Whitaker v. C R Bard Inc et al
| Beverly Whitaker |
| McKesson Corporation, C R Bard Inc, Bard Peripheral Vascular, Inc. and C.R. Bard Inc. |
| 2:2020cv01668 |
| August 20, 2020 |
| US District Court for the Eastern District of California |
| Allison Claire |
| Dale A Drozd |
| Barbara A McAuliffe |
| Kimberly J Mueller |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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Filing 37
Joint Motion to Stay Discovery and All Pretrial Deadlines #36 and Order, signed by Magistrate Judge Barbara A. McAuliffe on 9/15/2020. (Martin-Gill, S)
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| SERVICE BY MAIL: #37 Order on Motion to Stay served on Jordan E. Jarreau NCAED, Jessica Junek NCAED, Melissa Dorman Matthews NCAED, Darren McDowell NCAED. (Martin-Gill, S) |
| Filing 36 JOINT MOTION to STAY Discovery and all Pretrial Deadlines by Bard Peripheral Vascular, Inc., C.R. Bard Inc. (Lewis, Shawtina) Modified on 9/10/2020 (York, M). |
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Filing 35
ORDER RELATING AND REASSIGNING CASES; New Case Number is 1:20-cv-1668 DAD-BAM, signed by District Judge Dale A. Drozd on 9/4/2020. (Martin-Gill, S)
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| Filing 34 NOTICE of RELATED CASE(S) 1:19-cv-01225-DAD-BAM, 2:20-cv-01677-MCE-KJN by Bard Peripheral Vascular, Inc., C.R. Bard Inc.. (Lewis, Shawtina) |
| Filing 33 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) |
| Filing 32 CLERK'S NOTICE OF DISMISSAL of Defendant McKesson Corporation pursuant to #31 Stipulation to dismiss the Complaint and all causes of action against Defendant McKesson Corporation without prejudice. (TEXT ONLY ENTRY). (Kaminski, H) |
| SERVICE BY MAIL: 32 CLERK'S NOTICE OF DISMISSAL, served on Jordan E. Jarreau NCAED, Jessica Junek NCAED, Melissa Dorman Matthews NCAED, Darren McDowell NCAED, Steven Scott Schulte NCAED. (Kaminski, H) |
| Filing 31 STIPULATION to DISMISS all causes of action against Defendant McKesson Corporation by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Lewis, Shawtina) Modified on 8/31/2020 (Kaminski, H). |
| Filing 30 NOTICE of APPEARANCE by Shawtina Ferguson Lewis on behalf of McKesson Corporation. Attorney Lewis, Shawtina Ferguson added. (Lewis, Shawtina) |
| Filing 29 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller: Defendants' Proposed Attorney Substitutions filed at ECF Nos. #26 , #27 , and #28 , are GRANTED. Accordingly, Attorney Shawtina F. Lewis is SUBSTITUTED as counsel of record for Defendants Bard Peripheral Vascular, Inc. and C R Bard Inc, in place of Attorneys Melissa D. Matthews, Jordan E. Jarreau, and Jessica Junek. (Text Only Entry)(Schultz, C) |
| Filing 28 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Bard Peripheral Vascular, Inc., C R Bard Inc. (Lewis, Shawtina) |
| Filing 27 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Bard Peripheral Vascular, Inc., C R Bard Inc. (Lewis, Shawtina) |
| Filing 26 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Bard Peripheral Vascular, Inc., C R Bard Inc. (Lewis, Shawtina) |
| Filing 25 NOTICE of APPEARANCE by Shawtina Ferguson Lewis on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc. Attorney Lewis, Shawtina Ferguson added. (Lewis, Shawtina) |
| Filing 24 AMENDED CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 1/14/2021 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Donati, J) |
| Filing 23 [DISREGARD- SEE #24 Amended New Case Documents] CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 2/24/2021 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Martin-Gill, S) Modified on 8/20/2020 (Donati, J). |
| Filing 22 CASE TRANSFERRED IN from District of Texas Northern; Case Number 3:20-cv-02226. |
| SERVICE BY MAIL: #24 Civil New Case Documents for KJM and Not Admitted Letters served on Jordan E. Jarreau NCAED, Jessica Junek NCAED, Melissa Dorman Matthews NCAED, Darren McDowell NCAED, Steven Scott Schulte NCAED. (Donati, J) |
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Filing 21
MEMORANDUM OPINION AND ORDER granting #17 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 Patricia Carn's case be severed and transferred to the Harrisburg Division of the Middle District of Pennsylvania (Civil case 3:20-cv-2218-S); b. Plaintiff Stella Colbert's case be severed and transferred to the Jackson Division of the Western District of Tennessee (Civil case 3:20-cv-2219-S); c. Plaintiff William Creekmur's case be severed and transferred to the Paducah Division of the Western District of Kentucky (Civil case 3:20-cv-2220-S); d. Plaintiff Susan Dancy's case be severed and transferred to the Jackson Division of the Western District of Tennessee (Civil case 3:20-cv-2221-S); e. Plaintiff Markus Jackson's case be severed and transferred to the Cincinnati Division of the Southern District of Ohio (Civil case 3:20-cv-2222-S); f. Plaintiff Robert Laplante's case be severed and transferred to the St. Louis Division of the Eastern District of Missouri (Civil case 3:20-cv-2223-S); g. Plaintiff Carlos McPeak's case be severed and transferred to the Roanoke Division of the Western District of Virginia (Civil case 3:20-cv-2224-S); h. Plaintiff Barry McQuitty's case be severed and transferred to the Detroit Division of the Eastern District of Michigan (Civil case 3:20-cv-2225-S); i. Plaintiff Beverly Whitaker's case be severed and transferred to the Sacramento Division of the Eastern District of California (Civil case 3:20-cv-2226-S). Plaintiff Melvin Green 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 8/17/2020) (axm) [Transferred from txnd on 8/20/2020.]
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| Filing 20 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 8/20/2020.] |
| Filing 19 Appendix in Support filed by Patricia Carn, Stella Colbert, William Creekmur, Susan Dancy, Melvin Green, Markus Jackson, Robert LaPlante, Carlos McPeak, Barry McQuitty, Beverly Whitaker re #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from txnd on 8/20/2020.] |
| Filing 18 Brief/Memorandum in Support filed by Patricia Carn, Stella Colbert, William Creekmur, Susan Dancy, Melvin Green, Markus Jackson, Robert LaPlante, Carlos McPeak, Barry McQuitty, Beverly Whitaker re #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/20/2020.] |
| Filing 17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Patricia Carn, Stella Colbert, William Creekmur, Susan Dancy, Melvin Green, Markus Jackson, Robert LaPlante, Carlos McPeak, Barry McQuitty, Beverly Whitaker (Schulte, Steven) [Transferred from txnd on 8/20/2020.] |
| Filing 16 RESPONSE filed by Patricia Carn, Stella Colbert, William Creekmur, Susan Dancy, Melvin Green, Markus Jackson, Robert LaPlante, Carlos McPeak, Barry McQuitty, Beverly Whitaker re: #2 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 (Schulte, Steven) [Transferred from txnd on 8/20/2020.] |
| Filing 15 NOTICE of Filing Completed Forms For Each Plaintiff filed by Patricia Carn, Stella Colbert, William Creekmur, Susan Dancy, Melvin Green, Markus Jackson, Robert LaPlante, Carlos McPeak, Barry McQuitty, Beverly Whitaker (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from txnd on 8/20/2020.] |
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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 8/20/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #2 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 Patricia Carn, Stella Colbert, William Creekmur, Susan Dancy, Melvin Green, Markus Jackson, Robert LaPlante, Carlos McPeak, Barry McQuitty, Beverly Whitaker (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/20/2020.] |
| Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Junek, Jessica) [Transferred from txnd on 8/20/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from txnd on 8/20/2020.] |
| Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 10 replaced to flatten image on 6/16/2020) (dsr). [Transferred from txnd on 8/20/2020.] |
| 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 txnd on 8/20/2020.] |
| 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 txnd on 8/20/2020.] |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Junek, Jessica) (Main Document 7 replaced with flattened document on 6/11/2020) (awc). [Transferred from txnd on 8/20/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Junek, Jessica) (Main Document 6 replaced with flattened document on 6/11/2020) (awc). [Transferred from txnd on 8/20/2020.] |
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Filing 5
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 6/9/2020) (chmb) [Transferred from txnd on 8/20/2020.]
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| 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. (hml) [Transferred from txnd on 8/20/2020.] |
| 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 txnd on 8/20/2020.] |
| 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 txnd on 8/20/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10900275) 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 Executed Return of Service- C.R. Bard Inc., #15 Exhibit(s) D-9 Executed Return of Service - Bard Peripheral) (Junek, Jessica) [Transferred from txnd on 8/20/2020.] |
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