Spangler v. C R Bard Inc et al
| Sharon Spangler |
| McKesson Corporation, C R Bard Inc, Does 1 Through 100 Inclusive and Bard Peripheral Vascular, Inc. |
| 1:2020cv03630 |
| September 2, 2020 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Thomas W Thrash |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on October 20, 2020. A more recent docket listing may be available from PACER.
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Filing 42
ORDER GRANTING #41 Joint Motion to Temporary Stay Discovery. It is therefore ORDERED that 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 Thomas W. Thrash, Jr. on 10/20/2020. (kt)
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| Filing 41 Joint MOTION to Stay Joint Motion to Temporarily Stay Discovery with Brief In Support by Bard Peripheral Vascular, Inc., C R Bard Inc. (Attachments: #1 Text of Proposed Order)(Moore, Jennifer) |
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Filing 40
ORDER DENYING AS MOOT #2 Motion to Dismiss, and DENYING AS MOOT #8 Motion to Dismiss. Signed by Judge Thomas W. Thrash, Jr. on 10/1/2020. (kt)
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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)
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Filing 38
ORDER granting #37 Application for Admission of Steven S. Schulte Pro Hac Vice. Signed by Judge Thomas W. Thrash, Jr. on 9/23/2020. 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: #37 APPLICATION for Admission of Steven S. Schulte Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10166859). Attorney Steven S. Schulte added appearing on behalf of Sharon Spangler (cdg) |
| Filing 37 APPLICATION for Admission of Steven S. Schulte Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10166859).by Sharon Spangler. (Zinns, Sharon) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 36 NOTICE of Appearance by Sharon Jessica Zinns on behalf of Sharon Spangler (Zinns, Sharon) |
| Filing 35 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Steven S. Schulte. Clerk to follow-up by 9/28/2020. (cdg) |
| Filing 34 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Darren McDowell. Clerk to follow-up by 9/28/2020. (cdg) |
| Filing 33 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Eric Martin Przybysz. Clerk to follow-up by 9/28/2020. (cdg) |
| Clerk's Entry of Dismissal APPROVING #32 Stipulation of Dismissal without prejudice as to defendant McKesson Corporation pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii). (kt) |
| Filing 32 STIPULATION of Dismissal Joint Stipulation for Dismissal Without Prejudice as to Defendant McKesson Corporation by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Moore, Jennifer) |
| Filing 31 Certification of Consent to Substitution of Counsel. Lori Gail Cohen replacing attorney Jordan E. Jarreau and Melissa Dorman Matthews. (Cohen, Lori) |
| Filing 30 NOTICE of Appearance by Marcella Coladangelo Ducca on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Ducca, Marcella) |
| Filing 29 NOTICE of Appearance by Jennifer Brown Moore on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Moore, Jennifer) |
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Filing 28
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 09/01/2020. (aar)
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| Filing 27 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02627. 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 Thomas W. Thrash Jr.. (aar) |
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Filing 26
MEMORANDUM OPINION AND ORDER Grants #20 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 Denise Cheeks's case be severed and transferred to the Alexandria Division of the Eastern District of Virginia (3:20-cv-2620 case opened); b. Plaintiff Stephanie McDade's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (3:20-cv-2621 case opened); c. Plaintiff Adrian Murray's case be severed and transferred to the Southern Division of the Western District of Missouri (3:20-cv-2622 case opened); d. Plaintiff Shai Payne's case be severed and transferred to the Eastern Division of the Eastern District of Missouri (3:20-cv-2623 case opened); e. Plaintiff Merline Salmon's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (3:20-cv-2624 case opened); f. Plaintiff Melvin Smith's case be severed and transferred to the Eastern Division of the Northern District of Alabama (3:20-cv-2625 case opened); g. Plaintiff Robin Smith's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (3:20-cv-2626); and h. Plaintiff Sharon Spangler's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (3:20-cv-2627 case opened). Plaintiff Sharon Lynch 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 8/31/2020) (mjr) [Transferred from Texas Northern on 9/2/2020.]
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Filing 25
ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Janice Newson's claims against Defendants. The parties shall bear their own costs. Party Janice Newson terminated. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (axm) [Transferred from Texas Northern on 9/2/2020.]
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| Filing 24 Supplemental RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #20 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 9/2/2020.] |
| Filing 23 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #20 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 22 Appendix in Support filed by Denise Cheeks, Stephanie McDade, Adrian Murray, Janice Newson, Shai Payne, Merline Salmon, Melvin Smith, Robin Smith, Sharon Spangler re #20 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 21 Brief/Memorandum in Support filed by Denise Cheeks, Stephanie McDade, Adrian Murray, Janice Newson, Shai Payne, Merline Salmon, Melvin Smith, Robin Smith, Sharon Spangler re #20 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 20 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division filed by Denise Cheeks, Stephanie McDade, Adrian Murray, Janice Newson, Shai Payne, Merline Salmon, Melvin Smith, Robin Smith, Sharon Spangler (Attachments: #1 Proposed Order) (Schulte, Steven) Modified on 8/26/2020 (ali). [Transferred from Texas Northern on 9/2/2020.] |
| Filing 19 RESPONSE AND OBJECTION filed by Denise Cheeks, Sharon Lynch, Stephanie McDade, Adrian Murray, Janice Newson, Shai Payne, Merline Salmon, Melvin Smith, Robin Smith, Sharon Spangler re: #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 18 **DISREGARD- incorrect case number.** RESPONSE AND OBJECTION filed by Denise Cheeks, Sharon Lynch, Stephanie McDade, Adrian Murray, Janice Newson, Shai Payne, Merline Salmon, Melvin Smith, Robin Smith, Sharon Spangler re: #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) Modified on 8/4/2020 (dsr). [Transferred from Texas Northern on 9/2/2020.] |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Denise Cheeks, Sharon Lynch, Stephanie McDade, Adrian Murray, Janice Newson, Shai Payne, Merline Salmon, Melvin Smith, Robin Smith, Sharon Spangler (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 16 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 9/2/2020.] |
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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 9/2/2020.]
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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 9/2/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #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 filed by Denise Cheeks, Sharon Lynch, Stephanie McDade, Adrian Murray, Janice Newson, Shai Payne, Merline Salmon, Melvin Smith, Robin Smith, Sharon Spangler (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 12 replaced with the document flattened on 6/18/2020) (pnp). [Transferred from Texas Northern on 9/2/2020.] |
| 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 9/2/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from Texas Northern on 9/2/2020.] |
| 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 9/2/2020.] |
| 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 9/2/2020.] |
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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 6/15/2020) (svc) [Transferred from Texas Northern on 9/2/2020.]
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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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Junek, Jessica) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Junek, Jessica) [Transferred from Texas Northern on 9/2/2020.] |
| 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 9/2/2020.] |
| 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 9/2/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10911897) 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 Jury Demand, #11 Exhibit(s) D-5 Citation Issued Bard Peripheral, #12 Exhibit(s) D-6 Citation Issued C.R. Bard Inc., #13 Exhibit(s) D-7 Citation Issued McKesson, #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 Notice of Initial Dismissal Hearing, #17 Exhibit(s) D-11 Return of Service - Bard Peripheral) (Junek, Jessica) [Transferred from Texas Northern on 9/2/2020.] |
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