Zetz et al v. Boston Scientific Corporation
Plaintiff: Eric Zetz and Autumn Zetz
Defendant: Boston Scientific Corporation
Case Number: 1:2019cv00451
Filed: April 12, 2019
Court: US District Court for the Eastern District of California
Presiding Judge: Stanley A Boone
Referring Judge: Erica P Grosjean
2 Judge: Anthony W Ishii
3 Judge: Lawrence J O'Neill
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on February 16, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 1, 2021 Opinion or Order Filing 59 ORDER GRANTING STIPULATED REQUEST TO MODIFY SCHEDULING ORDER AND CONTINUE TRIAL DATE. Signed by Magistrate Judge Stanley A. Boone on 3/1/2021:IT IS HEREBY ORDERED that the scheduling order is further modified as follows: Expert Discovery Deadline: June 29, 2021; Dispositive Motion Filing Deadline: August 17, 2021; Pre-trial Conference: September 23, 2021, at 10:00 a.m. in Courtroom 2 before United States District Judge Anthony W. Ishii; and Trial: November 9, 2021, at 8:30 a.m. in Courtroom 2 before United States District Judge Anthony W. Ishii.All other dates and aspects of the scheduling order, as previously modified, shall remain in effect. (Hernandez, M)
February 26, 2021 Opinion or Order Filing 58 STIPULATION and PROPOSED ORDER for Continuing Trial Date And All Related Dates by Boston Scientific Corporation. (Attachments: #1 Proposed Order Granting Joint Stipulation To Continue Trial Date And All Related Dates)(Firstenberg, Karen)
February 11, 2021 Opinion or Order Filing 57 MINUTES (Text Only) for proceedings held via video conference before Magistrate Judge Stanley A. Boone: STATUS CONFERENCE held on 2/11/2021. The parties may submit a proposed order re continuance of the Pretrial and Trial dates for the Court to review. Plaintiffs Counsel Lourdes De Armas and Sheila Bossier via video present. Defendants Counsel Karen Firstenberg via video present. Court Reporter/CD Number: Karen Hooven via video. (Hernandez, M)
February 8, 2021 Opinion or Order Filing 56 MINUTE ORDER signed by Magistrate Judge Stanley A. Boone on 2/8/2021: (Text Only Entry). Pursuant to agreement by the parties a Status Conference is set for 2/11/2021 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. The parties provided with video conference number and passcode. (Hernandez, M)
November 19, 2020 Opinion or Order Filing 55 ORDER GRANTING JOINT STIPULATION TO CONTINUE ALL DATES, INCLUDING EXPERT DISCOVERY DEADLINE AND TRIAL. Pursuant to the stipulation of the parties, scheduling order is HEREBY AMENDED as follows: Expert discovery deadline: March 1, 2021; Dispositive motion deadline: April 19, 2021; Pretrial Conference is CONTINUED from March 5, 2021 to June 3, 2021, at 10:00 a.m. in Courtroom 2 (AWI); Trial is CONTINUED from April 26, 2021 to July 27, 2021, at 8:30 a.m. in Courtroom 2 (AWI); and all other aspects of the October 11, 2019 scheduling order, as amended on October 24, 2019; February ;28, 2020; March 25, 2020; and July 9, 2020 remain in effect.Signed by Magistrate Judge Stanley A. Boone on 11/19/2020: (Hernandez, M)
November 19, 2020 Opinion or Order Filing 54 ORDER DIRECTING Clerk of the Court to Administratively TERMINATING #49 Motion to Quash and Objections to Defendants' Notice of Deposition, signed by Magistrate Judge Stanley A. Boone on 11/18/2020. (Martin-Gill, S)
November 18, 2020 Opinion or Order Filing 53 RESPONSE by Boston Scientific Corporation to #49 Motion to Quash, #51 Stipulation, #50 Order. (Firstenberg, Karen)
November 18, 2020 Opinion or Order Filing 52 STIPULATION and PROPOSED ORDER for Continuing All Dates, Including Expert Discovery Deadline And Trial by Boston Scientific Corporation. (Attachments: #1 Proposed Order Granting Joint Stipulation to Continue All Dates, Including Expert Discovery Deadline and Trial)(Firstenberg, Karen)
November 17, 2020 Opinion or Order Filing 51 STIPULATION re #49 MOTION to QUASH and Plaintiffs' Objections to Defendant's Notice of Deposition Duces Tecum, #50 Order by Autumn Zetz, Eric Zetz. (Davis, Larissa)
November 16, 2020 Opinion or Order Filing 50 ***VACATED PER ORDER #54 ***ORDER REQUIRING DEFENDANT TO FILE A RESPONSE TO PLAINTIFFS MOTION TO QUASH. DEADLINE: NOVEMBER 18, 2020. Signed by Magistrate Judge Stanley A. Boone on 11/16/2020(Hernandez, M)
November 13, 2020 Opinion or Order Filing 49 MOTION to QUASH and Plaintiffs' Objections to Defendant's Notice of Deposition Duces Tecum by Autumn Zetz, Eric Zetz. (Attachments: #1 Exhibit Notice of Deposition Duces Tecum)(Davis, Larissa)
July 9, 2020 Opinion or Order Filing 48 ORDER GRANTING MODIFIED SCHEDULING ORDER: Pretrial Conference set for 4/7/2021 at 10:00 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii; Jury Trial set for 6/8/2021 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Signed by Magistrate Judge Stanley A. Boone on 7/9/2020. (Hernandez, M)
July 8, 2020 Opinion or Order Filing 47 STIPULATION and PROPOSED ORDER for Further Amending Scheduling Order Due To Covid -19 Public Health Emergency by Boston Scientific Corporation. (Attachments: #1 Proposed Order Granting Joint Stipulation To Further Amend Scheduling Order Due To Covid -19 Public Health Emergency)(Firstenberg, Karen)
June 23, 2020 Opinion or Order Filing 46 ORDER ENTERING Stipulated Protective Order, signed by Magistrate Judge Stanley A. Boone on 6/22/2020. (Marrujo, C)
June 15, 2020 Opinion or Order Filing 45 STIPULATION and PROPOSED ORDER for Stipulated Confidentiality Agreement by Boston Scientific Corporation. (Firstenberg, Karen)
June 15, 2020 Opinion or Order Filing 44 NOTICE of CHANGE of ADDRESS by Karen Michell Firstenberg. (Firstenberg, Karen)
March 25, 2020 Opinion or Order Filing 43 ORDER GRANTING STIPULATED REQUEST TO MODIFY SCHEDULING ORDER. Pretrial Conference is continued to 3/5/2021 at 10:00 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Jury Trial is continued to 5/4/2021 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Signed by Magistrate Judge Stanley A. Boone on 3/25/2020. (Hernandez, M)
March 25, 2020 Opinion or Order Filing 42 STIPULATION and PROPOSED ORDER for Amending Scheduling Order Due to Covid-19 Public Health Emergency by Boston Scientific Corporation. (Attachments: #1 Proposed Order Granting Joint Stipulation To Amend Scheduling Order Due To Covid -19 Public Health Emergency)(Firstenberg, Karen)
February 28, 2020 Opinion or Order Filing 41 ORDER GRANTING STIPULATED REQUEST TO MODIFY SCHEDULING ORDER. IT IS HEREBY ORDERED that the October 11, 2019 scheduling order (ECF No. 27), as modified on October 24, 2019 (ECF No. 30), is further modified as follows: Non-Expert Discovery Deadline: April 13, 2020; Plaintiffs Expert Disclosure Deadline: May 1, 2020; Defendants Expert Disclosure Deadline: May 29, 2020; Plaintiffs Rebuttal Expert Disclosure Deadline: June 19, 2020; Expert Discovery Deadline: July 17, 2020; and Dispositive Motion Filing Deadline: August 28, 2020.All other dates and aspects of the scheduling order, as previously modified, shall remain in effect. Signed by Magistrate Judge Stanley A. Boone on 2/28/2020. (Hernandez, M)
February 27, 2020 Opinion or Order Filing 40 STIPULATION and PROPOSED ORDER for Amending Scheduling Order by Boston Scientific Corporation. (Attachments: #1 Proposed Order Granting Joint Stipulation To Amend Scheduling Order)(Firstenberg, Karen)
February 10, 2020 Opinion or Order Filing 39 NOTICE of CHANGE of ADDRESS by Karen Michell Firstenberg. (Firstenberg, Karen)
November 27, 2019 Opinion or Order Filing 38 ORDER DISCHARGING #34 Order to Show Cause, DISREGARDING #35 Request to Seal Documents Filed November 25, 20198, and Directing Clerk of the Court to Administratively Terminate Plaintiff's #36 Request to Seal Documents Filed November 26, 2019, signed by Magistrate Judge Stanley A. Boone on 11/27/19. (Marrujo, C)
November 26, 2019 Opinion or Order Filing 37 RESPONSE to #34 ORDER to SHOW CAUSE by Autumn Zetz, Eric Zetz. (Jessup, Jeremy)
November 26, 2019 Opinion or Order Filing 36 MOTION Request to Seal Documents by Autumn Zetz, Eric Zetz. (Jessup, Jeremy)
November 25, 2019 Opinion or Order Filing 35 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by All Plaintiffs. (Jessup, Jeremy)
November 25, 2019 Opinion or Order Filing 34 ORDER REQUIRING PLAINTIFFS TO SHOW CAUSE WHY SANCTIONS SHOULD NOT ISSUE FOR FAILURE TO COMPLY WITH NOVEMBER 15, 2019 ORDER signed by Magistrate Judge Stanley A. Boone on 11/22/2019. IT IS HEREBY ORDERED that, within five (5) days from the date of entry of this order, Plaintiffs SHALL SHOW CAUSE IN WRITING why sanctions should not issue for the failure to file the motion to seal upon receipt of the November 15, 2019 order. Plaintiffs are advised that failure to show cause as required by this order may result in the issuance of sanctions up to and including dismissal of this action. (Gonzales, V)
November 15, 2019 Opinion or Order Filing 33 ORDER GRANTING PLAINTIFFS REQUEST TO SEAL DOCUMENTS as to #32 , signed by Magistrate Judge Stanley A. Boone on 11/15/2019. (Martin-Gill, S)
November 7, 2019 Opinion or Order Filing 32 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by All Plaintiffs. (Jessup, Jeremy)
November 1, 2019 Opinion or Order Filing 31 DESIGNATION/DISCLOSURE of EXPERT WITNESS by Autumn Zetz, Eric Zetz. (Jessup, Jeremy)
October 24, 2019 Opinion or Order Filing 30 AMENDED SCHEDULING ORDER Initial Disclosures: November 1, 2019; Non-Expert Discovery: March 2, 2020; Plaintiffs Expert Disclosure: March 27, 2020; Defendants Expert Disclosure: April 24, 2020; Plaintiffs Rebuttal Disclosure: May 22, 2020; Expert Discovery: June 19, 2020. Signed by Magistrate Judge Stanley A. Boone on 10/23/2019. (Hernandez, M)
October 18, 2019 Opinion or Order Filing 29 ORDER Directing Clerk of the Court to Terminate Eva M. Weiler and Victoria P. McLaughlin as Attorney of Record for Defendant signed by Magistrate Judge Stanley A. Boone on 10/18/2019. (Jessen, A)
October 17, 2019 Opinion or Order Filing 28 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Boston Scientific Corporation. (Attachments: #1 Proof of Service)(Weiler, Eva Marie)
October 11, 2019 Opinion or Order Filing 27 SCHEDULING ORDER: Initial Disclosure 11/1/2019, Non Expert Discovery 3/2/2020, Plaintiffs Expert Disclosure 3/27/2020, Defendant's Rebuttal Disclosure 5/22/2020, Plaintiff's Rebuttal Disclosure 5/22/2020, Expert Disclosure 6/19/2020, Dispositive Motions filed by 7/29/2020, Pretrial Conference set for 12/2/2020 at 10:00 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii, Jury Trial (5-7 Days) set for 1/26/2021 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Signed by Magistrate Judge Stanley A. Boone on 10/11/2019. (Hernandez, M)
October 11, 2019 Opinion or Order Filing 26 MINUTES (Text Only) for proceedings before Magistrate Judge Stanley A. Boone: SCHEDULING CONFERENCE held on 10/11/2019. The Court to issue a Scheduling Conference Order. NOTE: Chambers procedures emailed to the parties. Plaintiffs Counsel Sheila Bossier and Arsen Sarapinian by telephone. Defendants Counsel Karen Firstenberg present. Court Reporter/CD Number: In chambers and off the record. (Hernandez, M)
September 26, 2019 Opinion or Order Filing 25 JOINT SCHEDULING REPORT by Boston Scientific Corporation. (Firstenberg, Karen)
September 26, 2019 Opinion or Order Filing 24 NOTICE of APPEARANCE by Karen Michell Firstenberg on behalf of Boston Scientific Corporation. Attorney Firstenberg, Karen Michell added. (Firstenberg, Karen)
August 23, 2019 Opinion or Order Filing 23 ANSWER with Jury Demand by Boston Scientific Corporation. (Attachments: #1 Certificate of Service)(Weiler, Eva Marie)
August 22, 2019 Opinion or Order Filing 22 NOTICE of APPEARANCE by Theodore O'Reilly on behalf of Boston Scientific Corporation. Attorney O'Reilly, Theodore added. (O'Reilly, Theodore)
August 22, 2019 Opinion or Order Filing 21 NOTICE of APPEARANCE by Tarifa Belle Laddon on behalf of Boston Scientific Corporation. Attorney Laddon, Tarifa Belle added. (Laddon, Tarifa)
August 21, 2019 Opinion or Order Filing 20 PRO HAC VICE ORDER signed by Magistrate Judge Stanley A. Boone on 8/20/2019. Attorney, Sheila M. Bossier added PHV for Plaintiffs, Autumn Zetz and Eric Zetz. (Lundstrom, T)
August 21, 2019 Opinion or Order Filing 19 PRO HAC VICE ORDER signed by Magistrate Judge Stanley A. Boone on 8/20/2019. Attorney, Larissa A. Davis added PHV for Plaintiffs, Autumn Zetz and Eric Zetz. (Lundstrom, T)
August 19, 2019 Opinion or Order Filing 18 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Autumn Zetz for attorney Sheila M. Bossier to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8414337) (Jessup, Jeremy)
August 19, 2019 Opinion or Order Filing 17 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Autumn Zetz for attorney Larissa A. Davis to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8414229) (Jessup, Jeremy)
August 9, 2019 Opinion or Order Filing 16 FIRST AMENDED COMPLAINT against All Defendants by Autumn Zetz.(Jessup, Jeremy)
July 18, 2019 Opinion or Order Filing 15 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS #6 signed by District Judge Anthony W. Ishii on 07/18/2019. (Gonzales, V)
July 10, 2019 Opinion or Order Filing 14 MINUTE ORDER: (TEXT ENTRY ONLY) Due to the Order Relating cases, the Scheduling Conference will now be heard on 10/11/2019 at 11:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. The Scheduling Conference set for 8/13/2019 before Magistrate Judge Grosjean is vacated. Signed by Magistrate Judge Stanley A. Boone on 7/10/2019. (Hernandez, M)
June 12, 2019 Opinion or Order Filing 13 MINUTE ORDER: (TEXT ENTRY ONLY) The Court has deemed MOTION TO DISMISS, Doc. No. #6 , noticed for hearing on 6/24/2019, before Senior District Judge Anthony W. Ishii, suitable for decision WITHOUT oral argument pursuant to Local Rule 230(g). As such, the hearing on same is VACATED and the matter will be taken under submission as of that date. Minute order signed by District Judge Anthony W. Ishii on 6/12/2019. (Gonzales, V)
June 11, 2019 Opinion or Order Filing 12 REPLY by Boston Scientific Corporation to RESPONSE to #6 MOTION to DISMISS. (Attachments: #1 Proof of Service)(Weiler, Eva Marie)
June 4, 2019 Opinion or Order Filing 11 ORDER GRANTING PLAINTIFFS' MOTION TO EXTEND TIME TO RESPOND TO DEFENDANT'S MOTION TO DISMISS signed by District Judge Anthony W. Ishii on 06/04/2019. IT IS HEREBY ORDERED that Plaintiffs are relieved from the Court's prior order (Doc. No. 7) that barred Plaintiffs from arguing in opposition to the Rule 12 motion. Plaintiffs' motion for an extension of time to respond to Boston Scientific's Rule 12 motion (Doc. NO. 10) is granted. The extended deadline for Plaintiffs to file a response to Boston Scientific' Rule 12 motion is the date that Plaintiffs filed their opposition (Doc. No. 9), which is May 30, 2019. Boston Scientific shall have until June 11, 2019, to file a reply to Plaintiffs' opposition. The hearing on Boston Scientific's Rule 12 motion (Doc. No. 6) is set for June 24, 2019, at 10:00 a.m. in Courtroom 2 (AWI), of the Fresno Division of this Court, which is located at 2500 Tulare Street, Fresno, California 93721. (Gonzales, V)
May 30, 2019 Opinion or Order Filing 10 MOTION for EXTENSION OF TIME to Respond to Defendants' Motion to Dismiss by Autumn Zetz, Eric Zetz. (Attachments: #1 Proposed Order Motion to Extend)(Jessup, Jeremy)
May 30, 2019 Opinion or Order Filing 9 OPPOSITION by Autumn Zetz, Eric Zetz to #6 MOTION to DISMISS. Attorney Jessup, Jeremy added. (Jessup, Jeremy)
May 16, 2019 Opinion or Order Filing 8 ORDER RELATING CASES signed by Chief Judge Lawrence J. O'Neill on 5/15/2019. New Case Number: 1:19-CV-00451-AWI-SAB. (Sant Agata, S)
May 14, 2019 Opinion or Order Filing 7 MINUTE ORDER: (TEXT ENTRY ONLY) Plaintiff has failed to timely file an opposition or statement of non-opposition to the pending Motion to Dismiss #6 , in violation of Local Rule 230(c). Plaintiff may not argue in opposition to the motion at the hearing and the Court will treat the matter as unopposed. As a result, the Court finds the matter suitable for decision on the papers pursuant to Local Rule 230(g). The hearing on the motion, presently set for May 20, 2019, is VACATED. A written decision will issue as soon as is practicable in light of this Court's heavy caseload signed by Chief Judge Lawrence J. O'Neill on May 14, 2019. (Munoz, I)
April 19, 2019 Opinion or Order Filing 6 MOTION to DISMISS by Boston Scientific Corporation. Motion Hearing set for 5/20/2019 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order, #3 Proof of Service)(Weiler, Eva Marie)
April 18, 2019 Opinion or Order Filing 5 CERTIFICATE of SERVICE by Boston Scientific Corporation re #1 Notice of Removal,. (Attachments: #1 Exhibit)(McLaughlin, Victoria)
April 18, 2019 Opinion or Order Filing 4 CERTIFICATE of SERVICE by Boston Scientific Corporation re #1 Notice of Removal,. (Attachments: #1 Exhibit)(McLaughlin, Victoria)
April 12, 2019 Opinion or Order Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 8/13/2019 at 10:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Marrujo, C)
April 12, 2019 Opinion or Order Filing 2 NOTICE of RELATED CASE 1:19-cv-00381, 2:15-cv-02183, 1:10-cv-01968, 2:12cv-00005, 1:12-cv-000149, 1:12-cv-00435 by Boston Scientific Corporation. (Attachments: #1 Proof of Service)(Weiler, Eva Marie)
April 12, 2019 Opinion or Order Filing 1 NOTICE of REMOVAL from Fresno County Superior Court, case number 19CECG00381 by Boston Scientific Corporation. (Attachments: #1 Exhibit A, #2 Statement Corporate Disclosure Statement, #3 Civil Cover Sheet, #4 Proof of Service)(Weiler, Eva Marie)
April 12, 2019 Opinion or Order RECEIPT number 0972-8209884 for $400.00 for Notice of Removal from Eva Marie Mannoia Weiler fbo Boston Scientific Corporation. (Kastilahn, A)

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Plaintiff: Eric Zetz
Represented By: Christopher Dolan
Represented By: Jeremy Jessup
Represented By: Sheila M. Bossier, PHV
Represented By: Larissa A. Davis, PHV
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Plaintiff: Autumn Zetz
Represented By: Christopher Dolan
Represented By: Jeremy Jessup
Represented By: Sheila M. Bossier, PHV
Represented By: Larissa A. Davis, PHV
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Defendant: Boston Scientific Corporation
Represented By: Victoria Patricia McLaughlin
Represented By: Eva Marie Mannoia Weiler
Represented By: Theodore O'Reilly
Represented By: Karen Michell Firstenberg
Represented By: Tarifa Belle Laddon
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