Brown v. CR Bard Inc et al
| Leonora Brown |
| CR Bard Inc, Does 1 Through 100 Inclusive, McKesson Corporation and Bard Peripheral Vascular, Inc. |
| 1:2020cv03375 |
| August 14, 2020 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Leigh Martin May |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 29, 2020. A more recent docket listing may be available from PACER.
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Filing 41
EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (ddm) (ADI)
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| Filing 40 Certification of Consent to Substitution of Counsel. Allison Ng replacing attorney Jordan E. Jarreau and Melissa Dorman Matthews. (Ng, Allison) |
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Filing 39
SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (ddm) (ADI)
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| Filing 38 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Steven S. Schulte. Clerk to follow-up by 9/8/2020. (cdg) |
| Filing 37 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Eric Martin Przybysz. Clerk to follow-up by 9/8/2020. (cdg) |
| Filing 36 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Darren McDowell. Clerk to follow-up by 9/8/2020. (cdg) |
| Filing 35 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Darren McDowell. Clerk to follow-up by 9/8/2020. (cdg) |
| Filing 34 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Melissa Dorman Matthews. Clerk to follow-up by 9/8/2020. (cdg) |
| Filing 33 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Jordan E. Jarreau. Clerk to follow-up by 9/8/2020. (cdg) |
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Filing 32
ORDER: In Defendants' Motion to Dismiss for Lack of Jurisdiction #3 , Defendants argued that the Texas court, not this Court, lacked personal jurisdiction. That Motion is therefore DENIED as moot without prejudice to any jurisdictional arguments relevant to this Court. As to McKesson's individual Motion, Plaintiff acknowledged McKesson's subject-matter jurisdiction argument in her Motion to Transfer. See Dkt. No. #22 at 3. She stated that she does not oppose McKesson Corporation's motion. Id. Accordingly, Defendant McKesson Corporation's Motion to Dismiss for Lack of Subject Matter Jurisdiction #10 is GRANTED as unopposed. The Clerk is DIRECTED to terminate Defendant McKesson Corporation as a Defendant in this case. Signed by Judge Leigh Martin May on 8/26/2020. (tmf)
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| Filing 31 NOTICE of Appearance by Lori Gail Cohen on behalf of Bard Peripheral Vascular, Inc., CR Bard Inc, McKesson Corporation (Cohen, Lori) |
| Filing 30 NOTICE of Appearance by Marcella Coladangelo Ducca on behalf of Bard Peripheral Vascular, Inc., CR Bard Inc, McKesson Corporation (Ducca, Marcella) |
| Filing 29 NOTICE of Appearance by Jennifer Brown Moore on behalf of Bard Peripheral Vascular, Inc., CR Bard Inc, McKesson Corporation (Moore, Jennifer) |
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Filing 28
6th Amended Court ORDER Signed by Judge Thomas W. Thrash, Jr. on 8/3/20. (aar)
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| Filing 27 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02154. Original file certified copy of transfer order and docket sheet received. |
| Submission of #3 MOTION to Dismiss for Lack of Jurisdiction , #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, to District Judge Leigh Martin May. (aar) |
| Clerk's Certificate of Mailing as to Bard Peripheral Vascular, Inc., Leonora Brown, CR Bard Inc, Does 1 Through 100 Inclusive, McKesson Corporation re #28 Order. (aar) |
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Filing 26
MEMORANDUM OPINION AND ORDER granting #21 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 Audrey Black-Tureaud's case be severed and transferred to the West Palm Beach Division of the Southern District of Florida (Civil case 3:20-cv-2153-S opened); b. Plaintiff Leonora Brown's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil Case 3:20-cv-2154-S opened); c. Plaintiff Michael Butler's case be severed and transferred to the Evansville Division of the Southern District of Indiana (Civil case 3:20-cv-2155-S opened); d. Plaintiff Jessica Hill's case be severed and transferred to the Topeka Division of the District of Kansas (Civil case 3:20-cv-2158-S opened); e. Plaintiff Shirley Hill's case be severed and transferred to the Charlotte Division of the Western District of North Carolina (Civil case 3:20-cv-2160-S opened); f. Plaintiff Carlin Juegens's case be severed and transferred to the St. Louis Division of the Eastern District of Missouri (Civil case 3:20-cv-2161-S opened); g. Plaintiff David Kuzma's case be severed and transferred to the Bay City Division of the Eastern District Court Michigan (Civil case 3:20-cv-2156-S opened); h. Plaintiff Robbie Miller's case be severed and transferred to the Raleigh Division of the Eastern District Court North Carolina (Civil case 3:20-cv-2157-S opened); i. Plaintiff Majorie Seeba's case be severed and transferred to the Fargo Division of the District of North Dakota (Civil case 3:20-cv-2159-S opened). Plaintiff Daniel Garza 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 8/13/2020) (axm) [Transferred from Texas Northern on 8/14/2020.]
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| Filing 25 RESPONSE filed by Bard Peripheral Vascular Inc, CR Bard Inc re: #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/14/2020.] |
| 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 Texas Northern on 8/14/2020.] |
| Filing 23 Appendix in Support filed by Audrey Black-Tureaud, Leonora Brown, Michael Butler, Daniel Garza, Jessica Hill, Shirley Hill, Carlin Juegens, David Kuzma, Robbie Miller, Marjorie Seeba re #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from Texas Northern on 8/14/2020.] |
| Filing 22 Brief/Memorandum in Support filed by Audrey Black-Tureaud, Leonora Brown, Michael Butler, Daniel Garza, Jessica Hill, Shirley Hill, Carlin Juegens, David Kuzma, Robbie Miller, Marjorie Seeba re #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/14/2020.] |
| Filing 21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Audrey Black-Tureaud, Leonora Brown, Michael Butler, Daniel Garza, Jessica Hill, Shirley Hill, Carlin Juegens, David Kuzma, Robbie Miller, Marjorie Seeba (Schulte, Steven) [Transferred from Texas Northern on 8/14/2020.] |
| Filing 20 RESPONSE filed by Audrey Black-Tureaud, Leonora Brown, Michael Butler, Daniel Garza, Jessica Hill, Shirley Hill, Carlin Juegens, David Kuzma, Robbie Miller, Marjorie Seeba re: #3 MOTION to Dismiss for Lack of Jurisdiction , #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/14/2020.] |
| 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 Texas Northern on 8/14/2020.] |
| Filing 18 NOTICE of Filing Completed Forms For Each Plaintiff filed by Audrey Black-Tureaud, Leonora Brown, Michael Butler, Daniel Garza, Jessica Hill, Shirley Hill, Carlin Juegens, David Kuzma, Robbie Miller, Marjorie Seeba (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/14/2020.] |
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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 July 22, 2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (ndt) [Transferred from Texas Northern on 8/14/2020.]
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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 Texas Northern on 8/14/2020.]
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| Filing 15 MOTION for Extension of Time to File Response/Reply to #3 MOTION to Dismiss for Lack of Jurisdiction , #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by Audrey Black-Tureaud, Leonora Brown, Michael Butler, Daniel Garza, Jessica Hill, Shirley Hill, Carlin Juegens, David Kuzma, Robbie Miller, Marjorie Seeba (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/14/2020.] |
| Filing 14 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 14 replaced to flatten image on 6/15/2020) (dsr). [Transferred from Texas Northern on 8/14/2020.] |
| Filing 13 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, CR Bard Inc (Matthews, Melissa) [Transferred from Texas Northern on 8/14/2020.] |
| Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/14/2020.] |
| Filing 11 Brief/Memorandum in Support filed by McKesson Corporation re #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 8/14/2020.] |
| Filing 10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/14/2020.] |
| Filing 9 AMENDED DOCUMENT by Bard Peripheral Vascular Inc. Amendment to #7 Cert. Of Interested Persons/Disclosure Statement. . (Matthews, Melissa) (Main Document 9 replaced with flattened document on 6/12/2020) (ykp). [Transferred from Texas Northern on 8/14/2020.] |
| Filing 8 AMENDED DOCUMENT by CR Bard Inc. Amendment to #6 Cert. Of Interested Persons/Disclosure Statement. . (Matthews, Melissa) (Main Document 8 replaced replaced with flattened document on 6/12/2020) (ykp). [Transferred from Texas Northern on 8/14/2020.] |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) (Main Document 7 replaced with flattened document on 6/12/2020) (ykp). [Transferred from Texas Northern on 8/14/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CR Bard Inc. (Matthews, Melissa) (Main Document 6 replaced with flattened document on 6/12/2020) (ykp). [Transferred from Texas Northern on 8/14/2020.] |
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Filing 5
ELECTRONIC ORDER: Civil action number 3:20-CV-1460-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) [Transferred from Texas Northern on 8/14/2020.]
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| Filing 4 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, CR Bard Inc, Does 1 through 100 Inclusive, McKesson Corporation re #3 MOTION to Dismiss for Lack of Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 8/14/2020.] |
| Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, CR Bard Inc, Does 1 through 100 Inclusive, McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/14/2020.] |
| Filing 2 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) [Transferred from Texas Northern on 8/14/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND from 162nd District Court, Dallas County, Texas, case number DC-20-05458 filed by Bard Peripheral Vascular, Inc., Does 1 through 100 Inclusive, C. R. Bard, Inc., McKesson Corporation. (Filing fee $400; receipt number 0539-10895102) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy 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, #5 Exhibit(s) C - 8-30-16 Romney, Kim Deposition, #6 Exhibit(s) D - Index of State Court Document, #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 Declaration(s) D-4 - Jury Demand, #11 Exhibit(s) D-5 - Citation Issued to CR Bard, #12 Exhibit(s) D-6 - Citation Issued to Bard Peripheral, #13 Exhibit(s) D-7 - Citation Issued to McKesson Corp, #14 Exhibit(s) D-8 - Affidavit of Service - McKesson, #15 Exhibit(s) D-9 - Return of Service - CR Bard, #16 Exhibit(s) D-10 - Return of Service - Bard Peripheral) (Matthews, Melissa) [Transferred from Texas Northern on 8/14/2020.] |
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