McKay v. C R Bard Inc et al
| Karen McKay |
| McKesson Corporation, C R Bard Inc, DOES 1 THROUGH 100, INCLUSIVE and Bard Peripheral Vascular Inc |
| 2:2020cv01564 |
| August 21, 2020 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Daniel J Albregts |
| Andrew P Gordon |
| Brenda Weksler |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 43
ORDER granting #38 Verified Petition for Permission to Practice Pro Hac Vice Steven S. Schulte and approving Designation of Mike H T. Nguyen as Local Counsel. Signed by Judge Andrew P. Gordon on 10/6/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - DRS)
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| Filing 42 NOTICE of Corrected Image/Document re #38 Motion for Permission to Practice Pro Hac Vice - Verified Petition by Plaintiff Karen McKay. (Service of corrected image is attached.) (Attachments: #1 Texas Bar Cert., #2 Certificate of Good Standing) (Nguyen, Mike) |
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Filing 41
ORDER Denying without prejudice #3 Motion to Dismiss. Signed by Judge Andrew P. Gordon on 10/1/2020. (Copies have been distributed pursuant to the NEF - DRS) Modified text on 10/2/2020 (SLD).
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| Filing 40 MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon on 9/28/2020. Re: #38 Motion for Permission to Practice Pro Hac Vice - Verified Petition (no image attached) Verified Petition does not comply with LR IA 11-2(a). Client signature and Certificate of Good Standing are missing from the Petition. Counsel is advised to remedy the deficiencies and refile Petition under event Notice of Corrected Image linking to #38 by October 28, 2020. Failure to comply will result in denial of the Petition.(Copies have been distributed pursuant to the NEF - KSR) |
| Filing 39 NOTICE of Appearance by attorney Mike Hieu Thien Nguyen on behalf of Plaintiff Karen McKay. (Nguyen, Mike) |
| Filing 38 VIEW Corrected Image #42 re: First MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Steve Schulte and DESIGNATION of Local Counsel Mike H. T. Nguyen (Filing fee $ 250 receipt number 0978-6186981) by Plaintiff Karen McKay. (Nguyen, Mike) Modified on 10/5/2020 (SLD). |
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Filing 37
ORDER granting #35 Stipulation to Stay Deadlines. IT IS FURTHER ORDERED that by 12/11/2020 the parties must file a joint status report informing the Court of the status of settlement and discovery. Signed by Magistrate Judge Brenda Weksler on 9/16/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Filing 36
ORDER Denying as moot #7 Motion to Dismiss pursuant to #33 Order on Stipulation of Dismissal. Signed by Judge Andrew P. Gordon on 9/15/2020. (Copies have been distributed pursuant to the NEF - DRS) Modified text on 9/15/2020 (SLD).
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| Filing 35 STIPULATION re Discovery and Pre-Trial Deadlines Stay until December 11, 2020 by Defendants Bard Peripheral Vascular Inc, C R Bard Inc. (Swanis, Eric) |
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Filing 34
ORDER granting #29 STIPULATION to Substitute Attorneys. Eric Swannis added and Attorneys Jordan E Jarreau and Melissa Dorman Matthews terminated. Signed by Magistrate Judge Brenda Weksler on 9/3/2020.; (Copies have been distributed pursuant to the NEF - DRS)
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Filing 33
ORDER granting #30 STIPULATION of Dismissal Without Prejudice as to Defendant McKesson Corporation. Signed by Judge Andrew P. Gordon on 9/3/2020. (Copies have been distributed pursuant to the NEF - DRS)
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| Filing 32 CLERK'S NOTICE. Attorney Action Required to ECF No. #29 . Pursuant to LR IA 6-2: The signature block must not begin on a separate page; it must appear approximately 1 inch below the last typewritten matter on the right-hand side of the last page of the stipulation or ex parte or unopposed motion. Attorney Eric W. Swanis is advised to refile the corrected document using the event Notice of Corrected Image/Document and link to #29 . (no image attached) (SLD) |
| Filing 31 CERTIFICATE of Interested Parties by Bard Peripheral Vascular Inc, C R Bard Inc that identifies all parties that have an interest in the outcome of this case. Corporate Parent Becton, Dickinson and Company for Bard Peripheral Vascular Inc, C R Bard Inc added. (Swanis, Eric) |
| Filing 30 STIPULATION of Dismissal Without Prejudice as to Defendant McKesson Corporation and Order by Defendants Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation. (Swanis, Eric) |
| Filing 29 STIPULATION to Substitute Attorneys by Defendants Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation. (Swanis, Eric) |
| Filing 28 NOTICE of Appearance by attorney Eric W. Swanis on behalf of Defendants Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation. (Swanis, Eric) |
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Filing 27
ORDER for Joint Status Report. The parties have already been ordered to file a joint status report by September 20, 2020.ECF No. 25. In that status report, the parties shall address whether any issue remains to be resolved in either of the motions to dismiss and whether McKesson Corporation should remain a defendant in this action. Signed by Judge Andrew P. Gordon on 9/2/2020. (Copies have been distributed pursuant to the NEF - DRS)
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| Filing 26 STANDING ORDER. This case has been assigned to the Honorable Andrew P. Gordon. Judge Gordon's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - SLD) |
| Judge update in case: Case Reassigned to Magistrate Judge Brenda Weksler for all further proceedings. Magistrate Judge Daniel J. Albregts no longer assigned to the case. (KL) |
| Filing 25 MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon on 8/21/2020. This action was received on* 8/21/2020* pursuant to a court order directing transfer from the* Northern District of Texas* and assigned case number 2:20-cv-01564-APG-DJA. All future documents must bear said correct case number. Joint Status Report due by 9/20/2020. Verified Petition due by 10/5/2020. (Copies have been distributed pursuant to the NEF - JM) |
| Filing 24 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02386. Original file with transfer order and docket sheet received. |
| Case randomly assigned to Judge Andrew P. Gordon and Magistrate Judge Daniel J. Albregts. (JM) |
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Filing 23
MEMORANDUM OPINION AND ORDER granting #17 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 Stacy Eckenrod's case be severed and transferred to the Harrisburg Division of the Middle District of Pennsylvania (Civil case 3:20-cv-2382 opened); b. Plaintiff Ashley Hartman-Massey's case be severed and transferred to the Plano Division of the Eastern District of Texas (Civil case 3-20-cv-2383 opened); c. Plaintiff Toni Hines's case be severed and transferred to the Pittsburgh Division of the Western District of Texas (Civil case 3:20-cv-2384 opened); d. Plaintiff Marlene McBride's case be severed and transferred to the District of Columbia (Civil case 3:20-cv-2385 opened); e. Plaintiff Karen McKay's case be severed and transferred to the Las Vegas Division of the District Court of Nevada (Civil case 3:20-cv-2386 opened); f. Plaintiff Michael Rael's case be severed and transferred to the Lubbock Division of the Northern District of Texas (Civil case 3:20-cv-2387 opened); g. Plaintiff Denise Rowe's case be severed and transferred to the Manassas Division of the Eastern District of Virginia (Civil case 3:20-cv-2388 opened); h. Plaintiff Robert Stuebs's case be severed and transferred to the Kansas City Division of the District of Kansas (Civil case 3:20-cv-2389 oepned); i. Plaintiff Terry Walley's case be severed and transferred to the Wilmington Division of the District of Delaware (Civil case 3:20-cv-2390 opened). Plaintiff Eric Ramirez 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 8/19/2020) (jmg) [Transferred from Texas Northern on 8/21/2020.]
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| Filing 22 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 21 NOTICE of Filing Completed Forms for Each Plaintiff re: #20 Order, filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) Exhibit A) (Matthews, Melissa) [Transferred from Texas Northern on 8/21/2020.] |
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Filing 20
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 8/10/2020. (Ordered by Judge Karen Gren Scholer on 8/3/2020) (oyh) [Transferred from Texas Northern on 8/21/2020.]
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| Filing 19 Appendix in Support filed by Stacy Eckenrod, Ashley Hartman-Massey, Toni Hines, Marlene McBride, Karen McKay, Michael Rael, Eric Ramirez, Denise Rowe, Robert Stuebs, Terry Walley re #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 18 Brief/Memorandum in Support filed by Stacy Eckenrod, Ashley Hartman-Massey, Toni Hines, Marlene McBride, Karen McKay, Michael Rael, Eric Ramirez, Denise Rowe, Robert Stuebs, Terry Walley re #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Stacy Eckenrod, Ashley Hartman-Massey, Toni Hines, Marlene McBride, Karen McKay, Michael Rael, Eric Ramirez, Denise Rowe, Robert Stuebs, Terry Walley (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 16 RESPONSE filed by Stacy Eckenrod, Ashley Hartman-Massey, Toni Hines, Marlene McBride, Karen McKay, Michael Rael, Eric Ramirez, Denise Rowe, Robert Stuebs, Terry Walley re: #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #3 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 15 NOTICE of Filing Completed Forms for Each Plaintiff filed by Stacy Eckenrod, Ashley Hartman-Massey, Toni Hines, Marlene McBride, Karen McKay, Michael Rael, Eric Ramirez, Denise Rowe, Robert Stuebs, Terry Walley (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from Texas Northern 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 Texas Northern on 8/21/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #3 MOTION to Dismiss for Lack of Jurisdiction filed by Stacy Eckenrod, Ashley Hartman-Massey, Toni Hines, Marlene McBride, Karen McKay, Michael Rael, Eric Ramirez, Denise Rowe, Robert Stuebs, Terry Walley (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
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Filing 12
ELECTRONIC ORDER: Civil action numbers 3:20-CV-1499-X; 3:20-CV-1469-X; 3:20-CV-1566-X; and 3:20-CV-1500-X are hereby transferred to the docket of the Honorable Karen Gren Scholer and shall henceforth carry the suffix letter "S". (Ordered by Judge Brantley Starr on 6/19/2020) (ctf) [Transferred from Texas Northern on 8/21/2020.]
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| Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 11 replaced with the document flattened on 6/17/2020) (pnp). [Transferred from Texas Northern 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 Texas Northern on 8/21/2020.] |
| Filing 9 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/21/2020.] |
| 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 Texas Northern on 8/21/2020.] |
| Filing 7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) [Transferred from Texas Northern 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 6/11/2020 (mla). (Main Document 5 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/21/2020.] |
| Filing 4 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, C R Bard Inc re #3 MOTION to Dismiss for Lack of Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 2 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 Texas Northern on 8/21/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10900958) 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 to 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, #13 Exhibit(s) D-7 - Jury Demand, #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 Texas Northern on 8/21/2020.] |
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