Chaffee v. C R Bard Inc et al
| Scott Chaffee |
| McKesson Corporation, C R Bard Inc, Bard Peripheral Vascular Incorporated and Does 1 through 100, inclusive |
| 1:2020cv01188 |
| September 2, 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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This docket was last retrieved on October 26, 2020. A more recent docket listing may be available from PACER.
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| Filing 39 TEXT ORDER: The motion of Steven S. Schulte, Esq. for pro hac vice admission #38 is granted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 10/26/20. (MDY)-CLERK TO FOLLOW UP- |
| Verified admission to the Texas State Bar for Attorney Steven S. Schulte. (MD) |
| Filing 38 MOTION to appear pro hac vice RE: STEVEN S. SCHULTE, ESQ. ( Filing fee $ 200 receipt number 0209-4023620.) by Scott Chaffee. (Attachments: #1 Affidavit of Sponsoring Attorney, #2 Petition for Attorney Admission, #3 Attorney Database & Electronic Filing Registration, #4 Attorney's Oath, #5 Appendix to Civility Principles Oath, #6 Certificate of Good Standing, #7 Appearance of Brian A. Goldstein)(Goldstein, Brian) |
| Filing 37 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 9/14/2020. (EG) |
| Filing 36 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) |
| Filing 35 Joint MOTION to Stay Discovery and All Pretrial Deadlines by Bard Peripheral Vascular Incorporated, 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 34 MOTION to appear pro hac vice of Joseph E. Fornadel III ( Filing fee $ 200 receipt number 0209-3969466.) by Bard Peripheral Vascular Incorporated, 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 33 MOTION to appear pro hac vice of James F. Rogers, Esq. ( Filing fee $ 200 receipt number 0209-3969394.) by Bard Peripheral Vascular Incorporated, 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 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- |
| Filing 31 STIPULATION of Dismissal on behalf of Defendant McKesson Corporation Only by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. (Attachments: #1 Certificate of Service)(Quinn, Vivian) |
| Filing 30 STIPULATION for Substitution of Counsel by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. (Attachments: #1 Certificate of Service)(Quinn, Vivian) |
| Filing 29 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 9/3/2020. (KLH) |
| Filing 28 NOTICE of Appearance by Tracey B. Scarpello on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Certificate of Service)(Scarpello, Tracey) |
| Filing 27 NOTICE of Appearance by Vivian M. Quinn on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Certificate of Service)(Quinn, Vivian) |
| Filing 26 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02638. |
| 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 25
MEMORANDUM OPINION AND ORDER grants #19 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 Andrew Armijo's case be severed and transferred to the Albuquerque Division of the District of New Mexico (Civil case 3:20-cv-2636 opened); b. Plaintiff David Bennett's case be severed and transferred to the Springfield Division of the Central Division of Illinois (Civil case 3:20-cv-2637 opened); c. Plaintiff Scott Chaffee's case be severed and transferred to the Buffalo Division of the Western District of New York (Civil case 3:20-cv-2638 opened); d. Plaintiff Jonathan Moffett's case be severed and transferred to the Southern Division of the Central District of California (Civil case 3:20-cv-2639 opened); e. Plaintiff John Morris's case be severed and transferred to the Akron Division of the Norther District of Ohio (Civil case 3:20-cv-2640 opened); f. Plaintiff Shirley Mustion's case be severed and transferred to the Western Division of the Western District of Missouri (Civil case 3:20-cv-2641 opened); g. Plaintiff Gail Penn's case be severed and transferred to the Peoria Division of the Central District of Illinois (Civil case 3:20-cv-2642 opened); and h. Plaintiff Mary Stafford's case be severed and transferred to the Jacksonville Division of the Middle District of Florida (Civil case 3:20-cv-2643 opened). Plaintiff Frances Boyd 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 txnd on 9/2/2020.]
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Filing 24
ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Jeffrey Jackson's claims against Defendants. Party Jeffrey Jackson terminated. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (axm) [Transferred from txnd on 9/2/2020.]
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| Filing 23 Supplemental 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 (Matthews, Melissa) Modified title on 8/25/2020 (awc). [Transferred from txnd on 9/2/2020.] |
| Filing 22 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 (Matthews, Melissa) [Transferred from txnd on 9/2/2020.] |
| Filing 21 Appendix in Support filed by Andrew Armijo, David Bennett, Scott Chaffee, Jeffrey Jackson, Jonathan Moffett, John Morris, Shirley Mustion, Gail Penn, Mary Stafford re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Andrew Armijo, David Bennett, Scott Chaffee, Jeffrey Jackson, Jonathan Moffett, John Morris, Shirley Mustion, Gail Penn, Mary Stafford re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by Andrew Armijo, David Bennett, Scott Chaffee, Jeffrey Jackson, Jonathan Moffett, John Morris, Shirley Mustion, Gail Penn, Mary Stafford (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 18 RESPONSE AND OBJECTION filed by Andrew Armijo, David Bennett, Frances Boyd, Scott Chaffee, Jeffrey Jackson, Jonathan Moffett, John Morris, Shirley Mustion, Gail Penn, Mary Stafford re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Andrew Armijo, David Bennett, Frances Boyd, Scott Chaffee, Jeffrey Jackson, Jonathan Moffett, John Morris, Shirley Mustion, Gail Penn, Mary Stafford (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| 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 txnd on 9/2/2020.] |
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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 9/2/2020.]
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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 9/2/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #9 MOTION to Dismiss for Lack of Jurisdiction , #2 MOTION to Dismiss for Lack of Jurisdiction filed by Andrew Armijo, David Bennett, Frances Boyd, Scott Chaffee, Jeffrey Jackson, Jonathan Moffett, John Morris, Shirley Mustion, Gail Penn, Mary Stafford (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/2/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 10 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| 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 txnd on 9/2/2020.] |
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Filing 7
ELECTRONIC ORDER: Civil action number 3:20-CV-1554-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 6/15/2020) (ctf) [Transferred from txnd on 9/2/2020.]
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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 Horan). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from txnd on 9/2/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| 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 txnd on 9/2/2020.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10911427) 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 Original Petition, #9 Exhibit(s) D-3 2020-04-07 Civil Case Info. Sheet, #10 Exhibit(s) D-4 - 2020-04-07 Citation Issued - Bard Peripheral, #11 Exhibit(s) D-5 - 2020-04-07 Citation Issued - C.R. Bard, #12 Exhibit(s) 2020-04-07 Citation issued - McKesson, #13 Exhibit(s) D-7 2020-05-06 Return of Service - McKesson, #14 Exhibit(s) D-8 2020-05-22 Return of Service - C.R. Bard, #15 Exhibit(s) D-9 2020-06-04 Return of Service - Bard) (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.] |
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