Atrium Medical Corp. Case Management Orders and Frequently Requested Pleadings
Case No: 16-md-2753 LM
Atrium Medical Corp. C-Qur Mesh Products Liability Litigation
Case Management and Procedural Orders:
| Order | Date | Subjects |
| Case Management Order 1 | 1/13/2017 |
General Case Management Matters; Filing Instructions; Initial Conference |
| Case Management Order 2 | 10/16/2019 |
Third Amended - Direct Filing; Waiver of Service of Process |
| Case Management Order 3 | 3/13/2017 |
Plaintiffs' Leadership Structure; Status Conferences; Master Complaint and Short Form, Master Answer, Discovery; Deposition Guidelines; Electronic Discovery; Protective Order; Pathology Preservation |
| Amended Case Management Order 3 | 4/19/2018 | Amended Case Management Order No. 3 |
| Case Management Order 3A | 3/13/2017 |
Responsibilities of Designated Counsel |
| Case Management Order 3B | 3/13/2017 |
Deposition Guidelines |
| Case Management Order 3C | 10/16/2019 |
Amended Order - Protocol for Collection, Preservation, and Division of Pathology Material |
| Case Management Order 3D | 7/5/2017 | Coordination of Discovery and Pretrial Proceedings |
| Case Management Order 3E | 7/5/2017 | Protective Order |
| Case Management Order 4 | 5/15/2017 |
Plaintiffs' Common Benefit Fee and Expense Fund |
| Case Management Order 4 Attachment | 5/15/2017 |
Plaintiffs Leadership Group Agreement |
| Procedural Order | 6/12/2017 | Approving Master Complaint; Addressing Use of Short Form Complaint |
| Case Management Order 3F | 10/16/2019 | Amended Order - Production of Physically Stored and Electronically Stored Information |
| Case Management Order 3G | 8/3/2017 | Amended Order - Enabling Order for PPF, PFS, DPF, DFS and Joint Records Collection |
| Procedural Order | 9/28/2017 | Short Form Complaint, In-Person Appearances at Monthly Status Conferences, and Status Conference Transcripts |
| Case Management Order 3E(i) | 1/5/2018 | Addendum to Protective Order |
| Amended Case Management Order 3C | 1/12/2018 | Amended Agreed Order and Stipulation Regarding Protocol for Collection, Preservation, and Division of Pathology Material |
| Amended Case Management Order 3G |
8/3/2017 |
Amended Enabling Order for PPF, PFS, DPF, DFS and Joing Records Collection |
| Procedural Order | 3/9/2018 | Jurisdictional Discovery Requests, Deposition Dates and Locations, Defendants' Privilege Log, and Bellweather Case Management Order |
| Protective Order | 4/20/2018 | Protective Order |
| Procedural Order | 4/20/2018 | Proposed Bellwether Case Management Order, Status Depositions, Immunity against Transient Jurisdiction for Getinge AB Designees, Procedure for Objecting to Depositions in their Entirety, Briefing Schedule for Forthcoming Motion to Dismiss Based on Lack of Personal Jurisdiction, Motion to Compel |
| Case Management Order 3H | 5/29/2018 | Discovery, Scheduling and Case Management Order - Initial Discovery Pool (Bellwether) |
| Protective Order | 7/12/2018 | Protective Order |
| Amended Case Managment Order Number 1 | 10/12/2018 | All filings will be filed in the master case only and when filed in the master case shall be deemed to have been docketed and filed in each individual case to the extent applicable and will not ordinarily be separately docketed or physically filed in such individual cases. |
| Procedural Order | 10/23/2018 | Requests for Admission Concerning Exemplars; Privilege Log for Notebook of Getinge AB 30(b)(6) designee; Procedure for Handling Voluntary Dismissals by Bellwether Discovery Pool Plaintiffs; Plaintiffs Motion to Strike |
| Order | 12/19/2018 | Order denying Motion to Exclude and Motion to Strike. For the reasons described herein, plainiff's motion to exclude expert reports (doc. no. 1009) and motion to strike Chad Carlton's affidavit (doc. no. 1013) are denied in accordance with this order. |
| Case Mangement Order No. 3E(ii) | 12/21/2018 | Addendum to Protective Order |
| Procedural Order | 2/15/2019 | Status of Depositions; Proposal Concerning Hearing on Getinge AB's Motion to Dismiss; Motion to Clarify Court's Standard for Evaluating the Motion to Dismiss; Amendment to CMO NO. 2; Extension of Deadline for the Selectin of Trial Pool Cases; Order of Questioning in Treating Physicians' Depositions; Amendments to Section 2 of CMO 3G; Plaintiffs' Request for Production of Data Room; Plaintiffs' Request for Production of Tax Returns |
| Amended Case Management Order No. 2 | 2/19/2019 | Amended Case Management Order No. 2 Direct Filing and Waiver of Service. |
| Second Amended Case Management Order No. 2 | 3/14/2019 | Second Amended Case Management Order No. 2 - Direct Filing and Waiver of Service. |
| Procedural Order | 12/17/2019 | Order Regarding Selection of Plaintiffs for Trial and Miscellaneous Pre-Trial Matters |
| Order Amended Complaints | 12/17/2019 | Order Granting Leave to File Amended Long and Short Form Complaints |
| Third Amended Case Management Order 3C | 3/5/2020 | Agreed Order & Stipulation Regarding Protocol for Collection, Preservation, and Division of Pathology Material |
| Procedural Order | 9/16/2020 | Procedural Order Re: Attorney Withdrawals |
| Fourth Amended Case Managment Order 2 | 3/5/2020 | Direct Filing and Waiver of Service |
| Fifth Amended Case Mangement Order 2 | 2/9/2021 |
Direct Filing and Waiver of Service The Fifth Amended Case Management Order 2 is replacing documents no. 1196 and 1196-1. A notation on the docket entry for document number 1196 will indicate the document has been replaced. |
| Bellwether Order | 3/1/2021 |
Order addressing/disposing of pending matters in two of the bellwether cases: Barron v. Atrium Medical Corp. 17-cv-742-LM and Luna v. Atrium Medical Corp. 16-cv-372 |
| Order | 3/8/2021 | Order on Motions in MDL member actions: Barron et al v. Atrium Medical Corp. 17-cv-742-LM, motion docket entries 131, 132 and 167. Motion docket entries 210, 214 and 225 Luna v. Atrium Medical Corp. 16-cv-372-LM |
| Order | 4/8/2021 | Order denying Motion to Strike doc. no. 1206. For the reasons discussed within, plaintiffs' motion to strike is denied in its entirety. So Ordered by Chief Judge Landya B. McCafferty. |
| Assented to Motion 1300 | 12/9/2021 | Assented to Motion to Stay filed by ALL PLAINTIFFS |
| Assented to Motion 1301 | 12/9/2021 | Assented to Motion to Appoint Counsel Special Master filed by ALL PLAINTIFFS |
| Assented to Motion 1305 | 12/10/2021 | Assented to Motion for the Allowance of DocuSign filed by All Plaintiffs |
| Assented to Motion 1306 | 12/10/2021 | Unopposed Motion for Entry of a Qualified Protective Order filed by All Plaintiffs |
| Motion 1307 | 12/10/2021 | Motion to Establish a Qualified Settlement Fund filed by All Plaintiffs |
| ENDORSED ORDER | 12/20/2021 | ENDORSED ORDER granting 1300 Assented to Motion to Stay; granting 1301 Assented to Motion to Appoint Special Master; granting 1305 Assented to Motion for Allowance of DocuSign; granting 1306 Assented to Motion for Entry of Qualified Protective Order; granting 1307 Assented to Motion to Establish a Qualified Settlement Fund. Text of Order: Granted. The court has reviewed each of these five (5) assented-to or unopposed motions related to the global settlement of this MDL, and hereby grants each motion (doc. dos. 1300, 1301, 1305, 1306 & 1307). So Ordered by Chief Judge Landya B. McCafferty.(de) (Entered: 12/20/2021) |
| Qualified Protective Order | 3/1/2022 |
Qualified Protective Order |
| Fourth Amended Case Management Order | 6/20/2023 | Agreed Order and Stiputation Regarding Protocol for Collection, Preservation, and Division of Pathology Material |
| Fifth Amended Case Management Order | 6/20/2023 | Enabling Order for PPF, PFS, DPF, DFS, and Joint Records Collection |
| Sixth Amended Case Management Order No. 2 | 6/20/2023 | Direct Filing and Waiver of Service |
Frequently Requested Pleadings and Orders:
| Document | Date | Document Number |
| Amended Master Long Form Complaint | 12/27/2019 | 1172 (replaces doc. 53) |
| Amended Short Form Complaint | 12/27/2019 | 1173 (replaces docs. 71-1 and 83) |
| Master Answer - Getinge AB | 6/6/2017 | 77 |
| Master Answer - Maquet Cardiovascular US Sales LLC | 6/6/2017 | 75 |
| Master Answer - Atrium Medical Corp. | 6/6/2017 | 74 |
| Science Day - Plaintiffs Power Point Presentation | 10/27/17 | |
| Science Day - Defendants Power Point Presentation | 10/27/17 | |
| Order on Motion to Dismiss, Motion for Discovery | 11/14/17 | 300 |
| Order on Motion to Dismiss | 1/8/2018 | 379 |
| Plaintiff Profile Form (per Case Management Order 3G) *DO NOT FILE WITH COURT-Send to Defense Counsel |
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| Notice of Ruling | 3/14/2018 | 539 |
| Master Answer to Amended Complaint - Atrium Medical Corp. | 1/9/2020 | 1175 |
| Master Answer to Amended Complaint - Maquet Cardiovascular US Sales, LLC | 1/9/2020 | 1176 |
| Scheduling Order: Public Hearing On Settlement set for March 17, 2022 at 2:00 p.m. | 2/7/2022 | 1320 |
Transcripts: