Merrell v. C R Bard Inc et al
Plaintiff: Stacey Merrell
Defendant: Does 1 through 100 Inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular, Inc.
Case Number: 4:2020cv00419
Filed: August 20, 2020
Court: US District Court for the Northern District of Oklahoma
Office: Tulsa Office
Presiding Judge: John F Heil
Referring Judge: Jodi F Jayne
2 Judge: Frank H McCarthy
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 September 22, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 22, 2020 Opinion or Order Filing 53 MINUTE ORDER by Judge John F Heil, III : granting defendants' motion to withdraw attorney ; terminating attorney Melissa Dorman Matthews; Jordan E Jarreau and Jessica Junek ; granting #50 Motion to Withdraw Attorney(s) (This entry is the Official Order of the Court. No document is attached.) (pll, Dpty Clk)
September 22, 2020 Opinion or Order Filing 52 MINUTE ORDER by Judge John F Heil, III : Granting the joint motion to stay ; staying case; setting/resetting deadline(s)/hearing(s): The parties are directed to file a status report re: settlement ( Status Report due by 12/22/2020); granting #51 Motion to Stay (This entry is the Official Order of the Court. No document is attached.) (pll, Dpty Clk)
September 21, 2020 Filing 51 Joint MOTION to Stay (Joint Motion for Temporary Stay) by Bard Peripheral Vascular, Inc., C R Bard Inc (Griffith, Joseph)
September 21, 2020 Filing 50 Unopposed MOTION to Withdraw Attorney(s) (Defendants' Unopposed Motion for Withdrawal and Substitution of Counsel Following Transfer) by Bard Peripheral Vascular, Inc., C R Bard Inc (Griffith, Joseph)
September 9, 2020 Filing 49 ATTORNEY APPEARANCE by Joseph Griffith on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc [Note: Attorney Joseph Griffith added to party Bard Peripheral Vascular, Inc.(pty:dft), Attorney Joseph Griffith added to party C R Bard Inc(pty:dft).] (Griffith, Joseph)
September 2, 2020 Filing 48 ATTORNEY APPEARANCE by Jonathan Bass on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc [Note: Attorney Jonathan Bass added to party Bard Peripheral Vascular, Inc.(pty:dft), Attorney Jonathan Bass added to party C R Bard Inc(pty:dft).] (Bass, Jonathan)
September 2, 2020 Opinion or Order Filing 47 MINUTE ORDER by Judge John F Heil, III : Granting the motions for admission pro hac vice as to Jonathan Bass and Joseph Griffith. Local counsel is directed to advise them of the requirements of Local Rule 83.4 and the need to register as a CM/ECF user in this Court ; granting #45 Motion for Admission Pro Hac Vice; granting #46 Motion for Admission Pro Hac Vice (This entry is the Official Order of the Court. No document is attached.) (pll, Dpty Clk)
September 1, 2020 Filing 46 MOTION for Attorney(s) Joseph P. Griffith to be Admitted Pro Hac Vice (paid $50 PHV fee; receipt number AOKNDC-2258905) by Bard Peripheral Vascular, Inc., C R Bard Inc (With attachments) (Buchan, James)
September 1, 2020 Filing 45 MOTION for Attorney(s) Jonathan B. Bass to be Admitted Pro Hac Vice (paid $50 PHV fee; receipt number AOKNDC-2258901) by Bard Peripheral Vascular, Inc., C R Bard Inc, Does 1 through 100 Inclusive, McKesson Corporation (With attachments) (Buchan, James)
August 28, 2020 Opinion or Order Filing 44 MINUTE ORDER by Judge John F Heil, III : Following the stipulation of dismissal as to defendant McKesson, defendant's motion to dismiss is moot ; finding as moot #8 Motion to Dismiss (This entry is the Official Order of the Court. No document is attached.) (pll, Dpty Clk)
August 28, 2020 Opinion or Order Filing 43 MINUTE ORDER by Judge John F Heil, III : Following the transfer of this case from the Northern District of Texas, defendants' motion to dismiss is moot ; finding as moot #2 Motion to Dismiss (This entry is the Official Order of the Court. No document is attached.) (pll, Dpty Clk)
August 27, 2020 Filing 42 CORPORATE DISCLOSURE STATEMENT by McKesson Corporation (Buchan, James)
August 27, 2020 Filing 41 CORPORATE DISCLOSURE STATEMENT (identifying: Corporate Parent Becton, Dickinson and Company for C R Bard Inc) by C R Bard Inc (Buchan, James)
August 27, 2020 Filing 40 CORPORATE DISCLOSURE STATEMENT (identifying: Corporate Parent C. R. Bard, Inc., Corporate Parent Becton, Dickinson for Bard Peripheral Vascular, Inc.) by Bard Peripheral Vascular, Inc. (Buchan, James)
August 27, 2020 Filing 39 STIPULATION of Dismissal, dismissing McKesson Corporation, by Bard Peripheral Vascular, Inc., C R Bard Inc (Buchan, James)
August 27, 2020 Filing 38 MINUTE ORDER by Court Clerk, changing case number to 20-cv-419-JHF-FHM, reassigning case to Magistrate Judge Frank H McCarthy, Magistrate Judge Jodi F Jayne no longer assigned to case (This entry is the Official Order of the Court. No document is attached.) (sdc, Dpty Clk)
August 26, 2020 Filing 37 ATTORNEY APPEARANCE by Micah John Petersen on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation [Note: Attorney Micah John Petersen added to party Bard Peripheral Vascular, Inc.(pty:dft), Attorney Micah John Petersen added to party C R Bard Inc(pty:dft), Attorney Micah John Petersen added to party McKesson Corporation(pty:dft).] (Petersen, Micah)
August 26, 2020 Filing 36 ATTORNEY APPEARANCE by James Craig Buchan on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation [Note: Attorney James Craig Buchan added to party Bard Peripheral Vascular, Inc.(pty:dft), Attorney James Craig Buchan added to party C R Bard Inc(pty:dft), Attorney James Craig Buchan added to party McKesson Corporation(pty:dft).] (Buchan, James)
August 20, 2020 Filing 35 MINUTE ORDER by Court Clerk , changing case number to 20-cv-419-JFH-JFJ (This entry is the Official Order of the Court. No document is attached.) (jjs, Dpty Clk)
August 20, 2020 Filing 34 changing case number to 20-cv-419-JFH-JFJ (jjs, Dpty Clk) Modified on 8/20/2020 - ENTERED IN ERROR - wrong event used - refiled as Dkt. #35 (jjs, Dpty Clk).
August 20, 2020 Filing 33 LETTER re: Local Counsel Requirement sent to Jessica Junek (jjs, Dpty Clk)
August 20, 2020 Filing 32 LETTER re: Local Counsel Requirement sent to Jordan E Jarreau (jjs, Dpty Clk)
August 20, 2020 Filing 31 LETTER re: Local Counsel Requirement sent to Melissa Dorman Matthews (jjs, Dpty Clk)
August 20, 2020 Filing 30 LETTER re: Local Counsel Requirement sent to Steven Scott Schulte (jjs, Dpty Clk)
August 20, 2020 Filing 29 LETTER re: Local Counsel Requirement sent to Darren McDowell (jjs, Dpty Clk)
August 20, 2020 Filing 28 LETTER re: Local Counsel Requirement sent to Eric Martin Przybysz (jjs, Dpty Clk)
August 20, 2020 Filing 27 MINUTE ORDER by Court Clerk , directing Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation to file a Corporate Disclosure Statement pursuant to FRCvP 7.1 within seven (7) days of this order, if they have not already done so. The parties shall use the form entitled Corporate Disclosure Statement available on the Courts website (please do not refile if already filed on non-court form unless directed to do so). If you have already filed your Corporate Disclosure Statement in this case, you are reminded to file a Supplemental Corporate Disclosure Statement within a reasonable time of any change in the information that the statement requires. (This entry is the Official Order of the Court. No document is attached.) (jjs, Dpty Clk)
August 20, 2020 Filing 26 CASE TRANSFERRED IN from Texas Northern
August 18, 2020 Opinion or Order Filing 25 MEMORANDUM OPINION AND ORDER #21 Unopposed 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 Jessica Magee's case be severed and transferred to the Natchez Division of the Southern District of Mississippi (Civil case 3:20-2334-S opened); b. Plaintiff Sandra Maxwell's case be severed and transferred to the Mobile Division of the Southern District of Alabama (Civil case 3:20-2335-S opened); c. Plaintiff Ernest Mergenthaler's case be severed and transferred to the Santa Ana Division of the Central District of California (Civil case 3:20-2336-S opened); d. Plaintiff Stacey Merrell's case be severed and transferred to the Tulsa Division of the Northern District of Oklahoma (Civil case 3:20-2337-S opened); e. Plaintiff Tanikia Phillips's case be severed and transferred to the Philadelphia Division of the Eastern District of Pennsylvania (Civil case 3:20-2338-S opened); f. Plaintiff Ted Pittman's case be severed and transferred to the London Division of the Eastern District of Kentucky (Civil case 3:20-2339-S opened); g. Plaintiff Darwin Rivers's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil case 3:20-2340-S opened); h. Plaintiff Joleen Schouten's case be severed and transferred to the Sioux Falls Division of the District of South Dakota (Civil case 3:20-2341-S opened); i. Plaintiff Rosa Scott's case be severed and transferred to the Albany Division of the Middle District of Georgia (Civil case 3:20-2360-S opened). Plaintiff Lawrence Schnellman 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 8/18/2020) (axm) [Transferred from Texas Northern on 8/20/2020.]
August 14, 2020 Filing 24 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/20/2020.]
August 12, 2020 Filing 23 Appendix in Support filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott re #21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.]
August 12, 2020 Filing 22 Brief/Memorandum in Support filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott re #21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.]
August 12, 2020 Filing 21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.]
July 31, 2020 Filing 20 Appendix in Support filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott re #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.]
July 31, 2020 Filing 19 Brief/Memorandum in Support filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott re #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.]
July 31, 2020 Filing 18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.]
July 31, 2020 Filing 17 RESPONSE filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott re: #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.]
July 22, 2020 Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.]
July 22, 2020 Filing 15 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from Texas Northern on 8/20/2020.]
July 1, 2020 Opinion or Order 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 8/20/2020.]
June 29, 2020 Filing 13 MOTION for Extension of Time to File Response/Reply to #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.]
June 17, 2020 Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 12 replaced to flatten image on 6/17/2020) (dsr). [Transferred from Texas Northern on 8/20/2020.]
June 17, 2020 Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.]
June 17, 2020 Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.]
June 17, 2020 Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.]
June 17, 2020 Filing 8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by McKesson Corporation Attorney Jessica Junek added to party McKesson Corporation(pty:dft) (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.]
June 11, 2020 Opinion or Order 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 6/11/2020) (svc) [Transferred from Texas Northern on 8/20/2020.]
June 10, 2020 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. (oyh) [Transferred from Texas Northern on 8/20/2020.]
June 10, 2020 Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.]
June 10, 2020 Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.]
June 10, 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 (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.]
June 10, 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. (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.]
June 10, 2020 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10905283) 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, #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 Bard Peripheral, #11 Exhibit(s) D-5 Citation Issued C. R. Bard, Inc., #12 Exhibit(s) D-6 Citation Issued McKesson, #13 Exhibit(s) D-7 Status Conference Order, #14 Exhibit(s) D-8 Affidavit of Service McKinnson, #15 Exhibit(s) D-9 Return of Service - C. R. Bard, #16 Exhibit(s) D-10 Status Conference Order, #17 Exhibit(s) D-11 Return of Service - Bard Peripheral) (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.]
April 7, 2020 PETITION/COMPLAINT with Jury Demand filed in State Court against All Defendants by Stacey Merrell (jjs, Dpty Clk)

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Defendant: Does 1 through 100 Inclusive
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Defendant: McKesson Corporation
Represented By: Jessica Junek
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: James Craig Buchan
Represented By: Micah John Petersen
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Defendant: C R Bard Inc
Represented By: Jessica Junek
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: Joseph Griffith
Represented By: Jonathan Bass
Represented By: James Craig Buchan
Represented By: Micah John Petersen
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Defendant: Bard Peripheral Vascular, Inc.
Represented By: Jessica Junek
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: Joseph Griffith
Represented By: Jonathan Bass
Represented By: James Craig Buchan
Represented By: Micah John Petersen
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Plaintiff: Stacey Merrell
Represented By: Steven Scott Schulte
Represented By: Eric Martin Przybysz
Represented By: Darren McDowell
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