Cordovez v. C R Bard Inc et al
| Robert Cordovez |
| C R Bard Inc, Bard Peripheral Vascular Incorporated, McKesson Corporation and Does 1 through 100 inclusive |
| 0:2020cv61665 |
| August 19, 2020 |
| US District Court for the Southern District of Florida |
| Ft Lauderdale Office |
| Raag Singhal |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 15, 2020. A more recent docket listing may be available from PACER.
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Filing 44
ORDER granting #42 Motion to Temporarily Stay. Closing Case. Motions Terminated: #42 Joint MOTION to Stay AND INCORPORATED MEMORANDUM OF LAW filed by Bard Peripheral Vascular Incorporated, C R Bard Inc. Signed by Judge Raag Singhal on 9/15/2020. See attached document for full details. (yha)
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Filing 43
Order Dismissing Party McKesson Corporation re #41 Stipulation of Dismissal Signed by Judge Raag Singhal on 9/15/2020. See attached document for full details. (yha)
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| Filing 42 Joint MOTION to Stay AND INCORPORATED MEMORANDUM OF LAW by Bard Peripheral Vascular Incorporated, C R Bard Inc. Responses due by 9/28/2020 (Attachments: #1 Text of Proposed Order)(Ocariz, Rebecca) |
| Filing 41 STIPULATION of Dismissal of Claims Against Defendant Mckesson Corporation Without Prejudice by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Ocariz, Rebecca) |
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Filing 40
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Signed by Judge Raag Singhal on 9/3/2020. See attached document for full details. (cds)
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Filing 39
ORDER granting #37 Motion for Substitution of Counsel. Attorney Rebecca A. Ocariz and Sabrina R. Gallo added. Attorney Jordan E. Jarreau representing C R Bard Inc (Defendant) and Bard Peripheral Vascular Incorporated (Defendant) and McKesson Corporation (Defendant); ; Attorney Melissa Dorman Matthews representing C R Bard Inc (Defendant) and Bard Peripheral Vascular Incorporated (Defendant); and McKesson Corporation (Defendant); terminated Notice of Termination delivered by US Mail to Jordan Jarreau, Melissa Matthews. Signed by Judge Raag Singhal on 8/28/2020. See attached document for full details. (pes)
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| Filing 37 Defendant's STIPULATED MOTION for Substitution of Counsel. Substituting Rebecca A. Ocariz and Sabrina R. Gallo for Jordan E. Jarreau and Melissa Dorman Matthews by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. Attorney Rebecca Ocariz added to party McKesson Corporation(pty:dft). Responses due by 9/10/2020 (Attachments: #1 Text of Proposed Order)(Ocariz, Rebecca) |
| Filing 36 NOTICE of Attorney Appearance by Rebecca Ocariz on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc. Attorney Rebecca Ocariz added to party Bard Peripheral Vascular Incorporated(pty:dft), Attorney Rebecca Ocariz added to party C R Bard Inc(pty:dft). (Ocariz, Rebecca) |
| Filing 35 NOTICE of Attorney Appearance by Sabrina R. Gallo on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc. Attorney Sabrina R. Gallo added to party Bard Peripheral Vascular Incorporated(pty:dft), Attorney Sabrina R. Gallo added to party C R Bard Inc(pty:dft). (Gallo, Sabrina) |
| Filing 38 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 8/21/2020. (eca) |
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Filing 34
PAPERLESS ORDER re #33 Bar Letter to counsel. In that none of the attorneys of record are members of the Southern District of Florida Bar, counsel shall move for admission pro hac vice pursuant to Local Rule 4(b) of the Rules Governing the Admission, Practice, Peer Review, and Discipline of Attorneys no later than 8/28/2020. Signed by Judge Raag Singhal on 8/20/2020. (pb00)
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| Filing 33 Bar Letter re: Admissions sent to attorney Eric Martin Przybysz, Darren McDowell, Steven Scott Schulte, Melissa Dorman Matthews, Jordan E. Jarreau, mailing date 08/19/2020, (cco) |
| Filing 32 Clerks Notice of Judge Assignment to Judge Raag Singhal. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (bb) |
| Filing 31 Case transferred in from Texas Northern; Case Number 3:20-cv-02236. Electronic file including transfer order and docket sheet received. .(bb). |
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Filing 30
MEMORANDUM OPINION AND ORDER granting #27 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 Robert Cordovez's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (Civil Case: 3:20-cv-2236 opened); b. Plaintiff Marilena Cruz's case be severed and transferred to the Philadelphia Division of the Eastern District of Pennsylvania (Civil Case: 3:20-cv-2237 opened); c. Plaintiff Patti Duncan's case be severed and transferred to the United States District Court for the District of Delaware (Civil Case: 3:20-cv-2238 opened); d. Plaintiff Shelly Hopkins's case be severed and transferred to the Las Cruces Division of the District of New Mexico (Civil Case: 3:20-cv-2239 opened); e. Plaintiff Samantha Hunter's case be severed and transferred to the San Francisco Division of the Northern District of California (Civil Case: 3:20-cv-2240 opened); f. Plaintiff John Mcleod's case be severed and transferred to the Mobile Division of the Southern District of Alabama (Civil Case: 3:20-cv-2241 opened); g. Plaintiff Hamby Rose's case be severed and transferred to the Evansville Division of the Southern District of Indiana (Civil Case: 3:20-cv-2242 opened); h. Plaintiff Silvia Marquez's case be severed and transferred to the United States District Court for the District of Puerto Rico (Civil Case: 3:20-cv-2243 opened); i. Plaintiff Slade Otis's case be severed and transferred to the Greenbelt Division of the District of Maryland (Civil Case: 3:20-cv-2244 opened). Plaintiff Patsy Childress 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 8/17/2020) (mjr)
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| Filing 29 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #23 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #27 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) |
| Filing 28 Brief/Memorandum in Support filed by Patsy Childress, Robert Cordovez, Marilena Cruz, Patti Duncan, Shelly Hopkins, Samantha Hunter, Silvia Marquez, John McLeod, Hamby Rose, Otis Slade re #27 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) |
| Filing 27 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Patsy Childress, Robert Cordovez, Marilena Cruz, Patti Duncan, Shelly Hopkins, Samantha Hunter, Silvia Marquez, John McLeod, Hamby Rose, Otis Slade (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
| Filing 26 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation re: #23 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) |
| Filing 25 Appendix in Support filed by Patsy Childress, Robert Cordovez, Marilena Cruz, Patti Duncan, Shelly Hopkins, Samantha Hunter, Silvia Marquez, John McLeod, Hamby Rose, Otis Slade re #23 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) |
| Filing 24 Brief/Memorandum in Support filed by Patsy Childress, Robert Cordovez, Marilena Cruz, Patti Duncan, Shelly Hopkins, Samantha Hunter, Silvia Marquez, John McLeod, Hamby Rose, Otis Slade re #23 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) |
| Filing 23 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Patsy Childress, Robert Cordovez, Marilena Cruz, Patti Duncan, Shelly Hopkins, Samantha Hunter, Silvia Marquez, John McLeod, Hamby Rose, Otis Slade (Schulte, Steven) |
| Filing 22 RESPONSE filed by Patsy Childress, Robert Cordovez, Marilena Cruz, Patti Duncan, Shelly Hopkins, Samantha Hunter, Silvia Marquez, John McLeod, Hamby Rose, Otis Slade re: #3 MOTION to Dismiss for Lack of Jurisdiction , #13 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) |
| Filing 21 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) |
| Filing 20 NOTICE of Filing Completed Forms For Each Plaintiff filed by Patsy Childress, Robert Cordovez, Marilena Cruz, Patti Duncan, Shelly Hopkins, Samantha Hunter, Silvia Marquez, John McLeod, Hamby Rose, Otis Slade (Attachments: #1 Exhibit(s)) (Schulte, Steven) |
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Filing 19
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)
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Filing 18
ELECTRONIC ORDER: The Court grants the parties' Agreed Motion for Extension of Time. (Ordered by Judge Karen Gren Scholer on 7/1/2020) (ctf)
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| Filing 17 MOTION for Extension of Time to File Response/Reply to #3 MOTION to Dismiss for Lack of Jurisdiction , #13 MOTION to Dismiss for Lack of Jurisdiction filed by Patsy Childress, Robert Cordovez, Marilena Cruz, Patti Duncan, Shelly Hopkins, Samantha Hunter, Silvia Marquez, John McLeod, Hamby Rose, Otis Slade (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
| Filing 16 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) |
| Filing 15 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) |
| Filing 14 Brief/Memorandum in Support filed by McKesson Corporation re #13 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) |
| Filing 13 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) |
| Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) |
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Filing 11
ORDER REASSIGNING CASE. This case is TRANSFERRED to the docket of the Honorable Karen Gren Scholer. All future pleadings shall subsequently be filed under Civil Action No. 3:20-cv-01473-S. Chief Judge Barbara M. G. Lynn no longer assigned to case. (Ordered by Chief Judge Barbara M. G. Lynn on 6/10/2020) (twd)
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| Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) (Main Document 10 replaced with flattened document on 6/11/2020) (awc). |
| Filing 9 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) (Main Document 9 replaced with flattened document on 6/11/2020) (awc). |
| Filing 8 CERTIFICATE OF INTERESTED PERSONS by C R Bard Inc. (Jarreau, Jordan) Modified text on 6/10/2020 (dsr). |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS by Bard Peripheral Vascular Inc. (Jarreau, Jordan) Modified text on 6/10/2020 (dsr). |
| Filing 6 ***DISREGARD PER ATTORNEY/INCORRECT DOCUMENT FILED***CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) Modified on 6/10/2020 (ykp). |
| Filing 5 ***DISREGARD PER ATTORNEY/INCORRECT DOCUMENT FILED***CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) Modified on 6/10/2020 (ykp). |
| 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) |
| Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) |
| 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) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10896665) 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-1 Index of State Docs, #7 Exhibit(s) D-2 Childress - State Court Docket Sheet, #8 Exhibit(s) D-3, 2020-04-06 - Plaintiffs' Original Petition, #9 Exhibit(s) D-4. 2020-04-06 - Civil Case Information Sheet, #10 Exhibit(s) D-5 2020-04-06 - Jury Demand, #11 Exhibit(s) D-6. 2020-04-07 - Citation Issued to Bard Peripheral Vascular, Inc., #12 Exhibit(s) D-7. 2020-04-07 - Citation Issued to C. R. Bard, #13 Exhibit(s) D-8 2020-04-07 - Citation Issued to McKesson, #14 Exhibit(s) D-9. 2020-04-09 - Notice of Initial Dismissal Hearing, #15 Exhibit(s) D-10. 2020-05-06 - Executed Affidavit of Service to McKesson- 05-01-2020, #16 Exhibit(s) D-11 2020-05-22 - Executed Return of Service to C. R. Bard - 05-20-2020, #17 Exhibit(s) D-12. 06-04-2020 - Executed Return of Service - Bard Peripheral Vascular, Inc., #18 Exhibit(s) D-13. 06-04-2020 Notice of Initial Dismissal Hearing (08-06-2020) (Jarreau, Jordan) |
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