Geraci et al v. American Medical Systems Inc
| Gregory Geraci and Beverly Geraci |
| American Medical Systems Inc |
| 2:2020cv00261 |
| February 20, 2020 |
| US District Court for the Western District of Washington |
| Robert S Lasnik |
| Ricardo S Martinez |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 2, 2020. A more recent docket listing may be available from PACER.
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| Filing 66 MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: 10-12 days. Jury Trial is set for 10/4/2021 at 9:00 AM in Courtroom 15106 before Judge Robert S. Lasnik. Joinder of Parties due by 5/13/2020, Amended Pleadings due by 4/7/2021, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 4/7/2021, Discovery completed by 6/6/2021, Attorney settlement conference to be held by 6/20/2021, Dispositive motions due by 7/6/2021, Motions in Limine due by 9/6/2021, Pretrial Order due by 9/22/2021, Trial briefs to be submitted by 9/29/2021, Proposed voir dire/jury instructions and trial exhibits due by 9/29/2021 (KERR) |
| Filing 65 MINUTE ORDER REASSIGNING CASE. At the direction of Judge Ricardo S. Martinez, case reassigned to Judge Robert S. Lasnik for all further proceedings, as related to C20-259RSL. Judge Ricardo S. Martinez no longer assigned to case. (LC) |
| Filing 64 NOTICE of Related Case(s) 2:20-cv-00259, 3:20-cv-05144, by Defendant American Medical Systems Inc. (Talcott, Anne) |
| Filing 63 JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 12. Filed by Defendant American Medical Systems Inc.(Talcott, Anne) |
| Filing 62 APPLICATION OF ATTORNEY Rachel B. Weil FOR LEAVE TO APPEAR PRO HAC VICE for Defendant American Medical Systems Inc (Fee Paid) Receipt No. AWAWDC-6252576 (Talcott, Anne) Local Counsel maintains an office in Seattle, WA & Portland, OR 4/3/2020 (DS). |
Filing 61
ORDER re #55 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)
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Filing 60
ORDER re #54 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)
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Filing 59
ORDER re #53 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)
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| Filing 58 NOTICE of Appearance by attorney Allison K. Krashan on behalf of Defendant American Medical Systems Inc. (Krashan, Allison) |
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Filing 57
ORDER re #56 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)
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| Filing 56 APPLICATION OF ATTORNEY Ruba Noor FOR LEAVE TO APPEAR PRO HAC VICE for Defendant American Medical Systems Inc (Fee Paid) Receipt No. AWAWDC-6209858 (Talcott, Anne). Local Counsel also maintains an office in Seattle, WA and Portland, OR 3/16/2020 (DS). (Main Document 56 replaced on 3/27/2020) (DS). |
| Filing 55 APPLICATION OF ATTORNEY Regina M. Nelson FOR LEAVE TO APPEAR PRO HAC VICE for Defendant American Medical Systems Inc (Fee Paid) Receipt No. AWAWDC-6209857 (Talcott, Anne). Local Counsel also maintains an office in Seattle, WA and Portland, OR 3/16/2020 (DS). (Main Document 55 replaced on 3/27/2020) (DS). |
| Filing 54 APPLICATION OF ATTORNEY Stephen J. McConnell FOR LEAVE TO APPEAR PRO HAC VICE for Defendant American Medical Systems Inc (Fee Paid) Receipt No. AWAWDC-6209849 (Talcott, Anne). Local Counsel also maintains an office in Seattle, WA and Portland, OR 3/16/2020 (DS). (Main Document 54 replaced on 3/27/2020) (DS). |
| Filing 53 APPLICATION OF ATTORNEY Barbara R. Binis FOR LEAVE TO APPEAR PRO HAC VICE for Defendant American Medical Systems Inc (Fee Paid) Receipt No. AWAWDC-6209838 (Talcott, Anne). Local Counsel also maintains an office in Seattle, WA and Portland, OR 3/16/2020 (DS). (Main Document 53 replaced on 3/27/2020) (DS). |
| Filing 52 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) |
| Filing 51 NOTICE of Appearance by attorney Anne M Talcott on behalf of Defendant American Medical Systems Inc. (Talcott, Anne) |
| Filing 50 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Karolina S. Kulesza for Plaintiffs Beverly Geraci, Gregory Geraci. (Murphy, Jason) |
| Filing 49 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Britt A. Birkenbuel for Plaintiffs Beverly Geraci, Gregory Geraci. (Murphy, Jason) |
| NOTICE: At defendant's request, the deadline for American Medical Systems Inc to file a Corporate Disclosure Statement is extended to 3/12/2020, to allow additional time to obtain local counsel. (LW) |
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Filing 48
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 4/3/2020, FRCP 26f Conference Deadline is 3/20/2020, Initial Disclosure Deadline is 3/27/2020, by Judge Ricardo S. Martinez. (LW)
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| Filing 47 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) |
| Filing 46 Case transferred in from District of West Virginia Southern, Case Number 2:15-cv-11743. |
| Judge Ricardo S. Martinez added. (GT) |
| NOTICE Pursuant to Fed.R.Civ.P 7.1, American Medical Systems Inc must file a Corporate Disclosure Statement by 2/27/2020. (GT) |
| Filing 45 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02325 - American Medical Systems, Inc. (Attachments: #1 ECF 204 - PTO 12, #2 ECF 231 - PTO 13, #3 ECF 241 - Notice Pltfs Request for Production, #4 ECF 244 - PTO 14, #5 ECF 245 - Master Long Form Complaint & Jury Demand, #6 ECF 246 Master Short Form Complaint, #7 ECF 247 - AMS Answer, #8 ECF 261 - PTO 15, #9 ECF 288 - PTO 17, #10 ECF 302 - PTO 19, #11 ECF 326 - PTO 24, #12 ECF 423 - PTO 40, #13 ECF 469 - PTO 41, #14 ECF 500 - PTO 47, #15 ECF 554 - PTO 54, #16 ECF 662 - PTO 63, #17 ECF 715 - PTO 70, #18 ECF 748 - PTO 73, #19 ECF 749 - PTO 74, #20 ECF 1086 - PTO 116, #21 ECF 1129 - PTO 118, #22 ECF 1209 - PTO 158, #23 ECF 1234 - PTO 171, #24 ECF 1981 PTO - 202, #25 ECF 3216 -PTO 223, #26 ECF 3263 - Motion & Memorandum by Pltfs to Compel Production, #27 ECF 3263 - Motion & Memorandum by Pltfs to Compel Production, #28 ECF 3263 - Motion & Memorandum by Pltfs to Compel Production, #29 ECF 3263 - Motion & Memorandum by Pltfs to Compel Production, #30 ECF 3263 - Motion & Memorandum by Pltfs to Compel Production, #31 ECF 3263 - Motion & Memorandum by Pltfs to Compel Production, #32 ECF 3274 - Certification of Compiance with PTO 223, #33 ECF 3320 - Partial Opposition by AMS to 3263 Motion, #34 ECF 3370 - Pltfs Reply re 3320 Opposition, #35 ECF 3532 - Motion by All Pltfs for Protective Order, #36 ECF 3534 - Suggestion by All Pltfs in support of 3532, #37 ECF 3563 - Opposition by AMS to 3532 Motion, #38 ECF 3592 - Order Granting 3532 Motion Protective Order, #39 ECF 4220 - PTO 238, #40 ECF 6787 Memo in Opposition to Motion to Exclude Galoway, #41 ECF 6787 Memo in Opposition to Motion to Exclude Galoway, #42 ECF 6787 Memo in Opposition to Motion to Exclude Galoway, #43 ECF 7137 - PTO 274, #44 ECF 7410 - Memo in Opposition to Motion to Exclude Mays, #45 ECF 7441 - Notice of Joint Venue Recommendations, #46 ECF 7463 - AMS Motion to Exclude Galloway, #47 ECF 7464 - AMS Memo ISO Motion to Exclude Galloway, #48 ECF 7469 - AMS Motion to Exclude Guelcher, #49 ECF 7470 - AMS Brief ISO Motion to Exclude Guelcher, #50 ECF 7475 - AMS Motion to Exclude Rosenzweig, #51 ECF 7477 - AMS Motion to Exclude Mays, #52 ECF 7478 - AMS Brief ISO Motion to Exclude Rosenzweig, #53 ECF 7480 - AMS Brief ISO Motion to Exclude Mays, #54 ECF 7481 - Notice of Adoption of Prior Daubert Motion (Badylak, Becker, Coad and Kozak), #55 ECF 7493 -Pltfs Notice of Adoption of Prior Response Galloway, #56 ECF 7496 - AMS Response in Opposition to Daubert Motion (Badylak, Becker, Coad and Kozak), #57 ECF 7496 - AMS Response in Opposition to Daubert Motion (Badylak, Becker, Coad and Kozak), #58 ECF 7496 - AMS Response in Opposition to Daubert Motion (Badylak, Becker, Coad and Kozak), #59 ECF 7496 - AMS Response in Opposition to Daubert Motion (Badylak, Becker, Coad and Kozak), #60 ECF 7500 - Pltf Notice of Adoption of Prior Response Guelcher, #61 ECF 7501 - Notice Of Adoption Of Pltfs Prior Memoranda Of Law And Sur-reply ISO Opposition to Motion to Exlcude Rosenzweig, #62 ECF 7505 - Defendant Reply ISO Motion to Exclude Guelcher, #63 ECF 7506 - Reply Brief re AMS Motion to Exclude Galloway, #64 ECF 7512 - Reply of AMS re Motion to Exclude Rosenzweig, #65 ECF 7552 - Notice of Adoption of Prior Response in OppositionMotion to Exclude Guelcher, #66 ECF 7552 - Notice of Adoption of Prior Response in OppositionMotion to Exclude Guelcher, #67 ECF 7552 - Notice of Adoption of Prior Response in OppositionMotion to Exclude Guelcher, #68 ECF 7552 - Notice of Adoption of Prior Response in OppositionMotion to Exclude Guelcher, #69 ECF 7552 - Notice of Adoption of Prior Response in OppositionMotion to Exclude Guelcher, #70 ECF 7552 - Notice of Adoption of Prior Response in OppositionMotion to Exclude Guelcher, #71 ECF 7553 - Notice of Adoption of Prior Response in OppositionMotion to Exclude Mays, #72 ECF 7553 - Notice of Adoption of Prior Response in OppositionMotion to Exclude Mays)(Birkenbuel, Britt) [Transferred from wvsd on 2/20/2020.] |
| Filing 44 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jason Murphy on behalf of Beverly Geraci, Gregory Geraci. (Murphy, Jason) [Transferred from wvsd on 2/20/2020.] |
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Filing 43
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.]
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| Filing 42 AMENDED NOTICE OF DEPOSITION by American Medical Systems, Inc. of Dr. John C. Hung on November 14, 2019 at 7:30 AM (Weil, Rachel) [Transferred from wvsd on 2/20/2020.] |
| Filing 41 AMENDED SHORT FORM COMPLAINT filed by Beverly Geraci, Gregory Geraci against American Medical Systems, Inc. (Birkenbuel, Britt) [Transferred from wvsd on 2/20/2020.] |
| Filing 40 REPLY by American Medical Systems, Inc. to #38 Response In Opposition. (Binis, Barbara) [Transferred from wvsd on 2/20/2020.] |
| Filing 39 REPLY by American Medical Systems, Inc. to #37 Response In Opposition. (Weil, Rachel) [Transferred from wvsd on 2/20/2020.] |
| Filing 38 RESPONSE by Beverly Geraci, Gregory Geraci in opposition to #35 MOTION by American Medical Systems, Inc. to Exclude The Case-Specific Opinions and Testimony of Ralph Zipper, M.D., Pursuant to Daubert and Federal Rules of Evidence 702 and 703. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Birkenbuel, Britt) [Transferred from wvsd on 2/20/2020.] |
| Filing 37 RESPONSE by Beverly Geraci, Gregory Geraci in opposition to #33 MOTION by American Medical Systems, Inc. for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Birkenbuel, Britt) [Transferred from wvsd on 2/20/2020.] |
| Filing 36 MEMORANDUM OF LAW by American Medical Systems, Inc. in support of #35 MOTION by American Medical Systems, Inc. to Exclude The Case-Specific Opinions and Testimony of Ralph Zipper, M.D., Pursuant to Daubert and Federal Rules of Evidence 702 and 703. (Weil, Rachel) [Transferred from wvsd on 2/20/2020.] |
| Filing 35 MOTION by American Medical Systems, Inc. to Exclude The Case-Specific Opinions and Testimony of Ralph Zipper, M.D., Pursuant to Daubert and Federal Rules of Evidence 702 and 703. (Attachments: #1 Proposed Order, #2 Exhibit A-K)(Weil, Rachel) [Transferred from wvsd on 2/20/2020.] |
| Filing 34 MEMORANDUM OF LAW by American Medical Systems, Inc. in support of #33 MOTION by American Medical Systems, Inc. for Partial Summary Judgment (McConnell, Stephen) [Transferred from wvsd on 2/20/2020.] |
| Filing 33 MOTION by American Medical Systems, Inc. for Partial Summary Judgment (Attachments: #1 Proposed Order, #2 Exhibit A-E)(McConnell, Stephen) [Transferred from wvsd on 2/20/2020.] |
| Filing 32 NOTICE OF DEPOSITION by American Medical Systems, Inc. of John C. Hung, M.D. on August 22, 2019 at 7:30 AM (Weil, Rachel) [Transferred from wvsd on 2/20/2020.] |
| Filing 31 NOTICE OF DEPOSITION by American Medical Systems, Inc. of Rachel Hofmann, DPT, WCS on July 30, 2019 at 12:00 P.M. (Weil, Rachel) [Transferred from wvsd on 2/20/2020.] |
| Filing 30 NOTICE OF DEPOSITION by American Medical Systems, Inc. of Kevin Ward, M.D. on July 24, 2019 at 3:00 PM (Weil, Rachel) [Transferred from wvsd on 2/20/2020.] |
| Filing 29 RESPONSES AND OBJECTIONS by Beverly Geraci, Gregory Geraci to #16 Notice of Videotaped Deposition. (Birkenbuel, Britt) [Transferred from wvsd on 2/20/2020.] |
| Filing 28 NOTICE of Issuance of Subpoena to Kevin Ward, M.D. by American Medical Systems, Inc. (Weil, Rachel) [Transferred from wvsd on 2/20/2020.] |
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Filing 27
ORDER granting #17 Emergency Motion by American Medical Systems, Inc. to Compel the Deposition of Plaintiffs' Expert Ralph Zipper, M.D.; AMS shall be permitted to schedule and take the depositions of Dr. Zipper without prepayment; after conclusion of the deposition, and upon receipt of Dr. Zipper's invoice, AMS shall have thirty days to pay the fee; the fee shall be calculated using an hourly rate of $900 and may include a fee for reasonable preparation and for the time spent in the depositions. Signed by Magistrate Judge Cheryl A. Eifert on 6/17/2019. (cc: counsel of record) (kew) [Transferred from wvsd on 2/20/2020.]
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| Filing 26 TELEPHONIC MOTION HEARING held by Magistrate Judge Cheryl A. Eifert on 6/14/2019 re: #17 EMERGENCY MOTION by American Medical Systems, Inc. to Compel the Deposition of Plaintiffs' Expert Ralph Zipper, M.D.; Court Reporter: Kim Kaufman. (hkl) (Modified on 6/14/2019 to replace image to add attorney information) (rea). [Transferred from wvsd on 2/20/2020.] |
| NOTICE OF DOCKET CORRECTION re: #26 Telephonic Motion Hearing held by Magistrate Judge Cheryl A. Eifert on 6/14/2019 re: #17 EMERGENCY MOTION by American Medical Systems, Inc. to Compel the Deposition of Plaintiffs' Expert Ralph Zipper, M.D. ERROR: Incorrect image attached. CORRECTION: Image corrected and replaced. (rea) [Transferred from wvsd on 2/20/2020.] |
| Filing 25 REPLY by American Medical Systems, Inc. to #23 Response in opposition. (Attachments: #1 Exhibit A-C)(Binis, Barbara) [Transferred from wvsd on 2/20/2020.] |
| Filing 24 AMENDED NOTICE OF DEPOSITION by American Medical Systems, Inc. of Danielle Markle Price, MD on June 14, 2019 at 9:00 A.M. (Weil, Rachel) [Transferred from wvsd on 2/20/2020.] |
| NOTICE OF DOCKET CORRECTION re: #22 Response. ERROR: Image is a duplicate of the image attached to entry #21. CORRECTION: Duplicate image removed. (msa) [Transferred from wvsd on 2/20/2020.] |
| Filing 23 RESPONSE by Beverly Geraci, Gregory Geraci to #17 EMERGENCY MOTION by American Medical Systems, Inc. to Compel the Deposition of Plaintiffs' Expert Ralph Zipper, M.D., re: #19 Order. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Birkenbuel, Britt) (Modified on 6/12/2019 to add link to #17 motion) (msa). [Transferred from wvsd on 2/20/2020.] |
| Filing 22 DUPLICATE IMAGE: SEE ENTRY #21. (Modified on 6/12/2019 to remove image as a duplicate of the image attached to entry #21) (msa). [Transferred from wvsd on 2/20/2020.] |
| Filing 21 RESPONSE by Beverly Geraci, Gregory Geraci to #17 EMERGENCY MOTION by American Medical Systems, Inc. to Compel the Deposition of Plaintiffs' Expert Ralph Zipper, M.D., re: #19 Order. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Birkenbuel, Britt) (Modified on 6/12/2019 to add link to #17 motion) (msa) [Transferred from wvsd on 2/20/2020.] |
| Filing 20 NOTICE OF DEPOSITION by American Medical Systems, Inc. of Danielle Markle Price, M.D. on June 14, 2019 at 9:00 A.M. (Weil, Rachel) [Transferred from wvsd on 2/20/2020.] |
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Filing 19
ORDER re: #17 EMERGENCY MOTION by American Medical Systems, Inc. to Compel the Deposition of Plaintiffs' Expert Ralph Zipper, M.D.; Plaintiffs are directed to file their Response by 6/11/2019 and American Medical Systems, Inc. is directed to file its Reply by 6/13/2019; a telephonic hearing on the motion shall take place on Friday, 6/14/2019 at 3:00 p.m. EDT, before the undersigned United States Magistrate Judge. Signed by Magistrate Judge Cheryl A. Eifert on 6/7/2019. (cc: counsel of record; any unrepresented party) (st) [Transferred from wvsd on 2/20/2020.]
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| MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: #17 EMERGENCY MOTION by American Medical Systems, Inc. to Compel the Deposition of Plaintiffs' Expert Ralph Zipper, M.D. (ts) [Transferred from wvsd on 2/20/2020.] |
| Filing 18 MEMORANDUM OF LAW by American Medical Systems, Inc. in support of #17 EMERGENCY MOTION by American Medical Systems, Inc. to Compel the Deposition of Plaintiffs' Expert Ralph Zipper, M.D (Binis, Barbara) [Transferred from wvsd on 2/20/2020.] |
| Filing 17 EMERGENCY MOTION by American Medical Systems, Inc. to Compel the Deposition of Plaintiffs' Expert Ralph Zipper, M.D. (Attachments: #1 Proposed Order, #2 Exhibit A)(Binis, Barbara) [Transferred from wvsd on 2/20/2020.] |
| Filing 16 NOTICE OF VIDEOTAPED DEPOSITION by American Medical Systems, Inc. of Ralph Zipper, M.D. on July 26, 2019 at 9:00 A.M. (McConnell, Stephen) [Transferred from wvsd on 2/20/2020.] |
| Filing 15 CERTIFICATE OF SERVICE by Beverly Geraci, Gregory Geraci for Expert Disclosures. (Birkenbuel, Britt) [Transferred from wvsd on 2/20/2020.] |
| Filing 14 CERTIFICATE OF SERVICE by Beverly Geraci, Gregory Geraci for Requests for Admission to Defendant, Requests for Production to Defendant and Interrogatories. (Birkenbuel, Britt) [Transferred from wvsd on 2/20/2020.] |
| Filing 13 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Britt Alicia Birkenbuel on behalf of Beverly Geraci, Gregory Geraci. (Birkenbuel, Britt) [Transferred from wvsd on 2/20/2020.] |
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Filing 12
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.]
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| Filing 11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Britt Alicia Birkenbuel on behalf of Beverly Geraci, Gregory Geraci. (Birkenbuel, Britt) [Transferred from wvsd on 2/20/2020.] |
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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) (kp) (ADI) [Transferred from wvsd on 2/20/2020.]
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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") (lca) (ADI) [Transferred from wvsd on 2/20/2020.]
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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. Signed by Judge Joseph R. Goodwin on 3/16/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2325; Cases on inactive docket). (mek) (ADI) [Transferred from wvsd on 2/20/2020.]
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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. 4714 in MDL Case No. 2325 AMS. Signed by Judge Joseph R. Goodwin on 7/24/2017. (cc: attys; any unrepresented party) (kp) (ADI) [Transferred from wvsd on 2/20/2020.]
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| Filing 6 PLAINTIFF PROFILE FORM filed by Beverly Geraci, Gregory Geraci. (Kulesza, Karolina) [Transferred from wvsd on 2/20/2020.] |
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Filing 5
PRETRIAL ORDER # 223 (Order re: Production of Case-Specific Information For Certain AMS MDL Plaintiffs) It is directed as follows: A) Existing Cases pending as of October 10, 2016. This order applies to certain cases in MDL 2325 alleging claim(s) against AMS, as of 10/10/2016, and listed on Exhibit A. B) Plaintiff Fact Sheets, Authorizations and Documents. Plaintiffs identified on Exhibit A shall submit a full and complete PFS with verifications and the attached authorizations and the other documents identified herein to the individuals identified in Paragraph C by 11/21/2016, as more fully set forth herein. D) This PTO does not in any way relieve plaintiffs from their obligation to serve a Plaintiff Profile Form; and E) Any plaintiff who fails to comply with this PTO may be subject to a substantial sanction, including dismissal with prejudice. Signed by Judge Joseph R. Goodwin on 10/21/2016. (cc: Clerk of JPMDL; attys; any unrepresented party) (REF: MDL 2325; Cases Listed on Exhibit A) (kll) [Transferred from wvsd on 2/20/2020.]
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| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael J. Farrell on behalf of American Medical Systems, Inc.. (Farrell, Michael) [Transferred from wvsd on 2/20/2020.] |
| Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Erik W. Legg on behalf of American Medical Systems, Inc.. (Legg, Erik) [Transferred from wvsd on 2/20/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 198 (Order re: Qualified Settlement Fund AMS, Inc. & Mueller Law, PLLC) entered on 07/23/2015 in MDL 2325 to attorneys in member case. (Attachment: #1 Exhibit A) (kp) [Transferred from wvsd on 2/20/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-4053700. (Attachment: #1 Civil Cover Sheet) (mlh) [Transferred from wvsd on 2/20/2020.] |
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