Ateman v. CR Bard Inc et al
| Johnetta Ateman |
| Bard Peripheral Vascular Inc, CR Bard Inc, McKesson Corporation and Does 1 through 100 Inclusive |
| 1:2020cv01298 |
| August 18, 2020 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| Sara Darrow |
| Jonathan E Hawley |
| James E Shadid |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 25, 2020. A more recent docket listing may be available from PACER.
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| Filing 36 AMENDED COMPLAINT against Bard Peripheral Vascular Inc, CR Bard Inc, filed by Johnetta Ateman.(KB, ilcd) |
TEXT ORDER granting #35 the Plaintiff's Motion for Leave to File First Amended Complaint. The Clerk is directed to docket the Plaintiff's proposed First Amended Complaint for Damages and Demand for Jury Trial [35-1] attached to the Motion. Entered by Magistrate Judge Jonathan E. Hawley on 9/25/2020. (KZ, ilcd)
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| Filing 35 MOTION for Leave to File Plaintiff's First Amended Complaint by Plaintiff Johnetta Ateman. Responses due by 10/8/2020 (Attachments: #1 Exhibit Plaintiff's First Amended Complaint, #2 Text of Proposed Order)(Schulte, Steven) |
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TEXT ORDER Entered by Magistrate Judge Jonathan E. Hawley on 9/24/20. The Rule 16 Scheduling conference set for 9/25/20 is vacated as the case was stayed on 9/18/20. (ED, ilcd)
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| Case Stayed. (ED, ilcd) |
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TEXT ORDER granting #34 the Joint Motion for Temporary Stay. The parties are directed to file a status report by 12/17/2020. Entered by Magistrate Judge Jonathan E. Hawley on 9/18/2020. (KZ, ilcd)
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| Filing 34 Joint MOTION to Stay by Defendants Bard Peripheral Vascular Inc, CR Bard Inc. Responses due by 10/1/2020 (Elster, Jason) |
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TEXT ORDER entered by Chief Judge Sara Darrow on September 15, 2020. The parties have filed a #32 Joint Stipulation for Dismissal Without Prejudice as to Defendant McKesson Corporation which purports to dismiss this case against McKesson Corporation without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The stipulation is not effective to dismiss the claims against McKesson Corporation. First, the stipulation is signed by "Attorneys for Plaintiff Dolores Hathaway" even though Johnetta Ateman is the plaintiff in this case. And second, the Seventh Circuit has explained that "Rule 41(a) should be limited to dismissal of an entire action." Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015). Here, the parties are attempting to use Rule 41(a) to dismiss only one party. The Seventh Circuit suggests construing a voluntary dismissal of one party as a motion to amend the complaint under Rule 15(a)(2). Id. at 858. Rule 15(a)(2) allows a court to give a party leave to amend its complaint and provides that such leave should be "freely give[n]... when justice so requires." Fed. R. Civ. P. 15(a)(2). Because the #32 stipulation is not signed by the appropriate parties, the Court will not construe it as a motion to amend. Instead, Plaintiff may file a motion to amend the complaint to omit any claims against McKesson Corporation. The proposed amended complaint should be attached as an exhibit to the motion. See CDIL-LR 7.1(F). (AK, ilcd)
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TEXT ORDER granting #31 Motion to Withdraw as Attorney. Attorney Melissa Dorman Matthews; Jordan E Jarreau and Jessica Junek terminated as counsel in this matter. Entered by Magistrate Judge Jonathan E. Hawley on 9/11/20. (WG, ilcd)
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| Filing 33 NOTICE of Appearance of Attorney by Michael Thomas Baier on behalf of Bard Peripheral Vascular Inc, CR Bard Inc, McKesson Corporation (Baier, Michael) |
| Filing 32 STIPULATION - Joint Stipulation of Dismissal Without Prejudice as to Defendant McKesson Corporation by Bard Peripheral Vascular Inc, CR Bard Inc, McKesson Corporation.. (Elster, Jason) |
| Filing 31 MOTION to Withdraw as Attorney by Defendants Bard Peripheral Vascular Inc, CR Bard Inc, McKesson Corporation. Responses due by 9/24/2020 (Elster, Jason) |
| Filing 30 NOTICE of Appearance of Attorney by Jason B Elster on behalf of Bard Peripheral Vascular Inc, CR Bard Inc, McKesson Corporation (Elster, Jason) |
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Filing 29
TEXT ORDER: This case is set for a Rule 16 scheduling conference before Magistrate Judge Jonathan E. Hawley on 9/25/2020 at 10:30 AM via telephone. Counsel are to phone into conference by calling 571-353-2300, then enter 287753270#. Please announce your name each time prior to speaking unless the judge asks a question directly to you so that the speaker may be identified by all. A discovery plan pursuant to Fed. R. Civ. P. 26(f)(3) shall be filed on or before 9/22/2020. The parties may, but are not required to, follow the format of the sample discovery plan set forth as Attachment A to the standing order attached to this text order. The Discovery Plan event may be found in the CM/ECF system within the other Documents category. All counsel must read and be familiar with the standing order attached to this text order prior to their Rule 26(f) planning meeting. Entered by Magistrate Judge Jonathan E. Hawley on 8/19/2020. (WG, ilcd)
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TEXT ORDER of RECUSAL. Judge James E. Shadid disqualifies and recuses himself from participation in this matter pursuant to 28 U.S.C. 455(b)(2). Pursuant to instructions from Chief Judge Sara Darrow, this case is reassigned to Chief Judge Sara Darrow for all further proceedings. Entered by Chief Judge Sara Darrow on 8/19/2020. (TK, ilcd) Modified on 8/19/2020 for clarification (TK, ilcd).
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| Filing 28 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02209. . |
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Filing 27
MEMORANDUM OPINION AND ORDER granting #24 Unopposed Amended Motion to Sever and Transfer Venue of Out-of-State Plaintiff' Cases. The Court directs the Clerk of the Court to sever and transfer this action as follows: a. Plaintiff Johnetta Ateman case be severed and transferred to the Peoria Division of the Central District of Illinois (Civil case 3:20-cv-2209-S opened); b. Plaintiff Ronald Girardin case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2210-S opened); c. Plaintiff Kyla Ferguson's case be severed and transferred to the Kansas City Division of the Western District of Missouri (Civil case 3:20-cv-2211-S opened); d. Plaintiff Shirley Hasselle's case be severed and transferred to the Jackson Division of the Southern District of Mississippi (Civil case 3:20-cv-2212-S opened);e. Plaintiff Kimberly Kennebrew's case be severed and transferred to the Binghamton Division of the Northern District of New York (Civil case 3:20-cv-2213-S opened);f. Plaintiff Angie Lewis's case be severed and transferred to the Savannah of the Southern District of Georgia (Civil case 3:20-cv-2214-S opened);g. Plaintiff Carl Martin's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (Civil case 3:20-cv-2215-S opened);h. Plaintiff Harry Stoner's case be severed and transferred to the Erie Division of the Western District of Pennsylvania (Civil case 3:20-cv-2216-S opened);i. Plaintiff Steve Urevith's case be severed and transferred to the Southern District of New York (Civil case 3:20-cv-2217-S opened); (Ordered by Judge Karen Gren Scholer on 8/17/2020) (axm)
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| Filing 26 RESPONSE filed by Bard Peripheral Vascular Incorporated, CR Bard Inc re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #24 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) |
| Filing 25 Brief/Memorandum in Support filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith re #24 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) |
| Filing 24 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
| Filing 23 RESPONSE filed by Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) |
| Filing 22 Appendix in Support filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) |
| Filing 21 Brief/Memorandum in Support filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) |
| Filing 20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith (Schulte, Steven) |
| Filing 19 RESPONSE filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith re: #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) |
| Filing 18 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Incorporated, CR Bard Inc, Does 1 through 100 Inclusive, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith (Attachments: #1 Exhibit(s)) (Schulte, Steven) |
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Filing 16
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)
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Filing 15
ELECTRONIC ORDER: The Court grants the parties' Agreed Motion for Extension of Time. (Ordered by Judge Karen Gren Scholer on 7/1/2020) (ctf)
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| Filing 14 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 Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
| Filing 13 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction as Amended (Junek, Jessica) |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, CR Bard Inc (Junek, Jessica) |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) |
| 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) |
| 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) |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Junek, Jessica) (Main Document 7 replaced with flattened document on 6/11/2020) (awc). |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CR Bard Inc. (Junek, Jessica) (Main Document 6 replaced with flattened document on 6/11/2020) (awc). |
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Filing 5
ELECTRONIC ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer, for all further proceedings. Judge Ed Kinkeade no longer assigned to case. (Ordered by Judge Ed Kinkeade on 6/9/2020) (chmb)
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| 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) |
| Filing 2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by Bard Peripheral Vascular Inc, CR Bard Inc. (Junek, Jessica) |
| Filing 1 NOTICE OF REMOVAL filed by CR Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10897065) 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 - Portions of REACH Agreement (redacted), #4 Exhibit(s) B - McKesson, #5 Exhibit(s) C - 8-30-16 Romney, Kim Depositio, #6 Exhibit(s) D - Index of State 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 Inc, #11 Exhibit(s) D-5 Citation Issued to C.R. Bard, Inc., #12 Exhibit(s) D-6 Citation Issued to McKesson, #13 Exhibit(s) D-7 Executed 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) (Junek, Jessica) Modified Docket Text on 6/9/2020 (oyh). |
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