Leonard v. C R Bard Inc et al
Plaintiff: Marie Leonard
Defendant: McKesson Corporation, C R Bard Inc, Bard Peripheral Vascular Incorporated and Does 1 through 100 inclusive
Case Number: 5:2020cv00443
Filed: August 18, 2020
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Terrence W Boyle
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 15, 2020 Opinion or Order Filing 37 ORDER granting #36 Motion to Withdraw as Attorney. Attorney Darren McDowell and Eric Martin Przybysz terminated. Signed by Chief Judge Terrence W. Boyle on 10/15/2020. (Stouch, L.)
October 14, 2020 Motion Submitted to Chief Judge Terrence W. Boyle regarding #36 MOTION to Withdraw as Attorney Darren McDowell and Eric Przybysz. (Stouch, L.)
October 7, 2020 Filing 36 MOTION to Withdraw as Attorney Darren McDowell and Eric Przybysz filed by Marie Leonard. (Attachments: #1 Text of Proposed Order on Motion to Withdraw) (Schulte, Steven)
October 7, 2020 Filing 35 Notice of Special Appearance for non-district by Steven S. Schulte on behalf of All Plaintiffs. (Schulte, Steven)
September 30, 2020 Opinion or Order Filing 34 ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 9/30/2020. (Stouch, L.)
September 22, 2020 Opinion or Order Filing 33 ORDER dismissing as moot #3 Motion to Dismiss for Lack of Jurisdiction and #9 Motion to Dismiss. Signed by Chief Judge Terrence W. Boyle on 9/22/2020. (Stouch, L.)
September 10, 2020 Filing 32 Notice of Appearance filed by Audrey Snyder on behalf of Marie Leonard. (Snyder, Audrey)
September 10, 2020 Filing 31 Notice of Appearance filed by Janet Ward Black on behalf of Marie Leonard. (Black, Janet Ward)
September 2, 2020 Filing 30 STIPULATION of Dismissal claims against McKesson Corporation only by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Osowski, Paul)
August 25, 2020 Filing 29 Notice of Appearance filed by William Michael Starr on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. (Starr, William)
August 25, 2020 Filing 28 Notice of Substitution of Counsel filed by Paul J. Osowski on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation substituting for Melissa Dorman Matthews and Jordan E. Jarreau. (Osowski, Paul)
August 19, 2020 Filing 27 Notice to Parties regarding Transfer of Case to the Eastern District of North Carolina. Counsel should read the notice in its entirety for additional information. (Rudd, D.)
August 19, 2020 Filing 26 Case transferred in from District of Texas Northern. Case Number 3:20-cv-02185. Transfer order and docket sheet obtained from transferring district.
August 17, 2020 Opinion or Order Filing 25 ORDER granting #20 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 Joseph Abell's case be severed and transferred to the Baltimore Division of the District of Maryland (Civil case 3:20-cv-2182 opened); b. Plaintiff Michael Bell's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil case 3:20-cv-2183 opened); c. Plaintiff Scott German's case be severed and transferred to the Toledo Division of the Northern District of Ohio (Civil case 3:20-cv-2184 opened); d. Plaintiff Marie Leonard's case be severed and transferred to the Raleigh Division of the Eastern District of North Carolina (Civil case 3:20-cv-2185 opened); e. Plaintiff Wilhemenia Lindsey's case be severed and transferred to the Columbus Division of the Southern District of Ohio (Civil case 3:20-cv-2186 opened); f. Plaintiff Annie Walker's case be severed and transferred to the Ann Arbor Division of the Eastern District of Michigan (Civil case 3:20-cv-2187 opened); g. Plaintiff Loreta Windmyer's case be severed and transferred to the Dayton Division of the Southern District of Ohio (Civil case 3:20-cv-2188 opened); h. Plaintiff Cathy Wilburn's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (Civil case 3:20-cv-2189 opened); i. Plaintiff Cynthia Hughes's case be severed and transferred to the Chattanooga Division of the Eastern District of Tennessee (Civil case 3:20-cv-2190 opened). Plaintiff Manuela Gonzalez is the sole plaintiff with any connection to this forum. Accordingly, he shall remain in the Dallas Division of the Northern District of Texas. (Ordered by Judge Karen Gren Scholer on 8/17/2020) (jmg) [Transferred from Texas Northern on 8/19/2020.]
August 14, 2020 Filing 24 RESPONSE filed by Bard Peripheral Vascular Incorporated, 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 8/19/2020.]
July 31, 2020 Filing 23 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.]
July 29, 2020 Filing 22 Appendix in Support filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.]
July 29, 2020 Filing 21 Brief/Memorandum in Support filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.]
July 29, 2020 Filing 20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.]
July 29, 2020 Filing 19 RESPONSE filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn re: #9 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #3 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.]
July 22, 2020 Filing 18 NOTICE of Filing Completed Forms for Each Plaintiff re: #16 Order, filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.]
July 22, 2020 Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.]
July 16, 2020 Opinion or Order 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 July 22, 2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (ndt) [Transferred from Texas Northern on 8/19/2020.]
July 1, 2020 Opinion or Order Filing 15 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 Texas Northern on 8/19/2020.]
June 29, 2020 Filing 14 MOTION for Extension of Time to File Response/Reply to #9 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #3 MOTION to Dismiss for Lack of Jurisdiction filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.]
June 15, 2020 Filing 13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 13 replaced to flatten image on 6/15/2020) (dsr). [Transferred from Texas Northern on 8/19/2020.]
June 15, 2020 Filing 12 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 8/19/2020.]
June 15, 2020 Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.]
June 15, 2020 Filing 10 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.]
June 15, 2020 Filing 9 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.]
June 10, 2020 Filing 8 AMENDED DOCUMENT by Bard Peripheral Vascular Inc. Amendment to #6 Cert. Of Interested Persons/Disclosure Statement. . (Matthews, Melissa) (Main Document 8 replaced with flattened document on 6/12/2020) (ykp). [Transferred from Texas Northern on 8/19/2020.]
June 10, 2020 Filing 7 AMENDED DOCUMENT by C R Bard Inc. Amendment to #5 Cert. Of Interested Persons/Disclosure Statement. . (Matthews, Melissa) (Main Document 7 replaced with flattened document on 6/12/2020) (ykp). [Transferred from Texas Northern on 8/19/2020.]
June 10, 2020 Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) (Main Document 6 replaced with flattened document on 6/12/2020) (ykp). [Transferred from Texas Northern on 8/19/2020.]
June 10, 2020 Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Matthews, Melissa) (Main Document 5 replaced with flattened document on 6/12/2020) (ykp). [Transferred from Texas Northern on 8/19/2020.]
June 8, 2020 Filing 4 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, C R Bard Inc, Does 1 through 100 inclusive, McKesson Corporation re #3 MOTION to Dismiss for Lack of Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.]
June 8, 2020 Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc, Does 1 through 100 inclusive, McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.]
June 8, 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from Texas Northern on 8/19/2020.]
June 8, 2020 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Bard Peripheral Vascular, Inc., Does 1 through 100 inclusive, C. R. Bard, Inc.. (Filing fee $400; receipt number 0539-10896016) 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, #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 to Bard Peripheral Vascular, Inc., #12 Exhibit(s) D-6 - Citation Issued to C.R. Bard, Inc., #13 Exhibit(s) D-7 - Citation Issued to McKesson Corp., #14 Exhibit(s) D-8 - Affidavit of Service - McKesson, #15 Exhibit(s) D-9 - Return of Service - C.R. Bard, Inc., #16 Exhibit(s) D-10 - Return of Service - Bard Peripheral) (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.]

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Defendant: McKesson Corporation
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: Paul J. Osowski
Represented By: William Michael Starr
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Defendant: C R Bard Inc
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: Paul J. Osowski
Represented By: William Michael Starr
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Defendant: Bard Peripheral Vascular Incorporated
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: Paul J. Osowski
Represented By: William Michael Starr
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Defendant: Does 1 through 100 inclusive
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Plaintiff: Marie Leonard
Represented By: Darren McDowell
Represented By: Eric Martin Przybysz
Represented By: Steven Scott Schulte
Represented By: Audrey Snyder
Represented By: Janet Ward Black
Represented By: Steven S. Schulte
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