Krell et al v. C R Bard Incorporated et al
| Adam J Walker and Amy L Krell |
| C R Bard Incorporated and Bard Peripheral Vascular Incorporated |
| Sean Grace, Kelly McCoy, Steven S Szymanoski, Diana Moss and Travis Kizzer |
| 5:2021cv00531 |
| May 10, 2021 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Glenn T Suddaby |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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Filing 36
ORDER Approving #35 Stipulation of Dismissal as to Plaintiff Diana Moss and Defendants C R Bard Incorporated and Bard Peripheral Vascular Incorporated, pursuant to Fed. R. Civ. P. 41 (a)(1)(A)(ii), with prejudice and with each party to bear its own costs. Signed by Chief Judge Glenn T. Suddaby on 6/23/2021. (sal )
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| Filing 35 STIPULATION of Dismissal - JOINT STIPULATION OF DISMISSAL WITH PREJUDICE by Diana Moss. (Mann, Jonas) |
| Filing 34 NOTICE of Appearance by Jonas Palmer Mann on behalf of Diana Moss (Mann, Jonas) |
| ***Answer due date updated for Bard Peripheral Vascular Incorporated answer due 7/9/2021; C R Bard Incorporated answer due 7/9/2021. (hmr) |
| Filing 33 AFFIDAVIT of Service for Summons and Complaint for Damages served on C.R. Bard, Inc. on 06/18/2021, filed by Travis Kizzer. (Baughman, Laura) |
| Filing 32 AFFIDAVIT of Service for Federal Summons and Original Complaint for Damages; Demand for Jury Trial served on Bard Peripheral Vascular, Inc on 06/18/2021, filed by Travis Kizzer. (Baughman, Laura) |
| Filing 31 Summons Issued as to Bard Peripheral Vascular Incorporated, C R Bard Incorporated. (Attachments: #1 Summons Issued for C.R. Bard Incorporated)(hmr) |
| Filing 30 REQUEST FOR ISSUANCE OF SUMMONS(ES): Travis Kizzer is requesting summons(es) be issued as to (Attachments: #1 Proposed Summons)(Baughman, Laura) |
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Filing 29
TEXT ORDER: No later than 6/21/2021, Plaintiff Kizzer shall file either a (1) status report detailing the progress of serving the summons and complaint upon Defendants, or (2) an affidavit of service demonstrating that Defendants have been served. All other schedules remain in effect including the Rule 16 conference. SO ORDERED by Magistrate Judge Miroslav Lovric on 6/14/2021. (jdp)
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Filing 28
ORDER Approving #26 Stipulation of Dismissal without prejudice as to Plaintiff STEVEN S. SZYMANOSKI and Defendants Bard Peripheral Vascular Incorporated, C R Bard Incorporated. The Parties shall bear their own attorneys' fees, costs, andexpenses, except as otherwise provided for in the Parties' settlement agreement. Signed by Chief Judge Glenn T. Suddaby on 6/14/2021. (sal )
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Filing 27
ORDER Approving #25 Stipulation of Dismissal without prejudice as to Plantiffs Amy L. Krell and Adam J. Walker and Defendants C.R. Bard Incorporated and Bard Peripheral Vascular Incorporated. The Parties shall bear their own attorneys' fees, costs, and expenses, except as otherwise provided for in the Parties' settlement agreement. Signed by Chief Judge Glenn T. Suddaby on 6/14/2021. (sal )
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| Filing 26 STIPULATION of Dismissal (Joint) Szymanoski Matter by Bard Peripheral Vascular Incorporated, C R Bard Incorporated submitted to Judge Miroslav Lovric. (Quinn, Vivian) |
| Filing 25 STIPULATION of Dismissal (Joint) Krell Matter by Bard Peripheral Vascular Incorporated, C R Bard Incorporated submitted to Judge Miroslav Lovric. (Quinn, Vivian) |
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Filing 24
ORDER granting #19 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 5/24/2021. (jdp )
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Filing 23
ORDER granting #18 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 5/24/2021. (jdp )
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Filing 22
ORDER granting #17 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 5/24/2021. (jdp)
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Filing 21
ORDER granting #16 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 5/21/2021. (jdp )
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Filing 20
ORDER granting #15 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 5/21/2021. (jdp)
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| Filing 19 MOTION for Limited Admission Pro Hac Vice of Joseph E. Fornadel III Szymanoski Matter Filing fee $100, receipt number ANYNDC-5528242. (Attachments: #1 Declaration of Vivian M. Quinn, #2 Petition for Admission, #3 New Attorney E-filing Registration Form, #4 Certificate of Good Standing, #5 Proposed Order/Judgment) Motions referred to Miroslav Lovric. (Quinn, Vivian) |
| Filing 18 MOTION for Limited Admission Pro Hac Vice of Joseph E. Fornadel III Moss Matter Filing fee $100, receipt number ANYNDC-5528230. (Attachments: #1 Declaration of Vivian M. Quinn, #2 Petition for Admission, #3 New Attorney E-filing Registration Form, #4 Certificate of Good Standing, #5 Proposed Order/Judgment, #6 Certificate of Service) Motions referred to Miroslav Lovric. (Quinn, Vivian) |
| Filing 17 MOTION for Limited Admission Pro Hac Vice of Joseph E. Fornadel III McCoy Matter Filing fee $100, receipt number ANYNDC-5528225. (Attachments: #1 Declaration of Vivian M. Quinn, #2 Petition for Admission, #3 New Attorney E-filing Registration Form, #4 Certificate of Good Standing, #5 Proposed Order/Judgment) Motions referred to Miroslav Lovric. (Quinn, Vivian) |
| Filing 16 MOTION for Limited Admission Pro Hac Vice of Joseph E. Fornadel III Filing fee $100, receipt number ANYNDC-5528215. (Attachments: #1 Declaration of Vivian M. Quinn, #2 Petition for Admission, #3 New Attorney E-filing Registration Form, #4 Certificate of Good Standing, #5 Proposed Order/Judgment) Motions referred to Miroslav Lovric. (Quinn, Vivian) |
| Filing 15 MOTION for Limited Admission Pro Hac Vice of Joseph E. Fornadel III Grace-Jenkins Matter Filing fee $100, receipt number ANYNDC-5528210. (Attachments: #1 Declaration of Vivian M. Quinn, #2 Petition for Admission, #3 New Attorney E-Filing Registration Form, #4 Certificate of Good Standing, #5 Proposed Order/Judgment) Motions referred to Miroslav Lovric. (Quinn, Vivian) |
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Filing 14
TEXT ORDER consolidating Action Nos. 5:21-CV-531-GTS/ML and 3:21-CV-530 GTS/ML; 6:21-CV-532 GTS/ML; 5:21-CV-534 GTS/ML; 1:21-CV-537 GTS/ML; and 5:21-CV-545 GTS/ML, with this action 5:21-CV-531 being designated as the lead action and 3:21-CV-530 GTS/ML; 6:21-CV-532 GTS/ML; 5:21-CV-534 GTS/ML; 1:21-CV-537 GTS/ML; and 5:21-CV-545 GTS/ML being designated as member cases. All future filing shall be filed in the lead case, 5:21-CV-531 GTS/ML. SO ORDERED by Magistrate Judge Miroslav Lovric on 5/17/2021.(jdp )
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| Filing 13 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 7/27/2021 at 1:00 PM before Magistrate Judge Miroslav Lovric by telephone. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 7/20/2021. (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 ) |
| Per the Court's 12 Order in 5:21-CV-531 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 12
TEXT ORDER granting Direct Assignment of case to Chief Judge Glenn T. Suddaby and Magistrate Judge Miroslav Lovric. The cases are deemed related. SO ORDERED by Chief Judge Glenn T. Suddaby on 5/12/2021. (sal )
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| Filing 11 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Bard Peripheral Vascular Incorporated, C R Bard Incorporated identifying Corporate Parent Becton, Dickinson and Company for Bard Peripheral Vascular Incorporated, C R Bard Incorporated.. (Quinn, Vivian) |
| Filing 10 NOTICE of Appearance by Vivian M. Quinn on behalf of Bard Peripheral Vascular Incorporated, C R Bard Incorporated (Quinn, Vivian) |
| Filing 9 NOTICE of Appearance by Tracey B. Scarpello on behalf of Bard Peripheral Vascular Incorporated, C R Bard Incorporated (Scarpello, Tracey) |
| Filing 8 Letter/NOTICE by Attorney Richard B. North, Esq., advising that he will not represent Defendants Bard Peripheral Vascular Incorporated, C R Bard Incorporated in this case. (re #7 Notice of Admission Requirement) (plp) |
| Filing 7 NOTICE OF ADMISSION REQUIREMENT: as to Party Defendants; Attorney Richard B. North, Jr., Esq., Email address is richard.north@nelsonmullins.com. Phone number is 404-322-6000. Admissions due by 5/25/2021. {Attorney North served by email} (jmb) |
| Filing 6 Case transferred in from District of Arizona; Case Number 2:19-cv-02779. electronically transferred when case opened. {Onondaga County} (jmb) |
| TEXT Notice pursuant to General Order 12 of Potential Related Case(s), submitted to District Judge for review and determination. Potential Related cases: 5:19-CV-1126 (GTS/ML). (jmb) |
| Remark: Transferring Case to the Northern District of New York via electronic transfer. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 5/10/2021.] |
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Filing 5
AMENDED FINAL SUGGESTION OF REMAND AND TRANSFER ORDER. See Order for Details. Signed by Senior Judge David G Campbell on 4/26/21. (MAP) [Transferred from Arizona on 5/10/2021.]
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Filing 4
*AMENDED by Doc. #5 --FINAL SUGGESTION OF REMAND AND TRANSFER ORDER. See Order for Details. Signed by Senior Judge David G Campbell on 4/20/21. (MAP) Modified on 4/29/2021 (SJF). [Transferred from Arizona on 5/10/2021.]
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| Filing 3 This case has been assigned to the Honorable David G. Campbell, with member case number: CV-19-2779-PHX-DGC. This case is included in MDL-2641. All future pleadings or documents should be filed in the Lead Case: 2:15-md-2641-DGC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 5/10/2021.] |
| Filing 2 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Adam J Walker, Amy L Krell. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 5/10/2021.] |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-16859950 filed by Amy L Krell, Adam J Walker. (Attachments: #1 Civil Cover Sheet)(MAP) [Transferred from Arizona on 5/10/2021.] |
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