Brewer v. Boston Scientific Corporation
| Judy Brewer |
| Boston Scientific Corporation, C. R. Bard, Inc., Tissue Science Laboratories Limited and Sofradim Production SAS |
| 1:2019cv00034 |
| March 25, 2019 |
| US District Court for the Middle District of Tennessee |
| William L Campbell |
| Barbara D Holmes |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 19 NOTICE of Initial Case Management Conference set for 6/14/2019 at 11:00 AM in Columbia before Magistrate Judge Barbara D. Holmes. (dt) |
| Filing 18 NOTICE of Business Entity Disclosure Statement filing requirement. (dt) |
| Filing 17 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt) |
| Filing 16 Case transferred in from the District of West Virginia Southern; Case Number 2:15-cv-14676. Original file certified copy of transfer order and docket sheet received. |
| NOTICE TO COUNSEL Caryn Michele Papantonakis: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court where admitted, and pay a fee of $100.00 (LR 83.01(b)). PHV due by 4/15/2019. (dt) |
| NOTICE TO COUNSEL Caryn Michele Papantonakis: WITHIN 21 DAYS, counsel shall associate local counsel qualified to practice in the United States District Court for the Middle District of Tennessee. Local counsel shall electronically file a Notice of Appearance (LR 83.01(d)). Appearance by local counsel due by 4/15/2019. (dt) |
| TX State Bar status verified as active for Caryn Michele Papantonakis. (dt) |
Filing 15
ORDER (Dismissing Certain Defendants with Prejudice and possible transfer of case(s) to MDL 2326) Directing that (1) the Joint Motion to Dismiss with Prejudice filed in MDL 2187 is GRANTED; the Plaintiff(s)' Motion to Transfer is DENIED as moot; and (2) the Covidien defendants are DISMISSED WITH PREJUDICE from the action(s) listed on the attached Exhibit(s) A; (3) if there are no remaining defendants in a civil action, then (a) that civil action is dismissed and stricken from the docket and (b) any pending motions are DENIED as moot; and, (4) if other defendants remain in a civil action, then those actions are TRANSFERRED to MDL 2326. The Clerk is DIRECTED to: (1) dismiss the Covidien defendants from the individual civil action(s) with prejudice; (2) if no other defendants remain in an individual action, then (a) strike the action from the docket, and (b) close the case; and (3) if there are remaining defendants in an individual action, then (a) transfer the case to MDL 2326, and (b) if the case has a Wave flag set from the Omnibus Order, then change the Wave flag to the appropriate Wave flag if necessary. Signed by Judge Joseph R. Goodwin on 3/22/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2187; Cases Listed on Exhibit A) (brn) [Transferred from West Virginia Southern on 3/25/2019.]
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Filing 14
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 13
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) (mek) [Transferred from West Virginia Southern on 3/25/2019.]
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| Filing 12 STIPULATION OF SETTLEMENT BETWEEN CERTAIN PARTIES (Relief from deadlines set forth in PTO #275) by Sofradim Production SAS, Tissue Science Laboratories Limited, Judy Brewer (Hobbs, Micah) (Modified on 6/13/2018 to add party filer) (kp). [Transferred from West Virginia Southern on 3/25/2019.] |
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Filing 11
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) (PMA) [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 Micah L. Hobbs on behalf of Tissue Science Laboratories Limited. (Hobbs, Micah) [Transferred from West Virginia Southern on 3/25/2019.] |
| Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Micah L. Hobbs on behalf of Sofradim Production SAS. (Hobbs, Micah) [Transferred from West Virginia Southern on 3/25/2019.] |
| Filing 8 PLAINTIFF PROFILE FORM filed by Judy Brewer. (Papantonakis, Caryn) [Transferred from West Virginia Southern on 3/25/2019.] |
| Filing 7 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 6 WAIVER OF SERVICE EXECUTED. Waiver signed by Richard B. North, Jr. on 01/06/2016. (North, Richard) [Transferred from West Virginia Southern on 3/25/2019.] |
| Filing 5 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 4 WAIVER OF SERVICE EXECUTED. Waiver signed by Richard B. North, Jr. on 12/02/2015. C. R. Bard, Inc. waiver mailed on 11/18/2015, answer due 1/19/2016. (North, Richard) [Transferred from West Virginia Southern on 3/25/2019.] |
| NOTICE OF DOCKET CORRECTION re: #3 Amended Short Form Complaint filed by Judy Brewer. ERROR: Incorrect image attached. CORRECTION: Incorrect image removed and replaced with correct image. (skh) [Transferred from West Virginia Southern on 3/25/2019.] |
| Filing 3 AMENDED SHORT FORM COMPLAINT filed by Judy Brewer against Sofradim Production SAS ("Sofradim"), Tissue Science Laboratories Limited ("TSL"), Boston Scientific Corporation. (Papantonakis, Caryn) (Modified on 11/30/2015 to remove and replace incorrect image and to add and remove defendants per the amended short form complaint) (skh). [Transferred from West Virginia Southern on 3/25/2019.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 199 (ORDER ESTABLISHING REPORTING ON PAYMENT TO THE MDL 2187 FUND) entered on 10/29/2015 in MDL 2187 to attorneys in member case. (Attachments: #1 Exhibit A, #2 Exhibit B) (kp) [Transferred from West Virginia Southern on 3/25/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-4204690. (Attachment: #1 Civil Cover Sheet) (jk) [Transferred from West Virginia Southern on 3/25/2019.] |
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