Maxwell v. C R Bard Inc et al
| Sandra Maxwell |
| McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular, Inc. |
| 1:2020cv00420 |
| August 25, 2020 |
| US District Court for the Southern District of Alabama |
| Jeffrey U Beaverstock |
| Katherine P Nelson |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
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This docket was last retrieved on October 5, 2020. A more recent docket listing may be available from PACER.
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Filing 47
ENDORSED ORDER granting #46 MOTION and APPLICATION for Brandee J. Kowalzyk to Appear Pro Hac Vice for C R Bard Inc. and Bard Peripheral Vascular, Inc. Signed by Magistrate Judge Katherine P. Nelson on 10/5/2020. (ctn)
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| MOTIONS REFERRED: #46 MOTION and APPLICATION for Brandee J. Kowalzyk to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #. Referred to Judge Katherine P. Nelson. (mbp) |
| Filing 46 MOTION and APPLICATION for Brandee J. Kowalzyk to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number AALSDC-2687633, Online Credit Card Payment) filed by All Defendants. (Attachments: #1 Exhibit Attachment A, #2 Exhibit COG) (Kowalzyk, Brandee) |
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Filing 45
TEXT-ONLY ORDER granting in part and denying in part #44 Joint MOTION to Stay Discovery and All Pretrial Deadlines, as follows: Paragraph A(1) of the Preliminary Scheduling Order #32 is modified to state: "The parties, including pro se parties, are ORDERED to meet and file a report pursuant to Fed. R. Civ. P. 26(f) as soon as practicable but not later than November 6, 2020." All other original provisions of the Preliminary Scheduling Order remain in effect. Signed by Magistrate Judge Katherine P. Nelson on 9/21/2020. (ctn)
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| Filing 44 Joint MOTION to Stay Discovery and All Pretrial Deadlines filed by Bard Peripheral Vascular, Inc., C R Bard Inc. (Maughan, Diane) |
| MOTIONS REFERRED: #44 Joint MOTION to Stay Discovery and All Pretrial Deadlines Referred to Judge Katherine P. Nelson. (cmj) |
| Filing 43 This action has been transferred from the docket of Magistrate Judge Katherine P. Nelson and is now assigned to the docket of District Judge Jeffrey U. Beaverstock and Magistrate Judge Katherine P. Nelson. To insure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix JB-N after the case number on all future pleadings. (srr) |
| Filing 42 Clerk's Notice of Closing pursuant to joint stipulation of dismissal as to McKesson Corporation only. (srr) |
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Filing 41
TEXT-ONLY ORDER granting #39 MOTION for Melissa Dorman Matthews, Jessica Junek, and Jordan E. Jarreau to Withdraw as Attorney. Said attorneys are terminated as counsel of record for the Defendants. Signed by Magistrate Judge Katherine P. Nelson on 9/2/2020. (ctn)
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Filing 40
ENDORSED ORDER granting #38 MOTION and APPLICATION for Steven S. Schulte to Appear Pro Hac Vice for Sandra Maxwell. Signed by Magistrate Judge Katherine P. Nelson on 9/2/2020. (ctn)
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| Filing 39 MOTION for Melissa Dorman Matthews, Jessica Junek, and Jordan E. Jarreau to Withdraw as Attorney filed by All Defendants. (Maughan, Diane) |
| Filing 38 MOTION and APPLICATION for Steven S. Schulte to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number AALSDC-2671904, Online Credit Card Payment) filed by Sandra Maxwell. (Attachments: #1 Supplement Certificate of Good Standing - State Bar of Texas, #2 Supplement Certificate of Good Standing - Northern District of Texas) (Schulte, Steven) |
| Filing 37 STIPULATION of Dismissal Jointly Filed by Plaintiff and by McKesson Corporation. (Attachments: #1 Text of Proposed Order) (Maughan, Diane) |
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Filing 36
ENDORSED ORDER granting #33 MOTION and APPLICATION for Taylor T. Daly to Appear Pro Hac Vice for All Defendants. Signed by Magistrate Judge Katherine P. Nelson on 8/31/2020. (ctn)
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| Filing 35 NOTICE of Appearance by George LaFayette Morris on behalf of McKesson Corporation (Morris, George) |
| Filing 34 NOTICE of Appearance by Diane Babb Maughan on behalf of McKesson Corporation (Maughan, Diane) |
| Filing 33 MOTION and APPLICATION for Taylor T. Daly to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number AALSDC-2668177, Online Credit Card Payment) filed by All Defendants. (Attachments: #1 Exhibit Certificate of Good Standing) (Daly, Taylor) |
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Filing 32
PRELIMINARY SCHEDULING ORDER entered Rule 26 Meeting Report due by 10/12/2020. Copy emailed to counsel that have not made notice of appearance. Signed by Magistrate Judge Katherine P. Nelson on 8/27/20. (Attachments: #1 consent) (srr)
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| Filing 31 Notice of Assignment to Magistrate Judge for trial. (Attachments: #1 request for reassignment). Copy emailed to counsel that have not made notice of appearance (srr) |
| Filing 30 NOTICE of Appearance by George LaFayette Morris on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc (Morris, George) |
| Filing 29 NOTICE of Appearance by Diane Babb Maughan on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc (Maughan, Diane) |
| Filing 28 Attorney Admission Letter emailed to Eric Martin Przybysz, Steven Scott Schulte, Darren McDowell ; Admission Application due by 9/4/2020. (srr) |
| Filing 27 Attorney Admission Letter emailed to Melissa Dorman Matthews, Jordan E Jarreau ; Admission Application due by 9/4/2020. (srr) |
| Filing 26 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02335. Original file certified copy of transfer order and docket sheet received. |
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Filing 25
MEMORANDUM OPINION AND ORDER #21 Unopposed 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 Jessica Magee's case be severed and transferred to the Natchez Division of the Southern District of Mississippi (Civil case 3:20-2334-S opened); b. Plaintiff Sandra Maxwell's case be severed and transferred to the Mobile Division of the Southern District of Alabama (Civil case 3:20-2335-S opened); c. Plaintiff Ernest Mergenthaler's case be severed and transferred to the Santa Ana Division of the Central District of California (Civil case 3:20-2336-S opened); d. Plaintiff Stacey Merrell's case be severed and transferred to the Tulsa Division of the Northern District of Oklahoma (Civil case 3:20-2337-S opened); e. Plaintiff Tanikia Phillips's case be severed and transferred to the Philadelphia Division of the Eastern District of Pennsylvania (Civil case 3:20-2338-S opened); f. Plaintiff Ted Pittman's case be severed and transferred to the London Division of the Eastern District of Kentucky (Civil case 3:20-2339-S opened); g. Plaintiff Darwin Rivers's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil case 3:20-2340-S opened); h. Plaintiff Joleen Schouten's case be severed and transferred to the Sioux Falls Division of the District of South Dakota (Civil case 3:20-2341-S opened); i. Plaintiff Rosa Scott's case be severed and transferred to the Albany Division of the Middle District of Georgia (Civil case 3:20-2360-S opened). Plaintiff Lawrence Schnellman 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 8/18/2020) (axm) [Transferred from Texas Northern on 8/25/2020.]
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| Filing 24 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 8/25/2020.] |
| Filing 23 Appendix in Support filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott re #21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 22 Brief/Memorandum in Support filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott re #21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 20 Appendix in Support filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott 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 8/25/2020.] |
| Filing 19 Brief/Memorandum in Support filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott re #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott (Schulte, Steven) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 17 RESPONSE filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott re: #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from Texas Northern on 8/25/2020.] |
| 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 8/25/2020.] |
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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 8/25/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 12 replaced to flatten image on 6/17/2020) (dsr). [Transferred from Texas Northern on 8/25/2020.] |
| 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 8/25/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from Texas Northern on 8/25/2020.] |
| 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 8/25/2020.] |
| 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 8/25/2020.] |
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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 6/11/2020) (svc) [Transferred from Texas Northern on 8/25/2020.]
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| 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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Junek, Jessica) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Junek, Jessica) [Transferred from Texas Northern on 8/25/2020.] |
| 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 8/25/2020.] |
| 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 8/25/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10905283) 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 Citation Issued Bard Peripheral, #11 Exhibit(s) D-5 Citation Issued C. R. Bard, Inc., #12 Exhibit(s) D-6 Citation Issued McKesson, #13 Exhibit(s) D-7 Status Conference Order, #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 Status Conference Order, #17 Exhibit(s) D-11 Return of Service - Bard Peripheral) (Junek, Jessica) [Transferred from Texas Northern on 8/25/2020.] |
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