Lewis v. CR Bard Inc et al
Plaintiff: John Lewis
Defendant: C R Bard Incorporated, Does 1 through 100, McKesson Corporation and Bard Peripheral Vascular, Inc.
Case Number: 0:2020cv00101
Filed: August 19, 2020
Court: US District Court for the Eastern District of Kentucky
Office: Ashland Office
Presiding Judge: Joseph M Hood
Referring Judge: Henry R Wilhoit
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1441
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 34 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) estimate 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 33 ORDER: 1) Deft Bard's #3 Motion to Dismiss for Lack of Personal Jurisdiction and Deft, McKesson's #8 Motion to Dismissfor Lack of Jurisdiction are WITHDRAWN; 2) the Parties' Joint #32 Motion to Dismiss is GRANTED; 3) Deft McKesson is DROPPED as a party from this action; 4) All claims against McKesson are DISMISSED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 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 #32 JOINT MOTION to Dismiss by Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation. (JLS)
September 14, 2020 Filing 32 JOINT MOTION to Dismiss by Bard Peripheral Vascular, Inc., 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 31 RESPONSE TO ORDER TO SHOW CAUSE by Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation #29 filed by Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation. (Bird, Melissa)
August 25, 2020 Opinion or Order Filing 30 ORDER: IT IS ORDERED that Melissa Dorman Matthews; Jordan E. Jarreau and Jessica Junek are GRANTED leave to withdraw as counsel of record for Defendants C.R. Bard, Inc., Bard Peripheral Vascular, Inc., and McKesson Corporation in the above-captioned matter. The Clerk of Court is DIRECTED that Ms. Matthews, Ms. Junek and Ms. Jarreau shall be TERMINATED as counsel of record. Attorneys Melissa Foster Bird, Esq. and Megan Basham Davis, Esq. shall remain as counsel of record for these Defendants. Signed by Judge Joseph M. Hood on 8/25/20.(KSS)cc: COR
August 25, 2020 Opinion or Order Filing 29 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 #8 . Signed by Judge Joseph M. Hood on 8/25/20.(KSS)cc: COR
August 25, 2020 Filing 28 MOTION to Withdraw as Attorney by Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation (Attachments: #1 Proposed Order)(Bird, Melissa)
August 25, 2020 Filing 27 NOTICE of Appearance by Melissa Foster Bird on behalf of Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation (Bird, Melissa)
August 24, 2020 ***FILE SUBMITTED TO CHAMBERS of Hood for review: #26 Order Reassigning Case (KSS)
August 21, 2020 Opinion or Order Filing 26 ORDER: IT IS ORDERED that the above-styled action is hereby REASSIGNED to the Honorable Judge Joseph M. Hood for all further proceedings. Signed by Judge Henry R. Wilhoit, Jr on 8/21/20.(KSS)cc: COR
August 19, 2020 ***FILE SUBMITTED TO CHAMBERS of Judge Wilhoit for review: CASE TRANSFERRED IN from District of Texas Northern. (TDA)
August 19, 2020 Conflict Check run. (TDA)
August 19, 2020 Filing 24 CASE TRANSFERRED IN from District of Texas Northern. Case number 3:20-cv-02277. Original file, certified copy of transfer order and docket sheet received. cc: COR w/ docket sheet
August 18, 2020 Opinion or Order Filing 23 MEMORANDUM OPINION AND ORDER granting #19 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 Joanne Burks's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (Civil case 3:20-cv-2275-S opened); b. Plaintiff Billy Goodman's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2276-S opened); c. Plaintiff John Lewis's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (Civil case 3:20-cv-2277-S opened); d. Plaintiff Deborah Melton's case be severed and transferred to the Florence Division of the District of South Carolina (Civil case 3:20-cv-2278-S opened); e. Plaintiff Jolanda Pulliam's case be severed and transferred to the Cape Girardeau Division of the Eastern District of Missouri (Civil case 3:20-cv-2279-S opened); f. Plaintiff Maria Terry's case be severed and transferred to the District of Columbia (Civil case 3:20-cv-2280-S opened); g. Plaintiff Emmitt Thomas's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2281-S opened); h. Plaintiff Melissa Tuttle's case be severed and transferred to the Buffalo Division of the Western District of New York (Civil case 3:20-cv-2282-S opened); i. Plaintiff Beverly William's s case be severed and transferred to the Miami Division of the Southern District of Florida (Civil case 3:20-cv-2283-S opened). Plaintiff Laverne Keeling 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 8/18/2020) (axm) [Transferred from txnd on 8/19/2020.]
August 14, 2020 Filing 22 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 8/19/2020.]
July 30, 2020 Filing 21 Appendix in Support filed by Joanne Burks, Billy Goodman, Laverne Keeling, John Lewis, Deborah Melton, Jolanda Pulliam, Maria Terry, Emmitt Thomas, Melissa Tuttle, Beverly William re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from txnd on 8/19/2020.]
July 30, 2020 Filing 20 Brief/Memorandum in Support filed by Joanne Burks, Billy Goodman, Laverne Keeling, John Lewis, Deborah Melton, Jolanda Pulliam, Maria Terry, Emmitt Thomas, Melissa Tuttle, Beverly William re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/19/2020.]
July 30, 2020 Filing 19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Joanne Burks, Billy Goodman, Laverne Keeling, John Lewis, Deborah Melton, Jolanda Pulliam, Maria Terry, Emmitt Thomas, Melissa Tuttle, Beverly William (Schulte, Steven) [Transferred from txnd on 8/19/2020.]
July 30, 2020 Filing 18 RESPONSE filed by Joanne Burks, Billy Goodman, Laverne Keeling, John Lewis, Jolanda Pulliam, Maria Terry, Emmitt Thomas, Melissa Tuttle, Beverly William re: #3 MOTION to Dismiss the Out-of State Plaintiffs' Claims for Lack of Personal Jurisdiction, #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) [Transferred from txnd on 8/19/2020.]
July 22, 2020 Filing 17 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 txnd on 8/19/2020.]
July 22, 2020 Filing 16 NOTICE of Filing Completed Forms For Each Plaintiff filed by Joanne Burks, Billy Goodman, Laverne Keeling, John Lewis, Deborah Melton, Jolanda Pulliam, Maria Terry, Emmitt Thomas, Melissa Tuttle, Beverly William (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from txnd on 8/19/2020.]
July 16, 2020 Opinion or Order 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 July 22, 2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (ndt) [Transferred from txnd on 8/19/2020.]
July 1, 2020 Opinion or Order 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 txnd on 8/19/2020.]
June 29, 2020 Filing 13 MOTION for Extension of Time to File Response/Reply to #3 MOTION to Dismiss the Out-of State Plaintiffs' Claims for Lack of Personal Jurisdiction, #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by Joanne Burks, Billy Goodman, Laverne Keeling, John Lewis, Deborah Melton, Jolanda Pulliam, Maria Terry, Emmitt Thomas, Melissa Tuttle, Beverly William (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/19/2020.]
June 16, 2020 Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Junek, Jessica) [Transferred from txnd on 8/19/2020.]
June 16, 2020 Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from txnd on 8/19/2020.]
June 16, 2020 Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 10 replaced to flatten image on 6/16/2020) (dsr). [Transferred from txnd on 8/19/2020.]
June 16, 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 8/19/2020.]
June 16, 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 8/19/2020.]
June 10, 2020 Opinion or Order Filing 7 ORDER: This case is hereby TRANSFERRED to the docket of the Honorable Karen Gren Scholer. All future pleadings shall subsequently be filed under Civil Action No. 3:20-cv-01490-S. (Ordered by Chief Judge Barbara M. G. Lynn on 6/10/2020) (aaa) [Transferred from txnd on 8/19/2020.]
June 10, 2020 Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Junek, Jessica) (Main Document 6 replaced with flattened document on 6/11/2020) (awc). [Transferred from txnd on 8/19/2020.]
June 10, 2020 Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Junek, Jessica) (Main Document 5 replaced with flattened document on 6/11/2020) (awc). [Transferred from txnd on 8/19/2020.]
June 9, 2020 Filing 4 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, C R Bard Inc re #3 MOTION to Dismiss the Out-of State Plaintiffs' Claims for Lack of Personal Jurisdiction (Junek, Jessica) [Transferred from txnd on 8/19/2020.]
June 9, 2020 Filing 3 MOTION to Dismiss the Out-of State Plaintiffs' Claims for Lack of Personal Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Junek, Jessica) [Transferred from txnd on 8/19/2020.]
June 9, 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 txnd on 8/19/2020.]
June 9, 2020 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10899538) 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, #5 Exhibit(s) C - 8-30-16 Romney, Kim Deposition, #6 Exhibit(s) D - Index of State Court Docs, #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 Bard Peripheral Vascular, #12 Exhibit(s) D-6 - Citation Issued C.R. Bard Inc., #13 Exhibit(s) D-7 - Citation Issued McKisson, #14 Exhibit(s) D-8 - Executed Aff of Service to McKesson, #15 Exhibit(s) D-9 - Executed Return of Service C.R. Bard, #16 Exhibit(s) D-10 - Executed Return of Service Bard Peripheral) (Junek, Jessica) [Transferred from txnd on 8/19/2020.]

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Search for this case: Lewis v. CR Bard Inc et al
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Defendant: C R Bard Incorporated
Represented By: Jessica Junek
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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Defendant: McKesson Corporation
Represented By: Jessica Junek
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, Inc.
Represented By: Jessica Junek
Represented By: Melissa Dorman Matthews
Represented By: Jordan E. Jarreau
Represented By: Megan Basham Davis
Represented By: Melissa Foster Bird
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Plaintiff: John Lewis
Represented By: Steve Schulte
Represented By: Eric Martin Przybysz
Represented By: Darren McDowell
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