Hopkins v. C R Bard Inc et al
| Shelly Hopkins |
| C R Bard Incorporated, Bard Peripheral Vascular Incorporated, McKesson Corporation and Does 1 through 100 Inclusive |
| 2:2020cv00839 |
| August 21, 2020 |
| US District Court for the District of New Mexico |
| Gregory J Fouratt |
| Gregory B Wormuth |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 38
INITIAL SCHEDULING ORDER by Magistrate Judge Gregory B. Wormuth. Joint Status Report due by 11/19/2020. Scheduling Conference set for 12/3/2020 at 02:00 PM. Parties shall call Judge Wormuth's teleconference line at (877) 402-9753, access code 7578461 to be connected 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 10/30/2020. (jls)
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Filing 37
ORDER DISMISSING DEFENDANT McKESSON CORPORATION WITHOUT PREJUDICE by Magistrate Judge Gregory J. Fouratt. The parties' #36 "Joint Motion to Dismiss Plaintiff's Claims Against McKesson Corporation Without Prejudice" is GRANTED. (nmh)
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| Filing 36 Joint MOTION to Dismiss Plaintiffs Claims Against McKesson Corporation Without Prejudice by Bard Peripheral Vascular Incorporated, C R Bard Incorporated, McKesson Corporation. (Walker, Alex) |
| Filing 35 NOTICE by Bard Peripheral Vascular Incorporated, C R Bard Incorporated, McKesson Corporation Notice of Certification of Good Standing of Associated Counsel Philip M. Busman (Walker, Alex) |
| Filing 34 ASSOCIATION of Attorney Licensed Outside the District for Defendants Bard Peripheral Vascular Incorporated, C R Bard Incorporated, McKesson Corporation by Alex Cameron Walker on behalf of: Philip M. Busman NELSON MULLINS RILEY & SCARBOROUGH LLP 101 Constitution Avenue, NW, Suite 900Washington, D.C. 20001 202-689-2988 Fax 202-689-2860 phil.busman@nelsonmullins.com (Association Dues - Online Payment) (Walker, Alex)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 33 NOTICE by Bard Peripheral Vascular Incorporated, C R Bard Incorporated, McKesson Corporation Notice of Withdrawal of Counsel and Entry of Appearance (Walker, Alex) |
| Association Dues Received: $ 100 receipt number ANMDC-7310486 re: # 34 Association of Attorney Licensed Outside the District,, filed by McKesson Corporation, Bard Peripheral Vascular Incorporated, C R Bard Incorporated (Payment made via Pay.gov)(Walker, Alex) |
| Filing 32 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Gregory J. Fouratt 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) |
| Filing 31 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02239. Original file certified copy of transfer order and docket sheet received. |
| United States Magistrate Judge Gregory J. Fouratt and United States Magistrate Judge Gregory B. Wormuth assigned. (dr) |
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Filing 30
MEMORANDUM OPINION AND ORDER granting #27 Unopposed Amended 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 Robert Cordovez's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (Civil Case: 3:20-cv-2236 opened); b. Plaintiff Marilena Cruz's case be severed and transferred to the Philadelphia Division of the Eastern District of Pennsylvania (Civil Case: 3:20-cv-2237 opened); c. Plaintiff Patti Duncan's case be severed and transferred to the United States District Court for the District of Delaware (Civil Case: 3:20-cv-2238 opened); d. Plaintiff Shelly Hopkins's case be severed and transferred to the Las Cruces Division of the District of New Mexico (Civil Case: 3:20-cv-2239 opened); e. Plaintiff Samantha Hunter's case be severed and transferred to the San Francisco Division of the Northern District of California (Civil Case: 3:20-cv-2240 opened); f. Plaintiff John Mcleod's case be severed and transferred to the Mobile Division of the Southern District of Alabama (Civil Case: 3:20-cv-2241 opened); g. Plaintiff Hamby Rose's case be severed and transferred to the Evansville Division of the Southern District of Indiana (Civil Case: 3:20-cv-2242 opened); h. Plaintiff Silvia Marquez's case be severed and transferred to the United States District Court for the District of Puerto Rico (Civil Case: 3:20-cv-2243 opened); i. Plaintiff Slade Otis's case be severed and transferred to the Greenbelt Division of the District of Maryland (Civil Case: 3:20-cv-2244 opened). Plaintiff Patsy Childress 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 8/17/2020) (mjr) [Transferred from Texas Northern on 8/21/2020.]
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| Filing 29 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #23 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #27 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 28 Brief/Memorandum in Support filed by Patsy Childress, Robert Cordovez, Marilena Cruz, Patti Duncan, Shelly Hopkins, Samantha Hunter, Silvia Marquez, John McLeod, Hamby Rose, Otis Slade re #27 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 27 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Patsy Childress, Robert Cordovez, Marilena Cruz, Patti Duncan, Shelly Hopkins, Samantha Hunter, Silvia Marquez, John McLeod, Hamby Rose, Otis Slade (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 26 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation re: #23 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 25 Appendix in Support filed by Patsy Childress, Robert Cordovez, Marilena Cruz, Patti Duncan, Shelly Hopkins, Samantha Hunter, Silvia Marquez, John McLeod, Hamby Rose, Otis Slade re #23 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 24 Brief/Memorandum in Support filed by Patsy Childress, Robert Cordovez, Marilena Cruz, Patti Duncan, Shelly Hopkins, Samantha Hunter, Silvia Marquez, John McLeod, Hamby Rose, Otis Slade re #23 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 23 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Patsy Childress, Robert Cordovez, Marilena Cruz, Patti Duncan, Shelly Hopkins, Samantha Hunter, Silvia Marquez, John McLeod, Hamby Rose, Otis Slade (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 22 RESPONSE filed by Patsy Childress, Robert Cordovez, Marilena Cruz, Patti Duncan, Shelly Hopkins, Samantha Hunter, Silvia Marquez, John McLeod, Hamby Rose, Otis Slade re: #3 MOTION to Dismiss for Lack of Jurisdiction , #13 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 21 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 20 NOTICE of Filing Completed Forms For Each Plaintiff filed by Patsy Childress, Robert Cordovez, Marilena Cruz, Patti Duncan, Shelly Hopkins, Samantha Hunter, Silvia Marquez, John McLeod, Hamby Rose, Otis Slade (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
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Filing 19
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 July 22, 2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (ndt) [Transferred from Texas Northern on 8/21/2020.]
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Filing 18
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 17 MOTION for Extension of Time to File Response/Reply to #3 MOTION to Dismiss for Lack of Jurisdiction , #13 MOTION to Dismiss for Lack of Jurisdiction filed by Patsy Childress, Robert Cordovez, Marilena Cruz, Patti Duncan, Shelly Hopkins, Samantha Hunter, Silvia Marquez, John McLeod, Hamby Rose, Otis Slade (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 16 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 15 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 14 Brief/Memorandum in Support filed by McKesson Corporation re #13 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 13 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 12 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 8/21/2020.] |
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Filing 11
ORDER REASSIGNING CASE. This case is TRANSFERRED to the docket of the Honorable Karen Gren Scholer. All future pleadings shall subsequently be filed under Civil Action No. 3:20-cv-01473-S. Chief Judge Barbara M. G. Lynn no longer assigned to case. (Ordered by Chief Judge Barbara M. G. Lynn on 6/10/2020) (twd) [Transferred from Texas Northern on 8/21/2020.]
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| Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) (Main Document 10 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/21/2020.] |
| Filing 9 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) (Main Document 9 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/21/2020.] |
| Filing 8 CERTIFICATE OF INTERESTED PERSONS by C R Bard Inc. (Jarreau, Jordan) Modified text on 6/10/2020 (dsr). [Transferred from Texas Northern on 8/21/2020.] |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS by Bard Peripheral Vascular Inc. (Jarreau, Jordan) Modified text on 6/10/2020 (dsr). [Transferred from Texas Northern on 8/21/2020.] |
| Filing 6 ***DISREGARD PER ATTORNEY/INCORRECT DOCUMENT FILED***CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) Modified on 6/10/2020 (ykp). [Transferred from Texas Northern on 8/21/2020.] |
| Filing 5 ***DISREGARD PER ATTORNEY/INCORRECT DOCUMENT FILED***CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) Modified on 6/10/2020 (ykp). [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 (Jarreau, Jordan) [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 (Jarreau, Jordan) [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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (hml) [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 0539-10896665) 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 - 8-30-16 Romney, Kim Deposition, #6 Exhibit(s) D-1 Index of State Docs, #7 Exhibit(s) D-2 Childress - State Court Docket Sheet, #8 Exhibit(s) D-3, 2020-04-06 - Plaintiffs' Original Petition, #9 Exhibit(s) D-4. 2020-04-06 - Civil Case Information Sheet, #10 Exhibit(s) D-5 2020-04-06 - Jury Demand, #11 Exhibit(s) D-6. 2020-04-07 - Citation Issued to Bard Peripheral Vascular, Inc., #12 Exhibit(s) D-7. 2020-04-07 - Citation Issued to C. R. Bard, #13 Exhibit(s) D-8 2020-04-07 - Citation Issued to McKesson, #14 Exhibit(s) D-9. 2020-04-09 - Notice of Initial Dismissal Hearing, #15 Exhibit(s) D-10. 2020-05-06 - Executed Affidavit of Service to McKesson- 05-01-2020, #16 Exhibit(s) D-11 2020-05-22 - Executed Return of Service to C. R. Bard - 05-20-2020, #17 Exhibit(s) D-12. 06-04-2020 - Executed Return of Service - Bard Peripheral Vascular, Inc., #18 Exhibit(s) D-13. 06-04-2020 Notice of Initial Dismissal Hearing (08-06-2020) (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.] |
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