Payne v. C R Bard Inc et al
| Shai Payne |
| Does 1 through 100 inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular, Inc. |
| 4:2020cv01188 |
| September 2, 2020 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| Audrey G Fleissig |
| David D Noce |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 nr |
| Both |
Docket Report
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This docket was last retrieved on October 8, 2020. A more recent docket listing may be available from PACER.
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Filing 38
Docket Text ORDER: Re: #34 STIPULATION for Dismissal Without Prejudice as to Defendant McKesson Corporation by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Stubbs, Kara) ; SO ORDERED, except that the Court dismisses doc #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction as moot, as opposed to Doc. No. #2 . Signed by District Judge Audrey G. Fleissig on 10/8/20. (KJS) (Entered: 10/08/2020)
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Filing 37
ORDER: IT IS HEREBY ORDERED that the parties' Agreed Motion to Temporarily Stay Proceedings is GRANTED. ECF No. #35 . All pending deadlines in this case are STAYED until February 23, 2021, in order to permit the parties to engage in settlement discussions. 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 motions to withdraw as Defendants' counsel, filed by Melissa Matthews, Jessica Junek, and Jordan Jarreau, are GRANTED. ECF No. #31 , #32 , #33 . ( Status Report due by 2/23/2021.), Attorney Melissa Dorman Matthews; Jordan E Jarreau and Jessica Junek terminated. Signed by District Judge Audrey G. Fleissig on 9/14/2020. (AFC)
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| Filing 36 CJRA ORDER (GJL). Magistrate Judge David D. Noce termed. IT IS HEREBY ORDERED that the above styled cause is randomly reassigned from Magistrate Judge David D. Noce to District Judge Audrey G. Fleissig for all further proceedings. (JMP) |
| Filing 35 Joint MOTION to Stay Proceedings by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Stubbs, Kara) |
| Filing 34 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 33 MOTION to Withdraw as Attorney for Jordan E. Jarreau ;attorney/firm Jordan E. Jarreau by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Stubbs, Kara) |
| Filing 32 MOTION to Withdraw as Attorney for Jessica Junek ;attorney/firm Jessica Junek by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Stubbs, Kara) |
| Filing 31 MOTION to Withdraw as Attorney for Melissa Dorman Matthews ;attorney/firm Melissa Dorman Matthews by Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Stubbs, Kara) |
| Filing 30 ENTRY of Appearance by Kara T. Stubbs for Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Stubbs, Kara) |
| Filing 29 ENTRY of Appearance by Nicole Y Silver for Defendants Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Silver, Nicole) |
| Filing 28 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (FLJ) |
| Filing 27 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02623. Original file certified copy of transfer order and docket sheet received. Case transferred in electronically. |
| Case Opening Notification: All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. Judge Assigned: Honorable David D. Noce. 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. (MFG) |
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Filing 26
MEMORANDUM OPINION AND ORDER Grants #20 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 Denise Cheeks's case be severed and transferred to the Alexandria Division of the Eastern District of Virginia (3:20-cv-2620 case opened); b. Plaintiff Stephanie McDade's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (3:20-cv-2621 case opened); c. Plaintiff Adrian Murray's case be severed and transferred to the Southern Division of the Western District of Missouri (3:20-cv-2622 case opened); d. Plaintiff Shai Payne's case be severed and transferred to the Eastern Division of the Eastern District of Missouri (3:20-cv-2623 case opened); e. Plaintiff Merline Salmon's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (3:20-cv-2624 case opened); f. Plaintiff Melvin Smith's case be severed and transferred to the Eastern Division of the Northern District of Alabama (3:20-cv-2625 case opened); g. Plaintiff Robin Smith's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (3:20-cv-2626); and h. Plaintiff Sharon Spangler's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (3:20-cv-2627 case opened). Plaintiff Sharon Lynch is the sole plaintiff with any connection to this forum. Accordingly, she shall remain in the Dallas Division of the Northern District of Texas. (Ordered by Judge Karen Gren Scholer on 8/31/2020) (mjr)
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Filing 25
ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Janice Newson's claims against Defendants. The parties shall bear their own costs. Party Janice Newson terminated. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (axm)
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| Filing 24 Supplemental RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #20 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 23 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #20 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) |
| Filing 22 Appendix in Support filed by Denise Cheeks, Stephanie McDade, Adrian Murray, Janice Newson, Shai Payne, Merline Salmon, Melvin Smith, Robin Smith, Sharon Spangler re #20 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) |
| Filing 21 Brief/Memorandum in Support filed by Denise Cheeks, Stephanie McDade, Adrian Murray, Janice Newson, Shai Payne, Merline Salmon, Melvin Smith, Robin Smith, Sharon Spangler re #20 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) |
| Filing 20 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division filed by Denise Cheeks, Stephanie McDade, Adrian Murray, Janice Newson, Shai Payne, Merline Salmon, Melvin Smith, Robin Smith, Sharon Spangler (Attachments: #1 Proposed Order) (Schulte, Steven) Modified on 8/26/2020 (ali). |
| Filing 19 RESPONSE AND OBJECTION filed by Denise Cheeks, Sharon Lynch, Stephanie McDade, Adrian Murray, Janice Newson, Shai Payne, Merline Salmon, Melvin Smith, Robin Smith, Sharon Spangler re: #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) |
| Filing 18 **DISREGARD- incorrect case number.** RESPONSE AND OBJECTION filed by Denise Cheeks, Sharon Lynch, Stephanie McDade, Adrian Murray, Janice Newson, Shai Payne, Merline Salmon, Melvin Smith, Robin Smith, Sharon Spangler re: #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) Modified on 8/4/2020 (dsr). |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Denise Cheeks, Sharon Lynch, Stephanie McDade, Adrian Murray, Janice Newson, Shai Payne, Merline Salmon, Melvin Smith, Robin Smith, Sharon Spangler (Attachments: #1 Exhibit(s)) (Schulte, Steven) |
| Filing 16 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) |
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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 Denise Cheeks, Sharon Lynch, Stephanie McDade, Adrian Murray, Janice Newson, Shai Payne, Merline Salmon, Melvin Smith, Robin Smith, Sharon Spangler (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 6/15/2020) (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 0539-10911897) 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 Notice of Initial Dismissal Hearing, #17 Exhibit(s) D-11 Return of Service - Bard Peripheral) (Junek, Jessica) |
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