KEIM v. C R BARD INC et al
| STANLEY KEIM |
| MCKESSON CORPORATION, C R BARD INC, DOES 1 THROUGH 100, INCLUSIVE and BARD PERIPHERAL VASCULAR, INC. |
| 1:2020cv02293 |
| September 2, 2020 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Mark J Dinsmore |
| Debra McVicker Lynch |
| Richard L Young |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 20, 2020. A more recent docket listing may be available from PACER.
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Filing 44
ORDER granting #43 Joint MOTION to Stay and Incorporated Memorandum of Law on all proceedings, including discovery and all pretrial deadlines. Initial pretrial conference set for 10/26/2020 is vacated. The parties are ordered to file a joint status report on or before 1/18/2021, if this case has not been dismissed by that date. Signed by Magistrate Judge Debra McVicker Lynch on 10/20/2020.(CBU)
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| Filing 43 Joint MOTION to Stay and Incorporated Memorandum of Law, filed by Defendants BARD PERIPHERAL VASCULAR, INC., C R BARD INC. (Attachments: #1 Text of Proposed Order)(Schiferl, Kevin) |
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Filing 42
ORDER DISMISSING CLAIMS AGAINST McKesson CORPORATION WITHOUT PREJUDICE - SEE ORDER. Signed by Judge Richard L. Young on 10/9/2020.(JRB)
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| Filing 41 Submission of Proposed Order Dismissing Claims Against McKesson Corporation Without Prejudice, filed by Defendants BARD PERIPHERAL VASCULAR, INC., C R BARD INC, MCKESSON CORPORATION. (Schiferl, Kevin) |
| Filing 40 STIPULATION to Dismiss Claims Against McKesson Corporation Without Prejudice, filed by Defendants BARD PERIPHERAL VASCULAR, INC., C R BARD INC, MCKESSON CORPORATION. (Schiferl, Kevin) |
| Filing 39 NOTICE of Appearance by Chelsea Steele Hyslop on behalf of Defendant MCKESSON CORPORATION. (Hyslop, Chelsea) |
| Filing 38 NOTICE of Appearance by Kevin C. Schiferl on behalf of Defendant MCKESSON CORPORATION. (Schiferl, Kevin) |
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Filing 37
SCHEDULING ORDER: Initial Pretrial Conference set for 10/26/2020 10:30 AM (Eastern Time) in Telephonic before Magistrate Judge Debra McVicker Lynch. The court will contact counsel by separate email through the court's electronic filing system with the call-in information to be used to participate in the conference. Read this entire order carefully; it sets out the court's expectations for the conference. Signed by Magistrate Judge Debra McVicker Lynch on 9/23/2020.(SWM) (Main Document 37 replaced on 9/24/2020) (SWM).
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Filing 36
ORDER granting #35 Motion to Appear pro hac vice. Attorney John K. Wells for BARD PERIPHERAL VASCULAR, INC. and R BARD INC added. Copy to Jordan E. Jarreau, Melissa Dorman Matthews and Eric Martin Przybysz via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 9/15/2020. (SWM)
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| Filing 35 MOTION for Attorney(s) John K. Wells to Appear pro hac vice (Filing fee $100, receipt number 0756-6173201), filed by Defendants BARD PERIPHERAL VASCULAR, INC., C R BARD INC. (Attachments: #1 Exhibit A - Certification of John K. Wells, #2 Text of Proposed Order)(Schiferl, Kevin) |
| Filing 34 NOTICE of Reassignment of Case to Magistrate Judge Debra McVicker Lynch. Magistrate Judge Mark J. Dinsmore is no longer assigned to this case. Please include the new case number, 1:20-cv-02293-RLY-DML, on all future filings in this matter. (AKH) |
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Filing 33
ORDER REASSIGNING CASE - In the interest of speedy administration of justice and pursuant to Local Rule 40-1(f), the Clerk IS HEREBY ORDERED to reassign this matter to Magistrate Judge Debra McVicker Lynch. Copies to distribution list via U.S. mail. Signed by Judge Jane Magnus-Stinson on 9/3/2020.(JDH)
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| Filing 32 NOTICE of Appearance by Chelsea Steele Hyslop on behalf of Defendants BARD PERIPHERAL VASCULAR, INC., C R BARD INC. (Hyslop, Chelsea) |
| Filing 31 Corporate Disclosure Statement by BARD PERIPHERAL VASCULAR, INC., C R BARD INC. (Schiferl, Kevin) |
| Filing 30 NOTICE Regarding MDL Counsel for Defendants, filed by Defendants BARD PERIPHERAL VASCULAR, INC., C R BARD INC (Schiferl, Kevin) |
| Filing 29 NOTICE of Appearance by Kevin C. Schiferl on behalf of Defendants BARD PERIPHERAL VASCULAR, INC., C R BARD INC. (Schiferl, Kevin) |
| Filing 28 NOTICE to File Corporate Disclosure Statement to BARD PERIPHERAL VASCULAR, INC., C R BARD INC, MCKESSON CORPORATION. (RAGS) (JRB) |
| Filing 27 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02703. Original file copy of transfer order and docket sheet received. |
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Filing 26
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 Alma Concha's case be severed and transferred to the Eastern District of Louisiana (Civil case 3:20-cv-2700 opened); b. Plaintiff Brian Ganoe's case be severed and transferred to the Harrisburg Division of the middle District of Pennsylvania (Civil case 3:20-cv-2701 opened); c. Plaintiff Cornelia Hunter's case be severed and transferred to the Jacksonville Division of the Middle District of Florida (Civil case 3:20-cv-2702 opened); d. Plaintiff Stanley Keim's case be severed and transferred to the Indianapolis Division of the Southern District of Indiana (Civil case 3:20-cv-2703 opened); e. Plaintiff Sarah Roth's case be severed and transferred to the Northern Division of the Western District of Michigan (Civil case 3:20-cv-2704 opened); f. Plaintiff Debbie Thompson's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (Civil case 3:20-cv-2705 opened); g. Plaintiff Robin Urbanec's case be severed and transferred to the Hartford Division of the District of Connecticut (Civil case 3:20-cv-2706 opened); and h. Plaintiff Hazel Wehrle's case be severed and transferred to the Covington Division of the Eastern District of Kentucky (Civil case 3:20-cv-2707 opened). Plaintiff Kathy Shaw 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 8/31/2020) (jmg)[Transferred from Texas Northern on 9/2/2020.]
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Filing 25
ORDER Dismissing Parties. Party James Saitas terminated. The parties shall bear their own costs. All relief not expressly granted is DENIED. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (oyh) [Transferred from Texas Northern on 9/2/2020.]
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| Filing 24 Supplemental RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 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). [Transferred from Texas Northern on 9/2/2020.] |
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Filing 23
***PLEASE DISREGARD FILED IN WRONG CASE*** Order: Before the Court are defendants Medical City Healthcare and Medical City Las Colinas's motion to dismiss [Doc. No. #15 ] and lead plaintiff Pearl De Leons motion to certify the class [Doc. No. #18 ]. For the following reasons, the Court finds it premature to decide the motions on their merits. Therefore, the Court DENIES WITHOUT PREJUDICE both motions. In the meantime, the Court ADMINISTRATIVELY CLOSES this case, which will reopen upon the parties' filing of their joint status report and amended proposed scheduling order. (Ordered by Judge Brantley Starr on 8/24/2020) (ndt) Modified on 8/24/2020 (ndt). [Transferred from Texas Northern on 9/2/2020.]
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| Filing 22 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 21 Appendix in Support filed by Alma Concha, Brian Ganoe, Cornelia Hunter, Stanley Keim, Sarah Roth, James Saitas, Debbie Thompson, Robin Urbanec, Hazel Wehrle 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 9/2/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Alma Concha, Brian Ganoe, Cornelia Hunter, Stanley Keim, Sarah Roth, James Saitas, Debbie Thompson, Robin Urbanec, Hazel Wehrle 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 9/2/2020.] |
| Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division filed by Alma Concha, Brian Ganoe, Cornelia Hunter, Stanley Keim, Sarah Roth, James Saitas, Debbie Thompson, Robin Urbanec, Hazel Wehrle (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 18 RESPONSE AND OBJECTION filed by Alma Concha, Brian Ganoe, Cornelia Hunter, Stanley Keim, Sarah Roth, James Saitas, Kathy Shaw, Debbie Thompson, Robin Urbanec, Hazel Wehrle re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Alma Concha, Brian Ganoe, Cornelia Hunter, Stanley Keim, Sarah Roth, James Saitas, Kathy Shaw, Debbie Thompson, Robin Urbanec, Hazel Wehrle (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from Texas Northern on 9/2/2020.] |
| 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) [Transferred from Texas Northern on 9/2/2020.] |
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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 9/2/2020.]
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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 9/2/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction filed by Alma Concha, Brian Ganoe, Cornelia Hunter, Stanley Keim, Sarah Roth, James Saitas, Kathy Shaw, Debbie Thompson, Robin Urbanec, Hazel Wehrle (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 12 replaced with flattened document on 6/23/2020) (pnp). [Transferred from Texas Northern on 9/2/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 10 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 9/2/2020.] |
| Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 9/2/2020.] |
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Filing 6
ELECTRONIC ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge Ed Kinkeade no longer assigned to case. (Ordered by Judge Ed Kinkeade on 6/15/2020) (chmb) [Transferred from Texas Northern on 9/2/2020.]
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| Filing 7 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) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Matthews, Melissa) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Matthews, Melissa) [Transferred from Texas Northern on 9/2/2020.] |
| 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 9/2/2020.] |
| 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 9/2/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10913526) 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 to Bard Peripheral Vascular, Inc., #12 Exhibit(s) D-6 - Citation to C.R. Bard, Inc., #13 Exhibit(s) D-7 - Citation to McKesson Corp., #14 Exhibit(s) D-8 - Notice of Dismissal Hearing, #15 Exhibit(s) D-9 - Affidavit of Service - McKesson, #16 Exhibit(s) D-10 - Return of Service - C.R. Bard, Inc., #17 Exhibit(s) D-11 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from Texas Northern on 9/2/2020.] |
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