Smith v. CR Bard Inc et al
Plaintiff: Pamela Smith
Defendant: CR Bard Inc, Does 1 through 100 Inclusive, McKesson Corporation and Bard Peripheral Vascular, Inc.
Case Number: 3:2020cv00547
Filed: August 18, 2020
Court: US District Court for the Southern District of Mississippi
Presiding Judge: Tom S Lee
Referring Judge: Robert P Myers
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 29, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 29, 2020 NOTICE of Hearing: TELEPHONIC Status Conference set for 1/6/2021 09:00 AM before Magistrate Judge Robert P. Myers Jr. regarding settlement negotiations. Plaintiff will place the telephone call to Judge Myers' chambers with all necessary counsel on the line. (SR)
September 29, 2020 Opinion or Order TEXT ONLY ORDER Cancelling Telephone Conference set for 10/6/2020 10:00 AM before Magistrate Judge Robert P. Myers Jr. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge Robert P. Myers, Jr on 9/29/2020 (SR)
September 29, 2020 Opinion or Order Filing 40 ORDER granting #38 Joint Motion to Stay Proceedings. Signed by Magistrate Judge Robert P. Myers, Jr on September 29, 2020 (King, Steve)
September 24, 2020 Filing 39 MEMORANDUM in Support re #38 Joint MOTION to Stay Proceedings filed by Bard Peripheral Vascular, Inc., CR Bard Inc (Hadley, Elizabeth)
September 24, 2020 Filing 38 Joint MOTION to Stay Proceedings by Bard Peripheral Vascular, Inc., CR Bard Inc (Hadley, Elizabeth)
September 22, 2020 Opinion or Order Filing 37 ORDER granting #36 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Robert P. Myers, Jr on September 22, 2020 (King, Steve)
September 22, 2020 Opinion or Order TEXT ONLY ORDER granting #35 Motion to Withdraw as Attorney. Attorneys Darren McDowell and Eric Martin Przybysz terminated. No further written order will issue. Signed by Magistrate Judge Robert P. Myers, Jr on September 22, 2020 (King, Steve)
September 21, 2020 Filing 36 MOTION for Scott Schulte to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-4376913) by Pamela Smith (Attachments: #1 Exhibit Certificate of Good Standing)(Shelton, David)
September 21, 2020 Filing 35 MOTION to Withdraw as Attorney by Pamela Smith (Shelton, David)
September 9, 2020 Filing 34 NOTICE of Appearance by David W. Shelton on behalf of Pamela Smith (Shelton, David)
September 2, 2020 NOTICE of Hearing: Telephone Conference set for 10/6/2020 10:00 AM before Magistrate Judge Robert P. Myers Jr. Defendant will place the telephone call to Judge Myers' chambers with all necessary counsel on the line. (SR)
August 28, 2020 Opinion or Order Filing 33 ORDER TO SHOW CAUSE. Show Cause Response due by 9/18/2020 Signed by Magistrate Judge Robert P. Myers, Jr on August 28, 2020 (King, Steve)
August 28, 2020 Opinion or Order TEXT ONLY ORDER granting #32 Motion to Withdraw as Attorney Melissa Dorman Matthews and Jordan E. Jarreau; granting #32 Motion to Substitute Attorney Elizabeth Ross Hadley. Attorney Elizabeth Ross Hadley has made an appearance as substitute counsel for defendants. Attorney Jordan E Jarreau and Melissa Dorman Matthews terminated. No further written order will issue. Signed by Magistrate Judge Robert P. Myers, Jr on August 28, 2020 (King, Steve)
August 27, 2020 DOCKET ANNOTATION as to #32 : Corrected filers to C. R. Bard, Inc. and Bard Peripheral Vascular, Inc. instead of McKesson Corporation.. (cwl)
August 27, 2020 Filing 32 Unopposed MOTION to Withdraw as Attorney Melissa Dorman Matthews and Jordan E. Jarreau, Unopposed MOTION to Substitute Attorney Elizabeth Ross Hadley by Bard Peripheral Vascular, Inc., CR Bard Inc (Hadley, Elizabeth)
August 25, 2020 Filing 31 NOTICE of Appearance by J. Carter Thompson, Jr on behalf of Bard Peripheral Vascular, Inc., CR Bard Inc (Thompson, J.)
August 24, 2020 Opinion or Order TEXT ONLY ORDER finding as moot #21 Motion to Sever; finding as moot #2 Motion to Dismiss for Lack of Jurisdiction. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THIS COURT. Issued by District Judge Tom S. Lee on 8/24/20 (LWE)
August 24, 2020 Opinion or Order Filing 30 ORDER granting #10 Motion to Dismiss defendant McKesson Corporation. Signed by District Judge Tom S. Lee on 8/24/20 (LWE)
August 20, 2020 Filing 29 Letter sent to Jordan E. Jarreau, Esq., Mellissa Dorman Matthews, Esq., Darren McDowell, Esq., Eric Martin Przybysz, Esq., and Steven Scott Schulte, Esq. on August 20, 2020, requesting PHV motion, proposed order and fee. (VM)
August 20, 2020 Filing 28 NOTICE of Appearance by Elizabeth Ross Hadley on behalf of Bard Peripheral Vascular, Inc., CR Bard Inc, McKesson Corporation (Hadley, Elizabeth)
August 18, 2020 Filing 27 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02199. Original file certified copy of transfer order and docket sheet received.
August 17, 2020 Opinion or Order Filing 26 ORDER granting #21 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 Randy French's case be severed and transferred to the Bay City Division of the Eastern District of Michigan (Civil Case: 3:20-cv-2191); b. Plaintiff Catherine Grant's case be severed and transferred to the Jackson Division of the Southern District of Mississippi (Civil Case: 3:20-cv-2192); c. Plaintiff Shihee Hatchett's case be severed and transferred to the Philadelphia Division of the Eastern District of Pennsylvania (Civil Case: 3:20-cv-2193); d. Plaintiff Karen Husky's case be severed and transferred to the Knoxville Division of the United States District Court for the Eastern District of Tennessee (Civil Case: 3:20-cv-2194); e. Plaintiff James Johnson's case be severed and transferred to the Nashville Division of the United States District Court for the Middle District of Tennessee (Civil Case: 3:20-cv-2195); f. Plaintiff Coretha McCray's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil Case: 3:20-cv-2196); g. Plaintiff Orion Christy's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil Case: 3:20-cv-2197); h. Plaintiff Alice Pawelczyk's case is to be severed and transferred to the Harrisburg Division for the Middle District of Pennsylvania (Civil Case: 3:20-cv-2198); i. Plaintiff Pamela Smith's case be severed and transferred to the Jackson Division of the Southern District of Mississippi (Civil Case: 3:20-cv-2199). Plaintiff Dennis Grant 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 8/17/2020) (mjr) [Transferred from Texas Northern on 8/18/2020.]
August 14, 2020 Filing 25 RESPONSE filed by Bard Peripheral Vascular Inc, CR Bard Inc re: #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/18/2020.]
July 31, 2020 Filing 24 RESPONSE filed by Bard Peripheral Vascular Inc, CR Bard Inc, McKesson Corporation re: #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/18/2020.]
July 29, 2020 Filing 23 Appendix in Support filed by Orion Christy, Randy French, Catherine Grant, Dennis Grant, Shihee Hatchett, Karen Huskey, James Johnson, Coretha McCray, Alice Pawelczyk, Pamela Smith re #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.]
July 29, 2020 Filing 22 Brief/Memorandum in Support filed by Orion Christy, Randy French, Catherine Grant, Dennis Grant, Shihee Hatchett, Karen Huskey, James Johnson, Coretha McCray, Alice Pawelczyk, Pamela Smith re #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.]
July 29, 2020 Filing 21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Orion Christy, Randy French, Catherine Grant, Dennis Grant, Shihee Hatchett, Karen Huskey, James Johnson, Coretha McCray, Alice Pawelczyk, Pamela Smith (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.]
July 29, 2020 Filing 20 RESPONSE filed by Orion Christy, Randy French, Catherine Grant, Dennis Grant, Shihee Hatchett, Karen Huskey, James Johnson, Coretha McCray, Alice Pawelczyk, Pamela Smith re: #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.]
July 22, 2020 Filing 19 NOTICE of Filing Completed Forms for Each Plaintiff re: #17 Order, filed by Bard Peripheral Vascular Inc, CR Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from Texas Northern on 8/18/2020.]
July 22, 2020 Filing 18 NOTICE of Filing Completed Forms For Each Plaintiff filed by Orion Christy, Randy French, Catherine Grant, Dennis Grant, Shihee Hatchett, Karen Huskey, James Johnson, Coretha McCray, Alice Pawelczyk, Pamela Smith (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.]
July 16, 2020 Opinion or Order Filing 17 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 8/18/2020.]
July 1, 2020 Opinion or Order Filing 16 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 8/18/2020.]
June 29, 2020 Filing 15 MOTION for Extension of Time to File Response/Reply to #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction filed by Orion Christy, Randy French, Catherine Grant, Dennis Grant, Shihee Hatchett, Karen Huskey, James Johnson, Coretha McCray, Alice Pawelczyk, Pamela Smith (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.]
June 15, 2020 Filing 14 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) [Transferred from Texas Northern on 8/18/2020.]
June 15, 2020 Filing 13 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, CR Bard Inc (Matthews, Melissa) [Transferred from Texas Northern on 8/18/2020.]
June 15, 2020 Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/18/2020.]
June 15, 2020 Filing 11 Brief/Memorandum in Support filed by McKesson Corporation re #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 8/18/2020.]
June 15, 2020 Filing 10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/18/2020.]
June 10, 2020 Filing 9 AMENDED DOCUMENT by Bard Peripheral Vascular Inc. Amendment to #7 Cert. Of Interested Persons/Disclosure Statement. . (Matthews, Melissa) (Main Document 9 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/18/2020.]
June 10, 2020 Filing 8 AMENDED DOCUMENT by CR Bard Inc. Amendment to #6 Cert. Of Interested Persons/Disclosure Statement. . (Matthews, Melissa) (Main Document 8 replaced on 6/11/2020) (ykp). [Transferred from Texas Northern on 8/18/2020.]
June 10, 2020 Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) (Main Document 7 replaced with flattened on 6/11/2020) (ykp). [Transferred from Texas Northern on 8/18/2020.]
June 10, 2020 Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CR Bard Inc. (Matthews, Melissa) (Main Document 6 replaced with flattened on 6/11/2020) (ykp). [Transferred from Texas Northern on 8/18/2020.]
June 9, 2020 Opinion or Order Filing 5 ELECTRONIC ORDER: Civil action number 3:20-CV-1472-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 6/9/2020) (ctf) [Transferred from Texas Northern on 8/18/2020.]
June 8, 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 8/18/2020.]
June 8, 2020 Filing 3 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, CR Bard Inc re #2 MOTION to Dismiss for Lack of Jurisdiction (Matthews, Melissa) Modified Docket Text on 6/8/2020 (oyh). [Transferred from Texas Northern on 8/18/2020.]
June 8, 2020 Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, CR Bard Inc. (Matthews, Melissa) Modified Docket Text on 6/8/2020 (oyh). [Transferred from Texas Northern on 8/18/2020.]
June 8, 2020 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., McKesson Corporation, Bard Peripheral Vascular, Inc. (Filing fee $400; receipt number 0539-10896653) 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, #4 Exhibit(s) B - Mckesson Corporation, #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 to Bard Peripheral Vascular, Inc., #12 Exhibit(s) D-6 - Citation Issued to C.R. Bard, Inc., #13 Exhibit(s) D-7 - Citation Issued to McKesson Corporation, #14 Exhibit(s) D-8 - Notice of Dismissal Hearing, #15 Exhibit(s) D-9 - Affidavit of Service - McKesson, #16 Exhibit(s) D-10 - Return of Service - C.R. Bard, #17 Exhibit(s) D-11 - Return of Service - Bard Peripheral) (Matthews, Melissa) Modified Docket Text on 6/8/2020 (oyh). [Transferred from Texas Northern on 8/18/2020.]

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Plaintiff: Pamela Smith
Represented By: Darren McDowell
Represented By: Eric Martin Przybysz
Represented By: Steven Scott Schulte
Represented By: Steven S. Schulte - PHV
Represented By: David W. Shelton
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Defendant: CR Bard Inc
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: J. Carter Thompson, Jr.
Represented By: Elizabeth Ross Hadley
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Defendant: Does 1 through 100 Inclusive
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Defendant: McKesson Corporation
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: Elizabeth Ross Hadley
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Defendant: Bard Peripheral Vascular, Inc.
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: J. Carter Thompson, Jr.
Represented By: Elizabeth Ross Hadley
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