Herbert et al v. Boston Scientific Corp
| Stephanie E Herbert and Ryan O Herbert |
| Boston Scientific Corp |
| 5:2020cv01153 |
| September 4, 2020 |
| US District Court for the Western District of Louisiana |
| Mark L Hornsby |
| Donald E Walter |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 16, 2021. A more recent docket listing may be available from PACER.
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| Filing 86 FILED IN ERROR - NOTICE by Boston Scientific Corp re #84 Memorandum Order, Notice of Initial Disclosures (aty,McIntire, Amy) Modified on 10/16/2020 to indicate filed in error (Jones, P). |
| Filing 85 CORPORATE DISCLOSURE STATEMENT by Boston Scientific Corp. (aty,McIntire, Amy) |
| NOTICE of Corrective Action to Amy Lee McIntire on behalf of Boston Scientific Corp regarding #86 Notice (Other). Action taken: Counsel is reminded of Local Rule 26.5, FRCP5(d), and Standing Order 1.15; local and federal rules do not allow routine filing of discovery, including disclsures and subpoenas under Rule 26. No further action on part of counsel is required. (crt,Jones, P) |
Filing 84
MEMORANDUM ORDER: All requirements of Federal Rules of Civil Procedure 26(f) are hereby waived in this case, including the conference of the parties and the report to the Court. The parties are directed to serve their initial disclosures within 30 days and promptly begin any necessary discovery and motion practice. A scheduling order will be issued by the Court setting the matter for trial in due course. Signed by Judge Donald E Walter on 9/18/2020. (crt,Bray, K)
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Filing 83
ORDER granting #81 Motion to Appear Pro Hac Vice for appearance of Elisha C Biel for Boston Scientific Corp. Signed by Magistrate Judge Mark L Hornsby on 9/16/2020. (crt,Dauterive, C)
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| Filing 82 RESPONSE Corrected Designation of Records to be Included Upon Remand by Boston Scientific Corp re #78 Transfer Order . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31-A, #32 Exhibit 31-B, #33 Exhibit 31-C, #34 Exhibit 31-D, #35 Exhibit 31-E, #36 Exhibit 31-F, #37 Exhibit 31, #38 Exhibit 32, #39 Exhibit 33, #40 Exhibit 34, #41 Exhibit 35, #42 Exhibit 36, #43 Exhibit 37-A, #44 Exhibit 37-B, #45 Exhibit 37-C, #46 Exhibit 37-D, #47 Exhibit 37, #48 Exhibit 38, #49 Exhibit 39, #50 Exhibit 39-A, #51 Exhibit 39-B, #52 Exhibit 39-C, #53 Exhibit 39-D, #54 Exhibit 39-E, #55 Exhibit 40, #56 Exhibit 41, #57 Exhibit 42, #58 Exhibit 43, #59 Exhibit 44-1, #60 Exhibit 44-2, #61 Exhibit 44-3, #62 Exhibit 44-4, #63 Exhibit 44-5, #64 Exhibit 44, #65 Exhibit 45, #66 Exhibit 46, #67 Exhibit 47, #68 Exhibit 48, #69 Exhibit 49, #70 Exhibit 50, #71 Exhibit 51, #72 Exhibit 52, #73 Exhibit 53, #74 Exhibit 54, #75 Exhibit 55, #76 Exhibit 56, #77 Exhibit 57-A, #78 Exhibit 57-B, #79 Exhibit 57-C, #80 Exhibit 57-D, #81 Exhibit 57, #82 Exhibit 58, #83 Exhibit 59, #84 Exhibit 60, #85 Exhibit 61, #86 Exhibit 62, #87 Exhibit 62-A, #88 Exhibit 62-B, #89 Exhibit 63, #90 Exhibit 64, #91 Exhibit 65, #92 Exhibit 66, #93 Exhibit 67, #94 Exhibit 68, #95 Exhibit 69, #96 Exhibit 70, #97 Exhibit 71, #98 Exhibit 72, #99 Exhibit 73, #100 Exhibit 74, #101 Exhibit 75, #102 Exhibit 76, #103 Exhibit 77, #104 Exhibit 77-A1, #105 Exhibit 77-A2, #106 Exhibit 77-B1, #107 Exhibit 77-B2, #108 Exhibit 77-C, #109 Exhibit 78, #110 Exhibit 79, #111 Exhibit 80, #112 Exhibit 81, #113 Exhibit 82, #114 Exhibit 83, #115 Exhibit 84, #116 Exhibit 85, #117 Exhibit 86-A1, #118 Exhibit 87-A1, #119 Exhibit 87-A2, #120 Exhibit 87-B, #121 Exhibit 87-D, #122 Exhibit 87-E, #123 Exhibit 87, #124 Exhibit 88, #125 Exhibit 89, #126 Exhibit 90, #127 Exhibit 90-A, #128 Exhibit 90-B, #129 Exhibit 90-C, #130 Exhibit 90-D, #131 Exhibit 90-E, #132 Exhibit 90-F, #133 Exhibit 90-G, #134 Exhibit 90-H, #135 Exhibit 90-I, #136 Exhibit 90-J, #137 Exhibit 91, #138 Exhibit 92, #139 Exhibit 93, #140 Exhibit 94, #141 Exhibit 95, #142 Exhibit 96, #143 Exhibit 97-1, #144 Exhibit 97-2, #145 Exhibit 97-3, #146 Exhibit 97-4, #147 Exhibit 97-5, #148 Exhibit 97-6, #149 Exhibit 97-7, #150 Exhibit 97-8, #151 Exhibit 97-9, #152 Exhibit 97-10, #153 Exhibit 97, #154 Exhibit 98, #155 Exhibit 99, #156 Exhibit 100, #157 Exhibit 101, #158 Exhibit 102, #159 Exhibit 103, #160 Exhibit 104, #161 Exhibit 105, #162 Exhibit 106, #163 Exhibit 107, #164 Exhibit 108, #165 Exhibit 108-A, #166 Exhibit 108-B, #167 Exhibit 109, #168 Exhibit 110, #169 Exhibit 111, #170 Exhibit 112, #171 Exhibit 112-A, #172 Exhibit 112-B1, #173 Exhibit 112-B2, #174 Exhibit 112-B3, #175 Exhibit 112-B4, #176 Exhibit 112-C, #177 Exhibit 112-D, #178 Exhibit 113, #179 Exhibit 114, #180 Exhibit 115, #181 Exhibit 116, #182 Exhibit 117, #183 Exhibit 118, #184 Exhibit 119, #185 Exhibit 120, #186 Exhibit 121, #187 Exhibit 122, #188 Exhibit 123, #189 Exhibit 124, #190 Exhibit 125, #191 Exhibit 126, #192 Exhibit 127, #193 Exhibit 128, #194 Exhibit 129, #195 Exhibit 130, #196 Exhibit 131, #197 Exhibit 132, #198 Exhibit 133, #199 Exhibit 134, #200 Exhibit 135, #201 Exhibit 136, #202 Exhibit 136-A, #203 Exhibit 136-B, #204 Exhibit 137, #205 Exhibit 133-A-D)(aty,Rotolo, Peter) Modified on 9/23/2020 to edit text (Dauterive, C). |
| Filing 81 MOTION for Elisha C. Biel to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4386520) by Boston Scientific Corp. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 9/14/2020. (Attachments: #1 Proposed order, #2 Certificate of good standing)(aty,Rotolo, Peter) |
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Filing 80
ORDER granting #79 Motion to Substitute Attorney. Added attorney Peter J Rotolo, III, Amy Lee McIntire for Boston Scientific Corp. Attorney Sarah Katherine Casey terminated. Signed by Magistrate Judge Mark L Hornsby on 9/11/2020. (crt,Keller, J)
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| Filing 79 Ex Parte MOTION to Substitute Attorney Peter J. Rotolo, III and Amy L. McIntire in place of Sarah Katherine Casey with consent by Boston Scientific Corp. Motions referred to Mark L Hornsby. 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 78
TRANSFER ORDER regarding admission status of counsel. Signed by Magistrate Judge Mark L Hornsby on 9/9/2020. (crt,Dauterive, C)
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| Filing 77 PROPOSED TRANSFER ORDER Referred to Magistrate Judge Mark L Hornsby. Motion Ripe Deadline set for 9/8/2020. (crt,Dauterive, C) |
| CASE Assigned to Judge Donald E Walter and Magistrate Judge Mark L Hornsby. (crt,Dauterive, C) |
| Filing 76 DISTRICT CASE transferred in from District of West Virginia Southern; Case Number 2:17-cv-01109. Original file copy of transfer order and docket sheet received |
| Filing 75 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02326 - Boston Scientific Corporation. (Strongman, Jon) [Transferred from West Virginia Southern on 9/4/2020.] |
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Filing 74
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 73
ORDER denying #70 MOTION by Boston Scientific Corporation for Summary Judgment and Memorandum in Support; denying #71 MOTION by Boston Scientific Corporation for Summary Judgment and Memorandum in Support; denying as moot #19 MOTION/REQUEST by Ryan O. Herbert, Stephanie E. Herbert to Proceed Without Counsel; denying as moot #20 MOTION/REQUEST by Stephanie E. Herbert to Proceed Without Counsel; denying as moot #24 MOTION/REQUEST by Ryan O. Herbert, Stephanie E. Herbert to Proceed Without Counsel. Signed by Judge Joseph R. Goodwin on 8/21/2020. (cc: attys; any unrepresented party) (maw) [Transferred from West Virginia Southern on 9/4/2020.]
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| Filing 72 EVIDENCE A-L by Ryan O. Herbert, Stephanie E. Herbert. (Attachments: #1 Evidence A-J, #2 Evidence K-L, #3 Envelope) (ts) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 71 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)(Anielak, Eric) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 70 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) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 69 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Stephanie Herbert on May 13, 2019 at 10:00 am. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 68 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Stephanie Herbert on May 13, 2019 at 1:00 pm. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/4/2020.] |
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Filing 67
ORDER granting #65 MOTION by Boston Scientific Corporation to Compel Attendance at Deposition by 4/29/2019, or, in the Alternative, Allow the Deposition to Proceed After the Close of Discovery; Plaintiff Stephanie Herbert is ORDERED to make herself available for deposition no later than 06/03/2019; if Plaintiff Stephanie Herbert is unable to sit for a deposition on or before 06/03/2019 due to continued health problems, the parties shall promptly notify the undersigned United States Magistrate Judge and a hearing will be scheduled. Signed by Magistrate Judge Cheryl A. Eifert on 4/30/2019. (cc: plaintiffs; counsel of record) (kew) [Transferred from West Virginia Southern on 9/4/2020.]
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| Filing 66 LETTER to Judge Goodwin, from Plaintiff Ryan Herbert, undated, re: Notice of Deposition scheduled 4/29/2019. (mek) [Transferred from West Virginia Southern on 9/4/2020.] |
| MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: #65 MOTION by Boston Scientific Corporation to Compel Attendance at Deposition by 4/29/2019, or, in the Alternative, Allow the Deposition to Proceed After the Close of Discovery. (kew) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 65 MOTION by Boston Scientific Corporation to Compel Attendance at Deposition by 4/29/2019, or, in the Alternative, Allow the Deposition to Proceed After the Close of Discovery (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 64 NOTICE OF DEPOSITION by Boston Scientific Corporation of Friends and Family on TBD at TBD (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 63 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Ryan Herbert on April 29, 2019 at 1:00 pm. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 62 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Stephanie Herbert on April 29, 2019 at 10:00 am. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 61 NOTICE OF DEPOSITION by Boston Scientific Corporation of Lisa Crow Sparks on TBD at TBD (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 60 NOTICE OF DEPOSITION by Boston Scientific Corporation of John Crow on TBD at TBD (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 59 NOTICE OF DEPOSITION by Boston Scientific Corporation of Ryan Herbert on TBD at TBD (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 58 RESPONSE by Ryan O. Herbert, Stephanie E. Herbert in opposition to #56 Notice of Deposition of Stephanie Herbert, #57 Notice of Deposition of Ryan Herbert. (Attachments: #1 Medical Record, #2 Envelope) (ts) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 57 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Ryan Herbert on April 10, 2019 at 1:00 pm. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 56 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Stephanie Herbert on April 10, 2019 at 10:00 am. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 55 CERTIFICATE OF SERVICE by Ryan O. Herbert, Stephanie E. Herbert for Responses to Interrogatories and Request for Production by Boston Scientific Corporation. (ts) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 54 SETTLEMENT OFFER to Boston Scientific by Ryan O. Herbert, Stephanie E. Herbert (Attachment: #1 Envelope) (ts) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 53 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Interrogatories and Request for Production. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 52 ADDITIONAL DOCUMENTATION by Ryan O. Herbert, Stephanie E. Herbert. (Attachment: #1 Envelope) (kp) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 51 LETTER to USDC Clerk, from Diana Herbert dated 11/30/2018, re: civil action. (Attachment: #1 Envelope) (kp) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 50 REBUTTAL TO MOTION TO DISMISS by Ryan O. Herbert, Stephanie E. Herbert. (Attachment: #1 Envelope) (kp) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 49 LETTER to USDC Clerk from John E. Crow dated 12/6/2018 re: civil action. (Attachment: #1 Envelope) (kp) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 48 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Dr. John Miklos on January 24, 2019 at 10:00 a.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 47 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Dr. Kevin Cline on January 23, 2019 at 2:00 p.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 46 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Plaintiff Fact Sheet Deficiency Letter. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 44 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.] |
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Filing 45
PRETRIAL ORDER # 196 (Docket Control Order - Boston Scientific Corp. Wave 5 Cases) The cases on Exhibits A are: 1.) removed from the pending inactive docket; and 2.) placed on the active docket. As to the cases on Exhibits A and B: 1.) The cases are no longer eligible for return to the inactive docket nor may notices of settlement be filed to relieve the parties from scheduling deadlines; 2.) To the extent other defendants, in addition to Boston Scientific Corporation, are named in the cases on Exhibits A and B, the deadlines below also apply to them; 3.) The Clerk will file this Docket Control Order in the main MDL and, as of the time of that filing in the main MDL, every case listed on Exhibits A and B becomes subject to the deadlines in this Docket Control Order; and 4.) The following deadlines immediately apply in all Wave 5 cases with one important exception. If any of the cases on any exhibit were previously on a docket control order and dispositive and Daubert deadlines had passed before such cases became inactive, the parties may not file or refile dispositive or Daubert motions without first seeking leave of court for good cause shown. A. SCHEDULING DEADLINES. The following deadlines shall apply in all BSC Wave 5 cases: Plaintiff Fact Sheets due 11/15/2018; Defendant Fact Sheets due 11/22/2018; Deadline for written discovery requests due 12/21/2018; Expert disclosures served by plaintiffs due 02/22/2019; Expert disclosure served by defendants due 03/22/2019; Expert disclosure served for rebuttal due 03/29/2019; Deposition deadline and close of discovery due 04/29/2019; Filing of dispositive motions due 05/13/2019; Response to dispositive motions due 05/27/2019; Reply to response to dispositive motions due 06/03/2019; Filing of Daubert motions due 05/13/2019; Responses to Daubert motions due 05/27/2019; Reply to response to Daubert motions due 06/03/2019. B. MOTION PRACTICE. 3.) Confidential Documents. Any consolidated motion to seal is due on or before 03/25/2019, and any response is due by 04/09/2019. Any reply is due by 04/15/2019. The court expects full compliance with Local Civil Rule 26.4(c). C. CASES READY FOR TRANSFER, REMAND OR TRIAL 1.) Venue Recommendations. By no later than 04/06/2019, 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 04/13/2019. Signed by Judge Joseph R. Goodwin on 10/31/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2326; BSC Wave 5 cases identified on Exhibits A and B) (ts) (ADI) [Transferred from West Virginia Southern on 9/4/2020.]
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Filing 43
ORDER re: #41 MOTION by Boston Scientific Corporation to Remove Case From Wave 3 and Set a Case Specific Scheduling Order; to the extent the Motion requests that this case be removed from Wave 3, the Motion is GRANTED; the Motion is DENIED in all other respects; this case is removed from Boston Scientific Wave 3, and #9 Pretrial Order # 171 and #22 Pretrial Order # 174 are VACATED in this individual case only; the Clerk is DIRECTED to remove the 2326 Wave 3 flag on the docket sheet. Signed by Judge Joseph R. Goodwin on 8/16/2018. (cc: counsel of record; any unrepresented party) (mek) [Transferred from West Virginia Southern on 9/4/2020.]
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| Filing 42 EXHIBITS by Boston Scientific Corporation in support of #41 MOTION AND MEMORANDUM IN SUPPORT by Boston Scientific Corporation to Remove Case From Wave 3 and Set a Case Specific Scheduling Order. (Keale, James) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 41 MOTION AND MEMORANDUM IN SUPPORT by Boston Scientific Corporation to Remove Case From Wave 3 and Set a Case Specific Scheduling Order (Keale, James) [Transferred from West Virginia Southern on 9/4/2020.] |
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Filing 40
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) [Transferred from West Virginia Southern on 9/4/2020.]
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Filing 39
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) [Transferred from West Virginia Southern on 9/4/2020.]
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Filing 38
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) [Transferred from West Virginia Southern on 9/4/2020.]
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Filing 37
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) [Transferred from West Virginia Southern on 9/4/2020.]
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Filing 36
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) [Transferred from West Virginia Southern on 9/4/2020.]
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Filing 35
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) [Transferred from West Virginia Southern on 9/4/2020.]
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Filing 34
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) [Transferred from West Virginia Southern on 9/4/2020.]
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Filing 33
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) [Transferred from West Virginia Southern on 9/4/2020.]
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Filing 32
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) [Transferred from West Virginia Southern on 9/4/2020.]
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Filing 31
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) [Transferred from West Virginia Southern on 9/4/2020.]
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Filing 30
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) [Transferred from West Virginia Southern on 9/4/2020.]
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Filing 29
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) [Transferred from West Virginia Southern on 9/4/2020.]
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Filing 28
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) [Transferred from West Virginia Southern on 9/4/2020.]
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Filing 27
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) [Transferred from West Virginia Southern on 9/4/2020.]
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Filing 26
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) [Transferred from West Virginia Southern on 9/4/2020.]
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| Filing 25 LETTER from Ryan Owen Herbert, Stephanie Ellen Herbert, undated, re: upcoming appointment. (Attachments: #1 Attachment 1 (Redacted), #2 Envelope) (ts) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 24 MOTION/REQUEST by Ryan O. Herbert, Stephanie E. Herbert to Proceed Without Counsel. (Attachments: #1 Letter providing contact information, #2 Letter dated 2/13/2017, #3 Envelope) (ts) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 23 SETTLEMENT OFFER TO BOSTON SCIENTIFIC CORPORATION by Stephanie E. Herbert, Ryan O. Herbert. (Attachment: #1 Envelope) (ts) [Transferred from West Virginia Southern on 9/4/2020.] |
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Filing 22
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) (kab) [Transferred from West Virginia Southern on 9/4/2020.]
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Filing 21
ORDER granting #11 MOTION by Ryan O. Herbert, Stephanie E. Herbert to Withdraw as Counsel, as more fully set forth herein; directing the Clerk to terminate Lisa Ann Gorshe, Michael K. Johnson, and Timothy J. Becker as counsel for the plaintiffs and to lift the seal on the filed documents associated with ECF Nos. 17 and 18, and to amend the docket to indicate that the plaintiffs' address is 1106 Caplis Sligo Road, Bossier City, LA 71112, and to reflect that the stay previously entered on 11/13/2017 was lifted on 12/13/2017. Signed by Judge Joseph R. Goodwin on 1/3/2018. (cc: counsel of record; any unrepresented party) (ts) [Transferred from West Virginia Southern on 9/4/2020.]
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| Filing 20 REQUEST by Stephanie E. Herbert to Proceed Without Counsel. (Attachment: #1 Envelope) (ts) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 19 REQUEST by Ryan O. Herbert, Stephanie E. Herbert to Proceed Without Counsel. (Attachment: #1 Envelope) (ts) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 18 UNSEALED PURSUANT TO #21 ORDER ENTERED ON 1/03/2018: REFERENCE SHEET, SEALED, submitted by Ryan O. Herbert, Stephanie E. Herbert re: #16 Order. (Attachment: #1 Exhibit A (USPS Tracking and Proof of Receipt))(Gorshe, Lisa) (Modified on 1/4/2018 to note document has been unsealed) (ts). [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 17 UNSEALED PURSUANT TO #21 ORDER ENTERED ON 1/03/2018: REFERENCE SHEET, SEALED, submitted by Ryan O. Herbert, Stephanie E. Herbert re: #16 Order (Attachment: #1 Exhibit A (Communications including Order sent to client))(Gorshe, Lisa) (Modified on 1/4/2018 to note document has been unsealed) (ts). [Transferred from West Virginia Southern on 9/4/2020.] |
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Filing 16
ORDER This action is STAYED until 12/13/2017 to allow plaintiffs to retain other counsel; the court DIRECTS plaintiffs to file a statement of intent to proceed without counsel, or to have new counsel enter an appearance by 12/13/2017; if plaintiffs fail to do so, defendant may move the court for appropriate relief, including dismissal with prejudice; directing counsel to file plaintiffs' last known address, telephone number, and email address using the CM/ECF event, Other Filings, Restricted Access or Sealed Documents, Reference Sheet; directing plaintiffs' counsel to send a copy of this order and a copy of this Motion to Withdraw as Counsel to plaintiffs, via any email address they may have for plaintiffs, and via regular mail and certified mail, return receipt requested, and file a copy of the receipt; if no receipt is obtained, counsel should file proof of mailing; and denying in part #11 MOTION by Ryan O. Herbert, Stephanie E. Herbert to Withdraw as Counsel and directing Attachments 1-4 REMAIN SEALED. Signed by Judge Joseph R. Goodwin on 11/13/2017. (cc: counsel of record; plaintiffs) (mek) [Transferred from West Virginia Southern on 9/4/2020.]
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| Filing 15 NOTICE OF CANCELLATION by Boston Scientific Corporation of #13 Notice of Deposition Duces Tecum of Ryan O. Herbert (Casey, Sarah) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 14 NOTICE OF CANCELLATION by Boston Scientific Corporation of #12 Notice of Deposition Duces Tecum of Stephanie E. Herbert (Casey, Sarah) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 13 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Ryan O. Herbert on October 23, 2017 at 3:00 p.m. (Casey, Sarah) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 12 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Stephanie E. Herbert on October 23, 2017 at 12:00 p.m. (Casey, Sarah) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 11 MOTION by Ryan O. Herbert, Stephanie E. Herbert to Withdraw as Counsel. (Attachments: #1 Supplement Motion to Withdraw as Counsel, #2 Affidavit of Lisa Ann Gorshe, #3 Exhibit A, #4 Exhibit B, #5 Proposed Order granting withdrawal of Counsel)(Gorshe, Lisa) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 10 NOTICE OF ATTORNEY APPEARANCE by Sarah Katherine Casey on behalf of Boston Scientific Corporation. (Casey, Sarah) [Transferred from West Virginia Southern on 9/4/2020.] |
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Filing 9
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) (kab) [Transferred from West Virginia Southern on 9/4/2020.]
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| Filing 8 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.] |
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Filing 7
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) (hkl) [Transferred from West Virginia Southern on 9/4/2020.]
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| Filing 6 PLAINTIFF PROFILE FORM filed by Ryan O. Herbert, Stephanie E. Herbert. (Gorshe, Lisa) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 5 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 4 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon A. Strongman on 2/6/2017. Boston Scientific Corporation waiver mailed on 2/3/2017, answer due 4/4/2017. (Strongman, Jon) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 3 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 2 TRANSMITTED PRETRIAL ORDER # 154 (Order Amending PTO #128 - Order Establishing Reporting on Payment to the MDL 2326 Fund) entered on 2/2/2017 in MDL 2326 to attorneys in member case. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (jk) [Transferred from West Virginia Southern on 9/4/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-5299926. (Attachment: #1 Civil Cover Sheet) (bw) [Transferred from West Virginia Southern on 9/4/2020.] |
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