Hix et al v. Boston Scientific Corporation
Byron HIx and Jamie Hix |
Boston Scientific Corporation |
2:2019cv00422 |
January 29, 2019 |
U.S. District Court for the District of Arizona |
Deborah M Fine |
Diane J Humetewa |
Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
28 U.S.C. § 1441 |
Defendant |
Docket Report
This docket was last retrieved on March 16, 2021. A more recent docket listing may be available from PACER.
Document Text |
---|
Filing 101 NOTICE TO FILER OF DEFICIENCY re: #100 Response to Motion for Summary Judgment. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document signed by attorney Sheila M. Bossier but submitted using the log-in and password belonging to attorney Larissa A. Davis. Please correct future pleadings. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD) |
Filing 100 RESPONSE to Motion re: #72 MOTION for Summary Judgment filed by Byron Hix, Jamie Hix. (Attachments: #1 Exhibit Table of Contents with Exhibits A-C, #2 Exhibit Ex. D, #3 Exhibit Ex. E, #4 Exhibit Ex. F, #5 Exhibit Ex. G, #6 Exhibit Ex. H, #7 Exhibit Ex. I, #8 Exhibit Ex. J, #9 Exhibit Ex. K, #10 Exhibit Ex. L)(Davis, Larissa) |
![]() |
Filing 98 STIPULATION AND JOINT MOTION TO DISMISS FOURTH CAUSE OF ACTION WITH PREJUDICE by Boston Scientific Corporation. (Attachments: #1 Text of Proposed Order)(Stine, Lauren) |
Filing 97 REPLY to Response to Motion re: #74 MOTION to Exclude Plaintiffs' Experts Lora White and J. Matthew Sims and to Strike or Exclude the Undisclosed Opinions They Relief Upon filed by Boston Scientific Corporation. (Stine, Lauren) |
Filing 96 REPLY to Response to Motion re: #76 MOTION to Exclude or Limit Testimony of Plaintiffs' Expert Jimmy Mays, Ph.D. filed by Boston Scientific Corporation. (Stine, Lauren) |
Filing 95 REPLY to Response to Motion re: #73 MOTION to Exclude Opinions and Testimony of Plaintiffs' Expert Peggy Pency, Ph.D. filed by Boston Scientific Corporation. (Stine, Lauren) |
Filing 94 REPLY to Response to Motion re: #75 MOTION to Exclude or Limit Testimony of Plaintiffs' Expert Michael Thomas Margolis, M.D. filed by Boston Scientific Corporation. (Stine, Lauren) |
![]() |
Filing 92 RESPONSE in Opposition re: #74 MOTION to Exclude Plaintiffs' Experts Lora White and J. Matthew Sims and to Strike or Exclude the Undisclosed Opinions They Relief Upon filed by Byron Hix, Jamie Hix. (Attachments: #1 Exhibit Table of Contents with Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Davis, Larissa) |
Filing 91 RESPONSE in Opposition re: #76 MOTION to Exclude or Limit Testimony of Plaintiffs' Expert Jimmy Mays, Ph.D. filed by Byron Hix, Jamie Hix. (Attachments: #1 Exhibit Table of Contents with Exhibits A-F)(Davis, Larissa) |
Filing 90 RESPONSE in Opposition re: #71 MOTION Omnibus Daubert Motion to Exclude Expert Opinions & Testimony filed by Boston Scientific Corporation. (Attachments: #1 Exhibit A-J)(Stine, Lauren) |
Filing 89 RESPONSE in Opposition re: #75 MOTION to Exclude or Limit Testimony of Plaintiffs' Expert Michael Thomas Margolis, M.D. filed by Byron Hix, Jamie Hix. (Attachments: #1 Exhibit Table of Contents with Exhibits A-F)(Davis, Larissa) |
Filing 88 RESPONSE in Opposition re: #73 MOTION to Exclude Opinions and Testimony of Plaintiffs' Expert Peggy Pency, Ph.D. filed by Byron Hix, Jamie Hix. (Attachments: #1 Exhibit Table of Contents with Exhibits 1-2)(Davis, Larissa) |
Filing 87 RESPONSE to Motion re: #68 MOTION Exclude Opinions & Testimony of Defendant's Expert James Rice, MD filed by Boston Scientific Corporation. (Attachments: #1 Exhibit A-G)(Stine, Lauren) |
Filing 86 Joint MOTION for Clarification Regarding Dispositive and Daubert Motion Deadlines by Boston Scientific Corporation. (Stine, Lauren) |
![]() |
Filing 84 AMENDED MOTION for Partial Summary Judgment by Byron Hix, Jamie Hix. (Attachments: #1 Exhibit Table of Contents with Exhibits 1-5, #2 Exhibits 6-7, #3 Exhibits 8-10)(Bossier, Sheila) *Modified on 2/23/2021 to correct motion type (KAH). |
Filing 83 MOTION for Leave to Exceed Page Limit in Response to Plaintiffs' Omnibus Daubert Motion by Boston Scientific Corporation. (Attachments: #1 Text of Proposed Order)(Stine, Lauren) |
Filing 82 NOTICE re: Filing of Exhibit 8 to #72 Motion for Summary Judgment by Boston Scientific Corporation . (Attachments: #1 Exhibit 8)(Stine, Lauren) *Modified on 2/22/2021 to add document linkage (KAH). |
Filing 81 REPORT of Settlement Talks/Discussions by Byron Hix, Jamie Hix. (Bossier, Sheila) |
Filing 80 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by C Lincoln Combs. (Combs, C) |
![]() |
Filing 78 STRICKEN by Doc. #79 AMENDED MOTION for Summary Judgment by Byron Hix, Jamie Hix. (Attachments: #1 Exhibit Table of Contents with Exhibits 1-5, #2 Exhibit Exhibits 6-7, #3 Exhibit Exhibits 8-10)(Davis, Larissa) Modified on 2/18/2021 (LFIG). |
Filing 77 MOTION to Exceed Page Limit by Byron Hix, Jamie Hix. (Davis, Larissa) |
Filing 76 MOTION to Exclude or Limit Testimony of Plaintiffs' Expert Jimmy Mays, Ph.D. by Boston Scientific Corporation. (Attachments: #1 Exhibit 1-7, #2 Exhibit 8-1, #3 Exhibit 8-2, #4 Exhibit 8-3, #5 Exhibit 9-14)(Stine, Lauren) |
Filing 75 MOTION to Exclude or Limit Testimony of Plaintiffs' Expert Michael Thomas Margolis, M.D. by Boston Scientific Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2 and 3, #3 Exhibit 4-15, #4 Exhibit 16-17)(Stine, Lauren) |
Filing 74 MOTION to Exclude Plaintiffs' Experts Lora White and J. Matthew Sims and to Strike or Exclude the Undisclosed Opinions They Relief Upon by Boston Scientific Corporation. (Attachments: #1 Exhibit 1-15)(Stine, Lauren) |
Filing 73 MOTION to Exclude Opinions and Testimony of Plaintiffs' Expert Peggy Pency, Ph.D. by Boston Scientific Corporation. (Attachments: #1 Exhibit 1-12)(Stine, Lauren) |
Filing 72 MOTION for Summary Judgment by Boston Scientific Corporation. (Attachments: #1 Exhibit 1-5, #2 Exhibit 6-8)(Stine, Lauren) |
Filing 71 MOTION Omnibus Daubert Motion to Exclude Expert Opinions & Testimony by Byron Hix, Jamie Hix. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Bossier, Sheila) |
Filing 70 STATEMENT OF FACTS re: #69 MOTION for Summary Judgment by Plaintiffs Byron Hix, Jamie Hix. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Bossier, Sheila) |
Filing 69 MOTION for Summary Judgment by Byron Hix, Jamie Hix. (Bossier, Sheila) |
Filing 68 MOTION Exclude Opinions & Testimony of Defendant's Expert James Rice, MD by Byron Hix, Jamie Hix. (Attachments: #1 Exhibit Expert Reports)(Bossier, Sheila) |
Filing 67 NOTICE OF ATTORNEY SUBSTITUTION: Lauren Elliott Stine and Amy Levine Heiserman appearing for Boston Scientific Corporation. Attorney Sheila K Carmody and Rachael Marie Peters Pugel terminated. . (Stine, Lauren) |
Filing 66 NOTICE of Appearance by Lauren Elliott Stine on behalf of Boston Scientific Corporation. (Stine, Lauren) |
![]() |
Filing 64 STIPULATION Stipulated Request for an Extension in the Dispositive Motion Deadline by Boston Scientific Corporation. (Attachments: #1 Text of Proposed Order)(Pugel, Rachael) |
Remark: Pro hac vice motion(s) granted for Traci T McKee on behalf of Defendant Boston Scientific Corporation. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
Filing 63 NOTICE of Service of Discovery filed by Byron Hix, Jamie Hix. (Bossier, Sheila) |
![]() |
Filing 61 MOTION for Extension of Time Extend Expert Deadlines by Byron Hix, Jamie Hix. (Attachments: #1 Text of Proposed Order Proposed Order)(Davis, Larissa) |
Remark: Pro hac vice motion(s) granted for Wendy Jo Wildung on behalf of Defendant Boston Scientific Corporation. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
![]() |
Filing 59 STIPULATION Request for Extension of Expert Witness Deadlines in Schedling Order by Byron Hix, Jamie Hix. (Attachments: #1 Text of Proposed Order Proposed Order)(Bossier, Sheila) |
Filing 58 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Plaintiffs Byron Hix, Jamie Hix. (Bossier, Sheila) |
Filing 57 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) (Final) filed by Defendant Boston Scientific Corporation. (Baker, Scholastica) |
Remark: Pro hac vice motion(s) granted for Daniel Joseph Connolly on behalf of Defendant Boston Scientific Corporation. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
Filing 56 NOTICE of Deposition of Joe Ososkie, filed by Byron Hix, Jamie Hix. (Bossier, Sheila) |
![]() |
Filing 54 STIPULATION re: #44 Order on Stipulation, Set/Reset Deadlines/Hearings Stipulated Request for Extension of Remaining Deadlines in Scheduling Order by Byron Hix, Jamie Hix. (Attachments: #1 Text of Proposed Order)(Davis, Larissa) |
![]() |
Filing 52 Joint MOTION for Protective Order Regarding Confidential Information by Boston Scientific Corporation. (Attachments: #1 Text of Proposed Order Stipulated Protective Order Regarding Confidential Information)(Baker, Scholastica) |
Filing 51 NOTICE re: Service of Plaintiffs' Objections to Defendant's Notices of Deposition of Jamie Hix and Byron Hix by Byron Hix, Jamie Hix re: #50 Notice of Service of Discovery, #49 Notice of Service of Discovery . (Davis, Larissa) |
Filing 50 NOTICE of Service of Discovery filed by Boston Scientific Corporation. (Pugel, Rachael) |
Filing 49 NOTICE of Service of Discovery filed by Boston Scientific Corporation. (Pugel, Rachael) |
Filing 48 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Rachael Marie Peters Pugel. (Pugel, Rachael) |
Filing 47 NOTICE TO FILER OF DEFICIENCY re: #46 Notice of Deposition filed by Jamie Hix, Byron Hix. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney Sheila Bossier but submitted using the log-in and password belonging to attorney Larissa Davis. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ) |
Filing 46 NOTICE of Deposition of Daniel Jaffee, MD, filed by Byron Hix, Jamie Hix. (Davis, Larissa) |
Filing 45 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Defendant Boston Scientific Corporation. (Pugel, Rachael) |
![]() |
Filing 43 STIPULATION re: #30 Scheduling Order, Terminate Hearings Stipulated Request for Extension of Remaining Deadlines in Scheduling Order by Boston Scientific Corporation. (Attachments: #1 Text of Proposed Order)(Pugel, Rachael) |
Filing 42 NOTICE of Service of Discovery filed by Byron Hix, Jamie Hix. (Davis, Larissa) |
Filing 41 Defendant Boston Scientific Corporation's ANSWER to #38 Amended Complaint with Jury Demand by Boston Scientific Corporation.(Pugel, Rachael) |
Filing 40 *NOTICE of Service of Discovery by Jamie Hix re: #35 Notice of Service of Discovery, #36 Notice of Service of Discovery . (Davis, Larissa) *Modified to reflect correct event and to correct filer; attorney noticed on 12/9/2019 (SST). |
Filing 39 NOTICE TO FILER OF DEFICIENCY re: #38 Amended Complaint filed by Jamie Hix, Byron Hix. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. Please do not refile. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SST) |
Filing 38 *AMENDED COMPLAINT Second Amended Complaint against All Defendants filed by Jamie Hix, Byron Hix.(Combs, C) *Modified to reflect Local Rule violation on 11/22/2019 (SST). |
![]() |
Filing 36 NOTICE of Service of Discovery filed by Boston Scientific Corporation. (Baker, Scholastica) |
Filing 35 NOTICE of Service of Discovery filed by Boston Scientific Corporation. (Baker, Scholastica) |
![]() |
Remark: Pro hac vice motion(s) granted for Scholastica NS Baker on behalf of Defendant Boston Scientific Corporation. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
Filing 33 *MOTION to Substitute Attorney for Defendant Boston Scientific Corporation by Defendant Boston Scientific Corporation. (Attachments: #1 Text of Proposed Order)(Pugel, Rachael) *Modified on 10/17/2019 to correct event type (MSA). |
![]() |
Filing 31 STIPULATION re: #30 Scheduling Order, Terminate Hearings Request for Extension of Deadline to Join Parties, Amend Pleadings, and File Supplmental Pleadings by Boston Scientific Corporation. (Attachments: #1 Text of Proposed Order)(Pugel, Rachael) |
Remark: Pro hac vice motion(s) granted for Deborah A Ellingboe on behalf of Defendant Boston Scientific Corporation. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
![]() |
Filing 29 NOTICE TO FILER OF DEFICIENCY re: #28 Rule 26(f) Report re MIDP filed by Jamie Hix, Byron Hix. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document signed by attorney Sheila Bossier but submitted using the log-in and password belonging to attorney C Combs. No further action is required. Please do not refile. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SST) |
Filing 28 *Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) filed by Plaintiffs Byron Hix, Jamie Hix. (Combs, C) *Modified to reflect Local Rule violation on 8/9/2019 (SST). |
Remark: Pro hac vice motion granted for Christopher J Kaufman on behalf of defendant. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
![]() |
Filing 26 WITHDRAWAL OF DOCUMENT re: #25 Notice of Appearance/Association of Counsel by Defendant Boston Scientific Corporation. (Pugel, Rachael) |
Filing 25 *Withdrawn by #26 *NOTICE of Appearance by Rachael Marie Peters Pugel on behalf of Boston Scientific Corporation. (Pugel, Rachael) Modified on 5/29/2019 (REK). |
Filing 24 NOTICE TO FILER OF DEFICIENCY re: #23 Reply to Response to Motion filed by Boston Scientific Corporation. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMV) |
Filing 23 *REPLY to Response to Motion re: #19 MOTION to Dismiss for Failure to State a Claim Motion to Dismiss Amended Complaint [Doc. No. 16] filed by Boston Scientific Corporation. (Pugel, Rachael) *Document not in compliance with LRCiv 7.1(a)(3). Attorney noticed on 4/10/2019 (RMV). |
Filing 22 RESPONSE in Opposition re: #19 MOTION to Dismiss for Failure to State a Claim Motion to Dismiss Amended Complaint [Doc. No. 16] filed by Byron Hix, Jamie Hix. (Attachments: #1 Exhibit "A", #2 Exhibit "B")(Bossier, Sheila) |
Filing 21 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiffs Byron Hix, Jamie Hix. (Bossier, Sheila) |
![]() |
Filing 19 MOTION to Dismiss for Failure to State a Claim Motion to Dismiss Amended Complaint [Doc. No. 16] by Boston Scientific Corporation. (Pugel, Rachael) |
Filing 18 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant Boston Scientific Corporation. (Pugel, Rachael) |
Filing 17 NOTICE TO FILER OF DEFICIENCY re: #16 Amended Complaint filed by Jamie Hix, Byron Hix. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMV) |
Filing 16 *AMENDED COMPLAINT against Boston Scientific Corporation filed by Jamie Hix, Byron Hix.(Combs, C) *Modified to clarify text on 3/6/2019. Document not in compliance with LRCiv 7.1(a)(3). Attorney noticed on 3/6/2019 (RMV). |
![]() |
Filing 14 STIPULATION re: #13 Order re Rule 12(b) Motions, Terminate Hearings Stipulation and Joint Motion to Withdraw Motion to Dismiss and File Amended Answer by Boston Scientific Corporation. (Attachments: #1 Text of Proposed Order)(Pugel, Rachael) |
![]() |
Filing 12 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Diane J. Humetewa. All further pleadings/papers should now list the following COMPLETE case number: CV-19-422-PHX-DJH. IT IS FURTHER ORDERED that the Scheduling Conference set before Judge Deborah M. Fine on 4/9/19 at 9:30 AM is now RESET before Judge Diane J. Humetewa, unless otherwise ordered by the Court. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
Filing 11 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
Filing 8 DEFENDANT'S DEMAND for Jury Trial by Boston Scientific Corporation. (Pugel, Rachael) |
Filing 10 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
![]() |
Remark: Pro hac vice motions granted for Larissa Davis and Sheila Bossier on behalf of plaintiff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
Filing 5 WITHDRAWN by Doc. #15 MOTION to Dismiss for Failure to State a Claim by Boston Scientific Corporation. (Attachments: #1 Exhibit A)(Pugel, Rachael) Modified on 2/21/2019 (LFIG). |
Filing 4 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (BAR) |
Filing 3 Filing fee paid, receipt number 0970-16466131. This case has been assigned to the Honorable Deborah M Fine. All future pleadings or documents should bear the correct case number: CV 19-00422-PHX-DMF. Magistrate Election form attached. PLEASE NOTE: Plaintiff(s) and defendants that have already appeared in this case are required to file the attached Magistrate Election form within FOURTEEN (14) days of this filing. Please read attached instructions. (BAR) |
Filing 2 Corporate Disclosure Statement by Boston Scientific Corporation. (Pugel, Rachael) (BAR) |
Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2018-014438. Filing fee received: $ 400.00, receipt number 0970-16466131 filed by Boston Scientific Corporation. (Pugel, Rachael) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit)(BAR) |
***STATE COURT DOCUMENTS RECEIVED***SERVICE EXECUTED : Certificate of Service re: Summons, Complaint, Certificate upon Boston Scientific Company on 1/10/2019. (Original filed in Maricopa County Superior Court on 1/11/2019) (BAR) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Arizona District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.