MacPherran v. Boston Scientific Corporation
| Katrina MacPherran |
| Boston Scientific Corporation |
| 3:2020cv00766 |
| August 19, 2020 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 22, 2021. A more recent docket listing may be available from PACER.
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Filing 100
** TEXT ONLY ORDER **Plaintiff Katrina MacPherran has requested a status conference to discuss the approaching trial date and pretrial deadlines. Dkt. #99 . The motion is DENIED. A status conference is unnecessary; the May 17, 2021 trial date and all pretrial deadlines will remain in place. Signed by District Judge James D. Peterson on 2/22/2021. (rks)
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| Filing 99 Motion for Set Status Conference by Plaintiff Katrina MacPherran. (Bossier, Sheila) |
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Filing 98
** TEXT ONLY ORDER **ORDER granting #97 Motion to Admit MaCall Chastain Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 1/26/2021. (lak)
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| Filing 97 Motion to Admit MaCall Chastain Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2816707.) by Plaintiff Katrina MacPherran. Motions referred to Magistrate Judge Stephen L. Crocker. (Chastain, MaCall) |
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Filing 96
ORDER denying #52 Motion for Summary Judgment by Defendant Boston Scientific Corporation. Signed by District Judge James D. Peterson on 12/2/2020. (arw)
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Filing 95
ORDER overruling #94 Plaintiff's Objections to Magistrate Judge Crocker's November 13, 2020 Text Only Order. Signed by District Judge James D. Peterson on 12/2/2020. (arw)
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| Set/Reset Briefing Deadlines as to #94 Appeal of Magistrate Judge Decision to District Court. Response due 12/7/2020. (rks) |
| Filing 94 Notice by Plaintiff Katrina MacPherran re: 90 Order on Motion for Miscellaneous Relief. Plaintiff's Rule 72 Objections to Magistrate Judge Crocker's November 13, 2020 Text Only Order. (Attachments: #1 Exhibit 1 - Joint Rule 26(f) Report in Espinoza v. C.R. Bard, Inc., USDC, District of Oregon, #2 Exhibit 2 - Scheduling Order in Hinnewinkel v. Boston Scientific, USDC, District of Oregon) (Bossier, Sheila) Modified on 11/30/2020. (lak) |
| Filing 93 Disregard. Modified on 11/30/2020. (lak) |
| Filing 92 Brief in Opposition by Plaintiff Katrina MacPherran re: #52 Motion for Summary Judgment, filed by Boston Scientific Corporation (Attachments: #1 Exhibit Short Form Complaint, #2 Exhibit Peggy Pence Expert Report, #3 Exhibit BSC Webinar transcript, #4 Exhibit BSC E-mail, #5 Exhibit Dr. Blaivas Expert Report, #6 Exhibit Deposition of Dr. Galloway, #7 Exhibit BSC National Sales Meeting doc, #8 Exhibit Deposition of Dr. Rosenzweig, #9 Exhibit Dr. Rosenzweig Expert Report, #10 Exhibit Dr. Margolis Expert Report 2014, #11 Exhibit Dr. Margolis Expert Report 2019) (Davis, Larissa) |
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Filing 91
** TEXT ONLY ORDER ** Defendant's motion for partial summary judgment is under advisement. Dkt. #52 . Under Wisconsin's product liability statute, strict liability for design defect requires a plaintiff to show that "the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design by the manufacturer and the omission of the alternative design renders the product not reasonably safe." Wis. Stat. 895.047(1)(a). Defendant contends that plaintiff has failed to adduce evidence that a "reasonable alternative design" was available, but it raises this argument for the first time in its summary judgment reply brief. Dkt. #78 . Plaintiff may have until November 25, 2020, to respond to defendant's argument in a supplemental brief. Signed by District Judge James D. Peterson on 11/18/2020. (rks)
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Filing 90
** TEXT ONLY ORDER ** Before the court are the parties' competing motions and briefs on how to handle discovery following remand from the MDL court. See dkts. #82 - #86 , #88 . Having considered the parties' submissions and having considered the orders of the MDL court, it ORDERED that defendant's motion (dkt. #82 ) is GRANTED and plaintiff's motion (dkt. #83 ) is DENIED. Plaintiff has not shown good cause to disregard Judge Goodwin's pellucid Transfer Order (dkt. #57 ). Plaintiff had an adequate opportunity to develop her case before remand. For this court to allow the additional discovery requested by plaintiff would negate many of the benefits that an MDL proceeding is designed to provide. Signed by Magistrate Judge Stephen L. Crocker on 11/13/2020. (rks)
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| Filing 89 Corporate Disclosure Statement by Defendant Boston Scientific Corporation. (VanBerg, Sydney) |
| Filing 88 Brief in Reply by Plaintiff Katrina MacPherran in Support of #83 Motion for Miscellaneous Relief, (Bossier, Sheila) |
| Filing 87 Disregard. Modified on 10/26/2020. (lak) |
| Filing 86 Brief in Reply by Defendant Boston Scientific Corporation in Support of #82 Motion for Miscellaneous Relief (VanBerg, Sydney) |
| Filing 85 Brief in Opposition by Defendant Boston Scientific Corporation re: #83 Motion for Miscellaneous Relief, filed by Katrina MacPherran (VanBerg, Sydney) |
| Filing 84 Brief in Opposition by Plaintiff Katrina MacPherran re: #82 Motion for Miscellaneous Relief filed by Boston Scientific Corporation (Bossier, Sheila) |
| Filing 83 Motion to Conduct and Complete Discovery by Plaintiff Katrina MacPherran. Response due 10/20/2020. (Attachments: #1 Exhibit 1 - Joint Status Report filed in U.S. District Court, District of Oregon, Case No.: 1:20-cv-01415-CL) (Davis, Larissa) Modified on 10/14/2020: E-mail sent to counsels re: exhibit descriptions. (lak) |
| Filing 82 Motion to Limit Supplemental Discovery re 80 Text Only Order,, by Defendant Boston Scientific Corporation. Response due 10/20/2020. (VanBerg, Sydney) |
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Filing 81
Pretrial Conference Order - # Preliminary Pretrial Packet in cases assigned to District Judge James D. Peterson attached. Settlement Letters due 4/2/2021. Motions in Limine due 4/9/2021. Response to Motion due 4/23/2021. Final Pretrial Conference set for 5/5/2021 at 04:00 PM. Jury Selection and Trial set for 5/17/2021 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 10/5/2020. (voc)
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Filing 80
** TEXT ONLY ORDER **In the parties' 26(f) report (dkt. #79 ) they flagged their disputes over how discovery should proceed in this court following remand from the MDL court. Not later than October 13, 2020, each side may file its motion advocating its position on remaining discovery, with responses due October 19, 2020 and replies due by October 23, 2020. The parties are free to undertake undisputed discovery without waiting for the court's ruling on the disputed issues. Signed by Magistrate Judge Stephen L. Crocker on 10/1/2020. (arw)
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| Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 10/1/2020 [:10] (skv) |
| Filing 79 Joint Preliminary Pretrial Conference Report by Defendant Boston Scientific Corporation (Attachments: #1 Exhibit Ex. A - Pretrial Order, #2 Exhibit Ex. B - Joint Rule 26(f) Report) (VanBerg, Sydney) |
| Filing 78 Brief in Reply by Defendant Boston Scientific Corporation in Support of #52 Motion for Summary Judgment, (VanBerg, Sydney) |
| Filing 77 Notice of Appearance filed by Marlene J. Goldenberg for Plaintiff Katrina MacPherran. (Goldenberg, Marlene) |
| Filing 76 Notice of Appearance filed by Stuart L. Goldenberg for Plaintiff Katrina MacPherran. (Goldenberg, Stuart) |
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Filing 75
** TEXT ONLY ORDER **ORDER granting #72 Motion to Admit Marlene J. Goldenberg Pro Hac Vice; granting #74 Motion to Admit Stuart L. Goldenberg Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 9/16/2020. (lak)
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| Filing 74 Motion to Admit Stuart L. Goldenberg Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2748819.) by Plaintiff Katrina MacPherran. Motions referred to Magistrate Judge Stephen L. Crocker. (Goldenberg, Stuart) |
| Filing 73 Disregard. Modified on 9/16/2020. (lak) |
| Filing 72 Motion to Admit Marlene J. Goldenberg Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2748811.) by Plaintiff Katrina MacPherran. Motions referred to Magistrate Judge Stephen L. Crocker. (Goldenberg, Marlene) |
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Filing 71
** TEXT ONLY ORDER **This products liability case was proceeding in the Southern District of West Virginia as part of multidistrict litigation, but the case has been transferred to this court to resolve a pending motion for summary judgment. Defendant filed an opening brief, and plaintiff filed a response brief, but defendant didn't file a reply brief. Plaintiff raised issues in her response brief that defendant didn't anticipate in its opening brief, so a reply brief would assist the court in resolving the motion for summary judgment. The defendant may have until September 24, 2020, to file a reply brief, which should include a response to plaintiff's statement of facts. Signed by District Judge James D. Peterson on 9/10/2020. (arw)
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| Set Pretrial Conference: Telephone Pretrial Conference set for 10/1/2020 at 2:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. #Standing Order Governing Preliminary Pretrial Conference attached. (arw) |
| Filing 70 Notice of Appearance Matthew J. Splitek filed by Matthew J. Splitek for Defendant Boston Scientific Corporation. (Splitek, Matthew) |
| Filing 69 Notice of Appearance Patrick J. Murphy filed by Patrick J. Murphy for Defendant Boston Scientific Corporation. (Murphy, Patrick) |
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Filing 68
** TEXT ONLY ORDER **ORDER granting #67 Motion to Admit Dawn McCord Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 9/2/2020. (lak)
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| Filing 67 Motion to Admit Dawn McCord Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2741424.) by Defendant Boston Scientific Corporation. Motions referred to Magistrate Judge Stephen L. Crocker. (McCord, Dawn) |
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Filing 66
** TEXT ONLY ORDER **ORDER granting #65 Motion to Admit Elisha Calvin Biel Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 8/28/2020. (lak)
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| Filing 65 Motion to Admit Elisha Calvin Biel Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2739121.) by Defendant Boston Scientific Corporation. Motions referred to Magistrate Judge Stephen L. Crocker. (Biel, Elisha) |
| Filing 64 Notice by Defendant Boston Scientific Corporation of Substitution of Counsel and Consent to Substitution of Counsel. (VanBerg, Sydney) |
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Filing 63
** TEXT ONLY ORDER **ORDER granting #62 Motion to Admit Sheila M. Bossier Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 8/25/2020. (lak)
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| Filing 62 Motion to Admit Sheila M. Bossier Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2736944.) by Plaintiff Katrina MacPherran. Motions referred to Magistrate Judge Stephen L. Crocker. (Bossier, Sheila) |
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Filing 61
** TEXT ONLY ORDER **ORDER granting #60 Motion to Admit Larissa A. Davis Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 8/24/2020. (lak)
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| Filing 60 Motion to Admit Larissa A. Davis Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2736057.) by Plaintiff Katrina MacPherran. Motions referred to Magistrate Judge Stephen L. Crocker. (Davis, Larissa) |
| Standard attachments for Judge James D. Peterson required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (rks) |
| Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (rks) |
| Filing 59 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-13375. Original file certified copy of transfer order and docket sheet received. (lak) |
| Filing 58 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02326 - Boston Scientific Corporation. (Attachments: #1 Exhibit ECF 161 - Stipulated Protective Order, #2 Exhibit ECF 184 - Stipulation for the Production of Docs and Electronically Stored Info, #3 Exhibit ECF 196 - New Direct Filing Order, Master Complaint, SF Complaint, #4 Exhibit ECF 197 - Master Long Form Complaint, #5 Exhibit ECF 200 - BSC_s Master Answer to Master Long Form Complaint, #6 Exhibit ECF 7153 - Docket Control Order - BSC Wave 5 Cases, #7 Exhibit ECF 8077 - Pltf_s Notice of Adoption of Prior Daubert Motion re Badylak, #8 Exhibit ECF 4826 - Pltf_s Motion and Memo Support of MTE Badylak, #9 Exhibit ECF 8142 - BSC_s Notice of Adoption of Prior Daubert Response re Badylak, #10 Exhibit ECF 4976 - BSC_s Opp to Pltf_s MTE Badylak, #11 Exhibit ECF 5033 - Pltf_s Reply to Deft_s Response to Pltf_s MTE Badylak, #12 Exhibit ECF 6041 - Memo Opinion and Order re Daubert Motion Badylak, #13 Exhibit ECF 8088 - Pltf_s Notice of Adoption of Prior Daubert Motion re Little, #14 Exhibit ECF 4825 - Pltf_s Motion and Memo Support of MTE Little, #15 Exhibit ECF 4825 - Exh 1, #16 Exhibit ECF 4825 - Exh 2, #17 Exhibit ECF 4825 - Exh 3, #18 Exhibit ECF 4825 - Exh 4, #19 Exhibit ECF 4825 - Exh 5, #20 Exhibit ECF 8141 - BSC_s Notice of Adoption of Prior Daubert Response re Little, #21 Exhibit ECF 4979 - BSC_s Response in Opp to Pltf_s MTE Little, #22 Exhibit ECF 5034 - Pltf_s Reply to Deft_s Response to Pltf_s MTE Little, #23 Exhibit ECF 6044 - Memo Opinion and Order re Daubert Motion Little, #24 Exhibit ECF 8074 - Pltf_s Notice of Adoption of Prior Daubert Motion Rosenblatt, #25 Exhibit ECF 4833 - Pltf_s MTE Rosenblatt and Memo in Support, #26 Exhibit ECF 8140 - BSC_s Notice of Adoption of Prior Daubert Response Rosenblatt, #27 Exhibit ECF 4978 - BSC_s Memo in Opp to Pltf_s MTE Rosenblatt, #28 Exhibit ECF 4978 - Exh A, #29 Exhibit ECF 4978 - Exh B, #30 Exhibit ECF 5039 - Pltf_s Reply Brief in Support of MTE Rosenblatt, #31 Exhibit ECF 6047 - Memorandum Opinion and Order re Daubert Motion re Dr. P. Rosenblatt, #32 Exhibit ECF 8076 - Pltf_s Notice of Adoption of Prior Daubert Motion re Spiegelberg, #33 Exhibit ECF 7004 - Pltf_s MTE and Memo re Spiegelberg, #34 Exhibit ECF 4827 - Pltf_s MTE Spiegelberg and Memo in Support, #35 Exhibit ECF 8149 - BSC_s Notice of Adoption of Prior Daubert Response re Spiegelberg, #36 Exhibit ECF 7088 - BSC_s Response in Opposition to Pltf_s MTE Spiegelberg, #37 Exhibit ECF 4969 - BSC_s Response in Opp to Pltf_s MTE Spiegelberg, #38 Exhibit ECF 7160 - Pltf_s Reply in Support of MTE Spiegelberg, #39 Exhibit ECF 5031 - Pltf_s Reply in Support of MTE Spiegelberg, #40 Exhibit ECF 6049 - Memo Opinion and Order re Daubert Motion Spiegelberg, #41 Exhibit ECF 7002 - BSC's Notice of Adoption of Prior Daubert MTE re Dr. J. Blaivas, #42 Exhibit ECF 4822 - BSC_s Motion and Memo in Support MTE Blaivas, #43 Exhibit ECF 7042 - Plaintiffs' Notice of Adoption of Daubert Response re Blaivas, #44 Exhibit ECF 4962 - Pltf_s Opp to BSC_s MTE Blaivas, #45 Exhibit ECF 6029 - Memo Opinion and Order re Daubert Motion Blaivas, #46 Exhibit ECF 8087 - BSC_s Notice of Adoption of Prior Daubert MTE Margolis, #47 Exhibit ECF 4804 - BSC_s MTE Margolis and Memo in Support, #48 Exhibit ECF 4804 - Exh A, #49 Exhibit ECF 4804 - Exh B, #50 Exhibit ECF 4804 - Exh C, #51 Exhibit ECF 4804 - Exh D, #52 Exhibit ECF 4804 - Exh E, #53 Exhibit ECF 4804 - Exh F, #54 Exhibit ECF 4804 - Exh G, #55 Exhibit ECF 4804 - Exh H, #56 Exhibit ECF 4804 - Exh I, #57 Exhibit ECF 4804 - Exh J, #58 Exhibit ECF 8110 - Pltf_s Notice of Adoption of Prior Daubert Response Margolis, #59 Exhibit ECF 4960 - Pltf_s Response in Opp to BSC_s MTE Margolis, #60 Exhibit ECF 6035 - Memo Opinion and Order re Daubert Motion Margolis, #61 Exhibit ECF 8066 - BSC_s Notice of Adoption of Prior Daubert Motion re Mays, #62 Exhibit ECF 4805 - BSC_s Memo in Support of MTE Mays, #63 Exhibit ECF 8119 - Pltf_s Notice of Adoption of Prior Daubert Response Mays, #64 Exhibit ECF 4972 - Pltf_s Memo in Opp to Dft_s MTE Mays, #65 Exhibit ECF 4972 - Exh 1, #66 Exhibit ECF 4972 - Exh 2, #67 Exhibit ECF 4972 - Exh 3, #68 Exhibit ECF 4972 - Exh 4, #69 Exhibit ECF 4972 - Exh 5, #70 Exhibit ECF 4972 - Exh 6, #71 Exhibit ECF 4972 - Exh 7, #72 Exhibit ECF 4972 - Exh 8, #73 Exhibit ECF 4972 - Exh 9, #74 Exhibit ECF 4972 - Exh 10, #75 Exhibit ECF 8165 - BSC_s Notice of Adoption of Reply to Pltf_s Memo in Opp to MTE Mays, #76 Exhibit ECF 5037 - BSC_s Reply to Pltf_s Memo in Opp to Dft_s MTE Mays, #77 Exhibit ECF 6036 - Memo Opinion and Order Mays, #78 Exhibit ECF 8071 - BSC_s Notice of Adoption of Prior Daubert Motion Pence, #79 Exhibit ECF 4815 - BSC_s MTE Pence and Memo in Support, #80 Exhibit ECF 8111 - Pltf_s Notice of Adoption of Prior Daubert Response Pence, #81 Exhibit ECF 4968 - Pltf_s Response in Opp to BSC_s MTE Pence, #82 Exhibit ECF 8166 - BSC_s Notice of Adoption of Reply Memo in Support of MTE Pence, #83 Exhibit ECF 5038 - BSC_s Reply Memo in Support of MTE Pence, #84 Exhibit ECF 6038 - Memo Opinion and Order re Daubert Motion Pence, #85 Exhibit ECF 8084 - BSC_s MTE Rosenzweig, #86 Exhibit ECF 8084 - Exh A, #87 Exhibit ECF 8084 - Exh B1, #88 Exhibit ECF 8084 - Exh B2, #89 Exhibit ECF 8084 - Exh B3, #90 Exhibit ECF 8084 - Exh B4, #91 Exhibit ECF 8084 - Exh C, #92 Exhibit ECF 8084 - Exh D, #93 Exhibit ECF 8117 - Pltf_s Response and Memo in Opp to BSC_s MTE Rosenzweig, #94 Exhibit ECF 8164 - BSC_s Reply in Support of MTE Rosenzweig, #95 Exhibit ECF 6039 - Memo Opinion and Order re Daubert Motion Rosenzweig, #96 Exhibit ECF 216 - Pltf_s Memo in Support of MTE Spiegelberg, #97 Exhibit ECF 275 - BSC_s Opposition to Pltf_s MTE Spiegelberg, #98 Exhibit ECF 275 - Exh A, #99 Exhibit ECF 275 - Exh B, #100 Exhibit ECF 473 - Amended Memo Opinion and Order (Daubert Motions))(Strongman, Jon) (Modified on 8/19/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 8/19/2020.] |
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Filing 57
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 8/19/2020 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 8/18/2020 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 8/5/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (maw) [Transferred from West Virginia Southern on 8/19/2020.]
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Filing 56
ORDER directing that the docket be updated to remove Movant, Dr. Michael Margolis, from the docket sheet as any motions related to him have been resolved. Signed by Judge Joseph R. Goodwin on 8/5/2020. (cc: counsel of record; any unrepresented party) (maw) [Transferred from West Virginia Southern on 8/19/2020.]
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Filing 55
ORDER granting #51 MOTION by Katrina MacPherran to Quash #48 ISSUANCE of Subpoena for to Spradley Trucking LLC by Boston Scientific Corporation and MOTION by Katrina MacPherran for Protective Order; the subpoena directed to Spradley Trucking, LLC is QUASHED. Signed by Magistrate Judge Cheryl A. Eifert on 7/16/2019. (cc: counsel of record; any unrepresented party) (kew) [Transferred from West Virginia Southern on 8/19/2020.]
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| Filing 54 RESPONSE by Katrina MacPherran in opposition to #52 MOTION by Boston Scientific Corporation for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P)(Bossier, Sheila) [Transferred from West Virginia Southern on 8/19/2020.] |
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Filing 53
ORDER granting #46 Motion for Protective Order, #47 Motion to Quash Defendant's Subpoena to Testify at a Deposition and for Protective Order, and #48 Amended Motion to Quash Defendant's Subpoena to Testify at a Deposition and for Protective Order; the subpoena directed to Dr. Margolis is QUASHED and the protective order is granted. Signed by Magistrate Judge Cheryl A. Eifert on 5/20/2019. (cc: counsel of record; any unrepresented party) (kew) [Transferred from West Virginia Southern on 8/19/2020.]
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| Filing 52 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, #5 Exhibit E)(Anielak, Eric) [Transferred from West Virginia Southern on 8/19/2020.] |
| MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: #51 MOTION by Katrina MacPherran to Quash Subpoena and for Protective Order. (ts) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 51 MOTION by Katrina MacPherran to Quash #48 ISSUANCE of Subpoena for to Spradley Trucking LLC by Boston Scientific Corporation and MOTION by Katrina MacPherran for Protective Order (Attachment: #1 Defendant's Subpoena)(Bossier, Sheila) [Transferred from West Virginia Southern on 8/19/2020.] |
| MOTIONS REFERRED to Magistrate Judge Cheryl A. Eifert: #47 MOTION by Katrina MacPherran to Quash Defendant's Subpoena to Testify at a Deposition to Michael T. Margolis M.D. and MOTION by Katrina MacPherran for Protective Order, and #49 AMENDED MOTION by Katrina MacPherran to Quash Defendant's Subpoena to Testify at a Deposition to Michael T. Margolis M.D. and AMENDED MOTION by Katrina MacPherran for Protective Order. (ts) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 50 AMENDED NOTICE OF VIDEOTAPED DEPOSITION by Boston Scientific Corporation of Dr. Michael T. Margolis on June 8, 2019 at 9:00 a.m. (PDT) (Strongman, Jon) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 49 AMENDED #47 MOTION by Katrina MacPherran to Quash Defendant's Subpoena to Testify at a Deposition to Michael T. Margolis M.D. and for Protective Order (Attachment: #1 Exhibit A - Subpoena)(Bossier, Sheila) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 48 ISSUANCE of Subpoena for to Spradley Trucking LLC by Boston Scientific Corporation (Tanenbaum, Michael) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 47 MOTION by Dr. Michael T. Margolis to Quash Defendant's Subpoena to Testify at a Deposition to Michael T. Margolis M.D. and for Protective Order (Attachment: #1 Exhibit A - Subpoena)(Bossier, Sheila) [Transferred from West Virginia Southern on 8/19/2020.] |
| MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: #46 MOTION by Katrina MacPherran for Protective Order. (ts) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 46 NOTICE of Objection to Defendant's Notice of Deposition of Dr. Michael T. Margolis and MOTION for Protective Order by Katrina MacPherran re: #33 Notice of Deposition of Dr. Michael T. Margolis (Attachment: #1 Exhibit "A")(Bossier, Sheila) (Modified on 4/30/2019 to convert event to motion for protective order) (ts). [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 45 RETURN OF SERVICE ON SUBPOENA for Michael T. Margolis, M.D. (Strongman, Jon) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 44 NOTICE OF DEPOSITION by Boston Scientific Corporation of Friends and Family on TBD at TBD (Tanenbaum, Michael) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 43 NOTICE OF DEPOSITION by Boston Scientific Corporation of Terry Spradley on TBD at TBD (Tanenbaum, Michael) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 42 NOTICE OF DEPOSITION by Boston Scientific Corporation of Michelle Koepsel on TBD at TBD (Tanenbaum, Michael) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 41 NOTICE OF DEPOSITION by Boston Scientific Corporation of Kelsey Redmon on TBD at TBD (Tanenbaum, Michael) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 40 NOTICE OF DEPOSITION by Boston Scientific Corporation of Heather Burns on TBD at TBD (Tanenbaum, Michael) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 39 NOTICE OF DEPOSITION by Boston Scientific Corporation of Michael Burns on TBD at TBD (Tanenbaum, Michael) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 38 NOTICE OF DEPOSITION by Boston Scientific Corporation of Veronica Burns on TBD at TBD (Tanenbaum, Michael) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 37 NOTICE OF DEPOSITION by Boston Scientific Corporation of Williams Matthew Burns on TBD at TBD (Tanenbaum, Michael) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 36 NOTICE OF DEPOSITION by Boston Scientific Corporation of Betty Spradley on TBD at TBD (Tanenbaum, Michael) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 35 NOTICE OF DEPOSITION by Boston Scientific Corporation of Eddie Spradley on TBD at TBD (Tanenbaum, Michael) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 34 NOTICE OF DEPOSITION by Boston Scientific Corporation of Robert Chase MacPherran on TBD at TBD (Tanenbaum, Michael) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 33 NOTICE OF VIDEOTAPED DEPOSITION by Boston Scientific Corporation of Dr. Michael T. Margolis on April 29, 2019 at 9:00 a.m. (PDT) (Strongman, Jon) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 32 NOTICE OF DEPOSITION DUCES TECUM by Katrina MacPherran of Francis Kaveggia, M.D. on April 27, 2019 at 9:00 a.m. (Bossier, Sheila) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 31 CERTIFICATE OF SERVICE by Katrina MacPherran for Rule 26(a)(2) Expert Testimony Disclosures. (Bossier, Sheila) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 30 OBJECTIONS to #27 Amended Notice of Deposition Duces Tecum by Boston Scientific Corporation by Katrina MacPherran (Bossier, Sheila) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 29 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 8/19/2020.] |
| Filing 28 CERTIFICATE OF SERVICE/NOTICE OF SERVICE by Katrina MacPherran for Response to Defendants First Interrogatories and First Set of Requests for Production of Documents. (Bossier, Sheila) (Modified on 1/22/2019 to convert event to certificate of service)(rmc). [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 27 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Katrina MacPherran on February 15, 2019 at 3:00 p.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 26 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Niall Galloway on February 15, 2019 at 10:30 a.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 25 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Francis Kaveggia on February 2, 2019 at 9:00 a.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 24 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Interrogatories and Request for Production. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 23 NOTICE OF SERVICE OF DISCOVERY by Katrina MacPherran. (Bossier, Sheila) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 22 NOTICE OF DEPOSITION by Katrina MacPherran of Brad Rosecke on a date and at a time to be determined but no later than April 29, 2019. (Bossier, Sheila) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 21 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Katrina Macpherran on February 21, 2019 at 2:00 p.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 20 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Shlomo Raz on January 10, 2019 at 2:00 p.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 19 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Niall Galloway on January 10, 2019 at 10:00 a.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 18 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Francis Kaveggia on January 9, 2019 at 2:00 p.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 17 PLAINTIFF FACT SHEET filed by Katrina MacPherran. (Bossier, Sheila) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 16 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 8/19/2020.] |
| Filing 15 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 8/19/2020.] |
| Filing 13 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Sheila M. Bossier on behalf of Katrina MacPherran. (Bossier, Sheila) [Transferred from West Virginia Southern on 8/19/2020.] |
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Filing 14
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 8/19/2020.]
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| Filing 12 NOTICE of Withdrawal of Robert E. Price as Counsel for Plaintiff by Katrina MacPherran. (Price, Robert) [Transferred from West Virginia Southern on 8/19/2020.] |
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Filing 11
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 8/19/2020.]
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| Filing 10 NOTICE OF ATTORNEY APPEARANCE by Greg A. Vigna on behalf of Katrina MacPherran. (Vigna, Greg) [Transferred from West Virginia Southern on 8/19/2020.] |
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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 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") (kab) [Transferred from West Virginia Southern on 8/19/2020.]
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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 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) (pma) [Transferred from West Virginia Southern on 8/19/2020.]
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Filing 7
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) (mmw) [Transferred from West Virginia Southern on 8/19/2020.]
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Filing 6
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 10/17/2017; 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. 2619 in MDL Case No. 2326 Boston. Signed by Judge Joseph R. Goodwin on 4/28/2017. (cc: attys; any unrepresented party) (mmw) [Transferred from West Virginia Southern on 8/19/2020.]
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| Filing 5 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon A. Strongman on 06/27/2013. Boston Scientific Corporation waiver mailed on 6/19/2013, answer due 8/19/2013. (Strongman, Jon) [Transferred from West Virginia Southern on 8/19/2020.] |
| 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 8/19/2020.] |
| 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 8/19/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 48 (Revised Short Form Complaint and Amended Short Form Complaint re: Removal of Coloplast and Endo entities) entered on 05/29/2013 in MDL 2326 to attorneys in member case. (Attachments: #1 Exhibit A, #2 Exhibit B) (jap) [Transferred from West Virginia Southern on 8/19/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2454989. (Attachment: #1 Civil Cover Sheet) (mmw) [Transferred from West Virginia Southern on 8/19/2020.] |
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