Lehky v. American Medical Systems, Inc.
| Elsa Lehky |
| Boston Scientific Corporation, American Medical Systems, Inc., Inc. Ethicon, Johnson & Johnson and Ethicon, LLC |
| 8:2020cv00507 |
| February 26, 2020 |
| US District Court for the District of Maryland |
| George Levi Russell |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 23, 2020. A more recent docket listing may be available from PACER.
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Filing 78
Marginal ORDER GRANTING #77 Motion to Amend/Correct images of the record; DIRECTING Clerk replace ECF 70-10 with ECF 77-1. Signed by Judge George Levi Russell, III on 3/23/2020. (hmls, Deputy Clerk)
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| Filing 77 Consent MOTION to Amend/Correct images of the record by American Medical Systems, Inc. (Attachments: #1 Exhibit 1)(Bernasconi, Andrew) |
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Filing 76
ORDER Scheduling Settlement Conference. Signed by Judge George Levi Russell, III on 3/12/2020. (krs, Deputy Clerk)
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| Filing 75 Mail Returned as Undeliverable (ECF #66 ). Mail sent to Steven D. Davis (krs, Deputy Clerk) |
| Filing 74 PAPERLESS ORDER granting #73 Motion to Appear Pro Hac Vice on behalf of Steven D Davis. Directing attorney Steven D Davis to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 3/11/2020. (srds, Deputy Clerk) |
| Filing 73 MOTION to Appear Pro Hac Vice for Steven D. Davis (Filing fee $100, receipt number 0416-8563907.) by Elsa Lehky(Jenner, Robert) |
| Filing 72 NOTICE of Appearance by Robert Keith Jenner on behalf of Elsa Lehky (Jenner, Robert) |
| Filing 71 PAPERLESS ORDER granting #69 Motion to Appear Pro Hac Vice on behalf of Shana E Russo. Directing attorney Shana E Russo to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 3/9/2020. (srds, Deputy Clerk) |
| Filing 70 NOTICE by American Medical Systems, Inc. Joint Designation of Record (Attachments: #1 Supplement ECF 231 - PTO 13, #2 Supplement ECF 288 - PTO 017, #3 Supplement ECF 748 - PTO 073, #4 Supplement ECF 1234 - PTO 171, #5 Supplement ECF 6709 - AMS Daubert Motion to Exclude Guelcher and Mays, #6 Supplement ECF 6710 - AMS Memo ISO Motion to Exclude Guelcher and Mays, #7 Supplement ECF 6790 - P's Opposition re Guelcher and Mays Part 1 of 2, #8 Supplement ECF 6790 - P's Opposition re Guelcher and Mays Part 2 of 2, #9 Supplement ECF 6868 - AMS's Reply re P's Memo re Guelcher and Mays, # (FOR 70-10, SEE 70-24) (10) Supplement ECF 6716 - AMS Daubert Motion to Exclude Ostergard with Exhibits, #11 Supplement ECF 6717 - AMS Memo re Motion to Exclude Ostergard, #12 Supplement ECF 6788 - P's Response to AMS Motion re Ostergard Part 1 of 6, #13 Supplement ECF 6788 - P's Response to AMS Motion re Ostergard Part 2 of 6, #14 Supplement ECF 6788 - P's Response to AMS Motion re Ostergard Part 3 of 6, #15 Supplement ECF 6788 - P's Response to AMS Motion re Ostergard Part 4 of 6, #16 Supplement ECF 6788 - P's Response to AMS Motion re Ostergard Part 5 of 6, #17 Supplement ECF 6788 - P's Response to AMS Motion re Ostergard Part 6 of 6, #18 Supplement ECF 6867 - AMS Reply ISO Motion re Ostergard, #19 Supplement ECF 6719 - AMS Daubert Motion to Exclude Rosenzweig, #20 Supplement ECF 6720 - AMS Brief in Support of Motion re Rosenzweig, #21 Supplement ECF 6836 - P's Opposition re Rosenzweig, #22 Supplement ECF 6876 - AMS Reply ISO Motion on Rosenzweig, #23 Supplement ECF 6896 - P's Motion for Leave to File Sur-reply re Rosenweig)(Bernasconi, Andrew) (Additional attachment(s) added on 3/23/2020: #24 AMS Motion to Exclude Testimony of Ostergard) (hmls, Deputy Clerk). Modified on 3/23/2020 (hmls, Deputy Clerk). |
| Filing 69 MOTION to Appear Pro Hac Vice for Shana E. Russo (Filing fee $100, receipt number 0416-8554249.) by American Medical Systems, Inc.(Bernasconi, Andrew) |
| Filing 68 Local Rule 103.3 Disclosure Statement by American Medical Systems, Inc. identifying Corporate Parent Endo International PLC for American Medical Systems, Inc..(Bernasconi, Andrew) |
| Filing 67 NOTICE of Appearance by Andrew C Bernasconi on behalf of American Medical Systems, Inc. (Bernasconi, Andrew) |
| Filing 66 Correspondence to parties re: transfer notification letter (c/m 2/26/2020) (krs, Deputy Clerk) |
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Filing 65
ORDER REFERRING CASE to Magistrate Judge Deborah L. Boardman for Settlement. Signed by Judge George Levi Russell, III on 2/26/2020. (cags, Deputy Clerk)
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| Filing 64 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-24013. Original file certified copy of transfer order and docket sheet received. |
| Filing 63 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02325 - American Medical Systems, Inc. (Binis, Barbara) (Modified on 2/20/2020 to add party filer) (mk). |
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Filing 62
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)
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| Filing 61 MEMORANDUM OF LAW by American Medical Systems, Inc. in support of #51 MOTION by American Medical Systems, Inc. to Exclude The Case-Specific Opinions and Testimony of Donald Ostergard, M.D., Pursuant to Daubert and Federal Rules of Evidence 702 and 703. (kew) |
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Filing 60
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)
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Filing 59
ORDER (Dismissing Case With Prejudice) granting #58 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Dismiss With Prejudice due to civil action being compromised and settled; and the claims against the Ethicon defendants only are DISMISSED WITH PREJUDICE; other defendants remain in this case and this case remains pending as to those other defendants. Signed by Judge Joseph R. Goodwin on 1/8/2020. (cc: counsel of record; any unrepresented party) (st)
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| Filing 58 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Dismiss With Prejudice due to civil action being compromised and settled. (Gage, William) |
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Filing 57
ORDER (Dismissing Cases With Prejudice) granting the Joint Motion to Dismiss with Prejudice; the BSC defendant is DISMISSED WITH PREJUDICE from the action(s) listed on the attached Exhibit(s); and if there are no remaining defendants in a civil action, then (a) that civil action is dismissed and stricken from the docket and (b) any pending motions are DENIED as moot. Signed by Judge Joseph R. Goodwin on 6/19/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2325; Cases on the attached Exhibit(s)) (st)
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| Filing 56 MOTION by Boston Scientific Corporation to Dismiss With Prejudice. (Strongman, Jon) |
| Filing 55 NOTICE OF ATTORNEY APPEARANCE by Kim Loutey on behalf of Elsa Lehky. (Loutey, Kim) |
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Filing 54
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) (kab)
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| Filing 53 REPLY by American Medical Systems, Inc. to #52 RESPONSE by Elsa Lehky in opposition to 51 MOTION by American Medical Systems, Inc. to Exclude The Case-Specific Opinions and Testimony of Donald Ostergard, M.D., Pursuant to Daubert and Federal Rules of Evidence 702 and 703 and incorporating # 6788 Memorandum In Opposition filed in MDL 2325. (Attachment: #1 Exhibit A) (originally filed in MDL 2325 at ECF No. 6875) (mek) |
| Filing 52 RESPONSE by Elsa Lehky in opposition to #51 MOTION by American Medical Systems, Inc. to Exclude The Case-Specific Opinions and Testimony of Donald Ostergard, M.D., Pursuant to Daubert and Federal Rules of Evidence 702 and 703 and incorporating # 6788 Memorandum In Opposition filed in MDL 2325. (Attachment: #1 Exhibit A) (originally filed in MDL 2325 on 10/25/2018) (mek) |
| Filing 51 MOTION by American Medical Systems, Inc. to Exclude The Case-Specific Opinions and Testimony of Donald Ostergard, M.D., Pursuant to Daubert and Federal Rules of Evidence 702 and 703. (Attachments: #1 Exhibits A-B, #2 Proposed Order) (originally filed in MDL 2325 on 10/18/2018 at ECF #6714) (mms) |
| Filing 50 REPLY by American Medical Systems, Inc. to Plaintiff's #48 OPPOSITION to Defendant's Motion for Partial Summary Judgment. (Attachment: #1 Exhibit A)(Binis, Barbara) (Modified on 11/14/2018 to correct link to #48 opposition)(rmc). |
| Filing 49 REPLY by Elsa Lehky to Defendant's #47 OPPOSITION to Plaintiff's Motion to Exclude Certain Opinion Testimony of Christopher Jayne, M.D., Pursuant to Federal Rule Of Evidence 702 (Davis, Steven) (Modified on 11/14/2018 to correct link to #47 opposition)(rmc). |
| Filing 48 OPPOSITION by Elsa Lehky in opposition to #44 MOTION by American Medical Systems, Inc. for Partial Summary Judgment on Plaintiff's Claims (Attachments: #1 Exhibit A, #2 Exhibit B)(Davis, Steven) (Modified on 11/7/2018 to remove link to #45 memorandum in support)(rmc). |
| Filing 47 OPPOSITION by American Medical Systems, Inc. in opposition to #42 MOTION by Elsa Lehky to Exclude Certain Opinion Testimony of Christopher Jayne, M.D., Pursuant to Federal Rule Of Evidence 702 (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B)(Binis, Barbara) |
| Filing 46 OPPOSITION by American Medical Systems, Inc. to #40 DAUBERT MOTION by Elsa Lehky to Exclude Certain Opinion Testimony of James Coad, M.D., Pursuant to Federal Rule Of Evidence 702 (Attachment: #1 Proposed Order)(Binis, Barbara) |
| Filing 45 MEMORANDUM OF LAW by American Medical Systems, Inc. in support of #44 MOTION by American Medical Systems, Inc. for Partial Summary Judgment (McConnell, Stephen) |
| Filing 44 MOTION by American Medical Systems, Inc. for Partial Summary Judgment on Plaintiff's Claims (Attachments: #1 Proposed Order, #2 Exhibit A-E)(McConnell, Stephen) |
| Filing 43 MEMORANDUM OF LAW by Elsa Lehky in support of #42 MOTION by Elsa Lehky to Exclude Certain Opinion Testimony of Christopher Jayne, M.D., Pursuant to Federal Rule Of Evidence 702. (Davis, Steven) |
| Filing 42 DAUBERT MOTION by Elsa Lehky to Exclude Certain Opinion Testimony of Christopher Jayne, M.D., Pursuant to Federal Rule Of Evidence 702. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Davis, Steven) |
| Filing 41 MEMORANDUM OF LAW by Elsa Lehky in support of #40 DAUBERT MOTION by Elsa Lehky to Exclude Certain Opinion Testimony of James Coad, M.D., Pursuant to Federal Rule Of Evidence 702. (Davis, Steven) |
| Filing 40 DAUBERT MOTION by Elsa Lehky to Exclude Certain Opinion Testimony of James Coad, M.D., Pursuant to Federal Rule Of Evidence 702. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Davis, Steven) |
| Filing 39 RETURN OF SERVICE ON SUBPOENA for Shlomo Raz, M.D.. (Binis, Barbara) |
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Filing 38
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)
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| Filing 37 NOTICE of Issuance of Amended Subpoena to Shlomo Raz, M.D. by American Medical Systems, Inc. (Binis, Barbara) |
| Filing 36 NOTICE of Issuance of Subpoena to Shlomo Raz, M.D. by American Medical Systems, Inc. (Binis, Barbara) |
| Filing 35 AMENDED NOTICE OF VIDEOTAPED DEPOSITION by American Medical Systems, Inc. of Donald Ostergard, MD on September 26, 2018 at 4:00 PM (Binis, Barbara) |
| Filing 34 CERTIFICATE OF SERVICE by Elsa Lehky for Answers and Objections to American Medical Systems, Inc.'s First Set of Interrogatories, Responses to American Medical Systems, Inc.'s First Requests for Admission and Answers and Objections to American Medical Systems, Inc.'s First Set of Requests for Production of Documents. (Davis, Steven) |
| Filing 33 NOTICE OF VIDEOTAPED DEPOSITION by American Medical Systems, Inc. of Dr. Donald Ostergard on September 13, 2018 at 4:00 PM (Binis, Barbara) |
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Filing 32
ORDER granting the Motions filed in MDL 2325 by Ethicon, Inc., Johnson & Johnson to Substitute Susan M. Robinson as Counsel in lieu of David B. Thomas, and to Substitute William M. Gage as Counsel in lieu of Christy D. Jones; the Clerk is directed to terminate Christy D. Jones and to substitute William M. Gage as counsel of record, both on the main master docket and for each individual member case in MDL 2325 with which Christy D. Jones is associated, and to terminate David B. Thomas and to substitute Susan M. Robinson as counsel of record, both on the main master docket and for each individual member case in MDL 2325 with which David B. Thomas is associated. Signed by Judge Joseph R. Goodwin on 5/24/2018. (cc: counsel of record; any unrepresented party) (mwk) (ADI)
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| Filing 31 STIPULATION OF SETTLEMENT BETWEEN CERTAIN PARTIES by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Elsa Lehky. (Gage, William) (Modified on 8/23/2018 to add party filer) (lca). |
| Filing 30 NOTICE OF DEPOSITION by American Medical Systems, Inc. of Mary Dupont, MD on September 6, 2018 at 10:00 a.m. (Binis, Barbara) |
| Filing 29 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Tyler Joseph Schneider on behalf of Elsa Lehky. (Schneider, Tyler) |
| Filing 28 NOTICE of Issuance of Subpoena to Mary Dupont, M.D. by American Medical Systems, Inc. (Binis, Barbara) |
| Filing 27 CERTIFICATE OF SERVICE by Elsa Lehky for Second Amended Rule 26 Expert Disclosures. (Plattenberger, Jacob) |
| Filing 26 CERTIFICATE OF SERVICE by Elsa Lehky for Amended Rule 26 Expert Disclosures. (Plattenberger, Jacob) |
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Filing 24
ORDER The #23 Order entered on 6/11/2018 is VACATED. Signed by Judge Joseph R. Goodwin on 6/14/2018. (cc: counsel of record; any unrepresented party) (mek)
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Filing 25
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) (kab)
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Filing 23
VACATED PURSUANT TO THE #24 ORDER ENTERED ON 6/14/2018: 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) (Modified on 6/14/2018 to note order has been vacated) (mek).
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| Filing 22 CERTIFICATE OF SERVICE by Elsa Lehky for Rule 26 Expert Disclosures. (Davis, Steven) |
| Filing 21 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Steven D. Davis on behalf of Elsa Lehky. (Davis, Steven) |
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Filing 20
ORDER The #19 MOTION by American Medical Systems, Inc. to Withdraw #15 Motion by American Medical Systems, Inc. to Dismiss With Prejudice For Failure to Comply With Pre-Trial Order #249 is GRANTED; and the #15 MOTION by American Medical Systems, Inc. to Dismiss With Prejudice For Failure to Comply With Pre-Trial Order #249 and #17 UNOPPOSED MOTION by Elsa Lehky For Extension of Time to File Opposition to #15 Motion to Dismiss to 05/23/2018 are each DENIED as moot. Signed by Judge Joseph R. Goodwin on 5/24/2018. (cc: counsel of record; any unrepresented party) (mek)
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| Filing 19 MOTION by American Medical Systems, Inc. to Withdraw #15 Motion by American Medical Systems, Inc. to Dismiss With Prejudice For Failure to Comply With Pre-Trial Order #249. (Binis, Barbara) |
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Filing 18
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)
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| Filing 17 UNOPPOSED MOTION by Elsa Lehky For Extension of Time to File Opposition to #15 Motion to Dismiss to 05/23/2018. (Kennerly, Maxwell) |
| Filing 16 MEMORANDUM OF LAW by American Medical Systems, Inc. in support of #15 MOTION by American Medical Systems, Inc. to Dismiss With Prejudice For Failure to Comply With Pre-Trial Order #249 (Binis, Barbara) |
| Filing 15 MOTION by American Medical Systems, Inc. to Dismiss With Prejudice For Failure to Comply With Pre-Trial Order #249. (Attachments: #1 Proposed Order, #2 Exhibit A)(Binis, Barbara) |
| Filing 14 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by James H. Keale on behalf of Boston Scientific Corporation. (Keale, James) |
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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) (pma)
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| Filing 11 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Mary C. Dupont on 5/22/2018 at 9:00 a.m. (Jones, Alyson) |
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Filing 12
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) (mks)
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| Filing 10 PLAINTIFF PROFILE FORM filed by Elsa Lehky. (Plattenberger, Jacob) |
| Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) |
| Filing 8 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) |
| Filing 6 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon A Strongman on 12/17/13. Boston Scientific Corporation waiver mailed on 11/20/2013, answer due 1/21/2014. (Strongman, Jon) |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jon A. Strongman on behalf of Boston Scientific Corporation. (Strongman, Jon) |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson. (Thomas, David) |
| Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Bonasso on behalf of Boston Scientific Corporation. (Bonasso, Michael) |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 85 (Hearing on Motions to Quash and for Protective Order) entered on 09/30/2013 in MDL 2325 to attorneys in member case. (cbo) |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2682663. (Attachment: #1 Civil Cover Sheet) (mmw) |
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