United States District Court - Southern District of West Virginia
MDL 2387 Coloplast Corp. Pelvic Support Systems Products Liability Litigation
Honorable Joseph R. Goodwin
United States District Court
Southern District of West Virginia

MDL No. 2387 | In Re Coloplast Corp. Pelvic Support Systems Products Liability Litigation

 

Current Developments

Updated 10/16/2014

The court entered PTO #60 (Order Rescheduling Status Conference – Coloplast ONLY).

Updated 8/14/2014

The court entered PTO #59 (Order Amending Pretrial Order # 32).

Updated 8/1/2014

The court entered PTO #58 (Order Rescheduling Status Conference – Coloplast ONLY).

Updated 7/8/2014

The court entered PTO #57 (Order Cancelling July 24, 2014 Status Conference and September 4, 2014 Status Conference).

Updated 6/16/2014

The court entered PTO #56, document 236 (Order Scheduling Status Conference Coloplast ONLY).

Updated 5/29/2014

The court entered PTO #55, document 234 (Revised Short Form Complaint and Amended Short Form Complaint re: Addition of Neomedic Entities and Removal of Ethicon, LLC).

Updated 4/15/2014

The court entered PTO #54 (Order Cancelling May 1, 2014 Status Conference and June 12, 2014 Status Conference).

Updated 4/8/2014

The court entered PTO #53, document 215 (Order Rescheduling Status Conference – Coloplast ONLY).

Updated 2/27/2014

The court entered PTO #52, document 208 (Order Appointing Lien Resolution Administrator).

Updated 2/24/2014

The court entered PTO #51, document 204 (Order Cancelling March 13, 2014, Status Conference).

Updated 2/18/2014

The court entered PTO #50 (SHOW CAUSE ORDER RE: MOTION TO APPOINT LIEN RESOLUTION ADMINISTRATOR).

Updated 1/29/2014

The court entered PTO #49, document 193 (Emergency Motion for Protective Order).

Updated 1/28/2014

The court entered PTO #48, document 189 (ORDER GRANTING SECOND OMNIBUS MOTION BY PLAINTIFFS TO AMEND THE MEMBERSHIP OF THE PLAINTIFFS’ STEERING COMMITTEE).

Updated 1/27/2014

The court entered PTO #47, document 188 (Stipulated Protective Order Regarding Nonparty Documents).

Updated 1/21/2014

The court entered PTO #46, document 183 (Order Scheduling Status Conference – Coloplast ONLY).

Updated 1/21/2014

The court entered PTO #45, document 182 (Order Cancelling February 6, 2014, Status Conference).

Updated 1/17/2014

The court entered PTO #44, document 178 (AGREED ORDER RE: DISMISSAL OF ADDITIONAL COOK ENTITIES IN ALL CASES).

Updated 1/6/2014

The court entered PTO #43, document 171 (Stipulated Protective Order Regarding Nonparty Documents).

Updated 1/2/2014

The court entered PTO #42, document 168 (Order Cancelling January 9, 2014, Status Conference).

Updated 12/20/2013

The court entered PTO #41, document 166 (SHOW CAUSE ORDER REGARDING DISMISSAL OF ADDITIONAL COOK ENTITIES).

Updated 12/13/2013

The court entered PTO #40, document 163 (Motion to Establish Order of Discovery and Request for In-Person Hearing).

Updated 12/6/2013

The court entered PTO #39, document 158 (Order Amending PTO # 2 - Counsel Structure).

Updated 12/2/2013

The court entered PTO #38 (Order Cancelling December 5, 2013, Status Conference).

Updated 11/14/2013

The court enters PTO #37, document 152 (REVISED Short Form Complaint and Amended Short Form Complaint re: Addition of Cook Defendants; REVISED Motion to Transfer MDL). The court strongly encourages parties filing in this MDL to carefully review this Order, as it contains important deadlines and filing instructions.

Updated 10/23/2013

The court entered PTO #36, document 151 (AMENDED Order Scheduling Future Status Conferences & Other Matters).

Updated 9/30/2013

On September 19, 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 9/25/2013

The court entered PTO #35, document 144 (Order Regarding Severance of Actions).

Updated 9/20/2013

The court entered PTO #34, document 142 (Order Granting Omnibus Motion by Plaintiffs to Amend the Membership of the Plaintiffs’ Steering Committee).

Updated 9/17/2013

On May 23, 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 9/10/2013

The court entered PTO #33, document 135 (Agreed Order Regarding Severance of Actions).

Updated 8/26/2013

The court entered PTO #32, document 124 (AGREED ORDER ESTABLISHING MDL 2387 FUND TO COMPENSATE AND REIMBURSE ATTORNEYS FOR SERVICES PERFORMED AND EXPENSES INCURRED FOR MDL ADMINISTRATION AND COMMON BENEFIT).

Updated 7/16/2013

The court entered PTO #31, document 101 (AMENDED Order Scheduling Future Status Conferences & Other Matters).

Updated 6/10/2013

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 6/10/2013

The court entered PTO #30, document 96 (Order re: Termination of parties no longer named in Short Form and Amended Short Form Complaints).

Updated 5/29/2013

The court entered PTO #29, document 93 (Revised Short Form Complaint and Amended Short Form Complaint re: Removal of Coloplast and Endo Entities).

Updated 5/28/2013

The court entered PTO #28, document 92 (AGREED ORDER RE: DISMISSAL OF COLOPLAST A/S, COLOPLAST MANUFACTURING US, LLC, AND PORGES S.A. IN ALL CASES).

Updated 5/22/2013

The Court has released the agenda for the status conference on May 23, 2013 at 10:00 a.m.

Updated 5/21/2013

On 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 5/9/2013

The court entered PTO #27, document 89 (Plaintiffs' Request to Modify Stipulated Pretrial Orders to Allow Access and Exchange of Confidential Information Among MDLs).

Updated 4/19/2013

The court entered PTO #26, document 87 (Show Cause Order Regarding Dismissal of Coloplast A/S, Coloplast Manufacturing US, LLC, and Porges S.A).

Updated 4/15/2013

The 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 4/12/2013

On 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 2/21/2013

The court entered PTO #25, document 83 (Order Scheduling Future Status Conferences).

Updated 4/5/2013

The court entered an order, document 82. 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
Judge Eifert for disposition.

Updated 4/3/2013

The court entered PTO # 24, document 81 (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 2/21/2013

The court entered PTO #23, document 68 (Show Cause Order Regarding Dismissal of Endo Entities).

Updated 2/5/2013

The court entered PTO #22, document 66 (Order Cancelling Status Conference on February 7, 2013 as to Coloplast MDL ONLY).

Updated 1/24/2013

The court entered PTO #21, document 60 (Revised Verifications and Authorizations Attached to Plaintiff Profile Form). Plaintiffs should immediately begin utilizing the verifications and authorizations found above under forms.

Updated 1/24/2013

The court entered PTO #20, document 59 (Waiver of Service for Coloplast Corp.).

Updated 1/23/2013

The court entered PTO #19, document 58 (Order Scheduling Future Status Conferences).

Updated 1/23/2013

The court entered PTO #18, document 57 (Waiver of Service for Mentor Worldwide LLC).

Updated 1/22/2013

The court entered PTO #17, document 56 (Order Updating Leadership Counsel Contact Information for MDLs 2187, 2325, 2326, 2327 and 2387).

Updated 1/8/2013

The court entered PTO #16, document 52 (Order Cancelling January 10, 2013, Status Conference).

Updated 1/8/2013

The court entered PTO #15, document 48 (Amended Master Complaint; Revised Short Form and Amended Short Form Complaints re: removal of ABISS).

Updated 1/4/2013

The court entered PTO #14, document #45 (Order Severing Actions Pursuant to PTO # 11).

Updated 12/21/2012

The court entered PTO #13, document #41 (Correction to PTO # 10, Direct Filing Order; Master Complaint, Short Form Complaint, Amended Short Form Complaint and Master Responsive Pleadings Due Date).

Updated 12/21/2012

The court entered PTO #12, document #40 (Plaintiff Profile Forms, Plaintiff Fact Sheet, and Defendant Fact Sheets).

Updated 12/20/2012

On 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 12/13/2012

The court entered PTO #11, document #37 (Agreed Order Regarding Severance of Actions).

Updated 12/13/2012

The court entered PTO #10, document #33 (Direct Filing Order; Master Complaint, Short Form Complaint, Amended Short Form Complaint and Master Responsive Pleadings Due Date).

Updated 11/5/2012

The court entered PTO #9, document #21 (Order Appointing Defendants’ Co-Liaison Counsel for MDL 2387).

Updated 10/29/2012

The court entered PTO #8, document #19 (Order Cancelling November 2, 2012, Status Conference).

Updated 10/23/2012

The court entered PTO #7, document #17 (Order Amending PTO #4, Scheduling & Rescheduling Future Status Conferences).

Updated 10/4/2012

The court entered PTO #6, document #15 (Agreed Order Regarding Management of Timekeeping, Cost Reimbursement and Related Common Benefit Issues).

Updated 10/2/2012

The court entered PTO #5, document #13 (Stipulated Protective Order).

Updated 9/26/2012

The court entered PTO #4, document #12 (Scheduling & Rescheduling Future Status Conferences).

Updated 9/21/2012

The court entered PTO #3, document #11 (Uniform Certificate of Service).

Updated 9/21/2012

The court entered PTO #2, document #10 (Initial Hearing Summary, Counsel Structure, Plan for Proceeding Forward, Future Status Conferences).

Updated 8/20/2012

Matters relating to pretrial and discovery proceedings in these cases will be addressed at an initial pretrial conference to be held on September 13, 2012, at 10:00 a.m., in Judge Joseph R. Goodwin’s courtroom, Room 7800, United States Courthouse, 300 Virginia St. East, Charleston, West Virginia. Counsel are expected to familiarize themselves with the Annotated Manual for Complex Litigation, Fourth (“MCL 4th”) and be prepared at the conference to suggest procedures that will facilitate the expeditious, economical, and just resolution of this litigation. The items listed in MCL 4th Sections 22.6, 22.61, 22.62 and 22.63 shall, to the extent applicable, constitute a tentative agenda for the conference. Counsel shall confer and seek consensus to the extent possible with respect to the items on the agenda, including a proposed discovery plan, amendment of pleadings, and consideration of any class action allegations and motions. The court encourages the parties to review the court’s website at www.wvsd.uscourts.gov and the pertinent orders that have been entered in the four related MDLs assigned to the court (MDL 2187, MDL 2325, MDL 2326 and MDL 2327), as well as the transcripts of previous status conferences in the above MDLs. If the parties have any suggestions as to the case management orders or additional agenda items, these should be emailed to the court’s law clerk, Kate Fife, at kate_fife@wvsd.uscourts.gov by September 5, 2012. There will be no phone participation at this initial conference. Significant orders and opinions will be published on the court’s website at
www.wvsd.uscourts.gov/MDL/2387/index.html. The website repository may not include
a complete inventory of all orders and opinions entered by the undersigned.

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