Hefner et al v. Boston Scientific Corporation
| Harley Hefner II |
| Boston Scientific Corporation |
| M. Hugh Hefner and Brenda Evans Hefner |
| 2:2020cv00007 |
| February 21, 2020 |
| US District Court for the Northern District of West Virginia |
| Thomas S Kleeh |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 21, 2020. A more recent docket listing may be available from PACER.
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| Filing 54 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-18688. (njz) |
| Filing 53 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02326 - Boston Scientific Corporation. (Attachments: #1 Exhibit ECF 112 - Initial Case Management Conference Transcript held on 4.13.12, #2 Exhibit ECF 142 - Status Conference Transcript held on 5.24.12, #3 Exhibit ECF 161 - BSC PTO-11 - Stipulated Protective Order, #4 Exhibit ECF 169 - Status Conference Transcript held on 7.26.12, #5 Exhibit ECF 184 - BSC PTO-13 - Stipulation for the Production of Docs and Electronic Info, #6 Exhibit ECF 197 - Master Long Form Complaint, #7 Exhibit ECF 200 - BSC's Master Answer to Master Long Form Complaint, #8 Exhibit ECF 211 - BSC PTO-16 - Plaintiff Profile Forms, PFS and DFS, #9 Exhibit ECF 261 - Status Conference Transcript held on 12.6.12, #10 Exhibit ECF 280 - BSC PTO-29 - Revised SF Complaint and Amd SF Complaint, #11 Exhibit ECF 325 - Status Conference Transcript held on 2.7.13, #12 Exhibit ECF 386 - Status Conference Transcript held on 3.21.13, #13 Exhibit ECF 436 - Status Conference Transcript held on 5.23.13, #14 Exhibit ECF 501 - Bellwether Selection Presentation Transcript held on 8.1.13, #15 Exhibit ECF 522 - BSC PTO-53 - Amended Order re Delayed Filing and Application to the SOLs, #16 Exhibit ECF 543 - Status Conference Transcript held on 9.19.13, #17 Exhibit ECF 611 - Status Conference Transcript held on 12.4.13, #18 Exhibit ECF 614 - Motions Hearing Transcript heldECF 614 - Motions Hearing Transcript held on 12.12.13 on 12.12.13, #19 Exhibit ECF 646 - PTO-69 - Stipulated Protective Order re Nonparty Docs, #20 Exhibit ECF 684 - Motions Hearing Transcript held on 2.5.14, #21 Exhibit ECF 810 - Status Conference Transcript held on 5.22.14, #22 Exhibit ECF 882 - Status Conference Transcript held on 9.18.14, #23 Exhibit ECF 1012 - Pltf's Motion and Memo to Exclude Guerette, #24 Exhibit ECF 1038 - Status Conference Transcript held on 2.5.15, #25 Exhibit ECF 1147 - Status Conference Transcript held on 6.2.15, #26 Exhibit ECF 1502 - PTO-149 - Order re Production of Case-Specific Info for BSC MDL Pltfs, #27 Exhibit ECF 1636 - Status Conference Transcript held on 9.14.16, #28 Exhibit ECF 7153 - BSC PTO-196 - Docket Control Order - BSC Wave 5 Cases, #29 Exhibit ECF 4819 - BSC's Motion to Exclude Iakovlev, #30 Exhibit ECF 4959 - Pltf's Response to BSC's Motion to Exclude Iakovlev, #31 Exhibit ECF 6033 - Memo Opinion and Order re Daubert Motion re Iakovlev, #32 Exhibit ECF 7050 - Pltf's Notice of Adoption of Prior Daubert Response of Iakovlev, #33 Exhibit ECF 8079 - Pltf's Notice of Adoption of Prior Daubert Motion of Guerette for Wave 5, #34 Exhibit ECF 8069 - Pltf's NOA of Prior Daubert Mtn of Guerette for Wave 5, #35 Exhibit ECF 8148 - BSC's NOA of Prior Daubert Response of Guerette, #36 Exhibit ECF 8150 - BSC's NOA of Prior Daubert Response of Guerette, #37 Exhibit ECF 8080 - BSC's Notice of Adoption of Prior Daubert MTE Iakovlev, #38 Exhibit ECF 8109 - Pltf's NOA of Prior Daubert Response of Iakovlev for Wave 5, #39 Exhibit ECF 7018 - BSC's Notice of Adoption of Prior Daubert Motion to Exclude Pence, #40 Exhibit ECF 4815 - BSC's Motion to Exclude Pence, #41 Exhibit ECF 4968 - Pltf's Response in Opposition to Motion to Exclude Pence, #42 Exhibit ECF 7036 - Pltf's Notice of Adoption of Prior Daubert Response of Pence, #43 Exhibit ECF 7047 - Pltf's Notice of Adoption of Prior Daubert Response of Pence, #44 Exhibit ECF 8071 - BSC's Notice of Adoption of Prior Daubert MTE Pence, #45 Exhibit ECF 8111 - Pltf's NOA of Prior Daubert Response of Pence for Wave 5, #46 Exhibit ECF 4972 - Pltf's Memo in Opp to Deft's Motion to Exclude Mays, #47 Exhibit ECF 4805 - BSC's Memo of Law in Support of Testimony of Mays, #48 Exhibit ECF 7065 - Pltf's Notice of Adoption of Prior Daubert Response of Mays, #49 Exhibit ECF 7033 - Pltf's Notice of Adoption of Prior Daubert Response of Mays, #50 Exhibit ECF 7010 - BSC's Notice of Adoption of Prior Daubert Motion to Exclude Mays, #51 Exhibit ECF 8066 - BSC's Notice of Adoption of Prior Daubert MTE Mays, #52 Exhibit ECF 8119 - Pltf's NOA of Prior Daubert Response of Mays for Wave 5, #53 Exhibit ECF 4962 - Pltf's Opp to BSC's Motion to Exclude Blaivas, #54 Exhibit ECF 4822 - BSC's Motion to Exclude Blaivas, #55 Exhibit ECF 7042 - Pltf's Notice of Adoption of Prior Daubert Response re Blaivas, #56 Exhibit ECF 7002 - BSC's Notice of Adoption of Prior Daubert Motion re Blaivas, #57 Exhibit ECF 8085 - BSC's Notice of Adoption of Prior Daubert MTE Blaivas, #58 Exhibit ECF 8106 - Pltf's NOA of Prior Daubert Response of Blaivas for Wave 5, #59 Exhibit ECF 4807 - BSC's Motion to Limit Testimony of Veronikis, #60 Exhibit ECF 4964 - Pltf's Response and Memo in Opp to Motion to Exclude Veronikis, #61 Exhibit ECF 7012 - BSC's Notice of Adoption of Prior Daubert Motion to Exclude Veronikis, #62 Exhibit ECF 7039 - Pltf's Notice of Adoption of Prior Daubert Response re Veronikis, #63 Exhibit ECF 7045 - Pltf's Notice of Adoption of Prior Daubert Response re Veronikis, #64 Exhibit ECF 8083 - BSC's Notice of Adoption of Prior Daubert MTE Veronikis, #65 Exhibit ECF 8116 - Pltf's NOA of Prior Daubert Response of Veronikis for Wave 5, #66 Exhibit ECF 7175 - BSC's Reply in Support of Motion to Exclude Rosenzweig, #67 Exhibit ECF 7085 - Pltf's Response to BSC's MTE Rosenzweig, #68 Exhibit ECF 7011 - BSC's Motion to Exclude Rosenzweig, #69 Exhibit ECF 6039 - Memo Opinion and Order re Daubert Motion Rosenzweig, #70 Exhibit ECF 8084 - BSC's MTE Testimony of Rosenzweig, #71 Exhibit ECF 8117 - Pltf's Response in Opp to BSC's MTE Rosenzweig, #72 Exhibit ECF 4963 - Pltf's Response in Opposition to BSC's MTE Trepeta, #73 Exhibit ECF 4811 - BSC's Motion to Exclude Trepeta, #74 Exhibit ECF 7049 - Pltf's Notice of Adoption of Prior Daubert Response of Trepeta, #75 Exhibit ECF 7005 - BSC's Notice of Adoption of Prior Daubert MTE Trepeta, #76 Exhibit ECF 6050 - Memo Opinion and Order re Daubert Motion re Trepeta, #77 Exhibit ECF 8086 - BSC's Notice of Adoption of Prior Daubert MTE Trepeta, #78 Exhibit ECF 8113 - Pltf's NOA of Prior Daubert Response of Trepeta for Wave 5, #79 Exhibit ECF 4804 - BSC's Motion to Exclude Margolis, #80 Exhibit ECF 4960 - Pltf's Response in Opp to BSC's Motion to Exclude Margolis, #81 Exhibit ECF 6035 - Memo Opinion and Order re Daubert Motion re Margolis, #82 Exhibit ECF 6950 - Ethicon's Notice of Adoption of Prior Daubert of Margolis for BSC Wave 4, #83 Exhibit ECF 7017 - BSC's Notice of Adoption of Prior Daubert MTE Margolis, #84 Exhibit ECF 7032 - Pltf's Notice of Adoption of Prior Daubert Response of Margolis, #85 Exhibit ECF 7046 - Pltf's Notice of Adoption of Prior Daubert Response of Margolis, #86 Exhibit ECF 8087 - BSC's Notice of Adoption of Prior Daubert MTE Margolis, #87 Exhibit ECF 8110 - Pltf's NOA of Prior Daubert Response of Margolis for Wave 5, #88 Exhibit ECF 4818 - BSC's Motion to Exclude Galloway, #89 Exhibit ECF 4958 - Pltf's Opp to BSC's Motion to Exclude Galloway, MD, #90 Exhibit ECF 6031 - Memo Opinion and Order re Daubert Motion re Galloway, #91 Exhibit ECF 7008 - BSC's Notice of Adoption of Prior Daubert Motion to Exclude Galloway, #92 Exhibit ECF 7048 - Pltf's Notice of Adoption of Prior Daubert Response of Galloway, #93 Exhibit ECF 8067 - BSC's Notice of Adoption of Prior Daubert MTE Galloway, #94 Exhibit ECF 8107 - Pltf's NOA of Prior Daubert Response of Galloway for Wave 5, #95 Exhibit ECF 4821 - BSC's Motion to Exclude Ostergard, #96 Exhibit ECF 4961 - Pltf's Response to BSC's Motion to Partially Exclude Ostergard, #97 Exhibit ECF 6037 - Memo Opinion and Order re Daubert Motion re Ostergard, #98 Exhibit ECF 7016 - BSC's Notice of Adoption of Prior Daubert Motion to Exclude Ostergard, #99 Exhibit ECF 7035 - Pltf's Notice of Adoption of Prior Daubert Response of Ostergard, #100 Exhibit ECF 7051 - Pltf's Notice of Adoption of Prior Daubert Response of Ostergard, #101 Exhibit ECF 8081 - BSC's Notice of Adoption of Prior Daubert MTE Ostergard, #102 Exhibit ECF 8082 - BSC's Notice of Adoption of Prior Daubert MTE Ostergard, #103 Exhibit ECF 8120 - Pltf's NOA of Prior Daubert Response of Ostergard for Wave 5, #104 Exhibit ECF 8121 - Pltf's NOA of Prior Daubert Response of Ostergard for Wave 5, #105 Exhibit ECF 7067 - BSC's Notice of Adoption of Prior Daubert Response of Badylak, #106 Exhibit ECF 6984 - Pltf's Notice of Adoption of Prior Daubert Motion of Badylak, #107 Exhibit ECF 5033 - Pltf's Reply to Deft's Response to Motion to Exclude Badylak, #108 Exhibit ECF 4976 - BSC's Opp to Motion to Exclude Badylak, #109 Exhibit ECF 4826 - Pltf's Motion to Exclude Badylak, #110 Exhibit ECF 6041 - Memo Opinion and Order re Daubert Motion re Badylak, #111 Exhibit ECF 8077 - Pltf's Notice of Adoption of Prior Daubert of Badylak for Wave 5, #112 Exhibit ECF 8142 - BSC's Notice of Adoption of Prior Daubert Response of Badylak, #113 Exhibit ECF 5034 - Pltf's Reply to Deft's Response to Motion to Exclude Little, #114 Exhibit ECF 4979 - BSC's Response in Opp to Motion to Exclude Little, #115 Exhibit ECF 4825 - Pltf's Motion to Exclude Little, #116 Exhibit ECF 7066 - BSC's Notice of Adoption of Prior Daubert Response Little, #117 Exhibit ECF 6995 - Pltf's Notice of Adoption of Prior Daubert Mtn of Little, #118 Exhibit ECF 6044 - Order re Daubert Motion re Dr. Little, #119 Exhibit ECF 8088 - Pltf's Notice of Adoption of Prior Daubert Motion of Little for Wave 5, #120 Exhibit ECF 8141 - BSC's Notice of Adoption of Prior Daubert Response of Little, #121 Exhibit ECF 7004 - Pltf's Motion to Exclude Spiegelberg, #122 Exhibit ECF 7088 - BSC's Response in Opp to Motion to Exclude Spiegelberg, #123 Exhibit ECF 7160 - Pltf's Reply in Support of Motion to Exclude Spiegelberg, #124 Exhibit ECF 6049 - Order re Daubert Motion re Spiegelberg, #125 Exhibit ECF 4827 - Pltf's MTE Spiegelberg and Memo in Support, #126 Exhibit ECF 4969 - Response in Opp to Pltf's MTE Spiegelberg, #127 Exhibit ECF 5031 - Pltf's Reply in Support of Motion to Exclude Spiegelberg, #128 Exhibit ECF 8076 - Pltf's NOA of Prior Daubert Mtn of Spiegelberg for Wave 5, #129 Exhibit ECF 8149 - BSC's NOA of Prior Daubert Response of Spiegelberg, #130 Exhibit ECF 4971 - Memo in Opp to Pltf's Motion to Exclude Rice, #131 Exhibit ECF 4830 - Pltf's Combined Motion and Memo to |
Filing 52
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 2/21/2020 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 2/20/2020 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 02/07/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (kew) [Transferred from West Virginia Southern on 2/21/2020.]
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Filing 51
ORDER granting #29 MOTION by Harley Hefner II for Leave to Substitute Parties; directing the Clerk to substitute Harley Hefner, II as Executor of the Estate of Harley Hefner for plaintiff Harley Hefner, deceased; the plaintiffs should appear on the case style as: Harley Hefner, II Executor of the Estate of Betty Hefner; and plaintiff, Harley Hefner, II Executor of the Estate of Harley Hefner. Signed by Judge Joseph R. Goodwin on 1/13/2020. (cc: counsel of record; any unrepresented party) (st) [Transferred from West Virginia Southern on 2/21/2020.]
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Filing 50
ORDER directing that counsel for plaintiffs and defendants on Exhibit A attend a status conference before the court on 1/31/2020, at 9:00 a.m. in Charleston at the Robert C. Byrd United States Courthouse, Room 6600. Signed by Judge Joseph R. Goodwin on 12/9/2019. (cc: counsel of record; any unrepresented party) (st) [Transferred from West Virginia Southern on 2/21/2020.]
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| Filing 49 MEMORANDUM by Boston Scientific Corporation in opposition to #42 MOTION by Harley Hefner II to Exclude Opinions of Dr. Steven Maislos, M.D. and Memorandum of Law in Support (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Anielak, Eric) (Modified on 5/29/2019 to remove exhibits in support event) (mk). [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 48 MEMORANDUM by Harley Hefner II in opposition to #45 MOTION by Boston Scientific Corporation to Exclude Causation Opinions of Donald Ostergrad, M.D. (Cunningham, Merritt) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 47 MEMORANDUM by Betty Hefner, Harley Hefner, Harley Hefner II in opposition to #44 MOTION by Boston Scientific Corporation for Summary Judgment (Cunningham, Merritt) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 46 MEMORANDUM by Betty Hefner, Harley Hefner, Harley Hefner II in opposition to #41 MOTION by Boston Scientific Corporation for Summary Judgment Based on Statute of Limitations (Attachments: #1 Exhibit A. Deposition P. Edgerton, #2 Exhibit B. Deposition H. Herner, #3 Exhibit C. Affidavit)(Cunningham, Merritt) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 45 MOTION by Boston Scientific Corporation to Exclude Causation Opinions of Donald Ostergrad, M.D. and Memorandum in Support (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Anielak, Eric) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 44 MOTION by Boston Scientific Corporation for Summary Judgment and Memorandum in Support (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Strongman, Jon) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 43 MEMORANDUM OF LAW by Harley Hefner II in support of #42 MOTION by Harley Hefner II to Exclude Opinions of Steven Maislos, M.D. (Cunningham, Merritt) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 42 MOTION by Harley Hefner II to Exclude Opinions of Dr. Steven Maislos, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Cunningham, Merritt) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 41 MOTION by Boston Scientific Corporation for Summary Judgment and Memorandum in Support (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Strongman, Jon) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 40 NOTICE OF VIDEOTAPED DEPOSITION by Harley Hefner II of STEVEN MAISLOS on April 28, 2019 at 3:00 p.m. CDT (Cunningham, Merritt) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 39 NOTICE OF DEPOSITION by Boston Scientific Corporation of Friends and Family on TBD at TBD (Tanenbaum, Michael) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 38 NOTICE OF DEPOSITION by Boston Scientific Corporation of Faye Williams on TBD at TBD (Tanenbaum, Michael) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 37 NOTICE OF DEPOSITION by Boston Scientific Corporation of Terry Hefner on TBD at TBD (Tanenbaum, Michael) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 36 NOTICE OF DEPOSITION by Boston Scientific Corporation of Randy Hefner on TBD at TBD (Tanenbaum, Michael) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 35 NOTICE OF VIDEOTAPED DEPOSITION by Boston Scientific Corporation of Dr. Donald Ostergard on March 29, 2019 at 9:00 am MDT (Strongman, Jon) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 34 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Peter Edgerton on March 19, 2019 at 2:00 p.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 33 CERTIFICATE OF SERVICE by Harley Hefner II for Designation and Disclosure of General and Case-Specific Witnesses. (Cunningham, Merritt) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 32 NOTICE OF APPEARANCE by Sean J. Sawyer on behalf of Betty Hefner. (Sawyer, Sean) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 31 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Harley Hefner on February 18, 2019 at 10:00 a.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 30 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Responses to Interrogatories, Request for Production and Request for Admissions. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 29 MOTION by Harley Hefner II for Leave to Substitute Parties (Attachment: #1 Exhibit A)(Cunningham, Merritt) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 28 SUGGESTION OF DEATH UPON THE RECORD/STATEMENT NOTING A PARTY'S DEATH as to Harley Hefner by Harley Hefner II (Cunningham, Merritt) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 27 CERTIFICATE OF SERVICE by Harley Hefner II for Responses to Defendant's First Interrogatories and Requests for Production. (Cunningham, Merritt) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 26 CERTIFICATE OF SERVICE by Harley Hefner II for Interrogatories, Requests for Production and Requests for Admissions. (Cunningham, Merritt) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 25 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Interrogatories and Request for Production. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 24 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Harley Hefner on February 18, 2019 at 2:00 p.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 23 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Peter Edgerton on January 23, 2019 at 10:00 a.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 22 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Plaintiff Fact Sheet Deficiency Letter. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 21 PLAINTIFF FACT SHEET filed by Harley Hefner II. (Cunningham, Merritt) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 20 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael A. Tanenbaum on behalf of Boston Scientific Corporation. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 19 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by James H. Keale on behalf of Boston Scientific Corporation. (Keale, James) [Transferred from West Virginia Southern on 2/21/2020.] |
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Filing 18
PRETRIAL ORDER # 196 (Docket Control Order - Boston Scientific Corp. Wave 5 Cases) The cases on Exhibits 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 Boston Scientific Corporation, 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 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 BSC Wave 5 cases: Plaintiff Fact Sheets due 11/15/2018; Defendant Fact Sheets due 11/22/2018; Deadline for written discovery requests due 12/21/2018; Expert disclosures served by plaintiffs due 02/22/2019; Expert disclosure served by defendants due 03/22/2019; Expert disclosure served for rebuttal due 03/29/2019; Deposition deadline and close of discovery due 04/29/2019; Filing of dispositive motions due 05/13/2019; Response to dispositive motions due 05/27/2019; Reply to response to dispositive motions due 06/03/2019; Filing of Daubert motions due 05/13/2019; Responses to Daubert motions due 05/27/2019; Reply to response to Daubert motions due 06/03/2019. B. MOTION PRACTICE. 3.) Confidential Documents. Any consolidated motion to seal is due on or before 03/25/2019, and any response is due by 04/09/2019. Any reply is due by 04/15/2019. The court expects full compliance with Local Civil Rule 26.4(c). C. CASES READY FOR TRANSFER, REMAND OR TRIAL 1.) Venue Recommendations. By no later than 04/06/2019, 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 04/13/2019. Signed by Judge Joseph R. Goodwin on 10/31/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2326; BSC Wave 5 cases identified on Exhibits A and B) (mek) (ADI) [Transferred from West Virginia Southern on 2/21/2020.]
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Filing 17
ORDER The deadline to submit joint motions of dismissal is extended to 10/31/2018 for all cases in MDL 2326 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2326 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 2326; Cases on inactive docket) (mek) (ADI) [Transferred from West Virginia Southern on 2/21/2020.]
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Filing 16
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 Boston 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 Boston 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 2326; Member Cases Flagged "Closed" and "MDL Boston Inactive") (ts) (ADI) [Transferred from West Virginia Southern on 2/21/2020.]
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Filing 15
ORDER The deadline to submit joint motions of dismissal is extended to 8/31/2018 for all cases in MDL 2326 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2326 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 2326; Cases on inactive docket) (klc) (ADI) [Transferred from West Virginia Southern on 2/21/2020.]
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Filing 14
ORDER The deadline to submit joint motions of dismissal is extended to 3/31/2018 for all cases in MDL 2326 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2326 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 10/19/2017. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases on inactive docket) (st) [Transferred from West Virginia Southern on 2/21/2020.]
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Filing 13
INACTIVE DOCKET ORDER: The court has been advised that the plaintiff(s) and Boston Scientific Corporation have reached a settlement with regard to BSC. 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 BSC may submit an agreed order of dismissal with prejudice on or before 11/2/2017; 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. 2788 in MDL Case No. 2326 Boston. Signed by Judge Joseph R. Goodwin on 5/5/2017. (cc: attys; any unrepresented party) (hkl) [Transferred from West Virginia Southern on 2/21/2020.]
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| Filing 12 AMENDED SHORT FORM COMPLAINT filed by Betty Hefner, Harley Hefner, Harley Hefner II against Boston Scientific Corporation. (mek) [Transferred from West Virginia Southern on 2/21/2020.] |
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Filing 11
ORDER granting #7 MOTION by Betty Hefner, Harley Hefner for Leave to Substitute Parties and File Amended Complaint; the Clerk is DIRECTED to file the amended complaint on the docket as of the date of this Order, and to substitute "Harley Hefner II as Executor of the Estate of Betty Hefner, deceased" for plaintiff Betty Hefner; the consortium claim of Harley Hefner remains; the plaintiffs should appear on the case style as: Plaintiff: Harley Hefner II, Executor of the Estate of Betty Hefner, deceased, and Plaintiff: Harley Hefner. Signed by Judge Joseph R. Goodwin on 6/14/2016. (cc: counsel of record; any unrepresented party) (mek) [Transferred from West Virginia Southern on 2/21/2020.]
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Filing 10
ORDER The #9 (AMENDED) MOTION by Betty Hefner, Harley Hefner to Substitute Exhibit in the #7 MOTION for Leave to Substitute Parties and File Amended Complaint is GRANTED as construed; and the #8 MOTION by Betty Hefner, Harley Hefner to Substitute Exhibit in the #7 MOTION for Leave to Substitute Parties and File Amended Complaint is DENIED AS MOOT; the Clerk is DIRECTED to replace ECF No. 7-2 with the document at ECF No. 9-1. Signed by Judge Joseph R. Goodwin on 5/18/2016. (cc: counsel of record; any unrepresented party) (ts) [Transferred from West Virginia Southern on 2/21/2020.]
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| Filing 9 (AMENDED) MOTION by Betty Hefner, Harley Hefner to Substitute Exhibit in the #7 MOTION by Betty Hefner, Harley Hefner for Leave to Substitute Parties and File Amended Complaint (Attachment: #1 Exhibit A - Letter of Administration, #2 Proposed Order) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 8 MOTION by Betty Hefner, Harley Hefner to Substitute Exhibit in the #7 MOTION by Betty Hefner, Harley Hefner for Leave to Substitute Parties and File Amended Complaint (Attachment: #1 Exhibit A - Letter of Administration)(Cunningham, Merritt) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 7 MOTION by Betty Hefner, Harley Hefner for Leave to Substitute Parties and File Amended Complaint (Attachments: #1 Proposed Amended Complaint, #2 Estate Letter, #3 Proposed Order)(Cunningham, Merritt). (Attachment 2 replaced on 5/18/2016) (skh). (Modified on 5/18/2016 to remove and replace attachment #2 pursuant to the #10 order) (skh). [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 6 SUGGESTION OF DEATH UPON THE RECORD as to Betty Hefner by Betty Hefner, Harley Hefner (Cunningham, Merritt) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 5 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon A. Strongman on 8/21/2013. Boston Scientific Corporation waiver mailed on 7/24/2013, answer due 9/23/2013. (Strongman, Jon) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jon A. Strongman on behalf of Boston Scientific Corporation. (Strongman, Jon) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Bonasso on behalf of Boston Scientific Corporation. (Bonasso, Michael) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 49 (Order re: Termination of parties no longer named in Short Form and Amended Short Form Complaints) entered on 06/10/2013 in MDL 2326 to attorneys in member case. (jap) [Transferred from West Virginia Southern on 2/21/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2534778. (Attachment: #1 Civil Cover Sheet) (ham) [Transferred from West Virginia Southern on 2/21/2020.] |
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