Yohn v. C R Bard Inc et al
| Richard Yohn |
| Does 1 Through 100 Inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular, Inc. |
| 1:2020cv11677 |
| September 10, 2020 |
| US District Court for the District of Massachusetts |
| Allison D Burroughs |
| F Dennis Saylor |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 21, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| 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 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 36 Judge Allison D. Burroughs: 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.(McDonagh, Christina) |
| Filing 35 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Defendant McKesson's motion to dismiss, [ECF No. #8 ], is DENIED as moot in light of the parties' stipulation of dismissal as to McKesson, [ECF No. #31 ]. In light of the ongoing settlement discussions, Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc.'s motion to dismiss for lack of personal jurisdiction, [ECF No. #2 ], is DENIED with leave to renew should the case not settle. (McDonagh, Christina) |
| Filing 34 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #32 Motion to Stay Discovery and All Pretrial Deadlines. Parties shall file a status report by 12/18/20. (Folan, Karen) |
| Filing 33 NOTICE of Appearance by Jennifer Gail Roma on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Roma, Jennifer) |
| 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 of Appearance by Matthew E. Brown on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Brown, Matthew) |
| Filing 29 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. In light of the recent transfer of this case to this district, [ECF No. #27 ], Defendants are to file a status report by September 18, 2020, notifying the Court whether they would like to withdraw their pending motions and refile them based on the law of this district or file an answer.(McDonagh, Christina) |
| Filing 28 ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs 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 Marianne B. Bowler. (Danieli, Chris) |
| Filing 27 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02721. |
Filing 26
Memorandum Opinion and Order Grants #20 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 Arrowood's case be severed and transferred to the San Antonio Division of the Western District of Texas (3:20-cv-2708 case opened); b. Plaintiff Morgan Blevins's case be severed and transferred to the Chattanooga Division of the Eastern District of Tennessee (3:20-cv-2709 case opened); c. Plaintiff Jerry Comer's case be severed and transferred to the Eastern Division of the Western District of Tennessee (3:20-cv-2710 case opened); d. Plaintiff Michael Curry's case be severed and transferred to the Philadelphia Division of the Eastern District of Pennsylvania (3:20-cv-2711 case opened); e. Plaintiff Charlotte Dorsey's case be severed and transferred to the Northern Division of the District of Maryland (3:20-cv-2712 case opened); f. Plaintiff LaVerne Hazley's case be severed and transferred to the Alexandria Division of the Eastern District of Virginia (3:20-cv-2713 case opened); g. Plaintiff Gina Hill's case be severed and transferred to the Northern Division of the Middle District of Alabama (3:20-cv-2714 case opened); h. Plaintiff Steve Hoffman's case be severed and transferred to the Florence Division of the District of South Carolina (3:20-cv-2715 case opend); i. Plaintiff Kanitha Jones's case be severed and transferred to the Western Division of the Western District of Tennessee (3:20-cv-2716 case opened); j. Plaintiff Paulette Leaphart's case be severed and transferred to the Newport News Division of the Eastern District of Virginia (3:20-cv-2717 case opened); k. Plaintiff Gertha McKenna's case be severed and transferred to the Pittsburgh Division of the Western District of Pennsylvania (3:20-cv-2718 case opened); l. Plaintiff Prince Scott Williams's case be severed and transferred to the Tampa Division of the Middle District of Florida (3:20-cv-2719 case opened); m. Plaintiff Verrell Wyman's case be severed and transferred to the Tampa Division of the Middle District of Florida (3:20-cv-2720 case opened); n. Plaintiff Richard Yohn's case be severed and transferred to the Boston Division of the District of Massachusetts (3:20-cv-2721 case opened); o. Plaintiff Nathan Young's case be severed and transferred to the Chicago Division of the Northern District of Illinois (3:20-cv-2722); p. Plaintiff Karon Zulewski's case be severed and transferred to the Southern Division of the Eastern District of Michigan (3:20-cv-2723 case opened); q. Plaintiff Scott Zuzek's case be severed and transferred to the Wilkes Barre Division of the Middle District of Pennsylvania (3:20-cv-2724 case opened). Plaintiff Danny Wheeler 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 8/31/2020) (mjr)
|
| Filing 25 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #24 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) |
| Filing 24 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Paulette Leaphart (Schulte, Steven) |
| Filing 23 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) |
| Filing 22 Appendix in Support filed by James Arrowood, Morgan Blevins, Jerry Comer, Michael Curry, Charlotte Dorsey, Laverne Hazley, Gina Hill, Steven Hoffman, Kanitha Jones, Paulette Leaphart, Gertha McKenna, Danny Wheeler, Scott Wilson, Verrell Wyman, Richard Yohn, Nathan Young, Karon Zulewski, Scott Zuzek re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) |
| Filing 21 Brief/Memorandum in Support filed by James Arrowood, Morgan Blevins, Jerry Comer, Michael Curry, Charlotte Dorsey, Laverne Hazley, Gina Hill, Steven Hoffman, Kanitha Jones, Paulette Leaphart, Gertha McKenna, Danny Wheeler, Scott Wilson, Verrell Wyman, Richard Yohn, Nathan Young, Karon Zulewski, Scott Zuzek re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) |
| Filing 20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by James Arrowood, Morgan Blevins, Jerry Comer, Michael Curry, Charlotte Dorsey, Laverne Hazley, Gina Hill, Steven Hoffman, Kanitha Jones, Paulette Leaphart, Gertha McKenna, Danny Wheeler, Scott Wilson, Verrell Wyman, Richard Yohn, Nathan Young, Karon Zulewski, Scott Zuzek (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
| Filing 19 RESPONSE filed by James Arrowood, Morgan Blevins, Jerry Comer, Michael Curry, Charlotte Dorsey, Laverne Hazley, Gina Hill, Steven Hoffman, Kanitha Jones, Paulette Leaphart, Gertha McKenna, Danny Wheeler, Scott Wilson, Verrell Wyman, Richard Yohn, Nathan Young, Karon Zulewski, Scott Zuzek re: #2 MOTION to Dismiss the Out-Of State Plaintiffs' Claims for Lack of Personal Jurisdiction, #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Schulte, Steven) |
| Filing 18 NOTICE of Filing Completed Forms for Each Plaintiff re: #16 Order, filed by James Arrowood, Morgan Blevins, Jerry Comer, Michael Curry, Charlotte Dorsey, Laverne Hazley, Gina Hill, Steven Hoffman, Kanitha Jones, Paulette Leaphart, Gertha McKenna, Danny Wheeler, Scott Wilson, Verrell Wyman, Richard Yohn, Nathan Young, Karon Zulewski, Scott Zuzek (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #16 Order, filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) |
|
Filing 16
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 before7/22/2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (oyh)
|
|
Filing 15
ORDER The Court grants the parties' Agreed Motion for Leave to Extend the Time for Plaintiff toFile Responses to Defendants' Motions to Dismiss and Defendants' Replies to Those Responses [ECF No. #13 ). Plaintiffs shall respond to Defendants' Motion to Dismiss by 8/27/2020. Defendants shall file their reply, if any, by 9/26/2020. (Ordered by Judge Karen Gren Scholer on 7/9/2020) (ndt)
|
| Filing 14 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 14 replaced with flattened document on 7/13/2020) (pnp). |
| Filing 13 MOTION for Extension of Time to File Response/Reply to #3 Brief/Memorandum in Support of Motion, #2 MOTION to Dismiss the Out-Of State Plaintiffs' Claims for Lack of Personal Jurisdiction, #9 Brief/Memorandum in Support of Motion, #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by James Arrowood, Morgan Blevins, Jerry Comer, Michael Curry, Charlotte Dorsey, Laverne Hazley, Gina Hill, Steven Hoffman, Kanitha Jones, Paulette Leaphart, Gertha McKenna, Danny Wheeler, Scott Wilson, Verrell Wyman, Richard Yohn, Nathan Young, Karon Zulewski, Scott Zuzek (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
|
Filing 12
ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge Sam A. Lindsay no longer assigned to case. (Ordered by Judge Sam A. Lindsay on 7/8/2020) (svc)
|
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) |
| 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 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) |
| Filing 8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) (Main Document 7 replaced with the flattened document on 7/6/2020) (pnp). |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Matthews, Melissa) (Main Document 6 replaced with flattened document on 7/6/2020) (pnp). |
| Filing 5 AMENDED DOCUMENT by C R Bard Inc, Bard Peripheral Vascular Inc. Amendment to #1 Notice of Removal,,,,,,,. . (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- 8-30-2016 Romney, Kim Deposition, #6 Exhibit(s) D - Index of State Court Documents, #7 Exhibit(s) D-1 - State Court Docket, #8 Exhibit(s) D-2 - P's Original Petition & Jury Demand, #9 Exhibit(s) D-3 - Civil Case Info Sheet, #10 Exhibit(s) D-4 - Citation Issued to Bard Peripheral Vaascular, Inc., #11 Exhibit(s) D-5 - Citation Issued to C. R. Bard, Inc., #12 Exhibit(s) D-6 - Citation Issued to McKesson Corporation, #13 Exhibit(s) D-7 - Notice of Dismissal Hearing, #14 Exhibit(s) D-8 - Return of Service - C. R. Bard, Inc., #15 Exhibit(s) D-9 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) (Attachment 1 & 2 replaced with the flattened document on 7/6/2020) (pnp). |
| 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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (oyh) |
| 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 (Matthews, Melissa) |
| 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 (Matthews, Melissa) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10961311) 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 - 8-30-2016 Romney, Kim Deposition, #6 Exhibit(s) D - Index of State Court Documents, #7 Exhibit(s) D-1 - State Court Docket, #8 Exhibit(s) D-2 - P's Original Petition and Jury Demand, #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 Corporation, #13 Exhibit(s) D-7 - Notice of Dismissal Hearing, #14 Exhibit(s) D-8 - Return of Service - C. R. Bard, Inc., #15 Exhibit(s) D-9 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Massachusetts District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
