Wilichowski et al v. Boston Scientific Corporation
| Kimberly Wilichowski and Kent Wilichowski |
| Boston Scientific Corporation |
| 5:2021cv05024 |
| February 4, 2021 |
| 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 June 1, 2021. A more recent docket listing may be available from PACER.
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| Filing 76 MEMORANDUM OPINION and ORDER granting in part and denying in part #41 Motion Motion to Exclude Case-Specific Testimony; granting in part and denying in part #54 -56, #54 -41 Motions to Exclude Mays and Rosenblatt; denying in part and moot in part #54 -67 #54 -40 Motions to Exclude Rosenzweig and ; denying #54 -78 #54 -39 Motions to Exclude; grantng #54 -87 Motion to Exclude Spiegelburg. See order for specifics. Signed by Honorable Timothy L. Brooks on March 29, 2021. (src) |
| Filing 75 STATUS REPORT [Parties' Joint Statement Regarding Documents to be Downloaded by Court Clerk and Pending Motions] by Boston Scientific Corporation. (Attachments: #1 Exhibit A)(Jackson, Andrew) |
| Filing 74 MEMORANDUM OPINION and ORDER granting in part and denying in part #40 Motion for Summary Judgment. See order regarding counts. Signed by Honorable Timothy L. Brooks on March 2, 2021. (src) |
Filing 73
ORDER Setting Hearings: Settlement Conference set for 6/1/2021 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 1, 2021. (rg)
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| Filing 72 CASE MANAGEMENT ORDER:STATUS CONFERENCE set for 4/8/2021 10:30 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks.FINAL PRETRIAL CONFERENCE set for 7/13/2021 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks.JURY TRIAL set for 7/19/2021 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Signed by Honorable Timothy L. Brooks on March 1, 2021. (slc) |
| Filing 71 NOTICE of Appearance by David C. DeGreeff on behalf of Kent Wilichowski, Kimberly Wilichowski. (DeGreeff, David) |
| Filing 70 TEXT ONLY ORDER GRANTING #69 Motion to Appear Pro Hac Vice. David C. DeGreeff 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 February 16, 2021. (slc) |
| Filing 69 MOTION for Attorney David C. DeGreeff to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2335289) by Kent Wilichowski, Kimberly Wilichowski. (Attachments: #1 Exhibit A)(Keith, Sean) |
| Filing 68 MASTER ANSWER to #67 Plaintiffs' Long Form Complaint with Jury Demand by Boston Scientific Corporation.(src) |
| Filing 67 MASTER LONG FORM COMPLAINT with Jury Demand against Boston Scientific Corporation, filed by Plaintiffs. Originally filed in WVSD case 2:12md2326 on 9/26/12(src) |
| Filing 66 TEXT ONLY ORDER directing counsel for both parties to check the docket in this case to verify that all necessary documents from the multi-district litigation have been uploaded and now appear as linked, numbered documents on this Court's record. Further, counsel are directed to verify that all motions that require this Court's resolution--including all associated briefing--have been uploaded to this Court's docket and are flagged as "unresolved." The parties are then directed to confer and then designate one attorney to communicate with the Fayetteville Clerk's Office to correct any errors in the docket or supplement the docket with needed documents. These tasks should take place at least one week in advance of any status hearing that is set in this case. If the parties believe the Court would benefit from a joint written status report listing the motions and other issues that require Court resolution in advance of trial, they should file such report prior to the first scheduled status hearing. Signed by Honorable Timothy L. Brooks on February 10, 2021. (ee) |
| Filing 65 NOTICE of Appearance by Andrew Gay Jackson on behalf of Boston Scientific Corporation. (Jackson, Andrew) |
| Filing 64 NOTICE of Appearance by Theodore O'Reilly on behalf of Boston Scientific Corporation. (O'Reilly, Theodore) |
| Filing 63 TEXT ONLY ORDER GRANTING #60 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 February 9, 2021. (slc) |
| Filing 62 TEXT ONLY ORDER GRANTING #59 Motion to Appear Pro Hac Vice. THEODORE E. O'REILLY 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 February 9, 2021. (slc) |
| Filing 61 TEXT ONLY ORDER GRANTING #58 Motion to Withdraw and for Substitution of Counsel Following Remand. Attorneys PRUITT, O'REILLY, and JACKSON replacing Attorney ATTORNEYS ANIELAK, STRONGMAN, KEALE, TANENBAUM, and BONASSO. Signed by Honorable Timothy L. Brooks on February 9, 2021. (slc) |
| Filing 60 MOTION for Attorney ANDREW G. JACKSON to Appear Pro Hac Vice APPLICATION FOR ANDREW G. JACKSON TO APPEAR PRO HAC VICE ON BEHALF OF DEFENDANT BOSTON SCIENTIFIC CORPORATION (PHV Application fee paid $ 100; receipt number AARWDC-2330934) by Boston Scientific Corporation. (Pruitt, Lyn) |
| Filing 59 MOTION for Attorney THEODORE E. OREILLY to Appear Pro Hac Vice APPLICATION FOR THEODORE E. OREILLY TO APPEAR PRO HAC VICE ON BEHALF OF DEFENDANT BOSTON SCIENTIFIC CORPORATION (PHV Application fee paid $ 100; receipt number AARWDC-2330931) by Boston Scientific Corporation. (Pruitt, Lyn) |
| Filing 58 MOTION to Substitute Attorney MOTION TO WITHDRAW AND FOR SUBSTITUTION OF COUNSEL FOLLOWING REMAND by Boston Scientific Corporation. (Pruitt, Lyn) |
| Filing 57 NOTICE of Appearance by Lyn Peeples Pruitt on behalf of Boston Scientific Corporation. (Pruitt, Lyn) |
| Filing 56 Magistrate Notice/Consent Form (src) |
| Filing 55 Case transferred in from District of West Virginia Southern; Case Number wvsd:214-cv-30310. Docket sheet received. |
| TEXT ONLY CLERK'S NOTICE: The following attorneys listed on the Docket are not registered for CM/ECF filing in the Western District of Arkansas:Jeffrey Kuntz, Eric M. Anielak, James H. Keale, Jon A. Strongman, Michael A Tanenbaum, 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 54 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 Production of Docs and ESI, #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 8025 - BSC PTO-208 - DCO BSC Wave 7 Cases, #7 Exhibit ECF 8315 - Pltf_s Notice of Adoption of Prior Daubert Motion Badylak, #8 Exhibit ECF 4826 - Pltf_s Motion and Memo Support of MTE Badylak, #9 Exhibit ECF 8364 - BSC_s Notice of Adoption of Prior Daubert Response of Badylak, #10 Exhibit ECF 4976 - BSC_s Opp to Pltf_s MTE Badylak, #11 Exhibit ECF 5033 - Pltf_s Reply to Deft_s Response to Pltf_s MTE Badylak, #12 Exhibit ECF 6041 - Memo Opinion and Order re Daubert Motion Badylak, #13 Exhibit ECF 8323 - Pltf_s Notice of Adoption of Prior Daubert Motion of Green, #14 Exhibit ECF 1010 - WAVE 1 and 2 - Pltf_s Memo in Support of MTE Green, #15 Exhibit ECF 1010 - EX A, #16 Exhibit ECF 1010 - EX B, #17 Exhibit ECF 1010 - EX C, #18 Exhibit ECF 1010 - EX D, #19 Exhibit ECF 1010 - EX E, #20 Exhibit ECF 1010 - EX F, #21 Exhibit ECF 1018 - BSC PTO-119 - Order re Pending Daubert Motions Filed in MDL, #22 Exhibit ECF 8371 - BSC_s Notice of Adoption of Prior Daubert Response of Green, #23 Exhibit ECF 8316 - Pltf_s Notice of Adoption of Prior Daubert Motion Little, #24 Exhibit ECF 4825 - Pltf_s Motion and Memo Support of MTE Little - Part 1, #25 Exhibit ECF 4825 - Pltf_s Motion and Memo Support of MTE Little - Part 2, #26 Exhibit ECF 8362 - BSC_s Notice of Adoption of Prior Daubert Response of Little, #27 Exhibit ECF 4979 - BSC_s Response in Opp to Pltf_s MTE Little, #28 Exhibit ECF 5034 - Pltf_s Reply to Deft_s Response to Pltf_s MTE Little, #29 Exhibit ECF 6044 - Memo Opinion and Order re Daubert Motion Little, #30 Exhibit ECF 8326 - Pltf_s Notice of Adoption of Prior Daubert Motion re Rosenblatt, #31 Exhibit ECF 4833 - Pltf_s MTE Rosenblatt and Memo in Support, #32 Exhibit ECF 8363 - BSC_s Notice of Adoption of Prior Daubert Response of Rosenblatt, #33 Exhibit ECF 4978 - BSC_s Memo in Opp to Pltf_s MTE Rosenblatt, #34 Exhibit ECF 4978 - Exh A, #35 Exhibit ECF 4978 - Exh B, #36 Exhibit ECF 5039 - Pltf_s Reply Brief in Support of MTE Rosenblatt, #37 Exhibit ECF 6047 - Memorandum Opinion and Order re Daubert Motion re Dr. P. Rosenblatt, #38 Exhibit ECF 8317 - Pltf_s Notice of Adoption of Prior Daubert Motion Spiegelberg, #39 Exhibit ECF 7004 - Pltf_s MTE and Memo re Spiegelberg, #40 Exhibit ECF 4827 - Pltf_s MTE Spiegelberg and Memo in Support, #41 Exhibit ECF 7088 - BSC_s Response in Opposition to Pltf_s MTE Spiegelberg, #42 Exhibit ECF 4969 - BSC_s Response in Opp to Pltf_s MTE Spiegelberg, #43 Exhibit ECF 7160 - Pltf_s Reply in Support of MTE Spiegelberg, #44 Exhibit ECF 5031 - Pltf_s Reply in Support of MTE Spiegelberg, #45 Exhibit ECF 6049 - Memo Opinion and Order re Daubert Motion Spiegelberg, #46 Exhibit ECF 8339 - BSC's Notice of Adoption of Prior Daubert MTE Blaivas, #47 Exhibit ECF 4822 - BSC_s Motion and Memo in Support MTE Blaivas, #48 Exhibit ECF 8351 - Pltf's Notice of Adoption of Prior Daubert Response Blaivas, #49 Exhibit ECF 4962 - Pltf_s Opp to BSC_s MTE Blaivas, #50 Exhibit ECF 4962-1 - Exhibit A-1, #51 Exhibit ECF 4962-2 - Exhibit A-2, #52 Exhibit ECF 4962-3 - Exhibit B-1, #53 Exhibit ECF 4962-4 - Exhibit B-2, #54 Exhibit ECF 4962-5 - Exhibit C, #55 Exhibit ECF 6029 - Memo Opinion and Order re Daubert Motion Blaivas, #56 Exhibit ECF 8330 - BSC_s Memo in Support of MTE Mays, #57 Exhibit ECF 8365 - Pltf_s Memo in Opp to BSC_s MTE Mays, #58 Exhibit ECF 8384 - BSC_s Reply in Support of MTE Mays, #59 Exhibit ECF 8336 - BSC_s Notice of Adoption of Prior Daubert MTE Pence, #60 Exhibit ECF 4815 - BSC_s MTE Pence and Memo in Support, #61 Exhibit ECF 8356 - Pltf_s Notice of Adoption of Prior Daubert Response Pence, #62 Exhibit ECF 4968 - Pltf_s Response in Opp to BSC_s MTE Pence, #63 Exhibit ECF 8381 - BSC_s Notice of Adoption of Reply Memo in Support of its MTE Pence, #64 Exhibit ECF 5038 - BSC_s Reply Memo in Support of MTE Pence, #65 Exhibit ECF 6038 - Memo Opinion and Order re Daubert Motion Pence, #66 Exhibit ECF 8328 - BSC_s Notice of Adoption of Prior Daubert MTE Rosenzweig, #67 Exhibit ECF 8084 - BSC_s MTE Rosenzweig, #68 Exhibit ECF 8084 - Exh A, #69 Exhibit ECF 8084 - Exh B1, #70 Exhibit ECF 8084 - Exh B2, #71 Exhibit ECF 8084 - Exh B3, #72 Exhibit ECF 8084 - Exh B4, #73 Exhibit ECF 8084 - Exh C, #74 Exhibit ECF 8084 - Exh D, #75 Exhibit ECF 8357 - Pltf_s Response and Memo in Opp to BSC_s MTE Rosenzweig, #76 Exhibit ECF 8382 - BSC_s Reply in Support of MTE Rosenzweig, #77 Exhibit ECF 6039 - Memo Opinion and Order re Daubert Motion Rosenzweig, #78 Exhibit ECF 8334 - BSC's MTE Certain Opinions and Testimony of Shobeiri, #79 Exhibit ECF 8370 - Pltf_s Response in Opposition to BSC_s MTE Testimony of Shobieri, #80 Exhibit ECF 8374 - Pltf's Brief in Support of Response in Opp to MTE Shobeiri, #81 Exhibit ECF 8383 - BSC_s Reply in Support of MTE Testimony of Shobeiri, #82 Exhibit ECF 67 - ALLEN - BSC_s Memo in Opposition to Pltf_s MTE Green, #83 Exhibit ECF 92 - FOWLER - Pltfs Reply in Support of MTE Green, #84 Exhibit ECF 92 - FOWLER - Exhs A-D, #85 Exhibit ECF 115 - Fowler - Memo Opinion and Order (Daubert Motions), #86 Exhibit ECF 104 - Frankum - Memo, Opinion, and Order (Daubert Motions), #87 Exhibit ECF 216 - Pltf_s Memo in Support of MTE Spiegelberg, #88 Exhibit ECF 275 - BSC_s Opposition to Pltf_s MTE Spiegelberg, #89 Exhibit ECF 275 - Exh A, #90 Exhibit ECF 275 - Exh B, #91 Exhibit ECF 473 - Amended Memo Opinion and Order (Daubert Motions))(Strongman, Jon) (Modified on 9/3/2020 to add party filer) (msa). [Transferred from wvsd on 2/4/2021.] |
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Filing 53
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 09/04/2020 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 09/03/2020 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 8/21/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (maw) [Transferred from wvsd on 2/4/2021.]
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Filing 52
ORDER directing that the #48 MOTION by Kent Wilichowski, Kimberly Wilichowski to Strike Defendant's Non Retained Experts in Violation of the Court's Pretrial Order 208 is DENIED as moot. Signed by Judge Joseph R. Goodwin on 7/24/2020. (cc: attys; any unrepresented party) (maw) [Transferred from wvsd on 2/4/2021.]
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| Filing 51 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Amended Rule 26 Designation and Disclosure of Expert Witnesses. (Strongman, Jon) [Transferred from wvsd on 2/4/2021.] |
| Filing 50 RESPONSE by Boston Scientific Corporation in opposition to #48 MOTION to Strike (Attachments: #1 Exhibit A)(Strongman, Jon) (Modified on 6/3/2020 to correct link to #48 motion) (msa). [Transferred from wvsd on 2/4/2021.] |
| Filing 49 MEMORANDUM by Kent Wilichowski, Kimberly Wilichowski in support of #48 MOTION by Kent Wilichowski, Kimberly Wilichowski to Strike Defendant's Non Retained Experts in Violation of the Court's Pretrial Order 208 (Keith, Sean) [Transferred from wvsd on 2/4/2021.] |
| Filing 48 MOTION by Kent Wilichowski, Kimberly Wilichowski to Strike Defendant's Non Retained Experts in Violation of the Court's Pretrial Order 208 (Attachments: #1 Exhibit PTO 208, #2 Exhibit Rule 26 Disclosure, #3 Exhibit Order To Strike, #4 Exhibit Order To Strike)(Keith, Sean) [Transferred from wvsd on 2/4/2021.] |
| Filing 47 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Sean T. Keith updating name and/or firm information on behalf of Kent Wilichowski, Kimberly Wilichowski. (Keith, Sean) [Transferred from wvsd on 2/4/2021.] |
| Filing 46 REPLY by Kent Wilichowski, Kimberly Wilichowski to #45 Response In Opposition. (Keith, Sean) [Transferred from wvsd on 2/4/2021.] |
| Filing 45 RESPONSE by Boston Scientific Corporation in opposition to #41 MOTION by Kent Wilichowski, Kimberly Wilichowski to Exclude Case-Specific Opinions and Testimony of Peter Rosenblatt, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Anielak, Eric) [Transferred from wvsd on 2/4/2021.] |
| Filing 44 BRIEF by Kent Wilichowski, Kimberly Wilichowski in Support of #43 Response In Opposition. (Keith, Sean) [Transferred from wvsd on 2/4/2021.] |
| Filing 43 RESPONSE by Kent Wilichowski, Kimberly Wilichowski in opposition to #40 MOTION by Boston Scientific Corporation for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Keith, Sean) [Transferred from wvsd on 2/4/2021.] |
| Filing 42 BRIEF by Kent Wilichowski, Kimberly Wilichowski in support of #41 MOTION by Kent Wilichowski, Kimberly Wilichowski to Exclude Case-Specific Opinions and Testimony of Peter Rosenblatt, M.D. (Keith, Sean) [Transferred from wvsd on 2/4/2021.] |
| Filing 41 MOTION by Kent Wilichowski, Kimberly Wilichowski to Exclude Case-Specific Opinions and Testimony of Peter Rosenblatt, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B)(Keith, Sean) [Transferred from wvsd on 2/4/2021.] |
| Filing 40 MOTION by Boston Scientific Corporation for Summary Judgment and MEMORANDUM IN SUPPORT (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Strongman, Jon) [Transferred from wvsd on 2/4/2021.] |
| Filing 39 OBJECTIONS to Plaintiff's #31 Notice of Videotaped Deposition Duces Tecum of Defendant's Rule 26 Expert Dr. Peter Rosenblatt, M.D., by Boston Scientific Corporation (Strongman, Jon) [Transferred from wvsd on 2/4/2021.] |
| Filing 38 NOTICE OF DEPOSITION by Boston Scientific Corporation of Friends and Family on TBD at TBD (Tanenbaum, Michael) [Transferred from wvsd on 2/4/2021.] |
| Filing 37 NOTICE OF VIDEOTAPED DEPOSITION by Boston Scientific Corporation of Kris Stein on TBD at TBD (Tanenbaum, Michael) [Transferred from wvsd on 2/4/2021.] |
| Filing 36 NOTICE OF VIDEOTAPED DEPOSITION by Boston Scientific Corporation of Jon Thompson on TBD at TBD (Tanenbaum, Michael) [Transferred from wvsd on 2/4/2021.] |
| Filing 35 NOTICE OF VIDEOTAPED DEPOSITION by Boston Scientific Corporation of Amber Muelbach on TBD at TBD (Tanenbaum, Michael) [Transferred from wvsd on 2/4/2021.] |
| Filing 34 NOTICE OF VIDEOTAPED DEPOSITION by Boston Scientific Corporation of Trina Hammond on TBD at TBD (Tanenbaum, Michael) [Transferred from wvsd on 2/4/2021.] |
| Filing 33 NOTICE OF VIDEOTAPED DEPOSITION by Boston Scientific Corporation of Kimberlee Gail on TBD at TBD (Tanenbaum, Michael) [Transferred from wvsd on 2/4/2021.] |
| Filing 32 NOTICE OF VIDEOTAPED DEPOSITION by Boston Scientific Corporation of Diane Warren on TBD at TBD (Tanenbaum, Michael) [Transferred from wvsd on 2/4/2021.] |
| Filing 31 NOTICE OF DEPOSITION DUCES TECUM by Kent Wilichowski, Kimberly Wilichowski of Dr. Peter Rosenblatt on October 29, 2019 at 6:00 pm EDT (Keith, Sean) [Transferred from wvsd on 2/4/2021.] |
| Filing 30 RESPONSES AND OBJECTIONS by Kent Wilichowski, Kimberly Wilichowski to #28 Notice Videotaped Deposition Duces Tecum of Dr. S. Abbas Shoddeiri (Keith, Sean) [Transferred from wvsd on 2/4/2021.] |
| Filing 29 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Rule 26 Designation and Disclosure of Expert Witnesses. (Strongman, Jon) [Transferred from wvsd on 2/4/2021.] |
| Filing 28 NOTICE OF VIDEOTAPED DEPOSITION by Boston Scientific Corporation of Dr. S. Abbas Shobeiri on 10/13/2019 at 9:00 am (Strongman, Jon) [Transferred from wvsd on 2/4/2021.] |
| Filing 27 CERTIFICATE OF SERVICE by Kent Wilichowski, Kimberly Wilichowski for Plaintiffs' Designation and Disclosure of General and Case-Specific Expert Witnesses. (Keith, Sean) [Transferred from wvsd on 2/4/2021.] |
| Filing 26 AMENDED NOTICE OF VIDEOTAPED DEPOSITION by Kent Wilichowski, Kimberly Wilichowski of Dr. Lawrence Schmitz on August 16, 2019 at 10:30 am (Keith, Sean) [Transferred from wvsd on 2/4/2021.] |
| Filing 25 CERTIFICATE OF SERVICE by Kent Wilichowski, Kimberly Wilichowski for Responses and Objections to Interrogatories and Requests for Production. (Keith, Sean) [Transferred from wvsd on 2/4/2021.] |
| Filing 24 AMENDED NOTICE OF VIDEOTAPED DEPOSITION by Kent Wilichowski, Kimberly Wilichowski of Dr. Lawrence Schmitz on August 2, 2019 at 10:30 am (Keith, Sean) [Transferred from wvsd on 2/4/2021.] |
| Filing 23 NOTICE OF DEPOSITION DUCES TECUM by Kent Wilichowski, Kimberly Wilichowski of Dr Dionysios Veronikis on July 28, 2019 at 10:30 am (Keith, Sean) [Transferred from wvsd on 2/4/2021.] |
| Filing 22 NOTICE OF VIDEOTAPED DEPOSITION by Kent Wilichowski, Kimberly Wilichowski of Dr. Lawrence Schmitz on August 9, 2019 at 10:30 am (Keith, Sean) [Transferred from wvsd on 2/4/2021.] |
| Filing 21 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Kent David Wilichowski on July 15, 2019 at 1:00 p.m. (Tanenbaum, Michael) [Transferred from wvsd on 2/4/2021.] |
| Filing 20 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Kimberly Wilichowski on July 15, 2019 at 10:00 a.m. (Tanenbaum, Michael) [Transferred from wvsd on 2/4/2021.] |
| Filing 19 RETURN OF SERVICE ON SUBPOENA for Dr. Lawrence Schmitz. (Keith, Sean) [Transferred from wvsd on 2/4/2021.] |
| Filing 18 RETURN OF SERVICE ON SUBPOENA for Dr. Dionysios Veronikis. (Keith, Sean) [Transferred from wvsd on 2/4/2021.] |
| Filing 17 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Interrogatories and Request for Production of Documents. (Tanenbaum, Michael) [Transferred from wvsd on 2/4/2021.] |
| Filing 16 NOTICE of Issuance of Subpoena Dr Dionysios Veronikis by Kent Wilichowski, Kimberly Wilichowski (Attachments: #1 Exhibit)(Keith, Sean) [Transferred from wvsd on 2/4/2021.] |
| Filing 15 NOTICE of Issuance of Subpoena Dr Schmitz by Kent Wilichowski, Kimberly Wilichowski (Attachments: #1 Exhibit)(Keith, Sean) [Transferred from wvsd on 2/4/2021.] |
| Filing 14 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Kimberly Wilchowski on July 10, 2019 at 2:00 p.m. (Keale, James) [Transferred from wvsd on 2/4/2021.] |
| Filing 13 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael A. Tanenbaum on behalf of Boston Scientific Corporation. (Tanenbaum, Michael) [Transferred from wvsd on 2/4/2021.] |
| Filing 12 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 2/4/2021.] |
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Filing 11
PRETRIAL ORDER # 208 (Docket Control Order - Boston Scientific Corp. Wave 7 Cases) The court ORDERS that the cases on Exhibits A and B are: (1) removed from the pending inactive docket; and (2) placed on the active docket. The court further ORDERS that: (1) The cases are no longer eligible for return to the inactive docket nor may notices of settlement be filed to relieve the parties from scheduling deadlines; (2) To the extent other defendants, in addition to Boston Scientific Corporation, are named in the cases on Exhibits A and B, the deadlines below also apply to them; (3) The Clerk will file this Docket Control Order in the main MDL and every case listed on Exhibits A and B become subject to the deadlines in this Docket Control Order; and (4) The following deadlines immediately apply in all Wave 7 cases with one important exception, as more fully set forth herein. Scheduling Deadlines. The following deadlines shall apply in all BSC Wave 7 cases: Plaintiff Fact Sheets due by 05/11/2019. Defendant Fact Sheets due by 05/20/2019. Deadline for written discovery requests due by 06/20/2019. Expert disclosures served by plaintiffs due by 08/19/2019. Expert disclosure served by defendants due by 09/18/2019. Expert disclosure served for rebuttal due by 09/25/2019. Deposition deadline and close of discovery due by 10/25/2019. Filing of dispositive motions due by 11/01/2019. Response to dispositive motions due by 11/15/2019. Reply to response to dispositive motions due by 11/22/2019. Filing of Daubert motions due by 11/04/2019. Responses to Daubert motions due by 11/18/2019. Reply to response to Daubert motions due by 11/25/2019. Confidential Documents. Issues related to sealing of confidential documents that the parties are unable to resolve, must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 9/20/2019, and any response is due by 10/03/2019. Any reply is due by 10/10/2019. Venue Recommendations. The parties shall meet and confer concerning the appropriate venue for each of the cases no later than 10/08/2019, the parties are ORDERED to file joint venue recommendations by 10/18/2019. The parties' joint recommendation(s) shall identify cases where venue is in dispute. Signed by Judge Joseph R. Goodwin on 5/1/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2326; BSC Wave 7 cases identified on Exhibits A and B) (kew) (ADI) [Transferred from wvsd on 2/4/2021.]
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Filing 10
ORDER The deadline to submit joint motions of dismissal is extended to 10/31/2018 for all cases in MDL 2326 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2326 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 8/15/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases on inactive docket) (lca) (ADI) [Transferred from wvsd on 2/4/2021.]
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Filing 9
INACTIVE DOCKET ORDER: The court has been advised that the plaintiff(s) and Boston Scientific Corporation have reached a settlement. The court ORDERS as follows: All discovery deadlines are continued until further order of the court. The Clerk is directed to place this case on the pending inactive docket. Plaintiff(s) and defendant(s) may submit an agreed order of dismissal with prejudice on or before 8/31/2018; if settlements are not finalized and dismissal orders are not submitted by then the Court will have a hearing to determine the appropriate action pertaining to any remaining cases on the inactive docket. Counsel for plaintiff(s) and defendant(s) are directed to provide quarterly reports as to their progress in dismissing cases on the inactive docket. The court will reinstate the case to the active docket if one of the parties show good cause for such reinstatement. This Order is related to the Proposed Inactive Docket Order filed at ECF No. 6410 in MDL Case No. 2326 Boston. Signed by Judge Joseph R. Goodwin on 7/20/2018. (cc: counsel of record; any unrepresented party) (kp) (ADI) [Transferred from wvsd on 2/4/2021.]
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Filing 8
PRETRIAL ORDER # 187 (Amended Docket Control Order - Boston Scientific Corp. Wave 4 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 175. 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 4 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; and 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 2326; BSC Wave 4 Cases) (kp) (ADI) [Transferred from wvsd on 2/4/2021.]
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Filing 7
PRETRIAL ORDER # 175 (Docket Control Order - Boston Scientific Corp. Wave 4 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING BOSTON SCIENTIFIC CORPORATION 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 4 cases") becomes subject to the deadlines in this Docket Control Order. The following deadlines apply in all Wave 4 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 4 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 2326; BSC Wave 4 Cases Listed on Exhibit A) (mek) (ADI) [Transferred from wvsd on 2/4/2021.]
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| Filing 6 PLAINTIFF PROFILE FORM filed by Kent Wilichowski, Kimberly Wilichowski. (Keith, Sean) [Transferred from wvsd on 2/4/2021.] |
| Filing 5 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon Strongman on 1/22/15. Boston Scientific Corporation waiver mailed on 1/19/2015, answer due 3/20/2015. (Strongman, Jon) [Transferred from wvsd on 2/4/2021.] |
| Filing 4 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 2/4/2021.] |
| Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Bonasso on behalf of Boston Scientific Corporation. (Bonasso, Michael) [Transferred from wvsd on 2/4/2021.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 118 (Order Scheduling Meetings in MDLs on January 29-30, 2015) entered on 12/18/2014 in MDL 2326 to attorneys in member case. (kw) [Transferred from wvsd on 2/4/2021.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-3583257. (Attachment: #1 Civil Cover Sheet) (ham) [Transferred from wvsd on 2/4/2021.] |
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