Johns et al v. Boston Scientific Corporation
| David Johns and Margaret Johns |
| Boston Scientific Corporation |
| 1:2020cv01083 |
| August 19, 2020 |
| US District Court for the District of Delaware |
| Richard G Andrews |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 14, 2020. A more recent docket listing may be available from PACER.
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Filing 29
Order Setting Rule 16(b) Telephone Conference: A Scheduling Conference is set for 10/22/2020, at 9:00 AM before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 10/14/2020. (nms)
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| Filing 28 Joint Statement Pursuant to Local Rule 81.2, by Boston Scientific Corporation. (Rogin, Alexandra) Modified on 10/2/2020 (nms). |
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Filing 27
ORAL ORDER: A joint statement pursuant to Local Rule 81.2 is due no later than three (3) days from the date of this Order. Ordered by Judge Richard G. Andrews on 9/29/2020. (nms)
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| Filing 26 Return of Undeliverable Mail sent to James H. Keale and Michael A. Tanenbaum. (Return to Sender. Not Deliverable as Addressed. Unable to Forward) (mal) |
| Pro Hac Vice Attorney Michelle M. Tessier 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. (myr) |
| Pro Hac Vice Attorney Christine R. M. Kain 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. (myr) |
| Filing 25 MOTION for Pro Hac Vice Appearance of Attorney Michelle M. Tessier - filed by Boston Scientific Corporation. (Shields, Colleen) |
| Filing 24 MOTION for Pro Hac Vice Appearance of Attorney Christine R. M. Kain - filed by Boston Scientific Corporation. (Shields, Colleen) |
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SO ORDERED, re #24 MOTION for Pro Hac Vice Appearance of Attorney Christine R. M. Kain, filed by Boston Scientific Corporation, and #25 MOTION for Pro Hac Vice Appearance of Attorney Michelle M. Tessier, filed by Boston Scientific Corporation. Signed by Judge Richard G. Andrews on 9/2/2020. (nms)
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| Pro Hac Vice Attorneys Aaron L. Dunbar, Christopher A. Gomez, Lee B. Balefsky for Elizabeth Hutchinson, John F. Hutchinson, Jr, David Johns, Margaret Johns 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. Associated Cases: 1:20-cv-01083-RGA, 1:20-cv-01084-RGA(kmd) |
| Filing 23 MOTION for Pro Hac Vice Appearance of Attorney Lee B. Balefsky - filed by David Johns, Margaret Johns. (Attachments: #1 Certificate of Good Standing)(Leoni, Robert) |
| Filing 22 MOTION for Pro Hac Vice Appearance of Attorney Christopher A. Gomez - filed by David Johns, Margaret Johns. (Attachments: #1 Certificate of Good Standing)(Leoni, Robert) |
| Filing 21 MOTION for Pro Hac Vice Appearance of Attorney Aaron L. Dunbar - filed by David Johns, Margaret Johns. (Attachments: #1 Certificate of Good Standing)(Leoni, Robert) |
| Filing 20 NOTICE of Appearance by Robert Joseph Leoni on behalf of All Plaintiffs (Attachments: #1 Certificate of Service)(Leoni, Robert) |
| CORRECTING ENTRY: The notice filed at D.I. 20 has been removed from the docket as it was duplicative of the notice at D.I. #19 . (nms) |
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SO ORDERED, re #22 MOTION for Pro Hac Vice Appearance of Attorney Christopher A. Gomez, filed by David Johns, Margaret Johns, #23 MOTION for Pro Hac Vice Appearance of Attorney Lee B. Balefsky, filed by David Johns, Margaret Johns, and #21 MOTION for Pro Hac Vice Appearance of Attorney Aaron L. Dunbar, filed by David Johns, Margaret Johns. Signed by Judge Richard G. Andrews on 8/31/2020. (nms)
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| Filing 19 NOTICE of Appearance by Colleen D. Shields and Alexandra Rogin on behalf of Boston Scientific Corporation. (Rogin, Alexandra) Modified on 8/28/2020 (nms). |
| Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. Associated Cases: 1:20-cv-01083-RGA, 1:20-cv-01084-RGA (rjb) |
| Filing 18 Local Counsel Letter sent. Notice of Compliance deadline set for 9/18/2020. (nmg) |
| Filing 17 Record of case transferred in from District of West Virginia Southern; Case Number in Other District: 2:13-cv-09778. Copy of Docket Sheet and original file |
| Filing 16 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 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 4955 - BSC PTO-175 - Docket Control Order - BSC Wave 4 Cases, #7 Exhibit ECF 4987 - BSC PTO-176 (Notice of Correction of Error in PTO-175 - Wave 4 Cases), #8 Exhibit ECF 6100 - BSC PTO-187 - Amended Docket Control Order - BSC Wave 4 Cases, #9 Exhibit ECF 6984 - Pltf_s Notice of Adoption of Prior Daubert Motion Badylak, #10 Exhibit ECF 4826 - Pltf_s Motion and Memo Support of MTE Badylak, #11 Exhibit ECF 7067 - BSC_s Notice of Adoption of Prior Daubert Response Badylak, #12 Exhibit ECF 4976 - BSC_s Opp to Pltf_s MTE Badylak, #13 Exhibit ECF 5033 - Pltf_s Reply to Deft_s Response to Pltf_s MTE Badylak, #14 Exhibit ECF 6041 - Memo Opinion and Order re Daubert Motion Badylak, #15 Exhibit ECF 6994 - Pltf_s Notice of Adoption of Prior Daubert MTE Green, #16 Exhibit ECF 1010 - EX A, #17 Exhibit ECF 1010 - EX B, #18 Exhibit ECF 1010 - EX C, #19 Exhibit ECF 1010 - EX D, #20 Exhibit ECF 1010 - EX E, #21 Exhibit ECF 1010 - EX F, #22 Exhibit ECF 1010 - WAVE 1 and 2 - Pltf_s Memo in Support of MTE Green, #23 Exhibit ECF 1018 - BSC PTO-119 - Order re Pending Daubert Motions Filed in MDL, #24 Exhibit ECF 7055 - BSC_s Notice of Adoption of Prior Daubert Response of Lonny Green, MD, #25 Exhibit ECF 7159 - Pltf_s Notice of Adoption of Prior Daubert Reply re Green, #26 Exhibit ECF 6995 - Pltf_s Notice of Adoption of Prior Daubert Motion Little, #27 Exhibit ECF 4825 - Exh 1, #28 Exhibit ECF 4825 - Exh 2, #29 Exhibit ECF 4825 - Exh 3, #30 Exhibit ECF 4825 - Exh 4, #31 Exhibit ECF 4825 - Exh 5, #32 Exhibit ECF 4825 - Pltf_s Motion and Memo Support of MTE Little, #33 Exhibit ECF 7066 - BSC_s Notice of Adoption of Prior Daubert Response Little, #34 Exhibit ECF 4979 - BSC_s Response in Opp to Pltf_s MTE Little, #35 Exhibit ECF 5034 - Pltf_s Reply to Deft_s Response to Pltf_s MTE Little, #36 Exhibit ECF 6044 - Memo Opinion and Order re Daubert Motion Little, #37 Exhibit ECF 6986 - Plaintiffs' Notice of Adoption of Prior Daubert Motion re Rosenblatt, #38 Exhibit ECF 4833 - Pltf_s MTE Rosenblatt and Memo in Support, #39 Exhibit ECF 7061 -BSC's Notice of Adoption of Prior Daubert Response re Rosenblatt, #40 Exhibit ECF 4978 - BSC_s Memo in Opp to Pltf_s MTE Rosenblatt, #41 Exhibit ECF 4978 - Exh A, #42 Exhibit ECF 4978 - Exh B, #43 Exhibit ECF 5039 - Pltf_s Reply Brief in Support of MTE Rosenblatt, #44 Exhibit ECF 6047 - Memorandum Opinion and Order re Daubert Motion re Dr. P. Rosenblatt, #45 Exhibit ECF 7004 - Pltf_s MTE and Memo re Spiegelberg, #46 Exhibit ECF 4827 - Pltf_s MTE Spiegelberg and Memo in Support, #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 7009 - BSCs Notice of Adoption of Prior Daubert MTE Guelcher, #53 Exhibit ECF 7057 - Pltf_s Notice of Adoption of Prior Daubert Response Guelcher, #54 Exhibit ECF 7166 - BSCs Notice of Adoption of BSC's Prior Reply MTE Guelcher, #55 Exhibit ECF 7015 - BSC's Notice of Adoption of Prior Daubert MTE Dr. V. Iakovlev, #56 Exhibit ECF 4819 - BSC_s MTE Iakovlev, #57 Exhibit ECF 7050 - Plaintiffs' Notice of Adoption of Daubert Response re Iakovlev, #58 Exhibit ECF 4959 - Exh A1, #59 Exhibit ECF 4959 - Exh A2, #60 Exhibit ECF 4959 - Exh B, #61 Exhibit ECF 4959 - Exh D, #62 Exhibit ECF 4959 - Exh E, #63 Exhibit ECF 4959 - Pltf_s Response to BSC_s MTE Iakovlev, #64 Exhibit ECF 6033 - Memo Opinion and Order re Daubert Motion Iakovlev, #65 Exhibit ECF 7018 - BSC's Notice of Adoption of Prior Daubert MTE Pence, #66 Exhibit ECF 4815 - BSC_s MTE Pence and Memo in Support, #67 Exhibit ECF 7047 - Pltfs' Notice of Adoption of Prior Daubert Response Pence, #68 Exhibit ECF 4968 - Pltf_s Response in Opp to BSC_s MTE Pence, #69 Exhibit ECF 6038 - Memo Opinion and Order re Daubert Motion Pence, #70 Exhibit ECF 7011 - BSC's MTE General Causation Testimony of Dr. B. Rosenzweig, #71 Exhibit ECF 7085 - Pltf's Response to BSC's MTE General Causation Testimony of Rosenzweig, #72 Exhibit ECF 7175 - BSC's Reply ISO MTE General Causation Testimony of Rosenzweig, #73 Exhibit ECF 6039 - Memo Opinion and Order re Daubert Motion Rosenzweig, #74 Exhibit ECF 52 - BSC_s Memo MTE Guelcher, #75 Exhibit ECF 74 - Ptfs Opp to Dft_s MTE Guelcher, #76 Exhibit ECF 88 - BSC_s Reply MTE Guelcher, #77 Exhibit ECF 100 - Memo, Opinion, and Order (Daubert Motions), #78 Exhibit ECF 216 - Pltf_s Memo in Support of MTE Spiegelberg, #79 Exhibit ECF 275 - BSC_s Opposition to Pltf_s MTE Spiegelberg, #80 Exhibit ECF 275 - Exh A, #81 Exhibit ECF 275 - Exh B, #82 Exhibit ECF 473 - Amended Memo Opinion and Order (Daubert Motions))(Anielak, Eric) (Modified on 8/19/2020 to add party filers) (mk). [Transferred from West Virginia Southern on 8/19/2020.] |
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Filing 15
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 8/19/2020 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 8/18/2020 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 8/5/2020. (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 8/19/2020.]
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| Filing 14 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Rule 26 Designation and Disclosure of Expert Witnesses. (Strongman, Jon) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 13 NOTICE TO TAKE VIDEO/ORAL DEPOSITION by Margaret Johns of Dr. Michael Lobis on 8/24/18 at 1:00 PM (Bosworth, Thomas) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 12 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Margaret Johns on June 26, 2018 at 2:00 p.m. (Keale, James) [Transferred from West Virginia Southern on 8/19/2020.] |
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Filing 11
PRETRIAL ORDER # 187 (Amended Docket Control Order - Boston Scientific Corp. Wave 4 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 175. 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 4 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; and 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 2326; BSC Wave 4 Cases) (klc) (ADI) [Transferred from West Virginia Southern on 8/19/2020.]
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| Filing 10 CERTIFICATE OF SERVICE by David Johns, Margaret Johns for Rule 26 Expert Disclosures. (Gomez, Christopher) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Thomas Edward Bosworth on behalf of Margaret Johns. (Bosworth, Thomas) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 8 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 8/19/2020.] |
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Filing 7
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) (ts) (ADI) [Transferred from West Virginia Southern on 8/19/2020.]
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| Filing 6 PLAINTIFF PROFILE FORM filed by David Johns, Margaret Johns. (Jimenez, Priscilla) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 5 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon A. Strongman/Partner on 05/24/2013. Boston Scientific Corporation waiver mailed on 5/7/2013, answer due 7/8/2013. (Strongman, Jon) [Transferred from West Virginia Southern on 8/19/2020.] |
| 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 8/19/2020.] |
| 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 8/19/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 44 (SHOW CAUSE ORDER REGARDING DISMISSAL OF COLOPLAST A/S, COLOPLAST MANUFACTURING US, LLC AND PORGES S.A.) entered on 04/19/2013 in MDL 2326 to attorneys in member case. (Attachment: #1 Exhibit A) (jap) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2386826. (Attachment: #1 Civil Cover Sheet) (jws) [Transferred from West Virginia Southern on 8/19/2020.] |
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