Evans et al v. Coloplast Corp
| Harold Evans Sr and Ada Evans |
| Coloplast Corp |
| 3:2019cv02282 |
| September 24, 2019 |
| US District Court for the Northern District of Texas |
| Sam R Cummings |
| Torts/Pers Inj: Product Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 4, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 73 Notice and Instruction to Pro Se Party. (ndt) |
Filing 72
ORDER: Having reviewed the docket in the above-styled and -numbered civil action, the Clerk of Court is hereby directed to provide Plaintiffs with instruction for parties who elect to proceed pro se. (Ordered by Senior Judge Sam R Cummings on 11/4/2019) (ndt)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:72,73. Mon Nov 4 16:23:23 CST 2019 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:71. Thu Oct 24 10:20:04 CDT 2019 (crt) |
|
Filing 71
ORDER granting #70 Motion for Leave to Proceed without Resident Local Counsel. Defendant may proceed without local counsel. (Ordered by Senior Judge Sam R Cummings on 10/23/2019) (aaa)
|
| Filing 70 MOTION Leave to Proceed Without Resident Local Counsel filed by Coloplast Corp (Attachments: #1 Proposed Order) (Varney, Lana) |
|
Filing 69
ORDER granting #68 Amended Motion to Withdraw Attorney in Charge. Accordingly, Ada Evans and Harold Evans shall retain new counsel within 21 days from the date of this Order. (Ordered by Senior Judge Sam R Cummings on 10/7/2019) (axm)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:69. Mon Oct 7 12:48:58 CDT 2019 (crt) |
| Filing 68 Amended MOTION to Withdraw filed by Ada Evans, Harold Evans Sr (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s)) (Malik, Shezad) |
|
Filing 67
SCHEDULING ORDER: Motions due by 2/7/2020. Discovery due by 6/15/2020. Trial set for 7/6/2020 at 9:00 AM before Senior Judge Sam R Cummings. (Ordered by Senior Judge Sam R Cummings on 9/30/2019) (aaa)
|
|
Filing 66
ORDER denying as moot without prejudice #27 Motion for Summary Judgment, #29 Motion to Exclude or Limit the Opinion Testimony of Bruce Rosenzweig, M.D., #31 Motion to to Exclude or Limit the Opinions of Defendant Expert Manish Patel, M.D; denying #38 Motion to Include Opinions of Expert Bruce Rosenzweig, M.D. (Ordered by Senior Judge Sam R Cummings on 9/30/2019) (aaa)
|
|
Filing 65
ORDER denying #64 Motion to Withdraw. (Ordered by Senior Judge Sam R Cummings on 9/30/2019) (aaa)
|
| Filing 64 MOTION to Withdraw filed by Ada Evans, Harold Evans Sr (Malik, Shezad) |
| Filing 62 Case electronically transferred in from District of West Virginia Southern; Case Number 2:14-cv-14127. 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. |
| Filing 63 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (sre) |
| Filing 61 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp. (Attachments: #1 ECF 2603 Plaintiffs Notice of Adoption Motion to Exclude Freeman, #2 ECF 2605 Plaintiffs Notice of Adoption Motion to Exclude Molavi, #3 ECF 2606 Plaintiffs Notice of Adoption Motion to Exclude Patel, #4 ECF 2608 Coloplasts Notice of Adoption Motion to Exclude Kohli, #5 ECF 2609 Coloplasts Notice of Adoption Motion to Exclude Mays, #6 ECF 2610 Coloplasts Notice of Adoption Motion to Exclude Pence, #7 ECF 2611 - Coloplasts Notice of Adoption Motion to Exclude Rosenzweig, #8 ECF 2621 Coloplasts Notice of Adoption Motion to Exclude Becker, #9 ECF 2624 Coloplasts Notice of Adoption Motion to Exclude Freeman, #10 ECF 2626 Coloplasts Notice of Adoption Motion to Exclude Molavi, #11 ECF 2627 Coloplasts Notice of Adoption Motion to Exclude Patel, #12 ECF 2637 Order re: Plaintiffs Motion to Compel, #13 ECF 2638 Order Denying Daubert Motions Without Prejudice)(Varney, Lana) (Modified on 9/20/2019 to add party filers)(slr). [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 60 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp. (Attachments: #1 ECF 2536 PSC Opposition to Motion Exclude Pence, #2 ECF 2536-1 Exhibit A, #3 ECF 2536-2 Exhibit B, #4 ECF 2536-3 Exhibit C, #5 ECF 2536-4 Exhibit D, #6 ECF 2536-5 Exhibit E, #7 ECF 2536-6 Exhibit F, #8 ECF 2537 PSC Opposition to Motion to Exclude Rosenzweig, #9 ECF 2538 PSC Opposition to Motion to Exclude Kohli, #10 ECF 2540 Coloplasts Reply in Support of Motion to Exclude (Pence), #11 ECF 2540-1 Exhibit 1-A, #12 ECF 2540-2 Exhibit 1-B, #13 ECF 2542 Coloplasts Reply in Support of Motion to Exclude (Kohli), #14 ECF 2543 Plaintiffs Reply to Motion to Exclude (Becker), #15 ECF 2544 Coloplasts Reply in Support of Motion to Exclude (Rosenzweig), #16 ECF 2546 Plaintiffs Reply in Support of Motion to Exclude (Molavi), #17 ECF 2548 Plaintiffs Reply in Support of Motion to Exclude (Patel), #18 ECF 2550 Coloplasts Reply in Support of Motion to Exclude (Mays), #19 ECF 2550-1 Exhibit 1, #20 ECF 2550-2 Exhibit 2, #21 ECF 2550-3 Exhibit 3, #22 ECF 2550-4 Exhibit 4, #23 ECF 2551 Plaintiffs Reply in Support of Motion to Exclude (Freeman), #24 ECF 2551-1 Exhibit A, #25 ECF 2551-2 Exhibit B, #26 ECF 2553 Telephonic Motion Hearing, #27 ECF 2554 Order re: Plaintiffs Motion to Compel, #28 ECF 2555 Transcript of Proceedings of Telephonic Conference held on 06/07/19, #29 ECF 2568 Order Denying Motion for Protective Order re Foreign Documents)(Varney, Lana) (Modified on 9/20/2019 to add party filers)(slr). [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 59 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp. (Attachments: #1 ECF 2529-2 Exhibit 2, #2 ECF 2529-3 Exhibit 3, #3 ECF 2529-4 Exhibit 4, #4 ECF 2529-5 Exhibit 5, #5 ECF 2529-6 Exhibit 6, #6 ECF 2529-7 Exhibit 7, #7 ECF 2529-8 Exhibit 8, #8 ECF 2533 Coloplasts Response to Motion in Opposition (Patel), #9 ECF 2533-1 Exhibit 1, #10 ECF 2533-2 Exhibit 2, #11 ECF 2533-3 Exhibit 3, #12 ECF 2533-4 Exhibit 4, #13 ECF 2533-5 Exhibit 5, #14 ECF 2533-6 Exhibit 6, #15 ECF 2533-7 Exhibit 7, #16 ECF 2533-8 Exhibit 8, #17 ECF 2533-9 Exhibit 9, #18 ECF 2533-10 Exhibit 10, #19 ECF 2533-11 Exhibit 11, #20 ECF 2533-12 Exhibit 12, #21 ECF 2533-13 Exhibit 13, #22 ECF 2533-14 Exhibit 14, #23 ECF 2533-15 Exhibit 15, #24 ECF 2533-16 Exhibit 16, #25 ECF 2533-17 Exhibit 17, #26 ECF 2533-18 Exhibit 18, #27 ECF 2535 PSC Opposition to Motion Exclude Mays, #28 ECF 2535-1 Exhibit 1, #29 ECF 2535-2 Exhibit 2)(Varney, Lana) (Modified on 9/20/2019 to add party filers) (slr). [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 58 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp. (Attachments: #1 ECF 2516-4 Exhibit D, #2 ECF 2516-5 Exhibit E, #3 ECF 2516-6 Exhibit F, #4 ECF 2516-7 Exhibit G, #5 ECF 2516-8 Exhibit H, #6 ECF 2516-9 Exhibit I, #7 ECF 2516-10 Exhibit J, #8 ECF 2516-11 Exhibit K, #9 ECF 2516-12 Exhibit L, #10 ECF 2516-13 Exhibit M, #11 ECF 2516-14 Exhibit N, #12 ECF 2516-15 Exhibit O, #13 ECF 2516-16 Exhibit P, #14 ECF 2516-17 Exhibit Q, #15 ECF 2516-18 Exhibit R, #16 ECF 2516-19 Exhibit S, #17 ECF 2517 Plaintiffs Memo in Support of Motion to Exclude Patel, #18 ECF 2520 Plaintiffs Memo to Exclude Freeman, #19 ECF 2522 Transcript of Proceedings of Telephonic Conference held on 04/12/19, #20 ECF 2527 Coloplasts Response to Motion in Opposition (Molavi), #21 ECF 2528 Coloplasts Memo to Motion in Opposition (Freeman), #22 ECF 2528-1 Exhibit 1, #23 ECF 2528-2 Exhibit 2, #24 ECF 2528-3 Exhibit 3, #25 ECF 2528-4 Exhibit 4, #26 ECF 2528-5 Exhibit 5, #27 ECF 2528-6 Exhibit 6, #28 ECF 2528-7 Exhibit 7, #29 ECF 2529 Coloplasts Opposition to Motion to Exclude (Becker))(Varney, Lana) (Modified on 9/20/2019 to add party filers)(slr). [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 57 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp. (Attachments: #1 ECF 2500-5 - Exhibit 5, #2 ECF 2501 Coloplasts Memo in Support of Motion Exclude Pence, #3 ECF 2502 Plaintiffs Motion to Exclude Becker, #4 ECF 2502-1 Exhibit 1, #5 ECF 2502-2 Exhibit 2, #6 ECF 2503 Plaintiffs Memo in Support of Motion to Exclude Becker, #7 ECF 2504 Coloplasts Motion Exclude Mays, #8 ECF 2504-1 Exhibit 1, #9 ECF 2504-2 Exhibit 2, #10 ECF 2504-3 Exhibit 3, #11 ECF 2504-4 Exhibit 4, #12 ECF 2504-5 Exhibit 5, #13 ECF 2504-6 Exhibit 6, #14 ECF 2504-7 Exhibit 7, #15 ECF 2504-8 Exhibit 8, #16 ECF 2504-9 Exhibit 9, #17 ECF 2504-10 Exhibit 9A, #18 ECF 2504-11 Exhibit 10, #19 ECF 2505 Coloplast's Memo ISO Motion to Exclude Mays, #20 ECF 2510 Plaintiffs Motion to Exclude Molavi, #21 ECF 2511 Plaintiffs Memo in Support of Motion to Exclude Molavi, #22 ECF 2512 Coloplast's Motion to Exclude Rosenzweig, #23 ECF 2513 Coloplast's Memo in Support of Motion to Exclude Rosenzweig, #24 ECF 2514 Plaintiffs Motion to Exclude Freeman, #25 ECF 2514-1 Exhibit 1, #26 ECF 2514-2 Exhibit 2, #27 ECF 2516 Plaintiffs Motion to Exclude Patel, #28 ECF 2516-1 Exhibit A, #29 ECF 2516-2 Exhibit B)(Varney, Lana) (Modified on 9/20/2019 to add party filers) (slr). [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 56 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp. (Attachments: #1 ECF 1583 Pretrial Order 136, #2 ECF 2142 Pretrial Order 138, #3 ECF 2240 Pretrial Order 139, #4 ECF 2241 Pretrial Order 140, #5 ECF 2257 Pretrial Order 142, #6 ECF 2260 Pretrial Order 143, #7 ECF 2299 Pretrial Order 145, #8 ECF 2310 Pretrial Order 146, #9 ECF 2317 Pretrial Order 147, #10 ECF 2338 Pretrial Order 149, #11 ECF 2339 Pretrial Order 150, #12 ECF 2381 Transcript of Hearing 03-01-19, #13 ECF 2393 Pretrial Order 154, #14 ECF 2418 Transcript of Hearing 04-03-19, #15 ECF 2450 Int'l Judicial Assistance, #16 ECF 2472 Int'l Judicial Assistance., #17 ECF 2484 Pretrial Order 158, #18 ECF 2496 Coloplasts Motion to Exclude Kohli, #19 ECF 2496-1 Exhibit A, #20 ECF 2496-2 Exhibit B, #21 ECF 2496-3 Exhibit C, #22 ECF 2496-4 Exhibit D, #23 ECF 2496-5 Exhibit E, #24 ECF 2496-6 Exhibit F, #25 ECF 2497 Coloplasts Memo in Support of Motion to Exclude Kohli, #26 ECF 2500 Coloplasts Motion to Exclude Pence, #27 ECF 2500-1 - Exhibit 1, #28 ECF 2500-2 - Exhibit 2, #29 ECF 2500-3 - Exhibit 3)(Varney, Lana) (Modified on 9/20/2019 to add party filers)(slr). [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 55 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp. (Attachments: #1 ECF 508 Pretrial Order 98, #2 ECF 527 Pretrial Order 100, #3 ECF 558 Pretrial Order 102, #4 ECF 561 Pretrial Order 103, #5 ECF 562 Pretrial Order 104, #6 ECF 572 Pretrial Order 105, #7 ECF 588 Pretrial Order 107, #8 ECF 621 Pretrial Order 109, #9 ECF 622 Pretrial Order 110, #10 ECF 634 Pretrial Order 112, #11 ECF 969 Pretrial Order 117, #12 ECF 1028 Pretrial Order 119, #13 ECF 1197 Pretrial Order 121, #14 ECF 1198 Plaintiffs Second Amended Master Long Form Complaint, #15 ECF 1258 Joint Master Long Form Answer, #16 ECF 1259 Pretrial Order 122, #17 ECF 1260 Pretrial Order 123, #18 ECF 1261 Pretrial Order 124, #19 ECF 1262 Mentors Answer to Second Amended Master Long Form Complaint, #20 ECF 1275 Pretrial Order 125, #21 ECF 1276 Pretrial Order 126, #22 ECF 1277 Pretrial Order 127, #23 ECF 1289 Pretrial Order 128, #24 ECF 1351 Pretrial Order 129, #25 ECF 1361 Pretrial Order 130, #26 ECF 1382 Pretrial Order 131, #27 ECF 1430 Pretrial Order 132, #28 ECF 1448 Pretrial Order 134, #29 ECF 1491 Pretrial Order 135)(Varney, Lana) (Modified on 9/20/2019 to add party filers)(slr). [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 54 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp. (Attachments: #1 ECF 13 Pretrial Order 5, #2 ECF 33 Pretrial Order 10, #3 ECF 40 Pretrial Order 12, #4 ECF 41 Pretrial Order 13, #5 ECF 48 Pretrial Order 15, #6 ECF 59 Pretrial Order 20, #7 ECF 86 Joint Motion to Show Cause, #8 ECF 87 Pretrial Order 26, #9 ECF 89 Pretrial Order 27, #10 ECF 92 Pretrial Order 28, #11 ECF 93 Pretrial Order 29, #12 ECF 96 Pretrial Order 30, #13 ECF 124 Pretrial Order 32, #14 ECF 152 Pretrial Order 37, #15 ECF 163 Pretrial Order 40, #16 ECF 166 Pretrial Order 41, #17 ECF 171 Pretrial Order 43, #18 ECF 178 Pretrial Order 44, #19 ECF 188 Pretrial Order 47, #20 ECF 193 Pretrial Order 49, #21 ECF 234 Pretrial Order 55, #22 ECF 256 Pretrial Order 59, #23 ECF 374 Pretrial Order 74, #24 ECF 381 Pretrial Order 76, #25 ECF 389 Pretrial Order 77, #26 ECF 395 Pretrial Order 79, #27 ECF 420 Pretrial Order 80, #28 ECF 442 Pretrial Order 86, #29 ECF 474 Pretrial Order 90)(Varney, Lana) (Modified on 9/20/2019 to add party filers)(slr). [Transferred from West Virginia Southern on 9/25/2019.] |
|
Filing 53
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 9/24/2019 the cases identified on Exhibit A that are still pending shall be transferred to the United States District Courts identified on Exhibit A pursuant to 28 U.S.C. 1404(a); on or before 9/23/2019 the parties are DIRECTED to confer and to file in each pending individual member case identified in Exhibit A, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the Clerk is DIRECTED to use the appropriate function in CM/ECF to extract each member case listed on Exhibit A that remains pending and transfer it to the corresponding United States District Court listed on Exhibit A; after transfer of each member case listed in Exhibit A that is not dismissed prior to the Transfer Date, the Clerk is DIRECTED to formally close the case and strike it from the docket of this court. Signed by Judge Joseph R. Goodwin on 9/10/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2387; Cases Listed on Exhibit A) (mms) [Transferred from West Virginia Southern on 9/25/2019.]
|
|
Filing 52
ORDER denying #50 MOTION by Coloplast Corp. to Strike Plaintiff's #47 Amended Memorandum In Opposition and 48 Amended Response to Defendant's Motion for Partial Summary Judgment. Signed by Judge Joseph R. Goodwin on 9/5/2019. (cc: attys; any unrepresented party) (st) [Transferred from West Virginia Southern on 9/25/2019.]
|
|
Filing 51
ORDER granting #41 MOTION by Ada Evans, Harold Evans, Sr. for Continuance to Extend Discovery Schedule and Time for Response to Defendant's Motion for Partial Summary Judgment. Signed by Judge Joseph R. Goodwin on 9/5/2019. (cc: attys; any unrepresented party) (st) [Transferred from West Virginia Southern on 9/25/2019.]
|
| Filing 50 MOTION by Coloplast Corp. to Strike Plaintiff's #47 Amended Memorandum In Opposition and #48 Amended Response to Defendant's Motion for Partial Summary Judgment (Attachments: #1 Proposed Order)(Varney, Lana) [Transferred from West Virginia Southern on 9/25/2019.] |
| NOTICE OF DOCKET CORRECTION re: #48 AMENDED RESPONSE by Ada Evans, Harold Evans, Sr. re: #36 Memorandum in Opposition to #27 MOTION by Coloplast Corp. for Partial Summary Judgment ERROR: Unredacted images attached. CORRECTION: Removed image and replaced with redacted image.(slr) (slr) [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 49 REPLY by Coloplast Corp. to #39 Memorandum In Opposition. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Varney, Lana) [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 48 AMENDED RESPONSE by Ada Evans, Harold Evans, Sr. re: #36 Memorandum in Opposition to #27 MOTION by Coloplast Corp. for Partial Summary Judgment (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Malik, Shezad) (Modified on 6/5/2019 to add link to #36 memorandum in opposition) (ts). (Modified on 6/5/2019 to remove and replace incorrect images of Attachment #5 and Attachment #8)(slr). [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 47 AMENDED MEMORANDUM by Ada Evans, Harold Evans, Sr. re: #36 Memorandum in Opposition to #27 MOTION by Coloplast Corp. for Partial Summary Judgment (Malik, Shezad) (Modified on 6/5/2019 to add link to #36 memorandum in opposition) (ts). [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 46 REPLY by Coloplast Corp. to Plaintiff's #36 Response to its Motion for Partial Summary Judgment (Varney, Lana) (Modified on 6/4/2019 to correct event)(slr). [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 45 RESPONSE by Coloplast Corp. in opposition to #41 MOTION by Ada Evans, Harold Evans, Sr. for Continuance to Extend Discovery Schedule and Time for Response to Defendant's Motion for Partial Summary Judgment (Varney, Lana) [Transferred from West Virginia Southern on 9/25/2019.] |
| NOTICE OF DOCKET CORRECTION re: #41 MOTION by Ada Evans, Harold Evans, Sr. for Continuance to Extend Discovery Schedule and Time for Response to Defendant's Motion for Partial Summary Judgment and #42 MEMORANDUM by Ada Evans, Harold Evans, Sr in support of #41 MOTION. ERRORS: Documents were filed in reverse order, using the incorrect events. CORRECTIONS: Reversed filing order of documents, by attaching correct documents; corrected events used; corrected links to appropriate documents. (slr). [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 44 RESPONSE by Coloplast Corp. in opposition to #31 MOTION by Ada Evans and Harold Evans, Sr. to Exclude or Limit the Opinions of Defendant Expert Manish Patel, M.D. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Varney, Lana) (Modified on 5/29/2019 to remove link to #32 Memorandum in Support)(slr). [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 43 AMENDED NOTICE OF DEPOSITION by Ada Evans, Harold Evans, Sr of SCOTT WEBSTER M.D. on 06/03/2019 at 5PM (Attachments: #1 Exhibit)(Malik, Shezad) [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 42 MEMORANDUM by Ada Evans, Harold Evans, Sr in support of #41 MOTION by Ada Evans, Harold Evans, Sr. for Continuance to Extend Discovery Schedule and Time for Response to Defendant's Motion for Partial Summary Judgment. (Modified on 5/29/2019 to correct event; to remove link to #27 Motion; to add link to #41 motion)(slr). [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 41 MOTION by Ada Evans, Harold Evans, Sr. for Continuance to Extend Discovery Schedule and Time for Response to Defendant's Motion for Partial Summary Judgment (Malik, Shezad) (Modified on 5/29/2019 to correct event; to remove link to #36 Memorandum in Opposition; to remove and replace incorrect image). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (slr). [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 40 NOTICE TO TAKE DEPOSITION by Ada Evans, Harold Evans, Sr of SCOTT WEBSTER on 06/05/2019 at 12PM (Attachments: #1 Exhibit)(Malik, Shezad) [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 39 MEMORANDUM by Ada Evans, Harold Evans, Sr. in opposition to #29 MOTION by Coloplast Corp. to Exclude or Limit the Opinion Testimony of Bruce Rosenzweig, M.D. (Malik, Shezad) [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 38 MOTION by Ada Evans, Harold Evans to Include Opinions of Expert Bruce Rosenzweig, M.D. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Malik, Shezad) (Modified on 5/28/2019 to convert to Motion)(slr). [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 37 INCORRECT ENTRY; SEE ENTRY #36. (Modified on 5/24/2019 to remove duplicate document filed; see entry #37)(slr). [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 36 MEMORANDUM by Ada Evans, Harold Evans, Sr in opposition to #27 MOTION by Coloplast Corp. for Partial Summary Judgment (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Malik, Shezad) [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 35 RESPONSE TO ORDER TO SHOW CAUSE by Coloplast Corp. (Varney, Lana) [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 34 RESPONSE by Ada Evans, Harold Evans, Sr. to #26 Show Cause Order. (Malik, Shezad) [Transferred from West Virginia Southern on 9/25/2019.] |
|
Filing 33
PRETRIAL ORDER # 160 (ORDER AND SHOW CAUSE ORDER) Exhibit A Directing that the parties must identify each case as a Remand or Transfer Case and for the Transfer Cases on Exhibit A, the parties must identify venue information as follows: (1) the agreed venue or disputed venue; (2) plaintiff's counsel of record; (3) plaintiff's city and state of residence; and (4) state of plaintiff's implant and any removal(s). For the Remand Cases on Exhibit A, the parties must identify (1) the jurisdiction to which the case must be returned as indicated on the court's docket sheet; and (2) plaintiff's counsel. The parties shall meet and confer concerning the appropriate venue for each of the Transfer Cases and work to identify the remand jurisdiction for the Remand Cases as indicated on the court's docket sheet by 6/1/2019; directing that parties to file the above information by 6/13/2019. The submission of the information as directed by the court is essential to the planned remand or transfer of the remaining cases in this MDL. Exhibit B - Show Cause Directing that in each individual case on Exhibit B, plaintiffs and Coloplast, Inc. or Mentor Worldwide (where named) show cause on or before 6/17/2019, why they should not be sanctioned for failing to comply with the court's scheduling orders pursuant to Rule 16(f) of the Federal Rules of Civil Procedure. Exhibit C - Show Cause Directing that before 6/17/2019, the plaintiff in each individual case must show cause why the case should not be dismissed without prejudice pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Signed by Judge Joseph R. Goodwin on 5/20/2019. (cc: attys; any unrepresented party) (REF: MDL 2387; Cases Listed on Exhibits A, B and C) (hkl) [Transferred from West Virginia Southern on 9/25/2019.]
|
| NOTICE OF DOCKET CORRECTION re: #31 MOTION by Ada Evans and Harold Evans, Sr. to Exclude or Limit the Opinions of Defendant Expert Manish Patel, M.D. and #32 MEMORANDUM in Support. ERRORS: Documents filed using incorrect events and in the wrong order. CORRECTION: Motion filed first, with exhibit attached; Memorandum in Support filed next, and linked to motion. (slr). [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 32 MEMORANDUM in Support of #31 Motion by Ada Avans, Harold Evans, Sr. to Limit or Exclude Opinions of Defense Expert Manish Patel, MD, filed by Ada Evans, Harold Evans, Sr. (Malik, Shezad) (Modified on 5/14/2019 to correct event type and to remove and replace incorrect image) (slr). [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 31 MOTION by Ada Evans and Harold Evans, Sr. to Exclude or Limit the Opinions of Defendant Expert Manish Patel, M.D. (Attachment: #1 Exhibit A)(Malik, Shezad) (Modified on 5/14/2019 to change event and to remove and replace incorrect attachment; filed Memorandum in Support as a separate document)(slr). [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 30 MEMORANDUM OF LAW by Coloplast Corp. in support of #29 MOTION by Coloplast Corp. to Exclude or Limit the Opinion Testimony of Bruce Rosenzweig, M.D. (Varney, Lana) [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 29 MOTION by Coloplast Corp. to Exclude or Limit the Opinion Testimony of Bruce Rosenzweig, M.D. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Varney, Lana) [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 28 MEMORANDUM OF LAW by Coloplast Corp. in support of #27 MOTION by Coloplast Corp. for Partial Summary Judgment (Varney, Lana) [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 27 MOTION by Coloplast Corp. for Partial Summary Judgment (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Varney, Lana) [Transferred from West Virginia Southern on 9/25/2019.] |
|
Filing 26
PRETRIAL ORDER # 159 SHOW CAUSE ORDER directing that plaintiffs' leadership and counsel for ALL defendants named in cases in Wave 5, 6, 7 and 8 are directed to show cause in writing in each individual case, why they should not be sanctioned pursuant to Rule 16(f) of the Federal Rules of Civil Procedure for failing to comply with my Order by Wednesday, 5/22/2019; the court has attached Exhibit A, which contains the remaining cases in Coloplast Waves 5, 6, 7 and 8; as a courtesy, the court has attached Exhibit B, containing the cases (1) in Coloplast Wave 9 and (2) other MDL waves now in the Coloplast MDL. The court will schedule a hearing at a later date. Signed by Judge Joseph R. Goodwin on 5/7/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2387; Each case in Coloplast Waves 5, 6, 7 and 8) (mms) [Transferred from West Virginia Southern on 9/25/2019.]
|
| Filing 25 AMENDED NOTICE OF DEPOSITION by Coloplast Corp. of Bruce Rosenzweig, M.D. on May 3, 2019 at 2:30 p.m. (Varney, Lana) [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 24 NOTICE OF VIDEOTAPED DEPOSITION by Coloplast Corp. of Michael Carley, M.D. on April 23, 2019 at 5:30 p.m. (Varney, Lana) [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 23 AMENDED NOTICE OF DEPOSITION by Coloplast Corp. of Bruce Rosenzweig, M.D. on April 29, 2019 at 1:00 p.m. (Varney, Lana) [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 22 CERTIFICATE OF SERVICE by Coloplast Corp. for Designation and Disclosure of Expert Witnesses. (Varney, Lana) [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 21 NOTICE OF VIDEOTAPED DEPOSITION by Coloplast Corp. of Bruce Rosenzweig, M.D. on April 29, 2019 at 1:00 p.m. (Varney, Lana) [Transferred from West Virginia Southern on 9/25/2019.] |
|
Filing 20
PRETRIAL ORDER # 154 (Order re: Supplement to Coloplast Wave 5, 6, 7 and 8 Transfer and Remand Information) The court ORDERS that Pretrial Order #s 142 (Wave 5), 146 (Wave 6), 147 (Wave 7), and 150 (Wave 8) are AMENDED, but only as to paragraph C.1 and 2; all other provisions of each PTO listed above (including C.3) remain in place, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 3/13/2019. (cc: any unrepresented party) (REF: MDL 2387; Coloplast Wave 5-8 cases that remain open) (kab) [Transferred from West Virginia Southern on 9/25/2019.]
|
| Filing 19 NOTICE OF VIDEOTAPED DEPOSITION by Coloplast Corp. of Harold Evans Sr. on March 15, 2019 at 1:00 pm (Varney, Lana) [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 18 NOTICE OF VIDEOTAPED DEPOSITION by Coloplast Corp. of Ada Evans on March 15, 2019 at 10:00 am (Varney, Lana) [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 17 CERTIFICATE OF SERVICE by Ada Evans, Harold Evans, Sr for Rule 26 Expert Witness Disclosures. (Malik, Shezad) [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 16 CERTIFICATE OF SERVICE by Coloplast Corp. for First Set of Requests for Admission, Interrogatories, and Requests for Production. (Varney, Lana) [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 15 PLAINTIFF FACT SHEET filed by Ada Evans, Harold Evans, Sr. (Malik, Shezad) [Transferred from West Virginia Southern on 9/25/2019.] |
|
Filing 14
PRETRIAL ORDER # 143 (Order Re: Mandatory Settlement Conference for Certain Unresolved Cases December 4 and 5, 2018) Directing that 1.) For the cases identified on Exhibit A, attached hereto, the court will conduct a mandatory settlement conference in those cases beginning on 12/4/2018 at 9:00 a.m. 2.) For the cases identified on Exhibit B, attached hereto, the court will conduct a mandatory settlement conference in those cases beginning on 12/5/2018 at 9:00 a.m. 3.) For the cases identified on Exhibit C, attached hereto, these cases have been identified as resolved and pending dismissal by the parties; the parties in these cases need not attend this mandatory settlement conference, but must dismiss and close their cases by 1/11/2019, or an in person show cause hearing will be set. Further directing that (1) individual plaintiffs whose cases are scheduled for a settlement conference shall appear in person for the settlement conference with counsel of record as reflected on the docket sheet for that plaintiff's case; and (2) any plaintiff who fails to comply with this PTO may be subject to a substantial sanction, including dismissal with prejudice. Should any cases on the attached exhibit be closed before the settlement conference, attendance is not required in such case. Signed by Judge Joseph R. Goodwin on 11/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2387; Cases Listed on Exhibits A-C) (st) [Transferred from West Virginia Southern on 9/25/2019.]
|
|
Filing 13
PRETRIAL ORDER # 142 (Docket Control Order - Coloplast Wave 5 Cases) The cases on Exhibits A are: 1.) removed from the pending inactive docket; and 2.) placed on the active docket. As to the cases on Exhibits A and B: 1.) The cases are no longer eligible for return to the inactive docket nor may notices of settlement be filed to relieve the parties from scheduling deadlines; 2.) To the extent other defendants, in addition to Coloplast, are named in the cases on Exhibits A and B, the deadlines below also apply to them; 3.) The Clerk will file this Docket Control Order in the main MDL and, as of the time of that filing in the main MDL, every case listed on Exhibits A and B becomes subject to the deadlines in this Docket Control Order; and 4.) The following deadlines immediately apply in all Wave 5 cases with one important exception. If any of the cases on any exhibit were previously on a docket control order and dispositive and Daubert deadlines had passed before such cases became inactive, the parties may not file or refile dispositive or Daubert motions without first seeking leave of court for good cause shown. A. SCHEDULING DEADLINES. The following deadlines shall apply in all Coloplast Wave 5 cases: Plaintiff Fact Sheets due 11/15/2018; Defendant Fact Sheets due 11/22/2018; Deadline for written discovery requests due 12/21/2018; Expert disclosures served by plaintiffs due 02/22/2019; Expert disclosure served by defendants due 03/22/2019; Expert disclosure served for rebuttal due 03/29/2019; Deposition deadline and close of discovery due 04/29/2019; Filing of dispositive motions due 05/13/2019; Response to dispositive motions due 05/27/2019; Reply to response to dispositive motions due 06/03/2019; Filing of Daubert motions due 05/13/2019; Responses to Daubert motions due 05/27/2019; Reply to response to Daubert motions due 06/03/2019. B. MOTION PRACTICE. 3.) Confidential Documents. Any consolidated motion to seal is due on or before 03/25/2019, and any response is due by 04/09/2019. Any reply is due by 04/15/2019. The court expects full compliance with Local Civil Rule 26.4(c). C. CASES READY FOR TRANSFER, REMAND OR TRIAL 1.) Venue Recommendations. By no later than 04/06/2019, 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 04/13/2019. Signed by Judge Joseph R. Goodwin on 10/31/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2387; Coloplast Wave 5 cases identified on Exhibits A and B) (ts) (ADI) [Transferred from West Virginia Southern on 9/25/2019.]
|
|
Filing 12
PRETRIAL ORDER # 140 (First Amended Order re: Scheduling Mandatory Settlement Conference for Certain Remaining Plaintiffs in Coloplast MDL) Directing that PTO # 139 is amended to change the contact information for Mr. Skeeter Salim contained in footnote 2; the remainder of PTO # 139 remains unchanged. Signed by Judge Joseph R. Goodwin on 9/21/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2387; Cases Listed on Exhibit A) (mms) [Transferred from West Virginia Southern on 9/25/2019.]
|
|
Filing 11
PRETRIAL ORDER # 139 (Order re: Scheduling Mandatory Settlement Conference for Certain Remaining Plaintiffs in Coloplast MDL) Directing that (1) counsel for all plaintiffs identified in the attached Exhibit A, who have claims against Coloplast meet and confer with King & Spalding, Tucker Ellis and/or Ledy Gurren Bass DAvanzo & Siff, LLP, settlement counsel for Coloplast, on or before 11/2/2018, as more fully set forth herein; (2) Ms. Beyea-Schroeder and King & Spalding are directed to provide a joint written report to the court via email on 11/7 2018, identifying which cases remaining on Exhibit A, if any, have not been resolved or dismissed; (3) on or shortly after 11/12/2018, the court will enter an order identifying the cases where a settlement conference will be conducted because the case was not resolved or dismissed; that order will identify on which of the following dates the parties in each case must appear for the settlement conference: 12/4/2018 and 12/5/2018 or such other date as set by the court; (4) individual plaintiffs whose cases are scheduled for a settlement conference shall appear in person for the settlement conference along with counsel of record; (5) any plaintiff who fails to comply with this PTO may be subject to a substantial sanction, including dismissal with prejudice; (6) cases not settled during the settlement conference will be dealt with by further order. Signed by Judge Joseph R. Goodwin on 9/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2387; Cases Listed on Exhibit A) (mek) [Transferred from West Virginia Southern on 9/25/2019.]
|
|
Filing 10
ORDER The deadline to submit joint motions of dismissal is extended to 10/31/2018 for all cases in MDL 2387 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2387 and individual cases remain in effect. (cc: counsel of record; any unrepresented party) (REF: MDL 2387; Cases on inactive docket) Signed by Judge Joseph R. Goodwin on 8/16/2018. (mek) (ADI) [Transferred from West Virginia Southern on 9/25/2019.]
|
|
Filing 9
ORDER (CHANGE TO CHARACTERIZATION BY CLERK'S OFFICE OF CASES ON INACTIVE DOCKET) It is directed that in all cases with an inactive docket order which resulted in "Closed" and "MDL Coloplast Inactive" flags on the docket sheet, the Clerk is directed to update the docket by removing the "Closed" flag from the docket sheet and leaving the "MDL Coloplast Inactive" flag, for reasons set forth herein. Signed by Judge Joseph R. Goodwin on 4/26/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2387; Member Cases Flagged "Closed" and "MDL Coloplast Inactive") (mek) (ADI) [Transferred from West Virginia Southern on 9/25/2019.]
|
|
Filing 8
ORDER The deadline to submit joint motions of dismissal is extended to 8/31/2018 for all cases in MDL 2387 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2387 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 3/16/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2387; Cases on inactive docket) (rec) [Transferred from West Virginia Southern on 9/25/2019.]
|
|
Filing 7
ORDER The deadline to submit joint motions of dismissal is extended to 3/31/2018 for all cases in MDL 2387 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2387 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 10/19/2017. (cc: counsel of record; any unrepresented party) (REF: MDL 2387; Cases on inactive docket). (klc) (ADI) [Transferred from West Virginia Southern on 9/25/2019.]
|
|
Filing 6
ORDER on Motion filed in MDL 2387: granting MOTION by Lana K. Varney for Change of Address in MDL 2387 and in each individual member case in which she is associated. The court DIRECTS the Clerk to update the information, as set forth in the Motion, both on the main master docket, and for each individual member case in MDL 2387 with which Lana K. Varney is associated. Signed by Judge Joseph R. Goodwin on 08/29/2017. (cc: attys; any unrepresented party) (brn) [Transferred from West Virginia Southern on 9/25/2019.]
|
|
Filing 5
INACTIVE DOCKET ORDER: The court has been advised that the plaintiff(s) and Coloplast Corp. have reached a settlement with regard to Coloplast. All discovery deadlines are continued until further order of the Court. The Clerk is directed to retire this case from the active docket. Plaintiffs and Coloplast may submit an agreed order of dismissal with prejudice on or before 8/31/2016; otherwise the case will be dismissed without prejudice. The Court will reinstate the case to the active docket if one of the parties shows good cause for such reinstatement. Signed by Judge Joseph R. Goodwin on 5/23/2016. (cc: Clerk of the JPMDL; attys; any unrepresented parties) (REF: MDL 2387; Cases Listed on Exhibits A-U) (kp) [Transferred from West Virginia Southern on 9/25/2019.]
|
| Filing 4 WAIVER OF SERVICE EXECUTED. Waiver signed by Anne Grigg / Holly Kipp on 04/25/2014. Coloplast Corp. waiver mailed on 4/15/2014, answer due 6/14/2014. (Malik, Shezad) [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Lana K. Varney on behalf of Coloplast Corp.. (Varney, Lana) [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 53 (Order Rescheduling Status Conference Coloplast ONLY) entered on 04/08/2014 in MDL 2387 to attorneys in member case. (cbo) [Transferred from West Virginia Southern on 9/25/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-3132031. (Attachment: #1 Civil Cover Sheet) (kw) [Transferred from West Virginia Southern on 9/25/2019.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
