Howell v. C R Bard Inc et al
| Katherine Howell |
| Bard Peripheral Vascular Inc., McKesson Corporation, C R Bard Inc and Does 1 through 100, Inclusive |
| 6:2020cv01484 |
| August 25, 2020 |
| US District Court for the Middle District of Florida |
| Paul G Byron |
| Leslie R Hoffman |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 23, 2020. A more recent docket listing may be available from PACER.
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Filing 46
ENDORSED ORDER VACATING re 39 Order Denying Motion to Stay. The case is hereby STAYED for a period of 120 days to promote settlement. Signed by Judge Paul G. Byron on 10/23/2020. (CPH)
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| Filing 45 JOINT NOTICE by all parties of Correction to #44 Case Management Report. (Ocariz, Rebecca) Text modified on 10/20/2020 (RDO). |
| Filing 44 CASE MANAGEMENT REPORT. (Attachments: #1 Exhibit A - Transfer Order, #2 Exhibit B - CMO 5 Plaintiff Profile Form, #3 Exhibit C - CMO 12, #4 Exhibit D - Stipulated Protective Order, #5 Exhibit E - CMLO 12, #6 Exhibit F - CMO 17, #7 Exhibit G - CMO 14, #8 Exhibit H - CMO 9, #9 Exhibit I - CMO 3, #10 Exhibit J - Fact Sheet Stipulation - Doc. 1153 - MDL)(Ocariz, Rebecca) |
| Filing 43 CERTIFICATE of interested persons and corporate disclosure statement re #35 Interested persons order by Katherine Howell. (Vinocur, Rebecca) |
| Filing 42 NOTICE of pendency of related cases re #34 Related case order and track 2 notice per Local Rule 1.04(d) by Katherine Howell. Related case(s): Yes (Vinocur, Rebecca) |
| Filing 41 CERTIFICATE of interested persons and corporate disclosure statement re #35 Interested persons order by Bard Peripheral Vascular Inc., C R Bard Inc, McKesson Corporation identifying Corporate Parent Becton, Dickinson and Company ("BD"), Other Affiliate T. Rowe Price Group, Inc. for Bard Peripheral Vascular Inc., C R Bard Inc, McKesson Corporation.. (Attachments: #1 Exhibit A)(Ocariz, Rebecca) |
| Filing 40 NOTICE of pendency of related cases re #34 Related case order and track 2 notice per Local Rule 1.04(d) by Bard Peripheral Vascular Inc., C R Bard Inc, McKesson Corporation. Related case(s): y (Attachments: #1 Exhibit A)(Ocariz, Rebecca) |
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Filing 39
ENDORSED ORDER denying #38 Motion to Stay. The parties have not established good cause for staying any deadlines pending a forthcoming potential settlement. See Fed. R. Civ. P. 16(b). Signed by Judge Paul G. Byron on 9/16/2020. (CPH)
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| Filing 38 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 37
ORDER granting in part and denying in part #31 Motion to Substitute Counsel. Signed by Magistrate Judge Leslie R. Hoffman on 9/15/2020. (MDH)
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Filing 36
STANDING ORDER on Discovery Motions. Signed by Magistrate Judge Leslie R. Hoffman on 1/6/2020.(MDH)
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Filing 35
INTERESTED PERSONS ORDER. The Certificate of Interested Persons shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 9/14/2020. (GNB) copies e-mailed/mailed
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Filing 34
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. The Notice of Pendency of Other Actions shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 9/14/2020. (GNB) copies e-mailed/mailed
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Filing 33
ORDER re #32 Stipulation of Dismissal. Plaintiff's claims against Defendant McKesson Corporation are DISMISSED WITHOUT PREJUDICE. The Clerk is DIRECTED to terminate only Defendant McKesson Corporation from the file. Signed by Judge Paul G. Byron on 9/14/2020. (CPH)
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| Filing 32 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 31 Unopposed MOTION to Substitute Attorney by Bard Peripheral Vascular Inc., C R Bard Inc, McKesson Corporation. (Gallo, Sabrina) Motions referred to Magistrate Judge Leslie R. Hoffman. |
| Filing 30 NOTICE of Appearance by Sabrina R. Gallo on behalf of Bard Peripheral Vascular Inc., C R Bard Inc, McKesson Corporation (Gallo, Sabrina) |
| Filing 29 NOTICE of Appearance by Rebecca S. Vinocur on behalf of Katherine Howell (Vinocur, Rebecca) |
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Filing 28
ENDORSED ORDER denying as moot #3 Motion to Dismiss for Lack of Jurisdiction; denying as moot #7 Motion to Dismiss. Signed by Judge Paul G. Byron on 8/25/2020. (SCM)
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| Filing 27 NOTICE to counsel Eric Martin Przybysz, Darren McDowell, Steven Scott Schulte, Melissa Dorman Matthews and Jordan E. Jarreau of Local Rule 2.02, Special Admission to Practice - Pay the $150.00 Special Admission Fee; Complete the E-Filer Registration Form to obtain a login and password for CM/ECF; Local counsel must electronically file a Motion to appear Pro Hac Vice on behalf of the non-resident attorney (Signed by Deputy Clerk). (ALL) |
| Filing 26 TRANSFER IN from the Northern District of Texas. Case assigned to District Judge Byron and Magistrate Judge Hoffman. New Case Number: 6:20-cv-1484-ORL-40LRH. (ALL) |
| Filing 25 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02425. File received electronically |
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Filing 24
MEMORANDUM OPINION AND ORDER grants #19 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 Eileena Donnell's case be severed and transferred to the Boston Division of the District of Massachusetts (Civil case 3:20-cv-2422 opened); b. Plaintiff Michael Hanson's case be severed and transferred to the Tacoma Division of the Western District of Washington (Civil case 3:20-cv-2423 opened); c. Plaintiff Shirley Holmes's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2424 opened); d. Plaintiff Katherine Howell's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2425 opened); e. Plaintiff Margaret Palmiter's case be severed and transferred to the Kalamazoo Division of the Western District of Michigan (Civil case 3:20-cv-2426 opened); f. Plaintiff Craig Robinson's case be severed and transferred to the Fayetteville Division of the Western District of Arkansas (Civil case 3:20-cv-2428 opened); g. Plaintiff Velvet Ronquillo's case be severed and transferred to the Muskogee Division of the Eastern District of Oklahoma (Civil case 3:20-cv-2429 opened); and h. Plaintiff Tracy Turner's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (Civil case 3:20-cv-2430 opened). Plaintiff Linda Miller 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 8/20/2020) (jmg) [Transferred from txnd on 8/25/2020.]
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Filing 23
ORDER: Pursuant to the parties' agreement, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Robyn Kennedy's claims against Defendants. The parties shall bear their ovm costs. Party Robyn Kennedy terminated. (Ordered by Judge Karen Gren Scholer on 8/19/2020) (axm) [Transferred from txnd on 8/25/2020.]
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| Filing 22 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 8/25/2020.] |
| Filing 21 Appendix in Support filed by Eileena Donnell, Michael Hanson, Shirley Holmes, Katherine Howell, Robyn Kennedy, Linda Miller, Margaret Palmiter, Craig Robinson, Velvet Ronquillo, Tracy Turner re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from txnd on 8/25/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Eileena Donnell, Michael Hanson, Shirley Holmes, Katherine Howell, Robyn Kennedy, Linda Miller, Margaret Palmiter, Craig Robinson, Velvet Ronquillo, Tracy Turner re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/25/2020.] |
| Filing 19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Eileena Donnell, Michael Hanson, Shirley Holmes, Katherine Howell, Robyn Kennedy, Linda Miller, Margaret Palmiter, Craig Robinson, Velvet Ronquillo, Tracy Turner (Schulte, Steven) [Transferred from txnd on 8/25/2020.] |
| Filing 18 RESPONSE filed by Eileena Donnell, Michael Hanson, Shirley Holmes, Katherine Howell, Robyn Kennedy, Linda Miller, Margaret Palmiter, Craig Robinson, Velvet Ronquillo, Tracy Turner re: #3 MOTION to Dismiss for Lack of Jurisdiction , #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Schulte, Steven) [Transferred from txnd on 8/25/2020.] |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from txnd on 8/25/2020.] |
| Filing 16 NOTICE of Filing Completed Forms For Each Plaintiff filed by Eileena Donnell, Michael Hanson, Shirley Holmes, Katherine Howell, Robyn Kennedy, Linda Miller, Margaret Palmiter, Craig Robinson, Velvet Ronquillo, Tracy Turner (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from txnd on 8/25/2020.] |
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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) [Transferred from txnd on 8/25/2020.]
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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) [Transferred from txnd on 8/25/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #3 MOTION to Dismiss for Lack of Jurisdiction , #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by Eileena Donnell, Michael Hanson, Shirley Holmes, Katherine Howell, Robyn Kennedy, Linda Miller, Margaret Palmiter, Craig Robinson, Velvet Ronquillo, Tracy Turner (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/25/2020.] |
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Filing 12
ORDER REASSIGNING CASE. The above-numbered case is hereby transferred to the docket of the Honorable Judge Karen Gren Scholer and shall henceforth carry the suffix letter "S." Judge Ada Brown no longer assigned to case. (Ordered by Judge Ada Brown on 6/24/2020) (ykp) [Transferred from txnd on 8/25/2020.]
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| Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 11 replaced with the document flattened on 6/17/2020) (pnp). [Transferred from txnd on 8/25/2020.] |
| Filing 10 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 8/25/2020.] |
| Filing 9 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from txnd on 8/25/2020.] |
| Filing 8 Brief/Memorandum in Support filed by McKesson Corporation re #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from txnd on 8/25/2020.] |
| Filing 7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from txnd on 8/25/2020.] |
| 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 txnd on 8/25/2020.] |
| 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 txnd on 8/25/2020.] |
| Filing 4 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, C R Bard Inc re #3 MOTION to Dismiss for Lack of Jurisdiction (Matthews, Melissa) [Transferred from txnd on 8/25/2020.] |
| Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) [Transferred from txnd on 8/25/2020.] |
| Filing 2 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from txnd on 8/25/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10900626) 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 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, #13 Exhibit(s) D-7 - Jury Demand, #14 Exhibit(s) D-8 - Dismissal Hearing Notice, #15 Exhibit(s) D-9 - Affidavit of Service - McKesson, #16 Exhibit(s) D-10 - Return of Service - C.R. Bard, #17 Exhibit(s) D-11 - Return of Service - Bard Peripheral) (Matthews, Melissa) [Transferred from txnd on 8/25/2020.] |
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