Devries v. C R Bard Inc et al
| Karen Devries |
| McKesson Corporation, C R Bard Inc, Does1 Through 100 Inclusive and Bard Peripheral Vascular Inc |
| 1:2020cv01313 |
| September 3, 2020 |
| US District Court for the Central District of Illinois |
| Sara Darrow |
| Jonathan E Hawley |
| James E Shadid |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Filing 30 AMENDED COMPLAINT against Bard Peripheral Vascular Inc, C R Bard Inc, filed by Karen Devries.(Schulte, Steven) |
| Case Stayed. (ED, ilcd) |
TEXT ORDER granting #29 Joint Motion for Temporary Stay. The parties are directed to file a status report 90 days from today's date (12/21/2020). Entered by Magistrate Judge Jonathan E. Hawley on 9/21/2020. (KZ, ilcd)
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| Filing 29 Joint MOTION to Stay and Incorporated Memorandum in Support by Defendants Bard Peripheral Vascular Inc, C R Bard Inc. Responses due by 10/2/2020 (Hildebrand, Daniel) |
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TEXT ORDER granting #27 Motion to Substitute Attorney. Attorney Melissa Dorman Matthews, Jordan E Jarreau and Jessica Junek terminated as counsel in this case as new counsel has entered their appearance. Entered by Magistrate Judge Jonathan E. Hawley on 9/16/20. (WG, ilcd)
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| Filing 28 NOTICE of Appearance of Attorney by Michael Thomas Baier on behalf of Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Baier, Michael) |
| Filing 27 MOTION to Substitute Attorney, Melissa Dorman Matthews, Jessica Junek, and Jordan E. Jarreau to be replaced by Court, Lori G. Cohen, Daniel Hildebrand and Michael T. Baier, [Unopposed] by Defendants Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation. Responses due by 9/29/2020 (Hildebrand, Daniel) |
| Filing 26 NOTICE of Appearance of Attorney by Daniel G Hildebrand on behalf of Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Hildebrand, Daniel) |
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Text ORDER of Recusal. I hereby recuse myself from further proceedings in this case pursuant to 28 U.S.C. 455(c). Pursuant to the recusal procedures for the Central District of Illinois, this matter is reassigned to Chief Judge Sara Darrow for further proceedings. Entered by Judge James E. Shadid on 9/14/2020. (CG, ilcd)
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TEXT ONLY ORDER finding as moot Defendants' Motions #2 , #7 to Dismiss Out of State Plaintiffs' Claims for Lack of Personal Jurisdiction. If jurisdiction remains in dispute following the transfer of this action from the Northern District of Texas to this District, Defendants may file a renewed brief addressing those issues as they relate to this forum specifically. Entered by Judge James E. Shadid on 9/9/2020. (SJP, ilcd)
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| Filing 25 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02654. . |
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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)
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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)
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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). |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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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)
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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)
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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) |
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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)
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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) |
| Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) |
| Filing 9 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) |
| 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) |
| 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) |
| 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) |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Junek, Jessica) |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Junek, Jessica) |
| 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, C R Bard Inc (Junek, Jessica) |
| 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) |
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