Warner v. C R Bard Inc et al
| Kelly Warner |
| Bard Peripheral Vascular Inc., McKesson Corporation, C R Bard Inc and Does 1 through 100, Inclusive |
| 8:2020cv01942 |
| August 20, 2020 |
| US District Court for the Middle District of Florida |
| Tampa Office |
| Sean P Flynn |
| Mary S Scriven |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 9, 2020. A more recent docket listing may be available from PACER.
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Filing 37
ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Judge Mary S. Scriven on 9/9/2020. (MWC)
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Filing 36
ENDORSED ORDER granting #33 Motion to Substitute Attorney. Attorneys Jordan E. Jarreau and Melissa Dorman Matthews terminated. Signed by Magistrate Judge Sean P. Flynn on 9/9/2020. (CKR)
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| Filing 35 Joint MOTION to Stay and Incorporated Memorandum of Law by Bard Peripheral Vascular Inc., C R Bard Inc. (Yagoda, Jay) |
| Filing 34 STIPULATION of Dismissal of Claims Against Defendant McKesson Corporation without Prejudice by McKesson Corporation. (Yagoda, Jay) |
| Filing 33 Unopposed MOTION to Substitute Attorney Jordan E. Jarreau and Melissa Dorman Matthews of the law firm Hartline Barger LLP for Defendants C. R. Bard, Inc., Bard Peripheral Vascular, Inc., and McKesson Corporation by Bard Peripheral Vascular Inc., C R Bard Inc, McKesson Corporation. (Yagoda, Jay) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 32 NOTICE of Appearance by Jay Andrew Yagoda on behalf of Bard Peripheral Vascular Inc., C R Bard Inc, McKesson Corporation (Yagoda, Jay) |
| Filing 31 NOTICE of Appearance by Sabrina R. Gallo on behalf of Bard Peripheral Vascular Inc., C R Bard Inc, McKesson Corporation (Gallo, Sabrina) |
| Filing 30 NOTICE of Appearance by Rebecca S. Vinocur on behalf of Kelly Warner (Vinocur, Rebecca) |
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Filing 29
INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 9/10/2020. Signed by Judge Mary S. Scriven on 8/27/2020. (KAC)
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Filing 28
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 Judge Mary S. Scriven on 8/27/2020. (KAC)
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| Filing 27 NOTICE to counsel Melissa Dorman Matthews and Jordan E. Jarreau 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). (AG) |
| Filing 26 NOTICE to counsel Eric Martin Prezybysz, Darren McDowell and 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). (AG) |
| Filing 25 TRANSFER IN from the Northern District of Texas. Case assigned to District Judge Mary S. Scriven and Magistrate Judge Sean P. Flynn. New Case Number: 8:20-cv-1942-T-35SPF. (AG) |
| Filing 24 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02324. File received electronically |
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Filing 23
MEMORANDUM OPINION AND ORDER granting #19 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 Dennis Aaron's case be severed and transferred to the Huntsville Division of the Northern District of Alabama (Civil Case 3:20-cv-2316-S Opened); b. Plaintiff Sharon Blackstone's case be severed and transferred to the Philadelphia Division of the Eastern District of Pennsylvania (Civil Case 3:20-cv-2317-S Opened); c. Plaintiff Matthew Chapman's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil Case 3:20-cv-2318-S Opened); d. Plaintiff Ricky Cole's case be severed and transferred to the Pikeville Division of the Eastern District of Kentucky (Civil Case 3:20-cv-2319-S Opened); e. Plaintiff Duane Fielder's c ase be severed and transferred to the Reno Division of the District of Nevada (Civil Case 3:20-cv-2320-S Opened);f. Plaintiff Stanley Green's case be severed and transferred to the Harrisburg Division of the Middle District of Pennsylvania (Civil Case 3:20-cv-2321-S Opened); g. Plaintiff Kimberly McCray's case be severed and transferred to the Springfield Division of the Western District of Missouri (Civil Case 3:20-cv-2322-S Opened); h. Plaintiff Lucille Tisdale's case be severed and transferred to the Springfield Division of the Western District of Missouri (Civil Case 3:20-cv-2323-S Opened);i. Plaintiff Kelly Warner's case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil Case 3:20-cv-2324-S Opened). Plaintiff Dora Sirmons 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 8/18/2020) (axm) [Transferred from txnd on 8/20/2020.]
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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 8/20/2020.] |
| Filing 21 Appendix in Support filed by Dennis Aaron, Sharon Blackstone, Matthew Chapman, Ricky Cole, Duane Fielder, Stanley Green, Kimberly McCray, Dora Sirmons, Lucille Tisdale, Kelly Warner re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from txnd on 8/20/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Dennis Aaron, Sharon Blackstone, Matthew Chapman, Ricky Cole, Duane Fielder, Stanley Green, Kimberly McCray, Dora Sirmons, Lucille Tisdale, Kelly Warner re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/20/2020.] |
| Filing 19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Dennis Aaron, Sharon Blackstone, Matthew Chapman, Ricky Cole, Duane Fielder, Stanley Green, Kimberly McCray, Dora Sirmons, Lucille Tisdale, Kelly Warner (Schulte, Steven) [Transferred from txnd on 8/20/2020.] |
| Filing 18 RESPONSE filed by Dennis Aaron, Sharon Blackstone, Matthew Chapman, Ricky Cole, Duane Fielder, Stanley Green, Kimberly McCray, Dora Sirmons, Lucille Tisdale, Kelly Warner re: #2 MOTION to Dismiss for Lack of Jurisdiction , #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Schulte, Steven) [Transferred from txnd on 8/20/2020.] |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order Setting Deadline/Hearing, filed by Dennis Aaron, Sharon Blackstone, Matthew Chapman, Ricky Cole, Duane Fielder, Stanley Green, Kimberly McCray, Dora Sirmons, Lucille Tisdale, Kelly Warner (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from txnd on 8/20/2020.] |
| Filing 16 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 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) (mla) [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 Agreed MOTION to Extend Time Resp/Reply filed by Dennis Aaron, Sharon Blackstone, Matthew Chapman, Ricky Cole, Duane Fielder, Stanley Green, Kimberly McCray, Dora Sirmons, Lucille Tisdale (Attachments: #1 Proposed Order) (Przybysz, Eric) [Transferred from txnd on 8/20/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (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 McKesson Corporation (Matthews, Melissa) [Transferred from txnd on 8/20/2020.] |
| 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 8/20/2020.] |
| Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from txnd on 8/20/2020.] |
| Filing 8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from txnd on 8/20/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) [Transferred from txnd on 8/20/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc identifying Corporate Parent/Other Affiliate Becton, Dickinson and Company for C R Bard Inc. (Matthews, Melissa) Modified corporate parent on 6/12/2020 (mla). [Transferred from txnd on 8/20/2020.] |
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Filing 7
ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge David C Godbey no longer assigned to case. (Ordered by Judge David C Godbey on 6/10/2020) (ndt) [Transferred from txnd on 8/20/2020.]
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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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (oyh) [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 for Lack of Jurisdiction (Matthews, Melissa) [Transferred from txnd on 8/20/2020.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. (Matthews, Melissa) [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 0539-10903783) 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 - Jury Demand, #11 Exhibit(s) D-5 - Citation Issued to C.R. Bard, #12 Exhibit(s) D-6 - Citation Issued to Bard Peripheral Vascular, Inc., #13 Exhibit(s) D-7 - Citation Issued to McKesson Corp, #14 Exhibit(s) D-8 - Affidavit of Service - McKesson, #15 Exhibit(s) D-9 - Return of Service - C.R. Bard, #16 Exhibit(s) D-10 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from txnd on 8/20/2020.] |
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