Orr v. C. R. Bard, Inc. et al
| Paula Orr |
| Bard Peripheral Vascular Inc., McKesson Corporation, C. R. Bard, Inc. and Does 1 through 100 inclusive |
| 1:2020cv00359 |
| August 19, 2020 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| LESLIE E KOBAYASHI |
| ROM TRADER |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on January 15, 2021. A more recent docket listing may be available from PACER.
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| COURT'S CERTIFICATE of Service - a copy of ECF No. #39 JOINT STIPULATION AND ORDER TO STAY PROCEEDINGS has been served by First Class Mail to Eric Martin Przybysz, Esq., Darren McDowell, Esq. and Steven Scott Schulte, Esq. at the addresses of record on October 7, 2020. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, ) |
Filing 39
JOINT STIPULATION AND ORDER TO STAY PROCEEDINGS - Signed by JUDGE LESLIE E. KOBAYASHI. (emt, )
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| Filing 38 STIPULATION to Stay Proceedings & [Proposed] Order by Bard Peripheral Vascular Inc., C. R. Bard, Inc.. (Imanaka, Shauna) |
| COURT'S CERTIFICATE of Service - a copy of #36 ORDER GRANTING DEFENDANTS' MOTION FOR LEAVE TO WITHDRAW AND SUBSTITUTE COUNSEL and #37 JOINT STIPULATION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANT MCKESSON CORPORATION has been served by First Class Mail to the addresses of record on September 23, 2020. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, ) |
| Filing 37 JOINT STIPULATION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANT MCKESSON CORPORATION - Signed by JUDGE LESLIE E. KOBAYASHI. McKesson Corporation (a corporation ) terminated. (emt, ) |
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Filing 36
ORDER GRANTING DEFENDANTS' MOTION FOR LEAVE TO WITHDRAW AND SUBSTITUTE COUNSEL re #32 - Signed by JUDGE LESLIE E. KOBAYASHI on 9/22/2020. Attorneys Jordan E Jarreau and Melissa Dorman Matthews terminated. (emt, )
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| Filing 35 STIPULATION (Joint) for Voluntary Dismissal Without Prejudice by Bard Peripheral Vascular Inc., C. R. Bard, Inc., Does 1 through 100 inclusive, McKesson Corporation. (Imanaka, Shauna) |
| Filing 34 Corporate Disclosure Statement by McKesson Corporation. (Imanaka, Shauna) |
| Filing 33 Corporate Disclosure Statement by Bard Peripheral Vascular Inc., C. R. Bard, Inc.. (Imanaka, Shauna) |
| Filing 32 MOTION to Withdraw Counsel, MOTION to Substitute Attorney Shauna Etsuko Imanaka appearing for Defendants Bard Peripheral Vascular Inc., C. R. Bard, Inc., Does 1 through 100 inclusive, McKesson Corporation (Imanaka, Shauna) |
| Filing 31 NOTICE of Appearance by Shauna Etsuko Imanaka on behalf of Bard Peripheral Vascular Inc., C. R. Bard, Inc., Does 1 through 100 inclusive, McKesson Corporation . (Imanaka, Shauna) Modified on 9/23/2020 (emt, ). |
| Filing 30 EO: COURT ORDER SETTING BRIEFING SCHEDULEOn 6/9/2020 and 6/16/2020, Defendants filed a MOTION to Dismiss for Lack of Jurisdiction, Dkt. #2 and a MOTION to Dismiss Without Prejudice Plaintiffs Claims for Lack of Subject Matter Jurisdiction, Dkt. #10 .Court sets the following Motion hearing and briefing schedule:Opposition memorandum due: 10/30/2020.Reply memorandum due: 11/6/2020. Motion Hearing is set for 11/20/2020 at 09:45 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (JUDGE LESLIE E. KOBAYASHI) (afe) |
| COURT'S CERTIFICATE of Service - a copy of ECF No. 27 Notice of Case Assignment, ECF No. 28 Notice to Parties and ECF No. #29 Order Setting Status Conference has been served by First Class Mail to Darren McDowell, Esq., Eric Martin Przybysz, Esq., Jordan E. Jarreau, Esq., Melissa Dorman Matthews, Esq., and Steven Scott Schulte, Esq. at the addresses of record on August 24, 2020. Additionally, a copy of the Motion to Appear Pro Hac Vice and Declaration of Counsel Package (HID 007-007a) was included in the mailings to counsel. (emt, ) |
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Filing 29
ORDER SETTING STATUS CONFERENCE - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 8/20/2020. ( Status Conference - MJ is set for 11/23/2020 09:00 AM before MAGISTRATE JUDGE ROM TRADER.) (Attachments: #1 Memo from Clerk Re: Corporate Disclosures) (emt, )
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| Filing 28 NOTICE TO PARTIES: The Clerk of Court for the U.S. District Court, District of Hawaii gives notice of its receipt of the electronic case record for 3:20-cv-02288-S; Paula Orr vs. C.R. Bard, Inc., et al., transferred from the Northern District of Texas. Please be advised that U.S. District Judge Leslie E. Kobayashi and U.S. Magistrate Judge Rom A. Trader have been assigned to this case. Please reflect Civil Case Number CV 20-00359 LEK-RT on all further filings. Submission of Pro Hac Vice Applications: The parties may refer to LR83.1 of the Local Rules for the District of Hawaii with respect to the submission of applications for pro hac vice admittance and the designation of local counsel (a member in good standing of the bar of this court who maintains an office within this district). The "Motion to Appear Pro Hac Vice and Declaration of Counsel Package" (Form HID007-007a) is available on the court's website, www.hid.uscourts.gov (see "Forms", subsection "Miscellaneous"). The filing fee is $300 per attorney, per case. The Local Rules for the District of Hawaii and information concerning CM/ECF registration are available at www.hid.uscourts.gov. (emt, ) |
| Filing 27 NOTICE of Case Assignment: Please reflect Civil case number CV 20-00359 LEK-RT on all further pleadings. (emt, ) |
| Filing 26 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02288. Original file certified copy of transfer order and docket sheet received. |
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Filing 25
MEMORANDUM OPINION AND ORDER granting #21 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 Leonard Clark's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil case 3:20-cv-2284-S opened); b. Plaintiff Carolyn Eddlemon's case be severed and transferred to the Lexington Division of the Eastern District of Kentucky (Civil case 3:20-cv-2285-S opened); c. Plaintiff Sandra Fry's case be severed and transferred to the Kansas City Division of the Western District of Missouri (Civil case 3:20-cv-2286-S opened); d. Plaintiff Daniel Norris's case be severed and transferred to the Akron Division of the Northern District of Ohio (Civil case 3:20-cv-2287-S opened); e. Plaintiff Paula Orr's case be severed and transferred to the Honolulu Division of the District of Hawaii (Civil case 3:20-cv-2288-S opened); f. Plaintiff Josh Smith's case be severed and transferred to the Chattanooga Division of the Eastern District of Tennessee (Civil case 3:20-cv-2289-S opened); g. Plaintiff Mary Stoke's case be severed and transferred to the Pittsburgh Division of the Western District of Pennsylvania (Civil case 3:20-cv-2290-S opened); h. Plaintiff Kathlene Toft's case be severed and transferred to the Denver Division of the District of Colorado (Civil case 3:20-cv-2291-S opened); i. Plaintiff George Watts's case be severed and transferred to the Wilmington Division of the Eastern District of North Carolina (Civil case 3:20-cv-2292-S opened). Plaintiff Magdelena Macias 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 8/18/2020) (axm) [Transferred from Texas Northern on 8/19/2020.]
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| Filing 24 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 23 Appendix in Support filed by Leonard Clark, Carolyn Eddlemon, Sandra Fry, Magdalena Macias, Darrel Norris, Paula Orr, Josh Smith, Mary Stoke, Kathlene Toft, George Watts re #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 22 Brief/Memorandum in Support filed by Leonard Clark, Carolyn Eddlemon, Sandra Fry, Magdalena Macias, Darrel Norris, Paula Orr, Josh Smith, Mary Stoke, Kathlene Toft, George Watts re #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Leonard Clark, Carolyn Eddlemon, Sandra Fry, Magdalena Macias, Darrel Norris, Paula Orr, Josh Smith, Mary Stoke, Kathlene Toft, George Watts (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 20 RESPONSE filed by Leonard Clark, Carolyn Eddlemon, Sandra Fry, Magdalena Macias, Darrel Norris, Paula Orr, Josh Smith, Mary Stoke, Kathlene Toft, George Watts re: #2 MOTION to Dismiss for Lack of Jurisdiction , #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 19 NOTICE of Filing Completed Forms For Each Plaintiff filed by Leonard Clark, Carolyn Eddlemon, Sandra Fry, Magdalena Macias, Darrel Norris, Paula Orr, Josh Smith, Mary Stoke, Kathlene Toft, George Watts (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 18 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
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Filing 17
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) (mla) [Transferred from Texas Northern on 8/19/2020.]
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Filing 16
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 8/19/2020.]
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| Filing 15 MOTION for Extension of Time to File Response/Reply to #2 MOTION to Dismiss for Lack of Jurisdiction , #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by Leonard Clark, Carolyn Eddlemon, Sandra Fry, Magdalena Macias, Darrel Norris, Paula Orr, Josh Smith, Mary Stoke, Kathlene Toft, George Watts (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 14 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 14 replaced to flatten image on 6/16/2020) (dsr). [Transferred from Texas Northern on 8/19/2020.] |
| Filing 13 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 8/19/2020.] |
| Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 11 Brief/Memorandum in Support filed by McKesson Corporation re #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
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Filing 9
ORDER: This case is hereby TRANSFERRED to the docket of the Honorable Karen Gren Scholer. All future pleadings shall subsequently be filed under Civil Action No. 3:20-cv-01491-S. (Ordered by Chief Judge Barbara M. G. Lynn on 6/10/2020) (aaa) [Transferred from Texas Northern on 8/19/2020.]
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| Filing 8 AMENDED DOCUMENT by Bard Peripheral Vascular Inc. Amendment to #6 Cert. Of Interested Persons/Disclosure Statement. . (Matthews, Melissa) (Main Document 8 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/19/2020.] |
| Filing 7 AMENDED DOCUMENT by C R Bard Inc. Amendment to #5 Cert. Of Interested Persons/Disclosure Statement. . (Matthews, Melissa) (Main Document 7 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/19/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) (Main Document 6 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/19/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Matthews, Melissa) (Main Document 5 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/19/2020.] |
| Filing 4 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 3 Brief/Memorandum in Support filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc., Does 1 through 100 Inclusive, McKesson Corporation re #2 MOTION to Dismiss for Lack of Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc., Does 1 through 100 Inclusive, McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Does 1 through 100 Inclusive, C. R. Bard, Inc., McKesson Corporation, Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10899971) 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 - Jury Demand, #11 Exhibit(s) D-5 - Citation Issued to Bard Peripheral Vascular, Inc., #12 Exhibit(s) D-6 - Citation Issued to C.R. Bard, #13 Exhibit(s) D-7 - Citation Issued to McKesson Corp., #14 Exhibit(s) D-8 - Affidavit of Service - McKesson, #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 Vascular, Inc.) (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
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