Geniesse v. C R Bard Inc et al
| Matthew Geniesse |
| C R Bard Inc, Bard Peripheral Vascular Incorporated, McKesson Corporation and Does 1 through 100 Inclusive |
| 2:2020cv01294 |
| August 21, 2020 |
| US District Court for the Eastern District of Wisconsin |
| Milwaukee Office |
| Pamela Pepper |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 14, 2020. A more recent docket listing may be available from PACER.
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Filing 34
TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 10/14/2020 re #33 Joint Motion to Stay Discovery and All Pretrial Deadlines. The court GRANTS the parties' joint motion for an extension of deadlines while they finalize settlement discussions. The court ORDERS that all discovery and pretrial deadlines are STAYED until January 19, 2021. The court further ORDERS that if the parties have not settled the case by January 19, 2021, they shall file a joint report updating the court as to the status of the case and their proposed next steps. Note: there is no document associated with this text only order. (cc: all counsel)(cb)
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| Filing 33 Joint MOTION to Stay Discovery and All Pretrial Deadlines by Bard Peripheral Vascular Incorporated, C R Bard Inc. (Helm, Elizabeth) |
| Party McKesson Corporation (a Corporation) terminated (vkb) |
| Filing 32 STIPULATION of Dismissal of Claims against McKesson Corporation without Prejudice by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. (Helm, Elizabeth) |
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Filing 31
ORDER signed by Chief Judge Pamela Pepper on 9/9/2020. Rule 26 Discovery Plan due by 10/9/2020. (cc: all counsel)(cb)
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| Filing 30 NOTICE of Appearance by Travis E Romero-Boeck on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc. Attorney(s) appearing: Travis E. Romero-Boeck (Romero-Boeck, Travis) |
| Filing 29 Magistrate Judge Jurisdiction Form filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Helm, Elizabeth) |
| Filing 28 DISCLOSURE Statement by McKesson Corporation. (Helm, Elizabeth) |
| Filing 27 DISCLOSURE Statement by Bard Peripheral Vascular Incorporated, C R Bard Inc. (Helm, Elizabeth) |
| Filing 26 NOTICE of Substitution by Elizabeth C Helm on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. Attorney Melissa Dorman Matthews and Jordan E Jarreau to be termed. (Helm, Elizabeth) |
| Filing 25 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02416. Original file certified copy of transfer order and docket sheet received. |
| NOTICE Regarding assignment of this matter to Chief Judge Pamela Pepper ;Consent/refusal forms for Magistrate Judge Joseph to be filed within 21 days;the consent/refusal form is available on our website. (ds) |
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Filing 24
MEMORANDUM OPINION AND ORDER grants #19 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 Brenda Allen's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2413 opened); b. Plaintiff Benidecto Fernandez's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (Civil case 3:20-cv-2414 opened); c. Plaintiff Nancy Foreman's case be severed and transferred to the Riverside Division of the Central District of California (Civil case 3:20-cv-2415 opened); d. Plaintiff Matthew Geniesse's case be severed and transferred to the Milwaukee Division of the Eastern District of Wisconsin (Civil case 3:20-cv-2416 opened); e. Plaintiff Mark Gibson's case be severed and transferred to the Los Angeles Division of the Central District of California (Civil case 3:20-cv-2417 opened); f. Plaintiff Duane McDonald's case be severed and transferred to the Lafayette Division of the Northern District of Indiana (Civil case 3:20-cv-2419 opened); g. Plaintiff Richard Pilip's case be severed and transferred to the Chicago Division of the Northern District of Illinois (Civil case 3:20-cv-2420 opened); and h. Plaintiff Merida Roman's case be severed and transferred to the Miami Division of the Southern District of Florida (Civil case 3:20-cv-2421 opened). Plaintiff Emmanuel Arredondo is the sole plaintiff with any connection to this forum. Accordingly, he shall remain in the Dallas Division of the Northern District of Texas. (Ordered by Judge Karen Gren Scholer on 8/20/2020) (jmg) [Transferred from txnd on 8/21/2020.]
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Filing 23
ORDER: Pursuant to the parties' agreement, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Herlinda Aguilar's claims against Defendants. The parties shall bear their own costs. Party Herlinda Aguilar terminated. (Ordered by Judge Karen Gren Scholer on 8/19/2020) (axm) [Transferred from txnd on 8/21/2020.]
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| Filing 22 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division Against Bard Defendants (Matthews, Melissa) [Transferred from txnd on 8/21/2020.] |
| Filing 21 Appendix in Support filed by Herlinda Aguilar, Brenda Allen, Benidecto Fernandez, Nancy Foreman, Matthew Geniesse, Mark Gibson, Duane McDonald, Richard Pilip, Merida Roman re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division Against Bard Defendants (Schulte, Steven) [Transferred from txnd on 8/21/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Herlinda Aguilar, Brenda Allen, Benidecto Fernandez, Nancy Foreman, Matthew Geniesse, Mark Gibson, Duane McDonald, Richard Pilip, Merida Roman re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division Against Bard Defendants (Schulte, Steven) [Transferred from txnd on 8/21/2020.] |
| Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division Against Bard Defendants () filed by Herlinda Aguilar, Brenda Allen, Benidecto Fernandez, Nancy Foreman, Matthew Geniesse, Mark Gibson, Duane McDonald, Richard Pilip, Merida Roman (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/21/2020.] |
| Filing 18 RESPONSE AND OBJECTION filed by Herlinda Aguilar, Brenda Allen, Emmanuel Arredondo, Benidecto Fernandez, Nancy Foreman, Matthew Geniesse, Mark Gibson, Duane McDonald, Richard Pilip, Merida Roman re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from txnd on 8/21/2020.] |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Herlinda Aguilar, Brenda Allen, Emmanuel Arredondo, Benidecto Fernandez, Nancy Foreman, Matthew Geniesse, Mark Gibson, Duane McDonald, Richard Pilip, Merida Roman (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from txnd on 8/21/2020.] |
| Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) [Transferred from txnd on 8/21/2020.] |
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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 txnd on 8/21/2020.]
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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 txnd on 8/21/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #9 MOTION to Dismiss for Lack of Jurisdiction , #2 MOTION to Dismiss for Lack of Jurisdiction filed by Herlinda Aguilar, Brenda Allen, Emmanuel Arredondo, Benidecto Fernandez, Nancy Foreman, Matthew Geniesse, Mark Gibson, Duane McDonald, Richard Pilip, Merida Roman (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/21/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from txnd on 8/21/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from txnd on 8/21/2020.] |
| Filing 10 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from txnd on 8/21/2020.] |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from txnd on 8/21/2020.] |
| Filing 8 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from txnd on 8/21/2020.] |
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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 txnd on 8/21/2020.]
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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. (oyh) [Transferred from txnd on 8/21/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from txnd on 8/21/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from txnd on 8/21/2020.] |
| 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 (Jarreau, Jordan) [Transferred from txnd on 8/21/2020.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from txnd on 8/21/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10907283) 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 page, #5 Exhibit(s) C - 8-30-16 Romney, Kim Deposition, #6 Exhibit(s) D - Index of State Docs, #7 Exhibit(s) D-1 State Court Docket Sheet, #8 Exhibit(s) D-2 2020-04-07 Original Petition, #9 Exhibit(s) D-3 2020-04-07 Civil Case Info. Sheet, #10 Exhibit(s) D-4 2020-04-07 Jury Demand, #11 Exhibit(s) D-5 2020-04-07 Citation Issued - Bard Periphreal, #12 Exhibit(s) D-6 2020-04-07 Citation Issued - C.R. Bard, #13 Exhibit(s) D-7 2020-04-07 Citation Issued - McKesson, #14 Exhibit(s) D-8 2020-05-06 Return of Service - McKesson, #15 Exhibit(s) D-9 2020-05-22 Return of Service - C.R. Bard, #16 Exhibit(s) D-10 2020-06-04 Return of Service Bard Peripheral) (Jarreau, Jordan) [Transferred from txnd on 8/21/2020.] |
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