LEATHERWOOD v. C R BARD INC et al
AARON LEATHERWOOD |
Does 1 through 100 Inclusive, MCKESSON CORPORATION, C R BARD INC and BARD PERIPHERAL VASCULAR INC |
4:2020cv00210 |
September 3, 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
This docket was last retrieved on October 21, 2020. A more recent docket listing may be available from PACER.
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Filing 45 This is a text only entry; no document issued. ORDER granting #44 Motion to Stay. The deadlines set in the Rules 16/26 order are stayed. If the parties do not reach a settlement by January 19, 2021, then they shall submit a proposed scheduling order by January 26, 2021. Ordered by US DISTRICT JUDGE CLAY D LAND on 10/21/2020 (CCL) |
Filing 44 JOINT MOTION to Stay Proceedings by BARD PERIPHERAL VASCULAR INC, C R BARD INC filed by LUCAS ALLEN WESTBY. (Attachments: #1 Proposed Order)(WESTBY, LUCAS) |
Filing 43 STIPULATION of Dismissal by C R BARD INC, BARD PERIPHERAL VASCULAR INC, MCKESSON CORPORATION as to MCKESSON CORPORATION (WESTBY, LUCAS) |
Filing 42 Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by STEVE SCHULTE (nop) |
Filing 41 This is a text only entry; no document issued. ORDER granting #39 and #40 Motion to Withdraw as Attorney. Attorneys DARREN MCDOWELL and ERIC MARTIN PRZYBYSZ terminated. Ordered by US DISTRICT JUDGE CLAY D LAND on 09/28/2020 (CCL) |
Filing 40 MOTION to Withdraw as Attorney by AARON LEATHERWOOD filed by STEVE SCHULTE. (Attachments: #1 Proposed Order on Motion to Withdraw)(SCHULTE, STEVE) |
Filing 39 MOTION to Withdraw as Attorney by AARON LEATHERWOOD filed by STEVE SCHULTE. (Attachments: #1 Proposed Order on Motion to Withdraw)(SCHULTE, STEVE) |
Filing 38 PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by All Plaintiffs Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3577934, $100. (Attachments: #1 Exhibit Certificate of Good Standing - Northern District of Texas)(SCHULTE, STEVE) |
Filing 37 This is a text only entry; no document issued. ORDER granting #35 and #36 Motions to Withdraw as Attorney. Attorneys JORDAN E JARREAU and MELISSA DORMAN MATTHEWS terminated. Ordered by US DISTRICT JUDGE CLAY D LAND on 9/23/2020 (esl) |
Filing 36 MOTION to Withdraw as Attorney by JORDAN E. JARREAU filed by LUCAS ALLEN WESTBY by BARD PERIPHERAL VASCULAR INC, C R BARD INC, MCKESSON CORPORATION filed by LUCAS ALLEN WESTBY. (Attachments: #1 Proposed Order)(WESTBY, LUCAS) Modified on 9/23/2020 (esl). |
Filing 35 MOTION to Withdraw as Attorney by MELISSA DORMAN MATTHEWS filed by LUCAS ALLEN WESTBY by BARD PERIPHERAL VASCULAR INC, C R BARD INC, MCKESSON CORPORATION filed by LUCAS ALLEN WESTBY. (Attachments: #1 Proposed Order)(WESTBY, LUCAS) Modified on 9/23/2020 (esl). |
Filing 34 NOTICE of Attorney Appearance by LUCAS ALLEN WESTBY on behalf of BARD PERIPHERAL VASCULAR INC, C R BARD INC, MCKESSON CORPORATION Attorney LUCAS ALLEN WESTBY added to party BARD PERIPHERAL VASCULAR INC(pty:dft), Attorney LUCAS ALLEN WESTBY added to party C R BARD INC(pty:dft), Attorney LUCAS ALLEN WESTBY added to party MCKESSON CORPORATION(pty:dft)(WESTBY, LUCAS) |
Filing 33 NOTICE of Attorney Appearance by LEE ANN ANAND on behalf of BARD PERIPHERAL VASCULAR INC, C R BARD INC, MCKESSON CORPORATION Attorney LEE ANN ANAND added to party BARD PERIPHERAL VASCULAR INC(pty:dft), Attorney LEE ANN ANAND added to party C R BARD INC(pty:dft), Attorney LEE ANN ANAND added to party MCKESSON CORPORATION(pty:dft)(ANAND, LEE) |
Filing 32 RULES 16/26 ORDER:Proposed Scheduling/Discovery order due by 10/20/2020. Ordered by US DISTRICT JUDGE CLAY D LAND on 9/8/2020. (tlp) |
Filing 31 This is a text only entry; no document issued. ORDER terminating as moot #2 Motion to Dismiss for Lack of Jurisdiction; terminating as moot #8 Motion to Dismiss. Any motion for reconsideration shall be filed within fourteen days. Ordered by US DISTRICT JUDGE CLAY D LAND on 09/04/2020 (CCL) |
NOTICE TO COUNSEL MELISSA DORMAN MATTHEWS, JORDAN E JARREAU, ERIC MARTIN PRZYBYSZ, STEVE 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 in this case (tlf). |
Filing 30 Case transferred in District Transfer from District of Texas Northern; Case Number 3:20-cv-02762. Original file certified copy of transfer order and docket sheet received. **The Notice of Electronic Filing serves as certification for these transferred documents.** |
Filing 29 MEMORANDUM OPINION AND ORDER granting #22 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 Charles Arnett's case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil case 3:20-cv-2758 opened); b. Plaintiff Hazle Chase's case be severed and transferred to the Eastern District of Louisiana (Civil case 3:20-cv-2759 opened); c. Plaintiff Patrick Fitzgerald's case be severed and transferred to the Central Division of the Eastern District of Arkansas (Civil case 3:20-cv-2760 opened); d. Plaintiff Tammy Harper's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2761 opened); e. Plaintiff Aaron Leatherwood's case be severed and transferred to the Columbus Division of the Middle District of Georgia (Civil case 3:20-cv-2762 opened); f. Plaintiff Kenny McPherson's case be severed and transferred to the Owensboro Division of the Western District of Kentucky (Civil case 3:20-cv-2763 opened); g. Plaintiff Shirley Myers's case be severed and transferred to the Pittsburgh Division of the Western District of Pennsylvania (Civil case 3:20-cv-2764 opened); and h. Plaintiff Jacqueline Rembert's case be severed and transferred to the Eastern Division of the Northern District of Ohio (Civil case 3:20-cv-2765 opened). Plaintiff Marisela Ramos 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 9/2/2020) (jmg) [Transferred from txnd on 9/3/2020.] |
Filing 28 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division , #27 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Jarreau, Jordan) [Transferred from txnd on 9/3/2020.] |
Filing 27 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Patrick Fitzgerald (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
Filing 26 Order: Pursuant to the parties' agreement, see ECF Nos. 22, 25, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Roderick Harper's claims against Defendants. The parties shall bear their own costs. All relief not expressly granted is DENIED. (Ordered by Judge Karen Gren Scholer on 8/19/2020) (ykp) [Transferred from txnd on 9/3/2020.] |
Filing 25 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division , #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 9/3/2020.] |
Filing 24 Appendix in Support filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Marisela Ramos, Jacqueline Rembert re #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
Filing 23 Brief/Memorandum in Support filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Marisela Ramos, Jacqueline Rembert re #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
Filing 22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Marisela Ramos, Jacqueline Rembert (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
Filing 21 Appendix in Support filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Jacqueline Rembert re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
Filing 20 Brief/Memorandum in Support filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Jacqueline Rembert re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Jacqueline Rembert (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
Filing 18 RESPONSE AND OBJECTION filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Marisela Ramos, Jacqueline Rembert re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Marisela Ramos, Jacqueline Rembert (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from txnd on 9/3/2020.] |
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) [Transferred from txnd on 9/3/2020.] |
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 txnd on 9/3/2020.] |
Filing 13 MOTION for Extension of Time to File Response/Reply to #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Marisela Ramos, Jacqueline Rembert (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) [Transferred from txnd on 9/3/2020.] |
Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from txnd on 9/3/2020.] |
Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) [Transferred from txnd on 9/3/2020.] |
Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from txnd on 9/3/2020.] |
Filing 8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from txnd on 9/3/2020.] |
Filing 7 ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge Jane J. Boyle no longer assigned to case. (Ordered by Judge Jane J. Boyle on 6/15/2020) (svc) [Transferred from txnd on 9/3/2020.] |
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 Horan). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from txnd on 9/3/2020.] |
Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) [Transferred from txnd on 9/3/2020.] |
Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Matthews, Melissa) [Transferred from txnd on 9/3/2020.] |
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 (Matthews, Melissa) [Transferred from txnd on 9/3/2020.] |
Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) [Transferred from txnd on 9/3/2020.] |
Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10911038) 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 - Plaintiffs' 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, Inc., #12 Exhibit(s) D-6 - Citation Issued to McKesson Corp., #13 Exhibit(s) D-7 - Jury Demand, #14 Exhibit(s) D-8 - Notice of Dismissal Hearing, #15 Exhibit(s) D-9 - Affidavit of Service - McKesson, #16 Exhibit(s) D-10 - Return of Service - C.R. Bard, #17 Exhibit(s) D-11 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from txnd on 9/3/2020.] |
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