Listul v. C. R. Bard Inc. et al
Plaintiff: Sharon Listul
Defendant: McKesson Corporation, C. R. Bard, Inc. and Bard Peripheral Vascular, Inc.
Case Number: 2:2020cv00695
Filed: September 2, 2020
Court: US District Court for the Middle District of Alabama
Presiding Judge: Jerusha T Adams
Referring Judge: R Austin Huffaker
2 Judge: William Keith Watkins
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 16, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 16, 2020 Opinion or Order Filing 42 TEXT ORDER granting #38 Motion for Leave to Appear Pro Hac Vice; granting #39 Motion for Leave to Appear Pro Hac Vice. Signed by Honorable Judge R. Austin Huffaker, Jr on 10/16/2020. (no pdf document attached to this entry)(kh, )
October 7, 2020 Filing 41 Received pro hac vice Filing fee re: #39 motion $ 75.00, receipt number 4602059759 (djy, )
October 7, 2020 Filing 40 Pro Hac Vice Filing fee received re: #38 motion $ 75.00, receipt number 4602059758 (djy, )
October 5, 2020 ***Attorney Taylor Tapley Daly for Bard Peripheral Vascular, Inc.,Taylor Tapley Daly for C. R. Bard, Inc. added pursuant to #39 motion (NO PDF document attached to this notice). (djy, )
October 5, 2020 ***Attorney Brandee J. Kowalzyk for Bard Peripheral Vascular, Inc.,Brandee J. Kowalzyk for C. R. Bard, Inc. added pursuant to #38 motion (NO PDF document attached to this notice). (djy, )
October 5, 2020 Filing 39 Motion 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)
October 5, 2020 Filing 38 Motion 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)
September 25, 2020 Opinion or Order Filing 37 ORDERED that the Defendants' motions to dismiss (Docs. #2 , #7 ) are hereby DENIED as moot due to the transfer of this case to this Court. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/25/2020.(kh, )
September 22, 2020 Filing 36 Case reassigned to Honorable Judge R. Austin Huffaker, Jr. Honorable Judge William Keith Watkins no longer assigned to the case as presiding judge. (djy, )
September 14, 2020 Opinion or Order Filing 35 ORDER GRANTING #33 Joint MOTION to Stay; STAYING discovery and All Pretrial Deadlines until 12/11/2020; no later than 12/11/2020, the parties are directed to file a joint report as to the status of their settlement negotiations. Signed by Honorable Judge William Keith Watkins on 9/14/2020. (djy, )
September 11, 2020 *** Attorney Diane Babb Maughan and George LaFayette Morris, IV terminated pursuant to #34 order (NO PDF document attached to this notice). (djy, )
September 11, 2020 Opinion or Order Filing 34 ORDER: Upon consideration of the parties' Joint Stipulation of Dismissal (Doc. #30 ), which comports with Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, Plf's action against McKesson Corporation has been dismissed without prejudice by operation of Rule 41, on the terms agreed to and set out by the parties. The Clerk of the Court is DIRECTED to update the court's electronic record to reflect McKesson Corporations dismissal as a def. Signed by Honorable Judge William Keith Watkins on 9/11/2020. (Attachments: #1 Civil Appeals Checklist)(cwl, )
September 10, 2020 Filing 33 Joint MOTION to Stay Discovery and All Pretrial Deadlines by Plaintiff and by Bard Peripheral Vascular, Inc., C. R. Bard, Inc.. (Maughan, Diane)
September 9, 2020 ***PURSUANT TO THE COURT'S 32 TEXT ORDER - Attorney Melissa Dorman Matthews; Jordan E. Jarreau and Jessica Junek terminated for all Dfts. (No PDF attached to this entry) (bes, )
September 9, 2020 Opinion or Order Filing 32 TEXT ORDER: It is ORDERED that #29 Motion to Withdraw as Attorney by Melissa Dorman Matthews, Jessica Junek, and Jordan E. Jarreau, dated 09/08/2020 is GRANTED. Signed by Honorable Judge William Keith Watkins on 09/09/2020. (No PDF attached to this entry) (bes, )
September 8, 2020 Filing 31 Corporate/Conflict Disclosure Statement by Bard Peripheral Vascular, Inc., C. R. Bard, Inc.. (Morris, George)
September 8, 2020 Filing 30 STIPULATION of Dismissal Jointly Filed by Plaintiff and by McKesson Corporation. (Attachments: #1 Text of Proposed Order)(Maughan, Diane)
September 8, 2020 Filing 29 MOTION to Withdraw as Attorney by Melissa Dorman Matthews, Jessica Junek, and Jordan E. Jarreau by Bard Peripheral Vascular, Inc., C. R. Bard, Inc., McKesson Corporation. (Maughan, Diane)
September 8, 2020 Filing 28 NOTICE of Appearance by George LaFayette Morris, IV on behalf of Bard Peripheral Vascular, Inc., C. R. Bard, Inc., McKesson Corporation (Morris, George)
September 8, 2020 Filing 27 NOTICE of Appearance by Diane Babb Maughan on behalf of Bard Peripheral Vascular, Inc., C. R. Bard, Inc., McKesson Corporation (Maughan, Diane)
September 4, 2020 Filing 26 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02633. Original file certified copy of transfer order and docket sheet received.
August 31, 2020 Opinion or Order Filing 25 MEMORANDUM OPINION AND ORDER grants #17 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 Katherine Bishop's case be severed and transferred to the Eastern Division of the Southern District of Mississippi (Civil case 3:20-cv-2628 opened); b. Plaintiff Linda Cattles's case be severed and transferred to the Charleston Division of the District of South Carolina (Civil case 3:20-cv-2629 opened); c. Plaintiff Carol Gump's case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil case 3:20-cv-2630 opened); d. Plaintiff Melvin Haley's case be severed and transferred to the Northern Division of the Southern District of Mississippi (Civil case 3:20-cv-2631 opened); e. Plaintiff Chelsea Jackson's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (Civil case 3:20-cv-2632 opened); f. Plaintiff Sharon Listul's case be severed and transferred to the Northern Division of the Middle District of Alabama (Civil case 3:20-cv-2633 opened); g. Plaintiff Annie Newton's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (Civil case 3:20-cv-2634 opened); and h. Plaintiff Dolores Wiedner's case be severed and transferred to the St. Paul Division of the District of Minnesota (Civil case 3:20-cv-2635 opened). Plaintiff Michael Landers 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) (jmg) [Transferred from txnd on 9/4/2020.]
August 26, 2020 Opinion or Order Filing 24 ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Carol Loftus's claims against Defendants. The parties shall bear their own costs. All Party Carol Loftus terminated. (Ordered by Judge Karen Gren Scholer on 8/26/2020) (axm) [Transferred from txnd on 9/4/2020.]
August 24, 2020 Filing 23 Supplemental RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) Modified title on 8/25/2020 (awc). [Transferred from txnd on 9/4/2020.]
August 14, 2020 Filing 22 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 9/4/2020.]
August 8, 2020 Filing 21 NOTICE of Filing Completed Forms for Each Plaintiff re: #20 Order Setting Deadline/Hearing, filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) Exhibit A) (Matthews, Melissa) [Transferred from txnd on 9/4/2020.]
August 4, 2020 Opinion or Order Filing 20 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 8/10/2020. (Ordered by Judge Karen Gren Scholer on 8/4/2020) (ctf) [Transferred from txnd on 9/4/2020.]
August 3, 2020 Filing 19 Appendix in Support filed by Katherine Bishop, Linda Cattles, Carol Gump, Melvin Haley, Chelsea Jackson, Michael Landers, Sharon Listul, Carol Loftus, Annie Newton, Dolores Wiedner re #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 9/4/2020.]
August 3, 2020 Filing 18 Brief/Memorandum in Support filed by Katherine Bishop, Linda Cattles, Carol Gump, Melvin Haley, Chelsea Jackson, Michael Landers, Sharon Listul, Carol Loftus, Annie Newton, Dolores Wiedner re #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 9/4/2020.]
August 3, 2020 Filing 17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Katherine Bishop, Linda Cattles, Carol Gump, Melvin Haley, Chelsea Jackson, Michael Landers, Sharon Listul, Carol Loftus, Annie Newton, Dolores Wiedner (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/4/2020.]
August 3, 2020 Filing 16 RESPONSE filed by Katherine Bishop, Linda Cattles, Carol Gump, Melvin Haley, Chelsea Jackson, Michael Landers, Sharon Listul, Carol Loftus, Annie Newton, Dolores Wiedner re: #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) [Transferred from txnd on 9/4/2020.]
July 22, 2020 Filing 15 NOTICE of Filing Completed Forms For Each Plaintiff filed by Katherine Bishop, Linda Cattles, Carol Gump, Melvin Haley, Chelsea Jackson, Michael Landers, Sharon Listul, Carol Loftus, Annie Newton, Dolores Wiedner (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from txnd on 9/4/2020.]
July 7, 2020 Opinion or Order Filing 14 ORDER: This civil action is transferred to the docket of Judge Karen Gren Scholer. All future pleadings shall be filed under Civil Action No. 3:20-CV-1556-S. (Ordered by Senior Judge Sidney A Fitzwater on 7/7/2020) (aaa) [Transferred from txnd on 9/4/2020.]
June 29, 2020 Opinion or Order Filing 13 ORDER granting Parties' #12 Agreed Motion for Leave to Extend the Time. It is ORDERED that the Plaintiffs have until 8/3/2020 to respond to Defendants' #2 and #7 Motions to Dismiss. It is further ORDERED that Defendants have until 9/3/2020 to file replies. (Ordered by Senior Judge Sidney A Fitzwater on 6/29/2020) (twd) [Transferred from txnd on 9/4/2020.]
June 29, 2020 Filing 12 MOTION for Extension of Time to File Response/Reply to #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #7 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by Katherine Bishop, Linda Cattles, Carol Gump, Melvin Haley, Chelsea Jackson, Michael Landers, Sharon Listul, Carol Loftus, Annie Newton, Dolores Wiedner (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/4/2020.]
June 17, 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 #9 & #10 ). (djy, )
June 17, 2020 Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 11 replaced with the document flattened on 6/18/2020) (pnp). [Transferred from txnd on 9/4/2020.]
June 17, 2020 Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Junek, Jessica) [Transferred from txnd on 9/4/2020.]
June 17, 2020 Filing 9 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from txnd on 9/4/2020.]
June 17, 2020 Filing 8 Brief/Memorandum in Support filed by McKesson Corporation re #7 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Junek, Jessica) [Transferred from txnd on 9/4/2020.]
June 17, 2020 Filing 7 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 txnd on 9/4/2020.]
June 12, 2020 DEMAND for Trial by Jury by Sharon Listul. (NO PDF document attached to this notice-See Docket entry #1 ). (djy, )
June 12, 2020 COMPLAINT against Bard Peripheral Vascular, Inc., C. R. Bard, Inc., McKesson Corporation, filed by Sharon Listul.(NO PDF document attached to this notice-See Docket entry #1 ).(djy, )
June 12, 2020 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 9/4/2020.]
June 12, 2020 Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Junek, Jessica) [Transferred from txnd on 9/4/2020.]
June 12, 2020 Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Junek, Jessica) [Transferred from txnd on 9/4/2020.]
June 12, 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 txnd on 9/4/2020.]
June 12, 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 txnd on 9/4/2020.]
June 12, 2020 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10911511) 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 txnd on 9/4/2020.]

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Search for this case: Listul v. C. R. Bard Inc. et al
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Defendant: McKesson Corporation
Represented By: Jessica Junek
Represented By: Melissa Dorman Matthews
Represented By: Jordan E. Jarreau
Represented By: Diane Babb Maughan
Represented By: George LaFayette Morris, IV
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Defendant: C. R. Bard, Inc.
Represented By: Jessica Junek
Represented By: Melissa Dorman Matthews
Represented By: Jordan E. Jarreau
Represented By: Brandee J. Kowalzyk
Represented By: Diane Babb Maughan
Represented By: George LaFayette Morris, IV
Represented By: Taylor Tapley Daly
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Defendant: Bard Peripheral Vascular, Inc.
Represented By: Jessica Junek
Represented By: Melissa Dorman Matthews
Represented By: Jordan E. Jarreau
Represented By: Brandee J. Kowalzyk
Represented By: Diane Babb Maughan
Represented By: George LaFayette Morris, IV
Represented By: Taylor Tapley Daly
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Plaintiff: Sharon Listul
Represented By: Steven Scott Schulte
Represented By: Eric Martin Przybysz
Represented By: Darren McDowell
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