Smith v. Boston Scientific Corporation
Plaintiff: Judy Smith
Defendant: Boston Scientific Corporation
Case Number: 5:2020cv02242
Filed: October 5, 2020
Court: US District Court for the Northern District of Ohio
Presiding Judge: John R Adams
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on October 21, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 21, 2020 Filing 58 Marginal Entry Order granting the parties' joint Motion to stay (Related Doc #56 ). The matter is stayed for 90 days, and the telephone status conference is hereby rescheduled for 1/26/2021 at 10:00 a.m. Judge John R. Adams on 10/21/2020.(L,J)
October 21, 2020 Filing 57 Memorandum in Support of Parties' Joint Motion to Stay Discovery and all Pretrial Deadlines filed by Defendant Boston Scientific Corporation. Related document(s) #56 . (Hughes, Angela) Modified text document not a motion on 10/21/2020 (O,K).
October 21, 2020 Filing 56 Joint Motion to stay (Temporarily) Discovery and all Pretrial Deadlines filed by Defendant Boston Scientific Corporation. (Hughes, Angela)
October 21, 2020 Set Deadlines and Hearings - Status Conference set for 1/26/2021 at 10:00 AM to be held telephonically before Judge John R. Adams. (L,J)
October 19, 2020 Filing 55 Notice of Telephone Conference with counsel only set for 10/29/2020 at 01:00 PM before Judge John R. Adams. Plaintiff shall provide the parties and the court will a conference call-in number on or before 10/29/20. (K,C)
October 19, 2020 Copy of #55 Notice of Hearing mailed to Plaintiff's Attorney Andrew F. Kirkendall and Attorney Alexander Grier Dwyer on 10/20/20. Related document(s) #55 . (K,C)
October 16, 2020 Filing 54 Motion by James H. Keale, Haroon Anwar, Eric Anielak, Jon Strongman, Matthew Keenan, Michael Bonasso, Michael Tanenbaum to withdraw as attorney filed by Defendant Boston Scientific Corporation. Related document(s) #1 . (Hughes, Angela)
October 9, 2020 Filing 53 Attorney Appearance by Angela M. Hughes filed by on behalf of Boston Scientific Corporation. Related document(s) #1 .(Hughes, Angela)
October 6, 2020 Notice to Attorney James H. Keale. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo)
October 6, 2020 Notice to Attorney Alexander Grier Dwyer. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo)
October 6, 2020 Notice to Attorney Andrew F. Kirkendall. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo)
October 6, 2020 Notice to Attorney Eric M. Anielak. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo)
October 6, 2020 Notice to Attorney Patrick H. Reilly. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo)
October 6, 2020 Notice to Attorney Jon A. Strongman. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo)
October 6, 2020 Notice to Attorney Michael A. Tanenbaum. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo)
October 6, 2020 Notice to Attorney Haroon Anwar. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo)
October 5, 2020 Filing 52 Magistrate Consent Form issued. (W,CM)
October 5, 2020 Filing 51 CASE TRANSFERRED IN from District of West Virginia Southern. Case number 2:17-cv-02483. Electronic file, transfer order and docket sheet received.
October 5, 2020 Judge John R. Adams assigned to case. (W,CM)
October 5, 2020 Copy of #52 Magistrate Consent Form and Docket Sheet mailed to Alexander Grier Dwyer, KIRKENDALL DWYER, Suite 1901, 440 Louisiana Street, Houston, TX 77002; Andrew F. Kirkendall, Kirkendall Dwyer, Ste. 200, 4343 Sigma Road, Dallas, TX 75248; Eric M. Anielak, SHOOK HARDY & BACON, 2555 Grand Boulevard, Kansas City, MO 64108-2613; James H. Keale, McCarter & English, 4 Gateway Center, 100 Mulberry Street, Newark, NJ 07102; Jon Strongman, Shook, Hardy & Bacon - Kansas City, 2555 Grand Blvd., Kansas City, MO 64108; Michael A. Tanenbaum, Tanenbaum Keale, Three Gateway Center, Ste. 1301, 100 Mulberry StreetNewark, NJ 07102; Haroon Anwar, Faegre Baker Daniels - Indianapolis, Ste. 2700, 300 North Meridian Street, Indianapolis, IN 46204; Patrick H. Reilly, Faegre Baker Daniels - Indianapolis, Ste. 2700, 300 North Meridian Street, Indianapolis, IN 46204 on 10/5/20. (W,CM)
October 5, 2020 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Carmen E. Henderson. (W,CM)
October 5, 2020 Notice by Clerk: Pursuant to Local Rule 3.13(b), Boston Scientific Corporation are reminded of their requirement to file a Corporate Disclosure Statement. (W,CM)
October 1, 2020 Filing 50 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02326 - Boston Scientific Corporation. (Attachments: #1 Exhibit ECF 161 - Stipulated Protective Order, #2 Exhibit ECF 184 - Stipulation for the Production of Docs and Electronically Stored Info, #3 Exhibit ECF 196 - New Direct Filing Order, Master Complaint, SF Complaint, #4 Exhibit ECF 197 - Master Long Form Complaint, #5 Exhibit ECF 200 - BSC_s Master Answer to Master Long Form Complaint, #6 Exhibit ECF 4826 - Pltf_s Motion and Memo Support of MTE Badylak, #7 Exhibit ECF 4976 - BSC_s Opp to Pltf_s MTE Badylak, #8 Exhibit ECF 5033 - Pltf_s Reply to Deft_s Response to Pltf_s MTE Badylak, #9 Exhibit ECF 4832 - Motion and Memo in Support of Pltf_s MTE Carabello, #10 Exhibit ECF 4974 - BSC_s Memo in Opp to Pltf_s MTE Caraballo, #11 Exhibit ECF 5030 - Pltf_s Reply in BSC_s Opp to Pltf_s MTE Caraballo, #12 Exhibit ECF 4829 - Pltf_s Combined Motion and Memo in Support of MTE Goldberg (2), #13 Exhibit ECF 4980 - BSC_s Opp to Pltf_s MTE Goldberg, #14 Exhibit ECF 5036 - Pltf_s Reply to Dft_s Response to Pltf_s Combined MTE Goldberg, #15 Exhibit ECF 4825 - Exh 1, #16 Exhibit ECF 4825 - Exh 2, #17 Exhibit ECF 4825 - Exh 3, #18 Exhibit ECF 4825 - Exh 4, #19 Exhibit ECF 4825 - Exh 5, #20 Exhibit ECF 4825 - Pltf_s Motion and Memo Support of MTE Little, #21 Exhibit ECF 4825 - Pltf_s Motion and Memo Support of MTE Little, #22 Exhibit ECF 4979 - BSC_s Response in Opp to Pltf_s MTE Little, #23 Exhibit ECF 5034 - Pltf_s Reply to Deft_s Response to Pltf_s MTE Little, #24 Exhibit ECF 4827 - Pltf_s MTE Spiegelberg and Memo in Support, #25 Exhibit ECF 4969 - BSC_s Response in Opp to Pltf_s MTE Spiegelberg, #26 Exhibit ECF 5031 - Pltf_s Reply in Support of MTE Spiegelberg, #27 Exhibit ECF 4804 - BSC_s MTE Margolis and Memo in Support, #28 Exhibit ECF 4804 - Exh A, #29 Exhibit ECF 4804 - Exh B, #30 Exhibit ECF 4804 - Exh C, #31 Exhibit ECF 4804 - Exh D, #32 Exhibit ECF 4804 - Exh E, #33 Exhibit ECF 4804 - Exh F, #34 Exhibit ECF 4804 - Exh G, #35 Exhibit ECF 4804 - Exh H, #36 Exhibit ECF 4804 - Exh I, #37 Exhibit ECF 4804 - Exh J, #38 Exhibit ECF 4960 - Pltf_s Response in Opp to BSC_s MTE Margolis, #39 Exhibit ECF 4805 - BSC_s Memo in Support of MTE Mays, #40 Exhibit ECF 4805 - BSC_s Memo of Law in Support of Testimony of Mays, #41 Exhibit ECF 4972 - Exh 1, #42 Exhibit ECF 4972 - Exh 2, #43 Exhibit ECF 4972 - Exh 3, #44 Exhibit ECF 4972 - Exh 4, #45 Exhibit ECF 4972 - Exh 5, #46 Exhibit ECF 4972 - Exh 6, #47 Exhibit ECF 4972 - Exh 7, #48 Exhibit ECF 4972 - Exh 8, #49 Exhibit ECF 4972 - Exh 9, #50 Exhibit ECF 4972 - Exh 10, #51 Exhibit ECF 4972 - Pltf_s Memo in Opp to Dft_s MTE Mays, #52 Exhibit ECF 5037 - BSC_s Reply to Pltf_s Memo in Opp to Dft_s MTE Mays, #53 Exhibit ECF 4815 - BSC_s MTE Pence and Memo in Support, #54 Exhibit ECF 4968 - Pltf_s Response in Opp to BSC_s MTE Pence, #55 Exhibit ECF 4968-1 - Exhibit A, #56 Exhibit ECF 4968-2 - Exhibit B, #57 Exhibit ECF 5038 - BSC_s Reply Memo in Support of MTE Pence, #58 Exhibit ECF 4813 - BSC_s MTE Rosenzweig, #59 Exhibit ECF 4957 - Pltf's Opposition to BSC's MTE Rosenzweig, #60 Exhibit ECF 4807 - BSC_s MTE and Memo re Veronikis, #61 Exhibit ECF 4964 - Pltf_s Response and Memo in Opp to MTE Veronikis)(Anielak, Eric) [Transferred from wvsd on 10/5/2020.]
September 18, 2020 Opinion or Order Filing 49 TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 10/2/2020 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 10/1/2020 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 9/18/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (maw) [Transferred from wvsd on 10/5/2020.]
July 29, 2020 Opinion or Order Filing 48 SHOW CAUSE ORDER directing plaintiffs to show cause by 8/28/2020 why settlements with BSC have not been completed by submission of the appropriate release to BSC; defendant BSC may respond in each individual case where a plaintiff attempts to shows cause by 9/11/2020. Signed by Judge Joseph R. Goodwin on 7/29/2020. (cc: counsel of record) (jsa) [Transferred from wvsd on 10/5/2020.]
May 30, 2018 Opinion or Order Filing 47 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 wvsd on 10/5/2020.]
May 30, 2018 Opinion or Order Filing 46 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 wvsd on 10/5/2020.]
May 30, 2018 Opinion or Order Filing 45 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 wvsd on 10/5/2020.]
May 30, 2018 Opinion or Order Filing 44 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 wvsd on 10/5/2020.]
May 30, 2018 Opinion or Order Filing 43 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 wvsd on 10/5/2020.]
May 30, 2018 Opinion or Order Filing 42 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 wvsd on 10/5/2020.]
May 30, 2018 Opinion or Order Filing 41 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 wvsd on 10/5/2020.]
May 30, 2018 Opinion or Order Filing 40 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 wvsd on 10/5/2020.]
May 30, 2018 Opinion or Order Filing 39 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Steven R. Little, Ph.D.) The Motion by Certain Plaintiffs to Exclude Opinions and Testimony of Steven R. Little, Ph.D. filed in MDL 2326 at ECF No. 4825 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) (lca) [Transferred from wvsd on 10/5/2020.]
May 30, 2018 Opinion or Order Filing 38 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 wvsd on 10/5/2020.]
May 30, 2018 Opinion or Order Filing 37 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 wvsd on 10/5/2020.]
May 30, 2018 Opinion or Order Filing 36 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 wvsd on 10/5/2020.]
May 30, 2018 Opinion or Order Filing 35 MEMORANDUM OPINION AND ORDER (Daubert Motions re: Dr. Ricardo Caraballo, M.D.) The Motions by Certain Plaintiffs to Exclude Opinions and Testimony of Dr. Ricardo Caraballo in MDL 2326 at ECF Nos. 4831 and 4832 are 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) (rmc) [Transferred from wvsd on 10/5/2020.]
May 30, 2018 Opinion or Order Filing 34 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Stephen F. Badylak, D.V.M., Ph.D., M.D.) The Motion by Certain Plaintiffs to Exclude Exclude Opinions and Testimony of Stephen F. Badylak, D.V.M., PhD., M.D. filed in MDL 2326 at ECF No. 4826 is DENIED, 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) (hkl) [Transferred from wvsd on 10/5/2020.]
May 30, 2018 Opinion or Order Filing 33 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 wvsd on 10/5/2020.]
May 30, 2018 Opinion or Order Filing 32 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 wvsd on 10/5/2020.]
May 30, 2018 Opinion or Order Filing 31 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 wvsd on 10/5/2020.]
May 29, 2018 Opinion or Order Filing 30 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 wvsd on 10/5/2020.]
February 8, 2018 Filing 29 OPPOSITION by Judy Smith to #24 MOTION/MEMORANDUM OF LAW by Boston Scientific Corporation to Exclude Supplemental Rule 26 Disclosures and Case-Specific Opinions (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Dwyer, Alexander) [Transferred from wvsd on 10/5/2020.]
February 1, 2018 Filing 28 OPPOSITION by Judy Smith to #20 MOTION by Boston Scientific Corporation to Exclude Specific Causation Testimony of Dr. Bruce Rosenzweig, M.D. (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)(Dwyer, Alexander) (Modified on 2/2/2018 to convert event to response in opposition) (kp). [Transferred from wvsd on 10/5/2020.]
February 1, 2018 Filing 27 OPPOSITION by Boston Scientific Corporation in opposition to #21 MOTION by Judy Smith to Exclude the Opinions and Testimony of Dr. Roger Goldberg (Strongman, Jon) [Transferred from wvsd on 10/5/2020.]
January 31, 2018 Filing 26 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Eric M. Anielak on behalf of Boston Scientific Corporation. (Anielak, Eric) [Transferred from wvsd on 10/5/2020.]
January 25, 2018 Filing 25 OPPOSITION by Judy Smith to #18 MOTION by Boston Scientific Corporation for Partial Summary Judgment (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)(Dwyer, Alexander) [Transferred from wvsd on 10/5/2020.]
January 25, 2018 Filing 24 MOTION/MEMORANDUM OF LAW by Boston Scientific Corporation to Exclude Supplemental Rule 26 Disclosures and Case-Specific Opinions (Attachments: #1 A - Smith, Judy - Rule 26 Disclosure, #2 B - Smith, Judy - Exhibit 1 to Disclosure, #3 C - Smith, Judy - Pltf's Supplemental Rule 26 Expert Disclosure, #4 D - Smith, Judy - Pltf's Supplemental Rule 26 Expert Disclosure - Exhibit 1)(Keale, James) [Transferred from wvsd on 10/5/2020.]
January 24, 2018 Filing 23 NOTICE OF APPEARANCE by James H. Keale on behalf of Boston Scientific Corporation. (Keale, James) [Transferred from wvsd on 10/5/2020.]
January 17, 2018 Opinion or Order 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) (mks) [Transferred from wvsd on 10/5/2020.]
January 11, 2018 Filing 21 MOTION AND MEMORANDUM OF LAW by Judy Smith to Exclude the Opinions and Testimony of Dr. Roger Goldberg. (Attachment: #1 Exhibit A)(Dwyer, Alexander) [Transferred from wvsd on 10/5/2020.]
January 10, 2018 Filing 20 MOTION by Boston Scientific Corporation to Exclude Specific Causation Testimony of Dr. Bruce Rosenzweig, M.D. and MEMORANDUM IN SUPPORT. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Strongman, Jon) [Transferred from wvsd on 10/5/2020.]
January 6, 2018 Filing 19 CERTIFICATE OF SERVICE by Judy Smith for Supplemental Rule 26 Expert Disclosure. (Dwyer, Alexander) [Transferred from wvsd on 10/5/2020.]
January 4, 2018 Filing 18 MOTION by Boston Scientific Corporation for Partial Summary Judgment and MEMORANDUM IN SUPPORT (Attachments: #1 Exhibit A - Smith, Judy SF Complaint (04.21.17), #2 Exhibit B - Dr. Rooney Medical Records, #3 Exhibit C - Ms. Smith Deposition, #4 Exhibit D - Smith, Judy_PFS (Served), #5 Exhibit E - Plaintiff Produced Records (Smith), #6 Exhibit F - Lynx DFU Rev G) (Tanenbaum, Michael) [Transferred from wvsd on 10/5/2020.]
November 20, 2017 Filing 17 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Rule 26 Designation and Disclosure of Expert Witnesses. (Strongman, Jon) [Transferred from wvsd on 10/5/2020.]
October 19, 2017 Filing 16 CERTIFICATE OF SERVICE by Judy Smith for Designation and Disclosure of General and Case Specific Expert Witnesses. (Dwyer, Alexander) [Transferred from wvsd on 10/5/2020.]
October 6, 2017 Filing 15 FIRST AMENDED NOTICE OF STENOGRAPHIC DEPOSITION by Judy Smith of Christopher Rooney, MD on 11/6/2017 at 12:00 PM (Kirkendall, Andrew) [Transferred from wvsd on 10/5/2020.]
September 26, 2017 Filing 14 NOTICE OF STENOGRAPHIC DEPOSITION by Judy Smith of Christopher Rooney, MD on 11/6/2017 at 12:00 PM (Dwyer, Alexander) [Transferred from wvsd on 10/5/2020.]
September 25, 2017 Filing 13 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Judy Smith on September 28, 2017 at 9:00 a.m. (Anwar, Haroon) [Transferred from wvsd on 10/5/2020.]
September 8, 2017 Filing 12 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Haroon Anwar on behalf of Boston Scientific Corporation. (Anwar, Haroon) [Transferred from wvsd on 10/5/2020.]
September 8, 2017 Filing 11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Patrick H. Reilly on behalf of Boston Scientific Corporation. (Reilly, Patrick) [Transferred from wvsd on 10/5/2020.]
September 7, 2017 Opinion or Order Filing 10 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) (drs) [Transferred from wvsd on 10/5/2020.]
August 11, 2017 Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael A. Tanenbaum on behalf of Boston Scientific Corporation. (Tanenbaum, Michael) [Transferred from wvsd on 10/5/2020.]
July 21, 2017 Filing 8 PLAINTIFF FACT SHEET filed by Judy Smith. (Kirkendall, Andrew) [Transferred from wvsd on 10/5/2020.]
June 21, 2017 Opinion or Order 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) (rec) [Transferred from wvsd on 10/5/2020.]
June 8, 2017 Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Bonasso on behalf of Boston Scientific Corporation. (Bonasso, Michael) [Transferred from wvsd on 10/5/2020.]
June 6, 2017 Filing 5 PLAINTIFF PROFILE FORM filed by Judy Smith. (Kirkendall, Andrew) [Transferred from wvsd on 10/5/2020.]
May 3, 2017 Filing 4 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon A. Strongman on 5/2/2017. Boston Scientific Corporation waiver mailed on 4/28/2017, answer due 6/27/2017. (Strongman, Jon) [Transferred from wvsd on 10/5/2020.]
May 3, 2017 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 wvsd on 10/5/2020.]
April 24, 2017 Filing 2 TRANSMITTED PRETRIAL ORDER # 158 (First Amended Order re: Production of Case-Specific Information for BSC MDL Plaintiffs) entered on 03/16/2017 in MDL 2326 to attorneys in member case. (hkl) [Transferred from wvsd on 10/5/2020.]
April 21, 2017 Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-5534699. (Attachment: #1 Civil Cover Sheet) (mlh) [Transferred from wvsd on 10/5/2020.]

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Defendant: Boston Scientific Corporation
Represented By: Eric M. Anielak
Represented By: Michael A. Tanenbaum
Represented By: Michael Bonasso
Represented By: Haroon Anwar
Represented By: Patrick H. Reilly
Represented By: Jon Strongman
Represented By: James H. Keale
Represented By: Angela M. Hughes
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Plaintiff: Judy Smith
Represented By: Andrew F. Kirkendall
Represented By: Alexander Grier Dwyer
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