Puldon v. American Medical Systems, Inc.
| Maria Puldon |
| American Medical Systems, Inc. |
| 0:2020cv60411 |
| February 25, 2020 |
| US District Court for the Southern District of Florida |
| William P Dimitrouleas |
| Lurana S Snow |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 23, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 101 Joint RESPONSE to #95 Order,, Terminate Deadlines and Hearings,, Set/Reset Deadlines/Hearings, and Motion for Mediation and a Specially Set Trial Date by American Medical Systems, Inc.. (Mullins, Edward) |
Filing 100
ORDER dismissing #66 Motion to Exclude Testimony of Dr. Stephen Badylak; granting #74 Motion to Strike. Dr. Badylak may testify. Signed by Judge William P. Dimitrouleas on 4/21/2020. See attached document for full details. (amb)
|
|
Filing 99
AMENDED ORDER dismissing and alternatively denying #63 Motion to Exclude ; granting #72 Motion to Strike. Signed by Judge William P. Dimitrouleas on 4/21/2020. See attached document for full details. (jas)
|
| Filing 98 Clerks Notice of Docket Correction re #97 Order on Motion for Miscellaneous Relief,, Order on Motion to Strike,. Document Restricted Due to Error; The correct document has been attached to this notice. (amb) |
|
Filing 97
ORDER dismissing and alternatively denying #63 Motion to Exclude ; granting #72 Motion to Strike. Dr. Joslin may testify. Signed by Judge William P. Dimitrouleas on 4/21/2020. See attached document for full details. (amb) (Main Document 97 replaced on 4/21/2020) (amb).
|
|
Filing 96
ORDER dismissing, as moot #64 Motion to Exclude Certain Opinions and Testimony of Dr. Karen Becker. Signed by Judge William P. Dimitrouleas on 4/21/2020. See attached document for full details. (amb)
|
|
Filing 95
ORDER. The May 1, 2020 calendar call and May 4, 2020 trial set in this matter are hereby CANCELED. The Parties shall confer and file a response on or before 4/23/2020. Signed by Judge William P. Dimitrouleas on 4/17/2020. See attached document for full details. (amb)
|
| Filing 94 REPLY to Response to Motion re #74 Defendant's MOTION to Strike #66 Notice (Other),,, AMS Motion to Strike Plaintiffs Motions to Exclude the Opinions and Testimony of Dr. Badylak filed by American Medical Systems, Inc.. (Olivos, Christina) |
|
Filing 93
ORDER GRANTING MOTION FOR LEAVE TO WITHDRAW, granting #89 Motion to Withdraw as Attorney. Michael J. Farrell and Erik W. Legg withdrawn from case Notice of Termination delivered by US Mail to Michael Farrell, Erik Legg.. Signed by Judge William P. Dimitrouleas on 4/5/2020. See attached document for full details. (pcs)
|
|
Filing 92
ORDER ON MOTION TO STRIKE; granting #84 Motion to Strike. Signed by Judge William P. Dimitrouleas on 4/1/2020. See attached document for full details. (jas)
|
| Filing 91 NOTICE by American Medical Systems, Inc. re #84 MOTION to Strike #78 Notice (Other) Non-Opposition to #84 (Mullins, Edward) |
| Filing 90 RESPONSE in Opposition re #74 Defendant's MOTION to Strike #66 Notice (Other),,, AMS Motion to Strike Plaintiffs Motions to Exclude the Opinions and Testimony of Dr. Badylak filed by Maria Puldon. Replies due by 4/7/2020. (Haberman, Jeffrey) |
| Filing 89 MOTION to Withdraw as Attorney by Erik W Legg and Michael J Farrell for by American Medical Systems, Inc.. Responses due by 4/14/2020 (cqs) |
| Filing 88 NOTICE by Maria Puldon re #56 Order on Motion to Consolidate Cases Plaintiff's Notice of Filing Previous MDL Court Rulings with Respect to Certain Daubert Motions (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Haberman, Jeffrey) |
| Filing 87 Clerks Notice to Filer re #86 Notice (Other),. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (cqs) |
| Filing 86 NOTICE of Request of Oral Argument by American Medical Systems, Inc. re #59 Motion for Miscellaneous Relief, #57 Motion for Summary Judgment, #60 Motion for Miscellaneous Relief, #72 Defendant's MOTION to Strike #63 Notice (Other) Plaintiffs Refiling of Motion and Memorandum to Exclude the Testimony of Debora L. Joslin, Ph.D, #61 Motion for Miscellaneous Relief, #62 Motion for Miscellaneous Relief TO REQUEST ORAL ARGUMENT (Olivos, Christina)Event and Text Modified on 3/24/2020 (cqs). |
| Filing 85 REPLY to Response to Motion re #62 Motion for Miscellaneous Relief to Exclude Case Specific Causation Opinions of Dr. Rosenzweig filed by American Medical Systems, Inc.. (Attachments: #1 Exhibit)(Olivos, Christina) |
| Filing 84 MOTION to Strike #78 Notice (Other) by Maria Puldon. Responses due by 4/3/2020 (Attachments: #1 Text of Proposed Order)(Haberman, Jeffrey) |
| Filing 83 REPLY to Response to Motion re #61 Motion for Miscellaneous Relief Defendant American Medical Systems, Inc.'s Reply in Further Support of Motion to Exclude the General Opinions and Testimony of Donald Ostergard, M.D., Pursuant to Daubert and Federal Rules of Evidence 702 and 703 filed by American Medical Systems, Inc.. (Attachments: #1 Exhibit A)(Olivos, Christina) |
| Filing 82 REPLY to Response to Motion re #60 Motion for Miscellaneous Relief Reply Brief of Defendant American Medical Systems, Inc. in Support of Motion to Exclude the Testimony of Vladimir Iakovlev, M.D., Pursuant to Daubert and Federal Rules of Evidence 702 and 703 filed by American Medical Systems, Inc.. (Attachments: #1 Exhibit A)(Olivos, Christina) |
| Filing 81 REPLY to Response to Motion re #59 Motion for Miscellaneous Relief Reply to Plaintiff's Memo In Opposition to Defendant's Motion to Exclude the Opinions and Testimony of Scott Guelcher, Ph.D. and Jimmy Mays, Ph.D. filed by American Medical Systems, Inc.. (Attachments: #1 Exhibit A)(Olivos, Christina) |
| Filing 80 REPLY to Response to Motion re #58 Motion for Miscellaneous Relief Reply Brief of Defendant American Medical Systems Inc. in Support of Motion to Limit the General Causation Opinions and Testimony of Bruce Rosenzweig, M.D., Pursuant to Daubert and Federal Rules of Evidence 702 and 703 filed by American Medical Systems, Inc.. (Olivos, Christina) |
| Filing 79 REPLY to Response to Motion re #57 Motion for Summary Judgment Defendant's Reply in Further Support of its Motion for Partial Summary Judgment filed by American Medical Systems, Inc.. (Attachments: #1 Exhibit A)(Olivos, Christina) |
| Filing 78 STRICKEN per DE#92 , NOTICE by Maria Puldon , of Serving Proposal for Settlement to Defendant (Attachments: #1 Exhibit Proposal of Settlement) (Haberman, Jeffrey) Modified text on 4/1/2020 (jas). |
| Filing 77 Clerks Notice to ALL Filers. Docket Entries 57-64 and 66 were filed as "Notice of Re-filing of Motions". ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion that requires a ruling. All previously filed notices have been converted into motions by the Clerk. It is not necessary to refile any documents. (ail) |
| Filing 76 REFILED MEMORANDUM OF LAW IN SUPPORT OF THEIR OPPOSITION by Maria Puldon re #58 Motion to Limit the General Causation Opinions and Testimony of Bruce Rosenzweig M.D. Pursuant to Daubert and Federal Rules of Evidence 702 and 703 (Attachments: #1 Memorandum, #2 Exhibit A-F, #3 Exhibit Motion for Leave for Surreply, #4 Memorandum) (Haberman, Jeffrey) Text Modified on 3/18/2020 (ail). |
| Filing 75 REFILED RESPONSE IN OPPOSITION by Maria Puldon re #62 MOTION to Exclude the Specific Causation Opinions and Testimony of Bruce Rosenzweig M.D. Pursuant to Daubert and Federal Rules of Evidence 702 and 703 by American Medical Systems, Inc. (Attachments: #1 Exhibit Plaintiff's Response in Opposition to Defendant's Motion to Exclude Dr. Bruce Rosenzweig, #2 Exhibit 1) (Haberman, Jeffrey) Text and Event Modified on 3/18/2020 (ail). |
| Filing 74 REFILED MOTION to Strike #66 MOTION to Exclude the Testimony of Stephen F. Badylak, D.V.M., Ph.D., M.D by American Medical Systems, Inc.. Responses due by 3/31/2020 (Attachments: #1 Exhibit A)(Olivos, Christina)Text Modified on 3/18/2020 (ail). |
| Filing 73 REFILED RESPONSE IN OPPOSITION by American Medical Systems, Inc. re #66 MOTION to Exclude the Testimony of Stephen F. Badylak, D.V.M., Ph.D., M.D. Pursuant to Order Dated March 9, 2020 (Attachments: #1 Exhibit A Part 1 of 3, #2 Exhibit A Part 2 of 3, #3 Exhibit A Part 3 of 3) (Olivos, Christina) Text Modified on 3/18/2020 (ail). Modified on 3/18/2020 (ail). |
| Filing 72 REFILED Defendant's MOTION to Strike #63 MOTION to Exclude the Testimony of Debora L. Joslin, Ph.D. by American Medical Systems, Inc.. Responses due by 3/31/2020 (Attachments: #1 Exhibit A Part 1 of 2, #2 Exhibit A Part 2 of 2, #3 Exhibit B)(Olivos, Christina) Text Modified on 3/18/2020 (ail). |
| Filing 71 REFILED RESPONSE by Maria Puldon re #60 Defendant AMS Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. (Attachments: #1 Exhibit Plaintiff's Response to Defendant's Motion to Exclude Vladimir Iakovlev, MD, #2 Exhibit 1 Part 1, #3 Exhibit 1 Part 2, #4 Exhibit 1 Part 3, #5 Exhibit 1 Part 4, #6 Exhibit 1 Part 5, #7 Exhibit 1 Part 6, #8 Exhibit 2, #9 Exhibit 3, #10 Exhibit 4, #11 Exhibit 5, #12 Exhibit 6, #13 Exhibit 7, #14 Exhibit 8, #15 Exhibit 9) (Haberman, Jeffrey)Text Modified on 3/18/2020 (ail). |
| Filing 70 REFILED Memorandum in Opposition by Maria Puldon re #59 Motion to Exclude the General Causation Opinions and Testimony of Scott Guelcher Ph.D. and Jimmy Mays Ph.D. Pursuant to Daubert and Federal Rules of Evidence 702 and 703 (Attachments: #1 Exhibit Plaintiff's Memo in Opposition to Defendant's Motion to Exclude Scott Guelcher, Ph.D., #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (Haberman, Jeffrey) Text and Modified on 3/18/2020 (ail). |
| Filing 69 REFILED MEMORANDUM OF LAW IN SUPPORT by Maria Puldon re #61 MOTION to Exclude the General Causation Opinions and Testimony of Donald Ostergard M.D. Pursuant to Daubert and Federal Rules of Evidence 702 and 703. (Attachments: #1 Exhibit Plaintiff's Memo in Support of Opposition to Defendant's Motion to Exclude Donald Ostergard, #2 Exhibit A-C, #3 Exhibit D Part 1, #4 Exhibit D Part 2, #5 Exhibit D Part 3, #6 Exhibit D Part 4, #7 Exhibit D Part 5, #8 Exhibit E-G) (Haberman, Jeffrey) Text Modified on 3/18/2020 (ail). |
| Filing 68 REFILED RESPONSE IN OPPOSITION by Maria Puldon re #57 Defendant's Motion for Partial Summary Judgement (Attachments: #1 Exhibit Plaintiff's Response in Opposition, #2 Exhibit A, #3 Exhibit B) (Haberman, Jeffrey)Text and Event Modified on 3/18/2020 (ail). |
|
Filing 67
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE, CONSENT TO DESIGNATION AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING. ORDER granting #65 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Barbara R. Binis, Esq.. Signed by Judge William P. Dimitrouleas on 3/16/2020. See attached document for full details. (amb)
|
| Filing 66 REFILED MOTION to Exclude the Testimony of Stephen F. Badylak, D.V.M., Ph.D., M.D. by Maria Puldon (Attachments: #1 Exhibit Motion to Exclude Badylak dated January 7, 2014, #2 Memorandum, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit Motion to Exclude Badylak dated August 1, 2019, #14 Memorandum, #15 Exhibit A, #16 Exhibit B, #17 Exhibit C, #18 Exhibit D, #19 Exhibit E, #20 Exhibit F, #21 Exhibit G, #22 Exhibit H, #23 Exhibit I, #24 Exhibit J, #25 Exhibit K, #26 Exhibit L, #27 Exhibit M, #28 Exhibit N, #29 Exhibit Motion & Memo of Law to Exclude Badylak dated January 11, 2018, #30 Exhibit 1, #31 Exhibit 2, #32 Exhibit 3, #33 Exhibit 4, #34 Exhibit 5) (Haberman, Jeffrey) Text & Event Modified on 3/18/2020 (ail). |
| Filing 65 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Barbara R. Binis. Filing Fee $ 200.00 Receipt # AFLSDC-12594535 by American Medical Systems, Inc.. Responses due by 3/26/2020 (Attachments: #1 Text of Proposed Order)(Mullins, Edward) |
| Filing 64 REFILED MOTION to Exclude Certain Opinions and Testimony of Dr. Karen Becker by Maria Puldon (Attachments: #1 Exhibit Motion, #2 Exhibit Expert Report, #3 Exhibit Exhibit 2, #4 Memorandum) (Haberman, Jeffrey) Text & Event Modified on 3/18/2020 (ail). |
| Filing 63 REFILED MOTION to Exclude the Testimony of Debora L. Joslin, Ph.D. by Maria Puldon (Attachments: #1 Exhibit Motion, #2 Exhibit A, #3 Exhibit B, #4 Memorandum) (Haberman, Jeffrey) Modified on 3/18/2020 (ail). |
| Filing 62 REFILED MOTION to Exclude the Specific Causation Opinions and Testimony of Bruce Rosenzweig M.D. Pursuant to Daubert and Federal Rules of Evidence 702 and 703 by American Medical Systems, Inc. (Attachments: #1 Exhibit A Part 1 of 6, #2 Exhibit A Part 2 of 6, #3 Exhibit A Part 3 of 6, #4 Exhibit A Part 4 of 6, #5 Exhibit A Part 5 of 6, #6 Exhibit A Part 6 of 6, #7 Exhibit B) (Olivos, Christina)Text & Event Modified on 3/18/2020 (ail). |
| Filing 61 REFILED MOTION to Exclude the General Causation Opinions and Testimony of Donald Ostergard M.D. Pursuant to Daubert and Federal Rules of Evidence 702 and 703 (Attachments: #1 Exhibit A, #2 Exhibit B) (Olivos, Christina) Text & Event Modified on 3/18/2020 (ail). |
| Filing 60 REFILED MOTION to Exclude the General Causation Opinions and Testimony of Vladimir Iakovlev M.D. Pursuant to Daubert and Federal Rules of Evidence 702 and 703 by American Medical Systems, Inc. (Attachments: #1 Exhibit A Part 1 of 2, #2 Exhibit A Part 2 of 2, #3 Exhibit B) (Olivos, Christina) Text & Event Modified on 3/18/2020 (ail). |
| Filing 59 REFILED MOTION to Exclude the General Causation Opinions and Testimony of Scott Guelcher Ph.D. and Jimmy Mays Ph.D. Pursuant to Daubert and Federal Rules of Evidence 702 and 703 by American Medical Systems, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B) (Olivos, Christina) Text & Event Modified on 3/18/2020 (ail). |
| Filing 58 REFILED MOTION to Limit the General Causation Opinions and Testimony of Bruce Rosenzweig M.D. Pursuant to Daubert and Federal Rules of Evidence 702 and 703 by American Medical Systems, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B) (Olivos, Christina)Text & Event Modified on 3/18/2020 (ail). |
| Filing 57 REFILED MOTION for Partial Summary Judgment on Plaintiff's Claims Pursuant to Order Dated March 9, 2020 by AMS, Inc.'s (Attachments: #1 Exhibit A, #2 Exhibit B) by American Medical Systems, Inc. (Olivos, Christina) Text & Event Modified on 3/18/2020 (ail). |
|
Filing 56
ORDER on Motion to Transfer; denying #54 Motion to Consolidate Cases. Signed by Judge William P. Dimitrouleas on 3/9/2020. See attached document for full details. (jbs)
|
|
Filing 55
GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES signed by Magistrate Judge Lurana S. Snow on 3/5/2020. (jz)
|
| Filing 54 Defendant's MOTION to Consolidate Cases (for Transfer) by American Medical Systems, Inc.. Attorney Edward Maurice Mullins added to party American Medical Systems, Inc.(pty:dft). Responses due by 3/18/2020 (Mullins, Edward) |
| Filing 53 Notice of Pending, Refiled, Related or Similar Actions by American Medical Systems, Inc. (Olivos, Christina) |
| Filing 52 SUPPLEMENT to #46 Miscellaneous Document Joint Designation of Record for MDL Transfers by American Medical Systems, Inc. (Attachments: #1 Supplement ECF 231 - PTO # 013, #2 Supplement ECF 288 - PTO # 017, #3 Supplement ECF 292 - AMS Answer & Defense to P's Amended MLF Complaint, #4 Supplement ECF 748 - PTO # 073, #5 Supplement ECF 1234 - PTO # 171, #6 Supplement ECF 6720 - AMS Daubert Brief re Rosenzweig, #7 Supplement ECF 6719 - AMS Daubert Motion re Rosenzweig, #8 Supplement ECF 6836 - P's Daubert Response re Rosenzweig, #9 Supplement ECF 6876 - AMS Daubert Reply re Rosenzweig, #10 Supplement ECF 6896 - P's Motion for Leave of Court re Rosenzweig, #11 Supplement ECF 6894 - P's Late Daubert Motion re Joslin Part 1 of 3, #12 Supplement ECF 6894 - P's Late Daubert Motion re Joslin Part 2 of 3, #13 Supplement ECF 6894 - P's Late Daubert Motion re Joslin Part 3 of 3, #14 Supplement ECF 6895 - P's Daubert Brief re Joslin, #15 Supplement ECF 6933 - AMS Motion to Strike re Joslin Part 1 of 2, #16 Supplement ECF 6933 - AMS Motion to Strike re Joslin Part 2 of 2, #17 Supplement ECF 6934 - AMS Opposition to P's Daubert re Joslin, #18 Supplement ECF 6705 - AMS Daubert Brief re Iakovlev, #19 Supplement ECF 6704 - AMS Daubert Motion re Iakovlev Part 1 of 2, #20 Supplement ECF 6704 - AMS Daubert Motion re Iakovlev Part 2 of 2, #21 Supplement ECF 6794 - P's Daubert Response re Iakovlev Part 1 of 6, #22 Supplement ECF 6794 - P's Daubert Response re Iakovlev Part 2 of 6, #23 Supplement ECF 6794 - P's Daubert Response re Iakovlev Part 3 of 6, #24 Supplement ECF 6794 - P's Daubert Response re Iakovlev Part 4 of 6, #25 Supplement ECF 6794 - P's Daubert Response re Iakovlev Part 5 of 6, #26 Supplement ECF 6794 - P's Daubert Response re Iakovlev Part 6 of 6, #27 Supplement ECF 6872 - AMS Daubert Reply re Iakovlev, #28 Supplement ECF 6710 - AMS Daubert Brief re Guelcher and Mays, #29 Supplement ECF 6709 - AMS Daubert Motion re Guelcher and Mays, #30 Supplement ECF 6790 - P's Daubert Response re Guelcher and Mays Part 1 of 2, #31 Supplement ECF 6790 - P's Daubert Response re Guelcher and Mays Part 2 of 2, #32 Supplement ECF 6868 - AMS Daubert Reply re Guelcher and Mays, #33 Supplement ECF 6716 - AMS Daubert Motion re Ostergard, #34 Supplement ECF 6717 - AMS Daubert Brief re Ostergard, #35 Supplement ECF 6788 - P's Daubert Response re Ostergard Part 1 of 5, #36 Supplement ECF 6788 - P's Daubert Response re Ostergard Part 2 of 5, #37 Supplement ECF 6788 - P's Daubert Response re Ostergard Part 3 of 5, #38 Supplement ECF 6788 - P's Daubert Response re Ostergard Part 4 of 5, #39 Supplement ECF 6788 - P's Daubert Response re Ostergard Part 5 of 5, #40 Supplement ECF 6867 - AMS Daubert Reply re Ostergard, #41 Supplement ECF 7481 - P's Daubert Adoption re Badylak, Becker, Kozak, and Coad)(Olivos, Christina) |
|
Filing 51
ORDER Setting Trial Date and Discovery Deadlines, Referring Case to Mediation and Referring Discovery Motions to United States Magistrate Judge: re #45 Order ( Jury Trial set for 5/4/2020 before Judge William P. Dimitrouleas., Calendar Call set for 5/1/2020 10:00 AM before Judge William P. Dimitrouleas.), ORDER REFERRING CASE to Mediation. ORDER REFERRING CASE to Magistrate Judge Lurana S. Snow. Signed by Judge William P. Dimitrouleas on 3/2/2020. See attached document for full details. (jbs)
|
| Filing 50 NOTICE of Attorney Appearance by Christina Olivos on behalf of American Medical Systems, Inc.. Attorney Christina Olivos added to party American Medical Systems, Inc.(pty:dft). (Olivos, Christina) |
| Filing 49 Bar Letter re: Admissions sent to attorney Barbara R. Binis, Erik W. Legg, Michael J. Farrell, mailing date February 25, 2020, (cco) |
| Filing 48 Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas and Magistrate Judge Lurana S. Snow. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lurana S. Snow is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (bb) |
| Filing 47 Case transferred in from West Virginia Southern; Case Number 2:16-cv-12266. Electronic file including transfer order and docket sheet received. .(bb). |
| Filing 46 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02325 - American Medical Systems, Inc. (Binis, Barbara) |
|
Filing 45
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 2/20/2020 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 2/19/2020 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 02/06/2020. (cc: counsel of record; any unrepresented party) (REF: MDL 2325; Cases Listed on Exhibit A) (st)
|
|
Filing 44
ORDER directing the Clerk to replace ECF No. 37-1 (Exhibit A and Exhibit C (Parts 1 and 2) only)), in this civil action with exhibits 7559-1, 7559-2, and 7559-3 filed in AMS 2325. Signed by Judge Joseph R. Goodwin on 1/24/2020. (cc: counsel of record; any unrepresented party) (kew)
|
| Filing 43 BRIEF by American Medical Systems, Inc. in support of #37 MOTION by American Medical Systems, Inc. to Exclude The Specific Causation Opinions and Testimony of Bruce Rosenzweig, M.D., Pursuant to Daubert and Federal Rules of Evidence 702 and 703. (kew) |
|
Filing 42
ORDER directing the Clerk to file the Memoranda of Law listed herein in each individual case and link it to the appropriate Daubert motions. Signed by Judge Joseph R. Goodwin on 1/24/2020. (cc: counsel of record; any unrepresented party) (kew)
|
| Filing 41 OBJECTIONS AND RESPONSES by American Medical Systems, Inc. to #40 Notice of Videotaped Deposition of James E. Coad, M.D. (Binis, Barbara) |
| Filing 40 NOTICE OF VIDEOTAPED DEPOSITION by Maria Puldon of James Coad, MD on November 20, 2018 at 9:00 AM EST (Haberman, Jeffrey) |
| Filing 39 REPLY BRIEF by American Medical Systems, Inc. to #38 Response in Opposition. (Attachment: #1 Exhibits A-I) (originally filed in MDL 2325 at ECF No. 6877 on 11/01/2018) (brn) |
| Filing 38 RESPONSE by Certain Plaintiffs in opposition to #37 MOTION by American Medical Systems, Inc. to Exclude The Specific Causation Opinions and Testimony of Bruce Rosenzweig, M.D., Pursuant to Daubert and Federal Rules of Evidence 702 and 703. (Attachment: #1 Exhibits) (originally filed in MDL 2325 at ECF No. 6873 on 11/01/2018) (mek) |
| Filing 37 MOTION by American Medical Systems, Inc. to Exclude The Specific Causation Opinions and Testimony of Bruce Rosenzweig, M.D., Pursuant to Daubert and Federal Rules of Evidence 702 and 703. (Attachments: #1 Exhibits A-E, #2 Exhibits F-H, #3 Exhibits I-L, #4 Exhibits M-Q, #5 Exhibits R-U, #6 Exhibit V1, #7 Exhibit V2, #8 Exhibit V3, #9 Proposed Order)(originally docketed in MDL 2325 on 10/18/2018 at ECF #6722) (mms) (Modified on 1/24/2020 to remove attachment #1 and replace with redacted version pursuant to the #44 order) (kew). |
| Filing 36 REPLY by American Medical Systems, Inc. to #33 Response In Opposition. (Attachment: #1 Exhibit A)(Binis, Barbara) (Modified on 11/6/2018 to correct link and to convert event to reply to response) (kp). |
| Filing 35 OBJECTIONS AND RESPONSES by American Medical Systems, Inc. to #32 Notice of Videotaped Deposition (Binis, Barbara) |
| Filing 34 NOTICE of Adoption of D.E. 6788 Filed in MDL 2325 by Maria Puldon (Haberman, Jeffrey) |
| Filing 33 RESPONSE by Maria Puldon in opposition to #30 MOTION by American Medical Systems, Inc. for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B)(Haberman, Jeffrey) |
| Filing 32 NOTICE OF VIDEOTAPED DEPOSITION by Maria Puldon of Dr. Vincent R. Lucente on November 1, 2018 at 2:00 PM EDT (Haberman, Jeffrey) |
| 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) |
| Filing 30 MOTION by American Medical Systems, Inc. for Partial Summary Judgment (Attachments: #1 Exhibits A-E, #2 Proposed Order)(Binis, Barbara) |
| Filing 29 NOTICE OF VIDEOTAPED DEPOSITION by American Medical Systems, Inc. of Bruce Rosenzweig, M.D. on October 4, 2018 at 9:00 AM (Binis, Barbara) |
| Filing 28 THIRD AMENDED NOTICE OF VIDEO DEPOSITION by Maria Puldon of Dr. Simon Weiss on 09/17/2018 at 3:00 PM EDT (Haberman, Jeffrey) |
| Filing 27 SECOND AMENDED NOTICE OF VIDEO DEPOSITION by Maria Puldon of Dr. Simon G. Weiss on 08/20/2018 at 3:30 p.m. (Haberman, Jeffrey) |
| Filing 26 NOTICE of Issuance of Subpoena to Simon Weiss, M.D. by Maria Puldon (Haberman, Jeffrey) |
| Filing 25 CERTIFICATE OF SERVICE by Maria Puldon for Amended Rule 26 Expert Disclosures. (Haberman, Jeffrey) |
| Filing 24 CERTIFICATE OF SERVICE by Maria Puldon for Rule 26 Expert Disclosures. (Haberman, Jeffrey) |
| Filing 23 CERTIFICATE OF SERVICE by Maria Puldon for Responses to Defendant's Interrogatories, Requests for Production and Requests for Admissions. (Haberman, Jeffrey) |
|
Filing 22
PRETRIAL ORDER # 255 (Amended Docket Control Order American Medical Systems Inc. Wave 3 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 249. 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 3 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; 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 2325; AMS Wave 3 Cases) (pma)
|
|
Filing 21
ORDER The #20 Order is VACATED. Signed by Judge Joseph R. Goodwin on 6/11/2018. (cc: counsel of record; any unrepresented party) (mek)
|
|
Filing 20
VACATED PURSUANT TO THE #21 ORDER ENTERED ON 6/11/2018: ORDER Directing that the parties in the cases identified on the attached Exhibit A appear for a continuation of the Mandatory Settlement Conference on 6/15/2018 at 9:00 a.m. in Charleston, West Virginia; the court expects the presence of plaintiffs, plaintiffs' counsel of record, and counsel of record for defendant American Medical Systems, Inc., at the conference. Signed by Judge Joseph R. Goodwin on 6/11/2018. (cc: attys; any unrepresented party) (REF: MDL 2325; Cases Listed on Exhibit A) (st) (Modified on 6/11/2018 to note order has been vacated) (mek).
|
| Filing 19 CERTIFICATE OF SERVICE by Maria Puldon for Rule 26 Expert Disclosures. (Haberman, Jeffrey) |
|
Filing 18
ORDER granting #17 MOTION by Maria Puldon to Change the Mediation Date re: #16 Pretrial Order # 253. Signed by Judge Joseph R. Goodwin on 5/25/2018. (cc: attys; any unrepresented party) (mek)
|
| Filing 17 MOTION by Maria Puldon to Change the Mediation Date re: #16 Pretrial Order # 253 (Haberman, Jeffrey) |
|
Filing 16
PRETRIAL ORDER #253 (Order Re: Mandatory Settlement Conference for Certain Unresolved Cases) Directing that the settlement conferences will be conducted as follows: 1. For the cases identified on Exhibit A, the court will conduct a mandatory settlement conference in those cases beginning on 6/6/2018 at 9:00 a.m. in room 5600B and continuing from day-to-day thereafter. 2. For the cases identified on Exhibit B, the court will conduct a mandatory settlement conference in those cases beginning on 6/7/2018 at 9:00 a.m. in room 5600B and continuing from day-to-day thereafter. 3. For the cases identified on Exhibit C, the court will conduct a mandatory settlement conference in those cases beginning on 6/8/2018 at 9:00 a.m. in room 5600B and continuing from day-to-day thereafter. Further directing that (1) individual plaintiffs whose cases are scheduled for a settlement conference shall appear in person for the settlement conference with counsel of record as reflected on the docket sheet for that plaintiff's case; and (2) any plaintiff who fails to comply with this PTO may be subject to a substantial sanction, including dismissal with prejudice. If the parties reach a settlement in a case listed on Exhibits A, B or C, submission of an inactive docket order for that case will relieve plaintiff and her counsel from the obligation of attending the mandatory settlement conference. Signed by Judge Joseph R. Goodwin on 5/22/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2325; Cases Listed on Exhibits A, B & C) (st)
|
| Filing 15 CERTIFICATE OF SERVICE by Maria Puldon for Interrogatories, Requests for Production and Requests for Admissions. (Haberman, Jeffrey) |
| Filing 14 SECOND AMENDED NOTICE OF VIDEO DEPOSITION by Maria Puldon of Dr. Eric A. Hurtado on 05/08/2018 at 2:30 p.m. (Haberman, Jeffrey) |
| Filing 13 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Zane Berg on behalf of Maria Puldon. (Berg, Zane) |
| Filing 12 AMENDED NOTICE TO TAKE VIDEO DEPOSITION by Maria Puldon of Dr. Eric A. Hurtado on 05/08/2018 at 2:30 p.m. (Haberman, Jeffrey) |
| Filing 11 CERTIFICATE OF SERVICE by Maria Puldon for Plaintiff Fact Sheet. (Haberman, Jeffrey) |
|
Filing 10
PRETRIAL ORDER # 251 (Order Re: Mandatory Settlement Conference for Certain Unresolved Cases) It is ORDERED that: 1. Counsel for plaintiffs, identified on the attached Exhibit A, who have alleged claims against American Medical Systems, Inc. or Astora Women's Health, LLC and whose cases have not been resolved and are not subject to an agreement in principle to resolve, are directed to meet and confer with Reisman Karron Greene LLP, settlement counsel for AMS, on or before 5/14/2018 and to engage in good faith discussions about the possibility of settlement. Counsel may also contact Bryan Aylstock, Henry Garrard, or Fred Thompson, coordinating co-lead counsel for plaintiffs, regarding coordination of settlement discussions with AMS. 2. Counsel Reisman, Aylstock, Garrard, and Thompson are directed to provide a joint written report to the court via email on 5/18/2018 identifying which cases remaining on Exhibit A, if any, have not been resolved or dismissed. 3. In all cases that have not been resolved or dismissed by 5/18/2018, the court will conduct settlement conferences in Charleston, West Virginia at the Robert C. Byrd United States Courthouse, Room 7009 beginning at 9:00 a.m. on 6/4/2018, and continuing from day-to-day thereafter. Parties should come prepared for evening work. 4. The court will enter an order on 5/22/2018 identifying the cases wherein a settlement conference will be conducted. 5. Individual plaintiffs whose cases are scheduled for a settlement conference shall appear in person for the settlement conference with counsel. 6. Any plaintiff who fails to comply with this PTO may be subject to a substantial sanction, including dismissal with prejudice. 7. Cases not settled during the settlement conference will be dealt with by further order. Signed by Judge Joseph R. Goodwin on 3/19/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2325; Cases Listed on Exhibit A) (st)
|
| Filing 9 NOTICE OF VIDEO DEPOSITION by Maria Puldon of Dr. Eric A. Hurtado on 04/30/2018 at 9:00 a.m. (Haberman, Jeffrey) |
| Filing 8 NOTICE OF VIDEO DEPOSITION by Maria Puldon of Dr. Simon G. Weiss on 05/02/2018 at 9:00 a.m. (Haberman, Jeffrey) |
|
Filing 7
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) (kab)
|
| Filing 6 PLAINTIFF PROFILE FORM filed by Maria Puldon. (Attachments: #1 Exhibit(s) 1)(Haberman, Jeffrey) |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael J. Farrell on behalf of American Medical Systems, Inc.. (Farrell, Michael) |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Erik W. Legg on behalf of American Medical Systems, Inc.. (Legg, Erik) |
| Filing 3 TRANSMITTED PRETRIAL ORDER # 229 (Motions by Non-Party AkinMears to Quash and for Protective Order) entered on 12/05/2016 in MDL 2325 to attorneys in member case. (jk) |
| Filing 2 ELECTRONIC SUMMONS ISSUED as to American Medical Systems, Inc., 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). (cwm) |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-5185427. (Attachment: #1 Civil Cover Sheet) (cwm) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
