Bishop v. C R Bard Inc et al
| Katherine Bishop |
| Does 1 through 100 Inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular, Inc. |
| 2:2020cv00166 |
| September 2, 2020 |
| US District Court for the Southern District of Mississippi |
| Eastern (Hattiesburg) Office |
| Michael T Parker |
| Keith Starrett |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Filing 39 Rule 16(a) Initial Order: Telephonic Case Management Conference set for 1/11/2021 1:30 PM before Magistrate Judge Michael T. Parker. Counsel shall dial 1.888.273.3658, code 1055457 to connect to the call. Confidential settlement memoranda are due on or before 1/5/21. (KPM) |
Filing 38
ORDER granting in part and denying in part #36 Motion to Stay Proceedings. Signed by Magistrate Judge Michael T. Parker on September 25, 2020. (js)
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| Filing 37 MEMORANDUM in Support re #36 Joint MOTION to Stay Proceedings filed by Bard Peripheral Vascular, Inc., C R Bard Inc (Hadley, Elizabeth) |
| Filing 36 Joint MOTION to Stay Proceedings by Bard Peripheral Vascular, Inc., C R Bard Inc (Hadley, Elizabeth) |
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TEXT ONLY ORDER finding as moot #7 Motion to Dismiss filed by McKesson Corporation. Per the #33 Stipulation of Dismissal filed by the parties, McKesson Corporation has been dismissed and terminated as a party. Therefore, the Court finds the instant motion moot. No further written order shall issue. Signed by District Judge Keith Starrett on 9/23/2020 (lm)
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TEXT ONLY ORDER The Court finds, and the parties concur, that with this case now transferred into this District, the grounds for the #2 Motion to Dismiss have been satisified. Therefore, the motion is denied as moot. No further written order shall issue. Signed by District Judge Keith Starrett on 9/23/2020 (lm)
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| Filing 35 Letter re-mailed to Darren McDowell, Esq on September 15, 2020 requesting PHV motion, proposed order and fee. (LDR) |
| Filing 34 Mail Returned as Undeliverable marked "Return to Sender, Not Deliverable as Addressed, Unable to Forward" as to #27 Pro Hac Vice Request Letter. ail sent to Darren McDowell, Esq. (LDR) |
| 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 Katherine Bishop (Shelton, David) |
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Filing 31
ORDER granting #29 Motion to Withdraw as Attorney; granting #29 Motion to Substitute Attorney Elizabeth Ross Hadley as counsel for defendants. Attorney Melissa Dorman Matthews; Jordan E Jarreau and Jessica Junek terminated. Signed by Magistrate Judge Michael T. Parker on 9/4/2020. (LDR)
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| Filing 30 NOTICE of Appearance by J. Carter Thompson, Jr on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Thompson, J.) |
| 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 Jordan E. Jarreau, Jessica Junek, Melissa Dorman Matthews, Darren McDowell, Erin Martin Przybysz, Stephen Scott Schulte on September 2, 2020, requesting PHV motion, proposed order and fee. (LDR) |
| Filing 26 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02628. Original file certified copy of transfer order and docket sheet received. |
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Filing 25
MEMORANDUM OPINION AND ORDER grants #17 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 Katherine Bishop's case be severed and transferred to the Eastern Division of the Southern District of Mississippi (Civil case 3:20-cv-2628 opened); b. Plaintiff Linda Cattles's case be severed and transferred to the Charleston Division of the District of South Carolina (Civil case 3:20-cv-2629 opened); c. Plaintiff Carol Gump's case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil case 3:20-cv-2630 opened); d. Plaintiff Melvin Haley's case be severed and transferred to the Northern Division of the Southern District of Mississippi (Civil case 3:20-cv-2631 opened); e. Plaintiff Chelsea Jackson's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (Civil case 3:20-cv-2632 opened); f. Plaintiff Sharon Listul's case be severed and transferred to the Northern Division of the Middle District of Alabama (Civil case 3:20-cv-2633 opened); g. Plaintiff Annie Newton's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (Civil case 3:20-cv-2634 opened); and h. Plaintiff Dolores Wiedner's case be severed and transferred to the St. Paul Division of the District of Minnesota (Civil case 3:20-cv-2635 opened). Plaintiff Michael Landers 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 8/31/2020) (jmg) [Transferred from Texas Northern on 9/2/2020.]
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Filing 24
ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Carol Loftus's claims against Defendants. The parties shall bear their own costs. All Party Carol Loftus terminated. (Ordered by Judge Karen Gren Scholer on 8/26/2020) (axm) [Transferred from Texas Northern on 9/2/2020.]
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| Filing 23 Supplemental RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) Modified title on 8/25/2020 (awc). [Transferred from Texas Northern on 9/2/2020.] |
| Filing 22 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 21 NOTICE of Filing Completed Forms for Each Plaintiff re: #20 Order Setting Deadline/Hearing, filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) Exhibit A) (Matthews, Melissa) [Transferred from Texas Northern on 9/2/2020.] |
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Filing 20
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 8/10/2020. (Ordered by Judge Karen Gren Scholer on 8/4/2020) (ctf) [Transferred from Texas Northern on 9/2/2020.]
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| Filing 19 Appendix in Support filed by Katherine Bishop, Linda Cattles, Carol Gump, Melvin Haley, Chelsea Jackson, Michael Landers, Sharon Listul, Carol Loftus, Annie Newton, Dolores Wiedner re #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 18 Brief/Memorandum in Support filed by Katherine Bishop, Linda Cattles, Carol Gump, Melvin Haley, Chelsea Jackson, Michael Landers, Sharon Listul, Carol Loftus, Annie Newton, Dolores Wiedner re #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Katherine Bishop, Linda Cattles, Carol Gump, Melvin Haley, Chelsea Jackson, Michael Landers, Sharon Listul, Carol Loftus, Annie Newton, Dolores Wiedner (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 16 RESPONSE filed by Katherine Bishop, Linda Cattles, Carol Gump, Melvin Haley, Chelsea Jackson, Michael Landers, Sharon Listul, Carol Loftus, Annie Newton, Dolores Wiedner re: #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 15 NOTICE of Filing Completed Forms For Each Plaintiff filed by Katherine Bishop, Linda Cattles, Carol Gump, Melvin Haley, Chelsea Jackson, Michael Landers, Sharon Listul, Carol Loftus, Annie Newton, Dolores Wiedner (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 9/2/2020.] |
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Filing 14
ORDER: This civil action is transferred to the docket of Judge Karen Gren Scholer. All future pleadings shall be filed under Civil Action No. 3:20-CV-1556-S. (Ordered by Senior Judge Sidney A Fitzwater on 7/7/2020) (aaa) [Transferred from Texas Northern on 9/2/2020.]
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Filing 13
ORDER granting Parties' #12 Agreed Motion for Leave to Extend the Time. It is ORDERED that the Plaintiffs have until 8/3/2020 to respond to Defendants' #2 and #7 Motions to Dismiss. It is further ORDERED that Defendants have until 9/3/2020 to file replies. (Ordered by Senior Judge Sidney A Fitzwater on 6/29/2020) (twd) [Transferred from Texas Northern on 9/2/2020.]
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| Filing 12 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, #7 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by Katherine Bishop, Linda Cattles, Carol Gump, Melvin Haley, Chelsea Jackson, Michael Landers, Sharon Listul, Carol Loftus, Annie Newton, Dolores Wiedner (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 11 replaced with the document flattened on 6/18/2020) (pnp). [Transferred from Texas Northern on 9/2/2020.] |
| Filing 10 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 9/2/2020.] |
| Filing 9 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 8 Brief/Memorandum in Support filed by McKesson Corporation re #7 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Junek, Jessica) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 7 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 9/2/2020.] |
| 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 9/2/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Junek, Jessica) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Junek, Jessica) [Transferred from Texas Northern on 9/2/2020.] |
| 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 9/2/2020.] |
| 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 9/2/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10911511) 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 Jury Demand, #11 Exhibit(s) D-5 Citation Issued Bard Peripheral, #12 Exhibit(s) D-6 Citation Issued C.R. Bard Inc., #13 Exhibit(s) D-7 Citation Issued McKesson, #14 Exhibit(s) D-8 Affidavit of Service McKinnson, #15 Exhibit(s) D-9 Return of Service - C. R. Bard, #16 Exhibit(s) D-10 Return of Service - Bard Peripheral) (Junek, Jessica) [Transferred from Texas Northern on 9/2/2020.] |
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