Gross v. C R Bard Inc et al
| Gary Gross |
| McKesson Corporation, C R Bard Inc, DOES 1 through 100, Inclusive and Bard Peripheral Vascular Inc |
| 2:2020cv04160 |
| August 19, 2020 |
| US District Court for the Western District of Missouri |
| Jefferson City Office |
| Nanette K Laughrey |
| Personal Inj. Prod. Liability |
| 05:704 |
| Both |
Docket Report
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This docket was last retrieved on September 10, 2020. A more recent docket listing may be available from PACER.
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Filing 46
ORDER by Judge Nanette K. Laughrey. The joint motion for a stay of proceedings to allow the parties to finalize their settlement discussions (Doc. #42 ) is GRANTED IN PART and DENIED IN PART. This matter, including all deadlines, is stayed for a period of 90 days, through December 9, 2020. The parties are ordered to submit a status report on or before December 10, 2020. Signed on September 10, 2020 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Sreeprakash, Netra)
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Filing 45
ORDER by Judge Nanette K. Laughrey. In light of the fact that defendant McKesson Corporation has been dismissed without prejudice by stipulation (Doc. #41 ), McKessons motion to dismiss (Doc. #8 ) is DENIED as MOOT. Further, because the parties have stipulated (Doc. #41 ) that the motion by Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc. to dismiss Plaintiff's claims for want of personal jurisdiction (Doc. #2 ) is moot, that motion to dismiss also is DENIED as MOOT.
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| Filing 44 REPORT of Rule 26(f) planning meeting. (Attachments: #1 Exhibit Exh A - Proposed Protective Order)(Dickerson, Chelsea) |
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Filing 43
ORDER entered by Judge Nanette K. Laughrey. In light of the fact that other counsel continue to represent the defendants, the motions to withdraw by Melissa Dorman Matthews; Jordan E Jarreau and Jessica Junek, #38 , #39 and #40 are granted. Signed on 9/2/20 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
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| Filing 42 Joint MOTION to stay Proceedings filed by Kara T Stubbs on behalf of Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation. Suggestions in opposition/response due by 9/16/2020 unless otherwise directed by the court. (Stubbs, Kara) |
| Filing 41 STIPULATION of dismissal Without Prejudice as to Defendant McKesson Corporation by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation. (Stubbs, Kara) |
| Filing 40 MOTION to withdraw as attorney for Jordan E. Jarreau filed by Kara T Stubbs on behalf of Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation. Suggestions in opposition/response due by 9/16/2020 unless otherwise directed by the court. (Stubbs, Kara) |
| Filing 39 MOTION to withdraw as attorney for Jessica Junek filed by Kara T Stubbs on behalf of Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation. Suggestions in opposition/response due by 9/16/2020 unless otherwise directed by the court. (Stubbs, Kara) |
| Filing 38 MOTION to withdraw as attorney for Melissa Dorman Matthews filed by Kara T Stubbs on behalf of Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation. Suggestions in opposition/response due by 9/16/2020 unless otherwise directed by the court. (Stubbs, Kara) |
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Filing 37
ORDER granting #36 motion to appear pro hac vice entered by Clerk of Court. Attorney Steven Scott Schulte for Gary Gross 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. (Warren, Melissa)
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| Filing 36 Motion to allow Steven S. Schulte to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7026583) filed by Chelsea E Dickerson on behalf of All Plaintiffs. (Dickerson, Chelsea) |
| Filing 35 NOTICE of appearance by Chelsea E Dickerson on behalf of All Plaintiffs (Attorney Chelsea E Dickerson added to party Gary Gross(pty:pla))(Dickerson, Chelsea) |
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Filing 34
ORDER granting #33 motion to appear pro hac vice entered by Clerk of Court. Attorney John Voorhees for Bard Peripheral Vascular Inc, C R Bard Inc, and McKesson Corporation 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. (Warren, Melissa)
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| Filing 33 Motion to allow John Voorhees to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7016447) filed by Kara T Stubbs on behalf of Bard Peripheral Vascular Inc, C R Bard Inc. (Stubbs, Kara) |
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Filing 32
ORDER granting #31 motion to appear pro hac vice entered by Clerk of Court. Attorney John A. Wharton for Bard Peripheral Vascular Inc, C R Bard Inc, and McKesson Corporation 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. (Warren, Melissa)
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| Filing 31 Motion to allow John A. Wharton to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7016306) filed by Kara T Stubbs on behalf of Bard Peripheral Vascular Inc, C R Bard Inc. (Stubbs, Kara) |
| Filing 30 NOTICE of appearance by Kara T Stubbs on behalf of Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attorney Kara T Stubbs added to party Bard Peripheral Vascular Inc(pty:dft), Attorney Kara T Stubbs added to party C R Bard Inc(pty:dft), Attorney Kara T Stubbs added to party McKesson Corporation(pty:dft))(Stubbs, Kara) |
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Filing 29
ORDER entered by Judge Nanette K. Laughrey. Proposed scheduling order due by 9/9/2020. Rule 26 conference due by 9/2/2020. Signed on 8/19/20 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea)
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Filing 28
ORDER ON PRETRIAL PROCEDURES. Signed on 8/19/20 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea)
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| Filing 27 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)(Warren, Melissa) |
| Filing 26 CASE TRANSFERRED IN from District of Texas Northern; Case Number 3:20-cv-02229. |
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Filing 25
MEMORANDUM OPINION AND ORDER #22 Unopposed Amended 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 Kawanda Coleman's case be severed and transferred to the Baton Rouge Division of the Middle District of Louisiana (Civil case 3:20-cv-2227-S); b. Plaintiff Deborah Gaylor's case be severed and transferred to the Rochester Division of the Western District of New York (Civil case 3:20-cv-2228-S); c. Plaintiff Gary Gross's case be severed and transferred to the Jefferson City Division of the Western District of Missouri (Civil case 3:20-cv-2229-S); d. Plaintiff Teresa Kearney's case be severed and transferred to the Richmond Division of the Eastern District of Virginia (Civil case 3:20-cv-2230-S); e. Plaintiff Gary Long's case be severed and transferred to the Memphis Division of the Western District of Tennessee (Civil case 3:20-cv-2231-S); f. Plaintiff Lecia Moore's case be severed and transferred to the Hartford Division of the District of Connecticut (Civil case 3:20-cv-2232-S); g. Plaintiff Katherine Ringle's case be severed and transferred to the Kansas City Division of the District of Kansas (Civil case 3:20-cv-2233-S); h. Plaintiff Margaret Slocum's case be severed and transferred to the Detroit Division of the Eastern District of Michigan (Civil case 3:20-cv-2234-S); i. Plaintiff Jeff Waller's case be severed and transferred to the Jackson Division of the Western District of Tennessee (Civil case 3:20-cv-2235-S). Plaintiff Amanda Kozma 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 8/17/2020) (axm) [Transferred from txnd on 8/19/2020.]
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| Filing 24 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 8/19/2020.] |
| Filing 23 Brief/Memorandum in Support filed by Kawanda Coleman, Deborah Gaylor, Gary Gross, Teresa Kearney, Amanda Kozma, Gary Long, Lecia Moore, Katherine Ringle, Margaret Slocum, Jeff Waller re #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Kawanda Coleman, Deborah Gaylor, Gary Gross, Teresa Kearney, Amanda Kozma, Gary Long, Lecia Moore, Katherine Ringle, Margaret Slocum, Jeff Waller (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 21 Appendix in Support filed by Kawanda Coleman, Deborah Gaylor, Gary Gross, Teresa Kearney, Amanda Kozma, Gary Long, Lecia Moore, Katherine Ringle, Margaret Slocum, Jeff Waller re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Kawanda Coleman, Deborah Gaylor, Gary Gross, Teresa Kearney, Amanda Kozma, Gary Long, Lecia Moore, Katherine Ringle, Margaret Slocum, Jeff Waller re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Kawanda Coleman, Deborah Gaylor, Gary Gross, Teresa Kearney, Amanda Kozma, Gary Long, Lecia Moore, Katherine Ringle, Margaret Slocum, Jeff Waller (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 18 RESPONSE filed by Kawanda Coleman, Deborah Gaylor, Gary Gross, Teresa Kearney, Amanda Kozma, Gary Long, Lecia Moore, Katherine Ringle, Margaret Slocum, Jeff Waller 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) [Transferred from txnd on 8/19/2020.] |
| 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) [Transferred from txnd on 8/19/2020.] |
| Filing 16 NOTICE of Filing Completed Forms For Each Plaintiff filed by Kawanda Coleman, Deborah Gaylor, Gary Gross, Teresa Kearney, Amanda Kozma, Gary Long, Lecia Moore, Katherine Ringle, Margaret Slocum, Jeff Waller (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
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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) [Transferred from txnd on 8/19/2020.]
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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) [Transferred from txnd on 8/19/2020.]
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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 Kawanda Coleman, Deborah Gaylor, Gary Gross, Teresa Kearney, Amanda Kozma, Gary Long, Lecia Moore, Katherine Ringle, Margaret Slocum, Jeff Waller (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Junek, Jessica) [Transferred from txnd on 8/19/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from txnd on 8/19/2020.] |
| Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) [Transferred from txnd on 8/19/2020.] |
| 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) [Transferred from txnd on 8/19/2020.] |
| 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) [Transferred from txnd on 8/19/2020.] |
| 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). [Transferred from txnd on 8/19/2020.] |
| 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). [Transferred from txnd on 8/19/2020.] |
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Filing 5
ELECTRONIC ORDER: Civil action number 3:20-CV-1496-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 6/9/2020) (ctf) [Transferred from txnd on 8/19/2020.]
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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 Horan). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from txnd on 8/19/2020.] |
| 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) [Transferred from txnd on 8/19/2020.] |
| 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) [Transferred from txnd on 8/19/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10900563) 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 - C.R. Bard, Inc., #11 Exhibit(s) D-5 - Citation Issued- Bard Peripheral, #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) [Transferred from txnd on 8/19/2020.] |
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