Gump v. C R Bard Inc et al
| Carol Gump |
| Bard Peripheral Vascular Inc., McKesson Corporation, C R Bard Inc and Does 1 through 100, Inclusive |
| 8:2020cv02061 |
| September 2, 2020 |
| US District Court for the Middle District of Florida |
| Tampa Office |
| William F Jung |
| Anthony E Porcelli |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 14, 2020. A more recent docket listing may be available from PACER.
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Filing 39
ENDORSED ORDER granting #38 Motion to Stay discovery and all pretrial deadlines for ninety (90) days. Signed by Judge William F. Jung on 9/14/2020. (CCB)
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| Filing 38 Joint MOTION to Stay and Incorporated Memorandum of Law by Bard Peripheral Vascular Inc., C R Bard Inc. (Gallo, Sabrina) |
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Filing 37
ENDORSED ORDER: Upon consideration of the #35 Stipulation of Dismissal, this case is dismissed without prejudice as to Defendant McKesson Corporation only. Signed by Judge William F. Jung on 9/14/2020. (CCB)
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Filing 36
ENDORSED ORDER granting #34 Motion to Substitute Attorney. Attorney Melissa Dorman Matthews; Jordan E. Jarreau and Jessica Junek terminated. Signed by Judge William F. Jung on 9/14/2020. (CCB)
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| Filing 35 STIPULATION of Dismissal (Joint) of Claims Against Defendant McKesson Corporation Without Prejudice by Bard Peripheral Vascular Inc., C R Bard Inc, McKesson Corporation. (Gallo, Sabrina) |
| Filing 34 Unopposed MOTION to Substitute Attorney by Bard Peripheral Vascular Inc., C R Bard Inc, McKesson Corporation. (Gallo, Sabrina) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 33 NOTICE of Appearance by Sabrina R. Gallo on behalf of Bard Peripheral Vascular Inc., C R Bard Inc, McKesson Corporation (Gallo, Sabrina) |
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Filing 32
ENDORSED ORDER denying without prejudice #7 Motion to Dismiss. If this issue remains pertinent, movant may reassert and refile the motion. Signed by Judge William F. Jung on 9/3/2020. (Jung, William)
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Filing 31
ENDORSED ORDER denying without prejudice #2 Motion to Dismiss. If this issue remains pertinent, movant may reassert and refile the motion. Signed by Judge William F. Jung on 9/3/2020. (Jung, William)
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Filing 30
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Counsel and any unrepresented party shall meet within sixty days after service of the complaint upon any defendant for the purpose of preparing and filing a Case Management Report. Signed by Judge William F. Jung on 9/3/2020. (SAO)
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| Filing 29 NOTICE to counsel Melissa Dorman Matthews, Jordan E. Jarreau and Jessica Junek 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; 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 28 NOTICE to counsel Eric Martin Przybysz, 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; 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 27 TRANSFER IN from the Northern District of Texas. Case assigned to District Judge William F. Jung and Magistrate Judge Anthony E. Porcelli. New Case Number: 8:20-cv-2061-T-02AEP. (AG) |
| Filing 26 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02630. File received electronically |
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Filing 25
MEMORANDUM OPINION AND ORDER grants #17 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 Katherine Bishop's case be severed and transferred to the Eastern Division of the Southern District of Mississippi (Civil case 3:20-cv-2628 opened); b. Plaintiff Linda Cattles's case be severed and transferred to the Charleston Division of the District of South Carolina (Civil case 3:20-cv-2629 opened); c. Plaintiff Carol Gump's case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil case 3:20-cv-2630 opened); d. Plaintiff Melvin Haley's case be severed and transferred to the Northern Division of the Southern District of Mississippi (Civil case 3:20-cv-2631 opened); e. Plaintiff Chelsea Jackson's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (Civil case 3:20-cv-2632 opened); f. Plaintiff Sharon Listul's case be severed and transferred to the Northern Division of the Middle District of Alabama (Civil case 3:20-cv-2633 opened); g. Plaintiff Annie Newton's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (Civil case 3:20-cv-2634 opened); and h. Plaintiff Dolores Wiedner's case be severed and transferred to the St. Paul Division of the District of Minnesota (Civil case 3:20-cv-2635 opened). Plaintiff Michael Landers 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 8/31/2020) (jmg) [Transferred from txnd on 9/2/2020.]
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Filing 24
ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Carol Loftus's claims against Defendants. The parties shall bear their own costs. All Party Carol Loftus terminated. (Ordered by Judge Karen Gren Scholer on 8/26/2020) (axm) [Transferred from txnd on 9/2/2020.]
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| Filing 23 Supplemental RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #17 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.] |
| Filing 22 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 9/2/2020.] |
| Filing 21 NOTICE of Filing Completed Forms for Each Plaintiff re: #20 Order Setting Deadline/Hearing, filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) Exhibit A) (Matthews, Melissa) [Transferred from txnd on 9/2/2020.] |
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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 8/10/2020. (Ordered by Judge Karen Gren Scholer on 8/4/2020) (ctf) [Transferred from txnd on 9/2/2020.]
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| Filing 19 Appendix in Support filed by Katherine Bishop, Linda Cattles, Carol Gump, Melvin Haley, Chelsea Jackson, Michael Landers, Sharon Listul, Carol Loftus, Annie Newton, Dolores Wiedner re #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 18 Brief/Memorandum in Support filed by Katherine Bishop, Linda Cattles, Carol Gump, Melvin Haley, Chelsea Jackson, Michael Landers, Sharon Listul, Carol Loftus, Annie Newton, Dolores Wiedner re #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Katherine Bishop, Linda Cattles, Carol Gump, Melvin Haley, Chelsea Jackson, Michael Landers, Sharon Listul, Carol Loftus, Annie Newton, Dolores Wiedner (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 16 RESPONSE filed by Katherine Bishop, Linda Cattles, Carol Gump, Melvin Haley, Chelsea Jackson, Michael Landers, Sharon Listul, Carol Loftus, Annie Newton, Dolores Wiedner re: #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 15 NOTICE of Filing Completed Forms For Each Plaintiff filed by Katherine Bishop, Linda Cattles, Carol Gump, Melvin Haley, Chelsea Jackson, Michael Landers, Sharon Listul, Carol Loftus, Annie Newton, Dolores Wiedner (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
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Filing 14
ORDER: This civil action is transferred to the docket of Judge Karen Gren Scholer. All future pleadings shall be filed under Civil Action No. 3:20-CV-1556-S. (Ordered by Senior Judge Sidney A Fitzwater on 7/7/2020) (aaa) [Transferred from txnd on 9/2/2020.]
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Filing 13
ORDER granting Parties' #12 Agreed Motion for Leave to Extend the Time. It is ORDERED that the Plaintiffs have until 8/3/2020 to respond to Defendants' #2 and #7 Motions to Dismiss. It is further ORDERED that Defendants have until 9/3/2020 to file replies. (Ordered by Senior Judge Sidney A Fitzwater on 6/29/2020) (twd) [Transferred from txnd on 9/2/2020.]
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| Filing 12 MOTION for Extension of Time to File Response/Reply to #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #7 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by Katherine Bishop, Linda Cattles, Carol Gump, Melvin Haley, Chelsea Jackson, Michael Landers, Sharon Listul, Carol Loftus, Annie Newton, Dolores Wiedner (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 11 replaced with the document flattened on 6/18/2020) (pnp). [Transferred from txnd on 9/2/2020.] |
| Filing 10 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 9/2/2020.] |
| Filing 9 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from txnd on 9/2/2020.] |
| Filing 8 Brief/Memorandum in Support filed by McKesson Corporation re #7 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Junek, Jessica) [Transferred from txnd on 9/2/2020.] |
| Filing 7 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 9/2/2020.] |
| 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. (oyh) [Transferred from txnd on 9/2/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Junek, Jessica) [Transferred from txnd on 9/2/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Junek, Jessica) [Transferred from txnd on 9/2/2020.] |
| 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 9/2/2020.] |
| 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 9/2/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10911511) 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 Bard Peripheral, #12 Exhibit(s) D-6 Citation Issued C.R. Bard Inc., #13 Exhibit(s) D-7 Citation Issued McKesson, #14 Exhibit(s) D-8 Affidavit of Service McKinnson, #15 Exhibit(s) D-9 Return of Service - C. R. Bard, #16 Exhibit(s) D-10 Return of Service - Bard Peripheral) (Junek, Jessica) [Transferred from txnd on 9/2/2020.] |
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