Osborn v. C R Bard Inc et al
| Jeffrey Osborn |
| McKesson Corporation, C R Bard Inc, Bard Peripheral Vascular Incorporated and Does 1 through 100, Inclusive |
| 8:2020cv02077 |
| September 3, 2020 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Thomas G Wilson |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
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Filing 39
ENDORSED ORDER denying the joint motion for temporary stay. (Doc. #38). However, based on the representation that the parties have reached a settlement in principle, this cause is hereby dismissed, without prejudice and subject to the right of the parties, within 90 days of the date hereof, to submit a stipulated form of final order or judgment, or request an extension of time, should they so choose or for any party to move to reopen the action, upon good cause being shown. After that 90 day period, however, without further order, this dismissal shall be deemed with prejudice. Furthermore, the Court advises the parties that "good cause" exists to reopen an action when a settlement agreement has yet to be finalized because of various delays. But incomplete performance of an executed settlement agreement, such as the failure to disburse settlement funds, does not constitute good cause to reopen an action. This Court does not retain jurisdiction to ensure performance of a settlement agreement because such failure to perform should be addressed in a separate breach of contract action. The Clerk is directed to terminate any previously scheduled deadlines and thereafter close this case. Signed by Judge Virginia M. Hernandez Covington on 9/9/2020. (LEA)
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| Filing 38 Joint MOTION to Stay and Incorporated Memorandum of Law by Bard Peripheral Vascular Incorporated, C R Bard Inc. (Yagoda, Jay) |
| Filing 37 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. and Bard Peripheral Vascular, Inc. by Bard Peripheral Vascular Incorporated, C R Bard Inc. (Yagoda, Jay) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 36 NOTICE of Appearance by Jay Andrew Yagoda on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc (Yagoda, Jay) |
| Filing 35 NOTICE of Appearance by Sabrina R. Gallo on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc (Gallo, Sabrina) |
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Filing 34
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by September 18, 2020, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 9/4/2020. (LEA)
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Filing 33
ENDORSED ORDER: Plaintiff and Defendants are directed to file a joint notice by September 11, 2020, informing the Court whether they agree that the pending motion to dismiss (Doc. #3 ) is now moot in light of the transfer of the case to this Court. Signed by Judge Virginia M. Hernandez Covington on 9/4/2020. (LEA)
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Filing 32
ENDORSED ORDER: Based on Plaintiff's representation that he does "not oppose the motion to dismiss McKesson Corporation without prejudice, based upon the documentary evidence Bard has filed" (Doc. #20 at 2), the Court grants Defendant McKesson Corporation's motion to dismiss (Doc. #9 ) as unopposed. The claims against McKesson Corporation are dismissed without prejudice. The Clerk is directed to terminate McKesson Corporation as a party to this action. Signed by Judge Virginia M. Hernandez Covington on 9/4/2020. (LEA)
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| Filing 31 Case Reassigned to Judge Virginia M. Hernandez Covington. New case number: 8:20-cv-2077-T-33TGW. Judge James S. Moody, Jr. no longer assigned to the case pursuant to his Standing Order entered in case 8:14-mc-51-T-30. (AG) Modified on 9/3/2020 (AG). |
| Filing 30 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; 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 29 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 28 TRANSFER IN from the Northern District of Texas. Case assigned to District Judge James S. Moody Jr. and Magistrate Judge Thomas G. Wilson. New Case Number: 8:20-cv-2077-T-30TGW. (AG) |
| Filing 27 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02687. File received electronically |
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Filing 26
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 Rudy Adkinss case be severed and transferred to the Toledo Division of the Northern District of Ohio (Civil case 3:20-cv-2683-S opened); b. Plaintiff Reginald Crosbys case be severed and transferred to the Eastern Division of the Northern District of Illinois (Civil case 3:20-cv-2684-S opened); c. Plaintiff Darcy Duncans case be severed and transferred to the Syracuse Division of the Northern District of New York (Civil case 3:20-cv-2685-S opened); d. Plaintiff Marie Joness case be severed and transferred to the Northern Division of the Middle District of Alabama (Civil case 3:20-cv-2686-S opened);e. Plaintiff Jeffrey Osborns case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil case 3:20-cv-2687-S opened);f. Plaintiff Stephen Pietericks case be severed and transferred to the San Antonio Division of the Western District of Texas (Civil case 3:20-cv-2688-S opened);g. Plaintiff Norma Renterias case be severed and transferred to the Las Cruces Division of the District of New Mexico (Civil case 3:20-cv-2689-S opened);h. Plaintiff Steve Robersons case be severed and transferred to the Charlotte Division of the Western District of North Carolina (Civil case 3:20-cv-2690-S opened);i. Plaintiff Katherine Sepelaks case be severed and transferred to the New Haven Division of the District of Connecticut (Civil case 3:20-cv-2691-S opened). Plaintiff Elzie Newsom 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 9/3/2020.]
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| Filing 25 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #24 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 9/3/2020.] |
| Filing 24 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Reginald Crosby (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
| Filing 23 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 9/3/2020.] |
| Filing 22 Appendix in Support filed by Ruby Adkins, Reginald Crosby, Darcy Duncan, Marie Jones, Elzie Newsom, Jeffrey Osborn, Stephen Pieterick, Norma Renteria, Steve Roberson, Katherine Sepelak re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
| Filing 21 Brief/Memorandum in Support filed by Ruby Adkins, Reginald Crosby, Darcy Duncan, Marie Jones, Elzie Newsom, Jeffrey Osborn, Stephen Pieterick, Norma Renteria, Steve Roberson, Katherine Sepelak re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
| Filing 20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Ruby Adkins, Reginald Crosby, Darcy Duncan, Marie Jones, Elzie Newsom, Jeffrey Osborn, Stephen Pieterick, Norma Renteria, Steve Roberson, Katherine Sepelak (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
| Filing 19 RESPONSE filed by Ruby Adkins, Reginald Crosby, Darcy Duncan, Marie Jones, Elzie Newsom, Jeffrey Osborn, Stephen Pieterick, Norma Renteria, Steve Roberson, Katherine Sepelak re: #3 MOTION to Dismiss for Lack of Jurisdiction , #9 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
| Filing 18 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Ruby Adkins, Reginald Crosby, Darcy Duncan, Marie Jones, Elzie Newsom, Jeffrey Osborn, Stephen Pieterick, Norma Renteria, Steve Roberson, Katherine Sepelak (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) [Transferred from txnd on 9/3/2020.] |
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Filing 16
***DISREGARD, WRONG ORDER***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). [Transferred from txnd on 9/3/2020.]
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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 July 22, 2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (ndt) [Transferred from txnd on 9/3/2020.]
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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 9/3/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #3 MOTION to Dismiss for Lack of Jurisdiction , #9 MOTION to Dismiss for Lack of Jurisdiction filed by Ruby Adkins, Reginald Crosby, Darcy Duncan, Marie Jones, Elzie Newsom, Jeffrey Osborn, Stephen Pieterick, Norma Renteria, Steve Roberson, Katherine Sepelak (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from txnd on 9/3/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from txnd on 9/3/2020.] |
| 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 9/3/2020.] |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from txnd on 9/3/2020.] |
| 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 9/3/2020.] |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from txnd on 9/3/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from txnd on 9/3/2020.] |
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Filing 5
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 6/10/2020) (svc) [Transferred from txnd on 9/3/2020.]
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| Filing 4 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, C R Bard Inc re #3 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from txnd on 9/3/2020.] |
| Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from txnd on 9/3/2020.] |
| Filing 2 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from txnd on 9/3/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10900478) 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 2020-04-07 Original Petition, #8 Exhibit(s) D-2 2020-04-07 Civil Case Info. Sheet, #9 Exhibit(s) D-3 2020-04-07 Jury Demand, #10 Exhibit(s) D-4 2020-04-07 Citation Issued - Bard Peripheral, #11 Exhibit(s) D-5 2020-04-07 Citation Issued - C.R. Bard, #12 Exhibit(s) D-6 2020-04-07 Citation Issued - McKesson, #13 Exhibit(s) D-7 2020-06-04 State Court Docket, #14 Exhibit(s) D-8 2020-05-06 Return of Service - McKesson Corp, #15 Exhibit(s) D-9 2020-05-22 Return of Service - C.R. Bard) (Jarreau, Jordan) [Transferred from txnd on 9/3/2020.] |
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