Divelbliss v. Bard Access Systems, Inc. et al
Plaintiff: Kimberly Divelbliss
Defendant: Bard Access Systems, Inc. and C.R. Bard, Inc.
Case Number: 1:2022cv00601
Filed: August 12, 2022
Court: US District Court for the District of New Mexico
Presiding Judge: Kirtan Khalsa
Referring Judge: Jerry H Ritter
2 Judge: David H Urias
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1446 Petition for Removal- Personal Injury
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 7, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 7, 2022 Filing 27 RESPONSE to Motion re #21 MOTION to Dismiss filed by Kimberly Divelbliss. (Lakins, Charles)
October 4, 2022 Filing 26 AMENDED COMPLAINT against All Defendants., filed by Kimberly Divelbliss. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Lakins, Charles)
September 30, 2022 Filing 25 NOTICE by Kimberly Divelbliss re #21 MOTION to Dismiss of Extension of Time (Lakins, Charles)
September 26, 2022 Filing 24 CERTIFICATE OF SERVICE by Kimberly Divelbliss Initial Disclosures (Lakins, Charles) Modified text on 9/27/2022 (arp).
September 20, 2022 Filing 23 CERTIFICATE OF SERVICE by Bard Access Systems, Inc., C.R. Bard, Inc. Initial Disclosures Pursuant to Rule 26(a)(1) (Walker, Alex)
September 19, 2022 Filing 22 NOTICE OF WITHDRAWAL OF DOCUMENT by Kimberly Divelbliss (Lakins, Charles)
September 16, 2022 Filing 21 MOTION to Dismiss by Bard Access Systems, Inc., C.R. Bard, Inc.. (Attachments: #1 Exhibit 1) (Walker, Alex)
September 12, 2022 Opinion or Order Filing 20 ORDER VACATING INITIAL SCHEDULING ORDER AND FINDING GOOD CAUSE TO DELAY by Magistrate Judge Kirtan Khalsa. The parties' Joint Motion to Vacate the Initial Scheduling Order (Doc. 19) is granted. The Court's Initial Scheduling Order (Doc. 4) and all hearings and deadlines set forth therein are vacated, except that the parties shall exchange initial disclosures by 9/20/2022. (kmt)
September 8, 2022 Filing 19 Joint MOTION to Vacate the Initial Scheduling Order by Bard Access Systems, Inc., C.R. Bard, Inc.. (Walker, Alex)
September 6, 2022 Filing 18 MEMORANDUM in Opposition to Plaintiffs Motion to Remand filed by Bard Access Systems, Inc., C.R. Bard, Inc.. (Attachments: #1 Exhibit A) (Walker, Alex)
August 26, 2022 Filing 17 NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: No. 8. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg)
August 25, 2022 Filing 16 NOTICE by Bard Access Systems, Inc., C.R. Bard, Inc. Notice of Certification of Good Standing of Associated Counsel Wilfred P. Coronato (Walker, Alex)
August 25, 2022 Filing 15 NOTICE by Bard Access Systems, Inc., C.R. Bard, Inc. Notice of Certification of Good Standing of Associated Counsel Edward J. Fanning, Jr. (Walker, Alex)
August 25, 2022 Filing 14 NOTICE by Bard Access Systems, Inc., C.R. Bard, Inc. Notice of Certification of Good Standing of Associated Counsel Christopher A. Rojao (Walker, Alex)
August 25, 2022 Filing 13 ASSOCIATION of Attorney Licensed Outside the District for Defendants Bard Access Systems, Inc., C.R. Bard, Inc. by Alex Cameron Walker on behalf of: Wilfred P. Coronato McCARTER & ENGLISH, LLP Four Gateway Center, 100 Mulberry St.Newark, NJ 07102 (973) 622-4444 Fax (973) 624-7070 wcoronato@mccarter.com (Association Dues - Online Payment) (Walker, Alex)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
August 25, 2022 Filing 12 ASSOCIATION of Attorney Licensed Outside the District for Defendants Bard Access Systems, Inc., C.R. Bard, Inc. by Alex Cameron Walker on behalf of: Edward J. Fanning, Jr. McCARTER & ENGLISH, LLP Four Gateway Center, 100 Mulberry St.Newark, NJ 07102 (973) 622-4444 Fax (973) 624-7070 efanning@mccarter.com (Association Dues - Online Payment) (Walker, Alex)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
August 25, 2022 Filing 11 ASSOCIATION of Attorney Licensed Outside the District for Defendants Bard Access Systems, Inc., C.R. Bard, Inc. by Alex Cameron Walker on behalf of: Christopher A. Rojao McCARTER & ENGLISH, LLP Four Gateway Center, 100 Mulberry St.Newark, NJ 07102 (973) 622-4444 Fax (973) 624-7070 crojao@mccarter.com (Association Dues - Online Payment) (Walker, Alex)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
August 25, 2022 Association Dues Received: $ 100 receipt number ANMDC-8431245 re: # 13 Association of Attorney Licensed Outside the District,, filed by Bard Access Systems, Inc., C.R. Bard, Inc. (Payment made via Pay.gov)(Walker, Alex)
August 25, 2022 Association Dues Received: $ 100 receipt number ANMDC-8431232 re: # 11 Association of Attorney Licensed Outside the District, filed by Bard Access Systems, Inc., C.R. Bard, Inc. (Payment made via Pay.gov)(Walker, Alex)
August 25, 2022 Association Dues Received: $ 100 receipt number ANMDC-8431237 re: # 12 Association of Attorney Licensed Outside the District,, filed by Bard Access Systems, Inc., C.R. Bard, Inc. (Payment made via Pay.gov)(Walker, Alex)
August 24, 2022 Filing 10 PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge David H. Urias as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. United States Magistrate Judge Jerry H. Ritter no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
August 24, 2022 Filing 9 NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge no later than 9/5/2022 unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (cd)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
August 23, 2022 Filing 7 NOTICE by Kimberly Divelbliss of Subpoena to Dr. U.R. Dim (Attachments: #1 Exhibit) (Lakins, Charles)
August 23, 2022 Filing 6 MOTION to Dismiss For Improper Venue, or for Lack of Jurisdiction by Kimberly Divelbliss. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Lakins, Charles)
August 15, 2022 Filing 5 NOTICE by Bard Access Systems, Inc., C.R. Bard, Inc. Notice of Agreed Extension of Time for Defendants to Move, Plead or Otherwise Respond to Plaintiffs Complaint (Walker, Alex)
August 15, 2022 Opinion or Order Filing 4 INITIAL SCHEDULING ORDER by Magistrate Judge Kirtan Khalsa. Counsel are to meet and confer by 8/31/2022. The parties' Joint Status Report and Provisional Discovery Plan is due by 9/12/2022. A Telephonic Rule 16 Initial Scheduling Conference is set for 9/21/2022 at 10:30 AM before Judge Khalsa. Counsel are to call the Court's AT&T conference line at (877) 848-7030 and enter the code 7324132 to connect to the proceedings. Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than 9/15/2022. (kmt)
August 12, 2022 Filing 3 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Jerry H. Ritter to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr)
August 12, 2022 Filing 2 Corporate Disclosure Statement by Bard Access Systems, Inc., C.R. Bard, Inc. identifying Corporate Parent Becton, Dickinson and Company, Corporate Parent Bard Access Systems, Inc. for Bard Access Systems, Inc., C.R. Bard, Inc.. (Walker, Alex)
August 12, 2022 Filing 1 NOTICE OF REMOVAL by C.R. Bard, Inc., Bard Access Systems, Inc. from Twelfth Judicial District Court, case number D-1215-CV-2022-00432. ( Filing Fee - Online Payment), filed by C.R. Bard, Inc., Bard Access Systems, Inc.. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Walker, Alex)
August 12, 2022 United States Magistrate Judge Jerry H. Ritter and United States Magistrate Judge Kirtan Khalsa assigned. (dr)
August 12, 2022 Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8411011 re #1 Notice of Removal, filed by Bard Access Systems, Inc., C.R. Bard, Inc. (Payment made via Pay.gov)(Walker, Alex)

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Plaintiff: Kimberly Divelbliss
Represented By: Charles N Lakins
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Defendant: Bard Access Systems, Inc.
Represented By: Jennifer Kittleson
Represented By: Alex Cameron Walker
Represented By: Christopher A. Rojao
Represented By: Edward J. Fanning
Represented By: Wilfred P. Coronato
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Defendant: C.R. Bard, Inc.
Represented By: Jennifer Kittleson
Represented By: Alex Cameron Walker
Represented By: Christopher A. Rojao
Represented By: Edward J. Fanning
Represented By: Wilfred P. Coronato
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