Hines v. C R Bard Inc et al
| Saladeem Hines |
| Does 1 through 100 Inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular, Inc. |
| 1:2020cv07197 |
| September 3, 2020 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Katharine H Parker |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 pl |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 14, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 43
ORDER granting #42 Letter Motion to Stay. 90-Day Stay of Discovery is hereby Granted. The parties' shall file a joint status letter with the court by January 19, 2021. The telephonic Initial Case Management Conference scheduled for Tuesday, November 10, 2020 at 10:00 a.m. is hereby rescheduled to Thursday, January 21, 2021 at 10:00 a.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. (Signed by Magistrate Judge Katharine H. Parker on 10/19/2020) (mro)
|
| Filing 42 JOINT MOTION to Stay and Adjournment of Case Management. Document filed by Bard Peripheral Vascular, Inc., C R Bard Inc..(Kirshenberg, Robert) |
|
Filing 41
ORDER denying as moot #2 MOTION to Dismiss the Out-Of State Plaintiffs' Claims for Lack of Personal Jurisdiction. The motion to dismiss for lack of personal jurisdiction filed by Defendants C. R. Bard Inc. and Bard Peripheral Vascular, Inc. is denied as moot. The Clerk of the Court is directed to terminate the motion (Dkt. No. 2). SO ORDERED. (Signed by Judge Paul G. Gardephe on 10/19/2020) (jca)
|
| Set/Reset Hearings: Initial Conference set for 1/21/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker. (mro) |
|
Filing 40
MEMO ENDORSEMENT denying as moot #11 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction. ENDORSEMENT: The motion to dismiss for lack of personal jurisdiction is denied as moot. The Clerk of the Court is directed to terminate the motion. (Dkt. No. 11). SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/18/2020) (jca)
|
|
Filing 39
STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned and pursuant to Local Civil Rule 1.4, that the law firm of Greenberg Traurig, LLP is hereby substituted in place of the law firm of Hartline Barger LLP as counsel of record for defendants C. R. Bard, Inc., a New Jersey Corporation, Bard Peripheral Vascular, Inc., an Arizona Corporation, and McKesson Corporation, a Delaware Corporation, in this action. SO ORDERED. Attorney Jordan E Jarreau and Melissa Dorman Matthews terminated. (Signed by Judge Paul G. Gardephe on 9/18/2020) (jca) Modified on 9/21/2020 (jca).
|
|
Filing 38
JOINT STIPULATION OF DISMISSAL WITHOUTPREJUDICE AS TO DEFENDANT MCKESSON CORPORATION: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned parties, pursuant to Fed. R. Civ. P. 41(a)(l)(A)(ii), that the above-captioned case be dismissed without prejudice as to Defendant McKesson Corporation, with each party to bear its own costs. This dismissal does not toll or extend any applicable statute of limitations. SO ORDERED. McKesson Corporation terminated. (Signed by Judge Paul G. Gardephe on 9/18/2020) (jca)
|
| Filing 37 JOINT LETTER addressed to Judge Paul G. Gardephe from Robert J. Kirshenberg dated September 17, 2020 re: Status of Motion to Dismiss, Substitution of Counsel, Stipulation of Dismissal. Document filed by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation..(Kirshenberg, Robert) |
| Filing 36 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) McKesson Corporation and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by McKesson Corporation. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Kirshenberg, Robert) |
| Filing 35 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by McKesson Corporation..(Kirshenberg, Robert) |
| Filing 34 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent C.R. Bard, Inc. for Bard Peripheral Vascular, Inc.. Document filed by Bard Peripheral Vascular, Inc., C R Bard Inc..(Kirshenberg, Robert) |
| Filing 33 PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Attachments: #1 Rule 1.4 Declaration).(Kirshenberg, Robert) |
| Filing 32 NOTICE OF APPEARANCE by Robert Jay Kirshenberg on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation..(Kirshenberg, Robert) |
| Filing 31 NOTICE OF APPEARANCE by Marissa Banez on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation..(Banez, Marissa) |
| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #36 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Paul G. Gardephe for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt) |
|
Filing 30
INITIAL CASE MANAGEMENT TELEPHONE CONFERENCE ORDER: Initial Conference set for 11/10/2020 at 10:00 AM before Magistrate Judge Katharine H. Parker. Counsel is directed to call the court's telephone conference line at the scheduled time. Please dial (866) 434-5269, Access Code: 4858267. (Signed by Magistrate Judge Katharine H. Parker on 9/8/2020) (mro)
|
|
Filing 29
ORDER: On September 3, 2020, this action was severed and transferred to this Court from the Northern District of Texas. Pending before this Court are Defendants' motions to dismiss for lack of personal jurisdiction and lack of subject matter jurisdiction, which are brought under 5th Circuit law. By September 15, 2020, the parties are directed to submit a joint letter addressing whether the motions are moot in light of the severance and transfer to this Court. (Signed by Judge Paul G. Gardephe on 9/7/2020) (nb)
|
|
Filing 28
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Katharine H. Parker. (Signed by Judge Paul G. Gardephe on 9/7/2020) (nb)
|
| Filing 27 CASE TRANSFERRED IN from the United States District Court - District of Texas Northern; Case Number: 3:20-cv-02730. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| Magistrate Judge Katharine H. Parker 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Paul G. Gardephe. 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) |
| 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 26
MEMORANDUM OPINION AND ORDER granting #20 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 Maydelin Espinoza's case be severed and transferred to the Miami Division of the Southern District of Florida (Civil case 3:20-cv-2725 opened); b. Plaintiff Ana Gomez's case be severed and transferred to the Fort Myers Division of the Middle District of Florida (Civil case 3:20-cv-2726 opened); c. Plaintiff Merrylene Green's case be severed and transferred to the Jacksonville Division of the Middle District of Florida (Civil case 3:20-cv-2727 opened); d. Plaintiff Phillip Grimes's case be severed and transferred to the Louisville Division of the Western District of Kentucky (Civil case 3:20-cv-2728 opened); e. Plaintiff Pamela Hale's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (Civil case 3:20-cv-2729 opened); f. Plaintiff Saladeem Hines's case be severed and transferred to the Manhattan Division of the Southern District of New York (Civil case 3:20-cv-2730 opened); g. Plaintiff Bridgette Ismond's case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil case 3:20-cv-2731 opened); h. Plaintiff Spencer Knowles's case be severed and transferred to the Muskogee Division of the Eastern District of Oklahoma (Civil case 3:20-cv-2732 opened); i. Plaintiff Samantha Mlsna's case be severed and transferred to the Madison Division of the Western District of Wisconsin (Civil case 3:20-cv-2733 opened); j. Plaintiff Kenneth Moore's case be severed and transferred to the Kansas City Division of the District of Kansas (Civil case 3:20-cv-2734 opened); k. Plaintiff Vandlean Mosier's case be severed and transferred to the Sacramento Division of the Eastern District of California (Civil case 3:20-cv-2735 opened); l. Plaintiff Albert Noel's case be severed and transferred to the Eastern District of Louisiana (Civil case 3:20-cv-2736 opened); m. Plaintiff Nancy Prescott's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2737 opened); n. Plaintiff John Reynold's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil case 3:20-cv-2738 opened); o. Plaintiff Eddie Tate's case be severed and transferred to the Chattanooga Division of the Eastern District of Tennessee (Civil case 3:20-cv-2740 opened); p. Plaintiff Melba Wooten's case be severed and transferred to the Waycross Division of the Southern District of Georgia (Civil case 3:20-cv-2741 opened). Plaintiff Vickie Ingram 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) (jmg) [Transferred from Texas Northern on 9/3/2020.]
|
| Filing 25 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #24 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 24 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Albert Noel (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 23 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 22 Appendix in Support filed by Maydelin Espinosa, Ana Gomez, Merrylene Green, Phillip Grimes, Pamela Hale, Saladeem Hines, Vicke Ingram, Bridgette Ismond, Spencer Knowles, Samantha Mlsna, Kenneth Moore, Vandlean Mosier, Albert Noel, Nancy Prescott, John Reynolds, Eddie Tate, Melba Wooten re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 21 Brief/Memorandum in Support filed by Maydelin Espinosa, Ana Gomez, Merrylene Green, Phillip Grimes, Pamela Hale, Saladeem Hines, Vicke Ingram, Bridgette Ismond, Spencer Knowles, Samantha Mlsna, Kenneth Moore, Vandlean Mosier, Albert Noel, Nancy Prescott, John Reynolds, Eddie Tate, Melba Wooten re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Maydelin Espinosa, Ana Gomez, Merrylene Green, Phillip Grimes, Pamela Hale, Saladeem Hines, Vicke Ingram, Bridgette Ismond, Spencer Knowles, Samantha Mlsna, Kenneth Moore, Vandlean Mosier, Albert Noel, Nancy Prescott, John Reynolds, Eddie Tate, Melba Wooten (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 19 RESPONSE filed by Maydelin Espinosa, Ana Gomez, Merrylene Green, Phillip Grimes, Pamela Hale, Saladeem Hines, Vicke Ingram, Bridgette Ismond, Spencer Knowles, Samantha Mlsna, Kenneth Moore, Vandlean Mosier, Albert Noel, Nancy Prescott, John Reynolds, Eddie Tate, Melba Wooten re: #2 MOTION to Dismiss the Out-Of State Plaintiffs' Claims for Lack of Personal Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 18 NOTICE of Filing Completed Forms For Each Plaintiff filed by Maydelin Espinosa, Ana Gomez, Merrylene Green, Phillip Grimes, Pamela Hale, Saladeem Hines, Vicke Ingram, Bridgette Ismond, Spencer Knowles, Samantha Mlsna, Kenneth Moore, Vandlean Mosier, Albert Noel, Nancy Prescott, John Reynolds, Eddie Tate, Melba Wooten (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #16 Order, filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
|
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) (oyh) [Transferred from Texas Northern on 9/3/2020.]
|
|
Filing 15
ORDER: The Court grants the parties' Agreed Motion for Leave to Extend the Time for Plaintiff to File Responses to Defendants' Motions to Dismiss and Defendants' Replies to Those Responses [ECF No. #13 ]. Plaintiffs shall respond to Defendants' Motion to Dismiss by 8/27/2020. Defendants shall file their reply, if any, by 9/26/2020. (Ordered by Judge Karen Gren Scholer on 7/9/2020) (ndt) [Transferred from Texas Northern on 9/3/2020.]
|
| Filing 14 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 14 replaced with the flattened document on 7/10/2020) (pnp). [Transferred from Texas Northern on 9/3/2020.] |
| Filing 13 MOTION for Extension of Time to File Response/Reply to #11 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #2 MOTION to Dismiss the Out-Of State Plaintiffs' Claims for Lack of Personal Jurisdiction, #12 Brief/Memorandum in Support of Motion, #3 Brief/Memorandum in Support of Motion filed by Maydelin Espinosa, Ana Gomez, Merrylene Green, Phillip Grimes, Pamela Hale, Saladeem Hines, Vicke Ingram, Bridgette Ismond, Spencer Knowles, Samantha Mlsna, Kenneth Moore, Vandlean Mosier, Albert Noel, Nancy Prescott, John Reynolds, Eddie Tate, Melba Wooten (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 12 Brief/Memorandum in Support filed by McKesson Corporation re #11 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 11 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 9 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 9/3/2020.] |
|
Filing 8
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 7/2/2020) (oyh) [Transferred from Texas Northern on 9/3/2020.]
|
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) (Main Document 7 replaced with flattened document on 7/6/2020) (pnp). [Transferred from Texas Northern on 9/3/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Matthews, Melissa) (Main Document 6 replaced with flattened document on 7/6/2020) (pnp). [Transferred from Texas Northern on 9/3/2020.] |
| Filing 5 AMENDED DOCUMENT by Bard Peripheral Vascular Inc, C R Bard Inc. Amendment to #1 Notice of Removal,,,,,,,. . (Attachments: #1 Cover Sheet Supplement, #2 Cover Sheet Supplement, #3 Exhibit(s) A - Portion of REACH Agreement, #4 Exhibit(s) B - McKesson Corporation, #5 Exhibit(s) C - 8-30-2016 Romney, Kim Deposition, #6 Exhibit(s) D - Index of State Court Documents, #7 Exhibit(s) D-1 - State Court Docket, #8 Exhibit(s) D-2 - P's Original Petition & Jury Demand, #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, Inc., #12 Exhibit(s) D-6 - Citation Issued to McKesson Corporation, #13 Exhibit(s) D-7 - Return of Service - C. R. Bard, Inc., #14 Exhibit(s) D-8 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) (Attachment 1 and 2 replaced with the flattened document on 7/2/2020) (pnp). [Transferred from Texas Northern on 9/3/2020.] |
| 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 9/3/2020.] |
| 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 (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 2 MOTION to Dismiss the Out-Of State Plaintiffs' Claims for Lack of Personal Jurisdiction filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc.. (Filing fee $400; receipt number 0539-10960987) 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 - 8-30-2016 Romney, Kim Deposition, #6 Exhibit(s) D - Index of State Court Documents, #7 Exhibit(s) D-1 - State Court Docket, #8 Exhibit(s) D-2 - P's Orig Petition & Jury Demand, #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, Inc., #12 Exhibit(s) D-6 - Citation Issued to McKesson Corporation, #13 Exhibit(s) D-7 - Return of Service - C. R. Bard, Inc., #14 Exhibit(s) D-8 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
