Pilger v. C R Bard Inc et al
| Frederick Pilger |
| Does 1 through 100 inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular Incorporated |
| 1:2020cv02563 |
| September 3, 2020 |
| US District Court for the District of Maryland |
| Paula Xinis |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on October 20, 2020. A more recent docket listing may be available from PACER.
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| Filing 43 PAPERLESS ORDER granting #42 Motion to Appear Pro Hac Vice on behalf of Steven S Schulte. Directing attorney Steven S Schulte to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 10/20/2020. (srds, Deputy Clerk) |
| Filing 42 MOTION to Appear Pro Hac Vice for Steven S. Schulte (Filing fee $100, receipt number 0416-8918763.) by Frederick Pilger (Attachments: #1 Attachment Certificate of Good Standing, #2 Attachment Texas Bar Certification)(Jenner, Robert) |
| Filing 41 NOTICE of Appearance by Robert Keith Jenner on behalf of Frederick Pilger (Jenner, Robert) |
Filing 40
PAPERLESS ORDER GRANTING #35 Motion to Stay Discovery and Pre-trial Deadlines until initial scheduling conference. A virtual proceeding has been scheduled for December 17, 2020 at 10:00 a.m. An invitation link will be sent twenty-four (24) hours in advance of the proceeding. Signed by Judge Paula Xinis on 10/19/2020. (tb2s, Chambers)
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Filing 39
PAPERLESS ORDER granting #34 MOTION to Withdraw as Attorney Motion to Withdraw as Counsel Melissa Dorman Matthews & Jordan E. Jarreau. Signed by Judge Paula Xinis on 10/8/2020. (dg3s, Deputy Clerk)
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Filing 38
PAPERLESS ORDER GRANTING #36 Motion for Extension of Time. Plaintiff's Local Counsel has until October 16, 2020 to Enter an Appearance. Signed by Judge Paula Xinis on 10/8/2020. (tb2s, Chambers)
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Filing 37
PAPERLESS ORDER APPROVING #33 Stipulation of Dismissal OF Claims Against McKesson Corporation Without Prejudice. Signed by Judge Paula Xinis on 10/8/2020. (tb2s, Chambers)
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| Filing 36 MOTION to Extend Time for Local Counsel to Enter an Appearance by Frederick Pilger (Attachments: #1 Text of Proposed Order, #2 Envelope)(dg3s, Deputy Clerk) |
| Filing 35 Joint MOTION to Stay Joint Motion to Stay Discovery and All Pretrial Deadlines by Bard Peripheral Vascular Incorporated, C R Bard Inc (Attachments: #1 Text of Proposed Order)(Halaiko, Michael) |
| Filing 34 MOTION to Withdraw as Attorney Motion to Withdraw as Counsel Melissa Dorman Matthews & Jordan E. Jarreau by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation(Halaiko, Michael) |
| Filing 33 STIPULATION of Dismissal Stipulation to Dismiss Claims Against McKesson Corporation Without Prejudice by McKesson Corporation(Halaiko, Michael) |
| Filing 32 Local Rule 103.3 Disclosure Statement by Bard Peripheral Vascular Incorporated, C R Bard Inc identifying Other Affiliate Becton Dickenson and Company for Bard Peripheral Vascular Incorporated, C R Bard Inc.(Halaiko, Michael) |
| Filing 31 NOTICE of Appearance by Leianne S McEvoy on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (McEvoy, Leianne) |
| Filing 30 NOTICE of Appearance by Michael J Halaiko on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Halaiko, Michael) |
| Filing 29 Transfer Notification Letter (c/m to all counsel 9/3/2020 - dg3s, Deputy Clerk) |
| Filing 28 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02665. Original file certified copy of transfer order and docket sheet received. |
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Filing 27
MEMORANDUM OPINION AND ORDER granting #21 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 Clara Coleman's case be severed and transferred to the Eastern Division of the Northern District of Illinois (Civil case 3:20-cv-2660-S opened); b. Plaintiff Troy Frederick's case be severed and transferred to the Akron Division of the Northern District of Ohio (Civil case 3:20-cv-2661-S opened); c. Plaintiff Debra Griffin's case be severed and transferred to the Northern Division of the Eastern District of Michigan (Civil case 3:20-cv-2662-S opened); d. Plaintiff Diana Long's case be severed and transferred to the Eastern District of Pennsylvania (Civil case 3:20-cv-2663-S opened); e. Plaintiff Debra Matter's case be severed and transferred to the Middle District of Pennsylvania (Civil case 3:20-cv-2664-S opened); f. Plaintiff Frederick Pilger's case be severed and transferred to the Northern Division of the District of Maryland (Civil case 3:20-cv-2665-S opened); g. Plaintiff Lucas Staker's case be severed and transferred to the Southern District of California (Civil case 3:20-cv-2666-S opened); and h. Plaintiff David Tobias's case be severed and transferred to the Cleveland Division of the Northern District of Ohio (Civil case 3:20-cv-2667-S opened). Plaintiff Ruby Byrd 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) (axm)
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Filing 26
ORDER: Pursuant to the parties' agreement, see ECF Nos. #21 , #25 , the Court DISMISSES WITHOUT PREJUDICE Plaintiff Ana Ayalanieves's claims against Defendants. The parties shall bear their own costs. All relief not expressly granted is DENIED. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (ctf)
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| Filing 25 Supplemental RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #21 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). |
| Filing 24 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #21 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) |
| Filing 23 Appendix in Support filed by Ana Ayalanieves, Clara Coleman, Troy Frederick, Debra Griffin, Diana Long, Debra Matter, Frederick Pilger, Lucas Staker, David Tobias re #21 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) |
| Filing 22 Brief/Memorandum in Support filed by Ana Ayalanieves, Clara Coleman, Troy Frederick, Debra Griffin, Diana Long, Debra Matter, Frederick Pilger, Lucas Staker, David Tobias re #21 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) |
| Filing 21 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by Ana Ayalanieves, Clara Coleman, Troy Frederick, Debra Griffin, Diana Long, Debra Matter, Frederick Pilger, Lucas Staker, David Tobias (Attachments: #1 Proposed Order) (Schulte, Steven) |
| Filing 20 RESPONSE AND OBJECTION filed by Ana Ayalanieves, Ruby Byrd, Clara Coleman, Troy Frederick, Debra Griffin, Diana Long, Debra Matter, Frederick Pilger, Lucas Staker, David Tobias re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) |
| Filing 19 ***DISREGARD/FILED IN THE WRONG CASE*** MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by Ana Ayalanieves, Clara Coleman, Troy Frederick, Debra Griffin, Diana Long, Debra Matter, Frederick Pilger, Lucas Staker, David Tobias (Attachments: #1 Proposed Order) (Schulte, Steven) Modified on 8/3/2020 (ykp). |
| Filing 18 ***DISREGARD/FILED IN THE WRONG CASE***RESPONSE AND OBJECTION filed by Ana Ayalanieves, Ruby Byrd, Clara Coleman, Troy Frederick, Debra Griffin, Diana Long, Debra Matter, Frederick Pilger, Lucas Staker, David Tobias re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) Modified on 8/3/2020 (ykp). |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Ana Ayalanieves, Ruby Byrd, Clara Coleman, Troy Frederick, Debra Griffin, Diana Long, Debra Matter, Frederick Pilger, Lucas Staker, David Tobias (Attachments: #1 Exhibit(s)) (Schulte, Steven) |
| Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) |
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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)
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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)
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #2 MOTION to Dismiss for Lack of Jurisdiction , #9 MOTION to Dismiss for Lack of Jurisdiction filed by Ana Ayalanieves, Ruby Byrd, Clara Coleman, Troy Frederick, Debra Griffin, Diana Long, Debra Matter, Frederick Pilger, Lucas Staker, David Tobias (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) |
| Filing 10 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) |
| Filing 8 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) |
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Filing 7
ORDER: Case reassigned to Judge Karen Gren Scholer for all further proceedings. Chief Judge Barbara M. G. Lynn no longer assigned to case. (Ordered by Chief Judge Barbara M. G. Lynn on 6/12/2020) (ndt)
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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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (hml) |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) |
| 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 (Jarreau, Jordan) |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10908285) 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 State Court Docket Sheet, #8 Exhibit(s) D-2 2020-04-06 Original Petition, #9 Exhibit(s) D-3 2020-04-06 Civil Case Info. Sheet, #10 Exhibit(s) D-4 2020-04-06 Jury Demand, #11 Exhibit(s) D-5 2020-04-06 Citation Issued - Bard Peripheral, #12 Exhibit(s) D-6 2020-04-06 Citation Issued - McKesson, #13 Exhibit(s) D-7 2020-04-06 Citation Issues - C.R. Bard, #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, #16 Exhibit(s) D-10 2020-06-04 Return of Service Bard Peripheral) (Jarreau, Jordan) |
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