Finn v. C R Bard Inc et al
| Lori Finn |
| McKesson Corporation, C R Bard Inc, Does 1 through 100, inclusive and Bard Peripheral Vascular Inc |
| 1:2020cv01114 |
| August 20, 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. § 1332 |
| Both |
Docket Report
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| Filing 36 Mail Returned as Undeliverable. Admission Verification Requested sent to Darren McDowell. (JLV) |
| 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 Joseph Edward Fornadel. (MD) |
| Filing 32 MOTION to appear pro hac vice of Joseph E. Fornadel III ( Filing fee $ 200 receipt number 0209-3969479.) 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 31 MOTION to appear pro hac vice of James F. Rogers, Esq. ( Filing fee $ 200 receipt number 0209-3969422.) 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-02344. |
| 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 Patricia Britt's case be severed and transferred to the Sioux City Division of the Northern District of Iowa (Civil case 3:20-cv-2342-S opened); b. Plaintiff Jessica Burge's case be severed and transferred to the Hattiesburg Division of the Southern District of Mississippi (Civil case 3:20-cv-2343-S opened); c. Plaintiff Lori Finn's case be severed and transferred to the Rochester Division of the Western District of New York (Civil case 3:20-cv-2344-S opened); d. Plaintiff Joseph Ingram's case be severed and transferred to the Jackson Division of the Southern District of Mississippi (Civil case 3:20-cv-2345-S opened); e. Plaintiff James Jones's case be severed and transferred to the Richmond Division of the Eastern District of Virginia (Civil case 3:20-cv-2346-S opened); f. Plaintiff Barbara Lawrence's case be severed and transferred to the Detroit Division of the Eastern District of Michigan (Civil case 3:20-cv-2347-S opened); g. Plaintiff John Reeves's case be severed and transferred to the Springfield Division of the Western District of Missouri (Civil case 3:20-cv-2349-S opened); h. Plaintiff Venette Terry's case be severed and transferred to the Bay City Division of the Eastern District of Michigan (Civil case 3:20-cv-2350-S opened); i. Plaintiff Quinten Wedge's case be severed and transferred to the Kansas City Division of the District of Kansas (Civil case 3:20-cv-2362-S opened). Plaintiff Catherine Simpson 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 8/19/2020) (axm) [Transferred from txnd on 8/20/2020.]
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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 8/20/2020.] |
| Filing 21 Appendix in Support filed by Patricia Britt, Jessica Burge, Lori Finn, Joseph Ingram, James Jones, Barbara Lawrence, John Reeves, Catherine Simpson, Venette Terry, Quinten Wedge re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from txnd on 8/20/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Patricia Britt, Jessica Burge, Lori Finn, Joseph Ingram, James Jones, Barbara Lawrence, John Reeves, Catherine Simpson, Venette Terry, Quinten Wedge re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 8/20/2020.] |
| Filing 19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Patricia Britt, Jessica Burge, Lori Finn, Joseph Ingram, James Jones, Barbara Lawrence, John Reeves, Catherine Simpson, Venette Terry, Quinten Wedge (Schulte, Steven) [Transferred from txnd on 8/20/2020.] |
| Filing 18 RESPONSE filed by Patricia Britt, Jessica Burge, Lori Finn, Joseph Ingram, James Jones, Barbara Lawrence, John Reeves, Catherine Simpson, Venette Terry, Quinten Wedge re: #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) [Transferred from txnd on 8/20/2020.] |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Patricia Britt, Jessica Burge, Lori Finn, Joseph Ingram, James Jones, Barbara Lawrence, John Reeves, Catherine Simpson, Venette Terry, Quinten Wedge (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from txnd on 8/20/2020.] |
| Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) [Transferred from txnd on 8/20/2020.] |
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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 8/20/2020.]
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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 8/20/2020.]
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| Filing 13 Agreed MOTION to Extend Time Resp/Reply filed by Patricia Britt, Jessica Burge, Lori Finn, Joseph Ingram, James Jones, Barbara Lawrence, John Reeves, Catherine Simpson, Venette Terry, Quinten Wedge (Attachments: #1 Proposed Order) (Przybysz, Eric) [Transferred from txnd on 8/20/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 12 replaced to flatten image on 6/17/2020) (dsr). [Transferred from txnd on 8/20/2020.] |
| Filing 11 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 8/20/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from txnd on 8/20/2020.] |
| 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 8/20/2020.] |
| 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 8/20/2020.] |
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Filing 7
ORDER: Case reassigned to Judge Karen Gren Scholer for all further proceedings. Chief Judge Barbara M. G. Lynn no longer assigned to case. (Ordered by Chief Judge Barbara M. G. Lynn on 6/12/2020) (ndt) [Transferred from txnd on 8/20/2020.]
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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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from txnd on 8/20/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Junek, Jessica) [Transferred from txnd on 8/20/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Junek, Jessica) [Transferred from txnd on 8/20/2020.] |
| 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 8/20/2020.] |
| 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 8/20/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10905573) 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 Jury Demand, #11 Exhibit(s) D-5 Citation Issued Bard Peripheral, #12 Exhibit(s) D-6 Citation Issued C.R. Bard Inc., #13 Exhibit(s) D-7 Citation Issued McKesson, #14 Exhibit(s) D-8 Affidavit of Service McKinnson, #15 Exhibit(s) D-9 Return of Service - C. R. Bard, #16 Exhibit(s) D-10 Return of Service - Bard Peripheral) (Junek, Jessica) [Transferred from txnd on 8/20/2020.] |
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