Eddlemon v. C R Bard Inc et al
Plaintiff: Carolyn Eddlemon
Defendant: C R Bard Incorporated, McKesson Corporation, Does 1 through 100 and Bard Peripheral Vascular, Inc.
Case Number: 5:2020cv00355
Filed: August 19, 2020
Court: US District Court for the Eastern District of Kentucky
Office: Lexington Office
Presiding Judge: Gregory F VanTatenhove
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 30, 2020 Opinion or Order Filing 33 ORDER: It is hereby ORDERED that Pla's claims against Dft McKesson Corporation are DISMISSED WITHOUT PREJUDICE. Each party shall bear his, her, or its own costs and fees. The claims against the other Dfts are unaffected by this Order. Signed by Judge Gregory F. VanTatenhove on 09/30/2020. (MDC) cc: COR
September 24, 2020 ***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #32 JOINT MOTION to Dismiss by Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation, Carolyn Eddlemon (SLH)
September 23, 2020 Filing 32 JOINT MOTION to Dismiss by Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation, Carolyn Eddlemon (Attachments: #1 Proposed Order)(Bird, Melissa) Modified text and filers on 9/24/2020 (SLH).
August 26, 2020 Opinion or Order Filing 31 ORDER : Defendants' Motions to Dismiss [R. #2 ; R. #10 ] are DENIED AS MOOT. Signed by Judge Gregory F. VanTatenhove on 8/26/2020.(JJ)cc: COR
August 26, 2020 Opinion or Order Filing 30 ORDER: The Court hereby ORDERS that the Motion to Withdraw [R. #29 ] is GRANTED. The appearances of Melissa Dorman Matthews and Jordan E. Jarreau are WITHDRAWN in this matter and electronic notifications of filing to above mentioned counsel are hereby TERMINATED. Signed by Judge Gregory F. VanTatenhove on 8/26/2020.(JJ)cc: COR
August 25, 2020 Filing 29 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 28 NOTICE of Appearance by Melissa Foster Bird on behalf of Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation (Bird, Melissa)
August 19, 2020 Conflict Check run. (STC)
August 19, 2020 Filing 26 CASE TRANSFERRED IN from District of Texas Northern. Case number 3:20-cv-02285. Original file, certified copy of transfer order and docket sheet received. cc: COR w/ docket sheet
August 18, 2020 Opinion or Order Filing 25 MEMORANDUM OPINION AND ORDER granting #21 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 Leonard Clark's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil case 3:20-cv-2284-S opened); b. Plaintiff Carolyn Eddlemon's case be severed and transferred to the Lexington Division of the Eastern District of Kentucky (Civil case 3:20-cv-2285-S opened); c. Plaintiff Sandra Fry's case be severed and transferred to the Kansas City Division of the Western District of Missouri (Civil case 3:20-cv-2286-S opened); d. Plaintiff Daniel Norris's case be severed and transferred to the Akron Division of the Northern District of Ohio (Civil case 3:20-cv-2287-S opened); e. Plaintiff Paula Orr's case be severed and transferred to the Honolulu Division of the District of Hawaii (Civil case 3:20-cv-2288-S opened); f. Plaintiff Josh Smith's case be severed and transferred to the Chattanooga Division of the Eastern District of Tennessee (Civil case 3:20-cv-2289-S opened); g. Plaintiff Mary Stoke's case be severed and transferred to the Pittsburgh Division of the Western District of Pennsylvania (Civil case 3:20-cv-2290-S opened); h. Plaintiff Kathlene Toft's case be severed and transferred to the Denver Division of the District of Colorado (Civil case 3:20-cv-2291-S opened); i. Plaintiff George Watts's case be severed and transferred to the Wilmington Division of the Eastern District of North Carolina (Civil case 3:20-cv-2292-S opened). Plaintiff Magdelena Macias 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 24 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #21 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 23 Appendix in Support filed by Leonard Clark, Carolyn Eddlemon, Sandra Fry, Magdalena Macias, Darrel Norris, Paula Orr, Josh Smith, Mary Stoke, Kathlene Toft, George Watts re #21 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 22 Brief/Memorandum in Support filed by Leonard Clark, Carolyn Eddlemon, Sandra Fry, Magdalena Macias, Darrel Norris, Paula Orr, Josh Smith, Mary Stoke, Kathlene Toft, George Watts re #21 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 21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Leonard Clark, Carolyn Eddlemon, Sandra Fry, Magdalena Macias, Darrel Norris, Paula Orr, Josh Smith, Mary Stoke, Kathlene Toft, George Watts (Schulte, Steven) [Transferred from txnd on 8/19/2020.]
July 30, 2020 Filing 20 RESPONSE filed by Leonard Clark, Carolyn Eddlemon, Sandra Fry, Magdalena Macias, Darrel Norris, Paula Orr, Josh Smith, Mary Stoke, Kathlene Toft, George Watts re: #2 MOTION to Dismiss for Lack of Jurisdiction , #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Schulte, Steven) [Transferred from txnd on 8/19/2020.]
July 22, 2020 Filing 19 NOTICE of Filing Completed Forms For Each Plaintiff filed by Leonard Clark, Carolyn Eddlemon, Sandra Fry, Magdalena Macias, Darrel Norris, Paula Orr, Josh Smith, Mary Stoke, Kathlene Toft, George Watts (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from txnd on 8/19/2020.]
July 21, 2020 Filing 18 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) [Transferred from txnd on 8/19/2020.]
July 16, 2020 Opinion or Order Filing 17 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 8/19/2020.]
July 1, 2020 Opinion or Order 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 8/19/2020.]
June 29, 2020 Filing 15 MOTION for Extension of Time to File Response/Reply to #2 MOTION to Dismiss for Lack of Jurisdiction , #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by Leonard Clark, Carolyn Eddlemon, Sandra Fry, Magdalena Macias, Darrel Norris, Paula Orr, Josh Smith, Mary Stoke, Kathlene Toft, George Watts (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/19/2020.]
June 16, 2020 Filing 14 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 14 replaced to flatten image on 6/16/2020) (dsr). [Transferred from txnd on 8/19/2020.]
June 16, 2020 Filing 13 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 8/19/2020.]
June 16, 2020 Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from txnd on 8/19/2020.]
June 16, 2020 Filing 11 Brief/Memorandum in Support filed by McKesson Corporation re #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from txnd on 8/19/2020.]
June 16, 2020 Filing 10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from txnd on 8/19/2020.]
June 10, 2020 Opinion or Order Filing 9 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-01491-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 8 AMENDED DOCUMENT by Bard Peripheral Vascular Inc. Amendment to #6 Cert. Of Interested Persons/Disclosure Statement. . (Matthews, Melissa) (Main Document 8 replaced with flattened document on 6/11/2020) (awc). [Transferred from txnd on 8/19/2020.]
June 10, 2020 Filing 7 AMENDED DOCUMENT by C R Bard Inc. Amendment to #5 Cert. Of Interested Persons/Disclosure Statement. . (Matthews, Melissa) (Main Document 7 replaced with flattened document on 6/11/2020) (awc). [Transferred from txnd on 8/19/2020.]
June 10, 2020 Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) (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. (Matthews, Melissa) (Main Document 5 replaced with flattened document on 6/11/2020) (awc). [Transferred from txnd on 8/19/2020.]
June 9, 2020 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from txnd on 8/19/2020.]
June 9, 2020 Filing 3 Brief/Memorandum in Support filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc., Does 1 through 100 Inclusive, McKesson Corporation re #2 MOTION to Dismiss for Lack of Jurisdiction (Matthews, Melissa) [Transferred from txnd on 8/19/2020.]
June 9, 2020 Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc., Does 1 through 100 Inclusive, McKesson Corporation (Matthews, Melissa) [Transferred from txnd on 8/19/2020.]
June 9, 2020 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Does 1 through 100 Inclusive, C. R. Bard, Inc., McKesson Corporation, Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10899971) 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 Issued to Bard Peripheral Vascular, Inc., #12 Exhibit(s) D-6 - Citation Issued to C.R. Bard, #13 Exhibit(s) D-7 - Citation Issued to McKesson Corp., #14 Exhibit(s) D-8 - Affidavit of Service - McKesson, #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 Vascular, Inc.) (Matthews, Melissa) [Transferred from txnd on 8/19/2020.]

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Defendant: C R Bard Incorporated
Represented By: Melissa Dorman Matthews
Represented By: Jordan E. Jarreau
Represented By: Melissa Foster Bird
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Defendant: McKesson Corporation
Represented By: Melissa Dorman Matthews
Represented By: Jordan E. Jarreau
Represented By: Melissa Foster Bird
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Defendant: Does 1 through 100
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Defendant: Bard Peripheral Vascular, Inc.
Represented By: Melissa Dorman Matthews
Represented By: Jordan E. Jarreau
Represented By: Melissa Foster Bird
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Plaintiff: Carolyn Eddlemon
Represented By: Darren McDowell
Represented By: Eric Martin Przybysz
Represented By: Steve Schulte
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