Toft v. C R Bard Inc et al
| Kathlene Toft |
| McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular, Inc. |
| 1:2020cv02488 |
| August 19, 2020 |
| US District Court for the District of Colorado |
| Denver Office |
| Daniel D Domenico |
| N Reid Neureiter |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 16, 2020. A more recent docket listing may be available from PACER.
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Filing 47
Minute ORDER by Magistrate Judge N. Reid Neureiter on 16 September 2020. It is hereby ORDERED that the Joint Motion to Stay Discovery and All Pretrial Deadlines (Dkt. #45 ) is GRANTED finding good cause shown. This case is STAYED for 90 days, up to and including December 15, 2020, on which date the parties shall file a Status Report. It is further ORDERED that the Scheduling Conference set for October 8, 2020 at 11:00 a.m. is VACATED and RESET to December 30, 2020 at 9:30 a.m. The proposed Scheduling Order shall be filed on or before December 23, 2020. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
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Filing 46
ORDER REFERRING MOTION: #45 Joint Motion to Stay Discovery and All Pretrial Deadlines filed by C R Bard Inc, Bard Peripheral Vascular, Inc. Motion referred to Magistrate Judge N. Reid Neureiter by Judge Daniel D. Domenico on 9/14/2020. Text Only Entry (dddlc1, )
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| Filing 45 Joint MOTION to Stay Discovery and All Pretrial Deadlines by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc. (Attachments: #1 Proposed Order (PDF Only))(Gansborg, Blake) |
| Filing 44 ADVISORY NOTICE TO ATTORNEY AND COURT: Steven Schulte attempted to enter his appearance in this case by affixing his "/s/" signature to ECF Document No. 36. A search of the court's attorney roll does not indicate that Mr. Schulte is a member of the bar of this court. Pursuant to D.C.COLO.LAttyR 5(a)(5), his purported appearance will not be recognized at this time. (Text Only Entry) (mfred) |
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Filing 43
MINUTE ORDER by Magistrate Judge N. Reid Neureiter on 28 August 2020. It is hereby ORDERED that a Scheduling Conference is set for October 8, 2020 at 11:00 a.m. Mountain Time. The Scheduling Conference shall be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390#, at the scheduled time. The parties shall file a proposed Scheduling Order on or before October 1, 2020. The parties are directed to email to Chambers (Neureiter_Chambers@cod.uscourts.gov) a copy of the proposed Scheduling Order in Microsoft Word. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
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Filing 42
ORDER DENYING AS MOOT #2 Defendants' Motion to Dismiss the Out-of-State Plaintiffs' Claims for Lack of Personal Jurisdiction in light of #25 Order Granting #21 Plaintiffs' Motion to Sever and Transfer Venue of Out-of-State Plaintiffs' Cases. By Judge Daniel D. Domenico on 8/28/2020. Text Only Entry (dddlc1, )
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| Filing 40 Defendant McKesson Corporation terminated pursuant to #36 Stipulation to Dismiss Claims Against McKesson Corporation Without Prejudice filed on 8/28/2020. Text Only Entry (dddlc1, ) |
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Filing 39
ORDER DENYING AS MOOT #10 McKesson Corporation's Motion to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction in light of #36 Stipulation to Dismiss Claims Against McKesson Corporation Without Prejudice. By Judge Daniel D. Domenico on 8/28/2020. Text Only Entry (dddlc1, )
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Filing 37
ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Daniel D. Domenico on 8/28/2020. Text Only Entry (dddlc1, )
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| Filing 36 STIPULATION to Dismiss Claims Against McKesson Corporation without Prejudice by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Gansborg, Blake) |
| Filing 35 NOTICE of Related Cases by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc (Gansborg, Blake) |
| Filing 34 NOTICE of Entry of Appearance by Blake A. Gansborg on behalf of McKesson CorporationAttorney Blake A. Gansborg added to party McKesson Corporation(pty:dft) (Gansborg, Blake) |
| Filing 33 NOTICE of Entry of Appearance by Matthew Brian Lerner on behalf of Bard Peripheral Vascular, Inc., C R Bard IncAttorney Matthew Brian Lerner added to party Bard Peripheral Vascular, Inc.(pty:dft), Attorney Matthew Brian Lerner added to party C R Bard Inc(pty:dft) (Lerner, Matthew) |
| Filing 32 NOTICE of Entry of Appearance by Mark Thomas Clouatre on behalf of Bard Peripheral Vascular, Inc., C R Bard IncAttorney Mark Thomas Clouatre added to party Bard Peripheral Vascular, Inc.(pty:dft), Attorney Mark Thomas Clouatre added to party C R Bard Inc(pty:dft) (Clouatre, Mark) |
| Filing 31 NOTICE of Entry of Appearance by Blake A. Gansborg on behalf of Bard Peripheral Vascular, Inc., C R Bard IncAttorney Blake A. Gansborg added to party Bard Peripheral Vascular, Inc.(pty:dft), Attorney Blake A. Gansborg added to party C R Bard Inc(pty:dft) (Gansborg, Blake) |
| Filing 30 CASE REASSIGNED. Pursuant to 38 Minute Order. This case is reassigned to Judge Daniel D. Domenico and Magistrate Judge N. Reid Neureiter. All future pleadings should be designated as 20-cv-02488-DDD-NRN. (Text Only Entry) (slibi, ) Modified on 8/28/2020 to link to Minute Order (slibi, ). |
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Filing 38
MINUTE ORDER This case shall be reassigned to Judge Daniel D. Domenico with Magistrate Judge N. Reid Neureiter as the referral, by Magistrate Judge N. Reid Neureiter on 8/27/2020. Text Only Entry (slibi, )
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| Filing 27 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (cpomm, ) |
| Filing 26 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02291. File, transfer order and docket sheet received |
| Filing 29 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (cpomm, ) |
| Filing 28 Case assigned to Magistrate Judge N. Reid Neureiter. Text Only Entry (cpomm, ) |
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Filing 25
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 Leonard Clark's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil case 3:20-cv-2284-S opened); b. Plaintiff Carolyn Eddlemon's case be severed and transferred to the Lexington Division of the Eastern District of Kentucky (Civil case 3:20-cv-2285-S opened); c. Plaintiff Sandra Fry's case be severed and transferred to the Kansas City Division of the Western District of Missouri (Civil case 3:20-cv-2286-S opened); d. Plaintiff Daniel Norris's case be severed and transferred to the Akron Division of the Northern District of Ohio (Civil case 3:20-cv-2287-S opened); e. Plaintiff Paula Orr's case be severed and transferred to the Honolulu Division of the District of Hawaii (Civil case 3:20-cv-2288-S opened); f. Plaintiff Josh Smith's case be severed and transferred to the Chattanooga Division of the Eastern District of Tennessee (Civil case 3:20-cv-2289-S opened); g. Plaintiff Mary Stoke's case be severed and transferred to the Pittsburgh Division of the Western District of Pennsylvania (Civil case 3:20-cv-2290-S opened); h. Plaintiff Kathlene Toft's case be severed and transferred to the Denver Division of the District of Colorado (Civil case 3:20-cv-2291-S opened); i. Plaintiff George Watts's case be severed and transferred to the Wilmington Division of the Eastern District of North Carolina (Civil case 3:20-cv-2292-S opened). Plaintiff Magdelena Macias 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 8/18/2020) (axm) [Transferred from Texas Northern on 8/19/2020.]
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| Filing 24 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 23 Appendix in Support filed by Leonard Clark, Carolyn Eddlemon, Sandra Fry, Magdalena Macias, Darrel Norris, Paula Orr, Josh Smith, Mary Stoke, Kathlene Toft, George Watts re #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 22 Brief/Memorandum in Support filed by Leonard Clark, Carolyn Eddlemon, Sandra Fry, Magdalena Macias, Darrel Norris, Paula Orr, Josh Smith, Mary Stoke, Kathlene Toft, George Watts re #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Leonard Clark, Carolyn Eddlemon, Sandra Fry, Magdalena Macias, Darrel Norris, Paula Orr, Josh Smith, Mary Stoke, Kathlene Toft, George Watts (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 20 RESPONSE filed by Leonard Clark, Carolyn Eddlemon, Sandra Fry, Magdalena Macias, Darrel Norris, Paula Orr, Josh Smith, Mary Stoke, Kathlene Toft, George Watts re: #2 MOTION to Dismiss for Lack of Jurisdiction , #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 19 NOTICE of Filing Completed Forms For Each Plaintiff filed by Leonard Clark, Carolyn Eddlemon, Sandra Fry, Magdalena Macias, Darrel Norris, Paula Orr, Josh Smith, Mary Stoke, Kathlene Toft, George Watts (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 18 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
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Filing 17
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 7/22/2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (mla) [Transferred from Texas Northern on 8/19/2020.]
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Filing 16
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 8/19/2020.]
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| Filing 15 MOTION for Extension of Time to File Response/Reply to #2 MOTION to Dismiss for Lack of Jurisdiction , #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by Leonard Clark, Carolyn Eddlemon, Sandra Fry, Magdalena Macias, Darrel Norris, Paula Orr, Josh Smith, Mary Stoke, Kathlene Toft, George Watts (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 14 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 14 replaced to flatten image on 6/16/2020) (dsr). [Transferred from Texas Northern on 8/19/2020.] |
| Filing 13 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 11 Brief/Memorandum in Support filed by McKesson Corporation re #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
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Filing 9
ORDER: This case is hereby TRANSFERRED to the docket of the Honorable Karen Gren Scholer. All future pleadings shall subsequently be filed under Civil Action No. 3:20-cv-01491-S. (Ordered by Chief Judge Barbara M. G. Lynn on 6/10/2020) (aaa) [Transferred from Texas Northern on 8/19/2020.]
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| Filing 8 AMENDED DOCUMENT by Bard Peripheral Vascular Inc. Amendment to #6 Cert. Of Interested Persons/Disclosure Statement. . (Matthews, Melissa) (Main Document 8 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/19/2020.] |
| Filing 7 AMENDED DOCUMENT by C R Bard Inc. Amendment to #5 Cert. Of Interested Persons/Disclosure Statement. . (Matthews, Melissa) (Main Document 7 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/19/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) (Main Document 6 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/19/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Matthews, Melissa) (Main Document 5 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/19/2020.] |
| 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 3 Brief/Memorandum in Support filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc., Does 1 through 100 Inclusive, McKesson Corporation re #2 MOTION to Dismiss for Lack of Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc., Does 1 through 100 Inclusive, McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Does 1 through 100 Inclusive, C. R. Bard, Inc., McKesson Corporation, Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10899971) 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, #4 Exhibit(s) B - McKesson Corporation, #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 - Jury Demand, #11 Exhibit(s) D-5 - Citation Issued to Bard Peripheral Vascular, Inc., #12 Exhibit(s) D-6 - Citation Issued to C.R. Bard, #13 Exhibit(s) D-7 - Citation Issued to McKesson Corp., #14 Exhibit(s) D-8 - Affidavit of Service - McKesson, #15 Exhibit(s) D-9 - Return of Service - C.R. Bard, #16 Exhibit(s) D-10 - Notice of Initial Dismissal Hearing, #17 Exhibit(s) D-11 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
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