In re: Cook Medical, Inc., Pelvic Repair System Products Liability Litigation
Plaintiff: Elois Coruthers (WVSD CA 2:12-0418), Lawana Hart (WVSD CA 2:12-2983), Clarlinda Landers (WVSD CA 2:12-3618), Wanda Raines (WVSD CA 2:12-4178), Wanda D. Raines (WVSD CA 2:12-4178), Patricia A. Morgan (WVSD CA 2:12-7016), Frances Hogan (WVSD CA 2:13-0836), Robert Hogan (WVSD CA 2:13-0836), Julie Green (WVSD CA 2:13-2644), Larry Green (WVSD CA 2:13-2644), Cindy Weirback (WVSD CA 2:13-2646), Miriam A. Hutchens (WVSD CA 2:13-4306), Angela M. Ward (WVSD CA 2:13-05734), Rebecca Fenton (WVSD CA 2:13-7331), Sandra K. Hicks (WVSD CA 2:13-7607), Harrison Hicks (WVSD CA 2:13-7607), Cora Lawson (WVSD CA 2:13-10877), Billie Jo Bowman (WVSD CA 2:13-13977), Linda Pickard (WVSD CA 2:13-14095), Michael Pickard (WVSD CA 2:13-14095), Elena Myers (WVSD CA 2:13-14150), Chris Myers (WVSD CA 2:13-14150), Patricia Heiser (WVSD CA 2:13-14223), Janice Flannagan (WVSD CA 2:13-14231), Jeffrey Flannagan (WVSD CA 2:13-14231), Brenda L. Smith (WVSD CA 2:13-14251), Michael Smith (WVSD CA 2:13-14251), Deborah G. Nolin (WVSD CA 2:13-14331), James K. Nolin (WVSD CA 2:13-14331), Debbie Elliot-Mercer (WVSD CA 2:13-14357), Sarah Ruth Dunnington (WVSD CA 2:13-14697), Dennis Barfield (WVSD CA 2:13-14697), Alice J. Johnson (WVSD CA 2:13-14710), Alison J. Johnson (WVSD CA 2:13-14710), Shelia Mansfield (WVSD CA 2:13-14723), Esther J. Zuniga (WVSD CA 2:13-15529), Kathy L. Bartlett (WVSD CA 2:13-15552), Greg Bartlett (WVSD CA 2:13-15552), Sandra White Burroughs (WVSD CA 2:13-15576), Karen Dyson (WVSD CA 2:13-15587), Shirley Barrett (WVSD CA 2:13-15588), Danusia Marie Davis (WVSD CA 2:13-15592), Leslie Dale Schrembeck (WVSD CA 2:13-15599), Julia Fricke (WVSD CA 2:13-15660), Gaylon Fricke (WVSD CA 2:13-15660), Danette Ainsworth (WVSD CA 2:13-15701), Eddy Ainsworth (WVSD CA 2:13-15701), Irene Marie Trujillo (WVSD CA 2:13-15702), Charlene S. May (WVSD CA 2:13-15703), Cheryl Durham (WVSD CA 2:13-15808), Beverly Lynch (WVSD CA 2:13-15817), Willard Lynch (WVSD CA 2:13-15817), Diana L. Brown (WVSD CA 2:13-15819), Cathy Walker (WVSD CA 2:13-15821), Charlotte Dewene Ward (WVSD CA 2:13-15879), Nancy Arleen Montford (WVSD CA 2:13-16079), Margaret Victoria Camac (WVSD CA 2:13-16275), Janet A. Nerren (WVSD CA 2:13-16472), Ammie L. Simmons (WVSD CA 2:13-16912), John Simmons (WVSD CA 2:13-16912), Lisa A. Webb (WVSD CA 2:13-17053), Marion J. Watkins (WVSD CA 2:13-17071), Rosemarie Stormant (WVSD CA 2:13-17086), Harriette T. Reimer (WVSD CA 2:13-17093), Janet A. Nerren (WVSD CA 2:13-17104), Lana Courtney (WVSD CA 2:13-17165), Marilyn Metzger (WVSD CA 2:13-17235), Edward Metzger (WVSD CA 2:13-17235), Shirley Beasley (WVSD CA 2:13-17315), Edward Beasley (WVSD CA 2:13-17315), Billie Hughes (WVSD CA 2:13-17354), Theresa Rogowski (WVSD CA 2:13-17372), Billy Rogowski, Sr. (WVSD CA 2:13-17372), Cheareka Paige (WVSD CA 2:13-17398), Peggy Barnett (WVSD CA 2:13-17400), Sheena Lundy (WVSD CA 2:13-17402), Virginia Stevens (WVSD CA 2:13-17403), Charlotte Thrash-Benson (WVSD CA 2:13-17406), Christine L. Roy (WVSD CA 2:13-17407), Nancy J. Strauss (WVSD CA 2:13-17890), Helen Gaevert (WVSD CA 2:13-18468), Shirleyanne Ashcroft (WVSD CA 2:13-18561), Rosemary Neal (WVSD CA 2:13-18566), Patrick Neal (WVSD CA 2:13-18566), Elaine C. Crockett (WVSD CA 2:13-18647), Todd C. Crockett (WVSD CA 2:13-18647), Pamela Ailey (WVSD CA 2:13-18888), Kathryn Barton (WVSD CA 2:13-18894), William Barton (WVSD CA 2:13-18894), Mary Hovey (WVSD CA 2:13-18900), Debra Beck (WVSD CA 2:13-18958), Joanne Cadwalader (WVSD CA 2:13-18998), Willard Cadwalader (WVSD CA 2:13-18998), Theresa L. Coburn (WVSD CA 2:13-19000), John Coburn (WVSD CA 2:13-19000), Virginia L. Francisco (WVSD CA 2:13-19002), Robert Francisco (WVSD CA 2:13-19002), Karen Rose (WVSD CA 2:13-19003), Claudette B. Kerr (WVSD CA 2:13-19005), William Kerr (WVSD CA 2:13-19005), Heather L. Richards (WVSD CA 2:13-19007), Glennanda N. Vessels (WVSD CA 2:13-19009), Florene Manship (WVSD CA 2:13-19013), Jo Ann Reding (WVSD CA 2:13-19126), George Michael Reding (WVSD CA 2:13-19126), Cherie L. Harper (WVSD CA 2:13-19130), Cherie Harper (WVSD CA 2:13-19130), Victoria Craft (WVSD CA 2:13-19162), Carl Craft (WVSD CA 2:13-19162), Earnestine Fox (WVSD CA 2:13-19263), Pam Dockery (WVSD CA 2:13-19376), Bryan Dockery (WVSD CA 2:13-19376), Patricia Corbitt (WVSD CA 2:13-19535), Lynda Holmes (WVSD CA 2:13-19551), Janice Perkins (WVSD CA 2:13-19553), Patricia Anne Pinette (WVSD CA 2:13-19563), Zena A. Kimbrell (WVSD CA 2:13-19601), Bruce A. Kimbrell (WVSD CA 2:13-19601), Bruce Kimbrell (WVSD CA 2:13-19601), Dorothy Sanders (WVSD CA 2:13-19776), Jeanette Case (WVSD CA 2:13-19794), Richard Case (WVSD CA 2:13-19794), Maxine St. Cyr (WVSD CA 2:13-19812), Geraldine J. Leverett (WVSD CA 2:13-19826), Wiley L. Leverett (WVSD CA 2:13-19826), Theresa Campbell (WVSD CA 2:13-19834), Theresa Ann Campbell (WVSD CA 2:13-19834), Michele Lambert (WVSD CA 2:13-19928), Jeffrey Lambert (WVSD CA 2:13-19928), Stacey A. Fleming (WVSD CA 2:13-19932), Judy A. Enlow (WVSD CA 2:13-19948), Tracy H. Enlow (WVSD CA 2:13-19948), Shirley McKee (WVSD CA 2:13-19970), Wannetta Teachout (WVSD CA 2:13-20027), Wanetta Teachout (WVSD CA 2:13-20027), Anita Dotson (WVSD CA 2:13-20098), Diane Palumbo (WVSD CA 2:13-20106), Dominic Palumbo (WVSD CA 2:13-20106), Chara Leian Janysek (WVSD CA 2:13-20137), Jerrett Lyn Janysek (WVSD CA 2:13-20137), Beverly Baker (WVSD CA 2:13-20197), Tim Baker (WVSD CA 2:13-20197), Melinda Friend (WVSD CA 2:13-20199), Trinity Johnson (WVSD CA 2:13-20205), Christine Renfroe (WVSD CA 2:13-20340), Timothy Scott Renfroe, Sr. (WVSD CA 2:13-20340), Shelethia Baldwin (WVSD CA 2:13-20345), Barbara Elaine Blythe (WVSD CA 2:13-20346), Vera Dors Calkins (WVSD CA 2:13-20348), Sandra Jean Chaney (WVSD CA 2:13-20349), Myrna L. Demarcus (WVSD CA 2:13-20350), Ivon Segura Fuentes (WVSD CA 2:13-20351), Patricia Ruth Gamble (WVSD CA 2:13-20352), Judy Maxine Gower (WVSD CA 2:13-20353), Pamela G. Hampton (WVSD CA 2:13-20354), Alaine Robin Harris (WVSD CA 2:13-20355), Charlene H. Highbaugh (WVSD CA 2:13-20356), Inez Laister (WVSD CA 2:13-20358), Connie Jean Lingo (WVSD CA 2:13-20359), Kimberly C. Martin (WVSD CA 2:13-20360), Tomasa Oropeza (WVSD CA 2:13-20361), Gloria Razo (WVSD CA 2:13-20362), Gloria Elena Razo (WVSD CA 2:13-20362), Wanda Jean Rhodes (WVSD CA 2:13-20363), Nancy Ann Roberts (WVSD CA 2:13-20364), Juana Maria Rogers (WVSD CA 2:13-20365), Deborah A. Rohrer (WVSD CA 2:13-20366), Patricia Ann Santiago (WVSD CA 2:13-20367), Joyce M. Smead (WVSD CA 2:13-20368), Beatrice Elizabeth Vest (WVSD CA 2:13-20369), Toni Maria Watkins (WVSD CA 2:13-20370), Darlene Wright (WVSD CA 2:13-20371), Carol Scott (WVSD CA 2:13-20449), Pamela J. Ailey (WVSD CA 2:13-20496), Sandra S. Roth (WVSD CA 2:13-20497), Terry Roth (WVSD CA 2:13-20497), Frances Hogan (WVSD CA 2:13-20609), Robert Hogan (WVSD CA 2:13-20609), Martha Robinson (WVSD CA 2:13-20610), Carol Gann (WVSD CA 2:13-20698), Donna Howard (WVSD CA 2:13-20738), Josh Howard (WVSD CA 2:13-20738), Pamela G. Rettele (WVSD CA 2:13-20792), David Rettele (WVSD CA 2:13-20792), Chara Janysek (WVSD CA 2:13-20817), Jerrett Janysek (WVSD CA 2:13-20817), Juana Rivera (WVSD CA 2:13-20818), Gomez Rivera (WVSD CA 2:13-20818), Beverly Stevens-Jones (WVSD CA 2:13-20821), Steven Jones (WVSD CA 2:13-20821), Pamela Christian (WVSD CA 2:13-20841), Michael Christian (WVSD CA 2:13-20841), Lisa Compagna (WVSD CA 2:13-20913), Karen Stoner (WVSD CA 2:13-20977), Donna Clark (WVSD CA 2:13-21074), Ola A. Lyons (WVSD CA 2:13-21164), George E. Lyons (WVSD CA 2:13-21164), Mary Sue Hoyle (WVSD CA 2:13-21240), Linda Ralston (WVSD CA 2:13-21242), Terry Ralston (WVSD CA 2:13-21242), Kathy Christian (WVSD CA 2:13-21245), J. C. Christian, Jr. (WVSD CA 2:13-21245), Susan Davis (WVSD CA 2:13-21251), Troy Davis (WVSD CA 2:13-21251), Evelyn Racca (WVSD CA 2:13-21252), Pete Racca (WVSD CA 2:13-21252), Marie Abarr (WVSD CA 2:13-21253), Darlene Rando (WVSD CA 2:13-21254), Matt Rando (WVSD CA 2:13-21254), Elizabeth Smith (WVSD CA 2:13-21255), Michael Smith (WVSD CA 2:13-21255), Donna Winsock (WVSD CA 2:13-21256), Donald Winsock (WVSD CA 2:13-21256), Rita Miller (WVSD CA 2:13-21257), LeRoy Kane, Sr. (WVSD CA 2:13-21257), Christal Cantrell (WVSD CA 2:13-21259), Chris Cantrell (WVSD CA 2:13-21259), Brenda Elaine Kindla (WVSD CA 2:13-21260), Helen Grether (WVSD CA 2:13-21266), Denise Maltzman (WVSD CA 2:13-21266), Lucille Kumpunen (WVSD CA 2:13-21266), Anne Latavitz (WVSD CA 2:13-21286), Delia Perez (WVSD CA 2:13-21287), Noreen Jones (WVSD CA 2:13-21288), Harold Jones (WVSD CA 2:13-21288), Martha Benson (WVSD CA 2:13-21289), Irene Guzman (WVSD CA 2:13-21290), Judith A. Nichols (WVSD CA 2:13-21297), Ronald L. Nichols (WVSD CA 2:13-21297), Carol Johnston (WVSD CA 2:13-21301), Theresa Crain (WVSD CA 2:13-21302), Mary Gallagher (WVSD CA 2:13-21303), Deborah A. Fortschneider (WVSD CA 2:13-21339), Stephen L. Fortschneider (WVSD CA 2:13-21339), Paula Batchelor (WVSD CA 2:13-21552), Jerry Batchelor (WVSD CA 2:13-21552), Tamalita Walker (WVSD CA 2:13-21567), Sally R. Perez (WVSD CA 2:13-21677), Ellen R. Flax (WVSD CA 2:13-21678), Deanne Cameron (WVSD CA 2:13-22015), Cynthia Duncan (WVSD CA 2:13-22388), Michial David Duncan (WVSD CA 2:13-22388), Shirley Raye Howell (WVSD CA 2:13-22443), Fatoumeh Baghvardani (WVSD CA 2:13-22561), Vicky L. Conrad (WVSD CA 2:13-22625), David L. Conrad (WVSD CA 2:13-22625) and Patricia M. Wilburn (WVSD CA 2:13-22720)
Defendant: Covidien LP formerly known as Tyco Healthcare Group LP doing business as Covidien Inc. and Covidien Ltd.
In Re: Cook Medical, Inc., Pelvic Repair System Products Liability Litigation
Interested Party: Lana C. Keeton
Consolidated Plaintiff: Shelia Mansfield (WVSD CA 2:13-14710), Sarah Ruth Dunnington (WVSD CA 2:13-14710) and Dennis Barfield (WVSD CA 2:13-14710)
Case Number: 2:2013md02440
Filed: June 11, 2013
Court: US District Court for the Southern District of West Virginia
Office: Charleston Office
County: Kanawha
Presiding Judge: Joseph R Goodwin
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1331 Fed. Question: Personal Injury
Jury Demanded By: None
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Docket Report

This docket was last retrieved on August 19, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 19, 2022 Opinion or Order Filing 802 PRETRIAL ORDER #92 MEMORANDUM OPINION AND ORDER denying the #800 Objection; directing the distribution as recommended in Judge Stacks modification to the FCCs Final Written Recommendation; further directing the chairman of the FCC to direct the accounting firm holding the fund to distribute the 30% of common benefit monies received that were withheld for purposes of common benefit work and expenses as more fully set forth herein; the court ORDERS that all expenses noted in the External Review Specialists Recommended Allocation of Expenses be dispersed to each firm according to the Total Expense Reimbursement column of the recommendation; the Court ORDERS that the common benefit funds accounting firm, Smith Cochran & Hicks, to disburse those funds according to the External Review Specialists Recommended Allocation of Fees percentages that are listed under the External Review Specialists Recommended Allocation column of the second round recommendation; Smith Cochran & Hicks is further ORDERED to continue to disburse 70% of the common benefit funds received in accordance with my prior order and to disburse 30% of the common benefit funds received in accordance with the External Review Specialists Recommended Allocation of Fees percentages that are listed under the External Review Specialists Recommended Allocation column of the second round recommendation. Signed by Judge Joseph R. Goodwin on 8/19/2022. (cc: attys) (REF: MDL 2440; ALL CASES) (lca)
August 3, 2022 Filing 801 RESPONSE by Common Benefit Fee and Cost Committee in opposition to #800 Objection. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Garrard, Henry)
July 27, 2022 Filing 800 OBJECTION by Kline & Specter, P.C. to #797 Recommended Allocation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Balefsky, Lee)
July 13, 2022 Opinion or Order Filing 799 PRETRIAL ORDER # 91 ORDER SCHEDULING OBJECTIONS PURSUANT TO FEE AND COST PROTOCOL directing the Clerk to file the (1) FCC's Final Written Recommendation, (2) the Recommended Allocation of the External Review Specialist, and (3) supporting materials as one document; all objections of Participating Counsel to the Recommended Allocation are due by 7/27/2022; any response by the FCC are due by 8/10/2022; the FCC is to deliver the materials set forth herein to the court for its in camera inspection and consideration. Signed by Judge Joseph R. Goodwin on 7/13/2022. (cc: attys) (REF: MDL 2440; ALL CASES) (kew)
July 12, 2022 Filing 798 RESPONSE AND STATEMENT by Common Benefit Fee and Cost Committee re: #797 Recommended Allocation. (Garrard, Henry)
July 12, 2022 Filing 797 RECOMMENDED ALLOCATION by Honorable Daniel J. Stack. (Garrard, Henry)
May 18, 2021 Filing 796 MANDATE re: #788 Notice of Appeal to 4CCA in 4CCA Case No. 20-2164. The judgment of this Court, entered 4/26/2021, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (lca)
April 26, 2021 Filing 795 NOTICE OF JUDGMENT as to #788 Notice of Appeal to 4CCA filed by Lana C. Keeton in 4CCA Case Number 20-2164. (lca)
April 26, 2021 Filing 794 4CCA JUDGMENT re: #788 Notice of Appeal to 4CCA in 4CCA Case No. 20-2164. These appeals are dismissed. (lca)
April 26, 2021 Filing 793 4CCA OPINION re: #788 Notice of Appeal to 4CCA in 4CCA Case No. 20-2164. (lca)
November 5, 2020 ASSEMBLED ELECTRONIC RECORD ON APPEAL TRANSMITTED TO 4CCA re: #788 Notice of Appeal to 4CCA in 4CCA Case Number 20-2164. (ts)
November 4, 2020 Filing 792 PARTIAL RECORD REQUEST in 4CCA Case Number 20-2164. (lca)
October 29, 2020 Opinion or Order Filing 791 ORDER OF 4CCA as to #788 Notice of Appeal to 4CCA in 4CCA Case No. 20-2164. The court consolidates case numbers 20-2149, 20-2155, 20-2158, 20-2161, 20-2164, and 20-2170 with lead case 20-2139. (lca)
October 28, 2020 Filing 790 NOTICE OF APPELLATE CASE OPENING BY 4CCA re: #788 Notice of Appeal to 4CCA in 4CCA Case No. 20-7280. Case Manager: Michael Radday. (lca)
October 20, 2020 Filing 789 TRANSMITTAL OF NOTICE OF APPEAL TO 4CCA via APPEAL TRANSMITTAL SHEET re: #788 Notice of Appeal to 4CCA. (lca)
October 20, 2020 Filing 788 NOTICE OF APPEAL by Lana C. Keeton as to #787 Order. (lca)
September 17, 2020 Opinion or Order Filing 787 ORDER denying #786 RULE 60 MOTION/NOTICE OF APPEAL by Lana C. Keeton of Docket Entry #766 and All Related Orders Denying Motion for Recusal of Judge Joseph R. Goodwin, as set forth herein. Signed by Judge Joseph R. Goodwin on 9/17/2020. (cc: counsel of record; any unrepresented party) (kew)
September 11, 2020 Filing 786 RULE 60 MOTION/NOTICE OF APPEAL by Lana C. Keeton of Docket Entry #766 and All Related Orders Denying Motion for Recusal of Judge Joseph R. Goodwin. (kew)
April 24, 2020 Opinion or Order Filing 785 ORDER granting #784 MOTION by Certain Plaintiffs for Entry of Order Substituting Firm to Receive Residual Fees from CB Fund. Signed by Judge Joseph R. Goodwin on 4/24/2020. (cc: attys; any unrepresented party) (kew)
April 23, 2020 Filing 784 MOTION by Certain Plaintiffs for Entry of Order Substituting Firm to Receive Residual Fees from CB Fund (Farrell, Paul)
April 21, 2020 Filing 783 LETTER from Supreme Court of the United States to the 4CCA, dated 4/20/2020, the Supreme Court has entered an Order denying the Writ of Certiorari in 4CCA Case Number 19-1949. (kew)
February 7, 2020 Filing 782 **LETTER from Supreme Court of the United States dated 2/06/2020 notifying the 4CCA that a petition for a writ of certiorari was filed on 2/03/2020 and placed on the docket as No. 19-984. (st)
December 23, 2019 Filing 781 LETTER from 4CCA, dated 12/20/2019, notifying that the 4CCA has received notice from the Supreme Court that a Petition for a Writ of Certiorari has been filed. (kew)
December 12, 2019 Filing 780 NOTICE OF REQUEST TO BE REMOVED FROM THE COURT'S SERVICE LIST by Andrew M. Williamson on behalf of Andrus Wagstaff, PC. (Williamson, Andrew)
November 13, 2019 Filing 779 MANDATE re: #761 Notice of Appeal to the 4CCA, in 4CCA Case No. 19-1949. The judgment of this Court, entered 10/9/2019, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (kew)
November 6, 2019 Opinion or Order Filing 778 MEMORANDUM OPINION AND ORDER (Re: Motion to Set an End Date for Common Benefit Assessments) denying #757 Motion to Set an End Date for Common Benefit Assessments, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 11/6/2019. (cc: counsel of record; any unrepresented party) (kew)
November 5, 2019 Opinion or Order Filing 777 ORDER OF 4CCA denying the petition for rehearing en banc as to #761 Notice of Appeal to the 4CCA, in 4CCA Case No. 19-1949. (st)
October 25, 2019 Opinion or Order Filing 776 ORDER granting the Motion by Lana Varney for Change of Address filed in MDL 2387; the Clerk is directed to update Lana K. Varney's address in MDL Nos. 2187, 2325, 2326, 2327, 2387, 2440 and 2511 and for each individual member case associated with the MDLs in which Lana K. Varney appears. Signed by Judge Joseph R. Goodwin on 10/24/2019. (cc: counsel of record; any unrepresented party) (kew)
October 23, 2019 Filing 775 4CCA NOTICE - STAY OF MANDATE UNDER FRAP 41(d)(1) in 4CCA Case No. 19-1949, dated 10/23/2019. (kew)
October 16, 2019 Filing 774 REPORT AND NOTICE OF COMPLIANCE WITH THE ALLOCATION ORDER AND JUDGMENT ORDER (RE: ALLOCATION ORDER) by Certain Plaintiffs/Smith, Cochran & Hicks (Garrard, Henry)
October 15, 2019 Filing 773 MANDATE re: #750 Notice of Appeal to the 4CCA in 4CCA Case No. 19-1856. The judgment of this Court, entered 9/23/2019, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (kew)
October 9, 2019 Filing 772 NOTICE OF JUDGMENT as to #761 Notice of Appeal to the 4CCA, in 4CCA Case Number 19-1949. (kew)
October 9, 2019 Filing 771 4CCA JUDGMENT re: #761 Notice of Appeal to the 4CCA, in 4CCA Case No. 19-1949. These appeals are dismissed. (kew)
October 9, 2019 Opinion or Order Filing 770 ORDER OF 4CCA as to #761 Notice of Appeal to the 4CCA, in 4CCA Case No. 19-1949. The Court grants the motion to dismiss. (kew)
September 23, 2019 Filing 769 NOTICE OF JUDGMENT as to #750 Notice of Appeal to the 4CCA filed by Anderson Law Offices in 4CCA Case Number 19-1856. (kew)
September 23, 2019 Filing 768 4CCA JUDGMENT re: #750 Notice of Appeal to the 4CCA in 4CCA Case No. 19-1856. This appeal is dismissed. (kew)
September 23, 2019 Opinion or Order Filing 767 ORDER OF 4CCA as to #750 Notice of Appeal to the 4CCA in 4CCA Case No. 19-1856. The Court grants the motions to dismiss and denies the motion for stay pending appeal. (kew)
September 11, 2019 Opinion or Order Filing 766 ORDER denying #760 MOTION by Plaintiff, Lana C. Keeton for Recusal of Judge Joseph R. Goodwin Due to Personal Bias and Prejudice Against Lana C. Keeton and Potential Mishandling of Common Benefit Funds and MEMORANDUM OF LAW. Signed by Judge Joseph R. Goodwin on 9/11/2019. (cc: counsel of record; any unrepresented party) (st)
September 4, 2019 Opinion or Order Filing 765 ORDER OF 4CCA dated 8/30/2019 as to #761 Notice of Appeal to the 4CCA, in 4CCA Case No. 19-1949; the court consolidates Case No. 19-1943 and Case Nos. 19-1944, 19-1945, 19-1947, 19-1948, 19-1949 and 19-1950. (st)
September 3, 2019 Filing 764 RESPONSE by Certain Plaintiffs/Common Benefit Fee and Cost Committee in opposition to #757 MOTION by Certain Plaintiffs/ Kline & Specter to Set an End Date for Common Benefit Assessments (Attachment: #1 Exhibit 1 - Examples of communications between MDL leadership and K&S)(Garrard, Henry)
August 30, 2019 Filing 763 NOTICE OF APPELLATE CASE OPENING BY 4CCA re: #761 Notice of Appeal to the 4CCA, in 4CCA Case No. 19-1949. Case Manager: C. Poulsen. (st)
August 26, 2019 Filing 762 TRANSMITTAL OF NOTICE OF APPEAL TO 4CCA via APPEAL TRANSMITTAL SHEET re: #761 Notice of Appeal to the 4CCA. (ts)
August 23, 2019 Filing 761 NOTICE OF APPEAL WITH FEE PAID by Certain Plaintiffs/Mazie Slater Katz & Freeman re: #737 Memorandum Opinion and Order. Filing Fee $505. Receipt # AWVSDC-7361149. (Slater, Adam) (Modified on 8/25/2019 to add link to #737 memorandum opinion and order)(ts).
August 23, 2019 Filing 760 MOTION by Plaintiff, Lana C. Keeton for Recusal of Judge Joseph R. Goodwin Due to Personal Bias and Prejudice Against Lana C. Keeton and Potential Mishandling of Common Benefit Funds and MEMORANDUM OF LAW. (Attachment: #1 Exhibits 1-2) (ts)
August 23, 2019 Filing 759 MOTION by Douglas B. King, James M. Boyers, Robert J. Simmons, Michele S. Bryant, Matthew M. Adolay, Matthew B. Millis, Lauren E. Dimmitt, John D. Waller, Jere Ann Rosebrock, Gregory J. Freyberger, Daniel D. Trachtman, and Crystal S. Wildeman, Jennifer L. Schuster, Leah B. Silverthorn, Maureen E. Ward, Kip S. McDonald, Justin Andrew Kashman, Erica K. Drew, and Jere Ann Rosebrock to Withdraw as Attorney on behalf of Cook Biotech Inc., Cook Biotech Incorporated, Cook Biotech, Inc., Cook Biotech, Inc., Cook Biotech, Incorporated, Cook Incorporated, Cook Medical Inc., Cook Medical Incorporated, Cook Medical, Inc. (Attachment: #1 Proposed Order)(Rosebrock, Jere)
August 20, 2019 Opinion or Order Filing 758 ORDER OF 4CCA as to #750 Notice of Appeal to the 4CCA in 4CCA Case No. 19-1856 re: consolidation of Case No. 19-1849(L) and Case No. 19-1892. (st)
August 20, 2019 Filing 757 MOTION by Certain Plaintiffs/ Kline & Specter to Set an End Date for Common Benefit Assessments (Attachment: #1 Proposed Order)(Balefsky, Lee)
August 16, 2019 Opinion or Order Filing 756 ORDER denying #747 MOTION by Certain Plaintiffs/Wexler Wallace, LLP for Approval of Qualified Settlement Fund. Signed by Judge Joseph R. Goodwin on 8/16/2019. (cc: attys; any unrepresented party) (st)
August 14, 2019 Filing 755 SUPPLEMENT TO MOTION by Certain Plaintiffs/Wexler Wallace, LLP for Approval of Qualified Settlement Fund re: #747 MOTION for Approval of Qualified Settlement Fund (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Wallace, Edward) (Modified on 8/16/2019 to convert event to response in support) (ts)
August 9, 2019 Opinion or Order Filing 754 ORDER OF 4CCA as to #750 Notice of Appeal to the 4CCA in 4CCA Case No. 19-1856. The court consolidates Case No. 19-1849(L), Case No. 19-1850, Case No. 19-1851, Case No. 19-1853, Case No. 19-1855, Case No. 19-1856, and Case No. 19-1857. Entry of appearance forms and disclosure statements filed by counsel and parties to the lead case are deemed filed in the secondary case. (kew)
August 9, 2019 Filing 753 NOTICE OF APPELLATE CASE OPENING BY 4CCA re: #750 Notice of Appeal to the 4CCA in 4CCA Case No. 19-1856. Case Manager: T. Fischer. (kew)
August 6, 2019 Filing 752 TRANSMITTAL OF NOTICE OF APPEAL TO 4CCA via APPEAL TRANSMITTAL SHEET re: #750 Notice of Appeal to the 4CCA. (ts)
August 6, 2019 Opinion or Order Filing 751 ORDER The Cook Medical Repair Systems Products Liability Litigation, 2:13-md-2440, is closed; all member cases in the Cook MDL have been closed and the MDL has concluded. Signed by Judge Joseph R. Goodwin on 8/6/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (kew)
August 2, 2019 Filing 750 NOTICE OF APPEAL WITH FEE PAID by Anderson Law Offices as to #748 Order, #737 Pretrial Order, #749 Order. Filing Fee $505. Receipt # AWVSDC-7338605. (Flowers, Paul)
August 2, 2019 Opinion or Order Filing 749 ORDER denying #738 MOTION by Anderson Law Offices for Stay of Execution of Judgment; Anderson Law Offices has failed to carry the heavy burden of showing circumstances that justify the issuance of the discretionary stay. Signed by Judge Joseph R. Goodwin on 8/2/2019. (cc: attys; any unrepresented party) (REF: MDL 2440; ALL CASES) (kew)
August 2, 2019 Opinion or Order Filing 748 MEMORANDUM OPINION AND ORDER denying #740 MOTION by Anderson Law Offices to Partially Alter, Amend, or Reconsider Judgment, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 8/2/2019. (cc: attys; any unrepresented party) (REF: MDL 2440; ALL CASES) (kew)
August 2, 2019 Filing 747 MOTION by Certain Plaintiffs/Wexler Wallace, LLP for Approval of Qualified Settlement Fund (Attachment: #1 Proposed Order)(Wallace, Edward)
August 2, 2019 Opinion or Order Filing 746 PRETRIAL ORDER # 90 JUDGMENT ORDER (Re: Allocation Order) It is ORDERED and ADJUDGED that all expenses and MDL assessments noted in the External Review Specialist's "Recommended Allocation of Expenses" be dispersed to each firm according to the "Total Expense and MDL Assessment" column of the recommendation; all of the common benefit money on hand as of 7/25/2019 is to be dispersed according to the External Review Specialist's "Recommended Allocation of Fees" for each firm as listed under the "External Review Specialist's Recommendation Allocation" column of the recommendation; the common benefit fund's accounting firm, Smith Cochran & Hicks, is to disperse 70% of the common benefit money received after 7/25/2019 on a quarterly basis according to the External Review Specialist's "Recommended Allocation of Fees" percentages that are listed under the "External Review Specialist's Recommended Allocation" column of the recommendation; the first quarterly payments shall be made with monies on deposit as of 01/01/2020 and shall be paid by 1/15/2020, and quarterly thereafter; the remaining 30% is to be held in the common benefit fund for a final evaluation of common benefit compensation until a further order of the court. Signed by Judge Joseph R. Goodwin on 8/2/2019. (cc: attys; any unrepresented party) (MDL 2440; ALL CASES) (kew)
August 2, 2019 Filing 745 REPLY by Anderson Law Offices to #744 Response in Opposition. (Flowers, Paul) (Modified on 8/13/2019 to correct link to #744 response in opposition) (ts).
August 1, 2019 Filing 744 RESPONSE by Certain Plaintiffs/Common Benefit Fee and Cost Committee in opposition to #740 MOTION by Anderson Law Offices to Partially Alter, Amend, or Reconsider Judgment. (Garrard, Henry)
August 1, 2019 Filing 743 REPLY by Anderson Law Offices to #742 Response In Opposition. (Flowers, Paul) (Modified on 8/2/2019 to remove link to #738 motion) (kew).
July 31, 2019 Filing 742 RESPONSE by Certain Plaintiffs/Common Benefit Fee and Cost Committee in opposition to #738 MOTION by Anderson Law Offices for Stay of Execution of Judgment (Garrard, Henry)
July 31, 2019 Opinion or Order Filing 741 ORDER re: #740 Motion by Anderson Law Offices to Partially Alter, Amend, or Reconsider Judgment; the Fee and Cost Committee ("FCC") is DIRECTED to respond to the motion by 08/01/2019, at 5:00 p.m.; the movant is DIRECTED to reply to the FCC's response by 08/02/2019, at 12:00 p.m. Signed by Judge Joseph R. Goodwin on 7/31/2019. (cc: attys; any unrepresented party) (kew)
July 30, 2019 Filing 740 MOTION by Anderson Law Offices to Partially Alter, Amend, or Reconsider Judgment re: #737 Pretrial Order # 89 Memorandum Opinion and Order (Flowers, Paul) (Modified on 7/31/2019 to add link to #737 pretrial order) (ts).
July 29, 2019 Opinion or Order Filing 739 ORDER The Fee and Cost Committee ("FCC") is DIRECTED to respond to the #738 MOTION by Anderson Law Offices for Stay of Execution of Judgment by 7/31/2019, at 5:00 p.m.; the movant is DIRECTED to reply to the FCC's response by 08/01/2019, at 5:00 p.m. Signed by Judge Joseph R. Goodwin on 7/29/2019. (cc: attys; any unrepresented party) (kew)
July 26, 2019 Filing 738 MOTION by Anderson Law Offices for Stay of Execution of Judgment (Attachment: #1 Appendix ALO Mtn Stay Exec Apx.)(Flowers, Paul)
July 25, 2019 Opinion or Order Filing 737 PRETRIAL ORDER # 89 MEMORANDUM OPINION AND ORDER (Re: Allocation Order) Pursuant to the Fee and Cost Committee's Final Written Recommendation, with the External Review Specialist's Recommended Allocation for distribution of the common benefit fund, the court INCORPORATES BY REFERENCE the Fee Award Order entered on 1/30/2019 which recommends that a 5% holdback of the plaintiffs' total recoveries was reasonable for compensating plaintiffs' attorneys for common benefit work; the court FINDS the recommended distribution to be fair and reasonable and ADOPTS and INCORPORATES BY REFERENCE the FCC's Final Written Recommendation as submitted, and as adjusted after consideration by the Honorable Daniel J. Stack, Retired, External Review Specialist, pursuant to the protocol agreed to by the parties and ordered by me; each of the objections are OVERRULED and the distribution as recommended in Judge Stack's modification to the FCC's Final Written Recommendation is ORDERED; the chairman of the FCC is to direct the accounting firm holding the fund to distribute monies to pay expenses and MDL assessments according to Judge Stack's "Recommended Allocation of Expenses" and to disperse the remaining money on deposit as of 7/25/2019, according to Judge Stack's "Recommended Allocation of Fees"; the court INCORPORATES BY REFERENCE the Appointment Order entered on 1/15/2016 which "identif[ied] a process and committee" (the FCC) for determining common benefit fund allocations; the court INCORPORATES BY REFERENCE the Protocol Order entered on 6/23/2017 specifying the tasks required of each attorney claimant, set a 12/21/2016 cut-off date for submitting common benefit time and expense records, outlined the procedural steps for making claims, and provided structural steps to guide the FCC's performance of its duties; the one non-lawyer #713 Objection is DENIED and all of the remaining #709 , #710 , #712 , and #715 Objections are DENIED; the court ORDERS that all expenses and MDL assessments noted in the External Review Specialist's "Recommended Allocation of Expenses" be dispersed to each firm according to the "Total Expense and MDL Assessment" column of the recommendation; the court also ORDERS that all of the common benefit money on hand as of 7/25/2019 after subtracting the expenses and assessments mentioned above, be dispersed according to the External Review Specialist's "Recommended Allocation of Fees" for each firm as listed under the "External Review Specialist's Recommendation Allocation" column of the recommendation; for all future common benefit money received after 7/25/2019, the court ORDERS that the common benefit fund's accounting firm, Smith Cochran & Hicks, disperse 70% of the received money on a quarterly basis according to the External Review Specialist's "Recommended Allocation of Fees" percentages that are listed under the "External Review Specialist's Recommended Allocation" column of the recommendation; the first quarterly payments shall be made with monies on deposit as of 1/01/2020 and shall be paid by Smith Cochran & Hicks by 1/15/2020, and quarterly thereafter; finally, the court ORDERS that the remaining 30% be held in the common benefit fund for a final evaluation of common benefit compensation until a further order of the court. Signed by Judge Joseph R. Goodwin on 7/25/2019. (cc: attys; any unrepresented party) (REF: MDL 2387; ALL CASES) (ts)
July 23, 2019 Filing 736 MANDATE re: #697 Notice of Appeal to the 4CCA, in 4CCA Case No. 19-1230. The judgment of this Court, entered 6/14/2019, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (ts)
July 16, 2019 Opinion or Order Filing 735 ORDER OF 4CCA as to #697 Notice of Appeal to the 4CCA in 4CCA Case No. 19-1230 denying the petition for rehearing and rehearing en banc. (ts)
June 28, 2019 Filing 734 4CCA NOTICE - STAY OF MANDATE UNDER FRAP 41(d)(1) in 4CCA Case No. 19-1230, dated 6/28/2019. (ts)
June 14, 2019 Filing 733 NOTICE OF JUDGMENT as to #697 Notice of Appeal to the 4CCA, in 4CCA Case Number 19-1230. (ts)
June 14, 2019 Filing 732 4CCA JUDGMENT re: #697 Notice of Appeal to the 4CCA, in 4CCA Case No. 19-1230. In accordance with the decision of this court, these appeals are dismissed. (ts)
June 14, 2019 Opinion or Order Filing 731 ORDER OF 4CCA granting the Common Benefit Fee and Cost Committee's motions to dismiss re: #697 Notice of Appeal to the 4CCA, in 4CCA Case No. 19-1230. (ts)
May 2, 2019 Filing 730 REPLY by Anderson Law Offices to #729 Response In Opposition. (Flowers, Paul)
April 26, 2019 Filing 729 RESPONSE by Certain Plaintiffs/ Common Benefit Fee and Cost Committee in opposition to #728 MOTION by Anderson Law Offices for Hearing re: #719 Response to Objection to Proposed Findings and Recommendations (Garrard, Henry)
April 22, 2019 Filing 728 MOTION by Anderson Law Offices for Hearing re: #719 Response to Objection to Proposed Findings and Recommendations (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Flowers, Paul)
April 16, 2019 Filing 727 SUR-REPLY by Lana C. Keeton to #719 Omnibus Response by Certain Plaintiffs/ Common Benefit Fee and Cost Committee to the Objections to the Recommended Allocations of the External Review Specialist. (mek)
April 16, 2019 Filing 726 MOTION by Lana C. Keeton for Leave to File a Reply in Support of Objections to the Recommended Allocation of Common Benefit Fees and the Reimbursement of Shared Expenses and Held Costs by the Court Appointed External Review Specialist. (Attachment: #1 Mailing Envelope) (mek)
April 16, 2019 Filing 725 REPLY by Anderson Law Offices to #719 Response to Objection to Proposed Findings and Recommendations. (Flowers, Paul)
April 15, 2019 Filing 724 REPLY by Certain Plaintiffs/ Kline & Specter to #719 Response to Objection to Proposed Findings and Recommendations. (Attachments: #1 Certificate of Service, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Balefsky, Lee)
April 15, 2019 Filing 723 REPLY by Certain Plaintiffs/ Mazie Slater to #719 Response to Objection to Proposed Findings and Recommendations. (Attachment: #1 Declaration of Adam M. Slater, Esq.)(Slater, Adam)
April 12, 2019 Opinion or Order Filing 722 ORDER re: #720 Motion for Leave to File a Reply Brief in Support of Objections to the Recommended Allocation of Common Benefit Fees and the Reimbursement of Shared Expenses and Held Costs by the Court Appointed External Review Specialist and the #721 Motion for Leave to File Twenty Page Reply; both motions are GRANTED to the extent the above parties seek to file a reply and are DENIED as to the request to file 20-page replies; any reply by the parties is limited to 10 pages; the #721 request for 10 days to reply is DENIED; replies are due within seven days of the FCC's Omnibus Response. Signed by Judge Joseph R. Goodwin on 4/12/2019. (cc: attys; any unrepresented party) (REF: MDL 2440; ALL CASES) (kew)
April 10, 2019 Filing 721 MOTION by Anderson Law Offices for Leave to File Anderson Law Office's Motion for Leave to File Twenty Page Reply (Flowers, Paul)
April 9, 2019 Filing 720 MOTION by Certain Plaintiffs/Mazie Slater for Leave to File a Reply Brief in Support of Objections to the Recommended Allocation of Common Benefit Fees and the Reimbursement of Shared Expenses and Held Costs by the Court Appointed External Review Specialist (Slater, Adam)
April 8, 2019 Filing 719 OMNIBUS RESPONSE by Certain Plaintiffs/ Common Benefit Fee and Cost Committee to #709 Objection to Filed Document, #710 Objection to Filed Document, #715 Objection to Filed Document, #712 Objection to Filed Document, #713 Objection to Filed Document (Attachment: #1 Exhibit 1 - New Jersey Common Benefit Order)(Garrard, Henry)
April 3, 2019 Opinion or Order Filing 718 ORDER granting #717 MOTION by All Plaintiffs to Exceed Page Limit for Common Benefit Fee and Cost Committee's Omnibus Response to the Objections to the Recommended Allocations of the External Review Specialist. Signed by Judge Joseph R. Goodwin on 4/3/2019. (cc: attys; any unrepresented party) (REF: MDL 2440, ALL CASES) (kew)
April 3, 2019 Filing 717 MOTION by Certain Plaintiffs/ Common Benefit Fee and Cost Committee to Exceed Page Limit for Omnibus Response to the Objections to the Recommended Allocations of the External Review Specialist (Garrard, Henry)
April 2, 2019 Filing 716 RESPONSE by Anderson Law Offices re: #717 Motion to Exceed. (Flowers, Paul) (Modified on 4/7/2019 to add link to #717 motion)(ts).
April 1, 2019 Filing 715 OBJECTIONS to #703 Final Written Recommendation by Certain Plaintiffs/ Bernstein Liebhard LLP (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hissam, Michael)
April 1, 2019 Opinion or Order Filing 714 ORDER granting #711 MOTION by Anderson Law Offices for Leave to Exceed the Twenty Page Limitation. Signed by Judge Joseph R. Goodwin on 4/1/2019. (cc: attys; any unrepresented party) (kew)
March 27, 2019 Filing 713 OBJECTION pursuant to #702 Pretrial Order by Lana C. Keeton. (kew) (Attachment #1 Envelope) (mek). (Modified on 3/29/2019 to add attachment 1) (Modified on 4/10/2019 to add page 4) (mek).
March 26, 2019 Filing 712 OBJECTIONS to #703 Final Written Recommendation by Anderson Law Offices (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Flowers, Paul) (Modified on 4/1/2019 to correct link to #703 final recommendation) (ts).
March 26, 2019 Filing 711 MOTION by Anderson Law Offices for Leave to Exceed the Twenty Page Limitation (Flowers, Paul)
March 26, 2019 Filing 710 OBJECTIONS to #703 Final Written Recommendation by Certain Plaintiffs/ Mazie Slater (Attachments: #1 Declaration of Adam M. Slater, Esq., #2 Declaration of David A. Mazie, Esq.)(Slater, Adam)
March 26, 2019 Filing 709 OBJECTIONS to #703 Final Written Recommendation by Certain Plaintiffs/ Kline & Specter (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Certificate of Service)(Balefsky, Lee)
March 21, 2019 Opinion or Order Filing 708 ORDER granting #707 MOTION by Certain Plaintiffs/ Mazie Slater for Leave to File Overlength Brief in Support of Objections to the Recommended Allocation of Common Benefit Fees and the Reimbursement of Shared Expenses and Held Costs. Signed by Judge Joseph R. Goodwin on 3/21/2019. (cc: attys; any unrepresented party) (kp)
March 20, 2019 Filing 707 MOTION by Certain Plaintiffs/ Mazie Slater for Leave to File Overlength Brief in Support of Objections to the Recommended Allocation of Common Benefit Fees and the Reimbursement of Shared Expenses and Held Costs with proposed document attached (Slater, Adam)
March 18, 2019 Filing 706 OBJECTIONS to #702 Pretrial Order by Certain Plaintiffs/Kline & Specter (Attachment: #1 Certificate of Service)(Balefsky, Lee)
March 13, 2019 Opinion or Order Filing 705 PRETRIAL ORDER # 88 ORDER REAPPOINTING COMMON BENEFIT FEE AND COST COMMITTEE directing 1) The FCC as appointed by the FCC Order is hereby reappointed for the purpose of the evaluation and recommendation with regard to time and expense submissions by Participating Counsel arising after 12/21/2016; 2) The FCC is hereby directed to evaluate and make recommendation of time and expense submissions by Participating Counsel in accordance with the process outlined previously in the Protocol for those time and expense submissions arising after 12/21/2016; and 3) The Honorable Daniel J. Stack, Retired, is reappointed as the External Review Specialist in accordance with the process outlined previously in the Protocol for those time and expense submissions arising after 12/21/2016. Signed by Judge Joseph R. Goodwin on 3/13/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2440; ALL CASES) (kp)
March 13, 2019 Filing 704 RESPONSE AND STATEMENT by Certain Plaintiffs/Common Benefit Fee and Cost Committee in support of #702 Final Written Recommendation. (Garrard, Henry) (Modified on 3/13/2019 to correct link to #703 notice) (ts).
March 12, 2019 Filing 703 Final Written Recommendation by The Common Benefit Fee and Cost Committee concerning the allocation of common benefit fees and the reimbursement of shared expenses and held costs. (Attachments: #1 Recommended Allocation, #2 Declaration of Henry G. Garrard, III) (mek)
March 12, 2019 Opinion or Order Filing 702 PRETRIAL ORDER # 87 ORDER SCHEDULING OBJECTIONS PURSUANT TO FEE AND COST PROTOCOL Directing that the (1) FCC's Final Written Recommendation, (2) the Recommended Allocation of the External Review Specialist, and (3) supporting materials attached as an exhibit to this Order, be filed as one document by the Clerk; further directing that (1) all objections of Participating Counsel to the Recommended Allocation of the External Review Specialist must be filed on or before 3/26/2019; (2) any response by the FCC must be filed on or before 4/9/2019; and (3) the FCC is to deliver materials set forth herein to the court for its inspection and consideration, in camera. Signed by Judge Joseph R. Goodwin on 3/12/2019. (Attachments: #1 Exhibit) (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: ALL CASES) (mek)
March 8, 2019 Opinion or Order Filing 701 ORDER denying as moot #687 MOTION by Kline & Specter to Compel Production of Documents and Additional Discovery Directed at the Fee and Cost Committee in Connection With the Request for Allocation of Aggregate Common Benefit and Cost Award. Signed by Judge Joseph R. Goodwin on 3/8/2019. (cc: attys; any unrepresented party) (kp)
March 1, 2019 Opinion or Order Filing 700 ORDER OF 4CCA as to #697 Notice of Appeal to the 4CCA, in 4CCA Case No. 19-1230 consolidating Case Numbers 19-1224, 19-1225, 19-1226, 19-1227, 19-1228, 19-1229, and 19-1230. (ts)
March 1, 2019 Filing 699 NOTICE OF APPELLATE CASE OPENING BY 4CCA re: #697 Notice of Appeal to the 4CCA in 4CCA Case No. 19-1230. Case Manager: T. Fischer. (kp)
February 28, 2019 Filing 698 TRANSMITTAL OF NOTICE OF APPEAL TO 4CCA via APPEAL TRANSMITTAL SHEET re: #697 Notice of Appeal to the 4CCA. (ts)
February 28, 2019 Filing 697 NOTICE OF APPEAL WITH FEE PAID by Certain Plaintiffs/Kline & Specter re: #691 Pretrial Order #86 Memorandum Opinion and Order. Filing Fee $505. Receipt # AWVSDC-7092379. (Attachment: #1 Certificate of Service)(Balefsky, Lee) (Modified on 2/28/2019 to add link to #691 pretrial order) (ts).
February 26, 2019 Opinion or Order Filing 696 ORDER denying #692 MOTION by Certain Plaintiffs for Appointment of a Special Master. Signed by Judge Joseph R. Goodwin on 2/26/2019. (cc: attys; any unrepresented party) (kp)
February 26, 2019 Filing 695 REPLY by Certain Plaintiffs/Kline & Specter to #694 Response In Opposition. (Attachment: #1 Certificate of Service)(Balefsky, Lee)
February 25, 2019 Filing 694 RESPONSE by Certain Plaintiffs/Common Benefit Fee and Cost Committee in opposition to #692 MOTION by Certain Plaintiffs Motion for Appointment of a Special Master (Attachment: #1 Exhibit 1 - Declaration of Stack)(Garrard, Henry)
February 21, 2019 Opinion or Order Filing 693 ORDER denying #690 STIPULATED MOTION by Certain Plaintiffs for Approval of Qualified Settlement Fund Subaccount and Appointment of Fund Administrator. Signed by Judge Joseph R. Goodwin on 2/21/2019. (cc: attys; any unrepresented party) (mek)
February 14, 2019 Filing 692 MOTION by Certain Plaintiffs for Appointment of a Special Master (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Balefsky, Lee)
January 30, 2019 Opinion or Order Filing 691 PRETRIAL ORDER # 86 MEMORANDUM OPINION AND ORDER (Re: Petition for an Award of Common Benefit Attorneys' Fees and Expenses) granting #673 PETITION by Certain Plaintiffs for an Award of Common Benefit Attorneys Fees and Expenses as more fully set forth herein; this award is 5% of the total recoveries, which is the equivalent of $366 million; directing that the 5% assessment set forth in the court's previous Order shall be available for distribution as an award for common benefit attorneys' fees and expenses; the allocation of specific attorneys' fees and expenses will occur once a recommendation of allocation has been submitted to the court for review. Signed by Judge Joseph R. Goodwin on 1/30/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2440; ALL CASES) (mek)
January 29, 2019 Filing 690 STIPULATED MOTION by Certain Plaintiffs for Approval of Qualified Settlement Fund Subaccount and Appointment of Fund Administrator (Attachment: #1 Proposed Order)(Ellis, Damon)
January 22, 2019 Filing 689 REPLY by Certain Plaintiffs/Kline & Specter to #688 Response In Opposition. (Balefsky, Lee)
January 18, 2019 Filing 688 RESPONSE by Certain Plaintiffs/The Common Benefit Fee and Cost Committee in opposition to #687 MOTION by Kline & Specter to Compel Production of Documents and Additional Discovery Directed at the Fee and Cost Committee in Connection With the Request for Allocation of Aggregate Common Benefit and Cost Award (Attachment: #1 Exhibit 1)(Garrard, Henry)
January 16, 2019 Filing 687 MOTION by Kline & Specter to Compel Production of Documents and Additional Discovery Directed at the Fee and Cost Committee in Connection With the Request for Allocation of Aggregate Common Benefit and Cost Award (Attachments: #1 Proposed Order, #2 Exhibit A)(Balefsky, Lee)
December 11, 2018 NOTICE OF DOCKET CORRECTION re: #675 Notice of Intent. ERROR: Incorrect image filed. CORRECTION: Image removed; refiled. (ts)
December 10, 2018 Opinion or Order Filing 686 ORDER denying #685 MOTION by Certain Plaintiffs for Leave to File Sur-reply Memorandum in Response to Common Benefit Fee and Cost Committee's Reply. Signed by Judge Joseph R. Goodwin on 12/10/2018. (cc: attys; any unrepresented party) (mek)
December 7, 2018 Filing 685 MOTION by Certain Plaintiffs/ Kline & Specter for Leave to File Sur-reply Memorandum in Response to Common Benefit Fee and Cost Committee's Reply (Attachments: #1 Proposed Order, #2 Exhibit A)(Balefsky, Lee)
December 7, 2018 Filing 684 REPLY by Common Benefit Fee and Cost Committee to #682 Response In Opposition. (Attachments: #1 Exhibit 1 - Prempro common benefit order, #2 Exhibit 2 - Trasylol common benefit fee and expense motion, #3 Exhibit 3 Trasylol common benefit award, #4 Exhibit 4 - NECC MDL common benefit motion)(Garrard, Henry)
December 4, 2018 Opinion or Order Filing 683 ORDER granting #678 MOTION by Certain Plaintiffs to Exceed Page Limit For Common Benefit Fee and Cost Committee's Reply In Support Of Petition For An Award of Common Benefit Attorneys' Fees And Expenses. Signed by Judge Joseph R. Goodwin on 12/4/2018. (cc: attys; any unrepresented party) (mek)
December 3, 2018 Filing 682 RESPONSE by Andrus Wagstaff, PC in opposition to #673 PETITION by Certain Plaintiffs for an Award of Common Benefit Attorneys Fees and Expenses and Memorandum in Support (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Wagstaff, Aimee)
December 3, 2018 Filing 681 REPLY by Certain Plaintiffs to #677 Response In Opposition. (Abrams, Rachel)
December 3, 2018 Filing 680 REPLY by Certain Plaintiffs to #677 Response In Opposition. (Goss, Tim) (Modified on 12/4/2018 to remove link to #673 petition) (ts).
December 3, 2018 Filing 679 REPLY by Certain Plaintiffs to #677 Response In Opposition. (Garrard, Henry)
November 30, 2018 Filing 678 MOTION by Certain Plaintiffs to Exceed Page Limit For Common Benefit Fee and Cost Committee's Reply In Support Of Petition For An Award of Common Benefit Attorneys' Fees And Expenses And Memorandum In Support (Garrard, Henry)
November 26, 2018 MEMBER CASE TERMINATED: WVSD CA 2:14-cv-21901 Botello et al v. Cook Incorporated et al terminated pursuant to the Order entered in the member civil action on 11/26/2018. Plaintiffs Armando Botello (WVSD CA 2:14-21901) and Sherri Botello (WVSD CA 2:14-21901) terminated herein. (rmc)
November 26, 2018 Filing 677 RESPONSE by Certain Plaintiffs/ Kline & Specter in opposition to #673 PETITION by Certain Plaintiffs for an Award of Common Benefit Attorneys Fees and Expenses and Memorandum in Support (Attachments: #1 Certificate of Service, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I)(Balefsky, Lee)
November 20, 2018 Filing 676 NOTICE of Intent to File Opposition by Andrus Wagstaff, PC re: #673 PETITION by All Plaintiffs for an Award of Common Benefit Attorneys Fees and Expenses (Williamson, Andrew)
November 16, 2018 Filing 675 INCORRECT ENTRY; IMAGE REMOVED. (Modified on 11/25/2018 to remove incorrect image) (ts).
November 15, 2018 Opinion or Order Filing 674 ORDER The #672 MOTION by All Plaintiffs to Exceed Page Limit for Common Benefit Fee and Cost Committees Petition for an Award of Common Benefit Attorneys Fees and Expenses is GRANTED; directing that any response to the #673 PETITION by All Plaintiffs for an Award of Common Benefit Attorneys Fees and Expenses must be filed on or before 11/26/2018; any reply must be filed on or before 12/3/2018; the court reminds the parties that the FCC Petition has been filed in all seven MDLs, and any responses and the reply should also be filed in all seven MDLs. Signed by Judge Joseph R. Goodwin on 11/15/2018. (cc: counsel of record; any unrepresented party) (mek)
November 12, 2018 Filing 673 PETITION by Certain Plaintiffs/ Common Benefit Fee and Cost Committee for an Award of Common Benefit Attorneys Fees and Expenses and Memorandum in Support (Attachment: #1 Exhibit 1)(Garrard, Henry)
November 12, 2018 Filing 672 MOTION by Certain Plaintiffs/ Common Benefit Fee and Cost Committee to Exceed Page Limit for Common Benefit Fee and Cost Committees Petition for an Award of Common Benefit Attorneys Fees and Expenses and Memorandum in Support (Garrard, Henry)
October 9, 2018 MEMBER CASE TERMINATED: WVSD 2:14-cv-09694 Haley v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 10/9/2018. Plaintiff Sally A. Haley (WVSD CA 2:14-09694) terminated herein. (mek)
October 2, 2018 Opinion or Order Filing 671 ORDER directing that the action is TRANSFERRED to MDL 2325; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2325. Signed by Judge Joseph R. Goodwin on 10/2/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
September 28, 2018 MEMBER CASES TERMINATED: WVSD 2:13-cv-15529 Zuniga v. Cook Incorporated et al, WVSD 2:13-cv-21552 Batchelor et al v. Cook Incorporated et al, WVSD 2:13-cv-33733 Johnson v. Cook Incorporated et al, WVSD 2:16-cv-01186 Hughes v. Cook Incorporated et al, WVSD 2:16-cv-01600 Madsen v. Cook Incorporated et al and WVSD 2:16-cv-02231 Zumwalt v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 9/28/2018. Plaintiffs Esther J. Zuniga (WVSD CA 2:13-15529), Paula Batchelor (WVSD CA 2:13-21552), Jerry Batchelor (WVSD CA 2:13-21552), Martha Sue Johnson (WVSD CA 2:13-33733), Barbara Hughes (WVSD CA 2:16-01186), Brenda Madsen (WVSD CA 2:16-01600) and Julie Zumwalt (WVSD CA 2:16-02231) terminated herein. (mek)
September 28, 2018 Opinion or Order Filing 670 MEMORANDUM OPINION AND ORDER Directing that the Cook defendants are DISMISSED with prejudice from this action pursuant to Rule 16(f) of the Federal Rules of Civil Procedure for plaintiff's failure to attend the Mandatory Status Hearing as directed in PTO # 85, and for failure to respond to my show cause order as directed; this action is TRANSFERRED to MDL 2326, and the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 9/28/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (mek)
September 21, 2018 MEMBER CASE TERMINATED: WVSD CA 2:14-cv-11371 Motherwell v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 9/21/2018. Plaintiff Marjorie Ruth Motherwell (WVSD CA 2:14-11371) terminated herein. (mek)
August 29, 2018 Opinion or Order Filing 669 ORDER granting the Motions filed in MDL 2440 by Ethicon, Inc., Johnson & Johnson to Substitute Susan M. Robinson as Counsel in lieu of David B. Thomas, and to Substitute William M. Gage as Counsel in lieu of Christy D. Jones; the Clerk is directed to terminate Christy D. Jones and to substitute William M. Gage as counsel of record, both on the main master docket and for each individual member case in MDL 2440 with which Christy D. Jones is associated, and to terminate David B. Thomas and to substitute Susan M. Robinson as counsel of record, both on the main master docket and for each individual member case in MDL 2440 with which David B. Thomas is associated. Signed by Judge Joseph R. Goodwin on 5/24/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2440; Cases on inactive docket) (mwk)
August 23, 2018 Filing 668 WITHDRAWAL OF APPEARANCE of John T. Schlafer by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (Schlafer, John)
August 22, 2018 Opinion or Order Filing 667 SHOW CAUSE ORDER Directing that each plaintiff identified on Exhibit A show cause on or before 9/22/2018 why their case should not be dismissed with prejudice pursuant to Rule 16(f) of the Federal Rules of Civil Procedure for failure to attend the mandatory status hearing as directed. If the plaintiffs identified on Exhibit A do not show cause on or before 9/22/2018, either by motion or on its own accord, the court will dismiss such cases with prejudice pursuant to Rule 16(f) of the Federal Rules of Civil Procedure. Signed by Judge Joseph R. Goodwin on 8/22/2018. (cc: counsel of record; any unrepresented party) (mek)
August 22, 2018 Filing 666 STATUS HEARING held by Judge Joseph R. Goodwin on 8/22/2018; Court Reporter: Kimberly Kaufman. (rac)
August 21, 2018 MEMBER CASE TERMINATED: WVSD CA 2:15-cv-02301Yuricha v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 8/21/2018. Plaintiff Patricia Yuricha (WVSD CA 2:15-02301) terminated herein. (kp)
August 20, 2018 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-29573 Hedge v. Cook Incorporated et al, WVSD CA 2:14-cv-07724 Massira v. Cook Incorporated et al, WVSD CA 2:15-cv-02659 Rode et al v. Cook Incorporated et al, WVSD CA 2:16-cv-04562 Rodman v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 8/20/2018. Plaintiffs Alto Hedge (WVSD CA 2:13-29573), Masoumeh Massira (WVSD CA 2:14-7724), Nanette Rode (WVSD CA 2:15-2659), James Rode (WVSD CA 2:15-2659), and LuAnn Rodman (WVSD CA 2:16-04562) terminated herein. (kp)
August 14, 2018 Filing 665 PROPOSED ORDER Order to Dismiss Defendants Without Prejudice (Pursuant to PTO No. 293 as Amended by PTO No. 298 - Non-Revision Gynecare Products) by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Gage, William)
August 13, 2018 MEMBER CASES TRANSFERRED FROM MDL 2187 TO MDL 2440 pursuant to the Orders entered on 8/13/2018: SDWV CA 2:13-cv-15529 Zuniga v. Cook Incorporated et al and SDWV CA 2:13-cv-21552 Batchelor et al v. Cook Incorporated et al. (mek)
August 9, 2018 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-18468 Gaevert v. Cook Incorporated et al, WVSD CA 2:13-cv-31585 East v. Cook Incorporated et al, WVSD CA 2:13-cv-33997 Ivicsics v. Cook Incorporated et al, WVSD CA 2:14-cv-13043 Reyes v. Cook Incorporated et al, WVSD CA 2:14-cv-13442 McLean v. Cook Incorporated et al, WVSD CA 2:14-cv-16509 Friedman v. Cook Incorporated et al, WVSD CA 2:14-cv-16511 Schrader v. Cook Incorporated et al, WVSD CA 2:14-cv-16696 Sweeney v. Cook Incorporated et al, WVSD CA 2:14-cv-24149 Dempsey v. Mentor Corporation et al, WVSD CA 2:14-cv-29984 Russell v. Cook Incorporated et al, WVSD CA 2:15-cv-06870 Pattee v. Cook Incorporated et al, WVSD CA 2:15-cv-06880 Stowers v. Cook Incorporated et al, WVSD CA 2:15-cv-07701 Shine et al v. Cook Incorporated et al, WVSD CA 2:15-cv-11007 Turnipseed et al v. Cook Incorporated et al, WVSD CA 2:16-cv-02973 Greenall et al v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 8/09/2018. Plaintiffs Helen Gaevert (WVSD CA 2:13-18468), Elna L. East (WVSD CA 2:13-31585), Antoinette Ivicsics (WVSD CA 2:13-33997), Stella Reyes (WVSD CA 2:14-13043), Tracy McLean (WVSD CA 2:14-13442), Tracey Friedman (WVSD CA 2:14-16509), Teresa Mae Schrader (WVSD CA 2:14-16511), June C. Sweeney (WVSD CA 2:14-16696), Mona Dempsey (WVSD CA 2:14-24149), Alma Russell (WVSD CA 2:14-29984), Gayla Pattee (WVSD CA 2:15-06870), Ann Stowers (WVSD CA 2:15-06880), Susan Shine (WVSD CA 2:15-07701), Dan Shine (WVSD CA 2:15-07701), Carrie Turnipseed (WVSD CA 2:15-11007), Jim O. Turnipseed (WVSD CA 2:15-11007), Cathy Greenall (WVSD CA 2:16-02973), and Harry J. Greenall, II (WVSD CA 2:16-02973) terminated herein. (kp)
August 9, 2018 Opinion or Order Filing 664 ORDER (Dismissing Cook Defendants with Prejudice and Transferring Case to MDL 2327) granting Stipulation of Dismissal as to Cook Incorporated, Cook Biotech, Inc., Cook Medical, Inc. by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc., Cherie L. Harper filed in WVSD CA 2:13-cv-19130 Harper v. Cook Incorporated et al; directing that the Cook defendants are DISMISSED WITH PREJUDICE, and this action is TRANSFERRED to MDL 2327; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 8/9/2018. (cc: attys; any unrepresented party) (REF: MDL 2440; individual case) (brn)
August 7, 2018 Opinion or Order Filing 663 ORDER (Order Re: Mandatory Status Hearing for Certain Remaining Cases) The Court will conduct a mandatory status hearing on 8/22/2018 at 9:00 a.m. in Room 6600 of the Robert C. Byrd United States Courthouse, 300 Virginia Street East, Charleston, West Virginia: East 2:13-cv-31585, Varney 2:14-cv-20518, Jones 2:15-cv-04173, Fizel 2:14-cv-10234; counsel for plaintiff(s) and the Cook defendants must appear in person and be prepared to explain why the claims against the Cook defendants have not been dismissed; failure to attend this hearing will result in sanctions, up to and including dismissal of plaintiff's claims against the Cook defendants with prejudice; the Court does not require the presents of non-Cook defendants named in these cases. Signed by Judge Joseph R. Goodwin on 8/7/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2440; Each Individual Case Listed) (kp)
August 2, 2018 MEMBER CASE TRANSFERRED FROM MDL 2187 TO MDL 2440 pursuant to the Order entered on 8/2/2018: SDWV CA 2:14-cv-09694 Haley v. Cook Incorporated et al. (brn)
August 2, 2018 Opinion or Order Filing 662 ORDER (Dismissing Defendant C. R. Bard, Inc. with Prejudice and Transferring Case to MDL 2440) granting Joint Motion by C. R. Bard, Inc., Sally A. Haley to Dismiss Defendant C. R. Bard, Inc. With Prejudice and Motion by Sally A. Haley to Transfer MDLs filed in WVSD CA 2:14-cv-09694 Haley v. C. R. Bard, Inc. et al; directing that (1) the Joint Motion to Dismiss Bard with Prejudice and the plaintiff's Motion to Transfer MDLs are GRANTED; (2) Defendant Bard is DISMISSED WITH PREJUDICE as a defendant in this action; (3) this action is TRANSFERRED to MDL 2440; (4) pursuant to Bard MDL Pretrial Order # 275, as amended by Pretrial Order 283 (Docket Control Order C. R. Bard, Inc. Wave 7 Cases), this action REMAINS subject PTO Nos. 275 and 283 entered in MDL 2187; and (5) to the extent an Amended Short Form Complaint has not been filed, the court DIRECTS plaintiff's counsel to file the appropriate Amended Short Form Complaint within two weeks of the date of this Order; the Clerk is directed to disassociate this civil action as a member case in MDL 2187 and re-associate it with MDL 2440; the 2187 Wave 7 flag shall remain affixed to the docket. Signed by Judge Joseph R. Goodwin on 8/2/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
August 1, 2018 MEMBER CASES TERMINATED: WVSD CA 2:16-cv-01406 Thompson v. Cook Incorporated et al and WVSD CA 2:16-cv-08328 Durham v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 8/1/2018. Plaintiffs Debbie Thompson (WVSD CA 2:16-01406) and Grace Durham (WVSD CA 2:16-08328) terminated herein. (mek)
July 31, 2018 Opinion or Order Filing 661 ORDER (Dismissing Defendant American Medical Systems, Inc. With Prejudice and Transferring Cases to MDL 2440) granting Joint Motion by American Medical Systems, Inc., Elna East to Dismiss With Prejudice and Motion by Elna East to Transfer this member case from MDL 2325 American Medical Systems to MDL 2440 Cook filed in WVSD CA 2:13-cv-31585 East v. American Medical Systems, Inc. et al; pursuant to AMS MDL Pretrial Order No 249 as amended by PTO No 255 (Amended Docket Control Order American Medical Systems, Inc. Wave 3 Cases), this case, previously a 2325 Wave 3 case, remains subject to PTO Nos. 249 and 255 entered in MDL 2325; to the extent an Amended Short Form Complaint has not been filed, the court DIRECTS plaintiff's counsel to file the appropriate Amended Short Form Complaint within two weeks of the date of this Order; the Clerk is DIRECTED to disassociate this civil action a member case in MDL 2325 and re-associate it with MDL 2440; the 2325 Wave 3 flag shall remain affixed to the docket sheet. Signed by Judge Joseph R. Goodwin on 7/31/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
July 31, 2018 MEMBER CASE TRANSFERRED FROM MDL 2325 TO MDL 2440 pursuant to the Order entered on 7/31/2018: SDWV CA 2:13-cv-31585 East v. Cook Incorporated et al. (mek)
July 30, 2018 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-15588 Barrett v. Cook Incorporated et al and WVSD CA 2:13-cv-20340 Renfroe et al v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 7/30/2018. Plaintiffs Shirley Barrett (WVSD CA 2:13-15588), Christine Renfroe (WVSD CA 2:13-20340) and Timothy Scott Renfroe, Sr. (WVSD CA 2:13-20340) terminated herein. (mek)
July 30, 2018 Opinion or Order Filing 660 ORDER (Transferring Certain Cases to MDL 2327) Directing that the actions listed on Exhibit A are TRANSFERRED to MDL 2327; plaintiffs' counsel is DIRECTED to file an Amended Short Form Complain within 14 days of this Order; and the Clerk is DIRECTED to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 7/30/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (mek)
July 30, 2018 Opinion or Order Filing 659 ORDER (Transferring Case to MDL 2327) granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2327 Ethicon filed in WVSD CA 2:15-cv-15669 Purcell et al v. Ethicon Inc. et al; to the extent the Amended Short Form Complaint has not been filed, plaintiffs' counsel is DIRECTED to file an Amended Short Form Complaint within 14 days of this Order; this action is TRANSFERRED to MDL 2327, and the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 7/30/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
July 30, 2018 Opinion or Order Filing 658 ORDER (Transferring Certain Cases to MDL 2326) Directing that the actions listed on Exhibit A are TRANSFERRED to MDL 2326; plaintiffs' counsel is DIRECTED to file an Amended Short Form Complain within 14 days of this Order; and the Clerk is DIRECTED to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 7/30/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (mek)
July 30, 2018 Opinion or Order Filing 657 ORDER (Transferring Certain Cases to MDL 2325) Directing that the actions listed on Exhibit A are TRANSFERRED to MDL 2325; plaintiffs' counsel is DIRECTED to file an Amended Short Form Complain within 14 days of this Order; and the Clerk is DIRECTED to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2325. Signed by Judge Joseph R. Goodwin on 7/30/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (mek)
July 30, 2018 Opinion or Order Filing 656 ORDER (Transferring Case to MDL 2326) granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2326 Boston Scientific filed in WVSD CA 2:15-cv-14943 Koger et al v. Boston Scientific Corporation; to the extent the Amended Short Form Complaint has not been filed, plaintiffs' counsel is DIRECTED to file an Amended Short Form Complaint within 14 days of this Order; this action is TRANSFERRED to MDL 2326, and the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 7/30/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
July 30, 2018 Opinion or Order Filing 655 ORDER (Transferring Case to MDL 2326) granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2326 Boston Scientific filed in WVSD CA 2:14-cv-30400 Akram et al v. Boston Scientific Corporation; to the extent the Amended Short Form Complaint has not been filed, plaintiff's counsel is DIRECTED to file an Amended Short Form Complaint within 14 days of this Order; this action is TRANSFERRED to MDL 2326, and the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 7/30/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
July 30, 2018 Opinion or Order Filing 654 ORDER (Transferring Case to MDL 2327) granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2327 Ethicon filed in WVSD CA 2:14-cv-21004 Reedy v. Ethicon, Inc. et al; to the extent the Amended Short Form Complaint has not been filed, plaintiff's counsel is DIRECTED to file an Amended Short Form Complaint within 14 days of this Order; this action is TRANSFERRED to MDL 2327, and the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 7/30/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
July 27, 2018 Opinion or Order Filing 653 PRETRIAL ORDER # 85 (Order Re: Mandatory Status Hearing for Certain Remaining Cases) directing that for the cases identified on the attached Exhibit A, the court will conduct a mandatory status hearing on 8/22/2018 at 9:00 a.m. in Room 6600 of the Robert C. Byrd United States Courthouse, 300 Virginia Street East, Charleston, West Virginia; counsel for plaintiff(s) and defendants must appear in person and be prepared to explain why their case has not been dismissed; failure to attend this hearing will result in sanctions, up to and including dismissal of plaintiff's case with prejudice. Signed by Judge Joseph R. Goodwin on 7/27/2018. (cc: Clerk of the JPMDL; attys) (REF: MDL 2440; Cases Listed on Exhibit A) (kp)
July 26, 2018 MEMBER CASE TERMINATED: WVSD CA 2:14-cv-07724 Massira et al v. Cook Incorporated et al, WVSD CA 2:14-cv-13035 Scogin et al v. Cook Incorporated et al, WVSD CA 2:14-cv-13440 Ingram et al v. Cook Incorporated et al, WVSD CA 2:15-cv-09739 Crowder et al v. Cook Incorporated et al, WVSD CA 2:16-cv-10447 Proctor v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 7/26/2018. Plaintiffs Masoumeh Massira (WVSD CA 2:14-7724), Frank Kalantari (WVSD CA 2:14-7724), Loletta Scogin (WVSD CA 2:14-13035), Gerald Scogin (WVSD CA 2:14-13035), Debra Ingram (WVSD CA 2:14-13440), Charles Ingram (WVSD CA 2:14-13440), Theresa Crowder (WVSD CA 2:15-09739), Joseph Crowder (WVSD CA 2:15-09739), and Lavonne Proctor (WVSD CA 2:16-10447) terminated herein. (kp)
July 25, 2018 MEMBER CASES TERMINATED: WVSD CA 2:14-cv-14120 Perez-Guerra et al v. Cook Incorporated et al, WVSD CA 2:14-cv-17137 Harriman v. Cook Incorporated et al, WVSD CA 2:14-cv-23454 Little v. Cook Incorporated et al, WVSD CA 2:14-cv-30700 Officer et al v. Cook Incorporated et al, WVSD CA 2:15-cv-06860 Neebe et al v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 7/25/2018. Plaintiffs Trina Perez-Guerra (WVSD CA 2:14-14120), Ronald Perez-Guerra (WVSD CA 2:14-14120), Karen Harriman (WVSD CA 2:14-17137), Vera Little (WVSD CA 2:14-23454), Mary Colling Officer (WVSD CA 2:14-30700), Randy Officer (WVSD CA 2:14-30700), Lesli Neebe (WVSD CA 2:15-06860), and John Neebe (WVSD CA 2:15-06860) terminated herein. (kp)
July 24, 2018 MEMBER CASE TERMINATED: WVSD CA 2:14-cv-11214 Nicholson et al v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 7/24/2018. Plaintiffs Dawn Nicholson (WVSD CA 2:14-11214) and Steve Nicholson (WVSD CA 2:14-11214) terminated herein. (kp)
July 17, 2018 Opinion or Order Filing 652 PRETRIAL ORDER # 85 (Requirements for Counsel to Deceased Plaintiffs) The procedures set forth herein must be followed by counsel upon learning of the death of a plaintiff in a case residing in one of the pelvic mesh MDLs pending before the court. Signed by Judge Joseph R. Goodwin on 7/17/2018. (cc: Clerk of the JPMDL; attys) (ts)
June 13, 2018 Opinion or Order Filing 651 ORDER ON MOTION TO TRANSFER MDL The Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2387 Coloplast filed in WVSD CA 2:14-cv-22717 Miller v. Coloplast Corp. is GRANTED; the Clerk is ORDERED to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2387. Signed by Judge Joseph R. Goodwin on 6/13/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
June 13, 2018 Opinion or Order Filing 650 PRETRIAL ORDER #84 (Dismissal of Settled and Paid Cases from the Inactive Docket) Directing that: (1) When a plaintiff has provided defendant with an executed, valid release, and defendant has authorized disbursement to plaintiff of the settlement amount to which plaintiff's counsel has agreed, defendant shall promptly file, in each individual case, a Motion to Dismiss with Prejudice of that plaintiff's case. The Motion must name plaintiff and, where appropriate, the named derivative plaintiff, and include a declaration from defense counsel (a) that defendant has received a valid, executed release from plaintiff; (b) that the settlement funds to be paid have been disbursed to plaintiff's counsel; and (c) that defendant has been informed that disbursement of those settlement funds to plaintiff has occurred. (2) The Motion to Dismiss shall be served on plaintiff's counsel of record via email and U.S. mail. The Motion to Dismiss shall be served on any pro se plaintiff via U.S. Mail. (3) Any objections to the Motion to Dismiss must be filed in the individual case within 7 days from the date of the filing of the Motion to Dismiss. (4) If the plaintiff does not file an objection within the 7 days, the court will enter the order dismissing the case, or appropriate parties, with prejudice. Signed by Judge Joseph R. Goodwin on 6/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2440; ALL CASES) (mek)
May 31, 2018 Filing 649 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Rachel Beth Abrams updating name and/or firm information on behalf of All Plaintiffs. (Abrams, Rachel)
May 24, 2018 Opinion or Order Filing 648 ORDER granting #643 MOTION by Ethicon, Inc., Johnson & Johnson to Substitute Susan M. Robinson as Counsel in lieu of David B. Thomas, and #644 MOTION by Ethicon, Inc., Johnson & Johnson to Substitute William M. Gage as Counsel in lieu of Christy D. Jones; the Clerk is directed to terminate Christy D. Jones and to substitute William M. Gage as counsel of record, both on the main master docket and for each individual member case in MDL 2440 with which Christy D. Jones is associated, and to terminate David B. Thomas and to substitute Susan M. Robinson as counsel of record, both on the main master docket and for each individual member case in MDL 2440 with which David B. Thomas is associated. Signed by Judge Joseph R. Goodwin on 5/24/2018. (cc: counsel of record; any unrepresented party) (ts)
May 24, 2018 Opinion or Order Filing 647 ORDER denying as moot #625 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Substitute Susan M. Robinson as Counsel in lieu of David B. Thomas. Signed by Judge Joseph R. Goodwin on 5/24/2018. (cc: attys; any unrepresented party) (mek)
May 24, 2018 Opinion or Order Filing 646 ORDER denying as moot #624 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Withdrawal and Substitution of William M. Gage as Counsel in lieu of Christy D. Jones. Signed by Judge Joseph R. Goodwin on 5/24/2018. (cc: attys; any unrepresented party) (mek)
May 22, 2018 MEMBER CASE TERMINATED: WVSD CA 2:13-cv-22443, Howell v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 5/22/2018. Plaintiff Shirley Raye Howell (WVSD CA 2:13-22443) terminated herein. (kp)
May 21, 2018 Opinion or Order Filing 645 ORDER ON MOTION TO TRANSFER MDL The Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2326 Boston Scientific filed in WVSD CA 2:14-cv-11159 Rando et al v. Boston Scientific Corporation is GRANTED; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 5/21/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
May 21, 2018 MEMBER CASE TERMINATED: WVSD CA 2:13-CV-21255 Smith et al v. Cook Group, Incorporated et al, terminated pursuant to the Order entered in the member civil action on 5/21/2018. Plaintiffs Elizabeth Smith (WVSD CA 2:13-21255) and Michael Smith (WVSD CA 2:13-21255) terminated herein. (mek)
May 17, 2018 IMPORTANT NOTICE: The United States District Court for the Southern District of West Virginia (WVSD) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, June 11, 2018. Complete information regarding the WVSD NextGen CM/ECF implementation can be found at #h ttp://www.wvsd.uscourts.gov/nextgen-information. Preparing for NextGen CM/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your WVSD e-filing account in the new NextGen CM/ECF system on or after June 11, 2018. Please log in to the WVSD CM/ECF system at #http://ecf.wv sd.uscourts.gov before June 7, 2018 to make sure you know your current WVSD e-filing login and password. Do not rely on your username and password being saved in your web browser, because that method will not work with the NextGen upgrade. If you do not know your login or password or have any additional questions please call the WVSD Clerk's Office CM/ECF Help Desk at (304)-347-3111. (mwk)
May 15, 2018 Filing 644 MOTION by Ethicon, Inc., Johnson & Johnson to Substitute William M. Gage as Counsel in lieu of Christy D. Jones (Robinson, Susan)
May 15, 2018 Filing 643 MOTION by Ethicon, Inc., Johnson & Johnson to Substitute Susan M. Robinson as Counsel in lieu of David B. Thomas (Robinson, Susan)
May 14, 2018 Filing 642 MOTION by Joseph J. Zonies and Gregory D. Bentley for Change of Attorney Information in the MDL and in all cases in which they are associated. (Zonies, Joseph)
May 11, 2018 Opinion or Order Filing 641 ORDER The #640 Order entered on 5/10/2018 is VACATED. Signed by Judge Joseph R. Goodwin on 5/11/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2440) (mek)
May 10, 2018 Opinion or Order Filing 640 VACATED PURSUANT TO THE #641 ORDER ENTERED ON 5/11/2018: ORDER granting #624 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Withdrawal and Substitution of William M. Gage as Counsel in lieu of Christy D. Jones and #625 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Substitute Susan M. Robinson as Counsel in lieu of David B. Thomas; the Clerk is directed to terminate Christy D. Jones as counsel for the Ethicon defendants and to substitute William M. Gage, and to terminate David B. Thomas as counsel for the Ethicon defendants and to substitute Susan M. Robinson, both on the main master docket and for each individual member case in MDL 2440 with which Christy D. Jones and/or David B. Thomas are associated. Signed by Judge Joseph R. Goodwin on 5/10/2018. (cc: attys; any unrepresented party) (mek) (Modified on 5/11/2018 to note order has been vacated) (mek).
May 3, 2018 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-19794 Case et al v. Cook Incorporated et al, WVSD CA 2:13-cv-20449 Scott v. Cook Incorporated et al, WVSD CA 2:14-cv-21259 Akins v. Cook Incorporated et al and WVSD CA 2:14-cv-22525 Del Rio v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 5/3/2018. Plaintiffs Jeanette Case (WVSD CA 2:13-19794), Richard Case (WVSD CA 2:13-19794), Carol Scott (WVSD CA 2:13-20449), Angelia Akins (WVSD CA 2:14-21259) and Johanna Del Rio (WVSD CA 2:14-22525) terminated herein. (mek)
May 3, 2018 Opinion or Order Filing 639 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. to Transfer this member case from MDL 2440 Cook to MDL 2327 Ethicon filed in WVSD CA 2:13-cv-14331 Nolin et al v. Ethicon, Inc. et al; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 5/3/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
May 1, 2018 Opinion or Order Filing 638 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2325 American Medical Systems, Inc. filed in WVSD CA 2:14-cv-23028 King et al v. American Medical Systems, Inc. The Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2325. Signed by Judge Joseph R. Goodwin on 5/1/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
May 1, 2018 Opinion or Order Filing 637 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. to Transfer this member case from MDL 2440 Cook to MDL 2327 Ethicon filed in WVSD CA 2:13-cv-30904 Humphrey et al v. Ethicon, Inc. et al. The Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 5/1/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
April 26, 2018 Opinion or Order Filing 636 ORDER (CHANGE TO CHARACTERIZATION BY CLERK'S OFFICE OF CASES ON INACTIVE DOCKET) It is directed that in all cases with an inactive docket order which resulted in "Closed" and "MDL Cook Inactive" flags on the docket sheet, the Clerk is directed to update the docket by removing the "Closed" flag from the docket sheet and leaving the "MDL Cook Inactive" flag, for reasons set forth herein. Signed by Judge Joseph R. Goodwin on 4/26/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2440; Member Cases Flagged "Closed" and "MDL Cook Inactive") (mek)
April 24, 2018 MEMBER CASES TERMINATED: WVSD CA 2:14-cv-17221 Caldwell v. Cook Incorporated et al and WVSD CA 2:15-cv-13387 Loehr v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 4/24/2018. Plaintiffs Peggy Caldwell (WVSD CA 2:14-17221) and Eulala Loehr (WVSD CA 2:15-13387) terminated herein. (kp)
April 23, 2018 Opinion or Order Filing 635 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2326 Boston Scientific filed in WVSD CA 2:13-cv-14150 Myers et al v. Cook Incorporated et al; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 4/23/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
April 23, 2018 MEMBER CASES TERMINATED: WVSD CA 2:14-cv-18554 McDonald et al v. Cook Incorporated et al, WVSD CA 2:13-cv-33836 Orellana v. Cook Incorporated et al, WVSD CA 2:14-cv-19678 Williams v. Cook Incorporated et al, WVSD CA 2:15-cv-06863 Klein et al v. Boston Scientific Corporation, WVSD CA 2:16-cv-02950 Risman et al v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 4/23/2018. Plaintiffs Florence A. McDonald (WVSD CA 2:14-18554), Wendell J. McDonald (WVSD CA 2:14-18554), Kimberly Renee Orellana (WVSD CA 2:13-33836), Kate Williams (WVSD CA 2:14-19678), Betty Klein (WVSD CA 2:15-06863), Kenneth W. Klein (WVSD CA 2:15-06863), Mary Risman (WVSD CA 2:16-02950), and Eddie Riseman (WVSD CA 2:16-02950) terminated herein. (kp)
April 20, 2018 Opinion or Order Filing 634 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2326 Boston Scientific filed in WVSD CA 2:16-cv-02860 Barfield et al v. Cook Incorporated et al; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 4/20/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
April 20, 2018 MEMBER CASES TERMINATED: WVSD CA 2:14-cv-13430 DeCanter et al v. Cook Incorporated et al and WVSD CA 2:14-cv-13433 Findling et al v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 4/20/2018. Plaintiffs Michele M. Findling (WVSD CA 2:14-13433), Robert Findling (WVSD CA 2:14-13433), Pamela R. DeCanter (WVSD CA 2:14-13430), and Ryan DeCanter (WVSD CA 2:14-13430) terminated herein. (kp)
April 18, 2018 Filing 633 MOTION by Laura J. Baughman to Withdraw Stephen T. Blackburn as Counsel For All Plaintiffs. (Baughman, Laura)
April 17, 2018 MEMBER CASE TRANSFERRED FROM MDL 2325 TO MDL 2440 pursuant to the Order entered on 4/17/2018: WVSD CA 2:14-cv-13043 Reyes v. Cook Incorporated et al (ts)
April 15, 2018 IMPORTANT NOTICE: The United States District Court for the Southern District of West Virginia (WVSD) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, June 11, 2018. Complete information regarding the WVSD NextGen CM/ECF implementation can be found at #h ttp://www.wvsd.uscourts.gov/nextgen-information. Currently, many attorneys within a firm may share a single PACER account. This will no longer be allowed with the new WVSD NextGen CM/ECF system because each attorney must have an individual upgraded PACER account that will be linked to their e-filing account. Shared PACER accounts cannot be used by WVSD e-filing attorneys once the WVSD NextGen CM/ECF system is implemented. Preparing for NextGen CM/ECF is a two-step process. Step one is to upgrade your PACER account, and step two is to link your upgraded PACER account to the WVSD e-filing account in the upgraded NextGen CM/ECF system. This notice only addresses the first step because the second step can't be completed until on or after June 11, 2018. The first step is to check and see if your PACER account is an "Upgraded" PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have an upgraded PACER account and no action is required until after the WVSD NextGen CM/ECF upgrade on June 11, 2018: 1) You have an upgraded PACER account for another NextGen court; or, 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WVSD CM/ECF account for your new NextGen CM/ECF account. Additional notices will be sent at a later date on how to handle the second step in this process. If you still have questions please contact the PACER Service Center at 800-676-6856 or the WVSD Clerk's Office CM/ECF Help Desk at (304)-347-3111. (mwk)
April 12, 2018 MEMBER CASES TERMINATED: WVSD CA 2:14-cv-10464 Harrison et al v. Cook Medical, Inc., WVSD CA 2:15-cv-13386 Downs-Eakin v. Cook Incorporated et al, WVSD CA 2:16-cv-01763 Turner et al v. Cook Incorporated et al, and WVSD CA 2:16-cv-10647 Gifford v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 4/12/2018. Plaintiffs Mary Ann Harrison (WVSD CA 2:14-10464), Kenneth Harrison (WVSD CA 2:14-10464), Kedre Downs-Eakin (WVSD CA 2:15-13386), Shirley Turner (WVSD CA 2:16-01763), Tracy M. Turner (WVSD CA 2:16-01763) and Johanna Gifford (WVSD CA 2:16-10647) terminated herein. (brn)
April 12, 2018 Opinion or Order Filing 632 ORDER granting the Motion filed in Sullivan-Ellard v. Cook Incorporated et al, Civil Action No. 2:14-cv-20686 by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER the member case from MDL 2440 Cook to MDL 2327 Ethicon; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 4/12/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (mek)
April 5, 2018 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-14357 Elliot-Mercer v. Cook Incorporated et al, WVSD CA 2:14-cv-03846 Johnston v. Cook Incorporated et al, WVSD CA 2:14-cv-03849 Gallagher v. Cook Incorporated et al, WVSD CA 2:14-cv-18572 Clifford v. Cook Incorporated et al, WVSD CA 2:15-cv-01165 Vanderpool et al v. Cook Incorporated et al, WVSD CA 2:15-cv-13384 McBride v. Cook Incorporated et al, WVSD CA 2:16-cv-09031 Lewis et al v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 4/5/2018. Plaintiffs Debbie Elliot-Mercer (WVSD CA 2:13-14357), Carol Johnston (WVSD CA 2:14-3846), Mary Gallagher (WVSD CA 2:14-3849), Naomi S. Clifford (WVSD CA 2:14-18572), Mary E. Vanderpool (WVSD CA 2:15-01165), Dennis Vanderpool (WVSD CA 2:15-01165), Angela McBride (WVSD CA 2:15-13384), Tena Laray Lewis (WVSD CA 2:16-09031), and William Lewis (WVSD CA 2:16-09031) terminated herein. (kp)
April 5, 2018 Opinion or Order Filing 631 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. to Transfer this member case from MDL 2440 Cook to MDL 2325 American Medical Systems filed in WVSD CA 2:13-cv-17086 Stormant v. Cook Medical, Inc. et al; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2325. Signed by Judge Joseph R. Goodwin on 4/5/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
April 2, 2018 MEMBER CASE TERMINATED: WVSD CA 2:14-cv-25192 Thornton et al v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 4/2/2018. Plaintiffs Constance E. Thornton (WVSD CA 2:14-25192) and David G. Thornton (WVSD CA 2:14-25192) terminated herein. (mek)
April 2, 2018 Opinion or Order Filing 630 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2326 Boston Scientific filed in WVSD CA 2:15-cv-06869 Fuller et al v. Boston Scientific Corporation; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 4/2/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
April 2, 2018 Opinion or Order Filing 629 ORDER granting the Motion filed in Gloria J. McGuire and Robert Dwaine McGuire, Civil Action No. 2:14-cv-30618 by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2326 Boston Scientific; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 4/2/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (mek)
March 30, 2018 MEMBER CASE TERMINATED: WVSD CA 2:14-cv-12011 Uyeda v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 3/30/2018. Plaintiff Katherine Uyeda (WVSD CA 2:14-12011) terminated herein. (mek)
March 16, 2018 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-00836 Hogan et al v. Cook Incorporated et al and WVSD CA 2:15-cv-13327 Martin et al v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 3/16/2018. Plaintiffs Frances Hogan (WVSD CA 2:13-0836), Robert Hogan (WVSD CA 2:13-0836), Margaret Martin (WVSD CA 2:15-13327) and William Martin (WVSD CA 2:15-13327) terminated herein. (mek)
March 15, 2018 MEMBER CASES TERMINATED: WVSD CA 2:14-cv-24589 Gardner et al v. Cook Incorporated et al, WVSD CA 2:13-cv-14095 Pickard et al v. Cook Incorporated et al, WVSD CA 2:13-cv-18566 Neal v. Cook Incorporated et al, WVSD CA 2:13-cv-19928 Lambert et al v. Cook Incorporated et al, WVSD CA 2:13-cv-20364 Roberts v. Cook Incorporated et al, WVSD CA 2:13-cv-20610 Robinson v. Cook Incorporated et al, WVSD CA 2:14-cv-22486 Robillard et al v. Cook Incorporated et al, WVSD CA 2:14-cv-23551 Paul et al v. Cook Incorporated et al, WVSD CA 2:15-cv-02137 Mast v. Cook Incorporated et al, WVSD CA 2:15-cv-02280 Mitchell v. Cook Incorporated et al, WVSD CA 2:15-cv-06857 Milligan et al v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 3/15/2018. Plaintiffs Jayne Gardner (WVSD CA 2:14-24589), David Gardner (WVSD CA 2:14-24589), Linda Pickard (WVSD CA 2:13-14095), Michael Pickard (WVSD CA 2:13-14095), Rosemary Neal (WVSD CA 2:13-18566), Michele Lambert (WVSD CA 2:13-19928), Jeffrey Lambert (WVSD CA 2:13-19928), Nancy Ann Roberts (WVSD CA 2:13-20364), Martha Robinson (WVSD CA 2:13-20610), Barbara Ruth Robillard (WVSD CA 2:14-22486), William Robillard (WVSD CA 2:14-22486), Heidi Paul (WVSD CA 2:14-23551), Matthew Paul (WVSD CA 2:14-23551), Robbyn A. Mast (WVSD CA 2:15-2137), Geneva Mitchell (WVSD CA 2:15-2280), Carolyn Milligan (WVSD CA 2:15-06857), and Edward Wayne Milligan (WVSD CA 2:15-06857) terminated herein. (kp)
March 13, 2018 MEMBER CASES TERMINATED: WVSD CA 2:14-cv-09993 Canty et al v. Cook Incorporated et al, WVSD CA 2:14-cv-22479 Darden et al v. Cook Incorporated et al, WVSD CA 2:14-cv-24157 Buford et al v. Cook Incorporated et al, WVSD CA 2:15-cv-05207 Brown v. Cook Incorporated et al, and WVSD CA 2:15-cv-09721 Burke et al v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 3/13/2018. Plaintiffs Mary Canty (WVSD CA 2:14-09993), Charlie Canty (WVSD CA 2:14-09993), Carol Darden (WVSD CA 2:14-22479), Richard Darden (WVSD CA 2:14-22479), Nathell Buford (WVSD CA 2:14-24157), Lawrence Buford (WVSD CA 2:14-24157), Mary Brown (WVSD CA 2:15-05207), Jack Brown (WVSD CA 2:15-05207), Barbara Burke (WVSD CA 2:15-09721) and Michael Burke (WVSD CA 2:15-09721) terminated herein. (brn)
March 12, 2018 Opinion or Order Filing 628 ORDER Member civil action 2:14-cv-29719, Stoner v. Covidien plc et al is transferred to the Bard MDL, 2:10-md-2187. Signed by Judge Joseph R. Goodwin on 3/12/2018. (cc: attys; any unrepresented party) (mek)
February 28, 2018 MEMBER CASE TERMINATED: WVSD CA 2:13-cv-22561 Baghvardani v. American Medical Systems, Inc., terminated pursuant to the Order entered in the member civil action on 2/28/2018. Plaintiff Fatoumeh Baghvardani (WVSD CA 2:13-22561) terminated herein. (mek)
February 27, 2018 Opinion or Order Filing 627 ORDER granting #580 MOTION by Rodney C. Olsen to Withdraw as Counsel of Record in MDL 2440 and all member cases related to MDL 2440 in which he appears; the court DIRECTS the Clerk to terminate Rodney C. Olsen in MDL 2440 and in each individual member case associated with MDL No. 2440, in which he appears. Signed by Judge Joseph R. Goodwin on 2/27/2018. (cc: counsel of record; any unrepresented party) (mek)
February 23, 2018 MEMBER CASE TRANSFERRED FROM MDL 2387 TO MDL 2440 pursuant to the Order entered on 2/23/2018: SDWV CA 2:14-cv-16696 Sweeney v. Cook Incorporated et al. (mek)
February 23, 2018 Opinion or Order Filing 626 MEMORANDUM OPINION AND ORDER granting the MOTION by Coloplast Corp. to Dismiss filed in Sweeney v. Menor Worldwide LLC et al, Civil Action Number 2:14-cv-16696; defendants Coloplast and Mentor are DISMISSED with prejudice in the member civil action; the action is TRASNFERRED to MDL 2440, the Cook MDL; and the Clerk is directed to disassociate the civil action as a member case in MDL 2387 and re-associate it with MDL 2440. Signed by Judge Joseph R. Goodwin on 2/23/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (mek)
January 29, 2018 MEMBER CASE TERMINATED: WVSD CA 2:14-cv-20242 Coleman et al v. Cook Incorporated et al terminated pursuant to the Order entered in the member civil action on 1/29/2018. Plaintiffs Connie Coleman (WVSD CA 2:14-20242) and James Coleman, Jr. (WVSD CA 2:14-20242) terminated herein. (brn)
January 29, 2018 Filing 625 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Substitute Susan M. Robinson as Counsel in lieu of David B. Thomas (Attachment: #1 Proposed Order)(Robinson, Susan)
January 25, 2018 Filing 624 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Withdrawal and Substitution of William M. Gage as Counsel in lieu of Christy D. Jones (Attachment: #1 Proposed Order)(Gage, William)
January 25, 2018 Opinion or Order Filing 623 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2326 Boston Scientific filed in WVSD CA 2:14-cv-30323 Dean et al v. Cook Incorporated et al. The Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 1/25/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
January 25, 2018 Opinion or Order Filing 622 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2326 Boston Scientific filed in WVSD CA 2:14-cv-30261 Burney et al v. Cook Incorporated, et al. The Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 1/25/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
January 25, 2018 MEMBER CASES TERMINATED: WVSD CA 2:15-cv-06862 Babione v. Cook Incorporated et al, WVSD CA 2:16-cv-01643 Corkin et al v. Cook Incorporated et al and WVSD CA 2:16-cv-10444 Chandler v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 1/25/2018. Plaintiffs Dora Babione (WVSD CA 2:15-06862), Peggy Corkin (WVSD CA 2:16-01643), Terry Corkin (WVSD CA 2:16-01643), and Mary Chandler (WVSD CA 2:16-10444) terminated herein. (mek)
January 24, 2018 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-21286 Latavitz v. Cook Medical, Inc. et al, WVSD CA 2:14-cv-00731 Cingolani et al v. Cook Incorporated et al, WVSD CA 2:14-cv-01714 Chandler v. Cook Incorporated et al, WVSD CA 2:14-cv-11800 Brown et al v. Cook Incorporated et al and WVSD CA 2:14-cv-23153 Thompson v. Cook Biotech, Inc. et al, terminated pursuant to the Orders entered in the member civil actions on 1/24/2018. Plaintiffs Anne Latavitz (WVSD CA 2:13-21286), Vickie L. Cingolani (WVSD CA 2:14-0731), John Cingolani (WVSD CA 2:14-0731), Heather Chandler (WVSD CA 2:14-01714), Linda Brown (WVSD CA 2:14-11800), Johnny Brown (WVSD CA 2:14-11800) and Phyllis Thompson (WVSD CA 2:14-23153) terminated herein. (mek)
January 24, 2018 Opinion or Order Filing 621 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2327 Ethicon filed in WVSD CA 2:14-cv-23048 Davidson et al v. Cook Incorporated, et al. The Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 1/24/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
January 24, 2018 Opinion or Order Filing 620 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2327 Ethicon filed in WVSD CA 2:14-cv-23049 Davis v. Cook Incorporated, et al. The Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 1/24/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
January 22, 2018 Filing 619 MOTION by Andrew Callahan for Withdrawal and Substitution of Jacob A. Flint as Counsel on behalf of Certain Plaintiffs (Callahan, Andrew)
January 16, 2018 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-19776 Sanders v. Cook Group, Inc. et al, and WVSD CA 2:14-cv-20710 Parker v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 1/16/2018. Plaintiffs Dorothy Sanders (WVSD CA 2:13-19776) and Connie Parker (WVSD CA 2:14-20710) terminated herein. (brn)
January 16, 2018 Opinion or Order Filing 618 ORDER granting the Motion filed in 2:13-cv-30754 Loague, et al v. Cook Incorporated, et al by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2327 Ethicon; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 1/16/2018. (cc: Clerk of the JPMDL; attys) (ts)
January 12, 2018 Filing 617 NOTICE OF FIRM NAME CHANGE by Anne M. Tarvin updating name and/or firm information on behalf of Certain Plaintiffs. (Tarvin, Anne)
January 12, 2018 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-10877 Lawson v. Cook Incorporated et al and 2:16-cv-01552 Ramsey et al v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 1/12/2018. Plaintiffs Cora Lawson (WVSD CA 2:13-10877), Mary L. Ramsey (WVSD CA 2:16-01552), and Jesse H. Crawford, Jr. (WVSD CA 2:16-01552) terminated herein. (kp)
January 11, 2018 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-15552 Bartlett et al v. Cook Group, Inc. et al, WVSD CA 2:13-cv-16275 Camac v. Cook Incorporated et al, WVSD CA 2:13-cv-18647 Crockett et al v. Cook Incorporated et al, and WVSD CA 2:13-cv-20197 Baker et al v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 1/11/2018. Plaintiffs Kathy L. Bartlett (WVSD CA 2:13-15552), Greg Bartlett (WVSD CA 2:13-15552), Margaret Victoria Camac (WVSD CA 2:13-16275), Elaine C. Crockett (WVSD CA 2:13-18647), Todd C. Crockett (WVSD CA 2:13-18647), Beverly Baker (WVSD CA 2:13-20197) and Tim Baker (WVSD CA 2:13-20197) terminated herein. (brn)
January 11, 2018 Opinion or Order Filing 616 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2326 Boston Scientific filed in WVSD CA 2:14-cv-13424 Bunch et al v. Cook Incorporated, et al. The Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 1/11/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
January 11, 2018 Opinion or Order Filing 615 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2327 Ethicon filed in WVSD CA 2:13-cv-20792 Rettele v. Ethicon, Inc. et al. The Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 1/11/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
January 11, 2018 Opinion or Order Filing 614 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical Inc. to Transfer this member case from MDL 2440, Cook to MDL 2327, Ethicon filed in WVSD CA 2:13-cv-20497 Roth et al v. Ethicon, Inc. et al. The Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 1/11/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
January 11, 2018 Opinion or Order Filing 613 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical Inc. to Transfer this member case from MDL 2440 Cook to MDL 2325 American Medical Systems filed in WVSD CA 2:13-cv-20371 Wright v. American Medical Systems. The Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2325. Signed by Judge Joseph R. Goodwin on 1/11/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
January 11, 2018 Opinion or Order Filing 612 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. To Transfer this member case from MDL 2440 to MDL 2187 filed in WVSD CA 2:13-cv-18561 Ashcroft v. Cook Incorporated, et al. The Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2187. Signed by Judge Joseph R. Goodwin on 1/11/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
January 11, 2018 Opinion or Order Filing 611 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2187 C. R. Bard filed in WVSD CA 2:13-cv-16079 Montford v. C. R. Bard, Inc. The Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2187. Signed by Judge Joseph R. Goodwin on 1/11/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
January 11, 2018 Opinion or Order Filing 610 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. to Transfer this member case from MDL 2440, Cook to MDL 2187, C. R. Bard filed in WVSD CA 2:13-cv-15703 May v. C. R. Bard, Inc. et al. The Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2187. Signed by Judge Joseph R. Goodwin on 1/11/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
January 11, 2018 Opinion or Order Filing 609 ORDER granting #33 MOTION by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. to Transfer this member case from MDL 2440, Cook to MDL, 2327 Ethicon filed in WVSD CA 2:13-cv-15592 Davis v. Ethicon, Inc. et al. The Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 1/11/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
January 9, 2018 Opinion or Order Filing 608 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical Inc. TO TRANSFER this member case from MDL 2440 to MDL 2327 filed in WVSD CA 2:13-cv-15701 Ainsworth et al v. Cook Medical, Inc. et al. The Clerk is ordered to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 1/9/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
January 9, 2018 MEMBER CASES TERMINATED: WVSD CA2:13-cv-26420 Kinsey et al v. Cook Biotech, Inc. et al, WVSD CA 2:14-cv-15272 Collins et al v. Cook Incorporated et al, WVSD CA 2:14-cv-16923 Serrano v. Cook Incorporated et al, WVSD CA 2:14-cv-18823 Wilbur et al v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 1/9/2018. Plaintiffs Nancy Kinsey (WVSD CA 2:13-26420), John Kinsey (WVSD CA 2:13-26420), Flora Collins (WVSD CA 2:14-15272), Greg Collins (WVSD CA 2:14-15272), Maria Serrano (WVSD CA 2:14-16923), Carol Wilbur (WVSD CA 2:14-18823), and Raymond Wilbur (WVSD CA 2:14-18823) terminated herein. (kp)
January 3, 2018 MEMBER CASE TERMINATED: WVSD CA 2:14-cv-11828 Burnett et al v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 1/3/2018. Plaintiffs Jeanne Kay Burnett and Terrell Burnett (WVSD CA 2:14-cv-11828) terminated herein. (mks)
December 22, 2017 MEMBER CASE TERMINATED: WVSD CA 2:13-cv-20362 Razo v. American Medical Systems, Inc., terminated pursuant to the Order entered in the member civil action on 12/22/2017. Plaintiff Gloria Elena Razo (WVSD CA 2:13-20362) terminated herein. (kp)
December 20, 2017 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-24789 Yarbrough et al v. Cook Incorporated et al, WVSD CA 2:14-cv-00521 Morris v. Cook Incorporated et al, WVSD CA 2:14-cv-10871 Jackson et al v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 12/20/2017. Plaintiffs Deborah Yarbrough (WVSD CA 2:13-24789), Cliff Yarbrough (WVSD CA 2:13-24789), Delinda Morris (WVSD CA 2:14-00521), Amy Jackson (WVSD CA 2:14-10871), and Michael Todd Jackson (WVSD CA 2:14-10871) terminated herein. (kp)
December 20, 2017 Opinion or Order Filing 607 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. to Transfer this member case from MDL 2440 Cook to MDL 2327 Ethicon filed in WVSD CA 2:14-cv-18868 Gallawa v. Cook Incorporated et al. The Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 12/20/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
December 19, 2017 Opinion or Order Filing 606 ORDER granting the MOTION by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2326 Boston Scientific filed in Civil Action No. 2:14-cv-11220, Pickett et al v. Cook Incorporated; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 12/19/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (mek)
December 15, 2017 MEMBER CASE TRANSFERRED FROM MDL 2326 to MDL 2440 pursuant to the Order entered on 12/15/2017: SDWV CA 2:14-cv-19609 Finch v. Cook Incorporated et al. (kp)
December 12, 2017 MEMBER CASES TERMINATED: WVSD CA 2:14-cv-13946 Hunt v. Cook Incorporated et al, WVSD CA 2:14-cv-22485 Henson v. Cook Incorporated et al and WVSD CA 2:14-cv-31298 Goodell v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 12/12/2017. Plaintiffs Tonya D. Hunt (WVSD CA 2:14-13946), Georgie L. Henson (WVSD CA 2:14-22485) and Shelia Goodell (WVSD CA 2:14-31298) terminated herein. (mek)
December 12, 2017 Opinion or Order Filing 605 ORDER granting the MOTION by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2387 Coloplast filed in Civil Action No. 2:16-cv-04795, Gutierrez et al v. cook Incorporated, Inc.; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2387. Signed by Judge Joseph R. Goodwin on 12/12/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (mek)
December 12, 2017 Opinion or Order Filing 604 ORDER granting the MOTION by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2326 Boston Scientific filed in Civil Action No. 2:14-cv-29698, Grinder v. Cook Incorporated, Inc.; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 12/12/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (mek)
December 12, 2017 Opinion or Order Filing 603 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2327 Ethicon filed in WVSD CA 2:14-cv-11178 Lunasco et al v. Ethicon, Inc. et al; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 12/12/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
December 8, 2017 Opinion or Order Filing 602 ORDER granting the MOTION filed in Civil Action No. 2:14-cv-22606, Avila v. Cook Incorporated, Inc.by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2327 Ethicon; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 12/8/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (mek)
December 7, 2017 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-19553 Perkins v. Cook Incorporated et al, WVSD CA 2:13-cv-30953 McLucas et al v. Cook Incorporated et al, WVSD CA 2:14-cv-21314 Parker et al v. Cook Incorporated et al, WVSD CA 2:14-cv-21342 Hampton et al v. Cook Incorporated et al, WVSD CA 2:14-cv-22092 Fentress et al v. Cook Incorporated et al, WVSD CA 2:14-cv-22239 Jordan v. Cook Incorporated et al, WVSD CA 2:14-cv-22685 Dorman et al v. Cook Incorporated et al, WVSD CA 2:14-cv-22707 Brayfield v. Cook Incorporated et al, WVSD CA 2:16-cv-10445 Felter et al v. Cook Incorporated et al and WVSD CA 2:16-cv-10448 Spurr et al v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 12/7/2017. Plaintiffs Janice Perkins (WVSD CA 2:13-19553), Valerie M. McLucas (WVSD CA 2:13-30953), George E. McLucas (WVSD CA 2:13-30953), Marilyn Parker (WVSD CA 2:14-21314), Wilbur Russell Parker (WVSD CA 2:14-21314), Jeannie Hampton (WVSD CA 2:14-21342), Marcellus Hampton (WVSD CA 2:14-21342), Jennie C. Fentress (WVSD CA 2:14-22092), Bobby Fentress (WVSD CA 2:14-22092), Joan Jordan (WVSD CA 2:14-22239), Margret Dorman (WVSD CA 2:14-22685), Nicholas Dorman (WVSD CA 2:14-22685), Wanda Brayfield (WVSD CA 2:14-22707), Jenny Felter (WVSD CA 2:16-10445), Brian Felter (WVSD CA 2:16-10445), Judith Spurr (WVSD CA 2:16-10448) and Gregory P. Spurr (WVSD CA 2:16-10448) terminated herein. (mek)
December 7, 2017 Opinion or Order Filing 601 ORDER granting the MOTION by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER 2:15-cv-07703 Strom v. Ethicon, Inc. et al from MDL 2440 Cook to MDL 2327 Ethicon; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 12/7/2017. (cc: attys; any unrepresented party) (kp)
December 7, 2017 Opinion or Order Filing 600 ORDER granting the MOTION by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER 2:16-cv-00301 Skach et al v. Boston Scientific Corporation from MDL 2440 Cook to MDL 2326 Boston Scientific; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 12/7/2017. (cc: attys; any unrepresented party) (kp)
December 7, 2017 Opinion or Order Filing 599 ORDER granting the MOTION by Cook Biotech, Inc., Cook Incoporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2326 Boston Scientific filed in Civil Action No. 2:13-cv-30376, Burleson v. Cook Incorporated et al; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 12/7/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (mek)
December 5, 2017 MEMBER CASE TRANSFERRED FROM MDL 2326 TO MDL 2440 pursuant to the Order entered on 12/5/2017: SDWV CA 2:13-cv-14095 Pickard et al v. Boston Scientific Corporation et al. (brn)
November 27, 2017 MEMBER CASE TERMINATED: WVSD CA 2:13-cv-20352 Gamble v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 11/27/2017. Plaintiff Patricia Ruth Gamble (WVSD CA 2:13-20352) terminated herein. (kp)
November 21, 2017 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-20199 Friend v. Cook Incorporated et al, WVSD CA 2:14-cv-18822 Ferguson v. Cook Incorporated et al, WVSD CA 2:14-cv-22487 Stephan v. Cook Incorporated et al, WVSD CA 2:14-cv-23438 McPherson et al v. Cook Incorporated et al, WVSD CA 2:15-cv-00365 Haggard et al v. Cook Incorporated et al, WVSD CA 2:15-cv-02647 Pelfrey et al v. Cook Incorporated et al, and WVSD CA 2:15-cv-14792 Emineth v. Cook Incorporated et al terminated pursuant to the Orders entered in the member civil actions on 11/21/2017. Plaintiffs Melinda Friend (WVSD CA 2:13-20199), Kandice Ferguson (WVSD CA 2:14-18822), Tammie Lea Stephan (WVSD CA 2:14-22487), Patricia A. McPherson (WVSD CA 2:14-23438), Arthur McPherson (WVSD CA 2:14-23438), Brenda Haggard (WVSD CA 2:15-00365), W. L. Haggard (WVSD CA 2:15-00365), Ladonna Pelfrey (WVSD CA 2:15-2647), Jeff Pelfrey (WVSD CA 2:15-2647) and Sandra Emineth (WVSD CA 2:15-14792) terminated herein. (brn)
November 21, 2017 Opinion or Order Filing 598 ORDER granting the Motion filed in Civil Action No. 2:15-cv-08884, Kroop v. Cook Incorporated, Inc. by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. to transfer the member case from MDL 2440 Cook to MDL 2327 Ethicon; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 11/21/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (mek)
November 16, 2017 MEMBER CASES TRANSFERRED FROM MDL 2326 to MDL 2440 pursuant to the Orders entered on 11/16/2017: SDWV CA 2:14-cv-17221 Caldwell v. Cook Incorporated et al and SDWV CA 2:14-cv-23454 Little v. Cook Incorporated et al. (mek)
November 14, 2017 MEMBER CASE TRANSFERRED FROM MDL 2187 to MDL 2440 pursuant to the Order entered on 11/14/2017: SDWV CA 2:15-cv-09739 Crowder et al v. Cook Incorporated et al. (mek)
November 13, 2017 MEMBER CASES TRANSFERRED FROM MDL 2326 to MDL 2440 pursuant to the Orders entered on 11/13/2017: SDWV CA 2:14-cv-09993, Canty et al v. Cook Incorporated et al and SDWV CA 2:14-cv-23153, Thompson v. Cook Biotech, Inc. et al. (kp)
November 13, 2017 Opinion or Order Filing 597 ORDER (Dismissing Defendant Boston Scientific Corp. with Prejudice and Transferring Cases to MDL 2440) granting Joint Motion by Boston Scientific Corporation, Certain Plaintiffs to Dismiss With Prejudice and Motion to Transfer this member case from MDL 2326 Boston Scientific to MDL 2440 Cook filed in MDL 2326. Defendant BSC is DISMISSED WITH PREJUDICE as a defendant in the actions listed in Exhibit A, these actions are TRANSFERRED to MDL 2440, and the Clerk is directed to disassociate these civil actions as member cases in MDL 2326 and re-associate them with MDL 2440. To the extent the Amended Short Form Complaint has not been filed, plaintiff's counsel is DIRECTED to file an Amended Short Form Complaint within the time frame stated in the motion. Signed by Judge Joseph R. Goodwin on 11/13/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
November 13, 2017 Opinion or Order Filing 596 ORDER (Dismissing Defendant Boston Scientific Corp. with Prejudice and Transferring Cases to MDL 2440) granting Joint Motion by Boston Scientific Corporation, Certain Plaintiffs to Dismiss With Prejudice and Motion to Transfer this member case from MDL 2326 Boston Scientific to MDL 2440 Cook filed in MDL 2326. Defendant BSC is DISMISSED WITH PREJUDICE as a defendant in the actions listed in Exhibit A, these actions are TRANSFERRED to MDL 2440, and the Clerk is directed to disassociate these civil actions as member cases in MDL 2326 and re-associate them with MDL 2440. To the extent the Amended Short Form Complaint has not been filed, plaintiff's counsel is DIRECTED to file an Amended Short Form Complaint within the time frame stated in the motion. Signed by Judge Joseph R. Goodwin on 11/13/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
November 6, 2017 Opinion or Order Filing 595 ORDER granting the Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. filed in Civil Action No. 2:16-cv-10446, Marsh v. C. R. Bard, Inc. TO TRANSFER the member case from MDL 2440 Cook to MDL 2187 C. R. Bard; directing the Clerk to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2187. Signed by Judge Joseph R. Goodwin on 11/6/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (mek)
November 2, 2017 Opinion or Order Filing 594 ORDER denying #585 JOINT MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Certain Plaintiffs to Dismiss With Prejudice. Signed by Judge Joseph R. Goodwin on 11/2/2017. (cc: attys; any unrepresented party) (mek)
October 30, 2017 MEMBER CASES TERMINATED: SDWV CA 2:13-cv-02644 Green et al v. Cook Medical, Inc. et al, SDWV CA 2:13-cv-21567 Walker v. Cook Incorporated et al, SDWV CA 2:13-cv-26453 Clementz et al v. Cook Group, Inc. et al, SDWV CA 2:13-cv-28506 Edwards v. Cook Incorporated et al, SDWV CA 2:13-cv-30126 Henson v. Cook Incorporated et al, SDWV CA 2:13-cv-30140 Baskett v. Cook Incorporated et al, SDWV CA 2:14-cv-09823 Adams v. Cook Incorporated et al, SDWV CA 2:14-cv-11746 Jackson v. Cook Incorporated et al and SDWV CA 2:14-cv-17187 Jackson v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 10/30/2017. Plaintiffs Julie Green (WVSD CA 2:13-2644), Larry Green (WVSD CA 2:13-2644), Tamalita Walker (WVSD CA 2:13-21567), Connie Clementz (WVSD CA 2:13-26453), Roger Clementz (WVSD CA 2:13-26453), Sharon Edwards (WVSD CA 2:13-28506), Julie Ann Henson (WVSD CA 2:13-30126), Betty Baskett (WVSD CA 2:13-30140), Patsy Adams (WVSD CA 2:14-9823), Virginia Kay Jackson (WVSD CA 2:14-11746) and Diane Jackson (WVSD CA 2:14-17187) terminated herein. (mek)
October 18, 2017 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-18958 Beck v. Cook Incorporated et al and WVSD CA 2:14-cv-10465 Barnett v. Cook Medical, Inc., terminated pursuant to the Orders entered in the member civil actions on 10/18/2017. Plaintiffs Debra Beck (WVSD CA 2:13-18958) and Bessie W. Barnett (WVSD CA 2:14-10465). (mek)
October 16, 2017 MEMBER CASES TERMINATED: WVSD CA 2:14-cv-03020 Leverett et al v. Cook Incorporated et al, WVSD CA 2:14-cv-04798 Lavoie v. Cook Incorporated et al, WVSD CA 2:14-cv-07817 McCroskey v. Cook Incorporated et al, WVSD CA 2:14-cv-19891 Rosado v. Cook Incorporated et al, WVSD CA 2:14-cv-22710 Dobson et al v. Cook Incorporated et al, WVSD CA 2:14-cv-25036 Garrison v. Cook Incorporated et al, WVSD CA 2:14-cv-25129 Presley v. Cook Incorporated et al, WVSD CA 2:14-cv-26942 Nelson v. Cook Incorporated et al, WVSD CA 2:14-cv-27435 Sanders v. Cook Incorporated et al, WVSD CA 2:14-cv-29210 Skaggs v. Cook Medical, Inc., WVSD CA 2:15-cv-12729 Blithe et al v. Cook Incorporated et al, WVSD CA 2:15-cv-13274 Brown et al v. Cook Incorporated et al, WVSD CA 2:15-cv-16071 Sanders et al v. Cook Incorporated et al, WVSD CA 2:15-cv-04090 Tuckness et al v. Cook Incorporated et al and WVSD CA 2:15-cv-05545 Cross v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 10/16/2017. Plaintiffs Geraldine J. Leverett (WVSD CA 2:14-3020), Wiley L. Leverett (WVSD CA 2:14-3020), Sandra Lavoie (WVSD CA 2:14-4798), Marsha L. McCroskey (WVSD CA 2:14-07817), Betty Rosado (WVSD CA 2:14-19891), Gloria Dobson (WVSD CA 2:14-22710), David Dobson (WVSD CA 2:14-22710), Virginia Garrison (WVSD CA 2:14-25036), Georgia Presley (WVSD CA 2:14-25129), Teresa Nelson (WVSD CA 2:14-26942), Raye Ann Sanders (WVSD CA 2:14-27435), Janice L. Skaggs (WVSD CA 2:14-29210), Kyle Blithe (WVSD CA 2:15-12729), James Blithe (WVSD CA 2:15-12729), Marcia E. Brown (WVSD CA 2:15-13274), David C. Brown (WVSD CA 2:15-13274), Regina Sanders (WVSD CA 2:15-16071), James Sanders (WVSD CA 2:15-16071), Debbie Tuckness (WVSD CA 2:15-4090), Eddie Tuckness (WVSD CA 2:15-4090) and Clara M. Cross (WVSD CA 2:15-05545) terminated herein. (mek)
October 16, 2017 Opinion or Order Filing 593 ORDER granting the Motion filed in Kenley v. Cook Incorporated et al Civil Action No. 2:14-cv-17608 by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2326 Boston Scientific; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 10/16/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (mek)
October 13, 2017 Opinion or Order Filing 592 ORDER granting #588 MOTION by All Plaintiffs to Appoint the Hon. Daniel J. Stack, Ret., as External Review Specialist; the Hon. Daniel J. Stack, Ret. is appointed to exercise the duties as set forth in #503 Pretrial Order # 81. Signed by Judge Joseph R. Goodwin on 10/13/2017. (cc: attys; any unrepresented party) (kp)
October 12, 2017 MEMBER CASES TERMINATED: WVSD CA WVSD CA 2:13-cv-20698 Gann v. Cook Incorporated et al, WVSD CA 2:13-cv-21164 Lyons et al v. Cook Incorporated et al, WVSD CA 2:14-cv-01816 Milligan et al v. Cook Incorporated et al, WVSD CA 2:14-cv-16006 Loken v. Cook Incoporated et al, terminated pursuant to the Orders entered in the member civil actions on 10/12/2017. Plaintiffs Carol Gann (WVSD CA 2:13-20698), Ola A. Lyons (WVSD CA 2:13-21164), George E. Lyons (WVSD CA 2:13-21164), Pamela F. Milligan (WVSD CA 2:14-01816), Kenneth Ray Milligan (WVSD CA 2:14-01816), and Ila Loken (WVSD CA 2:14-16006) terminated herein. (kp)
October 12, 2017 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-26268 McIntyre et al v. Cook Incorporated et al, WVSD CA 2:14-cv-11157 Strickland v. Cook Incorporated et al, WVSD CA 2:16-cv-00082 Watt v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 10/12/2017. Plaintiffs Winogene N. McIntyre (WVSD CA 2:13-26268), Bruce C. McIntyre (WVSD CA 2:13-26268), Priscilla Strickland (WVSD CA 2:14-11157), and Julie Watt (WVSD CA 2:16-00082) terminated herein. (kp)
October 12, 2017 Opinion or Order Filing 591 ORDER granting the Motion by Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2327 Ethicon filed in 2:14-cv-24971, Robinson et al v. Cook Medical, Inc. et al; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 10/12/2017. (cc: Clerk of the JPMDL, attys; any unrepresented party) (mek)
October 12, 2017 Opinion or Order Filing 590 ORDER granting the Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER the member case from MDL 2440 Cook to MDL 2326 Boston Scientific filed in 2:14-cv-00594, Carl v. Cook Incorporated et al; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 10/12/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (mek)
October 11, 2017 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-33730 Lee et al v. Cook Incorporated et al, WVSD CA 2:13-cv-31736 Stewart et al v. Cook Incorporated et al, WVSD CA 2:14-cv-10799 Flannagan et al v. Cook Incorporated et al, WVSD CA 2:13-cv-07607 Hicks et al v. Cook Incorporated et al, WVSD CA 2:13-cv-31199 McDonald et al v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 10/11/2017. Plaintiffs April C. Lee (WVSD CA 2:13-33730), Bobby Lee (WVSD CA 2:13-33730), Angela M. Stewart (WVSD CA 2:13-31736), James Stewart (WVSD CA 2:13-31736), Janice Flannagan (WVSD CA 2:14-10799), Jeffery Flannagan (WVSD CA 2:14-10799), Sandra K. Hicks (WVSD CA 2:13-7607), Harrison Hicks (WVSD CA 2:13-7607), Carolyn A. McDonald (WVSD CA 2:13-31199), and Carl McDonald (WVSD CA 2:13-31199) terminated herein. (kp)
October 11, 2017 Opinion or Order Filing 589 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2327 Ethicon filed in WVSD CA 2:13-31735 Cooley v. Cook Incorporated, et al. The Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 10/11/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
October 10, 2017 MEMBER CASES TERMINATED: WVSD CA 2:12-cv-00418 Coruthers v. Cook Incorporated et al, WVSD CA 2:13-cv-15576 Burroughs v. Cook Incorporated et al, WVSD CA 2:13-cv-15587 Dyson v. Cook Incorporated et al, WVSD CA 2:13-cv-20346 Blythe v. Cook Incorporated et al, WVSD CA 2:13-cv-20818 Rivera et al v. Cook Incorporated et al, WVSD CA 2:13-cv-21677 Perez v. Cook Incorporated et al, WVSD CA 2:13-cv-32701 Niccum v. Cook Incorporated et al, WVSD CA 2:14-cv-07592 Gwaltney v. Cook Incorporated et al, WVSD CA 2:14-cv-14980 Ramsey v. Cook Incorporated et al, WVSD CA 2:14-cv-20051 McDonald v. Cook Incorporated et al, WVSD CA 2:15-cv-00484 Madhoun v. Cook Incorporated et al, WVSD CA 2:15-cv-00679 Laurella v. Cook Incorporated et al, WVSD CA 2:16-cv-04169 Grant et al v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 10/10/2017. Plaintiffs Elois Coruthers (WVSD CA 2:12-0418), Sandra White Burroughs (WVSD CA 2:13-15576), Karen Dyson (WVSD CA 2:13-15587), Barbara Elaine Blythe (WVSD CA 2:13-20346), Juana Rivera (WVSD CA 2:13-20818), Gomez Rivera (WVSD CA 2:13-20818), Sally R. Perez (WVSD CA 2:13-21677), Marian Niccum (WVSD CA 2:13-32701), Robin L. Gwaltney (WVSD CA 2:14-7592), Bennette Ramsey (WVSD CA 2:14-14980), Worneance McDonald (WVSD CA 2:14-20051), Kathleen Madhoun (WVSD CA 2:15-00484), Brenda G. Laurella (WVSD CA 2:15-00679), Elaine Grant (WVSD CA 2:16-04169), and Ruth Grant (WVSD CA 2:16-04169) terminated herein. (rec)
October 4, 2017 Filing 588 MOTION by All Plaintiffs to Appoint the Hon. Daniel J. Stack, Ret., as External Review Specialist (Attachment: #1 Proposed Order)(Garrard, Henry)
September 28, 2017 Filing 587 MOTION by Thomas G. Wilson to Withdraw as Counsel in MDL No. 2440, as well as in each individual member case with which he may have been associated (Wilson, Thomas)
September 27, 2017 Opinion or Order Filing 586 PRETRIAL ORDER # 83 (ORDER RE: TRANSFERS FROM THE MDL PANEL AND DIRECT FILINGS) In light of the small number of filings in this MDL since January 2017 and for other reasons appearing to the court, the court has requested that the Judicial Panel on Multidistrict Litigation no longer transfer cases to MDL 2440. On 8/21/2017, the Panel entered a Minute Order to that effect. See #523 Minute Order Suspending Rule 7.1. The court ORDERS that (1) plaintiffs may no longer direct file claims against Cook Incorporated, Cook Medical Incorporated, and Cook Biotech Inc. in the Cook MDL (as set forth in PTO # 13); and (2) if a plaintiff has a claim against these defendants and another MDL defendant and wishes to direct file in the Southern District of West Virginia, the plaintiff is directed to file in the appropriate MDL other than Cook. Signed by Judge Joseph R. Goodwin on 9/27/2017. (cc: Clerk of the JPMDL; attys) (REF: ALL CASES) (ts)
September 26, 2017 Filing 585 JOINT MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Certain Plaintiffs to Dismiss With Prejudice (Jones, Christy) (Modified on 9/26/2017 to add party filers) (ts).
September 21, 2017 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-28635 Butler et al v. Cook Biotech, Inc. et al, WVSD CA 2:15-cv-06501 Smith et al v. Cook Incorporated et al, WVSD CA 2:15-cv-07166 Swenson v. Cook Incorporated et al, WVSD CA 2:15-cv-09176 Powers v. Cook Incorporated et al, WVSD CA 2:15-cv-11588 Libel et al v. Cook Incorporated et al, WVSD CA 2:15-cv-12377 Jordan et al v. Cook Incorporated et al, WVSD CA 2:15-cv-14428 Condon v. Cook Incorporated et al, WVSD CA 2:16-cv-01523 Williams v. Cook Incorporated et al, and WVSD CA 2:16-cv-02452 Nelson v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 9/21/2017. Plaintiffs Dorothy Butler (WVSD CA 2:13-28635), Oscar Butler (WVSD CA 2:13-28635), Elizabeth Smith (WVSD CA 2:15-06501), Michael Smith (WVSD CA 2:15-06501), Kathy Swenson (WVSD CA 2:15-07166), Candice Powers (WVSD CA 2:15-09176), Jackelon Joan Libel (WVSD CA 2:15-11588), John J. Libel (WVSD CA 2:15-11588), Tami Lynne Jordan (WVSD CA 2:15-12377), Glenn A. Jordan (WVSD CA 2:15-12377), Josephine Condon (WVSD CA 2:15-14428), Sherrie Moore Williams (WVSD CA 2:16-01523) and Kathi Nelson (WVSD CA 2:16-02452) terminated herein. (brn)
September 20, 2017 MEMBER CASES TERMINATED: WVSD CA 2:15-cv-00568 Struchen-Mishow v. Cook Incorporated et al and WVSD CA 2:15-cv-03423 Chipps v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 9/20/2017. Plaintiffs Susan Struchen-Mishow (WVSD CA 2:15-00568) and Michelle R. Chipps (WVSD CA 2:15-03423) terminated herein. (mks)
September 20, 2017 Opinion or Order Filing 584 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2327 Ethicon filed in WVSD CA 2:14-cv-30414 Buford v. Cook Incorporated, et al; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 9/20/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
September 20, 2017 Opinion or Order Filing 583 ORDER granting the MOTION by Judith Fetheroff TO TRANSFER this member case from MDL 2440 Cook to MDL 2327 Ethicon: the Clerk is directed to disassociate 2:16-cv-08305 Fetheroff v. Ethicon, Inc. et al as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 9/20/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (st)
September 19, 2017 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-19162 Craft et al v. Cook Medical, Inc. et al, WVSD CA 2:13-cv-20913 Compagna v. Cook Incorporated et al, WVSD CA 2:13-cv-21339 Fortschneider et al v. Cook Incorporated et al, WVSD CA 2:14-cv-01428 Davis et al v. Cook Incorporated et al, WVSD CA 2:14-cv-04164 Taylor v. Cook Incorporated et al, WVSD CA 2:14-cv-10567 Christian et al v. Cook Incorporated et al, WVSD CA 2:14-cv-11137 Cantrell et al v. Cook Incorporated et al, WVSD CA 2:14-cv-11144 Garvey v. Cook Incorporated et al, WVSD CA 2:14-cv-11154 Herod et al v. Cook Incorporated et al, WVSD CA 2:14-cv-19278 Wischmann et al v. Cook Incorporated et al, WVSD CA 2:14-cv-20426 Peterman et al v. Cook Incorporated et al, WVSD CA 2:14-cv-21918 Barrett v. Cook Incorporated et al, WVSD CA 2:14-cv-26616 Messenger et al v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 9/19/2017. Plaintiffs Victoria Craft (WVSD CA 2:13-19162), Carl Craft (WVSD CA 2:13-19162), Lisa Compagna (WVSD CA 2:13-20913), Deborah A. Fortschneider (WVSD CA 2:13-21339), Stephen L. Fortschneider (WVSD CA 2:13-21339), Karin Davis (WVSD CA 2:14-1428), Forrest Davis (WVSD CA 2:14-1428), Teresa Ann Taylor (WVSD CA 2:14-4164), Kathy Christian (WVSD CA 2:14-10567), J. C. Christian, Jr. (WVSD CA 2:14-10567), Christal Cantrell (WVSD CA 2:14-11137), Chris Cantrell (WVSD CA 2:14-11137), Diane Garvey (WVSD CA 2:14-11144), Sylvia Herod (WVSD CA 2:14-11154), Bobby Herod (WVSD CA 2:14-11154), Deborah Wischmann (WVSD CA 2:14-19278), Steve Wischmann (WVSD CA 2:14-19278), Catherine Peterman (WVSD CA 2:14-20426), James Peterman (WVSD CA 2:14-20426), Shirley Barrett (WVSD CA 2:14-21918), Joan Messenger (WVSD CA 2:14-26616), and Paul Messenger (WVSD CA 2:14-26616) terminated herein. (kp)
September 19, 2017 Opinion or Order Filing 582 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2327 Ethicon filed in WVSD CA 2:14-cv-11156 Racca et al v. Cook Incorporated, et al; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 9/19/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
September 19, 2017 Opinion or Order Filing 581 ORDER granting the MOTION TO TRANSFER MDL by Cook Incorporated, Cook Biotech, Inc., and Cook Medical, Inc. TO TRANSFER 2:14-cv-11153 Miller et al v. American Medical Systems, Inc. from MDL 2440, In Re: Cook Medical, Inc., Pelvic Repair System Products Liability Litigation, to MDL 2325, American Medical Systems, Inc., Pelvic Repair System Products Liability Litigation; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2325. Signed by Judge Joseph R. Goodwin on 9/19/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (rec)
September 18, 2017 MEMBER CASES TERMINATED: WVSD CA 2:12-cv-02902 Gilkey v. Cook Incorporated et al, WVSD CA 2:13-cv-14117 Wynn et al v. Cook Group, Inc. et al, WVSD CA 2:13-cv-14723 Mansfield v. Cook Incorporated et al, WVSD CA 2:13-cv-15599 Schrembeck v. Cook Incorporated et al, WVSD CA 2:13-cv-16472 Nerren v. Cook Incorporated et al, WVSD CA 2:13-cv-20345 Baldwin v. Cook Incorporated et al, WVSD CA 2:13-cv-20365 Rogers v. Cook Incorporated et al, WVSD CA 2:13-cv-20368 Smead v. Cook Incorporated et al, WVSD CA 2:13-cv-20977 Stoner v. Cook Incorporated et al, WVSD CA 2:14-cv-01770 Gilbreth v. Cook Incorporated et al, and WVSD CA 2:14-cv-06003 Brinkley et al v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 9/18/2017. Plaintiffs Wanda Gilkey (WVSD CA 2:12-2902), Melinda Wynn (WVSD CA 2:13-14117), Donald Wynn (WVSD CA 2:13-14117), Shelia Mansfield (WVSD CA 2:13-14723), Leslie Dale Schrembeck (WVSD CA 2:13-15599), Janet A. Nerren (WVSD CA 2:13-16472), Shelethia Baldwin (WVSD CA 2:13-20345), Juana Maria Rogers (WVSD CA 2:13-20365), Joyce M. Smead (WVSD CA 2:13-20368), Karen Stoner (WVSD CA 2:13-20977), Linda Mae Gilbreth (WVSD CA 2:14-01770), Mary E. Brinkley (WVSD CA 2:14-6003) and Gary Brinkley (WVSD CA 2:14-6003) terminated herein. (brn)
September 18, 2017 Filing 580 MOTION by Rodney C. Olsen to Withdraw as Counsel of Record in MDL 2440 and all member cases related to MDL 2440 in which he appears. (Attachment: #1 Proposed Order - Order Allowing Withdrawal)(Olsen, Rodney) (Modified on 9/18/2017 to remove party filers) (kp).
September 14, 2017 Opinion or Order Filing 579 ORDER granting the MOTION by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER 2:14-cv-11150 Lynch et al v. Ethicon, Inc. et al from MDL 2440 Cook to MDL 2327 Ethicon; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 9/14/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (kp)
September 14, 2017 MEMBER CASE TERMINATED: WVSD CA 2:14-cv-13660 Quinley v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 9/14/2017. Plaintiff Diann Quinley (WVSD CA 2:14-13660) terminated herein. (kp)
September 13, 2017 MEMBER CASES TERMINATED: WVSD CA 2:14-cv-21878 Perfect et al v. Cook Incorporated et al, WVSD CA 2:14-cv-23510 Noble v. Cook Incorporated et al, WVSD CA 2:14-cv-23511 Pendergrass v. Cook Incorporated et al, WVSD CA 2:14-cv-25647 Hopper et al v. Cook Incorporated et al, WVSD CA 2:14-cv-25729 Lopes v. Cook Incorporated et al, WVSD CA 2:14-cv-25982 Pepper v. Cook Incorporated et al, WVSD CA 2:15-cv-00771 Martinez et al v. Cook Incorporated et al, WVSD CA 2:15-cv-01055 Obregon v. Cook Incorporated et al, WVSD CA 2:15-cv-07323 Blesener v. Cook Incorporated et al, WVSD CA 2:15-cv-08275 Peoples v. Cook Incorporated et al, WVSD CA 2:15-cv-09769 Severino v. Cook Incorporated et al, WVSD CA 2:15-cv-11032 Phillips v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 9/13/2017. Plaintiffs Shirley J. Perfect (WVSD CA 2:14-21878), Eric S. Perfect (WVSD CA 2:14-21878), Patricia Noble (WVSD CA 2:14-23510), Majoria Pendergrass (WVSD CA 2:14-23511), Deborah Hopper (WVSD CA 2:14-25647), Michael Hopper (WVSD CA 2:14-25647), Pamela S. Lopes (WVSD CA 2:14-25729), Cynthia Pepper (WVSD CA 2:14-25982), Alicia Martinez (WVSD CA 2:15-00771), Octavio Martinez (WVSD CA 2:15-00771), Martha Obregon (WVSD CA 2:15-01055), Valerie Blesener (WVSD CA 2:15-07323), Carol Peoples (WVSD CA 2:15-08275), Nancy R. Severino (WVSD CA 2:15-09769), and Kellie Phillips (WVSD CA 2:15-11032) terminated herein. (kp)
September 13, 2017 Opinion or Order Filing 575 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER member case from MDL 2440 Cook to MDL 2327 Ethicon, Inc. filed in WVSD CA 2:15-cv-12409 Stumpff v. Cook Incorporated, et al; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 9/11/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (ts)
September 13, 2017 Opinion or Order Filing 573 ORDER granting the MOTION by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER 2:15-cv-11655 Steinbach v. Ethicon, Inc. et al from MDL 2440 Cook to MDL 2325 American Medical Systems; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2325. Signed by Judge Joseph R. Goodwin on 9/13/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (kp)
September 13, 2017 Opinion or Order Filing 572 ORDER granting the MOTION by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER 2:15-cv-11788 Smith v. Ethicon, Inc. et al from MDL 2440 Cook to MDL 2327 Ethicon; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 9/13/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (kp)
September 13, 2017 Opinion or Order Filing 571 ORDER granting the MOTION by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER 2:16-cv-02408 Mooneyhan v. American Medical Systems, Inc. from MDL 2440 Cook to MDL 2325 American Medical Systems; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2325. Signed by Judge Joseph R. Goodwin on 9/13/2017. (cc: Clerk of the JPDML; attys; any unrepresented party) (kp)
September 13, 2017 Opinion or Order Filing 570 ORDER granting the MOTION by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER 2:15-cv-11529 Moon v. American Medical Systems, Inc. from MDL 2440 Cook to MDL 2325 American Medical Systems; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2325. Signed by Judge Joseph R. Goodwin on 9/13/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (kp)
September 13, 2017 Opinion or Order Filing 569 ORDER granting the MOTION by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER 2:15-cv-04807 Silver et al v. Ethicon, Inc. et al from MDL 2440 Cook to MDL 2327 Ethicon; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 9/13/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (kp)
September 13, 2017 Opinion or Order Filing 568 ORDER granting the MOTION by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER 2:15-cv-01854 Stoneman et al v. American Medical Systems, Inc. from MDL 2440 Cook to MDL 2325 American Medical Systems; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2325. Signed by Judge Joseph R. Goodwin on 9/13/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (kp)
September 12, 2017 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-16478 Stormant v. Cook Medical, Inc. et al, WVSD CA 2:13-cv-17053 Webb v. Cook Medical, Inc. et al, WVSD CA 2:13-cv-17093 Reimer v. Cook Medical, Inc. et al, WVSD CA 2:13-cv-17354 Hughes v. Cook Medical, Inc. et al, WVSD CA 2:13-cv-17402 Lundy v. Cook Incorporated et al, WVSD CA 2:13-cv-24167 McDowell et al v. Cook Medical, Inc. et al, WVSD CA 2:14-cv-09685 Mattus et al v. Cook Incorporated et al, and WVSD CA 2:14-cv-14785 Holloway v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 9/12/2017. Plaintiffs Rosemarie Stormant (WVSD CA 2:13-16478), Lisa A. Webb (WVSD CA 2:13-17053), Harriette T. Reimer (WVSD CA 2:13-17093), Billie Hughes (WVSD CA 2:13-17354), Sheena Lundy (WVSD CA 2:13-17402), Marie McDowell (WVSD CA 2:13-24167), Randy McDowell (WVSD CA 2:13-24167), Julie Mattus (WVSD CA 2:14-9685), Jeffrey Mattus (WVSD CA 2:14-9685) and Yvonne Holloway (WVSD CA 2:14-14785) terminated herein. (brn)
September 12, 2017 Opinion or Order Filing 567 ORDER granting the MOTION by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER 2:14-cv-15540 Jackson v. Cook Incorporated et al from MDL 2440 Cook to MDL 2327 Ethicon; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 9/12/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (kp)
September 12, 2017 Opinion or Order Filing 566 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2325 American Medical Systems filed in WVSD CA 2:13-cv-15821 Walker v. Cook Incorporated, et al; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2325. Signed by Judge Joseph R. Goodwin on 9/12/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
September 12, 2017 Opinion or Order Filing 565 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2327 Ethicon filed in WVSD CA 2:13-cv-19932 Fleming v. Cook Incorporated, et al; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 9/12/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
September 11, 2017 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-14223 Heiser v. Cook Incorporated et al, WVSD CA 2:14-cv-12851 Hicks v. Cook Incorporated et al, and WVSD CA 2:15-cv-00487 Griffin v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 9/11/2017. Plaintiffs Patricia Heiser (WVSD CA 2:13-14223), Cristal Hicks (WVSD CA 2:14-12851), and Joyce R. Griffin (WVSD CA 2:15-00487) terminated herein. (ts)
September 11, 2017 Opinion or Order Filing 578 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER member case from MDL 2440 Cook to MDL 2327 Ethicon, Inc. filed in WVSD CA 2:17-cv-00071 Buchanan v. Cook Incorporated, et al; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 9/11/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (ts)
September 11, 2017 Opinion or Order Filing 577 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER member case from MDL 2440 Cook to MDL 2326 Boston Scientific Corporation filed in WVSD CA 2:13-cv-19970 McKee v. Cook Incorporated, et al; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 9/11/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (ts)
September 11, 2017 Opinion or Order Filing 576 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER member case from MDL 2440 Cook to MDL 2326 Boston Scientific Corporation filed in WVSD CA 2:15-cv-11793 Gluckhertz v. Cook Incorporated, et al; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 9/11/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (ts)
September 11, 2017 Opinion or Order Filing 574 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2327 Ethicon, Inc. filed in WVSD CA 2:13-cv-14115 Holland, et al v. Cook Incorporated, et al; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 9/11/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (ts)
September 11, 2017 Opinion or Order Filing 564 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2326 Boston Scientific filed in WVSD CA 2:16-cv-05616 Prince et al v. Boston Scientific Corporation; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 9/11/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
September 11, 2017 Opinion or Order Filing 563 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2326 Boston Scientific filed in WVSD CA 2:16-cv-08036 Head v. Boston Scientific Corporation; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 9/11/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
September 11, 2017 Opinion or Order Filing 562 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2326 Boston Scientific filed in WVSD CA 2:16-cv-08351 Nunez et al v. Boston Scientific Corporation; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 9/11/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
September 11, 2017 Opinion or Order Filing 561 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2327 Ethicon filed in WVSD CA 2:16-cv-08425 Hicks v. Ethicon, Inc. et al; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 9/11/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
September 11, 2017 Opinion or Order Filing 560 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2327 Ethicon filed in WVSD CA 2:16-cv-08426 Riley v. Ethicon, Inc. et al; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 9/11/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
September 11, 2017 Opinion or Order Filing 559 ORDER granting the MOTION by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER 2:15-cv-12615 Erke et al v. C. R. Bard, Inc. et al from MDL 2440 Cook to MDL 2325 American Medical Systems; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2325. Signed by Judge Joseph R. Goodwin on 9/11/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (kp)
September 11, 2017 Opinion or Order Filing 558 ORDER granting the MOTION by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER 2:15-cv-12376 Clark v. Ethicon, Inc. et al from MDL 2440 Cook to MDL 2327 Ethicon; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 9/11/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (kp)
September 11, 2017 Opinion or Order Filing 557 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2327 Ethicon filed in WVSD CA 2:16-cv-04171 Gardner v. Cook Incorporated, et al; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 9/11/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
September 11, 2017 Opinion or Order Filing 556 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2325 American Medical Systems filed in Lemasters et al v. Cook Incorporated, et al; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2325. Signed by Judge Joseph R. Goodwin on 9/11/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
September 11, 2017 Opinion or Order Filing 555 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2325 American Medical Systems filed in WVSD CA 2:14-cv-10568 Guzman, et al v. Cook Incorporated, et al; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2325. Signed by Judge Joseph R. Goodwin on 9/11/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
September 11, 2017 Opinion or Order Filing 554 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2326 Boston Scientific filed in WVSD CA 2:13-cv-30022 Engel v. Cook Incorporated, et al; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 9/11/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
September 11, 2017 Opinion or Order Filing 553 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2326 Boston Scientific filed in WVSD CA 2:14-cv-11141 Durham v. Cook Incorporated, et al; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 9/11/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
September 11, 2017 Opinion or Order Filing 552 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2327 Ethicon filed in WVSD CA 2:14-cv-25095 Harriman v. Cook Incorporated, et al; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 9/11/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
September 11, 2017 Opinion or Order Filing 551 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2326 Boston Scientific filed in WVSD CA 2:14-cv-30949 Forest v. Cook Incorporated, et al; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 9/11/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
September 11, 2017 Opinion or Order Filing 550 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2327 Ethicon filed in WVSD CA 2:15-cv-09653 Hayward v. Cook Incorporated, et al; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 9/11/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
September 8, 2017 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-15702 Trujillo v. Cook Incorporated et al and WVSD CA 2:15-cv-03667 Hardison v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 9/8/2017. Plaintiffs Irene Marie Trujillo (WVSD CA 2:13-15702) and Carolyn Hardison (WVSD CA 2:15-3667) terminated herein. (kp)
September 6, 2017 Opinion or Order Filing 549 ORDER granting #473 MOTION by Derek H. Potts and The Potts Law Firm, LLP for Change of Address in this MDL and in each individual member case in which The Potts Law Firm, LLP is associated; granting #514 MOTION by Patricia L. Campbell to Withdraw as Counsel of Record on behalf of Certain Plaintiffs. The Clerk is DIRECTED to update the firm address both on the main master docket and for each individual member case in MDL 2440 with which Derek H. Potts is associated. The Clerk is further DIRECTED to terminate Patricia L. Campbell both on the main master docket and in each individual member case in MDL 2440 with which they appear. Signed by Judge Joseph R. Goodwin on 09/06/2017. (cc: attys; any unrepresented party) (ts)
August 29, 2017 MEMBER CASES TERMINATED: WVSD CA 2:12-cv-02983 Hart v. Cook Incorporated et al, WVSD CA 2:13-cv-27740 Priar v. Cook Incorporated et al, WVSD CA 2:13-cv-30345 Odom v. Cook Incorporated et al, WVSD CA 2:13-cv-31208 Thompson v. Cook Incorporated et al, WVSD CA 2:14-cv-20342 Nolan et al v. Cook Incorporated et al, WVSD CA 2:14-cv-25372 Vaden v. Cook Incorporated et al, WVSD CA 2:14-cv-30066 Rigsby v. Cook Incorporated et al, WVSD CA 2:15-cv-12414 Kleen et al v. Cook Incorporated et alterminated pursuant to the Orders entered in the member civil actions on 8/29/2017. Plaintiffs Lawana Hart (WVSD CA 2:12-2983), Denise Priar (WVSD CA 2:13-27740), Judy Diann Odom (WVSD CA 2:13-30345), Delana R. Thompson (WVSD CA 2:13-31208), Shari L. Nolan (WVSD CA 2:14-20342), Gary Nolan (WVSD CA 2:14-20342), Cynthia C. Vaden (WVSD CA 2:14-25372), Teresa R. Rigsby (WVSD CA 2:14-30066), Beverly Kleen (WVSD CA 2:15-12414), and Burnal Kleen (WVSD CA 2:15-12414) terminated herein. (kp)
August 29, 2017 Opinion or Order Filing 548 ORDER granting #493 MOTION by Lana K. Varney for Change of Address in MDL 2440 and in Each Individual Member Case in which they are associated. The Clerk is directed to update the information, as set forth in the Motion, both on the main master docket, and for each individual member case in MDL 2440 with which Lana K. Varney is associated. Signed by Judge Joseph R. Goodwin on 8/29/2017. (cc: attys; any unrepresented party) (ts)
August 28, 2017 Opinion or Order Filing 547 ORDER denying #539 JOINT MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Certain Plaintiffs to Dismiss With Prejudice. Signed by Judge Joseph R. Goodwin on 8/28/2017. (cc: attys; any unrepresented party) (kp)
August 28, 2017 Opinion or Order Filing 546 ORDER (Dismissing Cases with Prejudice) granting #499 Joint Motion to Dismiss with Prejudice filed by plaintiffs, identified on the attached Exhibit A, and Ethicon, Inc., Ethicon, LLC, and Johnson & Johnson, seeking dismissal of these actions with prejudice. Other defendants remain in these actions, and plaintiffs will continue to prosecute these actions against them. Signed by Judge Joseph R. Goodwin on 8/28/2017. (cc: attys; any unrepresented party) (REF: MDL 2440; Cases Listed on Exhibit A) (kp)
August 25, 2017 MEMBER CASES TERMINATED: WVSD CA 2:12-cv-04178 Raines v. Cook Incorporated et al, WVSD CA 2:13-cv-07331 Fenton v. Cook Incorporated et al, WVSD CA 2:13-cv-17071 Watkins v. Cook Incorporated et al, WVSD CA 2:13-cv-17403 Stevens v. Cook Incorporated et al, WVSD CA 2:13-cv-17890 Strauss v. Cook Incorporated et al, WVSD CA 2:13-cv-19009 Vessels v. Cook, Inc. et al, WVSD CA 2:13-cv-19812 St. Cyr v. Cook Incorporated et al, WVSD CA 2:13-cv-21297 Nichols et al v. Cook Medical, Inc., WVSD CA 2:14-cv-00692 Rainwater et al v. Cook Incorporated et al, WVSD CA 2:14-cv-00709 Whitener v. Cook Incorporated et al, WVSD CA 2:14-cv-05874 Cox v. Cook Incorporated et al, WVSD CA 2:14-cv-07723 Baca v. Cook Incorporated et al, WVSD CA 2:14-cv-15271 Salzbrunn et al v. Cook Incorporated et al, WVSD CA 2:14-cv-19275 Runaas et al v. Cook Incorporated et al, WVSD CA 2:14-cv-24088 Farris v. Cook Incorporated et al, WVSD CA 2:15-cv-05219 Nealeigh v. Cook Incorporated et al and WVSD CA 2:15-cv-05582 Rackley et al v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 8/25/2017. Plaintiffs Wanda D. Raines (WVSD CA 2:12-4178), Rebecca Fenton (WVSD CA 2:13-7331), Marion J. Watkins (WVSD CA 2:13-17071), Virginia Stevens (WVSD CA 2:13-17403), Nancy J. Strauss (WVSD CA 2:13-17890), Glennanda N. Vessels (WVSD CA 2:13-19009), Maxine St. Cyr (WVSD CA 2:13-19812), Judith A. Nichols (WVSD CA 2:13-21297), Ronald L. Nichols (WVSD CA 2:13-21297), Leota C. Rainwater (WVSD CA 2:14-0692), DeWayne K. Rainwater (WVSD CA 2:14-0692), Patricia Whitener (WVSD CA 2:14-00709), Miranda Diane Cox (WVSD CA 2:14-05874) and Christina Baca (WVSD CA 2:14-7723) terminated herein (mek)
August 23, 2017 MEMBER CASES TERMINATED: WVSD CA 2:12-cv-03618 Landers v. Cook Incorporated et al, WVSD CA 2:13-cv-04306 Hutchens v. Cook Incorporated et al, WVSD CA 2:15-cv-11004 O'Connor v. Cook Incorporated et al, WVSD CA 2:15-cv-11841 Mickey v. Cook Incorporated et al, WVSD CA 2:16-cv-02976 Powell v. Cook Incorporated et al, WVSD CA 2:16-cv-08320 Bassett et al v. Cook Incorporated et al, WVSD CA 2:16-cv-08321 Eastman v. Cook Incorporated et al, WVSD CA 2:16-cv-08322 McKay et al v. Cook Incorporated et al, WVSD CA 2:16-cv-08323 Miles v. Cook Incorporated et al, WVSD CA 2:16-cv-08329 Farrell et al v. Cook Incorporated et al, WVSD CA 2:16-cv-08330 Hunt et al v. Cook Incorporated et al, WVSD CA 2:16-cv-08331 Miller et al v. Cook Incorporated et al, WVSD CA 2:16-cv-08376 Cothran et al v. Cook Incorporated et al, WVSD CA 2:16-cv-08378 Gibson et al v. Cook Incorporated et al, WVSD CA 2:16-cv-08379 Lefan et al v. Cook Incorporated et al, WVSD CA 2:16-cv-08382 Bumgarner et al v. Cook Incorporated et al, WVSD CA 2:16-cv-08383 Mandarino et al v. Cook Incorporated et al, WVSD CA 2:16-cv-08444 Johnson v. Cook Incorporated et al and WVSD CA 2:16-cv-08446 Kindrick v. Cook Incorporated et al, terminated pursuant to the Orders entered in the civil member action on 8/23/2017. Plaintiffs Clarlinda Landers (WVSD CA 2:12-3618), Miriam A. Hutchens (WVSD CA 2:13-4306), Kena O'Connor (WVSD CA 2:15-11004), Joan Mickey (WVSD CA 2:15-11841), Betty Jane Powell (WVSD CA 2:16-02976), Gloria G. Bassett (WVSD CA 2:16-08320), Rodney C. Bassett (WVSD CA 2:16-08320), Theresa Eastman (WVSD CA 2:16-08321), Luz D. McKay (WVSD CA 2:16-08322), Jerome Gregory McKay (WVSD CA 2:16-08322), Barbara Miles (WVSD CA 2:16-08323), Kim S. Farrell (WVSD CA 2:16-08329), T. David Farrell (WVSD CA 2:16-08329), Angela Hunt (WVSD CA 2:16-08330), Michael Hunt (WVSD CA 2:16-08330), Cindy Miller (WVSD CA 2:16-08331), Thomas Dean Miller (WVSD CA 2:16-08331), Patricia Cothran (WVSD CA 2:16-08376), James A. Cothran (WVSD CA 2:16-08376), Rosemaryln Gibson (WVSD CA 2:16-08378), Alvin Thomas Hawkins Gibson (WVSD CA 2:16-08378), Sarah Lefan (WVSD CA 2:16-08379), Reed David Lefan (WVSD CA 2:16-08379), Wendy L. Bumgarner (WVSD CA 2:16-08382), Ray Bumgarner (WVSD CA 2:16-08382), Sandra Mandarino (WVSD CA 2:16-08383), Joseph Mandarino (WVSD CA 2:16-08383), Lisa Johnson (WVSD CA 2:16-08444) and Lisa Kindrick (WVSD CA 2:16-08446) terminated herein. (mek)
August 23, 2017 Opinion or Order Filing 545 ORDER granting #471 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 2440 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 8/23/2017. (cc: attys; any unrepresented party) (ts)
August 23, 2017 Opinion or Order Filing 544 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2326 Boston Scientific filed in WVSD CA 2:15-cv-11166 Andrews v. Cook Incorporated, et al. The Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 8/23/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
August 23, 2017 Opinion or Order Filing 543 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2327 Ethicon filed in WVSD CA 2:15-cv-12368 Lawson v. Cook Incorporated, et al. The Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 8/23/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
August 23, 2017 Opinion or Order Filing 542 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2327 Ethicon filed in WVSD CA 2:15-cv-12375 Miller-Schmitz v. Cook Incorporated, et al. The Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 8/23/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
August 23, 2017 Opinion or Order Filing 541 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2326 Boston Scientific filed in WVSD CA 2:16-cv-00108 Hutson v. Cook Incorporated, et al. The Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 8/23/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
August 23, 2017 Opinion or Order Filing 540 ORDER granting Motion by Elizabeth Ayerdis TO TRANSFER this member case from MDL 2440 Cook to MDL 2327 Ethicon filed in WVSD CA 2:16-cv-08256 Ayerdis v. Cook Medical Inc., et al. The Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 8/23/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
August 22, 2017 Filing 539 JOINT MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Certain Plaintiffs to Dismiss With Prejudice (Jones, Christy) (Modified on 8/23/2017 to add party filer) (ts).
August 22, 2017 Opinion or Order Filing 538 ORDER granting the Motion filed in WVSD CA 2:15-cv-15381, Sheppard v. Cook Incorporated et al by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER the member case from MDL 2440 Cook to MDL 2327 Ethicon; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 8/22/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (mek)
August 22, 2017 Opinion or Order Filing 537 ORDER granting the Motion filed in WVSD CA 2:15-cv-15000, Settle v. Cook Incorporated et al by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER the member case from MDL 2440 Cook to MDL 2327 Ethicon; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 8/22/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (mek)
August 22, 2017 Opinion or Order Filing 536 ORDER granting the Motion filed in WVSD CA 2:16-cv-04280, Gardemann et al v. Cook Incorporated et al by Danny Gardemann, Jacqueline Gardemann TO TRANSFER the member case from MDL 2440 Cook to MDL 2327 Ethicon; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 8/22/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (mek)
August 22, 2017 Opinion or Order Filing 535 ORDER granting the Motion filed in WVSD CA 2:16-cv-08304, Denson v. Cook Incorporated et al by Mary Denson TO TRANSFER the member case from MDL 2440 Cook to MDL 2187 C. R. Bard; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2187. Signed by Judge Joseph R. Goodwin on 8/22/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (mek)
August 22, 2017 Opinion or Order Filing 534 ORDER granting the Motion filed in WVSD CA 2:16-cv-08262, Copeland v. Cook Incorporated et al by Sandra E. Copeland TO TRANSFER the member case from MDL 2440 Cook to MDL 2326 Boston Scientific; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 8/22/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (mek)
August 22, 2017 Opinion or Order Filing 533 ORDER granting the Motion filed in WVSD CA 2:16-cv-08231 Busch v. Cook Incorporated et al by Kelly Busch TO TRANSFER the member case from MDL 2440 Cook to MDL 2327 Ethicon; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 8/22/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (mek)
August 22, 2017 Opinion or Order Filing 532 ORDER granting the Motion filed in WVSD CA 2:15-cv-11791, Barnes v. Cook Incorporated et al by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER the member case from MDL 2440 Cook to MDL 2326 Boston Scientific; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 8/22/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (mek)
August 22, 2017 Opinion or Order Filing 531 ORDER granting the Motion filed in WVSD CA 2:15-cv-08207, Allen v. Cook Incorporated et al by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER the member case from MDL 2440 Cook to MDL 2326 Boston Scientific; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 8/22/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (mek)
August 22, 2017 Opinion or Order Filing 530 ORDER granting the Motion filed in WVSD CA 2:15-cv-08055 Roth v. Cook Incorporated et al by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER the member case from MDL 2440 Cook to MDL 2326 Boston Scientific; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 8/22/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (mek)
August 22, 2017 Opinion or Order Filing 529 ORDER granting the Motion filed in WVSD CA 2:14-cv-30602 Woods v. Cook Incorporated et al by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER the member case from MDL 2440 Cook to MDL 2326 Boston Scientific; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 8/22/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (mek)
August 22, 2017 Opinion or Order Filing 528 ORDER granting the Motion filed in WVSD CA 2:14-cv-13349, Stone et al v. Cook Incorporated et al by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER the member case from MDL 2440 Cook to MDL 2327 Ethicon; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 8/22/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (mek)
August 22, 2017 Opinion or Order Filing 527 ORDER granting the Motion filed in WVSD CA 2:15-cv-12372, Bean v. Cook Incorporated, et al by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER the member case from MDL 2440 Cook to MDL 2327 Ethicon ; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 8/22/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (mek)
August 21, 2017 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-24110 Tallant et al v. Cook Group, Inc. et al, WVSD CA 2:13-cv-28243 Leben et al v. Cook Group Incorporated et al, WVSD CA 2:13-cv-32111 Krause et al v. Cook Incorporated et al, WVSD CA 2:14-cv-10380 Noe v. Cook Incorporated et al, WVSD CA 2:14-cv-13447 Pearman v. Cook Incorporated et al, WVSD CA 2:14-cv-13452 Ramirez et al v. Cook Incorporated et al, WVSD CA 2:14-cv-20229 Piaskowski et al v. Cook Incorporated et al, WVSD CA 2:14-cv-30296 Miller v. Cook Incorporated et al, WVSD CA 2:14-cv-31011 Merrill et al v. C. R. Bard, Inc. et al, WVSD CA 2:15-cv-07700 Richardson et al v. Cook Incorporated et al, WVSD CA 2:15-cv-10709 Manuel v. Cook Incorporated et al, WVSD CA 2:15-cv-11798 Harris v. Cook Incorporated et al, WVSD CA 2:16-cv-03502 Kriedeman et al v. Cook Incorporated et al, WVSD CA 2:16-cv-04205 Pringle v. Cook Incorporated et al, WVSD CA 2:16-cv-05040 Sellers et al v. Cook Incorporated et al, WVSD CA 2:16-cv-05081 Jackson v. Cook Incorporated et al, WVSD CA 2:16-cv-05233 Hoskins v. Cook Incorporated et al, WVSD CA 2:16-cv-05332 Owens v. Cook Incorporated et al, WVSD CA 2:16-cv-05557 Uhl v. Cook Incorporated et al, and WVSD CA 2:16-cv-08196 Martin v. Cook Incorporated et al terminated pursuant to the Orders entered in the member civil actions on 8/21/2017. Plaintiffs Susan M. Tallant (WVSD CA 2:13-24110), Perry D. Tallant (WVSD CA 2:13-24110), Norma Leben (WVSD CA 2:13-28243), Clay Leben (WVSD CA 2:13-28243), Bernadette Krause (WVSD CA 2:13-32111), Robert Krause (WVSD CA 2:13-32111), Wilma Noe (WVSD CA 2:14-10380), Ronda Joy Pearman (WVSD CA 2:14-13447), Angela Ramirez (WVSD CA 2:14-13452), Antonio Ramirez (WVSD CA 2:14-13452), Helen Piaskowski (WVSD CA 2:14-20229), Wayne Piaskowski (WVSD CA 2:14-20229), Jonna Miller (WVSD CA 2:14-30296), Nancy Merrill (WVSD CA 2:14-31011), James Merrill (WVSD CA 2:14-31011), George Ann Richardson (WVSD CA 2:15-07700), Gabriel Richardson (WVSD CA 2:15-07700), Charlotte A. Manuel (WVSD CA 2:15-10709), Shannon Harris (WVSD CA 2:15-11798), Theresa Kriedeman (WVSD CA 2:16-03502), Carl Kriedeman (WVSD CA 2:16-03502), Gloria Pringle (WVSD CA 2:16-04205), Sharon Sellers (WVSD CA 2:16-05040), Wiley Sellers (WVSD CA 2:16-05040), Dorothy Jackson (WVSD CA 2:16-05081), Gwendolyn S. Hoskins (WVSD CA 2:16-05233), Nettie Owens (WVSD CA 2:16-05332), Deborah Allen Uhl (WVSD CA 2:16-05557) and Mildred Martin (WVSD CA 2:16-08196) terminated herein. (brn)
August 21, 2017 MEMBER CASES TERMINATED: WVSD CA 2:16-cv-08287 Kelley et al v. Cook Incorporated et al, WVSD CA 2:16-cv-08296 Gauvreau v. Cook Incorporated et al, WVSD CA 2:16-cv-08297 Higgins v. Cook Incorporated et al, WVSD CA 2:16-cv-08298 Long v. Cook Incorporated et al, WVSD CA 2:16-cv-08299 Lubow v. Cook Incorporated et al, WVSD CA 2:16-cv-08300 Roe v. Cook Incorporated et al, WVSD CA 2:16-cv-08302 Thomas v. Cook Incorporated et al, WVSD CA 2:16-cv-08303 Wolfe v. Cook Incorporated et al, WVSD CA 2:16-cv-08324 Richardson v. Cook Incorporated et al, WVSD CA 2:16-cv-08326 Robinson et al v. Cook Incorporated et al, WVSD CA 2:16-cv-08332 Zaitoun et al v. Cook Incorporated et al, WVSD CA 2:16-cv-08341 Lane v. Cook Incorporated et al, WVSD CA 2:16-cv-08380 Tanner v. Cook Incorporated et al, WVSD CA 2:16-cv-08392 Pryor et al v. Cook Incorporated et al, WVSD CA 2:16-cv-08400 Sites v. Cook Incorporated et al, WVSD CA 2:16-cv-08402 Spilman v. Cook Incorporated et al, WVSD CA 2:16-cv-08403 Haymes v. Cook Incorporated et al, WVSD CA 2:16-cv-08427 Spencer v. Cook Incorporated et al, WVSD CA 2:16-cv-08428 Tulk v. Cook Incorporated et al, WVSD CA 2:16-cv-08429 Wilson v. Cook Incorporated et al, WVSD CA 2:16-cv-08433 Ramos v. Cook Incorporated et al, WVSD CA 2:16-cv-08447 West v. Cook Incorporated et al, WVSD CA 2:16-cv-08457 Zygadlo et al v. Cook Incorporated et al, and WVSD CA 2:16-cv-08773 Garrett v. Cook Incorporated et al terminated pursuant to the Orders entered in the member civil actions on 8/21/2017. Plaintiffs Tracey Jean Kelley (WVSD CA 2:16-08287), Tammy Kelley (WVSD CA 2:16-08287), Claudia J. Gauvreau (WVSD CA 2:16-08296), Josephine Higgins (WVSD CA 2:16-08297), Laura Long (WVSD CA 2:16-08298), Annette Lubow (WVSD CA 2:16-08299), Cindy Sue Roe (WVSD CA 2:16-08300), Miriam Thomas (WVSD CA 2:16-08302), Joyce Wolfe (WVSD CA 2:16-08303), Gayle Richardson (WVSD CA 2:16-08324), Sharon Robinson (WVSD CA 2:16-08326), John R. Robinson (WVSD CA 2:16-08326), Bahia Zaitoun (WVSD CA 2:16-08332), Hamad Zaitoun (WVSD CA 2:16-08332), Judith Lane (WVSD CA 2:16-08341), Pearlie M. Tanner (WVSD CA 2:16-08380), Mandy Gail Pryor (WVSD CA 2:16-08392), Bobby Neal Pryor, Jr. (WVSD CA 2:16-08392), Patricia A. Sites (WVSD CA 2:16-08400), Mary P. Spilman (WVSD CA 2:16-08402), Wilma Haymes (WVSD CA 2:16-08403), Lois Spencer (WVSD CA 2:16-08427), Patricia Tulk (WVSD CA 2:16-08428), Lisa Wilson (WVSD CA 2:16-08429), Maria G. Ramos (WVSD CA 2:16-08433), Katrina West (WVSD CA 2:16-08447), Kathleen Zygadlo (WVSD CA 2:16-08457), Alan Zygadlo (WVSD CA 2:16-08457) and Donna L. Garrett (WVSD CA 2:16-08773) terminated herein. (brn)
August 21, 2017 Opinion or Order Filing 526 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2326 Boston Scientific filed in WVSD CA 2:13-cv-27291 Baker v. Cook Incorporated et al. The Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 8/21/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
August 21, 2017 Opinion or Order Filing 525 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2327 Ethicon filed in WVSD CA 2:13-cv-23150 Patel et al v. Cook Incorporated et al. The Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 8/21/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
August 21, 2017 Opinion or Order Filing 524 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2327 Ethicon filed in WVSD CA 2:13-cv-19948 Enlow v. Cook Incorporated, et al. The Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 8/21/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
August 21, 2017 Filing 523 NOTIFICATION FROM JUDICIAL PANEL ON MULTIDISTRICT LITIGATION re: Minute Order Suspending Rule 7.1(a) -- Panel Rule 7.1(a), requiring notification to the Clerk of the Panel of potential tag-along actions, is hereby suspended in this litigation until further notice. (ts)
August 15, 2017 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-22720 Wilburn v. Cook Group, Inc. et al, WVSD CA 2:14-cv-16077 Proveaux v. Cook Incorporated et al, WVSD CA 2:14-cv-25124 Jackson v. Cook Incorporated et al, WVSD CA 2:14-cv-25781 Hicks et al v. Cook Incorporated et al, WVSD CA 2:14-cv-29188 Casillas v. Cook Incorporated et al, WVSD CA 2:14-cv-29383 Moya et al v. Cook Incorporated et al, WVSD CA 2:14-cv-29385 Martin et al v. Cook Incorporated et al, WVSD CA 2:14-cv-29387 Finkbeiner et al v. Cook Incorporated et al, WVSD CA 2:15-cv-02335 Smith-Walker v. Cook Incorporated et al, WVSD CA 2:15-cv-04055 Thornton et al v. Cook Incorporated, WVSD CA 2:15-cv-07022 Ewart v. Cook Medical, Inc. et al, WVSD CA 2:15-cv-16173 Fisher v. Cook Incorporated et al, WVSD CA 2:16-cv-03267 Feliciano v. Cook Medical, Inc., WVSD CA 2:16-cv-04642 Campbell v. Cook Incorporated et al, WVSD CA 2:16-cv-07863 Aalfs v. Cook Incorporated et al, WVSD CA 2:16-cv-08043 Aspden v. Cook Incorporated et al, WVSD CA 2:16-cv-08258 Cayson v. Cook Incorporated et al, WVSD CA 2:16-cv-08261 Cole v. Cook Incorporated et al, WVSD CA 2:16-cv-08263 Cruse v. Cook Incorporated et al, WVSD CA 2:16-cv-08264 Drake v. Cook Incorporated, WVSD CA 2:16-cv-08265 Eberly v. Cook Incorporated et al, WVSD CA 2:16-cv-08269 Ellis v. Cook Incorporated et al, WVSD CA 2:16-cv-08271 Forbes v. Cook Incorporated et al, WVSD CA 2:16-cv-08285 Bivins et al v. Cook Incorporated et al, WVSD CA 2:16-cv-08430 Church v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 8/15/2017. Plaintiffs Patricia M. Wilburn (WVSD CA 2:13-22720), Mary Proveaux (WVSD CA 2:14-16077), Michelle Jackson (WVSD CA 2:14-25124), Cathy Hicks (WVSD CA 2:14-25781), Don Hicks (WVSD CA 2:14-25781), Martha Casillas (WVSD CA 2:14-29188), Blanca Moya (WVSD CA 2:14-29383), Lizandro Moya (WVSD CA 2:14-29383), Lylian Jimenez Martin (WVSD CA 2:14-29385), Edwin C. Martin (WVSD CA 2:14-29385), Nancy L. Finkbeiner (WVSD CA 2:14-29387), Thomas Finkbeiner (WVSD CA 2:14-29387), Danyel Smith-Walker (WVSD CA 2:15-2335), Nancy K. Thornton (WVSD CA 2:15-4055), William R. Thornton (WVSD CA 2:15-4055), Linda K. Ewart (WVSD CA 2:15-07022), Rosemary Fisher (WVSD CA 2:15-16173), Ethel Feliciano (WVSD CA 2:16-03267), Pamela Campbell (WVSD CA 2:16-04642), Kathy Aalfs (WVSD CA 2:16-07863), Sharon Aspden (WVSD CA 2:16-08043), Shirley M. Cayson (WVSD CA 2:16-08258), Harriet M. Cole (WVSD CA 2:16-08261), Judith Ann Cruse (WVSD CA 2:16-08263), Diana Drake (WVSD CA 2:16-08264), Mary Lou Eberly (WVSD CA 2:16-08265), Patsy R. Ellis (WVSD CA 2:16-08269), Robin Forbes (WVSD CA 2:16-08271), Brenda Bivins (WVSD CA 2:16-08285), Timothy Bivins (WVSD CA 2:16-08285), and Marie E. Church (WVSD CA 2:16-08430) terminated herein. (kp)
August 15, 2017 Opinion or Order Filing 522 ORDER granting the Motion filed in member civil action 2:15-cv-12370, Jones et al v. Ethicon, Inc. et al by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. to transfer the member case from MDL 2440 Cook to MDL 2327 Ethicon; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 8/15/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (mek)
August 15, 2017 Opinion or Order Filing 521 ORDER granting the Motion filed in member civil action 2:15-cv-12369, Helton et al v. Ethicon, Inc. et al by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. to transfer the member case from MDL 2440 Cook to MDL 2327 Ethicon; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 8/15/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (mek)
August 15, 2017 Opinion or Order Filing 520 ORDER granting the Motion filed in member civil action 2:15-cv-05068, Craft et al v. Ethicon, Inc. et al by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. to transfer the member case from MDL 2440 Cook to MDL 2327 Ethicon; the Clerk is directed to disassociate the civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 8/15/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (mek)
August 15, 2017 Opinion or Order Filing 519 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2326 Boston Scientific filed in WVSD CA 2:14-cv-16531 Harris et al v. Cook Incorporated, et al. The Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 8/15/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
August 15, 2017 Opinion or Order Filing 518 ORDER granting Motion by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2327 Ethicon filed in WVSD CA 2:15-cv-12374 Desjardins v. Cook Incorporated et al. The Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 8/15/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
August 15, 2017 Opinion or Order Filing 517 ORDER granting the MOTION by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER Civil Action No. 2:15-cv-12367 Cook v. Ethicon, Inc. et al from MDL 2440 Cook to MDL 2327 Ethicon; the Clerk is directed to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 8/15/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (kp)
August 15, 2017 Opinion or Order Filing 516 ORDER granting the MOTION by Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. TO TRANSFER this member case from MDL 2440 Cook to MDL 2327 Ethicon. The Clerk is directed to disassociate Dibble et al v. Cook Incorporated et al. Civil Action No. 2:15-cv-12371 as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 8/15/2017. (cc: Clerk of JPMDL; attys; any unrepresented party) (hkl)
August 11, 2017 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-02646 Weirback v. Cook Incorporated et al, WVSD CA 2:13-cv-05734 Ward et al v. Cook Incorporated et al, WVSD CA 2:14-cv-02676 Conrad et al v. Cook Incorporated et al, WVSD CA 2:14-cv-02678 Duncan et al v. Cook Incorporated et al, WVSD CA 2:14-cv-13599 Wilson v. Cook Incorporated et al, WVSD CA 2:14-cv-29384 Cruz et al v. Cook Incorporated et al, WVSD CA 2:14-cv-29411 Winston v. Cook Incorporated et al, WVSD CA 2:15-cv-06861 Colp v. Cook Incorporated et al and WVSD CA 2:15-cv-13260 Doty et al v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil action on 8/11/2017. Plaintiffs Cindy Weirback (WVSD CA 2:13-2646), Angela M. Ward (WVSD CA 2:13-05734), Vicky L. Conrad (WVSD CA 2:14-2676), David L. Conrad (WVSD CA 2:14-2676), Cynthia Duncan (WVSD CA 2:14-2678), Michial David Duncan (WVSD CA 2:14-2678), Jane M. Wilson (WVSD CA 2:14-13599), Denise Cruz (WVSD CA 2:14-29384), Adam S. Cruz (WVSD CA 2:14-29384), Beverly D. Winston (WVSD CA 2:14-29411), Tina Colp (WVSD CA 2:15-06861), Kelly Doty (WVSD CA 2:15-13260) and Curtis Doty (WVSD CA 2:15-13260) terminated herein. (mek)
August 10, 2017 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-17372 Rogowski et al v. Cook Incorporated et al, WVSD CA 2:14-cv-06203 Hicks v. Cook Incorporated et al, WVSD CA 2:14-cv-07007 Cook et al v. Cook Incorporated et al, WVSD CA 2:14-cv-11871 Finch v. Cook Incorporated et al, WVSD CA 2:14-cv-22480 Gone v. Cook Incorporated et al, WVSD CA 2:15-cv-06856 Lane-Stinebaugh v. Cook Incorporated, WVSD CA 2:15-cv-06866 Chelala v. Cook Incorporated et al, WVSD CA 2:15-cv-06881 Huebner v. Cook Incorporated et al, WVSD CA 2:15-cv-07002 Johnson v. Cook Incorporated et al, WVSD CA 2:15-cv-11218 Byrd v. Cook Incorporated et al, WVSD CA 2:15-cv-11796 Flores et al v. Cook Incorporated et al, WVSD CA 2:15-cv-13743 Filburn et al v. Cook Incorporated et al, and WVSD CA 2:15-cv-14915 Humphries v. Cook Incorporated et al, terminated herein pursuant to the Orders entered in the member civil actions on 8/10/2017. Plaintiffs Theresa Rogowski (WVSD CA 2:13-17372), Billy Rogowski, Sr. (WVSD CA 2:13-17372), Brandi M. Hicks (WVSD CA 2:14-6203), Wanda K. Cook (WVSD CA 2:14-07007), Charles Edward Cook (WVSD CA 2:14-07007), Sarah Finch (WVSD CA 2:14-11871), Faith A. Gone (WVSD CA 2:14-22480), Sarah Lane-Stinebaugh (WVSD CA 2:15-06856), Kimberly Chelala (WVSD CA 2:15-06866), Margaret Huebner (WVSD CA 2:15-06881), Wilma L. Johnson (WVSD CA 2:15-07002), Anita Gayle Byrd (WVSD CA 2:15-11218), Selma Flores (WVSD CA 2:15-11796), George Selma (WVSD CA 2:15-11796), Janice Filburn (WVSD CA 2:15-13743), Patrick Filburn (WVSD CA 2:15-13743) and Karen Linda Humphries (WVSD CA 2:15-14915) terminated herein. (brn)
August 10, 2017 Filing 515 NOTICE OF CHANGE OF ATTORNEY INFORMATION by T. Matthew Lockhart substituting within-firm representation for Jennifer J. Hicks on behalf of Garretson Resolution Group, Inc. (Lockhart, T.)
August 3, 2017 Filing 514 MOTION by Patricia L. Campbell to Withdraw as Counsel of Record on behalf of Certain Plaintiffs (Campbell, Patricia)
August 3, 2017 Opinion or Order Filing 513 ORDER denying as moot #386 REQUEST by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated, Plaintiffs to Exclude Janice Perkins Case from Cook Wave 1 and Notice of Dual Representation in Priscilla Strickland Cases. Signed by Judge Joseph R. Goodwin on 8/3/2017. (cc: attys; any unrepresented party) (kp)
August 3, 2017 Opinion or Order Filing 512 ORDER denying as moot #368 MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated to Exclude Certain Multi-Product Cases from Cook Wave 1. Signed by Judge Joseph R. Goodwin on 8/3/2017. (cc: attys; any unrepresented party) (kp)
August 3, 2017 Opinion or Order Filing 511 ORDER denying as moot #363 MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated to Exclude Certain Cases from Cook Wave 1. Signed by Judge Joseph R. Goodwin on 8/3/2017. (cc: attys; any unrepresented party) (kp)
July 28, 2017 MEMBER CASE TERMINATED: WVSD CA 2:13-cv-17407 Roy v. Cook Incorported et al, terminated pursuant to the Order entered in the member civil action on 7/28/2017. Plaintiff Christine L. Roy (WVSD CA 2:13-17407) terminated herein. (kp)
July 20, 2017 MEMBER CASE TERMINATED: WVSD CA 2:14-cv-31299 Goodrum et al v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 7/20/2017. Plaintiffs Lani Goodrum and Louis Goodrum terminated herein. (brn)
July 19, 2017 MEMBER CASES TERMINATED: WVSD CA 2:14-cv-15073 Baker et al v. Cook Incorporated et al, WVSD CA 2:14-cv-22561 Baker v. Cook Incorporated et al, WVSD CA 2:14-cv-23759 Alexander v. Cook Incorporated et al, WVSD CA 2:15-cv-01167 Alvarez v. Cook Incorporated et al, WVSD CA 2:15-cv-09591 Ballinger v. Cook Incorporated et al, WVSD CA 2:15-cv-11625 Davila v. Cook Incorporated et al, WVSD CA 2:15-cv-13433 Burrows et al v. Cook Incorporated et al, and WVSD CA 2:14-cv-19378 Blanton et al v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 7/11/2017. Plaintiffs Richard Baker (WVSD CA 2:14-15073), Sandra Baker (WVSD CA 2:14-15073), Fatoumeh Baghvardani (WVSD CA 2:13-22561), Elizabeth Baker (WVSD CA 2:14-22561), Susan Alexander (WVSD CA 2:14-23759), Stella P. Alvarez (WVSD CA 2:15-01167), Angela D. Ballinger (WVSD CA 2:15-09591), Rafaela Davila (WVSD CA 2:15-11625), Courtney A. Burrows (WVSD CA 2:15-13433), John Burrows (WVSD CA 2:15-13433), Marla Delores Blanton (WVSD CA 2:14-19378) and William Blanton (WVSD CA 2:14-19378) terminated herein. (ts)
July 19, 2017 Filing 510 MOTION by Wexler Wallace, LLP to Change Attorney Information and MOTION by Wexler Wallace, LLP to Withdraw Michael H. Bowman as Counsel in this MDL and in every member case in which they are associated (Wallace, Edward)
July 19, 2017 Opinion or Order Filing 509 ORDER granting #482 MOTION by Kell Lampin, LLC to Substitute J. Mark Kell and Withdraw Daniel A. Raniere as Counsel for Certain Plaintiffs and for Change of Address in this MDL and in every member case in which they are associated. The Clerk is DIRECTED to terminate Daniel A. Raniere, and substitute J. Mark Kell in MDL No. 2440, and each individual member case associated with MDL No. 2440, in which Daniel A. Raniere appears; and, to update the firm address and fax number, as set forth in the Motion, both in the main MDL and for each individual member case in MDL 2440 with which J. Mark Kell appears. Signed by Judge Joseph R. Goodwin on 7/19/2017. (cc: attys; any unrepresented party) (ts)
July 18, 2017 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-13977 Bowman v. Cook Incorporated et al, WVSD CA 2:13-cv-34014 Austin et al v. Cook Incorporated et al, WVSD CA 2:14-cv-05910 Benson v. Cook Incorporated et al, WVSD CA 2:14-cv-11139 Brown v. Cook Incorporated et al, WVSD CA 2:14-cv-13852 Briley v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 7/18/2017. Plaintiffs Billie Jo Bowman (WVSD CA 2:13-13977), Carla Austin (WVSD CA 2:13-34014), Willie Austin (WVSD CA 2:13-34014), Nancy Benson (WVSD CA 2:14-05910), Diana Brown (WVSD CA 2:14-11139), and Jocelyn Briley (WVSD CA 2:14-13852) terminated herein. (kp)
July 18, 2017 Filing 508 MANDATORY SETTLEMENT CONFERENCE held by Judge Joseph R. Goodwin on 7/18/2017; Court Reporter: Kimberly Kaufman. (rac)
July 14, 2017 MEMBER CASE TERMINATED: WVSD CA 2:15-cv-04882 Clark v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 7/14/2017. Plaintiff Crystal Clark (WVSD CA 2:15-04882) terminated herein. (kp)
July 13, 2017 Opinion or Order Filing 507 PRETRIAL ORDER # 82 (Order: Mandatory Settlement Conference for Certain Cook Plaintiffs) Mandatory settlement conferences for the cases identified on Exhibit A will be conducted beginning on 7/18/2017, at 9:00 a.m. in Room 7800 and continuing from day-to-day thereafter. It is directed that (1) individual plaintiffs whose cases are scheduled for a settlement conference shall appear in person for the settlement conference with counsel of record as reflected on the docket sheet for that plaintiff's individual case and any pro se plaintiffs must also appear in person; and (2) any plaintiff who fails to comply with this PTO may be subject to a substantial sanction, including dismissal with prejudice; counsel for defendants are to provide a copy of this PTO to any pro se plaintiff on Exhibit A and file a proof of mailing; if the parties reach a settlement in a case listed on Exhibit A, submission of a dismissal order for that case will relieve plaintiff and her counsel from the obligation of attending the mandatory settlement conference. Signed by Judge Joseph R. Goodwin on 7/13/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2440; Cases Listed on Exhibit A) (ts)
July 12, 2017 MEMBER CASES TRANSFERRED FROM MDL 2187 to MDL 2440 pursuant to the Orders entered on 7/12/2017: SDWV CA 2:12-cv-03618 Landers v. Cook Incorporated et al, SDWV CA 2:13-cv-00836 Hogan et al v. Cook Incorporated et al, and SDWV CA 2:14-cv-21004 Reedy v. Ethicon, Inc. et al. (kp)
July 11, 2017 MEMBER CASE TERMINATED: WVSD CA 2:16-cv-08327 Chandler v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 7/11/2017. Plaintiff Mary Chandler (WVSD CA 2:16-08327) terminated herein. (ts)
July 11, 2017 Filing 506 MOTION by Jonathan R. Mencel for Change of Firm Name and Firm Address in this MDL and in each individual member case in which he is associated (Mencel, Jonathan)
July 10, 2017 MEMBER CASE TERMINATED: WVSD CA 2:14-cv-22606 Avila v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 7/10/2017. Plaintiff Cecilia Avila (WVSD CA 2:14-22606) terminated herein. (kp)
July 6, 2017 MEMBER CASES TERMINATED: WVSD CA 2:14-cv-29048 Oliver v. Cook Incorporated et al and WVSD CA 2:15-cv-06854 Tyler v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 7/06/2017. Plaintiffs Jackie Oliver (WVSD CA 2:14-29048) and Pauline Tyler (WVSD CA 2:15-06854) terminated herein. (kp)
July 5, 2017 Opinion or Order Filing 505 ORDER denying #504 JOINT MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Majoria Pendergrass to Dismiss With Prejudice. Signed by Judge Joseph R. Goodwin on 7/5/2017. (cc: attys; any unrepresented party) (ts)
June 30, 2017 Filing 504 JOINT MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Majoria Pendergrass to Dismiss With Prejudice (Jones, Christy) (Modified on 7/2/2017 to add party filer) (ts).
June 23, 2017 Opinion or Order Filing 503 PRETRIAL ORDER # 81 (ORDER RE: FEE COMMITTEE PROTOCOL) Pursuant to Section C of the "Order Establishing Criteria for Applications to MDL Fund To Compensate and Reimburse Attorneys for Services Performed and Expenses Incurred for MDL Administration and Common Benefit and Appointment of Common Benefit Fee and Cost Committee" (PTO # 71), the Common Benefit Fee and Cost Committee outlines the process for review of common benefit time submitted and the process for application for fees and expenses as set forth herein. Signed by Judge Joseph R. Goodwin on 6/23/2017. (Attachment: #1 Exhibits 1-4) (cc: Clerk of the JPMDL; attys) (REF: ALL CASES) (ts)
June 16, 2017 MEMBER CASES TRANSFERRED FROM MDL 2187 to MDL 2440 pursuant to the Orders entered on 6/16/2017: SDWV CA 2:14-cv-05874, Cox v. Cook Incorporated et al and SDWV CA 2:14-cv-16006, Loken v. Cook Incoporated et al. (kp)
June 16, 2017 Opinion or Order Filing 502 ORDER (Dismissing Defendant C. R. Bard, Inc. with Prejudice and Transferring Case to MDL 2440) granting the JOINT MOTION by C. R. Bard, Inc., Ila Loken to Dismiss Defendant C. R. Bard, Inc. With Prejudice and MOTION by Ila Loken to Transfer MDLs filed in MDL 2187; Defendant Bard is DISMISSED WITH PREJUDICE as a defendant in the action and the action is TRANSFERRED to MDL 2440; the Clerk is DIRECTED to disassociate the civil action as member case in MDL 2187 and re-associate it with MDL 2440. Signed by Judge Joseph R. Goodwin on 6/16/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (kp) (kp)
June 12, 2017 Opinion or Order Filing 501 PRETRIAL ORDER # 80 (Order: Mandatory Settlement Conference for Cook Plaintiffs) It is directed: 1) Counsel for all plaintiffs who have alleged claims against Cook Incorporated, Cook Biotech, Inc., and Cook Medical, LLC and whose cases have not been resolved are directed to meet and confer with Steve Bennett, John Schlafer or Patrick Reilly, of Faegre Baker Daniels, settlement counsel for Cook, on or before 6/30/2017, and to engage in good faith discussions about the possibility of settlement. 2) Messrs. Schlafer, Witkin, Anderson, and Crump are directed to provide a joint written report to the court via email on 7/12/2017, as to which Cook cases remaining in MDL No. 2440, if any, have been not resolved or dismissed. 3) Based on its review of the 7/12/2017 joint report, the court will identify cases wherein it will conduct settlement conferences in Charleston, West Virginia at the Robert C. Byrd United States Courthouse, Room 7800 beginning at 9:00 a.m. on 7/18/2017 and continuing 7/19/2017. 4) The court will enter an order on 7/13/2017, identifying the cases wherein a settlement conference will be conducted. 5) Individual plaintiffs whose cases are scheduled for a settlement conference shall appear in person for the settlement conference with counsel. 6) Any plaintiff who fails to comply with this PTO may be subject to a substantial sanction, including dismissal with prejudice. 7) Cases not settled during the settlement conference will be dealt with by further order. Signed by Judge Joseph R. Goodwin on 6/12/2017. (cc: Clerk of the JPMDL; attys) (REF: ALL CASES) (ts)
June 9, 2017 MEMBER CASES TRANSFERRED FROM MDL 2187 AND MDL 2387 TO MDL 2440 pursuant to the Order entered on 6/9/2017 : SDWV CA 2:14-00709 Whitener v. Cook Incorporated et al and SDWV CA 2:14-cv-29188 Casillas v. Cook Incorporated et al. (mek)
June 9, 2017 Opinion or Order Filing 500 ORDER (Dismissing Defendant C. R. Bard, Inc. with Prejudice and Transferring Case to MDL 2440) granting Joint Motion by C. R. Bard, Inc., Martha Casillas to Dismiss Defendant C. R. Bard, Inc. With Prejudice and Motion by Martha Casillas to Transfer MDLs filed in WVSD CA 2:14-cv-29188 Casillas v. C.R. Bard, Inc, et al. To the extent an Amended Short Form Complaint has not been filed, plaintiff's counsel is DIRECTED to file an Amended Short Form Complaint within the time frame stated in the motion. Defendant Bard is DISMISSED WITH PREJUDICE as a defendant in this action and this action is TRANSFERRED to MDL 2440. The Clerk is DIRECTED to disassociate the civil action as member case in MDL 2187 and re-associate it with MDL 2440. Signed by Judge Joseph R. Goodwin on 6/9/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
June 9, 2017 Filing 499 JOINT MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Certain Plaintiffs to Dismiss With Prejudice (Jones, Christy) (Modified on 6/9/2017 to remove and replace unsigned image)(skh).
June 9, 2017 NOTICE OF DOCKET CORRECTION re: #499 Joint Motion by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Certain Plaintiffs to Dismiss With Prejudice. ERROR: Unsigned image attached. CORRECTION: Unsigned image removed and replaced with signed image. (skh)
June 8, 2017 MEMBER CASE TRANSFERRED FROM MDL 2325 TO MDL 2440 pursuant to the Order entered on 6/08/2017: SDWV CA 2:11-cv-0799 Flannagan, et al v. Cook Incorporated et al. (ts)
June 8, 2017 Opinion or Order Filing 498 ORDER (Dismissing Defendant American Medical Systems, Inc. with Prejudice and Transferring Case to MDL 2440) granting Joint Motion by American Medical Systems, Inc., Janice Flannagan, Jeffery Flannagan to Dismiss Defendant American Medical Systems, Inc. With Prejudice and Motion by Janice Flannagan, Jeffery Flannagan to Transfer MDLs filed in WVSD CA 2:14-cv-10799 Flannagan, et al v. American Medical System, Inc, et al. To the extent an Amended Short Form Complaint has not been filed, plaintiffs' counsel is DIRECTED to file an Amended Short Form Complaint within the time frame stated in the motion. Defendant AMS is DISMISSED WITH PREJUDICE as a defendant in this action and this action is TRANSFERRED to MDL 2440. The Clerk is DIRECTED to disassociate the civil action as member case in MDL 2325 and re-associate it with MDL 2440. Signed by Judge Joseph R. Goodwin on 6/8/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn)
June 5, 2017 MEMBER CASE TRANSFERRED FROM MDL 2325 to MDL 2440 pursuant to the Order entered on 6/5/2017: SDWV CA 2:12-cv-33836, Orellana v. Cook Incorporated et al. (kp)
June 5, 2017 Opinion or Order Filing 497 ORDER (Dismissing Defendant American Medical Systems, Inc. with Prejudice and Transferring Case to MDL 2440) granting the JOINT MOTION by American Medical Systems, Inc., Kimberly Renee Orellana to Dismiss Defendant American Medical Systems, Inc. With Prejudice and MOTION by Kimberly Renee Orellana to Transfer MDLs filed in Orellana v. American Medical System, Inc., et al., Civil Action No. 2:13-cv-33836; plaintiff's counsel is DIRECTED to file an Amended Short Form Complaint within the time frame stated in the motion; Defendant AMS is DISMISSED WITH PREJUDICE as a defendant in the action and the action is TRANSFERRED to MDL 2440; the Clerk is DIRECTED to disassociate the civil action as member case in MDL 2325 and re-associate it with MDL 2440. Signed by Judge Joseph R. Goodwin on 6/5/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (kp)
June 1, 2017 MEMBER CASE TRANSFERRED FROM MDL 2187 TO MDL 2440 pursuant to the Order entered on 6/01/2017: SDWV CA 2:13-cv-18958 Beck v. Cook Incorporated et al. (ts)
June 1, 2017 Opinion or Order Filing 496 ORDER granting the Notice of Dismissal by Debra Beck pursuant to Rule 41(a)(1)(A)(i), Federal Rules of Civil Procedure, and Motion by Debra Beck to Transfer Beck v. C.R. Bard, Inc., et al. Case No.: 2:13-cv-18958; the Clerk is directed to disassociate this civil action as a member case in MDL 2187 and re-associate the member case with MDL 2440. Signed by Judge Joseph R. Goodwin on 6/1/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (kp)
May 25, 2017 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-21287 Perez v. Cook Group, Inc. et al and WVSD CA 2:13-cv-21289 Benson v. Cook Group, Inc. et al, terminated pursuant to the Orders entered in the member civil actions on 5/25/2017. Plaintiffs Delia Perez (WVSD CA 2:13-21287) and Martha Benson (WVSD CA 2:13-21289) terminated herein. (ts)
May 17, 2017 MEMBER CASE TERMINATED: WVSD CA 2:13-cv-18894 Barton et al v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 5/17/2017. Plaintiffs Kathryn Barton (WVSD CA 2:13-18894) and William Barton (WVSD CA 2:13-18894) terminated herein. (ts)
May 17, 2017 MEMBER CASE TRANSFERRED FROM MDL 2325 TO MDL 2440 pursuant to the Order entered on 5/17/2017: SDWV CA 2:14-cv-01770 Gilbreth v. Cook Incorporated et al. (ts)
May 17, 2017 Opinion or Order Filing 495 ORDER (Dismissing Defendant American Medical Systems, Inc. with Prejudice and Transferring Case to MDL 2440) granting the Joint Motion by American Medical Systems, Inc., Linda Mae Gilbreth to Dismiss Defendant American Medical Systems, Inc. With Prejudice and MOTION by Linda Mae Gilbreth to Transfer MDLs filed in Gilbreth v. Cook Incorporated, et al. Civil Action No. 2:14-cv-01770 ; Defendant AMS is DISMISSED WITH PREJUDICE as a defendant in the action and the action is TRANSFERRED to MDL 2440; the Clerk is DIRECTED to disassociate the civil action as member case in MDL 2325 and re-associate it with MDL 2440. Signed by Judge Joseph R. Goodwin on 5/17/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (mek)
May 10, 2017 Filing 494 MOTION by Matthew B. Millis to Withdraw as Counsel for Defendants Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated in MDL 2440 and every associated member case (Millis, Matthew)
May 9, 2017 MEMBER CASE TERMINATED: WVSD CA 2:14-cv-09500 Stewart et al v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 5/08/2017. Plaintiffs Carla Stewart (WVSD CA 2:14-9500) and Tommie L. Stewart (WVSD CA 2:14-9500) terminated herein. (ts)
April 28, 2017 Filing 493 MOTION by Lana K. Varney for Change of Address in MDL 2440 and in Each Individual Member Case in Which she is Associated (Attachment: #1 Proposed Order)(Varney, Lana) (Modified on 4/29/2017 to convert event to motion)
April 27, 2017 MEMBER CASE TERMINATED: WVSD CA 2:14-cv-21860 Reding et al v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 4/27/2017. Plaintiffs George Michael Reding (WVSD CA 2:14-21860) and Jo Ann Reding (WVSD CA 2:14-21860) terminated herein. (ts)
April 26, 2017 MEMBER CASE TERMINATED: WVSD CA 2:15-cv-09907 Hendrickx et al v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 4/26/2017. Plaintiffs Kris Elaine Hendrickx (WVSD CA 2:15-09907) and Walter William Hendrickx (WVSD CA 2:15-09907) terminated herein. (ts)
April 12, 2017 MEMBER CASE TRANSFERRED FROM MDL 2387 TO MDL 2440 pursuant to the Order entered on 4/12/2017: SDWV CA 2:13-cv-16472 Nerren v. Cook Incorporated et al. (ts)
March 28, 2017 MEMBER CASE TRANSFERRED FROM MDL 2325 to MDL 2440 pursuant to the Order entered on 3/28/2017: SDWV CA 2:13-cv-27740, Priar v. Cook Incorporated et al. (kp)
March 28, 2017 Opinion or Order Filing 492 ORDER (Dismissing Defendant American Medical Systems, Inc. with Prejudice and Transferring Case to MDL 2440) granting the JOINT MOTION by American Medical Systems, Inc., Denise Priar to Dismiss Defendant American Medical Systems, Inc. With Prejudice and MOTION by Denise Priar to Transfer MDLs filed in 2:13-cv-27740 Priar v. American Medical Systems, Inc.; plaintiff's counsel is DIRECTED to file an Amended Short Form Complaint within the time frame stated in the motion; Defendant AMS is DISMISSED WITH PREJUDICE as a defendant in the action and the action is TRANSFERRED to MDL 2440; the Clerk is DIRECTED to disassociate the civil action as member case in MDL 2325 and re-associate it with MDL 2440. Signed by Judge Joseph R. Goodwin on 3/28/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (kp)
March 23, 2017 MEMBER CASE TRANSFERRED FROM MDL 2187 TO MDL 2440 pursuant to the Order entered on 3/23/2017: SDWV CA 2:14-cv-01816 Milligan, et al v. Cook Incorporated et al. (ts)
March 23, 2017 Opinion or Order Filing 491 ORDER (Dismissing Defendant C. R. Bard, Inc. with Prejudice and Transferring Case to MDL 2440) granting the Joint Motion by C. R. Bard, Inc., Pamela F. Milligan, Kenneth Ray Milligan to Dismiss Defendant C. R. Bard, Inc. With Prejudice and MOTION by Pamela F. Milligan, Kenneth Ray Milligan to Transfer MDLs filed in WVSD CA 2:14-cv-01816 Milligan, et al. v. C. R. Bard, Inc., et al.; Plaintiffs' counsel is DIRECTED to file an Amended Short Form Complaint within the time frame stated in the motion; Defendant Bard is DISMISSED WITH PREJUDICE as a defendant in the action and the action is TRANSFERRED to MDL 2440; and the Clerk is DIRECTED to disassociate the civil action as member case in MDL 2187 and re-associate it with MDL 2440. Signed by Judge Joseph R. Goodwin on 3/23/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (mek)
March 22, 2017 MEMBER CASES TRANSFERRED FROM MDL 2187 TO MDL 2440 pursuant to the Order entered on 3/22/2017: SDWV CA 2:14-cv-25781 Hicks et al v. Cook Incorporated et al and SDWV CA 2:15-cv-03423 Chipps v. Cook Incorporated et al. (ts)
March 10, 2017 Opinion or Order Filing 490 ORDER (Dismissing Defendant Coloplast Corp. with Prejudice) granting #487 JOINT MOTION to Dismiss Defendant Coloplast Corp. with Prejudice filed by the plaintiff, identified on the attached Exhibit A, and Coloplast Corp. seeking dismissal of Coloplast from this action with prejudice because all claims between them have been compromised and settled; Other defendants remain in this action, and plaintiff will continue to prosecute this action against them. Signed by Judge Joseph R. Goodwin on 3/10/2017. (cc: attys) (REF: MDL 2440; Case Listed on Exhibit A) (ts)
March 7, 2017 MEMBER CASE TRANSFERRED FROM MDL 2187 to MDL 2440 pursuant to the Order entered on 3/7/2017: SDWV CA 2:13-cv-10877 Lawson v. Cook Incorporated et al. (kp)
March 7, 2017 Opinion or Order Filing 489 ORDER (Dismissing Defendant C. R. Bard, Inc. with Prejudice and Transferring Case to MDL 2440) granting the JOINT MOTION by C. R. Bard, Inc., Cora Lawson to Dismiss Defendant C. R. Bard, Inc. With Prejudice and MOTION by Cora Lawson to Transfer MDLs filed in Lawson v. C. R. Bard, Inc., et al. Civil Action No. 2:13-cv-10877; Plaintiff's counsel is DIRECTED to file an Amended Short Form Complaint within the time frame stated in the motion; Defendant Bard is DISMISSED WITH PREJUDICE as a defendant in the action and the action is TRANSFERRED to MDL 2440; the Clerk is DIRECTED to disassociate the civil action as member case in MDL 2187 and re-associate it with MDL 2440. Signed by Judge Joseph R. Goodwin on 3/7/2017. (cc: Clerk of the JPMDL: counsel of record; any unrepresented party) (kp)
February 27, 2017 MEMBER CASE TRANSFERRED FROM MDL 2325 to MDL 2440 pursuant to the Order entered on 2/27/2017: SDWV CA 2:13-cv-33997 Ivicsics v. Cook Incorporated et al. (kp)
February 27, 2017 Opinion or Order Filing 488 ORDER (Dismissing Defendant American Medical Systems, Inc. with Prejudice and Transferring Case to MDL 2440) granting the JOINT MOTION by American Medical Systems, Inc., Antoinette Ivicsics to Dismiss Defendant American Medical Systems, Inc. With Prejudice and MOTION by Antoinette Ivicsics to Transfer MDLs filed in Ivicsics v. American Medical System, Inc., et al. Civil Action No. 2:13-cv-33997; Plaintiff's counsel is DIRECTED to file an Amended Short Form Complaint within the time frame stated in the motion; Defendant AMS is DISMISSED WITH PREJUDICE as a defendant in the action and the action is TRANSFERRED to MDL 2440; the Clerk is DIRECTED to disassociate the civil action as member case in MDL 2325 and re-associate it with MDL 2440. Signed by Judge Joseph R. Goodwin on 2/27/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (kp)
February 21, 2017 MEMBER CASE TRANSFERRED FROM MDL 2326 to MDL 2440 pursuant to the Order entered on 2/21/2017: SDWV CA 2:14-cv-25372 Vaden v. Cook Incorporated et al. (kp)
February 20, 2017 Filing 487 JOINT MOTION by Coloplast Corp., Josephine Condon (WVSD CA 2:15-14428) to Dismiss Defendant Coloplast Corp. With Prejudice (Attachment: #1 Proposed Order)(Varney, Lana) (Modified on 2/20/2017 to add party filer)(skh).
February 13, 2017 Opinion or Order Filing 486 ORDER (Dismissing Defendant American Medical Systems, Inc. with Prejudice) Pending in MDL 2440, is #485 Joint Motion to Dismiss Defendant American Medical Systems, Inc. With Prejudice filed by plaintiffs, identified on the attached Exhibit A, and American Medical Systems, Inc. seeking dismissal of AMS from these actions with prejudice. Because all claims between them have been compromised and settled, including all claims, counterclaims, cross-claims and third party claims, the Joint Motion to Dismiss AMS with Prejudice is GRANTED. Other defendants remain in these actions, and plaintiffs will continue to prosecute these actions against them. Signed by Judge Joseph R. Goodwin on 2/13/2017. (cc: attys; any unrepresented party) (REF: MDL 2440; Cases Listed on Exhibit A) (kp)
February 10, 2017 MEMBER CASE TRANSFERRED FROM MDL 2326 TO MDL 2440 pursuant to the Order entered on 2/10/2017: SDWV CA 2:15-cv-16071 Sanders et al v. Cook Incorporated et al. (ts)
February 6, 2017 MEMBER CASES TRANSFERRED FROM MDL 2325 TO MDL 2440 pursuant to the Orders entered on 2/06/2017: SDWV CA 2:14-cv-12851 Hicks v. Cook Incorporated et al and SDWV CA 2:14-cv-14120 Perez-Guerra et al v. Cook Incorporated et al. (ts)
February 3, 2017 Filing 485 JOINT MOTION by American Medical Systems, Inc., Certain Plaintiffs to Dismiss Defendant American Medical Systems, Inc. With Prejudice (Binis, Barbara)
February 2, 2017 Opinion or Order Filing 484 PRETRIAL ORDER # 79 (ORDER AMENDING PTO # 68 - ORDER ESTABLISHING REPORTING ON PAYMENT TO THE MDL 2440 FUND) This Pretrial Order amends the reporting process to collect additional information on settlements of covered claims to confirm that all 5% payments that must be paid into the common benefit fund by defendants pursuant to PTO # 12 (as amended by PTO # 45) are making their way to the common benefit fund. Signed by Judge Joseph R. Goodwin on 2/2/2017. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (cc: Clerk of the JPMDL; attys) (REF: ALL CASES) (ts)
January 25, 2017 MEMBER CASE TERMINATED: WVSD CA 2:13-cv-19535 Corbitt v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 1/25/2017. Plaintiff Patricia Corbitt (WVSD CA 2:13-19535) terminated herein. (mek)
January 19, 2017 MEMBER CASE TRANSFERRED FROM MDL 2187 TO MDL 2440 pursuant to the Order entered on 1/19/2017: SDWV CA 2:14-cv-21878 Perfect et al v. C. R. Bard, Inc. (ts)
January 19, 2017 Opinion or Order Filing 483 ORDER (Dismissing Defendant C. R. Bard, Inc. with Prejudice and Transferring Case to MDL 2440) granting the JOINT MOTION by C. R. Bard, Inc., Shirley J. Perfect, Eric S. Perfect to Dismiss Defendant C. R. Bard, Inc. With Prejudice and MOTION by Shirley A. Perfect, Eric S. Perfect to Transfers MDLs filed in Perfect, et al. v. C. R. Bard, Inc., et al. Civil Action No. 2:14-cv-21878 ; Plaintiffs' counsel is DIRECTED to file an Amended Short Form Complaint within the time frame stated in the motion' Defendant Bard is DISMISSED WITH PREJUDICE as a defendant in the action and the action is TRANSFERRED to MDL 2440; and the Clerk is DIRECTED to disassociate the civil action as member case in MDL 2187 and re-associate it with MDL 2440. Signed by Judge Joseph R. Goodwin on 1/19/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (kp)
January 18, 2017 MEMBER CASES TRANSFERRED FROM MDLs 2325 and 2326 TO MDL 2440 pursuant to the Orders entered on 1/18/2017: SDWV CA 2:13-cv-33730 Lee et al v. Boston Scientific Corporation et al and SDWV CA 2:13-cv-24789 Yarbrough et al v. American Medical Systems, Inc. et al. (ts)
January 17, 2017 Filing 482 MOTION by Kell Lampin, LLC to Substitute J. Mark Kell and Withdraw Daniel A. Raniere as Counsel for Certain Plaintiffs and for Change of Address in this MDL and in every member case in which they are associated (Raniere, Daniel)
January 12, 2017 MEMBER CASES TRANSFERRED FROM MDL 2326 TO MDL 2440 pursuant to the Orders entered on 1/12/2017: SDWV CA 2:13-cv-31199 McDonald et al v. Cook Incorporated et al and SDWV CA 2:14-cv-20810 Geoghegan v. Cook Incorporated et al. (ts)
January 12, 2017 Opinion or Order Filing 481 ORDER granting #452 MOTION by Richard A. Capshaw and Capshaw & Associates for Change of Address in this MDL and in each individual member case in which Capshaw & Associates is associated. The Clerk is DIRECTED to update the information, as set forth in the Motion, both on the main master docket and for each individual member case in MDL 2440 with which Richard Capshaw is associated. Signed by Judge Joseph R. Goodwin on 1/12/2017. (cc: attys; any unrepresented party) (klc)
January 4, 2017 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Buchanan v. Cook Incorporated et al, SDWV CA 2:17-cv-00071. (lca)
December 23, 2016 MEMBER CASE TRANSFERRED FROM MDL 2325 TO MDL 2440 pursuant to the Order entered on 12/23/2016: SDWV CA 2:13-cv-05734 Ward v. Cook Incorporated et al, SDWV CA 2:14-cv-07007 Cook et al v. Cook Incorporated et al and SDWV CA 2:14-cv-13599 Wilson v. Cook Incorporated et al. (ts)
December 22, 2016 MEMBER CASES TRANSFERRED FROM MDL 2325 to MDL 2440 pursuant to the Order entered on 12/22/2016: SDWV CA 2:14-cv-05910 Benson v. Cook Incorporated et al and SDWV CA 2:14-cv-29210 Skaggs v. Cook Medical, Inc. (kp)
December 21, 2016 MEMBER CASE TERMINATED: WVSD CA 2:16-cv-03653 Christian et al v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 12/21/2016. Plaintiffs Gail D. Christian (WVSD CA 2:16-03653) and Thomas L. Christian (WVSD CA 2:16-03653) terminated herein. (ts)
December 13, 2016 Opinion or Order Filing 480 ORDER (Dismissing Defendant American Medical Systems, Inc. with Prejudice and Transferring Case to MDL 2440) granting JOINT MOTION by American Medical Systems, Inc., Julie Green, Larry Green to Dismiss Defendant American Medical Systems, Inc. With Prejudice and MOTION by Julie Green, Larry Green TO TRANSFER Green et al., v. American Medical System, Inc., et al. Civil Action No. 2:13-cv-02644 from MDL 2325 American Medical Systems to MDL 2440 Cook; Plaintiffs' counsel is directed to file an Amended Short Form Complaint within the time frame stated in the motion; Defendant AMS is DISMISSED WITH PREJUDICE as a defendant in the action and the action is TRANSFERRED to MDL 2440; the Clerk is directed to disassociate the civil action as member case in MDL 2325 and re-associate it with MDL 2440. Signed by Judge Joseph R. Goodwin on 12/13/2016. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (kp)
December 13, 2016 MEMBER CASE TRANSFERRED FROM MDL 2325 to MDL 2440 pursuant to the Order entered on 12/13/2016: SDWV CA 2:13-cv-02644 Green et al v. Cook Medical, Inc. et al. (kp)
November 18, 2016 Opinion or Order Filing 479 ORDER granting #443 MOTION by J. Gerard Stranch IV, Benjamin A. Gastel and Branstetter, Stranch & Jennings, PLLC For Change of Address. The Clerk is directed to update the firm address and telephone numbers, as set forth in the Motion, both on the main master docket and for each individual member case in MDL 2440 with which J. Gerard Stranch, IV and Benjamin A. Gastel are associated. Signed by Judge Joseph R. Goodwin on 11/18/2016. (cc: attys; any unrepresented party) (klc)
November 18, 2016 Opinion or Order Filing 478 ORDER granting #470 MOTION by Eisenberg Gilchrist & Cutt to Substitute Attorney Sarah Wade in place of Attorney Jeff Sbaih. The Clerk is directed to terminate Jeff M. Sbaih as counsel for plaintiffs and to substitute Sarah Marie Wade as counsel of record, both on the main master docket and for each individual member case in MDL 2440 with which Jeff M. Sbaih is associated. Signed by Judge Joseph R. Goodwin on 11/18/2016. (cc: attys; any unrepresented party) (klc)
November 17, 2016 Opinion or Order Filing 477 ORDER granting #437 MOTION by Joseph J. Zonies and Gregory D. Bentley for Change of Attorney Information. The Clerk is directed to update the attorney information, as set forth in the Motion, both on the main master docket and for each individual member case in MDL 2440 with which Joseph J. Zonies and Gregory D. Bentley are associated. Signed by Judge Joseph R. Goodwin on 11/17/2016. (cc: attys; any unrepresented party) (klc)
November 16, 2016 Opinion or Order Filing 476 ORDER (Dismissing Defendant Entities of American Medical Systems, Inc. with Prejudice) AMS entities American Medical Systems Holdings Inc., Endo Pharmaceuticals, Inc., Endo Pharmaceuticals Holdings, Inc., and Endo Health Solutions Inc. are dismissed with prejudice from the individual case - 2:13-cv-21297, Nichols, et al; other defendants remain in this action, and plaintiffs will continue to prosecute this action against them. Signed by Judge Joseph R. Goodwin on 11/16/2016. (cc: attys) (REF: MDL 2440; 2:13-cv-21297, Nichols, et al) (ts)
November 14, 2016 Opinion or Order Filing 475 ORDER (Dismissing Defendant American Medical Systems, Inc. with Prejudice) Pending in MDL 2440, is #474 Joint Motion to Dismiss Defendant American Medical Systems, Inc. With Prejudice filed by plaintiffs, identified on the attached Exhibit A, and American Medical Systems, Inc. seeking dismissal of AMS from these actions with prejudice. Because all claims between them have been compromised and settled, including all claims, counterclaims, cross-claims and third party claims, the Joint Motion to Dismiss AMS with Prejudice is GRANTED. Other defendants remain in these actions, and plaintiffs will continue to prosecute these actions against them. Signed by Judge Joseph R. Goodwin on 11/14/2016. (cc: attys; any unrepresented party) (REF: MDL 2440; Cases Listed on Exhibit A) (kp)
November 10, 2016 Filing 474 JOINT MOTION by American Medical Systems, Inc., Helen Gaevert (2:13-cv-18468), Lisa Compagna (2:13-cv-20913) to Dismiss Defendant American Medical Systems, Inc. With Prejudice (Binis, Barbara) (Modified on 11/12/2016 to add party filers) (skh).
November 7, 2016 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Gifford v. Cook Incorporated et al, SDWV CA 2:16-cv-10647. (lca)
November 3, 2016 Filing 473 MOTION by Derek H. Potts and The Potts Law Firm, LLP for Change of Address in this MDL and in each individual member case in which The Potts Law Firm, LLP is associated (Potts, Derek)
November 2, 2016 MEMBER CASES OPENED: Direct Filings in the Southern District of West Virginia: Chandler v. Cook Incorporated et al, SDWV CA 2:16-cv-10444; Felter et al v. Cook Incorporated et al, SDWV CA 2:16-cv-10445; Marsh v. Cook Incorporated et al, SDWV CA 2:16-cv-10446; Proctor v. Cook Incorporated et al, SDWV CA 2:16-cv-10447; Spurr et al v. Cook Incorporated et al, SDWV CA 2:16-cv-10448. (lca)
November 1, 2016 Filing 472 MOTION by Certain Plaintiffs to Substitute Sarah Wade and Eisenberg Gilchrist & Cutt as Counsel in lieu of Jeff Sbaih in this MDL and in each individual member case in which Eisenberg Gilchrist & Cutt is listed as counsel (Attachment: #1 Proposed Order)(Sbaih, Jeff)
October 27, 2016 Filing 471 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 (MacLean, Leslie) (Modified on 10/28/2016 to convert event to motion)(skh)
October 19, 2016 Filing 470 MOTION by Eisenberg Gilchrist & Cutt to Substitute Attorney Sarah Wade in place of Attorney Jeff Sbaih in this MDL and in each member case in which Eisenberg Gilchrist & Cutt has appeared (Sbaih, Jeff)
October 14, 2016 Opinion or Order Filing 469 ORDER (Dismissing Defendant American Medical Systems, Inc. with Prejudice and Transferring Case to MDL 2440) granting the Joint Motion by American Medical Systems, Inc., Maxine St. Cyr to Dismiss Defendant American Medical Systems, Inc. With Prejudice and Motion by Maxine St. Cyr to Transfer MDLs filed in St. Cyr v. American Medical System, Inc., et al. Civil Action No. 2:13-cv-19812; Plaintiff's counsel is DIRECTED to file an Amended Short Form Complaint within fourteen days of the date of this order; Defendant AMS is DISMISSED WITH PREJUDICE as a defendant in this action and this action is TRANSFERRED to MDL 2440; and the Clerk is DIRECTED to disassociate the civil action as member case in MDL 2325 and re-associate it with MDL 2440. Signed by Judge Joseph R. Goodwin on 10/14/2016. (cc: Clerk of the JPMDL; counsel of record) (kp)
October 14, 2016 MEMBER CASE TRANSFERRED FROM MDL 2325 to MDL 2440 pursuant to the Order entered on 10/14/2016: SDWV CA 2:13-cv-19812, St. Cyr v. Cook Medical, Inc. et al. (kp)
September 22, 2016 Filing 468 MOTION by John D. Waller and Matthew B. Millis to Withdraw as Counsel for Defendants Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated in MDL 2440 and each member case associated with MDL 2440 (Waller, John)
September 21, 2016 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Lewis et al v. Cook Incorporated et al, SDWV CA 2:16-cv-09031. (lca)
September 21, 2016 MEMBER CASE TRANSFERRED FROM MDL 2187 to MDL 2440 pursuant to the Order entered on 9/21/2016: SDWV CA 2:15-cv-04882 Clark v. Cook Incorporated et al. (kp)
September 21, 2016 Opinion or Order Filing 467 ORDER (Dismissing Defendant C. R. Bard, Inc. with Prejudice and Transferring Case to MDL 2440) granting the Joint Motion by C. R. Bard, Inc., Crystal Clark to Dismiss Defendant C. R. Bard, Inc. With Prejudice and Motion by Crystal Clark to Transfer MDLs filed in Clark v. C. R. Bard, Inc., et al. Civil Action No. 2:15-cv-04882; Plaintiff's counsel is DIRECTED to file an Amended Short Form Complaint within the time frame stated in the motion; Defendant Bard is DISMISSED WITH PREJUDICE as a defendant in the action and the action is TRANSFERRED to MDL 2440; and the Clerk is DIRECTED to disassociate the civil action as member case in MDL 2187 and re-associate it with MDL 2440. Signed by Judge Joseph R. Goodwin on 9/21/2016. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (mek)
September 21, 2016 Filing 466 TRANSCRIPT OF PROCEEDINGS of status conference held on September 14, 2016, before Judge Joseph R. Goodwin and Magistrate Judge Cheryl A. Eifert. Court Reporter Mary Schweinhagen, Telephone number 304-347-3188/mary_schweinhagen@wvsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 10/3/2016. Redaction Request due 10/12/2016. Redacted Transcript Deadline set for 10/24/2016. Release of Transcript Restriction set for 12/20/2016. (mas) (Modified docket text on 9/22/2016) (klc).
September 20, 2016 Opinion or Order Filing 465 Order granting #438 MOTION by Douglas B. King for Jennifer Lynn Schuster to Withdraw as Counsel in this MDL and every member case associated with this MDL for Defendants Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc., granting #462 MOTION by Dale W. Eikenberry to Withdraw as Counsel for Defendants Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated in MDL 2440 and every member case associated with MDL 2440, and granting #456 MOTION by Douglas B. King to Withdraw Justin A. Kashman as Counsel of Record and to Substitute Jere A. Rosebrock as Counsel of Record for Defendants Cook Biotech Inc., Cook Biotech Incorporated, Cook Incorporated, Cook Medical Inc., Cook Medical Incorporated, Cook Medical, Inc., Cook Urological Inc., Cook, Inc. The Clerk is DIRECTED to substitute Jere A. Rosebrock on the main MDL and each individual member case associated with MDL 2440 in which Justin A. Kashman appears; to substitute Douglas B. King on the main MDL and each individual member case in MDL 2440 in which Justin A. Kashman and/or Jennifer L. Schuster and/or Dale W. Eikenberry appear as counsel of record; and, terminate Jennifer L. Schuster, Justin A. Kashman, and Dale W. Eikenberry as counsel of record, both on the main master docket and in each individual member case associated with MDL 2440. Signed by Judge Joseph R. Goodwin on 9/20/2016. (cc: attys; any unrepresented party) (klc)
September 19, 2016 Opinion or Order Filing 464 ORDER (Dismissing Defendant American Medical Systems, Inc. with Prejudice) Pending in MDL 2440, is a #453 Joint Motion to Dismiss Defendant American Medical Systems, Inc. With Prejudice filed by plaintiffs, identified on the attached Exhibits A-B,and American Medical Systems, Inc. seeking dismissal of AMS from these actions with prejudice. Because all claims between them have been compromised and settled, including all claims, counterclaims, cross-claims and third party claims, the Joint Motion to Dismiss AMS with Prejudice is GRANTED. Other defendants remain in these actions, and plaintiffs will continue to prosecute these actions against them. Signed by Judge Joseph R. Goodwin on 9/19/2016. (cc: attys) (ts)
September 16, 2016 MEMBER CASE TRANSFERRED FROM MDL 2511 TO MDL 2440 pursuant to the Order entered on 9/16/2016: SDWV CA 2:14-cv-18554 McDonald et al v. Desarrollo e Investigacion Medica Aragonesa, S.L. et al. (ts)
September 16, 2016 Opinion or Order Filing 463 ORDER granting the Joint Motion by Desarrollo e Investigacion Medica Aragonesa, S.L., Neomedic Inc., Neomedic International, S.L., Specialties Remeex International, S.L., Florence A. McDonald, Wendell J. McDonald to Dismiss Defendant Neomedic With Prejudice and Motion by Florence A. McDonald, Wendell J. McDonald to Transfer MDLs filed in McDonald et al v. Desarrollo e Investigacion Medica Aragonesa, S.L., et al; and directing the Clerk to disassociate this civil action as a member case in MDL 2511 and re-associate it with MDL 2440. Signed by Judge Joseph R. Goodwin on 9/16/2016. (cc: Clerk of the JPMDL; attys) (ts)
September 15, 2016 Filing 462 MOTION by Dale W. Eikenberry to Withdraw as Counsel for Defendants Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated in MDL 2440 and every member case associated with MDL 2440 (Eikenberry, Dale)
September 14, 2016 MEMBER CASE TRANSFERRED FROM MDL 2325 to MDL 2440 pursuant to the Order entered on 9/14/2016: SDWV CA 2:13-cv-29573, Hedge v. Cook Incorporated et al. (kp)
September 14, 2016 Opinion or Order Filing 461 ORDER (Dismissing Defendant American Medical Systems, Inc. without Prejudice and Transferring Case to MDL 2440) granting the Joint Motion by American Medical Systems, Inc., Alto Hedge to Dismiss Defendant American Medical Systems, Inc. Without Prejudice and Motion by Alto Hedge to Transfer MDLs filed in Hedge v. American Medical System, Inc., et al. Civil Action No. 2:13-cv-29573; Plaintiff's counsel is DIRECTED to file an Amended Short Form Complaint within the time frame stated in the motion; Defendant AMS is DISMISSED WITHOUT PREJUDICE as a defendant in the action and the action is TRANSFERRED to MDL 2440; and the Clerk is DIRECTED to disassociate the civil action as member case in MDL 2325 and re-associate it with MDL 2440. Signed by Judge Joseph R. Goodwin on 9/14/2016. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (mek)
September 12, 2016 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Garrett v. Cook Incorporated et al, SDWV CA 2:16-cv-08773. (lca)
September 2, 2016 MEMBER CASE TERMINATED: WVSD CA 2:16-cv-02409 McArthur v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 9/2/2016. Plaintiff Dorothy McArthur (WVSD CA 2:16-02409) terminated herein. (mek)
September 1, 2016 MEMBER CASE TRANSFERRED FROM MDL 2187 TO MDL 2440 pursuant to the Order entered on 09/01/2016: SDWV CA 2:13-cv-17372 Rogowski et al v. Cook Incorporated et al. (mek)
September 1, 2016 Opinion or Order Filing 460 ORDER (Dismissing Defendant C. R. Bard, Inc. with Prejudice and Transferring Case to MDL 2440) granting a Joint Motion by C. R. Bard, Inc., Billy Rogowski, Sr., Theresa Rogowski to Dismiss Defendant C. R. Bard, Inc. With Prejudice and Motion by Billy Rogowski, Sr., Theresa Rogowski to Transfer MDLs filed in Rogowski, et al. v. C. R. Bard, Inc., et al. Civil Action No. 2:13-cv-17372; Plaintiffs' counsel is DIRECTED to file an Amended Short Form Complaint within the time frame stated in the motion; Defendant Bard is DISMISSED WITH PREJUDICE as a defendant in the action and the action is TRANSFERRED to MDL 2440; the Clerk is DIRECTED to disassociate the civil action as member case in MDL 2187 and re-associate it with MDL 2440. Signed by Judge Joseph R. Goodwin on 9/1/2016. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (mek)
August 31, 2016 MEMBER CASES OPENED: Direct Filings in the Southern District of West Virginia: Hicks v. Cook Incorporated et al, SDWV CA 2:16-cv-08425; Riley v. Cook Incorporated et al, SDWV CA 2:16-cv-08426; Spencer v. Cook Incorporated et al, SDWV CA 2:16-cv-08427; Tulk v. Cook Incorporated et al, SDWV CA 2:16-cv-08428; Wilson v. Cook Incorporated et al, SDWV CA 2:16-cv-08429; Church v. Cook Incorporated et al, SDWV CA 2:16-cv-08430; Hall v. Cook Incorporated et al, SDWV CA 2:16-cv-08431; Ramos v. Cook Incorporated et al, SDWV CA 2:16-cv-08433; Hall et al v. Cook Incorporated et al, SDWV CA 2:16-cv-08443; Johnson v. Cook Incorporated et al, SDWV CA 2:16-cv-08444; Kindrick v. Cook Incorporated et al, SDWV CA 2:16-cv-08446; Zygadlo et al v. Cook Incorporated et al, SDWV CA 2:16-cv-08457. (lca)
August 30, 2016 MEMBER CASES OPENED: Direct Filings in the Southern District of West Virginia: Cothran et al v. Cook Incorporated et al, SDWV CA 2:16-cv-08376; Gibson et al v. Cook Incorporated et al, SDWV CA 2:16-cv-08378; Lefan et al v. Cook Incorporated et al, SDWV CA 2:16-cv-08379; Tanner v. Cook Incorporated et al, SDWV CA 2:16-cv-08380; Bumgarner et al v. Cook Incorporated et al, SDWV CA 2:16-cv-08382; Mandarino et al v. Cook Incorporated et al, SDWV CA 2:16-cv-08383; Pryor et al v. Cook Incorporated et al, SDWV CA 2:16-cv-08392; Sites v. Cook Incorporated et al, SDWV CA 2:16-cv-08400; Spilman v. Cook Incorporated et al, SDWV CA 2:16-cv-08402; Haymes v. Cook Incorporated et al, SDWV CA 2:16-cv-08403. (lca)
August 29, 2016 MEMBER CASES OPENED: Direct Filings in the Southern District of West Virginia: Gauvreau v. Cook Incorporated et al, SDWV CA 2:16-cv-08296; Higgins v. Cook Incorporated et al, SDWV CA 2:16-cv-08297; Long v. Cook Incorporated et al, SDWV CA 2:16-cv-08298; Lubow v. Cook Incorporated et al, SDWV CA 2:16-cv-08299; Roe v. Cook Incorporated et al, SDWV CA 2:16-cv-08300; Thomas v. Cook Incorporated et al, SDWV CA 2:16-cv-08302; Wolfe v. Cook Incorporated et al, SDWV CA 2:16-cv-08303; Denson v. Cook Incorporated et al, SDWV CA 2:16-cv-08304; Fetheroff v. Cook Incorporated et al, SDWV CA 2:16-cv-08305; Bassett et al v. Cook Incorporated et al, SDWV CA 2:16-cv-08320; Eastman v. Cook Incorporated et al, SDWV CA 2:16-cv-08321; McKay et al v. Cook Incorporated et al, SDWV CA 2:16-cv-08322; Miles v. Cook Incorporated et al, SDWV CA 2:16-cv-08323; Richardson v. Cook Incorporated et al, SDWV CA 2:16-cv-08324; Robinson et al v. Cook Incorporated et al, SDWV CA 2:16-cv-08326; Chandler v. Cook Incorporated et al, SDWV CA 2:16-cv-08327; Durham v. Cook Incorporated et al, SDWV CA 2:16-cv-08328; Farrell et al v. Cook Incorporated et al, SDWV CA 2:16-cv-08329; Hunt et al v. Cook Incorporated et al, SDWV CA 2:16-cv-08330; Miller et al v. Cook Incorporated et al, SDWV CA 2:16-cv-08331; Zaitoun et al v. Cook Incorporated et al, SDWV CA 2:16-cv-08332; Lane v. Cook Incorporated et al, SDWV CA 2:16-cv-08341; Nunez et al v. Cook Incorporated et al, SDWV CA 2:16-cv-08351. (lca)
August 26, 2016 MEMBER CASES OPENED: Direct Filings in the Southern District of West Virginia: Ayerdis v. Cook Incorporated et al, SDWV CA 2:16-cv-08256; Cayson v. Cook Incorporated et al, SDWV CA 2:16-cv-08258; Cole v. Cook Incorporated et al, SDWV CA 2:16-cv-08261; Copeland v. Cook Incorporated et al, SDWV CA 2:16-cv-08262; Cruse v. Cook Incorporated et al, SDWV CA 2:16-cv-08263; Drake v. Cook Incorporated, SDWV CA 2:16-cv-08264; Eberly v. Cook Incorporated et al, SDWV CA 2:16-cv-08265; Ellis v. Cook Incorporated et al, SDWV CA 2:16-cv-08269; Forbes v. Cook Incorporated et al, SDWV CA 2:16-cv-08271; Bivins et al v. Cook Incorporated et al, SDWV CA 2:16-cv-08285; Kelley et al v. Cook Incorporated et al, SDWV CA 2:16-cv-08287. (lca)
August 26, 2016 Opinion or Order Filing 459 ORDER (Dismissing Defendant American Medical Systems, Inc. with Prejudice and Transferring Case to MDL 2440) granting the Joint Motion to Dismiss Defendant American Medical Systems, Inc. with Prejudice and Motion to Transfer MDLs in Runaas, et al., v. American Medical System, Inc., et al. , 2:14-cv-19275; Plaintiffs' counsel is DIRECTED to file an Amended Short Form Complaint within the time frame stated in the motion; Defendant AMS is DISMISSED WITH PREJUDICE as a defendant in this action and this action is TRANSFERRED to MDL 2440; the Clerk is DIRECTED to disassociate the civil action as member case in MDL 2325 and re-associate it with MDL 2440. Signed by Judge Joseph R. Goodwin on 8/26/2016. (cc: Clerk of the JPMDL, counsel of record) (bdr)
August 26, 2016 Opinion or Order Filing 458 ORDER (Dismissing Defendants Neomedic entities with Prejudice and Transferring Case to MDL 2440) granting the Joint Motion to Dismiss Defendant Neomedic with Prejudice and Motion to Transfer MDLs in Burrows et al v. Neomedic International, S.L. et al, 2:15-cv-13433; Plaintiffs' counsel is DIRECTED to file an Amended Short Form Complaint within the time frame stated in the motion; The Neomedic entities are DISMISSED WITH PREJUDICE as defendants in this action and this action is TRANSFERRED to MDL 2440; the Clerk is DIRECTED to disassociate the civil action as member case in MDL 2511 and re-associate it with MDL 2440. Signed by Judge Joseph R. Goodwin on 8/26/2016. (cc: Clerk of the JPMDL, counsel of record) (bdr)
August 26, 2016 MEMBER CASES TRANSFERRED FROM MDL 2325 and MDL 2511 TO MDL 2440 pursuant to the Orders entered on 8/26/2016: SDWV CA 2:14-cv-19275 Runaas et al v. American Medical Systems, Inc. et al. and SDWV CA 2:15-cv-13433 Burrows et al v. Cook Incorporated et al. (ts)
August 25, 2016 MEMBER CASES OPENED: Direct Filings in the Southern District of West Virginia: Martin v. Cook Incorporated et al, SDWV CA 2:16-cv-08196; Busch v. Cook Incorporated et al, SDWV CA 2:16-cv-08231. (lca)
August 23, 2016 MEMBER CASES OPENED: Direct Filings in the Southern District of West Virginia: Head v. Cook Incorporated et al, SDWV CA 2:16-cv-08036; Aspden v. Cook Incorporated et al, SDWV CA 2:16-cv-08043. (lca)
August 19, 2016 MEMBER CASE TRANSFERRED FROM MDL 2325 TO MDL 2440 pursuant to the Order entered on 8/19/2016: SDWV CA 2:13-cv-34014 Austin et al v. Cook Incorporated et al. (mek)
August 19, 2016 Opinion or Order Filing 457 ORDER (Dismissing Defendant American Medical Systems, Inc. with Prejudice and Transferring Case to MDL 2440) granting a Joint Motion by American Medical Systems, Inc., Carla Austin, Willie Austin to Dismiss Defendant American Medical Systems, Inc. With Prejudice and Motion by Carla Austin, Willie Austin to Transfer MDLs filed in Austin, et al. v. American Medical Systems, Inc., et al. Civil Action No. 2:13-cv-34014; Defendant AMS is DISMISSED WITH PREJUDICE as a defendant in the action and the action is TRANSFERRED to MDL 2440; the Clerk is DIRECTED to disassociate the civil action as member case in MDL 2325 and re-associate it with MDL 2440. Signed by Judge Joseph R. Goodwin on 8/19/2016. (cc: Clerk of the JPMDL; counsel of record) (mek)
August 17, 2016 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Aalfs v. Cook Incorporated et al, SDWV CA 2:16-cv-07863. (lca)
August 17, 2016 MEMBER CASES TRANSFERRED FROM MDL 2325 TO MDL 2440 pursuant to the Order entered on 8/17/2016: SDWV CA 2:14-cv-12011 Uyeda v. Cook Incorporated et al and SDWV CA 2:14-cv-13852 Briley v. Cook Incorporated et al. (ts)
August 17, 2016 Filing 456 MOTION by Douglas B. King to Withdraw Justin A. Kashman as Counsel of Record and to Substitute Jere A. Rosebrock as Counsel of Record for Defendants Cook Biotech Inc., Cook Biotech Incorporated, Cook Incorporated, Cook Medical Inc., Cook Medical Incorporated, Cook Medical, Inc., Cook Urological Inc., Cook, Inc. (King, Douglas)
August 17, 2016 Opinion or Order Filing 455 ORDER (Dismissing Defendant American Medical Systems, Inc. with Prejudice and Transferring Case to MDL 2440) granting the Joint Motion to Dismiss Defendant American Medical Systems, Inc. with Prejudice and Motion to Transfer MDLs in Uyeda v. American Medical System, Inc., et al., 2:14-cv-12011; Plaintiff's counsel is DIRECTED to file an Amended Short Form Complaint within the time frame stated in the motion; Defendant AMS is DISMISSED WITH PREJUDICE as a defendant in this action and this action is TRANSFERRED to MDL 2440; the Clerk is DIRECTED to disassociate the civil action as member case in MDL 2325 and re-associate it with MDL 2440. Signed by Judge Joseph R. Goodwin on 8/17/2016. (cc: Clerk of the JPMDL; counsel of record) (bdr)
August 17, 2016 Opinion or Order Filing 454 ORDER (Dismissing Defendant American Medical Systems, Inc. with Prejudice and Transferring Case to MDL 2440) granting the Joint Motion to Dismiss Defendant American Medical Systems, Inc. with Prejudice and Motion to Transfer MDLs in Briley v. American Medical System, Inc., et al., 2:14-cv-13852; Plaintiff's counsel is DIRECTED to file an Amended Short Form Complaint within the time frame stated in the motion; Defendant AMS is DISMISSED WITH PREJUDICE as a defendant in this action and this action is TRANSFERRED to MDL 2440; the Clerk is DIRECTED to disassociate the civil action as member case in MDL 2325 and re-associate it with MDL 2440. Signed by Judge Joseph R. Goodwin on 8/17/2016. (cc: counsel of record) (bdr)
August 16, 2016 MEMBER CASES TRANSFERRED FROM MDL 2325 TO MDL 2440 pursuant to the Order entered on 8/16/2016: SDWV CA 2:13-cv-28506 Edwards v. Cook Incorporated et al and SDWV CA 2:14-cv-00521 Morris v. Cook Incorporated et al. (mek)
August 15, 2016 Filing 453 JOINT MOTION by American Medical Systems, Inc., Certain Plaintiffs to Dismiss Defendant American Medical Systems, Inc. With Prejudice (Binis, Barbara)
August 15, 2016 Filing 452 MOTION by Richard A. Capshaw and Capshaw & Associates for Change of Address in this MDL and in each individual member case in which Capshaw & Associates is associated (Capshaw, Richard)
August 12, 2016 MEMBER CASE TRANSFERRED FROM MDL 2187 TO MDL 2440 pursuant to the Order entered on 8/12/2016: SDWV CA 2:15-cv-9907 Hendrickx et al v. Cook Incorporated et al. (ts)
August 12, 2016 Filing 451 MOTION by Kirk J. Goza and Goza and Honnold, LLC for Change of Firm Information in this MDL and in each individual member case in which he is associated (Goza, Kirk)
August 12, 2016 Opinion or Order Filing 450 ORDER (Dismissing Defendant C. R. Bard, Inc. with Prejudice and Transferring Case to MDL 2440) granting the Joint Motion to Dismiss Defendant C. R. Bard, Inc. with Prejudice and Motion to Transfer MDLs in Hendrickx et al v. C. R. Bard, Inc. et al, 2:15-cv-09907; Plaintiffs' counsel is DIRECTED to file an Amended Short Form Complaint within the time frame stated in the motion; Defendant Bard is DISMISSED WITH PREJUDICE as a defendant in this action and this action is TRANSFERRED to MDL 2440; the Clerk is DIRECTED to disassociate the civil action as member case in MDL 2187 and re-associate it with MDL 2440. Signed by Judge Joseph R. Goodwin on 8/12/2016. (cc: Clerk of JPMDL; counsel of record) (bdr)
August 11, 2016 MEMBER CASES TRANSFERRED FROM MDL 2325 TO MDL 2440 pursuant to the Order entered on 8/11/2016: SDWV CA 2:13-cv-23087 Wilson v. Cook Incorporated et al and SDWV CA 2:14-cv-11871 Finch v. Cook Incorporated et al. (mek)
August 8, 2016 MEMBER CASES TRANSFERRED FROM MDL 2325 TO MDL 2440 pursuant to the Orders entered on 8/8/2016: SDWV CA 2:13-cv-07331 Fenton v. Cook Incorporated et al and SDWV CA 2:13-cv-24167 McDowell et al v. Cook Incorporated et al. (mek)
August 8, 2016 Filing 449 NOTICE OF REQUEST TO BE REMOVED FROM THE COURT'S SERVICE LIST by Charles S. Siegel on behalf of Certain Plaintiffs (Siegel, Charles)
August 8, 2016 Opinion or Order Filing 448 ORDER (Dismissing Defendant American Medical Systems, Inc. with Prejudice and Transferring Case to MDL 2440) granting a Joint Motion by American Medical Systems, Inc., Rebecca Fenton to Dismiss Defendant American Medical Systems, Inc. With Prejudice and Motion to Transfer MDLs filed in Fenton v. American Medical System, Inc., et al., 2:13-cv-07331; Plaintiff's counsel is DIRECTED to file an Amended Short Form Complaint within the time frame stated in the motion; Defendant AMS is DISMISSED WITH PREJUDICE as a defendant in the action and the action is TRANSFERRED to MDL 2440; the Clerk is DIRECTED to disassociate the civil action as member case in MDL 2325 and re-associate it with MDL 2440. Signed by Judge Joseph R. Goodwin on 8/8/2016. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (mek)
August 8, 2016 Opinion or Order Filing 447 ORDER (Dismissing Defendant American Medical Systems, Inc. with Prejudice and Transferring Case to MDL 2440) granting a Joint Motion by American Medical Systems, Inc., Marie McDowell, Randy McDowell to Dismiss Defendant American Medical Systems, Inc. With Prejudice and Motion to Transfer MDLs filed in McDowell, et al. v. American Medical System, Inc., et al., 2:13-cv-24167 ; Plaintiffs' counsel is DIRECTED to file an Amended Short Form Complaint within the time frame stated in the motion; Defendant AMS is DISMISSED WITH PREJUDICE as a defendant in the action and the action is TRANSFERRED to MDL 2440; the Clerk is DIRECTED to disassociate the civil action as member case in MDL 2325 and re-associate it with MDL 2440. Signed by Judge Joseph R. Goodwin on 8/8/2016. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (mek)
August 5, 2016 MEMBER CASE TRANSFERRED FROM MDL 2325 TO MDL 2440 pursuant to the Order entered on 8/05/2016: SDWV CA 2:12-cv-00418 Coruthers v. Cook Incorporated et al. (ts)
August 5, 2016 Opinion or Order Filing 446 ORDER granting the Joint Motion by American Medical Systems, Inc., Elois Coruthers to Dismiss Defendant American Medical Systems, Inc. With Prejudice and Motion to Transfer MDLs filed in Coruthers v. American Medical Systems, Inc., 2:12-cv-00418; Plaintiff's counsel is directed to file an Amended Short Form Complaint within the time frame stated in the motion; Defendant AMS is DISMISSED WITH PREJUDICE as a defendant in this action and this action is TRANSFERRED to MDL 2440; the Clerk is directed to disassociate the civil action as member case in MDL 2325 and re-associate it with MDL 2440. Signed by Judge Joseph R. Goodwin on 8/5/2016. (cc: Clerk of the JPMDL; counsel of record) (ts)
July 20, 2016 Opinion or Order Filing 445 PRETRIAL ORDER # 78 (Order Scheduling Status Conference and Meetings in MDLs on September 13-14, 2016) A status conference will be held on Wednesday, 9/14/2016, at 10:00 a.m.; directing defendant client representative(s) with full authority to make all decisions related to MDL 2440; in house counsel for defendant(s) with full authority to make all decisions related to MDL 2440; settlement counsel (if any) for defendant(s); and lead counsel for plaintiffs and defendant(s) attend the status conference; the court will meet in chambers with the above individuals on Wednesday 9/14/2016 at 11:00 a.m. Signed by Judge Joseph R. Goodwin on 7/20/2016. (cc: Clerk of the JPMDL; attys) (REF: ALL CASES) (mek)
July 13, 2016 Opinion or Order Filing 444 ORDER (Dismissing Defendant American Medical Systems, Inc. with Prejudice and Transferring Case to MDL 2440) granting the Joint Motion by American Medical Systems, Inc., Wanda Raines to Dismiss Defendant American Medical Systems, Inc. With Prejudice and Motion by Wanda Raines to Transfer MDLs in WVSD CA 2:12-cv-04178; Plaintiff's counsel states in the Motion to Transfer that an Amended Short Form Complaint will be filed within 14 days of the filing of the Joint Motion; to date an Amended Short Form Complaint has not been filed; Plaintiff's counsel is DIRECTED to file the appropriate Amended Short Form Complaint within the time frame stated in the motion; Defendant AMS is DISMISSED WITH PREJUDICE as a defendant in this action and this action is TRANSFERRED to MDL 2440; the Clerk is directed to disassociate the civil action as member case in MDL 2325 and re-associate it with MDL 2440. Signed by Judge Joseph R. Goodwin on 7/13/2016. (cc: Clerk of JPMDL; counsel of record; any unrepresented party)(kll)
July 13, 2016 MEMBER CASE TRANSFERRED FROM MDL 2325 TO MDL 2440 pursuant to the Order entered on 7/13/2016: SDWV CA 2:12-cv-04178 Raines v. Cook Biotech, Inc. et al. (ts)
July 8, 2016 Filing 443 MOTION by J. Gerard Stranch IV, Benjamin A. Gastel and Branstetter, Stranch & Jennings, PLLC For Change of Address in this MDL and in each individual member case in which they are associated (Stranch, J.)
July 7, 2016 MEMBER CASE TRANSFERRED FROM MDL 2326 TO MDL 2440 pursuant to the Order entered on 7/7/2016: SDWV CA 2:13-cv-32111 Krause et al v. Cook Incorporated et al. (mek)
July 5, 2016 Opinion or Order Filing 442 ORDER granting the Motion by Carol Ann Nyland, Mark Nyland TO TRANSFER member case 2:14-cv-30153 from MDL 2440 Cook to MDL 2327 Ethicon; directing the Clerk to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 7/5/2016. (cc: Clerk of the JPMDL; attys) (kp)
July 1, 2016 Opinion or Order Filing 441 ORDER granting #431 MOTION FOR CHANGE OF ADDRESS by Benjamin H. Anderson in this MDL and in each individual member case in which he is 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 2440 with which Benjamin H. Anderson is associated. Signed by Judge Joseph R. Goodwin on 7/1/2016. (cc: attys; any unrepresented party) (klc)
July 1, 2016 Opinion or Order Filing 440 ORDER denying, as moot, #415 MOTION by Jacob W. Plattenberger for Change of TorHoerman Law LLC Firm Address in MDL 2440 and each individual member case in which it is associated; granting #434 AMENDED MOTION by Jacob W. Plattenberger, Tor A. Hoerman, Eric Terry for Change of TorHoerman Law LLC Firm Address in MDL 2440 and each individual member case in which it is 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 2440 with which Jacob W. Plattenberger, Tor A. Hoerman, and Eric Terry are associated. Signed by Judge Joseph R. Goodwin on 7/1/2016. (cc: attys; any unrepresented party) (klc)
June 23, 2016 MEMBER CASE TRANSFERRED FROM MDL 2187 TO MDL 2440 pursuant to the Order entered on 6/23/2016: SDWV CA 2:14-cv-07817 McCroskey v. Cook Incorporated et al. (ts)
June 23, 2016 Opinion or Order Filing 439 ORDER (Dismissing Defendant C. R. Bard, Inc. with Prejudice and Transferring Case to MDL 2440) granting Joint Motion by C. R. Bard, Inc., Marsha L. McCroskey to Dismiss Defendant C. R. Bard, Inc. With Prejudice and Motion by Marsha L. McCroskey to Transfer MDLs in WVSD CA 2:14-cv-07817; Plaintiff's counsel is directed to file the appropriate Amended Short Form Complaint within the time frame outlined in the Motion; Defendant Bard is DISMISSED WITH PREJUDICE as a defendant in this action and this action is TRANSFERRED to MDL 2440; the Clerk is directed to disassociate the civil action as member case in MDL 2187 and re-associate it with MDL 2440. Signed by Judge Joseph R. Goodwin on 6/23/2016. (cc: counsel of record; any unrepresented party) (kll)
June 23, 2016 Filing 438 MOTION by Douglas B. King for Jennifer Lynn Schuster to Withdraw as Counsel in this MDL and every member case associated with this MDL for Defendants Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc. (Schuster, Jennifer)
June 22, 2016 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Prince et al v. Cook Incorporated et al, SDWV CA 2:16-cv-05616. (lca)
June 22, 2016 MEMBER CASES TRANSFERRED FROM MDL 2325 TO MDL 2440 pursuant to the Order entered on 6/22/2016: SDWV CA 2:13-cv-04306 Hutchens v. Cook Incorporated et al and SDWV CA 2:13-cv-07607 Hicks et al v. Cook Incorporated et al. (mek)
June 22, 2016 Filing 437 MOTION by Joseph J. Zonies and Gregory D. Bentley for Change of Attorney Information in this MDL and in all cases in which they are associated. (Zonies, Joseph)
June 20, 2016 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Uhl v. Cook Incorporated et al, SDWV CA 2:16-cv-05557. (lca)
June 20, 2016 MEMBER CASE TRANSFERRED FROM MDL 2325 TO MDL 2440 pursuant to the Order entered on 6/20/2016: SDWV CA 2:14-cv-11214 Nicholson et al v. Cook Incorporated et al. (mek)
June 20, 2016 Opinion or Order Filing 436 ORDER (Dismissing Defendant American Medical Systems, Inc. with Prejudice and Transferring Case to MDL 2440) granting the JOINT MOTION by American Medical Systems, Inc., Dawn Nicholson, Steve Nicholson (WVSD CA 2:14-cv-11214) to Dismiss Defendant American Medical Systems, Inc. With Prejudice and MOTION by Dawn Nicholson, Steve Nicholson to Transfer MDLs; Defendant AMS is DISMISSED WITH PREJUDICE as a defendant in this action and this action is TRANSFERRED to MDL 2440; the Clerk is directed to disassociate the civil action as member case in MDL 2325 and re-associate it with MDL 2440. Signed by Judge Joseph R. Goodwin on 6/20/2016. (cc: Clerk of the JPDML; counsel of record) (mek)
June 13, 2016 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Owens v. Cook Incorporated et al, SDWV CA 2:16-cv-05332. (lca)
June 9, 2016 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Hoskins v. Cook Incorporated et al, SDWV CA 2:16-cv-05233. (lca)
June 8, 2016 Opinion or Order Filing 435 ORDER granting #432 MOTION by Catherine H. Ahlin-Halverson to Withdraw as Counsel for American Medical Systems, Inc. in all cases contained in MDL No. 2440. The Clerk is DIRECTED to terminate Catherine H. Ahlin-Halverson as counsel of record, both on the main master docket and each individual member case in MDL 2440 in which she appears. Signed by Judge Joseph R. Goodwin on 6/8/2016. (cc: attys; any unrepresented party) (klc)
June 7, 2016 Filing 434 AMENDED MOTION by Jacob W. Plattenberger, Tor A. Hoerman, Eric Terry for Change of TorHoerman Law LLC Firm Address in MDL 2440 and each individual member case in which it is associated (Plattenberger, Jacob)
June 6, 2016 MEMBER CASE TERMINATED: WVSD CA 2:14-cv-29644 McBride v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 6/6/2016. Plaintiff Dolores A. McBride (WVSD CA 2:14-29644) terminated herein. (mek) (mek)
June 3, 2016 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Jackson v. Cook Incorporated et al, SDWV CA 2:16-cv-05081. (lca)
June 3, 2016 Filing 433 AMENDED NOTICE OF FIRM NAME CHANGE by Anne M. Tarvin, James R. Bartimus for the law firm of Bartimus, Frickleton, Robertson & Goza, P.C. to Bartimus, Frickleton and Robertson, P.C. (Tarvin, Anne)
June 2, 2016 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Sellers et al v. Cook Incorporated et al, SDWV CA 2:16-cv-05040. (lca)
May 31, 2016 Filing 432 MOTION by Catherine H. Ahlin-Halverson to Withdraw as Counsel for American Medical Systems, Inc. in all cases contained in MDL No. 2440 (Ahlin-Halverson, Catherine)
May 26, 2016 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Gutierrez et al v. Cook Incorporated et al, SDWV CA 2:16-cv-04795. (lca)
May 23, 2016 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Campbell v. Cook Incorporated et al, SDWV CA 2:16-cv-04642. (lca)
May 20, 2016 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Rodman v. Cook Incorporated et al, SDWV CA 2:16-cv-04562. (lca)
May 17, 2016 Filing 431 MOTION FOR CHANGE OF ADDRESS by Benjamin H. Anderson in this MDL and in each individual member case in which he is associated (Anderson, Benjamin)
May 16, 2016 Opinion or Order Filing 430 ORDER granting #426 MOTION by Tim K. Goss, Tamara L. Banno, John Harloe, Yvette Diaz and Freese & Goss, PLLC for Change of Address in this MDL and each individual member case 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 2440 with which Tim K. Goss, Tamara L. Banno, John Harloe, and Yvette Diaz are associated. Signed by Judge Joseph R. Goodwin on 5/16/2016. (cc: attys; any unrepresented party) (klc)
May 12, 2016 MEMBER CASES TRANSFERRED FROM MDL 2325 to MDL 2440 pursuant to the Order entered on 5/12/2016: SDWV CA 2:13-cv-13977 Bowman v. Cook Incorporated et al, SDWV CA 2:13-cv-21567 Walker v. American Medical Systems, Inc. et al, and SDWV CA 2:14-cv-30066 Rigsby v. Cook Incorporated et al. (ts)
May 9, 2016 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Gardemann et al v. Cook Incorporated et al, SDWV CA 2:16-cv-04280. (lca)
May 5, 2016 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Pringle v. Cook Incorporated et al, SDWV CA 2:16-cv-04205. (lca)
May 5, 2016 Filing 429 NOTICE OF FIRM NAME CHANGE from Bartimus, Frickleton, Robertson & Goza, P.C. to Bartimus, Frickleton and Robertson, P.C. (Tarvin, Anne)
May 5, 2016 Opinion or Order Filing 428 PRETRIAL ORDER # 77 (Order Granting Motion re: Interim Reimbursement of Costs) granting #427 MOTION by All Plaintiffs Regarding Interim Reimbursement of Costs. Signed by Judge Joseph R. Goodwin on 5/5/2016. (cc: Clerk of the JPMDL; attys) (REF: ALL CASES) (ts)
May 4, 2016 MEMBER CASES OPENED: Direct Filings in the Southern District of West Virginia: Grant et al v. Cook Incorporated et al, SDWV CA 2:16-cv-04169; Gardner v. Cook Incorporated et al, SDWV CA 2:16-cv-04171. (lca)
May 3, 2016 MEMBER CASE TRANSFERRED FROM MDL 2187 TO MDL 2440 pursuant to the Order entered on 5/03/2016: SDWV CA 2:14-cv-31011 Merrill et al v. C. R. Bard, Inc. et al. (ts)
May 3, 2016 Filing 427 MOTION by All Plaintiffs Regarding Interim Reimbursement of Costs re: #422 Pretrial Order #74 (Attachment: #1 Exhibit A)(Garrard, Henry)
April 28, 2016 Filing 426 MOTION by Tim K. Goss, Tamara L. Banno, John Harloe, Yvette Diaz and Freese & Goss, PLLC for Change of Address in this MDL and each individual member case in which they are associated (Goss, Tim)
April 14, 2016 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Christian et al v. Cook Incorporated et al, SDWV CA 2:16-cv-03653. (lca)
April 11, 2016 Opinion or Order Filing 425 PRETRIAL ORDER # 76 (Eighth Amended Docket Control Order for Remaining Cook MDL Cases (Cook Wave 1)) The deadlines contained in #418 PTO # 72 are continued. Signed by Judge Joseph R. Goodwin on 4/11/2016. (cc: Clerk of the JPMDL; attys) (REF: ALL CASES) (kp)
April 8, 2016 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Kriedeman et al v. Cook Incorporated et al, SDWV CA 2:16-cv-03502. (lca)
April 7, 2016 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-31744 Tidwell v. Cook Incorporated et al and WVSD CA 2:14-cv-18428 Blankenship v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 4/7/2016. Plaintiffs Cheryl Tidwell (WVSD CA 2:13-31744) and Linda Blankenship (WVSD CA 2:14-18428) terminated herein. (ts)
April 7, 2016 Opinion or Order Filing 424 PRETRIAL ORDER # 75 (Order CANCELLING Status Conference on April 7, 2016) The status conference in all MDLs scheduled for Thursday, 4/07/2016, at 10:00 a.m. is CANCELLED. Signed by Judge Joseph R. Goodwin on 4/7/2016. (cc: Clerk of the JPMDL; attys) (REF: ALL CASES) (ts)
April 6, 2016 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Feliciano v. Cook Medical, Inc., SDWV CA 2:16-cv-03267. (lca)
April 4, 2016 Filing 423 NOTICE OF FIRM NAME CHANGE from Bartimus, Frickleton, Robertson & Goza, P.C. to Bartimus, Frickleton and Robertson, P.C. (Tarvin, Anne)
April 4, 2016 Opinion or Order Filing 422 PRETRIAL ORDER # 74 (ORDER REGARDING INTERIM REIMBURSEMENT OF COSTS) Pursuant to Section C of #414 Pretrial Order No. 71 the court ORDERS that the Common Benefit Fee and Cost Committee is authorized to make recommendations, subject to the court's approval, of disbursement of common benefit funds to reimburse certain common benefit costs prospectively, specifically as outlined and set forth herein. Signed by Judge Joseph R. Goodwin on 4/4/2016. (cc: Clerk of the JPMDL; attys) (REF: ALL CASES) (ts)
March 30, 2016 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Huntley v. Cook Incorporated et al, 2:16-cv-03043. (lca)
March 29, 2016 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia, Greenall et al v. Cook Incorporated et al, SDWV CA 2:16-cv-02973; Powell v. Cook Incorporated et al, SDWV CA 2:16-cv-02976. (lca)
March 29, 2016 MEMBER CASES TRANSFERRED FROM MDL 2325 to MDL 2440 pursuant to the Order entered on 3/29/2016: SDWV CA 2:13-cv-19535 Corbitt v. Cook Incorporated et al, SDWV CA 2:13-cv-20449 Scott v. Cook Incorporated et al. (kp)
March 28, 2016 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Risman et al v. Cook Incorporated et al, SDWV CA 2:16-cv-02950. (lca)
March 24, 2016 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Barfield et al v. Cook Incorporated et al, SDWV CA 2:16-cv-02860. (lca)
March 15, 2016 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Nelson v. Cook Incorporated et al, SDWV CA 2:16-cv-02452. (lca)
March 14, 2016 MEMBER CASES OPENED: Direct Filings in the Southern District of West Virginia: Mooneyhan v. Cook Incorporated et al, SDWV CA 2:16-cv-02408; McArthur v. Cook Incorporated et al, SDWV CA 2:16-cv-02409. (lca)
March 9, 2016 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Zumwalt v. Cook Incorporated et al, SDWV CA 2:16-cv-02231. (lca)
March 4, 2016 Opinion or Order Filing 421 ORDER granting #420 MOTION by Karen H. Beyea-Schroeder for Substitution of Rand P. Nolen and G. Sean Jez as Counsel in MDL 2440 and for every member case associated with this MDL and for Withdrawal of Karen Beyea-Schroeder as Counsel. The Clerk is DIRECTED to terminate Karen Beyea-Schroeder as counsel for plaintiffs and to substitute Rand P. Nolen and G. Sean Jez as counsel of record, both on the main master docket and for each individual member case in MDL 2440 with which Karen Beyea-Schroeder is associated. Signed by Judge Joseph R. Goodwin on 3/4/2016. (cc: attys; any unrepresented party) (klc)
February 26, 2016 MEMBER CASE REOPENED AND TRANSFERRED FROM MDL 2325 TO MDL 2440 pursuant to the Order entered on 2/26/2016: SDWV CA 2:13-cv-18468 Gaevert v. Cook Incorporated et al. (ts)
February 23, 2016 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Turner et al v. Cook Incorporated et al, SDWV CA 2:16-cv-01763. (lca)
February 19, 2016 Filing 420 MOTION by Karen H. Beyea-Schroeder for Substitution of Rand P. Nolen and G. Sean Jez as Counsel in MDL 2440 and for every member case associated with this MDL and for Withdrawal of Karen Beyea-Schroeder as Counsel (Beyea-Schroeder, Karen)
February 17, 2016 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Corkin et al v. Cook Incorporated et al, SDWV CA 2:16-cv-01643. (lca)
February 16, 2016 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Madsen v. Cook Incorporated et al, SDWV CA 2:16-cv-01600. (lca)
February 16, 2016 MEMBER CASES TERMINATED: WVSD CA 2:14-cv-24709 Philp v. Cook Incorporated et al and WVSD CA 2:14-cv-30604 Odegard v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 2/16/2016. Plaintiffs Rosalind Philp (WVSD CA 2:14-24709) and Elaine Odegard (WVSD CA 2:14-30604) terminated herein. (ts)
February 15, 2016 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Ramsey et al v. Cook Incorporated et al, SDWV CA 2:16-cv-01552. (lca)
February 12, 2016 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Williams v. Cook Incorporated et al, SDWV CA 2:16-cv-01523. (lca)
February 9, 2016 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Thompson v. Cook Incorporated et al, SDWV CA 2:16-cv-01406. (lca)
February 4, 2016 Opinion or Order Filing 419 PRETRIAL ORDER # 73 (Order Scheduling Status Conference and Meetings in MDLs on April 6-7, 2016) A status conference will be conducted in all MDLs in Room 7800 of the Robert C. Byrd United States Courthouse on 4/7/2016 at 10:00 a.m.; directing that (1) defendant client representative(s) with full authority to make all decisions related to MDL 2511; (2) in house counsel for defendant(s) with full authority to make all decisions related to MDL 2511; (3) settlement counsel (if any) for defendant(s); and (4) lead counsel for plaintiffs and defendant(s) attend the status conference; it is further directed that for each MDL identified herein, the court will meet in chambers with the above individuals as follows: (1) TSL & Sofradim MDL 2187 on Wednesday, 4/6/2016 at 1:30 p.m.; (2) Bard MDL 2187 on Wednesday, 4/6/2016 at 2:00 p.m.; (3) Boston Scientific MDL 2326 on Wednesday, 4/6/2016 at 3:00 p.m.; (4) Ethicon MDL 2327 on Wednesday, 4/6/2016 at 4:00 p.m.; (5) AMS MDL 2325 on Thursday, 4/7/2016 at 8:30 a.m.; (6) Coloplast MDL 2387 on Thursday, 4/7/2016 at 10:30 a.m.; and (7) Cook MDL 2440 on Thursday, 4/7/2016 at 11:00 a.m. Signed by Judge Joseph R. Goodwin on 2/4/2016. (cc: Clerk of JPMDL; attys) (REF: ALL CASES) (ts)
February 2, 2016 Opinion or Order Filing 418 PRETRIAL ORDE #72 (Seventh Amended Docket Control Order for Remaining Cook MDL Cases (Cook Wave 1)) The deadlines contained in #410 PTO # 69 are extended by 60 days, as set forth herein; A. SCHEDULING DEADLINES. The following deadlines apply in the Cook Wave 1 cases: Deadline for written discovery requests due by 6/03/2016, Expert disclosure by party with burden of proof due by 5/20/2016, Expert disclosure by opposing party due by 6/17/2016, Expert disclosure for rebuttal purposes due by 7/01/2016, Deposition deadline and close of discovery due by 7/15/2016, Filing of dispositive and Daubert motions due by 8/05/2016, Responses to dispositive and Daubert motions due by 8/19/2016, Reply to response to dispositive and Daubert motions due by 8/26/2016; B. MOTION PRACTICE. 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 motion on or before 6/26/2016, any response is due by 7/03/2016, and any reply is due by 7/10/2016; C. CASES READY FOR TRANSFER, REMAND OR TRIAL. By no later than 7/01/2016, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall submit venue recommendations to the court, either jointly or separately, by 7/15/2016. Signed by Judge Joseph R. Goodwin on 2/2/2016. (cc: JPMDL; attys) (REF: MDL 2440; Wave 1 Cases) (ts)
February 1, 2016 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Hughes v. Cook Incorporated et al, SDWV CA 2:16-cv-01186. (lca)
January 29, 2016 Opinion or Order Filing 417 ORDER denying, as moot, #407 MOTION by Doyle Lowther LLP for Change of Address in MDL No. 2440 and each individual member case in which Doyle Lowther LLP is associated; granting #411 AMENDED MOTION by William J. Doyle II, John Lowther, Christopher W. Cantrell of Doyle Lowther LLP for Change of Address. The Clerk is DIRECTED to update William J. Doyle II, John Lowther, and Chris Cantrell's information, as set forth in the Motion, both on the main master docket and for each individual member case in MDL 2440 with which said attorneys are associated. Signed by Judge Joseph R. Goodwin on 1/29/2016. (cc: attys; any unrepresented party) (klc)
January 22, 2016 Opinion or Order Filing 416 ORDER granting #413 MOTION by Waters & Kraus, LLP for Substitution of Leslie C. MacLean and Withdrawal of Kyla G. Cole as Counsel in MDL No. 2440. 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 2440 with which Kyla G. Cole is associated. Signed by Judge Joseph R. Goodwin on 1/22/2016. (cc: attys; any unrepresented party) (klc)
January 15, 2016 Filing 415 MOTION by Jacob W. Plattenberger for Change of TorHoerman Law LLC Firm Address in MDL 2440 and each individual member case in which it is associated (Plattenberger, Jacob)
January 15, 2016 Opinion or Order Filing 414 PRETRIAL ORDER # 71 (ORDER ESTABLISHING CRITERIA FOR APPLICATIONS TO MDL 2440 FUND TO COMPENSATE AND REIMBURSE ATTORNEYS FOR SERVICES PERFORMED AND EXPENSES INCURRED FOR MDL ADMINISTRATION AND COMMON BENEFIT AND APPOINTMENT OF COMMON BENEFIT FEE AND COST COMMITTEE) This Order is entered to set forth the process for the fair and equitable sharing among plaintiffs' counsel of the Common Benefit Fund established by #43 Pretrial Order # 11; directing that for time and expenses that have not been submitted to date, counsel are granted 60 days from the date of this Order (1) to submit time and expenses that have not been submitted but are legitimate time or expenses; and (2) to modify already submitted time and expenses to amend or correct any prior submission which is deemed currently inappropriate for consideration for reimbursement; appointing Henry G. Garrard, III of Blasingame, Burch, Garrard & Ashley, PC, Joseph F. Rice of Motley Rice, LLC, Clayton A. Clark of Clark, Love & Hutson, GP, Carl N. Frankovitch of Frankovitch, Anetakis, Colantonio & Simon, Yvonne Flaherty of Lockridge Grindal Nauen, Thomas P. Cartmell of Wagstaff & Cartmell, LLP, Renee Baggett of Aylstock Witkin Kreis & Overholtz, Riley L. Burnett, Jr. of Burnett Law Firm, and William H. McKee, Jr. to serve on the Common Benefit Fee and Cost Committee, as more fully set forth herein; setting forth the criteria for Common Benefit applications and the Common Benefit application process. Signed by Judge Joseph R. Goodwin on 1/15/2016. (cc: Clerk of the JPMDL; attys) (REF: ALL CASES) (ts)
January 13, 2016 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Skach et al v. Cook Incorporated et al, SDWV CA 2:16-00301. (lca)
January 6, 2016 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Hutson v. Cook Incorporated et al, SDWV CA 2:16-cv-00108. (lca)
January 5, 2016 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Watt v. Cook Incorporated et al, SDWV CA 2:16-cv-00082. (lca)
December 22, 2015 Filing 413 MOTION by Waters & Kraus, LLP for Substitution of Leslie C. MacLean and Withdrawal of Kyla G. Cole as Counsel in MDL No. 2440 and each member civil action in which they are associated (Attachment: #1 Proposed Order)(MacLean, Leslie)
December 17, 2015 Opinion or Order Filing 412 PRETRIAL ORDER # 70 (Revised Authorizations attached to Plaintiff Profile Form and Plaintiff Fact Sheet) Having been advised that the Medicare Authorizations attached to PTO # 8 (Plaintiff Profile Forms, Plaintiff Fact Sheet, and Defendant Fact Sheet) have been updated, the revised Medicare authorization forms (which are MDL specific) are attached hereto; the court DIRECTS the Clerk to replace the Medicare authorizations on the court's website with the current versions attached hereto; plaintiffs are directed to use the updated forms found on the website when completing a Plaintiff Profile Form or a Plaintiff Fact Sheet. Signed by Judge Joseph R. Goodwin on 12/17/2015. (Attachments: #1 Attachment 1, #2 Attachment 2) (cc: Clerk of the JPMDL; attys) (ts)
December 15, 2015 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Fisher v. Cook Incorporated et al, SDWV CA 2:15-cv-16173. (lca)
December 15, 2015 Filing 411 AMENDED MOTION by William J. Doyle II, John Lowther, Christopher W. Cantrell of Doyle Lowther LLP for Change of Address (Cantrell, Christopher)
December 8, 2015 MEMBER CASE TERMINATED: WVSD CA 2:14-cv-22644 Schneider v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 12/8/2015. Plaintiff Debra Schneider (WVSD CA 2:14-22644) terminated herein. (ts)
December 1, 2015 Opinion or Order Filing 410 PRETRIAL ORDER # 69 (Sixth Amended Docket Control Order for Remaining Cook MDL Cases (Cook Wave 1)) Pursuant to a meeting held on 11/19/2015, the deadlines contained in #392 PTO #65 are extended by 60 days, as more fully set forth herein. The following deadlines apply in the Cook Wave 1 cases: Written discovery requests due by 4/04/2016, Expert disclosure by party with burden of proof due by 3/21/2016, Expert disclosure by opposing party due by 4/18/2016, Expert disclosure for rebuttal purposes due by 5/02/2016, Deposition deadline and close of discovery deadline is 5/16/2016, Filing of dispositive and Daubert motions due by 6/06/2016, Responses to dispositive and Daubert motions due by 6/20/2016, and Reply to response to dispositive and Daubert motions due by 6/27/2016; in the event there are issues related to sealing of confidential documents that the parties are unable to resolve, a consolidated motion to seal is due on or before 4/27/2016, any response is due by 5/04/2016, and any reply is due by 5/11/2016; the parties shall meet and confer concerning the appropriate venue for each of the cases no later than 5/02/2016, and the parties shall submit venue recommendations to the court, either jointly or separately, by 5/16/2016. Signed by Judge Joseph R. Goodwin on 12/1/2015. (cc: Clerk of the JPMDL; attys) (REF: MDL 2440; Wave 1 Cases) (ts)
November 19, 2015 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Sheppard v. Cook Incorporated et al, SDWV CA 2:15-cv-15381. (ts)
November 19, 2015 Filing 409 STATUS CONFERENCE held by Judge Joseph R. Goodwin and Magistrate Judge Cheryl A. Eifert on 11/19/2015; Court Reporter: Mary Schweinhagen. (rac)
November 19, 2015 Filing 408 STATUS CONFERENCE held by Judge Joseph R. Goodwin on 11/19/2015. (rac)
November 18, 2015 MEMBER CASES TERMINATED: WVSD CA 2:12-cv-07016 Morgan v. Cook Incorporated et al, WVSD CA 2:13-cv-19263 Fox v. Cook Incorporated et al, WVSD CA 2:13-cv-19601 Kimbrell et al v. Cook Incorporated et al, WVSD CA 2:13-cv-20360 Martin v. Cook Incorporated et al, WVSD CA 2:13-cv-20363 Rhodes v. Cook Incorporated et al and WVSD CA 2:14-cv-24063 Ward v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 11/18/2015. Plaintiffs Patricia A. Morgan (WVSD CA 2:12-7016), Earnestine Fox (WVSD CA 2:13-19263), Zena A. Kimbrell (WVSD CA 2:13-19601), Bruce A. Kimbrell (WVSD CA 2:13-19601), Kimberly C. Martin (WVSD CA 2:13-20360), Wanda Jean Rhodes (WVSD CA 2:13-20363) and Cassandra Ward (WVSD CA 2:14-24063) terminated herein. (ts)
November 12, 2015 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Settle v. Cook Incorporated et al, SDWV CA 2:15-cv-15000. (ts)
November 11, 2015 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Kroger et al v. Cook Incorporated et al, SDWV CA 2:15-cv-14943. (ts)
November 10, 2015 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Humphries v. Cook Incorporated et al, SDWV CA 2:15-cv-14915. (ts)
November 10, 2015 Filing 407 MOTION by Doyle Lowther LLP for Change of Address in MDL No. 2440 and each individual member case in which Doyle Lowther LLP is associated (Doyle, William)
November 5, 2015 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Emineth v. Cook Incorporated et al, SDWV CA 2:15-cv-14792. (ts)
October 30, 2015 MEMBER CASE TERMINATED: WVSD CA 2:13-cv-19003 Rose et al v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 10/30/2015. Plaintiff Karen Rose (WVSD CA 2:13-19003) terminated herein. (ts)
October 29, 2015 Opinion or Order Filing 406 PRETRIAL ORDER # 68 (ORDER ESTABLISHING REPORTING ON PAYMENT TO THE MDL 2440 FUND) Pursuant to #44 Pretrial Order # 12, as amended by #197 Pretrial Order # 45, Cook Incorporated, Cook Biotech, Inc. and Cook Medical, Inc. (Cook) are required to pay into the MDL 2440 Fund, five percent (5%) of any sum to be paid in settlement of a claim; and it is directed that Cook follow the mechanism set forth herein for reporting all payments made into the MDL 2440 Fund to the Court. Signed by Judge Joseph R. Goodwin on 10/29/2015. (Attachments: #1 Exhibit A, #2 Exhibit B) (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ts)
October 28, 2015 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Condon v. Cook Incorporated et al, SDWV CA 2:15-cv-14428. (ts)
October 27, 2015 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-20106 Palumbo et al v. Cook Group, Inc. et al and WVSD CA 2:14-cv-16510 Kirby v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 10/27/2015. Plaintiffs Diane Palumbo (WVSD CA 2:13-20106), Dominic Palumbo (WVSD CA 2:13-20106), and Mary Jane Kirby (WVSD CA 2:14-16510) terminated herein. (ts)
October 26, 2015 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-20358 Lassiter et al v. Cook Incorporated et al, WVSD CA 2:13-cv-33179 Cox v. Cook Incorporated et al, WVSD CA 2:14-cv-19565 Daley v. Cook Incorporated et al, WVSD CA 2:14-cv-19805 McCracken v. Cook Incorporated et al, and WVSD CA 2:14-cv-29356 Spruill v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 10/26/2015. Plaintiffs Inez Laister (WVSD CA 2:13-20358), Beatriz Cox (WVSD CA 2:13-33179), Judith E. Daley (WVSD CA 2:14-19565), Patricia K. McCracken (WVSD CA 2:14-19805), and Cecilia J. Spruill (WVSD CA 2:14-29356) terminated herein. (ts)
October 23, 2015 Opinion or Order Filing 405 PRETRIAL ORDER # 67 (Fifth Amended Docket Control Order for Remaining Cook MDL Cases (Cook Wave 1)) The #404 Joint Motion for Temporary Stay of Discovery is GRANTED in part and DENIED in part; the deadlines contained in #392 PTO # 65 are extended for 30 days as more fully set forth herein: the following deadlines apply in the Cook Wave 1 cases: deadline for written discovery requests is due by 2/03/2016, expert disclosure by party with burden of proof due by 1/20/2016, expert disclosure by opposing party due by 2/17/2016, expert disclosure for rebuttal purposes due by 3/03/2016, deposition deadline and close of discovery due by 3/17/2016, filing of dispositive and Daubert motions due by 4/06/2016, responses to dispositive and Daubert motions due by 4/21/2016, reply to response to dispositive and Daubert motions due by 4/27/2016; 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: consolidated motion to seal due by 2/27/2016, responses due by 3/04/2016, and replies due by 3/11/2016; the parties shall meet and confer concerning the appropriate venue for each of the cases by 3/02/2016, and shall submit venue recommendations to the court, either jointly or separately, by 3/16/2016; at the conclusion of pre-trial proceedings, the court, pursuant to PTO # 13 and 28 U.S.C. 1404(a), will transfer each directly-filed case to a federal district court of proper venue as defined in 28 U.S.C. 1391; if a case is to be tried in the WVSD the case shall be deemed trial-ready when discovery is completed and the court rules on the parties' pretrial motions. Signed by Judge Joseph R. Goodwin on 10/23/2015. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: MDL 2440; Wave 1 Cases) (ts)
October 21, 2015 Filing 404 JOINT MOTION by All Plaintiffs, Cook Incorporated, Cook Biotech Incorporated, Cook Medical Incorporated for Temporary Stay of Discovery (Attachment: #1 Proposed Order)(Anderson, Benjamin) (Modified on 10/21/2015 to add party filers) (skh).
October 19, 2015 Opinion or Order Filing 403 ORDER denying #398 JOINT MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated, Plaintiffs to Exclude Martha Obregon Case from Cook Wave 1. Signed by Judge Joseph R. Goodwin on 10/19/2015. (cc: counsel of record; any unrepresented party) (REF: MDL 2440; 2:15-cv-1055, Obregon) (ts)
October 16, 2015 Opinion or Order Filing 402 PRETRIAL ORDER # 66 (Order Scheduling Status Conference and Meetings in MDLs on November 18-19, 2015) A status conference will be conducted in all MDLs except In re Neomedic, 2:14-md-2511, in Room 7800 of the Robert C. Byrd United States Courthouse on 11/19/2015 at 10:00 a.m.; It is ORDERED that (1) defendant client representative(s) with full authority to make all decisions related to MDL 2440; (2) in house counsel for defendant(s) with full authority to make all decisions related to MDL 2440; (3) settlement counsel (if any) for defendant(s); and (4) lead counsel for plaintiffs and defendant(s) attend the status conference; It is further ORDERED that for each MDL, the court will meet in chambers as follows: (1) TSL & Sofradim MDL 2187 on 11/18/2015 at 1:30 p.m., (2) Bard MDL 2187 on 11/18/2015 at 2:00 p.m., (3) AMS on 11/18/2015 at 3:00 p.m., (4) Boston Scientific MDL 2326 on 11/18/2015 at 4:00 p.m., (5) Cook MDL 2440 on 11/19/2015 at 8:30 a.m., (6) Coloplast MDL 2387 on 11/19/2015 at 1:00 p.m., and (7) Ethicon MDL 2327 on 11/19/2015 at 2:00 p.m. Signed by Judge Joseph R. Goodwin on 10/16/2015. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ts)
October 16, 2015 Filing 401 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Andrea Roberts Pierson on behalf of Cook Biotech, Incorporated, Cook Incorporated, Cook Medical Incorporated. (Pierson, Andrea)
October 16, 2015 Filing 400 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by James Stephen Bennett on behalf of Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated. (Bennett, James)
October 16, 2015 Filing 399 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by John T. Schlafer on behalf of Cook Biotech, Incorporated, Cook Incorporated, Cook Medical Incorporated. (Schlafer, John)
October 15, 2015 Filing 398 JOINT MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated, Plaintiffs to Exclude Martha Obregon Case from Cook Wave 1. (King, Douglas)
October 15, 2015 Opinion or Order Filing 397 ORDER Defendants #396 MOTION to Exclude Three Cases from Cook Wave I is GRANTED, and Pretrial Orders # 59, 62, 63, 64, and 65 are VACATED in Kathleen Madhoun v. Cook, Civil Action No. 2:15-cv-00484; Carol Wilbur, et al. v. Cook, Civil Action No. 2:14-cv-18823; and, Judy Odom v. Cook, Civil Action No. 2:13-cv-30345; the Clerk is DIRECTED to remove the Wave 1 flag on the docket sheets of the related cases. Signed by Judge Joseph R. Goodwin on 10/15/2015. (cc: counsel of record; any unrepresented party) (REF: MDL 2440; 2:15-cv-00484, Madhoun; 2:14-cv-18823, Wilbur; 2:13-cv-30345, Cook) (ts)
October 14, 2015 Filing 396 MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated to Exclude Three Cases from Cook Wave I (Madhoun, Wilbur, and Odom). (King, Douglas)
October 13, 2015 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-20353 Gower v. Cook Incorporated et al, WVSD CA 2:13-cv-20354 Hampton v. Cook Group, Inc. et al, WVSD CA 2:13-cv-20366 Rohrer v. Cook Incorporated et al, WVSD CA 2:13-cv-20369 Vest v. Cook Incorporated et al, WVSD CA 2:14-cv-19564 Cook v. Cook Incorporated et al, WVSD CA 2:14-cv-19566 Smith v. Cook Incorporated et al, WVSD CA 2:14-cv-19567 Moore v. Cook Incorporated et al, WVSD CA 2:14-cv-20056 Phillips v. Cook Incorporated et al, WVSD CA 2:14-cv-26359 Barner v. Cook Incorporated et al, and WVSD CA 2:14-cv-31008 Thomas et al v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 10/13/2015. Plaintiffs Judy Maxine Gower (WVSD CA 2:13-20353), Pamela G. Hampton (WVSD CA 2:13-20354), Deborah A. Rohrer (WVSD CA 2:13-20366), Beatrice Elizabeth Vest (WVSD CA 2:13-20369), Beverly Louise Cook (WVSD CA 2:14-19564), Ellen Louise Smith (WVSD CA 2:14-19566), Annabell L. Moore (WVSD CA 2:14-19567), Valeria Phillips (WVSD CA 2:14-20056), Mary Barner (WVSD CA 2:14-26359), Barbara Thomas (WVSD CA 2:14-31008) and Michael Thomas (WVSD CA 2:14-31008) terminated herein. (ts)
October 7, 2015 Opinion or Order Filing 395 ORDER granting #394 MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated, Frances Gallawa (WVSD CA 2:14-18868), Pamela S. Lopes (WVSD CA 2:14-25729), Elizabeth Baker (WVSD CA 2:14-22561), Victoria Craft (WVSD CA 2:13-19162) to Exclude Four Cases from Cooke Wave 1; and directing that Pretrial Orders # 59, 62, 63, 64, and 65 are VACATED in Frances Gallawa v. Cook, Civil Action No. 2:14-cv-18868; Pamela Lopes v. Cook, Civil Action No. 2:14-cv-25729; Elizabeth Baker v. Cook, Civil Action No. 2:14-cv-22561; and, Victoria Craft v. Cook, Civil Action No. 2:13-cv-19162. The Clerk is DIRECTED to remove the Wave 1 flag on the docket sheets of the related cases. Signed by Judge Joseph R. Goodwin on 10/7/2015. (cc: counsel of record; any unrepresented party) (REF: MDL 2440; 2:14-cv-18868 - Gallawa; 2:14-cv-25729 - Lopes; 2:14-cv-22561 - Cook; 2:13-cv-19162 - Cook) (ts)
October 6, 2015 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Filburn et al v. Cook Incorporated et al, SDWV CA 2:15-cv-13743. (lca)
September 30, 2015 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-16912 Simmons et al v. Cook Incorporated et al, WVSD CA 2:13-cv-17398 Paige v. Cook Incorporated et al, WVSD CA 2:13-cv-17400 Barnett v. Cook Incorporated et al, WVSD CA 2:13-cv-20027 Teachout v. Cook Incorporated et al, WVSD CA 2:14-cv-01729 Rascoe v. Cook Incorporated et al, WVSD CA 2:15-cv-01056 Dias v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 9/30/2015. Plaintiffs Ammie L. Simmons (WVSD CA 2:13-16912), John Simmons (WVSD CA 2:13-16912), Cheareka Paige (WVSD CA 2:13-17398), Peggy Barnett (WVSD CA 2:13-17400), Wanetta Teachout (WVSD CA 2:13-20027), Mary Rascoe (WVSD CA 2:14-1729), and Deborah A. Dias (WVSD CA 2:15-01056) terminated herein. (ts)
September 29, 2015 Filing 394 MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated, Frances Gallawa (WVSD CA 2:14-18868), Pamela S. Lopes (WVSD CA 2:14-25729), Elizabeth Baker (WVSD CA 2:14-22561), Victoria Craft (WVSD CA 2:13-19162) to Exclude Four Cases from Cooke Wave 1 (Gallawa, Lopes, Baker, and Craft). (King, Douglas) (Modified on 9/29/2015 to add party filers) (skh).
September 22, 2015 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia, McBride v. Cook Incorporated et al, SDWV CA 2:15-cv-13384; Downs-Eakin v. Cook Incorporated et al, SDWV CA 2:15-cv-13386; Loehr v. Cook Incorporated et al, SDWV CA 2:15-cv-13387. (lca)
September 22, 2015 Opinion or Order Filing 393 ORDER denying #391 JOINT MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated, Linda Blankenship (WVSD CA 2:14-18428), Cheryl Tidwell (WVSD CA 2:13-31744) to Exclude Cheryl Tidwell and Linda Blankenship Cases from Cook Wave 1. Signed by Judge Joseph R. Goodwin on 9/22/2015. (cc: attys; any unrepresented party) (ts)
September 22, 2015 Opinion or Order Filing 392 PRETRIAL ORDER # 65 (Fourth Amended Docket Control Order for Remaining Cook MDL Cases (Cook Wave 1)) granting #389 JOINT MOTION to Exclude Marian Niccum and Deborah Rohrer Cases from Cook Wave 1. Attached is a revised Exhibit 1 excluding these cases. The Clerk is directed to remove the "Cook Wave 1" designation from the docket of these cases. With the entry of #387 Pretrial Order # 64, discovery has commenced on the cases listed on Exhibit 1. It is ORDERED that the deadlines, previously identified, remain in force and effect, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 9/22/2015. (Attachment: #1 Exhibit 1) (cc: Clerk of JPMDL; attys) (REF: MDL 2440; Cases Listed on Exhibit 1) (ts) Modified docket text on 9/22/2015 to reflect reference to MDL 2440. (ras)
September 22, 2015 NOTICE OF DOCKET CORRECTION re #392 PRETRIAL ORDER # 65 (Fourth Amended Docket Control Order for Remaining Cook MDL Cases (Cook Wave 1)): Modified docket text on 9/22/2015 to reflect reference to MDL 2440. (ras)
September 21, 2015 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Martin et al v. Cook Incorporated et al, SDWV CA 2:15-cv-13327. (lca)
September 18, 2015 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Brown v. Cook Incorporated et al, 2:15-cv-13274. (lca)
September 18, 2015 MEMBER CASE TERMINATED: WVSD CA 2:14-cv-22490 Strickland et al v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 9/18/2015. Plaintiffs Priscilla Dawn Strickland (WVSD CA 2:14-22490) and Mark Parks (WVSD CA 2:14-22490) terminated herein. (ts)
September 18, 2015 Filing 391 JOINT MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated, Linda Blankenship (WVSD CA 2:14-18428), Cheryl Tidwell (WVSD CA 2:13-31744) to Exclude Cheryl Tidwell and Linda Blankenship Cases from Cook Wave 1. (King, Douglas)(Modified on 9/18/2015 to add party filers)(skh)
September 18, 2015 Opinion or Order Filing 390 ORDER denying as moot #377 MOTION by Burke Harvey, LLC for Change of Attorney Information in MDL 2440 and each individual member case in which it is associated. Signed by Judge Joseph R. Goodwin on 9/18/2015. (cc: attys; any unrepresented party) (klc)
September 17, 2015 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Doty et al v. Cook Incorporated et al, SDWV CA 2:15-cv-13260. (lca)
September 11, 2015 Filing 389 JOINT MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated, Marian Niccum (WVSD CA 2:13-32701), Deborah A. Rohrer (WVSD CA 2:13-20366) to Exclude Marian Niccum and Deborah Rohrer Cases from Cook Wave 1. (King, Douglas) (Modified on 9/11/2015 to add party filers) (skh).
September 9, 2015 MEMBER CASE TERMINATED: WVSD CA 2:13-cv-19563 Pinette v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 9/9/2015. Plaintiff Patricia Anne Pinette (WVSD CA 2:13-19563) terminated herein. (ts)
September 8, 2015 Filing 388 NOTICE of Complying with PTO # 63 by James Blithe, Kyle Blithe. (Filed in this MDL pursuant to #387 Pretrial Order # 64.) (ts)
September 8, 2015 Opinion or Order Filing 387 PRETRIAL ORDER # 64 (Third Amended Docket Control Order for Remaining Cook MDL Cases) The parties having identified a number of cases that involve dual products or cases that have or will be dismissed, Guzman (2:14-cv-10568) and Schneider (2:14-cv-22644) are excluded from Cook Wave 1 pursuant to the directive contained in previous PTOs entered and in conferences with the parties; directing that three cases (Jackson, Rogers, and Henson) are included in Cook Wave 1; It is expected that the parties will attempt to resolve the issue of if and when the PFS and any DFS should be produced; The case of Craft, et al. (2:13-cv-19162) will be included in Cook Wave 1; The case of Green, et al. (2:13-cv-2644) will not be included in the Cook Wave 1; The case of Blithe, et al. ( 2:15-cv-12729) will be not be included in the Cook Wave 1; The Clerk is DIRECTED to file the Notice filed in the Blithe case at docket #3 in MDL 2440; The case of Perkins (2:13-cv-19553) will be removed from Cook Wave 1; In addition, two cases, 2:14-cv-11157 and 2:14-cv-22490 (Strickland v. Cook, Inc., et al.), are duplicate cases, plaintiff's counsel is urged to resolve the dual representation issue immediately. With the entry of this order, discovery may commence on the cases identified in Exhibit 1. It is ORDERED that the following deadlines, previously identified, remain in force and effect, as more fully set forth herein. The court DIRECTS the Clerk to file a copy of this order in 2:13-md-2440 and in the cases listed on Exhibit A from PTO # 63 and Exhibit 1 attached hereto. Signed by Judge Joseph R. Goodwin on 9/8/2015. (Attachment: #1 Exhibit 1) (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (ts)
September 4, 2015 Filing 386 REQUEST by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated, Plaintiffs to Exclude Janice Perkins Case from Cook Wave 1 and Notice of Dual Representation in Priscilla Strickland Cases (King, Douglas)
August 31, 2015 MEMBER CASES TERMINATED: WVSD CA 2:14-cv-11123, Colquitt et al v. Cook Incorporated et al and WVSD CA 2:14-cv-20732, Megginson-Vaughn et al v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 8/31/2015. Plaintiffs Viola Colquitt (WVSD CA 2:14-11123), Willie F. Colquitt (WVSD CA 2:14-11123), and Gloria A. Megginson-Vaughn (WVSD CA 2:14-20732) terminated herein. (ts)
August 31, 2015 Filing 385 RESPONSE by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated to #383 Notice of Complying With PTO # 63 (King, Douglas)
August 31, 2015 Filing 384 SUPPLEMENTAL JOINT SUBMISSION OF CASES FOR COOK WAVE 1 PURSUANT TO #376 PRETRIAL ORDER # 63 by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated, Plaintiffs (Attachments: #1 Exhibit B (Amended and Annotated List of PTO 63 cases), #2 Exhibit C (Amended Proposed List of Cook Wave 1 cases))(King, Douglas)
August 31, 2015 Filing 383 NOTICE of Complying with PTO #63 by Carl Craft (WVSD CA 2:13-19162), Victoria Craft (WVSD CA 2:13-19162) (Tracey, Sean)
August 31, 2015 Filing 382 JOINT SUBMISSION OF CASES FOR COOK WAVE 1 PURSUANT TO #376 PRETRIAL ORDER # 63 by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated, Plaintiffs (Attachments: #1 Exhibit A from PTO # 63, #2 Exhibit B: Annotated list of cases from PTO # 63, #3 Exhibit C: Proposed Cases for Cook Wave 1)(King, Douglas)
August 26, 2015 MEMBER CASE TERMINATED: WVSD CA 2:13-cv-19013, Manship et al v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 8/26/2015. Plaintiff Florene Manship (WVSD CA 2:13-19013) terminated herein. (ts)
August 23, 2015 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia, SDWV CA 2:15-cv-12615, Erke et al v. Cook Incorporated et al. (ts) (Modified on 11/9/2015 to correct filed date to 8/23/2015)(skh).
August 19, 2015 Opinion or Order Filing 381 ORDER denying #379 MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated Centralize the Location of Depositions for Plaintiffs in Cook Wave 1. Signed by Judge Joseph R. Goodwin on 8/19/2015. (cc: attys; any unrepresented party) (ts)
August 17, 2015 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia, Stumpff v. Cook Incorporated et al, SDWV CA 2:15-12409; Kleen et al v. Cook Incorporated et al, SDWV CA 2:15-12414. (lca)
August 14, 2015 Filing 380 MEMORANDUM by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated in support of #379 MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated Centralize the Location of Depositions for Plaintiffs in Cook Wave 1 (Attachments: #1 Exhibit(s) A)(King, Douglas)
August 14, 2015 Filing 379 MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated to Centralize the Location of Depositions for Plaintiffs in Cook Wave 1 (Attachments: #1 Exhibit(s) A)(King, Douglas)
August 13, 2015 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia, Cook v. Cook Incorporated et al, SDWV CA 2:15-12367; Lawson v. Cook Incorporated et al, SDWV CA 2:15-12368, Helton et al v. Cook Incorporated et al, SDWV CA 2:15-12369; Jones et al v. Cook Incorporated et al, SDWV CA 2:15-12370; Dibble et al v. Cook Incorporated et al, SDWV CA 2:15-12371; Bean et al v. Cook Incorporated et al, SDWV CA 2:15-12372; Klein v. Ethicon, Inc. et al, SDWV CA 2:15-12373; Desjardins v. Cook Incorporated et al, 2:15-12374; Miller-Schmitz v. Cook Incorporated et al, SDWV CA 2:15-12375; Clark v. Cook Incorporated et al, 2:15-12376. (lca)
August 11, 2015 Opinion or Order Filing 378 ORDER granting #373 MOTION by Jacob A. Flint, Andrew W. Callahan and Flint & Associates LLC for Change of Attorney Information. The Clerk is instructed to update the information, as set forth in the Motion, both on the main master docket and for each individual member case in MDL 2440 with which said attorney is associated. Signed by Judge Joseph R. Goodwin on 8/11/2015. (cc: attys; any unrepresented party) (klc)
August 6, 2015 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Mickey v. Cook Incorporated et al, SDWV CA 2:15-cv-11841. (lca)
August 5, 2015 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia, Smith v. Cook Incorporated et al, SDWV CA 2:15-cv-11788; Barnes v. Cook Incorporated et al, SDWV CA 2:15-cv-11791; Gluckhertz et al v. Cook Incorporated et al, SDWV CA 2:15-cv-11793; Flores et al v. Cook Incorporated et al, SDWV CA 2:15-cv-11796; Harris v. Cook Incorporated et al, SDWV CA 2:15-cv-11798. (lca)
August 4, 2015 MEMBER CASE REOPENED: WVSD CA 2:13-cv-21286, Latavitz v. Cook Group, Inc. et al, reopened pursuant to the Order entered in the member civil action on 8/4/2015. Plaintiff Anne Latavitz (WVSD CA 2:13-21286) reinstated herein. (skh)
August 3, 2015 Filing 377 MOTION by Burke Harvey, LLC for Change of Attorney Information in MDL 2440 and each individual member case in which it is associated (Harvey, W.)
July 30, 2015 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Steinbach v. Cook Incorporated et al, SDWV CA 2:15-cv-11655. (lca)
July 29, 2015 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia, Libel v. Cook Incorporated et al, SDWV CA 2:15-cv-11588; Davila v. Cook Incorporated et al, SDWV CA 2:15-cv-11625. (lca)
July 28, 2015 MEMBER CASE TERMINATED: WVSD CA 2:13-cv-21288, Jones et al v. Cook Group, Inc. et al, terminated pursuant to the Order entered in the member civil action on 7/28/2015. Plaintiffs Harold Jones (WVSD CA 2:13-21288) and Noreen Jones (WVSD CA 2:13-21288) terminated herein. (ts)
July 27, 2015 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Moon v. Cook Incorporated et al, SDWV CA 2:15-cv-11529. (lca)
July 20, 2015 Opinion or Order Filing 376 PRETRIAL ORDER # 63 (Second Amended Docket Control Order for Remaining Cook MDL Cases and Order Granting Plaintiffs' Unopposed Motion for Extension) Finding that PTO # 62 (First Amended Docket Control Order for Remaining Cook MDL Cases and Order Granting Plaintiffs' Unopposed Motion to Extension) requires clarification in paragraphs A.1 and A.2. Accordingly, it is ORDERED as follows and as more fully set forth herein: On or before 8/31/2015, the parties are directed to notify the court by filing in MDL 2440 only, a "Notice Complying with PTO # 63," which identifies by name and case number, any cases on Exhibit A; On or before 9/08/2015, the court will enter a PTO confirming the cases to be included in the Cook Wave 1. The following deadlines apply in the Cook Wave 1 cases: 1/04/2016 - deadline for written discovery requests; 12/21/2015 - expert disclosure by party with burden of proof; 1/18/2016 - expert disclosure by opposing party; 2/02/2016 - expert disclosure for rebuttal purposes; 2/16/2016 - deposition deadline and close of discovery; 3/07/2016 - filing of dispositive and Daubert motions; 3/22/2016 - responses to dispositive and Daubert motions; and 3/28/2016 - reply to response to dispositive and Daubert motions. 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: 1/18/2016 - consolidated motion to seal is due; 2/3/2016 responses due; and 2/10/2016 replies due; By no later than 2/01/2016, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall submit venue recommendations to the court, either jointly or separately, by 2/15/2016; At the conclusion of pre-trial proceedings, the court, pursuant to PTO # 13 and 28 U.S.C. 1404(a), will transfer each directly-filed case to a federal district court of proper venue as defined in 28 U.S.C. 1391. If a case is to be tried in the WVSD the case shall be deemed trial-ready when discovery is completed and the court rules on the parties' pretrial motions. Signed by Judge Joseph R. Goodwin on 7/20/2015. (Attachment: #1 Exhibit A) (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: MDL 2440; Cases Listed on Exhibit A) (ts)
July 17, 2015 MEMBER CASE TERMINATED: WVSD CA 2:13-cv-31943, Hardison et al v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 7/17/2015. Plaintiffs Lucian Hardison (WVSD CA 2:13-31943) and Terrilynn Hardison (WVSD CA 2:13-31943) terminated herein. (ts)
July 17, 2015 Opinion or Order Filing 375 ORDER denying #361 MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated to Reconsider #351 Pretrial Order # 60 and #357 Pretrial Order # 62. Signed by Judge Joseph R. Goodwin on 7/17/2015. (cc: attys; any unrepresented party) (ts)
July 16, 2015 Opinion or Order Filing 374 ORDER granting #372 MOTION by Levin Simes LLP for Change of Address in MDL 2440 and each individual case in which Levin Simes is associated. The Clerk is directed to update the information, as set forth in the Motion, both on the main master docket and for each individual member case in MDL 2440 with which William Levin, Laurel Simes, Rachel Abrams, Amy Eskin, and Meghan McCormick are associated. Signed by Judge Joseph R. Goodwin on 7/16/2015. (cc: attys; any unrepresented party) (klc)
July 15, 2015 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Byrd v. Cook Incorporated et al, SDWV CA 2:15-cv-11218. (lca)
July 14, 2015 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Andrews v. Cook Incorporated et al, SDWV CA 2:15-cv-11166. (lca)
July 14, 2015 MEMBER CASE TRANSFERRED FROM MDL 2325 to MDL 2440 pursuant to the Order entered on 7/14/2015: WVSD CA 2:13-cv-02646, Weirback v. Cook Incorporated et al. (ts)
July 14, 2015 Filing 373 MOTION by Jacob A. Flint, Andrew W. Callahan and Flint & Associates LLC for Change of Attorney Information (Flint, Jacob)
July 13, 2015 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia, O'Connor v. Cook Incorporated et al, SDWV CA 2:15-cv-11004; Turnipseed et al v. Cook Incorporated et al, SDWV CA 2:15-cv-11007; Phillips v. Cook Incorporated et al, SDWV CA 2:15-cv-11032. (lca)
July 12, 2015 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Manuel v. Cook Incorporated et al, SDWV CA 2:15-cv-10709. (lca)
July 9, 2015 MEMBER CASES OPENED: Direct Filings in the Southern District of West Virginia: Hayward v. Cook Incorporated et al, SDWV CA 2:15-cv-09653; Burke et al v. Cook Incorporated et al, SDWV CA 2:15-cv-09721; Severino v. Cook Incorporated et al, SDWV CA 2:15-cv-09769. (rea)
July 9, 2015 MEMBER CASE TERMINATED: WVSD CA 2:14-cv-18400, Gaiera v. Cook Incorporated et al, terminated pursuant to the Notice of Voluntary Dismissal Without Prejudice/Order entered in the member civil action on 7/9/2015. Plaintiff Colleen A. Gaiera (WVSD CA 2:14-18400) terminated herein. (skh)
July 8, 2015 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Ballinger v. Cook Incorporated et al, SDWV CA 2:15-cv-09591. (rea)
July 6, 2015 MEMBER CASE TERMINATED: WVSD CA 2:13-cv-20609, Hogan et al v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 7/6/2015. Plaintiffs Frances Hogan (WVSD CA 2:13-20609) and Robert Hogan (WVSD CA 2:13-20609) terminated herein. (skh)
July 2, 2015 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Powers v. Cook Incorporated et al, SDWV CA 2:15-cv-09176. (rea)
June 30, 2015 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Kroop et al v. Cook Incorporated et al, SDWV CA 2:15-cv-08884. (rea)
June 29, 2015 Filing 372 MOTION by Levin Simes LLP for Change of Address in MDL 2440 and each individual case in which Levin Simes is associated (Abrams, Rachel)
June 24, 2015 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Peoples v. Cook Incorporated et al, SDWV CA 2:15-cv-08275. (rea)
June 24, 2015 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-17406, Thrash-Benson v. Cook Incorporated et al, WVSD CA 2:13-cv-21286, Latavitz v. Cook Group, Inc. et al, WVSD CA 2:14-cv-22241, Baker et al v. Cook Incorporated et al, and WVSD CA 2:14-cv-22603, Brown et al v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 6/24/2015. Plaintiffs Charlotte Thrash-Benson (WVSD CA 2:13-17406), Anne Latavitz (WVSD CA 2:13-21286), Naomi Jean Baker (WVSD CA 2:14-22241), Scott Baker (WVSD CA 2:14-22241), Edgar Brown (WVSD CA 2:14-22603), and Vergie Lee Brown (WVSD CA 2:14-22603) terminated herein. (ts)
June 23, 2015 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Allen v. Cook Incorporated et al, SDWV CA 2:15-cv-08207. (rea)
June 23, 2015 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-17165, Courtney v. Cook Incorporated et al, WVSD CA 2:13-cv-15660, Fricke et al v. Cook Incorporated et al, and WVSD CA 2:14-cv-04796, Sullivan v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 6/23/2015. Plaintiffs Lana Courtney (WVSD CA 2:13-17165), Gaylon Fricke (WVSD CA 2:13-15660), Julia Fricke (WVSD CA 2:13-15660), and Nancy Sullivan (WVSD CA 2:14-4796) terminated herein. (ts)
June 20, 2015 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Roth v. Cook Incorporated et al, SDWV CA 2:15-cv-08055. (rea)
June 18, 2015 MEMBER CASES TERMINATED: WVSD CA 2:14-cv-21340, Day v. Cook Incorporated et al and WVSD CA 2:14-cv-22242, Rylee v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 6/18/2015. Plaintiffs Patricia Day (WVSD CA 2:14-21340) and Dana Rylee (WVSD CA 2:14-22242) terminated herein. (ts)
June 16, 2015 Opinion or Order Filing 371 ORDER granting Motion by Edward Metzger, Marilyn Metzger TO TRANSFER member case 2:13-cv-17235 from MDL 2440 Cook to MDL 2326 Boston Scientific. Directing the Clerk to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 6/16/2015. (cc: attys; any unrepresented party) (ts)
June 15, 2015 MEMBER CASES OPENED: Direct Filings in the Southern District of West Virginia: Richardson et al v. Cook Incorporated et al, SDWV CA 2:15-cv-07700; Shine et al v. Cook Incorporated et al, SDWV CA 2:15-cv-07701; Strom v. Cook Incorporated et al, SDWV CA 2:15-cv-07703. (rea)
June 11, 2015 Opinion or Order Filing 370 ORDER denying as moot #365 MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated to Dismiss or, in the Alternative, for Monetary Sanctions. Signed by Judge Joseph R. Goodwin on 6/11/2015. (cc: attys; any unrepresented party) (skh)
June 11, 2015 Opinion or Order Filing 369 ORDER denying #367 AMENDED MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated to Dismiss or, in the Alternative, for Monetary Sanctions. Signed by Judge Joseph R. Goodwin on 6/11/2015. (cc: attys; any unrepresented party) (skh)
June 10, 2015 Filing 368 MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated to Exclude Certain Multi-Product Cases from Cook Wave 1. (Attachment: #1 Exhibit A: List of Cases Involving Other Manufacturers' Products)(King, Douglas)
June 10, 2015 Filing 367 AMENDED MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated to Dismiss or, in the Alternative, for Monetary Sanctions (Attachments: #1 Exhibit A, #2 Proposed Order, #3 Proposed Order)(King, Douglas). (Modified on 6/10/2015 to add motion for sanctions) (skh).
June 10, 2015 Filing 366 MEMORANDUM OF LAW by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated in support of #365 MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated to Dismiss or, in the Alternative, for Monetary Sanctions (King, Douglas)
June 10, 2015 Filing 365 MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated to Dismiss or, in the Alternative, for Monetary Sanctions (Attachments: #1 Proposed Order, #2 Proposed Order)(King, Douglas). (Modified on 6/10/2015 to add motion for sanctions)(skh).
June 9, 2015 Filing 364 TRANSCRIPT OF PROCEEDINGS of status conference held on June 2, 2015, before Judge Joseph R. Goodwin and Magistrate Judge Cheryl A. Eifert. Court Reporter Mary Schweinhagen, Telephone number 304-347-3188. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 6/19/2015. Redaction Request due 6/30/2015. Redacted Transcript Deadline set for 7/10/2015. Release of Transcript Restriction set for 9/8/2015. (mas) (Modified docket text on 6/9/2015 to add Magistrate Judge Eifert.) (klc).
June 4, 2015 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Blesener v. Cook Incorporated et al, SDWV CA 2:15-cv-07323. (lca)
June 4, 2015 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-15879, Ward v. Cook Incorporated et al, WVSD CA 2:13-cv-20348, Calkins v. Cook Incorporated et al, WVSD CA 2:13-cv-20350, Demarcus v. Cook Incorporated et al, and WVSD CA 2:13-cv-20841, Christian et al v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 6/4/2015. Plaintiffs Charlotte Dewene Ward (WVSD CA 2:13-15879), Vera Dors Calkins (WVSD CA 2:13-20348), Myrna L. Demarcus (WVSD CA 2:13-20350), Pamela Christian (WVSD CA 2:13-20841), and Michael Christian (WVSD CA 2:13-20841) terminated herein. (ts)
June 4, 2015 Filing 363 MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated to Exclude Certain Cases from Cook Wave 1. (Attachment: #1 Exhibit A: List of cases)(King, Douglas)
June 3, 2015 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Swenson v. Cook Incorporated et al, SDWV CA 2:15-cv-07166. (lca)
June 3, 2015 Filing 362 MEMORANDUM by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated in support of #361 MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated to Reconsider #351 Pretrial Order # 60 and #357 Pretrial Order # 62 (King, Douglas)
June 3, 2015 Filing 361 MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated to Reconsider #351 Pretrial Order # 60 and #357 Pretrial Order # 62 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(King, Douglas) (Modified on 6/3/2015 to add links to #351 and #357 pretrial orders (skh).
June 3, 2015 Opinion or Order Filing 360 ORDER Directing that Humana, Inc.'s #354 Withdrawal of Motion is GRANTED and Humana, Inc.'s #353 Motion to Intervene for the Limited Purpose of Objecting to Plaintiffs' Coordinating Lead Counsel and Plaintiffs' Executive Committee's Motion to Appoint Lien Resolution Administrator and Incorporated Memorandum of Law is DENIED as moot. Signed by Judge Joseph R. Goodwin on 6/3/2015. (cc: attys; any unrepresented party) (REF: ALL CASES) (ras)
June 2, 2015 Filing 359 STATUS CONFERENCE held by Judge Joseph R. Goodwin and Magistrate Judge Cheryl A. Eifert on 6/2/2015; Court Reporter: Mary Schweinhagen. (rac) (Main Document replaced on 6/3/2015 to correct typographical error.) (knb)
June 1, 2015 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Johnson v. Cook Incorporated et al, SDWV CA 2:15-cv-07002. (lca)
June 1, 2015 Filing 358 IMAGE REMOVED; DOCUMENT FILED IN INCORRECT CASE. Modified on 6/1/2015 (cbo).
June 1, 2015 NOTICE OF DOCKET CORRECTION re: Entry # 358. ERROR: Document filed in incorrect case. CORRECTION: Incorrect image removed and refiled in correct case. (cbo)
May 29, 2015 Opinion or Order Filing 357 PRETRIAL ORDER # 62 (First Amended Docket Control Order for Remaining Cook MDL Cases and Order Granting Plaintiffs' Unopposed Motion for Extension) It is ORDERED that #355 Plaintiffs' Unopposed Motion for Extension is GRANTED, setting the following deadlines as more fully set forth herein: On or before 8/31/2015 the parties are directed to notify the court by filing a Notice Complying with PTO # 59; On or before 9/08/2015 the court will enter a PTO confirming the cases to be included in the Cook Wave 1; The following deadlines apply in the Cook Wave 1 cases: 1/04/2016 - deadline for written discovery requests; 12/21/2015 - expert disclosure by party with burden of proof; 1/18/2016 - expert disclosure by opposing party; 2/02/2016 - expert disclosure for rebuttal purposes; 2/16/2016 - deposition deadline and close of discovery; 3/07/2016 - filing of dispositive and Daubert motions; 3/22/2016 - responses to dispositive and Daubert motions; and 3/28/2016 - reply to response to dispositive and Daubert motions; 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: 1/18/2016 - consolidated motion to seal is due; 2/3/2016 responses due; and 2/10/2016 replies due; By no later than 2/01/2016, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall submit venue recommendations to the court, either jointly or separately, by 2/16/2016; At the conclusion of pre-trial proceedings, the court, pursuant to PTO # 13 and 28 U.S.C. 1404(a), will transfer each directly-filed case to a federal district court of proper venue as defined in 28 U.S.C. 1391. The court DIRECTS the Clerk to file a copy of this order in 2:13-md-2440 and in the cases listed on Exhibit A. Signed by Judge Joseph R. Goodwin on 5/29/2015. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: MDL 2440; Cases listed on Exhibit A) (ts)
May 29, 2015 MEMBER CASE TERMINATED: WVSD CA 2:15-cv-02977, Menas v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 5/29/2015. Plaintiff Lynne Menas (WVSD CA 2:15-2977) terminated herein. (ts)
May 28, 2015 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia, Tyler v. Cook Incorporated, SDWV CA 2:15-cv-06854; Lane-Stinebaugh v. Cook Incorporated, SDWV CA 2:15-cv-06856; Milligan et al v. Cook Incorporated et al; SDWV CA 2:15-cv-06857; Neebe et al v. Cook Incorporated et al, SDWV CA 2:15-cv-06860; Colp v. Cook Incorporated et al, SDWV CA 2:15-cv-06861; Babione v. Cook Incorporated et al, SDWV CA 2:15-cv-06862; Klein et al v. Cook Incorporated et al, SDWV CA 2:15-cv-06863; Chelala v. Cook Incorporated et al, SDWV CA 2:15-cv-06866; Fuller et al v. Cook Incorporated et al, SDWV CA 2:15-cv-06869; Pattee et al v. Cook Incorporated et al, SDWV CA 2:15-cv-06870; Stowers et al v. Cook Incorporated et al, SDWV CA 2:15-cv-06880; Huebner v. Cook Incorporated et al, SDWV CA 2:15-cv-06881. (lca)
May 28, 2015 Filing 356 LETTER-FORM NOTICE of Attendance at June 2, 2015 Status Conference to Discuss Resolution of Subrogation and Reimbursement Obligations by Humana Insurance Co., Humana Medical Plans, Inc. (Lawrence, Gerald)
May 28, 2015 Filing 355 UNOPPOSED MOTION by All Plaintiffs for Extension of Deadlines in #350 Pretrial Order # 59 (Crump, Martin) (Modified on 5/29/2015 to add link to #350 PTO #59) (skh).
May 28, 2015 Filing 354 MOTION by Humana Insurance Co., Humana Medical Plans, Inc. to Withdraw #353 MOTION by Humana Insurance Co., Humana Medical Plans, Inc. to Intervene for the Limited Purpose of Objecting to Plaintiffs' Coordinating Lead Counsel and Plaintiffs' Executive Committee's Motion to Appoint Lien Resolution Administrator (Lawrence, Gerald)
May 28, 2015 MEMBER CASE TERMINATED: WVSD CA 2:14-cv-26156, Trevino et al v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 5/28/2015. Plaintiffs Megan Trevino (WVSD CA 2:14-26156) and Michael Trevino (WVSD CA 2:14-26156) terminated herein. (ts)
May 27, 2015 Filing 353 MOTION by Humana Insurance Co., Humana Medical Plans, Inc. to Intervene for the Limited Purpose of Objecting to Plaintiffs' Coordinating Lead Counsel and Plaintiffs' Executive Committee's Motion to Appoint Lien Resolution Administrator and Incorporated Memorandum of Law (Lawrence, Gerald)
May 22, 2015 Opinion or Order Filing 352 PRETRIAL ORDER # 61 (Order Rescheduling Time of Status Conference on June 2, 2015) It is ORDERED that the Status Conference previously scheduled for 6/02/2015, at 9:30 a.m. is rescheduled to 6/02/2015, at 1:00 p.m. At that time, a status conference will be conducted in all MDLs except In re Neomedic, 2:14-md-2511, in Room 7800 of the Robert C. Byrd United States Courthouse. It is further ORDERED that (1) defendant client representative(s) with full authority to make all decisions related to MDL 2440; (2) in house counsel for defendant(s) with full authority to make all decisions related to MDL 2440; (3) settlement counsel (if any) for defendant(s); and (4) lead counsel for plaintiffs and defendant(s) attend the status conference. Signed by Judge Joseph R. Goodwin on 5/22/2015. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ts)
May 20, 2015 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Smith et al v. Cook Incorporated et al, SDWV CA 2:15-cv-06501. (rea)
May 19, 2015 Opinion or Order Filing 351 PRETRIAL ORDER # 60 (Order re: Cook's Motion for Sanctions and Cook's Motion for a Lone Pine Order) In light of PTO # 59, it is ORDERED that #347 MOTION by Cook Biotech, Incorporated, Cook Incorporated, Cook Medical Incorporated for Sanctions is DENIED, and #348 MOTION by Cook Biotech, Incorporated, Cook Incorporated, Cook Medical Incorporated for a Lone Pine Order is DENIED. Signed by Judge Joseph R. Goodwin on 5/19/2015. (cc: attys; any unrepresented party) (REF: ALL CASES) (ts)
May 19, 2015 Opinion or Order Filing 350 PRETRIAL ORDER # 59 (Docket Control Order for Remaining Cook MDL Cases) With the selection of the cases on the Exhibit A (hereinafter the Cook Wave 1), the following deadlines are set forth: On or before 6/01/2015, the parties are directed to notify the court by filing a Notice Complying with PTO # 59, which identifies by name and case number, any cases on Exhibit A (1) that include defendants in addition to the Cook defendants; or (2) that are otherwise not appropriate for inclusion in the Cook Wave 1 because, for example, the case has been or will be dismissed. In addition, the parties should identify any cases in the Cook MDL that are not on Exhibit A, but name only the Cook defendants; On or before 6/09/2015, the court will enter a PTO confirming the cases to be included in the Cook Wave 1. Additionally, the following deadlines apply in the Cook Wave 1 cases: Deadline for written discovery requests - 10/5/2015; Expert disclosure by party with burden of proof - 9/21/2015; Expert disclosure by opposing party - 10/19/2015; Expert disclosure for rebuttal purposes - 11/4/2015; Deposition deadline and close of discovery - 11/18/2015; Filing of dispositive and Daubert motions - 12/8/2015; Responses to dispositive and Daubert motions -12/22/2015; and Reply to response to dispositive and Daubert motions - 12/29/2015. The last date to complete depositions shall be the discovery completion date by which all discovery, including disclosures required by Federal Rule of Civil Procedure 26(a)(1), and (2), but not disclosures required by Federal Rule of Civil Procedure 26(a)(3), shall be completed. 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 10/19/2015, any response is due 11/5/2015, and any reply is due 11/12/2015. By no later than 11/02/2015, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall submit venue recommendations to the court, either jointly or separately, by 11/16/2015. At the conclusion of pre-trial proceedings, the court, pursuant to PTO # 13 and 28 U.S.C. 1404(a), will transfer each directly-filed case to a federal district court of proper venue as defined in 28 U.S.C. 1391. In the alternative, pursuant to PTO # 13 and 28 U.S.C. 1407, cases that were transferred to this court by the MDL panel shall be remanded for further proceedings to the federal district court from which each such case was initially transferred, as more fully set forth herein. The court DIRECTS the Clerk to file a copy of this order in 2:13-md-2440 and in the cases listed on Exhibit A. Signed by Judge Joseph R. Goodwin on 5/19/2015. (Attachment: #1 Exhibit A) (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: MDL 2440, Cases listed on Exhibit A) (ts)
May 13, 2015 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-14697, Dunnington et al v. Cook Incorporated et al, WVSD CA 2:13-cv-19002, Francisco et al v. Cook, Inc. et al, WVSD CA 2:13-cv-20367, Santiago v. Cook Incorporated et al, WVSD CA 2:13-cv-21240, Hoyle v. Cook Incorporated et al, and WVSD CA 2:13-cv-22015, Cameron v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 5/13/2015. Plaintiffs Sarah Ruth Dunnington (WVSD CA 2:13-14697), Dennis Barfield (WVSD CA 2:13-14697), Virginia L. Francisco (WVSD CA 2:13-19002), Robert Francisco (WVSD CA 2:13-19002), Patricia Ann Santiago (WVSD CA 2:13-20367), Mary Sue Hoyle (WVSD CA 2:13-21240), and Deanne Cameron (WVSD CA 2:13-22015) terminated herein. (ts)
May 9, 2015 NOTICE OF DOCKET CORRECTION re: #347 Motion by Cook Biotech, Incorporated, Cook Incorporated, Cook Medical Incorporated for Sanctions. ERROR: Memorandum in Support filed as an attachment. CORRECTION: Memorandum removed and filed using the event Memorandum In Support, entry #349 . (skh)
May 8, 2015 Filing 349 MEMORANDUM OF LAW by Cook Biotech, Incorporated, Cook Incorporated, Cook Medical Incorporated in support of #347 MOTION by Cook Biotech, Incorporated, Cook Incorporated, Cook Medical Incorporated for Sanctions (skh)
May 8, 2015 Filing 348 MOTION by Cook Biotech, Incorporated, Cook Incorporated, Cook Medical Incorporated for a Lone Pine Order (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(King, Douglas)
May 8, 2015 Filing 347 MOTION by Cook Biotech, Incorporated, Cook Incorporated, Cook Medical Incorporated for Sanctions (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X)(King, Douglas) (Modified on 5/9/2015 to remove memorandum in support (attachment #25) and file it as entry #349) (skh).
May 4, 2015 MEMBER CASE OPENED: Direct Filing in the Southern District of West Virginia: Rackley et al v. Cook Incorporated et al, SDWV CA 2:15-cv-05582. (rea)
May 1, 2015 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Cross v. Cook Incorporated et al, SDWV CA 2:15-cv-05545. (lca)
April 27, 2015 MEMBER CASES OPENED: Direct filing in the Southern District of West Virginia, Brown et al v. Cook Incorporated et al, SDWV CA 2:15-cv-05207 and Nealeigh v. Cook Incorporated et al, SDWV CA 2:15-cv-05219. (lca)
April 22, 2015 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Craft et al v. Cook Incorporated et al, SDWV CA 2:15-cv-05068. (lca)
April 16, 2015 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Silver et al v. Cook Incorporated et al, SDWV CA 2:15-cv-04807. (lca)
April 16, 2015 Filing 346 TRANSCRIPT OF PROCEEDINGS of Bellwether Presentations held on 01/12/2015, before Judge Joseph R. Goodwin. Court Reporter Carol Farrell, Telephone number 856-576-7094. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 4/27/2015. Redaction Request due 5/7/2015. Redacted Transcript Deadline set for 5/18/2015. Release of Transcript Restriction set for 7/15/2015. (klc)
April 16, 2015 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-18900, Hovey v. Cook Group, Inc. et al and WVSD CA 2:13-cv-20370, Watkins v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 4/16/2015. Plaintiffs Mary Hovey (WVSD CA 2:13-18900) and Toni Maria Watkins (WVSD CA 2:13-20370) terminated herein. (ts)
April 7, 2015 Opinion or Order Filing 345 PRETRIAL ORDER # 58 (Order Scheduling Status Conference and Meetings in MDLs on June 2, 2015) It is ORDERED that PTO # 57 is VACATED. A status conference will be held in all MDLs except In re Neomedic, 2:14-md-2511, in Room 7800 of the Robert C. Byrd United States Courthouse on 6/02/2015, at 9:30 a.m. It is ORDERED that (1) defendant client representative(s) with full authority to make all decisions related to MDL 2440; (2) in house counsel for defendant(s) with full authority to make all decisions related to MDL 2440; (3) settlement counsel (if any) for defendant(s); and (4) lead counsel for plaintiffs and defendant(s) attend the status conference. It is further ORDERED that on 6/02/2015, for each MDL listed, the court will meet in chambers with the referenced individuals as follows: (1) Bard/TSL & Sofradim MDL 2187 10:00 a.m.; (2) Boston Scientific MDL 2326 11:00 a.m.; (3) Ethicon MDL 2327 1:30 p.m.; (4) Coloplast MDL 2387 2:30 p.m.; and (5) Cook MDL 2440 3:00 p.m. Signed by Judge Joseph R. Goodwin on 4/7/2015. (cc: attys; any unrepresented party) (REF: ALL CASES) (ts)
April 3, 2015 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Tuckness et al v. Cook Incorporated et al, SDWV CA 2:15-cv-4090. (lca)
April 2, 2015 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Thornton et al v. Cook Incorporated, SDWV CA 2:15-cv-04055. (cbo)
April 2, 2015 Opinion or Order Filing 344 PRETRIAL ORDER # 57 (Order Scheduling Status Conference and Meetings in MDLs on June 2, 2015) A status conference will be held in all MDLs except In re Neomedic, 2:14-md-2511, in Room 7800 of the Robert C. Byrd United States Courthouse on 6/02/2015, at 9:30 a.m. It is ORDERED that (1) defendant client representative(s) with full authority to make all decisions related to this MDL; (2) in house counsel for defendant(s) with full authority to make all decisions related to this MDL; (3) settlement counsel (if any) for defendant (s); and (4) lead counsel for plaintiffs and defendant(s) attend the status conference. It is further ORDERED that on 6/02/2015, for each MDL listed, the court will meet in chambers with the referenced individuals as follows: (1) Bard/TSL and Sofradim MDL 2187 at 10:00 a.m.; (2) Boston Scientific MDL 2326 at 11:00 a.m.; (3) Ethicon MDL 2327 at 1:30 p.m.; (4) Coloplast MDL 2387 at 2:30 p.m.; and (5) Cook MDL 2440 at 3:00 p.m. Signed by Judge Joseph R. Goodwin on 4/2/2015. (cc: attys; any unrepresented party) (REF: ALL CASES) (ts)
March 31, 2015 Opinion or Order Filing 343 ORDER granting #338 MOTION by The Potts Law Firm, LLP, Derek H. Potts, William H. Barfield, Timothy L. Sifers, Patricia L. Campbell, Brandon L. Corl and Michael K. Whitman For Change of Attorney Information in MDL No. 2440 and in each individual member case in which they are associated, as set forth more fully herein. Signed by Judge Joseph R. Goodwin on 3/31/2015. (cc: attys; any unrepresented party) (klc)
March 31, 2015 Opinion or Order Filing 342 ORDER denying #339 MOTION for Change of Attorney Information requesting that in the main MDL and each individual case in which attorneys John C. Conlin and Stephen Hunt, Jr. appear be updated as set forth in the Motion. A review of the member cases in MDL 2440 shows that neither John C. Conlin or Stephen Hunt, Jr. appear as counsel in any cases in this MDL. Signed by Judge Joseph R. Goodwin on 3/31/2015. (cc: attys; any unrepresented party) (klc)
March 27, 2015 Opinion or Order Filing 341 ORDER denying #337 MOTION by Hughes & Coleman for Substitution of Counsel Lee Coleman and to Withdraw as Counsel David K. Koon. A review of member cases in MDL 2440 shows that David K. Koon does not appear in any cases in this MDL. It is ORDERED that the Motion for Substitution of Counsel and to Withdraw as Counsel is DENIED as moot. Signed by Judge Joseph R. Goodwin on 3/27/2015. (cc: attys; any unrepresented party) (klc)
March 25, 2015 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Hardison v. Cook Incorporated et al, SDWV CA 2:15-cv-03667. (cbo)
March 25, 2015 MEMBER CASE TERMINATED: WVSD CA 2:14-cv-10849, Crain v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 3/25/2015. Plaintiff Theresa Crain (WVSD 2:14-10849) terminated herein. (ts)
March 23, 2015 Opinion or Order Filing 340 PRETRIAL ORDER # 56 (Fourth Amended Docket Control Order) Plaintiffs recently dismissed with prejudice, the Bellwether and back up Bellwether cases of Ailey v. Cook Inc., et al., 2:13-cv-18888, and Lingo v. Cook Inc., et al., 2:13-cv-20359. Accordingly, it is ORDERED that PTO # 53 (Third Amended Docket Control Order) is AMENDED to remove the pretrial, trial and other deadlines associated with Ailey and Lingo. In particular, the court has removed the following provisions from PTO # 53: paragraph 2(a)-(f). The remaining deadlines from PTO # 53 remain the same. The Court DIRECTS the Clerk to file a copy of this order in 2:13-md-2440 and in Ailey v. Cook Inc., et al., 2:13-cv-18888, Lingo v. Cook Inc., et al., 2:13-cv-20359, Watkins v. Cook Inc., et al., 2:13-cv-20370, and Hovey v. Cook Inc., et al., 2:13-cv-18900. Signed by Judge Joseph R. Goodwin on 3/23/2015. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: MDL 2440, Ailey v. Cook Inc., et al., 2:13-cv-18888, Lingo v. Cook Inc., et al., 2:13-cv-20359, Watkins v. Cook Inc., et al., 2:13-cv-20370, and Hovey v. Cook Inc., et al., 2:13-cv-18900) (ts)
March 23, 2015 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-18888, Ailey v. Cook Group, Inc. et al and WCSD CA 2:13-cv-20359, Lingo v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 3/23/2015. Plaintiffs Pamela Ailey (WVSD CA 2:13-18888) and Connie Jean Lingo (WVSD CA 2:13-20359) terminated herein. (ts)
March 18, 2015 Filing 339 MOTION by Cory Watson, P.C., Jon C. Conlin, Stephen Hunt, Jr. for Change of Attorney Information in MDL No. 2440 and each individual case in which they are associated (Attachment: #1 Proposed Order)(Conlin, Jon)
March 17, 2015 Filing 338 MOTION by The Potts Law Firm, LLP, Derek H. Potts, William H. Barfield, Timothy L. Sifers, Patricia L. Campbell, Brandon L. Corl and Michael K. Whitman For Change of Attorney Information in MDL No. 2440 and in each individual member case in which they are associated (Potts, Derek)
March 16, 2015 Filing 337 MOTION by Hughes & Coleman for Substitution of Counsel Lee Coleman and Withdraw of Counsel David K. Koon (Koon, David)
March 12, 2015 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Menas v. Cook Incorporated et al, SDWV CA 2:15-cv-02977. (cbo)
March 12, 2015 Opinion or Order Filing 336 ORDER the #292 MOTION by Sean Patrick Tracey and Shawn Paul Fox for Change of Attorney Information is DENIED as moot; and #333 Motion by Sean Patrick Tracey and Shawn Paul Fox for Change of Attorney Information is GRANTED in part with respect to the update of the firm name, telephone number and facsimile and DENIED in part as to the change of email addresses. The Clerk is instructed to update the firm name, telephone number and facsimile, as set forth in the Motion, both on the main master docket and for each individual member case in MDL 2440 with which said attorneys are associated. The Clerk is instructed not to update the email addresses. Signed by Judge Joseph R. Goodwin on 3/12/2015. (cc: attys; any unrepresented party) (klc)
March 6, 2015 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Rode et al v. Cook Incorporated et al, SDWV CA 2:15-cv-02659. (cbo)
March 3, 2015 MEMBER CASE TERMINATED: WVSD CA 2:14-cv-01414, Green v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 3/03/2015. Plaintiff Judith Green (WVSD CA 2:14-1414) terminated herein. (ts)
March 2, 2015 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Pelfrey et al v. Cook Incorporated et al, SDWV CA 2:15-cv-02647. (cbo)
February 27, 2015 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Smith-Walker v. Cook Incorporated et al, SDWV CA 2:15-cv-02335. (cbo)
February 26, 2015 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Mitchell v. Cook Incorporated et al, SDWV CA 2:15-cv-02280; Yuricha v. Cook Incorporated et al, SDWV CA 2:15-cv-02301. (cbo)
February 26, 2015 Opinion or Order Filing 335 PRETRIAL ORDER # 55 (QUALIFIED PROTECTIVE ORDER) granting #334 MOTION by Garretson Resolution Group, Inc. for Entry of Qualified Protective Order; This Qualified Protective Order shall expand upon PTO #29 and apply specifically to Plaintiff Law Firms in this action that retain (or have retained) the LRA to serve as their agent to perform certain functions related to claimants' health insurance reimbursement claims and/or liens, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 2/26/2015. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ts)
February 25, 2015 Filing 334 MOTION by Garretson Resolution Group, Inc. for Entry of Qualified Protective Order (Attachment: #1 Exhibit A - Proposed Order)(Hicks, Jennifer)
February 25, 2015 Filing 333 MOTION by Sean Patrick Tracey, Shawn Paul Fox for Change of Attorney Information. (Tracey, Sean) (Modified on 2/26/2015 to convert event to motion) (skh).
February 16, 2015 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Stoneman v. Cook Incorporated et al, SDWV CA 2:15-cv-01854. (cbo)
February 6, 2015 Filing 332 AMENDED OBJECTIONS AND RESPONSES to #314 Notice to Take Oral Deposition of Mike Hiles by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
February 6, 2015 Filing 331 AMENDED OBJECTIONS AND RESPONSES to #313 Notice to Take Oral Deposition of Neal Fearnot by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
February 6, 2015 Filing 330 TRANSCRIPT OF PROCEEDINGS held on 02/05/2015, before Judge Joseph R. Goodwin and Magistrate Judge Cheryl A. Eifert. Court Reporter Carol Farrell, Telephone number 304-347-3188. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 2/17/2015. Redaction Request due 2/27/2015. Redacted Transcript Deadline set for 3/9/2015. Release of Transcript Restriction set for 5/7/2015. (caf) (Modified docket text on 2/11/2015 to add Magistrate Judge Cheryl A. Eifert.) (klc).
February 6, 2015 MEMBER CASE TERMINATED: WVSD CA 2:13-cv-20356, Highbaugh v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 2/5/2015. Plaintiff Charlene H. Highbaugh (WVSD CA 2:13-20356) terminated herein. (ts)
February 5, 2015 Filing 329 OBJECTIONS AND RESPONSES to #325 Notice to Take Oral Deposition of Tom Worthington by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
February 5, 2015 Filing 328 OBJECTIONS AND RESPONSES to #324 Notice to Take Oral Deposition of Mark Bleyer by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
February 5, 2015 Filing 327 STATUS CONFERENCE held by Judge Joseph R. Goodwin on 2/5/2015; Court Reporter: Carol Farrell. (rac)
February 5, 2015 Filing 326 TRANSCRIPT OF PROCEEDINGS held on 01/23/15, before Magistrate Judge Cheryl A. Eifert. Court Reporter Carol Farrell, Telephone number 304-347-3188. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 2/17/2015. Redaction Request due 2/26/2015. Redacted Transcript Deadline set for 3/9/2015. Release of Transcript Restriction set for 5/6/2015. (caf)
February 3, 2015 Filing 325 NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Tom Worthington on 2/26/2015 at 9:00 a.m. Eastern (Copeland, Erin)
February 3, 2015 Filing 324 NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Mark Bleyer on 3/12/2015 at 9:00 a.m. Eastern (Copeland, Erin)
February 3, 2015 Filing 323 OBJECTIONS AND RESPONSES to #315 Notice to Take Oral Deposition of Chris Fecteau by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
February 3, 2015 Filing 322 OBJECTIONS AND RESPONSES to #313 Notice to Take Oral Deposition of Neal Fearnot by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
February 3, 2015 Filing 321 OBJECTIONS AND RESPONSES to #314 Notice to Take Oral Deposition of Michael Hiles by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
February 3, 2015 Filing 320 OBJECTIONS AND RESPONSES to #318 Amended Notice to Take Oral Deposition of Andy Cron by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
February 3, 2015 Filing 319 OBJECTIONS AND RESPONSES to #316 Amended Notice to Take Oral Deposition of Jerry French by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
February 3, 2015 Filing 318 AMENDED NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Andy Cron on 2/19/15 at 9:00 a.m. ET (Rockstad, Trevor)
February 2, 2015 Filing 317 AMENDED NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Andy Cron on 11/7/2014 at 9:00 a.m. ET (Rockstad, Trevor)
February 2, 2015 Filing 316 AMENDED NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Jerry French on 2/11/15 at 9:00 a.m. ET (Rockstad, Trevor)
January 29, 2015 Filing 315 NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Chris Fecteau on 02/20/15 at 9:00 a.m. (Anderson, Benjamin)
January 29, 2015 Filing 314 NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Mike Hiles on 02/18/15 at 9:00 a.m. (Anderson, Benjamin)
January 29, 2015 Filing 313 NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Neal Fearnot on 02/16/2015 at 9:00 a.m. (Anderson, Benjamin)
January 28, 2015 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Vanderpool et al v. Cook Incorporated et al, SDWV CA 2:15-cv-01165;Alvarez v. Cook Incorporated et al, SDWV CA 2:15-cv-01167. (cbo)
January 26, 2015 Opinion or Order Filing 312 PRETRIAL ORDER # 54 (Order Rescheduling Meetings in MDLs from January 29-30, 2015 to February 5-6, 2015) Due to the weather, it is ORDERED that the Status Conference and other meetings scheduled on 01/29/2015 and 01/30/2015, are rescheduled to 2/05/2015 at 10:00 a.m., as more fully set forth herein. It is further ORDERED, with the permission of plaintiffs' leadership, that on 02/05/2015, at 1:30 p.m. in Room 2604, a private conference with all defendant client representative(s) and in house counsel with full authority to make all decisions in each MDL, settlement counsel and lead counsel for defendants will be held. Counsel is directed to notify the court via email of any changes in the identity of the client representative(s) and/or in house counsel who will attend such conferences on or before 01/29/2015. Finally, it is ORDERED that on 02/06/2015, the court will facilitate breakout sessions in the MDLs, as specified herein. Signed by Judge Joseph R. Goodwin on 1/26/2015. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ts)
January 24, 2015 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia, Obregon v. Cook Incorporated et al, SDWV CA 2:15-cv-01055; Dias v. Cook Incorporated et al, SDWV CA 2:15-cv-01056. (cbo)
January 23, 2015 Filing 311 TELEPHONIC CONFERENCE held by Magistrate Judge Cheryl A. Eifert on 1/23/2015; Court Reporter: Carol Farrell. (skh)
January 20, 2015 Opinion or Order Filing 310 ORDER Because AMS is not a named defendant in this action, the parties advised the Court that they withdraw their motion to dismiss AMS as a defendant and that plaintiff will continue to prosecute her action against the named defendants; granting the #309 Notice of Withdrawal of Joint Motion to Dismiss Defendant American Medical Systems, Inc. with Prejudice, which is construed as a motion and denying as moot the #305 Joint Motion to Dismiss Defendant American Medical Systems, Inc. with Prejudice. Signed by Judge Joseph R. Goodwin on 1/20/2015. (cc: attys; any unrepresented party) (REF: 2:14-cv-22239 Jordan) (ras)
January 16, 2015 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Martinez et al v. Cook Incorporated et al, SDWV CA 2:15-cv-00771. (cbo)
January 15, 2015 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Laurella v. Cook Incorporated et al, SDWV CA 2:15-cv-00679. (cbo)
January 15, 2015 Filing 309 NOTICE OF WITHDRAWAL of #305 JOINT MOTION by American Medical Systems, Inc., Plaintiffs to Dismiss With Prejudice by American Medical Systems, Inc., Plaintiffs (Weiss, Tracy)
January 13, 2015 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Struchen-Mishow v. Cook Incorporated et al, SDWV CA 2:15-cv-00568. (cbo)
January 13, 2015 Opinion or Order Filing 308 PRETRIAL ORDER # 53 (Third Amended Docket Control Order) with the selection of the 4 Bellwether cases it is ORDERED that the following deadlines set forth more fully here apply in the Discovery Pool and Bellwether cases. PTO # 19 (Docket Control Order), PTO # 37 (First Amended Docket Control Order), and PTO # 42 (Second Amended Docket Control Order) are amended with respect to: in all Discovery Pool cases and the 4 Bellwether cases, Non-Daubert based Dispositive Motions due 02/12/2015, responses due 02/19/ 2015, reply briefs due 02/23/2015; all Daubert motions due 02/12/2015, responses due 02/19/2015, reply briefs due 02/23/2015; motions in limine, supplemental Daubert motions as to the agreed upon medical examinations and Daubert based dispositive motions due 03/16/2015, responses due 03/23/2015. Pretrial conference for the 4/20/2015 trial scheduled for 04/15/2015 at 10:00 a.m.; deposition designations due 03/30/2015, objections and counter-designations due 04/07/ 2015, objections to the counter-designations, and any counter-designations due 04/13/2015; Magistrate Judge Eifert will conduct a hearing on outstanding designation deposition issues on 04/14/2015 at 9:00 a.m. in Huntington; exhibit and witness lists due 03/13/2015; proposed integrated pretrial due 3 days prior to the pretrial conference; proposed jury instructions, special interrogatories, proposed verdict form due 04/10/2015; the first trial will be held on 04/20/2015 at 8:30 a.m. In the event the first Bellwether trial (Ailey) is dismissed or not otherwise ready for trial, the court will proceed to trial on the backup (Lingo). Pretrial conference for the 05/18/2015 and 06/08/2015 trials scheduled for 05/13/2015 at 10:00 a.m.; deposition designations due 04/30/2015; objections and counter-designations due 05/06/2015, objections to the counter-designations, and any counter-designations due 05/11/2015; Magistrate Judge Eifert will conduct a hearing on any outstanding designation deposition issues on 05/12/2015 at 9:00 a.m. in Huntington; exhibit and witness lists due 04/13/2015; proposed integrated pretrial due 3 days prior to the pretrial conference; proposed jury instructions, special interrogatories and proposed verdict form due 05/10/2015; the court will conduct the second and third trials on 05/18/2015 and 06/08/2015 at 8:30 a.m. In the event Watkins is dismissed or not otherwise ready for trial, the court will proceed to trial of the Hovey case. Signed by Judge Joseph R. Goodwin on 1/13/2015. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: MDL 2440, Ailey v. Cook Inc., et al., 2:13-cv-18888, Lingo v. Cook Inc., et al., 2:13-cv-20359, Watkins v. Cook Inc., et al., 2:13-cv-20370, and Hovey v. Cook Inc., et al., 2:13-cv-18900) (ts)
January 13, 2015 Opinion or Order Filing 307 PRETRIAL ORDER # 52 (Order Designating Bellwether Cases) It is ORDERED that the following cases will be tried as bellwether cases in this MDL on the dates previously identified: Ailey v. Cook Inc., et al. 2:13-cv-18888; Lingo v. Cook Inc., et al. 2:13-cv-20359; Watkins v. Cook Inc., et al. 2:13-cv-20370, Hovey v. Cook Inc., et al. 2:13-cv-18900; in the event the Ailey case is dismissed or not otherwise ready for trial on 4/20/2015, the Lingo case will be tried on 4/20/2015. If Watkins is dismissed or not otherwise ready for trial on 5/18/2015, the Hovey case will be tried on that date. By even date, a Third Amended Docket Control Order related to these bellwethers and the remaining Discovery Pool cases will be entered. Signed by Judge Joseph R. Goodwin on 1/13/2015. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: MDL 2440, Ailey v. Cook Inc., et al., 2:13-cv-18888, Lingo v. Cook Inc., et al., 2:13-cv-20359, Watkins v. Cook Inc., et al., 2:13-cv-20370, and Hovey v. Cook Inc., et al., 2:13-cv-18900) (ts)
January 12, 2015 Filing 306 BELLWETHER PRESENTATION held by Judge Joseph R. Goodwin on 1/12/2015; Court Reporter: Carol Farrell. (rac) Modified on 1/13/2015 to correct date held. (knb)
January 9, 2015 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia, Madhoun v. Cook Incorporated et al, SDWV CA 2:15-cv-00484; Griffin v. Cook Incorporated et al, SDWV CA 2:15-cv-00487. (cbo)
January 9, 2015 Filing 305 JOINT MOTION by American Medical Systems, Inc., Plaintiffs to Dismiss With Prejudice (Attachments: #1 Exhibit A, #2 Proposed Order, #3 Certificate of Service)(Binis, Barbara)
January 8, 2015 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Haggard et al v. Cook Incorporated et al, SDWV CA 2:15-cv-00365. (cbo)
January 7, 2015 Opinion or Order Filing 304 PRETRIAL ORDER # 51 (Order re-scheduling Bellwether Presentations) It is ORDERED that the bellwether presentations previously scheduled for 01/12/2015 at 1:30 p.m. have been rescheduled to 01/12/2015 at 9:00 a.m. in Room 7800 of the Robert C. Byrd United States Courthouse. Both sides will have 30 minutes each for their presentation. Plaintiffs will present first. Signed by Judge Joseph R. Goodwin on 1/7/2015. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ts)
December 30, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Thomas et al v. Cook Incorporated et al, SDWV CA 2:14-cv-31008; Goodell v. Cook Incorporated et al, SDWV CA 2:14-cv-31298; Goodrum et al v. Cook Incorporated et al, SDWV CA 2:14-cv-31299. (cbo)
December 23, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Officer et al v. Cook Incorporated et al, SDWV CA 2:14-cv-30700. (cbo)
December 23, 2014 Filing 303 OBJECTIONS AND RESPONSES to #299 Notice to Take Videotaped Oral Deposition of Dennis W. Metzger, Ph.D. by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
December 22, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Woods v. Cook Incorporated et al, SDWV CA 2:14-cv-30602; Odegard v. Cook Incorporated et al, SDWV CA 2:14-cv-30604; McGuire et al v. Cook Incorporated et al, SDWV CA 2:14-cv-30618. (cbo)
December 19, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Akram et al v. Cook Incorporated et al, SDWV CA 2:14-cv-30400; Buford v. Cook Incorporated et al, SDWV CA 2:14-cv-30414. (cbo)
December 18, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Burney et al v. Cook Incorporated et al, SDWV CA 2:14-cv-30261; Miller v. Cook Incorporated et al, SDWV CA 2:14-cv-30296; Dean et al v. Cook Incorporated et al, SDWV CA 2:14-cv-30323. (cbo)
December 18, 2014 Opinion or Order Filing 302 PRETRIAL ORDER # 50 (Order Scheduling Meetings in MDLs on January 29-30, 2015) setting forth more fully herein the criteria and other requirements that will govern the status conference to be conducted in all MDLs in Room 7800 of the Robert C. Byrd United States Courthouse on Thursday, 01/29/2015, at 10:00 a.m. It is further ORDERED, with the permission of plaintiffs' leadership, that on Thursday, 01/29/2015, at 1:30 p.m. in Room 2604, a private conference will be conducted with all defendant client representative(s) and in house counsel with full authority to make all decisions in each MDL, settlement counsel and lead counsel for defendants. Counsel for defendant(s) in each MDL is directed to notify the court via email on or before 01/07/2015, the identity of the client representative(s) and in house counsel attending. Finally, it is ORDERED that on Friday, 01/30/2015, the court will facilitate breakout sessions in the MDLs, as specified herein. Signed by Judge Joseph R. Goodwin on 12/18/2014. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ts)
December 17, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Nyland et al v. Cook Incorporated et al, SDWV CA 2:14-cv-30153. (cbo)
December 17, 2014 Filing 301 AMENDED NOTICE TO TAKE DEPOSITION DUCES TECUM by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated of Lisa Morici, Ph.D. on January 8, 2015 at 9:00 a.m. (local time) (King, Douglas)
December 17, 2014 Filing 300 NOTICE TO TAKE DEPOSITION DUCES TECUM by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated of Daniel Elliott, M.D. on January 3, 2015 at 9:00 a.m. (King, Douglas)
December 16, 2014 Filing 299 NOTICE TO TAKE VIDEOTAPED ORAL DEPOSITION by All Plaintiffs of Dennis W. Metzger, Ph.D. on 12/30/14 at 9:00 a.m. (Anderson, Benjamin)
December 16, 2014 Filing 298 RESPONSE by All Plaintiffs to #291 Notice to Take Deposition Duces Tecum of Lisa Morici, Ph.D. (Crump, Martin)
December 15, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Russell et al v. Cook Incorporated et al, SDWV CA 2:14-cv-29984. (cbo)
December 15, 2014 MEMBER CASE TERMINATED: WVSD CA 2:13-cv-20349, Chaney v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 12/15/2014. Plaintiff Sandra Jean Chaney (WVSD CA 2:13-20349) terminated herein. (ts)
December 12, 2014 MEMBER CASE OPENED: Missouri Western, 4:14-cv-00636, Stoner v. Covidien plc et al, as SDWV CA 2:14-cv-29719 pursuant to the #297 TRANSFER ORDER WITH SIMULTANEOUS SEPARATION AND REMAND OF CERTAIN CLAIMS. (cbo)
December 12, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Grinder v. Cook Incorporated et al, SDWV CA 2:14-cv-29698. (cbo)
December 12, 2014 Filing 297 TRANSFER ORDER WITH SIMULTANEOUS SEPARATION AND REMAND OF CERTAIN CLAIMS directing that the action Listed on Schedule A is transferred to the Southern District of West Virginia and assigned to the Honorable Joseph R. Goodwin for inclusion in the coordinated or consolidated pretrial proceedings. Further directing that plaintiff Joyce L. Mitchell's claims are separated and simultaneously remanded, under 28 U.S.C. 1407(a), to the Western District of Missouri. Signed by Sarah S. Vance, Chairman of the Panel. (cc: Judge Goodwin; Magistrate Judge Eifert; Judicial Panel on MDL; attys)) (skh)
December 11, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, McBride v. Cook Incorporated et al, SDWV CA 2:14-cv-29644. (cbo)
December 10, 2014 Opinion or Order Filing 296 PRETRIAL ORDER #49 (AGREED ORDER AND STIPULATION REGARDING PATHOLOGY PROTOCOL FOR PRESERVATION AND TESTING OF PLAINTIFFS' TISSUE SAMPLES AND HANDLING OF PLAINTIFFS' PATHOLOGY SLIDES) by stipulating to this Pathology Protocol Order, the parties have agreed to be bound by its terms and to request its entry by the presiding district or magistrate judge. It is hereby ORDERED as follows: This stipulation is entered between Plaintiffs whose cases have been or may be selected as discovery pool cases or for potential trial work-up in the Litigation (as defined in Section A herein) and Defendants Cook Medical Incorporated, Cook Incorporated, and/or Cook Biotech Incorporated, by and through their respective counsel, to provide a protocol for the collection, preservation, storage, and division of the Materials in the Litigation, as more fully set forth herein. The Order will apply to all current actions selected for trial preparation in MDL 2440 pursuant to order of the Court (including, but not limited to, the current discovery pool cases in MDL 2440), as well as any similar future Pretrial Orders designating discovery pool cases or individual actions for trial preparation. This protocol is not intended to apply generally to all cases in this MDL proceeding. Signed by Judge Joseph R. Goodwin on 12/10/2014. (Attachment: #1 Exhibit A) (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys; any unrepresented party) (skh)
December 8, 2014 MEMBER CASE TERMINATED: WVSD CA 2:13-cv-21678, Flax v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 12/08/2014. Plaintiff Ellen R. Flax (WVSD CA 2:13-21678) terminated herein. (ts)
December 4, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Spruill v. Cook Incorporated et al, SDWV CA 2:14-cv-29356; Moya et al v. Cook Incorporated et al, SDWV CA 2:14-cv-29383; Cruz et al v. Cook Incorporated et al, SDWV CA 2:14-cv-29384; Martin et al v. Cook Incorporated et al, SDWV CA 2:14-cv-29385; Finkbeiner et al v. Cook Incorporated et al, SDWV CA 2:14-cv-29387; Winston v. Cook Incorporated et al, SDWV CA 2:14-cv-29411. (cbo)
December 3, 2014 MEMBER CASE TERMINATED: WVSD CA 2:13-cv-14251, Smith et al v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 12/03/2014. Plaintiffs Brenda L. Smith (WVSD CA 2:13-14251) and Michael Smith (WVSD CA 2:13-14251) terminated herein. (ts)
December 2, 2014 Opinion or Order Filing 295 PRETRIAL ORDER #48 (Order Scheduling Status Conference in All MDLs on January 29, 2015) Directing that a Status Conference be conducted in all MDLs in Room 7800 of the Robert C. Byrd United States Courthouse on Thursday, 1/29/2015 at 10:00 a.m. Signed by Judge Joseph R. Goodwin on 12/2/2014. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ts)
December 1, 2014 Filing 294 AMENDED NOTICE TO TAKE VIDEOTAPED DEPOSITION DUCES TECUM by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated of Thomas E. Koerner, M.D. on December 3, 2014 at 1:30 pm (local time) (King, Douglas)
November 26, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Oliver v. Cook Incorporated et al, SDWV CA 2:14-cv-29048. (cbo)
November 26, 2014 Filing 293 NOTICE TO TAKE DEPOSITION DUCES TECUM by Cook Biotech Incorporated, Cook Incorporated, and Cook Medical Incorporated of Donald Kreutzer, Ph.D. on December 11, 2014 at 9:00 a.m. (King, Douglas)
November 26, 2014 Filing 292 MOTION by Sean Patrick Tracey, Sean Paul Fox for Change of Attorney Information. (Tracey, Sean)
November 24, 2014 Filing 291 NOTICE TO TAKE DEPOSITION DUCES TECUM by Cook Biotech Incorporated, Cook Incorporated, and Cook Medical Incorporated of Lisa Morici, Ph.D. on December 18, 2014 at 9:00 a.m. (King, Douglas)
November 18, 2014 Opinion or Order Filing 290 ORDER granting #289 UNOPPOSED MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated for Extension of Time to Provide Expert Report of Stephen Rhodes, M.S. Signed by Judge Joseph R. Goodwin on 11/18/2014. (cc: attys; any unrepresented party) (skh)
November 18, 2014 MEMBER CASE TERMINATED: WVSD CA 2:14-cv-15615, Terry et al v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 11/18/2014. Plaintiffs Carmen Terry (WVSD CA 2:14-15615) and Sheridan Terry (WVSD CA 2:14-15615) terminated herein. (ts)
November 17, 2014 Filing 289 UNOPPOSED MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated for Extension of Time to Provide Expert Report of Stephen Rhodes, M.S. (Attachments: #1 Exhibit 1 (part 1) -- Rhodes Affidavit from JPML proceeding, #2 Exhibit 1 (part 2) -- Rhodes Affidavit from JPML proceeding, #3 Exhibit 2: Rhodes CV, #4 Proposed Order)(King, Douglas)
November 14, 2014 Filing 288 AMENDED NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Dennis Abbott on 12/22/14 at 9:00 a.m. Eastern Time (Rockstad, Trevor)
November 7, 2014 Filing 287 NOTICE TO TAKE VIDEOTAPED DEPOSITION DUCES TECUM by Cook Biotech Incorporated, Cook Incorporated, and Cook Medical Incorporated of Thomas E. Koerner, M.D. on December 3, 2014 at 1:30 pm (local time) (King, Douglas)
November 6, 2014 Filing 286 PROPOSED PRETRIAL ORDER Agreed Order and Stipulation Regarding Pathology Protocol by All Plaintiffs (Anderson, Benjamin)
November 5, 2014 Filing 285 OBJECTIONS AND RESPONSES to #283 Amended Notice to Take Oral Deposition of Jerry French by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
November 5, 2014 Filing 284 OBJECTIONS AND RESPONSES to #256 Amended Notice to Take Oral Deposition of Chad McAlexander by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
November 4, 2014 Filing 283 AMENDED NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Jerry French on 11/20/14 at 9:00 a.m. Eastern Time (Rockstad, Trevor)
November 4, 2014 Filing 282 AMENDED NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Dexter Elkins on 11/10/14 at 9:00 a.m. Eastern Time (Rockstad, Trevor)
November 3, 2014 Filing 281 SUBPOENAS ISSUED by the Clerk for Momence Packing and Pine Ridge Farms. Original and 1 copy of each mailed to Martin D. Crump for service. (Attachment: #1 Subpoena - Pine Ridge Farms) (skh)
November 3, 2014 NOTICE OF DOCKET CORRECTION re: #278 and #279 Letter to Clerk requesting issuance of subpoena. ERROR: Letter requesting issuance omitted at time of electronic filing. CORRECTION: Letter added as main document and proposed summons moved to attachment #1. (skh)
October 30, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Sanders v. Cook Incorporated et al, SDWV CA 2:14-cv-27435. (cbo)
October 30, 2014 Filing 280 OBJECTIONS AND RESPONSES to #263 Second Amended Notice to Take Oral Deposition of Curt Bogue by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
October 30, 2014 Filing 279 LETTER TO CLERK from All Plaintiffs requesting issuance of Permit for Inspection subpoenas. Issued 1 subpoenas. (Attachment: #1 Proposed Subpoena)(Crump, Martin) (Modified on 11/3/2014 to add letter requesting subpoena as main document and moved proposed subpoena to attachment #1) (skh).
October 30, 2014 Filing 278 LETTER TO CLERK from Plaintiffs requesting issuance of Permit for Inspection subpoenas. (Attachment: #1 Proposed Subpoena)(Crump, Martin) (Modified on 11/3/2014 to add letter requesting subpoena as main document and moved proposed subpoena to attachment #1) (skh).
October 28, 2014 Filing 277 OBJECTIONS AND RESPONSES to #250 Amended Notice to Take Oral Deposition of Mary Faderan by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
October 28, 2014 Filing 276 OBJECTIONS AND RESPONSES to #262 Notice to Take Oral Deposition of Mary Lee Bain by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
October 28, 2014 Filing 275 OBJECTIONS AND RESPONSES to #249 Second Amended Notice To Take Oral Deposition of Alicia Alitzer by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
October 27, 2014 Filing 274 OBJECTIONS AND RESPONSES to #216 Notice to Take Oral Deposition of Dexter Elkins by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
October 24, 2014 Filing 273 OBJECTIONS AND RESPONSES to #261 Amended Notice to Take Oral Deposition of Andy Cron by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
October 24, 2014 Filing 272 NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Colleen Walkey on 10/30/2014 at 9:30 a.m. (Rockstad, Trevor)
October 23, 2014 Filing 271 OBJECTIONS AND RESPONSES to #258 Amended Notice to Take Oral Deposition of Chris Fecteau by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
October 21, 2014 Filing 270 OBJECTIONS AND RESPONSES to #238 Amended Notice to Take Oral Deposition of Dennis Abbott by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
October 21, 2014 Filing 269 LETTER TO CLERK from Plaintiffs requesting issuance of Subpoena to Permit Inspection of Premises. (Crump, Martin) (Modified on 10/21/2014 to remove excess text) (skh).
October 21, 2014 Filing 268 LETTER TO CLERK from Plaintiffs requesting issuance of Subpoena to Permit Inspection of Premises. (Crump, Martin) (Modified on 10/21/2014 to remove excess text)(skh).
October 21, 2014 Filing 267 OBJECTIONS AND RESPONSES to #237 Amended Notice to Take Oral Deposition of Chris Dana by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
October 20, 2014 Filing 266 OBJECTIONS AND RESPONSES to #259 Amended Notice to Take Oral Deposition of Chad Johnson by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
October 17, 2014 Filing 265 AMENDED NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Neal Fearnot on 11/05/2014 at 9:00 a.m. (Anderson, Benjamin)
October 16, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Nelson v. Cook Incorporated et al, SDWV CA 2:14-cv-26942. (cbo)
October 16, 2014 Filing 264 OBJECTIONS AND RESPONSES to #227 Amended Notice to Take Oral Deposition of Jay Hodde by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
October 13, 2014 Filing 263 AMENDED NOTICE TO TAKE DEPOSITION by All Plaintiffs of Curt Bogue on 11/13/2014 at 9:00am (Anderson, Benjamin)
October 9, 2014 Filing 262 NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Mary Lee Bain on November 11, 2014 at 9:00 a.m. Eastern Time (Copeland, Erin)
October 9, 2014 Filing 261 AMENDED NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Andy Cron on 11/7/14 at 9:00 a.m. ET (Rockstad, Trevor)
October 8, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Messenger et al v. Cook Incorporated et al, SDWV CA 2:14-cv-26616. (cbo)
October 8, 2014 Filing 260 OBJECTIONS AND RESPONSES to #222 Notice to Take Oral Deposition of Neal Fearnot by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
October 8, 2014 Filing 259 AMENDED NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Chad Johnson on 11/04/2014 at 9:00 a.m. Eastern Time (Anderson, Benjamin)
October 8, 2014 Filing 258 AMENDED NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Chris Fecteau on 11/06/2014 at 9:00 a.m. Eastern Time (Anderson, Benjamin)
October 8, 2014 Filing 257 AMENDED NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Curt Bogue on 11/18/2014 at 9:00 a.m. Eastern Time (Anderson, Benjamin)
October 8, 2014 Filing 256 AMENDED NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Chad McAlexander on 11/19/2014 at 9:00 a.m. Eastern Time (Anderson, Benjamin)
October 8, 2014 Filing 255 TRANSCRIPT OF PROCEEDINGS of Telephonic Status Conference held on October 6, 2014, before Magistrate Judge Cheryl A. Eifert. Court Reporter Lisa Cook, Telephone number 304-254-8053. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 10/20/2014. Redaction Request due 10/29/2014. Redacted Transcript Deadline set for 11/10/2014. Release of Transcript Restriction set for 1/6/2015. (lac)
October 8, 2014 Filing 254 OBJECTIONS AND RESPONSES to #218 Amended Notice to Take Oral Deposition of Colleen Walkey by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
October 8, 2014 Filing 253 OBJECTIONS AND RESPONSES to #239 Amended Notice to Take Oral Deposition of Joe Ely by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
October 8, 2014 Filing 252 OBJECTIONS AND RESPONSES to #245 Amended Notice to Take Oral Deposition of Kevin Tepool by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
October 6, 2014 Filing 251 TELEPHONIC STATUS CONFERENCE held by Magistrate Judge Cheryl A. Eifert on 10/6/2014; Court Reporter: Lisa Cook. (skh)
October 3, 2014 MEMBER CASE TERMINATED: WVSD CA 2:13-cv-20205, Johnson v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 10/03/2014. Plaintiff Trinity Johnson (WVSD CA 2:13-20205) terminated herein. (ts)
October 3, 2014 Filing 250 AMENDED NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Mary Faderan on 11/11/2014 at 1:00 p.m. Eastern Time (Anderson, Benjamin)
October 3, 2014 Filing 249 SECOND AMENDED NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Alicia Alitzer on 11/11/2014 at 9:00 a.m. (Anderson, Benjamin)
October 2, 2014 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-14710, Johnson v. Cook Incorporated et al and 2:13-cv-20351, Fuentes v. Cook Incorporated et al, terminated pursuant to the Orders entered in the member civil actions on 10/02/2014. Plaintiffs Alison J. Johnson (WVSD CA 2:13-14710) and Ivon Segura Fuentes (WVSD CA 2:13-20351) terminated herein. (ts)
September 30, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Barner v. Cook Incorporated et al, SDWV CA 2:14-cv-26359. (cbo)
September 30, 2014 Filing 248 OBJECTIONS AND RESPONSES to #201 Third Amended Notice to Take Oral and Videotaped Deposition of Defendant Through Designated 30(b)(6) Witness, Angela Whitwer, by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
September 30, 2014 Filing 247 OBJECTIONS AND RESPONSES to #246 Amended Notice to Take Oral Deposition of Cara McKammon by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
September 29, 2014 Filing 246 AMENDED NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Cara McKammon on 10/14/2014 at 9:00 a.m. Eastern Time (Copeland, Erin)
September 29, 2014 MEMBER CASE TERMINATED: WVSD CA 2:13-cv-21242, Ralston et al v. Cook Group, Inc. et al, terminated pursuant to the Order entered in the member civil action on 9/29/2014. Plaintiffs Linda Ralston (WVSD CA 2:13-21242) and Terry Ralston (WVSD CA 2:13-21242) terminated herein. (ts)
September 26, 2014 Filing 245 AMENDED NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Kevin Tepool on 10/15/14 at 9:00 a.m. Eastern Time (Rockstad, Trevor)
September 26, 2014 Filing 244 AMENDED NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Dave Davis on 10/21/2014 at 9:00 a.m. Eastern Time (Copeland, Erin)
September 26, 2014 Filing 243 FOURTH AMENDED NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Angela Whitwer on 10/20/2014 at 9:00 a.m. Eastern Time (Copeland, Erin)
September 24, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Trevino et al v. Cook Incorporated et al, SDWV CA 2:14-cv-26156. (cbo)
September 24, 2014 Filing 242 OBJECTIONS AND RESPONSES to #208 Notice to Take Oral Deposition of Kevin Tepool by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
September 23, 2014 Filing 241 AMENDED NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Chip Helm on 10/7/14 at 9:00 a.m. Eastern Time (Rockstad, Trevor)
September 23, 2014 Filing 240 OBJECTIONS AND RESPONSES to #214 Notice to Take Oral Deposition of Chip Helm by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
September 22, 2014 Filing 239 AMENDED NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Joe Ely on 10/22/14 at 9:00 a.m. Eastern Time (Rockstad, Trevor)
September 22, 2014 Filing 238 AMENDED NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Dennis Abbott on 11/6/14 at 9:00 a.m. Eastern Time (Rockstad, Trevor)
September 22, 2014 Filing 237 AMENDED NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Chris Dana on 11/5/14 at 9:00 a.m. Eastern Time (Rockstad, Trevor)
September 19, 2014 Filing 236 OBJECTIONS AND RESPONSES to #202 Notice to Take Oral Deposition of Dave Davis by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
September 19, 2014 Filing 235 OBJECTIONS AND RESPONSES to #200 Third Amended Notice to Take Oral Deposition of Angela Whitwer by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
September 18, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Pepper v. Cook Incorporated et al, SDWV CA 2:14-cv-25982. (cbo)
September 17, 2014 Filing 234 AMENDED OBJECTIONS AND RESPONSES to #213 Notice to Take Oral Deposition of Mary McIntyre by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
September 17, 2014 Filing 233 AMENDED NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Mary McIntyre on 9/23/14 at 9:00 a.m. Eastern Time (Rockstad, Trevor)
September 15, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Bigelow v. Cook Incorporated et al, SDWV CA 2:14-cv-25811. (cbo)
September 15, 2014 Filing 232 OBJECTIONS AND RESPONSES to #213 Notice to Take Oral Deposition of Mary McIntyre by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
September 15, 2014 Filing 231 OBJECTIONS AND RESPONSES to #207 Notice to Take Oral Deposition of Josh Carr by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
September 12, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Lopes v. Cook Incorporated et al, SDWV CA 2:14-cv-25729. (cbo)
September 12, 2014 Filing 230 TRANSCRIPT OF PROCEEDINGS held on 09/08/2014, before Magistrate Judge Cheryl A. Eifert. Court Reporter Carol Farrell, Telephone number 304-347-3188. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 9/22/2014. Redaction Request due 10/3/2014. Redacted Transcript Deadline set for 10/14/2014. Release of Transcript Restriction set for 12/11/2014. (caf)
September 10, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Hopper et al v. Cook Incorporated et al, SDWV CA 2:14-cv-25647. (cbo)
September 9, 2014 Filing 229 NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Andy Cron on 10/23/2014 at 9:00 a.m. ET (Rockstad, Trevor)
September 8, 2014 Filing 228 TELEPHONIC STATUS CONFERENCE held by Magistrate Judge Cheryl A. Eifert on 9/8/2014; Court Reporter: Carol Farrell. (skh)
September 8, 2014 Filing 227 AMENDED NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Jay Hodde on 10/30/14 at 9:00 a.m. (Anderson, Benjamin)
September 8, 2014 MEMBER CASE TERMINATED: WVSD CA 2:13-cv-19551, Holmes v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 9/08/2014. Plaintiff Lynda Holmes (WVSD CA 2:13-19551) terminated herein. (ts)
September 4, 2014 Opinion or Order Filing 226 PRETRIAL ORDER # 47 (Scheduling of Discovery Conferences) Telephonic discovery conferences to last approximately one hour each are scheduled on the following Mondays at 3:00 PM: 9/8/2014; 9/22/2014; 10/6/2014; 10/20/2014; 11/3/2014; 11/17/2014; 12/1/2014; 12/15/2014; 1/5/2015; parties are directed to exchange agenda items by noon Thursday preceding each conference via email copying Laura_Tatman@wvsd.uscourts.gov. Signed by Magistrate Judge Cheryl A. Eifert on 9/4/2014. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
September 4, 2014 Opinion or Order Filing 225 PRETRIAL ORDER # 46 (Ex Parte Physician Contact by Cook Defendants) Granting in part and denying in part the Cook Defendants #198 Motion for Entry of Pretrial Order on Physician Contact; the court grants Cook's request for entry of guidelines, but rejects both proposed versions and sets forth more fully herein the protocol to be followed. Signed by Magistrate Judge Cheryl A. Eifert on 9/4/2014. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
September 3, 2014 Filing 224 AMENDED NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Alicia Alitzer on 10/23/2014 at 9:00 a.m. ET (Anderson, Benjamin)
August 29, 2014 Filing 223 NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Curt Bogue on 10/6/2014 at 9:00 a.m. ET (Anderson, Benjamin)
August 29, 2014 Filing 222 NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Neal Fearnot on 10/22/2014 at 9:00 a.m. ET (Anderson, Benjamin)
August 29, 2014 Filing 221 NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Chris Fecteau on 10/1/2014 at 9:00 a.m. ET (Anderson, Benjamin)
August 29, 2014 Filing 220 NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Chad Johnson on 10/15/2014 at 9:00 a.m. ET (Anderson, Benjamin)
August 29, 2014 Filing 219 NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Chad McAlexander on 10/24/2014 at 9:00 a.m. ET (Anderson, Benjamin)
August 28, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Thornton et al v. Cook Incorporated et al, SDWV CA 2:14-cv-25192. (cbo)
August 26, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Jackson v. Cook Incorporated et al, SDWV CA 2:14-cv-25124; Presley v. Cook Incorporated et al, SDWV CA 2:14-cv-25129. (cbo)
August 25, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Garrison v. Cook Incorporated et al, SDWV CA 2:14-cv-25036; Harriman v. Cook Incorporated et al, SDWV CA 2:14-cv-25095. (cbo)
August 21, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Robinson et al v. Cook Medical, Inc. et al, SDWV CA 2:14-cv-24971. (cbo)
August 21, 2014 Filing 218 AMENDED NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Colleen Walkey on 10/3/14 at 9:00 a.m. ET (Rockstad, Trevor)
August 21, 2014 Filing 217 NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Jerry French on 10/14/14 at 9:00 a.m. ET (Rockstad, Trevor)
August 21, 2014 Filing 216 NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Dexter Elkins on 10/10/14 at 9:00 a.m. ET (Rockstad, Trevor)
August 21, 2014 Filing 215 NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Joe Ely on 10/7/14 at 9:00 a.m. ET (Rockstad, Trevor)
August 21, 2014 Filing 214 NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Chip Helm on 9/23/14 at 9:00 a.m. ET (Rockstad, Trevor)
August 21, 2014 Filing 213 NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Mary McIntyre on 9/22/14 at 9:00 a.m. ET (Rockstad, Trevor)
August 20, 2014 Filing 212 NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Alicia Alitzer on 9/19/2014 at 9:00 a.m. (Anderson, Benjamin)
August 20, 2014 Filing 211 NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Jay Hodde on 9/25/2014 at 9:00 a.m. (Anderson, Benjamin)
August 20, 2014 Opinion or Order Filing 210 ORDER denying as moot #180 JOINT MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated, All Plaintiffs for Entry of Second Amended Docket Control Order and Protocol for Medical Examinations. Signed by Judge Joseph R. Goodwin on 8/20/2014. (cc: attys; any unrepresented party) (skh)
August 19, 2014 Filing 209 TRANSCRIPT OF PROCEEDINGS of Telephonic Status Conference held on 08/11/2014, before Magistrate Judge Cheryl A. Eifert. Court Reporter Catherine Schutte-Stant, Telephone number 304-347-3151. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 8/29/2014. Redaction Request due 9/9/2014. Redacted Transcript Deadline set for 9/19/2014. Release of Transcript Restriction set for 11/17/2014. (css)
August 15, 2014 Filing 208 NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Kevin Tepool on 9/26/2014 at 9:00 a.m. (Rockstad, Trevor)
August 15, 2014 Filing 207 NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Josh Carr on 9/15/2014 at 9:00 a.m. (Rockstad, Trevor)
August 15, 2014 Filing 206 NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Dennis Abbott on 9/29/2014 at 9:00 a.m. (Rockstad, Trevor)
August 15, 2014 Filing 205 NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Chris Dana on 9/18/2014 at 9:00 a.m. (Rockstad, Trevor)
August 15, 2014 Filing 204 NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Cara McKammon on 10/2/2014 at 9:00 a.m. Eastern Time (Copeland, Erin)
August 15, 2014 Filing 203 NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Mary Faderan on 9/30/2014 at 9:00 a.m. Eastern Time (Copeland, Erin)
August 15, 2014 Filing 202 NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Dave Davis on 9/24/2014 at 9:00 a.m. Eastern Time (Copeland, Erin)
August 15, 2014 Filing 201 THIRD AMENDED NOTICE TO TAKE ORAL AND VIDEOTAPED DEPOSITION OF DEFENDANT THROUGH DESIGNATED 30(b)(6)WITNESS by All Plaintiffs of Angela Whitwer on 9/17/2014 at 9:00 a.m. Eastern Time (Copeland, Erin)
August 15, 2014 Filing 200 THIRD AMENDED NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Angela Whitwer on 9/16/2014 at 9:00 a.m. Eastern Time (Copeland, Erin)
August 14, 2014 MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: #198 MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated for Entry of Pretrial Order on Physician Contact (skh)
August 14, 2014 Filing 199 MEMORANDUM by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated in support of #198 MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated for Entry of Pretrial Order on Physician Contact (King, Douglas)
August 14, 2014 Filing 198 MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated for Entry of Pretrial Order on Physician Contact (Attachment: #1 Proposed Order)(King, Douglas)
August 14, 2014 Opinion or Order Filing 197 PRETRIAL ORDER # 45 (Order Amending Pretrial Order # 12) Amending Paragraph 3.e of #44 PTO # 12 (Agreed Order Establishing MDL 2440 Fund to Compensate and Reimburse Attorneys for Services Performed and Expenses Incurred for MDL Administration and Common Benefit) as follows: A Defendant and its counsel shall withhold the Assessment from payments made on all claims and pay the Assessment directly into the MDL 2440 Assessment Fund as a credit against the settlement or judgment on all claims. Such payment(s) may be made in periodic lump sums for multiple cases that have settled and have been funded in accordance with the terms of various settlement agreements. If a Plaintiff contests whether the assessment applies to her case, then that objection shall be presented to the Executive Committee of the MDLs for resolution. If no resolution is reached, a petition for repayment of the assessed amount may be made to the Court for resolution at such time as the Court approves the final assessment fund amount and the distribution of those funds. Signed by Judge Joseph R. Goodwin on 8/14/2014. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
August 13, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Philp v. Cook Incorporated et al, SDWV CA 2:14-cv-24709. (cbo)
August 11, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Gardner et al v. Cook Incorporated et al, SDWV CA 2:14-cv-24589. (cbo)
August 11, 2014 Filing 196 TELEPHONIC STATUS CONFERENCE held by Magistrate Judge Cheryl A. Eifert on 8/11/2014; Court Reporter: Cathy Schutte-Stant. (skh)
August 1, 2014 Filing 195 TRANSCRIPT OF PROCEEDINGS of Telephonic Status Conference held on July 28, 2014, before Magistrate Judge Cheryl A. Eifert. Court Reporter Lisa Cook, Telephone number 304-254-8053. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 8/11/2014. Redaction Request due 8/22/2014. Redacted Transcript Deadline set for 9/2/2014. Release of Transcript Restriction set for 10/30/2014. (lac)
August 1, 2014 Opinion or Order Filing 194 ORDER granting #190 MOTION for Change of Attorney Information for attorneys John J. Foley, Trent B. Miracle, Jayne Conroy and Paul J. Hanly, Jr. The Clerk is instructed to update the attorney information and firm name, as set forth in the Motion, both on the main master docket and for each individual member case in MDL 2440 with which said attorneys are associated. Signed by Judge Joseph R. Goodwin on 8/1/2014. (cc: attys; any unrepresented party) (klc) (Modified docket text on 8/1/2014 to correct typographical error.) (klc)
July 30, 2014 MEMBER CASE OPENED: Mississippi Southern, 3:14-cv-00546, Dempsey v. Cook Biotech, Inc. et al, as SDWV CA 2:14-cv-24149 pursuant to the #192 Cook Medical MDL Conditional Transfer Order (CTO #15). (cbo)
July 30, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Buford et al v. Cook Incorporated et al, SDWV CA 2:14-cv-24157. (cbo)
July 30, 2014 Filing 192 CONDITIONAL TRANSFER ORDER (CTO #15) from the Judicial Panel on Multidistrict Litigation: pursuant to 28 USC 1407, the following civil action is transferred to the Southern District of West Virginia and assigned to Judge Joseph R. Goodwin: MSS 3:14-00546, Dempsey v. Cook Biotech, Inc. et al. (signed by Jeffery N. Luthi, Clerk of Panel) (cc: Judge Goodwin; Magistrate Judge Eifert; Judicial Panel on MDL; attys) (ts)
July 28, 2014 Filing 193 TELEPHONIC STATUS CONFERENCE held by Magistrate Judge Cheryl A. Eifert on 7/28/2014; Court Reporter: Lisa Cook. (skh)
July 25, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Ward v. Cook Incorporated et al, SDWV CA 2:14-cv-24063; Farris v. Cook Incorporated et al, SDWV CA 2:14-cv-24088. (cbo)
July 24, 2014 Opinion or Order Filing 191 ORDER granting #188 MOTION for Change of Attorney Information. The Clerk is instructed to update the firm name in MDL No. 2440 and for each individual member case associated with MDL No. 2440 in which Erin K. Copeland or Kenneth T. Fibich appear. Signed by Judge Joseph R. Goodwin on 7/24/2014. (cc: attys; any unrepresented party) (klc)
July 16, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Alexander v. Cook Incorporated et al, SDWV CA 2:14-cv-23759. (cbo) Modified on 8/1/2014 to correct typographical error (cbo).
July 14, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Noble v. Cook Incorporated et al, SDWV CA 2:14-cv-23510; Pendergrass v. Cook Incorporated et al, SDWV CA 2:14-cv-23511; Paul et al v. Cook Incorporated et al, SDWV CA 2:14-cv-23551. (cbo)
July 13, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, McPherson et al v. Cook Incorporated et al, SDWV CA 2:14-cv-23438. (cbo)
July 11, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Avila v. Cook Incorporated et al, SDWV CA 2:14-cv-22606; Schneider v. Cook Incorporated et al, SDWV CA 2:14-cv-22644; Dorman et al v. Cook Incorporated et al, SDWV CA 2:14-cv-22685; Brayfield v. Cook Incorporated et al, SDWV CA 2:14-cv-22707; Dobson et al v. Cook Incorporated et al, SDWV CA 2:14-cv-22710; Miller v. Cook Incorporated et al, SDWV CA 2:14-cv-22717; King et al v. Cook Incorporated et al, SDWV CA 2:14-cv-23028; Davidson et al v. Cook Incorporated et al, SDWV CA 2:14-cv-23048; Davis v. Cook Incorporated et al; SDWV CA 2:14-cv-23049. (cbo)
July 11, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Rylee v. Cook Incorporated et al, SDWV CA 2:14-cv-22242; Darden et al v. Cook Incorporated et al, SDWV CA 2:14-cv-22479; Gone v. Cook Incorporated et al, SDWV CA 2:14-cv-22480; Henson v. Cook Incorporated et al, SDWV CA 2:14-cv-22485; Robillard et al v. Cook Incorporated et al, SDWV CA 2:14-cv-22486; Stephan v. Cook Incorporated et al, SDWV CA 2:14-cv-22487; Strickland et al v. Cook Incorporated et al, SDWV CA 2:14-cv-22490; Del Rio v. Cook Incorporated et al, SDWV CA 2:14-cv-22525; Baker v. Cook Incorporated et al, SDWV CA 2:14-cv-22561; Brown et al v. Cook Incorporated et al, SDWV CA 2:14-cv-22603. (cbo)
July 11, 2014 Filing 190 MOTION by John J. Foley, Trent B. Miracle, Jayne Conroy, Paul J. Hanly, Jr. for Change of Attorney Information in MDL No. 2440 and each individual member case in which they are associated (Foley, John)
July 10, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Reding et al v. Cook Incorporated et al, SDWV CA 2:14-cv-21860; Botello et al v. Cook Incorporated et al, SDWV CA 2:14-cv-21901; Barrett v. Cook Incorporated et al, SDWV CA 2:14-cv-21918; Fentress et al v. Cook Incorporated et al, SDWV CA 2:14-cv-22092; Jordan v. Cook Incorporated et al, SDWV CA 2:14-cv-22239; Baker et al v. Cook Incorporated et al, SDWV CA 2:14-cv-22241. (cbo)
July 9, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Akins v. Cook Incorporated et al, SDWV CA 2:14-cv-21259; Parker et al v. Cook Incorporated et al, SDWV CA 2:14-cv-21314; Day v. Cook Incorporated et al, SDWV CA 2:14-cv-21340; Hampton et al v. Cook Incorporated et al, SDWV CA 2:14-cv-21342. (cbo)
July 8, 2014 Opinion or Order Filing 189 PRETRIAL ORDER #44 (Order Cancelling July 24, 2014 Status Conference and September 4, 2014 Status Conference) Cancelling the Status Conferences scheduled for 10:00 a.m. Thursday, 7/24/2014 and 10:00 a.m. Thursday, 9/4/2014. Signed by Judge Joseph R. Goodwin on 7/8/2014. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
July 8, 2014 MEMBER CASE TERMINATED: WVSD CA 2:13-cv-19005, Kerr et al v. Cook, Inc. et al, terminated pursuant to the Order entered in the member civil action on 7/08/2014. Plaintiffs Claudette B. Kerr (WVSD CA 2:13-19005) and William Kerr (WVSD CA 2:13-19005) terminated herein. (ts)
July 7, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Sullivan-Ellard v. Cook Incorporated et al, SDWV CA 2:14-cv-20686; Parker v. Cook Incorporated et al, SDWV CA 2:14-cv-20710; Megginson-Vaughn et al v. Cook Incorporated et al, 2:14-cv-20732. (cbo)
July 7, 2014 Filing 188 MOTION by All Plaintiffs for Change of Attorney Information for Erin K. Copeland and Kenneth T. Fibich in MDL No. 2440 (Copeland, Erin)
July 3, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Peterman et al v. Cook Incorporated et al, SDWV CA 2:14-cv-20426. (cbo)
July 3, 2014 Opinion or Order Filing 187 ORDER denying #172 MOTION by Braden Ashe, Edward Breivik, Melissa Daniels, Christopher Donnelly, Stacey Federoff, Betsy Hiel, James Holmes, Jason Kato, Terry Nichols, Greg Reinbold, Bill Vidonic, and Ramzi Yusef to Intervene as Plaintiffs with Newly Discovered Evidence Under Rule 24(A) 2, Rule 24(B). Signed by Judge Joseph R. Goodwin on 7/3/2014. (cc: attys; Chris Donnelly) (skh)
July 2, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Nolan et al v. Cook Incorporated et al, SDWV CA 2:14-cv-20342. (cbo)
July 2, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Coleman et al v. Cook Incorporated et al, SDWV CA 2:14-cv-20242; Piaskowski et al v. Cook Incorporated et al, SDWV CA 2:14-cv-20229. (cbo)
July 1, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: McDonald v. Cook Incorporated et al, SDWV CA 2:14-cv-20051, Phillips v. Cook Incorporated et al, SDWV CA 2:14-cv-20056. (cbo)
June 30, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: McCracken v. Cook Incorporated et al, SDWV CA 2:14-cv-19805; Rosado v. Cook Incorporated et al, SDWV CA 2:14-cv-19891. (cbo)
June 30, 2014 Opinion or Order Filing 186 PRETRIAL ORDER # 43 (Agreed Protocol for Medical Examinations) Setting forth more fully herein the protocol for the medical examination of plaintiffs in the bellwether cases in MDL 2440, as those plaintiffs have put their physical condition at issue in the lawsuits filed against the Cook defendants in MDL 2440. Signed by Judge Joseph R. Goodwin on 6/30/2014. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
June 30, 2014 Opinion or Order Filing 185 PRETRIAL ORDER # 42 (Second Amended Docket Control Order) Amending PTO # 19 (Docket Control Order) and PTO # 37 (First Amended Docket Control Order) with respect to paragraphs 7, 8, 9, 10, 11, 12, 13, 14, 15, 17 and 18; plaintiffs to provide names and specialty of experts with deposition dates to occur by 1/1/2015 on 11/3/2014 and serve expert reports by 11/10/2014; defendants to provide names specialty of experts with deposition dates to occur by 1/9/2015 by 11/10/2014 and serve expert reports by 11/17/2014; plaintiffs rebuttal expert reports due 12/1/2014 for Discovery Pool cases; final, non-duplicative written discovery due 12/1/2014; expert discovery for Discovery Pool cases due 1/9/2015; discovery on all Discovery Pool cases due 1/9/2015; presentations on bellwether cases set 1/12/2015 for Discovery Pool cases, Court to select three Bellwether Cases to be tried by 1/13/2015; motion practice to be conducted as set forth more fully herein; the Court will issue future orders related to conduct of the pretrial conference and submission of a Proposed Pretrial Order; deposition designations due 3/30/2015, objections/counter-designations due 4/7/2015, and further counter-designations/objections due 4/13/2015; exhibit and witness lists due 3/13/2015; proposed jury instructions, any special interrogatories, and proposed verdict form due 4/10/2015; parties to have three Cook cases ready for trial 8:30 a.m. 4/30/2015, with subsequent trials 5/18/2015 and 6/8/2015. Signed by Judge Joseph R. Goodwin on 6/30/2014. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
June 27, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Williams v. Cook Incorporated et al, SDWV CA 2:14-cv-19678. (cbo)
June 26, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Cook v. Cook Incorporated et al, SDWV CA 2:14-cv-19564; Daley v. Cook Incorporated et al, SDWV CA 2:14-cv-19565; Smith v. Cook Incorporated et al, SDWV CA 2:14-cv-19566; Moore v. Cook Incorporated et al, SDWV CA 2:14-cv-19567. (cbo)
June 25, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Blanton et al v. Cook Incorporated et al, SDWV CA 2:14-cv-19378. (cbo)
June 24, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Wischmann et al v. Cook Incorporated et al, SDWV CA 2:14-cv-19278. (cbo)
June 23, 2014 Filing 184 TRANSCRIPT OF PROCEEDINGS held on 06/16/2014, before Magistrate Judge Cheryl A. Eifert. Court Reporter Carol Farrell, Telephone number 304-347-3188. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 7/3/2014. Redaction Request due 7/14/2014. Redacted Transcript Deadline set for 7/24/2014. Release of Transcript Restriction set for 9/22/2014. (caf)
June 20, 2014 Filing 183 TELEPHONIC STATUS CONFERENCE held by Magistrate Judge Cheryl A. Eifert on 6/16/2014; Court Reporter: Carol Farrell. (taq)
June 19, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Ferguson v. Cook Incorporated et al, SDWV CA 2:14-cv-18822; Wilbur et al v. Cook Incorporated et al, SDWV CA 2:14-cv-18823; Gallawa et al v. Cook Incorporated et al, SDWV CA 2:14-cv-18868. (cbo)
June 19, 2014 Filing 182 RESPONSE by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated in opposition to #172 MOTION by Braden Ashe, Edward Breivik, Melissa Daniels, Christopher Donnelly, Stacey Federoff, Betsy Hiel, James Holmes, Jason Kato, Terry Nichols, Greg Reinbold, Bill Vidonic, Ramzi Yusef to Intervene as Plaintiffs (King, Douglas)
June 17, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Clifford v. Cook Incorporated et al, SDWV CA 2:14-cv-18572. (cbo)
June 17, 2014 Opinion or Order Filing 181 ORDER: Based on representation of counsel that Jessica Margaret Heinz no longer represents any party in this MDL or any party in any member case, the above-named counsel is terminated where she appears as counsel for any party in this MDL and in any member case. Signed by Judge Joseph R. Goodwin on 6/17/2014. (cc: attys; any unrepresented party) (klc)
June 16, 2014 Filing 180 JOINT MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated, All Plaintiffs for Entry of Second Amended Docket Control Order and Protocol for Medical Examinations (Attachments: #1 Exhibit A: Proposed Second Amended Docket Control Order, #2 Exhibit B: Proposed Protocol for Medical Examinations)(King, Douglas) (Modified on 6/20/2014 to add party filer) (cbo).
June 13, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Gaiera v. Cook Incorporated et al, SDWV CA 2:14-cv-18400; Blankenship v. Cook Incorporated et al, SDWV CA 2:14-cv-18428. (cbo)
June 12, 2014 Filing 179 SUPPLEMENTAL OBJECTIONS AND RESPONSES to #163 Second Amended Notice to Take Oral and Videotaped Deposition by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated. (King, Douglas)
June 12, 2014 Filing 178 OBJECTIONS AND RESPONSES to #163 Second Amended Notice to Take Oral and Videotaped Deposition by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated. (King, Douglas)
June 12, 2014 Filing 177 OBJECTIONS AND RESPONSES to #164 Second Amended Notice to Take Oral Deposition by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated. (King, Douglas)
June 6, 2014 Filing 176 OBJECTIONS AND RESPONSES to #165 Notice to Take Oral Deposition of Bruce Green by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
June 5, 2014 Filing 175 MOTION by Jessica Margaret Heinz to Withdraw as Counsel in MDL No. 2440 and all member civil actions related to MDL No. 2440. (Heinz, Jessica)
June 4, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Kenley v. Cook Incorporated et al, SDWV CA 2:14-cv-17608. (cbo)
June 4, 2014 Filing 174 OBJECTIONS AND RESPONSES to #166 Notice to Take Oral Deposition of Chad Johnson by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
June 3, 2014 Filing 173 OBJECTIONS AND RESPONSES to #167 Notice to Take Oral Deposition of Colleen Walkey by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
June 3, 2014 Filing 172 MOTION by Braden Ashe, Edward Breivik, Melissa Daniels, Christopher Donnelly, Stacey Federoff, Betsy Hiel, James Holmes, Jason Kato, Terry Nichols, Greg Reinbold, Bill Vidonic, and Ramzi Yusef to Intervene as Plaintiffs with Newly Discovered Evidence Under Rule 24(A) 2, Rule 24(B). (ras)
May 29, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Jackson v. Cook Incorporated et al, SDWV CA 2:14-cv-17187. (cbo)
May 29, 2014 MEMBER CASE OPENED: Illinois Southern, 3:13-cv-01351 Harriman v. Cook Incorporated et al, as SDWV CA 2:14-cv-17137 pursuant to the #169 Cook Medical MDL Conditional Transfer Order (CTO #14). (cbo)
May 29, 2014 Filing 171 TRANSCRIPT OF PROCEEDINGS of Telephonic Status Conference held on May 19, 2014, before Magistrate Judge Cheryl A. Eifert. Court Reporter Lisa Cook, Telephone number 304-254-8053. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 6/9/2014. Redaction Request due 6/19/2014. Redacted Transcript Deadline set for 6/30/2014. Release of Transcript Restriction set for 8/27/2014. (lac)
May 29, 2014 Opinion or Order Filing 170 PRETRIAL ORDER # 41 (Revised Short Form Complaint and Amended Short Form Complaint re: Addition of Neomedic Entities and Removal of Ethicon, LLC) Attaching a revised Short Form Complaint and a revised Amended Short Form Complaint that reflect changes pursuant to a PTO entered in the Ethicon MDL dismissing Ethicon, LLC pursuant to the agreement of the parties and the assignment of the Neomedic MDL resulting in the addition of four Neomedic entities; PTO #s 13 and 14 remain in force and effect where applicable; parties filing Short Form Complaints in new cases or Amended Short Form Complaints in existing cases, where applicable, must use the revised forms attached to this PTO and located on the Court's website beginning no later than 6/5/2014. Signed by Judge Joseph R. Goodwin on 5/29/2014. (Attachments: #1 Exhibit A - Short Form Complaint, #2 Exhibit B - Amended Short Form Complaint) (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras) (Modified on 5/30/2014 to replace incorrect images of Attachments 1 and 2.) (ras)
May 28, 2014 Filing 169 CONDITIONAL TRANSFER ORDER (CTO #14) from the Judicial Panel on Multidistrict Litigation: pursuant to 28 USC 1407, the following civil action is transferred to the Southern District of West Virginia and assigned to Judge Joseph R. Goodwin: ILS 3:13-01351, Harriman v. C.R. Bard, Inc. et al. (signed by Jeffery N. Luthi, Clerk of Panel) (cc: Judge Goodwin; Magistrate Judge Eifert; Judicial Panel on MDL; attys) (ts)
May 26, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Serrano v. Cook Incorporated et al, SDWV CA 2:14-cv-16923. (cbo)
May 19, 2014 Filing 168 TELEPHONIC STATUS CONFERENCE held by Magistrate Judge Cheryl A. Eifert on 5/19/2014; Court Reporter: Lisa Cook. (skh)
May 16, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia, Friedman v. Cook Incorporated et al, SDWV CA 2:14-cv-16509; Kirby v. Cook Incorporated et al, SDWV CA 2:14-cv-16510; Schrader v. Cook Incorporated et al, SDWV CA 2:14-cv-16511.Case Transferred into the Southern District of West Virginia, Indiana Southern, 1:14-cv-00679, Harris et al v. Cook Group, Inc. et al, as SDWV CA 2:14-cv-16531 pursuant to the #162 Conditional Transfer Order (CTO #13). (cbo)
May 16, 2014 Filing 167 NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Colleen Walkey on 6/17/2014 at 9:00 a.m. (Copeland, Erin)
May 16, 2014 Filing 166 NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Chad Johnson on 6/18/2014 at 9:00 a.m. (Copeland, Erin)
May 16, 2014 Filing 165 NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Bruce Green on 6/20/2014 at 9:00 a.m. (Copeland, Erin)
May 16, 2014 Filing 164 SECOND AMENDED NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Angela Whitwer on 6/26/2014 at 9:00 a.m. (Copeland, Erin)
May 16, 2014 Filing 163 SECOND AMENDED NOTICE TO TAKE ORAL AND VIDEOTAPED DEPOSITION by All Plaintiffs of Defendants Cook Biotech Incorporated, Cook Medical Incorporated and Cook Incorporated Through Designated Witnesses on 6/26/2014 at 9:00 a.m. (Copeland, Erin)
May 16, 2014 Filing 162 CONDITIONAL TRANSFER ORDER (CTO #13) from the Judicial Panel on Multidistrict Litigation: pursuant to 28 USC 1407, the following civil action is transferred to the Southern District of West Virginia and assigned to Judge Joseph R. Goodwin: INS 1:14-00679, HARRIS et al v. COOK GROUP, INC. et al. (signed by Jeffery N. Luthi, Clerk of Panel) (cc: Judge Goodwin; Magistrate Judge Eifert; Judicial Panel on MDL; attys) (ts)
May 15, 2014 NOTICE OF DOCKET CORRECTION re: #161 TRANSCRIPT OF PROCEEDINGS of Telephonic Status Conference held on 5-5-14 before Magistrate Judge Cheryl A. Eifert. ERROR: Incorrect date listed on page 1 of the trancript. CORRECTION: Incorrect image removed and replaced with correct image. (klc) (klc)
May 13, 2014 MEMBER CASE TERMINATED: WVSD CA 2:14-cv-10798, Cadwalader et al v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 5/13/2014. Plaintiffs Joanne Cadwalader (WVSD CA 2:14-10798) and Willard Cadwalader (WVSD CA 2:14-10798) terminated herein. (ts)
May 13, 2014 Filing 161 TRANSCRIPT OF PROCEEDINGS of Telephonic Status Conference held on 5-5-14, before Magistrate Judge Cheryl A. Eifert. Court Reporter Ayme Cochran, Telephone number 304-347-3128. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 5/23/2014. Redaction Request due 6/3/2014. Redacted Transcript Deadline set for 6/13/2014. Release of Transcript Restriction set for 8/11/2014. (aac) (Modified on 5/15/2014 to remove and replace incorrect image.) (klc)
May 12, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Montgomery et al v. Cook Incorporated et al, SDWV CA 2:14-cv-16280. (cbo)
May 9, 2014 Filing 160 TRANSCRIPT OF PROCEEDINGS of Telephonic Status Conferece held on 04-25-2014, before Magistrate Judge Cheryl A. Eifert. Court Reporter Ayme Cochran, Telephone number 304-347-3128. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 5/19/2014. Redaction Request due 5/30/2014. Redacted Transcript Deadline set for 6/9/2014. Release of Transcript Restriction set for 8/7/2014. (aac)
May 9, 2014 MEMBER CASE TERMINATED: WVSD CA 2:13-19834, Campbell v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 5/9/2014. Plaintiff Theresa Campbell (WVSD CA 2:13-19834) terminated herein. (skh)
May 7, 2014 Filing 159 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Patty Ann Trantham on behalf of All Plaintiffs. (Trantham, Patty)
May 5, 2014 Filing 158 TELEPHONIC STATUS CONFERENCE held by Magistrate Judge Cheryl A. Eifert on 5/5/2014; Court Reporter: Ayme Cochran. (skh)
April 30, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Jackson v. Cook Incorporated et al, SDWV CA 2:14-cv-15540; Terry et al v. Cook Incorporated et al, SDWV CA 2:14-cv-15615. (cbo)
April 29, 2014 Opinion or Order Filing 157 PRETRIAL ORDER # 40 (Scheduling of Discovery Conferences) Having determined that telephonic discovery conferences would be beneficial, the same are scheduled for 3:00 p.m. 5/5/2014; 3:00 p.m. 5/19/2014; 3:00 p.m. 6/2/2014; 3:00 p.m. 6/16/2014; 3:00 p.m. 6/30/2014; 3:00 p.m. 7/28/2014; and 3:00 p.m. 8/11/2014; to access each one hour conference, participating counsel will dial 703/724-3100, code 4003105; counsel attending the conferences need not be the same each week, but at least one attorney with discovery leadership responsibilities will be present for each party and shall be authorized to speak for that party; parties will exchange agenda items by noon on the Thursday preceding each conference. Signed by Magistrate Judge Cheryl A. Eifert on 4/29/2014. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
April 28, 2014 Opinion or Order Filing 156 PRETRIAL ORDER # 39 (Deposition Protocol) Deposition protocol will be followed in depositions conducted in this MDL as more fully set forth herein. Signed by Magistrate Judge Cheryl A. Eifert on 4/28/2014. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
April 25, 2014 Filing 155 TELEPHONIC STATUS CONFERENCE held by Magistrate Judge Cheryl A. Eifert on 4/25/2014; Court Reporter: Ayme Cochran. (skh)
April 24, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Salzbrunn et al v. Cook Incorporated et al, SDWV CA 2:14-cv-15271; Collins et al v. Cook Incorporated et al, SDWV CA 2:14-cv-15272. (cbo)
April 24, 2014 Filing 154 TRANSCRIPT OF PROCEEDINGS of Telephonic Status Conference held on 04/11/2014, before Magistrate Judge Cheryl A. Eifert. Court Reporter Cathy Schutte-Stant, Telephone number 304-347-3151. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 5/5/2014. Redaction Request due 5/15/2014. Redacted Transcript Deadline set for 5/27/2014. Release of Transcript Restriction set for 7/23/2014. (css)
April 23, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Beasley et al v. Cook Incorporated et al, SDWV CA 2:14-cv-15208. (cbo)
April 23, 2014 Opinion or Order Filing 153 ORDER: the #124 Motion for Change of Attorney Information and Withdraw of Counsel is GRANTED. The Clerk is instructed to update the attorney information, firm name, and address for the firm of Skikos, Crawford, Skikos & Joseph, LLP and the attorneys affiliated therewith as set forth in the Motion, on the main master docket and for each individual member case in MDL No. 2440 with which said attorneys are associated. Attorney Piper Morrison is allowed to withdraw as counsel and that attorney Melissa Mielke is substituted in her place. Signed by Judge Joseph R. Goodwin on 4/23/2014. (cc: attys; any unrepresented party) (klc)
April 23, 2014 Filing 152 TRANSCRIPT OF PROCEEDINGS of Telephonic Status Conference held on April 18, 2014, before Magistrate Judge Cheryl A. Eifert. Court Reporter Lisa Cook, Telephone number 304-254-8053. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 5/5/2014. Redaction Request due 5/14/2014. Redacted Transcript Deadline set for 5/27/2014. Release of Transcript Restriction set for 7/22/2014. (lac)
April 21, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Baker et al v. Cook Incorporated et al, SDWV CA 2:14-cv-15073. (cbo)
April 17, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Ramsey et al v. Cook Incorporated et al, SDWV CA 2:14-cv-14980. (cbo)
April 17, 2014 Opinion or Order Filing 150 PRETRIAL ORDER # 38 (Plaintiffs' Motion to Compel Additional Time, for Reimbursement Of Costs, and For Deposition Document Protocol) Granting in part and denying in part Plaintiffs' #131 Motion to Compel Additional Time for Rule 30 and Rule 30(b)(6) Deposition, to Compel Reimbursement of Costs and Fees, and to Implement Deposition Document Protocol; granting Plaintiffs' motion for a protocol and denying Plaintiffs' motion for costs incurred in preparing for the Rule 30(b)(6) deposition, all as more fully set forth herein. Signed by Magistrate Judge Cheryl A. Eifert on 4/17/2014. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
April 16, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Holloway v. Cook Incorporated et al, SDWV CA 2:14-cv-14785. (cbo)
April 16, 2014 Opinion or Order Filing 149 PRETRIAL ORDER # 37 (First Amended Docket Control Order) Amending PTO # 19 (Docket Control Order) with respect to paragraphs 7, 8, 9, 10, 11, 12, 14, 15, 17 and 18; plaintiffs to provide names and specialty of experts with deposition dates to occur by 8/13/2014 on 7/2/2014 and serve expert reports by 7/9/2014; defendants to provide names specialty of experts with deposition dates to occur by 8/20/2014 by 7/9/2014 and serve expert reports by 7/16/2014; plaintiffs reputtal expert reports due 7/23/2014 for Discovery Pool cases; final, non-duplicative written discovery due 7/28/2014; expert discovery for Discovery Pool cases due 8/29/2014; discovery on all Discovery Pool cases due 8/29/2014; presentations on bellwether cases set 9/3/2014 for Discovery Pool cases, Court to select three Bellwether Cases to be tried by 9/4/2014; motion practice to be conducted as set forth more fully herein; the Court will issue future orders related to conduct of the pretrial conference and submission of a Proposed Pretrial Order; deposition designations due 10/7/2014, objections/counter-designations due 10/14/2014, and further counter-designations/objections due 10/21/2014; exhibit and witness lists due 10/7/2014; proposed jury instructions, any special interrogatories, and proposed verdict form due 10/27/2014; parties to have three Cook cases ready for trial 8:30 a.m. 11/3/2014, with subsequent trials 1/5/2015 and 2/9/2015. Signed by Judge Joseph R. Goodwin on 4/16/2014. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
April 15, 2014 Opinion or Order Filing 148 PRETRIAL ORDER # 36 (Order Cancelling May 1, 2014 Status Conference and June 12, 2014 Status Conference) Cancelling the Status Conferences set for 10:00 a.m. 5/1/2014 and 10:00 a.m. 6/12/2014. Signed by Judge Joseph R. Goodwin on 4/15/2014. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
April 11, 2014 Filing 147 TELEPHONIC STATUS CONFERENCE held by Magistrate Judge Cheryl A. Eifert on 4/11/2014; Court Reporter: Catherine Schutte-Stant. (skh)
April 11, 2014 Opinion or Order Filing 146 ORDER granting #142 MOTION by Keesha D. Middleton to Withdraw as Counsel of record in MDL 2440 and all member civil actions related to MDL 2440. Signed by Judge Joseph R. Goodwin on 4/11/2014. (cc: attys; any unrepresented party) (skh)
April 10, 2014 Filing 145 TRANSCRIPT OF PROCEEDINGS of Motions Hearing held on April 4, 2014, before Magistrate Judge Cheryl A. Eifert. Court Reporter Lisa Cook, Telephone number 304-254-8053. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 4/21/2014. Redaction Request due 5/1/2014. Redacted Transcript Deadline set for 5/12/2014. Release of Transcript Restriction set for 7/9/2014. (lac)
April 8, 2014 MEMBER CASE TERMINATED: WVSD CA 2:13-cv-21266, Grether v. Cook Group Inc. et al, terminated pursuant to the Order entered in the member civil action on 4/8/2014. Plaintiff Helen Grether (WVSD CA 2:13-21266) terminated herein. (skh)
April 7, 2014 Opinion or Order Filing 144 PRETRIAL ORDER # 35 (Plaintiffs' Motion to Compel Production of Hernia Documents) Granting Plaintiffs' #104 Motion to Compel Production of Hernia Documents from Defendant Cook as it relates to the production of documents relating to Cook's hernia repair products; directing parties to meet regarding the parameters of discovery involving materials specific to Cook's hernia repair products and be prepared to report their efforts at the telephonic discovery conference on Friday, 4/11/2014; if the parties cannot agree, they are to be prepared to submit proposals to the court for a ruling. Signed by Magistrate Judge Cheryl A. Eifert on 4/7/2014. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys)(REF: ALL CASES) (ras)
April 7, 2014 Filing 143 TRANSCRIPT REQUEST by American Medical Systems, Inc. for proceedings held on April 4, 2014 before Magistrate Judge Cheryl A. Eifert. (Legg, Erik)
April 6, 2014 Filing 142 MOTION by Keesha D. Middleton to Withdraw as Counsel of record in MDL 2440 and all member civil actions related to MDL 2440 (Attachment: #1 Proposed Order)(Middleton, Keesha)
April 4, 2014 Opinion or Order Filing 141 PRETRIAL ORDER # 34 (Plaintiffs' Motion to Compel Production of Documents) granting #105 MOTION by All Plaintiffs to Compel Production of Documents; directing Cook to supplement its answers to requests for production of documents on or before 5/2/2014 stating the specific objections applicable to each individual request. If relevant materials are withheld from production on the basis of a privilege or other protection, Cook shall so state in its response and shall supplement its privilege log as required by Fed. R. Civ. P. 26(b)(5)(A); directing Cook to update its production chart and report to the undersigned the status of its efforts at the next telephonic discovery conference on 4/11/2014; directing Cook to supplement its answers to requests for production of documents on or before 5/2/2014, providing Plaintiffs with substantive information regarding the status of the document production pertinent to each individual request, as more fully set forth herein. Signed by Magistrate Judge Cheryl A. Eifert on 4/4/2014. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES)(skh)
April 4, 2014 Filing 140 TRANSCRIPT REQUEST by All Plaintiffs for proceedings held on 4/4/14 before Magistrate Judge Cheryl A. Eifert. (Anderson, Benjamin)
April 4, 2014 Opinion or Order Filing 139 ORDER granting Motion by Donna Clark TO TRANSFER member case 2:13-cv-21074 from MDL 2440 Cook to MDL 2326 Boston Scientific; directing the Clerk to disassociate this civil action as a member case in MDL 2440 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 4/4/2014. (cc: attys; any unrepresented party) (skh)
April 4, 2014 Filing 138 MOTION HEARING held by Magistrate Judge Cheryl A. Eifert on 4/4/2014 re: #104 MOTION by All Plaintiffs to Compel Production of Hernia Documents from Defendant Cook, #105 MOTION by All Plaintiffs to Compel Production of Documents. (skh)
April 3, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Hunt v. Cook Incorporated et al, SDWV CA 2:14-cv-13946. (cbo)
April 2, 2014 Filing 137 RESPONSE by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated in opposition to #131 MOTION by All Plaintiffs to Compel Additional Time for Rule 30 and Rule 30(b)(6) Deposition, to Compel Reimbursement of Costs and Fees and to Implement Deposition Document Protocol (Attachments: #1 Exhibit A: 3/21/14 Status Conference Transcript, #2 Exhibit B: 3/28/14 Letter of Douglas B. King, #3 Exhibit C: 3/24/14 E-mail of Erica Drew, #4 Exhibit D: 3/25/14 E-mail of Erica Drew, #5 Exhibit E: 3/14/14 Status Conference Transcript, #6 Exhibit F: 3/26/14 E-mail of Jennifer Schuster)(King, Douglas)
April 1, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Quinley v. Cook Incorporated et al, SDWV CA 2:14-cv-13660. (cbo)
April 1, 2014 MEMBER CASE TERMINATED: WVSD CA 2:13-cv-20817, Janysek et al v. Cook Incorporated et al, terminated pursuant to the Order entered in the member civil action on 4/1/2014. Plaintiffs Chara Janysek (WVSD CA 2:13-20817) and Jerrett Janysek (WVSD CA 2:13-20817) terminated herein. (skh)
April 1, 2014 Filing 136 TRANSCRIPT OF PROCEEDINGS of Telephonic Status Conference held on March 28, 2014, before Magistrate Judge Cheryl A. Eifert. Court Reporter Lisa Cook, Telephone number 304-254-8053. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 4/11/2014. Redaction Request due 4/22/2014. Redacted Transcript Deadline set for 5/2/2014. Release of Transcript Restriction set for 6/30/2014. (lac)
March 28, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Bunch et al v. Cook Incorporated et al, SDWV CA 2:14-cv-13424; DeCanter et al v. Cook Incorporated et al, SDWV CA 2:14-cv-13430; Findling et al v. Cook Incorporated et al, SDWV CA 2:14-cv-13433; Ingram et al v. Cook Incorporated et al, SDWV CA 2:14-cv-13440; McLean v. Cook Incorporated et al, SDWV CA 2:14-cv-13442; Pearman v. Cook Incorporated et al, SDWV CA 2:14-cv-13447; Ramirez et al v. Cook Incorporated et al, SDWV CA 2:14-cv-13452. (cbo)
March 28, 2014 Filing 135 TELEPHONIC STATUS CONFERENCE held by Magistrate Judge Cheryl A. Eifert on 3/28/2014; Court Reporter: Lisa Cook. (skh)
March 28, 2014 Filing 134 REPLY by All Plaintiffs to #128 Response In Opposition. (Attachments: #1 Exhibit A, #2 Exhibit B)(Crump, Martin)
March 28, 2014 Filing 133 REPLY by All Plaintiffs to #127 Response In Opposition. (Crump, Martin)
March 27, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Stone et al v. Cook Incorporated et al, SDWV CA 2:14-cv-13349. (cbo)
March 27, 2014 Filing 132 TRANSCRIPT OF PROCEEDINGS of Status Conference held on 3/21/2014, before Magistrate Judge Cheryl A. Eifert. Court Reporter Ayme Cochran, Telephone number 304-347-3128. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 4/7/2014. Redaction Request due 4/17/2014. Redacted Transcript Deadline set for 4/28/2014. Release of Transcript Restriction set for 6/25/2014. (aac)
March 26, 2014 Filing 131 MOTION by All Plaintiffs to Compel Additional Time for Rule 30 and Rule 30(b)(6) Deposition, to Compel Reimbursement of Costs and Fees and to Implement Deposition Document Protocol (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Crump, Martin).
March 26, 2014 Opinion or Order Filing 130 ORDER granting #122 MOTION for Change of Attorney Information for Aimee H. Wagstaff. The Clerk is instructed to update the attorney information, firm name and address for the firm of Andrus Wagstaff, PC (fka Andrus Hood & Wagstaff, PC) and the attorneys affiliated therewith as set forth in the Motion for each individual member case in MDL 2387 with which said attorneys are associated. A search of the Electronic Case Filing (ECF) Records in the Southern District of West Virginia does not reflect that attorney Vance R. Andrus is associated with MDL No. 2440 or any member cases. If Mr. Andrus wishes to be associated with these cases, he must register for an ECF login and password with the Southern District of West Virginia and file a Notice of Attorney Appearance in the appropriate cases. Signed by Judge Joseph R. Goodwin on 3/26/2014. (cc: attys; any unrepresented party) (skh)
March 26, 2014 MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: #131 MOTION by All Plaintiffs to Compel Additional Time for Rule 30 and Rule 30(b)(6) Deposition, to Compel Reimbursement of Costs and Fees and to Implement Deposition Document Protocol (skh)
March 25, 2014 Filing 129 TRANSCRIPT REQUEST by All Plaintiffs for proceedings held on 03/21/2014 before Magistrate Judge Cheryl A. Eifert. (Anderson, Benjamin)
March 24, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Scogin et al v. Cook Incorporated et al, SDWV CA 2:14-cv-13035. (cbo)
March 24, 2014 Filing 128 RESPONSE by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated in opposition to #105 MOTION by All Plaintiffs to Compel Production of Documents (Attachments: #1 Exhibit A: Summary of Cook Productions, #2 Exhibit B: Summary of industry and market share information, #3 Exhibit C: MAUDE analysis summary, #4 Exhibit D: MDLs pending by district (JPML) as of 3/13/14, #5 Exhibit E (Part 1): Ex. C to Cook's interrogatory responses, #6 Exhibit E (Part 2): Ex. D to Cook's interrogatory responses, #7 Exhibit E (Part 3): Ex. E to Cook's interrogatory responses, #8 Exhibit E (Part 4): Ex. F to Cook's interrogatory responses, #9 Exhibit E (Part 5): Ex. G to Cook's interrogatory responses, #10 Exhibit F: March 22, 2014 e-mail from Douglas King, #11 Exhibit G: March 20, 2014 Cook production letter)(King, Douglas)
March 24, 2014 Filing 127 RESPONSE by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated in opposition to #104 MOTION by All Plaintiffs to Compel Production of Hernia Documents from Defendant Cook (Attachments: #1 Affidavit of Christopher Fecteau, #2 Exhibit 1 to C. Fecteau Affidavit, #3 Exhibit A: FDA web site on "substantial equivalence")(King, Douglas)
March 24, 2014 Filing 126 TRANSCRIPT REQUEST by American Medical Systems, Inc. for proceedings held on March 21, 2014 before Magistrate Judge Cheryl A. Eifert. (Legg, Erik)
March 24, 2014 Filing 125 TRANSCRIPT OF PROCEEDINGS of Status Conference held on March 14, 2014, before Magistrate Judge Cheryl A. Eifert. Court Reporter Lisa Cook, Telephone number 304-254-8053. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 4/3/2014. Redaction Request due 4/14/2014. Redacted Transcript Deadline set for 4/24/2014. Release of Transcript Restriction set for 6/23/2014. (lac)
March 23, 2014 Filing 124 MOTION by All Plaintiffs for Change of Attorney Information and Withdraw of Counsel (Skikos, Matthew).
March 21, 2014 Filing 123 TELEPHONIC STATUS CONFERENCE held by Magistrate Judge Cheryl A. Eifert on 3/21/2014. (skh)
March 20, 2014 Filing 122 MOTION by All Plaintiffs for Change of Attorney Information (Attachment: #1 Proposed Order)(Wagstaff, Aimee)
March 19, 2014 Opinion or Order Filing 121 ORDER granting #111 MOTION by American Medical Systems, Inc. for Change of Attorney Information with respect to Barbara R. Binis, Tracy G. Weiss, Louis W. Schack, and Rachel B. Weil. The Clerk is instructed to update the attorney information for these said attorneys affiliated with the firm of REED SMITH, LLP, as set forth in the Motion for each individual member case in MDL No. 2440 with which said attorneys are associated. A search of the Electronic Case Filing (ECF) Records in the Southern District of West Virginia does not reflect that attorney Stephen J. McConnell is associated with MDL No. 2440 or any member cases. If Mr. McConnell wishes to be associated with these cases, he must register for a ECF login and password with the Southern District of West Virginia and file a Notice of Attorney Appearance in the appropriate cases. Signed by Judge Joseph R. Goodwin on 3/19/2014. (cc: attys; any unrepresented party) (skh)
March 19, 2014 Filing 120 TRANSCRIPT OF PROCEEDINGS of Status Conference held on March 12, 2014, before Judge Joseph R. Goodwin and Magistrate Judge Cheryl Eifert. Court Reporter Lisa Cook, Telephone number 304-254-8053. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 3/31/2014. Redaction Request due 4/9/2014. Redacted Transcript Deadline set for 4/21/2014. Release of Transcript Restriction set for 6/17/2014. (lac) (Modified on 3/19/2014 to add docket text.) (klc)
March 18, 2014 Filing 119 TRANSCRIPT REQUEST by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated for proceedings held on 3/14/2014 before Magistrate Judge Cheryl A. Eifert. (King, Douglas) (Modified on 3/18/2014 to correct party filers) (skh).
March 17, 2014 Filing 118 SECOND AMENDED NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Defendants Cook Biotech, Inc., Cook Medical, Inc. and Cook Incorporated on 4/1/2014 at 10:00 a.m. (Copeland, Erin)
March 17, 2014 Filing 117 THIRD AMENDED NOTICE OF DEPOSITION by All Plaintiffs of Defendants Cook Biotech, Inc., Cook Medical, Inc. and Cook Incorporated on 3/31/2014 at 10:00 a.m. (Copeland, Erin)
March 17, 2014 Filing 116 FIRST AMENDED NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Angela Whitwer on 3/26/2014 at 9:00 a.m. (Copeland, Erin)
March 17, 2014 Filing 115 FIRST AMENDED NOTICE TO TAKE ORAL AND VIDEOTAPED DEPOSITION by All Plaintiffs of Defendants Cook Biotech Incorporated, Cook Medical Incorporated and Cook Incorporated through Designated Witnesses on 3/26/2014 at 9:00 a.m. (Copeland, Erin)
March 17, 2014 Filing 114 TRANSCRIPT REQUEST by American Medical Systems, Inc. for proceedings held on March 14, 2014 before Magistrate Judge Cheryl A. Eifert. (Legg, Erik)
March 14, 2014 Filing 113 TELEPHONIC CONFERENCE held by Magistrate Judge Cheryl A. Eifert on 3/14/2014. (skh)
March 14, 2014 Filing 112 TRANSCRIPT REQUEST by All Plaintiffs for proceedings held on 03/14/2014 before Magistrate Judge Cheryl A. Eifert. (Anderson, Benjamin)
March 14, 2014 Filing 111 MOTION by American Medical Systems, Inc. for Change of Attorney Information (Attachments: #1 Certificate of Service, #2 Proposed Order)(Binis, Barbara)
March 14, 2014 Filing 110 TRANSCRIPT REQUEST by All Plaintiffs for proceedings held on 03/12/2014 before Judge Joseph R. Goodwin and Magistrate Judge Cheryl A. Eifert. (Aylstock, Bryan)
March 13, 2014 Opinion or Order Filing 109 PRETRIAL ORDER # 33 (Final Order Regarding Severance of Actions) Having received no objections pursuant to PTO #28 entered 2/25/2014, directing that, except for the first named plaintiff (and any derivative plaintiffs claiming under her in the following case, if any), the remaining plaintiffs be dismissed without prejudice: 2:13-cv-21266. Signed by Judge Joseph R. Goodwin on 3/13/2014. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys)(REF: MDL 2440, 2:13-md-02440 and 2:13-cv-21266) (ras)
March 13, 2014 Opinion or Order Filing 108 PRETRIAL ORDER # 32 (Scheduling of Discovery Conferences) Scheduling weekly telephonic conference as follows: Friday, March 14, 2014 at 3:00 p.m.; Friday, March 21, 2014 at 3:00 p.m.; Friday, March 28, 2014 at 3:00 p.m.; Friday, April 4, 2014 at 3:00 p.m.; Friday, April 11, 2014 at 3:00 p.m.; Friday, April 18, 2014 at 3:00 p.m.; and Friday, April 25, 2014 at 3:00 p.m.; conferences will each last approximately one hour; at the end of April, the court and counsel will reassess the need for weekly conferences; to access the telephonic conferences, participating counsel shall dial 703 724-3100, code 4003105; directing parties to exchange agenda items by noon on the Wednesday preceding each conference. Signed by Magistrate Judge Cheryl A. Eifert on 3/13/2014. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
March 12, 2014 Opinion or Order Filing 107 PRETRIAL ORDER #31 (Briefing Schedule and Hearing on Plaintiffs' Motion to Compel Production of Hernia Documents and Plaintiffs' Motion to Compel Production of Documents) Setting a briefing schedule for Plaintiffs' #104 Motion to Compel Production of Hernia Documents from Defendant Cook and Plaintiffs' #105 Motion to Compel Production of Documents; directing Defendant to file its responses to said motions on/before 3/24/2014 and directing Plaintiffs to file their reply memoranda on/before 3/28/2014; setting a hearing 10:00 a.m. 4/4/2014 in Huntington. Signed by Magistrate Judge Cheryl A. Eifert on 3/12/2014. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (ras)
March 12, 2014 Filing 106 TELEPHONIC STATUS CONFERENCE held by Magistrate Judge Cheryl A. Eifert on 3/12/2014; Court Reporter: Lisa Cook. (skh)
March 11, 2014 Filing 105 MOTION by All Plaintiffs to Compel Production of Documents (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Crump, Martin)
March 11, 2014 MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: #105 MOTION by All Plaintiffs to Compel Production of Documents (skh)
March 10, 2014 Filing 104 MOTION by All Plaintiffs to Compel Production of Hernia Documents from Defendant Cook (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Crump, Martin)
March 10, 2014 MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: #104 MOTION by All Plaintiffs to Compel Production of Hernia Documents from Defendant Cook (skh)
March 7, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Brown et al v. Cook Incorporated et al, SDWV CA 2:14-cv-11800; Burnett et al v. Cook Incorporated et al, SDWV CA 2:14-cv-11828. (cbo)
March 6, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Jackson v. Cook Incorporated et al, SDWV CA 2:14-cv-11746. (cbo)
March 4, 2014 Filing 103 NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Angela Whitwer on 3/26/14 at 9:00 AM (Copeland, Erin)
March 4, 2014 Filing 102 NOTICE TO TAKE ORAL AND VIDEOTAPED DEPOSITION OF DEFENDANT THROUGH DESIGNATED WITNESSES by All Plaintiffs of Cook Biotech Incorporated, Cook Medical Incorporated, Cook Incorporated on 3/20/2014 at 9:00 AM (Copeland, Erin)
March 3, 2014 Filing 101 SECOND AMENDED NOTICE OF DEPOSITION by All Plaintiffs of Defendants Cook Biotech, Inc., Cook Medical, Inc. and Cook Incorporated through Designated Witnesses on 3/31/14 at 10:00 AM (Copeland, Erin)
March 3, 2014 Filing 100 NOTICE TO TAKE ORAL DEPOSITION by All Plaintiffs of Defendants Cook Biotech, Inc., Cook Medical, Inc. and Cook Incorporated through Designated Witnesses on 4/1/14 at 10:00 AM (Copeland, Erin)
February 28, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Motherwell et al v. Cook Incorporated et al, SDWV CA 2:14-cv-11371. (cbo)
February 28, 2014 Opinion or Order Filing 99 PRETRIAL ORDER # 30 (Order Ruling on Motions related to Discovery Pool) Granting the #88 Motion by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated to Strike the Morgan Case from Discovery Pool; replacing the Morgan case with Ralston, et al. v. Cook Inc., et al., 2:13-cv-21242; granting the #91 Unopposed Motion by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated to Substitute the Janysek Case for the Enlow Case in Discovery Pool in MDL 2440; and directing co-lead counsel for plaintiffs and the Cook defendants file updated lists of their Discovery Pool cases in MDL 2440 and in each member case on the updated list. Signed by Judge Joseph R. Goodwin on 2/28/2014. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES; Morgan v. Cook Inc., et al. 2:12-cv-07016; Ralston, et al. v. Cook Inc., et al. 2:13-cv-21242; Enlow, et al. v. Cook Inc., et al. 2:13-cv-19948; and Janysek, et al. v. Cook Inc., et al. 2:13-cv-20817) (ras)
February 27, 2014 Opinion or Order Filing 98 PRETRIAL ORDER # 29 (Order Appointing Lien Resolution Administrator) Upon the #85 Motion to Appoint Lien Resolution Administrator, the Garretson Resolution Group, Inc. ("GRG") is appointed as the Lien Resolution Administrator ("LRA")to establish a single, uniform consolidated lien resolution program (the "Consolidated Lien Resolution Program") to identify and resolve Medicare reimbursement claims related to all claimants who may receive settlements from any and all defendants arising from this litigation; Fred Thompson, III, and Bryan Aylstock are appointed as the representatives of the Plaintiffs' Executive Committee to participate with the LRA in any discussions with CMS, and shall report material developments to the Plaintiffs' Executive Committee as the representatives determine appropriate; the LRA shall have all rights, powers and duties identified in the #85 Motion filed with the Court and as additionally specified herein; the Show Cause hearing set by PTO # 26 is CANCELLED. Signed by Judge Joseph R. Goodwin on 2/27/2014. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
February 26, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Pickett et al v. Cook Incorporated et al, SDWV CA 2:14-cv-11220. (cbo)
February 26, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia; Cantrell et al v. Cook Incorporated et al, SDWV CA 2:14-cv-11137; Brown v. Cook Incorporated et al, SDWV CA 2:14-cv-11139; Durham v. Cook Incorporated et al, SDWV CA 2:14-cv-11141; Garvey v. Cook Incorporated et al, SDWV CA 2:14-cv-11144; Lynch et al v. Cook Incorporated et al, SDWV CA 2:14-cv-11150; Miller et al v. Cook Incorporated et al, SDWV CA 2:14-cv-11153; Herod et al v. Cook Incorporated et al, SDWV CA 2:14-cv-11154; Racca et al v. Cook Incorporated et al, SDWV CA 2:14-cv-11156; Strickland v. Cook Incorporated et al, SDWV CA 2:14-cv-11157; Rando et al v. Cook Incorporated et al, SDWV CA 2:14-cv-11159; Lunasco et al v. Cook Incorporated et al, SDWV CA 2:14-cv-11178. (cbo)
February 26, 2014 Opinion or Order Filing 97 ORDER (Humana Inc.'s Motion to Intervene) denying as moot #93 MOTION by Humana Insurance Company, Humana Medical Plans, Inc. to Intervene for the Limited Purpose of Objecting to Plaintiffs' Coordinating Lead Counsel and Plaintiffs' Executive Committee's Motion to Appoint Lien Resolution Administrator. Signed by Judge Joseph R. Goodwin on 2/26/2014. (cc: attys; any unrepresented party) (skh)
February 26, 2014 Filing 96 WITHDRAWAL by Humana Insurance Company, Humana Medical Plans, Inc. of #93 MOTION by Humana Insurance Company, Humana Medical Plans, Inc. to Intervene for the Limited Purpose of Objecting to Plaintiffs' Coordinating Lead Counsel and Plaintiffs' Executive Committee's Motion to Appoint Lien Resolution Administrator (Lawrence, Gerald)
February 25, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Colquitt et al v. Cook Incorporated et al, SDWV CA 2:14-cv-11123. (cbo)
February 25, 2014 Opinion or Order Filing 95 PRETRIAL ORDER # 28 (Initial Order Regarding Severance of Actions) The Court finds that multiple plaintiff complaints should be severed; the filing of individual severed complaints is directed as set forth more fully herein and on Exhibits A and B; except for the first named and derivative plaintiff(s) and any plaintiff(s) who object, the remaining plaintiffs in the case listed on Exhibit A will be dismissed without prejudice on/around 3/12/2014; objections to this PTO due on/by 3/7/2014. Signed by Judge Joseph R. Goodwin on 2/25/2014. (Attachments: #1 Exhibit A, #2 Exhibit B) (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: MDL 2440; 2:13-cv-21266-Grether, et al.) (ras)
February 25, 2014 Filing 94 TRANSCRIPT REQUEST by All Plaintiffs for proceedings held on 1/27/2014 before Magistrate Judge Judge Cheryl A. Eifert. (Crump, Martin)
February 25, 2014 Filing 93 MOTION by Humana Insurance Company, Humana Medical Plans, Inc. to Intervene for the Limited Purpose of Objecting to Plaintiffs' Coordinating Lead Counsel and Plaintiffs' Executive Committee's Motion to Appoint Lien Resolution Administrator (Lawrence, Gerald)
February 24, 2014 Opinion or Order Filing 92 PRETRIAL ORDER # 27 (Order Cancelling March 13, 2014, Status Conference)The Status Conference scheduled for Thursday, 3/13/2014, at 10:00 a.m. is cancelled. Signed by Judge Joseph R. Goodwin on 2/24/2014. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
February 21, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia; Crain v. Cook Incorporated et al, SDWV CA 2:14-cv-10849; Jackson et al v. Cook Incorporated et al, SDWV CA 2:14-cv-10871. (cbo)
February 21, 2014 Filing 91 UNOPPOSED MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated to Substitute Janysek Case for Enlow Case in Discovery Pool in MDL 2440 re: #83 Submission of Discovery Pool Cases (Attachment: #1 Proposed Order)(King, Douglas)
February 20, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Cadwalader et al v. Cook Incorporated et al, SDWV CA 2:14-cv-10798. (cbo)
February 20, 2014 Filing 90 RESPONSE by All Plaintiffs in support of #88 MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated to Strike Morgan Case from Discovery Pool. (Crump, Martin)
February 19, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Baghvardani v. Cook Incorporated et al, SDWV CA 2:14-cv-10684. (cbo)
February 19, 2014 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-15808, Durham v. Cook Group, Inc. et al; WVSD CA 2:13-cv-15817, Lynch et al v. Cook Group, Inc. et al; WVSD CA 2:13-cv-15819, Brown v. Cook Group, Incorporated et al; WVSD CA 2:13-cv-18998, Cadwalader et al v. Cook, Inc. et al; WVSD CA 2:13-cv-19126, Reding et al v. Cook Group, Inc. et al; WVSD CA 2:13-cv-20098, Dotson v. Cook, Inc. et al; WVSD CA 2:13-cv-21259, Cantrell et al v. Cook Group, Incorporated et al; WVSD CA 2:13-cv-21302, Crain v. Cook Inc. et al; WVSD CA 2:13-cv-23850, Akers et al v. Cook Group, Inc. et al, terminated pursuant to the Order entered in the member civil actions on 2/19/2014. Plaintiffs Cheryl Durham (WVSD CA 2:13-15808), Beverly Lynch (WVSD CA 2:13-15817), Willard Lynch (WVSD CA 2:13-15817), Diana L. Brown (WVSD CA 2:13-15819), Joanne Cadwalader (WVSD CA 2:13-18998), Willard Cadwalader (WVSD CA 2:13-18998), Jo Ann Reding (WVSD CA 2:13-19126), George Michael Reding (WVSD CA 2:13-19126), Anita Dotson (WVSD CA 2:13-20098), Christal Cantrell (WVSD CA 2:13-21259), Chris Cantrell (WVSD CA 2:13-21259), Theresa Crain (WVSD CA 2:13-21302), Cleta Akers (WVSD CA 2:13-23850), Analea Klampe (WVSD CA 2:13-23850), Tina Manon (WVSD CA 2:13-23850), Shari Tice (WVSD CA 2:13-23850), Esther Davis (WVSD CA 2:13-23850) and Shelia Melton (WVSD CA 2:13-23850) terminated herein. (skh)
February 18, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia; Christian et al v. Cook Incorporated et al, SDWV CA 2:14-cv-10567; Guzman v. Cook Incorporated et al, SDWV CA 2:14-cv-10568. (cbo)
February 18, 2014 Opinion or Order Filing 89 PRETRIAL ORDER #26 (SHOW CAUSE ORDER RE: MOTION TO APPOINT LIEN RESOLUTION ADMINISTRATOR) re: #85 MOTION by All Plaintiffs to Appoint Lien Resolution Administrator; It is ORDERED that counsel of record for any party in cases currently pending in MDL Nos. 2187, 2325, 2326, 2327, 2387, and 2440 shall file any written opposition to entry of the Order attached to the motion referenced above [Docket 85-2], by 2/24/2014, and shall thereafter be ordered to appear and show cause before this Court on 2/27/2014, at 10:00 a.m. why the Court should not enter the Order in MDL Nos. 2187, 2325, 2326, 2327, 2387, and 2440. Signed by Judge Joseph R. Goodwin on 2/18/2014. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (skh)
February 17, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia; Harrison et al v. Cook Medical, Inc., SDWV CA 2:14-cv-10464; Barnett v. Cook Medical, Inc., SDWV CA 2:14-cv-10465. (cbo)
February 17, 2014 Filing 88 MOTION by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated to Strike Morgan Case from Discovery Pool (Attachments: #1 Exhibit A: E-mail correspondence forwarding PPF of Patricia Morgan, January 31, 2014, #2 Proposed Order)(King, Douglas)
February 14, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Noe v. Cook Incorporated et al, SDWV CA 2:14-cv-10380. (cbo)
February 14, 2014 Filing 87 NOTICE OF NEW FIRM NAME AND CHANGE IN CONTACT INFORMATION for Attorneys Aimee H. Wagstaff and Vance R. Andrus on behalf of All Plaintiffs (Wagstaff, Aimee)
February 14, 2014 Filing 86 MEMORANDUM by All Plaintiffs in support of #85 MOTION by All Plaintiffs to Appoint Lien Resolution Administrator (Attachment: #1 Certificate of Service)(Thompson, Fred)
February 14, 2014 Filing 85 MOTION by All Plaintiffs to Appoint Lien Resolution Administrator (Attachments: #1 Certificate of Service, #2 Proposed Order)(Thompson, Fred)
February 12, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia; Mattus et al v. Cook Incorporated et al, SDWV CA 2:14-cv-09685; Adams v. Cook Incorporated et al, SDWV CA 2:14-cv-09823. (cbo)
February 11, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Stewart et al v. Cook Incorporated et al, SDWV CA 2:14-cv-09500. (cbo)
February 10, 2014 Filing 84 CASE SELECTION FOR THE PROLIFT DISCOVERY POOL by All Plaintiffs (Crump, Martin)
February 10, 2014 Filing 83 SUBMISSION OF DISCOVERY POOL CASES by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
February 5, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia; Baca v. Cook Incorporated et al, SDWV CA 2:14-cv-07723; Massira et al v. Cook Incorporated et al, SDWV CA 2:14-cv-07724. (cbo)
February 4, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Gwaltney v. Cook Incorporated et al, SDWV CA 2:14-cv-07592. (cbo)
January 31, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Hicks v. Cook Incorporated et al, SDWV CA 2:14-cv-06203. (cbo)
January 31, 2014 Filing 82 RESPONSE AND OBJECTIONS to Plaintiffs' #67 Notice of Deposition by All Plaintiffs of Defendants Cook Biotech, Inc., Cook Medical, Inc. and Cook Incorporated by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas) (Modified on 2/1/2014 to add link to #67 notice of deposition) (skh).
January 31, 2014 Filing 81 RESPONSE AND OBJECTIONS to Plaintiffs' #79 Notice to Take Oral Deposition of Defendant Through Designated Witnesses By Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated (King, Douglas)
January 31, 2014 Filing 80 TRANSCRIPT REQUEST by American Medical Systems, Inc. for proceedings held on January 27, 2014 before Magistrate Judge Cheryl A. Eifert. (Legg, Erik)
January 30, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Brinkley et al v. Cook Incorporated et al, SDWV CA 2:14-cv-06003. (cbo)
January 29, 2014 Filing 79 NOTICE TO TAKE ORAL DEPOSITION OF DEFENDANT THROUGH DESIGNATED WITNESSES by All Plaintiffs of Defendants Cook Biotech, Inc., Cook Medical, Inc. and Cook Incorporated on 2/4/2014 (Copeland, Erin)
January 28, 2014 Opinion or Order Filing 78 PRETRIAL ORDER #25 (Order Granting Second Omnibus Motion by Plaintiffs to Amend the Membership of the Plaintiffs' Steering Committee) Granting Plaintiffs' #75 Second Omnibus Motion to Amend the Membership of the Plaintiffs' Steering Committee; removing Jon Restaino of The Restaino Law Firm; adding Willard J. Moody, Jr. Esquire of The Moody Law Firm, Archibald Cleveland Lamb of The Lamb Firm and Russell Budd of Baron & Budd. Signed by Judge Joseph R. Goodwin on 1/28/2014. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
January 27, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Sullivan v. Cook Incorporated et al, SDWV CA 2:14-cv-04796; Lavoie v. Cook Incorporated et al, SDWV CA 2:14-cv-04798. (cbo)
January 27, 2014 Filing 77 TELEPHONIC CONFERENCE held by Magistrate Judge Cheryl A. Eifert on 1/27/2014. (skh)
January 25, 2014 NOTICE OF DOCKET CORRECTION re: #74 Proposed Pretrial Order. ERROR: Second Omnibus Motion by Plaintiffs to Amend the Membership of the Plaintiffs' Steering Committee and Exhibits A-J attached. CORRECTION: Motion and Exhibits removed as they have been filed at docket entry #75. (skh)
January 24, 2014 Opinion or Order Filing 76 PRETRIAL ORDER # 24 (Order Cancelling February 6, 2014, Status Conference) Directing that the Status Conference scheduled for Thursday, 2/6/2014 at 10:00 a.m. is CANCELLED. Signed by Judge Joseph R. Goodwin on 1/24/2014. (cc: attys; any unrepresented party)cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
January 24, 2014 Filing 75 SECOND OMNIBUS MOTION by All Plaintiffs to Amend the Membership of the Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Bell, Harry)
January 23, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Taylor v. Cook Incorporated et al, SDWV CA 2:14-cv-04164. (cbo)
January 22, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Johnston v. Cook Incorporated et al, SDWV CA 2:14-cv-03846; Gallagher v. Cook Incorporated et al, SDWV CA 2:14-cv-03849. (cbo)
January 22, 2014 Filing 74 PROPOSED PRETRIAL ORDER by All Plaintiffs (Bell, Harry) (Modified on 1/25/2014 to remove Motion and Exhibits A-J (Attachments 1-11) as they have been re-filed at entry #75) (skh).
January 21, 2014 NOTICE OF DOCKET CORRECTION re: Member Cases Terminated: The following MDL 2440 member civil actions were incorrectly terminated as of 1/17/2014 and have been reinstated: WVSD CA 2:13-cv-17235, Metzger et al v. Cook Biotech, Inc. et al; WVSD CA 2:13-cv-21290, Guzman v. Cook Group, Incorporated et al; and WVSD CA 2:13-cv-23150, Patel et al v. Cook Group Incorporated et al. Plaintiffs Marilyn Metzger (WVSD CA 2:13-17235), Edward Metzger (WVSD CA 2:13-17235), Irene Guzman (WVSD CA 2:13-21290), Audra Patel (WVSD CA 2:13-23150) and Shirish Patel (WVSD CA 2:13-23150) reinstated herein. (skh)
January 18, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Leverett et al v. Cook Incorporated et al, SDWV CA 2:14-cv-03020. (cbo)
January 17, 2014 DEFENDANT(S) Cook Group Incorporated, Cook Group, Inc., Cook Group, Incorporated, Cook Ireland, Ltd., Cook Urological Incorporated, Cook Urological, Inc., Vance Incorporated, Vance Products Inc., William A. Cook Australia Pty., Ltd., Cook (Canada), Inc. and Cook Group Inc. terminated pursuant to PTO #23 entered in MDL 2440, Cook Medical, Inc. on 01/17/2014. (klc)
January 17, 2014 Opinion or Order Filing 73 PRETRIAL ORDER #23 (Agreed Order re: Dismissal of Additional Cook Entities in All Cases) Upon request and with the agreement of the defendants' Cook Group Incorporated, Cook Ireland, Ltd., Cook (Canada), Inc., William A. Cook Australia, Pty., Ltd., and Vance Products Incorporated d/b/a Cook Urological Incorporated and each of their respective insurers, ("Additional Cook Entities"), Defendants Cook Incorporated, Cook Biotech Incorporated, and Cook Medical Incorporated ("Cook Defendants") and co-lead plaintiffs' counsel in MDL 2440, cases pending as of this date against the Additional Cook Entities in MDLs 2187, 2325, 2326, 2327, 2387, and 2440, whether filed directly or transferred, all claims pending against the Additional Cook Entities (as defined above and in attached Exhibit A) will be dismissed without prejudice; the Clerk is directed to terminate the Additional Cook Entities in each pending member case in which such entities are named; Additional Cook Entities shall not be named in the Master Complaint filed in MDL 2440; as to cases directly filed in the Southern District after the entry of this Order andthe entry of an order in MDL 2440 permitting direct filing, the Short Form and Amended Short Form Complaints will not name the Additional Cook Entities; as to cases transferred by the JPMDL after the entry of this Order, for any plaintiff(s) that name the Additional Cook Entities in MDLs 2187, 2325, 2326, 2327, 2387, and 2440, the Court will, upon notification by the Cook Defendants, enter a show cause order; additional directives of the Court are set forth more fully herein. Signed by Judge Joseph R. Goodwin on 1/17/2014. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras) Modified docket text to reflect the correct Pretrial Order number on 1/17/2014. (ras)
January 17, 2014 Filing 72 TRANSCRIPT REQUEST by American Medical Systems, Inc. for proceedings held on 1/3/14 before Magistrate Judge Cheryl A. Eifert. (Legg, Erik)
January 17, 2014 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-17104, Nerren v. Cook Incorporated et al; WVSD CA 2:13-cv-17235, Metzger et al v. Cook Biotech, Inc. et al; WVSD CA 2:13-cv-19826, Leverett et al v. Cook, Inc. et al; WVSD CA 2:13-cv-21260, Kindla v. Cook Group, Inc. et al; WVSD CA 2:13-cv-21290, Guzman v. Cook Group, Incorporated et al; CA 2:13-cv-21301, Johnston v. Cook Inc. et al; WVSD CA 2:13-cv-21303, Gallagher v. Cook Inc. et al; and WVSD CA 2:13-cv-23150, Patel et al v. Cook Group Incorporated et al terminated pursuant to the Orders entered in the member civil actions on 1/17/2014. Plaintiffs Janet A. Nerren (WVSD CA 2:13-17104), Marilyn Metzger (WVSD CA 2:13-17235), Edward Metzger (WVSD CA 2:13-17235), Geraldine J. Leverett (WVSD CA 2:13-19826), Wiley L. Leverett (WVSD CA 2:13-19826), Brenda Elaine Kindla (WVSD CA 2:13-21260), Irene Guzman (WVSD CA 2:13-21290), Carol Johnston (WVSD CA 2:13-21301), Mary Gallagher (WVSD CA 2:13-21303), Audra Patel (WVSD CA 2:13-23150) and Shirish Patel (WVSD CA 2:13-23150) terminated herein. (skh)
January 16, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Conrad et al v. Cook Incorporated et al, SDWV CA 2:14-cv-02676; Duncan et al v. Cook Incorporated et al, SDWV CA 2:14-cv-02678. (cbo)
January 14, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Rascoe v. Cook Incorporated et al, SDWV CA 2:14-cv-01729. (cbo)
January 14, 2014 MEMBER CASES TERMINATED: WVSD CA 2:13-cv-17315, Beasley et al v. Cook Biotech, Inc. et al; WVSD CA 2:13-cv-19376, Dockery et al v. Cook Group, Inc. et al; WVSD CA 2:13-cv-20738, Howard et al v. Cook Group, Inc. et al; WVSD CA 2:13-cv-21245, Christian et al v. Cook Group, Incorporated et al; WVSD CA 2:13-cv-21251, Davis et al v. Cook Group, Incorporated et al; WVSD CA 2:13-cv-22388, Duncan et al v. Cook Group, Inc. et al; and WVSD CA 2:13-cv-22625, Conrad et al v. Cook Group, Inc. et al, terminated pursuant to the Orders entered in the member civil actions on 1/14/2014. Plaintiffs Shirley Beasley (WVSD CA 2:13-17315), Edward Beasley (WVSD CA 2:13-17315), Pam Dockery (WVSD CA 2:13-19376), Bryan Dockery (WVSD CA 2:13-19376), Donna Howard (WVSD CA 2:13-20738), Josh Howard (WVSD CA 2:13-20738), Kathy Christian (WVSD CA 2:13-21245), J. C. Christian, Jr. (WVSD CA 2:13-21245), Susan Davis (WVSD CA 2:13-21251), Troy Davis (WVSD CA 2:13-21251), Cynthia Duncan (WVSD CA 2:13-22388), Michial David Duncan (WVSD CA 2:13-22388), Vicky L. Conrad (WVSD CA 2:13-22625) and David L. Conrad (WVSD CA 2:13-22625) terminated herein. (skh)
January 13, 2014 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Green v. Cook Incorporated et al, SDWV CA 2:14-cv-01414; Davis v. Cook Incorporated et al, SDWV CA 2:14-cv-01428. (cbo)
January 13, 2014 Filing 71 TRANSCRIPT OF PROCEEDINGS of Telephonic Status Conference held on January 3, 2014, before Magistrate Judge Cheryl A. Eifert. Court Reporter Lisa Cook, Telephone number 304-254-8053. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 1/24/2014. Redaction Request due 2/3/2014. Redacted Transcript Deadline set for 2/13/2014. Release of Transcript Restriction set for 4/14/2014. (lac)
January 8, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Cingolani et al v. Cook Incorporated et al, SDWV CA 2:14-cv-00731. (cbo)
January 8, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Rainwater et al v. Cook Incorporated et al, SDWV CA 2:14-cv-00692. (cbo)
January 7, 2014 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Carl v. Cook Incorporated et al, SDWV CA 2:14-cv-00594. (cbo)
January 6, 2014 Filing 70 FIRST AMENDED NOTICE OF DEPOSITION by All Plaintiffs of Cook Biotech, Inc., Cook Medical, Inc. and Cook Incorporated on 2/4/14 at 10:00 a.m. (Copeland, Erin)
January 6, 2014 Filing 69 TELEPHONIC STATUS CONFERENCE held by Magistrate Judge Cheryl A. Eifert on 1/3/2014; Court Reporter: Lisa Cook. (skh)
January 2, 2014 Opinion or Order Filing 68 PRETRIAL ORDER #22 (Order Cancelling January 9, 2014, Status Conference) The Status Conference scheduled for 10:00 a.m. 1/9/2014 is cancelled. Signed by Judge Joseph R. Goodwin on 1/2/2014. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
December 31, 2013 Filing 67 NOTICE OF DEPOSITION by All Plaintiffs of Defendants Cook Biotech, Inc., Cook Medical, Inc. and Cook Incorporated on January 30, 2014 at 10:00 a.m. (Copeland, Erin)
December 30, 2013 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Johnson v. Cook Incorporated et al, SDWV CA 2:13-cv-33733. (cbo)
December 27, 2013 Filing 66 ANSWER TO #65 FIRST AMENDED MASTER LONG FORM COMPLAINT AND JURY DEMAND by Cook Biotech Incorporated, Cook Incorporated, Cook Medical Incorporated.(King, Douglas) (Modified on 12/27/2013 to add link to #65 first amended complaint) (skh).
December 23, 2013 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Cox v. Cook Incorporated et al, SDWV CA 2:13-cv-33179. (cbo)
December 23, 2013 Filing 65 FIRST AMENDED MASTER LONG FORM COMPLAINT AND JURY DEMAND by All Plaintiffs re: #48 Master Long Form Complaint and Jury Demand (Davis, Mark)
December 20, 2013 Filing 64 PRETRIAL ORDER #21 (Order Granting Motion to Amend) Granting plaintiffs' #61 Motion to Amend Master Long Form Complaint and Jury Demand; plaintiffs are instructed to file their First Amended Master Long Form Complaint and Jury Demand. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES)
December 20, 2013 Opinion or Order Filing 63 PRETRIAL ORDER #20 (SHOW CAUSE ORDER REGARDING DISMISSAL OF ADDITIONAL COOK ENTITIES) Granting the #60 Amended Joint Motion for Order to Show Cause; directing that counsel of record for any plaintiff and any pro se plaintiff in any case currently pending in MDLs 2187, 2325, 2326, 2327, 2387, and 2440 file written opposition to entry of the Order set forth in Exhibit A by 1/6/2014, and be ordered to appear and show cause before this Court at 10:00 a.m. on 1/9/2014 why the Court should not enter the Order set forth in Exhibit A in MDLs 2187, 2325, 2326, 2327, 2387, and 2440; denying the #39 Joint Motion for Show Cause as moot. Signed by Judge Joseph R. Goodwin on 12/20/2013. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
December 19, 2013 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Niccum v. Cook Incorporated et al, SDWV CA 2:13-cv-32701. (cbo)
December 19, 2013 Opinion or Order Filing 62 PRETRIAL ORDER #19 (Docket Control Order) Directing that Group 1 will consist of cases filed on or before 1/13/2014; each plaintiff filed in this MDLmust serve substantively complete Plaintiff Profile Forms (PPFs) for cases to be considered for Discovery Pool by 1/20/2014; parties shall file a list of atotal of 30 cases, 15 for each side, to be included in the Discovery Pool by 2/10/2014; Case-Specific Discovery for Discovery Pool Cases commences on 2/17/2014; Plaintiff in the Discovery Pool must serve a substantially completed Plaintiff Fact Sheet (PFS) by 2/17/2014; Defendants shall serve asubstantially completed Defendant Fact Sheet (DFS) for each case in theDiscovery Pool (30 cases) by 2/17/2014; parties will make presentations to the Court on 6/16/2014 on all Discovery Pool cases, and the Court shall select a total of 3 cases to be Bellwether trial cases, and the Court will select the final 3 Bellwether trial cases and inform the parties as to the order in which the cases will be tried by 6/19/2014; parties will have 3 Cook cases ready for trial with the first trial beginning 8:30 a.m. 8/11/2014; subsequent trials will begin 9/8/2014 and 11/3/2014; if the first Bellwether trial has settled or is otherwise resolved, the court will proceed to trial on the next Bellwether on 8/11/2014; setting forth further procedures as more fully described herein. Signed by Judge Joseph R. Goodwin on 12/19/2013. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
December 19, 2013 Filing 61 MOTION by All Plaintiffs to Amend #48 Master Long Form Complaint and Jury Demand (Attachment: #1 Amended Master Long Form Complaint and Jury Demand)(Crump, Martin)
December 18, 2013 Filing 60 AMENDED JOINT MOTION by All Plaintiffs, Cook Incorporated, Cook Biotech, Inc., Cook Medical, Inc. for Show Cause Applicable to All Cases Why the Court Should Not Enter a Stipulated Order Dismissing Certain Cook Defendants from all Cases Without Prejudice (Attachment: #1 Proposed Order)(Copeland, Erin) (Modified on 12/18/2013 to add party filers) (skh).
December 13, 2013 Opinion or Order Filing 59 PRETRIAL ORDER #18 (Stipulation for the Production of Documents and Electronically Stored Information Protocols) Directing that the Stipulation attached as Exhibit A applies to all actions that are or become a part of MDL 2440, until further order of the court. Signed by Judge Joseph R. Goodwin on 12/13/2013. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
December 13, 2013 Opinion or Order Filing 58 ORDER granting Motion by Beverly Baker, Tim Baker TO TRANSFER member case 2:13-cv-21097 from MDL 2327 Ethicon to MDL 2440 Cook. Directing the Clerk to disassociate this civil action as a member case in MDL 2327 and re-associate it with MDL 2440. Signed by Judge Joseph R. Goodwin on 12/13/2013. (cc: attys; any unrepresented party) (skh)
December 13, 2013 MEMBER CASE TRANSFERRED FROM MDL 2327 TO MDL 2440 pursuant to the Order entered in the member civil action on 12/13/2013: SDWV CA 2:13-cv-20197, Baker et al v. Cook Incorporated et al. (skh)
December 11, 2013 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Hardison et al v. Cook Incorporated et al, SDWV CA 2:13-cv-31943. (cbo)
December 10, 2013 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Cooley v. Cook Incorporated et al, SDWV CA 2:13-cv-31735; Stewart et al v. Cook Incorporated et al, SDWV CA 2:13-cv-31736; Tidwell v. Cook Incorporated et al, SDWV CA 2:13-cv-31744. (cbo)
December 6, 2013 Opinion or Order Filing 57 PRETRIAL ORDER #17 (Order Amending PTO #4 - Counsel Structure) Adding plaintiffs' co-liaison counsel Harry F. Bell, Jr. of The Bell Law Firm, Paul T. Farrell, Jr. of Greene, Ketchum, Bailey, Walker, Farrell & Tweel, and Carl N. Frankovitch of Frankovitch, Anetakis, Colantonio & Simon to the Plaintiffs' Executive Committee. Signed by Judge Joseph R. Goodwin on 12/6/2013. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
December 6, 2013 Filing 56 TRANSCRIPT OF PROCEEDINGS of Status Conference held on December 5, 2013, before Judge Joseph R. Goodwin and Magistrate Judge Cheryl A. Eifert. Court Reporter Lisa Cook, Telephone number 304-254-8053. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 12/16/2013. Redaction Request due 12/27/2013. Redacted Transcript Deadline set for 1/6/2014. Release of Transcript Restriction set for 3/6/2014. (lac) (Modified docket text on 12/6/2013 to add Magistrate Judge Eifert.) (klc)
December 5, 2013 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Thompson v. Cook Incorporated et al, SDWV CA 2:13-cv-31208. (cbo)
December 5, 2013 Opinion or Order Filing 55 ORDER (Order Re: Docket Control Order) It is ORDERED that the parties submit to the court in Word via email on or before December 16, 2013, a proposed Docket Control Order for three trials beginning on July 7, 2014, July 28, 2014, and August 11, 2014, respectively. Signed by Judge Joseph R. Goodwin on 12/5/2013. (cc: attys; any unrepresented party) (skh)
December 5, 2013 MEMBER CASE TERMINATED: WVSD CA 2:13-cv-20821, Stevens-Jones et al v. Cook Group Incorporated et al, terminated pursuant to the Order entered in the member civil action on 12/5/2013. Plaintiffs Beverly Stevens-Jones (WVSD CA 2:13-20821) and Steven Jones (WVSD CA 2:13-20821) terminated herein. (skh)
December 4, 2013 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, McLucas et al v. Cook Incorporated et al, SDWV CA 2:13-cv-30953. (cbo)
December 3, 2013 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia; Loague et al v. Cook Incorporated et al, SDWV CA 2:13-cv-30754; Humphrey et al v. Cook Incorporated et al, SDWV CA 2:13-cv-30904. (cbo)
December 3, 2013 Opinion or Order Filing 54 ORDER granting Motion by Patricia A. Morgan TO TRANSFER member case 2:12-cv-07016 from MDL 2327 Ethicon to MDL 2440 Cook Medical. Directing the Clerk to disassociate this civil action as a member case in MDL 2327 and re-associate it with MDL 2440. Signed by Judge Joseph R. Goodwin on 12/3/2013. (cc: attys; any unrepresented party) (skh)
December 3, 2013 MEMBER CASE TRANSFERRED FROM MDL 2327 TO MDL 2440 pursuant to the Order entered 12/3/2013: SDWV CA 2:12-cv-07016, Morgan v. Cook Incorporated et al. (skh)
December 2, 2013 Opinion or Order Filing 53 PRETRIAL ORDER #16 (Order Cancelling December 5, 2013, Status Conference) the Status Conference scheduled for Thursday, 12/5/2013, at 12:00 p.m. is cancelled. Signed by Judge Joseph R. Goodwin on 12/2/2013. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
December 2, 2013 MEMBER CASE TRANSFERRED FROM MDL 2327 TO MDL 2440 pursuant to the Order entered 12/2/2013: SDWV CA 2:13-cv-19263, Fox v. Cook Incorporated et al. (skh)
November 27, 2013 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Burleson v. Cook Incorporated et al, SDWV CA 2:13-cv-30376. (cbo)
November 26, 2013 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Odom v. Cook Incorporated et al, SDWV CA 2:13-cv-30345. (cbo)
November 25, 2013 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Engel v. Cook Incorporated et al, SDWV CA 2:13-cv-30022. (cbo)
November 25, 2013 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia; Henson v. Cook Incorporated et al, SDWV CA 2:13-cv-30126; Baskett v. Cook Incorporated et al, SDWV CA 2:13-30140. (cbo)
November 22, 2013 Opinion or Order Filing 52 PRETRIAL ORDER # 15 (Waiver of Service for Cook Incorporated, Cook Medical Incorporated, and Cook Biotech Incorporated) With the substantial agreement of the parties and subject to the conditions set forth herein, Defendants Cook Incorporated, Cook Medical Incorporated, and Cook Biotech Incorporated will waive service of process in cases directly filed in or transferred by the JPMDL to MDLs 2440, 2187, 2325, 2326, 2327 and 2387, in which they are named and one or more products either manufactured or distributed by them as specified in the Master Complaint in MDL 2440 is alleged to be at issue; for such cases, plaintiffs shall send the Short Form Complaint or Amended Short Form Complaint, a request for waiver of service pursuant to the provisions of FRCvP 4, and, if in their possession, a sticker page or other medical record identifying the product(s) at issue to counsel for the Cook Defendants by email to CookMDL@woodmclaw.com or by certified mail to: Douglas B. King, Jennifer L. Schuster, Gayle M. Williams, Wooden & McLaughlin LLP, 211 N. Pennsylvania St., Suite 1800, Indianapolis, IN 46204; service will be effective only if accomplished as set forth herein, or if accomplished pursuant to the FRCvP; counsel for the Cook Defendants shall return the signed waiver requests to the Plaintiffs within the time permitted by FRCvP 4, and shall acknowledge receipt of the Short Form Complaint or Amended Short Form Complaint by filing a Notice of Appearance within 30 days of receipt; by accepting service as described herein, the Cook Defendants do not waive any claims, affirmative defenses or other defenses of any nature except for those relating to service of process; if service is otherwise perfected under the FRCvP, the Cook Defendants do not waive any claims, defenses or other defenses of any nature, including those related to service of process; Plaintiffs submitting a request for waiver shall not seek to hold the Cook Defendants in default for failure to timely answer a complaint in which service has been accomplished pursuant to the terms of this Order without first giving the Cook Defendants written notice of the alleged default and ten business days in which to cure any alleged default. Signed by Judge Joseph R. Goodwin on 11/22/2013. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
November 22, 2013 MEMBER CASE TERMINATED: WVSD CA 2:13-cv-20137, Janysek et al v. Cook, Inc. et al, terminated pursuant to the order entered in the member civil action on 11/22/2013. Plaintiffs Chara Leian Janysek (WVSD CA 2:13-20137) and Jerrett Lyn Janysek (WVSD CA 2:13-20137) terminated herein. (skh)
November 20, 2013 Opinion or Order Filing 51 PRETRIAL ORDER #14 (Corrected Short Form Complaint and Amended Short Form Complaint) Directing the Clerk to filed attached CORRECTED Short Form (Exhibit A) and Amended Short Form (Exhibit B) Complaints; the same are posted to the court's website at www.wvsd.uscourts.gov; the parties are directed to utilize the corrected and posted Short Form and Amended Short Form Complaints. Signed by Judge Joseph R. Goodwin on 11/22/2013. (Attachments: #1 Exhibit A-Short Form Complaint, #2Exhibit B-Amended Short Form Complaint) (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
November 14, 2013 Filing 50 AMENDED SHORT FORM COMPLAINT. (ras)
November 14, 2013 Filing 49 SHORT FORM COMPLAINT. (ras)
November 14, 2013 Filing 48 MASTER LONG FORM COMPLAINT AND JURY DEMAND. (ras)
November 14, 2013 Opinion or Order Filing 47 PRETRIAL ORDER #13 (Direct Filing Order; Master Complaint, Short Form Complaint, Amended Short Form Complaint and Master Responsive Pleadings Due Date) The Clerk is directed to file the attached Master Long Form Complaint and Jury Demand against Cook Incorporated, Cook Medical Incorporated, and Cook Biotech Incorporated (Exhibit A), the Short Form Complaint for new cases against the Cook Defendants and others (Exhibit B), and the Amended Short Form Complaint for existing cases (Exhibit C); referring the parties to the Amended Filing Instructions for Short Form Complaints and Amended Short Form Complaints (Exhibit D); all factual allegations pled in the Master Complaint and all responses pled in the Cook Defendants Master Answers are deemed pled in any previously filed complaint and responsive pleading now pending in this MDL proceeding, and in any Short Form or Amended Short Form Complaint and Entry of Appearance hereafter filed, provided the Master Complaint is applicable only as against Cook Medical Incorporated, Cook Incorporated, and Cook Biotech Incorporated; providing extensive and detailed instructions regarding Directly Filed Cases, Cases Transferred by the Judicial Panel on Multidistrict Litigation, and All Cases, including any change in parties in an Amended Short Form Complaint that may suggest a case should be a member of a different MDL where a Motion to Transfer MDL (Exhibit E) should accompany the Amended Short Form Complaint. (Attachments: #1 Exhibit A-Master Long Form Complaint and Jury Demand, #2 Exhibit B-Short Form Complaint, #3 Exhibit C-Amended Short Form Complaint, #4 Exhibit D- Amended Filing Instructions for Short Form Complaints and Amended Short Form Complaints, #5 Exhibit E- Motion to Transfer MDL) Signed by Judge Joseph R. Goodwin on 11/14/2013.(cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
November 11, 2013 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Butler et al v. Cook Biotech, Inc. et al, SDWV CA 2:13-cv-28635. (cbo)
November 7, 2013 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Leben et al v. Cook Group Incorporated et al, SDWV CA 2:13-cv-28243. (cbo)
October 31, 2013 Filing 46 TRANSMITTED PRETRIAL ORDER # 12 (AGREED ORDER ESTABLISHING MDL 2440 FUND TO COMPENSATE AND REIMBURSE ATTORNEYS FOR SERVICES PERFORMED AND EXPENSES INCURRED FOR MDL ADMINISTRATION AND COMMON BENEFIT) entered on 10/28/2013 in MDL 2440 to attorneys in member case. (cbo)
October 30, 2013 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Baker v. Cook Group, Inc. et al, SDWV CA 2:13-cv-27291. (cbo)
October 28, 2013 Filing 45 NOTICE of Agreement to be Bound by Protective Order by Scott Levensten (Levensten, Scott)
October 28, 2013 Opinion or Order Filing 44 PRETRIAL ORDER #12 _____ (Agreed Order Establishing MDL 2440 Fund to Compensate and Reimburse Attorneys for Services Performed and Expenses Incurred for MDL Administration and Common Benefit) Providing for the fair and equitable sharing among plaintiffs of the cost of special services performed and expenses incurred by "participating counsel" acting for MDL administration and common benefit of all plaintiffs in this complex litigation; specifically incorporating by reference and making binding upon the parties the procedures and guidelines referenced in #43 PTO #11 (Agreed Order Regarding Management of Timekeeping, Cost Reimbursement and Related Common Benefit Issues); incorporated herein is Exhibit A, a voluntary MDL 2440 Attorney Participation Agreement. Signed by Judge Joseph R. Goodwin on 10/28/2013. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
October 28, 2013 Opinion or Order Filing 43 PRETRIAL ORDER #11 (Agreed Order Regarding Management of Timekeeping, Cost Reimbursement and Related Common Benefit Issues) Setting forth preliminary procedures and guidelines (with the court expressing no opinion regarding whether payment of common benefit fees or expenses will ever become appropriate); providing non-exhaustive guidance for attorneys to apply for common benefit fees or expenses and giving notice of the standards the parties have agreed that will be employed in assessing those applications, if they become necessary. Signed by Judge Joseph R. Goodwin on 10/28/2013. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
October 23, 2013 Opinion or Order Filing 42 PRETRIAL ORDER #10 (Stipulated Protective Order) Setting forth terms for handling confidential documents. Signed by Judge Joseph R. Goodwin on 10/23/2013. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
October 23, 2013 Opinion or Order Filing 41 PRETRIAL ORDER #9 (AMENDED Order Scheduling Future Status Conferences & Other Matters) The Status Conference scheduled 11/7/2013 is CANCELLED; remaining joint status conferences in all MDLs (2187, 2325, 2326, 2327, 2387 and 2440) as previously scheduled by the PTO entered 7/16/2013 will take place as follows: 12/5/2013 12:00 p.m. (please note time); 1/9/2014 10:00 a.m.; 2/6/2014 10:00 a.m.; 3/13/2014 10:00 a.m.; 5/1/2014 10:00 a.m.; 6/12/2014 10:00 a.m.; 7/24/2014 10:00 a.m.; and 9/4/2014 10:00 a.m.; co-coordinating co-lead counsel, plaintiff's executive committee, co-lead plaintiffs'counsel, co-lead defendants' counsel and defendants' co-liaison counsel are reminded that their presence at these status conferences is essential and absences for any reason are highly discouraged; no phone participation in the status conferences; any attorney is welcome to attend the conferences in person; parties may request a transcript of the status conferences from the court reporter using contact information available on the courts website at www.wvsd.uscourts.gov at each MDL home page under "Court Reporter Contacts;" requesting lead counsel to submit to the court via email a proposed joint agenda for each status conference by noon on the Monday preceding the status conference. Signed by Judge Joseph R. Goodwin on 10/23/2013. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
October 23, 2013 Filing 40 CONDITIONAL TRANSFER ORDER (CTO #11) from the Judicial Panel on Multidistrict Litigation: pursuant to 28 USC 1407, the following civil actions are transferred to the Southern District of West Virginia and assigned to Judge Joseph R. Goodwin: MIW 1:13-01110, Clementz et al v. Cook Group, Inc. et al; TXS 4:13-02895, Kinsey et al vs Cook Biotech et al. (signed by Jeffery N. Luthi, Clerk of Panel) (cc: Judge Goodwin; Magistrate Judge Eifert; Judicial Panel on MDL; attys) (skh)
October 23, 2013 MEMBER CASES OPENED: Transferred into the Southern District of West Virginia: Texas Southern, 4:13-cv-02895, Kinsey et al v. Cook Biotech, Inc. et al, as SDWV CA 2:13-26420 pursuant to the #40 Cook Medical MDL Conditional Transfer Order (CTO #11) and Michigan Western, 1:13-cv-01110, Clementz et al v. Cook Group, Inc. et al, as SDWV CA 2:13-26453 pursuant to the #40 Cook Medical MDL Conditional Transfer Order (CTO #11). (cbo)
October 21, 2013 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, McIntyre et al v. Cook Group, Inc. et al, SDWV CA 2:13-cv-26268. (cbo)
October 18, 2013 Filing 39 JOINT MOTION by All Plaintiffs, Cook Incorporated, Cook Biotech Incorporated, Cook Medical Incorporated for Show Cause Applicable to All Cases Why the Court Should Not Enter a Stipulated Order Dismissing Certain Cook Defendants from All Cases Without Prejudice (Attachment: #1 Proposed Order)(Copeland, Erin) (Modified on 10/19/2013 to add party filers) (skh).
October 8, 2013 Opinion or Order Filing 38 PRETRIAL ORDER #8 (Plaintiff Profile Forms, Plaintiff Fact Sheet, and Defendant Fact Sheet) This order governs all cases transferred by the JPMDL, including those cases identified in the original Transfer Order and those subsequently transferred as tag-along actions, and all cases directly filed in or removed to this MDL; setting forth detailed procedures for use of the Plaintiff Profile Form, Plaintiff Fact Sheet, and Defendant Fact Sheet. Signed by Judge Joseph R. Goodwin on 10/8/2013. (Attachments: #1 Exhibit 1 - Plaintiff Profile Form, #2 Exhibit A to Exhibit 1, #3 Exhibit 2 - Plaintiff Fact Sheet, #4 Exhibit 3 - Defendant Fact Sheet) (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
October 1, 2013 Filing 36 CONDITIONAL TRANSFER ORDER (CTO #10) from the Judicial Panel on Multidistrict Litigation: pursuant to 28 USC 1407, the following civil action is transferred to the Southern District of West Virginia and assigned to Judge Joseph R. Goodwin: GAN 2:13-00212, Tallant et al v. Cook Group, Inc. et al. (signed by Jeffery N. Luthi, Clerk of Panel) (cc: Judge Goodwin; Magistrate Judge Eifert; Judicial Panel on MDL; attys) (skh)
October 1, 2013 MEMBER CASE OPENED: Georgia Northern, 2:13-cv-00212, Tallant et al v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-24110 pursuant to the #36 Cook Medical MDL Conditional Transfer Order (CTO #10). (cbo)
September 30, 2013 Filing 35 TRANSCRIPT OF PROCEEDINGS of Status Conference held on September 19, 2013, before Magistrate Judge Cheryl A. Eifert. Court Reporter Lisa Cook, Telephone number 304-254-8053. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 10/10/2013. Redaction Request due 10/21/2013. Redacted Transcript Deadline set for 10/31/2013. Release of Transcript Restriction set for 12/30/2013. (lac)
September 27, 2013 MEMBER CASE OPENED: Texas Southern, 4:13-cv-02502, Akers et al v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-23850 pursuant to the #34 Cook Medical MDL (ORDER LIFTING STAY OF CONDITIONAL TRANSFER ORDER - CTO #9). (cbo)
September 27, 2013 Opinion or Order Filing 34 ORDER LIFTING STAY OF CONDITIONAL TRANSFER ORDER from the Judicial Panel on Multidistrict Litigation: the stay of the Panel's conditional transfer order designated as "CTO-9" filed on 9/5/2013, is LIFTED. The action Akers, et al. v. Cook Group, Inc., et al., S.D. Texas, C.A. No. 4:13-02502 is transferred to the Southern District of West Virginia for inclusion in the coordinated or consolidated pretrial proceedings under 28 U.S.C. 1407 being conducted by the Honorable Joseph R. Goodwin. (signed by Jeffery N. Luthi, Clerk of Panel) (cc: Judge Goodwin; Magistrate Judge Eifert; Judicial Panel on MDL; attys) (skh)
September 26, 2013 Filing 33 TRANSCRIPT OF PROCEEDINGS of Status Conference held on September 19, 2013, before Judge Joseph R. Goodwin and Magistrate Judge Cheryl Eifert. Court Reporter Lisa Cook, Telephone number 304-254-8053. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 10/7/2013. Redaction Request due 10/17/2013. Redacted Transcript Deadline set for 10/28/2013. Release of Transcript Restriction set for 12/26/2013. (lac) (Modified on 9/27/2013 to add "Magistrate Judge Cheryl Eifert" to docket text.) (klc)
September 20, 2013 Opinion or Order Filing 32 PRETRIAL ORDER #7 (Order Granting Omnibus Motion by Plaintiffs to Amend the Membership of the Plaintiffs' Steering Committee) Removing the following from the Plaintiffs' Steering Committee: David Allen, A. J. De Bartolomeo, Jerry Parker, J. R. Rogers, Hunter Shkolnik, Laura V. Yeager and Stacy Hauer; admitting the following as members of the Plaintiffs' Steering Committee: Karen Beyea-Schroeder, Erik Walker, John Foley, and Lisa Gorshe; any and all portions of prior PTOs as set forth in the style of this order with regard to separate MDLs which are not specifically modified by this Order shall remain in full force and effect. Signed by Judge Joseph R. Goodwin on 9/20/2013. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: PTO 4) (ras)
September 19, 2013 Filing 37 STATUS CONFERENCE held by Magistrate Judge Cheryl A. Eifert on 9/19/2013; Court Reporter: Lisa Cook. (skh)
September 19, 2013 Filing 31 STATUS CONFERENCE held by Judge Joseph R. Goodwin and Magistrate Judge Eifert on 9/19/2013; Court Reporter: Lisa Cook. (rac) (Attachment added on 9/30/2013: #1 Summary of Status Conference) (ras)
September 19, 2013 Filing 30 STATUS CONFERENCE held by Judge Joseph R. Goodwin and Magistrate Judge Eifert on 9/19/2013; Court Reporter: Lisa Cook. (rac)
September 17, 2013 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Patel et al v. Cook Group Incorporated et al, SDWV CA 2:13-cv-23150. (cbo)
September 17, 2013 Filing 29 OMNIBUS MOTION by All Plaintiffs to Amend the Membership of the Plaintiffs' Steering Commmittee re: #13 Pretrial Order #4 (Attachments: #1 Exhibits A-K, #2 Proposed Order)(Bell, Harry)
September 16, 2013 Opinion or Order Filing 28 ORDER granting #27 MOTION by Cook (Canada), Inc., Cook Biotech Incorporated, Cook Group Incorporated, Cook Incorporated, Cook Ireland, Ltd., Cook Medical Incorporated, Vance Products Inc., William A. Cook Australia Pty., Ltd. to Modify Counsel Structure in MDL 2440. Jennifer L. Schuster is no longer co-lead counsel for the Cook Defendants in MDL 2440. Douglas B. King of Wooden & McLaughlin will remain as lead counsel for the Cook Defendants in MDL 2440. Signed by Judge Joseph R. Goodwin on 9/16/2013. (cc: attys; any unrepresented party) (skh)
September 13, 2013 Filing 27 MOTION by Cook (Canada), Inc., Cook Biotech Incorporated, Cook Group Incorporated, Cook Incorporated, Cook Ireland, Ltd., Cook Medical Incorporated, Vance Products Inc., William A. Cook Australia Pty., Ltd. to Modify Counsel Structure re: #13 Pretrial Order #4 (Attachment: #1 Proposed Order)(Schuster, Jennifer)
September 12, 2013 Filing 26 OBJECTIONS AND RESPONSES to Plaintiffs' #24 Notice of Deposition Pursuant to Rule 30(b)(6) and Document Requests Pursuant to Rule 34 by Cook Biotech Incorporated, Cook Group Incorporated, Cook Incorporated, Cook Medical Incorporated (Schuster, Jennifer)
September 11, 2013 Filing 25 NOTICE OF CERTIFICATION FOR USE OF COURTROOM TECHNOLOGY on 9/19/2013 at 1:00 p.m. in the Honorable Judge Joseph Goodwin's Courtroom, Southern District of West Virginia, Charleston (Anderson, Benjamin)
September 10, 2013 Filing 24 NOTICE OF DEPOSITION PURSUANT TO RULE 30(b)(6) AND DOCUMENT REQUESTS PURSUANT TO RULE 34 by All Plaintiffs of Cook Group Inc., Cook, Inc., Cook Biotech Incorporated and Cook Medical, Inc. Corporate Organizational Structure on 9/17/13 at 9:00 A.M. (Copeland, Erin)
September 10, 2013 Filing 23 NOTICE OF CERTIFICATION FOR USE OF COURTROOM TECHNOLOGY on 9/19/2013 at 1 p.m., Room 7800, Robert C. Byrd United States Courthouse, Charleston, WV (King, Douglas)
September 9, 2013 MEMBER CASE OPENED: Texas Southern, 4:13-cv-02398, Wilburn v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-22720 pursuant to the #22 Cook Medical MDL Conditional Transfer Order (CTO #8). (cbo)
September 9, 2013 Filing 22 CONDITIONAL TRANSFER ORDER (CTO #8) from the Judicial Panel on Multidistrict Litigation: pursuant to 28 USC 1407, the following civil action is transferred to the Southern District of West Virginia and assigned to Judge Joseph R. Goodwin: TXS 4:13-02398, Wilburn v. Cook Group, Inc. et al. (signed by Jeffery N. Luthi, Clerk of Panel) (cc: Judge Goodwin; Magistrate Judge Eifert; Judicial Panel on MDL; attys) (skh)
September 6, 2013 MEMBER CASE OPENED: Texas Southern, 4:13-cv-02397, Conrad et al v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-22625 pursuant to the #21 Cook Medical MDL Conditional Transfer Order (CTO #7). (cbo)
September 5, 2013 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Baghvardani v. Cook Group, Inc. et al, SDWV CA 2:13-cv-22561. (cbo)
September 5, 2013 Filing 21 CONDITIONAL TRANSFER ORDER (CTO #7) from the Judicial Panel on Multidistrict Litigation: pursuant to 28 USC 1407, the following civil action is transferred to the Southern District of West Virginia and assigned to Judge Joseph R. Goodwin: TXS 4:13-cv-02397 Conrad, et al. v. Cook Group, Inc., et al.(signed by Jeffery N. Luthi, Clerk of Panel) (cc: Judge Goodwin; Magistrate Judge Eifert; Judicial Panel on MDL; attys) (ras)
September 4, 2013 Filing 20 LETTER from Michael J. Farrell to Teresa L. Deppner, Clerk, dated 09/04/2013, concerning his absence from the 09/19/2013 Status Conference and his Law Partner, Erik W. Legg, appearing as Liaison Counsel in his stead. (ras)
September 2, 2013 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Howell v. Cook Group, Inc. et al, SDWV CA 2:13-cv-22443. (cbo)
August 29, 2013 MEMBER CASE OPENED: Texas Southern, 4:13-cv-02386, Duncan et al v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-22388 pursuant to the #19 Cook Medical MDL Conditional Transfer Order (CTO #6). (cbo)
August 29, 2013 Filing 19 CONDITIONAL TRANSFER ORDER (CTO #6) from the Judicial Panel on Multidistrict Litigation: pursuant to 28 USC 1407, the following civil action is transferred to the Southern District of West Virginia and assigned to Judge Joseph R. Goodwin: TXS 4:13-02386, Duncan et al v. Cook Group, Inc. et al. (signed by Jeffery N. Luthi, Clerk of Panel) (cc: Judge Goodwin; Magistrate Judge Eifert; Judicial Panel on MDL; attys) (skh)
August 28, 2013 MEMBER CASE TERMINATED: WVSD CA 2:13-cv-20496, Ailey v. Cook Group, Inc. et al, terminated pursuant to the Order entered in the member civil action on 8/28/2013. Plaintiff Pamela J. Ailey (WVSD CA 2:13-20496) terminated herein. (skh)
August 19, 2013 MEMBER CASE OPENED: Illinois Northern, 1:13-cv-04914, Cameron v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-22015 pursuant to the #10 Cook Medical MDL Conditional Transfer Order (CTO #4). (cbo)
August 16, 2013 Filing 18 TRANSCRIPT OF PROCEEDINGS of Status Conference held on August 1, 2013, before Judge Joseph R. Goodwin and Magistrate Judge Cheryl A. Eifert. Court Reporter Lisa Cook, Telephone number 304-254-8053. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 8/26/2013. Redaction Request due 9/6/2013. Redacted Transcript Deadline set for 9/16/2013. Release of Transcript Restriction set for 11/14/2013. (lac) (Modified on 8/16/2013 to add docket text (Magistrate Judge Cheryl A. Eifert).)(klc)
August 12, 2013 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Perez v. Cook Group, Inc. et al, SDWV CA 2:13-cv-21677; Flax v. Cook Group, Inc. et al, SDWV CA 2:13-cv-21678. (cbo)
August 6, 2013 Opinion or Order Filing 17 PRETRIAL ORDER #6 (Initial Hearing Summary; Plan for Proceeding Forward) Memorializing the initial case management conference held 8/1/2013; directing parties to exchange information by 8/10/2013 and report to the court by 8/22/2013 regarding proper party defendants; the extension of time for filing a motion or answer in response to complaints that was set forth in #2 PTO #1 remains; stay on discovery is lifted; Cook defendants are unwilling to enter into a tolling agreement at this time; when the Master Pleadings and Short Form Complaint are adopted, the Direct Filing Order will contain language regarding the Plaintiff Profile Form; the issue of the initial discovery pool and the plan for proceeding forward will be addressed at the September Status Conference; the court will enter an order related to waiver of service upon determination of proper party defendants; setting Science Day 1:00 PM 9/19/2013. Signed by Judge Joseph R. Goodwin on 8/6/2013. cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
August 5, 2013 Opinion or Order Filing 16 PRETRIAL ORDER #5 (Uniform Certificate of Service) Directing that the parties may use the following uniform language in all future certificates of service filed in this MDL: I hereby certify that on _____________, I electronically filed the foregoing document with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the CM/ECF participants registered to receive service in this MDL. Signed by Judge Joseph R. Goodwin on 8/5/2013. cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
August 1, 2013 MEMBER CASE OPENED: Ohio Southern, 1:13-cv-00470, Fortschneider et al v. Cook, Inc. et al, as SDWV CA 2:13-cv-21339 pursuant to the #14 Cook Medical MDL Conditional Transfer Order (CTO #5). (cbo)
August 1, 2013 Filing 15 INITIAL CONFERENCE held by Judge Joseph R. Goodwin and Magistrate Judge Eifert on 8/1/2013; Court Reporter: Lisa Cook. (rac)
July 31, 2013 MEMBER CASES OPENED: Transferred into the Southern District of West Virginia: Texas Western, 5:13-cv-00628, Kindla v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-21260 pursuant to the #14 Cook Medical MDL Conditional Transfer Order (CTO #5); Texas Northern, 3:13-cv-02705, Grether et al v. Cook Group Inc. et al, as SDWV CA 2:13-cv-21266 pursuant to the #14 Cook Medical MDL Conditional Transfer Order (CTO #5); Kansas, 2:13-cv-02341, Latavitz v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-21286 pursuant to the #14 Cook Medical MDL Conditional Transfer Order (CTO #5); Kansas, 2:13-cv-02342, Perez v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-21287 pursuant to #14 Cook Medical MDL Conditional Transfer Order (CTO #5); Kansas, 2:13-cv-02343, Jones et al v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-21288 pursuant to the #14 Cook Medical MDL Conditional Transfer Order (CTO #5); Kansas, 2:13-cv-02346, Benson v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-21289 pursuant to the #14 Cook Medical MDL Conditional Transfer Order (CTO #5); Kansas, 2:13-cv-02347, Guzman v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-21290 pursuant to the #14 Cook Medical MDL Conditional Transfer Order (CTO #5); California Southern, 3:13-cv-01637, Nichols et al v. Cook Medical, Inc. et al, as SDWV CA 2:13-cv-21297 pursuant to the #14 Cook Medical MDL Conditional Transfer Order (CTO #5); Missouri Eastern, 4:13-cv-01298, Johnston v. Cook Inc. et al, as SDWV CA 2:13-cv-21301 pursuant to the #14 Cook Medical MDL Conditional Tranfer Order (CTO #5); Missouri Eastern, 4:13-cv-01310, Crain v. Cook Inc. et al, as SDWV CA 2:13-cv-21302 pursuant to the #14 Cook Medical MDL Conditional Transfer Order (CTO #5); Missouri Eastern, 4:13-cv-01347, Gallagher v. Cook Inc. et al, as SDWV CA 2:13-cv-21303 pursuant to the #14 Cook Medical MDL Conditional Transfer Order (CTO #5). (cbo)
July 31, 2013 MEMBER CASES OPENED: Transferred into the Southern District of West Virginia: Indiana Southern, 1:13-cv-01107, Hoyle v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-21240 pursuant to the #14 Cook Medical MDL Conditional Transfer Order (CTO #5); Arizona, 3:13-cv-08185, Ralston et al v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-21242 pursuant to the #14 Cook Medical MDL Conditional Transfer Order (CTO #5); Missouri Western, 4:13-cv-00695, Christian et al v. Cook Group, Incorporated et al, as SDWV CA 2:13-cv-21245 pursuant to the #14 Cook Medical MDL Conditional Transfer Order (CTO #5); Missouri Western, 4:13-cv-00696, Davis et al v. Cook Group, Incorporated et al, as SDWV CA 2:13-cv-21251 pursuant to the #14 Cook Medical MDL Conditional Transfer Order (CTO #5); Missouri Western, 4:13-cv-00697, Racca et al v. Cook Group, Incorporated et al, as SDWV CA 2:13-cv-21252 pursuant to the #14 Cook Medical MDL Conditional Transfer Order (CTO #5); Iowa Northern, 1:13-cv-00068, Abarr v. Cook, Inc. et al, as SDWV CA 2:13-cv-21253 pursuant to the #14 Cook Medical MDL Conditional Transfer Order (CTO #5); Missouri Western, 4:13-cv-00698, Rando et al v. Cook Group, Incorporated et al, as SDWV CA 2:13-cv-21254 pursuant to the #14 Cook Medical MDL Conditional Transfer Order (CTO #5); Missouri Western, 4:13-cv-00699, Smith et al v. Cook Group, Incorporated et al, as SDWV CA 2:13-cv-21255 pursuant to the #14 Cook Medical MDL Conditional Transfer Order (CTO #5); Missouri Western, 4:13-cv-00700, Winsock et al v. Cook Group, Incorporated et al, as SDWV CA 2:13-cv-21256 pursuant to the #14 Cook Medical MDL Conditional Transfer Order (CTO #5); Missouri Western, 4:13-cv-00701, Miller et al v. Cook Group, Incorporated et al, as SDWV CA 2:13-cv-21257 pursuant to the #14 Cook Medical MDL Conditional Transfer Order (CTO #5); Missouri Western, 4:13-cv-00704, Cantrell et al v. Cook Group, Incorporated et al, as SDWV CA 2:13-cv-21259 pursuant to the #14 Cook Medical MDL Conditional Transfer Order (CTO #5). (cbo)
July 31, 2013 Filing 14 CONDITIONAL TRANSFER ORDER (CTO #5) from the Judicial Panel on Multidistrict Litigation: pursuant to 28 USC 1407, the following civil actions are transferred to the Southern District of West Virginia and assigned to Judge Joseph R. Goodwin: AZ 3:13-08185, Ralston et al v. Cook Group Incorporated et al; CAS 3:13-01637, Nichols et al v. Cook Medical, Inc. et al; INS 1:13-01107, HOYLE v. COOK GROUP, INC. et al; IAN 1:13-00068, Abarr v. Cook, Inc et al; KS 2:13-02341, Latavitz v. Cook Group, Inc. et al; KS 2:13-02342, Perez v. Cook Group, Inc. et al; KS 2:13-02343, Jones et al v. Cook Group, Inc. et al; KS 2:13-02346, Benson v. Cook Group, Inc. et al; KS 2:13-02347, Guzman v. Cook Group, Inc. et al; MOE 4:13-01298, Johnston v. Cook Inc. et al; MOE 4:13-01310, Crain v. Cook Inc. et al; MOE 4:13-01347, Gallagher v. Cook Inc. et al; MOW 4:13-00695, Christian et al v. Cook Group, Incorporated et al; MOW 4:13-00696, Davis et al v. Cook Group, Incorporated et al; MOW 4:13-00697, Racca et al v. Cook Group, Incorporated et al; MOW 4:13-00698, Rando et al v. Cook Group, Incorporated et al; MOW 4:13-00699, Smith et al v. Cook Group, Incorporated et al; MOW 4:13-00700, Winsock et al v. Cook Group, Incorporated et al; MOW 4:13-00701, Miller et al v. Cook Group, Incorporated et al; MOW 4:13-00704, Cantrell et al v. Cook Group, Incorporated et al; OHS 1:13-00470, Fortschneider et al v. Cook, Inc. et al; TXN 3:13-02705, Grether et al v. Cook Group Inc et al; TXW 5:13-00628, Kindla v. Cook Group, Inc. et al. (signed by Jeffery N. Luthi, Clerk of Panel) (cc: Judge Goodwin; Magistrate Judge Eifert; Judicial Panel on MDL; attys) (skh)
July 30, 2013 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Lyons et al v. Cook Group, Inc. et al, SDWV CA 2:13-cv-21164. (cbo)
July 30, 2013 Opinion or Order Filing 13 PRETRIAL ORDER #4 (Appointment of Leadership Counsel) Setting forth leadership appointments and responsibilities in this MDL as follows: Co-Lead Plaintiffs' Counsel: Martin D. Crump of Davis & Crump and Benjamin H. Anderson of Anderson Law Offices; Co-Lead Defendants' Counsel: Douglas B. King and Jennifer Schuster; and Defendants' Co-Liaison Counsel: A. Timothy Jones of Hawkins, Parnell, Thackston & Young; the Court will not make additional appointments to the plaintiffs' executive committee, co-coordinating co-lead counsel, plaintiffs co-liaison counsel or the Plaintiffs Steering Committee at this time and refers to those orders entered in the related MDLs 2187, 2325, 2326, 2327 and 2387 and further information regarding leadership structure. Signed by Judge Joseph R. Goodwin on 7/30/2013. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
July 29, 2013 MEMBER CASE OPENED: Massachusetts, 1:13-cv-11569, Clark v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-21074 pursuant to the #9 Cook Medical MDL Conditional Transfer Order (CTO #3). (cbo)
July 25, 2013 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Stoner v. Cook Group, Inc. et al, SDWV CA 2:13-cv-20977. (cbo)
July 25, 2013 Filing 12 NOTICE of Pending Motions in MDL 2440 by All Plaintiffs (Crump, Martin)
July 25, 2013 Filing 11 NOTICE of Pending Motions in MDL No. 2440 Member Cases by Cook (Canada), Inc., Cook Biotech Incorporated, Cook Group Incorporated, Cook Incorporated, Cook Ireland, Ltd., Cook Medical Incorporated, Cook Urological Incorporated, William A. Cook Australia Pty., Ltd. (Schuster, Jennifer)
July 24, 2013 MEMBER CASE OPENED: Texas Northern, 4:13-cv-00553, Compagna v. Cook Biotech, Inc. et al, as SDWV CA 2:13-cv-20913 pursuant to the #10 Cook Medical MDL Conditional Transfer Order (CTO #4). (cbo)
July 23, 2013 MEMBER CASES OPENED: Transferred into the Southern District of West Virginia: Texas Western, 1:13-cv-00567, Janysek v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-20817 pursuant to the #10 Cook Medical MDL Conditional Transfer Order (CTO #4); Texas Southern, 4:13-cv-01985, Rivera et al v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-20818 pursuant to the #10 Cook Medical MDL Conditional Transfer Order (CTO #4); Illinois Northern, 1:13-cv-01830, Stevens-Jones et al v. Cook Group Incorporated et al, as SDWV CA 2:13-cv-20821 pursuant to the #6 Cook Medical MDL Conditional Transfer Order (CTO #2); Texas Northern, 3:13-cv-02615, Christian et al v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-20841 pursuant to the #10 Cook Medical MDL Conditional Transfer Order (CTO #4). (cbo)
July 23, 2013 Filing 10 CONDITIONAL TRANSFER ORDER (CTO #4) from the Judicial Panel on Multidistrict Litigation: pursuant to 28 USC 1407, the following civil actions are transferred to the Southern District of West Virginia and assigned to Judge Joseph R. Goodwin: ILN 1:13-04914, Cameron v. Cook Group, Inc. et al; TXN 3:13-02615, Christian et al v. Cook Biotech Inc et al; TXN 4:13-00553, Compagna v. Cook Biotech, Inc. et al.; TXS 4:13-01985, Rivera et al v. Cook Group, Inc. et al; TXW 1:13-00567, Janysek v. Cook Group, Inc. et al. (signed by Jeffery N. Luthi, Clerk of Panel) (cc: Judge Goodwin; Magistrate Judge Eifert; Judicial Panel on MDL; attys) (skh)
July 22, 2013 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Rettele et al v. Cook Group Incorporated et al, SDWV CA 2:13-cv-20792. (cbo)
July 19, 2013 MEMBER CASE OPENED: Oregon, 3:13-cv-01094, Gann v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-20698 pursuant to the #9 Cook Medical MDL Conditional Transfer Order (CTO #3). (cbo)
July 18, 2013 MEMBER CASES OPENED: Cases Transferred into the Southern District of West Virginia: Georgia Northern, 1:13-cv-02196, Hogan v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-20609 pursuant to the #9 Cook Medical MDL Conditional Transfer Order (CTO #3); Georgia Northern, 1:13-cv-02197, Robinson v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-20610 pursuant to the #9 Cook Medical MDL Conditional Transfer Order (CTO #3). (cbo)
July 18, 2013 Filing 9 CONDITIONAL TRANSFER ORDER (CTO #3) from the Judicial Panel on Multidistrict Litigation: pursuant to 28 USC 1407, the following civil actions are transferred to the Southern District of West Virginia and assigned to Judge Joseph R. Goodwin: GAN 1:13-02196, Hogan v. Cook Group, Inc. et al; GAN 1:13-02197, Robinson v. Cook Group, Inc. et al.; MA 1:13-11569, Clark v. Boston Scientific Corp. et al; OR 3:13-01094, Gann v. Cook Group, Inc. et al. (signed by Jeffery N. Luthi, Clerk of Panel) (cc: Judge Goodwin; Magistrate Judge Eifert; Judicial Panel on MDL; attys) (skh)
July 16, 2013 Opinion or Order Filing 8 PRETRIAL ORDER #3 (Order Scheduling Future Status Conferences & Other Matters) The Court will conduct joint status conferences in all MDLs (2187, 2325, 2326, 2327, 2387 and 2440) in Charleston before Judge Goodwin as follows: 9/19/2013 10:00 AM, 12/5/2013 12:00 PM, 1/9/2014 10:00 AM, 2/6/2014 10:00 AM, 3/13/2014 10:00 AM, 5/1/2014 10:00 AM, 6/12/2014 10:00 AM. 7/24/2014 10:00 AM, and 9/4/2014 10:00 AM; there is no phone participation in the status conferences; lead counsel shall submit to the court, via e-mail, a proposed joint agenda for each status conference by noon on the Monday preceding each conference. Signed by Judge Joseph R. Goodwin on 7/16/2013. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
July 16, 2013 Opinion or Order Filing 7 PRETRIAL ORDER #2 (Re: Rescheduling Start Time of Initial Conference) Initial pretrial conference to be held on 8/1/2013 is rescheduled to begin at 08:30 AM instead of 09:00 AM in Charleston before Judge Joseph R. Goodwin. Signed by Judge Joseph R. Goodwin on 7/16/2013. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES) (ras)
July 15, 2013 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Ailey v. Cook Group, Inc. et al, SDWV CA 2:13-cv-20496; Roth et al v. Cook Group, Inc. et al, SDWV CA 2:13-cv-20497. (cbo)
July 13, 2013 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Renfroe et al v. Cook, Inc. et al, SDWV CA 2:13-cv-20340; Baldwin v. Cook Group, Inc. et al, SDWV CA 2:13-cv-20345; Blythe v. Cook Group, Inc. et al, SDWV CA 2:13-cv-20346; Calkins v. Cook Group, Inc. et al, SDWV CA 2:13-cv-20348; Chaney v. Cook Group, Inc. et al, SDWV CA 2:13-cv-20349; Demarcus v. Cook Group, Inc. et al, SDWV CA 2:13-cv-20350; Fuentes v. Cook Group, Inc. et al, SDWV CA 2:13-cv-20351; Gamble v. Cook Group, Inc. et al, SDWV CA 2:13-cv-20352; Gower v. Cook Group, Inc. et al, SDWV CA 2:13-cv-20353; Hampton v. Cook Group, Inc. et al, SDWV CA 2:13-cv-20354; Harris v. Cook Group, Inc. et al, SDWV CA 2:13-cv-20355; Highbaugh v. Cook Group, Inc. et al, SDWV CA 2:13-cv-20356; Laister v. Cook Group, Inc. et al, SDWV CA 2:13-cv-20358. (cbo)
July 13, 2013 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Lingo v. Cook Group, Inc. et al, SDWV CA 2:13-cv-20359; Martin v. Cook Group, Inc. et al, SDWV CA 2:13-cv-20360; Oropeza v. Cook Group, Inc. et al, SDWV CA 2:13-cv-20361; Razo v. Cook Group, Inc. et al, SDWV CA 2:13-cv-20362; Rhodes v. Cook Group, Inc. et al, SDWV CA 2:13-cv-20363; Roberts v. Cook Group, Inc. et al, SDWV CA 2:13-cv-20364; Rogers v. Cook Group, Inc. et al, SDWV CA 2:13-cv-20365; Rohrer v. Cook Group, Inc. et al, SDWV CA 2:13-cv-20366; Santiago v. Cook Group, Inc. et al, SDWV CA 2:13-cv-20367; Smead v. Cook Group, Inc. et al, SDWV CA 2:13-cv-20368; Vest v. Cook Group, Inc. et al, SDWV CA2:13-cv-20369, Watkins v. Cook Group, Inc. et al, SDWV CA 2:13-cv-20370; Wright v. Cook Group, Inc. et al, SDWV CA 2:13-cv-20371. (cbo)
July 12, 2013 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Case et al v. Cook Incorporated et al, SDWV CA 2:13-cv-19794. (cbo)
July 12, 2013 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Howard et al v. Cook Group, Inc. et al, SDWV CA 2:13-cv-20738. (cbo)
July 12, 2013 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: McKee v. Cook, Inc. et al, SDWV CA 2:13-cv-19970; Dotson v. Cook, Inc. et al, SDWV CA 2:13-cv-20098; Palumbo et al v. Cook Group, Inc. et al, SDWV CA 2:13-cv-20106; Janysek et al v. Cook, Inc. et al, SDWV CA 2:13-cv-20137; Friend v. Cook Group, Inc. et al, SDWV CA 2:13-cv-20199; Johnson v. Cook Group, Inc. et al, SDWV CA 2:13-cv-20205. (cbo)
July 12, 2013 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Holmes v. Cook Group, Inc. et al, SDWV CA 2:13-cv-19551; Perkins v. Cook Group, Inc. et al, SDWV CA 2:13-cv-19553; Pinette v. Cook, Inc. et al, SDWV CA 2:13-cv-19563; Kimbrell et al v. Cook Group Incorporated et al, SDWV CA 2:13-cv-19601; Sanders v. Cook Group, Inc. et al, SDWV CA 2:13-cv-19776; Leverett et al v. Cook, Inc. et al, SDWV CA 2:13-cv-19826; Campbell v. Cook, Inc. et al,SDWV 2:13-cv-19834; Lambert et al v. Cook Biotech, Inc. et al, SDWV 2:13-cv-19928; Fleming v. Cook, Inc. et al, SDWV CA 2:13-cv-19932; Enlow et al v. Cook Group Incorporated et al, SDWV CA 2:13-cv-19948. (cbo)
July 11, 2013 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Cadwalader et al v. Cook, Inc. et al, SDWV CA 2:13-cv-18998; Coburn et al v. Cook Group, Inc. et al, SDWV CA 2:13-cv-19000; Francisco et al v. Cook, Inc. et al, SDWV CA 2:13-cv-19002; Rose v. Cook Group, Inc. et al, SDWV CA 2:13-cv-19003; Kerr et al v. Cook, Inc. et al, SDWV CA 2:13-cv-19005; Richards v. Cook Group, Inc. et al, SDWV CA 2:13-cv-19007; Vessels v. Cook, Inc. et al, SDWV CA 2:13-cv-19009; Manship v. Cook Group, Inc. et al, SDWV CA 2:13-cv-19013; Reding et al v. Cook Group, Inc. et al, SDWV CA 2:13-cv-19126; Harper v. Cook Group, Inc. et al, SDWV CA 2:13-cv-19130. (cbo)
July 11, 2013 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Craft et al v. Cook Medical, Inc. et al, SDWV CA 2:13-cv-19162; Dockery et al v. Cook Group, Inc. et al, SDWV CA 2:13-cv-19376. (cbo)
July 10, 2013 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Ashcroft v. Cook, Inc. et al, SDWV CA 2:13-cv-18561; Neal et al v. Cook, Inc. et al, 2:13-cv-18566; Crockett et al v. Cook Group, Inc. et al, 2:13-cv-18647; Ailey v. Cook Group, Inc. et al, 2:13-cv-18888; Barton et al v. Cook Group, Inc. et al, 2:13-cv-18894; Hovey v. Cook Group, Inc. et al, 2:13-cv-18900. (cbo)
July 10, 2013 Filing 6 CONDITIONAL TRANSFER ORDER (CTO #2) from the Judicial Panel on Multidistrict Litigation: pursuant to 28 USC 1407, the following civil action is transferred to the Southern District of West Virginia and assigned to Judge Joseph R. Goodwin: ILN 1:13-01830, Stevens-Jones et al v. Cook Group Incorporated et al. (signed by Jeffery N. Luthi, Clerk of Panel) (cc: Judge Goodwin; Magistrate Judge Eifert; Judicial Panel on MDL; attys) (skh)
July 8, 2013 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Strauss v. Cook Group, Inc. et al, SDWV CA 2:13-cv-17890. (cbo)
July 5, 2013 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Hughes v. Cook, Inc. et al, 2:13-cv-17354; Paige v. Cook, Inc. et al, 2:13-cv-17398; Barnett v. Cook, Inc. et al, 2:13-cv-17400; Luncy v. Cook, Inc. et al, 2:13-cv-17402; Stevens v. Cook, Inc. et al, 2:13-cv-17403; Thrash-Benson v. Cook, Inc. et al, 2:13-cv-17406; Roy v. Cook, Inc. et al, 2:13-cv-17407. (cbo)
July 4, 2013 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Beasley et al v. Cook Biotech, Inc. et al, SDWV CA 2:13-cv-17315. (cbo)
July 3, 2013 MEMBER CASES OPENED: Direct filings in the Southern District of West Virginia: Webb v. Cook Group, Inc. et al, SDWV CA 2:13-cv-17053; Watkins v. Cook Group, Inc. et al, SDWV CA 2:13-cv-17071; Stormant v. Cook Group, Inc. et al, SDWV CA 2:13-cv-17086; Reimer v. Cook Group, Inc. et al, SDWV CA 2:13-cv-17093; Nerren v. Cook Group, Inc. et al, SDWV CA 2:13-cv-17104; Courtney v. Cook, Inc. et al, SDWV CA 2:13-cv-17165; Metzger et al v. Cook Biotech, Inc. et al, 2:13-cv-17235. (cbo)
July 2, 2013 MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Simmons et al v. Cook, Inc. et al, SDWV CA 2:13-cv-16912. (cbo)
June 28, 2013 MEMBER CASE OPENED: Pennsylvania Eastern, 2:13-cv-01683, Camac v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-16275 pursuant to the #5 Cook Medical MDL Conditional Transfer Order (CTO #1). (cbo)
June 27, 2013 MEMBER CASE OPENED: Florida Northern, 3:13-cv-00123, Montford v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-16079, pursuant to the #5 Cook Medical MDL Conditional Transfer Order (CTO #1). (cbo)
June 26, 2013 MEMBER CASES OPENED: Cases Transferred into the Southern District of West Virginia: Texas Southern, 4:13-cv-01506, Trujillo v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-15702; Texas Southern, 4:13-cv-01508, May v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-15703; Missouri Western, 4:13-cv-00157, Durham v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-15808; Missouri Western, 4:13-cv-00158, Lynch et al v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-15817; Missouri Western, 4:13-cv-00419, Brown v. Cook Group, Incorporated et al, as SDWV CA 2:13-cv-15819; Missouri Western, 4:13-cv-00529, Walker v. Cook Group, Incorporated et al, as SDWV CA 2:13-cv-15821; Tennessee Eastern, 1:13-cv-00120, Ward v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-15879; pursuant to the #5 Cook Medical MDL Conditional Transfer Order (CTO #1). (cbo)
June 25, 2013 MEMBER CASES OPENED: Cases Transferred into the Southern District of West Virginia: Indiana Southern, 1:13-cv-00907, Bartlett et al v. Cook Group, Inc. et al, as WVSD CA 2:13-cv-15552; Georgia Northern, 1:13-cv-01614, Burroughs v. Cook Group, Inc. et al, as WVSD CA 2:13-cv-15576; Mississippi Northern, 3:13-cv-00138, Dyson v. Cook, Inc. et al, as SDWV CA 2:13-cv-15587; Mississippi Northern, 3:13-cv-00139, Barrett v. Cook, Inc. et al, as SDWV CA 2:13-cv-15588; Florida Middle, 6:13-cv-00535, Davis v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-15592; Georgia Northern, 1:13-cv-01181, Schrembeck v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-15599; California Eastern, 1:13-cv-00786,Fricke et al v. Cook, Inc. et al, as WVSD CA 2:13-cv-15660; Kansas, 5:13-cv-04054, Ainsworth et al vs. Cook Group, Inc. et al, as WVSD CA 2:13-cv-15701; pursuant to the #5 Cook Medical MDL Conditional Transfer Order (CTO #1). (cbo)
June 25, 2013 Filing 5 CONDITIONAL TRANSFER ORDER (CTO #1) from the Judicial Panel on Multidistrict Litigation: pursuant to 28 USC 1407, the following civil actions are transferred to the Southern District of West Virginia and assigned to Judge Joseph R. Goodwin: CAE 1:13-00786, Fricke et al v. Cook, Inc. et al.; FLM 6:13-00535, Davis v. Cook Group, Inc. et al; FLN 3:13-00123, MONTFORD v. COOK GROUP INC et al; GAN 1:13-01181, Schrembeck v. Cook Group, Inc. et al; GAN 1:13-01614, Burroughs v. Cook Group, Inc. et al; INS 1:13-00907, BARTLETT et al v. COOK BIOTECH, INC et al; KS 5:13-04054, Ainsworth vs. Cook Group, Inc. et al; MSN 3:13-00138, Dyson v. Cook, Inc. et al; MSN 3:13-00139, Barrett v. Cook, Inc. et al; MOW 4:13-00157, Durham v. Cook Group, Inc. et al; MOW 4:13-00158, Lynch et al v. Cook Group, Inc. et al; MOW 4:13-00419, Brown v. Cook Group, Incorporated et al; MOW 4:13-00529, Walker v. Cook Group, Incorporated et al; PAE 2:13-01683, CAMAC v. COOK GROUP, INC. et al; TNE 1:13-00120, Ward v. Cook Group, Inc. et al; TXS 4:13-01506, Trujillo v. Cook Group, Inc. et al; TXS 4:13-01508, May v. Cook Group, Inc. et al. (signed by Jeffery N. Luthi, Clerk of Panel) (cc: Judge Goodwin; Magistrate Judge Eifert; Judicial Panel on MDL; attys) (skh)
June 20, 2013 Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael J. Farrell on behalf of American Medical Systems, Inc.. (Farrell, Michael)
June 20, 2013 Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Erik W. Legg on behalf of American Medical Systems, Inc.. (Legg, Erik)
June 18, 2013 MEMBER CASE OPENED: Tennessee Middle, 3:12-cv-01153, Johnson v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-14710 pursuant to the #1 MDL Transfer Order. (cbo)
June 18, 2013 MEMBER CASE OPENED: Tennessee Middle, 3:12-cv-01252, Mansfield v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-14723 pursuant to the #1 MDL Transfer Order. (cbo)
June 18, 2013 MEMBER CASE OPENED: Tennessee Middle, 3:13-cv-00014, Dunnington et al v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-14697 pursuant to the #1 MDL Transfer Order. (cbo)
June 14, 2013 MEMBER CASE OPENED: Alabama Middle, 1:13-cv-00096, Elliot-Mercer v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-14357 pursuant to the #1 MDL Transfer Order. (cbo)
June 13, 2013 MEMBER CASE OPENED: Alabama Middle, 1:13-cv-00100, Nolin et al v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-14331 pursuant to the #1 MDL Transfer Order. (cbo)
June 13, 2013 MEMBER CASE OPENED: Kentucky Eastern, 5:12-cv-00229, Smith et al v. Cook Group, Inc. et al, as SDWV CA 2:13-cv-14251 pursuant to the #1 MDL Transfer Order. (cbo)
June 13, 2013 Opinion or Order Filing 2 PRETRIAL ORDER # 1 (Initial Conference and Case Management): the Court finds that the civil actions transferred to this court merit special attention as complex litigation; setting initial pretrial conference at 9:00 AM on 8/1/2013; directing parties to submit any suggestions regarding case management orders or additional agenda items to the court's law clerk, Kate Fife, at kate_fife@wvsd.uscourts.gov by 7/25/2013; plaintiffs and defendants shall submit to the Court by 7/25/2013 a brief written position statement, which will not be filed with the Clerk of the court, indicating their preliminary understanding of the facts involved in the litigation and the critical factual and legal issues; the parties' statement will include an attachment, which will also be filed with the Clerk's office as directed herein, detailing motions pending in the member cases at the time of their transfer to this court by the Panel; each party represented by counsel shall appear at the initial pretrial conference through counsel and unrepresented parties must appear in person; prior to the initial pretrial conference, service of all papers shall be made on counsel of record appearing in these cases; liaison counsel are responsible for service of this order and future documents on opposing pro se parties; counsel who appeared in a transferor court prior to transfer need not enter an additional appearance before this court; attorneys admitted to practice and in good standing in a U. S. District Court are admitted pro hac vice in this litigation and the requirements of Local Rule of Civil Procedure 83.6 are waived; association of local counsel is not required; discovery disputes are referred to the Honorable Cheryl Eifert, United States Magistrate Judge; the court established a leadership structure and named counsel to various positions in MDL Nos. 2325, 2326, 2327, 2187 and 2387; for this MDL, the court will select two attorneys for the positions of co-lead plaintiffs' counsel and at least one attorney for the position of lead defendants' counsel; prior to the initial conference, counsel for the plaintiffs and counsel for the defendants shall confer and seek consensus on recommendations for the positions of co-lead counsel for plaintiffs and lead counsel for the defendants and submit the recommendations via email or other means by 7/25/2013; unless otherwise ordered, counsel must communicate with the court in writing, with courtesy copies to counsel; communications and submissions which are not to be filed with the Clerk may be sent to kate_fife@wvsd.uscourts.gov; significant orders and opinions will be published on the court's website at www.wvsd.uscourts.gov/MDL/2440/index.html, which repository may not include a complete inventory of all orders and opinions. Signed by Judge Joseph R. Goodwin on 2/29/2012. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: ALL CASES)
June 13, 2013 MEMBER CASE OPENED: New Jersey, 1:13-cv-01005, Heiser v. Cook Medical, Inc. et al, as SDWV CA 2:13-cv-14223 pursuant to the #1 MDL Transfer Order. (skh)
June 13, 2013 MEMBER CASE OPENED: Alabama Northern, 5:13-cv-00311, Flannagan et al v. American Medical Systems, Inc. et al, as SDWV CA 2:13-cv-14231 pursuant to the #1 MDL Transfer Order. (skh)
June 11, 2013 Filing 1 MDL TRANSFER ORDER from the Judicial Panel on Multidistrict Litigation: pursuant to 28 USC 1407, the following actions, as listed on Schedule A, are transferred to our district for coordinated or consolidated pretrial proceedings: ALM 1:13-00096 Debbie Elliot-Mercer v. Cook Group, Inc. et al.; ALM 1:13-00100 Deborah G. Nolin, et al. v. Cook Group, Inc., et al.; ALN 5:13-00311 Janice Flannagan, et al. v. American Medical Systems, Inc., et al.; KYE 5:12-00229 Brenda L. Smith, et al. v. Cook, Inc., et al.; NJD 1:13-01005 Patricia Heiser v. Cook Medical, Inc., et al.; TNM 3:12-01153 Alice J. Johnson v. Cook, Inc., et al.; TNM 3:12-01252 Sheila Mansfield v. Cook, Inc., et al.; and TNM 3:13-00014 Sarah Ruth Dunnington, et al. v. Cook, Inc., et al. Signed by John G. Heyburn II, Chairman of the Panel. (cc: Judge Goodwin; attys) (REF: ALL CASES) (ras)

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Search for this case: In re: Cook Medical, Inc., Pelvic Repair System Products Liability Litigation
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Defendant: Covidien LP formerly known as Tyco Healthcare Group LP doing business as Covidien Inc.
Represented By: Deborah A. Moeller
Represented By: Devin K. Ross
Represented By: Micah L. Hobbs
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Defendant: Covidien Ltd.
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In re: Cook Medical, Inc., Pelvic Repair System Products Liability Litigation
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Interested party: Lana C. Keeton
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Plaintiff: Elois Coruthers (WVSD CA 2:12-0418)
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Plaintiff: Frances Hogan (WVSD CA 2:13-0836)
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Plaintiff: Robert Hogan (WVSD CA 2:13-0836)
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Plaintiff: Julie Green (WVSD CA 2:13-2644)
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Plaintiff: Larry Green (WVSD CA 2:13-2644)
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Plaintiff: Cindy Weirback (WVSD CA 2:13-2646)
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Plaintiff: Angela M. Ward (WVSD CA 2:13-05734)
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Plaintiff: Billie Jo Bowman (WVSD CA 2:13-13977)
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Plaintiff: Linda Pickard (WVSD CA 2:13-14095)
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Plaintiff: Elena Myers (WVSD CA 2:13-14150)
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Plaintiff: Chris Myers (WVSD CA 2:13-14150)
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Plaintiff: Patricia Heiser (WVSD CA 2:13-14223)
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Plaintiff: Janice Flannagan (WVSD CA 2:13-14231)
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Plaintiff: Jeffrey Flannagan (WVSD CA 2:13-14231)
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Plaintiff: Brenda L. Smith (WVSD CA 2:13-14251)
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Plaintiff: Michael Smith (WVSD CA 2:13-14251)
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Plaintiff: Deborah G. Nolin (WVSD CA 2:13-14331)
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Plaintiff: James K. Nolin (WVSD CA 2:13-14331)
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Represented By: Bryan F. Aylstock
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Plaintiff: Debbie Elliot-Mercer (WVSD CA 2:13-14357)
Represented By: Christopher W. Cantrell
Represented By: William J. Doyle, II
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Plaintiff: Sarah Ruth Dunnington (WVSD CA 2:13-14697)
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: J. Gerard Stranch, IV
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Represented By: Douglass Alan Kreis
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Plaintiff: Dennis Barfield (WVSD CA 2:13-14697)
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: J. Gerard Stranch, IV
Represented By: Neil D. Overholtz
Represented By: Douglass Alan Kreis
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Plaintiff: Alice J. Johnson (WVSD CA 2:13-14710)
Represented By: Bryan F. Aylstock
Represented By: Douglass Alan Kreis
Represented By: J. Gerard Stranch, IV
Represented By: D. Renee Baggett
Represented By: Neil D. Overholtz
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Plaintiff: Alison J. Johnson (WVSD CA 2:13-14710)
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: Douglass Alan Kreis
Represented By: J. Gerard Stranch, IV
Represented By: Neil D. Overholtz
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Plaintiff: Shelia Mansfield (WVSD CA 2:13-14723)
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: Douglass Alan Kreis
Represented By: J. Gerard Stranch, IV
Represented By: Neil D. Overholtz
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Plaintiff: Esther J. Zuniga (WVSD CA 2:13-15529)
Represented By: Zollie C. Steakley
Represented By: Matthew John Morrison
Represented By: W. Bradley Parker
Represented By: Preston J. Dugas, III
Represented By: Ryan H. Anderson
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Plaintiff: Kathy L. Bartlett (WVSD CA 2:13-15552)
Represented By: Burton A. Padove
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Plaintiff: Greg Bartlett (WVSD CA 2:13-15552)
Represented By: Burton A. Padove
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Plaintiff: Sandra White Burroughs (WVSD CA 2:13-15576)
Represented By: Theresa Ann Karem Brown Read
Represented By: Mark W. Davis
Represented By: Martin Daniel Crump
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Plaintiff: Karen Dyson (WVSD CA 2:13-15587)
Represented By: Mark W. Davis
Represented By: Martin Daniel Crump
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Plaintiff: Shirley Barrett (WVSD CA 2:13-15588)
Represented By: Mark W. Davis
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Plaintiff: Danusia Marie Davis (WVSD CA 2:13-15592)
Represented By: Douglass Alan Kreis
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Plaintiff: Leslie Dale Schrembeck (WVSD CA 2:13-15599)
Represented By: Michael Brandon Smith
Represented By: C. Andrew Childers
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Plaintiff: Julia Fricke (WVSD CA 2:13-15660)
Represented By: Trevor Bruce Rockstad
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Plaintiff: Gaylon Fricke (WVSD CA 2:13-15660)
Represented By: Trevor Bruce Rockstad
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Plaintiff: Danette Ainsworth (WVSD CA 2:13-15701)
Represented By: Gregory L. Laker
Represented By: Rodney C. Olsen
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Plaintiff: Eddy Ainsworth (WVSD CA 2:13-15701)
Represented By: Gregory L. Laker
Represented By: Rodney C. Olsen
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Plaintiff: Irene Marie Trujillo (WVSD CA 2:13-15702)
Represented By: Erin K. Copeland
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Plaintiff: Charlene S. May (WVSD CA 2:13-15703)
Represented By: Douglass Alan Kreis
Represented By: Erin K. Copeland
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Plaintiff: Cheryl Durham (WVSD CA 2:13-15808)
Represented By: Jeffrey M. Kuntz
Represented By: Thomas P. Cartmell
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Plaintiff: Beverly Lynch (WVSD CA 2:13-15817)
Represented By: Jeffrey M. Kuntz
Represented By: Thomas P. Cartmell
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Plaintiff: Willard Lynch (WVSD CA 2:13-15817)
Represented By: Jeffrey M. Kuntz
Represented By: Thomas P. Cartmell
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Plaintiff: Diana L. Brown (WVSD CA 2:13-15819)
Represented By: Jeffrey M. Kuntz
Represented By: Thomas P. Cartmell
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Plaintiff: Cathy Walker (WVSD CA 2:13-15821)
Represented By: Thomas P. Cartmell
Represented By: Jeffrey M. Kuntz
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Plaintiff: Charlotte Dewene Ward (WVSD CA 2:13-15879)
Represented By: Benjamin A. Gastel
Represented By: Bryan F. Aylstock
Represented By: Neil D. Overholtz
Represented By: D. Renee Baggett
Represented By: J. Gerard Stranch, IV
Represented By: Douglass Alan Kreis
Represented By: Michael Brandon Smith
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Plaintiff: Nancy Arleen Montford (WVSD CA 2:13-16079)
Represented By: Douglass Alan Kreis
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Plaintiff: Margaret Victoria Camac (WVSD CA 2:13-16275)
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: James D. Barger
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Plaintiff: Janet A. Nerren (WVSD CA 2:13-16472)
Represented By: Les Weisbrod
Represented By: Alexandra V. Boone
Represented By: Luke Harrison Metzler
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Plaintiff: Ammie L. Simmons (WVSD CA 2:13-16912)
Represented By: Martin Daniel Crump
Represented By: Mark W. Davis
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Plaintiff: John Simmons (WVSD CA 2:13-16912)
Represented By: Mark W. Davis
Represented By: Martin Daniel Crump
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Plaintiff: Lisa A. Webb (WVSD CA 2:13-17053)
Represented By: Max Freeman
Represented By: Alexandra V. Boone
Represented By: Les Weisbrod
Represented By: Luke Harrison Metzler
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Plaintiff: Marion J. Watkins (WVSD CA 2:13-17071)
Represented By: Alexandra V. Boone
Represented By: Les Weisbrod
Represented By: Max Freeman
Represented By: Luke Harrison Metzler
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Plaintiff: Rosemarie Stormant (WVSD CA 2:13-17086)
Represented By: Alexandra V. Boone
Represented By: Les Weisbrod
Represented By: Luke Harrison Metzler
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Plaintiff: Harriette T. Reimer (WVSD CA 2:13-17093)
Represented By: Alexandra V. Boone
Represented By: Les Weisbrod
Represented By: Luke Harrison Metzler
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Plaintiff: Janet A. Nerren (WVSD CA 2:13-17104)
Represented By: Alexandra V. Boone
Represented By: Les Weisbrod
Represented By: Luke Harrison Metzler
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Plaintiff: Lana Courtney (WVSD CA 2:13-17165)
Represented By: Mark W. Davis
Represented By: Martin Daniel Crump
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Plaintiff: Marilyn Metzger (WVSD CA 2:13-17235)
Represented By: Rachel Beth Abrams
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Plaintiff: Edward Metzger (WVSD CA 2:13-17235)
Represented By: Rachel Beth Abrams
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Plaintiff: Shirley Beasley (WVSD CA 2:13-17315)
Represented By: Michael T. Gallagher
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Plaintiff: Edward Beasley (WVSD CA 2:13-17315)
Represented By: Michael T. Gallagher
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Plaintiff: Billie Hughes (WVSD CA 2:13-17354)
Represented By: Mark W. Davis
Represented By: Martin Daniel Crump
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Plaintiff: Theresa Rogowski (WVSD CA 2:13-17372)
Represented By: Andy Dow Birchfield, Jr.
Represented By: P. Leigh O'Dell
Represented By: Wesley Chadwick Cook
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Plaintiff: Billy Rogowski, Sr. (WVSD CA 2:13-17372)
Represented By: Andy Dow Birchfield, Jr.
Represented By: P. Leigh O'Dell
Represented By: Wesley Chadwick Cook
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Plaintiff: Cheareka Paige (WVSD CA 2:13-17398)
Represented By: Martin Daniel Crump
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Plaintiff: Peggy Barnett (WVSD CA 2:13-17400)
Represented By: Mark W. Davis
Represented By: Martin Daniel Crump
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Plaintiff: Sheena Lundy (WVSD CA 2:13-17402)
Represented By: Mark W. Davis
Represented By: Martin Daniel Crump
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Plaintiff: Virginia Stevens (WVSD CA 2:13-17403)
Represented By: Mark W. Davis
Represented By: Martin Daniel Crump
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Plaintiff: Charlotte Thrash-Benson (WVSD CA 2:13-17406)
Represented By: Mark W. Davis
Represented By: Martin Daniel Crump
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Plaintiff: Christine L. Roy (WVSD CA 2:13-17407)
Represented By: Mark W. Davis
Represented By: Martin Daniel Crump
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Plaintiff: Nancy J. Strauss (WVSD CA 2:13-17890)
Represented By: Les Weisbrod
Represented By: Alexandra V. Boone
Represented By: Luke Harrison Metzler
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Plaintiff: Helen Gaevert (WVSD CA 2:13-18468)
Represented By: G. Sean Jez
Represented By: Karen Beyea-Schroeder
Represented By: Rand Patrick Nolen
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Plaintiff: Shirleyanne Ashcroft (WVSD CA 2:13-18561)
Represented By: Aaron Clark Johnson
Represented By: David G. Summers
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Plaintiff: Rosemary Neal (WVSD CA 2:13-18566)
Represented By: Aaron Clark Johnson
Represented By: David G. Summers
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Plaintiff: Patrick Neal (WVSD CA 2:13-18566)
Represented By: Aaron Clark Johnson
Represented By: David G. Summers
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Plaintiff: Elaine C. Crockett (WVSD CA 2:13-18647)
Represented By: Brian D. Ketterer
Represented By: Elisha N. Hawk
Represented By: Kimberly A. Dougherty
Represented By: Robert K. Jenner
Represented By: Thomas G. Wilson
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Plaintiff: Todd C. Crockett (WVSD CA 2:13-18647)
Represented By: Brian D. Ketterer
Represented By: Elisha N. Hawk
Represented By: Kimberly A. Dougherty
Represented By: Robert K. Jenner
Represented By: Thomas G. Wilson
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Plaintiff: Pamela Ailey (WVSD CA 2:13-18888)
Represented By: Erin K. Copeland
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Plaintiff: Kathryn Barton (WVSD CA 2:13-18894)
Represented By: Erin K. Copeland
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Plaintiff: William Barton (WVSD CA 2:13-18894)
Represented By: Erin K. Copeland
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Plaintiff: Mary Hovey (WVSD CA 2:13-18900)
Represented By: Erin K. Copeland
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Plaintiff: Debra Beck (WVSD CA 2:13-18958)
Represented By: Richard Arthur Freese
Represented By: Tim K. Goss
Represented By: David Paul Matthews
Represented By: Julie L. Rhoades
Represented By: Kevin L. Edwards
Represented By: Peter de la Cerda
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Plaintiff: Joanne Cadwalader (WVSD CA 2:13-18998)
Represented By: Jayne Conroy
Represented By: Paul Hanly
Represented By: John J. Foley
Represented By: Trent B. Miracle
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Plaintiff: Willard Cadwalader (WVSD CA 2:13-18998)
Represented By: Paul Hanly
Represented By: Jayne Conroy
Represented By: John J. Foley
Represented By: Trent B. Miracle
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Plaintiff: Theresa L. Coburn (WVSD CA 2:13-19000)
Represented By: Paul Hanly
Represented By: Jayne Conroy
Represented By: John J. Foley
Represented By: Trent B. Miracle
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Plaintiff: John Coburn (WVSD CA 2:13-19000)
Represented By: Paul Hanly
Represented By: John J. Foley
Represented By: Trent B. Miracle
Represented By: Jayne Conroy
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Plaintiff: Virginia L. Francisco (WVSD CA 2:13-19002)
Represented By: Jayne Conroy
Represented By: John J. Foley
Represented By: Paul Hanly
Represented By: Trent B. Miracle
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Plaintiff: Robert Francisco (WVSD CA 2:13-19002)
Represented By: John J. Foley
Represented By: Trent B. Miracle
Represented By: Jayne Conroy
Represented By: Paul Hanly
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Plaintiff: Karen Rose (WVSD CA 2:13-19003)
Represented By: Michael Leslie Hodges
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Plaintiff: Claudette B. Kerr (WVSD CA 2:13-19005)
Represented By: Paul Hanly
Represented By: Jayne Conroy
Represented By: John J. Foley
Represented By: Trent B. Miracle
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Plaintiff: William Kerr (WVSD CA 2:13-19005)
Represented By: Trent B. Miracle
Represented By: Jayne Conroy
Represented By: John J. Foley
Represented By: Paul Hanly
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Plaintiff: Heather L. Richards (WVSD CA 2:13-19007)
Represented By: Trent B. Miracle
Represented By: Jayne Conroy
Represented By: John J. Foley
Represented By: Paul Hanly
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Plaintiff: Glennanda N. Vessels (WVSD CA 2:13-19009)
Represented By: Jayne Conroy
Represented By: John J. Foley
Represented By: Paul Hanly
Represented By: Trent B. Miracle
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Plaintiff: Florene Manship (WVSD CA 2:13-19013)
Represented By: Michael Leslie Hodges
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Plaintiff: Jo Ann Reding (WVSD CA 2:13-19126)
Represented By: Piper L. Morrison
Represented By: Steven James Skikos
Represented By: Matthew J. Skikos
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Plaintiff: George Michael Reding (WVSD CA 2:13-19126)
Represented By: Steven James Skikos
Represented By: Matthew J. Skikos
Represented By: Piper L. Morrison
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Plaintiff: Cherie L. Harper (WVSD CA 2:13-19130)
Represented By: Matthew J. Skikos
Represented By: Melissa Erin Mielke
Represented By: Philip Bohrer
Represented By: Scott E. Brady
Represented By: Steven James Skikos
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Plaintiff: Cherie Harper (WVSD CA 2:13-19130)
Represented By: Scott E. Brady
Represented By: Steven James Skikos
Represented By: Piper L. Morrison
Represented By: Matthew J. Skikos
Represented By: Melissa Erin Mielke
Represented By: Philip Bohrer
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Plaintiff: Victoria Craft (WVSD CA 2:13-19162)
Represented By: Sean Patrick Tracey
Represented By: Shawn P. Fox
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Plaintiff: Carl Craft (WVSD CA 2:13-19162)
Represented By: Sean Patrick Tracey
Represented By: Shawn P. Fox
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Plaintiff: Earnestine Fox (WVSD CA 2:13-19263)
Represented By: Kay L. Van Wey
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Plaintiff: Pam Dockery (WVSD CA 2:13-19376)
Represented By: John C. Thornton, III
Represented By: Karren Schaeffer
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Plaintiff: Bryan Dockery (WVSD CA 2:13-19376)
Represented By: John C. Thornton, III
Represented By: Karren Schaeffer
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Plaintiff: Patricia Corbitt (WVSD CA 2:13-19535)
Represented By: Richard A. Capshaw
Represented By: Tim K. Goss
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Plaintiff: Lynda Holmes (WVSD CA 2:13-19551)
Represented By: Aimee H. Wagstaff
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Plaintiff: Janice Perkins (WVSD CA 2:13-19553)
Represented By: Randi Kassan
Represented By: Aimee H. Wagstaff
Represented By: Marc D. Grossman
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Plaintiff: Patricia Anne Pinette (WVSD CA 2:13-19563)
Represented By: Howard L. Nations
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Plaintiff: Zena A. Kimbrell (WVSD CA 2:13-19601)
Represented By: Kyla Cole
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Plaintiff: Bruce A. Kimbrell (WVSD CA 2:13-19601)
Represented By: Kyla Cole
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Plaintiff: Bruce Kimbrell (WVSD CA 2:13-19601)
Represented By: Kyla Cole
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Plaintiff: Dorothy Sanders (WVSD CA 2:13-19776)
Represented By: Lee B. Balefsky
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Plaintiff: Jeanette Case (WVSD CA 2:13-19794)
Represented By: Christopher W. Cantrell
Represented By: William J. Doyle, II
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Plaintiff: Richard Case (WVSD CA 2:13-19794)
Represented By: William J. Doyle, II
Represented By: Christopher W. Cantrell
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Plaintiff: Maxine St. Cyr (WVSD CA 2:13-19812)
Represented By: Amanda Robinson
Represented By: Mark P. Robinson, Jr.
Represented By: Shannon Lukei
Represented By: Willard J. Moody, Jr.
Represented By: Karen Barth Menzies
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Plaintiff: Geraldine J. Leverett (WVSD CA 2:13-19826)
Represented By: Tonya L. Melnichenko
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Plaintiff: Wiley L. Leverett (WVSD CA 2:13-19826)
Represented By: Tonya L. Melnichenko
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Plaintiff: Theresa Campbell (WVSD CA 2:13-19834)
Represented By: G. Sean Jez
Represented By: Karen Beyea-Schroeder
Represented By: Rand Patrick Nolen
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Plaintiff: Theresa Ann Campbell (WVSD CA 2:13-19834)
Represented By: Karen Beyea-Schroeder
Represented By: Howard L. Nations
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Plaintiff: Michele Lambert (WVSD CA 2:13-19928)
Represented By: Daniel S. Robinson
Represented By: Mark P. Robinson, Jr.
Represented By: Shannon Lukei
Represented By: Willard J. Moody, Jr.
Represented By: Karen Barth Menzies
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Plaintiff: Jeffrey Lambert (WVSD CA 2:13-19928)
Represented By: Daniel S. Robinson
Represented By: Karen Barth Menzies
Represented By: Mark P. Robinson, Jr.
Represented By: Shannon Lukei
Represented By: Willard J. Moody, Jr.
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Plaintiff: Stacey A. Fleming (WVSD CA 2:13-19932)
Represented By: G. Sean Jez
Represented By: Karen Beyea-Schroeder
Represented By: Rand Patrick Nolen
Represented By: Howard L. Nations
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Plaintiff: Judy A. Enlow (WVSD CA 2:13-19948)
Represented By: Kyla Cole
Represented By: Leslie C. MacLean
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Plaintiff: Tracy H. Enlow (WVSD CA 2:13-19948)
Represented By: Kyla Cole
Represented By: Leslie C. MacLean
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Plaintiff: Shirley McKee (WVSD CA 2:13-19970)
Represented By: G. Sean Jez
Represented By: Karen Beyea-Schroeder
Represented By: Rand Patrick Nolen
Represented By: Howard L. Nations
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Plaintiff: Wannetta Teachout (WVSD CA 2:13-20027)
Represented By: Mark W. Davis
Represented By: Martin Daniel Crump
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Plaintiff: Wanetta Teachout (WVSD CA 2:13-20027)
Represented By: Mark W. Davis,
Represented By: Martin Daniel Crump
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Plaintiff: Anita Dotson (WVSD CA 2:13-20098)
Represented By: Jacob Plattenberger
Represented By: Tor A. Hoerman
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Plaintiff: Diane Palumbo (WVSD CA 2:13-20106)
Represented By: Amanda Lynn Washington
Represented By: Daniel J. McGlynn
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Plaintiff: Dominic Palumbo (WVSD CA 2:13-20106)
Represented By: Amanda Lynn Washington
Represented By: Daniel J. McGlynn
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Plaintiff: Chara Leian Janysek (WVSD CA 2:13-20137)
Represented By: Howard L. Nations
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Plaintiff: Jerrett Lyn Janysek (WVSD CA 2:13-20137)
Represented By: Howard L. Nations
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Plaintiff: Beverly Baker (WVSD CA 2:13-20197)
Represented By: Ryan J. Browne
Represented By: Spencer Paul Browne
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Plaintiff: Tim Baker (WVSD CA 2:13-20197)
Represented By: Ryan J. Browne
Represented By: Spencer Paul Browne
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Plaintiff: Melinda Friend (WVSD CA 2:13-20199)
Represented By: W. Mark Lanier
Represented By: Dana B. Taschner
Represented By: David Kuttles
Represented By: Kelly A. Fitzpatrick
Represented By: Lee A. Cirsch
Represented By: Michael A. Akselrud
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Plaintiff: Trinity Johnson (WVSD CA 2:13-20205)
Represented By: Kelly A. Fitzpatrick
Represented By: Lee A. Cirsch
Represented By: W. Mark Lanier
Represented By: Dana B. Taschner
Represented By: David Kuttles
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Plaintiff: Christine Renfroe (WVSD CA 2:13-20340)
Represented By: Koren Leslie Cohen
Represented By: Michael A. London
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Plaintiff: Timothy Scott Renfroe, Sr. (WVSD CA 2:13-20340)
Represented By: Koren Leslie Cohen
Represented By: Michael A. London
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Plaintiff: Shelethia Baldwin (WVSD CA 2:13-20345)
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: Douglass Alan Kreis
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Plaintiff: Barbara Elaine Blythe (WVSD CA 2:13-20346)
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: Douglass Alan Kreis
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Plaintiff: Vera Dors Calkins (WVSD CA 2:13-20348)
Represented By: Douglass Alan Kreis
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: William J. Doyle, II
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Plaintiff: Sandra Jean Chaney (WVSD CA 2:13-20349)
Represented By: Brandon Stewart Morris
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: Douglass Alan Kreis
Represented By: Patty Ann Trantham
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Plaintiff: Myrna L. Demarcus (WVSD CA 2:13-20350)
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: Douglass Alan Kreis
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Plaintiff: Ivon Segura Fuentes (WVSD CA 2:13-20351)
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: Douglass Alan Kreis
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Plaintiff: Patricia Ruth Gamble (WVSD CA 2:13-20352)
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: Douglass Alan Kreis
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Plaintiff: Judy Maxine Gower (WVSD CA 2:13-20353)
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: Douglass Alan Kreis
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Plaintiff: Pamela G. Hampton (WVSD CA 2:13-20354)
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: Douglass Alan Kreis
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Plaintiff: Alaine Robin Harris (WVSD CA 2:13-20355)
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: Douglass Alan Kreis
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Plaintiff: Charlene H. Highbaugh (WVSD CA 2:13-20356)
Represented By: Brandon Stewart Morris
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: Douglass Alan Kreis
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Plaintiff: Inez Laister (WVSD CA 2:13-20358)
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: Douglass Alan Kreis
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Plaintiff: Connie Jean Lingo (WVSD CA 2:13-20359)
Represented By: D. Renee Baggett
Represented By: Brian P. Galligan
Represented By: Bryan F. Aylstock
Represented By: Douglass Alan Kreis
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Plaintiff: Kimberly C. Martin (WVSD CA 2:13-20360)
Represented By: Bryan F. Aylstock
Represented By: Douglass Alan Kreis
Represented By: D. Renee Baggett
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Plaintiff: Tomasa Oropeza (WVSD CA 2:13-20361)
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: Douglass Alan Kreis
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Plaintiff: Gloria Razo (WVSD CA 2:13-20362)
Represented By: Bryan F. Aylstock
Represented By: Douglass Alan Kreis
Represented By: D. Renee Baggett
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Plaintiff: Gloria Elena Razo (WVSD CA 2:13-20362)
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: Douglass Alan Kreis
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Plaintiff: Wanda Jean Rhodes (WVSD CA 2:13-20363)
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: Douglass Alan Kreis
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Plaintiff: Nancy Ann Roberts (WVSD CA 2:13-20364)
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: Douglass Alan Kreis
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Plaintiff: Juana Maria Rogers (WVSD CA 2:13-20365)
Represented By: Brandon Stewart Morris
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: Douglass Alan Kreis
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Plaintiff: Deborah A. Rohrer (WVSD CA 2:13-20366)
Represented By: D. Renee Baggett
Represented By: Bryan F. Aylstock
Represented By: Douglass Alan Kreis
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Plaintiff: Patricia Ann Santiago (WVSD CA 2:13-20367)
Represented By: Bryan F. Aylstock
Represented By: Christopher John Zimmerman
Represented By: D. Renee Baggett
Represented By: Douglass Alan Kreis
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Plaintiff: Joyce M. Smead (WVSD CA 2:13-20368)
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: Douglass Alan Kreis
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Plaintiff: Beatrice Elizabeth Vest (WVSD CA 2:13-20369)
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: Douglass Alan Kreis
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Plaintiff: Toni Maria Watkins (WVSD CA 2:13-20370)
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: Daniel J. Thornburgh
Represented By: Douglass Alan Kreis
Represented By: Michael Brandon Smith
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Plaintiff: Darlene Wright (WVSD CA 2:13-20371)
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: Douglass Alan Kreis
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Plaintiff: Carol Scott (WVSD CA 2:13-20449)
Represented By: Michael T. Gallagher
Represented By: Richard A. Capshaw
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Plaintiff: Pamela J. Ailey (WVSD CA 2:13-20496)
Represented By: D. Renee Baggett
Represented By: Bryan F. Aylstock
Represented By: Douglass Alan Kreis
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Plaintiff: Sandra S. Roth (WVSD CA 2:13-20497)
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: Douglass Alan Kreis
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Plaintiff: Terry Roth (WVSD CA 2:13-20497)
Represented By: Bryan F. Aylstock
Represented By: Douglass Alan Kreis
Represented By: D. Renee Baggett
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Plaintiff: Frances Hogan (WVSD CA 2:13-20609)
Represented By: C. Andrew Childers
Represented By: Michael Brandon Smith
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Plaintiff: Robert Hogan (WVSD CA 2:13-20609)
Represented By: C. Andrew Childers
Represented By: Michael Brandon Smith
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Plaintiff: Martha Robinson (WVSD CA 2:13-20610)
Represented By: C. Andrew Childers
Represented By: Michael Brandon Smith
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Plaintiff: Carol Gann (WVSD CA 2:13-20698)
Represented By: Andy Dow Birchfield, Jr.
Represented By: Leslie W. O'Leary
Represented By: Michael L. Williams
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Plaintiff: Donna Howard (WVSD CA 2:13-20738)
Represented By: John C. Thornton, III
Represented By: Karren Schaeffer
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Plaintiff: Josh Howard (WVSD CA 2:13-20738)
Represented By: John C. Thornton, III
Represented By: Karren Schaeffer
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Plaintiff: Pamela G. Rettele (WVSD CA 2:13-20792)
Represented By: Kyla Cole
Represented By: Leslie C. MacLean
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Plaintiff: David Rettele (WVSD CA 2:13-20792)
Represented By: Kyla Cole
Represented By: Leslie C. MacLean
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Plaintiff: Chara Janysek (WVSD CA 2:13-20817)
Represented By: Sylvia Davidow
Represented By: Karen Beyea-Schroeder
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Plaintiff: Jerrett Janysek (WVSD CA 2:13-20817)
Represented By: Karen Beyea-Schroeder
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Plaintiff: Juana Rivera (WVSD CA 2:13-20818)
Represented By: Rand Patrick Nolen
Represented By: G. Sean Jez
Represented By: Karen Beyea-Schroeder
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Plaintiff: Gomez Rivera (WVSD CA 2:13-20818)
Represented By: G. Sean Jez
Represented By: Karen Beyea-Schroeder
Represented By: Rand Patrick Nolen
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Plaintiff: Beverly Stevens-Jones (WVSD CA 2:13-20821)
Represented By: Andrew S. Williams
Represented By: Daniel N. Gallucci
Represented By: Dianne M. Nast
Represented By: Michele S. Burkholder
Represented By: Trent B. Miracle
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Plaintiff: Steven Jones (WVSD CA 2:13-20821)
Represented By: Andrew S. Williams
Represented By: Daniel N. Gallucci
Represented By: Dianne M. Nast
Represented By: Michele S. Burkholder
Represented By: Trent B. Miracle
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Plaintiff: Pamela Christian (WVSD CA 2:13-20841)
Represented By: Karen Beyea-Schroeder
Represented By: Sylvia Davidow
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Plaintiff: Michael Christian (WVSD CA 2:13-20841)
Represented By: Karen Beyea-Schroeder
Represented By: Sylvia Davidow
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Plaintiff: Lisa Compagna (WVSD CA 2:13-20913)
Represented By: G. Sean Jez
Represented By: Karen Beyea-Schroeder
Represented By: Rand Patrick Nolen
Represented By: Sylvia Davidow
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Plaintiff: Karen Stoner (WVSD CA 2:13-20977)
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: Douglass Alan Kreis
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Plaintiff: Donna Clark (WVSD CA 2:13-21074)
Represented By: Michael Brandon Smith
Represented By: Walter Kelley
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Plaintiff: Ola A. Lyons (WVSD CA 2:13-21164)
Represented By: Andy Dow Birchfield, Jr.
Represented By: P. Leigh O'Dell
Represented By: Wesley Chadwick Cook
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Plaintiff: George E. Lyons (WVSD CA 2:13-21164)
Represented By: Andy Dow Birchfield, Jr.
Represented By: P. Leigh O'Dell
Represented By: Wesley Chadwick Cook
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Plaintiff: Mary Sue Hoyle (WVSD CA 2:13-21240)
Represented By: Andy Dow Birchfield, Jr.
Represented By: David B. Byrne, III
Represented By: P. Leigh O'Dell
Represented By: Richard D. Hailey
Represented By: Wesley Chadwick Cook
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Plaintiff: Linda Ralston (WVSD CA 2:13-21242)
Represented By: Ellen A. Presby
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Plaintiff: Terry Ralston (WVSD CA 2:13-21242)
Represented By: Ellen A. Presby
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Plaintiff: Kathy Christian (WVSD CA 2:13-21245)
Represented By: Jeffrey M. Kuntz
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Plaintiff: J. C. Christian, Jr. (WVSD CA 2:13-21245)
Represented By: Jeffrey M. Kuntz
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Plaintiff: Susan Davis (WVSD CA 2:13-21251)
Represented By: Jeffrey M. Kuntz
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Plaintiff: Troy Davis (WVSD CA 2:13-21251)
Represented By: Jeffrey M. Kuntz
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Plaintiff: Evelyn Racca (WVSD CA 2:13-21252)
Represented By: Jeffrey M. Kuntz
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Plaintiff: Pete Racca (WVSD CA 2:13-21252)
Represented By: Jeffrey M. Kuntz
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Plaintiff: Marie Abarr (WVSD CA 2:13-21253)
Represented By: Brian P. Galligan
Represented By: Richard W. Schulte
Represented By: Stephen Dennis Behnke
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Plaintiff: Darlene Rando (WVSD CA 2:13-21254)
Represented By: Jeffrey M. Kuntz
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Plaintiff: Matt Rando (WVSD CA 2:13-21254)
Represented By: Jeffrey M. Kuntz
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Plaintiff: Elizabeth Smith (WVSD CA 2:13-21255)
Represented By: Jeffrey M. Kuntz
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Plaintiff: Michael Smith (WVSD CA 2:13-21255)
Represented By: Jeffrey M. Kuntz
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Plaintiff: Donna Winsock (WVSD CA 2:13-21256)
Represented By: Jeffrey M. Kuntz
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Plaintiff: Donald Winsock (WVSD CA 2:13-21256)
Represented By: Jeffrey M. Kuntz
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Plaintiff: Rita Miller (WVSD CA 2:13-21257)
Represented By: Jeffrey M. Kuntz
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Plaintiff: LeRoy Kane, Sr. (WVSD CA 2:13-21257)
Represented By: Jeffrey M. Kuntz
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Plaintiff: Christal Cantrell (WVSD CA 2:13-21259)
Represented By: Jeffrey M. Kuntz
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Plaintiff: Chris Cantrell (WVSD CA 2:13-21259)
Represented By: Jeffrey M. Kuntz
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Plaintiff: Brenda Elaine Kindla (WVSD CA 2:13-21260)
Represented By: Ryan Keith Haun
Represented By: Daniel Patrick Barton
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Plaintiff: Helen Grether (WVSD CA 2:13-21266)
Represented By: Mikal C. Watts
Represented By: Ryan L. Thompson
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Plaintiff: Denise Maltzman (WVSD CA 2:13-21266)
Represented By: Mikal C. Watts
Represented By: Ryan L. Thompson
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Plaintiff: Lucille Kumpunen (WVSD CA 2:13-21266)
Represented By: Ryan L. Thompson
Represented By: Mikal C. Watts
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Plaintiff: Anne Latavitz (WVSD CA 2:13-21286)
Represented By: Derek H. Potts
Represented By: Timothy L. Sifers
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Plaintiff: Delia Perez (WVSD CA 2:13-21287)
Represented By: Derek H. Potts
Represented By: Timothy L. Sifers
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Plaintiff: Noreen Jones (WVSD CA 2:13-21288)
Represented By: Derek H. Potts
Represented By: Timothy L. Sifers
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Plaintiff: Harold Jones (WVSD CA 2:13-21288)
Represented By: Derek H. Potts
Represented By: Timothy L. Sifers
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Plaintiff: Martha Benson (WVSD CA 2:13-21289)
Represented By: Timothy L. Sifers
Represented By: Derek H. Potts
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Plaintiff: Irene Guzman (WVSD CA 2:13-21290)
Represented By: Jeffrey M. Kuntz
Represented By: Thomas P. Cartmell
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Plaintiff: Judith A. Nichols (WVSD CA 2:13-21297)
Represented By: Don K. Ledgard
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Plaintiff: Ronald L. Nichols (WVSD CA 2:13-21297)
Represented By: Don K. Ledgard
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Plaintiff: Carol Johnston (WVSD CA 2:13-21301)
Represented By: Andrew J. Cross
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Plaintiff: Theresa Crain (WVSD CA 2:13-21302)
Represented By: Andrew J. Cross
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Plaintiff: Mary Gallagher (WVSD CA 2:13-21303)
Represented By: Andrew J. Cross
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Plaintiff: Deborah A. Fortschneider (WVSD CA 2:13-21339)
Represented By: Richard W. Schulte
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Plaintiff: Stephen L. Fortschneider (WVSD CA 2:13-21339)
Represented By: Richard W. Schulte
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Plaintiff: Paula Batchelor (WVSD CA 2:13-21552)
Represented By: Derek H. Potts
Represented By: Timothy L. Sifers
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Plaintiff: Jerry Batchelor (WVSD CA 2:13-21552)
Represented By: Derek H. Potts
Represented By: Timothy L. Sifers
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Plaintiff: Tamalita Walker (WVSD CA 2:13-21567)
Represented By: John T. Boundas
Represented By: Sejal K. Brahmbhatt
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Plaintiff: Sally R. Perez (WVSD CA 2:13-21677)
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: Douglass Alan Kreis
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Plaintiff: Ellen R. Flax (WVSD CA 2:13-21678)
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: Brandon Stewart Morris
Represented By: Douglass Alan Kreis
Represented By: Joseph A. Osborne, Jr.
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Plaintiff: Deanne Cameron (WVSD CA 2:13-22015)
Represented By: Edward A. Wallace
Represented By: Karen Beyea-Schroeder
Represented By: George M. Fleming
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Plaintiff: Cynthia Duncan (WVSD CA 2:13-22388)
Represented By: William Michael Moreland
Represented By: Clayton A. Clark
Represented By: Scott A. Love
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Plaintiff: Michial David Duncan (WVSD CA 2:13-22388)
Represented By: Clayton A. Clark
Represented By: Scott A. Love
Represented By: William Michael Moreland
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Plaintiff: Shirley Raye Howell (WVSD CA 2:13-22443)
Represented By: Benjamin H. Anderson
Represented By: Bryan F. Aylstock
Represented By: Douglass Alan Kreis
Represented By: D. Renee Baggett
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Plaintiff: Fatoumeh Baghvardani (WVSD CA 2:13-22561)
Represented By: Andy Dow Birchfield, Jr.
Represented By: Wesley Chadwick Cook
Represented By: P. Leigh O'Dell
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Plaintiff: Vicky L. Conrad (WVSD CA 2:13-22625)
Represented By: Scott A. Love
Represented By: William Michael Moreland
Represented By: Clayton A. Clark
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Plaintiff: David L. Conrad (WVSD CA 2:13-22625)
Represented By: Clayton A. Clark
Represented By: Scott A. Love
Represented By: William Michael Moreland
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Plaintiff: Patricia M. Wilburn (WVSD CA 2:13-22720)
Represented By: William Michael Moreland
Represented By: Clayton A. Clark
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Consolidated plaintiff: Shelia Mansfield (WVSD CA 2:13-14710)
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: Douglass Alan Kreis
Represented By: J. Gerard Stranch, IV
Represented By: Neil D. Overholtz
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Consolidated plaintiff: Sarah Ruth Dunnington (WVSD CA 2:13-14710)
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: Douglass Alan Kreis
Represented By: J. Gerard Stranch, IV
Represented By: Neil D. Overholtz
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Consolidated plaintiff: Dennis Barfield (WVSD CA 2:13-14710)
Represented By: Bryan F. Aylstock
Represented By: D. Renee Baggett
Represented By: Douglass Alan Kreis
Represented By: J. Gerard Stranch, IV
Represented By: Neil D. Overholtz
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