Case Details

CourtSouthern District of West Virginia
Docket number2:13-cv-14710
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: Alice J. Johnson
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: baylstock@awkolaw.com
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: rbaggett@awkolaw.com
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: dkreis@awkolaw.com
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: gerards@branstetterlaw.com
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: noverholtz@awkolaw.com
ATTORNEY TO BE NOTICED
Party: Shelia Mansfield
Party type: Consol 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)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Sarah Ruth Dunnington
Party type: Consol 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)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Dennis Barfield
Party type: Consol 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)
LEAD ATTORNEY 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: greid@wyattfirm.com
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: dking@woodmclaw.com
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: jboyers@woodmclaw.com
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: jbradshaw@wyattfirm.com
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
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 0651-1519114), 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 11/7/2012.] [Transferred from Tennessee Middle on 6/18/2013.]
22012-07-12 Magistrate Judge Charmiane G. Claxton added. Magistrate Consent Package Sent. (jld) [Transferred from Tennessee Western on 11/7/2012.] [Transferred from Tennessee Middle on 6/18/2013.] (Entered: 07/13/2012)
32012-07-13 Summons Issued as to Cook, 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. (jld) [Transferred from Tennessee Western on 11/7/2012.] [Transferred from Tennessee Middle on 6/18/2013.]
42012-07-13 Summons Issued as to Cook Biotech, 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. (jld) [Transferred from Tennessee Western on 11/7/2012.] [Transferred from Tennessee Middle on 6/18/2013.]
52012-07-13 Summons Issued as to Cook Medical, 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. (jld) [Transferred from Tennessee Western on 11/7/2012.] [Transferred from Tennessee Middle on 6/18/2013.]
62012-07-13 Summons Issued as to Cook Group, 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. (jld) [Transferred from Tennessee Western on 11/7/2012.] [Transferred from Tennessee Middle on 6/18/2013.]
72012-07-13 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. (jld) [Transferred from Tennessee Western on 11/7/2012.] [Transferred from Tennessee Middle on 6/18/2013.]
82012-07-13 Summons Issued as to William A. Cook Australia Pty, Ltd.. 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 11/7/2012.] [Transferred from Tennessee Middle on 6/18/2013.]
92012-07-13 Summons Issued as to Cook Ireland, Ltd.. 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 11/7/2012.] [Transferred from Tennessee Middle on 6/18/2013.]
102012-08-30 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 11/7/2012.] [Transferred from Tennessee Middle on 6/18/2013.]
112012-09-10 ORDER Granting 10 Motion for Extension of Time to Answer Cook Biotech, Inc., Cook Group, Inc. and Cook Medical, Inc. answer due 9/21/2012. Signed by Magistrate Judge Charmiane G. Claxton on 9/10/2012. (Claxton, Charmiane) [Transferred from Tennessee Western on 11/7/2012.] [Transferred from Tennessee Middle on 6/18/2013.] (Entered: 09/11/2012)
122012-09-19 AFFIDAVIT of Service for Complaint served on Cook, Inc. on 8/13/2012, filed by Alice J. Johnson. (Overholtz, Neil) [Transferred from Tennessee Western on 11/7/2012.] [Transferred from Tennessee Middle on 6/18/2013.]
132012-09-19 AFFIDAVIT of Service for Complaint served on Cook Medical, Inc. on 8/13/2012, filed by Alice J. Johnson. (Overholtz, Neil) [Transferred from Tennessee Western on 11/7/2012.] [Transferred from Tennessee Middle on 6/18/2013.]
142012-09-19 AFFIDAVIT of Service for Complaint served on Cook Group, Inc. on 8/15/2012, filed by Alice J. Johnson. (Overholtz, Neil) [Transferred from Tennessee Western on 11/7/2012.] [Transferred from Tennessee Middle on 6/18/2013.]
152012-09-19 AFFIDAVIT of Service for Complaint served on Cook Biotech, Inc. on 8/27/2012, filed by Alice J. Johnson. (Overholtz, Neil) [Transferred from Tennessee Western on 11/7/2012.] [Transferred from Tennessee Middle on 6/18/2013.]
162012-09-21 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 11/7/2012.] [Transferred from Tennessee Middle on 6/18/2013.]
172012-10-04 Chief Judge Jon Phipps McCalla added as presiding judge. Magistrate Judge Charmiane G. Claxton assigned as referral judge. (wjn) [Transferred from Tennessee Western on 11/7/2012.] [Transferred from Tennessee Middle on 6/18/2013.]
182012-10-05 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 Incorporated, # 2 Summons Cook Urological) (Overholtz, Neil) [Transferred from Tennessee Western on 11/7/2012.] [Transferred from Tennessee Middle on 6/18/2013.]
192012-10-15 MOTION for Leave to Appear Pro Hac Vice . (Filing fee $ 100 receipt number 0651-1574756) 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 11/7/2012.] [Transferred from Tennessee Middle on 6/18/2013.]
202012-10-16 ORDER granting 19 Motion for Leave to Appear Pro Hac Vice. Signed by Chief Judge Jon Phipps McCalla on 10/16/12. (McCalla, Jon) [Transferred from Tennessee Western on 11/7/2012.] [Transferred from Tennessee Middle on 6/18/2013.]
212012-10-16 MOTION for Leave to Appear Pro Hac Vice . (Filing fee $ 100 receipt number 0651-1575517) 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 11/7/2012.] [Transferred from Tennessee Middle on 6/18/2013.]
222012-10-18 ORDER denying as Moot 16 Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge Jon Phipps McCalla on 10/18/12. (McCalla, Jon) [Transferred from Tennessee Western on 11/7/2012.] [Transferred from Tennessee Middle on 6/18/2013.]
232012-10-19 ANSWER to 18 Amended Complaint, by COOK INCORPORATED, COOK UROLOGICAL INCORPORATED, Cook Biotech, Inc., Cook Group, Inc., Cook Medical, Inc..(Reid, Glen) [Transferred from Tennessee Western on 11/7/2012.] [Transferred from Tennessee Middle on 6/18/2013.]
242012-10-23 ORDER granting 21 Motion for Leave to Appear Pro Hac Vice. Signed by Chief Judge Jon Phipps McCalla on 10/23/12. (McCalla, Jon) [Transferred from Tennessee Western on 11/7/2012.] [Transferred from Tennessee Middle on 6/18/2013.]
252012-10-30 ORDER TO SHOW CAUSE. Signed by Chief Judge Jon Phipps McCalla on 10/30/12. (McCalla, Jon) [Transferred from Tennessee Western on 11/7/2012.] [Transferred from Tennessee Middle on 6/18/2013.]
262012-11-02 ORDER OF TRANSFER. Signed by Chief Judge Jon Phipps McCalla on 11/1/12. (McCalla, Jon) [Transferred from Tennessee Western on 11/7/2012.] [Transferred from Tennessee Middle on 6/18/2013.]
272012-11-02 Judge Samuel H. Mays, Jr added. Chief Judge Jon Phipps McCalla no longer assigned to case per Order of Transfer (DE# 26 ). (cas) [Transferred from Tennessee Western on 11/7/2012.] [Transferred from Tennessee Middle on 6/18/2013.]
282012-11-06 MOTION to Change Venue Unopposed Motion (Proposed Order Submitted) by Alice J. Johnson. (Stranch, J.) [Transferred from Tennessee Western on 11/7/2012.] [Transferred from Tennessee Middle on 6/18/2013.]
292012-11-06 ORDER GRANTING MOTION 28 FOR TRANSFER OF VENUE PURSUANT TO 28 U.S.C. ยง 1404(a), signed by Judge Samuel H. Mays, Jr. on 11/06/2012. This action is transferred to the United States District Court for the Middle District of Tennessee. (Mays, Samuel) [Transferred from Tennessee Western on 11/7/2012.] [Transferred from Tennessee Middle on 6/18/2013.]
302012-11-07 Case transferred in from the District of Tennessee Western; Case Number 2:12-cv-02622. Original file certified copy of transfer order and docket sheet received. [Transferred from Tennessee Middle on 6/18/2013.]
312012-11-07 NOTICE of Initial Case Management Conference set for 1/7/2013 at 01:30 PM in Chambers 825 before District Judge Aleta A. Trauger. (afs) (Main Document 31 replaced on 11/8/2012) (afs). (Main Document 31 replaced on 11/28/2012) (afs). [Transferred from Tennessee Middle on 6/18/2013.]
322012-11-08 Summons issued as to COOK UROLOGICAL INCORPORATED, Cook Incorporated. (afs) [Transferred from Tennessee Middle on 6/18/2013.]
332012-11-14 SUMMONS returned executed by Alice J. Johnson. Cook Incorporated served on 11/9/2012. (Stranch, James) Modified text on 11/14/2012 (tmw). [Transferred from Tennessee Middle on 6/18/2013.]
342012-11-14 SUMMONS returned executed by Alice J. Johnson. COOK UROLOGICAL INCORPORATED served on 11/9/2012. (Stranch, James) [Transferred from Tennessee Middle on 6/18/2013.]
352012-11-15 NOTICE of Appearance by James Gerard Stranch, IV on behalf of Alice J. Johnson (Stranch, James) [Transferred from Tennessee Middle on 6/18/2013.]
362012-11-27 MOTION for attorney(s) Douglas B. King to Appear Pro Hac Vice (Fee not paid-due within 20 days) by COOK UROLOGICAL INCORPORATED, Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical, Inc. (Attachments: # 1 Proposed Order Proposed Order Douglas B. King Pro Hac Vice Admission)(Bradshaw, James) Modified on 11/28/2012 (tmw). [Transferred from Tennessee Middle on 6/18/2013.]
372012-11-27 AFFIDAVIT re 36 MOTION for attorney(s) Douglas B. King to Appear Pro Hac Vice (Fee not paid-due within 20 days) MOTION for attorney(s) Douglas B. King to Appear Pro Hac Vice (Fee not paid-due within 20 days) by COOK UROLOGICAL INCORPORATED, Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical, Inc. (Bradshaw, James) Modified on 11/28/2012 (tmw). [Transferred from Tennessee Middle on 6/18/2013.]
382012-11-27 CERTIFICATE OF GOOD STANDING of Attorney Douglas B. King from the United States District Court for the Southern of Indiana filed by Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical, Inc., Cook Urological Incorporated. (Bradshaw, James) Modified on 11/28/2012 (tmw). [Transferred from Tennessee Middle on 6/18/2013.]
392012-11-27 MOTION for attorney(s) Jennifer L. Schuster to Appear Pro Hac Vice (Fee paid 12/6/12) by Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical, Inc., Cook Urological Incorporated. (Attachments: # 1 Proposed Order Proposed Order for Pro Hac Vice Admission of Jennifer L. Schuster)(Bradshaw, James) Modified on 11/28/2012 (tmw). Modified on 12/21/2012 (af). [Transferred from Tennessee Middle on 6/18/2013.]
402012-11-27 AFFIDAVIT re 39 MOTION for attorney(s) Jennifer L. Schuster to Appear Pro Hac Vice (Fee not paid-due within 20 days) 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. (Bradshaw, James) [Transferred from Tennessee Middle on 6/18/2013.]
412012-11-27 CERTIFICATE OF GOOD STANDING of Attorney Jennifer L. Schuster from the United States District Court for the Southern of Indiana filed by Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical, Inc., Cook Urological Incorporated. (Bradshaw, James) [Transferred from Tennessee Middle on 6/18/2013.]
422012-11-27 MOTION for attorney(s) Neil D. Overholtz to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-1415078) by Alice J. Johnson. (Attachments: # 1 Attachment Certification of Neil D. Overholtz)(Stranch, James) [Transferred from Tennessee Middle on 6/18/2013.]
432012-11-28 MOTION to Withdraw as Attorney Leah B. Silverthorn by Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical, Inc., Cook Urological Incorporated. (Attachments: # 1 Proposed Order Proposed Order Granting the Withdrawal of Leah B. Silverthorn as Attorney on this Matter)(Bradshaw, James) [Transferred from Tennessee Middle on 6/18/2013.]
442012-11-28 ORDER granting 36 Motion for Douglas B. King to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 11/28/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) [Transferred from Tennessee Middle on 6/18/2013.]
452012-11-28 ORDER ADMISSION PRO HAC VICE: This matter is before the Court upon Defendants Cook Group Incorporated, Cook Incorporated, Cook Biotech Incorporated, Cook Urological Incorporated, and Cook Medical Incorporateds (collectively Cook) Motion to Appear Pro Hac Vice. Upon consideration of the motion, the Court finds that the same is well taken and should be granted. It is hereby ORDERED, ADJUDGED and DECREED that Douglas B. King may appear in this action pro hac vice on behalf of Cook for all purposes in this case. Signed by District Judge Aleta A. Trauger on 11/28/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) [Transferred from Tennessee Middle on 6/18/2013.]
462012-11-29 ORDER granting 43 Motion to Withdraw as Attorney. Attorney Leah Bell Silverthorn terminated. Signed by District Judge Aleta A. Trauger on 11/29/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) [Transferred from Tennessee Middle on 6/18/2013.]
472012-11-29 ORDER: It is hereby ORDERED, ADJUDGED and DECREED that the appearance of Leah B. Silverthorn is hereby withdrawn. Glen G. Reid, Jr., James C. Bradshaw III, Douglas B. King (pro hac vice pending), and Jennifer L. Schuster (pro hac vice pending) will remain as counsel for Cook in this matter. Entered this the 29th day of November, 2012. Signed by District Judge Aleta A. Trauger on 11/29/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) [Transferred from Tennessee Middle on 6/18/2013.]
482012-12-20 NOTICE by Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical, Inc., Cook Urological Incorporated of Service of Cook's Fed.R.Civ.P.26(a)(1)(A) Initial Disclosures (Bradshaw, James) [Transferred from Tennessee Middle on 6/18/2013.]
492012-12-21 REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Exhibit Exhibit A - Defendants' Brief Theories, # 2 Exhibit Exhibit C - Vanderbilt Authorization, # 3 Exhibit Exhibit D - Plaintiff Profile Form, # 4 Exhibit Exhibit E - Proposed Agreed Motion for Entry of Agreed Protective Order, # 5 Exhibit Exhibit F - Proposed Agreed Protective Order, # 6 Exhibit Exhibit G - Plaintiffs' Letter Dated November 26, 2012)(King, Douglas) [Transferred from Tennessee Middle on 6/18/2013.]
502012-12-21 ORDER granting 39 Motion for Jennifer L. Schuster to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 12/21/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af) [Transferred from Tennessee Middle on 6/18/2013.]
512012-12-21 ORDER: It is hereby ORDERED, ADJUDGED and DECREED that Jennifer L. Schuster may appear in this action pro hac vice on behalf of Cook for all purposes in this case. Signed by District Judge Aleta A. Trauger on 12/21/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af) [Transferred from Tennessee Middle on 6/18/2013.]
522012-12-26 NOTICE by Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical, Inc., Cook Urological Incorporated re 48 Notice (Other) of Service of Cook's Fed.R.Civ.P. 26(a)(1)(A) Initial Disclosures (Bradshaw, James) [Transferred from Tennessee Middle on 6/18/2013.]
532013-01-03 MOTION to Continue Initial Case Management Conference by Alice J. Johnson. (Stranch, James) [Transferred from Tennessee Middle on 6/18/2013.]
542013-01-04 MOTION for attorney(s) James M. Boyers to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-1435099) by Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical, Inc., Cook Urological Incorporated. (Attachments: # 1 Proposed Order)(Bradshaw, James) [Transferred from Tennessee Middle on 6/18/2013.]
552013-01-04 AFFIDAVIT re 54 MOTION for attorney(s) James M. Boyers to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-1435099) MOTION for attorney(s) James M. Boyers to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-1435099) by Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical, Inc., Cook Urological Incorporated. (Bradshaw, James) [Transferred from Tennessee Middle on 6/18/2013.]
562013-01-04 CERTIFICATE OF GOOD STANDING of Attorney James M.Boyers from the United States District Court for the Southern District of Indiana filed by Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical, Inc., Cook Urological Incorporated. (Bradshaw, James) [Transferred from Tennessee Middle on 6/18/2013.]
572013-01-04 RESPONSE in Opposition re 53 MOTION to Continue Initial Case Management Conference filed by Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical, Inc., Cook Urological Incorporated. (Attachments: # 1 Exhibit December 19, 2012 email thread, # 2 Exhibit December 26, 2012 email, # 3 Exhibit December 31, 2012 email)(Bradshaw, James) [Transferred from Tennessee Middle on 6/18/2013.]
582013-01-04 REPLY to Response to re 53 MOTION to Continue Initial Case Management Conference filed by Alice J. Johnson. (Stranch, James) Modified on 1/8/2013 (afs). [Transferred from Tennessee Middle on 6/18/2013.]
592013-01-07 ORDER: The Motion to Continue Case Management Conference (Docket No. 53) is GRANTED. It is hereby ORDERED that the initial case management conference is rescheduled for Thursday, February 14, 2013, at 10:00 a.m. The parties shall continue to confer and file a joint proposed initial case management order. The court observes that the deadlines proposed by the defendant are unrealistically short for a case of this type and encourages the parties to agree on dates for the progress of the case. It is so ORDERED. ENTER this 7th day of January 2013. Signed by District Judge Aleta A. Trauger on 1/7/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) [Transferred from Tennessee Middle on 6/18/2013.] (Entered: 01/08/2013)
602013-01-08 ORDER: This matter is before the Court upon Defendants Cook Group Incorporated, Cook Incorporated, Cook Biotech Incorporated, Cook Urological Incorporated, and Cook Medical Incorporated's (collectively Cook) Motion to Appear Pro Hac Vice. Upon consideration of the motion, the Court finds that the same is well taken and should be granted. It is hereby ORDERED, ADJUDGED and DECREED that James M. Boyers may appear in this action pro hac vice on behalf of Cook for all purposes in this case. Signed by District Judge Aleta A. Trauger on 1/8/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) [Transferred from Tennessee Middle on 6/18/2013.]
612013-01-08 ORDER granting DE 54 Motion For James M. Boyers to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 1/8/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER. [Transferred from Tennessee Middle on 6/18/2013.]
622013-02-04 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.]
632013-02-08 CERTIFICATE OF GOOD STANDING of Attorney Neil Duane Overholtz from the United States District Court for the Northern of Florida filed by Alice J. Johnson. (Stranch, James) [Transferred from Tennessee Middle on 6/18/2013.]
642013-02-11 ORDER granting 42 Motion for Neil D. Overholtz to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 2/11/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) [Transferred from Tennessee Middle on 6/18/2013.]
652013-02-13 NOTICE by Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical, Inc., Cook Urological Incorporated Notice Regarding Case Schedule (Attachments: # 1 Exhibit A: Letter to plaintiff's counsel dated February 4, 2013 and attachments (proposed case management orders and Scheduling Order from Smith case in E.D.Ky.))(Schuster, Jennifer) [Transferred from Tennessee Middle on 6/18/2013.]
662013-02-13 PROPOSED CASE MANAGEMENT ORDER filed by Alice J. Johnson. (Attachments: # 1 Exhibit B - Defendant's Theory)(Gastel, Benjamin) [Transferred from Tennessee Middle on 6/18/2013.]
672013-02-14 ORDER SETTING CASE FOR TRIAL: Jury Trial set for 9/30/2014 at 9:00 AM before District Judge Aleta A. Trauger. Pretrial Conference set for 9/26/2014 at 1:30 PM before District Judge Aleta A. Trauger. Exhibit List and Witness List due by 9/23/2014. Proposed Pretrial Order due by 9/23/2014. Signed by District Judge Aleta A. Trauger on 2/14/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) [Transferred from Tennessee Middle on 6/18/2013.]
682013-02-25 ORDER: It is hereby ORDERED that this case is CONSOLIDATED with Mansfield v. Cook Biotech, Inc., et al., Case No. 3:12-1252, and Dunnington, et al. v. Cook Biotech, Inc., et al., Case No. 3:13-0014. 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 this case, 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.]
692013-03-01 PROPOSED CASE MANAGEMENT ORDER for Johnson, Mansfield, and Dunnington cases filed by Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical, Inc., Cook Urological Incorporated. (Attachments: # 1 Exhibit A1, A2, and A3: Brief Theories of the Plaintiffs, # 2 Exhibit B: Brief Theories of the Defendants)(Schuster, Jennifer) [Transferred from Tennessee Middle on 6/18/2013.]
702013-03-01 INTERROGATORIES Propounded to All Defendants by Sarah Ruth Dunnington, Alice J. Johnson, Shelia Mansfield.(Stranch, James) [Transferred from Tennessee Middle on 6/18/2013.]
712013-03-04 INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 6/1/2013. Discovery due by 11/1/2013. Dispositive Motions due by 4/20/2014. Signed by District Judge Aleta A. Trauger on 3/4/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) [Transferred from Tennessee Middle on 6/18/2013.]
722013-03-27 MOTION to Stay (Unopposed Motion to Stay Proceedings Pending Disposition of Motion for Transfer to MDL) by Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical, Inc., Cook Urological Incorporated. (Attachments: # 1 Exhibit 1: Motion for Transfer, # 2 Exhibit 2: Amended Schedule of Actions, # 3 Proposed Order)(Schuster, Jennifer) [Transferred from Tennessee Middle on 6/18/2013.]
732013-03-29 ORDER granting 72 Motion to Stay. Signed by District Judge Aleta A. Trauger on 3/29/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) [Transferred from Tennessee Middle on 6/18/2013.]
742013-03-29 ORDER: Cook Defendants' Unopposed Motion to Stay (DKT # 72 ) is Granted. All proceedings in these three cases are stayed until the Judicial Panel on Multidistrict Litigation issues its final ruling on the Motion for Transfer. Signed by District Judge Aleta A. Trauger on 3/28/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) [Transferred from Tennessee Middle on 6/18/2013.]
752013-06-14 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)
762013-06-18 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.]
772013-06-18 CASE TRANSFERRED IN from the Tennessee Middle; Case Number 3:12-cv-01153. Original file certified copy of transfer order and docket sheet received.
782013-06-19 TRANSMITTED PRETRIAL ORDER #1 (Initial Conference and Case Management) entered on 06/13/2013 in MDL 2440 to attorneys in member case. (jap)