McCarthy v. C R Bard Inc et al
| Maureen McCarthy |
| Does 1 through 100 Inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular Incorporated |
| 1:2020cv07194 |
| September 3, 2020 |
| US District Court for the Southern District of New York |
| Lewis A Kaplan |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 pl |
| Both |
Docket Report
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This docket was last retrieved on December 14, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 35 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by McKesson Corporation..(Di Domenico, Timothy) |
| Filing 34 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent C. R. Bard, Inc. for Bard Peripheral Vascular Incorporated. Document filed by Bard Peripheral Vascular Incorporated, C R Bard Inc..(Di Domenico, Timothy) |
| Filing 33 NOTICE OF APPEARANCE by Timothy Edward Di Domenico on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation..(Di Domenico, Timothy) |
| Filing 32 NOTICE of Substitution of Attorney. Old Attorney: Hartline Barger LLP, New Attorney: Timothy E. Di Domenico, Address: Greenberg Traurig, LLP, 445 Hamilton Avenue, 9th Floor, White Plains, NY, USA 10601, 212-801-9200. Document filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation..(Di Domenico, Timothy) |
| 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) |
| 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) |
| Case Designated ECF. (sjo) |
| 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) |
| 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) |
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.]
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| 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.] |
| 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.] |
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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.]
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| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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 #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.] |
| 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
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.]
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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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (hml) [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 0539-10912238) 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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