Newcomb v. C R Bard Inc et al
| Jason Newcomb |
| Does 1 through 100 Inclusive, C R Bard Inc, McKesson Corporation and Bard Peripheral Vascular Inc |
| 6:2020cv00053 |
| August 19, 2020 |
| US District Court for the Western District of Virginia |
| Lynchburg Office |
| Robert S Ballou |
| Norman K Moon |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 5, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 43
Clerks Entry of Dismissal without prejudice Pursuant to FRCP 41(a)(1)(A)(ii), and with each party to bear its own costs. (al)
|
|
Filing 42
STIPULATION of Dismissal Without Prejudice by Bard Peripheral Vascular Inc, C R Bard Inc (Busman, Philip)
|
|
Filing 41
ORDER granting #40 Motion to Stay Discovery and All Pretrial Deadlines. Discovery and all pretrial deadlines are hereby STAYED for 120 days after entry of this Order to allow the parties to finalize settlement of this case. The parties are DIRECTED to provide the court with a status report on April 1, 2021. Signed by Magistrate Judge Robert S. Ballou on December 18, 2020. (ca)
|
|
Filing 40
Joint MOTION to Stay Discovery and All Pretrial Deadlines by Bard Peripheral Vascular Inc, C R Bard Inc. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Proposed Order)(Busman, Philip)
|
|
Filing 39
Clerk's Entry of Dismissal Pursuant to FRCP 41(a)(1)(A)(ii) without prejudice as to McKesson Corporation. (al)
|
|
Filing 38
STIPULATION of Dismissal as to McKesson Corporation Without Prejudice by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Busman, Philip)
|
|
IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. The VAWD CM/ECF system will be unavailable from 8:00 am, October 10, 2020, through 8:00 am on Tuesday October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have their own individual #Upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your VAWD CM/ECF account after the Court goes live on NextGen CM/ECF October 13, 2020. Instructions for linking you r account can be found by clicking #here. Remember you cannot link your accounts until on or after the court goes live on NextGe n October 13, 2020. If you have any additional questions please call the VAWD Clerks Office at 540-857-5100 or email ecf@vawd.uscourts.gov. (ADI) (mzc)
|
|
IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. This is a Two-Step process. In Step one each attorney was to make sure they had an upgraded individual PACER account. Now in preparation for Step Two please make sure you know your VAWD CM/ECF username and password. Please manually log in to the VAWD CM/ECF system at #ht tps://ecf.vawd.uscourts.gov/cgi-bin/login.pl to make sure you know your current VAWD CM/ECF username and password. (do not rely on the auto-populating in your browser, because you will have to manually enter your CM/ECF username and password during the linking process after we go live on NextGen.) If you do not know your username or password please email ecf@vawd.uscourts.gov and include your bar# and contact phone#. (ADI) (mzc)
|
|
Filing 37
ORDER granting #34 Motion to Withdraw as Attorney. Attorney Darren McDowell and Eric Martin Przybysz terminated; granting #35 Motion to Withdraw as Attorney. Attorney Darren McDowell and Eric Martin Przybysz terminated. Plaintiff will continue to be represented by counsel Stone and Schulte. Signed by Magistrate Judge Robert S. Ballou on 09/28/2020. (ssm)
|
|
Filing 36
ORDER granting #33 First MOTION for Steven Schulte to Appear Pro Hac Vice. Signed by Magistrate Judge Robert S. Ballou on 9/25/2020. (al)
|
|
Filing 35
Second MOTION to Withdraw as Attorney by Jason Newcomb. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Text of Proposed Order)(Stone, Amy)
|
|
Filing 34
First MOTION to Withdraw as Attorney by Jason Newcomb. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Text of Proposed Order)(Stone, Amy)
|
|
IMPORTANT NOTICE: The United States District Court for the Western District of Virginia (WDVA) will be going live on the Next Generation of CM/ECF (NextGen CM/ECF) Tuesday, October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step One is that each attorney must upgrade their individual PACER account, no shared accounts within firms will be allowed. Check and see if your PACER account is an "Upgraded" PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have an upgraded PACER account and no action is required until after the VAWD NextGen CM/ECF upgrade on October 13, 2020: 1) You have an upgraded PACER account for another NextGen Court or 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your VAWD CM/ECF account for your new NextGen CM/ECF account. Click #here to learn how to upgrade your PACER Account. If you still have questions regarding your PACER account, please contact the PACER Service Center 800- 676-6856. Complete information regarding the WDVA NextGen CM/ECF implementation can be found at #NextGen Information. (mzc) (ADI)
|
|
Filing 33
First MOTION for Steven Schulte to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3491532. by Jason Newcomb. Motions referred to Judge Robert S. Ballou. (Stone, Amy)
|
|
Filing 32
First NOTICE of Appearance by Amy Lorrelle Stone on behalf of Jason Newcomb (Stone, Amy)
|
|
Filing 31
ORDER granting #29 Motion to Withdraw as Attorney. Attorney Jordan E Jarreau is hereby permitted to withdraw as counsel for Defendants. Signed by Magistrate Judge Robert S. Ballou on September 1, 2020. (ca)
|
|
Filing 30
ORDER granting #28 Motion to Withdraw as Attorney. Attorney Melissa Dorman Matthews is hereby permitted to withdraw as counsel for Defendants. Signed by Magistrate Judge Robert S. Ballou on September 1, 2020. (ca)
|
|
Filing 29
MOTION to Withdraw as Attorney Jordan E. Jarreau by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Proposed Order)(Busman, Philip)
|
|
Filing 28
MOTION to Withdraw as Attorney Melissa Dorman Matthews by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Proposed Order)(Busman, Philip)
|
|
Filing 27
NOTICE of Appearance by Philip Marshal Busman on behalf of Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Busman, Philip)
|
|
Filing 26
ORDER referring all non-dispositive pretrial motions and issues to United States Magistrate Judge Robert S. Ballou. Signed by Senior Judge Norman K. Moon on 8/21/2020. (al)
|
|
Filing 25
Case transferred in from District of Texas Northern; Case Number 3:20-cv-02299. Original file certified copy of transfer order and docket sheet received.
|
|
Filing 24
Memorandum Opinion and Order re: #21 Unopposed Amended Motion to Sever and Transfer Venue of Out-of-State Plaintiffs' Cases. The Court GRANTS the Motion and directs the Clerk of the Court to sever and transfer this action as follows: a. Plaintiff Clyde Carr's case be severed and transferred to the Durham Division of the Middle District of North Carolina (Civil case 3:20-cv-2293-S opened); b. Plaintiff Rebecca Copperthtie's case be severed and transferred to the Richmond Division of the Eastern District of Virginia (Civil case 3:20-cv-2294-S opened); c. Plaintiff George Fenwick's case be severed and transferred to the Fargo Division of the District of North Dakota (Civil case 3:20-cv-2295-S opened); d. Plaintiff Bettye Floyd's case be severed and transferred to the Southern Division of the Northern District of Alabama (Civil case 3:20-cv-2296-S opened); e. Plaintiff Carolyn Lowe's case be severed and transferred to the Jackson Division of the Western District of Tennessee (Civil case 3:20-cv-2297-S opened); f. Plaintiff Janet Nacham's case be severed and transferred to the Erie Division of the Western District of Pennsylvania (Civil case 3:20-cv-2298-S opened); g. Plaintiff Jason Newcomb's case be severed and transferred to the Lynchburg Division of the Western District of Virginia (Civil case 3:20-cv-2299-S opened); h. Plaintiff Alethea Thomas's case be severed and transferred to the Memphis Division of the Western District of Tennessee (Civil case 3:20-cv-2300-S opened); i. Plaintiff Lela Tunstall's case be severed and transferred to the Mobile Division of the Southern District of Alabama (Civil case 3:20-cv-2301-S opened). Plaintiff Jane Stewart 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 8/18/2020) (ykp) Modified on 8/18/2020 (axm). [Transferred from Texas Northern on 8/19/2020.]
|
|
Filing 23
RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.]
|
|
Filing 22
Brief/Memorandum in Support filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall re #21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.]
|
|
Filing 21
Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.]
|
|
Filing 20
Appendix in Support filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall re #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.]
|
|
Filing 19
Brief/Memorandum in Support filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall re #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.]
|
|
Filing 18
MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.]
|
|
Filing 17
RESPONSE filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall re: #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.]
|
|
Filing 16
NOTICE of Filing Completed Forms for Each Plaintiff filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.]
|
|
Filing 15
NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.]
|
|
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 8/19/2020.]
|
|
Filing 13
Agreed MOTION to Extend Time Extension to time resp/reply filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall (Attachments: #1 Proposed Order) (Przybysz, Eric) [Transferred from Texas Northern on 8/19/2020.]
|
|
Filing 12
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 12 replaced with flattened document on 6/18/2020) (awc). [Transferred from Texas Northern on 8/19/2020.]
|
|
Filing 11
ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.]
|
|
Filing 10
ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.]
|
|
Filing 9
Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.]
|
|
Filing 8
MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.]
|
|
Filing 7
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.]
|
|
Filing 6
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc identifying Corporate Parent/Other Affiliate Becton, Dickinson and Company for C R Bard Inc. (Matthews, Melissa) Modified corporate parent on 6/12/2020 (mla). [Transferred from Texas Northern on 8/19/2020.]
|
|
Filing 5
ELECTRONIC ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge Ed Kinkeade no longer assigned to case. (Ordered by Judge Ed Kinkeade on 6/10/2020) (chmb) [Transferred from Texas Northern on 8/19/2020.]
|
|
Filing 4
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. (oyh) [Transferred from Texas Northern on 8/19/2020.]
|
|
Filing 3
Brief/Memorandum in Support filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. re #2 MOTION to Dismiss for Lack of Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.]
|
|
Filing 2
MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.]
|
|
Filing 1
NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10904112) 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, #4 Exhibit(s) B - McKesson Corporation, #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 to Bard Peripheral Vascular, Inc., #12 Exhibit(s) D-6 - Citation Issued to C.R. Bard, #13 Exhibit(s) D-7 - Citation Issued to McKesson Corp, #14 Exhibit(s) D-8 - Affidavit of Service - McKesson, #15 Exhibit(s) D-9 - Return of Service - C.R. Bard, #16 Exhibit(s) D-10 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.]
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Virginia Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
