Cuffee et al v. C. R. Bard, Inc.
Plaintiff: Donald Cuffee and Carolyn D. Cuffee
Defendant: C. R. Bard Inc.
Case Number: 3:2019cv00926
Filed: December 17, 2019
Court: US District Court for the Eastern District of Virginia
Presiding Judge: Henry E Hudson
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on February 26, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 26, 2020 Opinion or Order Filing 91 ORDER - Upon review of this matter, it appears that Plaintiffs reside in the Norfolk Division, witnesses are located in the Norfolk Division, and Plaintiffs' claims substantially arise from events occurring in the Norfolk Division. After conferring with counsel, this Court finds that, in the interest of justice, transfer to the Norfolk Division is appropriate. The Court HEREBY ORDERS that the Clerk of the Court TRANSFER this action from the United States District Court for the Eastern District of Virginia, Richmond Division, to the United States District Court for the Eastern District of Virginia, Norfolk Division. Signed by District Judge Henry E. Hudson on 02/26/2020. (tjoh, )
February 26, 2020 Intradistrict Transfer to Norfolk Division, 2:20cv105 (afar)
February 26, 2020 Minute Entry: Matter came on for Initial Pretrial Conference on 2/26/2020 before District Judge Henry E. Hudson; case to be transferred to the Norfolk Division, order to enter (rpiz)
February 21, 2020 Filing 90 NOTICE by Carolyn D. Cuffee, Donald Cuffee re #1 Complaint Master Long Form Complaint and Jury Demand (George, Jonathan)
February 19, 2020 Filing 89 Proposed Joint Discovery Plan by Carolyn D. Cuffee, Donald Cuffee.(George, Jonathan)
February 12, 2020 Opinion or Order Filing 88 ORDER granting #86 Motion for Pro hac vice. Signed by District Judge Henry E. Hudson on 02/12/2020. (tjoh, )
February 11, 2020 Filing 87 C. R. Bard, Inc.'s ANSWER to #1 Complaint - Plaintiffs' MDL Master Long Form Complaint by C. R. Bard Inc..(Sizemore, Justin)
February 11, 2020 Filing 86 Motion to appear Pro Hac Vice by Eric L. Alexander and Certification of Local Counsel Brent R. Gary Filing fee $ 75, receipt number 0422-7067811. by C. R. Bard Inc.. (Gary, Brent)
January 31, 2020 Opinion or Order Filing 85 SCHEDULING ORDER with Attachment #1 Pretrial Schedle A - Initial Pretrial Conference set for 2/26/2020 at 10:45 AM before District Judge Henry E. Hudson (rpiz)
January 29, 2020 Filing 84 NOTICE of Appearance by Jonathan A. George on behalf of Carolyn D. Cuffee, Donald Cuffee (George, Jonathan)
January 28, 2020 Filing 83 ****DISREGARD - FILED IN ERROR *** ORDER (Directing Appearance of Local Counsel for Plaintiff). In order to facilitate proceedings in this matter, and pursuant to Local Rule 83.1, Plaintiff is hereby ORDERED to obtain counsel who is duly admitted to practice in the Eastern District of Virginia, and said counsel shall note their appearance within FOURTEEN (14) DAYS of entry of this Order. It is so ORDERED. Signed by Senior United States District Judge Henry E. Hudson on 1/28/2020. (sbea, ) Modified on 1/28/2020 (jsau, ).
January 28, 2020 Notice of Correction re: #83 Order. Please disregard order - filed in error in this matter. Clerk has corrected the docket to show Peter Andrew Kraus as local counsel for the plaintiffs. No further action required. (jsau, )
January 13, 2020 Filing 82 NOTICE of Appearance by Peter Andrew Kraus on behalf of Carolyn D. Cuffee, Donald Cuffee (Kraus, Peter)
January 10, 2020 Filing 81 NOTICE of Appearance by Justin Michael Sizemore on behalf of C. R. Bard Inc. (Sizemore, Justin)
January 10, 2020 Filing 80 NOTICE of Appearance by Brent Ryan Gary on behalf of C. R. Bard Inc. (Gary, Brent)
December 18, 2019 Filing 79 Letter from the Clerk to counsel not admitted re: Local Rule 83.1. (tjoh, )
December 17, 2019 Filing 78 Case transferred in from District of West Virginia Southern; Case Number 2:14-cv-02528. Original file and docket sheet received.
December 3, 2019 Opinion or Order Filing 77 TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 12/17/2019 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 12/16/2019 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 12/3/2019. (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 12/17/2019.]
May 6, 2019 Opinion or Order Filing 76 ORDER granting #75 MOTION by Carolyn D. Cuffee, Donald Cuffee to Vacate #74 Order Dismissing Defendant C. R. Bard, Inc. Without Prejudice; the Clerk is directed to reinstate case to the active docket. Signed by Judge Joseph R. Goodwin on 5/6/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (kew) [Transferred from West Virginia Southern on 12/17/2019.]
May 3, 2019 Filing 75 MOTION by Carolyn D. Cuffee, Donald Cuffee to Vacate #74 Order Dismissing Defendant C. R. Bard, Inc. Without Prejudice (Attachment: #1 Proposed Order)(MacLean, Leslie) [Transferred from West Virginia Southern on 12/17/2019.]
May 3, 2019 Opinion or Order Filing 74 VACATED PURSUANT TO THE #76 ORDER ENTERED 5/6/2019: ORDER (Dismissing Defendant C. R. Bard, Inc. without Prejudice) granting the Joint Motion to Dismiss without Prejudice; the Clerk is directed to dismiss the Bard defendant from the individual civil action(s) without prejudice; and if no other defendants remain in an individual action, then (a) strike the action from the docket, and (b) close the case. Signed by Judge Joseph R. Goodwin on 5/3/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2187; Cases on the attached Exhibit(s)) (st) (Modified on 5/6/2019 to note order has been vacated) (kew). [Transferred from West Virginia Southern on 12/17/2019.]
May 1, 2019 Opinion or Order Filing 73 PRETRIAL ORDER # 305 (Docket Control Order - C. R. Bard Wave 10 Cases) The court ORDERS that the cases on Exhibits A and B are: (1) removed from the pending inactive docket; and (2) placed on the active docket. The court further ORDERS that: (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 every case listed on Exhibits A and B become subject to the deadlines in this Docket Control Order; and (4) The following deadlines immediately apply in all Wave 10 cases with one important exception, as more fully set forth herein. Scheduling Deadlines. The following deadlines shall apply in all Bard Wave 10 cases: Plaintiff Fact Sheets due by 05/11/2019. Defendant Fact Sheets due by 05/20/2019. Deadline for written discovery requests due by 06/20/2019. Expert disclosures served by plaintiffs due by 08/19/2019. Expert disclosure served by defendants due by 09/18/2019. Expert disclosure served for rebuttal due by 09/25/2019. Deposition deadline and close of discovery due by 10/25/2019. Filing of dispositive motions due by 11/01/2019. Response to dispositive motions due by 11/15/2019. Reply to response to dispositive motions due by 11/22/2019. Filing of Daubert motions due by 11/04/2019. Responses to Daubert motions due by 11/18/2019. Reply to response to Daubert motions due by 11/25/2019. Confidential Documents. Issues related to sealing of confidential documents that the parties are unable to resolve, must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 9/20/2019, and any response is due by 10/03/2019. Any reply is due by 10/10/2019. Venue Recommendations. The parties shall meet and confer concerning the appropriate venue for each of the cases no later than 10/08/2019, the parties are ORDERED to file joint venue recommendations by 10/18/2019. The parties' joint recommendation(s) shall identify cases where venue is in dispute. Signed by Judge Joseph R. Goodwin on 5/1/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2187; Bard Wave 10 cases identified on Exhibits A and B) (st) (ADI) [Transferred from West Virginia Southern on 12/17/2019.]
August 15, 2018 Opinion or Order Filing 72 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) (kab) (ADI) [Transferred from West Virginia Southern on 12/17/2019.]
May 17, 2018 Opinion or Order Filing 71 INACTIVE DOCKET ORDER: The court has been advised that the plaintiff(s) and C. R. Bard have reached a settlement with regard to Bard. All discovery deadlines are continued until further order of the court. Plaintiff(s) and Bard may submit an agreed order of dismissal with prejudice on or before 8/31/2018; 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. Counsel for plaintiffs and defendant(s) are directed to provide quarterly reports as to their progress in dismissing cases on the inactive docket. This Order is related to the Proposed Inactive Docket Order filed at ECF No. 5794 in MDL Case No. 2187 Bard. Signed by Judge Joseph R. Goodwin on 5/17/2018. (cc: counsel of record; any unrepresented party) (lca) (ADI) [Transferred from West Virginia Southern on 12/17/2019.]
February 7, 2018 Opinion or Order Filing 70 MEMORANDUM OPINION AND ORDER The Motion filed at ECF No. 2153 in MDL 2187 by C. R. Bard, Inc. for Reconsideration of a Limited Portion of the ECF No. 5122 Memorandum Opinion and Order (Daubert Motion re: Peter L. Rosenblatt, M.D.) is DENIED, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 2/7/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2187; Bard Wave 4 and Wave 5 cases identified in the Exhibit attached) (mmw) [Transferred from West Virginia Southern on 12/17/2019.]
January 31, 2018 Opinion or Order Filing 69 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Robert H. Young, M.D.) The NOTICE of Adoption of Prior Daubert Motion of Robert H. Young, M.D. for Waves 4 and 5 Cases filed at ECF No. 4554 in MDL 2187 by Certain Plaintiffs is GRANTED in part and DENIED in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 1/31/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2187; Bard Wave 4 and Wave 5 cases identified in the Exhibit attached) (brn) [Transferred from West Virginia Southern on 12/17/2019.]
January 29, 2018 Opinion or Order Filing 68 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Peter L. Rosenblatt, M.D.) The NOTICE of Adoption of Prior Daubert Motion of Peter Rosenblatt, M.D. for Waves 4 and 5 Cases filed at ECF No. 4548 in MDL 2187 by Certain Plaintiffs is GRANTED in part, DENIED in part, and RESERVED in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 1/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2187; Bard Wave 4 and Wave 5 cases identified in the Exhibit attached) (kab) [Transferred from West Virginia Southern on 12/17/2019.]
January 29, 2018 Opinion or Order Filing 67 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Sharon Mount, M.D.) The NOTICE of Adoption of Prior Daubert Motion of Sharon Mount, M.D. for Waves 4 and 5 Cases filed at ECF No. 4546 in MDL 2187 by Certain Plaintiffs is GRANTED in part, DENIED in part, and DENIED as moot in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 1/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2187; Bard Wave 4 and Wave 5 cases identified in the Exhibit attached) (rec) [Transferred from West Virginia Southern on 12/17/2019.]
January 29, 2018 Opinion or Order Filing 66 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Matthew Clark, M.D.) The NOTICE of Adoption of Prior Daubert Motion of Matthew Clark, M.D. for Waves 4 and 5 Cases filed at ECF No. 4540 in MDL 2187 by Certain Plaintiffs is GRANTED in part, DENIED in part, and RESERVED in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 1/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2187; Bard Wave 4 and Wave 5 cases identified in the Exhibit attached) (st) [Transferred from West Virginia Southern on 12/17/2019.]
January 23, 2018 Opinion or Order Filing 65 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Bruce Rosenzweig, M.D.) The NOTICE of Adoption of Motion to Exclude or Limit Certain Opinions and Testimony of Dr. Bruce Rosenzweig, M.D. in Wave 4 and Wave 5 Cases filed at ECF No. 4576 in MDL 2187 by C. R. Bard, Inc. is GRANTED in part, DENIED in part, and RESERVED in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 1/23/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2187; Bard Wave 4 and Wave 5 cases identified in Exhibit A) (kab) [Transferred from West Virginia Southern on 12/17/2019.]
January 23, 2018 Opinion or Order Filing 64 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Anthony B. Brennan, Ph.D.) The NOTICE of Adoption of Motion to Exclude or Limit Certain Opinions and Testimony of Anthony B. Brennan, Ph.D. in Wave 4 and Wave 5 Cases filed at ECF No. 4565 in MDL 2187 by C. R. Bard, Inc. is GRANTED in part and DENIED is part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 1/23/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2187; Bard Wave 4 and Wave 5 cases identified in Exhibit A) (st) [Transferred from West Virginia Southern on 12/17/2019.]
January 23, 2018 Opinion or Order Filing 63 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Bernd Klosterhalfen, M.D.) The NOTICE of Adoption of Motion to Exclude the Opinions and Testimony of Bernd Klosterhalfen, M.D. in Wave 4 and Wave 5 Cases filed at ECF. No 4572 in MDL 2187 by C. R. Bard, Inc. is GRANTED in part and DENIED in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 1/23/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2187; Bard Wave 4 and Wave 5 cases identified in Exhibit A) (brn)[Transferred from West Virginia Southern on 12/17/2019.]
January 23, 2018 Opinion or Order Filing 62 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Ahmed El-Ghannam, Ph.D.) The NOTICE of Adoption of Motion to Exclude or Limit Certain Opinions and Testimony by Ahmed El-Ghannam, Ph.D., in Wave 4 and Wave 5 Cases filed at ECF No. 4567 in MDL 2187 by C. R. Bard, Inc. is DENIED, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 1/23/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2187; Bard Wave 4 and Wave 5 cases identified in Exhibit A) (mek) [Transferred from West Virginia Southern on 12/17/2019.]
January 23, 2018 Opinion or Order Filing 61 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Marta Villarraga, Ph.D.) The NOTICE of Adoption of Prior Daubert Motion of Marta Villarraga, Ph.D. for Waves 4 and 5 Cases filed at ECF No. 4553 in MDL 2187 by Certain Plaintiffs is GRANTED in part and DENIED is part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 1/23/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2187; Bard Wave 4 and Wave 5 cases identified in Exhibit 1) (kp) [Transferred from West Virginia Southern on 12/17/2019.]
January 23, 2018 Opinion or Order Filing 60 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Charbel Salamon, M.D.) The GENERAL MOTION by Certain Plaintiffs to Exclude Certain Opinions and Testimony of Charbel Salamon, M.D. filed at ECF No. 4573 in MDL 2187 is GRANTED in part, DENIED is part, and RESERVED in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 1/23/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2187; Bard Wave 4 and Wave 5 cases identified in Exhibit A) (rmc) [Transferred from West Virginia Southern on 12/17/2019.]
January 23, 2018 Opinion or Order Filing 59 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Donna-Bea Tillman, Ph.D., M/P.A., FRAPS) The NOTICE of Adoption of Prior Daubert Motion of Donna Bea Tillman, PH.D., M/P.A., FRAPS for Waves 4 and 5 Cases by Certain Plaintiffs filed at ECF No. 4549 in MDL 2187 is GRANTED, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 1/23/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2187; Bard Wave 4 and Wave 5 cases identified in Exhibit 1) (kab) [Transferred from West Virginia Southern on 12/17/2019.]
January 23, 2018 Opinion or Order Filing 58 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Maureen Reitman, Sc.D.) The NOTICE of Adoption of Prior Daubert Motion of Maureen T.F. Reitman, M.D. for Waves 4 and 5 Cases by Certain Plaintiffs filed at ECF No. 4547 in MDL 2187 is DENIED, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 1/23/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2187; Bard Wave 4 and Wave 5 cases identified in Exhibit 1) (brn) [Transferred from West Virginia Southern on 12/17/2019.]
January 23, 2018 Opinion or Order Filing 57 MEMORANDUM OPINION AND ORDER (Daubert Motion re: James Anderson, Ph.D., M.D.) The NOTICE of Adoption of Prior Daubert Motion of James Anderson, Ph.D. for Waves 4 and 5 Cases by Certain Plaintiffs filed at ECF No. 4538 in MDL 2187 is GRANTED in part, DENIED in part and DENIED as moot in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 1/23/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2187; Bard Wave 4 and Wave 5 cases identified in Exhibit 1) (kp) [Transferred from West Virginia Southern on 12/17/2019.]
January 10, 2018 Filing 56 LIST OF INTENDED GENERAL CAUSATION EXPERTS filed by C. R. Bard, Inc. (Alexander, Eric) [Transferred from West Virginia Southern on 12/17/2019.]
January 9, 2018 Filing 55 LIST OF INTENDED GENERAL CAUSATION EXPERTS filed by Carolyn D. Cuffee, Donald Cuffee. (Gross, Rachel) (Modified on 1/10/2018 to convert event to C. R. Bard, Inc. - Intended General Causation Experts) (kp). [Transferred from West Virginia Southern on 12/17/2019.]
January 4, 2018 Opinion or Order Filing 54 PRETRIAL ORDER # 271 (Order Amending PTO # 270 Directing Parties to File List of Their Intended General Causation Experts) amending PTO # 270 so that it no longer includes the Wave 6 cases in the 1/10/2018 filing deadline; all other provisions of PTO #270 remain in full force and effect; directing each plaintiff and defendant in active cases pending in Waves 4, or 5 to identify the general causation experts each party intends to proffer by filing with the court a list of such experts by 1/10/2018; the parties are to file such list in each individual case and NOT in the main MDL. Signed by Judge Joseph R. Goodwin on 1/4/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2187; Wave 4, 5, 6 Cases) (rec) [Transferred from West Virginia Southern on 12/17/2019.]
January 3, 2018 Opinion or Order Filing 53 PRETRIAL ORDER # 270 (Order Directing Parties to File List of Their Intended General Causation Experts) directing each plaintiff and defendant in active cases pending in Waves 4, 5, or 6 to identify the general causation experts each party intends to proffer by filing with the court a list of such experts by 1/10/2018; the parties are to file such list in each individual case and NOT in the main MDL. Signed by Judge Joseph R. Goodwin on 1/03/2018. (cc: attys; any unrepresented party) (REF: MDL 2187; Wave 4, 5, 6 Cases)(rmc) [Transferred from West Virginia Southern on 12/17/2019.]
October 19, 2017 Filing 52 REPLY by Carolyn D. Cuffee, Donald Cuffee to #49 Memorandum In Opposition. (Attachment: #1 Exhibits A-D)(Wood, Erin) [Transferred from West Virginia Southern on 12/17/2019.]
October 19, 2017 Filing 51 REPLY by C. R. Bard, Inc. to #47 Memorandum In Opposition. (Moberg, Marilyn) [Transferred from West Virginia Southern on 12/17/2019.]
October 19, 2017 Filing 50 REPLY by C. R. Bard, Inc. to #46 Response In Opposition. (Alexander, Eric) [Transferred from West Virginia Southern on 12/17/2019.]
October 12, 2017 Filing 49 MEMORANDUM OF LAW by C. R. Bard, Inc. in opposition to #43 MOTION by Carolyn D. Cuffee, Donald Cuffee to Exclude Certain Opinions and Testimony of Stephanie Molden, M.D., F.A.C.O.G. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proposed Order)(Geist, Melissa) [Transferred from West Virginia Southern on 12/17/2019.]
October 12, 2017 Filing 48 REPLY MEMORANDUM OF LAW by C. R. Bard, Inc. to #45 Response In Opposition. (Alexander, Eric) [Transferred from West Virginia Southern on 12/17/2019.]
October 11, 2017 Filing 47 MEMORANDUM OF LAW by Carolyn D. Cuffee, Donald Cuffee in opposition to #39 MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony of Dr. Bruce A. Rosenzweig, M.D. (Attachment: #1 Exhibit A)(Gross, Rachel) [Transferred from West Virginia Southern on 12/17/2019.]
October 11, 2017 Filing 46 MEMORANDUM OF LAW by Carolyn D. Cuffee, Donald Cuffee in opposition to #41 MOTION by C. R. Bard, Inc. to Exclude the Opinions of Ie-Ming Shih, M.D., Ph.D. (Attachment: #1 Exhibits A-B)(Wood, Erin) (Modified on 10/11/2017 to remove link to #42 memorandum) (kp). [Transferred from West Virginia Southern on 12/17/2019.]
October 5, 2017 Filing 45 RESPONSE by Carolyn D. Cuffee, Donald Cuffee in opposition to #36 MOTION by C. R. Bard, Inc. for Summary Judgment (Attachments: #1 Exhibits A thru G, #2 Exhibits H thru U) (Wood, Erin) (Modified on 10/6/2017 to remove link to #37 memorandum) (kp). [Transferred from West Virginia Southern on 12/17/2019.]
September 28, 2017 Filing 44 MEMORANDUM OF LAW by Carolyn D. Cuffee, Donald Cuffee in support of #43 MOTION by Carolyn D. Cuffee, Donald Cuffee to Exclude Certain Opinions and Testimony of Stephanie Molden, M.D., F.A.C.O.G. (Wood, Erin) [Transferred from West Virginia Southern on 12/17/2019.]
September 28, 2017 Filing 43 MOTION by Carolyn D. Cuffee, Donald Cuffee to Exclude Certain Opinions and Testimony of Stephanie Molden, M.D., F.A.C.O.G. (Attachment: #1 Exhibits A through E) (Wood, Erin) [Transferred from West Virginia Southern on 12/17/2019.]
September 28, 2017 Filing 42 MEMORANDUM OF LAW by C. R. Bard, Inc. in support of #41 MOTION by C. R. Bard, Inc. to Exclude the Opinions of Ie-Ming Shih, M.D., Ph.D. (Alexander, Eric) [Transferred from West Virginia Southern on 12/17/2019.]
September 28, 2017 Filing 41 MOTION by C. R. Bard, Inc. to Exclude the Opinions of Ie-Ming Shih, M.D., Ph.D. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Alexander, Eric) [Transferred from West Virginia Southern on 12/17/2019.]
September 28, 2017 Filing 40 MEMORANDUM OF LAW by C. R. Bard, Inc. in support of #39 MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony of Dr. Bruce A. Rosenzweig, M.D. (Moberg, Marilyn) [Transferred from West Virginia Southern on 12/17/2019.]
September 28, 2017 Filing 39 MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony of Dr. Bruce A. Rosenzweig, M.D. (Attachment: #1 Exhibits A-C)(Moberg, Marilyn) [Transferred from West Virginia Southern on 12/17/2019.]
September 25, 2017 Opinion or Order Filing 38 MEMORANDUM OPINION AND ORDER granting #29 MOTION by Carolyn D. Cuffee, Donald Cuffee for Leave to Serve Plaintiffs' Supplemental Report of Dr. Bruce Rosenzweig, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 9/25/2017. (cc: counsel of record; any unrepresented party) (brn) [Transferred from West Virginia Southern on 12/17/2019.]
September 21, 2017 Filing 37 MEMORANDUM OF LAW by C. R. Bard, Inc. in support of #36 MOTION by C. R. Bard, Inc. for Summary Judgment (Alexander, Eric) [Transferred from West Virginia Southern on 12/17/2019.]
September 21, 2017 Filing 36 MOTION by C. R. Bard, Inc. for Summary Judgment (Attachments: #1 Exhibits A-H, #2 Exhibit I)(Alexander, Eric) [Transferred from West Virginia Southern on 12/17/2019.]
September 20, 2017 Opinion or Order Filing 35 PRETRIAL ORDER #263 (Sixth Amended Docket Control Order - Wave 4 Cases, Third Amended Docket Control Order - Wave 5 Cases) On 9/8/2017, a Stipulation and Order to Extend Deadlines in Wave 4 and 5 Cases was entered in MDL 2187. This Docket Control Order does not change any of the deadlines stipulated in the Order, but rather allows those deadlines to be made public as a docket control order on the courts website and to be filed in the designated Wave 4 and Wave 5 cases. The following remaining deadlines shall apply in the Bard Wave 4 and Wave 5 cases: A. Scheduling Deadlines Wave 4. The following deadlines shall apply in the Bard Wave 4 cases. All other deadlines and requirements as set forth in Pretrial Order No. 261 remain in effect for Bard Wave 4 cases: Filing of Dispositive Motions due by 9/21/2017, Response to Dispositive Motions due by 10/05/2017, Reply to Response to Dispositive Motions due by 10/12/2017, Filing of Daubert Motions due by 9/28/2017, Responses to Daubert Motions due by 10/12/2017, and Reply to Response to Daubert Motions due by 10/19/2017. B. Scheduling Deadlines Wave 5. The following deadlines shall apply in the Bard Wave 5 cases. All other deadlines and requirements as set forth in Pretrial Order No. 262 remain in effect for Bard Wave 5 cases: Filing of Dispositive Motions due by 9/22/2017, Response to Dispositive Motions due by 10/06/2017, Reply to Response to Dispositive Motions due by 10/13/2017, Filing of Daubert Motions due by 9/29/2017, Responses to Daubert Motions due by 10/13/2017, and Reply to Response to Daubert Motions due by 10/20/2017. Signed by Judge Joseph R. Goodwin on 9/20/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2187; Wave 4 and 5 Cases) (st) [Transferred from West Virginia Southern on 12/17/2019.]
September 1, 2017 Opinion or Order Filing 34 PRETRIAL ORDER # 261 (Fifth Amended Docket Control Order Wave 4 Cases) This Docket Control Order does not change any of the stipulated deadlines contained in the Order filed at ECF No. 4460 in MDL 2187, but rather allows the deadlines to show as a docket control order on the court's website and to be filed in the designated Wave 4 cases. The following remaining deadlines shall apply in the Bard Wave 4 cases: Deposition deadline and close of discovery including corporate discovery due by 08/11/2017, filing of Dispositive Motions due by 09/11/2017, response to Dispositive Motions due by 09/25/2017, reply to response to dispositive motions due by 10/02//2017, filing of Daubert motions due by 09/18/2017, responses to Daubert motions due by 10/02//2017, and reply to response to Daubert motions due by 10/09/2017. 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: A consolidated motion to seal is due on or before 7/14/2017, any response is due 7/26/2017 and any reply is due 8/2/2017. Venue Recommendations: By no later than 8/11/2017, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall file joint venue recommendations in MDL 2187 by 8/21/2017. Signed by Judge Joseph R. Goodwin on 9/1/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2187; Wave 4 Cases) (cl) [Transferred from West Virginia Southern on 12/17/2019.]
August 25, 2017 Filing 33 STIPULATION CONCERNING DISCLOSURE OF EXPERT WITNESSES by C. R. Bard, Inc., Donald Cuffee, Carolyn D. Cuffee (Cohen, Lori) (Modified on 8/27/2017 to add party filers) (kp). [Transferred from West Virginia Southern on 12/17/2019.]
August 23, 2017 Opinion or Order Filing 32 ORDER on Motion filed in MDL 2187: granting MOTION by Leslie C. MacLean, Sara E. Coopwood, Rachel A. Gross, Erin M. Wood, Gibbs C. Henderson and Waters & Kraus, L.L.P. for Change of Address in this MDL and in each individual member cause in which they are associated. The Clerk is DIRECTED to update the firm address, as set forth in the Motion, both on the main master docket and for each individual member case in MDL 2187 with which Leslie C. MacLean, Sara E. Coopwood, Rachel A. Gross, Erin M. Wood and/or Gibbs C. Henderson are associated. Signed by Judge Joseph R. Goodwin on 08/23/2017. (cc: attys; any unrepresented party) (rec) [Transferred from West Virginia Southern on 12/17/2019.]
August 22, 2017 Filing 31 REPLY by Carolyn D. Cuffee, Donald Cuffee to #30 Response In Opposition. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Wood, Erin) [Transferred from West Virginia Southern on 12/17/2019.]
August 16, 2017 Filing 30 OPPOSITION by C. R. Bard, Inc. to #29 MOTION by Carolyn D. Cuffee, Donald Cuffee for Leave to Serve Plaintiffs' Supplemental Report of Dr. Bruce Rosenzweig (Attachment: #1 Exhibits A-E)(Hibbert, Kelly) [Transferred from West Virginia Southern on 12/17/2019.]
August 2, 2017 Filing 29 MOTION by Carolyn D. Cuffee, Donald Cuffee for Leave to Serve Plaintiffs' Supplemental Report of Dr. Bruce Rosenzweig with proposed document attached (Attachments: #1 Attachment 1, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Proposed Order) (Wood, Erin) [Transferred from West Virginia Southern on 12/17/2019.]
July 13, 2017 Opinion or Order Filing 28 PRETRIAL ORDER # 259 (Fourth Amended Docket Control Order - Wave 4 Cases) denying as moot Motion for Extension of Time to Complete Discovery filed in MDL 2187. The Motion for Extension of Time to Complete Discovery filed in MDL 2187 is GRANTED in part as to the proposed changes in the remaining deadlines for Wave 4 and regarding the sixteen experts whose depositions the parties anticipate completing in August. The Amended Motion is DENIED as to Dr. Ostergard. The court is unwilling to provide an open-ended extension for Dr. Ostergard and expects the parties to complete Dr. Ostergard's deposition in August or seek leave of court if that cannot be accomplished. Scheduling Deadlines. The following deadlines apply in the Bard Wave 4 cases: Deposition deadline and close of discovery including corporate discovery due by 8/11/2017, Filing of Dispositive Motions due by 8/30/2017, Response to Dispositive Motions due by 9/13/2017, Reply to response to dispositive motions due by 9/20/2017, Filing of Daubert motions due by 9/06/2017, Responses to Daubert motions due by 9/20/2017, Reply to response to Daubert motions due by 9/27/2017. 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: A consolidated motion to seal is due on or before 7/14/2017, any response is due 7/26/2017 and any reply is due 8/02/2017. Venue Recommendations. By no later than 8/11/2017, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall file joint venue recommendations in MDL 2187 by 8/21/2017. Signed by Judge Joseph R. Goodwin on 7/13/2017. (cc: Clerk of the JPMDL; attys) (REF: ALL CASES) (brn) [Transferred from West Virginia Southern on 12/17/2019.]
July 10, 2017 Filing 27 NOTICE OF VIDEOTAPED DEPOSITION by Carolyn D. Cuffee, Donald Cuffee of Dr. Stephanie Molden on July 19 & 20, 2017 at 9:00 a.m. (EDT) (Gross, Rachel) [Transferred from West Virginia Southern on 12/17/2019.]
July 7, 2017 Filing 26 NOTICE OF VIDEOTAPED DEPOSITION by Carolyn D. Cuffee, Donald Cuffee of Dr. James Anderson on July 13, 2017 at 12:00 p.m. (EDT) (Gross, Rachel) [Transferred from West Virginia Southern on 12/17/2019.]
July 7, 2017 Filing 25 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Marilyn Ann Moberg on behalf of C. R. Bard, Inc.. (Moberg, Marilyn) [Transferred from West Virginia Southern on 12/17/2019.]
June 20, 2017 Filing 24 FIRST AMENDED NOTICE OF VIDEO DEPOSITION by Carolyn D. Cuffee, Donald Cuffee of Dr. William Rand, III on June 29, 2017 at 9:00 a.m. (EDT) (Wood, Erin) [Transferred from West Virginia Southern on 12/17/2019.]
June 15, 2017 Filing 23 PLAINTIFF FACT SHEET filed by Carolyn D. Cuffee, Donald Cuffee. (MacLean, Leslie) [Transferred from West Virginia Southern on 12/17/2019.]
June 14, 2017 Filing 22 PLAINTIFF PROFILE FORM filed by Carolyn D. Cuffee, Donald Cuffee. (MacLean, Leslie) [Transferred from West Virginia Southern on 12/17/2019.]
June 12, 2017 Filing 21 RULE 45 NOTICE of Subpoena Duces Tecum for Deposition of Non-Party Treating Physician by Carolyn D. Cuffee, Donald Cuffee (Wood, Erin) [Transferred from West Virginia Southern on 12/17/2019.]
May 13, 2017 NOTICE OF DOCKET CORRECTION re: #20 Certificate of Service by Carolyn D. Cuffee, Donald Cuffee for Designation and Disclosure of General and Case-Specific Expert Witnesses. ERROR: Disclosures filed as attachment #1. CORRECTION: Disclosures removed and certificate of service retained. (skh) [Transferred from West Virginia Southern on 12/17/2019.]
May 12, 2017 Filing 20 CERTIFICATE OF SERVICE by Carolyn D. Cuffee, Donald Cuffee for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Wood, Erin)(Modified on 5/13/2017 to remove disclosures filed as attachment #1 and to retain certificate of service) (skh). [Transferred from West Virginia Southern on 12/17/2019.]
May 2, 2017 Opinion or Order Filing 19 ORDER The court DENIES #16 MOTION by Carolyn D. Cuffee, Donald Cuffee in Limine to Preclude Excessive Deposition Questioning on Sexual Topics and for Emergency Hearing as moot. Signed by Magistrate Judge Cheryl A. Eifert on 5/2/2017. (cc: counsel of record) (mek) [Transferred from West Virginia Southern on 12/17/2019.]
May 1, 2017 Filing 18 NOTICE OF WITHDRAWAL by Carolyn D. Cuffee, Donald Cuffee of #16 MOTION by Carolyn D. Cuffee, Donald Cuffee in Limine to Preclude Excessive Deposition Questioning on Sexual Topics and for Emergency Hearing (Wood, Erin) [Transferred from West Virginia Southern on 12/17/2019.]
April 28, 2017 Filing 17 STIPULATION REGARDING DEPOSITION QUESTIONING by Carolyn D. Cuffee, Donald Cuffee, C. R. Bard, Inc. (Wood, Erin) (Modified on 4/29/2017 to add party filer) (skh). [Transferred from West Virginia Southern on 12/17/2019.]
April 17, 2017 Filing 16 MOTION by Carolyn D. Cuffee, Donald Cuffee in Limine to Preclude Excessive Deposition Questioning on Sexual Topics and for Emergency Hearing (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Wood, Erin). [Transferred from West Virginia Southern on 12/17/2019.]
April 17, 2017 MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: #16 MOTION by Carolyn D. Cuffee, Donald Cuffee in Limine to Preclude Excessive Deposition Questioning on Sexual Topics and for Emergency Hearing (skh) [Transferred from West Virginia Southern on 12/17/2019.]
April 10, 2017 Filing 15 NOTICE OF VIDEO DEPOSITION by Carolyn D. Cuffee, Donald Cuffee of Dr. Larry Kagan on April 26, 2017 at 9:00 a.m. (EDT) (Wood, Erin) [Transferred from West Virginia Southern on 12/17/2019.]
April 3, 2017 Filing 14 NOTICE OF VIDEO DEPOSITION by Carolyn D. Cuffee, Donald Cuffee of Dr. Jon Crockford on June 9, 2017 at 9:00 a.m. (EDT) (Wood, Erin) [Transferred from West Virginia Southern on 12/17/2019.]
March 22, 2017 Filing 13 CROSS NOTICE OF DEPOSITION by Carolyn D. Cuffee, Donald Cuffee of Donald Cuffee on April 21, 2017 at 12:00 p.m. (EDT). (Wood, Erin) [Transferred from West Virginia Southern on 12/17/2019.]
March 22, 2017 Filing 12 CROSS NOTICE OF DEPOSITION by Carolyn D. Cuffee, Donald Cuffee of Carolyn D. Cuffee on April 21, 2017 at 9:00 a.m. (EDT). (Wood, Erin) [Transferred from West Virginia Southern on 12/17/2019.]
March 7, 2017 Filing 11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kelly H. Hibbert on behalf of C. R. Bard, Inc.. (Hibbert, Kelly) [Transferred from West Virginia Southern on 12/17/2019.]
March 3, 2017 Opinion or Order Filing 10 PRETRIAL ORDER # 243 (Third Amended Docket Control Order - Wave 4 Cases) clarifying case number 2:14-cv-06478 on Exhibit A of Pretrial Order # 236 - the plaintiff in that case, Pamela Wright, is incorrectly referred to on Exhibit A as "Brenda Wright" (another Bard MDL plaintiff, civil action number 2:13-cv-25002); the case of Pamela Wright, et al. v. C. R. Bard, Inc., 2:14-cv-06478, is a Bard Wave 4 case; the case of Brenda Wright, et al., v. C. R. Bard, Inc., et al., 2:13-cv-25002, is not. Signed by Judge Joseph R. Goodwin on 3/3/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2187; Wave 4 cases) (mmw) [Transferred from West Virginia Southern on 12/17/2019.]
March 2, 2017 Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Eric L. Alexander on behalf of C. R. Bard, Inc.. (Alexander, Eric) [Transferred from West Virginia Southern on 12/17/2019.]
March 1, 2017 Filing 8 NOTICE OF ATTORNEY APPEARANCE by Erin M. Wood on behalf of Carolyn D. Cuffee, Donald Cuffee. (Wood, Erin) [Transferred from West Virginia Southern on 12/17/2019.]
January 27, 2017 Opinion or Order Filing 7 PRETRIAL ORDER # 236 (Docket Control Order Wave 4 Cases) The cases, attached as Exhibit A, will be known as the Bard Wave 4 cases, and the following deadlines apply: Scheduling Deadlines: Plaintiff Fact Sheets due by 02/27/2017, Defendant Fact Sheets due by 03/27/2017, Deadline for written discovery requests due by 05/29/2017, Expert disclosure by plaintiffs due by 05/12/2017, Expert disclosure by defendants due by 06/12/2017, Expert disclosure for rebuttal purposes due by 06/27/2017, Deposition deadline and close of discovery including corporate discovery due by 07/11/2017, Filing of Dispositive Motions due by 07/31/2017, Response to Dispositive Motions due by 08/14/2017, Reply to response to dispositive motions due by 08/21/2017, Filing of Daubert motions due by 08/08/2017; Responses to Daubert motions due by 08/22/2017, and Reply to response to Daubert motions due by 08/29/2017. 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 courts attention in a consolidated manner as follows: A consolidated motion to seal is due on or before 06/15/2017, any response is due 06/29/2017 and any reply is due 07/6/2017.Venue Recommendations: The parties shall meet and confer concerning the appropriate venue for each of the cases no later than 05/12/2017 and the parties shall file joint venue recommendations in MDL 2187 05/22/2017. Signed by Judge Joseph R. Goodwin on 1/27/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2187; Bard Wave 4 Cases) (jk) [Transferred from West Virginia Southern on 12/17/2019.]
January 22, 2016 Opinion or Order Filing 6 ORDER granting MOTION by Waters & Kraus, LLP for Substitution of Leslie C. MacLean and Withdrawal of Kyla G. Cole as Counsel filed in MDL No. 2187. The Clerk is DIRECTED to terminate Kyla G. Cole as counsel for plaintiffs and to substitute Leslie C. MacLean as counsel of record, both on the main master docket and for each individual member case in MDL 2187 with which Kyla G. Cole is associated. Signed by Judge Joseph R. Goodwin on 1/22/2016. (cc: attys; any unrepresented party) (mmw) [Transferred from West Virginia Southern on 12/17/2019.]
March 12, 2014 Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Melissa Foster Bird on behalf of C. R. Bard, Inc. (Bird, Melissa) [Transferred from West Virginia Southern on 12/17/2019.]
February 26, 2014 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 12/17/2019.]
February 5, 2014 Filing 3 WAIVER OF SERVICE EXECUTED. Waiver signed by Richard B. North, Jr. on 1/31/14. C. R. Bard, Inc. waiver mailed on 1/21/2014, answer due 3/24/2014. (North, Richard) [Transferred from West Virginia Southern on 12/17/2019.]
January 27, 2014 Filing 2 TRANSMITTED PRETRIAL ORDER # 104 (Order Cancelling February 6, 2014, Status Conference) entered on 01/24/2014 in MDL 2187 to attorneys in member case. (cbo) [Transferred from West Virginia Southern on 12/17/2019.]
January 16, 2014 Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2909988. (Attachments: #1 Civil Cover Sheet, #2 Notice of Service Under Delayed Filing Agreement) (bsb) [Transferred from West Virginia Southern on 12/17/2019.]

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Search for this case: Cuffee et al v. C. R. Bard, Inc.
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Plaintiff: Donald Cuffee
Represented By: Leslie C. MacLean
Represented By: Rachel A. Gross
Represented By: Kyla Cole
Represented By: Erin M. Wood
Represented By: Peter Andrew Kraus
Represented By: Jonathan A. George
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Plaintiff: Carolyn D. Cuffee
Represented By: Leslie C. MacLean
Represented By: Rachel A. Gross
Represented By: Kyla Cole
Represented By: Erin M. Wood
Represented By: Peter Andrew Kraus
Represented By: Jonathan A. George
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Defendant: C. R. Bard Inc.
Represented By: Michael K. Brown
Represented By: Alexis Anne Rochlin
Represented By: Lori G. Cohen
Represented By: Melissa A. Geist
Represented By: Richard B. North, Jr.
Represented By: Eric L. Alexander
Represented By: Melissa Foster Bird
Represented By: Kelly H. Hibbert
Represented By: Marilyn Ann Moberg
Represented By: Brent Ryan Gary
Represented By: Justin Michael Sizemore
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