Frailich v. C R Bard Inc et al
| Alan Frailich |
| C R Bard Inc, McKesson Corporation, DOES 1 THROUGH 100, INCLUSIVE and Bard Peripheral Vascular Inc |
| 2:2020cv01617 |
| September 1, 2020 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Kent J Dawson |
| Brenda Weksler |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 16, 2020. A more recent docket listing may be available from PACER.
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Filing 39
ORDER granting #38 Stipulation; Joint Status Report due by 12/11/2020. Signed by Magistrate Judge Brenda Weksler on 9/16/2020. (Copies have been distributed pursuant to the NEF - JM)
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| Filing 38 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 37
ORDER granting #33 Stipulation to substitute Greenberg Traurig, LLP as counsel of record in this action in place and stead of Hartline Barger LLP. Signed by Judge Kent J. Dawson on 9/3/2020.(Copies have been distributed pursuant to the NEF - JM)
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Filing 36
ORDER granting #34 Stipulation of Dismissal without prejudice as to Defendant McKesson Corporation; Signed by Judge Kent J. Dawson on 9/3/2020. (Copies have been distributed pursuant to the NEF - JM)
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| Filing 35 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 34 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 33 STIPULATION to Substitute Attorneys by Defendants Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation. (Swanis, Eric) |
| Filing 32 NOTICE of Appearance by attorney Eric W. Swanis on behalf of Defendants Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation. (Swanis, Eric) |
| Filing 31 CLERK'S NOTICE that this case is reassigned to Magistrate Judge Brenda Weksler. All further documents must bear the correct case number 2:20-cv-01617-KJD-BNW. (no image attached) (AF) |
| Filing 30 MINUTE ORDER IN CHAMBERS of the Honorable Judge Kent J. Dawson on 9/1/2020. This action was received on* 9/1/2020* pursuant to a court order directing transfer from the* Northern District of Texas* and assigned case number 2:20-cv-01617-KJD-EJY. All future documents must bear said correct case number. Joint Status Report due by 10/1/2020. Verified Petition due by 10/16/2020. (Copies have been distributed pursuant to the NEF - JM) |
| Filing 29 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02597. Original file with transfer order and docket sheet received. |
| Case randomly assigned to Judge Kent J. Dawson and Magistrate Judge Elayna J. Youchah. (JM) |
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Filing 28
MEMORANDUM OPINION AND ORDER granting #22 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 Ronald Clemons's case be severed and transferred to the Kansas City Division of the District of Kansas (Civil case 3:20-cv-2596-S opened); b. Plaintiff Alan Frailich's case be severed and transferred to the Las Vegas Division of the District of Nevada (Civil case 3:20-cv-2597-S opened); c. Plaintiff Leroy Moton's case be severed and transferred to the Manhattan Division of the Southern District of New York (Civil case 3:20-cv-2598-S opened); d. Plaintiff Ida Napolitano's case be severed and transferred to the New Haven Division of the District of Connecticut (Civil case 3:20-cv-2599-S opened); e. Plaintiff Nancy Poff's case be severed and transferred to the Durham Division of the Middle District of North Carolina (Civil case 3:20-cv-2600-S opened); f. Plaintiff Jamaun Ransom's case be severed and transferred to the Lexington Division of the Eastern District of Kentucky (Civil case 3:20-cv-2601-S opened); g. Plaintiff Jerry Watkins's case be severed and transferred to the Lexington Division of the Eastern District of Kentucky (Civil case 3:20-cv-2602-S opened); andh. Plaintiff Donald Young's case be severed and transferred to the District of Rhode Island (Civil case 3:20-cv-2603-S opened). Plaintiff Brenda Shaffer 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) (axm) [Transferred from Texas Northern on 9/1/2020.]
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Filing 27
ORDER Dismissing Parties. Party Cheryl Jones-Latimer terminated. The parties shall bear their own costs. All relief not expressly granted is DENIED. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (oyh) [Transferred from Texas Northern on 9/1/2020.]
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| Filing 26 Supplemental 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 (Matthews, Melissa) Modified title on 8/25/2020 (awc). [Transferred from Texas Northern on 9/1/2020.] |
| Filing 25 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 MOTION to Transfer Case out of District/Division (Matthews, Melissa) [Transferred from Texas Northern on 9/1/2020.] |
| Filing 24 Appendix in Support filed by Ronald Clemons, Alan Frailich, Cheryl Jones-Latimer, Leroy Moton, Ida Napolitano, Nancy Poff, Jamaun Ransom, Brenda Shaffer, Jerry Watkins, Donald Young re #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 9/1/2020.] |
| Filing 23 Brief/Memorandum in Support filed by Ronald Clemons, Alan Frailich, Cheryl Jones-Latimer, Leroy Moton, Ida Napolitano, Nancy Poff, Jamaun Ransom, Brenda Shaffer, Jerry Watkins, Donald Young re #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 9/1/2020.] |
| Filing 22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Ronald Clemons, Alan Frailich, Cheryl Jones-Latimer, Leroy Moton, Ida Napolitano, Nancy Poff, Jamaun Ransom, Brenda Shaffer, Jerry Watkins, Donald Young (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/1/2020.] |
| Filing 21 Appendix in Support filed by Ronald Clemons, Alan Frailich, Cheryl Jones-Latimer, Leroy Moton, Ida Napolitano, Nancy Poff, Jamaun Ransom, Brenda Shaffer, Jerry Watkins, Donald Young re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 9/1/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Ronald Clemons, Alan Frailich, Cheryl Jones-Latimer, Leroy Moton, Ida Napolitano, Nancy Poff, Jamaun Ransom, Brenda Shaffer, Jerry Watkins, Donald Young re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 9/1/2020.] |
| Filing 19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Ronald Clemons, Alan Frailich, Cheryl Jones-Latimer, Leroy Moton, Ida Napolitano, Nancy Poff, Jamaun Ransom, Brenda Shaffer, Jerry Watkins, Donald Young (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven). [Transferred from Texas Northern on 9/1/2020.] |
| Filing 18 RESPONSE filed by Ronald Clemons, Alan Frailich, Cheryl Jones-Latimer, Leroy Moton, Ida Napolitano, Nancy Poff, Jamaun Ransom, Brenda Shaffer, Jerry Watkins, Donald Young re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 9/1/2020.] |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Ronald Clemons, Alan Frailich, Cheryl Jones-Latimer, Leroy Moton, Ida Napolitano, Nancy Poff, Jamaun Ransom, Brenda Shaffer, Jerry Watkins, Donald Young (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from Texas Northern on 9/1/2020.] |
| 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 Texas Northern on 9/1/2020.] |
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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) (oyh) [Transferred from Texas Northern on 9/1/2020.]
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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 9/1/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #2 MOTION to Dismiss for Lack of Jurisdiction , #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by Ronald Clemons, Alan Frailich, Cheryl Jones-Latimer, Leroy Moton, Ida Napolitano, Nancy Poff, Jamaun Ransom, Brenda Shaffer, Jerry Watkins, Donald Young (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/1/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 12 replaced with the flattened document on 6/23/2020) (pnp). [Transferred from Texas Northern on 9/1/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 9/1/2020.] |
| 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 9/1/2020.] |
| 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 Texas Northern on 9/1/2020.] |
| Filing 8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 9/1/2020.] |
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Filing 7
ORDER: This case is TRANSFERRED to the docket of the Honorable Karen Gren Scholer. Chief Judge Barbara M. G. Lynn no longer assigned to case. (Ordered by Chief Judge Barbara M. G. Lynn on 6/15/2020) (twd) [Transferred from Texas Northern on 9/1/2020.]
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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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from Texas Northern on 9/1/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Matthews, Melissa) [Transferred from Texas Northern on 9/1/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Matthews, Melissa) [Transferred from Texas Northern on 9/1/2020.] |
| 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 Texas Northern on 9/1/2020.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. (Matthews, Melissa) [Transferred from Texas Northern on 9/1/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10913348) 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 C.R. Bard, Inc., #11 Exhibit(s) D-5 - Citation Issued to Bard Peripheral Vascular, 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, Inc., #15 Exhibit(s) D-9 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from Texas Northern on 9/1/2020.] |
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