Foster v. C R Bard Inc et al
| Kenwann Foster |
| C R Bard Incorporated, Bard Peripheral Vascular Incorporated, McKesson Corporation and Does 1 Through 100 Inclusive |
| 1:2020cv03464 |
| August 21, 2020 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Amy Totenberg |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 16, 2020. A more recent docket listing may be available from PACER.
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Filing 46
ORDER: The Court ORDERS that the Motion is GRANTED and all deadlines and proceedings in this civil action are stayed for one hundred twenty (120) days fro the date of entry of this order. The Motions to Dismiss #3 and #8 are DENIED AS MOOT WITHOUT PREJUDICE. In the event the stay is lifted, the deadline for Defendants to answer the complaint is 14 days from the date of entry of an Order lifting the stay. The Clerk is DIRECTED to ADMINISTRATIVELY CLOSE this action. The Clerk is DIRECTED to resubmit this matter upon the earlier filing of a status report or motion to reopen, or 120 from he date of entry of this order. Signed by Judge Amy Totenberg on 10/16/20. (rlb)
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| Civil Case Terminated. (rlb) |
| Submission of #45 Joint MOTION to Stay Joint Motion to Temporarily Stay Discovery, to District Judge Amy Totenberg. (rlb) |
| Filing 45 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) |
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Filing 44
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 43 CERTIFICATE of Compliance (Ng, Allison) |
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ORDER, by docket entry only, granting #42 Application for Admission Pro Hac Vice. By Judge Amy Totenberg on 9/25/20. 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.(hfm)
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| APPROVAL by Clerks Office re: #42 APPLICATION for Admission of Steven S. Schulte Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10166687).. Attorney Steven S. Schulte added appearing on behalf of Kenwann Foster (nmb) |
| Filing 42 APPLICATION for Admission of Steven S. Schulte Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10166687). with Brief In Support by Kenwann Foster. (Zinns, Sharon) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 41 NOTICE of Appearance by Sharon Jessica Zinns on behalf of Kenwann Foster (Zinns, Sharon) |
| Filing 40 Certification of Consent to Substitution of Counsel. Allison Ng replacing attorney Jordan E. Jarreau and Melissa Dorman Matthews. (Ng, Allison) |
| Filing 39 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) |
| 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) |
| 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 Eric Martin Przybysz. 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) |
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Filing 34
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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| Clerk's Entry of Dismissal APPROVING #33 Stipulation of Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii) as to Defendant McKesson Corporation only. (rjs) |
| Filing 33 STIPULATION of Dismissal Joint Stipulation for Dismissal Without Prejudice as to Defendant McKesson Corporation by Bard Peripheral Vascular Incorporated, C R Bard Incorporated, McKesson Corporation. (Moore, Jennifer) |
| Filing 32 CERTIFICATE of Compliance (Ducca, Marcella) |
| Filing 31 NOTICE of Appearance by Marcella Coladangelo Ducca on behalf of Bard Peripheral Vascular Incorporated, C R Bard Incorporated, McKesson Corporation (Ducca, Marcella) |
| Filing 30 CERTIFICATE of Compliance (Moore, Jennifer) |
| Filing 29 NOTICE of Appearance by Jennifer Brown Moore on behalf of Bard Peripheral Vascular Incorporated, C R Bard Incorporated, McKesson Corporation (Moore, Jennifer) |
| Filing 28 CERTIFICATE of Compliance (Cohen, Lori) |
| Filing 27 NOTICE of Appearance by Lori Gail Cohen on behalf of Bard Peripheral Vascular Incorporated, C R Bard Incorporated, McKesson Corporation (Cohen, Lori) |
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Filing 26
STANDING ORDER: GUIDELINES TO PARTIES AND COUNSEL PROCEEDING BEFORE THE HONORABLE AMY TOTENBERG. You are required to sign and file a Certificate of Compliance in a format consistent with the Certificate of Compliance attached hereto. To request to file material under seal, the Parties should follow the mechanism described in Section II(J) of Appendix H to the Court's Local Civil Rules. Signed by Judge Amy Totenberg on 8/24/2020. (bnp)
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| Clerk's Certificate of Mailing as to attorney Steven S. Schulte re #26 Order. (bnp) |
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Filing 25
6th Amended Court ORDER Signed by Judge Thomas W. Thrash, Jr. on 08/03/2020. (aar)
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| Filing 24 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02372. Original file certified copy of transfer order and docket sheet received. |
| Clerk's Certificate of Mailing re #25 6th amended court Order. (aar) |
| Submission of #3 MOTION to Dismiss for Lack of Jurisdiction , #8 MOTION to Dismiss for Lack of Jurisdiction , to District Judge Amy Totenberg. (aar) |
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Filing 23
MEMORANDUM OPINION AND ORDER granting #17 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 Edna Barnes's case be severed and transferred to the Jackson Division of the Western District of Tennessee (Civil case 3:20-cv-2370); b. Plaintiff Joland Brown's case be severed and transferred to the New Orleans Division of the Eastern District of Louisiana (Civil case 3:20-cv-2371 opened); c. Plaintiff Kenwann Foster's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil case 3:20-cv-2372 opened); d. Plaintiff Duron Hebron's case be severed and transferred to the Chicago Division of the Northern District of Illinois (Civil case 3:20-cv-2373 opened); e. Plaintiff Tameka McClamy's case be severed and transferred to the Philadelphia Division of the Eastern District of Pennsylvania (Civil case 3:20-cv-2374 opened); f. Plaintiff Elizabeth Olson's case be severed and transferred to the Madison Division of the Western District of Wisconsin (Civil case 3:20-cv-2375 opened); g. Plaintiff Jimmy Sullivan's case be severed and transferred to the Chattanooga Division of the Eastern District of Tennessee (Civil case 3:20-cv-2376 opened); h. Plaintiff Krista Umholtz's case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil case 3:20-cv-2377 opened); i. Plaintiff Lunell Will's case be severed and transferred to the Benton Division of the Southern District of Illinois (Civil case 3:20-cv-2378 opened). Plaintiff Carlos Martinez 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 8/19/2020) (jmg) [Transferred from Texas Northern on 8/21/2020.]
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| Filing 22 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 21 NOTICE of Filing Completed Forms for Each Plaintiff re: #20 Order, filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) Exhibit A) (Matthews, Melissa) [Transferred from Texas Northern on 8/21/2020.] |
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Filing 20
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 8/10/2020. (Ordered by Judge Karen Gren Scholer on 8/3/2020) (oyh) [Transferred from Texas Northern on 8/21/2020.]
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| Filing 19 Appendix in Support filed by Edna Barnes, Joland Brown, Kenwann Foster, Duron Hebron, Carlos Martinez, Tameka McClamy, Elizabeth Olson, Jimmy Sullivan, Krista Umholtz, Lunell Will re #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 18 Brief/Memorandum in Support filed by Edna Barnes, Joland Brown, Kenwann Foster, Duron Hebron, Carlos Martinez, Tameka McClamy, Elizabeth Olson, Jimmy Sullivan, Krista Umholtz, Lunell Will re #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Edna Barnes, Joland Brown, Kenwann Foster, Duron Hebron, Carlos Martinez, Tameka McClamy, Elizabeth Olson, Jimmy Sullivan, Krista Umholtz, Lunell Will (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 16 RESPONSE filed by Edna Barnes, Joland Brown, Kenwann Foster, Duron Hebron, Carlos Martinez, Tameka McClamy, Elizabeth Olson, Jimmy Sullivan, Krista Umholtz, Lunell Will re: #8 MOTION to Dismiss for Lack of Jurisdiction , #3 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 15 NOTICE of Filing Completed Forms For Each Plaintiff filed by Edna Barnes, Joland Brown, Kenwann Foster, Duron Hebron, Carlos Martinez, Tameka McClamy, Elizabeth Olson, Jimmy Sullivan, Krista Umholtz, Lunell Will (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
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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 8/21/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #8 MOTION to Dismiss for Lack of Jurisdiction , #3 MOTION to Dismiss for Lack of Jurisdiction filed by Edna Barnes, Joland Brown, Kenwann Foster, Duron Hebron, Carlos Martinez, Tameka McClamy, Elizabeth Olson, Jimmy Sullivan, Krista Umholtz, Lunell Will (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
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Filing 12
ELECTRONIC ORDER: Civil action numbers 3:20-CV-1499-X; 3:20-CV-1469-X; 3:20-CV-1566-X; and 3:20-CV-1500-X are hereby transferred to the docket of the Honorable Karen Gren Scholer and shall henceforth carry the suffix letter "S". (Ordered by Judge Brantley Starr on 6/19/2020) (ctf) [Transferred from Texas Northern on 8/21/2020.]
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| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 8 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 7 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 4 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, C R Bard Inc re #3 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.] |
| 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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10900935) 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 2020-06-04 State Court Docket, #8 Exhibit(s) D-2 2020-04-06 Original Petition, #9 Exhibit(s) D-3 2020-04-06 Jury Demand, #10 Exhibit(s) D-4 2020-04-06 Citation Issued - Bard Peripheral Vascular Inc., #11 Exhibit(s) D-5 2020-04-06 Citation Issued - C.R. Bard, Inc., #12 Exhibit(s) D-6 2020-04-06 Citiation Issued - McKesson Corp, #13 Exhibit(s) D-7 2020-04-06 Civil Case Info Sheet, #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 Inc.) (Jarreau, Jordan) Modified on 6/9/2020 (aaa). [Transferred from Texas Northern on 8/21/2020.] |
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