Kennebrew v. CR Bard Inc et al
| Kimberly Kennebrew |
| CR Bard Inc, Bard Peripheral Vascular Incorporated, McKesson Corporation and Does 1 through 100 inclusive |
| Britney Rawlings, Phyllis Bennett and Darcy Duncan |
| 3:2020cv00947 |
| August 19, 2020 |
| US District Court for the Northern District of New York |
| Binghamton Office |
| Miroslav Lovric |
| Glenn T Suddaby |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on October 13, 2020. A more recent docket listing may be available from PACER.
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| Filing 88 NOTICE by Bard Peripheral Vascular Incorporated, CR Bard Inc Letter to Clerk of the Court re docketing materials from ND Texas (Quinn, Vivian) |
| Filing 87 NOTICE of Appearance by Joseph E Fornadel, III on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc (Attachments: #1 Certificate of Service)(Fornadel, Joseph) |
| Filing 86 NOTICE of Appearance by Joseph E Fornadel, III on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc (Attachments: #1 Certificate of Service)(Fornadel, Joseph) |
| Filing 85 NOTICE of Appearance by Joseph E Fornadel, III on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc (Attachments: #1 Certificate of Service)(Fornadel, Joseph) |
| Filing 84 NOTICE of Appearance by Joseph E Fornadel, III on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc (Attachments: #1 Certificate of Service)(Fornadel, Joseph) |
| Filing 83 NOTICE of Appearance by James F. Rogers on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc (Attachments: #1 Certificate of Service)(Rogers, James) |
| Filing 82 NOTICE of Appearance by James F. Rogers on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc (Attachments: #1 Certificate of Service)(Rogers, James) |
| Filing 81 NOTICE of Appearance by James F. Rogers on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc (Attachments: #1 Certificate of Service)(Rogers, James) |
Filing 80
TEXT ORDER: The parties are directed to, no later than 10/19/2020, review the N.D.N.Y. docket in this case and confer with the Clerk's office to make certain that all documents, pleadings, court orders, court decisions, and other pertinent filings from the Northern District of Texas are properly docketed, included, or referenced on the N.D.N.Y. docket. It is the responsibility of the parties to ensure that pertinent docket entries from the Northern District of Texas have been transferred to the N.D.N.Y. docket. The parties shall notify the Clerk of the Court if any additional docket entries from the Northern District of Texas need to be added to this docket or referenced in this docket. The parties are directed to complete this no later than 10/19/2020. No later than 10/19/2020, all parties are directed to either file a Notice of Appearance or advise the Court in writing that he/she is proceeding pro se. All other schedules remain in effect. SO ORDERED by Magistrate Judge Miroslav Lovric on 10/5/2020. (jdp )
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Filing 79
TEXT ORDER: Letter Motion #78 is GRANTED. Counsel for Plaintiff Rawlings shall file a notice of appearance by 10/18/2020. All parties shall comply with the G.O. 25 Filing Order #34 and Text Order 77 . SO ORDERED by Magistrate Judge Miroslav Lovric on 9/29/2020.(jdp )
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| Filing 78 Letter Motion from Steven S. Schulte for Britney Rawlings requesting an extension of time for local counsel to enter an appearance submitted to Judge Miroslav Lovric. (Attachments: #1 Proposed Order/Judgment)(amt) |
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Filing 77
TEXT ORDER: All parties shall comply with the G.O. 25 Filing Order. (Dkt. No. 34.) On or before 11/12/2020, the parties shall file one joint Civil Case Management Plan. SO ORDERED by Magistrate Judge Miroslav Lovric on 9/18/2020.(jdp )
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| Notice of Filing Deficiency re: #76 Motion for Limited Admission Pro Hac Vice of Steven Schulte. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: Admission fee of $100.00, Declaration of SponsorThe corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
| Filing 76 MOTION for Limited Admission Pro Hac Vice of Steven S. Schulte. No fee paid. (Attachments: #1 Petition for Admission, #2 Electronic Filing Registration Form, #3 Certificate of Good Standing, #4 Certificate of Service, #5 Envelope) Motions referred to Magistrate Judge Miroslav Lovric. (pjh, ) |
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Filing 75
TEXT ORDER directing the Clerk of Court to terminate the two motions referenced in Defendants' letter-brief of 09/14/2020 (Dkt. No. #74 , referencing Dkt. Nos. #2 , #8 ) for the reasons stated therein. SO ORDERED by Chief Judge Glenn T. Suddaby on 9/15/2020. (sal )
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| Filing 74 LETTER BRIEF regarding Status of Motions to Dismiss (for Kennebrew case) by Bard Peripheral Vascular Incorporated, CR Bard Inc. (Rogers, James) |
| Filing 73 NOTICE of Appearance by James F. Rogers on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc (Rogers, James) |
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Filing 72
ORDER granting #64 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 9/11/2020. (jdp, )
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Filing 71
ORDER granting #63 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 9/11/2020. (jdp, )
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Filing 70
ORDER granting #62 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 9/11/2020. (jdp, )
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Filing 69
ORDER granting #59 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 9/11/2020. (jdp)
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Filing 68
ORDER granting #58 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 9/11/2020. (jdp, )
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Filing 67
ORDER granting #57 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 9/11/2020. (jdp, )
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Filing 66
ORDER approving #61 Stipulation of Dismissal of Plaintiff Darcy Duncan's claims against Defendant McKesson Corporation without prejudice, with each party to bear its own costs and fees. Signed by Chief Judge Glenn T. Suddaby on 9/9/2020. (sal )
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Filing 65
ORDER approving #60 Stipulation of Dismissal of Plaintiff Phyllis Bennett's claims against Defendant McKesson Corporation without prejudice, with each party to bear its own costs and fees. Signed by Chief Judge Glenn T. Suddaby on 9/9/2020. (sal)
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| Filing 64 MOTION for Limited Admission Pro Hac Vice of Joseph E. Fornadel III (Bennett Matter) Filing fee $100, receipt number ANYNDC-5235499. filed by Bard Peripheral Vascular Incorporated, CR Bard Inc. (Attachments: #1 Declaration of Vivian M. Quinn, Esq., #2 Petition for Admission, #3 New Attorney E-filing Registration, #4 Certificate of Good Standing, #5 Proposed Order/Judgment, #6 Certificate of Service) Motions referred to Miroslav Lovric. (Quinn, Vivian) |
| Filing 63 MOTION for Limited Admission Pro Hac Vice of James F. Rogers (Bennett Matter) Filing fee $100, receipt number ANYNDC-5235474. filed by Bard Peripheral Vascular Incorporated, CR Bard Inc. (Attachments: #1 Declaration of Vivian M. Quinn, Esq., #2 Petition for Admission, #3 New Attorney E-filing Registration, #4 Certificate of Good Standing, #5 Proposed Order/Judgment, #6 Certificate of Service) Motions referred to Miroslav Lovric. (Quinn, Vivian) |
| Filing 62 MOTION for Limited Admission Pro Hac Vice of Joseph E. Fornadel III (Rawlings Matter) Filing fee $100, receipt number ANYNDC-5235397. filed by Bard Peripheral Vascular Incorporated, CR Bard Inc. (Attachments: #1 Declaration of Vivian M. Quinn, Esq., #2 Petition for Admission, #3 New Attorney E-filing Registration, #4 Certificate of Good Standing, #5 Proposed Order/Judgment, #6 Certificate of Service) Motions referred to Miroslav Lovric. (Quinn, Vivian) |
| Filing 61 STIPULATION of Dismissal (Amended) on behalf of Defendant McKesson Corporation Only (Duncan Matter) by Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation submitted to Judge Glen T. Suddaby. (Attachments: #1 Certificate of Service)(Quinn, Vivian) |
| Filing 60 STIPULATION of Dismissal (Amended) on behalf of Defendant McKesson Corporation Only (Bennett Matter) by Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation submitted to Judge Glen T. Suddaby. (Attachments: #1 Certificate of Service)(Quinn, Vivian) |
| Filing 59 MOTION for Limited Admission Pro Hac Vice of James F. Rogers (Rawlings Matter) Filing fee $100, receipt number ANYNDC-5235316. filed by Bard Peripheral Vascular Incorporated, CR Bard Inc. (Attachments: #1 Declaration of Vivian M. Quinn, Esq., #2 Petition for Admission, #3 New Attorney E-filing Registration, #4 Certificate of Good Standing, #5 Proposed Order/Judgment, #6 Certificate of Service) Motions referred to Miroslav Lovric. (Quinn, Vivian) |
| Filing 58 MOTION for Limited Admission Pro Hac Vice of Joseph E. Fornadel III (Duncan Matter) Filing fee $100, receipt number ANYNDC-5235202. filed by Bard Peripheral Vascular Incorporated, CR Bard Inc. (Attachments: #1 Declaration of Vivian M. Quinn, Esq., #2 Petition for Admission, #3 New Attorney E-filing Registration, #4 Certificate of Good Standing, #5 Proposed Order/Judgment, #6 Certificate of Service) Motions referred to Miroslav Lovric. (Quinn, Vivian) |
| Filing 57 MOTION for Limited Admission Pro Hac Vice of James R. Rogers (Duncan Matter) Filing fee $100, receipt number ANYNDC-5235173. filed by Bard Peripheral Vascular Incorporated, CR Bard Inc. (Attachments: #1 Declaration of Vivian M. Quinn, Esq., #2 Petition for Admission, #3 New Attorney E-filing Registration, #4 Certificate of Good Standing, #5 Proposed Order/Judgment, #6 Certificate of Service) Motions referred to Miroslav Lovric. (Quinn, Vivian) |
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Filing 56
ORDER approving #54 Stipulation of Dismissal of Plaintiff Britney Rawlings' claims against Defendant McKesson Corporation without prejudice, with each party to bear its own costs and fees. Signed by Chief Judge Glenn T. Suddaby on 9/9/2020. (sal)
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Filing 55
ORDER approving #35 Stipulation of Dismissal of Plaintiff Kimberly Kennebrew's claims against Defendant McKesson Corporation without prejudice, with each party to bear its own costs and fees. Signed by Chief Judge Glenn T. Suddaby on 9/9/2020. (sal)
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| Filing 54 STIPULATION of Dismissal on behalf of Defendant McKesson Corporation Only (Rawlings Matter) by Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation submitted to Judge Glen T. Suddaby. (Attachments: #1 Certificate of Service)(Quinn, Vivian) |
| Filing 53 STIPULATION of Dismissal on behalf of Defendant McKesson Corporation Only (Duncan Matter) by Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation submitted to Judge Glen T. Suddaby. (Attachments: #1 Certificate of Service)(Quinn, Vivian) |
| Filing 52 STIPULATION of Dismissal on behalf of Defendant McKesson Corporation Only (Bennett Matter) by Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation submitted to Judge Glen T. Suddaby. (Attachments: #1 Certificate of Service)(Quinn, Vivian) |
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Filing 51
AMENDED TEXT ORDER: Pursuant to the Court's order deeming Rawlings v. CR Bard Inc., et al., Civil Action No. 6:20-CV-1038 (GTS/ML), Duncan v. CR Bard, Inc., 5:20-CV-1045 (GTS/ML), and Bennett v. CR Bard, Inc., 3:20-CV-1047 (GTS/ML), related to this case pursuant to Section G.2. of General Order 12, this case shall be deemed the "Lead Case" and all future filings must be filed in this action only. The Court will conduct a Rule 16 initial conference on 11/19/2020 at 10 a.m., by telephone conference. The parties are directed to call 877-336-1839, and enter access code 5177238. SO ORDERED by Magistrate Judge Miroslav Lorvic on 9/9/2020.(jdp )
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| Filing 50 NOTICE of Appearance by Tracey B. Scarpello on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation (Attachments: #1 Certificate of Service)(Scarpello, Tracey) |
| Filing 49 NOTICE of Appearance by Tracey B. Scarpello on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation (Attachments: #1 Certificate of Service)(Scarpello, Tracey) |
| Filing 48 NOTICE of Appearance by Tracey B. Scarpello on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation (Attachments: #1 Certificate of Service)(Scarpello, Tracey) |
| Filing 47 NOTICE of Appearance by Vivian M. Quinn on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation (Attachments: #1 Certificate of Service)(Quinn, Vivian) |
| Filing 46 NOTICE of Appearance by Vivian M. Quinn on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation (Attachments: #1 Certificate of Service)(Quinn, Vivian) |
| Filing 45 NOTICE of Appearance by Vivian M. Quinn on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation (Attachments: #1 Certificate of Service)(Quinn, Vivian) |
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Filing 44
TEXT ORDER: Pursuant to the Court's order deeming Rawlings v. CR Bard Inc., et al., Civil Action No. 6:20-CV-1038 (GTS/ML), Duncan v. CR Bard, Inc., 5:20-CV-1045 (GTS/ML), and Bennett v. CR Bard, Inc., 3:20-CV-1047 (GTS/ML), related to this case pursuant to Section G.2. of General Order 12, this case shall be deemed the "Lead Case" and all future filings must be filed in this action only. The Court will conduct a Rule 16 initial conference on 11/9/2020 at 10 a.m., by telephone conference. The parties are directed to call 877-336-1839, and enter access code 5177238. SO ORDERED by Magistrate Judge Miroslav Lorvic on 9/9/2020.(jdp )
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| Docket Annotation: Per the Court's 44 Order the cases are now consolidated. This is the lead case and all docketing shall be done in the lead case. (jdp) |
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Filing 43
TEXT ORDER: Motions [36, 42] are DENIED, without prejudice. Plaintiff has not appeared in this case and no notice of appearance has been filed on behalf of Plaintiff. The parties may re-new their joint motion after Plaintiff files an appearances with the Clerk of the Court. SO ORDERED by Magistrate Judge Miroslav Lovric on 9/8/2020.(jdp )
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| Filing 42 MOTION to Stay re #36 Joint MOTION to Stay Discovery and All Pretrial Deadlines Exhibit A to Joint Motion to Stay Discovery (Proposed Order) filed by Bard Peripheral Vascular Incorporated, CR Bard Inc. Motions referred to Miroslav Lovric. (Quinn, Vivian) |
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Filing 41
ORDER granting #37 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 9/8/2020. (jdp, )
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| Filing 40 Supplemental Admission documents re: #37 Motion for Limited Admission Pro Hac Vice,. (Attachments: #1 New Attorney E-Filing Registration Form)(Quinn, Vivian) |
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Filing 39
ORDER granting #38 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 9/4/2020. (jdp, )
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| Filing 38 MOTION for Limited Admission Pro Hac Vice of Joseph E. Fornadel III Filing fee $100, receipt number ANYNDC-5230544. filed by Bard Peripheral Vascular Incorporated, CR Bard Inc. (Attachments: #1 Declaration of Vivian M. Quinn, Esq., #2 Petition for Admission, #3 New Attorney E-filing Registration, #4 Certificate of Good Standing, #5 Proposed Order/Judgment, #6 Certificate of Service) Motions referred to Miroslav Lovric. (Quinn, Vivian) |
| Filing 37 MOTION for Limited Admission Pro Hac Vice of James F. Rogers Filing fee $100, receipt number ANYNDC-5230493. filed by Bard Peripheral Vascular Incorporated, CR Bard Inc. (Attachments: #1 Declaration of Vivian M. Quinn, Esq., #2 Petition for Admission, #3 New Attorney E-filing Registration, #4 Certificate of Good Standing, #5 Proposed Order/Judgment, #6 Certificate of Service) Motions referred to Miroslav Lovric. (Quinn, Vivian) |
| Filing 36 Joint MOTION to Stay Discovery and All Pretrial Deadlines filed by Bard Peripheral Vascular Incorporated, CR Bard Inc. (Attachments: #1 Certificate of Service) Motions referred to Miroslav Lovric. (Quinn, Vivian) |
| Filing 35 STIPULATION of Dismissal as to Defendant McKesson Corporation Only by Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation submitted to Judge Glen T. Suddaby. (Attachments: #1 Certificate of Service)(Quinn, Vivian) |
| Notice of Filing Deficiency re: #37 Motion for Limited Admission Pro Hac Vice of James F. Rogers. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: a completed E-filing Attorney Registration Form and a completed Petition for Admission to Practice; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
| Filing 34 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 11/19/2020 at 10:00 AM by telephone before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/12/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jdp ) |
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Filing 33
TEXT ORDER directing Defendants to, within FOURTEEN (14) DAYS of the date of this Text Order, file letter-briefs advising the Court if their respective motions to dismiss still survive and, if so, to what extent and why. In addition, within that same FOURTEEN (14) DAY period, Plaintiff is directed to either have her counsel file a Notice of Appearance or advise the Court in writing that she is proceeding pro se. SO ORDERED by Chief Judge Glenn T. Suddaby on 8/31/2020. (Served Plaintiff's counsel via e-mail). (sal )
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| Filing 32 Letter advising that attorneys Melissa Dorman Matthews, Esq., Jessica Junek, Esq., and Jordan Jarreau, Esq., will not be seeking admission in NYND and will not be representing defendants in this case. (plp) |
| Filing 31 NOTICE of Appearance by Tracey B. Scarpello on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation (Attachments: #1 Certificate of Service)(Scarpello, Tracey) |
| Filing 30 NOTICE of Appearance by Vivian M. Quinn on behalf of Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation (Attachments: #1 Certificate of Service)(Quinn, Vivian) |
| Filing 29 NOTICES of Admission Requirement: Eric Martin Przybysz, Esq. (ericp@fnlawfirm.com), Darren McDowell, Esq. (dmcdowell@fnlaw.com), Steven Scott Schulte, Esq. (schulte@fnlawfirm.com), 214-890-0711 for Plaintiff; Melissa Dorman Matthews, Esq. (mmatthews@hartlinebarger.com), Jessica Junek, Esq. (jjunek@hartlinebarger.com), Jordan E. Jarreau, Esq. (jjarreau@hartlinebarger.com), 214-369-2100. Admissions due by 9/2/2020. (plp) |
| Filing 28 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02213. electronically transferred when case opened |
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Filing 27
MEMORANDUM OPINION AND ORDER granting #24 Unopposed Amended Motion to Sever and Transfer Venue of Out-of-State Plaintiff' Cases. The Court directs the Clerk of the Court to sever and transfer this action as follows: a. Plaintiff Johnetta Ateman case be severed and transferred to the Peoria Division of the Central District of Illinois (Civil case 3:20-cv-2209-S opened); b. Plaintiff Ronald Girardin case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2210-S opened); c. Plaintiff Kyla Ferguson's case be severed and transferred to the Kansas City Division of the Western District of Missouri (Civil case 3:20-cv-2211-S opened); d. Plaintiff Shirley Hasselle's case be severed and transferred to the Jackson Division of the Southern District of Mississippi (Civil case 3:20-cv-2212-S opened);e. Plaintiff Kimberly Kennebrew's case be severed and transferred to the Binghamton Division of the Northern District of New York (Civil case 3:20-cv-2213-S opened);f. Plaintiff Angie Lewis's case be severed and transferred to the Savannah of the Southern District of Georgia (Civil case 3:20-cv-2214-S opened);g. Plaintiff Carl Martin's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (Civil case 3:20-cv-2215-S opened);h. Plaintiff Harry Stoner's case be severed and transferred to the Erie Division of the Western District of Pennsylvania (Civil case 3:20-cv-2216-S opened);i. Plaintiff Steve Urevith's case be severed and transferred to the Southern District of New York (Civil case 3:20-cv-2217-S opened); (Ordered by Judge Karen Gren Scholer on 8/17/2020) (axm) [Transferred from Texas Northern on 8/19/2020.]
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| Filing 26 RESPONSE filed by Bard Peripheral Vascular Incorporated, CR Bard Inc re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #24 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 25 Brief/Memorandum in Support filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith re #24 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 24 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 23 RESPONSE filed by Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 22 Appendix in Support filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 21 Brief/Memorandum in Support filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 19 RESPONSE filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith re: #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 18 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Incorporated, CR Bard Inc, Does 1 through 100 Inclusive, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
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Filing 16
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 8/19/2020.]
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Filing 15
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 8/19/2020.]
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| Filing 14 MOTION for Extension of Time to File Response/Reply to #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by Johnetta Ateman, Alex Dominguez, Kyla Ferguson, Ronald Girardin, Shirley Hasselle, Kimberly Kennebrew, Angie Lewis, Carl Martin, Harry Stoner, Steve Urevith (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 13 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction as Amended (Junek, Jessica) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, CR Bard Inc (Junek, Jessica) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Junek, Jessica) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by McKesson Corporation Attorney Jessica Junek added to party McKesson Corporation(pty:dft) (Junek, Jessica) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Junek, Jessica) (Main Document 7 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/19/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CR Bard Inc. (Junek, Jessica) (Main Document 6 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/19/2020.] |
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Filing 5
ELECTRONIC ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer, for all further proceedings. Judge Ed Kinkeade no longer assigned to case. (Ordered by Judge Ed Kinkeade on 6/9/2020) (chmb) [Transferred from Texas Northern on 8/19/2020.]
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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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 3 Brief/Memorandum in Support filed by Bard Peripheral Vascular, Inc., C.R. Bard, Inc. re #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Junek, Jessica) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by Bard Peripheral Vascular Inc, CR Bard Inc. (Junek, Jessica) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 1 NOTICE OF REMOVAL filed by CR Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10897065) 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 - Portions of REACH Agreement (redacted), #4 Exhibit(s) B - McKesson, #5 Exhibit(s) C - 8-30-16 Romney, Kim Depositio, #6 Exhibit(s) D - Index of State 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 Citation Issued to Bard Peripheral Inc, #11 Exhibit(s) D-5 Citation Issued to C.R. Bard, Inc., #12 Exhibit(s) D-6 Citation Issued to McKesson, #13 Exhibit(s) D-7 Executed Affidavit of Service - McKesson, #14 Exhibit(s) D-8 Return of Service C.R. Bard, #15 Exhibit(s) D-9 Return of Service Bard Peripheral Vascular) (Junek, Jessica) Modified Docket Text on 6/9/2020 (oyh). [Transferred from Texas Northern on 8/19/2020.] |
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