Martley v. C. R. Bard, Inc. et al
| Connie M. Martley, Judith A. Segall, Cindy Bock, George Bock, Peggy Mae Combs, Jacqueline Kay Dodson, Nancy A. Frelin, Sally Kay Griggs, Joanne A. Keisling, Faye A. Kenyon, Kathy M. Llewellyn, Robert Llewellyn, Marie Mckay, Donna Maerose Pagel, Kimberly Ann Payne, Joan K. Stray, Gynne Ellen Van Dyke, Hattie Vickery, Constance M. Wedam, Sharon T. White, Marilyn S. Wilcox, Mary K. Wheeler, Nancy Berry, Deborah Preede Bellanca, Sandra C. Pareja Pedro, Robbie Henry and Carol Van Galder |
| Covidien Inc., Covidien, LLC, Covidien plc, C. R. Bard, Inc., Sofradim Production SAS, Tissue Science Laboratories Limited, Boston Scientific Corporation and John Doe Corporations 1-50 |
| 2:2014cv28747 |
| November 20, 2014 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| XX US, Outside State |
| Joseph R Goodwin |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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Filing 41
ORDER (Dismissing Cases With Prejudice) granting the #40 Motion to Dismiss with Prejudice; the cases listed on attached Exhibit A are DISMISSED WITH PREJUDICE and STRICKEN from the docket. Signed by Judge Joseph R. Goodwin on 10/1/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2187; Cases Listed on Exhibit A) (btm)
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| Filing 40 MOTION by Tissue Science Laboratories Limited, C. R. Bard, Inc. to Dismiss With Prejudice. (Ross, Devin) (Modified on 9/4/2018 to add party filer) (kp). |
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Filing 39
ORDER The deadline to submit joint motions of dismissal is extended to 10/31/2018 for all cases in MDL 2187 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2187 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 8/15/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2187; Cases on inactive docket) (pma)
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Filing 38
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 Bard 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 Bard Inactive" flag, for reasons set forth herein. Signed by Judge Joseph R. Goodwin on 4/26/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2187; Member Cases Flagged "Closed" and "MDL Bard Inactive") (lca) (ADI)
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Filing 37
ORDER The deadline to submit joint motions of dismissal is extended to 8/31/2018 for all cases in MDL 2187 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2187 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 3/16/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2187; Cases on inactive docket). (mek) (ADI)
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Filing 36
ORDER The deadline to submit joint motions of dismissal is extended to 3/31/2018 for all cases in MDL 2187 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2187 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 10/19/2017. (cc: counsel of record; any unrepresented party) (REF: MDL 2187; Cases on inactive docket) (cl)
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Filing 35
INACTIVE DOCKET ORDER: The court has been advised that the Plaintiff(s) and Defendants have reached a settlement. All discovery deadlines are continued until further order of the court. The Clerk is directed to retire this case from the active docket. Plaintiff(s) and Defendants may submit an agreed order of dismissal with prejudice on or before 2/17/2017; if settlements are not finalized and dismissal orders are not submitted by then the Court will have a hearing to determine the appropriate action pertaining to any remaining cases on the inactive docket. Counsel for plaintiffs and defendant(s) are directed to provide quarterly reports as to their progress in dismissing cases on the inactive docket. The court will reinstate the case to the active docket if one of the parties shows good cause for such reinstatement. This Order is related to the Proposed Inactive Docket Order filed at ECF No. 2582 in MDL Case No. 2187 Bard. Signed by Judge Joseph R. Goodwin on 10/26/2016. (cc: attys; any unrepresented party) (kll)
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| Filing 34 WAIVER OF SERVICE EXECUTED. Waiver signed by Deborah A. Moeller on 03/09/2016. Tissue Science Laboratories Limited waiver mailed on 3/8/2016, answer due 5/9/2016. (Moeller, Deborah) |
| Filing 33 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Micah L. Hobbs on behalf of Tissue Science Laboratories Limited. (Hobbs, Micah) |
| Filing 32 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Micah L. Hobbs on behalf of Tissue Science Laboratories Limited. (Hobbs, Micah) |
| Filing 31 AMENDED SHORT FORM COMPLAINT filed by Connie M. Martley against C. R. Bard, Inc. ("Bard"), Tissue Science Laboratories Limited ("TSL"). (Kreis, Douglass) |
| Filing 30 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Douglass Alan Kreis on behalf of Connie M. Martley. (Kreis, Douglass) |
| Filing 29 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Bryan F. Aylstock on behalf of Connie M. Martley. (Aylstock, Bryan) |
| Filing 28 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by D. Renee Baggett on behalf of Connie M. Martley. (Baggett, D.) |
| Filing 27 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Deborah A. Moeller on behalf of Sofradim Production SAS, Tissue Science Laboratories Limited. (Moeller, Deborah) |
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Filing 26
PRETRIAL ORDER # 151 (Final Order Regarding Severance of Actions) Having received no objections pursuant to PTO # 147 entered 11/21/2014, 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 in the following case: 2:14-cv-28747, Martley, et al. v. Covidien, Inc. et al. Signed by Judge Joseph R. Goodwin on 12/9/2014. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: MDL 2187, 2:10-md-2187 and 2:14-cv-28747, Martley, et al.) (ts)
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| Filing 25 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Bonasso on behalf of Boston Scientific Corporation. (Bonasso, Michael) |
| Filing 24 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jon A. Strongman on behalf of Boston Scientific Corporation. (Strongman, Jon) |
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Filing 23
PRETRIAL ORDER #147 (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 12/08/2014; objections to this PTO due on/by 12/01/2014. Signed by Judge Joseph R. Goodwin on 11/21/2014. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: MDL 2327; 2:14-cv-28747, Martley, et al. v. Covidien Inc., et al.)(ts)
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| Filing 22 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Melissa Foster Bird on behalf of C. R. Bard, Inc.. (Bird, Melissa) |
| Filing 21 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Richard B. North, Jr on behalf of C. R. Bard, Inc.. (North, Richard) |
| Filing 20 TRANSMITTED PRETRIAL ORDER # 146 (Defendant C.R. Bard, Inc.'s Motion for Protective Order Precluding Plaintiffs' EleventhRequest for Production of Documents and Interrogatories to C.R. Bard) entered on 11/12/2014 in MDL 2187 to attorneys in member case. (kw) |
| Filing 19 CASE TRANSFERRED IN from the Massachusetts; Case Number 1:14-cv-13852. Original file certified copy of transfer order and docket sheet received. |
| Filing 18 Case ELECTRONICALLY transferred to the Southern District of West Virginia pursuant to Conditional Transfer Order entered by the MDL Panel on 10/30/14. (Jones, Sherry) [Transferred from Massachusetts on 11/20/2014.] |
| Filing 17 Certified copy of MDL Conditional Transfer Order number 157 in MDL Case 2187 received from the Southern District of West Virginia requesting transfer of case for consolidated pretrial proceedings. (Jones, Sherry) [Transferred from Massachusetts on 11/20/2014.] |
| Filing 16 NOTICE of Appearance by Timothy D. Johnston on behalf of C.R. Bard, Inc. (Johnston, Timothy) [Transferred from Massachusetts on 11/20/2014.] |
| Filing 15 MEMORANDUM in Support re #4 MOTION to Stay PENDING A TRANSFER TO IN RE: C. R. BARD, INC., PELVIC REPAIR SYS. PRODS. LIAB. LITIG., MDL NO. 2187 filed by Deborah Preede Bellanca, Nancy Berry, Cindy Bock, George Bock, Peggy Mae Combs, Jacqueline Kay Dodson, Nancy A Frelin, Sally Kay Griggs, Robbie Henry, Joanne A Keisling, Faye A Kenyon, Kathy M Llewellyn, Robert Llewellyn, Connie M Martley, Marie Mckay, Donna Maerose Pagel, Sandra C Pareja Pedro, Kimberly Ann Payne, Judith A Segall, Joan K Stray, Gynne Ellen Van Dyke, Carol Van Galder, Hattie Vickery, Constance M Wedam, Mary K Wheeler, Sharon T White, Marilyn S Wilcox. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Appel, Michael) [Transferred from Massachusetts on 11/20/2014.] |
| Filing 14 Informational copy of MDL Conditional Transfer Order number 157 in MDL Case 2187 received from the mdl panel requesting transfer of case for consolidated pretrial proceedings (Jones, Sherry) [Transferred from Massachusetts on 11/20/2014.] |
| Filing 13 Judge Rya W. Zobel: ENDORSED ORDER entered granting #4 Motion to Stay (Urso, Lisa) [Transferred from Massachusetts on 11/20/2014.] |
| Filing 12 STATE COURT Record. (Knipper, Christine) [Transferred from Massachusetts on 11/20/2014.] |
| Filing 11 CORPORATE DISCLOSURE STATEMENT by C.R. Bard, Inc.. (Clendenen, Patrick) [Transferred from Massachusetts on 11/20/2014.] |
| Filing 10 RESPONSE to Motion re #4 MOTION to Stay PENDING A TRANSFER TO IN RE: C. R. BARD, INC., PELVIC REPAIR SYS. PRODS. LIAB. LITIG., MDL NO. 2187 filed by C.R. Bard, Inc.. (Clendenen, Patrick) [Transferred from Massachusetts on 11/20/2014.] |
| Filing 9 ANSWER to Complaint with Jury Demand by C.R. Bard, Inc..(Clendenen, Patrick) [Transferred from Massachusetts on 11/20/2014.] |
| Filing 8 ANSWER to Complaint with Jury Demand by Covidien Inc., Covidien LLC, Covidien plc.(Knipper, Christine) [Transferred from Massachusetts on 11/20/2014.] |
| Filing 7 SUMMONS Returned Executed Boston Scientific Corporation served on 10/9/2014, answer due 10/30/2014. (Appel, Michael) [Transferred from Massachusetts on 11/20/2014.] |
| Filing 6 EXHIBIT re #4 MOTION to Stay PENDING A TRANSFER TO IN RE: C. R. BARD, INC., PELVIC REPAIR SYS. PRODS. LIAB. LITIG., MDL NO. 2187 - EXHIBIT A: PROPOSED ORDER - by Covidien Inc.. (Knipper, Christine) [Transferred from Massachusetts on 11/20/2014.] |
| Filing 5 MEMORANDUM in Support re #4 MOTION to Stay PENDING A TRANSFER TO IN RE: C. R. BARD, INC., PELVIC REPAIR SYS. PRODS. LIAB. LITIG., MDL NO. 2187 filed by Covidien Inc.. (Knipper, Christine) [Transferred from Massachusetts on 11/20/2014.] |
| Filing 4 MOTION to Stay PENDING A TRANSFER TO IN RE: C. R. BARD, INC., PELVIC REPAIR SYS. PRODS. LIAB. LITIG., MDL NO. 2187 by Covidien Inc..(Knipper, Christine) [Transferred from Massachusetts on 11/20/2014.] |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Rya W. Zobel assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Robert B. Collings. (Abaid, Kimberly) [Transferred from Massachusetts on 11/20/2014.] |
| Filing 2 Certified Copy of Notice of Removal Provided to Defense Counsel by mail (Paine, Matthew) [Transferred from Massachusetts on 11/20/2014.] |
| Filing 1 NOTICE OF REMOVAL by Covidien Inc. ( Filing fee: $ 400, receipt number 0101-5231643 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Declaration, #3 Exhibit C - Consent, #4 Exhibit D - Consent, #5 Exhibit E - Consent, #6 Civil Cover Sheet, #7 Category Sheet)(Knipper, Christine) [Transferred from Massachusetts on 11/20/2014.] |
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