Mark Gibson v. C R Bard Inc et al
| Mark Gibson |
| Does 1 through 100 Inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular Incorporated |
| 2:2020cv07627 |
| August 21, 2020 |
| US District Court for the Central District of California |
| Stanley Bastian |
| Consuelo B Marshall |
| Patrick J Walsh |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 7, 2020. A more recent docket listing may be available from PACER.
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Filing 44
(IN CHAMBERS) TEXT ENTRY ORDER by Judge Stanley A. Bastian. Defendants' Motions to Dismiss for Lack of Jurisdiction, ECF Nos. #2 and #9 , are denied, as moot. Signed by Judge Stanley A. Bastian. Text entry; no PDF document will issue. This text-only entry constitutes the court order on the matter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (droj) TEXT ONLY ENTRY
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Filing 45
ORDER GRANTING JOINT MOTION TO STAY DISCOVERY AND ALL PRETRIAL DEADLINES; DISMISSING McKESSON CORPORATION WITHOUT PREJUDICE, #42 , #43 by Judge Stanley Bastian: IT IS HEREBY ORDERED: 1.The parties Joint Motion to Stay Discovery and All Pretrial Deadlines, ECF No. 43, is GRANTED. 2.All deadlines in this matter are STAYED until January 19, 2021. 3.On or before January 19, 2021, the parties shall file a stipulation of dismissal or submit a joint statement regarding the status of the settlement. 4.The parties Stipulation of Voluntary dismissal of McKesson Corporation Without Prejudice Pursuant to FRCP 41(a)(1)(A)(ii), ECF No. 42, is GRANTED. 5.The claims asserted against Defendant McKesson are dismissed without prejudice. Defendant McKesson Corporation is dismissed from the above-captioned case. IT IS SO ORDERED. (shb)
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| Filing 43 Joint NOTICE OF MOTION AND MOTION to Stay pending JOINT MOTION TO STAY DISCOVERY AND ALL PRETRIAL DEADLINES filed by Defendants Bard Peripheral Vascular Incorporated, C R Bard Inc. (Attachments: #1 Proposed Order [PROPOSED] ORDER GRANTING JOINT MOTION TO STAY DISCOVERY AND ALL PRETRIAL DEADLINES) (Newman, Daniell) |
| Filing 42 STIPULATION to Dismiss Defendant McKesson Corporation filed by Defendants C R Bard Inc, Bard Peripheral Vascular Incorporated, 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 41
ORDER OF THE CHIEF JUDGE (#20-093) approved by Judge Philip S. Gutierrez. IT IS ORDERED, with the concurrence of the Case Management and Assignment Committee, that the following cases be transferred to the calendar of Judge Stanley A. Bastian for all coordinated or consolidated pretrial proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-07627 SAB(PJWx). (rn)
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Filing 40
ORDER by Judge Virginia A. Phillips: granting #37 Request to Substitute Attorney: The Court hereby orders that the request of: Mark Gibson, Plaintiff, to substitute Arati C Furness, who is Retained Counsel, as attorney of record instead of Steven C Schulte, Eric M Przybysz, and Darren McDowell. The clerk is hereby ordered to terminate Notices of Electronic Filing for the withdrawing attorney(s) in this case. (bm)
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Filing 39
ORDER by Judge Virginia A. Phillips: granting #36 Request to Substitute Attorney: The Court hereby orders that the request of: C.R. Bard, Inc.; Bard Peripheral Vascular Inc.; and McKesson Corp., Defendant, to substitute Daniell K. Newman, who is Retained Counsel, as attorney of record instead of Melissa Dorman Matthews and Jordan E Jarreau. The clerk is hereby ordered to terminate Notices of Electronic Filing for the withdrawing attorney(s) in this case. (bm)
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| Filing 38 TEXT ONLY NOTICE RE: Requests to Substitute Attorney (Dkt. No. #36 & #37 ). In compliance with Local Rule 5-4.4, counsel shall email the Request in PDF format, and the proposed order in Microsoft Word or PDF format, to the Judge's generic chambers email, no later than 4:00 pm of September 3, 2020. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY |
| Filing 37 REQUEST TO SUBSTITUTE ATTORNEY Arati C. Furness in place of attorney Steven S. Schulte, Eric M Przybysz, and Darren McDowell filed by Plaintiff Mark Gibson. (Attachments: #1 Proposed Order Proposed Order) (Attorney Arati Chauhan Furness added to party Mark Gibson(pty:pla)) (Furness, Arati) |
| Filing 36 REQUEST TO SUBSTITUTE ATTORNEY Daniell K. Newman in place of attorney Melissa Dorman Matthews filed by Defendants Bard Peripheral Vascular Incorporated, 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 35 Notice of Appearance or Withdrawal of Counsel: for attorney Daniell K. Newman counsel for Defendants Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. Adding Daniell 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 C.R. Bard, Inc., Bard Peripheral Vascular Inc., and McKesson Corporation. (Attorney Daniell K. Newman added to party Bard Peripheral Vascular Incorporated(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) |
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Filing 34
STANDING ORDER upon filing of the complaint by Judge Virginia A. Phillips. (cch)
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Filing 33
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Consuelo B. Marshall. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Consuelo B. Marshall to Judge Virginia A. Phillips for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-07627 VAP(PJWx). (rn)
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| Filing 32 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. (esa) |
| Filing 31 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. (esa) |
| Filing 30 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. (esa) |
| Filing 29 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. (esa) |
| Filing 28 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Eric Martin 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. (esa) |
| Filing 27 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 3:20-cv-02417 S, from USDC Northern District of Texas (Dalllas). The above-referenced case has been transferred to this district and assigned the above civil case number 2:20-cv-07627 CBM (PJWx). (esa) |
| Filing 26 NOTICE OF ASSIGNMENT to District Judge Consuelo B. Marshall and Magistrate Judge Patrick J. Walsh. (esa) |
| Filing 25 ORIGINAL file, certified copy of transfer order and docket sheet received from Texas Northern |
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Filing 24
MEMORANDUM OPINION AND ORDER grants 19 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 Brenda Allen's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2413 opened); b. Plaintiff Benidecto Fernandez's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (Civil case 3:20-cv-2414 opened); c. Plaintiff Nancy Foreman's case be severed and transferred to the Riverside Division of the Central District of California (Civil case 3:20-cv-2415 opened); d. Plaintiff Matthew Geniesse's case be severed and transferred to the Milwaukee Division of the Eastern District of Wisconsin (Civil case 3:20-cv-2416 opened); e. Plaintiff Mark Gibson's case be severed and transferred to the Los Angeles Division of the Central District of California (Civil case 3:20-cv-2417 opened); f. Plaintiff Duane McDonald's case be severed and transferred to the Lafayette Division of the Northern District of Indiana (Civil case 3:20-cv-2419 opened); g. Plaintiff Richard Pilip's case be severed and transferred to the Chicago Division of the Northern District of Illinois (Civil case 3:20-cv-2420 opened); and h. Plaintiff Merida Roman's case be severed and transferred to the Miami Division of the Southern District of Florida (Civil case 3:20-cv-2421 opened). Plaintiff Emmanuel Arredondo 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 23
ORDER: Pursuant to the parties' agreement, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Herlinda Aguilar's claims against Defendants. The parties shall bear their own costs. Party Herlinda Aguilar terminated. (Ordered by Judge Karen Gren Scholer on 8/19/2020) (axm) [Transferred from Texas Northern on 8/21/2020.]
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| Filing 22 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: 19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division Against Bard Defendants (Matthews, Melissa) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 21 Appendix in Support filed by Herlinda Aguilar, Brenda Allen, Benidecto Fernandez, Nancy Foreman, Matthew Geniesse, Mark Gibson, Duane McDonald, Richard Pilip, Merida Roman re 19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division Against Bard Defendants (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Herlinda Aguilar, Brenda Allen, Benidecto Fernandez, Nancy Foreman, Matthew Geniesse, Mark Gibson, Duane McDonald, Richard Pilip, Merida Roman re 19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division Against Bard Defendants (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division Against Bard Defendants () filed by Herlinda Aguilar, Brenda Allen, Benidecto Fernandez, Nancy Foreman, Matthew Geniesse, Mark Gibson, Duane McDonald, Richard Pilip, Merida Roman (Attachments: # 1 Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 18 RESPONSE AND OBJECTION filed by Herlinda Aguilar, Brenda Allen, Emmanuel Arredondo, Benidecto Fernandez, Nancy Foreman, Matthew Geniesse, Mark Gibson, Duane McDonald, Richard Pilip, Merida Roman re: 2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Herlinda Aguilar, Brenda Allen, Emmanuel Arredondo, Benidecto Fernandez, Nancy Foreman, Matthew Geniesse, Mark Gibson, Duane McDonald, Richard Pilip, Merida Roman (Attachments: # 1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: # 1 Exhibit(s) A - Responses) (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 9 MOTION to Dismiss for Lack of Jurisdiction , 2 MOTION to Dismiss for Lack of Jurisdiction filed by Herlinda Aguilar, Brenda Allen, Emmanuel Arredondo, Benidecto Fernandez, Nancy Foreman, Matthew Geniesse, Mark Gibson, Duane McDonald, Richard Pilip, Merida Roman (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. (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 10 Brief/Memorandum in Support filed by McKesson Corporation re 9 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 8 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.] |
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Filing 7
ORDER: Case reassigned to Judge Karen Gren Scholer for all further proceedings. Chief Judge Barbara M. G. Lynn no longer assigned to case. (Ordered by Chief Judge Barbara M. G. Lynn on 6/12/2020) (ndt) [Transferred from Texas Northern on 8/21/2020.]
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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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.] |
| 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 (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10907283) 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 - 8-30-16 Romney, Kim Deposition, # 6 Exhibit(s) D - Index of State Docs, # 7 Exhibit(s) D-1 State Court Docket Sheet, # 8 Exhibit(s) D-2 2020-04-07 Original Petition, # 9 Exhibit(s) D-3 2020-04-07 Civil Case Info. Sheet, # 10 Exhibit(s) D-4 2020-04-07 Jury Demand, # 11 Exhibit(s) D-5 2020-04-07 Citation Issued - Bard Periphreal, # 12 Exhibit(s) D-6 2020-04-07 Citation Issued - C.R. Bard, # 13 Exhibit(s) D-7 2020-04-07 Citation Issued - McKesson, # 14 Exhibit(s) D-8 2020-05-06 Return of Service - McKesson, # 15 Exhibit(s) D-9 2020-05-22 Return of Service - C.R. Bard, # 16 Exhibit(s) D-10 2020-06-04 Return of Service Bard Peripheral) (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.] |
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