Nance v. American Medical Systems, Inc.
| Sylvia Nance |
| American Medical Systems, Inc. |
| 3:2020cv00236 |
| March 11, 2020 |
| US District Court for the Middle District of Florida |
| Patricia D Barksdale |
| Timothy J Corrigan |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 7, 2020. A more recent docket listing may be available from PACER.
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| Filing 61 JOINT STATUS Report by Sylvia Nance and American Medical Systems, Inc. (Olivos, Christina). Modified on 5/8/2020 to edit text (JSG). |
Filing 60
ORDER granting #57, #58, #59 the plaintiff's unopposed motions asking the Court to allow Wendy Fleishman, Sarah London, and Kenneth Byrd to specially appear to represent her in this case and directing Ms. Fleishman, Ms. London, and Mr. Byrd to pay the required fee and register with the Court's electronic case filing (ECF) system by completing the E-Filer Registration Form. Signed by Magistrate Judge Patricia D. Barksdale on 5/6/2020. (ASL) (ASL)
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| Filing 59 MOTION for Kenneth S. Byrd to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-16768218 for $150 by Sylvia Nance. (Attachments: #1 Exhibit Certification, #2 Exhibit Proposed Order, #3 Exhibit Certificate of Service)(Hyman, Kelly) Motions referred to Magistrate Judge Patricia D. Barksdale. |
| Filing 58 MOTION for Sarah R. London to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-16768208 for $150 by Sylvia Nance. (Attachments: #1 Exhibit Certification, #2 Exhibit Proposed Order, #3 Exhibit Certificate of Service)(Hyman, Kelly) Motions referred to Magistrate Judge Patricia D. Barksdale. |
| Filing 57 MOTION for Wendy R. Fleishman to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-16768182 for $150 by Sylvia Nance. (Attachments: #1 Exhibit Certification, #2 Exhibit Proposed Order, #3 Exhibit Certificate of Service)(Hyman, Kelly) Motions referred to Magistrate Judge Patricia D. Barksdale. |
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Filing 56
ENDORSED ORDER granting #55 Unopposed Motion for Extension of Time to File Joint Status Report; the parties' joint status report shall be filed no later than 5/7/2020. Signed by Judge Timothy J. Corrigan on 4/23/2020. (SRW)
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| Filing 55 Unopposed MOTION for Extension of Time to File Joint Status Report by American Medical Systems, Inc.. (Olivos, Christina) |
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Filing 54
ORDER denying without prejudice to filing motions that comply with Local Rules 2.02(a) and 3.01(g) Sarah London's and Wendy Fleishman's #50, #51, "designations," which the Court construes as motions under Local Rule 2.02. Signed by Magistrate Judge Patricia D. Barksdale on 4/8/2020. (ASL)
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Filing 53
ORDER requesting joint filing from the parties no later than 4/23/2020. Signed by Judge Timothy J. Corrigan on 4/2/2020. (SRW)
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| Filing 52 NOTICE to counsel Kelly Hyman of Local Rule 2.01(d), which states, each attorney must register with the Clerk of the Court and maintain an email address for electronic service by the Clerk. Maintain your e-mail address by logging into CM/ECF or register for a CM/ECF Account at www.flmd.uscourts.gov (Signed by Deputy Clerk). (JSG) |
| Filing 51 MOTION to appear pro hac vice on behalf of Sylvia Nance. Local Counsel: Kelly Hyman. Non-Resident Counsel: Wendy R. Fleishman (London, Sarah). Modified on 4/7/2020 to edit event and text per Chambers (JSG). |
| Filing 50 MOTION to appear pro hac vice on behalf of Sylvia Nance. Local Counsel: Kelly Hyman. Non-Resident Counsel: Sarah R. London (London, Sarah). Modified on 4/7/2020 to edit event and text per Chambers (JSG). |
| Filing 49 NOTICE of Kelly Hyman's Appearance by Sarah R. London on behalf of Sylvia Nance (London, Sarah) |
| Filing 48 NOTICE to counsel Sarah R. London, Wendy R. Fleishman, Barbara R. Binis of Local Rule 2.02, Special Admission to Practice - Non-resident attorney shall file a written designation and consent-to-act on the part of some member of the bar of this Court; Pay the $150.00 Special Admission Fee; Complete the E-Filer Registration Form to obtain a login and password for CM/ECF; (Signed by Deputy Clerk). (KKH) |
| Filing 47 TRANSFER IN from the Sourther District of West Virginia. Case assigned to District Judge Corrigan and Magistrate Judge Barksdale. New Case Number: 3:20-cv-236-TJC-PDB. (KKH) |
| Filing 46 Case transferred in from District of West Virginia Southern; Case Number 2:17-cv-04584. File received electronically |
| ***CIVIL CASE TERMINATED and ELECTRONICALLY TRANSMITTED to the Middle District of Florida pursuant to the #44 Transfer Order. (kew) [Transferred from wvsd on 3/11/2020.] |
| Filing 45 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02325 - American Medical Systems, Inc. (Attachments: #1 Supplement ECF 83 - P's Motion to Exclude Becker, #2 Supplement ECF 84 - Memo ISO P's Motion to Exclude Becker, #3 Supplement ECF 96 - P's Motion to Exclude Badylak, #4 Supplement ECF 97 - Memo ISO P's Motion to Exclude Badylak, #5 Supplement ECF 134 - AMS Opposition to P's Motion re Becker, #6 Supplement ECF 135 - AMS Opposition to P's Motion re Badylak Part 1 of 3, #7 Supplement ECF 135 - AMS Opposition to P's Motion re Badylak Part 2 of 3, #8 Supplement ECF 135 - AMS Opposition to P's Motion re Badylak Part 3 of 3, #9 Supplement ECF 143 - P's Reply Memo ISO Motion to Exclude Becker, #10 Supplement ECF 166 - P's Reply Memo ISO Motion to Exclude Badylak, #11 Supplement ECF 231 - PTO 13, #12 Supplement ECF 288 - PTO 17, #13 Supplement ECF 748 - PTO 73, #14 Supplement ECF 1229 - PTO 169, #15 Supplement ECF 1234 - PTO 171, #16 Supplement ECF 6757 - P's Adoption of Prior Daubert Guelcher, #17 Supplement ECF 6778 - P's Adoption of Prior Daubert Guelcher, #18 Supplement ECF 6780 - P's Adoption of Prior Daubert Mays, #19 Supplement ECF 7407 - P's Adoption of Prior Daubert Galloway, #20 Supplement ECF 7493 - P's Adoption of Prior Daubert Galloway, #21 Supplement ECF 7500 - P's Adoption of Prior Daubert Guelcher, #22 Supplement ECF 7553 - P's Adoption of Prior Daubert re Motion on Mays Part 1 of 2, #23 Supplement ECF 7553 - P's Adoption of Prior Daubert re Motion on Mays Part 2 of 2, #24 Supplement ECF 7531 - AMS Adoption of Prior Daubert re Guelcher, #25 Supplement ECF 7538 - AMS Adoption of Prior Daubert re Galloway, #26 Supplement ECF 7536 - AMS Adoption of Prior Daubert re Iakovlev, #27 Supplement ECF 7491 - P's Adoption of Prior Response re Iakovlev, #28 Supplement ECF 7540 - AMS Adoption of Prior Daubert re Mays, #29 Supplement ECF 7481 - P's Adoption of Badylak, Becker, Kozak, and Coad Motions, #30 Supplement ECF 7400 - P's Daubert Motion re Kozak, #31 Supplement ECF 7401 - P's Brief ISO Motion re Kozak, #32 Supplement ECF 7494 - AMS Response to P's Adoption re Becker, #33 Supplement ECF 7495 - AMS Adoption of Response re Daubert on Kozak, #34 Supplement ECF 7496 - AMS Response In Opposition to Motion re Badylak Part 1 of 3, #35 Supplement ECF 7496 - AMS Response In Opposition to Motion re Badylak Part 2 of 3, #36 Supplement ECF 7496 - AMS Response In Opposition to Motion re Badylak Part 3 of 3, #37 Supplement ECF 7497 - AMS Adoption of Response re Motion on Coad)(Binis, Barbara) [Transferred from wvsd on 3/11/2020.] |
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Filing 44
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 03/10/2020 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 03/09/2020 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 02/25/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2325; Cases Listed on Exhibit A) (mms) [Transferred from wvsd on 3/11/2020.]
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| Filing 43 REPLY MEMORANDUM OF LAW by American Medical Systems, Inc. to #39 Response In Opposition. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Binis, Barbara) (Modified on 11/25/2019 to correct link) (kew). [Transferred from wvsd on 3/11/2020.] |
| Filing 42 RESPONSE by Sylvia Nance in opposition to #32 MOTION by American Medical Systems, Inc. to Strike the Belatedly Disclosed Opinions of Michael T. Margolis, M.D., and to Exclude his Case-Specific Opinions Pursuant to Daubert and Federal Rule of Evidence 702. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fleishman, Wendy) [Transferred from wvsd on 3/11/2020.] |
| Filing 41 RESPONSE by American Medical Systems, Inc. in opposition to #36 MOTION by Sylvia Nance to Limit or Exclude the General and Specific Causation Opinions of Eric S. Rovner, M.D. (Binis, Barbara) [Transferred from wvsd on 3/11/2020.] |
| Filing 40 RESPONSE by American Medical Systems, Inc. in opposition to #34 MOTION by Sylvia Nance to Limit or Exclude the General and Specific Causation Opinions of James E. Coad, M.D. (Binis, Barbara) [Transferred from wvsd on 3/11/2020.] |
| Filing 39 RESPONSE by Sylvia Nance in opposition to #30 MOTION by American Medical Systems, Inc. for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Fleishman, Wendy) [Transferred from wvsd on 3/11/2020.] |
| Filing 38 AMENDED NOTICE OF VIDEO DEPOSITION by Sylvia Nance of Jason Thompson, M.D. on November 15, 2019 at 2:00 p.m. (Fleishman, Wendy) [Transferred from wvsd on 3/11/2020.] |
| Filing 37 MEMORANDUM by Sylvia Nance in support of #36 MOTION by Sylvia Nance to Limit or Exclude the General and Specific Causation Opinions of Eric S. Rovner, M.D. (Fleishman, Wendy) [Transferred from wvsd on 3/11/2020.] |
| Filing 36 MOTION by Sylvia Nance to Limit or Exclude the General and Specific Causation Opinions of Eric S. Rovner, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Fleishman, Wendy) [Transferred from wvsd on 3/11/2020.] |
| Filing 35 MEMORANDUM by Sylvia Nance in support of #34 MOTION by Sylvia Nance to Limit or Exclude the General and Specific Causation Opinions of James E. Coad, M.D. (Fleishman, Wendy) [Transferred from wvsd on 3/11/2020.] |
| Filing 34 MOTION by Sylvia Nance to Limit or Exclude the General and Specific Causation Opinions of James E. Coad, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fleishman, Wendy) [Transferred from wvsd on 3/11/2020.] |
| Filing 33 MEMORANDUM OF LAW by American Medical Systems, Inc. in support of #32 MOTION by American Medical Systems, Inc. to Strike the Belatedly Disclosed Opinions of Michael T. Margolis, M.D., and to Exclude his Case-Specific Opinions Pursuant to Daubert and Federal Rule of Evidence 702. (Binis, Barbara) [Transferred from wvsd on 3/11/2020.] |
| Filing 32 MOTION by American Medical Systems, Inc. to Strike the Belatedly Disclosed Opinions of Michael T. Margolis, M.D., and to Exclude his Case-Specific Opinions Pursuant to Daubert and Federal Rule of Evidence 702. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Binis, Barbara) [Transferred from wvsd on 3/11/2020.] |
| Filing 31 MEMORANDUM OF LAW by American Medical Systems, Inc. in support of #30 MOTION by American Medical Systems, Inc. for Partial Summary Judgment (Binis, Barbara) [Transferred from wvsd on 3/11/2020.] |
| Filing 30 MOTION by American Medical Systems, Inc. for Partial Summary Judgment (Attachments: #1 Proposed Order, #2 Exhibits A-D)(Binis, Barbara) [Transferred from wvsd on 3/11/2020.] |
| Filing 29 OBJECTIONS AND RESPONSES to #26 Notice of Videotaped Deposition of Michael T. Margolis, MD by Sylvia Nance. (London, Sarah) [Transferred from wvsd on 3/11/2020.] |
| Filing 28 AMENDED NOTICE OF DEPOSITION by American Medical Systems, Inc. of Sylvia Nance on October 28, 2019 at 10:30 a.m. EST (Binis, Barbara) [Transferred from wvsd on 3/11/2020.] |
| Filing 27 AMENDED NOTICE OF DEPOSITION by American Medical Systems, Inc. of Sylvia Nance on October 25, 2019 at 10:00 a.m. (Binis, Barbara) [Transferred from wvsd on 3/11/2020.] |
| Filing 26 NOTICE OF VIDEO DEPOSITION by American Medical Systems, Inc. of Michael Thomas Margolis, M.D. on October 26, 2019 at 7:00 P.M. (Binis, Barbara) [Transferred from wvsd on 3/11/2020.] |
| Filing 25 TRANSCRIPT OF PROCEEDINGS of Telephonic Conference held on 10/21/2019, before Magistrate Judge Cheryl A. Eifert. Court Reporter Ayme Cochran, Telephone number 304-347-3128. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 11/1/2019. Redaction Request due 11/12/2019. Redacted Transcript Deadline set for 11/22/2019. Release of Transcript Restriction set for 1/21/2020. (aac) [Transferred from wvsd on 3/11/2020.] |
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Filing 24
ORDER The #17 Emergency Motion to Compel Discovery and for Costs is GRANTED as follows: (1) Plaintiff shall appear for deposition on 10/25/2019; (2) the parties shall work together to reschedule the depositions of Dr. Jones, Dr. Johnson, and Dr. Margolis with a goal of completing all of the depositions by 11/15/2019; (3) Plaintiff shall pay the costs incurred by defense counsel as a result of the last-minute cancellations of the depositions of Plaintiff, Dr. Jones, and Dr. Johnson; and (4) Plaintiff shall pay reasonable costs associated with the filing of the Emergency Motion to Compel; to the extent the parties cannot agree on the expenses or the reasonable costs, Plaintiff shall have through and including 11/21/2019 in which to file a response to the request for expenses and costs; Defendant shall have seven days after service of the response in which to file a reply. Signed by Magistrate Judge Cheryl A. Eifert on 10/22/2019. (cc: counsel of record) (kew) [Transferred from wvsd on 3/11/2020.]
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| Filing 23 TELEPHONE CONFERENCE held by Magistrate Judge Cheryl A. Eifert on 10/21/2019; Court Reporter: Ayme Cochran. (hkl) [Transferred from wvsd on 3/11/2020.] |
| Filing 22 AMENDED NOTICE OF DEPOSITION by American Medical Systems, Inc. of Syliva Nance on October 25, 2019 at 11:00 a.m. (Binis, Barbara) [Transferred from wvsd on 3/11/2020.] |
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Filing 21
ORDER: scheduling a telephonic hearing on #17 EMERGENCY MOTION by American Medical Systems, Inc. to Compel Discovery and for Costs shall take place on 10/21/2019 3:00 p.m. EDT, before Magistrate Judge Cheryl A. Eifert. Signed by Magistrate Judge Cheryl A. Eifert on 10/18/2019. (cc: counsel of record) (klc) [Transferred from wvsd on 3/11/2020.]
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Filing 20
ORDER denying #19 MOTION by Wendy R. Fleishman to Withdraw as Attorney on behalf of Sylvia Nance. Signed by Judge Joseph R. Goodwin on 10/17/2019. (cc: attys; any unrepresented party) (st) [Transferred from wvsd on 3/11/2020.]
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| Filing 19 MOTION by Wendy R. Fleishman to Withdraw as Attorney on behalf of Sylvia Nance (Attachment: #1 Proposed Order)(Fleishman, Wendy) [Transferred from wvsd on 3/11/2020.] |
| Filing 18 MEMORANDUM by American Medical Systems, Inc. in support of #17 EMERGENCY MOTION by American Medical Systems, Inc. to Compel Discovery and for Costs. (Binis, Barbara) [Transferred from wvsd on 3/11/2020.] |
| Filing 17 EMERGENCY MOTION by American Medical Systems, Inc. to Compel Discovery and for Costs (Attachments: #1 Proposed Order, #2 Exs. A-M)(Binis, Barbara) [Transferred from wvsd on 3/11/2020.] |
| MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: #17 EMERGENCY MOTION by American Medical Systems, Inc. to Compel Discovery and for Costs. (kew) [Transferred from wvsd on 3/11/2020.] |
| Filing 16 AMENDED NOTICE OF DEPOSITION by American Medical Systems, Inc. of Kathy Jones, M.D. on November 1, 2019 at 10:00 a.m. (Binis, Barbara) [Transferred from wvsd on 3/11/2020.] |
| Filing 15 NOTICE OF DEPOSITION by American Medical Systems, Inc. of Kathy Jones, M.D. on October 4, 2019 at 10:00 a.m. (Binis, Barbara) [Transferred from wvsd on 3/11/2020.] |
| Filing 14 NOTICE TO TAKE DEPOSITION by American Medical Systems, Inc. of Kathy Jones, M.D. on October 4, 2019 at 10:00 a.m. (Attachments: #1 Notice of Issuance of Subpoena)(Binis, Barbara) [Transferred from wvsd on 3/11/2020.] |
| Filing 13 NOTICE OF DEPOSITION by American Medical Systems, Inc. of Sylvia Nance on October 1, 2019 at 1:00 p.m. (Binis, Barbara) [Transferred from wvsd on 3/11/2020.] |
| Filing 12 CERTIFICATE OF SERVICE by Sylvia Nance for Designation and Disclosure of General and Case-Specific Expert Witnesses. (London, Sarah) [Transferred from wvsd on 3/11/2020.] |
| Filing 11 NOTICE OF DEPOSITION by American Medical Systems, Inc. of Jason Thompson, M.D. on October 9, 2019 at 1:00 p.m. (Binis, Barbara) [Transferred from wvsd on 3/11/2020.] |
| Filing 10 CERTIFICATE OF SERVICE by American Medical Systems, Inc. for Responses and Objections to Requests for Admission, Interrogatories, and Requests for Production. (Binis, Barbara) [Transferred from wvsd on 3/11/2020.] |
| Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Barbara R. Binis on behalf of American Medical Systems, Inc.. (Binis, Barbara) [Transferred from wvsd on 3/11/2020.] |
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Filing 8
PRETRIAL ORDER # 280 (Docket Control Order - American Medical Systems, Inc. Wave 6 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 American Medical Systems, Inc., 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 6 cases with one important exception, as more fully set forth herein. Scheduling Deadlines. The following deadlines shall apply in all AMS Wave 6 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 2325; AMS Wave 6 cases identified on Exhibits A and B) (lca) (ADI) [Transferred from wvsd on 3/11/2020.]
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Filing 7
ORDER The deadline to submit joint motions of dismissal is extended to 10/31/2018 for all cases in MDL 2325 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2325 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 2325; Cases on inactive docket) (klc) (ADI) [Transferred from wvsd on 3/11/2020.]
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Filing 6
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 AMS 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 AMS 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 2325; Member Cases Flagged "Closed" and "MDL AMS Inactive") (brn) [Transferred from wvsd on 3/11/2020.]
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Filing 5
ORDER The deadline to submit joint motions of dismissal is extended to 8/31/2018 for all cases in MDL 2325 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2325 and individual cases remain in effect.. (cc: counsel of record; any unrepresented party) (REF: MDL 2325; Cases on inactive docket) Signed by Judge Joseph R. Goodwin on 3/19/2018. (ts) (ADI) [Transferred from wvsd on 3/11/2020.]
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Filing 4
INACTIVE DOCKET ORDER: The court has been advised that the plaintiff(s) and American Medical Systems have reached a settlement with regard to AMS. 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 AMS may submit an agreed order of dismissal with prejudice on or before 5/31/2018; 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. 5654 in MDL Case No. 2325 AMS. Signed by Judge Joseph R. Goodwin on 3/1/2018. (cc: attys; any unrepresented party) (brn) [Transferred from wvsd on 3/11/2020.]
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Filing 3
PRETRIAL ORDER # 249 (Docket Control Order - American Medical Systems Inc. Wave 3 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING AMERICAN MEDICAL SYSTEMS, 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 3 cases") becomes subject to the deadlines in this Docket Control Order. For any case(s) in the American Medical Systems, Inc. MDL with a Covidien Wave 1 flag, the stay on the flagged Covidien Wave 1 case is lifted and the Covidien Wave 1 case is incorporated in the American Medical Systems, Inc., Wave 3 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 3 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 3 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 2325; AMS Wave 3 Cases Listed on Exhibit A) (brn) [Transferred from wvsd on 3/11/2020.]
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| Filing 2 TRANSMITTED PRETRIAL ORDER # 248 (Order Re: Qualified Settlement Fund - Motley Rice) entered on 11/28/2017 in MDL 2325 to attorneys in member case. (crg) [Transferred from wvsd on 3/11/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-6150799. (Attachment: #1 Civil Cover Sheet) (brn) [Transferred from wvsd on 3/11/2020.] |
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