Ransom v. C R Bard Inc et al
| Jamaun Ransom |
| McKesson Corporation, C R Bard Inc, Does 1 through 100 and Bard Peripheral Vascular, Inc. |
| 5:2020cv00369 |
| September 1, 2020 |
| US District Court for the Eastern District of Kentucky |
| Lexington Office |
| Joseph M Hood |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 29, 2020. A more recent docket listing may be available from PACER.
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| ***FILE SUBMITTED TO CHAMBERS of Judge Joseph M. Hood for review: #38 Notice to Attorney Eric Martin Przybysz, #40 Notice to Attorney Steve Schulte, #39 Notice to Attorney Darren McDowell - No response (JJ) |
Filing 41
ORDER: Fed.R.Civ.P. 26(a)(1) meeting w/in 21 days; 2. W/in 10 days after the meeting parties shall file a Joint Status Report containing items listed w/in Order; 3. Corporate disclosures due at submission of Joint Status Report. Signed by Judge Joseph M. Hood on 10/5/2020.(SLH)cc: COR
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| Filing 40 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 Attorney Admission Packet)(JJ) |
| Filing 39 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 Attorney Admission Packet)(JJ) |
| Filing 38 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 Attorney Admission Packet)(JJ) |
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Filing 37
ORDER: (1) Defendant Bard's Motion to Dismiss the Out-of-State Plaintiff's Claims [DE #2 ] and Defendant McKesson Corporation's Motion to Dismiss withoutPrejudice Plaintiff's Claims [DE #8 ] are WITHDRAWN; (2) The Parties' Joint Motion to Dismiss Plaintiff's Claims Against McKesson Corporation without Prejudice [DE #36 ] is GRANTED; (3) Defendant McKesson Corporation is DROPPED as a party from this action; (4) All claims against McKesson Corporation 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 defendants. Signed by Judge Joseph M. Hood on 9/23/2020.(JJ)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Joseph M. Hood for review: re #36 JOINT MOTION to Dismiss by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation , ***FILE SUBMITTED TO CHAMBERS of Judge Joseph M. Hood for review: #35 Response to Order to Show Cause (JJ) |
| Filing 36 JOINT MOTION to Dismiss by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Attachments: #1 Proposed Order)(Bird, Melissa) |
| Filing 35 RESPONSE TO ORDER TO SHOW CAUSE by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation #34 filed by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Bird, Melissa) |
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Filing 34
ORDER: (1) Defendants C.R. Bard, Inc., and Bard Peripheral Vascular, Inc., are ordered to SHOW CAUSE NLT 9/25/2020 why this Court should not dismiss as moot their Motion to Dismiss the Out-of-State Plaintiffs' Claims for Lack of PersonalJurisdiction. [DE #2 ]; and (2) Defendant McKesson Corporation is ordered to SHOW CAUSE NLT 9/25/2020 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 9/4/2020.(JJ)cc: COR
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Filing 33
ORDER: granting #32 Motion to Withdraw as Attorney. Attorney Jordan E. Jarreau and Melissa Dorman Matthews terminated. Signed by Judge Joseph M. Hood on 9/3/20. (JLM)cc: COR and Matthews, Jarreau, McDowell, Przybysz, Schulte by US mail
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Joseph M. Hood for review: re #32 MOTION to Withdraw as Attorney by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (JJ) |
| Filing 32 MOTION to Withdraw as Attorney by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Attachments: #1 Proposed Order)(Bird, Melissa) |
| Filing 31 NOTICE of Appearance by Melissa Foster Bird on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Bird, Melissa) |
| Filing 29 CASE TRANSFERRED IN from District of Texas Northern. Case number 3:20-cv-02601. Original file, certified copy of transfer order and docket sheet received. cc: COR w/ docket sheet |
| Conflict Check run. (STC) |
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Filing 28
MEMORANDUM OPINION AND ORDER granting #22 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 Ronald Clemons's case be severed and transferred to the Kansas City Division of the District of Kansas (Civil case 3:20-cv-2596-S opened); b. Plaintiff Alan Frailich's case be severed and transferred to the Las Vegas Division of the District of Nevada (Civil case 3:20-cv-2597-S opened); c. Plaintiff Leroy Moton's case be severed and transferred to the Manhattan Division of the Southern District of New York (Civil case 3:20-cv-2598-S opened); d. Plaintiff Ida Napolitano's case be severed and transferred to the New Haven Division of the District of Connecticut (Civil case 3:20-cv-2599-S opened); e. Plaintiff Nancy Poff's case be severed and transferred to the Durham Division of the Middle District of North Carolina (Civil case 3:20-cv-2600-S opened); f. Plaintiff Jamaun Ransom's case be severed and transferred to the Lexington Division of the Eastern District of Kentucky (Civil case 3:20-cv-2601-S opened); g. Plaintiff Jerry Watkins's case be severed and transferred to the Lexington Division of the Eastern District of Kentucky (Civil case 3:20-cv-2602-S opened); andh. Plaintiff Donald Young's case be severed and transferred to the District of Rhode Island (Civil case 3:20-cv-2603-S opened). Plaintiff Brenda Shaffer 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) (axm) [Transferred from txnd on 9/1/2020.]
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Filing 27
ORDER Dismissing Parties. Party Cheryl Jones-Latimer 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 9/1/2020.]
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| Filing 26 Supplemental RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #22 Amended 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 9/1/2020.] |
| Filing 25 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases MOTION to Transfer Case out of District/Division (Matthews, Melissa) [Transferred from txnd on 9/1/2020.] |
| Filing 24 Appendix in Support filed by Ronald Clemons, Alan Frailich, Cheryl Jones-Latimer, Leroy Moton, Ida Napolitano, Nancy Poff, Jamaun Ransom, Brenda Shaffer, Jerry Watkins, Donald Young re #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 9/1/2020.] |
| Filing 23 Brief/Memorandum in Support filed by Ronald Clemons, Alan Frailich, Cheryl Jones-Latimer, Leroy Moton, Ida Napolitano, Nancy Poff, Jamaun Ransom, Brenda Shaffer, Jerry Watkins, Donald Young re #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 9/1/2020.] |
| Filing 22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Ronald Clemons, Alan Frailich, Cheryl Jones-Latimer, Leroy Moton, Ida Napolitano, Nancy Poff, Jamaun Ransom, Brenda Shaffer, Jerry Watkins, Donald Young (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/1/2020.] |
| Filing 21 Appendix in Support filed by Ronald Clemons, Alan Frailich, Cheryl Jones-Latimer, Leroy Moton, Ida Napolitano, Nancy Poff, Jamaun Ransom, Brenda Shaffer, Jerry Watkins, Donald Young re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 9/1/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Ronald Clemons, Alan Frailich, Cheryl Jones-Latimer, Leroy Moton, Ida Napolitano, Nancy Poff, Jamaun Ransom, Brenda Shaffer, Jerry Watkins, Donald Young re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 9/1/2020.] |
| Filing 19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Ronald Clemons, Alan Frailich, Cheryl Jones-Latimer, Leroy Moton, Ida Napolitano, Nancy Poff, Jamaun Ransom, Brenda Shaffer, Jerry Watkins, Donald Young (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven). [Transferred from txnd on 9/1/2020.] |
| Filing 18 RESPONSE filed by Ronald Clemons, Alan Frailich, Cheryl Jones-Latimer, Leroy Moton, Ida Napolitano, Nancy Poff, Jamaun Ransom, Brenda Shaffer, Jerry Watkins, Donald Young re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from txnd on 9/1/2020.] |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Ronald Clemons, Alan Frailich, Cheryl Jones-Latimer, Leroy Moton, Ida Napolitano, Nancy Poff, Jamaun Ransom, Brenda Shaffer, Jerry Watkins, Donald Young (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from txnd on 9/1/2020.] |
| Filing 16 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 9/1/2020.] |
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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 9/1/2020.]
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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 9/1/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #2 MOTION to Dismiss for Lack of Jurisdiction , #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by Ronald Clemons, Alan Frailich, Cheryl Jones-Latimer, Leroy Moton, Ida Napolitano, Nancy Poff, Jamaun Ransom, Brenda Shaffer, Jerry Watkins, Donald Young (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/1/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 12 replaced with the flattened document on 6/23/2020) (pnp). [Transferred from txnd on 9/1/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from txnd on 9/1/2020.] |
| 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 9/1/2020.] |
| 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 9/1/2020.] |
| 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 9/1/2020.] |
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Filing 7
ORDER: This case is TRANSFERRED to the docket of the Honorable Karen Gren Scholer. Chief Judge Barbara M. G. Lynn no longer assigned to case. (Ordered by Chief Judge Barbara M. G. Lynn on 6/15/2020) (twd) [Transferred from txnd on 9/1/2020.]
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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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from txnd on 9/1/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Matthews, Melissa) [Transferred from txnd on 9/1/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Matthews, Melissa) [Transferred from txnd on 9/1/2020.] |
| 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 9/1/2020.] |
| 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 9/1/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10913348) 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 - Citation Issued to C.R. Bard, Inc., #11 Exhibit(s) D-5 - Citation Issued to Bard Peripheral Vascular, Inc., #12 Exhibit(s) D-6 - Citation Issued to McKesson Corp., #13 Exhibit(s) D-7 - Affidavit of Service - McKesson, #14 Exhibit(s) D-8 - Return of Service - C.R. Bard, Inc., #15 Exhibit(s) D-9 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from txnd on 9/1/2020.] |
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