Brown v. C R Bard Inc. et al
| Joland Brown |
| C R Bard Incorporated, McKesson Corporation, Unidentified Parties and Bard Peripheral Vascular, Inc. |
| 2:2020cv02319 |
| August 21, 2020 |
| US District Court for the Eastern District of Louisiana |
| New Orleans Office |
| Ivan LR Lemelle |
| Janis van Meerveld |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 28, 2020. A more recent docket listing may be available from PACER.
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Filing 48
ORDER granting #47 Joint MOTION to Stay. The above-captioned case is hereby stayed for a period of ninety days to allow the parties to continue engaging in settlement discussions. FURTHER ORDERED that the scheduling conference set for 10/1/2020 at 10:00 a.m. is canceled. The parties must provide a status update to the court no later than 12/28/2020 as to whether plaintiff Joland Brown intends to prosecute this case, along with a detailed report of work done on this case by all parties. Failure to fully comply with this order, including failure to act in good faith in all regards, may lead to financial and/or extreme sanctions. Signed by Judge Ivan L.R. Lemelle on 09/28/2020.(ko)
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| Filing 47 EXPARTE/CONSENT Joint MOTION to Stay byJoland Brown, Bard Peripheral Vascular, Inc., and C R Bard Incorporated. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Rookard, Kelly) Modified text on 9/28/2020 (pp). |
| Filing 46 NOTICE of Hearing. Scheduling Conference set for 10/1/2020 10:00 AM before case manager by telephone. All parties shall call into the conference call at the number listed in the notice. By Clerk. (kac) |
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Filing 45
ORDER granting #44 Motion to Withdraw as Attorney. Attorney Eric Martin Przybysz terminated. Signed by Judge Ivan L.R. Lemelle on 09/14/2020. (ko)
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| Filing 44 EXPARTE/CONSENT MOTION to Withdraw Eric Przybysz as Attorney by Joland Brown. (Attachments: #1 Proposed Order on Plaintiff's Motion to Withdraw as Counsel)(Saucer, S.) |
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Filing 42
ORDER GRANTING #37 and #39 MOTIONS to Appear Pro Hac Vice for Attorneys Steven S. Schulte and Darren McDowell filed by Joland Brown, and #40 and #41 MOTIONS to Appear Pro Hac Vice for Attorneys Sylvia Simson and Lori Cohen filed by C R Bard Incorporated, and Bard Peripheral Vascular, Inc., as set forth herein. IT IS FURTHER ORDERED that the captioned matter is hereby DISMISSED without prejudice as to defendant McKesson Corporation, with each party to bear its own costs and attorney's fees; further, moving parties contractually agree that this dismissal does not toll or extend any applicable statute of limitations. Signed by Judge Ivan L.R. Lemelle on 9/8/2020.(jls) (Additional attachment(s) added on 9/9/2020: #1 Pro Hac Notice) (jls).
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| Filing 41 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Lori Cohen (Filing fee $ 100 receipt number ALAEDC-8481551) by Bard Peripheral Vascular, Inc., C R Bard Incorporated. (Attachments: #1 Proposed Order, #2 Certificate of Good Standing, #3 Affidavit, #4 CMECF Form)(Melancon, David) |
| Filing 40 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Sylvia Simson (Filing fee $ 100 receipt number ALAEDC-8481542) by Bard Peripheral Vascular, Inc., C R Bard Incorporated. (Attachments: #1 Proposed Order, #2 NY Certificate of Good Standing, #3 TX Supreme Court, #4 Affidavit, #5 CM ECF Form)(Melancon, David) |
| Filing 39 EXPARTE/CONSENT Amended MOTION to Appear Pro Hac Vice for Attorney Darren McDowell (Fee previously paid) by Joland Brown. (Attachments: #1 Statement Declaration of Darren McDowell in Support of Motion to Appear Pro Hac Vice, #2 Proposed Order of Admission, #3 Supplement Certificate of Good Standing from the Supreme Court of Texas, #4 Supplement Consent to Electronic Filing Form)(Saucer, S.) |
| Filing 38 STIPULATION Joint of Dismissal Without Prejudice filed on behalf of Plaintiffs and by McKesson Corporation (Attachments: #1 Proposed Order)(Melancon, David) Modified text on 9/3/2020 (pp). |
| Filing 37 EXPARTE/CONSENT Amended MOTION to Appear Pro Hac Vice for Attorney Steven S. Schulte (Fee previously paid) by Joland Brown. (Attachments: #1 Proposed Order, #2 Statement Declaration of Steven S. Schulte, #3 Supplement Certificate of Good Standing from the Supreme Court of Texas, #4 Supplement Consent to Electronic Filing Form)(Saucer, S.) Modified text on 9/3/2020 (pp). |
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Filing 36
ORDER granting #35 Motion to Enroll as Counsel of Record for Attorney S. Ann Saucer for Joland Brown. Signed by Judge Ivan L.R. Lemelle on 09/02/2020. (ko)
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| Filing 35 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Ann Saucer by Joland Brown. (Attachments: #1 Proposed Order )Attorney S. Ann Saucer added to party Joland Brown(pty:pla).(Saucer, S.) Modified on 9/2/2020 (pp). |
| Filing 34 **DEFICIENT**EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Attorney Darren McDowell (Fee previously paid) by Joland Brown. (Attachments: #1 Statement Declaration of Darren McDowell in Support of Motion to Appear Pro Hac Vice, #2 Supplement Certificate of Good Standing, #3 Proposed Order Proposed Order, #4 Supplement Consent to Electronic Filing Form)(Saucer, S.) Modified on 9/1/2020 (pp). |
| Filing 33 **DEFICIENT**EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Attorney Steven S. Schulte (Fee previously paid) by Joland Brown. (Attachments: #1 Statement Declaration of Steven S. Schulte in Support of Motion to Appear Pro Hac Vice, #2 Supplement Certificate of Good Standing, #3 Proposed Order Proposed Order, #4 Supplement Consent to Electronic Filing Form)(Saucer, S.) Modified on 9/1/2020 (pp). |
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Filing 32
ORDER granting #28 , #29 Motions to Enroll as Counsel of Record. Kim E. Moore, David M. Melancon, Kelly Juneau Rookard, Alison A. Spindler, and Brian G. Reaney, II are hereby enrolled as counsel of record for Defendants C.R. Bard, Inc. and Bard Peripheral Vascular, Inc., and McKesson Corp. FURTHER ORDERED that #30 , #31 Motions to Withdraw Counsel of Record are granted. Melissa Dorman Matthews and Jordan R. Jarreau are hereby withdrawn as counsel of record for defendants C.R. Bard, Inc., Bard Peripheral Vascular, Inc., and McKesson Corp. Signed by Judge Ivan L.R. Lemelle on 08/26/2020. (ko)
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| Filing 31 EXPARTE/CONSENT MOTION to Withdraw Melissa Dorman Matthews, Jordan R. Jarreau as Attorney by McKesson Corporation. (Attachments: #1 Proposed Order)(Spindler, Alison) |
| Filing 30 EXPARTE/CONSENT MOTION to Withdraw Melissa Dorman Matthews, Jordan R. Jarreau as Attorney by Bard Peripheral Vascular, Inc., C R Bard Incorporated. (Attachments: #1 Proposed Order)(Spindler, Alison) |
| Filing 29 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Kim E. Moore, David M. Melancon, Kelly Juneau Rookard, Alison A. Spindler, Brian G. Reaney II by McKesson Corporation. (Attachments: #1 Proposed Order)Attorney Alison A. Spindler added to party McKesson Corporation(pty:dft).(Spindler, Alison) |
| Filing 28 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Kim E. Moore, David M. Melancon, Kelly Juneau Rookard, Alison A. Spindler, Brian G. Reaney II by Bard Peripheral Vascular, Inc., C R Bard Incorporated. (Attachments: #1 Proposed Order)Attorney Alison A. Spindler added to party Bard Peripheral Vascular, Inc.(pty:dft), Attorney Alison A. Spindler added to party C R Bard Incorporated(pty:dft).(Spindler, Alison) |
| Filing 27 **DEFICIENT** MOTION to Appear Pro Hac Vice for Attorney Steven S. Schulte (Filing fee $ 100 receipt number ALAEDC-8464422) by Joland Brown. Motion(s) referred to Janis van Meerveld. Motion(s) will be submitted on 8/25/2020. (Saucer, S.) Modified on 8/25/2020 (pp). |
| Filing 26 **DEFICIENT** MOTION to Appear Pro Hac Vice for Attorney Darren McDowell (Filing fee $ 100 receipt number ALAEDC-8464403) by Joland Brown. Motion(s) referred to Janis van Meerveld. Motion(s) will be submitted on 8/35/2020. (Saucer, S.) Modified on 8/25/2020 (pp). |
| Filing 25 **DEFICIENT**NOTICE of Appearance by S. Ann Saucer on behalf of Joland Brown. Attorney S. Ann Saucer added to party Joland Brown(pty:pla).(Saucer, S.) Modified on 8/25/2020 (pp). |
| Filing 24 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02371. Electronic file certified copy of transfer order and docket sheet received (dw) |
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Filing 23
MEMORANDUM OPINION AND ORDER granting #17 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 Edna Barnes's case be severed and transferred to the Jackson Division of the Western District of Tennessee (Civil case 3:20-cv-2370); b. Plaintiff Joland Brown's case be severed and transferred to the New Orleans Division of the Eastern District of Louisiana (Civil case 3:20-cv-2371 opened); c. Plaintiff Kenwann Foster's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil case 3:20-cv-2372 opened); d. Plaintiff Duron Hebron's case be severed and transferred to the Chicago Division of the Northern District of Illinois (Civil case 3:20-cv-2373 opened); e. Plaintiff Tameka McClamy's case be severed and transferred to the Philadelphia Division of the Eastern District of Pennsylvania (Civil case 3:20-cv-2374 opened); f. Plaintiff Elizabeth Olson's case be severed and transferred to the Madison Division of the Western District of Wisconsin (Civil case 3:20-cv-2375 opened); g. Plaintiff Jimmy Sullivan's case be severed and transferred to the Chattanooga Division of the Eastern District of Tennessee (Civil case 3:20-cv-2376 opened); h. Plaintiff Krista Umholtz's case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil case 3:20-cv-2377 opened); i. Plaintiff Lunell Will's case be severed and transferred to the Benton Division of the Southern District of Illinois (Civil case 3:20-cv-2378 opened). Plaintiff Carlos Martinez 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 8/19/2020) (jmg) [Transferred from txnd on 8/21/2020.]
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| Filing 22 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 8/21/2020.] |
| Filing 21 NOTICE of Filing Completed Forms for Each Plaintiff re: #20 Order, filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) Exhibit A) (Matthews, Melissa) [Transferred from txnd on 8/21/2020.] |
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Filing 20
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 8/10/2020. (Ordered by Judge Karen Gren Scholer on 8/3/2020) (oyh) [Transferred from txnd on 8/21/2020.]
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| Filing 19 Appendix in Support filed by Edna Barnes, Joland Brown, Kenwann Foster, Duron Hebron, Carlos Martinez, Tameka McClamy, Elizabeth Olson, Jimmy Sullivan, Krista Umholtz, Lunell Will re #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from txnd on 8/21/2020.] |
| Filing 18 Brief/Memorandum in Support filed by Edna Barnes, Joland Brown, Kenwann Foster, Duron Hebron, Carlos Martinez, Tameka McClamy, Elizabeth Olson, Jimmy Sullivan, Krista Umholtz, Lunell Will re #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/21/2020.] |
| Filing 17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Edna Barnes, Joland Brown, Kenwann Foster, Duron Hebron, Carlos Martinez, Tameka McClamy, Elizabeth Olson, Jimmy Sullivan, Krista Umholtz, Lunell Will (Schulte, Steven) [Transferred from txnd on 8/21/2020.] |
| Filing 16 RESPONSE filed by Edna Barnes, Joland Brown, Kenwann Foster, Duron Hebron, Carlos Martinez, Tameka McClamy, Elizabeth Olson, Jimmy Sullivan, Krista Umholtz, Lunell Will re: #8 MOTION to Dismiss for Lack of Jurisdiction , #3 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from txnd on 8/21/2020.] |
| Filing 15 NOTICE of Filing Completed Forms For Each Plaintiff filed by Edna Barnes, Joland Brown, Kenwann Foster, Duron Hebron, Carlos Martinez, Tameka McClamy, Elizabeth Olson, Jimmy Sullivan, Krista Umholtz, Lunell Will (Attachments: #1 Exhibit(s)) (Schulte, Steven) [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 for Lack of Jurisdiction , #3 MOTION to Dismiss for Lack of Jurisdiction filed by Edna Barnes, Joland Brown, Kenwann Foster, Duron Hebron, Carlos Martinez, Tameka McClamy, Elizabeth Olson, Jimmy Sullivan, Krista Umholtz, Lunell Will (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/21/2020.] |
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Filing 12
ELECTRONIC ORDER: Civil action numbers 3:20-CV-1499-X; 3:20-CV-1469-X; 3:20-CV-1566-X; and 3:20-CV-1500-X are hereby transferred to the docket of the Honorable Karen Gren Scholer and shall henceforth carry the suffix letter "S". (Ordered by Judge Brantley Starr on 6/19/2020) (ctf) [Transferred from txnd on 8/21/2020.]
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| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from txnd on 8/21/2020.] |
| Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from txnd on 8/21/2020.] |
| Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from txnd on 8/21/2020.] |
| Filing 8 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from txnd on 8/21/2020.] |
| Filing 7 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from txnd on 8/21/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from txnd on 8/21/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from txnd on 8/21/2020.] |
| Filing 4 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, C R Bard Inc re #3 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from txnd on 8/21/2020.] |
| Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from txnd on 8/21/2020.] |
| Filing 2 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 8/21/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10900935) 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 page, #5 Exhibit(s) C - 8-30-16 Romney, Kim Deposition, #6 Exhibit(s) D Index of State Docs, #7 Exhibit(s) D-1 2020-06-04 State Court Docket, #8 Exhibit(s) D-2 2020-04-06 Original Petition, #9 Exhibit(s) D-3 2020-04-06 Jury Demand, #10 Exhibit(s) D-4 2020-04-06 Citation Issued - Bard Peripheral Vascular Inc., #11 Exhibit(s) D-5 2020-04-06 Citation Issued - C.R. Bard, Inc., #12 Exhibit(s) D-6 2020-04-06 Citiation Issued - McKesson Corp, #13 Exhibit(s) D-7 2020-04-06 Civil Case Info Sheet, #14 Exhibit(s) D-8 2020-05-06 Return of Service - McKesson, #15 Exhibit(s) D-9 2020-05-22 Return of Service - C.R. Bard Inc.) (Jarreau, Jordan) Modified on 6/9/2020 (aaa). [Transferred from txnd on 8/21/2020.] |
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