Clark v. C R Bard Inc et al
| Leonard Clark |
| C R Bard Incorporated, McKesson Corporation, Does 1 Through 100 Inclusive and Bard Peripheral Vascular, Inc. |
| 1:2020cv03432 |
| August 19, 2020 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Thomas W Thrash |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 14, 2020. A more recent docket listing may be available from PACER.
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| Filing 44 Joint MOTION to Stay Joint Motion toTemporarily Stay Discovery with Brief In Support by Bard Peripheral Vascular, Inc., C R Bard Incorporated. (Attachments: #1 Text of Proposed Order)(Moore, Jennifer) |
Filing 43
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 42
ORDER granting #41 Application for Admission of Steven S. Schulte Pro Hac Vice. Signed by Judge Thomas W. Thrash, Jr. on 9/25/2020. 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.(tcc)
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| APPROVAL by Clerks Office re: #41 APPLICATION for Admission of Steven S. Schulte Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10166640).. Attorney Steven S. Schulte added appearing on behalf of Leonard Clark (nmb) |
| Filing 41 APPLICATION for Admission of Steven S. Schulte Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10166640). with Brief In Support by Leonard Clark. (Zinns, Sharon) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 40 NOTICE of Appearance by Sharon Jessica Zinns on behalf of Leonard Clark (Zinns, Sharon) |
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Filing 39
ORDER DENYING AS MOOT #2 Motion to Dismiss and #10 Motion to Dismiss. Signed by Judge Thomas W. Thrash, Jr. on 9/11/2020. (kt)
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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 9/14/2020. (nmb) |
| Filing 37 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Melissa Dorman Matthews. Clerk to follow-up by 9/14/2020. (nmb) |
| Filing 36 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Jordan E. Jarreau. Clerk to follow-up by 9/14/2020. (nmb) |
| Filing 35 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Eric Martin Przybysz. Clerk to follow-up by 9/14/2020. (nmb) |
| Filing 34 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Darren McDowell. Clerk to follow-up by 9/14/2020. (nmb) |
| Filing 33 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 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)
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| Filing 31 Clerk's Entry of Dismissal APPROVING #30 Stipulation of Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii) of Defendant McKesson Corporation only. Each party to bear its own costs. (kt) (kt). |
| Filing 30 STIPULATION of Dismissal Joint Stipulation for Dismissal Without Prejudice as to Defendant McKesson Corporation by Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation. (Moore, Jennifer) |
| Filing 29 NOTICE of Appearance by Lori Gail Cohen on behalf of Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation (Cohen, Lori) |
| Filing 28 NOTICE of Appearance by Marcella Coladangelo Ducca on behalf of Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation (Ducca, Marcella) |
| Filing 27 NOTICE of Appearance by Jennifer Brown Moore on behalf of Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation (Moore, Jennifer) |
| Filing 26 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02284. Original file certified copy of transfer order and docket sheet received. |
| Submission of #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction , to District Judge Thomas W. Thrash Jr.. (aar) |
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Filing 25
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 Leonard Clark's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil case 3:20-cv-2284-S opened); b. Plaintiff Carolyn Eddlemon's case be severed and transferred to the Lexington Division of the Eastern District of Kentucky (Civil case 3:20-cv-2285-S opened); c. Plaintiff Sandra Fry's case be severed and transferred to the Kansas City Division of the Western District of Missouri (Civil case 3:20-cv-2286-S opened); d. Plaintiff Daniel Norris's case be severed and transferred to the Akron Division of the Northern District of Ohio (Civil case 3:20-cv-2287-S opened); e. Plaintiff Paula Orr's case be severed and transferred to the Honolulu Division of the District of Hawaii (Civil case 3:20-cv-2288-S opened); f. Plaintiff Josh Smith's case be severed and transferred to the Chattanooga Division of the Eastern District of Tennessee (Civil case 3:20-cv-2289-S opened); g. Plaintiff Mary Stoke's case be severed and transferred to the Pittsburgh Division of the Western District of Pennsylvania (Civil case 3:20-cv-2290-S opened); h. Plaintiff Kathlene Toft's case be severed and transferred to the Denver Division of the District of Colorado (Civil case 3:20-cv-2291-S opened); i. Plaintiff George Watts's case be severed and transferred to the Wilmington Division of the Eastern District of North Carolina (Civil case 3:20-cv-2292-S opened). Plaintiff Magdelena Macias 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 8/18/2020) (axm) [Transferred from Texas Northern on 8/19/2020.]
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| Filing 24 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 23 Appendix in Support filed by Leonard Clark, Carolyn Eddlemon, Sandra Fry, Magdalena Macias, Darrel Norris, Paula Orr, Josh Smith, Mary Stoke, Kathlene Toft, George Watts 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 8/19/2020.] |
| Filing 22 Brief/Memorandum in Support filed by Leonard Clark, Carolyn Eddlemon, Sandra Fry, Magdalena Macias, Darrel Norris, Paula Orr, Josh Smith, Mary Stoke, Kathlene Toft, George Watts re #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Leonard Clark, Carolyn Eddlemon, Sandra Fry, Magdalena Macias, Darrel Norris, Paula Orr, Josh Smith, Mary Stoke, Kathlene Toft, George Watts (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 20 RESPONSE filed by Leonard Clark, Carolyn Eddlemon, Sandra Fry, Magdalena Macias, Darrel Norris, Paula Orr, Josh Smith, Mary Stoke, Kathlene Toft, George Watts re: #2 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 8/19/2020.] |
| Filing 19 NOTICE of Filing Completed Forms For Each Plaintiff filed by Leonard Clark, Carolyn Eddlemon, Sandra Fry, Magdalena Macias, Darrel Norris, Paula Orr, Josh Smith, Mary Stoke, Kathlene Toft, George Watts (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 18 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) [Transferred from Texas Northern 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 Texas Northern 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 Texas Northern on 8/19/2020.]
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| Filing 15 MOTION for Extension of Time to File Response/Reply to #2 MOTION to Dismiss for Lack of Jurisdiction , #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by Leonard Clark, Carolyn Eddlemon, Sandra Fry, Magdalena Macias, Darrel Norris, Paula Orr, Josh Smith, Mary Stoke, Kathlene Toft, George Watts (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 14 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 14 replaced to flatten image on 6/16/2020) (dsr). [Transferred from Texas Northern on 8/19/2020.] |
| Filing 13 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 8/19/2020.] |
| Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
| 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 8/19/2020.] |
| 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 8/19/2020.] |
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Filing 9
ORDER: This case is hereby TRANSFERRED to the docket of the Honorable Karen Gren Scholer. All future pleadings shall subsequently be filed under Civil Action No. 3:20-cv-01491-S. (Ordered by Chief Judge Barbara M. G. Lynn on 6/10/2020) (aaa) [Transferred from Texas Northern on 8/19/2020.]
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| 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 6/11/2020) (awc). [Transferred from Texas Northern on 8/19/2020.] |
| 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 6/11/2020) (awc). [Transferred from Texas Northern on 8/19/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) (Main Document 6 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/19/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Matthews, Melissa) (Main Document 5 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/19/2020.] |
| 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 3 Brief/Memorandum in Support filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc., Does 1 through 100 Inclusive, McKesson Corporation re #2 MOTION to Dismiss for Lack of Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 2 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 8/19/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Does 1 through 100 Inclusive, C. R. Bard, Inc., McKesson Corporation, Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10899971) 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 - 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, #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, #16 Exhibit(s) D-10 - Notice of Initial Dismissal Hearing, #17 Exhibit(s) D-11 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
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