Shepherd et al v. Boston Scientific Corporation
| Beth D. Davis, Estate of Sandra B. Shepherd, Scottie M. Shepherd and Sandra B. Shepherd |
| Boston Scientific Corporation and American Medical Systems, Inc. |
| 5:2020cv05035 |
| February 21, 2020 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on April 17, 2020. A more recent docket listing may be available from PACER.
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Filing 63
ORDER Setting Interim Case Management Deadlines. See Order for specifics. Signed by Honorable Timothy L. Brooks on April 17, 2020. (Brooks, Timothy)
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| Filing 62 TEXT ONLY ORDER Setting STATUS CONFERENCE (via telephone): Status Conference set for 5/15/2020 01:30 PM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. NOTE: AT&T conference call information will be emailed to counsel a few days prior to the hearing. Signed by Honorable Timothy L. Brooks on April 16, 2020. (slc) |
| Filing 61 TEXT ONLY Minute Entry for proceedings held before Honorable Timothy L. Brooks: Status Conference held on 4/16/2020. (Paula Barden-Court Reporter)(Proceedings held in Fayetteville-Room 509) (slc) |
| Filing 60 MASTER ANSWER to Plaintiff's #59 Master Long Form Complaint, with Jury Demand by Boston Scientific Corporation. (Originally filed in MDL 2326 case on 9/26/12)***Filed for ECF purposes*** (src) |
| Filing 59 MASTER LONG FORM COMPLAINT with Jury Demand against Boston Scientific Corporation, filed by Sandra B. Shepherd, Sandra B. Shepherd, Scottie M. Shepherd, Beth D. Davis. (Originally filed in MDL 2326 case on 9/26/12)***Filed for ECF purposes*** (src) |
| Filing 58 TEXT ONLY ORDER Resetting Hearings (TIME & PLACE ONLY): Settlement Conference set for 5/5/2020 09:00 AM moved to Fayetteville - 2nd flr (Rm 210) before Honorable Erin L. Wiedemann. Signed by Honorable Erin L. Wiedemann on April 15, 2020. (rg) |
| Filing 57 NOTICE of Appearance by Tarifa Laddon on behalf of Boston Scientific Corporation. (Laddon, Tarifa) |
| Filing 56 NOTICE of Appearance by Andrew Gay Jackson on behalf of Boston Scientific Corporation. (Jackson, Andrew) |
| Filing 55 TEXT ONLY ORDER GRANTING #53 Motion to Appear Pro Hac Vice. TARIFA B. LADDON is directed to immediately register for Pro Hac Vice filer access through PACER and enter her appearance in this matter. Signed by Honorable Timothy L. Brooks on March 25, 2020. (slc) |
| Filing 54 TEXT ONLY ORDER GRANTING #52 Motion to Appear Pro Hac Vice. ANDREW G. JACKSON is directed to immediately register for Pro Hac Vice filer access through PACER and enter his appearance in this matter. Signed by Honorable Timothy L. Brooks on March 25, 2020. (slc) |
| Filing 53 MOTION for Attorney Tarifa B. Laddon to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2108702) by Boston Scientific Corporation. (Keith-Bolden, Sarah) |
| Filing 52 MOTION for Attorney Andrew G. Jackson to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2108690) by Boston Scientific Corporation. (Keith-Bolden, Sarah) |
| Filing 51 TEXT ONLY ORDER granting #49 Motion to Substitute Attorneys. Attorneys Eric M. Anielak, James H. Keale, Jon A. Strongman, and Michael Bonasso are WITHDRAWN, and the Clerk is directed to remove their names from the list of attorneys receiving electronic communications in this case. Attorneys Sarah Keith-Bolden and E.B. Chiles, IV will represent Defendant Boston Scientific Corporation in this matter. Signed by Honorable Timothy L. Brooks on March 23, 2020. (ee) |
| Filing 50 NOTICE of Appearance by E. B. Chiles, IV on behalf of Boston Scientific Corporation. (Chiles, E.) |
| Filing 49 MOTION to Substitute Attorney by Boston Scientific Corporation. (Keith-Bolden, Sarah) |
| Filing 48 TEXT ONLY ORDER Resetting Hearings (TIME & PLACE ONLY): Settlement Conference set for 5/5/2020 10:00 AM in Texarkana -- 3rd flr (AR side) before Honorable Barry A. Bryant. Signed by Honorable Erin L. Wiedemann on March 18, 2020. (rg) |
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Filing 47
ORDER Setting Hearings: Settlement Conference set for 5/5/2020 09:00 AM in Fayetteville - 2nd flr (Rm 210) before Honorable Erin L. Wiedemann.Each party shall provide a concise, confidential settlement statement NO LATER THAN ONE WEEK PRIOR TO THE SCHEDULED CONFERENCE via email to ELWsettle@arwd.uscourts.gov. Signed by Honorable Erin L. Wiedemann on March 2, 2020. (rg)
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| Filing 46 CASE MANAGEMENT ORDER: STATUS HEARING set for 4/16/2020 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. FINAL PRETRIAL CONFERENCE set for 7/10/2020 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. JURY TRIAL set for 7/20/2020 09:00 AM before Honorable Timothy L. Brooks. Signed by Honorable Timothy L. Brooks on February 27, 2020. (slc) (slc) |
| Filing 45 Magistrate Notice/Consent Form (src) |
| Filing 44 Case transferred in from District of West Virginia Southern; Case Number 2:14-cv-09984. Docket sheet received. |
| TEXT ONLY CLERK'S NOTICE: The following attorneys listed on Case Transferred In - are not registered for CM/ECF filing in the Western District of Arkansas:Eric M. Anielak, James H. Keale, Jon A. Strongman, and Michael Bonasso. An attorney can register through PACER for a CM/ECF login and password if they are admitted to practice in the U.S. District Courts for the Eastern and Western Districts of Arkansas or are admitted pro hac vice for this case. Any non-registered attorney should submit the proper attorney admission petition or file an appropriate motion. Please refer to our website http://www.arwd.uscourts.gov/attorney-information for further information. (src) |
| Filing 43 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02326 - Boston Scientific Corporation. (Attachments: #1 Exhibit ECF 161 - BSC PTO-11 - Stipulated Protective Order, #2 Exhibit ECF 184 - BSC PTO-13 - Stipulation for the Production of Docs and Electronically Stored Info, #3 Exhibit ECF 196 - BSC PTO-14 - New Direct Filing Order, Master Complaint, SF Complaint, #4 Exhibit ECF 197 - Master Long Form Complaint, #5 Exhibit ECF 200 - BSC's Master Answer to Master Long Form Complaint, #6 Exhibit ECF 211 - BSC PTO-16 - Plaintiff Profile Forms, PFS and DFS, #7 Exhibit ECF 522 - BSC PTO-53 - Amended Order re Delayed Filing and Application to the SOLs, #8 Exhibit ECF 1307 - Pltf's Challenge to BSC's Designation of Certain Documents as Confidential, #9 Exhibit ECF 1347 - BSC PTO-139 - Order Clarifying PTO-138, #10 Exhibit ECF 1365 - Notice of Pltf's Withdrawal of their Challenge to BSC's Designation of Certain Docs as Moot, #11 Exhibit ECF 4955 - BSC PTO-175 - Docket Control Order - BSC Wave 4 Cases, #12 Exhibit ECF 4987 - BSC PTO-176 (Notice of Correction of Error in PTO-175 - Wave 4), #13 Exhibit ECF 6100 - BSC PTO-187 - Amended Docket Control Order - BSC Wave 4, #14 Exhibit ECF 7067 - BSC's Notice of Adoption of Prior Daubert Response of Badylak, #15 Exhibit ECF 6984 - Pltf's Notice of Adoption of Prior Daubert Motion of Badylak, #16 Exhibit ECF 5033 - Pltf's Reply to Deft's Response to Motion to Exclude Badylak, #17 Exhibit ECF 4976 - BSC's Opp to Motion to Exclude Badylak, #18 Exhibit ECF 4826 - Pltf's Motion to Exclude Badylak, #19 Exhibit ECF 6041 - Memo Opinion and Order re Daubert Motion re Badylak, #20 Exhibit ECF 1010 - Pltf's Memo in Support of Joint Mtn to Limit Green, #21 Exhibit ECF 6994 - Pltf's Notice of Adoption of Prior Daubert Motion of Green for Wave 4, #22 Exhibit ECF 7055 - BSC's Notice of Adoption of Prior Daubert Response of Green, #23 Exhibit ECF 7159 - Pltf's Notice of Adoption of Prior Daubert Reply in Wave 4 Cases for Green, #24 Exhibit ECF 67 - D. ALLEN - BSC's Opp to Pltf's MTE Testimony of Green, #25 Exhibit ECF 5034 - Pltf's Reply to Deft's Response to Motion to Exclude Little, #26 Exhibit ECF 4979 - BSC's Response in Opp to Motion to Exclude Little, #27 Exhibit ECF 4825 - Pltf's Motion to Exclude Little, #28 Exhibit ECF 7066 - BSC's Notice of Adoption of Prior Daubert Response Little, #29 Exhibit ECF 6995 - Pltf's Notice of Adoption of Prior Daubert Mtn of Little, #30 Exhibit ECF 6044 - Order re Daubert Motion re Dr. Little, #31 Exhibit ECF 4804 - BSC's Motion to Exclude Margolis, #32 Exhibit ECF 4960 - Pltf's Response in Opp to BSC's Motion to Exclude Margolis, #33 Exhibit ECF 6035 - Memo Opinion and Order re Daubert Motion re Margolis, #34 Exhibit ECF 6950 - Ethicon's Notice of Adoption of Prior Daubert of Margolis for BSC Wave 4, #35 Exhibit ECF 7017 - BSC's Notice of Adoption of Prior Daubert MTE Margolis, #36 Exhibit ECF 7032 - Pltf's Notice of Adoption of Prior Daubert Response of Margolis, #37 Exhibit ECF 7046 - Pltf's Notice of Adoption of Prior Daubert Response of Margolis, #38 Exhibit ECF 4972 - Pltf's Memo in Opp to Deft's Motion to Exclude Mays, #39 Exhibit ECF 4805 - BSC's Memo of Law in Support of Testimony of Mays, #40 Exhibit ECF 7065 - Pltf's Notice of Adoption of Prior Daubert Response of Mays, #41 Exhibit ECF 7033 - Pltf's Notice of Adoption of Prior Daubert Response of Mays, #42 Exhibit ECF 7010 - BSC's Notice of Adoption of Prior Daubert Motion to Exclude Mays, #43 Exhibit ECF 7018 - BSC's Notice of Adoption of Prior Daubert Motion to Exclude Pence, #44 Exhibit ECF 4815 - BSC's Motion to Exclude Pence, #45 Exhibit ECF 4968 - Pltf's Response in Opposition to Motion to Exclude Pence, #46 Exhibit ECF 7036 - Pltf's Notice of Adoption of Prior Daubert Response of Pence, #47 Exhibit ECF 7047 - Pltf's Notice of Adoption of Prior Daubert Response of Pence, #48 Exhibit ECF 4833 - Pltf's Motion to Exclude Rosenblatt, #49 Exhibit ECF 4978 - Memo in Opp to Pltf's Motion to Exclude Rosenblatt, #50 Exhibit ECF 5039 - Pltf's Reply in Support of MTE Rosenblatt, #51 Exhibit ECF 7061 - BSC's Notice of Adoption of Prior Daubert Response of Rosenblatt, MD, #52 Exhibit ECF 6986 - Pltf's Notice of Adoption of Prior Daubert Motion of Rosenblatt, #53 Exhibit ECF 6047 - Memo Opinion and Order re Daubert Motion re Rosenblatt, #54 Exhibit ECF 7175 - BSC's Reply in Support of Motion to Exclude Rosenzweig, #55 Exhibit ECF 7085 - Pltf's Response to BSC's MTE Rosenzweig, #56 Exhibit ECF 7011 - BSC's Motion to Exclude Rosenzweig, #57 Exhibit ECF 6039 - Memo Opinion and Order re Daubert Motion Rosenzweig, #58 Exhibit ECF 7004 - Pltf's Motion to Exclude Spiegelberg, #59 Exhibit ECF 7088 - BSC's Response in Opp to Motion to Exclude Spiegelberg, #60 Exhibit ECF 7160 - Pltf's Reply in Support of Motion to Exclude Spiegelberg, #61 Exhibit ECF 6049 - Order re Daubert Motion re Spiegelberg, #62 Exhibit ECF 4827 - Pltf's MTE Spiegelberg and Memo in Support, #63 Exhibit ECF 4969 - Response in Opp to Pltf's MTE Spiegelberg, #64 Exhibit ECF 5031 - Pltf's Reply in Support of Motion to Exclude Spiegelberg, #65 Exhibit ECF 4963 - Pltf's Response in Opposition to BSC's MTE Trepeta, #66 Exhibit ECF 4811 - BSC's Motion to Exclude Trepeta, #67 Exhibit ECF 7049 - Pltf's Notice of Adoption of Prior Daubert Response of Trepeta, #68 Exhibit ECF 7005 - BSC's Notice of Adoption of Prior Daubert MTE Trepeta, #69 Exhibit ECF 6050 - Memo Opinion and Order re Daubert Motion re Trepeta, #70 Exhibit ECF 5690 - AMS PTO-249 (Docket Control Order - AMS Wave 3 Cases), #71 Exhibit ECF 6101 - AMS PTO-255 - Amd Docket Control Order - AMS Wave 3)(Anielak, Eric) (Modified on 2/21/2020 to add party filers)(slr). [Transferred from wvsd on 2/21/2020.] |
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Filing 42
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 2/21/2020 the cases identified on Exhibit A that are still pending shall be transferred to the United States District Courts identified on Exhibit A pursuant to 28 U.S.C. 1404(a); on or before 2/20/2020 the parties are DIRECTED to confer and to file in each pending individual member case identified in Exhibit A, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the Clerk is DIRECTED to use the appropriate function in CM/ECF to extract each member case listed on Exhibit A that remains pending and transfer it to the corresponding United States District Court listed on Exhibit A; after transfer of each member case listed in Exhibit A that is not dismissed prior to the Transfer Date, the Clerk is DIRECTED to formally close the case and strike it from the docket of this court. Signed by Judge Joseph R. Goodwin on 02/07/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (kew) [Transferred from wvsd on 2/21/2020.]
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| Filing 41 NOTICE OF ATTORNEY APPEARANCE by J. Barrett Deacon on behalf of Beth D. Davis, Sandra B. Shepherd, Sandra B. Shepherd, Scottie M. Shepherd. (Deacon, J.) [Transferred from wvsd on 2/21/2020.] |
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Filing 40
ORDER directing that counsel for plaintiffs and defendants on Exhibit A attend a status conference before the court on 1/31/2020, at 9:00 a.m. in Charleston at the Robert C. Byrd United States Courthouse, Room 6600. Signed by Judge Joseph R. Goodwin on 12/9/2019. (cc: counsel of record; any unrepresented party) (st) [Transferred from wvsd on 2/21/2020.]
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Filing 39
ORDER granting #36 JOINT MOTION by American Medical Systems, Inc., Scottie M. Shepherd, Sandra B. Shepherd, Beth D. Davis to Dismiss American Medical Systems, Inc. With Prejudice and MOTION by Scottie M. Shepherd, Sandra B. Shepherd, Beth D. Davis TO TRANSFER this member case from MDL 2325 American Medical Systems to MDL 2326 Boston Scientific; the Clerk is directed to disassociate this civil action as a member case in MDL 2325 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 2/22/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (brn) [Transferred from wvsd on 2/21/2020.]
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| Filing 38 FIRST AMENDED SHORT FORM COMPLAINT filed by Beth D. Davis, Sandra B. Shepherd, Scottie M. Shepherd against Boston Scientific Corporation. (Lloyd, Whitney) [Transferred from wvsd on 2/21/2020.] |
| Filing 37 AMENDED SHORT FORM COMPLAINT filed by Beth D. Davis, Sandra B. Shepherd, Scottie M. Shepherd against Boston Scientific Corporation. (Lloyd, Whitney) [Transferred from wvsd on 2/21/2020.] |
| Filing 36 JOINT MOTION by American Medical Systems, Inc., Scottie M. Shepherd, Sandra B. Shepherd, Beth D. Davis to Dismiss American Medical Systems, Inc. With Prejudice and MOTION by Scottie M. Shepherd, Sandra B. Shepherd, Beth D. Davis TO TRANSFER this member case from MDL 2325 American Medical Systems to MDL 2326 Boston Scientific. (Binis, Barbara) (Modified on 1/3/2019 to add party filers) (kp). [Transferred from wvsd on 2/21/2020.] |
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Filing 35
ORDER granting #31 MOTION by Beth D. Davis, Sandra B. Shepherd, Scottie M. Shepherd for Protective Order to Quash Depositions. Signed by Magistrate Judge Cheryl A. Eifert on 12/19/2018. (cc: counsel of record) (ts) [Transferred from wvsd on 2/21/2020.]
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| Filing 34 REPLY by Beth D. Davis, Sandra B. Shepherd, Scottie M. Shepherd to #33 Response In Opposition. (Lloyd, Whitney) [Transferred from wvsd on 2/21/2020.] |
| Filing 33 RESPONSE by Boston Scientific Corporation in opposition to #31 MOTION by Beth D. Davis, Sandra B. Shepherd, Scottie M. Shepherd for Protective Order to Quash Depositions (Attachments: #1 Exhibit A)(Anielak, Eric) [Transferred from wvsd on 2/21/2020.] |
| MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: #31 MOTION by Beth D. Davis, Sandra B. Shepherd, Scottie M. Shepherd for Protective Order to to Quash Depositions. (kp) [Transferred from wvsd on 2/21/2020.] |
| Filing 32 BRIEF by Beth D. Davis, Sandra B. Shepherd, Scottie M. Shepherd in support of #31 MOTION by Beth D. Davis, Sandra B. Shepherd, Scottie M. Shepherd for Protective Order to to Quash Depositions (Lloyd, Whitney) [Transferred from wvsd on 2/21/2020.] |
| Filing 31 MOTION by Beth D. Davis, Sandra B. Shepherd, Scottie M. Shepherd for Protective Order to Quash Depositions (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Lloyd, Whitney) [Transferred from wvsd on 2/21/2020.] |
| Filing 30 AMENDED NOTICE OF VIDEOTAPED DEPOSITION DUCES TECUM by Boston Scientific Corporation of Dr. Mark G. Pickhardt on December 20, 2018 at 1:00 p.m. (Strongman, Jon) [Transferred from wvsd on 2/21/2020.] |
| Filing 29 NOTICE OF VIDEOTAPED DEPOSITION DUCES TECUM by Boston Scientific Corporation of Dr. Mark G. Pickhardt on November 9, 2018 at 10:00 a.m. (Strongman, Jon) [Transferred from wvsd on 2/21/2020.] |
| Filing 28 NOTICE OF VIDEOTAPED DEPOSITION DUCES TECUM by Boston Scientific Corporation of Dr. Angela Buonagura on November 9, 2018 at 10:00 a.m. (Strongman, Jon) [Transferred from wvsd on 2/21/2020.] |
| Filing 27 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Rule 26(a)(2) Expert Testimony Disclosures. (Anielak, Eric) [Transferred from wvsd on 2/21/2020.] |
| Filing 26 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Scottie Shepherd on September 21, 2018 at 1:00 p.m. (Keale, James) [Transferred from wvsd on 2/21/2020.] |
| Filing 25 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Beth Davis on September 21, 2018 at 10:00 a.m. (Keale, James) [Transferred from wvsd on 2/21/2020.] |
| Filing 24 CERTIFICATE OF SERVICE by Beth D. Davis, Sandra B. Shepherd, Sandra B. Shepherd, Scottie M. Shepherd for Rule 26 Expert Disclosures. (Lloyd, Whitney) [Transferred from wvsd on 2/21/2020.] |
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Filing 23
PRETRIAL ORDER # 255 (Amended Docket Control Order American Medical Systems Inc. Wave 3 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 249. The parties are advised that while this order will be entered in the individual cases in the coming days, it is effective as of the day it was entered in the main MDL. The following deadlines immediately apply in all Wave 3 cases: Plaintiff Fact Sheets due by 03/19/2018; Defendant Fact Sheets due by 04/19/2018; Deadline for written discovery requests due by 05/18/2018; Expert disclosures served by plaintiffs pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 07/13/2018; Expert disclosure served by defendants pursuant to Fed R. Civ P. 26 as limited by 3.a. of this order due by 08/13/2018; Expert disclosure served for rebuttal pursuant to Fed R. Civ. P. 26 as limited by 3.a. of this order due by 08/20/2018; Deposition deadline and close of discovery due by 10/04/2018; Filing of Dispositive Motions due by 10/18/2018; Response to Dispositive Motions due by 10/25/2018; Reply to response to dispositive motions due by 11/01/2018; Filing of Daubert motions due by 10/18/2018; Responses to Daubert motions due by 10/25/2018; Reply to response to Daubert motions due by 11/01/2018. Signed by Judge Joseph R. Goodwin on 6/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2325; AMS Wave 3 Cases) (pma) [Transferred from wvsd on 2/21/2020.]
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| Filing 22 CERTIFICATE OF SERVICE by Beth D. Davis, Sandra B. Shepherd, Sandra B. Shepherd, Scottie M. Shepherd for Rule 26 Expert Disclosures. (Lloyd, Whitney) [Transferred from wvsd on 2/21/2020.] |
| Filing 21 STIPULATION OF SETTLEMENT BETWEEN CERTAIN PARTIES (Relief from deadlines set forth in PTO # 249) by American Medical Systems, Inc., Sandra B. Shepherd, Beth D. Davis, Scottie M. Shepherd (Binis, Barbara) (Modified on 5/10/2018 to add party filers) (kp). [Transferred from wvsd on 2/21/2020.] |
| Filing 20 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by James H. Keale on behalf of Boston Scientific Corporation. (Keale, James) [Transferred from wvsd on 2/21/2020.] |
| NOTICE OF DOCKET CORRECTION re: # 19 PRETRIAL ORDER #280. ERROR: Document filed in incorrect civil action. CORRECTION: Image removed. (mek) [Transferred from wvsd on 2/21/2020.] |
| Filing 19 INCORRECT ENTRY; IMAGE REMOVED. (Modified on 2/7/2018 to remove image filed in the incorrect civil action.) (mek). [Transferred from wvsd on 2/21/2020.] |
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Filing 18
PRETRIAL ORDER # 249 (Docket Control Order - American Medical Systems Inc. Wave 3 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING AMERICAN MEDICAL SYSTEMS, INC. CASES. The court ORDERS that this Docket Control Order be filed in the main MDL and, as of the time of that filing in every case listed on Exhibit A (hereinafter "Wave 3 cases") becomes subject to the deadlines in this Docket Control Order. For any case(s) in the American Medical Systems, Inc. MDL with a Covidien Wave 1 flag, the stay on the flagged Covidien Wave 1 case is lifted and the Covidien Wave 1 case is incorporated in the American Medical Systems, Inc., Wave 3 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 3 cases: A. Scheduling Deadlines. Plaintiff Fact Sheets due by 3/19/2018, Defendant Fact Sheets due by 4/19/2018, Deadline for written discovery requests due by 5/18/2018, Expert disclosure by plaintiffs due by 6/04/2018, Expert disclosure by defendants due by 7/05/2018, Expert disclosure for rebuttal purposes due by 7/23/2018, Deposition deadline and close of discovery due by 9/04/2018, Deadline to file list of general causation experts in each individual Wave 3 case due by 9/11/2018, Filing of Dispositive Motions due by 9/21/2018, Response to Dispositive Motions due by 10/05/2018, Reply to response to dispositive motions due by 10/12/2018, Filing of Daubert motions due by 10/05/2018, Responses to Daubert motions due by 10/19/2018, and Reply to response to Daubert motions due by 10/26/2018. B.4. Confidential Documents. In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 8/10/2018, and any response is due by 8/24/2018. Any reply is due by 8/31/2018. C.1. Venue Recommendations. By no later than 8/27/2018 the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties are ORDERED to submit joint venue recommendations to the court by 9/03/2018. Additional directives are set forth herein. Signed by Judge Joseph R. Goodwin on 1/30/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2325; AMS Wave 3 Cases Listed on Exhibit A) (pma) [Transferred from wvsd on 2/21/2020.]
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| Filing 17 CERTIFICATE OF COMPLIANCE WITH PTO 238 by Beth D. Davis, Sandra B. Shepherd, Sandra B. Shepherd, Scottie M. Shepherd (Lloyd, Whitney) M [Transferred from wvsd on 2/21/2020.] |
| Filing 16 PLAINTIFF PROFILE FORM filed by Beth D. Davis, Sandra B. Shepherd, Sandra B. Shepherd, Scottie M. Shepherd. (Lloyd, Whitney) [Transferred from wvsd on 2/21/2020.] |
| Filing 15 PLAINTIFF FACT SHEET filed by Beth D. Davis, Sandra B. Shepherd, Sandra B. Shepherd, Scottie M. Shepherd. (Lloyd, Whitney) [Transferred from wvsd on 2/21/2020.] |
| Filing 14 CERTIFICATE OF SERVICE filed by Sandra B. Shepherd of Compliance with PTO 223. (Lloyd, Whitney) [Transferred from wvsd on 2/21/2020.] |
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Filing 13
PRETRIAL ORDER # 223 (Order re: Production of Case-Specific Information For Certain AMS MDL Plaintiffs) It is directed as follows: A) Existing Cases pending as of October 10, 2016. This order applies to certain cases in MDL 2325 alleging claim(s) against AMS, as of 10/10/2016, and listed on Exhibit A. B) Plaintiff Fact Sheets, Authorizations and Documents. Plaintiffs identified on Exhibit A shall submit a full and complete PFS with verifications and the attached authorizations and the other documents identified herein to the individuals identified in Paragraph C by 11/21/2016, as more fully set forth herein. D) This PTO does not in any way relieve plaintiffs from their obligation to serve a Plaintiff Profile Form; and E) Any plaintiff who fails to comply with this PTO may be subject to a substantial sanction, including dismissal with prejudice. Signed by Judge Joseph R. Goodwin on 10/21/2016. (cc: Clerk of JPMDL; attys; any unrepresented party) (REF: MDL 2325; Cases Listed on Exhibit A) (bdr) [Transferred from wvsd on 2/21/2020.]
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Filing 12
ORDER granting #11 MOTION by Beth D. Davis, Sandra B. Shepherd, Scottie M. Shepherd for Substitution of Whitney Deacon Lloyd as Counsel and Withdrawal of Counsel Jason Mark Milne; the Clerk is directed to terminate Mr. Milne as counsel for the plaintiffs, to add Ms. Lloyd (at her Fayetteville, Arkansas address) as counsel of record for the plaintiffs. Signed by Judge Joseph R. Goodwin on 6/14/2016. (cc: counsel of record; any unrepresented party) (mek) [Transferred from wvsd on 2/21/2020.]
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| Filing 11 MOTION by Beth D. Davis, Sandra B. Shepherd, Scottie M. Shepherd for Substitution of Whitney Deacon Lloyd as Counsel and Withdrawal of Counsel Jason Mark Milne (Milne, Jason) [Transferred from wvsd on 2/21/2020.] |
| Filing 10 AMENDED SHORT FORM COMPLAINT filed by Sandra B. Shepherd, Beth D. Davis, Scottie M. Shepherd against American Medical Systems, Inc. ("AMS"), Boston Scientific Corporation. (Deacon, Joseph) [Transferred from wvsd on 2/21/2020.] |
| Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael J. Farrell on behalf of American Medical Systems, Inc.. (Farrell, Michael) [Transferred from wvsd on 2/21/2020.] |
| Filing 8 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Erik W. Legg on behalf of American Medical Systems, Inc.. (Legg, Erik) [Transferred from wvsd on 2/21/2020.] |
| Filing 7 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon A. Strongman on 4/3/2014. Boston Scientific Corporation waiver mailed on 2/12/2014, answer due 4/14/2014. (Strongman, Jon) [Transferred from wvsd on 2/21/2020.] |
| 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 wvsd on 2/21/2020.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Bonasso on behalf of Boston Scientific Corporation. (Bonasso, Michael) [Transferred from wvsd on 2/21/2020.] |
| Filing 4 TRANSMITTED PRETRIAL ORDER # 118 (AGREED ORDER AND STIPULATION REGARDING PROTOCOL FOR COLLECTION, PRESERVATION, AND DIVISION OF PATHOLOGY MATERIAL) entered on 02/19/2014 in MDL 2325 to attorneys in member case. (cbo) [Transferred from wvsd on 2/21/2020.] |
| Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jason Mark Milne on behalf of Beth D. Davis, Sandra B. Shepherd, Sandra B. Shepherd, Scottie M. Shepherd. (Milne, Jason) [Transferred from wvsd on 2/21/2020.] |
| Filing 2 ELECTRONIC SUMMONS ISSUED as to American Medical Systems, Inc., Boston Scientific Corporation, re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: #1 as to Boston Scientific Corporation) (all) [Transferred from wvsd on 2/21/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-3010170. (Attachment: #1 Civil Cover Sheet) (all) [Transferred from wvsd on 2/21/2020.] |
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