Wilburn v. C R Bard Inc et al
Plaintiff: Cathy Wilburn
Defendant: C R Bard Incorporated, McKesson Corporation, Bard Peripheral Vascular Incorporated and Does 1 through 100
Case Number: 0:2020cv00097
Filed: August 18, 2020
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Joseph M Hood
Referring Judge: Henry R Wilhoit
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 25, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 25, 2020 Opinion or Order Filing 37 ORDER: 1) W/I 21 days the parties shall meet to discuss claims and defenses and possibilities for settlement; 2) W/I 10 days after meeting the parties shall file joint report containing: (a) discovery plan; (b) estimateD time necessary to file pt motions; (c) mutually convenient dates for trial; (e) decision on referral to Magistrate Judge; (f) determination on mediation; 3) Each party shall advise the court of all parent corporations, subsidiaries, affiliates, members and/or partner associations. Signed by Judge Joseph M. Hood on 9/25/20.(JLS)cc: COR
September 22, 2020 Opinion or Order Filing 36 ORDER: 1) Deft, Bard's #3 Motion to Dismiss for Lack of Jurisdiction and Deft McKesson's #9 Motion to Dismiss for Lack of Jurisdiction are WITHDRAWN; 2) the Parties' Joint #35 Motion to Dismiss is GRANTED; 3) Deft McKensson is DROPPED as a party from this action; 4) All claims against McKesson are DISMISSED WITHOUT PREJUDICE; 5) Each party shall bear its own costs and fees; and 6) this Oder has no impact on the remaining claims and defts. Signed by Judge Joseph M. Hood on 9/22/20. (JLS)cc: COR
September 15, 2020 ***MOTION SUBMITTED TO CHAMBERS of Hood for review: re #35 JOINT MOTION to Dismiss by Bard Peripheral Vascular Incorporated, C R Bard Incorporated, McKesson Corporation . (JLS)
September 14, 2020 Filing 35 JOINT MOTION to Dismiss by Bard Peripheral Vascular Incorporated, C R Bard Incorporated, McKesson Corporation (Attachments: #1 Proposed Order)(Bird, Melissa) Modified on 9/15/2020 to add filer (JLS).
September 14, 2020 Filing 34 RESPONSE TO ORDER TO SHOW CAUSE by Bard Peripheral Vascular Incorporated, C R Bard Incorporated, McKesson Corporation #33 filed by Bard Peripheral Vascular Incorporated, C R Bard Incorporated, McKesson Corporation. (Bird, Melissa)
August 25, 2020 Opinion or Order Filing 33 ORDER: (1) Defendants C.R. Bard, Inc., and Bard Peripheral Vascular, Inc., are ordered to SHOW CAUSE no later than Tuesday, September 15, 2020 why this Court should not dismiss as moot their Motion to Dismiss the Out-of-State Plaintiffs' Claims for Lack of Personal Jurisdiction DE #3 ; and (2) Defendant McKesson Corporation is ordered to SHOW CAUSE no later than Tuesday, September 15, 2020 why this Court should not dismiss as moot their Motion to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction DE #9 . Signed by Judge Joseph M. Hood on 8/25/20.(KSS)cc: COR
August 24, 2020 Opinion or Order Filing 32 ORDER: Attorneys Matthews and Jarreau #31 Motion to Withdraw as Attorney are GRANTED. The clerk is DIRECTED that Ms. Matthews and Ms. Jarreau shall be TERMINATED as counsel of record. Attorneys Bird and Davis shall remain as counsel for these Defts. Signed by Judge Joseph M. Hood on 8/24/20. (JLS)cc: COR
August 20, 2020 ***MOTION SUBMITTED TO CHAMBERS of Hood for review: re #31 MOTION to Withdraw as Attorney by Bard Peripheral Vascular Incorporated, C R Bard Incorporated, McKesson Corporation . (JLS)
August 19, 2020 Filing 31 MOTION to Withdraw as Attorney by Bard Peripheral Vascular Incorporated, C R Bard Incorporated, McKesson Corporation (Attachments: #1 Proposed Order)(Bird, Melissa)
August 19, 2020 Filing 30 NOTICE of Appearance by Melissa Foster Bird on behalf of Bard Peripheral Vascular Incorporated, C R Bard Incorporated, McKesson Corporation (Bird, Melissa)
August 19, 2020 Opinion or Order Filing 28 ORDER: IT IS ORDERED that the above-styled action is hereby REASSIGNED to the Honorable Judge Joseph M. Hood, Judge of the Eastern District of Kentucky, for all further proceedings. Signed by Judge Henry R. Wilhoit, Jr on 8/19/20.(KSS)cc: COR
August 18, 2020 ***FILE SUBMITTED TO CHAMBERS of Judge Wilhoit for review: CASE TRANSFERRED IN from District of Texas Northern. (TDA)
August 18, 2020 Conflict Check run. (TDA)
August 18, 2020 Filing 26 CASE TRANSFERRED IN from District of Texas Northern. Case number 3:20-cv-02189. Original file, certified copy of transfer order and docket sheet received. cc: COR w/ docket sheet
August 17, 2020 Opinion or Order Filing 25 ORDER granting #20 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 Joseph Abell's case be severed and transferred to the Baltimore Division of the District of Maryland (Civil case 3:20-cv-2182 opened); b. Plaintiff Michael Bell's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil case 3:20-cv-2183 opened); c. Plaintiff Scott German's case be severed and transferred to the Toledo Division of the Northern District of Ohio (Civil case 3:20-cv-2184 opened); d. Plaintiff Marie Leonard's case be severed and transferred to the Raleigh Division of the Eastern District of North Carolina (Civil case 3:20-cv-2185 opened); e. Plaintiff Wilhemenia Lindsey's case be severed and transferred to the Columbus Division of the Southern District of Ohio (Civil case 3:20-cv-2186 opened); f. Plaintiff Annie Walker's case be severed and transferred to the Ann Arbor Division of the Eastern District of Michigan (Civil case 3:20-cv-2187 opened); g. Plaintiff Loreta Windmyer's case be severed and transferred to the Dayton Division of the Southern District of Ohio (Civil case 3:20-cv-2188 opened); h. Plaintiff Cathy Wilburn's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (Civil case 3:20-cv-2189 opened); i. Plaintiff Cynthia Hughes's case be severed and transferred to the Chattanooga Division of the Eastern District of Tennessee (Civil case 3:20-cv-2190 opened). Plaintiff Manuela Gonzalez 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 txnd on 8/18/2020.]
August 14, 2020 Filing 24 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 8/18/2020.]
July 31, 2020 Filing 23 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 8/18/2020.]
July 29, 2020 Filing 22 Appendix in Support filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from txnd on 8/18/2020.]
July 29, 2020 Filing 21 Brief/Memorandum in Support filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/18/2020.]
July 29, 2020 Filing 20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn (Schulte, Steven) [Transferred from txnd on 8/18/2020.]
July 29, 2020 Filing 19 RESPONSE filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn re: #9 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #3 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from txnd on 8/18/2020.]
July 22, 2020 Filing 18 NOTICE of Filing Completed Forms for Each Plaintiff re: #16 Order, filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from txnd on 8/18/2020.]
July 22, 2020 Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from txnd on 8/18/2020.]
July 16, 2020 Opinion or Order Filing 16 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 txnd on 8/18/2020.]
July 1, 2020 Opinion or Order Filing 15 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 txnd on 8/18/2020.]
June 29, 2020 Filing 14 MOTION for Extension of Time to File Response/Reply to #9 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #3 MOTION to Dismiss for Lack of Jurisdiction filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/18/2020.]
June 15, 2020 Filing 13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 13 replaced to flatten image on 6/15/2020) (dsr). [Transferred from txnd on 8/18/2020.]
June 15, 2020 Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) [Transferred from txnd on 8/18/2020.]
June 15, 2020 Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from txnd on 8/18/2020.]
June 15, 2020 Filing 10 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from txnd on 8/18/2020.]
June 15, 2020 Filing 9 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from txnd on 8/18/2020.]
June 10, 2020 Filing 8 AMENDED DOCUMENT by Bard Peripheral Vascular Inc. Amendment to #6 Cert. Of Interested Persons/Disclosure Statement. . (Matthews, Melissa) (Main Document 8 replaced with flattened document on 6/12/2020) (ykp). [Transferred from txnd on 8/18/2020.]
June 10, 2020 Filing 7 AMENDED DOCUMENT by C R Bard Inc. Amendment to #5 Cert. Of Interested Persons/Disclosure Statement. . (Matthews, Melissa) (Main Document 7 replaced with flattened document on 6/12/2020) (ykp). [Transferred from txnd on 8/18/2020.]
June 10, 2020 Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) (Main Document 6 replaced with flattened document on 6/12/2020) (ykp). [Transferred from txnd on 8/18/2020.]
June 10, 2020 Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Matthews, Melissa) (Main Document 5 replaced with flattened document on 6/12/2020) (ykp). [Transferred from txnd on 8/18/2020.]
June 8, 2020 Filing 4 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, C R Bard Inc, Does 1 through 100 inclusive, McKesson Corporation re #3 MOTION to Dismiss for Lack of Jurisdiction (Matthews, Melissa) [Transferred from txnd on 8/18/2020.]
June 8, 2020 Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc, Does 1 through 100 inclusive, McKesson Corporation (Matthews, Melissa) [Transferred from txnd on 8/18/2020.]
June 8, 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from txnd on 8/18/2020.]
June 8, 2020 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Bard Peripheral Vascular, Inc., Does 1 through 100 inclusive, C. R. Bard, Inc.. (Filing fee $400; receipt number 0539-10896016) 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, #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 Issued to Bard Peripheral Vascular, Inc., #12 Exhibit(s) D-6 - Citation Issued to C.R. Bard, Inc., #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 - C.R. Bard, Inc., #16 Exhibit(s) D-10 - Return of Service - Bard Peripheral) (Matthews, Melissa) [Transferred from txnd on 8/18/2020.]

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Search for this case: Wilburn v. C R Bard Inc et al
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Plaintiff: Cathy Wilburn
Represented By: Darren McDowell
Represented By: Eric Martin Przybysz
Represented By: Steve Schulte
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Defendant: C R Bard Incorporated
Represented By: Melissa Dorman Matthews
Represented By: Jordan E. Jarreau
Represented By: Megan Basham Davis
Represented By: Melissa Foster Bird
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Defendant: McKesson Corporation
Represented By: Melissa Dorman Matthews
Represented By: Jordan E. Jarreau
Represented By: Megan Basham Davis
Represented By: Melissa Foster Bird
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Defendant: Bard Peripheral Vascular Incorporated
Represented By: Melissa Dorman Matthews
Represented By: Jordan E. Jarreau
Represented By: Megan Basham Davis
Represented By: Melissa Foster Bird
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Defendant: Does 1 through 100
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