Boyer et al v. Boston Scientific Corp
| David Milton and Lorrie Boyer |
| C R Bard Inc, Tissue Science Laboratories Ltd and Boston Scientific Corp |
| 3:2020cv01152 |
| September 4, 2020 |
| US District Court for the Western District of Louisiana |
| Terry A Doughty |
| Karen L Hayes |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 15, 2020. A more recent docket listing may be available from PACER.
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| Filing 29 JUDGMENT granting #28 Unopposed Motion to Dismiss. Plaintiffs' claims against Boston Scientific Corp are dismissed without prejudice, all parties to bear their own costs. Signed by Judge Terry A Doughty on 9/15/2020. (crt,Crawford, A) |
| Set/Reset Deadlines as to #28 Unopposed MOTION to Dismiss Boston Scientific Corporation. Motion Ripe Deadline set for 9/14/2020. (crt,Dunford, T) |
| Filing 28 Unopposed MOTION to Dismiss Boston Scientific Corporation by Boston Scientific Corp. Motions referred to Karen L Hayes. (Attachments: #1 Proposed order)(aty,Rotolo, Peter) Modified to correct event type on 9/14/2020 (Thomas, T). |
| Filing 27 NOTICE of Corporate Disclosure Statement Requirement sent to Peter J Rotolo, III on behalf of Boston Scientific Corp. Corporate Disclosure Statement due by 9/28/2020. (crt,Dauterive, C) |
| Motions Transferred regarding #28 Unopposed MOTION to Dismiss Boston Scientific Corporation. Motions referred to Judge Terry A Doughty. (crt,Thomas, T) |
Filing 26
ORDER granting #25 Motion to Substitute Attorney Peter J. Rotolo, III and Amy L. McIntire in place of Jon A. Strongman. Added attorney Amy Lee McIntire for Boston Scientific Corp. Attorney Jon A Strongman terminated. Signed by Magistrate Judge Karen L Hayes on 9/11/2020. (crt,Dauterive, C)
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| Filing 25 Ex Parte MOTION to Substitute Attorney Peter J. Rotolo, III and Amy L. McIntire in place of Jon A. Strongman with consent by Boston Scientific Corp. Motions referred to Karen L Hayes. Motion Ripe Deadline set for 9/10/2020. (Attachments: #1 Proposed order)(Attorney Peter J Rotolo, III added to party Boston Scientific Corp(pty:dft))(aty,Rotolo, Peter) |
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Filing 24
TRANSFER ORDER regarding admission status of counsel. Signed by Magistrate Judge Karen L Hayes on 9/9/2020. (crt,Leday, A)
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| Filing 23 PROPOSED TRANSFER ORDER Referred to Magistrate Judge Karen L Hayes. Motion Ripe Deadline set for 9/8/2020. (crt,Dauterive, C) |
| CASE Assigned to Judge Terry A Doughty and Magistrate Judge Karen L Hayes. (crt,Dauterive, C) |
| Filing 22 DISTRICT CASE transferred in from District of West Virginia Southern; Case Number 2:14-cv-06046. Original file copy of transfer order and docket sheet received |
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Filing 21
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 09/04/2020 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 09/03/2020 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 8/21/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (maw) [Transferred from West Virginia Southern on 9/4/2020.]
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Filing 20
PRETRIAL ORDER # 187 (Amended Docket Control Order Boston Scientific Corp. Wave 4 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 175. 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 4 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 2326; BSC Wave 4 Cases) (brn) [Transferred from West Virginia Southern on 9/4/2020.]
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Filing 19
PRETRIAL ORDER # 175 (Docket Control Order - Boston Scientific Corp. Wave 4 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING BOSTON SCIENTIFIC CORPORATION 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 4 cases") becomes subject to the deadlines in this Docket Control Order. The following deadlines apply in all Wave 4 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 4 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 2326; BSC Wave 4 Cases Listed on Exhibit A) (brn) [Transferred from West Virginia Southern on 9/4/2020.]
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Filing 18
ORDER (Dismissing Defendant C. R. Bard, Inc. and Covidien Entities with Prejudice and Transferring Cases to MDL 2326) directing that (1) the Joint Motion to Dismiss Bard with Prejudice and the plaintiffs' Motion to Transfer MDLs filed in MDL 2187 are GRANTED; (2) Defendants Bard and the Covidien entities, to the extent they are named, are DISMISSED WITH PREJUDICE as defendants in the actions listed in Exhibits A through E; (3) these actions are TRANSFERRED to MDL 2326; (4) any case listed in A through E that resided in Bard Wave 7 is now subject to PTO Nos. 175 and 187 entered in MDL 2326; and (5) plaintiffs' counsel is DIRECTED to file the appropriate Amended Short Form Complaint within the time stated in the Motion. The Clerk is DIRECTED to (1) disassociate each civil action listed in Exhibits A through E as a member case in MDL 2187 and re-associate it with MDL 2326; (2) for any case listed in Exhibits A through E that had a Bard Wave 7 flag prior to the entry of this Order, file MDL 2326, PTO Nos. 175 and 187 in the individual case; and (3) for any case listed in Exhibits A through E that had a Bard Wave 7 flag prior to the entry of this Order, change the 2187 Wave 7 flag to a MDL 2326 Wave 4 flag. Signed by Judge Joseph R. Goodwin on 8/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2187; Cases Listed on Exhibits A-E) (mms) [Transferred from West Virginia Southern on 9/4/2020.]
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Filing 17
PRETRIAL ORDER # 283 (Amended Docket Control Order C. R. Bard Wave 7 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 275. 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 7 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 2187; Active Bard Wave 7 Cases) (brn) [Transferred from West Virginia Southern on 9/4/2020.]
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| Filing 16 STIPULATION OF SETTLEMENT BETWEEN CERTAIN PARTIES (Relief from deadlines set forth in PTO #275) by Tissue Science Laboratories Limited, David Milton, Lorrie Boyer (Hobbs, Micah) (Modified on 6/13/2018 to add party filers) (kp). [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 15 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael A. Tanenbaum on behalf of Boston Scientific Corporation. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 14 NOTICE OF VOLUNTARY DISMISSAL Without Prejudice as to C. R. Bard, Inc. Only by Lorrie Boyer, David Milton (Potts, Derek) [Transferred from West Virginia Southern on 9/4/2020.] |
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Filing 13
PRETRIAL ORDER # 275 (Docket Control Order - C. R. Bard Wave 7 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING C. R. BARD, 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 7 cases") becomes subject to the deadlines in this Docket Control Order. The stay on the Covidien Wave 1 cases is lifted and the Covidien Wave 1 cases are incorporated in the C. R. Bard Wave 7 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 7 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 7 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 2187; Bard Wave 7 Cases Listed on Exhibit A) (kab) [Transferred from West Virginia Southern on 9/4/2020.]
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Filing 12
ORDER on Motions filed in MDL 2187: granting MOTION by Derek H. Potts and The Potts Law Firm, LLP for Change of Address in this MDL and in each individual member case in which The Potts Law Firm, LLP is associated; granting MOTION by Patricia L. Campbell to Withdraw as Counsel of Record on behalf of Certain Plaintiffs; and granting MOTION by Brandon L. Corl to Withdraw as Counsel of Record on behalf of Certain Plaintiffs. The Clerk is DIRECTED to update the firm address both on the main master docket and for each individual member case in MDL 2187 with which Derek H. Potts is associated. The Clerk is further DIRECTED to terminate Patricia L. Campbell and Brandon L. Corl both on the main master docket and in each individual member case in MDL 2187 with which they appear. Signed by Judge Joseph R. Goodwin on 09/06/2017. (cc: attys; any unrepresented party) (PMA) [Transferred from West Virginia Southern on 9/4/2020.]
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| Filing 11 PLAINTIFF PROFILE FORM filed by Lorrie Boyer, David Milton. (Potts, Derek) [Transferred from West Virginia Southern on 9/4/2020.] |
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Filing 10
ORDER regarding the MOTION filed in MDL 2187 by The Potts Law Firm, LLP, Derek H. Potts, William H. Barfield, Timothy L. Sifers, Patricia L. Campbell, Brandon L. Corl and Michael K. Whitman For Change of Attorney Information in MDL No. 2187 and in each individual member case in which they are associated, as set forth more fully herein. Signed by Judge Joseph R. Goodwin on 4/1/2015. (cc: attys; any unrepresented party) (mmw) [Transferred from West Virginia Southern on 9/4/2020.]
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| Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Deborah A. Moeller on behalf of Tissue Science Laboratories Limited. (Moeller, Deborah) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 8 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Melissa Foster Bird on behalf of C. R. Bard, Inc.. (Bird, Melissa) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 7 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon A. Strongman on 4/14/2014. Boston Scientific Corporation waiver mailed on 8/16/2013, answer due 10/15/2013. (Strongman, Jon) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jon A. Strongman on behalf of Boston Scientific Corporation. (Strongman, Jon) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Richard B. North, Jr on behalf of C. R. Bard, Inc.. (North, Richard) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 4 WAIVER OF SERVICE EXECUTED. Waiver signed by Richard B. North, Jr. on 2/25/14. C. R. Bard, Inc. waiver mailed on 2/21/2014, answer due 4/22/2014. (North, Richard) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 3 TRANSMITTED PRETRIAL ORDER # 107 (Emergency Motion for Protective Order) entered on 01/30/2014 in MDL 2187 to attorneys in member case. (cbo) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 2 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Bonasso on behalf of Boston Scientific Corporation. (Bonasso, Michael) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2956721. (Attachments: #1 Civil Cover Sheet, #2 Notice of Service Under Delayed Filing Agreement) (tlg) [Transferred from West Virginia Southern on 9/4/2020.] |
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