Apple et al v. C. R. Bard, Inc. et al
| Patricia Apple and Roger A. Barnett, II |
| Boston Scientific Corporation, C. R. Bard, Inc. and Sofradim Production SAS |
| 3:2019cv00243 |
| March 25, 2019 |
| US District Court for the Middle District of Tennessee |
| William L Campbell |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 20 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (am) |
| Filing 19 Case transferred in from the District of West Virginia Southern; Case Number 2:16-cv-07243. Original file certified copy of transfer order and docket sheet received. |
| LA, GA, MO, WV State Bar status verified as active for Douglas Robert Plymale, James R. Dugan, II, Jon A. Strongman, Michael Bonasso, Richard B. North, Jr, Micah L. Hobbs, Deborah A. Moeller. (am) |
| NOTICE TO COUNSEL Douglas Robert Plymale, James R. Dugan, II, Jon A. Strongman, Michael Bonasso, Richard B. North, Jr, Micah L. Hobbs, Deborah A. Moeller: 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. (am) |
| NOTICE TO COUNSEL Douglas Robert Plymale, James R. Dugan, II, Jon A. Strongman, Michael Bonasso, Richard B. North, Jr, Micah L. Hobbs, Deborah A. Moeller: 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. (am) |
| Filing 18 STIPULATION OF DISMISSAL Without Prejudice as to C. R. Bard, Inc., Sofradim Production SAS by Patricia Apple, Roger A. Barnett, II, C. R. Bard, Inc., Sofradim Production SAS. (Plymale, Douglas) (Modified on 3/15/2019 to add party filer) (lca). [Transferred from West Virginia Southern on 3/25/2019.] |
Filing 17
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 16 STIPULATION OF SETTLEMENT BETWEEN CERTAIN PARTIES (Relief from deadlines set forth in PTO #275) by Sofradim Production SAS, C. R. Bard, Inc., Patricia Apple, Roger A. Barnett, II (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 15
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) (st) [Transferred from West Virginia Southern on 3/25/2019.]
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| Filing 14 STIPULATION OF SETTLEMENT BETWEEN CERTAIN PARTIES (Relief from deadlines set forth in PTO #175) by Boston Scientific Corporation, Patricia Apple, Roger A. Barnett, II (Strongman, Jon) (Modified on 6/10/2018 to add party filers) (kp). [Transferred from West Virginia Southern on 3/25/2019.] |
| Filing 13 CERTIFICATE OF SERVICE by Patricia Apple, Roger A. Barnett, II for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Plymale, Douglas) [Transferred from West Virginia Southern on 3/25/2019.] |
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Filing 12
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) (lca) [Transferred from West Virginia Southern on 3/25/2019.]
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| Filing 11 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 10 PLAINTIFF PROFILE FORM filed by Patricia Apple, Roger A. Barnett, II. (Plymale, Douglas) [Transferred from West Virginia Southern on 3/25/2019.] |
| Filing 9 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon A. Strongman on 2/15/2017. Boston Scientific Corporation waiver mailed on 2/10/2017, answer due 4/11/2017. (Strongman, Jon) [Transferred from West Virginia Southern on 3/25/2019.] |
| Filing 8 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 7 AMENDED SHORT FORM COMPLAINT filed by Patricia Apple, Roger A. Barnett, II against C. R. Bard, Inc. ("Bard"), Sofradim Production SAS ("Sofradim"), Boston Scientific Corporation. (Plymale, Douglas) [Transferred from West Virginia Southern on 3/25/2019.] |
| Filing 6 WAIVER OF SERVICE EXECUTED. Waiver signed by Richard B. North, Jr. on 8/12/2016. C. R. Bard, Inc. waiver mailed on 8/8/2016, answer due 10/7/2016. (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 Deborah A. Moeller on 08/16/2016. Sofradim Production SAS waiver mailed on 8/8/2016, answer due 10/7/2016. (Moeller, Deborah) [Transferred from West Virginia Southern on 3/25/2019.] |
| Filing 3 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 2 TRANSMITTED PRETRIAL ORDER # 218 (Order Scheduling Status Conference and Meetings in MDLs on September 13-14, 2016) entered on 07/20/2016 in MDL 2187 to attorneys in member case. (jk) [Transferred from West Virginia Southern on 3/25/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-4767764. (Attachment: #1 Civil Cover Sheet) (bdr) [Transferred from West Virginia Southern on 3/25/2019.] |
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