Carlson v. Boston Scientific Corporation

Filing 109

ORDER Consolidating Cases for Trial. All further pleadings to be docketed to: 5:15CV57. Member Case: 3:15CV211 to be administratively closed. Signed by District Judge Richard Voorhees on 5/15/15. (smj)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CASE NOS. 5:15CV57-RLV; 3:15CV211-RLV

ROMONA WINEBARGER,
and REX WINEBARGER,
Plaintiffs,
v.
BOSTON SCIENTIFIC
CORPORATION,
Defendant.
_________________________________
MARTHA CARLSON,
Plaintiff,
v.
BOSTON SCIENTIFIC
CORPORATION,
Defendant.
_________________________________

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ORDER CONSOLIDATING CASES FOR TRIAL
THIS MATTER is before the court sua sponte for purposes of consolidating the abovereferenced civil actions for trial pursuant to Fed. R. Civ. P. 42(a), which permits joining cases for
hearing or trial where “actions before the court involve a common question of law or fact.” Fed.
R. Civ. P. 42(a)(1).
These cases are transferred to the Western District of North Carolina (the original
transferor court) from the Southern District of West Virginia (the original transferee court), In Re
Boston Scientific Corporation Pelvic Repair System Products Liability Litigation, MDL No.
2326. The undersigned is advised by the transferee court that all pretrial proceedings, including

discovery and dispositive (plus Daubert) motion practice, are complete. The transferee judge
indicates that these cases are trial-ready, with the exception of sorting through the parties’
respective deposition designations. See Fed. R. Civ. P. 32(a)(4); MANUAL ON COMPLEX
LITIGATION (FOURTH) § 12.33 (2004). It is this Court’s intention to consolidate these cases
for all purposes, including jury trial, which will be scheduled forthwith.
IT IS HEREBY ORDERED that Carlson v. Boston Scientific Corporation, 3:15CV211RLV be consolidated with Winebarger v. Boston Scientific Corporation, 5:15CV57-RLV, which
is hereby designated the “Lead Case” for purposes of docketing.

Signed: May 15, 2015