Ernest Mergenthaler v. C R Bard Inc et al
| Ernest Mergenthaler |
| Does 1 through 100 Inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular Inc |
| 8:2020cv01545 |
| August 20, 2020 |
| US District Court for the Central District of California |
| Stanley Bastian |
| David O Carter |
| Autumn D Spaeth |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on October 6, 2020. 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 Stanley Bastian: IT IS HEREBY ORDERED: 1.The parties Joint Motion to Stay Discovery and All Pretrial Deadlines, ECF No. 45, 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. IT IS SO ORDERED (shb)
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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 OF THE CHIEF JUDGE (#20-096) 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 coordinated or consolidated pretrial proceedings. The case number will now reflect the initials of the transferee Judge 8:20-cv-01545 SAB(ADSx). (rn)
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Filing 43
ORDER by Judge David O. Carter, Granting Stipulation of Voluntary Dismissal of McKesson Corporation Without Prejudice Pursuant to FRCP 41(a)(1)(A)(ii) #42 . McKesson Corporation (a Corporation) terminated. (twdb)
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| Filing 42 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 41
ORDER GRANTING REQUEST TO SUBSTITUTE ATTORNEY Arati C. Furness in place of attorney Steven S. Schulte, Eric M Przybysz, and Darren McDowell for Plaintiff Ernest Mergenthale #37 by Judge David O. Carter (lc)
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Filing 40
ORDER GRANTING REQUEST TO SUBSTITUTE ATTORNEY DANIELL K. NEWMAN in place of attorney MELISSA DORMAN MATTHEWS, JORDAN E. JARREAU AND JESSICA JUNEK for DEFENDANTS Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation #39 by Judge David O. Carter (lc)
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| Filing 39 REQUEST TO SUBSTITUTE ATTORNEY DANIELL K. NEWMAN in place of attorney MELISSA DORMAN MATTHEWS, JORDAN E. JARREAU AND JESSICA JUNEK 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 WITHDAWAL 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 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 37 REQUEST TO SUBSTITUTE ATTORNEY Arati C. Furness in place of attorney Steven S. Schulte, Eric M Przybysz, and Darren McDowell filed by Plaintiff Ernest Mergenthaler. (Attachments: #1 Proposed Order Proposed Order) (Attorney Arati Chauhan Furness added to party Ernest Mergenthaler(pty:pla)) (Furness, Arati) |
| Filing 36 INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER. (kd) |
| Filing 35 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. (car) |
| Filing 34 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. (car) |
| Filing 33 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. (car) |
| Filing 32 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. (car) |
| Filing 31 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. (car) |
| Filing 30 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. (car) |
| Filing 29 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 28 NOTICE OF ASSIGNMENT to District Judge David O. Carter and Magistrate Judge Autumn D. Spaeth. (car) |
| Filing 26 ORIGINAL file, certified copy of transfer order and docket sheet received from Texas Northern |
| Filing 27 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 3:20-cv-02336-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 8:20-cv-01545-DOC-ADSx. (car) |
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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 8/24/2020.]
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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 8/24/2020.] |
| 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 8/24/2020.] |
| 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 8/24/2020.] |
| 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 8/24/2020.] |
| 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 8/24/2020.] |
| 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 8/24/2020.] |
| 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 8/24/2020.] |
| 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 8/24/2020.] |
| 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 8/24/2020.] |
| 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 8/24/2020.] |
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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 8/24/2020.]
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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 8/24/2020.] |
| 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 8/24/2020.] |
| 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 8/24/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from Texas Northern on 8/24/2020.] |
| 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 8/24/2020.] |
| 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 8/24/2020.] |
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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 8/24/2020.]
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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 8/24/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Junek, Jessica) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Junek, Jessica) [Transferred from Texas Northern on 8/24/2020.] |
| 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 8/24/2020.] |
| 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 8/24/2020.] |
| 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 8/24/2020.] |
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