Azniv Dervishian et al v. Boston Scientific Corporation
| Azniv Dervishian and Vahan Dervishian |
| American Medical Systems Inc and Boston Scientific Corporation |
| 2:2019cv03954 |
| May 6, 2019 |
| US District Court for the Central District of California |
| Maria A Audero |
| Dolly M Gee |
| Robert H Whaley |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
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| Filing 65 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 64
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 63
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-03954 RHW(MAAx). (rn)
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| Filing 62 Notice of Appearance or Withdrawal of Counsel: for attorney Bradley Raymond Fagnani counsel for Plaintiffs Azniv Dervishian, Vahan Dervishian. Filed by Plaintiffs Azniv Dervishian and Vahan Dervishian. (Attorney Bradley Raymond Fagnani added to party Azniv Dervishian(pty:pla), Attorney Bradley Raymond Fagnani added to party Vahan Dervishian(pty:pla))(Fagnani, Bradley) |
| Filing 61 Notice of Appearance or Withdrawal of Counsel: for attorney Christina A Humphrey counsel for Plaintiff Vahan Dervishian. 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 60 DESIGNATION OF COUNSEL filed by Plaintiffs Azniv Dervishian, Vahan Dervishian (Bradley, Marcus) |
| Filing 59 DESIGNATION OF COUNSEL filed by Plaintiffs Azniv Dervishian, Vahan Dervishian (Grombacher, Kiley) |
| 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 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 56 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 55 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 54 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 53 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 52 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 51 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 50 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 49 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Tracy G Weiss. 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 48 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Michael J Farrell. 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 Erik W Legg. 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 TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 45 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Maria A. Audero. (ghap) |
| Filing 44 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 2:13-cv-15005-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-3954-DMG(MAAx). (ghap) |
| Filing 43 Notice of Appearance or Withdrawal of Counsel: for attorney Christina A Humphrey counsel for Plaintiff Azniv Dervishian. 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 ORIGINAL file, certified copy of transfer order and docket sheet received from West Virginia Southern |
| Filing 41 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 4805 - BSC's Memo of Law in Support of Testimony of Jimmy Mays, PhD, #5 ECF 4811 - BSC's Motion to Exclude Testimony of Richard Trepeta, MD and Memo in Support, #6 ECF 4831 - Motion and Memo in Support of Pltf's Motion to Exclude Test Ricardo Caraballo, #7 ECF 4826 - Pltf's Motion and Memo of Law in Support of Motion to Exclude Testimony of Stephen Badylak, DVM, #8 ECF 4825 - Pltf's Motion and Memo of Law in Support of Motion to Exclude Testimony of Steven Little, PhD, #9 ECF 4976 - BSC's Opp to Pltf's Motion to Exclude Testimony of Stephen Badylak, BVM, PhD, MD, #10 ECF 4973 - Memo in Opp to Pltf's Motion to Exclude Testimony of Dr. Ricardo Caraballo, #11 ECF 4979 - Response in Opp to Pltf's Motion to Exclude Testimony of Steven Little, PhD, #12 ECF 5029 - Pltf's Reply to BSC's Opp to Pltf's Motion to Exclude Testimony of Dr. Ricardo Caraballo, #13 ECF 5033 - Pltf's Reply to Deft's Response to Pltf's Motion to Exclude Testimony of Dr. Stephen Badylak, #14 ECF 5034 - Pltf's Reply to Deft's Response to Pltf's Motion to Exclude Testimony of Steven Little, PhD, #15 ECF 6039 - BSC-MDL - Memo Opinion and Order re Daubert Motion re Dr. Bruce Rosenzweig, #16 ECF 6042 - BSC-MDL - Memo Opinion and Order re Daubert Motion re Dr. Ricardo Caraballo, #17 ECF 6050 - BSC-MDL - Memo Opinion and Order re Daubert Motion re Dr. Richard Trepeta, #18 ECF 6044 - BSC-MDL - Memo Opinion and Order re Daubert Motion re Dr. Steven Little, #19 ECF 6049 - BSC-MDL - Memo Opinion and Order re Daubert Motion re Dr. Steven Spiegelberg, #20 ECF 6644 - Joint Venue Recommendations, #21 ECF 7011 - BSC's Motion to Exclude General Causation Testimony of Bruce Rosenzweig, MD, #22 ECF 7010 - BSC's Notice of Adoption of Prior Daubert Motion to Exclude Jimmy Mays PhD, #23 ECF 7005 - BSC's Notice of Adoption of Prior Daubert Motion to Exclude Richard Trepeta, MD, #24 ECF 7000 - Pltf's Notice of Adoption of Prior Daubert Motion of Dr. Ricardo Caraballo for Wave 4 Cases, #25 ECF 6984 - Pltf's Notice of Adoption of Prior Daubert Motion of Dr. Stephen Badylak for Wave 4 Cases, #26 ECF 6995 - Pltf's Notice of Adoption of Prior Daubert Motion of Dr. Steven Little for Wave 4 Cases, #27 ECF 7004 - WAVE 4 - Pltf's Motion and Memo to Exclude Opinions and Testimony of Stephen Spiegelberg, PhD, #28 ECF 7037 - Pltf's Notice of Adoption of Prior Daubert Response of Bruce Rosenzweig, MD for BSC Wave 4, #29 ECF 7033 - Pltf's Notice of Adoption of Prior Daubert Response of Jimmy Mays, PhD for BSC Wave 4, #30 ECF 7063 - BSC's Notice of Adoption of Prior Daubert Response of Ricardo Caraballo, MD, #31 ECF 7067 - BSC's Notice of Adoption of Prior Daubert Response of Stephen Badylak, PhD, #32 ECF 7066 - BSC's Notice of Adoption of Prior Daubert Response of Steven Little, PhD, #33 ECF 7065 - Pltf's Notice of Adoption of Prior Daubert Response of Dr. Jimmy Mays for Wave 4 Cases, #34 ECF 7049 - Pltf's Notice of Adoption of Prior Daubert Response of Dr. Richard Trepeta for Wave 4 Cases, #35 ECF 7088 - BSC's Response in Opposition to Pltf's Motion to Exclude Testimony of Stephen Spiegelberg, PhD, #36 ECF 7085 - Pltf's Response and Memo to BSC's MTE General Causation Testimony of Bruce Rosenzweig, MD, #37 ECF 7175 - BSC's Reply in Support of Motion to Exclude General Causation Testimony of Bruce Rosenzweig, #38 ECF 7160 - Pltf's Reply in Support of Motion to Exclude Testimony of Stephen Spiegelberg, PhD)(Strongman, Jon) [Transferred from West Virginia Southern on 5/7/2019.] |
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Filing 40
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 39 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 38 JOINT VENUE RECOMMENDATION by Azniv Dervishian, Vahan Dervishian, 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 37
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 5/7/2019.]
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Filing 36
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 5/7/2019.]
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Filing 35
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 5/7/2019.]
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| Filing 34 REPLY by Azniv Dervishian, Vahan Dervishian to #33 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 33 RESPONSE by Boston Scientific Corporation in opposition to #32 SECOND MOTION by Azniv Dervishian, Vahan Dervishian to Exclude and Limit Expert Witnesses Pursuant to Rule 37(C) (Strongman, Jon) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 32 SECOND MOTION by Azniv Dervishian, Vahan Dervishian 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 31 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.] |
| Filing 30 REPLY by Azniv Dervishian, Vahan Dervishian to Defendant's #29 Response in Opposition to Plaintiffs' Motion to Strike and Exclude Defendant's 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 11/13/2018 to correct link to #29 response in opposition)(rmc) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 29 RESPONSE by Boston Scientific Corporation in opposition to #28 MOTION by Azniv Dervishian, Vahan Dervishian 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 5/7/2019.] |
| Filing 28 MOTION by Azniv Dervishian, Vahan Dervishian 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 5/7/2019.] |
| Filing 27 CERTIFICATE OF SERVICE by Azniv Dervishian for Rule 26(a)(2) Expert Testimony Disclosures. (Lazar, Alan) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 26 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 25 CERTIFICATE OF SERVICE by Vahan Dervishian for Response and Objections to Amended Notice of Deposition Duces Tecum. (Lazar, Alan) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 24 CERTIFICATE OF SERVICE by Azniv Dervishian for Response and Objections to Amended Notice of Deposition Duces Tecum. (Lazar, Alan) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 23 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Vahan Dervishian on September 21, 2018 at 1:00 p.m. (Keale, James) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 22 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Azniv Dervishian on September 21, 2018 at 10:00 a.m. (Keale, James) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 21 CERTIFICATE OF SERVICE by Azniv Dervishian, Vahan Dervishian for Rule 26 Designation and Disclosure of Expert Witnesses. (Lazar, Alan) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 20 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Vahan Dervishian on September 21, 2018 at 1:00 p.m. (Keale, James) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 19 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Azniv Dervishian on September 21, 2018 at 10:00 a.m. (Keale, James) [Transferred from West Virginia Southern on 5/7/2019.] |
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Filing 18
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 17 CERTIFICATE OF SERVICE by Azniv Dervishian 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 16 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Azniv Dervishian on May 7,2018 at 2:00 p.m. (Keale, James) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 15 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 5/7/2019.] |
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Filing 14
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) (kp) (ADI) [Transferred from West Virginia Southern on 5/7/2019.]
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| Filing 13 PLAINTIFF PROFILE FORM filed by Azniv Dervishian. (Lazar, Alan) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 12 AMENDED SHORT FORM COMPLAINT filed by Azniv Dervishian, Vahan Dervishian against Boston Scientific Corporation. (Attachment: #1 Exhibit A)(Lazar, Alan) (Modified on 2/28/2017 to add party filer) (skh). [Transferred from West Virginia Southern on 5/7/2019.] |
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Filing 11
ORDER (Dismissing Defendant American Medical Systems, Inc. with Prejudice and Transferring Cases to MDL 2326) Pending in MDL 2325, is Joint Motion to Dismiss Defendant American Medical Systems, Inc. with Prejudice filed by the plaintiffs, identified in Exhibits A-D, and American Medical Systems, Inc., seeking dismissal of AMS as a defendant in these actions with prejudice. Because all claims against AMS have been compromised and settled, including all claims, counterclaims, cross-claims and third party claims, the Joint Motion to Dismiss AMS with Prejudice is GRANTED and the MOTION TO TRANSFER MDLs is GRANTED. Plaintiffs' counsel are DIRECTED to file the appropriate Amended Short Form Complaints within the time frame outlined in their Motion. Defendant AMS is DISMISSED WITH PREJUDICE as a defendant in the actions listed in Exhibits A-D, these actions are TRANSFERRED to MDL 2326, and the Clerk is directed to disassociate these civil actions as member cases in MDL 2325 and re-associate them with MDL 2326. Signed by Judge Joseph R. Goodwin on 12/27/2016. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2325; Cases Listed in Exhibits A-D) (kp) [Transferred from West Virginia Southern on 5/7/2019.]
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| Filing 10 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 9 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon Strongman on 5/2/14. Boston Scientific Corporation waiver mailed on 3/13/2014, answer due 5/12/2014. (Strongman, Jon) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 8 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 7 AMENDED SHORT FORM COMPLAINT filed by Azniv Dervishian, Vahan Dervishian against American Medical Systems, Inc. ("AMS"), Boston Scientific Corporation. (Lazar, Alan) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael J. Farrell on behalf of American Medical Systems, Inc.. (Farrell, Michael) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Erik W. Legg on behalf of American Medical Systems, Inc.. (Farrell, Michael) (Modified on 9/17/2013 to correct name of appearing attorney) (rea). [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 4 WAIVER OF SERVICE EXECUTED. Waiver signed by Tracy G. Weiss on 7/11/13. American Medical Systems, Inc. waiver mailed on 6/26/2013, answer due 8/26/2013. (Weiss, Tracy) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 3 ELECTRONIC SUMMONS ISSUED as to American Medical Systems, Inc., 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 5/7/2019.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER #70 (Plaintiffs' Motion to Compel Defendants to Produce Documents and Deposition Dates for Clinical, Regulatory and Research Development Witnesses and for Compliance with PTO # 54) entered on 06/19/2013 in MDL 2325 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 # 0425-2487712. (Attachment: #1 Civil Cover Sheet) (sas) [Transferred from West Virginia Southern on 5/7/2019.] |
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