Barnes v. C R Bard Inc et al
| Arnetha Barnes |
| C R Bard Incorporated, Does 1 Through 100 Inclusive, McKesson Corporation and Bard Peripheral Vascular, Inc. |
| 1:2020cv03550 |
| August 27, 2020 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Steven D Grimberg |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 19, 2020. A more recent docket listing may be available from PACER.
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Filing 47
ORDER granting #46 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. Signed by Judge Steven D. Grimberg on 10/19/2020. (jed)
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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) |
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ORDER denying as moot #2 Motion to Dismiss. Ordered by Judge Steven D. Grimberg on October 5, 2020. (ash)
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ORDER denying as moot #8 Motion to Dismiss. Ordered by Judge Steven D. Grimberg on October 5, 2020. (ash)
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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 #42 Application for Admission Pro Hac Vice Steven S. Schulte as to Arnetha Barnes. Signed by Judge Steven D. Grimberg on 9/29/2020. 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.(bdb)
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| Clerk's Certificate of Mailing as to Arnetha Barnes re #44 Order on Application for Admission PHV to: Steven S. Schulte. (bdb) |
| Refund in the amount of $150.00 has been processed, effective 9/28/2020 in response to Clerks Action on Application for Refund of Fees paid online. (kns) |
| APPROVAL by Clerks Office re: #42 APPLICATION for Admission of Steven S. Schulte Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10166920).. Attorney Steven S. Schulte added appearing on behalf of Arnetha Barnes (nmb) |
| Clerks Approval re #43 Application for Refund of Fees paid online. (mec) |
| Filing 43 Application for Refund of Fees paid online through Pay.gov for receipt number AGANDC-10166890. (Zinns, Sharon) |
| Filing 42 APPLICATION for Admission of Steven S. Schulte Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10166920).by Arnetha Barnes. (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 Arnetha Barnes (Zinns, Sharon) |
| Filing 40 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Eric Martin Przybysz. Clerk to follow-up by 9/21/2020. (cdg) |
| Filing 39 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Darren McDowell. Clerk to follow-up by 9/21/2020. (cdg) |
| Filing 38 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Steven S. Schulte. Clerk to follow-up by 9/21/2020. (cdg) |
| Filing 37 Certification of Consent to Substitution of Counsel. Allison Ng replacing attorney Melissa Dorman Matthews; Jordan E. Jarreau and Jessica Junek. (Ng, Allison) |
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Filing 36
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 #35 Stipulation of Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii) Without Prejudice as to Defendant McKesson Corporation. (bdb) |
| Filing 35 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 34 CERTIFICATE of Compliance (Ducca, Marcella) |
| Filing 33 NOTICE of Appearance by Marcella Coladangelo Ducca on behalf of Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation (Ducca, Marcella) |
| Filing 32 CERTIFICATE of Compliance (Cohen, Lori) |
| Filing 31 NOTICE of Appearance by Lori Gail Cohen on behalf of Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation (Cohen, Lori) |
| Filing 30 CERTIFICATE of Compliance (Moore, Jennifer) |
| Filing 29 NOTICE of Appearance by Jennifer Brown Moore on behalf of Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation (Moore, Jennifer) |
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Filing 28
STANDING ORDER Regarding Civil Litigation. Signed by Judge Steven D. Grimberg on August 28, 2020. (ash)
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Filing 27
SIXTH 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 08/03/2020. (aar)
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| Filing 26 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02532. Original file certified copy of transfer order and docket sheet received. |
| Submission of #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, to District Judge Steven D. Grimberg. (aar) |
| Clerk's Certificate of Mailing as to Bard Peripheral Vascular, Inc., Arnetha Barnes, C R Bard Incorporated, McKesson Corporation re #27 Order. (aar) |
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Filing 25
MEMORANDUM OPINION AND ORDER grants #19 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 Arnetha Barnes's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil case 3:20-cv-2532 opened); b. Plaintiff Linda Cabrera's case be severed and transferred to the Southern Division of Central District of California (Civil case 3:20-cv-2533 opened); c. Plaintiff Deborah Chromy's case be severed and transferred to the San Diego Division of the Southern District of California (Civil case 3:20-cv-2534 opened); d. Plaintiff Galen Head's case be severed and transferred to the Johnstown Division of the Western District of Pennsylvania (Civil case 3:20-cv-2535 opened); e. Plaintiff Patricia Hill's case be severed and transferred to the Eastern Division of the Central District of California (Civil case 3:20-cv-2536 opened); f. Plaintiff Kathy Maldonado's case be severed and transferred to the Wilkes-Barre Division of the Middle District of Pennsylvania (Civil case 3:20-cv-2537 opened); g. Plaintiff McGarrick Powell's case be severed and transferred to the Northern Division of the Middle District of Alabama (Civil case 3:20-cv-2538 opened); h. Plaintiff Douglas Smith's case be severed and transferred to the Savannah Division of the Southern District of Georgia (Civil case 3:20-cv-2540 opened). Plaintiff Jacqueline Henry is the sole plaintiff with any connection to this form. Accordingly, she shall remain in the Dallas Division of the Northern District of Texas. (Ordered by Judge Karen Gren Scholer on 8/26/2020) (jmg) [Transferred from Texas Northern on 8/27/2020.]
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Filing 24
ORDER: The Comt DISMISSES WITHOUT PREJUDICE Plaintiff Amalya Brosell-Christy's claims against Defendants. The parties shall bear their own costs. Party Amalya Brosell-Christy terminated. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (axm) [Transferred from Texas Northern on 8/27/2020.]
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| Filing 23 Supplemental RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) Modified title on 8/25/2020 (awc). [Transferred from Texas Northern on 8/27/2020.] |
| Filing 22 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) [Transferred from Texas Northern on 8/27/2020.] |
| Filing 21 Appendix in Support filed by Arnetha Barnes, Amalya Brosell-Christy, Linda Cabrera, Deborah Chromy, Galen Head, Patricia Hill, Kathy Maldonado, McGarrick Powell, Douglas Smith re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from Texas Northern on 8/27/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Arnetha Barnes, Amalya Brosell-Christy, Linda Cabrera, Deborah Chromy, Galen Head, Patricia Hill, Kathy Maldonado, McGarrick Powell, Douglas Smith re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from Texas Northern on 8/27/2020.] |
| Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by Arnetha Barnes, Amalya Brosell-Christy, Linda Cabrera, Deborah Chromy, Galen Head, Patricia Hill, Kathy Maldonado, McGarrick Powell, Douglas Smith (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/27/2020.] |
| Filing 18 RESPONSE AND OBJECTION filed by Arnetha Barnes, Amalya Brosell-Christy, Linda Cabrera, Deborah Chromy, Galen Head, Jacqueline Henry, Patricia Hill, Kathy Maldonado, McGarrick Powell, Douglas Smith re: #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/27/2020.] |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from Texas Northern on 8/27/2020.] |
| Filing 16 NOTICE of Filling Completed Forms For Each Plaintiff filed by Arnetha Barnes, Amalya Brosell-Christy, Linda Cabrera, Deborah Chromy, Galen Head, Jacqueline Henry, Patricia Hill, Kathy Maldonado, McGarrick Powell, Douglas Smith (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/27/2020.] |
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Filing 15
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 8/27/2020.]
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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 8/27/2020.]
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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 Arnetha Barnes, Amalya Brosell-Christy, Linda Cabrera, Deborah Chromy, Galen Head, Jacqueline Henry, Patricia Hill, Kathy Maldonado, McGarrick Powell, Douglas Smith (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/27/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) [Transferred from Texas Northern on 8/27/2020.] |
| 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 8/27/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from Texas Northern on 8/27/2020.] |
| 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 8/27/2020.] |
| 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 8/27/2020.] |
| Filing 7 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. (hml) [Transferred from Texas Northern on 8/27/2020.] |
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Filing 6
ELECTRONIC ORDER: Civil action number 3:20-CV-1533-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 6/11/2020) (ctf) [Transferred from Texas Northern on 8/27/2020.]
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| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Junek, Jessica) [Transferred from Texas Northern on 8/27/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Junek, Jessica) [Transferred from Texas Northern on 8/27/2020.] |
| 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 8/27/2020.] |
| 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 8/27/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10907794) 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 Plaintffs' Original Petition, #9 Exhibit(s) D-3 Civil 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) C-6 Citation Issued McKisson, #13 Exhibit(s) D-7 Affidavif of Servce - McKesson, #14 Exhibit(s) D-8 Executed Return of Service - C.R. Bard Inc., #15 Exhibit(s) D-9 Executed Return of Service - Bard Peripheral) (Junek, Jessica) [Transferred from Texas Northern on 8/27/2020.] |
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