Martinez v. CR Bard Inc et al
| Adrian Martinez |
| CR Bard Inc, McKesson Corporation, DOES 1 through 100, Inclusive and Bard Peripheral Vascular Inc |
| 4:2020cv00670 |
| August 19, 2020 |
| US District Court for the Western District of Missouri |
| Kansas City Office |
| Gary A Fenner |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 9, 2020. A more recent docket listing may be available from PACER.
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Filing 47
ORDER granting #45 motion to stay. All deadlines stayed until 2/23/21. Joint status report due 2/23/21. Signed on 9/9/20 by District Judge Gary A. Fenner. This is a TEXT ONLY ENTRY. No document is attached. (Mitchell, Lisa)
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Filing 46
Order of Dismissal of defendant McKesson Corporation ONLY. Signed on 9/9/20 by District Judge Gary A. Fenner. This is a TEXT ONLY ENTRY. No document is attached. (Mitchell, Lisa)
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| Filing 45 Joint MOTION to stay Proceedings filed by Kara T Stubbs on behalf of Bard Peripheral Vascular Inc, CR Bard Inc, McKesson Corporation. Suggestions in opposition/response due by 9/23/2020 unless otherwise directed by the court. (Stubbs, Kara) |
| Filing 44 STIPULATION of dismissal Without Prejudice as to Defendant McKesson Corporation by Bard Peripheral Vascular Inc, CR Bard Inc, McKesson Corporation. (Stubbs, Kara) |
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Filing 43
ORDER granting #42 motion to appear pro hac vice entered by Clerk of Court. Attorney Steven Scott Schulte for Adrian Martinez 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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| Status Report due by 2/23/2021. (Mitchell, Lisa) |
| Filing 42 Motion to allow Steven S. Schulte to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7034231) filed by Chelsea E Dickerson on behalf of Adrian Martinez. (Dickerson, Chelsea) |
| Filing 41 NOTICE of appearance by Chelsea E Dickerson on behalf of Adrian Martinez (Attorney Chelsea E Dickerson added to party Adrian Martinez(pty:pla))(Dickerson, Chelsea) |
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Filing 40
ORDER directing Eric Martin Przybysz, Darren McDowell and Steven Scott Schulte to comply with this Order and to file the necessary forms to be admitted, including pro hac vice, by 9/18/2020. Signed on 9/4/20 by District Judge Gary A. Fenner. (Mitchell, Lisa)
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Filing 39
ORDER granting #36 motion to withdraw as attorney. Attorney Melissa Dorman Matthews; Jordan E Jarreau and Jessica Junek terminated. ; granting #37 motion to withdraw as attorney. Attorney Melissa Dorman Matthews; Jordan E Jarreau and Jessica Junek terminated. ; granting #38 motion to withdraw as attorney. Attorney Melissa Dorman Matthews; Jordan E Jarreau and Jessica Junek terminated.. Signed on 9/4/20 by District Judge Gary A. Fenner. This is a TEXT ONLY ENTRY. No document is attached. (Mitchell, Lisa)
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| Filing 38 MOTION to withdraw as attorney for Jordan E. Jarreau filed by Kara T Stubbs on behalf of Bard Peripheral Vascular Inc, CR Bard Inc, McKesson Corporation. Suggestions in opposition/response due by 9/17/2020 unless otherwise directed by the court. (Stubbs, Kara) |
| Filing 37 MOTION to withdraw as attorney for Jessica Junek filed by Kara T Stubbs on behalf of Bard Peripheral Vascular Inc, CR Bard Inc, McKesson Corporation. Suggestions in opposition/response due by 9/17/2020 unless otherwise directed by the court. (Stubbs, Kara) |
| Filing 36 MOTION to withdraw as attorney for Melissa Dorman Matthews filed by Kara T Stubbs on behalf of Bard Peripheral Vascular Inc, CR Bard Inc, McKesson Corporation. Suggestions in opposition/response due by 9/17/2020 unless otherwise directed by the court. (Stubbs, Kara) |
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Filing 35
ORDER granting #32 motion to appear pro hac vice entered by Clerk of Court. Attorney John A. Wharton for Bard Peripheral Vascular Inc, 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)
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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, 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)
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| Filing 33 Motion to allow John Voorhees to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7016440) filed by Kara T Stubbs on behalf of Bard Peripheral Vascular Inc, CR Bard Inc. (Stubbs, Kara) |
| Filing 32 Motion to allow John A. Wharton to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7016294) filed by Kara T Stubbs on behalf of Bard Peripheral Vascular Inc, CR Bard Inc. (Stubbs, Kara) |
| Filing 31 NOTICE of appearance by Kara T Stubbs on behalf of Bard Peripheral Vascular Inc, CR Bard Inc, McKesson Corporation (Attorney Kara T Stubbs added to party Bard Peripheral Vascular Inc(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) |
| Filing 30 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)(Melvin, Greg) |
| Filing 29 CASE TRANSFERRED IN from District of Texas Northern; Case Number 3:20-cv-02270. |
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Filing 28
MEMORANDUM OPINION AND ORDER granting #25 Unopposed 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 Maria Giordano's case be severed and transferred to the New HavenDivision of the District of Connecticut (Civil case 3:20-cv-2267-S opened); b. Plaintiff Peggy Grindstaff's case be severed and transferred to the Greenville Division of the Eastern District of Tennessee (Civil case 3:20-cv-2268-S opened); c. Plaintiff Andrew Holness's case be severed and transferred to the White Plains Division of the Southern District of New York (Civil case 3:20-cv-2269-S opened); d. Plaintiff Adrian Martinez's case be severed and transferred to the Kansas City Division of the Western District of Missouri (Civil case 3:20-cv-2270-S opened); e. Plaintiff Jerry Mickens's case be severed and transferred to the Richmond Division of the Eastern District of Virginia (Civil case 3:20-cv-2271-S opened); f. Plaintiff Kelley Munzings case be severed and transferred to the Richmond Division of the Eastern District of Virginia (Civil case 3:20-cv-2272-S opened); g. Plaintiff Stephanie Phillips's case be severed and transferred to the Columbus Division of the Middle District of Georgia (Civil case 3:20-cv-2273-S opened); h. Plaintiff Joseph Ronga's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (Civil case 3:20-cv-2274-S opened). Plaintiff Nathan Fee is the sole plaintiff with any connection to this forum. Accordingly, he shall remain in the Dallas Division of the Northern District of Texas. (Ordered by Judge Karen Gren Scholer on 8/18/2020) (axm) [Transferred from txnd on 8/19/2020.]
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| Filing 27 RESPONSE filed by Bard Peripheral Vascular Inc, CR Bard Inc re: #25 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 8/19/2020.] |
| Filing 26 Brief/Memorandum in Support filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga re #25 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 25 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 24 RESPONSE filed by Bard Peripheral Vascular Inc, CR Bard Inc, McKesson Corporation re: #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 8/19/2020.] |
| Filing 23 Appendix in Support filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga re #21 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 22 Brief/Memorandum in Support filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga re #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 20 RESPONSE filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga re: #9 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 19 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Inc, CR Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) [Transferred from txnd on 8/19/2020.] |
| Filing 18 NOTICE of Filing Completed Forms For Each Plaintiff filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
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Filing 17
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 8/19/2020.]
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Filing 16
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 15 MOTION for Extension of Time to File Response/Reply to #9 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 14 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction As Amended (Junek, Jessica) [Transferred from txnd on 8/19/2020.] |
| Filing 13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 13 replaced with the flattened document on 6/18/2020) (pnp). [Transferred from txnd on 8/19/2020.] |
| Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from txnd on 8/19/2020.] |
| 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 8/19/2020.] |
| Filing 10 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Junek, Jessica) [Transferred from txnd on 8/19/2020.] |
| Filing 9 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 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Junek, Jessica) (Main Document 8 replaced with flattened document on 6/11/2020) (awc). [Transferred from txnd on 8/19/2020.] |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CR Bard Inc. (Junek, Jessica) (Main Document 7 replaced with flattened document on 6/11/2020) (awc). [Transferred from txnd on 8/19/2020.] |
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Filing 6
ORDER REASSIGNING CASE. The above-referenced matter is transferred to the docket of the Honorable Judge Karen Gren Scholer, who has a related case. All future pleadings shall be filed under case number 3:20-CV-1484-S. Judge David C Godbey no longer assigned to case. (Ordered by Judge David C Godbey on 6/9/2020) (twd) [Transferred from txnd on 8/19/2020.]
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Filing 5
ORDER REQUIRING STATUS AND SCHEDULING CONFERENCE: The parties are directed to confer within 14 days of the date of this Order and report to the Court within 14 days after the conference the parties' position. (Ordered by Judge David C Godbey on 6/8/2020) (mla) [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, CR Bard Inc re #2 MOTION to Dismiss for Lack of Jurisdiction (Matthews, Melissa) Modified Docket Text on 6/9/2020 (oyh). [Transferred from txnd on 8/19/2020.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, CR Bard Inc (Matthews, Melissa) Modified Docket Text on 6/9/2020 (oyh). [Transferred from txnd on 8/19/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Bard Peripheral Vascular Inc, CR Bard Inc. (Filing fee $400; receipt number 0539-10897774) 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, #4 Exhibit(s) B - McKesson Corporation, #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 - Plaintiff's Original Petition, #9 Exhibit(s) D-3 - Civil Case Info Sheet, #10 Exhibit(s) D-4 - Citation Issued to Bard Peripheral Vascular, Inc., #11 Exhibit(s) D-5 - Citation Issued to C.R. Bard, #12 Exhibit(s) D-6 - Citation Issued to McKesson Corporation, #13 Exhibit(s) D-7 - Status Conference Order, #14 Exhibit(s) D-8 - Return of Service - C.R. Bard, #15 Exhibit(s) D-9 - Status Conference Order, #16 Exhibit(s) D-10 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) Modified Docket Text on 6/9/2020 (oyh). [Transferred from txnd on 8/19/2020.] |
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