Tobias v. C R Bard Inc. et al
| David Tobias |
| Bard Peripheral Vascular Incorporated, McKesson Corporation, C R Bard Inc. and Does 1 through 100, inclusive |
| 1:2020cv01986 |
| September 3, 2020 |
| US District Court for the Northern District of Ohio |
| Jeffrey J Helmick |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 29, 2020. A more recent docket listing may be available from PACER.
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| Filing 44 Joint Motion to stay Proceedings and Supporting Memorandum filed by Bard Peripheral Vascular Incorporated, C R Bard Inc.. (Attachments: #1 Proposed Order)(Heis, Jennifer) |
Filing 43
Order: Parties to file a joint status report by 10/30/2020. Judge Jeffrey J. Helmick on 10/6/2020. (S,AL)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Steven Scott Schulte for David Tobias. 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 #38 ). Judge Jeffrey J. Helmick on 9/23/2020.(S,AL)
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Order [non-document] granting atorney Darren McDowell and Eric Martin Przybysz's motion to withdraw as counsel of record for the plaintiff. (Related Doc #39 ) (Related Doc #40 (Related Doc #41 )(Related Doc #42 ). Judge Jeffrey J. Helmick on 9/23/2020.(S,AL)
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| Filing 42 Amended Motion by Eric Martin Przybysz to withdraw as attorney filed by Plaintiff David Tobias. Related document(s) #40 . (Attachments: #1 Proposed Order on Motion to Withdraw)(Schulte, Steven) |
| Filing 41 Amended Motion by Darren McDowell to withdraw as attorney filed by Plaintiff David Tobias. Related document(s) #39 . (Attachments: #1 Proposed Order on Motion to Withdraw)(Schulte, Steven) |
| Filing 40 Motion by Eric Martin Przybysz to withdraw as attorney filed by Plaintiff David Tobias. (Attachments: #1 Proposed Order on Motion to Withdraw)(Schulte, Steven) |
| Filing 39 Motion by Darren McDowell to withdraw as attorney filed by Plaintiff David Tobias. (Attachments: #1 Proposed Order on Motion to Withdraw)(Schulte, Steven) |
| Filing 38 Motion for attorney Steven S. Schulte to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10284874, filed by Plaintiff David Tobias. (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 State Bar of Texas)(Schulte, Steven) |
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Order [non-document] granting attorney Jordan E. Jarreau and Melissa Dorman Matthews' motion to withdraw as counsel of record for the defendants. (Related Doc #31 ) (Related Doc #32 ). Judge Jeffrey J. Helmick on 9/21/2020.(S,AL)
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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 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 9/21/2020.(S,AL)
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Order [non-document] granting plaintiff's motion to dismiss party McKesson Corporation without prejudice. (Related Doc #37 ). Judge Jeffrey J. Helmick on 9/21/2020.(S,AL)
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| 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-10270197, 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-10269922, filed by Bard Peripheral Vascular Incorporated, C R Bard Inc., McKesson Corporation. (Heis, Jennifer) |
| 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. (W,Jo) |
| 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. (W,Jo) |
| 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. (W,Jo) |
| 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. (W,Jo) |
| 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. (W,Jo) |
| Filing 29 Magistrate Consent Form issued. (M,L) |
| Filing 28 CASE TRANSFERRED IN from District of Texas Northern. Case number 3:20-cv-02667. Electronic file, transfer order and docket sheet received. |
| FILING ERROR: Duplicate Entry. Notice by Clerk: Pursuant to Local Rule 3.13(b), C R Bard Inc., Bard Peripheral Vascular, Inc., and McKesson Corporation are reminded of their requirement to file a Corporate Disclosure Statement. (M,L) (M,L) Modified on 9/3/2020 (M,L). |
| Copy of Docket sheet and #29 Magistrate Consent Form Issued mailed to Eric Martin Przybysz, Darren McDowell, Steven Scott Schulte, Melissa Dorman Matthews, Jordan E. Jarreau at the addresses appearing on the docket on 9/3/2020. Related document(s) #29 . (M,L) |
| Notice by Clerk: Pursuant to Local Rule 3.13(b), C R Bard Inc. and McKesson Corporation are reminded of their requirement to file a Corporate Disclosure Statement. (M,L) |
| Random 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. (M,L) |
| Judge Jeffrey J. Helmick assigned to case. (M,L) |
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Filing 27
MEMORANDUM OPINION AND ORDER granting #21 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 Clara Coleman's case be severed and transferred to the Eastern Division of the Northern District of Illinois (Civil case 3:20-cv-2660-S opened); b. Plaintiff Troy Frederick's case be severed and transferred to the Akron Division of the Northern District of Ohio (Civil case 3:20-cv-2661-S opened); c. Plaintiff Debra Griffin's case be severed and transferred to the Northern Division of the Eastern District of Michigan (Civil case 3:20-cv-2662-S opened); d. Plaintiff Diana Long's case be severed and transferred to the Eastern District of Pennsylvania (Civil case 3:20-cv-2663-S opened); e. Plaintiff Debra Matter's case be severed and transferred to the Middle District of Pennsylvania (Civil case 3:20-cv-2664-S opened); f. Plaintiff Frederick Pilger's case be severed and transferred to the Northern Division of the District of Maryland (Civil case 3:20-cv-2665-S opened); g. Plaintiff Lucas Staker's case be severed and transferred to the Southern District of California (Civil case 3:20-cv-2666-S opened); and h. Plaintiff David Tobias's case be severed and transferred to the Cleveland Division of the Northern District of Ohio (Civil case 3:20-cv-2667-S opened). Plaintiff Ruby Byrd 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 txnd on 9/3/2020.]
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Filing 26
ORDER: Pursuant to the parties' agreement, see ECF Nos. #21 , #25 , the Court DISMISSES WITHOUT PREJUDICE Plaintiff Ana Ayalanieves'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 8/25/2020) (ctf) [Transferred from txnd on 9/3/2020.]
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| Filing 25 Supplemental RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #21 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 9/3/2020.] |
| Filing 24 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #21 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) [Transferred from txnd on 9/3/2020.] |
| Filing 23 Appendix in Support filed by Ana Ayalanieves, Clara Coleman, Troy Frederick, Debra Griffin, Diana Long, Debra Matter, Frederick Pilger, Lucas Staker, David Tobias re #21 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
| Filing 22 Brief/Memorandum in Support filed by Ana Ayalanieves, Clara Coleman, Troy Frederick, Debra Griffin, Diana Long, Debra Matter, Frederick Pilger, Lucas Staker, David Tobias re #21 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
| Filing 21 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by Ana Ayalanieves, Clara Coleman, Troy Frederick, Debra Griffin, Diana Long, Debra Matter, Frederick Pilger, Lucas Staker, David Tobias (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
| Filing 20 RESPONSE AND OBJECTION filed by Ana Ayalanieves, Ruby Byrd, Clara Coleman, Troy Frederick, Debra Griffin, Diana Long, Debra Matter, Frederick Pilger, Lucas Staker, David Tobias re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
| Filing 19 ***DISREGARD/FILED IN THE WRONG CASE*** MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by Ana Ayalanieves, Clara Coleman, Troy Frederick, Debra Griffin, Diana Long, Debra Matter, Frederick Pilger, Lucas Staker, David Tobias (Attachments: #1 Proposed Order) (Schulte, Steven) Modified on 8/3/2020 (ykp). [Transferred from txnd on 9/3/2020.] |
| Filing 18 ***DISREGARD/FILED IN THE WRONG CASE***RESPONSE AND OBJECTION filed by Ana Ayalanieves, Ruby Byrd, Clara Coleman, Troy Frederick, Debra Griffin, Diana Long, Debra Matter, Frederick Pilger, Lucas Staker, David Tobias re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) Modified on 8/3/2020 (ykp). [Transferred from txnd on 9/3/2020.] |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Ana Ayalanieves, Ruby Byrd, Clara Coleman, Troy Frederick, Debra Griffin, Diana Long, Debra Matter, Frederick Pilger, Lucas Staker, David Tobias (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
| 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 9/3/2020.] |
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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 txnd 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 txnd on 9/3/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #2 MOTION to Dismiss for Lack of Jurisdiction , #9 MOTION to Dismiss for Lack of Jurisdiction filed by Ana Ayalanieves, Ruby Byrd, Clara Coleman, Troy Frederick, Debra Griffin, Diana Long, Debra Matter, Frederick Pilger, Lucas Staker, David Tobias (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/3/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from txnd on 9/3/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from txnd 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 txnd on 9/3/2020.] |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from txnd 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 txnd on 9/3/2020.] |
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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 txnd on 9/3/2020.]
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| 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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from txnd on 9/3/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from txnd on 9/3/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from txnd on 9/3/2020.] |
| 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 9/3/2020.] |
| 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 9/3/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10908285) 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 2020-04-06 Original Petition, #9 Exhibit(s) D-3 2020-04-06 Civil Case Info. Sheet, #10 Exhibit(s) D-4 2020-04-06 Jury Demand, #11 Exhibit(s) D-5 2020-04-06 Citation Issued - Bard Peripheral, #12 Exhibit(s) D-6 2020-04-06 Citation Issued - McKesson, #13 Exhibit(s) D-7 2020-04-06 Citation Issues - C.R. Bard, #14 Exhibit(s) D-8 2020-05-06 Return of Service - McKesson, #15 Exhibit(s) D-9 2020-05-22 Return of Service - C.R. Bard, #16 Exhibit(s) D-10 2020-06-04 Return of Service Bard Peripheral) (Jarreau, Jordan) [Transferred from txnd on 9/3/2020.] |
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