Gillenwater et al v. Cook Incorporated et al
Plaintiff: Rebecca Gillenwater and Melody Carol Gillenwater
Defendant: Cook Incorporated, Cook Medical Incorporated, Cook Group Incorporated and Cook Medical, LLC
Case Number: 3:2021cv00437
Filed: August 4, 2021
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Robert C Chambers
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 30, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 30, 2021 Filing 17 CONFIRMATION from Southern District of Indiana that the case has been opened in that district as 1:21-cv-06620, filed 09/30/2021. (kew)
September 30, 2021 Filing 16 CONDITIONAL TRANSFER ORDER (CTO-166) JUDICIAL PANEL ON MDL: certified copy from the Southern District of Indiana transferring this action to the USDC/SDIN for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. 1407. Signed by John W. Nichols, Clerk of the Panel on 9/30/2021. (cc: attys) (kew)
September 30, 2021 Filing 15 NOTIFICATION FROM JUDICIAL PANEL ON MULTIDISTRICT LITIGATION re: Conditional Transfer Order (CTO-166), MDL 2570. (kew)
September 28, 2021 Filing 14 RETURN RECEIPT CARD received re: #10 Entry of Default by Clerk; delivered to Cook Medical LLC on 9/27/2021. (jsa)
September 28, 2021 Filing 13 RETURN RECEIPT CARD received re: #10 Entry of Default by Clerk; delivered to Cook Group Incorporated on 9/27/2021. (jsa)
September 28, 2021 Filing 12 RETURN RECEIPT CARD received re: #10 Entry of Default by Clerk; delivered to Cook Medical Incorporated on 9/27/2021. (jsa)
September 28, 2021 Filing 11 RETURN RECEIPT CARD received re: #10 Entry of Default by Clerk; delivered to Cook Incorporated on 9/27/2021. (jsa)
September 23, 2021 Filing 10 ENTRY OF DEFAULT BY CLERK as to Cook Group Incorporated, Cook Incorporated, Cook Medical Incorporated, Cook Medical, LLC. (Attachments: #1 certified mail receipt, Cook Incorporated, #2 certified mail receipt, Cook Medical Incorporated, #3 certified mail receipt, Cook Group Incorporated, #4 certified mail receipt, Cook Medical, LLC) (cc: counsel of record; defendants via certified mail) (jsa)
September 23, 2021 Opinion or Order Filing 9 ORDER directing the Clerk to enter a default, pursuant to Fed. R. Civ. P. 55(a), against the Defendants Cook Incorporated, Cook Medical Incorporated, Cook Group Incorporated, and Cook Medical, LLC; further directing counsel for Plaintiff to file the appropriate motions and affidavits, or to arrange for the necessary evidentiary hearing, to facilitate the entry of default judgment, pursuant to Fed. R. Civ. P. 55(b), within twenty days of the entry of this Order. Signed by Judge Robert C. Chambers on 9/23/2021. (cc: counsel of record; any unrepresented parties) (jsa)
September 3, 2021 NOTICE OF DOCKET CORRECTION re: 4 Summons Returned Executed. Error: Incorrect event selected and images for proof of service filed as one document. Correction: Detached images and added the full summons with the proof of service attached and filed for each defendant separately using the event Summons Returned Executed By Personal Service. (mkw)
September 2, 2021 Filing 8 SUMMONS RETURNED EXECUTED by Personal Service for Cook Medical, LLC. Cook Medical, LLC served on 8/30/2021, answer due 9/20/2021. Summons served on Tim Sellers, Legal Processor. (mkw)
September 2, 2021 Filing 7 SUMMONS RETURNED EXECUTED by Personal Service for Cook Group Incorporated. Cook Group Incorporated served on 8/30/2021, answer due 9/20/2021. Summons served on Tim Sellers, Legal Processor. (mkw)
September 2, 2021 Filing 6 SUMMONS RETURNED EXECUTED by Personal Service for Cook Medical Incorporated. Cook Medical Incorporated served on 8/30/2021, answer due 9/20/2021. Summons served on Tim Sellers, Legal Processor. (mkw)
September 2, 2021 Filing 5 SUMMONS RETURNED EXECUTED by Personal Service for Cook Incorporated. Cook Incorporated served on 8/30/2021, answer due 9/20/2021. Summons served on Tim Sellers, Legal Processor. (mkw)
September 2, 2021 Filing 4 INCORRECT ENTRY; SEE ENTRY NOS. 5-8. (Barney, David) (Modified on 9/3/2021 to detach image and file at docket entry nos. 5-8) (mkw).
August 4, 2021 CASE assigned to Judge Robert C. Chambers. (klc)
August 4, 2021 Filing 3 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Eifert. (cc: counsel of record; any unrepresented party) (jsa)
August 4, 2021 Filing 2 ELECTRONIC SUMMONS ISSUED as to Cook Group Incorporated, Cook Incorporated, Cook Medical Incorporated, Cook Medical, LLC, re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: #1 summons as to Cook Medical Incorporated, #2 summons as to Cook Group Incorporated, #3 summons as to Cook Medical, LLC) (jsa)
August 4, 2021 Filing 1 COMPLAINT. Filing Fee $402.00. Receipt # AWVSDC-8003650. (Attachments: #1 proposed summons as to Cook Incorporated, #2 proposed summons as to Cook Medical Incorporated, #3 proposed summons as to Cook Group Incorporated, #4 proposed summons as to Cook Medical, LLC, #5 Civil Cover Sheet) (jsa)

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Plaintiff: Rebecca Gillenwater
Represented By: David R. Barney, Jr.
Represented By: Michael Gallant
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Plaintiff: Melody Carol Gillenwater
Represented By: David R. Barney, Jr.
Represented By: Michael Gallant
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Defendant: Cook Incorporated
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Defendant: Cook Medical Incorporated
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Defendant: Cook Group Incorporated
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Defendant: Cook Medical, LLC
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