Rivers v. C R Bard Inc et al
| Darwin Rivers |
| C R Bard Incorporated, McKesson Corporation, Does 1 Through 100 Inclusive and Bard Peripheral Vascular, Inc. |
| 1:2020cv03444 |
| August 20, 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 46 Joint MOTION to Stay Joint Motion to Temporarily Stay Discovery with Brief In Support by Bard Peripheral Vascular, Inc., C R Bard Incorporated. (Attachments: #1 Text of Proposed Order)(Moore, Jennifer) |
Filing 45
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 44
ORDER granting #43 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: #43 APPLICATION for Admission of Steven S. Schulte Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10166720).. Attorney Steven S. Schulte added appearing on behalf of Darwin Rivers (nmb) |
| Filing 43 APPLICATION for Admission of Steven S. Schulte Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10166720). with Brief In Support by Darwin Rivers. (Zinns, Sharon) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 42 NOTICE of Appearance by Sharon Jessica Zinns on behalf of Darwin Rivers (Zinns, Sharon) |
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Filing 41
ORDER DENYING AS MOOT #2 Motion to Dismiss and #8 Motion to Dismiss. Signed by Judge Thomas W. Thrash, Jr. on 9/11/2020. (kt)
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| Filing 40 Certification of Consent to Substitution of Counsel. Allison Ng replacing attorney Melissa Dorman Matthews; Jordan E. Jarreau and Jessica Junek. (Ng, Allison) |
| Filing 39 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Eric Martin Przybysz. Clerk to follow-up by 9/14/2020. (cdg) |
| Filing 38 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Darren McDowell. Clerk to follow-up by 9/14/2020. (cdg) Modified on 9/2/2020 to fix event used (cdg). |
| Filing 37 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Steven S. Schulte. Clerk to follow-up by 9/14/2020. (cdg) |
| Filing 36 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Jessica Junek. Clerk to follow-up by 9/14/2020. (cdg) |
| Filing 35 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Melissa Dorman Matthews. Clerk to follow-up by 9/14/2020. (cdg) |
| Filing 34 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Jordan E. Jarreau. Clerk to follow-up by 9/14/2020. (cdg) |
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Filing 33
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 32 Clerk's Entry of Dismissal APPROVING #31 Stipulation of Dismissal without prejudice 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 31 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 30 NOTICE of Appearance by Marcella Coladangelo Ducca on behalf of Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation (Ducca, Marcella) |
| Filing 29 NOTICE of Appearance by Jennifer Brown Moore on behalf of Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation (Moore, Jennifer) |
| Filing 28 NOTICE of Appearance by Lori Gail Cohen on behalf of Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation (Cohen, Lori) |
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Filing 27
6th Amended COURT ORDER Signed by Judge Thomas W. Thrash, Jr. on 8/3/2020. (aar)
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| Filing 26 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02340. Original file certified copy of transfer order and docket sheet received. |
| Submission of #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, to District Judge Thomas W. Thrash Jr.. (aar) |
| Clerk's Certificate of Mailing re #27 6th Amended Court Order. (aar) |
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Filing 25
MEMORANDUM OPINION AND ORDER #21 Unopposed 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 Jessica Magee's case be severed and transferred to the Natchez Division of the Southern District of Mississippi (Civil case 3:20-2334-S opened); b. Plaintiff Sandra Maxwell's case be severed and transferred to the Mobile Division of the Southern District of Alabama (Civil case 3:20-2335-S opened); c. Plaintiff Ernest Mergenthaler's case be severed and transferred to the Santa Ana Division of the Central District of California (Civil case 3:20-2336-S opened); d. Plaintiff Stacey Merrell's case be severed and transferred to the Tulsa Division of the Northern District of Oklahoma (Civil case 3:20-2337-S opened); e. Plaintiff Tanikia Phillips's case be severed and transferred to the Philadelphia Division of the Eastern District of Pennsylvania (Civil case 3:20-2338-S opened); f. Plaintiff Ted Pittman's case be severed and transferred to the London Division of the Eastern District of Kentucky (Civil case 3:20-2339-S opened); g. Plaintiff Darwin Rivers's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil case 3:20-2340-S opened); h. Plaintiff Joleen Schouten's case be severed and transferred to the Sioux Falls Division of the District of South Dakota (Civil case 3:20-2341-S opened); i. Plaintiff Rosa Scott's case be severed and transferred to the Albany Division of the Middle District of Georgia (Civil case 3:20-2360-S opened). Plaintiff Lawrence Schnellman 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 8/18/2020) (axm) [Transferred from Texas Northern on 8/20/2020.]
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| Filing 24 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 23 Appendix in Support filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott re #21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 22 Brief/Memorandum in Support filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott re #21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 20 Appendix in Support filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott re #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 19 Brief/Memorandum in Support filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott re #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 17 RESPONSE filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott re: #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 15 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from Texas Northern on 8/20/2020.] |
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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 Texas Northern on 8/20/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 12 replaced to flatten image on 6/17/2020) (dsr). [Transferred from Texas Northern on 8/20/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by McKesson Corporation Attorney Jessica Junek added to party McKesson Corporation(pty:dft) (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
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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 6/11/2020) (svc) [Transferred from Texas Northern on 8/20/2020.]
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| 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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 3 Brief/Memorandum in Support filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. re #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10905283) 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, #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 Bard Peripheral, #11 Exhibit(s) D-5 Citation Issued C. R. Bard, Inc., #12 Exhibit(s) D-6 Citation Issued McKesson, #13 Exhibit(s) D-7 Status Conference Order, #14 Exhibit(s) D-8 Affidavit of Service McKinnson, #15 Exhibit(s) D-9 Return of Service - C. R. Bard, #16 Exhibit(s) D-10 Status Conference Order, #17 Exhibit(s) D-11 Return of Service - Bard Peripheral) (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
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