Jones v. C R Bard Inc et al
| James Jones |
| McKesson Corporation, C R Bard Inc, Does 1 through 100 inclusive and Bard Peripheral Vascular, Inc. |
| 3:2020cv00646 |
| August 20, 2020 |
| US District Court for the Eastern District of Virginia |
| Richmond Office |
| David J Novak |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on September 14, 2020. A more recent docket listing may be available from PACER.
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| Filing 37 Mail addressed to Darren McDowell, Esquire, Simon Eddins & Greenstone LLP, Returned as Undeliverable re: #25 Order. (walk, ) |
Filing 36
ORDER that this matter comes before the Court on the parties' Stipulation to Dismiss Claims Against McKesson Corporation Without Prejudice (ECF No. #35 ), stipulating to the dismissal without prejudice of all claims by Plaintiff against Defendant McKesson Corporation ("McKesson"). Based on the parties' stipulation, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), theCourt hereby DISMISSES WITHOUT PREJUDICE all claims by Plaintiff against McKesson, with each party to bear its own fees and costs. The Court hereby DIRECTS the Clerk to terminate McKesson as a defendant in this matter. It is so ORDERED. Signed by District Judge David J. Novak on 09/14/2020. (walk, )
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| Filing 35 STIPULATION of Dismissal Regarding Claims Against McKesson Corporation Without Prejudice by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Busman, Philip) |
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Filing 34
ORDER - the Court hereby GRANTS the parties' Joint Motion (ECF No. 33) and STAYS all deadlines in this matter for ninety (90) calendar days from the entry of this Order. Further, the Court hereby ORDERS the parties to file notice of any settlement, either in whole or in part, as soon as practicable but not later than 12:00 p.m. on the nearest business day following the date of settlement. Signed by District Judge David J. Novak on 09/08/2020. (tjoh, )
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| Filing 33 Joint MOTION to Stay Discovery and All Pretrial Deadlines by Bard Peripheral Vascular, Inc., C R Bard Inc. (Attachments: #1 Proposed Order)(Busman, Philip) |
| Filing 32 NOTICE of Appearance by Amy Lorrelle Stone on behalf of James Jones (Stone, Amy) |
| Filing 31 NOTICE by Bard Peripheral Vascular, Inc., C R Bard Inc Regarding Defendants' Position That Consolidation Under Fed. R. Civ. P. 42 Is Inappropriate And Fundamentally Unfair (Attachments: #1 Exhibit A - Case Comparison Chart, #2 Exhibit B - August 20, 2019 and October 17, 2019 Transfer Orders, #3 Exhibit C - Order Denying Motion to Consolidate (Branch v. C.R. Bard, Inc., et al., 3:19-CV-2130-S, Doc. 77 (N.D. Tex. Apr. 20, 2020)), #4 Exhibit D - Orders Denying Consolidation in Bard IVC Filter Cases)(Busman, Philip) |
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Filing 30
ORDER granting #27 Motion to Withdraw as Attorney. Attorney Melissa Dorman Matthews; Jordan E Jarreau and Jessica Junek terminated; granting #28 Motion to Withdraw as Attorney. Attorney Melissa Dorman Matthews; Jordan E Jarreau and Jessica Junek terminated; granting #29 Motion to Withdraw as Attorney. Attorney Melissa Dorman Matthews; Jordan E Jarreau and Jessica Junek terminated. Signed by District Judge David J. Novak on 08/27/2020. (tjoh, )
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| Filing 29 MOTION to Withdraw as Attorney Jessica C. Junek by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Attachments: #1 Proposed Order)(Busman, Philip) |
| Filing 28 MOTION to Withdraw as Attorney Jordan E. Jarreau by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Attachments: #1 Proposed Order)(Busman, Philip) |
| Filing 27 MOTION to Withdraw as Attorney Melissa Dorman Matthews by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Attachments: #1 Proposed Order)(Busman, Philip) |
| Filing 26 NOTICE of Appearance by Philip M. Busman on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Busman, Philip) |
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Filing 25
ORDER that this matter comes before the Court on its own initiative. It appears that this case shares common questions of law and fact with four other cases before the Court, namely: Dodson v. C.R. Bard, Inc., Civil No. 3:20cv596 (DJN); Mickens v. C.R. Bard, Inc., et al., Civil No. 3:20cv648 (DJN); Copperthtie v. C.R. Bard, Inc., et al., Civil No. 3:20cv649 (DJN); and, Kearney v. C.R. Bard, Inc., et al., Civil No. 3:20cv650 (DJN). Accordingly, the Court hereby ORDERS each party to file within fourteen (14) calendar days a position on whether this case should be consolidated with the cases cited above pursuant to Federal Rule of Civil Procedure 42(a). Each party shall provide an explanation in support of its position. Signed by District Judge David J. Novak on 8/21/20. (jtho, )
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| Filing 24 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02346. Original file and docket sheet received. |
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Filing 23
MEMORANDUM OPINION AND ORDER granting #19 Unopposed Motion to Sever and Transfer Venue of Out-of-State Plaintiffs' Cases. The Court directs the Clerk of the Court to sever and transfer this action as follows: a. Plaintiff Patricia Britt's case be severed and transferred to the Sioux City Division of the Northern District of Iowa (Civil case 3:20-cv-2342-S opened); b. Plaintiff Jessica Burge's case be severed and transferred to the Hattiesburg Division of the Southern District of Mississippi (Civil case 3:20-cv-2343-S opened); c. Plaintiff Lori Finn's case be severed and transferred to the Rochester Division of the Western District of New York (Civil case 3:20-cv-2344-S opened); d. Plaintiff Joseph Ingram's case be severed and transferred to the Jackson Division of the Southern District of Mississippi (Civil case 3:20-cv-2345-S opened); e. Plaintiff James Jones's case be severed and transferred to the Richmond Division of the Eastern District of Virginia (Civil case 3:20-cv-2346-S opened); f. Plaintiff Barbara Lawrence's case be severed and transferred to the Detroit Division of the Eastern District of Michigan (Civil case 3:20-cv-2347-S opened); g. Plaintiff John Reeves's case be severed and transferred to the Springfield Division of the Western District of Missouri (Civil case 3:20-cv-2349-S opened); h. Plaintiff Venette Terry's case be severed and transferred to the Bay City Division of the Eastern District of Michigan (Civil case 3:20-cv-2350-S opened); i. Plaintiff Quinten Wedge's case be severed and transferred to the Kansas City Division of the District of Kansas (Civil case 3:20-cv-2362-S opened). Plaintiff Catherine Simpson is the sole plaintiff with any connection to this forum. Accordingly, she shall remain in the Dallas Division of the Northern District of Texas. (Ordered by Judge Karen Gren Scholer on 8/19/2020) (axm) [Transferred from Texas Northern on 8/20/2020.]
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| Filing 22 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 21 Appendix in Support filed by Patricia Britt, Jessica Burge, Lori Finn, Joseph Ingram, James Jones, Barbara Lawrence, John Reeves, Catherine Simpson, Venette Terry, Quinten Wedge re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Patricia Britt, Jessica Burge, Lori Finn, Joseph Ingram, James Jones, Barbara Lawrence, John Reeves, Catherine Simpson, Venette Terry, Quinten Wedge re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Patricia Britt, Jessica Burge, Lori Finn, Joseph Ingram, James Jones, Barbara Lawrence, John Reeves, Catherine Simpson, Venette Terry, Quinten Wedge (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 18 RESPONSE filed by Patricia Britt, Jessica Burge, Lori Finn, Joseph Ingram, James Jones, Barbara Lawrence, John Reeves, Catherine Simpson, Venette Terry, Quinten Wedge re: #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Patricia Britt, Jessica Burge, Lori Finn, Joseph Ingram, James Jones, Barbara Lawrence, John Reeves, Catherine Simpson, Venette Terry, Quinten Wedge (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) [Transferred from Texas Northern on 8/20/2020.] |
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Filing 15
ORDER: To assist the Court, counsel for all parties shall complete the form attached hereto as Exhibit A for each Plaintiff in this action. The parties shall file their completed forms on or before July 22, 2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (ndt) [Transferred from Texas Northern on 8/20/2020.]
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Filing 14
ELECTRONIC ORDER: The Court grants the parties' Agreed Motion for Extension of Time. (Ordered by Judge Karen Gren Scholer on 7/1/2020) (ctf) [Transferred from Texas Northern on 8/20/2020.]
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| Filing 13 Agreed MOTION to Extend Time Resp/Reply filed by Patricia Britt, Jessica Burge, Lori Finn, Joseph Ingram, James Jones, Barbara Lawrence, John Reeves, Catherine Simpson, Venette Terry, Quinten Wedge (Attachments: #1 Proposed Order) (Przybysz, Eric) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 12 replaced to flatten image on 6/17/2020) (dsr). [Transferred from Texas Northern on 8/20/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by McKesson Corporation Attorney Jessica Junek added to party McKesson Corporation(pty:dft) (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
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Filing 7
ORDER: Case reassigned to Judge Karen Gren Scholer for all further proceedings. Chief Judge Barbara M. G. Lynn no longer assigned to case. (Ordered by Chief Judge Barbara M. G. Lynn on 6/12/2020) (ndt) [Transferred from Texas Northern on 8/20/2020.]
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| Filing 6 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 3 Brief/Memorandum in Support filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. re #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10905573) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet, #2 Cover Sheet Supplement, #3 Exhibit(s) A - Portion of REACH Agreement (redacted), #4 Exhibit(s) B - McKesson, #5 Exhibit(s) C - 8-30-16 Romney, Kim Deposition, #6 Exhibit(s) D - Index of State Court Documents, #7 Exhibit(s) D-1 State Court Docket Sheet, #8 Exhibit(s) D-2 Plaintiffs' Original Petition, #9 Exhibit(s) D-3 Civil Case Info Sheet, #10 Exhibit(s) D-4 Jury Demand, #11 Exhibit(s) D-5 Citation Issued Bard Peripheral, #12 Exhibit(s) D-6 Citation Issued C.R. Bard Inc., #13 Exhibit(s) D-7 Citation Issued McKesson, #14 Exhibit(s) D-8 Affidavit of Service McKinnson, #15 Exhibit(s) D-9 Return of Service - C. R. Bard, #16 Exhibit(s) D-10 Return of Service - Bard Peripheral) (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
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