Oliver et al v. Boston Scientific Corporation
| Sherry Oliver and Charles Oliver |
| Boston Scientific Corporation, Johnson & Johnson, Ethicon, LLC and Ethicon, Inc. |
| 3:2020cv00177 |
| March 9, 2020 |
| US District Court for the Western District of Kentucky |
| Justin R Walker |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 30 ATTORNEY NOTICE of Deficiency issued to Attorney Michael Bonasso re #23 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 3/23/2020. (JM) |
| Filing 29 ATTORNEY NOTICE of Deficiency issued to Attorney Kirk J. Goza re #23 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 3/23/2020. (JM) |
| Filing 28 ATTORNEY NOTICE of Deficiency issued to Attorney Jon A. Strongman re #23 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 3/23/2020. (JM) |
| Filing 27 ATTORNEY NOTICE of Deficiency issued to Attorney James H. Keale re #23 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 3/23/2020. (JM) |
| Filing 26 ATTORNEY NOTICE of Deficiency issued to Attorney Bradley D. Honnold re #23 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 3/23/2020. (JM) |
| Filing 25 ATTORNEY NOTICE of Deficiency issued to Attorney Anne Marie Marchael re #23 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 3/23/2020. (JM) |
| Filing 24 Case Assignment (Random Selection): Case Assigned to Judge Justin R. Walker. (JM) |
| Filing 23 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-22831. Original file certified copy of transfer order and docket sheet received. (JM) |
Filing 22
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 03/06/2020 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 03/05/2020 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 02/21/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (mms) [Transferred from wvsd on 3/9/2020.]
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Filing 21
ORDER denying as moot #11 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Dismiss With Prejudice due to civil action being compromised and settled. Signed by Judge Joseph R. Goodwin on 2/13/2020. (cc: attys; any unrepresented party) (st) [Transferred from wvsd on 3/9/2020.]
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Filing 20
ORDER The cases on Exhibit A have Boston Scientific Corporation as a remaining defendant; the court directs that the cases on Exhibit A be transferred to In re: Boston Scientific Corp., 2:12-md-2326; the Clerk is directed to disassociate the civil actions on Exhibit A as member cases in MDL 2327 and re-associate them with MDL 2326. Signed by Judge Joseph R. Goodwin on 12/6/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; each individual case listed in the Exhibit) (kew) [Transferred from wvsd on 3/9/2020.]
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Filing 19
ORDER (Dismissing the "Ethicon Defendants" with Prejudice) granting the Motions to Dismiss with Prejudice filed in the member cases pursuant to Pretrial Order # 302 and/or # 329; the Clerk is directed to dismiss the Ethicon defendants from the individual civil action(s) with prejudice; and if no other defendants remain in an individual action, then (a) strike the action from the docket, and (b) close the case. Signed by Judge Joseph R. Goodwin on 5/20/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit(s)) (kab) [Transferred from wvsd on 3/9/2020.]
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Filing 18
ORDER (Dismissing the "Ethicon Defendants" with Prejudice) granting the Motions to Dismiss with Prejudice filed in the member cases pursuant to Pretrial Order # 302 and/or # 329; the Clerk is directed to dismiss the Ethicon defendants from the individual civil action(s) with prejudice; and if no other defendants remain in an individual action, then (a) strike the action from the docket, and (b) close the case. Signed by Judge Joseph R. Goodwin on 5/10/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (mek) [Transferred from wvsd on 3/9/2020.]
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| Filing 17 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Attachments: #1 Exh 1-List of Cases, #2 Exh 2- Letter)(Gage, William) [Transferred from wvsd on 3/9/2020.] |
| Filing 16 RESPONSE TO ORDER TO SHOW CAUSE by Charles Oliver, Sherry Oliver (Tarvin, Anne) [Transferred from wvsd on 3/9/2020.] |
| Filing 15 RESPONSE TO ORDER TO SHOW CAUSE by Boston Scientific Corporation (Strongman, Jon) [Transferred from wvsd on 3/9/2020.] |
| Filing 14 NOTICE OF ATTORNEY APPEARANCE by Jon A. Strongman on behalf of Boston Scientific Corporation. (Strongman, Jon) [Transferred from wvsd on 3/9/2020.] |
| Filing 13 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Dismiss With Prejudice due to civil action being compromised and settled. (Gage, William) [Transferred from wvsd on 3/9/2020.] |
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Filing 12
SHOW CAUSE ORDER directing that plaintiffs' leadership and counsel for ALL defendants named in cases on Exhibit 1 are directed to show cause in writing why they should not be sanctioned for failing to comply with the Order entered in MDL 2327 at ECF #7710 by Wednesday 4/24/2019; any filing must be made in the individual cases on Exhibit 1; the court will schedule a hearing at a later date. Signed by Judge Joseph R. Goodwin on 4/10/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit 1) (mwk) (ADI) [Transferred from wvsd on 3/9/2020.]
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| Filing 11 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Dismiss With Prejudice due to civil action being compromised and settled. (Gage, William) [Transferred from wvsd on 3/9/2020.] |
| Filing 10 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Gage, William) [Transferred from wvsd on 3/9/2020.] |
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Filing 9
ORDER The court ORDERS that by 4/8/2019 plaintiffs' leadership and counsel for ALL defendants with cases identified on Exhibit A attached hereto are directed to go to the court's website at https://www.wvsd.uscourts.gov/MDL/ethicon/forms.html, complete and jointly submit one copy of the Transfer/Remand Information Spreadsheet in Excel format as found on the court's website to the court at WVSDml_MDL_Transfers@wvsd.uscourts.gov; the parties shall use the Transfer/Remand Information Spreadsheet on the court's website, as it is already partially completed; if the court's docket sheet for any case on Exhibit A indicates that the case has closed prior to or after the entry of this order, the parties are directed to so indicate on the Transfer/Remand Information Spreadsheet and need not complete the requested information on the Spreadsheet; the court cautions that many of these cases name other MDL defendants in addition to the Ethicon defendants; the court expects any necessary coordination from all defendants remaining in the cases on Exhibit A. Signed by Judge Joseph R. Goodwin on 3/26/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (mwk) (ADI) [Transferred from wvsd on 3/9/2020.]
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Filing 8
PRETRIAL ORDER # 303 (Amended Docket Control Order - Ethicon, Inc. Wave 8 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 280. 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 8 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 2327; Ethicon Wave 8 Cases) (kp) (ADI) [Transferred from wvsd on 3/9/2020.]
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| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by James H. Keale on behalf of Boston Scientific Corporation. (Keale, James) [Transferred from wvsd on 3/9/2020.] |
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Filing 6
PRETRIAL ORDER # 280 (Docket Control Order - Ethicon, Inc. Wave 8 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING ETHICON, 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 8 cases") becomes subject to the deadlines in this Docket Control Order. For any cases in the Ethicon, Inc. MDL with a Covidien Wave 1 flag, the stay on the flagged Covidien Wave 1 cases is lifted and the Covidien Wave 1 cases in the Ethicon MDL are incorporated in the Ethicon, Inc., Wave 8 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 8 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 8 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 2327; Ethicon Wave 8 Cases Listed on Exhibit A) (klc) (ADI) [Transferred from wvsd on 3/9/2020.]
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| Filing 5 PLAINTIFF PROFILE FORM filed by Charles Oliver, Sherry Oliver. (Tarvin, Anne) [Transferred from wvsd on 3/9/2020.] |
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Filing 4
ORDER: the MOTION for Change of Attorney Information and MOTION to Withdraw and Substitute Counsel of Record filed in MDL 2327 is GRANTED. The Clerk is instructed to update the attorney information, firm name, phone number and address in light of a merger of Bartimus Frickleton Robertson & Gorny, P.C. with Goza & Honnold, LLC into the law firm of Bartimus, Frickleton, Robertson & Goza, P.C. and to update the attorneys associated with the new firm as set forth in the Motion. Attorneys Roger Nail, Kevin Chaffee and Brett Votava are allowed to withdraw as counsel and that attorney Anne Tarvin is substitute in their place. Signed by Judge Joseph R. Goodwin on 5/14/2014. (cc: attys; any unrepresented party) (klc) [Transferred from wvsd on 3/9/2020.]
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| Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Bonasso on behalf of Boston Scientific Corporation. (Bonasso, Michael) [Transferred from wvsd on 3/9/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 66 (Agreed Order and Stipulation Regarding Hernia Mesh Documents) entered on 09/06/2013 in MDL 2327 to attorneys in member case. (Attachments: #1 Appendix 1, #2 Appendix 2, #3 Appendix 3) (cbo) [Transferred from wvsd on 3/9/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2652697. (Attachment: #1 Civil Cover Sheet) (mmw) [Transferred from wvsd on 3/9/2020.] |
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