McCarthy v. C R Bard Inc et al
Plaintiff: Maureen McCarthy
Defendant: Does 1 through 100 Inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular Incorporated
Case Number: 1:2020cv07194
Filed: September 3, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Lewis A Kaplan
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332pl
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 3, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 3, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Lewis A. Kaplan. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions. (sjo)
September 3, 2020 NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
September 3, 2020 Magistrate Judge Sarah L. Cave is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sjo)
September 3, 2020 Case Designated ECF. (sjo)
September 3, 2020 Filing 31 CASE TRANSFERRED IN from the United States District Court - District of Texas Northern; Case Number: 3:20-cv-02608. Original file certified copy of transfer order and docket entries received. (sjo)
August 31, 2020 Opinion or Order Filing 30 MEMORANDUM OPINION AND ORDER granting #22 Plaintiffs' 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 Lynnda Bilyeu's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2604-S opened);b. Plaintiff Barbara Favero's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2605-S opened);c. Plaintiff Velveeta Lee's case be severed and transferred to the Southern Division of the Eastern District of Michigan (Civil case 3:20-cv-2606-S opened);d. Plaintiff Michael Lees's case be severed and transferred to the Houston Division of the Southern District of Texas (Civil case 3:20-cv-2607-S opened);e. Plaintiff Maureen McCarthy's case be severed and transferred to the Manhattan Division of the Southern District of New York (Civil case 3:20-cv-2608-S opened);f. Plaintiff Cynthia McDowell's case be severed and transferred to the District of Columbia (Civil case 3:20-cv-2609-S opened);g. Plaintiff Frank Plott's case be severed and transferred to the Newport News Division of the Eastern District of Virginia (Civil case 3:20-cv-2610-S opened); andh. Plaintiff Mildred Sherman's case be severed and transferred to the Columbia Division of the District of South Carolina (Civil case 3:20-cv-2611-S opened). Plaintiff Janie Lynch 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 9/3/2020.]
August 28, 2020 Filing 29 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 , #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #28 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.]
August 27, 2020 Filing 28 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Cynthia McDowell, Frank Plott (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.]
August 26, 2020 Opinion or Order Filing 27 ORDER: Pursuant to the parties' agreement, see ECF Nos. #22 , #26 , the Court DISMISSES WITHOUT PREJUDICE Plaintiff Randy Davis's claims against Defendants. The parties shall bear their own costs. All relief not expressly granted is DENIED. (Ordered by Judge Karen Gren Scholer on 8/26/2020) (ctf) [Transferred from Texas Northern on 9/3/2020.]
August 24, 2020 Filing 26 Supplemental RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #22 Amended 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 9/3/2020.]
August 14, 2020 Filing 25 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 , #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.]
August 13, 2020 Filing 24 Appendix in Support filed by Lynnda Bilyeu, Janie Campbell, Randy Davis, Barbara Favero, Velveeta Lee, Michael Lees, Maureen McCarthy, Cynthia McDowell, Frank Plott, Mildred Sherman re #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.]
August 13, 2020 Filing 23 Brief/Memorandum in Support filed by Lynnda Bilyeu, Janie Campbell, Randy Davis, Barbara Favero, Velveeta Lee, Michael Lees, Maureen McCarthy, Cynthia McDowell, Frank Plott, Mildred Sherman re #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.]
August 13, 2020 Filing 22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Lynnda Bilyeu, Janie Campbell, Randy Davis, Barbara Favero, Velveeta Lee, Michael Lees, Maureen McCarthy, Cynthia McDowell, Frank Plott, Mildred Sherman (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.]
August 3, 2020 Filing 21 Appendix in Support filed by Lynnda Bilyeu, Randy Davis, Barbara Favero, Velveeta Lee, Michael Lees, Maureen McCarthy, Cynthia McDowell, Frank Plott, Mildred Sherman 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.]
August 3, 2020 Filing 20 Brief/Memorandum in Support filed by Lynnda Bilyeu, Randy Davis, Barbara Favero, Velveeta Lee, Michael Lees, Maureen McCarthy, Cynthia McDowell, Frank Plott, Mildred Sherman 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.]
August 3, 2020 Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by Lynnda Bilyeu, Randy Davis, Barbara Favero, Velveeta Lee, Michael Lees, Maureen McCarthy, Cynthia McDowell, Frank Plott, Mildred Sherman (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.]
August 3, 2020 Filing 18 RESPONSE AND OBJECTION filed by Lynnda Bilyeu, Janie Campbell, Randy Davis, Barbara Favero, Velveeta Lee, Michael Lees, Maureen McCarthy, Cynthia McDowell, Frank Plott, Mildred Sherman re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.]
July 22, 2020 Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Lynnda Bilyeu, Janie Campbell, Randy Davis, Barbara Favero, Velveeta Lee, Michael Lees, Maureen McCarthy, Cynthia McDowell, Frank Plott, Mildred Sherman (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.]
July 22, 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.]
July 16, 2020 Opinion or Order 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.]
July 1, 2020 Opinion or Order 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.]
June 29, 2020 Filing 13 MOTION for Extension of Time to File Response/Reply to #2 MOTION to Dismiss for Lack of Jurisdiction , #9 MOTION to Dismiss for Lack of Jurisdiction filed by Lynnda Bilyeu, Janie Campbell, Randy Davis, Barbara Favero, Velveeta Lee, Michael Lees, Maureen McCarthy, Cynthia McDowell, Frank Plott, Mildred Sherman (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.]
June 18, 2020 Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.]
June 18, 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.]
June 18, 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.]
June 18, 2020 Filing 9 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.]
June 18, 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.]
June 15, 2020 Opinion or Order Filing 7 ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge Jane J. Boyle no longer assigned to case. (Ordered by Judge Jane J. Boyle on 6/15/2020) (svc) [Transferred from Texas Northern on 9/3/2020.]
June 12, 2020 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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from Texas Northern on 9/3/2020.]
June 12, 2020 Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.]
June 12, 2020 Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.]
June 12, 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.]
June 12, 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.]
June 12, 2020 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10912238) 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 Plaintiffs' Original Petition, #9 Exhibit(s) D-3 - 2020-04-07 Civil Case Info. Sheet, #10 Exhibit(s) D-4 - 2020-04-07 Jury Demand, #11 Exhibit(s) D-5 - 2020-04-07 Citation Issed - Bard Peripheral Vascular, Inc., #12 Exhibit(s) D-6 - 2020-04-07 Citation Issued - C.R. Bard, Inc., #13 Exhibit(s) D-7 - 020-04-07 Citation Issued - McKesson Corporation, #14 Exhibit(s) D-8 -- 2020-04-17 Status Conference Order, #15 Exhibit(s) D-9 - 2020-05-06 Affidavit of Service - McKesson, #16 Exhibit(s) D-10 - 2020-05-22 Return of Service - C.R. Bard, #17 Exhibit(s) D-11 - 2020-05-29 Status Conference Order, #18 Exhibit(s) D-12 - 2020-06-04 Return of Service - Bard Peripheral) (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.]

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Defendant: Does 1 through 100 Inclusive
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Defendant: McKesson Corporation
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
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Defendant: C R Bard Inc
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
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Defendant: Bard Peripheral Vascular Incorporated
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
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Plaintiff: Maureen McCarthy
Represented By: Darren McDowell
Represented By: Eric Martin Przybysz
Represented By: Steven Scott Schulte
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