BUTLER v. CR BARD INC et al
| MICHAEL BUTLER |
| MCKESSON CORPORATION, CR BARD INC, DOES 1 THROUGH 100, INCLUSIVE and BARD PERIPHERAL VASCULAR, INC. |
| 3:2020cv00211 |
| September 11, 2020 |
| US District Court for the Southern District of Indiana |
| 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 20, 2020. A more recent docket listing may be available from PACER.
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Filing 44
ORDER granting #43 Motion to Stay - IT IS HEREBY ORDERED that all proceedings, including discovery and all pretrial deadlines, are STAYED for 90 days. IT IS FURTHER ORDERED that the initial pretrial conference set for October 26, 2020, is VACATED. The parties are ORDERED to file a joint status report on or before January 18, 2021, if this case has not been dismissed by that date. SEE ORDER. Signed by Magistrate Judge Debra McVicker Lynch on 10/20/2020. (JRB) Modified on 10/21/2020 (JRB).
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| Filing 43 Joint MOTION to Stay and Incorporated Memorandum of Law, filed by Defendants BARD PERIPHERAL VASCULAR, INC., CR BARD INC. (Attachments: #1 Text of Proposed Order)(Schiferl, Kevin) |
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Filing 42
ORDER re #40 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 41 Submission of Proposed Order Dismissing Claims Against McKesson Corporation Without Prejudice #40 , filed by Defendants BARD PERIPHERAL VASCULAR, INC., CR BARD INC, MCKESSON CORPORATION. (Schiferl, Kevin) Modified on 10/9/2020 (AAS). Modified on 10/9/2020 (AAS). |
| Filing 40 STIPULATION to Dismiss Claims Against McKesson Corporation Without Prejudice, filed by Defendants BARD PERIPHERAL VASCULAR, INC., CR 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
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 36
ORDER granting #35 Motion to Appear pro hac vice. Attorney John K. Wells for BARD PERIPHERAL VASCULAR, INC.,John K. Wells for CR BARD INC added. Copy sent to parties via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 9/16/2020. (JRB)
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| Filing 35 MOTION for Attorney(s) John K. Wells to Appear pro hac vice (Filing fee $100, receipt number 0756-6180184), filed by Defendants BARD PERIPHERAL VASCULAR, INC., CR 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 Matthew P. Brookman is no longer assigned to this case. Please include the new case number, 3:20-cv-211-RLY-DML, on all future filings in this matter. (JRB) |
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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. Signed by Judge Jane Magnus-Stinson on 9/14/2020.(JRB) Modified on 9/14/2020 (JRB).
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| Filing 32 NOTICE of Appearance by Chelsea Steele Hyslop on behalf of Defendants BARD PERIPHERAL VASCULAR, INC., CR BARD INC. (Hyslop, Chelsea) |
| Filing 31 Corporate Disclosure Statement by BARD PERIPHERAL VASCULAR, INC., CR BARD INC. (Schiferl, Kevin) |
| Filing 30 NOTICE Regarding MDL Counsel for Defendants, filed by Defendants BARD PERIPHERAL VASCULAR, INC., CR BARD INC (Schiferl, Kevin) |
| Filing 29 NOTICE of Appearance by Kevin C. Schiferl on behalf of Defendants BARD PERIPHERAL VASCULAR, INC., CR BARD INC. (Schiferl, Kevin) |
| Filing 28 NOTICE to File Corporate Disclosure Statement to BARD PERIPHERAL VASCULAR, INC., CR BARD INC, DOES 1 THROUGH 100, INCLUSIVE, MCKESSON CORPORATION. (RAGS) (AAS) |
| Filing 27 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02155. Original file copy of transfer order and docket sheet received. |
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Filing 26
MEMORANDUM OPINION AND ORDER granting #21 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 Audrey Black-Tureaud's case be severed and transferred to the West Palm Beach Division of the Southern District of Florida (Civil case 3:20-cv-2153-S opened); b. Plaintiff Leonora Brown's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil Case 3:20-cv-2154-S opened); c. Plaintiff Michael Butler's case be severed and transferred to the Evansville Division of the Southern District of Indiana (Civil case 3:20-cv-2155-S opened); d. Plaintiff Jessica Hill's case be severed and transferred to the Topeka Division of the District of Kansas (Civil case 3:20-cv-2158-S opened); e. Plaintiff Shirley Hill's case be severed and transferred to the Charlotte Division of the Western District of North Carolina (Civil case 3:20-cv-2160-S opened); f. Plaintiff Carlin Juegens's case be severed and transferred to the St. Louis Division of the Eastern District of Missouri (Civil case 3:20-cv-2161-S opened); g. Plaintiff David Kuzma's case be severed and transferred to the Bay City Division of the Eastern District Court Michigan (Civil case 3:20-cv-2156-S opened); h. Plaintiff Robbie Miller's case be severed and transferred to the Raleigh Division of the Eastern District Court North Carolina (Civil case 3:20-cv-2157-S opened); i. Plaintiff Majorie Seeba's case be severed and transferred to the Fargo Division of the District of North Dakota (Civil case 3:20-cv-2159-S opened). Plaintiff Daniel Garza 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 8/13/2020) (axm) [Transferred from Texas Northern on 9/11/2020.]
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| Interdistrict Transfer to Southern District of Indiana, Evansville Division; notice sent via email. All documents available electronically. If receiving court cannot upload, documents are available from PACER (record does not contain restricted documents). Counsel advised to file future documents in Southern District of Indiana, Evansville Division. (mjr) [Transferred from Texas Northern on 9/11/2020.] |
| Filing 25 RESPONSE filed by Bard Peripheral Vascular Inc, CR Bard Inc re: #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 9/11/2020.] |
| Filing 24 RESPONSE filed by Bard Peripheral Vascular Inc, CR Bard Inc, McKesson Corporation re: #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 9/11/2020.] |
| Filing 23 Appendix in Support filed by Audrey Black-Tureaud, Leonora Brown, Michael Butler, Daniel Garza, Jessica Hill, Shirley Hill, Carlin Juegens, David Kuzma, Robbie Miller, Marjorie Seeba re #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from Texas Northern on 9/11/2020.] |
| Filing 22 Brief/Memorandum in Support filed by Audrey Black-Tureaud, Leonora Brown, Michael Butler, Daniel Garza, Jessica Hill, Shirley Hill, Carlin Juegens, David Kuzma, Robbie Miller, Marjorie Seeba re #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 9/11/2020.] |
| Filing 21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Audrey Black-Tureaud, Leonora Brown, Michael Butler, Daniel Garza, Jessica Hill, Shirley Hill, Carlin Juegens, David Kuzma, Robbie Miller, Marjorie Seeba (Schulte, Steven) [Transferred from Texas Northern on 9/11/2020.] |
| Filing 20 RESPONSE filed by Audrey Black-Tureaud, Leonora Brown, Michael Butler, Daniel Garza, Jessica Hill, Shirley Hill, Carlin Juegens, David Kuzma, Robbie Miller, Marjorie Seeba re: #3 MOTION to Dismiss for Lack of Jurisdiction , #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 9/11/2020.] |
| Filing 19 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Inc, CR Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) [Transferred from Texas Northern on 9/11/2020.] |
| Filing 18 NOTICE of Filing Completed Forms For Each Plaintiff filed by Audrey Black-Tureaud, Leonora Brown, Michael Butler, Daniel Garza, Jessica Hill, Shirley Hill, Carlin Juegens, David Kuzma, Robbie Miller, Marjorie Seeba (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 9/11/2020.] |
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Filing 17
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 9/11/2020.]
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Filing 16
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 9/11/2020.]
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| Filing 15 MOTION for Extension of Time to File Response/Reply to #3 MOTION to Dismiss for Lack of Jurisdiction , #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by Audrey Black-Tureaud, Leonora Brown, Michael Butler, Daniel Garza, Jessica Hill, Shirley Hill, Carlin Juegens, David Kuzma, Robbie Miller, Marjorie Seeba (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/11/2020.] |
| Filing 14 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 14 replaced to flatten image on 6/15/2020) (dsr). [Transferred from Texas Northern on 9/11/2020.] |
| Filing 13 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, CR Bard Inc (Matthews, Melissa) [Transferred from Texas Northern on 9/11/2020.] |
| Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 9/11/2020.] |
| Filing 11 Brief/Memorandum in Support filed by McKesson Corporation re #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 9/11/2020.] |
| Filing 10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 9/11/2020.] |
| Filing 9 AMENDED DOCUMENT by Bard Peripheral Vascular Inc. Amendment to #7 Cert. Of Interested Persons/Disclosure Statement. . (Matthews, Melissa) (Main Document 9 replaced with flattened document on 6/12/2020) (ykp). [Transferred from Texas Northern on 9/11/2020.] |
| Filing 8 AMENDED DOCUMENT by CR Bard Inc. Amendment to #6 Cert. Of Interested Persons/Disclosure Statement. . (Matthews, Melissa) (Main Document 8 replaced replaced with flattened document on 6/12/2020) (ykp). [Transferred from Texas Northern on 9/11/2020.] |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) (Main Document 7 replaced with flattened document on 6/12/2020) (ykp). [Transferred from Texas Northern on 9/11/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CR Bard Inc. (Matthews, Melissa) (Main Document 6 replaced with flattened document on 6/12/2020) (ykp). [Transferred from Texas Northern on 9/11/2020.] |
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Filing 5
ELECTRONIC ORDER: Civil action number 3:20-CV-1460-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 9/11/2020.]
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| Filing 4 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, CR Bard Inc, Does 1 through 100 Inclusive, McKesson Corporation re #3 MOTION to Dismiss for Lack of Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 9/11/2020.] |
| Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, CR Bard Inc, Does 1 through 100 Inclusive, McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 9/11/2020.] |
| 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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from Texas Northern on 9/11/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND from 162nd District Court, Dallas County, Texas, case number DC-20-05458 filed by Bard Peripheral Vascular, Inc., Does 1 through 100 Inclusive, C. R. Bard, Inc., McKesson Corporation. (Filing fee $400; receipt number 0539-10895102) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy 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, #5 Exhibit(s) C - 8-30-16 Romney, Kim Deposition, #6 Exhibit(s) D - Index of State Court Document, #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 Declaration(s) D-4 - Jury Demand, #11 Exhibit(s) D-5 - Citation Issued to CR Bard, #12 Exhibit(s) D-6 - Citation Issued to Bard Peripheral, #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 - CR Bard, #16 Exhibit(s) D-10 - Return of Service - Bard Peripheral) (Matthews, Melissa) [Transferred from Texas Northern on 9/11/2020.] |
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