Diaz v. C R Bard Inc et al
| Jorge Diaz |
| C R Bard Inc, Bard Peripheral Vascular Incorporated, McKesson Corporation and Does 1 Through 100 Inclusive |
| 3:2020cv30139 |
| August 28, 2020 |
| US District Court for the District of Massachusetts |
| Mark G Mastroianni |
| 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 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 35 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 34 ELECTRONIC NOTICE of Case Reassignment. 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. (Daniel, Chris) |
| Filing 33 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered. ORDER REASSIGNING CASE Pursuant to Local Rule 40.1. Case reassigned to Chief Judge F. Dennis Saylor, IV for all further proceedings. Judge Mark G. Mastroianni no longer assigned to case(Healy, Bethaney) |
| Filing 32 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #31 Joint Motion to Stay Discovery and All Pretrial Deadlines. All discovery and pretrial deadlines are stayed. The clerk is directed to set an initial scheduling conference for sometime after December 9, 2020. (Lindsay, Maurice) |
| 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 ELECTRONIC NOTICE of Case Assignment. Judge Mark G. Mastroianni 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 Katherine A. Robertson. (Danieli, Chris) |
| Filing 26 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02563. |
Filing 25
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 Susan Bagwell's case be severed and transferred to the Oxford Division of the Northern District of Mississippi (Civil case 3:20-cv-2561 opened); b. Plaintiff Lisa Baker's case be severed and transferred to the Southern Division of the Northern District of Alabama (Civil case 3:20-cv-2562 opened); c. Plaintiff Jorge Diaz's case be severed and transferred to the Springfield Division of the District of Massachusetts (Civil case 3:20-cv-2563 opened); d. Plaintiff Terry Gosnell's case be severed and transferred to the Clarksburg Division of the Northern District of West Virginia (Civil case 3:20-cv-2564 opened); e. Plaintiff Kevin Guarino's case be severed and transferred to the Boston Division of the District of Massachusetts (Civil case 3:20-cv-2565 opened); f. Plaintiff Shanell Jackson's case be severed and transferred to the Houston Division of the Southern District of Texas (Civil case 3:20-cv-2566 opened); g. Plaintiff Michael Pitts's case be severed and transferred to the Newark Division of the District of New Jersey (Civil case 3:20-cv-2567 opened); and h. Plaintiff Ricky Stewart's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2568 opened). Plaintiff Kenneth Betcher 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 8/27/2020) (jmg)
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Filing 24
ORDER: The Cou1t DISMISSES WITHOUT PREJUDICE Plaintiff Robert D'Andrea's claims against Defendants. The parties shall bear their own costs. All Party Robert D'Andrea terminated. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (axm)
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| Filing 23 Supplemental RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: 19 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 22 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: 19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) |
| Filing 21 Appendix in Support filed by Susan Bagwell, Lisa Baker, Robert D'Andrea, Jorge Diaz, Terry Gosnell, Kevin Guarino, Shannell Jackson, Michael Pitts, Ricky Stewart re 19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) |
| Filing 20 Brief/Memorandum in Support filed by Susan Bagwell, Lisa Baker, Robert D'Andrea, Jorge Diaz, Terry Gosnell, Kevin Guarino, Shannell Jackson, Michael Pitts, Ricky Stewart re 19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) |
| Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division filed by Susan Bagwell, Lisa Baker, Robert D'Andrea, Jorge Diaz, Terry Gosnell, Kevin Guarino, Shannell Jackson, Michael Pitts, Ricky Stewart (Attachments: # 1 Proposed Order) (Schulte, Steven) |
| Filing 18 RESPONSE AND OBJECTION filed by Susan Bagwell, Lisa Baker, Kenneth Betcher, Robert D'Andrea, Jorge Diaz, Terry Gosnell, Kevin Guarino, Shannell Jackson, Michael Pitts, Ricky Stewart re: 2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Susan Bagwell, Lisa Baker, Kenneth Betcher, Robert D'Andrea, Jorge Diaz, Terry Gosnell, Kevin Guarino, Shannell Jackson, Michael Pitts, Ricky Stewart (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 9 MOTION to Dismiss for Lack of Jurisdiction , 2 MOTION to Dismiss for Lack of Jurisdiction filed by Susan Bagwell, Lisa Baker, Kenneth Betcher, Robert D'Andrea, Jorge Diaz, Terry Gosnell, Kevin Guarino, Shannell Jackson, Michael Pitts, Ricky Stewart (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
ELECTRONIC ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge Ed Kinkeade no longer assigned to case. (Ordered by Judge Ed Kinkeade on 6/12/2020) (chmb)
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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 Horan). Clerk to provide copy to plaintiff if not received electronically. (oyh) |
| 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 0539-10910903) 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 2020-04-07 Original Petition, # 9 Exhibit(s) D-3 2020-04-07 Civil Case Info. Sheet, # 10 Exhibit(s) D-4 2020-04-07 Jury Demand, # 11 Exhibit(s) D-5 2020-04-07 Citation Issued - Bard Periphreal, # 12 Exhibit(s) D-6 2020-04-07 Citation Issued - C.R. Bard, # 13 Exhibit(s) D-7 2020-04-07 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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