Moran et al v. American Medical Systems, Inc.
| Patricia Moran and Ronald Moran |
| C. R. Bard, Inc. and American Medical Systems, Inc. |
| 2:2015cv12538 |
| August 19, 2015 |
| 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 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 13, 2018. A more recent docket listing may be available from PACER.
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Filing 14
ORDER (Dismissing Certain Cases with Prejudice) granting the Joint Motion to Dismiss with Prejudice filed in MDL 2325 by plaintiffs, identified on the attached Exhibit A, and American Medical Systems, Inc. seeking dismissal of these actions with prejudice because all claims have been compromised and settled; the actions listed on the attached Exhibit A are DISMISSED WITH PREJUDICE and STRICKEN from the docket and any motions pending in the individual cases at the time of this dismissal are DENIED AS MOOT. Signed by Judge Joseph R. Goodwin on 11/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2325; Cases Listed on Exhibit A) (st)
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Filing 13
ORDER (Dismissing Defendant C.R. Bard, Inc. with Prejudice and Transferring Cases to MDL 2325) directing that (1) the Joint Motion to Dismiss Bard with Prejudice and the plaintiffs' Motion to Transfer MDLs are GRANTED; (2) Defendant Bard is DISMISSED WITH PREJUDICE as a defendant in the actions listed in Exhibit A; (3) these actions are TRANSFERRED to MDL 2325; (4) any case listed in Exhibit A that resided in Bard Wave 7 is now subject to PTO Nos. 249 as amended by 255 entered in MDL 2325; and (5) plaintiffs' counsel is directed to file the appropriate Amended Short Form Complaint within two weeks of the date of this Order; the Clerk is directed to (1) disassociate each civil action listed in Exhibit A as a member case in MDL 2187 and reassociate it with MDL 2325; (2) for any case listed in Exhibit A that had a Bard Wave 7 flag prior to the entry of this Order, file MDL 2325, PTO Nos 249 as amended by 255 in the individual case; (3) for any case listed in Exhibit A that had a Bard Wave 7 flag prior to the entry of this Order, change the 2187 Wave 7 flag to a MDL 2325 Wave 3 flag; and (4) for any case listed in Exhibit A that had a Bard inactive flag prior to the entry of this Order, remove the Bard inactive flag. Signed by Judge Joseph R. Goodwin on 10/24/2018. (cc: attys; any unrepresented party) (REF: MDL 2187; Cases Listed in Exhibit A) (kp)
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Filing 12
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) (lca) (ADI)
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Filing 11
ORDER The deadline to submit joint motions of dismissal is extended to 10/31/2018 for all cases in MDL 2325 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2325 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 2325; Cases on inactive docket) (kp) (ADI)
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| Filing 10 CERTIFICATE OF SERVICE by Patricia Moran, Ronald Moran for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Gunn, Amy) |
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Filing 9
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") (st)
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Filing 8
INACTIVE DOCKET ORDER (Multi-Defendants) Having been advised by counsel that in the cases listed on the attached Exhibits A-C, the plaintiffs and all named defendants have reached a settlement. The Court finds it unnecessary to conduct further proceedings or to keep these cases on the active docket and ORDERS as follows: 1) all discovery deadlines are continued until further order of the Court, 2) the Clerk is directed to retire each of the cases listed on the attached Exhibits A-C from the active docket, and 3) Plaintiffs and Defendants may submit a Joint Motion to Dismiss with prejudice on or before 8/31/2018; otherwise the cases on Exhibits A-C will be dismissed without prejudice absent a request to the Court for an extension of the deadline. If a plaintiff(s) and a defendant have completed the settlement process and finalized everything necessary to dismiss the defendant, then the plaintiff(s) and that particular defendant may submit a Joint Motion to Dismiss for that particular defendant. The court is aware that counsel have agreed to a settlement model for a group of cases and claims, including those on Exhibits A-C. The Court will reinstate any case on the attached Exhibits A-C to the active docket if one of the parties, on motion, shows good cause for such reinstatement. Such motion shall be made within 5 days of rejection of the settlement. Any reinstated case, including all remaining defendants, will be subject to an expedited docket control order. The court notes that in some cases counsel have represented that they are authorized by the plaintiffs on the attached Exhibit to act on the plaintiffs' behalf with respect to settlement matters. Once settlements are finalized, dismissal orders must be signed by counsel of record. This Order is linked to the Proposed Inactive Docket Order filed at ECF No. 5350 in MDL 2187. Signed by Judge Joseph R. Goodwin on 4/9/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2187; Cases Listed on Exhibits A-C) (st)
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Filing 7
PRETRIAL ORDER # 275 (Docket Control Order - C. R. Bard Wave 7 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING C. R. BARD, INC. CASES. The court ORDERS that this Docket Control Order be filed in the main MDL and, as of the time of that filing in every case listed on Exhibit A (hereinafter "Wave 7 cases") becomes subject to the deadlines in this Docket Control Order. The stay on the Covidien Wave 1 cases is lifted and the Covidien Wave 1 cases are incorporated in the C. R. Bard Wave 7 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 7 cases: A. Scheduling Deadlines. Plaintiff Fact Sheets due by 3/19/2018, Defendant Fact Sheets due by 4/19/2018, Deadline for written discovery requests due by 5/18/2018, Expert disclosure by plaintiffs due by 6/04/2018, Expert disclosure by defendants due by 7/05/2018, Expert disclosure for rebuttal purposes due by 7/23/2018, Deposition deadline and close of discovery due by 9/04/2018, Deadline to file list of general causation experts in each individual Wave 7 case due by 9/11/2018, Filing of Dispositive Motions due by 9/21/2018, Response to Dispositive Motions due by 10/05/2018, Reply to response to dispositive motions due by 10/12/2018, Filing of Daubert motions due by 10/05/2018, Responses to Daubert motions due by 10/19/2018, and Reply to response to Daubert motions due by 10/26/2018. B.4. Confidential Documents. In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 8/10/2018, and any response is due by 8/24/2018. Any reply is due by 8/31/2018. C.1. Venue Recommendations. By no later than 8/27/2018 the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties are ORDERED to submit joint venue recommendations to the court by 9/03/2018. Additional directives are set forth herein. Signed by Judge Joseph R. Goodwin on 1/30/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2187; Bard Wave 7 Cases Listed on Exhibit A) (PMA)
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| Filing 6 PLAINTIFF PROFILE FORM filed by Patricia Moran, Ronald Moran. (Gunn, Amy) |
| Filing 5 PLAINTIFF PROFILE FORM filed by Patricia Moran, Ronald Moran. (Gunn, Amy) |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Richard B. North, Jr on behalf of C. R. Bard, Inc.. (North, Richard) |
| Filing 3 WAIVER OF SERVICE EXECUTED. Waiver signed by Richard B.North, Jr. on 09/15/2015. C. R. Bard, Inc. waiver mailed on 9/1/2015, answer due 11/2/2015. (North, Richard) |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 184 (Order re: Dismissal of Cross-Claims) entered on 08/05/2015 in MDL 2187 to attorneys in member case. (kp) |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-4081275. (Attachment: #1 Civil Cover Sheet) (mh) |
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