Watts v. C R Bard Inc et al
| George Watts |
| Does 1 through 100 inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular, Inc. |
| 5:2020cv00444 |
| August 19, 2020 |
| US District Court for the Eastern District of North Carolina |
| Western Division Office |
| Richard E Myers |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 30, 2020. A more recent docket listing may be available from PACER.
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| Filing 33 CORRECTED STIPULATION of Dismissal as to McKesson Corporation Only by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Osowski, Paul) |
| SECOND NOTICE OF DEFICIENCY regarding #30 Stipulation of Dismissal. Local counsel for Plaintiff has not signed the document. Counsel is directed to refile the document with local counsel's electronic signature. See Local Civil Rule 83.1(d) and the Notice at #27 for more information. Additionally, all counsel appearing on behalf of a party should file a Notice or Special Notice of Appearance. Local Civil Rule 83.1 (e ) requires attorneys to file the Notice of Special Appearance that is available on the court's website. Eric Martin Przybysz, Darren McDowell, Steven Scott Schulte should file a Notice of Special Appearance that complies with this rule. (Waddell, K.) |
| Filing 32 Notice of Appearance filed by Audrey Snyder on behalf of George Watts. (Snyder, Audrey) |
| Filing 31 Notice of Appearance filed by Janet Ward Black on behalf of George Watts. (Black, Janet Ward) |
| NOTICE OF DEFICIENCY regarding #30 Stipulation of Dismissal. Local counsel for Plaintiff has not signed the document. Counsel is directed to refile the document with local counsel's electronic signature. See Local Civil Rule 83.1(d) and the Notice at #27 for more information. Additionally, all counsel appearing on behalf of a party should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Waddell, K.) |
| Filing 30 CORRECTED AND REFILED AT #33 STIPULATION of Dismissal claims against McKesson Corporation only by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Osowski, Paul) . |
| Filing 29 Notice of Appearance filed by William Michael Starr on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Starr, William) |
| Filing 28 Notice of Substitution of Counsel filed by Paul J. Osowski on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation substituting for Melissa Dorman Matthews and Jordan E. Jarreau. (Osowski, Paul) |
| Motion Submitted to District Judge Richard E. Myers II regarding #2 MOTION to Dismiss for Lack of Jurisdiction , #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction. (Waddell, K.) |
| 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.) |
| Filing 26 Case transferred in from District of Texas Northern. Case Number 3:20-cv-02292. Transfer order and docket sheet obtained from transferring district. |
Filing 25
MEMORANDUM OPINION AND ORDER granting #21 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 Leonard Clark's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil case 3:20-cv-2284-S opened); b. Plaintiff Carolyn Eddlemon's case be severed and transferred to the Lexington Division of the Eastern District of Kentucky (Civil case 3:20-cv-2285-S opened); c. Plaintiff Sandra Fry's case be severed and transferred to the Kansas City Division of the Western District of Missouri (Civil case 3:20-cv-2286-S opened); d. Plaintiff Daniel Norris's case be severed and transferred to the Akron Division of the Northern District of Ohio (Civil case 3:20-cv-2287-S opened); e. Plaintiff Paula Orr's case be severed and transferred to the Honolulu Division of the District of Hawaii (Civil case 3:20-cv-2288-S opened); f. Plaintiff Josh Smith's case be severed and transferred to the Chattanooga Division of the Eastern District of Tennessee (Civil case 3:20-cv-2289-S opened); g. Plaintiff Mary Stoke's case be severed and transferred to the Pittsburgh Division of the Western District of Pennsylvania (Civil case 3:20-cv-2290-S opened); h. Plaintiff Kathlene Toft's case be severed and transferred to the Denver Division of the District of Colorado (Civil case 3:20-cv-2291-S opened); i. Plaintiff George Watts's case be severed and transferred to the Wilmington Division of the Eastern District of North Carolina (Civil case 3:20-cv-2292-S opened). Plaintiff Magdelena Macias 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 Texas Northern on 8/19/2020.]
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| Filing 24 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 23 Appendix in Support filed by Leonard Clark, Carolyn Eddlemon, Sandra Fry, Magdalena Macias, Darrel Norris, Paula Orr, Josh Smith, Mary Stoke, Kathlene Toft, George Watts re #21 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.] |
| Filing 22 Brief/Memorandum in Support filed by Leonard Clark, Carolyn Eddlemon, Sandra Fry, Magdalena Macias, Darrel Norris, Paula Orr, Josh Smith, Mary Stoke, Kathlene Toft, George Watts re #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Leonard Clark, Carolyn Eddlemon, Sandra Fry, Magdalena Macias, Darrel Norris, Paula Orr, Josh Smith, Mary Stoke, Kathlene Toft, George Watts (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 20 RESPONSE filed by Leonard Clark, Carolyn Eddlemon, Sandra Fry, Magdalena Macias, Darrel Norris, Paula Orr, Josh Smith, Mary Stoke, Kathlene Toft, George Watts re: #2 MOTION to Dismiss for Lack of Jurisdiction , #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 19 NOTICE of Filing Completed Forms For Each Plaintiff filed by Leonard Clark, Carolyn Eddlemon, Sandra Fry, Magdalena Macias, Darrel Norris, Paula Orr, Josh Smith, Mary Stoke, Kathlene Toft, George Watts (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 18 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 Texas Northern on 8/19/2020.] |
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Filing 17
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 7/22/2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (mla) [Transferred from Texas Northern on 8/19/2020.]
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Filing 16
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.]
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| Filing 15 MOTION for Extension of Time to File Response/Reply to #2 MOTION to Dismiss for Lack of Jurisdiction , #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by Leonard Clark, Carolyn Eddlemon, Sandra Fry, Magdalena Macias, Darrel Norris, Paula Orr, Josh Smith, Mary Stoke, Kathlene Toft, George Watts (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 14 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 14 replaced to flatten image on 6/16/2020) (dsr). [Transferred from Texas Northern on 8/19/2020.] |
| Filing 13 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.] |
| Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 11 Brief/Memorandum in Support filed by McKesson Corporation re #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 10 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.] |
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Filing 9
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-01491-S. (Ordered by Chief Judge Barbara M. G. Lynn on 6/10/2020) (aaa) [Transferred from Texas Northern on 8/19/2020.]
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| 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 6/11/2020) (awc). [Transferred from Texas Northern on 8/19/2020.] |
| 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 6/11/2020) (awc). [Transferred from Texas Northern on 8/19/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) (Main Document 6 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/19/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Matthews, Melissa) (Main Document 5 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/19/2020.] |
| 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 3 Brief/Memorandum in Support filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc., Does 1 through 100 Inclusive, McKesson Corporation re #2 MOTION to Dismiss for Lack of Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 2 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.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Does 1 through 100 Inclusive, C. R. Bard, Inc., McKesson Corporation, Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10899971) 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 Corporation, #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, #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, #16 Exhibit(s) D-10 - Notice of Initial Dismissal Hearing, #17 Exhibit(s) D-11 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
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