Dominy v. C R Bard Incorporated et al
Plaintiff: Ronald Dominy
Defendant: C R Bard Incorporated, McKesson Corporation, Does 1 through 100, inclusive and Bard Peripheral Vascular, Inc.
Case Number: 3:2020cv00468
Filed: August 24, 2020
Court: US District Court for the Western District of North Carolina
Presiding Judge: David S Cayer
Referring Judge: Robert J Conrad
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 2, 2020 Filing 34 STIPULATION of Dismissal claims against McKesson Corporation only by Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation (Osowski, Paul)
August 31, 2020 Opinion or Order Filing 33 ORDER granting #31 Motion for Leave to Appear Pro Hac Vice added Steven S. Schulte for Ronald Dominy. Signed by Magistrate Judge David S. Cayer on 8/31/20. (mga)
August 31, 2020 Filing 32 NOTICE of Appearance by Audrey M. Snyder on behalf of Ronald Dominy (Snyder, Audrey)
August 31, 2020 Filing 31 MOTION for Leave to Appear Pro Hac Vice as to Steven S. Schulte Filing fee $ 281, receipt number 0419-4645852. by Ronald Dominy. (Black, Janet Ward). Motions referred to David S. Cayer.
August 31, 2020 Filing 30 NOTICE of Appearance by Janet Ward Black on behalf of Ronald Dominy (Black, Janet Ward)
August 25, 2020 Filing 29 NOTICE of Appearance by William M. Starr on behalf of Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation (Starr, William)
August 25, 2020 Filing 28 Notice of Substitution of Counsel by Paul Joseph Osowski on behalf of C R Bard Incorporated, Bard Peripheral Vascular, Inc., McKesson Corporation, Attorney Jordan E Jarreau and Melissa Dorman Matthews terminated. (Osowski, Paul)
August 24, 2020 Filing 27 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02467. Original electronic file and docket sheet received.
August 24, 2020 Case assigned to District Judge Robert J. Conrad, Jr and Magistrate Judge David S. Cayer. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(rth)
August 24, 2020 Notice to Eric Martin Przybysz, Darren McDowell, Steven Scott Schulte, Melissa Dorman Matthews, Jordan E Jarreau: Pursuant to Local Rule 83.1 you are required to Associate local counsel and File a motion pro hac vice. Deadline by 8/31/2020. (rth)
August 24, 2020 Set/Reset Deadlines as to #2 MOTION to Dismiss for Lack of Jurisdiction , #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction. Responses due by 9/8/2020 (rth)
August 20, 2020 Opinion or Order Filing 26 MEMORANDUM OPINION AND ORDER grants #22 Amended 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 Ronald Dominy's case be severed and transferred to the Charlotte Division of the Western District of North Carolina (Civil case 3:20-cv-2467 opened); b. Plaintiff Norman Gueno's case be severed and transferred to the Hattiesburg Division of the Southern District of Mississippi (Civil case 3:20-cv-2468 opened); c. Plaintiff Darell Harvey's case be severed and transferred to the Los Angeles Division of the Central District of California (Civil case 3:20-cv-2469 opened); d. Plaintiff Kathleen Higgs's case be severed and transferred to the Springfield Division of the Western District of Missouri (Civil case 3:20-cv-2470 opened); e. Plaintiff Bernard Hughes's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2471 opened); f. Plaintiff Stanley Smith's case be severed and transferred to the Akron Division of the Northern District of Ohio (Civil case 3:20-cv-2472 opened); g. Plaintiff Terrance Thompson's case be severed and transferred to the Bismarck Division of the District of North Dakota (Civil case 3:20-cv-2473 opened); and h. Plaintiff Malilae Washington's case be severed and transferred to the District of Columbia (Civil case 3:20-2474 opened). Plaintiff Ricardo Mata 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 8/20/2020) (jmg) [Transferred from Texas Northern on 8/24/2020.]
August 19, 2020 Opinion or Order Filing 25 Order:Pursuant to the parties' agreement, see ECF Nos. 22, 24, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Tina Votava's claims against Defendants. The parties shall bear their own costs. All relief not expressly granted is DENIED, (Ordered by Judge Karen Gren Scholer on 8/19/2020) (ykp) [Transferred from Texas Northern on 8/24/2020.]
August 14, 2020 Filing 24 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.]
August 13, 2020 Filing 23 Brief/Memorandum in Support filed by Ronald Dominy, Norman Gueno, Darell Harvey, Kathleen Higgs, Bernard Hughes, Ricardo Mata, Stanley Smith, Terrance Thompson, Tina Votava, Malilae Washington re #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.]
August 13, 2020 Filing 22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Ronald Dominy, Norman Gueno, Darell Harvey, Kathleen Higgs, Bernard Hughes, Ricardo Mata, Stanley Smith, Terrance Thompson, Tina Votava, Malilae Washington (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.]
August 3, 2020 Filing 21 Appendix in Support filed by Ronald Dominy, Norman Gueno, Darell Harvey, Kathleen Higgs, Bernard Hughes, Ricardo Mata, Stanley Smith, Terrance Thompson, Tina Votava, Malilae Washington re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.]
August 3, 2020 Filing 20 Brief/Memorandum in Support filed by Ronald Dominy, Norman Gueno, Darell Harvey, Kathleen Higgs, Bernard Hughes, Ricardo Mata, Stanley Smith, Terrance Thompson, Tina Votava, Malilae Washington re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.]
August 3, 2020 Filing 19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Ronald Dominy, Norman Gueno, Darell Harvey, Kathleen Higgs, Bernard Hughes, Ricardo Mata, Stanley Smith, Terrance Thompson, Tina Votava, Malilae Washington (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.]
August 3, 2020 Filing 18 RESPONSE filed by Ronald Dominy, Norman Gueno, Darell Harvey, Kathleen Higgs, Bernard Hughes, Ricardo Mata, Stanley Smith, Terrance Thompson, Tina Votava, Malilae Washington re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.]
July 22, 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 Texas Northern on 8/24/2020.]
July 21, 2020 Filing 16 NOTICE of Filing Completed Forms For Each Plaintiff filed by Ronald Dominy, Norman Gueno, Darell Harvey, Kathleen Higgs, Bernard Hughes, Ricardo Mata, Stanley Smith, Terrance Thompson, Tina Votava, Malilae Washington (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.]
July 16, 2020 Opinion or Order 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 7/22/2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (oyh) [Transferred from Texas Northern on 8/24/2020.]
July 7, 2020 Opinion or Order Filing 14 ORDER: This civil action is transferred to the docket of Judge Karen Gren Scholer. All future pleadings shall be filed under Civil Action No. 3:20-CV-1531-S. (Ordered by Senior Judge Sidney A Fitzwater on 7/7/2020) (aaa) [Transferred from Texas Northern on 8/24/2020.]
June 29, 2020 Opinion or Order Filing 13 ORDER granting #12 Motion to Extend Time to File Response/Reply. It is ORDERED that the Plaintiffs have until 8/3/2020 to respond to Defendants' Motions to Dismiss. It is further ORDERED that Defendants have until 9/3/2020 to file replies. (Ordered by Senior Judge Sidney A Fitzwater on 6/29/2020) (ykp) [Transferred from Texas Northern on 8/24/2020.]
June 29, 2020 Filing 12 MOTION for Extension of Time to File Response/Reply to #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction filed by Ronald Dominy, Norman Gueno, Darell Harvey, Kathleen Higgs, Bernard Hughes, Ricardo Mata, Stanley Smith, Terrance Thompson, Tina Votava, Malilae Washington (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.]
June 18, 2020 Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 11 replaced to flatten image on 6/18/2020) (dsr). [Transferred from Texas Northern on 8/24/2020.]
June 18, 2020 Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.]
June 18, 2020 Filing 9 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 8/24/2020.]
June 18, 2020 Filing 8 Brief/Memorandum in Support filed by McKesson Corporation re #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.]
June 18, 2020 Filing 7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.]
June 11, 2020 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 Texas Northern on 8/24/2020.]
June 11, 2020 Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.]
June 11, 2020 Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.]
June 11, 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 (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.]
June 11, 2020 Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.]
June 11, 2020 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10907739) 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 - Citation Issued to Bard Peripheral Vascular, Inc., #11 Exhibit(s) D-5 - Citation Issued to C.R. Bard, Inc., #12 Exhibit(s) D-6 - Citation Issued to McKesson Corp., #13 Exhibit(s) D-7 - Affidavit of Service - McKesson, #14 Exhibit(s) D-8 - Return of Service - C.R. Bard, #15 Exhibit(s) D-10 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.]

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