Goshorn v. C. R. Bard, Inc et al
| Brent Goshorn |
| Unknown Parties, McKesson Corporation, Bard Peripheral Vascular, Inc. and C.R. Bard, Inc. |
| 1:2020cv00857 |
| September 4, 2020 |
| US District Court for the Western District of Michigan |
| Phillip J Green |
| 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 October 30, 2020. A more recent docket listing may be available from PACER.
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| Filing 50 ATTORNEY ADMISSION LETTER - SECOND NOTICE sent to attorney Darren McDowell; attorney admission deadline set for 11/30/2020; (mkc) |
| Filing 49 ATTORNEY ADMISSION LETTER - SECOND NOTICE sent to attorney Eric Martin Przybysz; attorney admission deadline set for 11/30/2020; (mkc) |
| Filing 48 RETURNED MAIL: Copy of Order on Motion to Dismiss #39 , Order #42 that was sent via U.S. Mail to Eric Martin Przybysz returned to the Court marked not deliverable as addressed; remailed to attorney's updated address (mlc) |
| Filing 47 RETURNED MAIL: Copy of Administrative Order Reassigning Case #28 that was sent via U.S. Mail to Darren McDowell returned to the Court marked return to sender; no such number; resent to attorney's updated address (ns) |
| Filing 46 RETURNED MAIL: Copy of Receipt of Case Notice #30 that was sent via U.S. Mail to Darren McDowell returned to the Court marked return to sender; no such number; re-sent to attorney's updated address (ns) |
| Filing 45 ATTORNEY ADMISSION LETTER sent to attorney Steven Schulte; attorney admission deadline set for 10/21/2020; (ndj) |
| Filing 44 ATTORNEY ADMISSION LETTER sent to attorney Eric Przybysz; attorney admission deadline set for 10/21/2020; (ndj) |
| Filing 43 ATTORNEY ADMISSION LETTER sent to attorney Darren McDowell; attorney admission deadline set for 10/21/2020; (ndj) |
| Copy of Order on Motion to Dismiss #39 , Order #42 sent via U.S. Mail to Eric Martin Przybysz, Steven Scott Schulte, Darren McDowell (ndj) |
Filing 42
ORDER granting #40 motion to stay for 90 days and cancelling Rule 16 Conference set for 9/29/2020 at 10:30 AM before Magistrate Judge Ray Kent; signed by Magistrate Judge Ray Kent (fhw)
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Filing 41
(DISREGARD) ORDER granting #40 motion to stay for 90 days and cancelling Rule 16 Scheduling Conference set for 9/29/2020 at 10:30 AM before Magistrate Judge Ray Kent; signed by Magistrate Judge Ray Kent (fhw) Modified text on 9/23/2020, replaced by #42 (ndj).
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| (NON-DOCUMENT) ORDER REFERRING JOINT MOTION to stay discovery and all pretrial deadlines #40 to Magistrate Judge Ray Kent under 28 U.S.C. 636(b)(1)(A) (Chief Judge Robert J. Jonker, sdb) |
| Filing 40 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 39
ORDER granting #36 motion to dismiss; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, sdb)
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| Filing 38 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 37 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 36 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) |
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Filing 35
ORDER granting #33 motion to withdraw as attorney; signed by Magistrate Judge Ray Kent (fhw)
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Filing 34
ORDER granting #32 motion to withdraw as attorney; signed by Magistrate Judge Ray Kent (fhw)
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| (NON-DOCUMENT) ORDER REFERRING MOTION to withdraw as attorney (Jordan E. Jarreau, Esq.) #33 , MOTION to withdraw as attorney (Melissa Dorman Matthews, Esq.) #32 to Magistrate Judge Ray Kent under 28 U.S.C. 636(b)(1)(A) (Chief Judge Robert J. Jonker, sdb) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Amanda Barield Fopma on behalf of defendants Bard Peripheral Vascular, Inc., C.R. Bard, Inc. (Fopma, Amanda) |
| Filing 33 MOTION to withdraw as attorney (Jordan E. Jarreau, Esq.) by defendants Bard Peripheral Vascular, Inc., C.R. Bard, Inc.; (Ghosh, Sanjay) |
| Filing 32 MOTION to withdraw as attorney (Melissa Dorman Matthews, Esq.) by defendants Bard Peripheral Vascular, Inc., C.R. Bard, Inc.; (Ghosh, Sanjay) |
| Copy of Order Setting Rule 16 Scheduling Conference by Telephone #31 , Receipt of Case Notice #30 sent via U.S. Mail to attorneys Eric Martin Przybysz, Steven Scott Schulte, Darren McDowell, Melissa Dorman Matthews, Jordan E Jarreau (mlc) |
| (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 31
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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| Filing 30 NOTICE of receipt of case (ndj) |
| Copy of Administrative Order Reassigning Case #28 sent via U.S. Mail to attorneys Eric Martin Przybysz, Darren McDowell, Steven Scott Schulte, Melissa Dorman Matthews, Jordan E Jarreau (ems) |
| Filing 29 Memorandum regarding potentially related case returned to Clerk from Magistrate Judge Kent indicating that this case 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 (ndj) |
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Filing 28
ADMINISTRATIVE ORDER No. 20-CA-061 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 (ems)
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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) |
| Filing 27 CASE TRANSFERRED IN from Texas Northern, their case number 3:20-cv-02677; the documents listed above were electronically transferred to the Western District of Michigan (ndj) |
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Filing 26
MEMORANDUM OPINION AND ORDER #19 Unopposed 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 Addis's case be severed and transferred to the Western Division of the Central District of California (Civil case 3:20-cv-2675-S opened); b. Plaintiff Kristan Clark's case be severed and transferred to the Eugene Division of the District of Oregon (Civil case 3:20-cv-2676-S opened); c. Plaintiff Brent Goshorn's case be severed and transferred to the Southern Division of the Western District of Michigan (Civil case 3:20-cv-2677-S opened); d. Plaintiff David Holtzman's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (Civil case 3:20-cv-2678-S opened); e. Plaintiff Judith Hooper's case be severed and transferred to the Alexandria Division of the Eastern District of Virginia (Civil case 3:20-cv-2679-S opened); f. Plaintiff Timothy Miller's case be severed and transferred to the San Jose Division of the Northern District of California (Civil case 3:20-cv-2680-S opened); g. Plaintiff Jennifer Pelayo's case be severed and transferred to the Fresno Division of the Eastern District of California (Civil case 3:20-cv-2681-S opened); and h. Plaintiff Katherine Proudfoot's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2682-S opened). Plaintiff Peggy Aguilar 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 8/31/2020) (axm) [Transferred from Texas Northern on 9/4/2020.]
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| Filing 25 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #24 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 24 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Brent Goshorn (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
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Filing 23
ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Anthony Juarez's claims against Defendants. The parties shall bear their own costs. (Ordered by Judge Karen Gren Scholer on 8/19/2020) (axm) [Transferred from Texas Northern on 9/4/2020.]
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| Filing 22 RESPONSE filed by Bard Peripheral Vascular Incorporated, 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 9/4/2020.] |
| Filing 21 Appendix in Support filed by James Addis, Peggy Aguilar, Kristan Clark, Brent Goshorn, David Holtzman, Judith Hooper, Anthony Juarez, Timothy Miller, Jennifer Pelayo, Katherine Proudfoot 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 9/4/2020.] |
| Filing 20 Brief/Memorandum in Support filed by James Addis, Peggy Aguilar, Kristan Clark, Brent Goshorn, David Holtzman, Judith Hooper, Anthony Juarez, Timothy Miller, Jennifer Pelayo, Katherine Proudfoot re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by James Addis, Peggy Aguilar, Kristan Clark, Brent Goshorn, David Holtzman, Judith Hooper, Anthony Juarez, Timothy Miller, Jennifer Pelayo, Katherine Proudfoot (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 18 RESPONSE filed by James Addis, Peggy Aguilar, Kristan Clark, Brent Goshorn, David Holtzman, Judith Hooper, Anthony Juarez, Timothy Miller, Jennifer Pelayo, Katherine Proudfoot re: #2 MOTION to Dismiss for Lack of Jurisdiction , #9 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by James Addis, Peggy Aguilar, Kristan Clark, Brent Goshorn, David Holtzman, Judith Hooper, Anthony Juarez, Timothy Miller, Jennifer Pelayo, Katherine Proudfoot (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from Texas Northern on 9/4/2020.] |
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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 9/4/2020.]
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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 9/4/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #2 MOTION to Dismiss for Lack of Jurisdiction , #9 MOTION to Dismiss for Lack of Jurisdiction filed by James Addis, Peggy Aguilar, Kristan Clark, Brent Goshorn, David Holtzman, Judith Hooper, Anthony Juarez, Timothy Miller, Jennifer Pelayo, Katherine Proudfoot (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 10 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 8 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from Texas Northern on 9/4/2020.] |
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Filing 7
ORDER: The undersigned Senior United States District Judge ORDERS that the above-styled and -numbered civil action be TRANSFERRED to the docket of the Honorable Karen Gren Scholer, United States District Judge, for further case management. This civil action shall henceforth carry the suffix letter "S." (Ordered by Senior Judge Sam R Cummings on 6/15/2020) (twd) [Transferred from Texas Northern on 9/4/2020.]
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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). [Transferred from Texas Northern on 9/4/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 9/4/2020.] |
| 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) [Transferred from Texas Northern on 9/4/2020.] |
| 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) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10903894) 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 Plaintiffs' Original Petition, #9 Exhibit(s) D-3 - 2020-04-03 Civi Case Info. Sheet, #10 Exhibit(s) D-4 - 2020-04-03 Citation Issued - Bard Peripheral, #11 Exhibit(s) D-5 - 2020-04-03 Citation Issued - C.R. Bard, #12 Exhibit(s) D-6 - 2020-04-03 Citation Issued - McKesson, #13 Exhibit(s) D-7 - 2020-05-06 Affidavit of Service - McKesson, #14 Exhibit(s) D-8 - 2020-05-22 Return of Service - C.R. Bard, #15 Exhibit(s) D-9 - 2020-06-04 Return of Service - Bard Peripheral) (Jarreau, Jordan) [Transferred from Texas Northern on 9/4/2020.] |
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