Darell Harvey v. C R Bard Inc et al
| Darell Harvey |
| Does 1 through 100 Inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular Inc |
| 2:2020cv07682 |
| August 24, 2020 |
| US District Court for the Central District of California |
| Michael W Fitzgerald |
| Alicia G Rosenberg |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| 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 45
ORDER GRANTING JOINT MOTION TO STAY DISCOVERY AND ALL PRETRIAL DEADLINES #44 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 44 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 43
ORDER ON STIPULATION OF VOLUNTARY DISMISSAL PURSUANT TO FRCP 41(a)(1)(A)(ii) #42 by Judge Michael W. Fitzgerald. The Complaint and all causes of action against Defendant McKesson Corporation are dismissed without prejudice in their entirety, and each party shall bear their own fees and costs. (iv)
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| Filing 42 Joint 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 ON STIPULATION OF VOLUNTARY DISMISSAL PURSUANT TO FRCP 41(a)(1)(A)(ii))(Newman, Daniell) |
| Filing 41 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Request for Approval of Substitution of Attorney #39 by Judge Michael W. Fitzgerald. The document is stricken. (iv) |
| Filing 40 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Request for Substitution #39 . The following error(s) was/were found: Section III- Signature of party is missing. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. (iv) |
| Filing 39 **STRICKEN** REQUEST TO SUBSTITUTE ATTORNEY Arati C. Furness in place of attorney Steven S. Schulte, Eric M Przybysz, and Darren McDowell filed by Plaintiff Darell Harvey. (Attachments: #1 Proposed Order Proposed Order) (Attorney Arati Chauhan Furness added to party Darell Harvey(pty:pla)) (Furness, Arati) Modified on 9/4/2020 P er Response #41 (iv). |
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Filing 38
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY #37 by Judge Michael W. Fitzgerald. The request of C.R. Bard, Inc.; Bard Peripheral Vascular Inc.; McKesson Corp. to substitute Daniell Newman as attorney of record instead of Melissa Dorman Matthews and Jordan Jarreau is GRANTED. (iv)
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| Filing 37 REQUEST TO SUBSTITUTE ATTORNEY DANIELL K. NEWMAN in place of attorney MELISSA DORMAN MATTHEWS AND JORDAN E. JARREAU filed by DEFENDANTS 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 36 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 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 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 35 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. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) |
| Filing 34 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. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) |
| Filing 33 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. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) |
| Filing 32 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. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) |
| Filing 31 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. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) |
| Filing 30 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 29 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Alicia G. Rosenberg. (jtil) |
| Filing 28 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 3:20-cv-02469-S, from USDC 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-07682 MWF (AGRx). (jtil) |
| Filing 27 ORIGINAL file, certified copy of transfer order and docket sheet received from Texas Northern |
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Filing 26
MEMORANDUM OPINION AND ORDER grants #22 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 Ronald Dominy's case be severed and transferred to the Charlotte Division of the Western District of North Carolina (Civil case 3:20-cv-2467 opened); b. Plaintiff Norman Gueno's case be severed and transferred to the Hattiesburg Division of the Southern District of Mississippi (Civil case 3:20-cv-2468 opened); c. Plaintiff Darell Harvey's case be severed and transferred to the Los Angeles Division of the Central District of California (Civil case 3:20-cv-2469 opened); d. Plaintiff Kathleen Higgs's case be severed and transferred to the Springfield Division of the Western District of Missouri (Civil case 3:20-cv-2470 opened); e. Plaintiff Bernard Hughes's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2471 opened); f. Plaintiff Stanley Smith's case be severed and transferred to the Akron Division of the Northern District of Ohio (Civil case 3:20-cv-2472 opened); g. Plaintiff Terrance Thompson's case be severed and transferred to the Bismarck Division of the District of North Dakota (Civil case 3:20-cv-2473 opened); and h. Plaintiff Malilae Washington's case be severed and transferred to the District of Columbia (Civil case 3:20-2474 opened). Plaintiff Ricardo Mata 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.]
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Filing 25
Order:Pursuant to the parties' agreement, see ECF Nos. 22, 24, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Tina Votava'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 8/26/2020.]
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| Filing 24 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 23 Brief/Memorandum in Support filed by Ronald Dominy, Norman Gueno, Darell Harvey, Kathleen Higgs, Bernard Hughes, Ricardo Mata, Stanley Smith, Terrance Thompson, Tina Votava, Malilae Washington re #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Ronald Dominy, Norman Gueno, Darell Harvey, Kathleen Higgs, Bernard Hughes, Ricardo Mata, Stanley Smith, Terrance Thompson, Tina Votava, Malilae Washington (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 21 Appendix in Support filed by Ronald Dominy, Norman Gueno, Darell Harvey, Kathleen Higgs, Bernard Hughes, Ricardo Mata, Stanley Smith, Terrance Thompson, Tina Votava, Malilae Washington re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Ronald Dominy, Norman Gueno, Darell Harvey, Kathleen Higgs, Bernard Hughes, Ricardo Mata, Stanley Smith, Terrance Thompson, Tina Votava, Malilae Washington re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Ronald Dominy, Norman Gueno, Darell Harvey, Kathleen Higgs, Bernard Hughes, Ricardo Mata, Stanley Smith, Terrance Thompson, Tina Votava, Malilae Washington (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 18 RESPONSE filed by Ronald Dominy, Norman Gueno, Darell Harvey, Kathleen Higgs, Bernard Hughes, Ricardo Mata, Stanley Smith, Terrance Thompson, Tina Votava, Malilae Washington re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 17 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 8/26/2020.] |
| Filing 16 NOTICE of Filing Completed Forms For Each Plaintiff filed by Ronald Dominy, Norman Gueno, Darell Harvey, Kathleen Higgs, Bernard Hughes, Ricardo Mata, Stanley Smith, Terrance Thompson, Tina Votava, Malilae Washington (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.] |
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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 7/22/2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (oyh) [Transferred from Texas Northern on 8/26/2020.]
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Filing 14
ORDER: This civil action is transferred to the docket of Judge Karen Gren Scholer. All future pleadings shall be filed under Civil Action No. 3:20-CV-1531-S. (Ordered by Senior Judge Sidney A Fitzwater on 7/7/2020) (aaa) [Transferred from Texas Northern on 8/26/2020.]
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Filing 13
ORDER granting #12 Motion to Extend Time to File Response/Reply. It is ORDERED that the Plaintiffs have until 8/3/2020 to respond to Defendants' Motions to Dismiss. It is further ORDERED that Defendants have until 9/3/2020 to file replies. (Ordered by Senior Judge Sidney A Fitzwater on 6/29/2020) (ykp) [Transferred from Texas Northern on 8/26/2020.]
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| Filing 12 MOTION for Extension of Time to File Response/Reply to #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction filed by Ronald Dominy, Norman Gueno, Darell Harvey, Kathleen Higgs, Bernard Hughes, Ricardo Mata, Stanley Smith, Terrance Thompson, Tina Votava, Malilae Washington (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 11 replaced to flatten image on 6/18/2020) (dsr). [Transferred from Texas Northern on 8/26/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 9 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.] |
| Filing 8 Brief/Memorandum in Support filed by McKesson Corporation re #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 7 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.] |
| 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. (hml) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Matthews, Melissa) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Matthews, Melissa) [Transferred from Texas Northern on 8/26/2020.] |
| 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 (Matthews, Melissa) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. (Matthews, Melissa) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10907739) 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 - Plaintiffs' Original Petition, #9 Exhibit(s) D-3 - Civil Case Info Sheet, #10 Exhibit(s) D-4 - Citation Issued to Bard Peripheral Vascular, Inc., #11 Exhibit(s) D-5 - Citation Issued to C.R. Bard, Inc., #12 Exhibit(s) D-6 - Citation Issued to McKesson Corp., #13 Exhibit(s) D-7 - Affidavit of Service - McKesson, #14 Exhibit(s) D-8 - Return of Service - C.R. Bard, #15 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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