Rose v. C R Bard Inc et al
| Brandi Rose |
| C R Bard Incorporated, McKesson Corporation, Bard Peripheral Vascular Incorporated and Does 1 through 100 |
| 0:2020cv00110 |
| September 2, 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 40
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 39
ORDER: 1) Deft Bard's #3 Motion to Dismiss for Lack of Jurisdiction and Deft McKesson's #10 Motion to Dismiss for Lack of Jurisdiction are WITHDRAWN; 2) the Parties' Joint #38 Motion to Dismiss the claims against McKesson Corporation without Prejudice is GRANTED; 3) McKesson is DROPPED as a party from this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 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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| NOTICE OF ACTION BY CLERK DELETING A DOCUMENT FROM THE RECORD: Rose v. C.R. Bard, Inc., et al. The deleted document was entered on 9/23/20. Document deleted because Incorrect PDF attached to entry. **TDA** cc: COR (JLS) |
| ***MOTION SUBMITTED TO CHAMBERS of Hood for review: re #38 JOINT MOTION to Dismiss by Bard Peripheral Vascular Incorporated, C R Bard Incorporated, McKesson Corporation. (JLS) |
| Filing 38 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). |
| Filing 37 RESPONSE TO ORDER TO SHOW CAUSE by Bard Peripheral Vascular Incorporated, C R Bard Incorporated, McKesson Corporation #36 filed by Bard Peripheral Vascular Incorporated, C R Bard Incorporated, McKesson Corporation. (Bird, Melissa) |
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Filing 36
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 Plfs' claims for Lack of Personal Jurisdiction DE #3 ; and (2) Dft 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 Plfs' Claims for Lack of Subject Matter Jurisdiction DE #10 . Signed by Judge Joseph M. Hood on 9/4/2020.(KSS)cc: COR
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Filing 35
ORDER: Matthews and Jarreau's #34 Motion to Withdraw as Attorney is granted. the Clerk is DIRECTED that Matthews and Jarreau shall be TERMINATED as counsel or record. Attorneys Bird and Davis ahll remain as counsel of record for these Defts. Signed by Judge Joseph M. Hood on 9/3/20. (JLS)cc: COR
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| Filing 34 MOTION to Withdraw as Attorney by Bard Peripheral Vascular Incorporated, C R Bard Incorporated, McKesson Corporation (Attachments: #1 Proposed Order)(Bird, Melissa) |
| Filing 33 NOTICE of Appearance by Melissa Foster Bird on behalf of Bard Peripheral Vascular Incorporated, C R Bard Incorporated, McKesson Corporation (Bird, Melissa) |
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Filing 31
ORDER : the above-styled action is hereby REASSIGNED to the Honorable Joseph M. Hood, Judge, EDKY, for all further proceedings. Signed by Judge Henry R. Wilhoit, Jr on 9/3/20.(JLS)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Hood for review: #31 Order (JLS) |
| Filing 29 CASE TRANSFERRED IN from District of Texas Northern. Case number 3:20-cv-02698. 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 28
Memorandum Opinion and Order Grants #18 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 Reginald Carlock's case be severed and transferred to the Central Division of the Eastern Division of Arkansas (3:20-cv-2692 case opened); b. Plaintiff Lucretia Gaddis's case be severed and transferred to the Northern Division of the Southern District of Mississippi (3:20-cv-2693 case opened); c. Plaintiff Earl Lee's case be severed and transferred to the Eastern Division of the Southern District of Mississippi (3:20-cv-2694 case opened); d. Plaintiff Emile Wilkinson-Arter's case be severed and transferred to the Western Division of the Western District of Missouri (3:20-cv-2695 case opend); e. Plaintiff Susan Degrado's case be severed and transferred to the Reno Division of the District of Nevada (3:20-cv-2696 case opened); f. Plaintiff Jacob Williams's case be severed and transferred to the Augusta Division of the Southern District of Georgia (3:20-cv-2697 case opened); g. Plaintiff Brandi Rose's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (3:20-cv-2698 case opened); and h. Plaintiff Anna Parker's case be severed and transferred to the Milwaukee Division of the Eastern District of Wisconsin (3:20-cv-2699 case opened). Plaintiff Lillian Chapa-Mendez 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 27
ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Robert Conley's claims against Defendants. The parties shall bear their own costs Party Robert Conley terminated. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (axm) [Transferred from txnd on 9/2/2020.]
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| Filing 26 Supplemental RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) Modified title on 8/25/2020 (awc). [Transferred from txnd on 9/2/2020.] |
| Filing 25 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 9/2/2020.] |
| Filing 24 NOTICE of Filing Completed Forms for Each Plaintiff re: #23 Order Setting Deadline/Hearing, filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) Exhibit A) (Matthews, Melissa) [Transferred from txnd on 9/2/2020.] |
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Filing 23
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 8/10/2020. (Ordered by Judge Karen Gren Scholer on 8/3/2020) (ctf) [Transferred from txnd on 9/2/2020.]
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| Filing 22 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation re: #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 9/2/2020.] |
| Filing 21 Appendix in Support filed by Reginald Carlock, Lillian Chapa-Mendez, Robert Conley, Susan Degrado, Lucretia Gaddis, Earl Lee, Anna Parker, Brandi Rose, Emile Wilkinson-Arter, Jacob Williams re #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases including Declaration and Exhibits (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Reginald Carlock, Lillian Chapa-Mendez, Robert Conley, Susan Degrado, Lucretia Gaddis, Earl Lee, Anna Parker, Brandi Rose, Emile Wilkinson-Arter, Jacob Williams re #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 19 RESPONSE filed by Reginald Carlock, Lillian Chapa-Mendez, Robert Conley, Susan Degrado, Lucretia Gaddis, Earl Lee, Anna Parker, Brandi Rose, Emile Wilkinson-Arter, Jacob Williams re: #3 MOTION to Dismiss for Lack of Jurisdiction , #10 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Reginald Carlock, Lillian Chapa-Mendez, Robert Conley, Susan Degrado, Lucretia Gaddis, Earl Lee, Anna Parker, Brandi Rose, Emile Wilkinson-Arter, Jacob Williams (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Reginald Carlock, Lillian Chapa-Mendez, Robert Conley, Susan Degrado, Lucretia Gaddis, Earl Lee, Anna Parker, Brandi Rose, Emile Wilkinson-Arter, Jacob Williams (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
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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 txnd on 9/2/2020.]
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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 for Lack of Jurisdiction filed by Reginald Carlock, Lillian Chapa-Mendez, Robert Conley, Susan Degrado, Lucretia Gaddis, Earl Lee, Anna Parker, Brandi Rose, Emile Wilkinson-Arter, Jacob Williams (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
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Filing 14
ELECTRONIC ORDER: Civil action numbers 3:20-CV-1499-X; 3:20-CV-1469-X; 3:20-CV-1566-X; and 3:20-CV-1500-X are hereby transferred to the docket of the Honorable Karen Gren Scholer and shall henceforth carry the suffix letter "S". (Ordered by Judge Brantley Starr on 6/19/2020) (ctf) [Transferred from txnd on 9/2/2020.]
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| Filing 13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 11 Brief/Memorandum in Support filed by McKesson Corporation re #10 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 9 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 4 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, C R Bard Inc re #3 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| 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 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 0539-10896335) 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 page, #5 Exhibit(s) C - 08.30.2016 Romney, Kim deposition, #6 Exhibit(s) D-1 Index of State Docs, #7 Exhibit(s) D-2 Chapa-Menza - State Court Docket Sheet, #8 Exhibit(s) D-3. 2020-04-07 - Plaintiffs' Original Petition, #9 Exhibit(s) D-4. 2020-04-07 - Civil Case Information Sheet, #10 Exhibit(s) D-5. 2020-04-08 - Citation Issued to Bard Peripheral Vascular, Inc., #11 Exhibit(s) D-6. 2020-04-08 - Citation Issued to C.R. Bard, #12 Exhibit(s) D-7 2020-04-08 - Citation Issued to McKesson, #13 Exhibit(s) D-8 2020-05-06 - Executed Affidavit of Service to McKesson Corp - 05-01-2020, #14 Exhibit(s) D-9 2020-05-22 - Executed Return of Service to C. R. Bard - 05-20-2020, #15 Exhibit(s) D-10 2020-06-04 Executed Return of Service to Bard Peripheral Vascular, Inc. - 05-20-2020) (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
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