WEAVER v. C. R. BARD, INC.
| JERICA WEAVER |
| C R Bard Inc |
| 2:2026cv01045 |
| August 27, 2026 |
| U.S. District Court for the Southern District of Ohio |
| Kimberly A Jolson |
| Edmund A Sargus |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 27, 2026. A more recent docket listing may be available from PACER.
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| Filing 17 NOTICE of Appearance by Silvino John Diaz for Plaintiff JERICA WEAVER (Diaz, Silvino) |
| Filing 16 Case transferred in from District of New Jersey; Case Number 2:26-cv-06220. Original file electronic copy of transfer order and docket sheet received. |
| Judge Edmund A. Sargus and Magistrate Judge Kimberly A. Jolson added. (er) |
Filing 15
Order of MDL Panel transferring case to the Southern District of Ohio. (krg, ) [Transferred from New Jersey on 8/27/2026.]
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| Filing 14 Letter from Joint Status Letter re 12 Text Order,,,,,,,,,,,,. (Attachments: #1 Exhibit A - Conditional Transfer Order)(FANNING, EDWARD) [Transferred from New Jersey on 8/27/2026.] |
| Filing 13 Letter from Joint Status Letter re 12 Text Order,,,,,,,,,,,,. (Attachments: #1 Exhibit A - Notice of Potential Tag-Along Actions)(FANNING, EDWARD) [Transferred from New Jersey on 8/27/2026.] |
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Filing 12
TEXT ORDER: The Court has reviewed the parties' Joint Status Letter, D.E. 11 ("Joint Letter"). Plaintiff's Motion to Remand, D.E. 6, was administratively terminated and is not presently pending. The Court construes Plaintiff's position in the Joint Letter as advising that she does not seek reinstatement of the Motion at this time.The Court does not agree with Defendant's assertion that Plaintiff has "concede[d] that this Court correctly concluded" that removal was proper. D.E. 11 at 2-3. Plaintiff made no such concession, and the Court reached no merits determination. The Court's prior Text Order stated only that Defendant "appears to be correct" based on the parties' pre-motion submissions and administratively terminated the Motion to permit the parties to confer. Plaintiff's decision not to seek reinstatement of the Motion therefore should not be characterized as a substantive concession, nor should the Court's preliminary observation be characterized as an adjudication.Because no motion to remand is presently before the Court, Defendant's request for an order "confirming" that removal was proper is DENIED. The Court expresses no view on whether any future remand application would be timely or otherwise permissible. Any such application must address 28 U.S.C. 1447(c).The Joint Letter also reflects that this action may be a potential tag-along action to In re Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation, MDL No. 2846. The Court concludes that the most efficient course is to permit the Judicial Panel on Multidistrict Litigation ("JPML") to address whether this action should be transferred before the parties undertake potentially duplicative case-management proceedings and discovery in this District. Defendant's request to reassign this action and the other identified actions to a single judicial team is therefore DENIED without prejudice.It is ORDERED that, on or before August 3, 2026, the parties shall file a joint status letter advising whether the JPML has been notified that this action is a potential tag-along action to MDL No. 2846. The parties shall attach any Notice of Potential Tag-Along Action, Conditional Transfer Order, notice of opposition, or motion to vacate and identify the corresponding JPML docket number. If no notice has been filed, the parties shall explain why and state whether and when either party intends to provide notice.Pending further Order, the Rule 26(f) conference, discovery, and other case-management proceedings are STAYED. The parties shall preserve all relevant evidence but may voluntarily collect or exchange Plaintiff-specific medical, implant, explant, product-identification, and damages materials. Within 3 days of any action by the JPML concerning this case, and in any event on or before August 10, 2026, the parties shall file a joint status letter attaching the relevant JPML notice or order and proposing the appropriate next steps. So Ordered by Judge Evelyn Padin on 7/27/2026. (bt) [Transferred from New Jersey on 8/27/2026.]
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| Filing 11 Letter from Joint Status Letter. (DIAZ, SILVINO) [Transferred from New Jersey on 8/27/2026.] |
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Filing 10
TEXT ORDER: The Court has reviewed Plaintiff's pre-motion letter seeking leave to move for remand and Defendant's response. D.Es. #8 & #9 . Based on the presently undisputed chronology, it appears that Defendant removed this diversity action before service was perfected. Under Encompass Insurance Co. v. Stone Mansion Restaurant Inc., 902 F.3d 147, 152-54 (3d Cir. 2018), and Avenatti v. Fox News Network, LLC, 41 F.4th 125, 128 n.1 (3d Cir. 2022), Defendant therefore appears to be correct that removal was proper notwithstanding its status as a forum defendant. In light of that authority, the Court directs the parties to meet and confer in good faith regarding a potential resolution of this matter to avoid unnecessary motion practice. Within 14 days of this Order, the parties shall file a joint letter updating the Court on the status of those discussions and advising how they propose to proceed. So Ordered by Judge Evelyn Padin on 7/10/2026. (bt) [Transferred from New Jersey on 8/27/2026.]
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| Filing 9 RESPONSE re #8 Letter. (FANNING, EDWARD) [Transferred from New Jersey on 8/27/2026.] |
| Filing 8 Letter re #6 Notice (Other),,,. (SACKS, SHAYNA) [Transferred from New Jersey on 8/27/2026.] |
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Filing 7
TEXT ORDER: Despite this Court's preferences, Plaintiff has filed a motion to remand without first filing a pre-motion letter. D.E. #6 . Accordingly, the Clerk of Court shall ADMINISTRATIVELY TERMINATE D.E. #6 . In addition to reviewing this Court's preferences, by 7/2/2026, Plaintiff shall file said pre-motion letter. Defendant shall respond within one week. At that time, the Court will review the letters to determine whether a conference is necessary and/or whether the motion can immediately proceed. So Ordered by Judge Evelyn Padin on 6/26/2026. (bt) [Transferred from New Jersey on 8/27/2026.]
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| Filing 6 NOTICE by JERICA WEAVER Motion to Remand (Attachments: #1 Memorandum Plaintiff's Memorandum in Support of Motion to Remand, #2 Declaration Declaration of Counsel Shayna E. Sacks in Support of Motion to Remand, #3 Certificate of Service Certificate of Service, #4 Text of Proposed Order Proposed Order, #5 Exhibit Exhibit 1 - Notice of Removal - Jerica Weaver, #6 Exhibit Exhibit 2 - Remand Order - James Bagley, #7 Exhibit Exhibit 3 - Remand Order - Paul Miller, #8 Exhibit Exhibit 4 - Remand Order - Shannon Paul Horney, #9 Exhibit Exhibit 5 - Remand Order - John Sayre, #10 Exhibit Exhibit 6 - Remand Order - Kelly Kelly, #11 Exhibit Exhibit 7 - Remand Order - Mary Watts, #12 Exhibit Exhibit 8 - Remand Order - Jason Dunivant)(SACKS, SHAYNA) [Transferred from New Jersey on 8/27/2026.] |
| Filing 5 ANSWER to Complaint by C. R. BARD, INC..(FANNING, EDWARD) [Transferred from New Jersey on 8/27/2026.] |
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Filing 4
TEXT ORDERZ: Defendant C.R. Bard, Inc. removed this action to this Court on 5/28/2026, after Plaintiff filed the Complaint in the Superior Court of New Jersey, Law Division, Bergen County, on 5/28/2026. D.E. 1. The Court has no record that Defendant answered before removal. Pursuant to Federal Rule of Civil Procedure 81(c)(2), Defendant was required to answer or otherwise respond within the longest of the periods set forth in Rule 81(c)(2)(A)-(C). It appearing that Defendant's time to answer or otherwise respond has expired, it is ORDERED that, on or before 6/26/2026, Defendant's counsel shall file an answer or otherwise respond to the Complaint. So Ordered by Judge Evelyn Padin on 6/22/2026. (bt) [Transferred from New Jersey on 8/27/2026.]
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| Filing 3 Diversity Disclosure Statement by C. R. BARD, INC.. (FANNING, EDWARD) [Transferred from New Jersey on 8/27/2026.] |
| Filing 2 Corporate Disclosure Statement by C. R. BARD, INC. identifying Becton, Dickinson and Company as Corporate Parent.. (FANNING, EDWARD) [Transferred from New Jersey on 8/27/2026.] |
| Filing 1 NOTICE OF REMOVAL by C. R. Bard, Inc. from Superior Court of New Jersey, Bergen County, case number BER-L-5276-26. ( Filing and Admin fee $ 405 receipt number ANJDC-17472657), filed by C. R. Bard, Inc.. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Certification of Service)(FANNING, EDWARD) [Transferred from New Jersey on 8/27/2026.] |
| Case Assigned to Judge Evelyn Padin and Magistrate Judge Cari Fais. (mfr) [Transferred from New Jersey on 8/27/2026.] |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. P. 7.1, a disclosure statement is required to be filed by a nongovernmental corporate party or intervenor. Please refer to the Court's website at #www.njd.uscourts.gov for a form and filing instructions. (mj) [Transferred from New Jersey on 8/27/2026.] |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. P. 7.1(a)(2), unless the Court orders otherwise, in any action filed or removed to this Court, in which jurisdiction is based upon diversity under 28 U.S.C. 1332(a), a party or intervenor must file a disclosure statement naming and identifying the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. A party, intervenor or proposed intervenor must file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the Court. #Click here to complete the Diversity Disclosure Statement, once complete, file it using the event Diversity Disclosure Statement. (mj) [Transferred from New Jersey on 8/27/2026.] |
| CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Party Information - Parties are to be entered in all capital letters . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (mj) [Transferred from New Jersey on 8/27/2026.] |
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| Plaintiff: JERICA WEAVER | |
| Represented By: | Silvino John Diaz |
| Represented By: | Shayna E. Sacks |
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| Defendant: C R Bard Inc | |
| Represented By: | Edward J. Fanning, Jr. |
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