Marner v. C. R. Bard Inc. et al
| Wesley Marner |
| McKesson Corporation, C R Bard Inc, Bard Peripheral Vascular, Inc. and C. R. Bard Inc. |
| 1:2020cv00617 |
| August 24, 2020 |
| US District Court for the Middle District of Alabama |
| Stephen Michael Doyle |
| R Austin Huffaker |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 19, 2020. A more recent docket listing may be available from PACER.
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| Filing 53 NOTICE of Deficiency re: Pro Hac Vice Admission of Eric Martin Przybysz. (cwl, ) |
| Filing 52 NOTICE of Deficiency re: Pro Hac Vice Admission of Darren McDowell. (cwl, ) |
| Filing 51 NOTICE OF DEFICIENCY re: Pro Hac Vice Admission of Steven Scott Schulte. (cwl, ) |
| Filing 50 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Wesley Marner; Corporate Disclosures due by 10/29/2020. (Attachments: #1 Conflict Statement Standing Order & Sample Format)(cwl, ) |
Filing 49
ORDER: For good cause shown, this #48 Joint Motion to Stay Discovery and All Pretrial Deadlines is GRANTED. Accordingly, all pending deadlines in this case are STAYED for 90 days. The parties shall file a joint status report with the Court on or before 12/11/2020, as further set out in order. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/14/2020. (cwl, )
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| Filing 48 Joint MOTION to Stay Discovery and All Pretrial Deadlines by Plaintiff and by Bard Peripheral Vascular, Inc., C. R. Bard Inc., Wesley Marner (Maughan, Diane) Modified on 9/10/2020 to add as also filed on behalf of plf (cwl, ). |
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Filing 47
ORDER: it is ORDERED that the motions to dismiss (Docs. #3 , #10 ) are hereby DENIED as moot due to the transfer of this case to this Court. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/9/2020. (Attachments: #1 Civil Appeals Checklist) (cwl, )
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Filing 46
TEXT ORDER: the Motions for Taylor T. Daly and Brandee J. Kowalzyk to Appear Pro Hac Vice (Docs. #35 , #36 ) are GRANTED. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/9/2020. (No pdf attached to this entry) (cwl, )
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| Filing 45 RESPONSE TO ORDER TO SHOW CAUSE re #32 Order by Bard Peripheral Vascular, Inc., C. R. Bard Inc. (Maughan, Diane) Modified on 9/8/2020 to add link to order (cwl, ). |
| Filing 44 Pro hac Filing fee received re: #35 Motion for Taylor T. Daly to Appear Pro Hac Vice: $ 75.00, receipt number 4602059293. (cwl, ) |
| Filing 43 Pro hac Filing fee received re: #36 Motion for Brandee J. Kowalzyk to Appear Pro Hac Vice : $ 75.00, receipt number 4602059294. (cwl, ) |
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Filing 42
TEXT ORDER: The Motion to Withdraw as Attorney (Doc. #39 ) by Melissa Dorman Matthews and Jordan E. Jarreau is GRANTED. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/3/2020. (No pdf attached to this entry) (cwl, )
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| Filing 41 NOTICE of Correction re #40 Corporate/Conflict Disclosure Statement, #39 MOTION to Withdraw as Attorney by Melissa Dorman Matthews and Jordan E. Jarreau, to attach corrected PDF documents to remove a terminated defendant in the style of the case. (Attachments: #1 Corrected Main Document Entry #39 , #2 Corrected Document Entry #40 )(cwl, ) |
| Filing 40 Corporate/Conflict Disclosure Statement by Bard Peripheral Vascular, Inc., C. R. Bard Inc.. (Maughan, Diane) (Main Document 40 replaced on 9/3/2020 to attach corrected PDF documents to remove a terminated defendant in the style of the case.) (cwl, ). Modified on 9/3/2020 (cwl, ). |
| Filing 39 MOTION to Withdraw as Attorney by Melissa Dorman Matthews and Jordan E. Jarreau by Bard Peripheral Vascular, Inc., C. R. Bard Inc., McKesson Corporation. (Maughan, Diane) (Main Document 39 replaced on 9/3/2020 to attach corrected PDF documents to remove a terminated defendant in the style of the case.) (cwl, ). Modified on 9/3/2020 (cwl, ). |
| ***PURSUANT TO THE COURT'S 42 TEXT ORDER - Attorney Jordan E. Jarreau and Melissa Dorman Matthews terminated. (No pdf attached to this entry) (cwl, ) |
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Filing 38
ORDER: Upon consideration of the Joint Stipulation of Dismissal of Claims against McKesson Corporation ("McKesson") (Doc. #37 ) filed on September 1, 2020, the Plaintiff's claims against McKesson are hereby dismissed without prejudice on the terms set out and agreed to by the parties. The Plaintiff's claims against the other Defendants shall remain pending. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/2/2020. (kh, )
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| ***PURSUANT TO THE #36 MOTION - Attorney Brandee J. Kowalzyk for Bard Peripheral Vascular, Inc., C. R. Bard Inc. added. (No pdf attached to this entry) (cwl, ) |
| ***PURSUANT TO THE #35 MOTION - Attorney Taylor Tapley Daly for Bard Peripheral Vascular, Inc., C. R. Bard Inc. added. (NO pdf attached to this entry) (cwl, ) |
| Filing 37 Joint STIPULATION of Dismissal of Claims Against McKesson Corporation Without Prejudice by McKesson Corporation, Bard Peripheral Vascular, Inc., C. R. Bard Inc., Wesley Marner. (Attachments: #1 Text of Proposed Order)(Maughan, Diane) Modified on 9/2/2020 to clarify text & to add as also filed on behalf of plf (cwl, ). |
| Filing 36 Motion for Brandee J. Kowalzyk to Appear Pro Hac Vice by Bard Peripheral Vascular, Inc., C. R. Bard Inc.. (Attachments: #1 Exhibit Certificate of Good Standing for Brandee Kowalzyk)(Morris, George) Modified on 9/2/2020 to clarify text (cwl, ). |
| Filing 35 Motion for Taylor T. Daly to Appear Pro Hac Vice by Bard Peripheral Vascular, Inc., C. R. Bard Inc. (Attachments: #1 Exhibit Certificate of Good Standing for Taylor Daly)(Morris, George) Modified on 9/2/2020 to clarify text (cwl, ). |
| Filing 34 NOTICE of Appearance by George LaFayette Morris, IV on behalf of McKesson Corporation (Morris, George) |
| Filing 33 NOTICE of Appearance by Diane Babb Maughan on behalf of McKesson Corporation (Maughan, Diane) |
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Filing 32
ORDER:it is ORDERED that the Defs shall show cause, on or before 9/9/2020, as to why the motions to dismiss (Docs. #3 , #10 ) should not be denied as moot due to the transfer of this case to this Court. It is further ORDERED that the FED.R.CIV.P. 26(f) Report containing the discovery plan shall be filed as soon as practicable but not later than 9/16/2020, as further set out in order. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/27/2020. (cwl, )
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| Filing 31 NOTICE of Appearance by George LaFayette Morris, IV on behalf of Bard Peripheral Vascular, Inc., C. R. Bard Inc. (Morris, George) (Additional attachment(s) added on 8/27/2020: #1 corrected certificate of service) (cwl, ). |
| Filing 30 NOTICE of Appearance by Diane Babb Maughan on behalf of Bard Peripheral Vascular, Inc., C. R. Bard Inc. (Maughan, Diane) (Additional attachment(s) added on 8/27/2020: #1 corrected certificate of service) (cwl, ). |
| Filing 29 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02487. Original file certified copy of transfer order and docket sheet received. |
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Filing 28
MEMORANDUM OPINION AND ORDER grants #24 Amended 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 James Duffy's case be severed and transferred to the Wilkes Barre Division of the Middle District of Pennsylvania (Civil case 3:20-cv-2482 opened); b. Plaintiff Dewey Durden's case be severed and transferred to the Huntsville Division of the Middle District of Alabama (Civil case 3:20-cv-2483 opened); c. Plaintiff John DeVal's case be severed and transferred to the Boston Division of the District of Massachusetts (Civil case 3:20-2484 opened); d. Plaintiff Vincent Fazio's case be severed and transferred to the Pittsburgh Division of the Western District of Pennsylvania (Civil case 3:20-cv-2485; e. Plaintiff Deborah Hoyopatubbi's case be severed and transferred to the San Jose Division of the Northern District of California (Civil case 3:20-cv-2486 opened); f. Plaintiff Wesley Marner's case be severed and transferred to the Montgomery Division of the Middle District of Alabama (Civil case 3:20-CV-2487; g. Plaintiff Christopher Richardson's case be severed and transferred to the Memphis Division of the Western District of Tennessee (Civil case 3:20-cv-2488 opened); and h. Plaintiff Tito Vasquez's case be severed and transferred to the Santa Ana Division of the Central District of California (Civil case 3:20-cv-2489 opened). Plaintiff Richard Guidry 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 8/25/2020.]
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Filing 27
ORDER: Pursuant to the parties' agreement, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Jose Solis's claims against Defendants. The parties shall bear their own costs. Party Jose Solis terminated. (Ordered by Judge Karen Gren Scholer on 8/19/2020) (axm) [Transferred from txnd on 8/25/2020.]
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| Filing 26 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #24 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 8/25/2020.] |
| Filing 25 Brief/Memorandum in Support filed by James Duffy, Dewey Durden, John Duval, Vincent Fazio, Richard Guidry, Deborah Hoyopatubbi, Wesley Marner, Christopher Richardson, Jose Solis, Tito Vasquez re #24 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/25/2020.] |
| Filing 24 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by James Duffy, Dewey Durden, John Duval, Vincent Fazio, Richard Guidry, Deborah Hoyopatubbi, Wesley Marner, Christopher Richardson, Jose Solis, Tito Vasquez (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/25/2020.] |
| Filing 23 Appendix in Support filed by James Duffy, Dewey Durden, John Duval, Vincent Fazio, Richard Guidry, Deborah Hoyopatubbi, Wesley Marner, Christopher Richardson, Jose Solis, Tito Vasquez re #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from txnd on 8/25/2020.] |
| Filing 22 Brief/Memorandum in Support filed by James Duffy, Dewey Durden, John Duval, Vincent Fazio, Richard Guidry, Deborah Hoyopatubbi, Wesley Marner, Christopher Richardson, Jose Solis, Tito Vasquez re #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/25/2020.] |
| Filing 21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by James Duffy, Dewey Durden, John Duval, Vincent Fazio, Richard Guidry, Deborah Hoyopatubbi, Wesley Marner, Christopher Richardson, Jose Solis, Tito Vasquez (Schulte, Steven) [Transferred from txnd on 8/25/2020.] |
| Filing 20 RESPONSE filed by James Duffy, Dewey Durden, John Duval, Vincent Fazio, Richard Guidry, Deborah Hoyopatubbi, Wesley Marner, Christopher Richardson, Jose Solis, Tito Vasquez re: #3 MOTION to Dismiss for Lack of Jurisdiction , #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Schulte, Steven) [Transferred from txnd on 8/25/2020.] |
| Filing 19 NOTICE of Filling Completed Forms For Each Plaintiff filed by James Duffy, Dewey Durden, John Duval, Vincent Fazio, Richard Guidry, Deborah Hoyopatubbi, Wesley Marner, Christopher Richardson, Jose Solis, Tito Vasquez (Attachments: #1 Affidavit(s)) (Schulte, Steven) [Transferred from txnd on 8/25/2020.] |
| Filing 18 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 txnd on 8/25/2020.] |
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Filing 17
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 8/25/2020.]
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Filing 16
ELECTRONIC (TEXT) 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 8/25/2020.] Modified on 8/25/2020 to clarify to reflect as a text order with NO PDF DOCUMENT attached (qc/djy, ).
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| Filing 15 MOTION for Extension of Time to File Response/Reply to #3 MOTION to Dismiss for Lack of Jurisdiction , #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by James Duffy, Dewey Durden, John Duval, Vincent Fazio, Richard Guidry, Deborah Hoyopatubbi, Wesley Marner, Christopher Richardson, Jose Solis, Tito Vasquez (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/25/2020.] |
| DEMAND for Trial by Jury by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (NO PDF document attached to this notice-See Docket entries #12 & #13 ). (djy, ) |
| Filing 14 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 14 replaced to flatten image on 6/16/2020) (dsr). [Transferred from txnd on 8/25/2020.] |
| Filing 13 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) [Transferred from txnd on 8/25/2020.] |
| Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from txnd on 8/25/2020.] |
| Filing 11 Brief/Memorandum in Support filed by McKesson Corporation re #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from txnd on 8/25/2020.] |
| Filing 10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from txnd on 8/25/2020.] |
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Filing 9
ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge Jane J. Boyle no longer assigned to case. (Ordered by Judge Jane J. Boyle on 6/12/2020) (svc) [Transferred from txnd on 8/25/2020.]
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| Filing 8 AMENDED DOCUMENT by Bard Peripheral Vascular Inc. Amendment to #6 Cert. Of Interested Persons/Disclosure Statement. . (Matthews, Melissa) (Main Document 8 replaced with flattened document on 6/11/2020) (awc). [Transferred from txnd on 8/25/2020.] |
| Filing 7 AMENDED DOCUMENT by C R Bard Inc. Amendment to #5 Cert. Of Interested Persons/Disclosure Statement. . (Matthews, Melissa) (Main Document 7 replaced with flattened document on 6/11/2020) (awc). [Transferred from txnd on 8/25/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) (Main Document 6 replaced with flattened document on 6/11/2020) (awc). [Transferred from txnd on 8/25/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Matthews, Melissa) (Main Document 5 replaced with flattened document on 6/11/2020) (awc). [Transferred from txnd on 8/25/2020.] |
| COMPLAINT against Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation, filed by Wesley Marner. (NO PDF document attached to this notice-see Docket entry #1 ).(djy, ) |
| DEMAND for Trial by Jury by Wesley Marner. (NO PDF document attached to this notice-See Docket entry #1 ). (djy, ) |
| Filing 4 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation re #3 MOTION to Dismiss for Lack of Jurisdiction (Matthews, Melissa)[Transferred from txnd on 8/25/2020.] Modified on 8/25/2020 to link to #3 motion (qc/djy, ). |
| Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc, Does 1 through 100 Inclusive, McKesson Corporation (Matthews, Melissa) [Transferred from txnd on 8/25/2020.] |
| Filing 2 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 txnd on 8/25/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Does 1 through 100 Inclusive, C. R. Bard, Inc., McKesson Corporation, Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10899477) 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 - Plaintiff's 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, Ing., #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 txnd on 8/25/2020.] |
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