Cole v. C R Bard Inc et al
| Ricky Cole |
| C R Bard Incorporated, McKesson Corporation, Does 1 through 100 and Bard Peripheral Vascular, Inc. |
| 7:2020cv00115 |
| August 20, 2020 |
| US District Court for the Eastern District of Kentucky |
| Pikeville Office |
| Edward B Atkins |
| Joseph M Hood |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 42
SCHEDULING ORDER: The Court has considered the Joint Report of the Parties' Rule 26(f) Planning Meeting (DE #41 ), and IT IS ORDERED as follows: (1) Dfts Motion for Extension of Time (DE #40 ) is GRANTED; (2) Since matter transferred to undersigned, Judge Wiers Standing Order (DE #26 ) is VACATED; (3) All discovery disputes are hereby REFERRED to Magistrate Judge Edward B. Atkins, for appropriate resolution pursuant to 28:636(b)(1)(A). (4) Court encourages early and economic case resolution including, where appropriate, by mediation. (5) Parties file initial disclosures, required by Rule 26(a)(1), by October 23, 2020; (6) All motions to join additional parties shall be filed on or before October 23, 2020; (7) All motions to amend pleadings shall be filed by December 18, 2020; (8) Pla produce updated, completed Fact Sheet In Re: CR Bard MDL by January 11, 2021. (9) Dfts produce updated, completed Fact Sheet In Re: CR Bard MDL by February 11, 2021; (10) All fact discovery must be completed by October 25, 2021; (11) Pla provide case-specific expert witness reports by November 30, 2021, Dfts provide case-specific expert witness reports by January 7, 2022, and parties rebuttal expert witness reports by February 7, 2022; (12) Plas case-specific experts have their depositions taken by March 4, 2022, and Dfts case-specific experts have their depositions taken y April 4, 2022; (13) Dispositive motions, including motions in limine be filed by May 25, 2022; (14) Court adopts and incorporates Case Management Orders into this scheduling order; MDL Doc. 269; 401; 4015; 314; 1259; 2239; 1663; (15) All motions for extensions of time or to modify this scheduling order shall be referred to the undersigned for disposition; (16) The scope of discovery and the parties' obligations in discovery are governed by the Federal Rules of Civil Procedure. (see a-e); (17) Motion practice shall be governed by Local Rule 7.1 except as otherwise provided in this order: (see a-g); (18) At least 10 days before FPTC, counsel shall: (see a-f); (19) FINAL PRETRIAL CONFERENCE set for August 15, 2022 at 11:00 AM in LEXINGTON, KY. Parties be prepared to discuss settlement; and (20) JURY TRIAL set for September 13, 2022 at 9:00 AM in LEXINGTON, KY. Anticipated trial 3 weeks. Signed by Judge Joseph M. Hood on 9/28/2020. (TDA) cc: COR & LexCD, LexJC
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| Filing 41 JOINT STATUS REPORT by Bard Peripheral Vascular, Inc., C R Bard Incorporated. (Attachments: #1 Exhibit 1 - CMO No. 7, #2 Exhibit 2 - 11/10/2015 Protective Order, #3 Exhibit 3 - CMO No. 17, #4 Exhibit 4 - CMO No. 12)(Bird, Melissa) |
| Filing 40 MOTION for Extension of Time re #31 Deadline to meet and confer pursuant to Rule 26(f) of by Bard Peripheral Vascular, Inc., C R Bard Incorporated Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Bird, Melissa) Modified text & created link on 9/28/2020 (TDA). |
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Filing 39
ORDER: (1) Dft Bard's Motion to Dismiss the Out-of-State Plas Claims for Lack of Personal Jurisdiction (DE #2 ) and Dft McKesson Corporation's Motion to Dismiss without Prejudice Plas Claims for Lack of Subject Matter Jurisdiction (DE #8 ) are WITHDRAWN; (2) Parties' Joint Motion to Dismiss Plas Claims Against McKesson Corporation without Prejudice (DE #35 ) is GRANTED; (3) Dft McKesson Corporation is DROPPED as a party from action pursuant to FRCP 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 remaining claims and dfts. Signed by Judge Joseph M. Hood on 9/22/2020. (TDA) cc: COR
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| 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 Data Form)(TDA) |
| 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 Attorney Data Form)(TDA) |
| Filing 36 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 Data Form) (TDA) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Hood for review: re #35 JOINT MOTION to Dismiss causes against McKesson Corporation without prejudice by Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation. (TDA) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Hood for review: #34 Response to Order to Show Cause (TDA) |
| Filing 35 JOINT MOTION to Dismiss causes against McKesson Corporation without prejudice by Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation (Attachments: #1 Proposed Order)(Bird, Melissa) Modified text on 9/15/2020 (TDA). |
| 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) |
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Filing 33
ORDER: (1) Dfts C.R. Bard, Inc., and Bard Peripheral Vascular, Inc., are ordered to SHOW CAUSE nlt Tuesday, September 15, 2020 why Court should not dismiss as moot their Motion to Dismiss the Out-of-State Plas Claims for Lack of Personal Jurisdiction (DE #2 ); and (2) Dft McKesson Corporation is ordered to SHOW CAUSE nlt Tuesday, September 15, 2020 why Court should not dismiss as moot their Motion to Dismiss Without Prejudice Plas Claims for Lack of Subject Matter Jurisdiction (DE #8 ). Signed by Judge Joseph M. Hood on 8/25/2020. (TDA) cc: COR
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Filing 32
ORDER re #30 : Melissa Dorman Matthews, Esq. and Jordan E. Jarreau, Esq. are GRANTED leave to withdraw as counsel of record for Dfts C.R. Bard, Inc., Bard Peripheral Vascular, Inc., and McKesson Corporation. Clerk 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 for Dfts. Signed by Judge Joseph M. Hood on 8/24/2020. (TDA) cc: COR
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| Attorney Update. Attorney Megan Basham Davis added for dfts Bard Peripheral Vascular, Inc., C R Bard Incorporated, and McKesson Corporation per DE #30. (TDA) |
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Filing 31
ORDER FOR MEETING AND REPORT: 1. Within 21 days, parties shall meet, in person or by telephone, to consider topics Rule 26(f)(2) mandates. 2. Within 14 days of meeting, parties shall file a joint status report containing: see items. Signed by Magistrate Judge Edward B. Atkins on 8/21/2020. (TDA) cc: COR
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| Filing 30 MOTION to Withdraw as Attorney by Bard Peripheral Vascular, Inc., C R Bard Incorporated, Does 1 through 100, McKesson Corporation Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order Granting Withdrawal)(Bird, Melissa) |
| Filing 29 NOTICE of Appearance by Melissa Foster Bird on behalf of Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation (Bird, Melissa) |
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Filing 27
ORDER: Court, on its own motion and per communication between involved Chambers, TRANSFERS this matter to U.S. Senior District Judge Joseph M. Hood for all further proceedings. Signed by Judge Robert E. Wier on 8/20/2020. (RCB)cc: COR
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Filing 26
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. (TDA)cc: COR
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| Filing 24 CASE TRANSFERRED IN from District of Texas Northern. Case number 3:20-cv-02319. 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 Hood for review: #27 Order Reassigning Case (RCB) |
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Filing 23
MEMORANDUM OPINION AND ORDER granting #19 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 Dennis Aaron's case be severed and transferred to the Huntsville Division of the Northern District of Alabama (Civil Case 3:20-cv-2316-S Opened); b. Plaintiff Sharon Blackstone's case be severed and transferred to the Philadelphia Division of the Eastern District of Pennsylvania (Civil Case 3:20-cv-2317-S Opened); c. Plaintiff Matthew Chapman's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil Case 3:20-cv-2318-S Opened); d. Plaintiff Ricky Cole's case be severed and transferred to the Pikeville Division of the Eastern District of Kentucky (Civil Case 3:20-cv-2319-S Opened); e. Plaintiff Duane Fielder's c ase be severed and transferred to the Reno Division of the District of Nevada (Civil Case 3:20-cv-2320-S Opened);f. Plaintiff Stanley Green's case be severed and transferred to the Harrisburg Division of the Middle District of Pennsylvania (Civil Case 3:20-cv-2321-S Opened); g. Plaintiff Kimberly McCray's case be severed and transferred to the Springfield Division of the Western District of Missouri (Civil Case 3:20-cv-2322-S Opened); h. Plaintiff Lucille Tisdale's case be severed and transferred to the Springfield Division of the Western District of Missouri (Civil Case 3:20-cv-2323-S Opened);i. Plaintiff Kelly Warner's case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil Case 3:20-cv-2324-S Opened). Plaintiff Dora Sirmons 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 8/20/2020.]
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| Filing 22 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 8/20/2020.] |
| Filing 21 Appendix in Support filed by Dennis Aaron, Sharon Blackstone, Matthew Chapman, Ricky Cole, Duane Fielder, Stanley Green, Kimberly McCray, Dora Sirmons, Lucille Tisdale, Kelly Warner re #19 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 20 Brief/Memorandum in Support filed by Dennis Aaron, Sharon Blackstone, Matthew Chapman, Ricky Cole, Duane Fielder, Stanley Green, Kimberly McCray, Dora Sirmons, Lucille Tisdale, Kelly Warner re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/20/2020.] |
| Filing 19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Dennis Aaron, Sharon Blackstone, Matthew Chapman, Ricky Cole, Duane Fielder, Stanley Green, Kimberly McCray, Dora Sirmons, Lucille Tisdale, Kelly Warner (Schulte, Steven) [Transferred from txnd on 8/20/2020.] |
| Filing 18 RESPONSE filed by Dennis Aaron, Sharon Blackstone, Matthew Chapman, Ricky Cole, Duane Fielder, Stanley Green, Kimberly McCray, Dora Sirmons, Lucille Tisdale, Kelly Warner re: #2 MOTION to Dismiss for Lack of Jurisdiction , #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Schulte, Steven) [Transferred from txnd on 8/20/2020.] |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order Setting Deadline/Hearing, filed by Dennis Aaron, Sharon Blackstone, Matthew Chapman, Ricky Cole, Duane Fielder, Stanley Green, Kimberly McCray, Dora Sirmons, Lucille Tisdale, Kelly Warner (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from txnd on 8/20/2020.] |
| 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 8/20/2020.] |
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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) (mla) [Transferred from txnd on 8/20/2020.]
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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 8/20/2020.]
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| Filing 13 Agreed MOTION to Extend Time Resp/Reply filed by Dennis Aaron, Sharon Blackstone, Matthew Chapman, Ricky Cole, Duane Fielder, Stanley Green, Kimberly McCray, Dora Sirmons, Lucille Tisdale (Attachments: #1 Proposed Order) (Przybysz, Eric) [Transferred from txnd on 8/20/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (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 McKesson Corporation (Matthews, Melissa) [Transferred from txnd on 8/20/2020.] |
| 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 8/20/2020.] |
| 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 8/20/2020.] |
| 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 8/20/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) [Transferred from txnd on 8/20/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc identifying Corporate Parent/Other Affiliate Becton, Dickinson and Company for C R Bard Inc. (Matthews, Melissa) Modified corporate parent on 6/12/2020 (mla). [Transferred from txnd on 8/20/2020.] |
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Filing 7
ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge David C Godbey no longer assigned to case. (Ordered by Judge David C Godbey on 6/10/2020) (ndt) [Transferred from txnd on 8/20/2020.]
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| 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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (oyh) [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 for Lack of Jurisdiction (Matthews, Melissa) [Transferred from txnd on 8/20/2020.] |
| 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 8/20/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc.. (Filing fee $400; receipt number 0539-10903783) 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 C.R. Bard, #12 Exhibit(s) D-6 - Citation Issued to Bard Peripheral Vascular, Inc., #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 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from txnd on 8/20/2020.] |
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