Rawlings v. C R Bard Inc et al
| Britney Rawlings |
| Does 1 through 100 inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular, Inc. |
| 6:2020cv01038 |
| September 4, 2020 |
| 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 |
| Both |
Docket Report
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This docket was last retrieved on September 28, 2020. A more recent docket listing may be available from PACER.
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Filing 33
TEXT ORDER: A Text Order was entered in this matter on 9/9/2020 (Dkt. No. 31 ) deeming this case related to Kennebrew v. CR Bard, Inc., et al., Civil Action No. 3:20-CV-0947 (GTS/ML) under Section G.2. of General Order 12, because there exists a similarity of facts and legal issues between the two cases that will likely result in a substantial saving of judicial resources. Additionally, Civil Action No. 3:20-CV-0947 (GTS/ML) was deemed the "Lead Case" and this case was deemed a "Member Case." The Clerk is therefore directed to strike the Letter Motion filed by Steven Schulte #32 , filed in this case on 9/21/2020, and file it, as a courtesy, in the Lead Case 3:20-CV-0947. Parties are again reminded that ALL FUTURE FILINGS MUST BE FILED IN THE LEAD ACTION ONLY, 3:20-CV-0947 (GTS/ML). NO FURTHER SUBMISSIONS ARE TO BE FILED IN THIS ACTION. Authorized by Magistrate Judge Miroslav Lovric on 9/28/2020. (amt)
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| Filing 32 **STRICKEN PER COURT'S 33 ORDER** 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)(pjh, ) Modified on 9/28/2020 (amt). |
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Filing 31
TEXT ORDER deeming this case related to Kennebrew v. CR Bard Inc., et al., Civil Action No. 3:20-CV-0947 (GTS/ML) under Section G.2. of General Order 12, because there exists a similarity of facts and legal issues between the two cases that will likely result in a substantial saving of judicial resources. Additionally, Civil Action No. 3:20-CV-0947 (GTS/ML) shall be deemed the "Lead Case" and this case shall be deemed a "Member Case." ALL FUTURE FILINGS MUST BE FILED IN THE LEAD ACTION ONLY, 3:20-CV-0947 (GTS/ML). NO FURTHER SUBMISSIONS ARE TO BE FILED IN THIS ACTION. SO ORDERED by Magistrate Judge Miroslav Lovric on 9/9/2020.(jdp )
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| Docket Annotation: Case 3:20-CV-947 will be the lead case and all further docketing shall be done in the lead case only. (jdp ) |
| Filing 30 Letter from Melissa Dorman Matthews regarding the #29 Notice of Admission Requirement advising that Attorney Melissa Dorman Matthews, Attorney Jessica Junek, and Attorney Jordan E. Jarreau will not remain as counsel for defendants C.R. Bard, Inc., Bard Peripheral Vascular Incorporated and McKesson Corporation. (pjh, ) |
| Filing 29 NOTICE OF ADMISSION REQUIREMENT: as to Defendants'; Attorneys: Melissa Dorman Matthews, Esq., (Email: mmatthews@hartlinebarger.com), Phone: 214-369-2100 and Jordan E. Jarreau, Esq., (Email: jjarreau@hartlinebarger.com), Phone: 214-346-3753. Admissions due by 9/18/2020. {Copy sent to attorneys by regular email} (jmb) |
| Filing 28 NOTICE OF ADMISSION REQUIREMENT: as to Plaintiff; Attorneys: Eric Martin Przybysz, Esq., (Email: EricP@fnlawfirm.com); Darren McDowell, Esq., (Email: dmcdowell@fnlawfirm.com); and Steven Scott Schulte, Esq., (Email: schulte@fnlawfirm.com) Phone Number 214-890-0711. Admissions due by 9/18/2020. {Copy sent to attorneys by regular email} (jmb) |
| Filing 27 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02673. electronically transferred when case opened |
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Filing 26
MEMORANDUM OPINION AND ORDER granting #19 Unopposed Motion to Sever and Transfer Venue of Out-of-State Plaintiffs' Cases. The Court directs the Clerk of Court to sever and transfer this action as follows: a. Plaintiff Yuri Arkadyey's case be severed and transferred to the Eastern District of Pennsylvania (Civil case 3:20-cv-2668-S opened);b. Plaintiff Robert Frierson's case be severed and transferred to the Southern Division of the Eastern District of Tennessee (Civil case 3:20-cv-2669-S opened);c. Plaintiff Charles Goods's case be severed and transferred to the Greenville Division of the Eastern District of Tennessee (Civil case 3:20-cv-2670-S opened); d. Plaintiff Patricia Harris's case be severed and transferred to the Western District of North Carolina (Civil case 3:20-cv-2671-S opened); e. Plaintiff Barbara Martin's case be severed and transferred to the Florence Division of the District of South Carolina (Civil case 3:20-cv-2672-S opened); f. Plaintiff Britney Rawlings's case be severed and transferred to the Utica Division of the Northern District of New York (Civil case 3:20-cv-2673-S opened); and g. Plaintiff Leah Shrum's case be severed and transferred to the Southern Division of the Eastern District of Tennessee (Civil case 3:20-cv-2674-S opened).Plaintiff Norma Spencer 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) (axm) [Transferred from Texas Northern on 9/4/2020.]
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Filing 25
ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Sharon Mathews's claims against Defendants. The parties shall bear their own costs. Party Sharon Mathews terminated. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (axm) [Transferred from Texas Northern on 9/4/2020.]
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Filing 24
ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Raelene Savage's claims against Defendants. The parties shall bear their own costs Party Raelene Savage terminated. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (axm) [Transferred from Texas Northern on 9/4/2020.]
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| Filing 23 Supplemental RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) Modified title on 8/25/2020 (awc). [Transferred from Texas Northern on 9/4/2020.] |
| Filing 22 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 21 Appendix in Support filed by Yuri Arkadyev, Robert Frierson, Charles Goods, Patricia Harris, Barbara Martin, Sharon Mathews, Britney Rawlings, Raelene Savage, Leah Shrum, Norma Spencer re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Yuri Arkadyev, Robert Frierson, Charles Goods, Patricia Harris, Barbara Martin, Sharon Mathews, Britney Rawlings, Raelene Savage, Leah Shrum, Norma Spencer re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Yuri Arkadyev, Robert Frierson, Charles Goods, Patricia Harris, Barbara Martin, Sharon Mathews, Britney Rawlings, Raelene Savage, Leah Shrum, Norma Spencer (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 18 RESPONSE filed by Yuri Arkadyev, Robert Frierson, Charles Goods, Patricia Harris, Barbara Martin, Sharon Mathews, Britney Rawlings, Raelene Savage, Leah Shrum, Norma Spencer re: #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Yuri Arkadyev, Robert Frierson, Charles Goods, Patricia Harris, Barbara Martin, Sharon Mathews, Britney Rawlings, Raelene Savage, Leah Shrum, Norma Spencer (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) [Transferred from Texas Northern on 9/4/2020.] |
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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 9/4/2020.]
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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 9/4/2020.]
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| Filing 13 Agreed MOTION to Extend Time Resp/Reply filed by Yuri Arkadyev, Robert Frierson, Charles Goods, Patricia Harris, Barbara Martin, Sharon Mathews, Britney Rawlings, Raelene Savage, Leah Shrum, Norma Spencer (Attachments: #1 Proposed Order) (Przybysz, Eric) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 12 replaced with flattened document on 6/18/2020) (awc). [Transferred from Texas Northern on 9/4/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 9/4/2020.] |
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Filing 7
ORDER: Case reassigned to Judge Karen Gren Scholer for all further proceedings. Chief Judge Barbara M. G. Lynn no longer assigned to case. (Ordered by Chief Judge Barbara M. G. Lynn on 6/12/2020) (ndt) [Transferred from Texas Northern on 9/4/2020.]
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| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc identifying Corporate Parent/Other Affiliate Becton, Dickinson and Company for C R Bard Inc. (Matthews, Melissa) Modified corporate parent on 6/12/2020 (mla). [Transferred from Texas Northern on 9/4/2020.] |
| 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from Texas Northern on 9/4/2020.] |
| 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 (Matthews, Melissa) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10903925) 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, #4 Exhibit(s) B - McKesson Corporation, #5 Exhibit(s) C - 08-30-16 Romney, Kim Deposition, #6 Exhibit(s) D - Index of State Court Documents, #7 Exhibit(s) D-1 - State Court Docket Sheet, #8 Exhibit(s) D-2 - Plaintiff's Original Petition, #9 Exhibit(s) D-3 - Civil Case Info Sheet, #10 Exhibit(s) D-4 - Citation Issued to Bard Peripheral Vascular, Inc., #11 Exhibit(s) D-5 - Citation Issued to C.R. Bard, #12 Exhibit(s) D-6 - Citation Issued to McKesson Corp, #13 Exhibit(s) D-7 - 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, Inc.) (Matthews, Melissa) [Transferred from Texas Northern on 9/4/2020.] |
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