Napolitano v. C R Bard Inc et al
| Ida Napolitano |
| C R Bard Incorporated, McKesson Corporation, Does 1 through 100 inclusive and Bard Peripheral Vascular, Inc. |
| 3:2020cv01292 |
| September 1, 2020 |
| US District Court for the District of Connecticut |
| New Haven Office |
| Alfred V Covello |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 39
ORDER. The stipulation of dismissal with respect to the defendant, McKesson Corporation, is noted and so ordered. The clerk is hereby directed to terminate that defendant from this case. Signed by Judge Alfred V. Covello on 09/10/20. (Codeanne, K.)
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Filing 38
ORDER granting #37 motion to stay to and including 12/10/20. Signed by Judge Alfred V. Covello on 09/10/20. (Codeanne, K.)
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| Filing 37 Joint MOTION to Stay Discovery and All Pretrial Deadlines by Bard Peripheral Vascular, Inc., C R Bard Incorporated.Responses due by 9/30/2020 (Attachments: #1 Exhibit A-Proposed Order)(Uiterwyk, Patrick) |
| Filing 36 STIPULATION of Dismissal of Party McKesson Corporation without Prejudice by Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation. (Uiterwyk, Patrick) |
| Filing 35 NOTICE of Appearance by Patrick Thomas Uiterwyk on behalf of Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation with Certificate of Service (Uiterwyk, Patrick) |
| Filing 34 Notice to counsel in transferred case. Signed by Clerk on 9/4/2020.(Bozek, M.) |
| Filing 33 NOTICE: ANY MOTIONS PENDING AT THE TIME OF TRANSFER MUST BE REFILED IN OUR DISTRICT. Signed by Clerk on 9/1/2020.(Bozek, M.) |
| Filing 32 NOTICE TO COUNSEL NOT ADMITTED TO THE BAR OF THE US DISTRICT COURT OF CONNECTICUT Re: Local Rule 83.1 Admission of Attorneys. The above captioned case has been received and filed in our court. Please see our Local Rule 83.1 regarding Admission of Attorneys that is available on our website at www.ctd.uscourts.gov. You will not be added to the case, nor will we accept further filings until you have complied with Local Rule 83.1. If you have any questions about this procedure, please contact the Clerk's Office. Signed by Clerk on 9/1/2020.(Bozek, M.) |
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Filing 31
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Alfred V. Covello on 9/1/2020.(Bozek, M.)
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Filing 30
Order on Pretrial Deadlines: Amended Pleadings due by 10/31/2020. Discovery due by 3/3/2021. Dispositive Motions due by 4/7/2021. Signed by Clerk on 9/1/2020.(Bozek, M.)
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| Filing 29 Case electronically transferred in from District of Texas Northern; Case Number 3:20-cv-02599. Modified on 9/2/2020 TO CORRECT THE DATE FILED (Oliver, T.). |
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Filing 28
MEMORANDUM OPINION AND ORDER granting #22 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 Ronald Clemons's case be severed and transferred to the Kansas City Division of the District of Kansas (Civil case 3:20-cv-2596-S opened); b. Plaintiff Alan Frailich's case be severed and transferred to the Las Vegas Division of the District of Nevada (Civil case 3:20-cv-2597-S opened); c. Plaintiff Leroy Moton's case be severed and transferred to the Manhattan Division of the Southern District of New York (Civil case 3:20-cv-2598-S opened); d. Plaintiff Ida Napolitano's case be severed and transferred to the New Haven Division of the District of Connecticut (Civil case 3:20-cv-2599-S opened); e. Plaintiff Nancy Poff's case be severed and transferred to the Durham Division of the Middle District of North Carolina (Civil case 3:20-cv-2600-S opened); f. Plaintiff Jamaun Ransom's case be severed and transferred to the Lexington Division of the Eastern District of Kentucky (Civil case 3:20-cv-2601-S opened); g. Plaintiff Jerry Watkins's case be severed and transferred to the Lexington Division of the Eastern District of Kentucky (Civil case 3:20-cv-2602-S opened); andh. Plaintiff Donald Young's case be severed and transferred to the District of Rhode Island (Civil case 3:20-cv-2603-S opened). Plaintiff Brenda Shaffer 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 27
ORDER Dismissing Parties. Party Cheryl Jones-Latimer terminated. The parties shall bear their own costs. All relief not expressly granted is DENIED. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (oyh)
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| Filing 26 Supplemental RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) Modified title on 8/25/2020 (awc). |
| Filing 25 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #22 Amended 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 MOTION to Transfer Case out of District/Division (Matthews, Melissa) |
| Filing 24 Appendix in Support filed by Ronald Clemons, Alan Frailich, Cheryl Jones-Latimer, Leroy Moton, Ida Napolitano, Nancy Poff, Jamaun Ransom, Brenda Shaffer, Jerry Watkins, Donald Young re #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) |
| Filing 23 Brief/Memorandum in Support filed by Ronald Clemons, Alan Frailich, Cheryl Jones-Latimer, Leroy Moton, Ida Napolitano, Nancy Poff, Jamaun Ransom, Brenda Shaffer, Jerry Watkins, Donald Young re #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) |
| Filing 22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Ronald Clemons, Alan Frailich, Cheryl Jones-Latimer, Leroy Moton, Ida Napolitano, Nancy Poff, Jamaun Ransom, Brenda Shaffer, Jerry Watkins, Donald Young (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
| Filing 21 Appendix in Support filed by Ronald Clemons, Alan Frailich, Cheryl Jones-Latimer, Leroy Moton, Ida Napolitano, Nancy Poff, Jamaun Ransom, Brenda Shaffer, Jerry Watkins, Donald Young re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) |
| Filing 20 Brief/Memorandum in Support filed by Ronald Clemons, Alan Frailich, Cheryl Jones-Latimer, Leroy Moton, Ida Napolitano, Nancy Poff, Jamaun Ransom, Brenda Shaffer, Jerry Watkins, Donald Young 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 Ronald Clemons, Alan Frailich, Cheryl Jones-Latimer, Leroy Moton, Ida Napolitano, Nancy Poff, Jamaun Ransom, Brenda Shaffer, Jerry Watkins, Donald Young (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven). |
| Filing 18 RESPONSE filed by Ronald Clemons, Alan Frailich, Cheryl Jones-Latimer, Leroy Moton, Ida Napolitano, Nancy Poff, Jamaun Ransom, Brenda Shaffer, Jerry Watkins, Donald Young re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Ronald Clemons, Alan Frailich, Cheryl Jones-Latimer, Leroy Moton, Ida Napolitano, Nancy Poff, Jamaun Ransom, Brenda Shaffer, Jerry Watkins, Donald Young (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) |
| Filing 16 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) |
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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 7/22/2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (oyh)
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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 , #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by Ronald Clemons, Alan Frailich, Cheryl Jones-Latimer, Leroy Moton, Ida Napolitano, Nancy Poff, Jamaun Ransom, Brenda Shaffer, Jerry Watkins, Donald Young (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 12 replaced with the flattened document on 6/23/2020) (pnp). |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) |
| Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) |
| Filing 8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) |
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Filing 7
ORDER: This case is TRANSFERRED to the docket of the Honorable Karen Gren Scholer. Chief Judge Barbara M. G. Lynn no longer assigned to case. (Ordered by Chief Judge Barbara M. G. Lynn on 6/15/2020) (twd)
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| 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (hml) |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Matthews, Melissa) |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Matthews, Melissa) |
| 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 (Matthews, Melissa) |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. (Matthews, Melissa) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10913348) 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 - Citation Issued to C.R. Bard, Inc., #11 Exhibit(s) D-5 - Citation Issued to Bard Peripheral Vascular, Inc., #12 Exhibit(s) D-6 - Citation Issued to McKesson Corp., #13 Exhibit(s) D-7 - Affidavit of Service - McKesson, #14 Exhibit(s) D-8 - Return of Service - C.R. Bard, Inc., #15 Exhibit(s) D-9 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) |
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