Haley v. C R Bard Inc et al
| Melvin Haley |
| Does 1 through 100 Inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular, Inc. |
| 3:2020cv00587 |
| September 2, 2020 |
| US District Court for the Southern District of Mississippi |
| Northern (Jackson) Office |
| F Keith Ball |
| Daniel P Jordan |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Set/Reset Hearings: Status Conference set for 1/8/2021 at 10:30 AM before Magistrate Judge F. Keith Ball. (dcw) |
TEXT-ONLY ORDER granting #34 Joint Motion to Temporarily Stay Case. This matter is stayed until 1/7/2021 and set for a telephonic status conference before Magistrate Judge F. Keith Ball on 1/8/2021 at 10:30 a.m. Counsel for Plaintiff shall set up the conference and, once all the parties are on the line, contact the Court at 601-608-4460. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge F. Keith Ball on 9/21/2020. (dcw) Modified on 9/21/2020 (dcw).
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| Filing 37 Letter re-mailed to Darren McDowell, Esq. on 9/17/2020 requesting PHV motion, proposed order and fee. (VM) |
| Filing 36 Mail sent to Darren McDowell, Esq. Returned as Undeliverable as to #27 Pro Hac Vice Request Letter. (VM) |
| Filing 35 MEMORANDUM in Support re #34 MOTION to Stay Case filed by Bard Peripheral Vascular, Inc., C R Bard Inc (Hadley, Elizabeth) |
| Filing 34 MOTION to Stay Case by Bard Peripheral Vascular, Inc., C R Bard Inc (Hadley, Elizabeth) |
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Filing 33
ORDER granting #32 Stipulation of Dismissal without Prejudice as to Defendant McKesson Corporation. Defendant McKesson Corporation is dismissed, with each party to bear its own attorneys' fees and costs. This dismissal does not toll or extend any applicable statute of limitations. Signed by Chief District Judge Daniel P. Jordan III on September 14, 2020.(SP)
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| Filing 32 STIPULATION of Dismissal WITHOUT PREJUDICE AS TO DEFENDANT MCKESSON CORPORATION by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Hadley, Elizabeth) |
| Filing 31 NOTICE of Appearance by David W. Shelton on behalf of Melvin Haley (Shelton, David) |
| 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.) |
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TEXT-ONLY ORDER granting #29 Unopposed Motion to Withdraw as Attorney and to Substitute Attorney. Attorneys Melissa Dorman Matthews, Jordan E Jarreau, and Jessica Junek terminated. Attorney Elizabeth Ross Hadley is lead attorney for C.R. Bard, Inc.; Bard Peripheral Vascular, Inc.; and McKesson Corp. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge F. Keith Ball on 9/4/2020. (dcw)
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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 Jordan E. Jarreau, Esq., Jessica Junek, Esq., Melissa Dorman Matthews, Esq., Darren McDowell, Esq., Eric Martin Przybysz, Esq., Stephen Scott Schulte, Esq. on September 2, 2020, requesting PHV motion, proposed order and fee. (VM) |
| Filing 26 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02631. 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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