ROSE v. C R BARD INC et al
| HAMBY ROSE |
| MCKESSON CORPORATION, C R BARD INC, BARD PERIPHERAL VASCULAR INCORPORATED and DOES 1 THROUGH 100, INCLUSIVE |
| 3:2020cv00192 |
| August 18, 2020 |
| US District Court for the Southern District of Indiana |
| Evansville Office |
| Matthew P Brookman |
| 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 15, 2020. A more recent docket listing may be available from PACER.
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Filing 49
ORDER granting #48 Motion for Attorney Steven Schulte to Appear pro hac vice on behalf of Plaintiff. SEE ORDER. Copy sent to parties via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 10/15/2020. (JRB)
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| Filing 48 MOTION for Attorney(s) Steven S. Schulte to Appear pro hac vice (Filing fee $100.00, receipt number IP071186), filed by Plaintiff HAMBY ROSE. (Attachments: #1 Text of Proposed Order, #2 Exhibit Certificate of Good Standing, #3 Envelope)(AAS) |
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Filing 47
ORDER re #45 DISMISSING CLAIMS AGAINST McKesson CORPORATION WITHOUT PREJUDICE - Plaintiff's claims against Defendant McKesson Corporation are dismissed, without prejudice. Further, it is recognized that the case will continue to pend only as against named Defendants C. R. Bard, Inc. and Bard Peripheral Vascular Inc. on Plaintiff's remaining claims against them and that the caption of the case shall be modified going forward from the date of this order to reflect C. R. Bard, Inc. and Bard Peripheral Vascular Inc. asthe remaining Defendants. Signed by Judge Richard L. Young on 10/13/2020.(AAS)
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| Filing 46 Submission of Proposed Order Dismissing Claims Against McKesson Corporation Without Prejudice #45 , filed by Defendants BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INC, MCKESSON CORPORATION. (Schiferl, Kevin) Modified on 10/9/2020 (AAS). |
| Filing 45 STIPULATION to Dismiss Claims Against McKesson Corporation Without Prejudice, filed by Defendants BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INC, MCKESSON CORPORATION. (Schiferl, Kevin) |
| Filing 44 NOTICE of Appearance by Chelsea Steele Hyslop on behalf of Defendant MCKESSON CORPORATION. (Hyslop, Chelsea) |
| Filing 43 NOTICE of Appearance by Kevin C. Schiferl on behalf of Defendant MCKESSON CORPORATION. (Schiferl, Kevin) |
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Filing 42
Order Setting Initial Pretrial Conference - This case is assigned for an initial pretrial conference by telephone on October 26, 2020, at 10:30 a.m. (Eastern Time), before United States 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.(AAS)
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Filing 41
ORDER granting #39 Motion to Appear pro hac vice. Attorney John K. Wells for BARD PERIPHERAL VASCULAR INCORPORATED,John K. Wells for C R BARD INC added. Copies to counsel via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 9/15/2020. (AAS) Modified on 9/15/2020 (AAS).
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| Filing 40 Corporate Disclosure Statement by BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INC. (Schiferl, Kevin) |
| Filing 39 MOTION for Attorney(s) John K. Wells to Appear pro hac vice (Filing fee $100, receipt number 0756-6173126), filed by Defendants BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INC. (Attachments: #1 Exhibit A - Certification of John K. Wells, #2 Text of Proposed Order)(Schiferl, Kevin) |
| Filing 38 NOTICE of Reassignment of Case to Magistrate Judge Debra McVicker Lynch. Magistrate Judge Matthew P. Brookman is no longer assigned to this case. Please include the new case number, 3:20-cv-192-RLY-DML, on all future filings in this matter. (JRB) |
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Filing 37
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. Signed by Judge Jane Magnus-Stinson on 9/3/2020.(JRB)
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| Filing 36 NOTICE of Appearance by Allison Ng on behalf of Defendants BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INC, MCKESSON CORPORATION. (Ng, Allison) |
| Filing 35 NOTICE of Appearance by Chelsea Steele Hyslop on behalf of Defendants BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INC. (Hyslop, Chelsea) |
| Filing 34 NOTICE Regarding MDL Counsel for Defendants, filed by Defendants BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INC (Schiferl, Kevin) |
| Filing 33 NOTICE of Appearance by Kevin C. Schiferl on behalf of Defendants BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INC. (Schiferl, Kevin) |
| Filing 32 NOTICE to File Corporate Disclosure Statement to BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INC, MCKESSON CORPORATION. (RAGS) (JRB) |
| Filing 31 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02242. Original file copy of transfer order and docket sheet received. |
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Filing 30
MEMORANDUM OPINION AND ORDER granting #27 Unopposed Amended 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 Robert Cordovez's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (Civil Case: 3:20-cv-2236 opened); b. Plaintiff Marilena Cruz's case be severed and transferred to the Philadelphia Division of the Eastern District of Pennsylvania (Civil Case: 3:20-cv-2237 opened); c. Plaintiff Patti Duncan's case be severed and transferred to the United States District Court for the District of Delaware (Civil Case: 3:20-cv-2238 opened); d. Plaintiff Shelly Hopkins's case be severed and transferred to the Las Cruces Division of the District of New Mexico (Civil Case: 3:20-cv-2239 opened); e. Plaintiff Samantha Hunter's case be severed and transferred to the San Francisco Division of the Northern District of California (Civil Case: 3:20-cv-2240 opened); f. Plaintiff John Mcleod's case be severed and transferred to the Mobile Division of the Southern District of Alabama (Civil Case: 3:20-cv-2241 opened); g. Plaintiff Hamby Rose's case be severed and transferred to the Evansville Division of the Southern District of Indiana (Civil Case: 3:20-cv-2242 opened); h. Plaintiff Silvia Marquez's case be severed and transferred to the United States District Court for the District of Puerto Rico (Civil Case: 3:20-cv-2243 opened); i. Plaintiff Slade Otis's case be severed and transferred to the Greenbelt Division of the District of Maryland (Civil Case: 3:20-cv-2244 opened). Plaintiff Patsy Childress 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 8/17/2020) (mjr) [Transferred from Texas Northern on 8/18/2020.]
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| Filing 29 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #23 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #27 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 28 Brief/Memorandum in Support filed by Patsy Childress, Robert Cordovez, Marilena Cruz, Patti Duncan, Shelly Hopkins, Samantha Hunter, Silvia Marquez, John McLeod, Hamby Rose, Otis Slade re #27 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 27 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Patsy Childress, Robert Cordovez, Marilena Cruz, Patti Duncan, Shelly Hopkins, Samantha Hunter, Silvia Marquez, John McLeod, Hamby Rose, Otis Slade (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 26 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation re: #23 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 25 Appendix in Support filed by Patsy Childress, Robert Cordovez, Marilena Cruz, Patti Duncan, Shelly Hopkins, Samantha Hunter, Silvia Marquez, John McLeod, Hamby Rose, Otis Slade re #23 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 24 Brief/Memorandum in Support filed by Patsy Childress, Robert Cordovez, Marilena Cruz, Patti Duncan, Shelly Hopkins, Samantha Hunter, Silvia Marquez, John McLeod, Hamby Rose, Otis Slade re #23 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 23 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Patsy Childress, Robert Cordovez, Marilena Cruz, Patti Duncan, Shelly Hopkins, Samantha Hunter, Silvia Marquez, John McLeod, Hamby Rose, Otis Slade (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 22 RESPONSE filed by Patsy Childress, Robert Cordovez, Marilena Cruz, Patti Duncan, Shelly Hopkins, Samantha Hunter, Silvia Marquez, John McLeod, Hamby Rose, Otis Slade re: #3 MOTION to Dismiss for Lack of Jurisdiction , #13 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 21 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 8/18/2020.] |
| Filing 20 NOTICE of Filing Completed Forms For Each Plaintiff filed by Patsy Childress, Robert Cordovez, Marilena Cruz, Patti Duncan, Shelly Hopkins, Samantha Hunter, Silvia Marquez, John McLeod, Hamby Rose, Otis Slade (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
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Filing 19
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 18
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 17 MOTION for Extension of Time to File Response/Reply to #3 MOTION to Dismiss for Lack of Jurisdiction , #13 MOTION to Dismiss for Lack of Jurisdiction filed by Patsy Childress, Robert Cordovez, Marilena Cruz, Patti Duncan, Shelly Hopkins, Samantha Hunter, Silvia Marquez, John McLeod, Hamby Rose, Otis Slade (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 16 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 15 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 14 Brief/Memorandum in Support filed by McKesson Corporation re #13 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 13 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 12 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 8/18/2020.] |
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Filing 11
ORDER REASSIGNING CASE. This case is TRANSFERRED to the docket of the Honorable Karen Gren Scholer. All future pleadings shall subsequently be filed under Civil Action No. 3:20-cv-01473-S. Chief Judge Barbara M. G. Lynn no longer assigned to case. (Ordered by Chief Judge Barbara M. G. Lynn on 6/10/2020) (twd) [Transferred from Texas Northern on 8/18/2020.]
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| Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) (Main Document 10 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/18/2020.] |
| Filing 9 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) (Main Document 9 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/18/2020.] |
| Filing 8 CERTIFICATE OF INTERESTED PERSONS by C R Bard Inc. (Jarreau, Jordan) Modified text on 6/10/2020 (dsr). [Transferred from Texas Northern on 8/18/2020.] |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS by Bard Peripheral Vascular Inc. (Jarreau, Jordan) Modified text on 6/10/2020 (dsr). [Transferred from Texas Northern on 8/18/2020.] |
| Filing 6 ***DISREGARD PER ATTORNEY/INCORRECT DOCUMENT FILED***CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) Modified on 6/10/2020 (ykp). [Transferred from Texas Northern on 8/18/2020.] |
| Filing 5 ***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.] |
| Filing 4 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, C R Bard Inc re #3 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 2 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. (hml) [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 0539-10896665) 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 Childress - State Court Docket Sheet, #8 Exhibit(s) D-3, 2020-04-06 - Plaintiffs' Original Petition, #9 Exhibit(s) D-4. 2020-04-06 - Civil Case Information Sheet, #10 Exhibit(s) D-5 2020-04-06 - Jury Demand, #11 Exhibit(s) D-6. 2020-04-07 - Citation Issued to Bard Peripheral Vascular, Inc., #12 Exhibit(s) D-7. 2020-04-07 - Citation Issued to C. R. Bard, #13 Exhibit(s) D-8 2020-04-07 - Citation Issued to McKesson, #14 Exhibit(s) D-9. 2020-04-09 - Notice of Initial Dismissal Hearing, #15 Exhibit(s) D-10. 2020-05-06 - Executed Affidavit of Service to McKesson- 05-01-2020, #16 Exhibit(s) D-11 2020-05-22 - Executed Return of Service to C. R. Bard - 05-20-2020, #17 Exhibit(s) D-12. 06-04-2020 - Executed Return of Service - Bard Peripheral Vascular, Inc., #18 Exhibit(s) D-13. 06-04-2020 Notice of Initial Dismissal Hearing (08-06-2020) (Jarreau, Jordan) [Transferred from Texas Northern on 8/18/2020.] |
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