Hathaway v. CR Bard Inc et al
| Dolores Hathaway |
| CR Bard Inc, Does 1 through 100, inclusive, Bard Peripheral Vascular Incorporated and McKesson Corporation |
| 3:2020cv00796 |
| August 18, 2020 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| Stephen P McGlynn |
| Gilbert C Sison |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Filing 42 Pursuant to Administrative Order No. 277, this case is transferred from Judge J. Phil Gilbert and reassigned to Judge Stephen P. McGlynn. Unless the newly assigned judge directs otherwise, all deadlines and hearing dates shall remain in effect. All future pleadings shall bear the case number 20-796-SPM. (dkd) |
| Filing 41 NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order No. 257, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Judge J. Phil Gilbert for further proceedings. Magistrate Judge Gilbert C. Sison no longer assigned to the case. All future documents must bear case number 20-796-JPG. (ack)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 40 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Hildebrand, Daniel) |
| Action due (Discovery and Pretrial STAY expiration date) by 12/28/2020. (ack) |
Filing 39
ORDER granting #38 Motion to Stay. The Court STAYS all discovery and pretrial deadlines in this case for a period of ninety (90) days. This stay will expire on December 28, 2020. Signed by Magistrate Judge Gilbert C. Sison on 9/28/2020. (klh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 38 Joint MOTION to Stay by Bard Peripheral Vascular Incorporated, CR Bard Inc. (Hildebrand, Daniel) |
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Filing 37
ORDER granting #34 Motion to Substitute Attorney. Attorney Jordan E Jarreau and Melissa Dorman Matthews terminated as counsel for Defendants. Attorney Daniel Hildebrand and Attorney Michael T. Baier shall proceed as counsel of record for Defendants. Signed by Magistrate Judge Gilbert C. Sison on 9/11/2020. (kll)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 36 STIPULATION of Dismissal of Defendant McKesson Corporation [Joint] by Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation. (Hildebrand, Daniel) |
| Filing 35 NOTICE of Appearance by Michael T. Baier on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation (Baier, Michael) |
| Filing 34 MOTION to Substitute Attorney [Unopposed] by Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation. (Hildebrand, Daniel) |
| Filing 33 NOTICE of Appearance by Daniel G. Hildebrand on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation (Hildebrand, Daniel) |
| Filing 32 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case was been randomly assigned to United States Magistrate Judge Gilbert C. Sison pursuant to Administrative Order No. 257. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in the case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 257, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or nonconsent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: Bard Peripheral Vascular Incorporated, CR Bard Inc, Does 1 through 100, inclusive, Dolores Hathaway, McKesson Corporation. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 3:20-cv-796-GCS. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 10/1/2020 (kls3) |
| Filing 31 Letter to Attorneys of Record regarding registration and enrollment in our CM/ECF system. (Attachments: #1 Consent to Magistrate Judge) (kls3) |
| Filing 30 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02204. Original file certified copy of transfer order and docket sheet received. |
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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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