Callaway et al v. American Medical Systems, Inc.
Plaintiff: Rose Callaway and Tim Callaway
Defendant: American Medical Systems Inc
Case Number: 4:2020cv05031
Filed: February 20, 2020
Court: US District Court for the Eastern District of Washington
Presiding Judge: Stanley A Bastian
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 22, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 25, 2020 Opinion or Order Filing 73 TEXT ORDER: Pursuant to Washington State Governor Inslee's Stay Home - Stay Healthy Order dated March 23, 2020, the Telephonic Scheduling Conference set for March 25, 2020, is continued to May 5, 2020, at 10:00 a.m. Counsel should call at least five minutes before the scheduled time using the following: Telephone number: 1-888-636-3807 / Access Code: 8839796. Signed by Judge Stanley A. Bastian. Text entry; no PDF document will issue. This text-only entry constitutes the court order on the matter. (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.)(AY, Case Administrator)
March 18, 2020 Filing 72 RULE 7.1 CORPORATE DISCLOSURE STATEMENT by American Medical Systems Inc. (Krashan, Allison)
March 18, 2020 Filing 71 STATUS REPORT JOINT by American Medical Systems Inc. (Talcott, Anne)
March 18, 2020 Filing 70 NOTICE of Appearance by Allison Kathleen Krashan on behalf of American Medical Systems Inc (Attorney Allison Kathleen Krashan added to party American Medical Systems Inc(pty:dft))(Krashan, Allison)
March 18, 2020 Opinion or Order Filing 69 TEXT ORDER: Defendant's Motions For Admission Pro Hac Vice, ECF Nos. #65 , #66 , #67 , #68 , are GRANTED. Barbara R. Binis, Ryan K. Blake, Whitney L. Mayer, and Stephen J. McConnell are hereby admitted to practice in the United States District Court for the Eastern District of Washington in the above-captioned case. Pursuant to Local Rule 83.2(c), Defendant's local counsel of record, Anne M. Talcott, shall sign all pleadings, motions, and other papers prior to filing, and shall meaningfully participate in this case. Signed by Judge Stanley A. Bastian. Text entry; no PDF document will issue. This text-only entry constitutes the court order on the matter. (AY, Case Administrator)
March 13, 2020 Filing 68 MOTION to Appear Pro Hac Vice re Attorney: Stephen J. McConnell. Filing fee $ 200, receipt number 0980-3421638. by American Medical Systems Inc. Motion Hearing set for 4/13/2020 Without Oral Argument before Judge Stanley A Bastian. (Talcott, Anne)
March 13, 2020 Filing 67 MOTION to Appear Pro Hac Vice re Attorney: Whitney L. Mayer. Filing fee $ 200, receipt number 0980-3421634. by American Medical Systems Inc. Motion Hearing set for 4/13/2020 Without Oral Argument before Judge Stanley A Bastian. (Talcott, Anne)
March 13, 2020 Filing 66 MOTION to Appear Pro Hac Vice re Attorney: Ryan K. Blake. Filing fee $ 200, receipt number 0980-3421628. by American Medical Systems Inc. Motion Hearing set for 4/13/2020 Without Oral Argument before Judge Stanley A Bastian. (Talcott, Anne)
March 13, 2020 Filing 65 MOTION to Appear Pro Hac Vice re Attorney: Barbara R. Binis. Filing fee $ 200, receipt number 0980-3421618. by American Medical Systems Inc. Motion Hearing set for 4/13/2020 Without Oral Argument before Judge Stanley A Bastian. (Talcott, Anne)
March 13, 2020 Filing 64 NOTICE of Appearance by Anne M Talcott on behalf of American Medical Systems Inc (Attorney Anne M Talcott added to party American Medical Systems Inc(pty:dft))(Talcott, Anne)
March 11, 2020 Opinion or Order Filing 63 TEXT-ONLY ORDER (no PDF will issue) Plaintiffs' Motion for Marc Erickson to Proceed Pro Hac Vice, ECF No. 62, is GRANTED. Marc Erickson is hereby admitted to practice in the United States District Court for the Eastern District of Washington in the above-captioned case. Pursuant to Local Rule 83.2(c), Plaintiffs' local counsel of record, Jason Murphy, shall sign all pleadings, motions, and other papers prior to filing, and shall meaningfully participate in this case. This text-only entry constitutes the Court's ruling on the matter. Signed by Judge Stanley A Bastian. (MF, Courtroom Deputy)
March 6, 2020 Filing 62 First MOTION to Appear Pro Hac Vice re Attorney: Marc K. Erickson. Filing fee $ 200, receipt number 0980-3416393. by All Plaintiffs. Motion Hearing set for 3/9/2020 Without Oral Argument before Judge Stanley A Bastian. (Murphy, Jason)
February 28, 2020 Opinion or Order Filing 61 TEXT ORDER: Plaintiffs' Motions for Joan D. Toomey and Thomas P. Cartmell to Proceed Pro Hac Vice, ECF Nos. #58 , #59 , are GRANTED. Joan D. Toomey and Thomas P. Cartmell are hereby admitted to practice in the United States District Court for the Eastern District of Washington in the above-captioned case. Pursuant to Local Rule 83.2(c), Plaintiffs' local counsel of record, Jason Murphy, shall sign all pleadings, motions, and other papers prior to filing, and shall meaningfully participate in this case. Signed by Judge Stanley A. Bastian. Text entry; no PDF document will issue. This text-only entry constitutes the court order on the matter. (Service of Notice on attorneys not registered as users of the Court CM/ECF system accomplished via USPS mail.)(AY, Case Administrator)
February 28, 2020 Filing 60 NOTICE SETTING TELEPHONIC SCHEDULING CONFERENCE; Telephonic Scheduling Conference set for 3/25/2020 at 02:00 PM via Teleconference. PHONE NUMBER: 1-888-636-3807, ACCESS CODE: 8839796, SECURITY CODE: None required. (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.) Signed by Judge Stanley A Bastian. (AY, Case Administrator)
February 27, 2020 Filing 59 First MOTION to Appear Pro Hac Vice re Attorney: Thomas P. Cartmell. Filing fee $ 200, receipt number 0980-3410411. by All Plaintiffs. Motion Hearing set for 2/28/2020 Without Oral Argument before Judge Stanley A Bastian. (Murphy, Jason)
February 27, 2020 Filing 58 First MOTION to Appear Pro Hac Vice re Attorney: Joan D. Toomey. Filing fee $ 200, receipt number 0980-3410294. by All Plaintiffs. Motion Hearing set for 2/28/2020 Without Oral Argument before Judge Stanley A Bastian. (Murphy, Jason)
February 27, 2020 Filing 57 NOTICE of Appearance of Local Counsel by Jason Murphy on behalf of Rose Callaway, Tim Callaway (Attorney Jason Murphy added to party Rose Callaway(pty:pla), Attorney Jason Murphy added to party Tim Callaway(pty:pla))(Murphy, Jason)
February 20, 2020 Filing 56 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-25807. Docket sheet received.
February 18, 2020 NOTICE OF DOCKET CORRECTION re: #55 Designation of Record for MDL transfers re: 2:12-md-02325 - American Medical Systems, Inc. ERROR: Incorrect main image attached. CORRECTION: Image replaced. (ts) [Transferred from West Virginia Southern on 2/20/2020.]
February 17, 2020 Filing 55 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02325 - American Medical Systems, Inc. (Attachments: #1 Exhibit Ex. A - ECF No. 231 - PTO #13, #2 Exhibit Ex. B - ECF No. 288 - PTO #288, #3 Exhibit Ex. C - ECF No. 748 - PTO #73, #4 Exhibit Ex. D - ECF No. 1234 - PTO #171, #5 Exhibit Ex. E - ECF No. 7475 - Defendant's Daubert Motion re Rosenzweig, #6 Exhibit Ex. F - ECF No. 7478 - Defendant's Daubert Brief re Rosenzweig, #7 Exhibit Ex. G - ECF No. 7501 - Plaintiff's Adoption re Rosenzweig, #8 Exhibit Ex. H - ECF No. 7512 - Defendant's Reply ISO Daubert Motion re Rosenzweig, #9 Exhibit Ex. I - ECF No. 7477 - Defendant's Daubert Motion re Mays, #10 Exhibit Ex. J - ECF No. 7480 - Defendant's Daubert Brief re Mays, #11 Exhibit Ex. K - ECF No. 7469 - Defendant's Daubert Motion re Guelcher, #12 Exhibit Ex. L - ECF No. 7470 - Defendant's Daubert Brief re Guelcher, #13 Exhibit Ex. M - ECF No. 7500 - Plaintiff's Adoption re Guelcher, #14 Exhibit Ex. N - ECF No. 7505 - Defendant's Reply ISO Daubert Motion re Guelcher, #15 Exhibit Ex. O - ECF No. 7465 - Defendant's Daubert Motion re Garely, #16 Exhibit Ex. P - ECF No. 7466 - Defendant's Daubert Brief re Garely, #17 Exhibit Ex. Q - ECF No. 7498 - Plaintiff's Adoption re Garely, #18 Exhibit Ex. R - ECF No. 7508 - Defendant's Reply ISO Daubert Motion re Garely, #19 Exhibit Ex. S - ECF No. 7472 - Defendant's Daubert Motion re Priddy, #20 Exhibit Ex. T - ECF No. 7474 - Defendant's Daubert Brief re Priddy, #21 Exhibit Ex. U - ECF No. 7499 - Plaintiff's Adoption re Priddy, #22 Exhibit Ex. V - ECF No. 7511 - Defendant's Reply ISO Daubert Motion re Priddy, #23 Exhibit Ex. W - ECF No. 7481 - Plaintiff's Adoption re Badylak, Becker, Coad, and Kozak, #24 Exhibit Ex. X - ECF No. 7494 - Defendant's Opposition to Adoption re Becker, #25 Exhibit Ex. Y - ECF No. 7496 - Defendant's Opposition to Adoption re Badylak Part 1 of 3, #26 Exhibit Ex. Y - ECF No. 7496 - Defendant's Opposition to Adoption re Badylak Part 2 of 3, #27 Exhibit Ex. Y - ECF No. 7496 - Defendant's Opposition to Adoption re Badylak Part 3 of 3, #28 Exhibit Ex. Z - ECF No. 7497 - Defendant's Opposition to Adoption re Coad, #29 Exhibit Ex. AA - ECF No. 7495 - Defendant's Opposition to Adoption re Kozak)(Binis, Barbara) (Modified on 2/18/2020 to replace main image)(ts). (Main Document 55 replaced on 2/18/2020) (ts). (Modified on 2/19/2020 to add party filers) (mk). [Transferred from West Virginia Southern on 2/20/2020.]
February 6, 2020 Opinion or Order Filing 54 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.]
September 5, 2019 Filing 53 REPLY by American Medical Systems, Inc. to #50 Memorandum In Opposition. (McConnell, Stephen) [Transferred from West Virginia Southern on 2/20/2020.]
September 4, 2019 Filing 52 REPLY by American Medical Systems, Inc. to #49 Memorandum In Opposition. (Attachment: #1 Exhibit A)(McConnell, Stephen) [Transferred from West Virginia Southern on 2/20/2020.]
August 29, 2019 Filing 51 MEMORANDUM OF LAW by American Medical Systems, Inc. in opposition to #42 MOTION by Rose Callaway, Tim Callaway to Exclude Certain Case Specific Opinions and Testimony of Dr. Saad Juma. (Attachments: #1 Proposed Order, #2 Exhibit A Part I, #3 Exhibit A Part II)(Binis, Barbara) [Transferred from West Virginia Southern on 2/20/2020.]
August 29, 2019 Filing 50 MEMORANDUM by Rose Callaway, Tim Callaway in opposition to #47 MOTION by American Medical Systems, Inc. to Exclude The Specific Causation Opinions and Testimony of Bruce Rosenzweig, M.D. Pursuant to Daubert and Federal Rules of Evidence 702 and 703. (Attachments: #1 Exhibit A, #2 Exhibit B)(Toomey, Joan) [Transferred from West Virginia Southern on 2/20/2020.]
August 28, 2019 Filing 49 MEMORANDUM of Law by Rose Callaway, Tim Callaway in opposition to #40 MOTION by American Medical Systems, Inc. for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Toomey, Joan) [Transferred from West Virginia Southern on 2/20/2020.]
August 15, 2019 Filing 48 BRIEF by American Medical Systems, Inc. in Support of #47 MOTION by American Medical Systems, Inc. to Exclude The Specific Causation Opinions and Testimony of Bruce Rosenzweig, M.D. Pursuant to Daubert and Federal Rules of Evidence 702 and 703. (Binis, Barbara) [Transferred from West Virginia Southern on 2/20/2020.]
August 15, 2019 Filing 47 MOTION by American Medical Systems, Inc. to Exclude The Specific Causation Opinions and Testimony of Bruce Rosenzweig, M.D. Pursuant to Daubert and Federal Rules of Evidence 702 and 703. (Attachments: #1 Proposed Order, #2 Exhibits A-C, #3 Exhibits D-F, #4 Exhibits G-J, #5 Exhibit K, #6 Exhibit K-1, #7 Exhibit K-2, #8 Exhibit K-3, #9 Exhibit K-4)(Binis, Barbara) [Transferred from West Virginia Southern on 2/20/2020.]
August 15, 2019 Filing 46 EXHIBITS by Rose Callaway, Tim Callaway in support of #42 MOTION by Rose Callaway, Tim Callaway to Exclude Certain Case Specific Opinions and Testimony of Dr. Saad Juma. (Toomey, Joan) [Transferred from West Virginia Southern on 2/20/2020.]
August 15, 2019 Filing 45 EXHIBITS by Rose Callaway, Tim Callaway in support of #42 MOTION by Rose Callaway, Tim Callaway to Exclude Certain Case Specific Opinions and Testimony of Dr. Saad Juma.. (Toomey, Joan) [Transferred from West Virginia Southern on 2/20/2020.]
August 15, 2019 Filing 44 EXHIBITS by Rose Callaway, Tim Callaway in support of #42 MOTION by Rose Callaway, Tim Callaway to Exclude Certain Case Specific Opinions and Testimony of Dr. Saad Juma.. (Toomey, Joan) [Transferred from West Virginia Southern on 2/20/2020.]
August 15, 2019 Filing 43 MEMORANDUM by Rose Callaway, Tim Callaway in Support of #42 MOTION by Rose Callaway, Tim Callaway to Exclude Certain Case Specific Opinions and Testimony of Dr. Saad Juma. (Toomey, Joan) (Modified on 8/15/2019 to remove exhibits inadvertently attached, refiled at ECF #44-46) (ts). [Transferred from West Virginia Southern on 2/20/2020.]
August 15, 2019 Filing 42 MOTION by Rose Callaway, Tim Callaway to Exclude Certain Case Specific Opinions and Testimony of Dr. Saad Juma. (Toomey, Joan) [Transferred from West Virginia Southern on 2/20/2020.]
August 15, 2019 NOTICE OF DOCKET CORRECTION re: #43 Memorandum of Law by Rose Callaway, Tim Callaway in support of #42 Motion by Rose Callaway, Tim Callaway to Exclude Certain Case Specific Opinions and Testimony of Dr. Saad Juma. ERROR: Exhibits inadvertently attached to memorandum of law. CORRECTION: Images removed and refiled at ECF #44-46. (ts) [Transferred from West Virginia Southern on 2/20/2020.]
August 14, 2019 Filing 41 MEMORANDUM OF LAW by American Medical Systems, Inc. in support of #40 MOTION by American Medical Systems, Inc. for Partial Summary Judgment (Binis, Barbara) [Transferred from West Virginia Southern on 2/20/2020.]
August 14, 2019 Filing 40 MOTION by American Medical Systems, Inc. for Partial Summary Judgment (Attachments: #1 Exhibits A - H, #2 Proposed Order)(Binis, Barbara) [Transferred from West Virginia Southern on 2/20/2020.]
July 23, 2019 Filing 39 OBJECTIONS AND RESPONSES by American Medical Systems, Inc. in opposition to #38 NOTICE TO TAKE TELEPHONIC DEPOSITION by Rose Callaway, Tim Callaway of Saad Juma, M.D., on July 26, 2019 at 9:00 a.m. Pacific Time (Binis, Barbara) [Transferred from West Virginia Southern on 2/20/2020.]
July 16, 2019 Filing 38 NOTICE TO TAKE TELEPHONIC DEPOSITION by Rose Callaway, Tim Callaway of Dr. Saad Juma on July 26, 2019 at 9:00 a.m. Pacific Time (Toomey, Joan) [Transferred from West Virginia Southern on 2/20/2020.]
July 12, 2019 Filing 37 NOTICE OF VIDEO DEPOSITION by Rose Callaway, Tim Callaway of Dr. Randall Howerton on July 31, 2019 at 9:00 A.M. (Toomey, Joan) [Transferred from West Virginia Southern on 2/20/2020.]
July 12, 2019 Filing 36 NOTICE of Withdrawal of Subpoena to Dr. Randall Howerton of Video Deposition by Rose Callaway, Tim Callaway (Toomey, Joan) [Transferred from West Virginia Southern on 2/20/2020.]
July 3, 2019 Filing 35 NOTICE of Issuance of Subpoena to Randall Howerton, M.D. by American Medical Systems, Inc. (Binis, Barbara) [Transferred from West Virginia Southern on 2/20/2020.]
June 28, 2019 Filing 34 RESPONSES AND OBJECTIONS by Rose Callaway to #32 NOTICE OF DEPOSITION by American Medical Systems, Inc. of Bruce Rosenzweig, M.D. on July 1, 2019 at 12:15 P.M. CT (Attachment: #1 Exhibit A)(Toomey, Joan) [Transferred from West Virginia Southern on 2/20/2020.]
June 28, 2019 Filing 33 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Diane K. Watkins on behalf of Rose Callaway. (Watkins, Diane) [Transferred from West Virginia Southern on 2/20/2020.]
June 25, 2019 Filing 32 NOTICE OF DEPOSITION by American Medical Systems, Inc. of Bruce Rosenzweig, M.D. on July 1, 2019 at 12:15 P.M. CT (Binis, Barbara) [Transferred from West Virginia Southern on 2/20/2020.]
June 13, 2019 Filing 31 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Joan D. Toomey on behalf of Rose Callaway, Tim Callaway. (Toomey, Joan) [Transferred from West Virginia Southern on 2/20/2020.]
May 24, 2019 Filing 30 CERTIFICATE OF SERVICE by Rose Callaway for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Kuntz, Jeffrey) [Transferred from West Virginia Southern on 2/20/2020.]
May 17, 2019 Filing 29 NOTICE OF ISSUANCE OF SUBPOENA to Ravinder Samra, M.D. by American Medical Systems, Inc. (Binis, Barbara) [Transferred from West Virginia Southern on 2/20/2020.]
April 22, 2019 Filing 28 CERTIFICATE OF SERVICE by Rose Callaway for Plaintiff's Answers and Objections to Defendant's First Set of Interrogatories, First Set of Request for Admission, and First Set of Requests for Production of Documents. (Cartmell, Thomas) [Transferred from West Virginia Southern on 2/20/2020.]
March 25, 2019 Filing 27 CERTIFICATE OF SERVICE by Rose Callaway for Plaintiff's First Set of Interrogatories, Request for Production of Documents and First Set of Requests for Admission to Defendant American Medical Systems. (Cartmell, Thomas) [Transferred from West Virginia Southern on 2/20/2020.]
February 15, 2019 Filing 26 PLAINTIFF FACT SHEET filed by Rose Callaway, Tim Callaway. (Kuntz, Jeffrey) (Modified on 2/15/2019 to convert event to plaintiff fact sheet) (ts). [Transferred from West Virginia Southern on 2/20/2020.]
February 4, 2019 Opinion or Order Filing 25 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.]
August 15, 2018 Opinion or Order Filing 24 ORDER The deadline to submit joint motions of dismissal is extended to 10/31/2018 for all cases in MDL 2325 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2325 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 8/15/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2325; Cases on inactive docket) (kp) (ADI) [Transferred from West Virginia Southern on 2/20/2020.]
April 30, 2018 Opinion or Order Filing 23 ORDER (CHANGE TO CHARACTERIZATION BY CLERK'S OFFICE OF CASES ON INACTIVE DOCKET) It is directed that in all cases with an inactive docket order which resulted in "Closed" and "MDL AMS Inactive" flags on the docket sheet, the Clerk is directed to update the docket by removing the "Closed" flag from the docket sheet and leaving the "MDL AMS Inactive" flag, for reasons set forth herein. Signed by Judge Joseph R. Goodwin on 4/26/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2325; Member Cases Flagged "Closed" and "MDL AMS Inactive") (lca) (ADI) [Transferred from West Virginia Southern on 2/20/2020.]
March 16, 2018 Opinion or Order Filing 22 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) (arb) [Transferred from West Virginia Southern on 2/20/2020.]
October 11, 2017 Opinion or Order Filing 21 ORDER directing the Clerk to retire from the active docket each of the cases listed on the attached Exhibit A, provided that are not already closed; all deadlines and provisions as set forth in the Amended Inactive Docket Order remain in effect. Signed by Judge Joseph R. Goodwin on 10/11/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2325; Cases Listed on the attached Exhibit A) (rec) [Transferred from West Virginia Southern on 2/20/2020.]
August 30, 2017 Opinion or Order Filing 20 AMENDED INACTIVE DOCKET ORDER (Amends Inactive Docket Order ECF No. 4783) The Court ORDERS as follows: 1) all discovery deadlines are continued until further order of the Court, 2) that the Clerk retire each of the cases listed on the attached Exhibit A from the active docket, 3) Plaintiffs and AMS may submit an agreed order of dismissal with prejudice on or before 5/31/2018; if dismissal orders are not submitted the Court will have a hearing to determine the appropriate action pertaining to any remaining cases on the inactive docket. Counsel for plaintiffs and defendant(s) are directed to provide quarterly reports as to their progress in dismissing cases on the inactive docket. The Court will reinstate any case on the attached Exhibit A to the active docket if one of the parties, on motion, shows good cause for such reinstatement supported by affidavit from the plaintiff. This Order is linked to the Proposed Inactive Docket Order filed in MDL 2325 at ECF No. 4804. Signed by Judge Joseph R. Goodwin on 8/30/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2325; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 2/20/2020.]
July 24, 2017 Filing 19 CERTIFICATE OF SERVICE by Rose Callaway for Plaintiff's Responses and Objections to Defendant's First Requests for Admission. (Kuntz, Jeffrey) [Transferred from West Virginia Southern on 2/20/2020.]
July 24, 2017 Filing 18 SECOND AMENDED NOTICE OF DEPOSITION by American Medical Systems, Inc. of Randall Howerton, M.D. on July 27, 2017 at 9:00 AM (Binis, Barbara) [Transferred from West Virginia Southern on 2/20/2020.]
July 24, 2017 Filing 17 AMENDED NOTICE OF DEPOSITION by American Medical Systems, Inc. of Randall Howerton, M.D. on July 27, 2017 at 9:00 AM (Binis, Barbara) [Transferred from West Virginia Southern on 2/20/2020.]
July 18, 2017 Filing 16 NOTICE OF DEPOSITION by American Medical Systems, Inc. of Randall Howerton, M.D. on July 27, 2017 at 9:00 AM (HAST)/3:00 PM (ET) (Binis, Barbara) [Transferred from West Virginia Southern on 2/20/2020.]
June 23, 2017 Filing 15 CERTIFICATE OF SERVICE by Rose Callaway for First Set of Interrogatories and First Set of Requests for Admission to Defendant American Medical Systems, Inc. (Kuntz, Jeffrey) [Transferred from West Virginia Southern on 2/20/2020.]
June 20, 2017 Filing 14 NOTICE of Issuance of Subpoena to Randall D. Howerton, M.D. by American Medical Systems, Inc. (Binis, Barbara) [Transferred from West Virginia Southern on 2/20/2020.]
June 15, 2017 Filing 13 AMENDED NOTICE OF DEPOSITION by American Medical Systems, Inc. of Larry D. Smith, M.D. on July 10, 2017 at 11:00 AM (Binis, Barbara) [Transferred from West Virginia Southern on 2/20/2020.]
June 12, 2017 Filing 12 CERTIFICATE OF SERVICE by Rose Callaway for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Kuntz, Jeffrey) [Transferred from West Virginia Southern on 2/20/2020.]
June 9, 2017 Filing 11 CERTIFICATE OF SERVICE by Rose Callaway for Answers and Objections to Defendant's First Set of Interrogatories and Responses and Objections to Defendant's First Set of Requests for Production of Documents. (Kuntz, Jeffrey) [Transferred from West Virginia Southern on 2/20/2020.]
June 9, 2017 Filing 10 PLAINTIFF FACT SHEET filed by Rose Callaway. (Kuntz, Jeffrey) [Transferred from West Virginia Southern on 2/20/2020.]
June 9, 2017 Filing 9 PLAINTIFF PROFILE FORM filed by Rose Callaway. (Kuntz, Jeffrey) [Transferred from West Virginia Southern on 2/20/2020.]
June 8, 2017 Filing 8 NOTICE OF DEPOSITION by American Medical Systems, Inc. of Larry D. Smith, M.D. on July 10, 2017 at 11:00 AM (Binis, Barbara) [Transferred from West Virginia Southern on 2/20/2020.]
January 18, 2017 Opinion or Order Filing 7 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) (kp) [Transferred from West Virginia Southern on 2/20/2020.]
January 13, 2017 Opinion or Order Filing 6 PRETRIAL ORDER # 231 (Docket Control Order - Wave 2 Cases) The cases identified on Exhibit A will be known as the "AMS Wave 2 cases" and the following deadlines shall apply in the American Medical Systems, Inc., MDL 2325 Wave 2 cases: Scheduling Deadlines. Plaintiff Fact Sheets due by 1/24/2017, Defendant Fact Sheets due by 2/24/2017, Deadline for written discovery requests due by 6/26/2017, Expert disclosure by plaintiffs due by 6/12/2017, Expert disclosure by defendants due by 7/11/2017, Expert disclosure for rebuttal purposes due by 7/27/2017, Deposition deadline and close of discovery including corporate discovery due by 8/10/2017, Filing of Dispositive Motions due by 8/30/2017, Response to Dispositive Motions due by 9/13/2017, Reply to response to dispositive motions due by 9/20/2017, Filing of Daubert motions due by 9/20/2017, Responses to Daubert motions due by 10/04/2017, and Reply to response to Daubert motions due by 10/11/2017. Confidential Documents. In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the courts attention in a consolidated manner as follows: A consolidated motion to seal is due on or before 7/14/2017, any response is due 7/28/2017 and any reply is due 8/04/2017. Venue Recommendations. By no later than 6/12/2017, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall submit joint venue recommendations to the court by 6/22/2017. Signed by Judge Joseph R. Goodwin on 1/13/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2325; Wave 2 Cases Identified on Exhibit A) (kll) [Transferred from West Virginia Southern on 2/20/2020.]
January 16, 2014 Filing 5 AMENDED SHORT FORM COMPLAINT filed by Rose Callaway, Tim Callaway against American Medical Systems, Inc. ("AMS"). (Kuntz, Jeffrey) (Modified on 1/19/2014 to add party filer) (skh). [Transferred from West Virginia Southern on 2/20/2020.]
December 12, 2013 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.]
December 12, 2013 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.]
October 21, 2013 Filing 2 TRANSMITTED PRETRIAL ORDER # 88 (Motion to Quash and Motion for Protective Order) entered on 10/11/2013 in MDL 2325 to attorneys in member case. (cbo) [Transferred from West Virginia Southern on 2/20/2020.]
October 16, 2013 Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2715841. (Attachment: #1 Civil Cover Sheet) (tmh) [Transferred from West Virginia Southern on 2/20/2020.]

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 Washington Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: Callaway et al v. American Medical Systems, Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: American Medical Systems Inc
Represented By: Barbara R. Binis
Represented By: Erik W. Legg
Represented By: Michael J Farrell
Represented By: Stephen J McConnell
Represented By: Whitney L Mayer
Represented By: Allison Kathleen Krashan
Represented By: Anne M Talcott
Represented By: Erik W Legg
Represented By: Ryan K Blake
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Rose Callaway
Represented By: Thomas P. Cartmell
Represented By: Jeffrey M. Kuntz
Represented By: Diane K. Watkins
Represented By: Joan D. Toomey
Represented By: Marc K Erickson
Represented By: Jason Murphy
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Tim Callaway
Represented By: Thomas P. Cartmell
Represented By: Jeffrey M. Kuntz
Represented By: Joan D. Toomey
Represented By: Marc K Erickson
Represented By: Jason Murphy
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

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.


Why Is My Information Online?