Roberson v. C R Bard Inc et al
| Steve Roberson |
| C R Bard Incorporated, McKesson Corporation, Does 1 through 100, inclusive and Bard Peripheral Vascular, Inc. |
| 3:2020cv00485 |
| September 3, 2020 |
| US District Court for the Western District of North Carolina |
| Kenneth D Bell |
| David S Cayer |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Filing 34 STIPULATION of Dismissal as to McKesson Corporation only by Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation (Osowski, Paul) |
Filing 33
ORDER granting #31 Motion for Leave to Appear Pro Hac Vice added Steven S. Schulte for Steve Roberson. Signed by Magistrate Judge David S. Cayer on 9/10/2020. (mek)
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| Filing 32 NOTICE of Appearance by Audrey M. Snyder on behalf of Steve Roberson (Snyder, Audrey) |
| Filing 31 MOTION for Leave to Appear Pro Hac Vice as to Steven S. Schulte Filing fee $ 281, receipt number 0419-4661185. by Steve Roberson. (Black, Janet Ward). Motions referred to David S. Cayer. |
| Filing 30 NOTICE of Appearance by Janet Ward Black on behalf of Steve Roberson (Black, Janet Ward) |
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TEXT-ONLY ORDER terminating as moot without prejudice #9 Motion to Dismiss for Lack of Jurisdiction and #3 Motion to Dismiss for Lack of Jurisdiction. Party may refile in accordance with the Local Rules of Western District of NC. Entered by District Judge Kenneth D. Bell on 9/9/2020. (nvc,HW)
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| Filing 29 NOTICE of Appearance by William M. Starr on behalf of Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation (Starr, William) |
| Filing 28 Notice of Substitution of Counsel by Paul Joseph Osowski on behalf of McKesson Corporation, C R Bard Incorporated, Bard Peripheral Vascular, Inc., Attorney Jordan E Jarreau and Melissa Dorman Matthews terminated. (Osowski, Paul) |
| Filing 27 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02690. Original electronic file and docket sheet received. |
| Case assigned to District Judge Kenneth D. Bell 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) |
| 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 9/10/2020. (rth) |
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Filing 26
MEMORANDUM OPINION AND ORDER #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 Rudy Adkinss case be severed and transferred to the Toledo Division of the Northern District of Ohio (Civil case 3:20-cv-2683-S opened); b. Plaintiff Reginald Crosbys case be severed and transferred to the Eastern Division of the Northern District of Illinois (Civil case 3:20-cv-2684-S opened); c. Plaintiff Darcy Duncans case be severed and transferred to the Syracuse Division of the Northern District of New York (Civil case 3:20-cv-2685-S opened); d. Plaintiff Marie Joness case be severed and transferred to the Northern Division of the Middle District of Alabama (Civil case 3:20-cv-2686-S opened);e. Plaintiff Jeffrey Osborns case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil case 3:20-cv-2687-S opened);f. Plaintiff Stephen Pietericks case be severed and transferred to the San Antonio Division of the Western District of Texas (Civil case 3:20-cv-2688-S opened);g. Plaintiff Norma Renterias case be severed and transferred to the Las Cruces Division of the District of New Mexico (Civil case 3:20-cv-2689-S opened);h. Plaintiff Steve Robersons case be severed and transferred to the Charlotte Division of the Western District of North Carolina (Civil case 3:20-cv-2690-S opened);i. Plaintiff Katherine Sepelaks case be severed and transferred to the New Haven Division of the District of Connecticut (Civil case 3:20-cv-2691-S opened). Plaintiff Elzie Newsom 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) (axm) [Transferred from Texas Northern on 9/3/2020.]
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| Filing 25 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #24 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 24 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Reginald Crosby (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 23 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 9/3/2020.] |
| Filing 22 Appendix in Support filed by Ruby Adkins, Reginald Crosby, Darcy Duncan, Marie Jones, Elzie Newsom, Jeffrey Osborn, Stephen Pieterick, Norma Renteria, Steve Roberson, Katherine Sepelak 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 9/3/2020.] |
| Filing 21 Brief/Memorandum in Support filed by Ruby Adkins, Reginald Crosby, Darcy Duncan, Marie Jones, Elzie Newsom, Jeffrey Osborn, Stephen Pieterick, Norma Renteria, Steve Roberson, Katherine Sepelak re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Ruby Adkins, Reginald Crosby, Darcy Duncan, Marie Jones, Elzie Newsom, Jeffrey Osborn, Stephen Pieterick, Norma Renteria, Steve Roberson, Katherine Sepelak (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 19 RESPONSE filed by Ruby Adkins, Reginald Crosby, Darcy Duncan, Marie Jones, Elzie Newsom, Jeffrey Osborn, Stephen Pieterick, Norma Renteria, Steve Roberson, Katherine Sepelak re: #3 MOTION to Dismiss for Lack of Jurisdiction , #9 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 18 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Ruby Adkins, Reginald Crosby, Darcy Duncan, Marie Jones, Elzie Newsom, Jeffrey Osborn, Stephen Pieterick, Norma Renteria, Steve Roberson, Katherine Sepelak (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
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Filing 16
***DISREGARD, WRONG ORDER***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) Modified on 7/16/2020 (mla). [Transferred from Texas Northern on 9/3/2020.]
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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 Texas Northern on 9/3/2020.]
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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 Texas Northern on 9/3/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #3 MOTION to Dismiss for Lack of Jurisdiction , #9 MOTION to Dismiss for Lack of Jurisdiction filed by Ruby Adkins, Reginald Crosby, Darcy Duncan, Marie Jones, Elzie Newsom, Jeffrey Osborn, Stephen Pieterick, Norma Renteria, Steve Roberson, Katherine Sepelak (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 10 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.] |
| 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 Texas Northern on 9/3/2020.] |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.] |
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Filing 5
ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge Jane J. Boyle no longer assigned to case. (Ordered by Judge Jane J. Boyle on 6/10/2020) (svc) [Transferred from Texas Northern on 9/3/2020.]
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| Filing 4 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, C R Bard Inc re #3 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.] |
| 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. (oyh) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10900478) 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 2020-04-07 Original Petition, #8 Exhibit(s) D-2 2020-04-07 Civil Case Info. Sheet, #9 Exhibit(s) D-3 2020-04-07 Jury Demand, #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) D-6 2020-04-07 Citation Issued - McKesson, #13 Exhibit(s) D-7 2020-06-04 State Court Docket, #14 Exhibit(s) D-8 2020-05-06 Return of Service - McKesson Corp, #15 Exhibit(s) D-9 2020-05-22 Return of Service - C.R. Bard) (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.] |
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