Shealey v. C. R. Bard Inc et al
| Tangle Shealey |
| McKesson Corporation, Bard Peripheral Vascular Incorporated and C. R. Bard Inc. |
| 2:2020cv00689 |
| September 1, 2020 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| Jerusha T Adams |
| R Austin Huffaker |
| Emily C Marks |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 16, 2020. A more recent docket listing may be available from PACER.
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Filing 44
TEXT ORDER granting #40 Pro Hac Vice Filing fee received for Taylor T. Daly; granting #41 Pro Hac Vice Filing Fee received for Brandee J. Lowalzyk. Signed by Honorable Judge R. Austin Huffaker, Jr on 10/16/2020. (no pdf document attached to this entry)(kh, )
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| Filing 43 Pro Hac Vice Filing Fee received for Brandee J. Lowalzyk re #40 Motion: $ 75.00, receipt number 4602059760 (dmn, ) |
| Filing 42 Pro Hac Vice Filing fee received for Taylor T. Daly re #41 Motion: $ 75.00, receipt number 4602059761 (dmn, ) Modified on 10/8/2020 to include attorney name. (dmn, ) |
| ***Attorney Brandee J. Kowalzyk, and Taylor Tapley Daly added for Bard Peripheral Vascular Incorporated, and C. R. Bard Inc. (dmn, ) (see Doc. #40 and #41 for pdfs) |
| Filing 41 Motion for Taylor T. Daly, Esq. to Appear Pro Hac Vice by Bard Peripheral Vascular Incorporated, C. R. Bard Inc. (Attachments: #1 Exhibit Certificate of Good Standing for Taylor Daly)(Morris, George) Modified on 10/8/2020 to include attorney name requesting appearance. (dmn, ). |
| Filing 40 Motion for Brandee J. Lowalzyk, Esq. to Appear Pro Hac Vice by Bard Peripheral Vascular Incorporated, C. R. Bard Inc. (Attachments: #1 Exhibit Certificate of Good Standing for Brandee Kowalzyk)(Morris, George) Modified on 10/8/2020 to include attorney name requesting appearance. (dmn, ) |
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Filing 39
ORDER: On September 10, 2020, the Parties filed a Joint Motion to Stay Discovery and All Pretrial Deadlines, (Doc. #37 ), pending settlement discussions. For good cause shown, this motion 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 December 22, 2020, regarding the status of the settlement discussions. If the parties have not settled the case at that time, the Court will enter an amended scheduling order. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/23/2020. (dmn, )
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| Filing 38 Case reassigned to Honorable Judge R. Austin Huffaker, Jr. Chief Judge Emily C. Marks no longer assigned to the case as presiding judge. (dmn, ) |
| Filing 37 Joint MOTION to Stay Discovery and All Pretrial Deadlines and Proposed Order by Bard Peripheral Vascular Incorporated, C. R. Bard Inc., Tangle Shealey. (Maughan, Diane) Modified on 9/11/2020 to include additional filer. (dmn, ) |
| Filing 36 Corporate/Conflict Disclosure Statement by Bard Peripheral Vascular Incorporated, C. R. Bard Inc.. (Maughan, Diane) |
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Filing 35
ORDER: Now pending before the Court is the Defendants motion to dismiss (doc. #2 ) filed on June 11, 2020. The Defendants moved to dismiss this action pursuant to Fed. R. Civ. P. 12(b)(2) for lack of personal jurisdiction. On August 31, 2020, the United States District Court for the Northern District of Texas granted the Plaintiffs motion to sever and transferred this case to this Court. (Doc.[ 27]). Accordingly, upon consideration of the motion, and for good cause, it is. ORDERED that the Defendants motion to dismiss (doc. 2) is DENIED as moot. Signed by Chief Judge Emily C. Marks on 9/4/2020. (dmn, )
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Filing 34
ORDER: Upon consideration of the parties joint stipulation of dismissal (doc. #32 ) filed on September 3, 2020, which comports with Fed.R.Civ.P. 41(a)(1)(A)(ii), the claims against Defendant McKesson Corporation are dismissed without prejudice by operation of Rule 41, on the terms agreed to and set out by the parties. Defendant McKesson Corporation is DISMISSED without prejudice as a party to this action. This case remains pending against the other Defendants. Signed by Chief Judge Emily C. Marks on 9/4/2020. (dmn, )
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Filing 33
TEXT ORDER granting #31 Motion for Leave to Withdraw Melissa Dorman Matthews and Jordan E. Jarreau as Counsel for Defendants. Signed by Chief Judge Emily C. Marks on 9/4/2020. (dmn, ) (NO PDF)
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| *** Attorney Jordan E. Jarreau and Melissa Dorman Matthews terminated pursuant to 33 Text Order. (dmn, ) (no pdf) |
| ***Attorney George LaFayette Morris, IV added for McKesson Corporation. (dmn, ) (no pdf, see Doc. #30 for pdf; filer was not selected at time of filig) |
| Filing 32 JOINT STIPULATION to Dismiss Claims against McKesson Corporation without Prejudice by McKesson Corporation, Tangle Shealey, C. R. Bard Inc., Bard Perpheral Vascular Incorporated. (Attachments: #1 Text of Proposed Order)(Maughan, Diane) Modified on 9/3/2020 to include additional filers. (dmn, ) (Additional attachment(s) added on 9/4/2020: #2 Corrected Certificate of Service) (dmn, ). |
| Filing 31 MOTION for Leave to Withdraw Melissa Dorman Matthews and Jordan E. Jarreau as Counsel for Defendants by Bard Peripheral Vascular Incorporated, C. R. Bard Inc., McKesson Corporation. (Maughan, Diane) Modified on 9/3/2020 to reflect actual title and clean up text. (dmn, ) (Additional attachment(s) added on 9/4/2020: #1 Corrected Certificate of Service) (dmn, ). |
| Filing 30 NOTICE of Appearance by George LaFayette Morris, IV on behalf of Bard Peripheral Vascular Incorporated, C. R. Bard Inc., and McKesson Corporation. (Morris, George) Modified on 9/4/2020 to add McKesson Corporation as an additional filer. (dmn, ) (Additional attachment(s) added on 9/4/2020: #1 Corrected Certificate of Service) (dmn, ). |
| Filing 29 NOTICE of Appearance by Diane Babb Maughan on behalf of Bard Peripheral Vascular Incorporated, C. R. Bard Inc., McKesson Corporation (Maughan, Diane) (Additional attachment(s) added on 9/4/2020: #1 Corrected Certificate of Service) (dmn, ). |
| Filing 28 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02649. Original file certified copy of transfer order and docket sheet received. |
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Filing 27
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 Melina Bailey's case be severed and transferred to the Lexington Division of the Eastern District of Kentucky (3:20-cv-2644 case opened); b. Plaintiff Michael Gonzalez's case be severed and transferred to the Tampa Division of the Middle District of Florida (3:20-cv-2645 case opened); c. Plaintiff Tierney Langley's case be severed and transferred to the Northern Division of the District of Maryland (3:20-cv-2646 case opened); d. Plaintiff David Laughter's case be severed and transferred to the Spartanburg Division of the District of South Carolina (3:20-cv-2647 case opened); e. Plaintiff Mickey McAdams's case be severed and transferred to the Augusta Division of the Southern District of Georgia (3:20-cv-2648 case opened); f. Plaintiff Tangle Shealey's case be severed and transferred to the Northern Division of the Middle District of Alabama (3:20-cv-2649 case opened); g. Plaintiff Patricia Summers's case be severed and transferred to the Cleveland Division of the Northern District of Ohio (3:20-cv-2650 case opened); and h. Plaintiff Gwendolyn Thomas's case be severed and transferred to the Northern District of Oklahoma (3:20-cv-2651 case opened). Plaintiff Lesley Enriquez 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 8/31/2020) (mjr) [Transferred from txnd on 9/2/2020.]
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| Filing 26 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #25 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 25 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Mickey McAdams (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
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Filing 24
ORDER: Pursuant to the parties' agreement, see ECF Nos. #19 , #23 , the Court DISMISSES WITHOUT PREJUDICE Plaintiff Beth Statman's claims against Defendants. The parties shall bear their own costs. All relief not expressly granted is DENIED. (Ordered by Judge Karen Gren Scholer on 8/26/2020) (ctf) [Transferred from txnd on 9/2/2020.]
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| Filing 23 Supplemental 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 (Matthews, Melissa) Modified title on 8/25/2020 (awc). [Transferred from txnd on 9/2/2020.] |
| 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 (Matthews, Melissa) [Transferred from txnd on 9/2/2020.] |
| Filing 21 Appendix in Support filed by Melina Bailey, Michael Gonzalez, Tierney Langley, David Laughter, Mickey McAdams, Tangle Shealey, Beth Statman, Patricia Summers, Gwendolyn Thomas re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Melina Bailey, Michael Gonzalez, Tierney Langley, David Laughter, Mickey McAdams, Tangle Shealey, Beth Statman, Patricia Summers, Gwendolyn Thomas re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by Melina Bailey, Michael Gonzalez, Tierney Langley, David Laughter, Mickey McAdams, Tangle Shealey, Beth Statman, Patricia Summers, Gwendolyn Thomas (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 18 RESPONSE AND OBJECTION filed by Melina Bailey, Lesley Enriquez, Michael Gonzalez, Tierney Langley, David Laughter, Mickey McAdams, Tangle Shealey, Beth Statman, Patricia Summers, Gwendolyn Thomas re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Melina Bailey, Lesley Enriquez, Michael Gonzalez, Tierney Langley, David Laughter, Mickey McAdams, Tangle Shealey, Beth Statman, Patricia Summers, Gwendolyn Thomas (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from txnd on 9/2/2020.] |
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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 7/22/2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (oyh) [Transferred from txnd on 9/2/2020.]
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Filing 14
(TEXT) 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 9/2/2020.] Modified on 9/2/2020 to reflect that there is NO PDF document for this entry (qc/djy, ).
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #8 MOTION to Dismiss for Lack of Jurisdiction , #2 MOTION to Dismiss for Lack of Jurisdiction filed by Melina Bailey, Lesley Enriquez, Michael Gonzalez, Tierney Langley, David Laughter, Mickey McAdams, Tangle Shealey, Beth Statman, Patricia Summers, Gwendolyn Thomas (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 8 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 7 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 9/2/2020.] |
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Filing 12
ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge David C Godbey no longer assigned to case. (Ordered by Judge David C Godbey on 6/17/2020) (axm) [Transferred from txnd on 9/2/2020.]
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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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from txnd on 9/2/2020.] |
| DEMAND for Trial by Jury by Tangle Shealey. (NO PDF document attached to this notice-see Docket entry #1 ). (djy, ) |
| COMPLAINT against Bard Peripheral Vascular Incorporated, C. R. Bard Inc., McKesson Corporation, filed by Tangle Shealey. (NO PDF Document attached to this notice-see Docket entry #1 ).(djy, ) |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| 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 9/2/2020.] |
| 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 9/2/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10908922) 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 2020-04-08 Citation Issued - C.R. Bard, #11 Exhibit(s) D-5 2020-04-08 Citation Issued - Bard, #12 Exhibit(s) D-6 2020-04-08 Citation Issued - McKesson, #13 Exhibit(s) D-7 2020-05-06 Return of Service - McKesson, #14 Exhibit(s) D-8 2020-05-22 Return of Service - C.R. Bard, #15 Exhibit(s) D-9 2020-06-04 Return of Service - Bard) (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
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