Mustion v. C R Bard Inc et al
| Shirley Mustion |
| McKesson Corporation, C R Bard Inc, Bard Peripheral Vascular Incorporated and DOES 1 through 100, Inclusive |
| 4:2020cv00702 |
| September 2, 2020 |
| US District Court for the Western District of Missouri |
| Kansas City Office |
| Brian C Wimes |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 23, 2020. A more recent docket listing may be available from PACER.
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Filing 39
ORDERED counsel for C R Bard Inc.'s Motions for Leave to Withdraw as Counsel (Doc. #29, #30, #31) are GRANTED. Melissa Dorman Matthews, Jordan E. Jarreau, and Jessica Junek are granted leave to withdraw as counsel in this cause. Signed on 10/23/2020 by District Judge Brian C. Wimes. This is a TEXT ONLY ENTRY. No document is attached.
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Filing 38
ORDER granting #37 motion to appear pro hac vice entered by Clerk of Court. Attorney Steven Scott Schulte for Shirley Mustion 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 37 Motion to allow Steven S. Schulte to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7067031) filed by Chelsea E Dickerson on behalf of All Plaintiffs. (Dickerson, Chelsea) (Main Document 37 replaced on 9/28/2020 to reflect corrected parties on motion) (Warren, Melissa). |
| Filing 36 NOTICE of appearance by Chelsea E Dickerson on behalf of All Plaintiffs (Attorney Chelsea E Dickerson added to party Shirley Mustion(pty:pla))(Dickerson, Chelsea) |
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Filing 35
ORDER granting #33 motion to appear pro hac vice entered by Clerk of Court. Attorney John Voorhees for Bard Peripheral Vascular Incorporated, C R Bard Inc, DOES 1 through 100, Inclusive, 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 34
ORDER granting #32 motion to appear pro hac vice entered by Clerk of Court. Attorney John A. Wharton for Bard Peripheral Vascular Incorporated, C R Bard Inc, DOES 1 through 100, Inclusive, 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-7062126) filed by Kara T Stubbs on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. (Stubbs, Kara) (Main Document 33 replaced to correct bar numbers on 9/24/2020) (Warren, Melissa). |
| Filing 32 Motion to allow John A. Wharton to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7062121) filed by Kara T Stubbs on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. (Stubbs, Kara) (Main Document 32 replaced to correct bar numbers on 9/24/2020) (Warren, Melissa). |
| Filing 31 MOTION to withdraw as attorney for Jordan E. Jarreau filed by Kara T Stubbs on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. Suggestions in opposition/response due by 9/22/2020 unless otherwise directed by the court. (Stubbs, Kara) |
| Filing 30 MOTION to withdraw as attorney for Jessica Junek filed by Kara T Stubbs on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. Suggestions in opposition/response due by 9/22/2020 unless otherwise directed by the court. (Stubbs, Kara) |
| Filing 29 MOTION to withdraw as attorney for Melissa Dorman Matthews filed by Kara T Stubbs on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. Suggestions in opposition/response due by 9/22/2020 unless otherwise directed by the court. (Stubbs, Kara) |
| Filing 28 NOTICE of appearance by Kara T Stubbs on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attorney Kara T Stubbs added to party Bard Peripheral Vascular Incorporated(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) |
| 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)(Kern, Kendra) |
| Filing 26 CASE TRANSFERRED IN from District of Texas Northern; Case Number 3:20-cv-02641. |
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Filing 25
MEMORANDUM OPINION AND ORDER grants #19 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 Andrew Armijo's case be severed and transferred to the Albuquerque Division of the District of New Mexico (Civil case 3:20-cv-2636 opened); b. Plaintiff David Bennett's case be severed and transferred to the Springfield Division of the Central Division of Illinois (Civil case 3:20-cv-2637 opened); c. Plaintiff Scott Chaffee's case be severed and transferred to the Buffalo Division of the Western District of New York (Civil case 3:20-cv-2638 opened); d. Plaintiff Jonathan Moffett's case be severed and transferred to the Southern Division of the Central District of California (Civil case 3:20-cv-2639 opened); e. Plaintiff John Morris's case be severed and transferred to the Akron Division of the Norther District of Ohio (Civil case 3:20-cv-2640 opened); f. Plaintiff Shirley Mustion's case be severed and transferred to the Western Division of the Western District of Missouri (Civil case 3:20-cv-2641 opened); g. Plaintiff Gail Penn's case be severed and transferred to the Peoria Division of the Central District of Illinois (Civil case 3:20-cv-2642 opened); and h. Plaintiff Mary Stafford's case be severed and transferred to the Jacksonville Division of the Middle District of Florida (Civil case 3:20-cv-2643 opened). Plaintiff Frances Boyd 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) (jmg) [Transferred from txnd on 9/2/2020.]
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Filing 24
ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Jeffrey Jackson's claims against Defendants. Party Jeffrey Jackson terminated. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (axm) [Transferred from txnd on 9/2/2020.]
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| Filing 23 Supplemental RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #19 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). [Transferred from txnd on 9/2/2020.] |
| Filing 22 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) [Transferred from txnd on 9/2/2020.] |
| Filing 21 Appendix in Support filed by Andrew Armijo, David Bennett, Scott Chaffee, Jeffrey Jackson, Jonathan Moffett, John Morris, Shirley Mustion, Gail Penn, Mary Stafford re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Andrew Armijo, David Bennett, Scott Chaffee, Jeffrey Jackson, Jonathan Moffett, John Morris, Shirley Mustion, Gail Penn, Mary Stafford re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by Andrew Armijo, David Bennett, Scott Chaffee, Jeffrey Jackson, Jonathan Moffett, John Morris, Shirley Mustion, Gail Penn, Mary Stafford (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 18 RESPONSE AND OBJECTION filed by Andrew Armijo, David Bennett, Frances Boyd, Scott Chaffee, Jeffrey Jackson, Jonathan Moffett, John Morris, Shirley Mustion, Gail Penn, Mary Stafford re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Andrew Armijo, David Bennett, Frances Boyd, Scott Chaffee, Jeffrey Jackson, Jonathan Moffett, John Morris, Shirley Mustion, Gail Penn, Mary Stafford (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from txnd on 9/2/2020.] |
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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 9/2/2020.]
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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 9/2/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #9 MOTION to Dismiss for Lack of Jurisdiction , #2 MOTION to Dismiss for Lack of Jurisdiction filed by Andrew Armijo, David Bennett, Frances Boyd, Scott Chaffee, Jeffrey Jackson, Jonathan Moffett, John Morris, Shirley Mustion, Gail Penn, Mary Stafford (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 10 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 8 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
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Filing 7
ELECTRONIC ORDER: Civil action number 3:20-CV-1554-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 6/15/2020) (ctf) [Transferred from txnd on 9/2/2020.]
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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 Horan). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from txnd on 9/2/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 3 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, C R Bard Inc re #2 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10911427) 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 page, #5 Exhibit(s) C - 8-30-16 Romney, Kim Deposition, #6 Exhibit(s) D - Index of State Docs, #7 Exhibit(s) D-1 State Court Docket Sheet, #8 Exhibit(s) D-2 2020-04-07 Original Petition, #9 Exhibit(s) D-3 2020-04-07 Civil Case Info. Sheet, #10 Exhibit(s) D-4 - 2020-04-07 Citation Issued - Bard Peripheral, #11 Exhibit(s) D-5 - 2020-04-07 Citation Issued - C.R. Bard, #12 Exhibit(s) 2020-04-07 Citation issued - McKesson, #13 Exhibit(s) D-7 2020-05-06 Return of Service - McKesson, #14 Exhibit(s) D-8 2020-05-22 Return of Service - C.R. Bard, #15 Exhibit(s) D-9 2020-06-04 Return of Service - Bard) (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
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