Smith v. C R Bard Inc et al
| Robin Smith |
| McKesson Corporation, C R Bard Inc, Does 1 through 100 and Bard Peripheral Vascular, Inc. |
| 0:2020cv00108 |
| September 1, 2020 |
| US District Court for the Eastern District of Kentucky |
| Ashland Office |
| Joseph M Hood |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 nr |
| 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 37
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 36
ORDER: 1) Deft Bard's #2 Motion to Dismiss for lack of Personal Jurisdiction and deft McKesson's #8 Motion to Dismiss for Lack of Subject Matter Jurisdiction are WITHDRAWN; 2) the parties' Joint #35 Motion to Dismiss claims against McKesson without Prejudice is GRANTED; 3) Deft McKesson is DROPPED as a party from this action; 4)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 PREJUICE; 5) Each party shall bear its own costs and fees; 6) This Order has no impact on the remaining claims and defts.. Signed by Judge Joseph M. Hood on 9/23/20. (JLS)cc: COR
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| Filing 35 JOINT MOTION to Dismiss by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Attachments: #1 Proposed Order)(Bird, Melissa) Modified on 9/22/2020 to add filer (JLS). |
| Filing 34 RESPONSE TO ORDER TO SHOW CAUSE by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation #33 filed by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Bird, Melissa) |
| ***FILE SUBMITTED TO CHAMBERS of Hood for review: #35 JOINT MOTION to Dismiss by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation , #34 Response to Order to Show Cause (JLS) |
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Filing 33
ORDER: IT IS ORDERED (1) Dfts C.R. Bard, Inc., and Bard Peripheral Vascular, Inc., are ordered to SHOW CAUSE no later than Friday, September 25, 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 ; (2) Defendant McKesson Corporation is ordered to SHOW CAUSE no later than Friday, September 25, 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 9/4/20.(KSS)cc: COR
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Filing 32
ORDER: Matthews, Junek and Jarreau's #31 Motion to Withdraw as Attorney us GRANTED. The clerk is directed that Matthews, Junek and Jarreau shall be TERMINATED as counsel of record. Attys Bird and Davis shall remain as counsel for Defts. Signed by Judge Joseph M. Hood on 9/3/20. (JLS)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Hood for review: re #31 MOTION to Withdraw as Attorney by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (KSS) |
| Filing 31 MOTION to Withdraw as Attorney by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Attachments: #1 Proposed Order)(Bird, Melissa) |
| Filing 30 NOTICE of Appearance by Melissa Foster Bird on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Bird, Melissa) |
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Filing 29
ORDER: IT IS ORDERED that the above-styled action is hereby REASSIGNED to the Honorable Joseph M. Hood, Judge of the Eastern District of Kentucky, for all further proceedings. Signed by Judge Henry R. Wilhoit, Jr on 9/2/20.(KSS)cc: COR
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| Filing 27 CASE TRANSFERRED IN from District of Texas Northern. Case number 3:20-cv-02626. Original file, certified copy of transfer order and docket sheet received. cc: COR |
| 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 26
MEMORANDUM OPINION AND ORDER Grants #20 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 Denise Cheeks's case be severed and transferred to the Alexandria Division of the Eastern District of Virginia (3:20-cv-2620 case opened); b. Plaintiff Stephanie McDade's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (3:20-cv-2621 case opened); c. Plaintiff Adrian Murray's case be severed and transferred to the Southern Division of the Western District of Missouri (3:20-cv-2622 case opened); d. Plaintiff Shai Payne's case be severed and transferred to the Eastern Division of the Eastern District of Missouri (3:20-cv-2623 case opened); e. Plaintiff Merline Salmon's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (3:20-cv-2624 case opened); f. Plaintiff Melvin Smith's case be severed and transferred to the Eastern Division of the Northern District of Alabama (3:20-cv-2625 case opened); g. Plaintiff Robin Smith's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (3:20-cv-2626); and h. Plaintiff Sharon Spangler's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (3:20-cv-2627 case opened). Plaintiff Sharon Lynch 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 8/31/2020) (mjr) [Transferred from txnd on 9/2/2020.]
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Filing 25
ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Janice Newson's claims against Defendants. The parties shall bear their own costs. Party Janice Newson terminated. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (axm) [Transferred from txnd on 9/2/2020.]
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| Filing 24 Supplemental RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #20 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) Modified title on 8/25/2020 (awc). [Transferred from txnd on 9/2/2020.] |
| Filing 23 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #20 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) [Transferred from txnd on 9/2/2020.] |
| Filing 22 Appendix in Support filed by Denise Cheeks, Stephanie McDade, Adrian Murray, Janice Newson, Shai Payne, Merline Salmon, Melvin Smith, Robin Smith, Sharon Spangler re #20 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 21 Brief/Memorandum in Support filed by Denise Cheeks, Stephanie McDade, Adrian Murray, Janice Newson, Shai Payne, Merline Salmon, Melvin Smith, Robin Smith, Sharon Spangler re #20 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 20 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division filed by Denise Cheeks, Stephanie McDade, Adrian Murray, Janice Newson, Shai Payne, Merline Salmon, Melvin Smith, Robin Smith, Sharon Spangler (Attachments: #1 Proposed Order) (Schulte, Steven) Modified on 8/26/2020 (ali). [Transferred from txnd on 9/2/2020.] |
| Filing 19 RESPONSE AND OBJECTION filed by Denise Cheeks, Sharon Lynch, Stephanie McDade, Adrian Murray, Janice Newson, Shai Payne, Merline Salmon, Melvin Smith, Robin Smith, Sharon Spangler re: #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 18 **DISREGARD- incorrect case number.** RESPONSE AND OBJECTION filed by Denise Cheeks, Sharon Lynch, Stephanie McDade, Adrian Murray, Janice Newson, Shai Payne, Merline Salmon, Melvin Smith, Robin Smith, Sharon Spangler re: #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) Modified on 8/4/2020 (dsr). [Transferred from txnd on 9/2/2020.] |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Denise Cheeks, Sharon Lynch, Stephanie McDade, Adrian Murray, Janice Newson, Shai Payne, Merline Salmon, Melvin Smith, Robin Smith, Sharon Spangler (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 16 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 9/2/2020.] |
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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 9/2/2020.]
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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 9/2/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #2 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 Denise Cheeks, Sharon Lynch, Stephanie McDade, Adrian Murray, Janice Newson, Shai Payne, Merline Salmon, Melvin Smith, Robin Smith, Sharon Spangler (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 12 replaced with the document flattened on 6/18/2020) (pnp). [Transferred from txnd on 9/2/2020.] |
| Filing 11 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 9/2/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from txnd on 9/2/2020.] |
| 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 9/2/2020.] |
| 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 9/2/2020.] |
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Filing 7
ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge Jane J. Boyle no longer assigned to case. (Ordered by Judge Jane J. Boyle on 6/15/2020) (svc) [Transferred from txnd on 9/2/2020.]
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| Filing 6 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 9/2/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Junek, Jessica) [Transferred from txnd on 9/2/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Junek, Jessica) [Transferred from txnd on 9/2/2020.] |
| 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 9/2/2020.] |
| Filing 2 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 9/2/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10911897) 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 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 Bard Peripheral, #12 Exhibit(s) D-6 Citation Issued C.R. Bard Inc., #13 Exhibit(s) D-7 Citation Issued McKesson, #14 Exhibit(s) D-8 Affidavit of Service McKinnson, #15 Exhibit(s) D-9 Return of Service - C. R. Bard, #16 Exhibit(s) D-10 Notice of Initial Dismissal Hearing, #17 Exhibit(s) D-11 Return of Service - Bard Peripheral) (Junek, Jessica) [Transferred from txnd on 9/2/2020.] |
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