Nevada District Court
Judge:James C Mahan
Referred: Elayna J Youchah
Case #: 2:23-cv-01491
Nature of Suit365 Torts - Personal Injury - Product Liability
Cause28:1332 Diversity-Product Liability
Case Filed:Sep 22, 2023
Last checked: Thursday Mar 21, 2024 5:30 AM PDT
Defendant
Bard Peripheral Vascular, Inc.
Represented By
Philip Busman
Nelson Mullins
contact info
Dawn L. Davis
C/o Snell & Wilmer L.L.P.
contact info
Elizabeth A Falconer
Nelson Mullins Riley & Scarborough
contact info
Defendant
C.R. Bard, Inc.
Represented By
Philip Busman
Nelson Mullins
contact info
Dawn L. Davis
C/o Snell & Wilmer L.L.P.
contact info
Elizabeth A Falconer
Nelson Mullins Riley & Scarborough
contact info
Plaintiff
Whangi Michelle Berrian
Represented By
Ben C. Martin
Martin Baughman, PLLC
contact info
Thomas Wm. Arbon
Ben Martin Law Group
contact info
Peter C Wetherall
Wetherall Group, Ltd.
contact info


Docket last updated: 2 hours ago
Tuesday, April 15, 2025
34 34 3 pgs order Order on Motion to Extend/Shorten Time Scheduling Order Wed 04/16 11:24 AM
ORDER Granting33 Motion to Extend Time. Discovery due by 6/29/2025. Motions due by 8/1/2025. Signed by Magistrate Judge Elayna J. Youchah on 4/15/2025. (Copies have been distributed pursuant to the NEF - RJDG)
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33 33 motion Motion Extend/Shorten Time Tue 04/15 1:56 PM
Joint MOTION to Extend Time (Fourth Request) re32 Order on Stipulation, by Defendants C.R. Bard, Inc., Bard Peripheral Vascular, Inc.. Responses due by 4/29/2025. (Busman, Philip) (discovery)
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Friday, February 28, 2025
32 32 4 pgs order Order on Stipulation Mon 03/03 11:32 AM
ORDER Granting31 Stipulation for Extension of Discovery Deadlines. Discovery due by 5/29/2025. Motions due by 7/1/2025. Signed by Magistrate Judge Elayna J. Youchah on 2/28/2025. (Copies have been distributed pursuant to the NEF - ASB)
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31 31 motion Stipulation Fri 02/28 8:22 AM
First STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES by Plaintiff Whangi Michelle Berrian. (Wetherall, Peter) (other) (discovery)
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Wednesday, November 06, 2024
30 30 4 pgs order Order on Stipulation Scheduling Order Wed 11/06 3:46 PM
ORDER granting29 Stipulation. Discovery due by 5/15/2025. Dispositive Motions due by 6/17/2025. Signed by Magistrate Judge Elayna J. Youchah on 11/6/2024. (Copies have been distributed pursuant to the NEF - DLS)
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29 29 motion Stipulation Wed 11/06 12:32 PM
STIPULATION FOR EXTENSION OF TIME (Second Request) for Discovery Deadlines by Defendants Bard Peripheral Vascular, Inc., C.R. Bard, Inc.. (Davis, Dawn) (extend) (discovery)
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Wednesday, August 07, 2024
28 28 notice Notice Other Wed 08/07 2:19 PM
NOTICE of Change of Firm Address by Bard Peripheral Vascular, Inc., C.R. Bard, Inc.. (Davis, Dawn)
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Thursday, July 18, 2024
27 27 3 pgs order Order on Stipulation Thu 07/18 1:50 PM
ORDER granting26 Stipulation to Extend Discovery Deadlines. Discovery due by 11/13/2024. Motions due by 3/19/2025. Signed by Magistrate Judge Elayna J. Youchah on 7/18/2024. (Copies have been distributed pursuant to the NEF - MAM)
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26 26 motion Stipulation Thu 07/18 1:33 PM
STIPULATION FOR EXTENSION OF TIME (First Request) for Discovery Deadlines by Defendants Bard Peripheral Vascular, Inc., C.R. Bard, Inc.. (Davis, Dawn) (extend) (discovery)
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Friday, January 19, 2024
notice Notice AO 85 Consent to Mag Judge Fri 01/19 10:58 AM
NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC § 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website -[LINK:www.nvd.uscourts.gov] . AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (no image attached) (JQC)
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Thursday, January 18, 2024
23 23 7 pgs order Order on Discovery Plan and Scheduling Order Fri 01/19 10:17 AM
ORDER Granting21 Discovery Plan and Scheduling Order. Discovery due by 8/15/2024. Motions due by 12/15/2024. Proposed Joint Pretrial Order due by 1/15/2025. Signed by Magistrate Judge Elayna J. Youchah on 1/18/2024.(Copies have been distributed pursuant to the NEF - ALZ)
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22 22 7 pgs order Order on Discovery Plan and Scheduling Order Fri 01/19 10:09 AM
SCHEDULING ORDER Granting21 Discovery Plan and Scheduling Order. Discovery due by 8/15/2024. Motions due by 12/15/2024. Proposed Joint Pretrial Order due by 1/15/2024. Signed by Magistrate Judge Elayna J. Youchah on 1/18/2024.(Copies have been distributed pursuant to the NEF - JQC)
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21 21 motion Discovery Plan and Scheduling Order Thu 01/18 12:19 PM
Proposed Discovery Plan and Scheduling Order by Defendants Bard Peripheral Vascular, Inc., C.R. Bard, Inc... (Davis, Dawn)
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notice Notice AO 85 Consent to Mag Judge Fri 01/19 10:24 AM
NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC § 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website -[LINK:www.nvd.uscourts.gov] . AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (no image attached) (ALZ)
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Thursday, January 04, 2024
minord Minute Order Thu 01/04 9:58 AM
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 1/4/2024. By Law Clerk: C. Denbow It has come to the attention of the Court that the parties have failed to file a proposed discovery plan and scheduling order in accordance with United States District Court for the District of Nevada Local Rule 26-1. Accordingly, IT IS HEREBY ORDERED that the parties shall file either a joint proposed discovery plan and scheduling order or stipulation to stay discovery within 14 days of the date of this Order; provided, however, that if a joint discovery plan and scheduling order or stipulation cannot be agreed upon, each party may file either a proposed discovery plan and scheduling order or a motion to stay discovery within the same 14-day period. (no image attached) (Copies have been distributed pursuant to the NEF - CMD)
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Thursday, November 16, 2023
19 19 6 pgs order Order on Verified Petition for Permission to Practice Pro Hac Vice Thu 11/16 12:51 PM
ORDER granting17 Verified Petition for Permission to Practice Pro Hac Vice as to Attorney Elizabeth Ashlynn Falconer for C.R. Bard Inc. and Bard Peripheral Vascular Inc. and approving Designation of Local Counsel as to Dawn L. Davis. Signed by Judge James C. Mahan on 11/16/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website[LINK:www.pacer.gov] (Copies have been distributed pursuant to the NEF - CAH)
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18 18 8 pgs order Order on Verified Petition for Permission to Practice Pro Hac Vice Thu 11/16 12:46 PM
ORDER granting16 Verified Petition for Permission to Practice Pro Hac Vice as to Phillip M. Busman for C.R. Bard Inc. and Bard Peripheral Vascular and approving Designation of Local Counsel as to Dawn L. Davis. Signed by Judge James C. Mahan on 11/16/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website[LINK:www.pacer.gov] (Copies have been distributed pursuant to the NEF - CAH)
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Tuesday, November 14, 2023
17 17 motion Motion Permission to Practice Pro Hac Vice - Verified Petition Tue 11/14 10:35 AM
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Elizabeth Ashlynn Falconer and DESIGNATION of Local Counsel Dawn L. Davis (Filing fee $ 250 receipt number ANVDC-7492416) by Defendants Bard Peripheral Vascular, Inc., C.R. Bard, Inc.. (Davis, Dawn)
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16 16 motion Motion Permission to Practice Pro Hac Vice - Verified Petition Tue 11/14 10:32 AM
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Philip M. Busman and DESIGNATION of Local Counsel Dawn (Filing fee $ 250 receipt number ANVDC-7492368) by Defendants Bard Peripheral Vascular, Inc., C.R. Bard, Inc.. (Davis, Dawn)
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15 15 misc Certificate Interested Parties Tue 11/14 10:00 AM
CERTIFICATE of Interested Parties by C.R. Bard, Inc. that identifies all parties that have an interest in the outcome of this case. Corporate Parent C.R. Bard, Inc., Corporate Parent Bard Peripheral Vascular, Inc., Other Affiliate Becton Dickinson and Company for C.R. Bard, Inc. added. (Davis, Dawn)
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14 14 answer Answer to Complaint Tue 11/14 9:56 AM
ANSWER to1 Complaint,, with Jury Demand filed by Bard Peripheral Vascular, Inc., C.R. Bard, Inc.. Certificate of Interested Parties due by 11/24/2023. Discovery Plan/Scheduling Order due by 12/29/2023.(Davis, Dawn)
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Monday, October 30, 2023
13 13 11 pgs order Order on Verified Petition for Permission to Practice Pro Hac Vice Tue 10/31 11:58 AM
ORDER APPROVING ECF No.6 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Ben C. Martin for Whangi Michelle Berrian and approving Designation of Local Counsel Peter C. Wetherall. Signed by Judge James C. Mahan on 10/30/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website[LINK:www.pacer.gov] (Copies have been distributed pursuant to the NEF - DLS)
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Wednesday, October 25, 2023
12 12 service Summons Returned Executed Wed 10/25 3:00 PM
SUMMONS Returned Executed by Whangi Michelle Berrian. Bard Peripheral Vascular, Inc. served on 10/24/2023. (Arbon, Thomas)
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11 11 service Summons Returned Executed Wed 10/25 2:58 PM
SUMMONS Returned Executed by Whangi Michelle Berrian. C.R. Bard, Inc. served on 10/24/2023. (Arbon, Thomas)
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Monday, October 23, 2023
10 10 notice Notice Corrected Image/Document Mon 10/23 8:48 PM
NOTICE of Corrected Image/Document re6 Motion for Permission to Practice Pro Hac Vice - Verified Petition, for attorney BEN C. MARTIN, by Plaintiff Whangi Michelle Berrian. (Service of corrected image is attached.).(Wetherall, Peter)
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Att: 1 Exhibit LIST OF COURTS IN GOOD STANDING,
Att: 2 Exhibit CERTIFICATE OF GOOD STANDING
Friday, October 13, 2023
9 9 9 pgs order Order on Verified Petition for Permission to Practice Pro Hac Vice Fri 10/13 3:37 PM
ORDER Granting7 Verified Petition for Permission to Practice Pro Hac Vice and approving Designation of Local Counsel Peter C Wetherall. Signed by Judge James C. Mahan on 10/13/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website[LINK:www.pacer.gov] (Copies have been distributed pursuant to the NEF - JQC)
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Wednesday, October 11, 2023
minord Minute Order Wed 10/11 9:19 AM
MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 10/11/2023. By Deputy Clerk: A. Reyes. Re: 6 Motion for Permission to Practice Pro Hac Vice - Verified Petition IT IS HEREBY ORDERED that a ruling on Verified Petition for Permission to Practice Pro Hac Vice and Designation of Local Counsel 6 is DEFERRED. IT IS FURTHER ORDERED that Petitioner, Ben C. Martin, shall provide a current Certificate of Good Standing from EACH state in which Petitioner has been admitted to practice law, in accordance with the instruction set forth on Page 2, No. 3, of the Verified Petition. Petitioner shall have 14 days from the entry of this order to file the corrected Verified Petition using the "Notice of Corrected Image/Document" event. Failure to timely remedy this deficiency will result in the denial of the Verified Petition, and Petitioner will be required to refile and to repay the filing fee. (no image attached) (Copies have been distributed pursuant to the NEF - ADR)
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Tuesday, October 10, 2023
7 7 motion Motion Permission to Practice Pro Hac Vice - Verified Petition Tue 10/10 5:25 PM
First MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by THOMAS WM ARBON and DESIGNATION of Local Counsel PETER C WETHERALL (Filing fee $ 250 receipt number ANVDC-7454840) by Plaintiff Whangi Michelle Berrian.(Wetherall, Peter)
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Att: 1 Exhibit LIST OF COURTS IN GOOD STANDING,
Att: 2 Exhibit CERTIFICATE OF GOOD STANDING
6 6 motion Motion Permission to Practice Pro Hac Vice - Verified Petition Tue 10/10 5:18 PM
First MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by BEN C. MARTIN and DESIGNATION of Local Counsel PETER C. WETHERALL (Filing fee $ 250 receipt number ANVDC-7454826) by Plaintiff Whangi Michelle Berrian.(Wetherall, Peter)
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Att: 1 Exhibit LIST OF COURTS IN GOOD STANDING,
Att: 2 Exhibit CERTIFICATE OF GOOD STANDING
5 5 misc Certificate Interested Parties Tue 10/10 4:25 PM
CERTIFICATE of Interested Parties by Whangi Michelle Berrian. There are no known interested parties other than those participating in the case (Wetherall, Peter)
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Tuesday, October 03, 2023
misc QC Notice Tue 10/03 8:56 AM
CLERK'S NOTICE. To date, a Certificate of Interested Parties has not been filed, pursuant to LR 7.1-1, by Whangi Michelle Berrian. Certificate of Interested Parties due by 10/10/2023. (no image attached) (KF)
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Tuesday, September 26, 2023
2 2 service Summons Issued Tue 09/26 8:33 AM
SUMMONS ISSUED as to Bard Peripheral Vascular, Inc., C.R. Bard, Inc. re1 Complaint. (JQC)
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utility Assign Judges in Civil Case Tue 09/26 8:29 AM
Case randomly assigned to Judge James C. Mahan and Magistrate Judge Elayna J. Youchah. (JQC)
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notice Notice Desig of Local Counsel & VP Tue 09/26 12:19 PM
NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Ben C. Martin and Thomas W Arbon to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website -[LINK:www.nvd.uscourts.gov] . Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the PACER website www.pacer.gov to register Attorney. Verified Petition due by 10/10/2023. (no image attached) (KF)
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Friday, September 22, 2023
1 1 cmp Complaint Fri 09/22 4:17 PM
First COMPLAINT against WHANGI MICHELLE BERRIAN (Filing fee $402 receipt number ANVDC-7436725) by WHANGI MICHELLE BERRIAN. Certificate of Interested Parties due by 10/2/2023. Proof of service due by 12/21/2023. (Wetherall, Peter)
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Att: 1 Civil Cover Sheet CIVIL COVER SHEET,
Att: 2 Summons SUMMONS,
Att: 3 Summons SUMMONS