Novia v. C R Bard Inc et al
| Richard Novia |
| Bard Peripheral Vascular Incorporated, McKesson Corporation, C R Bard Inc and Does 1 Through 100 Inclusive |
| 4:2020cv40107 |
| August 25, 2020 |
| US District Court for the District of Massachusetts |
| Timothy S Hillman |
| 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 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 Incorporated, 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 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered. ORDER REASSIGNING CASE. Pursuant to L.R. 40.1 the Clerk shall reassign this case to Chief Judge Saylor. (Castles, Martin) |
| Filing 35 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #34 Motion to Stay. All deadlines are continued for 90 days from the date of this Order. (Castles, Martin) |
| Filing 34 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 33 STIPULATION of Dismissal of Claims Against McKesson Corporation Without Prejudice by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. (Brown, Matthew) |
| Filing 32 NOTICE of Appearance by Jennifer Gail Roma on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Roma, Jennifer) |
| Filing 31 NOTICE of Appearance by Matthew E. Brown on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Brown, Matthew) |
| Filing 30 ELECTRONIC NOTICE of Case Assignment. District Judge Timothy S. Hillman 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 David H. Hennessy. (Danieli, Chris) |
| Filing 29 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02461. |
Filing 28
MEMORANDUM OPINION AND ORDER grants #23 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 Michelle Guptil's case be severed and transferred to the Minneapolis Division of the District of Minnesota (Civil case 3:20-cv-2458 opened); b. Plaintiff Allen Harrison's case be severed and transferred to the Pittsburgh Division of the Western District of Pennsylvania (Civil case 3:20-cv-2459 opened); c. Plaintiff Larry Napier's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2460 opened); d. Plaintiff Richard Novia's case be severed and transferred to the Worcester Division of the District of Massachusetts (Civil case 3:20-cv-2461 opened); e. Plaintiff Sharon Sutherland's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (Civil case 3:20-cv-2462 opened); f. Plaintiff Craig Thompson's case be severed and transferred to the Milwaukee Division of the Eastern District of Wisconsin (Civil case 3:20-cv-2463 opened); g. Plaintiff John Vail's case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil case 3:20-cv-2464 opened). Plaintiff Frank Aguilera 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)
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Filing 27
Order: Pursuant to the parties' agreement, see ECF Nos. #23 , #25 , the Court DISMISSES WITHOUT PREJUDICE Plaintiff Melissa Reyes's claims against Defendants. The parties shall bear their own costs. All relief not expressly granted is DENIED. (Ordered by Judge Karen Gren Scholer on 8/19/2020) (ndt)
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Filing 26
Order: Pursuant to the parties' agreement, see ECF Nos. #23 , #25 , the Court DISMISSES WITHOUT PREJUDICE Plaintiff Jerry Derrick's claims against Defendants. The parties shall bear their own costs. All relief not expressly granted is DENIED. (Ordered by Judge Karen Gren Scholer on 8/19/2020) (ndt)
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| Filing 25 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #23 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) |
| Filing 24 Brief/Memorandum in Support filed by Frank Aguilera, Jerry Derrick, Michelle Guptil, Allen Harrison, Larry Napier, Richard Novia, Melissa Reyes, Sharon Sutherland, Craig Thompson, John Vail re #23 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) |
| Filing 23 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Frank Aguilera, Jerry Derrick, Michelle Guptil, Allen Harrison, Larry Napier, Richard Novia, Melissa Reyes, Sharon Sutherland, Craig Thompson, John Vail (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
| Filing 22 Appendix in Support filed by Frank Aguilera, Jerry Derrick, Michelle Guptil, Allen Harrison, Larry Napier, Richard Novia, Melissa Reyes, Sharon Sutherland, Craig Thompson, John Vail re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) |
| Filing 21 Brief/Memorandum in Support filed by Frank Aguilera, Jerry Derrick, Michelle Guptil, Allen Harrison, Larry Napier, Richard Novia, Melissa Reyes, Sharon Sutherland, Craig Thompson, John Vail 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 Frank Aguilera, Jerry Derrick, Michelle Guptil, Allen Harrison, Larry Napier, Richard Novia, Melissa Reyes, Sharon Sutherland, Craig Thompson, John Vail (Schulte, Steven) |
| Filing 19 RESPONSE filed by Frank Aguilera, Jerry Derrick, Michelle Guptil, Allen Harrison, Larry Napier, Richard Novia, Melissa Reyes, Sharon Sutherland, Craig Thompson, John Vail re: #9 MOTION to Dismiss for Lack of Jurisdiction , #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) |
| Filing 18 NOTICE of Filing Completed Forms For Each Plaintiff filed by Frank Aguilera, Jerry Derrick, Michelle Guptil, Allen Harrison, Larry Napier, Richard Novia, Melissa Reyes, Sharon Sutherland, Craig Thompson, John Vail (Attachments: #1 Exhibit(s)) (Schulte, Steven) |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Frank Aguilera, Jerry Derrick, Michelle Guptil, Allen Harrison, Larry Napier, Richard Novia, Melissa Reyes, Sharon Sutherland, Craig Thompson, John Vail (Attachments: #1 Exhibit(s)) (Schulte, Steven) |
| Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (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 7/22/2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (mla)
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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 Frank Aguilera, Jerry Derrick, Michelle Guptil, Allen Harrison, Larry Napier, Richard Novia, Melissa Reyes, Sharon Sutherland, Craig Thompson, John Vail (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: Civil action number 3:20-CV-1512-G is hereby transferred to the docket of the Honorable Karen Gren Scholer and shall henceforth carry the suffix letter "S". (Ordered by Senior Judge A. Joe Fish on 6/11/2020) (ctf)
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| 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 6/12/2020 (mla). |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) |
| 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 Horan). 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 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 0539-10904036) 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 - 2020-04-03 Original Petition, #9 Exhibit(s) D-3 - 2020-04-03 Civil Case Info. Sheet, #10 Exhibit(s) D-4 - 2020-04-03 Jury Demand, #11 Exhibit(s) D-5 - 2020-04-06 Citation Issued - C.R. Bard, #12 Exhibit(s) D-6 - 2020-04-06 Citation Issued - McKesson, #13 Exhibit(s) D-7 - 2020-04-06 Citation issued To Bard Peripheral Vascular, Inc., #14 Exhibit(s) D-8 - 2020-04-17 Status Conference Order, #15 Exhibit(s) D-9 - 2020-05-06 Affidavit of Service - McKesson, #16 Exhibit(s) D-10 - 2020-05-22 Return of Service - C.R. Bard, #17 Exhibit(s) D-11 - 2020-05-29 Status Conference Order, #18 Exhibit(s) D-12 - 2020-06-04 Return of Service - Bard Peripheral Vascular, Inc.) (Jarreau, Jordan) |
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