Knowles v. C R Bard Inc et al
Plaintiff: Spencer Knowles
Defendant: Does 1-100, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular, Inc.
Case Number: 6:2020cv00303
Filed: September 2, 2020
Court: US District Court for the Eastern District of Oklahoma
Office: Muskogee Office
Presiding Judge: John F Heil
Referring Judge: Kimberly E West
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 26, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 26, 2020 Opinion or Order Filing 45 MINUTE ORDER by District Judge John F. Heil, III DENYING AS MOOT #39 Joint Motion for Temporary Stay. (ndd, Deputy Clerk)
October 26, 2020 Opinion or Order Filing 44 ORDER by District Judge John F. Heil, III GRANTING #43 Joint Motion for Temporary Stay. Case temporarily stayed for a period of ninety (90) days, or until 1/13/2021. If matter not resolved by 1/13/2021, parties directed to file Joint Status Report by 1/27/2021. (ndd, Deputy Clerk)
October 15, 2020 Filing 43 Joint MOTION to Stay by Bard Peripheral Vascular, Inc., C R Bard Inc (With attachments) Responses due by 10/29/2020(Bass, Jonathan)
October 13, 2020 Filing 42 MINUTE ORDER by Court Clerk - Pursuant to receipt of an election of the District Judge Option and in accordance with LCvR 40.1(c), this case is reassigned to District Judge John F. Heil, III. Magistrate Judge Kimberly E. West no longer assigned to case. All previously scheduled deadlines and hearings set before Magistrate Judge West are hereby stricken. All documents filed in this case in the future shall reflect the new case number CIV 20-303-JFH.(adw, Deputy Clerk)
October 7, 2020 Opinion or Order Filing 41 MINUTE ORDER by Magistrate Judge Kimberly E. West - This Court acknowledges the filing of the parties' Joint Motion for Temporary Stay (Docket Entry #39 ) wherein a ninety (90) day stay of this case is requested while the parties explore settlement. The parties, however, have not submitted a signed and completed Notice of Assignment to a United States Magistrate Judge with Consent to Proceed or District Judge Option form, evidencing either their consent to the jurisdiction of the assigned Magistrate Judge or desire to proceed with a reassigned District Judge. Since the final presiding judge should rule upon the requested stay, the parties shall submit a completed Consent/District Judge Option form no later than OCTOBER 14, 2020 after which the Motion to Stay will be considered.(adw, Deputy Clerk)
October 7, 2020 Opinion or Order Filing 40 MINUTE ORDER by Magistrate Judge Kimberly E. West - Defendants' Unopposed Motion for Withdrawal and Substitution of Counsel Following Transfer (Docket Entry #38 ) is hereby GRANTED. Accordingly, Melissa Dorman Matthews and Jordan E. Jarreau are deemed WITHDRAWN from further representation of Defendant in this case, with alternative counsel having entered an appearance.(adw, Deputy Clerk)
October 5, 2020 Filing 39 Joint MOTION for Temporary Stay by Bard Peripheral Vascular, Inc., C R Bard Inc Responses due by 10/19/2020(Griffith, Joseph)
October 5, 2020 Filing 38 Unopposed MOTION to Withdraw Attorney and MOTION for Substitution of Counsel Following Transfer by Bard Peripheral Vascular, Inc., C R Bard Inc Responses due by 10/19/2020(Griffith, Joseph). Added MOTION to Substitute Attorney on 10/6/2020 (dma, Deputy Clerk).
October 2, 2020 Filing 37 ATTORNEY APPEARANCE by Jonathan B. Bass on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc (Bass, Jonathan)
October 2, 2020 Filing 36 ATTORNEY APPEARANCE by Joseph P. Griffith on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc (Griffith, Joseph)
October 2, 2020 Opinion or Order Filing 35 MINUTE ORDER by Magistrate Judge Kimberly E. West granting #32 Motion for Admission Pro Hac Vice of attorney Joseph P. Griffith for Bard Peripheral Vascular, Inc., and C R Bard Inc., provided that local counsel is present at all proceedings, unless otherwise ordered by the Court. This is conditioned on the filing of an entry of appearance and registration for electronic case filing by the applicant within seven (7) days from entry of this Order. See LCvR 83.4 and CM/ECF Administrative Guide of Policies and Procedures. (pjw, Deputy Clerk)
October 2, 2020 Opinion or Order Filing 34 MINUTE ORDER by Magistrate Judge Kimberly E. West granting #31 Motion for Admission Pro Hac Vice of attorney Jonathan B. Bass for Bard Peripheral Vascular, Inc., and C R Bard Inc., provided that local counsel is present at all proceedings, unless otherwise ordered by the Court. This is conditioned on the filing of an entry of appearance and registration for electronic case filing by the applicant within seven (7) days from entry of this Order. See LCvR 83.4 and CM/ECF Administrative Guide of Policies and Procedures. (pjw, Deputy Clerk)
September 18, 2020 Opinion or Order Filing 33 ORDER by Magistrate Judge Kimberly E. West setting Telephonic Scheduling Conference for 10/29/2020 at 10:00 AM in Chambers, Room 430, US Courthouse, 5th & Okmulgee, Muskogee, OK before Magistrate Judge Kimberly E. West. The Court will initiate the conference call. Joint Status Report due by 10/23/2020. (Attachments: #1 Consent/Reassignment Form)(adw, Deputy Clerk)
September 14, 2020 Filing 32 MOTION for Attorney Joseph Griffith to be Admitted Pro Hac Vice (paid $50 filing fee; receipt number AOKEDC-1402817) by Bard Peripheral Vascular, Inc., C R Bard Inc (With attachments) Responses due by 9/28/2020(Buchan, J.)
September 14, 2020 Filing 31 MOTION for Attorney Jonathan Bass to be Admitted Pro Hac Vice (paid $50 filing fee; receipt number AOKEDC-1402812) by Bard Peripheral Vascular, Inc., C R Bard Inc (With attachments) Responses due by 9/28/2020(Buchan, J.)
September 4, 2020 Filing 30 STIPULATION of Dismissal, dismissing McKesson Corporation, by McKesson Corporation (Buchan, J.)
September 4, 2020 Filing 29 ATTORNEY APPEARANCE by J. Craig Buchan on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Buchan, J.)
September 4, 2020 Filing 28 ATTORNEY APPEARANCE by Micah John Petersen on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Petersen, Micah)
September 2, 2020 Filing 27 CASE TRANSFERRED IN from the Texas Northern
August 31, 2020 Opinion or Order Filing 26 MEMORANDUM OPINION AND ORDER grants #24 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 Maydelin Espinoza's case be severed and transferred to the Miami Division of the Southern District of Florida (Civil case 3:20-cv-2725 opened); b. Plaintiff Ana Gomez's case be severed and transferred to the Fort Myers Division of the Middle District of Florida (Civil case 3:20-cv-2726 opened); c. Plaintiff Merrylene Green's case be severed and transferred to the Jacksonville Division of the Middle District of Florida (Civil case 3:20-cv-2727 opened); d. Plaintiff Phillip Grimes's case be severed and transferred to the Louisville Division of the Western District of Kentucky (Civil case 3:20-cv-2728 opened); e. Plaintiff Pamela Hale's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (Civil case 3:20-cv-2729 opened); f. Plaintiff Saladeem Hines's case be severed and transferred to the Manhattan Division of the Southern District of New York (Civil case 3:20-cv-2730 opened); g. Plaintiff Bridgette Ismond's case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil case 3:20-cv-2731 opened); h. Plaintiff Spencer Knowles's case be severed and transferred to the Muskogee Division of the Eastern District of Oklahoma (Civil case 3:20-cv-2732 opened); i. Plaintiff Samantha Mlsna's case be severed and transferred to the Madison Division of the Western District of Wisconsin (Civil case 3:20-cv-2733 opened); j. Plaintiff Kenneth Moore's case be severed and transferred to the Kansas City Division of the District of Kansas (Civil case 3:20-cv-2734 opened); k. Plaintiff Vandlean Mosier's case be severed and transferred to the Sacramento Division of the Eastern District of California (Civil case 3:20-cv-2735 opened); l. Plaintiff Albert Noel's case be severed and transferred to the Eastern District of Louisiana (Civil case 3:20-cv-2736 opened); m. Plaintiff Nancy Prescott's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2737 opened); n. Plaintiff John Reynold's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil case 3:20-cv-2738 opened); o. Plaintiff Eddie Tate's case be severed and transferred to the Chattanooga Division of the Eastern District of Tennessee (Civil case 3:20-cv-2740 opened); p. Plaintiff Melba Wooten's case be severed and transferred to the Waycross Division of the Southern District of Georgia (Civil case 3:20-cv-2741 opened). Plaintiff Vickie Ingram 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) (jmg) [Transferred from txnd on 9/2/2020.]
August 28, 2020 Filing 25 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #24 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Jarreau, Jordan) [Transferred from txnd on 9/2/2020.]
August 27, 2020 Filing 24 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Albert Noel (Schulte, Steven) [Transferred from txnd on 9/2/2020.]
August 14, 2020 Filing 23 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from txnd on 9/2/2020.]
August 6, 2020 Filing 22 Appendix in Support filed by Maydelin Espinosa, Ana Gomez, Merrylene Green, Phillip Grimes, Pamela Hale, Saladeem Hines, Vicke Ingram, Bridgette Ismond, Spencer Knowles, Samantha Mlsna, Kenneth Moore, Vandlean Mosier, Albert Noel, Nancy Prescott, John Reynolds, Eddie Tate, Melba Wooten re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 9/2/2020.]
August 6, 2020 Filing 21 Brief/Memorandum in Support filed by Maydelin Espinosa, Ana Gomez, Merrylene Green, Phillip Grimes, Pamela Hale, Saladeem Hines, Vicke Ingram, Bridgette Ismond, Spencer Knowles, Samantha Mlsna, Kenneth Moore, Vandlean Mosier, Albert Noel, Nancy Prescott, John Reynolds, Eddie Tate, Melba Wooten re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from txnd on 9/2/2020.]
August 6, 2020 Filing 20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Maydelin Espinosa, Ana Gomez, Merrylene Green, Phillip Grimes, Pamela Hale, Saladeem Hines, Vicke Ingram, Bridgette Ismond, Spencer Knowles, Samantha Mlsna, Kenneth Moore, Vandlean Mosier, Albert Noel, Nancy Prescott, John Reynolds, Eddie Tate, Melba Wooten (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/2/2020.]
August 6, 2020 Filing 19 RESPONSE filed by Maydelin Espinosa, Ana Gomez, Merrylene Green, Phillip Grimes, Pamela Hale, Saladeem Hines, Vicke Ingram, Bridgette Ismond, Spencer Knowles, Samantha Mlsna, Kenneth Moore, Vandlean Mosier, Albert Noel, Nancy Prescott, John Reynolds, Eddie Tate, Melba Wooten re: #2 MOTION to Dismiss the Out-Of State Plaintiffs' Claims for Lack of Personal Jurisdiction (Schulte, Steven) [Transferred from txnd on 9/2/2020.]
July 22, 2020 Filing 18 NOTICE of Filing Completed Forms For Each Plaintiff filed by Maydelin Espinosa, Ana Gomez, Merrylene Green, Phillip Grimes, Pamela Hale, Saladeem Hines, Vicke Ingram, Bridgette Ismond, Spencer Knowles, Samantha Mlsna, Kenneth Moore, Vandlean Mosier, Albert Noel, Nancy Prescott, John Reynolds, Eddie Tate, Melba Wooten (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from txnd on 9/2/2020.]
July 22, 2020 Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #16 Order, filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from txnd on 9/2/2020.]
July 16, 2020 Opinion or Order 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 7/22/2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (oyh) [Transferred from txnd on 9/2/2020.]
July 9, 2020 Opinion or Order Filing 15 ORDER: The Court grants the parties' Agreed Motion for Leave to Extend the Time for Plaintiff to File Responses to Defendants' Motions to Dismiss and Defendants' Replies to Those Responses [ECF No. #13 ]. Plaintiffs shall respond to Defendants' Motion to Dismiss by 8/27/2020. Defendants shall file their reply, if any, by 9/26/2020. (Ordered by Judge Karen Gren Scholer on 7/9/2020) (ndt) [Transferred from txnd on 9/2/2020.]
July 9, 2020 Filing 14 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 14 replaced with the flattened document on 7/10/2020) (pnp). [Transferred from txnd on 9/2/2020.]
July 8, 2020 Filing 13 MOTION for Extension of Time to File Response/Reply to #11 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #2 MOTION to Dismiss the Out-Of State Plaintiffs' Claims for Lack of Personal Jurisdiction, #12 Brief/Memorandum in Support of Motion, #3 Brief/Memorandum in Support of Motion filed by Maydelin Espinosa, Ana Gomez, Merrylene Green, Phillip Grimes, Pamela Hale, Saladeem Hines, Vicke Ingram, Bridgette Ismond, Spencer Knowles, Samantha Mlsna, Kenneth Moore, Vandlean Mosier, Albert Noel, Nancy Prescott, John Reynolds, Eddie Tate, Melba Wooten (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from txnd on 9/2/2020.]
July 7, 2020 Filing 12 Brief/Memorandum in Support filed by McKesson Corporation re #11 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from txnd on 9/2/2020.]
July 7, 2020 Filing 11 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from txnd on 9/2/2020.]
July 7, 2020 Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from txnd on 9/2/2020.]
July 7, 2020 Filing 9 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 9/2/2020.]
July 2, 2020 Opinion or Order Filing 8 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 7/2/2020) (oyh) [Transferred from txnd on 9/2/2020.]
July 1, 2020 Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) (Main Document 7 replaced with flattened document on 7/6/2020) (pnp). [Transferred from txnd on 9/2/2020.]
July 1, 2020 Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Matthews, Melissa) (Main Document 6 replaced with flattened document on 7/6/2020) (pnp). [Transferred from txnd on 9/2/2020.]
July 1, 2020 Filing 5 AMENDED DOCUMENT by Bard Peripheral Vascular Inc, C R Bard Inc. Amendment to #1 Notice of Removal,,,,,,,. . (Attachments: #1 Cover Sheet Supplement, #2 Cover Sheet Supplement, #3 Exhibit(s) A - Portion of REACH Agreement, #4 Exhibit(s) B - McKesson Corporation, #5 Exhibit(s) C - 8-30-2016 Romney, Kim Deposition, #6 Exhibit(s) D - Index of State Court Documents, #7 Exhibit(s) D-1 - State Court Docket, #8 Exhibit(s) D-2 - P's Original Petition & Jury Demand, #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 Corporation, #13 Exhibit(s) D-7 - Return of Service - C. R. Bard, Inc., #14 Exhibit(s) D-8 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) (Attachment 1 and 2 replaced with the flattened document on 7/2/2020) (pnp). [Transferred from txnd on 9/2/2020.]
July 1, 2020 Filing 4 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from txnd on 9/2/2020.]
July 1, 2020 Filing 3 Brief/Memorandum in Support filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. re #2 MOTION to Dismiss the Out-Of State Plaintiffs' Claims for Lack of Personal Jurisdiction (Matthews, Melissa) [Transferred from txnd on 9/2/2020.]
July 1, 2020 Filing 2 MOTION to Dismiss the Out-Of State Plaintiffs' Claims for Lack of Personal Jurisdiction filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. (Matthews, Melissa) [Transferred from txnd on 9/2/2020.]
July 1, 2020 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc.. (Filing fee $400; receipt number 0539-10960987) 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 - 8-30-2016 Romney, Kim Deposition, #6 Exhibit(s) D - Index of State Court Documents, #7 Exhibit(s) D-1 - State Court Docket, #8 Exhibit(s) D-2 - P's Orig Petition & Jury Demand, #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 Corporation, #13 Exhibit(s) D-7 - Return of Service - C. R. Bard, Inc., #14 Exhibit(s) D-8 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from txnd on 9/2/2020.]

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Defendant: Does 1-100
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Defendant: McKesson Corporation
Represented By: Jordan E Jarreau
Represented By: Melissa Dorman Matthews
Represented By: J. Craig Buchan
Represented By: Micah John Petersen
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Defendant: C R Bard Inc
Represented By: Jordan E Jarreau
Represented By: Melissa Dorman Matthews
Represented By: Joseph P. Griffith
Represented By: J. Craig Buchan
Represented By: Jonathan B. Bass
Represented By: Micah John Petersen
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Defendant: Bard Peripheral Vascular, Inc.
Represented By: Jordan E Jarreau
Represented By: Melissa Dorman Matthews
Represented By: Joseph P. Griffith
Represented By: J. Craig Buchan
Represented By: Jonathan B. Bass
Represented By: Micah John Petersen
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Plaintiff: Spencer Knowles
Represented By: Darren McDowell
Represented By: Steven Schulte
Represented By: Eric Przybysz
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