McDonald v. C R Bard Inc et al
| Duane McDonald |
| McKesson Corporation, C R Bard Inc, Bard Peripheral Vascular Incorporated and Does 1 through 100 Inclusive |
| 4:2020cv00070 |
| August 25, 2020 |
| US District Court for the Northern District of Indiana |
| John E Martin |
| Philip P Simon |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 23, 2020. A more recent docket listing may be available from PACER.
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Filing 36
ORDER GRANTING #35 MOTION to Withdraw as Attorney Darren McDowell and Eric Przybysz filed by Duane McDonald and ORDERS that the appearances of Darren McDowell and Eric Przybysz on behalf of Plaintiff Duane McDonald are hereby WITHDRAWN. Signed by Magistrate Judge John E Martin on 10/23/2020. (cc: All Counsel - mailed to Darren McDowell, Eric Przybysz, Melissa Dorman Matthews and Jordan E Jarreau) (mrm)
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| Filing 35 MOTION to Withdraw as Attorney Darren McDowell and Eric Przybysz by Plaintiff Duane McDonald. (Attachments: #1 Exhibit Proposed Order on Motion to Withdraw)(Schulte PHV, Steven) |
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Filing 34
ORDER granting #33 Application to Appear Pro Hac Vice of Attorney Steven S Schulte PHV for Duane McDonald. Signed by Magistrate Judge John E Martin on 10/15/2020. (ace)
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| Filing 33 Application for Attorney Steven S. Schulte to Appear Pro Hac Vice on behalf of Plaintiff - Duane McDonald. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4367659 (Attachments: #1 Exhibit Certificate of Good Standing - State Bar of Texas, #2 Exhibit Certificate of Good standing - Arkansas, #3 Exhibit Certificate of Good Standing Pennsylvania)(Pro Hac Vice Temporary login, ) |
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Filing 32
ORDER granting #31 Application to Appear Pro Hac Vice of Attorney John K Wells PHV for Bard Peripheral Vascular Incorporated, C R Bard Inc, and for McKesson Corporation. Signed by Magistrate Judge John E Martin on 9/11/2020. (ace)
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| Filing 31 Application for Attorney John K. Wells to Appear Pro Hac Vice on behalf of C.R. Bard, Inc., Bard Peripheral Vascular, Inc. and McKesson Corporation. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4337094(Wells PHV, John) |
| Filing 30 NOTICE of Appearance by Chelsea Steele Hyslop on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc (Hyslop, Chelsea) |
| Filing 29 Corporate Disclosure Statement by Bard Peripheral Vascular Incorporated, C R Bard Inc. (Schiferl, Kevin) |
| Filing 28 NOTICE by Bard Peripheral Vascular Incorporated, C R Bard Inc Regarding MDL Counsel for Defendants (Schiferl, Kevin) |
| Filing 27 NOTICE of Appearance by Kevin C Schiferl on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc (Schiferl, Kevin) |
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Filing 26
ORDER DENYING AS MOOT #2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc, following the severance and transfer of the claims of non-Texas plaintiffs. GRANTING #9 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation and plaintiffs' claims against defendant McKesson Corporation are DISMISSED WITHOUT PREJUDICE. Defendants Does 1 through 100 are DISMISSED WITHOUT PREJUDICE. Signed by Judge Philip P Simon on 9/1/2020. (lhc)
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| Filing 25 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02419. Original file certified copy of transfer order and docket sheet received. |
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Filing 24
MEMORANDUM OPINION AND ORDER grants #19 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 Brenda Allen's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2413 opened); b. Plaintiff Benidecto Fernandez's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (Civil case 3:20-cv-2414 opened); c. Plaintiff Nancy Foreman's case be severed and transferred to the Riverside Division of the Central District of California (Civil case 3:20-cv-2415 opened); d. Plaintiff Matthew Geniesse's case be severed and transferred to the Milwaukee Division of the Eastern District of Wisconsin (Civil case 3:20-cv-2416 opened); e. Plaintiff Mark Gibson's case be severed and transferred to the Los Angeles Division of the Central District of California (Civil case 3:20-cv-2417 opened); f. Plaintiff Duane McDonald's case be severed and transferred to the Lafayette Division of the Northern District of Indiana (Civil case 3:20-cv-2419 opened); g. Plaintiff Richard Pilip's case be severed and transferred to the Chicago Division of the Northern District of Illinois (Civil case 3:20-cv-2420 opened); and h. Plaintiff Merida Roman's case be severed and transferred to the Miami Division of the Southern District of Florida (Civil case 3:20-cv-2421 opened). Plaintiff Emmanuel Arredondo 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 8/20/2020) (jmg) [Transferred from Texas Northern on 8/25/2020.]
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Filing 23
ORDER: Pursuant to the parties' agreement, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Herlinda Aguilar's claims against Defendants. The parties shall bear their own costs. Party Herlinda Aguilar terminated. (Ordered by Judge Karen Gren Scholer on 8/19/2020) (axm) [Transferred from Texas Northern on 8/25/2020.]
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| Filing 22 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division Against Bard Defendants (Matthews, Melissa) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 21 Appendix in Support filed by Herlinda Aguilar, Brenda Allen, Benidecto Fernandez, Nancy Foreman, Matthew Geniesse, Mark Gibson, Duane McDonald, Richard Pilip, Merida Roman re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division Against Bard Defendants (Schulte, Steven) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Herlinda Aguilar, Brenda Allen, Benidecto Fernandez, Nancy Foreman, Matthew Geniesse, Mark Gibson, Duane McDonald, Richard Pilip, Merida Roman re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division Against Bard Defendants (Schulte, Steven) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division Against Bard Defendants () filed by Herlinda Aguilar, Brenda Allen, Benidecto Fernandez, Nancy Foreman, Matthew Geniesse, Mark Gibson, Duane McDonald, Richard Pilip, Merida Roman (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 18 RESPONSE AND OBJECTION filed by Herlinda Aguilar, Brenda Allen, Emmanuel Arredondo, Benidecto Fernandez, Nancy Foreman, Matthew Geniesse, Mark Gibson, Duane McDonald, Richard Pilip, Merida Roman re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Herlinda Aguilar, Brenda Allen, Emmanuel Arredondo, Benidecto Fernandez, Nancy Foreman, Matthew Geniesse, Mark Gibson, Duane McDonald, Richard Pilip, Merida Roman (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) [Transferred from Texas Northern on 8/25/2020.] |
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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 July 22, 2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (ndt) [Transferred from Texas Northern on 8/25/2020.]
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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 8/25/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #9 MOTION to Dismiss for Lack of Jurisdiction , #2 MOTION to Dismiss for Lack of Jurisdiction filed by Herlinda Aguilar, Brenda Allen, Emmanuel Arredondo, Benidecto Fernandez, Nancy Foreman, Matthew Geniesse, Mark Gibson, Duane McDonald, Richard Pilip, Merida Roman (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 10 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 8 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from Texas Northern on 8/25/2020.] |
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Filing 7
ORDER: Case reassigned to Judge Karen Gren Scholer for all further proceedings. Chief Judge Barbara M. G. Lynn no longer assigned to case. (Ordered by Chief Judge Barbara M. G. Lynn on 6/12/2020) (ndt) [Transferred from Texas Northern on 8/25/2020.]
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| 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 8/25/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 8/25/2020.] |
| 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 (Jarreau, Jordan) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10907283) 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 - Index of State Docs, #7 Exhibit(s) D-1 State Court Docket Sheet, #8 Exhibit(s) D-2 2020-04-07 Original Petition, #9 Exhibit(s) D-3 2020-04-07 Civil Case Info. Sheet, #10 Exhibit(s) D-4 2020-04-07 Jury Demand, #11 Exhibit(s) D-5 2020-04-07 Citation Issued - Bard Periphreal, #12 Exhibit(s) D-6 2020-04-07 Citation Issued - C.R. Bard, #13 Exhibit(s) D-7 2020-04-07 Citation Issued - McKesson, #14 Exhibit(s) D-8 2020-05-06 Return of Service - McKesson, #15 Exhibit(s) D-9 2020-05-22 Return of Service - C.R. Bard, #16 Exhibit(s) D-10 2020-06-04 Return of Service Bard Peripheral) (Jarreau, Jordan) [Transferred from Texas Northern on 8/25/2020.] |
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