Henry v. C R Bard Inc et al
| Karla Henry |
| McKesson Corporation, C R Bard Inc, Does 1 through 100 inclusive and Bard Peripheral Vascular, Inc. |
| 4:2020cv01175 |
| August 28, 2020 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| Stephen R Clark |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 nr |
| Both |
Docket Report
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This docket was last retrieved on October 23, 2020. A more recent docket listing may be available from PACER.
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Filing 46
Docket Text ORDER: The Court denies #45 Joint Motion to Amend/Correct Adopted Applicable MDL Orders without prejudice. The Court instructs the parties to refile an addendum that amends the Protective Order to comply with this Court's requirements. Specifically, the Protective Order must be amended to state that the Courts jurisdiction over this matter ends at the close of the case and must provide a date within 30 days of the final disposition when sealed documents will be unsealed. All other language in the MDL Orders and Addendum must be consistent with these instructions. Signed by District Judge Stephen R. Clark on 10/23/20. (JAB)
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| Filing 45 Joint MOTION to Amend/Correct Adopted Applicable MDL Orders by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc. (Attachments: #1 Attachment Addendum to the MDL Orders, #2 Exhibit A - CMO 14 - Deposition Protocols)(Stubbs, Kara) |
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Filing 44
Docket Text ORDER: As directed at the Rule 16 Conference, parties must file submissions addressing the proposed supplemental orders no later than October 9, 2020. Signed by District Judge Stephen R. Clark on 9/25/2020. (CLO)
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| Filing 43 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Stephen R. Clark: Rule 16 Conference held on 9/25/2020. Conference held by Zoom teleconference. CMO to issue. (Notice only, no.pdf attached.). (proceedings started: 12:00 pm) (proceedings ended: 12:24 pm)(Appearance for Plaintiff: Steve Schulte)(Appearance for Defendant: Kara T. Stubbs and Lori G. Cohen) (CLO) |
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Filing 42
Docket Text ORDER: The Court GRANTS #38 Defendants' Motion to Reschedule Rule 16 Conference. The Rule 16 Conference is reset for Friday, September 25, 2020 at 12:00 p.m. via Zoom. Conference participants will receive an email with a link to join the Zoom conference. Lead trial counsel must participate in the conference. ( Rule 16 Conference set for 9/25/2020 12:00 PM in Zoom Video Conference before District Judge Stephen R. Clark.) Signed by District Judge Stephen R. Clark on 9/18/20. (JAB)
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| Filing 41 JOINT SCHEDULING PLAN by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc. . (Stubbs, Kara) |
| Filing 40 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc. Parent companies: Becton, Dickinson and Company, Subsidiaries: Bard Peripheral Vascular, Inc. and C. R. Bard, Inc., Publicly held company: Becton, Dickinson and Company,. (Stubbs, Kara) |
| Filing 39 ENTRY of Appearance by Lori Cohen for Defendants Bard Peripheral Vascular, Inc., C R Bard Inc. (Cohen, Lori) |
| Filing 38 MOTION to Amend/Correct for Rescheduling Rule 16 Conference by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc. (Stubbs, Kara) |
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Filing 37
ORDER SETTING RULE 16 CONFERENCE: IT IS HEREBY ORDERED that the following schedule shall apply: 1. Scheduling Conference: A Scheduling Conference, pursuant to Fed. R. Civ. P. 16, is set for Wednesday, September 23, 2020 at 2:00 p.m. CT by Zoom. Conference participants will receive an email with a link to join the Zoom conference. Lead trial counsel must participate in the conference. At the scheduling conference counsel will be expected to discuss in detail all matters covered by Fed. R. Civ. P. 16, as well as all matters set forth in their joint proposed scheduling plan described in paragraph 3, and a firm and realistic trial setting will be established at or shortly after the conference. (SEE ORDER FOR DETAILS.) (Joint Scheduling Plan due by 9/11/2020. Rule 16 Conference set for 9/23/2020 02:00 PM in Zoom Video Conference before District Judge Stephen R. Clark.). Signed by District Judge Stephen R. Clark on 9/3/2020. (SMM)
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Filing 36
Docket Text ORDER: IT IS HEREBY ORDERED that #33 Defendant's Joint Motion to Stay Proceedings is DENIED. An Order setting the Rule 16 Conference shall be forthcoming. Signed by District Judge Stephen R. Clark on 9/3/20. (JAB)
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Filing 35
Docket Text ORDER: Defendant McKesson Corporation is dismissed without prejudice, pursuant to the parties' #32 Joint Stipulation for Dismissal Without Prejudice as to Defendant McKesson Corporation. The Court denies #8 McKesson Corporation's Motion to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction as moot. McKesson Corporation (a Corporation) terminated. Signed by District Judge Stephen R. Clark on 9/2/20. (JAB)
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Filing 34
Docket Text ORDER: Re: #29 MOTION to Withdraw as Attorney ;attorney/firm Melissa Dorman Matthews by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation, #30 MOTION to Withdraw as Attorney ;attorney/firm Jessica Junek by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation, #31 MOTION to Withdraw as Attorney ;attorney/firm Jordan E. Jarreau by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation; ORDERED GRANTED. Signed by District Judge Stephen R. Clark on 9/2/2020. (SMM)
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| Filing 33 Joint MOTION to Stay Proceedings by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Stubbs, Kara) |
| Filing 32 STIPULATION for Dismissal Without Prejudice as to Defendant McKesson Corporation by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Stubbs, Kara) |
| Filing 31 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 30 MOTION to Withdraw as Attorney ;attorney/firm Jessica Junek by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Stubbs, Kara) |
| Filing 29 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 28 ENTRY of Appearance by Nicole Y Silver for Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Silver, Nicole) |
| Filing 27 ENTRY of Appearance by Kara T. Stubbs for Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Stubbs, Kara) |
| Judge Clark enters a Standing Order in all of his cases as follows: See Order for details #https://www.moed.uscourts.gov/judge/stephen-r-clark (JAB) |
| Filing 26 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02557. Original file certified copy of transfer order and docket sheet received. Case transferred in electronically. |
| Case Opening Notification: Judge Assigned: Honorable Stephen R. Clark. 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 25
MEMORANDUM OPINION AND ORDER grants #19 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 Sharon Dyess's case be severed and transferred to the Charleston Division of the Southern District of West Virginia (Civil case 3:20-cv-2553 opened); b. Plaintiff Robert Fix's case be severed and transferred to the Fresno Division of the Eastern District of California (Civil case 3:20-cv-2554 opened); c. Plaintiff Susan Gentile's case be severed and transferred to the Eastern Division of the Northern District of Illinois (Civil case 3:20-cv-2555 opened); d. Plaintiff Michael Gerrow's case be severed and transferred to the Northern Division of the Eastern District of Michigan (Civil case 3:20-cv-2556 opened); e. Plaintiff Karla Henry's case be severed and transferred to the Eastern Division of the Eastern District of Missouri (Civil case 3:20-cv-2557 opened); f. Plaintiff Wanda Kingsland's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2558 opened); g. Plaintiff Joyce Mock's case be severed and transferred to the Savannah Division of the Southern District of Georgia (Civil case 3:20-cv-2559 opened); h. Plaintiff Willie James Walker's case be severed and transferred to the Southern Division of the Southern District of Mississippi (Civil case 3:20-cv-2560 opened). Plaintiff Beverly Jarvis is the sole plaintiff with any connection of this forum. Accordingly, she shall remain in the Dallas Division of the Northern District of Texas. (Ordered by Judge Karen Gren Scholer on 8/27/2020) (jmg)
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Filing 24
ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Anne Ware's claims against Defendants. The parties shall bear their own costs. Party Anne Ware terminated. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (axm)
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| Filing 23 Supplemental RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) Modified title on 8/25/2020 (awc). |
| Filing 22 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) |
| Filing 21 Appendix in Support filed by Sharon Dyess, Robert Fix, Susan Gentile, Michael Gerow, Karla Henry, Wanda Kingsland, Joyce Mock, Willie James Walker, Anne Ware re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) |
| Filing 20 Brief/Memorandum in Support filed by Sharon Dyess, Robert Fix, Susan Gentile, Michael Gerow, Karla Henry, Wanda Kingsland, Joyce Mock, Willie James Walker, Anne Ware re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) |
| Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division filed by Sharon Dyess, Robert Fix, Susan Gentile, Michael Gerow, Karla Henry, Wanda Kingsland, Joyce Mock, Willie James Walker, Anne Ware (Attachments: #1 Proposed Order) (Schulte, Steven) |
| Filing 18 RESPONSE AND OBJECTION filed by Sharon Dyess, Robert Fix, Susan Gentile, Michael Gerow, Karla Henry, Beverly Jarvis, Wanda Kingsland, Joyce Mock, Willie James Walker, Anne Ware re: #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) |
| Filing 16 NOTICE of Filling Completed Forms For Each Plaintiff filed by Sharon Dyess, Robert Fix, Susan Gentile, Michael Gerow, Karla Henry, Beverly Jarvis, Wanda Kingsland, Joyce Mock, Willie James Walker, Anne Ware (Attachments: #1 Exhibit(s)) (Schulte, Steven) |
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Filing 15
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)
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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 Sharon Dyess, Robert Fix, Susan Gentile, Michael Gerow, Karla Henry, Beverly Jarvis, Wanda Kingsland, Joyce Mock, Willie James Walker, Anne Ware (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 12 replaced with the document flattened on 6/18/2020) (pnp). |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Junek, Jessica) |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) |
| 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) |
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Filing 7
ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge Jane J. Boyle no longer assigned to case. (Ordered by Judge Jane J. Boyle on 6/12/2020) (svc)
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| 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) |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Junek, Jessica) |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Junek, Jessica) |
| 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 0539-10909274) 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 Return of Service C.R. Bard Inc., #15 Exhibit(s) D-9 Notice of Dismissal Hearing, #16 Exhibit(s) D-10 Return of Service - Bard Peripheral) (Junek, Jessica) |
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