Kelly v. C. R. Bard Inc.
| Sallie Kelly and Boyd Kelly |
| American Medical Systems Inc and C. R. Bard Inc. |
| 1:2019cv00983 |
| October 10, 2019 |
| US District Court for the Western District of Texas |
| Susan Hightower |
| Lee Yeakel |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 43
ORDER REFERRING CASE to Magistrate Judge Susan Hightower. Signed by Judge Lee Yeakel.. Referral Magistrate Judge: Susan Hightower. (dm)
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Filing 39
ORDER GRANTING #34 Motion to Appear Pro Hac Vice as to Eric L. Alexander. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (dm)
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| Filing 38 CERTIFICATE OF SERVICE by C. R. Bard Inc. AMENDED CERTIFICATE OF SERVICE BY JEFF LAYNE FOR MOTION FOR ADMISSION PRO HAC VICE OF ERIC L. ALEXANDER #34 MOTION to Appear Pro Hac Vice by R. Jeffrey Layne for Eric L. Alexander ( Filing fee $ 100 receipt number 0542-12766960) (Layne, R.) |
| Filing 37 CERTIFICATE OF SERVICE by C. R. Bard Inc. AMENDED CERTIFICATE OF SERVICE BY JEFF LAYNE #32 Notice of Appearance (Layne, R.) |
| Filing 36 CERTIFICATE OF SERVICE by C. R. Bard Inc. Amended Certificate of Service of Megan Hudgeons #33 Notice of Appearance (Hudgeons, Megan) |
| Filing 35 DEFICIENCY NOTICE: re #32 Notice of Appearance, #33 Notice of Appearance. (dm) |
| Filing 34 MOTION to Appear Pro Hac Vice by R. Jeffrey Layne for Eric L. Alexander ( Filing fee $ 100 receipt number 0542-12766960) by on behalf of C. R. Bard Inc.. (Attachments: #1 Proposed Order)(Layne, R.) |
| Filing 33 NOTICE of Attorney Appearance by Megan Alter Hudgeons on behalf of C. R. Bard Inc.. Attorney Megan Alter Hudgeons added to party C. R. Bard Inc.(pty:dft) (Hudgeons, Megan) |
| Filing 32 NOTICE of Attorney Appearance by R. Jeffrey Layne on behalf of C. R. Bard Inc.. Attorney R. Jeffrey Layne added to party C. R. Bard Inc.(pty:dft) (Layne, R.) |
| Filing 31 Case Opening Letter and Transfer Letter sent to Eric L. Alexander, Joseph F. Archer, and Ernest W. Boyd, Jr. (cj) |
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Filing 30
Order Directing Eric L. Alexander, Joseph F. Archer, and Ernest W. Boyd, Jr. to File a Motion to Appear Pro Hac Vice within 14 days. Signed by Judge Lee Yeakel. (cj)
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| Filing 29 Case electronically transferred in from Southern District of West Virginia; Case Number 2:13-cv-15909. |
| Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cj) |
| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Austin (cj) |
| DEMAND for Trial by Jury by Sallie Kelly. (cj) |
| Filing 28 DESIGNATION OF RECORD for MDL transfers re: 2:10-md-02187 - C. R. Bard, Inc. (Alexander, Eric) [Transferred from West Virginia Southern on 10/10/2019.] |
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Filing 27
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 10/10/2019.]
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| Filing 26 RESPONSE by Sallie Kelly to #23 MOTION by C. R. Bard Inc. for Summary Judgment against Sallie Kelly (Attachment: #1 Exhibit 1)(Boyd, Ernest) (Modified on 1/3/2019 to remove link to #24 memorandum of law) (mk). [Transferred from West Virginia Southern on 10/10/2019.] |
| Filing 25 SUR-REPLY by Sallie Kelly to #24 Defendant C.R. Bard's Reply Memorandum of Law in Support of its Motion to Dismiss for Insufficient Service of Process. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Boyd, Ernest) [Transferred from West Virginia Southern on 10/10/2019.] |
| Filing 24 MEMORANDUM OF LAW by C. R. Bard Inc. in support of #23 MOTION by C. R. Bard Inc. for Summary Judgment (Alexander, Eric) [Transferred from West Virginia Southern on 10/10/2019.] |
| Filing 23 MOTION by C. R. Bard Inc. for Summary Judgment against Sallie Kelly (Attachments: #1 Exhibit A)(Alexander, Eric) [Transferred from West Virginia Southern on 10/10/2019.] |
| Filing 22 NOTICE of Adoption of Motion to Exclude or Limit Certain Opinions and Testimony of Anthony B. Brennan, Ph.D. by C. R. Bard Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Alexander, Eric) [Transferred from West Virginia Southern on 10/10/2019.] |
| Filing 21 NOTICE of Adoption of Motion to Exclude, or in the Alternative, Limit Certain Opinions and Testimony of Kimberly H. Allison, M.D. by C. R. Bard Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Alexander, Eric) [Transferred from West Virginia Southern on 10/10/2019.] |
| Filing 20 REPLY by C. R. Bard Inc. to #19 Response In Opposition,. (Alexander, Eric) [Transferred from West Virginia Southern on 10/10/2019.] |
| Filing 19 RESPONSE by Sallie Kelly in opposition to #17 MOTION by C. R. Bard Inc. to Dismiss for Insufficient Service of Process (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Boyd, Ernest) (Modified on 10/13/2018 to remove link to #18 memorandum in support) (ts). [Transferred from West Virginia Southern on 10/10/2019.] |
| Filing 18 MEMORANDUM OF LAW by C. R. Bard Inc. in support of #17 MOTION by C. R. Bard Inc. to Dismiss for Insufficient Service of Process (Alexander, Eric) [Transferred from West Virginia Southern on 10/10/2019.] |
| Filing 17 MOTION by C. R. Bard Inc. to Dismiss for Insufficient Service of Process (Alexander, Eric) [Transferred from West Virginia Southern on 10/10/2019.] |
| Filing 16 LIST OF INTENDED GENERAL CAUSATION EXPERTS filed by Sallie Kelly. (Boyd, Ernest) [Transferred from West Virginia Southern on 10/10/2019.] |
| Filing 15 FIRST AMENDED SHORT FORM COMPLAINT by Sallie Kelly against C. R. Bard, Inc. (Boyd, Ernest) (Modified on 6/26/2018 to convert event to amended complaint) (lca). [Transferred from West Virginia Southern on 10/10/2019.] |
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Filing 14
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 10/10/2019.]
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| Filing 13 CERTIFICATE OF SERVICE by Sallie Kelly for Rule 26 Expert Disclosures. (Boyd, Ernest) [Transferred from West Virginia Southern on 10/10/2019.] |
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Filing 12
ORDER The #9 MOTION by C. R. Bard Inc. to Dismiss For Insufficient Service of Process is DENIED without prejudice. The plaintiffs must serve a completed Complaint and Plaintiff Profile Form on the defendants on or before 7/2/2018; failure to comply with this Order will result in dismissal upon motion by the defendant. Signed by Judge Joseph R. Goodwin on 5/31/2018. (cc: counsel of record; any unrepresented party) (st) [Transferred from West Virginia Southern on 10/10/2019.]
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| Filing 11 RESPONSE by Sallie Kelly in opposition to #9 Motion by C. R. Bard Inc. to Dismiss For Insufficient Service of Process. (Attachment: #1 Exhibit A)(Boyd, Ernest) [Transferred from West Virginia Southern on 10/10/2019.] |
| Filing 10 MEMORANDUM OF LAW by C. R. Bard Inc. in support of #9 MOTION by C. R. Bard Inc. to Dismiss For Insufficient Service. (Cohen, Lori) [Transferred from West Virginia Southern on 10/10/2019.] |
| Filing 9 MOTION by C. R. Bard Inc. to Dismiss For Insufficient Service of Process. (Attachment: #1 Exhibit A)(Cohen, Lori) [Transferred from West Virginia Southern on 10/10/2019.] |
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Filing 8
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) (st) [Transferred from West Virginia Southern on 10/10/2019.]
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Filing 7
ORDER (Dismissing Defendant American Medical Systems, Inc. with Prejudice and Transferring Case to MDL 2187) granting #6 JOINT MOTION by American Medical Systems, Inc. to Dismiss Defendant American Medical Systems, Inc. With Prejudice and MOTION by Sallie Kelly, Boyd Kelly TO TRANSFER this member case from MDL 2325 American Medical Systems to MDL 2187 C. R. Bard; plaintiffs' counsel is DIRECTED to file an Amended Short Form Complaint within the time frame stated in the motion; Defendant AMS is DISMISSED WITH PREJUDICE as a defendant in this action and this action is TRANSFERRED to MDL 2187; the Clerk is DIRECTED to disassociate the civil action as member case in MDL 2325 and re-associate it with MDL 2187. Signed by Judge Joseph R. Goodwin on 12/12/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (kp) [Transferred from West Virginia Southern on 10/10/2019.]
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| Filing 6 JOINT MOTION by American Medical Systems, Inc. to Dismiss Defendant American Medical Systems, Inc. With Prejudice and MOTION by Sallie Kelly, Boyd Kelly TO TRANSFER this member case from MDL 2325 American Medical Systems to MDL 2187 C. R. Bard. (Binis, Barbara) (Modified on 12/12/2017 to add party filers) (lca). [Transferred from West Virginia Southern on 10/10/2019.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael J. Farrell on behalf of American Medical Systems, Inc.. (Farrell, Michael) [Transferred from West Virginia Southern on 10/10/2019.] (Main Document 5 replaced and flattened on 10/10/2019) (cj). |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Erik W. Legg on behalf of American Medical Systems, Inc.. (Legg, Erik) [Transferred from West Virginia Southern on 10/10/2019.] (Main Document 4 replaced and flattened on 10/10/2019) (cj). |
| Filing 3 WAIVER OF SERVICE EXECUTED. Waiver signed by Tracy G. Weiss on 8/12/13. American Medical Systems, Inc. waiver mailed on 6/28/2013, answer due 8/27/2013. (Weiss, Tracy) [Transferred from West Virginia Southern on 10/10/2019.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER #70 (Plaintiffs' Motion to Compel Defendants to Produce Documents and Deposition Dates for Clinical, Regulatory and Research Development Witnesses and for Compliance with PTO # 54) entered on 06/19/2013 in MDL 2325 to attorneys in member case. (jap) [Transferred from West Virginia Southern on 10/10/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2501948. (Attachment: #1 Civil Cover Sheet) (lab) [Transferred from West Virginia Southern on 10/10/2019.] |
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