Fenwick v. C.R. Bard, Inc. et al
Plaintiff: George Fenwick
Defendant: McKesson Corporation, C R Bard Inc, Does 1 through 100, Bard Peripheral Vascular Inc, C.R. Bard, Inc. and Bard Peripheral Vascular, Inc.
Case Number: 3:2020cv00156
Filed: August 19, 2020
Court: US District Court for the District of North Dakota
Office: Eastern Office
Presiding Judge: Alice R Senechal
Referring Judge: Peter D Welte
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 24, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 24, 2020 Opinion or Order Filing 37 ORDER by Magistrate Judge Alice R. Senechal. Scheduling Conference set for 10/22/2020 at 09:30 AM before Magistrate Judge Alice R. Senechal. (AS)
September 10, 2020 Opinion or Order Filing 36 ORDER Adopting #28 Stipulation of Dismissal filed by McKesson Corporation by Chief Judge Peter D. Welte. (EA)
September 10, 2020 Opinion or Order Filing 35 (Text Only) ORDER REASSIGNING CASE to Chief Judge Peter D. Welte, as presiding judge, and Magistrate Judge Alice R. Senechal, as referral judge, for all further proceedings by Chief Judge Peter D. Welte. Magistrate Judge Alice R. Senechal, no longer assigned as presiding judge.(js)
September 10, 2020 Filing 34 CONSENT/REASSIGNMENT FORM by Bard Peripheral Vascular, Inc., C.R. Bard, Inc., McKesson Corporation. (js)
August 28, 2020 Opinion or Order Filing 33 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #27 Motion to Substitute Attorney. (AS)
August 28, 2020 Filing 32 NOTICE of Direct Assignment as to McKesson Corporation. Consent/Reassignment Form due by 9/11/2020. (sj)
August 28, 2020 Filing 31 NOTICE of Direct Assignment as to C.R. Bard, Inc.. Consent/Reassignment Form due by 9/11/2020. (sj)
August 28, 2020 Filing 30 NOTICE of Direct Assignment as to Bard Peripheral Vascular, Inc.. Consent/Reassignment Form due by 9/11/2020. (sj)
August 27, 2020 Filing 29 CERTIFICATE OF SERVICE by Bard Peripheral Vascular, Inc., C.R. Bard, Inc., McKesson Corporation re #28 Stipulation of Dismissal, #26 Notice of Appearance, #27 MOTION to Substitute Attorney (Pelham, Zachary)
August 27, 2020 Filing 28 STIPULATION of Dismissal by McKesson Corporation. (Pelham, Zachary)
August 27, 2020 Filing 27 MOTION to Substitute Attorney by Bard Peripheral Vascular, Inc., C.R. Bard, Inc., McKesson Corporation. (Pelham, Zachary)
August 27, 2020 Filing 26 NOTICE of Appearance by Zachary E. Pelham on behalf of Bard Peripheral Vascular, Inc., C.R. Bard, Inc., McKesson Corporation (Pelham, Zachary)
August 19, 2020 Filing 25 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02295. Original file, transfer order, and docket sheet received.
August 18, 2020 Opinion or Order Filing 24 Memorandum Opinion and Order re: #21 Unopposed Amended Motion to Sever and Transfer Venue of Out-of-State Plaintiffs' Cases. The Court GRANTS the Motion and directs the Clerk of the Court to sever and transfer this action as follows: a. Plaintiff Clyde Carr's case be severed and transferred to the Durham Division of the Middle District of North Carolina (Civil case 3:20-cv-2293-S opened); b. Plaintiff Rebecca Copperthtie's case be severed and transferred to the Richmond Division of the Eastern District of Virginia (Civil case 3:20-cv-2294-S opened); c. Plaintiff George Fenwick's case be severed and transferred to the Fargo Division of the District of North Dakota (Civil case 3:20-cv-2295-S opened); d. Plaintiff Bettye Floyd's case be severed and transferred to the Southern Division of the Northern District of Alabama (Civil case 3:20-cv-2296-S opened); e. Plaintiff Carolyn Lowe's case be severed and transferred to the Jackson Division of the Western District of Tennessee (Civil case 3:20-cv-2297-S opened); f. Plaintiff Janet Nacham's case be severed and transferred to the Erie Division of the Western District of Pennsylvania (Civil case 3:20-cv-2298-S opened); g. Plaintiff Jason Newcomb's case be severed and transferred to the Lynchburg Division of the Western District of Virginia (Civil case 3:20-cv-2299-S opened); h. Plaintiff Alethea Thomas's case be severed and transferred to the Memphis Division of the Western District of Tennessee (Civil case 3:20-cv-2300-S opened); i. Plaintiff Lela Tunstall's case be severed and transferred to the Mobile Division of the Southern District of Alabama (Civil case 3:20-cv-2301-S opened). Plaintiff Jane Stewart 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) (ykp) Modified on 8/18/2020 (axm).
August 14, 2020 Filing 23 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa)
August 12, 2020 Filing 22 Brief/Memorandum in Support filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall re #21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven)
August 12, 2020 Filing 21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven)
July 31, 2020 Filing 20 Appendix in Support filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall re #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven)
July 31, 2020 Filing 19 Brief/Memorandum in Support filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall re #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven)
July 31, 2020 Filing 18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall (Schulte, Steven)
July 31, 2020 Filing 17 RESPONSE filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall 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)
July 22, 2020 Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven)
July 22, 2020 Filing 15 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa)
July 1, 2020 Opinion or Order 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)
June 29, 2020 Filing 13 Agreed MOTION to Extend Time Extension to time resp/reply filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall (Attachments: #1 Proposed Order) (Przybysz, Eric)
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).
June 17, 2020 Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa)
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)
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)
June 17, 2020 Filing 8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa)
June 11, 2020 Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa)
June 11, 2020 Filing 6 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).
June 10, 2020 Opinion or Order Filing 5 ELECTRONIC ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge Ed Kinkeade no longer assigned to case. (Ordered by Judge Ed Kinkeade on 6/10/2020) (chmb)
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. (oyh)
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)
June 10, 2020 Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. (Matthews, Melissa)
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 0539-10904112) 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 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa)

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Defendant: McKesson Corporation
Represented By: Zachary E. Pelham
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Defendant: C R Bard Inc
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Defendant: Does 1 through 100
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Defendant: Bard Peripheral Vascular Inc
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Defendant: C.R. Bard, Inc.
Represented By: Zachary E. Pelham
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Defendant: Bard Peripheral Vascular, Inc.
Represented By: Zachary E. Pelham
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Plaintiff: George Fenwick
Represented By: Steve Schulte
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