Summers v. C R Bard Inc et al
| Patricia Summers |
| Bard Peripheral Vascular Incorporated, McKesson Corporation, C R Bard Inc, Does 1-100, inclusive and C R Bard Inc. |
| 1:2020cv01962 |
| September 1, 2020 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Jeffrey J Helmick |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 29, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 42 Joint Motion to stay Proceedings and Supporting Memorandum filed by Bard Peripheral Vascular Incorporated, C R Bard Inc.. (Attachments: #1 Proposed Order)(Heis, Jennifer) |
Order [non-document] granting attorney Darren McDowell and Eric Martin Przybysz's motion to withdraw as counsel of record for the plaintiff. (Related Doc #40 ) (Related Doc #41 ) Judge Jeffrey J. Helmick on 10/15/2020.(S,AL)
|
|
Order [non-document]granting Motion for appearance pro hac vice by attorney Steven Scott Schulte for Patricia Summers. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #39 ). Judge Jeffrey J. Helmick on 10/15/2020.(S,AL)
|
| Filing 41 Motion by Eric Martin Przybysz to withdraw as attorney filed by Plaintiff Patricia Summers. (Attachments: #1 Proposed Order on Motion to Withdraw)(Schulte, Steven) |
| Filing 40 Motion by Darren McDowell to withdraw as attorney filed by Plaintiff Patricia Summers. (Attachments: #1 Proposed Order on Motion to Withdraw)(Schulte, Steven) |
| Filing 39 Motion for attorney Steven S. Schulte to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10325141, filed by Plaintiff Patricia Summers. (Attachments: #1 Exhibit Declaration of Steven S. Schulte in Support of Motion to Appear Pro Hac Vice, #2 Exhibit Certificate of Good Standing - Northern District of Texas, #3 Exhibit Certificate of Good Standing from the Supreme Court of Texas, #4 Exhibit Certificate of Good Standing from the State Bar of Texas)(Schulte, Steven) |
|
Filing 38
Order: Parties to file a joint status report by 10/30/2020. Judge Jeffrey J. Helmick on 10/6/2020. (S,AL)
|
|
Order [non-document] granting Motion for appearance pro hac vice by attorney Sanjay Ghosh and Matthew B. Lerner for Bard Peripheral Vascular Incorporated, C R Bard Inc., and for McKesson Corporation. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #35 ) (Related Doc #36 ). Judge Jeffrey J. Helmick on 9/22/2020.(S,AL)
|
|
Order [non-document] granting the plaintiff's motion to dismiss party McKesson Corporation, without prejudice. (Related Doc #37 ). Judge Jeffrey J. Helmick on 9/22/2020.(S,AL)
|
| Filing 37 Motion to dismiss party McKesson Corporation Without Prejudice filed by Bard Peripheral Vascular Incorporated, C R Bard Inc., McKesson Corporation. (Heis, Jennifer) |
| Filing 36 Motion for attorney Matthew B. Lerner to Appear Pro Hac Vice with Declaration of Matthew B. Lerner and Certificates of Good Standing. Filing fee $ 120, receipt number AOHNDC-10270169, filed by Bard Peripheral Vascular Incorporated, C R Bard Inc., McKesson Corporation. (Heis, Jennifer) |
| Filing 35 Motion for attorney Sanjay Ghosh to Appear Pro Hac Vice with Declaration of Sanjay Ghosh and Certificate of Good Standing. Filing fee $ 120, receipt number AOHNDC-10269910, filed by Bard Peripheral Vascular Incorporated, C R Bard Inc., McKesson Corporation. (Heis, Jennifer) |
|
Order [non-document] granting attorney Jordan E. Jarreau and Melissa Dorman Matthews' motion to withdraw from the case as counsel of record for the defendants. (Related Doc #31 ) (Related Doc #32 ). Judge Jeffrey J. Helmick on 9/14/2020.(S,AL)
|
| Filing 34 Corporate Disclosure Statement identifying Corporate Parent Becton Dickinson and Company, Corporate Parent C.R. Bard, Inc. for Bard Peripheral Vascular Incorporated filed by Bard Peripheral Vascular Incorporated. (Heis, Jennifer) |
| Filing 33 Corporate Disclosure Statement identifying Corporate Parent Becton Dickinson and Company, Other Affiliate Bard Peripheral Vascular, Inc. for C R Bard Inc. filed by C R Bard Inc.. (Heis, Jennifer) |
| Filing 32 Motion by Jordan E. Jarreau to withdraw as attorney filed by Bard Peripheral Vascular Incorporated, C R Bard Inc., McKesson Corporation. (Attachments: #1 Proposed Order)(Heis, Jennifer) |
| Filing 31 Motion by Melissa Dorman Matthews to withdraw as attorney filed by Bard Peripheral Vascular Incorporated, C R Bard Inc., McKesson Corporation. (Attachments: #1 Proposed Order)(Heis, Jennifer) |
| Filing 30 Attorney Appearance by Jennifer S. Heis filed by on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc., McKesson Corporation. (Heis, Jennifer) |
| Notice to Attorney Darren McDowell. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (O,K) |
| Notice to Attorney Eric Martin Przybysz. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (O,K) |
| Notice to Attorney Steven Scott Schulte. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (O,K) |
| Notice to Attorney Melissa Dorman Matthews. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (O,K) |
| Notice to Attorney Jordan E. Jarreau. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (O,K) |
| Filing 29 Magistrate Consent Form issued. (T,Je) |
| Filing 28 CASE TRANSFERRED IN from District of Texas Northern. Case number 3:20-cv-02650. Electronic file, and docket sheet received. |
| Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James R. Knepp, II. (T,Je) |
| Judge Jeffrey J. Helmick assigned to case. (T,Je) |
| Copy of docket sheet, and #29 Magistrate Consent Form Issued mailed to Eric Martin Przybysz at Fears Nachawati Law Firm 5473 Bair Rd Dallas, TX 75231; Darren McDowell at Simon Eddins & Greenstone LLP 3232 McKinney Ave; Steven Scott Schulte at Fears Nachawati PLLC 5473 Blair Road Dallas, TX 75231; Melissa Dorman Matthews at Hartline Barger LLP 8750 N Central Expressway, Suite 1600 Dallas, TX 75231; and Jordan E Jarreau at Hartline Barger LLP 8750 N Central Expressway, Suite 1600 Dallas, TX 75231 on 9/1/2020. Related document(s) #29 . (T,Je) |
| Notice by Clerk: Pursuant to Local Rule 3.13(b), C R Bard Inc., Bard Peripheral Vascular Incorporated, and McKesson Corporation are reminded of their requirement to file a Corporate Disclosure Statement, (T,Je) |
|
Filing 27
Memorandum Opinion and Order Grants #19 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 Melina Bailey's case be severed and transferred to the Lexington Division of the Eastern District of Kentucky (3:20-cv-2644 case opened); b. Plaintiff Michael Gonzalez's case be severed and transferred to the Tampa Division of the Middle District of Florida (3:20-cv-2645 case opened); c. Plaintiff Tierney Langley's case be severed and transferred to the Northern Division of the District of Maryland (3:20-cv-2646 case opened); d. Plaintiff David Laughter's case be severed and transferred to the Spartanburg Division of the District of South Carolina (3:20-cv-2647 case opened); e. Plaintiff Mickey McAdams's case be severed and transferred to the Augusta Division of the Southern District of Georgia (3:20-cv-2648 case opened); f. Plaintiff Tangle Shealey's case be severed and transferred to the Northern Division of the Middle District of Alabama (3:20-cv-2649 case opened); g. Plaintiff Patricia Summers's case be severed and transferred to the Cleveland Division of the Northern District of Ohio (3:20-cv-2650 case opened); and h. Plaintiff Gwendolyn Thomas's case be severed and transferred to the Northern District of Oklahoma (3:20-cv-2651 case opened). Plaintiff Lesley Enriquez 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 8/31/2020) (mjr) [Transferred from txnd on 9/1/2020.]
|
| Filing 26 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #25 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Jarreau, Jordan) [Transferred from txnd on 9/1/2020.] |
| Filing 25 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Mickey McAdams (Schulte, Steven) [Transferred from txnd on 9/1/2020.] |
|
Filing 24
ORDER: Pursuant to the parties' agreement, see ECF Nos. #19 , #23 , the Court DISMISSES WITHOUT PREJUDICE Plaintiff Beth Statman'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 8/26/2020) (ctf) [Transferred from txnd on 9/1/2020.]
|
| Filing 23 Supplemental RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) Modified title on 8/25/2020 (awc). [Transferred from txnd on 9/1/2020.] |
| Filing 22 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) [Transferred from txnd on 9/1/2020.] |
| Filing 21 Appendix in Support filed by Melina Bailey, Michael Gonzalez, Tierney Langley, David Laughter, Mickey McAdams, Tangle Shealey, Beth Statman, Patricia Summers, Gwendolyn Thomas re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from txnd on 9/1/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Melina Bailey, Michael Gonzalez, Tierney Langley, David Laughter, Mickey McAdams, Tangle Shealey, Beth Statman, Patricia Summers, Gwendolyn Thomas re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from txnd on 9/1/2020.] |
| Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by Melina Bailey, Michael Gonzalez, Tierney Langley, David Laughter, Mickey McAdams, Tangle Shealey, Beth Statman, Patricia Summers, Gwendolyn Thomas (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/1/2020.] |
| Filing 18 RESPONSE AND OBJECTION filed by Melina Bailey, Lesley Enriquez, Michael Gonzalez, Tierney Langley, David Laughter, Mickey McAdams, Tangle Shealey, Beth Statman, Patricia Summers, Gwendolyn Thomas re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from txnd on 9/1/2020.] |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Melina Bailey, Lesley Enriquez, Michael Gonzalez, Tierney Langley, David Laughter, Mickey McAdams, Tangle Shealey, Beth Statman, Patricia Summers, Gwendolyn Thomas (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from txnd on 9/1/2020.] |
| Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from txnd on 9/1/2020.] |
|
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 7/22/2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (oyh) [Transferred from txnd on 9/1/2020.]
|
|
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 txnd on 9/1/2020.]
|
| Filing 13 MOTION for Extension of Time to File Response/Reply to #8 MOTION to Dismiss for Lack of Jurisdiction , #2 MOTION to Dismiss for Lack of Jurisdiction filed by Melina Bailey, Lesley Enriquez, Michael Gonzalez, Tierney Langley, David Laughter, Mickey McAdams, Tangle Shealey, Beth Statman, Patricia Summers, Gwendolyn Thomas (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/1/2020.] |
| Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from txnd on 9/1/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from txnd on 9/1/2020.] |
| Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from txnd on 9/1/2020.] |
| Filing 8 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from txnd on 9/1/2020.] |
| Filing 7 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from txnd on 9/1/2020.] |
|
Filing 12
ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge David C Godbey no longer assigned to case. (Ordered by Judge David C Godbey on 6/17/2020) (axm) [Transferred from txnd on 9/1/2020.]
|
| 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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from txnd on 9/1/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from txnd on 9/1/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from txnd on 9/1/2020.] |
| 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 (Jarreau, Jordan) [Transferred from txnd on 9/1/2020.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from txnd on 9/1/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10908922) 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 State Court Docket Sheet, #8 Exhibit(s) D-2 2020-04-07 Original Petition, #9 Exhibit(s) D-3 2020-04-07 Civil Case Info. Sheet, #10 Exhibit(s) D-4 2020-04-08 Citation Issued - C.R. Bard, #11 Exhibit(s) D-5 2020-04-08 Citation Issued - Bard, #12 Exhibit(s) D-6 2020-04-08 Citation Issued - McKesson, #13 Exhibit(s) D-7 2020-05-06 Return of Service - McKesson, #14 Exhibit(s) D-8 2020-05-22 Return of Service - C.R. Bard, #15 Exhibit(s) D-9 2020-06-04 Return of Service - Bard) (Jarreau, Jordan) [Transferred from txnd on 9/1/2020.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Ohio Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
