Walker v. C R Bard Inc et al
| Willie James Walker |
| Does 1 through 100 Inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular, Inc. |
| 1:2020cv00281 |
| August 31, 2020 |
| US District Court for the Southern District of Mississippi |
| John C Gargiulo |
| Halil S Ozerden |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 6, 2020. A more recent docket listing may be available from PACER.
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Filing 41
ORDER granting in part and denying in part #37 Motion to Stay Proceedings. Signed by Magistrate Judge John C. Gargiulo on 10/6/20 (HM)
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| Reset Hearing: The Telephonic Case Management Conference is RESET for 1/4/2021 at 10:30 AM before Magistrate Judge John C. Gargiulo. Counsel will follow all other instructions given in the Rule 16(a) Initial Order #34 . (AB) |
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TEXT ONLY ORDER granting #39 Plaintiff's Unopposed Motion for Withdrawal and Substitution of Counsel Following Transfer. Darren McDowell and Eric Przybysz are granted leave to withdraw and terminated from the docket. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 10/6/20 (HM)
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TEXT ONLY ORDER granting #40 Motion to Appear Pro Hac Vice of Steven Scott Schulte. Steven Scott Schulte is admitted pro hac vice in this case on behalf of Plaintiff Willie James Walker in association with local counsel and upon registration for electronic filing. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 10/1/2020 (AB)
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| Filing 40 MOTION for Steven Scott Schulte to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-4384278) by Willie James Walker (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Certificate of Good Standing)(Shelton, David) |
| Filing 39 MOTION to Withdraw as Attorney by Willie James Walker (Shelton, David) |
| Filing 38 MEMORANDUM in Support re #37 Joint MOTION to Stay Proceedings Joint Motion for Temporary Stay filed by Bard Peripheral Vascular, Inc., C R Bard Inc (Hadley, Elizabeth) |
| Filing 37 Joint MOTION to Stay Proceedings Joint Motion for Temporary Stay by Bard Peripheral Vascular, Inc., C R Bard Inc (Hadley, Elizabeth) |
| Filing 36 Letter sent to Darren McDowell on 9/15/20 requesting PHV motion, proposed order and fee. (JCH) |
| Filing 35 Mail Returned as Undeliverable as to #27 Pro Hac Vice Request Letter. Mail sent to Darren McDowell. (JCH) |
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TEXT ONLY ORDER denying without prejudice all pending #2 , #8 Motions. In light of the August 27, 2020, #25 Memorandum Opinion and Order severing and transferring this case to this Court, and the September 10, 2020, #33 Joint Stipulation for Dismissal Without Prejudice as to Defendant McKesson Corporation, the Court will deny these #2 , #8 Motions without prejudice, with leave to reassert. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on September 14, 2020. (ENW)
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| Filing 34 Rule 16(a) Initial Order: Telephonic Case Management Conference set for 11/10/2020 at 10:00 AM before Magistrate Judge John C. Gargiulo. (AB) |
| Filing 33 STIPULATION of Dismissal WITHOUT PREJUDICE AS TO DEFENDANT MCKESSON CORPORATION by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Hadley, Elizabeth) |
| Filing 32 NOTICE of Appearance by David W. Shelton on behalf of Willie James Walker (Shelton, David) |
| Filing 31 NOTICE of Appearance by J. Carter Thompson, Jr on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Thompson, J.) |
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Filing 30
ORDER granting #29 Defendants' Unopposed Motion for Withdrawal and Substitution of Counsel Following Transfer. Attorneys Melissa Dorman Matthews, Jordan E Jarreau, and Jessica Junek are withdrawn and terminated from the docket. Signed by Magistrate Judge John C. Gargiulo on 9/2/20 (HM)
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| Filing 29 Unopposed MOTION to Withdraw as Attorney Melissa Dorman Matthews, Jessica Junek, and Jordan E. Jarreau, Unopposed MOTION to Substitute Attorney Elizabeth Ross Hadley by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Hadley, Elizabeth) |
| Filing 28 NOTICE of Appearance by Elizabeth Ross Hadley on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Hadley, Elizabeth) |
| Filing 27 Letter sent to Jarreau, Junek, Matthews, McDowell, Przybysz, and Schulte on 9/1/20 requesting PHV motion, proposed order and fee. (JCH) |
| Filing 26 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02560. Original file certified copy of transfer order and docket sheet received. |
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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 Sharon Dyess's case be severed and transferred to the Charleston Division of the Southern District of West Virginia (Civil case 3:20-cv-2553 opened); b. Plaintiff Robert Fix's case be severed and transferred to the Fresno Division of the Eastern District of California (Civil case 3:20-cv-2554 opened); c. Plaintiff Susan Gentile's case be severed and transferred to the Eastern Division of the Northern District of Illinois (Civil case 3:20-cv-2555 opened); d. Plaintiff Michael Gerrow's case be severed and transferred to the Northern Division of the Eastern District of Michigan (Civil case 3:20-cv-2556 opened); e. Plaintiff Karla Henry's case be severed and transferred to the Eastern Division of the Eastern District of Missouri (Civil case 3:20-cv-2557 opened); f. Plaintiff Wanda Kingsland's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2558 opened); g. Plaintiff Joyce Mock's case be severed and transferred to the Savannah Division of the Southern District of Georgia (Civil case 3:20-cv-2559 opened); h. Plaintiff Willie James Walker's case be severed and transferred to the Southern Division of the Southern District of Mississippi (Civil case 3:20-cv-2560 opened). Plaintiff Beverly Jarvis is the sole plaintiff with any connection of this forum. Accordingly, she 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 8/31/2020.]
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Filing 24
ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Anne Ware's claims against Defendants. The parties shall bear their own costs. Party Anne Ware terminated. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (axm) [Transferred from Texas Northern on 8/31/2020.]
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| Filing 23 Supplemental RESPONSE filed by Bard Peripheral Vascular Inc, 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 8/31/2020.] |
| Filing 22 RESPONSE filed by Bard Peripheral Vascular Inc, 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 8/31/2020.] |
| Filing 21 Appendix in Support filed by Sharon Dyess, Robert Fix, Susan Gentile, Michael Gerow, Karla Henry, Wanda Kingsland, Joyce Mock, Willie James Walker, Anne Ware 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 8/31/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Sharon Dyess, Robert Fix, Susan Gentile, Michael Gerow, Karla Henry, Wanda Kingsland, Joyce Mock, Willie James Walker, Anne Ware 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 8/31/2020.] |
| Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division filed by Sharon Dyess, Robert Fix, Susan Gentile, Michael Gerow, Karla Henry, Wanda Kingsland, Joyce Mock, Willie James Walker, Anne Ware (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/31/2020.] |
| Filing 18 RESPONSE AND OBJECTION filed by Sharon Dyess, Robert Fix, Susan Gentile, Michael Gerow, Karla Henry, Beverly Jarvis, Wanda Kingsland, Joyce Mock, Willie James Walker, Anne Ware re: #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/31/2020.] |
| 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 8/31/2020.] |
| Filing 16 NOTICE of Filling Completed Forms For Each Plaintiff filed by Sharon Dyess, Robert Fix, Susan Gentile, Michael Gerow, Karla Henry, Beverly Jarvis, Wanda Kingsland, Joyce Mock, Willie James Walker, Anne Ware (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/31/2020.] |
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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 8/31/2020.]
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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 8/31/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #2 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 Sharon Dyess, Robert Fix, Susan Gentile, Michael Gerow, Karla Henry, Beverly Jarvis, Wanda Kingsland, Joyce Mock, Willie James Walker, Anne Ware (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/31/2020.] |
| 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 8/31/2020.] |
| 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 8/31/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from Texas Northern on 8/31/2020.] |
| 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 8/31/2020.] |
| 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 8/31/2020.] |
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Filing 7
ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge Jane J. Boyle no longer assigned to case. (Ordered by Judge Jane J. Boyle on 6/12/2020) (svc) [Transferred from Texas Northern on 8/31/2020.]
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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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from Texas Northern on 8/31/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Junek, Jessica) [Transferred from Texas Northern on 8/31/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Junek, Jessica) [Transferred from Texas Northern on 8/31/2020.] |
| Filing 3 Brief/Memorandum in Support filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. re #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Junek, Jessica) [Transferred from Texas Northern on 8/31/2020.] |
| Filing 2 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 8/31/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10909274) 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 Notice of Dismissal Hearing, #16 Exhibit(s) D-10 Return of Service - Bard Peripheral) (Junek, Jessica) [Transferred from Texas Northern on 8/31/2020.] |
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