Boulton v. C R Bard Inc et al
| Jeffrey Boulton |
| C R Bard Incorporated, McKesson Corporation, Does1 Through 100 Inclusive and Bard Peripheral Vascular, Inc. |
| 1:2020cv03650 |
| September 3, 2020 |
| US District Court for the Northern District of Georgia |
| Mark H Cohen |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| 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 40
ORDER granting #39 Motion to Stay, and 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). Signed by Judge Mark H. Cohen on 10/16/2020. (tcc)
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| Filing 39 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) Modified on 10/19/2020 to edit docket text (jpa). |
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Filing 38
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 37 Withdrawal of Motion #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by C R Bard Incorporated, Bard Peripheral Vascular, Inc. filed by Bard Peripheral Vascular, Inc., C R Bard Incorporated. (Moore, Jennifer) |
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MINUTE ORDER granting #36 Application for Admission Pro Hac Vice of Steven S. Schulte by CRD at the direction of the Court. Approved by Judge Mark H. Cohen on September 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.(lwb)
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| APPROVAL by Clerks Office re: #36 APPLICATION for Admission of Steven S. Schulte Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10166812).. Attorney Steven S. Schulte added appearing on behalf of Jeffrey Boulton (nmb) |
| Filing 36 APPLICATION for Admission of Steven S. Schulte Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10166812).by Jeffrey Boulton. (Zinns, Sharon) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 35 NOTICE of Appearance by Sharon Jessica Zinns on behalf of Jeffrey Boulton (Zinns, Sharon) |
| Filing 34 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 33 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 32 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 #30 Stipulation of Dismissal without prejudice as to Defendant McKesson Corporation pursuant to Fed.R.Civ.P.41(a)(1)(A)(i), with each party to bear its own costs. This dismissal does not toll or extend any applicable statute of limitations. (bjh) |
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Filing 31
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 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 Certification of Consent to Substitution of Counsel. Lori Gail Cohen replacing attorney Melissa Dorman Matthews; Jordan E. Jarreau and Jessica Junek. (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) |
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Filing 26
STANDING ORDER Regarding Civil Litigation. Signed by Judge Mark H. Cohen on 9/3/20. (bjh)
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| Filing 25 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02653. Original file certified copy of transfer order and docket sheet received. |
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Filing 24
MEMORANDUM OPINION AND ORDER granting #18 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 Lauren Alford's case be severed and transferred to the Southern Division of the Eastern District of Tennessee (Civil case 3:20-cv-2652-S); b. Plaintiff Jeffrey Boulton's case be severed and transferred to the Gainesville Division of the Northern District of Georgia (Civil case 3:20-cv-2653-S); c. Plaintiff Karen Devries's case be severed and transferred to the Peoria Division of the Central District of Illinois (Civil case 3:20-cv-2654-S); d. Plaintiff Nancy Lara's case be severed and transferred to the Western Division of the Central District of California (Civil case 3:20-cv-2655-S); e. Plaintiff Stephen Misner's case be severed and transferred to the San Diego Division of the Southern District of California (Civil case 3:20-cv-2656-S); f. Plaintiff Andrea Paprocki's case be severed and transferred to the Eastern Division of the Northern District of Illinois (Civil case 3:20-cv-2657-S); g. Plaintiff Anna Perkins's case be severed and transferred to the Eastern Division of the Northern District of Illinois (Civil case 3:20-cv-2658-S); and h. Plaintiff Jenny Russell's case be severed and transferred to Middle District of North Carolina (Civil case 3:20-cv-2659-S). Plaintiff William Hodges 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 8/31/2020) (axm) [Transferred from Texas Northern on 9/3/2020.]
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Filing 23
ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Demetria O'Quinn's claims against Defendants, The parties shall bear their own costs. Party Demetria O'Quinn terminated. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (axm) [Transferred from Texas Northern on 9/3/2020.]
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| Filing 22 Supplemental RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #18 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 9/3/2020.] |
| Filing 21 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #18 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 20 Appendix in Support filed by Lauren Alford, Jeffrey Boulton, Karen Devries, William Hodges, Nancy Lara, Stephen Misner, Demetria O'Quinn, Andrea Paprocki, Anna Perkins, Jenny Russell re #18 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 19 Brief/Memorandum in Support filed by Lauren Alford, Jeffrey Boulton, Karen Devries, Nancy Lara, Stephen Misner, Demetria O'Quinn, Andrea Paprocki, Anna Perkins, Jenny Russell re #18 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 18 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by Lauren Alford, Jeffrey Boulton, Karen Devries, Nancy Lara, Stephen Misner, Demetria O'Quinn, Andrea Paprocki, Anna Perkins, Jenny Russell (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 17 RESPONSE AND OBJECTION filed by Lauren Alford, Jeffrey Boulton, Karen Devries, William Hodges, Nancy Lara, Stephen Misner, Demetria O'Quinn, Andrea Paprocki, Anna Perkins, Jenny Russell re: #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| 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 9/3/2020.] |
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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 7/22/2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (oyh) [Transferred from Texas Northern on 9/3/2020.]
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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 9/3/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #7 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 Lauren Alford, Jeffrey Boulton, Karen Devries, William Hodges, Nancy Lara, Stephen Misner, Demetria O'Quinn, Andrea Paprocki, Anna Perkins, Jenny Russell (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
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Filing 12
ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge David C Godbey no longer assigned to case. (Ordered by Judge David C Godbey on 6/17/2020) (ndt) [Transferred from Texas Northern on 9/3/2020.]
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| 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 9/3/2020.] |
| Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 9 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 8 Brief/Memorandum in Support filed by McKesson Corporation re #7 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Junek, Jessica) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 7 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 9/3/2020.] |
| 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. (hml) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Junek, Jessica) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Junek, Jessica) [Transferred from Texas Northern on 9/3/2020.] |
| 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 9/3/2020.] |
| 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 9/3/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc.. (Filing fee $400; receipt number 0539-10908482) 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 - 8-20-16 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 Jury Demand, #11 Exhibit(s) D-5 Citation Issued C.R. Bard Inc., #12 Exhibit(s) D-6 Citation Issued Bard Peripheral, #13 Exhibit(s) D-7 Citation Issued McKesson, #14 Exhibit(s) D-8 Executed Affidavit of Service - McKisson, #15 Exhibit(s) D-9 Executed Return of Service - C. R. Bard, Inc., #16 Exhibit(s) D-9 Return of Service - Bard Peripheral) (Junek, Jessica) [Transferred from Texas Northern on 9/3/2020.] |
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