Edman et al v. American Medical Systems, Inc.
| Leah Edman and Jonathan Edman |
| American Medical Systems Inc |
| 4:2020cv00120 |
| February 20, 2020 |
| US District Court for the Eastern District of Texas |
| Sean D Jordan |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 49 NOTICE of Hearing: The Rule 16 Management Conference is reset for 4/22/2020 at 2:00 p.m. and will be held telephonically before District Judge Sean D. Jordan. Dial-in information and instructions will be provided to counsel via email. Entered on 4/15/2020. (ldm) |
| Filing 48 REPORT OF RULE 26(f) PLANNING MEETING by American Medical Systems Inc. (Spencer, Lora) (Additional attachment(s) added on 4/10/2020: #1 Text of Proposed Order) (baf, ). |
| Filing 47 NOTICE of Attorney Appearance by Lora Spencer on behalf of American Medical Systems Inc (Spencer, Lora) |
| Filing 46 ***DEFICIENT DOCUMENT - PLEASE DISREGARD *** NOTICE of Attorney Appearance by Christina Marie Vitale on behalf of American Medical Systems Inc (Vitale, Christina) Modified on 3/20/2020 (las). |
Filing 45
PRELIMINARY ORDER GOVERNING PROCEEDINGS. Rule 16 Management Conference set for 4/22/2020 at 10:00 AM in Ctrm 105 (Plano) before District Judge Sean D. Jordan. Rule 26 Meeting Joint Report due by 4/9/2020. Signed by District Judge Sean D. Jordan on 3/9/2020. (baf, )
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| Filing 44 NOTICE by American Medical Systems Inc (Attachments: #1 ECF 204 - PTO #012, #2 ECF 231 - PTO #013, #3 ECF 241 - Notice P's Request for Production re AMS, #4 ECF 261 - PTO #015, #5 ECF 288 - PTO #017, #6 ECF 289 - Master Long Form Complaint and Jury Demand, #7 ECF 290 - Short Form Complaint, #8 ECF 291 - Amended Short Form Complaint, #9 ECF 302 - PTO#019, #10 ECF 326 - PTO#024, #11 ECF 343 - PTO#027, #12 ECF 359 - PTO#030, #13 ECF 370 - PTO#032, #14 ECF 380 - PTO#035, #15 ECF 423 - PTO#040, #16 ECF 469 - PTO#041, #17 ECF 500 - PTO#047, #18 ECF 554 - PTO#054, #19 ECF 662 - PTO#063, #20 ECF 686 - PTO#067, #21 ECF 715 - PTO#070, #22 ECF 748 - PTO#073, #23 ECF 749 - PTO#074, #24 ECF 1086 - PTO#116, #25 ECF 1129 - PTO#118, #26 ECF 1209 - PTO#158, #27 ECF 1229 - PTO#169, #28 ECF 1234 - PTO#171, #29 ECF 3487 - PTO#231, #30 ECF 3496 - PTO#232, #31 ECF 7137- PTO#274, #32 ECF 7413 - P's Daubert Opposition re Priddy, #33 ECF 7472 - AMS Daubert Motion on Priddy, #34 ECF 7474 - AMS Daubert Brief on Priddy, #35 ECF 7499 - P's Adoption of Daubert Response on Priddy, #36 ECF 7511 - AMS Daubert Reply on Priddy, #37 ECF 7549 - P's Adoption of Response Opposition to AMS Daubert Motion re Priddy, #38 ECF 7465 - AMS Daubert Motion on Garely, #39 ECF 7466 - AMS Daubert Brief on Garely, #40 ECF 7498 - P's Adoption of Daubert Response re Garely, #41 ECF 7508 - AMS Daubert Reply on Garely Motion, #42 ECF 6787 - P's Response to AMS Daubert re Galloway and Blaivas, #43 ECF 6789 - Garely - P's Daubert Response re Garely, #44 ECF 7409 - P's Reponse to Garely Motion, #45 ECF 7545 - P's Adoption of Motion on Garely, #46 ECF 7550 - P's Adoption on Garely Response, #47 ECF 7554 - Correa - P's Adoption of Response on Garely, #48 ECF 7475 - AMS Daubert Motion on Rosenzweig, #49 ECF 7478 - AMS Daubert Brief on Rosenzweig, #50 ECF 7501 - P's Adoption fo Response re Rosenzweig, #51 ECF 7512 - AMS Daubert Reply on Rosenzweig, #52 ECF 6761 - P's Adoption of Response on Rosenzweig, #53 ECF 6836 - P's Daubert Opposition on Rosenzweig, #54 ECF 7411 - P's Daubert Opposition on Rosenzweig, #55 ECF 7548 - P's Adoption of Rosenzweig Response, #56 ECF 7471 - AMS Daubert Motion on Iakovlev Part 1 of 3, #57 ECF 7471 - AMS Daubert Motion on Iakovlev Part 2 of 3, #58 ECF 7471 - AMS Daubert Motion on Iakovlev Part 3 of 3, #59 ECF 7473 - AMS Daubert Brief on Iakovlev, #60 ECF 7491 - P's Adpotion of Iakovlev Response, #61 ECF 7507 - AMS Daubert Reply re Iakovlev Motion, #62 ECF 6794 - Plaintiff_s Response on Iakovlev Motion Part 1 of 6, #63 ECF 6794 - Plaintiff_s Response on Iakovlev Motion Part 2 of 6, #64 ECF 6794 - Plaintiff_s Response on Iakovlev Motion Part 3 of 6, #65 ECF 6794 - Plaintiff_s Response on Iakovlev Motion Part 4 of 6, #66 ECF 6794 - Plaintiff_s Response on Iakovlev Motion Part 5 of 6, #67 ECF 6794 - Plaintiff_s Response on Iakovlev Motion Part 6 of 6, #68 ECF 7405 - P's Adoption of Response on Iakovlev, #69 ECF 74001 - P's Daubert Motion re Kozak, #70 ECF 7401 - Plaintiff's Daubert Brief re Kozak, #71 ECF 7412 - AMS Opposition Brief re Kozak, #72 ECF 7481 - Plaintiff's Adoption of Badylak, Becker, Kozak, and Coad motions, #73 ECF 7494 - AMS Response to Plaintiff's Adoption re Becker, #74 ECF 7495 - AMS Opposition to P's Adoption of Daubert Response on Kozak, #75 ECF 7496 - AMS Response in Opp re Badylak Part 1 of 3, #76 ECF 7496 - AMS Response in Opp re Badylak Part 2 of 3, #77 ECF 7496 - AMS Response in Opp re Badylak Part 3 of 3, #78 ECF 7497 - AMS Opposition to P's Adpotion of Response re Coad)(Vitale, Christina) |
| Filing 43 NOTICE of Attorney Appearance by Christina Marie Vitale on behalf of American Medical Systems Inc (Vitale, Christina) |
| Filing 42 Case transferred in from District of West Virginia Southern; Case Number 2:14-cv-27730. Original file certified copy of transfer order and docket sheet received. |
| ***Pursuant to LOCAL RULE CV-7(a)(j)Re-urged Motions in Transferred/Removed Cases. Except in prisoner cases, any motions pending in another federal or state court made by any party will be considered moot at the time of transfer or removal unless they are re-urged in this court. See Local Rule CV-81(d).*** (baf, ) |
| Case ASSIGNED to District Judge Sean D. Jordan. (baf, ) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (baf, ) |
| Notified Attorney for Defendant, Barbara R. Binis, Per GO 04-12, this court no longer accepts pleadings in paper form. The Clerk will no longer mail or fax notices or orders to parties. All notices and orders generated by this court shall be sent electronically. ***ATTORNEY NOT ADMITTED TO PRACTICE IN OUR COURT - ATTORNEY ADMISSION LETTER EMAILED TO BARBARA R. BINIS*** (baf, ) |
| Notified Attorney for Defendant, Erik W. Legg, Per GO 04-12, this court no longer accepts pleadings in paper form. The Clerk will no longer mail or fax notices or orders to parties. All notices and orders generated by this court shall be sent electronically. ***ATTORNEY NOT ADMITTED TO PRACTICE IN OUR COURT - ATTORNEY ADMISSION LETTER EMAILED TO ERIK W. LEGG*** (baf, ) |
| Filing 41 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02325 - American Medical Systems, Inc. (Binis, Barbara) (Modified on 2/19/2020 to add party filers) (slr). [Transferred from West Virginia Southern on 2/20/2020.] |
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Filing 40
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 2/20/2020 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 2/19/2020 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 02/06/2020. (cc: counsel of record; any unrepresented party) (REF: MDL 2325; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 2/20/2020.]
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Filing 39
ORDER The #38 UNOPPOSED MOTION by American Medical Systems, Inc. to Withdraw Its #23 MOTION to Strike the Report of Dr. Michael T. Margolis is GRANTED; and denying #23 MOTION by American Medical Systems, Inc. to Strike the Report of Dr. Michael T. Margolis only; the remainder of the motion at ECF Number 23, AMS's Motion to Exclude Dr. Margolis's Opinion Pursuant to Daubert and Federal Rules of Evidence 702 and 703, remains pending. Signed by Judge Joseph R. Goodwin on 10/23/2019. (cc: counsel of record; any unrepresented party) (st) [Transferred from West Virginia Southern on 2/20/2020.]
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| Filing 38 UNOPPOSED MOTION by American Medical Systems, Inc. to Withdraw Its #23 MOTION to Strike the Report of Dr. Michael T. Margolis (Attachment: #1 Proposed Order)(Binis, Barbara) (Modified on 10/18/2019 to correct event type; to remove link to #32 Reply to Response and #24 Memorandum in Support; to add link to #23 Motion) (slr). [Transferred from West Virginia Southern on 2/20/2020.] |
| Filing 37 OBJECTIONS AND RESPONSES to #34 Notice of Oral Deposition of Saad Juma, M.D. by American Medical Systems, Inc. (Binis, Barbara) [Transferred from West Virginia Southern on 2/20/2020.] |
| Filing 36 OBJECTIONS to #33 Amended Notice of Deposition of Michael Margolis, MD, by Jonathan Edman, Leah Edman (Browne, Spencer) [Transferred from West Virginia Southern on 2/20/2020.] |
| Filing 35 NOTICE TO TAKE DEPOSITION DUCES TECUM by Jonathan Edman, Leah Edman of James Coad, M.D. on 11/8/2019 at 9:00 am (Browne, Spencer) [Transferred from West Virginia Southern on 2/20/2020.] |
| Filing 34 NOTICE TO TAKE DEPOSITION DUCES TECUM by Jonathan Edman, Leah Edman of Saad Juma, MD on 10/11/2019 at 9:30 a.m. (Browne, Spencer) [Transferred from West Virginia Southern on 2/20/2020.] |
| Filing 33 AMENDED NOTICE OF DEPOSITION by American Medical Systems, Inc. of Dr. Michael T. Margolis on October 6, 2019 at 9:30 PM (Binis, Barbara) [Transferred from West Virginia Southern on 2/20/2020.] |
| Filing 32 REPLY by American Medical Systems, Inc. to #29 Response In Opposition. (Attachments: #1 Exhibit 1)(Binis, Barbara) [Transferred from West Virginia Southern on 2/20/2020.] |
| Filing 31 OBJECTIONS by Jonathan Edman, Leah Edman to #20 Notice of Deposition of Michael T. Margolis, M.D. (Browne, Spencer) [Transferred from West Virginia Southern on 2/20/2020.] |
| Filing 30 REPLY by American Medical Systems, Inc. to #27 Response In Opposition. (Attachments: #1 Exhibit A)(Weil, Rachel) [Transferred from West Virginia Southern on 2/20/2020.] |
| Filing 29 RESPONSE by Jonathan Edman, Leah Edman in opposition to #23 MOTION by American Medical Systems, Inc. to to Strike the Report of Dr. Michael T. Margolis, M.D. and to Exclude His Opinions (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Browne, Spencer) (Modified on 9/3/2019 to remove link to #24 Memorandum in Support) (slr). [Transferred from West Virginia Southern on 2/20/2020.] |
| Filing 28 OPPOSITION by American Medical Systems, Inc. to #25 MOTION by Jonathan Edman, Leah Edman to Exclude the Testimony of Saad Juma, M.D. (Attachments: #1 Proposed Order, #2 Exhibit A)(Weil, Rachel) [Transferred from West Virginia Southern on 2/20/2020.] |
| Filing 27 RESPONSE by Jonathan Edman, Leah Edman in opposition to #21 MOTION by American Medical Systems, Inc. for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Browne, Spencer) (Modified on 8/30/2019 to remove link to #22 Memorandum in Support) (slr). [Transferred from West Virginia Southern on 2/20/2020.] |
| Filing 26 MEMORANDUM OF LAW by Jonathan Edman, Leah Edman in support of #25 MOTION by Jonathan Edman, Leah Edman to Exclude Daubert Motion to Exclude Opinions of Saad Juma, M.D. (Browne, Spencer) [Transferred from West Virginia Southern on 2/20/2020.] |
| Filing 25 MOTION by Jonathan Edman, Leah Edman to Exclude Daubert Motion to Exclude Opinions of Saad Juma, M.D. (Attachments: #1 Exhibit A)(Browne, Spencer) [Transferred from West Virginia Southern on 2/20/2020.] |
| Filing 24 MEMORANDUM OF LAW by American Medical Systems, Inc. in support of #23 MOTION by American Medical Systems, Inc. to Strike the Report of Dr. Michael T. Margolis and to Exclude His Opinions Pursuant to Daubert and Federal Rules of Evidence 702 and 703. (Weil, Rachel) [Transferred from West Virginia Southern on 2/20/2020.] |
| Filing 23 MOTION by American Medical Systems, Inc. to Strike the Report of Dr. Michael T. Margolis and to Exclude His Opinions Pursuant to Daubert and Federal Rules of Evidence 702 and 703. (Attachments: #1 Exhibit 1-15, #2 Proposed Order)(Weil, Rachel).(Modified on 8/15/2019 to add relief code)(slr). [Transferred from West Virginia Southern on 2/20/2020.] |
| Filing 22 MEMORANDUM OF LAW by American Medical Systems, Inc. in support of #21 MOTION by American Medical Systems, Inc. for Summary Judgment (McConnell, Stephen) [Transferred from West Virginia Southern on 2/20/2020.] |
| Filing 21 MOTION by American Medical Systems, Inc. for Summary Judgment (Attachments: #1 Proposed Order, #2 Exhibit A-J)(McConnell, Stephen) [Transferred from West Virginia Southern on 2/20/2020.] |
| Filing 20 NOTICE OF DEPOSITION by American Medical Systems, Inc. of Michael T. Margolis, M.D. on August 18, 2019 at 8:00 A.M. PT (Binis, Barbara) [Transferred from West Virginia Southern on 2/20/2020.] |
| Filing 19 CERTIFICATE OF SERVICE by Jonathan Edman, Leah Edman for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Browne, Spencer) [Transferred from West Virginia Southern on 2/20/2020.] |
| Filing 18 NOTICE OF DEPOSITION by American Medical Systems, Inc. of Brian Feagins, M.D. on June 6, 2019 at 2:00 P.M. CDT (Binis, Barbara) [Transferred from West Virginia Southern on 2/20/2020.] |
| Filing 17 NOTICE OF DEPOSITION by American Medical Systems, Inc. of Philippe Zimmern, M.D. on May 31, 2019 at 3:00 PM (Binis, Barbara) [Transferred from West Virginia Southern on 2/20/2020.] |
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Filing 16
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 2/20/2020.]
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Filing 15
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) (mkw) [Transferred from West Virginia Southern on 2/20/2020.]
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Filing 14
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") (mek) (ADI) [Transferred from West Virginia Southern on 2/20/2020.]
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Filing 13
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) (st) [Transferred from West Virginia Southern on 2/20/2020.]
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Filing 12
AMENDED INACTIVE DOCKET ORDER (Amends Inactive Docket Order ECF No. 4908) The Inactive Docket Order filed in MDL 2325 at ECF No. 4908 is amended. The Court ORDERS as follows: (1) all discovery deadlines are continued until further order of the Court, (2) the cases on the attached Exhibit A that are currently on the inactive docket shall remain on the inactive docket, (3) the parties 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 plaintiff(s) and defendant(s) are directed to provide quarterly reports as to their progress. 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. The Clerk is further DIRECTED to link this Order to the Proposed Inactive Docket Order filed at ECF No. 4990. Signed by Judge Joseph R. Goodwin on 10/4/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2325; Cases Listed on Exhibit A) Signed by Judge Joseph R. Goodwin on 10/4/2017. (cc: attys; any unrepresented party) (rmc) [Transferred from West Virginia Southern on 2/20/2020.]
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Filing 11
INACTIVE DOCKET ORDER: The court has been advised that the plaintiff(s) and American Medical Systems have reached a settlement with regard to AMS. All discovery deadlines are continued until further order of the court. The Clerk is directed to retire this case from the active docket. Plaintiff(s) and AMS may submit an agreed order of dismissal with prejudice on or before 10/31/2017; if settlements are not finalized and dismissal orders are not submitted by then the Court will have a hearing to determine the appropriate action pertaining to any remaining cases on the inactive docket. Counsel for plaintiffs and defendant(s) are directed to provide quarterly reports as to their progress in dismissing cases on the inactive docket. The court will reinstate the case to the active docket if one of the parties shows good cause for such reinstatement. This Order is related to the Proposed Inactive Docket Order filed at ECF No. 4874 in MDL Case No. 2325 AMS. Signed by Judge Joseph R. Goodwin on 8/30/2017. (cc: attys; any unrepresented party) (kp) (ADI) [Transferred from West Virginia Southern on 2/20/2020.]
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| Filing 10 NOTICE OF DEPOSITION by American Medical Systems, Inc. of Brian A. Feagins, M.D. on July 27, 2017 at 3:00 PM (Binis, Barbara) [Transferred from West Virginia Southern on 2/20/2020.] |
| Filing 9 PLAINTIFF PROFILE FORM filed by Jonathan Edman, Leah Edman. (Browne, Spencer) [Transferred from West Virginia Southern on 2/20/2020.] |
| Filing 8 PLAINTIFF FACT SHEET filed by Jonathan Edman, Leah Edman. (Browne, Spencer) [Transferred from West Virginia Southern on 2/20/2020.] |
| Filing 7 CERTIFICATE OF SERVICE by Leah Edman for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Browne, Spencer) [Transferred from West Virginia Southern on 2/20/2020.] |
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Filing 6
PRETRIAL ORDER # 232 (Ruling on Plaintiffs' Motion to Extend and First Amended Docket Control Order - Wave 2 Cases) granting the Motion by Plaintiffs in Wave 2 Cases to Extend Deadline for Service of Wave 2 Plaintiff Fact Sheets to 1/31/2017 filed in the MDL; the following deadlines shall apply in the MDL 2325 Wave 2 cases: Plaintiff Fact Sheets due by 1/31/2017, Defendant Fact Sheets due by 3/01/2017, 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, Reply to response to Daubert motions due by 10/11/2017; the PFS and Defendant Fact Sheet deadlines for the Wave 2 plaintiffs in paragraph A are extended by one week; the remaining deadlines related to the AMS Wave 2 plaintiffs remain the same. Signed by Judge Joseph R. Goodwin on 1/18/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2325; Wave 2 Cases) (ts) [Transferred from West Virginia Southern on 2/20/2020.]
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Filing 5
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) (ts) [Transferred from West Virginia Southern on 2/20/2020.]
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| Filing 4 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 2/20/2020.] |
| Filing 3 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 2/20/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 189 (Order re: Qualified Settlement Fund - AMS, Inc. & Audet & Partners LLP) entered on 10/14/2014 in MDL 2325 to attorneys in member case. (kw) [Transferred from West Virginia Southern on 2/20/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-3517556. (Attachments: #1 Civil Cover Sheet) (kg) [Transferred from West Virginia Southern on 2/20/2020.] |
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