Sherer-Smith v. C. R. Bard, Inc.
| Karen Sherer-Smith |
| Endo Pharmaceutical Holdings, Inc., Endo Pharmaceuticals Inc., American Medical Systems, Inc., C. R. Bard, Inc., Endo Health Solutions Inc., American Medical Systems Holdings, Inc., Endo Pharmaceuticals and John Doe Corporations and Individuals 1-50 |
| 3:2019cv00903 |
| November 4, 2019 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 52
Pretrial Conference Order - # Preliminary Pretrial Packet in cases assigned to District Judge James D. Peterson attached. Settlement Letters due 7/31/2020. Motions in Limine due 8/28/2020. Response to Motion due 9/11/2020. Final Pretrial Conference set for 9/23/2020 at 04:00 PM. Jury Selection and Trial set for 10/5/2020 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 12/9/2019. (jls)
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| Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 12/4/2019 [:20] (skv) |
| Filing 51 Notice of Appearance filed by Markus Clarence Yira for Plaintiff Karen Sherer-Smith. (Yira, Markus) |
| Filing 50 Joint Status Report for Reassigned Case by Defendant C. R. Bard, Inc. (Attachments: #1 Exhibit A - Joint Designation of the Contents of the Record to be Remanded in the Sherer-Smith Case (With Exhibit A Attached) (from In Re C.R. Bard Pelvic Prods Liab Lit., MDL No. 2187, SD W VA)) (Woo, Maryanne) Modified on 11/21/2019. (lak) |
| Filing 49 Corporate Disclosure Statement by Defendant C. R. Bard, Inc. (Woo, Maryanne) |
| Filing 48 Transcript of Status Conference in In re: Avaulta Pelvic Support Systems Products Liability Litigation, Case No. 2:10-md-2187, SD W VA held on 02/14/2011. MDL Docket No. 36 (3/9/2011). (Woo, Maryanne) |
| Filing 47 Transcript of Status Conference in In re: Avaulta Pelvic Support Systems Products Liability Litigation, Case No. 2:10-md-02187, SD W VA held on 12/08/2010. MDL Docket No. 6 (1/1/2011). (Woo, Maryanne) |
| Filing 46 Case transferred in from District of West Virginia Southern; Case Number 2:12-cv-01821. Original file certified copy of transfer order and docket sheet received. (lak) |
| Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (jls) |
| Standard attachments for Judge James D. Peterson required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (jls) |
| Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 12/4/2019 at 01:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [#Standing Order Governing Preliminary Pretrial Conference attached] (jls) |
| Filing 45 JOINT DESIGNATION OF THE CONTENTS OF THE RECORD for MDL transfers re: 2:10-md-02187 - C. R. Bard, Inc. (Woo, Maryanne) [Transferred from West Virginia Southern on 11/4/2019.] |
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Filing 44
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 10/10/2019 the cases identified on Exhibit A that are still pending shall be transferred to the United States District Courts identified on Exhibit A pursuant to 28 U.S.C. 1404(a); on or before 10/9/2019 the parties are DIRECTED to confer and to file in each pending individual member case identified in Exhibit A, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the Clerk is DIRECTED to use the appropriate function in CM/ECF to extract each member case listed on Exhibit A that remains pending and transfer it to the corresponding United States District Court listed on Exhibit A; after transfer of each member case listed in Exhibit A that is not dismissed prior to the Transfer Date, the Clerk is DIRECTED to formally close the case and strike it from the docket of this court. Signed by Judge Joseph R. Goodwin on 9/26/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2187; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 11/4/2019.]
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Filing 43
ORDER granting #42 JOINT MOTION by American Medical Systems, Inc., Karen Sherer-Smith to Dismiss American Medical Systems, Inc. Without Prejudice and MOTION by Plaintiff TO TRANSFER this member case from MDL 2325 American Medical Systems to MDL 2187 C. R. Bard; the Clerk is directed to disassociate this civil action as a member case in MDL 2325 and re-associate it with MDL 2187. Signed by Judge Joseph R. Goodwin on 3/12/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (mek) [Transferred from West Virginia Southern on 11/4/2019.]
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| Filing 42 JOINT MOTION by American Medical Systems, Inc., Karen Sherer-Smith to Dismiss American Medical Systems, Inc. Without Prejudice and MOTION by Plaintiff TO TRANSFER this member case from MDL 2325 American Medical Systems to MDL 2187 C. R. Bard. (Binis, Barbara) (Modified on 3/8/2019 to add party filer) (ts). [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 41 REPLY by C. R. Bard, Inc. to #39 Response. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Bradley, Kristen) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 40 REPLY by C. R. Bard, Inc. to #38 Response In Opposition. (Alexander, Eric) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 39 MEMORANDUM OF LAW by Karen Sherer-Smith in support of #38 Response in Opposition (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Boldt, Paige) (Modified on 10/25/2018 to correct link to #38 response in opposition and convert event to memorandum in support)(ts). [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 38 RESPONSE by Karen Sherer-Smith in opposition to #34 MOTION by C. R. Bard, Inc. to Exclude the Opinions of William Porter, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Boldt, Paige) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 37 MEMORANDUM OF LAW by C. R. Bard, Inc. in support of #36 MOTION by C. R. Bard, Inc. for Summary Judgment (Kirby, Daniel) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 36 MOTION by C. R. Bard, Inc. for Summary Judgment (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Kirby, Daniel) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 35 MEMORANDUM OF LAW by C. R. Bard, Inc. in support of #34 MOTION by C. R. Bard, Inc. to Exclude the Opinions of William Porter, M.D. (Alexander, Eric) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 34 MOTION by C. R. Bard, Inc. to Exclude the Opinions of William Porter, M.D. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Alexander, Eric) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 33 JOINT STIPULATION OF PARTIAL DISMISSAL With Prejudice by C. R. Bard, Inc., Karen Sherer-Smith. (Attachments: #1 Proposed Order)(Bradley, Kristen) (Modified on 10/19/2018 to add party filer) (lca). [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 32 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kelly H. Hibbert on behalf of C. R. Bard, Inc.. (Hibbert, Kelly) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 31 STIPULATION OF SETTLEMENT BETWEEN CERTAIN PARTIES by American Medical Systems, Inc. (Binis, Barbara) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 30 CERTIFICATE OF SERVICE by Karen Sherer-Smith for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Thompson, Ryan) [Transferred from West Virginia Southern on 11/4/2019.] |
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Filing 29
PRETRIAL ORDER # 255 (Amended Docket Control Order American Medical Systems Inc. Wave 3 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 249. The parties are advised that while this order will be entered in the individual cases in the coming days, it is effective as of the day it was entered in the main MDL. The following deadlines immediately apply in all Wave 3 cases: Plaintiff Fact Sheets due by 03/19/2018; Defendant Fact Sheets due by 04/19/2018; Deadline for written discovery requests due by 05/18/2018; Expert disclosures served by plaintiffs pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 07/13/2018; Expert disclosure served by defendants pursuant to Fed R. Civ P. 26 as limited by 3.a. of this order due by 08/13/2018; Expert disclosure served for rebuttal pursuant to Fed R. Civ. P. 26 as limited by 3.a. of this order due by 08/20/2018; Deposition deadline and close of discovery due by 10/04/2018; Filing of Dispositive Motions due by 10/18/2018; Response to Dispositive Motions due by 10/25/2018; Reply to response to dispositive motions due by 11/01/2018; Filing of Daubert motions due by 10/18/2018; Responses to Daubert motions due by 10/25/2018; Reply to response to Daubert motions due by 11/01/2018. Signed by Judge Joseph R. Goodwin on 6/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2325; AMS Wave 3 Cases) (kab) [Transferred from West Virginia Southern on 11/4/2019.]
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| Filing 28 CERTIFICATE OF SERVICE by Karen Sherer-Smith for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Thompson, Ryan) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 27 CERTIFICATE OF SERVICE by Karen Sherer-Smith for Notice and Request for Production, Admissions, and First Set of Interrogatories. (Thompson, Ryan) [Transferred from West Virginia Southern on 11/4/2019.] |
| NOTICE OF DOCKET CORRECTION re: #26 Notice of Attorney Appearance and Counsel Contact Information Form by Kristen A. Bradley. ERROR: Image attached was blank. CORRECTION: Incorrect image removed and replaced. (ts) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 26 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kristen A. Bradley on behalf of C. R. Bard, Inc.. (Bradley, Kristen) (Modified on 4/18/2018 to replace image)(ts). [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 25 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Daniel C. Kirby on behalf of C. R. Bard, Inc.. (Kirby, Daniel) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 24 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Maryanne C. Woo on behalf of C. R. Bard, Inc.. (Woo, Maryanne) [Transferred from West Virginia Southern on 11/4/2019.] |
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Filing 23
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) (mek) [Transferred from West Virginia Southern on 11/4/2019.]
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| Filing 22 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Paige Nicole Boldt on behalf of Karen Sherer-Smith. (Boldt, Paige) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 21 PLAINTIFF PROFILE FORM filed by Karen Sherer-Smith. (Attachments: #1 Supplement Second)(Thompson, Ryan) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 20 PLAINTIFF PROFILE FORM filed by Karen Sherer-Smith. (Attachments: #1 Supplement Second)(Thompson, Ryan) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 19 PLAINTIFF FACT SHEET filed by Karen Sherer-Smith. (Attachments: #1 Supplement First, #2 Supplement Second)(Thompson, Ryan) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 18 PLAINTIFF FACT SHEET filed by Karen Sherer-Smith. (Attachments: #1 Supplement First, #2 Supplement Second)(Thompson, Ryan) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 17 AMENDED SHORT FORM COMPLAINT filed by Karen Sherer-Smith against American Medical Systems, Inc. ("AMS"), C. R. Bard, Inc. ("Bard"). (Thompson, Ryan) [Transferred from West Virginia Southern on 11/4/2019.] |
| DEFENDANT(S) Endo Pharmaceuticals, Inc., American Medical Systems Holdings, Inc. and Endo Health Solutions Inc. terminated pursuant to PTO #56 entered in MDL 2325, American Medical Systems, Inc. this date. (klc) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 16 AMENDED SHORT FORM COMPLAINT filed by Karen Sherer-Smith against American Medical Systems, Inc. ("AMS"), American Medical Systems Holdings, Inc. ("AMS Holdings"), Endo Pharmaceuticals, Inc., Endo Health Solutions Inc. (f/k/a Endo Pharmaceuticals Holdings, Inc.), C. R. Bard, Inc. ("Bard"). (Thompson, Ryan) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 15 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael J. Farrell on behalf of American Medical Systems Holdings, Inc., American Medical Systems, Inc., Endo Pharmaceutical Holdings, Inc., Endo Pharmaceuticals. (Farrell, Michael) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 14 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Erik W. Legg on behalf of American Medical Systems Holdings, Inc., American Medical Systems, Inc., Endo Pharmaceutical Holdings, Inc., Endo Pharmaceuticals. (Legg, Erik) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 13 SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for C. R. Bard, Inc. re: #1 Complaint. Return Receipt Card signed by Unknown. C. R. Bard, Inc. served on 7/2/2012, answer due 7/23/2012. (Thompson, Ryan) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 12 SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Endo Pharmaceutical Holdings, Inc. Return Receipt Card signed by Jim. Endo Pharmaceutical Holdings, Inc. served on 6/11/2012, answer due 7/2/2012. (Thompson, Ryan) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 11 SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Endo Pharmaceuticals. Return Receipt Card signed by Dianna Stamper. Endo Pharmaceuticals served on 6/26/2012, answer due 7/17/2012. (Thompson, Ryan) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 10 SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for American Medical Systems Holdings, Inc. Return Receipt Card signed by John K. American Medical Systems Holdings, Inc. served on 6/12/2012, answer due 7/3/2012. (Thompson, Ryan) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 9 SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for American Medical Systems, Inc. Return Receipt Card signed by John K. American Medical Systems, Inc. served on 6/11/2012, answer due 7/2/2012. (Thompson, Ryan) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 8 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Richard B. North, Jr on behalf of C. R. Bard, Inc.. (North, Richard) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Matthew B. Lerner on behalf of C. R. Bard, Inc.. (Lerner, Matthew) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Taylor Tapley Daly on behalf of C. R. Bard, Inc.. (Daly, Taylor) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Marc E. Williams on behalf of C. R. Bard, Inc.. (Williams, Marc) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Melissa Foster Bird on behalf of C. R. Bard, Inc.. (Bird, Melissa) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 3 TRANSMITTED PRETRIAL ORDER #8 (Uniform Certificate of Service) entered on 05/31/2012 in MDL 2325 to attorneys in member case. (klc) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 2 SUMMONS ISSUED by the Clerk on behalf of Karen Sherer-Smith for American Medical Systems Holdings, Inc., American Medical Systems, Inc., C.R. Bard, Inc., Endo Pharmaceutical Holdings, Inc., Endo Pharmaceuticals, re: #1 Complaint, returnable 21 days. Original Summons and 2 copies for each defendant returned to plaintiff's counsel for service. (tmh) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 1 ORIGINAL COMPLAINT. Filing Fee $350.00. Receipt # 0425-1861717. (Attachment: #1 Civil Cover Sheet) (tmh) Modified [Transferred from West Virginia Southern on 11/4/2019.] |
| MEMBER CASE OPENED: Direct filing in the Southern District of West Virginia, Sherer-Smith v. American Medical Systems, Inc. et al, SDWV CA 2:12-cv-01821. (klc) [Transferred from West Virginia Southern on 11/4/2019.] |
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