Rhoton v. Boston Scientific Corporation
| Delilah Rhoton |
| Boston Scientific Corporation, Ethicon Inc. and Johnson & Johnson |
| 3:2020cv00766 |
| September 7, 2020 |
| US District Court for the Middle District of Tennessee |
| Alistair Newbern |
| Eli J Richardson |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 2, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 54
ORDER: In the Transfer Order to this Court, the MDL judge specifically stated: "Upon transfer, I urge the receiving court to immediately set these cases for trial without reopening discovery." Since the transfer of the case to this Court, the parties have represented that they are actively discussing settlement and need time to finalize and hopefully resolve this dispute in its entirety. (Doc. No. #51 ). This case is referred to the Magistrate Judge for any necessary orders facilitating settlement and, if settlement is not reached, to determine what, if any, pretrial procedures or deadlines are needed, given the MDL judge's order quoted above. Signed by District Judge Eli J. Richardson on 10/30/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln) Modified on 11/2/2020 (ln).
|
|
Filing 53
ORDER: The Court, having reviewed the parties' Joint Motion to Temporarily Stay Discovery and All Pretrial Deadlines and finding good cause therefor, hereby GRANTS the Joint Motion to Temporarily Stay Discovery and All Pretrial Deadlines. The initial case management conference set on November 3, 2020, is CONTINUED to January 20, 2021, at 9:30 a.m. Signed by Magistrate Judge Alistair Newbern on 10/23/2020. (mg)
|
| Filing 52 MEMORANDUM in Support of #51 Joint MOTION to Stay re #30 Order Setting Case for Trial,, Discovery and All Pretrial Deadlines filed by Boston Scientific Corporation . (Felker, Samuel) |
| Filing 51 Joint MOTION to Stay re #30 Order Setting Case for Trial,, Discovery and All Pretrial Deadlines by Boston Scientific Corporation. (Attachments: #1 Attachment [Proposed] Order)(Felker, Samuel) |
| Reset Hearing: Initial Case Management Conference by Telephone is reset for 1/20/2021 at 09:30 AM before Magistrate Judge Alistair Newbern. (mg) |
|
Filing 50
ORDER granting #48 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Andrew Kirkendall is granted. Signed by Vicki Kinkade, Chief Deputy Clerk, on 10/14/2020. vk
|
|
Filing 49
ORDER granting #47 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Alexander G. Dwyer is granted. Signed by Vicki Kinkade, Chief Deputy Clerk, on 10/14/2020. vk
|
| TN State Bar status verified as active for James Gerard Stranch, IV admitted to this court. (mg) |
| Filing 48 MOTION for attorney Andrew Kirkendall to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3231362) by Delilah Rhoton. (Attachments: #1 Attachment Certificate of Good Standing)(Stranch, James) |
| Filing 47 MOTION for attorney Alexander G. Dwyer to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3231361) by Delilah Rhoton. (Attachments: #1 Attachment Certificate of Good Standing)(Stranch, James) |
| Filing 46 NOTICE of Appearance by James Gerard Stranch, IV on behalf of Delilah Rhoton (Stranch, James) |
| Filing 45 Additional Attachments to Main Document re: #39 Notice (Other),,,,,,,,. (Attachments: #1 Attachment 150 - ECF 92 - FOWLER - Pltfs Reply in Support of MTE Green w Exhibits A-D, #2 Attachment 151 - ECF 115 - Fowler - Memo Opinion and Order (Daubert Motions), #3 Attachment 152 - ECF 104 - Frankum - Memo, Opinion, and Order (Daubert Motions), #4 Attachment 153 - ECF 216 - Pltfs Memo in Support of MTE Spiegelberg, #5 Attachment 154 - ECF 275 - BSCs Opposition to Pltfs MTE Spiegelberg w Exhibits A-B, #6 Attachment 155 - ECF 473 - Amended Memo Opinion and Order (Daubert Motions))(Felker, Samuel) |
| Filing 44 Additional Attachments to Main Document re: #39 Notice (Other),,,,,,,,. (Attachments: #1 Attachment 126 - ECF 7044 - Pltfs Notice of Adoption of Prior Daubert Response re Shull, #2 Attachment 127 - ECF 4966 - Pltfs Opp to BSCs MTE Shull, #3 Attachment 128 - ECF 6048 - Memo Opinion and Order re Daubert Motion Shull, #4 Attachment 129 - ECF 7005 - BSC's Notice of Adoption of Prior MTE Trepeta, #5 Attachment 130 - ECF 4811 - BSCs MTE Trepeta and Memo in Support, #6 Attachment 131 - ECF 7049 - Pltfs' Notice of Adoption of Prior Response re Trepeta, #7 Attachment 132 - ECF 4963- Pltf's Response in Opp to BSC's MTE re Trepeta, #8 Attachment 133 - ECF 6050 - Memo Opinion and Order re Daubert Motion Trepeta, #9 Attachment 134 - ECF 7012 - BSCs Notice of Adoption of Prior Daubert MTE Veronikis, #10 Attachment 135 - ECF 4807 - BSCs MTE and Memo re Veronikis, #11 Attachment 136 - ECF 7045 - Pltf' Notice of Adoption of Prior Daubert re Veronikis, #12 Attachment 137 - ECF 4964 - Pltfs Response and Memo in Opp to MTE Veronikis, #13 Attachment 138 - ECF 6051 - Memo Opinion and Order re Daubert Motion Veronikis, #14 Attachment 139 - ECF 67 - ALLEN - BSCs Memo in Opposition to Pltfs MTE Green, #15 Attachment 140 - ECF 78 - BSCs Memo in Opp to Pltfs MTE Culligan, #16 Attachment 141 PT1 - ECF 46 - BSCs MTE Dunn and Memo in Support w Exhibits A-O PT1, #17 Attachment 141 PT2 - ECF 46 - BSC_s MTE Dunn and Memo in Support w Exhibits A-O PT2, #18 Attachment 142 - ECF 71 - Pltfs Response to BSCs MTE Dunn w Exhibits A-C, #19 Attachment 143 - ECF 85 - BSCs Reply MTE Dunn, #20 Attachment 144 - ECF 52 - BSCs Memo MTE Guelcher, #21 Attachment 145 - ECF 74 - Ptfs Opp to Dfts MTE Guelcher, #22 Attachment 146 - ECF 88 - BSCs Reply MTE Guelcher, #23 Attachment 147 - ECF 100 - Memo, Opinion, and Order (Daubert Motions), #24 Attachment 148 - ECF 127 - Pltfs Reply to Dfts Opp to Pltfs MTE Culligan, #25 Attachment 149 - ECF 145 - Franco - Memo Opinion and Order (Daubert Motions))(Felker, Samuel) |
| Filing 43 Additional Attachments to Main Document re: #39 Notice (Other),,,,,,,,. (Attachments: #1 Attachment 101 - ECF 4804 - BSCs MTE Margolis and Memo in Support w Exhibits A-J, #2 Attachment 102 - ECF 7046 - Pltfs' Notice of Adoption of Response re Margolis, #3 Attachment 103 - ECF 4960 - Pltfs Response in Opp to BSCs MTE Margolis, #4 Attachment 104 - ECF 6035 - Memo Opinion and Order re Daubert Motion Margolis, #5 Attachment 105 - ECF 7010 - BSC's Notice of Adoption of Prior Daubert MTE Mays, #6 Attachment 106 - ECF 4805 - BSCs Memo in Support of MTE Mays, #7 Attachment 107 - ECF 7065 - Pltfs Notice of Adoption of Prior Daubert Response re Mays, #8 Attachment 108 - ECF 4972 - Pltfs Memo in Opp to Dfts MTE Mays w Exhibits 1-10, #9 Attachment 109 - ECF 6036 - Memo Opinion and Order Mays, #10 Attachment 110 - ECF 7016 - BSCs Notice of Adoption of Prior MTE Ostergard, #11 Attachment 111 - ECF 4821 - BSCs MTE Ostergard, #12 Attachment 112 - ECF 7051 - Pltfs' Notice of Adoption of Prior Response re Ostergard, #13 Attachment 113 - ECF 4961 - Pltfs Response to BSCs MTE Ostergard, #14 Attachment 114 - ECF 6037 - Memo Opinion and Order re Daubert re Ostergard, #15 Attachment 115 - ECF 7018 - BSC's Notice of Adoption of Prior Daubert MTE Pence, #16 Attachment 116 - ECF 4815 - BSCs MTE Pence and Memo in Support, #17 Attachment 117 - ECF 7047 - Pltfs' Notice of Adoption of Prior Daubert Response Pence, #18 Attachment 118 - ECF 4968 - Pltfs Response in Opp to BSCs MTE Pence, #19 Attachment 119 - ECF 6038 - Memo Opinion and Order re Daubert Motion Pence, #20 Attachment 120 - ECF 7011 - BSC's MTE General Causation Testimony of Dr. B. Rosenzweig, #21 Attachment 121 - ECF 7085 - Pltf's Response to BSC's MTE General Causation Testimony of Rosenzweig, #22 Attachment 122 - ECF 7175 - BSC's Reply ISO MTE General Causation Testimony of Rosenzweig, #23 Attachment 123 - ECF 6039 - Memo Opinion and Order re Daubert Motion Rosenzweig, #24 Attachment 124 - ECF 7013 - BSCs Notice of Adoption of Prior Daubert MTE Shull, #25 Attachment 125 - ECF 4810 - BSCs MTE Shull and Memo in Support)(Felker, Samuel) |
| Filing 42 Additional Attachments to Main Document re: #39 Notice (Other),,,,,,,,. (Attachments: #1 Attachment 76 - ECF 7160 - Pltfs Reply in Support of MTE Spiegelberg, #2 Attachment 77 - ECF 5031 - Pltfs Reply in Support of MTE Spiegelberg, #3 Attachment 78 - ECF 6049 - Memo Opinion and Order re Daubert Motion Spiegelberg, #4 Attachment 79 - ECF 7002 - BSC's Notice of Adoption of Prior Daubert MTE re Dr. J. Blaivas, #5 Attachment 80 - ECF 4822 - BSCs Motion and Memo in Support MTE Blaivas, #6 Attachment 81 - ECF 7042 - Pltfs Notice of Adoption of Daubert Response re Blaivas, #7 Attachment 82 - ECF 4962 - Pltfs Opp to BSCs MTE Blaivas, #8 Attachment 83 - ECF 6029 - Memo Opinion and Order re Daubert Motion Blaivas, #9 Attachment 84 - ECF 7007 - BSC's Notice of Adoption of Prior Daubert MTE re Dunn, #10 Attachment 85 - ECF 7058 - Pltfs' Notice of Adoption of Prior Daubert Response re Dunn, #11 Attachment 86 - ECF 7165 - BSC's Notice of Adoption of Prior Reply re MTE Dunn, #12 Attachment 87 - ECF 7008 - BSC's Notice of Adoption of Prior Daubert MTE Galloway, #13 Attachment 88 - ECF 4818 - BSCs MTE Galloway and Memo in Support, #14 Attachment 89 - ECF 7048 - Pltfs Notice of Adoption of Response re Galloway, #15 Attachment 90 - ECF 4958 - Pltfs Opp to BSCs MTE and Memo in Support of its MTE Galloway, #16 Attachment 91 - ECF 6031 - Memo Opinion and Order re Daubert Motion Galloway, #17 Attachment 92 - ECF 7009 - BSCs Notice of Adoption of Prior Daubert MTE Guelcher, #18 Attachment 93 - ECF 7057 - Pltfs Notice of Adoption of Prior Daubert Response Guelcher, #19 Attachment 94 - ECF 7166 - BSCs Notice of Adoption of BSC's Prior Reply MTE Guelcher, #20 Attachment 95 - ECF 7015 - BSC's Notice of Adoption of Prior Daubert MTE Dr. V. Iakovlev, #21 Attachment 96 PT1 - ECF 4819 - BSCs MTE Iakovlev PT 1, #22 Attachment 96 PT2 - ECF 4819 - BSCs MTE Iakovlev PT2, #23 Attachment 97 - ECF 7050 - Pltfs Notice of Adoption of Daubert Response re Iakovlev, #24 Attachment 98 PT1 - ECF 4959 - Pltfs Response to BSCs MTE Iakovlev w Exhibits A-E PT1, #25 Attachment 98 PT2 - ECF 4959 - Pltfs Response to BSCs MTE Iakovlev w Exhibits A-E PT2, #26 Attachment 99 - ECF 6033 - Memo Opinion and Order re Daubert Motion Iakovlev, #27 Attachment 100 - ECF 7017 - BSCs Notice of Adoption of Prior MTE Margolis)(Felker, Samuel) |
| Filing 41 Additional Attachments to Main Document re: #39 Notice (Other),,,,,,,,. (Attachments: #1 Attachment 51 - ECF 6032 - Memo Opinion and Order re Daubert Motion re Guerette, #2 Attachment 52 - ECF 6995 - Pltfs Notice of Adoption of Prior Daubert Motion Little, #3 Attachment 53 PT1- ECF 4825 - Pltfs Motion and Memo Support of MTE Little w Exhibits 1-5 PT1, #4 Attachment 53 PT2- ECF 4825 - Pltfs Motion and Memo Support of MTE Little w Exhibits 1-5 PT2, #5 Attachment 54 - ECF 7066 - BSCs Notice of Adoption of Prior Daubert Response Little, #6 Attachment 55 - ECF 4979 - BSCs Response in Opp to Pltfs MTE Little, #7 Attachment 56 - ECF 5034 - Pltfs Reply to Defts Response to Pltfs MTE Little, #8 Attachment 57 - ECF 6044 - Memo Opinion and Order re Daubert Motion Little, #9 Attachment 58 - ECF 7006 - Pltfs MTE McCrery, #10 Attachment 59 - ECF 7068 - BSCs Memo in Opposition to Pltfs MTE McCrery, #11 Attachment 60 - ECF 7170 - Pltfs Reply in Support of MTE McCrery, #12 Attachment 61 - ECF 6990 - Pltfs Notice of Adoption of Prior Daubert Motion re Rice, #13 Attachment 62 - ECF 4830 - Pltfs Combined Motion and MTE Rice, #14 Attachment 63 - ECF 7041 - BSCs Notice of Adoption of Prior Daubert Response re Rice, #15 Attachment 64 - ECF 4971 - Memo in Opp to Pltfs Combined Motion and MTE Rice w Exhibits a-d, #16 Attachment 65 - ECF 6046 - Memo Opinion and Order re Daubert Motion re Rice, #17 Attachment 66 - ECF 6986 - Pltfs Notice of Adoption of Prior Daubert Motion re Rosenblatt, #18 Attachment 67 - ECF 4833 - Pltfs MTE Rosenblatt and Memo in Support, #19 Attachment 68 - ECF 7061 - BSCs Notice of Adoption of Prior Daubert Response re Rosenblatt, #20 Attachment 69 - ECF 4978 - BSCs Memo in Opp to Pltfs MTE Rosenblatt w Exhibits a-b, #21 Attachment 70 - ECF 5039 - Pltfs Reply Brief in Support of MTE Rosenblatt, #22 Attachment 71 - ECF 6047 - Memo Opinion and Order re Daubert Motion re Dr. P. Rosenblatt, #23 Attachment 72 - ECF 7004 - Pltfs MTE and Memo re Spiegelberg, #24 Attachment 73 - ECF 4827 - Pltfs MTE Spiegelberg and Memo in Support, #25 Attachment 74 - ECF 7088 - BSCs Response in Opp to Pltfs Combined MTE Spiegelberg, #26 Attachment 75 - ECF 4969 - BSCs Response in Opp to Pltfs MTE Spiegelberg)(Felker, Samuel) |
| Filing 40 Additional Attachments to Main Document re: #39 Notice (Other),,,,,,,,. (Attachments: #1 Attachment 26 - ECF 7060 - BSCs Notice of Adoption of Prior Daubert Response Culligan, #2 Attachment 27 - ECF 7158 - Pltfs Notice of Adoption of Prior Daubert Reply Culligan, #3 Attachment 28 - ECF 6987 - Pltfs Notice of Adoption of Prior Daubert Motion re Davies, #4 Attachment 29 - ECF 4824 - Pltfs Combined MTE and Memo re Davies, #5 Attachment 30 - ECF 7052 - BSCs Notice of Adoption of Prior Daubert Response re Davies, #6 Attachment 31 - ECF 4975 - BSCs Opp to Pltf_s MTE Davies, #7 Attachment 32 - ECF 5032 - Pltfs Reply Memo in Support of MTE Davies, #8 Attachment 33 - ECF 6030 - Memo Opinion and Order re Davies, #9 Attachment 34 - ECF 6993 - Pltfs Notice of Adoption of Prior Daubert Motion Goldberg, #10 Attachment 35 - ECF 4829 - Pltfs Combined Motion and Memo in Support of MTE Goldberg, #11 Attachment 36 - ECF 7064 - BSCs Notice of Adoption of Prior Daubert Response Goldberg, #12 Attachment 37 - ECF 4980 - BSCs Opp to Pltfs MTE Goldberg, #13 Attachment 38 - ECF 5036 - Pltfs Reply to Dfs Response to Pltfs Combined MTE Goldberg, #14 Attachment 39 - ECF 6043 - Memo Opinion and Order re Daubert Motion Goldberg, #15 Attachment 40 - ECF 6994 - Pltfs Notice of Adoption of Prior Daubert MTE Green, #16 Attachment 41 - ECF 1010 - Pltfs Memo in Support of MTE Green w Exhibits A-F, #17 Attachment 42 - ECF 1018 - PTO-119 - Order re Pending Daubert Motions Filed in MDL, #18 Attachment 43 - ECF 7055 - BSCs Notice of Adoption of Prior Daubert Response of Green, #19 Attachment 44 - ECF 7159 - Pltfs Notice of Adoption of Prior Daubert Reply re Green, #20 Attachment 45 - ECF 6999 - Pltf's Motion and Memo to Exclude Guerette, #21 Attachment 46 - ECF 6997 - Pltf's Notice of Adoption of Prior Daubert Motion re Guerette, #22 Attachment 47 - ECF 4823 - Motion and Memo in Support of Pltf's MTE Guerette, #23 Attachment 48 - ECF 7059 - BSC's Notice of Adoption of Prior Daubert Response re Guerette, #24 Attachment 49 - ECF 4977 - BSC's Memo in Opposition to Pltf's MTE Guerette w Exhibits A-E, #25 Attachment 50 - ECF 5035 - Reply Memo in Support of Pltf's MTE Guerette w Exhibits A-C)(Felker, Samuel) |
| Filing 39 NOTICE by Boston Scientific Corporation Corrected Joint Designation of Record on Remand (Attachments: #1 Attachment 01 - ECF 161 - Stipulated Protective Order, #2 Attachment 02 - ECF 184 - Stipulation for the Production of Docs and Electronically Stored Info, #3 Attachment 03 - ECF 196 - New Direct Filing Order, Master Complaint, SF Complaint, #4 Attachment 04 - ECF 197 - Master Long Form Complaint, #5 Attachment 05 - ECF 200 - BSC's Master Answer to Master Long Form Complaint, #6 Attachment 06 - ECF 4955 - PTO 175 - Docket Control Order - BSC Wave 4 Cases, #7 Attachment 07 - ECF 4987 - PTO 176 - Notice of Correction of Error in PTO-175 - Wave 4, #8 Attachment 08 - ECF 6100 - PTO 187 - Amended Docket Control Order - BSC Wave 4, #9 Attachment 09 - ECF 7003 - Pltfs MTE and Memo re Anger Opinion, #10 Attachment 10 - ECF 7069 - BSCs Memo in Opp to Pltfs MTE Anger, #11 Attachment 11 - ECF 7173 - Pltfs Reply in Support of MTE Anger, #12 Attachment 12 - ECF 6984 - Pltfs Notice of Adoption of Prior Daubert Motion Badylak, #13 Attachment 13 - ECF 4826 - Pltfs Motion and Memo Support of MTE Badylak, #14 Attachment 14 - ECF 7067 - BSCs Notice of Adoption of Prior Daubert Response Badylak, #15 Attachment 15 - ECF 4976 - BSCs Opp to Pltfs MTE Badylak, #16 Attachment 16 - ECF 5033 - Pltfs Reply to Defs Response to Pltfs MTE Badylak, #17 Attachment 17 - ECF 6041 - Memo Opinion and Order re Daubert Motion Badylak, #18 Attachment 18 - ECF 7000 - Pltfs Notice of Adoption of Prior Daubert Motion re Caraballo, #19 Attachment 19 - ECF 4831 - Motion and Memo in Support of Pltfs MTE re Caraballo, #20 Attachment 20 - ECF 7063 - BSCs Notice of Adoption of Prior Daubert Response re Caraballo, #21 Attachment 21 - ECF 4973 - BSCs Memo in Opp to Pltfs MTE Caraballo, #22 Attachment 22 - ECF 5029 - Pltfs Reply to BSCs Opp to Pltfs MTE Caraballo, #23 Attachment 23 - ECF 6042 - Memo Opinion and Order re Caraballo, #24 Attachment 24 - ECF 6985 - Pltfs Notice of Adoption of Prior Daubert Motion Culligan, #25 Attachment 25 - ECF 1013 - Pltfs Motion and Memo in Support of MTE Culligan w exhibits A-C)(Felker, Samuel) |
|
Filing 38
ORDER granting #35 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Alan R. Vickery is granted. Signed by Vicki Kinkade on 09/24/2020. (vk)
|
|
Filing 37
ORDER granting #34 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Anthony W. Finnell is granted. Signed by Vicki Kinkade on 09/24/2020. (vk)
|
| TN State Bar status verified as active for Sarah D. Murray admitted to this court. (mg) |
| Filing 36 NOTICE of Appearance by Sarah D. Murray on behalf of Boston Scientific Corporation (Murray, Sarah) |
| MN State Bar status verified as active for Anthony W. Finnell, Jr., and TX State Bar status verified as active for Alan R. Vickery not admitted to this court - Local counsel noted. (mg) |
| TN State Bar status verified as active for Samuel Lanier Felker. (mg) |
| Filing 35 MOTION for attorney Alan R. Vickery to Appear Pro Hac Vice as Co-Counsel for Boston Scientific Corporation (paid $100 PHV fee; receipt number 0650-3218211) by Boston Scientific Corporation. (Attachments: #1 Exhibit A - Certificate of Good Standing - U.S. District Court for the Northern District of Texas)(Felker, Samuel) |
| Filing 34 MOTION for attorney Anthony W. Finnell, Jr. to Appear Pro Hac Vice as Co-Counsel for Boston Scientific Corporation (paid $100 PHV fee; receipt number 0650-3218204) by Boston Scientific Corporation. (Attachments: #1 Exhibit A - Certificate of Good Standing - US District Court for the District of Minnesota, #2 Exhibit B - Letter of Good Standing - Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois)(Felker, Samuel) |
| Filing 33 NOTICE by Boston Scientific Corporation of Withdrawal of James H. Keale, Jon A. Strongman and Michael Bonasso as Counsel for Defendant Boston Scientific Corporation (Felker, Samuel) |
| Filing 32 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Boston Scientific Corporation. (Felker, Samuel) |
| Filing 31 NOTICE of Appearance by Samuel Lanier Felker on behalf of Boston Scientific Corporation (Felker, Samuel) |
|
Filing 30
ORDER SETTING CASE FOR TRIAL: Jury Trial set for 5/11/2021 at 9:00 AM in Courtroom 874 before District Judge Eli J. Richardson. Pretrial Conference set for 5/3/2021 at 8:30 AM in Courtroom 874 before District Judge Eli J. Richardson. Joint Proposed Pretrial Order due by 4/26/2021; Exhibit List due by 4/26/2021; and Witness List due by 4/26/2021. All lawyers who will participate in the trial must attend the pretrial conference. Signed by District Judge Eli J. Richardson on 9/16/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
|
| Filing 29 NOTICE of Initial Case Management Conference set for 11/3/2020 at 10:00 AM in Courtroom 774 before Magistrate Judge Alistair Newbern. (mg) |
| Filing 28 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg) |
| Filing 27 NOTICE of Business Entity Disclosure Statement filing requirement. (mg) |
| WV State Bar status verified as active for Michael Bonasso, Philip J. Combs, and Susan M. Robinson not admitted to this court - Local counsel required. (mg) |
| MS State Bar status verified as active for William M. Gage, and Ashley Nader Stubbs not admitted to this court - Local counsel required. MS State Bar status verified as active for Kari L. Sutherland who is admitted to practice in this court. (mg) |
| MO State Bar status verified as active for Jon A. Strongman, and NJ State Bar status verified as active for James H. Keale not admitted to this court - Local counsel required. (mg) |
| TX State Bar status verified as active for Andrew F. Kirkendall, and Alexander Grier Dwyer not admitted to this court - Local counsel required. (mg) |
| NOTICE TO COUNSEL Jon A. Strongman, Michael Bonasso, James H. Keale, Andrew F. Kirkendall, Alexander Grier Dwyer: WITHIN 21 DAYS, 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 10/7/2020. (mg) Modified on 9/16/2020 (mg). |
| NOTICE TO COUNSEL Jon A. Strongman, Michael Bonasso, James H. Keale, Andrew F. Kirkendall, Alexander Grier Dwyer: 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 10/7/2020. (mg) |
| Filing 26 Case transferred in from the District of West Virginia Southern; Case Number 2:17-cv-02479. Original file certified copy of transfer order and docket sheet received. Modified on 9/14/2020 (mg). |
| Filing 25 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02326 - Boston Scientific Corporation. (Strongman, Jon) [Transferred from West Virginia Southern on 9/14/2020.] |
|
Filing 24
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 09/04/2020 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 09/03/2020 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 8/21/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (maw) [Transferred from West Virginia Southern on 9/14/2020.]
|
|
Filing 23
ORDER granting #22 JOINT MOTION by Ethicon, Inc., Johnson & Johnson, Delilah Rhoton to Dismiss Without Prejudice all claims against the Ethicon Defendants pursuant to Fed. R. Civ. P. 41(a)(2), each party to bear her or its own costs; other defendants remain and the case will remain open. Signed by Judge Joseph R. Goodwin on 6/7/2019. (cc: attys; any unrepresented party) (kab) [Transferred from West Virginia Southern on 9/14/2020.]
|
| Filing 22 JOINT MOTION by Ethicon, Inc., Johnson & Johnson, Delilah Rhoton to Dismiss Without Prejudice. (Gage, William) (Modified on 6/5/2019 to add party filer) (kew). [Transferred from West Virginia Southern on 9/14/2020.] |
|
Filing 21
ORDER granting the Motions filed in MDL 2326 by Ethicon, Inc., Johnson & Johnson to Substitute Susan M. Robinson as Counsel in lieu of David B. Thomas, and to Substitute William M. Gage as Counsel in lieu of Christy D. Jones; the Clerk is directed to terminate Christy D. Jones and to substitute William M. Gage as counsel of record, both on the main master docket and for each individual member case in MDL 2326 with which Christy D. Jones is associated, and to terminate David B. Thomas and to substitute Susan M. Robinson as counsel of record, both on the main master docket and for each individual member case in MDL 2326 with which David B. Thomas is associated. Signed by Judge Joseph R. Goodwin on 5/24/2018. (cc: counsel of record; any unrepresented party) (lca) (ADI) [Transferred from West Virginia Southern on 9/14/2020.]
|
| Filing 20 STIPULATION OF SETTLEMENT BETWEEN CERTAIN PARTIES (Relief from deadlines set forth in PTO #175) by Boston Scientific Corporation, Delilah Rhoton (Strongman, Jon) (Modified on 8/31/2018 to add party filer) (kp). [Transferred from West Virginia Southern on 9/14/2020.] |
|
Filing 19
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) (lca) (ADI) [Transferred from West Virginia Southern on 9/14/2020.]
|
| Filing 18 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 9/14/2020.] |
| Filing 17 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Alexander Grier Dwyer on behalf of Delilah Rhoton. (Dwyer, Alexander) [Transferred from West Virginia Southern on 9/14/2020.] |
| Filing 16 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Ashley Nader Stubbs on behalf of Ethicon, Inc., Johnson & Johnson. (Stubbs, Ashley) [Transferred from West Virginia Southern on 9/14/2020.] |
| Filing 15 NOTICE OF WITHDRAWAL by Ethicon, Inc., Johnson & Johnson of #11 Notice of Videotaped Deposition (Gage, William) [Transferred from West Virginia Southern on 9/14/2020.] |
| Filing 14 PLAINTIFF FACT SHEET filed by Delilah Rhoton. (Dwyer, Alexander) [Transferred from West Virginia Southern on 9/14/2020.] |
| Filing 13 PLAINTIFF FACT SHEET filed by Delilah Rhoton. (Dwyer, Alexander) [Transferred from West Virginia Southern on 9/14/2020.] |
| Filing 11 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Bert Geer on 4/10/2018 at 9:00 a.m. (Combs, Philip) [Transferred from West Virginia Southern on 9/14/2020.] |
|
Filing 12
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 9/14/2020.]
|
| Filing 10 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 9/14/2020.] |
| Filing 9 PLAINTIFF PROFILE FORM filed by Delilah Rhoton. (Kirkendall, Andrew) [Transferred from West Virginia Southern on 9/14/2020.] |
| Filing 8 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) [Transferred from West Virginia Southern on 9/14/2020.] |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) [Transferred from West Virginia Southern on 9/14/2020.] |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) [Transferred from West Virginia Southern on 9/14/2020.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson. (Thomas, David) [Transferred from West Virginia Southern on 9/14/2020.] |
| 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 West Virginia Southern on 9/14/2020.] |
| Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jon A. Strongman on behalf of Boston Scientific Corporation. (Strongman, Jon) [Transferred from West Virginia Southern on 9/14/2020.] |
| 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 West Virginia Southern on 9/14/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-5534551. (Attachment: #1 Civil Cover Sheet) (cma) [Transferred from West Virginia Southern on 9/14/2020.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Tennessee Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
