Case Details

CourtSouthern District of West Virginia
Docket number2:13-cv-14251
Date case filed2013-06-13
Date case closed
Date of latest filing
Assigned toJudge Joseph R. Goodwin
Case cause28:1332 Diversity-Product Liability
Nature of suit365 Personal Inj. Prod. Liability
Jury demandBoth
Demand
JurisdictionDiversity

Case Parties

Party: Brenda L. Smith
Party type: Plaintiff
Attorney name: Bryan F. Aylstock
Attorney Contact:
AYLSTOCK WITKIN KREIS & OVERHOLTZ
Suite 200
17 East Main Street
Pensacola, FL 32502
850/202-1010
Fax: 850/916-7449
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: D. Renee Baggett
Attorney Contact:
AYLSTOCK WITKIN KREIS & OVERHOLTZ
Suite 200
17 East Main Street
Pensacola, FL 32502
850/202-1010
Fax: 805/916-7449
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Douglass Alan Kreis
Attorney Contact:
AYLSTOCK WITKIN KREIS & OVERHOLTZ
Suite 200
17 East Main Street
Pensacola, FL 32502
850/202-1010
Fax: 850/916-7449
Email: [email protected]
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Neil D. Overholtz
Attorney Contact:
AYLSTOCK WITKIN KREIS & OVERHOLTZ
Suite 200
17 East Main Street
Pensacola, FL 32502
850/916-7450
Fax: 850/916-7449
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Thomas K. Herren
Attorney Contact:
HERREN & ADAMS
148 North Broadway
Lexington, KY 40507
859/254-0024
Fax: 859/254-5991
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Michael Smith
Party type: Plaintiff
Attorney name: Bryan F. Aylstock
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: D. Renee Baggett
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Douglass Alan Kreis
Attorney Contact:
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Neil D. Overholtz
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Thomas K. Herren
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Cook Group, Inc.
Party type: Defendant
Attorney name: Daniel E. Danford
Attorney Contact:
STITES & HARBISON
Suite 2300
250 West Main Street
Lexington, KY 40507-1758
859/226-2300
Fax: 859/425-9144
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: James M. Boyers
Attorney Contact:
WOODEN & MCLAUGHLIN
Suite 1800
One Indiana Square
211 North Pennylvania Street
Indianapolis, IN 46204-4208
317/639-6151
Fax: 317/639-6444
Email: [email protected]
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Jennifer Lynn Schuster
Attorney Contact:
WOODEN & MCLAUGHLIN
Suite 1800
One Indiana Square
211 North Pennylvania Street
Indianapolis, IN 46204-4208
317/639-6151
Fax: 317/639-6444
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John M. Famularo
Attorney Contact:
STITES & HARBISON
Suite 2300
250 West Main Street
Lexington, KY 40507-1758
859/226-2300
Fax: 859/253-9144
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Douglas B. King
Attorney Contact:
WOODEN & MCLAUGHLIN
One Indiana Square, Suite 1800
211 North Pennsylvania Street
Indianapolis, IN 46204
317/639-6151
Fax: 317/639-6444
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Leah B. Silverthorn
Attorney Contact:
WOODEN & MCLAUGHLIN
One Indiana Square, Suite 1800
211 North Pennsylvania
Indianapolis, IN 46231
317/639-6151
Fax: 317/639-6444
Email: [email protected]
TERMINATED: 12/11/2012 PRO HAC VICE
Party: Cook Incorporated
Party type: Defendant
Attorney name: Jennifer Lynn Schuster
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Cook Biotech, Inc.
Party type: Defendant
Attorney name: Daniel E. Danford
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: James M. Boyers
Attorney Contact:
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Jennifer Lynn Schuster
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John M. Famularo
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Douglas B. King
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Leah B. Silverthorn
Attorney Contact:
(See above for address)
TERMINATED: 12/11/2012 PRO HAC VICE
Party: Cook Urological Incorporated
Party type: Defendant
Attorney name: Daniel E. Danford
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: James M. Boyers
Attorney Contact:
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Jennifer Lynn Schuster
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John M. Famularo
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Douglas B. King
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Leah B. Silverthorn
Attorney Contact:
(See above for address)
TERMINATED: 12/11/2012 PRO HAC VICE
Party: Cook Medical, Inc.
Party type: Defendant
Attorney name: Daniel E. Danford
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: James M. Boyers
Attorney Contact:
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Jennifer Lynn Schuster
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John M. Famularo
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Douglas B. King
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Leah B. Silverthorn
Attorney Contact:
(See above for address)
TERMINATED: 12/11/2012 PRO HAC VICE
Party: William A. Cook Australia Pty., Ltd.
Party type: Defendant
TERMINATED: 10/29/2012
Attorney name: Daniel E. Danford
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: James M. Boyers
Attorney Contact:
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: John M. Famularo
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Douglas B. King
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Leah B. Silverthorn
Attorney Contact:
(See above for address)
TERMINATED: 12/11/2012 PRO HAC VICE
Party: Cook, Inc.
Party type: Defendant
TERMINATED: 09/12/2012
Attorney name: Daniel E. Danford
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: James M. Boyers
Attorney Contact:
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Jennifer Lynn Schuster
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John M. Famularo
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Douglas B. King
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Leah B. Silverthorn
Attorney Contact:
(See above for address)
TERMINATED: 12/11/2012 PRO HAC VICE
Party: Cook Ireland, Ltd.
Party type: Defendant
TERMINATED: 09/12/2012
Attorney name: Daniel E. Danford
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: James M. Boyers
Attorney Contact:
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Jennifer Lynn Schuster
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John M. Famularo
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Douglas B. King
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Leah B. Silverthorn
Attorney Contact:
(See above for address)
TERMINATED: 12/11/2012 PRO HAC VICE

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12012-07-17 COMPLAINT & JURY DEMAND ( Filing fee $350; receipt number 0643-2397212), filed by Brenda L. Smith, Michael Smith. (Attachments: # 1 Civil Cover Sheet, # 2 Case Assignment, # 3 Summons Cook, Inc., # 4 Summons Cook Medical, # 5 Summons Cook Biotech, # 6 Summons Cook Group, # 7 Summons Australia, # 8 Summons Ireland)(KJR) [Transferred from Kentucky Eastern on 6/13/2013.] (Entered: 07/18/2012)
22012-07-17 Summons Issued as to Cook Biotech, Inc., Cook Group, Inc., Cook Ireland, LTD, Cook Medical, Inc., Cook, Inc., William A. Cook Australia Pty., LTD; Summons issued and returned to counsel via pick-up from Office of Clerk for service by Secretary of State. (KJR) [Transferred from Kentucky Eastern on 6/13/2013.] (Entered: 07/18/2012)
32012-07-25 CERTIFIED MAIL RECEIPT to Secretary of State received on 7/23/12 re 2 Summons. (KJR) [Transferred from Kentucky Eastern on 6/13/2013.]
42012-08-03 SUMMONS RETURNED by Brenda L. Smith, Michael Smith: SERVICE BY SECRETARY OF STATE via certified mail on 7/27/12 to Cook Biotech, Inc. COMPLETED on 8/3/2012; Cook Group, Inc. via certified mail on 7/28/12 COMPLETED on 8/3/2012; Cook Medical, Inc. via certified mail on 7/26/12 COMPLETED on 8/3/2012; Cook, Inc. via certified mail on 7/28/12 COMPLETED on 8/3/2012. (KJR) [Transferred from Kentucky Eastern on 6/13/2013.]
52012-08-15 Proposed Agreed Order/Stipulation for Extension of Time to Respond to Complaint and Jury Demand by Cook Biotech, Inc., Cook Group, Inc., Cook Ireland, LTD, Cook Medical, Inc., Cook, Inc., Brenda L. Smith, Michael Smith, William A. Cook Australia Pty., LTD. (Danford, Daniel) [Transferred from Kentucky Eastern on 6/13/2013.]
62012-08-16 AGREED ORDER EXTENDING TIME TO RESPOND TO COMPLAINT: re 5 Proposed Agreed Order: that the dfts have until 8/30/12 to file a responsive pleading to the complaint. Signed by Judge Karen K. Caldwell on 8/16/12.(KJR)cc: COR [Transferred from Kentucky Eastern on 6/13/2013.]
72012-08-16 NOTICE TO ATTORNEY BRYAN F. AYLSTOCK by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (KJR) [Transferred from Kentucky Eastern on 6/13/2013.]
82012-08-16 NOTICE TO ATTORNEY D. RENEE BAGGETT by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (KJR) [Transferred from Kentucky Eastern on 6/13/2013.]
92012-08-16 NOTICE TO ATTORNEY DOUGLASS A. KREIS by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (KJR) [Transferred from Kentucky Eastern on 6/13/2013.]
102012-08-16 NOTICE TO ATTORNEY NEIL D. OVERHOLTZ by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (KJR) [Transferred from Kentucky Eastern on 6/13/2013.]
112012-08-29 SUMMONS RETURNED by Brenda L. Smith, Michael Smith: SERVICE BY SECRETARY OF STATE to William A. Cook Australia Pty., LTD COMPLETED on 8/29/2012. Secretary of State return states served by certified mail on 8/10/12. (KJR) [Transferred from Kentucky Eastern on 6/13/2013.] (Entered: 08/30/2012)
122012-08-29 Summons Returned Unexecuted by the Secretary of State on 7/24/12 as to Cook Ireland, LTD. (KJR) Modified text on 9/4/2012 (KJR). [Transferred from Kentucky Eastern on 6/13/2013.] (Entered: 08/30/2012)
132012-08-30 MOTION to Dismiss by Cook Biotech, Inc., Cook Group, Inc., Cook Ireland, LTD, Cook Medical, Inc., Cook, Inc., William A. Cook Australia Pty., LTD COOK'S 12(b)(6) MOTION TO DISMISS (Attachments: # 1 Memorandum in Support, # 2 Case Laws Part I, # 3 Case Laws Part II, # 4 Proposed Order)(Famularo, John) [Transferred from Kentucky Eastern on 6/13/2013.]
142012-09-04 MOTION to Dismiss for failure to state a claim by William A. Cook Australia Pty., LTD (Attachments: # 1 Proposed Order)(Famularo, John) [Transferred from Kentucky Eastern on 6/13/2013.]
152012-09-06 MOTION for Leah B. Silverthorn to Appear Pro Hac Vice by Cook Biotech, Inc., Cook Group, Inc., Cook Ireland, LTD, Cook Medical, Inc., Cook, Inc., William A. Cook Australia Pty., LTD ( Filing fee $95; receipt number 0643-2439371) (Attachments: # 1 Affidavit Leah B. Silverthorn, # 2 Proposed Order)(Famularo, John) [Transferred from Kentucky Eastern on 6/13/2013.]
162012-09-06 MOTION for Douglas B. King to Appear Pro Hac Vice by Cook Biotech, Inc., Cook Group, Inc., Cook Ireland, LTD, Cook Medical, Inc., Cook, Inc., William A. Cook Australia Pty., LTD ( Filing fee $95; receipt number 0643-2439389) (Attachments: # 1 Affidavit Douglas B. King, # 2 Proposed Order)(Famularo, John) [Transferred from Kentucky Eastern on 6/13/2013.]
172012-09-07 ORDER: Cook Dfts' 15 Motion for Leah B. Silverthorn to Appear Pro Hac Vice is GRANTED and she may participate actively in all pretrial, trial and post-trial proceedings. Signed by Judge Karen K. Caldwell on September 7, 2012. (AWD) cc: COR,Leah B. Silverthorn w/copy of Mandatory ECF General Order & ECF Registration form [Transferred from Kentucky Eastern on 6/13/2013.]
182012-09-07 ORDER: Cook Dfts' 16 Motion for Douglas B. King to Appear Pro Hac Vice is GRANTED and he may participate in all pretrial, trial and post-trial proceedings. Signed by Judge Karen K. Caldwell on September 7, 2012. (AWD) cc: COR,Douglas B. King w/copy of Mandatory ECF General Order and ECF Registration form [Transferred from Kentucky Eastern on 6/13/2013.]
192012-09-12 FRCP 7.1 DISCLOSURE STATEMENT by Cook Biotech, Inc., Cook Group, Inc., Cook Ireland, LTD, Cook Medical, Inc., Cook, Inc., William A. Cook Australia Pty., LTD identifying Corporate Parent Cook Group Incorporated, Corporate Parent Cook Australia Pty. Ltd. for William A. Cook Australia Pty., LTD; Corporate Parent Cook Incorporated for Cook Medical, Inc.; Corporate Parent Cook Group Incorporated for Cook Biotech, Inc., Cook Ireland, LTD, Cook, Inc. (Famularo, John) Modified text on 9/13/2012 (KJR). [Transferred from Kentucky Eastern on 6/13/2013.]
202012-09-12 AMENDED COMPLAINT AND JURY DEMAND against Cook Biotech, Inc., Cook Group, Inc., Cook Medical, Inc., Cook Inc., Cook Urological Incorporated, filed by Michael Smith, Brenda L. Smith. (Attachments: # 1 Summons, # 2 Summons)(Herren, Thomas) Modified text on 9/13/2012 (KJR). [Transferred from Kentucky Eastern on 6/13/2013.]
212012-09-12 NOTICE by Brenda L. Smith, Michael Smith re 20 Amended Complaint, CORRECTED SUMMONS FOR COOK UROLOGICAL INCORPORATED and COOK INCORPORATED (Attachments: # 1 Summons)(Herren, Thomas) [Transferred from Kentucky Eastern on 6/13/2013.]
222012-09-12 Summons Issued as to Cook Urological Incorporated, Cook, Inc.; Summons issued and returned to counsel electronically (Attachments: # 1 Summons)(KJR) [Transferred from Kentucky Eastern on 6/13/2013.] (Entered: 09/13/2012)
232012-09-27 Proposed Agreed Order/Stipulation by Cook Biotech, Inc., Cook Group, Inc., Cook Ireland, LTD, Cook Medical, Inc., Cook Urological Incorporated, Cook, Inc., Brenda L. Smith, Michael Smith, William A. Cook Australia Pty., LTD. (Famularo, John) [Transferred from Kentucky Eastern on 6/13/2013.]
242012-10-01 AGREED ORDER: re 23 Proposed Agreed Order: that the dfts have until 10/1/2012 to file their answer to the Amended Complaint. Signed by Judge Karen K. Caldwell on 10/1/12.(KJR)cc: COR [Transferred from Kentucky Eastern on 6/13/2013.]
252012-10-01 NOTICE OF MANDATORY ECF DIRECTED TO BRYAN F. AYLSTOCK, D. RENEE BAGGETT & NEIL D. OVERHOLTZ, non-registered attys re 24 Agreed Order had to be MAIL to the non-registered attys, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge. cc: COR (KJR) [Transferred from Kentucky Eastern on 6/13/2013.]
272012-10-01 AMENDED ANSWER to 20 Amended Complaint, by Cook Biotech, Inc., Cook Group, Inc., Cook Medical, Inc., Cook Urological Incorporated, Cook, Inc.. (King, Douglas) [Transferred from Kentucky Eastern on 6/13/2013.]
282012-10-02 MOTION for leave to Seal a Document 26 Answer to Amended Complaint by Cook Biotech, Inc., Cook Group, Inc., Cook Ireland, LTD, Cook Medical, Inc., Cook Urological Incorporated, Cook, Inc., William A. Cook Australia Pty., LTD (Attachments: # 1 Proposed Order)(Famularo, John) [Transferred from Kentucky Eastern on 6/13/2013.]
292012-10-03 ORDER: that the clerk of the court shall STRIKE Attorneys Douglass A. Kreis; Neil D. Overholtz; Bryan F. Aylstock and D. Renee Baggett as counsel of record. Signed by Judge Karen K. Caldwell on 10/3/12.(KJR)cc: COR, Attys Overholtz, Aylstock & Baggett [Transferred from Kentucky Eastern on 6/13/2013.]
302012-10-04 ORDER: GRANTING dft's 28 Motion for leave to Seal Document re 26 Answer to Amended Complaint; DE 26 shall be SEALED & only the court shall have access to it & it shall not be used by the parties for any purpose during this lawsuit. Signed by Judge Karen K. Caldwell on 12-229. (KJR)cc: COR [Transferred from Kentucky Eastern on 6/13/2013.]
312012-10-16 MOTION for Douglas A. Kreis to Appear Pro Hac Vice by Brenda L. Smith, Michael Smith ( Filing fee $95; receipt number 0643-2471299) (Attachments: # 1 Affidavit Attorney Douglas Kreis, # 2 Proposed Order)(Herren, Thomas) [Transferred from Kentucky Eastern on 6/13/2013.]
322012-10-16 ORDER re 31 Motion for Douglass A. Kreis to Appear Pro Hac Vice as co-counsel for Plas: 1) Motion for admission PHV is GRANTED; 2) Atty shall w/i 10 days complete registration for electronic filing before this Court and w/i 30 days become an ECF registered filing user. Signed by Judge Karen K. Caldwell on 10/16/2012. (KLB) cc: COR [Transferred from Kentucky Eastern on 6/13/2013.]
332012-10-29 ORDER: DENYING AS MOOT dfts' 13 MOTION to Dismiss; DENYING AS MOOT dft William A. Cook Australia Pty. Ltd.'s 14 MOTION to Dismiss for failure to state a claim; dft William A. Cook Australia Pty., LTD shall be TERMINATED from the docket as this party is no longer listed on the plas' amended complaint. Signed by Judge Karen K. Caldwell on 10/29/12.(KJR)cc: COR [Transferred from Kentucky Eastern on 6/13/2013.]
342012-11-01 ORDER FOR MEETING AND REPORT: (1) parties meet & exchange disclosures within 21 days; (2) Rule 26 Meeting Report due within 10 days. Signed by Judge Karen K. Caldwell on 10/31/12.(KJR)cc: COR [Transferred from Kentucky Eastern on 6/13/2013.]
352012-12-07 MOTION for Jennifer L. Schuster to Appear Pro Hac Vice by Cook Biotech, Inc., Cook Group, Inc., Cook Ireland, LTD, Cook Medical, Inc., Cook Urological Incorporated, Cook, Inc., William A. Cook Australia Pty., LTD ( Filing fee $95; receipt number 0643-2515544) (Attachments: # 1 Affidavit Jennifer L. Schuster, # 2 Proposed Order)(Famularo, John) [Transferred from Kentucky Eastern on 6/13/2013.]
362012-12-07 MOTION for Leave by Cook Biotech, Inc., Cook Group, Inc., Cook Ireland, LTD, Cook Medical, Inc., Cook Urological Incorporated, Cook, Inc., William A. Cook Australia Pty., LTD to Withdraw Appearance of Leah B. Silverthorn (Attachments: # 1 Proposed Order)(Famularo, John) [Transferred from Kentucky Eastern on 6/13/2013.]
372012-12-10 ORDER: Dft's 35 Motion for Jennifer L. Schuster to Appear Pro Hac Vice is GRANTED. Signed by Judge Karen K. Caldwell on 12/10/2012. (KLB) cc: COR w/ copy of Mandatory ECF General Order & ECF Registration form to Jennifer L. Schuster. Modified cc: on 12/11/2012 (KLB). [Transferred from Kentucky Eastern on 6/13/2013.]
382012-12-11 ORDER GRANTING MOTION FOR LEAVE TO WITHDRAW APPEARANCE OF LEAH B. SILVERTHORN: 36 MOTION for Leave is GRANTED and the appearance of Leah B. Silverthorn is withdrawn. Signed by Judge Karen K. Caldwell on 12/11/2012. (KLB) cc: COR [Transferred from Kentucky Eastern on 6/13/2013.]
392012-12-12 PLAINTIFF'S REPORT of Rule 26(f) Planning Meeting. (Herren, Thomas) Modified text on 12/13/2012 (KJR). [Transferred from Kentucky Eastern on 6/13/2013.]
402012-12-13 REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Exhibit Exhibit A - Authorization, # 2 Exhibit Exhibit B - Plaintiff Profile Form, # 3 Exhibit Exhibit C - Motion for Entry of Agreed Protective Order, # 4 Exhibit Exhibit D - Agreed Protective Order, # 5 Exhibit Exhibit E - Plaintiffs' Letter)(King, Douglas) [Transferred from Kentucky Eastern on 6/13/2013.]
412012-12-20 CERTIFICATE of Counsel re 34 Order For Meeting and Report COOKS FED. R. CIV. P. 26(a)(1)(A) INITIAL DISCLOSURES by John M. Famularo on behalf of All Defendants (Famularo, John) [Transferred from Kentucky Eastern on 6/13/2013.]
422013-01-03 MOTION for James M. Boyer to Appear Pro Hac Vice by Cook Biotech, Inc., Cook Group, Inc., Cook Ireland, LTD, Cook Medical, Inc., Cook Urological Incorporated, Cook, Inc., William A. Cook Australia Pty., LTD ( Filing fee $95; receipt number 0643-2531955) (Attachments: # 1 Affidavit James M. Boyers, # 2 Proposed Order)(Famularo, John) [Transferred from Kentucky Eastern on 6/13/2013.]
432013-01-04 SCHEDULING ORDER: (1) (a) parties exchange info required by Rule 26(a)(1) by 1/10/13; (b) parties file Motions to Join Additional parties & amend pleadings by 3/4/13; (c) supplementation of disclosures & responses as required by Rule 26(e); (d) reports from expert trial witnesses due by - pla 4/30/13 - dft 5/30/13; (e) Discovery due by 7/14/2013; (f) Dispositive Motions due by 8/14/2013; (2) no motions to compel nor motions re discovery disputes shall be filed unless all counsel involved have conferred; (3) the parties shall observe the following re filing of discovery materials: (a) no discovery shall be filed; (b) discovery depos cited in motions or which may be used at trial shall be filed; (4) no extension of deadlines set in this order shall be granted unless good cause shown; (5) FINAL PRETRIAL CONFERENCE set for 2/13/2014 at 10:00 AM before Judge Karen K. Caldwell; (6) JURY TRIAL set for 3/17/2014 at 09:00 AM before Judge Karen K. Caldwell (10 days - counsel shall be present by 8:30); (7) REFERRED to Magistrate Judge Robert E. Wier for discovery disputes, conducting a settlement conf & conducting a preliminary PTC. Signed by Judge Karen K. Caldwell on 1/4/13.(KJR)cc: COR,REW,JC,D [Transferred from Kentucky Eastern on 6/13/2013.] (Entered: 01/07/2013)
442013-01-04 PRETRIAL ORDER: matter is REFERRED to Magistrate Judge for pretrial management; pretrial filings due 10 days before the Preliminary Pretrial Conf. Signed by Judge Karen K. Caldwell on 1/4/13.(KJR)cc: COR,REW (Additional attachment(s) added on 1/7/2013: # 1 Main Document) (KJR). [Transferred from Kentucky Eastern on 6/13/2013.] (Entered: 01/07/2013)
452013-01-04 ORDER: GRANTING atty James M. Boyers' 42 Motion to Appear Pro Hac Vice for dfts. Signed by Judge Karen K. Caldwell on 1/4/13. (KJR)cc: COR w/ copy of Mandatory ECF General Order & ECF Registration form to Atty Boyers [Transferred from Kentucky Eastern on 6/13/2013.] (Entered: 01/07/2013)
462013-01-04 NOTICE OF CLERICAL ERROR Re: PDF DOCUMENT: Error: INCORRECT document attached to docket entry by docket clerk; incorrect PDF document attached; re 44 Order ; Correct document attached to this entry. cc: COR (KJR) [Transferred from Kentucky Eastern on 6/13/2013.] (Entered: 01/07/2013)
472013-01-08 ORDER: TELEPHONE CONFERENCE set for 4/16/2013 at 10:00 AM before Magistrate Judge Robert E. Wier. Signed by Magistrate Judge Robert E. Wier on 1/8/13.(KJR)cc: COR,D [Transferred from Kentucky Eastern on 6/13/2013.]
482013-01-09 STRICKEN FROM DOCKET: Incomplete Document Pursuant to Notice of Action Striking Document filed on 1/10/13. [Transferred from Kentucky Eastern on 6/13/2013.]
492013-01-09 STRICKEN FROM DOCKET: Incomplete Document Pursuant to Notice of Action Striking Document filed on 1/10/13. [Transferred from Kentucky Eastern on 6/13/2013.]
502013-01-10 MOTION to Continue Confernece with Magistrate Judge Wier by Cook Biotech, Inc., Cook Group, Inc., Cook Medical, Inc., Cook Urological Incorporated, Cook, Inc. Motions referred to Robert E. Wier. (Attachments: # 1 Proposed Order Proposed Order)(King, Douglas) Modified text on 1/11/2013 (KJR). [Transferred from Kentucky Eastern on 6/13/2013.]
512013-01-10 NOTICE OF FILING by Brenda L. Smith, Michael Smith Plaintiffs' Initial Disclosures Rule 26(a) (Kreis, Douglass) [Transferred from Kentucky Eastern on 6/13/2013.]
522013-01-11 ORDER: GRANTING dfts' 50 MOTION to Continue; TELEPHONE CONFERENCE CONTINUED t 5/2/2013 at 10:00 AM before Magistrate Judge Robert E. Wier. Signed by Magistrate Judge Robert E. Wier on 1/11/13.(KJR)cc: COR,D [Transferred from Kentucky Eastern on 6/13/2013.]
532013-02-22 NOTICE OF FILING REMOVAL by Brenda L. Smith, Michael Smith (Attachments: # 1 Exhibit Motion to Transfer to MDL, # 2 Exhibit Brief in Support of Motion to Transfer (pgs. 1-10), # 3 Exhibit Brief in Support of Motion to Transfer (pgs. 11-17))(Herren, Thomas) [Transferred from Kentucky Eastern on 6/13/2013.]
542013-02-25 RESPONSE by Cook Biotech, Inc., Cook Group, Inc., Cook Medical, Inc., Cook Urological Incorporated, Cook, Inc. re 53 Notice of Filing Removal, (Notice of Opposition to Motion to Transfer) (Schuster, Jennifer) Modified text on 2/26/2013 (KJR). [Transferred from Kentucky Eastern on 6/13/2013.]
552013-03-27 MOTION to Stay by Cook Biotech, Inc., Cook Group, Inc., Cook Medical, Inc., Cook Urological Incorporated, Cook, Inc. (Unopposed Motion to Stay Proceedings Pending Resolution of Motion for Transfer to MDL). (Attachments: # 1 Exhibit 1: Motion for Transfer, # 2 Exhibit 2: Amended Schedule of Actions, # 3 Proposed Order)(Schuster, Jennifer) Modified to remove the referral on 3/27/2013 (KJR). [Transferred from Kentucky Eastern on 6/13/2013.]
562013-03-28 ORDER: GRANTING 55 Motion to Stay pending disposition of motion for transfer to MDL; all proceedings are stayed until the MDL issues its final ruling. Signed by Judge Karen K. Caldwell on 3/28/13. (KJR)cc: COR,REW,JC,D [Transferred from Kentucky Eastern on 6/13/2013.] (Entered: 03/29/2013)
572013-04-29 ORDER: The Court CANCELS the telephonic status conference scheduled on May 2, 2013. The Court will reschedule the conference, as appropriate, following further orders from Judge Caldwell. Signed by Magistrate Judge Robert E. Wier on April 29, 2013.(MWZ)cc: COR, D [Transferred from Kentucky Eastern on 6/13/2013.]
582013-06-11 INFORMATION COPY OF MDL CONDITIONAL TRANSFER ORDER: MDL No. 2440 (STB) [Transferred from Kentucky Eastern on 6/13/2013.] (Entered: 06/12/2013)
592013-06-12 TRANSFER ORDER: Case Transferred to Southern District of West Virginia re MDL 2440. (STB)cc: COR [Transferred from Kentucky Eastern on 6/13/2013.] (Entered: 06/13/2013)
602013-06-13 CASE TRANSFERRED IN from the Kentucky Eastern; Case Number 5:12-cv-00229. Original file certified copy of transfer order and docket sheet received.
612013-06-14 TRANSMITTED PRETRIAL ORDER #1 (Initial Conference and Case Management) entered on 06/13/2013 in MDL 2440 to attorneys in member case. (jap)