Jones v. C. R. Bard Inc et al
| Marie Jones |
| McKesson Corporation, Bard Peripheral Vascular Incorporated and C. R. Bard Inc. |
| 2:2020cv00701 |
| September 3, 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 16, 2020. A more recent docket listing may be available from PACER.
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Filing 44
TEXT ORDER granting #39 Motion for Leave to Appear Pro Hac Vice; granting #40 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, )
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| Filing 43 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Marie Jones Corporate Disclosures due by 10/26/2020. (Attachments: #1 Standing Order and Sample Format)(kh, ) |
| ***Attorney Brandee J. Kowalzyk and Taylor Tapley Daly for Bard Peripheral Vascular Incorporated and C. R. Bard Inc. added pursuant to the #39 and #40 motions. (no pdf document attached to this entry) (kh, ) |
| Filing 42 Filing fee receieved re #39 Motion to Appear Pro Hac Vice : $ 75.00, receipt number 4602059756 (kh, ) |
| Filing 41 Filing fee received re #40 Motion to Appear Pro Hac Vice : $ 75.00, receipt number 4602059757 (kh, ) |
| Filing 40 Motion 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) |
| Filing 39 Motion 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) |
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Filing 38
TEXT ORDER granting #31 Motion to Withdraw as Attorney. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/25/2020. (no pdf document attached to this entry)(kh, )
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| *** Attorney Jordan E. Jarreau and Melissa Dorman Matthews terminated pursuant to the court's 38 text order. (no pdf document attached to this entry) (kh, ) |
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Filing 37
ORDERED that the motions to dismiss (Docs. #3 , #9 ) are hereby DENIED. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/23/2020.(kh, )
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Filing 36
ORDER GRANTING #35 Joint MOTION to Stay Discovery and All Pretrial Deadlines pending settlement discussions; STAYING all pending deadlines in this case for 90 days; directing the parties to file a joint Status Report on or before 12/17/2020, regarding the status of the settlement discussions, as further set out in order. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/18/2020. (djy, )
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| Filing 35 Joint MOTION to Stay Discovery and All Pretrial Deadlines by Plaintiff and by Bard Peripheral Vascular Incorporated, C. R. Bard Inc. and Marie Jones. (Maughan, Diane) Modified on 9/14/2020 to add as filed on behalf of the plaintiff. (kh, ). |
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Filing 34
ORDER: Upon consideration of the Joint Stipulation of Dismissal of Claims against McKesson Corporation ("McKesson") (Doc. #32 ) filed on September 8, 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 9/8/2020. (kh, )
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| Filing 33 Corporate/Conflict Disclosure Statement by Bard Peripheral Vascular Incorporated, C. R. Bard Inc.. (Morris, George) |
| Filing 32 STIPULATION of Dismissal Jointly Filed by Plaintiff and by McKesson Corporation, Marie Jones, C.R. Bard, Inc, Bard Peripheral Vascular Incorporated. (Attachments: #1 Text of Proposed Order)(Maughan, Diane) Modified on 9/8/2020 to add as filed on behalf of additional parties. (kh, ). |
| Filing 31 MOTION to Withdraw as Attorney by Melissa Dorman Matthews and Jordan E. Jarreau by Bard Peripheral Vascular Incorporated, C. R. Bard Inc., McKesson Corporation. (Maughan, Diane) |
| Filing 30 NOTICE of Appearance by George LaFayette Morris, IV on behalf of Bard Peripheral Vascular Incorporated, C. R. Bard Inc., McKesson Corporation (Morris, George) |
| Filing 29 NOTICE of Appearance by Diane Babb Maughan on behalf of Bard Peripheral Vascular Incorporated, C. R. Bard Inc., McKesson Corporation (Maughan, Diane) |
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Filing 28
ORDERED that the parties' FED.R.CIV.P. 26(f) Report containing the discovery plan shall be filed as soon as practicable but not later than September 29, 2020, as further set. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/8/2020. (kh, )
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| Filing 27 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02686. Original file certified copy of transfer order and docket sheet received. |
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Filing 26
MEMORANDUM OPINION AND ORDER #20 Unopposed 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 Rudy Adkinss case be severed and transferred to the Toledo Division of the Northern District of Ohio (Civil case 3:20-cv-2683-S opened); b. Plaintiff Reginald Crosbys case be severed and transferred to the Eastern Division of the Northern District of Illinois (Civil case 3:20-cv-2684-S opened); c. Plaintiff Darcy Duncans case be severed and transferred to the Syracuse Division of the Northern District of New York (Civil case 3:20-cv-2685-S opened); d. Plaintiff Marie Joness case be severed and transferred to the Northern Division of the Middle District of Alabama (Civil case 3:20-cv-2686-S opened);e. Plaintiff Jeffrey Osborns case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil case 3:20-cv-2687-S opened);f. Plaintiff Stephen Pietericks case be severed and transferred to the San Antonio Division of the Western District of Texas (Civil case 3:20-cv-2688-S opened);g. Plaintiff Norma Renterias case be severed and transferred to the Las Cruces Division of the District of New Mexico (Civil case 3:20-cv-2689-S opened);h. Plaintiff Steve Robersons case be severed and transferred to the Charlotte Division of the Western District of North Carolina (Civil case 3:20-cv-2690-S opened);i. Plaintiff Katherine Sepelaks case be severed and transferred to the New Haven Division of the District of Connecticut (Civil case 3:20-cv-2691-S opened). Plaintiff Elzie Newsom 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 8/31/2020) (axm) [Transferred from txnd on 9/4/2020.]
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| Filing 25 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #24 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 9/4/2020.] |
| Filing 24 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Reginald Crosby (Schulte, Steven) [Transferred from txnd on 9/4/2020.] |
| Filing 23 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 9/4/2020.] |
| Filing 22 Appendix in Support filed by Ruby Adkins, Reginald Crosby, Darcy Duncan, Marie Jones, Elzie Newsom, Jeffrey Osborn, Stephen Pieterick, Norma Renteria, Steve Roberson, Katherine Sepelak re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from txnd on 9/4/2020.] |
| Filing 21 Brief/Memorandum in Support filed by Ruby Adkins, Reginald Crosby, Darcy Duncan, Marie Jones, Elzie Newsom, Jeffrey Osborn, Stephen Pieterick, Norma Renteria, Steve Roberson, Katherine Sepelak re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 9/4/2020.] |
| Filing 20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Ruby Adkins, Reginald Crosby, Darcy Duncan, Marie Jones, Elzie Newsom, Jeffrey Osborn, Stephen Pieterick, Norma Renteria, Steve Roberson, Katherine Sepelak (Schulte, Steven) [Transferred from txnd on 9/4/2020.] |
| Filing 19 RESPONSE filed by Ruby Adkins, Reginald Crosby, Darcy Duncan, Marie Jones, Elzie Newsom, Jeffrey Osborn, Stephen Pieterick, Norma Renteria, Steve Roberson, Katherine Sepelak re: #3 MOTION to Dismiss for Lack of Jurisdiction , #9 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from txnd on 9/4/2020.] |
| Filing 18 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Ruby Adkins, Reginald Crosby, Darcy Duncan, Marie Jones, Elzie Newsom, Jeffrey Osborn, Stephen Pieterick, Norma Renteria, Steve Roberson, Katherine Sepelak (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from txnd on 9/4/2020.] |
| Filing 17 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 9/4/2020.] |
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Filing 16
***DISREGARD, WRONG ORDER***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) (mla) Modified on 7/16/2020 (mla). [Transferred from txnd on 9/4/2020.]
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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 9/4/2020.]
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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 9/4/2020.] Modified on 9/4/2020 to reflect 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 #3 MOTION to Dismiss for Lack of Jurisdiction , #9 MOTION to Dismiss for Lack of Jurisdiction filed by Ruby Adkins, Reginald Crosby, Darcy Duncan, Marie Jones, Elzie Newsom, Jeffrey Osborn, Stephen Pieterick, Norma Renteria, Steve Roberson, Katherine Sepelak (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/4/2020.] |
| DEMAND for Trial by Jury by McKesson Corporation. (NO PDF document attached to this notice-See Docket entry #11 ). (djy, ) |
| DEMAND for Trial by Jury by Bard Peripheral Vascular Incorporated, C. R. Bard Inc. (NO PDF document attached to this notice-See Docket Entry #8 ). (djy, ) |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from txnd on 9/4/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from txnd on 9/4/2020.] |
| 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 9/4/2020.] |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from txnd on 9/4/2020.] |
| 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 9/4/2020.] |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from txnd on 9/4/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from txnd on 9/4/2020.] |
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Filing 5
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 6/10/2020) (svc) [Transferred from txnd on 9/4/2020.]
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| DEMAND for Trial by Jury by Marie Jones. (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 Marie Jones. (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 re #3 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from txnd on 9/4/2020.] |
| Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from txnd on 9/4/2020.] |
| 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from txnd on 9/4/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10900478) 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 2020-04-07 Original Petition, #8 Exhibit(s) D-2 2020-04-07 Civil Case Info. Sheet, #9 Exhibit(s) D-3 2020-04-07 Jury Demand, #10 Exhibit(s) D-4 2020-04-07 Citation Issued - Bard Peripheral, #11 Exhibit(s) D-5 2020-04-07 Citation Issued - C.R. Bard, #12 Exhibit(s) D-6 2020-04-07 Citation Issued - McKesson, #13 Exhibit(s) D-7 2020-06-04 State Court Docket, #14 Exhibit(s) D-8 2020-05-06 Return of Service - McKesson Corp, #15 Exhibit(s) D-9 2020-05-22 Return of Service - C.R. Bard) (Jarreau, Jordan) [Transferred from txnd on 9/4/2020.] |
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