Ripple v. C.R. Bard, Inc. et al
Jean L. Ripple |
Davol, Inc. and C.R. Bard Inc. |
Charles A Mancuso and Judith A. Bass |
2:2018cv00883 |
August 16, 2018 |
US District Court for the Southern District of Ohio |
Columbus Office |
XX US, Outside State |
Kimberly A Jolson |
Edmund A Sargus |
Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
28 U.S.C. § 1332 |
Defendant |
Docket Report
This docket was last retrieved on August 17, 2018. A more recent docket listing may be available from PACER.
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Filing 113 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). |
Filing 112 Case transferred in from District of Florida Southern; Case Number 2:16-cv-14455. Original file electronic copy of transfer order and docket sheet received. |
Filing 111 CONDITIONAL TRANSFER ORDER (CTO-1) transferring case to the Southern District of Ohio re: MDL 2846 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Edmund A. Sargus, Jr. (Signed by Jeffery N. Luthi, Clerk of the Panel). (mc) [Transferred from Florida Southern on 8/16/2018.] |
Filing 110 PAPERLESS ORDER granting #107 Motion to Stay. This case is stayed pending a ruling by the Judicial Panel on Multidistrict Litigation on the creation of a Bard hernia mesh MDL and on the transfer of this case to that MDL. Signed by Judge Robin L. Rosenberg on 4/27/2018. (bkd) [Transferred from Florida Southern on 8/16/2018.] |
Filing 109 RESPONSE in Opposition re #107 MOTION to Stay All Proceedings filed by Jean L. Ripple. Replies due by 5/2/2018. (Attachments: #1 Exhibit A, #2 Exhibit B)(Montiero, Courtney) [Transferred from Florida Southern on 8/16/2018.] |
Filing 108 PAPERLESS ORDER expediting a response. Plaintiff shall file a response to Defendant's motion to stay by noon on April 26, 2018. Signed by Judge Robin L. Rosenberg (bkd) [Transferred from Florida Southern on 8/16/2018.] |
Set Deadline per DE 108 as to #107 MOTION to Stay All Proceedings. Response due by 4/26/2018. (pes) [Transferred from Florida Southern on 8/16/2018.] |
Filing 107 MOTION to Stay All Proceedings by C.R. Bard, Inc., Davol, Inc.. Responses due by 5/8/2018 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Jacobson, Matthew) [Transferred from Florida Southern on 8/16/2018.] |
Filing 106 RESPONSE in Opposition re #105 MOTION to Substitute Party filed by C.R. Bard, Inc., Davol, Inc.. Replies due by 4/2/2018. (Jacobson, Matthew) [Transferred from Florida Southern on 8/16/2018.] |
Filing 105 MOTION to Substitute Party by Jean L. Ripple. Responses due by 3/26/2018 (Attachments: #1 Exhibit A)(Montiero, Courtney) [Transferred from Florida Southern on 8/16/2018.] |
Filing 104 REPLY to Response to Motion re #101 MOTION to Dismiss with Prejudice #14 Amended Complaint filed by C.R. Bard, Inc., Davol, Inc.. (Jacobson, Matthew) [Transferred from Florida Southern on 8/16/2018.] |
Set/Reset Deadlines/Hearings as to #101 MOTION to Dismiss with Prejudice #14 Amended Complaint . Responses due by 3/2/2018. per DE 103 (cbr) [Transferred from Florida Southern on 8/16/2018.] |
Filing 103 PAPERLESS ORDER requiring Defendant to file a reply to Plaintiff's response to Defendant's motion to dismiss by March 2, 2018. Signed by Judge Robin L. Rosenberg on 2/27/2018. (bkd) [Transferred from Florida Southern on 8/16/2018.] |
Filing 102 RESPONSE in Opposition re #101 MOTION to Dismiss with Prejudice #14 Amended Complaint filed by Jean L. Ripple. Replies due by 3/5/2018. (Attachments: #1 Exhibit A, #2 Exhibit B)(Montiero, Courtney) [Transferred from Florida Southern on 8/16/2018.] |
Filing 101 MOTION to Dismiss with Prejudice #14 Amended Complaint by C.R. Bard, Inc., Davol, Inc.. Responses due by 3/8/2018 (Jacobson, Matthew) [Transferred from Florida Southern on 8/16/2018.] |
Filing 100 PAPERLESS ORDER noting the filing at docket entry 99. To the extent the filing at docket entry 99 requests relief from this Court, the filing does not qualify as a motion under Local Rule 7.1. Signed by Judge Robin L. Rosenberg on 2/21/2018. (bkd) [Transferred from Florida Southern on 8/16/2018.] |
Filing 99 STATUS REPORT (Defendants' Second Status Report) by C.R. Bard, Inc., Davol, Inc. (Jacobson, Matthew) [Transferred from Florida Southern on 8/16/2018.] |
Filing 98 STATUS REPORT by Jean L. Ripple (Montiero, Courtney) [Transferred from Florida Southern on 8/16/2018.] |
Set/Reset Deadlines/Hearings Status Report due by 2/22/2018. per DE 97 (cbr) [Transferred from Florida Southern on 8/16/2018.] |
Filing 97 PAPERLESS ORDER instructing the parties to file a status report no later than February 22, 2018, apprising the Court of the status of this case. Signed by Judge Robin L. Rosenberg on 12/22/2017. (eg00) [Transferred from Florida Southern on 8/16/2018.] |
Filing 96 PAPERLESS ORDER. In light of Plaintiff's representation in the Status Report at docket entry #94 that a personal representative has not yet been appointed for the Estate of Jean L. Ripple and the Court's subsequent stay, Plaintiff's Renewed Motion for Default as Sanction for Failure to Comply with Court's Order and for Discovery Violations 79 is terminated. Plaintiff may move for the Court to reinstate the motion after the stay of this case has been lifted. Signed by Judge Robin L. Rosenberg on 12/22/2017. (eg00) [Transferred from Florida Southern on 8/16/2018.] |
Filing 95 STATUS REPORT by C.R. Bard, Inc., Davol, Inc. (Furness, Amy) [Transferred from Florida Southern on 8/16/2018.] |
Filing 94 STATUS REPORT by Jean L. Ripple (Montiero, Courtney) [Transferred from Florida Southern on 8/16/2018.] |
Filing 93 ORDER granting #92 Motion to Stay( Status Report due by 12/21/2017.). Closing Case. Motions Terminated: #92 Unopposed MOTION to Stay and Suggestion of Death filed by Jean L. Ripple. Signed by Judge Robin L. Rosenberg on 9/25/2017. (vmz) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. [Transferred from Florida Southern on 8/16/2018.] |
Filing 92 Unopposed MOTION to Stay and Suggestion of Death by Jean L. Ripple. Responses due by 10/6/2017 (Montiero, Courtney) [Transferred from Florida Southern on 8/16/2018.] |
Filing 91 PAPERLESS ORDER granting #90 Motion to Seal. The following documents have been entered in this Court: DE89 and Exhibits A through O thereto. The Motion is made on the basis that the Reply and its Exhibit are marked CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER. The relevant Protective Order was entered on May 3, 2017 [DE 31]. The Motion is GRANTED, the document identified above is ORDERED SEALED until further order of this Court. Signed by Judge Robin L. Rosenberg on 8/1/2017. (bkd) [Transferred from Florida Southern on 8/16/2018.] |
Filing 90 MOTION to Seal per Local Rule 5.4 by Jean L. Ripple. (Attachments: #1 Text of Proposed Order) (Montiero, Courtney) [Transferred from Florida Southern on 8/16/2018.] |
SYSTEM ENTRY - Docket Entry 89 [misc] restricted/sealed until further notice. (1143736) [Transferred from Florida Southern on 8/16/2018.] |
Filing 88 RESPONSE in Opposition to 79 Plaintiff's Renewed Motion for Default Judgment by C.R. Bard, Inc., Davol, Inc.. (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, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Jacobson, Matthew) [Transferred from Florida Southern on 8/16/2018.] |
Filing 87 PAPERLESS ORDER granting #84 Motion to Continue. Discovery due by 10/27/2017. Mediation Deadline 2/16/2018. Dispositive Motions and Motions in Limine due by 11/6/2017. Pretrial Stipulation due by 1/5/2018. Jury Instructions or Proposed Findings of Fact and Conclusions of Law shall be filed by 1/29/2018. Objections to designations of deposition testimony shall be filed by 1/22/2018. Calendar Call set for 1/31/2018 09:00 AM in Fort Pierce Division before Judge Robin L. Rosenberg. Jury Trial set for 2/5/2018 09:00 AM in Fort Pierce Division before Judge Robin L. Rosenberg. Status Conference set for 12/13/2017 09:30 AM in Fort Pierce Division before Judge Robin L. Rosenberg. Signed by Judge Robin L. Rosenberg on 7/18/2017. (bkd) [Transferred from Florida Southern on 8/16/2018.] |
Filing 86 MEDIATION Disposition REPORT by Charles A. Mancuso, Mediator. Disposition: Case did not settle.(vmz) [Transferred from Florida Southern on 8/16/2018.] |
Filing 85 PAPERLESS ORDER granting #83 Motion to Seal. Plaintiff, Jean L. Ripple, has filed a Motion to File Under Seal an Exhibit to Their Motion for Sanctions [DE79]. The following documents have been entered in this Court: Exhibits D, E, F, G, H, J, K, L, and O. This Motion is made on the basis that the Exhibits are marked CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER. The relevant Protective Order was entered on May 3, 2017. [DE 31]. The Motion is GRANTED, the documents identified above are ORDERED SEALED until further order of this Court. Signed by Judge Robin L. Rosenberg on 7/17/2017. (bkd) [Transferred from Florida Southern on 8/16/2018.] |
Filing 84 Joint MOTION to Continue and Expand Discovery Deadline by Jean L. Ripple. Responses due by 7/28/2017 (Attachments: #1 Declaration of Courtney Montiero, #2 Text of Proposed Order)(Montiero, Courtney) [Transferred from Florida Southern on 8/16/2018.] |
Filing 83 MOTION to Seal per Local Rule 5.4 by Jean L. Ripple. (Attachments: #1 Text of Proposed Order) (Montiero, Courtney) [Transferred from Florida Southern on 8/16/2018.] |
Filing 82 PAPERLESS ORDER requiring Defendants to Respond to 79 Plaintiff's Renewed Motion for Default on or before 7/21/2017. Signed by Magistrate Judge James M. Hopkins on 7/14/2017. (ckr) [Transferred from Florida Southern on 8/16/2018.] |
Filing 81 PAPERLESS ORDER denying #80 Motion to Seal without prejudice as the Motion does not comply with Local Rule 7.1(a)(3). Signed by Judge Robin L. Rosenberg on 7/13/2017. (bkd) [Transferred from Florida Southern on 8/16/2018.] |
Filing 80 MOTION to Seal Exhibits to Renewed Motion for Default per Local Rule 5.4 by Jean L. Ripple. (Attachments: #1 Text of Proposed Order) (Montiero, Courtney) [Transferred from Florida Southern on 8/16/2018.] |
SYSTEM ENTRY - Docket Entry 79 [motion] restricted/sealed until further notice. (1143736) [Transferred from Florida Southern on 8/16/2018.] |
Filing 78 Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order(s) 2017-35 and 2017-38 to Magistrate Judge Maynard. Magistrate Judge James M. Hopkins no longer assigned to case. (cga) [Transferred from Florida Southern on 8/16/2018.] |
Notice of Docketing Correction by Clerk Magistrate Judge James M. Hopkins shall remain as referral magistrate judge. Magistrate Judge Shaniek M. Maynard no longer assigned to case. (cga) Modified on 7/7/2017 (cga). [Transferred from Florida Southern on 8/16/2018.] |
Filing 77 PAPERLESS Minute Order for proceedings held before Magistrate Judge James M. Hopkins on 6/30/2017. Defendants' #73 Motion to Take Deposition is GRANTED, in that Defendants may take the deposition of Suzanne Parisian by video, for the reasons stated on the record during the 6/30/17 hearing on this Motion. Total time in court: 0 hour(s) : 11 minutes. Attorney Appearance(s): Michael K. Brown, Matthew D. Jacobson, Amy E. Furness, John Micheal Dupuis, Courtney Montiero, (Digital 13:05:11) (ckr) [Transferred from Florida Southern on 8/16/2018.] |
Filing 76 PAPERLESS ORDER granting #72 Defendants' Unopposed Motion for Leave to Have Client Representative with Settlement Authority Participate Telephonically. Defendants' client representative may participate telephonically in the mediation scheduled for July 13, 2017 at 1:30pm. Signed by Judge Robin L. Rosenberg on 6/30/2017. (as00) [Transferred from Florida Southern on 8/16/2018.] |
Filing 75 Clerks Notice to Filer re #73 First MOTION to Take Deposition from SUZANNE PARISIAN, M.D. by remote means or in the alternative, for a different depostion date and Motion to Expedite. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls) [Transferred from Florida Southern on 8/16/2018.] |
Filing 74 PAPERLESS ORDER Setting Hearing on #73 Defendants' MOTION to Take Deposition for 6/30/2017 at 01:00 PM in West Palm Beach Division before Magistrate Judge James M. Hopkins. Counsel who with to appear telephonically shall use these call-in instructions: Dial 1-888-684-8852; Enter access code 9189456#; Enter security code 1234#. Signed by Magistrate Judge James M. Hopkins on 6/29/2017. (ckr) [Transferred from Florida Southern on 8/16/2018.] |
Filing 73 MOTION to Take Deposition from Suzanne Parisian, M.D. by Remote means or, in the Alternative by C.R. Bard, Inc., Davol, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Furness, Amy). Added MOTION for a Different Deposition Date, MOTION to Expedite on 6/30/2017 (ls). [Transferred from Florida Southern on 8/16/2018.] |
Filing 72 Unopposed MOTION for Leave to Appear Telephonically . Attorney/Representative: Client Representative with Settlement Authority by C.R. Bard, Inc., Davol, Inc.. Responses due by 7/11/2017 (Furness, Amy) Modified Text on 6/28/2017 (ls). [Transferred from Florida Southern on 8/16/2018.] |
Filing 71 PAPERLESS ORDER granting #70 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Thomas Needham. Signed by Magistrate Judge James M. Hopkins on 6/23/2017. (ckr) [Transferred from Florida Southern on 8/16/2018.] |
Filing 70 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Thomas Needham. Filing Fee $ 75.00 Receipt # 113C-9838404 by Jean L. Ripple. Responses due by 7/7/2017 (Montiero, Courtney) [Transferred from Florida Southern on 8/16/2018.] |
Filing 69 PAPERLESS ORDER noting and accepting the parties' proposed pretrial deadlines at docket entry 67. Signed by Judge Robin L. Rosenberg on 6/22/2017. (bkd) [Transferred from Florida Southern on 8/16/2018.] |
Filing 68 NOTICE of Mediaton on July 13, 2017 at 1:30 pm with Charles A. Mancuso, Mediator (vmz) [Transferred from Florida Southern on 8/16/2018.] |
Filing 67 NOTICE of Compliance Joint Notice of Compliance by C.R. Bard, Inc., Davol, Inc. re 60 Order on Motion to Continue,,, (Furness, Amy) [Transferred from Florida Southern on 8/16/2018.] |
Filing 66 PAPERLESS ORDER. Upon reconsideration, Plaintiff's #55 Motion for Default Judgment is DENIED without prejudice to renew for the reasons discussed at the 6/12/2017 hearing. Signed by Magistrate Judge James M. Hopkins on 6/13/2017. (ckr) [Transferred from Florida Southern on 8/16/2018.] |
Filing 65 PAPERLESS Minute Entry for proceedings held before Magistrate Judge James M. Hopkins: Discovery Hearing held on 6/12/2017. Defendants will produce certain discovery no later than 6/16/17, as ordered during the hearing. The parties will confer no later than 6/13/2017 on outstanding discovery, as ordered during the hearing. Plaintiff's Motion for Default #55 will remain pending; the parties will inform the Court when that Motion is ripe for review, at which time the Court will Order Defendants' to respond, if necessary. Total time in court: 0 hour(s) : 50 minutes. (Digital 12:06:06) (ckr) [Transferred from Florida Southern on 8/16/2018.] |
Filing 63 STANDING DISCOVERY ORDER for Magistrate Judge James M. Hopkins. Signed by Magistrate Judge James M. Hopkins on 6/9/2017. (ls) [Transferred from Florida Southern on 8/16/2018.] |
Filing 62 COURTROOM CHANGE ONLY - The Hearing set for 6/12/2017 at 12:00 PM will be in Courtroom 6. Signed by Magistrate Judge James M. Hopkins on 6/9/2017. (ckr) [Transferred from Florida Southern on 8/16/2018.] |
Filing 61 ORDER taking under advisement #55 Plaintiff's Motion for a Default Judgment and setting a Discovery Hearing for 6/12/2017 at 12:00 PM in West Palm Beach Division, Courtroom 5, before Magistrate Judge James M. Hopkins. Counsel may appear at the hearing by phone using the following call-in instructions: Dial 1-888-684-8852; Enter access code 9189456#; and Enter security code 1234#. Signed by Magistrate Judge James M. Hopkins on 6/8/2017. (hky) [Transferred from Florida Southern on 8/16/2018.] |
Filing 64 PAPERLESS Minute Entry for proceedings held before Judge Robin L. Rosenberg: Motion Hearing held on 6/7/2017 re #37 MOTION to Continue Scheduling Order filed by C.R. Bard, Inc., Davol, Inc.. Total time in court: 1 hour(s) : 30 minutes. Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov. (mg) [Transferred from Florida Southern on 8/16/2018.] |
Filing 60 PAPERLESS ORDER granting in part and denying in part Defendant's Motion to Continue #37 insofar as (1) the deadline for Defendant to designate experts and produce expert reports is extended to June 28, 2017 and (2) the parties are ordered to file a joint notice by June 14, 2017 in which the parties list with great detail (i) the date for each additional deposition needed in this case, (ii) a proposed date for expert discovery to close, (iii) a proposed date for dispositive motions, and (iv) a proposed deadline for mediation. The parties, in their joint filing, should endeavor with all possible good faith to preserve the trial date in this case which may require, for example, a modification to the briefing schedule for dispositive motions. Signed by Judge Robin L. Rosenberg on 6/7/2017. (bkd) [Transferred from Florida Southern on 8/16/2018.] |
Filing 59 PAPERLESS ORDER REFERRING for appropriate disposition #55 MOTION for Default Judgment for Failure to Comply with Court's Order and MOTION to Expedite Response filed by Jean L. Ripple. Motions referred to Judge James M. Hopkins. Signed by Judge Robin L. Rosenberg on 6/5/2017. (bkd) [Transferred from Florida Southern on 8/16/2018.] |
Filing 58 PAPERLESS ORDER granting #57 Motion to Seal insofar as "EXHIBIT E" at DE 56 is to be sealed until further order of this Court. Signed by Judge Robin L. Rosenberg on 6/5/2017. (bkd) [Transferred from Florida Southern on 8/16/2018.] |
Filing 57 MOTION to Seal DE 56 per Local Rule 5.4 by Jean L. Ripple. (Attachments: #1 Text of Proposed Order) (Montiero, Courtney) [Transferred from Florida Southern on 8/16/2018.] |
Filing 55 MOTION for Default Judgment for Failure to Comply with Court's Order, MOTION to Expedite Response by Jean L. Ripple. (Attachments: #1 Exhibit A - Failure Investigation Worksheet, #2 Exhibit B - Supplemental RFP Responses, #3 Exhibit C - Cover Letter, #4 Exhibit D - June 2, 2017 Eric Alexander Email, #5 Exhibit F - May 31, 2017 Letter to Eric Alexander, #6 Exhibit G - June 1, 2017 Letter to Eric Alexander)(Montiero, Courtney) [Transferred from Florida Southern on 8/16/2018.] |
SYSTEM ENTRY - Docket Entry 56 [misc] restricted/sealed until further notice. (1143736) [Transferred from Florida Southern on 8/16/2018.] |
Filing 54 NOTICE of Compliance with the Court's May 18, 2017, Order by C.R. Bard, Inc., Davol, Inc. re #36 Order on Motion to Compel (Jacobson, Matthew) [Transferred from Florida Southern on 8/16/2018.] |
Filing 53 PAPERLESS ORDER Setting Hearing on Motion #37 MOTION to Continue Scheduling Order : Motion Hearing set for 6/7/2017 03:00 PM in Fort Pierce Division before Judge Robin L. Rosenberg. The parties may attend by telephone. Signed by Judge Robin L. Rosenberg on 5/31/2017. (bkd) [Transferred from Florida Southern on 8/16/2018.] |
Filing 52 ORDER granting in part and denying in part #19 Motion to Dismiss for Failure to State a Claim. Signed by Judge Robin L. Rosenberg on 5/31/2017. (bkd) [Transferred from Florida Southern on 8/16/2018.] |
Filing 51 ORDER granting in part #38 Motion to Compel. The Defendants shall comply by June 7, 2017. Signed by Ch. Magistrate Judge Frank J. Lynch, Jr on 5/30/2017. (cga) [Transferred from Florida Southern on 8/16/2018.] |
Filing 50 REPLY to Response to Motion re #38 MOTION to Compel Defendants to Adequeately and Completely Respond to Plaintiff's First Set of Interrogatories to Defendants and Motion to Accelerate Response to the Instant Motion filed by Jean L. Ripple. (Attachments: #1 Exhibit A - Verification)(Montiero, Courtney) [Transferred from Florida Southern on 8/16/2018.] |
Filing 49 RESPONSE in Opposition re #38 MOTION to Compel Defendants to Adequeately and Completely Respond to Plaintiff's First Set of Interrogatories to Defendants and Motion to Accelerate Response to the Instant Motion filed by C.R. Bard, Inc., Davol, Inc.. Replies due by 6/2/2017. (Attachments: #1 Exhibit 1 - Davol & CR Bard's Supplemental Response to Plaintiff's Interrogatories, #2 Exhibit 2 - Attendance at Video Deposition, #3 Exhibit 3 - List of Employee Names of in MDL, #4 Exhibit 4 - CR Bard & Davol's Responses to Plaintiff's Interrogatories to Defendants)(Furness, Amy) [Transferred from Florida Southern on 8/16/2018.] |
Filing 48 Clerks Notice to Filer re #45 Response in Support of Motion,. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#47]. It is not necessary to refile this document. (ls) [Transferred from Florida Southern on 8/16/2018.] |
Filing 47 REPLY to Response to Motion re #37 MOTION to Continue Scheduling Order filed by C.R. Bard, Inc., Davol, Inc.. (ls)(See Image at DE #45) [Transferred from Florida Southern on 8/16/2018.] |
Filing 46 ORDER granting #44 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Michael K. Brown. Signed by Ch. Magistrate Judge Frank J. Lynch, Jr. on 5/25/2017. (ls) [Transferred from Florida Southern on 8/16/2018.] |
Filing 45 RESPONSE in Support re #37 MOTION to Continue Scheduling Order, 41 MOTION to Expedite filed by C.R. Bard, Inc., Davol, Inc.. (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, #9 Exhibit 9)(Furness, Amy) [Transferred from Florida Southern on 8/16/2018.] |
Filing 44 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael K. Brown. Filing Fee $ 75.00 Receipt # 113C-9762460 by C.R. Bard, Inc., Davol, Inc.. Responses due by 6/8/2017 (Attachments: #1 Certification Michael Brown's Certification, #2 Text of Proposed Order Proposed Order)(Furness, Amy) [Transferred from Florida Southern on 8/16/2018.] |
Filing 43 PAPERLESS ORDER expediting a reply on the pending motion to continue deadlines. Defendant's reply is due by 5:00 p.m. on May 25, 2017. Signed by Judge Robin L. Rosenberg on 5/23/2017. (bkd) [Transferred from Florida Southern on 8/16/2018.] |
Filing 42 Clerks Notice to Filer re #39 Response in Opposition to Motion,,. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (ls) [Transferred from Florida Southern on 8/16/2018.] |
Filing 41 MOTION for an Expedited Reply by Jean L. Ripple. (ls)(See Image at DE #39) [Transferred from Florida Southern on 8/16/2018.] |
Filing 40 ORDER Creating Expedited Briefing Schedule as to #38 MOTION to Compel Defendants to Adequately and Completely Respond to Plaintiff's First Set of Interrogatories to Defendants and Motion to Accelerate Response to the Instant Motion .( Responses due by 5/26/2017, Replies due by 5/30/2017.) Signed by Ch. Magistrate Judge Frank J. Lynch, Jr. on 5/22/2017. (ls) [Transferred from Florida Southern on 8/16/2018.] |
Filing 39 RESPONSE in Opposition re #37 MOTION to Continue Scheduling Order filed by Jean L. Ripple. Replies due by 5/30/2017. (Attachments: #1 Exhibit A - Plaintiff's Responses & Objections to Defendants' First Set of Requests for Production of Documents, #2 Exhibit B - April 28, 2017 Dupuis Letter, #3 Exhibit C - May 5, 2017 Alexander Letter, #4 Exhibit D - May 5, 2017 Dupuis Letter, #5 Exhibit E - Burger Pretrial Case Management Order, #6 Exhibit F - Patton Pretrial Case Management Order, #7 Exhibit G - Attorney Alexander Email in Burger Case)(Montiero, Courtney) Modified to add missing event 41 motion to expedite on 5/23/2017 (ls). [Transferred from Florida Southern on 8/16/2018.] |
Filing 38 MOTION to Compel Defendants to Adequeately and Completely Respond to Plaintiff's First Set of Interrogatories to Defendants and Motion to Accelerate Response to the Instant Motion by Jean L. Ripple. Responses due by 6/5/2017 (Attachments: #1 Exhibit A - Plaintiff's First Set of Interrogatories, #2 Exhibit B - Defendants' Response to Interrogatories, #3 Exhibit C - Plaintiff's Letter April 28, 2017, #4 Exhibit D - Defendants' Letter May 5, 2017, #5 Exhibit E - Plaintiff's Letter May 5, 2017, #6 Exhibit F - Plaintiff's Letter May 17, 2017)(Montiero, Courtney) [Transferred from Florida Southern on 8/16/2018.] |
Filing 37 MOTION to Continue Scheduling Order by C.R. Bard, Inc., Davol, Inc.. Responses due by 6/1/2017 (Attachments: #1 Affidavit of Eric L. Alexander, #2 Text of Proposed Order)(Jacobson, Matthew) [Transferred from Florida Southern on 8/16/2018.] |
Filing 36 ORDER granting #28 Motion to Compel. Signed by Ch. Magistrate Judge Frank J. Lynch, Jr on 5/18/2017. (ra) [Transferred from Florida Southern on 8/16/2018.] |
Filing 35 PAPERLESS ORDER denying without prejudice #34 Motion to Continue as the Motion does not comply with the affidavit requirement of Local Rule 7.6. Signed by Judge Robin L. Rosenberg on 5/17/2017. (bkd) [Transferred from Florida Southern on 8/16/2018.] |
Filing 34 MOTION to Continue by C.R. Bard, Inc., Davol, Inc.. Responses due by 5/30/2017 (Attachments: #1 Text of Proposed Order)(Jacobson, Matthew) Modified Text on 5/17/2017 (ls). [Transferred from Florida Southern on 8/16/2018.] |
Filing 33 REPLY to Response to Motion re #28 MOTION to Compel Defendants to Produce or Identify Documents Responsive to Plaintiff's First Set of Requests for Production filed by Jean L. Ripple. (Attachments: #1 Exhibit A - Report of Clinical Relevance, #2 Exhibit B - Device Recall Notice, #3 Exhibit C - Archived FDA Notice on CK Recall, #4 Exhibit D - Paolo Transcript - Thorpe Trial, #5 Exhibit E - Design Control Deficiency Report, #6 Exhibit F - FDA Warning Letter, #7 Exhibit G - Failure Investigation Worksheet, #8 Exhibit H - Audit Report, #9 Exhibit I - Review of Marketing Materials, #10 Exhibit J - How to Position Iannitti Study, #11 Exhibit K - Keegan Transcript - Whitfield Trial, #12 Exhibit L - Territory Manager Email, #13 Exhibit M - Lord of the Rings Contest Sheet)(Montiero, Courtney) [Transferred from Florida Southern on 8/16/2018.] |
Filing 32 RESPONSE in Opposition re #28 MOTION to Compel Defendants to Produce or Identify Documents Responsive to Plaintiff's First Set of Requests for Production filed by C.R. Bard, Inc., Davol, Inc.. Replies due by 5/10/2017. (Attachments: #1 Exhibit Ex. 1- MDL Court Order Detailing Defendants Document Production, #2 Exhibit Ex. 2- MDL Court Discovery Protocol, #3 Exhibit Ex. 3- Practice and Procedure Order Number 2, #4 Exhibit Ex. 4- Conditional Remand Oder, #5 Exhibit Ex. 5- Order Setting Deadlines for Filing Joint Proposed Scheduling Order, #6 Exhibit Ex. 6- Affidavit of Christa Haskins, #7 Exhibit Ex. 7- Decision, #8 Exhibit Ex. 8- Protective Order, #9 Exhibit Ex. 9- Memorandum and Order)(Furness, Amy) [Transferred from Florida Southern on 8/16/2018.] |
Filing 31 PROTECTIVE and CONFIDENTIALITY ORDER. Signed by Ch. Magistrate Judge Frank J. Lynch, Jr. on 5/3/2017. (ls) [Transferred from Florida Southern on 8/16/2018.] |
Filing 30 ORDER granting #29 Joint Motion for Protective and Confidentiality Order. Signed by Ch. Magistrate Judge Frank J. Lynch, Jr. on 5/3/2017. (ls) [Transferred from Florida Southern on 8/16/2018.] |
Filing 29 Joint MOTION for Protective Order and Confidentiality Order by C.R. Bard, Inc., Davol, Inc.. (Attachments: #1 Text of Proposed Order Proposed Protective and Confidentiality Order)(Furness, Amy) [Transferred from Florida Southern on 8/16/2018.] |
Filing 28 MOTION to Compel Defendants to Produce or Identify Documents Responsive to Plaintiff's First Set of Requests for Production by Jean L. Ripple. Responses due by 5/3/2017 (Attachments: #1 Exhibit A - Plaintiff's Requests for Production to Defendants, #2 Exhibit B - Defendants' Response to Plaintiff's Requests for Production, #3 Exhibit C - Judge Gibney's Order, #4 Exhibit D - Discontinuance Letter)(Montiero, Courtney) [Transferred from Florida Southern on 8/16/2018.] |
Attorney John Anderson Camp terminated. (ls) (per DE #27 ) [Transferred from Florida Southern on 8/16/2018.] |
Filing 27 NOTICE by C.R. Bard, Inc., Davol, Inc. of Withdrawal of Counsel, John Camp (Furness, Amy) [Transferred from Florida Southern on 8/16/2018.] |
Filing 26 NOTICE of Attorney Appearance by Amy E. Furness on behalf of C.R. Bard, Inc., Davol, Inc.. Attorney Amy E. Furness added to party C.R. Bard, Inc.(pty:dft), Attorney Amy E. Furness added to party Davol, Inc.(pty:dft). (Furness, Amy) [Transferred from Florida Southern on 8/16/2018.] |
Filing 25 NOTICE of Mediator Hearing. Mediation Hearing set for 8/8/2017 at 2:00 p.m.. (ls) [Transferred from Florida Southern on 8/16/2018.] |
Filing 24 NOTICE of Mediator Selection and Hearing. Added Judith A. Bass. Mediation Hearing set for 8/8/17 at 2:00 p.m.. (Montiero, Courtney) [Transferred from Florida Southern on 8/16/2018.] |
Filing 23 REPLY to #22 Response in Opposition to Motion by C.R. Bard, Inc., Davol, Inc.. (Camp, John) [Transferred from Florida Southern on 8/16/2018.] |
Filing 22 RESPONSE in Opposition re #19 MOTION TO DISMISS #14 Amended Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law filed by Jean L. Ripple. Replies due by 2/17/2017. (Montiero, Courtney) [Transferred from Florida Southern on 8/16/2018.] |
Filing 21 SCHEDULING ORDER: ( Amended Pleadings due by 4/16/2017., All Discovery due by 6/16/2017., Joinder of Parties due by 4/16/2017., In Limine Motions due by 7/16/2017., Motions due by 7/16/2017., Pretrial Stipulation due by 9/16/2017.), ORDER REFERRING CASE to Mediation. Mediation Deadline 8/16/2017. Signed by Judge Robin L. Rosenberg on 2/6/2017. (ls) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. [Transferred from Florida Southern on 8/16/2018.] |
Filing 20 Defendants' ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by C.R. Bard, Inc., Davol, Inc.. (Camp, John) [Transferred from Florida Southern on 8/16/2018.] |
Filing 19 MOTION TO DISMISS #14 Amended Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law by C.R. Bard, Inc., Davol, Inc.. Responses due by 2/10/2017 (Camp, John) [Transferred from Florida Southern on 8/16/2018.] |
Filing 18 PAPERLESS ORDER denying as moot #11 Motion to Dismiss for Failure to State a Claim in light of docket entry 14. Signed by Judge Robin L. Rosenberg on 1/19/2017. (bkd) [Transferred from Florida Southern on 8/16/2018.] |
Filing 17 ORDER granting #15 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing ; granting #16 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Ch. Magistrate Judge Frank J. Lynch, Jr on 1/18/2017. (ls) [Transferred from Florida Southern on 8/16/2018.] |
Filing 16 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Eric L. Alexander. Filing Fee $ 75.00 Receipt # 113C-9406625 by C.R. Bard, Inc., Davol, Inc.. Responses due by 1/31/2017 (Attachments: #1 Certification Eric L. Alexander, #2 Text of Proposed Order)(Camp, John) [Transferred from Florida Southern on 8/16/2018.] |
Filing 15 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Matthew D. Jacobson. Filing Fee $ 75.00 Receipt # 113C-9406592 by C.R. Bard, Inc., Davol, Inc.. Responses due by 1/31/2017 (Attachments: #1 Certification of Matthew D. Jacobson, #2 Text of Proposed Order)(Camp, John) [Transferred from Florida Southern on 8/16/2018.] |
Filing 14 First AMENDED COMPLAINT against C.R. Bard, Inc., Davol, Inc., filed by Jean Ripple.(Montiero, Courtney) [Transferred from Florida Southern on 8/16/2018.] |
Filing 13 SCHEDULING REPORT - Rule 16.1 by Jean Ripple (Attachments: #1 Text of Proposed Order)(Montiero, Courtney) [Transferred from Florida Southern on 8/16/2018.] |
Filing 12 ANSWER and Affirmative Defenses to Complaint with Jury Demand by C.R. Bard, Inc., Davol, Inc.. (Camp, John) [Transferred from Florida Southern on 8/16/2018.] |
Filing 11 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law by C.R. Bard, Inc., Davol, Inc.. Attorney John Anderson Camp added to party C.R. Bard, Inc.(pty:dft), Attorney John Anderson Camp added to party Davol, Inc.(pty:dft). Responses due by 1/13/2017 (Camp, John) [Transferred from Florida Southern on 8/16/2018.] |
Filing 10 ORDER granting #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) John Michael Dupuis, Esq.. Signed by Ch. Magistrate Judge Frank J. Lynch, Jr on 12/7/2016. (ls) [Transferred from Florida Southern on 8/16/2018.] |
Filing 9 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John Micheal Dupuis. Filing Fee $ 75.00 Receipt # 113C-9308099 by Jean Ripple. Responses due by 12/20/2016 (Attachments: #1 Text of Proposed Order)(Montiero, Courtney) [Transferred from Florida Southern on 8/16/2018.] |
Filing 8 WAIVER OF SERVICE Returned Executed by Jean Ripple. All Defendants. (Montiero, Courtney) [Transferred from Florida Southern on 8/16/2018.] |
Filing 7 Summons Issued as to Davol, Inc.. (ls) [Transferred from Florida Southern on 8/16/2018.] |
Filing 6 Summons Issued as to C.R. Bard, Inc.. (ls) [Transferred from Florida Southern on 8/16/2018.] |
Filing 5 NOTICE of Filing Proposed Summons(es) by Jean Ripple (Attachments: #1 Summon(s), #2 Summon(s)) (Montiero, Courtney) [Transferred from Florida Southern on 8/16/2018.] |
Filing 4 SCHEDULING ORDER: ( Status Conference set for 9/13/2017 09:30 AM before Judge Robin L. Rosenberg., Jury Trial set for 10/16/2017 09:00 AM in Fort Pierce Division before Judge Robin L. Rosenberg., Calendar Call set for 10/11/2017 09:00 AM before Judge Robin L. Rosenberg.), ORDER REFERRING CASE to Ch. Magistrate Judge Frank J. Lynch, Jr. for Discovery Matters. Signed by Judge Robin L. Rosenberg on 11/10/2016. (ls) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. [Transferred from Florida Southern on 8/16/2018.] |
Filing 3 Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Frank J. Lynch is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (fbn) [Transferred from Florida Southern on 8/16/2018.] |
Filing 2 Judge Assignment to Judge Robin L. Rosenberg (fbn) [Transferred from Florida Southern on 8/16/2018.] |
Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-9181381, filed by Jean Ripple. (Attachments: #1 Civil Cover Sheet)(Montiero, Courtney) [Transferred from Florida Southern on 8/16/2018.] |
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