HENDRICKS v. MENTOR WORLDWIDE LLC et al
| SYBIL HENDRICKS |
| BOSTON SCIENTIFIC CORPORATION, MENTOR WORLDWIDE LLC and COLOPLAST CORP |
| 5:2019cv00361 |
| October 1, 2019 |
| US District Court for the Northern District of Florida |
| MICHAEL J FRANK |
| ROBERT L HINKLE |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 14, 2019. A more recent docket listing may be available from PACER.
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Filing 35
ORDER CLOSING THE FILE re #34 Notice of Voluntary Dismissal. This order confirms that the case has been dismissed. The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 11/14/2019. (jcw)
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| Filing 34 STIPULATION of Dismissal (Voluntary Dismissal With Prejudice) by COLOPLAST CORP. (WALZ, DAVID) |
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Filing 33
ORDER FOR AN ATTORNEY CONFERENCE AND STATEMENT OF AVAILABLE TRIAL DATES. The attorneys must confer and file by 11/14/2019 a statement (1) setting out their joint estimate of the time needed for trial or, if they do not agree, their unilateral estimates, and (2) identifying trial periods when they are available for trial during January, February, and March 2020, together with their preferences among the available dates. Trial periods begin on the first and third Monday of each month. The trial period that begins on January 20 is not available. Signed by JUDGE ROBERT L HINKLE on 10/21/2019. (jcw)
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| Filing 32 NOTICE of Appearance by EDWARD W GERECKE on behalf of COLOPLAST CORP (GERECKE, EDWARD) |
| Filing 31 NOTICE of Appearance by CAYCEE DANIELLE HAMPTON on behalf of COLOPLAST CORP (HAMPTON, CAYCEE) |
| Filing 30 NOTICE of Appearance by DAVID JOSEPH WALZ on behalf of COLOPLAST CORP (WALZ, DAVID) |
| Filing 29 NOTICE Regarding Electronic Filing and Attorney Admissions Requirements mailed to Babak Bobby Saadian, Michael Bonasso, Dustin B Rawlin, Jon A Strongman, and Lana K Varney. (blb)*Addresses from WV Southern District docket* |
| Filing 28 Case transferred in from District of West Virginia Southern; Case Number 2:16-cv-06479. Original file certified copy of transfer order and docket sheet received. |
| Set/Reset Deadlines: Admissions due by 10/15/2019. (blb) |
| Filing 27 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp.. (Attachments: #1 ECF 2241 - PTO_140, #2 ECF 2257 - PTO_142, #3 ECF 2260 - PTO_143, #4 ECF 2299 - PTO_145, #5 ECF 2310 - PTO_146, #6 ECF 2317 - PTO_147, #7 ECF 2338 - PTO_149, #8 ECF 2339 - PTO_150, #9 ECF 2393 - PTO_154_, #10 ECF 2484 - PTO_158, #11 ECF 2522 - Transcript Hr'g 4-12-19, #12 ECF 2553 - Minute Entry, #13 ECF 2554 - Eifert Order on 6-7-19 Hr'g, #14 ECF 2555 - Transcript Hr'g 6-7-19, #15 ECF 2568 - Order Denying Mtn PO re Foreign Doc, #16 ECF 2637 - Order PSC Mtns Compel IFUs)(Varney, Lana) [Transferred from West Virginia Southern on 10/1/2019.] |
| Filing 26 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp.. (Attachments: #1 ECF 558 - PTO_102 wEx, #2 ECF 561 - PTO_103 wEx, #3 ECF 562 - PTO_104 wEx, #4 ECF 572 - PTO_105 wEx, #5 ECF 588 - PTO_107 wEx, #6 ECF 621 - PTO_109, #7 ECF 622 - PTO_110, #8 ECF 634 - PTO_112, #9 ECF 969 - PTO_117, #10 ECF 1028 - PTO_119 wEx, #11 ECF 1197 - PTO_121, #12 ECF 1198 - 2nd Amend Master LF Complaint, #13 ECF 1258 - CP Jt Master LF Answer to 2nd Amend Master Comp, #14 ECF 1259 - PTO_122, #15 ECF 1260 - PTO_123, #16 ECF 1261 - PTO_124, #17 ECF 1262 - Mentor Master LF Answer 2nd Amend Master Complaint, #18 ECF 1275 - PTO_125, #19 ECF 1276 - PTO_126, #20 ECF 1277 - PTO_127, #21 ECF 1289 - PTO_128, #22 ECF 1351 - PTO_129, #23 ECF 1361 - PTO_130, #24 ECF 1382 - PTO_131, #25 ECF 1430 - PTO_132, #26 ECF 1448 - PTO_134, #27 ECF 1491 - PTO_135, #28 ECF 1583 - PTO_136, #29 ECF 2142 - PTO_138)(Varney, Lana) [Transferred from West Virginia Southern on 10/1/2019.] |
| Filing 25 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02387 - Coloplast Corp.. (Attachments: #1 ECF 13 - PTO_5, #2 ECF 33 - PTO_10 wEx, #3 ECF 40 - PTO_12 wEx, #4 ECF 41 - PTO_13 wEx, #5 ECF 48 - PTO_15 wEx, #6 ECF 59 - PTO_20, #7 ECF 87 - PTO_26 wEx, #8 ECF 89 - PTO_27, #9 ECF 92 - PTO_28, #10 ECF 93 - PTO_29 wEx, #11 ECF 96 - PTO_30, #12 ECF 124 - PTO_32, #13 ECF 152 - PTO_37 wEx, #14 ECF 163 - PTO_40, #15 ECF 166 - PTO_41, #16 ECF 171 - PTO_43, #17 ECF 178 - PTO_44, #18 ECF 188 - PTO_47, #19 ECF 193 - PTO_49, #20 ECF 234 - PTO_55 wEx, #21 ECF 256 - PTO_59, #22 ECF 374 - PTO_74, #23 ECF 381 - PTO_76 wEx, #24 ECF 389 - PTO_77 wEx, #25 ECF 395 - PTO_79 wEx, #26 ECF 420 - PTO_80, #27 ECF 442 - PTO_86, #28 ECF 474 - PTO_90, #29 ECF 491 - PTO_94, #30 ECF 508 - PTO_98)(Varney, Lana) [Transferred from West Virginia Southern on 10/1/2019.] |
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Filing 24
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 9/26/2019 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 09/25/2019 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 9/12/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2387; Cases Listed on Exhibit A) (kew) [Transferred from West Virginia Southern on 10/1/2019.]
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Filing 23
PRETRIAL ORDER # 160 (ORDER AND SHOW CAUSE ORDER) Exhibit A Directing that the parties must identify each case as a Remand or Transfer Case and for the Transfer Cases on Exhibit A, the parties must identify venue information as follows: (1) the agreed venue or disputed venue; (2) plaintiff's counsel of record; (3) plaintiff's city and state of residence; and (4) state of plaintiff's implant and any removal(s). For the Remand Cases on Exhibit A, the parties must identify (1) the jurisdiction to which the case must be returned as indicated on the court's docket sheet; and (2) plaintiff's counsel. The parties shall meet and confer concerning the appropriate venue for each of the Transfer Cases and work to identify the remand jurisdiction for the Remand Cases as indicated on the court's docket sheet by 6/1/2019; directing that parties to file the above information by 6/13/2019. The submission of the information as directed by the court is essential to the planned remand or transfer of the remaining cases in this MDL. Exhibit B - Show Cause Directing that in each individual case on Exhibit B, plaintiffs and Coloplast, Inc. or Mentor Worldwide (where named) show cause on or before 6/17/2019, why they should not be sanctioned for failing to comply with the court's scheduling orders pursuant to Rule 16(f) of the Federal Rules of Civil Procedure. Exhibit C - Show Cause Directing that before 6/17/2019, the plaintiff in each individual case must show cause why the case should not be dismissed without prejudice pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Signed by Judge Joseph R. Goodwin on 5/20/2019. (cc: attys; any unrepresented party) (REF: MDL 2387; Cases Listed on Exhibits A, B and C) (kab) [Transferred from West Virginia Southern on 10/1/2019.]
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Filing 22
ORDER The cases on Exhibit A have had all defendants other than Coloplast Corp. and/or Mentor Worldwide LLC defendants dismissed from these actions; the court ORDERS that the cases on Exhibit A be transferred from the MDL in which they currently reside; the Clerk is directed to disassociate the civil actions on Exhibit A as a member case in the MDL in which each case currently resides and re-associate it with MDL 2387. Signed by Judge Joseph R. Goodwin on 5/10/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2387; Cases on Exhibit A) (st) [Transferred from West Virginia Southern on 10/1/2019.]
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Filing 21
ORDER (Dismissing Cases with Prejudice) granting the Joint Motion to Dismiss with Prejudice; the BSC defendant is DISMISSED WITH PREJUDICE from the action(s) listed on the attached Exhibit(s); and if there are no remaining defendants in a civil action, then (a) that civil action is dismissed and stricken from the docket and (b) any pending motions are DENIED as moot. Signed by Judge Joseph R. Goodwin on 5/7/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2326; Cases on the attached Exhibit(s)) (kab) [Transferred from West Virginia Southern on 10/1/2019.]
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| Filing 20 MOTION by Boston Scientific Corporation to Dismiss With Prejudice. (Strongman, Jon) [Transferred from West Virginia Southern on 10/1/2019.] |
| Filing 19 MEMORANDUM OF LAW by Coloplast Corp. in support of #18 MOTION by Coloplast Corp. for Summary Judgment (Varney, Lana) [Transferred from West Virginia Southern on 10/1/2019.] |
| Filing 18 MOTION by Coloplast Corp. for Summary Judgment (Attachments: #1 Proposed Order)(Varney, Lana) [Transferred from West Virginia Southern on 10/1/2019.] |
| Filing 17 STIPULATION OF SETTLEMENT BETWEEN CERTAIN PARTIES (Relief from deadlines set forth in PTO #175) by Boston Scientific Corporation, Sybil Hendricks (Strongman, Jon) (Modified on 9/5/2018 to add party filer) (kp). [Transferred from West Virginia Southern on 10/1/2019.] |
| Filing 16 CERTIFICATE OF SERVICE by Coloplast Corp. for Designation and Disclosure of Expert Witnesses. (Varney, Lana) [Transferred from West Virginia Southern on 10/1/2019.] |
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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) (klc) (ADI) [Transferred from West Virginia Southern on 10/1/2019.]
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| Filing 14 CERTIFICATE OF SERVICE by Coloplast Corp. for First Set of Requests for Production of Documents and Things, Interrogatories, and Requests for Admissions . (Varney, Lana) [Transferred from West Virginia Southern on 10/1/2019.] |
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Filing 13
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) (mek) (ADI) [Transferred from West Virginia Southern on 10/1/2019.]
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Filing 12
ORDER on Motion filed in MDL 2326: granting MOTION by Lana K. Varney for Change of Address in MDL 2326 and each individual member case in which she is associated. The court DIRECTS the Clerk to update the information, as set forth in the Motion, both on the main master docket, and for each individual member case in MDL 2326 with which Lana K. Varney is associated. Signed by Judge Joseph R. Goodwin on 8/29/2017. (cc: attys; any unrepresented party) (mek) (ADI) [Transferred from West Virginia Southern on 10/1/2019.]
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| Filing 11 PLAINTIFF PROFILE FORM filed by Sybil Hendricks. (Saadian, Babak) [Transferred from West Virginia Southern on 10/1/2019.] |
| Filing 10 PLAINTIFF PROFILE FORM filed by Sybil Hendricks. (Saadian, Babak) [Transferred from West Virginia Southern on 10/1/2019.] |
| Filing 9 PLAINTIFF FACT SHEET filed by Sybil Hendricks. (Saadian, Babak) [Transferred from West Virginia Southern on 10/1/2019.] |
| Filing 8 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Dustin B. Rawlin on behalf of Mentor Worldwide LLC. (Rawlin, Dustin) [Transferred from West Virginia Southern on 10/1/2019.] |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Lana K. Varney on behalf of Coloplast Corp.. (Varney, Lana) [Transferred from West Virginia Southern on 10/1/2019.] |
| Filing 6 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 10/1/2019.] |
| Filing 5 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon A. Strongman on 8/2/2016. Boston Scientific Corporation waiver mailed on 8/1/2016, answer due 9/30/2016. (Strongman, Jon) [Transferred from West Virginia Southern on 10/1/2019.] |
| 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 10/1/2019.] |
| Filing 3 ELECTRONIC SUMMONS ISSUED as to Boston Scientific Corporation, Coloplast Corp., Mentor Worldwide LLC, 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). (jld) [Transferred from West Virginia Southern on 10/1/2019.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 149 (Order re: Production of Case-Specific Information for BSC MDL Plaintiffs) entered on 07/18/2016 in MDL 2326 to attorneys in member case. (jk) [Transferred from West Virginia Southern on 10/1/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-4729053. (Attachment: #1 Civil Cover Sheet) (jld) [Transferred from West Virginia Southern on 10/1/2019.] |
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