Barbara Ryan et al v. Boston Scientific Corporation
| Barbara Ryan and Robert Ryan |
| Boston Scientific Corporation |
| Richard T. Copeland |
| 2:2019cv03913 |
| May 3, 2019 |
| US District Court for the Central District of California |
| Percy Anderson |
| Charles F Eick |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 1, 2019. A more recent docket listing may be available from PACER.
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| Filing 86 NOTICE of Voluntary Dismissal filed by defendant Boston Scientific Corporation. Dismissal is without prejudice. (Weiler, Eva) |
| Filing 85 MINUTES OF TELEPHONIC STATUS CONFERENCE held before Judge Percy Anderson. Counsel inform the Court that the matters have settled. Counsel are reminded that pretrial documents are due on July 5, 2019 and the case will proceed as scheduled unless a dismissal is filed or a settlement is placed on the record. Court Reporter: Marea Woolrich. (mrgo) |
Filing 84
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson. The Court has been advised by counsel that this matter has settled. The parties have ten (10) days from the date of this order or until the next scheduled court appearance, whichever is shorter, to file with the court a dismissal of the action or to appear, in-person or telephonically with their clients, to place the settlement on the record. (mrgo)
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Filing 83
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. During the status conference conducted on June 13, 2019, the Court and counsel discussed the format for how the parties would provide the Court with notice of MDL Court's prior orders and rulings on matters that the parties expect will be issues in these cases pertaining to particular claims, defenses, rulings on Motions in Limine, evidentiary issues, disputed jury instructions, and the admissibility of each contemplated opinion of the expert witnesses the parties intend to present. The parties shall file two documents, one in Hernandez and one in Ryan, by no later than July 5, 2019. (See document for details) (mrgo)
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| Filing 82 MINUTES OF STATUS CONFERENCE held before Judge Percy Anderson. Court and counsel confer regarding the status of the case, discovery, expert witnesses, and voir dire process. Court Reporter: Phyllis Preston. (mrgo) |
| Filing 81 STATUS REPORT of CLAIMS AND DEFENSES filed by Defendant Boston Scientific Corporation. (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, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U)(Weiler, Eva) |
| Filing 80 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Richard T. Copeland has been assigned to serve as Panel Mediator. (mb) |
| Filing 79 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Richard Copeland may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. All parties and the Panel Mediator have agreed that the mediation will be held on 6/26/2019 and counsel will submit mediation statements seven (7) calendar days before the session. Filed by Plaintiffs Barbara Ryan, Robert Ryan(Fagnani, Bradley) |
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Filing 78
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. To assist the Court in performing its gatekeeper function under Daubert, any party seeking to offer expert testimony in its case-in-chief, shall file a written proffer of the expert's opinions, with citations to the expert witness disclosure for each such opinion. The written proffer shall be filed no later than 12:00 p.m. on July 5, 2019. (See document for details) (mrgo)
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Filing 77
MINUTES (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #19 Motion to Exclude; #28 Motion to Exclude. The Court has reviewed the briefing on the "Omnibus" Motion to Exclude Defendant's Expert Witnesses and the "Second" Motion to Exclude Defendant's Expert Witnesses filed in both of these actions while they were still pending in the MDL Court. The MDL Court did not rule on either of those Motions before the actions were transferred to this Court. The counsel involved in these actions are engaged in numerous such cases and have a substantial understanding of the positions and opinions that these expert witnesses are likely to possess. Under these circumstances, the Court concludes that the situation does not justify the striking or exclusion of defendants expert witnesses and that defendant's failure to timely disclose its expert witness was substantially justified or harmless. The Court therefore denies plaintiffs' Motions to Exclude Defendant's Expert Witnesses. The parties shall, no later than 12:00 p.m. on June 12, 2019, file a further status report detailing the specific claims and defenses (including affirmative defenses) that they intend to present in the trials of these actions. (See document for further details) (mrgo)
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Filing 74
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The Court previously set a deadline of June 17, 2019 as the last day for the parties to conduct a settlement conference. The Court extends the last day to conduct a settlement conference to July 1, 2019. The parties shall, no later than June 10, 2019, select a mediator or contact the Court's ADR Program at (213) 894-2993 to have a panel mediator assigned for them. Alternatively, the parties must file a notice of election to use the services of a private mediator identifying the name of the mediator they have selected by June 10, 2019. (mrgo)
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Filing 76
ORDER GRANTING CONTINUANCE OF STATUS CONFERENCE by Judge Percy Anderson, re Stipulation to Continue #73 . (Status Conference continued to 6/13/2019 at 11:00 AM before Judge Percy Anderson.) (mrgo)
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Filing 75
ORDER/REFERRAL to ADR Procedure No 2 by Judge Percy Anderson. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than July 1, 2019. (mrgo)
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| Filing 73 Joint STIPULATION to Continue Status Conference from June 7, 2019 to June 13, 2019 or June 14, 2019 filed by defendant Boston Scientific Corporation. (Attachments: #1 Proposed Order)(Weiler, Eva) |
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Filing 71
TEXT ONLY ORDER (IN CHAMBERS) by Judge Percy Anderson: The Status Conference, set for 6/3/2019, at 10:30 AM, is hereby taken OFF-CALENDAR. No appearances necessary on 6/3/2019. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre)
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Filing 72
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The status conference is reset to June 7, 2019, at 11:00 a.m. Counsel shall appear on this new date and time. (mrgo)
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| Filing 70 Notice of Appearance or Withdrawal of Counsel: for attorney James A Morris, Jr counsel for Plaintiffs Barbara Ryan, Robert Ryan. Adding James A. Morris, Jr. as counsel of record for Plaintiffs Barbara Ryan and Robert Ryan for the reason indicated in the G-123 Notice. Filed by Plaintiffs Barbara Ryan and Robert Ryan. (Attorney James A Morris, Jr added to party Barbara Ryan(pty:pla), Attorney James A Morris, Jr added to party Robert Ryan(pty:pla))(Morris, James) |
| Filing 69 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance, #68 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) |
| Filing 68 First NOTICE of Appearance filed by attorney Bradley Raymond Fagnani on behalf of Plaintiffs Barbara Ryan, Robert Ryan (Attorney Bradley Raymond Fagnani added to party Barbara Ryan(pty:pla), Attorney Bradley Raymond Fagnani added to party Robert Ryan(pty:pla))(Fagnani, Bradley) |
| Filing 67 NOTICE OF ERRATA filed by Defendant Boston Scientific Corporation. correcting Status Report #66 (McLaughlin, Victoria) |
| Filing 66 STATUS REPORT JOINT filed by Defendant Boston Scientific Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Weiler, Eva) |
| Filing 65 STATUS REPORT JOINT filed by Defendant Boston Scientific Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Weiler, Eva) |
| Filing 64 Notice of Appearance or Withdrawal of Counsel: for attorney Christina A Humphrey counsel for Plaintiff Robert Ryan. 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 63 DESIGNATION OF COUNSEL filed by Plaintiffs Barbara Ryan, Robert Ryan (Bradley, Marcus) |
| Filing 62 DESIGNATION OF COUNSEL filed by Plaintiffs Barbara Ryan, Robert Ryan (Grombacher, Kiley) |
| Filing 61 MINUTES OF TELEPHONIC STATUS CONFERENCE held before Judge Percy Anderson. Counsel shall provide the Court with copies of orders issued by the MDL Judge. Orders should be provided in a binder along with a table of contents. A status conference remains on calendar for June 3, 2019, at 10:30 a.m. Court Reporter: Phyllis Preston. (mrgo) |
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Filing 60
AMENDED CIVIL TRIAL SCHEDULING ORDER [FED. R. CIV. P. 16(b)] ORDER by Judge Percy Anderson, re Order #52 . Final Pretrial Conference set for July 19, 2019, at 1:30 p.m. Jury Trial set for August 13, 2019, at 9:00 a.m. (mrgo)
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Filing 59
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. Consistent with the MDL Court's request that this Court to "set [this] case for trial immediately," the Court advances the trial and pretrial dates set in its May 8, 2019 Minute Order. The dates set by the Court in this action are listed in the "Schedule of Trial and Pretrial Dates" attached to this order. (Exhibit List due by 7/5/2019. Witness List due by 7/5/2019. Motions in Limine to be filed by 7/19/2019. Proposed Pretrial Order due by 7/5/2019. The parties are ordered to meet and confer no later than May 17, 2019, to discuss case management and scheduling issues. Joint Status Report due by 5/20/2019. Final Pretrial Conference advanced to 7/19/2019 at 01:30 PM before Judge Percy Anderson. Jury Trial advanced to 8/13/2019 at 09:00 AM before Judge Percy Anderson.) (mrgo)
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| Filing 58 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. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt) |
| Filing 57 RESPONSE filed by Pro Hac Vice attorney Michael A Tanenbaum on behalf of Defendant Boston Scientific Corporation. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt) |
| Filing 56 RESPONSE filed by Pro Hac Vice attorney Jon A Strongman on behalf of Defendant Boston Scientific Corporation. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt) |
| Filing 55 RESPONSE filed by Pro Hac Vice attorney James H Keale on behalf of Defendant Boston Scientific Corporation. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt) |
| Filing 54 RESPONSE filed by Pro Hac Vice attorney Eric M Anielak on behalf of Defendant Boston Scientific Corporation. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt) |
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Filing 53
TEXT ONLY ENTRY ORDER by Judge Percy Anderson Telephone Conference set for 5/14/2019 at 11:00 AM before Judge Percy Anderson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY
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Filing 52
CIVIL TRIAL SCHEDULING ORDER [FED. R. CIV. P. 16(b)] by Judge Percy Anderson. (lom)
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| Filing 51 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 50 Notice of Appearance or Withdrawal of Counsel: for attorney Christina A Humphrey counsel for Plaintiff Barbara Ryan. 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 48 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. (ghap) |
| Filing 47 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. (ghap) |
| Filing 46 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. (ghap) |
| Filing 45 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. (ghap) |
| Filing 44 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Eric M Anielak. 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. (ghap) |
| Filing 43 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 42 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Charles F. Eick. (ghap) |
| Filing 41 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 2:13-cv-11213-JRG, from Southern District of West Virginia (Charleston). The above-referenced case has been transferred to this district and assigned the above civil case number 2:19-cv-3913-PA(Ex). (ghap) |
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Filing 49
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The Court is in receipt of the transfer order issued by the MDL Court for the United States District Court for the Southern District of West Virginia. The MDL Court has encouraged this Court to set [this] case for trial immediately. Pursuant to the MDL Court's Pretrial Order # 208, the MDL Court has set certain pretrial, discovery, and motion deadlines. The Court adopts the deadlines established by the MDL Court. Specifically, the Court sets the following deadlines. See document for dates. Additional dates set by the Court in this action are listed in the Schedule of Trial and Pretrial Dates" attached to this order. The dates set by the Court are firm dates The parties are ordered to meet and confer no later than May 17, 2019, to discuss case management and scheduling issues. Following their meeting, the parties shall file a Joint Status Report by no later than May 20, 2019. The Joint Status Report shall include a description of the settlement efforts the parties have already made, if any, and their proposals for additional settlement procedures. Once the Court receives the Joint Status Report, this Court will order the parties to participate in an ADR procedure pursuant to Local Rule 16-15.4. The Court sets a status conference for June 3, 2019, at 10:30 a.m. See document for details. (lom) Modified on 5/9/2019 (lom).
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Filing 40
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (mrgo)
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| Filing 39 ORIGINAL file, certified copy of transfer order and docket sheet received from West Virginia Southern |
| Filing 38 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02326 - Boston Scientific Corporation. (Attachments: #1 ECF 197 - Master Long Form Complaint And Jury Demand, #2 ECF 200 - BSCS Master Answer To Plaintiffs Master Long Form Complaint, #3 ECF 611 - Transcript Of Proceedings Of 12/4/13 Status Conference Discussing Work-Up Of Wave Cases., #4 ECF 6644 - Joint Venue Recommendations for Wave 4 Cases, #5 ECF 4805 - Defendant Boston Scientific Corporations Memorandum Of Law In Support Of Its Motion To Exclude The Opinions And Testimony Of Jimmy W. Mays. Ph.D., #6 ECF 7065 - Plaintiffs Notice Of Adoption Of Prior Daubert Response Of Dr. Jimmy Mays For Wave 4 Cases, #7 ECF 7033 - Plaintiffs Notice Of Adoption Of Prior Daubert Response Of Jimmy W. Mays, Ph.D. For Boston Scientific Wave 4, #8 ECF 7010 - Boston Scientifics Notice Of Adoption Of Prior Daubert Motion To Exclude The Opinions Of Jimmy Mays, Ph.D., #9 ECF 4963 - Plaintiffs In Opposition To Boston Scientific Corporations Motion To Exclude The Opinions Testimony Of Richard Trepeta, M.D., #10 ECF 4811 - Boston Scientific Corporations Motion To Exclude The Opinions And Testimony Of Richard W. Trepeta, M.D. And Memorandum In Support., #11 ECF 7049 - Plaintiffs Notice Of Adoption Of Prior Daubert Response Of Dr. Richard Trepeta For Wave 4 Cases, #12 ECF 7005 - Boston Scientific Corporations Notice Of Adoption Of Prior Daubert Motion To Exclude Richard Trepeta, Md, #13 ECF 6050 - Boston Scientific Corporations MDL Memo Opinion And Order Re Daubert Motion Re Dr. Richard Trepeta, #14 ECF 7175 - Boston Scientific Corporations Reply In Support Of Motion To Exclude General Causation Testimony Of Bruce Rosenzweig, #15 ECF 7085 - Plaintiffs Response And Memo To BSCs MTE General Causation Testimony Of Bruce Rosenzweig, Md, #16 ECF 7011 - Boston Scientific Corporations Motion To Exclude General Causation Testimony Of Bruce Rosenzweig, Md, #17 ECF 6039 - Boston Scientific Corporations MDL Memo Opinion And Order Re Daubert Motion Re Dr. Bruce Rosenzweig, #18 ECF 7067 - Boston Scientific Corporations Notice Of Adoption Of Prior Daubert Responses Of Stephen Badylak, Ph.D., #19 ECF 6984 - Plaintiffs Notice Of Adoption Of Prior Daubert Motion Of Dr. Stephen Badylak For Wave 4 Cases, #20 ECF 5033 - Plaintiffs Reply To Defendants Response To Plaintiffs Motion To Exclude The Opinions And Testimony Of Stephen F. Badylak, D.V.M., Ph.D., M.D, #21 ECF 4976 - Boston Scientific Corporations Opposition To Plaintiffs Motion To Exclude The Opinions And Testimony Of Stephen F. Badylak, D.V.M., Ph.D., M.D, #22 ECF 4826 - Plaintiffs Motion And Memorandum Of Law In Support Of Their Motion To Exclude The Opinions And Testimony Of Stephen F. Badylak, D.V.M., Ph.D., M.D part 1, #23 ECF 4826 - Plaintiffs Motion And Memorandum Of Law In Support Of Their Motion To Exclude The Opinions And Testimony Of Stephen F. Badylak, D.V.M., Ph.D., M.D part 2, #24 ECF 7004 - Plaintiffs Combined Motion And Memorandum Of Law To Exclude The Opinions And Testimony Of Steven Spiegelberg, Ph.D. And Memorandum In Support, #25 ECF 7088 - Boston Scientific Corporations Response in Opposition to Pltf's Motion to Exclude Testimony of Stephen Spiegelberg, PhD, #26 ECF 7160 - 2018-11-01 - Pltf's Reply in Support of Motion to Exclude Testimony of Stephen Spiegelberg, PhD, #27 ECF 5034 - Plaintiffs Reply To Defendants Response To Plaintiffs Motion To Exclude The Opinions And Testimony Of Steven R. Little, Ph. D., #28 ECF 4979 - Response In Opposition To Plaintiffs Motion To Exclude The Opinions And Testimony Of Steven R. Little, Ph.D., #29 ECF 4825 - Plaintiffs Motion And Memorandum Of Law In Support Of Their Motion To Exclude The Opinions And Testimony Of Steven R. Little, Ph.D., #30 ECF 4825 - Exhibit 1, #31 ECF 4825 - Exhibit 2 part 1, #32 ECF 4825 - Exhibit 2 part 2, #33 ECF 4825 - Exhibit 3, #34 ECF 4825 - Exhibit 4, #35 ECF 4825 - Exhibit 5, #36 ECF 7066 - Defendant Boston Scientific Corporations Notice Of Adoption Of Prior Daubert Response Of Steven R. Little, Ph.D., #37 ECF 6995 - Plaintiffs Notice Of Adoption Of Prior Daubert Motion And Reply Briefing As To Dr. Steven Little For BSC Wave 4., #38 ECF 4831 - Motion and Memorandum in Support of Plaintiffs Motion to Exclude Certain Opinions and Testimony of Dr. Ricardo Caraballo, #39 ECF 4973 - Memorandum in Opposition to Plaintiffs Motion to Exclude Certain Opinions and Testimony of Dr. Ricardo Caraballo, #40 ECF 5029 - Plaintiffs Reply to Boston Scientific Corporations Opposition to Plaintiffs Motion to Exclude Certain Opinions and Testimony of Dr. Ricardo Caraballo, #41 ECF 7000 - Plaintiffs Notice of Adoption of Prior Daubert Motion of Dr. Ricardo Caraballo for Wave 4 Cases, #42 ECF 7063 - Boston Scientific Corporations Notice of Adoption of Prior Daubert Response of Ricardo Caraballo, M.D., #43 ECF 6042 - Memorandum Opinion and Order (Daubert Motion re: Dr. Ricardo Caraball, M.D.), #44 ECF 6044 - Memorandum Opinion and Order (Daubert Motion re: Dr. Steven R Little, Ph.D.), #45 ECF 6049 - Memorandum Opinion and Order (Daubert Motion re: Dr. Steven Spiegelberg, Ph.D))(Lazar, Alan) [Transferred from West Virginia Southern on 5/7/2019.] |
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Filing 37
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) (kp) [Transferred from West Virginia Southern on 5/7/2019.]
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| Filing 36 JOINT VENUE RECOMMENDATION by Barbara Ryan, Robert Ryan, Boston Scientific Corporation (Lazar, Alan) (Modified on 4/12/2019 to add party filer)(mk). [Transferred from West Virginia Southern on 5/7/2019.] |
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Filing 35
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.]
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Filing 34
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.]
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Filing 33
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.]
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| Filing 32 REPLY by Barbara Ryan, Robert Ryan to #31 Response In Opposition (Attachments: #1 Declaration of Alan Lazar, #2 Exhibit A to Declaration of Alan S. Lazar)(Lazar, Alan) (Modified on 1/4/2019 to convert event to reply to response)(rmc) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 31 RESPONSE by Boston Scientific Corporation in opposition to #28 SECOND MOTION by Barbara Ryan, Robert Ryan to Exclude and Limit Expert Witnesses Pursuant to Rule 37(C) (Anielak, Eric) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 30 OPPOSITION by Barbara Ryan, Robert Ryan to #29 Objections (Lazar, Alan) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 29 OBJECTIONS by Boston Scientific Corporation to #26 Order(Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Strongman, Jon) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 28 SECOND MOTION by Barbara Ryan, Robert Ryan to Exclude and Limit Expert Witnesses Pursuant to Rule 37(C). (Attachments: #1 Affidavit, #2 Exhibit A to Declaration of Alan S. Lazar, #3 Exhibit B to Declaration of Alan S. Lazar, #4 Exhibit C to Declaration of Alan S. Lazar, #5 Exhibit D to Declaration of Alan S. Lazar, #6 Exhibit E to Declaration of Alan S. Lazar, #7 Exhibit F to Declaration of Alan S. Lazar, #8 Exhibit G to Declaration of Alan S. Lazar, #9 Proposed Order)(Lazar, Alan)(mk). [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 27 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Amended Rule 26 Designation and Disclosure of Expert Witnesses. (Anielak, Eric) [Transferred from West Virginia Southern on 5/7/2019.] |
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Filing 26
ORDER denying #22 MOTION by Boston Scientific Corporation to Compel Plaintiff's Attendance At Deposition By November 30, 2018 Or, In the Alternative, Motion to Dismiss, for reasons more fully set forth herein. Signed by Magistrate Judge Cheryl A. Eifert on 11/28/2018. (cc: counsel of record; any unrepresented party) (brn) [Transferred from West Virginia Southern on 5/7/2019.]
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| Filing 25 REPLY by Boston Scientific Corporation to #24 Opposition. (Anielak, Eric) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 24 OPPOSITION by Barbara Ryan, Robert Ryan to #22 MOTION by Boston Scientific Corporation to Compel Plaintiff's Attendance At Deposition By November 30, 2018 Or, In the Alternative, Motion to Dismiss (Attachments: #1 Affidavit Declaration of Alan S. Lazar in Support of Opposition to Defendants Motion to Compel Deposition of Plaintiff, #2 Exhibit A to Declaration of Alan S. Lazar, #3 Exhibit B to Declaration of Alan S. Lazar, #4 Exhibit C to Declaration of Alan S. Lazar)(Lazar, Alan) [Transferred from West Virginia Southern on 5/7/2019.] |
| MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: #22 MOTION by Boston Scientific Corporation to Compel Plaintiff's Attendance At Deposition By November 30, 2018 Or, In the Alternative, Motion to Dismiss. (lca) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 23 MEMORANDUM by Boston Scientific Corporation in support of #22 MOTION by Boston Scientific Corporation to Compel Plaintiff's Attendance At Deposition By November 30, 2018 Or, In the Alternative, Motion to Dismiss (Anielak, Eric) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 22 MOTION by Boston Scientific Corporation to Compel Plaintiff's Attendance At Deposition By November 30, 2018 Or, In the Alternative, Motion to Dismiss (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Anielak, Eric) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 21 REPLY by Barbara Ryan, Robert Ryan to Defendant's #20 Response in Opposition to Plaintiffs' Motion to Strike and Exclude Defendant's Expert Witnesses Pursuant to Rule 37(C). (Attachments: #1 Affidavit Supplemental Declaration of Alan Lazar ISO Reply, #2 Exhibit A to Declaration, #3 Exhibit B to Declaration, #4 Exhibit C to Declaration, #5 Exhibit D to Declaration)(Lazar, Alan) (Modified on 11/13/2018 to correct link to #20 response in opposition)(rmc) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 20 RESPONSE by Boston Scientific Corporation in opposition to #19 MOTION by Barbara Ryan, Robert Ryan to Strike and Exclude Defendant's Expert Witnesses Pursuant to Rule 37(C) (Attachments: #1 Exhibit A, #2 Exhibit B)(Strongman, Jon)[Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 19 MOTION by Barbara Ryan, Robert Ryan to Strike and Exclude Defendants Expert Witnesses Pursuant to Rule 37(C). (Attachments: #1 Affidavit Declaration of Alan S. Lazar in Support of Plaintiffs Motion to Strike and Exclude Defendants Expert Witnesses, #2 Exhibit A to Declaration of Alan S. Lazar, #3 Exhibit B to Declaration of Alan S. Lazar, #4 Exhibit C to Declaration of Alan S. Lazar, #5 Proposed Order Granting Plaintiffs Motion to Strike and Exclude Defendants Expert Witnesses)(Lazar, Alan) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 18 CERTIFICATE OF SERVICE by Barbara Ryan for Rule 26 Designation and Disclosure of Expert Witnesses. (Lazar, Alan) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 17 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Rule 26(a)(2) Expert Testimony Disclosures. (Anielak, Eric) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 16 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Barbara Ryan on 10/1/2018 at 12:00 p.m. (Keale, James) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 15 CERTIFICATE OF SERVICE by Barbara Ryan, Robert Ryan for Rule 26 Designation and Disclosure of Expert Witnesses. (Lazar, Alan) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 14 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Robert Ryan on September 10, 2018 at 1:00 p.m. (Keale, James) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 13 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Barbara Ryan on September 10, 2018 at 10:00 a.m. (Keale, James) [Transferred from West Virginia Southern on 5/7/2019.] |
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Filing 12
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) (klc) (ADI) [Transferred from West Virginia Southern on 5/7/2019.]
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| Filing 11 CERTIFICATE OF SERVICE by Barbara Ryan 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 10 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Barbara Ryan on May 18, 2018 at 9:00 a.m. (Keale, James) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 9 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.] |
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Filing 8
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) (ts) (ADI) [Transferred from West Virginia Southern on 5/7/2019.]
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| Filing 7 PLAINTIFF PROFILE FORM filed by Barbara Ryan. (Lazar, Alan) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 6 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon A. Strongman/Partner on 06/14/2013. Boston Scientific Corporation waiver mailed on 6/3/2013, answer due 8/2/2013. (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 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). (mmw) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 45 (Plaintiffs' Request to Modify Stipulated Pretrial Orders to Allow Access and Exchange of Confidential Information Among MDLs) entered on 05/09/2013 in MDL 2326 to attorneys in member case. (jap) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2414084. (Attachment: #1 Civil Cover Sheet, #2 Exhibit A) (cwm) [Transferred from West Virginia Southern on 5/7/2019.] |
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