Hix et al v. Boston Scientific Corporation
Plaintiff: Byron HIx and Jamie Hix
Defendant: Boston Scientific Corporation
Case Number: 2:2019cv00422
Filed: January 29, 2019
Court: US District Court for the District of Arizona
Presiding Judge: Deborah M Fine
Referring Judge: Diane J Humetewa
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28:1441
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on November 14, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 22, 2019 Filing 21 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiffs Byron Hix, Jamie Hix. (Bossier, Sheila)
March 20, 2019 Opinion or Order 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)
March 19, 2019 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)
March 7, 2019 Filing 18 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant Boston Scientific Corporation. (Pugel, Rachael)
March 5, 2019 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)
March 5, 2019 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).
February 21, 2019 Opinion or Order 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)
February 19, 2019 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)
February 12, 2019 Opinion or Order 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)
February 12, 2019 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)
February 12, 2019 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)
February 12, 2019 Filing 8 DEFENDANT'S DEMAND for Jury Trial by Boston Scientific Corporation. (Pugel, Rachael)
February 11, 2019 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)
February 6, 2019 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)
February 6, 2019 Opinion or Order 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)
February 5, 2019 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).
January 29, 2019 ***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.
January 29, 2019 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)
January 29, 2019 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)
January 29, 2019 Filing 2 Corporate Disclosure Statement by Boston Scientific Corporation. (Pugel, Rachael) (BAR)
January 29, 2019 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)

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Defendant: Boston Scientific Corporation
Represented By: Rachael Marie Peters Pugel
Represented By: Sheila K Carmody
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Plaintiff: Byron HIx
Represented By: C Lincoln Combs
Represented By: Sheila M Bossier
Represented By: Larissa A Davis
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Plaintiff: Jamie Hix
Represented By: C Lincoln Combs
Represented By: Sheila M Bossier
Represented By: Larissa A Davis
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