Allen et al v. C.R. Bard, Inc. et al
| Linda Allen |
| C.R. Bard Inc and Bard Peripheral Vascular Inc |
| 2:2019cv01879 |
| November 19, 2019 |
| US District Court for the Northern District of Alabama |
| Southern Office |
| John H England |
| Madeline Hughes Haikala |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on December 5, 2019. A more recent docket listing may be available from PACER.
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Filing 51
ORDER - The parties have filed a Joint Stipulation of Dismissal Without Prejudice. (Doc. #50 ). The Court ORDERS that this action is DISMISSED WITHOUT PREJUDICE, with each party to bear her or its own costs and attorney fees. Signed by Judge Madeline Hughes Haikala on 12/5/2019. (KEK)
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| Filing 50 STIPULATION of Dismissal Without Prejudice by Bard Peripheral Vascular Inc, C.R. Bard Inc. filed by Bard Peripheral Vascular Inc, C.R. Bard Inc (Morris, George) |
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Filing 49
INITIAL ORDER. Signed by Judge Madeline Hughes Haikala on 12/5/2019. (KEK)
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| Filing 48 NOTICE OF REASSIGNMENT The parties having not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, the above styled civil action has been randomly reassigned to the Honorable Madeline Hughes Haikala. Please use case number 2:19 CV 1879 MHH on all subsequent pleadings. (AKD) |
| NOTICE: Telephone Conference set for December 19, 2019 at 10:15am is CANCELLED. (AKD) |
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Filing 47
ORDER REGARDING COMPLIANCE WITH RULE 26(f) Signed by Magistrate Judge John H England, III on 11/21/2019. (AKD)
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Filing 46
ORDER - Pursuant to the General Order For Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, dated January 2, 2015, the parties are REQUIRED to enter an election regarding the exercise of dispositive jurisdiction by a magistrate judge pursuant to 28 U.S.C. 636(c) no later than January 3, 2020. In the absence of consent by all parties, the Clerk is hereby DIRECTED to reassign the case to a district judge without further order after January 3, 2020. A telephone status conference is hereby SET for December 19, 2019 at 10:15 a.m. The parties are DIRECTED to call 877-873-8017 to access the telephone conference. The access code is 4577302. The telephone conference will be cancelled if all forms are submitted twenty-four hours in advance.Signed by Magistrate Judge John H England, III on 11/21/2019. (AKD)
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| Filing 45 Corporate Disclosure Statement by Bard Peripheral Vascular Inc, C.R. Bard Inc. filed by Bard Peripheral Vascular Inc, C.R. Bard Inc (Morris, George) |
| Filing 44 NOTICE of Appearance by George L Morris, IV on behalf of Bard Peripheral Vascular Inc, C.R. Bard Inc (Morris, George) |
| Filing 43 NOTICE of Appearance by Diane B Maughan on behalf of Bard Peripheral Vascular Inc, C.R. Bard Inc (Maughan, Diane) |
| Filing 42 NOTICE REGARDING CONSENT of a magistrate judge in a civil action. (KEK) |
| Filing 41 Case transferred in from District of Missouri Eastern; Case Number 4:17-cv-00770. Original file certified copy of transfer order and docket sheet received. |
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Filing 40
MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that the motion to dismiss plaintiff David Eggen [ #31 ] is granted only to the following extent: the claims of David Eggen are dismissed without prejudice. IT IS HEREBY ORDERED that the sole remaining plaintiff in this case, Linda Finney, shall file her operative complaint in this case with this case caption as previously ordered (Doc. #27 ) by November 25, 2019. If Document 1 is the operative complaint, plaintiffs counsel shall file an affidavit so stating by that same date. IT IS FURTHER ORDERED that by November 25, 2019, the parties shall file a joint proposed scheduling plan for disposition of the claims of the remaining plaintiff. This scheduling plan shall include a proposed deadline for early alternative dispute resolution as, absent good cause shown, it is this Court's intention to immediately refer this case to mediation. ( Joint Scheduling Plan due by 11/25/2019.) Signed by District Judge Rodney W. Sippel on 11/19/2019. (NEP) [Transferred from Missouri Eastern on 11/19/2019.]
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Filing 39
MEMORANDUM AND ORDER OF TRANSFER... IT IS HEREBY ORDERED that the motion to transfer #33 is granted and the claims of Anthony Atkins are severed and transferred to the United States District Court for the Southern District of Florida. IT IS FURTHER ORDERED that plaintiff Atkins motion to withdraw [ #30 ] is denied without prejudice to being refiled in the Southern District of Florida. Signed by District Judge Rodney W. Sippel on 11/19/2019. (NEP) [Transferred from Missouri Eastern on 11/19/2019.]
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Filing 38
MEMORANDUM AND ORDER OF TRANSFER...IT IS HEREBY ORDERED that the motion to transfer [ #33 ] is granted and the claims of Linda Taylor are severed and transferred to the United States District Court for the Middle District of Louisiana. Signed by District Judge Rodney W. Sippel on 11/19/2019. (NEP) [Transferred from Missouri Eastern on 11/19/2019.]
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Filing 37
MEMORANDUM AND ORDER OF TRANSFER... IT IS HEREBY ORDERED that the motion to transfer [ #33 ] is granted and the claims of Janet Knaflich are severed and transferred to the United States District Court for the Northern District of Ohio. Signed by District Judge Rodney W. Sippel on 11/19/2019. (NEP) [Transferred from Missouri Eastern on 11/19/2019.]
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Filing 36
MEMORANDUM AND ORDER OF TRANSFER... IT IS HEREBY ORDERED that the motion to transfer [ #33 ] is granted and the claims of Angela Korean Hevener are severed and transferred to the United States District Court for the Eastern District of Pennsylvania. Signed by District Judge Rodney W. Sippel on 11/19/2019. (NEP) [Transferred from Missouri Eastern on 11/19/2019.]
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Filing 35
MEMORANDUM AND ORDER OF TRANSFER... IT IS HEREBY ORDERED that the motion to transfer [ #33 ] is granted and the claims of Clint Clark are severed and transferred to the United States District Court for the Southern District of Florida. Signed by District Judge Rodney W. Sippel on 11/19/2019. (NEP) [Transferred from Missouri Eastern on 11/19/2019.]
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Filing 34
MEMORANDUM AND ORDER OF TRANSFER...IT IS HEREBY ORDERED that the motion to transfer [ #33 ] is granted and the claims of Linda Allen and Lumas Allen are severed and transferred to the United States District Court for the Northern District of Alabama. Signed by District Judge Rodney W. Sippel on 11/19/2019. (NEP) [Transferred from Missouri Eastern on 11/19/2019.]
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| Filing 33 MOTION to Transfer Case to Various Districts, As Detailed Within by Plaintiffs Linda Allen, Anthony Atkins, Clint Clark, David T. Eggen, Angela Korean Hevener, Janet Knaflich, Linda M. Taylor. (Pals, Gregory) [Transferred from Missouri Eastern on 11/19/2019.] |
| Filing 32 MEMORANDUM in Opposition re #31 MOTION to Dismiss Party Plaintiff David T. Eggen filed by Plaintiff David T. Eggen. (Pals, Gregory) [Transferred from Missouri Eastern on 11/19/2019.] |
| Filing 31 MOTION to Dismiss Party Plaintiff David T. Eggen by Defendants Bard Peripheral Vascular, Inc., C.R. Bard, Inc.. (Attachments: #1 Exhibit A)(Stubbs, Kara) [Transferred from Missouri Eastern on 11/19/2019.] |
| Filing 30 MOTION to Withdraw as Attorney as to Anthony Atkins Only ;attorney/firm The Driscoll Firm, P.C.; John J. Driscoll; Gregory J. Pals by Plaintiff Anthony Atkins. (Pals, Gregory) [Transferred from Missouri Eastern on 11/19/2019.] |
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Filing 29
Docket Text ORDER: Re: #28 Consent MOTION to Dismiss Party As to Specified Plaintiffs ONLY by Stipulation, pursuant to F.R.Civ.P. 41(a)(1)(A)(ii), by Plaintiffs Michelle Draper, Frederick Ferriso, LaQuita Moran, James C. Vaughn, Vanessa Walker, Amy L. White, Sammie Winters, Brenda A. Woods. (Pals, Gregory) filed by Michelle Draper, Sammie Winters, LaQuita Moran, Amy L. White, Vanessa Walker, Frederick Ferriso, Brenda A. Woods, James C. Vaughn; ORDERED GRANTED, LaQuita Moran, James C. Vaughn, Vanessa Walker, Amy L. White, Sammie Winters, Brenda A. Woods, Michelle Draper (Individually and as Anticipated Representative of the Estate of Stacy Draper) and Frederick Ferriso terminated. Signed by District Judge Rodney W. Sippel on 10/23/19. (KEK) [Transferred from Missouri Eastern on 11/19/2019.]
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| Filing 28 Consent MOTION to Dismiss Party As to Specified Plaintiffs ONLY by Stipulation, pursuant to F.R.Civ.P. 41(a)(1)(A)(ii), by Plaintiffs Michelle Draper, Frederick Ferriso, LaQuita Moran, James C. Vaughn, Vanessa Walker, Amy L. White, Sammie Winters, Brenda A. Woods. (Pals, Gregory) [Transferred from Missouri Eastern on 11/19/2019.] |
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Filing 27
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the status conference set for October 24, 2019 is vacated. IT IS FURTHER ORDERED that, by November 15, 2019, plaintiffs shall notify the Court of their intention to proceed in this forum or request transfer(s) to other district court(s). If plaintiffs elect to proceed in this forum, then they should file in this Court with this case caption their operative complaint by that same date, if the operative complaint is one other than that currently filed as Document #1 in this case. Signed by District Judge Rodney W. Sippel on 10/22/19. (KEK) [Transferred from Missouri Eastern on 11/19/2019.]
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| Filing 26 MEMORANDUM Regarding Background and Status of Litigation by Defendants Bard Peripheral Vascular, Inc., C.R. Bard, Inc.. (Attachments: #1 Attachment DKT 19444-4, #2 Attachment EXHIBIT 1 - DKT 19444-1)(Stubbs, Kara) [Transferred from Missouri Eastern on 11/19/2019.] |
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Filing 25
ORDER: Status Conference reset for 10/24/2019 01:00 PM in Chambers before District Judge Rodney W. Sippel. Signed by District Judge Rodney W. Sippel on 10/15/19. (ARL) [Transferred from Missouri Eastern on 11/19/2019.]
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| Filing 24 MEMORANDUM to the Court Re: Removal of Plaintiffs by Defendants Bard Peripheral Vascular, Inc., C.R. Bard, Inc.. (Attachments: #1 Exhibit A)(Stubbs, Kara) [Transferred from Missouri Eastern on 11/19/2019.] |
| Filing 23 ENTRY of Appearance by Pamela J Marple for Defendants Bard Peripheral Vascular, Inc., C.R. Bard, Inc.. (Marple, Pamela) [Transferred from Missouri Eastern on 11/19/2019.] |
| Filing 22 NOTICE Entry of Appearance: by Defendants Bard Peripheral Vascular, Inc., C.R. Bard, Inc. (Silver, Nicole) [Transferred from Missouri Eastern on 11/19/2019.] |
| Filing 21 MOTION for Leave to Appear Pro Hac Vice Lori G. Cohen. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7483236) by Defendants Bard Peripheral Vascular, Inc., C.R. Bard, Inc.. (Attachments: #1 List of Bar Memberships, #2 Certificate of Good Standing)(Cohen, Lori) [Transferred from Missouri Eastern on 11/19/2019.] |
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Filing 20
Docket Text ORDER: Re: #19 MOTION to Withdraw as Attorney ;attorney/firm Richard B. North, Jr. by Defendants Bard Peripheral Vascular, Inc., C.R. Bard, Inc.. (Stubbs, Kara) filed by C.R. Bard, Inc., Bard Peripheral Vascular, Inc. ; ORDERED GRANTED. Signed by District Judge Rodney W. Sippel on 9/23/2019. (NEP) [Transferred from Missouri Eastern on 11/19/2019.]
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| Filing 19 MOTION to Withdraw as Attorney ;attorney/firm Richard B. North, Jr. by Defendants Bard Peripheral Vascular, Inc., C.R. Bard, Inc.. (Stubbs, Kara) [Transferred from Missouri Eastern on 11/19/2019.] |
| Filing 18 ENTRY of Appearance by Kara T. Stubbs for Defendants Bard Peripheral Vascular, Inc., C.R. Bard, Inc.. (Stubbs, Kara) [Transferred from Missouri Eastern on 11/19/2019.] |
| Filing 17 ENTRY of Appearance by Allison Ng for Defendants Bard Peripheral Vascular, Inc., C.R. Bard, Inc.. (Ng, Allison) [Transferred from Missouri Eastern on 11/19/2019.] |
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Filing 16
MEMORANDUM AND ORDER. This case having been remanded by the Judicial Panel on Multidistrict Litigation, IT IS HEREBY ORDERED that this case is set for a status conference on October 24, 2019 at 10:30 a.m. in the chambers of the undersigned. IT IS FURTHER ORDERED that, by October 17, 2019, the parties shall file a joint memorandum with this Court which sets forth a statement of the case, the procedural background of the instant case, and the current status of the instant litigation. This joint memorandum shall also identify all relevant pleadings from the MDL by docket number (including any amended complaints and answers) that should be filed in the instant case. Finally, the joint memorandum shall set out a proposed schedule for the remainder of this case, identifying whether any remaining discovery needs to be conducted, whether any expert or dispositive motions will be filed prior to trial, whether the parties participated in settlement negotiations during the pendency of the MDL proceedings, and the propriety of referral to mediation. If any motions will be filed, the joint memorandum shall set out the expected nature and basis of the motions and include an explanation as to whether the issues were addressed by the MDL court. Any rulings by the MDL court on these issues, whether or not specifically applicable to this case, shall be specifically identified by MDL docket number. (Status Conference set for 10/24/2019 10:30 AM in Chambers before District Judge Rodney W. Sippel. Status Report due by 10/17/2019.) Signed by District Judge Rodney W. Sippel on 9/6/2019. (CBL) [Transferred from Missouri Eastern on 11/19/2019.]
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Filing 15
SUGGESTION OF REMAND AND TRANSFER ORDER. See Order for Complete Details. Signed by Senior Judge David G Campbell. (DLB) [Transferred from Missouri Eastern on 11/19/2019.]
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| Filing 14 CONDITIONAL REMAND ORDER FINALIZED regarding multidistrict litigation by John W. Nichols, Clerk of the Panel. (Attachments: #1 Allen et al v. C.R. Bard, Inc. et al Docket Sheet)(DLB) [Transferred from Missouri Eastern on 11/19/2019.] |
| Filing 13 CONDITIONAL REMAND ORDER regarding multidistrict litigation by John W. Nichols, Clerk of the Panel (DLB) [Transferred from Missouri Eastern on 11/19/2019.] |
| ***REMARK - Case transferred from Missouri Eastern has been opened in DISTRICT OF ARIZONA as case 2:17-cv-02646, filed 08/08/2017. (DLB) [Transferred from Missouri Eastern on 11/19/2019.] |
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Filing 12
ORDER OF MDL TRANSFER to: District of Arizona. Case transferred via CM/ECF extraction. (DLB) [Transferred from Missouri Eastern on 11/19/2019.]
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Filing 11
CONDITIONAL TRANSFER ORDER regarding multidistrict litigation by Clerk of the Panel. Signed by Judge Unassigned on 8/1/17. (CAR) [Transferred from Missouri Eastern on 11/19/2019.]
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Filing 10
Docket Text ORDER: Re: #9 MOTION to Dismiss Party Without Prejudice -- Specified Plaintiffs ONLY by Plaintiffs Sharlener Johnson-Richardson, Keri Pursley. (Pals, Gregory) filed by Sharlener Johnson-Richardson, Keri Pursley ; ORDERED GRANTED., Sharlener Johnson-Richardson and Keri Pursley terminated.. Signed by District Judge Rodney W. Sippel on 7/27/17. (LGK) [Transferred from Missouri Eastern on 11/19/2019.]
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| Filing 9 MOTION to Dismiss Party Without Prejudice -- Specified Plaintiffs ONLY by Plaintiffs Sharlener Johnson-Richardson, Keri Pursley. (Pals, Gregory) [Transferred from Missouri Eastern on 11/19/2019.] |
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Filing 8
Docket Text ORDER: Re: #7 MOTION to Dismiss Party Without Prejudice pursuant to F.R.Civ.P. 41(a)(2) as to Specified Plaintiffs ONLY, filed by Cythina Hurt, Stephanie N. Barton, Robert Jackson, Sherine A. Patterson, Whitney Hawkins, Alma Delia Aguilar, Cleona Mae Collins, Cedric N. Chatman, Donald Millsberg, Lakeem F. Bryan, Michael W. Turquitt, Brinda Bradley, Justin Major, Ronald Dale Blankenship, Carolyn Clay; ORDERED GRANTED. Signed by District Judge Rodney W. Sippel on 6/27/17. (CAR) [Transferred from Missouri Eastern on 11/19/2019.]
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| Filing 7 MOTION to Dismiss Party Without Prejudice pursuant to F.R.Civ.P. 41(a)(2) as to Specified Plaintiffs ONLY Alma Aguilar, Stephanie Barton, Ronald Blankenship, Brinda Bradley, Lakeem Bryan, Cedric Chatman, Carolyn Clay, Cleona Mae Collins, Whitney Hawkins, Cynthia Hurt, Robert Jackson, Individually and As Representative of the Estate of Frances Jackson, Justin Major, Donald Millsberg, Sherine Patterson, and Michael Turquitt ONLY by Plaintiffs Alma Delia Aguilar, Stephanie N. Barton, Ronald Dale Blankenship, Brinda Bradley, Lakeem F. Bryan, Cedric N. Chatman, Carolyn Clay, Cleona Mae Collins, Whitney Hawkins, Cythina Hurt, Robert Jackson, Justin Major, Donald Millsberg, Sherine A. Patterson, Michael W. Turquitt. (Pals, Gregory) [Transferred from Missouri Eastern on 11/19/2019.] |
| Filing 6 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Bard Peripheral Vascular, Inc.. Parent companies: C. R. Bard, Inc., Subsidiaries: None, Publicly held company: C. R. Bard, Inc.,. (Higgins, Angela) [Transferred from Missouri Eastern on 11/19/2019.] |
| Filing 5 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant C.R. Bard, Inc.. Parent companies: None, Subsidiaries: None, Publicly held company: None,. (Higgins, Angela) [Transferred from Missouri Eastern on 11/19/2019.] |
| Filing 4 Special Appearance, ANSWER to #1 Complaint,,,,, and Affirmative Defenses by Bard Peripheral Vascular, Inc., C.R. Bard, Inc..(Higgins, Angela) [Transferred from Missouri Eastern on 11/19/2019.] |
| Summons Issued as to defendant All Defendants. The summons was emailed to John J. Driscoll. (MFG) [Transferred from Missouri Eastern on 11/19/2019.] |
| Filing 3 NOTICE OF PROCESS SERVER by Plaintiffs Alma Delia Aguilar, Linda Allen, Anthony Atkins, Stephanie N. Barton, Joann Bevins, Ronald Dale Blankenship, Brinda Bradley, Lakeem F. Bryan, Sandra Marie Carter, Cedric N. Chatman, Clint Clark, Carolyn Clay, Cleona Mae Collins, John Converse, Deatirce Digman, Michelle Draper, David T. Eggen, Frederick Ferriso, Linda Finney, Vince Galli, Margaret P. Gunther, Whitney Hawkins, Angela Korean Hevener, Cythina Hurt, Robert Jackson, Merrilyn V. Johnson, Sharlener Johnson-Richardson, Mary Kernan, Janet Knaflich, Treva Lynch, Justin Major, Veronique Mccoy, Donald Millsberg, LaQuita Moran, Sherine A. Patterson, George N. Porter, Keri Pursley, A'Keria Nicole Quinn, Penny Rose, Clarence Routh, Nancy Seale, Terri Stout, Linda M. Taylor, Elizabeth Tisdale, Michael W. Turquitt, James C. Vaughn, Vanessa Walker, Amy L. White, Kevin D. White, Sammie Winters, Brenda A. Woods, Wanda A. Yonts Process Server: Valley Wide Process Service (Driscoll, John) [Transferred from Missouri Eastern on 11/19/2019.] |
| Case Opening Notification: All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). Judge Assigned: Honorable Rodney W. Sippel. (MFG) [Transferred from Missouri Eastern on 11/19/2019.] |
| Filing 2 ENTRY of Appearance by Gregory J. Pals for Plaintiffs Alma Delia Aguilar, Linda Allen, Lumus Allen, Anthony Atkins, Stephanie N. Barton, Joann Bevins, Ronald Dale Blankenship, Brinda Bradley, Lakeem F. Bryan, Sandra Marie Carter, Cedric N. Chatman, Clint Clark, Carolyn Clay, Cleona Mae Collins, John Converse, Deatirce Digman, Michelle Draper, Stacy Draper, David T. Eggen, LINDA FINNEY, Frederick Ferriso, Rose Galli, Vince Galli, Margaret P. Gunther, CYTHINA HURT, Whitney Hawkins, Ethel Lorrina Hedrick, Angela Korean Hevener, ROBERT JACKSON, MERRILYN V JOHNSON, RONALD D JOHNSON, SHARLENER JOHNSON-RICHARDSON, Frances Jackson, MARY KERNAN, JANET KNAFLICH, Martrie King, Treva Lynch, JUSTIN MAJOR, VERONIQUE MCCOY, DONALD MILLSBERG, LAQUITA MORAN, SHERINE A PATTERSON, GEORGE N PORTER, KERI PURSLEY, A'KERIA NICOLE QUINN, PENNY ROSE, CLARENCE ROUTH, NANCY SEALE, TERRI STOUT, LINDA M TAYLOR, ELIZABETH TISDALE, MICHAEL W TURQUITT, JAMES C VAUGHN, VANESSA WALKER, AMY L WHITE, KEVIN D WHITE, SAMMIE WINTERS, BRENDA A WOODS, WANDA A YONTS. (Pals, Gregory) [Transferred from Missouri Eastern on 11/19/2019.] |
| Filing 1 COMPLAINT against defendant Bard Peripheral Vascular, Inc., C.R. Bard, Inc. with receipt number 0865-5821863, in the amount of $400 Jury Demand,, filed by SHARLENER JOHNSON-RICHARDSON, RONALD D JOHNSON, Vince Galli, Ronald Dale Blankenship, Ethel Lorrina Hedrick, Michelle Draper, Alma Delia Aguilar, Stephanie N. Barton, Stacy Draper, ROBERT JACKSON, Deatirce Digman, A'KERIA NICOLE QUINN, KEVIN D WHITE, Treva Lynch, Angela Korean Hevener, Frances Jackson, BRENDA A WOODS, LAQUITA MORAN, Frederick Ferriso, Cleona Mae Collins, Martrie King, LINDA M TAYLOR, Whitney Hawkins, Sandra Marie Carter, MERRILYN V JOHNSON, LINDA FINNEY, Cedric N. Chatman, VANESSA WALKER, TERRI STOUT, GEORGE N PORTER, Rose Galli, CLARENCE ROUTH, Carolyn Clay, Margaret P. Gunther, CYTHINA HURT, Joann Bevins, ELIZABETH TISDALE, DONALD MILLSBERG, JANET KNAFLICH, Linda Allen, MICHAEL W TURQUITT, Lakeem F. Bryan, WANDA A YONTS, SHERINE A PATTERSON, Clint Clark, NANCY SEALE, John Converse, JAMES C VAUGHN, VERONIQUE MCCOY, Brinda Bradley, Lumus Allen, MARY KERNAN, SAMMIE WINTERS, PENNY ROSE, JUSTIN MAJOR, KERI PURSLEY, David T. Eggen, AMY L WHITE, Anthony Atkins. (Attachments: #1 Civil Cover Sheet, #2 Summons BPV, Inc., #3 Summons C.R. Bard, Inc.)(Driscoll, John) [Transferred from Missouri Eastern on 11/19/2019.] |
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