Smith v. Boston Scientific Corporation
Plaintiff: Esperanca Smith
Defendant: Boston Scientific Corporation
Case Number: 2:2018cv14326
Filed: August 16, 2018
Court: US District Court for the Southern District of Florida
Office: Ft Pierce Office
County: St. Lucie (Office: Ft Pierce)
Presiding Judge: Jose E Martinez
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 24, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 24, 2018 Opinion or Order Filing 45 FINAL ORDER of DISMISSAL re #44 Joint Stipulation of Dismissal; Dismissing Action without prejudice; Closing Case. Signed by Judge Jose E. Martinez on 8/24/2018. See attached document for full details. (ls)
August 23, 2018 Filing 44 STIPULATION of Dismissal Without Prejudice by Boston Scientific Corporation (Guthrie, Brian)
August 16, 2018 Filing 43 CLERK'S NOTICE of Documents received from the Southern District of West Virginia (MDL-2326) (Attachments: #1 Docket Sheet Continued, #2 DE 3-1260, #3 DE 1267, #4 DE 1267-1, #5 DE 1267-2, #6 DE 1269-1274, #7 DE 1288, #8 DE 1288-1, #9 DE 1288-2, #10 DE 1289-6535) (mc)
August 16, 2018 Filing 42 Bar Letter re: Admissions sent to attorney Michael Bonasso, mailing date August 16, 2018, (pt)
August 16, 2018 Filing 41 Bar Letter re: Admissions sent to attorney Eric M. Anielak and Jon A. Strongman, mailing date August 16, 2018, (pt)
August 16, 2018 Filing 40 Bar Letter re: Admissions sent to attorney Michael A. Tanenbaum, mailing date August 16, 2018, (pt)
August 16, 2018 Filing 39 Bar Letter re: Admissions sent to attorney Buffy K. Martines, Richard N. Laminack and Thomas W. Pirtle, mailing date August 16, 2018, (pt)
August 16, 2018 Filing 38 Clerks Notice of Judge Assignment to Judge Jose E. Martinez. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard 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. (mc)
August 16, 2018 Filing 37 Case transferred in from West Virginia Southern; Case Number 2:17-cv-02531. Electronic file including transfer order and docket sheet received. .(mc).
August 1, 2018 Opinion or Order Filing 36 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 Southern 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 Southern 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 8/1/2018. (Attachment: #1 Transfer Memorandum) (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (kp)
July 27, 2018 Opinion or Order Filing 35 MEMORANDUM OPINION AND ORDER (Defendant's Motion for Summary Judgment) The #15 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 7/27/2018. (cc: counsel of record; any unrepresented party) (kp)
May 30, 2018 Opinion or Order Filing 34 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)
May 30, 2018 Opinion or Order Filing 33 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)
May 30, 2018 Opinion or Order Filing 32 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)
May 30, 2018 Opinion or Order Filing 31 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)
May 30, 2018 Opinion or Order Filing 30 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)
May 30, 2018 Opinion or Order Filing 29 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)
May 30, 2018 Opinion or Order Filing 28 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)
May 30, 2018 Opinion or Order Filing 27 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Ralph Zipper, M.D.) The Motion by Boston Scientific Corporation to Exclude the Opinions and Testimony of Ralph Zipper, M.D. filed in MDL 2326 at ECF No. 4816 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) (kab)
May 30, 2018 Opinion or Order Filing 26 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)
May 30, 2018 Opinion or Order Filing 25 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)
May 30, 2018 Opinion or Order Filing 24 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)
May 30, 2018 Opinion or Order Filing 23 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)
May 30, 2018 Opinion or Order Filing 22 MEMORANDUM OPINION AND ORDER (Daubert Motions re: Dr. Ricardo Caraballo, M.D.) The Motions by Certain Plaintiffs to Exclude Opinions and Testimony of Dr. Ricardo Caraballo in MDL 2326 at ECF Nos. 4831 and 4832 are 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) (rmc)
May 30, 2018 Opinion or Order Filing 21 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)
May 30, 2018 Opinion or Order Filing 20 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)
May 30, 2018 Opinion or Order Filing 19 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)
May 29, 2018 Opinion or Order Filing 18 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)
January 17, 2018 Opinion or Order Filing 17 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) (mks)
January 17, 2018 Filing 16 OPPOSITION by Esperanca Smith to #15 MOTION by Boston Scientific Corporation for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B)(Martines, Buffy)
January 4, 2018 Filing 15 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)(Anielak, Eric)
December 19, 2017 Filing 14 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Eric M. Anielak on behalf of Boston Scientific Corporation. (Anielak, Eric)
November 16, 2017 Filing 13 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Rule 26 Designation and Disclosure of Expert Witnesses. (Strongman, Jon)
October 18, 2017 Filing 12 CERTIFICATE OF SERVICE by Esperanca Smith for Disclosure of Retained Expert Witnesses and Dr. Zipper's Expert Report. (Martines, Buffy)
October 3, 2017 Filing 11 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Michael Dennis, MD on October 25, 2017 at 11:30 am (EDT) (Strongman, Jon)
September 7, 2017 Opinion or Order Filing 10 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) (drs)
August 29, 2017 Filing 9 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Esperanca Smith on September 21, 2017 at 12:00 pm (Strongman, Jon)
August 22, 2017 Filing 8 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael A. Tanenbaum on behalf of Boston Scientific Corporation. (Tanenbaum, Michael)
July 27, 2017 Filing 7 PLAINTIFF FACT SHEET filed by Esperanca Smith. (Martines, Buffy)
June 21, 2017 Opinion or Order Filing 6 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) (mks)
May 25, 2017 Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Bonasso on behalf of Boston Scientific Corporation. (Bonasso, Michael)
May 5, 2017 Filing 4 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon A. Strongman on 5/3/2017. Boston Scientific Corporation waiver mailed on 5/1/2017, answer due 6/30/2017. (Strongman, Jon)
May 5, 2017 Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jon A. Strongman on behalf of Boston Scientific Corporation. (Strongman, Jon)
April 27, 2017 Filing 2 TRANSMITTED PRETRIAL ORDER # 158 (First Amended Order re: Production of Case-Specific Information for BSC MDL Plaintiffs) entered on 03/16/2017 in MDL 2326 to attorneys in member case. (hkl)
April 26, 2017 Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-5546681. (Attachment: #1 Civil Cover Sheet) (mh)

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Defendant: Boston Scientific Corporation
Represented By: Michael A. Tanenbaum
Represented By: Michael Bonasso
Represented By: Jon A. Strongman
Represented By: Eric Anielak
Represented By: Brian Guthrie
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Plaintiff: Esperanca Smith
Represented By: Thomas W. Pirtle
Represented By: Richard N. Laminack
Represented By: Buffy K. Martines
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