DuVal v. C R Bard Inc et al
Plaintiff: John Duval
Defendant: Does 1 Through 100 Inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular, Inc.
Case Number: 1:2020cv11591
Filed: August 25, 2020
Court: US District Court for the District of Massachusetts
Presiding Judge: F Dennis Saylor
Referring Judge: Richard G Stearns
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 21, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 21, 2020 Filing 44 Chief Judge F. Dennis Saylor, IV: ORDER entered. SCHEDULING ORDER (Wave 5). See Order for Full Text. (Bono, Christine)
October 20, 2020 Filing 43 Recommendations for Scheduling Order -Joint Motion to Adopt the Deadlines in the "Wave 5" Scheduling Order-. (Attachments: #1 Proposed Order)(Brown, Matthew)
October 20, 2020 Filing 42 NOTICE re: Telephone Status Conference set for 12/3/2020 at 11:00 AM before Chief Judge F. Dennis Saylor IV.This hearing shall take place remotely, by telephone only.Please use the following dial-in information:DIAL IN: (888) 675-2535ACCESS CODE: 7629998REMINDER: Counsel and participants who are not addressing the Court, please mute your telephones, so that you may hear the proceeding but other participants will not hear background noise or interference. Please do not put your telephone on speaker or hold.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. Associated Cases: 1:15-cv-13111-FDS et al.(Bono, Christine)
October 12, 2020 Filing 41 NOTICE by Bard Peripheral Vascular, Inc., C R Bard Inc re Withdrawal of Appearances for Melissa Dorman Matthews and Jordan E. Jarreau of Hartline Barger LLP (Brown, Matthew)
October 1, 2020 Filing 40 Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Status Conference held on 10/1/2020. Case called; hearing is conducted by telephone. Parties update court as to progress of cases, matters that are near or have reached settlement, and recently transferred matters. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Various) Associated Cases: 1:15-cv-13111-FDS et al.(Bono, Christine)
September 29, 2020 Filing 39 NOTICE re: Telephone Conference set for 10/1/2020 at 2:10 PM before Chief Judge F. Dennis Saylor IV. (This notice is a reminder, and identical to Docket Entry. No. 58, posted for the benefit of the newly added related matters.)This hearing shall take place remotely, by telephone only. Please use the following dial-in information: DIAL IN: (888) 675-2535 ACCESS CODE: 7629998 REMINDER: Counsel and participants who are not addressing the Court, please mute your telephones, so that you may hear the proceeding but other participants will not hear background noise or interference. Please do not put your telephone on hold.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. Associated Cases: 1:15-cv-13111-FDS et al.(Bono, Christine)
September 29, 2020 Filing 38 ELECTRONIC NOTICE of Case Reassignment. Chief Judge F. Dennis Saylor, IV assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Danieli, Chris)
September 28, 2020 Filing 37 Judge Richard G. Stearns: ELECTRONIC ORDER entered. Having determined that this case is related as defined by Local Rule 40.1(g) to litigation pending before Chief Judge Saylor - 15-13111-FDS, the Clerk will reassign this case to him. (Zierk, Marsha)
September 9, 2020 Filing 36 Judge Richard G. Stearns: ELECTRONIC ORDER entered. Having permitted the parties 90 days to engage in settlement negotiations in this personal injury/products liability case, the court enters the following pretrial schedule to commence on December 10, 2020.Initial disclosures required by Fed. R. Civ. P. 26(a)(1) must be completed by 12/30/20. All amendments to the pleadings and/or joinder of additional parties shall be completed by 1/11/21. The court will permit 30 interrogatories, 30 requests for admissions and 30 document requests without leave of court and expects those requests to be filed within 30 days of the initial disclosures. If the parties would like to participate in the court's mediation program, they must notify our docket clerk Arnold Pacho (617-748-9812) by 4/23/21 (it may take several weeks to get a mediation date). All fact discovery must be completed no later than 6/11/21. Plaintiff shall designate his expert(s) and serve Rule 26(a)(2) reports no later than 7/12/21; defendant's expert witness(es), will be designated and Rule 26(a)(2) reports filed no later than 8/6/21. Expert discovery must be completed by 9/3/21.Dispositive Motions are due by 9/27/21, with Oppositions due 10/18/21; Reply, if any, by leave of court. (Zierk, Marsha)
September 9, 2020 Filing 35 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #34 Motion to Stay until December 9, 2020. (Zierk, Marsha)
September 9, 2020 Filing 34 Joint MOTION to Stay Discovery and All Pretrial Deadlines by Bard Peripheral Vascular, Inc., C R Bard Inc. (Attachments: #1 Exhibit A-Proposed Order)(Brown, Matthew)
September 9, 2020 Filing 33 STIPULATION of Dismissal of Claims Against McKesson Corporation Without Prejudice by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Brown, Matthew)
August 27, 2020 Filing 32 NOTICE of Appearance by Jennifer Gail Roma on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Roma, Jennifer)
August 27, 2020 Filing 31 NOTICE of Appearance by Matthew E. Brown on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Brown, Matthew)
August 25, 2020 Filing 30 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Danieli, Chris)
August 25, 2020 Filing 29 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02484.
August 20, 2020 Opinion or Order Filing 28 MEMORANDUM OPINION AND ORDER grants #24 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 James Duffy's case be severed and transferred to the Wilkes Barre Division of the Middle District of Pennsylvania (Civil case 3:20-cv-2482 opened); b. Plaintiff Dewey Durden's case be severed and transferred to the Huntsville Division of the Middle District of Alabama (Civil case 3:20-cv-2483 opened); c. Plaintiff John DeVal's case be severed and transferred to the Boston Division of the District of Massachusetts (Civil case 3:20-2484 opened); d. Plaintiff Vincent Fazio's case be severed and transferred to the Pittsburgh Division of the Western District of Pennsylvania (Civil case 3:20-cv-2485; e. Plaintiff Deborah Hoyopatubbi's case be severed and transferred to the San Jose Division of the Northern District of California (Civil case 3:20-cv-2486 opened); f. Plaintiff Wesley Marner's case be severed and transferred to the Montgomery Division of the Middle District of Alabama (Civil case 3:20-CV-2487; g. Plaintiff Christopher Richardson's case be severed and transferred to the Memphis Division of the Western District of Tennessee (Civil case 3:20-cv-2488 opened); and h. Plaintiff Tito Vasquez's case be severed and transferred to the Santa Ana Division of the Central District of California (Civil case 3:20-cv-2489 opened). Plaintiff Richard Guidry 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 8/20/2020) (jmg)
August 19, 2020 Opinion or Order Filing 27 ORDER: Pursuant to the parties' agreement, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Jose Solis's claims against Defendants. The parties shall bear their own costs. Party Jose Solis terminated. (Ordered by Judge Karen Gren Scholer on 8/19/2020) (axm)
August 14, 2020 Filing 26 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #24 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa)
August 12, 2020 Filing 25 Brief/Memorandum in Support filed by James Duffy, Dewey Durden, John Duval, Vincent Fazio, Richard Guidry, Deborah Hoyopatubbi, Wesley Marner, Christopher Richardson, Jose Solis, Tito Vasquez re #24 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven)
August 12, 2020 Filing 24 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by James Duffy, Dewey Durden, John Duval, Vincent Fazio, Richard Guidry, Deborah Hoyopatubbi, Wesley Marner, Christopher Richardson, Jose Solis, Tito Vasquez (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven)
July 30, 2020 Filing 23 Appendix in Support filed by James Duffy, Dewey Durden, John Duval, Vincent Fazio, Richard Guidry, Deborah Hoyopatubbi, Wesley Marner, Christopher Richardson, Jose Solis, Tito Vasquez re #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven)
July 30, 2020 Filing 22 Brief/Memorandum in Support filed by James Duffy, Dewey Durden, John Duval, Vincent Fazio, Richard Guidry, Deborah Hoyopatubbi, Wesley Marner, Christopher Richardson, Jose Solis, Tito Vasquez re #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven)
July 30, 2020 Filing 21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by James Duffy, Dewey Durden, John Duval, Vincent Fazio, Richard Guidry, Deborah Hoyopatubbi, Wesley Marner, Christopher Richardson, Jose Solis, Tito Vasquez (Schulte, Steven)
July 30, 2020 Filing 20 RESPONSE filed by James Duffy, Dewey Durden, John Duval, Vincent Fazio, Richard Guidry, Deborah Hoyopatubbi, Wesley Marner, Christopher Richardson, Jose Solis, Tito Vasquez re: #3 MOTION to Dismiss for Lack of Jurisdiction , #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Schulte, Steven)
July 21, 2020 Filing 19 NOTICE of Filling Completed Forms For Each Plaintiff filed by James Duffy, Dewey Durden, John Duval, Vincent Fazio, Richard Guidry, Deborah Hoyopatubbi, Wesley Marner, Christopher Richardson, Jose Solis, Tito Vasquez (Attachments: #1 Affidavit(s)) (Schulte, Steven)
July 21, 2020 Filing 18 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)
July 16, 2020 Opinion or Order Filing 17 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)
July 1, 2020 Opinion or Order Filing 16 ELECTRONIC ORDER: The Court grants the parties' Agreed Motion for Extension of Time. (Ordered by Judge Karen Gren Scholer on 7/1/2020) (ctf)
June 29, 2020 Filing 15 MOTION for Extension of Time to File Response/Reply to #3 MOTION to Dismiss for Lack of Jurisdiction , #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by James Duffy, Dewey Durden, John Duval, Vincent Fazio, Richard Guidry, Deborah Hoyopatubbi, Wesley Marner, Christopher Richardson, Jose Solis, Tito Vasquez (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven)
June 16, 2020 Filing 14 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 14 replaced to flatten image on 6/16/2020) (dsr).
June 16, 2020 Filing 13 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa)
June 16, 2020 Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa)
June 16, 2020 Filing 11 Brief/Memorandum in Support filed by McKesson Corporation re #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa)
June 16, 2020 Filing 10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa)
June 12, 2020 Opinion or Order Filing 9 ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge Jane J. Boyle no longer assigned to case. (Ordered by Judge Jane J. Boyle on 6/12/2020) (svc)
June 10, 2020 Filing 8 AMENDED DOCUMENT by Bard Peripheral Vascular Inc. Amendment to #6 Cert. Of Interested Persons/Disclosure Statement. . (Matthews, Melissa) (Main Document 8 replaced with flattened document on 6/11/2020) (awc).
June 10, 2020 Filing 7 AMENDED DOCUMENT by C R Bard Inc. Amendment to #5 Cert. Of Interested Persons/Disclosure Statement. . (Matthews, Melissa) (Main Document 7 replaced with flattened document on 6/11/2020) (awc).
June 10, 2020 Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) (Main Document 6 replaced with flattened document on 6/11/2020) (awc).
June 10, 2020 Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Matthews, Melissa) (Main Document 5 replaced with flattened document on 6/11/2020) (awc).
June 9, 2020 Filing 4 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, C R Bard Inc, Does 1 through 100 Inclusive, McKesson Corporation re #3 MOTION to Dismiss for Lack of Jurisdiction (Matthews, Melissa)
June 9, 2020 Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc, Does 1 through 100 Inclusive, McKesson Corporation (Matthews, Melissa)
June 9, 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (hml)
June 9, 2020 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Does 1 through 100 Inclusive, C. R. Bard, Inc., McKesson Corporation, Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10899477) 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 - Plaintiff's 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 to Bard Peripheral Vascular, Ing., #12 Exhibit(s) D-6 - Citation Issued to C.R. Bard, #13 Exhibit(s) D-7 - Citation Issued to McKesson Corp, #14 Exhibit(s) D-8 - Affidavit of Service - McKesson, #15 Exhibit(s) D-9 - Return of Service - C.R. Bard, #16 Exhibit(s) D-10 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa)

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Search for this case: DuVal v. C R Bard Inc et al
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Plaintiff: John Duval
Represented By: Darren McDowell
Represented By: Eric Martin Przybysz
Represented By: Steven Scott Schulte
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Defendant: Does 1 Through 100 Inclusive
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Defendant: McKesson Corporation
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: Jennifer Gail Roma
Represented By: Matthew E. Brown
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Defendant: C R Bard Inc
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: Jennifer Gail Roma
Represented By: Matthew E. Brown
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Defendant: Bard Peripheral Vascular, Inc.
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: Jennifer Gail Roma
Represented By: Matthew E. Brown
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