Guptil v. C.R. Bard, Inc. et al
| Michelle Guptil |
| McKesson Corporation, C.R. Bard, Inc., Does 1 through 100, inclusive and Bard Peripheral Vascular, Inc. |
| 0:2020cv01829 |
| August 24, 2020 |
| US District Court for the District of Minnesota |
| Hildy Bowbeer |
| Becky R Thorson |
| John R Tunheim |
| Wilhelmina M Wright |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| Both |
Docket Report
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This docket was last retrieved on October 20, 2020. A more recent docket listing may be available from PACER.
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Filing 40
ORDER FOR DISMISSAL WITHOUT PREJUDICE. Signed by Judge Wilhelmina M. Wright on 10/20/2020. (RJE)
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Filing 39
ORDER granting #37 Motion to Stay. Signed by Magistrate Judge Becky R. Thorson on 9/22/2020. (MSK)
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| Filing 38 PROPOSED ORDER TO JUDGE re #37 Joint MOTION to Stay Discovery and All Pre-Trial Deadlines filed by Bard Peripheral Vascular, Inc., C.R. Bard, Inc., McKesson Corporation.(Stennes, Libretta) |
| Filing 37 Joint MOTION to Stay Discovery and All Pre-Trial Deadlines filed by Bard Peripheral Vascular, Inc., C.R. Bard, Inc., McKesson Corporation. (Stennes, Libretta) |
| Filing 36 (Text-Only) NOTICE - Judge Wilhelmina M. Wright's Practice Pointers are available on the United States District Court for the District of Minnesota's #website. All parties are expected to be familiar with and adhere to these Practice Pointers, including Judge Wright's deviations from the Local Rules with respect to motion scheduling and briefing deadlines. (RJE) |
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Filing 35
ORDER OF REASSIGNMENT OF RELATED CASES. This case is reassigned to Judge Wilhelmina M. Wright and Magistrate Judge Becky R. Thorson for all further proceedings. Chief Judge John R. Tunheim, Magistrate Judge Hildy Bowbeer no longer assigned to case. NOTE: the new case number is 20-cv-1829 (WMW/BRT). Please use this case number for all subsequent pleadings Signed by Judge Wilhelmina M. Wright and Judge David S. Doty on 9/15/2020 and Chief Judge John R. Tunheim on 9/16/2020. (MKB)
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| Filing 34 PROPOSED ORDER TO JUDGE re #33 Stipulation of Dismissal. (Stennes, Libretta) |
| Filing 33 STIPULATION of Dismissal Without Prejudice by McKesson Corporation. Jointly Signed by Michelle Guptil. (Stennes, Libretta) |
| Filing 32 NOTICE OF ATTORNEY APPEARANCE/SUBSTITUTION for McKesson Corporation. (Stennes, Libretta) |
| Filing 31 NOTICE OF ATTORNEY APPEARANCE/SUBSTITUTION for Bard Peripheral Vascular, Inc., C.R. Bard, Inc.. (Stennes, Libretta) |
| Filing 30 (Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing Eric Martin Przybysz, Darren McDowell, Steven Scott Schulte, Melissa Dorman Matthews, Jordan E. Jarreau as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #www.mnd.uscourts.gov/forms/all-forms#. (kt) cc: Eric Martin Przybysz, Darren McDowell, Steven Scott Schulte, Melissa Dorman Matthews, Jordan E. Jarreau. (kt) |
| Filing 29 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02458. Original file certified copy of transfer order and docket sheet received. Case assigned to Chief Judge John R. Tunheim and referred to Magistrate Judge Hildy Bowbeer per 3rd/4th Master List. |
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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) [Transferred from Texas Northern on 8/24/2020.]
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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) [Transferred from Texas Northern on 8/24/2020.]
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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) [Transferred from Texas Northern on 8/24/2020.]
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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) [Transferred from Texas Northern on 8/24/2020.] |
| 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) [Transferred from Texas Northern on 8/24/2020.] |
| 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) [Transferred from Texas Northern on 8/24/2020.] |
| 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) [Transferred from Texas Northern on 8/24/2020.] |
| 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) [Transferred from Texas Northern on 8/24/2020.] |
| 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) [Transferred from Texas Northern on 8/24/2020.] |
| 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) [Transferred from Texas Northern on 8/24/2020.] |
| 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) [Transferred from Texas Northern on 8/24/2020.] |
| 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) [Transferred from Texas Northern on 8/24/2020.] |
| 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) [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) (mla) [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 #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) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/24/2020.] |
| 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 8/24/2020.] |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/24/2020.] |
| 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 8/24/2020.] |
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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) [Transferred from Texas Northern on 8/24/2020.]
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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 8/24/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 8/24/2020.] |
| 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from Texas Northern on 8/24/2020.] |
| 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 8/24/2020.] |
| 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 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 0539-10904036) 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) [Transferred from Texas Northern on 8/24/2020.] |
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