JOHNSON et al v. AMERICAN MEDICAL SYSTEMS INC
Plaintiff: KENNETH JOHNSON and DOREEN JOHNSON
Defendant: AMERICAN MEDICAL SYSTEMS INC
Case Number: 2:2020cv00062
Filed: February 20, 2020
Court: US District Court for the District of Maine
Presiding Judge: JON D LEVY
Referring Judge: JOHN H RICH
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 12, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 12, 2020 Opinion or Order Filing 37 ORDER granting #36 Motion to Withdraw as Attorney. Attorneys Legg and Farrell's representation of the defendant is hereby terminated; the defendant continues to be represented in this action by Attorneys Minister, Rocks and Binis. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
March 11, 2020 Filing 36 MOTION by Attorney Erik W. Legg and Michael J. Farrell to Withdraw as Attorney by AMERICAN MEDICAL SYSTEMS INC Responses due by 4/1/2020. (MINISTER, MARGARET)
March 11, 2020 Filing 35 NOTICE/CORRESPONDENCE Re: Joint Designation of Record for MDL Transfer by AMERICAN MEDICAL SYSTEMS INC (Attachments: #1 Supplement ECF 231 - PTO 13, #2 Supplement ECF 288 - PTO 17, #3 Supplement ECF 748 - PTO 73, #4 Supplement ECF 1234 - PTO 171, #5 Supplement ECF 7389 - AMS Daubert Motion to Exclude Rosenzweig, #6 Supplement ECF 7391 - AMS Brief ISO Daubert on Rosenzweig, #7 Supplement ECF 7411 - P's Memo in Opp of Daubert on Rosenzweig, #8 Supplement ECF 7429 - AMS Reply Brief ISO Daubert on Rosenzweig, #9 Supplement ECF 7400 - P's Daubert Motion to Exclude Kozak, #10 Supplement ECF 7401 - P's Memo ISO Daubert on Kozak, #11 Supplement ECF 7412 - AMS Opposition to Daubert on Kozak, #12 Supplement ECF 7383 - AMS Daubert Motion to Exclude Guelcher, #13 Supplement ECF 7384 - AMS Brief ISO Daubert on Guelcher, #14 Supplement ECF 7414 - P's Memo in Opp to Daubert on Guelcher Part 1 of 2, #15 Supplement ECF 7414 - P's Memo in Opp to Daubert on Guelcher Part 2 of 2, #16 Supplement ECF 7424 - AMS Reply Brief ISO Daubert on Guelcher, #17 Supplement ECF 7385 - AMS Daubert Motion to Exclude Iakovlev Part 1 of 2, #18 Supplement ECF 7385 - AMS Daubert Motion to Exclude Iakovlev Part 2 of 2, #19 Supplement ECF 7386 - AMS Brief ISO Daubert on Iakovlev, #20 Supplement ECF 7405 - P's Adoption of Response re Daubert on Iakovlev, #21 Supplement ECF 7427 - AMS Reply Brief ISO Daubert on Iakovlev)(RITCH ROCKS, HEATHER)
March 10, 2020 Filing 34 ***FILED IN ERROR*** CERTIFICATION for Admission Pro Hac Vice of Heather A. Ritch Rocks filed by HEATHER A. RITCH ROCKS on behalf of All Defendants (Total admission fee $ 100 receipt number AMEDC-2188438.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.gov (RITCH ROCKS, HEATHER) Modified on 3/10/2020 duplicate of ECF #32. Fee voided. (akr).
February 27, 2020 Filing 33 CORPORATE DISCLOSURE STATEMENT by AMERICAN MEDICAL SYSTEMS INC. (MINISTER, MARGARET)
February 27, 2020 Filing 32 CERTIFICATION for Admission Pro Hac Vice of Heather A. Ritch Rocks filed by MARGARET K. MINISTER on behalf of AMERICAN MEDICAL SYSTEMS INC (Total admission fee $ 100 receipt number AMEDC-2179441.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.gov (MINISTER, MARGARET)
February 27, 2020 Filing 31 NOTICE of Appearance by MARGARET K. MINISTER on behalf of AMERICAN MEDICAL SYSTEMS INC (MINISTER, MARGARET)
February 21, 2020 Set Deadlines : Per Local Rule 7.1 Notice of Interested Parties or Corporate Disclosure Statement due by 2/28/2020 as to AMERICAN MEDICAL SYSTEMS INC. (akr)
February 21, 2020 Deadlines : Pro Hac Vice Certificate Due from All Counsel of Record by 2/28/2020. The Certification for Admission Pro Hac Vice form can be downloaded from our website at #http://www.med.uscourts.gov/forms. (akr)
February 20, 2020 Filing 30 Case transferred in from District of West Virginia Southern; Case Number 2:18-cv-00920.
February 19, 2020 Filing 29 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 filer) (mkw). [Transferred from West Virginia Southern on 2/20/2020.]
February 6, 2020 Opinion or Order Filing 28 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 2/20/2020.]
June 25, 2019 Filing 27 NOTICE OF WITHDRAWAL OF DEPOSITION NOTICE OF JAMES COAD, M.D. by Doreen Johnson, Kenneth Johnson re: #22 Notice to Take or Amend Deposition. (Burke, Daniel) [Transferred from West Virginia Southern on 2/20/2020.]
June 4, 2019 Filing 26 REPLY by American Medical Systems, Inc. to #24 Response In Opposition. (Weil, Rachel) [Transferred from West Virginia Southern on 2/20/2020.]
June 4, 2019 Filing 25 REPLY by American Medical Systems, Inc. to #23 Response In Opposition. (Binis, Barbara) [Transferred from West Virginia Southern on 2/20/2020.]
May 28, 2019 Filing 24 RESPONSE by Doreen Johnson, Kenneth Johnson in opposition to #18 MOTION by American Medical Systems, Inc. for Partial Summary Judgment on Plaintiffs' Claims, #19 Memorandum In Support. (Attachments: #1 Memorandum of Law, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(Burke, Daniel) [Transferred from West Virginia Southern on 2/20/2020.]
May 28, 2019 Filing 23 RESPONSE by Doreen Johnson, Kenneth Johnson in opposition to #20 MOTION by American Medical Systems, Inc. to Exclude the Opinions and Testimony of Steven H. Berliner. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Burke, Daniel) [Transferred from West Virginia Southern on 2/20/2020.]
May 15, 2019 Filing 22 NOTICE TO TAKE VIDEOTAPED DEPOSITION by Doreen Johnson, Kenneth Johnson of James Coad, M.D. on June 18, 2019 at 9:00 a.m. EST (Burke, Daniel) [Transferred from West Virginia Southern on 2/20/2020.]
May 13, 2019 Filing 21 MEMORANDUM OF LAW by American Medical Systems, Inc. in support of #20 MOTION by American Medical Systems, Inc. to Exclude The Case-Specific Opinions and Testimony of Steven H. Berliner, M.D., FACS, FACOG pursuant to Daubert and Federal Rules of Evident 702 and 703. (Binis, Barbara) [Transferred from West Virginia Southern on 2/20/2020.]
May 13, 2019 Filing 20 MOTION by American Medical Systems, Inc. to Exclude The Case-Specific Opinions and Testimony of Steven H. Berliner, M.D., FACS, FACOG pursuant to Daubert and Federal Rules of Evidence 702 and 703. (Attachments: #1 Proposed Order, #2 Exhibit)(Binis, Barbara) [Transferred from West Virginia Southern on 2/20/2020.]
May 13, 2019 Filing 19 MEMORANDUM OF LAW by American Medical Systems, Inc. in support of #18 MOTION by American Medical Systems, Inc. for Partial Summary Judgment. (Binis, Barbara) [Transferred from West Virginia Southern on 2/20/2020.]
May 13, 2019 Filing 18 MOTION by American Medical Systems, Inc. for Partial Summary Judgment on Plaintiffs' Claims. (Attachments: #1 Proposed Order, #2 Exhibit)(Binis, Barbara) [Transferred from West Virginia Southern on 2/20/2020.]
May 3, 2019 Filing 17 OBJECTIONS AND RESPONSES by American Medical Systems, Inc. to Plaintiffs' #16 Notice of Videotaped Deposition of Eric Rovner, M.D. (Binis, Barbara) [Transferred from West Virginia Southern on 2/20/2020.]
April 22, 2019 Filing 16 NOTICE OF VIDEOTAPED DEPOSITION by Doreen Johnson, Kenneth Johnson of Eric Rovner, MD on May 6, 2019 at 5:00 p.m. EST (Burke, Daniel) [Transferred from West Virginia Southern on 2/20/2020.]
March 28, 2019 Filing 15 NOTICE OF VIDEOTAPED DEPOSITION by American Medical Systems, Inc. of Dr. Steven Berliner on April 15, 2019 at 9:00 A.M. (Binis, Barbara) [Transferred from West Virginia Southern on 2/20/2020.]
March 6, 2019 Filing 14 NOTICE of Issuance of Subpoena to Dr. James Flaherty, D.O. by American Medical Systems, Inc. (Binis, Barbara) [Transferred from West Virginia Southern on 2/20/2020.]
February 26, 2019 Filing 13 AMENDED NOTICE OF DEPOSITION by Doreen Johnson, Kenneth Johnson of James Flaherty, D.O. on March 14, 2019 at 1:00 PM EST (Attachments: #1 Certificate of Service)(Burke, Daniel) [Transferred from West Virginia Southern on 2/20/2020.]
February 25, 2019 Filing 12 NOTICE OF DEPOSITION by American Medical Systems, Inc. of Dr. Robert McDonough on March 7, 2019 at 1:00 PM CST (Binis, Barbara) [Transferred from West Virginia Southern on 2/20/2020.]
February 22, 2019 Filing 11 CERTIFICATE OF SERVICE by Doreen Johnson, Kenneth Johnson for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Burke, Daniel) [Transferred from West Virginia Southern on 2/20/2020.]
February 8, 2019 Filing 10 CERTIFICATE OF SERVICE by Doreen Johnson, Kenneth Johnson for Amended Plaintiffs' Responses and Objections to Defendant's First Set of Interrogatories, Requests for Admission and Requests for Production. (Burke, Daniel) [Transferred from West Virginia Southern on 2/20/2020.]
December 3, 2018 Opinion or Order Filing 9 PRETRIAL ORDER # 270 (Order Re: Mandatory Settlement Conference for Certain Unresolved Cases December 5, 2018) Directing that the mandatory settlement conferences in the cases on Exhibit A to PTO # 268 will proceed as scheduled on Wednesday, 12/5/2018 at 9:00 a.m. in the Robert C. Byrd United States Courthouse, Charleston, West Virginia. Signed by Judge Joseph R. Goodwin on 12/3/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2325; Cases Identified on Exhibit A) (st) [Transferred from West Virginia Southern on 2/20/2020.]
November 15, 2018 Filing 8 PLAINTIFF FACT SHEET filed by Doreen Johnson, Kenneth Johnson. (Burke, Daniel) [Transferred from West Virginia Southern on 2/20/2020.]
November 8, 2018 Opinion or Order Filing 7 PRETRIAL ORDER # 268 (Order Re: Mandatory Settlement Conference for Certain Unresolved Cases December 5, 6 and 7, 2018) Directing that settlement conferences will be conducted as follows: 1. For the cases identified on Exhibit A, attached hereto, the court will conduct a mandatory settlement conference in those cases beginning on 12/5/2018, at 9:00 a.m. 2. For the cases identified on Exhibit B, attached hereto, the court will conduct a mandatory settlement conference in those cases beginning on 12/6/2018, at 9:00 a.m. 3. For the cases identified on Exhibit C, attached hereto, the court will conduct a mandatory settlement conference in those cases beginning on 12/7/2018; 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. Signed by Judge Joseph R. Goodwin on 11/8/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2325; Cases Identified on Exhibits A, B and C) (brn) [Transferred from West Virginia Southern on 2/20/2020.]
October 31, 2018 Opinion or Order Filing 6 PRETRIAL ORDER # 267 (Docket Control Order - American Medical Systems, Inc. Wave 4 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 American Medical Systems, Inc., 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 4 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 AMS Wave 4 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 2325; AMS Wave 4 cases identified on Exhibits A and B) (ts) (ADI) [Transferred from West Virginia Southern on 2/20/2020.]
October 17, 2018 Opinion or Order Filing 5 PRETRIAL ORDER # 265 (Order re: Mandatory Settlement Conference for Certain Unresolved Cases) It is ORDERED that: 1.) Counsel for plaintiffs in the cases identified on the attached Exhibit A, who have alleged claims against American Medical Systems, Inc. or Astora Womens Health, LLC are directed to meet and confer with Reisman Karron Greene LLP, settlement counsel for AMS, on or before 11/2/2018, and to engage in good faith discussions about the possibility of settlement. 2.) As to the cases identified on Exhibit B, those cases, to the extent they are on the inactive docket, are returned to the active docket and the Clerk is DIRECTED to remove the inactive flag. Counsel for plaintiffs in the cases identified on Exhibit B, who have alleged claims against American Medical Systems, Inc. or Astora Womens Health, LLC are directed to meet and confer with Reisman Karron Greene LLP, settlement counsel for AMS, on or before 11/2/2018, and to engage in good faith discussions about the possibility of settlement. 3.) Messrs. Aylstock, Garrard, Potts and Thompson and AMS Settlement Counsel are directed to provide a joint written report to the court via email on 11/6/2018, identifying which cases remaining on Exhibits A and B, if any, have not been resolved or dismissed. 4.) On 11/8/2018, the court will enter an order identifying the cases where a settlement conference will be conducted because the case was not resolved or dismissed. That order will identify on which of the following dates the parties in each case must appear for the settlement conference: 12/5/2018, 12/6/2018 or 12/7/2018 or such other date as set by the Court. Each day, the settlement conferences will begin at 9:00 a.m. in Charleston, West Virginia at the Robert C. Byrd United States Courthouse Settlement conferences will continue in each case from day-today and parties should come prepared for evening work. 5.) Individual plaintiffs whose cases are scheduled for a settlement conference shall appear in person for the settlement conference along with counsel of record. 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 10/17/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2325; Cases Listed on Exhibits A-B) (klc) [Transferred from West Virginia Southern on 2/20/2020.]
August 22, 2018 Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael J. Farrell on behalf of American Medical Systems, Inc.. (Farrell, Michael) [Transferred from West Virginia Southern on 2/20/2020.]
August 22, 2018 Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Erik W. Legg on behalf of American Medical Systems, Inc.. (Legg, Erik) [Transferred from West Virginia Southern on 2/20/2020.]
May 15, 2018 Filing 2 TRANSMITTED PRETRIAL ORDER # 252 (Order Re: Qualified Settlement Fund - Blizzard & Nabers, LLP) entered on 03/26/2018 in MDL 2325 to attorneys in member case. (mmw) [Transferred from West Virginia Southern on 2/20/2020.]
May 11, 2018 Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-6487389. (Attachment: #1 Civil Cover Sheet) (cma) [Transferred from West Virginia Southern on 2/20/2020.]

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Search for this case: JOHNSON et al v. AMERICAN MEDICAL SYSTEMS INC
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Plaintiff: KENNETH JOHNSON
Represented By: DANIEL C. BURKE
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Plaintiff: DOREEN JOHNSON
Represented By: DANIEL C. BURKE
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Defendant: AMERICAN MEDICAL SYSTEMS INC
Represented By: MICHAEL J. FARRELL
Represented By: BARBARA R. BINIS
Represented By: ERIK W. LEGG
Represented By: HEATHER A. RITCH ROCKS
Represented By: MARGARET K. MINISTER
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