Bagwell et al v. Boston Scientific Corporation
| Luke Bagwell and Katrina L. Bagwell |
| Boston Scientific Corporation |
| 1:2020cv02656 |
| September 1, 2020 |
| US District Court for the District of Colorado |
| Lewis T Babcock |
| S Kato Crews |
| Raymond P Moore |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 61
ORDER: The Motion for Summary judgment #38 is DENIED WITHOUT PREJUDICE, with leave to refile in accordance with the schedule set by Magistrate Judge Crews. SO ORDERED by Judge Raymond P. Moore on 10/21/2020. (Text Only Entry)(rmsec)
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| Filing 60 COURTROOM MINUTES for proceedings held before Magistrate Judge S. Kato Crews: Telephone Status Conference held on 10/21/2020.The refiled motion for summary judgment shall be filed by 11/6/2020, a response by 11/20/2020, and a reply by 12/3/2020. The deposition of the implanting surgeon shall be completed by 12/31/2020. Final Pretrial Conference set for 2/11/2021 11:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. FTR: Courtroom C-201. (amont, ) |
| Filing 59 Joint STATUS REPORT by Defendant Boston Scientific Corporation. (Perkins, Heather) |
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Filing 58
MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 10/8/2020. (Text Only Entry) (rmsec )
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Filing 57
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Raymond P. Moore on 10/8/2020. (rmsec )
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| Filing 56 CASE REASSIGNED pursuant to #55 Consent/Non-Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Raymond P. Moore. All future pleadings should be designated as 20-cv-02656-RM. (Text Only Entry) (jgonz, ) |
| Filing 55 CONSENT to Jurisdiction of Magistrate Judge by Defendant Boston Scientific Corporation All parties do not consent.. (Carter, Hannah) |
| Filing 54 NOTICE of Entry of Appearance by Bobby J. Bradford on behalf of Katrina L. Bagwell, Luke BagwellAttorney Bobby J. Bradford added to party Katrina L. Bagwell(pty:pla), Attorney Bobby J. Bradford added to party Luke Bagwell(pty:pla) (Bradford, Bobby) |
| Filing 53 NOTICE of Entry of Appearance by Daniel J. Thornburgh on behalf of Katrina L. Bagwell, Luke BagwellAttorney Daniel J. Thornburgh added to party Katrina L. Bagwell(pty:pla), Attorney Daniel J. Thornburgh added to party Luke Bagwell(pty:pla) (Thornburgh, Daniel) |
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Filing 52
MINUTE ORDER: This matter is set for a Telephonic Status Conference on 10/21/2020 at 10:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. Dial in information for the Conference is as follows:CONFERENCE CALL LINE: (888) 251-2909ACCESS CODE: 5662814#In addition, because the transferring court recommended this case be set for trial, it is necessary to determine whom will be the presiding judge. Therefore, on or before 10/7/2020, the parties shall file their Consent/Non-Consent Form. SO ORDERED by Magistrate Judge S. Kato Crews on 9/18/2020. Text Only Entry (skclc1)
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| Filing 51 NOTICE of Entry of Appearance by Joseph J. Zonies on behalf of Katrina L. Bagwell, Luke BagwellAttorney Joseph J. Zonies added to party Katrina L. Bagwell(pty:pla), Attorney Joseph J. Zonies added to party Luke Bagwell(pty:pla) (Zonies, Joseph) |
| Filing 50 NOTICE of Entry of Appearance by Heather Carson Perkins on behalf of Boston Scientific CorporationAttorney Heather Carson Perkins added to party Boston Scientific Corporation(pty:dft) (Perkins, Heather) |
| Filing 49 NOTICE of Entry of Appearance by Hannah Caroline Carter on behalf of Boston Scientific CorporationAttorney Hannah Caroline Carter added to party Boston Scientific Corporation(pty:dft) (Carter, Hannah) |
| Filing 48 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (angar, ) |
| Filing 47 MEMORANDUM RETURNING CASE, by Senior Judge Lewis T. Babcock. This case is randomly returned to Magistrate Judge S. Kato Crews for all further proceedings. All future pleadings should be designated as 20-cv-2656-SKC (angar, ) |
| Filing 46 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (alave, ) |
| Filing 45 Case assigned to Judge Lewis T. Babcock and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (alave, ) |
| Filing 44 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 withdrawals 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. (Text Only Entry) (alave, ) |
| Filing 43 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-24772. File, transfer order and docket sheet received |
| Filing 42 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02326 - Boston Scientific Corporation. (Attachments: #1 Exhibit ECF 161 - Stipulated Protective Order, #2 Exhibit ECF 184 - Stipulation for the Production of Docs and Electronically Stored Info, #3 Exhibit ECF 196 - New Direct Filing Order, Master Complaint, SF Complaint, #4 Exhibit ECF 197 - Master Long Form Complaint, #5 Exhibit ECF 200 - BSC_s Master Answer to Master Long Form Complaint, #6 Exhibit ECF 7153 - Docket Control Order - BSC Wave 5 Cases, #7 Exhibit ECF 8077 - Pltf_s Notice of Adoption of Prior Daubert Motion re Badylak, #8 Exhibit ECF 4826 - Pltf_s Motion and Memo Support of MTE Badylak, #9 Exhibit ECF 8142 - BSC_s Notice of Adoption of Prior Daubert Response re Badylak, #10 Exhibit ECF 4976 - BSC_s Opp to Pltf_s MTE Badylak, #11 Exhibit ECF 5033 - Pltf_s Reply to Deft_s Response to Pltf_s MTE Badylak, #12 Exhibit ECF 6041 - Memo Opinion and Order re Daubert Motion Badylak, #13 Exhibit ECF 8078 - Pltf_s Notice of Adoption of Prior Daubert MTE re Green, #14 Exhibit ECF 1010 - WAVE 1 and 2 - Pltf_s Memo in Support of MTE Green, #15 Exhibit ECF 1010 - EX A, #16 Exhibit ECF 1010 - EX B, #17 Exhibit ECF 1010 - EX C, #18 Exhibit ECF 1010 - EX D, #19 Exhibit ECF 1010 - EX E, #20 Exhibit ECF 1010 - EX F, #21 Exhibit ECF 1018 - BSC PTO-119 - Order re Pending Daubert Motions Filed in MDL, #22 Exhibit ECF 8139 - BSC_s Notice of Adoption of Prior Daubert Response re Green, #23 Exhibit ECF 8088 - Pltf_s Notice of Adoption of Prior Daubert Motion re Little, #24 Exhibit ECF 4825 - Pltf_s Motion and Memo Support of MTE Little, #25 Exhibit ECF 4825 - Exh 1, #26 Exhibit ECF 4825 - Exh 2, #27 Exhibit ECF 4825 - Exh 3, #28 Exhibit ECF 4825 - Exh 4, #29 Exhibit ECF 4825 - Exh 5, #30 Exhibit ECF 8141 - BSC_s Notice of Adoption of Prior Daubert Response re Little, #31 Exhibit ECF 4979 - BSC_s Response in Opp to Pltf_s MTE Little, #32 Exhibit ECF 5034 - Pltf_s Reply to Def's Response to Pltf_s MTE Little, #33 Exhibit ECF 6044 - Memo Opinion and Order re Daubert Motion Little, #34 Exhibit ECF 8073 - Pltf_s Notice of Adoption of Prior Daubert Motion re Rice, #35 Exhibit ECF 4830 - Pltf_s Combined Motion and MTE Rice, #36 Exhibit ECF 8135 - BSC_s Notice of Adoption of Prior Daubert Response re Rice, #37 Exhibit ECF 4971 - Memo in Opp to Pltf_s Combined Motion and MTE Rice, #38 Exhibit ECF 4971 - Ex A, #39 Exhibit ECF 4971 - Ex B, #40 Exhibit ECF 4971 - Ex C, #41 Exhibit ECF 4971 - Ex D, #42 Exhibit ECF 6046 - Memo Opinion and Order re Daubert Motion re Rice, #43 Exhibit ECF 8076 - Pltf_s Notice of Adoption of Prior Daubert Motion re Spiegelberg, #44 Exhibit ECF 7004 - Pltf_s MTE and Memo re Spiegelberg, #45 Exhibit ECF 4827 - Pltf_s MTE Spiegelberg and Memo in Support, #46 Exhibit ECF 8149 - BSC_s Notice of Adoption of Prior Daubert Response re Spiegelberg, #47 Exhibit ECF 7088 - BSC_s Response in Opposition to Pltf_s MTE Spiegelberg, #48 Exhibit ECF 4969 - BSC_s Response in Opp to Pltf_s MTE Spiegelberg, #49 Exhibit ECF 7160 - Pltf_s Reply in Support of MTE Spiegelberg, #50 Exhibit ECF 5031 - Pltf_s Reply in Support of MTE Spiegelberg, #51 Exhibit ECF 6049 - Memo Opinion and Order re Daubert Motion Spiegelberg, #52 Exhibit ECF 8066 - BSC_s Notice of Adoption of Prior Daubert Motion re Mays, #53 Exhibit ECF 4805 - BSC_s Memo of Law in Support of Testimony of Mays, #54 Exhibit ECF 8119 - Pltf_s Notice of Adoption of Prior Daubert Response Mays, #55 Exhibit ECF 4972 - Pltf_s Memo in Opp to Def's MTE Mays, #56 Exhibit ECF 4972 - Exh 1, #57 Exhibit ECF 4972 - Exh 2, #58 Exhibit ECF 4972 - Exh 3, #59 Exhibit ECF 4972 - Exh 4, #60 Exhibit ECF 4972 - Exh 5, #61 Exhibit ECF 4972 - Exh 6, #62 Exhibit ECF 4972 - Exh 7, #63 Exhibit ECF 4972 - Exh 8, #64 Exhibit ECF 4972 - Exh 9, #65 Exhibit ECF 4972 - Exh 10, #66 Exhibit ECF 8165 - BSC_s Notice of Adoption of Reply to Pltf_s Memo in Opp to MTE Mays, #67 Exhibit ECF 5037 - BSC_s Reply to Pltf_s Memo in Opp to Dft_s MTE Mays, #68 Exhibit ECF 6036 - Memo Opinion and Order Mays, #69 Exhibit ECF 8071 - BSC_s Notice of Adoption of Prior Daubert Motion Pence, #70 Exhibit ECF 4815 - BSC_s MTE Pence and Memo in Support, #71 Exhibit ECF 8111 - Pltf_s Notice of Adoption of Prior Daubert Response Pence, #72 Exhibit ECF 4968 - Pltf_s Response in Opp to BSC_s MTE Pence, #73 Exhibit ECF 8166 - BSC_s Notice of Adoption of Reply Memo in Support of MTE Pence, #74 Exhibit ECF 5038 - BSC_s Reply Memo in Support of MTE Pence, #75 Exhibit ECF 6038 - Memo Opinion and Order re Daubert Motion Pence, #76 Exhibit ECF 8084 - BSC_s MTE Rosenzweig, #77 Exhibit ECF 8084 - Exh A, #78 Exhibit ECF 8084 - Exh B1, #79 Exhibit ECF 8084 - Exh B2, #80 Exhibit ECF 8084 - Exh B3, #81 Exhibit ECF 8084 - Exh B4, #82 Exhibit ECF 8084 - Exh C, #83 Exhibit ECF 8084 - Exh D, #84 Exhibit ECF 8117 - Pltf_s Response and Memo in Opp to BSC_s MTE Rosenzweig, #85 Exhibit ECF 8164 - BSC_s Reply in Support of MTE Rosenzweig, #86 Exhibit ECF 6039 - Memo Opinion and Order re Daubert Motion Rosenzweig, #87 Exhibit ECF 8083 - BSC_s Notice of Adoption of Prior Daubert MTE Veronikis, #88 Exhibit ECF 4807 - BSC_s MTE and Memo re Veronikis, #89 Exhibit ECF 8116 - Pltf_s Notice of Adoption of Prior Daubert Response Veronikis, #90 Exhibit ECF 4964 - Pltf_s Response and Memo in Opp to MTE Veronikis, #91 Exhibit ECF 6051 - Memo Opinion and Order re Daubert Motion Veronikis, #92 Exhibit ECF 67 - ALLEN - BSC_s Memo in Opposition to Pltf_s MTE Green, #93 Exhibit ECF 92 - FOWLER - Pltfs Reply in Support of MTE Green, #94 Exhibit ECF 92 - FOWLER - Exhs A-D, #95 Exhibit ECF 115 - Fowler - Memo Opinion and Order (Daubert Motions), #96 Exhibit ECF 216 - Pltf_s Memo in Support of MTE Spiegelberg, #97 Exhibit ECF 275 - BSC_s Opposition to Pltf_s MTE Spiegelberg, #98 Exhibit ECF 275 - Exh A, #99 Exhibit ECF 275 - Exh B, #100 Exhibit ECF 473 - Amended Memo Opinion and Order (Daubert Motions), #101 Exhibit ECF 366 - Pltf's Omnibus Motions in Limine, #102 Exhibit ECF 367 - Pltf's Memo in Support of Their Motions in Limine - Generic (1), #103 Exhibit ECF 374 - BSC's Initial Motions in Limine, #104 Exhibit ECF 375 - BSC's Memo in Support of its Initial Motions in Limine, #105 Exhibit ECF 391 - BSC's Opposition to Pltf's MIL No. 1 re 510(K) and FDA Enforcement Evidence, #106 Exhibit ECF 395 - Pltf's Omnibus Response to BSC's Initial Motions in Limine, #107 Exhibit ECF 438 - BSC's Reply in Support of Motion to Preclude Evidence re Polyethylene MSDSs, #108 Exhibit ECF 443 - Memo Opinion and Order (Deft's Motion in Limine re MSDS), #109 Exhibit ECF 464 - Memo Opinion and Order (Motions in Limine))(Strongman, Jon) [Transferred from West Virginia Southern on 9/1/2020.] |
| Filing 41 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02326 - Boston Scientific Corporation. (Attachments: #1 Exhibit ECF 161 - Stipulated Protective Order, #2 Exhibit ECF 184 - Stipulation for the Production of Docs and Electronically Stored Info, #3 Exhibit ECF 196 - New Direct Filing Order, Master Complaint, SF Complaint, #4 Exhibit ECF 197 - Master Long Form Complaint, #5 Exhibit ECF 200 - BSC_s Master Answer to Master Long Form Complaint, #6 Exhibit ECF 7153 - Docket Control Order - BSC Wave 5 Cases, #7 Exhibit ECF 8077 - Pltf_s Notice of Adoption of Prior Daubert Motion re Badylak, #8 Exhibit ECF 4826 - Pltf_s Motion and Memo Support of MTE Badylak, #9 Exhibit ECF 8142 - BSC_s Notice of Adoption of Prior Daubert Response re Badylak, #10 Exhibit ECF 4976 - BSC_s Opp to Pltf_s MTE Badylak, #11 Exhibit ECF 5033 - Pltf_s Reply to Deft_s Response to Pltf_s MTE Badylak, #12 Exhibit ECF 6041 - Memo Opinion and Order re Daubert Motion Badylak, #13 Exhibit ECF 8078 - Pltf_s Notice of Adoption of Prior Daubert MTE re Green, #14 Exhibit ECF 1010 - WAVE 1 and 2 - Pltf_s Memo in Support of MTE Green, #15 Exhibit ECF 1010 - EX A, #16 Exhibit ECF 1010 - EX B, #17 Exhibit ECF 1010 - EX C, #18 Exhibit ECF 1010 - EX D, #19 Exhibit ECF 1010 - EX E, #20 Exhibit ECF 1010 - EX F, #21 Exhibit ECF 1018 - BSC PTO-119 - Order re Pending Daubert Motions Filed in MDL, #22 Exhibit ECF 8139 - BSC_s Notice of Adoption of Prior Daubert Response re Green, #23 Exhibit ECF 8088 - Pltf_s Notice of Adoption of Prior Daubert Motion re Little, #24 Exhibit ECF 4825 - Pltf_s Motion and Memo Support of MTE Little, #25 Exhibit ECF 4825 - Exh 1, #26 Exhibit ECF 4825 - Exh 2, #27 Exhibit ECF 4825 - Exh 3, #28 Exhibit ECF 4825 - Exh 4, #29 Exhibit ECF 4825 - Exh 5, #30 Exhibit ECF 8141 - BSC_s Notice of Adoption of Prior Daubert Response re Little, #31 Exhibit ECF 4979 - BSC_s Response in Opp to Pltf_s MTE Little, #32 Exhibit ECF 5034 - Pltf_s Reply to Def's Response to Pltf_s MTE Little, #33 Exhibit ECF 6044 - Memo Opinion and Order re Daubert Motion Little, #34 Exhibit ECF 8073 - Pltf_s Notice of Adoption of Prior Daubert Motion re Rice, #35 Exhibit ECF 4830 - Pltf_s Combined Motion and MTE Rice, #36 Exhibit ECF 8135 - BSC_s Notice of Adoption of Prior Daubert Response re Rice, #37 Exhibit ECF 4971 - Memo in Opp to Pltf_s Combined Motion and MTE Rice, #38 Exhibit ECF 4971 - Ex A, #39 Exhibit ECF 4971 - Ex B, #40 Exhibit ECF 4971 - Ex C, #41 Exhibit ECF 4971 - Ex D, #42 Exhibit ECF 6046 - Memo Opinion and Order re Daubert Motion re Rice, #43 Exhibit ECF 8076 - Pltf_s Notice of Adoption of Prior Daubert Motion re Spiegelberg, #44 Exhibit ECF 7004 - Pltf_s MTE and Memo re Spiegelberg, #45 Exhibit ECF 4827 - Pltf_s MTE Spiegelberg and Memo in Support, #46 Exhibit ECF 8149 - BSC_s Notice of Adoption of Prior Daubert Response re Spiegelberg, #47 Exhibit ECF 7088 - BSC_s Response in Opposition to Pltf_s MTE Spiegelberg, #48 Exhibit ECF 4969 - BSC_s Response in Opp to Pltf_s MTE Spiegelberg, #49 Exhibit ECF 7160 - Pltf_s Reply in Support of MTE Spiegelberg, #50 Exhibit ECF 5031 - Pltf_s Reply in Support of MTE Spiegelberg, #51 Exhibit ECF 6049 - Memo Opinion and Order re Daubert Motion Spiegelberg, #52 Exhibit ECF 8066 - BSC_s Notice of Adoption of Prior Daubert Motion re Mays, #53 Exhibit ECF 4805 - BSC_s Memo of Law in Support of Testimony of Mays, #54 Exhibit ECF 8119 - Pltf_s Notice of Adoption of Prior Daubert Response Mays, #55 Exhibit ECF 4972 - Pltf_s Memo in Opp to Def's MTE Mays, #56 Exhibit ECF 4972 - Exh 1, #57 Exhibit ECF 4972 - Exh 2, #58 Exhibit ECF 4972 - Exh 3, #59 Exhibit ECF 4972 - Exh 4, #60 Exhibit ECF 4972 - Exh 5, #61 Exhibit ECF 4972 - Exh 6, #62 Exhibit ECF 4972 - Exh 7, #63 Exhibit ECF 4972 - Exh 8, #64 Exhibit ECF 4972 - Exh 9, #65 Exhibit ECF 4972 - Exh 10, #66 Exhibit ECF 8165 - BSC_s Notice of Adoption of Reply to Pltf_s Memo in Opp to MTE Mays, #67 Exhibit ECF 5037 - BSC_s Reply to Pltf_s Memo in Opp to Dft_s MTE Mays, #68 Exhibit ECF 6036 - Memo Opinion and Order Mays, #69 Exhibit ECF 8071 - BSC_s Notice of Adoption of Prior Daubert Motion Pence, #70 Exhibit ECF 4815 - BSC_s MTE Pence and Memo in Support, #71 Exhibit ECF 8111 - Pltf_s Notice of Adoption of Prior Daubert Response Pence, #72 Exhibit ECF 4968 - Pltf_s Response in Opp to BSC_s MTE Pence, #73 Exhibit ECF 8166 - BSC_s Notice of Adoption of Reply Memo in Support of MTE Pence, #74 Exhibit ECF 5038 - BSC_s Reply Memo in Support of MTE Pence, #75 Exhibit ECF 6038 - Memo Opinion and Order re Daubert Motion Pence, #76 Exhibit ECF 8084 - BSC_s MTE Rosenzweig, #77 Exhibit ECF 8084 - Exh A, #78 Exhibit ECF 8084 - Exh B1, #79 Exhibit ECF 8084 - Exh B2, #80 Exhibit ECF 8084 - Exh B3, #81 Exhibit ECF 8084 - Exh B4, #82 Exhibit ECF 8084 - Exh C, #83 Exhibit ECF 8084 - Exh D, #84 Exhibit ECF 8117 - Pltf_s Response and Memo in Opp to BSC_s MTE Rosenzweig, #85 Exhibit ECF 8164 - BSC_s Reply in Support of MTE Rosenzweig, #86 Exhibit ECF 6039 - Memo Opinion and Order re Daubert Motion Rosenzweig, #87 Exhibit ECF 8083 - BSC_s Notice of Adoption of Prior Daubert MTE Veronikis, #88 Exhibit ECF 4807 - BSC_s MTE and Memo re Veronikis, #89 Exhibit ECF 8116 - Pltf_s Notice of Adoption of Prior Daubert Response Veronikis, #90 Exhibit ECF 4964 - Pltf_s Response and Memo in Opp to MTE Veronikis, #91 Exhibit ECF 6051 - Memo Opinion and Order re Daubert Motion Veronikis, #92 Exhibit ECF 67 - ALLEN - BSC_s Memo in Opposition to Pltf_s MTE Green, #93 Exhibit ECF 92 - FOWLER - Pltfs Reply in Support of MTE Green, #94 Exhibit ECF 92 - FOWLER - Exhs A-D, #95 Exhibit ECF 115 - Fowler - Memo Opinion and Order (Daubert Motions), #96 Exhibit ECF 216 - Pltf_s Memo in Support of MTE Spiegelberg, #97 Exhibit ECF 275 - BSC_s Opposition to Pltf_s MTE Spiegelberg, #98 Exhibit ECF 275 - Exh A, #99 Exhibit ECF 275 - Exh B, #100 Exhibit ECF 473 - Amended Memo Opinion and Order (Daubert Motions))(Strongman, Jon) [Transferred from West Virginia Southern on 9/1/2020.] |
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Filing 40
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 8/27/2020 the cases identified on Exhibit A that are still pending shall be transferred to the United States District Courts identified on Exhibit A pursuant to 28 U.S.C. 1404(a); on or before 8/26/2020 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 8/13/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (maw) [Transferred from West Virginia Southern on 9/1/2020.]
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| Filing 39 MEMORANDUM by Katrina L. Bagwell, Luke Bagwell in opposition to #38 MOTION by Boston Scientific Corporation for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Aylstock, Bryan) [Transferred from West Virginia Southern on 9/1/2020.] |
| Filing 38 MOTION by Boston Scientific Corporation for Summary Judgment and Memorandum in Support (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Anielak, Eric) [Transferred from West Virginia Southern on 9/1/2020.] |
| Filing 37 RESPONSE AND OBJECTIONS by Boston Scientific Corporation to Plaintiff's #32 NOTICE TO TAKE DEPOSITION by Katrina L. Bagwell, Luke Bagwell of James Rice, M.D. on April 26, 2019 at 2:00 p.m. PT (Strongman, Jon) [Transferred from West Virginia Southern on 9/1/2020.] |
| Filing 36 NOTICE OF DEPOSITION by Boston Scientific Corporation of Friends and Family on TBD at TBD (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/1/2020.] |
| Filing 35 NOTICE TO TAKE VIDEO DEPOSITION by Katrina L. Bagwell, Luke Bagwell of Rob Trentadue (Thornburgh, Daniel) [Transferred from West Virginia Southern on 9/1/2020.] |
| Filing 34 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Lydia Lucius on behalf of Katrina L. Bagwell, Luke Bagwell. (Lucius, Lydia) [Transferred from West Virginia Southern on 9/1/2020.] |
| Filing 33 NOTICE OF VIDEO DEPOSITION by Katrina L. Bagwell, Luke Bagwell of Patty McCord, PT, DPT, OCS (Thornburgh, Daniel) [Transferred from West Virginia Southern on 9/1/2020.] |
| Filing 32 NOTICE TO TAKE DEPOSITION by Katrina L. Bagwell, Luke Bagwell of James Rice, M.D. on April 26, 2019 at 2:00 p.m. PT (Baggett, D.) [Transferred from West Virginia Southern on 9/1/2020.] |
| Filing 31 RESPONSE by Katrina L. Bagwell, Luke Bagwell in opposition to #30 NOTICE OF VIDEOTAPED DEPOSITION by Boston Scientific Corporation of Dr. Ralph Zipper on April 19, 2019 at 10:00 am EDT (Aylstock, Bryan) [Transferred from West Virginia Southern on 9/1/2020.] |
| Filing 30 NOTICE OF VIDEOTAPED DEPOSITION by Boston Scientific Corporation of Dr. Ralph Zipper on April 19, 2019 at 10:00 am EDT (Strongman, Jon) [Transferred from West Virginia Southern on 9/1/2020.] |
| Filing 29 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Katrina Bagwell on April 24, 2019 at 10:00 a.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/1/2020.] |
| Filing 28 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Luke Bagwell on April 24, 2019 at 1:00 p.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/1/2020.] |
| Filing 27 CERTIFICATE OF SERVICE by Katrina L. Bagwell, Luke Bagwell for Designation and Disclosure of General and Case-Specific Witnesses. (Aylstock, Bryan) [Transferred from West Virginia Southern on 9/1/2020.] |
| Filing 26 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Dr. Brian Flynn on March 21, 2019 at 12:00 p.m (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/1/2020.] |
| Filing 25 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Daniel J. Thornburgh on behalf of Katrina L. Bagwell, Luke Bagwell. (Thornburgh, Daniel) [Transferred from West Virginia Southern on 9/1/2020.] |
| Filing 24 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Bobby J. Bradford on behalf of Katrina L. Bagwell, Luke Bagwell. (Bradford, Bobby) [Transferred from West Virginia Southern on 9/1/2020.] |
| Filing 23 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Dr. Brian Flynn on March 21, 2019 at 12:00 p.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/1/2020.] |
| Filing 22 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Luke Bagwell on March 25, 2019 at 1:00 p.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/1/2020.] |
| Filing 21 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Katrina Bagwell on March 25, 2019 at 10:00 a.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/1/2020.] |
| Filing 20 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Luke Bagwell on March 29, 2019 at 1:00 p.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/1/2020.] |
| Filing 19 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Katrina Bagwell on March 29, 2019 at 10:00 a.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/1/2020.] |
| Filing 18 CERTIFICATE OF SERVICE by Katrina L. Bagwell, Luke Bagwell for Responses to Defendants' Interrogatories and Requests for Production. (Aylstock, Bryan) [Transferred from West Virginia Southern on 9/1/2020.] |
| Filing 17 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Dr. Brian Flynn on March 21, 2019 at 1:00 p.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/1/2020.] |
| Filing 16 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Interrogatories and Request for Production. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/1/2020.] |
| Filing 15 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Katrina Bagwell on February 19, 2019 at 10:00 a.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/1/2020.] |
| Filing 14 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Dr. Brian Flynn on January 10, 2019 at 10:00 a.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/1/2020.] |
| Filing 13 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Dr. Cheryl L. Cowles on January 9, 2019 at 2:00 p.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/1/2020.] |
| Filing 12 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Plaintiff Fact Sheet Deficiency Letter. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/1/2020.] |
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Filing 11
PRETRIAL ORDER # 196 (Docket Control Order - Boston Scientific Corp. Wave 5 Cases) The cases on Exhibits A are: 1.) removed from the pending inactive docket; and 2.) placed on the active docket. As to the cases on Exhibits A and B: 1.) The cases are no longer eligible for return to the inactive docket nor may notices of settlement be filed to relieve the parties from scheduling deadlines; 2.) To the extent other defendants, in addition to Boston Scientific Corporation, are named in the cases on Exhibits A and B, the deadlines below also apply to them; 3.) The Clerk will file this Docket Control Order in the main MDL and, as of the time of that filing in the main MDL, every case listed on Exhibits A and B becomes subject to the deadlines in this Docket Control Order; and 4.) The following deadlines immediately apply in all Wave 5 cases with one important exception. If any of the cases on any exhibit were previously on a docket control order and dispositive and Daubert deadlines had passed before such cases became inactive, the parties may not file or refile dispositive or Daubert motions without first seeking leave of court for good cause shown. A. SCHEDULING DEADLINES. The following deadlines shall apply in all BSC Wave 5 cases: Plaintiff Fact Sheets due 11/15/2018; Defendant Fact Sheets due 11/22/2018; Deadline for written discovery requests due 12/21/2018; Expert disclosures served by plaintiffs due 02/22/2019; Expert disclosure served by defendants due 03/22/2019; Expert disclosure served for rebuttal due 03/29/2019; Deposition deadline and close of discovery due 04/29/2019; Filing of dispositive motions due 05/13/2019; Response to dispositive motions due 05/27/2019; Reply to response to dispositive motions due 06/03/2019; Filing of Daubert motions due 05/13/2019; Responses to Daubert motions due 05/27/2019; Reply to response to Daubert motions due 06/03/2019. B. MOTION PRACTICE. 3.) Confidential Documents. Any consolidated motion to seal is due on or before 03/25/2019, and any response is due by 04/09/2019. Any reply is due by 04/15/2019. The court expects full compliance with Local Civil Rule 26.4(c). C. CASES READY FOR TRANSFER, REMAND OR TRIAL 1.) Venue Recommendations. By no later than 04/06/2019, 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 04/13/2019. Signed by Judge Joseph R. Goodwin on 10/31/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2326; BSC Wave 5 cases identified on Exhibits A and B) (lca) (ADI) [Transferred from West Virginia Southern on 9/1/2020.]
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Filing 10
ORDER The deadline to submit joint motions of dismissal is extended to 10/31/2018 for all cases in MDL 2326 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2326 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 8/15/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases on inactive docket) (kp) (ADI) [Transferred from West Virginia Southern on 9/1/2020.]
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Filing 9
ORDER (CHANGE TO CHARACTERIZATION BY CLERK'S OFFICE OF CASES ON INACTIVE DOCKET) It is directed that in all cases with an inactive docket order which resulted in "Closed" and "MDL Boston Inactive" flags on the docket sheet, the Clerk is directed to update the docket by removing the "Closed" flag from the docket sheet and leaving the "MDL Boston Inactive" flag, for reasons set forth herein. Signed by Judge Joseph R. Goodwin on 4/26/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Member Cases Flagged "Closed" and "MDL Boston Inactive") (brn) (ADI) [Transferred from West Virginia Southern on 9/1/2020.]
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Filing 8
ORDER The deadline to submit joint motions of dismissal is extended to 8/31/2018 for all cases in MDL 2326 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2326 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 3/16/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases on inactive docket) (lca) (ADI) [Transferred from West Virginia Southern on 9/1/2020.]
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Filing 7
ORDER The deadline to submit joint motions of dismissal is extended to 3/31/2018 for all cases in MDL 2326 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2326 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 10/19/2017. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases on inactive docket) (rec) [Transferred from West Virginia Southern on 9/1/2020.]
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Filing 6
INACTIVE DOCKET ORDER: The court has been advised that the plaintiff(s) and Boston Scientific Corporation have reached a settlement with regard to BSC. All discovery deadlines are continued until further order of the court. The Clerk is directed to retire this case from the active docket. Plaintiff(s) and BSC may submit an agreed order of dismissal with prejudice on or before 11/2/2017; if settlements are not finalized and dismissal orders are not submitted by then the Court will have a hearing to determine the appropriate action pertaining to any remaining cases on the inactive docket. Counsel for plaintiffs and defendant(s) are directed to provide quarterly reports as to their progress in dismissing cases on the inactive docket. The court will reinstate the case to the active docket if one of the parties shows good cause for such reinstatement. This Order is related to the Proposed Inactive Docket Order filed at ECF No. 3389 in MDL Case No. 2326 Boston. Signed by Judge Joseph R. Goodwin on 6/23/2017. (cc: attys; any unrepresented party) (ts) (ADI) [Transferred from West Virginia Southern on 9/1/2020.]
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| Filing 5 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon A. Strongman on 10/24/2013. Boston Scientific Corporation waiver mailed on 5/31/2013, answer due 7/30/2013. (Strongman, Jon) [Transferred from West Virginia Southern on 9/1/2020.] |
| 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 9/1/2020.] |
| Filing 3 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 9/1/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 57 (FIRST AMENDED DOCKET CONTROL ORDER FIRST AND SECOND ROUND OF BELLWETHER TRIALS) entered on 10/09/2013 in MDL 2326 to attorneys in member case. (cbo) [Transferred from West Virginia Southern on 9/1/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2698635. (Attachments: #1 Civil Cover Sheet, #2 Notice of Service Under Delayed Filing Agreement) (mmw) [Transferred from West Virginia Southern on 9/1/2020.] |
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