Victoria Lopez v. C R Bard Inc et al
| Victoria Lopez |
| Does 1 through 100 Inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular Inc |
| 2:2020cv07624 |
| August 21, 2020 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Patricia Donahue |
| Michael W Fitzgerald |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on April 16, 2021. A more recent docket listing may be available from PACER.
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Filing 46
ORDER GRANTING JOINT MOTION TO STAY DISCOVERY AND ALL PRETRIAL DEADLINES #45 by Judge Michael W. Fitzgerald. The Joint Motion to Stay Discovery and All Pretrial Deadlines is GRANTED. All deadlines in this matter are STAYED until January 19, 2021. The parties shall file a Notice of Settlement or joint report no later than January 25, 2021, or within ten days of settlement, whichever occurs first. (iv)
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| Filing 45 Joint NOTICE OF MOTION AND MOTION to Stay pending JOINT MOTION TO STAY DISCOVERY AND ALL PRETRIAL DEADLINES filed by Defendants Bard Peripheral Vascular Inc, C R Bard Inc. (Attachments: #1 Proposed Order [PROPOSED] ORDER GRANTING JOINT MOTION TO STAY DISCOVERY AND ALL PRETRIAL DEADLINES) (Newman, Daniell) |
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Filing 44
ORDER GRANTING STIPULATION OF VOLUNTARY DISMISSAL OF MCKESSON CORPORATION WITHOUT PREJUDICE PURSUANT TO FRCP 41(a)(1)(A)(ii) #43 by Judge Michael W. Fitzgerald. The Joint Stipulation of Dismissal of McKesson Corporation Without Prejudice is GRANTED. The Complaint and all causes of action against Defendant McKesson Corporation are dismissed without prejudice, with each party to bear its own costs. (iv)
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| Filing 43 STIPULATION to Dismiss Defendant McKesson Corporation filed by Defendants C R Bard Inc, Bard Peripheral Vascular Inc, McKesson Corporation. (Attachments: #1 Proposed Order [PROPOSED] ORDER GRANTING STIPULATION OF VOLUNTARY DISMISSAL OF MCKESSON CORPORATION WITHOUT PREJUDICE PURSUANT TO FRCP 41(a)(1)(A)(ii))(Newman, Daniell) |
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Filing 42
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY #40 by Judge Michael W. Fitzgerald. The request of Victoria Lopez to substitute Arati Furness as attorney of record instead of Steven Schulte, Eric Przybysz and Darren McDowell is GRANTED. (iv)
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Filing 41
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY #39 by Judge Michael W. Fitzgerald. The request of C.R. Bard, Inc.; Bard Peripheral Vascular Inc; and McKesson Corp. to substitute Daniell Newman as attorney of record instead of Melissa Dorman Matthews, Jordan Jarreau and Jessica Junek. (iv)
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| Filing 40 REQUEST TO SUBSTITUTE ATTORNEY Arati C. Furness in place of attorney Steven S. Schulte, Eric M Przybysz, and Darren McDowell filed by Plaintiff Victoria Lopez. (Attachments: #1 Proposed Order Proposed Order) (Attorney Arati Chauhan Furness added to party Victoria Lopez(pty:pla)) (Furness, Arati) |
| Filing 39 REQUEST TO SUBSTITUTE ATTORNEY DANIELL K. NEWMAN in place of attorney MELISSA DORMAN MATTHEWS, JORDAN E. JARREAU AND JESSICA JUNEK filed by Defendant Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation. (Attachments: #1 Proposed Order (PROPOSED) ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY) (Newman, Daniell) |
| Filing 38 Notice of Appearance or Withdrawal of Counsel: for attorney Daniell K. Newman counsel for Defendants Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation. Adding Daniel K. Newman as counsel of record for C.R. Bard, Inc., Bard Peripheral Vascular Inc., and McKesson Corporation for the reason indicated in the G-123 Notice. Filed by Defendants Daniell K. Newman. (Attorney Daniell K. Newman added to party Bard Peripheral Vascular Inc(pty:dft), Attorney Daniell K. Newman added to party C R Bard Inc(pty:dft), Attorney Daniell K. Newman added to party McKesson Corporation(pty:dft))(Newman, Daniell) |
| Filing 37 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jordan E. Jarreau. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
| Filing 36 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jessica Junek. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
| Filing 35 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Melissa Dorman Matthews. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
| Filing 34 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Steven Scott Schulte. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
| Filing 33 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Darren McDowell. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
| Filing 32 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Eric M. Przybysz. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
| Filing 31 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 30 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Patricia Donahue. (lh) |
| Filing 29 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 3:20-cv-02401-S, from U.S. District Court Northern District of Texas (Dallas). The above-referenced case has been transferred to this district and assigned the above civil case number 2:20-cv-07624 MWF (PDx). (lh) |
| Filing 28 ORIGINAL file, certified copy of transfer order and docket sheet received from Texas Northern |
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Filing 27
MEMORANDUM OPINION AND ORDER granting #23 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 James Bruce's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case opened 3:20-cv-2396 opened); b. Plaintiff Teresa Collins's case be severed and transferred to the Little Rock Division of the Eastern District of Arkansas (Civil case 3:20-cv-2397 opened); c. Plaintiff Thomas Holvenski's case be severed and transferred to the Kalamazoo Division of the Western District of Michigan (Civil case 3:20-cv-2398 opened); d. Plaintiff Carl Kump's case be severed and transferred to the Central Islip Division of the Eastern District of New York (Civil case 3:20-cv-2399 opened); e. Plaintiff Tom Leonhart's case be severed and transferred to the Sacramento Division of the Eastern District of California (Civil case 3:20-cv-2400 opened); f. Plaintiff Victoria Lopez's case be severed and transferred to the Los Angeles Division of the Central District of California (Civil case 3:20-cv-2401 opened); g. Plaintiff Angela Moore's case be severed and transferred to the Northern District of Georgia (Civil case 3:20-cv-2402 opened); and h. Plaintiff Laura Tahan's case be severed and transferred to the Raleigh Division of the Eastern District of North Carolina (Civil case 3:20-cv-2403 opened). Plaintiff Lloyd Morris 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 8/21/2020.]
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Filing 26
Order: Pursuant to the parties' agreement, see ECF Nos. 23, 25, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Annette Frasier's claims against Defendants. The parties shall bear their own costs. All relief not expressly granted is DENIED. (Ordered by Judge Karen Gren Scholer on 8/19/2020) (ykp) [Transferred from Texas Northern on 8/21/2020.]
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| Filing 25 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #23 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #20 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 24 Brief/Memorandum in Support filed by James Bruce, Teresa Collins, Annette Frasier, Thomas Holevinski, Carl Klumpp, Tom Leonhart, Victoria Lopez, Angela Moore, Lloyd Morris, Laura Tahan re #23 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 23 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by James Bruce, Teresa Collins, Annette Frasier, Thomas Holevinski, Carl Klumpp, Tom Leonhart, Victoria Lopez, Angela Moore, Lloyd Morris, Laura Tahan (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 22 Appendix in Support filed by James Bruce, Teresa Collins, Annette Frasier, Thomas Holevinski, Carl Klumpp, Tom Leonhart, Victoria Lopez, Angela Moore, Laura Tahan re #20 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 21 Brief/Memorandum in Support filed by James Bruce, Teresa Collins, Annette Frasier, Thomas Holevinski, Carl Klumpp, Tom Leonhart, Victoria Lopez, Angela Moore, Laura Tahan re #20 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 20 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by James Bruce, Teresa Collins, Annette Frasier, Thomas Holevinski, Carl Klumpp, Tom Leonhart, Victoria Lopez, Angela Moore, Lloyd Morris, Laura Tahan (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 19 RESPONSE AND OBJECTION filed by James Bruce, Teresa Collins, Annette Frasier, Thomas Holevinski, Carl Klumpp, Tom Leonhart, Victoria Lopez, Angela Moore, Lloyd Morris, Laura Tahan re: #3 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 18 NOTICE of Filing Completed Forms For Each Plaintiff filed by James Bruce, Teresa Collins, Annette Frasier, Thomas Holevinski, Carl Klumpp, Tom Leonhart, Victoria Lopez, Angela Moore, Lloyd Morris, Laura Tahan (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by James Bruce, Teresa Collins, Annette Frasier, Thomas Holevinski, Carl Klumpp, Tom Leonhart, Victoria Lopez, Angela Moore, Lloyd Morris, Laura Tahan (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from Texas Northern on 8/21/2020.] |
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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 July 22, 2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (ndt) [Transferred from Texas Northern on 8/21/2020.]
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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 8/21/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #3 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by James Bruce, Teresa Collins, Annette Frasier, Thomas Holevinski, Carl Klumpp, Tom Leonhart, Victoria Lopez, Angela Moore, Lloyd Morris, Laura Tahan (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 12 replaced with the document flattened on 6/18/2020) (pnp). [Transferred from Texas Northern on 8/21/2020.] |
| 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 8/21/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from Texas Northern on 8/21/2020.] |
| 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 8/21/2020.] |
| 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 8/21/2020.] |
| Filing 7 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. (oyh) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Junek, Jessica) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Junek, Jessica) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 4 Brief/Memorandum in Support filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. re #3 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Junek, Jessica) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 3 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 8/21/2020.] |
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Filing 2
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 6/12/2020) (chmb) [Transferred from Texas Northern on 8/21/2020.]
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| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10912455) 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 Executed Affidavit of Service - McKesson, #14 Exhibit(s) D-8 Return of Service C.R. Bard Inc., #15 Exhibit(s) D-9 Return of Service Bard Peripheral) (Junek, Jessica) [Transferred from Texas Northern on 8/21/2020.] |
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