PHILLIPS v. CR BARD INC et al
| STEPHANIE PHILLIPS |
| DOES 1 through 100 inclusive, CR BARD INC, BARD PERIPHERAL VASCULAR INC and MCKESSON CORPORATION |
| 4:2020cv00195 |
| August 19, 2020 |
| US District Court for the Middle District of Georgia |
| Columbus Office |
| CLAY D LAND |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 1, 2020. A more recent docket listing may be available from PACER.
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| Filing 53 This is a text only entry; no document issued. ORDER granting #52 Motion to Stay. The pending deadlines in this action are stayed until December 29, 2020. Ordered by US DISTRICT JUDGE CLAY D LAND on 10/01/2020 (CCL) |
| Filing 52 JOINT MOTION to Stay Discovery and All Pretrial Deadlines by BARD PERIPHERAL VASCULAR INC, CR BARD INC filed by LUCAS ALLEN WESTBY. (Attachments: #1 Proposed Order)(WESTBY, LUCAS) |
| Filing 51 STIPULATION of Dismissal by MCKESSON CORPORATION, BARD PERIPHERAL VASCULAR INC, CR BARD INC as to MCKESSON CORPORATION (WESTBY, LUCAS) |
| Filing 50 This is a text only entry; no document issued. ORDER granting #47 , #48 , #49 Motions to Withdraw as Attorney. Attorneys MELISSA DORMAN MATTHEWS; JORDAN E JARREAU and JESSICA JUNEK terminated. Ordered by US DISTRICT JUDGE CLAY D LAND on 09/23/2020 (CCL) |
| Filing 49 MOTION to Withdraw as Attorney by BARD PERIPHERAL VASCULAR INC, CR BARD INC, MCKESSON CORPORATION filed by LUCAS ALLEN WESTBY. (Attachments: #1 Proposed Order)(WESTBY, LUCAS) |
| Filing 48 MOTION to Withdraw as Attorney by BARD PERIPHERAL VASCULAR INC, CR BARD INC, MCKESSON CORPORATION filed by LUCAS ALLEN WESTBY. (Attachments: #1 Proposed Order)(WESTBY, LUCAS) |
| Filing 47 MOTION to Withdraw as Attorney by BARD PERIPHERAL VASCULAR INC, CR BARD INC, MCKESSON CORPORATION filed by LUCAS ALLEN WESTBY. (Attachments: #1 Proposed Order)(WESTBY, LUCAS) |
| Notice of Deficiency; Documents must be-refiled; Related documents: #45 Motion for Miscellaneous Relief filed by CR BARD INC, BARD PERIPHERAL VASCULAR INC, MCKESSON CORPORATION, #44 Motion for Miscellaneous Relief filed by CR BARD INC, BARD PERIPHERAL VASCULAR INC, MCKESSON CORPORATION, #46 Motion for Miscellaneous Relief filed by CR BARD INC, BARD PERIPHERAL VASCULAR INC, MCKESSON CORPORATION; The PACER login ID and password used to electronically file a document constitutes the Participants electronic signature for all purposes under the Federal Rules. All electronically filed documents must include a signature block and must set forth the filers name, address, telephone number and e-mail address. The name on the document and the name associated with the participants login ID must be the same. Document must be re-filed using the user credentials of the name of the attorney in the signature block. Additionally, document must be re-filed using the correct event which is Civil Events, Motions and Related Filings, Motions, Withdraw as Attorney. It is understood that the attorneys whose name appears on the document may not have filing privileges. Thus, the deficiency can be remedied by the filing attorney adding his "s/" information upon the document (tlf), |
| Filing 46 Replaced by D.E. #49 . MOTION to Withdraw as Attorney by JORDAN E. JARREAU filed by LUCAS ALLEN WESTBY by BARD PERIPHERAL VASCULAR INC, CR BARD INC, MCKESSON CORPORATION filed by LUCAS ALLEN WESTBY. (Attachments: #1 Proposed Order)(WESTBY, LUCAS) Modified on 9/23/2020 (tlf). |
| Filing 45 Replaced by D.E. #48 . MOTION to Withdraw as Attorney by JESSICA JUNEK filed by LUCAS ALLEN WESTBY by BARD PERIPHERAL VASCULAR INC, CR BARD INC, MCKESSON CORPORATION filed by LUCAS ALLEN WESTBY. (Attachments: #1 Proposed Order)(WESTBY, LUCAS) Modified on 9/23/2020 (tlf). |
| Filing 44 Replaced by D.E. #47 . MOTION to Withdraw as Attorney by MELISSA DORMAN MATTHEWS filed by LUCAS ALLEN WESTBY by BARD PERIPHERAL VASCULAR INC, CR BARD INC, MCKESSON CORPORATION filed by LUCAS ALLEN WESTBY. (Attachments: #1 Proposed Order)(WESTBY, LUCAS) Modified on 9/23/2020 (tlf). |
| Filing 43 This is a text only entry; no document issued. ORDER granting #42 Motion to Withdraw as Attorney. Attorney ERIC MARTIN PRZYBYSZ terminated Ordered by US DISTRICT JUDGE CLAY D LAND on 09/18/2020 (CCL) |
| Filing 42 MOTION to Withdraw as Attorney by STEPHANIE PHILLIPS filed by ERIC MARTIN PRZYBYSZ. (Attachments: #1 Proposed Order on Motion to Withdraw)(PRZYBYSZ, ERIC) |
| Filing 41 This is a text only entry; no document issued. ORDER granting #38 Motion to Withdraw as Attorney. Attorney DARREN MCDOWELL terminated Ordered by US DISTRICT JUDGE CLAY D LAND on 09/16/2020 (CCL) |
| Filing 40 NOTICE of Attorney Appearance by LEE ANN ANAND on behalf of BARD PERIPHERAL VASCULAR INC, CR BARD INC, MCKESSON CORPORATION Attorney LEE ANN ANAND added to party BARD PERIPHERAL VASCULAR INC(pty:dft), Attorney LEE ANN ANAND added to party CR BARD INC(pty:dft), Attorney LEE ANN ANAND added to party MCKESSON CORPORATION(pty:dft)(ANAND, LEE) |
| Filing 39 NOTICE of Attorney Appearance by LUCAS ALLEN WESTBY on behalf of BARD PERIPHERAL VASCULAR INC, CR BARD INC, MCKESSON CORPORATION Attorney LUCAS ALLEN WESTBY added to party BARD PERIPHERAL VASCULAR INC(pty:dft), Attorney LUCAS ALLEN WESTBY added to party CR BARD INC(pty:dft), Attorney LUCAS ALLEN WESTBY added to party MCKESSON CORPORATION(pty:dft)(WESTBY, LUCAS) |
| Filing 38 MOTION to Withdraw as Attorney by STEPHANIE PHILLIPS filed by DARREN MCDOWELL. (Attachments: #1 Proposed Order on Motion to Withdraw)(MCDOWELL, DARREN) |
| Notice of Deficiency; Documents be re-filed; Related documents: #36 Motion to Withdraw as Attorney filed by STEPHANIE PHILLIPS, #37 Motion to Withdraw as Attorney filed by STEPHANIE PHILLIPS; The PACER login ID and password used to electronically file a document constitutes the Participants electronic signature for all purposes under the Federal Rules. All electronically filed documents must include a signature block and must set forth the filers name, address, telephone number and e-mail address. The name on the document and the name associated with the participants login ID must be the same. Document must be re-filed using the user credentials of the name of the attorney in the signature block (tlf). |
| Filing 37 Replaced by D.E. [42. MOTION to Withdraw as Attorney by STEPHANIE PHILLIPS filed by SHARON JESSICA ZINNS. (Attachments: #1 Proposed Order)(ZINNS, SHARON) Modified on 9/17/2020 (tlf). |
| Filing 36 Replaced by D.E. #38 . MOTION to Withdraw as Attorney by STEPHANIE PHILLIPS filed by SHARON JESSICA ZINNS. (Attachments: #1 Proposed Order)(ZINNS, SHARON) Modified on 9/17/2020 (tlf). |
| Filing 35 NOTICE of Attorney Appearance by SHARON JESSICA ZINNS on behalf of STEPHANIE PHILLIPS Attorney SHARON JESSICA ZINNS added to party STEPHANIE PHILLIPS(pty:pla)(ZINNS, SHARON) |
Filing 34
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by STEVE SCHULTE (nop)
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| Filing 33 PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by STEPHANIE PHILLIPS Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3557881, $100. (Attachments: #1 Certificate of Good Standing State Bar of Texas, #2 Certificate of Good Standing Northern District of Texas)(SCHULTE, STEVE) |
| SECOND AND FINAL NOTICE TO COUNSEL MELISSA DORMAN MATTHEWS, JORDAN E JARREAU, JESSICA JUNEK, ERIC MARTIN PRZYBYSZ, STEVEN SCOTT SCHULTE, DARREN MCDOWELL - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice or admissions fees, have not been met, a show cause hearing will be scheduled.(nop) |
| Filing 32 This is a text only entry; no document issued. ORDER terminating as moot #9 Motion to Dismiss. Any motion for reconsideration of this text order shall be filed within fourteen days. Ordered by US DISTRICT JUDGE CLAY D. LAND on 8/19/2020 (tlf). |
| Filing 31 This is a text only entry; no document issued. ORDER terminating as moot #2 Motion to Dismiss for Lack of Jurisdiction. Any motion for reconsideration of this text order shall be filed within fourteen days. Ordered by US DISTRICT JUDGE CLAY D. LAND on 8/19/2020 (tlf). |
| Filing 30 RULES 16/26 ORDER: Proposed Scheduling/Discovery order due by 9/30/2020. Ordered by US DISTRICT JUDGE CLAY D. LAND on 8/19/2020 (tlf). |
| Filing 29 Case transferred in District Transfer from District of Texas Northern; Case Number 3:20-cv-02273. Original file certified copy of transfer order and docket sheet received. **The Notice of Electronic Filing serves as certification for these transferred documents.** |
| NOTICE TO COUNSEL MELISSA DORMAN MATTHEWS, JORDAN E JARREAU, JESSICA JUNEK, ERIC MARTIN PRZYBYSZ, STEVEN SCOTT SCHULTE, DARREN MCDOWELL - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice admissions fees, have not been met, a show cause hearing may be scheduled. The local counsel requirement has been waived for this case (tlf). |
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Filing 28
MEMORANDUM OPINION AND ORDER granting #25 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 Maria Giordano's case be severed and transferred to the New HavenDivision of the District of Connecticut (Civil case 3:20-cv-2267-S opened); b. Plaintiff Peggy Grindstaff's case be severed and transferred to the Greenville Division of the Eastern District of Tennessee (Civil case 3:20-cv-2268-S opened); c. Plaintiff Andrew Holness's case be severed and transferred to the White Plains Division of the Southern District of New York (Civil case 3:20-cv-2269-S opened); d. Plaintiff Adrian Martinez's case be severed and transferred to the Kansas City Division of the Western District of Missouri (Civil case 3:20-cv-2270-S opened); e. Plaintiff Jerry Mickens's case be severed and transferred to the Richmond Division of the Eastern District of Virginia (Civil case 3:20-cv-2271-S opened); f. Plaintiff Kelley Munzings case be severed and transferred to the Richmond Division of the Eastern District of Virginia (Civil case 3:20-cv-2272-S opened); g. Plaintiff Stephanie Phillips's case be severed and transferred to the Columbus Division of the Middle District of Georgia (Civil case 3:20-cv-2273-S opened); h. Plaintiff Joseph Ronga's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (Civil case 3:20-cv-2274-S opened). Plaintiff Nathan Fee 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 8/18/2020) (axm) [Transferred from txnd on 8/19/2020.]
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| Filing 27 RESPONSE filed by Bard Peripheral Vascular Inc, CR Bard Inc re: #25 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 8/19/2020.] |
| Filing 26 Brief/Memorandum in Support filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga re #25 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 25 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 24 RESPONSE filed by Bard Peripheral Vascular Inc, CR Bard Inc, McKesson Corporation re: #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 8/19/2020.] |
| Filing 23 Appendix in Support filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga re #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 22 Brief/Memorandum in Support filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga re #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 20 RESPONSE filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga re: #9 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 19 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Inc, CR Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) [Transferred from txnd on 8/19/2020.] |
| Filing 18 NOTICE of Filing Completed Forms For Each Plaintiff filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
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Filing 17
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) [Transferred from txnd on 8/19/2020.]
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Filing 16
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 8/19/2020.]
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| Filing 15 MOTION for Extension of Time to File Response/Reply to #9 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 14 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction As Amended (Junek, Jessica) [Transferred from txnd on 8/19/2020.] |
| Filing 13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 13 replaced with the flattened document on 6/18/2020) (pnp). [Transferred from txnd on 8/19/2020.] |
| Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from txnd on 8/19/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, CR Bard Inc (Junek, Jessica) [Transferred from txnd on 8/19/2020.] |
| Filing 10 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Junek, Jessica) [Transferred from txnd on 8/19/2020.] |
| Filing 9 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by McKesson Corporation Attorney Jessica Junek added to party McKesson Corporation(pty:dft) (Junek, Jessica) [Transferred from txnd on 8/19/2020.] |
| Filing 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Junek, Jessica) (Main Document 8 replaced with flattened document on 6/11/2020) (awc). [Transferred from txnd on 8/19/2020.] |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CR Bard Inc. (Junek, Jessica) (Main Document 7 replaced with flattened document on 6/11/2020) (awc). [Transferred from txnd on 8/19/2020.] |
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Filing 6
ORDER REASSIGNING CASE. The above-referenced matter is transferred to the docket of the Honorable Judge Karen Gren Scholer, who has a related case. All future pleadings shall be filed under case number 3:20-CV-1484-S. Judge David C Godbey no longer assigned to case. (Ordered by Judge David C Godbey on 6/9/2020) (twd) [Transferred from txnd on 8/19/2020.]
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Filing 5
ORDER REQUIRING STATUS AND SCHEDULING CONFERENCE: The parties are directed to confer within 14 days of the date of this Order and report to the Court within 14 days after the conference the parties' position. (Ordered by Judge David C Godbey on 6/8/2020) (mla) [Transferred from txnd on 8/19/2020.]
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| 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from txnd on 8/19/2020.] |
| Filing 3 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, CR Bard Inc re #2 MOTION to Dismiss for Lack of Jurisdiction (Matthews, Melissa) Modified Docket Text on 6/9/2020 (oyh). [Transferred from txnd on 8/19/2020.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, CR Bard Inc (Matthews, Melissa) Modified Docket Text on 6/9/2020 (oyh). [Transferred from txnd on 8/19/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Bard Peripheral Vascular Inc, CR Bard Inc. (Filing fee $400; receipt number 0539-10897774) 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, #4 Exhibit(s) B - McKesson Corporation, #5 Exhibit(s) C - 8-30-16 Romney, Kim Deposition, #6 Exhibit(s) D - Index of State Court Documents, #7 Exhibit(s) D-1 - State Court Docket Sheet, #8 Exhibit(s) D-2 - Plaintiff's Original Petition, #9 Exhibit(s) D-3 - Civil Case Info Sheet, #10 Exhibit(s) D-4 - Citation Issued to Bard Peripheral Vascular, Inc., #11 Exhibit(s) D-5 - Citation Issued to C.R. Bard, #12 Exhibit(s) D-6 - Citation Issued to McKesson Corporation, #13 Exhibit(s) D-7 - Status Conference Order, #14 Exhibit(s) D-8 - Return of Service - C.R. Bard, #15 Exhibit(s) D-9 - Status Conference Order, #16 Exhibit(s) D-10 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) Modified Docket Text on 6/9/2020 (oyh). [Transferred from txnd on 8/19/2020.] |
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