Coleman v. C R Bard Inc et al
| Kawanda Coleman |
| C R Bard Incorporated, Bard Peripheral Vascular Inc., McKesson Corporation and DOES 1 through 100 Inclusive |
| Melissa Doorman Matthews and Eric Przybysz |
| 3:2020cv00537 |
| August 18, 2020 |
| US District Court for the Middle District of Louisiana |
| Baton Rouge Office |
| Shelly D Dick |
| Erin Wilder-Doomes |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 6, 2020. A more recent docket listing may be available from PACER.
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Filing 48
ORDER granting #44 Motion to Stay. The case is further stayed for an additional ninety (90) days to allow the parties to continue to engage in discussions that may resolve this dispute entirely. 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 Chief Judge Shelly D. Dick on 10/6/2020. (EDC)
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Filing 47
ORDER granting #46 Motion for Steven S. Schulte to Appear Pro Hac Vice. Signed by Magistrate Judge Erin Wilder-Doomes on 10/1/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| MOTION(S) REFERRED: #46 MOTION for Steven S. Schulte to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2179828). This motion is now pending before the USMJ. (ELW) |
| Filing 46 MOTION for Steven S. Schulte to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2179828) by Kawanda Coleman. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Pleading;)(St. Romain, Jeanne) |
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Filing 45
ORDER granting #38 Motion to Enroll as Attorney. Added attorney Jeanne Louise St. Romain and Lindsey A Cheek for Kawanda Coleman. Signed by Magistrate Judge Erin Wilder-Doomes on 9/28/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 44 Joint MOTION for Temporary Stay by Bard Peripheral Vascular Inc., C R Bard Incorporated. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Rookard, Kelly) Modified on 9/28/2020 to edit the docket text (SWE). |
| MOTION(S) REFERRED: #38 MOTION to Enroll Lindsey Cheek and Jeanne St. Romain as Attorney . This motion is now pending before the USMJ. (ELW) |
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Filing 43
ORDER granting #40 and #41 Motions for Lori Cohen and Sylvia Simson to Appear Pro Hac Vice. Signed by Magistrate Judge Erin Wilder-Doomes on 9/25/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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Filing 42
ORDER granting #39 Motion to Dismiss. The above-captioned case is hereby DISMISSED without prejudice as to Defendant McKesson Corporation, with each party to bear its own costs and attorney's fees. This dismissal does not toll or extend any applicable statute of limitations. Signed by Chief Judge Shelly D. Dick on 9/25/2020. (EDC)
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| Filing 41 MOTION for Lori Cohen to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2177123) by Bard Peripheral Vascular Inc., C R Bard Incorporated. (Attachments: #1 Proposed Order, #2 Certificate of Good Standing, #3 Affidavit)(Melancon, David) |
| Filing 40 MOTION for Sylvia Simson to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number BLAMDC-2177119) by Bard Peripheral Vascular Inc., C R Bard Incorporated. (Attachments: #1 Proposed Order, #2 Certificate of Good Standing NY, #3 Certificate of Good Standing TX, #4 Affidavit)(Melancon, David) |
| MOTION(S) REFERRED: #40 MOTION for Sylvia Simson to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number BLAMDC-2177119). This motion is now pending before the USMJ. (SWE) |
| MOTION(S) REFERRED: #41 MOTION for Lori Cohen to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2177123). This motion is now pending before the USMJ. (SWE) |
| Filing 39 Joint STIPULATION of Dismissal Without Prejudice as to McKesson Corporation by McKesson Corporation. (Attachments: #1 Proposed Order)(Rookard, Kelly) Modified on 9/25/2020 to edit the event and docket text (SWE). |
| Filing 38 MOTION to Enroll Lindsey Cheek and Jeanne St. Romain as Attorney by Kawanda Coleman. (Attachments: #1 Proposed Order)(Cheek, Lindsey) |
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Filing 37
ORDER granting #33 Motion to Withdraw Attorney Melissa Dorman Matthews as Attorney. Signed by Magistrate Judge Erin Wilder-Doomes on 8/27/2020. (EDC)
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Filing 36
ORDER granting #32 Motion to Withdraw Attorney Melissa Dorman Matthews as Attorney. Signed by Magistrate Judge Erin Wilder-Doomes on 8/27/2020. (EDC)
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Filing 35
ORDER granting #31 Motion to Enroll as Attorney. Added attorney Kim E. Moore, David Michael Melancon, Kelly Juneau Rookard, Alison Amanda Spindler, Brian Gerard Reaney, II for McKesson Corporation. Signed by Magistrate Judge Erin Wilder-Doomes on 8/27/2020. (EDC)
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Filing 34
ORDER granting #30 Ex Parte MOTION to Enroll Kim E. Moore, David M. Melancon, Kelly Juneau Rookard, Alison A. Spindler, Brian G. Reaney as Attorney by Bard Peripheral Vascular Inc., C R Bard Incorporated. Added attorney Kim E. Moore,David Michael Melancon,Kelly Juneau Rookard,Brian Gerard Reaney, II for Bard Peripheral Vascular Inc., and C R Bard Incorporated. Signed by Magistrate Judge Erin Wilder-Doomes on 8/27/2020. (LLH)
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| MOTION(S) REFERRED: #33 Ex Parte MOTION for Melissa Dorman Matthews to Withdraw as Attorney , #31 Ex Parte MOTION to Enroll Kim E. Moore, David M. Melancon, Kelly Juneau Rookard, Alison A. Spindler, Brian G. Reaney as Attorney , #30 Ex Parte MOTION to Enroll Kim E. Moore, David M. Melancon, Kelly Juneau Rookard, Alison A. Spindler, Brian G. Reaney as Attorney , #32 Ex Parte MOTION for Melissa Dorman Matthews to Withdraw as Attorney . This motion is now pending before the USMJ. (EDC) |
| Filing 33 Ex Parte MOTION for Melissa Dorman Matthews to Withdraw as Attorney by McKesson Corporation. (Attachments: #1 Proposed Order)(Spindler, Alison) |
| Filing 32 Ex Parte MOTION for Melissa Dorman Matthews to Withdraw as Attorney by Bard Peripheral Vascular Inc., C R Bard Incorporated. (Attachments: #1 Proposed Order)(Spindler, Alison) |
| Filing 31 Ex Parte MOTION to Enroll Kim E. Moore, David M. Melancon, Kelly Juneau Rookard, Alison A. Spindler, Brian G. Reaney as Attorney by McKesson Corporation. (Attachments: #1 Proposed Order)(Spindler, Alison) |
| Filing 30 Ex Parte MOTION to Enroll Kim E. Moore, David M. Melancon, Kelly Juneau Rookard, Alison A. Spindler, Brian G. Reaney as Attorney by Bard Peripheral Vascular Inc., C R Bard Incorporated. (Attachments: #1 Proposed Order)(Spindler, Alison) |
| Filing 29 Letter to JPML Panel notifying panel of possible JPML case. (LLH) |
| Filing 28 Letter to Attorney Eric Przbysz who is lead counsel for party Kawanda Coleman. Attorney is not admitted to practice in LAMD. (LLH) |
| Filing 27 Letter to Attorney Melissa Dooroman Matthews who is lead counsel for party C R Bard, Bard Peripheral Vascular Inc., and McKesson Corporation. Attorney is not admitted to practice in LAMD. (LLH) |
| Filing 26 Case transferred in from the Texas Northern; Case Number 3:20-cv-02227. Original file certified copy of transfer order and docket sheet received. |
| Case Assigned to Chief Judge Shelly D. Dick and Magistrate Judge Erin Wilder-Doomes. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (LLH) |
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Filing 25
MEMORANDUM OPINION AND ORDER #22 Unopposed Amended 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 Kawanda Coleman's case be severed and transferred to the Baton Rouge Division of the Middle District of Louisiana (Civil case 3:20-cv-2227-S); b. Plaintiff Deborah Gaylor's case be severed and transferred to the Rochester Division of the Western District of New York (Civil case 3:20-cv-2228-S); c. Plaintiff Gary Gross's case be severed and transferred to the Jefferson City Division of the Western District of Missouri (Civil case 3:20-cv-2229-S); d. Plaintiff Teresa Kearney's case be severed and transferred to the Richmond Division of the Eastern District of Virginia (Civil case 3:20-cv-2230-S); e. Plaintiff Gary Long's case be severed and transferred to the Memphis Division of the Western District of Tennessee (Civil case 3:20-cv-2231-S); f. Plaintiff Lecia Moore's case be severed and transferred to the Hartford Division of the District of Connecticut (Civil case 3:20-cv-2232-S); g. Plaintiff Katherine Ringle's case be severed and transferred to the Kansas City Division of the District of Kansas (Civil case 3:20-cv-2233-S); h. Plaintiff Margaret Slocum's case be severed and transferred to the Detroit Division of the Eastern District of Michigan (Civil case 3:20-cv-2234-S); i. Plaintiff Jeff Waller's case be severed and transferred to the Jackson Division of the Western District of Tennessee (Civil case 3:20-cv-2235-S). Plaintiff Amanda Kozma 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 8/17/2020) (axm) [Transferred from Texas Northern on 8/18/2020.]
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| Filing 24 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 23 Brief/Memorandum in Support filed by Kawanda Coleman, Deborah Gaylor, Gary Gross, Teresa Kearney, Amanda Kozma, Gary Long, Lecia Moore, Katherine Ringle, Margaret Slocum, Jeff Waller re #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Kawanda Coleman, Deborah Gaylor, Gary Gross, Teresa Kearney, Amanda Kozma, Gary Long, Lecia Moore, Katherine Ringle, Margaret Slocum, Jeff Waller (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 21 Appendix in Support filed by Kawanda Coleman, Deborah Gaylor, Gary Gross, Teresa Kearney, Amanda Kozma, Gary Long, Lecia Moore, Katherine Ringle, Margaret Slocum, Jeff Waller re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Kawanda Coleman, Deborah Gaylor, Gary Gross, Teresa Kearney, Amanda Kozma, Gary Long, Lecia Moore, Katherine Ringle, Margaret Slocum, Jeff Waller re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Kawanda Coleman, Deborah Gaylor, Gary Gross, Teresa Kearney, Amanda Kozma, Gary Long, Lecia Moore, Katherine Ringle, Margaret Slocum, Jeff Waller (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 18 RESPONSE filed by Kawanda Coleman, Deborah Gaylor, Gary Gross, Teresa Kearney, Amanda Kozma, Gary Long, Lecia Moore, Katherine Ringle, Margaret Slocum, Jeff Waller 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 Texas Northern on 8/18/2020.] |
| Filing 17 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 Texas Northern on 8/18/2020.] |
| Filing 16 NOTICE of Filing Completed Forms For Each Plaintiff filed by Kawanda Coleman, Deborah Gaylor, Gary Gross, Teresa Kearney, Amanda Kozma, Gary Long, Lecia Moore, Katherine Ringle, Margaret Slocum, Jeff Waller (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
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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 July 22, 2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (ndt) [Transferred from Texas Northern on 8/18/2020.]
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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 Texas Northern on 8/18/2020.]
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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 Kawanda Coleman, Deborah Gaylor, Gary Gross, Teresa Kearney, Amanda Kozma, Gary Long, Lecia Moore, Katherine Ringle, Margaret Slocum, Jeff Waller (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
| 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 Texas Northern on 8/18/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) [Transferred from Texas Northern on 8/18/2020.] |
| 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 Texas Northern on 8/18/2020.] |
| 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 Texas Northern on 8/18/2020.] |
| 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 Texas Northern on 8/18/2020.] |
| 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 Texas Northern on 8/18/2020.] |
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Filing 5
ELECTRONIC ORDER: Civil action number 3:20-CV-1496-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 6/9/2020) (ctf) [Transferred from Texas Northern on 8/18/2020.]
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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 Horan). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from Texas Northern on 8/18/2020.] |
| 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 Texas Northern on 8/18/2020.] |
| 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 Texas Northern on 8/18/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10900563) 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 - C.R. Bard, Inc., #11 Exhibit(s) D-5 - Citation Issued- Bard Peripheral, #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 Texas Northern on 8/18/2020.] |
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