Bagwell v. C R Bard Inc et al
| Susan Bagwell |
| C R Bard Inc, Bard Peripheral Vascular Incorporated, McKesson Corporation and Does 1 through 100 Inclusive |
| 3:2020cv00250 |
| August 28, 2020 |
| US District Court for the Northern District of Mississippi |
| Oxford Division Office |
| Glen H Davidson |
| Roy Percy |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on March 17, 2021. A more recent docket listing may be available from PACER.
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| Filing 41 Mail sent to Darren McDowell (doc #39 ) Returned as Undeliverable. (jtm) |
| Filing 40 Mail Returned as Undeliverable. Doc #35 Mail sent to Darren McDowell (cb) |
| Filing 39 NOTICE of Conference: Case Management Conference reset for 1/14/2021 10:00 AM in Judge Percy Chambers before Magistrate Judge Roy Percy. (rtc) |
| Filing 38 Mail sent to Darren McDowell (docs #27 , #28 ) returned as Undeliverable. (jtm) |
| Filing 37 MEMORANDUM IN SUPPORT re #36 Joint MOTION to Stay filed by Bard Peripheral Vascular Incorporated, C R Bard Inc. (Hadley, Elizabeth) |
| Filing 36 Joint MOTION to Stay by Bard Peripheral Vascular Incorporated, C R Bard Inc. (Hadley, Elizabeth) |
Filing 35
ORDER granting Joint Stipulation of Dismissal without Prejudice as to Defendant McKesson Corporation, McKesson Corporation terminated.. Signed by Senior Judge Glen H. Davidson on 9/17/20. (jla)
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TEXT ONLY ORDER requiring telephonic case management conference. Counsel should call conference line 888-363-4735 (participant number 4317261) at previously scheduled time. There will be no in-person attendance permitted. Signed by Magistrate Judge Roy Percy on 9/14/2020. (rtc)
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| Filing 34 STIPULATION of Dismissal WITHOUT PREJUDICE AS TO DEFENDANT MCKESSON CORPORATION. (Hadley, Elizabeth) |
| Filing 33 NOTICE of Attorney Appearance by David Shelton on behalf of Susan Bagwell (Shelton, David) |
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Filing 32
ORDER granting #30 Motion to Withdraw as Attorney. Attorney Jordan E Jarreau and Melissa Dorman Matthews terminated; granting #30 Motion to Substitute Attorney. Attorney Jordan E Jarreau and Melissa Dorman Matthews terminated. Signed by Magistrate Judge Roy Percy on 9/2/20. (yf)
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| Filing 31 NOTICE of Attorney Appearance by J. Carter Thompson, Jr on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Thompson, J.) |
| Filing 30 MOTION to Withdraw as Attorney Melissa Dorman Matthews and Jordan E. Jarreau, MOTION to Substitute Attorney Elizabeth Ross Hadley by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. (Hadley, Elizabeth) |
| Filing 29 NOTICE of Attorney Appearance by Elizabeth Ross Hadley on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Hadley, Elizabeth) |
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Filing 28
INITIAL ORDER - RULE 16.1 Case Management Conference set for 10/13/2020 10:00 AM in Judge Percy Chambers before Magistrate Judge Roy Percy. Signed by Magistrate Judge Roy Percy on 8/28/2020. (rtc)
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| Filing 27 CLERK'S NOTICE of Failure by Counsel to be Admitted to Practice Re: Eric Martin Przybysz, Steven Scott Schulte, Darren McDowell, Melissa Dorman Matthews, Jordan E Jarreau (jtm) |
| Filing 26 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02561. Original file certified copy of transfer order and docket sheet received. |
| NOTICE OF ASSIGNMENT. Case assigned to Judge Glen H. Davidson and Magistrate Judge Roy Percy. (jtm) |
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Filing 25
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 Susan Bagwell's case be severed and transferred to the Oxford Division of the Northern District of Mississippi (Civil case 3:20-cv-2561 opened); b. Plaintiff Lisa Baker's case be severed and transferred to the Southern Division of the Northern District of Alabama (Civil case 3:20-cv-2562 opened); c. Plaintiff Jorge Diaz's case be severed and transferred to the Springfield Division of the District of Massachusetts (Civil case 3:20-cv-2563 opened); d. Plaintiff Terry Gosnell's case be severed and transferred to the Clarksburg Division of the Northern District of West Virginia (Civil case 3:20-cv-2564 opened); e. Plaintiff Kevin Guarino's case be severed and transferred to the Boston Division of the District of Massachusetts (Civil case 3:20-cv-2565 opened); f. Plaintiff Shanell Jackson's case be severed and transferred to the Houston Division of the Southern District of Texas (Civil case 3:20-cv-2566 opened); g. Plaintiff Michael Pitts's case be severed and transferred to the Newark Division of the District of New Jersey (Civil case 3:20-cv-2567 opened); and h. Plaintiff Ricky Stewart's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2568 opened). Plaintiff Kenneth Betcher 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 8/27/2020) (jmg) [Transferred from Texas Northern on 8/28/2020.]
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Filing 24
ORDER: The Cou1t DISMISSES WITHOUT PREJUDICE Plaintiff Robert D'Andrea's claims against Defendants. The parties shall bear their own costs. All Party Robert D'Andrea terminated. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (axm) [Transferred from Texas Northern on 8/28/2020.]
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| Filing 23 Supplemental RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) Modified title on 8/25/2020 (awc). [Transferred from Texas Northern on 8/28/2020.] |
| Filing 22 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) [Transferred from Texas Northern on 8/28/2020.] |
| Filing 21 Appendix in Support filed by Susan Bagwell, Lisa Baker, Robert D'Andrea, Jorge Diaz, Terry Gosnell, Kevin Guarino, Shannell Jackson, Michael Pitts, Ricky Stewart re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from Texas Northern on 8/28/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Susan Bagwell, Lisa Baker, Robert D'Andrea, Jorge Diaz, Terry Gosnell, Kevin Guarino, Shannell Jackson, Michael Pitts, Ricky Stewart re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from Texas Northern on 8/28/2020.] |
| Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division filed by Susan Bagwell, Lisa Baker, Robert D'Andrea, Jorge Diaz, Terry Gosnell, Kevin Guarino, Shannell Jackson, Michael Pitts, Ricky Stewart (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/28/2020.] |
| Filing 18 RESPONSE AND OBJECTION filed by Susan Bagwell, Lisa Baker, Kenneth Betcher, Robert D'Andrea, Jorge Diaz, Terry Gosnell, Kevin Guarino, Shannell Jackson, Michael Pitts, Ricky Stewart re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/28/2020.] |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Susan Bagwell, Lisa Baker, Kenneth Betcher, Robert D'Andrea, Jorge Diaz, Terry Gosnell, Kevin Guarino, Shannell Jackson, Michael Pitts, Ricky Stewart (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/28/2020.] |
| Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from Texas Northern on 8/28/2020.] |
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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 8/28/2020.]
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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 8/28/2020.]
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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 Susan Bagwell, Lisa Baker, Kenneth Betcher, Robert D'Andrea, Jorge Diaz, Terry Gosnell, Kevin Guarino, Shannell Jackson, Michael Pitts, Ricky Stewart (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/28/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from Texas Northern on 8/28/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/28/2020.] |
| 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 8/28/2020.] |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/28/2020.] |
| 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 8/28/2020.] |
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Filing 7
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 8/28/2020.]
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| Filing 6 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 8/28/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 8/28/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 8/28/2020.] |
| 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 8/28/2020.] |
| 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 8/28/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10910903) 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 2020-04-07 Original Petition, #9 Exhibit(s) D-3 2020-04-07 Civil Case Info. Sheet, #10 Exhibit(s) D-4 2020-04-07 Jury Demand, #11 Exhibit(s) D-5 2020-04-07 Citation Issued - Bard Periphreal, #12 Exhibit(s) D-6 2020-04-07 Citation Issued - C.R. Bard, #13 Exhibit(s) D-7 2020-04-07 Citation Issued - McKesson, #14 Exhibit(s) D-8 2020-05-06 Return of Service - McKesson, #15 Exhibit(s) D-9 2020-05-22 Return of Service - C.R. Bard, #16 Exhibit(s) D-10 2020-06-04 Return of Service Bard Peripheral) (Jarreau, Jordan) [Transferred from Texas Northern on 8/28/2020.] |
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