Case Details

CourtSouthern District of West Virginia
Docket number2:13-cv-14697
Date case filed2013-06-18
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: Sarah Ruth Dunnington
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 PRO HAC VICE 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 ATTORNEY TO BE NOTICED

Attorney name: J. Gerard Stranch
Attorney Contact:
BRANSTETTER STRANCH & JENNINGS
Fourth Floor
227 Second Avenue, North
Nashville, TN 37201
615/254-8801
Fax: 615/250-3937
Email: [email protected]
LEAD ATTORNEY 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]
ATTORNEY TO BE NOTICED
Party: Dennis Barfield
Party type: Plaintiff
Attorney name: Bryan F. Aylstock
Attorney Contact:
(See above for address)
LEAD ATTORNEY PRO HAC VICE 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 ATTORNEY TO BE NOTICED

Attorney name: J. Gerard Stranch
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Neil D. Overholtz
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Cook Group, Inc.
Party type: Defendant
Attorney name: Glen G. Reid , Jr.
Attorney Contact:
WYATT TARRANT & COMBS
Suite 800
1715 Aaron Brenner Drive
Memphis, TN 38120
901/537-1000
Fax: 901/537-1010
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: 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]
ATTORNEY TO BE NOTICED

Attorney name: James C. Bradshaw , III
Attorney Contact:
WYATT TARRANT & COMBS
Suite 1500
2525 West End Avenue
Nashville, TN 37203
615/244-0020
Fax: 615/256-1726
Email: [email protected]
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]
ATTORNEY TO BE NOTICED
Party: Cook Incorporated
Party type: Defendant
Attorney name: Glen G. Reid , Jr.
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: James M. Boyers
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: James C. Bradshaw , III
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Jennifer Lynn Schuster
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Cook Biotech, Inc.
Party type: Defendant
Attorney name: Glen G. Reid , Jr.
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: James M. Boyers
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: James C. Bradshaw , III
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Jennifer Lynn Schuster
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Cook Urological Incorporated
Party type: Defendant
Attorney name: Glen G. Reid , Jr.
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: James M. Boyers
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: James C. Bradshaw , III
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Jennifer Lynn Schuster
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Cook Medical, Inc.
Party type: Defendant
Attorney name: Glen G. Reid , Jr.
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: James M. Boyers
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: James C. Bradshaw , III
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

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

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12012-07-12 COMPLAINT against All Defendants (Filing fee $ 350 receipt number 0651-1519057), filed by All Plaintiffs. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons)(Overholtz, Neil) [Transferred from Tennessee Western on 1/9/2013.] [Transferred from Tennessee Middle on 6/18/2013.]
22012-07-13 Summons Issued as to Cook (Canada), Inc.. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (Attachments: # 1 SUmmons Issued as to Cool Biotech Inc, # 2 SUmmons Issued as to Cook Medical Inc, # 3 Summons Issued as to Cook Group Inc, # 4 Summons Issued as to Cook Canada Inc, # 5 Summons Issued as to William A Cook Austrailia, # 6 Summons Issued as to Cook Ireland LTD)(jml) (Additional attachment(s) added on 7/13/2012: # 7 Summons Issued as to Cook, Inc) (jml). [Transferred from Tennessee Western on 1/9/2013.] [Transferred from Tennessee Middle on 6/18/2013.]
32012-07-13 ORDER. Signed Order on 07/13/2012. (jml) [Transferred from Tennessee Western on 1/9/2013.] [Transferred from Tennessee Middle on 6/18/2013.]
42012-07-16 NOTICE of Judicial Assignment Card. (jml) [Transferred from Tennessee Western on 1/9/2013.] [Transferred from Tennessee Middle on 6/18/2013.]
52012-08-30 MOTION for Extension of Time to File Answer re 1 Complaint, Unopposed (proposed Order submitted) by Cook Biotech, Inc., Cook Group, Inc., Cook Medical, Inc.. (Reid, Glen) [Transferred from Tennessee Western on 1/9/2013.] [Transferred from Tennessee Middle on 6/18/2013.]
62012-09-04 ORDER [TEXT ONLY - NO IMAGE ASSOCIATED WITH THIS ENTRY] granting 5 Motion for Extension of Time to Answer by Cook Biotech, Inc., Cook Group, Inc. and Cook Medical, Inc.; Answer due by 9/21/2012. Signed by Judge J. Frederick Motz on 9/4/12. (Motz, J.) [Transferred from Tennessee Western on 1/9/2013.] [Transferred from Tennessee Middle on 6/18/2013.]
72012-09-19 AFFIDAVIT of Service for Complaint served on Cook, Inc. on 8/13/2012, filed by Sarah Ruth Dunnington. (Overholtz, Neil) [Transferred from Tennessee Western on 1/9/2013.] [Transferred from Tennessee Middle on 6/18/2013.]
82012-09-19 AFFIDAVIT of Service for Complaint served on Cook Medical, Inc. on 8/13/2012, filed by Sarah Ruth Dunnington. (Overholtz, Neil) [Transferred from Tennessee Western on 1/9/2013.] [Transferred from Tennessee Middle on 6/18/2013.]
92012-09-19 AFFIDAVIT of Service for Complaint served on Cook Biotech, Inc. on 8/15/2012, filed by Sarah Ruth Dunnington. (Overholtz, Neil) [Transferred from Tennessee Western on 1/9/2013.] [Transferred from Tennessee Middle on 6/18/2013.]
102012-09-19 AFFIDAVIT of Service for Complaint served on Cook Group, Inc. on 8/15/2012, filed by Sarah Ruth Dunnington. (Overholtz, Neil) [Transferred from Tennessee Western on 1/9/2013.] [Transferred from Tennessee Middle on 6/18/2013.]
112012-09-21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Cook Biotech, Inc., Cook Group, Inc., Cook Medical, Inc.. (Attachments: # 1 Memorandum In Support)(Reid, Glen) [Transferred from Tennessee Western on 1/9/2013.] [Transferred from Tennessee Middle on 6/18/2013.]
122012-10-05 AMENDED COMPLAINT AND JURY DEMAND against Cook Biotech, Inc., Cook Group, Inc., Cook Medical, Inc., Cook Urological Incorporated, Cook Incorporated, filed by All Plaintiffs. (Attachments: # 1 Summons Cook Urological, # 2 Summons Cook Incorporated) (Overholtz, Neil) [Transferred from Tennessee Western on 1/9/2013.] [Transferred from Tennessee Middle on 6/18/2013.]
132012-10-10 Summons Issued as to Cook Incorporated. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) [Transferred from Tennessee Western on 1/9/2013.] [Transferred from Tennessee Middle on 6/18/2013.]
142012-10-05 Summons Issued as to Cook Urological Incorporated. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) [Transferred from Tennessee Western on 1/9/2013.] [Transferred from Tennessee Middle on 6/18/2013.] (Entered: 10/10/2012)
152012-10-15 MOTION for Leave to Appear Pro Hac Vice . (Filing fee $ 100 receipt number 0651-1574747) by Cook Biotech, Inc., Cook Group, Inc., Cook Medical, Inc.. (Attachments: # 1 Exhibit Cert. of Good Standing, # 2 Exhibit Cert. of Good Standing)(King, Douglas) [Transferred from Tennessee Western on 1/9/2013.] [Transferred from Tennessee Middle on 6/18/2013.]
162012-10-16 MOTION for Leave to Appear Pro Hac Vice . (Filing fee $ 100 receipt number 0651-1575527) by Cook Biotech, Inc., Cook Group, Inc., Cook Medical, Inc.. (Attachments: # 1 Exhibit Cert. of Good Standing, # 2 Exhibit Cert. of Good Standing)(Silverthorn, Leah) [Transferred from Tennessee Western on 1/9/2013.] [Transferred from Tennessee Middle on 6/18/2013.]
172012-10-19 ANSWER to 12 Amended Complaint, by Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical, Inc., Cook Urological Incorporated.(Reid, Glen) [Transferred from Tennessee Western on 1/9/2013.] [Transferred from Tennessee Middle on 6/18/2013.]
182012-10-19 ORDER Granting 15 Motion for Leave to Appear Pro Hac Vice by Douglas B. King. Signed by Judge J. Frederick Motz on 10/19/12. (Motz, J.) [Transferred from Tennessee Western on 1/9/2013.] [Transferred from Tennessee Middle on 6/18/2013.]
192012-10-19 ORDER Granting 16 Motion for Leave to Appear Pro Hac Vice by Leah B. Silverhorn. Signed by Judge J. Frederick Motz on 10/17/12. (Motz, J.) [Transferred from Tennessee Western on 1/9/2013.] [Transferred from Tennessee Middle on 6/18/2013.]
202012-11-09 SETTING LETTER: Scheduling Conference set for 11/28/2012 at 4:30 PM (EST) before Judge J. Frederick Motz. (Attachments: # 1 Exhibit: Tentative Scheduling Order, # 2 Exhibit: Call-In Program)(Motz, J.) [Transferred from Tennessee Western on 1/9/2013.] [Transferred from Tennessee Middle on 6/18/2013.]
212012-11-15 NOTICE of Appearance by J. Gerard Stranch, IV on behalf of Sarah Ruth Dunnington (Stranch, J.) [Transferred from Tennessee Western on 1/9/2013.] [Transferred from Tennessee Middle on 6/18/2013.]
222012-12-03 MOTION to Change Venue (Unopposed) by Sarah Ruth Dunnington. (Stranch, J.) [Transferred from Tennessee Western on 1/9/2013.] [Transferred from Tennessee Middle on 6/18/2013.]
232012-12-20 NOTICE by Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical, Inc., Cook Urological Incorporated Notice of Service of Cook's Fed.R.Civ.P.26(a)(1)(A) Initial Disclosures (Bradshaw, James) [Transferred from Tennessee Western on 1/9/2013.] [Transferred from Tennessee Middle on 6/18/2013.]
242013-01-08 ORDER granting 22 Motion to Change Venue. Signed by Judge J. Frederick Motz on 01/08/2013. (Motz, J.) [Transferred from Tennessee Western on 1/9/2013.] [Transferred from Tennessee Middle on 6/18/2013.]
252013-01-09 Case electronically transferred in from the Western District of Tennessee, Case Number 2:12-cv-02619. New Case Number 3:13-cv-14, Assigned to Judge Nixon and Magistrate Judge Knowles. [Transferred from Tennessee Middle on 6/18/2013.]
262013-01-09 ***VACATED PER ORDER DE# 36 *** NOTICE of Initial Case Management Conference set for 3/4/2013 at 11:00 AM before Magistrate Judge E. Clifton Knowles. (af) Modified text on 2/25/2013 (hb). [Transferred from Tennessee Middle on 6/18/2013.]
272013-01-09 NOTICE re Corporate Disclosure Statement. (af) [Transferred from Tennessee Middle on 6/18/2013.]
282013-01-11 MOTION for attorney(s) Douglas B. King to Appear Pro Hac Vice (Fee not paid-due within 20 days) by Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical, Inc., Cook Urological Incorporated. (Attachments: # 1 Attachment Affidavit of Douglas B. King, # 2 Attachment Certificate of Good Standing - Douglas B. King, # 3 Proposed Order)(Bradshaw, James) [Transferred from Tennessee Middle on 6/18/2013.]
292013-01-11 MOTION for attorney(s) James M. Boyers to Appear Pro Hac Vice (Fee not paid-due within 20 days) by Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical, Inc., Cook Urological Incorporated. (Attachments: # 1 Attachment Affidaivt - James M. Boyers, # 2 Attachment Certificate of Good Standing - James M. Boyers, # 3 Proposed Order)(Bradshaw, James) [Transferred from Tennessee Middle on 6/18/2013.]
302013-01-11 MOTION for attorney(s) Jennifer L. Schuster to Appear Pro Hac Vice (Fee not paid-due within 20 days) by Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical, Inc., Cook Urological Incorporated. (Attachments: # 1 Attachment Afffidavit - Jennifer L. Schuster, # 2 Attachment Certificate of Good Standing - Jennifer L. Schuster, # 3 Proposed Order)(Bradshaw, James) [Transferred from Tennessee Middle on 6/18/2013.]
312013-01-29 RECEIPT #34675025024 in the amount of $225.00 re 28 , 29 , and 30 Motions for Attys. Douglas B. King, James M. Boyers, and Jennifer L. Schuster to Appear Pro Hac Vice. (hb) [Transferred from Tennessee Middle on 6/18/2013.]
322013-01-30 ORDER granting 28 , 29 , & 30 Motions for Douglas B. King, James M. Boyers, and Jennifer L. Schuster to Appear Pro Hac Vice. Signed by Magistrate Judge E. Clifton Knowles on 1/30/2013. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) [Transferred from Tennessee Middle on 6/18/2013.]
332013-02-01 MOTION for Leave to Withdraw Appearance of Leah B. Silverthorn, MOTION to Withdraw as Attorney by Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical, Inc., Cook Urological Incorporated. (Attachments: # 1 Proposed Order granting motion)(Bradshaw, James) [Transferred from Tennessee Middle on 6/18/2013.]
342013-02-04 CORPORATE DISCLOSURE STATEMENT filed by Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical, Inc., Cook Urological Incorporated. (Schuster, Jennifer) [Transferred from Tennessee Middle on 6/18/2013.]
352013-02-13 MOTION to Reassign Case (Motion for Intra-District Transfer of Case) by Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical, Inc., Cook Urological Incorporated. (Attachments: # 1 Proposed Order)(Schuster, Jennifer) [Transferred from Tennessee Middle on 6/18/2013.]
362013-02-25 ORDER granting 35 MOTION to Reassign Case (Motion for Intra-District Transfer of Case) Case reassigned to District Judge Aleta A. Trauger for all further proceedings. Signed by Senior Judge John T. Nixon on 2/25/2013. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) [Transferred from Tennessee Middle on 6/18/2013.]
372013-02-25 ORDER: It is hereby ORDERED that this case is CONSOLIDATED with Johnson v. Cook Biotech, Inc., et al., Case No. 3:12-1153, and Mansfield v. Cook Biotech, Inc., et al., Case No. 3:12-1252. Consolidated discovery shall be taken in all three cases. A decision will be made at a later time as to whether all three cases will be tried together. All filings in these consolidated cases shall be made in the Johnson v. Cook Biotech, Inc., et al., Case No. 3:12-1153. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 2/25/2013. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) [Transferred from Tennessee Middle on 6/18/2013.]
382013-02-25 ORDER: Upon the transfer of this case to Judge Trauger, the reference to the Magistrate Judge is WITHDRAWN, and the initial case management conference scheduled before Magistrate Judge Knowles on March 4, 2013 (Docket No. 26 ) is VACATED. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 2/25/2013. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) [Transferred from Tennessee Middle on 6/18/2013.]
392013-03-05 ORDER granting Motion to Withdraw as Attorney. Attorney Leah Bell Silverthorn terminated. Signed by District Judge Aleta A. Trauger on 3/5/2013. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) [Transferred from Tennessee Middle on 6/18/2013.]
402013-03-05 ORDER GRANTING MOTION FOR LEAVE TO WITHDRAW APPEARANCE OF LEAH B. SILVERTHORN. Signed by District Judge Aleta A. Trauger on 3/5/2013. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) [Transferred from Tennessee Middle on 6/18/2013.]
412013-06-14 CERTIFIED TRANSFER ORDER rec'd from the Southern District of West Virginia transferring case to that court. (case ready for closing/transfer-proposed order to chambers.) (af) [Transferred from Tennessee Middle on 6/18/2013.] (Entered: 06/15/2013)
422013-06-18 ORDER: Pursuant to the Transfer Order of the Judicial Panel on Multidistrict Litigation, MDL No. 2440, this case is hereby transferred to the United States District Court for the Southern District of West Virginia for coordinated or consolidated pretrial proceedings. The Clerk of Court is directed to close the case and electronically transmit the record to the United States District Court for the Southern District of West Virginia. IT IS SO ORDERED. Signed by District Judge Aleta A. Trauger on 6/18/2013. (la) [Transferred from Tennessee Middle on 6/18/2013.]
432013-06-18 CASE TRANSFERRED IN from the Tennessee Middle; Case Number 3:13-cv-00014. Original file certified copy of transfer order and docket sheet received.
442013-06-18 TRANSMITTED PRETRIAL ORDER #1 (Initial Conference and Case Management) entered on 06/13/2013 in MDL 2440 to attorneys in member case. (jap)