Christian v. C R Bard Inc et al
| Melanie Christian |
| C R Bard Inc, Bard Peripheral Vascular Incorporated, McKesson Corporation and Does 1-100 inclusive |
| 2:2020cv14292 |
| August 21, 2020 |
| US District Court for the Southern District of Florida |
| Ft Pierce Office |
| Shaniek M Maynard |
| K Michael Moore |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on August 28, 2020. A more recent docket listing may be available from PACER.
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| Filing 35 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. #32 . 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 8/28/2020. (tsr) |
Filing 34
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Stipulation for Dismissal of Claims Against Defendant McKesson Corporation without Prejudice. #31 . 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 8/28/2020. (tsr)
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Filing 33
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Stipulation for Dismissal of Claims Against Defendant McKesson Corporation without Prejudice. #31 . 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 8/28/2020. (tsr)
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| Filing 32 Joint MOTION to Stay by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. Responses due by 9/10/2020 (Attachments: #1 Text of Proposed Order)(Ocariz, Rebecca) |
| Filing 31 STIPULATION of Dismissal OF CLAIMS AGAINST DEFENDANT MCKESSON CORPORATION WITHOUT PREJUDICE by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Ocariz, Rebecca) |
| Filing 30 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 Bard Peripheral Vascular Incorporated(pty:dft), Attorney Rebecca Ocariz added to party C R Bard Inc(pty:dft), Attorney Rebecca Ocariz added to party McKesson Corporation(pty:dft). Responses due by 9/10/2020 (Attachments: #1 Text of Proposed Order)(Ocariz, Rebecca) |
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Filing 29
PAPERLESS ORDER REQUIRING STATUS REPORT. On August 21, 2020, this case was transferred from the Northern District of Texas to this District. #26 . Plaintiff was one of several plaintiffs in the Northern District of Texas case, Moore v. C.R. Bard Inc., No. 3:20-CV-1518-S. #25 . The Northern District of Texas court severed Plaintiff's 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 31, 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 8/24/2020. (tsr)
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| Filing 28 Bar Letter re: Admissions sent to attorney Eric Martin Przybysz, Darren McDowell, Steven Scott Schulte, Melissa Dorman Matthews, Jordan E. Jarreau, mailing date 08/21/2020, (cco) |
| Filing 27 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore and Magistrate Judge Shaniek M. Maynard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard 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 26 Case transferred in from Texas Northern; Case Number 3:20-cv-02406. Electronic file including transfer order and docket sheet received. .(bb). |
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Filing 25
MEMORANDUM OPINION AND ORDER grants #19 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 Edward Bedrosian's case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil case 3:20-cv-2404 opened); b. Plaintiff Vicki Carmichiel's case be severed and transferred to the Memphis Division of the Western District of Tennessee (Civil case 3:20-cv-2405 opened); c. Plaintiff Melanie Christian's case be severed and transferred to the Fort Pierce Division of the Southern District of Florida (Civil case 3:20-cv-2406 opened); d. Plaintiff Donna McCloskey's case be severed and transferred to the Pittsburgh Division of the Western District of Pennsylvania (Civil case 3:20-cv-2409 opened); e. Plaintiff Al Payne's case be severed and transferred to the Brooklyn Division of the Eastern District of New York (Civil case 3:20-cv-2410 opened); f. Plaintiff Larry Stewart's case be severed and transferred to the Chattanooga Division of the Eastern District of Tennessee (Civil case 3:20-cv-2411 opened); and g. Plaintiff Leonard Wilder's case be severed and transferred to the Cedar Rapids Division of the Northern District of Iowa (Civil case 3:20-cv-2412 opened). Plaintiff Marcelyn Moore 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 8/20/2020) (jmg)
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Filing 24
ORDER: Pursuant to the parties' agreement, the Court DISMISSES WITHOUT PREJUDICE Plaintiff James Gleason's claims against Defendants. The parties shall bear their own costs. Party James Gleason terminated. (Ordered by Judge Karen Gren Scholer on 8/19/2020) (axm)
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Filing 23
ORDER: Pursuant to the parties' agreement, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Elroy Benally's claims against Defendants. The parties shall bear their own costs. Party Elroy Benally terminated. (Ordered by Judge Karen Gren Scholer on 8/19/2020) (axm)
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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) |
| Filing 21 Appendix in Support filed by Edward Bedrosian, Elroy Benally, Vicki Carmichiel, Melanie Christian, James Gleason, Donna McCloskey, Marcelyn Moore, Al Payne, Larry Stewart, Leonard Wilder re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) |
| Filing 20 Brief/Memorandum in Support filed by Edward Bedrosian, Elroy Benally, Vicki Carmichiel, Melanie Christian, James Gleason, Donna McCloskey, Marcelyn Moore, Al Payne, Larry Stewart, Leonard Wilder re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) |
| Filing 19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Edward Bedrosian, Elroy Benally, Vicki Carmichiel, Melanie Christian, James Gleason, Donna McCloskey, Marcelyn Moore, Al Payne, Larry Stewart, Leonard Wilder (Schulte, Steven) |
| Filing 18 RESPONSE filed by Edward Bedrosian, Elroy Benally, Vicki Carmichiel, Melanie Christian, James Gleason, Donna McCloskey, Marcelyn Moore, Al Payne, Larry Stewart, Leonard Wilder re: #2 MOTION to Dismiss for Lack of Jurisdiction , #9 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Edward Bedrosian, Elroy Benally, Vicki Carmichiel, Melanie Christian, James Gleason, Donna McCloskey, Marcelyn Moore, Al Payne, Larry Stewart, Leonard Wilder (Attachments: #1 Exhibit(s)) (Schulte, Steven) |
| Filing 16 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) |
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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)
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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)
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #2 MOTION to Dismiss for Lack of Jurisdiction , #9 MOTION to Dismiss for Lack of Jurisdiction filed by Edward Bedrosian, Elroy Benally, Vicki Carmichiel, Melanie Christian, James Gleason, Donna McCloskey, Marcelyn Moore, Al Payne, Larry Stewart, Leonard Wilder (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) |
| Filing 10 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) |
| Filing 8 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 7
ORDER: Case reassigned to Judge Karen Gren Scholer for all further proceedings. Chief Judge Barbara M. G. Lynn no longer assigned to case. (Ordered by Chief Judge Barbara M. G. Lynn on 6/12/2020) (ndt)
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| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) |
| 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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (oyh) |
| Filing 3 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, C R Bard Inc re #2 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10904532) 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 - State Court Docket Sheet, #8 Exhibit(s) D-2 - 2020-04-07 Plaintiffs' Original Petition, #9 Exhibit(s) D-3 - 2020-04-07 Civil Case Info. Sheet, #10 Exhibit(s) D-4 - 2020-04-07 Jury Demand, #11 Exhibit(s) D-5 - 2020-04-07 Citation Issued - Bard Peripheral, #12 Exhibit(s) D-6 - 2020-04-07 Citation Issued - C.R. Bard, #13 Exhibit(s) D-7 - 2020-04-07 Citation Issued - McKesson, #14 Exhibit(s) D-8 - 2020-05-06 Affidavit 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) |
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