Lee v. C R Bard Inc et al
Plaintiff: Alta Lee
Defendant: Does 1 through 100 inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular, Inc.
Case Number: 4:2020cv01107
Filed: August 20, 2020
Court: US District Court for the Eastern District of Missouri
Office: St. Louis Office
Presiding Judge: Audrey G Fleissig
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332nr
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 1, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 1, 2020 Opinion or Order Filing 38 Docket Text ORDER - IT IS HEREBY ORDERED that the parties' Agreed Motion to Temporarily Stay Proceedings is GRANTED: all pending deadlines in this case are STAYED until February 23, 2021, in order to permit the parties to engage in settlement discussions. ECF No. #37 . IT IS FURTHER ORDERED that on or before February 23, 2021, the parties shall file a status report advising the Court of the status of settlement discussions and, if appropriate, either dismissal papers or a motion to lift the stay in order to continue litigation. IT IS FURTHER ORDERED that the Rule 16 conference previously set for September 22, 2020 is CANCELED, to be reset, if appropriate, upon lifting of the stay. ( Status Report due by 2/23/2021). Signed by District Judge Audrey G. Fleissig on 9/1/2020. (JMP)
August 31, 2020 Filing 37 Joint MOTION to Stay Proceedings by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Stubbs, Kara)
August 31, 2020 Opinion or Order Filing 36 ORDER - IT IS HEREBY ORDERED that the parties' Joint Stipulation of Dismissal Without Prejudice as to Defendant McKesson Corporation is SO ORDERED. ECF No. #35 . Defendant McKesson Corporation, only, is DISMISSED without prejudice. IT IS FURTHER ORDERED that, for the reasons stated in the parties' Joint Stipulation, Defendants' motions to dismiss the out-of-state Plaintiffs' claims for lack of personal jurisdiction and to dismiss Defendant McKesson Corporation for lack of subject-matter jurisdiction are both DISMISSED as moot. ECF Nos. #2 & #8 . McKesson Corporation terminated. Signed by District Judge Audrey G. Fleissig on 8/31/2020. (JMP)
August 28, 2020 Filing 35 STIPULATION for Dismissal Without Prejudice as to Defendant McKesson Corporation by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Stubbs, Kara)
August 28, 2020 Opinion or Order Filing 34 Docket Text ORDER Re: #31 MOTION to Withdraw as Attorney ;attorney/firm Melissa Dorman Matthews by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation; ORDERED GRANTED. Attorney Melissa Dorman Matthews terminated. Signed by District Judge Audrey G. Fleissig on 8/28/2020. (AFC)
August 28, 2020 Opinion or Order Filing 33 Docket Text ORDER Re: #30 MOTION to Withdraw as Attorney ;attorney/firm Jordan E. Jarreau by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation; ORDERED GRANTED. Attorney Jordan E Jarreau terminated. Signed by District Judge Audrey G. Fleissig on 8/28/2020. (AFC)
August 28, 2020 Opinion or Order Filing 32 Docket Text ORDER Re: #29 MOTION to Withdraw as Attorney ;attorney/firm Jessica Junek by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation; ORDERED GRANTED. Attorney Jessica Junek terminated. Signed by District Judge Audrey G. Fleissig on 8/28/2020. (AFC)
August 27, 2020 Filing 31 MOTION to Withdraw as Attorney ;attorney/firm Melissa Dorman Matthews by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Stubbs, Kara)
August 27, 2020 Filing 30 MOTION to Withdraw as Attorney ;attorney/firm Jordan E. Jarreau by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Stubbs, Kara)
August 27, 2020 Filing 29 MOTION to Withdraw as Attorney ;attorney/firm Jessica Junek by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Stubbs, Kara)
August 26, 2020 Filing 28 ENTRY of Appearance by Kara T. Stubbs for Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Stubbs, Kara)
August 25, 2020 Filing 27 ENTRY of Appearance by Nicole Y Silver for Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Silver, Nicole)
August 24, 2020 Opinion or Order Filing 26 RULE 16 ORDER This case is assigned to Track: 2-Standard Joint Scheduling Plan due by 9/15/2020. Rule 16 Conference set for 9/22/2020 10:00 AM in Telephone Conference in Chambers before District Judge Audrey G. Fleissig.. Signed by District Judge Audrey G. Fleissig on 8/24/20. (KJS)
August 20, 2020 Case Opening Notification: Judge Assigned: Honorable Audrey G. Fleissig. 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)
August 20, 2020 Filing 25 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02328. Original file certified copy of transfer order and docket sheet received. Case transferred in electronically.
August 18, 2020 Opinion or Order Filing 24 MEMORANDUM OPINION AND ORDER #20 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 Richelle Gray's case be severed and transferred to the Lafayette Division of the Western District of Louisiana (Civil case 3:20-cv-2325-S opened); b. Plaintiff Johnathan Hendrix's case be severed and transferred to the Detroit Division of the Eastern District of Michigan (Civil case 3:20-cv-2326-S opened); c. Plaintiff Francis Hoffman's case be severed and transferred to the Beaumont Division of the Eastern District of Texas (Civil case 3:20-cv-2327-S opened); d. Plaintiff Alta Lee's case be severed and transferred to the St. Louis Division of the Eastern District of Missouri (Civil case 3:20-cv-2328-S opened); e. Plaintiff Yvonne Legree's case be severed and transferred to the Charleston Division of the District of South Carolina (Civil case 3:20-cv-2329-S opened); f. Plaintiff Tamika Small's case be severed and transferred to the District of Columbia (Civil case 3:20-cv-2330-S opened); g. Plaintiff Ramon Vargas's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2331-S opened); h. Plaintiff Russell Walker's case be severed and transferred to the Paducha Division of the Western District of Kentucky (Civil case 3:20-cv-2332-S opened); i. Plaintiff Frances Washburn's case be severed and transferred to the Dayton Division of the Southern District of Ohio (Civil case 3:20-cv-2333-S opened). Plaintiff Edward Rodriguez 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 8/18/2020) (axm)
August 14, 2020 Filing 23 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa)
July 31, 2020 Filing 22 Appendix in Support filed by Richelle Gray, Jonathan Hendrix, Francis Hoffman, Alta Lee, Yvonne Legree, Edward Rodriguez, Tamika Smalls, Ramon Vargas, Russell Walker, Frances Washburn re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven)
July 31, 2020 Filing 21 Brief/Memorandum in Support filed by Richelle Gray, Jonathan Hendrix, Francis Hoffman, Alta Lee, Yvonne Legree, Edward Rodriguez, Tamika Smalls, Ramon Vargas, Russell Walker, Frances Washburn re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven)
July 31, 2020 Filing 20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Richelle Gray, Jonathan Hendrix, Francis Hoffman, Alta Lee, Yvonne Legree, Edward Rodriguez, Tamika Smalls, Ramon Vargas, Russell Walker, Frances Washburn (Schulte, Steven)
July 31, 2020 Filing 19 RESPONSE filed by Richelle Gray, Jonathan Hendrix, Francis Hoffman, Alta Lee, Yvonne Legree, Edward Rodriguez, Tamika Smalls, Ramon Vargas, Russell Walker, Frances Washburn re: #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 (Schulte, Steven)
July 22, 2020 Filing 18 NOTICE of Filing Completed Forms for Each Plaintiff re: #16 Order Setting Deadline/Hearing, filed by Richelle Gray, Jonathan Hendrix, Francis Hoffman, Alta Lee, Yvonne Legree, Edward Rodriguez, Tamika Smalls, Ramon Vargas, Russell Walker, Frances Washburn (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven)
July 21, 2020 Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa)
July 16, 2020 Opinion or Order 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) Modified on 7/16/2020 (mla). Modified on 7/16/2020 (ndt).
July 16, 2020 Opinion or Order Filing 15 ***PLEASE DISREGARD WRONG CASE*** 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) Modified on 7/16/2020 (ndt).
July 1, 2020 Opinion or Order 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)
June 29, 2020 Filing 13 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 Richelle Gray, Jonathan Hendrix, Francis Hoffman, Alta Lee, Yvonne Legree, Edward Rodriguez, Tamika Smalls, Ramon Vargas, Russell Walker, Frances Washburn (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven)
June 17, 2020 Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 12 replaced to flatten image on 6/17/2020) (dsr).
June 17, 2020 Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Junek, Jessica)
June 17, 2020 Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica)
June 17, 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)
June 17, 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)
June 11, 2020 Opinion or Order Filing 7 ELECTRONIC ORDER: Civil action number 3:20-CV-1519-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 6/11/2020) (ctf)
June 10, 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (hml)
June 10, 2020 Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Junek, Jessica)
June 10, 2020 Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Junek, Jessica)
June 10, 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)
June 10, 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)
June 10, 2020 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc.. (Filing fee $400; receipt number 0539-10904573) 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 C. R. Bard, Inc., #12 Exhibit(s) D-6 Citation Issued Bard Peripheral, #13 Exhibit(s) D-7 Citation Issued McKesson, #14 Exhibit(s) D-8 Return of Service C.R. Bard Inc., #15 Exhibit(s) D-9 Return of Service Bard Peripheral) (Junek, Jessica)

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Defendant: Does 1 through 100 inclusive
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Defendant: McKesson Corporation
Represented By: Jessica Junek
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: Nicole Y Silver
Represented By: Kara T. Stubbs
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Defendant: C R Bard Inc
Represented By: Jessica Junek
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: Nicole Y Silver
Represented By: Kara T. Stubbs
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Defendant: Bard Peripheral Vascular, Inc.
Represented By: Jessica Junek
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: Nicole Y Silver
Represented By: Kara T. Stubbs
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Plaintiff: Alta Lee
Represented By: Darren Patrick McDowell
Represented By: Steven S. Schulte
Represented By: Eric M. Przybysz
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