Martin v. CR Bard Inc et al
| Carl Martin |
| Bard Peripheral Vascular Incorporated, McKesson Corporation, Does 1 through 100 and C.R. Bard, Inc. |
| 0:2020cv00099 |
| August 18, 2020 |
| US District Court for the Eastern District of Kentucky |
| Ashland Office |
| Joseph M Hood |
| Henry R Wilhoit |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 5, 2020. A more recent docket listing may be available from PACER.
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Filing 38
ORDER : 1) W/I 21 days from service of this Order parties shall meet; 2) W/I 10 days after meeting file joint report containing: (a) discovery plan, (b) estimate of time necessary to file pretrial motions, (c) length of trial, (d) convenient trial dates, (e) Magistrate Judge referral possibilities, (f) possible resolution; 3) parties shall advise the Court of all parents, etc. at time of filing report. Signed by Judge Joseph M. Hood on 10/5/20.(JLS)cc: COR
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Filing 37
ORDER: 1) Deft Bard's #2 Motion to Dismiss for Lack of Personal Jurisdiction and Deft McKesson's #8 Motion to Dismissfor Lack of Subject Matter Jurisdiction are WITHDRAWN; 2) the Parties' Joint #36 Motion to Dismiss claims against McKesson without Prejudice is GRANTED; 3) Deft McKesson is DROPPED as a party from this action; 4) All claims against McKesson are DISMISSED WITHOUT PREJUDICE; 5) Each party to bear its own costs and fees; and 6) This Order has no impact on remaining claims and defts. Signed by Judge Joseph M. Hood on 9/23/20. (JLS)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Hood for review: re #36 JOINT MOTION to Dismiss by Bard Peripheral Vascular Incorporated, C.R. Bard, Inc., McKesson Corporation. (JLS) |
| Filing 36 JOINT MOTION to Dismiss by Bard Peripheral Vascular Incorporated, C.R. Bard, Inc., McKesson Corporation (Attachments: #1 Proposed Order)(Bird, Melissa) Modified on 9/15/2020 to add filer (JLS). |
| Filing 35 RESPONSE TO ORDER TO SHOW CAUSE by Bard Peripheral Vascular Incorporated, C.R. Bard, Inc., McKesson Corporation #34 filed by Bard Peripheral Vascular Incorporated, C.R. Bard, Inc., McKesson Corporation. (Bird, Melissa) |
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Filing 34
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 #2 ; 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 #8 . Signed by Judge Joseph M. Hood on 8/25/20.(KSS)cc: COR
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Filing 33
ORDER: Melissa Dorman Matthews, Jessica Junek and Jordan E. Jarreau are GRANTED leave to withdraw as counsel for defts. The clerk is DIRECTED that Ms. Matthews, Ms. Junek and Ms. Jarreau shall be TERMINATED as counsel of record. Melissa Foster Bird and Megan Basham Davis shall remain as counsel for defts. Signed by Judge Joseph M. Hood on 8/20/20. (JLS)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Hood for review: re #32 MOTION to Withdraw as Attorney by Bard Peripheral Vascular Incorporated, C.R. Bard, Inc., McKesson Corporation . (JLS) |
| Filing 32 MOTION to Withdraw as Attorney by Bard Peripheral Vascular Incorporated, C.R. Bard, Inc., McKesson Corporation (Attachments: #1 Proposed Order)(Bird, Melissa) |
| Filing 31 NOTICE of Appearance by Melissa Foster Bird on behalf of Bard Peripheral Vascular Incorporated, C.R. Bard, Inc., McKesson Corporation (Bird, Melissa) |
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Filing 30
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
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| Filing 28 CASE TRANSFERRED IN from District of Texas Northern. Case number 3:20-cv-02215. Original file, certified copy of transfer order and docket sheet received. cc: COR w/ docket sheet |
| Conflict Check run. (TDA) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Wilhoit for review: CASE TRANSFERRED IN from District of Texas Northern. (TDA) |
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Filing 27
MEMORANDUM OPINION AND ORDER granting #24 Unopposed Amended Motion to Sever and Transfer Venue of Out-of-State Plaintiff' Cases. The Court directs the Clerk of the Court to sever and transfer this action as follows: a. Plaintiff Johnetta Ateman case be severed and transferred to the Peoria Division of the Central District of Illinois (Civil case 3:20-cv-2209-S opened); b. Plaintiff Ronald Girardin case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2210-S opened); c. Plaintiff Kyla Ferguson's case be severed and transferred to the Kansas City Division of the Western District of Missouri (Civil case 3:20-cv-2211-S opened); d. Plaintiff Shirley Hasselle's case be severed and transferred to the Jackson Division of the Southern District of Mississippi (Civil case 3:20-cv-2212-S opened);e. Plaintiff Kimberly Kennebrew's case be severed and transferred to the Binghamton Division of the Northern District of New York (Civil case 3:20-cv-2213-S opened);f. Plaintiff Angie Lewis's case be severed and transferred to the Savannah of the Southern District of Georgia (Civil case 3:20-cv-2214-S opened);g. Plaintiff Carl Martin's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (Civil case 3:20-cv-2215-S opened);h. Plaintiff Harry Stoner's case be severed and transferred to the Erie Division of the Western District of Pennsylvania (Civil case 3:20-cv-2216-S opened);i. Plaintiff Steve Urevith's case be severed and transferred to the Southern District of New York (Civil case 3:20-cv-2217-S opened); (Ordered by Judge Karen Gren Scholer on 8/17/2020) (axm) [Transferred from txnd on 8/18/2020.]
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| Filing 26 RESPONSE filed by Bard Peripheral Vascular Incorporated, CR Bard Inc re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #24 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 8/18/2020.] |
| Filing 25 Brief/Memorandum in Support filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith re #24 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/18/2020.] |
| Filing 24 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/18/2020.] |
| Filing 23 RESPONSE filed by Bard Peripheral Vascular Incorporated, CR 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.] |
| Filing 22 Appendix in Support filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith 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.] |
| Filing 21 Brief/Memorandum in Support filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/18/2020.] |
| Filing 20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith (Schulte, Steven) [Transferred from txnd on 8/18/2020.] |
| Filing 19 RESPONSE filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith re: #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) [Transferred from txnd on 8/18/2020.] |
| Filing 18 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Incorporated, CR Bard Inc, Does 1 through 100 Inclusive, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) [Transferred from txnd on 8/18/2020.] |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from txnd on 8/18/2020.] |
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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 7/22/2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (mla) [Transferred from txnd on 8/18/2020.]
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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.]
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| Filing 14 MOTION for Extension of Time to File Response/Reply to #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/18/2020.] |
| Filing 13 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction as Amended (Junek, Jessica) [Transferred from txnd on 8/18/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) [Transferred from txnd on 8/18/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, CR Bard Inc (Junek, Jessica) [Transferred from txnd on 8/18/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from txnd on 8/18/2020.] |
| Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Junek, Jessica) [Transferred from txnd on 8/18/2020.] |
| Filing 8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by McKesson Corporation Attorney Jessica Junek added to party McKesson Corporation(pty:dft) (Junek, Jessica) [Transferred from txnd on 8/18/2020.] |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Junek, Jessica) (Main Document 7 replaced with flattened document on 6/11/2020) (awc). [Transferred from txnd on 8/18/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CR Bard Inc. (Junek, Jessica) (Main Document 6 replaced with flattened document on 6/11/2020) (awc). [Transferred from txnd on 8/18/2020.] |
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Filing 5
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 6/9/2020) (chmb) [Transferred from txnd on 8/18/2020.]
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| Filing 4 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. (oyh) [Transferred from txnd on 8/18/2020.] |
| Filing 3 Brief/Memorandum in Support filed by Bard Peripheral Vascular, Inc., C.R. Bard, Inc. re #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Junek, Jessica) [Transferred from txnd on 8/18/2020.] |
| Filing 2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by Bard Peripheral Vascular Inc, CR Bard Inc. (Junek, Jessica) [Transferred from txnd on 8/18/2020.] |
| Filing 1 NOTICE OF REMOVAL filed by CR Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10897065) 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 - Portions of REACH Agreement (redacted), #4 Exhibit(s) B - McKesson, #5 Exhibit(s) C - 8-30-16 Romney, Kim Depositio, #6 Exhibit(s) D - Index of State 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 Citation Issued to Bard Peripheral Inc, #11 Exhibit(s) D-5 Citation Issued to C.R. Bard, Inc., #12 Exhibit(s) D-6 Citation Issued to McKesson, #13 Exhibit(s) D-7 Executed Affidavit of Service - McKesson, #14 Exhibit(s) D-8 Return of Service C.R. Bard, #15 Exhibit(s) D-9 Return of Service Bard Peripheral Vascular) (Junek, Jessica) Modified Docket Text on 6/9/2020 (oyh). [Transferred from txnd on 8/18/2020.] |
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