Margaret Lucero et al v. Boston Scientific Corporation
| Daniel Alvarez and Margaret Lucero |
| Boston Scientific Corporation |
| 2:2019cv03900 |
| May 3, 2019 |
| US District Court for the Central District of California |
| R Gary Klausner |
| Frederick F Mumm |
| Robert H Whaley |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 28, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 52
ORDER SETTING TELEPHONIC PRELIMINARY STATUS CONFERENCE by Judge Robert H. Whaley. The status conference scheduled for Monday, July 1, 2019, at 3:00 p.m. IT IS HEREBY ORDERED: Counsel for the parties shall appear telephonically on July 1, 2019, at 3:00 p.m. The parties shall call the Courts toll-free conference line at (888) 363-4749 and enter access code 6699898. Please listen carefully and follow the automated instructions so that you can be added to the conference in a timely manner. Cell phones and speaker phones are not compatible with the Courts sound system and may not be used. At the hearing, counsel for the parties shall be prepared to discuss the eight topics listed above and inform the Court of any other relevant issues that are not identified in this Order. SEE ORDER FOR DETAILS. (shb)
|
|
Filing 51
ORDER OF THE CHIEF JUDGE (#19-032) approved by Chief Judge Virginia A. Phillips. Pursuant to the directive of the Chief U.S. District Judge and in accordance with the rules of this Court, the following cases are Ordered transferred to the calendar of Judge Robert H. Whaley for all further proceedings: The case number will now reflect the initials of the transferee Judge 2:19-cv-03900 RHW(FFMx) (rn)
|
| Filing 50 Notice of Appearance or Withdrawal of Counsel: for attorney Bradley Raymond Fagnani counsel for Plaintiffs Daniel Alvarez, Margaret Lucero. Adding Bradley R. Fagnani as counsel of record for Margaret Lucero and Daniel Alvarez for the reason indicated in the G-123 Notice. Filed by Plaintiffs Margaret Lucero and Daniel Alvarez. (Attorney Bradley Raymond Fagnani added to party Daniel Alvarez(pty:pla), Attorney Bradley Raymond Fagnani added to party Margaret Lucero(pty:pla))(Fagnani, Bradley) |
| Filing 49 PROOF OF SERVICE filed by Plaintiffs Daniel Alvarez, Margaret Lucero, re Initial Order upon Filing of Complaint - form only #39 Standing Order Regarding Newly Assigned Cases served on 5/13/2019. (Lazar, Alan) |
| Filing 48 Notice of Appearance or Withdrawal of Counsel: for attorney Christina A Humphrey counsel for Plaintiff Daniel Alvarez. Christina A. Humphrey is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by plaintiff Christina A. Humphrey. (Humphrey, Christina) |
| Filing 47 RESPONSE filed by Pro Hac Vice attorney Matthew Keenan on behalf of Defendant Boston Scientific Corporation. RE: Notice of Filing Fee Due. PHV fee N/A. I am not appearing as an attorney of record in this case. (You will be removed as an attorney of record from the docket.) (ak) |
| Filing 46 RESPONSE filed by Pro Hac Vice attorney Jon Strongman on behalf of Defendant Boston Scientific Corporation. RE: Notice of Filing Fee Due. PHV fee N/A. I am not appearing as an attorney of record in this case. (You will be removed as an attorney of record from the docket.) (ak) |
| Filing 45 RESPONSE filed by Pro Hac Vice attorney James Keale on behalf of Defendant Boston Scientific Corporation. RE: Notice of Filing Fee Due. PHV fee N/A.I am not appearing as an attorney of record in this case. (You will be removed as an attorney of record from the docket.) (ak) |
| Filing 44 RESPONSE filed by Pro Hac Vice attorney Michael Bonasso on behalf of Defendant Boston Scientific Corporation. RE: Notice of Filing Fee Due. PHV fee N/A. I am not appearing as an attorney of record in this case. (You will be removed as an attorney of record from the docket.) (ak) |
| Filing 43 RESPONSE filed by Pro Hac Vice attorney Robert Adams on behalf of Defendant Boston Scientific Corporation. RE: Notice of Filing Fee Due. PHV fee N/A. I am not appearing as an attorney of record in this case. (You will be removed as an attorney of record from the docket.) (ak) |
| Filing 41 Notice of Appearance or Withdrawal of Counsel: for attorney Eva M Weiler counsel for Defendant Boston Scientific Corporation. Adding Eva M. Weiler as counsel of record for Boston Scientific Corporation for the reason indicated in the G-123 Notice. Filed by defendant Boston Scientific Corporation. (Attorney Eva M Weiler added to party Boston Scientific Corporation(pty:dft))(Weiler, Eva) |
| Filing 40 Notice of Appearance or Withdrawal of Counsel: for attorney Christina A Humphrey counsel for Plaintiff Margaret Lucero. Christina A. Humphrey is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by plaintiff Christina A. Humphrey. (Humphrey, Christina) |
| Filing 42 RESPONSE filed by Pro Hac Vice attorney Michael A Tanenbaum on behalf of Defendant Boston Scientific Corporation. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt) |
|
Filing 39
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (sw)
|
| Filing 38 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Michael Bonasso. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
| Filing 37 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Robert T. Adams. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
| Filing 36 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Michael A. Tanenbaum. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
| Filing 35 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Matthew D. Keenan. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
| Filing 34 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jon A. Strongman. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
| Filing 33 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney James H. Keale. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
| Filing 29 ORIGINAL file, certified copy of transfer order and docket sheet received from West Virginia Southern |
| Filing 32 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 31 NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Frederick F. Mumm. (lh) |
| Filing 30 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 2:12-cv-07866, from U.S. District Court Southern Distric of West Virginia (Charleston). The above-referenced case has been transferred to this district and assigned the above civil case number 2:19-cv-03900 RGK (FFMx). (lh) |
| Filing 28 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02326 - Boston Scientific Corporation. (Attachments: #1 ECF 200 - BSC's Master Answer to Pltfs' Master Long Form Complaint, #2 ECF 197 - Master Long Form Complaint and Jury Demand, #3 ECF 611 - Transcript of Status Conference, #4 ECF 6644 - Joint Venue Recommendations)(Strongman, Jon) [Transferred from West Virginia Southern on 5/7/2019.] |
|
Filing 27
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 05/01/2019 the cases identified on Exhibit A that are still pending shall be transferred to the United States District Courts identified on Exhibit A; on or before 4/30/2019 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 4/17/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 5/7/2019.]
|
| Filing 26 NOTICE of Joint Venue Recommendation by Daniel Alvarez, Margaret Lucero, Boston Scientific Corporation. (Lazar, Alan) (Modified on 4/12/2019 to add party filer) (mkw). [Transferred from West Virginia Southern on 5/7/2019.] |
|
Filing 25
ORDER The conferences scheduled for April 4 and 5, 2019, in the cases on Exhibits A and B are CANCELLED; the court ORDERS that by 4/15/2019, the parties file a joint document in each of the cases on Exhibits A and B identifying the proper remand or transfer court for each case on Exhibits A and B. Signed by Judge Joseph R. Goodwin on 3/19/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases on Exhibits A and B) (st) [Transferred from West Virginia Southern on 5/7/2019.]
|
|
Filing 24
ORDER The Order entered on 1/7/2019 is amended to change the date of the previously scheduled status conferences; directing that the individual plaintiffs whose cases are listed on Exhibits A and B and their counsel and counsel for Boston Scientific Corporation attend a status conference with the court as follows: 1. on Thursday, 4/4/2019 at 9:00 a.m. for the cases listed on Exhibit A; and 2. on Friday, 4/5/2019 at 9:30 a.m. for the cases listed on Exhibit B; any plaintiff who fails to comply with this Order may be subject to a substantial sanction, including dismissal with prejudice. Signed by Judge Joseph R. Goodwin on 1/25/2019. (cc: counsel of record; any unrepresented party) (rmc) [Transferred from West Virginia Southern on 5/7/2019.]
|
|
Filing 23
ORDER directing that individual plaintiffs whose cases are listed on Exhibits A and B and their counsel and Mike Tanenbaum, counsel for Boston Scientific Corporation, as well as leadership plaintiffs' counsel, Henry Garrard and Tom Cartmell, attend a settlement conference with the court as follows: 1. On 3/13/2019, beginning at 9:00 a.m. for the cases listed on Exhibit A; and 2. On 3/14/2019, beginning at 10:00 a.m. for the cases listed on Exhibit B; any plaintiff who fails to comply with this Order may be subject to a substantial sanction, including dismissal with prejudice. Signed by Judge Joseph R. Goodwin on 1/7/2019. (cc: attys; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibits A and B) (kab) [Transferred from West Virginia Southern on 5/7/2019.]
|
| Filing 22 RESPONSE by Boston Scientific Corporation in opposition to #21 MOTION by Daniel Alvarez, Margaret Lucero to Limit or Exclude Defendant's Expert Witnesses (Strongman, Jon) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 21 MOTION by Daniel Alvarez, Margaret Lucero to Limit or Exclude Defendant's Expert Witnesses. (Attachments: #1 Affidavit Declaration of Alan S. Lazar in Support of Plaintiffs' Motion to Limit and Exclude Defendant's Expert Witnesses, #2 Proposed Order Granting Plaintiffs' Motion to Limit and Exclude Defendant's Expert Witness)(Lazar, Alan) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 20 CERTIFICATE OF SERVICE by Daniel Alvarez for Response & Objections to Amended Notice of Deposition Duces Tecum. (Lazar, Alan) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 19 CERTIFICATE OF SERVICE by Margaret Lucero for Response & Objections to Amended Notice of Deposition Duces Tecum. (Lazar, Alan) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 18 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Daniel Alvarez Lucero on August 28, 2018 at 1:00 p.m. (Keale, James) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 17 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Margaret Lucero on August 28, 2018 at 10:00 a.m. (Keale, James) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 16 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Daniel Alvarez on August 30, 2018 at 1:00 p.m. (Keale, James) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 15 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Margaret Lucero on August 30, 2018 at 10:00 a.m. (Keale, James) [Transferred from West Virginia Southern on 5/7/2019.] |
|
Filing 14
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) (mek) (ADI) [Transferred from West Virginia Southern on 5/7/2019.]
|
| Filing 13 CERTIFICATE OF SERVICE by Margaret Lucero for First Set of Interrogatories, Requests for Production of Documents, and Requests for Admission. (Lazar, Alan) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 12 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Margaret Lucero on May 15, 2018 at 9:00 a.m. (Keale, James) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael A. Tanenbaum on behalf of Boston Scientific Corporation. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 5/7/2019.] |
|
Filing 10
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 West Virginia Southern on 5/7/2019.]
|
| Filing 9 PLAINTIFF PROFILE FORM filed by Margaret Lucero. (Lazar, Alan) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 8 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Matthew D. Keenan on behalf of Boston Scientific Corporation. (Keenan, Matthew) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Robert T. Adams on behalf of Boston Scientific Corporation. (Adams, Robert) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 6 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon A. Strongman/Partner on 11/30/2012. Boston Scientific Corporation waiver mailed on 11/29/2012, answer due 1/28/2013. (Strongman, Jon) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jon A. Strongman on behalf of Boston Scientific Corporation. (Strongman, Jon) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Bonasso on behalf of Boston Scientific Corporation. (Bonasso, Michael) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 3 TRANSMITTED PRETRIAL ORDER #23 (Plaintiffs' Motion to Compel Protegen Documents) entered on 11/15/2012 in MDL 2326 to attorneys in member case. (jap) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 2 ELECTRONIC SUMMONS ISSUED as to 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). (gjb) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 9425-2087698. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A to Short Form Complaint) (gjb) [Transferred from West Virginia Southern on 5/7/2019.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
