Cindy Herrera et al v. Boston Scientific Corporation
| Cindy Herrera and Louis Herrera |
| Boston Scientific Corporation, C R Bard Inc, Johnson & Johnson and Ethicon Inc |
| 2:2019cv03945 |
| May 6, 2019 |
| US District Court for the Central District of California |
| Patrick J Walsh |
| John F Walter |
| Robert H Whaley |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 3, 2019. A more recent docket listing may be available from PACER.
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| Filing 75 Notice of Appearance or Withdrawal of Counsel: for attorney Alan Steven Lazar counsel for Plaintiffs Cindy Herrera, Louis Herrera. Craig S. Pynes 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 Cindy Herrera. (Lazar, Alan) |
| Filing 74 MINUTES OF TELEPHONIC SCHEDULING CONFERENCE held before Judge Robert H. Whaley. Court and Counsel confer. Court summarizes ruling. Jury instructions and Trial Briefs due July 15, 2019. Witness list, exhibit list and deposition testimony due July 22, 2019. Objections due July 26, 2019. Replies due August 1, 2019. Motions in Limine due August 8, 2019. Replies due August 12, 2049. PTC will be scheduled later. See order for further details. Court Reporter: Allison Anderson (From Eastern District of Washington). (shb) |
Filing 73
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)
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Filing 72
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-03945 RHW(PJWx). (rn)
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| Filing 71 Notice of Appearance or Withdrawal of Counsel: for attorney Bradley Raymond Fagnani counsel for Plaintiffs Cindy Herrera, Louis Herrera. Filed by Plaintiffs Cindy Herrera and Louis Herrera. (Attorney Bradley Raymond Fagnani added to party Cindy Herrera(pty:pla), Attorney Bradley Raymond Fagnani added to party Louis Herrera(pty:pla))(Fagnani, Bradley) |
| Filing 70 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 69 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #65 , Miscellaneous Document #66 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel (G-123). See courts website for form: Notice of Appearance or Withdrawal of Counsel (G-123). When efiling, use the search feature and search by form title and/or number. It is important that you use the correct event as it is viewed by Attorney Admissions. 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. (lom) |
| Filing 68 PROOF OF SERVICE filed by Plaintiffs Cindy Herrera, Louis Herrera, re Initial Order upon Filing of Complaint - form only #60 Standing Order served on 5/13/2019. (Lazar, Alan) |
| Filing 67 Notice of Appearance or Withdrawal of Counsel: for attorney Christina A Humphrey counsel for Plaintiff Louis Herrera. 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 66 DESIGNATION OF COUNSEL filed by Plaintiffs Cindy Herrera, Louis Herrera (Bradley, Marcus) |
| Filing 65 DESIGNATION OF COUNSEL filed by Plaintiffs Cindy Herrera, Louis Herrera (Grombacher, Kiley) |
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Filing 64
MINUTES (IN CHAMBERS) ORDER REQUIRING JOINT STATUS REPORT by Judge John F. Walter. The parties are ordered to meet and confer no later than May 20, 2019, to discuss case management and scheduling issues. Following their meeting, the parties shall file a Joint Status Report by no later than May 24, 2019. (iv)
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| Filing 63 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 62 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 61 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) |
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Filing 60
STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. (iv)
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| Filing 59 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 58 Notice of Appearance or Withdrawal of Counsel: for attorney Christina A Humphrey counsel for Plaintiff Cindy Herrera. 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 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. I am not appearing as an attorney of record in this case. (You will be removed as an attorney of record from the docket) (lom) |
| Filing 56 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. (car) |
| Filing 55 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. (car) |
| Filing 54 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. (car) |
| Filing 53 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. (car) |
| Filing 52 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 51 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Patrick J. Walsh. (car) |
| Filing 50 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 2:13-cv-02026, from United States District Court 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-003945-JFW-PJW. (car) |
| Filing 49 ORIGINAL file, certified copy of transfer order and docket sheet received from West Virginia Southern |
| Filing 48 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02326 - Boston Scientific Corporation. (Attachments: #1 ECF 200-BSC Master Answer to Plaintiff's Mater Long Form Complaint, #2 ECF 611-ranscript of Status Conference, #3 6644-Joint Venue Recommendations, #4 ECF 4833-Pltf's Motion to Exclude Testimony of Peter Rosenblatt, MD, #5 ECF 4978-Memo in Opp to Pltf's Motion to Exclude Testimony of Dr. Peter Rosenblatt, #6 ECF 5039-Pltf's Reply Brief in Support of Motion to Exclude Testimony of Peter Rosenblatt, MD, #7 ECF 7061-BSC's Notice of Adoption of Prior Daubert Response of Peter Rosenblatt, MD, #8 ECF 6986-Pltf's Notice of Adoption of Prior Daubert Motion of Dr. Peter Rosenblatt for Wave 4 Cases, #9 ECF 7159- Pltf's Notice of Adoption of Prior Daubert Reply in Wave 4 Cases for Dr. Lonny Green, #10 ECF 7055-BSC's Notice of Adoption of Prior Daubert Response of Lonny Green, MD, #11 ECF 6994-Pltf's Notice of Adoption of Prior Daubert Motion of Dr. Lonny Green for Wave 4 Cases, #12 ECF 1010-Pltf's Memo in Support of Joint Motion to Limit Testimony of Lonny Green, MD, #13 ECF 67-BSC's Opposition to Pltf's Motion to Exclude the Testimony of Dr. Green, #14 ECF 92-Pltf's Reply in Support of Motion to Limit Testimony of Lonny Green, MD, #15 ECF 7067-BSC's Notice of Adoption of Prior Daubert Response of Stephen Badylak, PhD, #16 ECF 6984-Pltf's Notice of Adoption of Prior Daubert Motion of Dr. Stephen Badylak for Wave 4 Cases, #17 ECF 5033-Pltf's Reply to Deft's Response to Pltf's Motion to Exclude Testimony of Dr. Stephen Badylak, #18 ECF 4976-BSC's Opp to Pltf's Motion to Exclude Testimony of Stephen Badylak, BVM, PhD, MD, #19 ECF 4826-Pltf's Motion and Memo of Law in Support of Motion to Exclude Testimony of Stephen Badylak, DVM, #20 ECF 7004-Pltf's Motion and Memo to Exclude Opinions and Testimony of Stephen Spiegelberg, PhD, #21 ECF 7088-BSC's Response in Opposition to Pltf's Motion to Exclude Testimony of Stephen Spiegelberg, PhD, #22 ECF 7160-Pltf's Reply in Support of Motion to Exclude Testimony of Stephen Spiegelberg, PhD, #23 ECF 5034-Pltf's Reply to Deft's Response to Pltf's Motion to Exclude Testimony of Steven Little, PhD, #24 ECF 4979-Response in Opp to Pltf's Motion to Exclude Testimony of Steven Little, PhD, #25 ECF 4825-Pltf's Motion and Memo of Law in Support of Motion to Exclude Testimony of Steven Little, PhD, #26 ECF 7066-BSC's Notice of Adoption of Prior Daubert Response of Steven Little, PhD, #27 ECF 6995-Pltf's Notice of Adoption of Prior Daubert Motion of Dr. Steven Little for Wave 4 Cases, #28 ECF 4819-BSC's Motion to Strike and Exclude Testimony of Vladimir Iakovlev, MD, #29 ECF 4959-Pltf's Response to BSC's Motion to Exclude Testimony of Vladimir Iakovlev, MD, #30 ECF 6033-Memo Opinion and Order re Daubert Motion re Dr. Vladimir Iakovlev, #31 ECF 7050- Pltf's Notice of Adoption of Prior Daubert Response of Dr. Vladimir Iakovlev for Wave 4 Cases, #32 ECF 7018-BSC's Notice of Adoption of Prior Daubert Motion to Exclude Peggy Pence, PhD, #33 ECF 4815-BSC's Motion to Exclude Testimony of Peggy Pence, PhD and Memo in Support, #34 ECF 4968-Pltf's Response in Opposition to BSC's Motion to Exclude Testimony of Peggy Pence, PhD, #35 ECF 7036-Pltf's Notice of Adoption of Prior Daubert Response of Peggy Pence, PhD for BSC Wave 4, #36 ECF 7047-Pltf's Notice of Adoption of Prior Daubert Response of Dr. Peggy Pence for Wave 4 Cases, #37 ECF 4972- Pltf's Memo in Opposition to Deft's Motion to Exclude Testimony of Pltf's Expert Jimmy Mays, PhD, #38 ECF 4805-BSC's Memo of Law in Support of Testimony of Jimmy Mays, PhD, #39 ECF 7065-Pltf's Notice of Adoption of Prior Daubert Response of Dr. Jimmy Mays for Wave 4 Cases, #40 ECF 7033-Pltf's Notice of Adoption of Prior Daubert Response of Jimmy Mays, PhD for BSC Wave 4, #41 ECF 7010-BSC's Notice of Adoption of Prior Daubert Motion to Exclude Jimmy Mays PhD, #42 ECF 4962-Pltf's Opposition to BSC's Motion and Memo in Support to Exclude Testimony of Jerry Blaivas, MD, #43 ECF 4822-BSC's Motion and Memo in Support to Exclude Testimony of Jerry Blaivas, MD, #44 ECF 7042-Pltf's Notice of Adoption of Prior Daubert Response of Dr. Jerry Blaivas for Wave 4 Cases, #45 ECF 7022-BSC's Notice of Adoption of Prior Daubert Motion of Dr. Jerry Blaivas for Wave 4 Cases)(Strongman, Jon) [Transferred from West Virginia Southern on 5/6/2019.] |
| Filing 47 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02326 - Boston Scientific Corporation. (Attachments: #1 ECF-6047 Memo Opinion and Order re Daubert Motion re Dr. Peter Rosenblatt, #2 ECF- 6049 Memo Opinion and Order re Daubert Motion re Dr. Steven Spiegelberg)(Strongman, Jon) [Transferred from West Virginia Southern on 5/6/2019.] |
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Filing 46
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 5/6/2019.]
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Filing 45
ORDER denying as moot #40 MOTION by C. R. Bard, Inc. to Dismiss For Insufficient Service of Process. Signed by Judge Joseph R. Goodwin on 4/17/2019. (cc: attys; any unrepresented party) (kew) [Transferred from West Virginia Southern on 5/6/2019.]
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| Filing 44 JOINT VENUE RECOMMENDATION by Cindy Herrera, Louis Herrera (Lazar, Alan) (Modified on 4/11/2019 to add party filer) (mk). [Transferred from West Virginia Southern on 5/6/2019.] |
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Filing 43
NOTICE OF VOLUNTARY DISMISSAL/ORDER Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), C. R. Bard, Inc. only is dismissed without prejudice, each party to bear its own costs; other defendants remain and the case will remain open. Signed by Judge Joseph R. Goodwin on 4/9/2019. (cc: attys; any unrepresented party) (kab) [Transferred from West Virginia Southern on 5/6/2019.]
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| Filing 42 NOTICE OF VOLUNTARY DISMISSAL as to C. R. Bard only Without Prejudice by Cindy Herrera, Louis Herrera pursuant to Rule 41, Federal Rules of Civil Procedure (Lazar, Alan) [Transferred from West Virginia Southern on 5/6/2019.] |
| Filing 41 MEMORANDUM OF LAW by C. R. Bard, Inc. in support of #40 MOTION by C. R. Bard, Inc. to Dismiss For Insufficient Service of Process (Alexander, Eric) [Transferred from West Virginia Southern on 5/6/2019.] |
| Filing 40 MOTION by C. R. Bard, Inc. to Dismiss For Insufficient Service of Process. (Alexander, Eric) [Transferred from West Virginia Southern on 5/6/2019.] |
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Filing 39
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) (brn) [Transferred from West Virginia Southern on 5/6/2019.]
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Filing 38
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) (st) [Transferred from West Virginia Southern on 5/6/2019.]
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Filing 37
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) (st) [Transferred from West Virginia Southern on 5/6/2019.]
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| Filing 36 REPLY by Cindy Herrera, Louis Herrera to #35 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 5/6/2019.] |
| Filing 35 RESPONSE by Boston Scientific Corporation in opposition to #34 SECOND MOTION by Cindy Herrera, Louis Herrera to Exclude and Limit Expert Witnesses Pursuant to Rule 37(C) (Strongman, Jon) [Transferred from West Virginia Southern on 5/6/2019.] |
| Filing 34 SECOND MOTION by Cindy Herrera, Louis Herrera 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) [Transferred from West Virginia Southern on 5/6/2019.] |
| Filing 33 REPLY by Cindy Herrera, Louis Herrera to Defendant's #32 Response in Opposition to Plaintiffs' Motion to Strike and Exclude Defendants Expert Witnesses Pursuant to Rule 37(C). (Attachments: #1 Affidavit Declaration of Alan S. Lazar in Support of Reply, #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)(Lazar, Alan)(Modified on 11/12/2018 to correct link to #32 response in opposition)(rmc). [Transferred from West Virginia Southern on 5/6/2019.] |
| Filing 32 RESPONSE by Boston Scientific Corporation in opposition to #31 MOTION by Cindy Herrera, Louis Herrera to Strike and Exclude Defendant's Expert Witnesses Pursuant to Rule 37(C) (Attachments: #1 Exhibit A, #2 Exhibit B)(Anielak, Eric) [Transferred from West Virginia Southern on 5/6/2019.] |
| Filing 31 MOTION by Cindy Herrera, Louis Herrera to Strike and Exclude Defendant's 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 Defendant's Expert Witnesses)(Lazar, Alan) [Transferred from West Virginia Southern on 5/6/2019.] |
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Filing 30
ORDER TO DISMISS DEFENDANTS WITHOUT PREJUDICE (PURSUANT TO PTO NO. 293 AS AMENDED BY PTO NO. 298 - NON-REVISION GYNECARE PRODUCTS) The Ethicon defendants are DISMISSED WITHOUT PREJUDICE pursuant to the provisions of the Non-Revision PTOs and, in any case on Exhibit A where the Ethicon defendants are the only remaining defendants, the case is STRICKEN from the active docket; and for any case listed on Exhibit A that resides in the Ethicon MDL and names other MDL defendants other than the Ethicon defendants, plaintiffs shall file a Motion to Transfer MDLs within four (4) weeks of the entry of this Order. This Order is linked to the Proposed Order to Dismiss filed at ECF No. 6728 in MDL 2327. Signed by Judge Joseph R. Goodwin on 10/5/2018. (cc: counsel of record; any unrepresented party) (st) [Transferred from West Virginia Southern on 5/6/2019.]
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| Filing 29 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Rule 26 Designation and Disclosure of Expert Witnesses. (Anielak, Eric) [Transferred from West Virginia Southern on 5/6/2019.] |
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Filing 28
ORDER granting the Motions filed in MDL 2326 by Ethicon, Inc., Johnson & Johnson to Substitute Susan M. Robinson as Counsel in lieu of David B. Thomas, and to Substitute William M. Gage as Counsel in lieu of Christy D. Jones; the Clerk is directed to terminate Christy D. Jones and to substitute William M. Gage as counsel of record, both on the main master docket and for each individual member case in MDL 2326 with which Christy D. Jones is associated, and to terminate David B. Thomas and to substitute Susan M. Robinson as counsel of record, both on the main master docket and for each individual member case in MDL 2326 with which David B. Thomas is associated. Signed by Judge Joseph R. Goodwin on 5/24/2018. (cc: counsel of record; any unrepresented party) (lca) (ADI) [Transferred from West Virginia Southern on 5/6/2019.]
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| Filing 27 CERTIFICATE OF SERVICE by Louis Herrera for Response and Objections to Amended Notice of Deposition Duces Tecum. (Lazar, Alan) [Transferred from West Virginia Southern on 5/6/2019.] |
| Filing 26 CERTIFICATE OF SERVICE by Cindy Herrera for Response and Objections to Amended Notice of Deposition Duces Tecum. (Lazar, Alan) [Transferred from West Virginia Southern on 5/6/2019.] |
| Filing 25 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Cindy Herrera on August 23, 2018 at 10:00 a.m. (Keale, James) [Transferred from West Virginia Southern on 5/6/2019.] |
| Filing 24 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Luis Herrera on August 23, 2018 at 1:00 p.m. (Keale, James) [Transferred from West Virginia Southern on 5/6/2019.] |
| Filing 23 CERTIFICATE OF SERVICE by Cindy Herrera, Louis Herrera for Rule 26 Designation and Disclosure of Expert Witnesses. (Lazar, Alan) [Transferred from West Virginia Southern on 5/6/2019.] |
| Filing 22 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Luis Herrera on August 27, 2018 at 1:00 p.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 5/6/2019.] |
| Filing 21 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Cindy Herrera on August 27, 2018 at 10:00 a.m.(Tanenbaum, Michael) [Transferred from West Virginia Southern on 5/6/2019.] |
| Filing 20 NON-REVISION ELECTION FORM: Dismissing the presently pending case without prejudice pursuant to the Pretrial Order; filed by Cindy Herrera, Louis Herrera. (Lazar, Alan) [Transferred from West Virginia Southern on 5/6/2019.] |
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Filing 19
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 5/6/2019.]
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| Filing 18 CERTIFICATE OF SERVICE by Cindy Herrera for First Set of Interrogatories, Requests for Production of Documents, and Requests for Admission. (Lazar, Alan) [Transferred from West Virginia Southern on 5/6/2019.] |
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Filing 17
PRETRIAL ORDER # 298 FIRST AMENDED ORDER REGARDING DISPOSITION OF NON-REVISION GYNECARE TVT PRODUCTS CASES This amended order revises certain future deadlines and addresses filing instructions regarding the Ethicon Election Form; the Order has been amended at paragraphs 2-5, paragraph 8(B)-(H), and Exhibit B; however, the remainder of this Order is substantively identical to PTO No. 293; if a plaintiff has already filed her Ethicon Election Form pursuant to the deadlines imposed by PTO No. 293, she is not required to re-file an Election Form; if an Election Form has not been filed it must be filed in each individual member case no later than 7/10/2018. Signed by Judge Joseph R. Goodwin on 5/15/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Cases Listed on the Second Amended Exhibit A) (brn) (ADI) [Transferred from West Virginia Southern on 5/6/2019.]
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| Filing 16 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Cindy Herrera on May 10, 2018 at 2:00 p.m. (Keale, James) [Transferred from West Virginia Southern on 5/6/2019.] |
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Filing 15
PRETRIAL ORDER # 293 ORDER REGARDING DISPOSITION OF NON-REVISION GYNECARE TVT PRODUCTS CASES The Motion filed at ECF No. 5313 in MDL 2327 by Ethicon, Inc., Johnson & Johnson for Order Regarding Disposition of Non-Revision Gynecare TVT Products Cases is GRANTED; each Non-Revised Plaintiff identified on the Second Amended Exhibit "A", together with any of her derivative plaintiffs with an existing MDL lawsuit, shall file an election form (Exhibit B to this Order) in each individual case no later than 6/10/2018; the deadlines for discovery and trial preparation procedures are set forth herein. Signed by Judge Joseph R. Goodwin on 4/11/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Cases Listed on the Second Amended Exhibit A) (kp) [Transferred from West Virginia Southern on 5/6/2019.]
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| Filing 14 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by James H. Keale on behalf of Boston Scientific Corporation. (Keale, James) [Transferred from West Virginia Southern on 5/6/2019.] |
| Filing 12 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Chul Choi on 3/9/2018 at 9:00 a.m. (Combs, Philip) [Transferred from West Virginia Southern on 5/6/2019.] |
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Filing 13
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 5/6/2019.]
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| Filing 11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson. (Thomas, David) [Transferred from West Virginia Southern on 5/6/2019.] |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Ethicon, Inc., Johnson & Johnson, re: #8 Amended Short Form 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). (kp) [Transferred from West Virginia Southern on 5/6/2019.] |
| Filing 9 SUMMONS SUBMITTED by Cindy Herrera, Louis Herrera for Ethicon, Inc., Johnson & Johnson re: #8 Amended Short Form Complaint. (Lazar, Alan) (Modified on 11/22/2017 to convert event to summons submitted (proposed)) (kp). [Transferred from West Virginia Southern on 5/6/2019.] |
| Filing 8 AMENDED SHORT FORM COMPLAINT filed by Cindy Herrera, Louis Herrera against Boston Scientific Corporation, Johnson & Johnson, Ethicon, Inc., C. R. Bard, Inc. (Attachment: #1 Ex. A to Amended Short Form Complaint)(Lazar, Alan) [Transferred from West Virginia Southern on 5/6/2019.] |
| Filing 7 PLAINTIFF PROFILE FORM filed by Cindy Herrera. (Lazar, Alan) [Transferred from West Virginia Southern on 5/6/2019.] |
| Filing 6 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 5/6/2019.] |
| Filing 5 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon A. Strongman/Partner on 03/08/2013. Boston Scientific Corporation waiver mailed on 2/21/2013, answer due 4/22/2013. (Strongman, Jon) [Transferred from West Virginia Southern on 5/6/2019.] |
| 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 West Virginia Southern on 5/6/2019.] |
| 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). (jws) [Transferred from West Virginia Southern on 5/6/2019.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 35 (Revised Verifications and Authorizations attached to Plaintiff Profile Form) entered on 01/24/2013 in MDL 2326 to attorneys in member case. (Attachment: #1 Verifications and Authorizations) (jap) [Transferred from West Virginia Southern on 5/6/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2210561. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet) (mh) [Transferred from West Virginia Southern on 5/6/2019.] |
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