) [Transferred from Illinois Central on 8/10/2018.]
January 10, 2017 Filing 12 Letter to the Panel for Multi-District Litigation regarding the fact that this may be a possible tag-a-long case to the current MDL case pending in the District of Rhode Island re: Davol patches. (DK, ilcd) [Transferred from Illinois Central on 8/10/2018.]
January 5, 2017 Filing 11 Plaintiff's Response re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff C. McGinnis. (Turner, Mercer) Modified on 1/9/2017 to correct event type (VH, ilcd). [Transferred from Illinois Central on 8/10/2018.]
December 22, 2016 Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants C.R. Bard, Inc., Davol Inc.. Responses due by 1/5/2017 (Woo, Maryanne) [Transferred from Illinois Central on 8/10/2018.]
December 1, 2016 Opinion or Order TEXT ORDER granting #9 Motion for Extension of Time to Answer. Defendants C.R. Bard, Inc. and Davol Inc. shall file their responsive pleading by 12/23/2016. Entered by Magistrate Judge Jonathan E. Hawley on 12/1/16. (WG, ilcd) [Transferred from Illinois Central on 8/10/2018.]
November 30, 2016 Filing 9 Consent MOTION for Extension of Time to File Answer by Defendants C.R. Bard, Inc., Davol Inc.. Responses due by 12/19/2016 (Woo, Maryanne) [Transferred from Illinois Central on 8/10/2018.]
September 22, 2016 Opinion or Order TEXT ORDER: The Court grants #8 Motion for Extension of Time to respond to Plaintiff's Answer. Defendants have an extension of 60 days. Defendant C.R. Bard, Inc. answer due 12/2/2016; Defendant Davol Inc. answer due 12/2/2016. Entered by Magistrate Judge Jonathan E. Hawley on 09/22/2016. (MK1, ilcd) [Transferred from Illinois Central on 8/10/2018.]
September 21, 2016 Filing 8 Consent MOTION for Extension of Time to File Answer by Defendants C.R. Bard, Inc., Davol Inc.. Responses due by 10/11/2016 (Woo, Maryanne) [Transferred from Illinois Central on 8/10/2018.]
September 12, 2016 Filing 7 AMENDED COMPLAINT against All Defendants, filed by C. McGinnis.(Turner, Mercer) [Transferred from Illinois Central on 8/10/2018.]
July 18, 2016 Opinion or Order TEXT ORDER granting #6 Motion to Amend Complaint. Amended Complaint to be filed by 9/13/2016. Additionally, the Court grants #6 Motion for Extension of Time to Answer. Defendants shall have 21 days from the date of service to file their responsive pleading. Entered by Magistrate Judge Jonathan E. Hawley on 7/18/16. (WG, ilcd) [Transferred from Illinois Central on 8/10/2018.]
July 15, 2016 Filing 6 Consent MOTION to Amend/Correct Complaint, Consent MOTION for Extension of Time to File Answer to Amended Complaint by Defendants C.R. Bard, Inc., Davol Inc.. Responses due by 8/1/2016 (Woo, Maryanne) [Transferred from Illinois Central on 8/10/2018.]
July 15, 2016 Filing 5 NOTICE of Appearance of Attorney by Maryanne Chongmee Woo on behalf of C.R. Bard, Inc., Davol Inc. (Woo, Maryanne) [Transferred from Illinois Central on 8/10/2018.]
July 11, 2016 Filing 4 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Davol Inc.. (Hartmann, Albert) [Transferred from Illinois Central on 8/10/2018.]
July 11, 2016 Filing 3 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by C.R. Bard, Inc.. (Hartmann, Albert) [Transferred from Illinois Central on 8/10/2018.]
July 11, 2016 Filing 2 NOTICE of Appearance of Attorney by Albert E Hartmann on behalf of C.R. Bard, Inc., Davol Inc. (Hartmann, Albert) [Transferred from Illinois Central on 8/10/2018.]
July 11, 2016 Filing 1 NOTICE OF REMOVAL from Ciruit Court of the Eleventh Judicial Circuit, case number 2016 L 21 (Filing fee $ 400 receipt number 0753-2357943), filed by Davol Inc., C.R. Bard, Inc.. (Attachments: #1 Exhibit A - Complaint, #2 Civil Cover Sheet Civil Cover Sheet)(Hartmann, Albert) [Transferred from Illinois Central on 8/10/2018.]

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Defendant: Davol Inc
Represented By: Albert E Hartmann
Represented By: Maryanne Chongmee Woo
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Defendant: C.R. Bard Inc.
Represented By: Albert E Hartmann
Represented By: Maryanne Chongmee Woo
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Plaintiff: C. McGinnis
Represented By: Mercer Dean Turner
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