Tuttle v. CR Bard Inc et al
| Melissa Tuttle |
| McKesson Corporation, C R Bard Inc, Does 1 through 100, inclusive and Bard Peripheral Vascular Inc |
| 1:2020cv01110 |
| August 19, 2020 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Jeremiah J McCarthy |
| John L Sinatra |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on September 14, 2020. A more recent docket listing may be available from PACER.
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| Filing 35 TEXT ORDER: For good cause shown, the parties' joint motion #33 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 9/14/2020. (EG) |
| Filing 34 TEXT ORDER: The motions of James F. Rogers, Esq and Joseph E. Fornadel, Esq. for pro hac vice admission [31, 32] are granted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 9/11/2020. (MDY) |
| Filing 33 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) |
| Verified admission to the South Carolina State Bar for Attorney James F. Rogers and Joesph Edward Fornadel. (MD) |
| Filing 32 MOTION to appear pro hac vice of Joseph E. Fornadel III ( Filing fee $ 200 receipt number 0209-3969501.) by Bard Peripheral Vascular Inc, C R Bard Inc. (Attachments: #1 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) |
| Filing 31 MOTION to appear pro hac vice of James F. Rogers, Esq. ( Filing fee $ 200 receipt number 0209-3969437.) 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) |
| Filing 30 TEXT ORDER acknowledging the parties' #29 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- |
| Filing 29 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) |
| Filing 28 STIPULATION for Substitution of Counsel by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation. (Attachments: #1 Certificate of Service)(Quinn, Vivian) |
| Filing 27 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) |
| Filing 26 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) |
| Filing 25 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) |
| Filing 24 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02282. |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ) |
| 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) |
Filing 23
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 the Court to sever and transfer this action as follows: a. Plaintiff Joanne Burks's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (Civil case 3:20-cv-2275-S opened); b. Plaintiff Billy Goodman's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2276-S opened); c. Plaintiff John Lewis's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (Civil case 3:20-cv-2277-S opened); d. Plaintiff Deborah Melton's case be severed and transferred to the Florence Division of the District of South Carolina (Civil case 3:20-cv-2278-S opened); e. Plaintiff Jolanda Pulliam's case be severed and transferred to the Cape Girardeau Division of the Eastern District of Missouri (Civil case 3:20-cv-2279-S opened); f. Plaintiff Maria Terry's case be severed and transferred to the District of Columbia (Civil case 3:20-cv-2280-S opened); g. Plaintiff Emmitt Thomas's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2281-S opened); h. Plaintiff Melissa Tuttle's case be severed and transferred to the Buffalo Division of the Western District of New York (Civil case 3:20-cv-2282-S opened); i. Plaintiff Beverly William's s case be severed and transferred to the Miami Division of the Southern District of Florida (Civil case 3:20-cv-2283-S opened). Plaintiff Laverne Keeling 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 8/18/2020) (axm) [Transferred from txnd on 8/19/2020.]
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| 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 txnd on 8/19/2020.] |
| Filing 21 Appendix in Support filed by Joanne Burks, Billy Goodman, Laverne Keeling, John Lewis, Deborah Melton, Jolanda Pulliam, Maria Terry, Emmitt Thomas, Melissa Tuttle, Beverly William 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.] |
| Filing 20 Brief/Memorandum in Support filed by Joanne Burks, Billy Goodman, Laverne Keeling, John Lewis, Deborah Melton, Jolanda Pulliam, Maria Terry, Emmitt Thomas, Melissa Tuttle, Beverly William re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Joanne Burks, Billy Goodman, Laverne Keeling, John Lewis, Deborah Melton, Jolanda Pulliam, Maria Terry, Emmitt Thomas, Melissa Tuttle, Beverly William (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| Filing 18 RESPONSE filed by Joanne Burks, Billy Goodman, Laverne Keeling, John Lewis, Jolanda Pulliam, Maria Terry, Emmitt Thomas, Melissa Tuttle, Beverly William re: #3 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.] |
| 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.] |
| Filing 16 NOTICE of Filing Completed Forms For Each Plaintiff filed by Joanne Burks, Billy Goodman, Laverne Keeling, John Lewis, Deborah Melton, Jolanda Pulliam, Maria Terry, Emmitt Thomas, Melissa Tuttle, Beverly William (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
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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 txnd on 8/19/2020.]
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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 txnd on 8/19/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #3 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 Joanne Burks, Billy Goodman, Laverne Keeling, John Lewis, Deborah Melton, Jolanda Pulliam, Maria Terry, Emmitt Thomas, Melissa Tuttle, Beverly William (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 8/19/2020.] |
| 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.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from txnd on 8/19/2020.] |
| Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 10 replaced to flatten image on 6/16/2020) (dsr). [Transferred from txnd on 8/19/2020.] |
| 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.] |
| 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.] |
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Filing 7
ORDER: This case is hereby TRANSFERRED to the docket of the Honorable Karen Gren Scholer. All future pleadings shall subsequently be filed under Civil Action No. 3:20-cv-01490-S. (Ordered by Chief Judge Barbara M. G. Lynn on 6/10/2020) (aaa) [Transferred from txnd on 8/19/2020.]
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| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Junek, Jessica) (Main Document 6 replaced with flattened document on 6/11/2020) (awc). [Transferred from txnd on 8/19/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Junek, Jessica) (Main Document 5 replaced with flattened document on 6/11/2020) (awc). [Transferred from txnd on 8/19/2020.] |
| Filing 4 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, C R Bard Inc re #3 MOTION to Dismiss the Out-of State Plaintiffs' Claims for Lack of Personal Jurisdiction (Junek, Jessica) [Transferred from txnd on 8/19/2020.] |
| Filing 3 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.] |
| Filing 2 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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from txnd on 8/19/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10899538) 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 Docs, #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 Jury Demand, #11 Exhibit(s) D-5 - Citation Issued Bard Peripheral Vascular, #12 Exhibit(s) D-6 - Citation Issued C.R. Bard Inc., #13 Exhibit(s) D-7 - Citation Issued McKisson, #14 Exhibit(s) D-8 - Executed Aff of Service to McKesson, #15 Exhibit(s) D-9 - Executed Return of Service C.R. Bard, #16 Exhibit(s) D-10 - Executed Return of Service Bard Peripheral) (Junek, Jessica) [Transferred from txnd on 8/19/2020.] |
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