Roeder et al v. American Medical Systems, Inc.

Justia Dockets & Filings Tenth Circuit Kansas District Court Roeder et al v. American Medical Systems, Inc.

Roeder et al v. American Medical Systems, Inc.

Plaintiff:	Clementina Roeder and Ronald P. Roeder, Jr.
Defendant:	American Medical Systems, Inc.
Case Number:	6:2020cv01051
Filed:	February 21, 2020
Court:	US District Court for the District of Kansas
Presiding Judge:	John W Broomes
Referring Judge:	Kenneth G Gale
Nature of Suit:	Personal Inj. Prod. Liability
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
March 9, 2020	Filing 57 INDEX OF EXHIBITS by Defendant American Medical Systems, Inc. re #48 Order. (Attachments: #1 Exhibit ECF 6894 - Plaintiff's Motion on Joslin Part 1 of 3, #2 Exhibit ECF 6894 - Plaintiff's Motion on Joslin Part 2 of 3, #3 Exhibit ECF 6894 - Plaintiff's Motion on Joslin Part 3 of 3, #4 Exhibit ECF 6895 - Plaintiffs Brief ISO Motion on Joslin, #5 Exhibit ECF 6933 - AMS Opposition to Plaintiff's Daubert re Joslin Part 1 of 2, #6 Exhibit ECF 6933 - AMS Opposition to Plaintiff's Daubert re Joslin Part 2 of 2, #7 Exhibit ECF 6934 - AMS Opposition to Plaintiff's Daubert re Joslin, #8 Exhibit ECF 7031 - Plaintiff's Reply to Exclude Joslin Part 1 of 3, #9 Exhibit ECF 7031 - Plaintiff's Reply to Exclude Joslin Part 2 of 3, #10 Exhibit ECF 7031 - Plaintiff's Reply to Exclude Joslin Part 3 of 3, #11 Exhibit ECF 7481 - Plaintiff's Adoption of Badylak, Becker, Kozak and Coad Motions, #12 Exhibit ECF 7414 - Plaintiff's Response on Guelcher Part 1 of 2, #13 Exhibit ECF 7414 - Plaintiff's Response on Guelcher Part 2 of 2, #14 Exhibit ECF 7405 - Plaintiff's Adoption of Daubert Response re Iakovlev)(Suroff, Adam)
March 9, 2020	Filing 56 INDEX OF EXHIBITS by Defendant American Medical Systems, Inc. re #48 Order. (Attachments: #1 Exhibit ECF 6872 - AMS Reply on Iakovlev Motion, #2 Exhibit ECF 6719 - Rosenzweig Motion and Exhibits, #3 Exhibit ECF 6720 - Rosenzweig Brief in Support, #4 Exhibit ECF 6836 - Plaintiff's Opposition Re Rosenzweig, #5 Exhibit ECF 6876 - AMS Reply ISO Daubert on Rosenzweig, #6 Exhibit ECF 6709 - Guelcher and Mays Motion and Exhibits, #7 Exhibit ECF 6710 - ISO Motion to Exclude Guelcher and Mays, #8 Exhibit ECF 6790 - Plaintiff's Opposition re Guelcher and Mays Part 1 of 2, #9 Exhibit ECF 6790 - Plaintiff's Opposition re Guelcher and Mays part 2 of 2, #10 Exhibit ECF 6868 - AMS Reply re Guelcher and Mays, #11 Exhibit ECF 6711 - AMS Omnibus Motion, #12 Exhibit ECF 6712 - AMS Omnibus Brief, #13 Exhibit ECF 6799 - Plaintiff's Opposition to Omnibus Motion)(Suroff, Adam)
March 9, 2020	Filing 55 INDEX OF EXHIBITS by Defendant American Medical Systems, Inc. re #48 Order. (Attachments: #1 Exhibit ECF 231 - Pretrial Order, #2 Exhibit ECF 288 - Pretrial Order, #3 Exhibit ECF 748 - Pretrial Order, #4 Exhibit ECF 1234 - Pretrial Order, #5 Exhibit ECF 6725 - Daubert General Wave, #6 Exhibit ECF 6726 - Daubert General Wave, #7 Exhibit ECF 6787 - Daubert General Wave, #8 Exhibit ECF 6789 - Daubert General, #9 Exhibit ECF 6712 - AMS Omnibus Brief, #10 Exhibit ECF 6704 - Motion on Iakovllev Part 1 of 2, #11 Exhibit ECF 6704 - Motion on Iakovlev Part 2 of 2, #12 Exhibit ECF 6705 - Brief ISO Iakovlev Motion, #13 Exhibit ECF 6794 - Plaintiff's Response on Iakovlev Part 1 of 6, #14 Exhibit ECF 6794 - Plaintiff's Response on Iakovlev Part 2 of 6, #15 Exhibit ECF 6794 - Plaintiff's Response on Iakovlev Part 3 of 6, #16 Exhibit ECF 6794 - Plaintiff's Response on Iakovlev Part 4 of 6, #17 Exhibit ECF 6794 - Plaintiff's Response Part 5 of 6, #18 Exhibit ECF 6794 - Plaintiff's Response on Iakovlev Part 6 of 6)(Suroff, Adam)
March 4, 2020	Filing 54 CORPORATE DISCLOSURE STATEMENT by American Medical Systems, Inc. identifying Endo International plc as corporate parent (Suroff, Adam)
March 3, 2020	Filing 53 ORDER granting #52 Motion to Appear Pro Hac Vice of Shana E. Russo for American Medical Systems, Inc. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Kenneth G. Gale on 3/3/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
March 2, 2020	Filing 52 MOTION for attorney Shana E. Russo to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5076916.) by Defendant American Medical Systems, Inc. (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 Affidavit of Shana E. Russo)(Suroff, Adam)
February 21, 2020	Filing 51 Letter to counsel of record regarding pro hac vice requirements. (sz)
February 21, 2020	Filing 50 CASE TRANSFERRED IN from District of West Virginia Southern; Case Number 2:15-cv-12910. Electronic case file and docket sheet received. (sz)
February 20, 2020	***CIVIL CASE TERMINATED and ELECTRONICALLY TRANSMITTED to the District of Kansas pursuant to the #48 Transfer Order. (kew) [Transferred from West Virginia Southern on 2/21/2020.]
February 19, 2020	Filing 49 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02325 - American Medical Systems, Inc. (Binis, Barbara) (Modified on 2/19/2020 to add party filers) (slr). [Transferred from West Virginia Southern on 2/21/2020.]
February 6, 2020	Filing 48 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) [Transferred from West Virginia Southern on 2/21/2020.]
January 24, 2020	Filing 47 ORDER directing the Clerk to replace ECF No. 40-1 (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) [Transferred from West Virginia Southern on 2/21/2020.]
January 24, 2020	Filing 46 BRIEF by American Medical Systems, Inc. in support of #40 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) [Transferred from West Virginia Southern on 2/21/2020.]
January 24, 2020	Filing 45 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) [Transferred from West Virginia Southern on 2/21/2020.]
November 19, 2018	Filing 44 OBJECTIONS AND RESPONSES by American Medical Systems, Inc. to 43 Notice of Videotaped Deposition of James E. Coad, M.D. (Binis, Barbara) [Transferred from West Virginia Southern on 2/21/2020.]
November 6, 2018	Filing 42 REPLY BRIEF by American Medical Systems, Inc. to #41 Response in Opposition. (Attachment: #1 Exhibits A-I) (originally filed in MDL 2325 at ECF No. 6877 on 11/01/2018) (brn) [Transferred from West Virginia Southern on 2/21/2020.]
November 6, 2018	Filing 41 RESPONSE by Certain Plaintiffs in opposition to #40 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) [Transferred from West Virginia Southern on 2/21/2020.]
November 6, 2018	Filing 40 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 #47 order) (kew). [Transferred from West Virginia Southern on 2/21/2020.]
October 24, 2018	Filing 39 OBJECTIONS AND RESPONSES by American Medical Systems, Inc. to 38 Notice of Videotaped Deposition of Jeff Fahy, M.D. (Binis, Barbara) [Transferred from West Virginia Southern on 2/21/2020.]
September 21, 2018	Filing 36 NOTICE of Issuance of Subpoena to Tricia Carney, APRN by American Medical Systems, Inc. (Binis, Barbara) [Transferred from West Virginia Southern on 2/21/2020.]
July 19, 2018	Filing 35 CERTIFICATE OF SERVICE by Clementina Roeder, Ronald P. Roeder, Jr. for Amended Rule 26 Expert Disclosures. (Haberman, Jeffrey) [Transferred from West Virginia Southern on 2/21/2020.]
July 13, 2018	Filing 32 CERTIFICATE OF SERVICE by Clementina Roeder, Ronald P. Roeder, Jr for Rule 26 Expert Disclosures. (Haberman, Jeffrey) [Transferred from West Virginia Southern on 2/21/2020.]
June 18, 2018	Filing 27 CERTIFICATE OF SERVICE by Clementina Roeder for Responses to Defendants Interrogatories, Requests for Production and Requests for Admissions. (Haberman, Jeffrey) [Transferred from West Virginia Southern on 2/21/2020.]
June 14, 2018	Filing 25 NOTICE of Issuance of Subpoena to Darrell Werth, M.D. by American Medical Systems, Inc. (Binis, Barbara) [Transferred from West Virginia Southern on 2/21/2020.]
June 13, 2018	Filing 26 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) [Transferred from West Virginia Southern on 2/21/2020.]
June 11, 2018	Filing 24 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) [Transferred from West Virginia Southern on 2/21/2020.]
June 4, 2018	Filing 23 CERTIFICATE OF SERVICE by Clementina Roeder, Ronald P. Roeder, Jr for Rule 26 Expert Disclosures. (Haberman, Jeffrey) [Transferred from West Virginia Southern on 2/21/2020.]
May 25, 2018	Filing 22 ORDER granting #21 MOTION by Clementina Roeder, Ronald P. Roeder, Jr. to Change the Mediation Date re: #20 Pretrial Order #253. Signed by Judge Joseph R. Goodwin on 5/25/2018. (cc: attys; any unrepresented party) (mek) [Transferred from West Virginia Southern on 2/21/2020.]
May 24, 2018	Filing 21 MOTION by Clementina Roeder, Ronald P. Roeder, Jr. to Change the Mediation Date re: #20 Pretrial Order #253 (Haberman, Jeffrey) [Transferred from West Virginia Southern on 2/21/2020.]
May 22, 2018	Filing 20 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) [Transferred from West Virginia Southern on 2/21/2020.]
May 21, 2018	Filing 19 NOTICE of Issuance of Subpoena to Darrell Werth, M.D. by American Medical Systems, Inc. (Binis, Barbara) [Transferred from West Virginia Southern on 2/21/2020.]
May 18, 2018	Filing 18 CERTIFICATE OF SERVICE by Clementina Roeder, Ronald P. Roeder, Jr. for Interrogatories, Requests for Production and Requests for Admissions. (Haberman, Jeffrey) [Transferred from West Virginia Southern on 2/21/2020.]
March 19, 2018	Filing 13 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) [Transferred from West Virginia Southern on 2/21/2020.]
January 30, 2018	Filing 9 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) [Transferred from West Virginia Southern on 2/21/2020.]
October 21, 2016	Filing 6 PRETRIAL ORDER # 223 (Order re: Production of Case-Specific Information For Certain AMS MDL Plaintiffs) It is directed as follows: A) Existing Cases pending as of October 10, 2016. This order applies to certain cases in MDL 2325 alleging claim(s) against AMS, as of 10/10/2016, and listed on Exhibit A. B) Plaintiff Fact Sheets, Authorizations and Documents. Plaintiffs identified on Exhibit A shall submit a full and complete PFS with verifications and the attached authorizations and the other documents identified herein to the individuals identified in Paragraph C by 11/21/2016, as more fully set forth herein. D) This PTO does not in any way relieve plaintiffs from their obligation to serve a Plaintiff Profile Form; and E) Any plaintiff who fails to comply with this PTO may be subject to a substantial sanction, including dismissal with prejudice. Signed by Judge Joseph R. Goodwin on 10/21/2016. (cc: Clerk of JPMDL; attys; any unrepresented party) (REF: MDL 2325; Cases Listed on Exhibit A) (kll) [Transferred from West Virginia Southern on 2/21/2020.]
September 3, 2015	Filing 3 TRANSMITTED PRETRIAL ORDER # 198 (Order re: Qualified Settlement Fund AMS, Inc. & Mueller Law, PLLC) entered on 07/23/2015 in MDL 2325 to attorneys in member case. (Attachment: #1 Exhibit A) (kp) [Transferred from West Virginia Southern on 2/21/2020.]
September 3, 2015	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). (tlg) [Transferred from West Virginia Southern on 2/21/2020.]
September 2, 2015	Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-4103750. (Attachment: #1 Civil Cover Sheet) (tlg) [Transferred from West Virginia Southern on 2/21/2020.]

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Defendant: American Medical Systems, Inc.
Represented By:	Shana E. Russo
Represented By:	Adam T. Suroff
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Plaintiff: Clementina Roeder
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Plaintiff: Ronald P. Roeder, Jr.
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