SMALLS v. C R BARD INC et al
Plaintiff: TAMIKA SMALLS
Defendant: DOES 1 THROUGH 100 INCLUSIVE, MCKESSON CORPORATION, C R BARD INC and BARD PERIPHERAL VASCULAR, INC.
Case Number: 1:2020cv02326
Filed: August 24, 2020
Court: US District Court for the District of Columbia
Presiding Judge: Timothy J Kelly
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 29, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 29, 2020 Opinion or Order MINUTE ORDER: Due to an error, the Court's #27 Order dated August 29, 2020, may have been sent to the wrong address for Attorney Eric Martin Przybysz. In light of that error, the Court hereby ORDERS that no later than October 28, 2020, Plaintiff shall secure counsel who is a member of the Bar of this Court and counsel shall promptly enter an appearance pursuant to Local Civil Rule 83.2. The Clerk of Court shall mail a copy of this order to the following address: Eric Martin Przybysz, 5473 Blair Rd., Dallas, TX 75231. Signed by Judge Timothy J. Kelly on 09/29/20. (lctjk2) Modified to correct order document number on 9/30/2020 (zkh).
September 9, 2020 Filing 31 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by MCKESSON CORPORATION (Busman, Philip)
September 9, 2020 Filing 30 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BARD PERIPHERAL VASCULAR, INC., C R BARD INC (Busman, Philip)
September 9, 2020 Filing 29 NOTICE OF WITHDRAWAL OF APPEARANCE as to BARD PERIPHERAL VASCULAR, INC., C R BARD INC, MCKESSON CORPORATION. (Busman, Philip)
September 9, 2020 Filing 28 NOTICE of Appearance by Philip M. Busman on behalf of BARD PERIPHERAL VASCULAR, INC., C R BARD INC, MCKESSON CORPORATION (Busman, Philip)
August 29, 2020 Opinion or Order Filing 27 ORDER to parties to act within 30 days or risk dismissal of the case for failure to prosecute or entry of default. The Clerk of Court shall mail a copy of this order to the following addresses: (1) Eric Martin Przybysz, 5473 Bair Rd., Dallas, TX 75231; and (2) Melissa Dorman Matthews, 8750 N Central Expressway, Suite 1600, Dallas, TX 75231. See Order for details. Signed by Judge Timothy J. Kelly on 8/29/2020. (lctjk3) (Main Document 27 replaced with corrected order on 8/31/2020) (zkh).
August 25, 2020 Opinion or Order Filing 26 STANDING ORDER. See Order for details. Signed by Judge Timothy J. Kelly on 8/25/20. (lctjk2)
August 24, 2020 Filing 25 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02330. Original file certified copy of transfer order and docket sheet received.
August 18, 2020 Opinion or Order Filing 24 MEMORANDUM OPINION AND ORDER #20 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 Richelle Gray's case be severed and transferred to the Lafayette Division of the Western District of Louisiana (Civil case 3:20-cv-2325-S opened); b. Plaintiff Johnathan Hendrix's case be severed and transferred to the Detroit Division of the Eastern District of Michigan (Civil case 3:20-cv-2326-S opened); c. Plaintiff Francis Hoffman's case be severed and transferred to the Beaumont Division of the Eastern District of Texas (Civil case 3:20-cv-2327-S opened); d. Plaintiff Alta Lee's case be severed and transferred to the St. Louis Division of the Eastern District of Missouri (Civil case 3:20-cv-2328-S opened); e. Plaintiff Yvonne Legree's case be severed and transferred to the Charleston Division of the District of South Carolina (Civil case 3:20-cv-2329-S opened); f. Plaintiff Tamika Small's case be severed and transferred to the District of Columbia (Civil case 3:20-cv-2330-S opened); g. Plaintiff Ramon Vargas's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2331-S opened); h. Plaintiff Russell Walker's case be severed and transferred to the Paducha Division of the Western District of Kentucky (Civil case 3:20-cv-2332-S opened); i. Plaintiff Frances Washburn's case be severed and transferred to the Dayton Division of the Southern District of Ohio (Civil case 3:20-cv-2333-S opened). Plaintiff Edward Rodriguez 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 8/18/2020) (axm) [Transferred from Texas Northern on 8/24/2020.]
August 14, 2020 Filing 23 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.]
July 31, 2020 Filing 22 Appendix in Support filed by Richelle Gray, Jonathan Hendrix, Francis Hoffman, Alta Lee, Yvonne Legree, Edward Rodriguez, Tamika Smalls, Ramon Vargas, Russell Walker, Frances Washburn re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.]
July 31, 2020 Filing 21 Brief/Memorandum in Support filed by Richelle Gray, Jonathan Hendrix, Francis Hoffman, Alta Lee, Yvonne Legree, Edward Rodriguez, Tamika Smalls, Ramon Vargas, Russell Walker, Frances Washburn re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.]
July 31, 2020 Filing 20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Richelle Gray, Jonathan Hendrix, Francis Hoffman, Alta Lee, Yvonne Legree, Edward Rodriguez, Tamika Smalls, Ramon Vargas, Russell Walker, Frances Washburn (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.]
July 31, 2020 Filing 19 RESPONSE filed by Richelle Gray, Jonathan Hendrix, Francis Hoffman, Alta Lee, Yvonne Legree, Edward Rodriguez, Tamika Smalls, Ramon Vargas, Russell Walker, Frances Washburn re: #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.]
July 22, 2020 Filing 18 NOTICE of Filing Completed Forms for Each Plaintiff re: #16 Order Setting Deadline/Hearing, filed by Richelle Gray, Jonathan Hendrix, Francis Hoffman, Alta Lee, Yvonne Legree, Edward Rodriguez, Tamika Smalls, Ramon Vargas, Russell Walker, Frances Washburn (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.]
July 21, 2020 Filing 17 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 8/24/2020.]
July 16, 2020 Opinion or Order Filing 16 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) Modified on 7/16/2020 (mla). Modified on 7/16/2020 (ndt). [Transferred from Texas Northern on 8/24/2020.]
July 16, 2020 Opinion or Order Filing 15 ***PLEASE DISREGARD WRONG CASE*** 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) Modified on 7/16/2020 (ndt). [Transferred from Texas Northern on 8/24/2020.]
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 8/24/2020.]
June 29, 2020 Filing 13 MOTION for Extension of Time to File Response/Reply to #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by Richelle Gray, Jonathan Hendrix, Francis Hoffman, Alta Lee, Yvonne Legree, Edward Rodriguez, Tamika Smalls, Ramon Vargas, Russell Walker, Frances Washburn (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.]
June 17, 2020 Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 12 replaced to flatten image on 6/17/2020) (dsr). [Transferred from Texas Northern on 8/24/2020.]
June 17, 2020 Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Junek, Jessica) [Transferred from Texas Northern on 8/24/2020.]
June 17, 2020 Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from Texas Northern on 8/24/2020.]
June 17, 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 Texas Northern on 8/24/2020.]
June 17, 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 Texas Northern on 8/24/2020.]
June 11, 2020 Opinion or Order Filing 7 ELECTRONIC ORDER: Civil action number 3:20-CV-1519-G is hereby transferred to the docket of the Honorable Karen Gren Scholer and shall henceforth carry the suffix letter "S". (Ordered by Senior Judge A. Joe Fish on 6/11/2020) (ctf) [Transferred from Texas Northern on 8/24/2020.]
June 10, 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from Texas Northern on 8/24/2020.]
June 10, 2020 Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Junek, Jessica) [Transferred from Texas Northern on 8/24/2020.]
June 10, 2020 Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Junek, Jessica) [Transferred from Texas Northern on 8/24/2020.]
June 10, 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 Texas Northern on 8/24/2020.]
June 10, 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 Texas Northern on 8/24/2020.]
June 10, 2020 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc.. (Filing fee $400; receipt number 0539-10904573) 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 Jury Demand, #11 Exhibit(s) D-5 Citation Issued C. R. Bard, Inc., #12 Exhibit(s) D-6 Citation Issued Bard Peripheral, #13 Exhibit(s) D-7 Citation Issued McKesson, #14 Exhibit(s) D-8 Return of Service C.R. Bard Inc., #15 Exhibit(s) D-9 Return of Service Bard Peripheral) (Junek, Jessica) [Transferred from Texas Northern on 8/24/2020.]

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Defendant: DOES 1 THROUGH 100 INCLUSIVE
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Defendant: MCKESSON CORPORATION
Represented By: Philip M. Busman
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Defendant: C R BARD INC
Represented By: Philip M. Busman
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Defendant: BARD PERIPHERAL VASCULAR, INC.
Represented By: Philip M. Busman
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Plaintiff: TAMIKA SMALLS
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