Durden v. C R Bard Inc et al
Plaintiff: Dewey Durden
Defendant: McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular Inc
Case Number: 5:2020cv01265
Filed: August 26, 2020
Court: US District Court for the Northern District of Alabama
Office: Northeastern Office
Presiding Judge: Madeline Hughes Haikala
Referring Judge: Herman N Johnson
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on September 14, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 14, 2020 Opinion or Order Filing 47 TEXT ORDER: Before the Court is the parties' Joint motion to Stay Discovery and Pretrial Deadlines. (Doc. #45 ). The Court grants the parties' joint motion to stay. All pleading deadlines and related motions will remain in place. All other discovery and pretrial deadlines are stayed until December 15, 2020. The parties shall file a Joint Status Report on or before December 16, 2020. Signed by Judge Madeline Hughes Haikala on 9/14/2020. (KEK)
September 14, 2020 Opinion or Order Filing 46 HAIKALA CHAMBERS INITIAL ORDER EFFECTIVE JULY 1, 2020. Signed by Judge Madeline Hughes Haikala on 9/13/2020. (KEK)
September 10, 2020 Filing 45 Joint MOTION to Stay Discovery and All Pretrial Deadlines by Plaintiff and by Bard Peripheral Vascular Inc, C R Bard Inc. (Maughan, Diane)
September 10, 2020 Opinion or Order Filing 44 TEXT ORDER: The telephone conference set for 9/25/20 is hereby CANCELED. Signed by Magistrate Judge Herman N Johnson, Jr on 9/10/20. (BJL)
September 10, 2020 Filing 43 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 Madeline Hughes Haikala. Please use case number 5:20-cv-1265-MHH on all subsequent pleadings. Magistrate Judge Herman N Johnson, Jr. is no longer assigned to the case. (BJL)
September 3, 2020 Opinion or Order Filing 42 TEXT ORDER granting #41 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)
September 3, 2020 Filing 41 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)
September 2, 2020 Opinion or Order Filing 40 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)
September 1, 2020 Filing 39 STIPULATION of Dismissal Jointly Filed by Plaintiff and by McKesson Corporation. filed by McKesson Corporation (Attachments: #1 Text of Proposed Order)(Maughan, Diane)
September 1, 2020 Opinion or Order Filing 38 TEXT ORDER granting #36 Motion for Leave to Appear pro hac vice. Signed by Magistrate Judge Herman N Johnson, Jr on September 1, 2020. (ADH)
September 1, 2020 Opinion or Order Filing 37 TEXT ORDER granting #35 Motion for Leave to Appear pro hac vice. Signed by Magistrate Judge Herman N Johnson, Jr on September 1, 2020. (ADH)
September 1, 2020 Filing 36 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)
September 1, 2020 Filing 35 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 Certificate of Good Standing for Taylor Daly)(Morris, George)
September 1, 2020 PHV Fee paid: $ 75, receipt number 1126-3662921(B4601108150). (Morris, George) Modified on 9/1/2020 (MEB2).
September 1, 2020 PHV Fee paid: $ 75, receipt number 1126-3662918 (B4601108149). (Morris, George) Modified on 9/1/2020 (MEB2).
August 28, 2020 Filing 34 NOTICE of Appearance by George L Morris, IV on behalf of Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Morris, George)
August 28, 2020 Filing 33 NOTICE of Appearance by Diane B Maughan on behalf of Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Maughan, Diane)
August 27, 2020 Opinion or Order Filing 32 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 12, 2020, the case will be reassigned to a randomly-drawn district judge for all purposes. Signed by Magistrate Judge Herman N Johnson, Jr on 8/27/20. (BJL)
August 27, 2020 Opinion or Order Filing 31 ORDER: The Court SETS a telephone status conference for 10:30 a.m. on Friday, September 25, 2020. Signed by Magistrate Judge Herman N Johnson, Jr on 8/27/20. (BJL) Modified on 9/10/2020 (BJL).
August 26, 2020 Filing 30 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02483. Original file certified copy of transfer order and docket sheet received.
August 26, 2020 Opinion or Order Filing 29 AMENDED MEMORANDUM OPINION AND ORDER: Plaintiff Dewey Durden's case be severed and transferred to the Huntsville Division of the Northern District of Alabama. (Ordered by Judge Karen Gren Scholer on 8/26/2020) (ctf) [Transferred from Texas Northern on 8/26/2020.]
August 20, 2020 Opinion or Order Filing 28 MEMORANDUM OPINION AND ORDER grants #24 Amended 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 James Duffy's case be severed and transferred to the Wilkes Barre Division of the Middle District of Pennsylvania (Civil case 3:20-cv-2482 opened); b. Plaintiff Dewey Durden's case be severed and transferred to the Huntsville Division of the Middle District of Alabama (Civil case 3:20-cv-2483 opened); c. Plaintiff John DeVal's case be severed and transferred to the Boston Division of the District of Massachusetts (Civil case 3:20-2484 opened); d. Plaintiff Vincent Fazio's case be severed and transferred to the Pittsburgh Division of the Western District of Pennsylvania (Civil case 3:20-cv-2485; e. Plaintiff Deborah Hoyopatubbi's case be severed and transferred to the San Jose Division of the Northern District of California (Civil case 3:20-cv-2486 opened); f. Plaintiff Wesley Marner's case be severed and transferred to the Montgomery Division of the Middle District of Alabama (Civil case 3:20-CV-2487; g. Plaintiff Christopher Richardson's case be severed and transferred to the Memphis Division of the Western District of Tennessee (Civil case 3:20-cv-2488 opened); and h. Plaintiff Tito Vasquez's case be severed and transferred to the Santa Ana Division of the Central District of California (Civil case 3:20-cv-2489 opened). Plaintiff Richard Guidry is the sole plaintiff with any connection to this forum. Accordingly, he shall remain in the Dallas Division of the Northern District of Texas. (Ordered by Judge Karen Gren Scholer on 8/20/2020) (jmg) [Transferred from Texas Northern on 8/26/2020.]
August 20, 2020 Interdistrict Transfer to Middle District of Alabama, Huntsville Division; notice sent via email. All documents available electronically. If receiving court cannot upload, documents are available from PACER (record does not contain restricted documents). Counsel advised to file future documents in Middle District of Alabama, Huntsville Division. (jmg) [Transferred from Texas Northern on 8/26/2020.]
August 19, 2020 Opinion or Order Filing 27 ORDER: Pursuant to the parties' agreement, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Jose Solis's claims against Defendants. The parties shall bear their own costs. Party Jose Solis terminated. (Ordered by Judge Karen Gren Scholer on 8/19/2020) (axm) [Transferred from Texas Northern on 8/26/2020.]
August 14, 2020 Filing 26 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #24 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/26/2020.]
August 12, 2020 Filing 25 Brief/Memorandum in Support filed by James Duffy, Dewey Durden, John Duval, Vincent Fazio, Richard Guidry, Deborah Hoyopatubbi, Wesley Marner, Christopher Richardson, Jose Solis, Tito Vasquez re #24 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.]
August 12, 2020 Filing 24 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by James Duffy, Dewey Durden, John Duval, Vincent Fazio, Richard Guidry, Deborah Hoyopatubbi, Wesley Marner, Christopher Richardson, Jose Solis, Tito Vasquez (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.]
July 30, 2020 Filing 23 Appendix in Support filed by James Duffy, Dewey Durden, John Duval, Vincent Fazio, Richard Guidry, Deborah Hoyopatubbi, Wesley Marner, Christopher Richardson, Jose Solis, Tito Vasquez re #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.]
July 30, 2020 Filing 22 Brief/Memorandum in Support filed by James Duffy, Dewey Durden, John Duval, Vincent Fazio, Richard Guidry, Deborah Hoyopatubbi, Wesley Marner, Christopher Richardson, Jose Solis, Tito Vasquez re #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.]
July 30, 2020 Filing 21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by James Duffy, Dewey Durden, John Duval, Vincent Fazio, Richard Guidry, Deborah Hoyopatubbi, Wesley Marner, Christopher Richardson, Jose Solis, Tito Vasquez (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.]
July 30, 2020 Filing 20 RESPONSE filed by James Duffy, Dewey Durden, John Duval, Vincent Fazio, Richard Guidry, Deborah Hoyopatubbi, Wesley Marner, Christopher Richardson, Jose Solis, Tito Vasquez re: #3 MOTION to Dismiss for Lack of Jurisdiction , #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.]
July 21, 2020 Filing 19 NOTICE of Filling Completed Forms For Each Plaintiff filed by James Duffy, Dewey Durden, John Duval, Vincent Fazio, Richard Guidry, Deborah Hoyopatubbi, Wesley Marner, Christopher Richardson, Jose Solis, Tito Vasquez (Attachments: #1 Affidavit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.]
July 21, 2020 Filing 18 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 8/26/2020.]
July 16, 2020 Opinion or Order Filing 17 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 8/26/2020.]
July 1, 2020 Opinion or Order Filing 16 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 8/26/2020.]
June 29, 2020 Filing 15 MOTION for Extension of Time to File Response/Reply to #3 MOTION to Dismiss for Lack of Jurisdiction , #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by James Duffy, Dewey Durden, John Duval, Vincent Fazio, Richard Guidry, Deborah Hoyopatubbi, Wesley Marner, Christopher Richardson, Jose Solis, Tito Vasquez (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.]
June 16, 2020 Filing 14 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 14 replaced to flatten image on 6/16/2020) (dsr). [Transferred from Texas Northern on 8/26/2020.]
June 16, 2020 Filing 13 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 8/26/2020.]
June 16, 2020 Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/26/2020.]
June 16, 2020 Filing 11 Brief/Memorandum in Support filed by McKesson Corporation re #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 8/26/2020.]
June 16, 2020 Filing 10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/26/2020.]
June 12, 2020 Opinion or Order Filing 9 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 6/12/2020) (svc) [Transferred from Texas Northern on 8/26/2020.]
June 10, 2020 Filing 8 AMENDED DOCUMENT by Bard Peripheral Vascular Inc. Amendment to #6 Cert. Of Interested Persons/Disclosure Statement. . (Matthews, Melissa) (Main Document 8 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/26/2020.]
June 10, 2020 Filing 7 AMENDED DOCUMENT by C R Bard Inc. Amendment to #5 Cert. Of Interested Persons/Disclosure Statement. . (Matthews, Melissa) (Main Document 7 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/26/2020.]
June 10, 2020 Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) (Main Document 6 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/26/2020.]
June 10, 2020 Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Matthews, Melissa) (Main Document 5 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/26/2020.]
June 9, 2020 Filing 4 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, C R Bard Inc, Does 1 through 100 Inclusive, McKesson Corporation re #3 MOTION to Dismiss for Lack of Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 8/26/2020.]
June 9, 2020 Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc, Does 1 through 100 Inclusive, McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/26/2020.]
June 9, 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from Texas Northern on 8/26/2020.]
June 9, 2020 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Does 1 through 100 Inclusive, C. R. Bard, Inc., McKesson Corporation, Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10899477) 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 - Plaintiff's 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, Ing., #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 8/26/2020.]

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Search for this case: Durden v. C R Bard Inc et al
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Defendant: McKesson Corporation
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: George L Morris, IV
Represented By: Diane B Maughan
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Defendant: C R Bard Inc
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: Brandee J Kowalzyk
Represented By: Taylor Tapley Daly
Represented By: George L Morris, IV
Represented By: Diane B Maughan
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Defendant: Bard Peripheral Vascular Inc
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: Brandee J Kowalzyk
Represented By: Taylor Tapley Daly
Represented By: George L Morris, IV
Represented By: Diane B Maughan
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Plaintiff: Dewey Durden
Represented By: Darren McDowell
Represented By: Eric Martin Przybysz
Represented By: Steven Scott Schulte
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