This case was last updated from PACER on 02/15/2020 at 08:12:54 (UTC).

McCormick v. C. R. Bard, Inc.

Case Summary

On 12/17/2019 McCormick filed a Personal Injury - Other Product Liability lawsuit against C R Bard, Inc. This case was filed in U.S. District Courts, North Carolina Eastern District. The Judge overseeing this case is Louise Wood Flanagan. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:19-CV-00566

  • Filing Date:

    12/17/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

  • Court:

    U.S. District Courts

  • Courthouse:

    North Carolina Eastern District

Judge Details

Presiding Judge

Louise Wood Flanagan

 

Party Details

Plaintiff

Sharon McCormick

Defendant

C. R. Bard, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Anne Vankirk

Attorney at DRIGGS BILLS & DAY

Suite 500, 2125 Western Avenue

Seattle, WA 98121

Karolina S. Kulesza

Attorney at DRIGGS BILLS & DAY

331 South 600 East

Salt Lake City, UT 84102

Audrey Snyder

Attorney at Ward Black Law

208 West Wendover Avenue

Greensboro, NC 27401

Janet Ward Black

Attorney at Ward Black Law

208 West Wendover Avenue

Greensboro, NC 27401

Defendant Attorneys

Richard B. North, Jr.

Attorney at Nelson Mullins Riley & Scarborough, LLP

Suite 1700

Atlanta, GA 30363

Joseph P. Griffith

Attorney at Greenberg Traurig, LLP

2200 Ross Avenue, Suite 5200

Dallas, TX 75201

Kristin H. Agnew

Attorney at Greenberg Traurig LLP

1000 Louisiana Street, Suite 1700

Houston, TX 77002

Leslie Lane Mize

Attorney at Nelson Mullins Riley & Scarborough, LLP

Glenlake One, Suite 200, 4140 Parklake Avenue

Raleigh, NC 27612

 

Court Documents

1 #1

Civil Cover Sheet

#1

(#1) SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-4616767. (Attachment: #1 Civil Cover Sheet) (bw) [Transferred from West Virginia Southern on 12/18/2019.] (Entered: 05/25/2016)

#2

(#2) TRANSMITTED PRETRIAL ORDER # 217 (ORDER APPOINTING CATHY YANNI AS SPECIAL MASTER FOR PRIVATE SETTLEMENT AGREEMENTS BETWEEN COVIDIEN AND CERTAIN PLAINTIFFS' COUNSEL) entered on 05/17/2016 in MDL 2187 to attorneys in member case. (Attachment: #1 Exhibit A) (jk) [Transferred from West Virginia Southern on 12/18/2019.] (Entered: 05/25/2016)

2 #1

Exhibit A

#3

(#3) NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Richard B. North, Jr on behalf of C. R. Bard, Inc.. (North, Richard) [Transferred from West Virginia Southern on 12/18/2019.] (Entered: 06/07/2016)

#4

(#4) WAIVER OF SERVICE EXECUTED. C. R. Bard, Inc. waiver mailed on 5/25/2016, answer due 7/25/2016. (North, Richard) [Transferred from West Virginia Southern on 12/18/2019.] (Entered: 06/07/2016)

#5

RESTRICTED

#6

(#6) PRETRIAL ORDER # 275 (Docket Control Order - C. R. Bard Wave 7 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING C. R. BARD, INC. CASES. The court ORDERS that this Docket Control Order be filed in the main MDL and, as of the time of that filing in every case listed on Exhibit A (hereinafter "Wave 7 cases") becomes subject to the deadlines in this Docket Control Order. The stay on the Covidien Wave 1 cases is lifted and the Covidien Wave 1 cases are incorporated in the C. R. Bard Wave 7 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 7 cases: A. Scheduling Deadlines. Plaintiff Fact Sheets due by 3/19/2018, Defendant Fact Sheets due by 4/19/2018, Deadline for written discovery requests due by 5/18/2018, Expert disclosure by plaintiffs due by 6/04/2018, Expert disclosure by defendants due by 7/05/2018, Expert disclosure for rebuttal purposes due by 7/23/2018, Deposition deadline and close of discovery due by 9/04/2018, Deadline to file list of general causation experts in each individual Wave 7 case due by 9/11/2018, Filing of Dispositive Motions due by 9/21/2018, Response to Dispositive Motions due by 10/05/2018, Reply to response to dispositive motions due by 10/12/2018, Filing of Daubert motions due by 10/05/2018, Responses to Daubert motions due by 10/19/2018, and Reply to response to Daubert motions due by 10/26/2018. B.4. Confidential Documents. In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 8/10/2018, and any response is due by 8/24/2018. Any reply is due by 8/31/2018. C.1. Venue Recommendations. By no later than 8/27/2018 the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties are ORDERED to submit joint venue recommendations to the court by 9/03/2018. Additional directives are set forth herein. Signed by Judge Joseph R. Goodwin on 1/30/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2187; Bard Wave 7 Cases Listed on Exhibit A) (lca) [Transferred from West Virginia Southern on 12/18/2019.] (Entered: 01/30/2018)

#7

(#7) NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Anne Vankirk on behalf of Sharon McCormick. (Vankirk, Anne) [Transferred from West Virginia Southern on 12/18/2019.] (Entered: 04/20/2018)

#8

(#8) PRETRIAL ORDER # 283 (Amended Docket Control Order C. R. Bard Wave 7 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 275. The parties are advised that while this order will be entered in the individual cases in the coming days, it is effective as of the day it was entered in the main MDL. The following deadlines immediately apply in all Wave 7 cases: Plaintiff Fact Sheets due by 03/19/2018; Defendant Fact Sheets due by 04/19/2018; Deadline for written discovery requests due by 05/18/2018; Expert disclosures served by plaintiffs pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 07/13/2018; Expert disclosure served by defendants pursuant to Fed R. Civ P. 26 as limited by 3.a. of this order due by 08/13/2018; Expert disclosure served for rebuttal pursuant to Fed R. Civ. P. 26 as limited by 3.a. of this order due by 08/20/2018; Deposition deadline and close of discovery due by 10/04/2018; Filing of Dispositive Motions due by 10/18/2018; Response to Dispositive Motions due by 10/25/2018; Reply to response to dispositive motions due by 11/01/2018; Filing of Daubert motions due by 10/18/2018; Responses to Daubert motions due by 10/25/2018; Reply to response to Daubert motions due by 11/01/2018. Signed by Judge Joseph R. Goodwin on 6/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2187; Active Bard Wave 7 Cases) (st) [Transferred from West Virginia Southern on 12/18/2019.] (Entered: 06/15/2018)

#9

(#9) PRETRIAL ORDER # 290 (Order re: Mandatory Settlement Conference for Certain Remaining Plaintiffs in Bard MDL) directing (1) counsel for all plaintiffs identified in Exhibit A whose cases have not been resolved and are not subject to an agreement in principle to resolve, are directed to meet and confer with Pepper Hamilton LLP on or before 9/14/2018, and to engage in good faith discussions about the possibility of settlement, (2) Messrs. Garrard and Potts and Bard Settlement Counsel to provide a joint written report to the court and Special Master Reisman via email on 9/18/2018, identifying which cases remain on Exhibit A, (3) the Court will enter an Order on 9/21/2018 identifying on which of the following dates the parties in each case must appear for the settlement conference: October 15, 17, 18 or 19, 2018 or such other date as set by the court. Each day, the settlement conferences will begin at 9:00 a.m. in Charleston, West Virginia at the Robert C. Byrd United States Courthouse, (4) individual plaintiffs whose cases are scheduled for a settlement conference shall appear in person for the settlement conference along with counsel of record, and (5) any plaintiff who fails to comply with this PTO may be subject to a substantial sanction, including dismissal with prejudice. Signed by Judge Joseph R. Goodwin on 8/3/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2187; Cases Listed on Exhibit A) (kab) [Transferred from West Virginia Southern on 12/18/2019.] (Entered: 08/03/2018)

#23

(#23) Notice of Special Appearance for non-district by Kristin H. Agnew on behalf of C. R. Bard, Inc.. (Agnew, Kristin) (Entered: 02/10/2020)

#22

(#22) **CORRECTED AND REFILED AT #23 ** Notice of Appearance filed by Kristin H. Agnew on behalf of C. R. Bard, Inc.. (Agnew, Kristin) Modified on 2/13/2020 (Collins, S.). (Entered: 02/07/2020)

#21

(#21) Notice of Special Appearance for non-district by Joseph P. Griffith on behalf of C. R. Bard, Inc.. (Griffith, Joseph) (Entered: 02/06/2020)

#20

(#20) Financial Disclosure Statement by C. R. Bard, Inc. identifying Corporate Parent Becton, Dickinson and Company for C. R. Bard, Inc.. (Mize, Leslie) (Entered: 02/05/2020)

#19

(#19) Notice of Appearance filed by Audrey Snyder on behalf of Sharon McCormick. (Snyder, Audrey) (Entered: 02/03/2020)

#18

(#18) Financial Disclosure Statement by Sharon McCormick (Black, Janet Ward) (Entered: 02/03/2020)

#17

(#17) Notice of Appearance filed by Janet Ward Black on behalf of Sharon McCormick. (Black, Janet Ward) (Entered: 02/03/2020)

17 More Documents Available

 

Docket Entries

  • 02/10/2020
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  • Docket(#23) Notice of Special Appearance for non-district by Kristin H. Agnew on behalf of C. R. Bard, Inc.. (Agnew, Kristin) (Entered: 02/10/2020)

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  • 02/10/2020
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  • DocketNOTICE OF DEFICIENCY regarding #22 Notice of Appearance. Wrong event used. Counsel shall refile using the event Notice of Special Appearance. (Collins, S.) (Entered: 02/10/2020)

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  • 02/07/2020
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  • Docket(#22) **CORRECTED AND REFILED AT #23 ** Notice of Appearance filed by Kristin H. Agnew on behalf of C. R. Bard, Inc.. (Agnew, Kristin) Modified on 2/13/2020 (Collins, S.). (Entered: 02/07/2020)

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  • 02/06/2020
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  • Docket(#21) Notice of Special Appearance for non-district by Joseph P. Griffith on behalf of C. R. Bard, Inc.. (Griffith, Joseph) (Entered: 02/06/2020)

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  • 02/05/2020
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  • Docket(#20) Financial Disclosure Statement by C. R. Bard, Inc. identifying Corporate Parent Becton, Dickinson and Company for C. R. Bard, Inc.. (Mize, Leslie) (Entered: 02/05/2020)

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  • 02/03/2020
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  • Docket(#19) Notice of Appearance filed by Audrey Snyder on behalf of Sharon McCormick. (Snyder, Audrey) (Entered: 02/03/2020)

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  • 02/03/2020
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  • Docket(#18) Financial Disclosure Statement by Sharon McCormick (Black, Janet Ward) (Entered: 02/03/2020)

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  • 02/03/2020
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  • Docket(#17) Notice of Appearance filed by Janet Ward Black on behalf of Sharon McCormick. (Black, Janet Ward) (Entered: 02/03/2020)

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  • 01/02/2020
  • DocketTEXT ORDER - This matter, recently transferred from the MDL, comes before the court in furtherance of its case scheduling and management. Pursuant to notice sent to the parties on December 18, 2019, plaintiff was directed to notice appearance of local counsel in this matter. See EDNC Local Civil Rule 83.1(d), (e). Not later than 1/16/20, plaintiff is ORDERED to cause counsel to enter the requisite notices in this case. Within 14 days of plaintiff's counsel entering notice of appearance, the parties are FURTHER ORDERED to confer about ensuring that MDL orders and other documents are electronically filed in this case. Within 14 days after conferring about ensuring MDL orders and other documents are electronically filed in this case, the parties are ORDERED to file any MDL Orders and other MDL documents pertinent to resolving the instant case, as well as joint status report regarding case scheduling and other activities remaining to be conducted in this case. Signed by District Judge Louise Wood Flanagan on 1/2/2020. (Collins, S.) (Entered: 01/02/2020)

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  • 12/31/2019
  • DocketCase Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Collins, S.) (Entered: 12/31/2019)

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6 More Docket Entries
  • 09/11/2018
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  • (#10) PRETRIAL ORDER # 293 (Order re: Rescheduling Mandatory Settlement Conference for Certain Remaining Plaintiffs in Bard MDL) directing (1) counsel for all plaintiffs identified in the attached Exhibit A whose cases have not been resolved and are not subject to an agreement in principle to resolve, are directed to meet and confer with Pepper Hamilton LLP on or before 10/3/2018, and to engage in good faith discussions about the possibility of settlement, (2) Messrs. Garrard and Potts and Bard Settlement Counsel are directed to provide a joint written report to the Court and Special Master Reisman via email on 10/8/2018, identifying which cases remaining on Exhibit A have not been resolved or dismissed, (3) the Court will enter an order on 10/11/2018 identifying on which of the following dates the parties in each case must appear for the settlement conference: November 7, 8 and 9, 2018 or such other date as set by the Court. Each day, the settlement conferences will begin at 9:00 a.m. in Charleston, West Virginia at the Robert C. Byrd United States Courthouse, (4) individual plaintiffs whose cases are scheduled for a settlement conference shall appear in person for the settlement conference along with counsel of record, (5) any plaintiff who fails to comply with this PTO may be subject to a substantial sanction, including dismissal with prejudice, and (6) cases not settled during the settlement conference will be dealt with by further order. Signed by Judge Joseph R. Goodwin on 9/11/2018. (cc: attys; any unrepresented party) (REF: MDL 2187; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 12/18/2019.] (Entered: 09/11/2018)

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  • 08/03/2018
  • View Court Documents
  • (#9) PRETRIAL ORDER # 290 (Order re: Mandatory Settlement Conference for Certain Remaining Plaintiffs in Bard MDL) directing (1) counsel for all plaintiffs identified in Exhibit A whose cases have not been resolved and are not subject to an agreement in principle to resolve, are directed to meet and confer with Pepper Hamilton LLP on or before 9/14/2018, and to engage in good faith discussions about the possibility of settlement, (2) Messrs. Garrard and Potts and Bard Settlement Counsel to provide a joint written report to the court and Special Master Reisman via email on 9/18/2018, identifying which cases remain on Exhibit A, (3) the Court will enter an Order on 9/21/2018 identifying on which of the following dates the parties in each case must appear for the settlement conference: October 15, 17, 18 or 19, 2018 or such other date as set by the court. Each day, the settlement conferences will begin at 9:00 a.m. in Charleston, West Virginia at the Robert C. Byrd United States Courthouse, (4) individual plaintiffs whose cases are scheduled for a settlement conference shall appear in person for the settlement conference along with counsel of record, and (5) any plaintiff who fails to comply with this PTO may be subject to a substantial sanction, including dismissal with prejudice. Signed by Judge Joseph R. Goodwin on 8/3/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2187; Cases Listed on Exhibit A) (kab) [Transferred from West Virginia Southern on 12/18/2019.] (Entered: 08/03/2018)

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  • 06/13/2018
  • View Court Documents
  • (#8) PRETRIAL ORDER # 283 (Amended Docket Control Order C. R. Bard Wave 7 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 275. The parties are advised that while this order will be entered in the individual cases in the coming days, it is effective as of the day it was entered in the main MDL. The following deadlines immediately apply in all Wave 7 cases: Plaintiff Fact Sheets due by 03/19/2018; Defendant Fact Sheets due by 04/19/2018; Deadline for written discovery requests due by 05/18/2018; Expert disclosures served by plaintiffs pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 07/13/2018; Expert disclosure served by defendants pursuant to Fed R. Civ P. 26 as limited by 3.a. of this order due by 08/13/2018; Expert disclosure served for rebuttal pursuant to Fed R. Civ. P. 26 as limited by 3.a. of this order due by 08/20/2018; Deposition deadline and close of discovery due by 10/04/2018; Filing of Dispositive Motions due by 10/18/2018; Response to Dispositive Motions due by 10/25/2018; Reply to response to dispositive motions due by 11/01/2018; Filing of Daubert motions due by 10/18/2018; Responses to Daubert motions due by 10/25/2018; Reply to response to Daubert motions due by 11/01/2018. Signed by Judge Joseph R. Goodwin on 6/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2187; Active Bard Wave 7 Cases) (st) [Transferred from West Virginia Southern on 12/18/2019.] (Entered: 06/15/2018)

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  • 04/20/2018
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  • (#7) NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Anne Vankirk on behalf of Sharon McCormick. (Vankirk, Anne) [Transferred from West Virginia Southern on 12/18/2019.] (Entered: 04/20/2018)

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  • 01/30/2018
  • View Court Documents
  • (#6) PRETRIAL ORDER # 275 (Docket Control Order - C. R. Bard Wave 7 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING C. R. BARD, INC. CASES. The court ORDERS that this Docket Control Order be filed in the main MDL and, as of the time of that filing in every case listed on Exhibit A (hereinafter "Wave 7 cases") becomes subject to the deadlines in this Docket Control Order. The stay on the Covidien Wave 1 cases is lifted and the Covidien Wave 1 cases are incorporated in the C. R. Bard Wave 7 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 7 cases: A. Scheduling Deadlines. Plaintiff Fact Sheets due by 3/19/2018, Defendant Fact Sheets due by 4/19/2018, Deadline for written discovery requests due by 5/18/2018, Expert disclosure by plaintiffs due by 6/04/2018, Expert disclosure by defendants due by 7/05/2018, Expert disclosure for rebuttal purposes due by 7/23/2018, Deposition deadline and close of discovery due by 9/04/2018, Deadline to file list of general causation experts in each individual Wave 7 case due by 9/11/2018, Filing of Dispositive Motions due by 9/21/2018, Response to Dispositive Motions due by 10/05/2018, Reply to response to dispositive motions due by 10/12/2018, Filing of Daubert motions due by 10/05/2018, Responses to Daubert motions due by 10/19/2018, and Reply to response to Daubert motions due by 10/26/2018. B.4. Confidential Documents. In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 8/10/2018, and any response is due by 8/24/2018. Any reply is due by 8/31/2018. C.1. Venue Recommendations. By no later than 8/27/2018 the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties are ORDERED to submit joint venue recommendations to the court by 9/03/2018. Additional directives are set forth herein. Signed by Judge Joseph R. Goodwin on 1/30/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2187; Bard Wave 7 Cases Listed on Exhibit A) (lca) [Transferred from West Virginia Southern on 12/18/2019.] (Entered: 01/30/2018)

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  • 05/31/2017
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  • (#5) PLAINTIFF PROFILE FORM filed by Sharon McCormick. (Kulesza, Karolina) [Transferred from West Virginia Southern on 12/18/2019.] (Entered: 05/31/2017)

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  • 06/07/2016
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  • (#4) WAIVER OF SERVICE EXECUTED. C. R. Bard, Inc. waiver mailed on 5/25/2016, answer due 7/25/2016. (North, Richard) [Transferred from West Virginia Southern on 12/18/2019.] (Entered: 06/07/2016)

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  • 06/07/2016
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  • (#3) NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Richard B. North, Jr on behalf of C. R. Bard, Inc.. (North, Richard) [Transferred from West Virginia Southern on 12/18/2019.] (Entered: 06/07/2016)

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  • 05/25/2016
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  • (#2) TRANSMITTED PRETRIAL ORDER # 217 (ORDER APPOINTING CATHY YANNI AS SPECIAL MASTER FOR PRIVATE SETTLEMENT AGREEMENTS BETWEEN COVIDIEN AND CERTAIN PLAINTIFFS' COUNSEL) entered on 05/17/2016 in MDL 2187 to attorneys in member case. (Attachment: #1 Exhibit A) (jk) [Transferred from West Virginia Southern on 12/18/2019.] (Entered: 05/25/2016)

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  • 05/24/2016
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  • (#1) SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-4616767. (Attachment: #1 Civil Cover Sheet) (bw) [Transferred from West Virginia Southern on 12/18/2019.] (Entered: 05/25/2016)

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