Concha v. C R Bard Inc et al
| Alma Concha |
| C R Bard Incorporated, McKesson Corporation, Unidentified Parties and Bard Peripheral Vascular, Inc. |
| 2:2020cv02414 |
| September 2, 2020 |
| US District Court for the Eastern District of Louisiana |
| Barry W Ashe |
| 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 50
ORDER: IT IS ORDERED that said Motion #48 is GRANTED; and IT IS FURTHER ORDERED that the case is stayed for an additional ninety (90) days. IT IS FURTHER ORDERED that on 12/28/2020 the parties will report to the Court as to whether Plaintiff intends to prosecute this case and whether the scheduling of an initial status conference will be necessary. Signed by Judge Barry W Ashe on 09/28/2020. (am)
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| Filing 49 Correction of Docket Entry by Clerk re #48 Joint MOTION to Stay. **Filing attorney did not enter additional filer(s) in the blank text box on the docket text screen. Clerk added filer(s).** (am) |
| Filing 48 EXPARTE/CONSENT Joint MOTION to Stay by Alma Concha, Bard Peripheral Vascular, Inc., C R Bard Incorporated. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Rookard, Kelly) Modified text/filers on 9/28/2020 (am). |
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Filing 47
ORDER: GRANTING #42 Motion to Appear Pro Hac Vice as to Sylvia Ester Simson. Signed by Judge Barry W Ashe on 09/15/2020. (Attachments: #1 Pro Hac Vice Notice) (am)
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Filing 46
ORDER: GRANTING #41 Motion to Appear Pro Hac Vice as to Lori Gail Cohen. Signed by Judge Barry W Ashe on 09/15/2020. (Attachments: #1 Pro Hac Vice Notice) (am)
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Filing 45
ORDER: GRANTING #40 Motion to Withdraw as Attorney. Attorneys Eric Przybysz and Darren McDowell terminated. Signed by Judge Barry W Ashe on 09/15/2020. (am)
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Filing 44
ORDER: GRANTING #39 Motion to Appear Pro Hac Vice as to Steven Scott Schulte. Signed by Judge Barry W Ashe on 09/15/2020. (Attachments: #1 Pro Hac Vice Notice) (am)
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Filing 43
ORDER: GRANTING #37 Motion to Dismiss Party. Party McKesson Corporation dismissed. Signed by Judge Barry W Ashe on 09/15/2020. (am)
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| Filing 42 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Sylvia E. Simson (Filing fee $ 100 receipt number ALAEDC-8497018) by Bard Peripheral Vascular, Inc., C R Bard Incorporated. (Attachments: #1 Proposed Order, #2 Affidavit, #3 Certificate of Good Standing NY, #4 Certificate of Good Standing TX, #5 ECF Form)(Spindler, Alison) |
| Filing 41 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Lori G. Cohen (Filing fee $ 100 receipt number ALAEDC-8497011) by Bard Peripheral Vascular, Inc., C R Bard Incorporated. (Attachments: #1 Proposed Order, #2 Affidavit, #3 Certificate of Good Standing, #4 ECF Form)(Spindler, Alison) |
| Filing 40 EXPARTE/CONSENT MOTION to Withdraw Eric Przybysz and Darren McDowell as Attorney by Alma Concha. (Attachments: #1 Proposed Order)(Saucer, S.) Modified text on 9/14/2020 (am). |
| Filing 39 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Attorney Steven S. Schulte (Filing fee $ 100 receipt number ALAEDC-8495977) by Alma Concha. (Attachments: #1 Statement Declaration of Steven S. Schulte, #2 Certificate of Good Standing, #3 Proposed Order)(Saucer, S.) Modified text on 9/14/2020 (am). |
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Filing 38
ORDER granting #36 Motion to Enroll as Counsel of Record. ORDERED that Ann Saucer is hereby enrolled as counsel of record for Plaintiff Alma Concha. Signed by Judge Barry W Ashe on 9/14/2020. (clc)
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| Filing 37 Joint Stipulation for Dismissal Without Prejudice as to Defendant McKesson Corporation Filed by Alma Concha and by McKesson Corporation (Attachments: #1 Proposed Order)(Rookard, Kelly) Modified text/ filers on 9/14/2020 (am). |
| Filing 36 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Ann Saucer by Alma Concha. (Attachments: #1 Proposed Order on Plaintiff's Motion to Enroll as Counsel)Attorney S. Ann Saucer added to party Alma Concha(pty:pla).(Saucer, S.) Modified text on 9/14/2020 (am). |
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Filing 35
ORDER: GRANTING #31 Motion to Withdraw as Attorney. Attorney Jordan E Jarreau and Melissa Dorman Matthews terminated. Signed by Judge Barry W Ashe on 09/08/2020. (am)
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Filing 34
ORDER: GRANTING #30 Motion to Enroll as Counsel of Record for Attorney Kim E. Moore,David Michael Melancon,Kelly Juneau Rookard,Alison A. Spindler,Brian Gerard Reaney, II for McKesson Corporation. Signed by Judge Barry W Ashe on 09/08/2020. (am)
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Filing 33
ORDER: IT IS ORDERED that Melissa Dorman Matthews and Jordan R. Jarreau of the law firm of Hartline Barger LLP are hereby withdrawn as counsel of record for Defendants, C. R. Bard, Inc. and Bard Peripheral Vascular, Inc. IT IS FURTHER ORDERED that Melissa Dorman Matthews and Jordan R. Jarreau be removed from receiving notification of filings through the CM/ECF system for this case. Signed by Judge Barry W Ashe on 09/08/2020. (am)
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Filing 32
ORDER: GRANTING #28 Motion to Enroll as Counsel of Record for Attorney Kim E. Moore,David Michael Melancon,Kelly Juneau Rookard,Alison A. Spindler,Brian Gerard Reaney, II for Bard Peripheral Vascular, Inc. and C R Bard Incorporated. Signed by Judge Barry W Ashe on 09/08/2020. (am)
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| Filing 31 EXPARTE/CONSENT MOTION to Withdraw Melissa Dorman Matthews and Jordan R. Jarreau as Attorney by McKesson Corporation. (Attachments: #1 Proposed Order)(Melancon, David) |
| Filing 30 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Kim E. Moore, David M. Melancon, Kelly Juneau Rookard, Alison A. Spindler, and Brian G. Reaney, II by McKesson Corporation. (Attachments: #1 Proposed Order)Attorney David Michael Melancon added to party McKesson Corporation(pty:dft).(Melancon, David) |
| Filing 29 EXPARTE/CONSENT MOTION to Withdraw Melissa Dorman Matthews and Jordan R.Jarreau as Attorney by Bard Peripheral Vascular, Inc., C R Bard Incorporated. (Attachments: #1 Proposed Order)(Melancon, David) |
| Filing 28 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Kim E. Moore, David M. Melancon, Kelly Juneau Rookard, Alison A. Spindler, and Brian G. Reaney, II by Bard Peripheral Vascular, Inc., C R Bard Incorporated. (Attachments: #1 Proposed Order)Attorney David Michael Melancon added to party Bard Peripheral Vascular, Inc.(pty:dft), Attorney David Michael Melancon added to party C R Bard Incorporated(pty:dft).(Melancon, David) |
| Filing 27 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02700. Electronic file certified copy of transfer order and docket sheet received (dw) |
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Filing 26
MEMORANDUM OPINION AND ORDER grants #19 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 Alma Concha's case be severed and transferred to the Eastern District of Louisiana (Civil case 3:20-cv-2700 opened); b. Plaintiff Brian Ganoe's case be severed and transferred to the Harrisburg Division of the middle District of Pennsylvania (Civil case 3:20-cv-2701 opened); c. Plaintiff Cornelia Hunter's case be severed and transferred to the Jacksonville Division of the Middle District of Florida (Civil case 3:20-cv-2702 opened); d. Plaintiff Stanley Keim's case be severed and transferred to the Indianapolis Division of the Southern District of Indiana (Civil case 3:20-cv-2703 opened); e. Plaintiff Sarah Roth's case be severed and transferred to the Northern Division of the Western District of Michigan (Civil case 3:20-cv-2704 opened); f. Plaintiff Debbie Thompson's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (Civil case 3:20-cv-2705 opened); g. Plaintiff Robin Urbanec's case be severed and transferred to the Hartford Division of the District of Connecticut (Civil case 3:20-cv-2706 opened); and h. Plaintiff Hazel Wehrle's case be severed and transferred to the Covington Division of the Eastern District of Kentucky (Civil case 3:20-cv-2707 opened). Plaintiff Kathy Shaw 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 8/31/2020) (jmg)[Transferred from txnd on 9/3/2020.]
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Filing 25
ORDER Dismissing Parties. Party James Saitas terminated. The parties shall bear their own costs. All relief not expressly granted is DENIED. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (oyh) [Transferred from txnd on 9/3/2020.]
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| Filing 24 Supplemental RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) Modified title on 8/25/2020 (awc). [Transferred from txnd on 9/3/2020.] |
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Filing 23
***PLEASE DISREGARD FILED IN WRONG CASE*** Order: Before the Court are defendants Medical City Healthcare and Medical City Las Colinas's motion to dismiss [Doc. No. #15 ] and lead plaintiff Pearl De Leons motion to certify the class [Doc. No. #18 ]. For the following reasons, the Court finds it premature to decide the motions on their merits. Therefore, the Court DENIES WITHOUT PREJUDICE both motions. In the meantime, the Court ADMINISTRATIVELY CLOSES this case, which will reopen upon the parties' filing of their joint status report and amended proposed scheduling order. (Ordered by Judge Brantley Starr on 8/24/2020) (ndt) Modified on 8/24/2020 (ndt). [Transferred from txnd on 9/3/2020.]
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| Filing 22 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) [Transferred from txnd on 9/3/2020.] |
| Filing 21 Appendix in Support filed by Alma Concha, Brian Ganoe, Cornelia Hunter, Stanley Keim, Sarah Roth, James Saitas, Debbie Thompson, Robin Urbanec, Hazel Wehrle re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Alma Concha, Brian Ganoe, Cornelia Hunter, Stanley Keim, Sarah Roth, James Saitas, Debbie Thompson, Robin Urbanec, Hazel Wehrle re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
| Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division filed by Alma Concha, Brian Ganoe, Cornelia Hunter, Stanley Keim, Sarah Roth, James Saitas, Debbie Thompson, Robin Urbanec, Hazel Wehrle (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
| Filing 18 RESPONSE AND OBJECTION filed by Alma Concha, Brian Ganoe, Cornelia Hunter, Stanley Keim, Sarah Roth, James Saitas, Kathy Shaw, Debbie Thompson, Robin Urbanec, Hazel Wehrle re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Alma Concha, Brian Ganoe, Cornelia Hunter, Stanley Keim, Sarah Roth, James Saitas, Kathy Shaw, Debbie Thompson, Robin Urbanec, Hazel Wehrle (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
| Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from txnd on 9/3/2020.] |
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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) (oyh) [Transferred from txnd on 9/3/2020.]
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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 9/3/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction filed by Alma Concha, Brian Ganoe, Cornelia Hunter, Stanley Keim, Sarah Roth, James Saitas, Kathy Shaw, Debbie Thompson, Robin Urbanec, Hazel Wehrle (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 12 replaced with flattened document on 6/23/2020) (pnp). [Transferred from txnd on 9/3/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from txnd on 9/3/2020.] |
| 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 9/3/2020.] |
| 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 9/3/2020.] |
| 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 9/3/2020.] |
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Filing 6
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 6/15/2020) (chmb) [Transferred from txnd on 9/3/2020.]
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| Filing 7 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 9/3/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Matthews, Melissa) [Transferred from txnd on 9/3/2020.] (Main Document 5 replaced on 9/3/2020 to format document) (dw). |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Matthews, Melissa) [Transferred from txnd on 9/3/2020.] (Main Document 4 replaced on 9/3/2020 to format document) (dw). |
| 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 9/3/2020.] |
| 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 9/3/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10913526) 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 to Bard Peripheral Vascular, Inc., #12 Exhibit(s) D-6 - Citation to C.R. Bard, Inc., #13 Exhibit(s) D-7 - Citation to McKesson Corp., #14 Exhibit(s) D-8 - Notice of Dismissal Hearing, #15 Exhibit(s) D-9 - Affidavit of Service - McKesson, #16 Exhibit(s) D-10 - Return of Service - C.R. Bard, Inc., #17 Exhibit(s) D-11 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from txnd on 9/3/2020.] |
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