Davenport, et al. v. Bayer Corporation et al
Plaintiff: Clara Ferebee, Toni Davenport and Tanya Davenport
Defendant: Bayer Healthcare LLC, Bayer Shering Pharma AG, Berlex Inc, Berlex Laboratories, Inc., Bayer Corporation, Bayer Pharmaceuticals Corporation, Bayer Healthcare Pharmaceuticals Inc. and Bayer Healthcare, AG
Guardian Ad Litem: J. E. and D.W.
Case Number: 3:2018cv00847
Filed: December 11, 2018
Court: US District Court for the Eastern District of Virginia
Presiding Judge: John A Gibney
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on February 11, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 11, 2021 Opinion or Order Filing 119 ORDER FOR WITHDRAWAL AND DISBURSEMENT OF FUNDS it is hereby ADJUDGED, ORDERED AND DECREED that the Plaintiffs Motion for Disbursement of Deposited Funds #117 is hereby GRANTED. Pursuant to Local Rule 67, it is ORDERED that the funds in the amount of THREE HUNDRED FORTY-NINE DOLLARS AND SEVENTY-NINE CENTS ($349.79) be disbursed. SEE ORDER FOR DETAILS. Signed by District Judge John A. Gibney, Jr on 2/11/2021. (asho, )
February 11, 2021 Remark - re: #119 Order. Funds in the amount of THREE HUNDRED FORTY NINE DOLLARS AND SEVENTY NINE CENTS ($349.79) disbursed to the following: Kalfus & Nachman PC, Attn: Jesse M. Suit, III, Esq., attorney for D. W., 870 N. Military Highway, Suite 300, Norfolk, VA 23502. Financial Clerk sent paperwork to be approved. Check to be issued and mailed by the U. S. Department of the Treasury to Kalfus & Nachman PC for said amount. (tdai, )
February 10, 2021 Filing 118 Memorandum in Support re #117 MOTION for Disbursement of Funds filed by Toni Davenport. (Attachments: #1 Exhibit)(Suit, Jesse)
February 10, 2021 Filing 117 MOTION for Disbursement of Funds by Toni Davenport. (Attachments: #1 Proposed Order)(Suit, Jesse)
January 11, 2021 Remark - re: #111 Final Order Approving Wrongful Death and Infant Settlement. Funds in the amount of $60,556.29 ($59,901.04 Principal + $655.25 Interest) disbursed to the following: "J. E.". Financial Clerk sent paperwork for approval. Check to be issued and mailed by the U. S. Department of the Treasury to "J. E." for said amount. (tdai, )
March 12, 2020 Remark - re: #116 Order. Funds in the amount of TEN THOUSAND SIX HUNDRED AND TWENTY-ONE DOLLARS ($10,621.00) disbursed to the following: Kalfus & Nachman PC, Attn: Jesse M. Suit, III, Esq., attorney for D. W., 870 N. Military Highway, Suite 300, Norfolk, VA 23502. Financial Clerk sent paperwork to be approved. Check to be issued and mailed by the U. S. Department of the Treasury to Kalfus & Nachman PC for said amount. (tdai, )
March 12, 2020 Opinion or Order Filing 116 ORDER for Withdrawal and Disbursement of Funds. It is hereby ADJUDGED, ORDERED AND DECREED that the Plaintiff's Motion for Disbursement of Deposited Funds is hereby GRANTED. It is further ORDERED and DIRECTED that the Court withdraw the sum of TEN THOUSAND SIX HUNDRED AND TWENTY-ONE DOLLARS ($10,621.00) from the Court Registry Investment System being held for the benefit of D.W. and disburse this amount to Kalfus & Nachman P.C. as attorney for the plaintiff and D.W., to be held in escrow by Kalfus & Nachman and disbursed to The Keystone School for tuition and to tutor Judy Alston upon receipt of documentation of tutoring services rendered to D. W. Pursuant to Local Rule 67, it is ORDERED that the funds in the amount of TEN THOUSAND SIX HUNDRED AND TWENTY-ONE DOLLARS ($10,621.00) be disbursed to the following: Kalfus & Nachman PC, Attn: Jesse M. Suit, III, Esq., attorney for D. W., 870 N. Military Highway, Suite 300, Norfolk, VA 23502, (757) 461-4900, Tax ID #54-11 24387. Signed by District Judge John A. Gibney, Jr. on 3/12/2020. (sbea, )
March 11, 2020 Filing 115 Memorandum in Support re: #114 MOTION for Disbursement of Funds filed by Toni Davenport. (Attachments: #1 Exhibit - Redacted, #2 Exhibit - Redacted, #3 Exhibit - Redacted, #4 Exhibit - Redacted)(Suit, Jesse). Modified docket text on 3/11/2020 . (sbea, )
March 11, 2020 Filing 114 MOTION for Disbursement of Funds by Toni Davenport. (Attachments: #1 Proposed Order)(Suit, Jesse)
October 3, 2019 Filing 113 Remark - #1) Deposit Receipt No. 34683045169; Amount: $59,901.04; Re: J.E., minor. #2) Deposit Receipt No. 34683045170; Amount $79,901.04; Re: D.W., minor re: #111 Final Order Approving Wrongful Death and Infant Settlement. Funds to be invested in a court-approved, interest-bearing instrument in accordance with Rule 67 of the Federal Rules of Civil Procedure, the Court Registry Investment System ("CRIS"). (tdai, )
October 2, 2019 Filing 112 Clerk's Office Letter to Epiq re: #111 Final Order Approving Wrongful Death and Infant Settlement. (tdai, )
August 30, 2019 Opinion or Order Filing 111 FINAL ORDER APPROVING WRONGFUL DEATH AND INFANT SETTLEMENT. Signed by District Judge John A. Gibney, Jr on 8/30/19. (khan, ) (Additional attachment(s) added on 9/9/2019: #1 Exhibit) (wtuc, ).
August 30, 2019 Filing 110 Minute Entry for proceedings held before District Judge John A. Gibney, Jr:Settlement Approval Hearing held on 8/30/2019. Settlement Approved. Order entered. (Court Reporter Gil Halasz, OCR.)(khan, )
August 29, 2019 Filing 109 REDACTED EXHIBIT Number 4 to Proposed Final Order Approving Settlement re: #102 Order by Toni Davenport. (Suit, Jesse). Modified docket entry on 08/29/2019. (walk, ).
August 29, 2019 Filing 108 REDACTED EXHIBIT Number 3 to Proposed Final Order Approving Settlement re: #102 Order by Toni Davenport. (Suit, Jesse). Modified docket entry on 08/29/2019. (walk, ).
August 29, 2019 Filing 107 REDACTED EXHIBIT Number 2 to Proposed Final Order Approving Settlement re: #102 Order by Toni Davenport. (Suit, Jesse). Modified docket entry on 08/29/2019. (walk, ).
August 29, 2019 Filing 106 AFFIDAVIT in Support re #91 MOTION for Settlement (to Approve Compromise Settlement) regarding Guardian ad litem fees for Lester C. Brock, Esq. filed by Toni Davenport. (Suit, Jesse)
August 29, 2019 Filing 105 AFFIDAVIT in Support re #91 MOTION for Settlement (to Approve Compromise Settlement) regarding Guardian ad litem fees for Sharon N. Horner, Esq. filed by Toni Davenport. (Suit, Jesse)
August 29, 2019 Filing 104 AFFIDAVIT in Support re #91 MOTION for Settlement (to Approve Compromise Settlement) of Toni Davenport filed by Toni Davenport. (Suit, Jesse)
August 29, 2019 Filing 103 AFFIDAVIT in Support re #91 MOTION for Settlement (to Approve Compromise Settlement) Attorney's Affidavit filed by Toni Davenport. (Attachments: #1 Exhibit)(Suit, Jesse)
August 28, 2019 Opinion or Order Filing 102 ORDER - This matter comes before the Court on its own initiative. On August 23, 2019, counsel for the plaintiff filed documents in support of the parties' motion to approve a settlement agreement #101 . Upon due consideration, the Court DIRECTS the Clerk to remove Exhibits 2, 3, and 4 to the supplemental documents from the public record. By August 29,2019 at 5:00 p.m., counsel for the plaintiff shall file new versions of those exhibits with the personal identifiable information redacted. SEE ORDER FOR DETAILS. Signed by District Judge John A. Gibney, Jr. on 08/28/2019. (smej, )
August 23, 2019 Filing 101 Response to #91 MOTION for Settlement (to Approve Compromise Settlement) filed by Toni Davenport. (Attachments: #1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Suit, Jesse)
August 16, 2019 Opinion or Order Filing 100 ORDER granting #99 Motion for Pro hac vice. Jonathan Wilson appointed for Bayer Healthcare Pharmaceuticals Inc., and Bayer Shering Pharma AG. Signed by District Judge John A. Gibney, Jr. on 8/16/2019. (jsmi, ) Modified per Attorney Mitchell Morris on 8/16/2019 (jsau, ).
August 14, 2019 Filing 99 Motion to appear Pro Hac Vice by Jonathan Wilson and Certification of Local Counsel Mitchell K. Morris Filing fee $ 75, receipt number 0422-6788769. by Bayer Healthcare Pharmaceuticals Inc., Bayer Shering Pharma AG. (Morris, Mitchell)
July 31, 2019 Opinion or Order Filing 98 ORDER APPOINTING GUARDIAN AD LITEM It appearing to the Court that D. W., a statutory beneficiary of Decedent Tanya Davenport, is a minor under the age of eighteen (18) years, it is accordingly the ORDER of the Court that Lester C. Brock, Esquire, a discreet and competent attorney at law admitted to this Court, be appointed as guardian ad /item for infant beneficiary D. W. The plaintiff will pay the fees for the guardian ad litem. Signed by District Judge John A. Gibney, Jr on 07/31/2019. (tjoh, )
July 31, 2019 Opinion or Order Filing 97 ORDER APPOINTING GUARDIAN AD LITEM It appearing to the Court that J.E., a statutory beneficiary of Decedent Tanya Davenport, is a minor under the age of eighteen (18) years, it is accordingly the ORDER of the Court that Sharon N. Horner, Esq., a discreet and competent attorney at law admitted to this Court, be appointed as guardian ad /item for infant beneficiary J.E. the plaintiff will pay the fees for the guardian ad litem. Signed by District Judge John A. Gibney, Jr on 07/31/2019. (tjoh, )
July 30, 2019 Filing 96 Memorandum in Support re #95 MOTION to Appoint Guardian ad Litem filed by Toni Davenport. (Suit, Jesse)
July 30, 2019 Filing 95 MOTION to Appoint Guardian ad Litem by Toni Davenport. (Attachments: #1 Proposed Order)(Suit, Jesse)
July 30, 2019 Filing 94 Memorandum in Support re #93 MOTION to Appoint Guardian ad Litem filed by Toni Davenport. (Suit, Jesse)
July 30, 2019 Filing 93 MOTION to Appoint Guardian ad Litem by Toni Davenport. (Attachments: #1 Proposed Order)(Suit, Jesse)
June 11, 2019 Set Hearing: Settlement Approval Hearing set for 8/30/2019 at 10:00 AM in Richmond Courtroom 6000 before District Judge John A. Gibney, Jr. (wtuc)
May 9, 2019 Set as to #91 MOTION for Settlement (to Approve Compromise Settlement): Motion Hearing set for 6/20/2019 at 10:00 AM in Richmond Courtroom 6000 before District Judge John A. Gibney, Jr. (wtuc)
May 6, 2019 Filing 92 Memorandum in Support re #91 MOTION for Settlement (to Approve Compromise Settlement) filed by Toni Davenport. (Attachments: #1 Exhibit)(Suit, Jesse)
May 6, 2019 Filing 91 MOTION for Settlement (to Approve Compromise Settlement) by Toni Davenport. (Suit, Jesse)
April 25, 2019 Filing 90 NOTICE of Settlement by Toni Davenport (Suit, Jesse)
February 28, 2019 Opinion or Order Filing 89 ORDER - For the reasons stated from the bench, the Court DENIES the plaintiffs' motion for partial summary judgment #32 , and GRANTS the defendants' motion to exclude Dr. Twente #43 & #45 . Accordingly, the Court DENIES AS MOOT the defendants' motion to depose Dr. Twente a second time #34 . Signed by District Judge John A. Gibney, Jr. on 02/28/2019. (smej, )
February 27, 2019 Filing 88 Minute Entry for proceedings held before District Judge John A. Gibney, Jr.: Motion Hearing held on 2/27/2019 re #32 First MOTION for Partial Summary Judgment filed by Toni Davenport, Clara Ferebee, Tanya Davenport, #45 MOTION to Exclude - Public Version of DE #43 filed by Bayer Shering Pharma AG, Bayer Healthcare Pharmaceuticals Inc., #34 MOTION for Order to Bayer's Motion for Deposition of Plaintiffs' Expert on Materials Relied On That Were Wrongfully Withheld filed by Bayer Shering Pharma AG, Bayer Healthcare Pharmaceuticals Inc.; the motion to exclude the witness is granted; the motion for deposition is found moot; the motion for partial summary judgment is denied (Court Reporter G. Halasz, OCR.)(wtuc, )
February 25, 2019 Opinion or Order Filing 86 ORDER - This matter comes before the Court on the defendants' motion to preclude additional evidence or testimony at the motions hearing on February 27, 2019. (Dk. No. 80.) Upon due consideration, the Court DENIES the motion to preclude. Signed by District Judge John A. Gibney, Jr on 02/25/2019. (tjoh, )
February 25, 2019 Opinion or Order Filing 85 ORDER - This matter comes before the Court on the defendants' motion to withdraw the appearance of two attorneys from this matter. (Dk. No. 84.) Upon due consideration, the Court GRANTS the motion and allows John E. Galvin and Terry Lueckenhoff of the firm Fox Galvin, LLC, to withdraw as counsel for the defendants. Signed by District Judge John A. Gibney, Jr on 02/25/2019. (tjoh, )
February 20, 2019 Filing 84 MOTION to Withdraw Appearance of Counsel by Bayer Healthcare Pharmaceuticals Inc., Bayer Shering Pharma AG. (Morris, Mitchell)
February 19, 2019 Filing 83 Brief in Support to #80 MOTION Preclude Additional Evidence or Testimony at February 27, 2019 Motions Hearing Reply filed by Bayer Healthcare Pharmaceuticals Inc., Bayer Shering Pharma AG. (Morris, Mitchell)
February 14, 2019 Filing 82 Memorandum in Opposition re #80 MOTION Preclude Additional Evidence or Testimony at February 27, 2019 Motions Hearing filed by Toni Davenport. (Suit, Jesse)
February 1, 2019 Filing 81 Memorandum in Support re #80 MOTION Preclude Additional Evidence or Testimony at February 27, 2019 Motions Hearing filed by Bayer Healthcare Pharmaceuticals Inc., Bayer Shering Pharma AG. (Attachments: #1 Exhibit 1 - Subpoena to Allison Twente (February 27, 2019 hearing))(Morris, Mitchell)
February 1, 2019 Filing 80 MOTION Preclude Additional Evidence or Testimony at February 27, 2019 Motions Hearing by Bayer Healthcare Pharmaceuticals Inc., Bayer Shering Pharma AG. (Morris, Mitchell)
January 28, 2019 Filing 77 NOTICE of Appearance by Ryan Christopher Suit on behalf of Toni Davenport (Suit, Ryan)
January 25, 2019 Opinion or Order Filing 76 ORDER REGARDING PROCEDURES FOR SETTLEMENT CONFERENCE The Court has scheduled this case for a settlement conference on February 5, 2019, at 10:00 a.m. At that time, the parties shall report to the chambers of United States Magistrate Judge David J. Novak. SEE ORDER FOR DETAILS, Signed by Magistrate Judge David J. Novak on 01/25/2019. (tjoh, )
January 23, 2019 Settlement Conference set for 2/5/2019 at 10:00 AM in Richmond Judges Chamber before Magistrate Judge David J. Novak. (cgar)
January 22, 2019 Opinion or Order Filing 75 ORDER granting #70 Motion for Pro hac vice Appointed Rebecca Weinstein Bacon for Bayer Healthcare Pharmaceuticals Inc., Rebecca Weinstein Bacon for Bayer Shering Pharma AG. Signed by District Judge John A. Gibney, Jr on 01/18/2019. (tjoh, )
January 22, 2019 Opinion or Order Filing 74 ORDER granting #71 Motion for Pro hac vice Appointed Brian Charles Swanson for Bayer Healthcare Pharmaceuticals Inc., Brian Charles Swanson for Bayer Shering Pharma AG. Signed by District Judge John A. Gibney, Jr on 01/18/2019. (tjoh, )
January 18, 2019 Opinion or Order Filing 73 PRETRIAL ORDER: Final Pretrial Conference set for 6/21/2019 at 09:00 AM and Jury Trial set for 7/15/2019 at 09:00 AM in Richmond Courtroom 6000 before District Judge John A. Gibney, Jr. Signed by District Judge John A. Gibney, Jr. on 1/18/19. (wtuc)
January 18, 2019 Opinion or Order Filing 72 ORDER. It is hereby ORDERED that the settlement conference and proceedings are referred to United States Magistrate David J. Novak. Counsel shall be responsible for contacting the Chambers of Magistrate Judge Novak within five (5) days of the date of this Order to schedule the conference, which should occur at such time as Magistrate Judge Novak shall approve. Signed by District Judge John A. Gibney, Jr. on 01/18/2019. (tjoh, )
January 18, 2019 Set as to #32 First MOTION for Partial Summary Judgment, #34 MOTION for Order to Bayer's Motion for Deposition of Plaintiffs' Expert on Materials Relied On That Were Wrongfully Withheld, #45 MOTION to Exclude - Public Version of DE #43, #43 SEALED MOTION - Motion to Exclude: Motion Hearing set for 2/27/2019 at 09:00 AM in Richmond Courtroom 6000 before District Judge John A. Gibney, Jr. (wtuc)
January 18, 2019 Case referred to Magistrate Judge David J. Novak for settlement purposes. (tjoh, )
January 17, 2019 Minute Entry for proceedings held before District Judge John A. Gibney, Jr.: Initial Pretrial Conference held on 1/17/2019. (wtuc)
January 16, 2019 Filing 71 Motion to appear Pro Hac Vice by Brian Charles Swanson and Certification of Local Counsel Mitchell K. Morris Filing fee $ 75, receipt number 0422-6448513. by Bayer Healthcare Pharmaceuticals Inc., Bayer Shering Pharma AG. (Attachments: #1 Attachment to Application of Brian Charles Swanson)(Morris, Mitchell)
January 16, 2019 Filing 70 Motion to appear Pro Hac Vice by Rebecca Weinstein Bacon and Certification of Local Counsel Mitchell K. Morris Filing fee $ 75, receipt number 0422-6448489. by Bayer Healthcare Pharmaceuticals Inc., Bayer Shering Pharma AG. (Attachments: #1 Attachment to Application of Rebecca Weinstein Bacon)(Morris, Mitchell)
January 4, 2019 Opinion or Order Filing 69 ORDER granting #60 Motion for Pro hac vice Appointed Raymond Charles Silverman for Toni Davenport. Signed by District Judge John A. Gibney, Jr on 01/04/2019. (tjoh, )
January 4, 2019 Opinion or Order Filing 68 ORDER granting #61 Motion for Pro hac vice Appointed Jessica Louise Richman for Toni Davenport. Signed by District Judge John A. Gibney, Jr on 01/04/2019. (tjoh, )
January 4, 2019 Opinion or Order Filing 67 ORDER granting #59 Motion for Pro hac vice Appointed Melanie H. Muhlstock for Toni Davenport. Signed by District Judge John A. Gibney, Jr on 01/04/2019. (tjoh, )
January 4, 2019 Opinion or Order Filing 66 SCHEDULING ORDER: Initial Pretrial Conference set for 1/17/2019 at 02:00 PM before District Judge John A. Gibney, Jr. Signed by District Judge John A. Gibney, Jr on 1/4/19. (wtuc) ( #1 Electronic Device Authorization Form for counsel not listed in order) (wtuc).
January 3, 2019 Opinion or Order Filing 65 ORDER granting #58 Motion for Pro hac vice Appointed Katherine M. Swift for Bayer Healthcare Pharmaceuticals Inc., Katherine M. Swift for Bayer Shering Pharma AG. Signed by District Judge John A. Gibney, Jr on 01/03/2019. (tjoh, )
January 3, 2019 Opinion or Order Filing 64 ORDER granting #57 Motion for Pro hac vice Appointed Jean K. Tinkham for Bayer Healthcare Pharmaceuticals Inc., Jean K. Tinkham for Bayer Shering Pharma AG. Signed by District Judge John A. Gibney, Jr on 01/03/2019. (tjoh, )
January 3, 2019 Opinion or Order Filing 63 ORDER granting #54 Motion for Pro hac vice Appointed Lindley J. Brenza for Bayer Healthcare Pharmaceuticals Inc., Lindley J. Brenza for Bayer Shering Pharma AG. Signed by District Judge John A. Gibney, Jr on 01/03/2019. (tjoh, )
January 3, 2019 Opinion or Order Filing 62 ORDER granting #53 Motion for Pro hac vice. Pro Hac Vice Attorney Kaspar J. Stoffelmayr for Bayer Healthcare Pharmaceuticals Inc., Bayer Shering Pharma AG. Signed by District Judge John A. Gibney, Jr on 01/03/2019. (tjoh, )
January 3, 2019 Filing 61 Motion to appear Pro Hac Vice by Jessica Louise Richman and Certification of Local Counsel Jesse M. Suit, III Filing fee $ 75, receipt number 0422-6428903. by Toni Davenport. (Attachments: #1 Exhibit)(Suit, Jesse)
January 3, 2019 Filing 60 Motion to appear Pro Hac Vice by Raymond Charles Silverman and Certification of Local Counsel Jesse M. Suit, III Filing fee $ 75, receipt number 0422-6428894. by Toni Davenport. (Attachments: #1 Exhibit)(Suit, Jesse)
January 3, 2019 Filing 59 Motion to appear Pro Hac Vice by Melanie Haberman Muhlstock and Certification of Local Counsel Jesse M. Suit, III Filing fee $ 75, receipt number 0422-6428869. by Toni Davenport. (Suit, Jesse)
December 31, 2018 Filing 58 Motion to appear Pro Hac Vice by Katherine M. Swift and Certification of Local Counsel Mitchell K. Morris Filing fee $ 75, receipt number 0422-6425363. by Bayer Healthcare Pharmaceuticals Inc., Bayer Shering Pharma AG. (Attachments: #1 Attachment to Application of Katherine M. Swift)(Morris, Mitchell)
December 31, 2018 Filing 57 Motion to appear Pro Hac Vice by Jean K. Tinkham and Certification of Local Counsel Mitchell K. Morris Filing fee $ 75, receipt number 0422-6425362. by Bayer Healthcare Pharmaceuticals Inc., Bayer Shering Pharma AG. (Morris, Mitchell)
December 28, 2018 Filing 56 NOTICE of Appearance by Lee Adair Floyd on behalf of Bayer Healthcare Pharmaceuticals Inc., Bayer Shering Pharma AG (Floyd, Lee)
December 27, 2018 Filing 55 Brief in Support to #45 MOTION to Exclude - Public Version of DE #43 Reply filed by Bayer Healthcare Pharmaceuticals Inc., Bayer Shering Pharma AG. (Morris, Mitchell)
December 27, 2018 Filing 54 Motion to appear Pro Hac Vice by Lindley J. Brenza and Certification of Local Counsel Mitchell K. Morris Filing fee $ 75, receipt number 0422-6423013. by Bayer Healthcare Pharmaceuticals Inc., Bayer Shering Pharma AG. (Attachments: #1 Attachment to Application of Lindley J. Brenza)(Morris, Mitchell)
December 27, 2018 Filing 53 Motion to appear Pro Hac Vice by Kaspar J. Stoffelmayr and Certification of Local Counsel Mitchell K. Morris Filing fee $ 75, receipt number 0422-6422963. by Bayer Healthcare Pharmaceuticals Inc., Bayer Shering Pharma AG. (Attachments: #1 Attachment to Application of Kaspar J. Stoffelmayr)(Morris, Mitchell)
December 26, 2018 Filing 52 NOTICE of Appearance by Mitchell Kirks Morris on behalf of Bayer Healthcare Pharmaceuticals Inc., Bayer Shering Pharma AG (Morris, Mitchell)
December 21, 2018 Filing 51 Memorandum in Opposition re: #45 MOTION to Exclude - Public Version of DE #43 filed by Toni Davenport. (Attachments: #1 Exhibit A - Redacted, #2 Exhibit B - Redacted, #3 Exhibit C - Redacted)(Suit, Jesse). Clerk modified Exhibit label names on 12/26/2018 (sbea, ).
December 13, 2018 Filing 50 NOTICE of Appearance by Jesse Marden Suit, III on behalf of Toni Davenport (Suit, Jesse)
December 11, 2018 Filing 49 Letters from the Clerk to Counsel of Record regarding Local Rule 83.1 (letters mailed USP along with copy of Local Rule 83.1). (tjoh, )
December 11, 2018 Filing 48 Case transferred in from District of Illinois Southern; Case Number 3:10-cv-13322. Original file and docket sheet received.
December 6, 2018 Opinion or Order Filing 47 ORDER TRANSFERRING CASE TO OTHER DISTRICT pursuant to 28 U.S.C. Section 1404(a): Case transferred to United States District Court for the Eastern District of Virginia. The Clerk of Court is DIRECTED to transmit the complete file in this case to the Clerk of the United States District Court for the Eastern District of Virginia. Signed by Judge David R. Herndon on 12/6/2018. (ceh) (Additional attachment(s) added on 12/6/2018: #1 Joint Remand and Transfer Memorandum) (jlrr). [Transferred from Illinois Southern on 12/11/2018.]
December 6, 2018 Filing 46 Memorandum to Transferee Court from Transferor Court containing case-specific details to help aid in transfer. (ceh) [Transferred from Illinois Southern on 12/11/2018.]
November 27, 2018 Filing 45 MOTION to Exclude - Public Version of DE #43 by Bayer Healthcare Pharmaceuticals Inc, Bayer Shering Pharma AG. (Attachments: #1 Exhibit 1 - Twente Deposition Excerpts, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/11/2018.]
November 27, 2018 Opinion or Order Filing 44 ORDER acknowledging #42 Bayer Shering Pharma AG, Bayer Healthcare Pharmaceuticals Inc. Notice of Withdrawal of #40 MOTION to Exclude - Testimony of Allison Twente, Ph.D. The Clerk is DIRECTED to strike the #40 Motion to Exclude. Accordingly, plaintiff's #41 Emergency MOTION to Strike is rendered moot. Plaintiff is to respond the pending motion at docket entry #43 . Signed by Judge David R. Herndon on 11/27/2018. (ceh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/11/2018.]
November 27, 2018 Filing 43 SEALED MOTION - Motion to Exclude by Bayer Healthcare Pharmaceuticals Inc, Bayer Shering Pharma AG. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/11/2018.]
November 27, 2018 Filing 42 NOTICE by Bayer Healthcare Pharmaceuticals Inc, Bayer Shering Pharma AG re #40 MOTION to Exclude - Bayer's Motion to Exclude Testimony of Allison Twente, Ph.D. -- Notice of Withdrawal of Motion to Exclude Testimony of Allison Twente, Ph.D. (Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/11/2018.]
November 27, 2018 Filing 41 Emergency MOTION to Strike #40 MOTION to Exclude - Bayer's Motion to Exclude Testimony of Allison Twente, Ph.D. by Toni Davenport. (Muhlstock, Melanie) [Transferred from Illinois Southern on 12/11/2018.]
November 26, 2018 Filing 40 **STRICKEN PER DOC. 44** MOTION to Exclude - Bayer's Motion to Exclude Testimony of Allison Twente, Ph.D. by Bayer Healthcare Pharmaceuticals Inc, Bayer Shering Pharma AG. (Attachments: #1 Exhibit 1 - Twente Deposition Excerpts, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6 - Twente Notes)(Lueckenhoff, Terry) Modified on 11/27/2018 (arf). [Transferred from Illinois Southern on 12/11/2018.]
November 26, 2018 Filing 39 RESPONSE in Opposition re #32 First MOTION for Partial Summary Judgment - Memorandum of Law in Opposition to Plaintiff's Motion for Partial Summary Judgment on General and Specific Causation filed by Bayer Healthcare Pharmaceuticals Inc, Bayer Shering Pharma AG. (Attachments: #1 Exhibit 1 - Barnhart Deposition Excerpt, #2 Exhibit 2 - Barnhart Report, #3 Exhibit 3 - Botney Deposition Excerpt, #4 Exhibit 4 - Pomp Article, #5 Exhibit 5 - Medical Records, #6 Exhibit 6 - Williams Deposition Excerpt, #7 Exhibit 7 - PFS Excerpts, #8 Exhibit 8 - Yaz Label)(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/11/2018.]
November 20, 2018 Opinion or Order Filing 38 CASE MANAGEMENT ORDER NO. 85 - Order Disbanding the Plaintiffs' Steering Committee. Signed by Judge David R. Herndon on 11/20/2018. (arf) [Transferred from Illinois Southern on 12/11/2018.]
November 10, 2018 Filing 37 REPLY to Response to Motion re #34 MOTION for Order to Bayer's Motion for Deposition of Plaintiffs' Expert on Materials Relied On That Were Wrongfully Withheld filed by Bayer Healthcare Pharmaceuticals Inc, Bayer Shering Pharma AG. (Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/11/2018.]
November 8, 2018 Filing 36 MEMORANDUM in Opposition re #34 MOTION for Order to Bayer's Motion for Deposition of Plaintiffs' Expert on Materials Relied On That Were Wrongfully Withheld filed by Tanya Davenport, Toni Davenport. (Attachments: #1 Declaration of Melanie H. Muhlstock, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Muhlstock, Melanie) [Transferred from Illinois Southern on 12/11/2018.]
November 6, 2018 Opinion or Order Filing 35 ORDER re #34 Bayer's Motion for Deposition of Plaintiffs' Expert on Materials Relied On That Were Wrongfully Withheld filed by Bayer Shering Pharma AG, Bayer Healthcare Pharmaceuticals Inc. Due to the subject matter of the motion and the time already spent obtaining production of expert witness notes, the Court DIRECTS plaintiffs to respond to the motion for deposition on or before November 9, 2018 at 12:00PM. Signed by Judge David R. Herndon on 11/6/2018. (ceh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/11/2018.]
November 5, 2018 Filing 34 MOTION for Order to Bayer's Motion for Deposition of Plaintiffs' Expert on Materials Relied On That Were Wrongfully Withheld by Bayer Healthcare Pharmaceuticals Inc, Bayer Shering Pharma AG. (Attachments: #1 Exhibit 1 - Notice of Deposition, #2 Exhibit 2 - Deposition Excerpts)(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/11/2018.]
October 25, 2018 Filing 33 MEMORANDUM in Support re #32 First MOTION for Partial Summary Judgment filed by Tanya Davenport, Toni Davenport, Clara Ferebee. (Attachments: #1 Statement of Undisputed Facts, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Muhlstock, Melanie) [Transferred from Illinois Southern on 12/11/2018.]
October 25, 2018 Filing 32 First MOTION for Partial Summary Judgment by Tanya Davenport, Toni Davenport, Clara Ferebee. Responses due by 11/29/2018 (Attachments: #1 Declaration of Melanie H. Muhlstock)(Muhlstock, Melanie) [Transferred from Illinois Southern on 12/11/2018.]
October 19, 2018 Opinion or Order Filing 31 ORDER granting #30 Motion for Order for time limit. Unfortunately the court failed to set a time limit in his order of September 26th at Doc. 29. Plaintiff's counsel should have gathered the documents over the intervening time and the court presumes compliance within seven days, October 26, 2018, will be no problem. Any requests for an extension of time must be supported by extraordinary circumstances.. Signed by Judge David R. Herndon on 10/19/2018. (Herndon, David)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/11/2018.]
October 18, 2018 Filing 30 MOTION for Order to - Bayer's Motion for Discovery Schedule and Modification of CMO 83 by Bayer Healthcare Pharmaceuticals Inc, Bayer Shering Pharma AG. (Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/11/2018.]
September 26, 2018 Opinion or Order Filing 29 ORDER granting #25 Motion for Order to Compel production of documents relied upon by plaintiff's medical experts which have not yet been disclosed. Plaintiff argues defendants already have as much as they need but if they don't have all the materials relied upon by the experts for their testimony or reports, in fact, defendants do not have everything they need. It is required that plaintiff produce the above described material in discovery. Signed by Judge David R. Herndon on 9/26/2018. (Herndon, David)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/11/2018.]
March 26, 2018 Filing 28 MEMORANDUM in Opposition re #25 MOTION for Order to - Motion to Compel Production of Materials Relied Upon by Plaintiff's Experts and for an Extension of Time filed by Tanya Davenport, Toni Davenport. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Muhlstock, Melanie) [Transferred from Illinois Southern on 12/11/2018.]
March 22, 2018 Opinion or Order Filing 27 ORDER granting #26 Motion to Amend CMO 83 deadlines. See Order for details. Signed by Judge David R. Herndon on 3/22/2018. (ceh) [Transferred from Illinois Southern on 12/11/2018.]
March 21, 2018 Filing 26 MOTION for Order to - Bayer's Motion for Extension of CMO 83 Deadlines by Bayer Healthcare Pharmaceuticals Inc, Bayer Shering Pharma AG. (Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/11/2018.]
March 12, 2018 Filing 25 MOTION for Order to - Motion to Compel Production of Materials Relied Upon by Plaintiff's Experts and for an Extension of Time by Bayer Healthcare Pharmaceuticals Inc, Bayer Shering Pharma AG. (Attachments: #1 Exhibit 1 - Twente Notice of Deposition, #2 Exhibit 2 - Kucsma Notice of Deposition, #3 Exhibit 3 - Twente Deposition, #4 Exhibit 4 - Email re Twente RPF, #5 Exhibit 5 - Email re Motion to Compel, #6 Exhibit 6 - Kucsma Deposition, #7 Exhibit 7 - Grogan Deposition)(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/11/2018.]
October 31, 2017 Opinion or Order Filing 24 ORDER granting #21 Joint Motion for Order for Extension of CMO 83 Deadlines. Per the parties' joint stipulation, the following CMO 83 deadlines, contained in Section III, paragraphs 7-10, are hereby amended as follows: 7. Plaintiff's rebuttal expert reports, if any, shall be served no later than Friday, December 22, 2017. 8. Expert depositions, to the extent either party seeks this discovery, shall be taken following receipt of all expert reports in the given case and shall conclude no later than Friday, March 9, 2018. 9. Daubert motions and dispositive motions, if any, shall be filed no later than Monday, April 9, 2018, and response briefs, if any, shall be filed no later than Wednesday, May 9, 2018. 10. No later than Monday, April 9, 2018, parties to each case shall also jointly advise the Court of the district to which the case shall be remanded or transferred pursuant to Paragraph 10 of CMO 38 and Paragraph II.C of CMO No. 9. Signed by Judge David R. Herndon on 10/31/2017. (ceh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/11/2018.]
October 31, 2017 Filing 23 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #22 Order on Motion for Order. Minute Order containing deadlines will be entered. (arf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/11/2018.]
October 31, 2017 Opinion or Order Filing 22 **STRICKEN PER ORDER DOCUMENT 23** ORDER granting #21 Motion for Order to Extend CMO 83 Deadlines. The new deadlines, agreed to by the parties, are contained herein. Signed by Judge David R. Herndon on 10/31/2017. (ceh) Modified on 10/31/2017 (arf). [Transferred from Illinois Southern on 12/11/2018.]
October 30, 2017 Filing 21 Joint MOTION for Order to - Joint Motion for Extension of CMO 83 Deadlines by Bayer Healthcare Pharmaceuticals Inc, Bayer Shering Pharma AG. (Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/11/2018.]
April 21, 2017 Filing 20 NOTICE REGARDING FILING re #18 Motion for Extension of Time to Complete Discovery, filed by Toni Davenport, Tanya Davenport. When pleadings contain multiple attorney signatures, the non-filing attorney must include the language with consent with his/her signature. See Section 2.1 of the CM/ECF Users Manual. In addition, proposed order was attached to the main document. Proposed documents are not to be filed, but rather submitted via e-mail to the Court (see CM/ECF Users Manual at pgs. 2.6-2.7). This motion has been ruled on and therefore, this notice is for informational purposes and no action is required. (cjo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/11/2018.]
April 21, 2017 Opinion or Order Filing 19 ORDER granting #18 Motion for Extension of Time to Complete Discovery. The Court hereby adopts the discovery deadlines stipulated to by the parties in Exhibit 1 to #18 Motion for Extension of Time. Signed by Judge David R. Herndon on 4/21/2017. (ceh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/11/2018.]
April 20, 2017 Filing 18 Joint MOTION for Extension of Time to Complete Discovery by Tanya Davenport, Toni Davenport. (Attachments: #1 Exhibit Proposed So-Ordered Stipulation Approving Joint Motion to Amend CMO No 83 Schedule for Further Proceedings in Case Subject to CMOs 78 and 79)(Muhlstock, Melanie) [Transferred from Illinois Southern on 12/11/2018.]
January 12, 2017 Opinion or Order Filing 17 ORDER granting #16 Motion for Extension of Time. Signed by Judge David R. Herndon on 1/12/2017. (dsw) [Transferred from Illinois Southern on 12/11/2018.]
January 11, 2017 Filing 16 Joint MOTION for Extension of Time of CMO 83 Deadlines by Tanya Davenport, Toni Davenport. (Muhlstock, Melanie) [Transferred from Illinois Southern on 12/11/2018.]
December 16, 2016 Filing 15 ANSWER to #13 Amended Complaint and Additional Defenses of Defendant Bayer Pharma AG, f/k/a Bayer Schering Pharma AG by Bayer Shering Pharma AG.(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/11/2018.]
December 16, 2016 Filing 14 ANSWER to #13 Amended Complaint and Additional Defenses by Bayer Healthcare Pharmaceuticals Inc.(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/11/2018.]
December 7, 2016 Filing 13 AMENDED COMPLAINT against All Defendants, filed by Tanya Davenport, Clara Ferebee.(Muhlstock, Melanie) [Transferred from Illinois Southern on 12/11/2018.]
December 5, 2016 Opinion or Order Filing 12 MINUTE ORDER granting #11 Motion to Substitute Party and file Amended Complaint Reflecting the Same: Plaintiffs shall file the Amended Complaint naming Toni Davenport, individually and as Administrator of the Estate of Tanya Davenport, as party Plaintiff in place of party Clara Ferebee, individually and as Administrator of the Estate of Tanya Davenport as a separate docket entry by December 12, 2016. The Clerk of the Court SHALL amend the docket accordingly upon the filing of the amended complaint. Signed by Judge David R. Herndon on 12/5/2016. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/11/2018.]
December 2, 2016 Filing 11 MOTION to Substitute Party and to Amend Complaint Pursuant to FRCP 25 by Tanya Davenport, Clara Ferebee. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Muhlstock, Melanie) [Transferred from Illinois Southern on 12/11/2018.]
August 25, 2016 Opinion or Order Filing 10 MINUTE ORDER re #9 - Motion for Minute Orders Under CMO 83 Establishing Effective Date under Section II of CMO 83: In Accord with Section II of CMO 83 and Bayer's motion related thereto, August 25, 2016, shall be the "Effective Date" for purposes of setting deadlines for case-specific discovery in this case under Section III of CMO 83. Signed by Judge David R. Herndon on 8/25/2016. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/11/2018.]
August 25, 2016 Filing 9 MOTION for Order to - Motion for Minute Orders Under CMO 83 by Bayer Healthcare Pharmaceuticals Inc. (Galvin, John) [Transferred from Illinois Southern on 12/11/2018.]
March 19, 2013 Opinion or Order Filing 8 CASE MANAGEMENT ORDER NUMBER 60, Settlement Agreement and Deadlines - Gallbladder Injuries. Signed by Chief Judge David R. Herndon on 3/15/2013. (Attachments: #1 Exhibit A (Signed Settlement Agreement), #2 Exhibit B (Notice of Intent to Opt Out Form - Appendix B-1), #3 Exhibit C (Notice of Intent to Opt In Form - Appendix B-2), #4 Exhibit D (Declaration - Appendix G))(dsw) [Transferred from Illinois Southern on 12/11/2018.]
August 10, 2011 Filing 7 ANSWER to #2 Complaint, and Additional Defenses by Bayer Pharma AG, f/k/a Bayer Schering Pharma AG by Bayer Shering Pharma AG.(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/11/2018.]
June 22, 2011 Filing 6 ANSWER to #2 Complaint, and Additional Defenses by Bayer Healthcare Pharmaceuticals Inc.(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/11/2018.]
December 7, 2010 Filing 5 SUMMONS Returned Executed by Tanya Davenport, Clara Ferebee. Bayer Healthcare Pharmaceuticals Inc served on 11/24/2010, answer due 12/15/2010. (Muhlstock, Melanie) [Transferred from Illinois Southern on 12/11/2018.]
December 7, 2010 Filing 4 SUMMONS Returned Executed by Clara Ferebee, Tanya Davenport. Bayer Shering Pharma AG served on 12/3/2010, answer due 12/27/2010. (Muhlstock, Melanie) [Transferred from Illinois Southern on 12/11/2018.]
November 8, 2010 Filing 3 Summons Issued as to Bayer Healthcare Pharmaceuticals Inc, Bayer Shering Pharma AG. (cekf) [Transferred from Illinois Southern on 12/11/2018.]
November 5, 2010 Filing 2 COMPLAINT and Jury Demand against Bayer Corporation, Bayer Healthcare AG, Bayer Healthcare LLC, Bayer Healthcare Pharmaceuticals Inc, Bayer Pharmaceuticals Corporation, Bayer Shering Pharma AG, Berlex Inc, Berlex Laboratories Inc., filed by Clara Ferebee, Tanya Davenport. (Attachments: #1 Civil Cover Sheet)(Muhlstock, Melanie) [Transferred from Illinois Southern on 12/11/2018.]
November 5, 2010 Filing 1 Case Opened. Documents may now be electronically filed. Case number 10-13322-DRH-PMF must be placed on all documents prior to filing them electronically. (jlrr) [Transferred from Illinois Southern on 12/11/2018.]

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Search for this case: Davenport, et al. v. Bayer Corporation et al
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Defendant: Bayer Healthcare LLC
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Defendant: Bayer Shering Pharma AG
Represented By: Adam L. Hoeflich
Represented By: Kaspar J. Stoffelmayr
Represented By: Terry Lueckenhoff
Represented By: John E. Galvin
Represented By: Rebecca Weinstein Bacon
Represented By: Jean K. Tinkham
Represented By: Lee Adair Floyd
Represented By: Katherine M. Swift
Represented By: Lindley J. Brenza
Represented By: Brian Charles Swanson
Represented By: Mitchell Kirks Morris
Represented By: Jonathan Wilson
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Defendant: Berlex Inc
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Defendant: Berlex Laboratories, Inc.
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Defendant: Bayer Corporation
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Defendant: Bayer Pharmaceuticals Corporation
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Defendant: Bayer Healthcare Pharmaceuticals Inc.
Represented By: Adam L. Hoeflich
Represented By: Kaspar J. Stoffelmayr
Represented By: Terry Lueckenhoff
Represented By: John E. Galvin
Represented By: Rebecca Weinstein Bacon
Represented By: Jean K. Tinkham
Represented By: Lee Adair Floyd
Represented By: Katherine M. Swift
Represented By: Lindley J. Brenza
Represented By: Brian Charles Swanson
Represented By: Mitchell Kirks Morris
Represented By: Jonathan Wilson
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Defendant: Bayer Healthcare, AG
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Plaintiff: Clara Ferebee
Represented By: Mark R. Niemeyer
Represented By: Michael S. Burg
Represented By: Melanie Muhlstock
Represented By: Roger C. Denton
Represented By: Michael A. London
Represented By: Melanie H. Muhlstock
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Plaintiff: Toni Davenport
Represented By: Mark R. Niemeyer
Represented By: Michael S. Burg
Represented By: Melanie Muhlstock
Represented By: Roger C. Denton
Represented By: Michael A. London
Represented By: Melanie H. Muhlstock
Represented By: Jessica Louise Richman
Represented By: Raymond Charles Silverman
Represented By: Jesse Marden Suit, III
Represented By: Ryan Christopher Suit
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Plaintiff: Tanya Davenport
Represented By: Melanie Muhlstock
Represented By: Melanie H. Muhlstock
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Guardian ad litem: J. E.
Represented By: Sharon Novella Horner
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Guardian ad litem: D.W.
Represented By: Lester Copeland Brock, III
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