Carlock v. C R Bard Inc et al
| Reginald Carlock |
| Bard Peripheral Vascular Incorporated, McKesson Corporation, C R Bard Inc and Does 1 through 100 Inclusive |
| 4:2020cv01062 |
| September 2, 2020 |
| US District Court for the Eastern District of Arkansas |
| Central Division Office |
| Brian S Miller |
| James M Moody |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on September 24, 2020. A more recent docket listing may be available from PACER.
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Filing 43
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #42 Motion to Stay. All activity in this case is stayed for a period of ninety (90) days. Signed by Judge James M. Moody Jr. on 9/24/20. (dpb)
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| Filing 42 Joint MOTION to Stay and Incorporated Memorandum of Law by Bard Peripheral Vascular Incorporated, C R Bard Inc (Ferraro, Andrea) |
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Filing 41
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER finding as moot #10 Defendant's Motion to Dismiss McKesson Corporation for Lack of Jurisdiction, because McKesson Corporation was dismissed earlier today. Signed by Judge James M. Moody Jr. on 09/23/20. (dmm)
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Filing 40
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #38 the Stipulation of Dismissal of Defendant McKesson Corporation. Accordingly, Defendant McKesson Corporation is DISMISSED without prejudice. In the future, if a party expects action from the Court (which was necessary here to remove a party) it must file a motion, not a stipulation, notice, etc. Signed by Judge James M. Moody Jr. on 09/23/20. (dmm)
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Filing 39
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #37 Motion to Withdraw as Attorney. Attorney Jordan E. Jarreau and Melissa Dorman Matthews terminated. Signed by Judge James M. Moody Jr. on 9/23/20. (dpb)
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| Filing 38 STIPULATION of Dismissal Without Prejudice as to Defendant McKesson Corporation by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. (Ferraro, Andrea) |
| Filing 37 MOTION to Withdraw as Attorney and for Substitution of Counsel by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Ferraro, Andrea) |
| Filing 36 NOTICE of Appearance by Graham Caughman Talley on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Talley, Graham) |
| Filing 35 NOTICE of Appearance by Lyn Peeples Pruitt on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Pruitt, Lyn) |
| Filing 34 NOTICE of Appearance by Andrea Shwayri Ferraro on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Ferraro, Andrea) |
| Filing 33 NOTICE of Appearance by Lindsay L. Macdonald on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Macdonald, Lindsay) |
| Filing 32 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE OF REASSIGNMENT. Based on #30 Order, the Clerk's office has reassigned the case to Judge James M. Moody Jr. (jak) |
| Filing 31 DOCKET ENTRY FILED IN ERROR - DISREGARD. (kdr) (Docket text modified on 9/9/2020 to indicate the document was filed in error)(jak) |
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Filing 30
ORDER directing the Clerk to immediately reassign this case to Judge James M. Moody, Jr. because he is presiding over Bard IVC Filter cases returned from MDL-2641 (D. AZ), and reassignment will preserve judicial resources. Signed by Judge Brian S. Miller on 9/9/2020. (kdr)
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| NOTICE OF DOCKET CORRECTION re #31 Order Reassigning Case. CORRECTION: The docket text was modified to indicate the document was filed in error (wrong case) due to a clerical mistake by the Clerk's office. (jak) |
| Filing 29 Case electronically transferred in from District of Texas Northern; Case Number 3:20-cv-02692. Electronic file copy of transfer order and docket sheet received. |
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Filing 28
Memorandum Opinion and Order Grants #18 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 Reginald Carlock's case be severed and transferred to the Central Division of the Eastern Division of Arkansas (3:20-cv-2692 case opened); b. Plaintiff Lucretia Gaddis's case be severed and transferred to the Northern Division of the Southern District of Mississippi (3:20-cv-2693 case opened); c. Plaintiff Earl Lee's case be severed and transferred to the Eastern Division of the Southern District of Mississippi (3:20-cv-2694 case opened); d. Plaintiff Emile Wilkinson-Arter's case be severed and transferred to the Western Division of the Western District of Missouri (3:20-cv-2695 case opend); e. Plaintiff Susan Degrado's case be severed and transferred to the Reno Division of the District of Nevada (3:20-cv-2696 case opened); f. Plaintiff Jacob Williams's case be severed and transferred to the Augusta Division of the Southern District of Georgia (3:20-cv-2697 case opened); g. Plaintiff Brandi Rose's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (3:20-cv-2698 case opened); and h. Plaintiff Anna Parker's case be severed and transferred to the Milwaukee Division of the Eastern District of Wisconsin (3:20-cv-2699 case opened). Plaintiff Lillian Chapa-Mendez 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 8/31/2020) (mjr) [Transferred from txnd on 9/2/2020.]
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Filing 27
ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Robert Conley's claims against Defendants. The parties shall bear their own costs Party Robert Conley terminated. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (axm) [Transferred from txnd on 9/2/2020.]
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| Filing 26 Supplemental RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) Modified title on 8/25/2020 (awc). [Transferred from txnd on 9/2/2020.] |
| Filing 25 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 9/2/2020.] |
| Filing 24 NOTICE of Filing Completed Forms for Each Plaintiff re: #23 Order Setting Deadline/Hearing, filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) Exhibit A) (Matthews, Melissa) [Transferred from txnd on 9/2/2020.] |
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Filing 23
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 8/10/2020. (Ordered by Judge Karen Gren Scholer on 8/3/2020) (ctf) [Transferred from txnd on 9/2/2020.]
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| Filing 22 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation re: #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 9/2/2020.] |
| Filing 21 Appendix in Support filed by Reginald Carlock, Lillian Chapa-Mendez, Robert Conley, Susan Degrado, Lucretia Gaddis, Earl Lee, Anna Parker, Brandi Rose, Emile Wilkinson-Arter, Jacob Williams re #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases including Declaration and Exhibits (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Reginald Carlock, Lillian Chapa-Mendez, Robert Conley, Susan Degrado, Lucretia Gaddis, Earl Lee, Anna Parker, Brandi Rose, Emile Wilkinson-Arter, Jacob Williams re #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 19 RESPONSE filed by Reginald Carlock, Lillian Chapa-Mendez, Robert Conley, Susan Degrado, Lucretia Gaddis, Earl Lee, Anna Parker, Brandi Rose, Emile Wilkinson-Arter, Jacob Williams re: #3 MOTION to Dismiss for Lack of Jurisdiction , #10 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Reginald Carlock, Lillian Chapa-Mendez, Robert Conley, Susan Degrado, Lucretia Gaddis, Earl Lee, Anna Parker, Brandi Rose, Emile Wilkinson-Arter, Jacob Williams (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Reginald Carlock, Lillian Chapa-Mendez, Robert Conley, Susan Degrado, Lucretia Gaddis, Earl Lee, Anna Parker, Brandi Rose, Emile Wilkinson-Arter, Jacob Williams (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
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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 txnd on 9/2/2020.]
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| Filing 15 MOTION for Extension of Time to File Response/Reply to #3 MOTION to Dismiss for Lack of Jurisdiction , #10 MOTION to Dismiss for Lack of Jurisdiction filed by Reginald Carlock, Lillian Chapa-Mendez, Robert Conley, Susan Degrado, Lucretia Gaddis, Earl Lee, Anna Parker, Brandi Rose, Emile Wilkinson-Arter, Jacob Williams (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
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Filing 14
ELECTRONIC ORDER: Civil action numbers 3:20-CV-1499-X; 3:20-CV-1469-X; 3:20-CV-1566-X; and 3:20-CV-1500-X are hereby transferred to the docket of the Honorable Karen Gren Scholer and shall henceforth carry the suffix letter "S". (Ordered by Judge Brantley Starr on 6/19/2020) (ctf) [Transferred from txnd on 9/2/2020.]
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| Filing 13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 11 Brief/Memorandum in Support filed by McKesson Corporation re #10 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 9 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 4 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, C R Bard Inc re #3 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from txnd on 9/2/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by c.r. bard inc., Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10896335) 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 page, #5 Exhibit(s) C - 08.30.2016 Romney, Kim deposition, #6 Exhibit(s) D-1 Index of State Docs, #7 Exhibit(s) D-2 Chapa-Menza - State Court Docket Sheet, #8 Exhibit(s) D-3. 2020-04-07 - Plaintiffs' Original Petition, #9 Exhibit(s) D-4. 2020-04-07 - Civil Case Information Sheet, #10 Exhibit(s) D-5. 2020-04-08 - Citation Issued to Bard Peripheral Vascular, Inc., #11 Exhibit(s) D-6. 2020-04-08 - Citation Issued to C.R. Bard, #12 Exhibit(s) D-7 2020-04-08 - Citation Issued to McKesson, #13 Exhibit(s) D-8 2020-05-06 - Executed Affidavit of Service to McKesson Corp - 05-01-2020, #14 Exhibit(s) D-9 2020-05-22 - Executed Return of Service to C. R. Bard - 05-20-2020, #15 Exhibit(s) D-10 2020-06-04 Executed Return of Service to Bard Peripheral Vascular, Inc. - 05-20-2020) (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
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