Girardin v. CR Bard Inc et al
| Ronald Girardin |
| McKesson Corporation, Bard Peripheral Vascular Incorporated, CR Bard Inc and Does 1 through 100, Inclusive |
| 6:2020cv01496 |
| August 19, 2020 |
| US District Court for the Middle District of Florida |
| Orlando Office |
| Wendy W Berger |
| Gregory J Kelly |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on August 31, 2020. A more recent docket listing may be available from PACER.
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Filing 44
ORDER dismissing case as to Defendant, McKesson Corporation re #40 STIPULATION of Dismissal of Claims Against Defendant McKesson Corporation Without Prejudice. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the Clerk of Court is directed to terminate McKesson Corporation's Motion to Dismiss (Doc. 8), terminate McKesson Corporation as a Defendant, and amend the case style accordingly. Signed by Judge Wendy W. Berger on 8/31/2020. (RMF)ctp
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Filing 43
ORDER granting #41 JOINT MOTION FOR TEMPORARY STAY AND INCORPORATED MEMORANDUM OF LAW. This proceeding is stayed until November 25, 2020. When the settlement is finalized, prompt notice shall be provided in accordance with Local Rule 3.08; if the parties have not finalized the settlement, then they shall file a status report by November 25, 2020; and the Clerk is directed to administratively close this case. Signed by Magistrate Judge Gregory J. Kelly on 8/28/2020. (MB)
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Filing 42
ORDER granting #39 DEFENDANTS' UNOPPOSED MOTION FOR SUBSTITUTION OF COUNSEL. Attorney Melissa Dorman Matthews; Jordan E. Jarreau and Jessica Junek terminated. Signed by Magistrate Judge Gregory J. Kelly on 8/27/2020. (MB)
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| Filing 41 Joint MOTION to Stay and Incorporated Memorandum of Law by Bard Peripheral Vascular Incorporated, CR Bard Inc. (Yagoda, Jay) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 40 STIPULATION of Dismissal of Claims Against Defendant McKesson Corporation Without Prejudice by McKesson Corporation. (Yagoda, Jay) |
| Filing 39 Unopposed MOTION to Substitute Attorney by Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation. (Yagoda, Jay) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 38 NOTICE of Appearance by Jay Andrew Yagoda on behalf of McKesson Corporation (Yagoda, Jay) |
| Filing 37 NOTICE of Appearance by Jay Andrew Yagoda on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc (Yagoda, Jay) |
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Filing 36
ORDER Judge Kelly's Standing Discovery Order Signed by Magistrate Judge Gregory J. Kelly on 8/24/2020. (MB)
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| Filing 35 NOTICE of Appearance by Jay Andrew Yagoda on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc (Yagoda, Jay) |
| Filing 34 NOTICE of Appearance by Sabrina R. Gallo on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc (Gallo, Sabrina) |
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Filing 33
NOTICE TO COUNSEL AND PARTIES: Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 8/21/2020. (RMF)ctp
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Filing 32
INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 9/4/2020. Signed by Judge Wendy W. Berger on 8/21/2020. (RMF)ctp
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| Filing 31 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 9/4/2020. Signed by Deputy Clerk on 8/21/2020. (RMF)ctp |
| Filing 30 NOTICE to counsel Steven Scott Schulte, Melissa Dorman Matthews, Jordan E Jarreau, Eric Martin Przybysz, Darren McDowell, Jessica Junek and Steven Scott Schulte 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). (MAA) |
| Filing 29 TRANSFER IN from the Northern District of Texas. Case assigned to District Judge Berger and Magistrate Judge Kelly. New Case Number: 6:20-cv-1496-ORL-78GJK. (MAA) |
| Filing 28 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02210. File received electronically |
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Filing 27
MEMORANDUM OPINION AND ORDER granting #24 Unopposed Amended Motion to Sever and Transfer Venue of Out-of-State Plaintiff' Cases. The Court directs the Clerk of the Court to sever and transfer this action as follows: a. Plaintiff Johnetta Ateman case be severed and transferred to the Peoria Division of the Central District of Illinois (Civil case 3:20-cv-2209-S opened); b. Plaintiff Ronald Girardin case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2210-S opened); c. Plaintiff Kyla Ferguson's case be severed and transferred to the Kansas City Division of the Western District of Missouri (Civil case 3:20-cv-2211-S opened); d. Plaintiff Shirley Hasselle's case be severed and transferred to the Jackson Division of the Southern District of Mississippi (Civil case 3:20-cv-2212-S opened);e. Plaintiff Kimberly Kennebrew's case be severed and transferred to the Binghamton Division of the Northern District of New York (Civil case 3:20-cv-2213-S opened);f. Plaintiff Angie Lewis's case be severed and transferred to the Savannah of the Southern District of Georgia (Civil case 3:20-cv-2214-S opened);g. Plaintiff Carl Martin's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (Civil case 3:20-cv-2215-S opened);h. Plaintiff Harry Stoner's case be severed and transferred to the Erie Division of the Western District of Pennsylvania (Civil case 3:20-cv-2216-S opened);i. Plaintiff Steve Urevith's case be severed and transferred to the Southern District of New York (Civil case 3:20-cv-2217-S opened); (Ordered by Judge Karen Gren Scholer on 8/17/2020) (axm) [Transferred from txnd on 8/19/2020.]
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| Filing 26 RESPONSE filed by Bard Peripheral Vascular Incorporated, CR Bard Inc re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #24 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 8/19/2020.] |
| Filing 25 Brief/Memorandum in Support filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith re #24 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 24 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 23 RESPONSE filed by Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 8/19/2020.] |
| Filing 22 Appendix in Support filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 21 Brief/Memorandum in Support filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 19 RESPONSE filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith re: #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 18 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Incorporated, CR Bard Inc, Does 1 through 100 Inclusive, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) [Transferred from txnd on 8/19/2020.] |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
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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) (mla) [Transferred from txnd on 8/19/2020.]
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Filing 15
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 8/19/2020.]
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| Filing 14 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 Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 13 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction as Amended (Junek, Jessica) [Transferred from txnd on 8/19/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) [Transferred from txnd on 8/19/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, CR Bard Inc (Junek, Jessica) [Transferred from txnd on 8/19/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from txnd on 8/19/2020.] |
| 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 txnd on 8/19/2020.] |
| 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 txnd on 8/19/2020.] |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Junek, Jessica) (Main Document 7 replaced with flattened document on 6/11/2020) (awc). [Transferred from txnd on 8/19/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CR Bard Inc. (Junek, Jessica) (Main Document 6 replaced with flattened document on 6/11/2020) (awc). [Transferred from txnd on 8/19/2020.] |
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Filing 5
ELECTRONIC ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer, for all further proceedings. Judge Ed Kinkeade no longer assigned to case. (Ordered by Judge Ed Kinkeade on 6/9/2020) (chmb) [Transferred from txnd on 8/19/2020.]
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| 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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from txnd on 8/19/2020.] |
| 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 txnd on 8/19/2020.] |
| Filing 2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by Bard Peripheral Vascular Inc, CR Bard Inc. (Junek, Jessica) [Transferred from txnd on 8/19/2020.] |
| Filing 1 NOTICE OF REMOVAL filed by CR Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10897065) 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 - Portions of REACH Agreement (redacted), #4 Exhibit(s) B - McKesson, #5 Exhibit(s) C - 8-30-16 Romney, Kim Depositio, #6 Exhibit(s) D - Index of State 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 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 Executed Affidavit of Service - McKesson, #14 Exhibit(s) D-8 Return of Service C.R. Bard, #15 Exhibit(s) D-9 Return of Service Bard Peripheral Vascular) (Junek, Jessica) Modified Docket Text on 6/9/2020 (oyh). [Transferred from txnd on 8/19/2020.] |
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