Plaintiffs are reminded that effective June 5, 2013, they must use the newly adopted Short Form Complaint in new direct filed cases and the newly adopted Amended Short Form Complaints (where appropriate) as found on the court's website. The parties are referred to PTOs entered in each MDL on May 29, 2013, adopting new Short Form and Amended Short Form Complaints because of the dismissal of certain Coloplast and Endo entities without prejudice. To the extent plaintiffs who direct file lawsuits continue to use old forms or name parties that no longer are included on Short Form or Amended Short Form Complaints, those parties will be terminated or not readded by the Clerk, and the pleading may be struck from the docket and the case dismissed so that the plaintiff must refile her action and pay a second filing fee. The court has entered a PTO to this effect today.
Updated 6/10/2013The court entered PTO #82, document 603 (Order re: Termination of Parties No Longer Named in Short Form and Amended Short Form Complaints).
Updated 5/29/2013The court entered PTO #81, document 597 (Revised Short Form Complaint and Amended Short Form Complaint re: Removal of Coloplast and Endo Entities).
Updated 5/29/2013The court entered PTO #80, document 596 (STIPULATED AGREED ORDER REGARDING DELAYED FILING AND APPLICATION TO THE STATUTE OF LIMITATIONS).
Updated 5/28/2013The court entered PTO #79, document 594 (AGREED ORDER RE: DISMISSAL OF COLOPLAST A/S, COLOPLAST MANUFACTURING US, LLC, AND PORGES S.A. IN ALL CASES).
Updated 5/21/2013On April 18, 2013, the court conducted a status conference in the above-referenced MDL. The attached Minute Entry is a summary of events at the status conference.
Updated 5/9/2013The court entered PTO #78, document 583 (Plaintiffs' Request to Modify Stipulated Protective Orders to Allow Access and Exchange of Confidential Information Among MDLs).
Updated 5/8/2013The court entered PTO #77, document 582 (Plaintiffs' Motion for Leave to Take Supplemental Depositions).
Updated 5/3/2013The court entered PTO #76, document 579 (Stipulated Protective Order).
Updated 4/19/2013The court entered PTO #75, document 565 (Show Cause Order Regarding Dismissal of Coloplast A/S, Coloplast Manufacturing US, LLC, and Porges S.A).
Updated 4/15/2013The parties are reminded that the Status Conferences currently scheduled for Thursday, April 18 and Thursday, May 23, 2013 have been rescheduled from 1:00 p.m. to 10:00 a.m.
Updated 4/12/2013On March 21, 2013, the court conducted a status conference in the above-referenced MDL. The attached Minute Entry is a summary of events at the status conference.
Updated 4/9/2013The court entered PTO #74, document 557 (Order Scheduling Future Status Conferences).
Updated 4/5/2013The court entered an order, document 556. Discovery matters in the above-referenced multidistrict litigation (MDL) actions and their member cases were previously referred to the Honorable Mary E. Stanley, United States Magistrate Judge, for disposition pursuant to 28 U.S.C. § 636. Judge Stanley has since retired from the bench. Therefore, pending discovery matters in these MDL actions and their member cases that were previously referred to Magistrate Judge Stanley are TRANSFERRED to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for disposition. Further, any future discovery matters in these MDL actions and their member cases are to be REFERRED to Magistrate
Updated 4/3/2013The court entered PTO # 73, document 554 (Agreed Order Re: Dismissal of Endo Entities in All Cases). PLEASE NOTE: THE COURT ASKS THAT PARTIES PAY CAREFUL ATTENTION TO THIS PTO. IN CASES PENDING AS OF THE ENTRY OF THIS ORDER, THE COURT WILL DISMISS IN ALL PENDING CASES (WHETHER FILED DIRECTLY OR TRANSFERRED), ALL CLAIMS PENDING AGAINST THE ENDO ENTITIES WITHOUT PREJUDICE. AS TO CASES DIRECTLY FILED IN THE SOUTHERN DISTRICT AFTER THE ENTRY OF THIS ORDER, THE SHORT FORM AND AMENDED SHORT FORM COMPLAINT WILL BE AMENDED SOON TO REMOVE THE ENDO ENTITIES AND EFFECTIVE IMMEDIATELY, THE ENDO ENTITIES SHALL NOT BE NAMED BY SHORT FORM OR AMENDED SHORT FORM COMPLAINT.
Updated 3/12/2013The court entered PTO #72 (FOURTH AMENDED Discovery Scheduling Order for Group 1A Cases).
Updated 3/7/2013The court entered PTO #71, document 524 (Trial Order for Bellwethers and Ruling on Plaintiffs' Motion for Consolidation of Trial).
Updated 2/22/2013On February 7, 2013, the court conducted a status conference in the above-referenced MDL. The attached Minute Entry is a summary of events at the status conference.
Updated 2/21/2013The court entered PTO #70, document 511 (Show Cause Order Regarding Dismissal of Endo Entities).
Updated 2/5/2013Although the status conference scheduled for February 7th at 1:00 p.m. has been cancelled as to the Coloplast MDL, it is scheduled to go forward as to MDL 2187, 2325, 2326 and 2327.
Updated 1/24/2013The court entered PTO #69, document 490 (Revised Verifications and Authorizations Attached to Plaintiff Profile Form). Plaintiffs should immediately begin utilizing the verifications and authorizations found above under forms.
Updated 1/23/2013The court entered PTO #68, document 488 (Order Scheduling Future Status Conferences).
Updated 1/22/2013The court entered PTO #67, document 487 (Order Updating Leadership Counsel Contact Information for MDLs 2187, 2325, 2326, 2327 and 2387).
Updated 1/9/2013The court entered PTO #66, document 460 (Plaintiff Profile Forms, Plaintiff Fact Sheets, and Defendant Fact Sheets).
Updated 1/8/2013The court entered PTO #65, document 459 (Order Cancelling January 10, 2013, Status Conference).
Updated 1/8/2013The court entered PTO #64, document 458 (Revised Short Form Complaint and Amended Short Form Complaint re: Removal of Analytic Biosurgical Solutions (“ABISS”)).
Updated 1/4/2013The court entered PTO #63, document #454 (Order Severing Actions Pursuant to PTO #61).
Updated 12/20/2012On December 6, 2012, the court conducted a status conference in the above-referenced MDL. The attached Minute Entry is a summary of events at the status conference.
Updated 12/17/2012The court entered PTO #62, document #447 (Revised Short Form Complaint and Amended Short Form Complaint re: Addition of Coloplast, et al.; Revised Motion to Transfer MDL).
Updated 12/12/2012The court entered PTO #61, document #437 (Agreed Order Regarding Severance of Actions).
Updated 12/11/2012The court entered PTO #60, document #436 (Vacating Discovery Scheduling Order for Group 2 Cases).
Updated 12/10/2012The court entered PTO #59, document #434 (THIRD AMENDED Discovery Scheduling Order for Group 1A Cases).
Updated 11/13/2012The court entered PTO #58, document #407 (SECOND AMENDED Discovery Scheduling Order for Group 1A Cases).
Updated 10/29/2012The court entered PTO #57, document #387 (Order Cancelling November 2, 2012, Status Conference).
Updated 10/23/2012The court entered PTO #56, document #381 (Order Amending PTO #52, Scheduling & Rescheduling Future Status Conferences).
Updated 10/11/2012The court entered PTO #55, document #368 (Selection of Cases for Discovery Group 2).
Updated 10/4/2012The court entered PTO #54, document #365 (Agreed Order Regarding Management of Timekeeping, Cost Reimbursement and Related Common Benefit Issues).
Updated 9/27/2012The court entered PTO #53, document #360 (Order re: Motion to Amend Short Form and Amended Short Form Complaints).
Updated 9/26/2012The court entered PTO #52, document #358 (Scheduling & Rescheduling Future Status Conferences).
The court entered PTO #51, document #351 (New Direct Filing Order; Master Complaint, Short Form Complaint, Amended Short Form Complaint and Master Responsive Pleadings).
Plaintiff's counsel should review this PTO carefully before filing additional Short Form or Amended Short Form Complaints. Please note that there are new forms under the "forms" section above as noted in the PTO.
Updated 9/20/2012On September 13, 2012, the court conducted a status conference. Parties may order a transcript of the conference by contacting the court reporter, Lisa Cook, at firstname.lastname@example.org. The attached Minute Entry is a summary of events at the status conference.
Updated 8/28/2012The court entered PTO #50, document #320 (AMENDED Discovery Scheduling Order for Group 1A Cases).
Updated 8/23/2012The court entered PTO #49, document #312 (Discovery Scheduling Order for Group 2 Cases).
Updated 8/3/2012The court entered PTO #48, document #290 (Defendants' Motion to Limit Ex Parte Interviews of Plaintiffs' Treating Physicians by Plaintiffs' Attorneys).
Updated 7/24/2012The court entered PTO #47, document #279 (Waiver of Service Provisions for C.R. Bard, Inc.).
Updated 7/13/2012The court entered PTO #46, document #273 (Vacate Pretrial Order # 45 and Grant Motion to Withdraw Plaintiffs’ Second Motion to Compel).
Updated 7/12/2012The court entered PTO #45, document #271 (Briefing and Argument on Plaintiffs' Second Motion to Compel).
Updated 7/12/2012The court entered PTO #44, document #270 (Tissue Science Laboratories Ltd.'s Motion to Quash Subpoena).
Updated 7/5/2012The court entered PTO #43, document #258 (Order Staying Answer Due Date).
Updated 7/2/2012The court entered PTO #42, document #254 (Amending PTO # 27 (Amended Plaintiff Fact Sheet) to include Authorization Forms).
Updated 6/19/2012The court entered PTO #41, document #249 (Discovery Scheduling Order for Group 1A Cases).
Updated 6/7/2012The court entered PTO #40, document #243 (Deposition Protocol).
Updated 6/1/2012The court entered PTO #39, document #239 (Scheduling Future Status Conferences).
Updated 5/31/2012The court entered PTO #38, document #237 (Uniform Certificate of Service).
Updated 5/16/2012The court entered PTO #37, document #234 (Change of Court Contact Information).
Updated 5/4/2012The court entered PTO #36, document #229 (Revised PSC List).
Updated 5/1/2012The court entered PTO #35, document #226 (First Bellwether Trial Date and Discovery Group 2 Selection Process).
Updated 4/24/2012The court entered PTO #34, document #224 (Status Conference).
Updated 4/18/2012The court entered PTO #33, document #222 (Changes to Counsel Structure).
Updated 4/13/2012The court reporter for today's initial hearing was Teresa Harvey. She can be contacted at the U.S. District Court , Southern District of West Virginia, Beckley, WV 25801; Phone 304-254-8052 or cell at 304-575-5995 to order a copy of the transcript.
Updated 4/9/2012The court entered PTO #32, document #216 (Selection of Discovery Group 1).
Updated 3/26/2012The court entered PTO #31, document #198 (Master and Short Form Complaint and Master Responsive Pleadings; Direct Filing).
Updated 3/5/2012The court entered PTO #30, document #181 (Substitution of Lead Counsel for Sofradim Production SAS).
Updated 3/5/2012The court entered PTO #29, document #180 (Waiver of Service for Defendants Sofradim Production and Tissue Science Laboratories).
Updated 3/5/2012The court entered PTO #28, document #178 (Revised Plaintiff Fact Sheet Submission Deadline).
Updated 2/14/2012The court entered PTO #27, document #164 (Amended Plaintiff Fact Sheet).
Updated 2/03/2012The court entered PTO #26, document #158 (Status Conference).
Updated 1/06/2012The court entered PTO #25, document #144 (Selection of Proposed Cases for Individual Discovery).
Updated 12/16/2011The court entered PTO #24, document #128 [Order on Plaintiffs’ Motion to Compel Discovery (Ecf No. 90) and Plaintiffs’ Motion to Compel Discovery (Ecf No. 114)].
Updated 12/01/2011The court entered PTO #23, document #119 (Dismissal and Severance of Actions).
Updated 11/28/2011The court entered PTO #22, document #117 (Second Amended Notice of Hearing).
Updated 11/17/2011The court entered PTO #21, document #113 (Lead Counsel for Defendant Tissue Science Laboratories).
Updated 11/04/2011The court entered PTO #20, document #109 (Status Conference).
Updated 11/01/2011The court entered PTO #19, document #107 (Amended Notice of Hearing).
Updated 9/07/2011The court entered PTO #18, document #86 (Stay Deadline for Answers to Outstanding Complaints).
Updated 8/15/2011The court entered PTO #17, document #77 (Status Conference).
Updated 8/02/2011The court entered PTO #16, document #72 (Discovery Regarding Insurance Information).
Updated 7/28/2011The court entered PTO #15, document #71 (Stipulation Regarding Answers of Defendant Mitchell E. Nutt, M.D.).
Updated 7/25/2011The court entered PTO #14, document #70 (Additional Appointment to Plaintiffs' Steering Committee).
Updated 7/20/2011The court entered PTO #13, document #67 (Re Stipulated Order Concerning Redaction of Material from Adverse Event Reports, Complaints, and Other Documents).
Updated 6/10/2011The court entered PTO #12, document #59 (Status Conference).
Updated 6/07/2011The court entered PTO #11, document #58 (Stipulation for the Production of Documents and Electronically Stored Information Protocols).
Updated 6/07/2011The court entered PTO #10, document #57 (Stipulated Case Management Order Regarding Joint Records Collection).
Updated 6/07/2011The court entered PTO #9, document #56 (Plaintiffs' Fact Sheets and Defendants' Fact Sheets).
Updated 6/07/2011The court entered PTO #8, document #55 (Proposed Discovery, Scheduling, and Case Management Order-Initial Discovery Group).
Updated 6/07/2011The court entered PTO #7, document #54 (Stipulated Protective Order).
Updated 4/25/2011The court entered PTO #6, document #46 (Trial Pool).
Updated 4/8/2011The court entered PTO #5, document #43 (Status Conference).
Updated 2/25/2011The court entered PTO #4, document #34 (Status Conference).
Updated 2/01/2011The court entered PTO #3, document #22 (Appointment of Lead Counsel and Plaintiffs' Steering Committee; Status Conference).
Updated 12/09/2010The court entered PTO #2, document #5 (Initial Conference).
Updated 10/29/2010The court entered PTO #1, document #2 (Initial Conference and Case Management).
The Court finds that the civil actions transferred to this court and listed on Schedule A attached hereto merit special attention as complex litigation; directing the parties to follow the practice and procedure set forth more fully herein; initial pretrial conference to be held at 9:00 a.m. on 12/8/2010; directing parties to fax or submit to the Court any suggestions regarding case management orders or additional agenda items by 12/1/2010; plaintiffs and defendants shall submit to the Court by 12/1/2010 a brief written statement indicating their preliminary understanding of the facts involved in the litigation and the critical factual and legal issues; recommendations regarding liaison counsel shall be submitted to the Court prior to the initial conference; unless otherwise ordered, counsel must communicate with the Court in writing, with courtesy copies to all counsel; said communications may be sent to Avaulta@wvsd.uscourts.gov; significant orders and opinions of this Court will be published on the court's website at www.wvsd.uscourts.gov/MDL/Avaulta, which repository may not include a complete inventory of all orders and opinions.