Case Details

CourtSouthern District of West Virginia
Docket number2:13-cv-14357
Date case filed2013-06-14
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 demandPlaintiff
Demand
JurisdictionDiversity

Case Parties

Party: Debbie Elliot-Mercer
Party type: Plaintiff
Attorney name: Christopher W. Cantrell
Attorney Contact:
DOYLE LOWTHER
Suite 150
10200 Willow Creek Road
San Diego, CA 92131
858/935-9960
Fax: 858/939-1939
Email: ccantrell@doylelowther.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: William J. Doyle , II
Attorney Contact:
DOYLE LOWTHER
Suite 150
10200 Willow Creek Road
San Diego, CA 92131
858/935-9960
Fax: 858/939-1939
Email: bill@doylelowther.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Cook Group, Inc.
Party type: Defendant
TERMINATED: 01/17/2014
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: dking@woodmclaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: J. David Martin
Attorney Contact:
COPELAND FRANCO SCREWS & GILL
P. O. Box 347
Montgomery, AL 36101-0347
334/834-1180
Fax: 334/834-3172
Email: martin@copelandfranco.com
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: jboyers@woodmclaw.com
LEAD ATTORNEY 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: jschuster@woodmclaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert David Segall
Attorney Contact:
COPELAND FRANCO SCREWS & GILL
P. O. Box 347
Montgomery, AL 36101-0347
334/834-1180
Fax: 334/834-3172
Email: segall@copelandfranco.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Cook Incorporated
Party type: Defendant
Attorney name: Douglas B. King
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: J. David Martin
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 ATTORNEY TO BE NOTICED

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

Attorney name: Robert David Segall
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Cook Biotech, Inc.
Party type: Defendant
Attorney name: Douglas B. King
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: J. David Martin
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 ATTORNEY TO BE NOTICED

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

Attorney name: Robert David Segall
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Cook Urological Incorporated
Party type: Defendant
and
TERMINATED: 01/17/2014
Attorney name: Douglas B. King
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: J. David Martin
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 ATTORNEY TO BE NOTICED

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

Attorney name: Robert David Segall
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Cook Medical, Inc.
Party type: Defendant
Attorney name: Douglas B. King
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: J. David Martin
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 ATTORNEY TO BE NOTICED

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

Attorney name: Robert David Segall
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12013-02-14 COMPLAINT against Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical Inc., Cook Urological Incorporated ( Filing fee $ 350.00 receipt number 4602025968.), filed by Debbie Elliot-Mercer. (Attachments: # 1 fee receipt)(djy, ) (Entered: 02/21/2013)[Transferred from Alabama Middle on 6/14/2013.] (Entered: 06/16/2013)
22013-02-14 Corporate/Conflict Disclosure Statement by Debbie Elliot-Mercer. (djy, ) (Entered: 02/21/2013)[Transferred from Alabama Middle on 6/14/2013.] (Entered: 06/16/2013)
32013-02-21 Summons Issued as to Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical Inc., Cook Urological Incorporated and returned to counsel via mail for personal service on defendants. (djy, ) (Entered: 02/22/2013)[Tranferred from Alabama Middle on 6/14/2013.] (Entered: 06/16/2013)
42013-03-26 NOTICE of Appearance by James David Martin on behalf of All Defendants (Martin, James) (Entered: 03/26/2013)[Transferred from Alabama Middle on 6/14/2013.] (Entered: 06/16/2013)
52013-03-26 NOTICE of Appearance by Robert David Segall on behalf of All Defendants (Segall, Robert) (Entered: 03/26/2013)[Transferred from Alabama Middle on 6/14/2013.] (Entered: 06/16/2013)
62013-03-26 Corporate/Conflict Disclosure Statement by Cook Group, Inc.. (Martin, James) (Entered: 03/26/2013)[Transferred from Alabama Middle on 6/14/2013.] (Entered: 06/16/2013)
72013-03-26 Corporate/Conflict Disclosure Statement by Cook Incorporated. (Martin, James) (Entered: 03/26/2013)[Transferred from Alabama Middle on 6/14/2013.] (Entered: 06/16/2013)
82013-03-26 Corporate/Conflict Disclosure Statement by Cook Biotech, Inc.. (Martin, James) (Entered: 03/26/2013)[Transferred from Alabama Middle on 6/14/2012.] (Entered: 06/16/2013)
92013-03-26 Corporate/Conflict Disclosure Statement by Cook Urological Incorporated. (Martin, James) (Entered: 03/26/2013)[Transferred from Alabama Middle on 6/14/2013.] (Entered: 06/16/2013)
102013-03-26 Corporate/Conflict Disclosure Statement by Cook Medical Inc.. (Martin, James) (Entered: 03/26/2013)[Transferred from Alabama Middle on 6/14/2012.] (Entered: 06/16/2013)
112013-03-26 MOTION to Stay Proceedings Pending Disposition of Motion to Transfer to MDL (Unopposed) by Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical Inc., Cook Urological Incorporated. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Martin, James) (Entered: 03/26/2013)[Transferred from Alabama Middle on 6/14/2013.] (Entered: 06/16/2013)
122013-03-27 Corporate/Conflict Disclosure Statement by Cook Biotech, Inc.. (Martin, James) (Entered: 03/27/2013)[Transferred from Alabama Middle on 6/14/2013.] (Entered: 06/16/2013)
132013-03-27 Corporate/Conflict Disclosure Statement by Cook Group, Inc.. (Martin, James) (Entered: 03/27/2013)[Transferred from Alabama Middle on 6/14/2013.] (Entered: 06/16/2013)
142013-03-27 Corporate/Conflict Disclosure Statement by Cook Incorporated. (Martin, James) (Entered: 03/27/2013)[Transferred from Alabama Middle on 6/14/2013.] (Entered: 06/16/2013)
152013-03-27 Corporate/Conflict Disclosure Statement by Cook Medical Inc.. (Martin, James) (Entered: 03/27/2013)[Transferred from Alabama Middle on 6/14/2013.] (Entered: 06/16/2013)
162013-03-29 ORDER GRANTING 11 MOTION to Stay; directing that all proceedings before this court, including defendant's obligation to respond to plaintiff's complaint, and other than pro hac vice applications, are STAYED pending ruling on the motion to transfer and consolidate; within 7 days of resolution of the motion to transfer the parties are ORDERED to notify this court of the result; further ORDERING that the parties should file a joint Status Report no later than 7/1/2013 on the status of the proceedings before the JPML as they relate to this case. Signed by Chief Judge William Keith Watkins on 3/29/13. (djy, ) (Entered: 03/29/2013)[Transferred from Alabama Middle on 6/14/2013.] (Entered: 06/16/2013)
172013-04-02 SUMMONS Returned Executed by Debbie Elliot-Mercer. Cook Biotech, Inc. served on 3/12/2013, answer due 4/2/2013; Cook Group, Inc. served on 3/12/2013, answer due 4/2/2013; Cook Incorporated served on 3/12/2013, answer due 4/2/2013; Cook Medical Inc. served on 3/12/2013, answer due 4/2/2013; Cook Urological Incorporated served on 3/19/2013, answer due 4/9/2013. (Cantrell, Christopher) (Entered: 04/02/2013)[Transferred from Alabama Middle on 6/14/2013.] (Entered: 06/16/2013)
182013-06-11 Received from the Clerk, USDC for the Southern District of West Virginia via email a Copy of Conditional Transfer Order entered by the Judicial Panel on Multidistrict Litigation transferring the action to the USDC, for the Southern District of West Virginia. (scn, ) (Entered: 06/14/2013)[Transferred from Alabama Middle on 6/14/2013.] (Entered: 06/16/2013)
192013-06-14 CASE TRANSFERRED IN from the Alabama Middle; Case Number 1:13-cv-00096. Original file certified copy of transfer order and docket sheet received. (Entered: 06/16/2013)
202013-06-17 TRANSMITTED PRETRIAL ORDER #1 (Initial Conference and Case Management) entered on 06/13/2013 in MDL 2440 to attorneys in member case. (jap)
212013-08-02 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jennifer Lynn Schuster on behalf of Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical, Inc., Cook Urological Incorporated. (Schuster, Jennifer)
222013-08-02 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Douglas B. King on behalf of Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical, Inc., Cook Urological Incorporated. (King, Douglas)
232013-11-11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by James M. Boyers on behalf of Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical, Inc., Cook Urological Incorporated. (Boyers, James)
242014-02-06 AMENDED SHORT FORM COMPLAINT filed by Debbie Elliot-Mercer against Cook Incorporated, Cook Biotech, Inc., Cook Medical, Inc. (Doyle, William)
252015-05-19 PRETRIAL ORDER # 59 (Docket Control Order for Remaining Cook MDL Cases) With the selection of the cases on the Exhibit A (hereinafter the Cook Wave 1), the following deadlines are set forth: On or before 6/01/2015, the parties are directed to notify the court by filing a Notice Complying with PTO # 59, which identifies by name and case number, any cases on Exhibit A (1) that include defendants in addition to the Cook defendants; or (2) that are otherwise not appropriate for inclusion in the Cook Wave 1 because, for example, the case has been or will be dismissed. In addition, the parties should identify any cases in the Cook MDL that are not on Exhibit A, but name only the Cook defendants; On or before 6/09/2015, the court will enter a PTO confirming the cases to be included in the Cook Wave 1. Additionally, the following deadlines apply in the Cook Wave 1 cases: Deadline for written discovery requests - 10/5/2015; Expert disclosure by party with burden of proof - 9/21/2015; Expert disclosure by opposing party - 10/19/2015; Expert disclosure for rebuttal purposes - 11/4/2015; Deposition deadline and close of discovery - 11/18/2015; Filing of dispositive and Daubert motions - 12/8/2015; Responses to dispositive and Daubert motions -12/22/2015; and Reply to response to dispositive and Daubert motions - 12/29/2015. The last date to complete depositions shall be the discovery completion date by which all discovery, including disclosures required by Federal Rule of Civil Procedure 26(a)(1), and (2), but not disclosures required by Federal Rule of Civil Procedure 26(a)(3), shall be completed. 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: A consolidated motion to seal is due on or before 10/19/2015, any response is due 11/5/2015, and any reply is due 11/12/2015. By no later than 11/02/2015, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall submit venue recommendations to the court, either jointly or separately, by 11/16/2015. At the conclusion of pre-trial proceedings, the court, pursuant to PTO # 13 and 28 U.S.C. § 1404(a), will transfer each directly-filed case to a federal district court of proper venue as defined in 28 U.S.C. § 1391. In the alternative, pursuant to PTO # 13 and 28 U.S.C. § 1407, cases that were transferred to this court by the MDL panel shall be remanded for further proceedings to the federal district court from which each such case was initially transferred, as more fully set forth herein. The court DIRECTS the Clerk to file a copy of this order in 2:13-md-2440 and in the cases listed on Exhibit A. Signed by Judge Joseph R. Goodwin on 5/19/2015. (Attachment: # 1 Exhibit A) (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: MDL 2440, Cases listed on Exhibit A) (mek)
262015-05-29 PRETRIAL ORDER # 62 (First Amended Docket Control Order for Remaining Cook MDL Cases and Order Granting Plaintiffs' Unopposed Motion for Extension) It is ORDERED that Plaintiffs' Unopposed Motion for Extension filed in MDL 2440 is GRANTED, setting the following deadlines as more fully set forth herein: On or before 8/31/2015 the parties are directed to notify the court by filing a Notice Complying with PTO # 59; On or before 9/08/2015 the court will enter a PTO confirming the cases to be included in the Cook Wave 1; The following deadlines apply in the Cook Wave 1 cases: 1/04/2016 - deadline for written discovery requests; 12/21/2015 - expert disclosure by party with burden of proof; 1/18/2016 - expert disclosure by opposing party; 2/02/2016 - expert disclosure for rebuttal purposes; 2/16/2016 - deposition deadline and close of discovery; 3/07/2016 - filing of dispositive and Daubert motions; 3/22/2016 - responses to dispositive and Daubert motions; and 3/28/2016 - reply to response to dispositive and Daubert motions; 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: 1/18/2016 - consolidated motion to seal is due; 2/3/2016 responses due; and 2/10/2016 replies due; By no later than 2/01/2016, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall submit venue recommendations to the court, either jointly or separately, by 2/16/2016; At the conclusion of pre-trial proceedings, the court, pursuant to PTO # 13 and 28 U.S.C. § 1404(a), will transfer each directly-filed case to a federal district court of proper venue as defined in 28 U.S.C. § 1391. The court DIRECTS the Clerk to file a copy of this order in 2:13-md-2440 and in the cases listed on Exhibit A. Signed by Judge Joseph R. Goodwin on 5/29/2015. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: MDL 2440; Cases listed on Exhibit A) (mek)
272015-07-20 PRETRIAL ORDER # 63 (Second Amended Docket Control Order for Remaining Cook MDL Cases and Order Granting Plaintiffs' Unopposed Motion for Extension) Finding that PTO # 62 (First Amended Docket Control Order for Remaining Cook MDL Cases and Order Granting Plaintiffs' Unopposed Motion to Extension) requires clarification in paragraphs A.1 and A.2. Accordingly, it is ORDERED as follows and as more fully set forth herein: On or before 8/31/2015, the parties are directed to notify the court by filing in MDL 2440 only, a "Notice Complying with PTO # 63," which identifies by name and case number, any cases on Exhibit A; On or before 9/08/2015, the court will enter a PTO confirming the cases to be included in the Cook Wave 1. The following deadlines apply in the Cook Wave 1 cases: 1/04/2016 - deadline for written discovery requests; 12/21/2015 - expert disclosure by party with burden of proof; 1/18/2016 - expert disclosure by opposing party; 2/02/2016 - expert disclosure for rebuttal purposes; 2/16/2016 - deposition deadline and close of discovery; 3/07/2016 - filing of dispositive and Daubert motions; 3/22/2016 - responses to dispositive and Daubert motions; and 3/28/2016 - reply to response to dispositive and Daubert motions. 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: 1/18/2016 - consolidated motion to seal is due; 2/3/2016 responses due; and 2/10/2016 replies due; By no later than 2/01/2016, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall submit venue recommendations to the court, either jointly or separately, by 2/15/2016; At the conclusion of pre-trial proceedings, the court, pursuant to PTO # 13 and 28 U.S.C. § 1404(a), will transfer each directly-filed case to a federal district court of proper venue as defined in 28 U.S.C. § 1391. If a case is to be tried in the WVSD the case shall be deemed trial-ready when discovery is completed and the court rules on the parties' pretrial motions. Signed by Judge Joseph R. Goodwin on 7/20/2015. (Attachment: # 1 Exhibit A) (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: MDL 2440; Cases Listed on Exhibit A) (ts)
27.1 Exhibit A