Grube et al v. Boston Scientific Corporation
| Suzanne Grube and Willard Titus Grube |
| Boston Scientific Corporation and C R Bard Inc |
| 1:2020cv00638 |
| May 12, 2020 |
| US District Court for the District of Delaware |
| Maryellen Noreika |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 29, 2020. A more recent docket listing may be available from PACER.
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Filing 65
ORAL ORDER re #64 Notice of Settlement - IT IS HEREBY ORDERED that the parties shall file a joint status report on or before 2/21/2021. ORDERED by Judge Maryellen Noreika on 6/29/2020. (dlw)
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| Filing 64 NOTICE of Settlement by Boston Scientific Corporation (Rogin, Alexandra) |
| Minute Entry for proceedings held before Judge Maryellen Noreika - Telephone Conference held on 6/19/2020 to discuss the case status, trial date, and defendant's request for additional discovery ( #62 ). The parties shall confer and file a proposed schedule by mid-August that contemplates the filing of reply briefs and statements of undisputed facts and responses thereto on the pending motions ( #45 & #46 ), along with the other directives pertaining to summary judgment ordered by the Court. The defendant's request for additional discovery is granted, but the additional discovery is limited. See transcript for more details.(Court Reporter Dale Hawkins.) (mdb) Modified on 6/19/2020 (mdb). |
| CORRECTING ENTRY: The docket text of the 6/19/2020 Minute Entry has been corrected. (mdb) |
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Filing 63
ORAL ORDER Setting Teleconference: Having reviewed #62 the parties' Local Rule 81.2 Statement, IT IS HEREBY ORDERED that a Telephone Conference is set for 6/19/2020 at 10:00 AM before Judge Maryellen Noreika. Counsel shall provide a dial-in number for the teleconference by emailing this Court's judicial administrator. ORDERED by Judge Maryellen Noreika on 6/15/2020. (dlw)
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| Filing 62 Joint STATEMENT Pursuant to Local Rule 81.2 re 60 Oral Order by Boston Scientific Corporation. (Rogin, Alexandra) Modified on 6/15/2020 (dlw). |
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SO ORDERED re #61 MOTION for Pro Hac Vice Appearance of Attorney David Nathaniel Bigelow filed by Willard Titus Grube, Suzanne Grube. ORDERED by Judge Maryellen Noreika on 6/10/2020. (dlw)
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| Filing 61 MOTION for Pro Hac Vice Appearance of Attorney David Nathaniel Bigelow - filed by Suzanne Grube, Willard Titus Grube. (Simon, Laura) |
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Filing 60
ORAL ORDER - WHEREAS, pursuant to Local Rule 81.2, "[i]n any case transferred or removed to this Court, within 21 days of the filing of the case with the Clerk, the parties shall submit a statement identifying all pending matters which require judicial action"; WHEREAS, this case was opened in the District of Delaware on 5/12/2020 making the Local Rule 81.2 Statement due on or before 6/2/2020; and WHEREAS, to date no statement has been filed. THEREFORE, IT IS HEREBY ORDERED that the parties shall file the requisite Local Rule 81.2 Statement on or before 6/15/2020. ORDERED by Judge Maryellen Noreika on 6/8/2020. (dlw)
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| Filing 59 NOTICE of Appearance by Laura J. Simon on behalf of All Plaintiffs (Simon, Laura) |
| Filing 58 MOTION for Pro Hac Vice Appearance of Attorney Christopher J. Casolaro - filed by Boston Scientific Corporation. (Rogin, Alexandra) |
| Filing 57 MOTION for Pro Hac Vice Appearance of Attorney Christine R.M. Kain - filed by Boston Scientific Corporation. (Rogin, Alexandra) |
| Filing 56 MOTION for Pro Hac Vice Appearance of Attorney John W. Ursu - filed by Boston Scientific Corporation. (Rogin, Alexandra) |
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SO ORDERED re #57 MOTION for Pro Hac Vice Appearance of Attorney Christine R.M. Kain, #56 MOTION for Pro Hac Vice Appearance of Attorney John W. Ursu filed by Boston Scientific Corporation. ORDERED by Judge Maryellen Noreika on 5/28/2020. (dlw)
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| Pro Hac Vice Attorney Christopher J. Casolaro for Boston Scientific Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lak) |
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SO ORDERED re #58 MOTION for Pro Hac Vice Appearance of Attorney Christopher J. Casolaro filed by Boston Scientific Corporation. ORDERED by Judge Maryellen Noreika on 5/28/2020. (dlw)
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| Filing 55 NOTICE of Appearance by Alexandra Rogin on behalf of Boston Scientific Corporation (Rogin, Alexandra) |
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
| Filing 54 Local Counsel Letter sent. Notice of Compliance deadline set for 6/11/2020. (lak) |
| Filing 53 Record of case transferred in from District of West Virginia Southern; Case Number in Other District: 2:13-cv-05920. Copy of Docket Sheet and original file |
| Filing 52 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 the Production of Docs and Electronically Stored Info, #3 Exhibit ECF 197 - Master Long Form Complaint, #4 Exhibit ECF 200 - BSC's Master Answer to Master Long Form Complaint, #5 Exhibit ECF 7153 - BSC PTO-196 - Docket Control Order - BSC Wave 5 Cases, #6 Exhibit ECF 7960 - BSC's Joint Venue Recommendations (Wave 5), #7 Exhibit ECF 4805 - BSC's Memo of Law in Support of Testimony of Mays, #8 Exhibit ECF 4972 - Pltf's Memo in Opp to Deft's Motion to Exclude Mays, #9 Exhibit ECF 6036 - 2018-05-29 - BSC-MDL - Memo Opinion and Order re Daubert Motion re Dr. Jimmy Mays, #10 Exhibit ECF 7010 - BSC's Notice of Adoption of Prior Daubert Motion to Exclude Mays, #11 Exhibit ECF 7033 - Pltf's Notice of Adoption of Prior Daubert Response of Mays, #12 Exhibit ECF 7065 - Pltf's Notice of Adoption of Prior Daubert Response of Mays, #13 Exhibit ECF 8066 - BSC's Notice of Adoption of Prior Daubert MTE Mays, #14 Exhibit ECF 8119 - Pltf's NOA of Prior Daubert Response of Mays for Wave 5, #15 Exhibit ECF 4815 - BSC's Motion to Exclude Pence, #16 Exhibit ECF 4968 - Pltf's Response in Opposition to Motion to Exclude Pence, #17 Exhibit ECF 6038 - 2018-05-29 - BSC-MDL - Memo Opinion and Order re Daubert Motion re Dr. Peggy Pence (D.E. 6038), #18 Exhibit ECF 7018 - BSC's Notice of Adoption of Prior Daubert Motion to Exclude Pence, #19 Exhibit ECF 7036 - Pltf's Notice of Adoption of Prior Daubert Response of Pence, #20 Exhibit ECF 7047 - Pltf's Notice of Adoption of Prior Daubert Response of Pence, #21 Exhibit ECF 8071 - BSC's Notice of Adoption of Prior Daubert Motion to Exclude Peggy Pence, PhD (D.E. 8071), #22 Exhibit ECF 8111 - Pltf's NOA of Prior Daubert Response of Pence for Wave 5, #23 Exhibit ECF 4813 - BSC's Motion to Exclude Rosenzweig, #24 Exhibit ECF 4957 - 2018-02-01 - Pltf's Opposition to BSC's Motion to Exclude Testimony of Dr. Bruce Rosenzweig, MD, #25 Exhibit ECF 6039 - Memo Opinion and Order re Daubert Motion Rosenzweig, #26 Exhibit ECF 7011 - BSC's Motion to Exclude Rosenzweig, #27 Exhibit ECF 7085 - Pltf's Response to BSC's MTE Rosenzweig, #28 Exhibit ECF 7175 - BSC's Reply in Support of Motion to Exclude Rosenzweig, #29 Exhibit ECF 8084 - BSC's Motion to Exclude General Causation Testimony of Rosenzweig, #30 Exhibit ECF 8117 - Pltf's Response in Opp to BSC's MTE Rosenzweig, #31 Exhibit ECF 4810 - BSC's MTE of Shull, #32 Exhibit ECF 4966 - Pltf's Opp to BSC's Mtn to Limit Testimony of Shull, #33 Exhibit ECF 6048 - Order re Daubert Motion re Shull, #34 Exhibit ECF 7013 - BSC's NOA of Prior Daubert MTE Shull, #35 Exhibit ECF 7038 - Pltf's NOA of Prior Daubert Response of Shull for BSC Wave 4, #36 Exhibit ECF 8075 - BSC's NOA of Prior Daubert MTE Shull, #37 Exhibit ECF 8112 - Pltf's NOA of Prior Daubert Response of Shull for Wave 5, #38 Exhibit ECF 4826 - Pltf's Motion to Exclude Badylak, #39 Exhibit ECF 4976 - BSC's Opp to Motion to Exclude Badylak, #40 Exhibit ECF 5033 - Pltf's Reply to Deft's Response to Motion to Exclude Badylak, #41 Exhibit ECF 6041 - Memo Opinion and Order re Daubert Motion re Badylak, #42 Exhibit ECF 6984 - Pltf's Notice of Adoption of Prior Daubert Motion of Badylak, #43 Exhibit ECF 8077 - Pltf's Notice of Adoption of Prior Daubert of Badylak for Wave 5, #44 Exhibit ECF 8142 - BSC's Notice of Adoption of Prior Daubert Response of Badylak, #45 Exhibit ECF 7067 - BSC's Notice of Adoption of Prior Daubert Response of Badylak, #46 Exhibit ECF 4825 - Pltf's Motion to Exclude Little, #47 Exhibit ECF 4979 - BSC's Response in Opp to Motion to Exclude Little, #48 Exhibit ECF 5034 - Pltf's Reply to Deft's Response to Motion to Exclude Little, #49 Exhibit ECF 6044 - Order re Daubert Motion re Dr. Little, #50 Exhibit ECF 6995 - Pltf's Notice of Adoption of Prior Daubert Mtn of Little, #51 Exhibit ECF 7066 - BSC's Notice of Adoption of Prior Daubert Response Little, #52 Exhibit ECF 8088 - Pltf's Notice of Adoption of Prior Daubert Motion of Little for Wave 5, #53 Exhibit ECF 8141 - BSC's Notice of Adoption of Prior Daubert Response of Little, #54 Exhibit ECF 4827 - Pltf's MTE Spiegelberg and Memo in Support, #55 Exhibit ECF 4969 - Response in Opp to Pltf's MTE Spiegelberg, #56 Exhibit ECF 5031 - Pltf's Reply in Support of Motion to Exclude Spiegelberg, #57 Exhibit ECF 6049 - Order re Daubert Motion re Spiegelberg, #58 Exhibit ECF 7004 - Pltf's Motion to Exclude Spiegelberg, #59 Exhibit ECF 7088 - BSC's Response in Opp to Motion to Exclude Spiegelberg, #60 Exhibit ECF 7160 - Pltf's Reply in Support of Motion to Exclude Spiegelberg, #61 Exhibit ECF 8076 - Pltf's NOA of Prior Daubert Mtn of Spiegelberg for Wave 5, #62 Exhibit ECF 8149 - BSC's NOA of Prior Daubert Response of Spiegelberg, #63 Exhibit ECF 4833 - Pltf's Motion to Exclude Rosenblatt, #64 Exhibit ECF 4978 - Memo in Opp to Pltf's Motion to Exclude Rosenblatt, #65 Exhibit ECF 5039 - Pltf's Reply in Support of MTE Rosenblatt, #66 Exhibit ECF 6047 - Memo Opinion and Order re Daubert Motion re Rosenblatt, #67 Exhibit ECF 6986 - Pltf's Notice of Adoption of Prior Daubert Motion of Rosenblatt, #68 Exhibit ECF 7061 - BSC's Notice of Adoption of Prior Daubert Response of Rosenblatt, MD, #69 Exhibit ECF 8074 - Pltf's Notice of Adoption of Prior Daubert Mtn of Rosenblatt for Wave 5, #70 Exhibit ECF 8140 - BSC's Notice of Adoption of Prior Daubert Response of Rosenblatt, #71 Exhibit ECF 4824 - Pltf's Combined Motion and Memo to Exclude Davies, #72 Exhibit ECF 4975 - BSC's Opp to Pltf's Motion to Exclude Davies, #73 Exhibit ECF 5032 - Pltf's Reply Memo in Support of MTE Davies, #74 Exhibit ECF 6987 - Pltf's Notice of Adoption of Prior Daubert Mtn of Davies for Wave 4, #75 Exhibit ECF 7052 - BSC's Notice of Adoption of Prior Daubert Response of Davies, #76 Exhibit ECF 8065 - Pltf's Notice of Adoption of Prior Daubert Mtn of Davies for Wave 5, #77 Exhibit ECF 8144 - BSC's Notice of Adoption of Prior Daubert Response of Davies)(Anielak, Eric) (Modified on 5/10/2020 to add party filers) (mk). [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 51 NOTICE OF ATTORNEY APPEARANCE by David Nathaniel Bigelow on behalf of Suzanne Grube, Willard Titus Grube. (Bigelow, David) [Transferred from West Virginia Southern on 5/12/2020.] |
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Filing 50
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 5/12/2020 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 5/11/2020 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 4/28/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (mms) [Transferred from West Virginia Southern on 5/12/2020.]
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| Filing 49 RESPONSE by Suzanne Grube, Willard Titus Grube in opposition to #45 MOTION by Boston Scientific Corporation for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Urzua, Carlos) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 48 RESPONSE by Suzanne Grube, Willard Titus Grube in opposition to #46 MOTION by Boston Scientific Corporation for Partial Summary Judgment (Urzua, Carlos) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 47 AMENDED NOTICE OF VIDEOTAPED DEPOSITION by Boston Scientific Corporation of Dr. Steven Grover on May 24, 2019 at 12:00 p.m. (MDT) (Strongman, Jon) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 46 MOTION by Boston Scientific Corporation for Partial Summary Judgment and Memorandum in Support (Attachments: #1 Exhibit A, #2 Exhibit B)(Anielak, Eric) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 45 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 5/12/2020.] |
| Filing 44 AMENDED NOTICE OF VIDEOTAPED DEPOSITION by Boston Scientific Corporation of Dr. Steven Grover on May 24, 2019 at 8:00 a.m. (MDT) (Strongman, Jon) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 43 NOTICE OF DEPOSITION by Boston Scientific Corporation of Friends and Family on TBD at TBD (Tanenbaum, Michael) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 42 NOTICE OF DEPOSITION by Boston Scientific Corporation of Delaney Elizabeth Grube on TBD at TBD (Tanenbaum, Michael) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 41 NOTICE OF DEPOSITION by Boston Scientific Corporation of Harrison Tyler Grube on TBD at TBD (Tanenbaum, Michael) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 40 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Angelica Ryan Grube on TBD at TBD (Tanenbaum, Michael) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 39 NOTICE OF DEPOSITION by Boston Scientific Corporation of Gil Johnson on TBD at TBD (Tanenbaum, Michael) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 38 NOTICE OF DEPOSITION by Boston Scientific Corporation of James J. Yanacke on TBD at TBD (Tanenbaum, Michael) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 37 NOTICE OF DEPOSITION by Boston Scientific Corporation of Willard T. Grube Jr. on TBD at TBD (Tanenbaum, Michael) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 36 AMENDED NOTICE OF VIDEOTAPED DEPOSITION by Boston Scientific Corporation of Dr. Steven Grover on April 25, 2019 at 8:00 a.m. (MDT) (Strongman, Jon) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 35 AMENDED NOTICE OF VIDEOTAPED DEPOSITION by Boston Scientific Corporation of Dr. Steven Grover on April 11, 2019 at 9:00 am MDT (Strongman, Jon) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 34 NOTICE OF VIDEOTAPED DEPOSITION by Boston Scientific Corporation of Dr. Steven Grover on April 11, 2019 at 9:00 a.m. (Strongman, Jon) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 33 NOTICE of Issuance of Subpoena to Dr. Howard Goldstein by Boston Scientific Corporation (Tanenbaum, Michael) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 32 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Howard Goldstein on April 4, 2019 at 1:00 p.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 31 CERTIFICATE OF SERVICE by Suzanne Grube for Rule 26 Expert Disclosures; Specific Causation Expert Reporter of Steven M. Grover, M.D. (Winter, Kelly) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 30 CERTIFICATE OF SERVICE by Suzanne Grube for Responses to First Request for Production of Documents. (Winter, Kelly) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 29 CERTIFICATE OF SERVICE by Suzanne Grube for Responses to First Interrogatories. (Winter, Kelly) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 28 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Interrogatories and Request for Production. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 27 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Suzanne Grube on February 7, 2019 at 11:00 a.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 26 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Suzanne Grube on January 30, 2019 at 2:00 p.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 25 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Howard Goldstein on January 18, 2019 at 10:00 a.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 24 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Plaintiff Fact Sheet Deficiency Letter. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 22 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael A. Tanenbaum on behalf of Boston Scientific Corporation. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 21 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by James H. Keale on behalf of Boston Scientific Corporation. (Keale, James) [Transferred from West Virginia Southern on 5/12/2020.] |
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Filing 23
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) (ts) (ADI) [Transferred from West Virginia Southern on 5/12/2020.]
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| Filing 20 NOTICE OF ATTORNEY APPEARANCE by Jon A. Strongman on behalf of Boston Scientific Corporation. (Strongman, Jon) [Transferred from West Virginia Southern on 5/12/2020.] |
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Filing 19
ORDER granting #15 MOTION by Suzanne Grube, Willard Titus Grube TO TRANSFER this member case from MDL 2187 C. R. Bard to MDL 2326 Boston Scientific; the Clerk is directed to disassociate this civil action as a member case in MDL 2187 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 10/17/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (mek) [Transferred from West Virginia Southern on 5/12/2020.]
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Filing 18
STIPULATION OF DISMISSAL WITH PREJUDICE AS TO DEFENDANT C. R. BARD, INC. ONLY/ORDER Defendant C. R. Bard, Inc. is dismissed with prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, each party to bear its own costs and fees. Signed by Judge Joseph R. Goodwin on 10/17/2018. (cc: attys; any unrepresented party) (mek) [Transferred from West Virginia Southern on 5/12/2020.]
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Filing 17
PRETRIAL ORDER # 294 (Order Re: Mandatory Settlement Conference for Certain Unresolved Cases) The settlement conferences will be conducted as follows: 1. For the cases identified on Exhibit A, attached hereto, the court will conduct a mandatory settlement conference in those cases beginning on 11/7/2018, at 9:00 a.m. in room 6200B and continuing from day-to-day thereafter; 2. For the cases identified on Exhibit B, attached hereto, the court will conduct a mandatory settlement conference in those cases beginning on 11/8/2018, at 9:00 a.m. in room 6200B and continuing from day-to-day thereafter; 3. For the cases identified on Exhibit C, attached hereto, the court will conduct a mandatory settlement conference in those cases beginning on 11/9/2018, at 9:00 a.m. in room 6200B and continuing from day-to-day thereafter; it is ORDERED that (1) individual plaintiffs whose cases are scheduled for a settlement conference shall appear in person for the settlement conference with counsel of record as reflected on the docket sheet for that plaintiff's case; and (2) any plaintiff who fails to comply with this PTO may be subject to a substantial sanction, including dismissal with prejudice; it is further ORDERED that if the parties reach a settlement in a case listed on Exhibits A, B or C, submission of an inactive docket order for that case will relieve plaintiff and her counsel from the obligation of attending the mandatory settlement conference; finally, it is ORDERED that the cases identified as resolved and pending dismissal, identified in the attached Exhibit D, must be dismissed by 1/11/2019. Signed by Judge Joseph R. Goodwin on 10/11/2018. (cc: attys; any unrepresented party) (REF: MDL 2187; Cases identified on Exhibits A, B, C, and D) (kab) [Transferred from West Virginia Southern on 5/12/2020.]
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| Filing 16 STIPULATION OF DISMISSAL as to C. R. Bard, Inc., Only With Prejudice by C. R. Bard, Inc., Suzanne Grube, Willard Titus Grube. (Geist, Melissa) (Modified on 10/9/2018 to add party filer) (lca). [Transferred from West Virginia Southern on 5/12/2020.] |
| NOTICE OF DOCKET CORRECTION re: #14 Amended Short Form Complaint. ERROR: Image did not contain signature of counsel. CORRECTION: Signature added and image replaced. (kp) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 15 MOTION by Suzanne Grube, Willard Titus Grube To Transfer this member case from MDL 2187 C. R. Bard to MDL 2326 Boston Scientific. (Winter, Kelly) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 14 AMENDED SHORT FORM COMPLAINT filed by Suzanne Grube, Willard Titus Grube against C. R. Bard, Inc., Boston Scientific Corporation. (Winter, Kelly) (Modified on 9/25/2018 to correct signature and replace image) (kp). [Transferred from West Virginia Southern on 5/12/2020.] |
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Filing 13
PRETRIAL ORDER # 293 (Order re: Rescheduling Mandatory Settlement Conference for Certain Remaining Plaintiffs in Bard MDL) directing (1) counsel for all plaintiffs identified in the attached Exhibit A whose cases have not been resolved and are not subject to an agreement in principle to resolve, are directed to meet and confer with Pepper Hamilton LLP on or before 10/3/2018, and to engage in good faith discussions about the possibility of settlement, (2) Messrs. Garrard and Potts and Bard Settlement Counsel are directed to provide a joint written report to the Court and Special Master Reisman via email on 10/8/2018, identifying which cases remaining on Exhibit A have not been resolved or dismissed, (3) the Court will enter an order on 10/11/2018 identifying on which of the following dates the parties in each case must appear for the settlement conference: November 7, 8 and 9, 2018 or such other date as set by the Court. Each day, the settlement conferences will begin at 9:00 a.m. in Charleston, West Virginia at the Robert C. Byrd United States Courthouse, (4) individual plaintiffs whose cases are scheduled for a settlement conference shall appear in person for the settlement conference along with counsel of record, (5) any plaintiff who fails to comply with this PTO may be subject to a substantial sanction, including dismissal with prejudice, and (6) cases not settled during the settlement conference will be dealt with by further order. Signed by Judge Joseph R. Goodwin on 9/11/2018. (cc: attys; any unrepresented party) (REF: MDL 2187; Cases Listed on Exhibit A) (pma) [Transferred from West Virginia Southern on 5/12/2020.]
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| Filing 12 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kevin George Lohman on behalf of C. R. Bard, Inc.. (Lohman, Kevin) [Transferred from West Virginia Southern on 5/12/2020.] |
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Filing 11
PRETRIAL ORDER # 290 (Order re: Mandatory Settlement Conference for Certain Remaining Plaintiffs in Bard MDL) directing (1) counsel for all plaintiffs identified in Exhibit A whose cases have not been resolved and are not subject to an agreement in principle to resolve, are directed to meet and confer with Pepper Hamilton LLP on or before 9/14/2018, and to engage in good faith discussions about the possibility of settlement, (2) Messrs. Garrard and Potts and Bard Settlement Counsel to provide a joint written report to the court and Special Master Reisman via email on 9/18/2018, identifying which cases remain on Exhibit A, (3) the Court will enter an Order on 9/21/2018 identifying on which of the following dates the parties in each case must appear for the settlement conference: October 15, 17, 18 or 19, 2018 or such other date as set by the court. Each day, the settlement conferences will begin at 9:00 a.m. in Charleston, West Virginia at the Robert C. Byrd United States Courthouse, (4) individual plaintiffs whose cases are scheduled for a settlement conference shall appear in person for the settlement conference along with counsel of record, and (5) any plaintiff who fails to comply with this PTO may be subject to a substantial sanction, including dismissal with prejudice. Signed by Judge Joseph R. Goodwin on 8/3/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2187; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 5/12/2020.]
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Filing 10
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) (st) [Transferred from West Virginia Southern on 5/12/2020.]
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| Filing 9 NOTICE OF DEPOSITION by C. R. Bard, Inc. of Willard Titus Grube on May 22, 2018 at 2:00 p.m. ET (Geist, Melissa) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 8 NOTICE OF DEPOSITION by C. R. Bard, Inc. of Suzanne Grube on May 22, 2018 at 9:30 a.m. ET (Geist, Melissa) [Transferred from West Virginia Southern on 5/12/2020.] |
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Filing 7
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) (brn) [Transferred from West Virginia Southern on 5/12/2020.]
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| Filing 6 PLAINTIFF PROFILE FORM filed by Suzanne Grube, Willard Titus Grube. (Solomon, Amy) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 5 AMENDED SHORT FORM COMPLAINT filed by Suzanne Grube, Willard Titus Grube against C. R. Bard, Inc. ("Bard"). (Kent, Amanda) (Modified on 8/27/2013 to add party filer) (skh). [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 4 AFFIDAVIT OF SERVICE by MARGARET WILSON PERSON AUTHORIZED TO ACCEPT SERVICE OF PROCESS, on behalf of C. R. Bard, Inc.. (Kent, Amanda) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 3 TRANSMITTED PRETRIAL ORDER # 72 (FOURTH AMENDED Discovery Scheduling Order for Group 1A Cases) entered on 03/12/2013 in MDL 2187 to attorneys in member case. (jap) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 2 ELECTRONIC SUMMONS ISSUED as to C. R. Bard, Inc., re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (jws) [Transferred from West Virginia Southern on 5/12/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2297114. (Attachment: #1 Civil Cover Sheet) (jws) [Transferred from West Virginia Southern on 5/12/2020.] |
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