Dalton v. C R Bard Inc
| Cindy Dalton |
| C R Bard Inc |
| 3:2019cv02484 |
| October 21, 2019 |
| US District Court for the Northern District of Texas |
| Sidney A Fitzwater |
| Torts/Pers Inj: Product Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 27, 2020. A more recent docket listing may be available from PACER.
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| Filing 60 NOTICE of Citizenship and Jurisdiction filed by Cindy Dalton (Boldt, Paige) |
| Filing 59 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Cindy Dalton. (Boldt, Paige) (Main Document 59 replaced to flatten image on 12/5/2019) (dsr). |
Filing 58
ORDER: In its #45 order, the court ordered plaintiff to file, within 21 days of the date of the order, a document that properly pleads the citizenship of plaintiff and each defendant. Plaintiff has not complied with this order. Accordingly, within 14 calendar days of the date today's order is filed, plaintiff must comply with the court's prior order. Failure to do so may result in dismissal of this case for lack of jurisdiction and/or for failure to comply with a court order. (Ordered by Senior Judge Sidney A Fitzwater on 11/25/2019) (twd)
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| Filing 57 Joint STATUS REPORT filed by C R Bard Inc. (Griffith, Joseph) |
| Filing 56 ADDITIONAL ATTACHMENTS to #51 Notice by Cindy Dalton. (Attachments: #1 Notice, #2 Notice of exhibit 1, #3 Notice of exhibit 2, #4 Notice of exhibit 3, #5 Notice, #6 Notice of exhibit 1, #7 Notice of exhibit 2, #8 Notice of exhibit 3, #9 Notice of exhibit 4, #10 Notice, #11 Notice of exhibit 1, #12 Notice of exhibit 2, #13 Notice of exhibit 3, #14 Notice of exhibit 4, #15 Notice of exhibit 5, #16 Notice of exhibit 6, #17 Notice of exhibit 7, #18 Notice of exhibit 8, #19 Notice of exhibit 9, #20 Notice of exhibit 10, #21 Notice, #22 Notice of exhibit 1, #23 Notice of exhibit 2, #24 Notice of exhibit 3, #25 Notice of exhibit 4, #26 Notice of exhibit 5, #27 Notice of exhibit 6, #28 Notice, #29 Notice of exhibit 1, #30 Notice of exhibit 2, #31 Motion, #32 Motion Exhibit 1, #33 Motion Exhibit 2, #34 Motion Exhibit 3, #35 Motion Exhibit 4, #36 Motion Exhibit 5, #37 Notice, #38 Notice of exhibit 1, #39 Notice of exhibit 2, #40 Notice of exhibit 3, #41 Notice of exhibit 4, #42 Notice of exhibit 5, #43 Notice of exhibit 6, #44 Notice of exhibit 7, #45 Notice of exhibit 8, #46 Notice of exhibit 9, #47 Notice of exhibit 10, #48 Notice of exhibit 11, #49 Notice of exhibit 12, #50 Notice, #51 Notice of exhibit 1, #52 Notice of exhibit 2, #53 Notice of exhibit 3, #54 Notice of exhibit 4, #55 Notice of exhibit 5, #56 Notice of exhibit 6, #57 Notice of exhibit 7, #58 Notice of exhibit 8, #59 Notice of exhibit 9, #60 Notice of exhibit 10, #61 Notice of exhibit 11, #62 Notice of exhibit 12, #63 Notice of exhibit 13, #64 Notice of exhibit 14) (Boldt, Paige) |
| Filing 55 ADDITIONAL ATTACHMENTS to #54 Additional Attachments by Cindy Dalton. (Attachments: #1 Notice, #2 Notice, #3 Notice, #4 Notice, #5 Notice, #6 Notice, #7 Notice, #8 Notice, #9 Corrected Notice, #10 Notice, #11 Notice, #12 Notice, #13 Notice, #14 Notice, #15 Notice, #16 Notice, #17 Notice, #18 Notice, #19 Notice, #20 Memorandum, #21 Amended Notice, #22 Reply, #23 Reply, #24 Reply, #25 Reply, #26 Reply, #27 Reply, #28 Reply, #29 Reply, #30 Reply, #31 Reply, #32 Reply, #33 Transfer Order) (Boldt, Paige) |
| Filing 54 ADDITIONAL ATTACHMENTS to #53 Additional Attachments by Cindy Dalton. (Attachments: #1 Notice, #2 Notice, #3 Notice, #4 Notice, #5 Notice, #6 Notice, #7 Notice, #8 Motion, #9 Reply, #10 Reply, #11 Reply, #12 Reply, #13 Reply, #14 Reply, #15 Memorandum, #16 Reply, #17 Notice, #18 Motion, #19 Memorandum, #20 Motion, #21 Memorandum, #22 Motion, #23 Memorandum, #24 Motion, #25 Memorandum, #26 Motion, #27 Memorandum, #28 Motion, #29 Memorandum, #30 Motion, #31 Memorandum, #32 Motion, #33 Memorandum, #34 Motion, #35 Memorandum, #36 Motion, #37 Memorandum, #38 Motion, #39 Memorandum, #40 Motion, #41 Memorandum, #42 Motion, #43 Memorandum, #44 Motion, #45 Memorandum, #46 Notice, #47 Notice, #48 Notice, #49 Notice, #50 Notice, #51 Notice, #52 Notice, #53 Notice, #54 Notice, #55 Notice, #56 Notice, #57 Notice, #58 Notice, #59 Notice, #60 Notice) (Boldt, Paige) |
| Filing 53 ADDITIONAL ATTACHMENTS to #52 Additional Attachments by Cindy Dalton. (Attachments: #1 Pretrial Order, #2 Notice, #3 Notice, #4 Notice, #5 Notice, #6 Notice, #7 Notice, #8 Notice, #9 Notice, #10 Reply, #11 Reply, #12 Reply, #13 Reply, #14 Reply, #15 Notice, #16 Pretrial Order, #17 Pretrial Order, #18 Notice, #19 Notice, #20 Notice, #21 Notice, #22 Notice, #23 Notice, #24 Notice, #25 Notice, #26 Notice, #27 Notice, #28 Notice, #29 Notice, #30 Notice, #31 Notice, #32 Notice, #33 Notice, #34 Notice, #35 Notice, #36 Notice, #37 Notice, #38 Notice, #39 Notice, #40 Memorandum, #41 Motion to Exclude, #42 Motion to Exclude, #43 Motion to Exclude, #44 Motion to Exclude, #45 Memorandum of Law, #46 Memorandum of Law, #47 Motion, #48 Memorandum of Law, #49 Memorandum of Law, #50 Motion, #51 Memorandum of Law, #52 Transcript, #53 Notice, #54 Notice, #55 Notice, #56 Notice, #57 Notice, #58 Notice, #59 Notice, #60 Memorandum) (Boldt, Paige) |
| Filing 52 ADDITIONAL ATTACHMENTS to #51 Notice by Cindy Dalton. (Attachments: #1 Notice, #2 Notice, #3 Notice, #4 Motion, #5 Memorandum, #6 Motion, #7 Memorandum, #8 Motion, #9 Memorandum, #10 Motion, #11 Memorandum, #12 Notice, #13 Motion, #14 Notice, #15 Memorandum, #16 Notice, #17 Notice, #18 Notice, #19 Notice, #20 Notice, #21 Notice, #22 Notice, #23 Notice, #24 Notice, #25 Notice, #26 Notice, #27 Notice, #28 Response, #29 Notice, #30 Notice, #31 Notice, #32 Response, #33 Notice, #34 Response, #35 Response, #36 Notice, #37 Notice, #38 Response, #39 Notice, #40 Notice, #41 Notice, #42 Notice, #43 Notice, #44 Notice, #45 Notice, #46 Notice, #47 Notice, #48 Notice, #49 Notice, #50 Notice, #51 Response, #52 Notice, #53 Notice, #54 Notice, #55 Notice, #56 Notice, #57 Notice, #58 Notice, #59 Notice, #60 Notice) (Boldt, Paige) |
| Filing 51 NOTICE of Joint Submission of Contents of the Record from MDL No. 2187 (PART ONE) re: 42 Remark filed by Cindy Dalton (Attachments: #1 Memorandum, #2 Order, #3 Memorandum, #4 Memorandum, #5 Memorandum, #6 Pretrail Order, #7 Memorandum, #8 Memorandum, #9 Pretrail Order, #10 Memorandum, #11 Memorandum, #12 Memorandum, #13 Memorandum, #14 Memorandum, #15 Memorandum, #16 Memorandum, #17 Memorandum, #18 Memorandum, #19 Memorandum, #20 Memorandum, #21 Memorandum, #22 Memorandum, #23 Memorandum, #24 Memorandum, #25 Memorandum, #26 Memorandum, #27 Notice, #28 Notice, #29 Notice, #30 Notice, #31 Notice, #32 Notice, #33 Notice, #34 Notice, #35 Notice, #36 Notice, #37 Notice, #38 Notice, #39 Notice, #40 Notice, #41 Notice, #42 Notice, #43 Notice, #44 Notice, #45 Notice, #46 Notice, #47 Notice) (Boldt, Paige) |
| Filing 50 NOTICE of Joint Submission of Contents of the Record from MDL No. 2187 (PART FOUR) re: #42 Remark filed by C R Bard Inc (Attachments: #1 Designation - Part 151, #2 Designation - Part 152, #3 Designation - Part 153, #4 Designation - Part 154, #5 Designation - Part 155, #6 Designation - Part 156, #7 Designation - Part 157, #8 Designation - Part 158, #9 Designation - Part 159, #10 Designation - Part 160, #11 Designation - Part 161, #12 Designation - Part 162, #13 Designation - Part 163, #14 Designation - Part 164, #15 Designation - Part 165, #16 Designation - Part 166, #17 Designation - Part 167, #18 Designation - Part 168, #19 Designation - Part 169, #20 Designation - Part 170, #21 Designation - Part 171, #22 Designation - Part 172, #23 Designation - Part 173, #24 Designation - Part 174, #25 Designation - Part 175, #26 Designation - Part 176, #27 Designation - Part 177, #28 Designation - Part 178, #29 Designation - Part 179, #30 Designation - Part 180, #31 Designation - Part 181, #32 Designation - Part 182, #33 Designation - Part 183, #34 Designation - Part 184, #35 Designation - Part 185, #36 Designation - Part 186, #37 Designation - Part 187, #38 Designation - Part 188, #39 Designation - Part 189, #40 Designation - Part 190, #41 Designation - Part 191, #42 Designation - Part 192, #43 Designation - Part 193, #44 Designation - Part 194, #45 Designation - Part 195, #46 Designation - Part 196, #47 Designation - Part 197, #48 Designation - Part 198, #49 Designation - Part 199, #50 Designation - Part 200, #51 Designation - Part 201, #52 Designation - Part 202, #53 Designation - Part 203, #54 Designation - Part 204, #55 Designation - Part 205, #56 Designation - Part 206, #57 Designation - Part 207, #58 Designation - Part 208, #59 Designation - Part 209, #60 Designation - Part 210, #61 Designation - Part 211) (Griffith, Joseph) |
| Filing 49 NOTICE of Joint Submission of Contents of the Record from MDL No. 2187 (PART THREE) re: #42 Remark filed by C R Bard Inc (Attachments: #1 Designation - Part 101, #2 Designation - Part 102, #3 Designation - Part 103, #4 Designation - Part 104, #5 Designation - Part 105, #6 Designation - Part 106, #7 Designation - Part 107, #8 Designation - Part 108, #9 Designation - Part 109, #10 Designation - Part 110, #11 Designation - Part 111, #12 Designation - Part 112, #13 Designation - Part 113, #14 Designation - Part 114, #15 Designation - Part 115, #16 Designation - Part 116, #17 Designation - Part 117, #18 Designation - Part 118, #19 Designation - Part 119, #20 Designation - Part 120, #21 Designation - Part 121, #22 Designation - Part 122, #23 Designation - Part 123, #24 Designation - Part 124, #25 Designation - Part 125, #26 Designation - Part 126, #27 Designation - Part 127, #28 Designation - Part 128, #29 Designation - Part 129, #30 Designation - Part 130, #31 Designation - Part 131, #32 Designation - Part 132, #33 Designation - Part 133, #34 Designation - Part 134, #35 Designation - Part 135, #36 Designation - Part 136, #37 Designation - Part 137, #38 Designation - Part 138, #39 Designation - Part 139, #40 Designation - Part 140, #41 Designation - Part 141, #42 Designation - Part 142, #43 Designation - Part 143, #44 Designation - Part 144, #45 Designation - Part 145, #46 Designation - Part 146, #47 Designation - Part 147, #48 Designation - Part 148, #49 Designation - Part 149, #50 Designation - Part 150) (Griffith, Joseph) |
| Filing 48 NOTICE of Joint Submission of Contents of the Record from MDL No. 2187 (PART TWO) re: #42 Remark filed by C R Bard Inc (Attachments: #1 Designation - Part 51, #2 Designation - Part 52, #3 Designation - Part 53, #4 Designation - Part 54, #5 Designation - Part 55, #6 Designation - Part 56, #7 Designation - Part 57, #8 Designation - Part 58, #9 Designation - Part 59, #10 Designation - Part 60, #11 Designation - Part 61, #12 Designation - Part 62, #13 Designation - Part 63, #14 Designation - Part 64, #15 Designation - Part 65, #16 Designation - Part 66, #17 Designation - Part 67, #18 Designation - Part 68, #19 Designation - Part 69, #20 Designation - Part 70, #21 Designation - Part 71, #22 Designation - Part 72, #23 Designation - Part 73, #24 Designation - Part 74, #25 Designation - Part 75, #26 Designation - Part 76, #27 Designation - Part 77, #28 Designation - Part 78, #29 Designation - Part 79, #30 Designation - Part 80, #31 Designation - Part 81, #32 Designation - Part 82, #33 Designation - Part 83, #34 Designation - Part 84, #35 Designation - Part 85, #36 Designation - Part 86, #37 Designation - Part 87, #38 Designation - Part 88, #39 Designation - Part 89, #40 Designation - Part 90, #41 Designation - Part 91, #42 Designation - Part 92, #43 Designation - Part 93, #44 Designation - Part 94, #45 Designation - Part 95, #46 Designation - Part 96, #47 Designation - Part 97, #48 Designation - Part 98, #49 Designation - Part 99, #50 Designation - Part 100) (Griffith, Joseph) |
| Filing 47 NOTICE of Joint Submission of Contents of the Record from MDL No. 2187 (PART ONE) re: #42 Remark filed by C R Bard Inc (Attachments: #1 Designation - Part 1, #2 Designation - Part 2, #3 Designation - Part 3, #4 Designation - Part 4, #5 Designation - Part 5, #6 Designation - Part 6, #7 Designation - Part 7, #8 Designation - Part 8, #9 Designation - Part 9, #10 Designation - Part 10, #11 Designation - Part 11, #12 Designation - Part 12, #13 Designation - Part 13, #14 Designation - Part 14, #15 Designation - Part 15, #16 Designation - Part 16, #17 Designation - Part 17, #18 Designation - Part 18, #19 Designation - Part 19, #20 Designation - Part 20, #21 Designation - Part 21, #22 Designation - Part 22, #23 Designation - Part 23, #24 Designation - Part 24, #25 Designation - Part 25, #26 Designation - Part 26, #27 Designation - Part 27, #28 Designation - Part 28, #29 Designation - Part 29, #30 Designation - Part 30, #31 Designation - Part 31, #32 Designation - Part 32, #33 Designation - Part 33, #34 Designation - Part 34, #35 Designation - Part 35, #36 Designation - Part 36, #37 Designation - Part 37, #38 Designation - Part 38, #39 Designation - Part 39, #40 Designation - Part 40, #41 Designation - Part 41, #42 Designation - Part 42, #43 Designation - Part 43, #44 Designation - Part 44, #45 Designation - Part 45, #46 Designation - Part 46, #47 Designation - Part 47, #48 Designation - Part 48, #49 Designation - Part 49, #50 Designation - Part 50) (Griffith, Joseph) |
| Filing 46 NOTICE of Attorney Appearance by Katherine Swan Wright on behalf of C R Bard Inc. (Wright, Katherine) |
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Filing 45
STATUS REPORT ORDER: Status Report due by 11/20/2019. (Ordered by Senior Judge Sidney A Fitzwater on 10/30/2019) (Senior Judge Sidney A Fitzwater)
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| Filing 44 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 43 Case electronically transferred in from District of West Virginia Southern; Case Number 2:12-cv-07943. 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 42 DESIGNATION OF RECORD for MDL transfers re: 2:10-md-02187 - C. R. Bard, Inc. (Cohen, Lori) [Transferred from West Virginia Southern on 10/21/2019.] |
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Filing 41
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 10/10/2019 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 10/9/2019 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 9/26/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2187; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 10/21/2019.]
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| Filing 40 REPLY by C. R. Bard, Inc. to #37 Response In Opposition and #38 Exhibit in Support. (Cohen, Lori) [Transferred from West Virginia Southern on 10/21/2019.] |
| Filing 39 REPLY by C. R. Bard, Inc. to #36 Response In Opposition. (Cohen, Lori) [Transferred from West Virginia Southern on 10/21/2019.] |
| Filing 38 EXHIBIT I by Cindy Dalton in support of #37 Response In Opposition. (Boldt, Paige) [Transferred from West Virginia Southern on 10/21/2019.] |
| Filing 37 RESPONSE and MEMORANDUM OF LAW by Cindy Dalton in opposition to #32 MOTION by C. R. Bard, Inc. for Summary Judgment and #33 Memorandum of Law. (Attachments: #1 Exhibit William Porter, MD Expert Report, #2 Exhibit Jerry G. Blaivas, MD Expert Report, #3 Exhibit Bruce Rosenzweig, MD Expert Report, #4 Exhibit William Porter, MD Expert Testimony, #5 Exhibit Rule 26 Expert Disclosures, #6 Exhibit Julia Elizabet Babensee, MD Expert Report, #7 Exhibit Bruce Rosenzweig, MD Expert Testimony, #8 Exhibit Memorandum Opinion and Order)(Boldt, Paige) [Transferred from West Virginia Southern on 10/21/2019.] |
| Filing 36 RESPONSE and MEMORANDUM OF LAW by Cindy Dalton in opposition of #34 MOTION by C. R. Bard, Inc. to Exclude the Opinions of William Porter, M.D. and #35 Memorandum of Law. (Attachments: #1 Exhibit William Porter, MD Expert Report, #2 Exhibit William Porter, MD Deposition Testimony, #3 Exhibit Rule 26 Expert Disclosures)(Boldt, Paige) [Transferred from West Virginia Southern on 10/21/2019.] |
| Filing 35 MEMORANDUM OF LAW by C. R. Bard, Inc. in support of #34 MOTION by C. R. Bard, Inc. to Exclude Opinions and Testimony of William Porter, M.D. (Cohen, Lori) [Transferred from West Virginia Southern on 10/21/2019.] |
| Filing 34 MOTION by C. R. Bard, Inc. to Exclude Opinions and Testimony of William Porter, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Cohen, Lori) [Transferred from West Virginia Southern on 10/21/2019.] |
| Filing 33 MEMORANDUM OF LAW by C. R. Bard, Inc. in support of #32 MOTION by C. R. Bard, Inc. for Summary Judgment. (Cohen, Lori) [Transferred from West Virginia Southern on 10/21/2019.] |
| Filing 32 MOTION by C. R. Bard, Inc. for Summary Judgment. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Cohen, Lori) [Transferred from West Virginia Southern on 10/21/2019.] |
| Filing 31 NOTICE OF DEPOSITION by C. R. Bard, Inc. of Gary Lemack, M.D. on April 25, 2019 at 8:00 AM CDT (Cohen, Lori) [Transferred from West Virginia Southern on 10/21/2019.] |
| Filing 30 NOTICE OF VIDEOTAPED DEPOSITION by C. R. Bard, Inc. of William Porter, M.D. on April 11, 2019 at 5:00 PM EDT (Cohen, Lori) [Transferred from West Virginia Southern on 10/21/2019.] |
| Filing 29 CERTIFICATE OF SERVICE by C. R. Bard, Inc. for Designation and Disclosure of Expert Witnesses; and related Expert Reports. (Cohen, Lori) [Transferred from West Virginia Southern on 10/21/2019.] |
| Filing 28 NOTICE OF DEPOSITION by C. R. Bard, Inc. of Todd E. Young, D.O. on March 19, 2019 at 2:30 PM CDT (Cohen, Lori) [Transferred from West Virginia Southern on 10/21/2019.] |
| Filing 27 NOTICE TO TAKE DEPOSITION by C. R. Bard, Inc. of Jeffrey Morgan, MD on March 7, 2019 at 2:00 pm CST (Cohen, Lori) [Transferred from West Virginia Southern on 10/21/2019.] |
| Filing 26 CERTIFICATE OF SERVICE by Cindy Dalton for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Boldt, Paige) [Transferred from West Virginia Southern on 10/21/2019.] |
| Filing 25 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Joseph P. Griffith on behalf of C. R. Bard, Inc. (Griffith, Joseph) [Transferred from West Virginia Southern on 10/21/2019.] |
| Filing 24 NOTICE OF DEPOSITION by C. R. Bard, Inc. of Tracy W. Cannon-Smith, M.D. on February 27, 2019 at 8:00 a.m. CST (Cohen, Lori) [Transferred from West Virginia Southern on 10/21/2019.] |
| Filing 23 NOTICE OF WITHDRAWAL OF ROBERT J. MOLLOHAN, JR. AS COUNSEL FOR DEFENDANT C. R. BARD, INC. by C. R. Bard, Inc. (Mollohan, Robert) [Transferred from West Virginia Southern on 10/21/2019.] |
| Filing 22 CERTIFICATE OF SERVICE by C. R. Bard, Inc. for Responses and Objections to Plaintiff's First Set of Interrogatories, Notice and Request for Production, and Notice and Request for Admissions. (Cohen, Lori) [Transferred from West Virginia Southern on 10/21/2019.] |
| Filing 21 CERTIFICATE OF SERVICE by Cindy Dalton for Plaintiffs Objections and Responses to Defendants C. R. Bard, Inc.s First Request for Production of Documents, First Request for Admission, First Set of Interrogatories, and Verification Page for First Set of Interrogatories. (Boldt, Paige) [Transferred from West Virginia Southern on 10/21/2019.] |
| Filing 20 NOTICE TO TAKE DEPOSITION by C. R. Bard, Inc. of Cindy Dalton on January 23, 2019 at 10:30 a.m. CST (Cohen, Lori) [Transferred from West Virginia Southern on 10/21/2019.] |
| Filing 19 CERTIFICATE OF SERVICE by C. R. Bard, Inc. for First Set of Interrogatories and First Set of Requests for Production. (Cohen, Lori) [Transferred from West Virginia Southern on 10/21/2019.] |
| Filing 18 CERTIFICATE OF SERVICE by Cindy Dalton for Notice and Request for Production, Notice and Request for Admissions, and First Set of Interrogatories. (Thompson, Ryan) [Transferred from West Virginia Southern on 10/21/2019.] |
| Filing 17 NOTICE OF ATTORNEY APPEARANCE by Paige Nicole Boldt on behalf of Cindy Dalton. (Boldt, Paige) [Transferred from West Virginia Southern on 10/21/2019.] |
| Filing 16 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jennifer B. Moore on behalf of C. R. Bard, Inc.. (Moore, Jennifer) [Transferred from West Virginia Southern on 10/21/2019.] |
| Filing 15 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Robert Jennings Mollohan, Jr on behalf of C. R. Bard, Inc. (Mollohan, Robert) [Transferred from West Virginia Southern on 10/21/2019.] |
| Filing 14 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Lori G. Cohen on behalf of C. R. Bard, Inc. (Cohen, Lori) [Transferred from West Virginia Southern on 10/21/2019.] |
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Filing 13
PRETRIAL ORDER # 297 (Docket Control Order - C. R. Bard Wave 8 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 C. R. Bard and Sofradim Production SAS, Tissue Science Laboratories and Covidien entities, 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 8 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 Bard Wave 8 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 04/9/2019. 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 2187; Bard Wave 8 cases identified on Exhibits A and B) (kp) (ADI) [Transferred from West Virginia Southern on 10/21/2019.]
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Filing 12
ORDER The deadline to submit joint motions of dismissal is extended to 10/31/2018 for all cases in MDL 2187 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2187 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 8/15/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2187; Cases on inactive docket) (kp) (ADI) [Transferred from West Virginia Southern on 10/21/2019.]
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Filing 11
ORDER denying #7 MOTION by Cindy Dalton for Leave to Reinstate Case. Signed by Judge Joseph R. Goodwin on 7/24/2018. (cc: counsel of record; any unrepresented party) (brn) [Transferred from West Virginia Southern on 10/21/2019.]
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Filing 10
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 Bard 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 Bard 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 2187; Member Cases Flagged "Closed" and "MDL Bard Inactive") (klc) (ADI) [Transferred from West Virginia Southern on 10/21/2019.]
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Filing 9
ORDER The deadline to submit joint motions of dismissal is extended to 8/31/2018 for all cases in MDL 2187 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2187 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 2187; Cases on inactive docket) (kab) [Transferred from West Virginia Southern on 10/21/2019.]
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Filing 8
ORDER The deadline to submit joint motions of dismissal is extended to 3/31/2018 for all cases in MDL 2187 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2187 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 2187; Cases on inactive docket) (mks) [Transferred from West Virginia Southern on 10/21/2019.]
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| Filing 7 MOTION by Cindy Dalton for Leave to Reinstate Case (Attachment: #1 Proposed Order)(Thompson, Ryan) [Transferred from West Virginia Southern on 10/21/2019.] |
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Filing 6
INACTIVE DOCKET ORDER Having been advised by counsel that in the cases listed on the attached Exhibit A, the plaintiffs and C. R. Bard, Inc. have agreed to a settlement model with regard to Bard. The Court finds it unnecessary to conduct further proceedings or to keep these cases on the active docket and ORDERS as follows: 1) all discovery deadlines are continued until further order of the Court, 2) the Clerk retire each of the cases listed on the attached Exhibit A from the active docket, 3) Plaintiffs and Bard may submit an agreed order of dismissal with prejudice on or before 9/30/2017; if settlements are not finalized and dismissal orders are not submitted by then the Court will have a hearing to determine the appropriate action pertaining to any remaining cases on the inactive docket. The Court and Counsel for plaintiffs and defendant(s) are directed to provide quarterly reports as to their progress. The Court will reinstate any case on the attached Exhibit A to the active docket if one of the parties, on motion, shows good cause for such reinstatement. This Order is related to the Proposed Inactive Docket Order filed at ECF No. 2186 in MDL Case No. 2187 Bard. Signed by Judge Joseph R. Goodwin on 8/22/2016. (cc: attys; any unrepresented party) (REF: MDL 2187; Cases Listed on Exhibit A)(slr) [Transferred from West Virginia Southern on 10/21/2019.]
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| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Marc E. Williams on behalf of C. R. Bard, Inc.. (Williams, Marc) [Transferred from West Virginia Southern on 10/21/2019.] |
| Filing 4 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 10/21/2019.] |
| Filing 3 WAIVER OF SERVICE EXECUTED. Waiver signed by Richard B. North, Jr. on 12/12/2012. C. R. Bard, Inc. waiver mailed on 12/6/2012, answer due 2/4/2013. (North, Richard) [Transferred from West Virginia Southern on 10/21/2019.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER #58 (SECOND AMENDED Discovery Order for Group 1A Cases) entered on 11/13/2012 in MDL 2187 to attorneys in member case. (jap) [Transferred from West Virginia Southern on 10/21/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2090900. (Attachment: #1 Civil Cover Sheet) (mmw) [Transferred from West Virginia Southern on 10/21/2019.] |
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