BEST v. C R BARD INC et al
| PAULA BEST |
| MCKESSON CORPORATION, C R BARD INC, BARD PERIPHERAL VASCULAR INCORPORATED and DOES 1 THROUGH 100 INCLUSIVE |
| 5:2020cv00219 |
| August 20, 2020 |
| US District Court for the Northern District of Florida |
| Panama City Office |
| MICHAEL J FRANK |
| T KENT WETHERELL |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 18, 2020. A more recent docket listing may be available from PACER.
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Filing 31
ORDER STAYING CASE. ORDERED that the motion is GRANTED, and this case is stayed pending further Order. The parties shall file a status report 90 days from the date of this Order indicating whether this case should remain stayed or whether a scheduling order should be entered so the case can move forward. Signed by JUDGE T KENT WETHERELL II on 9/18/2020. (kjw) *Deadline for clerk to check status of stay by 12/17/2020.
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| Filing 30 Joint MOTION to Stay and Incorporated Memorandum of Law by BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INC. (GALLO, SABRINA) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #30 Joint MOTION to Stay and Incorporated Memorandum of Law. (sdw) |
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Filing 29
ORDER. The #27 motion to substitute is GRANTED, and Sabrina R. Gallo is substituted for Jordan E. Jarreau and Melissa Dorman Matthews as counsel for Defendants. Ms. Jarreau and Ms. Matthews have no further obligations in this case and the Clerk shall terminate them as counsel of record. The claims against Defendant McKesson Corporation are dismissed without prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) and the Clerk shall terminate the case against that defendant. Signed by JUDGE T KENT WETHERELL II on 09/14/2020. (sdw)
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| Filing 28 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) |
| Filing 27 MOTION to Substitute Attorney by BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INC, MCKESSON CORPORATION. (GALLO, SABRINA) |
| Filing 26 NOTICE of Appearance by SABRINA R GALLO on behalf of BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INC, MCKESSON CORPORATION (GALLO, SABRINA) |
| Filing 25 NOTICE REGARDING ADMISSION TO PRACTICE for Pla. (Attachments: #1 NOTICE REGARDING ELECTRONIC FILING REQUIREMENT for Pla, #2 NOTICE REGARDING ADMISSION TO PRACTICE for Def, #3 NOTICE REGARDING ELECTRONIC FILING REQUIREMENT for Def) (sdw) Modified on 8/20/2020 to note copies mailed via USPS to both Pla and Def counsel(sdw). |
| Filing 24 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02352. Original file certified copy of transfer order and docket sheet received. |
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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 Terry Alderman's case be severed and transferred to the Winston Salem Division of the Middle District of North Carolina (Civil case 3:20-cv-2351-S opened); b. Plaintiff Paula Best's case be severed and transferred to the Panama City Division of the Northern District of Florida (Civil case 3:20-cv-2352-S opened); c. Plaintiff Dennis Gordon's case be severed and transferred to the Boston Division of the District of Massachusetts (Civil case 3:20-cv-2353-S opened); d. Plaintiff Paul Hassell's case be severed and transferred to the St. Louis Division of the Eastern District of Missouri (Civil case 3:20-cv-2354-S opened); e. Plaintiff Jennie Hill's case be severed and transferred to the Durham Division of the Middle District of North Carolina (Civil case 3:20-cv-2355-S opened); f. Plaintiff Melinda Karper's case be severed and transferred to the Harrisburg Division of the Middle District of Pennsylvania (Civil case 3:20-cv-2356-S opened); g. Plaintiff Lorenzo McCaskill's case be severed and transferred to the Greenbelt Division of the District of Maryland (Civil case 3:20-cv-2357-S opened); h. Plaintiff James Shelvin's case be severed and transferred to the New York Division of the Southern District of New York (Civil case 3:20-cv-2358-S opened); i. Plaintiff Steven Templeton's case be severed and transferred to the Topeka Division of the District of Kansas (Civil case 3:20-cv-2361-S opened). Plaintiff Valerie Lopez 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 8/19/2020) (axm) [Transferred from Texas Northern on 8/20/2020.]
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| Filing 22 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 21 Appendix in Support filed by Terry Alderman, Paula Best, Dennis Gordon, Paul Hassell, Jennie Hill, Melinda Karper, Valerie Lopez, Lorenzo McCaskill, James Shevlin, Steven Templeton re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Terry Alderman, Paula Best, Dennis Gordon, Paul Hassell, Jennie Hill, Melinda Karper, Valerie Lopez, Lorenzo McCaskill, James Shevlin, Steven Templeton re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Terry Alderman, Paula Best, Dennis Gordon, Paul Hassell, Jennie Hill, Melinda Karper, Valerie Lopez, Lorenzo McCaskill, James Shevlin, Steven Templeton (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 18 RESPONSE filed by Terry Alderman, Paula Best, Dennis Gordon, Paul Hassell, Jennie Hill, Melinda Karper, Valerie Lopez, Lorenzo McCaskill, James Shevlin, Steven Templeton re: #3 MOTION to Dismiss for Lack of Jurisdiction , #8 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 17 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 Texas Northern on 8/20/2020.] |
| Filing 16 NOTICE of Filing Completed Forms For Each Plaintiff filed by Terry Alderman, Paula Best, Dennis Gordon, Paul Hassell, Jennie Hill, Melinda Karper, Valerie Lopez, Lorenzo McCaskill, James Shevlin, Steven Templeton (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern 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) (oyh) [Transferred from Texas Northern 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 Texas Northern on 8/20/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #3 MOTION to Dismiss for Lack of Jurisdiction , #8 MOTION to Dismiss for Lack of Jurisdiction filed by Terry Alderman, Paula Best, Dennis Gordon, Paul Hassell, Jennie Hill, Melinda Karper, Valerie Lopez, Lorenzo McCaskill, James Shevlin, Steven Templeton (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
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Filing 12
ORDER REASSIGNING CASE. The above-numbered case is hereby transferred to the docket of the Honorable Judge Karen Gren Scholer and shall henceforth carry the suffix letter "S." Judge Ada Brown no longer assigned to case. (Ordered by Judge Ada Brown on 6/24/2020) (ykp) [Transferred from Texas Northern on 8/20/2020.]
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| Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 8 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 7 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 6 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. (Jarreau, Jordan) Modified corporate parent on 6/11/2020 (mla). [Transferred from Texas Northern on 8/20/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 8/20/2020.] |
| 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 Texas Northern on 8/20/2020.] |
| Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from Texas Northern on 8/20/2020.] |
| 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10901357) 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 - 2020-06-04 State Court Docket, #8 Exhibit(s) D-2 - 2020-04-06 Plaintiffs' Original Petition, #9 Exhibit(s) D-3 - 2020-04-06 Civil Case Info. Sheet, #10 Exhibit(s) D-4 - 2020-04-06 Jury Demand, #11 Exhibit(s) D-5 - 2020-04-06 Citation Issued - Bard Peripheral Vascular, Inc., #12 Exhibit(s) D-6 - 2020-04-06 Citiation Issued - C. R. Bard, Inc., #13 Exhibit(s) D-7 - 2020-04-06 Citation Issued - McKesson, #14 Exhibit(s) D-8 - 2020-05-06 Return of Service - McKesson, #15 Exhibit(s) D-9 - 2020-05-22 Return of Service - C.R. Bard, #16 Exhibit(s) D-10 - 2020-06-04 Return of Service - Bard Peripheral) (Jarreau, Jordan) [Transferred from Texas Northern on 8/20/2020.] |
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