Ferguson v. CR Bard Inc et al
Plaintiff: Kyla Ferguson
Defendant: CR Bard Inc, Bard Peripheral Vascular Incorporated, McKesson Corporation and DOES 1 through 100, Inclusive
Case Number: 4:2020cv00668
Filed: August 18, 2020
Court: US District Court for the Western District of Missouri
Office: Kansas City Office
Presiding Judge: John T Maughmer
Referring Judge: Beth Phillips
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on September 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 15, 2020 Filing 46 NOTICE OF REASSIGNMENT from Magistrate Judge John T. Maughmer to Chief District Judge Beth Phillips. Please note the new case number: 20-668-CV-W-BP. (Melvin, Greg)
September 11, 2020 Opinion or Order Filing 45 ORDER granting #44 parties' Agreed Joint Motion to Temporarily Stay Proceedings. Pursuant to the parties' representation that they continue to finalize pre-transfer settlement discussions in an effort to resolve this matter, the Court stays this matter until February 23, 2021. The stay will expire on February 23, 2021, unless the parties file a stipulation of dismissal prior to that date. If a stipulation of dismissal is not filed by February 23, 2021, the parties shall file a joint status report by no later than February 23, 2021. The Court also denies without prejudice [2, 8] Defendants' motions to dismiss. If this matter is not resolved and the stay is lifted, the parties may refile those motions at that time. Signed on 9/11/20 by Magistrate Judge John T. Maughmer. This is a TEXT ONLY ENTRY. No document is attached. (Kitsmiller, Julia)
September 9, 2020 Filing 44 Joint MOTION to stay Proceedings filed by Kara T Stubbs on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation. Suggestions in opposition/response due by 9/23/2020 unless otherwise directed by the court. (Stubbs, Kara)
September 9, 2020 Filing 43 STIPULATION of dismissal Without Prejudice as to Defendant McKesson Corporation by Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation. (Stubbs, Kara)
September 9, 2020 Opinion or Order Filing 42 ORDER granting #41 motion to appear pro hac vice entered by Clerk of Court. Attorney Steven Scott Schulte for Kyla Ferguson 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)
September 8, 2020 Filing 41 Motion to allow Steven S. Schulte to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7034089) filed by Chelsea E Dickerson on behalf of Kyla Ferguson. (Dickerson, Chelsea)
September 8, 2020 Filing 40 NOTICE of appearance by Chelsea E Dickerson on behalf of Kyla Ferguson (Attorney Chelsea E Dickerson added to party Kyla Ferguson(pty:pla))(Dickerson, Chelsea)
September 3, 2020 Opinion or Order Filing 39 ORDER granting [36, 37, 38] motions to withdraw as attorney. Attorneys Melissa Dorman Matthews, Jordan E Jarreau, and Jessica Junek are terminated as counsel of record for Defendants. Signed on 9/3/20 by Magistrate Judge John T. Maughmer. This is a TEXT ONLY ENTRY. No document is attached. (Kitsmiller, Julia)
September 3, 2020 Filing 38 MOTION to withdraw as attorney for Jordan E. Jarreau filed by Kara T Stubbs on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation. Suggestions in opposition/response due by 9/17/2020 unless otherwise directed by the court. (Stubbs, Kara)
September 3, 2020 Filing 37 MOTION to withdraw as attorney for Jessica Junek filed by Kara T Stubbs on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation. Suggestions in opposition/response due by 9/17/2020 unless otherwise directed by the court. (Stubbs, Kara)
September 3, 2020 Filing 36 MOTION to withdraw as attorney for Melissa Dorman Matthews filed by Kara T Stubbs on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation. Suggestions in opposition/response due by 9/17/2020 unless otherwise directed by the court. (Stubbs, Kara)
September 2, 2020 Filing 35 AMENDED 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 re-assignment to an outside mediator. (Attachments: #1 MAP General Order)(Woods, Gloria)
August 29, 2020 Filing 34 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)(Woods, Gloria)
August 27, 2020 Opinion or Order Filing 33 ORDER granting #30 motion to appear pro hac vice entered by Clerk of Court. Attorney John A. Wharton for Bard Peripheral Vascular Incorporated, CR 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. (Berner, Crystal)
August 27, 2020 Opinion or Order Filing 32 ORDER granting #31 motion to appear pro hac vice entered by Clerk of Court. Attorney John Voorhees for Bard Peripheral Vascular Incorporated, CR 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)
August 27, 2020 Filing 31 Motion to allow John Voorhees to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7016424) filed by Kara T Stubbs on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc. (Stubbs, Kara)
August 27, 2020 Filing 30 Motion to allow John A. Wharton to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7016248) filed by Kara T Stubbs on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc. (Stubbs, Kara)
August 26, 2020 Filing 29 NOTICE of appearance by Kara T Stubbs on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation (Attorney Kara T Stubbs added to party Bard Peripheral Vascular Incorporated(pty:dft), Attorney Kara T Stubbs added to party CR Bard Inc(pty:dft), Attorney Kara T Stubbs added to party McKesson Corporation(pty:dft))(Stubbs, Kara)
August 19, 2020 NOTICE OF MAGISTRATE ASSIGNMENT: 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 9/9/2020 unless otherwise directed by the court. (Woods, Gloria)
August 19, 2020 NOTICE OF MAGISTRATE ASSIGNMENT: 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 9/9/2020 unless otherwise directed by the court. (Melvin, Greg)
August 18, 2020 Filing 28 CASE TRANSFERRED IN from District of Texas Northern; Case Number 3:20-cv-02211.
August 17, 2020 Opinion or Order Filing 27 MEMORANDUM OPINION AND ORDER granting #24 Unopposed Amended Motion to Sever and Transfer Venue of Out-of-State Plaintiff' Cases. The Court directs the Clerk of the Court to sever and transfer this action as follows: a. Plaintiff Johnetta Ateman case be severed and transferred to the Peoria Division of the Central District of Illinois (Civil case 3:20-cv-2209-S opened); b. Plaintiff Ronald Girardin case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2210-S opened); c. Plaintiff Kyla Ferguson's case be severed and transferred to the Kansas City Division of the Western District of Missouri (Civil case 3:20-cv-2211-S opened); d. Plaintiff Shirley Hasselle's case be severed and transferred to the Jackson Division of the Southern District of Mississippi (Civil case 3:20-cv-2212-S opened);e. Plaintiff Kimberly Kennebrew's case be severed and transferred to the Binghamton Division of the Northern District of New York (Civil case 3:20-cv-2213-S opened);f. Plaintiff Angie Lewis's case be severed and transferred to the Savannah of the Southern District of Georgia (Civil case 3:20-cv-2214-S opened);g. Plaintiff Carl Martin's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (Civil case 3:20-cv-2215-S opened);h. Plaintiff Harry Stoner's case be severed and transferred to the Erie Division of the Western District of Pennsylvania (Civil case 3:20-cv-2216-S opened);i. Plaintiff Steve Urevith's case be severed and transferred to the Southern District of New York (Civil case 3:20-cv-2217-S opened); (Ordered by Judge Karen Gren Scholer on 8/17/2020) (axm) [Transferred from txnd on 8/18/2020.]
August 14, 2020 Filing 26 RESPONSE filed by Bard Peripheral Vascular Incorporated, CR Bard Inc re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #24 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 8/18/2020.]
August 11, 2020 Filing 25 Brief/Memorandum in Support filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith re #24 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/18/2020.]
August 11, 2020 Filing 24 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/18/2020.]
July 31, 2020 Filing 23 RESPONSE filed by Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 8/18/2020.]
July 29, 2020 Filing 22 Appendix in Support filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from txnd on 8/18/2020.]
July 29, 2020 Filing 21 Brief/Memorandum in Support filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/18/2020.]
July 29, 2020 Filing 20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith (Schulte, Steven) [Transferred from txnd on 8/18/2020.]
July 29, 2020 Filing 19 RESPONSE filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith re: #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) [Transferred from txnd on 8/18/2020.]
July 22, 2020 Filing 18 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Incorporated, CR Bard Inc, Does 1 through 100 Inclusive, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) [Transferred from txnd on 8/18/2020.]
July 22, 2020 Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from txnd on 8/18/2020.]
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) [Transferred from txnd on 8/18/2020.]
July 1, 2020 Opinion or Order Filing 15 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 8/18/2020.]
June 29, 2020 Filing 14 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 Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/18/2020.]
June 15, 2020 Filing 13 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction as Amended (Junek, Jessica) [Transferred from txnd on 8/18/2020.]
June 15, 2020 Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) [Transferred from txnd on 8/18/2020.]
June 15, 2020 Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, CR Bard Inc (Junek, Jessica) [Transferred from txnd on 8/18/2020.]
June 15, 2020 Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from txnd on 8/18/2020.]
June 15, 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 8/18/2020.]
June 15, 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 8/18/2020.]
June 10, 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 8/18/2020.]
June 10, 2020 Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CR Bard Inc. (Junek, Jessica) (Main Document 6 replaced with flattened document on 6/11/2020) (awc). [Transferred from txnd on 8/18/2020.]
June 9, 2020 Opinion or Order Filing 5 ELECTRONIC ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer, for all further proceedings. Judge Ed Kinkeade no longer assigned to case. (Ordered by Judge Ed Kinkeade on 6/9/2020) (chmb) [Transferred from txnd on 8/18/2020.]
June 9, 2020 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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from txnd on 8/18/2020.]
June 8, 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 8/18/2020.]
June 8, 2020 Filing 2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by Bard Peripheral Vascular Inc, CR Bard Inc. (Junek, Jessica) [Transferred from txnd on 8/18/2020.]
June 8, 2020 Filing 1 NOTICE OF REMOVAL filed by CR Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10897065) 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 - Portions of REACH Agreement (redacted), #4 Exhibit(s) B - McKesson, #5 Exhibit(s) C - 8-30-16 Romney, Kim Depositio, #6 Exhibit(s) D - Index of State 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 to Bard Peripheral Inc, #11 Exhibit(s) D-5 Citation Issued to C.R. Bard, Inc., #12 Exhibit(s) D-6 Citation Issued to McKesson, #13 Exhibit(s) D-7 Executed Affidavit of Service - McKesson, #14 Exhibit(s) D-8 Return of Service C.R. Bard, #15 Exhibit(s) D-9 Return of Service Bard Peripheral Vascular) (Junek, Jessica) Modified Docket Text on 6/9/2020 (oyh). [Transferred from txnd on 8/18/2020.]

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Search for this case: Ferguson v. CR Bard Inc et al
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Plaintiff: Kyla Ferguson
Represented By: Steven Scott Schulte
Represented By: Eric Martin Przybysz
Represented By: Darren McDowell
Represented By: Chelsea E Dickerson
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Defendant: CR Bard Inc
Represented By: Jessica Junek
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: John Voorhees
Represented By: Kara T Stubbs
Represented By: John A. Wharton
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Defendant: Bard Peripheral Vascular Incorporated
Represented By: Jessica Junek
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: John Voorhees
Represented By: Kara T Stubbs
Represented By: John A. Wharton
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Defendant: McKesson Corporation
Represented By: Jessica Junek
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: John Voorhees
Represented By: Kara T Stubbs
Represented By: John A. Wharton
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Defendant: DOES 1 through 100, Inclusive
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