Derby v. Boston Scientific Corporation
| Mindy Derby |
| Boston Scientific Corporation |
| 1:2020cv02696 |
| September 4, 2020 |
| US District Court for the District of Colorado |
| Philip A Brimmer |
| Nina Y Wang |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 30, 2020. A more recent docket listing may be available from PACER.
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| Filing 67 REPLY to Response to #61 Renewed MOTION for Summary Judgment filed by Defendant Boston Scientific Corporation. (Carter, Hannah) |
| Filing 65 BRIEF in Opposition to #61 Renewed MOTION for Summary Judgment filed by Plaintiff Mindy Derby. (Attachments: #1 Exhibit Exhibit A. Defendant BSC Expert Report of Stephen Spieldberg MD, #2 Exhibit Exhibit B. MSDS for Marlex Polypropylene, #3 Exhibit Exhibit C. Depo Excerpt of Sales rep Brian Ceccanti, #4 Exhibit Exhibit D. BSC Lynx Brochure, #5 Exhibit Exhibit E. Depo excerpt of implanting surgeon Terry Dunn MD, #6 Exhibit Exhibit F. Depo Excerpt of Plaintiff Mindy Derby, #7 Exhibit Exhibit G. Depo Excerpt of Surgeon Shlomo Raz MD)(Casperson, Clint) |
| Filing 66 AMENDED ENTRY FOR Telephonic Status Conference #64 held on 10/13/2020 before Magistrate Judge Nina Y. Wang to correct the dial-in information. All participants shall call 888-363-4749, Access Code 5738976 at the scheduled time. FTR: NYW-CRD. (bwilk, ) |
| Filing 64 COURTROOM MINUTES/MINUTE ORDER for Status Conference held on 10/13/2020 before Magistrate Judge Nina Y. Wang. A telephonic Final Pretrial Conference is set for December 2, 2020, at 10:00 a.m. before Magistrate Judge Nina Y. Wang in Courtroom A-502. The parties shall electronically file their proposed pretrial order through CM/ECF and include a courtesy copy of the proposed order in a Word format sent by email to Wang_Chambers@cod.uscourts.gov, on or before November 25, 2020. All participants shall call 888-363-4749, Access Code 5738946 at the scheduled time. FTR: NYW-CRD. (bwilk, ) Modified on 10/21/2020 to correct dial-in information to 5738976 |
Filing 63
MINUTE ORDER by Magistrate Judge Nina Y. Wang on 10/9/2020. Due to an unavoidable scheduling conflict, the Telephonic Status Conference set for 10/13/2020 at 3:00 PM is hereby RESET in time only for 01:30 PM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. All participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976# at the designated time. Text Only Entry (nywlc1, )
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| Filing 62 CONSENT to Jurisdiction of Magistrate Judge by Defendant Boston Scientific Corporation All parties do not consent.. (Carter, Hannah) |
| Filing 61 Renewed MOTION for Summary Judgment by Defendant Boston Scientific Corporation. (Attachments: #1 Exhibit A - Plaintiff's Fact Sheet, #2 Exhibit B - Plaintiff's Short Form Complaint, #3 Exhibit C - Lynx - Directions for Use, #4 Exhibit D - FDA 510K Clearance Letter, #5 Exhibit E - Master Long Form Complaint)(Carter, Hannah) |
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Filing 60
MINUTE ORDER by Magistrate Judge Nina Y. Wang on 30 September 2020. IT IS ORDERED that a Telephonic Status Conference is hereby set for October 13, 2020 at 3:00 p.m. All participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976#. The Parties shall be prepared to discuss what, if any, issues remain prior to entry of a Final Pretrial Order and/or setting of a Final Pretrial Conference. (cmadr, )
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| Filing 59 Joint STATUS REPORT Pursuant to Court's September 10, 2020 Order by Defendant Boston Scientific Corporation. (Carter, Hannah) |
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Filing 58
MINUTE ORDER by Chief Judge Philip A. Brimmer on 9/22/2020 re: #42 Motion for Summary Judgment. ORDERED that defendant's Motion for Summary Judgment [Docket No. #42 ] is DENIED without prejudice. ORDERED that, on or before October 2, 2020, defendant shall file a motion for summary judgment that complies with the Court's Practice Standards. Neither defendant nor plaintiff are permitted to add new arguments or evidence to their refiled briefs, except to add citations to cases decided after the motion was originally filed. (pabsec2) Modified on 9/23/2020 as entry was not text only.(sgrim, ).
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| Filing 57 Joint STATUS REPORT Pursuant to Court's September 10, 2020 Order by Defendant Boston Scientific Corporation. (Carter, Hannah) |
| Filing 56 NOTICE of Entry of Appearance by Daniel Joseph Connolly on behalf of Boston Scientific CorporationAttorney Daniel Joseph Connolly added to party Boston Scientific Corporation(pty:dft) (Connolly, Daniel) |
| Filing 55 NOTICE of Entry of Appearance by Clint J. Casperson on behalf of Mindy DerbyAttorney Clint J. Casperson added to party Mindy Derby(pty:pla) (Casperson, Clint) |
| Filing 54 NOTICE of Entry of Appearance by Shawn P. Fox on behalf of Mindy DerbyAttorney Shawn P. Fox added to party Mindy Derby(pty:pla) (Fox, Shawn) |
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Filing 53
ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang for non-dispositive matters. 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, and (4) conduct a pretrial conference and enter a pretrial order. 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 Chief Judge Philip A. Brimmer on 9/11/2020. Text Only Entry (pabsec2)
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Filing 52
MINUTE ORDER by Chief Judge Philip A. Brimmer on 9/10/2020, re: #45 Transfer Order. ORDERED that, on or before September 18, 2020, the parties shall file status reports, limited to five pages, discussing how they believe the Court should address defendants failure to admit or deny plaintiffs Additional Summary Judgment Facts. ORDERED that, on or before September 25, 2020, the parties shall file a joint status report identifying any pending motions not otherwise identified in this order that require a ruling. The report shall also advise whether a final pretrial order has been entered and advise whether this case is ready to be set for trial. (sphil, )
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| Filing 51 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 50 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (alave, ) |
| Filing 49 Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Nina Y. Wang. Text Only Entry. (alave, ) |
| Filing 48 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 47 Case transferred in from District of West Virginia Southern; Case Number 2:15-cv-11935. File, transfer order and docket sheet received |
| Filing 46 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02326 - Boston Scientific Corporation. (Attachments: #1 Exhibit ECF 161 - BSC PTO-11 - Stipulated Protective Order, #2 Exhibit ECF 184 - BSC PTO-13 - Stipulation for Production of Docs and ESI, #3 Exhibit ECF 196 - BSC PTO-14 - 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 8025 - BSC PTO-208 - DCO BSC Wave 7 Cases, #7 Exhibit ECF 8315 - Pltf_s Notice of Adoption of Prior Daubert Motion Badylak, #8 Exhibit ECF 4826 - Pltf_s Motion and Memo Support of MTE Badylak, #9 Exhibit ECF 8364 - BSC_s Notice of Adoption of Prior Daubert Response of 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 8320 - Pltf_s Notice of Adoption of Prior Daubert Motion Caraballo, #14 Exhibit ECF 4832 - Motion and Memo in Support of Pltf_s MTE Carabello, #15 Exhibit ECF 8373 - BSC_s Notice of Adoption of Prior Daubert Response Caraballo, #16 Exhibit ECF 4974 - BSC_s Memo in Opp to Pltf_s MTE Caraballo, #17 Exhibit ECF 5030 - Pltf_s Reply in BSC_s Opp to Pltf_s MTE Caraballo, #18 Exhibit ECF 6042 - Memo Opinion and Order re Caraballo, #19 Exhibit ECF 8316 - Pltf_s Notice of Adoption of Prior Daubert Motion Little, #20 Exhibit ECF 4825 - Pltf_s Motion and Memo Support of MTE Little, #21 Exhibit ECF 8362 - BSC_s Notice of Adoption of Prior Daubert Response of Little, #22 Exhibit ECF 4979 - BSC_s Response in Opp to Pltf_s MTE Little, #23 Exhibit ECF 5034 - Pltf_s Reply to Deft_s Response to Pltf_s MTE Little, #24 Exhibit ECF 6044 - Memo Opinion and Order re Daubert Motion Little, #25 Exhibit ECF 8317 - Pltf_s Notice of Adoption of Prior Daubert Motion Spiegelberg, #26 Exhibit ECF 7004 - Pltf_s MTE and Memo re Spiegelberg, #27 Exhibit ECF 4827 - Pltf_s MTE Spiegelberg and Memo in Support, #28 Exhibit ECF 8377 - BSC_s Notice of Adoption of Prior Daubert Response Spiegelberg, #29 Exhibit ECF 7088 - BSC_s Response in Opposition to Pltf_s MTE Spiegelberg, #30 Exhibit ECF 4969 - BSC_s Response in Opp to Pltf_s MTE Spiegelberg, #31 Exhibit ECF 7160 - Pltf_s Reply in Support of MTE Spiegelberg, #32 Exhibit ECF 5031 - Pltf_s Reply in Support of MTE Spiegelberg, #33 Exhibit ECF 6049 - Memo Opinion and Order re Daubert Motion Spiegelberg, #34 Exhibit ECF 8330 - BSC_s Memo in Support of MTE Mays, #35 Exhibit ECF 8365 - Pltf_s Memo in Opp to BSC_s MTE Mays, #36 Exhibit ECF 8384 - BSC_s Reply in Support of MTE Mays, #37 Exhibit ECF 8328 - BSC_s Notice of Adoption of Prior Daubert MTE Rosenzweig, #38 Exhibit ECF 8084 - BSC_s MTE Rosenzweig, #39 Exhibit ECF 8084 - Exh A, #40 Exhibit ECF 8084 - Exh B1, #41 Exhibit ECF 8084 - Exh B2, #42 Exhibit ECF 8084 - Exh B3, #43 Exhibit ECF 8084 - Exh B4, #44 Exhibit ECF 8084 - Exh C, #45 Exhibit ECF 8084 - Exh D, #46 Exhibit ECF 8357 - Pltf_s Response and Memo in Opp to BSC_s MTE Rosenzweig, #47 Exhibit ECF 8382 - BSC_s Reply in Support of MTE Rosenzweig, #48 Exhibit ECF 6039 - Memo Opinion and Order re Daubert Motion Rosenzweig, #49 Exhibit ECF 216 - Pltf_s Memo in Support of MTE Spiegelberg, #50 Exhibit ECF 275 - BSC_s Opposition to Pltf_s MTE Spiegelberg, #51 Exhibit ECF 275 - Exh A, #52 Exhibit ECF 275 - Exh B, #53 Exhibit ECF 473 - Amended Memo Opinion and Order (Daubert Motions))(Strongman, Jon) (Modified on 9/2/2020 to add party filer) (msa). [Transferred from West Virginia Southern on 9/4/2020.] |
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Filing 45
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 09/04/2020 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 09/03/2020 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 8/21/2020. (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 9/4/2020.]
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Filing 44
ORDER denying #17 MOTION by Boston Scientific Corporation to Dismiss With Prejudice. Signed by Judge Joseph R. Goodwin on 1/21/2020. (cc: counsel of record; any unrepresented party) (st) [Transferred from West Virginia Southern on 9/4/2020.]
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| Filing 43 RESPONSE by Mindy Derby in opposition to #42 MOTION by Boston Scientific Corporation for Summary Judgment (Attachments: #1 Exhibit Ex A, #2 Exhibit Ex B, #3 Exhibit Ex C, #4 Exhibit Ex D, #5 Exhibit Ex E, #6 Exhibit Ex F, #7 Exhibit Ex G)(Casperson, Clinton) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 42 MOTION by Boston Scientific Corporation for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Strongman, Jon) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 41 NOTICE OF DEPOSITION by Boston Scientific Corporation of Friends and Family on TBD at TBD (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 40 OBJECTIONS by Boston Scientific Corporation to Plaintiff's #39 First Amended Notice to Take Videotaped Deposition Duces Tecum of Brian Ceccanti. (Strongman, Jon) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 39 AMENDED NOTICE TO TAKE VIDEOTAPED DEPOSITION by Mindy Derby of Brian Ceccanti on October 10, 2019 at 2:00 pm Mountain Time (Attachments: #1 Exhibit PTO 36)(Casperson, Clinton) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 38 RETURN OF SERVICE ON SUBPOENA by Mindy Derby for Brian Ceccanti re: #35 NOTICE TO TAKE VIDEO DEPOSITION. (Casperson, Clinton) (Modified on 9/27/2019 to add link to #35 notice of deposition)(msa). [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 37 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Rule 26 Designation and Disclosure of Expert Witnesses. (Strongman, Jon) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 36 RESPONSE by Mindy Derby to #34 Notice of Videotaped Deposition of Deposition Bruce A. Rosenzweig, M.D. (Casperson, Clinton) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 35 NOTICE TO TAKE VIDEO DEPOSITION by Mindy Derby of Brian Ceccanti on 10/03/2019 at 10:00 am (Attachments: #1 Exhibit PTO 38. Deposition Protocol, #2 Exhibit Brian Ceccanti Federal Subpoena to Testify at Deposition)(Casperson, Clinton) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 34 NOTICE OF VIDEOTAPED DEPOSITION by Boston Scientific Corporation of Bruce A. Rosenzweig, M.D on 10/16/2019 at 9:00 am (Strongman, Jon) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 33 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Terry Dunn on August 23, 2019 at 1:30 P.M. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 32 CERTIFICATE OF SERVICE by Mindy Derby for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Casperson, Clinton) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 31 NOTICE TO TAKE VIDEOTAPED DEPOSITION by Mindy Derby of Dr. Terry Dunn on August 23, 2019 at 1:30pm MDT (Casperson, Clinton) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 30 AMENDED CERTIFICATE OF SERVICE by Mindy Derby for Responses to Defendants First Set of Interrogatories and First Set of Requests for Production. (Casperson, Clinton) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 29 CERTIFICATE OF SERVICE by Mindy Derby for Responses to First Set Interrogatories, First Set of Request for Production of Documents, and First Request for Admission. (Casperson, Clinton) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 28 NOTICE TO TAKE VIDEOTAPED DEPOSITION by Mindy Derby of Dr. Shlomo Raz on July 24, 2019 at 4:00 pm (Casperson, Clinton) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 27 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Shlomo Raz on July 24, 2019 at 4:00 p.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 26 RESPONSE AND OBJECTIONS by Mindy Derby to #20 Notice of Deposition Duces Tecum of Mindy Derby (Casperson, Clinton) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 25 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Mindy Derby on July 17, 2019 at 10 am (Keale, James) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 24 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Interrogatories and Request for Production of Documents. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 23 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Shlomo Raz on July 24, 2019 at 1:00pm (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 22 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Terry Sue Dunn on July 23, 2019 at 1:00pm (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 21 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Plaintiff Fact Sheet Deficiency Letter. (Keale, James) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 20 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Mindy Derby on July 17, 2019 at 10:00 a.m. (Keale, James) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 19 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 9/4/2020.] |
| Filing 18 RESPONSE by Mindy Derby in opposition to #17 MOTION by Boston Scientific Corporation to Dismiss With Prejudice. (Attachments: #1 Exhibit A. PFS Transmittal Email 05.31.19, #2 Exhibit B. Derby - Affidavit, #3 Exhibit C. REDACTED Derby PPF, #4 Exhibit D. Redacted PFS)(Casperson, Clinton) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 17 MOTION by Boston Scientific Corporation to Dismiss With Prejudice. (Keale, James) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 16 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 9/4/2020.] |
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Filing 15
PRETRIAL ORDER # 208 (Docket Control Order - Boston Scientific Corp. Wave 7 Cases) The court ORDERS that the cases on Exhibits A and B are: (1) removed from the pending inactive docket; and (2) placed on the active docket. The court further ORDERS that: (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 every case listed on Exhibits A and B become subject to the deadlines in this Docket Control Order; and (4) The following deadlines immediately apply in all Wave 7 cases with one important exception, as more fully set forth herein. Scheduling Deadlines. The following deadlines shall apply in all BSC Wave 7 cases: Plaintiff Fact Sheets due by 05/11/2019. Defendant Fact Sheets due by 05/20/2019. Deadline for written discovery requests due by 06/20/2019. Expert disclosures served by plaintiffs due by 08/19/2019. Expert disclosure served by defendants due by 09/18/2019. Expert disclosure served for rebuttal due by 09/25/2019. Deposition deadline and close of discovery due by 10/25/2019. Filing of dispositive motions due by 11/01/2019. Response to dispositive motions due by 11/15/2019. Reply to response to dispositive motions due by 11/22/2019. Filing of Daubert motions due by 11/04/2019. Responses to Daubert motions due by 11/18/2019. Reply to response to Daubert motions due by 11/25/2019. Confidential Documents. Issues related to sealing of confidential documents that the parties are unable to resolve, must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 9/20/2019, and any response is due by 10/03/2019. Any reply is due by 10/10/2019. Venue Recommendations. The parties shall meet and confer concerning the appropriate venue for each of the cases no later than 10/08/2019, the parties are ORDERED to file joint venue recommendations by 10/18/2019. The parties' joint recommendation(s) shall identify cases where venue is in dispute. Signed by Judge Joseph R. Goodwin on 5/1/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2326; BSC Wave 7 cases identified on Exhibits A and B) (kew) (ADI) [Transferred from West Virginia Southern on 9/4/2020.]
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| Filing 14 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Sean Patrick Tracey on behalf of Mindy Derby. (Tracey, Sean) [Transferred from West Virginia Southern on 9/4/2020.] |
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Filing 13
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) (ts) (ADI) [Transferred from West Virginia Southern on 9/4/2020.]
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Filing 12
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") (klc) [Transferred from West Virginia Southern on 9/4/2020.]
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Filing 11
ORDER The #10 SUBSTITUTION OF COUNSEL by Daniel A. Sloane Substituting Clint Casperson as Counsel in lieu of Daniel A. Sloane for Mindy Derby is GRANTED to the extent Daniel A. Sloane requests to be withdrawn and DENIED as moot in regard to the request that Clint Casperson be substituted in his place. Signed by Judge Joseph R. Goodwin on 4/13/2018. (cc: counsel of record; any unrepresented party) (brn) [Transferred from West Virginia Southern on 9/4/2020.]
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| Filing 10 SUBSTITUTION OF COUNSEL by Daniel A. Sloane Substituting Clint Casperson as Counsel in lieu of Daniel A. Sloane for Mindy Derby (Sloane, Daniel) [Transferred from West Virginia Southern on 9/4/2020.] |
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Filing 9
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 8/31/2018; 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. 5115 in MDL Case No. 2326 Boston. Signed by Judge Joseph R. Goodwin on 3/16/2018. (cc: attys; any unrepresented party) (mek) [Transferred from West Virginia Southern on 9/4/2020.]
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Filing 8
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) (lca) (ADI) [Transferred from West Virginia Southern on 9/4/2020.]
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| Filing 7 PLAINTIFF PROFILE FORM filed by Mindy Derby. (Sloane, Daniel) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Bonasso on behalf of Boston Scientific Corporation. (Bonasso, Michael) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 5 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon Strongman on 8/20/15. Boston Scientific Corporation waiver mailed on 8/19/2015, answer due 10/19/2015. (Strongman, Jon) [Transferred from West Virginia Southern on 9/4/2020.] |
| 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 9/4/2020.] |
| Filing 3 TRANSMITTED PRETRIAL ORDER # 126 (Order Rescheduling Time of Status Conference on June 2, 2015) entered on 05/22/2015 in MDL 2326 to attorneys in member case. (kp) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 2 ELECTRONIC SUMMONS ISSUED as to Boston Scientific Corporation, re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (cwm) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-4065585. (Attachment: #1 Civil Cover Sheet) (cwm) [Transferred from West Virginia Southern on 9/4/2020.] |
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| Defendant: Boston Scientific Corporation | |
| Represented By: | Daniel Joseph Connolly |
| Represented By: | Hannah Caroline Carter |
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| Plaintiff: Mindy Derby | |
| Represented By: | Clint J. Casperson |
| Represented By: | Shawn P. Fox |
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