Aguilar v. American Medical Systems Inc
Plaintiff: Maria Olivia Aguilar
Defendant: American Medical Systems Inc
Case Number: 2:2020cv00259
Filed: February 20, 2020
Court: US District Court for the Western District of Washington
Presiding Judge: Robert S Lasnik
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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This docket was last retrieved on May 20, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 3, 2020 Filing 57 APPLICATION OF ATTORNEY Rachel B. Weil FOR LEAVE TO APPEAR PRO HAC VICE for Defendant American Medical Systems Inc (Fee Paid) Receipt No. AWAWDC-6252601 (Talcott, Anne) Local counsel maintains an office in Seattle, WA & Portland, OR on 4/3/2020 (DS).
March 25, 2020 Opinion or Order Filing 56 ORDER re #50 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Regina Nelson for Defendant American Medical Systems Inc, 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)
March 25, 2020 Opinion or Order Filing 55 ORDER re #49 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Stephen J. McConnell for Defendant American Medical Systems Inc, 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)
March 25, 2020 Opinion or Order Filing 54 ORDER re #48 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Barbara R. Binis for Defendant American Medical Systems Inc, 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)
March 18, 2020 Filing 53 NOTICE of Appearance by attorney Allison K. Krashan on behalf of Defendant American Medical Systems Inc. (Krashan, Allison)
March 16, 2020 Opinion or Order Filing 52 ORDER re #51 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Ruba Noor for Defendant American Medical Systems Inc, 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)
March 13, 2020 Filing 51 APPLICATION OF ATTORNEY Ruba Noor FOR LEAVE TO APPEAR PRO HAC VICE for Defendant American Medical Systems Inc (Fee Paid) Receipt No. AWAWDC-6209814 (Talcott, Anne) (Main Document 51 replaced on 3/27/2020) (DS).
March 13, 2020 Filing 50 APPLICATION OF ATTORNEY Regina M. Nelson FOR LEAVE TO APPEAR PRO HAC VICE for Defendant American Medical Systems Inc (Fee Paid) Receipt No. AWAWDC-6209797 (Talcott, Anne) (Main Document 50 replaced on 3/27/2020) (DS).
March 13, 2020 Filing 49 APPLICATION OF ATTORNEY Stephen J. McConnell FOR LEAVE TO APPEAR PRO HAC VICE for Defendant American Medical Systems Inc (Fee Paid) Receipt No. AWAWDC-6209792 (Talcott, Anne) (Main Document 49 replaced on 3/27/2020) (DS).
March 13, 2020 Filing 48 APPLICATION OF ATTORNEY Barbara R. Binis FOR LEAVE TO APPEAR PRO HAC VICE for Defendant American Medical Systems Inc (Fee Paid) Receipt No. AWAWDC-6209786 (Talcott, Anne) (Main Document 48 replaced on 3/27/2020) (DS).
March 11, 2020 Filing 47 NOTICE AMS Motion to Exclude Blaivas - MDL ECF 7467 ; filed by Defendant American Medical Systems Inc. (Attachments: #1 MDL ECF 7468 Memo iso Exclude Blaivas, #2 MDL ECF 7492 Pltf Resp Exclude Blaivas, #3 MDL ECF 7509 AMS Reply Exclude Blaivas)(Talcott, Anne) Modified on 3/12/2020 (MW).
March 11, 2020 Filing 46 NOTICE MDL ECF 7481 Plaintiffs Adoption Mot Exclude Badylak, Becker, Kozak, Coad ; filed by Defendant American Medical Systems Inc. (Attachments: #1 MDL ECF 7494 Defs Opposition Exclude Becker, #2 MDL ECF 7496 Def Opposition Exclude Badylak Part 1, #3 MDL ECF 7496 Def Opposition Exclude Badylak Part 2, #4 MDL ECF 7496 Def Opposition Exclude Badylak Part 1, #5 MDL ECF 7497 Def Opposition Exclude Coad)(Talcott, Anne) Modified on 3/12/2020 (MW).
March 11, 2020 Filing 45 NOTICE MDL ECL 7469 AMS Motion to Exclude Guelcher ; filed by Defendant American Medical Systems Inc. (Attachments: #1 MDL ECF 7470 memo iso Exclude Guelcher, #2 MDL ECF 7500 Pltf Notice Adoption Response Guelcher, #3 MDL ECF 7505 AMS Reply Exclude Guelcher)(Talcott, Anne) Modified on 3/12/2020 (MW).
March 11, 2020 Filing 44 NOTICE MDL ECF 7463 Mot Exclude Galloway ; filed by Defendant American Medical Systems Inc. (Attachments: #1 MDL ECF 7464 AMS Memo iso Exclude Galloway, #2 MDL ECF 7493 Pltf Notice Adoption Resp Exclude Galloway, #3 MDL ECF 7506 AMS Reply Exclude Galloway)(Talcott, Anne) Modified on 3/12/2020 (MW).
March 11, 2020 Filing 43 NOTICE MDL ECF 1234 - Pretrial Order #171 - Order Amending Pretrial Order #118 ; filed by Defendant American Medical Systems Inc. (Talcott, Anne)
March 11, 2020 Filing 42 NOTICE MDL ECF 748 - Pretrial Order #73 Stipulation - Defense Witnesses ; filed by Defendant American Medical Systems Inc. (Talcott, Anne)
March 11, 2020 Filing 41 NOTICE MDL ECF 288 Pretrial Order #17 ; filed by Defendant American Medical Systems Inc. (Talcott, Anne)
March 11, 2020 Filing 40 NOTICE MDL ECF 231 Pretrial Order #13 Stip Prot Order ; filed by Defendant American Medical Systems Inc. (Talcott, Anne)
February 27, 2020 Filing 39 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Endo Pharmaceuticals Inc, Corporate Parent Endo Health Solutions Inc, Corporate Parent Endo International plc for American Medical Systems Inc. Filed pursuant to Fed.R.Civ.P 7.1. Filed by American Medical Systems Inc (Talcott, Anne)
February 27, 2020 Filing 38 NOTICE of Appearance by attorney Anne M Talcott on behalf of Defendant American Medical Systems Inc. (Talcott, Anne)
February 20, 2020 Filing 37 LETTER from Clerk to counsel re receipt of case from Southern District of West Virginia and advising of WAWD case number and judge assignment. (GT)
February 20, 2020 Filing 36 Case transferred in from District of West Virginia Southern, Case Number 2:17-cv-00238.
February 20, 2020 Judge Robert S. Lasnik added. (GT)
February 20, 2020 NOTICE Pursuant to Fed.R.Civ.P 7.1, American Medical System Inc must file a Corporate Disclosure Statement by 2/27/2020. (GT)
February 19, 2020 Filing 35 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02325 - American Medical Systems, Inc. (Binis, Barbara) [Transferred from wvsd on 2/20/2020.]
February 6, 2020 Opinion or Order Filing 34 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 wvsd on 2/20/2020.]
September 20, 2019 Filing 33 OBJECTIONS AND RESPONSES by American Medical Systems, Inc. to #32 Notice to Take Video Deposition of Dr. James Coad. (Binis, Barbara) [Transferred from wvsd on 2/20/2020.]
September 17, 2019 Filing 32 NOTICE TO TAKE VIDEOTAPED DEPOSITION by Maria Olivia Aguilar of James Coad, M.D. on 09/24/19 at 9:00 am (Costigan, Dennis) [Transferred from wvsd on 2/20/2020.]
September 5, 2019 Filing 31 REPLY MEMORANDUM OF LAW by American Medical Systems, Inc. to #29 Memorandum In Opposition. (Attachment: #1 Exhibit 1)(Binis, Barbara) [Transferred from wvsd on 2/20/2020.]
September 4, 2019 Filing 30 REPLY MEMORANDUM by American Medical Systems, Inc. to #28 Memorandum In Opposition. (Weil, Rachel) [Transferred from wvsd on 2/20/2020.]
August 29, 2019 Filing 29 MEMORANDUM by Maria Olivia Aguilar in opposition to #26 MOTION by American Medical Systems, Inc. to Exclude The Opinions and Testimony of Konstantin Walmsley, M.D., Pursuant to Daubert and Federal Rule of Evidence 702. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Thompson, Fred) [Transferred from wvsd on 2/20/2020.]
August 28, 2019 Filing 28 MEMORANDUM by Maria Olivia Aguilar in opposition to #24 MOTION by American Medical Systems, Inc. for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Thompson, Fred) [Transferred from wvsd on 2/20/2020.]
August 15, 2019 Filing 27 MEMORANDUM OF LAW by American Medical Systems, Inc. in support of #26 MOTION by American Medical Systems, Inc. to Exclude The Opinions and Testimony of Konstantin Walmsley, M.D., Pursuant to Daubert and Federal Rule of Evidence 702. (Weil, Rachel) [Transferred from wvsd on 2/20/2020.]
August 15, 2019 Filing 26 MOTION by American Medical Systems, Inc. to Exclude The Opinions and Testimony of Konstantin Walmsley, M.D., Pursuant to Daubert and Federal Rule of Evidence 702. (Attachments: #1 Proposed Order, #2 Exhibit A-D)(Weil, Rachel) [Transferred from wvsd on 2/20/2020.]
August 15, 2019 NOTICE OF DOCKET CORRECTION re: #24 Motion by American Medical Systems, Inc. for Summary Judgment. ERROR: Incomplete Exhibits A-D attached. CORRECTION: Incomplete images of Exhibits A-D replaced. (ts) [Transferred from wvsd on 2/20/2020.]
August 14, 2019 Filing 25 MEMORANDUM OF LAW by American Medical Systems, Inc. in support of #24 MOTION by American Medical Systems, Inc. for Summary Judgment (McConnell, Stephen) [Transferred from wvsd on 2/20/2020.]
August 14, 2019 Filing 24 MOTION by American Medical Systems, Inc. for Summary Judgment (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(McConnell, Stephen) (Modified on 8/15/2019 to replace incomplete image) (ts). [Transferred from wvsd on 2/20/2020.]
August 6, 2019 Filing 23 OBJECTIONS AND RESPONSES by American Medical Systems, Inc. in opposition to #22 Notice of Video Deposition of Dr. Eric Rovner. (Binis, Barbara) [Transferred from wvsd on 2/20/2020.]
August 2, 2019 Filing 22 NOTICE TO TAKE VIDEO DEPOSITION by Maria Olivia Aguilar of Eric Rovner, M.D. on 08/07/19 at 5:00 pm (Costigan, Dennis) [Transferred from wvsd on 2/20/2020.]
July 31, 2019 Filing 21 NOTICE OF DEPOSITION by American Medical Systems, Inc. of Suzette E. Sutherland, M.D. on August 19, 2019 at 1:00 p.m. PT (Binis, Barbara) [Transferred from wvsd on 2/20/2020.]
July 3, 2019 Filing 20 AMENDED NOTICE OF DEPOSITION by American Medical Systems, Inc. of Dr. Geoffrey Hsieh, M.D. on August 7, 2019 at 2:00 p.m. (Binis, Barbara) [Transferred from wvsd on 2/20/2020.]
June 20, 2019 Filing 19 NOTICE OF VIDEOTAPED DEPOSITION by American Medical Systems, Inc. of Konstantin Walmsley, M.D. on June 28, 2019 at 9:30 a.m. (Binis, Barbara) [Transferred from wvsd on 2/20/2020.]
June 12, 2019 Filing 18 NOTICE OF DEPOSITION by American Medical Systems, Inc. of Margaret L. Hutchinson, M.D. on June 28, 2019 at 9:00 a.m. (Binis, Barbara) [Transferred from wvsd on 2/20/2020.]
May 24, 2019 Filing 17 CERTIFICATE OF SERVICE by Maria Olivia Aguilar for Rule 26 Expert Disclosures with reports. (Costigan, Dennis) [Transferred from wvsd on 2/20/2020.]
May 22, 2019 Filing 16 NOTICE OF DEPOSITION by American Medical Systems, Inc. of Dr. Geoffrey Hsieh, M.D. on July 31, 2019 at 2:00 pm (Binis, Barbara) [Transferred from wvsd on 2/20/2020.]
April 18, 2019 Filing 15 CERTIFICATE OF SERVICE by Maria Olivia Aguilar for Objections and Response to American Medical System's Interrogatories, Requests for Production, and Requests for Admission. (Costigan, Dennis) [Transferred from wvsd on 2/20/2020.]
March 27, 2019 Filing 14 NOTICE OF DEPOSITION by American Medical Systems, Inc. of Maria Aguilar on April 29, 2019 at 10:00 am (Binis, Barbara) [Transferred from wvsd on 2/20/2020.]
March 25, 2019 Filing 13 CERTIFICATE OF SERVICE by Maria Olivia Aguilar for Interrogatories, Requests for Production, and First Set of Requests for Admission to Defendants. (Thompson, Fred) [Transferred from wvsd on 2/20/2020.]
February 25, 2019 Filing 12 NOTICE OF ATTORNEY APPEARANCE by Barbara R. Binis on behalf of American Medical Systems, Inc.. (Binis, Barbara) [Transferred from wvsd on 2/20/2020.]
February 4, 2019 Opinion or Order Filing 11 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 wvsd on 2/20/2020.]
August 15, 2018 Opinion or Order Filing 10 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) (mek) (ADI) [Transferred from wvsd on 2/20/2020.]
May 1, 2018 Opinion or Order Filing 9 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 wvsd on 2/20/2020.]
March 19, 2018 Opinion or Order Filing 8 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.. (cc: counsel of record; any unrepresented party) (REF: MDL 2325; Cases on inactive docket) Signed by Judge Joseph R. Goodwin on 3/19/2018. (ts) (ADI) [Transferred from wvsd on 2/20/2020.]
July 12, 2017 Opinion or Order Filing 7 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 5/31/2018; 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. 4478 in MDL Case No. 2325 AMS. Signed by Judge Joseph R. Goodwin on 7/12/2017. (cc: attys; any unrepresented party) (ts) (ADI) [Transferred from wvsd on 2/20/2020.]
June 19, 2017 Filing 6 PLAINTIFF PROFILE FORM filed by Maria Olivia Aguilar. (Migliori, Donald) [Transferred from wvsd on 2/20/2020.]
March 29, 2017 Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael J. Farrell on behalf of American Medical Systems, Inc.. (Farrell, Michael) [Transferred from wvsd on 2/20/2020.]
March 29, 2017 Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Erik W. Legg on behalf of American Medical Systems, Inc.. (Legg, Erik) [Transferred from wvsd on 2/20/2020.]
January 10, 2017 Filing 3 TRANSMITTED PRETRIAL ORDER # 229 (Motions by Non-Party AkinMears to Quash and for Protective Order) entered on 12/05/2016 in MDL 2325 to attorneys in member case. (jk) [Transferred from wvsd on 2/20/2020.]
January 9, 2017 Filing 2 ELECTRONIC SUMMONS ISSUED as to American Medical Systems, Inc., 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). (bw) [Transferred from wvsd on 2/20/2020.]
January 6, 2017 Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-5230568. (Attachment: #1 Civil Cover Sheet) (bw) [Transferred from wvsd on 2/20/2020.]

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Plaintiff: Maria Olivia Aguilar
Represented By: Fidelma L. Fitzpatrick
Represented By: Jonathan D. Orent
Represented By: Donald A. Migliori
Represented By: Dennis A. Costigan
Represented By: Fred Thompson, III
Represented By: PRO HAC VICE PENDING
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Defendant: American Medical Systems Inc
Represented By: Michael J. Farrell
Represented By: Barbara R. Binis
Represented By: PRO HAC VICE PENDING
Represented By: Erik W. Legg
Represented By: Regina Nelson
Represented By: Stephen J. McConnell
Represented By: Anne M Talcott
Represented By: Ruba Noor
Represented By: Allison K. Krashan
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