Armstrong et al v. C. R. Bard Inc. et al
| Michael J. Simon, Carolyn D. Armstrong and Robert N. Smith |
| Davol, Inc. and C. R. Bard, Inc. |
| 2:2018cv00891 |
| August 16, 2018 |
| US District Court for the Southern District of Ohio |
| Columbus Office |
| XX US, Outside State |
| Kimberly A Jolson |
| Edmund A Sargus |
| Tort Product Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Filing 47 NOTICE of Appearance by Kelsey Louise Stokes for Plaintiff Carolyn D. Armstrong (Stokes, Kelsey) |
Filing 46
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).
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| Filing 45 Case transferred in from District of Texas Southern; Case Number 3:17-cv-00089. Original file electronic copy of transfer order and docket sheet received. |
| Chief Judge Edmund A. Sargus and Magistrate Judge Kimberly A. Jolson added. (daf) |
| Interdistrict transfer to Southern District of Ohio. Case transferred electronically. (lgouadi, 4) [Transferred from Texas Southern on 8/16/2018.] |
| Filing 44 JPML CONDITIONAL TRANSFER ORDER (CTO-1) transferring case to Southern District of Ohio to be included in MDL Docket No. 2846. (lgouadi, 4) [Transferred from Texas Southern on 8/16/2018.] |
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Filing 43
ORDER granting #34 MOTION to Stay All Proceedings, Motion(s) terminated: #34 MOTION to Stay All Proceedings, #41 MOTION to Amend, Case terminated on 5/10/18(Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3) [Transferred from Texas Southern on 8/16/2018.]
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| Filing 42 RESPONSE to #34 MOTION to Stay All Proceedings , filed by Carolyn D. Armstrong. (Stokes, Kelsey) [Transferred from Texas Southern on 8/16/2018.] |
| Filing 41 MOTION to Amend by Carolyn D. Armstrong, filed. Motion Docket Date 5/25/2018. (Attachments: #1 Exhibit Amended Complaint)(Stokes, Kelsey) [Transferred from Texas Southern on 8/16/2018.] |
| Filing 40 Minute Entry for proceedings held before Judge George C Hanks, Jr. TELEPHONIC PRE-MOTION CONFERENCE held on 4/27/2018. Plaintiff is to file a response to Defendants Motion to Stay by Friday, May 4, 2018, at 5:00 PM. Plaintiff to file her Motion to Amend by Friday, May 4, 2018, at 5:00 PM. Defendants to file a response to Plaintiffs Motion to Amend by Friday, May 11, 2018, at 5:00 PM. All matters in this case are temporarily STAYED until the Court rules on Defendants Motion to Stay (Dkt #34 ). The parties will provide the Court with information regarding the MDL docket by Friday, May 11, 2018, at 5:00 PM as stated on the record. Appearances: Kelsey Louise Stokes, Eric L Alexander.(Digital # 11:15AM - 11:39AM)(ERO:Andy Gould), filed.(agould, 3) [Transferred from Texas Southern on 8/16/2018.] |
| Filing 39 NOTICE of Setting re: #36 Amended REQUEST for pre-motion conference re: #1 Complaint,. Parties notified. Telephonic pre-motion Conference set for 4/27/2018 at 10:45 AM by telephone before Judge George C Hanks Jr, filed. (agould, 3) [Transferred from Texas Southern on 8/16/2018.] |
| Filing 38 NOTICE of Setting as to #36 Amended REQUEST for pre-motion conference re: #1 Complaint,. Parties notified. Pre-Motion Conference set for 4/27/2018 at 10:45 AM in by telephone before Judge George C Hanks Jr, filed. Please call the conference line at 409-763-7801 ten minutes prior to the scheduled hearing. Once you call the number, you will be connected to the meet-me-line; there will be silence so please hold until the Case Manager calls in to connect all parties. Everyone must be on a landline. No cell phones or speaker phones are permitted. If you have a volume control, please be sure that it is turned up. If more than one attorney/party is on the line, for clarity of the record, please state your name when responding to the Court. (dperez, 3) [Transferred from Texas Southern on 8/16/2018.] |
| Filing 37 RESPONSE to #36 Amended REQUEST for pre-motion conference re: #1 Complaint, , filed by C. R. Bard Inc., Davol, Inc.. (Hardin, Julie) [Transferred from Texas Southern on 8/16/2018.] |
| Filing 36 Amended REQUEST for pre-motion conference re: #1 Complaint,, filed.(Stokes, Kelsey) [Transferred from Texas Southern on 8/16/2018.] |
| Filing 35 REQUEST for pre-motion conference re: #34 MOTION to Stay All Proceedings, filed.(Stokes, Kelsey) [Transferred from Texas Southern on 8/16/2018.] |
| Filing 34 MOTION to Stay All Proceedings by C. R. Bard Inc., Davol, Inc., filed. Motion Docket Date 5/10/2018. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proposed Order)(Waldo, Curtis) [Transferred from Texas Southern on 8/16/2018.] |
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Filing 33
SECOND AMENDED DOCKET CONTROL ORDER #32 Agreed MOTION to Amend #28 Scheduling Order,,. Trial Term: September 2018. ETT: 21 days. Jury. ( Amended Pleadings due by 10/2/2017., Joinder of Parties due by 10/2/2017, Pltf Expert Witness List due by 1/3/2018., Pltf Expert Report due by 1/3/2018., Deft Expert Witness List due by 4/5/2018., Deft Expert Report due by 4/5/2018., Discovery due by 6/1/2018., Dispositive Motion Filing due by 6/8/2018., Non-Dispositive Motion Filing due by 6/15/2018., Joint Pretrial Order due by 7/30/2018., Docket Call set for 8/7/2018 at 09:30 AM in Sixth Floor Courtroom before Judge George C Hanks Jr)(Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3) [Transferred from Texas Southern on 8/16/2018.]
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| Filing 32 Agreed MOTION to Amend #28 Scheduling Order,, by Carolyn D. Armstrong, filed. Motion Docket Date 4/19/2018. (Attachments: #1 Proposed Order Second Amended Docket Control Order)(Stokes, Kelsey) [Transferred from Texas Southern on 8/16/2018.] |
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Filing 31
PARTIAL ORDER OF DISMISSAL. It is hereby ORDERED that all claims asserted by Michael J. Simon against C.R. Bard, Inc. and Davol, Inc. in the above-captioned lawsuit are hereby DISMISSED WITHOUT PREJUDICE to their being re-filed. It is further ORDERED that the Order of Dismissal (Dkt. 30) entered on March 8, 2018 is VACATED.(Signed by Judge George C Hanks, Jr) Parties notified.(ltrevino, 3) [Transferred from Texas Southern on 8/16/2018.]
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Filing 30
ORDER OF DISMISSAL denying as moot #23 MOTION for Eric L. Alexander to Appear Pro Hac Vice, #24 Agreed MOTION to Amend #17 Scheduling Order,,. Case terminated on 3/8/18(Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3) [Transferred from Texas Southern on 8/16/2018.]
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| Filing 29 STIPULATION of Dismissal (Joint) by Michael J. Simon, filed. (Attachments: #1 Proposed Order)(Stokes, Kelsey) [Transferred from Texas Southern on 8/16/2018.] |
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Filing 28
AMENDED DOCKET CONTROL ORDER. Trial Term: September, 2018. ETT: 21 days. Jury. Amended Pleadings due by 10/2/2017. Joinder of Parties due by 10/2/2017 Pltf Expert Witness List due by 1/31/2018. Pltf Expert Report due by 1/31/2018. Deft Expert Witness List due by 3/5/2018. Deft Expert Report due by 3/5/2018. Discovery due by 3/30/2018. Dispositive Motion Filing due by 5/1/2018. Non-Dispositive Motion Filing due by 6/15/2018. Joint Pretrial Order due by 7/30/2018. Docket Call set for 8/7/2018 at 09:30 AM in Sixth Floor Courtroom before Judge George C Hanks Jr(Signed by Judge George C Hanks, Jr) Parties notified.(agould, 3) [Transferred from Texas Southern on 8/16/2018.]
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Filing 27
ORDER granting #25 Motion for Eric L Alexander to Appear Pro Hac Vice.(Signed by Judge George C Hanks, Jr) Parties notified.(agould, 3) [Transferred from Texas Southern on 8/16/2018.]
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Filing 26
ORDER granting #22 Motion for Matthew D Jacobson to Appear Pro Hac Vice.(Signed by Judge George C Hanks, Jr) Parties notified.(agould, 3) [Transferred from Texas Southern on 8/16/2018.]
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| Filing 25 MOTION for Eric L. Alexander to Appear Pro Hac Vice by C. R. Bard Inc., Davol, Inc., filed. Motion Docket Date 1/16/2018. (Waldo, Curtis) [Transferred from Texas Southern on 8/16/2018.] |
| Filing 24 Agreed MOTION to Amend #17 Scheduling Order,, by Carolyn D. Armstrong, Michael J. Simon, filed. Motion Docket Date 1/12/2018. (Attachments: #1 Exhibit Exhibit A-proposedAmendedDocketControlOrder)(Stokes, Kelsey) [Transferred from Texas Southern on 8/16/2018.] |
| Filing 23 MOTION for Eric L. Alexander to Appear Pro Hac Vice by C. R. Bard Inc., Davol, Inc., filed. Motion Docket Date 1/11/2018. (Waldo, Curtis) [Transferred from Texas Southern on 8/16/2018.] |
| Filing 22 MOTION for Matthew D. Jacobson to Appear Pro Hac Vice by C. R. Bard Inc., Davol, Inc., filed. Motion Docket Date 1/11/2018. (Waldo, Curtis) [Transferred from Texas Southern on 8/16/2018.] |
| Filing 21 STIPULATION re: Pathology Protocol by C. R. Bard Inc., Davol, Inc., filed.(Hardin, Julie) [Transferred from Texas Southern on 8/16/2018.] |
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Filing 20
AGREED PROTECTIVE AND CONFIDENTIALITY ORDER(Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3) [Transferred from Texas Southern on 8/16/2018.]
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Filing 19
ORDER granting #18 Motion for Protective Order.(Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3) [Transferred from Texas Southern on 8/16/2018.]
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| Filing 18 Joint MOTION for Protective Order by C. R. Bard Inc., Davol, Inc., filed. Motion Docket Date 9/29/2017. (Attachments: #1 Exhibit A, #2 Proposed Order Proposed Order)(Hardin, Julie) [Transferred from Texas Southern on 8/16/2018.] |
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Filing 17
DOCKET CONTROL ORDER: Trial Term: September 2018. ETT: 21 days. JURY. Motions to Amend Pleadings due by 10/2/2017. Motions to Add New Parties due by 10/2/2017 Pltf Expert List/Report due by 1/15/2018. Deft Expert List/Report due by 2/15/2018. Discovery due by 3/30/2018. Dispositive Motion Filing due by 5/1/2018. Non-Dispositive Motion Filing due by 6/15/2018. Joint Pretrial Order due by 7/30/2018. Docket Call set for 8/7/2018 at 09:30 AM in Sixth Floor Courtroom before Judge George C Hanks Jr (Signed by Judge George C Hanks, Jr) Parties notified.(lusmith, 3) [Transferred from Texas Southern on 8/16/2018.]
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Filing 16
ORDER OF DISMISSAL AS TO CERTAIN PLAINTIFFS, Robert N. Smith terminated(Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3) [Transferred from Texas Southern on 8/16/2018.]
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| Filing 15 NOTICE of Appearance by Curtis R. Waldo on behalf of C. R. Bard Inc., Davol, Inc., filed. (Hardin, Julie) [Transferred from Texas Southern on 8/16/2018.] |
| Minute Entry for proceedings held before Judge George C Hanks, Jr. SCHEDULING CONFERENCE held on 8/2/2017. Appearances: George M Fleming, Kelsey Stokes, Curtis Waldo. Docket Control dates issued. 10:18 - 10:25.(ERO:Andy Gould) (lusmith, 3) [Transferred from Texas Southern on 8/16/2018.] |
| Filing 14 STIPULATION of Dismissal of Robert N. Smith Without Prejudice by Robert N. Smith, filed. (Attachments: #1 Proposed Order Proposed Order - Robert N. Smith)(Stokes, Kelsey) [Transferred from Texas Southern on 8/16/2018.] |
| Filing 13 CERTIFICATE OF INTERESTED PARTIES by Carolyn D. Armstrong, Michael J. Simon, Robert N. Smith, filed.(Stokes, Kelsey) [Transferred from Texas Southern on 8/16/2018.] |
| Filing 12 JOINT DISCOVERY/CASE MANAGEMENT PLAN by C. R. Bard Inc., Davol, Inc., filed.(Hardin, Julie) [Transferred from Texas Southern on 8/16/2018.] |
| Filing 11 CERTIFICATE OF INTERESTED PARTIES by C. R. Bard Inc., Davol, Inc., filed.(Hardin, Julie) [Transferred from Texas Southern on 8/16/2018.] |
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Filing 10
ORDER granting #9 Joint MOTION for Continuance of Scheduling Conference ( Initial Conference reset for 8/2/2017 at 09:30 AM in Sixth Floor Courtroom before Judge George C Hanks Jr), (Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3) [Transferred from Texas Southern on 8/16/2018.]
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| Filing 9 Joint MOTION for Continuance of Scheduling Conference by C. R. Bard Inc., Davol, Inc., filed. Motion Docket Date 7/13/2017. (Attachments: #1 Proposed Order)(Hardin, Julie) [Transferred from Texas Southern on 8/16/2018.] |
| Filing 8 ANSWER to #1 Complaint, with Jury Demand by C. R. Bard Inc., Davol, Inc., filed.(Hardin, Julie) [Transferred from Texas Southern on 8/16/2018.] |
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Filing 7
ORDER granting #6 Unopposed MOTION to Substitute Attorney Kelsey L. Stokes in place of J. Ken Johnson, Attorney J Ken Johnson, II terminated(Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3) [Transferred from Texas Southern on 8/16/2018.]
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| Filing 6 Unopposed MOTION to Substitute Attorney Kelsey L. Stokes in place of J. Ken Johnson by Carolyn D. Armstrong, Michael J. Simon, Robert N. Smith, filed. Motion Docket Date 6/12/2017. (Attachments: #1 Proposed Order Proposed Order)(Stokes, Kelsey) [Transferred from Texas Southern on 8/16/2018.] |
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Filing 5
ORDER granting #4 Motion for Extension of Time; Answer due for C. R. Bard Inc. 6/19/2017; Davol, Inc. 6/19/2017.(Signed by Judge George C Hanks, Jr) Parties notified.(lusmith, 3) [Transferred from Texas Southern on 8/16/2018.]
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| Filing 4 Unopposed MOTION for Extension of Time for Defendants to File a Responsive Pleading by C. R. Bard Inc., Davol, Inc., filed. Motion Docket Date 5/9/2017. (Attachments: #1 Proposed Order Order)(Hardin, Julie) [Transferred from Texas Southern on 8/16/2018.] |
| Filing 3 AFFIDAVIT re: #1 Complaint,, filed. (Attachments: #1 Affidavit Affidavit of Service- Bard, #2 Affidavit Affidavit of Service-Davol)(Stokes, Kelsey) [Transferred from Texas Southern on 8/16/2018.] |
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Filing 2
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/27/2017 at 09:30 AM in Sixth Floor Courtroom before Judge George C Hanks Jr(Signed by Judge George C Hanks, Jr) Parties notified.(dwilkerson, 3) [Transferred from Texas Southern on 8/16/2018.]
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| Summons Issued as to C. R. Bard Inc., Davol, Inc.. Issued summons delivered to plaintiff by First-class mail, filed.(agould, 3) [Transferred from Texas Southern on 8/16/2018.] |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-18077616) filed by Carolyn D. Armstrong, Michael J. Simon, Robert N. Smith. (Attachments: #1 Civil Cover Sheet, #2 Unredacted attachment Summons - Bard, #3 Unredacted attachment Summons - Davol)(Johnson, J) [Transferred from Texas Southern on 8/16/2018.] |
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