Sweezey v. C R Bard Incorporated et al
| Raymon J Sweezey, IV |
| C R Bard Incorporated and Bard Peripheral Vascular Incorporated |
| ADR Provider |
| 3:2019cv02172 |
| September 13, 2019 |
| US District Court for the Northern District of Texas |
| Sam R Cummings |
| Karen Gren Scholer |
| Torts/Pers Inj: Product Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on March 12, 2020. A more recent docket listing may be available from PACER.
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:54. NEF of Thu Nov 7 16:47:27 CST 2019 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:55. Thu Nov 7 08:45:56 CST 2019 (crt) |
Filing 55
AMENDED SCHEDULING ORDER: Jury Trial set on the Court's three-week docket beginning 4/13/2020 before Judge Karen Gren Scholer. Amended Pleadings due by 11/15/2019. Motions due by 2/3/2020. Discovery due by 2/3/2020. Pretrial Conference set for 4/2/2020 01:30 PM before Judge Karen Gren Scholer. (Ordered by Judge Karen Gren Scholer on 11/6/2019) (ndt)
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Filing 54
ELECTRONIC ORDER: At the November 6, 2019, status conference, Defendants agreed to the relief requested in #52 Plaintiff's Motion to Quash. Accordingly, and for the reasons articulated in the record, the Court finds as moot #52 Plaintiff's Motion to Quash. (Ordered by Judge Karen Gren Scholer on 11/6/2019) (chmb)
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| Filing 53 ELECTRONIC Minute Entry for proceedings held before Judge Karen Gren Scholer: Status Conference held on 11/6/2019. Attorney Appearances: Plaintiff - Ben C Martin, Charla G Aldous, and Laura Jean Baughman; Defense - Elizabeth Helm, Melissa Dorman Matthews, and Brandee J Kowalzyk. (Court Reporter: Tutti Bui) (No exhibits) Time in Court - 0:03. (chmb) |
| Filing 52 MOTION to Quash Defendants' Videotaped Deposition Notice of Robert P. Allen, M.D. filed by Raymon J Sweezey, IV (Attachments: #1 Proposed Order) (Martin, Ben) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:51. NEF of Mon Nov 4 10:07:46 CST 2019 (crt) |
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Filing 51
ELECTRONIC ORDER: Pursuant to counsel's request, the Court sets this case for status conference on November 6, 2019, at 1:30 p.m. at the United States District Court, 1100 Commerce Street, Courtroom 1632, Dallas, Texas 75242. Lead counsel or local counsel for each party with authority to bind their respective clients shall be present. (Ordered by Judge Karen Gren Scholer on 11/1/2019) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:49,50. Tue Oct 29 10:34:17 CDT 2019 (crt) |
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Filing 50
ORDER granting #47 Application for Admission Pro Hac Vice of Philip M. Busman. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Karen Gren Scholer on 10/28/2019) (epm)
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Filing 49
ORDER granting #48 Application for Admission Pro Hac Vice of James F. Rogers. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Karen Gren Scholer on 10/28/2019) (epm)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:45,46. Mon Oct 28 13:52:43 CDT 2019 (crt) |
| Filing 48 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney James F. Rogers (Filing fee $100; Receipt number 0539-10364158) filed by Bard Peripheral Vascular Incorporated, C R Bard Incorporated (Attachments: #1 Additional Page(s) Certificate of Good Standing, #2 Proposed Order) (Matthews, Melissa) |
| Filing 47 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Philip M. Busman (Filing fee $100; Receipt number 0539-10364154) filed by Bard Peripheral Vascular Incorporated, C R Bard Incorporated (Attachments: #1 Additional Page(s) Certificate of Good Standing, #2 Proposed Order) (Matthews, Melissa) |
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Filing 46
ORDER granting #38 Application for Admission Pro Hac Vice of Matthew E. Brown. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Karen Gren Scholer on 10/23/2019) (rekc)
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Filing 45
ORDER granting #37 Application for Admission Pro Hac Vice of Matthew B. Lerner. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Karen Gren Scholer on 10/23/2019) (rekc)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:43. Tue Oct 22 14:53:47 CDT 2019 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:42. Tue Oct 22 13:21:26 CDT 2019 (crt) |
| Filing 44 AMENDED ANSWER to #1 Complaint with Jury Demand filed by Bard Peripheral Vascular Incorporated, C R Bard Incorporated. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (aaa) |
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Filing 43
ORDER granting #31 Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Karen Gren Scholer on 10/21/2019) (aaa)
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Filing 42
ORDER re Defendants' #35 MOTION for Permission to Contact Treating Providers, and for Extension of Time to Serve Expert Reports or Alternatively, to Exclude Evidence of Plaintiff's Late-Disclosed Medical Providers. The Court grants the Motion in part, and will extend Defendants' deadline to disclose their experts to 10/25/2019. However, Plaintiff may disclose his rebuttal experts, if any, by 11/01/2019. As Plaintiff has agreed that defense counsel may contact Plaintiff's treaters for the purpose of scheduling dispositions, see Resp. 1, that portion of the Motion is terminated as moot. All relief not expressly granted is denied. (Ordered by Judge Karen Gren Scholer on 10/21/2019) (twd)
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Filing 41
ELECTRONIC ORDER: By separate Order, the Court granted in part #35 Defendants' Motion for Permission to Contact Treating Providers, and for Extension of Time to Serve Expert Reports or Alternatively, to Exclude Evidence of Plaintiff's Late-Disclosed Medical Providers. In light of that ruling, the Court finds as moot #34 Defendants' Motion for Expedited Hearing of Discovery Dispute. (Ordered by Judge Karen Gren Scholer on 10/21/2019) (chmb)
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| Filing 40 REPLY filed by Bard Peripheral Vascular Incorporated, C R Bard Incorporated re: #35 MOTION to Extend Time of time (Attachments: #1 Exhibit(s) A) (Matthews, Melissa) |
| Filing 39 RESPONSE filed by Raymon J Sweezey, IV re: #35 MOTION to Extend Time of time (Attachments: #1 Exhibit(s) Ex 1, #2 Exhibit(s) Ex 2, #3 Exhibit(s) Ex 3, #4 Exhibit(s) Ex 4) (Martin, Ben) |
| Filing 38 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Matthew B. Lerner (Filing fee $100; Receipt number 0539-10349124) filed by Bard Peripheral Vascular Incorporated, C R Bard Incorporated (Attachments: #1 Additional Page(s) Certificate of Good Standing, #2 Proposed Order) (Matthews, Melissa) (Main Document 38 and 38-2 replaced to flatten image on 10/21/2019) (dsr). |
| Filing 37 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Matthew E. Brown (Filing fee $100; Receipt number 0539-10349096) filed by Bard Peripheral Vascular Incorporated, C R Bard Incorporated (Attachments: #1 Additional Page(s) Certificate of Good Standing, #2 Proposed Order) (Matthews, Melissa) (Main Document 37 and 37-2 replaced to flatten images on 10/21/2019) (dsr). |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF of 36 Mon Oct 21 11:41:26 CDT 2019 (crt) |
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Filing 36
ELECTRONIC ORDER: The Court is in receipt of #34 Defendants' Motion for Permission to Contact Treating Providers and for Extension of Time to Serve Expert Reports or Alternatively, to Exclude Evidence of Plaintiff's Late-Disclosed Medical Providers. The Court orders Plaintiff respond to the Motion on or before October 21, 2019, at 12:00 P.M. The Court cautions the parties that any delay in discovery may jeopardize the trial setting in this case, and possibly the related cases, pending before this Court. (Ordered by Judge Karen Gren Scholer on 10/18/2019) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:32. Thu Oct 17 16:28:31 CDT 2019 (crt) |
| Filing 35 MOTION to Extend Time of time filed by Bard Peripheral Vascular Incorporated, C R Bard Incorporated (Attachments: #1 Exhibit(s) A - Bard's Request to OC, #2 Exhibit(s) B - Plf's Design of Experts, #3 Exhibit(s) C - BM email to MDM, #4 Exhibit(s) D - Allen - Reliance List, #5 Exhibit(s) E - Email to OC re: missing records) (Matthews, Melissa) |
| Filing 34 MOTION for Hearing of Discovery Dispute filed by Bard Peripheral Vascular Incorporated, C R Bard Incorporated (Attachments: #1 Proposed Order) (Matthews, Melissa) |
| Filing 33 AMENDED DOCUMENT by C R Bard Incorporated, Bard Peripheral Vascular Incorporated. Amendment to #31 MOTION for Leave to File Amended Answer. Amended Certificate of Conference. (Matthews, Melissa) |
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Filing 32
ORDER granting #30 Application for Admission Pro Hac Vice of Elizabeth C. Helm. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Karen Gren Scholer on 10/15/2019) (rekc)
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| Filing 31 MOTION for Leave to File Amended Answer filed by Bard Peripheral Vascular Incorporated, C R Bard Incorporated with Brief/Memorandum in Support. (Attachments: #1 Proposed Amendment, #2 Proposed Order) (Matthews, Melissa) |
| Filing 30 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Elizabeth C. Helm (Filing fee $100; Receipt number 0539-10332049) filed by Bard Peripheral Vascular Incorporated, C R Bard Incorporated (Attachments: #1 Additional Page(s) Certificate of Good Standing, #2 Proposed Order) (Matthews, Melissa) |
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Filing 29
ORDER granting #24 Application for Admission Pro Hac Vice of Brandee J. Kowalzyk. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Karen Gren Scholer on 10/9/2019) (ykp)
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Filing 28
ORDER granting #25 Application for Admission Pro Hac Vice of Taylor Tapley Daly. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Karen Gren Scholer on 10/9/2019) (ykp)
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Filing 27
MEDIATION ORDER. The court appoints Craig W Phillips as mediator. The parties are to complete mediation by 21 days before trial. #Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. (Ordered by Judge Karen Gren Scholer on 10/9/2019) (mla)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:28, 29. Wed Oct 9 17:01:29 CDT 2019 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:27. and Dispute Resolution Form. Wed Oct 9 13:30:09 CDT 2019 (crt) |
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Filing 26
SCHEDULING ORDER: Jury Trial set for 1/13/2020 09:00 AM before Judge Karen Gren Scholer. Amended Pleadings due by 10/15/2019. Motions due by 11/25/2019. Discovery due by 12/16/2019. Pretrial Materials due by 12/13/2019. Pretrial Conference set for 12/19/2019 10:00 AM before Judge Karen Gren Scholer. Deadline for mediation is on or before 12/23/2019. Pretrial Conference set for 1/7/2020 01:00 PM before Judge Karen Gren Scholer. (Ordered by Judge Karen Gren Scholer on 10/8/2019) (chmb)
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| Filing 25 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Taylor Tapley Daly (Filing fee $100; Receipt number 0539-10321090) filed by Bard Peripheral Vascular Incorporated, C R Bard Incorporated (Attachments: #1 Additional Page(s) Certificate of Good Standing, #2 Proposed Order) (Matthews, Melissa) |
| Filing 24 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Brandee J. Kowalzyk (Filing fee $100; Receipt number 0539-10321080) filed by Bard Peripheral Vascular Incorporated, C R Bard Incorporated (Attachments: #1 Additional Page(s) Certificate of Good Standing, #2 Proposed Order) (Matthews, Melissa) |
| Filing 23 NOTICE of Attorney Appearance by Ben C Martin for Charla Aldous on behalf of Raymon J Sweezey, IV. (Martin, Ben) |
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Filing 22
ORDER granting #16 Motion to File Status Report Appendix A Under Seal. (Ordered by Judge Karen Gren Scholer on 10/1/2019) (mla)
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| Filing 21 STATUS REPORT filed by Raymon J Sweezey, IV. (Baughman, Laura) |
| Filing 20 Proposal for contents of scheduling and discovery order by Raymon J Sweezey, IV. (Baughman, Laura) |
| Filing 19 Proposed Order of Cases to be Tried by Bard Peripheral Vascular Incorporated, C R Bard Incorporated. (Matthews, Melissa) Modified text on 10/1/2019 (rekc). |
| Filing 18 (Document Restricted) Sealed Motion to File Status Report Appendix A Under Seal (Sealed pursuant to SO 19-1, statute, or rule) filed by Bard Peripheral Vascular Incorporated, C R Bard Incorporated (Attachments: #1 Appendix) (Matthews, Melissa) Modified event on 10/1/2019 (rekc). |
| Filing 17 STATUS REPORT filed by Bard Peripheral Vascular Incorporated, C R Bard Incorporated. (Matthews, Melissa) |
| Filing 16 Motion to File Status Report Appendix A Under Seal. filed by Bard Peripheral Vascular Incorporated, C R Bard Incorporated (Attachments: #1 Proposed Order) (Matthews, Melissa) Modified text on 10/1/2019 (rekc). |
| Filing 15 ELECTRONIC Minute Entry for proceedings held before Judge Karen Gren Scholer: Scheduling Conference held on 9/20/2019. Attorney Appearances: Plaintiff - Ben Martin and Laura Baughman; Defense - Melissa Matthews. (Court Reporter: Charyse Crawford) (No exhibits) Time in Court - 00:07. (chmb) |
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Filing 14
ELECTRONIC ORDER: The parties in this case appeared before the Court through counsel for a status conference hearing on September 20, 2019. Pursuant to the Court's instructions at the status conference, the parties are required to submit an agreed list of cases that have been remanded or transferred from the multidistrict litigation proceeding, styled In Re: Bard IVC Filters Products Liability Litigation, to the Dallas Division of the Northern District of Texas. The cases should be listed in the order in which the parties believe they should be tried. If the parties cannot come to an agreement, the parties should each submit an ordered list of cases for the Courts review by such date. (Ordered by Judge Karen Gren Scholer on 9/20/2019) (chmb)
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Filing 13
ELECTRONIC ORDER: The parties in this case appeared before the Court through counsel for a status conference hearing on September 20, 2019. Pursuant to the Court's instructions at the status conference, the parties are ordered to submit an agreed status report on or before September 30, 2019. If the parties cannot come to an agreement, the parties should each submit a status report for the Courts review by such date. The status report(s) must include the parties requested trial date, an estimated length of trial, and a detailed list of outstanding case-specific discovery and anticipated motion practice. (Ordered by Judge Karen Gren Scholer on 9/20/2019) (chmb)
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| Filing 12 NOTICE of Attorney Appearance by Laura Jean Baughman on behalf of Raymon J Sweezey, IV. (Filer confirms contact info in ECF is current.) (Baughman, Laura) |
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Filing 11
ORDER: The Court hereby sets this case for status conference on September 20, 2019, at 1:30 p.m. at the United States District Court, 1100 Commerce Street, Courtroom 1632, Dallas, Texas 75242. This status conference shall also serve as the Rule 16 pretrial conference if one has not been held in this case prior to transfer. (Ordered by Judge Karen Gren Scholer on 9/17/2019) (chmb)
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Filing 10
ORDER: The Court hereby ORDERS that the above-styled and-numbered civil action be TRANSFERRED to the docket of the Honorable United States District Judge Karen Gren Scholer for further case management. The Clerk of Court is hereby directed to change the docket to reflect such transfer. (Ordered by Senior Judge Sam R Cummings on 9/17/2019) (aaa)
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| Filing 9 NOTICE of Attorney Appearance by Melissa Dorman Matthews on behalf of Bard Peripheral Vascular Incorporated, C R Bard Incorporated. (Filer confirms contact info in ECF is current.) (Matthews, Melissa) |
| Filing 8 The Parties' Notice of Filing Submission Regarding Remand Or Transfer of Certain Cases by Plaintiffs, Bard Peripheral Vascular Incorporated, C R Bard Incorporated. Documents requested by the parties from the MDL-2641 master case are attached. (Attachments: #1 Case Management Orders, #2 Discovery Orders, #3 Discovery and Privilege Orders, #4 Daubert Orders, #5 Motions in Limine Orders, #6 Deposition Designation Orders, #7 Miscellaneous Orders, #8 Master and Short Form Pleadings) (twd) |
| Filing 6 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (twd) |
| Filing 5 Case electronically transferred in from District of Arizona; Case Number 2:19-cv-01608. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. |
| Remark: Transferring Case to the Northern District of Texas via electronic transfer. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 9/13/2019.] |
| Filing 4 NOTICE OF FILING AMENDED SCHEDULES FOR CASES TO BE TRANSFERRED OR REMANDED Re: #3 . Signed by Senior Judge David G Campbell on 8/26/19. (MAP) [Transferred from Arizona on 9/13/2019.] |
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Filing 3
SUGGESTION OF REMAND AND TRANSFER ORDER. See Document for Details. Signed by Senior Judge David G Campbell on 8/19/19. (SLQ) [Transferred from Arizona on 9/13/2019.]
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| Filing 2 This case has been assigned to the Honorable David G. Campbell, with member case number: CV-19-1608-PHX-DGC. This case is included in MDL-2641. All future pleadings or documents should be filed in the Lead Case: 2:15-md-2641-DGC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 9/13/2019.] |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-16632022 filed by Raymon J Sweezey, IV. (Attachments: #1 Civil Cover Sheet)(MAP) [Transferred from Arizona on 9/13/2019.] |
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