Aaron v. C R Bard Inc et al
| Dennis Aaron |
| McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular Inc |
| 5:2020cv01212 |
| August 20, 2020 |
| US District Court for the Northern District of Alabama |
| Northeastern Office |
| Herman N Johnson |
| Abdul K Kallon |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 16, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 50
ORDER - The parties' joint motion to stay, doc. #42 , is GRANTED. Accordingly, discovery, pretrial deadlines, scheduling obligations, etc., are STAYED until January 13, 2021. This matter is SET for a telephone status conference at 12:15 p.m. on January 14, 2021. The parties are directed to call 1-888-557-8511 five minutes prior to the start of the conference and enter the access code 4541204. As part of the transfer, the court severed the plaintiff's claims from the other plaintiffs, which rectified the personal jurisdiction issue related to this plaintiff. See doc. #23 . Therefore, the motion to dismiss, doc. #2 , is MOOT. Signed by Judge Abdul K Kallon on 10/16/2020. (KEK)
|
| Filing 49 Mail Returned as Undeliverable. Mail (docs. 40 and 41) sent to Darren McDowell (AKD) |
|
Filing 48
ORDER GRANTING #45 Motion for Limited Admission for Steven S. Shulte. Signed by Judge Abdul K Kallon on 09/24/2020. (AKD)
|
| Filing 47 Mail Returned as Undeliverable. Docs. 37 and 40 sent to Darren McDowell. (AKD) |
| PHV Fee paid: $ 75, receipt number 1126-3677361 (ALND receipt# B4601108624). (Schulte, Steven) Modified on 9/23/2020 (AKD). |
| Filing 46 NOTICE of Appearance by Jon Collins Conlin on behalf of Dennis Aaron (Conlin, Jon) |
| Filing 45 MOTION for Limited Admission Pro Hac Vice by Dennis Aaron. (Attachments: #1 Exhibit Certificate of Good Standing)(Schulte, Steven) |
| Filing 44 NOTICE OF REASSIGNMENT: This Case has been REASSIGNED to Judge Abdul K Kallon. Judge Liles C Burke no longer assigned to the case. Please use case number 5:20-cv-1212-AKK on all subsequent pleadings (AHI) |
|
Filing 43
ORDER: The undersigned hereby recuses from this action. Signed by Judge Liles C Burke on 9/14/2020. (AHI)
|
| Filing 42 Joint MOTION to Stay Discovery and All Pretrial Deadlines by Plaintiff and by Bard Peripheral Vascular Inc, C R Bard Inc. (Maughan, Diane) |
|
Filing 41
TEXT ORDER: The telephone conference set for 9/21/20 is hereby CANCELED. Signed by Magistrate Judge Herman N Johnson, Jr on 9/10/20. (BJL)
|
| Filing 40 NOTICE OF REASSIGNMENT: The parties having not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, this civil action has been randomly reassigned to the Honorable Liles C. Burke. Please use case number 5:20-cv-1212-LCB on all subsequent pleadings. Magistrate Judge Herman N Johnson, Jr. is no longer assigned to the case. (BJL) |
|
Filing 39
TEXT ORDER granting #38 Motion to Withdraw as Attorney. Attorneys Jordan E Jarreau and Melissa Dorman Matthews terminated. Signed by Magistrate Judge Herman N Johnson, Jr on September 3, 2020. (ADH)
|
| Filing 38 MOTION to Withdraw as Attorney by Melissa Dorman Matthews and Jordan E. Jarreau Motion is RIPE 9/3/2020. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation. (Maughan, Diane) |
|
Filing 37
ORDER: Pursuant to the Joint Stipulation filed September 1, 2020, the court DISMISSES without prejudice all claims against McKesson Corporation. Each party shall bear his or its own costs. Signed by Magistrate Judge Herman N Johnson, Jr on 9/2/20. (BJL)
|
| Filing 36 STIPULATION of Dismissal Jointly Filed by Plaintiff and by McKesson Corporation. filed by McKesson Corporation (Attachments: #1 Text of Proposed Order)(Maughan, Diane) |
|
Filing 35
TEXT ORDER granting #33 Motion for Leave to Appear pro hac vice. Signed by Magistrate Judge Herman N Johnson, Jr on September 1, 2020. (ADH)
|
|
Filing 34
TEXT ORDER granting #32 Motion for Leave to Appear pro hac vice. Signed by Magistrate Judge Herman N Johnson, Jr on September 1, 2020. (ADH)
|
| Filing 33 MOTION for Leave to Appear Pro Hac Vice for Brandee J. Kowalzyk Motion is RIPE 9/1/2020. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Bard Peripheral Vascular Inc, C R Bard Inc. (Attachments: #1 Exhibit Certificate of Good Standing for Brandee Kowalzyk)(Morris, George) |
| Filing 32 MOTION for Leave to Appear Pro Hac Vice for Taylor T. Daly Motion is RIPE 9/1/2020. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Bard Peripheral Vascular Inc, C R Bard Inc. (Attachments: #1 Exhibit Certificate of Good Standing for Taylor Daly)(Morris, George) |
| PHV Fee paid: $ 75, receipt number 1126-3662787 (B4601108137). (Morris, George) Modified on 9/2/2020 (BJL). |
| PHV Fee paid: $ 75, receipt number 1126-3662789 (B4601108138). (Morris, George) Modified on 9/2/2020 (BJL). |
| Filing 31 NOTICE of Appearance by George L Morris, IV on behalf of McKesson Corporation (Morris, George) |
| Filing 30 NOTICE of Appearance by Diane B Maughan on behalf of 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 (Maughan, Diane) |
| Filing 27 NOTICE OF CASE ASSIGNMENT to a United States Magistrate Judge for Trial. (BJL) |
|
Filing 26
ORDER: the parties are hereby notified that, unless they unanimously consent to the exercise of dispositive jurisdiction by a magistrate judge by no later than October 5, 2020, the case will be reassigned to a randomly-drawn district judge for all purposes. Signed by Magistrate Judge Herman N Johnson, Jr on 8/20/20. (BJL)
|
|
Filing 25
ORDER: The Court SETS a telephone status conference for 9:30 a.m. on Monday, September 21, 2020. Signed by Magistrate Judge Herman N Johnson, Jr on 8/20/20. (BJL) Modified on 9/10/2020 (BJL).
|
| Filing 24 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02316. Original file certified copy of transfer order and docket sheet received. |
|
Filing 23
MEMORANDUM OPINION AND ORDER granting #19 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 Dennis Aaron's case be severed and transferred to the Huntsville Division of the Northern District of Alabama (Civil Case 3:20-cv-2316-S Opened); b. Plaintiff Sharon Blackstone's case be severed and transferred to the Philadelphia Division of the Eastern District of Pennsylvania (Civil Case 3:20-cv-2317-S Opened); c. Plaintiff Matthew Chapman's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil Case 3:20-cv-2318-S Opened); d. Plaintiff Ricky Cole's case be severed and transferred to the Pikeville Division of the Eastern District of Kentucky (Civil Case 3:20-cv-2319-S Opened); e. Plaintiff Duane Fielder's c ase be severed and transferred to the Reno Division of the District of Nevada (Civil Case 3:20-cv-2320-S Opened);f. Plaintiff Stanley Green's case be severed and transferred to the Harrisburg Division of the Middle District of Pennsylvania (Civil Case 3:20-cv-2321-S Opened); g. Plaintiff Kimberly McCray's case be severed and transferred to the Springfield Division of the Western District of Missouri (Civil Case 3:20-cv-2322-S Opened); h. Plaintiff Lucille Tisdale's case be severed and transferred to the Springfield Division of the Western District of Missouri (Civil Case 3:20-cv-2323-S Opened);i. Plaintiff Kelly Warner's case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil Case 3:20-cv-2324-S Opened). Plaintiff Dora Sirmons 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) (axm) [Transferred from Texas Northern on 8/20/2020.]
|
| Filing 22 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 21 Appendix in Support filed by Dennis Aaron, Sharon Blackstone, Matthew Chapman, Ricky Cole, Duane Fielder, Stanley Green, Kimberly McCray, Dora Sirmons, Lucille Tisdale, Kelly Warner re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Dennis Aaron, Sharon Blackstone, Matthew Chapman, Ricky Cole, Duane Fielder, Stanley Green, Kimberly McCray, Dora Sirmons, Lucille Tisdale, Kelly Warner re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Dennis Aaron, Sharon Blackstone, Matthew Chapman, Ricky Cole, Duane Fielder, Stanley Green, Kimberly McCray, Dora Sirmons, Lucille Tisdale, Kelly Warner (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 18 RESPONSE filed by Dennis Aaron, Sharon Blackstone, Matthew Chapman, Ricky Cole, Duane Fielder, Stanley Green, Kimberly McCray, Dora Sirmons, Lucille Tisdale, Kelly Warner re: #2 MOTION to Dismiss for Lack of Jurisdiction , #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order Setting Deadline/Hearing, filed by Dennis Aaron, Sharon Blackstone, Matthew Chapman, Ricky Cole, Duane Fielder, Stanley Green, Kimberly McCray, Dora Sirmons, Lucille Tisdale, Kelly Warner (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) [Transferred from Texas Northern on 8/20/2020.] |
|
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 7/22/2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (mla) [Transferred from Texas Northern on 8/20/2020.]
|
|
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 8/20/2020.]
|
| Filing 13 Agreed MOTION to Extend Time Resp/Reply filed by Dennis Aaron, Sharon Blackstone, Matthew Chapman, Ricky Cole, Duane Fielder, Stanley Green, Kimberly McCray, Dora Sirmons, Lucille Tisdale (Attachments: #1 Proposed Order) (Przybysz, Eric) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 12 replaced to flatten image on 6/17/2020) (dsr). [Transferred from Texas Northern on 8/20/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/20/2020.] |
| 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 8/20/2020.] |
| 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 8/20/2020.] |
| 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 8/20/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 5 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 8/20/2020.] |
|
Filing 7
ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge David C Godbey no longer assigned to case. (Ordered by Judge David C Godbey on 6/10/2020) (ndt) [Transferred from Texas Northern on 8/20/2020.]
|
| 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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from Texas Northern on 8/20/2020.] |
| 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 8/20/2020.] |
| 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 8/20/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc.. (Filing fee $400; receipt number 0539-10903783) 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 C.R. Bard, #12 Exhibit(s) D-6 - Citation Issued to Bard Peripheral Vascular, Inc., #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 8/20/2020.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Alabama Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
