Holevinski v. C.R. Bard, Inc. et al
| Thomas Holevinski |
| McKesson Corporation, Does 1 through 100 Inclusive, C.R. Bard, Inc., Bard Peripheral Vascular, Inc. and Unknown Parties |
| 1:2020cv00795 |
| August 21, 2020 |
| US District Court for the Western District of Michigan |
| Southern Division (1) Office |
| Sally J Berens |
| Robert J Jonker |
| Ray Kent |
| Janet T Neff |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 24, 2020. A more recent docket listing may be available from PACER.
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| Filing 54 ATTORNEY ADMISSION LETTER - SECOND NOTICE sent to attorney Steven S. Schulte; attorney admission deadline set for 10/22/2020; (mkc) |
| Filing 53 ATTORNEY ADMISSION LETTER - SECOND NOTICE sent to attorney Darren McDowell; attorney admission deadline set for 10/22/2020; (mkc) |
| Filing 52 ATTORNEY ADMISSION LETTER - SECOND NOTICE sent to attorney Eric M. Przybysz; attorney admission deadline set for 10/22/2020; (mkc) |
Filing 51
ORDER granting #50 motion to stay for 90 days and cancelling Rule 16 Conference set for 9/29/2020 at 10:30 AM before Magistrate Judge Kent; signed by Magistrate Judge Ray Kent (fhw)
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| Copy of Order on Motion to Stay #51 sent via U.S. Mail to Eric Martin Przybysz, Darren McDowell, and Steven Scott Schulte (ns) |
| (NON-DOCUMENT) ORDER REFERRING JOINT MOTION to stay discovery and all pretrial deadlines #50 to Magistrate Judge Ray Kent under 28 U.S.C. 636(b)(1)(A) (Chief Judge Robert J. Jonker, sdb) |
| Filing 50 JOINT MOTION to stay discovery and all pretrial deadlines by defendants Bard Peripheral Vascular, Inc., C.R. Bard, Inc.; (Attachments: #1 Proposed Order) (Ghosh, Sanjay) |
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Filing 49
ORDER granting #42 motion to withdraw as attorney; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, sdb)
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Filing 48
ORDER granting #40 motion to withdraw as attorney; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, sdb)
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Filing 47
ORDER granting #41 motion to withdraw as attorney; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, sdb)
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Filing 46
ORDER granting #43 motion to dismiss; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, sdb)
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| Copy of Order on Motion to Dismiss #46 , Order on Motion to Withdraw as Attorney #48 , Order on Motion to Withdraw as Attorney #49 , Order on Motion to Withdraw as Attorney #47 sent via U.S. Mail to Eric Martin Przybysz, Darren McDowell, Steven Scott Schulte, Melissa Dorman Matthews, Jessica Junek, and Jordan E Jarreau (ns) |
| Filing 45 CORPORATE DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc., C.R. Bard, Inc. identifying Corporate Parent Becton Dickinson & Company, Corporate Parent C. R. Bard, Inc. for Bard Peripheral Vascular, Inc. (Ghosh, Sanjay) |
| Filing 44 CORPORATE DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc., C.R. Bard, Inc. identifying Corporate Parent Becton Dickinson & Company for C.R. Bard, Inc. (Ghosh, Sanjay) |
| Filing 43 JOINT MOTION to dismiss co-defendant McKesson Corporation pursuant to FRCP 21 by defendants Bard Peripheral Vascular, Inc., C.R. Bard, Inc.; (Attachments: #1 Proposed Order) (Ghosh, Sanjay) |
| Filing 42 MOTION to withdraw as attorney (Jessica Junek) by defendants Bard Peripheral Vascular, Inc., C.R. Bard, Inc.; (Ghosh, Sanjay) |
| Filing 41 MOTION to withdraw as attorney (Jordan E. Jarreau) by defendants Bard Peripheral Vascular, Inc., C.R. Bard, Inc.; (Ghosh, Sanjay) |
| Filing 40 MOTION to withdraw as attorney (Melissa Dorman Matthews) by defendants Bard Peripheral Vascular, Inc., C.R. Bard, Inc.; (Ghosh, Sanjay) |
| Copy of Order Setting Rule 16 Scheduling Conference by Telephone #39 sent via U.S. Mail to Eric Martin Przybysz, Darren McDowell, Steven Scott Schulte, Melissa Dorman Matthews, Jessica Junek, and Jordan E Jarreau (ns) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Sanjay Ghosh on behalf of defendants Bard Peripheral Vascular, Inc., C.R. Bard, Inc. (Ghosh, Sanjay) |
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Filing 39
ORDER setting Rule 16 scheduling conference by telephone: telephone Rule 16 scheduling conference set for 9/29/2020 at 10:30 AM before Magistrate Judge Ray Kent; status report due by 9/24/2020; signed by Magistrate Judge Ray Kent (fhw)
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| (NON-DOCUMENT) ATTORNEY APPEARANCE of John G. Mitchell on behalf of defendants Bard Peripheral Vascular, Inc., C.R. Bard, Inc. (Mitchell, John) |
| Copy of Administrative Order Reassigning Case #38 sent via U.S. Mail to Eric Martin Przybysz, Darren McDowell, Steven Scott Schulte, Melissa Dorman Matthews, Jessica Junek, and Jordan E Jarreau (clw) |
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Filing 38
ADMINISTRATIVE ORDER No. 20-CA-058 that this case is reassigned to Chief Judge Robert J. Jonker and Magistrate Judge Ray Kent for all further proceedings ; signed by Chief Judge Robert J. Jonker (clw)
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| Filing 37 ATTORNEY ADMISSION LETTER sent to attorney Jordan E. Jarreau; attorney admission deadline set for 9/23/2020; (ns) |
| Filing 36 ATTORNEY ADMISSION LETTER sent to attorney Jessica Junek; attorney admission deadline set for 9/23/2020; (ns) |
| Filing 35 ATTORNEY ADMISSION LETTER sent to attorney Melissa Dorman Matthews; attorney admission deadline set for 9/23/2020; (ns) |
| Filing 34 ATTORNEY ADMISSION LETTER sent to attorney Steven S. Schulte; attorney admission deadline set for 9/23/2020; (ns) |
| Filing 33 ATTORNEY ADMISSION LETTER sent to attorney Darren McDowell; attorney admission deadline set for 9/23/2020; (ns) |
| Filing 32 ATTORNEY ADMISSION LETTER sent to attorney Eric M. Przybysz; attorney admission deadline set for 9/23/2020; (ns) |
| Filing 31 NOTICE of receipt of case (ns) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Amanda Barield Fopma on behalf of defendants Bard Peripheral Vascular, Inc., C.R. Bard, Inc. (Fopma, Amanda) |
| Copy of Receipt of Case Notice #31 sent via U.S. Mail to attorneys Eric Martin Przybysz, Darren McDowell, Steven Scott Schulte, Melissa Dorman Matthews, Jessica Junek, and Jordan E Jarreau (ns) |
| Filing 30 Memorandum regarding potentially related case returned to Clerk from Magistrate Judge Kent indicating that this case is not related, but cognate pursuant to W.D. Mich. LCivR 3.3.2(c)(i) (ndj) |
| Filing 29 (DISREGARD) Memorandum regarding potentially related case returned to Clerk from Magistrate Judge Kent indicating that this case is not related, but cognate pursuant to W.D. Mich. LCivR 3.3.2(c)(i) (ndj) Modified text on 8/26/2020 (ndj). |
| Filing 28 CASE TRANSFERRED IN from Texas Northern, their case number 3:20-cv-02398; the documents listed above were electronically transferred to the Western District of Michigan (ndj) |
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Filing 27
MEMORANDUM OPINION AND ORDER granting #23 Unopposed 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 James Bruce's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case opened 3:20-cv-2396 opened); b. Plaintiff Teresa Collins's case be severed and transferred to the Little Rock Division of the Eastern District of Arkansas (Civil case 3:20-cv-2397 opened); c. Plaintiff Thomas Holvenski's case be severed and transferred to the Kalamazoo Division of the Western District of Michigan (Civil case 3:20-cv-2398 opened); d. Plaintiff Carl Kump's case be severed and transferred to the Central Islip Division of the Eastern District of New York (Civil case 3:20-cv-2399 opened); e. Plaintiff Tom Leonhart's case be severed and transferred to the Sacramento Division of the Eastern District of California (Civil case 3:20-cv-2400 opened); f. Plaintiff Victoria Lopez's case be severed and transferred to the Los Angeles Division of the Central District of California (Civil case 3:20-cv-2401 opened); g. Plaintiff Angela Moore's case be severed and transferred to the Northern District of Georgia (Civil case 3:20-cv-2402 opened); and h. Plaintiff Laura Tahan's case be severed and transferred to the Raleigh Division of the Eastern District of North Carolina (Civil case 3:20-cv-2403 opened). Plaintiff Lloyd Morris 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) [Transferred from Texas Northern on 8/21/2020.]
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Filing 26
Order: Pursuant to the parties' agreement, see ECF Nos. 23, 25, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Annette Frasier'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) (ykp) [Transferred from Texas Northern on 8/21/2020.]
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| Filing 25 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #23 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #20 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 24 Brief/Memorandum in Support filed by James Bruce, Teresa Collins, Annette Frasier, Thomas Holevinski, Carl Klumpp, Tom Leonhart, Victoria Lopez, Angela Moore, Lloyd Morris, Laura Tahan re #23 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 23 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by James Bruce, Teresa Collins, Annette Frasier, Thomas Holevinski, Carl Klumpp, Tom Leonhart, Victoria Lopez, Angela Moore, Lloyd Morris, Laura Tahan (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 22 Appendix in Support filed by James Bruce, Teresa Collins, Annette Frasier, Thomas Holevinski, Carl Klumpp, Tom Leonhart, Victoria Lopez, Angela Moore, Laura Tahan re #20 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 21 Brief/Memorandum in Support filed by James Bruce, Teresa Collins, Annette Frasier, Thomas Holevinski, Carl Klumpp, Tom Leonhart, Victoria Lopez, Angela Moore, Laura Tahan re #20 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 20 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by James Bruce, Teresa Collins, Annette Frasier, Thomas Holevinski, Carl Klumpp, Tom Leonhart, Victoria Lopez, Angela Moore, Lloyd Morris, Laura Tahan (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 19 RESPONSE AND OBJECTION filed by James Bruce, Teresa Collins, Annette Frasier, Thomas Holevinski, Carl Klumpp, Tom Leonhart, Victoria Lopez, Angela Moore, Lloyd Morris, Laura Tahan re: #3 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 18 NOTICE of Filing Completed Forms For Each Plaintiff filed by James Bruce, Teresa Collins, Annette Frasier, Thomas Holevinski, Carl Klumpp, Tom Leonhart, Victoria Lopez, Angela Moore, Lloyd Morris, Laura Tahan (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by James Bruce, Teresa Collins, Annette Frasier, Thomas Holevinski, Carl Klumpp, Tom Leonhart, Victoria Lopez, Angela Moore, Lloyd Morris, Laura Tahan (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 16 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) [Transferred from Texas Northern on 8/21/2020.] |
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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) [Transferred from Texas Northern on 8/21/2020.]
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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) [Transferred from Texas Northern on 8/21/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #3 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by James Bruce, Teresa Collins, Annette Frasier, Thomas Holevinski, Carl Klumpp, Tom Leonhart, Victoria Lopez, Angela Moore, Lloyd Morris, Laura Tahan (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 12 replaced with the document flattened on 6/18/2020) (pnp). [Transferred from Texas Northern on 8/21/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Junek, Jessica) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Junek, Jessica) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by McKesson Corporation Attorney Jessica Junek added to party McKesson Corporation(pty:dft) (Junek, Jessica) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 7 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) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Junek, Jessica) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Junek, Jessica) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 4 Brief/Memorandum in Support filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. re #3 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Junek, Jessica) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 3 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. (Junek, Jessica) [Transferred from Texas Northern on 8/21/2020.] |
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Filing 2
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) [Transferred from Texas Northern on 8/21/2020.]
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| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10912455) 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, #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 Bard Peripheral, #11 Exhibit(s) D-5 Citation Issued C. R. Bard, Inc., #12 Exhibit(s) D-6 Citation Issued McKesson, #13 Exhibit(s) D-7 Executed Affidavit of Service - McKesson, #14 Exhibit(s) D-8 Return of Service C.R. Bard Inc., #15 Exhibit(s) D-9 Return of Service Bard Peripheral) (Junek, Jessica) [Transferred from Texas Northern on 8/21/2020.] |
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