Miller v. C R Bard Inc et al
| Timothy Miller |
| McKesson Corporation, C R Bard Inc, Bard Peripheral Vascular Incorporated and Does 1 - 100, inclusive |
| 4:2020cv06250 |
| September 3, 2020 |
| US District Court for the Northern District of California |
| Jon S Tigar |
| Kandis A Westmore |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 22, 2020. A more recent docket listing may be available from PACER.
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| Filing 61 Minute Entry for proceedings held before Judge Jon S. Tigar: Further Case Management Conference held on 10/22/2020. Hearing held via Zoom videoconference. Case Management Statement due by 12/10/2020. Further Case Management Conference set for 12/17/2020 02:00 PM in Videoconference Only.Total Time in Court: 13 minutes. Court Reporter: Not reported. Counsel for Plaintiff Rouse: Carlyle Varlack Counsel for Plaintiff Layman-Hanes: Rand NolenCounsel for Plaintiff Laloli: Kristi Wood, Greg RuebCounsel for Plaintiffs Umphreys and McGillivary:Greg Rueb Counsel for Plaintiffs Evans, Knight, Harp, and Burlington: David Langevin Counsel for Plaintiffs Hoyopatubbi, Douglas, Hunter and Miller:Arati FurnessDefendant Attorney: Matthew Lerner, Shawtina Lewis, Steven Boranian. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mllS, COURT STAFF) (Date Filed: 10/22/2020) |
| Filing 60 CLERKS NOTICE SETTING ZOOM HEARING. Further Case Management Conference set for 10/22/2020 09:30 AM in Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jst Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than October 21, 2020 by 10:00 a.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Further Case Management Conference set for 10/22/2020 09:30 AM in Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mllS, COURT STAFF) (Filed on 10/15/2020) |
| Filing 59 ****PLEASE DISREGARD. ENTERED IN ERROR. SEE CORRECTED ENTRY AT ECF. 60*****CLERKS NOTICE SETTING ZOOM HEARING. Further Case Management Conference set for 10/22/2020 02:00 PM in Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jst Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than October 21, 2020 by 10:00 a.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Further Case Management Conference set for 10/22/2020 02:00 PM in Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mllS, COURT STAFF) (Filed on 10/15/2020) Modified on 10/15/2020 (mllS, COURT STAFF). Modified on 10/16/2020 (jmlS, COURT STAFF). |
| Filing 58 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Furness, Arati) (Filed on 10/12/2020) |
| Filing 57 JOINT CASE MANAGEMENT STATEMENT and Proposed Order filed by Bard Peripheral Vascular Incorporated, C R Bard Inc. and Timothy Miller. (Lerner, Matthew) (Filed on 10/6/2020) Modified on 10/6/2020 (jmlS, COURT STAFF). |
| Filing 56 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options parties intend to stipulate to an ADR process. (Lewis, Shawtina) (Filed on 10/5/2020) |
| Filing 55 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmfS, COURT STAFF) (Filed on 10/5/2020) |
| Filing 54 Certificate of Interested Entities by Bard Peripheral Vascular Incorporated, C R Bard Inc identifying Corporate Parent Becton, Dickinson and Company for Bard Peripheral Vascular Incorporated, C R Bard Inc. (Lewis, Shawtina) (Filed on 10/1/2020) |
| Filing 53 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 10/15/2020. Initial Case Management Conference set for 10/22/2020 09:30 AM in Oakland, Courtroom 6, 2nd Floor. (mllS, COURT STAFF) (Filed on 9/30/2020) |
Filing 52
ORDER REASSIGNING CASE. Case reassigned to Judge Jon S. Tigar for all further proceedings. Judge Maxine M. Chesney no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 9/30/2020. (Attachments: #1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 9/30/2020)
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Filing 51
ORDER RELATING CASES to 15-cv-04569-JST. Signed by Judge Jon S. Tigar on September 29, 2020. (mllS, COURT STAFF) (Filed on 9/29/2020)
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| Filing 50 Corrected ORDER REASSIGNING CASE. Case reassigned to Judge Maxine M. Chesney for all further proceedings. Judge Jeffrey S. White no longer assigned to case, disregard previous reassignment order posted. Clerical error in processing Notice of Pendency. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 9/25/20. (Attachments: #1 Notice of Eligibility for Video Recording)(asS, COURT STAFF) (Filed on 9/25/2020) |
| Filing 49 ** Please disregard, please see #50 for corrected filing** ORDER REASSIGNING CASE. Case reassigned to Judge Jeffrey S. White for all further proceedings. Pursuant to Notice of Pendency. Judge Maxine M. Chesney no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 9/25/20. (Attachments: #1 Notice of Eligibility for Video Recording)(asS, COURT STAFF) (Filed on 9/25/2020) Modified on 9/25/2020 (arkS, COURT STAFF). |
| Filing 48 NOTICE of Appearance by Courtland Carter Chillingworth (Chillingworth, Courtland) (Filed on 9/22/2020) |
| Filing 47 NOTICE of Appearance by Emily Frances Lynch (Lynch, Emily) (Filed on 9/22/2020) |
| Filing 46 NOTICE of Pendency of Other Action Involving Same Patent by Bard Peripheral Vascular Incorporated, C R Bard Inc (Boranian, Steven) (Filed on 9/22/2020) |
| Filing 45 NOTICE of Appearance by Steven J. Boranian (Boranian, Steven) (Filed on 9/22/2020) |
| Filing 44 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Timothy Miller.. (Furness, Arati) (Filed on 9/18/2020) |
| Filing 43 NOTICE of Appearance by Arati Chauhan Furness (Furness, Arati) (Filed on 9/18/2020) |
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Filing 42
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY. Shawtina F. Lewis is substituted in place of Melissa Dorman Matthews as counsel for C.R. Bard, Inc. and Bard Peripheral Vascular, Inc. Signed by Judge Maxine M. Chesney on September 15, 2020. (mmclc1, COURT STAFF) (Filed on 9/15/2020)
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Filing 41
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY. Shawtina F. Lewis is substituted in place of Jordan E. Jarreau as counsel for C.R. Bard, Inc. and Bard Peripheral Vascular, Inc. Signed by Judge Maxine M. Chesney on September 15, 2020. (mmclc1, COURT STAFF) (Filed on 9/15/2020) Modified on 9/15/2020 (mmclc1, COURT STAFF).
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| Filing 40 STIPULATION TO DISMISS CLAIMS AGAINST MCKESSON CORPORATION WITHOUT PREJUDICE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. (Lewis, Shawtina) (Filed on 9/15/2020) |
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Filing 39
ORDER DENYING AS MOOT DEFENDANTS' MOTIONS TO DISMISS. Signed by Judge Maxine M. Chesney on September 14, 2020. (mmclc1, COURT STAFF) (Filed on 9/14/2020)
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| Filing 38 Corporate Disclosure Statement by Bard Peripheral Vascular Incorporated, C R Bard Inc identifying Corporate Parent Becton, Dickinson and Company for Bard Peripheral Vascular Incorporated, C R Bard Inc. (Lewis, Shawtina) (Filed on 9/11/2020) |
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Filing 37
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 12/11/2020 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. Joint Case Management Statement due by 12/4/2020.. Signed by Judge Maxine M. Chesney on 9/11/2020. (tlS, COURT STAFF) (Filed on 9/11/2020)
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Filing 36
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Maxine M. Chesney for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 9/11/2020. (Attachments: #1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 9/11/2020)
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| Filing 35 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (dtmS, COURT STAFF) (Filed on 9/10/2020) |
| Filing 34 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation.. (Lewis, Shawtina) (Filed on 9/10/2020) |
| Filing 33 NOTICE of Appearance by Shawtina F. Lewis as counsel for Defendants C.R. Bard, Inc., Bard Peripheral Vascular, Inc., and McKesson Corporation (Lewis, Shawtina) (Filed on 9/9/2020) |
| Filing 32 MOTION to Substitute Attorney Shawtina F. Lewis as counsel of record in place of Melissa Dorman Matthews filed by Bard Peripheral Vascular Incorporated, C R Bard Inc. (Lewis, Shawtina) (Filed on 9/9/2020) |
| Filing 31 MOTION to Substitute Attorney Shawtina F. Lewis as counsel of record in place of Jordan E. Jarreau filed by Bard Peripheral Vascular Incorporated, C R Bard Inc. (Lewis, Shawtina) (Filed on 9/9/2020) |
| Filing 30 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) Consent/Declination due by 9/18/2020. (anjS, COURT STAFF) (Filed on 9/4/2020) Modified on 9/8/2020 (anjS, COURT STAFF). |
| Filing 28 CLERK'S NOTICE Acknowledgement of receipt of case transfer in from the Northern District of Texas (anjS, COURT STAFF) (Filed on 9/4/2020) |
| Filing 27 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02680. Original file certified copy of transfer order and docket sheet received. |
| Filing 29 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/1/2020. Initial Case Management Conference set for 12/8/2020 01:30 PM. (anjS, COURT STAFF) (Filed on 9/3/2020) |
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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)
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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) |
| Filing 24 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Brent Goshorn (Schulte, Steven) |
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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)
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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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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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)
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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)
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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) |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) |
| Filing 10 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) |
| Filing 8 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) |
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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)
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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). |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) |
| 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) |
| 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) |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) |
| 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) |
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