Hix et al v. Boston Scientific Corporation
| Byron HIx and Jamie Hix |
| Boston Scientific Corporation |
| 2:2019cv00422 |
| January 29, 2019 |
| US 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
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| 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 99
ORDER approving the parties' #98 Stipulation and Joint Motion to Dismiss Fourth Cause of Action with Prejudice and dismissing Count Four of the Second Amended ComplaintExpress Warranty, with prejudice, each party to bear its own attorneys' fees and costs. Signed by Judge Diane J Humetewa on 3/11/21. (CLB)
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| 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) |
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Filing 93
ORDER granting the #86 Joint Motion for Clarification as set forth in this Order. Signed by Judge Diane J Humetewa on 3/1/2021. (See Order for details.) (LFIG)
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| 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) |
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Filing 85
ORDER: Before the Court is Defendant Boston Scientific Corporation's ("Boston Scientific") Motion for Leave to Exceed Page Limit in Response to Plaintiffs' Omnibus Daubert Motion (the "Motion") (Doc. #83 ). Good cause appearing, IT IS ORDERED that the Motion (Doc. #83 ) is GRANTED. Boston Scientific may file a single Response brief to Plaintiffs' Omnibus Daubert Motion which may not exceed 30 pages. IT IS FURTHER ORDERED that any Reply filed by Plaintiff must be in compliance with the Local Rules' page limitations. Plaintiff is on notice that any future filings that do not comply with the Local Rules may be summarily stricken. ORDERED by Judge Diane J Humetewa on 2/22/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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| 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) |
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Filing 79
ORDER denying the #77 Motion to Exceed Page Limit. IT IS FURTHER ORDERED striking the #78 Motion for Summary Judgment. Plaintiffs have until and including February 23, 2021, to file an Amended Motion for Summary Judgment, which complies with all applicable Rules of Civil Procedure, Local Rules, and Orders of this Court. Signed by Judge Diane J Humetewa on 2/18/2021. (LFIG)
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| 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) |
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Filing 65
ORDER pursuant to the parties' #64 Stipulation. Dispositive motions due by 2/12/2021. ORDERED that absent extraordinary circumstances, no further extensions of case management deadlines will be granted. Signed by Judge Diane J Humetewa on 12/1/2020. (See Order for details.) (LFIG)
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| 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) |
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Filing 62
ORDER: This matter is before the Court on the parties' Fourth Stipulated Request for Extension of the Parties' Expert Witness Deadlines in Scheduling Order (Doc. #61 ). The parties again request an extension of expert disclosure deadlines. The Stipulation fails to provide any specifics as to why the deadlines that were previously extended cannot be timely met, but generally states that additional time is needed due to the "interruption of Plaintiffs' Arizona and California based experts' businesses and lives due to governmental restrictions imposed in response to the ongoing pandemic." The Court is sympathetic to the logistical problems resulting from the pandemic, but will not perpetually extend deadlines absent a clear showing of good cause--and given that this is the fourth extension requested from the parties--the specific extraordinary circumstances that have prevented the parties from meeting their deadlines. Accordingly, this will be the last extension afforded to the parties. IT IS ORDERED that the Stipulation (Doc. #61 ) is GRANTED. Plaintiffs expert disclosure deadline is extended to August 7, 2020. Defendant's expert disclosure deadline is extended to October 2, 2020. IT IS FURTHER ORDERED that the remainder of the original Rule 16 Scheduling Order (Doc. #30 ) is AFFIRMED. ORDERED by Judge Diane J Humetewa on 7/23/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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| 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) |
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Filing 60
ORDER granting the #59 Stipulation and extending deadlines as set forth in this Order. Dispositive motions due by 1/8/2021. Signed by Judge Diane J Humetewa on 6/9/2020. (See Order for details.) (LFIG)
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| 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) |
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Filing 55
ORDER granting the #54 Stipulation. Discovery due by 5/26/2020. Dispositive motions due by 12/15/2020. Signed by Judge Diane J Humetewa on 3/26/2020. (See Order for details.) (LFIG)
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| 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) |
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Filing 53
PROTECTIVE ORDER pursuant to the #52 Joint Motion for Protective Order. Signed by Judge Diane J Humetewa on 3/9/2020. (See Order for details.) (LFIG)
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| 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) |
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Filing 44
ORDER approving the parties' #43 Stipulation. Discovery due by 3/27/2020. Dispositive motions due by 10/16/2020. Signed by Judge Diane J Humetewa on 12/30/2019. (See Order for details.) (LFIG)
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| 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). |
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Filing 37
ORDER granting in part and denying in part Boston Scientific's #19 Motion to Dismiss Plaintiffs' First Amended Complaint. IT IS FURTHER ORDERED that if Plaintiffs wish to file a second amended complaint, they must do so on or before November 22, 2019. See attachment for details. Signed by Judge Diane J Humetewa on 11/14/19. (CLB)
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| 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) |
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Filing 34
ORDER - IT IS ORDERED granting the #33 Application for Substitution of Counsel with Consent and attorneys Deborah A. Ellingboe and Scholastica N.S. Baker of Faegre Baker Daniels LLP, shall be substituted as counsel of record for Defendant in place of Christopher J. Kaufman of Shook Hardy & Bacon. Signed by Judge Diane J Humetewa on 10/16/19. (MSA)
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| 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). |
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Filing 32
ORDER granting the parties' #31 Stipulated Request for Extension of Deadline to Join Parties, Amend Pleadings, and File Supplemental Pleadings. IT IS ORDERED extending the deadline to join parties, amend pleadings, and file supplemental pleadings until twenty-one (21) days from the date of this Court's Order on the pending Motion to Dismiss #19 . Signed by Judge Diane J Humetewa on 10/10/19. (CLB)
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| 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) |
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Filing 30
RULE 16 SCHEDULING ORDER: Discovery due by 1/31/2020. Dispositive motions due by 8/28/2020. ORDERED vacating the Rule 16 Scheduling Conference set for 8/15/2019. Signed by Judge Diane J Humetewa on 8/9/2019. (See Order for details.) (LFIG)
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| 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) |
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Filing 27
ORDER setting a Rule 16 Scheduling Conference for 8/15/2019 at 3:00 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Signed by Judge Diane J Humetewa on 6/20/2019. (See Order for details.) (LFIG)
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| 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) |
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Filing 20
ORDER: IT IS ORDERED vacating the Rule 16 Scheduling Conference set for 4/9/2019, to be reset at a later date. ORDERED by Judge Diane J Humetewa on 3/20/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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| 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). |
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Filing 15
ORDER withdrawing the pending #5 Motion to Dismiss. ORDERED that Plaintiffs Jamie and Byron Hix shall have up to and through March 5, 2019 to file an amended complaint. Signed by Judge Diane J Humetewa on 2/20/2019. (LFIG)
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| 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) |
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Filing 13
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. ORDERED that the Rule 16 Scheduling Conference previously set by Judge Fine is vacated, to be reset by separate order. Signed by Judge Diane J Humetewa on 2/12/2019. (LFIG)
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| 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) |
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Filing 6
ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE - Scheduling (Case Management) Conference set for 4/9/2019 at 09:30 AM in Special Proceedings Courtroom, 2nd Floor, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Deborah M Fine. (See document for further details). Signed by Magistrate Judge Deborah M Fine on 2/6/19. (LAD)
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| 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. |
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