Vargas v. C R Bard Inc et al
| Ramon Vargas |
| Bard Peripheral Vascular Inc., McKesson Corporation, C R Bard Inc and Does 1 through 100, Inclusive |
| 6:2020cv01510 |
| August 20, 2020 |
| US District Court for the Middle District of Florida |
| Orlando Office |
| Roy B Dalton |
| Embry J Kidd |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Set deadlines: Joint Status Report due by 11/9/2020. (KNC) |
Filing 40
ORDER granting in part and denying in part #36 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 39 Remark: Doc. #37 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 9/11/20. (EBU) |
| Filing 38 NOTICE of pendency of related cases re #31 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) |
| Filing 37 CERTIFICATE of interested persons and corporate disclosure statement #32 Interested Persons Order by Bard Peripheral Vascular Inc., C R Bard Inc, McKesson Corporation identifying Corporate Parent Becton, Dickinson and Company, Other Affiliate T. Rowe Price Group, Inc. for Bard Peripheral Vascular Inc., C R Bard Inc, McKesson Corporation.. (Attachments: #1 Exhibit A)(Ocariz, Rebecca) Modified on 9/11/2020 (KNC). |
| Filing 36 Joint MOTION to Stay AND INCORPORATED MEMORANDUM OF LAW by Bard Peripheral Vascular Inc., C R Bard Inc, McKesson Corporation. (Ocariz, Rebecca) Modified on 9/10/2020 (KNC). |
| Filing 35 Unopposed MOTION to Substitute Attorney by Bard Peripheral Vascular Inc., C R Bard Inc, McKesson Corporation. (Ocariz, Rebecca) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 34 NOTICE of Appearance by Rebecca S. Vinocur on behalf of Ramon Vargas (Vinocur, Rebecca) |
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Filing 33
STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 1/3/2020. (PML) ctp
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| Filing 32 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 31 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) |
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Filing 30
STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 8/21/2020. (JLE)
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Filing 29
ORDER granting #8 Motion to Dismiss. 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 28
ORDER denying as moot #2 Motion to Dismiss. Signed by Judge Roy B. Dalton, Jr. on 8/20/2020. (BIA) (ctp)
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| Filing 27 NOTICE to counsel Eric Martin Przybysz, Darren McDowell, Steven Scott Schulte, Melissa Dorman Matthews, Jessica Junek 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). (MAA) |
| Filing 26 TRANSFER IN from the Northern District of Texas. Case assigned to District Judge Dalton and Magistrate Judge Kidd. New Case Number: 6:20-cv-1510-ORL-37EJK. (MAA) |
| Filing 25 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02331. File received electronically |
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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 txnd on 8/20/2020.]
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| 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 8/20/2020.] |
| 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 txnd on 8/20/2020.] |
| 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 txnd on 8/20/2020.] |
| 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 txnd on 8/20/2020.] |
| 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 txnd on 8/20/2020.] |
| 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 txnd on 8/20/2020.] |
| 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 txnd on 8/20/2020.] |
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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) Modified on 7/16/2020 (mla). Modified on 7/16/2020 (ndt). [Transferred from txnd on 8/20/2020.]
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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 txnd on 8/20/2020.]
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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 8/20/2020.]
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| 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 txnd on 8/20/2020.] |
| 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 txnd on 8/20/2020.] |
| 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 txnd on 8/20/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from txnd on 8/20/2020.] |
| 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 8/20/2020.] |
| 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 8/20/2020.] |
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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 txnd on 8/20/2020.]
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| 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 txnd on 8/20/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Junek, Jessica) [Transferred from txnd on 8/20/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Junek, Jessica) [Transferred from txnd on 8/20/2020.] |
| 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 8/20/2020.] |
| 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 txnd on 8/20/2020.] |
| 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 txnd on 8/20/2020.] |
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