Lopez v. CR Bard Inc et al
| Fernando Lopez |
| Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation and Does 1 through 100, Inclusive |
| 6:2020cv01497 |
| August 19, 2020 |
| US District Court for the Middle District of Florida |
| Orlando Office |
| Roy B Dalton |
| 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 September 24, 2020. A more recent docket listing may be available from PACER.
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Filing 51
ORDER granting #50 Motion to Withdraw as Attorney. Attorneys Steven Scott Schulte; Darren McDowell and Eric Martin Przybysz terminated as counsel for Plaintiff. Signed by Magistrate Judge Leslie R. Hoffman on 9/24/2020. (MKH)
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| Filing 50 MOTION for to Withdraw as Attorney by Fernando Lopez. (Vinocur, Rebecca) Motions referred to Magistrate Judge Leslie R. Hoffman. |
| Set deadline: Status Report due by 11/9/2020. (LDJ) |
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Filing 49
ORDER granting in part and denying in part #42 Motion to Stay. The parties are DIRECTED to file a joint status report on or before Monday, November 9, 2020. The Clerk is directed to ADMINISTRATIVELY CLOSE the case. Signed by Judge Roy B. Dalton, Jr. on 9/11/2020. (BIA)
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Filing 48
ORDER denying without prejudice #47 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Leslie R. Hoffman on 9/10/2020. (MKH)
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| Filing 47 MOTION for Steven S. Shulte to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17291113 for $150 by Fernando Lopez. (Attachments: #1 Text of Proposed Order Proposed order)(Vinocur, Rebecca) Motions referred to Magistrate Judge Leslie R. Hoffman. |
| Filing 46 NOTICE to counsel Steven Scott Schulte of Local Rule 2.02, Special Admission to Practice - Non-resident attorney shall file a written designation and consent-to-act on the part of some member of the bar of this Court; 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). (LDJ) (copies emailed) |
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Filing 45
ORDER granting #44 Motion to Withdraw as Attorney. Attorneys Jordan E. Jarreau and Melissa Dorman Matthews terminated as counsel for Defendants. Signed by Magistrate Judge Leslie R. Hoffman on 9/9/2020. (MKH)
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| Filing 44 Unopposed MOTION for Jordan E. Jarreau and Melissa Dorman Matthews to Withdraw as Attorney by Bard Peripheral Vascular Incorporated, CR Bard Inc. (Yagoda, Jay) Motions referred to Magistrate Judge Leslie R. Hoffman. |
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Filing 43
ORDER denying without prejudice #41 Motion to Substitute Attorney. Signed by Magistrate Judge Leslie R. Hoffman on 9/9/2020. (MKH)
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| Filing 42 Joint MOTION to Stay and Incorporated Memorandum of Law by Bard Peripheral Vascular Incorporated, CR Bard Inc. (Yagoda, Jay) |
| Filing 41 Unopposed MOTION to Substitute Attorney Jordan E. Jarreau and Attorney Melissa Dorman Matthews by Bard Peripheral Vascular Incorporated, CR Bard Inc. (Yagoda, Jay) Motions referred to Magistrate Judge Leslie R. Hoffman. Modified text on 9/9/2020 (LDJ). |
| Filing 40 NOTICE of Appearance by Rebecca S. Vinocur on behalf of Fernando Lopez (Vinocur, Rebecca) |
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Filing 39
STANDING ORDER on Discovery Motions. Signed by Magistrate Judge Leslie R. Hoffman on 1/6/2020. (MKH)
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| Filing 38 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 9/10/2020. Signed by Deputy Clerk on 8/27/2020. (BIA) (ctp) |
| Filing 37 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 9/10/2020. Signed by Deputy Clerk on 8/27/2020. (BIA) (ctp) |
| Filing 36 NOTICE of Appearance by Jay Andrew Yagoda on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc (Yagoda, Jay) |
| Filing 35 NOTICE of Appearance by Sabrina R. Gallo on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc (Gallo, Sabrina) |
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Filing 34
ORDER granting #14 Motion to Dismiss for Lack of Jurisdiction. Plaintiff's claims against Defendant McKesson Corporation (see Doc. 1-8) are DISMISSED WITHOUT PREJUDICE. The Clerk is DIRECTED to terminate Defendant McKesson Corporation as a Defendant in this action. Signed by Judge Roy B. Dalton, Jr. on 8/20/2020. (BIA) (ctp)
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Filing 33
ORDER denying as moot #11 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Roy B. Dalton, Jr. on 8/19/2020. (BIA) (ctp) Modified on 8/20/2020 to correct docket text. (BIA).
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| Filing 32 NOTICE to counsel Steven Scott Schulte, Melissa Dorman Matthews, Jordan E Jarreau, Eric Martin Przybysz, and Darren McDowell 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 31 TRANSFER IN from the Northern District of Texas. Case assigned to District Judge Dalton and Magistrate Judge Hoffman. New Case Number: 6:20-cv-1497-ORL-37LRH. (MAA) |
| Filing 30 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02208. File received electronically |
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Filing 29
MEMORANDUM OPINION AND ORDER granting #24 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 John Boch's case be severed and transferred to the Flint Division of the Eastern District of Michigan (Civil case 3:20-cv-2200 opened); b. Plaintiff Bridgette Cherasard's case be severed and transferred to the Miami Division of the Southern District of Florida (Civil case 3:20-cv-2201 opened); c. Plaintiff Sherry Flowers's case be severed and transferred to the Eastern Division of the Northern District of Illinois (Civil case 3:20-cv-2202 opened); d. Plaintiff Kevin Haney's case be severed and transferred to the Spartanburg Division of the District of South Carolina (Civil case 3:20-cv-2203 opened); e. Plaintiff Dolores Hathaway's case be severed and transferred to the Benton Division of the Southern District of Illinois (Civil case 3:20-cv-2204 opened); f. Plaintiff Michelle Johnson's case be severed and transferred to the Alexandria Division of the Eastern District of Virginia (Civil case 3:20-cv-2205 opened); g. Plaintiff Trevor Sand's case be severed and transferred to the Green Bay Division of the Eastern District of Wisconsin (Civil case 3:20-cv-2206 opened); h. Plaintiff Edward Szymaszek's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (Civil case 3:20-cv-2207 opened); i. Plaintiff Fernando Lopez's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2208 opened). Plaintiff Marcus Delgado 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 8/17/2020) (jmg) [Transferred from txnd on 8/19/2020.]
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| Filing 28 RESPONSE filed by Bard Peripheral Vascular Incorporated, CR Bard Inc re: #24 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 8/19/2020.] |
| Filing 27 RESPONSE filed by Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation re: #24 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 8/19/2020.] |
| Filing 26 Appendix in Support filed by John Boch, Bridgette Cherasard, Marcus Delgado, Sherry Flowers, Kevin Haney, Dolores Hathaway, Michelle Johnson, Fernando Lopez, Trevor Sand, Edward Szymaszek re #24 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 25 Brief/Memorandum in Support filed by John Boch, Bridgette Cherasard, Marcus Delgado, Sherry Flowers, Kevin Haney, Dolores Hathaway, Michelle Johnson, Fernando Lopez, Trevor Sand, Edward Szymaszek re #24 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 24 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by John Boch, Bridgette Cherasard, Marcus Delgado, Sherry Flowers, Kevin Haney, Dolores Hathaway, Michelle Johnson, Fernando Lopez, Trevor Sand, Edward Szymaszek (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 23 RESPONSE filed by John Boch, Bridgette Cherasard, Marcus Delgado, Sherry Flowers, Kevin Haney, Dolores Hathaway, Michelle Johnson, Fernando Lopez, Trevor Sand, Edward Szymaszek re: #2 MOTION to Dismiss for Lack of Jurisdiction , #11 Amended MOTION to Dismiss for Lack of Jurisdiction , #14 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 22 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) [Transferred from txnd on 8/19/2020.] |
| Filing 21 NOTICE of Filing Completed Forms For Each Plaintiff filed by John Boch, Bridgette Cherasard, Marcus Delgado, Sherry Flowers, Kevin Haney, Dolores Hathaway, Michelle Johnson, Fernando Lopez, Trevor Sand, Edward Szymaszek (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
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Filing 20
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) [Transferred from txnd on 8/19/2020.]
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Filing 19
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 18 MOTION for Extension of Time to File Response/Reply to #2 MOTION to Dismiss for Lack of Jurisdiction , #14 MOTION to Dismiss for Lack of Jurisdiction filed by John Boch, Bridgette Cherasard, Marcus Delgado, Sherry Flowers, Kevin Haney, Dolores Hathaway, Michelle Johnson, Fernando Lopez, Trevor Sand, Edward Szymaszek (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 17 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from txnd on 8/19/2020.] |
| Filing 16 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from txnd on 8/19/2020.] |
| Filing 15 Brief/Memorandum in Support filed by McKesson Corporation re #14 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from txnd on 8/19/2020.] |
| Filing 14 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from txnd on 8/19/2020.] |
| Filing 13 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, CR Bard Inc (Jarreau, Jordan) [Transferred from txnd on 8/19/2020.] |
| Filing 12 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, CR Bard Inc re #11 Amended MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from txnd on 8/19/2020.] |
| Filing 11 Amended MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, CR Bard Inc (Jarreau, Jordan) [Transferred from txnd on 8/19/2020.] |
| Filing 10 AMENDED CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CR Bard Inc. (Jarreau, Jordan) Modified title on 6/11/2020 (awc). [Transferred from txnd on 8/19/2020.] |
| Filing 9 AMENDED CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) Modified title on 6/11/2020 (awc). [Transferred from txnd on 8/19/2020.] |
| Filing 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from txnd on 8/19/2020.] |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CR Bard Inc. (Jarreau, Jordan) [Transferred from txnd on 8/19/2020.] |
| Filing 6 ***DISREGARD PER ATTORNEY/INCORRECT DOCUMENT FILED***CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) Modified on 6/10/2020 (ykp). [Transferred from txnd on 8/19/2020.] |
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Filing 5
ELECTRONIC ORDER: Civil action number 3:20-CV-1474-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 6/9/2020) (ctf) [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 Ramirez). 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, CR Bard Inc re #2 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from txnd on 8/19/2020.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, CR Bard Inc (Jarreau, Jordan) [Transferred from txnd on 8/19/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10896822) 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 page, #5 Exhibit(s) C - 8-30-16 Romney, Kim Deposition, #6 Exhibit(s) D-1 Index of State Docs, #7 Exhibit(s) D-2 Delgado - State Court Docket Sheet, #8 Exhibit(s) D-3 2020-04-07 - Plaintiffs' Original Petition, #9 Exhibit(s) D-4. 2020-04-07 - Civil Case Information Sheet, #10 Exhibit(s) D-5 2020-04-08 - Jury Demand, #11 Exhibit(s) D-6 2020-04-09 - Citation Issued to Bard Peripheral Vascular, Inc., #12 Exhibit(s) D-7. 2020-04-09 - Citation Issued to C. R. Bard, Inc., #13 Exhibit(s) D-8 2020-04-09 - Citation Issued to McKesson Corp, #14 Exhibit(s) D-9 2020-05-06 - Executed Affidavit of Service to McKesson - 05-01-2020, #15 Exhibit(s) D-10 2020-05-22 - Executed Return of Service to C. R. Bard - 05-20-2020, #16 Exhibit(s) D-11 2020-06-04 - Executed Return of Service to Bard Peripheral Vascular, Inc. (05-20-2020)) (Jarreau, Jordan) [Transferred from txnd on 8/19/2020.] |
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