Hughes v. Boston Scientific Corporation
Plaintiff: Brandy Hughes
Defendant: Boston Scientific Corporation
Case Number: 1:2019cv00043
Filed: May 8, 2019
Court: US District Court for the Middle District of Tennessee
Presiding Judge: William L Campbell
Referring Judge: Barbara D Holmes
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 28, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 28, 2019 Opinion or Order Filing 54 ORDER: The Court having been advised that this action has been settled, the action is dismissed without prejudice to the right, upon good cause shown within forty-five (45) days, to reopen the action if the settlement is not consummated. Within this forty-five day period, the parties may submit a proposed agreed order of compromise and dismissal. Signed by District Judge William L. Campbell, Jr on 6/28/2019. (am)
June 24, 2019 Filing 53 JOINT NOTICE of Settlement by Boston Scientific Corporation (Felker, Samuel) Modified Text on 6/25/2019 (am).
June 12, 2019 Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Telephone Conference held on 6/12/2019. (Tape #not recorded.) (Hearing lasted :27)(jwc)
June 7, 2019 Opinion or Order Filing 52 ORDER granting #49 Motion for Eric Anielak to Appear Pro Hac Vice. Signed by Vicki R. Kinkade, Chief Deputy Clerk on 6/7/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
June 7, 2019 Filing 51 JOINT Statement filed by Boston Scientific Corporation in support of #38 Order,, Set Hearings,, Terminate Hearings,. (Felker, Samuel)
June 7, 2019 MO State Bar status verified as active for Eric Anielak. (am)
June 6, 2019 Filing 50 DECLARATION of Eric Anielak filed by Boston Scientific Corporation re: #49 MOTION for attorney Eric Anielak to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2928194). (Felker, Samuel)
June 6, 2019 Filing 49 MOTION for attorney Eric Anielak to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2928194) by Boston Scientific Corporation. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Attachment [Proposed] Order)(Felker, Samuel)
June 4, 2019 Opinion or Order Filing 48 ORDER granting #42 Motion for Bradley R. Fagnani to Appear Pro Hac Vice; granting #43 Motion for Alan S. Lazar to Appear Pro Hac Vice. Signed by Vicki R. Kinkade, Chief Deputy Clerk on 6/4/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
June 4, 2019 Filing 47 RECEIPT #34675055063 in the amount of $100.00 posted by Brandy Hughes re #43 Motion to Appear Pro Hac Vice for Alan S. Lazar. (am)
June 4, 2019 Filing 46 RECEIPT #34675055062 in the amount of $100.00 posted by Brandy Hughes re #42 Motion to Appear Pro Hac Vice for Bradley R. Fagnani. (am)
June 4, 2019 Opinion or Order Filing 45 ORDER granting #44 Motion to Substitute Attorney. Signed by District Judge William L. Campbell, Jr on 6/4/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
June 3, 2019 Filing 44 MOTION to Substitute Attorney by Boston Scientific Corporation. (Felker, Samuel)
May 29, 2019 Filing 43 MOTION for attorney Alan S. Lazar to Appear Pro Hac Vice (Fee not paid-due within 21 days) by Brandy Hughes. (Attachments: #1 Attachment - Certificate of Good Standing)(am)
May 29, 2019 Filing 42 MOTION for attorney Bradley R. Fagnani to Appear Pro Hac Vice (Fee not paid-due within 21 days) by Brandy Hughes. (Attachments: #1 Attachment - Certificate of Good Standing)(am)
May 29, 2019 Filing 41 NOTICE of Appearance by Nicholas Daniel Waite on behalf of Brandy Hughes (Waite, Nicholas)
May 29, 2019 CA State Bar status verified as active for Bradley R. Fagnani and Alan S. Lazar . (am) Modified Text on 6/4/2019 (am).
May 17, 2019 Filing 40 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Boston Scientific Corporation. (Felker, Samuel)
May 17, 2019 TN State Bar status verified as active for Samuel Lanier Felker, Sarah D. Murray. (am)
May 16, 2019 Filing 39 NOTICE of Appearance by Samuel Lanier Felker on behalf of Boston Scientific Corporation (Felker, Samuel)
May 16, 2019 Opinion or Order Filing 38 ORDER: Telephone Conference set for 6/12/2019 10:00 AM before Magistrate Judge Barbara D. Holmes. Signed by Magistrate Judge Barbara D. Holmes on 5/16/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
May 10, 2019 Opinion or Order Filing 37 ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Lead counsel for the parties shall attend the initial case management conference. Signed by District Judge William L. Campbell, Jr on 5/10/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
May 9, 2019 Filing 36 NOTICE of Initial Case Management Conference set for 8/22/2019 at 10:30 AM in Columbia, TN before Magistrate Judge Barbara D. Holmes. (af)
May 9, 2019 Filing 35 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (af)
May 9, 2019 Filing 34 NOTICE of Business Entity Disclosure Statement filing requirement. (af)
May 9, 2019 MO State Bar status verified as active for Jon A. Strongman; WV State Bar Status verified as active for Michael Bonasso; CA State Bar status verified as active for Alan S. Lazar, Marcus J. Bradley, Christina A. Humphrey, & Kiley L. Grombacher. (af)
May 9, 2019 NOTICE TO ALL COUNSEL: WITHIN 21 DAYS, counsel shall associate local counsel qualified to practice in the United States District Court for the Middle District of Tennessee. Local counsel shall electronically file a Notice of Appearance (LR 83.01(d)). Appearance by local counsel due by 5/30/2019. (af)
May 9, 2019 NOTICE TO COUNSEL Jon A. Strongman, Michael Bonasso, Alan S. Lazar, Marcus J. Bradley, Christina A. Humphrey, Kiley L. Grombacher: WITHIN 21 DAYS, each counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $100.00 (LR 83.01(b)). PHV due by 5/30/2019. (af)
May 8, 2019 Filing 33 Case transferred in from the Southern District of West Virginia, Case Number 2:14-cv-24393. New case number for the Middle District of Tennessee is 1:19cv-0043.
May 1, 2019 Filing 32 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02326 - Boston Scientific Corporation. (Attachments: #1 Exhibit ECF 197 - Master Long Form Complaint and Jury Demand, #2 Exhibit ECF 200 - BSCS Master Answer To Plaintiffs Master Long Form Complaint, #3 Exhibit ECF 611 - Transcript Of Proceedings Of 12/4/13 Status Conference Discussing Work-Up Of Wave Cases., #4 Exhibit ECF 6644 - Joint Venue Recommendations For Wave 4 Cases, #5 Exhibit ECF 7018 - Defendant Boston Scientifics Notice Of Adoption Of Prior Daubert Motion To Exclude Peggy Pence, Ph.D., #6 Exhibit ECF 4815 - Defendant Boston Scientific Corporations Motion To Exclude The Opinions And Testimony Of Peggy Pence, Ph.D., And Memorandum In Support, #7 Exhibit ECF 4815, Ex. A and Ex. B - Defendant Boston Scientific Corporations Motion To Exclude The Opinions And Testimony Of Peggy Pence, Ph.D., And Memorandum In Support, #8 Exhibit ECF 4815, Ex. C and Ex. D - Defendant Boston Scientific Corporations Motion To Exclude The Opinions And Testimony Of Peggy Pence, Ph.D., And Memorandum In Support, #9 Exhibit ECF 4815, Ex. E and Ex. F - Defendant Boston Scientific Corporations Motion To Exclude The Opinions And Testimony Of Peggy Pence, Ph.D., And Memorandum In Support, #10 Exhibit ECF 4815, Ex. G - Defendant Boston Scientific Corporations Motion To Exclude The Opinions And Testimony Of Peggy Pence, Ph.D., And Memorandum In Support, #11 Exhibit ECF 4968 - Plaintiffs Response In Opposition To Defendant Boston Scientific Corporations Motion To Exlcude The Opinions And Testimony Of Peggy Pence, Ph.D., #12 Exhibit ECF 7036 - Plaintiffs Notice Of Adoption Of Prior Daubert Response Of Peggy Pence, Ph.D. For Boston Scientific Wave 4, #13 Exhibit ECF 7047 - Plaintiffs Notice Of Adoption Of Prior Daubert Responses Of Peggy Pence, Ph.D. For Wave 4 Cases, #14 Exhibit ECF 4972, Part 1 - Plaintiffs Memorandum In Opposition To Defendants Motion To Exclude The Opinions And Testimony Of Plaintiffs Expert, Jimmy W. Mays., Ph. D., #15 Exhibit ECF 4972, Part 2 - Plaintiffs Memorandum In Opposition To Defendants Motion To Exclude The Opinions And Testimony Of Plaintiffs Expert, Jimmy W. Mays., Ph. D., #16 Exhibit ECF 4805 - Defendant Boston Scientific Corporations Memorandum Of Law In Support Of Its Motion To Exclude The Opinions And Testimony Of Jimmy W. Mays. Ph.D., #17 Exhibit ECF 7065 - Plaintiffs Notice Of Adoption Of Prior Daubert Response Of Dr. Jimmy Mays For Wave 4 Cases (D.E. 7065), #18 Exhibit ECF 7033 - Plaintiffs Notice Of Adoption Of Prior Daubert Response Of Jimmy W. Mays, Ph.D. For Boston Scientific Wave 4, #19 Exhibit ECF 7010 - Boston Scientifics Notice Of Adoption Of Prior Daubert Motion To Exclude The Opinions Of Jimmy Mays, Ph.D., #20 Exhibit ECF 4963 - Plaintiffs In Opposition To Boston Scientific Corporations Motion To Exclude The Opinions Testimony Of Richard Trepeta, M.D., #21 Exhibit ECF 4811 - Boston Scientific Corporations Motion To Exclude The Opinions And Testimony Of Richard W. Trepeta, M.D. And Memorandum In Support., #22 Exhibit ECF 7049 - Plaintiffs Notice Of Adoption Of Prior Daubert Response Of Dr. Richard Trepeta For Wave 4 Cases, #23 Exhibit ECF 7005 - Boston Scientific Corporations Notice Of Adoption Of Prior Daubert Motion To Exclude Richard Trepeta, Md, #24 Exhibit ECF 6050 - Boston Scientific Corporations Mdl Memo Opinion And Order Re Daubert Motion Re Dr. Richard Trepeta, #25 Exhibit ECF 4962 - Plaintiffs Opposition To Bsc's Motion And Memo In Support To Exclude Testimony Of Jerry Blaivas, Md, #26 Exhibit ECF 4962, Ex. A, Part 1a - Plaintiffs Opposition To Bsc's Motion And Memo In Support To Exclude Testimony Of Jerry Blaivas, Md, #27 Exhibit ECF 4962 - Ex. A, Part 1b - Plaintiffs Opposition To Bsc's Motion And Memo In Support To Exclude Testimony Of Jerry Blaivas, Md, #28 Exhibit ECF 4962, Ex. A, Part 2a - Plaintiffs Opposition To Bsc's Motion And Memo In Support To Exclude Testimony Of Jerry Blaivas, Md, #29 Exhibit ECF 4962, Ex. A, Part 2b - Plaintiffs Opposition To Bsc's Motion And Memo In Support To Exclude Testimony Of Jerry Blaivas, Md, #30 Exhibit ECF 4962, Ex. B, Part 1 - Plaintiffs Opposition To Bsc's Motion And Memo In Support To Exclude Testimony Of Jerry Blaivas, Md, #31 Exhibit ECF 4962, Ex. B, Part 2a - Plaintiffs Opposition To Bsc's Motion And Memo In Support To Exclude Testimony Of Jerry Blaivas, Md, #32 Exhibit ECF 4962, Ex. B, Part 2b - Plaintiffs Opposition To Bsc's Motion And Memo In Support To Exclude Testimony Of Jerry Blaivas, Md, #33 Exhibit ECF 4962, Ex. C - Plaintiffs Opposition To Bsc's Motion And Memo In Support To Exclude Testimony Of Jerry Blaivas, Md, #34 Exhibit ECF 4822 - Defendant Boston Scientific Corporations Motion And Memo In Support To Exclude Testimony Of Jerry Blaivas, Md, #35 Exhibit ECF 7042 - Plaintiffs Notice Of Adoption Of Prior Daubert Response Of Dr. Jerry Blaivas For Wave 4., #36 Exhibit ECF 7002 - Defendant Boston Scientific Corporations Notice Of Adoption Of Prior Daubert Motion To Exclude Jerry Blaivas, M.D., #37 Exhibit ECF 4833 - Plaintiffs Motion to Exclude Testimony of Peter Rosenblatt, MD, #38 Exhibit ECF 4978 - Plaintiffs Memo in Opp to Pltf's Motion to Exclude Testimony of Dr. Peter Rosenblatt, #39 Exhibit ECF 5039 - Plaintiffs Reply Brief in Support of Motion to Exclude Testimony of Peter Rosenblatt, MD, #40 Exhibit ECF 7061 - Defendant Boston Scientific Corporations BSC's Notice of Adoption of Prior Daubert Response of Peter Rosenblatt, MD, #41 Exhibit ECF 6986 - Plaintiffs Notice of Adoption of Prior Daubert Motion of Dr. Peter Rosenblatt for Wave 4 Cases, #42 Exhibit ECF 7159 - Plaintiffs Notice Of Adoption Of Prior Daubert Reply In Wave 4 Cases For Lonny Green., #43 Exhibit ECF 7067 - Boston Scientific Corporations Notice Of Adoption Of Prior Daubert Responses Of Stephen Badylak, Ph.D., #44 Exhibit ECF6984 - Plaintiffs Notice Of Adoption Of Prior Daubert Motion Of Dr. Stephen Badylak For Wave 4 Cases, #45 Exhibit ECF 5033 - Plaintiffs Reply To Defendants Response To Plaintiffs Motion To Exclude The Opinions And Testimony Of Stephen F. Badylak, D.V.M., Ph.D., M.D., #46 Exhibit ECF 4976 - Boston Scientific Corporations Opposition To Plaintiffs Motion To Exclude The Opinions And Testimony Of Stephen F. Badylak, D.V.M., Ph.D., M.D., #47 Exhibit ECF 4826, Part 1 - Plaintiffs Motion And Memorandum Of Law In Support Of Their Motion To Exclude The Opinions And Testimony Of Stephen F. Badylak, D.V.M., Ph.D., M.D., #48 Exhibit ECF 4826, Part 2 - Plaintiffs Motion And Memorandum Of Law In Support Of Their Motion To Exclude The Opinions And Testimony Of Stephen F. Badylak, D.V.M., Ph.D., M.D., #49 Exhibit ECF 7004 - Plaintiffs Combined Motion And Memorandum Of Law To Exclude The Opinions And Testimony Of Steven Spiegelberg, Ph.D. And Memorandum In Support, #50 Exhibit ECF 7088 - Boston Scientific Corporations Response in Opposition to Pltf's Motion to Exclude Testimony of Stephen Spiegelberg, PhD, #51 Exhibit ECF 7160 - 2018-11-01 - Pltf's Reply in Support of Motion to Exclude Testimony of Stephen Spiegelberg, PhD, #52 Exhibit ECF 5034 - Plaintiffs Reply To Defendants Response To Plaintiffs Motion To Exclude The Opinions And Testimony Of Steven R. Little, Ph. D., #53 Exhibit ECF 4979, Part 1 - Response In Opposition To Plaintiffs Motion To Exclude The Opinions And Testimony Of Steven R. Little, Ph.D., #54 Exhibit ECF 4979, Part 2 - Response In Opposition To Plaintiffs Motion To Exclude The Opinions And Testimony Of Steven R. Little, Ph.D., #55 Exhibit ECF 4825 - Plaintiffs Motion And Memorandum Of Law In Support Of Their Motion To Exclude The Opinions And Testimony Of Steven R. Little, Ph.D., #56 Exhibit ECF 4825, Ex. 1 - Plaintiffs Motion And Memorandum Of Law In Support Of Their Motion To Exclude The Opinions And Testimony Of Steven R. Little, Ph.D., #57 Exhibit ECF 4825, Ex. 2, Part 1 - Plaintiffs Motion And Memorandum Of Law In Support Of Their Motion To Exclude The Opinions And Testimony Of Steven R. Little, Ph.D., #58 Exhibit ECF 4825, Ex. 2, Part 2 - Plaintiffs Motion And Memorandum Of Law In Support Of Their Motion To Exclude The Opinions And Testimony Of Steven R. Little, Ph.D., #59 Exhibit ECF 4825, Ex. 3 - Plaintiffs Motion And Memorandum Of Law In Support Of Their Motion To Exclude The Opinions And Testimony Of Steven R. Little, Ph.D., #60 Exhibit ECF 4825, Ex. 4 - Plaintiffs Motion And Memorandum Of Law In Support Of Their Motion To Exclude The Opinions And Testimony Of Steven R. Little, Ph.D., #61 Exhibit ECF 4825, Ex. 5 - Plaintiffs Motion And Memorandum Of Law In Support Of Their Motion To Exclude The Opinions And Testimony Of Steven R. Little, Ph.D., #62 Exhibit ECF 7066 - Defendant Boston Scientific Corporations Notice Of Adoption Of Prior Daubert Response Of Steven R. Little, Ph.D., #63 Exhibit ECF 6995 - Plaintiffs Notice Of Adoption Of Prior Daubert Motion And Reply Briefing As To Dr. Steven Little For BSC Wave 4., #64 Exhibit ECF 6044 - Memorandum Opinion and Order (Daubert Motion re: Dr. Steven R. Little, Ph.D.), #65 Exhibit ECF 6047 - Memorandum Opinion and Order (Daubert Motion re: Dr. Peter Rosenblatt, M.D.), #66 Exhibit ECF 6049 - Memorandum Opinion and Order (Daubert Motion re: Dr. Steven Spiegelberg, Ph.D), #67 Exhibit ECF 1010 - Plaintiffs Memo in Support of Joint Motion to Limit Testimony of Lonny Green, MD (D.E. 1010), #68 Exhibit ECF 7055 - Defendant Boston Scientific Corporations Notice Of Adoption Of Prior Daubert Response Of Lonny Green, M.D., #69 Exhibit ECF 6994 - Plaintiffs Notice Of Adoption Of Prior Daubert Motion Of Dr. Lonny Green For Wave 4 Cases)(Lazar, Alan) [Transferred from West Virginia Southern on 5/8/2019.]
April 17, 2019 Opinion or Order Filing 31 TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 05/01/2019 the cases identified on Exhibit A that are still pending shall be transferred to the United States District Courts identified on Exhibit A; on or before 4/30/2019 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 4/17/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (kp) [Transferred from West Virginia Southern on 5/8/2019.]
April 11, 2019 Filing 30 Joint Venue Recommendation by Boston Scientific Corporation and Brandy Hughes (Tanenbaum, Michael) (Modified on 4/15/2019 to add party filer)(slr). [Transferred from West Virginia Southern on 5/8/2019.]
April 11, 2019 Filing 29 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 5/8/2019.]
March 19, 2019 Opinion or Order Filing 28 ORDER The conferences scheduled for April 4 and 5, 2019, in the cases on Exhibits A and B are CANCELLED; the court ORDERS that by 4/15/2019, the parties file a joint document in each of the cases on Exhibits A and B identifying the proper remand or transfer court for each case on Exhibits A and B. Signed by Judge Joseph R. Goodwin on 3/19/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases on Exhibits A and B) (kab) [Transferred from West Virginia Southern on 5/8/2019.]
January 25, 2019 Opinion or Order Filing 27 ORDER The Order entered on 1/7/2019 is amended to change the date of the previously scheduled status conferences; directing that the individual plaintiffs whose cases are listed on Exhibits A and B and their counsel and counsel for Boston Scientific Corporation attend a status conference with the court as follows: 1. on Thursday, 4/4/2019 at 9:00 a.m. for the cases listed on Exhibit A; and 2. on Friday, 4/5/2019 at 9:30 a.m. for the cases listed on Exhibit B; any plaintiff who fails to comply with this Order may be subject to a substantial sanction, including dismissal with prejudice. Signed by Judge Joseph R. Goodwin on 1/25/2019. (cc: counsel of record; any unrepresented party) (rmc) [Transferred from West Virginia Southern on 5/8/2019.]
January 7, 2019 Opinion or Order Filing 26 ORDER directing that individual plaintiffs whose cases are listed on Exhibits A and B and their counsel and Mike Tanenbaum, counsel for Boston Scientific Corporation, as well as leadership plaintiffs' counsel, Henry Garrard and Tom Cartmell, attend a settlement conference with the court as follows: 1. On 3/13/2019, beginning at 9:00 a.m. for the cases listed on Exhibit A; and 2. On 3/14/2019, beginning at 10:00 a.m. for the cases listed on Exhibit B; any plaintiff who fails to comply with this Order may be subject to a substantial sanction, including dismissal with prejudice. Signed by Judge Joseph R. Goodwin on 1/7/2019. (cc: attys; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibits A and B) (kab) [Transferred from West Virginia Southern on 5/8/2019.]
December 13, 2018 Filing 25 RESPONSE by Boston Scientific Corporation in opposition to #20 MOTION by Brandy Hughes to Strike and Exclude Defendant's Expert Witnesses (Attachments: #1 Exhibit A, #2 Exhibit B)(Anielak, Eric) [Transferred from West Virginia Southern on 5/8/2019.]
November 23, 2018 Filing 24 REPLY MEMORANDUM by Boston Scientific Corporation to #23 Opposition. (Anielak, Eric) [Transferred from West Virginia Southern on 5/8/2019.]
November 21, 2018 Filing 23 OPPOSITION by Brandy Hughes to #21 MOTION by Boston Scientific Corporation to Compel Plaintiff's Attendance at Deposition by November 30, 2018 or, in the Alternative, Motion to Dismiss (Attachments: #1 Declaration of Alan S. Lazar, #2 Exhibit A to Declaration of Alan S. Lazar, #3 Exhibit B to Declaration of Alan S. Lazar, #4 Exhibit C to Declaration of Alan S. Lazar)(Lazar, Alan) [Transferred from West Virginia Southern on 5/8/2019.]
November 12, 2018 Filing 22 MEMORANDUM by Boston Scientific Corporation in support of #21 MOTION by Boston Scientific Corporation to Compel Plaintiff's Attendance at Deposition by November 30, 2018 or, in the Alternative, Motion to Dismiss (Strongman, Jon) [Transferred from West Virginia Southern on 5/8/2019.]
November 12, 2018 Filing 21 MOTION by Boston Scientific Corporation to Compel Plaintiff's Attendance at Deposition by November 30, 2018 or, in the Alternative, Motion to Dismiss (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Strongman, Jon) [Transferred from West Virginia Southern on 5/8/2019.]
October 22, 2018 NOTICE OF DOCKET CORRECTION re: 19 MOTION by Brandy Hughes to Exclude Defendants Expert Witnesses. ERROR: Document filed in the incorrect civil action. CORRECTION: Image removed. (slr) [Transferred from West Virginia Southern on 5/8/2019.]
October 18, 2018 Filing 20 MOTION by Brandy Hughes to Strike and Exclude Defendant's Expert Witnesses (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order) (ts) [Transferred from West Virginia Southern on 5/8/2019.]
October 18, 2018 Filing 19 INCORRECT ENTRY; IMAGE REMOVED. (Modified on 10/22/2018 to remove image filed in incorrect civil action) (slr). [Transferred from West Virginia Southern on 5/8/2019.]
October 6, 2018 Filing 18 CERTIFICATE OF SERVICE by Brandy Hughes for Rule 26(a)(2) Expert Testimony Disclosures. (Lazar, Alan) [Transferred from West Virginia Southern on 5/8/2019.]
October 5, 2018 Filing 17 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Rule 26(a)(2) Expert Testimony Disclosures. (Anielak, Eric) [Transferred from West Virginia Southern on 5/8/2019.]
September 27, 2018 Filing 16 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Brandy Hughes on 10/1/2018 at 3:00 p.m. (Keale, James) [Transferred from West Virginia Southern on 5/8/2019.]
September 13, 2018 Filing 15 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Dr. Stephen Heffington on October 1, 2018 at 8:00 a.m. (Keale, James) [Transferred from West Virginia Southern on 5/8/2019.]
August 15, 2018 Filing 14 CERTIFICATE OF SERVICE by Brandy Hughes for Rule 26 Designation and Disclosure of Expert Witnesses. (Lazar, Alan) [Transferred from West Virginia Southern on 5/8/2019.]
August 3, 2018 Filing 13 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Brandy Hughes on 8August 27, 2018 at 2:00 p.m. (Keale, James) [Transferred from West Virginia Southern on 5/8/2019.]
June 13, 2018 Opinion or Order Filing 12 PRETRIAL ORDER # 187 (Amended Docket Control Order - Boston Scientific Corp. Wave 4 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 175. 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 4 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; and 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 2326; BSC Wave 4 Cases) (ts) (ADI) [Transferred from West Virginia Southern on 5/8/2019.]
May 18, 2018 Filing 11 CERTIFICATE OF SERVICE by Brandy Hughes for First Set of Interrogatories, First Set of Requests for Production of Documents, and First Set of Requests for Admission to Defendant Boston Scientific Corporation. (Lazar, Alan) [Transferred from West Virginia Southern on 5/8/2019.]
April 18, 2018 Filing 10 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Brandy Hughes on May 11, 2018 at 9:00 a.m. (Keale, James) [Transferred from West Virginia Southern on 5/8/2019.]
April 11, 2018 Filing 9 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 5/8/2019.]
January 30, 2018 Opinion or Order Filing 8 PRETRIAL ORDER # 175 (Docket Control Order - Boston Scientific Corp. Wave 4 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING BOSTON SCIENTIFIC CORPORATION 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 4 cases") becomes subject to the deadlines in this Docket Control Order. The following deadlines apply in all Wave 4 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 4 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 2326; BSC Wave 4 Cases Listed on Exhibit A) (klc) (ADI) [Transferred from West Virginia Southern on 5/8/2019.]
June 19, 2017 Filing 7 PLAINTIFF PROFILE FORM filed by Brandy Hughes. (Lazar, Alan) [Transferred from West Virginia Southern on 5/8/2019.]
August 27, 2014 Filing 6 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 5/8/2019.]
August 20, 2014 Filing 5 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon Strongman on 8/18/14. Boston Scientific Corporation waiver mailed on 8/8/2014, answer due 10/7/2014. (Strongman, Jon) [Transferred from West Virginia Southern on 5/8/2019.]
August 20, 2014 Filing 4 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 5/8/2019.]
August 6, 2014 Filing 3 TRANSMITTED PRETRIAL ORDER # 109 (FOURTH AMENDED DOCKET CONTROL ORDER FIRST AND SECOND ROUND OF FORMER BELLWETHER CASES) entered on 07/31/2014 in MDL 2326 to attorneys in member case. (kw) [Transferred from West Virginia Southern on 5/8/2019.]
August 6, 2014 Filing 2 ELECTRONIC SUMMONS ISSUED as to Boston Scientific Corporation, re: #1 Short Form Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (kg) [Transferred from West Virginia Southern on 5/8/2019.]
August 6, 2014 NOTICE OF DOCKET CORRECTION re: #1 Short Form Complaint. ERROR: Exhibit A omitted at time of electronic filing. CORRECTION: Exhibit A added as Attachment #1 and the civil cover sheet moved to Attachment #2. (skh) [Transferred from West Virginia Southern on 5/8/2019.]
August 5, 2014 Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-3381090. (Attachment: #1 Exhibit A) (kg) (Additional attachment added on 8/6/2014: #2 Civil Cover Sheet) (skh). (Modified on 8/6/2014 to add Exhibit A as Attachment #1 and to move the civil cover sheet to Attachment #2)(skh). [Transferred from West Virginia Southern on 5/8/2019.]

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Defendant: Boston Scientific Corporation
Represented By: Michael Bonasso
Represented By: Jon A. Strongman
Represented By: Samuel Lanier Felker
Represented By: Eric Anielak
Represented By: Sarah D. Murray
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Plaintiff: Brandy Hughes
Represented By: Christina A. Humphrey
Represented By: Alan S. Lazar
Represented By: Marcus J. Bradley
Represented By: Kiley L. Grombacher
Represented By: Nicholas Daniel Waite
Represented By: Bradley R. Fagnani
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