Floyd v. C R Bard Inc et al
| Bettye Floyd |
| McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular Inc |
| 2:2020cv01199 |
| August 19, 2020 |
| US District Court for the Northern District of Alabama |
| Southern Office |
| Anna M Manasco |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 28, 2020. A more recent docket listing may be available from PACER.
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| Filing 44 Mail Returned as Undeliverable. Mail Order Doc 39 sent to Attorney Darren McDowell (MRR, ) |
| Filing 43 Mail Returned as Undeliverable. Mail Text Order Doc 36 sent to Attorney Darren McDowell (MRR, ) |
| Filing 42 NOTICE of Appearance by Jon Collins Conlin on behalf of Bettye Floyd (Conlin, Jon) |
Filing 41
TEXT ORDER granting #40 MOTION for Admission Pro Hac Vice by Bettye Floyd. Counsel are reminded that at least one attorney for each party may be required to be physically present at every hearing and status conference. Signed by Judge Anna M Manasco on 9/21/20. (MRR, )
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| PHV Fee paid: $ 75, receipt number 1126-3674975 (B4601108538). (Schulte, Steven) Modified on 9/21/2020 (MRR, ). |
| Filing 40 MOTION for Limited Admission Pro Hac Vice by Bettye Floyd. (Attachments: #1 Exhibit Certificate of Good Standing)(Schulte, Steven) |
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Filing 39
TEXT ORDER - This case is before the court on the parties' Joint Motion To Stay Discovery And All Pretrial Deadlines, Doc. #38 . The motion is GRANTED. The parties are ORDERED to file a joint status report on or before December 15, 2020. Signed by Judge Anna M Manasco on 9/16/20. (MRR, )
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| Filing 38 Joint MOTION to Stay Discovery and All Pretrial Deadlines and proposed Order by Bard Peripheral Vascular Inc, C R Bard Inc., Bettye Floyd (Maughan, Diane) Modified text and added filer on 9/10/2020 (MRR, ). |
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Filing 37
TEXT ORDER - This case is before the court on defendant McKesson Corporation's Motion to Dismiss, Doc. #8 . Since that motion was filed, McKesson Corporation has been dismissed from the case without prejudice, Doc. #34 . Therefore, the motion is DENIED as moot. Signed by Judge Anna M Manasco on 9/4/20. (MRR, )
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Filing 36
TEXT ORDER granting #35 Motion to Withdraw as Attorney. Attorney Jordan E Jarreau and Melissa Dorman Matthews terminated. Signed by Judge Anna M Manasco on 9/4/2020. (FNC)
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| Filing 35 MOTION to Withdraw as Attorney by Melissa Dorman Matthews and Jordan E. Jarreau by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation. (Maughan, Diane) |
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Filing 34
ORDER OF DISMISSAL OF PLAINTIFF'S CLAIMS AGAINST DEFENDANT McKESSON CORPORATION. Signed by Judge Anna M Manasco on 9/2/20. (MRR, )
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| Filing 33 Joint STIPULATION to Dismiss Claims Against McKesson Corporation Without Prejudice filed by McKesson Corporation, Bettye Floyd, CR Bard Inc, Bard Peripheral Vascular Inc (Attachments: #1 Text of Proposed Order)(Maughan, Diane) Modified text and added filers on 9/2/2020 (MRR, ). |
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Filing 32
TEXT ORDER granting #30 Motion for Leave to Appear Pro Hac Vice for Taylor T. Daly by Bard Peripheral Vascular Inc., C R Bard Inc., and #31 Motion for Leave to Appear Pro Hac Vice for Brandee J. Kowalzyk by Bard Peripheral Vascular Inc., C R Bard Inc.. Counsel are reminded that at least one attorney for each party may be required to be physically present at every hearing and status conference. Signed by Judge Anna M Manasco on 8/31/20. (MRR, )
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| Filing 31 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) |
| Filing 30 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 29 NOTICE of Appearance by George L Morris, IV on behalf of McKesson Corporation (Morris, George) |
| Filing 28 NOTICE of Appearance by Diane B Maughan on behalf of McKesson Corporation (Maughan, Diane) |
| PHV Fee paid: $ 75, receipt number 1126-3661377 (B4601108095). (Morris, George) Modified on 8/31/2020 (MEB2). |
| PHV Fee paid: $ 75, receipt number 1126-3661381 (B4601108096). (Morris, George) Modified on 8/31/2020 (MEB2). |
| Filing 27 NOTICE of Appearance by Diane B Maughan on behalf of Bard Peripheral Vascular Inc, C R Bard Inc (Maughan, Diane) |
| Filing 26 NOTICE of Appearance by George L Morris, IV on behalf of Bard Peripheral Vascular Inc, C R Bard Inc (Morris, George) |
| Filing 25 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02296. Original file certified copy of transfer order and docket sheet received. |
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Filing 24
Memorandum Opinion and Order re: #21 Unopposed Amended Motion to Sever and Transfer Venue of Out-of-State Plaintiffs' Cases. The Court GRANTS the Motion and directs the Clerk of the Court to sever and transfer this action as follows: a. Plaintiff Clyde Carr's case be severed and transferred to the Durham Division of the Middle District of North Carolina (Civil case 3:20-cv-2293-S opened); b. Plaintiff Rebecca Copperthtie's case be severed and transferred to the Richmond Division of the Eastern District of Virginia (Civil case 3:20-cv-2294-S opened); c. Plaintiff George Fenwick's case be severed and transferred to the Fargo Division of the District of North Dakota (Civil case 3:20-cv-2295-S opened); d. Plaintiff Bettye Floyd's case be severed and transferred to the Southern Division of the Northern District of Alabama (Civil case 3:20-cv-2296-S opened); e. Plaintiff Carolyn Lowe's case be severed and transferred to the Jackson Division of the Western District of Tennessee (Civil case 3:20-cv-2297-S opened); f. Plaintiff Janet Nacham's case be severed and transferred to the Erie Division of the Western District of Pennsylvania (Civil case 3:20-cv-2298-S opened); g. Plaintiff Jason Newcomb's case be severed and transferred to the Lynchburg Division of the Western District of Virginia (Civil case 3:20-cv-2299-S opened); h. Plaintiff Alethea Thomas's case be severed and transferred to the Memphis Division of the Western District of Tennessee (Civil case 3:20-cv-2300-S opened); i. Plaintiff Lela Tunstall's case be severed and transferred to the Mobile Division of the Southern District of Alabama (Civil case 3:20-cv-2301-S opened). Plaintiff Jane Stewart 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 8/18/2020) (ykp) Modified on 8/18/2020 (axm). [Transferred from Texas Northern on 8/19/2020.]
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| Filing 23 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 22 Brief/Memorandum in Support filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall re #21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 20 Appendix in Support filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall re #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 19 Brief/Memorandum in Support filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall re #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 17 RESPONSE filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall re: #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 15 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
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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 8/19/2020.]
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| Filing 13 Agreed MOTION to Extend Time Extension to time resp/reply filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall (Attachments: #1 Proposed Order) (Przybysz, Eric) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 12 replaced with flattened document on 6/18/2020) (awc). [Transferred from Texas Northern on 8/19/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc identifying Corporate Parent/Other Affiliate Becton, Dickinson and Company for C R Bard Inc. (Matthews, Melissa) Modified corporate parent on 6/12/2020 (mla). [Transferred from Texas Northern on 8/19/2020.] |
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Filing 5
ELECTRONIC ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge Ed Kinkeade no longer assigned to case. (Ordered by Judge Ed Kinkeade on 6/10/2020) (chmb) [Transferred from Texas Northern on 8/19/2020.]
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| Filing 4 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from Texas Northern on 8/19/2020.] |
| 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 (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10904112) 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, #4 Exhibit(s) B - McKesson Corporation, #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 to Bard Peripheral Vascular, Inc., #12 Exhibit(s) D-6 - Citation Issued to C.R. Bard, #13 Exhibit(s) D-7 - Citation Issued to McKesson Corp, #14 Exhibit(s) D-8 - Affidavit of Service - McKesson, #15 Exhibit(s) D-9 - Return of Service - C.R. Bard, #16 Exhibit(s) D-10 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
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