Hellerstein v. Boston Scientific Corporation et al
Betty Masch, Connie Hofer, Hilda Lopez, Kimberly K. Durst, Beatrice Quezeda, Angela Schwartz, Tari Eaglen, Gloria E. Schuetts, Diane Perkins, Susan Baron, Beverly Sedillo, Laura Bressler Whitehurst, Toni Hostuttler, Cynthia Schnell, Debbie Garland, Ana Crespo, Reta A. Jones, Wilma Dandridge, Olga Douros, Kelly Glaser, Maria Medina, Krista Murray, Cynthia Johnson, Arlene Brooks, Tania Diaz, Paula Peltonovich, Betty Jo Streeter, Juliana Garcia, Heather Balius, Belinda Simon, Katherine Shortsleeve, Norma Alvarez, Valerie A. Branche, Heidi James, Angela McDaniel, Mary Kennedy, Nancy Gaines, Jean B. Couch, Ella Bourg, Shelah C. Smith, Ruby Flores, Erica Venzor, Kimberly Ward, Lisa D. Powell, Nancy Showalter, April Weinert, Sharon Louise Horvatin, Roberta Pfeifer, Erica Parker, Cynthia Harrison, Patricia A. Dalrymple, Robin Zambetti, Sandra Bailon, Dawn Brown, Yolanda Pleasants, Rochelle Scott, Brenda Thompson, Frances Yournett, Henrietta Allman, Donna Webb, Kristina Graham, Deborah Eileen Anderson, Graciela Enriquez, Teresa Cash, Melissa Lohr, Natalie Wakefield, Judy Rogers, Bertha Gossett, Beatrice Chatham, Melinda Aposhian, Diane Martin, Pamela Short, Vida Benefield, Katrina Kleinman, Dalia Ruiz, Gentsy Roberson, Arlene Figueroa, Crystal Baker, Lynn M. Perry, Teresa Wilson, Lori D. Volle, Kimberlee Guerrero, Alice Miller, Tammy Drone, Gloria Ann Henry, Barbara Reid, Linda Chiarenza, Wilma Hill, Karen Hellerstein, Marilu Diaz, Alana Carter, Leslie Morris, Pauline J. Antonucci, Judith Badillo, Heather Boggs, Leslie Anderson, Elvia Benavidez, Cindy M. Machi, Cherill McCalla, Anna M. Groth, Sharon Monosmith, Betty Seabolt, Loretta Berrios, Georgianna McVay, Marjorie Lind, Clare Morton, Kathy Wright, Lorraine Barry, Robin Roberts, Tammy Vincent, Ramona Kilpatrick, Sonia Ramirez, Donna M. Lupinski, Sandra Curl and Linda Flores |
Astora Women's Health, Inc., Boston Scientific Corporation, Doe Manufacturers, Astora Women's Health LLC, Astora Womens Health Holdings, LLC, Endo Health Solutions Inc., American Medical Systems, Inc., Endo Pharmaceuticals Inc., American Medical Systems Holdings, Inc., American Medical Systems, LLC and Astora Holdings, LLC |
2:2017cv03345 |
June 20, 2017 |
US District Court for the Southern District of West Virginia |
Charleston Office |
XX US, Outside State |
Joseph R Goodwin |
Personal Inj. Prod. Liability |
28 U.S.C. § 1332 |
Plaintiff |
Docket Report
This docket was last retrieved on February 27, 2019. A more recent docket listing may be available from PACER.
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Filing 27 NOTICE OF ATTORNEY APPEARANCE by Jon A. Strongman on behalf of Boston Scientific Corporation. (Strongman, Jon) |
Filing 26 ORDER (Dismissing Defendant American Medical Systems, Inc. with Prejudice and Transferring Cases to MDL 2326) Directing that 1.) the Joint Motion to Dismiss AMS with Prejudice filed in MDL 2325 is GRANTED; 2.) the Motion to Transfer MDLs filed in MDL 2325 is GRANTED; 3.) the AMS defendants are DISMISSED WITH PREJUDICE from the actions listed in Exhibit A; 4.) the actions are TRANSFERRED to MDL 2326; and, 5.) the plaintiffs are directed to file the proper Amended Short Complaint, if applicable, in the individual member case within 14 days of entry of this order. The Clerk is DIRECTED to 1.) dismiss the AMS defendants from the individual civil actions with prejudice; and 2.) transfer the cases to MDL 2326, and if a case has a Wave flag set from the Omnibus Order, then change the Wave flag to the appropriate Wave flag. Signed by Judge Joseph R. Goodwin on 2/25/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2325; Cases Listed on Exhibit A) (mek) |
Filing 25 STIPULATION OF SETTLEMENT BETWEEN CERTAIN PARTIES by American Medical Systems, Inc., American Medical Systems, LLC, Astora Womens Health LLC, Astora Womens Health Holdings, LLC, Astora Womens Health, Inc., American Medical Systems Holdings, Inc., Astora Holdings, LLC, Endo Pharmaceuticals Inc., Endo Health Solutions Inc., Karen Hellerstein (Binis, Barbara) (Modified on 7/12/2018 to add party filers)(rmc) |
Filing 24 PRETRIAL ORDER # 255 (Amended Docket Control Order American Medical Systems Inc. Wave 3 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 249. 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 3 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 2325; AMS Wave 3 Cases) (pma) |
Filing 23 PRETRIAL ORDER # 249 (Docket Control Order - American Medical Systems Inc. Wave 3 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING AMERICAN MEDICAL SYSTEMS, INC. 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 3 cases") becomes subject to the deadlines in this Docket Control Order. For any case(s) in the American Medical Systems, Inc. MDL with a Covidien Wave 1 flag, the stay on the flagged Covidien Wave 1 case is lifted and the Covidien Wave 1 case is incorporated in the American Medical Systems, Inc., Wave 3 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 3 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 3 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 2325; AMS Wave 3 Cases Listed on Exhibit A) (brn) |
Filing 22 ORDER OF SEVERANCE Directing that the complaint of each and every plaintiff, except for the first named plaintiff and any derivative plaintiff with a claim for loss of consortium, is hereby DISMISSED without prejudice. Signed by Judge Joseph R. Goodwin on 12/14/2017. (cc: counsel of record; any unrepresented party) (mek) |
Filing 21 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael J. Farrell on behalf of American Medical Systems, Inc.. (Farrell, Michael) |
Filing 20 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Erik W. Legg on behalf of American Medical Systems, Inc.. (Legg, Erik) |
Filing 19 PRETRIAL ORDER # 245 (Initial Order Regarding Severance of Actions) The Court finds that multiple plaintiff complaints should be severed; the filing of individual severed complaints is directed as set forth more fully herein and on Exhibits A and B; except for the first named and derivative plaintiff(s) and any plaintiff(s) who object, the remaining plaintiffs in the case listed on Exhibit A will be dismissed without prejudice on/around 7/14/2017; objections to this PTO due on/by 7/10/2017. Signed by Judge Joseph R. Goodwin on 6/26/2017. (Attachment: #1 Exhibits A-B) (cc: Clerk of the JPMDL; attys) (REF: MDL 2325; 2:17-cv-03345 Hellerstein et al) (ts) |
Filing 18 TRANSMITTED PRETRIAL ORDER # 244 (Order Re: Fee Committee Protocol) entered on 06/23/2017 in MDL 2325 to attorneys in member case. (Attachments: #1 Exhibits 1-4) (hkl) |
Filing 17 CASE TRANSFERRED IN from the California Central; Case Number 2:17-cv-04129. Original file certified copy of transfer order and docket sheet received. |
Filing 16 Conditional Transfer Order - 220 from the United States Judicial Panel on Multidistrict Litigation, MDL 2325, transferring case to USDC, Southern District of West Virginia and assigned to Honorable Joseph R. Goodwin. Case transferred electronically. (MD JS-6. Case Terminated.) (iva) [Transferred from California Central on 6/21/2017.] |
Filing 15 ORDER by Judge Jesus G. Bernal GRANTING Joint Stipulation #13 Regarding Briefing Schedule for Defendant Boston Scientific Corporation's MOTION to Dismiss #12 : The briefing schedule as to Boston Scientifics Motion to Dismiss will be as follows: Deadline to File Opposition: June 29, 2017; Deadline to File Reply: July 14, 2017; Hearing Date for this Action: July 31, 2017 at 9:00am. IT IS SO ORDERED. (ad) [Transferred from California Central on 6/21/2017.] |
Filing 14 STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (ima) [Transferred from California Central on 6/21/2017.] |
Filing 13 STIPULATION for Extension of Time to File filed by defendant Boston Scientific Corporation. (Attachments: #1 Proposed Order)(Montenegro, Mayela) [Transferred from California Central on 6/21/2017.] |
Filing 12 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint filed by defendant Boston Scientific Corporation. Motion set for hearing on 7/31/2017 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order) (Montenegro, Mayela) [Transferred from California Central on 6/21/2017.] |
Filing 11 NOTICE of Appearance filed by attorney Mayela Carmen Montenegro on behalf of Defendant Boston Scientific Corporation (Attorney Mayela Carmen Montenegro added to party Boston Scientific Corporation(pty:dft))(Montenegro, Mayela) [Transferred from California Central on 6/21/2017.] |
Filing 10 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05-Related Case- filed. Related Case No: 5:13-cv-00345 JGB(SPx). Case transferred from Judge Dale S. Fischer and Magistrate Judge Steve Kim to Judge Jesus G. Bernal and Magistrate Judge Sheri Pym for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:17-cv-04129 JGB(SPx). Signed by Judge Jesus G. Bernal (rn) [Transferred from California Central on 6/21/2017.] |
Filing 9 NOTICE of Related Case(s) filed by Defendants American Medical Systems Holdings, Inc., American Medical Systems Inc, American Medical Systems, LLC, Astora Holdings, LLC, Astora Womens Health Holdings, LLC, Astora Womens Health LLC, Astora Womens Health, Inc, Endo Health Solutions, Inc., Endo Pharmaceuticals, Inc.. Related Case(s): 2:17-cv-4121-ODW-JEM, 2:17-cv-4125-GW-JPR, 2:17-cv-4119-DSF-AFM, 2:17-cv-04139-JAK-JPR (Sung, Natasha) [Transferred from California Central on 6/21/2017.] |
Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) [Transferred from California Central on 6/21/2017.] |
Filing 7 NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and Magistrate Judge Steve Kim. (et) [Transferred from California Central on 6/21/2017.] |
CONFORMED FILED COPY OF COMPLAINT against Defendants American Medical Systems Inc, Doe Manufacturers one through one hundred. Jury Demanded., filed by All Plaintiffs [FILED IN STATE COURT ON 1/18/2017 SUBMITTED ATTACHED TO NOTICE OF REMOVAL AS ATTACHMENT #1] (et) [Transferred from California Central on 6/21/2017.] |
CONFORMED FILED COPY OF FIRST AMENDED COMPLAINT against Defendants American Medical Systems Holdings, Inc., American Medical Systems Inc, American Medical Systems, LLC, Astora Holdings, LLC, Astora Womens Health Holdings, LLC, Astora Womens Health LLC, Astora Womens Health, Inc, Boston Scientific Corporation, Doe Manufacturers one through one hundred, Endo Health Solutions, Inc., Endo Pharmaceuticals, Inc. amending Complaint - (Discovery),, filed by All Plaintiffs [FILED IN STATE COURT ON 5/2/2017 SUBMITTED ATTACHED TO NOTICE OF REMOVAL AS ATTACHMENT #4](et) [Transferred from California Central on 6/21/2017.] |
CONFORMED FILED COPY OF ANSWER to First Amended Complaint,, filed by Defendants American Medical Systems Holdings, Inc., American Medical Systems Inc, American Medical Systems, LLC, Astora Holdings, LLC, Astora Womens Health Holdings, LLC, Astora Womens Health LLC, Astora Womens Health, Inc, Endo Health Solutions, Inc., Endo Pharmaceuticals, Inc. [FILED IN STATE COURT ON 6/1/2017 SUBMITTED ATTACHED TO NOTICE OF REMOVAL AS ATTACHMENT #3](et) [Transferred from California Central on 6/21/2017.] |
Filing 6 PROOF OF SERVICE filed by Defendants American Medical Systems Holdings, Inc., American Medical Systems Inc, American Medical Systems, LLC, Astora Holdings, LLC, Astora Women's Health Holdings, LLC, Astora Women's Health LLC, Astora Women's Health, Inc., Endo Health Solutions, Inc., Endo Pharmaceuticals, Inc., re Notice of Related Case(s), #5 , Civil Cover Sheet (CV-71), #2 , Certificate/Notice of Interested Parties, #4 , Declaration,, #3 , Notice of Removal (Attorney Civil Case Opening),,,, #1 were served on June 2, 2017. (Sung, Natasha) [Transferred from California Central on 6/21/2017.] |
Filing 5 NOTICE of Related Case(s) filed by Defendants American Medical Systems Holdings, Inc., American Medical Systems Inc, American Medical Systems, LLC, Astora Holdings, LLC, Astora Women's Health Holdings, LLC, Astora Women's Health LLC, Endo Health Solutions, Inc., Endo Pharmaceuticals, Inc.. (Sung, Natasha) [Transferred from California Central on 6/21/2017.] |
Filing 4 NOTICE of Interested Parties filed by Defendants American Medical Systems Holdings, Inc., American Medical Systems Inc, American Medical Systems, LLC, Astora Holdings, LLC, Astora Women's Health Holdings, LLC, Astora Women's Health LLC, Astora Women's Health, Inc., Endo Health Solutions, Inc., Endo Pharmaceuticals, Inc., (Sung, Natasha) [Transferred from California Central on 6/21/2017.] |
Filing 3 DECLARATION of David Stanley re Notice of Removal (Attorney Civil Case Opening),,,, #1 filed by Defendants American Medical Systems Holdings, Inc., American Medical Systems Inc, American Medical Systems, LLC, Astora Holdings, LLC, Astora Women's Health Holdings, LLC, Astora Women's Health LLC, Astora Women's Health, Inc., Endo Health Solutions, Inc., Endo Pharmaceuticals, Inc.. (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, #10 Exhibit 10)(Sung, Natasha) [Transferred from California Central on 6/21/2017.] |
Filing 2 CIVIL COVER SHEET filed by Defendants American Medical Systems Holdings, Inc., American Medical Systems Inc, American Medical Systems, LLC, Astora Holdings, LLC, Astora Women's Health Holdings, LLC, Astora Women's Health LLC, Astora Women's Health, Inc., Endo Health Solutions, Inc., Endo Pharmaceuticals, Inc.. (Sung, Natasha) [Transferred from California Central on 6/21/2017.] |
Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number BC647072 Receipt No: 0973-19955411 - Fee: $400, filed by Defendants American Medical Systems, LLC, Endo Pharmaceuticals, Inc., Astora Women's Health LLC, Astora Women's Health, Inc., American Medical Systems Holdings, Inc., Endo Health Solutions, Inc., American Medical Systems Inc, Astora Holdings, LLC, Astora Women's Health Holdings, LLC. (Attachments: #1 Complaint, #2 Civil Cover Sheeet, #3 Answer, #4 First Amended Complaint) (Attorney Natasha Sung added to party American Medical Systems Holdings, Inc.(pty:dft), Attorney Natasha Sung added to party American Medical Systems Inc(pty:dft), Attorney Natasha Sung added to party American Medical Systems, LLC(pty:dft), Attorney Natasha Sung added to party Astora Holdings, LLC(pty:dft), Attorney Natasha Sung added to party Astora Women's Health Holdings, LLC(pty:dft), Attorney Natasha Sung added to party Astora Women's Health LLC(pty:dft), Attorney Natasha Sung added to party Astora Women's Health, Inc.(pty:dft), Attorney Natasha Sung added to party Endo Health Solutions, Inc.(pty:dft), Attorney Natasha Sung added to party Endo Pharmaceuticals, Inc.(pty:dft))(Sung, Natasha) [Transferred from California Central on 6/21/2017.] |
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