Allen v. Boston Scientific Corporation
Plaintiff: Kimberly Allen
Defendant: Boston Scientific Corporation
Case Number: 8:2018cv01976
Filed: August 10, 2018
Court: US District Court for the Middle District of Florida
Office: Tampa Office
County: XX US, Outside State
Presiding Judge: Charlene Edwards Honeywell
Referring Judge: Anthony E Porcelli
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 30, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 30, 2018 Opinion or Order Filing 58 ORDER dismissing case, without prejudice. Each party shall bear its own costs and attorneys' fees. The Clerk is directed to terminate any pending motions and deadlines and CLOSE this case. Signed by Judge Charlene Edwards Honeywell on 8/30/2018. (BGS)
August 23, 2018 Filing 57 STIPULATION of Dismissal without Prejudice by Boston Scientific Corporation. (Guthrie, Brian)
August 13, 2018 Opinion or Order Filing 56 INTERESTED PERSONS ORDER. Certificate of interested persons and corporate disclosure statement due by 8/27/2018. Signed by Judge Charlene Edwards Honeywell on 8/13/2018. (BGS)
August 13, 2018 Opinion or Order Filing 55 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 8/27/2018. Signed by Judge Charlene Edwards Honeywell on 8/13/2018. (BGS)
August 10, 2018 Filing 54 NOTICE to counsel of new case number 8:18-cv-1976-T-36AEP and judge assignment (signed by deputy clerk). (AG)
August 10, 2018 Filing 53 Case transferred in from District of West Virginia Southern; Case Number 2:17-cv-01837. File received electronically
July 31, 2018 Opinion or Order Filing 52 ORDER Because all pretrial proceedings, including discovery and dispositive and Daubert motion practice, are substantially complete, and the case is ready for trial, this case is transferred to the United States District Court for the Middle District of Florida pursuant to 28 U.S.C. 1404(a); it is further ORDERED that within seven (7) days of this order, the parties may file a joint designation of any non-Pretrial Order filings from MDL 2326, 2:12-md-2326, and must designate any general causation Daubert motions, responses and replies filed in 2:12-md-2326 for experts identified by the parties in this case; immediately after the expiration of seven (7) days, the Clerk of this court is DIRECTED to transmit the following to the United States District Court for the Middle District of Florida: (1) a copy of the docket sheet for this case; (2) the entire file for this case; (3) the docket sheet for MDL 2326, 2:12-md-2326; (4) all PTOs entered in 2:12-md-2326; and (5) any other non-PTO filing from 2:12-md-2326 which the parties jointly designate. Signed by Judge Joseph R. Goodwin on 7/31/2018. (Attachment: #1 Transfer Memorandum) (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (kp) [Transferred from wvsd on 8/10/2018.]
July 26, 2018 Opinion or Order Filing 51 MEMORANDUM OPINION AND ORDER (Defendant's Motion for Summary Judgment) The #27 MOTION by Boston Scientific Corporation for Summary Judgment is GRANTED with respect to Count III (Strict Liability - Manufacturing Defect); Count V (Breach of Express Warranty); Count VI (Breach of Implied Warranty); and Count VIII (Discovery Rule, Tolling, and Fraudulent Concealment), and these claims are DISMISSED with prejudice; the Motion is DENIED with respect to Count I (Negligence), Count II (Strict Liability - Design Defect), Count IV (Strict Liability - Failure to Warn), and Count IX (Punitive Damages). Signed by Judge Joseph R. Goodwin on 7/26/2018. (cc: counsel of record; any unrepresented party) (kp) [Transferred from wvsd on 8/10/2018.]
May 30, 2018 Opinion or Order Filing 50 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Peter Rosenblatt, M.D.) The Motion by Certain Plaintiffs to Exclude Opinions and Testimony of Peter Rosenblatt, M.D. filed in MDL 2326 at ECF No. 4833 is GRANTED in part, DENIED in part, and RESERVED in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (st) [Transferred from wvsd on 8/10/2018.]
May 30, 2018 Opinion or Order Filing 49 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Bruce Rosenzweig, M.D.) The Motion by Boston Scientific Corporation to Exclude The General Causation Testimony of Dr. Bruce Rosenzweig, M.D. filed in MDL 2326 at ECF No. 4813 is GRANTED, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (mmw) [Transferred from wvsd on 8/10/2018.]
May 30, 2018 Opinion or Order Filing 48 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Bobby Shull, M.D.) The Motion by Boston Scientific Corporation to Exclude The Opinions and Testimony of Bobby Shull, M.D. filed in MDL 2326 at ECF No. 4810 is GRANTED, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (lca) [Transferred from wvsd on 8/10/2018.]
May 30, 2018 Opinion or Order Filing 47 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Richard Trepeta, M.D.) The Motion by Boston Scientific Corporation to Exclude The Opinions and Testimony of Richard W. Trepeta, M.D. filed in MDL 2326 at ECF No. 4811 is GRANTED, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (st) [Transferred from wvsd on 8/10/2018.]
May 30, 2018 Opinion or Order Filing 46 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Dionysios Veronikis, M.D.) The Motion by Boston Scientific Corporation to Exclude The Opinions and Testimony of Dionysios Veronikis, M.D. filed in MDL 2326 at ECF No. 4807 is GRANTED in part and DENIED in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (rmc) [Transferred from wvsd on 8/10/2018.]
May 30, 2018 Opinion or Order Filing 45 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Steven Spiegelberg, Ph.D.) The Motion by Certain Plaintiffs to Exclude Certain Opinions and Testimony of Steven Spiegelberg, Ph.D. filed in MDL 2326 at ECF No. 4827 is GRANTED in part, DENIED in part, and DENIED as moot in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (mmw) [Transferred from wvsd on 8/10/2018.]
May 30, 2018 Opinion or Order Filing 44 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Roger Goldberg, M.D.) The Combined Motion by Certain Plaintiffs to Exclude Opinions and Testimony of Roger Goldberg, M.D. filed in MDL 2326 at ECF No. 4829 is GRANTED in part, DENIED in part, and RESERVED in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (btm) [Transferred from wvsd on 8/10/2018.]
May 30, 2018 Opinion or Order Filing 43 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Donald Ostergard, M.D.) The Motion by Boston Scientific Corporation to Exclude Opinions and Testimony of Dr. Donald R. Ostergard filed in MDL 2326 at ECF No. 4821 is DENIED as moot, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (kab) [Transferred from wvsd on 8/10/2018.]
May 30, 2018 Opinion or Order Filing 42 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. James Rice, M.D.) The Combined Motion by Certain Plaintiffs to Exclude Opinions and Testimony of James Rice, M.D. filed in MDL 2326 at ECF No. 4830 is GRANTED in part, DENIED in part, and RESERVED in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (st) [Transferred from wvsd on 8/10/2018.]
May 30, 2018 Opinion or Order Filing 41 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Jimmy Mays, Ph.D.) The Motion by Boston Scientific Corporation to Exclude The Opinions and Testimony of Jimmy W. Mays, Ph.D. filed in MDL 2326 at ECF No. 4805 is GRANTED, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (brn) [Transferred from wvsd on 8/10/2018.]
May 30, 2018 Opinion or Order Filing 40 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Jennifer Anger, M.D.) The Combined Motion by Certain Plaintiffs to Exclude the Opinions of Jennifer Anger, M.D. filed in MDL 2326 at ECF No. 4828 is GRANTED, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (jsa) [Transferred from wvsd on 8/10/2018.]
May 30, 2018 Opinion or Order Filing 39 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Steven R. Little, Ph.D.) The Motion by Certain Plaintiffs to Exclude Opinions and Testimony of Steven R. Little, Ph.D. filed in MDL 2326 at ECF No. 4825 is GRANTED in part and DENIED in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (lca) [Transferred from wvsd on 8/10/2018.]
May 30, 2018 Opinion or Order Filing 38 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Michael Margolis, M.D.) The Motion by Boston Scientific Corporation to Exclude The Opinions and Testimony of Michael Thomas Margolis, M.D. filed in MDL 2326 at ECF No. 4804 is GRANTED in part and DENIED as moot in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (mmw) [Transferred from wvsd on 8/10/2018.]
May 30, 2018 Opinion or Order Filing 37 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Peggy Pence, Ph.D.) The Motion by Boston Scientific Corporation to Exclude The Opinions and Testimony of Peggy Pence, Ph.D. filed in MDL 2326 at ECF No. 4815 is GRANTED, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (st) [Transferred from wvsd on 8/10/2018.]
May 30, 2018 Opinion or Order Filing 36 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Stephen F. Badylak, D.V.M., Ph.D., M.D.) The Motion by Certain Plaintiffs to Exclude Exclude Opinions and Testimony of Stephen F. Badylak, D.V.M., PhD., M.D. filed in MDL 2326 at ECF No. 4826 is DENIED, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (hkl) [Transferred from wvsd on 8/10/2018.]
May 29, 2018 Opinion or Order Filing 35 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Matthew F. Davies, M.D.) The Combined Motion by Certain Plaintiffs to Exclude And/Or Limit The Testimony and Opinions of Matthew F. Davies, M.D. filed in MDL 2326 at ECF No. 4824 is GRANTED in part, DENIED in part, and RESERVED in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (brn) [Transferred from wvsd on 8/10/2018.]
May 29, 2018 Opinion or Order Filing 34 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Niall Galloway, M.D.) The Motion by Boston Scientific Corporation to Exclude Opinions and Testimony of Niall Galloway. M.D. filed in MDL 2326 at ECF No. 4818 is GRANTED in part, DENIED in part, and DENIED as moot in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (st) [Transferred from wvsd on 8/10/2018.]
May 29, 2018 Opinion or Order Filing 33 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Jerry Blaivas, M.D.) granting the Motion by Boston Scientific Corporation to Exclude The Opinions and Testimony of Jerry Blaivas, M.D. filed in MDL 2326 at ECF No. 4822, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (kab) [Transferred from wvsd on 8/10/2018.]
January 25, 2018 Filing 32 MEMORANDUM by Kimberly Allen in opposition to #27 MOTION by Boston Scientific Corporation for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B)(Kuntz, Jeffrey) [Transferred from wvsd on 8/10/2018.]
January 17, 2018 Opinion or Order Filing 31 PRETRIAL ORDER # 174 (Order Re: Joint Motion to Extend Deadlines and Second Amended Docket Control Order - Wave 3 Cases) granting the Joint Motion by Certain Plaintiffs, Boston Scientific Corporation to Extend Scheduling Deadlines Under Pretrial Order No. 171. The following deadlines shall apply in the Boston Scientific Corp., MDL 2326 Wave 3 cases: Response to Dispositive Motions due 1/25/2018, Reply to response to Dispositive Motions due 1/29/2018, Filing of Daubert motions due 1/11/2018, Responses to Daubert motions due 2/1/2018, and Reply to response to Daubert Motions due 2/8/2018. Signed by Judge Joseph R. Goodwin on 1/17/2018. (cc: Clerk of the JPMDL; attys) (REF: MDL 2326; Wave 3 Cases) (kab) [Transferred from wvsd on 8/10/2018.]
January 16, 2018 Opinion or Order Filing 30 ORDER granting #29 MOTION by Kimberly Allen to Withdraw #28 GENERAL MOTION/MEMORANDUM by Kimberly Allen to Exclude Certain Opinions and Testimony of Steven Spiegelberg, Ph.D., and denying as moot #28 GENERAL MOTION/MEMORANDUM by Kimberly Allen to Exclude Certain Opinions and Testimony of Steven Spiegelberg, Ph.D. Signed by Judge Joseph R. Goodwin on 1/16/2018. (cc: attys; any unrepresented party) (rec) [Transferred from wvsd on 8/10/2018.]
January 12, 2018 Filing 29 MOTION by Kimberly Allen to Withdraw #28 GENERAL MOTION/MEMORANDUM by Kimberly Allen to Exclude Certain Opinions and Testimony of Steven Spiegelberg, Ph.D. (Cartmell, Thomas) [Transferred from wvsd on 8/10/2018.]
January 11, 2018 Filing 28 GENERAL MOTION/MEMORANDUM by Kimberly Allen to Exclude Certain Opinions and Testimony of Steven Spiegelberg, Ph.D. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Cartmell, Thomas) (Modified on 1/11/2018 to remove link to #17 certificate of service and to convert event to motion to exclude) (kp). [Transferred from wvsd on 8/10/2018.]
January 4, 2018 Filing 27 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, #7 Exhibit G) (Strongman, Jon) [Transferred from wvsd on 8/10/2018.]
December 20, 2017 Opinion or Order Filing 26 ORDER denying #19 MOTION by Kimberly Allen to Quash the #18 Notice of Videotaped Deposition Duces Tecum of Barry D. Shaktman, MD; directing Plaintiffs to make Dr. Shaktman available for deposition by Defendant on a date and time convenient to the parties and Dr. Shaktman; the discovery deadline is not extended for any purpose other than Dr. Shaktman's deposition, and the deposition shall take place as expeditiously as possible; the belated deposition of Dr. Shaktman shall not provide a basis for the extension of any other date contained in the Court's scheduling order. Signed by Magistrate Judge Cheryl A. Eifert on 12/20/2017. (cc: counsel of record) (mek) [Transferred from wvsd on 8/10/2018.]
December 20, 2017 Filing 25 TELEPHONIC MOTION HEARING held by Magistrate Judge Cheryl A. Eifert on 12/20/2017; Court Reporter: Lisa Cook. (tmr) [Transferred from wvsd on 8/10/2018.]
December 19, 2017 Filing 24 NOTICE OF ATTORNEY APPEARANCE by Diane K. Watkins on behalf of Kimberly Allen. (Watkins, Diane) [Transferred from wvsd on 8/10/2018.]
December 19, 2017 Filing 23 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 8/10/2018.]
December 19, 2017 Filing 22 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Eric M. Anielak on behalf of Boston Scientific Corporation. (Anielak, Eric) [Transferred from wvsd on 8/10/2018.]
December 18, 2017 Opinion or Order Filing 21 ORDER Directing that a telephonic conference be held re: #19 MOTION by Kimberly Allen to Quash the #18 Notice of Videotaped Deposition Duces Tecum of Barry D. Shaktman, MD on 12/20/2017 at 9:00 a.m. EST. Signed by Magistrate Judge Cheryl A. Eifert on 12/18/2017. (cc: counsel of record; any unrepresented party) (mek) [Transferred from wvsd on 8/10/2018.]
December 15, 2017 Filing 20 OPPOSITION by Boston Scientific Corporation to #19 MOTION by Kimberly Allen to Quash the #18 Notice of Videotaped Deposition Duces Tecum of Barry D. Shaktman, MD (Tanenbaum, Michael) [Transferred from wvsd on 8/10/2018.]
December 12, 2017 MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: #19 MOTION by Kimberly Allen to Quash the #18 Notice of Videotaped Deposition Duces Tecum of Barry D. Shaktman, MD. (kp) [Transferred from wvsd on 8/10/2018.]
December 12, 2017 Filing 19 MOTION by Kimberly Allen to Quash the #18 Notice of Videotaped Deposition Duces Tecum of Barry D. Shaktman, MD (Attachments: #1 Exhibit A, #2 Exhibit B)(Kuntz, Jeffrey) (Modified on 12/13/2017 to add link to #18 notice) (kp). [Transferred from wvsd on 8/10/2018.]
December 11, 2017 Filing 18 NOTICE OF VIDEOTAPED DEPOSITION by Boston Scientific Corporation of Dr. Barry D. Shaktman on December 14, 2017, at 10:00 a.m. and continue on December 15, 2017. (Tanenbaum, Michael) [Transferred from wvsd on 8/10/2018.]
November 16, 2017 Filing 17 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Rule 26 Designation and Disclosure of Expert Witnesses. (Strongman, Jon) [Transferred from wvsd on 8/10/2018.]
October 31, 2017 Filing 16 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Ignacio Armas, MD on November 15, 2017 at 4:00 pm (EST) (Strongman, Jon) [Transferred from wvsd on 8/10/2018.]
October 19, 2017 Filing 15 CERTIFICATE OF SERVICE by Kimberly Allen for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Kuntz, Jeffrey) [Transferred from wvsd on 8/10/2018.]
October 9, 2017 Filing 14 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Ingancio Armas, MD on November 7, 2017 at 10:00 am (EST) (Strongman, Jon) [Transferred from wvsd on 8/10/2018.]
September 28, 2017 Filing 13 RESPONSE AND OBJECTIONS to #12 Notice of Deposition Duces Tecum of Kimberly Allen by Kimberly Allen (Kuntz, Jeffrey) [Transferred from wvsd on 8/10/2018.]
September 27, 2017 Filing 12 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Kimberly Allen on October 12, 2017 at 10:00 am (EST) (Strongman, Jon) [Transferred from wvsd on 8/10/2018.]
September 7, 2017 Opinion or Order Filing 11 PRETRIAL ORDER # 171 (First Amended Docket Control Order - Wave 3 Cases) granting 4339 JOINT MOTION by Boston Scientific Corporation, Certain Plaintiffs to Extend Scheduling Deadlines Under 3902 Pretrial Order #165. The deadlines set forth in PTO #165 are amended as set forth below: Scheduling Deadlines. The following deadlines shall apply in the Boston Scientific Wave 3 cases: Expert disclosure by plaintiffs due by 10/18/2017, Expert disclosure by defendant due by 11/15/2017, Expert disclosure for rebuttal purposes due by 12/01/2017, Deposition deadline and close of discovery due by 12/15/2017, Filing of Dispositive Motions due by 1/04/2018, Response to Dispositive Motions due by 1/18/2018, Reply to response to dispositive motions due by 1/22/2018, Filing of Daubert motions due by 1/11/2018, Responses to Daubert motions due by 1/25/2018, and Reply to response to Daubert motions due by 2/01/2018. Any other deadlines set forth in PTO # 165 not specifically listed above shall remain in effect. 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 courts attention in a consolidated manner as follows: A consolidated motion to seal is due on or before 10/25/2017, any response is due 11/08/2017 and any reply is due 11/15/2017. Venue Recommendations. By no later than 10/18/2017, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall file joint venue recommendations to the court by 11/01/2017. Signed by Judge Joseph R. Goodwin on 9/7/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2326; Wave 3 Cases) (kab) [Transferred from wvsd on 8/10/2018.]
August 29, 2017 Filing 10 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Kimberly Allen on September 8, 2017 at 1:00 pm (Strongman, Jon) [Transferred from wvsd on 8/10/2018.]
August 9, 2017 Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael A. Tanenbaum on behalf of Boston Scientific Corporation. (Tanenbaum, Michael) [Transferred from wvsd on 8/10/2018.]
July 21, 2017 Filing 8 PLAINTIFF FACT SHEET filed by Kimberly Allen. (Kuntz, Jeffrey) [Transferred from wvsd on 8/10/2018.]
June 21, 2017 Opinion or Order Filing 7 PRETRIAL ORDER # 165 (Docket Control Order Wave 3 Cases) The cases, attached as Exhibit A, will be known as the Boston Scientific Wave 3 cases, and the following deadlines apply: SCHEDULING DEADLINES: Plaintiff Fact Sheets due by 07/21/2017, Defendant Fact Sheets due by 08/21/2017, Deadline for written discovery requests due by 10/02/2017, Expert disclosure by plaintiffs due by 09/18/2017, Expert disclosure by defendant due by 10/16/2017, Expert disclosure for rebuttal purposes due by 11/01/2017, Deposition deadline and close of discovery due by 11/15/2017, Filing of Dispositive Motions due by 12/05/2017, Response to Dispositive Motions due by 12/19/2017, Reply to response to dispositive motions due by 12/26/2017, Filing of Daubert motions due by 12/12/2017, Responses to Daubert motions due by 12/26/2017, and Reply to response to Daubert motions due by 01/02/2018. 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 courts attention in a consolidated manner as follows: A consolidated motion to seal is due on or before 10/25/2017, any response is due 11/08/2017 and any reply is due 11/15/2017. Venue Recommendations: The parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall file joint venue recommendations to the court by 11/01/2017. Signed by Judge Joseph R. Goodwin on 6/21/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2326; Boston Scientific Wave 3 Cases listed on Exhibit A) (brn) [Transferred from wvsd on 8/10/2018.]
June 6, 2017 Filing 6 PLAINTIFF PROFILE FORM filed by Kimberly Allen. (Kuntz, Jeffrey) [Transferred from wvsd on 8/10/2018.]
April 26, 2017 Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Bonasso on behalf of Boston Scientific Corporation. (Bonasso, Michael) [Transferred from wvsd on 8/10/2018.]
March 17, 2017 Filing 4 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon A. Strongman on 3/17/2017. Boston Scientific Corporation waiver mailed on 3/16/2017, answer due 5/15/2017. (Strongman, Jon) [Transferred from wvsd on 8/10/2018.]
March 17, 2017 Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jon A. Strongman on behalf of Boston Scientific Corporation. (Strongman, Jon) [Transferred from wvsd on 8/10/2018.]
March 14, 2017 Filing 2 TRANSMITTED PRETRIAL ORDER # 156 (Order on Plaintiff's Unopposed Motion to Create the Fleming, Nolen & Jez, LLP., Boston Scientific Qualified Settlement Fund) entered on 2/9/2017 in MDL 2326 to attorneys in member case. (Attachment: #1 Exhibit A) (jk) [Transferred from wvsd on 8/10/2018.]
March 13, 2017 Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-5420218. (Attachment: #1 Civil Cover Sheet) (mh) [Transferred from wvsd on 8/10/2018.]

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Defendant: Boston Scientific Corporation
Represented By: Eric M. Anielak
Represented By: Michael A. Tanenbaum
Represented By: Michael Bonasso
Represented By: Jon A. Strongman
Represented By: James H. Keale
Represented By: Brian T. Guthrie
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Plaintiff: Kimberly Allen
Represented By: Thomas P. Cartmell
Represented By: Jeffrey M. Kuntz
Represented By: Diane K. Watkins
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