Cunningham v. Becton, Dickinson and Company et al
| Jean Cunningham |
| Becton Dickinson and Company, C.R. Bard Inc., Bard Access Systems, Inc. and Does 1 through 10 |
| 4:2023cv00981 |
| August 8, 2023 |
| US District Court for the Eastern District of Missouri |
| Sarah E Pitlyk |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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| ***REMARK: Case transferred from Missouri Eastern has been opened in DISTRICT OF ARIZONA as case 2:23-cv-01625, filed 08/11/2023. (JWD) |
Filing 38
ORDER OF MDL TRANSFER to: District of Arizona. Case transferred via CM/ECF extraction. Signed by Karen K. Caldwell, Chair of the MDL Panel on 8/9/23. (JWD)
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| Filing 37 INITIAL TRANSFER ORDER with a Schedule A attached regarding MDL 3081 by Clerk of the Panel. Signed by Chair of the Panel Karen H. Caldwell on 08/08/2023. (JBH) |
| Filing 36 Case transferred in from District of Missouri Western; Case Number 2:23-cv-04087. Original file certified copy of transfer order and docket sheet received. Case transferred in electronically. |
| Case Opening Notification. Judge Assigned: Honorable Sarah E. Pitlyk. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible. # (moed-0001.pdf). 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. (JBH) |
| Filing 35 CLERK'S JUDGMENT (Diefenbach, Tracy) |
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Filing 34
ORDERED Defendant Becton, Dickinson and Company, C.R. Bard, Inc., and Bard Access Systems, Inc.'s motion to dismiss (Doc. #9) is DENIED AS MOOT. ORDERED Defendant Becton, Dickinson and Company, C.R. Bard, Inc., and Bard Access Systems, Inc.'s motion to dismiss (Doc. #22) is GRANTED IN PART and the above-captioned matter is TRANSFERRED to the Eastern District of Missouri. Signed on 8/1/23 by District Judge Brian C. Wimes. (Diefenbach, Tracy)
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Filing 33
ORDER granting #32 motion to appear pro hac vice entered by Clerk of Court. Attorney Wilfred P. Coronato for Bard Access Systems, Inc., Becton, Dickinson and Company and C.R. Bard Inc. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
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| Filing 32 Motion to allow Wilfred P. Coronato to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8556790) filed by Cailynn Danielle Hayter on behalf of Bard Access Systems, Inc., Becton, Dickinson and Company, C.R. Bard Inc.. (Hayter, Cailynn) |
| NOTICE OF HEARING CANCELLATION - The Scheduling Conference scheduled for 8/1/2023 09:00 AM has been cancelled. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) |
| Filing 31 REPLY SUGGESTIONS to motion re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Robert T. Adams on behalf of Defendants Bard Access Systems, Inc., Becton, Dickinson and Company, C.R. Bard Inc.. (Related document(s) #22 ) (Adams, Robert) |
| Filing 30 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Robert T. Adams on behalf of Defendants Bard Access Systems, Inc., Becton, Dickinson and Company, C.R. Bard Inc..(Adams, Robert) |
| Filing 29 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Chelsea E Dickerson on behalf of Plaintiff Jean Cunningham.(Dickerson, Chelsea) |
| Filing 28 REPLY SUGGESTIONS to motion re #20 MOTION to stay filed by Chelsea E Dickerson on behalf of Plaintiff Jean Cunningham. (Related document(s) #20 ) (Dickerson, Chelsea) |
| Filing 27 Joint PROPOSED SCHEDULING ORDER by Jean Cunningham. (Dickerson, Chelsea) |
| Filing 26 AMENDED NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR DEADLINES AND REQUIREMENTS.Notice of MAP assignment to Program Director. (Attachments: #1 MAP General Order)(Berner, Crystal) |
| Filing 25 SUGGESTIONS in opposition to motion re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Adam M. Evans on behalf of Plaintiff Jean Cunningham. Reply suggestions due by 7/25/2023 unless otherwise directed by the court. (Evans, Adam) Modified on 7/12/2023 to reflect correct docket event. NEF regenerated (Warren, Melissa). |
| Filing 24 SUGGESTIONS in opposition re #20 MOTION to stay filed by Robert T. Adams on behalf of Defendants Bard Access Systems, Inc., Becton, Dickinson and Company, C.R. Bard Inc.. Reply suggestions due by 7/19/2023 unless otherwise directed by the court. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) #20 ) (Adams, Robert) |
| Filing 23 SUGGESTIONS in support re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Robert T. Adams on behalf of Defendants Bard Access Systems, Inc., Becton, Dickinson and Company, C.R. Bard Inc.. (Attachments: #1 Exhibit A. Complaint Redline)(Related document(s) #22 ) (Adams, Robert) |
| Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Robert T. Adams on behalf of Bard Access Systems, Inc., Becton, Dickinson and Company, C.R. Bard Inc.. Suggestions in opposition/response due by 7/10/2023 unless otherwise directed by the court. (Adams, Robert) |
| Filing 21 SUGGESTIONS in support re #20 MOTION to stay filed by Chelsea E Dickerson on behalf of Plaintiff Jean Cunningham. (Attachments: #1 Exhibit 1 - Motion to Transfer)(Related document(s) #20 ) (Dickerson, Chelsea) |
| Filing 20 MOTION to stay filed by Chelsea E Dickerson on behalf of Jean Cunningham. Suggestions in opposition/response due by 7/5/2023 unless otherwise directed by the court. (Attachments: #1 Exhibit 1 - Motion to Transfer, #2 Exhibit 2 - Memo in Support of Motion to Transfer)(Dickerson, Chelsea) |
| Filing 19 AMENDED COMPLAINT against All Defendants filed by Chelsea E Dickerson on behalf of Jean Cunningham.(Dickerson, Chelsea) |
| Filing 18 DISCLOSURE OF CORPORATE INTERESTS filed by Robert T. Adams on behalf of Defendants Bard Access Systems, Inc., Becton, Dickinson and Company, C.R. Bard Inc..(Adams, Robert) |
| Filing 17 DISCLOSURE OF CORPORATE INTERESTS filed by Robert T. Adams on behalf of Defendants Bard Access Systems, Inc., Becton, Dickinson and Company, C.R. Bard Inc..(Adams, Robert) |
| Filing 16 DISCLOSURE OF CORPORATE INTERESTS filed by Robert T. Adams on behalf of Defendants Bard Access Systems, Inc., Becton, Dickinson and Company, C.R. Bard Inc..(Adams, Robert) |
| Filing 15 NOTICE of appearance by Chelsea E Dickerson on behalf of Jean Cunningham (Attorney Chelsea E Dickerson added to party Jean Cunningham(pty:pla))(Dickerson, Chelsea) (Main Document 15 replaced on 6/8/2023 to reflect correct document.) (Warren, Melissa). |
| Filing 14 RETURN OF SERVICE of complaint executed by Jean Cunningham. Bard Access Systems, Inc. served on 5/8/2023, answer due 5/30/2023. (Evans, Adam) |
| Filing 13 RETURN OF SERVICE of complaint executed by Jean Cunningham. C.R. Bard Inc. served on 5/9/2023, answer due 5/30/2023. (Evans, Adam) |
| Filing 12 RETURN OF SERVICE of complaint executed by Jean Cunningham. Becton, Dickinson and Company served on 5/9/2023, answer due 5/30/2023. (Evans, Adam) |
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Filing 11
RULE 16 NOTICE. Proposed scheduling order due by 7/18/2023. Scheduling Conference set for 8/1/2023 09:00 AM by telephone before District Judge Brian C. Wimes. Signed on 5/31/23 by District Judge Brian C. Wimes. (Diefenbach, Tracy)
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| Filing 10 SUGGESTIONS in support re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Robert T. Adams on behalf of Defendants Bard Access Systems, Inc., Becton, Dickinson and Company, C.R. Bard Inc.. (Attachments: #1 Exhibit A)(Related document(s) #9 ) (Adams, Robert) |
| Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Robert T. Adams on behalf of Bard Access Systems, Inc., Becton, Dickinson and Company, C.R. Bard Inc.. Suggestions in opposition/response due by 6/13/2023 unless otherwise directed by the court. (Adams, Robert) |
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Filing 8
ORDERED Defendants' motion to exceed the page limit (Doc. #7 ) is GRANTED IN PART. Defendants may file suggestions in support of their motion to dismiss up to 20 pages in length. Signed on 5/26/2023 by District Judge Brian C. Wimes. (Ellis, Lindsey)
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| Filing 7 Consent MOTION for leave to file excess pages in support of motion to dismiss filed by Cailynn Danielle Hayter on behalf of Bard Access Systems, Inc., Becton, Dickinson and Company, C.R. Bard Inc.. Suggestions in opposition/response due by 6/7/2023 unless otherwise directed by the court. (Hayter, Cailynn) |
| Filing 6 NOTICE of appearance by Cailynn Danielle Hayter on behalf of Bard Access Systems, Inc., Becton, Dickinson and Company, C.R. Bard Inc. (Attorney Cailynn Danielle Hayter added to party Bard Access Systems, Inc.(pty:dft), Attorney Cailynn Danielle Hayter added to party Becton, Dickinson and Company(pty:dft), Attorney Cailynn Danielle Hayter added to party C.R. Bard Inc.(pty:dft))(Hayter, Cailynn) |
| Filing 5 NOTICE OF REASSIGNMENT from Magistrate Judge Willie J. Epps, Jr. to District Judge Brian C. Wimes. This case number shall now read: 2:23-cv-04087-BCW. (Berner, Crystal) |
| NOTICE OF MAGISTRATE JUDGE ASSIGNMENT as to defendant; Beckton, Dickinson and Company, C.R. Bard Inc. and Bard Access Systems, Inc.: All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge assignment. Click # here for instructions. Form due by 6/5/2023 unless otherwise directed by the court. (Berner, Crystal) |
| Filing 4 NOTICE of appearance by Christopher P Gramling on behalf of Bard Access Systems, Inc., Becton, Dickinson and Company, C.R. Bard Inc. (Attorney Christopher P Gramling added to party Bard Access Systems, Inc.(pty:dft), Attorney Christopher P Gramling added to party Becton, Dickinson and Company(pty:dft), Attorney Christopher P Gramling added to party C.R. Bard Inc.(pty:dft))(Gramling, Christopher) |
| SUMMONS ISSUED as to Bard Access Systems, Inc., Becton, Dickinson and Company, C.R. Bard Inc.. (Woods, Gloria) |
| Filing 3 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Berner, Crystal) |
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Filing 2
ORDER ON PRETRIAL PROCEDURES. Service must be obtained on all defendants within forty (40) days of the date of this Order unless otherwise authorized by the Court. Signed on 4/25/2023 by Magistrate Judge Willie J. Epps, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Schorgl, Jennifer)
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| NOTICE OF MAGISTRATE JUDGE ASSIGNMENT as to plaintiff: All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge assignment. Click # here for instructions. Form due by 5/16/2023 unless otherwise directed by the court. (Berner, Crystal) |
| Filing 1 COMPLAINT with Jury Demand against All Defendants filed by Adam M. Evans on behalf of jean cunningham. Filing fee $402, receipt number AMOWDC-8427257. Service due by 7/24/2023 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet)(Evans, Adam) (Main Document 1 replaced on 4/25/2023 for viewing capability) (Berner, Crystal). (Attachment 1 replaced on 4/25/2023 for viewing capability) (Berner, Crystal). |
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