Bell v. C R Bard Inc et al
Michael Bell |
C R Bard Incorporated, McKesson Corporation, Bard Peripheral Vascular Incorporated and Does 1 Through 100 Inclusive |
1:2020cv03418 |
August 18, 2020 |
US District Court for the Northern District of Georgia |
Steve C Jones |
Personal Inj. Prod. Liability |
28 U.S.C. § 1332 |
Both |
Docket Report
This docket was last retrieved on October 16, 2020. A more recent docket listing may be available from PACER.
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Filing 43 ORDER granting #42 Motion to Stay. All proceedings and deadlines in this case, including the deadline for the submission of a Joint Scheduling Order, are stayed for a period one hundred and twenty (120) days. It is further ORDERED that this action be ADMINISTRATIVELY TERMINATED without prejudice to the right, upon good cause shown within one hundred twenty (120) days, to reopen the action if settlement is not consummated. If this matter is not reopened by the parties within one hundred twenty (120) days it will be deemed to have been dismissed with prejudice. Signed by Judge Steve C. Jones on 10/16/2020. (rjs) |
Filing 42 Joint MOTION to Stay Joint Motion to Temporarily Stay Discovery with Brief In Support by Bard Peripheral Vascular Incorporated, C R Bard Incorporated. (Attachments: #1 Text of Proposed Order)(Moore, Jennifer) |
Filing 41 Withdrawal of Motion #3 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation, Bard Peripheral Vascular Incorporated, Does 1 Through 100 Inclusive, C R Bard Incorporated filed by Bard Peripheral Vascular Incorporated, C R Bard Incorporated. (Moore, Jennifer) |
Civil Case Terminated. (rjs) |
Filing 40 MOTION to Withdraw Steve S. Schulte as Attorneyby Michael Bell. (Attachments: #1 Text of Proposed Order on Motion to Withdraw)(Schulte, Steve) |
Filing 39 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) |
Filing 38 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Eric Martin Przybysz. Clerk to follow-up by 10/5/2020. (cdg) |
Filing 37 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Darren McDowell. Clerk to follow-up by 10/5/2020. (cdg) |
Clerk's Certificate of Mailing to Steven S. Schulte re #36 Order on Application for Admission PHV. (rjs) |
Filing 36 ORDER granting #35 Application for Admission Pro Hac Vice for Steven S. Schulte. Signed by Judge Steve C. Jones on 9/24/2020. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rjs) |
APPROVAL by Clerks Office re: #35 APPLICATION for Admission of Steven S. Schulte Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10166583).. Attorney Steven S. Schulte added appearing on behalf of Michael Bell (nmb) |
Filing 35 APPLICATION for Admission of Steven S. Schulte Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10166583). with Brief In Support by Michael Bell. (Zinns, Sharon) Documents for this entry are not available for viewing outside the courthouse. |
Filing 34 NOTICE of Appearance by Sharon Jessica Zinns on behalf of Michael Bell (Zinns, Sharon) |
Filing 33 Certification of Consent to Substitution of Counsel. Allison Ng replacing attorney Jordan E. Jarreau and Melissa Dorman Matthews. (Ng, Allison) |
Filing 32 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) |
Filing 31 STIPULATION of Dismissal Without Prejudice as to Defendant McKesson Corporation by Bard Peripheral Vascular Incorporated, C R Bard Incorporated, McKesson Corporation. (Moore, Jennifer) Modified on 8/27/2020 (rjs). |
Clerk's Entry of Dismissal APPROVING #31 Stipulation of Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii) as to McKesson Corporation only. (rjs) |
Filing 30 NOTICE of Appearance by Lori Gail Cohen on behalf of Bard Peripheral Vascular Incorporated, C R Bard Incorporated, McKesson Corporation (Cohen, Lori) |
Filing 29 NOTICE of Appearance by Marcella Coladangelo Ducca on behalf of Bard Peripheral Vascular Incorporated, C R Bard Incorporated, McKesson Corporation (Ducca, Marcella) |
Filing 28 NOTICE of Appearance by Jennifer Brown Moore on behalf of McKesson Corporation (Moore, Jennifer) |
Filing 27 NOTICE of Appearance by Jennifer Brown Moore on behalf of Bard Peripheral Vascular Incorporated, C R Bard Incorporated (Moore, Jennifer) |
Filing 26 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02183. Original file certified copy of transfer order and docket sheet received. |
Submission of #3 MOTION to Dismiss for Lack of Jurisdiction , #9 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, to District Judge Steve C. Jones. (aar) |
Filing 25 ORDER granting #20 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 Joseph Abell's case be severed and transferred to the Baltimore Division of the District of Maryland (Civil case 3:20-cv-2182 opened); b. Plaintiff Michael Bell's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil case 3:20-cv-2183 opened); c. Plaintiff Scott German's case be severed and transferred to the Toledo Division of the Northern District of Ohio (Civil case 3:20-cv-2184 opened); d. Plaintiff Marie Leonard's case be severed and transferred to the Raleigh Division of the Eastern District of North Carolina (Civil case 3:20-cv-2185 opened); e. Plaintiff Wilhemenia Lindsey's case be severed and transferred to the Columbus Division of the Southern District of Ohio (Civil case 3:20-cv-2186 opened); f. Plaintiff Annie Walker's case be severed and transferred to the Ann Arbor Division of the Eastern District of Michigan (Civil case 3:20-cv-2187 opened); g. Plaintiff Loreta Windmyer's case be severed and transferred to the Dayton Division of the Southern District of Ohio (Civil case 3:20-cv-2188 opened); h. Plaintiff Cathy Wilburn's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (Civil case 3:20-cv-2189 opened); i. Plaintiff Cynthia Hughes's case be severed and transferred to the Chattanooga Division of the Eastern District of Tennessee (Civil case 3:20-cv-2190 opened). Plaintiff Manuela Gonzalez 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 8/17/2020) (jmg) [Transferred from Texas Northern on 8/18/2020.] |
Filing 24 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/18/2020.] |
Filing 23 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/18/2020.] |
Filing 22 Appendix in Support filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
Filing 21 Brief/Memorandum in Support filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
Filing 20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
Filing 19 RESPONSE filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn re: #9 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #3 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
Filing 18 NOTICE of Filing Completed Forms for Each Plaintiff re: #16 Order, filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from Texas Northern on 8/18/2020.] |
Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
Filing 16 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 8/18/2020.] |
Filing 15 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 8/18/2020.] |
Filing 14 MOTION for Extension of Time to File Response/Reply to #9 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #3 MOTION to Dismiss for Lack of Jurisdiction filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
Filing 13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 13 replaced to flatten image on 6/15/2020) (dsr). [Transferred from Texas Northern on 8/18/2020.] |
Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) [Transferred from Texas Northern on 8/18/2020.] |
Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/18/2020.] |
Filing 10 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 8/18/2020.] |
Filing 9 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/18/2020.] |
Filing 8 AMENDED DOCUMENT by Bard Peripheral Vascular Inc. Amendment to #6 Cert. Of Interested Persons/Disclosure Statement. . (Matthews, Melissa) (Main Document 8 replaced with flattened document on 6/12/2020) (ykp). [Transferred from Texas Northern on 8/18/2020.] |
Filing 7 AMENDED DOCUMENT by C R Bard Inc. Amendment to #5 Cert. Of Interested Persons/Disclosure Statement. . (Matthews, Melissa) (Main Document 7 replaced with flattened document on 6/12/2020) (ykp). [Transferred from Texas Northern on 8/18/2020.] |
Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) (Main Document 6 replaced with flattened document on 6/12/2020) (ykp). [Transferred from Texas Northern on 8/18/2020.] |
Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Matthews, Melissa) (Main Document 5 replaced with flattened document on 6/12/2020) (ykp). [Transferred from Texas Northern on 8/18/2020.] |
Filing 4 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, C R 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 8/18/2020.] |
Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc, Does 1 through 100 inclusive, McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/18/2020.] |
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 Horan). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from Texas Northern on 8/18/2020.] |
Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Bard Peripheral Vascular, Inc., Does 1 through 100 inclusive, C. R. Bard, Inc.. (Filing fee $400; receipt number 0539-10896016) 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, #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 - Jury Demand, #11 Exhibit(s) D-5 - Citation Issued to Bard Peripheral Vascular, Inc., #12 Exhibit(s) D-6 - Citation Issued to C.R. Bard, Inc., #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 - C.R. Bard, Inc., #16 Exhibit(s) D-10 - Return of Service - Bard Peripheral) (Matthews, Melissa) [Transferred from Texas Northern on 8/18/2020.] |
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