Mack v. C R Bard Inc et al
Maurice Mack |
Does 1 Through 100 Inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular, Inc. |
1:2020cv03657 |
September 3, 2020 |
US District Court for the Northern District of Georgia |
Eleanor L Ross |
Personal Inj. Prod. Liability |
28 U.S.C. § 1332 |
Both |
Docket Report
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 denying #41 Motion to Stay. The Court DIRECTS the Clerk to ADMINISTRATIVELY CLOSE this case. The Parties shall file a stipulation of dismissal upon finalization of the settlement documents. If settlement fails, the Parties should promptly move to reopen the case. Signed by Judge Eleanor L. Ross on 10/20/2020. (jpk) |
Civil Case Terminated. (jpk) |
Filing 41 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) Modified on 10/19/2020 to edit text (jpk). |
Filing 40 Withdrawal of Motion #2 MOTION to Dismiss for Lack of Jurisdiction filed by C R Bard Inc, Bard Peripheral Vascular, Inc. filed by Bard Peripheral Vascular, Inc., C R Bard Inc. (Moore, Jennifer) |
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) |
APPROVAL by Clerks Office re: #38 APPLICATION for Admission of Steven S. Schulte Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10166793).. Attorney Steven S. Schulte added appearing on behalf of Maurice Mack (cdg) |
MINUTE ORDER (by docket entry only) GRANTING #38 Application for Admission Pro Hac Vice of Steven S Schulte. Approved by District Judge Eleanor L. Ross on 9/22/20. 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.(mlb) |
Clerk's Certificate of Mailing (via email) to Attorney Steven S. Schulte as to Maurice Mack regarding Order on Application for Admission PHV. (mlb) |
Filing 38 APPLICATION for Admission of Steven S. Schulte Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10166793).by Maurice Mack. (Zinns, Sharon) Documents for this entry are not available for viewing outside the courthouse. |
Filing 37 NOTICE of Appearance by Sharon Jessica Zinns on behalf of Maurice Mack (Zinns, Sharon) |
Clerk's Entry of Dismissal APPROVING #36 Stipulation of Dismissal Without Prejudice as to Defendant McKesson Corporation ONLY pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii) (jpk) |
Filing 36 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 35 Certification of Consent to Substitution of Counsel. Lori Gail Cohen replacing attorney Jordan E. Jarreau and Melissa Dorman Matthews. (Cohen, Lori) |
Filing 34 NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb) |
Clerk's Certificate of Mailing to Attorneys Darren McDowell, Eric Martin Przybysz, Jordan E. Jarreau, Melissa Matthews and Steven Schulte as to Bard Peripheral Vascular, Inc., C R Bard Inc, Maurice Mack, McKesson Corporation regarding #34 Order. (mlb) |
Filing 33 NOTICE of Appearance by Marcella Coladangelo Ducca on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Ducca, Marcella) |
Filing 32 NOTICE of Appearance by Jennifer Brown Moore on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Moore, Jennifer) |
Filing 31 SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS Signed by Judge Thomas W. Thrash, Jr. on 09/01/2020. (aar) |
Filing 30 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02618. Original file certified copy of transfer order and docket sheet received. |
Filing 29 MEMORANDUM OPINION AND ORDER granting #23 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 Phyllis Bennett's case be severed and transferred to the Binghamton Division of the Northern District of New York (Civil case 3:20-cv-2612-S opened); b. Plaintiff Winifred Dean's case be severed and transferred to the Eastern Division of the Northern District of Illinois (Civil case 3:20-cv-2613-S opened); c. Plaintiff Keena Hodge's case be severed and transferred to the Chattanooga Division of the Eastern District of Tennessee (Civil case 3:20-cv-2614-S opened); d. Plaintiff Loretta Hunter's case be severed and transferred to the Western Division of the Northern District of Alabama (Civil case 3:20-cv-2615-S opened);e. Plaintiff Theresa Kerby's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2616-S opened); f. Plaintiff Richard Lawrence's case be severed and transferred to the Akron Division of the Northern District of Ohio (Civil case 3:20-cv-2617-S opened); g. Plaintiff Maurice Mack's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil case 3:20-cv-2618-S opened); and h. Plaintiff Cindy Oxenreider's case be severed and transferred to the Harrisburg Division of the Middle District of Pennsylvania (Civil case 3:20-cv-2619-S opened). Plaintiff Jose Reyes 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.] |
Filing 28 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 , #27 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
Filing 27 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Keena Hodge (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
Filing 26 ORDER: Pursuant to the parties' agreement, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Denise Shimonis's claims against Defendants. The parties shall bear their own costs. Party Denise Shimonis terminated. (Ordered by Judge Karen Gren Scholer on 8/19/2020) (axm) [Transferred from Texas Northern on 9/3/2020.] |
Filing 25 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 , #23 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
Filing 24 Brief/Memorandum in Support filed by Phyllis Bennett, Winifred Dean, Keena Hodge, Loretta Hunter, Theresa Kerby, Richard Lawrence, Maurice Mack, Cindy Oxenreider, Jose Reyes, Denise Shimonis re #23 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
Filing 23 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Phyllis Bennett, Winifred Dean, Keena Hodge, Loretta Hunter, Theresa Kerby, Richard Lawrence, Maurice Mack, Cindy Oxenreider, Jose Reyes, Denise Shimonis (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
Filing 22 Appendix in Support filed by Phyllis Bennett, Winifred Dean, Keena Hodge, Loretta Hunter, Theresa Kerby, Richard Lawrence, Maurice Mack, Cindy Oxenreider, Denise Shimonis 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 9/3/2020.] |
Filing 21 Brief/Memorandum in Support filed by Phyllis Bennett, Winifred Dean, Keena Hodge, Loretta Hunter, Theresa Kerby, Richard Lawrence, Maurice Mack, Cindy Oxenreider, Denise Shimonis 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 9/3/2020.] |
Filing 20 **DISREGARD - Duplicate filing.** Brief/Memorandum in Support filed by Phyllis Bennett, Winifred Dean, Keena Hodge, Loretta Hunter, Theresa Kerby, Richard Lawrence, Maurice Mack, Cindy Oxenreider, Denise Shimonis re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Attachments: #1 Proposed Order) (Schulte, Steven) Modified on 8/4/2020 (dsr). [Transferred from Texas Northern on 9/3/2020.] |
Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division filed by Phyllis Bennett, Winifred Dean, Keena Hodge, Loretta Hunter, Theresa Kerby, Richard Lawrence, Maurice Mack, Cindy Oxenreider, Denise Shimonis (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
Filing 18 RESPONSE AND OBJECTION filed by Phyllis Bennett, Winifred Dean, Keena Hodge, Loretta Hunter, Theresa Kerby, Richard Lawrence, Maurice Mack, Cindy Oxenreider, Jose Reyes, Denise Shimonis re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Phyllis Bennett, Winifred Dean, Keena Hodge, Loretta Hunter, Theresa Kerby, Richard Lawrence, Maurice Mack, Cindy Oxenreider, Jose Reyes, Denise Shimonis (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (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.] |
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 9/3/2020.] |
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.] |
Filing 13 MOTION for Extension of Time to File Response/Reply to #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction filed by Phyllis Bennett, Winifred Dean, Keena Hodge, Loretta Hunter, Theresa Kerby, Richard Lawrence, Maurice Mack, Cindy Oxenreider, Jose Reyes, Denise Shimonis (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
Filing 8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
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 9/3/2020.] |
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 Rutherford). 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.. (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Matthews, Melissa) [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 for Lack of Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10912048) 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, #4 Exhibit(s) B - McKesson Corporation, #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 to Bard Peripheral Vascular, Inc., #11 Exhibit(s) D-5 - Citation Issued to C.R. Bard, #12 Exhibit(s) D-6 - Citation Issued to McKesson Corp., #13 Exhibit(s) D-7 - Affidavit of Service - McKesson, #14 Exhibit(s) D-8 - Return of Service - C.R.Bard, #15 Exhibit(s) D-9 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
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