Palmiter v. C.R. Bard, Inc. et al
| Margaret Palmiter |
| Does 1 through 100 Inclusive, McKesson Corporation, C.R. Bard, Inc., Bard Peripheral Vascular, Inc. and Unknown Parties |
| 1:2020cv00796 |
| August 24, 2020 |
| US District Court for the Western District of Michigan |
| Robert J Jonker |
| Ray Kent |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 22, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 53 MOTION to withdraw as attorney Darren McDowell and Eric Przybysz by plaintiff Margaret Palmiter; (Attachments: #1 Proposed Order on Motion to Withdraw, #2 Exhibit Certificate of Good Standing from the Western District of Michigan for Attorney Steven Schulte) (Schulte, Steve) |
| Filing 52 ATTORNEY ADMISSION LETTER - SECOND NOTICE sent to attorney Steven S. Schulte; attorney admission deadline set for 10/22/2020; (mkc) |
| Filing 51 ATTORNEY ADMISSION LETTER - SECOND NOTICE sent to attorney Darren McDowell; attorney admission deadline set for 10/22/2020; (mkc) |
| Filing 50 ATTORNEY ADMISSION LETTER - SECOND NOTICE sent to attorney Eric M. Przybysz; attorney admission deadline set for 10/22/2020; (mkc) |
| Filing 49 RETURNED MAIL: Copy of Order on Motion to Withdraw as Attorney #39 , Order on Motion to Withdraw as Attorney #40 that was sent via U.S. Mail to attorney Darren McDowell returned to the Court marked 'Return to Sender; No Such Number; Unable to Forward'; no action taken as these documents were already re-mailed to new address on 9/15/20 (ems) |
| Copy of Order on Motion to Stay #48 sent via U.S. Mail to attorneys Eric Martin Przybysz, Darren McDowell, Steven Scott Schulte (ems) |
Filing 48
ORDER granting #47 motion to stay for 90 days and cancelling Rule 16 Scheduling Conference set for 9/29/2020 at 10:30 AM with Magistrate Judge Ray Kent ; signed by Magistrate Judge Ray Kent (fhw)
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| Certified Copy of Order on Motion to Dismiss #46 sent via U.S. Mail to attorneys Eric Martin Przybysz, Darren McDowell, Steven Scott Schulte (ems) |
| (NON-DOCUMENT) ORDER REFERRING JOINT MOTION to stay discovery and all pretrial deadlines #47 to Magistrate Judge Ray Kent under 28 U.S.C. 636(b)(1)(A) (Chief Judge Robert J. Jonker, sdb) |
| Filing 47 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 46
ORDER granting #42 motion to dismiss; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, sdb)
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| Filing 45 CORPORATE DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc. identifying Corporate Parent Becton Dickinson & Company, Corporate Parent C. R. Bard, Inc. for Bard Peripheral Vascular, Inc. (Ghosh, Sanjay) Modified text on 9/18/2020 (ems). |
| Filing 44 CORPORATE DISCLOSURE STATEMENT by C.R. Bard, Inc. identifying Corporate Parent Becton Dickinson & Company for C.R. Bard, Inc. (Ghosh, Sanjay) Modified text on 9/18/2020 (ems). |
| Filing 43 RETURNED MAIL: Copy of Order Setting Rule 16 Scheduling Conference by Telephone #35 that was sent via U.S. Mail to attorney Darren McDowell returned to the Court marked 'Return to Sender; Not Deliverable as Addressed; Unable to Forward'; no action taken as this document was already re-mailed to new address on 9/15/20 (ems) |
| Filing 42 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) |
| Copy of Order on Motion to Withdraw as Attorney #39 , Order on Motion to Withdraw as Attorney #40 , Administrative Order Reassigning Case #34 , Order Setting Rule 16 Scheduling Conference by Telephone #35 sent via U.S. Mail to attorney Darren McDowell (due to recent address change) (ems) |
| Filing 41 RETURNED MAIL: Copy of Attorney Admission Letter #30 , Receipt of Case Notice #28 that was sent via U.S. Mail to attorney Darren McDowell returned to the Court marked 'Return to Sender; No Such Street; Unable to Forward'; re-mailed to Darren McDowell at Fears Nachawati Law Firm, 5473 Blair Rd., Ste. 100, Dallas, TX 75231-2334 as per State Bar of Texas website (ems) |
| Copy of Order on Motion to Withdraw as Attorney #39 , Order on Motion to Withdraw as Attorney #40 sent via U.S. Mail to attorneys Eric Martin Przybysz, Darren McDowell, Steven Scott Schulte, Melissa Dorman Matthews, Jordan E Jarreau (ems) |
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Filing 40
ORDER granting #37 motion to withdraw as attorney; signed by Magistrate Judge Ray Kent (fhw)
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Filing 39
ORDER granting #36 motion to withdraw as attorney; signed by Magistrate Judge Ray Kent (fhw)
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Filing 38
(DISREGARD) 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 8/24/2020; signed by Magistrate Judge Ray Kent (fhw) Modified text per Chambers on 9/9/2020 (ems).
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| (NON-DOCUMENT) ORDER REFERRING MOTION to withdraw as attorney (Jordan E. Jarreau) #37 , MOTION to withdraw as attorney (Melissa Dorman Matthews) #36 to Magistrate Judge Ray Kent under 28 U.S.C. 636(b)(1)(A) (Chief Judge Robert J. Jonker, sdb) |
| (NON-DOCUMENT) NOTICE that Order Setting Rule 16 Scheduling Conference by Telephone #38 was filed in error and should be disregarded (fhw) |
| Filing 37 MOTION to withdraw as attorney (Jordan E. Jarreau) by defendants Bard Peripheral Vascular, Inc., C.R. Bard, Inc.; (Ghosh, Sanjay) |
| Filing 36 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 #35 sent via U.S. Mail to attorneys Eric Martin Przybysz, Darren McDowell, Steven Scott Schulte, Melissa Dorman Matthews, Jordan E Jarreau (ems) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Sanjay Ghosh on behalf of defendants Bard Peripheral Vascular, Inc., C.R. Bard, Inc. (Ghosh, Sanjay) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Taylor Tapley Daly on behalf of defendants Bard Peripheral Vascular, Inc., C.R. Bard, Inc. (Daly, Taylor) |
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Filing 35
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 #34 sent via U.S. Mail to Eric Martin Przybysz, Darren McDowell, Steven Scott Schulte, Melissa Dorman Matthews, Jordan E Jarreau (clw) |
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Filing 34
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 33 ATTORNEY ADMISSION LETTER sent to attorney Jordan E. Jarreau; attorney admission deadline set for 9/23/2020; (ems) |
| Filing 32 ATTORNEY ADMISSION LETTER sent to attorney Melissa Dorman Matthews; attorney admission deadline set for 9/23/2020; (ems) |
| Filing 31 ATTORNEY ADMISSION LETTER sent to attorney Steven Scott Schulte; attorney admission deadline set for 9/23/2020; (ems) |
| Filing 30 ATTORNEY ADMISSION LETTER sent to attorney Darren McDowell; attorney admission deadline set for 9/23/2020; (ems) |
| Filing 29 ATTORNEY ADMISSION LETTER sent to attorney Eric Martin Przybysz; attorney admission deadline set for 9/23/2020; (ems) |
| Filing 28 NOTICE of receipt of case (ems) |
| (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 #28 sent via U.S. Mail to attorneys Eric Martin Przybysz, Darren McDowell, Steven Scott Schulte, Melissa Dorman Matthews, Jordan E Jarreau (ems) |
| Filing 27 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 26 (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 25 CASE TRANSFERRED IN from Texas Northern, their case number 3:20-cv-02426; the documents listed above were electronically transferred to the Western District of Michigan (ndj) |
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Filing 24
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 Eileena Donnell's case be severed and transferred to the Boston Division of the District of Massachusetts (Civil case 3:20-cv-2422 opened); b. Plaintiff Michael Hanson's case be severed and transferred to the Tacoma Division of the Western District of Washington (Civil case 3:20-cv-2423 opened); c. Plaintiff Shirley Holmes's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2424 opened); d. Plaintiff Katherine Howell's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2425 opened); e. Plaintiff Margaret Palmiter's case be severed and transferred to the Kalamazoo Division of the Western District of Michigan (Civil case 3:20-cv-2426 opened); f. Plaintiff Craig Robinson's case be severed and transferred to the Fayetteville Division of the Western District of Arkansas (Civil case 3:20-cv-2428 opened); g. Plaintiff Velvet Ronquillo's case be severed and transferred to the Muskogee Division of the Eastern District of Oklahoma (Civil case 3:20-cv-2429 opened); and h. Plaintiff Tracy Turner's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (Civil case 3:20-cv-2430 opened). Plaintiff Linda Miller 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 8/20/2020) (jmg) [Transferred from Texas Northern on 8/24/2020.]
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Filing 23
ORDER: Pursuant to the parties' agreement, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Robyn Kennedy's claims against Defendants. The parties shall bear their ovm costs. Party Robyn Kennedy terminated. (Ordered by Judge Karen Gren Scholer on 8/19/2020) (axm) [Transferred from Texas Northern on 8/24/2020.]
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| Filing 22 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 21 Appendix in Support filed by Eileena Donnell, Michael Hanson, Shirley Holmes, Katherine Howell, Robyn Kennedy, Linda Miller, Margaret Palmiter, Craig Robinson, Velvet Ronquillo, Tracy Turner re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Eileena Donnell, Michael Hanson, Shirley Holmes, Katherine Howell, Robyn Kennedy, Linda Miller, Margaret Palmiter, Craig Robinson, Velvet Ronquillo, Tracy Turner re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Eileena Donnell, Michael Hanson, Shirley Holmes, Katherine Howell, Robyn Kennedy, Linda Miller, Margaret Palmiter, Craig Robinson, Velvet Ronquillo, Tracy Turner (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 18 RESPONSE filed by Eileena Donnell, Michael Hanson, Shirley Holmes, Katherine Howell, Robyn Kennedy, Linda Miller, Margaret Palmiter, Craig Robinson, Velvet Ronquillo, Tracy Turner re: #3 MOTION to Dismiss for Lack of Jurisdiction , #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 17 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 8/24/2020.] |
| Filing 16 NOTICE of Filing Completed Forms For Each Plaintiff filed by Eileena Donnell, Michael Hanson, Shirley Holmes, Katherine Howell, Robyn Kennedy, Linda Miller, Margaret Palmiter, Craig Robinson, Velvet Ronquillo, Tracy Turner (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.] |
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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 7/22/2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (oyh) [Transferred from Texas Northern on 8/24/2020.]
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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 8/24/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #3 MOTION to Dismiss for Lack of Jurisdiction , #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by Eileena Donnell, Michael Hanson, Shirley Holmes, Katherine Howell, Robyn Kennedy, Linda Miller, Margaret Palmiter, Craig Robinson, Velvet Ronquillo, Tracy Turner (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.] |
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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) [Transferred from Texas Northern on 8/24/2020.]
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| Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 11 replaced with the document flattened on 6/17/2020) (pnp). [Transferred from Texas Northern on 8/24/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 9 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 8 Brief/Memorandum in Support filed by McKesson Corporation re #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) (Main Document 6 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/24/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Matthews, Melissa) (Main Document 5 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/24/2020.] |
| 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 (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
| 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10900626) 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 - 8-30-16 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 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, #13 Exhibit(s) D-7 - Jury Demand, #14 Exhibit(s) D-8 - Dismissal Hearing Notice, #15 Exhibit(s) D-9 - Affidavit of Service - McKesson, #16 Exhibit(s) D-10 - Return of Service - C.R. Bard, #17 Exhibit(s) D-11 - Return of Service - Bard Peripheral) (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
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