Beeler v. C R Bard Inc et al
| Theresa Beeler |
| McKesson Corporation, C R Bard Inc, Bard Peripheral Vascular Incorporated and Does 1 through 100 Inclusive |
| 4:2020cv00435 |
| August 28, 2020 |
| US District Court for the Northern District of Oklahoma |
| Tulsa Office |
| Claire V Eagan |
| Frank H McCarthy |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 29, 2020. A more recent docket listing may be available from PACER.
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| Filing 52 MAIL to Darren McDowell Returned - remailed on 9/29/20 to 5473 Blair Road Dallas TX 75231 - new address obtained from Fears Nachawati Law firm Website. (Re: #25 Opinion and Order,,,,,,, ) (jjs, Dpty Clk) |
| Filing 51 MAIL to Darren McDowell Returned - remailed on 9/23/20 to 5473 Blair Road Dallas TX 75231 - new address obtained from Fears Nachawati Law firm Website. (Re: #44 Order,, Ruling on Motion for Admission Pro Hac Vice,,, ) (jjs, Dpty Clk) |
Filing 50
ORDER by Judge Claire V Eagan - Defendants' Unopposed Motion for Withdrawal and Substitution of Counsel Following Transfer (Dkt. # 48) is granted, and Melissa Matthews and Jordan Jarreau of the firm Hartline Barger LLP are terminated as counsel of record. The Court notes that substitute counsel has appeared at Dkt. # 45. The Joint Motion for Temporary Stay (Dkt. # 49) is granted, and this is case is stayed until December 17, 2020. ; terminating attorney Jordan E Jarreau and Melissa Dorman Matthews ; setting/resetting deadline(s)/hearing(s): ( Miscellaneous Deadline set for 12/17/2020); staying case; granting #48 Motion to Withdraw Attorney(s); granting #49 Motion to Stay (Re: #45 Appearance - Attorney, #48 Unopposed MOTION to Withdraw Attorney(s) (Defendants' Unopposed Motion for Withdrawal and Substitution of Counsel Following Transfer), #1 Notice of Removal,,,,,,, #49 Joint MOTION to Stay (Joint Motion for Temporary Stay) ) (RGG, Chambers)
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| Filing 49 Joint MOTION to Stay (Joint Motion for Temporary Stay) by Bard Peripheral Vascular Incorporated, C R Bard Inc (Griffith, Joseph) |
| Filing 48 Unopposed MOTION to Withdraw Attorney(s) (Defendants' Unopposed Motion for Withdrawal and Substitution of Counsel Following Transfer) by Bard Peripheral Vascular Incorporated, C R Bard Inc (Bass, Jonathan) |
| Filing 47 MAIL to Darren McDowell Returned - remailed on 9/18/20 to 5473 Blair Road Dallas TX 75231 - new address obtained from Fears Nachawati Law firm Website. (Re: #29 Letter re: Local Counsel Requirement ) (dlg, Dpty Clk) |
| Filing 46 ATTORNEY APPEARANCE by Jonathan Bass on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc [Note: Attorney Jonathan Bass added to party Bard Peripheral Vascular Incorporated(pty:dft), Attorney Jonathan Bass added to party C R Bard Inc(pty:dft).] (Bass, Jonathan) |
| Filing 45 ATTORNEY APPEARANCE by Joseph Griffith on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc [Note: Attorney Joseph Griffith added to party Bard Peripheral Vascular Incorporated(pty:dft), Attorney Joseph Griffith added to party C R Bard Inc(pty:dft).] (Griffith, Joseph) |
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Filing 44
ORDER by Judge Claire V Eagan that Jonathan Bass and Joseph Griffith are admitted pro hac vice for the limited purpose of representing defendants Bard Peripheral Vascular Incorporated and C.R. Bard, Inc. in this matter. ; granting #42 Motion for Admission Pro Hac Vice; granting #43 Motion for Admission Pro Hac Vice (RGG, Chambers)
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| Filing 43 MOTION for Attorney(s) Joseph Griffith to be Admitted Pro Hac Vice (paid $50 PHV fee; receipt number AOKNDC-2264392) by Bard Peripheral Vascular Incorporated, C R Bard Inc (With attachments) (Buchan, James) |
| Filing 42 MOTION for Attorney(s) Jonathan Bass to be Admitted Pro Hac Vice (paid $50 PHV fee; receipt number AOKNDC-2264349) by Bard Peripheral Vascular Incorporated, C R Bard Inc (With attachments) (Buchan, James) |
| Filing 41 STIPULATION of Dismissal, dismissing McKesson Corporation, by McKesson Corporation (Buchan, James) |
| Filing 40 CORPORATE DISCLOSURE STATEMENT (identifying: Corporate Parent C. R. Bard, Inc., Corporate Parent Becton Dickinson and Company for C R Bard Inc) by C R Bard Inc (Buchan, James) |
| Filing 39 CORPORATE DISCLOSURE STATEMENT (identifying: Corporate Parent C. R. Bard, Inc., Corporate Parent Bard Peripheral Vascular, Inc., Corporate Parent Becton Dickinson and Company for Bard Peripheral Vascular Incorporated) by Bard Peripheral Vascular Incorporated (Buchan, James) |
| Filing 38 CORPORATE DISCLOSURE STATEMENT (identifying: Corporate Parent McKesson Corporation for McKesson Corporation) by McKesson Corporation (Buchan, James) |
| Filing 37 ATTORNEY APPEARANCE by Micah John Petersen on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation [Note: Attorney Micah John Petersen added to party Bard Peripheral Vascular Incorporated(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) |
| Filing 36 ATTORNEY APPEARANCE by James Craig Buchan on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation [Note: Attorney James Craig Buchan added to party Bard Peripheral Vascular Incorporated(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) |
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Filing 35
ORDER by Judge Claire V Eagan , directing parties to file joint status report ( Status Report due by 9/30/2020) (RGG, Chambers)
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Filing 34
MINUTE ORDER by Judge Claire V Eagan - that defendants C R. Bard Inc; Bard Peripheral Vascular Incorporated's motion to dismiss #2 is moot based on the filing of [18, 19, 25]. ; finding as moot #2 Motion to Dismiss for Lack of Jurisdiction (Re: #25 Opinion and Order,,,,,,, #19 , #2 MOTION to Dismiss for Lack of Jurisdiction , #18 Response to Motion, ) (This entry is the Official Order of the Court. No document is attached.) (RGG, Chambers)
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| Filing 33 MINUTE ORDER by Court Clerk , changing case number to 20-cv-435-CVE-FHM (This entry is the Official Order of the Court. No document is attached.) (jjs, Dpty Clk) |
| Filing 32 LETTER re: Local Counsel Requirement sent to Jordan E Jarreau (jjs, Dpty Clk) |
| Filing 31 LETTER re: Local Counsel Requirement sent to Melissa Dorman Matthews (jjs, Dpty Clk) |
| Filing 30 LETTER re: Local Counsel Requirement sent to Steven Scott Schulte (jjs, Dpty Clk) |
| Filing 29 LETTER re: Local Counsel Requirement sent to Darren McDowell (jjs, Dpty Clk) |
| Filing 28 LETTER re: Local Counsel Requirement sent to Eric Martin Przybysz (jjs, Dpty Clk) |
| Filing 27 MINUTE ORDER by Court Clerk , directing C R Bard Inc, Bard Peripheral Vascular Incorporated, 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) |
| Filing 26 CASE TRANSFERRED IN from Texas Northern |
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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 8/28/2020.]
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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 8/28/2020.]
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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 8/28/2020.] |
| 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 8/28/2020.] |
| 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 8/28/2020.] |
| 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 8/28/2020.] |
| 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 8/28/2020.] |
| 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 8/28/2020.] |
| 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 8/28/2020.] |
| 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 8/28/2020.] |
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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 8/28/2020.]
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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 8/28/2020.]
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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 8/28/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from Texas Northern on 8/28/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/28/2020.] |
| 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 8/28/2020.] |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/28/2020.] |
| 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 8/28/2020.] |
| 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 8/28/2020.] |
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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 8/28/2020.]
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| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 8/28/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 8/28/2020.] |
| 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 8/28/2020.] |
| 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 8/28/2020.] |
| 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 8/28/2020.] |
| PETITION/COMPLAINT with Jury Demand filed in State Court against All Defendants by Theresa Beeler (jjs, Dpty Clk) |
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