Jackmack et al v. Boston Scientific Corporation
| Bruce F. Jackmack, Sherilyn Jackmack and Sherilyn D. Jackmack |
| Boston Scientific Corporation |
| 2:2020cv00692 |
| September 4, 2020 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Nicholas P Mizell |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 52 NOTICE of pendency of related cases re #43 Related case order and track 2 notice (Joint) per Local Rule 1.04(d) by Boston Scientific Corporation. Related case(s): yes (McKee, Traci) |
| Filing 51 PRETRIAL AND DISCOVERY PLAN. (McKee, Traci) |
| Filing 50 CASE MANAGEMENT REPORT. (McKee, Traci) |
| Filing 49 AMENDED document by Boston Scientific Corporation. Amendment to #48 Certificate of interested persons and corporate disclosure statement . (McKee, Traci) |
| Filing 48 CERTIFICATE of interested persons and corporate disclosure statement by Boston Scientific Corporation identifying Corporate Parent Boston Scientific Corporation for Boston Scientific Corporation.. (McKee, Traci) |
Filing 47
ENDORSED ORDER granting #45 Unopposed Motion to Withdraw as Counsel for Defendant Boston Scientific Corporation. Attorneys Jon A. Strongman, James Keale, Eric M. Anielak, Michael A. Tanenbaum, and Michael Bonasso are permitted to withdraw and shall have no further responsibility in this case. The Clerk is directed to remove them from receiving electronic notification. Signed by Magistrate Judge Nicholas P. Mizell on 9/9/2020. (brh)
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| Filing 46 NOTICE of hearing: Preliminary Pretrial Conference set for 11/19/2020 at 10:00 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report and Pretrial & Discovery Plan by 11/12/2020.All parties shall appear telephonically. The toll-free teleconference number is 1-877-873-8018. The access code is 5997085. You will then be prompted to enter a participant security code: 20692. All parties are encouraged to utilize a landline or similarly stable connection free of ambient interference to avoid having any portion of the conference conducted without them. (WRW) |
| Filing 45 Unopposed MOTION for Eric Anielak, Jon Strongman, James Keale, Michael Tanenbaum, Michael Bonasso to Withdraw as Attorney for Boston Scientific by Boston Scientific Corporation. (McKee, Traci) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 44 TRANSFER IN from the Southern District of West Virginia (Charleston). Case assigned to District Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New Case Number: 2:20-cv-692-FtM-38NPM. (drn) |
| Filing 43 TRACK TWO NOTICE AND CORPORATE DISCLOSURE ORDER. Signed by All Divisional Judges on 9/8/2020. (jmc) |
| Filing 42 NOTICE of Appearance by Traci McKee on behalf of Boston Scientific Corporation (McKee, Traci) |
| Filing 41 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-26613. File received electronically |
| Filing 40 JOINT 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 4987 - (Notice of Correction of Error in PTO-175 - Wave 4), #7 Exhibit ECF 6984 - 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 7067 - BSC_s Notice of Adoption of Prior Daubert Response 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 7000 - Pltf_s Notice of Adoption of Prior Daubert Motion re Caraballo, #14 Exhibit ECF 4831 - Motion and Memo in Support of Pltf_s MTE re Caraballo, #15 Exhibit ECF 7063 - BSC_s Notice of Adoption of Prior Daubert Response re Caraballo, #16 Exhibit ECF 4973 - BSC_s Memo in Opp to Pltf_s MTE Caraballo, #17 Exhibit ECF 5029 - Pltf_s Reply to BSC_s Opp to Pltf_s MTE Caraballo, #18 Exhibit ECF 6042 - Memo Opinion and Order re Caraballo, #19 Exhibit ECF 6993 - Pltf_s Notice of Adoption of Prior Daubert Motion Goldberg, #20 Exhibit ECF 4829 - Pltf_s Combined Motion and Memo in Support of MTE Goldberg, #21 Exhibit ECF 7064 - BSC_s Notice of Adoption of Prior Daubert Response Goldberg, #22 Exhibit ECF 4980 - BSC_s Opp to Pltf_s MTE Goldberg, #23 Exhibit ECF 5036 - Pltf_s Reply to Dft_s Response to Pltf_s Combined MTE Goldberg, #24 Exhibit ECF 6043 - Memo Opinion and Order re Daubert Motion Goldberg, #25 Exhibit ECF 6995 - Pltf_s Notice of Adoption of Prior Daubert Motion Little, #26 Exhibit ECF 4825 - Pltf_s Motion and Memo Support of MTE Little, #27 Exhibit ECF 7066 - BSC_s Notice of Adoption of Prior Daubert Response Little, #28 Exhibit ECF 4979 - BSC_s Response in Opp to Pltf_s MTE Little, #29 Exhibit ECF 5034 - Pltf_s Reply to Deft_s Response to Pltf_s MTE Little, #30 Exhibit ECF 6044 - Memo Opinion and Order re Daubert Motion Little, #31 Exhibit ECF 7004 - Pltf_s MTE and Memo re Spiegelberg, #32 Exhibit ECF 4827 - Pltf_s MTE Spiegelberg and Memo in Support, #33 Exhibit ECF 7088 - BSC_s Response in Opposition to Pltf_s MTE Spiegelberg, #34 Exhibit ECF 4969 - BSC_s Response in Opp to Pltf_s MTE Spiegelberg, #35 Exhibit ECF 7160 - Pltf_s Reply in Support of MTE Spiegelberg, #36 Exhibit ECF 5031 - Pltf_s Reply in Support of MTE Spiegelberg, #37 Exhibit ECF 6049 - Memo Opinion and Order re Daubert Motion Spiegelberg, #38 Exhibit ECF 7010 - BSC's Notice of Adoption of Prior Daubert MTE Mays, #39 Exhibit ECF 4805 - BSC_s Memo in Support of MTE Mays, #40 Exhibit ECF 7065 - Plaintiff's Notice of Adoption of Prior Daubert Response re Mays, #41 Exhibit ECF 4972 - Exh 1, #42 Exhibit ECF 4972 - Exh 2, #43 Exhibit ECF 4972 - Exh 3, #44 Exhibit ECF 4972 - Exh 4, #45 Exhibit ECF 4972 - Exh 5, #46 Exhibit ECF 4972 - Exh 6, #47 Exhibit ECF 4972 - Exh 7, #48 Exhibit ECF 4972 - Exh 8, #49 Exhibit ECF 4972 - Exh 9, #50 Exhibit ECF 4972 - Exh 10, #51 Exhibit ECF 4972 - Pltf_s Memo in Opp to Dft_s MTE Mays, #52 Exhibit ECF 6036 - Memo Opinion and Order Mays, #53 Exhibit ECF 7011 - BSC's MTE General Causation Testimony of Dr. B. Rosenzweig, #54 Exhibit ECF 7085 - Pltf's Response to BSC's MTE General Causation Testimony of Rosenzweig, #55 Exhibit ECF 7175 - BSC's Reply ISO MTE General Causation Testimony of Rosenzweig, #56 Exhibit ECF 6039 - Memo Opinion and Order re Daubert Motion Rosenzweig, #57 Exhibit ECF 216 - Pltf_s Memo in Support of MTE Spiegelberg, #58 Exhibit ECF 275 - BSC_s Opposition to Pltf_s MTE Spiegelberg, #59 Exhibit ECF 275 - Exh A, #60 Exhibit ECF 275 - Exh B, #61 Exhibit ECF 473 - Amended Memo Opinion and Order (Daubert Motions))(Anielak, Eric) (Modified on 9/1/2020 to add party filers) (mk). [Transferred from wvsd on 9/4/2020.] |
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Filing 39
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 wvsd on 9/4/2020.]
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Filing 38
ORDER denying #21 MOTION by Sherilyn D. Jackmack to Exclude Undisclosed Report and Testimony of Dr. Roger P. Goldberg. Signed by Judge Joseph R. Goodwin on 8/20/2020. (cc: attys; any unrepresented party) (maw) [Transferred from wvsd on 9/4/2020.]
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| Filing 37 NOTICE of Service of Demand For Judgment Pursuant to Florida Statute Section 768.79 by Sherilyn D. Jackmack (Lopez, Ryan) [Transferred from wvsd on 9/4/2020.] |
| Filing 36 NOTICE OF DEPOSITION by Boston Scientific Corporation of all friends and family members identified in the Plaintiff Fact Sheet, including section VI. Fact Witnesses, and/or identified during the Plaintiff's deposition including but not limited to Julie Thompson, George Keys, Jr. and Renae Dearman on dates and at times to be determined. (Keale, James) [Transferred from wvsd on 9/4/2020.] |
| Filing 35 NOTICE OF CANCELLATION OF DEPOSITION OF DR. SHLOMO RAZ by Sherilyn D. Jackmack. (Lopez, Ryan) [Transferred from wvsd on 9/4/2020.] |
| Filing 34 AMENDED NOTICE TO TAKE VIDEOTAPED DEPOSITION by Sherilyn D. Jackmack of Dr. Mary Ann Lomanaco on September 24, 2018 at 5:30 p.m. (Lopez, Ryan) [Transferred from wvsd on 9/4/2020.] |
| Filing 33 NOTICE OF TAKING VIDEOTAPED DEPOSITION DUCES TECUM - EXPERT by Sherilyn D. Jackmack of Dr. Roger P. Goldberg on September 21, 2018 at 10:00 a.m. (Lopez, Ryan) [Transferred from wvsd on 9/4/2020.] |
| Filing 32 NOTICE OF TAKING VIDEOTAPED DEPOSITION DUCES TECUM by Sherilyn D. Jackmack of Dr. Shlomo Raz on 10/2/2018 at 1:00 p.m. (Lopez, Ryan) [Transferred from wvsd on 9/4/2020.] |
| Filing 31 NOTICE OF TAKING VIDEO-CONFERENCING VIDEOTAPED DEPOSITION DUCES TECUM - EXPERT by Sherilyn D. Jackmack of Dr. Roger P. Goldberg (BE) on September 21, 2018 at 10:00 AM (CDT) (Lopez, Ryan) [Transferred from wvsd on 9/4/2020.] |
| Filing 30 NOTICE OF TAKING VIDEOTAPED DEPOSITION DUCES TECUM by Sherilyn D. Jackmack of Dr. Jonathan Jay on September 24, 2018 at 4:00 p.m. (Lopez, Ryan) [Transferred from wvsd on 9/4/2020.] |
| Filing 29 NOTICE OF TAKING VIDEOTAPED DEPOSITION DUCES TECUM by Sherilyn D. Jackmack of Dr. Mary Ann Lomanaco on September 24, 2018 at 1:00 p.m. (Lopez, Ryan) [Transferred from wvsd on 9/4/2020.] |
| Filing 28 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Dr. Michael Dent on September 25, 2018 at 9:00 a.m. (Keale, James) [Transferred from wvsd on 9/4/2020.] |
| Filing 27 AMENDED NOTICE OF VIDEOTAPE DEPOSITION by Boston Scientific Corporation of Dr. Linda Kiley on September 17, 2018 at 6:00 p.m. (EST) (Strongman, Jon) [Transferred from wvsd on 9/4/2020.] |
| Filing 26 NOTICE OF VIDEOTAPE DEPOSITION DUCES TECUM by Boston Scientific Corporation of Dr. Linda Kiley on September 17, 2018 at 6:00 p.m. (EST) (Strongman, Jon) [Transferred from wvsd on 9/4/2020.] |
| Filing 25 AMENDED NOTICE OF VIDEOTAPE DEPOSITION DUCES TECUM by Boston Scientific Corporation of Dr. Stephen Durham on September 12, 2018 at 1:00 p.m. EST (Strongman, Jon) [Transferred from wvsd on 9/4/2020.] |
| Filing 24 NOTICE OF VIDEOTAPE DEPOSITION DUCES TECUM by Boston Scientific Corporation of Dr. Stephen Durham on September 12, 2018 at 1:00 p.m. EST (Strongman, Jon) [Transferred from wvsd on 9/4/2020.] |
| Filing 23 NOTICE OF VIDEOTAPE DEPOSITION DUCES TECUM by Boston Scientific Corporation of Gerri Pennachio on September 18, 2018 at 1:00 p.m. EST (Strongman, Jon) [Transferred from wvsd on 9/4/2020.] |
| Filing 22 RESPONSE by Boston Scientific Corporation in opposition to #21 MOTION by Sherilyn D. Jackmack to Exclude Undisclosed Report and Testimony of Dr. Roger P. Goldberg. (Anielak, Eric) [Transferred from wvsd on 9/4/2020.] |
| Filing 21 MOTION by Sherilyn D. Jackmack to Exclude Undisclosed Report and Testimony of Dr. Roger P. Goldberg. (Attachments: #1 Exhibit, #2 Exhibit)(Lopez, Ryan) [Transferred from wvsd on 9/4/2020.] |
| Filing 20 AMENDED NOTICE OF TAKING VIDEOTAPED DEPOSITION DUCES TECUM by Sherilyn D. Jackmack of Dr. Michael Hibner on August 16, 2018 at 3:00 PM (GMT) (Lopez, Ryan) [Transferred from wvsd on 9/4/2020.] |
| Filing 19 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Sherilyn Jackmack on August 23, 2018 at 10:00 a.m. (Keale, James) [Transferred from wvsd on 9/4/2020.] |
| Filing 18 AMENDED CROSS NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Sherilyn Jackmack on August 8, 2018 at 10:00 a.m. (Keale, James) [Transferred from wvsd on 9/4/2020.] |
| Filing 17 CERTIFICATE OF SERVICE by Sherilyn D. Jackmack for Amended Rule 26 Expert Disclosures. (Lopez, Ryan) [Transferred from wvsd on 9/4/2020.] |
| Filing 16 NOTICE OF TAKING DEPOSITION DUCES TECUM by Sherilyn D. Jackmack of Dr. Michael Hibner on August 16, 2018 at 3:00 p.m. (Lopez, Ryan) [Transferred from wvsd on 9/4/2020.] |
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Filing 15
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) (brn) (ADI) [Transferred from wvsd on 9/4/2020.]
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| NOTICE OF DOCKET CORRECTION re: 14 Certificate of Service. ERROR: Disclosures filed in their entirety. CORRECTION: Disclosures removed and certificate of service (attachment #1) retained. (kp) [Transferred from wvsd on 9/4/2020.] |
| Filing 14 CERTIFICATE OF SERVICE by Sherilyn D. Jackmack, Sherilyn Jackmack for Rule 26 Expert Disclosures. (Lopez, Ryan) (Modified on 6/6/2018 to remove disclosures filed in their entirety and retain certificate of service (attachment #1)) (kp). [Transferred from wvsd on 9/4/2020.] |
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Filing 13
ORDER granting #12 MOTION by Sherilyn D. Jackmack to Substitute Personal Representative of Estate of Bruce D. Jackmack as Derivative Plaintiff; the Clerk is directed to substitute Sherlyn D. Jackmack as Personal Representative of the Estate of Bruce D. Jackmack, deceased, for plaintiff Bruce D. Jackmack. The plaintiffs should appear on the case style as: Plaintiff: Sherlyn D. Jackmack, individually; and, Plaintiff: Sherilyn Jackmack, Personal Representative of the Estate of Bruce D. Jackmack, Deceased. Signed by Judge Joseph R. Goodwin on 5/18/2018. (cc: counsel of record; any unrepresented party) (kp) [Transferred from wvsd on 9/4/2020.]
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| Filing 12 MOTION by Sherilyn D. Jackmack to Substitute Personal Representative of Estate of Bruce D. Jackmack as Derivative Plaintiff. (Attachments: #1 Exhibit A)(Lopez, Ryan) [Transferred from wvsd on 9/4/2020.] |
| Filing 11 SUGGESTION OF DEATH UPON THE RECORD as to Bruce Jackmack by Sherilyn D. Jackmack. (Lopez, Ryan) [Transferred from wvsd on 9/4/2020.] |
| Filing 10 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Sherilyn Jackmack on June 5, 2018 at 9:00 a.m. (Tanenbaum, Michael) [Transferred from wvsd on 9/4/2020.] |
| Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by James H. Keale on behalf of Boston Scientific Corporation. (Keale, James) [Transferred from wvsd on 9/4/2020.] |
| Filing 8 PLAINTIFF FACT SHEET filed by Bruce F. Jackmack, Sherilyn D. Jackmack. (Lopez, Ryan) [Transferred from wvsd on 9/4/2020.] |
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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) (klc) (ADI) [Transferred from wvsd on 9/4/2020.]
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| Filing 6 NOTICE OF ATTORNEY APPEARANCE by Jon A. Strongman on behalf of Boston Scientific Corporation. (Strongman, Jon) [Transferred from wvsd on 9/4/2020.] |
| Filing 5 PLAINTIFF PROFILE FORM filed by Bruce F. Jackmack, Sherilyn D. Jackmack. (Lopez, Ryan) [Transferred from wvsd on 9/4/2020.] |
| Filing 4 PLAINTIFF FACT SHEET filed by Bruce F. Jackmack, Sherilyn D. Jackmack. (Lopez, Ryan) [Transferred from wvsd on 9/4/2020.] |
| Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Bonasso on behalf of Boston Scientific Corporation. (Bonasso, Michael) [Transferred from wvsd on 9/4/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 58 (AMENDED Order Scheduling Future Status Conferences & Other Matters) entered on 10/23/2013 in MDL 2326 to attorneys in member case. (cbo) [Transferred from wvsd on 9/4/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2737537. (Attachment: #1 Civil Cover Sheet) (sak) [Transferred from wvsd on 9/4/2020.] |
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