Armijo v. C R Bard Inc et al
| Andrew Armijo |
| McKesson Corporation, C R Bard Inc, Bard Peripheral Vascular Incorporated and Does 1 through 100 Inclusive |
| 2:2020cv00901 |
| September 3, 2020 |
| US District Court for the District of New Mexico |
| James O Browning |
| Gregory J Fouratt |
| Carmen E Garza |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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| Filing 35 Joint MOTION to Stay by Bard Peripheral Vascular Incorporated, C R Bard Inc. (Walker, Alex) |
ORDER VACATING RULE 16 SCHEDULING CONFERENCE by Magistrate Judge Gregory J. Fouratt. The Telephonic Rule 16(c) Hearing set for 11/3/2020 at 2:00 PM is VACATED. (nmh)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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| Filing 34 PLEASE TAKE NOTICE that this case has been reassigned to District Judge James O. Browning 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. Magistrate Judge Carmen E. Garza no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr) |
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Filing 33
ORDER by Chief Magistrate Judge Carmen E. Garza granting #32 Joint Motion to Dismiss Defendant McKesson Corporation without Prejudice. (crc)
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| Filing 32 Joint MOTION to Dismiss Plaintiffs Claims Against McKesson Corporation Without Prejudice by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. (Walker, Alex) |
| Filing 31 NOTICE by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation Notice of Certification of Good Standing of Associated Counsel Philip M. Busman (Walker, Alex) |
| Filing 30 ASSOCIATION of Attorney Licensed Outside the District for Defendants Bard Peripheral Vascular Incorporated, C R Bard Inc, 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 29 NOTICE by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation Notice of Withdrawal of Counsel and Entry of Appearance (Walker, Alex) |
| Association Dues Received: $ 100 receipt number ANMDC-7310779 re: # 30 Association of Attorney Licensed Outside the District,, filed by McKesson Corporation, Bard Peripheral Vascular Incorporated, C R Bard Inc (Payment made via Pay.gov)(Walker, Alex) |
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Filing 28
INITIAL SCHEDULING ORDER by Magistrate Judge Gregory J. Fouratt. Rule 16(c) Hearing set for 11/3/2020 at 02:00 PM before Magistrate Judge Gregory J. Fouratt. Parties shall call the Court's conference line at (888) 363-4735 and use code 9873158 to connect to the proceedings. Joint Status Report due by 10/27/2020. 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 10/1/2020. (nmh)
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| Filing 27 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Carmen E. Garza 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.] (arp) |
| Filing 26 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02636. Original file certified copy of transfer order and docket sheet received. |
| Office code correction. Case office code has been changed from 1 (Albuquerque) to 2 (Las Cruces). (arp) |
| United States Magistrate Judge Carmen E. Garza and United States Magistrate Judge Gregory J. Fouratt assigned. (arp) |
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Filing 25
MEMORANDUM OPINION AND ORDER grants #19 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 Andrew Armijo's case be severed and transferred to the Albuquerque Division of the District of New Mexico (Civil case 3:20-cv-2636 opened); b. Plaintiff David Bennett's case be severed and transferred to the Springfield Division of the Central Division of Illinois (Civil case 3:20-cv-2637 opened); c. Plaintiff Scott Chaffee's case be severed and transferred to the Buffalo Division of the Western District of New York (Civil case 3:20-cv-2638 opened); d. Plaintiff Jonathan Moffett's case be severed and transferred to the Southern Division of the Central District of California (Civil case 3:20-cv-2639 opened); e. Plaintiff John Morris's case be severed and transferred to the Akron Division of the Norther District of Ohio (Civil case 3:20-cv-2640 opened); f. Plaintiff Shirley Mustion's case be severed and transferred to the Western Division of the Western District of Missouri (Civil case 3:20-cv-2641 opened); g. Plaintiff Gail Penn's case be severed and transferred to the Peoria Division of the Central District of Illinois (Civil case 3:20-cv-2642 opened); and h. Plaintiff Mary Stafford's case be severed and transferred to the Jacksonville Division of the Middle District of Florida (Civil case 3:20-cv-2643 opened). Plaintiff Frances Boyd 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) (jmg) [Transferred from Texas Northern on 9/3/2020.]
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Filing 24
ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Jeffrey Jackson's claims against Defendants. Party Jeffrey Jackson terminated. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (axm) [Transferred from Texas Northern on 9/3/2020.]
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| Filing 23 Supplemental RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) Modified title on 8/25/2020 (awc). [Transferred from Texas Northern on 9/3/2020.] |
| Filing 22 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 21 Appendix in Support filed by Andrew Armijo, David Bennett, Scott Chaffee, Jeffrey Jackson, Jonathan Moffett, John Morris, Shirley Mustion, Gail Penn, Mary Stafford re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Andrew Armijo, David Bennett, Scott Chaffee, Jeffrey Jackson, Jonathan Moffett, John Morris, Shirley Mustion, Gail Penn, Mary Stafford re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by Andrew Armijo, David Bennett, Scott Chaffee, Jeffrey Jackson, Jonathan Moffett, John Morris, Shirley Mustion, Gail Penn, Mary Stafford (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 18 RESPONSE AND OBJECTION filed by Andrew Armijo, David Bennett, Frances Boyd, Scott Chaffee, Jeffrey Jackson, Jonathan Moffett, John Morris, Shirley Mustion, Gail Penn, Mary Stafford re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Andrew Armijo, David Bennett, Frances Boyd, Scott Chaffee, Jeffrey Jackson, Jonathan Moffett, John Morris, Shirley Mustion, Gail Penn, Mary Stafford (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
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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 July 22, 2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (ndt) [Transferred from Texas Northern on 9/3/2020.]
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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 9/3/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #9 MOTION to Dismiss for Lack of Jurisdiction , #2 MOTION to Dismiss for Lack of Jurisdiction filed by Andrew Armijo, David Bennett, Frances Boyd, Scott Chaffee, Jeffrey Jackson, Jonathan Moffett, John Morris, Shirley Mustion, Gail Penn, Mary Stafford (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 10 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 8 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 9/3/2020.] |
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Filing 7
ELECTRONIC ORDER: Civil action number 3:20-CV-1554-G is hereby transferred to the docket of the Honorable Karen Gren Scholer and shall henceforth carry the suffix letter "S". (Ordered by Senior Judge A. Joe Fish on 6/15/2020) (ctf) [Transferred from Texas Northern on 9/3/2020.]
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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 Horan). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.] |
| 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 (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10911427) 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 - Index of State Docs, #7 Exhibit(s) D-1 State Court Docket Sheet, #8 Exhibit(s) D-2 2020-04-07 Original Petition, #9 Exhibit(s) D-3 2020-04-07 Civil Case Info. Sheet, #10 Exhibit(s) D-4 - 2020-04-07 Citation Issued - Bard Peripheral, #11 Exhibit(s) D-5 - 2020-04-07 Citation Issued - C.R. Bard, #12 Exhibit(s) 2020-04-07 Citation issued - McKesson, #13 Exhibit(s) D-7 2020-05-06 Return of Service - McKesson, #14 Exhibit(s) D-8 2020-05-22 Return of Service - C.R. Bard, #15 Exhibit(s) D-9 2020-06-04 Return of Service - Bard) (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.] |
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