Gordon v. C R Bard Inc et al
| Dennis Gordon |
| McKesson Corporation, C R Bard Inc, Bard Peripheral Vascular Incorporated and Does 1 Through 100 Inclusive |
| 1:2020cv11607 |
| August 27, 2020 |
| US District Court for the District of Massachusetts |
| Denise J Casper |
| F Dennis Saylor |
| 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 40 Chief Judge F. Dennis Saylor, IV: ORDER entered. SCHEDULING ORDER (Wave 5). See Order for Full Text.(Bono, Christine) |
| Filing 39 Recommendations for Scheduling Order -Joint Motion to Adopt the Deadlines in the "Wave 5" Scheduling Order-. (Attachments: #1 Proposed Order)(Brown, Matthew) |
| Filing 38 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 37 NOTICE by Bard Peripheral Vascular Incorporated, C R Bard Inc re Withdrawal of Appearances for Melissa Dorman Matthews and Jordan E. Jarreau of Hartline Barger LLP (Brown, Matthew) |
| Filing 36 ELECTRONIC NOTICE Canceling 10/13/2020 Scheduling Conference. (Bono, Christine) |
| Filing 35 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 34 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 33 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) |
| Filing 32 Judge Denise J. Casper: ELECTRONIC ORDER entered. ORDER directing the Clerk to reassign the case in accordance to L.R. 40.1(g) determining that this case is related to litigation pending before Chief Judge Saylor - 15-13111-FDS.(Currie, Haley) |
| Filing 31 Joint MOTION to Stay Discovery and All Pretrial Deadlines by Bard Peripheral Vascular Incorporated, C R Bard Inc. (Attachments: #1 Exhibit A-Proposed Order)(Brown, Matthew) |
| Filing 30 STIPULATION of Dismissal of Claims Against McKesson Corporation Without Prejudice by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. (Brown, Matthew) |
| Filing 29 NOTICE of Appearance by Jennifer Gail Roma on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Roma, Jennifer) |
| Filing 28 NOTICE of Appearance by Matthew E. Brown on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Brown, Matthew) |
| Filing 27 In light of the transfer of the matter to this district, the Court sets an initial scheduling conference for the remaining parties in this case for 10/13/20 at 2:45PM. Such scheduling statement shall include a deadline for filing an answer for any Defendant who has not yet answered the complaint. Such statement shall also address whether Defendant McKesson Corp. remains a defendant in this case. The Court is aware of McKesson's motion to dismiss for lack of subject matter jurisdiction, D. 8. The Court understands that Plaintiffs did not oppose that motion to dismiss, D. 20 at 3, but since that motion still remains pending after the transfer here, the parties shall confirm their position regarding this matter in the joint scheduling statement. Scheduling Conference set for 10/13/2020 02:45 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) |
| Filing 26 Judge Denise J. Casper: ELECTRONIC ORDER entered re: D. #3 : In light of the motion of the allowance of Plaintiffs' motion to sever and transfer of Plaintiff Dennis Gordon's case to this district, D. 19, 22, Defendant Bard's motion to dismiss based on lack of personal jurisdiction, D. 3, is DENIED as moot. (Currie, Haley) |
| Filing 25 ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper 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 M. Page Kelley. (Danieli, Chris) |
| Filing 24 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02353. |
Filing 23
MEMORANDUM OPINION AND ORDER granting #19 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 Terry Alderman's case be severed and transferred to the Winston Salem Division of the Middle District of North Carolina (Civil case 3:20-cv-2351-S opened); b. Plaintiff Paula Best's case be severed and transferred to the Panama City Division of the Northern District of Florida (Civil case 3:20-cv-2352-S opened); c. Plaintiff Dennis Gordon's case be severed and transferred to the Boston Division of the District of Massachusetts (Civil case 3:20-cv-2353-S opened); d. Plaintiff Paul Hassell's case be severed and transferred to the St. Louis Division of the Eastern District of Missouri (Civil case 3:20-cv-2354-S opened); e. Plaintiff Jennie Hill's case be severed and transferred to the Durham Division of the Middle District of North Carolina (Civil case 3:20-cv-2355-S opened); f. Plaintiff Melinda Karper's case be severed and transferred to the Harrisburg Division of the Middle District of Pennsylvania (Civil case 3:20-cv-2356-S opened); g. Plaintiff Lorenzo McCaskill's case be severed and transferred to the Greenbelt Division of the District of Maryland (Civil case 3:20-cv-2357-S opened); h. Plaintiff James Shelvin's case be severed and transferred to the New York Division of the Southern District of New York (Civil case 3:20-cv-2358-S opened); i. Plaintiff Steven Templeton's case be severed and transferred to the Topeka Division of the District of Kansas (Civil case 3:20-cv-2361-S opened). Plaintiff Valerie Lopez 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 8/19/2020) (axm)
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| Filing 22 RESPONSE filed by Bard Peripheral Vascular Incorporated, 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 Terry Alderman, Paula Best, Dennis Gordon, Paul Hassell, Jennie Hill, Melinda Karper, Valerie Lopez, Lorenzo McCaskill, James Shevlin, Steven Templeton 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 Terry Alderman, Paula Best, Dennis Gordon, Paul Hassell, Jennie Hill, Melinda Karper, Valerie Lopez, Lorenzo McCaskill, James Shevlin, Steven Templeton 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 Terry Alderman, Paula Best, Dennis Gordon, Paul Hassell, Jennie Hill, Melinda Karper, Valerie Lopez, Lorenzo McCaskill, James Shevlin, Steven Templeton (Schulte, Steven) |
| Filing 18 RESPONSE filed by Terry Alderman, Paula Best, Dennis Gordon, Paul Hassell, Jennie Hill, Melinda Karper, Valerie Lopez, Lorenzo McCaskill, James Shevlin, Steven Templeton re: #3 MOTION to Dismiss for Lack of Jurisdiction , #8 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) |
| Filing 17 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) |
| Filing 16 NOTICE of Filing Completed Forms For Each Plaintiff filed by Terry Alderman, Paula Best, Dennis Gordon, Paul Hassell, Jennie Hill, Melinda Karper, Valerie Lopez, Lorenzo McCaskill, James Shevlin, Steven Templeton (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 , #8 MOTION to Dismiss for Lack of Jurisdiction filed by Terry Alderman, Paula Best, Dennis Gordon, Paul Hassell, Jennie Hill, Melinda Karper, Valerie Lopez, Lorenzo McCaskill, James Shevlin, Steven Templeton (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. (Jarreau, Jordan) |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) |
| Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) |
| Filing 8 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) |
| Filing 7 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc identifying Corporate Parent/Other Affiliate Becton, Dickinson and Company for C R Bard Inc. (Jarreau, Jordan) Modified corporate parent on 6/11/2020 (mla). |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) |
| 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 (Jarreau, Jordan) |
| Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) |
| 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) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10901357) 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 - 2020-06-04 State Court Docket, #8 Exhibit(s) D-2 - 2020-04-06 Plaintiffs' 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 Vascular, Inc., #12 Exhibit(s) D-6 - 2020-04-06 Citiation Issued - C. R. Bard, Inc., #13 Exhibit(s) D-7 - 2020-04-06 Citation Issued - McKesson, #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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