Favero v. C R Bard Inc et al
Plaintiff: Barbara Favero
Defendant: McKesson Corporation, C R Bard Inc, Bard Peripheral Vascular Incorporated and Does 1 through 100, Inclusive
Case Number: 6:2020cv01623
Filed: September 2, 2020
Court: US District Court for the Middle District of Florida
Office: Orlando Office
Presiding Judge: Paul G Byron
Referring Judge: Daniel C Irick
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on October 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 30, 2020 Filing 56 RESPONSE TO ORDER TO SHOW CAUSE re 54 Order no pdf filed by Bard Peripheral Vascular Incorporated, C R Bard Inc. (Ocariz, Rebecca)
October 26, 2020 Set/reset deadlines/hearings: Show Cause Response due by 10/30/2020 (MEJ)
October 23, 2020 Filing 55 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 - CMO 7, #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)(Ocariz, Rebecca)
October 23, 2020 Opinion or Order Filing 54 ENDORSED ORDER. On or before Friday, October 30, 2020, the parties are hereby ORDERED TO SHOW CAUSE why this case should not be stayed in light of the language used in 20cv673 and 20cv1545 stating that the parties are finalizing the "settlement terms with respect to this and all cases [] in similar matters..." Responses should not exceed five (5) pages. Signed by Judge Paul G. Byron on 10/23/2020. (JBS)
October 23, 2020 Opinion or Order Filing 53 ENDORSED ORDER granting #52 Unopposed Motion to Withdraw as Attorney. Steven Scott Schulte, Darren McDowell, and Eric Martin Przybysz are terminated as counsel in this case. Signed by Magistrate Judge Daniel C. Irick on 10/23/2020. (Irick, Daniel)
October 22, 2020 Filing 52 Unopposed MOTION for to Withdraw as Attorney by Barbara Favero. (Attachments: #1 Text of Proposed Order Proposed Order)(Vinocur, Rebecca) Motions referred to Magistrate Judge Daniel C. Irick.
October 22, 2020 Filing 51 CERTIFICATE of interested persons and corporate disclosure statement re #39 Interested persons order by Barbara Favero. (Vinocur, Rebecca)
October 22, 2020 Filing 50 NOTICE of pendency of related cases re #38 Related case order and track 2 notice per Local Rule 1.04(d) by Barbara Favero. Related case(s): Yes (Vinocur, Rebecca)
October 22, 2020 Filing 49 NOTICE of Appearance by Rebecca S. Vinocur on behalf of Barbara Favero (Vinocur, Rebecca)
October 15, 2020 Opinion or Order Filing 48 ORDER TO SHOW CAUSE as to Plaintiff Barbara Favero. Plaintiff has failed to comply with the Court's Orders #38 and #39. Plaintiff shall SHOW CAUSE and file her response to said Orders within fourteen (14) days from the date of this Order. Failure to comply with this Order may result in dismissal without prejudice or other appropriate sanctions pursuant to Local Rule 3.10(a). Signed by Judge Paul G. Byron on 10/15/2020. (GNB) copies e-mailed/mailed
October 7, 2020 Opinion or Order Filing 47 ENDORSED ORDER denying as moot #2 Motion to Dismiss for Lack of Jurisdiction in light of #30 Order transferring the case to this Court. Defendant's arguments regarding lack of personal jurisdiction in Texas are moot. Signed by Judge Paul G. Byron on 10/7/2020. (JBS)
October 7, 2020 Opinion or Order Filing 46 ENDORSED ORDER denying as moot #9 Motion to Dismiss for Lack of Jurisdiction in light of #37 Order dismissing claims against Defendant McKesson Corporation. Signed by Judge Paul G. Byron on 10/7/2020. (JBS)
September 28, 2020 Filing 45 NOTICE of pendency of related cases re #38 Related case order and track 2 notice per Local Rule 1.04(d) by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. Related case(s): y (Attachments: #1 Exhibit A)(Ocariz, Rebecca) (Additional attachment(s) added on 9/29/2020: #1 Exhibit A) (MEJ).
September 28, 2020 Filing 44 CERTIFICATE of interested persons and corporate disclosure statement re #39 Interested persons order by Bard Peripheral Vascular Incorporated, 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 Incorporated, C R Bard Inc, McKesson Corporation.. (Attachments: #1 Exhibit A)(Ocariz, Rebecca)
September 15, 2020 Opinion or Order Filing 43 STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 1/2/2020. (RN)
September 15, 2020 Opinion or Order Filing 42 ENDORSED ORDER denying #41 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 9/15/2020. (JBS)
September 15, 2020 Filing 41 Joint MOTION to Stay and Incorporated Memorandum of Law by Bard Peripheral Vascular Incorporated, C R Bard Inc. (Gallo, Sabrina)
September 15, 2020 Opinion or Order Filing 40 ENDORSED ORDER granting #35 Unopposed Motion to Substitute Attorney. Attorneys Jordan E. Jarreau and Melissa Dorman Matthews are terminated as counsel in this case. Signed by Magistrate Judge Daniel C. Irick on 9/15/2020. (Irick, Daniel)
September 14, 2020 Opinion or Order Filing 39 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
September 14, 2020 Opinion or Order Filing 38 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 mailed/e-mailed
September 14, 2020 Opinion or Order Filing 37 ORDER re #36 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. (JBS)
September 12, 2020 Filing 36 STIPULATION of Dismissal (Joint) of Claims Against Defendant McKesson Corporation Without Prejudice by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. (Gallo, Sabrina)
September 12, 2020 Filing 35 Unopposed MOTION to Substitute Attorney by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. (Gallo, Sabrina) Motions referred to Magistrate Judge Daniel C. Irick.
September 12, 2020 Filing 34 NOTICE of Appearance by Sabrina R. Gallo on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Gallo, Sabrina)
September 2, 2020 Filing 33 NOTICE to counsel Jordan E. Jarreau, Melissa Dorman Matthews, Darren McDowell, Eric Martin Przybysz 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)
September 2, 2020 Filing 32 TRANSFER IN from the Northern District of Texas. Case assigned to District Judge Byron and Magistrate Judge Irick. New Case Number: 6:20-cv-1623-ORL-40DCI. (MAA)
September 2, 2020 Filing 31 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02605. File received electronically
August 31, 2020 Opinion or Order Filing 30 MEMORANDUM OPINION AND ORDER granting #22 Plaintiffs' Unopposed Amended 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 Lynnda Bilyeu's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2604-S opened);b. Plaintiff Barbara Favero's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2605-S opened);c. Plaintiff Velveeta Lee's case be severed and transferred to the Southern Division of the Eastern District of Michigan (Civil case 3:20-cv-2606-S opened);d. Plaintiff Michael Lees's case be severed and transferred to the Houston Division of the Southern District of Texas (Civil case 3:20-cv-2607-S opened);e. Plaintiff Maureen McCarthy's case be severed and transferred to the Manhattan Division of the Southern District of New York (Civil case 3:20-cv-2608-S opened);f. Plaintiff Cynthia McDowell's case be severed and transferred to the District of Columbia (Civil case 3:20-cv-2609-S opened);g. Plaintiff Frank Plott's case be severed and transferred to the Newport News Division of the Eastern District of Virginia (Civil case 3:20-cv-2610-S opened); andh. Plaintiff Mildred Sherman's case be severed and transferred to the Columbia Division of the District of South Carolina (Civil case 3:20-cv-2611-S opened). Plaintiff Janie Lynch 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) (axm) [Transferred from txnd on 9/2/2020.]
August 28, 2020 Filing 29 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division , #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #28 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.]
August 27, 2020 Filing 28 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Cynthia McDowell, Frank Plott (Schulte, Steven) [Transferred from txnd on 9/2/2020.]
August 26, 2020 Opinion or Order Filing 27 ORDER: Pursuant to the parties' agreement, see ECF Nos. #22, #26, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Randy Davis's claims against Defendants. The parties shall bear their own costs. All relief not expressly granted is DENIED. (Ordered by Judge Karen Gren Scholer on 8/26/2020) (ctf) [Transferred from txnd on 9/2/2020.]
August 24, 2020 Filing 26 Supplemental RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) Modified title on 8/25/2020 (awc). [Transferred from txnd on 9/2/2020.]
August 14, 2020 Filing 25 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division , #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 9/2/2020.]
August 13, 2020 Filing 24 Appendix in Support filed by Lynnda Bilyeu, Janie Campbell, Randy Davis, Barbara Favero, Velveeta Lee, Michael Lees, Maureen McCarthy, Cynthia McDowell, Frank Plott, Mildred Sherman re #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 9/2/2020.]
August 13, 2020 Filing 23 Brief/Memorandum in Support filed by Lynnda Bilyeu, Janie Campbell, Randy Davis, Barbara Favero, Velveeta Lee, Michael Lees, Maureen McCarthy, Cynthia McDowell, Frank Plott, Mildred Sherman re #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 9/2/2020.]
August 13, 2020 Filing 22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Lynnda Bilyeu, Janie Campbell, Randy Davis, Barbara Favero, Velveeta Lee, Michael Lees, Maureen McCarthy, Cynthia McDowell, Frank Plott, Mildred Sherman (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/2/2020.]
August 3, 2020 Filing 21 Appendix in Support filed by Lynnda Bilyeu, Randy Davis, Barbara Favero, Velveeta Lee, Michael Lees, Maureen McCarthy, Cynthia McDowell, Frank Plott, Mildred Sherman re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from txnd on 9/2/2020.]
August 3, 2020 Filing 20 Brief/Memorandum in Support filed by Lynnda Bilyeu, Randy Davis, Barbara Favero, Velveeta Lee, Michael Lees, Maureen McCarthy, Cynthia McDowell, Frank Plott, Mildred Sherman re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from txnd on 9/2/2020.]
August 3, 2020 Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by Lynnda Bilyeu, Randy Davis, Barbara Favero, Velveeta Lee, Michael Lees, Maureen McCarthy, Cynthia McDowell, Frank Plott, Mildred Sherman (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/2/2020.]
August 3, 2020 Filing 18 RESPONSE AND OBJECTION filed by Lynnda Bilyeu, Janie Campbell, Randy Davis, Barbara Favero, Velveeta Lee, Michael Lees, Maureen McCarthy, Cynthia McDowell, Frank Plott, Mildred Sherman re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from txnd on 9/2/2020.]
July 22, 2020 Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Lynnda Bilyeu, Janie Campbell, Randy Davis, Barbara Favero, Velveeta Lee, Michael Lees, Maureen McCarthy, Cynthia McDowell, Frank Plott, Mildred Sherman (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from txnd on 9/2/2020.]
July 22, 2020 Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from txnd on 9/2/2020.]
July 16, 2020 Opinion or Order 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 July 22, 2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (ndt) [Transferred from txnd on 9/2/2020.]
July 1, 2020 Opinion or Order 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 9/2/2020.]
June 29, 2020 Filing 13 MOTION for Extension of Time to File Response/Reply to #2 MOTION to Dismiss for Lack of Jurisdiction , #9 MOTION to Dismiss for Lack of Jurisdiction filed by Lynnda Bilyeu, Janie Campbell, Randy Davis, Barbara Favero, Velveeta Lee, Michael Lees, Maureen McCarthy, Cynthia McDowell, Frank Plott, Mildred Sherman (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/2/2020.]
June 18, 2020 Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.]
June 18, 2020 Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.]
June 18, 2020 Filing 10 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.]
June 18, 2020 Filing 9 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.]
June 18, 2020 Filing 8 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.]
June 15, 2020 Opinion or Order Filing 7 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 6/15/2020) (svc) [Transferred from txnd on 9/2/2020.]
June 12, 2020 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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from txnd on 9/2/2020.]
June 12, 2020 Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.]
June 12, 2020 Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.]
June 12, 2020 Filing 3 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, C R Bard Inc re #2 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.]
June 12, 2020 Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.]
June 12, 2020 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10912238) 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 - Index of State Docs, #7 Exhibit(s) D-1 State Court Docket Sheet, #8 Exhibit(s) D-2 - 2020-04-07 Plaintiffs' Original Petition, #9 Exhibit(s) D-3 - 2020-04-07 Civil Case Info. Sheet, #10 Exhibit(s) D-4 - 2020-04-07 Jury Demand, #11 Exhibit(s) D-5 - 2020-04-07 Citation Issed - Bard Peripheral Vascular, Inc., #12 Exhibit(s) D-6 - 2020-04-07 Citation Issued - C.R. Bard, Inc., #13 Exhibit(s) D-7 - 020-04-07 Citation Issued - McKesson Corporation, #14 Exhibit(s) D-8 -- 2020-04-17 Status Conference Order, #15 Exhibit(s) D-9 - 2020-05-06 Affidavit of Service - McKesson, #16 Exhibit(s) D-10 - 2020-05-22 Return of Service - C.R. Bard, #17 Exhibit(s) D-11 - 2020-05-29 Status Conference Order, #18 Exhibit(s) D-12 - 2020-06-04 Return of Service - Bard Peripheral) (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.]

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Search for this case: Favero v. C R Bard Inc et al
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Plaintiff: Barbara Favero
Represented By: Darren McDowell
Represented By: Eric Martin Przybysz
Represented By: Steven Scott Schulte
Represented By: Rebecca S. Vinocur
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Defendant: McKesson Corporation
Represented By: Melissa Dorman Matthews
Represented By: Jordan E. Jarreau
Represented By: Rebecca A. Ocariz
Represented By: Sabrina R. Gallo
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Defendant: C R Bard Inc
Represented By: Melissa Dorman Matthews
Represented By: Jordan E. Jarreau
Represented By: Rebecca A. Ocariz
Represented By: Sabrina R. Gallo
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Defendant: Bard Peripheral Vascular Incorporated
Represented By: Melissa Dorman Matthews
Represented By: Jordan E. Jarreau
Represented By: Rebecca A. Ocariz
Represented By: Sabrina R. Gallo
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Defendant: Does 1 through 100, Inclusive
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