Donnell v. C R Bard Inc et al
| Eileena Donnell |
| Does 1 Through 100 Inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular, Inc. |
| 1:2020cv11606 |
| August 27, 2020 |
| US District Court for the District of Massachusetts |
| F Dennis Saylor |
| Richard G Stearns |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 21, 2020. A more recent docket listing may be available from PACER.
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| Filing 43 Chief Judge F. Dennis Saylor, IV: ORDER entered. SCHEDULING ORDER (Wave 5). See Order for Full Text. (Bono, Christine) |
| Filing 42 Recommendations for Scheduling Order -Joint Motion to Adopt the Deadlines in the "Wave 5" Scheduling Order-. (Attachments: #1 Proposed Order)(Brown, Matthew) |
| Filing 41 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) |
| Filing 40 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) |
| Filing 39 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) |
| Filing 38 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) |
| Filing 37 ELECTRONIC NOTICE of Reassignment. Chief Judge F. Dennis Saylor, IV added. Judge Richard G. Stearns no longer assigned to case. (Danieli, Chris) |
| Filing 36 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) |
| Filing 35 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 her expert(s) and serve Rule 26(a)(2) reports no later than 7/12/21; defendan's expert witness(es), if any, 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) |
| Filing 34 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #32 Motion to Stay until December 9, 2020. (Zierk, Marsha) |
| Filing 33 Judge Richard G. Stearns: ELECTRONIC ORDER entered finding as moot #3 Motion to Dismiss for Lack of Jurisdiction in light of the Texas court's transfer; finding as moot #7 Motion to Dismiss in light of McKesson's dismissal. (Zierk, Marsha) |
| Filing 32 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) |
| Filing 31 STIPULATION of Dismissal of Claims Against McKesson Corporation Without Prejudice by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Brown, Matthew) |
| Filing 30 NOTICE by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation re 27 Order,,,, Regarding Assignment to the District of Massachusetts (Brown, Matthew) |
| Filing 29 NOTICE of Appearance by Jennifer Gail Roma on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Roma, Jennifer) |
| Filing 28 NOTICE of Appearance by Matthew E. Brown on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Brown, Matthew) |
| Filing 27 Judge Richard G. Stearns: ELECTRONIC ORDER entered. In order to avoid protracted litigation over jurisdiction and venue, the non-Texas plaintiffs in this action, subject to defendant Bard Peripheral Vascular, Inc.'s motion, asked the court to "transfer their claims to a District Court in the State of implantation, and where applicable the District and Division within that State corresponding to the Plaintiffs' residence." Pl.s' Mem. at 3 [Dkt #20]. Acknowledging that plaintiff Eileena Donnell resides in Rochester, New Hampshire, and received at least some of her medical treatment in Bedford, New Hampshire (plaintiff represents that is where her implant occurred), it appears that the court severed and mistakenly transferred her case to Boston, Massachusetts, rather than the federal court in Concord, New Hampshire, where it appears that jurisdiction would lie. Within seven days, by September 8, 2020, the court asks the parties to inform the court whether or not this case has been assigned in error to this session. (Zierk, Marsha) |
| Filing 26 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 Jennifer C. Boal. (Danieli, Chris) |
| Filing 25 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02422. |
Filing 24
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 Eileena Donnell's case be severed and transferred to the Boston Division of the District of Massachusetts (Civil case 3:20-cv-2422 opened); b. Plaintiff Michael Hanson's case be severed and transferred to the Tacoma Division of the Western District of Washington (Civil case 3:20-cv-2423 opened); c. Plaintiff Shirley Holmes's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2424 opened); d. Plaintiff Katherine Howell's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2425 opened); e. Plaintiff Margaret Palmiter's case be severed and transferred to the Kalamazoo Division of the Western District of Michigan (Civil case 3:20-cv-2426 opened); f. Plaintiff Craig Robinson's case be severed and transferred to the Fayetteville Division of the Western District of Arkansas (Civil case 3:20-cv-2428 opened); g. Plaintiff Velvet Ronquillo's case be severed and transferred to the Muskogee Division of the Eastern District of Oklahoma (Civil case 3:20-cv-2429 opened); and h. Plaintiff Tracy Turner's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (Civil case 3:20-cv-2430 opened). Plaintiff Linda Miller 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 8/20/2020) (jmg)
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Filing 23
ORDER: Pursuant to the parties' agreement, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Robyn Kennedy's claims against Defendants. The parties shall bear their ovm costs. Party Robyn Kennedy terminated. (Ordered by Judge Karen Gren Scholer on 8/19/2020) (axm)
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| Filing 22 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) |
| Filing 21 Appendix in Support filed by Eileena Donnell, Michael Hanson, Shirley Holmes, Katherine Howell, Robyn Kennedy, Linda Miller, Margaret Palmiter, Craig Robinson, Velvet Ronquillo, Tracy Turner re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) |
| Filing 20 Brief/Memorandum in Support filed by Eileena Donnell, Michael Hanson, Shirley Holmes, Katherine Howell, Robyn Kennedy, Linda Miller, Margaret Palmiter, Craig Robinson, Velvet Ronquillo, Tracy Turner re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) |
| Filing 19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Eileena Donnell, Michael Hanson, Shirley Holmes, Katherine Howell, Robyn Kennedy, Linda Miller, Margaret Palmiter, Craig Robinson, Velvet Ronquillo, Tracy Turner (Schulte, Steven) |
| Filing 18 RESPONSE filed by Eileena Donnell, Michael Hanson, Shirley Holmes, Katherine Howell, Robyn Kennedy, Linda Miller, Margaret Palmiter, Craig Robinson, Velvet Ronquillo, Tracy Turner re: #3 MOTION to Dismiss for Lack of Jurisdiction , #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Schulte, Steven) |
| 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) |
| Filing 16 NOTICE of Filing Completed Forms For Each Plaintiff filed by Eileena Donnell, Michael Hanson, Shirley Holmes, Katherine Howell, Robyn Kennedy, Linda Miller, Margaret Palmiter, Craig Robinson, Velvet Ronquillo, Tracy Turner (Attachments: #1 Exhibit(s)) (Schulte, Steven) |
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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)
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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 #3 MOTION to Dismiss for Lack of Jurisdiction , #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by Eileena Donnell, Michael Hanson, Shirley Holmes, Katherine Howell, Robyn Kennedy, Linda Miller, Margaret Palmiter, Craig Robinson, Velvet Ronquillo, Tracy Turner (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
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Filing 12
ORDER REASSIGNING CASE. The above-numbered case is hereby transferred to the docket of the Honorable Judge Karen Gren Scholer and shall henceforth carry the suffix letter "S." Judge Ada Brown no longer assigned to case. (Ordered by Judge Ada Brown on 6/24/2020) (ykp)
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| Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 11 replaced with the document flattened on 6/17/2020) (pnp). |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) |
| Filing 9 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) |
| Filing 8 Brief/Memorandum in Support filed by McKesson Corporation re #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) |
| Filing 7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) |
| 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). |
| 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). |
| 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 (Matthews, Melissa) |
| Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) |
| 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (oyh) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10900626) 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 - Citation Issued to Bard Peripheral Vascular, Inc., #11 Exhibit(s) D-5 - Citation Issued to C.R. Bard, Inc., #12 Exhibit(s) D-6 - Citation Issued to McKesson, #13 Exhibit(s) D-7 - Jury Demand, #14 Exhibit(s) D-8 - Dismissal Hearing Notice, #15 Exhibit(s) D-9 - Affidavit of Service - McKesson, #16 Exhibit(s) D-10 - Return of Service - C.R. Bard, #17 Exhibit(s) D-11 - Return of Service - Bard Peripheral) (Matthews, Melissa) |
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