Jones v. American Medical Systems, Inc. et al
| Susanne A. Terrill, Shirley Desalvo, Penny Hustead, Christine Brown, Susan Dennis, Marlene Hitchens, Mary Sellers, Kaye Turner, Barbara Stubblefield, Lisa Bunch, Sandra Foster, Laura Engellant Voegele, Barbara Miranda, Patty Jouett, Donna Holt, Clara J. Pressley, Donna Kestler, Janine Parnell, Helen Gaye Murrary, Shirley Guthrie, Robin N. McClellan, Deborah Howard, Rosa McMillen, Carmela Quartararo, Margaret Palmer, Eddie R. Robbins, Linda Bowden, Betty Howard, Judith Simmons, Melodie E. Estes, Judith Webster, Toni Shiver, Juanita Whittington, Mary Wolf, Janet Morris, Diane Landreth, Kathleen Bigler, Marcia Dixon, Justina Tango, Annie Bowens Scott, Shirely Schapmire, Judy A. Reid, Heather Jean Ducksworth, Recurreccion Martinez, Teresa Mathis, Joan Porch, Maria Tovar, Peggy A. Gunter, Linda Jean Dishno, Celia Estrada, Sherrie S. Foley, Judith Hartle, Carolyn Green, Judith Jordan, Peggy Lowe, Gladis Elena Lopez, Mary Anne Harlan, Bonita Fairchild, Mary Sue Booth, Carmen C. Sintron Casillas, Ellen Cross, June Ulrich, Mary Christensen, Brenda Story, Linda Barnett, Elsie Nickles, Mickey Gowler, Aldeena Lopez, Isabelle Walsh, Marsha Kavanagh, Andrea Adam Owens, Sharon Lynn Hardwick, Yvonne Gioka, Helen McCollum, Berthalene Sullivan, Joan Madden, Wanda Taylor, Katherine C. Bergelt, Cheryl Carr, Debbie A. Ernst, Wanda Waldon, Deborah Juarascio, Barbara Devore, Mary Hewett, Bonnie Curley, Debra Bird, Joretta Black, Patricia Ward, Cinda Tyler, Betty Dehaven, Alice Jane Eaton, Linda Schutzer, Rosemary Ragsdell, Debra McFalls, Bernice S. Owens, Tammy Sue Brown, Barbara E. Tracey, Yvonne Cicero, Deborah Jones, Karen Keene, Sara Johnston, Barbara Wiley, Christine Bachmann, Patricia Shea, Cathryn Gordon, Sherry Corbin, Deborah Preville, Tempie Pierce, Sandra Agrella, Marilyn Miller, Mary Martin, Barbara Phillips, Susan Herbert, Amy Jones, Connie Payne, Helen B. Austin, Barbara Zellers, Sally M. Biron, Darlene A. Dean, Julie McCarty, Gladys Morales, Kim Lovell and Madonna Watermon |
| Astora Women's Health Holdings, LLC, Boston Scientific Corporation, Doe Manufacturers, Astora Women's Health LLC, Endo Health Solutions Inc., American Medical Systems Holdings Inc., American Medical Systems, Inc., Endo Pharmaceuticals Inc., American Medical Systems, LLC, Astora Holdings, LLC, Astora Women's Health, Inc. and Boston Scientific Corporation doing business as Mansfield Scientific, Inc. & Microvasive Inc. doing business as Microvastive, Inc. |
| 2:2017cv04123 |
| October 4, 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 |
| Both |
Docket Report
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Filing 34
STIPULATION OF DISMISSAL WITHOUT PREJUDICE/ORDER Pursuant to Fed. R. Civ. P. 41(a)(l)(ii), this action is voluntarily dismissed without prejudice, parties to bear their own costs. Signed by Judge Joseph R. Goodwin on 3/1/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (st)
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| Filing 33 STIPULATION OF DISMISSAL Without Prejudice by American Medical Systems, Inc., Amy Jones. (Binis, Barbara) (Modified on 2/12/2019 to add party filer) (lca). |
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Filing 32
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)
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Filing 31
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) (klc) (ADI)
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Filing 30
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") (brn)
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Filing 29
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)
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Filing 28
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. 5412 in MDL Case No. 2325 AMS. Signed by Judge Joseph R. Goodwin on 12/8/2017. (cc: attys; any unrepresented party) (brn)
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| Filing 27 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael J. Farrell on behalf of American Medical Systems, Inc.. (Farrell, Michael) |
| Filing 26 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Erik W. Legg on behalf of American Medical Systems, Inc.. (Legg, Erik) |
| Filing 25 MAIL RETURNED AS UNDELIVERABLE: #23 Order sent to Jennifer R. Liakos at Seventh Floor, 620 Newport Center Drive, Newport Beach, CA 92660. Mail marked "return to sender, attempted - not known, unable to forward". (kp) |
| Filing 24 MAIL RETURNED AS UNDELIVERABLE: #22 Pretrial Order #246 sent to Jennifer R. Liakos at Robinson Calcagnie & Robinson, 7th Floor, 620 Newport Center Drive, Newport Beach, CA 92660. Marked: Return to Sender, Attempted - Not Known, Unable to Forward. (ts) |
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Filing 23
ORDER OF SEVERANCE directing 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 10/11/2017. (cc: counsel of record; any unrepresented party) (kp)
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| Filing 22 TRANSMITTED PRETRIAL ORDER # 246 (Initial Order Regarding Severance of Actions) entered on 06/27/2017 in MDL 2325 to attorneys in member case. (crg) |
| Filing 21 CASE TRANSFERRED IN from the California Southern; Case Number 3:17-cv-01251. Original file certified copy of transfer order and docket sheet received. |
| Filing 20 Case transferred to Southern District of West Virginia. Files transferred electronically to: *District of Southern District of West Virginia*. (Attachments: #1 Transfer Order) (jjg) [Transferred from California Southern on 10/5/2017.] |
| Filing 19 In light of the case being stayed the August 25, 2017 status conference is VACATED. Signed by Magistrate Judge Nita L. Stormes on 7/28/2017. (no document attached) (ecp) [Transferred from California Southern on 10/5/2017.] |
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Filing 18
ORDER Staying Case and Dismissing Claims Against Boston Scientific [Doc. Nos. #7 , #13 , #17 ]. Signed by Judge Cathy Ann Bencivengo on 7/28/2017. (jjg) [Transferred from California Southern on 10/5/2017.]
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| Filing 17 Joint MOTION to Stay All Proceedings Pending a Transfer by the Judicial Panel on Multidistrict Litigation by American Medical Systems, Inc., American Medical Systems, LLC, Astora Women's Health LLC, Endo Health Solutions Inc., Endo Pharmaceuticals Inc.. (Stanley, David) (jjg). [Transferred from California Southern on 10/5/2017.] |
| Filing 16 NOTICE OF WITHDRAWAL OF DOCUMENT by Endo Pharmaceuticals Inc., Endo Health Solutions Inc., Astora Women's Health LLC, American Medical Systems, LLC, American Medical Systems, Inc. re #14 Joint MOTION to Stay All Proceedings Pending A Transfer By The Judicial Panel on Multidistrict Litigation filed by American Medical Systems, Inc., Astora Holdings, LLC, American Medical Systems Holdings, Inc., Astora Women's Health Holdings, LLC, Endo Health Solutions Inc., Endo Pharmaceuticals Inc., American Medical Systems, LLC . (Stanley, David) (jjg). [Transferred from California Southern on 10/5/2017.] |
| Filing 15 NOTICE of Voluntary Dismissal by Amy Jones (Liakos, Jennifer) (jjg). [Transferred from California Southern on 10/5/2017.] |
| Filing 14 Joint MOTION to Stay All Proceedings Pending A Transfer By The Judicial Panel on Multidistrict Litigation by American Medical Systems Holdings, Inc., American Medical Systems, Inc., American Medical Systems, LLC, Astora Holdings, LLC, Astora Women's Health Holdings, LLC, Endo Health Solutions Inc., Endo Pharmaceuticals Inc.. (Stanley, David)Attorney David E Stanley added to party Astora Holdings, LLC(pty:dft), Attorney David E Stanley added to party Astora Women's Health Holdings, LLC(pty:dft) (jjg). [Transferred from California Southern on 10/5/2017.] |
| Filing 12 The telephonic case management conference that was set by Judge Major for August 14, 2017 is VACATED. Signed by Magistrate Judge Nita L. Stormes on 7/14/2017.(no document attached) (ecp) [Transferred from California Southern on 10/5/2017.] |
| Filing 13 MOTION to Stay All Proceedings Pending a Transfer by the Judicial Panel on Multidistrict Litigation, or, in the Alternative, Motion to Dismiss Nonresident Plaintiffs' Claims for Lack of Personal Jurisdiction by American Medical Systems, Inc., American Medical Systems, LLC, Astora Women's Health, Inc., Endo Health Solutions Inc., Endo Pharmaceuticals Inc.. (Attachments: #1 Memo of Points and Authorities ISO Motion to Stay, #2 Declaration of Deanna Voss, #3 Declaration of David E. Stanley)(Stanley, David)Attorney David E Stanley added to party Astora Women's Health, Inc.(pty:dft) (jjg). [Transferred from California Southern on 10/5/2017.] |
| Filing 11 Telephonic Status Conference set for 8/25/2017 at 11:00 AM before Magistrate Judge Nita L. Stormes re: status of transfer of these cases to MDL. This conference will be held for cases 17cv1249, 17cv1250, 17cv1251 and 17cv1253. Counsel must lodge a single joint statement as to all cases, no longer than 3 pages, by 8/17/17 re: status. Signed by Magistrate Judge Nita L. Stormes on 7/14/2017. (no document attached) (ecp) [Transferred from California Southern on 10/5/2017.] |
| Filing 10 Corporate Disclosure Statement by American Medical Systems, Inc., American Medical Systems, LLC, Astora Women's Health LLC, Endo Health Solutions Inc., Endo Pharmaceuticals Inc. identifying Corporate Parent Endo Health Solutions Inc., Corporate Parent Endo International plc for Astora Women's Health LLC, Endo Pharmaceuticals Inc.; Corporate Parent Endo International plc for Endo Health Solutions Inc. (Sung, Natasha) (jjg). (jao). [Transferred from California Southern on 10/5/2017.] |
| Filing 9 Amended ANSWER to Complaint by American Medical Systems, Inc., American Medical Systems, LLC, Astora Women's Health LLC, Endo Health Solutions Inc., Endo Pharmaceuticals Inc..(Stanley, David)Attorney David E Stanley added to party American Medical Systems, Inc.(pty:dft), Attorney David E Stanley added to party American Medical Systems, LLC(pty:dft), Attorney David E Stanley added to party Astora Women's Health LLC(pty:dft), Attorney David E Stanley added to party Endo Health Solutions Inc.(pty:dft), Attorney David E Stanley added to party Endo Pharmaceuticals Inc.(pty:dft) (jjg). [Transferred from California Southern on 10/5/2017.] |
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Filing 8
ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Cathy Ann Bencivengo and Magistrate Judge Nita L. Stormes for all further proceedings. Judge Roger T. Benitez, Magistrate Judge Barbara Lynn Major no longer assigned to case. Pending hearings previously set before the original Judge(s) have been transferred to the newly assigned Judge(s). Create association to 3:17-cv-01249-CAB-NLS. The new case number is 17cv1251-CAB-NLS. Signed by Judge Roger T. Benitez on 6/28/2017. Signed by Judge Cathy Ann Bencivengo on 6/23/2017.(knb) [Transferred from California Southern on 10/5/2017.]
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| Filing 7 MOTION to Dismiss by Boston Scientific Corporation. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Proof of Service)(Montenegro, Mayela)Attorney Mayela C. Montenegro added to party Boston Scientific Corporation(pty:dft) [Transferred from California Southern on 10/5/2017.] |
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Filing 6
ORDER Findings Early Neutral Evaluation Conference Inappropriate and Setting Telephonic Case Management Conference. Telephonic Case Management Conference set for 8/14/2017 10:00 AM before Magistrate Judge Barbara Lynn Major. Signed by Magistrate Judge Barbara Lynn Major on 6/21/2017.(knb) [Transferred from California Southern on 10/5/2017.]
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| Filing 5 NOTICE OF RELATED CASE(S) by 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. of case(s) 3:17-cv-01249-CAB-NLS, 3:17-cv-01250-JAH-JMA, 3:17-cv-01253-WQH-NLS (AMENDED NOTICE OF RELATED CASES). (Sung, Natasha) Proposed Low Number Order prepared as to 17cv1249 on 6/22/2017 (knb). [Transferred from California Southern on 10/5/2017.] |
| Filing 4 NOTICE of Party With Financial Interest by 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. Identifying Other Affiliate Endo International plc for Endo Health Solutions Inc. (lrf) (jao). [Transferred from California Southern on 10/5/2017.] |
| Filing 3 NOTICE OF RELATED CASE(S) by 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. (lrf) (jao). [Transferred from California Southern on 10/5/2017.] |
| Filing 2 ANSWER to Complaint (Notice of Removal) by 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. (lrf) (jao). [Transferred from California Southern on 10/5/2017.] |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court of California, County of San Diego, case number 37-2017-00001712-CU-PL-CTL. (Filing fee $400 receipt number 0974-10179492), filed by Endo Pharmaceuticals Inc., Astora Women's Health, Inc., Endo Health Solutions Inc., American Medical Systems Holdings, Inc., Astora Holdings, LLC, Astora Women's Health LLC, American Medical Systems, LLC, Astora Women's Health Holdings, LLC, American Medical Systems, Inc. (Attachments: #1 Civil Cover Sheet, #2 Declaration of David Stanley, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Proof of Service)The new case number is 3:17-cv-1251-BEN-BLM. Judge Roger T. Benitez and Magistrate Judge Barbara Lynn Major are assigned to the case.(lrf) (jao). [Transferred from California Southern on 10/5/2017.] |
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