Marlin v. Boston Scientific Corporation
Plaintiff: Georgia S. Marlin
Defendant: Boston Scientific Corporation
Case Number: 8:2020cv00181
Filed: May 13, 2020
Court: US District Court for the District of Nebraska
Presiding Judge: Susan M Bazis
Referring Judge: Brian C Buescher
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 13, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 13, 2020 Filing 60 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant Boston Scientific Corporation. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires. (LKO)
May 13, 2020 Filing 59 ATTORNEY LETTER by Clerk that Attorney Michael Bonasso has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LKO)
May 13, 2020 Filing 58 ATTORNEY LETTER by Clerk that Attorney Michael A. Tanenbaum has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LKO)
May 13, 2020 Filing 57 ATTORNEY LETTER by Clerk that Attorney Jon A. Strongman has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LKO)
May 13, 2020 Filing 56 ATTORNEY LETTER by Clerk that Attorney James H. Keale has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LKO)
May 13, 2020 Filing 55 ATTORNEY LETTER by Clerk that Attorney Diane Watkins has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LKO)
May 13, 2020 Filing 54 ATTORNEY LETTER by Clerk that Attorney Wesley Chadwick Cook has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LKO)
May 13, 2020 Filing 53 ATTORNEY LETTER by Clerk that Attorney Thomas P. Cartmell has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LKO)
May 13, 2020 Filing 52 ATTORNEY LETTER by Clerk that Attorney P. Leigh O'Dell has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LKO)
May 13, 2020 Filing 51 ATTORNEY LETTER by Clerk that Attorney Lindsey Scarcello has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LKO)
May 13, 2020 Filing 50 ATTORNEY LETTER by Clerk that Attorney Jeffrey Kuntz has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LKO)
May 13, 2020 Filing 49 ATTORNEY LETTER by Clerk that Attorney Andy Dow Birchfield, Jr. has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LKO)
May 13, 2020 Filing 48 TEXT NOTICE OF JUDGES ASSIGNED: Judge Brian C. Buescher and Magistrate Judge Susan M. Bazis assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LKO)
May 13, 2020 Filing 47 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-02188. Original electronic file received.
May 11, 2020 Filing 46 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02326 - Boston Scientific Corporation. (Attachments: #1 Exhibit 1 - ECF 161 - Stipulated Protective Order (PTO-11), #2 Exhibit 2 - ECF 184 - Stipulation for the Production of Docs and Electronically Stored Info BSC (PTO-13), #3 Exhibit 3 - ECF 196 - New Direct Filing Order, Master Complaint, SF Complaint (PTO-14), #4 Exhibit 4 - ECF 197 - Master Long Form Complaint, #5 Exhibit 5 - ECF 200 - BSC's Master Answer to Master Long Form Complaint, #6 Exhibit 6 - ECF 7153 - Docket Control Order - BSC Wave 5 Cases (PTO-196), #7 Exhibit 7 - ECF 8077 - Pltf_s Notice of Adoption of Prior Daubert Motion of Dr. Badylak, #8 Exhibit 8 - ECF 4826 - Pltf_s MTE Testimony of Stephen Badylak, DVM, #9 Exhibit 9 - ECF 5033 - Pltf_s Reply to Deft_s Response to Pltf_s MTE Testimony of Badylak, #10 Exhibit 10 - ECF 8142 - BSC_s Notice of Adoption of Prior Daubert Response re Badylak, PhD, #11 Exhibit 11 - ECF 4976 - BSC_s Opp to Pltf_s MTE Testimony of Stephen Badylak, BVM, PhD, MD, #12 Exhibit 12 - ECF 6041 - Memo Opinion and Order re Daubert Motion re Dr. Stephen Badylak, #13 Exhibit 13 - ECF 8076 - Pltf_s Notice of Adoption of Prior Daubert Motion of Dr. Spiegelberg, #14 Exhibit 14 - ECF 7004 - Pltf_s MTE Opinions and Testimony of Stephen Spiegelberg, PhD, #15 Exhibit 15 - ECF 7160 - Pltf_s Reply in Support of MTE Testimony of Stephen Spiegelberg, PhD, #16 Exhibit 16 - ECF 8149 - BSC_s Notice of Adoption of Prior Daubert Response re Spiegelberg, PhD, #17 Exhibit 17 - ECF 7088 - BSC_s Response in Opp to Pltf_s MTE Testimony of Stephen Spiegelberg, PhD, #18 Exhibit 18 - ECF 4969 - Response in Opp to Pltf_s MTE Testimony of Spiegelberg, PhD, #19 Exhibit 19 - ECF 6049 - Memo Opinion and Order re Daubert Motion re Spiegelberg, #20 Exhibit 20 - ECF 4825 - Pltf's MTE Testimony of Steven Little, PhD - Part 1, #21 Exhibit 20 - ECF 4825 - Exh1 - Part 2, #22 Exhibit 20 - ECF 4825 - Exh2 - Part 3, #23 Exhibit 20 - ECF 4825 - Exh3 - Part 4, #24 Exhibit 20 - ECF 4825 - Exh4 - Part 5, #25 Exhibit 20 - ECF 4825 - Exh5 - Part 6, #26 Exhibit 21 - ECF 4979 - Response in Opp to Pltf_s MTE Testimony of Little, PhD, #27 Exhibit 22 - ECF 5034 - Pltf_s Reply to Deft_s Response to Pltf_s MTE Testimony of Little, PhD, #28 Exhibit 23 - ECF 8088 - Pltf_s Notice of Adoption of Prior Daubert Motion of Dr. Little, #29 Exhibit 24 - ECF 8141 - BSC_s Notice of Adoption of Prior Daubert Response re Little, PhD, #30 Exhibit 25 - ECF 6044 - Memo Opinion and Order re Daubert Motion re Dr. Steven Little, #31 Exhibit 26 - ECF 4833 - Pltf_s MTE of Peter Rosenblatt, MD, #32 Exhibit 27 - ECF 4978 - Memo in Opp to Pltf_s MTE Testimony of Dr. Peter Rosenblatt, #33 Exhibit 28 - ECF 5039 - Pltf_s Reply Brief in Support of MTE Testimony of Rosenblatt, MD, #34 Exhibit 29 - ECF 8074 - Pltf_s Notice of Adoption of Prior Daubert Motion of Dr. Rosenblatt.PDF, #35 Exhibit 30 - ECF 8140 - BSC_s Notice of Adoption of Prior Daubert Response re Rosenblatt, MD, #36 Exhibit 31 - ECF 6047 - Memo Opinion and Order re Daubert Motion re Dr. Peter Rosenblatt, #37 Exhibit 32 - ECF 8084 - BSC_s MTE General Causation Testimony of Rosenzweig, MD and Memo in Support - Part 1, #38 Exhibit 32 - ECF 8084 - EX A - Part 2, #39 Exhibit 32 - ECF 8084 - EX B1 - Part 3, #40 Exhibit 32 - ECF 8084 - EX B2 - Part 4, #41 Exhibit 32 - ECF 8084 - EX B3 - Part 5, #42 Exhibit 32 - ECF 8084 - EX B4 - Part 6, #43 Exhibit 32 - ECF 8084 - EX C - Part 7, #44 Exhibit 32 - ECF 8084 - EX D - Part 8, #45 Exhibit 33 - ECF 8117 - Pltf_s Response and Memo in Opp to BSC_s MTE Testimony of Rosenzweig, #46 Exhibit 34 - ECF 8164 - BSC_s Reply in Support of MTE General Causation Testimony of Rosenzweig, MD, #47 Exhibit 35 - ECF 6039 - Memo Opinion and Order re Daubert Motion re Rosenzweig, #48 Exhibit 36 - ECF 8066 - BSC_s Notice of Adoption of Prior Daubert MTE Jimmy Mays, PhD, #49 Exhibit 37 - ECF 4805 - BSC_s Memo of Law in Support of Testimony of Jimmy Mays, PhD, #50 Exhibit 38 - ECF 8119 - Pltf_s Notice of Adoption of Prior Daubert Response re Mays, #51 Exhibit 39 - ECF 4972 - Pltf_s Memo in Opp to Deft_s MTE Testimony of Mays, PhD - Part 1, #52 Exhibit 39 - ECF 4972 - Ex1 - Part 2, #53 Exhibit 39 - ECF 4972 - Ex2 - Part 3, #54 Exhibit 39 - ECF 4972 - Ex3 - Part 4, #55 Exhibit 39 - ECF 4972 - Ex4 - Part 5, #56 Exhibit 39 - ECF 4972 - Ex5 - Part 6, #57 Exhibit 39 - ECF 4972 - Ex6 - Part 7, #58 Exhibit 39 - ECF 4972 - Ex7 - Part 8, #59 Exhibit 39 - ECF 4972 - Ex8 - Part 9, #60 Exhibit 39 - ECF 4972 - Ex9 - Part 10, #61 Exhibit 39 - ECF 4972 - Ex10 - Part 11, #62 Exhibit 40 - ECF 8165 - BSC_s Notice of Adoption of Reply to Pltf_s Memo in Opp to MTE Testimony of Mays, #63 Exhibit 41- ECF 5037 - BSC_s Reply to Pltf_s Memo in Opp to Deft_s MTE Testimony of Mays, Ph.D., #64 Exhibit 42 - ECF 6036 - Memo Opinion and Order re Daubert Motion re Dr. Jimmy Mays, #65 Exhibit 43 - ECF 8085 - BSC's Notice of Adoption of Prior Daubert MTE Jerry Blaivas, MD, #66 Exhibit 44 - ECF 4822 - BSC's MTE Testimony of Jerry Blaivas and Memo in Support, #67 Exhibit 45 - ECF 6029 - Memo Opinion and Order re Daubert Motion re Dr. Jerry Blaivas, #68 Exhibit 46 - ECF 8106 - Pltf's Notice of Adoption of Prior Daubert Response re Blaivas, #69 Exhibit 47 - ECF 4962 - Pltfs Opp to BSC_s MTE Dr. Jerry Blaivas, #70 Exhibit 48 - ECF 8071 - BSC_s Notice of Adoption of Prior Daubert MTE Peggy Pence, PhD, #71 Exhibit 49 - ECF 4815 - BSC_s MTE Testimony of Peggy Pence, PhD and Memo in Support, #72 Exhibit 50 - ECF 8111 - Pltf_s Notice of Adoption of Prior Daubert Response re Pence, #73 Exhibit 51 - ECF 4968 - Pltf_s Response in Opp to BSC_s MTE Testimony of Pence, PhD, #74 Exhibit 52 - ECF 8166 - BSC_s Notice of Adoption of Reply Memo in Support of MTE Testimony of Pence, PhD, #75 Exhibit 53 - ECF 5038 - BSC_s Reply Memo in Support of MTE Testimony of Pence, PhD, #76 Exhibit 54 - ECF 6038 - Memo Opinion and Order re Daubert Motion re Dr. Peggy Pence, #77 Exhibit 55 - ECF 275 - BSC's Opposition to Pltf's MTE Stephen Spiegelberg, PhD)(Strongman, Jon) [Transferred from West Virginia Southern on 5/13/2020.]
April 28, 2020 Opinion or Order Filing 45 TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 5/12/2020 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 5/11/2020 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 4/28/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (mms) [Transferred from West Virginia Southern on 5/13/2020.]
May 28, 2019 Filing 44 MEMORANDUM by Georgia S. Marlin in opposition to #41 MOTION by Boston Scientific Corporation for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Watkins, Diane) [Transferred from West Virginia Southern on 5/13/2020.]
May 28, 2019 Filing 43 MEMORANDUM by Boston Scientific Corporation in opposition to #42 MOTION by Georgia S. Marlin to Exclude Certain Opinions and Testimony of Karyn Eilber, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Anielak, Eric) [Transferred from West Virginia Southern on 5/13/2020.]
May 13, 2019 Filing 42 MOTION by Georgia S. Marlin to Exclude Certain Opinions and Testimony of Karyn Eilber, M.D. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Cartmell, Thomas) [Transferred from West Virginia Southern on 5/13/2020.]
May 13, 2019 Filing 41 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, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Strongman, Jon) [Transferred from West Virginia Southern on 5/13/2020.]
April 30, 2019 Filing 40 NOTICE TO TAKE DEPOSITION by Georgia S. Marlin of Karyn S. Eilber, M.D. on May 1, 2019 at 1:30 (Watkins, Diane) [Transferred from West Virginia Southern on 5/13/2020.]
April 23, 2019 Filing 39 NOTICE OF DEPOSITION by Boston Scientific Corporation of Friends and Family on TBD at TBD (Tanenbaum, Michael) [Transferred from West Virginia Southern on 5/13/2020.]
April 17, 2019 Filing 38 NOTICE OF DEPOSITION by Boston Scientific Corporation of Millicent Dickeson on TBD at TBD (Tanenbaum, Michael) [Transferred from West Virginia Southern on 5/13/2020.]
April 9, 2019 Filing 37 PLAINTIFF'S Response to #34 NOTICE TO TAKE VIDEOTAPED DEPOSITION by Boston Scientific Corporation of Dr. Bruce Rosenzweig on April 10, 2019 at 10:00 am by Georgia S. Marlin (Watkins, Diane) [Transferred from West Virginia Southern on 5/13/2020.]
March 25, 2019 Filing 36 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Brook A. Liggett, CPA on March 27, 2019 at 10:00 am (Strongman, Jon) [Transferred from West Virginia Southern on 5/13/2020.]
March 25, 2019 Filing 35 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Lindsey Scarcello on behalf of Georgia S. Marlin. (Scarcello, Lindsey) [Transferred from West Virginia Southern on 5/13/2020.]
March 15, 2019 Filing 34 NOTICE TO TAKE VIDEOTAPED DEPOSITION by Boston Scientific Corporation of Dr. Bruce Rosenzweig on April 10, 2019 at 10:00 am (Strongman, Jon) [Transferred from West Virginia Southern on 5/13/2020.]
March 7, 2019 Filing 33 RESPONSE and OBJECTIONS by Georgia S. Marlin To #31 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Georgia Marlin on March 8, 2019 at 9:00 a.m (Watkins, Diane) [Transferred from West Virginia Southern on 5/13/2020.]
February 22, 2019 Filing 32 CERTIFICATE OF SERVICE by Georgia S. Marlin for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Watkins, Diane) [Transferred from West Virginia Southern on 5/13/2020.]
February 11, 2019 Filing 31 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Georgia Marlin on March 8, 2019 at 9:00 a.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 5/13/2020.]
January 31, 2019 Filing 30 CROSS-NOTICE OF VIDEOTAPED DEPOSITION DUCES TECUM by Georgia S. Marlin of Emily Kean, M.D. on February 4, 2019 at 9:00 a.m. (Watkins, Diane) [Transferred from West Virginia Southern on 5/13/2020.]
January 22, 2019 Filing 29 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Responses to Interrogatories, Request for Production and Request for Admissions. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 5/13/2020.]
January 18, 2019 Filing 28 CERTIFICATE OF SERVICE by Georgia S. Marlin for Responses and Objections to Defendant Boston Scientific Corporation's First Request for Production of Documents. (Kuntz, Jeffrey) [Transferred from West Virginia Southern on 5/13/2020.]
January 18, 2019 Filing 27 CERTIFICATE OF SERVICE by Georgia S. Marlin for Answers and Objections to Defendant Boston Scientific Corporation's First Interrogatories. (Kuntz, Jeffrey) [Transferred from West Virginia Southern on 5/13/2020.]
January 17, 2019 Filing 26 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Diane K. Watkins on behalf of Georgia S. Marlin. (Watkins, Diane) [Transferred from West Virginia Southern on 5/13/2020.]
January 15, 2019 Filing 25 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Dr. Emily Kean on February 4, 2019 at 9:00 a.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 5/13/2020.]
December 31, 2018 Filing 24 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Georgia Marlin on February 8, 2019 at 9:00 a.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 5/13/2020.]
December 21, 2018 Filing 23 CERTIFICATE OF SERVICE by Georgia S. Marlin for First Set Interrogatories, Request for Production of Documents, and First Set of Requests for Admission. (Kuntz, Jeffrey) [Transferred from West Virginia Southern on 5/13/2020.]
December 21, 2018 Filing 22 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Interrogatories and Request for Production. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 5/13/2020.]
December 11, 2018 Filing 21 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Georgia Marlin on February 11, 2019 at 2:00 p.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 5/13/2020.]
December 11, 2018 Filing 20 FIRST AMENDED PLAINTIFF FACT SHEET filed by Georgia S. Marlin. (Kuntz, Jeffrey) [Transferred from West Virginia Southern on 5/13/2020.]
December 4, 2018 Filing 19 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Robert Moore on January 14, 2019 at 10:00 a.m (Tanenbaum, Michael) [Transferred from West Virginia Southern on 5/13/2020.]
December 4, 2018 Filing 18 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Emily Kean Puccioni on January 11, 2019 at 2:00 p.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 5/13/2020.]
November 30, 2018 Filing 17 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Plaintiff Fact Sheet Deficiency Letter. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 5/13/2020.]
November 15, 2018 Filing 16 PLAINTIFF FACT SHEET filed by Georgia S. Marlin. (Cartmell, Thomas) [Transferred from West Virginia Southern on 5/13/2020.]
November 14, 2018 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 5/13/2020.]
November 14, 2018 Filing 14 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by James H. Keale on behalf of Boston Scientific Corporation. (Keale, James) [Transferred from West Virginia Southern on 5/13/2020.]
November 6, 2018 Filing 12 NOTICE OF ATTORNEY APPEARANCE by Thomas P. Cartmell on behalf of Georgia S. Marlin. (Cartmell, Thomas) [Transferred from West Virginia Southern on 5/13/2020.]
November 6, 2018 Filing 11 NOTICE OF ATTORNEY APPEARANCE by Jeffrey M. Kuntz on behalf of Georgia S. Marlin. (Kuntz, Jeffrey) [Transferred from West Virginia Southern on 5/13/2020.]
October 31, 2018 Opinion or Order Filing 13 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) (mek) (ADI) [Transferred from West Virginia Southern on 5/13/2020.]
August 15, 2018 Opinion or Order Filing 10 ORDER The deadline to submit joint motions of dismissal is extended to 10/31/2018 for all cases in MDL 2326 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2326 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 8/15/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases on inactive docket) (brn) (ADI) [Transferred from West Virginia Southern on 5/13/2020.]
May 1, 2018 Opinion or Order Filing 9 ORDER (CHANGE TO CHARACTERIZATION BY CLERK'S OFFICE OF CASES ON INACTIVE DOCKET) It is directed that in all cases with an inactive docket order which resulted in "Closed" and "MDL Boston Inactive" flags on the docket sheet, the Clerk is directed to update the docket by removing the "Closed" flag from the docket sheet and leaving the "MDL Boston Inactive" flag, for reasons set forth herein. Signed by Judge Joseph R. Goodwin on 4/26/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Member Cases Flagged "Closed" and "MDL Boston Inactive") (lca) (ADI) [Transferred from West Virginia Southern on 5/13/2020.]
March 21, 2018 Opinion or Order Filing 8 ORDER The deadline to submit joint motions of dismissal is extended to 8/31/2018 for all cases in MDL 2326 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2326 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 3/16/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases on inactive docket) (kab) [Transferred from West Virginia Southern on 5/13/2020.]
October 19, 2017 Opinion or Order Filing 7 ORDER The deadline to submit joint motions of dismissal is extended to 3/31/2018 for all cases in MDL 2326 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2326 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 10/19/2017. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases on inactive docket). (klc) (ADI) [Transferred from West Virginia Southern on 5/13/2020.]
September 14, 2016 Opinion or Order Filing 6 INACTIVE DOCKET ORDER: The court has been advised that the plaintiff(s) and Boston Scientific Corporation have reached a settlement with regard to BSC. All discovery deadlines are continued until further order of the court. The Clerk is directed to retire this case from the active docket. Plaintiff(s) and BSC may submit an agreed order of dismissal with prejudice on or before 3/1/2017; if settlements are not finalized and dismissal orders are not submitted by then the Court will have a hearing to determine the appropriate action pertaining to any remaining cases on the inactive docket. Counsel for plaintiffs and defendant(s) are directed to provide quarterly reports as to their progress in dismissing cases on the inactive docket. The court will reinstate the case to the active docket if one of the parties shows good cause for such reinstatement. This Order is related to the Proposed Inactive Docket Order filed at ECF No. 1554 in MDL Case No. 2326 Boston. Signed by Judge Joseph R. Goodwin on 9/14/2016. (cc: attys; any unrepresented party) (jsa) [Transferred from West Virginia Southern on 5/13/2020.]
April 10, 2013 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 5/13/2020.]
March 12, 2013 Filing 4 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon A. Strongman/Partner on 02/21/2013. Boston Scientific Corporation waiver mailed on 2/11/2013, answer due 4/12/2013. (Strongman, Jon) [Transferred from West Virginia Southern on 5/13/2020.]
March 12, 2013 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 5/13/2020.]
February 11, 2013 Filing 2 TRANSMITTED PRETRIAL ORDER # 35 (Revised Verifications and Authorizations attached to Plaintiff Profile Form) entered on 01/24/2013 in MDL 2326 to attorneys in member case. (Attachment: #1 Verifications and Authorizations) (jap) [Transferred from West Virginia Southern on 5/13/2020.]
February 7, 2013 Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2214680. (Attachment: #1 Civil Cover Sheet) (gjb) [Transferred from West Virginia Southern on 5/13/2020.]

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Defendant: Boston Scientific Corporation
Represented By: James H. Keale
Represented By: Michael Bonasso
Represented By: Jon A. Strongman
Represented By: Michael A. Tanenbaum
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Plaintiff: Georgia S. Marlin
Represented By: Diane K. Watkins
Represented By: Andy Dow Birchfield, Jr.
Represented By: Jeffrey M. Kuntz
Represented By: Lindsey Scarcello
Represented By: P. Leigh O'Dell
Represented By: Wesley Chadwick Cook
Represented By: Thomas P. Cartmell
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