Smith v. C R Bard Inc et al
Melvin Smith |
Bard Peripheral Vascular Inc, C R Bard Inc and McKesson Corporation |
1:2020cv01303 |
September 1, 2020 |
US District Court for the Northern District of Alabama |
Eastern Office |
Corey L Maze |
Personal Inj. Prod. Liability |
28 U.S.C. § 1332 nr |
Both |
Docket Report
This docket was last retrieved on October 5, 2020. A more recent docket listing may be available from PACER.
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Filing 41 TEXT ORDER granting #39 MOTION for Leave to Appear Pro Hac Vice for Brandee J. Kowalzyk and #40 MOTION for Leave to Appear Pro Hac Vice for Taylor T. Daly. Signed by Judge Corey L. Maze on 10/5/2020. (SRD) |
Filing 40 MOTION for Leave to Appear Pro Hac Vice for Taylor T. Daly by Bard Peripheral Vascular Inc, C R Bard Inc. (Attachments: #1 Exhibit Certificate of Good Standing for Taylor Daly)(Morris, George) |
Filing 39 MOTION for Leave to Appear Pro Hac Vice for Brandee J. Kowalzyk by Bard Peripheral Vascular Inc, C R Bard Inc. (Attachments: #1 Exhibit Certificate of Good Standing for Brandee Kowalzyk)(Morris, George) |
PHV Fee paid: $ 75, receipt number 1126-3685714(B4601108816). (Morris, George) Modified on 10/2/2020 (MEB2). |
PHV Fee paid: $ 75, receipt number 1126-3685718(B4601108817). (Morris, George) Modified on 10/2/2020 (MEB2). |
Filing 38 TEXT ORDER: the Court considers the Motion to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction #2 by C R Bard and Bard Peripheral Vascular MOOT due to #26 . Likewise, the Court considers the Motion to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction #8 by McKesson MOOT due to #26 . Signed by Judge Corey L. Maze on 9/14/2020. (SRD) |
Filing 37 TEXT ORDER: the Court GRANTS the Joint Motion to Stay Discovery and All Pretrial Deadlines #35 by both parties. All deadlines are extended 90 days. Signed by Judge Corey L. Maze on 9/14/2020. (SRD) |
Filing 36 ORDER OF DISMISSAL Plaintiff Melvin Smith's claims against McKesson Corporation are hereby DISMISSED WITHOUT PREJUDICE. Signed by Judge Corey L. Maze on 9/14/2020. (SRD) |
Filing 35 Joint MOTION to Stay Discovery and All Pretrial Deadlines by Plaintiff and by Bard Peripheral Vascular Inc, C R Bard Inc. (Maughan, Diane) |
Filing 34 STIPULATION of Dismissal Amended and filed Jointly by Plaintiff and by McKesson Corporation. filed by McKesson Corporation (Attachments: #1 Text of Proposed Order)(Maughan, Diane) |
Filing 33 STIPULATION of Dismissal Amended and Jointly Filed by Plaintiff and by McKesson Corporation. filed by McKesson Corporation (Maughan, Diane) |
Filing 32 TEXT ORDER granting #30 Motion to Withdraw as Attorney. Attorney Melissa Dorman Matthews, Jordan E Jarreau, and Jessica Junek terminated. Signed by Judge Corey L. Maze on 9/3/2020. (SRD) |
Filing 31 STIPULATION of Dismissal Jointly Filed by Plaintiff and by McKesson Corporation. filed by McKesson Corporation (Maughan, Diane) |
Filing 30 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) |
Filing 29 NOTICE of Appearance by George L Morris, IV on behalf of Bard Peripheral Vascular Inc, C R Bard Inc (Morris, George) |
Filing 28 NOTICE of Appearance by Diane B Maughan on behalf of Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Maughan, Diane) |
Filing 27 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02625. Original file certified copy of transfer order and docket sheet received. |
Filing 26 MEMORANDUM OPINION AND ORDER Grants #20 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 Denise Cheeks's case be severed and transferred to the Alexandria Division of the Eastern District of Virginia (3:20-cv-2620 case opened); b. Plaintiff Stephanie McDade's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (3:20-cv-2621 case opened); c. Plaintiff Adrian Murray's case be severed and transferred to the Southern Division of the Western District of Missouri (3:20-cv-2622 case opened); d. Plaintiff Shai Payne's case be severed and transferred to the Eastern Division of the Eastern District of Missouri (3:20-cv-2623 case opened); e. Plaintiff Merline Salmon's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (3:20-cv-2624 case opened); f. Plaintiff Melvin Smith's case be severed and transferred to the Eastern Division of the Northern District of Alabama (3:20-cv-2625 case opened); g. Plaintiff Robin Smith's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (3:20-cv-2626); and h. Plaintiff Sharon Spangler's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (3:20-cv-2627 case opened). Plaintiff Sharon Lynch 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) (mjr) [Transferred from Texas Northern on 9/1/2020.] |
Filing 25 ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Janice Newson's claims against Defendants. The parties shall bear their own costs. Party Janice Newson terminated. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (axm) [Transferred from Texas Northern on 9/1/2020.] |
Filing 24 Supplemental RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #20 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 Texas Northern on 9/1/2020.] |
Filing 23 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #20 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) [Transferred from Texas Northern on 9/1/2020.] |
Filing 22 Appendix in Support filed by Denise Cheeks, Stephanie McDade, Adrian Murray, Janice Newson, Shai Payne, Merline Salmon, Melvin Smith, Robin Smith, Sharon Spangler re #20 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from Texas Northern on 9/1/2020.] |
Filing 21 Brief/Memorandum in Support filed by Denise Cheeks, Stephanie McDade, Adrian Murray, Janice Newson, Shai Payne, Merline Salmon, Melvin Smith, Robin Smith, Sharon Spangler re #20 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from Texas Northern on 9/1/2020.] |
Filing 20 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division filed by Denise Cheeks, Stephanie McDade, Adrian Murray, Janice Newson, Shai Payne, Merline Salmon, Melvin Smith, Robin Smith, Sharon Spangler (Attachments: #1 Proposed Order) (Schulte, Steven) Modified on 8/26/2020 (ali). [Transferred from Texas Northern on 9/1/2020.] |
Filing 19 RESPONSE AND OBJECTION filed by Denise Cheeks, Sharon Lynch, Stephanie McDade, Adrian Murray, Janice Newson, Shai Payne, Merline Salmon, Melvin Smith, Robin Smith, Sharon Spangler re: #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 9/1/2020.] |
Filing 18 **DISREGARD- incorrect case number.** RESPONSE AND OBJECTION filed by Denise Cheeks, Sharon Lynch, Stephanie McDade, Adrian Murray, Janice Newson, Shai Payne, Merline Salmon, Melvin Smith, Robin Smith, Sharon Spangler re: #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) Modified on 8/4/2020 (dsr). [Transferred from Texas Northern on 9/1/2020.] |
Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Denise Cheeks, Sharon Lynch, Stephanie McDade, Adrian Murray, Janice Newson, Shai Payne, Merline Salmon, Melvin Smith, Robin Smith, Sharon Spangler (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 9/1/2020.] |
Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from Texas Northern on 9/1/2020.] |
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 Texas Northern on 9/1/2020.] |
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 Texas Northern on 9/1/2020.] |
Filing 13 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, #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by Denise Cheeks, Sharon Lynch, Stephanie McDade, Adrian Murray, Janice Newson, Shai Payne, Merline Salmon, Melvin Smith, Robin Smith, Sharon Spangler (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/1/2020.] |
Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 12 replaced with the document flattened on 6/18/2020) (pnp). [Transferred from Texas Northern on 9/1/2020.] |
Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Junek, Jessica) [Transferred from Texas Northern on 9/1/2020.] |
Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from Texas Northern on 9/1/2020.] |
Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Junek, Jessica) [Transferred from Texas Northern on 9/1/2020.] |
Filing 8 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 Texas Northern on 9/1/2020.] |
Filing 7 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 6/15/2020) (svc) [Transferred from Texas Northern on 9/1/2020.] |
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 Texas Northern on 9/1/2020.] |
Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Junek, Jessica) [Transferred from Texas Northern on 9/1/2020.] |
Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Junek, Jessica) [Transferred from Texas Northern on 9/1/2020.] |
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 Texas Northern on 9/1/2020.] |
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 Texas Northern on 9/1/2020.] |
Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10911897) 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 Notice of Initial Dismissal Hearing, #17 Exhibit(s) D-11 Return of Service - Bard Peripheral) (Junek, Jessica) [Transferred from Texas Northern on 9/1/2020.] |
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