Harris v. C R Bard Inc et al

Plaintiff:	Patricia Harris
Defendant:	C R Bard Incorporated, McKesson Corporation, Does 1 through 100, inclusive and Bard Peripheral Vascular, Inc.
Case Number:	5:2020cv00137
Filed:	August 31, 2020
Court:	US District Court for the Western District of North Carolina
Presiding Judge:	Kenneth D Bell
Referring Judge:	David S Cayer
Nature of Suit:	Personal Inj. Prod. Liability
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Both

Docket Report

This docket was last retrieved on February 17, 2021. A more recent docket listing may be available from PACER.

Date Filed	Document Text
September 14, 2020	Filing 34 STIPULATION of Dismissal as to McKesson Corporation only by Bard Peripheral Vascular, Inc., C R Bard Incorporated, McKesson Corporation (Osowski, Paul)
September 10, 2020	Filing 33 ORDER granting #31 Motion for Leave to Appear Pro Hac Vice as to Steven S. Schulte for Patricia Harris. Signed by Magistrate Judge David S. Cayer on 9/10/2020. (brl)
September 10, 2020	Filing 32 NOTICE of Appearance by Audrey M. Snyder on behalf of Patricia Harris (Snyder, Audrey)
September 10, 2020	Filing 31 MOTION for Leave to Appear Pro Hac Vice as to Steven S. Schulte Filing fee $ 281, receipt number 0419-4661164. by Patricia Harris. (Black, Janet Ward). Motions referred to David S. Cayer.
September 10, 2020	Filing 30 NOTICE of Appearance by Janet Ward Black on behalf of Patricia Harris (Black, Janet Ward)
September 8, 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)
September 8, 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)
September 3, 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 9/10/2020. (rth)
September 3, 2020	Case reassigned to Magistrate Judge David S. Cayer. Magistrate Judge David Keesler no longer assigned to the case. This is your only notice - you will not receive a separate document. (tmg)
September 3, 2020	TEXT-ONLY ORDER terminating as moot without prejudice #2 Motion to Dismiss for Lack of Jurisdiction; #8 Motion to Dismiss. Party may refile in accordance with the Local Rules of Western District of NC Text of Order: So Ordered. Entered by District Judge Kenneth D. Bell on 9/3/2020. (HW/tmg)
August 31, 2020	Filing 27 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02671. Original electronic file and docket sheet received.
August 31, 2020	Case assigned to District Judge Kenneth D. Bell and Magistrate Judge David Keesler. 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 31, 2020	Filing 26 MEMORANDUM OPINION AND ORDER granting #19 Unopposed Motion to Sever and Transfer Venue of Out-of-State Plaintiffs' Cases. The Court directs the Clerk of Court to sever and transfer this action as follows: a. Plaintiff Yuri Arkadyey's case be severed and transferred to the Eastern District of Pennsylvania (Civil case 3:20-cv-2668-S opened);b. Plaintiff Robert Frierson's case be severed and transferred to the Southern Division of the Eastern District of Tennessee (Civil case 3:20-cv-2669-S opened);c. Plaintiff Charles Goods's case be severed and transferred to the Greenville Division of the Eastern District of Tennessee (Civil case 3:20-cv-2670-S opened); d. Plaintiff Patricia Harris's case be severed and transferred to the Western District of North Carolina (Civil case 3:20-cv-2671-S opened); e. Plaintiff Barbara Martin's case be severed and transferred to the Florence Division of the District of South Carolina (Civil case 3:20-cv-2672-S opened); f. Plaintiff Britney Rawlings's case be severed and transferred to the Utica Division of the Northern District of New York (Civil case 3:20-cv-2673-S opened); and g. Plaintiff Leah Shrum's case be severed and transferred to the Southern Division of the Eastern District of Tennessee (Civil case 3:20-cv-2674-S opened).Plaintiff Norma Spencer 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.]
August 25, 2020	Filing 25 ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Sharon Mathews's claims against Defendants. The parties shall bear their own costs. Party Sharon Mathews terminated. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (axm) [Transferred from Texas Northern on 9/3/2020.]
August 25, 2020	Filing 24 ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Raelene Savage's claims against Defendants. The parties shall bear their own costs Party Raelene Savage terminated. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (axm) [Transferred from Texas Northern on 9/3/2020.]
August 24, 2020	Filing 23 Supplemental RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) Modified title on 8/25/2020 (awc). [Transferred from Texas Northern on 9/3/2020.]
August 14, 2020	Filing 22 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.]
July 31, 2020	Filing 21 Appendix in Support filed by Yuri Arkadyev, Robert Frierson, Charles Goods, Patricia Harris, Barbara Martin, Sharon Mathews, Britney Rawlings, Raelene Savage, Leah Shrum, Norma Spencer re #19 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.]
July 31, 2020	Filing 20 Brief/Memorandum in Support filed by Yuri Arkadyev, Robert Frierson, Charles Goods, Patricia Harris, Barbara Martin, Sharon Mathews, Britney Rawlings, Raelene Savage, Leah Shrum, Norma Spencer re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.]
July 31, 2020	Filing 19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Yuri Arkadyev, Robert Frierson, Charles Goods, Patricia Harris, Barbara Martin, Sharon Mathews, Britney Rawlings, Raelene Savage, Leah Shrum, Norma Spencer (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.]
July 31, 2020	Filing 18 RESPONSE filed by Yuri Arkadyev, Robert Frierson, Charles Goods, Patricia Harris, Barbara Martin, Sharon Mathews, Britney Rawlings, Raelene Savage, Leah Shrum, Norma Spencer re: #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.]
July 22, 2020	Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Yuri Arkadyev, Robert Frierson, Charles Goods, Patricia Harris, Barbara Martin, Sharon Mathews, Britney Rawlings, Raelene Savage, Leah Shrum, Norma Spencer (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.]
July 21, 2020	Filing 16 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 9/3/2020.]
July 16, 2020	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.]
July 1, 2020	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.]
June 29, 2020	Filing 13 Agreed MOTION to Extend Time Resp/Reply filed by Yuri Arkadyev, Robert Frierson, Charles Goods, Patricia Harris, Barbara Martin, Sharon Mathews, Britney Rawlings, Raelene Savage, Leah Shrum, Norma Spencer (Attachments: #1 Proposed Order) (Przybysz, Eric) [Transferred from Texas Northern on 9/3/2020.]
June 17, 2020	Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 12 replaced with flattened document on 6/18/2020) (awc). [Transferred from Texas Northern on 9/3/2020.]
June 17, 2020	Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.]
June 17, 2020	Filing 10 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 9/3/2020.]
June 17, 2020	Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.]
June 17, 2020	Filing 8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.]
June 12, 2020	Filing 7 ORDER: Case reassigned to Judge Karen Gren Scholer for all further proceedings. Chief Judge Barbara M. G. Lynn no longer assigned to case. (Ordered by Chief Judge Barbara M. G. Lynn on 6/12/2020) (ndt) [Transferred from Texas Northern on 9/3/2020.]
June 11, 2020	Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.]
June 11, 2020	Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc identifying Corporate Parent/Other Affiliate Becton, Dickinson and Company for C R Bard Inc. (Matthews, Melissa) Modified corporate parent on 6/12/2020 (mla). [Transferred from Texas Northern on 9/3/2020.]
June 10, 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 9/3/2020.]
June 10, 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 9/3/2020.]
June 10, 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 9/3/2020.]
June 10, 2020	Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10903925) 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 - 08-30-16 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 - Plaintiff's 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, #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-9 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.]

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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: Patricia Harris
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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