Stamer v. C R Bard Inc et al
| Dorothy Stamer |
| C R Bard Inc, Bard Peripheral Vascular Incorporated, McKesson Corporation and Does 1 through 100 Inclusive |
| 3:2020cv00366 |
| August 31, 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 October 23, 2020. A more recent docket listing may be available from PACER.
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Filing 46
ORDER granting #36 Motion for Leave to Appear Pro Hac Vice of Sanjay Ghosh; granting #37 Motion for Leave to Appear Pro Hac Vice of Matthew Lerner; granting #39 Motion for Leave to Appear Pro Hac Vice of Steven Scott Schulte. Signed by Magistrate Judge Elizabeth Preston Deavers on October 23, 2020. (jlk)
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| Filing 45 NOTICE of Hearing: Preliminary Pretrial Conference set for 12/22/2020 01:30 PM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln) |
| Filing 44 Mail Returned as Undeliverable re Pro Hac Vice Notice to counsel. Mail sent to Darren McDowell. (Attachments: #1 mail returned) (kma) |
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Filing 43
ORDER granting #42 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 42 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 41 STIPULATION to Dismiss Claims Against McKesson Corporation Without Prejudice by Defendants Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. (Heis, Jennifer) |
| Filing 40 Filing fee: $ 200.00, receipt number 300DAY024192 re #39 (kma) |
| Filing 39 MOTION for Leave to Appear Pro Hac Vice of Steven S. Schulte by Plaintiff Dorothy Stamer. (kma) |
| Filing 38 NOTICE of Hearing: Preliminary Pretrial Conference set for 10/13/2020 10:30 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln) |
| Filing 37 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7657093) of Matthew B. Lerner by Defendants Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. (Heis, Jennifer) |
| Filing 36 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7657010) of Sanjay Ghosh by Defendants Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. (Heis, Jennifer) |
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Filing 35
ORDER granting #30 Motion to Withdraw as Attorney. Attorney Melissa Dorman Matthews terminated. Signed by Magistrate Judge Elizabeth Preston Deavers on September 4, 2020. (jlk)
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Filing 34
ORDER granting #31 Motion to Withdraw as Attorney. Attorney Jordan E Jarreau terminated. Signed by Magistrate Judge Elizabeth Preston Deavers on September 4, 2020. (jlk)
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| Filing 33 Corporate Disclosure Statement by Defendants Bard Peripheral Vascular Incorporated, Becton Dickinson and Company, C.R. Bard, Inc. identifying Corporate Parent Becton Dickinson and Company, Corporate Parent C.R. Bard, Inc. for Bard Peripheral Vascular Incorporated.. (Heis, Jennifer) |
| Filing 32 Corporate Disclosure Statement by Defendants C R Bard Inc, Becton Dickinson and Company, Bard Peripheral Vascular, Inc. identifying Corporate Parent Becton Dickinson and Company, Other Affiliate Bard Peripheral Vascular, Inc. for C R Bard Inc.. (Heis, Jennifer) |
| 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 by Clerk of Southern District of Ohio of Pro Hac Vice Rules as to Attorney Eric M. Przybysz. (ew) |
| Filing 27 Notice by Clerk of Southern District of Ohio of Pro Hac Vice Rules as to Attorney Darren McDowell, Steven Scott Schulte, Melissa Dorman Matthews, and Jordan E. Jarreau (pb) |
| Filing 26 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02551. 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. (pb) |
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Filing 25
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 Theresa Beeler's case be severed and transferred to the Tulsa Division of the Northern District of Oklahoma (Civil case 3:20-cv-2545 opened); b. Plaintiff Margaret Davitt's case be severed and transferred to the New Haven Division of the District of Connecticut (Civil case 3:20-cv-2546 opened); c. Plaintiff Michael Harris's case be severed and transferred to the Central Islip Division of the Eastern District of New York (Civil case 3:20-cv-2547 opened); d. Plaintiff Sallie King's case be severed and transferred to the Valdosta Division of the Middle District of Georgia (Civil case 3:20-cv-2548 opened); e. Plaintiff Brian McCaslin's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2549 opened); f. Plaintiff James Shoop's case be severed and transferred to the Central Division of the Western District of Missouri (Civil case 3:20-cv-2550 opened); g. Plaintiff Dorothy Stamer's case be severed and transferred to the Western Division of the Southern District of Ohio (Civil case 3:20-cv-2551 opened); and h. Plaintiff Richard Wawrzyniak's case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil case 3:20-cv-2552 opened). Plaintiff Tommie Byers 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 8/27/2020) (jmg) [Transferred from Texas Northern on 8/31/2020.]
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Filing 24
ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Terry Scott's claims against Defendants. The parties shall bear their own costs. Party Terry Scott terminated. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (axm) [Transferred from Texas Northern on 8/31/2020.]
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| 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 Texas Northern on 8/31/2020.] |
| 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 Texas Northern on 8/31/2020.] |
| Filing 21 Appendix in Support filed by Theresa Beeler, Margaret Davitt, Michael Harris, Sallie King, Brian McCaslin, Terry Scott, James Shoop, Dorothy Stamer, Richard Wawrzyniak re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from Texas Northern on 8/31/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Theresa Beeler, Margaret Davitt, Michael Harris, Sallie King, Brian McCaslin, Terry Scott, James Shoop, Dorothy Stamer, Richard Wawrzyniak re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from Texas Northern on 8/31/2020.] |
| Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by Theresa Beeler, Margaret Davitt, Michael Harris, Sallie King, Brian McCaslin, Terry Scott, James Shoop, Dorothy Stamer, Richard Wawrzyniak (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/31/2020.] |
| Filing 18 RESPONSE AND OBJECTION filed by Theresa Beeler, Tommie Byers, Margaret Davitt, Michael Harris, Sallie King, Brian McCaslin, Terry Scott, James Shoop, Dorothy Stamer, Richard Wawrzyniak re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/31/2020.] |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Theresa Beeler, Tommie Byers, Margaret Davitt, Michael Harris, Sallie King, Brian McCaslin, Terry Scott, James Shoop, Dorothy Stamer, Richard Wawrzyniak (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/31/2020.] |
| Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) [Transferred from Texas Northern on 8/31/2020.] |
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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 Texas Northern on 8/31/2020.]
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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 Texas Northern on 8/31/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #9 MOTION to Dismiss for Lack of Jurisdiction , #2 MOTION to Dismiss for Lack of Jurisdiction filed by Theresa Beeler, Tommie Byers, Margaret Davitt, Michael Harris, Sallie King, Brian McCaslin, Terry Scott, James Shoop, Dorothy Stamer, Richard Wawrzyniak (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/31/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from Texas Northern on 8/31/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/31/2020.] |
| Filing 10 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from Texas Northern on 8/31/2020.] |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/31/2020.] |
| 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 Texas Northern on 8/31/2020.] |
| Filing 7 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 Texas Northern on 8/31/2020.] |
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Filing 6
ELECTRONIC ORDER: Civil action number 3:20-CV-1535-G is hereby transferred to the docket of the Honorable Karen Gren Scholer and shall henceforth carry the suffix letter "S". (Ordered by Senior Judge A. Joe Fish on 6/11/2020) (ctf) [Transferred from Texas Northern on 8/31/2020.]
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| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 8/31/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 8/31/2020.] |
| 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 Texas Northern on 8/31/2020.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from Texas Northern on 8/31/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10907842) 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 Texas Northern on 8/31/2020.] |
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