Hasselle v. CR Bard Inc et al
| Shirley Hasselle |
| CR Bard Inc, Bard Peripheral Vascular Incorporated, McKesson Corporation and Does 1 through 100 Inclusive |
| 3:2020cv00550 |
| August 18, 2020 |
| US District Court for the Southern District of Mississippi |
| Northern (Jackson) Office |
| Linda R Anderson |
| Henry T Wingate |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 18, 2020. A more recent docket listing may be available from PACER.
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TEXT ONLY ORDER granting parties' #40 #42 Joint Motion to Stay Proceedings for 90 days in order for the parties to pursue negotiations of global settlement. Deadlines stayed until 12/28/2020; counsel are to submit a written report and submit a proposed CMO on or before 12/28/2020 if the case has not settled before that date. NO WRITTEN ORDER TO FOLLOW. Signed by Magistrate Judge Linda R. Anderson on 9/18/2020. (ACF)
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| Filing 42 Amended MOTION to Amend/Correct #40 MOTION to Stay Case by Bard Peripheral Vascular Incorporated, CR Bard Inc (Hadley, Elizabeth) |
| Filing 41 MEMORANDUM in Support re #40 MOTION to Stay Case filed by Bard Peripheral Vascular Incorporated, CR Bard Inc (Hadley, Elizabeth) |
| Filing 40 MOTION to Stay Case by Bard Peripheral Vascular Incorporated, CR Bard Inc (Hadley, Elizabeth) |
| Filing 39 Letter sent to Darren McDowell, Esq. on 9/15/2020 requesting PHV motion, proposed order and fee. (PG) |
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Filing 38
ORDER granting #33 Motion to Withdraw as Attorney. Attorney Melissa Dorman Matthews; Jordan E Jarreau and Jessica Junek terminated; granting #33 Motion to Substitute Attorney. Attorney Melissa Dorman Matthews; Jordan E Jarreau and Jessica Junek terminated Signed by Magistrate Judge Linda R. Anderson on 9/15/20 (Lewis, Nijah)
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Filing 37
ORDER GRANTING re #36 JOINT STIPULATION FOR DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANT MCKESSON CORPORATION: IT IS THEREFORE ORDERED that said Stipulation is GRANTED and the defendant McKesson Corporation is dismissed, with each party to bear its own attorneys' fees and cost. This dismissal does not toll or extend any applicable statute of limitations. Signed by District Judge Henry T. Wingate on 9/13/2020 (LAT)
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| Filing 36 STIPULATION of Dismissal WITHOUT PREJUDICE AS TO DEFENDANT MCKESSON CORPORATION by Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation (Hadley, Elizabeth) |
| Filing 35 NOTICE of Appearance by David W. Shelton on behalf of Shirley Hasselle (Shelton, David) |
| Filing 34 Mail Returned as Undeliverable as to #30 Pro Hac Vice Request Letter. Mail sent to Darren McDowell, Esq. (PG) |
| Filing 33 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 Incorporated, CR Bard Inc, McKesson Corporation (Hadley, Elizabeth) |
| Filing 32 Rule 16(a) Initial Order Telephonic Case Management Conference set for 10/7/2020 09:30 AM before Magistrate Judge Linda R. Anderson. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e-mail to anderson_chambers@mssd.uscourts.gov. Counsel for Plaintiff shall initiate the conference call; and once all parties are on the line, contact the Court at 601-608-4440. (Lewis, Nijah) |
| Filing 31 NOTICE of Appearance by J. Carter Thompson, Jr on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc (Thompson, J.) |
| Filing 30 Letter sent to Jordan E. Jarreau, Esq., Jessica Junek, Esq., Melissa Dorman Matthews, Esq., Darren McDowell, Esq., Eric Martin Przybysz, Esq. & Steven Scott Schulte, Esq. on August 21, 2020 requesting PHV motion, proposed order and fee.(LAT) |
| Filing 29 NOTICE of Appearance by Elizabeth Ross Hadley on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation (Hadley, Elizabeth) |
| Filing 28 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02212. Original file certified copy of transfer order and docket sheet received. |
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Filing 27
MEMORANDUM OPINION AND ORDER granting #24 Unopposed Amended Motion to Sever and Transfer Venue of Out-of-State Plaintiff' Cases. The Court directs the Clerk of the Court to sever and transfer this action as follows: a. Plaintiff Johnetta Ateman case be severed and transferred to the Peoria Division of the Central District of Illinois (Civil case 3:20-cv-2209-S opened); b. Plaintiff Ronald Girardin case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2210-S opened); c. Plaintiff Kyla Ferguson's case be severed and transferred to the Kansas City Division of the Western District of Missouri (Civil case 3:20-cv-2211-S opened); d. Plaintiff Shirley Hasselle's case be severed and transferred to the Jackson Division of the Southern District of Mississippi (Civil case 3:20-cv-2212-S opened);e. Plaintiff Kimberly Kennebrew's case be severed and transferred to the Binghamton Division of the Northern District of New York (Civil case 3:20-cv-2213-S opened);f. Plaintiff Angie Lewis's case be severed and transferred to the Savannah of the Southern District of Georgia (Civil case 3:20-cv-2214-S opened);g. Plaintiff Carl Martin's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (Civil case 3:20-cv-2215-S opened);h. Plaintiff Harry Stoner's case be severed and transferred to the Erie Division of the Western District of Pennsylvania (Civil case 3:20-cv-2216-S opened);i. Plaintiff Steve Urevith's case be severed and transferred to the Southern District of New York (Civil case 3:20-cv-2217-S opened); (Ordered by Judge Karen Gren Scholer on 8/17/2020) (axm) [Transferred from Texas Northern on 8/18/2020.]
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| Filing 26 RESPONSE filed by Bard Peripheral Vascular Incorporated, CR Bard Inc re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #24 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 25 Brief/Memorandum in Support filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith re #24 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 24 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 23 RESPONSE filed by Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 22 Appendix in Support filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith 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 8/18/2020.] |
| Filing 21 Brief/Memorandum in Support filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 19 RESPONSE filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith re: #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 18 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Incorporated, CR Bard Inc, Does 1 through 100 Inclusive, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
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Filing 16
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 8/18/2020.]
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Filing 15
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.]
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| Filing 14 MOTION for Extension of Time to File Response/Reply to #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 13 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction as Amended (Junek, Jessica) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, CR Bard Inc (Junek, Jessica) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from Texas Northern on 8/18/2020.] |
| 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 8/18/2020.] |
| 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 8/18/2020.] |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Junek, Jessica) (Main Document 7 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/18/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CR Bard Inc. (Junek, Jessica) (Main Document 6 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/18/2020.] |
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Filing 5
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 6/9/2020) (chmb) [Transferred from Texas Northern on 8/18/2020.]
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| 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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from Texas Northern on 8/18/2020.] |
| 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 8/18/2020.] |
| Filing 2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by Bard Peripheral Vascular Inc, CR Bard Inc. (Junek, Jessica) [Transferred from Texas Northern on 8/18/2020.] |
| Filing 1 NOTICE OF REMOVAL filed by CR Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10897065) 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 - Portions of REACH Agreement (redacted), #4 Exhibit(s) B - McKesson, #5 Exhibit(s) C - 8-30-16 Romney, Kim Depositio, #6 Exhibit(s) D - Index of State 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 to Bard Peripheral Inc, #11 Exhibit(s) D-5 Citation Issued to C.R. Bard, Inc., #12 Exhibit(s) D-6 Citation Issued to McKesson, #13 Exhibit(s) D-7 Executed Affidavit of Service - McKesson, #14 Exhibit(s) D-8 Return of Service C.R. Bard, #15 Exhibit(s) D-9 Return of Service Bard Peripheral Vascular) (Junek, Jessica) Modified Docket Text on 6/9/2020 (oyh). [Transferred from Texas Northern on 8/18/2020.] |
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