Higgs v. C R Bard Inc et al
Plaintiff: Kathleen Higgs
Defendant: Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation and DOES 1 through 100, Inclusive
Case Number: 6:2020cv03264
Filed: August 24, 2020
Court: US District Court for the Western District of Missouri
Presiding Judge: M Douglas Harpool
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 5, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 5, 2020 Opinion or Order Filing 49 ORDER granting #48 motion to withdraw as attorney. Attorney Darren McDowell and Eric Martin Przybysz terminated. Signed on 10/05/2020 by District Judge M. Douglas Harpool. (Maerz, Mary)
September 25, 2020 Filing 48 MOTION to withdraw as attorney for Eric Przybysz and Darren McDowell filed by Chelsea E Dickerson on behalf of Kathleen Higgs. Suggestions in opposition/response due by 10/9/2020 unless otherwise directed by the court. (Dickerson, Chelsea)
September 21, 2020 Opinion or Order Filing 47 ORDER sustaining #42 motion to stay. Case is stayed until 02/23/2021 in light of pre-transfer settlement discussions. Signed on 09/21/2020 by District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached. (Maerz, Mary)
September 21, 2020 Opinion or Order Filing 46 ORDER granting #37 motion to withdraw as attorney. Attorney Jordan E Jarreau terminated. Signed on 09/21/2020 by District Judge M. Douglas Harpool. (Maerz, Mary) (Main Document 46 replaced on 10/5/2020) (Maerz, Mary).
September 21, 2020 Opinion or Order Filing 45 ORDER granting #36 motion to withdraw as attorney as to Jessica Junek. Signed on 09/21/2020 by District Judge M. Douglas Harpool. (Maerz, Mary) (Main Document 45 replaced on 10/5/2020) (Maerz, Mary).
September 21, 2020 Opinion or Order Filing 44 ORDER granting #35 motion to withdraw as attorney. Attorney Melissa Dorman Matthews terminated. Signed on 09/21/2020 by District Judge M. Douglas Harpool. (Maerz, Mary) (Main Document 44 replaced on 10/5/2020) (Maerz, Mary).
September 11, 2020 Filing 43 DISCLOSURE OF CORPORATE INTERESTS filed by Kara T Stubbs on behalf of Defendants Bard Peripheral Vascular Inc, C R Bard Inc.(Stubbs, Kara)
September 9, 2020 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 9/23/2020 unless otherwise directed by the court. (Stubbs, Kara)
September 9, 2020 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)
September 9, 2020 Opinion or Order Filing 40 ORDER granting #39 motion to appear pro hac vice entered by Clerk of Court. Attorney Steven Scott Schulte for Kathleen Higgs 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 39 Motion to allow Steven S. Schulte to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7034067) filed by Chelsea E Dickerson on behalf of Kathleen Higgs. (Dickerson, Chelsea)
September 8, 2020 Filing 38 NOTICE of appearance by Chelsea E Dickerson on behalf of Kathleen Higgs (Attorney Chelsea E Dickerson added to party Kathleen Higgs(pty:pla))(Dickerson, Chelsea)
September 3, 2020 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, 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 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 9/17/2020 unless otherwise directed by the court. (Stubbs, Kara)
September 3, 2020 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, McKesson Corporation. Suggestions in opposition/response due by 9/17/2020 unless otherwise directed by the court. (Stubbs, Kara)
September 2, 2020 NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP)
August 27, 2020 Opinion or Order Filing 34 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. (Berner, Crystal)
August 27, 2020 Opinion or Order Filing 33 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. (Berner, Crystal)
August 27, 2020 Filing 32 Motion to allow John Voorhees to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7016517) filed by Kara T Stubbs on behalf of Bard Peripheral Vascular Inc, C R Bard Inc. (Stubbs, Kara)
August 27, 2020 Filing 31 Motion to allow John A. Wharton to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7016495) filed by Kara T Stubbs on behalf of Bard Peripheral Vascular Inc, C R Bard Inc. (Stubbs, Kara)
August 27, 2020 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)
August 27, 2020 Opinion or Order Filing 29 RULE 16 NOTICE. Proposed scheduling order due by 10/13/2020. Rule 26 conference due by 9/25/2020. Signed on 8/27/20 by District Judge M. Douglas Harpool. (View, Pat)
August 24, 2020 Filing 28 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)(Keller, Jeanne)
August 24, 2020 Filing 27 CASE TRANSFERRED IN from District of Texas Northern; Case Number 3:20-cv-02470.
August 20, 2020 Opinion or Order Filing 26 MEMORANDUM OPINION AND ORDER grants #22 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 Ronald Dominy's case be severed and transferred to the Charlotte Division of the Western District of North Carolina (Civil case 3:20-cv-2467 opened); b. Plaintiff Norman Gueno's case be severed and transferred to the Hattiesburg Division of the Southern District of Mississippi (Civil case 3:20-cv-2468 opened); c. Plaintiff Darell Harvey's case be severed and transferred to the Los Angeles Division of the Central District of California (Civil case 3:20-cv-2469 opened); d. Plaintiff Kathleen Higgs's case be severed and transferred to the Springfield Division of the Western District of Missouri (Civil case 3:20-cv-2470 opened); e. Plaintiff Bernard Hughes's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2471 opened); f. Plaintiff Stanley Smith's case be severed and transferred to the Akron Division of the Northern District of Ohio (Civil case 3:20-cv-2472 opened); g. Plaintiff Terrance Thompson's case be severed and transferred to the Bismarck Division of the District of North Dakota (Civil case 3:20-cv-2473 opened); and h. Plaintiff Malilae Washington's case be severed and transferred to the District of Columbia (Civil case 3:20-2474 opened). Plaintiff Ricardo Mata 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 8/20/2020) (jmg) [Transferred from txnd on 8/24/2020.]
August 19, 2020 Opinion or Order Filing 25 Order:Pursuant to the parties' agreement, see ECF Nos. 22, 24, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Tina Votava's claims against Defendants. The parties shall bear their own costs. All relief not expressly granted is DENIED, (Ordered by Judge Karen Gren Scholer on 8/19/2020) (ykp) [Transferred from txnd on 8/24/2020.]
August 14, 2020 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 8/24/2020.]
August 13, 2020 Filing 23 Brief/Memorandum in Support filed by Ronald Dominy, Norman Gueno, Darell Harvey, Kathleen Higgs, Bernard Hughes, Ricardo Mata, Stanley Smith, Terrance Thompson, Tina Votava, Malilae Washington re #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/24/2020.]
August 13, 2020 Filing 22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Ronald Dominy, Norman Gueno, Darell Harvey, Kathleen Higgs, Bernard Hughes, Ricardo Mata, Stanley Smith, Terrance Thompson, Tina Votava, Malilae Washington (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/24/2020.]
August 3, 2020 Filing 21 Appendix in Support filed by Ronald Dominy, Norman Gueno, Darell Harvey, Kathleen Higgs, Bernard Hughes, Ricardo Mata, Stanley Smith, Terrance Thompson, Tina Votava, Malilae Washington re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/24/2020.]
August 3, 2020 Filing 20 Brief/Memorandum in Support filed by Ronald Dominy, Norman Gueno, Darell Harvey, Kathleen Higgs, Bernard Hughes, Ricardo Mata, Stanley Smith, Terrance Thompson, Tina Votava, Malilae Washington re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/24/2020.]
August 3, 2020 Filing 19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Ronald Dominy, Norman Gueno, Darell Harvey, Kathleen Higgs, Bernard Hughes, Ricardo Mata, Stanley Smith, Terrance Thompson, Tina Votava, Malilae Washington (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/24/2020.]
August 3, 2020 Filing 18 RESPONSE filed by Ronald Dominy, Norman Gueno, Darell Harvey, Kathleen Higgs, Bernard Hughes, Ricardo Mata, Stanley Smith, Terrance Thompson, Tina Votava, Malilae Washington re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from txnd on 8/24/2020.]
July 22, 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 8/24/2020.]
July 21, 2020 Filing 16 NOTICE of Filing Completed Forms For Each Plaintiff filed by Ronald Dominy, Norman Gueno, Darell Harvey, Kathleen Higgs, Bernard Hughes, Ricardo Mata, Stanley Smith, Terrance Thompson, Tina Votava, Malilae Washington (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from txnd on 8/24/2020.]
July 16, 2020 Opinion or Order 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) (oyh) [Transferred from txnd on 8/24/2020.]
July 7, 2020 Opinion or Order Filing 14 ORDER: This civil action is transferred to the docket of Judge Karen Gren Scholer. All future pleadings shall be filed under Civil Action No. 3:20-CV-1531-S. (Ordered by Senior Judge Sidney A Fitzwater on 7/7/2020) (aaa) [Transferred from txnd on 8/24/2020.]
June 29, 2020 Opinion or Order Filing 13 ORDER granting #12 Motion to Extend Time to File Response/Reply. It is ORDERED that the Plaintiffs have until 8/3/2020 to respond to Defendants' Motions to Dismiss. It is further ORDERED that Defendants have until 9/3/2020 to file replies. (Ordered by Senior Judge Sidney A Fitzwater on 6/29/2020) (ykp) [Transferred from txnd on 8/24/2020.]
June 29, 2020 Filing 12 MOTION for Extension of Time to File Response/Reply to #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction filed by Ronald Dominy, Norman Gueno, Darell Harvey, Kathleen Higgs, Bernard Hughes, Ricardo Mata, Stanley Smith, Terrance Thompson, Tina Votava, Malilae Washington (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/24/2020.]
June 18, 2020 Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 11 replaced to flatten image on 6/18/2020) (dsr). [Transferred from txnd on 8/24/2020.]
June 18, 2020 Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from txnd on 8/24/2020.]
June 18, 2020 Filing 9 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 8/24/2020.]
June 18, 2020 Filing 8 Brief/Memorandum in Support filed by McKesson Corporation re #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from txnd on 8/24/2020.]
June 18, 2020 Filing 7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from txnd on 8/24/2020.]
June 11, 2020 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from txnd on 8/24/2020.]
June 11, 2020 Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Matthews, Melissa) [Transferred from txnd on 8/24/2020.]
June 11, 2020 Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Matthews, Melissa) [Transferred from txnd on 8/24/2020.]
June 11, 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 8/24/2020.]
June 11, 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 8/24/2020.]
June 11, 2020 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10907739) 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 - Citation Issued to Bard Peripheral Vascular, Inc., #11 Exhibit(s) D-5 - Citation Issued to C.R. Bard, Inc., #12 Exhibit(s) D-6 - Citation Issued to McKesson Corp., #13 Exhibit(s) D-7 - Affidavit of Service - McKesson, #14 Exhibit(s) D-8 - Return of Service - C.R. Bard, #15 Exhibit(s) D-10 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from txnd on 8/24/2020.]

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Missouri Western District Court's Electronic Court Filings (ECF) System

Search for this case: Higgs v. C R Bard Inc et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Bard Peripheral Vascular Inc
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: John Voorhees
Represented By: Kara T Stubbs
Represented By: John A. Wharton
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: C R Bard Inc
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: John Voorhees
Represented By: Kara T Stubbs
Represented By: John A. Wharton
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: McKesson Corporation
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: John Voorhees
Represented By: Kara T Stubbs
Represented By: John A. Wharton
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: DOES 1 through 100, Inclusive
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Kathleen Higgs
Represented By: Darren McDowell
Represented By: Eric Martin Przybysz
Represented By: Steven Scott Schulte
Represented By: Chelsea E Dickerson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?