Neiman v. Boston Scientific Corporation

Plaintiff: Patricia Neiman
Defendant: Boston Scientific Corporation
Case Number: 2:2017cv02995
Filed: May 20, 2017
Court: US District Court for the Southern District of West Virginia
Office: Charleston Office
County: XX US, Outside State
Presiding Judge: Joseph R Goodwin
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 5, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 5, 2019 Filing 12 ORDER (Dismissing Defendant without Prejudice) granting the Joint Motion to Dismiss without Prejudice filed in MDL 2326; the BSC defendant is DISMISSED WITHOUT PREJUDICE from the action(s) listed on the attached Exhibit(s) A; and if there are no remaining defendants in a civil action, then (a) that civil action is dismissed and stricken from the docket and (b) any pending motions are DENIED as moot. Signed by Judge Joseph R. Goodwin on 4/5/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases on the attached Exhibit(s)) (lca) (ADI)
February 4, 2019 Filing 11 PRETRIAL ORDER # 202 (Docket Control Order - Boston Scientific Corporation Wave 6 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 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 (hereinafter referred to as "Wave 6 cases") becomes subject to the deadlines in this Docket Control Order.; and 4. The following deadlines immediately apply in all BSC Wave 6 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 Ethicon Wave 6 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 2326; BSC Wave 6 cases identified on Exhibits A and B) (mek) (ADI)
August 15, 2018 Filing 10 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) (ts) (ADI)
May 4, 2018 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 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") (brn) (ADI)
March 23, 2018 Filing 8 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) (lca) (ADI)
November 6, 2017 Filing 7 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 3/31/2018; 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. 4512 in MDL Case No. 2326 Boston. Signed by Judge Joseph R. Goodwin on 11/6/2017. (cc: attys; any unrepresented party) (brn)
September 15, 2017 Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Bonasso on behalf of Boston Scientific Corporation. (Bonasso, Michael)
July 12, 2017 Filing 5 PLAINTIFF PROFILE FORM filed by Patricia Neiman. (Mostyn, J.)
May 31, 2017 Filing 4 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon A. Strongman on 5/26/2017. Boston Scientific Corporation waiver mailed on 5/25/2017, answer due 7/24/2017. (Strongman, Jon)
May 31, 2017 Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jon A. Strongman on behalf of Boston Scientific Corporation. (Strongman, Jon)
May 23, 2017 Filing 2 TRANSMITTED PRETRIAL ORDER # 163 (Order Establishing Qualified Settlement Fund and Appointing Administrator - Lockridge Grindal) entered on 05/12/2017 in MDL 2326 to attorneys in member case. (hkl)
May 20, 2017 Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-5633161. (Attachment: #1 Civil Cover Sheet) (bw)

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Plaintiff: Patricia Neiman
Represented By: J. Steven Mostyn
Represented By: Mark C. Sparks
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Defendant: Boston Scientific Corporation
Represented By: Jon A. Strongman
Represented By: Michael Bonasso
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