Holmes v. C. R. Bard, Inc. et al
| Jodi Holmes |
| Boston Scientific Corporation, C. R. Bard, Inc. and Tissue Science Laboratories Limited |
| 3:2019cv00434 |
| March 25, 2019 |
| US District Court for the District of Oregon |
| Marco A Hernandez |
| Personal Inj. Product Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 25 Case transferred in from District of West Virginia Southern; Case Number 2:15-cv-01848. Electronic file received. |
| Filing 24 STIPULATION OF DISMISSAL Without Prejudice as to Tissue Science Laboratories Limited, C. R. Bard, Inc., by Jodi Holmes, Tissue Science Laboratories Limited, C. R. Bard, Inc. (Kuntz, Jeffrey) (Modified on 3/15/2019 to add party filer) (lca). [Transferred from West Virginia Southern on 3/25/2019.] |
Filing 23
ORDER In the cases listed on Exhibits A-T, the court has been notified of settlement or that a dismissal will be filed; the parties have indicated to the court that they agree proper venue resides in the United States District Courts identified on Exhibits A-T; it is ORDERED that in fourteen (14) days, the cases on Exhibits A-T are transferred to the United States District Courts identified on Exhibits A-T pursuant to 28 U.S.C. 1404(a); it is further ORDERED that within these fourteen (14) days, the parties shall file a joint designation of any non-PTO filings from 2:10-md-2187; immediately after the expiration of fourteen (14) days, the Clerk of this court is DIRECTED to transmit the following to the United States District Courts on Exhibits A-T: (1) a copy of the docket sheet for each individual case on Exhibits A-T; (2) the entire file for each case on Exhibits A-T; (3) the docket sheet for MDL 2187, 2:10-md-2187; (4) all Pretrial Orders entered in 2:10-md-2187; and (5) any other non-PTO filing from 2:10-md-2187 which the parties jointly designate in the individual cases on Exhibits A-T. Signed by Judge Joseph R. Goodwin on 3/8/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party; offices of the Chief District Judges of the United States District Courts for the cases on Exhibits A-T) (REF: MDL 2187; Cases on Exhibits A-T) (kab) [Transferred from West Virginia Southern on 3/25/2019.]
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| Filing 22 STIPULATION OF SETTLEMENT BETWEEN CERTAIN PARTIES (Relief from deadlines set forth in PTO #275) by Tissue Science Laboratories Limited, C. R. Bard, Inc., Jodi Holmes (Hobbs, Micah) (Modified on 6/22/2018 to add party filers) (kp). [Transferred from West Virginia Southern on 3/25/2019.] |
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Filing 21
PRETRIAL ORDER # 283 (Amended Docket Control Order C. R. Bard Wave 7 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 275. The parties are advised that while this order will be entered in the individual cases in the coming days, it is effective as of the day it was entered in the main MDL. The following deadlines immediately apply in all Wave 7 cases: Plaintiff Fact Sheets due by 03/19/2018; Defendant Fact Sheets due by 04/19/2018; Deadline for written discovery requests due by 05/18/2018; Expert disclosures served by plaintiffs pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 07/13/2018; Expert disclosure served by defendants pursuant to Fed R. Civ P. 26 as limited by 3.a. of this order due by 08/13/2018; Expert disclosure served for rebuttal pursuant to Fed R. Civ. P. 26 as limited by 3.a. of this order due by 08/20/2018; Deposition deadline and close of discovery due by 10/04/2018; Filing of Dispositive Motions due by 10/18/2018; Response to Dispositive Motions due by 10/25/2018; Reply to response to dispositive motions due by 11/01/2018; Filing of Daubert motions due by 10/18/2018; Responses to Daubert motions due by 10/25/2018; Reply to response to Daubert motions due by 11/01/2018. Signed by Judge Joseph R. Goodwin on 6/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2187; Active Bard Wave 7 Cases) (mmw) [Transferred from West Virginia Southern on 3/25/2019.]
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| Filing 20 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael A. Tanenbaum on behalf of Boston Scientific Corporation. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 3/25/2019.] |
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Filing 19
PRETRIAL ORDER # 275 (Docket Control Order - C. R. Bard Wave 7 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING C. R. BARD, INC. CASES. The court ORDERS that this Docket Control Order be filed in the main MDL and, as of the time of that filing in every case listed on Exhibit A (hereinafter "Wave 7 cases") becomes subject to the deadlines in this Docket Control Order. The stay on the Covidien Wave 1 cases is lifted and the Covidien Wave 1 cases are incorporated in the C. R. Bard Wave 7 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 7 cases: A. Scheduling Deadlines. Plaintiff Fact Sheets due by 3/19/2018, Defendant Fact Sheets due by 4/19/2018, Deadline for written discovery requests due by 5/18/2018, Expert disclosure by plaintiffs due by 6/04/2018, Expert disclosure by defendants due by 7/05/2018, Expert disclosure for rebuttal purposes due by 7/23/2018, Deposition deadline and close of discovery due by 9/04/2018, Deadline to file list of general causation experts in each individual Wave 7 case due by 9/11/2018, Filing of Dispositive Motions due by 9/21/2018, Response to Dispositive Motions due by 10/05/2018, Reply to response to dispositive motions due by 10/12/2018, Filing of Daubert motions due by 10/05/2018, Responses to Daubert motions due by 10/19/2018, and Reply to response to Daubert motions due by 10/26/2018. B.4. Confidential Documents. In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 8/10/2018, and any response is due by 8/24/2018. Any reply is due by 8/31/2018. C.1. Venue Recommendations. By no later than 8/27/2018 the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties are ORDERED to submit joint venue recommendations to the court by 9/03/2018. Additional directives are set forth herein. Signed by Judge Joseph R. Goodwin on 1/30/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2187; Bard Wave 7 Cases Listed on Exhibit A) (ts) [Transferred from West Virginia Southern on 3/25/2019.]
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| Filing 18 PLAINTIFF PROFILE FORM filed by Jodi Holmes. (Kuntz, Jeffrey) [Transferred from West Virginia Southern on 3/25/2019.] |
| Filing 17 PLAINTIFF PROFILE FORM filed by Jodi Holmes. (Cartmell, Thomas) [Transferred from West Virginia Southern on 3/25/2019.] |
| Filing 16 PLAINTIFF PROFILE FORM filed by Jodi Holmes. (Cartmell, Thomas) (Modified on 6/27/2017 to convert event to plaintiff profile form) (skh). [Transferred from West Virginia Southern on 3/25/2019.] |
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Filing 15
ORDER denying as moot #13 MOTION by Jodi Holmes to Excuse Client Attendance From Settlement Conference Under PTO 223. Signed by Judge Joseph R. Goodwin on 11/4/2016. (cc: counsel of record; any unrepresented party) (mek) [Transferred from West Virginia Southern on 3/25/2019.]
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Filing 14
PRETRIAL ORDER # 228 (Second Amended Docket Control Order - Covidien Wave 1 Cases) The PTO # 222 is briefly STAYED until further order of the court. Since the entry of PTO # 222 (as modified by PTO # 224), it has been determined that some of the cases designated in Covidien Wave 1 name other defendants. Leadership counsel for plaintiffs in Bard and counsel for Bard and the Covidien entities are directed to work together to determine the cases from Exhibits A, B and C attached to PTO # 222 that should be included in a wave, as well as any other cases in the Bard MDL, and provide a list to the court via email on or before 11/09/2016, as more fully set forth herein. This PTO does not change the requirements of PTO #s 220, 223 and 227 related to mandatory settlement conferences in certain cases scheduled to begin 11/09/2016. Signed by Judge Joseph R. Goodwin on 11/2/2016. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2187; Covidien Wave 1 Cases) (mks) [Transferred from West Virginia Southern on 3/25/2019.]
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| Filing 13 MOTION by Jodi Holmes to Excuse Client Attendance From Settlement Conference Under PTO 223 (Kuntz, Jeffrey) [Transferred from West Virginia Southern on 3/25/2019.] |
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Filing 12
PRETRIAL ORDER # 223 (Order re: Mandatory Settlement Conference for Remaining Covidien LP, Sofradim and TSL Plaintiffs) directing that settlement conferences will be conducted as follows: A. for the cases identified on Exhibit A attached hereto, the court will conduct mandatory settlement conferences beginning on 10/25/2016 at 9:00 a.m.; for cases identified on Exhibit B attached hereto, the court will conduct mandatory settlement conferences beginning on 10/26/2016 at 12:00 p.m.; and C. for cases identified on Exhibit C attached hereto the court will conduct mandatory settlement conferences beginning on 11/9/2016 at 9:00 a.m. All conferences will be held in Room 7800 and will continue from day-to-day thereafter. Signed by Judge Joseph R. Goodwin on 10/19/2016. (cc: Clerk of the JPMDL; attys; any unrepresented parties) (REF: MDL 2187; Covidien Wave 1 Cases) (mks) [Transferred from West Virginia Southern on 3/25/2019.]
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Filing 11
PRETRIAL ORDER # 222 (Docket Control Order - Covidien Wave 1 Cases) finding it appropriate to enter a docket control order on the cases that remain outstanding against Covidien, Sofradim and/or TSL in the event negotiations at the upcoming settlement conferences are not fruitful, the cases identified on the attached Exhibits A, B and C will be known as the Covidien Wave 1 cases; the following deadlines will apply in the Covidien Wave 1 cases: Plaintiff Fact Sheets due 11/04/2016; Defendant Fact Sheets due 12/02/2016; Deadline for written discovery requests due 01/16/2017; Expert disclosure by plaintiffs due 01/02/2017; Expert disclosure by defendants due 01/30/2017; Expert disclosure for rebuttal purposes due 02/15/2017; Deposition deadline and close of discovery by 03/01/2017; Filing of Dispositive Motions by 03/21/2017; Response to Dispositive Motions due 04/04/2017; Reply to response to dispositive motions by 04/11/2017; Filing of Daubert motions by 03/29/2017; Responses to Daubert motions by 04/12/2017; Reply to response to Daubert motions by 04/19/2017. A consolidated motion to seal is due by 02/9/2017, any response is due 02/23/2017 and any reply is due 03/2/2017. The parties shall meet and confer concerning the appropriate venue recommendations due by 01/15/2017 and submit joint venue recommendations due by 01/27/2017. Signed by Judge Joseph R. Goodwin on 10/19/2016. (cc: Clerk of the JPMDL; attys; any unrepresented parties) (REF: MDL 2187; Covidien Wave 1 Cases) (slr) [Transferred from West Virginia Southern on 3/25/2019.]
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| Filing 10 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Richard B. North, Jr on behalf of C. R. Bard, Inc.. (North, Richard) [Transferred from West Virginia Southern on 3/25/2019.] |
| Filing 9 WAIVER OF SERVICE EXECUTED. Waiver signed by Richard B. North, Jr. on 05/12/2015. C. R. Bard, Inc. waiver mailed on 4/20/2015, answer due 6/19/2015. (North, Richard) [Transferred from West Virginia Southern on 3/25/2019.] |
| Filing 8 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Bonasso on behalf of Boston Scientific Corporation. (Bonasso, Michael) [Transferred from West Virginia Southern on 3/25/2019.] |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Deborah A. Moeller on behalf of Tissue Science Laboratories Limited. (Moeller, Deborah) [Transferred from West Virginia Southern on 3/25/2019.] |
| Filing 6 WAIVER OF SERVICE EXECUTED. Waiver signed by Deborah Moeller on 4/23/15. Tissue Science Laboratories Limited waiver mailed on 4/20/2015, answer due 6/19/2015. (Moeller, Deborah) [Transferred from West Virginia Southern on 3/25/2019.] |
| Filing 5 WAIVER OF SERVICE EXECUTED. Waiver signed by 4/17/15 on Jon Strongman. Boston Scientific Corporation waiver mailed on 4/17/2015, answer due 6/16/2015. (Strongman, Jon) [Transferred from West Virginia Southern on 3/25/2019.] |
| Filing 4 AMENDED SHORT FORM COMPLAINT filed by Jodi Holmes against C. R. Bard, Inc. ("Bard"), Tissue Science Laboratories Limited ("TSL"), Boston Scientific Corporation. (Kuntz, Jeffrey) [Transferred from West Virginia Southern on 3/25/2019.] |
| Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jon A. Strongman on behalf of Boston Scientific Corporation. (Strongman, Jon) [Transferred from West Virginia Southern on 3/25/2019.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 166 (ORDER APPOINTING ELLEN REISMANAS SPECIAL MASTER) entered on 02/12/2015 in MDL 2187 to attorneys in member case. (Attachment: #1 Exhibit A) (kw) [Transferred from West Virginia Southern on 3/25/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-3691397. (Attachment: #1 Civil Cover Sheet) (tlg) [Transferred from West Virginia Southern on 3/25/2019.] |
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