Pittman v. C R Bard Inc et al
| Ted Pittman |
| C R Bard Incorporated, McKesson Corporation, Does 1 through 100 and Bard Peripheral Vascular, Inc. |
| 6:2020cv00177 |
| August 20, 2020 |
| US District Court for the Eastern District of Kentucky |
| London Office |
| Joseph M Hood |
| Hanly A Ingram |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 25, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 39
ORDER: 1) W/I 21 days parties meet. 2) W/I 10 days after meeting file status reporting containing: a-f. 3. Each party direct the Court of parent corporations; and, 4) Judge Wier's standing case management order, DE #28 is VACATED. Signed by Judge Joseph M. Hood on 9/25/20.(SYD)cc: COR
|
| Magistrate Judge Hanly A. Ingram no longer assigned to case. Per order at DE #39 (SYD) |
|
Filing 38
ORDER: (1) Defendant Bard's Motion to Dismiss the Out-of-State Plaintiff's Claims for Lack of Personal Jurisdiction [DE #2 ] and Defendant McKesson Corporation's Motion to Dismiss without Prejudice Plaintiff's Claims for Lack of Subject Matter Jurisdiction [DE #8 ] are WITHDRAWN; (2) The Parties' Joint Motion to Dismiss Plaintiff's Claims Against McKesson Corporation without Prejudice [DE #35 ] is GRANTED; (3) Defendant McKesson Corporation is DROPPED as a party from this action pursuant to Fed. R. Civ. P. 21; (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 09/22/2020.(KJA)cc: COR Steve Schulte, Darren McDowell, Eric Martin Przybysz via US Mail
|
|
Filing 37
ORDER: (1) Plaintiff's Motion for Admission pro hac vice of Steve Schulte [DE #36 ] is GRANTED; and (2) Steve Schulte is ADMITTED pro hac vice as counsel for Plaintiff Ted Pittman in the above-styled action. Signed by Judge Joseph M. Hood on 09/21/2020. (KJA)cc: COR Copy of Order to Eric Martin Przybysz, Darren McDowell and Steve Schulte w/ECF Registration Form by US Mail.
|
| BAR STATUS Check completed as to Steve Schulte re #36 MOTION for Steve Schulte to Appear Pro Hac Vice by Ted Pittman. (RBB) |
| Filing 36 MOTION for Steve Schulte to Appear Pro Hac Vice by Ted Pittman. (Attachments: #1 U.S. District Court Northern District of Texas Certificate of Good Standing, #2 State Bar of Texas Certificate of Good Standing, #3 Receipt #6008446)(KJA) |
| ***MOTION SUBMITTED TO CHAMBERS of Joseph M. Hood for review: re #36 MOTION for Steve Schulte to Appear Pro Hac Vice by Ted Pittman (KJA) |
| ***FILE SUBMITTED TO CHAMBERS of Joseph M. Hood for review: #34 Response to Order to Show Cause (KJA) |
| ***MOTION SUBMITTED TO CHAMBERS of Joseph M. Hood for review: re #35 JOINT MOTION to Dismiss by Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation and Ted Pittman (KJA) |
| Filing 35 JOINT MOTION to Dismiss by Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation and Ted Pittman (Attachments: #1 Proposed Order)(Bird, Melissa) Modified filers on 9/15/2020 (KJA). |
| Filing 34 RESPONSE TO ORDER TO SHOW CAUSE by Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation #33 filed by Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation. (Bird, Melissa) |
| Incorrectly entered. Clerk's Note: The previously docketed ECF Mandatory Notice(s) entered on 9/9/2020 have been deleted as they were entered in error. (KJA) Modified text on 9/10/2020 (KJA). |
| NOTICE OF ACTION BY CLERK DELETING A DOCUMENT FROM THE RECORD: ECF Mandatory Notices to Eric Martin Przybysz, Darren McDowell and Steve Schulte. The deleted document was entered on 09/09/2020. Document deleted because it was entered in error. *SKV* cc: COR (KJA) Modified text on 9/10/2020 (KJA). |
|
Filing 33
ORDER: (1) Defendants C.R. Bard, Inc., and Bard Peripheral Vascular,Inc., are ordered to SHOW CAUSE no later than Tuesday, September 15, 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 ]; and (2) Defendant McKesson Corporation is ordered to SHOW CAUSE no later than Tuesday, September 15, 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 08/25/2020.(KJA)cc: COR
|
| Clerk's Note: re #33 Order mailed to counsel of record Darren McDowell, Eric Martin Przybysz, and Steve Schulte via USPS. (KJA) |
|
Filing 32
ORDER: IT IS ORDERED that Melissa Dorman Matthews, Esq., Jessica Junek, 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, Ms. Junek, 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 Judge Joseph M. Hood on 08/24/2020.(KJA)cc: COR
|
| Filing 31 MOTION to Withdraw as Attorney by Bard Peripheral Vascular, Inc., C R Bard Incorporated, Does 1 through 100, McKesson Corporation Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order Granting Withdrawal)(Bird, Melissa) |
| Filing 30 NOTICE of Appearance by Melissa Foster Bird on behalf of Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation (Bird, Melissa) |
|
Filing 29
ORDER : The Court, on its own motion and per communication between the involved Chambers, TRANSFERS this matter to United States Senior District Judge Joseph M. Hood for all further proceedings. Case reassigned to Judge Joseph M. Hood for all further proceedings. Judge Robert E. Wier no longer assigned to case. Signed by Judge Robert E. Wier on 8/20/20.(SYD)cc: COR-via US Mail
|
|
Filing 28
**VACATED PER ORDER OF JUDGE HOOD AT DE #39 STANDING CASE MANAGEMENT AND REFERRAL ORDER: 1. At the outset, the Court reminds the parties that, under Rule 1, they share with the Court the duty to construe, administer, and employ the Federal Rules of Civil Procedure to secure the just, speedy, and inexpensive determination of this action; 2. Pursuant to 28:636(b)(1) and Fed. R. Civ. P. 72, the Court refers this case to the appropriate United States Magistrate Judge for this Division; 3. Unless otherwise ordered, the Court retains for decision any motion dispositive of a claim or defense (as well as motions regulating the trial proof, including Daubert and motions in limine); 4. Concurrent with the filing of any Rule 12 motion, the moving party may file, as a separate motion, any request for a discovery stay pending resolution. The Court refers consideration of any such motion to the assigned Magistrate Judge; 5. Discovery Disputes shall be resolved as defined within this order; The Court DIRECTS the Clerk to enter this Standing Order in the undersigned's civil cases excepting Social Security, pro se, and prisoner post-conviction matters at case opening (or as the Court otherwise directs). Signed by Judge Robert E. Wier. (MRS)cc: COR Modified on 9/25/2020 (SYD).
|
| Filing 26 CASE TRANSFERRED IN from District of Texas Northern. Case number 3:20-cv-02339. Original file, certified copy of transfer order and docket sheet received electronically. cc: COR w/docket sheet. Modified on 8/20/2020 (MRS). |
| Conflict Check run. (MRS) |
|
Filing 25
MEMORANDUM OPINION AND ORDER #21 Unopposed Amended 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 Jessica Magee's case be severed and transferred to the Natchez Division of the Southern District of Mississippi (Civil case 3:20-2334-S opened); b. Plaintiff Sandra Maxwell's case be severed and transferred to the Mobile Division of the Southern District of Alabama (Civil case 3:20-2335-S opened); c. Plaintiff Ernest Mergenthaler's case be severed and transferred to the Santa Ana Division of the Central District of California (Civil case 3:20-2336-S opened); d. Plaintiff Stacey Merrell's case be severed and transferred to the Tulsa Division of the Northern District of Oklahoma (Civil case 3:20-2337-S opened); e. Plaintiff Tanikia Phillips's case be severed and transferred to the Philadelphia Division of the Eastern District of Pennsylvania (Civil case 3:20-2338-S opened); f. Plaintiff Ted Pittman's case be severed and transferred to the London Division of the Eastern District of Kentucky (Civil case 3:20-2339-S opened); g. Plaintiff Darwin Rivers's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil case 3:20-2340-S opened); h. Plaintiff Joleen Schouten's case be severed and transferred to the Sioux Falls Division of the District of South Dakota (Civil case 3:20-2341-S opened); i. Plaintiff Rosa Scott's case be severed and transferred to the Albany Division of the Middle District of Georgia (Civil case 3:20-2360-S opened). Plaintiff Lawrence Schnellman is the sole plaintiff with any connection to this forum. Accordingly, he 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 8/20/2020.]
|
| Filing 24 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 8/20/2020.] |
| Filing 23 Appendix in Support filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott re #21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/20/2020.] |
| Filing 22 Brief/Memorandum in Support filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott re #21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/20/2020.] |
| Filing 21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/20/2020.] |
| Filing 20 Appendix in Support filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott re #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from txnd on 8/20/2020.] |
| Filing 19 Brief/Memorandum in Support filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott re #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/20/2020.] |
| Filing 18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott (Schulte, Steven) [Transferred from txnd on 8/20/2020.] |
| Filing 17 RESPONSE filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott re: #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) [Transferred from txnd on 8/20/2020.] |
| Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from txnd on 8/20/2020.] |
| Filing 15 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from txnd on 8/20/2020.] |
|
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 8/20/2020.]
|
| Filing 13 MOTION for Extension of Time to File Response/Reply to #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/20/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 12 replaced to flatten image on 6/17/2020) (dsr). [Transferred from txnd on 8/20/2020.] |
| 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 8/20/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from txnd on 8/20/2020.] |
| 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 8/20/2020.] |
| 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 8/20/2020.] |
|
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 6/11/2020) (svc) [Transferred from txnd on 8/20/2020.]
|
| 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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from txnd on 8/20/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Junek, Jessica) [Transferred from txnd on 8/20/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Junek, Jessica) [Transferred from txnd on 8/20/2020.] |
| 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 8/20/2020.] |
| 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 8/20/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10905283) 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 Citation Issued Bard Peripheral, #11 Exhibit(s) D-5 Citation Issued C. R. Bard, Inc., #12 Exhibit(s) D-6 Citation Issued McKesson, #13 Exhibit(s) D-7 Status Conference Order, #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 Status Conference Order, #17 Exhibit(s) D-11 Return of Service - Bard Peripheral) (Junek, Jessica) [Transferred from txnd on 8/20/2020.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Kentucky Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
