Degrado v. C R Bard Inc et al
| Susan Degrado |
| McKesson Corporation, C R Bard Inc, Bard Peripheral Vascular Incorporated and DOES 1 THROUGH 100, INCLUSIVE |
| 3:2020cv00500 |
| September 2, 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 48 Mail Returned as Undeliverable re ECF Nos. #40 Stipulation and #41 Order, addressed to Attorney Darren McDowell. (LW) |
| Filing 47 SECOND NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Eric Martin Przybysz, Darren McDowell, and 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 was due by 9/30/2020. (no image attached) (EDS) |
| Filing 46 NOTICE of Change of Address by Attorney Darren McDowell. Old: Simon Eddins & Greenstone LLP, 3232 McKinney Ave, Suite 610, Dallas, TX 75204. New: Fears Nachawati Law Firm, PLLC, 5473 Blair Road, Dallas, TX 75231. (LW) |
| Filing 45 Mail Returned as Undeliverable re ECF No. #44 Order addressed to Attorney Darren McDowell. (DRM) |
Filing 44
ORDER - Mr. McDowell must file a notice informing the Court of his current address by October 16, 2020. Signed by Magistrate Judge Brenda Weksler on 9/25/2020. (Copies have been distributed pursuant to the NEF - LW)
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| Filing 43 Mail Returned as Undeliverable re ECF Nos. 31 Standing Order, #36 Order, 37 Order, addressed to Darren McDowell. (Attachments: #1 Mail Returned as to ECF No. #36 , #2 Mail Returned as to ECF No. 37 ) (AB) |
| Filing 42 Mail Returned as Undeliverable re ECF No. #30 Order, addressed to Attorney Darren McDowell. (DRM) |
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Filing 41
ORDER granting ECF No. #40 Stipulation to Stay Discovery and All Pretrial Deadlines. 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 40 STIPULATION re Discovery and Pre-Trial Deadlines Stay until December 11, 2020 by Defendants Bard Peripheral Vascular Incorporated, C R Bard Inc. (Swanis, Eric) |
| Filing 39 Mail Returned as Undeliverable re 9/2/2020 Assign Judges in Civil Case, addressed to Darren McDowell. (KR) |
| Filing 38 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 9/10/2020. ORDER granting #33 Stipulation. IT IS FURTHER ORDERED that a proposed Discovery Plan/Scheduling Order is due by 9/17/2020. (Copies have been distributed pursuant to the NEF - DCh) |
| Filing 37 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 9/9/2020. This matter has been transferred from the Northern district of Texas (ECF No. #28 .) Motions that were pending in the Northern District of Texas (ECF Nos. #3 , #10 ) 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 9/30/2020. 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. For counsel's 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 as an Attorney. Verified Petitions are due by 9/30/2020. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
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Filing 36
ORDER approving ECF No. #34 Stipulation, dismissing without prejudice Defendant McKesson Corporation. Signed by Chief Judge Miranda M. Du on 9/8/2020. (Copies have been distributed pursuant to the NEF - KR)
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| Filing 35 CERTIFICATE of Interested Parties by Bard Peripheral Vascular Incorporated, 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 Incorporated, 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 Incorporated, C R Bard Inc, McKesson Corporation. (Swanis, Eric) |
| Filing 33 STIPULATION to Substitute Attorneys by Defendants Bard Peripheral Vascular Incorporated, 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 Incorporated, C R Bard Inc, McKesson Corporation. (Swanis, Eric) |
| Filing 31 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 (Copies have been distributed pursuant to the NEF - PAV) |
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Filing 30
REASSIGNMENT ORDER - Case reassigned to Magistrate Judge Brenda Weksler for all further proceedings. All further documents must bear the correct case number 3:20-cv-00500-MMD-BNW. Signed by Chief Judge Miranda M. Du on 9/3/2020. (Copies have been distributed pursuant to the NEF - AB)
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| Filing 29 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02696 (from underlying case in Northern District of Texas, Case Number 3:20-cv-01469) Original file with transfer order and docket sheet received electronically with docket entries 1-28. (DRM) Modified on 9/2/2020 to add docket entries received (DRM). Modified on 9/2/2020 to add underlying N.D.Tex. case number 3:20-cv-01469 (DRM). |
| Case randomly assigned to Chief Judge Miranda M. Du and Magistrate Judge William G. Cobb. (WJ) |
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Filing 28
Memorandum Opinion and Order Grants #18 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 Reginald Carlock's case be severed and transferred to the Central Division of the Eastern Division of Arkansas (3:20-cv-2692 case opened); b. Plaintiff Lucretia Gaddis's case be severed and transferred to the Northern Division of the Southern District of Mississippi (3:20-cv-2693 case opened); c. Plaintiff Earl Lee's case be severed and transferred to the Eastern Division of the Southern District of Mississippi (3:20-cv-2694 case opened); d. Plaintiff Emile Wilkinson-Arter's case be severed and transferred to the Western Division of the Western District of Missouri (3:20-cv-2695 case opend); e. Plaintiff Susan Degrado's case be severed and transferred to the Reno Division of the District of Nevada (3:20-cv-2696 case opened); f. Plaintiff Jacob Williams's case be severed and transferred to the Augusta Division of the Southern District of Georgia (3:20-cv-2697 case opened); g. Plaintiff Brandi Rose's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (3:20-cv-2698 case opened); and h. Plaintiff Anna Parker's case be severed and transferred to the Milwaukee Division of the Eastern District of Wisconsin (3:20-cv-2699 case opened). Plaintiff Lillian Chapa-Mendez 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) (mjr) [Transferred from Texas Northern on 9/2/2020.]
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Filing 27
ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Robert Conley's claims against Defendants. The parties shall bear their own costs Party Robert Conley terminated. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (axm) [Transferred from Texas Northern on 9/2/2020.]
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| Filing 26 Supplemental RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #18 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 9/2/2020.] |
| Filing 25 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 24 NOTICE of Filing Completed Forms for Each Plaintiff re: #23 Order Setting Deadline/Hearing, filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) Exhibit A) (Matthews, Melissa) [Transferred from Texas Northern on 9/2/2020.] |
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Filing 23
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) (ctf) [Transferred from Texas Northern on 9/2/2020.]
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| Filing 22 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation re: #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 21 Appendix in Support filed by Reginald Carlock, Lillian Chapa-Mendez, Robert Conley, Susan Degrado, Lucretia Gaddis, Earl Lee, Anna Parker, Brandi Rose, Emile Wilkinson-Arter, Jacob Williams re #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases including Declaration and Exhibits (Schulte, Steven) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Reginald Carlock, Lillian Chapa-Mendez, Robert Conley, Susan Degrado, Lucretia Gaddis, Earl Lee, Anna Parker, Brandi Rose, Emile Wilkinson-Arter, Jacob Williams re #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 19 RESPONSE filed by Reginald Carlock, Lillian Chapa-Mendez, Robert Conley, Susan Degrado, Lucretia Gaddis, Earl Lee, Anna Parker, Brandi Rose, Emile Wilkinson-Arter, Jacob Williams re: #3 MOTION to Dismiss for Lack of Jurisdiction , #10 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Reginald Carlock, Lillian Chapa-Mendez, Robert Conley, Susan Degrado, Lucretia Gaddis, Earl Lee, Anna Parker, Brandi Rose, Emile Wilkinson-Arter, Jacob Williams (Schulte, Steven) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Reginald Carlock, Lillian Chapa-Mendez, Robert Conley, Susan Degrado, Lucretia Gaddis, Earl Lee, Anna Parker, Brandi Rose, Emile Wilkinson-Arter, Jacob Williams (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 9/2/2020.] |
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Filing 16
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 9/2/2020.]
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| Filing 15 MOTION for Extension of Time to File Response/Reply to #3 MOTION to Dismiss for Lack of Jurisdiction , #10 MOTION to Dismiss for Lack of Jurisdiction filed by Reginald Carlock, Lillian Chapa-Mendez, Robert Conley, Susan Degrado, Lucretia Gaddis, Earl Lee, Anna Parker, Brandi Rose, Emile Wilkinson-Arter, Jacob Williams (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/2/2020.] |
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Filing 14
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 9/2/2020.]
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| Filing 13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 11 Brief/Memorandum in Support filed by McKesson Corporation re #10 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 9 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 9/2/2020.] |
| 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 (Jarreau, Jordan) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from Texas Northern on 9/2/2020.] |
| 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by c.r. bard inc., Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10896335) 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 (redacted), #4 Exhibit(s) B - McKesson page, #5 Exhibit(s) C - 08.30.2016 Romney, Kim deposition, #6 Exhibit(s) D-1 Index of State Docs, #7 Exhibit(s) D-2 Chapa-Menza - State Court Docket Sheet, #8 Exhibit(s) D-3. 2020-04-07 - Plaintiffs' Original Petition, #9 Exhibit(s) D-4. 2020-04-07 - Civil Case Information Sheet, #10 Exhibit(s) D-5. 2020-04-08 - Citation Issued to Bard Peripheral Vascular, Inc., #11 Exhibit(s) D-6. 2020-04-08 - Citation Issued to C.R. Bard, #12 Exhibit(s) D-7 2020-04-08 - Citation Issued to McKesson, #13 Exhibit(s) D-8 2020-05-06 - Executed Affidavit of Service to McKesson Corp - 05-01-2020, #14 Exhibit(s) D-9 2020-05-22 - Executed Return of Service to C. R. Bard - 05-20-2020, #15 Exhibit(s) D-10 2020-06-04 Executed Return of Service to Bard Peripheral Vascular, Inc. - 05-20-2020) (Jarreau, Jordan) [Transferred from Texas Northern on 9/2/2020.] |
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