Flowers v. CR Bard Inc et al
| Sherry Flowers |
| CR Bard Inc, Bard Peripheral Vascular Incorporated, McKesson Corporation and Does 1 through 100 Inclusive |
| 1:2020cv04840 |
| August 18, 2020 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Sharon Johnson Coleman |
| Franklin U Valderrama |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Filing 43 MINUTE entry before the Honorable Sharon Johnson Coleman: In light of the reassignment to Judge Valderrama, telephonic status hearing set for 12/1/2020 is stricken. Mailed notice. (ym, ) |
| Filing 42 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 20-0027: Pursuant that to the Executive Committee Order entered on September 23, 2020 the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Franklin U. Valderrama; therefore IT IS HEREBY ORDERED that the attached list of 371 cases be reassigned to the Honorable Franklin U. Valderrama; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Franklin U. Valderrama's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Franklin U. Valderrama to the Court's civil case assignment system during the next business day, so that he shall receive a full share of such cases. Case reassigned to the Honorable Franklin U. Valderrama for all further proceedings. Honorable Sharon Johnson Coleman no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 9/28/2020.(docket8, ) |
| Filing 41 MINUTE entry before the Honorable Sharon Johnson Coleman: Defendants' joint motion for temporary stay #40 is granted. The Court enters a stay of all discovery pretrial deadlines to 11/23/2020. Telephonic status hearing is set for 12/1/2020 at 9:45 AM. The call-in number is (877)336-1829 and the access code is 5205245. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ym, ) |
| Filing 40 MOTION by Defendants Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation to stay - Joint Motion to Temporary Stay and Incorporated Memorandum of Law (Elster, Jason) |
| Filing 39 MINUTE entry before the Honorable Sharon Johnson Coleman: Defendants' unopposed motion to record withdrawal following transfer #34 is granted. Attorneys Jordan E Jarreau and Melissa Dorman Matthews terminated. Mailed notice. (ym, ) |
| Filing 38 MINUTE entry before the Honorable Sharon Johnson Coleman: Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), this case is dismissed without prejudice as to defendant McKesson Corporation only. Each party to bear its own costs. Mailed notice. (ym, ) |
| Filing 37 ATTORNEY Appearance for Defendants Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation by Christine Dulaney (Dulaney, Christine) |
| Filing 36 ATTORNEY Appearance for Defendants Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation by Michael Baier (Baier, Michael) |
| Filing 35 STIPULATION of Dismissal without Prejudice as to Defendant Mickesson Corporation (Elster, Jason) |
| Filing 34 MOTION by Defendants Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation to Record Withdrawal Following Transfer (Unopposed) (Elster, Jason) |
| Filing 33 ATTORNEY Appearance for Defendant McKesson Corporation by Jason B. Elster (Elster, Jason) |
| Filing 32 ATTORNEY Appearance for Defendants Bard Peripheral Vascular Incorporated, CR Bard Inc by Jason B. Elster (Elster, Jason) |
| Filing 31 MAILED Rule 83.15 Letter to all counsel of record. (bg, ) |
| Filing 30 RECEIVED from Texas Northern; Case Number 3:20-cv-02202 (bg) |
Filing 29
MEMORANDUM OPINION AND ORDER granting #24 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 John Boch's case be severed and transferred to the Flint Division of the Eastern District of Michigan (Civil case 3:20-cv-2200 opened); b. Plaintiff Bridgette Cherasard's case be severed and transferred to the Miami Division of the Southern District of Florida (Civil case 3:20-cv-2201 opened); c. Plaintiff Sherry Flowers's case be severed and transferred to the Eastern Division of the Northern District of Illinois (Civil case 3:20-cv-2202 opened); d. Plaintiff Kevin Haney's case be severed and transferred to the Spartanburg Division of the District of South Carolina (Civil case 3:20-cv-2203 opened); e. Plaintiff Dolores Hathaway's case be severed and transferred to the Benton Division of the Southern District of Illinois (Civil case 3:20-cv-2204 opened); f. Plaintiff Michelle Johnson's case be severed and transferred to the Alexandria Division of the Eastern District of Virginia (Civil case 3:20-cv-2205 opened); g. Plaintiff Trevor Sand's case be severed and transferred to the Green Bay Division of the Eastern District of Wisconsin (Civil case 3:20-cv-2206 opened); h. Plaintiff Edward Szymaszek's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (Civil case 3:20-cv-2207 opened); i. Plaintiff Fernando Lopez's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2208 opened). Plaintiff Marcus Delgado 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 8/17/2020) (jmg) [Transferred from Texas Northern on 8/18/2020.]
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| Filing 28 RESPONSE filed by Bard Peripheral Vascular Incorporated, CR Bard Inc re: #24 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 27 RESPONSE filed by Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation re: #24 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 26 Appendix in Support filed by John Boch, Bridgette Cherasard, Marcus Delgado, Sherry Flowers, Kevin Haney, Dolores Hathaway, Michelle Johnson, Fernando Lopez, Trevor Sand, Edward Szymaszek re #24 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 25 Brief/Memorandum in Support filed by John Boch, Bridgette Cherasard, Marcus Delgado, Sherry Flowers, Kevin Haney, Dolores Hathaway, Michelle Johnson, Fernando Lopez, Trevor Sand, Edward Szymaszek re #24 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 24 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by John Boch, Bridgette Cherasard, Marcus Delgado, Sherry Flowers, Kevin Haney, Dolores Hathaway, Michelle Johnson, Fernando Lopez, Trevor Sand, Edward Szymaszek (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 23 RESPONSE filed by John Boch, Bridgette Cherasard, Marcus Delgado, Sherry Flowers, Kevin Haney, Dolores Hathaway, Michelle Johnson, Fernando Lopez, Trevor Sand, Edward Szymaszek re: #2 MOTION to Dismiss for Lack of Jurisdiction , #11 Amended MOTION to Dismiss for Lack of Jurisdiction , #14 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 22 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 21 NOTICE of Filing Completed Forms For Each Plaintiff filed by John Boch, Bridgette Cherasard, Marcus Delgado, Sherry Flowers, Kevin Haney, Dolores Hathaway, Michelle Johnson, Fernando Lopez, Trevor Sand, Edward Szymaszek (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
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Filing 20
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 8/18/2020.]
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Filing 19
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 8/18/2020.]
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| Filing 18 MOTION for Extension of Time to File Response/Reply to #2 MOTION to Dismiss for Lack of Jurisdiction , #14 MOTION to Dismiss for Lack of Jurisdiction filed by John Boch, Bridgette Cherasard, Marcus Delgado, Sherry Flowers, Kevin Haney, Dolores Hathaway, Michelle Johnson, Fernando Lopez, Trevor Sand, Edward Szymaszek (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 17 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 16 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 15 Brief/Memorandum in Support filed by McKesson Corporation re #14 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 14 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 13 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, CR Bard Inc (Jarreau, Jordan) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 12 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, CR Bard Inc re #11 Amended MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 11 Amended MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, CR Bard Inc (Jarreau, Jordan) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 10 AMENDED CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CR Bard Inc. (Jarreau, Jordan) Modified title on 6/11/2020 (awc). [Transferred from Texas Northern on 8/18/2020.] |
| Filing 9 AMENDED CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) Modified title on 6/11/2020 (awc). [Transferred from Texas Northern on 8/18/2020.] |
| Filing 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CR Bard Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 6 ***DISREGARD PER ATTORNEY/INCORRECT DOCUMENT FILED***CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) Modified on 6/10/2020 (ykp). [Transferred from Texas Northern on 8/18/2020.] |
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Filing 5
ELECTRONIC ORDER: Civil action number 3:20-CV-1474-G is hereby transferred to the docket of the Honorable Karen Gren Scholer and shall henceforth carry the suffix letter "S". (Ordered by Senior Judge A. Joe Fish on 6/9/2020) (ctf) [Transferred from Texas Northern on 8/18/2020.]
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| 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. (oyh) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 3 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, CR Bard Inc re #2 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, CR Bard Inc (Jarreau, Jordan) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10896822) 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 page, #5 Exhibit(s) C - 8-30-16 Romney, Kim Deposition, #6 Exhibit(s) D-1 Index of State Docs, #7 Exhibit(s) D-2 Delgado - State Court Docket Sheet, #8 Exhibit(s) D-3 2020-04-07 - Plaintiffs' Original Petition, #9 Exhibit(s) D-4. 2020-04-07 - Civil Case Information Sheet, #10 Exhibit(s) D-5 2020-04-08 - Jury Demand, #11 Exhibit(s) D-6 2020-04-09 - Citation Issued to Bard Peripheral Vascular, Inc., #12 Exhibit(s) D-7. 2020-04-09 - Citation Issued to C. R. Bard, Inc., #13 Exhibit(s) D-8 2020-04-09 - Citation Issued to McKesson Corp, #14 Exhibit(s) D-9 2020-05-06 - Executed Affidavit of Service to McKesson - 05-01-2020, #15 Exhibit(s) D-10 2020-05-22 - Executed Return of Service to C. R. Bard - 05-20-2020, #16 Exhibit(s) D-11 2020-06-04 - Executed Return of Service to Bard Peripheral Vascular, Inc. (05-20-2020)) (Jarreau, Jordan) [Transferred from Texas Northern on 8/18/2020.] |
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