Kendall v. Boston Scientific Corporation
Plaintiff: Sharon C. Kendall
Defendant: Boston Scientific Corporation and C. R. Bard, Inc.
Case Number: 1:2019cv00932
Filed: March 29, 2019
Court: US District Court for the District of Colorado
Presiding Judge: Michael E Hegarty
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on April 18, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 18, 2019 Opinion or Order Filing 34 ORDER CLOSING CASE by Magistrate Judge Michael E. Hegarty on 04/18/2019. The Court finds the #33 Stipulation of Dismissal with Prejudice and terms of the dismissal proper. This case is voluntarily DISMISSED WITH PREJUDICE, with each party to bear her or its own fees and costs. The Clerk of the Court is directed to close this case. (mdave, )
April 17, 2019 Filing 33 STIPULATION of Dismissal with Prejudice by Defendant Boston Scientific Corporation. (Hobbs, Eric)
April 17, 2019 Filing 32 NOTICE of Entry of Appearance of Eric J. Hobbs by Eric J. Hobbs on behalf of Boston Scientific CorporationAttorney Eric J. Hobbs added to party Boston Scientific Corporation(pty:dft) (Hobbs, Eric)
March 29, 2019 Filing 31 CERTIFICATE of Service by E-Mail by Clerk of Court re #30 Minute Order to to all counsel of record. Text Only Entry (tsher, )
March 29, 2019 Opinion or Order Filing 30 MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 3/29/2019. Consent Form due by 4/23/2019. Status Conference set for 4/30/2019 11:30 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (tsher, )
March 29, 2019 Filing 29 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (rroge, )
March 29, 2019 Filing 28 Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry. (rroge, )
March 29, 2019 Filing 27 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawls of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (rroge, )
March 29, 2019 Filing 26 Case transferred in from District of West Virginia Southern; Case Number 2:15-cv-04295. File, transfer order and docket sheet received
March 25, 2019 Filing 25 INCORRECT ENTRY; IMAGE REMOVED. (Modified on 3/25/2019 to remove image filed in incorrect civil action) (mek). [Transferred from West Virginia Southern on 3/29/2019.]
March 25, 2019 Opinion or Order Filing 24 ORDER (Dismissing Defendant C. R. Bard, Inc. with Prejudice and possible transfer of case(s) to MDL 2326) directing that the Motion to Dismiss with Prejudice filed in MDL 2187 is GRANTED; the Plaintiff(s)' Motion to Transfer is DENIED as moot; the Bard defendant is DISMISSED WITH PREJUDICE from the action(s) listed on the attached Exhibit(s) A; if no other defendants remain in an individual action, then (a) strike the action from the docket, and (b) close the case; and if there are remaining defendants in an individual action, then (a) transfer the case to MDL 2326, and (b) if the case has a Wave flag set from the Omnibus Order, then change the Wave flag to the appropriate Wave flag. Signed by Judge Joseph R. Goodwin on 3/25/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2187; Case on the attached Exhibit(s)) (kp) [Transferred from West Virginia Southern on 3/29/2019.]
March 25, 2019 NOTICE OF DOCKET CORRECTION re: # 25 Confirmation. ERROR: Image filed in incorrect civil action. CORRECTION: Image removed and filed in correct civil action. (mek) [Transferred from West Virginia Southern on 3/29/2019.]
March 14, 2019 Opinion or Order Filing 23 TRANSFER ORDER FOR CASES ON EXHIBITS A-R Directing that in 14 days, the cases on Exhibits A-R are transferred to the United States District Courts identified on Exhibits A-R pursuant to 28 U.S.C. 1404(a); further directing that within these 14 days, the parties shall file a joint designation of any non-PTO filings from 2:10-md-2187; Joint Motions to Dismiss or Dismissals pursuant to Pretrial Order # 282 filed within the 14 day time period will be ruled upon prior to transfer; closed cases will not be transferred; immediately after the expiration of 14 days, the Clerk of this court is DIRECTED to transmit the following to the United States District Courts on on Exhibits A-R: (1) a copy of the docket sheet for each individual case on Exhibits A-R; (2) the entire file for each case on Exhibits A-R; (3) the docket sheet for MDL 2187, 2:10-md-2187; (4) all Pretrial Orders entered in 2:10-md-2187; and (5) any other non-PTO filing from 2:10-md-2187 which the parties jointly designate in the individual cases on Exhibits A-R. Signed by Judge Joseph R. Goodwin on 3/14/2019. (cc: Clerk of the JPMDL; the offices of the Chief District Judges of the United States District Courts for the cases on Exhibits A-R; counsel of record; any unrepresented party) (REF: Cases Listed on Exhibits A-R) (mek) [Transferred from West Virginia Southern on 3/29/2019.]
March 8, 2019 Opinion or Order Filing 22 ORDER denying #19 MOTION by Boston Scientific Corporation to Dismiss With Prejudice. Signed by Judge Joseph R. Goodwin on 3/8/2019. (cc: attys; any unrepresented party) (st) [Transferred from West Virginia Southern on 3/29/2019.]
March 8, 2019 Opinion or Order Filing 21 ORDER granting #20 MOTION by Boston Scientific Corporation to Withdraw #19 MOTION by Boston Scientific Corporation to Dismiss With Prejudice. Signed by Judge Joseph R. Goodwin on 3/8/2019. (cc: attys; any unrepresented party) (st) [Transferred from West Virginia Southern on 3/29/2019.]
August 31, 2018 Filing 20 MOTION by Boston Scientific Corporation to Withdraw #19 MOTION by Boston Scientific Corporation to Dismiss With Prejudice. (Strongman, Jon) [Transferred from West Virginia Southern on 3/29/2019.]
August 20, 2018 Filing 19 MOTION by Boston Scientific Corporation to Dismiss With Prejudice. (Strongman, Jon) [Transferred from West Virginia Southern on 3/29/2019.]
June 13, 2018 Opinion or Order Filing 18 PRETRIAL ORDER # 283 (Amended Docket Control Order C. R. Bard Wave 7 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 275. 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 7 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; 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 2187; Active Bard Wave 7 Cases) (mmw) [Transferred from West Virginia Southern on 3/29/2019.]
April 18, 2018 Filing 17 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 3/29/2019.]
January 30, 2018 Opinion or Order Filing 16 PRETRIAL ORDER # 275 (Docket Control Order - C. R. Bard Wave 7 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING C. R. BARD, INC. 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 7 cases") becomes subject to the deadlines in this Docket Control Order. The stay on the Covidien Wave 1 cases is lifted and the Covidien Wave 1 cases are incorporated in the C. R. Bard Wave 7 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 7 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 7 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 2187; Bard Wave 7 Cases Listed on Exhibit A) (ts) [Transferred from West Virginia Southern on 3/29/2019.]
June 13, 2017 Filing 15 PLAINTIFF PROFILE FORM filed by Sharon C. Kendall. (Plattenberger, Jacob) [Transferred from West Virginia Southern on 3/29/2019.]
November 2, 2016 Filing 14 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Raymond Joseph Kramer on behalf of Sharon C. Kendall. (Kramer, Raymond) [Transferred from West Virginia Southern on 3/29/2019.]
November 2, 2016 Opinion or Order Filing 13 PRETRIAL ORDER # 228 (Second Amended Docket Control Order - Covidien Wave 1 Cases) The PTO # 222 is briefly STAYED until further order of the court. Since the entry of PTO # 222 (as modified by PTO # 224), it has been determined that some of the cases designated in Covidien Wave 1 name other defendants. Leadership counsel for plaintiffs in Bard and counsel for Bard and the Covidien entities are directed to work together to determine the cases from Exhibits A, B and C attached to PTO # 222 that should be included in a wave, as well as any other cases in the Bard MDL, and provide a list to the court via email on or before 11/09/2016, as more fully set forth herein. This PTO does not change the requirements of PTO #s 220, 223 and 227 related to mandatory settlement conferences in certain cases scheduled to begin 11/09/2016. Signed by Judge Joseph R. Goodwin on 11/2/2016. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2187; Covidien Wave 1 Cases) (mks) [Transferred from West Virginia Southern on 3/29/2019.]
October 21, 2016 Filing 12 NOTICE OF VIDEO DEPOSITION by Sharon C. Kendall of Dr. Andrew McBride on November 23, 2016 at 9:00 a.m. (Attachment: #1 PTO #40 - Deposition Protocol)(Plattenberger, Jacob) [Transferred from West Virginia Southern on 3/29/2019.]
October 21, 2016 Filing 11 NOTICE OF VIDEO DEPOSITION by Sharon C. Kendall of Dr. Peter Lotze on November 22, 2016 at 9:00 a.m. (Attachment: #1 PTO #40 - Deposition Protocol)(Plattenberger, Jacob) [Transferred from West Virginia Southern on 3/29/2019.]
October 19, 2016 Opinion or Order Filing 10 PRETRIAL ORDER # 223 (Order re: Mandatory Settlement Conference for Remaining Covidien LP, Sofradim and TSL Plaintiffs) directing that settlement conferences will be conducted as follows: A. for the cases identified on Exhibit A attached hereto, the court will conduct mandatory settlement conferences beginning on 10/25/2016 at 9:00 a.m.; for cases identified on Exhibit B attached hereto, the court will conduct mandatory settlement conferences beginning on 10/26/2016 at 12:00 p.m.; and C. for cases identified on Exhibit C attached hereto the court will conduct mandatory settlement conferences beginning on 11/9/2016 at 9:00 a.m. All conferences will be held in Room 7800 and will continue from day-to-day thereafter. Signed by Judge Joseph R. Goodwin on 10/19/2016. (cc: Clerk of the JPMDL; attys; any unrepresented parties) (REF: MDL 2187; Covidien Wave 1 Cases) (rec) [Transferred from West Virginia Southern on 3/29/2019.]
October 19, 2016 Opinion or Order Filing 9 PRETRIAL ORDER # 222 (Docket Control Order - Covidien Wave 1 Cases) finding it appropriate to enter a docket control order on the cases that remain outstanding against Covidien, Sofradim and/or TSL in the event negotiations at the upcoming settlement conferences are not fruitful, the cases identified on the attached Exhibits A, B and C will be known as the Covidien Wave 1 cases; the following deadlines will apply in the Covidien Wave 1 cases: Plaintiff Fact Sheets due 11/04/2016; Defendant Fact Sheets due 12/02/2016; Deadline for written discovery requests due 01/16/2017; Expert disclosure by plaintiffs due 01/02/2017; Expert disclosure by defendants due 01/30/2017; Expert disclosure for rebuttal purposes due 02/15/2017; Deposition deadline and close of discovery by 03/01/2017; Filing of Dispositive Motions by 03/21/2017; Response to Dispositive Motions due 04/04/2017; Reply to response to dispositive motions by 04/11/2017; Filing of Daubert motions by 03/29/2017; Responses to Daubert motions by 04/12/2017; Reply to response to Daubert motions by 04/19/2017. A consolidated motion to seal is due by 02/9/2017, any response is due 02/23/2017 and any reply is due 03/2/2017. The parties shall meet and confer concerning the appropriate venue recommendations due by 01/15/2017 and submit joint venue recommendations due by 01/27/2017. Signed by Judge Joseph R. Goodwin on 10/19/2016. (cc: Clerk of the JPMDL; attys; any unrepresented parties) (REF: MDL 2187; Covidien Wave 1 Cases) (bdr) [Transferred from West Virginia Southern on 3/29/2019.]
July 1, 2016 Opinion or Order Filing 8 ORDER on Motions filed in MDL 2187: denying, as moot, MOTION by Jacob W. Plattenberger for Change of TorHoerman Law LLC Firm Address in MDL 2187 and each individual member case in which it is associated; granting AMENDED MOTION by Jacob W. Plattenberger, Tor A. Hoerman, Eric Terry for Change of TorHoerman Law LLC Firm Address in MDL 2187 and each individual member case in which it is associated. The Clerk is directed to update the firm address, as set forth in the Motion, both on the main master docket and for each individual member case in MDL 2187 with which Jacob W. Plattenberger, Tor A. Hoerman, and Eric Terry are associated. Signed by Judge Joseph R. Goodwin on 7/1/2016. (cc: attys; any unrepresented party) (kp) [Transferred from West Virginia Southern on 3/29/2019.]
June 22, 2015 Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Richard B. North, Jr on behalf of C. R. Bard, Inc.. (North, Richard) [Transferred from West Virginia Southern on 3/29/2019.]
June 1, 2015 Filing 6 WAIVER OF SERVICE EXECUTED. Waiver signed by Richard B. North, Jr. on 05/14/2015. C. R. Bard, Inc. waiver mailed on 5/5/2015, answer due 7/6/2015. (North, Richard) [Transferred from West Virginia Southern on 3/29/2019.]
May 18, 2015 Filing 5 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 3/29/2019.]
May 7, 2015 Filing 4 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon A. Strongman on 5/6/2015. Boston Scientific Corporation waiver mailed on 5/5/2015, answer due 7/6/2015. (Strongman, Jon) [Transferred from West Virginia Southern on 3/29/2019.]
May 7, 2015 Filing 3 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 3/29/2019.]
April 10, 2015 Filing 2 TRANSMITTED PRETRIAL ORDER # 173 (Briefing Schedule) entered on 04/09/2015 in MDL 2187 to attorneys in member case. (kw) [Transferred from West Virginia Southern on 3/29/2019.]
April 9, 2015 Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-3821673. (Attachment: #1 Civil Cover Sheet) (cwm) [Transferred from West Virginia Southern on 3/29/2019.]

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Defendant: Boston Scientific Corporation
Represented By: Eric J. Hobbs
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Defendant: C. R. Bard, Inc.
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Plaintiff: Sharon C. Kendall
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