Tisdale v. C R Bard Inc et al
| Lucille Tisdale |
| McKesson Corporation, C R Bard Inc, DOES 1 through 100, Inclusive and Bard Peripheral Vascular Inc |
| 6:2020cv03260 |
| August 21, 2020 |
| US District Court for the Western District of Missouri |
| Roseann Ketchmark |
| Nanette K Laughrey |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 28, 2020. A more recent docket listing may be available from PACER.
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Filing 48
ORDER entered by Judge Nanette K. Laughrey. In light of the fact that other counsel continue to represent the Plaintiff, Darren McDowell and Eric Martin Przybysz are granted leave to withdraw as counsel. (Doc. #47 ). The Clerk's office is directed to remove Darren McDowell and Eric Martin Przybysz from receiving notification of filings through the CM/ECF system. Signed on 9/28/20 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
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| Filing 47 MOTION to withdraw as attorney for Eric Przybysz and Darren McDowell filed by Chelsea E Dickerson on behalf of Lucille Tisdale. Suggestions in opposition/response due by 10/9/2020 unless otherwise directed by the court. (Dickerson, Chelsea) |
| Filing 46 MINUTE ENTRY. Teleconference held before the Honorable Nanette K. Laughrey on September 18, 2020, regarding the joint motion to stay, Doc. 42, and proposed scheduling order. Mr. Schulte stated that this case is one of many cases that are in the process of finalizing a settlement. The Court will proceed with the case. The Court will stay this case until January 9, 2021. If the Court is not notified by January 9, 2021 that the settlement is final the Court will enter a scheduling order on that date giving the parties six months to conduct discovery and setting the trial for September or October 2021. Appearances: Plaintiff by Chelsea Dickerson and Steve Schulte. Defendants by John Wharton and Kara Stubbs. Court Reporter: None. Courtroom Deputy: Renea Matthes Mitra. (Matthes Mitra, Renea) |
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Filing 45
ORDER entered by Judge Nanette K. Laughrey. The Telephone conference set for 9/17/2020 is rescheduled for 9/18/2020 at 02:00 PM regarding the pending motion to stay. The parties shall call conference number 877-336-1274, access code 2707681 to participate. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
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| Filing 44 Joint PROPOSED SCHEDULING ORDER and Discovery Plan by Bard Peripheral Vascular Inc, C R Bard Inc. (Attachments: #1 Exhibit A - Stipulated Protective Order)(Stubbs, Kara) |
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Filing 43
ORDER entered by Judge Nanette K. Laughrey. A Telephone Conference is set for 9/17/2020 at 03:00 PM regarding the pending motion to stay. The parties shall call conference number 877-336-1274, access code 2707681 to participate. Signed on 9/16/20 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. Suggestions in opposition/response due by 9/23/2020 unless otherwise directed by the court. (Stubbs, Kara) |
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Filing 41
ORDER granting #40 motion to appear pro hac vice entered by Clerk of Court. Attorney Steven Scott Schulte for Lucille Tisdale 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 40 Motion to allow Steven S. Schulte to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7034238) filed by Chelsea E Dickerson on behalf of Lucille Tisdale. (Dickerson, Chelsea) |
| Filing 39 NOTICE of appearance by Chelsea E Dickerson on behalf of Lucille Tisdale (Attorney Chelsea E Dickerson added to party Lucille Tisdale(pty:pla))(Dickerson, Chelsea) |
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Filing 38
ORDER entered by Judge Nanette K. Laughrey. In light of the fact that other counsel will continue to represent Defendant Bard, the Court grants the motions by Melissa Dorman Matthews, Jessica Junek, and Jordan E. Jarreau to withdraw as counsel on behalf of Defendants, Docs. 35, 36, and 37. Signed on 9/3/20 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
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| Filing 37 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. 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 Jessica Junek filed by Kara T Stubbs on behalf of Bard Peripheral Vascular Inc, C R Bard Inc. Suggestions in opposition/response due by 9/17/2020 unless otherwise directed by the court. (Stubbs, Kara) |
| Filing 35 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. Suggestions in opposition/response due by 9/17/2020 unless otherwise directed by the court. (Stubbs, Kara) |
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Filing 34
ORDER by Judge Nanette K. Laughrey. Plaintiffs are several individuals who received IVC filter implants in various states. This case was originally filed in Texas state court, then removed to the Northern District of Texas. In that forum, Defendant Bard filed a motion to dismiss for lack of personal jurisdiction. Doc. #2 . Bard argued personal jurisdiction did not exist over it as to Plaintiffs who received their filter implants in states other than Texas. Plaintiffs opposed the motion to dismiss, but also filed a motion to sever and transfer each case to the district where each plaintiff received the filter implant. Docs. 18, 19. Bard did not oppose the motion to sever and transfer, and did not dispute the identification of Missouri as the appropriate transferee court for Plaintiff Tisdale. Doc. 22, p. 1. Because Ms. Tisdale received her implant in Missouri, and Bard agreed to transfer to Missouri, Bard's outstanding motion to dismiss for lack of personal jurisdiction, Doc. #2 , is denied. See Lockett v. Pinnacle Entertainment, Inc., 2019 WL 4296492, at *5 (W.D. Mo. Sept. 10, 2019) (finding that ''consenting to a transferee court means that the party is consenting to venue and personal jurisdiction in that court''). Also in the Northern District of Texas, Defendant McKesson filed a motion to dismiss for lack of personal jurisdiction. Doc. #8 . In their motion to sever, Plaintiffs stated that they ''do not oppose the motion to dismiss McKesson Corporation without prejudice.'' Doc. 19, p. 2. Defendant McKesson's motion to dismiss, Doc. #8 , is granted without prejudice. Signed on 08/27/2020 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Opalach, Tessa)
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Filing 33
ORDER granting #32 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 32 Motion to allow John Voorhees to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7016461) filed by Kara T Stubbs on behalf of Bard Peripheral Vascular Inc, C R Bard Inc. (Stubbs, Kara) |
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Filing 31
ORDER granting #30 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 30 Motion to allow John A. Wharton to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7016386) filed by Kara T Stubbs on behalf of Bard Peripheral Vascular Inc, C R Bard Inc. (Stubbs, Kara) |
| Filing 29 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 28
ORDER entered by Judge Nanette K. Laughrey.Proposed scheduling order due by 9/16/2020. Rule 26 conference due by 9/9/2020. Signed on 8/26/20 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea)
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Filing 27
ORDER ON PRETRIAL PROCEDURES. Signed on 8/26/20 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea)
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Filing 26
ORDER TRANSFERRING/REASSIGNING CASE. With the consent of the Honorable Nanette K. Laughrey, this case is reassigned to District Judge Nanette K. Laughrey for all further proceedings. District Judge Roseann Ketchmark no longer assigned to case. Signed on August 25, 2020 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Wheeler, LaTandra)
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| Filing 25 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)(Furtak, Rebecca) |
| Filing 24 CASE TRANSFERRED IN from District of Texas Northern; Case Number 3:20-cv-02323. |
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Filing 23
MEMORANDUM OPINION AND ORDER granting #19 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 Dennis Aaron's case be severed and transferred to the Huntsville Division of the Northern District of Alabama (Civil Case 3:20-cv-2316-S Opened); b. Plaintiff Sharon Blackstone's case be severed and transferred to the Philadelphia Division of the Eastern District of Pennsylvania (Civil Case 3:20-cv-2317-S Opened); c. Plaintiff Matthew Chapman's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil Case 3:20-cv-2318-S Opened); d. Plaintiff Ricky Cole's case be severed and transferred to the Pikeville Division of the Eastern District of Kentucky (Civil Case 3:20-cv-2319-S Opened); e. Plaintiff Duane Fielder's c ase be severed and transferred to the Reno Division of the District of Nevada (Civil Case 3:20-cv-2320-S Opened);f. Plaintiff Stanley Green's case be severed and transferred to the Harrisburg Division of the Middle District of Pennsylvania (Civil Case 3:20-cv-2321-S Opened); g. Plaintiff Kimberly McCray's case be severed and transferred to the Springfield Division of the Western District of Missouri (Civil Case 3:20-cv-2322-S Opened); h. Plaintiff Lucille Tisdale's case be severed and transferred to the Springfield Division of the Western District of Missouri (Civil Case 3:20-cv-2323-S Opened);i. Plaintiff Kelly Warner's case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil Case 3:20-cv-2324-S Opened). Plaintiff Dora Sirmons 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 8/18/2020) (axm) [Transferred from txnd on 8/21/2020.]
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| Filing 22 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 8/21/2020.] |
| Filing 21 Appendix in Support filed by Dennis Aaron, Sharon Blackstone, Matthew Chapman, Ricky Cole, Duane Fielder, Stanley Green, Kimberly McCray, Dora Sirmons, Lucille Tisdale, Kelly Warner re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from txnd on 8/21/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Dennis Aaron, Sharon Blackstone, Matthew Chapman, Ricky Cole, Duane Fielder, Stanley Green, Kimberly McCray, Dora Sirmons, Lucille Tisdale, Kelly Warner re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/21/2020.] |
| Filing 19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Dennis Aaron, Sharon Blackstone, Matthew Chapman, Ricky Cole, Duane Fielder, Stanley Green, Kimberly McCray, Dora Sirmons, Lucille Tisdale, Kelly Warner (Schulte, Steven) [Transferred from txnd on 8/21/2020.] |
| Filing 18 RESPONSE filed by Dennis Aaron, Sharon Blackstone, Matthew Chapman, Ricky Cole, Duane Fielder, Stanley Green, Kimberly McCray, Dora Sirmons, Lucille Tisdale, Kelly Warner re: #2 MOTION to Dismiss for Lack of Jurisdiction , #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Schulte, Steven) [Transferred from txnd on 8/21/2020.] |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order Setting Deadline/Hearing, filed by Dennis Aaron, Sharon Blackstone, Matthew Chapman, Ricky Cole, Duane Fielder, Stanley Green, Kimberly McCray, Dora Sirmons, Lucille Tisdale, Kelly Warner (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from txnd on 8/21/2020.] |
| Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) [Transferred from txnd on 8/21/2020.] |
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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 7/22/2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (mla) [Transferred from txnd on 8/21/2020.]
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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 8/21/2020.]
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| Filing 13 Agreed MOTION to Extend Time Resp/Reply filed by Dennis Aaron, Sharon Blackstone, Matthew Chapman, Ricky Cole, Duane Fielder, Stanley Green, Kimberly McCray, Dora Sirmons, Lucille Tisdale (Attachments: #1 Proposed Order) (Przybysz, Eric) [Transferred from txnd on 8/21/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 12 replaced to flatten image on 6/17/2020) (dsr). [Transferred from txnd on 8/21/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from txnd on 8/21/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) [Transferred from txnd on 8/21/2020.] |
| Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from txnd on 8/21/2020.] |
| Filing 8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from txnd on 8/21/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) [Transferred from txnd on 8/21/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc identifying Corporate Parent/Other Affiliate Becton, Dickinson and Company for C R Bard Inc. (Matthews, Melissa) Modified corporate parent on 6/12/2020 (mla). [Transferred from txnd on 8/21/2020.] |
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Filing 7
ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge David C Godbey no longer assigned to case. (Ordered by Judge David C Godbey on 6/10/2020) (ndt) [Transferred from txnd on 8/21/2020.]
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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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from txnd on 8/21/2020.] |
| 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 (Matthews, Melissa) [Transferred from txnd on 8/21/2020.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. (Matthews, Melissa) [Transferred from txnd on 8/21/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc.. (Filing fee $400; receipt number 0539-10903783) 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 - Plaintiffs' Original Petition, #9 Exhibit(s) D-3 - Civil Case Info Sheet, #10 Exhibit(s) D-4 - Jury Demand, #11 Exhibit(s) D-5 - Citation Issued to C.R. Bard, #12 Exhibit(s) D-6 - Citation Issued to Bard Peripheral Vascular, Inc., #13 Exhibit(s) D-7 - Citation Issued to McKesson Corp, #14 Exhibit(s) D-8 - Affidavit of Service - McKesson, #15 Exhibit(s) D-9 - Return of Service - C.R. Bard, #16 Exhibit(s) D-10 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from txnd on 8/21/2020.] |
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