Hernandez et al v. Boston Scientific Corporation
| Candice Hernandez and Juan Carlos Hernandez |
| Boston Scientific Corporation |
| 1:2020cv01036 |
| October 9, 2020 |
| US District Court for the Western District of Texas |
| Robert Pitman |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 3, 2020. A more recent docket listing may be available from PACER.
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Filing 23
ORDER GRANTING #21 Motion to Withdraw as Attorney; GRANTING #21 Motion to Substitute Attorney. Signed by Judge Robert Pitman. (dm)
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| Filing 21 MOTION to Withdraw as Attorney , MOTION to Substitute Attorney and Notice of Appearance by Boston Scientific Corporation. (Brown, Ryan) |
| Filing 20 Case Transfer and Opening Letter sent to all Counsel. (cj) |
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Filing 19
Orders Directing Eric M. Anielak, Michael Bonasso, Alex Jacob Flint, and Jon A. Strongman to File a Motion to Appear Pro Hac Vice within 14 days. Signed by Judge Robert Pitman. (cj)
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| Filing 18 Case electronically transferred in from Southern District of West Virginia; Case Number 2:13-cv-30702. |
| Case assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cj) |
| DEMAND for Trial by Jury by Candice Hernandez, Juan Carlos Hernandez. (cj) |
| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Lane (cj) |
| Filing 17 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02326 - Boston Scientific Corporation. (Attachments: #1 Exhibit ECF 6050 - Memo Opinion and Order re Daubert Motion Trepeta, #2 Exhibit ECF 7012 - BSCs Notice of Adoption of Prior Daubert MTE Veronikis, #3 Exhibit ECF 4807 - BSC_s MTE and Memo re Veronikis, #4 Exhibit ECF 7045 - Pltf' Notice of Adoption of Prior Daubert re Veronikis, #5 Exhibit ECF 4964 - Pltf_s Response and Memo in Opp to MTE Veronikis, #6 Exhibit ECF 6051 - Memo Opinion and Order re Daubert Motion Veronikis, #7 Exhibit ECF 67 - ALLEN - BSC_s Memo in Opposition to Pltf_s MTE Green, #8 Exhibit ECF 78 - BSC_s Memo in Opp to Pltf_s MTE Culligan, #9 Exhibit ECF 46 - BSC_s MTE Dunn and Memo in Support, #10 Exhibit ECF 46 - EXHIBITS A-H, #11 Exhibit ECF 46 - EXHIBITS I-O, #12 Exhibit ECF 71 - Exh A, #13 Exhibit ECF 71 - Exh B, #14 Exhibit ECF 71 - Exh C, #15 Exhibit ECF 71 - Pltf_s Response to BSC_s MTE Dunn, #16 Exhibit ECF 85 - BSC_s Reply MTE Dunn, #17 Exhibit ECF 52 - BSC_s Memo MTE Guelcher, #18 Exhibit ECF 74 - Ptfs Opp to Dft_s MTE Guelcher, #19 Exhibit ECF 88 - BSC_s Reply MTE Guelcher, #20 Exhibit ECF 127 - Pltf_s Reply to Dft_s Opp to Pltf_s MTE Culligan, #21 Exhibit ECF 92 - FOWLER - Exhs A-D, #22 Exhibit ECF 92 - FOWLER - Pltfs Reply in Support of MTE Green, #23 Exhibit ECF 216 - Pltf_s Memo in Support of MTE Spiegelberg, #24 Exhibit ECF 275 - BSC_s Opposition to Pltf_s MTE Spiegelberg, #25 Exhibit ECF 275 - Exh A, #26 Exhibit ECF 275 - Exh B)(Anielak, Eric) [Transferred from West Virginia Southern on 10/9/2020.] |
| Filing 16 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02326 - Boston Scientific Corporation. (Attachments: #1 Exhibit ECF 4960 - Pltf_s Response in Opp to BSC_s MTE Margolis, #2 Exhibit ECF 6035 - Memo Opinion and Order re Daubert Motion Margolis, #3 Exhibit ECF 7010 - BSC's Notice of Adoption of Prior Daubert MTE Mays, #4 Exhibit ECF 4805 - BSC_s Memo in Support of MTE Mays, #5 Exhibit ECF 4805 - BSC_s Memo of Law in Support of Testimony of Mays, #6 Exhibit ECF 7065 - Plaintiff's Notice of Adoption of Prior Daubert Response re Mays, #7 Exhibit ECF 4972 - Exh 1, #8 Exhibit ECF 4972 - Exh 2, #9 Exhibit ECF 4972 - Exh 3, #10 Exhibit ECF 4972 - Exh 4, #11 Exhibit ECF 4972 - Exh 5, #12 Exhibit ECF 4972 - Exh 6, #13 Exhibit ECF 4972 - Exh 7, #14 Exhibit ECF 4972 - Exh 8, #15 Exhibit ECF 4972 - Exh 9, #16 Exhibit ECF 4972 - Exh 10, #17 Exhibit ECF 4972 - Pltf_s Memo in Opp to Dft_s MTE Mays, #18 Exhibit ECF 6036 - Memo Opinion and Order Mays, #19 Exhibit ECF 7016 - BSC_s Notice of Adoption of Prior MTE Ostergard, #20 Exhibit ECF 4821 - BSC_s MTE Ostergard, #21 Exhibit ECF 7051 - Plaintiffs' Notice of Adoption of Prior Response re Ostergard, #22 Exhibit ECF 4961 - Pltf_s Response to BSC_s MTE Ostergard, #23 Exhibit ECF 6037 - Memo Opinion and Order re Daubert re Ostergard, #24 Exhibit ECF 7018 - BSC's Notice of Adoption of Prior Daubert MTE Pence, #25 Exhibit ECF 4815 - BSC_s MTE Pence and Memo in Support, #26 Exhibit ECF 7047 - Pltfs' Notice of Adoption of Prior Daubert Response Pence, #27 Exhibit ECF 4968 - Pltf_s Response in Opp to BSC_s MTE Pence, #28 Exhibit ECF 4968-1 - Exhibit A, #29 Exhibit ECF 4968-2 - Exhibit B, #30 Exhibit ECF 6038 - Memo Opinion and Order re Daubert Motion Pence, #31 Exhibit ECF 7011 - BSC's MTE General Causation Testimony of Dr. B. Rosenzweig, #32 Exhibit ECF 7085 - Pltf's Response to BSC's MTE General Causation Testimony of Rosenzweig, #33 Exhibit ECF 7175 - BSC's Reply ISO MTE General Causation Testimony of Rosenzweig, #34 Exhibit ECF 6039 - Memo Opinion and Order re Daubert Motion Rosenzweig, #35 Exhibit ECF 7013 - BSC's Notice of Adoption of Prior Daubert MTE Shull, #36 Exhibit ECF 4810 - BSC_s MTE Shull and Memo in Support, #37 Exhibit ECF 7044 - Plantiff's Notice of Adoption of Prior Daubert Response re Shull, #38 Exhibit ECF 4966 - Pltf_s Opp to BSC_s MTE Shull, #39 Exhibit ECF 6048 - Memo Opinion and Order re Daubert Motion Shull, #40 Exhibit ECF 7005 - BSC's Notice of Adoption of Prior MTE Trepeta, #41 Exhibit ECF 4811 - BSC_s MTE Trepeta and Memo in Support, #42 Exhibit ECF 7049 - Plaintiffs' Notice of Adoption of Prior Response re Trepeta)(Anielak, Eric) [Transferred from West Virginia Southern on 10/9/2020.] |
| Filing 15 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02326 - Boston Scientific Corporation. (Attachments: #1 Exhibit ECF 4827 - Pltf_s MTE Spiegelberg and Memo in Support, #2 Exhibit ECF 7088 - BSC_s Response in Opposition to Pltf_s MTE Spiegelberg, #3 Exhibit ECF 4969 - BSC_s Response in Opp to Pltf_s MTE Spiegelberg, #4 Exhibit ECF 7160 - Pltf_s Reply in Support of MTE Spiegelberg, #5 Exhibit ECF 5031 - Pltf_s Reply in Support of MTE Spiegelberg, #6 Exhibit ECF 6049 - Memo Opinion and Order re Daubert Motion Spiegelberg, #7 Exhibit ECF 7002 - BSC's Notice of Adoption of Prior Daubert MTE re Dr. J. Blaivas, #8 Exhibit ECF 4822 - BSC_s Motion and Memo in Support MTE Blaivas, #9 Exhibit ECF 7042 - Plaintiffs' Notice of Adoption of Daubert Response re Blaivas, #10 Exhibit ECF 4962 - Pltf_s Opp to BSC_s MTE Blaivas, #11 Exhibit ECF 4962-1 - Exhibit A-1, #12 Exhibit ECF 4962-1 - Exhibit A-2, #13 Exhibit ECF 4962-1 - Exhibit B-1, #14 Exhibit ECF 4962-1 - Exhibit B-2, #15 Exhibit ECF 4962-1 - Exhibit C, #16 Exhibit ECF 6029 - Memo Opinion and Order re Daubert Motion Blaivas, #17 Exhibit ECF 7007 - BSC's Notice of Adoption of Prior Daubert MTE re Dunn, #18 Exhibit ECF 7058 - Pltfs' Notice of Adoption of Prior Daubert Response re Dunn, #19 Exhibit ECF 7165 - BSC's Notice of Adoption of Prior Reply re MTE Dunn, #20 Exhibit ECF 7008 - BSC's Notice of Adoption of Prior Daubert MTE Galloway, #21 Exhibit ECF 4818 - BSC_s MTE Galloway and Memo in Support, #22 Exhibit ECF 7048 - Plaintiffs' Notice of Adoption of Response re Galloway, #23 Exhibit ECF 4958 - Pltfs_ Opp to BSC_s MTE and Memo in Support of its MTE Galloway, #24 Exhibit ECF 6031 - Memo Opinion and Order re Daubert Motion Galloway, #25 Exhibit ECF 7009 - BSCs Notice of Adoption of Prior Daubert MTE Guelcher, #26 Exhibit ECF 7057 - Pltf_s Notice of Adoption of Prior Daubert Response Guelcher, #27 Exhibit ECF 7166 - BSCs Notice of Adoption of BSC's Prior Reply MTE Guelcher, #28 Exhibit ECF 7015 - BSC's Notice of Adoption of Prior Daubert MTE Dr. V. Iakovlev, #29 Exhibit ECF 4819 - BSC_s MTE Iakovlev, #30 Exhibit ECF 7050 - Plaintiffs' Notice of Adoption of Daubert Response re Iakovlev, #31 Exhibit ECF 4959 - Exh A1, #32 Exhibit ECF 4959 - Exh A2, #33 Exhibit ECF 4959 - Exh B, #34 Exhibit ECF 4959 - Exh D, #35 Exhibit ECF 4959 - Exh E, #36 Exhibit ECF 4959 - Pltf_s Response to BSC_s MTE Iakovlev, #37 Exhibit ECF 6033 - Memo Opinion and Order re Daubert Motion Iakovlev, #38 Exhibit ECF 7017 - BSCs Notice of Adoption of Prior MTE Margolis, #39 Exhibit ECF 4804 - BSC_s MTE Margolis and Memo in Support, #40 Exhibit ECF 4804 - Exh A, #41 Exhibit ECF 4804 - Exh B, #42 Exhibit ECF 4804 - Exh C, #43 Exhibit ECF 4804 - Exh D, #44 Exhibit ECF 4804 - Exh E, #45 Exhibit ECF 4804 - Exh F, #46 Exhibit ECF 4804 - Exh G, #47 Exhibit ECF 4804 - Exh H, #48 Exhibit ECF 4804 - Exh I, #49 Exhibit ECF 4804 - Exh J)(Anielak, Eric) [Transferred from West Virginia Southern on 10/9/2020.] |
| Filing 14 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02326 - Boston Scientific Corporation. (Attachments: #1 Exhibit ECF 4825 - Exh 1, #2 Exhibit ECF 4825 - Exh 2, #3 Exhibit ECF 4825 - Exh 3, #4 Exhibit ECF 4825 - Exh 4, #5 Exhibit ECF 4825 - Exh 5, #6 Exhibit ECF 4825 - Pltf_s Motion and Memo Support of MTE Little, #7 Exhibit ECF 7066 - BSC_s Notice of Adoption of Prior Daubert Response Little, #8 Exhibit ECF 4979 - BSC_s Response in Opp to Pltf_s MTE Little, #9 Exhibit ECF 5034 - Pltf_s Reply to Deft_s Response to Pltf_s MTE Little, #10 Exhibit ECF 6044 - Memo Opinion and Order re Daubert Motion Little, #11 Exhibit ECF 7006 - Pltf_s MTE McCrery, #12 Exhibit ECF 7068 - BSC_s Memo in Opposition to Pltf_s MTE McCrery, #13 Exhibit ECF 7170 - Pltf_s Reply in Support of MTE McCrery, #14 Exhibit ECF 6990 - Pltf_s Notice of Adoption of Prior Daubert Motion re Rice, #15 Exhibit ECF 4830 - Pltf_s Combined Motion and MTE Rice, #16 Exhibit ECF 7041 - BSCs Notice of Adoption of Prior Daubert Response re Rice, #17 Exhibit ECF 4971 - Ex A, #18 Exhibit ECF 4971 - Ex B, #19 Exhibit ECF 4971 - Ex C, #20 Exhibit ECF 4971 - Ex D, #21 Exhibit ECF 4971 - Memo in Opp to Pltf_s Combined Motion and MTE Rice, #22 Exhibit ECF 6046 - Memo Opinion and Order re Daubert Motion re Rice, #23 Exhibit ECF 6986 - Plaintiffs' Notice of Adoption of Prior Daubert Motion re Rosenblatt, #24 Exhibit ECF 4833 - Pltf_s MTE Rosenblatt and Memo in Support, #25 Exhibit ECF 7061 -BSC's Notice of Adoption of Prior Daubert Response re Rosenblatt, #26 Exhibit ECF 4978 - BSC_s Memo in Opp to Pltf_s MTE Rosenblatt, #27 Exhibit ECF 4978 - Exh A, #28 Exhibit ECF 4978 - Exh B, #29 Exhibit ECF 5039 - Pltf_s Reply Brief in Support of MTE Rosenblatt, #30 Exhibit ECF 6047 - Memorandum Opinion and Order re Daubert Motion re Dr. P. Rosenblatt)(Anielak, Eric) [Transferred from West Virginia Southern on 10/9/2020.] |
| Filing 13 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02326 - Boston Scientific Corporation. (Attachments: #1 Exhibit ECF 7158 - Pltf_s Notice of Adoption of Prior Daubert Reply Culligan, #2 Exhibit ECF 6987 - Pltf_s Notice of Adoption of Prior Daubert Motion re Davies, #3 Exhibit ECF 4824 - Pltf_s Combined MTE and Memo re Davies, #4 Exhibit ECF 7052 - BSC_s Notice of Adoption of Prior Daubert Response re Davies, #5 Exhibit ECF 4975 - BSC_s Opp to Pltf_s MTE Davies, #6 Exhibit ECF 5032 - Pltf_s Reply Memo in Support of MTE Davies, #7 Exhibit ECF 6030 - Memo Opinion and Order re Davies, #8 Exhibit ECF 6993 - Pltf_s Notice of Adoption of Prior Daubert Motion Goldberg, #9 Exhibit ECF 4829 - Pltf_s Combined Motion and Memo in Support of MTE Goldberg, #10 Exhibit ECF 7064 - BSC_s Notice of Adoption of Prior Daubert Response Goldberg, #11 Exhibit ECF 4980 - BSC_s Opp to Pltf_s MTE Goldberg, #12 Exhibit ECF 5036 - Pltf_s Reply to Dft_s Response to Pltf_s Combined MTE Goldberg, #13 Exhibit ECF 6043 - Memo Opinion and Order re Daubert Motion Goldberg, #14 Exhibit ECF 6994 - Pltf_s Notice of Adoption of Prior Daubert MTE Green, #15 Exhibit ECF 1010 - EX A, #16 Exhibit ECF 1010 - EX B, #17 Exhibit ECF 1010 - EX C, #18 Exhibit ECF 1010 - EX D, #19 Exhibit ECF 1010 - EX E, #20 Exhibit ECF 1010 - EX F, #21 Exhibit ECF 1010 - WAVE 1 and 2 - Pltf_s Memo in Support of MTE Green, #22 Exhibit ECF 1018 - BSC PTO-119 - Order re Pending Daubert Motions Filed in MDL, #23 Exhibit ECF 7055 - BSC_s Notice of Adoption of Prior Daubert Response of Lonny Green, MD., #24 Exhibit ECF 7159 - Pltf_s Notice of Adoption of Prior Daubert Reply re Green, #25 Exhibit ECF 6997 - Pltf's Notice of Adoption of Prior Daubert Motion re Guerette, #26 Exhibit ECF 4823 - Motion and Memo in Support of Pltf's MTE Guerette, #27 Exhibit ECF 7059 - BSC's Notice of Adoption of Prior Daubert Response re Guerette, #28 Exhibit ECF 4977 - BSC's Memo in Opposition to Pltf's MTE Guerette, #29 Exhibit ECF 4977 - Exh A, #30 Exhibit ECF 4977 - Exh B, #31 Exhibit ECF 4977 - Exh C, #32 Exhibit ECF 4977 - Exh D, #33 Exhibit ECF 4977 - Exh E, #34 Exhibit ECF 5035 - Exh A, #35 Exhibit ECF 5035 - Exh B, #36 Exhibit ECF 5035 - Exh C, #37 Exhibit ECF 5035 - Reply Memo in Support of Pltf's MTE Guerette, #38 Exhibit ECF 6032 - Memo Opinion and Order re Daubert Motion re Guerette)(Anielak, Eric) [Transferred from West Virginia Southern on 10/9/2020.] |
| Filing 12 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02326 - Boston Scientific Corporation. (Attachments: #1 Exhibit ECF 161 - Stipulated Protective Order, #2 Exhibit ECF 184 - Stipulation for the Production of Docs and Electronically Stored Info, #3 Exhibit ECF 196 - New Direct Filing Order, Master Complaint, SF Complaint, #4 Exhibit ECF 197 - Master Long Form Complaint, #5 Exhibit ECF 200 - BSC_s Master Answer to Master Long Form Complaint, #6 Exhibit ECF 4955 - Docket Control Order - BSC Wave 4 Cases, #7 Exhibit ECF 4987 - (Notice of Correction of Error in PTO-175 - Wave 4), #8 Exhibit ECF 6100 - Amended Docket Control Order - BSC Wave 4, #9 Exhibit ECF 7003 - Pltf's Combined Motion and Memo to Exclude Anger, #10 Exhibit ECF 7069 - BSC_s Memo in Opp to Pltf_s MTE Anger, #11 Exhibit ECF 7173 - Pltf_s Reply in Support of MTE Anger, #12 Exhibit ECF 6984 - Pltf_s Notice of Adoption of Prior Daubert Motion Badylak, #13 Exhibit ECF 4826 - Pltf_s Motion and Memo Support of MTE Badylak, #14 Exhibit ECF 7067 - BSC_s Notice of Adoption of Prior Daubert Response Badylak, #15 Exhibit ECF 4976 - BSC_s Opp to Pltf_s MTE Badylak, #16 Exhibit ECF 5033 - Pltf_s Reply to Deft_s Response to Pltf_s MTE Badylak, #17 Exhibit ECF 6041 - Memo Opinion and Order re Daubert Motion Badylak, #18 Exhibit ECF 7000 - Pltf_s Notice of Adoption of Prior Daubert Motion re Caraballo, #19 Exhibit ECF 4831 - Motion and Memo in Support of Pltf_s MTE re Caraballo, #20 Exhibit ECF 7063 - BSC_s Notice of Adoption of Prior Daubert Response re Caraballo, #21 Exhibit ECF 4973 - BSC_s Memo in Opp to Pltf_s MTE Caraballo, #22 Exhibit ECF 5029 - Pltf_s Reply to BSC_s Opp to Pltf_s MTE Caraballo, #23 Exhibit ECF 6042 - Memo Opinion and Order re Caraballo, #24 Exhibit ECF 6985 - Pltf_s Notice of Adoption of Prior Daubert Motion Culligan, #25 Exhibit ECF 1013 - Exh A, #26 Exhibit ECF 1013 - Exh B, #27 Exhibit ECF 1013 - Exh C, #28 Exhibit ECF 1013 - Pltf_s Motion and Memo in Support of MTE Culligan)(Anielak, Eric) [Transferred from West Virginia Southern on 10/9/2020.] |
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Filing 11
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 10/9/2020 the cases identified on Exhibit A that are still pending shall be transferred to the United States District Courts identified on Exhibit A pursuant to 28 U.S.C. 1404(a); on or before 10/8/2020 the parties are DIRECTED to confer and to file in each pending individual member case identified in Exhibit A, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the Clerk is DIRECTED to use the appropriate function in CM/ECF to extract each member case listed on Exhibit A that remains pending and transfer it to the corresponding United States District Court listed on Exhibit A; after transfer of each member case listed in Exhibit A that is not dismissed prior to the Transfer Date, the Clerk is DIRECTED to formally close the case and strike it from the docket of this court. Signed by Judge Joseph R. Goodwin on 9/25/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (kew) [Transferred from West Virginia Southern on 10/9/2020.]
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| Filing 10 RESPONSE TO ORDER TO SHOW CAUSE by Candice Hernandez, Juan Carlos Hernandez (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Flint, Jacob) [Transferred from West Virginia Southern on 10/9/2020.] |
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Filing 9
SHOW CAUSE ORDER directing plaintiffs to show cause by 8/28/2020 why settlements with BSC have not been completed by submission of the appropriate release to BSC; defendant BSC may respond in each individual case where a plaintiff attempts to shows cause by 9/11/2020. Signed by Judge Joseph R. Goodwin on 7/29/2020. (cc: counsel of record) (mms) [Transferred from West Virginia Southern on 10/9/2020.]
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Filing 8
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) (brn) (ADI) [Transferred from West Virginia Southern on 10/9/2020.]
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Filing 7
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) (st) [Transferred from West Virginia Southern on 10/9/2020.]
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Filing 6
ORDER granting MOTION filed in MDL 2326 by Jacob A. Flint, Andrew W. Callahan and Flint & Associates LLC for Change of Attorney Information. The Clerk is instructed to update the information, as set forth in the Motion, both on the main master docket and for each individual member case in MDL 2326 with which said attorney is associated. Signed by Judge Joseph R. Goodwin on 8/13/2015. (cc: attys; any unrepresented party) (klc) [Transferred from West Virginia Southern on 10/9/2020.]
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| Filing 5 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 10/9/2020.] |
| Filing 4 TRANSMITTED PRETRIAL ORDER # 63 (Hearing on Motion to Stay Enforcement of Plaintiffs Subpoena) entered on 12/11/2013 in MDL 2326 to attorneys in member case. (klc) [Transferred from West Virginia Southern on 10/9/2020.] |
| Filing 3 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon A. Strongman on 12/09/2013. Boston Scientific Corporation waiver mailed on 12/4/2013, answer due 2/3/2014. (Strongman, Jon) [Transferred from West Virginia Southern on 10/9/2020.] |
| Filing 2 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 10/9/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2812998. (Attachment: #1 Civil Cover Sheet) (tmh) [Transferred from West Virginia Southern on 10/9/2020.] |
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