Fielder v. C R Bard Inc et al
| Duane Fielder |
| C R Bard Inc, McKesson Corporation, DOES 1 THROUGH 100, INCLUSIVE and Bard Peripheral Vascular Inc |
| 3:2020cv00473 |
| August 19, 2020 |
| US District Court for the District of Nevada |
| Reno Office |
| William G Cobb |
| Miranda M Du |
| Brenda Weksler |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Filing 44 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 9/28/2020. By Deputy Clerk: Peggie Vannozzi. Steven Schulte's Motion for permission to practice pro hac vice (ECF No. #42 ) lacks a certificate of good standing. Steven Schulte is advised to obtain the certificate of good standing and attach it to the original motion (ECF No. #42 .) Petitioner is to file the motion with the attached certificate of good standing using the event "Notice of Amended Image" and link it to the original petition (ECF No. #42 ) by 10/6/2020. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 43 NOTICE of Appearance by attorney Mike Hieu Thien Nguyen on behalf of Plaintiff Duane Fielder. (Nguyen, Mike) |
| Filing 42 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 0978-6186933) by Plaintiff Duane Fielder. (Nguyen, Mike) |
| Filing 41 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 9/25/2020. By Deputy Clerk: Peggie Vannozzi. In light of Magistrate Judge Weksler's order (ECF No. #40 ) staying deadlines in this matter, Verified Petitions for out of state attorneys are due by 12/14/2020 if the case does not settle. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) Modified on 9/25/2020 (PAV). |
Filing 40
ORDER granting ECF No. #39 Stipulation to Stay Discovery and All Pretrial Deadlines until December 11, 2020. By December 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 - AB)
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| Filing 39 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 38
ORDER approving ECF No. #35 Stipulation of Dismissal Without Prejudice as to Defendant McKesson Corporation. Signed by Chief Judge Miranda M. Du on 9/3/2020. (Copies have been distributed pursuant to the NEF - KR)
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Filing 37
ORDER granting #34 Stipulation to Substitute Attorneys : Greenberg Traurig, LLP substituted as counsel of record in this action in the place and stead of Hartline Barger LLP. Signed by Magistrate Judge Brenda Weksler on 9/3/2020. ( Attorneys Jordan E Jarreau and Melissa Dorman Matthews terminated. Attorney Eric W. Swanis added. ) (Copies have been distributed pursuant to the NEF - DRM)
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| Filing 36 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 35 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 34 STIPULATION to Substitute Attorneys by Defendants Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation. (Swanis, Eric) |
| Filing 33 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 32 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 8/25/2020. IT IS ORDERED that the parties must file a proposed discovery plan and scheduling order by 10/2/2020. (no image attached) (Copies have been distributed pursuant to the NEF - DCh) |
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Filing 31
REASSIGNMENT ORDER - This case is reassigned to Magistrate Judge Brenda Weksler. All further documents must bear the correct case number 3:20-cv-00473-MMD-BNW. Signed by Chief Judge Miranda M. Du on 8/21/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing 30
STANDING ORDER. This case has been assigned to the Honorable Miranda M. Du. Chief Judge Du's Civil Standing Order is posted on the U.S. District Court, District of Nevada public website and may be accessed directly via this hyperlink: #www.nvd.uscourts.gov This matter has been transferred from the Northern District of Texas (ECF No. #24 .) Motions that were pending in the Northern District of Texas (ECF Nos. #2 , #8 ) are denied without prejudice, subject to refiling in the District of Nevada if applicable. Counsel are encouraged to review the District of Nevada's Local Rules and format their motions, responses and replies accordingly. It is ordered that a joint status report is due by 9/21/2020. The joint status report should indicate to the Court whether this matter should be referred for a settlement conference prior to the filing of a joint pretrial order. It should also list the attorneys who will be participating in the case in the District of Nevada. Those attorneys who will not be participating in this district must file a motion to withdraw as counsel for the party or parties. Out of state counsel who will be participating in this case are hereby advised that, pursuant to District of Nevada Local Rule IA 11-2, they will be required to comply with completion and filing of the Verified Petition and Designation of Local Counsel. Signed by Chief Judge Miranda M. Du on 8/20/2020. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
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| Filing 29 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Jordan E. Jarreau to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 9/3/2020. (no image attached) (LE) |
| Filing 28 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Melissa Dorman Matthews to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 9/3/2020. (no image attached) (LE) |
| Filing 27 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Steven Scott Schulte to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 9/3/2020. (no image attached) (LE) |
| Filing 26 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Darren McDowell to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 9/3/2020. (no image attached) (LE) |
| Filing 25 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Eric Martin Przybysz to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 9/3/2020. (no image attached) (LE) |
| Filing 24 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02320. Original file with transfer order and docket sheet received, with documents numbered 1-23, received electronically (DRM). |
| Case randomly assigned to Chief Judge Miranda M. Du and Magistrate Judge William G. Cobb. (LE) |
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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 Texas Northern on 8/20/2020.]
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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 Texas Northern on 8/20/2020.] |
| 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 Texas Northern on 8/20/2020.] |
| 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 Texas Northern on 8/20/2020.] |
| 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 Texas Northern on 8/20/2020.] |
| 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 Texas Northern on 8/20/2020.] |
| 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 Texas Northern on 8/20/2020.] |
| 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 8/20/2020.] |
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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 Texas Northern on 8/20/2020.]
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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 8/20/2020.]
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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 Texas Northern on 8/20/2020.] |
| 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 Texas Northern on 8/20/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/20/2020.] |
| 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 8/20/2020.] |
| 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 8/20/2020.] |
| 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 8/20/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) [Transferred from Texas Northern on 8/20/2020.] |
| 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 Texas Northern on 8/20/2020.] |
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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 Texas Northern on 8/20/2020.]
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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 Texas Northern on 8/20/2020.] |
| 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 8/20/2020.] |
| 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 8/20/2020.] |
| 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 Texas Northern on 8/20/2020.] |
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