Wright et al v. American Medical Systems, Inc.
| Steven L. Wright and Gwendolyn C. Wright |
| American Medical Systems Inc |
| 5:2020cv00219 |
| March 10, 2020 |
| US District Court for the Western District of Oklahoma |
| Joe Heaton |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 9, 2020. A more recent docket listing may be available from PACER.
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Filing 72
SCHEDULING ORDER: Motions in limine due 03/15/2021; Jury instructions due 03/15/2021; Voir dire requests due 03/15/2021; Trial briefs due 03/15/2021; ADR Completion Date due by 11/1/2020. Discovery due by 12/1/2020. Jury Trial set on the court's 04/2021 trial docket in Courtroom 501 before Honorable Joe Heaton. Motions due by 10/1/2020. Pretrial Report due by 3/15/2021. Signed by Honorable Joe Heaton on 04/08/2020. (lam)
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| Filing 71 JOINT STATUS REPORT AND DISCOVERY PLAN by Plaintiffs Gwendolyn C. Wright, Steven L. Wright. (Keith, Sean) |
| Filing 70 ENTER ORDER the 04/08/2020 @ 10:00 a.m., civil status conference will be held via teleconference rather than in chambers. The parties are to jointly initiate the telephone call to chambers at the designated time by calling 405-609-5601. Signed by Honorable Joe Heaton on 04/01/2020. (lam) |
| Filing 69 ENTER ORDER this case is set for a civil status conference on 04/08/2020 @ 10:00 a.m., in Chambers...the parties shall file their joint status report and joint discovery plan not later than 04/06/2020. Signed by Honorable Joe Heaton on 03/26/2020. (lam) |
| Filing 68 ENTRY of Appearance by Sarah S Ruane on behalf of Gwendolyn C. Wright, Steven L. Wright (Ruane, Sarah) |
| Filing 67 ENTRY of Appearance by Jeffrey M Kuntz on behalf of Gwendolyn C. Wright, Steven L. Wright (Kuntz, Jeffrey) |
| Filing 66 ENTRY of Appearance by Sean T Keith on behalf of Gwendolyn C. Wright, Steven L. Wright (Keith, Sean) |
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Filing 65
ORDER granting #61 Jeffrey M. Koontz, Esq.'s motion for leave to appear pro hac vice. Signed by Honorable Joe Heaton on 03/18/2020. (lam)
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Filing 64
ORDER granting #59 Sean T. Keith, Esq., and Sarah S. Ruane, Esq.'s motions for leave to appear pro hac vice. Signed by Honorable Joe Heaton on 03/17/2020. (lam)
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| Filing 63 ENTRY of Appearance by Michael J Salimbene on behalf of American Medical Systems Inc (Salimbene, Michael) |
| Filing 62 ENTRY of Appearance by William J McDonough on behalf of American Medical Systems Inc (McDonough, William) |
| Filing 61 FIRST MOTION for Leave to Appear Pro Hac Vice for Jeffrey M. Kuntz, Esq. Filing fee $ 50, receipt number 1087-3119609 by All Plaintiffs. (Attachments: #1 Exhibit Req. Adm. PHV - Kuntz)(Mears, Marcus) |
| Filing 60 FIRST MOTION for Leave to Appear Pro Hac Vice for Sarah S. Ruane, Esq. Filing fee $ 50, receipt number 1087-3119400 by All Plaintiffs. (Attachments: #1 Exhibit Req. Adm. PHV - Ruane)(Mears, Marcus) |
| Filing 59 FIRST MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 1087-3119376 by All Plaintiffs. (Attachments: #1 Exhibit Req. Adm. PHV - Keith)(Mears, Marcus) |
| Filing 58 ENTRY of Appearance by Marcus P Mears, II on behalf of All Plaintiffs (Mears, Marcus) |
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Filing 57
ORDER granting #56 Michael J. Salimbene, Esq's motion for leave to appear pro hac vice. Signed by Honorable Joe Heaton on 03/12/2020. (lam)
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| Filing 56 MOTION for Leave to Appear Pro Hac Vice of Michael J. Salimbene by American Medical Systems Inc. (Attachments: #1 Exhibit Request for Admission Pro Hac Vice)(Zschiesche, Raymond) |
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Filing 55
ORDER granting #54 William J. McDonough, Esq., motion for leave to appear pro hac vice. Signed by Honorable Joe Heaton on 03/12/2020. (lam)
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| Filing 54 MOTION for Leave to Appear Pro Hac Vice of William J. McDonough by American Medical Systems Inc. (Attachments: #1 Exhibit Request for Admission Pro Hac Vice)(Zschiesche, Raymond) |
| Filing 53 ENTER ORDER. Counsel for the parties are directed to file their entries of appearance conforming toLCvR83.4 not later than March 16, 2020. Counsel shall also comply with the localcounsel requirement of LCvR83.3. Signed by direction of the Honorable Joe Heaton on 3/11/2020. (rb) |
| Filing 52 STRICKEN MOTION for Leave to Appear Pro Hac Vice of William J. McDonough Filing fee $ 50, receipt number 1087-3117455 by American Medical Systems Inc. (Zschiesche, Raymond) |
| Filing 51 STRICKEN MOTION for Leave to Appear Pro Hac Vice of Michael J. Salimbene Filing fee $ 50, receipt number 1087-3117446 by American Medical Systems Inc. (Zschiesche, Raymond) |
| Filing 50 ENTRY of Appearance by Raymond E Zschiesche on behalf of American Medical Systems Inc (Zschiesche, Raymond) |
| NOTICE from the Court: #52 MOTION for Leave to Appear Pro Hac Vice of William J. McDonough, #51 MOTION for Leave to Appear Pro Hac Vice of Michael J. Salimbene have been STRICKEN for failure to comply with LCvR83.2.g. Counsel to refile. The Pro Hac Vice Fee does NOT need to be paid a second time. (rb) |
| Filing 49 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-23426. |
| Filing 48 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02325 - American Medical Systems, Inc. (Attachments: #1 Supplement ECF 1229 - PTO 169, #2 Supplement ECF 288 - PTO 17, #3 Supplement ECF 289 - Master Long Form Complaint and Jury Demand, #4 Supplement ECF 290 - Short Form Complaint, #5 Supplement ECF 291 - Amended Short Form Complaint, #6 Supplement ECF 292 - AMS Answer and Defense to P's Master LF Complaint, #7 Supplement ECF 748 - PTO 73, #8 Supplement ECF 1234 - PTO 171, #9 Supplement ECF 7475 - AMS Daubert Motion to Exclude Rosenzweig, #10 Supplement ECF 7478 - AMS Brief ISO Rosenzweig Motion, #11 Supplement ECF 6836 - P's Opposition re Daubert on Rosenzweig, #12 Supplement ECF 7411 - P's Memo in Opposition of Excluding on Rosenzweig, #13 Supplement ECF 7481 - P's Adoption of Badylak, Becker, Kozak, and Coad Daubert Motions, #14 Supplement ECF 83 - P's Motion to Exclude Becker, #15 Supplement ECF 84 - P's Memo in Support of Motion on Becker, #16 Supplement ECF 96 - P's Motion to Exclude Badylak, #17 Supplement ECF 97 - P's Memo in Support of Motion on Badylak, #18 Supplement ECF 134 - AMS Opposition to P's Motion on Becker, #19 Supplement ECF 135 - AMS Opposition to P's Motion on Badylak Part 1 of 3, #20 Supplement ECF 135 - AMS Opposition to P's Motion on Badylak Part 2 of 3, #21 Supplement ECF 135 - AMS Opposition to P's Motion on Badylak Part 3 of 3, #22 Supplement ECF 143 - P's Reply Memo in Support of Motion to Exclude Becker, #23 Supplement ECF 7494 - AMS Response to P's Adoption re Becker, #24 Supplement ECF 7495 - AMS Adoption of Response to Daubert on Kozak, #25 Supplement ECF 7496 - AMS Response in Opposition to Motion on Badylak Part 1 of 3, #26 Supplement ECF 7496 - AMS Response in Opposition to Motion on Badylak Part 2 of 3, #27 Supplement ECF 7496 - AMS Response in Opposition to Motion on Badylak Part 3 of 3, #28 Supplement ECF 7497 - AMS Response in Opposition re Motion on Coad, #29 Supplement ECF 7501 - AMS Adoption of Response re Rosenzweig, #30 Supplement ECF 7512 - AMS Reply Brief re Daubert Motion on Rosenzweig, #31 Supplement ECF 7532 - P's Adoption of Response re Badylak, #32 Supplement ECF 7467 - AMS Daubert Motion on Blaivas, #33 Supplement ECF 7468 - Brief ISO Daubert on Blaivas, #34 Supplement ECF 7492 - P's Adoption of Response re Blaivas, #35 Supplement ECF 6787 - P's Memo in Opposition re Garely, Blaivas, Galloway, #36 Supplement ECF 6789 - P's Response re Garely, Blaivas, Galloway, #37 Supplement ECF 7509 - AMS Reply on Daubert Blaivas, #38 Supplement ECF 7477 - AMS Daubert Motion on Mays, #39 Supplement ECF 7480 - AMS Brief in Support of Motion on Mays, #40 Supplement ECF 7469 - AMS Daubert Motion on Guelcher, #41 Supplement ECF 7470 - AMS Brief in Support of Motion on Guelcher, #42 Supplement ECF 6790 - P's Opposition re Guelcher and Mays Part 1 of 2, #43 Supplement ECF 6790 - P's Opposition re Guelcher and Mays Part 2 of 2, #44 Supplement ECF 7410 - P's Opposition to Mays Daubert, #45 Supplement ECF 7414 - P's Response on Guelcher Part 1 of 2, #46 Supplement ECF 7414 - P's Response on Guelcher Part 2 of 2, #47 Supplement ECF 7500 - P's Adoption of Response re Guelcher, #48 Supplement ECF 7505 - AMS Reply re Guelcher Motion)(Binis, Barbara) [Transferred from West Virginia Southern on 3/10/2020.] |
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Filing 47
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 03/10/2020 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 03/09/2020 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 02/25/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2325; Cases Listed on Exhibit A) (mms) [Transferred from West Virginia Southern on 3/10/2020.]
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| Filing 46 SUR-REPLY by Gwendolyn C. Wright, Steven L. Wright to #36 Reply to Response. (ts) [Transferred from West Virginia Southern on 3/10/2020.] |
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Filing 45
ORDER granting #38 MOTION by Gwendolyn C. Wright, Steven L. Wright for Leave to File Sur-Reply. Signed by Judge Joseph R. Goodwin on 12/10/2019. (cc: attys; any unrepresented party) (ts) [Transferred from West Virginia Southern on 3/10/2020.]
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| Filing 44 BRIEF by Gwendolyn C. Wright, Steven L. Wright in support of #43 Reply to Response. (Keith, Sean) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 43 REPLY by Gwendolyn C. Wright, Steven L. Wright to #41 Response In Opposition. (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)(Keith, Sean) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 42 OPPOSITION by American Medical Systems, Inc. to #39 MOTION by Gwendolyn C. Wright, Steven L. Wright to Strike (Binis, Barbara) (Modified on 11/7/2019 to remove link to #41 response and add link to #39 motion) (mk). [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 41 RESPONSE by American Medical Systems, Inc. in opposition to #39 MOTION by Gwendolyn C. Wright, Steven L. Wright to Strike (Attachments: #1 Proposed Order, #2 Exhibit PART 1, #3 Exhibit PART 2, #4 Exhibit PART 3, #5 Exhibit PART 4, #6 Exhibit PART 5, #7 Exhibit PART 6, #8 Exhibit PART 7, #9 Exhibit PART 8, #10 Exhibit PART 9, #11 Exhibit PART 10, #12 Exhibit PART 11, #13 Exhibit PART 12, #14 Exhibit PART 13)(Binis, Barbara) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 40 BRIEF by Gwendolyn C. Wright, Steven L. Wright in support of #39 MOTION by Gwendolyn C. Wright, Steven L. Wright to Strike (Keith, Sean) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 39 MOTION by Gwendolyn C. Wright, Steven L. Wright to Strike (Attachments: #1 Exhibit A - AMS Disclosure of Expert Witnesses, #2 Exhibit B - AMS Case-Specific Expert Report Service Email, #3 Exhibit C - Case-Specific Report File Screenshot, #4 Exhibit D - AMS General Expert Report Service Email, #5 Exhibit E - Email Link to AMS General Expert Reports, #6 Exhibit F - General Reports File Screenshot, #7 Exhibit G - Dr. Coad General Report, #8 Exhibit H - AMS Supplemental Expert Disclosure Email, #9 Exhibit I - Dr. Coad Case-Specific Report, #10 Exhibit J - Email to Defense Counsel, #11 Exhibit K - Email from Defense Counsel, #12 Exhibit L - Letter to OU, #13 Exhibit M - 01/09/2014 Letter to AMS, #14 Exhibit N - PTO #118, #15 Exhibit O - PTO #171, #16 Exhibit P - Second Letter to OU, #17 Exhibit Q - Pathology Protocol Request Email, #18 Exhibit R - Signed Authorization Email, #19 Exhibit S - Adoption of Motion to Exclude Dr. Goad's General Opinions)(Keith, Sean) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 38 MOTION by Gwendolyn C. Wright, Steven L. Wright for Leave to File Sur-Reply (Attachment: #1 Exhibit A - Proposed Sur-Reply)(Keith, Sean) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 37 REPLY by Gwendolyn C. Wright, Steven L. Wright to #35 Response In Opposition. (Attachment: #1 Exhibit A - Emails)(Keith, Sean) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 36 REPLY by American Medical Systems, Inc. to #34 Response In Opposition. (Weil, Rachel) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 35 RESPONSE by American Medical Systems, Inc. in opposition to #32 MOTION by Gwendolyn C. Wright, Steven L. Wright to Exclude Case-Specific Opinions and Testimony of Steven Siegel, M.D. (Attachments: #1 Proposed Order, #2 Exhibit A-F)(Binis, Barbara) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 34 RESPONSE by Gwendolyn C. Wright, Steven L. Wright in opposition to #30 MOTION by American Medical Systems, Inc. for Partial Summary Judgment (Attachments: #1 Exhibit 1 - Dr. Treacy Deposition, #2 Exhibit 2 - Gwen Wright Deposition, #3 Exhibit 3 - Rule 26 Report)(Keith, Sean) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 33 BRIEF by Gwendolyn C. Wright, Steven L. Wright in Support of #32 MOTION by Gwendolyn C. Wright, Steven L. Wright to Exclude Case-Specific Opinions and Testimony of Steven Siegel, M.D. (Keith, Sean) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 32 MOTION by Gwendolyn C. Wright, Steven L. Wright to Exclude Case-Specific Opinions and Testimony of Steven Siegel, M.D. (Attachments: #1 Exhibit A - Report)(Keith, Sean) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 31 MEMORANDUM OF LAW by American Medical Systems, Inc. in support of #30 MOTION by American Medical Systems, Inc. for Partial Summary Judgment (Weil, Rachel) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 30 MOTION by American Medical Systems, Inc. for Partial Summary Judgment (Attachments: #1 Proposed Order, #2 Exhibits 1-5)(Weil, Rachel) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 29 NOTICE OF DEPOSITION by American Medical Systems, Inc. of Lieschen Quiroz, M.D. on August 19, 2019 at 8:30 A.M. CST (Binis, Barbara) [Transferred from West Virginia Southern on 3/10/2020.] |
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Filing 28
ORDER granting #26 MOTION by American Medical Systems, Inc. to Withdraw; and denying as moot #23 MOTION by American Medical Systems, Inc. to Dismiss With Prejudice for Failure to Provide Expert Disclosures. Signed by Judge Joseph R. Goodwin on 7/5/2019. (cc: attys; any unrepresented party) (st) [Transferred from West Virginia Southern on 3/10/2020.]
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Filing 27
ORDER granting #25 MOTION by American Medical Systems, Inc. to Withdraw; and denying as moot #22 MOTION by American Medical Systems, Inc. to Dismiss With Prejudice for Failure to Provide Expert Disclosures. Signed by Judge Joseph R. Goodwin on 7/5/2019. (cc: attys; any unrepresented party) (st) [Transferred from West Virginia Southern on 3/10/2020.]
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| Filing 26 MOTION by American Medical Systems, Inc. to Withdraw re: #23 MOTION by American Medical Systems, Inc. to Dismiss With Prejudice for Failure to Provide Expert Disclosures. (Attachment: #1 Proposed Order)(Binis, Barbara) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 25 MOTION by American Medical Systems, Inc. to Withdraw (Attachment: #1 Proposed Order)(Binis, Barbara) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 24 MEMORANDUM OF LAW by American Medical Systems, Inc. in support of #23 MOTION by American Medical Systems, Inc. to Dismiss With Prejudice. (Binis, Barbara) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 23 MOTION by American Medical Systems, Inc. to Dismiss With Prejudice for Failure to Provide Expert Disclosures. (Attachment: #1 Proposed Order)(Binis, Barbara) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 22 MOTION by American Medical Systems, Inc. to Dismiss With Prejudice for Failure to Provide Expert Disclosures. (Binis, Barbara) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 21 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Barbara R. Binis on behalf of American Medical Systems, Inc.. (Binis, Barbara) [Transferred from West Virginia Southern on 3/10/2020.] |
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Filing 20
PRETRIAL ORDER # 274 (Docket Control Order - American Medical Systems, Inc. Wave 5 Cases) The cases on Exhibit A are: 1. removed from the pending inactive docket; and 2. placed on the active docket. As to the cases on Exhibits A and B: 1. The cases are no longer eligible for return to the inactive docket nor may notices of settlement be filed to relieve the parties from scheduling deadlines; 2. To the extent other defendants, in addition to American Medical Systems, Inc., are named in the cases on Exhibits A and B, the deadlines below also apply to them; 3. The Clerk will file this Docket Control Order in the main MDL and, as of the time of that filing in the main MDL, every case listed on Exhibits A and B (hereinafter referred to as "Wave 5 cases") 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 AMS Wave 5 cases: Plaintiff Fact Sheets due 02/15/2019; Defendant Fact Sheets due 02/22/2019; Deadline for written discovery requests due 03/25/2019; Expert disclosures served by plaintiffs due 05/24/2019; Expert disclosure served by defendants due 06/24/2019; Expert disclosure served for rebuttal due 07/01/2019; Deposition deadline and close of discovery due 08/01/2019; Filing of dispositive motions due 08/14/2019; Response to dispositive motions due 08/28/2019; Reply to response to dispositive motions due 09/04/2019; Filing of Daubert motions due 08/14/2019; Responses to Daubert motions due 08/29/2019; Reply to response to Daubert motions due 09/05/2019. B. MOTION PRACTICE. 3. Confidential Documents. Any consolidated motion to seal is due on or before 6/27/2019, and any response is due by 7/11/2019. Any reply is due by 7/18/2019. The court expects full compliance with Local Rule of Civil Procedure 26.4(c). C. CASES READY FOR TRANSFER, REMAND OR TRIAL 1. Venue Recommendations. By no later than 7/8/2019, 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 7/15/2019. Signed by Judge Joseph R. Goodwin on 2/4/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2325; AMS Wave 5 cases identified on Exhibits A and B) (kp) (ADI) [Transferred from West Virginia Southern on 3/10/2020.]
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Filing 19
ORDER The deadline to submit joint motions of dismissal is extended to 10/31/2018 for all cases in MDL 2325 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2325 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 2325; Cases on inactive docket) (kp) (ADI) [Transferred from West Virginia Southern on 3/10/2020.]
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Filing 18
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 AMS 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 AMS 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 2325; Member Cases Flagged "Closed" and "MDL AMS Inactive") (lca) (ADI) [Transferred from West Virginia Southern on 3/10/2020.]
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Filing 17
ORDER: The deadline to submit joint motions of dismissal is extended to 8/31/2018 for all cases in MDL 2325 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2325 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 2325; Cases on inactive docket) (mk) [Transferred from West Virginia Southern on 3/10/2020.]
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Filing 16
ORDER directing the Clerk to retire from the active docket each of the cases listed on the attached Exhibit A, provided that are not already closed; all deadlines and provisions as set forth in the Amended Inactive Docket Order remain in effect. Signed by Judge Joseph R. Goodwin on 10/11/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2325; Cases Listed on the attached Exhibit A) (st) [Transferred from West Virginia Southern on 3/10/2020.]
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Filing 15
AMENDED INACTIVE DOCKET ORDER (Amends Inactive Docket Order ECF No. 4783) The Court ORDERS as follows: 1) all discovery deadlines are continued until further order of the Court, 2) that the Clerk retire each of the cases listed on the attached Exhibit A from the active docket, 3) Plaintiffs and AMS may submit an agreed order of dismissal with prejudice on or before 5/31/2018; if dismissal orders are not submitted 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 any case on the attached Exhibit A to the active docket if one of the parties, on motion, shows good cause for such reinstatement supported by affidavit from the plaintiff. This Order is linked to the Proposed Inactive Docket Order filed in MDL 2325 at ECF No. 4804. Signed by Judge Joseph R. Goodwin on 8/30/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2325; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 3/10/2020.]
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| Filing 14 CERTIFICATE OF SERVICE by Gwendolyn C. Wright, Steven McKay Wright for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Keith, Sean) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 13 PLAINTIFF FACT SHEET filed by Gwendolyn C. Wright, Steven McKay Wright. (Keith, Sean) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 12 PLAINTIFF FACT SHEET filed by Gwendolyn C. Wright, Steven McKay Wright. (Keith, Sean) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 11 PLAINTIFF PROFILE FORM filed by Gwendolyn C. Wright, Steven McKay Wright. (Keith, Sean) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 10 AMENDED NOTICE OF DEPOSITION by Gwendolyn C. Wright, Steven McKay Wright of Dr. Bryan Treacy on June 14, 2017 at 10:00 am (Keith, Sean) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 9 NOTICE of Issuance of Subpoena to Bryan Treacy, M.D. by Gwendolyn C. Wright, Steven McKay Wright (Keith, Sean) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 8 NOTICE OF VIDEO DEPOSITION by Gwendolyn C. Wright, Steven McKay Wright of Dr. Lieschen Quiroz on 03/29/2017 at 2:00 pm (Keith, Sean) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 7 NOTICE OF VIDEO DEPOSITION by Gwendolyn C. Wright, Steven McKay Wright of Dr. Bryan Treacy on 03/22/2017 at 2:00 pm (Keith, Sean) [Transferred from West Virginia Southern on 3/10/2020.] |
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Filing 6
PRETRIAL ORDER # 231 (Docket Control Order - Wave 2 Cases) The cases identified on Exhibit A will be known as the "AMS Wave 2 cases" and the following deadlines shall apply in the American Medical Systems, Inc., MDL 2325 Wave 2 cases: Scheduling Deadlines. Plaintiff Fact Sheets due by 1/24/2017, Defendant Fact Sheets due by 2/24/2017, Deadline for written discovery requests due by 6/26/2017, Expert disclosure by plaintiffs due by 6/12/2017, Expert disclosure by defendants due by 7/11/2017, Expert disclosure for rebuttal purposes due by 7/27/2017, Deposition deadline and close of discovery including corporate discovery due by 8/10/2017, Filing of Dispositive Motions due by 8/30/2017, Response to Dispositive Motions due by 9/13/2017, Reply to response to dispositive motions due by 9/20/2017, Filing of Daubert motions due by 9/20/2017, Responses to Daubert motions due by 10/04/2017, and Reply to response to Daubert motions due by 10/11/2017. 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 7/14/2017, any response is due 7/28/2017 and any reply is due 8/04/2017. Venue Recommendations. By no later than 6/12/2017, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall submit joint venue recommendations to the court by 6/22/2017. Signed by Judge Joseph R. Goodwin on 1/13/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2325; Wave 2 Cases Identified on Exhibit A) (kll)) [Transferred from West Virginia Southern on 3/10/2020.]
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| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael J. Farrell on behalf of American Medical Systems, Inc.. (Farrell, Michael) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Erik W. Legg on behalf of American Medical Systems, Inc.. (Legg, Erik) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 3 WAIVER OF SERVICE EXECUTED. Waiver signed by Tracy G. Weiss on 10/3/13. American Medical Systems, Inc. waiver mailed on 9/24/2013, answer due 11/25/2013. (Weiss, Tracy) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 82 (ORDER GRANTING OMNIBUS MOTION BY PLAINTIFFS TO AMEND THE MEMBERSHIP OF THE PLAINTIFFS' STEERING COMMITTEE) entered on 09/20/2013 in MDL 2325 to attorneys in member case. (cbo) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2669697. (Attachment: #1 Civil Cover Sheet) (jws) [Transferred from West Virginia Southern on 3/10/2020.] |
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