Berry et al v. Boston Scientific Corporation
| Brian K. Berry, Dawn L. Berry, Dawn L Berry and Brian K Berry |
| Boston Scientific Corporation |
| 2:2019cv00660 |
| May 3, 2019 |
| US District Court for the Western District of Washington |
| J Richard Creatura |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 16, 2019. A more recent docket listing may be available from PACER.
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Filing 50
ORDER re #48 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Bradley R Fagnani for Brian K Berry and Dawn L Berry, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA)
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Filing 49
ORDER re #47 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Alan S. Lazar for Brian K Berry and Dawn L Berry, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA)
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| Filing 48 APPLICATION OF ATTORNEY Bradley R. Fagnani FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Brian K Berry, Dawn L Berry (Fee Paid) Receipt No. 0981-5829372 (Stephens, Kim) |
| Filing 47 APPLICATION OF ATTORNEY Alan S. Lazar FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Brian K Berry, Dawn L Berry (Fee Paid) Receipt No. 0981-5829358 (Stephens, Kim) |
| Filing 46 NOTICE of Appearance by attorney Kaleigh N.B. Powell on behalf of Plaintiffs Brian K Berry, Dawn L Berry. (Powell, Kaleigh) |
| Filing 45 NOTICE of Appearance by attorney Kim D Stephens on behalf of Plaintiffs Brian K Berry, Dawn L Berry. (Stephens, Kim) |
| Attorney Michael Bonasso terminated per counsel's request. (TH) |
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Filing 44
ORDER re #42 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney James Keale for Defendant Boston Scientific Corporation by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 43
ORDER re #41 Application for Leave to Appear Pro Hac Vice. The Court ADMITS attorney Michael Tanenbaum for Defendant Boston Scientific Corporation by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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| Filing 42 APPLICATION OF ATTORNEY James Keale FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Boston Scientific Corporation (Fee Paid) Receipt No. 0981-5764307 (Fraser, Erin) |
| Filing 41 APPLICATION OF ATTORNEY Michael Tanenbaum FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Boston Scientific Corporation (Fee Paid) Receipt No. 0981-5764303 (Fraser, Erin) |
| Filing 40 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Jon A Strongman for Defendant Boston Scientific Corporation. (Attachments: #1 Certificate of Service)(Hedeen, Heather) |
| Filing 39 NOTICE of Appearance by attorney Malika Johnson on behalf of Defendant Boston Scientific Corporation. (Johnson, Malika) |
| Filing 38 NOTICE of Appearance by attorney Alice Coles Serko on behalf of Defendant Boston Scientific Corporation. (Serko, Alice) |
| Filing 37 NOTICE of Appearance by attorney Erin P Fraser on behalf of Defendant Boston Scientific Corporation. (Fraser, Erin) |
| Filing 36 NOTICE of Appearance by attorney Heather A. Hedeen on behalf of Defendant Boston Scientific Corporation. (Attachments: #1 Certificate of Service)(Hedeen, Heather) |
| Filing 35 LETTER from Clerk to counsel re receipt of case from District of Southern District of West Virginia and advising of WAWD case number and judge assignment. (GT) |
| Filing 34 Case transferred in from District of West Virginia Southern, Case Number 2:16-cv-01454 (in re: 2:12-md-02326). |
| Judge J Richard Creatura added. (GT) |
| Filing 33 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02326 - Boston Scientific Corporation. (Attachments: #1 ECF 200 - BSC's Master Answer to Pltfs' Master Long Form Complaint, #2 ECF 197 - Master Long Form Complaint and Jury Demand, #3 ECF 611 - Transcript of Status Conference, #4 ECF 4807 - BSC's Motion to Limit Testimony of Dionysios Veronikis, MD and Memo in Support, #5 ECF 4830 - Pltf's Combined Motion and Memo to Exclude Testimony of James Rice, MD, #6 ECF 4826 - Pltf's Motion and Memo of Law in Support of Motion to Exclude Testimony of Stephen Badylak, DVM, #7 ECF 4825 - Pltf's Motion and Memo of Law in Support of Motion to Exclude Testimony of Steven Little, PhD, #8 ECF 4976 - BSC's Opp to Pltf's Motion to Exclude Testimony of Stephen Badylak, BVM, PhD, MD, #9 ECF 4971 - Memo in Opp to Pltf's Combined Motion and Memo of Law to Exclude Testimony of James Rice, MD, #10 ECF 4979 - Response in Opp to Pltf's Motion to Exclude Testimony of Steven Little, PhD, #11 ECF 5033 - Pltf's Reply to Deft's Response to Pltf's Motion to Exclude Testimony of Dr. Stephen Badylak, #12 ECF 6044 - BSC-MDL - Memo Opinion and Order re Daubert Motion re Dr. Steven Little, #13 ECF 6049 - BSC-MDL - Memo Opinion and Order re Daubert Motion re Dr. Steven Spiegelberg, #14 ECF 6644- Joint Venue Recommendations, #15 ECF 6990 - Pltf's Notice of Adoption of Prior Daubert Motion of Dr. James Rice for Wave 4 Cases, #16 ECF 6984 - Pltf's Notice of Adoption of Prior Daubert Motion of Dr. Stephen Badylak for Wave 4 Cases, #17 ECF 6995 - Pltf's Notice of Adoption of Prior Daubert Motion of Dr. Steven Little for Wave 4 Cases, #18 ECF 7004 - WAVE 4 - Pltf's Motion and Memo to Exclude Opinions and Testimony of Stephen Spiegelberg, PhD, #19 ECF 7037 - Pltf's Notice of Adoption of Prior Daubert Response of Bruce Rosenzweig, MD for BSC Wave 4, #20 ECF 7041 - BSC's Notice of Adoption of Prior Daubert Response of James Rice, MD, #21 ECF 7067 - BSC's Notice of Adoption of Prior Daubert Response of Stephen Badylak, PhD, #22 ECF 7066 - BSC's Notice of Adoption of Prior Daubert Response of Steven Little, PhD, #23 ECF 7088 - BSC's Response in Opposition to Pltf's Motion to Exclude Testimony of Stephen Spiegelberg, PhD, #24 ECF 7160 - Pltf's Reply in Support of Motion to Exclude Testimony of Stephen Spiegelberg, PhD)(Strongman, Jon) [Transferred from wvsd on 5/3/2019.] |
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Filing 32
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 05/01/2019 the cases identified on Exhibit A that are still pending shall be transferred to the United States District Courts identified on Exhibit A; on or before 4/30/2019 the parties are DIRECTED to confer and to file in each pending individual member case identified in Exhibit A, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the Clerk is DIRECTED to use the appropriate function in CM/ECF to extract each member case listed on Exhibit A that remains pending and transfer it to the corresponding United States District Court listed on Exhibit A; after transfer of each member case listed in Exhibit A that is not dismissed prior to the Transfer Date, the Clerk is DIRECTED to formally close the case and strike it from the docket of this court. Signed by Judge Joseph R. Goodwin on 4/17/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (kp) [Transferred from wvsd on 5/3/2019.]
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| Filing 31 JOINT VENUE RECOMMENDATION by Boston Scientific Corporation, Dawn L. Berry, Brian K. Berry (Tanenbaum, Michael) (Modified on 4/11/2019 to add party filers) (kew). [Transferred from wvsd on 5/3/2019.] |
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Filing 30
ORDER The conferences scheduled for April 4 and 5, 2019, in the cases on Exhibits A and B are CANCELLED; the court ORDERS that by 4/15/2019, the parties file a joint document in each of the cases on Exhibits A and B identifying the proper remand or transfer court for each case on Exhibits A and B. Signed by Judge Joseph R. Goodwin on 3/19/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases on Exhibits A and B) (kab) [Transferred from wvsd on 5/3/2019.]
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Filing 29
ORDER The Order entered on 1/7/2019 is amended to change the date of the previously scheduled status conferences; directing that the individual plaintiffs whose cases are listed on Exhibits A and B and their counsel and counsel for Boston Scientific Corporation attend a status conference with the court as follows: 1. on Thursday, 4/4/2019 at 9:00 a.m. for the cases listed on Exhibit A; and 2. on Friday, 4/5/2019 at 9:30 a.m. for the cases listed on Exhibit B; any plaintiff who fails to comply with this Order may be subject to a substantial sanction, including dismissal with prejudice. Signed by Judge Joseph R. Goodwin on 1/25/2019. (cc: counsel of record; any unrepresented party) (st) [Transferred from wvsd on 5/3/2019.]
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Filing 28
ORDER directing that individual plaintiffs whose cases are listed on Exhibits A and B and their counsel and Mike Tanenbaum, counsel for Boston Scientific Corporation, as well as leadership plaintiffs' counsel, Henry Garrard and Tom Cartmell, attend a settlement conference with the court as follows: 1. On 3/13/2019, beginning at 9:00 a.m. for the cases listed on Exhibit A; and 2. On 3/14/2019, beginning at 10:00 a.m. for the cases listed on Exhibit B; any plaintiff who fails to comply with this Order may be subject to a substantial sanction, including dismissal with prejudice. Signed by Judge Joseph R. Goodwin on 1/7/2019. (cc: attys; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibits A and B) (st) [Transferred from wvsd on 5/3/2019.]
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| Filing 27 REPLY by Brian K. Berry, Dawn L. Berry to #26 Response In Opposition. (Attachments: #1 Declaration of Alan S. Lazar, #2 Exhibit A to Declaration of Alan S. Lazar)(Lazar, Alan) (Modified on 12/26/2018 to convert event to reply to response) (kp). [Transferred from wvsd on 5/3/2019.] |
| Filing 26 RESPONSE by Boston Scientific Corporation in opposition to #25 SECOND MOTION by Brian K. Berry, Dawn L. Berry to Exclude and Limit Expert Witnesses Pursuant to Rule 37(c) (Strongman, Jon) [Transferred from wvsd on 5/3/2019.] |
| Filing 25 SECOND MOTION by Brian K. Berry, Dawn L. Berry to Exclude and Limit Expert Witnesses Pursuant to Rule 37(c). (Attachments: #1 Declaration of Alan S. Lazar, #2 Exhibit A to Declaration of Alan S. Lazar, #3 Exhibit B to Declaration of Alan S. Lazar, #4 Exhibit C to Declaration of Alan S. Lazar, #5 Exhibit D to Declaration of Alan S. Lazar, #6 Exhibit E to Declaration of Alan S. Lazar, #7 Exhibit F to Declaration of Alan S. Lazar, #8 Exhibit G to Declaration of Alan S. Lazar, #9 Proposed Order)(Lazar, Alan) [Transferred from wvsd on 5/3/2019.] |
| Filing 24 REPLY by Brian K. Berry, Dawn L. Berry to #23 RESPONSE in Opposition (Attachments: #1 Affidavit Supplemental Declaration of Alan Lazar in Support of Reply, #2 Exhibit A to Declaration of Alan Lazar, #3 Exhibit B to Declaration of Alan Lazar, #4 Exhibit C to Declaration of Alan Lazar, #5 Exhibit D to Declaration of Alan Lazar)(Lazar, Alan) (Modified on 11/4/2018 to remove #22 motion) (mk). [Transferred from wvsd on 5/3/2019.] |
| Filing 23 RESPONSE by Boston Scientific Corporation in opposition to #22 MOTION by Brian K. Berry, Dawn L. Berry to Strike and Exclude Defendant's Expert Witnesses (Attachments: #1 Exhibit A, #2 Exhibit B)(Anielak, Eric) [Transferred from wvsd on 5/3/2019.] |
| Filing 22 MOTION by Brian K. Berry, Dawn L. Berry to Strike and Exclude Defendant's Expert Witnesses. (Attachments: #1 Declaration of Alan S. Lazar, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order)(Lazar, Alan) [Transferred from wvsd on 5/3/2019.] |
| Filing 21 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Rule 26 Designation and Disclosure of Expert Witnesses. (Anielak, Eric) [Transferred from wvsd on 5/3/2019.] |
| Filing 20 CERTIFICATE OF SERVICE by Brian K. Berry for Response and Objections to Amended Notice of Deposition Duces Tecum. (Lazar, Alan) [Transferred from wvsd on 5/3/2019.] |
| Filing 19 CERTIFICATE OF SERVICE by Dawn L. Berry for Response and Objections to Amended Notice of Deposition Duces Tecum. (Lazar, Alan) [Transferred from wvsd on 5/3/2019.] |
| Filing 18 NOTICE TO TAKE DEPOSITION DUCES TECUM by Boston Scientific Corporation of Brian Berry on September 19, 2018 at 4:00 p.m. (Keale, James) [Transferred from wvsd on 5/3/2019.] |
| Filing 17 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Dawn Berry on September 19, 2018 at 1 p.m. (Keale, James) [Transferred from wvsd on 5/3/2019.] |
| Filing 16 CERTIFICATE OF SERVICE by Brian K. Berry, Dawn L. Berry for Rule 26(a)(2) Expert Testimony Disclosures. (Lazar, Alan) [Transferred from wvsd on 5/3/2019.] |
| Filing 15 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Brian Berry on September 13, 2018 at 1:00 p.m. (Tanenbaum, Michael) [Transferred from wvsd on 5/3/2019.] |
| Filing 14 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Dawn Berry on September 13, 2018 at 10:00 a.m. (Tanenbaum, Michael) [Transferred from wvsd on 5/3/2019.] |
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Filing 13
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; 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) (kab) [Transferred from wvsd on 5/3/2019.]
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| Filing 12 CERTIFICATE OF SERVICE by Dawn L. Berry for First Set of Interrogatories, Requests for Production of Documents, and Requests for Admission. (Lazar, Alan) [Transferred from wvsd on 5/3/2019.] |
| Filing 11 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Dawn Berry on May 3, 2018 at 2:00 p.m. (Keale, James) [Transferred from wvsd on 5/3/2019.] |
| Filing 10 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by James H. Keale on behalf of Boston Scientific Corporation. (Keale, James) [Transferred from wvsd on 5/3/2019.] |
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Filing 9
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 wvsd on 5/3/2019.]
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| Filing 8 PLAINTIFF PROFILE FORM filed by Dawn L. Berry. (Lazar, Alan) [Transferred from wvsd on 5/3/2019.] |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Bonasso on behalf of Boston Scientific Corporation. (Bonasso, Michael) [Transferred from wvsd on 5/3/2019.] |
| Filing 6 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon A. Strongman on 2/12/2016. Boston Scientific Corporation waiver mailed on 2/11/2016, answer due 4/11/2016. (Strongman, Jon) [Transferred from wvsd on 5/3/2019.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jon A. Strongman on behalf of Boston Scientific Corporation. (Strongman, Jon) [Transferred from wvsd on 5/3/2019.] |
| Filing 4 TRANSMITTED PRETRIAL ORDER # 137 (Order Scheduling Status Conference and Meetings in MDLs on April 6-7, 2016) entered on 02/04/2016 in MDL 2326 to attorneys in member case. (kp) [Transferred from wvsd on 5/3/2019.] |
| Filing 2 ELECTRONIC SUMMONS ISSUED as to Boston Scientific Corporation, re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (mh) [Transferred from wvsd on 5/3/2019.] |
| Filing 3 Filing Fee: $400.00, Receipt Number CHAR010543. (kp) [Transferred from wvsd on 5/3/2019.] |
| Filing 1 SHORT FORM COMPLAINT. (Attachments: #1 Exhibit( A - Other Causes of Action, #2 Civil Cover Sheet) (mh) [Transferred from wvsd on 5/3/2019.] |
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