Laplante v. C R Bard Inc et al
| Robert LaPlante |
| McKesson Corporation, C R Bard Inc, Does 1 through 100 inclusive and Bard Peripheral Vascular, Inc. |
| 4:2020cv01087 |
| August 18, 2020 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| Henry Edward Autrey |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 nr |
| Both |
Docket Report
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This docket was last retrieved on September 1, 2020. A more recent docket listing may be available from PACER.
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Filing 37
Docket Text ORDER: Re: #36 Joint MOTION to Stay Proceedings by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Stubbs, Kara) filed by McKesson Corporation, C R Bard Inc, Bard Peripheral Vascular, Inc. ; GRANTED. MATTER IS STAYED UNTIL FEBRUARY 23, 2021. PARTIES TO FILE STATUS REPORT ON OR BEFORE FEBRUARY 23, 2021. SO ORDERED. ( Status Report due by 2/23/2021.) Signed by District Judge Henry Edward Autrey on September 1, 2020. (MCB)
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| Filing 36 Joint MOTION to Stay Proceedings by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Stubbs, Kara) |
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Filing 35
Docket Text ORDER: #31 STIPULATION for Dismissal Without Prejudice as to Defendant McKesson Corporation by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. ; SO ORDERED. McKesson Corporation terminated. Signed by District Judge Henry Edward Autrey on August 31, 2020. (MCB)
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Filing 34
Docket Text ORDER: Re: #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) filed by McKesson Corporation, #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) filed by C R Bard Inc, Bard Peripheral Vascular, Inc. ; DENIED AS MOOT. Signed by District Judge Henry Edward Autrey on August 31, 2020. (MCB)
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Filing 33
Docket Text ORDER: Re: #29 Amended MOTION to Withdraw as Attorney in Replacement of Dkt. 28 Motion to Withdraw ;attorney/firm Melissa Dorman Matthews by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Stubbs, Kara) filed by McKesson Corporation, C R Bard Inc, Bard Peripheral Vascular, Inc. ; ORDERED GRANTED. SO ORDERED.. Signed by District Judge Henry Edward Autrey on 08/28/2020. (AAT)
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Filing 32
Docket Text ORDER: Re: #28 MOTION to Withdraw as Attorney ;attorney/firm Melissa Dorman Matthews by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Stubbs, Kara) filed by McKesson Corporation, C R Bard Inc, Bard Peripheral Vascular, Inc. ; ORDERED DENIED AS MOOT.. Signed by District Judge Henry Edward Autrey on 08/28/2020. (AAT)
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| Filing 31 STIPULATION for Dismissal Without Prejudice as to Defendant McKesson Corporation by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Stubbs, Kara) |
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Filing 30
Docket Text ORDER: Re: #27 MOTION to Withdraw as Attorney ;attorney/firm Jordan E. Jarreau by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Stubbs, Kara) filed by McKesson Corporation, C R Bard Inc, Bard Peripheral Vascular, Inc., #26 MOTION to Withdraw as Attorney ;attorney/firm Jessica Junek by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Stubbs, Kara) filed by McKesson Corporation, C R Bard Inc, Bard Peripheral Vascular, Inc. ; ORDERED GRANTED. SO ORDERED., ( Attorney Jordan E Jarreau and Jessica Junek terminated.). Signed by District Judge Henry Edward Autrey on 08/28/2020. (AAT)
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| Filing 29 Amended MOTION to Withdraw as Attorney in Replacement of Dkt. 28 Motion to Withdraw ;attorney/firm Melissa Dorman Matthews by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Stubbs, Kara) |
| Filing 28 MOTION to Withdraw as Attorney ;attorney/firm Melissa Dorman Matthews by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Stubbs, Kara) |
| Filing 27 MOTION to Withdraw as Attorney ;attorney/firm Jordan E. Jarreau by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Stubbs, Kara) |
| Filing 26 MOTION to Withdraw as Attorney ;attorney/firm Jessica Junek by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Stubbs, Kara) |
| Filing 25 ENTRY of Appearance by Kara T. Stubbs for Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Stubbs, Kara) |
| Filing 24 ENTRY of Appearance by Nicole Y Silver for Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Silver, Nicole) |
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Filing 23
RULE 16 ORDER This case is assigned to Track: 2. Joint Scheduling Plan due by 9/2/2020. Rule 16 Conference set for 9/9/2020 10:00 AM in Telephone Conference in Chambers before District Judge Henry Edward Autrey. Signed by District Judge Henry Edward Autrey on August 19, 2020. (MCB)
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| Filing 22 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02223. Original file certified copy of transfer order and docket sheet received. Case transferred in electronically. |
| Case Opening Notification: Judge Assigned: Honorable Henry E. Autrey. Per Local Rule 12.01, attorneys who are not admitted to the Eastern District of Missouri do not need to apply for admission pro hac vice in order to practice on a case if they had already filed an entry of appearance before the case was transferred from another United States District Court. For more information, visit #attorney applications. (JWD) |
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Filing 21
MEMORANDUM OPINION AND ORDER granting #17 Unopposed 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 Patricia Carn's case be severed and transferred to the Harrisburg Division of the Middle District of Pennsylvania (Civil case 3:20-cv-2218-S); b. Plaintiff Stella Colbert's case be severed and transferred to the Jackson Division of the Western District of Tennessee (Civil case 3:20-cv-2219-S); c. Plaintiff William Creekmur's case be severed and transferred to the Paducah Division of the Western District of Kentucky (Civil case 3:20-cv-2220-S); d. Plaintiff Susan Dancy's case be severed and transferred to the Jackson Division of the Western District of Tennessee (Civil case 3:20-cv-2221-S); e. Plaintiff Markus Jackson's case be severed and transferred to the Cincinnati Division of the Southern District of Ohio (Civil case 3:20-cv-2222-S); f. Plaintiff Robert Laplante's case be severed and transferred to the St. Louis Division of the Eastern District of Missouri (Civil case 3:20-cv-2223-S); g. Plaintiff Carlos McPeak's case be severed and transferred to the Roanoke Division of the Western District of Virginia (Civil case 3:20-cv-2224-S); h. Plaintiff Barry McQuitty's case be severed and transferred to the Detroit Division of the Eastern District of Michigan (Civil case 3:20-cv-2225-S); i. Plaintiff Beverly Whitaker's case be severed and transferred to the Sacramento Division of the Eastern District of California (Civil case 3:20-cv-2226-S). Plaintiff Melvin Green 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) (axm)
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| Filing 20 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) |
| Filing 19 Appendix in Support filed by Patricia Carn, Stella Colbert, William Creekmur, Susan Dancy, Melvin Green, Markus Jackson, Robert LaPlante, Carlos McPeak, Barry McQuitty, Beverly Whitaker re #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) |
| Filing 18 Brief/Memorandum in Support filed by Patricia Carn, Stella Colbert, William Creekmur, Susan Dancy, Melvin Green, Markus Jackson, Robert LaPlante, Carlos McPeak, Barry McQuitty, Beverly Whitaker re #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) |
| Filing 17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Patricia Carn, Stella Colbert, William Creekmur, Susan Dancy, Melvin Green, Markus Jackson, Robert LaPlante, Carlos McPeak, Barry McQuitty, Beverly Whitaker (Schulte, Steven) |
| Filing 16 RESPONSE filed by Patricia Carn, Stella Colbert, William Creekmur, Susan Dancy, Melvin Green, Markus Jackson, Robert LaPlante, Carlos McPeak, Barry McQuitty, Beverly Whitaker re: #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 (Schulte, Steven) |
| Filing 15 NOTICE of Filing Completed Forms For Each Plaintiff filed by Patricia Carn, Stella Colbert, William Creekmur, Susan Dancy, Melvin Green, Markus Jackson, Robert LaPlante, Carlos McPeak, Barry McQuitty, Beverly Whitaker (Attachments: #1 Exhibit(s)) (Schulte, Steven) |
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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)
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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 Patricia Carn, Stella Colbert, William Creekmur, Susan Dancy, Melvin Green, Markus Jackson, Robert LaPlante, Carlos McPeak, Barry McQuitty, Beverly Whitaker (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
| Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Junek, Jessica) |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) |
| Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 10 replaced to flatten image on 6/16/2020) (dsr). |
| 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) |
| 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) |
| 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). |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Junek, Jessica) (Main Document 6 replaced with flattened document on 6/11/2020) (awc). |
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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)
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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. (hml) |
| 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) |
| 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) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10900275) 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 Executed Return of Service- C.R. Bard Inc., #15 Exhibit(s) D-9 Executed Return of Service - Bard Peripheral) (Junek, Jessica) |
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