Floyd v. C R Bard Incorporated et al
| Kenneth Floyd |
| C R Bard Incorporated and Bard Peripheral Vascular Incorporated |
| 1:2021cv00251 |
| March 1, 2021 |
| US District Court for the Eastern District of Virginia |
| John F Anderson |
| Anthony J Trenga |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 26, 2021. A more recent docket listing may be available from PACER.
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Filing 26
Order Rule 16(b) Scheduling Order - Upon consideration of the representations made by the parties in their Amended Provisional Discovery Plan ("Joint Discovery Plan") #25 , and at the initial pretrial conference held on April 23, 2021, and taking note of the Scheduling Order entered in this case #16 , the court makes the following rulings: 1. All discovery shall be concluded by August 13, 2021. 2. The Joint Discovery Plan filed by the parties is adopted, including exhibits B, C, D, and E referenced in paragraph II (Docket nos. 25-2 to 25-5), and it shall control discovery to the extent of its application unless further modified by the court. See order for further details. Signed by Magistrate Judge John F. Anderson on 4/26/2021. (lgue, )
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| Filing 25 Amended Provisional Discovery Plan by Bard Peripheral Vascular Incorporated, C R Bard Incorporated. (Attachments: #1 Exhibit A - Amended Suggestion of Remand and Transfer Order (Fifth), Case No. 2:15-md-02641-DGC, MDL 2641 (D. Ariz. February 11, 2021), #2 Exhibit B - Stipulated Protective Order, MDL Doc. 269, Nov. 10, 2015, #3 Exhibit C - CMO No. 7, MDL Doc. 401, Jan. 5, 2016, #4 Exhibit D - Amended CMO No. 17, MDL Doc. 4015, Nov. 16, 2016, #5 Exhibit E - CMO No. 12, MDL Doc. 1663, May 5, 2016, #6 Exhibit F - Case Management Order, Caldera v. C. R. Bard, Inc., Doc. 8 (D. Ariz. Jan. 10, 2020))(Busman, Philip) |
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Filing 24
ORDER - ORDERED that the final pretrial conference is continued from July 15, 2021 at 10:00 a.m. to August 19, 2021 at 10:00 a.m., and the discovery cutoff date is extended from June 24, 2021 to August 13,2021. The parties shall submit a revised proposed discovery plan. Signed by Magistrate Judge John F. Anderson on 04/23/2021. (wgar, )
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| Filing 23 Minute Entry for proceedings held before Magistrate Judge John F. Anderson:Initial Pretrial Conference held on 4/23/2021. Appearances of counsel via ZoomGov. Discovery due 8/13/21. Final Pretrial Conference reset to 8/19/21. Parties to resubmit a proposed discovery plan. Order to follow. (wgar, ) |
| Set/Reset Scheduling Order Deadlines: Final Pretrial Conference reset for 8/19/2021 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. Discovery due by 8/13/2021. (wgar, ) |
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Filing 22
ORDER - On April 8,2021 the parties filed a provisional discovery plan. (Docket no. 17). In that provisional discovery plan counsel for defendants indicated that five cases were set for trial in this District in support of the request for additional time to conduct discovery and prepare fortrial. Id. at 5. A review of the docket sheets in at least two of the five cases cited by defendants reveals that prior to the filing of the provisional discovery plan those cases had either been settled or had been dismissed. At the initial pretrial conference on April 23, 2021 counsel fordefendants should be prepared to address the status of each of the five cases cited in the provisional discovery plan and explain the basis for citing those cases to the court. Signed by Magistrate Judge John F. Anderson on 04/21/2021. (dvanm, )
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Filing 21
ORDER - The initial pretrial conference scheduled in this matter for Wednesday, April 21, 2021 at 11:00 a.m. is continued to Friday, April 23, 2021 at 1:00 p.m. Counsel will be provided with the information needed to join the remote conference next week. Signed by Magistrate Judge John F. Anderson on 04/15/2021. (wgar, )
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| Filing 20 NOTICE by Bard Peripheral Vascular Incorporated, C R Bard Incorporated Regarding Availability for Initial Pretrial Conference (Busman, Philip) |
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Filing 19
ORDER granting in part and denying in part #18 Motion to Continue. ORDERED that the initial pretrial conference will be held remotely through ZoomGov video conferencing service and should not last more than thirty (30) minutes. The parties shall file a notice choosing a time they are available between 10:00 a.m. and 4:00 p.m. on April 22, 2021 or between noon and 4:00 p.m. on April 23, 2021. The court will continue the initial pretrial conference to the chosen time and provide the parties with the information needed to join the remote conference. Signed by Magistrate Judge John F. Anderson on 4/15/2021. (wgar, )
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| Initial Pretrial Conference reset for 4/23/2021 at 01:00 PM in Alexandria Remote before Magistrate Judge John F. Anderson. (wgar, ) |
| Filing 18 Consent MOTION to Continue Status Conference by Bard Peripheral Vascular Incorporated, C R Bard Incorporated. (Attachments: #1 Proposed Order)(Busman, Philip) |
| Filing 17 Provisional Discovery Plan by Bard Peripheral Vascular Incorporated, C R Bard Incorporated. (Attachments: #1 Exhibit A - Amended Suggestion of Remand and Transfer Order (Fifth), Case No. 2:15-md-02641-DGC, MDL 2641 (D. Ariz. February 11, 2021), #2 Exhibit B - Stipulated Protective Order, MDL Doc. 269, Nov. 10, 2015, #3 Exhibit C - CMO No. 7, MDL Doc. 401, Jan. 5, 2016, #4 Exhibit D - Amended CMO No. 17, MDL Doc. 4015, Nov. 16, 2016, #5 Exhibit E - CMO No. 12, MDL Doc. 1663, May 5, 2016, #6 Exhibit F - Case Management Order, Caldera v. C. R. Bard, Inc., Doc. 8 (D. Ariz. Jan. 10, 2020))(Busman, Philip) |
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Filing 16
SCHEDULING ORDER: Initial Pretrial Conference set for 4/21/2021 at 11:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. Final Pretrial Conference set for 7/15/2021 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J. Trenga. Discovery due by 6/24/2021. Signed by District Judge Anthony J. Trenga on 3/23/2021. (Attachments: #1 Magistrate Consent, #2 Pretrial Notice)(dzir)
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| Filing 15 STATUS REPORT [JOINT] by Bard Peripheral Vascular Incorporated, C R Bard Incorporated. (Attachments: #1 Exhibit Exhibit A - Case Management Order, Caldera v. C. R. Bard, Inc., Civ. A. No. CV19-4266 PHX DGC, Doc. 8 (D. Ariz. Jan. 10, 2020))(Busman, Philip) |
| Filing 14 NOTICE of Appearance by Jason Wells Fernandez on behalf of Kenneth Floyd (Fernandez, Jason) |
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Filing 13
ORDER granting #10 Motion to Withdraw as Attorney. Attorney Richard B. North, Jr terminated. Signed by Magistrate Judge John F. Anderson on 03/09/2021. (dvanm, )
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| Filing 12 NOTICE of Appearance by David Michael Barnes on behalf of Bard Peripheral Vascular Incorporated, C R Bard Incorporated (Barnes, David) |
| Filing 11 Corporate Disclosure Statement by Bard Peripheral Vascular Incorporated, C R Bard Incorporated. (Busman, Philip) |
| Filing 10 MOTION to Withdraw as Attorney Richard B. North, Jr. by Bard Peripheral Vascular Incorporated, C R Bard Incorporated. (Attachments: #1 Proposed Order)(Busman, Philip) |
| Filing 9 NOTICE of Appearance by Philip M. Busman on behalf of Bard Peripheral Vascular Incorporated, C R Bard Incorporated (Busman, Philip) |
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Filing 8
ORDERED that counsel shall file within fifteen (15) days from the date of this Order a status report, jointly if possible, if not separately, concerning the issues already decided by the previous court and those issues remaining to be decided in this Court, including specifically, but without limitation, the status of discovery, any outstanding or anticipated motions, and whether the parties are ready for trial. Signed by District Judge Anthony J Trenga on 03/02/2021. (dvanm, )
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| Filing 7 Case transferred in from District of Arizona; Case Number 2:19-cv-02526. Original file and docket sheet received. |
| Remark: Transferring Case to the Eastern District of Virginia via electronic transfer. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 3/1/2021.] |
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Filing 6
AMENDED SUGGESTION OF REMAND AND TRANSFER ORDER (FIFTH). See Order for Complete Details. Signed by Senior Judge David G Campbell on 2/11/2021. (MAP) [Transferred from Arizona on 3/1/2021.]
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Filing 5
*AMENDED By Doc. #6 *SUGGESTION OF REMAND AND TRANSFER ORDER (FIFTH). See Order for Complete Details. Signed by Senior Judge David G Campbell on 2/9/2021. (MAP) *Modified on 2/19/2021 (MAP). [Transferred from Arizona on 3/1/2021.]
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Filing 4
CASE MANAGEMENT ORDER NO. 49 - The dismissal orders in the cases listed on Attachment A are vacated. The Clerk is directed to reinstate each case in this MDL. See Order for Details. Signed by Senior Judge David G Campbell on 2/1/2021. (MAP) [Transferred from Arizona on 3/1/2021.]
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Filing 3
*VACATED By Doc. #4 *ORDER - Granting Stipulation of Dismissal. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the stipulation of dismissal without prejudice of the above Plaintiffs (Doc. 21006 in lead case 15-md-2641) is granted. The claims of the Plaintiffs are dismissed in their entirety without prejudice to the re-filing of same, and the parties are to bear their own costs. Signed by Senior Judge David G Campbell on 12/17/19. (SLQ) *Modified on 2/8/2021 (MAP). [Transferred from Arizona on 3/1/2021.]
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| Filing 2 This case has been assigned to the Honorable David G. Campbell, with member case number: CV-19-2526-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 3/1/2021.] |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-16807472 filed by Kenneth Floyd. (Attachments: #1 Civil Cover Sheet)(MAP) [Transferred from Arizona on 3/1/2021.] |
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