KING v CR BARD INC
| SALLIE KING |
| BARD PERIPHERAL VASCULAR INCORPORATED, MCKESSON CORPORATION, C R BARD INC and Does 1 through 100 Inclusive |
| 7:2020cv00175 |
| August 28, 2020 |
| US District Court for the Middle District of Georgia |
| Valdosta Office |
| W LOUIS SANDS |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 23, 2020. A more recent docket listing may be available from PACER.
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Filing 40
ORDER granting #38 Motion to Withdraw as Counsel by Jordan E. Jarreau. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 9/22/2020. (sbd)
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Filing 39
ORDER granting #37 Motion to Withdraw as Counsel by Melissa Dorman Matthews. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 9/22/2020. (sbd)
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| Filing 38 MOTION to Withdraw as Attorney by JORDAN E. JARREAU filed by LUCAS ALLEN WESTBY by BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INC, MCKESSON CORPORATION filed by LUCAS ALLEN WESTBY. (Attachments: #1 Proposed Order)(WESTBY, LUCAS) |
| Filing 37 MOTION to Withdraw as Attorney by MELISSA DORMAN MATTHEWS filed by LUCAS ALLEN WESTBY by BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INC, MCKESSON CORPORATION filed by LUCAS ALLEN WESTBY. (Attachments: #1 Proposed Order)(WESTBY, LUCAS) |
| SECOND NOTICE TO COUNSEL MELISSA DORMAN MATTHEWS, JORDAN E JARREAU - 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.(sbd) |
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Filing 36
ORDER granting #31 Motion to Withdraw as Attorney and granting #32 Motion to Withdraw as Attorney. Attorney DARREN MCDOWELL and ERIC MARTIN PRZYBYSZ terminated. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 9/16/2020. (rlw)
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| Filing 35 NOTICE of Attorney Appearance by LEE ANN ANAND on behalf of BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INC Attorney LEE ANN ANAND added to party BARD PERIPHERAL VASCULAR INCORPORATED(pty:dft), Attorney LEE ANN ANAND added to party C R BARD INC(pty:dft)(ANAND, LEE) |
| Filing 34 NOTICE of Attorney Appearance by LUCAS ALLEN WESTBY on behalf of BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INC Attorney LUCAS ALLEN WESTBY added to party BARD PERIPHERAL VASCULAR INCORPORATED(pty:dft), Attorney LUCAS ALLEN WESTBY added to party C R BARD INC(pty:dft)(WESTBY, LUCAS) |
| Filing 33 RULES 16/26 ORDER:Proposed Scheduling/Discovery order due by 11/3/2020. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 09/15/2020. (gda) |
| Filing 32 MOTION to Withdraw as Attorney by SALLIE KING filed by SHARON JESSICA ZINNS. (Attachments: #1 Proposed Order)(ZINNS, SHARON) |
| Filing 31 MOTION to Withdraw as Attorney by SALLIE KING filed by SHARON JESSICA ZINNS. (Attachments: #1 Proposed Order)(ZINNS, SHARON) |
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Filing 30
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by STEVE SCHULTE (Attachments: #1 Certificate of Good Standing) (nop)
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| Filing 29 PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by SALLIE KING Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3562855, $100. LOCAL COUNSEL Name and Georgia Bar #: Sharon J. Zinns 552920. (Attachments: #1 Certificate of Good Standing Certificate of Good Standing)(ZINNS, SHARON) |
| Filing 28 NOTICE of Attorney Appearance by SHARON JESSICA ZINNS on behalf of SALLIE KING Attorney SHARON JESSICA ZINNS added to party SALLIE KING(pty:pla)(ZINNS, SHARON) |
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Filing 27
ORDER denying as moot #2 Motion to Dismiss for Lack of Jurisdiction; granting #9 Motion to Dismiss for Lack of Jurisdiction and McKesson Corporation is hereby DISMISSED WITHOUT PREJUDICE. The Parties are ORDERED to comply with the instructions on the docket to file a jurisdictional statement and meet attorney admissions requirements. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 9/3/2020. (rlw)
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| Filing 26 Case transferred in District Transfer from District of Texas Northern; Case Number 3:20-cv-02548. 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, 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.(sbd) |
| US DISTRICT JUDGE W LOUIS SANDS added. (sbd) |
| Notice of Deficiency (related document(s): #1 Notice of Removal, filed by BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INC ). Pursuant to Local Rule 87.2 a Jurisdictional Statement must be filed.(sbd) |
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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 Theresa Beeler's case be severed and transferred to the Tulsa Division of the Northern District of Oklahoma (Civil case 3:20-cv-2545 opened); b. Plaintiff Margaret Davitt's case be severed and transferred to the New Haven Division of the District of Connecticut (Civil case 3:20-cv-2546 opened); c. Plaintiff Michael Harris's case be severed and transferred to the Central Islip Division of the Eastern District of New York (Civil case 3:20-cv-2547 opened); d. Plaintiff Sallie King's case be severed and transferred to the Valdosta Division of the Middle District of Georgia (Civil case 3:20-cv-2548 opened); e. Plaintiff Brian McCaslin's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2549 opened); f. Plaintiff James Shoop's case be severed and transferred to the Central Division of the Western District of Missouri (Civil case 3:20-cv-2550 opened); g. Plaintiff Dorothy Stamer's case be severed and transferred to the Western Division of the Southern District of Ohio (Civil case 3:20-cv-2551 opened); and h. Plaintiff Richard Wawrzyniak's case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil case 3:20-cv-2552 opened). Plaintiff Tommie Byers 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 8/27/2020) (jmg) [Transferred from txnd on 8/28/2020.]
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Filing 24
ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Terry Scott's claims against Defendants. The parties shall bear their own costs. Party Terry Scott terminated. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (axm) [Transferred from txnd on 8/28/2020.]
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| Filing 23 Supplemental RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) Modified title on 8/25/2020 (awc). [Transferred from txnd on 8/28/2020.] |
| Filing 22 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) [Transferred from txnd on 8/28/2020.] |
| Filing 21 Appendix in Support filed by Theresa Beeler, Margaret Davitt, Michael Harris, Sallie King, Brian McCaslin, Terry Scott, James Shoop, Dorothy Stamer, Richard Wawrzyniak re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from txnd on 8/28/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Theresa Beeler, Margaret Davitt, Michael Harris, Sallie King, Brian McCaslin, Terry Scott, James Shoop, Dorothy Stamer, Richard Wawrzyniak re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from txnd on 8/28/2020.] |
| Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by Theresa Beeler, Margaret Davitt, Michael Harris, Sallie King, Brian McCaslin, Terry Scott, James Shoop, Dorothy Stamer, Richard Wawrzyniak (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/28/2020.] |
| Filing 18 RESPONSE AND OBJECTION filed by Theresa Beeler, Tommie Byers, Margaret Davitt, Michael Harris, Sallie King, Brian McCaslin, Terry Scott, James Shoop, Dorothy Stamer, Richard Wawrzyniak re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from txnd on 8/28/2020.] |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Theresa Beeler, Tommie Byers, Margaret Davitt, Michael Harris, Sallie King, Brian McCaslin, Terry Scott, James Shoop, Dorothy Stamer, Richard Wawrzyniak (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from txnd on 8/28/2020.] |
| 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) [Transferred from txnd on 8/28/2020.] |
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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) [Transferred from txnd on 8/28/2020.]
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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) [Transferred from txnd on 8/28/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #9 MOTION to Dismiss for Lack of Jurisdiction , #2 MOTION to Dismiss for Lack of Jurisdiction filed by Theresa Beeler, Tommie Byers, Margaret Davitt, Michael Harris, Sallie King, Brian McCaslin, Terry Scott, James Shoop, Dorothy Stamer, Richard Wawrzyniak (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/28/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from txnd on 8/28/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from txnd on 8/28/2020.] |
| Filing 10 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from txnd on 8/28/2020.] |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from txnd on 8/28/2020.] |
| Filing 8 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from txnd on 8/28/2020.] |
| Filing 7 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. (hml) [Transferred from txnd on 8/28/2020.] |
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Filing 6
ELECTRONIC ORDER: Civil action number 3:20-CV-1535-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 6/11/2020) (ctf) [Transferred from txnd on 8/28/2020.]
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| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from txnd on 8/28/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from txnd on 8/28/2020.] |
| 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 (Jarreau, Jordan) [Transferred from txnd on 8/28/2020.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from txnd on 8/28/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10907842) 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 2020-04-06 Original Petition, #9 Exhibit(s) D-3 2020-04-06 Civil Case Info. Sheet, #10 Exhibit(s) D-4 2020-04-06 Jury Demand, #11 Exhibit(s) D-5 2020-04-06 Citation Issued - Bard Peripheral, #12 Exhibit(s) D-6 2020-04-06 Citation Issued - McKesson, #13 Exhibit(s) D-7 2020-04-06 Citation Issues - C.R. Bard, #14 Exhibit(s) D-8 2020-05-06 Return 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) [Transferred from txnd on 8/28/2020.] |
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