Smith v. C R Bard Inc et al
| Phillip Smith |
| Does 1 through 100 Inclusive, McKesson Corporation, C R BARD INC and Bard Peripheral Vascular, Inc. |
| 1:2020cv04968 |
| August 24, 2020 |
| US District Court for the Northern District of Illinois |
| John Z Lee |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 18, 2020. A more recent docket listing may be available from PACER.
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| Filing 40 MINUTE entry before the Honorable John Z. Lee:The status hearing set for 9/24/20 is stricken.Mailed notice (ca, ) |
| Filing 39 MINUTE entry before the Honorable John Z. Lee: The parties' joint motion for a 90-day stay of discovery and pretrial deadlines in order to achieve a global settlement of claims against C.R. Bard, Inc. and Bard Peripheral Vascular, Inc. is granted #34 . A joint status report addressing the status of settlement proceedings is due 12/18/20.Mailed notice (ca, ) |
| Filing 38 MINUTE entry before the Honorable John Z. Lee:Motion to withdraw as attorney #32 is granted. Jordan E Jarreau and Melissa Dorman Matthews are granted leave to withdraw as counsel.Mailed notice (ca, ) |
| Filing 37 MINUTE entry before the Honorable John Z. Lee: Pursuant to the joint stipulation of dismissal, Defendant McKesson Corporation is dismissed without prejudice, each side shall bear their own costs. Mailed notice (ca, ) |
| Filing 36 ATTORNEY Appearance for Defendants Bard Peripheral Vascular, Inc., C R BARD INC, McKesson Corporation by Kelyn J Smith (Smith, Kelyn) |
| Filing 35 ATTORNEY Appearance for Defendants Bard Peripheral Vascular, Inc., C R BARD INC, McKesson Corporation by Michael Baier (Baier, Michael) |
| Filing 34 MOTION by Defendants Bard Peripheral Vascular, Inc., C R BARD INC, McKesson Corporation to stay - Joint Motion to Stay and Incorporated Memorandum of Law (Elster, Jason) |
| Filing 33 STIPULATION - Joint Stipulation for Dismissal without Prejudice as to Defendant McKesson Corporation (Elster, Jason) |
| Filing 32 MOTION by Attorney Melissa Dorman Matthews and Jordan E. Jarreau to withdraw as attorney for Bard Peripheral Vascular, Inc., C R BARD INC, McKesson Corporation. No party information provided (Elster, Jason) |
| Filing 31 ATTORNEY Appearance for Defendants Bard Peripheral Vascular, Inc., C R BARD INC, McKesson Corporation by Jason B. Elster (Elster, Jason) |
| Filing 30 MINUTE entry before the Honorable John Z. Lee:Due to the transfer of this case from the Northern District of Texas to this Court's docket, the pending motions to dismiss for lack of personal jurisdiction in Texas are stricken as moot #2 #7 . Because the amended motion to sever has been granted, the original motion to sever is stricken as moot #19 . The Court orders the parties to file a joint written status report by 9/17/20. The report, which shall be as concise as possible, shall set forth: (1) the current deadlines imposed by the Court and whether the matter has been referred to the Magistrate Judge in any fashion (e,g., for discovery supervision; for resolution of a motion; for settlement; etc.); (2) the progress of discovery, if discovery is ongoing; (3) the status of briefing on unresolved motions, if any; (4) whether the parties have engaged or are engaging in settlement discussions and the status of those discussions; (5) for cases without any future court dates, an agreed proposed schedule; (6) for cases that have future court dates and if the parties believe there is good cause to extend the current deadlines, a proposed amended schedule and the basis for the request; (7) a request for any agreed action that the Court can take without a hearing; (8) and whether the parties believe a telephonic hearing or in-person hearing is necessary within the next 60 days, and, if so, the issue(s) that warrants discussion and the parties' respective positions. Status hearing set for 9/24/20 at 9:00 a.m. In light of the COVID-19 pandemic and the related General Orders, the Court finds that it is necessary to conduct the status hearing via telephone conference. The call-in number is 888-273-3658 and the access code is 1637578. Counsel of record will receive a separate email at least 12 hours prior to the start of the telephonic hearing with instructions on how to join the call. All 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 court-imposed 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. All participants should review the Court's standing order regarding telephone conferences that is on Judge Lee's website, which can be found at: https://www.ilnd.uscourts.gov/judge-info.aspx?4Qf5zc8loCI5U7rfMP9DHw==. Mailed notice (ca, ) |
| Filing 29 MAILED local rule 83.15 letter to counsel of record. (nsf, ) |
| Filing 28 RECEIVED from Texas Northern; Case Number 3:20-cv-02435,(nsf,) |
Filing 27
MEMORANDUM OPINION AND ORDER grants #22 Motion to Sever and Transfer Venue of Out-of-State Plaintiffs' Cases Out of State Plaintiffs' Cases. The Court directs the Clerk of the Court to sever and transfer this action as follows: a. Plaintiff Peter Hertzberg's case be severed and transferred to the Milwaukee Division of the Eastern District of Wisconsin (Civil case 3:20-cv-2431 opened); b. Plaintiff Almary Johnson's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2432 opened); c. Plaintiff Olive Jones's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2433 opened); d. Plaintiff Tiffany Shelton's case be severed and transferred to the Huntington Division of the Southern District of West Virginia (Civil case 3:20-cv-2434 opened); e. Plaintiff Phillip Smith's case be severed and transferred to the Chicago Division of the Northern District of Illinois (Civil case 3:20-cv-2435 opened); f. Plaintiff Ruby Tafoya's case be severed and transferred to the Denver Division of the District of Colorado (Civil case 3:20-cv-2436 opened); g. Plaintiff James Wayt's case be severed and transferred to the Wheeling Division of the Northern District of West Virginia (Civil case 3:20-cv-2437 opened); and h. Plaintiff Peter Williams's case be severed and transferred to the Los Angeles Division of the Central District of California (Civil case 3:20-cv-2438 opened). Plaintiff Paulette Levin 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 8/20/2020) (jmg) [Transferred from Texas Northern on 8/24/2020.]
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Filing 26
ORDER: Pursuant to the parties' agreement, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Cynthia Hulse's claims against Defendants. The parties shall bear their own costs. Party Cynthia Hulse terminated. (Ordered by Judge Karen Gren Scholer on 8/19/2020) (axm) [Transferred from Texas Northern on 8/24/2020.]
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| Filing 25 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 24 Appendix in Support filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Paulette Levin, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams re #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 23 Brief/Memorandum in Support filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Paulette Levin, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams re #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Paulette Levin, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 21 Appendix in Support filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams 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 8/24/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams 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 8/24/2020.] |
| Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 18 RESPONSE AND OBJECTION filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 17 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 8/24/2020.] |
| Filing 16 NOTICE of Filling Completed Forms For Each Plaintiff filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Paulette Levin, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.] |
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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) [Transferred from Texas Northern on 8/24/2020.]
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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) [Transferred from Texas Northern on 8/24/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #2 MOTION to Dismiss for Lack of Jurisdiction , #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Paulette Levin, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.] |
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Filing 12
ORDER REASSIGNING CASE. The above-numbered case is hereby transferred to the docket of the Honorable Judge Karen Gren Scholer and shall henceforth carry the suffix letter S. Judge Ada Brown no longer assigned to case. (Ordered by Judge Ada Brown on 6/24/2020) (ykp) [Transferred from Texas Northern on 8/24/2020.]
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| Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 11 replaced to flatten image on 6/18/2020) (dsr). [Transferred from Texas Northern on 8/24/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 9 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 8/24/2020.] |
| Filing 8 Brief/Memorandum in Support filed by McKesson Corporation re #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
| 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
| 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 8/24/2020.] |
| 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 8/24/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10906873) 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, Inc., #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, Inc., #16 Exhibit(s) D-10 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
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