Creekmur v. C R Bard Inc et al
| William Creekmur |
| Does 1 through 100 Inclusive, C R Bard Inc, McKesson Corporation, Bard Peripheral Vascular, Inc. and C. R. Bard, Inc. |
| 5:2020cv00135 |
| August 18, 2020 |
| US District Court for the Western District of Kentucky |
| Paducah Office |
| Colin H Lindsay |
| Thomas B Russell |
| Greg N Stivers |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 nr |
| Both |
Docket Report
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This docket was last retrieved on October 5, 2020. A more recent docket listing may be available from PACER.
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| Filing 44 Mail Returned as Undeliverable. Mail sent to attorney Darren McDowell (KJA) |
| Filing 43 MOTION to Withdraw as Attorney Darren McDowell and Eric Przybysz. (Continue to receive notice:Yes) by Plaintiff William Creekmur (Attachments: #1 Proposed Order on Motion to Withdraw) (Schulte, Steven) |
| Filing 42 Mail Returned as Undeliverable. Mail sent to attorney Darren McDowell (KJA) |
Filing 41
ORDER by Chief Judge Greg N. Stivers on 10/2/2020; to Show Cause within 21 days of the entry of this Order why the Court should not strike him as counsel of record in this case for his failure to seek admission pro hac vice in accordance with LR 83.2.cc:counsel, Eric Martin Przybysz (KJA)
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Filing 40
ORDER by Chief Judge Greg N. Stivers on 10/2/2020 to Show Cause within 21 days of the entry of this Order why the Court should not strike him as counsel of record in this case for his failure to seek admission pro hac vice in accordance with LR 83.2.cc:counsel, attorney Darren McDowell (KJA)
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| Filing 39 Mail Returned as Undeliverable. Mail sent to attorney Darren McDowell. (KJA) |
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Filing 38
ORDER signed by Chief Judge Greg N. Stivers on 9/24/2020. Granting #37 Motion to Dismiss McKesson Corp. cc: Counsel(KJA)
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| Filing 37 Joint MOTION to Dismiss Plaintiff's Claims Against McKesson Corporation without Prejudice by Defendants Bard Peripheral Vascular, Inc., C. R. Bard, Inc., McKesson Corporation (Attachments: #1 Proposed Order) (Foster Bird, Melissa) |
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Filing 36
ORDER Signed by Magistrate Judge Colin H. Lindsay on 9/17/2020 granting #31 Motion to Withdraw as Attorney Melissa Dorman Matthews, Jessica Junek and Jordan E. Jarreau. cc: Counsel(KJA)
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Filing 35
ORDER signed by Magistrate Judge Colin H. Lindsay on 9/17/2020. Granting #32 Motion to Appear Pro Hac Vice Steven Scott Schulte. cc: Counsel(KJA)
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Filing 34
TEXT ORDER by Chief Judge Greg N. Stivers (EBOC) on 9/16/2020. For the equity of the Court's docket and pursuant to 28 U.S.C. 636(b)(1)(A), this matter is hereby referred to U.S. Magistrate Judge Colin H. Lindsay, for resolution of all litigation planning issues, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Judge Lindsay is further authorized to conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel of Record (TJD)
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Filing 33
ORDER OF TRANSFER. Case transferred to Chief Judge Greg N. Stivers for all further proceedings. Senior Judge Thomas B. Russell no longer assigned to case. All future pleadings shall be filed under the following 5:20-CV-135-GNS. cc: Counsel of Record, CM-Stivers (MNM)
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| Filing fee paid as to #32 MOTION for Steven S. Schulte to Appear Pro Hac Vice: $125, receipt number P33004079, by William Creekmur. (MNM) |
| Filing 32 MOTION for Steven S. Schulte to Appear Pro Hac Vice by Plaintiff William Creekmur. (Attachments: #1 Certificate of Good Standing, #2 ECF Registration Form, #3 Proposed Order) (MNM) |
| Filing 31 MOTION to Withdraw as Attorney . (Continue to receive notice:Yes) by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Attachments: #1 Proposed Order) (Foster Bird, Melissa) |
| Filing 30 NOTICE of Appearance by Melissa G. Foster Bird on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Foster Bird, Melissa) |
| Filing 29 ATTORNEY NOTICE of Deficiency to Jordan E. Jarreau re #22 Case Transferred In - District Transfer.Reason for Deficiency: motion to appear pro hac vice not filed. Failure to comply will be brought to the attention of the Court. Response due by 9/2/2020. (KJA) |
| Filing 28 ATTORNEY NOTICE of Deficiency to Jessica Junek re #22 Case Transferred In - District Transfer.Reason for Deficiency: motion to appear pro hac vice not filed. Failure to comply will be brought to the attention of the Court. Response due by 9/2/2020. (KJA) |
| Filing 27 ATTORNEY NOTICE of Deficiency to Melissa Dorman Matthews re #22 Case Transferred In - District Transfer.Reason for Deficiency: motion to appear pro hac vice not filed. Failure to comply will be brought to the attention of the Court. Response due by 9/2/2020. (KJA) |
| Filing 26 ATTORNEY NOTICE of Deficiency to Steven Scott Schulte re #22 Case Transferred In - District Transfer.Reason for Deficiency: motion to appear pro hac vice not filed. Failure to comply will be brought to the attention of the Court. Response due by 9/2/2020. (KJA) |
| Filing 25 ATTORNEY NOTICE of Deficiency to Darren McDowell re #22 Case Transferred In - District Transfer.Reason for Deficiency: motion to appear pro hac vice not filed. Failure to comply will be brought to the attention of the Court. Response due by 9/2/2020. (KJA) |
| Filing 24 ATTORNEY NOTICE of Deficiency to Eric Martin Przybysz re #22 Case Transferred In - District Transfer.Reason for Deficiency: motion to appear pro hac vice not filed. Failure to comply will be brought to the attention of the Court. Response due by 9/2/2020. (KJA) |
| Filing 23 Case Assignment (Random Selection): Case Assigned to Senior Judge Thomas B. Russell. (KJA) |
| Remark: Copy of Case Assignment and NEF have been sentto participating parties advising of case transfer information. (KJA) |
| Filing 22 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02220. Original file certified copy of transfer order and docket sheet received. (KJA) Modified on 8/19/2020 to change file date (KJA). |
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Filing 21
MEMORANDUM OPINION AND ORDER granting #17 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 Patricia Carn's case be severed and transferred to the Harrisburg Division of the Middle District of Pennsylvania (Civil case 3:20-cv-2218-S); b. Plaintiff Stella Colbert's case be severed and transferred to the Jackson Division of the Western District of Tennessee (Civil case 3:20-cv-2219-S); c. Plaintiff William Creekmur's case be severed and transferred to the Paducah Division of the Western District of Kentucky (Civil case 3:20-cv-2220-S); d. Plaintiff Susan Dancy's case be severed and transferred to the Jackson Division of the Western District of Tennessee (Civil case 3:20-cv-2221-S); e. Plaintiff Markus Jackson's case be severed and transferred to the Cincinnati Division of the Southern District of Ohio (Civil case 3:20-cv-2222-S); f. Plaintiff Robert Laplante's case be severed and transferred to the St. Louis Division of the Eastern District of Missouri (Civil case 3:20-cv-2223-S); g. Plaintiff Carlos McPeak's case be severed and transferred to the Roanoke Division of the Western District of Virginia (Civil case 3:20-cv-2224-S); h. Plaintiff Barry McQuitty's case be severed and transferred to the Detroit Division of the Eastern District of Michigan (Civil case 3:20-cv-2225-S); i. Plaintiff Beverly Whitaker's case be severed and transferred to the Sacramento Division of the Eastern District of California (Civil case 3:20-cv-2226-S). Plaintiff Melvin Green 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 8/17/2020) (axm) [Transferred from txnd on 8/19/2020.]
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| Filing 20 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 8/19/2020.] |
| Filing 19 Appendix in Support filed by Patricia Carn, Stella Colbert, William Creekmur, Susan Dancy, Melvin Green, Markus Jackson, Robert LaPlante, Carlos McPeak, Barry McQuitty, Beverly Whitaker re #17 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.] |
| Filing 18 Brief/Memorandum in Support filed by Patricia Carn, Stella Colbert, William Creekmur, Susan Dancy, Melvin Green, Markus Jackson, Robert LaPlante, Carlos McPeak, Barry McQuitty, Beverly Whitaker re #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Patricia Carn, Stella Colbert, William Creekmur, Susan Dancy, Melvin Green, Markus Jackson, Robert LaPlante, Carlos McPeak, Barry McQuitty, Beverly Whitaker (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 16 RESPONSE filed by Patricia Carn, Stella Colbert, William Creekmur, Susan Dancy, Melvin Green, Markus Jackson, Robert LaPlante, Carlos McPeak, Barry McQuitty, Beverly Whitaker re: #2 MOTION to Dismiss the Out-of-State Plaintiffs' Claims for Lack of Personal Jurisdiction, #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 15 NOTICE of Filing Completed Forms For Each Plaintiff filed by Patricia Carn, Stella Colbert, William Creekmur, Susan Dancy, Melvin Green, Markus Jackson, Robert LaPlante, Carlos McPeak, Barry McQuitty, Beverly Whitaker (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
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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 8/19/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #2 MOTION to Dismiss the Out-of-State Plaintiffs' Claims for Lack of Personal Jurisdiction, #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by Patricia Carn, Stella Colbert, William Creekmur, Susan Dancy, Melvin Green, Markus Jackson, Robert LaPlante, Carlos McPeak, Barry McQuitty, Beverly Whitaker (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 12 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 8/19/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from txnd on 8/19/2020.] |
| Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 10 replaced to flatten image on 6/16/2020) (dsr). [Transferred from txnd on 8/19/2020.] |
| 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 8/19/2020.] |
| 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 8/19/2020.] |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Junek, Jessica) (Main Document 7 replaced with flattened document on 6/11/2020) (awc). [Transferred from txnd on 8/19/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Junek, Jessica) (Main Document 6 replaced with flattened document on 6/11/2020) (awc). [Transferred from txnd on 8/19/2020.] |
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Filing 5
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 6/9/2020) (chmb) [Transferred from txnd on 8/19/2020.]
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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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from txnd on 8/19/2020.] |
| 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 8/19/2020.] |
| 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 8/19/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10900275) 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 Executed Affidavit of Service - McKesson, #14 Exhibit(s) D-8 Executed Return of Service- C.R. Bard Inc., #15 Exhibit(s) D-9 Executed Return of Service - Bard Peripheral) (Junek, Jessica) [Transferred from txnd on 8/19/2020.] |
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