Rembert v. C R Bard Inc et al
| Jacqueline Rembert |
| McKesson Corporation, C R Bard Inc., Does 1 through 100, inclusive and Bard Peripheral Vascular, Inc. |
| 1:2020cv01994 |
| September 4, 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
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Order [non-document] the parties joint motion to stay for 90 days to conduct ongoing settlement negoitations. (Related Doc #40 ). Judge Jeffrey J. Helmick on 10/2/202.(S,AL)
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| Filing 40 Joint Motion to stay Discovery and All Pretrial Deadlines filed by Bard Peripheral Vascular, Inc., C R Bard Inc.. (Attachments: #1 Proposed Order)(Heis, Jennifer) |
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Order [non-document] granting plaintiff's Motion to dismiss party McKesson Corporation, without prejudice. (Related Doc #39 ). Judge Jeffrey J. Helmick on 9/29/2020.(S,AL)
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| Filing 39 Motion to dismiss Claims Against McKesson Corporation Without Prejudice filed by Bard Peripheral Vascular, Inc., C R Bard Inc., McKesson Corporation. (Heis, Jennifer) |
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Order [non-document] granting attorney Jordan E. Jarreau and Melissa Dorman Matthews' motion to withdraw as counsel for the defendants. (Related Doc #33 ); (Related Doc #34 ). 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, Inc., for 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 #37 ) (Related Doc #38 ). Judge Jeffrey J. Helmick on 9/21/2020. (S,AL)
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| Filing 38 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-10270129, filed by Bard Peripheral Vascular, Inc., C R Bard Inc., McKesson Corporation. (Heis, Jennifer) |
| Filing 37 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-10269882, filed by Bard Peripheral Vascular, Inc., C R Bard Inc., McKesson Corporation. (Heis, Jennifer) |
| Filing 36 Corporate Disclosure Statement identifying Corporate Parent Becton Dickinson and Company, Corporate Parent C.R. Bard, Inc. for Bard Peripheral Vascular, Inc. filed by Bard Peripheral Vascular, Inc.. (Heis, Jennifer) |
| Filing 35 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 34 Motion by Jordan E. Jarreau to withdraw as attorney filed by Bard Peripheral Vascular, Inc., C R Bard Inc., McKesson Corporation. (Attachments: #1 Proposed Order)(Heis, Jennifer) |
| Filing 33 Motion by Melissa Dorman Matthews to withdraw as attorney filed by Bard Peripheral Vascular, Inc., C R Bard Inc., McKesson Corporation. (Attachments: #1 Proposed Order)(Heis, Jennifer) |
| Filing 32 Attorney Appearance by Jennifer S. Heis filed by on behalf of Bard Peripheral Vascular, Inc., 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 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 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 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 31 Magistrate Consent Form issued. (M,TL) |
| Filing 30 CASE TRANSFERRED IN from District of Texas Northern. Case number 3:20-cv-02765. Electronic file, transfer order and docket sheet received. |
| Judge Jeffrey J. Helmick assigned to case. (M,TL) |
| Copy of #31 Magistrate Consent Form and docket sheet mailed to Eric Martin Przybysz, Fears Nachawati Law Firm, 5473 Blair Road, Dallas, TX 75231; Darren McDowell, Fears Nachawati Law Firm, 5473 Blair Road, Dallas, TX 75231; Steven Scott Schulte, Fears Nachawati Law Firm, 5473 Blair Road, Dallas, TX 75231; Melissa Dorman Matthews; Hartline Barger, Ste. 1600, 8750 N. Central Expressway, Dallas, TX 75231; Jordan E. Jarreau, Hartline Barger, Ste. 1600, 8750 N. Central Expressway, Dallas, TX 75231 on 09/04/2020. Related document(s) #31 . (M,TL) |
| 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,TL) |
| Notice by Clerk: Pursuant to Local Rule 3.13(b), C R Bard Inc. and Bard Peripheral Vascular, Inc. are reminded of their requirement to file a corporate disclosure statement. (M,TL) |
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Filing 29
MEMORANDUM OPINION AND ORDER granting #22 Amended 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 Charles Arnett's case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil case 3:20-cv-2758 opened); b. Plaintiff Hazle Chase's case be severed and transferred to the Eastern District of Louisiana (Civil case 3:20-cv-2759 opened); c. Plaintiff Patrick Fitzgerald's case be severed and transferred to the Central Division of the Eastern District of Arkansas (Civil case 3:20-cv-2760 opened); d. Plaintiff Tammy Harper's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2761 opened); e. Plaintiff Aaron Leatherwood's case be severed and transferred to the Columbus Division of the Middle District of Georgia (Civil case 3:20-cv-2762 opened); f. Plaintiff Kenny McPherson's case be severed and transferred to the Owensboro Division of the Western District of Kentucky (Civil case 3:20-cv-2763 opened); g. Plaintiff Shirley Myers's case be severed and transferred to the Pittsburgh Division of the Western District of Pennsylvania (Civil case 3:20-cv-2764 opened); and h. Plaintiff Jacqueline Rembert's case be severed and transferred to the Eastern Division of the Northern District of Ohio (Civil case 3:20-cv-2765 opened). Plaintiff Marisela Ramos 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 9/2/2020) (jmg) [Transferred from txnd on 9/4/2020.]
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| Filing 28 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division , #27 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Jarreau, Jordan) [Transferred from txnd on 9/4/2020.] |
| Filing 27 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Patrick Fitzgerald (Schulte, Steven) [Transferred from txnd on 9/4/2020.] |
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Filing 26
Order: Pursuant to the parties' agreement, see ECF Nos. 22, 25, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Roderick Harper'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 8/19/2020) (ykp) [Transferred from txnd on 9/4/2020.]
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| Filing 25 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division , #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 9/4/2020.] |
| Filing 24 Appendix in Support filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Marisela Ramos, Jacqueline Rembert re #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 9/4/2020.] |
| Filing 23 Brief/Memorandum in Support filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Marisela Ramos, Jacqueline Rembert re #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 9/4/2020.] |
| Filing 22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Marisela Ramos, Jacqueline Rembert (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/4/2020.] |
| Filing 21 Appendix in Support filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Jacqueline Rembert re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from txnd on 9/4/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Jacqueline Rembert re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from txnd on 9/4/2020.] |
| Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Jacqueline Rembert (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/4/2020.] |
| Filing 18 RESPONSE AND OBJECTION filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Marisela Ramos, Jacqueline Rembert re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from txnd on 9/4/2020.] |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Marisela Ramos, Jacqueline Rembert (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from txnd on 9/4/2020.] |
| Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from txnd on 9/4/2020.] |
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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 9/4/2020.]
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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 9/4/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Marisela Ramos, Jacqueline Rembert (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/4/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) [Transferred from txnd on 9/4/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from txnd on 9/4/2020.] |
| 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 txnd on 9/4/2020.] |
| 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 txnd on 9/4/2020.] |
| Filing 8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from txnd on 9/4/2020.] |
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Filing 7
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 6/15/2020) (svc) [Transferred from txnd on 9/4/2020.]
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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 Horan). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from txnd on 9/4/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) [Transferred from txnd on 9/4/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Matthews, Melissa) [Transferred from txnd on 9/4/2020.] |
| 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 txnd on 9/4/2020.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) [Transferred from txnd on 9/4/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10911038) 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 - Citation Issued to Bard Peripheral Vascular, Inc., #11 Exhibit(s) D-5 - Citation Issued to C.R. Bard, Inc., #12 Exhibit(s) D-6 - Citation Issued to McKesson Corp., #13 Exhibit(s) D-7 - Jury Demand, #14 Exhibit(s) D-8 - Notice of Dismissal Hearing, #15 Exhibit(s) D-9 - Affidavit of Service - McKesson, #16 Exhibit(s) D-10 - Return of Service - C.R. Bard, #17 Exhibit(s) D-11 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from txnd on 9/4/2020.] |
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