Wehrle v. C R Bard Inc et al
| Hazel Wehrle |
| C R Bard Inc, Does 1 through 100, McKesson Corporation and Bard Peripheral Vascular, Inc. |
| 2:2020cv00123 |
| September 2, 2020 |
| US District Court for the Eastern District of Kentucky |
| Covington Office |
| Edward B Atkins |
| David L Bunning |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 6, 2020. A more recent docket listing may be available from PACER.
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Filing 41
VIRTUAL ORDER: granting #40 JOINT MOTION to Stay by Plaintiff Wehrle and Defendants Bard Peripheral Vascular, Inc. and C R Bard Inc. All discovery and pretrial deadlines are STAYED until February 1, 2021 to allow the Parties to finalize settlement. IT IS FURTHER ORDERED that not later than February 1, 2021, the parties shall file a further Joint Status Report or Agreed Order of Dismissal. Signed by Judge David L. Bunning on 10/6/2020.(TJZ)cc: COR
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| Filing 40 JOINT MOTION to Stay by Bard Peripheral Vascular, Inc., C R Bard Inc Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Bird, Melissa) |
| Filing 39 JOINT STATUS REPORT by Bard Peripheral Vascular, Inc., C R Bard Inc. (Attachments: #1 Exhibit 1 - CMO No. 7, #2 Exhibit 2 - Stipulated Protective Order, #3 Exhibit 3 - CMO No. 17, #4 Exhibit 4 - CMO No. 12)(Bird, Melissa) |
| Filing 38 NOTICE TO ATTORNEY Steve Schulte by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: #1 Atty Data Sheet-No record found)(ECO) |
| Filing 37 NOTICE TO ATTORNEY Darren McDowell by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: #1 Atty Data Sheet-No record found)(ECO) |
| Filing 36 NOTICE TO ATTORNEY Eric Martin Przybysz by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: #1 Atty Data Sheet - No record found)(ECO) |
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Filing 35
ORDER: That the Motion #34 is GRANTED. All of Plaintiff's causes ofaction against McKesson Corporation are dismissed without prejudice, with each party to bear its own costs and fees. Signed by Judge David L. Bunning on 9/25/2020.(ECO)cc: COR
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| Filing 34 JOINT MOTION to Dismiss by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Attachments: #1 Proposed Order)(Bird, Melissa) |
| ***MOTION SUBMITTED TO CHAMBERS of David L. Bunning for review: re #34 JOINT MOTION to Dismiss by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (ECO) |
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Filing 33
ORDER: that Melissa Dorman Matthews, Esq. and Jordan E. Jarreau, Esq. 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 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 Magistrate Judge Edward B. Atkins on 09/04/2020. (KRB)cc: COR
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Filing 32
ORDER FOR MEETING AND REPORT: 1) Within 21 days parties shall meet to discuss nature and basis of their claims, possibilities of prompt settlement, arrange for disclosures, and develop proposed discovery plan. 2) Within 10 days after meeting parties shall file a joint status report containing: a) discovery plan;b) estimate of the time necessary to file pretrial motions; c) belief as to whether the matter is suitable for some form of ADR; d) estimate as to the probable length of trial; e) whether the parties will consent to the jurisdiction of a Magistrate Judge (Atkins) for all further proceedings.Consent forms are attached to this Order and forms should be filed no later than the date counsels' joint status report is due. If all parties so consent, the Clerk shall reassign this matter without further Order. Signed by Judge David L. Bunning on 9/3/2020. (Attachments: #1 Consent Form)(TJZ)cc: COR
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| Filing 31 MOTION to Withdraw as Attorney by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation Motions referred to Edward B. Atkins. (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
STANDING REFERRAL ORDER: 1) This case is referred to the assigned U.S. Magistrate Judge at Covington to supervise discovery and pretrial proceedings. Unless otherwise ordered by the Court, the case will revert back to the undersigned to hold the final pretrial conference and trial. 2) The Magistrate Judge is authorized to conduct all pretrial and status conferences, to hold such hearings as may be required, and to rule on nondispositive motions, exceptmotions in limine. Dispositive motions and motions in limine will be referred by to the undersigned. The final pretrial conference and trial willalso be before the undersigned, unless the parties agree to a trial by a Magistrate Judge. 3) Discovery disputes shall be resolved in the following manner: (1) Parties shall meet in an attempt to resolve disputes between themselves; (2) if the parties are unable to resolve such disputes informally, they shall attempt to resolve their disagreement by telephone conference with the Magistrate Judge; (3) if parties are unable to resolve their disputes after conference with the Magistrate Judge, they may file appropriate written motions with the Court. Signed by Judge David L. Bunning on 1/13/2011.(TJZ)cc: COR
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| Filing 27 CASE TRANSFERRED IN from District of Texas Northern. Case number 3:20-cv-02707. 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 Bunning for review: CASE TRANSFERRED IN from District of Texas Northern. (TDA) |
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Filing 26
MEMORANDUM OPINION AND ORDER grants #19 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 Alma Concha's case be severed and transferred to the Eastern District of Louisiana (Civil case 3:20-cv-2700 opened); b. Plaintiff Brian Ganoe's case be severed and transferred to the Harrisburg Division of the middle District of Pennsylvania (Civil case 3:20-cv-2701 opened); c. Plaintiff Cornelia Hunter's case be severed and transferred to the Jacksonville Division of the Middle District of Florida (Civil case 3:20-cv-2702 opened); d. Plaintiff Stanley Keim's case be severed and transferred to the Indianapolis Division of the Southern District of Indiana (Civil case 3:20-cv-2703 opened); e. Plaintiff Sarah Roth's case be severed and transferred to the Northern Division of the Western District of Michigan (Civil case 3:20-cv-2704 opened); f. Plaintiff Debbie Thompson's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (Civil case 3:20-cv-2705 opened); g. Plaintiff Robin Urbanec's case be severed and transferred to the Hartford Division of the District of Connecticut (Civil case 3:20-cv-2706 opened); and h. Plaintiff Hazel Wehrle's case be severed and transferred to the Covington Division of the Eastern District of Kentucky (Civil case 3:20-cv-2707 opened). Plaintiff Kathy Shaw 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) (jmg)[Transferred from txnd on 9/2/2020.]
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Filing 25
ORDER Dismissing Parties. Party James Saitas terminated. The parties shall bear their own costs. All relief not expressly granted is DENIED. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (oyh) [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: #19 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.] |
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Filing 23
***PLEASE DISREGARD FILED IN WRONG CASE*** Order: Before the Court are defendants Medical City Healthcare and Medical City Las Colinas's motion to dismiss [Doc. No. #15 ] and lead plaintiff Pearl De Leons motion to certify the class [Doc. No. #18 ]. For the following reasons, the Court finds it premature to decide the motions on their merits. Therefore, the Court DENIES WITHOUT PREJUDICE both motions. In the meantime, the Court ADMINISTRATIVELY CLOSES this case, which will reopen upon the parties' filing of their joint status report and amended proposed scheduling order. (Ordered by Judge Brantley Starr on 8/24/2020) (ndt) Modified on 8/24/2020 (ndt). [Transferred from txnd on 9/2/2020.]
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| Filing 22 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 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 21 Appendix in Support filed by Alma Concha, Brian Ganoe, Cornelia Hunter, Stanley Keim, Sarah Roth, James Saitas, Debbie Thompson, Robin Urbanec, Hazel Wehrle re #19 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 Brief/Memorandum in Support filed by Alma Concha, Brian Ganoe, Cornelia Hunter, Stanley Keim, Sarah Roth, James Saitas, Debbie Thompson, Robin Urbanec, Hazel Wehrle re #19 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 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division filed by Alma Concha, Brian Ganoe, Cornelia Hunter, Stanley Keim, Sarah Roth, James Saitas, Debbie Thompson, Robin Urbanec, Hazel Wehrle (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 18 RESPONSE AND OBJECTION filed by Alma Concha, Brian Ganoe, Cornelia Hunter, Stanley Keim, Sarah Roth, James Saitas, Kathy Shaw, Debbie Thompson, Robin Urbanec, Hazel Wehrle re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Alma Concha, Brian Ganoe, Cornelia Hunter, Stanley Keim, Sarah Roth, James Saitas, Kathy Shaw, Debbie Thompson, Robin Urbanec, Hazel Wehrle (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (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 7/22/2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (oyh) [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 #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction filed by Alma Concha, Brian Ganoe, Cornelia Hunter, Stanley Keim, Sarah Roth, James Saitas, Kathy Shaw, Debbie Thompson, Robin Urbanec, Hazel Wehrle (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. (Matthews, Melissa) (Main Document 12 replaced with flattened document on 6/23/2020) (pnp). [Transferred from txnd on 9/2/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from txnd on 9/2/2020.] |
| Filing 10 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 9/2/2020.] |
| Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from txnd on 9/2/2020.] |
| Filing 8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from txnd on 9/2/2020.] |
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Filing 6
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 6/15/2020) (chmb) [Transferred from txnd on 9/2/2020.]
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| Filing 7 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. (hml) [Transferred from txnd on 9/2/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Matthews, Melissa) [Transferred from txnd on 9/2/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Matthews, Melissa) [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 for Lack of Jurisdiction (Matthews, Melissa) [Transferred from txnd on 9/2/2020.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. (Matthews, Melissa) [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 0539-10913526) 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 Corporation, #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 to Bard Peripheral Vascular, Inc., #12 Exhibit(s) D-6 - Citation to C.R. Bard, Inc., #13 Exhibit(s) D-7 - Citation to McKesson Corp., #14 Exhibit(s) D-8 - Notice of Dismissal Hearing, #15 Exhibit(s) D-9 - Affidavit of Service - McKesson, #16 Exhibit(s) D-10 - Return of Service - C.R. Bard, Inc., #17 Exhibit(s) D-11 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from txnd on 9/2/2020.] |
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