Heatherly v. Boston Scientific Corporation
Plaintiff: Jane M. Heatherly
Defendant: Boston Scientific Corporation
Case Number: 5:2019cv00066
Filed: January 11, 2019
Court: US District Court for the Northern District of Alabama
Presiding Judge: Madeline Hughes Haikala
Referring Judge: Herman N Johnson
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 6, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 6, 2019 Opinion or Order Filing 126 TEXT ORDER: Attorneys Jon Andrew Strongman, A. Bradley Bodamer, Eva MarieMannoia Weiler, Matthew D. Keenan, Michael A. Tanenbaum, Robert T. Adams,Steven D. Soden, Lindsey M. Saad, and Michael Bonasso have filed a Motion to Withdraw. (Doc. #125 ). The Court GRANTS the Motion. Defendant will continue to be represented by Attorneys Sara M. Turner and Erick M. Anielak. Signed by Judge Madeline Hughes Haikala on 3/6/2019. (YMB)
March 6, 2019 Filing 125 MOTION to Withdraw by Boston Scientific Corporation. (Turner, Sara)
February 28, 2019 Opinion or Order Filing 124 TEXT ORDER: The parties have advised that the estimated trial time is 2 - 3 weeks. Therefore, the Court cancels the Jury Trial currently set for 11/18/2019 and resets the trial as follows: Jury Selection will be held on Friday, 11/8/2019 at 10:00 AM; Trial will begin on Tuesday, 11/12/2019 at 9:00 AM, both at the US Post Office & Courthouse, Decatur, AL. Signed by Judge Madeline Hughes Haikala on 2/28/2019. (YMB)
February 27, 2019 Opinion or Order Filing 123 ORDER REGARDING PRETRIAL CONFERENCE: Joint Proposed Pretrial Order due by 9/5/2019. Pretrial Conference set for Tuesday, 9/10/2019 at 11:00 AM, CR 7B, Hugo L Black US Courthouse, Birmingham, AL. Out of state counsel may participate in the conference by dialing 877-873-8018 and entering access code 5313999. Witness and Exhibit Lists due by 9/23/2019. Motions in Limine due by 10/7/2019; responses due by 10/21/2019. Single, joint proposed jury charge due by 11/4/2019. Signed by Judge Madeline Hughes Haikala on 2/27/2019. (YMB)
February 27, 2019 Opinion or Order Filing 122 TEXT ORDER: The Court sets this matter for Jury Trial to commence on Monday, 11/18/2019 at 9:00 AM, US Post Office & Courthouse, Decatur, AL. Signed by Judge Madeline Hughes Haikala on 2/27/2019. (YMB)
February 26, 2019 Opinion or Order Filing 121 TEXT ORDER: Attorney Sara M. Turner has moved to admit Eric M. Anielak pro hac vice in this action. (Doc. #120 ). The Court GRANTS the Motion. Signed by Judge Madeline Hughes Haikala on 2/26/2019. (YMB)
February 25, 2019 Filing 120 MOTION for Limited Admission Motion for Admission Pro Hac Vice by Boston Scientific Corporation. (Attachments: #1 Exhibit Exhibit A)(Turner, Sara)
February 25, 2019 PHV Fee paid for Eric M. Anielak in the amount of $50.00, Credit Card receipt number 1126-3285670, NDAL receipt #B4601095613. (Turner, Sara) Modified on 2/25/2019 (JLC).
February 22, 2019 Filing 119 NOTICE by Boston Scientific Corporation re 117 Order, Joint Notice Regarding Trial Date and Disclosing Lead Counsel for Defendant (Turner, Sara)
February 20, 2019 Filing 118 NOTICE of Appearance by C Anthony Graffeo on behalf of Jane M. Heatherly (Graffeo, C)
February 6, 2019 Opinion or Order Filing 117 TEXT ORDER: This action has returned to this district from MDL proceedings. On or before February 25, 2019, the parties shall please confer and file a joint notice proposing a trial date and identifying Boston Scientific's lead counsel for this case. Signed by Judge Madeline Hughes Haikala on 02/06/2019. (EES)
February 4, 2019 Filing 116 NOTICE OF REASSIGNMENT: The parties having not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, the above styled civil action has been randomly reassigned to the Honorable Madeline Hughes Haikala. Please use case number 5:19-cv-0066-MHH on all subsequent pleadings. (SPT )
February 4, 2019 Opinion or Order TEXT ORDER that the court CANCELS the telephone status conference set for February 11, 2019, at 9:30 a.m. Signed by Magistrate Judge Herman N Johnson, Jr on 2/4/19. (LBG, )
January 11, 2019 Opinion or Order Filing 115 ORDER: the parties are hereby notified that, unless they unanimously consent to the exercise of dispositive jurisdiction by a magistrate judge pursuant to 28 U.S.C. 636(c) by no later than February 25, 2019, the case will be reassigned to a randomly-drawn district judge for all purposes. Signed by Magistrate Judge Herman N Johnson, Jr on 1/11/19. (BJL)
January 11, 2019 Opinion or Order Filing 114 ORDER setting Telephone Conference for 2/11/2019 at 09:30 AM. Signed by Magistrate Judge Herman N Johnson, Jr on 1/11/19. (BJL)
January 11, 2019 Filing 113 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-00702. Original file certified copy of transfer order and docket sheet received.
December 21, 2018 Filing 112 JOINT DESIGNATION OF RECORDS TO BE TRANSFERRED TO THE NORTHERN DISTRICT OF ALABAMA by Boston Scientific Corporation, Jane M. Heatherly. (Strongman, Jon) (Modified on 1/7/2019 to add party filer) (lca). [Transferred from West Virginia Southern on 1/11/2019.]
December 18, 2018 Opinion or Order Filing 111 ORDER Because all pretrial proceedings, including discovery and the filing of dispositive and Daubert motion practice are substantially complete no additional discovery in this case should be necessary; except as noted herein, the case is ready for trial; this case is transferred to the United States District Court for the Northern District of Alabama pursuant to 28 U.S.C. 1404(a); it is further ORDERED that within seven (7) days of this order, the parties may file a joint designation of any non-Pretrial Order filings from MDL 2326, 2:12-md-2326; immediately after the expiration of seven (7) days, the Clerk of this court is DIRECTED to transmit the following to the United States District Court for the Northern District of Alabama: (1) a copy of the docket sheet for this case; (2) the entire file for this case; (3) the docket sheet for MDL 2326, 2:12-md-2326; (4) all PTOs entered in 2:12-md- 2326; and (5) any other non-PTO filing from 2:12-md-2326 which the parties jointly designate; the court ORDERS that within fourteen (14) days of the parties receipt of a judge assignment, the parties send to the address noted within a brief notice identifying the District Judge who received the case on transfer and his or her email and telephone contact information. Signed by Judge Joseph R. Goodwin on 12/18/2018. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (kp) [Transferred from West Virginia Southern on 1/11/2019.]
August 9, 2018 Opinion or Order Filing 110 MEMORANDUM OPINION AND ORDER (Daubert Motions) The #29 Motion to Exclude the Opinions and Testimony of Niall Galloway, M.D. is GRANTED in part and DENIED in part; the #33 Motion to Exclude the Opinions and Testimony of Jimmy W. Mays, Ph.D. is GRANTED; the #39 Motion to Exclude the Opinions and Testimony of Peggy Pence, Ph.D. is GRANTED in part, DENIED in part, and RESERVED in part; the #43 Motion to Exclude the Opinions and Testimony of Dr. Trepeta is GRANTED in part and DENIED in part; and the #38 Motion to Exclude the Testimony of Dr. Bercik, M.D. is GRANTED in part, DENIED in part, and RESERVED in part; the #31 Motion to Exclude the Opinions and Testimony of Roger Goldberg, M.D. is GRANTED in part, DENIED in part, and RESERVED in part; the #34 Motion to Exclude or Limit the Testimony of Christine Brauer, Ph.D. is GRANTED; the #32 Motion to Exclude Certain Opinions and Testimony of Dr. Culligan is GRANTED in part, DENIED in part, DENIED as moot in part, and RESERVED in part; the #45 Motion to Exclude the Testimony and Opinions of Dr. Stephen Spiegelberg, Ph.D. is GRANTED in part, DENIED in part, and DENIED as moot in part; and the #47 Motion to Exclude the Opinions and Testimony of Stephen F. Badylak, D.V.M., Ph.D., M.D. is thus DENIED. Signed by Judge Joseph R. Goodwin on 8/9/2018. (cc: counsel of record; any unrepresented party) (kp) [Transferred from West Virginia Southern on 1/11/2019.]
July 18, 2018 Filing 109 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael A. Tanenbaum on behalf of Boston Scientific Corporation. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 1/11/2019.]
July 18, 2018 Opinion or Order Filing 108 ORDER denying as moot #46 MOTION by Boston Scientific Corporation to Strike and Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. Signed by Judge Joseph R. Goodwin on 7/18/2018. (cc: attys; any unrepresented party) (brn) [Transferred from West Virginia Southern on 1/11/2019.]
July 18, 2018 Opinion or Order Filing 107 ORDER denying as moot #42 MEMORANDUM OF LAW IN SUPPORT OF MOTION by Boston Scientific Corporation to Exclude the Opinions and Testimony of Scott Guelcher, Ph.D. Signed by Judge Joseph R. Goodwin on 7/18/2018. (cc: attys; any unrepresented party) (kp) [Transferred from West Virginia Southern on 1/11/2019.]
July 18, 2018 Opinion or Order Filing 106 ORDER denying as moot #37 MOTION WITH MEMO IN SUPPORT by Boston Scientific Corporation to Exclude the Opinions and Testimony of Russell Dunn, Ph.D. Signed by Judge Joseph R. Goodwin on 7/18/2018. (cc: attys; any unrepresented party) (kp) [Transferred from West Virginia Southern on 1/11/2019.]
July 18, 2018 Opinion or Order Filing 105 ORDER denying as moot #36 COMBINED MOTION AND MEMORANDUM OF LAW by Jane M. Heatherly to Exclude the Opinions and Testimony of Gary L. Winn, Ph.D. Signed by Judge Joseph R. Goodwin on 7/18/2018. (cc: attys; any unrepresented party) (kp) [Transferred from West Virginia Southern on 1/11/2019.]
July 18, 2018 Opinion or Order Filing 104 ORDER denying as moot #35 MOTION by Boston Scientific Corporation to Limit the Opinions and Testimony of Bobby L. Shull, M.D. Signed by Judge Joseph R. Goodwin on 7/18/2018. (cc: attys; any unrepresented party) (kp) [Transferred from West Virginia Southern on 1/11/2019.]
July 18, 2018 Opinion or Order Filing 103 ORDER denying as moot #30 MOTION by Boston Scientific Corporation to Exclude the Opinions and Testimony of Thomas H. Barker, Ph.D. Signed by Judge Joseph R. Goodwin on 7/18/2018. (cc: attys; any unrepresented party) (kp) [Transferred from West Virginia Southern on 1/11/2019.]
July 18, 2018 Opinion or Order Filing 102 ORDER denying as moot #27 MOTION by Boston Scientific Corporation to Exclude the Testimony of Michael Thomas Margolis, M.D. Signed by Judge Joseph R. Goodwin on 7/18/2018. (cc: attys; any unrepresented party) (kp) [Transferred from West Virginia Southern on 1/11/2019.]
June 27, 2018 Opinion or Order Filing 101 ORDER The show cause hearing set for 7/13/2018 is hereby CANCELED as it pertains to this case only. Signed by Judge Joseph R. Goodwin on 6/27/2018. (cc: counsel of record; any unrepresented party) (kp) [Transferred from West Virginia Southern on 1/11/2019.]
June 21, 2018 NOTICE OF DOCKET CORRECTION re: #98 Certificate of Service by Jane M. Heatherly for Expert Witness Designation. ERROR: Disclosures filed in its entirety. CORRECTION: Disclosures removed and certificate of service retained. (ts) (Modified on 6/25/2018 to add designation in its entirety) (ts). [Transferred from West Virginia Southern on 1/11/2019.]
June 18, 2018 Filing 100 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Boston Scientific Corporation (Strongman, Jon) [Transferred from West Virginia Southern on 1/11/2019.]
June 13, 2018 Opinion or Order Filing 99 SHOW CAUSE ORDER Directing that a show cause hearing will be conducted on 7/13/2018 at 10:00 a.m. in Charleston, West Virginia; BSC must show cause as to why it should not be subject to sanctions for its failure to comply with the #97 Order entered on 6/1/2018. Signed by Judge Joseph R. Goodwin on 6/13/2018. (cc: counsel of record; any unrepresented party) (mek) [Transferred from West Virginia Southern on 1/11/2019.]
June 11, 2018 Filing 98 RESPONSE TO COURT ORDER by Jane M. Heatherly for Expert Witness Designation. (Blackwell, Jeffrey) (Modified on 6/21/2018 to remove discovery filed in its entirety and retain certificate of service) (ts). (Modified on 6/25/2018 to add designation in its entirety per Order) (ts). [Transferred from West Virginia Southern on 1/11/2019.]
June 1, 2018 Opinion or Order Filing 97 ORDER directing that the following provisions shall apply in this case: 1) Limitation on Experts: The plaintiff and the defendant are each limited to no more than five (5) experts per case (exclusive of treating physicians); and 2) Filing List of Experts in the Individual Case: On or before 6/11/2018, the plaintiff and the defendant shall each file with the court a list of the experts that each side intends to proffer in this case. The court expects each party to abide by the limitation of no more than five experts per side. I will not allow the parties to supplement their causation experts list without first seeking leave of court. As stated in other PTOs, I will only consider modifications to the limitation on experts upon good cause shown. Signed by Judge Joseph R. Goodwin on 6/1/2018. (cc: counsel of record; any unrepresented party) (kp) [Transferred from West Virginia Southern on 1/11/2019.]
June 15, 2017 Filing 96 PLAINTIFF PROFILE FORM filed by Jane M. Heatherly. (Blackwell, Jeffrey) [Transferred from West Virginia Southern on 1/11/2019.]
June 15, 2017 Filing 95 PLAINTIFF FACT SHEET filed by Jane M. Heatherly. (Blackwell, Jeffrey) [Transferred from West Virginia Southern on 1/11/2019.]
May 10, 2016 Filing 94 OMNIBUS RESPONSE by Jane M. Heatherly in opposition to #91 INITIAL MOTIONS by Boston Scientific Corporation in Limine (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Blackwell, Jeffrey) [Transferred from West Virginia Southern on 1/11/2019.]
May 9, 2016 Filing 93 RESPONSE by Boston Scientific Corporation in opposition to #92 MOTION by Jane M. Heatherly in Limine No. 1 - Evidence Relating to the United States Food and Drug Administration (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Adams, Robert) [Transferred from West Virginia Southern on 1/11/2019.]
April 26, 2016 Filing 92 MOTION by Jane M. Heatherly in Limine No. 1 - Evidence Relating to the United States Food and Drug Administration (Blackwell, Jeffrey) [Transferred from West Virginia Southern on 1/11/2019.]
April 25, 2016 Filing 91 INITIAL MOTIONS by Boston Scientific Corporation in Limine (Adams, Robert) [Transferred from West Virginia Southern on 1/11/2019.]
March 24, 2016 Opinion or Order Filing 90 PRETRIAL ORDER # 142 (Fifth Amended Docket Control Order on Wave 1 and Wave 2 Discovery) It is ORDERED that PTO #s 108, 116, 121 and 125 related to Wave 1 and 2 cases are amended with respect to the filing of motions in limine as follows and as more fully set forth herein: Any motions in limine in the Wave 1 and 2 cases, shall be filed on or before 4/26/2016. Any responses shall be filed on or before 5/10/2016. Signed by Judge Joseph R. Goodwin on 3/24/2016. (cc: Clerk of the JPMDL; attys) (REF: MDL 2326; Wave 1 and Wave 2 Cases) (mek) [Transferred from West Virginia Southern on 1/11/2019.]
January 14, 2016 NOTICE OF DOCKET CORRECTION re: #88 Notice of Change of Address by Jeffrey G. Blackwell. ERROR: Incorrect event selected. CORRECTION: Image removed; document correctly filed at entry #89. (skh) [Transferred from West Virginia Southern on 1/11/2019.]
January 13, 2016 Filing 89 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Jeffrey G. Blackwell updating his contact information on behalf of Jane M. Heatherly. (Blackwell, Jeffrey) [Transferred from West Virginia Southern on 1/11/2019.]
January 13, 2016 Filing 88 INCORRECT ENTRY; SEE ENTRY #89. (Modified on 1/14/2016 to remove image; document correctly filed at entry #89)(skh). [Transferred from West Virginia Southern on 1/11/2019.]
April 27, 2015 Opinion or Order Filing 87 PRETRIAL ORDER # 125 (Fourth Amended Docket Control Order on Wave 1 and Wave 2 Discovery) amending Pretrial Order # 121 related to Wave 1 and 2 Discovery entered 1/29/2015, with respect to the previously numbered paragraph 28 related to filing deadlines for motions in limine and Daubert based dispositive motions; those motions may be taken up with the court to which these actions are ultimately transferred or remanded; the remaining provisions of the PTO remain unchanged and in force and effect; the court DIRECTS the Clerk to file a copy of this order in 2:12-md-2326 and in the cases that have been designated by the parties as Wave 1 and Wave 2 cases. Signed by Judge Joseph R. Goodwin on 4/27/2015. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: MDL 2326; Wave 1 Cases; Wave 2 Cases) (ts) [Transferred from West Virginia Southern on 1/11/2019.]
March 3, 2015 Filing 86 REPLY by Boston Scientific Corporation to #71 Response In Opposition. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D)(Strongman, Jon) [Transferred from West Virginia Southern on 1/11/2019.]
March 3, 2015 Filing 85 REPLY by Boston Scientific Corporation to #60 Response In Opposition. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F)(Soden, Steven) [Transferred from West Virginia Southern on 1/11/2019.]
March 3, 2015 Filing 84 REPLY by Boston Scientific Corporation to #63 Response In Opposition. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Bodamer, A.) [Transferred from West Virginia Southern on 1/11/2019.]
March 3, 2015 Filing 83 REPLY by Boston Scientific Corporation to #68 Response In Opposition. (Attachments: #1 Exhibit(s) 1-2)(Strongman, Jon) [Transferred from West Virginia Southern on 1/11/2019.]
March 3, 2015 Filing 82 REPLY by Jane M. Heatherly to #69 Response In Opposition. (Attachments: #1 Exhibit(s) A)(Blackwell, Jeffrey) [Transferred from West Virginia Southern on 1/11/2019.]
March 3, 2015 Filing 81 REPLY by Jane M. Heatherly to #54 Memorandum In Opposition. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Blackwell, Jeffrey) [Transferred from West Virginia Southern on 1/11/2019.]
March 3, 2015 Filing 80 REPLY by Jane M. Heatherly to #56 Memorandum In Opposition. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Blackwell, Jeffrey) [Transferred from West Virginia Southern on 1/11/2019.]
March 3, 2015 Filing 79 REPLY by Jane M. Heatherly to #59 Response In Opposition. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7)(Blackwell, Jeffrey) [Transferred from West Virginia Southern on 1/11/2019.]
March 3, 2015 Filing 78 REPLY by Jane M. Heatherly to #55 Response In Opposition. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Blackwell, Jeffrey) [Transferred from West Virginia Southern on 1/11/2019.]
March 2, 2015 Filing 77 REPLY by Boston Scientific Corporation to #65 Response In Opposition. (Attachments: #1 Exhibit(s) 1)(Strongman, Jon) [Transferred from West Virginia Southern on 1/11/2019.]
March 2, 2015 Filing 76 REPLY by Boston Scientific Corporation to #67 Response in Opposition. (Weiler, Eva Marie) Modified to correct link to #67 Response on 3/26/2015 (gjb). [Transferred from West Virginia Southern on 1/11/2019.]
March 2, 2015 Filing 75 REPLY by Boston Scientific Corporation to #61 Response In Opposition. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Keenan, Matthew) [Transferred from West Virginia Southern on 1/11/2019.]
March 2, 2015 Filing 74 REPLY by Boston Scientific Corporation to #57 Response In Opposition. (Bodamer, A.) [Transferred from West Virginia Southern on 1/11/2019.]
March 2, 2015 Filing 73 REPLY by Boston Scientific Corporation to #66 Response In Opposition. (Attachments: #1 Exhibit(s) 39-41)(Anielak, Eric) [Transferred from West Virginia Southern on 1/11/2019.]
February 24, 2015 Filing 72 REPLY by Boston Scientific Corporation to #51 Response in Opposition. (Attachments: #1 Exhibit A)(Turner, Sara) [Transferred from West Virginia Southern on 1/11/2019.]
February 24, 2015 Filing 71 RESPONSE by Jane M. Heatherly in opposition to #39 MOTION by Boston Scientific Corporation to Exclude the Opinions and Testimony of Peggy Pence, Ph.D. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I)(Blackwell, Jeffrey) [Transferred from West Virginia Southern on 1/11/2019.]
February 24, 2015 Filing 70 REPLY MEMORANDUM by Boston Scientific Corporation to #50 Response In Opposition. (Turner, Sara) [Transferred from West Virginia Southern on 1/11/2019.]
February 24, 2015 Filing 69 RESPONSE by Boston Scientific Corporation in opposition to #45 MOTION by Jane M. Heatherly to Exclude the Opinions and Testimony of Dr. Stephen Spiegelberg, Ph.D. (Attachments: #1 Exhibit(s) A-F)(Adams, Robert) [Transferred from West Virginia Southern on 1/11/2019.]
February 24, 2015 Filing 68 RESPONSE by Jane M. Heatherly in opposition to #29 MOTION by Boston Scientific Corporation Motion to Exclude The Opinions and Testimony of Niall Galloway, M.D. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G)(Blackwell, Jeffrey) [Transferred from West Virginia Southern on 1/11/2019.]
February 24, 2015 Filing 67 RESPONSE by Jane M. Heatherly in opposition to #27 MOTION by Boston Scientific Corporation to Exclude the Testimony of Michael Thomas Margolis, M.D. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) C, #3 Exhibit(s) D)(Blackwell, Jeffrey) (Modified to remove link to #28 Memorandum In Support and create link to #27 Motion on 3/5/2015 )(klc). [Transferred from West Virginia Southern on 1/11/2019.]
February 24, 2015 Filing 66 RESPONSE by Jane M. Heatherly in opposition to #46 MOTION by Boston Scientific Corporation to Strike and Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. (Attachments: #1 Exhibit(s) A-PART 1, #2 Exhibit(s) A-PART 2, #3 Exhibit(s) B, #4 Exhibit(s) D, #5 Exhibit(s) E)(Blackwell, Jeffrey) [Transferred from West Virginia Southern on 1/11/2019.]
February 24, 2015 Filing 65 MEMORANDUM by Jane M. Heatherly in opposition to #33 MOTION by Boston Scientific Corporation to Exclude Opinions and Testimony of Jimmy W. Mays, Ph.D. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10)(Blackwell, Jeffrey) [Transferred from West Virginia Southern on 1/11/2019.]
February 24, 2015 Filing 64 RESPONSE by Jane M. Heatherly in opposition to #43 MOTION by Boston Scientific Corporation To Exclude the Opinions and Testimony of Richard Trepeta, M.D. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Blackwell, Jeffrey) [Transferred from West Virginia Southern on 1/11/2019.]
February 24, 2015 Filing 63 RESPONSE by Jane M. Heatherly in opposition to #35 MOTION by Boston Scientific Corporation To Limit the Opinions and Testimony of Bobby L. Shull, M.D. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Exhibit(s) K, #12 Exhibit(s) L-PART 1, #13 Exhibit(s) L-PART 2, #14 Exhibit(s) M, #15 Exhibit(s) N, #16 Exhibit(s) O, #17 Exhibit(s) P, #18 Exhibit(s) Q)(Blackwell, Jeffrey) [Transferred from West Virginia Southern on 1/11/2019.]
February 24, 2015 Filing 62 RESPONSE by Jane M. Heatherly in opposition to #42 MOTION by Boston Scientific Corporation to Exclude the Opinions and Testimony of Scott Guelcher, Ph.D. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E)(Blackwell, Jeffrey) [Transferred from West Virginia Southern on 1/11/2019.]
February 24, 2015 Filing 61 RESPONSE by Jane M. Heatherly in opposition to #37 MOTION by Boston Scientific Corporation to Exclude the Opinions and Testimony of Russell Dunn, Ph.D. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Blackwell, Jeffrey) [Transferred from West Virginia Southern on 1/11/2019.]
February 24, 2015 Filing 60 RESPONSE by Jane M. Heatherly in opposition to #30 MOTION by Boston Scientific Corporation to Exclude the Opinions and Testimony of Thomas H. Barker, Ph.D. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H)(Blackwell, Jeffrey) [Transferred from West Virginia Southern on 1/11/2019.]
February 23, 2015 Filing 59 RESPONSE by Boston Scientific Corporation in opposition to #34 MOTION by Jane M. Heatherly to Exclude or Limit the Testimony of Christine Brauer, Ph.D. (Attachments: #1 Exhibit(s) 1-12)(Bodamer, A.) [Transferred from West Virginia Southern on 1/11/2019.]
February 23, 2015 Filing 58 MEMORANDUM by Boston Scientific Corporation in opposition to #36 MOTION by Jane M. Heatherly to Exclude the Opinions and Testimony of Gary L. Winn, Ph.D. (Attachments: #1 Exhibit(s) A-L)(Adams, Robert) [Transferred from West Virginia Southern on 1/11/2019.]
February 23, 2015 Filing 57 RESPONSE by Jane M. Heatherly to #38 MOTION by Boston Scientific Corporation to Exclude the Testimony of Dr. Richard Bercik, M.D. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B-PART 1, #3 Exhibit(s) B-PART 2)(Blackwell, Jeffrey) [Transferred from West Virginia Southern on 1/11/2019.]
February 23, 2015 Filing 56 MEMORANDUM by Boston Scientific Corporation in opposition to #32 MOTION by Jane M. Heatherly to Exclude Certain Opinions and Testimony of Dr. Patrick Culligan. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Adams, Robert) [Transferred from West Virginia Southern on 1/11/2019.]
February 20, 2015 Filing 55 RESPONSE by Boston Scientific Corporation in opposition to #47 MOTION by Jane M. Heatherly to Exclude the Opinions and Testimony of Stephen F. Badylak, D.V.M., Ph.D., M.D. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D)(Strongman, Jon) [Transferred from West Virginia Southern on 1/11/2019.]
February 20, 2015 Filing 54 MEMORANDUM by Boston Scientific Corporation in opposition to #31 MOTION by Jane M. Heatherly to Exclude the Opinions and Testimony of Roger Goldberg, M.D. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5)(Bodamer, A.) [Transferred from West Virginia Southern on 1/11/2019.]
February 19, 2015 Filing 53 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Robert T. Adams on behalf of Boston Scientific Corporation. (Adams, Robert) [Transferred from West Virginia Southern on 1/11/2019.]
February 17, 2015 Filing 52 DISCLOSURE REQUIRED BY #48 Pretrial Order #121 by Jane M. Heatherly. (Blackwell, Jeffrey) [Transferred from West Virginia Southern on 1/11/2019.]
February 15, 2015 Filing 51 RESPONSE by Jane M. Heatherly in opposition to #40 MOTION by Boston Scientific Corporation for Summary Judgment Against Plaintiff Jane Heatherly (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Exhibit(s) 11, #12 Exhibit(s) 12, #13 Exhibit(s) 13, #14 Exhibit(s) 14, #15 Exhibit(s) 15, #16 Exhibit(s) 16, #17 Exhibit(s) 17, #18 Exhibit(s) 18, #19 Exhibit(s) 19, #20 Exhibit(s) 20, #21 Exhibit(s) 21, #22 Exhibit(s) 22, #23 Exhibit(s) 23, #24 Exhibit(s) 24, #25 Exhibit(s) 25, #26 Exhibit(s) 26, #27 Exhibit(s) 27)(Blackwell, Jeffrey) [Transferred from West Virginia Southern on 1/11/2019.]
February 15, 2015 Filing 50 RESPONSE by Jane M. Heatherly in opposition to #41 MOTION by Boston Scientific Corporation for Partial Summary Judgment on Punitive Damages Claim. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G-Part 1, #8 Exhibit(s) G-Part 2, #9 Exhibit(s) H, #10 Exhibit(s) I, #11 Exhibit(s) J, #12 Exhibit(s) K, #13 Exhibit(s) L, #14 Exhibit(s) M, #15 Exhibit(s) N, #16 Exhibit(s) O, #17 Exhibit(s) P, #18 Exhibit(s) Q, #19 Exhibit(s) R, #20 Exhibit(s) S, #21 Exhibit(s) T, #22 Exhibit(s) U, #23 Exhibit(s) V, #24 Exhibit(s) W, #25 Exhibit(s) X, #26 Exhibit(s) Y)(Blackwell, Jeffrey) [Transferred from West Virginia Southern on 1/11/2019.]
February 12, 2015 Filing 49 DISCLOSURE REQUIRED BY #48 Pretrial Order #121 by Boston Scientific Corporation. (Keenan, Matthew) [Transferred from West Virginia Southern on 1/11/2019.]
January 29, 2015 Opinion or Order Filing 48 PRETRIAL ORDER # 121 (Third Amended Docket Control Order on Wave 1 and Wave 2 Discovery) It is ORDERED that PTO #s 108 and 116 related to Wave 1 and 2 Discovery are amended. The new and/or amended provisions are contained in the following paragraphs: 23, 24 and 25, as more fully set forth herein. The remaining provisions of the PTO remain unchanged and in force and effect; directing the Clerk to file a copy of this order in 2:12-md-02326 and in the cases that have been designated by the parties as Wave 1 and 2 cases. Signed by Judge Joseph R. Goodwin on 1/29/2015. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: MDL 2326 Wave 1 and 2 Cases) (ts) [Transferred from West Virginia Southern on 1/11/2019.]
January 27, 2015 Filing 47 MOTION WITH MEMO IN SUPPORT by Jane M. Heatherly to Exclude The Opinions and Testimony of Stephen F. Badylak, D.V.M. Ph.D., M.D. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5)(Blackwell, Jeffrey) [Transferred from West Virginia Southern on 1/11/2019.]
January 27, 2015 Filing 46 MOTION by Boston Scientific Corporation to Strike and Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2A, #3 Exhibit(s) 2B, #4 Exhibit(s) 3-4, #5 Exhibit(s) 5-6, #6 Exhibit(s) 7A, #7 Exhibit(s) 7B, #8 Exhibit(s) 8A, #9 Exhibit(s) 8B, #10 Exhibit(s) 9A, #11 Exhibit(s) 9B, #12 Exhibit(s) 10-14, #13 Exhibit(s) 15, #14 Exhibit(s) 16A, #15 Exhibit(s) 16B, #16 Exhibit(s) 17-19, #17 Exhibit(s) 20, #18 Exhibit(s) 21A, #19 Exhibit(s) 21B, #20 Exhibit(s) 22-24, #21 Exhibit(s) 25A, #22 Exhibit(s) 25B, #23 Exhibit(s) 26-28, #24 Exhibit(s) 29, #25 Exhibit(s) 30, #26 Exhibit(s) 31-32, #27 Exhibit(s) 33A, #28 Exhibit(s) 33B, #29 Exhibit(s) 34-40)(Strongman, Jon) [Transferred from West Virginia Southern on 1/11/2019.]
January 27, 2015 Filing 45 MOTION WITH MEMO IN SUPPORT by Jane M. Heatherly to Exclude The Testimony and Opinions of Dr. Stephen Spiegelberg, Ph.D.(Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G)(Blackwell, Jeffrey) [Transferred from West Virginia Southern on 1/11/2019.]
January 23, 2015 Opinion or Order Filing 44 PRETRIAL ORDER # 119 (Order re: Pending Daubert Motions filed in MDL) By PTO #s 100, 108, and 116, the parties chose cases for Wave 1 and Wave 2 for purposes of conducting discovery and motion practice including the filing of Daubert and dispositive motions. The filing of motions in the main MDL as opposed to the individual cases chosen for Waves 1 and 2 is not appropriate. The court will only consider motions filed in the individual Wave 1 and Wave 2 cases as to each individual case. Accordingly, it is ORDERED that the Daubert motions filed in MDL 2326 as Documents 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013 and 1015 are DENIED. Signed by Judge Joseph R. Goodwin on 1/23/2015. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: MDL 2326; WAVE 1, WAVE 2 CASES) (ts) [Transferred from West Virginia Southern on 1/11/2019.]
January 17, 2015 Filing 43 MOTION AND MEMORANDUM IN SUPPORT by Boston Scientific Corporation To Exclude the Opinions and Testimony of Richard Trepeta, M.D. (Attachments: #1 Exhibit(s) A-B, #2 Exhibit(s) C-E)(Soden, Steven) [Transferred from West Virginia Southern on 1/11/2019.]
January 17, 2015 Filing 42 MEMORANDUM OF LAW IN SUPPORT OF MOTION by Boston Scientific Corporation to Exclude the Opinions and Testimony of Scott Guelcher, Ph.D. (Attachments: #1 Exhibit(s) A-F)(Adams, Robert) [Transferred from West Virginia Southern on 1/11/2019.]
January 16, 2015 Filing 41 MOTION AND MEMORANDUM IN SUPPORT by Boston Scientific Corporation for Partial Summary Judgment on Punitive Damages Claim. (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C, #4 Exhibit(s) Exhibit D, #5 Exhibit(s) Exhibit E, #6 Exhibit(s) Exhibit F, #7 Exhibit(s) Exhibit G, #8 Exhibit(s) Exhibit H, #9 Exhibit(s) Exhibit I, #10 Exhibit(s) Exhibit J, #11 Exhibit(s) Exhibit K, #12 Exhibit(s) Exhibit L, #13 Exhibit(s) Exhibit M, #14 Exhibit(s) Exhibit N, #15 Exhibit(s) Exhibit O, #16 Exhibit(s) Exhibit P, #17 Exhibit(s) Exhibit Q, #18 Exhibit(s) Exhibit R, #19 Exhibit(s) Exhibit S)(Turner, Sara) [Transferred from West Virginia Southern on 1/11/2019.]
January 16, 2015 Filing 40 MOTION AND MEMORANDUM IN SUPPORT by Boston Scientific Corporation for Summary Judgment Against Plaintiff Jane Heatherly. (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C, #4 Exhibit(s) Exhibit D, #5 Exhibit(s) Exhibit E)(Turner, Sara) [Transferred from West Virginia Southern on 1/11/2019.]
January 16, 2015 Filing 39 MOTION AND MEMORANDUM IN SUPPORT by Boston Scientific Corporation to Exclude the Opinions and Testimony of Peggy Pence, Ph.D. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E-K)(Adams, Robert) [Transferred from West Virginia Southern on 1/11/2019.]
January 16, 2015 Filing 38 MOTION by Boston Scientific Corporation To Exclude the Testimony of Richard Bercik, M.D. and Memorandum in Support. (Attachments: #1 Exhibit(s) A-J, #2 Exhibit(s) K-P)(Anielak, Eric) [Transferred from West Virginia Southern on 1/11/2019.]
January 16, 2015 Filing 37 MOTION WITH MEMO IN SUPPORT by Boston Scientific Corporation to Exclude the Opinions and Testimony of Russell Dunn, Ph.D. (Attachments: #1 Exhibit(s) A-H, #2 Exhibit(s) I-O)(Strongman, Jon) [Transferred from West Virginia Southern on 1/11/2019.]
January 16, 2015 Filing 36 COMBINED MOTION AND MEMORANDUM OF LAW by Jane M. Heatherly to Exclude the Opinions and Testimony of Gary L. Winn, Ph.D. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F)(Blackwell, Jeffrey) [Transferred from West Virginia Southern on 1/11/2019.]
January 16, 2015 Filing 35 MOTION by Boston Scientific Corporation to Limit the Opinions and Testimony of Bobby L. Shull, M.D. and Memorandum in Support. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D)(Bodamer, A.) [Transferred from West Virginia Southern on 1/11/2019.]
January 16, 2015 Filing 34 MOTION AND MEMORANDUM OF LAW by Jane M. Heatherly to Exclude or Limit the Testimony of Defendant Boston Scientific Corporation's Expert Christine Brauer, Ph.D. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9)(Blackwell, Jeffrey) [Transferred from West Virginia Southern on 1/11/2019.]
January 16, 2015 Filing 33 MOTION AND MEMORANDUM IN SUPPORT by Boston Scientific Corporation to Exclude Opinions and Testimony of Jimmy W. Mays, Ph.D. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B-1, #3 Exhibit(s) B-2)(Soden, Steven) [Transferred from West Virginia Southern on 1/11/2019.]
January 16, 2015 Filing 32 MOTION AND MEMORANDUM IN SUPPORT by Jane M. Heatherly to Exclude Certain Opinions and Testimony of Dr. Patrick Culligan. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Blackwell, Jeffrey) [Transferred from West Virginia Southern on 1/11/2019.]
January 16, 2015 Filing 31 COMBINED MOTION AND MEMORANDUM OF LAW by Jane M. Heatherly to Exclude Opinions and Testimony of Roger Goldberg, M.D. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D)(Blackwell, Jeffrey) [Transferred from West Virginia Southern on 1/11/2019.]
January 15, 2015 Filing 30 MOTION by Boston Scientific Corporation to Exclude the Opinions and Testimony of Thomas H. Barker, Ph.D. and its Memorandum of Law in Support (Attachments: #1 Exhibit(s) A-G)(Soden, Steven) [Transferred from West Virginia Southern on 1/11/2019.]
January 15, 2015 Filing 29 MOTION by Boston Scientific Corporation to Exclude the Opinions and Testimony of Niall Galloway, M.D. and Its Memorandum in Support. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4(a), #5 Exhibit(s) 4(b), #6 Exhibit(s) 5, #7 Exhibit(s) 6, #8 Exhibit(s) 7, #9 Exhibit(s) 8-13)(Strongman, Jon) [Transferred from West Virginia Southern on 1/11/2019.]
January 14, 2015 Filing 28 MEMORANDUM by Boston Scientific Corporation in support of #27 MOTION by Boston Scientific Corporation to Exclude the Testimony of Michael Thomas Margolis, M.D. (Weiler, Eva Marie) [Transferred from West Virginia Southern on 1/11/2019.]
January 14, 2015 Filing 27 MOTION by Boston Scientific Corporation to Exclude the Testimony of Michael Thomas Margolis, M.D. (Attachments: #1 Exhibit(s) Exhibits A, B, C, #2 Exhibit(s) Exhibits D, E, F, G)(Weiler, Eva Marie) [Transferred from West Virginia Southern on 1/11/2019.]
January 13, 2015 Filing 26 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by A. Bradley Bodamer on behalf of Boston Scientific Corporation. (Bodamer, A.) [Transferred from West Virginia Southern on 1/11/2019.]
January 12, 2015 Filing 25 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Eva Marie Mannoia Weiler on behalf of Boston Scientific Corporation. (Weiler, Eva Marie) [Transferred from West Virginia Southern on 1/11/2019.]
January 10, 2015 Filing 24 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Steven D. Soden on behalf of Boston Scientific Corporation. (Soden, Steven) [Transferred from West Virginia Southern on 1/11/2019.]
January 7, 2015 Filing 23 NOTICE OF VIDEOTAPED DEPOSITION DUCES TECUM by Boston Scientific Corporation of Robert Varner, M.D. on January 22, 2015 at 2:00 p.m. (Strongman, Jon) [Transferred from West Virginia Southern on 1/11/2019.]
January 5, 2015 Filing 22 CERTIFICATE OF SERVICE filed by Jane M. Heatherly for Answers to Defendant Boston Scientific's First Set of Interrogatories and Responses to Defendant Boston Scientific's First Request for Production of Documents (Blackwell, Jeffrey) [Transferred from West Virginia Southern on 1/11/2019.]
January 5, 2015 Filing 21 NOTICE OF VIDEOTAPED DEPOSITION DUCES TECUM by Boston Scientific Corporation of James Makemson, M.D. on January 16, 2015 at 2:00 p.m. (Strongman, Jon) [Transferred from West Virginia Southern on 1/11/2019.]
December 24, 2014 Filing 20 NOTICE OF VIDEOTAPED DEPOSITION DUCES TECUM by Boston Scientific Corporation of James Nix, M.D. on January 14, 2015 at 2:00 p.m. (Strongman, Jon) [Transferred from West Virginia Southern on 1/11/2019.]
December 18, 2014 Filing 19 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Sara Marie Turner on behalf of Boston Scientific Corporation. (Turner, Sara) [Transferred from West Virginia Southern on 1/11/2019.]
December 12, 2014 Filing 18 CERTIFICATE OF SERVICE filed by Jane M. Heatherly for Response to Notice of Videotaped Deposition Duces Tecum of Dr. Niall Galloway (Blackwell, Jeffrey) [Transferred from West Virginia Southern on 1/11/2019.]
December 10, 2014 Filing 17 CERTIFICATE OF SERVICE filed by Boston Scientific Corporation for Responses to Plaintiff's Request for Admissions, First Set of Requests for Production of Documents and First Set of Interrogatories (Strongman, Jon) [Transferred from West Virginia Southern on 1/11/2019.]
December 4, 2014 Filing 16 CERTIFICATE OF SERVICE filed by Boston Scientific Corporation for First Interrogatories and First Request for Production of Documents to Plaintiff (Strongman, Jon) [Transferred from West Virginia Southern on 1/11/2019.]
December 2, 2014 Filing 15 NOTICE OF VIDEOTAPED DEPOSITION DUCES TECUM by Boston Scientific Corporation of Dr. Niall Galloway on December 19, 2014 at 9:00 a.m. (Strongman, Jon) [Transferred from West Virginia Southern on 1/11/2019.]
November 21, 2014 Opinion or Order Filing 14 PRETRIAL ORDER #116 (Second Amended Docket Control Order on Wave 1 and Wave 2 Discovery) Amending Pretrial Order #108 (First Amended Docket Control Order on Wave 1 and Wave 2 Discovery) entered 7/31/2014 with respect to sections/paragraphs F, 23, 24, and 28; the remaining provisions of the PTO remain unchanged and in force and effect; each side selected 50 Wave 1 cases on 1/21/2014; each side will select 50 Wave 2 cases by 5/21/2014; Plaintiff Fact Sheets and executed authorizations for Wave 1 cases were due 2/17/2014; Plaintiff Fact Sheets and executed authorizations for Wave 2 cases were due 6/19/2014; Defendant Fact Sheets for Wave 1 cases were due 3/21/2014; BSC's Defendant Fact Sheets for Wave 2 cases were due 7/14/2014; discovery outlined in PTO #65 due 8/4/2014 for Wave 1 cases and 10/3/2014 for Wave 2 cases; depositions of explanting physicians due in Wave 1 and 2 cases due 10/3/2014; additional discovery outside of PTO #65 due 1/5/2015; plaintiffs' expert disclosures and reports due 10/29/2014; plaintiffs to provide two dates between 11/13/2014 and 12/17/2014 upon which expert witnesses may be deposed; BSC's expert disclosures and reports due 11/10/2014; BSC to provide two dates between 12/7/2014 and 1/12/2015 upon which expert witnesses may be deposed; disclosures and reports for expert witnesses due 12/22/2014; discovery to be completed by 1/12/2015; non Daubert based dispositive and partially dispositive motions due 1/16/2015, opposition due 1/30/2015, replies due 2/06/2015; Daubert motions due 1/16/2015, opposition due 1/30/2015, replies due 2/06/2015; the Court will no longer permit the past practice of parties filing placeholder exhibits in support of Daubert, dispositive and other motions, responses and replies in the place of confidential documents that may be sealed and then, within five days, redacting/dedesignating the documents or filing a motion to seal; parties may no longer file placeholder exhibits and the Court expects leadership counsel for plaintiffs and Boston Scientific to resolve issues related to confidential designations well before the filing of the above motions; filings containing placeholder exhibits will be struck; issues related to sealing of confidential documents that parties are unable to resolve must be brought to the courts attention as follows: a consolidated motion to seal is due by 1/20/2015, response due by 1/27/2015, and reply due by 1/30/2015; parties to confer and submit venue recommendations by 7/25/2014; a case to be tried in USDC/WVS to be deemed trial-ready when discovery is completed and the Court rules on the parties pretrial motions; trial date for cases transferred or remanded to other federal district courts to be set by the judge to whom the transferred or remanded case is assigned; the Clerk will file a copy of this order in 2:12-md-2326 and in the cases that have been designated by the parties as Wave 1 and Wave 2 cases. Signed by Judge Joseph R. Goodwin on 11/21/2014. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: MDL 2326; Wave 1 Cases; Wave 2 Cases) (ts) [Transferred from West Virginia Southern on 1/11/2019.]
November 10, 2014 Filing 13 CERTIFICATE OF SERVICE filed by Boston Scientific Corporation for Rule 26 Designation and Disclosure of Expert Witnesses (Keenan, Matthew) [Transferred from West Virginia Southern on 1/11/2019.]
November 10, 2014 Filing 12 NOTICE OF VIDEOTAPED DEPOSITION DEPOSITION DUCES TECUM by Boston Scientific Corporation of Dr. Richard Bercik on November 25, 2014 at 9:00 a.m. eastern time. (Strongman, Jon) [Transferred from West Virginia Southern on 1/11/2019.]
November 5, 2014 Filing 11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Matthew D. Keenan on behalf of Boston Scientific Corporation. (Keenan, Matthew) [Transferred from West Virginia Southern on 1/11/2019.]
September 11, 2014 Filing 10 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Lindsey M. Saad on behalf of Boston Scientific Corporation. (Saad, Lindsey) [Transferred from West Virginia Southern on 1/11/2019.]
July 31, 2014 Opinion or Order Filing 9 PRETRIAL ORDER # 108 (First Amended Docket Control Order on Wave 1 and Wave 2 Discovery) Amending 794 Pretrial Order # 100 (Docket Control Order on Wave 1 and Wave 2 Discovery) entered 5/27/2014 with respect to sections/paragraphs F, 23, 24, 25, 26, 27, 28 and 31; the remaining provisions of the PTO remain unchanged and in force and effect; each side selected 50 Wave 1 cases on 1/21/2014; each side will select 50 Wave 2 cases by 5/21/2014; Plaintiff Fact Sheets and executed authorizations for Wave 1 cases were due 2/17/2014; Plaintiff Fact Sheets and executed authorizations for Wave 2 cases were due 6/19/2014; Defendant Fact Sheets for Wave 1 cases were due 3/21/2014; BSC's Defendant Fact Sheets for Wave 2 cases were due 7/14/2014; discovery outlined in PTO # 65 due 8/4/2014 for Wave 1 cases and 10/3/2014 for Wave 2 cases; depositions of explanting physicians due in Wave 1 and 2 cases due 10/3/2014; additional discovery outside of PTO # 65 due 1/5/2015; plaintiffs' expert disclosures and reports due 10/29/2014; plaintiffs to provide two dates between 11/13/2014 and 12/17/2014 upon which expert witnesses may be deposed; BSC's expert disclosures and reports due 11/10/2014; BSC to provide two dates between 12/7/2014 and 1/12/2015 upon which expert witnesses may be deposed; disclosures and reports for expert witnesses due 12/22/2014; discovery to be completed by 1/12/2015; non Daubert based dispositive and partially dispositive motions due 1/9/2015, opposition due 1/23/2015, replies due 1/30/2015; the Court will no longer permit the past practice of parties filing placeholder exhibits in support of Daubert, dispositive and other motions, responses and replies in the place of confidential documents that may be sealed and then, within five days, redacting/dedesignating the documents or filing a motion to seal; parties may no longer file placeholder exhibits and the Court expects leadership counsel for plaintiffs and Boston Scientific to resolve issues related to confidential designations well before the filing of the above motions; filings containing placeholder exhibits will be struck; issues related to sealing of confidential documents that parties are unable to resolve must be brought to the courts attention as follows: a consolidated motion to seal is due by 11/24/2014, response due by 12/2/2014, and reply due by 12/5/2014; parties to confer and submit venue recommendations by 7/25/2014; a case to be tried in USDC/WVS to be deemed trial-ready by 1/30/2015; trial date for cases transferred or remanded to other federal district courts to be set by the judge to whom the transferred or remanded case is assigned; the Clerk will file a copy of this order in 2:12-md-2326 and in the cases that have been designated by the parties as Wave 1 and Wave 2 cases. Signed by Judge Joseph R. Goodwin on 7/31/2014. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: MDL 2326; Wave 1 Cases; Wave 2 Cases) (ts) [Transferred from West Virginia Southern on 1/11/2019.]
May 27, 2014 Opinion or Order Filing 8 PRETRIAL ORDER # 100 (Docket Control Order on Wave 1 and Wave 2 Discovery) Directing that the Plaintiffs and Boston Scientific Corporation (BSC) commence discovery on 200 cases; setting forth more fully herein the criteria, deadlines, and other requirements that will govern the selection and discovery of Wave 1 and Wave 2 cases, including: each side selected 50 Wave 1 cases on 1/21/2014; each side will select 50 Wave 2 cases by 5/21/2014; Plaintiff Fact Sheets and executed authorizations for Wave 1 cases were due 2/17/2014; Plaintiff Fact Sheets and executed authorizations for Wave 2 cases due 6/19/2014; Defendant Fact Sheets for Wave 1 cases were due 3/21/2014; BSC's Defendant Fact Sheets for Wave 2 cases due 7/14/2014; discovery outlined in PTO # 65 due 8/4/2014 for Wave 1 cases and 10/3/2014 for Wave 2 cases; depositions of explanting physicians due in Wave 1 and 2 cases due 10/3/2014; additional discovery outside of PTO # 65 due 1/5/2015; plaintiffs' expert disclosures and reports due 10/29/2014; plaintiffs to provide two dates between 1/13/2014 and 12/17/2014 upon which expert witnesses may be deposed; BSC's expert disclosures and reports due 11/10/2014; BSC to provide two dates between 12/7/2014 and 1/12/2015 upon which expert witnesses may be deposed; disclosures and reports for expert witnesses due 12/22/2014; discovery to be completed by 1/12/2015; dispositive motions due 1/9/2015, opposition due 1/23/2015, replies due 1/30/2015; parties to confer and submit venue recommendations by 7/25/2014; a case to be tried in USDC/WVS to be deemed trial-ready by 1/30/2015; trial date for cases transferred or remanded to other federal district courts to be set by the judge to whom the transferred or remanded case is assigned; the Clerk will file a copy of this order in 2:12-md-2326 and in the cases that have been designated by the parties as Wave 1 and Wave 2 cases. Signed by Judge Joseph R. Goodwin on 5/27/2014. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: MDL 2326; Wave 1 Cases; Wave 2 Cases) (ts) [Transferred from West Virginia Southern on 1/11/2019.]
April 16, 2014 Filing 7 NOTICE OF VIDEOTAPED DEPOSITION DUCES TECUM by Boston Scientific Corporation of Jim Speed, M.D. on May 27, 2014 at 4:30 p.m. (Strongman, Jon) [Transferred from West Virginia Southern on 1/11/2019.]
March 28, 2014 Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jon A. Strongman on behalf of Boston Scientific Corporation. (Strongman, Jon) [Transferred from West Virginia Southern on 1/11/2019.]
March 26, 2014 Filing 5 NOTICE OF VIDEOTAPED DEPOSITION DUCES TECUM by Boston Scientific Corporation of Jane Heatherly on May 5, 2014 at 10:00 a.m. (Strongman, Jon) [Transferred from West Virginia Southern on 1/11/2019.]
February 8, 2014 NOTICE OF DOCKET CORRECTION re: #4 Notice of Change of Attorney Information by Keith Jeffrey Puya. ERROR: Document filed in incorrect civil action. CORRECTION: Image removed and re-filed in Civil Action 2:13-14850, Dixie Bartlett et al v. Boston Scientific Miami Corporation et al. (skh) [Transferred from West Virginia Southern on 1/11/2019.]
February 7, 2014 Filing 4 INCORRECT ENTRY; IMAGE REMOVED. (Modified on 2/8/2014 to remove image as it was filed in the incorrect civil action) (skh). [Transferred from West Virginia Southern on 1/11/2019.]
February 11, 2013 Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Bonasso on behalf of Boston Scientific Corporation. (Bonasso, Michael) [Transferred from West Virginia Southern on 1/11/2019.]
January 17, 2013 Filing 2 TRANSMITTED PRETRIAL ORDER # 31 (Order Severing Actions Pursuant to PTO # 26) entered on 01/16/2013 in MDL 2326 to attorneys in member case. (jap) [Transferred from West Virginia Southern on 1/11/2019.]
January 14, 2013 Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2173208. (Attachment: #1 Civil Cover Sheet) (jws) [Transferred from West Virginia Southern on 1/11/2019.]

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Defendant: Boston Scientific Corporation
Represented By: Eric M. Anielak
Represented By: Sara M Turner
Represented By: A. Bradley Bodamer
Represented By: Michael A. Tanenbaum
Represented By: Michael Bonasso
Represented By: Eva Marie Mannoia Weiler
Represented By: Robert T. Adams
Represented By: Matthew D. Keenan
Represented By: Lindsey M. Saad
Represented By: Jon Andrew Strongman
Represented By: Steven D. Soden
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Plaintiff: Jane M. Heatherly
Represented By: Jeffrey G Blackwell
Represented By: C Anthony Graffeo
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