Gomez v. C R Bard Inc et al
| Ana Gomez |
| Bard Peripheral Vascular Inc., C R Bard Inc, McKesson Corporation and Does 1 through 100, Inclusive |
| 2:2020cv00686 |
| September 3, 2020 |
| US District Court for the Middle District of Florida |
| John L Badalamenti |
| Nicholas P Mizell |
| John E Steele |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 17, 2020. A more recent docket listing may be available from PACER.
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Filing 40
ORDER granting #39 Motion to Stay and the case is stayed for 90 days from the date of this Order. Upon expiration of the stay, the parties shall file comply with the #29 Track Two Notice and Corporate Disclosure Order within 14 days thereafter, if the case is not settled. Signed by Judge John E. Steele on 9/17/2020. (RKR)
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| Case Stayed per #40 Order. (MLS) |
| Filing 39 Joint MOTION to Stay and Incorporated Memorandum of Law by Bard Peripheral Vascular Inc., C R Bard Inc. (Gallo, Sabrina) |
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Filing 38
ENDORSED ORDER granting #32 Unopposed Motion for Substitution of Counsel. Attorneys Jordan E. Jarreau and Melissa Dorman Matthews of the law firm Hartline Barger LLP are permitted to withdraw as counsel for C.R. Bard, Inc. and Bard Peripheral Vascular, Inc. and shall have no further responsibility in this case. The Clerk is directed to remove Jordan Jarreau and Melissa Dorman Matthews from receiving electronic notification. Attorney Sabrina R. Gallo of the law firm Greenberg Traurig, P.A. is substituted as counsel for these Defendants. Signed by Magistrate Judge Nicholas P. Mizell on 9/15/2020. (brh)
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| Filing 37 NOTICE canceling Preliminary Pretrial Conference hearing. Case reassigned to Judge Steele. (WRW) |
| Filing 36 Case Reassigned to Judge John E. Steele. New case number: 2:20-cv-686-FtM-29NPM. Judge John L. Badalamenti no longer assigned to the case. (laf) |
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Filing 35
ORDER: This action is TRANSFERRED to Judge John E. Steele with his consent. Signed by Judge John L. Badalamenti on 9/14/2020. (SMG)
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Filing 34
ORDER re #33 Joint Stipulation for Dismissal. Plaintiff's claims against Defendant McKesson Corporation are DISMISSED WITHOUT PREJUDICE. The Clerk is directed to terminate Defendant McKesson Corporation from the case. Signed by Judge John L. Badalamenti on 9/14/2020. (SMG)
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| Filing 33 STIPULATION of Dismissal (Joint) of Claims Against Defendant McKesson Corporation Without Prejudice by Bard Peripheral Vascular Inc., C R Bard Inc, McKesson Corporation. (Gallo, Sabrina) |
| Filing 32 Unopposed MOTION to Substitute Attorney by Bard Peripheral Vascular Inc., C R Bard Inc, McKesson Corporation. (Gallo, Sabrina) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 31 NOTICE of Appearance by Sabrina R. Gallo on behalf of Bard Peripheral Vascular Inc., C R Bard Inc, McKesson Corporation (Gallo, Sabrina) |
| Filing 30 NOTICE of hearing: Preliminary Pretrial Conference set for 11/5/2020 at 10:00 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report and Pretrial & Discovery Plan by 10/29/2020.All parties shall appear telephonically. The toll-free teleconference number is 1-877-873-8018. The access code is 5997085. You will then be prompted to enter a participant security code: 20686. All parties are encouraged to utilize a landline or similarly stable connection free of ambient interference to avoid having any portion of the conference conducted without them. (WRW) |
| Filing 29 TRACK TWO NOTICE AND RELATED CASE ORDER Signed by All Divisional Judges on 9/4/2020. (WRW) |
| Filing 28 Case assigned to Judge John L. Badalamenti and Magistrate Judge Nicholas P. Mizell. New case number: 2:20-cv-686-FtM-66NPM. (laf) |
| Filing 27 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02726. File received electronically |
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Filing 26
MEMORANDUM OPINION AND ORDER granting #20 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 Maydelin Espinoza's case be severed and transferred to the Miami Division of the Southern District of Florida (Civil case 3:20-cv-2725 opened); b. Plaintiff Ana Gomez's case be severed and transferred to the Fort Myers Division of the Middle District of Florida (Civil case 3:20-cv-2726 opened); c. Plaintiff Merrylene Green's case be severed and transferred to the Jacksonville Division of the Middle District of Florida (Civil case 3:20-cv-2727 opened); d. Plaintiff Phillip Grimes's case be severed and transferred to the Louisville Division of the Western District of Kentucky (Civil case 3:20-cv-2728 opened); e. Plaintiff Pamela Hale's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (Civil case 3:20-cv-2729 opened); f. Plaintiff Saladeem Hines's case be severed and transferred to the Manhattan Division of the Southern District of New York (Civil case 3:20-cv-2730 opened); g. Plaintiff Bridgette Ismond's case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil case 3:20-cv-2731 opened); h. Plaintiff Spencer Knowles's case be severed and transferred to the Muskogee Division of the Eastern District of Oklahoma (Civil case 3:20-cv-2732 opened); i. Plaintiff Samantha Mlsna's case be severed and transferred to the Madison Division of the Western District of Wisconsin (Civil case 3:20-cv-2733 opened); j. Plaintiff Kenneth Moore's case be severed and transferred to the Kansas City Division of the District of Kansas (Civil case 3:20-cv-2734 opened); k. Plaintiff Vandlean Mosier's case be severed and transferred to the Sacramento Division of the Eastern District of California (Civil case 3:20-cv-2735 opened); l. Plaintiff Albert Noel's case be severed and transferred to the Eastern District of Louisiana (Civil case 3:20-cv-2736 opened); m. Plaintiff Nancy Prescott's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2737 opened); n. Plaintiff John Reynold's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil case 3:20-cv-2738 opened); o. Plaintiff Eddie Tate's case be severed and transferred to the Chattanooga Division of the Eastern District of Tennessee (Civil case 3:20-cv-2740 opened); p. Plaintiff Melba Wooten's case be severed and transferred to the Waycross Division of the Southern District of Georgia (Civil case 3:20-cv-2741 opened). Plaintiff Vickie Ingram 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) (jmg) [Transferred from txnd on 9/3/2020.]
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| Filing 25 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #24 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Jarreau, Jordan) [Transferred from txnd on 9/3/2020.] |
| Filing 24 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Albert Noel (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
| 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 txnd on 9/3/2020.] |
| Filing 22 Appendix in Support filed by Maydelin Espinosa, Ana Gomez, Merrylene Green, Phillip Grimes, Pamela Hale, Saladeem Hines, Vicke Ingram, Bridgette Ismond, Spencer Knowles, Samantha Mlsna, Kenneth Moore, Vandlean Mosier, Albert Noel, Nancy Prescott, John Reynolds, Eddie Tate, Melba Wooten re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
| Filing 21 Brief/Memorandum in Support filed by Maydelin Espinosa, Ana Gomez, Merrylene Green, Phillip Grimes, Pamela Hale, Saladeem Hines, Vicke Ingram, Bridgette Ismond, Spencer Knowles, Samantha Mlsna, Kenneth Moore, Vandlean Mosier, Albert Noel, Nancy Prescott, John Reynolds, Eddie Tate, Melba Wooten re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
| Filing 20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Maydelin Espinosa, Ana Gomez, Merrylene Green, Phillip Grimes, Pamela Hale, Saladeem Hines, Vicke Ingram, Bridgette Ismond, Spencer Knowles, Samantha Mlsna, Kenneth Moore, Vandlean Mosier, Albert Noel, Nancy Prescott, John Reynolds, Eddie Tate, Melba Wooten (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
| Filing 19 RESPONSE filed by Maydelin Espinosa, Ana Gomez, Merrylene Green, Phillip Grimes, Pamela Hale, Saladeem Hines, Vicke Ingram, Bridgette Ismond, Spencer Knowles, Samantha Mlsna, Kenneth Moore, Vandlean Mosier, Albert Noel, Nancy Prescott, John Reynolds, Eddie Tate, Melba Wooten re: #2 MOTION to Dismiss the Out-Of State Plaintiffs' Claims for Lack of Personal Jurisdiction (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
| Filing 18 NOTICE of Filing Completed Forms For Each Plaintiff filed by Maydelin Espinosa, Ana Gomez, Merrylene Green, Phillip Grimes, Pamela Hale, Saladeem Hines, Vicke Ingram, Bridgette Ismond, Spencer Knowles, Samantha Mlsna, Kenneth Moore, Vandlean Mosier, Albert Noel, Nancy Prescott, John Reynolds, Eddie Tate, Melba Wooten (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #16 Order, filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from txnd on 9/3/2020.] |
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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) (oyh) [Transferred from txnd on 9/3/2020.]
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Filing 15
ORDER: The Court grants the parties' Agreed Motion for Leave to Extend the Time for Plaintiff to File Responses to Defendants' Motions to Dismiss and Defendants' Replies to Those Responses [ECF No. #13]. Plaintiffs shall respond to Defendants' Motion to Dismiss by 8/27/2020. Defendants shall file their reply, if any, by 9/26/2020. (Ordered by Judge Karen Gren Scholer on 7/9/2020) (ndt) [Transferred from txnd on 9/3/2020.]
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| Filing 14 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 14 replaced with the flattened document on 7/10/2020) (pnp). [Transferred from txnd on 9/3/2020.] |
| Filing 13 MOTION for Extension of Time to File Response/Reply to #11 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #2 MOTION to Dismiss the Out-Of State Plaintiffs' Claims for Lack of Personal Jurisdiction, #12 Brief/Memorandum in Support of Motion, #3 Brief/Memorandum in Support of Motion filed by Maydelin Espinosa, Ana Gomez, Merrylene Green, Phillip Grimes, Pamela Hale, Saladeem Hines, Vicke Ingram, Bridgette Ismond, Spencer Knowles, Samantha Mlsna, Kenneth Moore, Vandlean Mosier, Albert Noel, Nancy Prescott, John Reynolds, Eddie Tate, Melba Wooten (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
| Filing 12 Brief/Memorandum in Support filed by McKesson Corporation re #11 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from txnd on 9/3/2020.] |
| Filing 11 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from txnd on 9/3/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from txnd on 9/3/2020.] |
| Filing 9 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) [Transferred from txnd on 9/3/2020.] |
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Filing 8
ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge Jane J. Boyle no longer assigned to case. (Ordered by Judge Jane J. Boyle on 7/2/2020) (oyh) [Transferred from txnd on 9/3/2020.]
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| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) (Main Document 7 replaced with flattened document on 7/6/2020) (pnp). [Transferred from txnd on 9/3/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Matthews, Melissa) (Main Document 6 replaced with flattened document on 7/6/2020) (pnp). [Transferred from txnd on 9/3/2020.] |
| Filing 5 AMENDED DOCUMENT by Bard Peripheral Vascular Inc, C R Bard Inc. Amendment to #1 Notice of Removal,,,,,,,. . (Attachments: #1 Cover Sheet Supplement, #2 Cover Sheet Supplement, #3 Exhibit(s) A - Portion of REACH Agreement, #4 Exhibit(s) B - McKesson Corporation, #5 Exhibit(s) C - 8-30-2016 Romney, Kim Deposition, #6 Exhibit(s) D - Index of State Court Documents, #7 Exhibit(s) D-1 - State Court Docket, #8 Exhibit(s) D-2 - P's Original Petition & Jury Demand, #9 Exhibit(s) D-3 - Civil Case Info Sheet, #10 Exhibit(s) D-4 - Citation Issued to Bard Peripheral Vascular, Inc., #11 Exhibit(s) D-5 - Citation Issued to C. R. Bard, Inc., #12 Exhibit(s) D-6 - Citation Issued to McKesson Corporation, #13 Exhibit(s) D-7 - Return of Service - C. R. Bard, Inc., #14 Exhibit(s) D-8 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) (Attachment 1 and 2 replaced with the flattened document on 7/2/2020) (pnp). [Transferred from txnd on 9/3/2020.] |
| 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 txnd on 9/3/2020.] |
| 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 (Matthews, Melissa) [Transferred from txnd on 9/3/2020.] |
| 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. (Matthews, Melissa) [Transferred from txnd on 9/3/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc.. (Filing fee $400; receipt number 0539-10960987) 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 - 8-30-2016 Romney, Kim Deposition, #6 Exhibit(s) D - Index of State Court Documents, #7 Exhibit(s) D-1 - State Court Docket, #8 Exhibit(s) D-2 - P's Orig Petition & Jury Demand, #9 Exhibit(s) D-3 - Civil Case Info Sheet, #10 Exhibit(s) D-4 - Citation Issued to Bard Peripheral Vascular, Inc., #11 Exhibit(s) D-5 - Citation Issued to C. R. Bard, Inc., #12 Exhibit(s) D-6 - Citation Issued to McKesson Corporation, #13 Exhibit(s) D-7 - Return of Service - C. R. Bard, Inc., #14 Exhibit(s) D-8 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from txnd on 9/3/2020.] |
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