Gaylor v. C R Bard Inc et al
Plaintiff: Deborah Gaylor
Defendant: McKesson Corporation, C R Bard Inc, Does 1 through 100, inclusive and Bard Peripheral Vascular Inc
Case Number: 1:2020cv01109
Filed: August 19, 2020
Court: US District Court for the Western District of New York
Office: Buffalo Office
Presiding Judge: Jeremiah J McCarthy
Referring Judge: John L Sinatra
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 11, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 11, 2020 Filing 37 TEXT ORDER: The motions of James F. Rogers, Esq and Joseph E. Fornadel, Esq. for pro hac vice admission [33, 34] are granted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 9/11/2020. (MDY)
September 11, 2020 Verified admission to the South Carolina State Bar for Attorneys James F. Rogers and Joseph E. Fornadel,III. (MD)
September 10, 2020 CALENDAR EVENT: Status/Scheduling Conference set for 12/11/2020 at 10:00 AM before Hon. Jeremiah J. McCarthy. (EG)
September 10, 2020 Filing 36 TEXT ORDER: For good cause shown, the parties' joint motion #35 is granted, and discovery, all pretrial deadlines, and the initial Scheduling Conference in this case is hereby stayed for 90 days after entry of this Order to allow the parties to continue settlement negotiations. A Status/Scheduling Conference is set for 12/11/2020 at 10:00 a.m. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 9/10/2020. (EG)
September 10, 2020 Filing 35 Joint MOTION to Stay Discovery and All Pretrial Deadlines by Bard Peripheral Vascular Inc, C R Bard Inc. (Attachments: #1 Exhibit A - Proposed Order, #2 Certificate of Service)(Quinn, Vivian)
September 10, 2020 Filing 34 MOTION to appear pro hac vice of Joseph E. Fornadel III ( Filing fee $ 200 receipt number 0209-3969484.) by Bard Peripheral Vascular Inc, C R Bard Inc. (Attachments: #1 Affidavit Sponsoring Affidavit of Vivian M. Quinn, Esq., #2 Admission by Petition, #3 Attorney Database and Efiling Registration Form, #4 Attorney Oath, #5 Civility Principles and Guidelines, #6 Certificate of Good Standing, #7 Certificate of Service)(Quinn, Vivian)
September 10, 2020 Filing 33 MOTION to appear pro hac vice of James F. Rogers, Esq. ( Filing fee $ 200 receipt number 0209-3969373.) by Bard Peripheral Vascular Inc, C R Bard Inc. (Attachments: #1 Affidavit Sponsoring Affidavit of Vivian M. Quinn, Esq., #2 Admission by Petition, #3 Attorney Database and Efiling Registration Form, #4 Attorney Oath, #5 Civility Principles and Guidelines, #6 Certificate of Good Standing, #7 Certificate of Service)(Quinn, Vivian)
September 8, 2020 Filing 32 TEXT ORDER acknowledging the parties' #31 stipulation of dismissal. The Complaint and all causes of action against Defendant McKesson Corporation are dismissed without prejudice. The Clerk of Court is directed to terminate Defendant McKesson Corporation as a party to this action. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 9/8/2020. (KLH)-CLERK TO FOLLOW UP-
September 4, 2020 Filing 31 STIPULATION of Dismissal on behalf of Defendant McKesson Corporation Only by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation. (Attachments: #1 Certificate of Service)(Quinn, Vivian)
September 4, 2020 Filing 30 STIPULATION for Substitution of Counsel by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation. (Attachments: #1 Certificate of Service)(Quinn, Vivian)
August 28, 2020 Filing 29 NOTICE of Appearance by Vivian M. Quinn on behalf of Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Certificate of Service)(Quinn, Vivian)
August 28, 2020 Filing 28 NOTICE of Appearance by Tracey B. Scarpello on behalf of Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Certificate of Service)(Scarpello, Tracey)
August 21, 2020 Filing 27 TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Jeremiah J. McCarthy, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 8/21/2020. (KLH)
August 19, 2020 Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (CGJ)
August 19, 2020 AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ)
August 19, 2020 Filing 26 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02228.
August 17, 2020 Opinion or Order Filing 25 MEMORANDUM OPINION AND ORDER #22 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 Kawanda Coleman's case be severed and transferred to the Baton Rouge Division of the Middle District of Louisiana (Civil case 3:20-cv-2227-S); b. Plaintiff Deborah Gaylor's case be severed and transferred to the Rochester Division of the Western District of New York (Civil case 3:20-cv-2228-S); c. Plaintiff Gary Gross's case be severed and transferred to the Jefferson City Division of the Western District of Missouri (Civil case 3:20-cv-2229-S); d. Plaintiff Teresa Kearney's case be severed and transferred to the Richmond Division of the Eastern District of Virginia (Civil case 3:20-cv-2230-S); e. Plaintiff Gary Long's case be severed and transferred to the Memphis Division of the Western District of Tennessee (Civil case 3:20-cv-2231-S); f. Plaintiff Lecia Moore's case be severed and transferred to the Hartford Division of the District of Connecticut (Civil case 3:20-cv-2232-S); g. Plaintiff Katherine Ringle's case be severed and transferred to the Kansas City Division of the District of Kansas (Civil case 3:20-cv-2233-S); h. Plaintiff Margaret Slocum's case be severed and transferred to the Detroit Division of the Eastern District of Michigan (Civil case 3:20-cv-2234-S); i. Plaintiff Jeff Waller's case be severed and transferred to the Jackson Division of the Western District of Tennessee (Civil case 3:20-cv-2235-S). Plaintiff Amanda Kozma 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 8/17/2020) (axm) [Transferred from txnd on 8/19/2020.]
August 14, 2020 Filing 24 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 8/19/2020.]
August 12, 2020 Filing 23 Brief/Memorandum in Support filed by Kawanda Coleman, Deborah Gaylor, Gary Gross, Teresa Kearney, Amanda Kozma, Gary Long, Lecia Moore, Katherine Ringle, Margaret Slocum, Jeff Waller re #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/19/2020.]
August 12, 2020 Filing 22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Kawanda Coleman, Deborah Gaylor, Gary Gross, Teresa Kearney, Amanda Kozma, Gary Long, Lecia Moore, Katherine Ringle, Margaret Slocum, Jeff Waller (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/19/2020.]
July 30, 2020 Filing 21 Appendix in Support filed by Kawanda Coleman, Deborah Gaylor, Gary Gross, Teresa Kearney, Amanda Kozma, Gary Long, Lecia Moore, Katherine Ringle, Margaret Slocum, Jeff Waller re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from txnd on 8/19/2020.]
July 30, 2020 Filing 20 Brief/Memorandum in Support filed by Kawanda Coleman, Deborah Gaylor, Gary Gross, Teresa Kearney, Amanda Kozma, Gary Long, Lecia Moore, Katherine Ringle, Margaret Slocum, Jeff Waller re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/19/2020.]
July 30, 2020 Filing 19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Kawanda Coleman, Deborah Gaylor, Gary Gross, Teresa Kearney, Amanda Kozma, Gary Long, Lecia Moore, Katherine Ringle, Margaret Slocum, Jeff Waller (Schulte, Steven) [Transferred from txnd on 8/19/2020.]
July 30, 2020 Filing 18 RESPONSE filed by Kawanda Coleman, Deborah Gaylor, Gary Gross, Teresa Kearney, Amanda Kozma, Gary Long, Lecia Moore, Katherine Ringle, Margaret Slocum, Jeff Waller re: #2 MOTION to Dismiss the Out-of State Plaintiffs' Claims for Lack of Personal Jurisdiction, #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) [Transferred from txnd on 8/19/2020.]
July 22, 2020 Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from txnd on 8/19/2020.]
July 22, 2020 Filing 16 NOTICE of Filing Completed Forms For Each Plaintiff filed by Kawanda Coleman, Deborah Gaylor, Gary Gross, Teresa Kearney, Amanda Kozma, Gary Long, Lecia Moore, Katherine Ringle, Margaret Slocum, Jeff Waller (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from txnd on 8/19/2020.]
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 txnd on 8/19/2020.]
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 txnd on 8/19/2020.]
June 29, 2020 Filing 13 MOTION for Extension of Time to File Response/Reply to #2 MOTION to Dismiss the Out-of State Plaintiffs' Claims for Lack of Personal Jurisdiction, #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by Kawanda Coleman, Deborah Gaylor, Gary Gross, Teresa Kearney, Amanda Kozma, Gary Long, Lecia Moore, Katherine Ringle, Margaret Slocum, Jeff Waller (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/19/2020.]
June 16, 2020 Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Junek, Jessica) [Transferred from txnd on 8/19/2020.]
June 16, 2020 Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from txnd on 8/19/2020.]
June 16, 2020 Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) [Transferred from txnd on 8/19/2020.]
June 16, 2020 Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Junek, Jessica) [Transferred from txnd on 8/19/2020.]
June 16, 2020 Filing 8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by McKesson Corporation Attorney Jessica Junek added to party McKesson Corporation(pty:dft) (Junek, Jessica) [Transferred from txnd on 8/19/2020.]
June 10, 2020 Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Junek, Jessica) (Main Document 7 replaced with flattened document on 6/11/2020) (awc). [Transferred from txnd on 8/19/2020.]
June 10, 2020 Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Junek, Jessica) (Main Document 6 replaced with flattened document on 6/11/2020) (awc). [Transferred from txnd on 8/19/2020.]
June 9, 2020 Opinion or Order Filing 5 ELECTRONIC ORDER: Civil action number 3:20-CV-1496-G is hereby transferred to the docket of the Honorable Karen Gren Scholer and shall henceforth carry the suffix letter "S". (Ordered by Senior Judge A. Joe Fish on 6/9/2020) (ctf) [Transferred from txnd on 8/19/2020.]
June 9, 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from txnd on 8/19/2020.]
June 9, 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 (Junek, Jessica) [Transferred from txnd on 8/19/2020.]
June 9, 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 (Junek, Jessica) [Transferred from txnd on 8/19/2020.]
June 9, 2020 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10900563) 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, #5 Exhibit(s) C - 8-30-16 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 - Plaintiffs' Original Petition, #9 Exhibit(s) D-3 - Civil Case Info Sheet, #10 Exhibit(s) D-4 - Citation Issued - C.R. Bard, Inc., #11 Exhibit(s) D-5 - Citation Issued- Bard Peripheral, #12 Exhibit(s) D-6 - Citation Issued - McKesson, #13 Exhibit(s) D-7 - Executed Affidavit of Service - McKesson, #14 Exhibit(s) D-8 - Executed Return of Service - C.R. Bard Inc., #15 Exhibit(s) D-9 - Executed Return of Service - Bard Peripheral) (Junek, Jessica) [Transferred from txnd on 8/19/2020.]

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Search for this case: Gaylor v. C R Bard Inc et al
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Defendant: McKesson Corporation
Represented By: Jessica Junek
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: Tracey B. Scarpello
Represented By: Vivian M. Quinn
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Defendant: C R Bard Inc
Represented By: Jessica Junek
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: James F. Rogers
Represented By: Joseph Edward Fornadel
Represented By: Tracey B. Scarpello
Represented By: Vivian M. Quinn
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Defendant: Does 1 through 100, inclusive
Represented By: James F. Rogers
Represented By: Joseph Edward Fornadel
Represented By: Tracey B. Scarpello
Represented By: Vivian M. Quinn
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Defendant: Bard Peripheral Vascular Inc
Represented By: Jessica Junek
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: James F. Rogers
Represented By: Joseph Edward Fornadel
Represented By: Tracey B. Scarpello
Represented By: Vivian M. Quinn
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Plaintiff: Deborah Gaylor
Represented By: Steven Scott Schulte
Represented By: Eric Martin Przybysz
Represented By: Darren McDowell
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