Pelayo v. C R Bard Inc et al
| Jennifer Pelayo |
| McKesson Corporation, Bard Peripheral Vascular Incorporated, C.R. Bard Inc. and Does 1-100 inclusive |
| 1:2020cv01264 |
| September 4, 2020 |
| US District Court for the Eastern District of California |
| Dale A Drozd |
| Anthony W Ishii |
| Barbara A McAuliffe |
| Sheila K Oberto |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on February 25, 2021. A more recent docket listing may be available from PACER.
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Filing 43
MINUTE ORDER (TEXT Only): On September 15, 2020, the parties filed a stipulation of dismissal without prejudice as to Defendant McKesson Corporation pursuant to Federal Rule of Civil Procedure 41 (Doc. #38 ). In light of the stipulated dismissal, Defendant McKesson Corporation only is dismissed from this action by operation of law without further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court is directed to terminate only this defendant on the docket. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 10/1/2020. (Valdez, E)
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| SERVICE BY MAIL: 43 Minute Order, served on Jordan E. Jarreau NCAED, Melissa Dorman Matthews NCAED, and Darren McDowell NCAED. (Valdez, E) |
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Filing 42
ORDER GRANTING #39 Parties' Joint Motion to Stay Discovery and All Pretrial Deadlines signed by Magistrate Judge Barbara A. McAuliffe on 9/16/2020. (Jessen, A)
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| SERVICE BY MAIL: #42 Order on Motion to Stay served on Jordan E. Jarreau NCAED, Melissa Dorman Matthews NCAED, Darren McDowell NCAED. (Jessen, A) |
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Filing 41
MINUTE ORDER (Text Only): In light of the Court 's Order Relating and Reassigning Cases, in the interest of efficiency and judicial economy, the Initial Scheduling Conferences in related cases Daryl Bond v. C R Bard, Inc., Case No. 1:20-cv-00444-DAD-BAM; Beverly Whitaker v. C R Bard, Inc., et al., Case No. 1:20-cv-01668-DAD-BAM; Tom Leonhart v. C R Bard Incorporated, et al., Case No. 1:20-cv-01677-DAD-BAM; Vandlean Mosier v. C R Bard Incorporated, et al., Case No. 2:20-cv-01767-DAD-BAM; and Jennifer Pelayo v. C R Bard Incorporated, et al., Case No. 1:20-cv-01677-DAD-BAM shall be held on the same date and time. Accordingly, the Initial SCHEDULING CONFERENCE is hereby RESET for December 9, 2020, at 9:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. As part of their Rule 26 conference, the parties shall meet and confer regarding a uniform and coordinated proposed schedule for amendment of the pleadings, exchange of initial disclosures, fact discovery, expert discovery, and dispositive motion filing deadlines in the related cases. In light of the judicial emergency in this District, the Court will not set pretrial conference or trial dates. The parties should also discuss coordination, consolidation, and any other procedure to conserve judicial resources. A JOINT Scheduling Conference Report, carefully prepared and executed by all counsel, shall be electronically filed in full compliance with the requirements set forth in the Order Setting Mandatory Scheduling Conference (see attached) one (1) full week prior to the Scheduling Conference, and a copy shall be e-mailed, in Word format, to bamorders@caed.uscourts.gov. The parties are encouraged to appear telephonically at the Scheduling Conference and may do so with each party using the following dial-in number and passcode: dial-in number 1-877-411-9748; passcode 3219139. The parties are reminded of their obligation to file a Notice of Related Case pursuant to Local Rule 123 for any future related cases that are remanded or transferred to the Court. The parties are further directed to promptly address as appropriate any counsel identified on the docket who have not been terminated and are not admitted to practice before the Court. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 9/16/2020. (Valdez, E)
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Filing 40
ORDER RELATING AND REASSIGNING CASES, signed by District Judge Dale A. Drozd on 9/14/2020. (Martin-Gill, S)
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| Filing 39 MOTION to STAY by Bard Peripheral Vascular Incorporated, C.R. Bard Inc., McKesson Corporation. (Lewis, Shawtina) |
| Filing 38 STIPULATION of DISMISSAL OF CLAIMS AGAINST MCKESSON CORPORATION WITHOUT PREJUDICE by Bard Peripheral Vascular Incorporated, C.R. Bard Inc., McKesson Corporation. (Lewis, Shawtina) |
| SERVICE BY MAIL: #40 Order served on Jordan E. Jarreau NCAED, Melissa Dorman Matthews NCAED, Darren McDowell NCAED. (Martin-Gill, S) |
| Filing 37 CORPORATE DISCLOSURE STATEMENT by Defendants Bard Peripheral Vascular Incorporated, C.R. Bard Inc.. (Lewis, Shawtina) |
| Filing 36 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Lewis, Shawtina) |
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Filing 35
ORDER SUBSTITUTING ATTORNEY, Shawtina F. Lewis in place of attorney Melissa Dorman Matthews, NCAED signed by Magistrate Judge Sheila K. Oberto on 9/9/2020. (Lundstrom, T)
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Filing 34
ORDER SUBSTITUTING ATTORNEY, Shawtina F. Lewis in place of attorney Jordan E. Jarreau, NCAED signed by Magistrate Judge Sheila K. Oberto on 9/9/2020. (Lundstrom, T)
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| SERVICE BY MAIL: #34 Substitution of Attorney Order, #35 Substitution of Attorney Order served on Jordan E. Jarreau NCAED, Melissa Dorman Matthews NCAED, Darren McDowell NCAED, Steven Scott Schulte NCAED. (Lundstrom, T) |
| Filing 33 NOTICE of RELATED CASE(S) 1:19-cv-01225, 2:20-cv-01767 by Bard Peripheral Vascular Incorporated, C.R. Bard Inc.. (Lewis, Shawtina) |
| Filing 32 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Bard Peripheral Vascular Incorporated, C.R. Bard Inc.. (Lewis, Shawtina) |
| Filing 31 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Bard Peripheral Vascular Incorporated, C.R. Bard Inc., McKesson Corporation. (Lewis, Shawtina) |
| Filing 30 NOTICE of APPEARANCE by Shawtina Ferguson Lewis on behalf of Bard Peripheral Vascular Incorporated, C.R. Bard Inc., McKesson Corporation. Attorney Lewis, Shawtina Ferguson added. (Lewis, Shawtina) |
| Filing 29 CLERK'S NOTICE to ALL Attorneys: If you wish to practice in this court Pro Hac Vice status, you will need to fill out the Pro Hac Vice Application and submit the $225.00 fee to do so. If you are admitted to the California State Bar but not admitted to practice in this court, you will need to fill out the Petition for Admission Application and submit the $200.00 fee. (Attachments: #1 Atty.Petition.Admission) (Marrujo, C) |
| Filing 28 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 11/10/2020 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Consent Form, #2 VDRP) (Marrujo, C) |
| Filing 27 CASE TRANSFERRED IN from District of Texas Northern; Case Number 3:20-cv-02681. |
| SERVICE BY MAIL: #29 Docket Annotation, #28 Civil New Case Documents for AWI served on Jordan E. Jarreau NCAED, Melissa Dorman Matthews NCAED, Darren McDowell NCAED, Steven Scott Schulte NCAED. (Marrujo, C) |
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Filing 26
MEMORANDUM OPINION AND ORDER #19 Unopposed 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 Addis's case be severed and transferred to the Western Division of the Central District of California (Civil case 3:20-cv-2675-S opened); b. Plaintiff Kristan Clark's case be severed and transferred to the Eugene Division of the District of Oregon (Civil case 3:20-cv-2676-S opened); c. Plaintiff Brent Goshorn's case be severed and transferred to the Southern Division of the Western District of Michigan (Civil case 3:20-cv-2677-S opened); d. Plaintiff David Holtzman's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (Civil case 3:20-cv-2678-S opened); e. Plaintiff Judith Hooper's case be severed and transferred to the Alexandria Division of the Eastern District of Virginia (Civil case 3:20-cv-2679-S opened); f. Plaintiff Timothy Miller's case be severed and transferred to the San Jose Division of the Northern District of California (Civil case 3:20-cv-2680-S opened); g. Plaintiff Jennifer Pelayo's case be severed and transferred to the Fresno Division of the Eastern District of California (Civil case 3:20-cv-2681-S opened); and h. Plaintiff Katherine Proudfoot's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2682-S opened). Plaintiff Peggy Aguilar 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) (axm) [Transferred from txnd on 9/4/2020.]
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| Filing 25 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #24 Supplemental 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 txnd on 9/4/2020.] |
| Filing 24 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Brent Goshorn (Schulte, Steven) [Transferred from txnd on 9/4/2020.] |
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Filing 23
ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Anthony Juarez's claims against Defendants. The parties shall bear their own costs. (Ordered by Judge Karen Gren Scholer on 8/19/2020) (axm) [Transferred from txnd on 9/4/2020.]
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| Filing 22 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 9/4/2020.] |
| Filing 21 Appendix in Support filed by James Addis, Peggy Aguilar, Kristan Clark, Brent Goshorn, David Holtzman, Judith Hooper, Anthony Juarez, Timothy Miller, Jennifer Pelayo, Katherine Proudfoot re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from txnd on 9/4/2020.] |
| Filing 20 Brief/Memorandum in Support filed by James Addis, Peggy Aguilar, Kristan Clark, Brent Goshorn, David Holtzman, Judith Hooper, Anthony Juarez, Timothy Miller, Jennifer Pelayo, Katherine Proudfoot re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 9/4/2020.] |
| Filing 19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by James Addis, Peggy Aguilar, Kristan Clark, Brent Goshorn, David Holtzman, Judith Hooper, Anthony Juarez, Timothy Miller, Jennifer Pelayo, Katherine Proudfoot (Schulte, Steven) [Transferred from txnd on 9/4/2020.] |
| Filing 18 RESPONSE filed by James Addis, Peggy Aguilar, Kristan Clark, Brent Goshorn, David Holtzman, Judith Hooper, Anthony Juarez, Timothy Miller, Jennifer Pelayo, Katherine Proudfoot re: #2 MOTION to Dismiss for Lack of Jurisdiction , #9 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from txnd on 9/4/2020.] |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by James Addis, Peggy Aguilar, Kristan Clark, Brent Goshorn, David Holtzman, Judith Hooper, Anthony Juarez, Timothy Miller, Jennifer Pelayo, Katherine Proudfoot (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from txnd on 9/4/2020.] |
| Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from txnd on 9/4/2020.] |
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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 txnd on 9/4/2020.]
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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 txnd on 9/4/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #2 MOTION to Dismiss for Lack of Jurisdiction , #9 MOTION to Dismiss for Lack of Jurisdiction filed by James Addis, Peggy Aguilar, Kristan Clark, Brent Goshorn, David Holtzman, Judith Hooper, Anthony Juarez, Timothy Miller, Jennifer Pelayo, Katherine Proudfoot (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/4/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from txnd on 9/4/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from txnd on 9/4/2020.] |
| Filing 10 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from txnd on 9/4/2020.] |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from txnd on 9/4/2020.] |
| 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 txnd on 9/4/2020.] |
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Filing 7
ORDER: The undersigned Senior United States District Judge ORDERS that the above-styled and -numbered civil action be TRANSFERRED to the docket of the Honorable Karen Gren Scholer, United States District Judge, for further case management. This civil action shall henceforth carry the suffix letter "S." (Ordered by Senior Judge Sam R Cummings on 6/15/2020) (twd) [Transferred from txnd on 9/4/2020.]
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| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc identifying Corporate Parent/Other Affiliate Becton, Dickinson and Company for C R Bard Inc. (Jarreau, Jordan) Modified corporate parent on 6/12/2020 (mla). [Transferred from txnd on 9/4/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from txnd on 9/4/2020.] |
| Filing 4 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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from txnd on 9/4/2020.] |
| 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 txnd on 9/4/2020.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from txnd on 9/4/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10903894) 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 - 2020-04-03 Plaintiffs' Original Petition, #9 Exhibit(s) D-3 - 2020-04-03 Civi Case Info. Sheet, #10 Exhibit(s) D-4 - 2020-04-03 Citation Issued - Bard Peripheral, #11 Exhibit(s) D-5 - 2020-04-03 Citation Issued - C.R. Bard, #12 Exhibit(s) D-6 - 2020-04-03 Citation Issued - McKesson, #13 Exhibit(s) D-7 - 2020-05-06 Affidavit of Service - McKesson, #14 Exhibit(s) D-8 - 2020-05-22 Return of Service - C.R. Bard, #15 Exhibit(s) D-9 - 2020-06-04 Return of Service - Bard Peripheral) (Jarreau, Jordan) [Transferred from txnd on 9/4/2020.] |
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