Walker v. C R Bard Inc et al
| Russell Walker |
| Does 1 through 100 Inclusive, McKesson Corporation, C R Bard Inc, Bard Peripheral Vascular, Inc. and C. R. Bard, Inc. |
| 5:2020cv00140 |
| August 21, 2020 |
| US District Court for the Western District of Kentucky |
| 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 19, 2020. A more recent docket listing may be available from PACER.
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| Filing 48 MOTION to Withdraw as Attorney Darren McDowell and Eric Przybysz. (Continue to receive notice:Yes) by Plaintiff Russell Walker (Attachments: #1 Proposed Order on Motion to Withdraw) (Schulte, Steven) |
| Filing 47 Mail Returned as Undeliverable. Mail sent to attorney Darren McDowell (KJA) |
Filing 46
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 45
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, Darren McDowell (KJA)
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| Filing 44 Mail Returned as Undeliverable. Mail sent to attorney Darren McDowell. (KJA) |
| Filing 43 Mail Returned as Undeliverable. Mail sent to attorney Darren McDowell. (KJA) |
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Filing 42
ORDER signed by Chief Judge Greg N. Stivers on 9/24/2020. Granting #41 Motion to Dismiss McKesson Corp. cc: Counsel(KJA)
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| Filing 41 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 40
ORDER signed by Magistrate Judge Colin H. Lindsay on 9/17/2020. Granting #37 Motion to Appear Pro Hac Vice Steven Scott Schulte. cc: Counsel(KJA)
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Filing 39
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 38
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 #37 MOTION for Steven S. Schulte to Appear Pro Hac Vice: $125, receipt number P33004079, by Russell Walker. (MNM) |
| Filing 37 MOTION for Steven S. Schulte to Appear Pro Hac Vice by Plaintiff Russell Walker. (Attachments: #1 Certificate of Good Standing, #2 ECF Registration Form, #3 Proposed Order) (MNM) |
| Filing 36 Mail Returned as Undeliverable. Mail sent to Darren McDowell, DN #28 . (MNM) |
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Filing 35
ORDER signed by Senior Judge Thomas B. Russell on 8/25/2020 granting #34 Motion to Withdraw as Attorney. The Clerk of Court is DIRECTED that Ms. Matthews, Ms. Junek, and Ms. Jarreau shall be TERMINATED as counsel of record. cc: Counsel(MNM)
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| Filing 34 MOTION to Withdraw as Attorney . (Continue to receive notice:Yes) by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, Does 1 through 100 Inclusive, McKesson Corporation (Attachments: #1 Proposed Order Granting Withdrawal) (Foster Bird, Melissa) |
| Filing 33 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 32 ATTORNEY NOTICE of Deficiency issued to Attorney Jordan E. Jarreau re #25 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 9/4/2020. (JM) |
| Filing 31 ATTORNEY NOTICE of Deficiency issued to Attorney Jessica Junek re #25 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 9/4/2020. (JM) |
| Filing 30 ATTORNEY NOTICE of Deficiency issued to Attorney Melissa Dorman Matthews re #25 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 9/4/2020. (JM) |
| Filing 29 ATTORNEY NOTICE of Deficiency issued to Attorney Steven Scott Schulte re #25 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 9/4/2020. (JM) |
| Filing 28 ATTORNEY NOTICE of Deficiency issued to Attorney Darren McDowell re #25 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 9/4/2020. (JM) |
| Filing 27 ATTORNEY NOTICE of Deficiency issued to Attorney Eric Przybysz re #25 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 9/4/2020. (JM) |
| Filing 26 Case Assignment (Random Selection): Case Assigned to Senior Judge Thomas B. Russell. (JM) |
| Filing 25 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02332. Original file certified copy of transfer order and docket sheet received. (JM) |
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Filing 24
MEMORANDUM OPINION AND ORDER #20 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 Richelle Gray's case be severed and transferred to the Lafayette Division of the Western District of Louisiana (Civil case 3:20-cv-2325-S opened); b. Plaintiff Johnathan Hendrix's case be severed and transferred to the Detroit Division of the Eastern District of Michigan (Civil case 3:20-cv-2326-S opened); c. Plaintiff Francis Hoffman's case be severed and transferred to the Beaumont Division of the Eastern District of Texas (Civil case 3:20-cv-2327-S opened); d. Plaintiff Alta Lee's case be severed and transferred to the St. Louis Division of the Eastern District of Missouri (Civil case 3:20-cv-2328-S opened); e. Plaintiff Yvonne Legree's case be severed and transferred to the Charleston Division of the District of South Carolina (Civil case 3:20-cv-2329-S opened); f. Plaintiff Tamika Small's case be severed and transferred to the District of Columbia (Civil case 3:20-cv-2330-S opened); g. Plaintiff Ramon Vargas's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2331-S opened); h. Plaintiff Russell Walker's case be severed and transferred to the Paducha Division of the Western District of Kentucky (Civil case 3:20-cv-2332-S opened); i. Plaintiff Frances Washburn's case be severed and transferred to the Dayton Division of the Southern District of Ohio (Civil case 3:20-cv-2333-S opened). Plaintiff Edward Rodriguez 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 8/21/2020.]
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| Filing 23 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 8/21/2020.] |
| Filing 22 Appendix in Support filed by Richelle Gray, Jonathan Hendrix, Francis Hoffman, Alta Lee, Yvonne Legree, Edward Rodriguez, Tamika Smalls, Ramon Vargas, Russell Walker, Frances Washburn re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from txnd on 8/21/2020.] |
| Filing 21 Brief/Memorandum in Support filed by Richelle Gray, Jonathan Hendrix, Francis Hoffman, Alta Lee, Yvonne Legree, Edward Rodriguez, Tamika Smalls, Ramon Vargas, Russell Walker, Frances Washburn re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/21/2020.] |
| Filing 20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Richelle Gray, Jonathan Hendrix, Francis Hoffman, Alta Lee, Yvonne Legree, Edward Rodriguez, Tamika Smalls, Ramon Vargas, Russell Walker, Frances Washburn (Schulte, Steven) [Transferred from txnd on 8/21/2020.] |
| Filing 19 RESPONSE filed by Richelle Gray, Jonathan Hendrix, Francis Hoffman, Alta Lee, Yvonne Legree, Edward Rodriguez, Tamika Smalls, Ramon Vargas, Russell Walker, Frances Washburn 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 8/21/2020.] |
| Filing 18 NOTICE of Filing Completed Forms for Each Plaintiff re: #16 Order Setting Deadline/Hearing, filed by Richelle Gray, Jonathan Hendrix, Francis Hoffman, Alta Lee, Yvonne Legree, Edward Rodriguez, Tamika Smalls, Ramon Vargas, Russell Walker, Frances Washburn (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from txnd on 8/21/2020.] |
| Filing 17 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 8/21/2020.] |
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Filing 16
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) Modified on 7/16/2020 (mla). Modified on 7/16/2020 (ndt). [Transferred from txnd on 8/21/2020.]
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Filing 15
***PLEASE DISREGARD WRONG CASE*** 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 July 22, 2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (ndt) Modified on 7/16/2020 (ndt). [Transferred from txnd on 8/21/2020.]
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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 8/21/2020.]
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| 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 Richelle Gray, Jonathan Hendrix, Francis Hoffman, Alta Lee, Yvonne Legree, Edward Rodriguez, Tamika Smalls, Ramon Vargas, Russell Walker, Frances Washburn (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/21/2020.] |
| 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 8/21/2020.] |
| 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 8/21/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from txnd on 8/21/2020.] |
| 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 8/21/2020.] |
| 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 8/21/2020.] |
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Filing 7
ELECTRONIC ORDER: Civil action number 3:20-CV-1519-G is hereby transferred to the docket of the Honorable Karen Gren Scholer and shall henceforth carry the suffix letter "S". (Ordered by Senior Judge A. Joe Fish on 6/11/2020) (ctf) [Transferred from txnd on 8/21/2020.]
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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 8/21/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Junek, Jessica) [Transferred from txnd on 8/21/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Junek, Jessica) [Transferred from txnd on 8/21/2020.] |
| 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 8/21/2020.] |
| 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 8/21/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc.. (Filing fee $400; receipt number 0539-10904573) 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 Jury Demand, #11 Exhibit(s) D-5 Citation Issued C. R. Bard, Inc., #12 Exhibit(s) D-6 Citation Issued Bard Peripheral, #13 Exhibit(s) D-7 Citation Issued McKesson, #14 Exhibit(s) D-8 Return of Service C.R. Bard Inc., #15 Exhibit(s) D-9 Return of Service Bard Peripheral) (Junek, Jessica) [Transferred from txnd on 8/21/2020.] |
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