Hepburn v. Boston Scientific Corporation

Justia Dockets & Filings Ninth Circuit Idaho District Court Hepburn v. Boston Scientific Corporation

Hepburn v. Boston Scientific Corporation

Plaintiff:	Claudia Hepburn
Defendant:	Boston Scientific Corporation
Case Number:	3:2017cv00530
Filed:	December 28, 2017
Court:	US District Court for the District of Idaho
Office:	Moscow - Central Office
County:	Nez Perce - Central
Presiding Judge:	David C. Nye
Nature of Suit:	Personal Injury- Product Liability
Cause of Action:	28 U.S.C. § 1446
Jury Demanded By:	Both

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Date Filed	Document Text
January 23, 2019	Filing 24 MEMORANDUM DECISION AND ORDER. 1. Boston Scientific's Second Motion to Dismiss (Dkt. 18 ) is GRANTED, and Hepburn's fraudulent misrepresentation claim (Count V) is DISMISSED WITH PREJUDICE. 2. Any and all references to punitive damages are stricken from Hepburn's Amended Complaint (Dkt. 17 ). Signed by Judge David C. Nye. (alw)
May 17, 2018	Filing 16 MEMORANDUM DECISION AND ORDER - the Court hereby ORDERS: 1. The Motion to Dismiss (Dkt. 4 ) is GRANTED IN PART and DENIED IN PART as follows: a. The Court DISMISSES WITH PREJUDICE Counts V, VI, VII, IX, and IX. b. The Court DISMISSES WITHOUT PREJUDI CE Count VIII (fraud). The Court grants Hepburn leave to amend this claim. c. The Court DENIES the Motion as to Counts I (negligence) and II-IV (products liability); however, the Court permits Hepburn to add additional details to strengthen these cla ims and to strengthen her asserted injury. d. Hepburn shall have 21 days from the issuance of this Order to file her Amended Complaint. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

Date Filed

Document Text

January 23, 2019

Filing 24 MEMORANDUM DECISION AND ORDER. 1. Boston Scientific's Second Motion to Dismiss (Dkt. 18 ) is GRANTED, and Hepburn's fraudulent misrepresentation claim (Count V) is DISMISSED WITH PREJUDICE. 2. Any and all references to punitive damages are stricken from Hepburn's Amended Complaint (Dkt. 17 ). Signed by Judge David C. Nye. (alw)

May 17, 2018

Filing 16 MEMORANDUM DECISION AND ORDER - the Court hereby ORDERS: 1. The Motion to Dismiss (Dkt. 4 ) is GRANTED IN PART and DENIED IN PART as follows: a. The Court DISMISSES WITH PREJUDICE Counts V, VI, VII, IX, and IX. b. The Court DISMISSES WITHOUT PREJUDI CE Count VIII (fraud). The Court grants Hepburn leave to amend this claim. c. The Court DENIES the Motion as to Counts I (negligence) and II-IV (products liability); however, the Court permits Hepburn to add additional details to strengthen these cla ims and to strengthen her asserted injury. d. Hepburn shall have 21 days from the issuance of this Order to file her Amended Complaint. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

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Plaintiff: Claudia Hepburn
Represented By:	Scott David Swanson
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Defendant: Boston Scientific Corporation
Represented By:	John J Burke
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