Erke et al v. C. R. Bard, Inc.
| Carla Erke and Phillip R. Erke |
| Cook Incorporated, Cook Biotech, Inc., Cook Medical, Inc., C. R. Bard, Inc. and American Medical Systems, Inc. |
| 2:2015cv12615 |
| August 23, 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 March 14, 2019. A more recent docket listing may be available from PACER.
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Filing 26
ORDER (Dismissing Cases with Prejudice) granting the Joint Motion by Certain Plaintiffs, C. R. Bard, Inc. to Dismiss With Prejudice filed in MDL 2187 by plaintiffs, identified on the attached Exhibit, and C. R. Bard, Inc. seeking dismissal of these actions with prejudice because all claims have been compromised and settled; the actions listed on the attached Exhibit 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 3/14/2019. (cc: attys; any unrepresented party) (REF: MDL 2187; Cases Listed on Exhibit) (kab) (ADI)
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| Filing 25 AMENDED SHORT FORM COMPLAINT filed by Carla Erke, Phillip R. Erke against C. R. Bard, Inc. (Kuntz, Jeffrey) |
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Filing 24
ORDER (Dismissing Defendant American Medical Systems, Inc. with Prejudice and Transferring Cases to MDL 2187) granting the Joint Motion to Dismiss Defendant American Medical Systems, Inc. with Prejudice filed in MDL 2325 by the plaintiffs, identified in Exhibits A-D, and American Medical Systems, Inc., seeking dismissal of AMS as a defendant in these actions with prejudice because all claims against AMS have been compromised and settled and Plaintiffs' MOTION to Transfer MDLs; Defendant AMS is DISMISSED WITH PREJUDICE as a defendant in the actions listed in Exhibits A-D, these actions are TRANSFERRED to MDL 2187, and the Clerk is directed to disassociate these civil actions as member cases in MDL 2325 and re-associate them with MDL 2187. Signed by Judge Joseph R. Goodwin on 10/15/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2325; Cases Listed on Exhibits A-D) (brn)
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Filing 23
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) (ts) (ADI)
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Filing 22
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 21
INACTIVE DOCKET ORDER (Multi-Defendants) Having been advised by counsel that in the cases listed on the attached Exhibits A-E, 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-E 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-E 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-E. The Court will reinstate any case on the attached Exhibits A-E 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 exhibits 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. 5802 filed in MDL 2325. Signed by Judge Joseph R. Goodwin on 5/17/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2325; Cases Listed on Exhibits A-E) (st)
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Filing 20
PRETRIAL ORDER # 249 (Docket Control Order - American Medical Systems Inc. Wave 3 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING AMERICAN MEDICAL SYSTEMS, 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 3 cases") becomes subject to the deadlines in this Docket Control Order. For any case(s) in the American Medical Systems, Inc. MDL with a Covidien Wave 1 flag, the stay on the flagged Covidien Wave 1 case is lifted and the Covidien Wave 1 case is incorporated in the American Medical Systems, Inc., Wave 3 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 3 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 3 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 2325; AMS Wave 3 Cases Listed on Exhibit A) (kab)
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Filing 19
ORDER granting #17 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; 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; attys; any unrepresented party) (kp)
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Filing 18
STIPULATION OF DISMISSAL/ORDER The Cook Defendants are dismissed with prejudice, each party to bear its own costs and attorneys' fees. Signed by Judge Joseph R. Goodwin on 9/11/2017. (cc: attys; any unrepresented party) (kp)
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| Filing 17 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. (Attachment: #1 Proposed Order)(King, Douglas) |
| Filing 16 STIPULATION OF DISMISSAL With Prejudice as to Cook Incorporated, Cook Biotech, Inc. and Cook Medical, Inc. only by Cook Incorporated, Cook Biotech, Inc., Cook Medical, Inc., Carla Erke, Phillip R. Erke (King, Douglas) (Modified on 9/7/2017 to add party filers) (mek). |
| Filing 15 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. (mks) |
| Filing 14 PLAINTIFF PROFILE FORM filed by Carla Erke. (Cartmell, Thomas) |
| Filing 13 PLAINTIFF PROFILE FORM filed by Carla Erke. (Cartmell, Thomas) |
| Filing 12 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael J. Farrell on behalf of American Medical Systems, Inc.. (Farrell, Michael) |
| Filing 11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Erik W. Legg on behalf of American Medical Systems, Inc.. (Legg, Erik) |
| Filing 10 AMENDED SHORT FORM COMPLAINT filed by Carla Erke, Phillip R. Erke against Cook Incorporated, Cook Biotech, Inc., Cook Medical, Inc., American Medical Systems, Inc. ("AMS"), C. R. Bard, Inc. ("Bard"). (Kuntz, Jeffrey) |
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Filing 9
Order granting Motions filed in MDL 2440: 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 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 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)
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| Filing 8 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by James M. Boyers on behalf of Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc.. (Boyers, James) |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Justin Andrew Kashman on behalf of Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc.. (Kashman, Justin) |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jennifer Lynn Schuster on behalf of Cook Biotech, Inc., Cook Incorporated, Cook Medical, Inc.. (Schuster, Jennifer) |
| Filing 5 AMENDED SHORT FORM COMPLAINT filed by Carla Erke, Phillip R. Erke against Cook Incorporated, Cook Biotech, Inc., Cook Medical, Inc., C. R. Bard, Inc. ("Bard"). (Kuntz, Jeffrey) (Modified on 10/27/2015 to add party filer) (skh). |
| 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 10/01/2015. C. R. Bard, Inc. waiver mailed on 9/11/2015, answer due 11/10/2015. (North, Richard) |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 63 (Second Amended Docket Control Order for Remaining Cook MDL Cases and Order Granting Plaintiffs' Unopposed Motion for Extension) entered on 07/20/2015 in MDL 2440 to attorneys in member case. (Attachment: #1 Exhibit A) (kp) |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-4087107. (Attachment: #1 Civil Cover Sheet) (tlg) |
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