Rose et al v. Boston Scientific Corporation
Plaintiff: Alicia Rose and Larry Dunning
Defendant: Boston Scientific Corporation
Case Number: 2:2020cv00716
Filed: May 12, 2020
Court: US District Court for the Western District of Washington
Presiding Judge: Barbara J Rothstein
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 12, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 13, 2020 Opinion or Order Filing 54 ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 6/24/2020, FRCP 26(f) Conference Deadline is 6/10/2020, Initial Disclosure Deadline is 6/17/2020. Signed by Judge Barbara J. Rothstein. (PM)
May 13, 2020 Opinion or Order Filing 53 STANDING ORDER FOR ALL CIVIL CASES. The procedures in this Order supplement, and in some cases, supersede the local rules. The parties are responsible for being familiar with the procedures in this Order. Failure to comply with the procedures may result in sanctions. Signed by Judge Barbara J. Rothstein. (PM)
May 13, 2020 Filing 52 LETTER from Clerk to counsel re receipt of case from District of West Virginia Southern and advising of WAWD case number and judge assignment. (SG)
May 13, 2020 Filing 51 Case transferred in from District of West Virginia Southern, Case Number 2:14-cv-19248.
May 13, 2020 Judge Barbara J. Rothstein added. (SG)
May 11, 2020 Filing 50 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02326 - Boston Scientific Corporation. (Attachments: #1 Exhibit 01 - ECF 161 - Stipulated Protective Order (PTO-11), #2 Exhibit 02 - ECF 184 - Stipulation for the Production of Docs and Electronically Stored Info (PTO-13), #3 Exhibit 03 - ECF 196 - New Direct Filing Order, Master Complaint, SF Complaint (PTO-14), #4 Exhibit 04 - ECF 197 - Master Long Form Complaint, #5 Exhibit 05 - ECF 200 - BSC_s Master Answer to Master Long Form Complaint, #6 Exhibit 06 - ECF 7153 - Docket Control Order - BSC Wave 5 Cases, #7 Exhibit 7 - ECF 4826 - Pltf_s MTE Testimony of Badylak, #8 Exhibit 8 - ECF 4976 - BSC_s Opp to Pltf_s MTE Testimony of Badylak, #9 Exhibit 9 - ECF 5033 - Pltf_s Reply to Deft_s Response to Pltf_s MTE Testimony of Badylak, #10 Exhibit 10 - ECF 6041 - Memo Opinion and Order re Daubert Motion re Badylak, #11 Exhibit 11 - ECF 8315 - Pltf_s Notice of Adoption of Prior Daubert Motion re Badylak, #12 Exhibit 12 - ECF 8364 - BSC_s Notice of Adoption of Prior Daubert Response re Badylak, #13 Exhibit 13 - ECF 4825 - Pltf_s MTE Testimony of Little - Part 1, #14 Exhibit 13 - ECF 4825 - Exh1 - Part 2, #15 Exhibit 13 - ECF 4825 - Exh2 - Part 3, #16 Exhibit 13 - ECF 4825 - Exh3 - Part 4, #17 Exhibit 13 - ECF 4825 - Exh4 - Part 5, #18 Exhibit 13 - ECF 4825 - Exh5 - Part 6, #19 Errata 14 - ECF 4979 - BSC Response in Opp to Pltf_s MTE Testimony of Little, #20 Exhibit 15 - ECF 5034 - Pltf_s Reply to Deft_s Response to Pltf_s MTE Testimony of Little, PhD, #21 Exhibit 16 - ECF 6044 - Memo Opinion and Order re Daubert Motion re Little, #22 Exhibit 17 - ECF 8316 - Pltf_s Notice of Adoption of Prior Daubert Motion re Little, #23 Exhibit 18 - ECF 8362 - BSC_s Notice of Adoption of Prior Daubert Response of Little, #24 Errata 19 - ECF 4833 - Pltf_s MTE Testimony of Rosenblatt, #25 Exhibit 20 - ECF 4978 - Memo in Opp to Pltf's MTE Testimony of Rosenblatt, #26 Exhibit 21 - ECF 5039 - Pltf_s Reply in Support of MTE Testimony of Rosenblatt, #27 Exhibit 22 - ECF 6047 - Memo Opinion and Order re Daubert Motion re Rosenblatt, #28 Exhibit 23 - ECF 8326 - Pltf_s Notice of Adoption of Prior Daubert Motion re Rosenblatt, #29 Exhibit 24 - ECF 8363 - BSC_s Notice of Adoption of Prior Daubert Response of Rosenblatt, #30 Exhibit 25 - ECF 4827 - Pltf's MTE Spiegelberg, #31 Exhibit 26 - ECF 4969 - Response in Opp to Pltf_s MTE Testimony of Spiegelberg, #32 Exhibit 27 - ECF 6049 - Memo Opinion and Order re Spiegelberg, #33 Exhibit 28 - ECF 7004 - Pltf_s MTE Testimony of Spiegelberg, #34 Exhibit 29 - ECF 7088 - BSC_s Response in Opp to Pltf_s MTE Testimony of Spiegelberg, #35 Exhibit 30 - ECF 7160 - Pltf_s Reply in Support of MTE Testimony of Spiegelberg, #36 Exhibit 31 - ECF 8317 - Pltf_s Notice of Adoption of Prior Daubert Motion re Spiegelberg, #37 Exhibit 32 - ECF 8149 - BSC_s Notice of Adoption of Prior Daubert Response Spiegelberg, #38 Exhibit 33 - ECF 4822 - BSC's MTE and Memo to re Testimony of Blaivas, #39 Exhibit 34 - ECF 4962 - Plaintiffs Opposition to BSC_s MTE Blaivas, #40 Exhibit 35 - ECF 6029 - Memo Opinion and Order re Daubert Motion re Blaivas, #41 Exhibit 36 - ECF 8339 - BSC's Notice of Adoption of Prior Daubert MTE Jerry Blaivas, #42 Exhibit 37 - ECF 8351 - Pltf's Notice of Adoption of Prior Daubert Response of Blaivas, #43 Exhibit 38 - ECF 4805 - BSC_s Memo of Law in Support of its MTE Mays, #44 Exhibit 39 - ECF 4972 - Pltf_s Memo in Opp to Deft_s MTE Testimony of Mays, PhD, #45 Exhibit 40 - ECF 5037 - BSC_s Reply to Pltf_s Memo in Opp to Deft_s MTE Mays, #46 Exhibit 41 - ECF 6036 - Memo Opinion and Order re Daubert Motion Mays, #47 Exhibit 42 - ECF 8330 - BSC_s Memo in Support of MTE Testimony of Mays, #48 Exhibit 43 - ECF 8384 - BSC_s Reply in Support of MTE Testimony of Mays, #49 Exhibit 44 - ECF 4815 - BSC_s MTE and Memo re Pence, #50 Exhibit 45 - ECF 4968 - Pltf_s Response in Opp to BSC_s MTE Testimony of Pence, #51 Exhibit 46 - ECF 5038 - BSC_s Reply Memo in Support of MTE Testimony of Pence, #52 Exhibit 47 - ECF 6038 - Memo Opinion and Order re Daubert Motion re Pence, #53 Exhibit 48 - ECF 8336 - BSC_s Notice of Adoption of Prior Daubert MTE Pence, #54 Exhibit 49 - ECF 8356 - Pltf_s Notice of Adoption of Prior Daubert Response of Pence, #55 Exhibit 50 - ECF 8381 - BSC_s Notice of Adoption of Reply in Support of MTE Testimony of Pence, #56 Exhibit 51 - ECF 4813 - BSC_s MTE Rosenzweig, #57 Exhibit 52 - ECF 4957 - Pltf's Opposition to BSC's MTE Rosenzweig, #58 Exhibit 53 - ECF 6039 - Memo Opinion and Order re Rosenzweig, #59 Exhibit 54 - ECF 8328 - BSC_s Notice of Adoption of Prior Daubert MTE Rosenzweig, MD, #60 Exhibit 55 - ECF 8084 - BSC_s MTE General Causation Testimony of Rosenzweig, #61 Exhibit 56 - ECF 8357 - Pltf_s Response in Opp to BSC_s MTE Testimony of Rosenzweig - Copy, #62 Exhibit 57 - ECF 8382 - BSC_s Reply in Support of MTE General Causation Testimony of Rosenzweig, #63 Exhibit 58 - BSC_s MTE General Causation Opinions of Kohli, #64 Exhibit 59 - Pltf's Response in Opp to BSC's MTE General Opinions of Kohli, #65 Exhibit 60 - BSC-MDL - Memo Opinion and Order re Daubert Motion re Kohli, #66 Exhibit 61 - ECF 8335 - BSC's MTE General Causation Opinions of Kohli, #67 Exhibit 62 - ECF 8378 - Pltf's Memo in Opp to BSC's MTE Opinions of Kohli, #68 Exhibit 63 - ECF 275 - BSC's Opposition to Pltf's MTE Spiegelberg)(Strongman, Jon) (Modified on 5/12/2020 to add party filers) (msa). [Transferred from wvsd on 5/13/2020.]
April 28, 2020 Opinion or Order Filing 49 TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 5/12/2020 the cases identified on Exhibit A that are still pending shall be transferred to the United States District Courts identified on Exhibit A pursuant to 28 U.S.C. 1404(a); on or before 5/11/2020 the parties are DIRECTED to confer and to file in each pending individual member case identified in Exhibit A, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the Clerk is DIRECTED to use the appropriate function in CM/ECF to extract each member case listed on Exhibit A that remains pending and transfer it to the corresponding United States District Court listed on Exhibit A; after transfer of each member case listed in Exhibit A that is not dismissed prior to the Transfer Date, the Clerk is DIRECTED to formally close the case and strike it from the docket of this court. Signed by Judge Joseph R. Goodwin on 4/28/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (mms) [Transferred from wvsd on 5/13/2020.]
November 25, 2019 Filing 48 REPLY by Larry Dunning, Alicia Rose to #46 Memorandum In Opposition. (Attachment: #1 Exhibit 1)(Scarcello, Lindsey) [Transferred from wvsd on 5/13/2020.]
November 25, 2019 NOTICE OF DOCKET CORRECTION re: #45 MEMORANDUM by Larry Dunning, Alicia Rose in opposition to #41 MOTION by Boston Scientific Corporation for Summary Judgment ERROR: Incorrect image of Exhibit B attached. CORRECTION: Removed and replaced image. (slr) [Transferred from wvsd on 5/13/2020.]
November 25, 2019 NOTICE OF DOCKET CORRECTION re: #47 MEMORANDUM by Larry Dunning, Alicia Rose in opposition to #44 MOTION by Boston Scientific Corporation to Exclude the Opinions and Testimony of Dr. Neeraj Kohli, M.D., M.B.A. ERROR: Incorrect image of Exhibit 1 attached. CORRECTION: Removed and replaced image. (slr) [Transferred from wvsd on 5/13/2020.]
November 18, 2019 Filing 47 MEMORANDUM by Larry Dunning, Alicia Rose in opposition to #44 MOTION by Boston Scientific Corporation to Exclude the Opinions and Testimony of Dr. Neeraj Kohli, M.D., M.B.A. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Scarcello, Lindsey) (Modified on 11/25/2019 to remove and replace incorrect image of Exhibit 1)(slr). [Transferred from wvsd on 5/13/2020.]
November 18, 2019 Filing 46 MEMORANDUM by Boston Scientific Corporation in opposition to #42 MOTION by Larry Dunning, Alicia Rose to Exclude Certain Opinions and Testimony of Steven Swift, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Anielak, Eric) [Transferred from wvsd on 5/13/2020.]
November 15, 2019 Filing 45 MEMORANDUM by Larry Dunning, Alicia Rose in opposition to #41 MOTION by Boston Scientific Corporation for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Scarcello, Lindsey) (Modified on 11/25/2019 to remove and replace incorrect image of Exhibit B)(slr). [Transferred from wvsd on 5/13/2020.]
November 4, 2019 Filing 44 MOTION by Boston Scientific Corporation to Exclude the Opinions and Testimony of Dr. Neeraj Kohli, M.D. and MEMORANDUM IN SUPPORT. (Attachments: #1 Exhibit A, #2 Exhibit B)(Anielak, Eric) [Transferred from wvsd on 5/13/2020.]
November 4, 2019 Filing 43 MEMORANDUM OF LAW by Larry Dunning, Alicia Rose in support of #42 MOTION by Larry Dunning, Alicia Rose to Exclude Certain Opinions and Testimony of Steven Swift, M.D. (Scarcello, Lindsey) [Transferred from wvsd on 5/13/2020.]
November 4, 2019 Filing 42 MOTION by Larry Dunning, Alicia Rose to Exclude Certain Opinions and Testimony of Steven Swift, M.D. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Scarcello, Lindsey) [Transferred from wvsd on 5/13/2020.]
November 1, 2019 Filing 41 MOTION by Boston Scientific Corporation for Summary Judgment and MEMORANDUM IN SUPPORT (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Strongman, Jon) [Transferred from wvsd on 5/13/2020.]
October 25, 2019 Filing 40 NOTICE TO TAKE DEPOSITION by Larry Dunning, Alicia Rose of Steven Swift, M.D. on November 2, 2019 at 9:00 a.m. (Scarcello, Lindsey) [Transferred from wvsd on 5/13/2020.]
October 22, 2019 Filing 39 NOTICE OF DEPOSITION by Boston Scientific Corporation of Friends and Family on TBD at TBD (Tanenbaum, Michael) [Transferred from wvsd on 5/13/2020.]
October 22, 2019 Filing 38 NOTICE OF VIDEOTAPED DEPOSITION by Boston Scientific Corporation of Donna Laughlin on TBD at TBD (Tanenbaum, Michael) [Transferred from wvsd on 5/13/2020.]
October 22, 2019 Filing 37 NOTICE OF VIDEOTAPED DEPOSITION by Boston Scientific Corporation of Laura DaCorte on TBD at TBD (Tanenbaum, Michael) [Transferred from wvsd on 5/13/2020.]
October 22, 2019 Filing 36 NOTICE OF VIDEOTAPED DEPOSITION by Boston Scientific Corporation of Lydia Slater on TBD at TBD (Tanenbaum, Michael) [Transferred from wvsd on 5/13/2020.]
October 22, 2019 Filing 35 NOTICE OF VIDEOTAPED DEPOSITION by Boston Scientific Corporation of Nichole Nick on TBD at TBD (Tanenbaum, Michael) [Transferred from wvsd on 5/13/2020.]
October 18, 2019 Filing 34 RESPONSES AND OBJECTIONS by Larry Dunning, Alicia Rose to #33 Notice of Video Deposition of Nerraj Kohli, M.D. (Scarcello, Lindsey) [Transferred from wvsd on 5/13/2020.]
October 14, 2019 Filing 33 NOTICE OF VIDEOTAPED DEPOSITION by Boston Scientific Corporation of Dr. Nerraj Kohli on 10/22/2019 at 2:00 pm EDT (Strongman, Jon) [Transferred from wvsd on 5/13/2020.]
September 25, 2019 Filing 32 AMENDED NOTICE OF VIDEOTAPED DEPOSITION by Larry Dunning, Alicia Rose of Dr. Terry Milam on September 30, 2019 at 3:00 PM (Scarcello, Lindsey) [Transferred from wvsd on 5/13/2020.]
September 23, 2019 Filing 31 NOTICE OF VIDEOTAPED DEPOSITION by Alicia Rose of Dr. Terry Milam on September 30, 2019 at TBD (Scarcello, Lindsey) [Transferred from wvsd on 5/13/2020.]
September 19, 2019 Filing 30 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Rule 26 Designation and Disclosure of Expert Witnesses. (Strongman, Jon) [Transferred from wvsd on 5/13/2020.]
August 20, 2019 Filing 29 CERTIFICATE OF SERVICE by Larry Dunning, Alicia Rose for Plaintiffs' Designation and Disclosure of General and Case-Specific Expert Witnesses. (Scarcello, Lindsey) [Transferred from wvsd on 5/13/2020.]
August 16, 2019 Filing 28 NOTICE OF VIDEOTAPED DEPOSITION by Larry Dunning, Alicia Rose of Michael Fialkow, M.D. on August 19, 2019 at 2.00 PM (Scarcello, Lindsey) [Transferred from wvsd on 5/13/2020.]
July 25, 2019 Filing 27 RESPONSE by Larry Dunning, Alicia Rose re: #22 Notice to Take or Amend Deposition (Scarcello, Lindsey) [Transferred from wvsd on 5/13/2020.]
July 25, 2019 Filing 26 RESPONSE by Larry Dunning, Alicia Rose re: #23 Notice to Take or Amend Deposition (Scarcello, Lindsey) [Transferred from wvsd on 5/13/2020.]
July 22, 2019 Filing 25 CERTIFICATE OF SERVICE by Larry Dunning, Alicia Rose for Plaintiffs' Objections and Responses to Defendant's First Set of Interrogatories and Requests for Production. (Scarcello, Lindsey) [Transferred from wvsd on 5/13/2020.]
July 15, 2019 Filing 24 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Objections and Responses to First Interrogatories, Objections and Responses to First Requests for Admission, and Objections and Responses to First Requests for Production of Documents. (Anielak, Eric) [Transferred from wvsd on 5/13/2020.]
June 26, 2019 Filing 23 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Alicia Rose on July 26, 2019 at 10:00 a.m. (Tanenbaum, Michael) [Transferred from wvsd on 5/13/2020.]
June 26, 2019 Filing 22 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Larry Dunning on July 26, 2019 at 1:00 p.m. (Tanenbaum, Michael) [Transferred from wvsd on 5/13/2020.]
June 20, 2019 Filing 21 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Interrogatories and Request for Production of Documents. (Tanenbaum, Michael) [Transferred from wvsd on 5/13/2020.]
June 18, 2019 Filing 20 CERTIFICATE OF SERVICE by Larry Dunning, Alicia Rose for First Set of Interrogatories, Requests for Admission and Requests for Production. (Scarcello, Lindsey) [Transferred from wvsd on 5/13/2020.]
June 10, 2019 Filing 19 NOTICE of Issuance of Subpoena for Dr. Terry D. Milam by Larry Dunning, Alicia Rose (Scarcello, Lindsey) [Transferred from wvsd on 5/13/2020.]
June 10, 2019 Filing 18 NOTICE of Issuance of Subpoena for Dr. Michael F. Fialkow by Larry Dunning, Alicia Rose (Scarcello, Lindsey) [Transferred from wvsd on 5/13/2020.]
June 10, 2019 Filing 17 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Lindsey Scarcello on behalf of Larry Dunning, Alicia Rose. (Scarcello, Lindsey) [Transferred from wvsd on 5/13/2020.]
June 5, 2019 Filing 16 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Alicia Rose on July 26, 2019 at 10:00 a.m. (Keale, James) [Transferred from wvsd on 5/13/2020.]
June 5, 2019 Filing 15 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael A. Tanenbaum on behalf of Boston Scientific Corporation. (Tanenbaum, Michael) [Transferred from wvsd on 5/13/2020.]
May 17, 2019 Filing 14 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by James H. Keale on behalf of Boston Scientific Corporation. (Keale, James) [Transferred from wvsd on 5/13/2020.]
May 1, 2019 Opinion or Order Filing 12 PRETRIAL ORDER # 208 (Docket Control Order - Boston Scientific Corp. Wave 7 Cases) The court ORDERS that the cases on Exhibits A and B are: (1) removed from the pending inactive docket; and (2) placed on the active docket. The court further ORDERS that: (1) The cases are no longer eligible for return to the inactive docket nor may notices of settlement be filed to relieve the parties from scheduling deadlines; (2) To the extent other defendants, in addition to Boston Scientific Corporation, are named in the cases on Exhibits A and B, the deadlines below also apply to them; (3) The Clerk will file this Docket Control Order in the main MDL and every case listed on Exhibits A and B become subject to the deadlines in this Docket Control Order; and (4) The following deadlines immediately apply in all Wave 7 cases with one important exception, as more fully set forth herein. Scheduling Deadlines. The following deadlines shall apply in all BSC Wave 7 cases: Plaintiff Fact Sheets due by 05/11/2019. Defendant Fact Sheets due by 05/20/2019. Deadline for written discovery requests due by 06/20/2019. Expert disclosures served by plaintiffs due by 08/19/2019. Expert disclosure served by defendants due by 09/18/2019. Expert disclosure served for rebuttal due by 09/25/2019. Deposition deadline and close of discovery due by 10/25/2019. Filing of dispositive motions due by 11/01/2019. Response to dispositive motions due by 11/15/2019. Reply to response to dispositive motions due by 11/22/2019. Filing of Daubert motions due by 11/04/2019. Responses to Daubert motions due by 11/18/2019. Reply to response to Daubert motions due by 11/25/2019. Confidential Documents. Issues related to sealing of confidential documents that the parties are unable to resolve, must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 9/20/2019, and any response is due by 10/03/2019. Any reply is due by 10/10/2019. Venue Recommendations. The parties shall meet and confer concerning the appropriate venue for each of the cases no later than 10/08/2019, the parties are ORDERED to file joint venue recommendations by 10/18/2019. The parties' joint recommendation(s) shall identify cases where venue is in dispute. Signed by Judge Joseph R. Goodwin on 5/1/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2326; BSC Wave 7 cases identified on Exhibits A and B) (ts) (ADI) [Transferred from wvsd on 5/13/2020.]
August 15, 2018 Opinion or Order Filing 11 ORDER The deadline to submit joint motions of dismissal is extended to 10/31/2018 for all cases in MDL 2326 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2326 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 8/15/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases on inactive docket) (mek) (ADI) [Transferred from wvsd on 5/13/2020.]
July 20, 2018 Opinion or Order Filing 10 INACTIVE DOCKET ORDER: The court has been advised that the plaintiff(s) and Boston Scientific Corporation have reached a settlement. The court ORDERS as follows: All discovery deadlines are continued until further order of the court. The Clerk is directed to place this case on the pending inactive docket. Plaintiff(s) and defendant(s) may submit an agreed order of dismissal with prejudice on or before 8/31/2018; if settlements are not finalized and dismissal orders are not submitted by then the Court will have a hearing to determine the appropriate action pertaining to any remaining cases on the inactive docket. Counsel for plaintiff(s) and defendant(s) are directed to provide quarterly reports as to their progress in dismissing cases on the inactive docket. The court will reinstate the case to the active docket if one of the parties show good cause for such reinstatement. This Order is related to the Proposed Inactive Docket Order filed at ECF No. 6408 in MDL Case No. 2326 Boston. Signed by Judge Joseph R. Goodwin on 7/20/2018. (cc: counsel of record; any unrepresented party) (klc) (ADI) [Transferred from wvsd on 5/13/2020.]
June 13, 2018 Opinion or Order Filing 9 PRETRIAL ORDER # 187 (Amended Docket Control Order - Boston Scientific Corp. Wave 4 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 175. 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 4 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; and 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 2326; BSC Wave 4 Cases) (lca) (ADI) [Transferred from wvsd on 5/13/2020.]
January 30, 2018 Opinion or Order Filing 8 PRETRIAL ORDER # 175 (Docket Control Order - Boston Scientific Corp. Wave 4 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING BOSTON SCIENTIFIC CORPORATION 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 4 cases") becomes subject to the deadlines in this Docket Control Order. The following deadlines apply in all Wave 4 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 4 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 2326; BSC Wave 4 Cases Listed on Exhibit A) (kab) [Transferred from wvsd on 5/13/2020.]
June 7, 2017 Filing 7 PLAINTIFF PROFILE FORM filed by Larry Dunning, Alicia Rose. (Watkins, Diane) [Transferred from wvsd on 5/13/2020.]
February 20, 2015 Filing 6 AMENDED SHORT FORM COMPLAINT filed by Alicia Rose, Larry Dunning against Boston Scientific Corporation. (Kuntz, Jeffrey) (Modified on 2/21/2015 to add party filer)(skh). [Transferred from wvsd on 5/13/2020.]
August 19, 2014 Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Bonasso on behalf of Boston Scientific Corporation. (Bonasso, Michael) [Transferred from wvsd on 5/13/2020.]
July 21, 2014 Filing 4 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon Strongman on 7/17/14. Boston Scientific Corporation waiver mailed on 6/24/2014, answer due 8/25/2014. (Strongman, Jon) [Transferred from wvsd on 5/13/2020.]
July 21, 2014 Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jon A. Strongman on behalf of Boston Scientific Corporation. (Strongman, Jon) [Transferred from wvsd on 5/13/2020.]
June 25, 2014 Filing 2 TRANSMITTED PRETRIAL ORDER # 101 (Revised Short Form Complaint and Amended Short Form Complaint re: Addition of Neomedic Entities and Removal of Ethicon, LLC) entered on 05/29/2014 in MDL 2326 to attorneys in member case. (Attachments: #1 Exhibit A - Short Form Complaint, #2 Exhibit B - Amended Short Form Complaint) (kw) [Transferred from wvsd on 5/13/2020.]
June 24, 2014 Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-3283425. (Attachment: #1 Civil Cover Sheet) (kw) [Transferred from wvsd on 5/13/2020.]

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Defendant: Boston Scientific Corporation
Represented By: Eric M. Anielak
Represented By: James H Keale
Represented By: Michael Bonasso
Represented By: Jon A Strongman
Represented By: Michael A. Tanenbaum
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Plaintiff: Alicia Rose
Represented By: Thomas P. Cartmell
Represented By: Jeffrey M. Kuntz
Represented By: Diane K. Watkins
Represented By: Lindsey Scarcello
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Plaintiff: Larry Dunning
Represented By: Thomas P. Cartmell
Represented By: Jeffrey M. Kuntz
Represented By: Diane K. Watkins
Represented By: Lindsey Scarcello
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