Cherasard v. CR Bard Inc et al
Plaintiff: Bridgette Cherasard
Defendant: CR Bard Inc, Does 1 through 100 inclusive, Bard Peripheral Vascular Incorporated and McKesson Corporation
Case Number: 1:2020cv23436
Filed: August 18, 2020
Court: US District Court for the Southern District of Florida
Office: Miami Office
Presiding Judge: K Michael Moore
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 26, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 26, 2020 Filing 43 PAPERLESS NOTICE OF COURT PRACTICE UPON NOTICE OF SETTLEMENT. THIS CAUSE came before the Court upon the Parties' Joint Motion for Temporary Stay and Incorporated Memorandum of Law. #40 . Therein, the Parties indicate that they have entered into a settlement in principle. Id. The Parties are hereby directed to file a stipulation of dismissal of all claims signed by all parties pursuant to Rule 41(a), Fed. R. Civ. P., within ninety (90) days from the date of this Notice. If such papers are not filed within the time specified, this matter will be DISMISSED and the Court will be divested of jurisdiction to enforce the settlement agreement. The Clerk of the Court is instructed to administratively CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 8/26/2020. (tsr)
August 26, 2020 Opinion or Order Filing 42 PAPERLESS ORDER SUBSTITUTING COUNSEL. THIS CAUSE came before the Court upon Defendants' Unopposed Motion for Substitution of Counsel. #38 . Therein, Defendants request that Sabrina R. Gallo and Jay A. Yagoda of the law firm Greenberg Traurig, P.A., 333 SE 2nd Avenue, Suite 4400, Miami, Florida 33131 ("Greenberg Attorneys") be substituted as the attorneys of record for Defendants' former counsel, Jordan E. Jarreau and Melissa Dorman Matthews of the law firm Hartline Barger LLP ("Hartline Attorneys"). Id. Accordingly, UPON CONSIDERATION of the Motion #38 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendants' Unopposed Motion for Substitution of Counsel #38 is GRANTED. The Hartline Attorneys shall be relieved of all further responsibilities related to Defendants in these proceedings. The Clerk of Court is INSTRUCTED to REMOVE Jordan E. Jarreau and Melissa Dorman Matthews as counsel for Defendants and ADD Sabrino R. Gallo and Jay A. Yagoda as counsel for Defendants. Signed by Chief Judge K. Michael Moore on 8/26/2020. (tsr)
August 26, 2020 Opinion or Order Filing 41 PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Stipulation for Dismissal without Prejudice as to Defendant McKesson Corporation. #39 . Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure allows a plaintiff to voluntarily dismiss a claim "by filing a stipulation of dismissal signed by all parties who have appeared." Fed. R. Civ. P. 41(a)(1). Accordingly, UPON CONSIDERATION of the Stipulation, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-styled cause is hereby DISMISSED WITHOUT PREJUDICE as to Defendant McKesson Corporation. The Clerk of the Court is instructed to TERMINATE Defendant McKesson Corporation as a party to this case. Signed by Chief Judge K. Michael Moore on 8/26/2020. (tsr)
August 25, 2020 Filing 40 Joint MOTION to Stay and Incorporated Memorandum of Law by Bard Peripheral Vascular Incorporated, CR Bard Inc. Responses due by 9/8/2020 (Attachments: #1 Text of Proposed Order Exhibit A)(Yagoda, Jay)
August 25, 2020 Filing 39 Joint STIPULATION of Dismissal without Prejudice as to Defendant McKesson Corporation by McKesson Corporation (Yagoda, Jay) Modified Text on 8/25/2020 (ls).
August 25, 2020 Filing 38 Unopposed STIPULATED MOTION for Substitution of Counsel. Substituting Sabrina R. Gallo and Jay A. Yagoda for Jordan E. Jarreau and Melissa Dorman Matthews by Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation. Responses due by 9/8/2020 (Yagoda, Jay)
August 25, 2020 Filing 37 NOTICE of Attorney Appearance by Jay Andrew Yagoda on behalf of McKesson Corporation. Attorney Jay Andrew Yagoda added to party McKesson Corporation(pty:dft). (Yagoda, Jay)
August 25, 2020 Filing 36 NOTICE of Attorney Appearance by Sabrina R. Gallo on behalf of McKesson Corporation. Attorney Sabrina R. Gallo added to party McKesson Corporation(pty:dft). (Gallo, Sabrina)
August 24, 2020 Filing 35 NOTICE of Attorney Appearance by Jay Andrew Yagoda on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc. Attorney Jay Andrew Yagoda added to party Bard Peripheral Vascular Incorporated(pty:dft), Attorney Jay Andrew Yagoda added to party CR Bard Inc(pty:dft). (Yagoda, Jay)
August 24, 2020 Filing 34 NOTICE of Attorney Appearance by Sabrina R. Gallo on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc. Attorney Sabrina R. Gallo added to party Bard Peripheral Vascular Incorporated(pty:dft), Attorney Sabrina R. Gallo added to party CR Bard Inc(pty:dft). (Gallo, Sabrina)
August 19, 2020 Opinion or Order Filing 33 PAPERLESS ORDER REQUIRING STATUS REPORT. On August 18, 2020, this case was transferred from the Northern District of Texas to this District. #30 . Plaintiff was one of several plaintiffs in the Northern District of Texas case, Delgado v. C.R. Bard Inc., No. 3:20-CV-1474-S. #29 . The Northern District of Texas court severed Plaintiffs claims from that case and transferred the severed case to this District. Id. The Northern District of Texas Memorandum Opinion and Order does not speak to the status of discovery efforts among Plaintiff and Defendants. See generally id. Accordingly, it is hereby ORDERED AND ADJUDGED that the Parties shall file a Joint Status Report on or before August 26, 2020 setting forth proposed further proceedings for the Court to take in this case, including whether and to what extent discovery has been completed and whether additional discovery is necessary. Signed by Chief Judge K. Michael Moore on 8/19/2020. (tsr)
August 19, 2020 Filing 32 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)
August 18, 2020 Filing 31 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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)
August 18, 2020 Filing 30 Case transferred in from Texas Northern; Case Number 3:20-cv-02201. Electronic file including transfer order and docket sheet received. .(bb).
August 17, 2020 Opinion or Order Filing 29 MEMORANDUM OPINION AND ORDER granting #24 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 John Boch's case be severed and transferred to the Flint Division of the Eastern District of Michigan (Civil case 3:20-cv-2200 opened); b. Plaintiff Bridgette Cherasard's case be severed and transferred to the Miami Division of the Southern District of Florida (Civil case 3:20-cv-2201 opened); c. Plaintiff Sherry Flowers's case be severed and transferred to the Eastern Division of the Northern District of Illinois (Civil case 3:20-cv-2202 opened); d. Plaintiff Kevin Haney's case be severed and transferred to the Spartanburg Division of the District of South Carolina (Civil case 3:20-cv-2203 opened); e. Plaintiff Dolores Hathaway's case be severed and transferred to the Benton Division of the Southern District of Illinois (Civil case 3:20-cv-2204 opened); f. Plaintiff Michelle Johnson's case be severed and transferred to the Alexandria Division of the Eastern District of Virginia (Civil case 3:20-cv-2205 opened); g. Plaintiff Trevor Sand's case be severed and transferred to the Green Bay Division of the Eastern District of Wisconsin (Civil case 3:20-cv-2206 opened); h. Plaintiff Edward Szymaszek's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (Civil case 3:20-cv-2207 opened); i. Plaintiff Fernando Lopez's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2208 opened). Plaintiff Marcus Delgado 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 8/17/2020) (jmg)
August 14, 2020 Filing 28 RESPONSE filed by Bard Peripheral Vascular Incorporated, CR Bard Inc re: #24 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa)
July 31, 2020 Filing 27 RESPONSE filed by Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation re: #24 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa)
July 29, 2020 Filing 26 Appendix in Support filed by John Boch, Bridgette Cherasard, Marcus Delgado, Sherry Flowers, Kevin Haney, Dolores Hathaway, Michelle Johnson, Fernando Lopez, Trevor Sand, Edward Szymaszek re #24 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven)
July 29, 2020 Filing 25 Brief/Memorandum in Support filed by John Boch, Bridgette Cherasard, Marcus Delgado, Sherry Flowers, Kevin Haney, Dolores Hathaway, Michelle Johnson, Fernando Lopez, Trevor Sand, Edward Szymaszek re #24 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven)
July 29, 2020 Filing 24 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by John Boch, Bridgette Cherasard, Marcus Delgado, Sherry Flowers, Kevin Haney, Dolores Hathaway, Michelle Johnson, Fernando Lopez, Trevor Sand, Edward Szymaszek (Schulte, Steven)
July 29, 2020 Filing 23 RESPONSE filed by John Boch, Bridgette Cherasard, Marcus Delgado, Sherry Flowers, Kevin Haney, Dolores Hathaway, Michelle Johnson, Fernando Lopez, Trevor Sand, Edward Szymaszek re: #2 MOTION to Dismiss for Lack of Jurisdiction , #11 Amended MOTION to Dismiss for Lack of Jurisdiction , #14 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven)
July 22, 2020 Filing 22 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa)
July 22, 2020 Filing 21 NOTICE of Filing Completed Forms For Each Plaintiff filed by John Boch, Bridgette Cherasard, Marcus Delgado, Sherry Flowers, Kevin Haney, Dolores Hathaway, Michelle Johnson, Fernando Lopez, Trevor Sand, Edward Szymaszek (Attachments: #1 Exhibit(s)) (Schulte, Steven)
July 16, 2020 Opinion or Order 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 July 22, 2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (ndt)
July 1, 2020 Opinion or Order Filing 19 ELECTRONIC ORDER: The Court grants the parties' Agreed Motion for Extension of Time. (Ordered by Judge Karen Gren Scholer on 7/1/2020) (ctf)
June 29, 2020 Filing 18 MOTION for Extension of Time to File Response/Reply to #2 MOTION to Dismiss for Lack of Jurisdiction , #14 MOTION to Dismiss for Lack of Jurisdiction filed by John Boch, Bridgette Cherasard, Marcus Delgado, Sherry Flowers, Kevin Haney, Dolores Hathaway, Michelle Johnson, Fernando Lopez, Trevor Sand, Edward Szymaszek (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven)
June 15, 2020 Filing 17 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan)
June 15, 2020 Filing 16 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan)
June 15, 2020 Filing 15 Brief/Memorandum in Support filed by McKesson Corporation re #14 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan)
June 15, 2020 Filing 14 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan)
June 15, 2020 Filing 13 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, CR Bard Inc (Jarreau, Jordan)
June 11, 2020 Filing 12 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, CR Bard Inc re #11 Amended MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan)
June 11, 2020 Filing 11 Amended MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, CR Bard Inc (Jarreau, Jordan)
June 10, 2020 Filing 10 AMENDED CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CR Bard Inc. (Jarreau, Jordan) Modified title on 6/11/2020 (awc).
June 10, 2020 Filing 9 AMENDED CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) Modified title on 6/11/2020 (awc).
June 10, 2020 Filing 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan)
June 9, 2020 Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CR Bard Inc. (Jarreau, Jordan)
June 9, 2020 Filing 6 ***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).
June 9, 2020 Opinion or Order Filing 5 ELECTRONIC ORDER: Civil action number 3:20-CV-1474-G is hereby transferred to the docket of the Honorable Karen Gren Scholer and shall henceforth carry the suffix letter "S". (Ordered by Senior Judge A. Joe Fish on 6/9/2020) (ctf)
June 8, 2020 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (oyh)
June 8, 2020 Filing 3 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, CR Bard Inc re #2 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan)
June 8, 2020 Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, CR Bard Inc (Jarreau, Jordan)
June 8, 2020 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10896822) 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 Delgado - State Court Docket Sheet, #8 Exhibit(s) D-3 2020-04-07 - Plaintiffs' Original Petition, #9 Exhibit(s) D-4. 2020-04-07 - Civil Case Information Sheet, #10 Exhibit(s) D-5 2020-04-08 - Jury Demand, #11 Exhibit(s) D-6 2020-04-09 - Citation Issued to Bard Peripheral Vascular, Inc., #12 Exhibit(s) D-7. 2020-04-09 - Citation Issued to C. R. Bard, Inc., #13 Exhibit(s) D-8 2020-04-09 - Citation Issued to McKesson Corp, #14 Exhibit(s) D-9 2020-05-06 - Executed Affidavit of Service to McKesson - 05-01-2020, #15 Exhibit(s) D-10 2020-05-22 - Executed Return of Service to C. R. Bard - 05-20-2020, #16 Exhibit(s) D-11 2020-06-04 - Executed Return of Service to Bard Peripheral Vascular, Inc. (05-20-2020)) (Jarreau, Jordan)

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Search for this case: Cherasard v. CR Bard Inc et al
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Defendant: CR Bard Inc
Represented By: Melissa Dorman Matthews
Represented By: Jordan E. Jarreau
Represented By: Sabrina R. Gallo
Represented By: Jay Andrew Yagoda
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Defendant: Does 1 through 100 inclusive
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Defendant: Bard Peripheral Vascular Incorporated
Represented By: Melissa Dorman Matthews
Represented By: Jordan E. Jarreau
Represented By: Sabrina R. Gallo
Represented By: Jay Andrew Yagoda
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Defendant: McKesson Corporation
Represented By: Melissa Dorman Matthews
Represented By: Jordan E. Jarreau
Represented By: Sabrina R. Gallo
Represented By: Jay Andrew Yagoda
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Plaintiff: Bridgette Cherasard
Represented By: Steven Scott Schulte
Represented By: Eric Martin Przybysz
Represented By: Darren McDowell
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