Staker v. C R Bard Inc et al
Plaintiff: Lucas Staker
Defendant: DOES 1 through 100 inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular Incorporated
Case Number: 3:2020cv01726
Filed: September 3, 2020
Court: US District Court for the Southern District of California
Presiding Judge: Roger T Benitez
Referring Judge: Karen S Crawford
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332 pl
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 3, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 1, 2020 Filing 39 Due to a conflict in the Court's calendar, the Early Neutral Evaluation and Case Management Conference previously scheduled for November 2, 2020 are hereby rescheduled to November 16, 2020 at 2:00 p.m. These proceedings will be held telephonically. The parties are to lodge confidential ENE statements with the Court on or before November 9, 2020. All other deadlines, instructions and mandatory guidelines set forth in the Court's Notice and Order Setting Early Neutral Evaluation Conference (Doc. No. 30) remain in effect. (Case Management Conference set for 11/16/2020 02:00 PM before Magistrate Judge Karen S. Crawford., Early Neutral Evaluation set for 11/16/2020 02:00 PM before Magistrate Judge Karen S. Crawford.)(no document attached) (src)
September 29, 2020 Filing 38 Mail Returned as Undeliverable re #30 Notice and Order for Early Neutral Evaluation conference. Mail sent to Darren McDowell. (bta)
September 28, 2020 Filing 37 Mail Returned as Undeliverable re 29 Electronic Transfer In. Mail sent to Darren McDowell. (bta)
September 28, 2020 Filing 36 Mail Returned as Undeliverable re #28 Case Transferred In - District Transfer. Mail sent to Darren McDowell. (bta)
September 21, 2020 Filing 35 NOTICE of Voluntary Dismissal by Bard Peripheral Vascular Incorporated, C R Bard Inc, DOES 1 through 100 inclusive, McKesson Corporation (Attachments: #1 Proof of Service)(Ishrak, Syed) (mme).
September 21, 2020 Filing 34 Joint MOTION to Stay and Incorporated Memorandum of Law by Bard Peripheral Vascular Incorporated, C R Bard Inc, DOES 1 through 100 inclusive, McKesson Corporation. (Attachments: #1 Proof of Service)(Ishrak, Syed) (mme).
September 11, 2020 Filing 33 NOTICE of Appearance by Syed Idris Ishrak on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, DOES 1 through 100 inclusive, McKesson Corporation (Attachments: #1 Proof of Service)(Ishrak, Syed)Attorney Syed Idris Ishrak added to party Bard Peripheral Vascular Incorporated(pty:dft), Attorney Syed Idris Ishrak added to party C R Bard Inc(pty:dft), Attorney Syed Idris Ishrak added to party DOES 1 through 100 inclusive(pty:dft), Attorney Syed Idris Ishrak added to party McKesson Corporation(pty:dft) (mme).
September 11, 2020 Filing 32 MOTION to Substitute Attorney by Bard Peripheral Vascular Incorporated, C R Bard Inc, DOES 1 through 100 inclusive, McKesson Corporation. (Attachments: #1 Proof of Service)(Andrews, Tyler) (mme).
September 11, 2020 Filing 31 NOTICE of Appearance by Tyler R. Andrews on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, DOES 1 through 100 inclusive, McKesson Corporation (Attachments: #1 Proof of Service)(Andrews, Tyler)Attorney Tyler R. Andrews added to party Bard Peripheral Vascular Incorporated(pty:dft), Attorney Tyler R. Andrews added to party C R Bard Inc(pty:dft), Attorney Tyler R. Andrews added to party DOES 1 through 100 inclusive(pty:dft), Attorney Tyler R. Andrews added to party McKesson Corporation(pty:dft)(mme).
September 10, 2020 Opinion or Order Filing 30 NOTICE AND ORDER for Early Neutral Evaluation Conference; Rule 26 Compliance; and Case Management Conference. Early Neutral Evaluation set for 11/2/2020 09:30 AM before Magistrate Judge Karen S. Crawford. Case Management Conference set for 11/2/2020 09:30 AM before Magistrate Judge Karen S. Crawford. Joint Discovery Plan due 10/26/2020. Signed by Magistrate Judge Karen S. Crawford on 9/10/2020.(All non-registered users served via U.S. Mail Service)(mme)
September 3, 2020 Filing 29 Judge Roger T. Benitez and Magistrate Judge Karen S. Crawford assigned to transfer case from Northern District of Texas. (All non-registered users served via U.S. Mail Service)(no document attached)(mme)(jrd)
September 3, 2020 Filing 28 Case transferred in from the Northern District of Texas; Case Number 3:20-cv-02666-S. Original file received electronically.
August 31, 2020 Opinion or Order Filing 27 MEMORANDUM OPINION AND ORDER granting #21 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 Clara Coleman's case be severed and transferred to the Eastern Division of the Northern District of Illinois (Civil case 3:20-cv-2660-S opened); b. Plaintiff Troy Frederick's case be severed and transferred to the Akron Division of the Northern District of Ohio (Civil case 3:20-cv-2661-S opened); c. Plaintiff Debra Griffin's case be severed and transferred to the Northern Division of the Eastern District of Michigan (Civil case 3:20-cv-2662-S opened); d. Plaintiff Diana Long's case be severed and transferred to the Eastern District of Pennsylvania (Civil case 3:20-cv-2663-S opened); e. Plaintiff Debra Matter's case be severed and transferred to the Middle District of Pennsylvania (Civil case 3:20-cv-2664-S opened); f. Plaintiff Frederick Pilger's case be severed and transferred to the Northern Division of the District of Maryland (Civil case 3:20-cv-2665-S opened); g. Plaintiff Lucas Staker's case be severed and transferred to the Southern District of California (Civil case 3:20-cv-2666-S opened); and h. Plaintiff David Tobias's case be severed and transferred to the Cleveland Division of the Northern District of Ohio (Civil case 3:20-cv-2667-S opened). Plaintiff Ruby Byrd 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 Texas Northern on 9/3/2020.]
August 25, 2020 Opinion or Order Filing 26 ORDER: Pursuant to the parties' agreement, see ECF Nos. #21 , #25 , the Court DISMISSES WITHOUT PREJUDICE Plaintiff Ana Ayalanieves'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 8/25/2020) (ctf) [Transferred from Texas Northern on 9/3/2020.]
August 24, 2020 Filing 25 Supplemental RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #21 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) Modified title on 8/25/2020 (awc). [Transferred from Texas Northern on 9/3/2020.]
August 14, 2020 Filing 24 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #21 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.]
August 3, 2020 Filing 23 Appendix in Support filed by Ana Ayalanieves, Clara Coleman, Troy Frederick, Debra Griffin, Diana Long, Debra Matter, Frederick Pilger, Lucas Staker, David Tobias re #21 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.]
August 3, 2020 Filing 22 Brief/Memorandum in Support filed by Ana Ayalanieves, Clara Coleman, Troy Frederick, Debra Griffin, Diana Long, Debra Matter, Frederick Pilger, Lucas Staker, David Tobias re #21 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.]
August 3, 2020 Filing 21 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by Ana Ayalanieves, Clara Coleman, Troy Frederick, Debra Griffin, Diana Long, Debra Matter, Frederick Pilger, Lucas Staker, David Tobias (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.]
August 3, 2020 Filing 20 RESPONSE AND OBJECTION filed by Ana Ayalanieves, Ruby Byrd, Clara Coleman, Troy Frederick, Debra Griffin, Diana Long, Debra Matter, Frederick Pilger, Lucas Staker, David Tobias re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.]
August 3, 2020 Filing 19 ***DISREGARD/FILED IN THE WRONG CASE*** MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by Ana Ayalanieves, Clara Coleman, Troy Frederick, Debra Griffin, Diana Long, Debra Matter, Frederick Pilger, Lucas Staker, David Tobias (Attachments: #1 Proposed Order) (Schulte, Steven) Modified on 8/3/2020 (ykp). [Transferred from Texas Northern on 9/3/2020.]
August 3, 2020 Filing 18 ***DISREGARD/FILED IN THE WRONG CASE***RESPONSE AND OBJECTION filed by Ana Ayalanieves, Ruby Byrd, Clara Coleman, Troy Frederick, Debra Griffin, Diana Long, Debra Matter, Frederick Pilger, Lucas Staker, David Tobias re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) Modified on 8/3/2020 (ykp). [Transferred from Texas Northern on 9/3/2020.]
July 22, 2020 Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Ana Ayalanieves, Ruby Byrd, Clara Coleman, Troy Frederick, Debra Griffin, Diana Long, Debra Matter, Frederick Pilger, Lucas Staker, David Tobias (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.]
July 22, 2020 Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.]
July 16, 2020 Opinion or Order 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 Texas Northern on 9/3/2020.]
July 1, 2020 Opinion or Order 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 9/3/2020.]
June 29, 2020 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 Ana Ayalanieves, Ruby Byrd, Clara Coleman, Troy Frederick, Debra Griffin, Diana Long, Debra Matter, Frederick Pilger, Lucas Staker, David Tobias (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.]
June 18, 2020 Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.]
June 18, 2020 Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.]
June 18, 2020 Filing 10 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.]
June 18, 2020 Filing 9 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.]
June 18, 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 Texas Northern on 9/3/2020.]
June 12, 2020 Opinion or Order Filing 7 ORDER: Case reassigned to Judge Karen Gren Scholer for all further proceedings. Chief Judge Barbara M. G. Lynn no longer assigned to case. (Ordered by Chief Judge Barbara M. G. Lynn on 6/12/2020) (ndt) [Transferred from Texas Northern on 9/3/2020.]
June 11, 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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from Texas Northern on 9/3/2020.]
June 11, 2020 Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.]
June 11, 2020 Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.]
June 11, 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 Texas Northern on 9/3/2020.]
June 11, 2020 Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.]
June 11, 2020 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10908285) 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 2020-04-06 Original Petition, #9 Exhibit(s) D-3 2020-04-06 Civil Case Info. Sheet, #10 Exhibit(s) D-4 2020-04-06 Jury Demand, #11 Exhibit(s) D-5 2020-04-06 Citation Issued - Bard Peripheral, #12 Exhibit(s) D-6 2020-04-06 Citation Issued - McKesson, #13 Exhibit(s) D-7 2020-04-06 Citation Issues - C.R. Bard, #14 Exhibit(s) D-8 2020-05-06 Return of Service - McKesson, #15 Exhibit(s) D-9 2020-05-22 Return of Service - C.R. Bard, #16 Exhibit(s) D-10 2020-06-04 Return of Service Bard Peripheral) (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.]

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Defendant: DOES 1 through 100 inclusive
Represented By: Syed Idris Ishrak
Represented By: Tyler R. Andrews
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Defendant: McKesson Corporation
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: Syed Idris Ishrak
Represented By: Tyler R. Andrews
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Defendant: C R Bard Inc
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: Syed Idris Ishrak
Represented By: Tyler R. Andrews
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Defendant: Bard Peripheral Vascular Incorporated
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: Syed Idris Ishrak
Represented By: Tyler R. Andrews
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Plaintiff: Lucas Staker
Represented By: Darren McDowell
Represented By: Eric Martin Przybysz
Represented By: Steven Scott Schulte
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