Widmyer v. C R Bard Inc et al
| Loreta Widmyer |
| Does 1 through 100 Inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular Incorporated |
| 3:2020cv00355 |
| August 24, 2020 |
| US District Court for the Southern District of Ohio |
| Elizabeth Preston Deavers |
| Michael H Watson |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 25, 2020. A more recent docket listing may be available from PACER.
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| Filing 42 NOTICE of Hearing: Preliminary Pretrial Conference set for 12/22/2020 10:30 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln) |
Filing 41
ORDER granting #40 Motion to Stay Discovery and All Pretrial Deadlines. All discovery and pretrial deadlines are stayed, and the initial scheduling conference is continued for ninety (90) days after the entry of this order to allow the parties to conduct ongoing settlement negotiations. Signed by Magistrate Judge Elizabeth Preston Deavers on 9/21/2020. (kk2)
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| Filing 40 Joint MOTION to Stay Discovery and All Pretrial Deadlines by Defendants Bard Peripheral Vascular Incorporated, C R Bard Inc. (Attachments: #1 Text of Proposed Order) (Heis, Jennifer) |
| Filing 39 STIPULATION to Dismiss Claims Against McKesson Corporation Without Prejudice by Defendants Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. (Heis, Jennifer) |
| Filing 38 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7657045) of Matthew B. Lerner by Defendants Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. (Heis, Jennifer) |
| Filing 37 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7656970) of Sanjay Ghosh by Defendants Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. (Heis, Jennifer) |
| Filing 36 Mail sent to Darren McDowell returned as undeliverable. Contents include: Notice by Clerk of Southern District of Ohio of Pro Hac Vice Rules. (ew) |
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Filing 35
ORDER granting #31 Motion to Withdraw as Attorney. Attorney Jordan E Jarreau terminated. Signed by Magistrate Judge Elizabeth Preston Deavers on September 1, 2020. (jlk)
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Filing 34
ORDER granting #30 Motion to Withdraw as Attorney. Attorney Melissa Dorman Matthews terminated. Signed by Magistrate Judge Elizabeth Preston Deavers on September 1, 2020. (jlk)
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| Filing 33 Corporate Disclosure Statement by Defendant Bard Peripheral Vascular Incorporated identifying Corporate Parents Becton Dickinson and Company and C.R. Bard, Inc. (Heis, Jennifer) Modified text on 9/1/2020 (ew). |
| Filing 32 Corporate Disclosure Statement by Defendant C R Bard Inc identifying Corporate Parent Becton Dickinson and Company and Other Affiliate Bard Peripheral Vascular, Inc. (Heis, Jennifer) Modified text on 9/1/2020 (ew). |
| Filing 31 MOTION to Withdraw as Attorney by Jordan E. Jarreau by Defendants Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. (Attachments: #1 Text of Proposed Order) (Heis, Jennifer) |
| Filing 30 MOTION to Withdraw as Attorney by Melissa Dorman Matthews by Defendants Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. (Attachments: #1 Text of Proposed Order) (Heis, Jennifer) |
| Filing 29 NOTICE of Appearance by Jennifer Snyder Heis for Defendants Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Heis, Jennifer) |
| Filing 28 NOTICE of Hearing:Preliminary Pretrial Conference set for 9/29/2020 10:30 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln) |
| Filing 27 Notice by Clerk of Southern District of Ohio of Pro Hac Vice Rules as to Attorneys Eric M. Przybysz, Darren McDowell, Steven Scott Schulte, Melissa Dorman Matthews, and Jordan E. Jarreau. (ew) |
| Filing 26 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02188. Original file electronic copy of transfer order and docket sheet received. |
| Judge Michael H. Watson and Magistrate Judge Elizabeth Preston Deavers added. Motions referred to Elizabeth Preston Deavers. (er) |
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Filing 25
ORDER granting #20 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 Joseph Abell's case be severed and transferred to the Baltimore Division of the District of Maryland (Civil case 3:20-cv-2182 opened); b. Plaintiff Michael Bell's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil case 3:20-cv-2183 opened); c. Plaintiff Scott German's case be severed and transferred to the Toledo Division of the Northern District of Ohio (Civil case 3:20-cv-2184 opened); d. Plaintiff Marie Leonard's case be severed and transferred to the Raleigh Division of the Eastern District of North Carolina (Civil case 3:20-cv-2185 opened); e. Plaintiff Wilhemenia Lindsey's case be severed and transferred to the Columbus Division of the Southern District of Ohio (Civil case 3:20-cv-2186 opened); f. Plaintiff Annie Walker's case be severed and transferred to the Ann Arbor Division of the Eastern District of Michigan (Civil case 3:20-cv-2187 opened); g. Plaintiff Loreta Windmyer's case be severed and transferred to the Dayton Division of the Southern District of Ohio (Civil case 3:20-cv-2188 opened); h. Plaintiff Cathy Wilburn's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (Civil case 3:20-cv-2189 opened); i. Plaintiff Cynthia Hughes's case be severed and transferred to the Chattanooga Division of the Eastern District of Tennessee (Civil case 3:20-cv-2190 opened). Plaintiff Manuela Gonzalez 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 8/17/2020) (jmg) [Transferred from Texas Northern on 8/24/2020.]
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| Filing 24 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 23 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 22 Appendix in Support filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 21 Brief/Memorandum in Support filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 19 RESPONSE filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn re: #9 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #3 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 18 NOTICE of Filing Completed Forms for Each Plaintiff re: #16 Order, filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.] |
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Filing 16
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 8/24/2020.]
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Filing 15
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 8/24/2020.]
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| Filing 14 MOTION for Extension of Time to File Response/Reply to #9 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #3 MOTION to Dismiss for Lack of Jurisdiction filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 13 replaced to flatten image on 6/15/2020) (dsr). [Transferred from Texas Northern on 8/24/2020.] |
| Filing 12 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 8/24/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 10 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 9 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 8 AMENDED DOCUMENT by Bard Peripheral Vascular Inc. Amendment to #6 Cert. Of Interested Persons/Disclosure Statement. . (Matthews, Melissa) (Main Document 8 replaced with flattened document on 6/12/2020) (ykp). [Transferred from Texas Northern on 8/24/2020.] |
| Filing 7 AMENDED DOCUMENT by C R Bard Inc. Amendment to #5 Cert. Of Interested Persons/Disclosure Statement. . (Matthews, Melissa) (Main Document 7 replaced with flattened document on 6/12/2020) (ykp). [Transferred from Texas Northern on 8/24/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) (Main Document 6 replaced with flattened document on 6/12/2020) (ykp). [Transferred from Texas Northern on 8/24/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Matthews, Melissa) (Main Document 5 replaced with flattened document on 6/12/2020) (ykp). [Transferred from Texas Northern on 8/24/2020.] |
| Filing 4 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, C R Bard Inc, Does 1 through 100 inclusive, McKesson Corporation re #3 MOTION to Dismiss for Lack of Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc, Does 1 through 100 inclusive, McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 2 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 Texas Northern on 8/24/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Bard Peripheral Vascular, Inc., Does 1 through 100 inclusive, C. R. Bard, Inc.. (Filing fee $400; receipt number 0539-10896016) 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, #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, Inc., #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, Inc., #16 Exhibit(s) D-10 - Return of Service - Bard Peripheral) (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
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