Thomas v. C R Bard Inc et al
| Gwendolyn Thomas |
| Bard Peripheral Vascular Incorporated, McKesson Corporation, C R Bard Inc and Does 1 through 100 Inclusive |
| 4:2020cv00443 |
| September 1, 2020 |
| US District Court for the Northern District of Oklahoma |
| Tulsa Office |
| Gregory K Frizzell |
| 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 23, 2020. A more recent docket listing may be available from PACER.
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Filing 55
ORDER by Judge Gregory K Frizzell staying case until 12/22/2020 ; staying case; setting/resetting deadline(s)/hearing(s): if case is not resolved, Joint Status Report due 1/15/2021 ( Status Report due by 1/15/2021); granting #52 Motion to Stay (lah, Chambers)
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Filing 54
ORDER by Judge Gregory K Frizzell ; terminating attorney Jordan E Jarreau and Melissa Dorman Matthews ; granting #51 Motion to Withdraw Attorney(s) (lah, Chambers)
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| Filing 53 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 Minute Order,, Adding/Terminating Attorney(s),, Ruling on Motion for Admission Pro Hac Vice,,, ) (jjs, Dpty Clk) |
| Filing 52 Joint MOTION to Stay (Joint Motion for Temporary Stay) by Bard Peripheral Vascular Incorporated, C R Bard Inc (Griffith, Joseph) |
| Filing 51 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 (Griffith, Joseph) |
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Filing 50
ORDER by Judge Gregory K Frizzell , directing parties to file joint status report ( Status Report due by 10/13/2020) (lah, Chambers)
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Filing 49
MINUTE ORDER by Judge Gregory K Frizzell ; finding as moot #25 Motion to Sever; finding as moot #2 Motion to Dismiss for Lack of Jurisdiction (This entry is the Official Order of the Court. No document is attached.) (lah, Chambers)
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Filing 48
MINUTE ORDER by Judge Gregory K Frizzell terminating referral to Magistrate Judge [Doc. 2 and Doc. 25], terminating motion referral(s) (Re: #25 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #2 MOTION to Dismiss for Lack of Jurisdiction ) (This entry is the Official Order of the Court. No document is attached.) (lah, Chambers)
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| Filing 47 MAIL to Darren McDowell Returned - remailed on 9/14/20 to 5473 Blair Road Dallas TX 75231 - new address obtained from Fears Nachawati Law firm Website.. (Re: #27 Opinion and Order,,,,,,, #34 Letter re: Local Counsel Requirement, 29 Minute Order,,,, Directing Party(ies) to File Corporate Disclosure Statement,,, #31 Letter re: Local Counsel Requirement, 35 Minute Order, Changing Case Number ) (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
MINUTE ORDER by Judge Gregory K Frizzell granting Defendants' motions for admission pro hac vice [Docs. 42 and 43] ; adding attorney Jonathan B Bass,Joseph P Griffith for Bard Peripheral Vascular Incorporated,Jonathan B Bass,Joseph P Griffith for C R Bard Inc ; granting #42 Motion for Admission Pro Hac Vice; granting #43 Motion for Admission Pro Hac Vice (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk)
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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-2263463) 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-2263456) by Bard Peripheral Vascular Incorporated, C R Bard Inc (With attachments) (Buchan, James) |
| Filing 41 CORPORATE DISCLOSURE STATEMENT by McKesson Corporation (Buchan, James) |
| Filing 40 CORPORATE DISCLOSURE STATEMENT (identifying: 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 Becton, Dickinson and Company for Bard Peripheral Vascular Incorporated) by Bard Peripheral Vascular Incorporated (Buchan, James) |
| Filing 38 STIPULATION of Dismissal, dismissing McKesson Corporation, by McKesson Corporation (Buchan, James) |
| Filing 37 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) |
| Filing 36 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 35 MINUTE ORDER by Court Clerk , changing case number to 20-cv-443-GKF-FHM (This entry is the Official Order of the Court. No document is attached.) (jjs, Dpty Clk) |
| Filing 34 LETTER re: Local Counsel Requirement sent to Jordan E Jarreau (jjs, Dpty Clk) |
| Filing 33 LETTER re: Local Counsel Requirement sent to Melissa Dorman Matthews (jjs, Dpty Clk) |
| Filing 32 LETTER re: Local Counsel Requirement sent to Steven Scott Schulte (jjs, Dpty Clk) |
| Filing 31 LETTER re: Local Counsel Requirement sent to Darren McDowell (jjs, Dpty Clk) |
| Filing 30 LETTER re: Local Counsel Requirement sent to Eric Martin Przybysz (jjs, Dpty Clk) |
| Filing 29 MINUTE ORDER by Court Clerk , directing C R Bard Inc, Bard Peripheral Vascular Inc., McKesson 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 28 CASE TRANSFERRED IN from Texas Northern |
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Filing 27
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 Melina Bailey's case be severed and transferred to the Lexington Division of the Eastern District of Kentucky (3:20-cv-2644 case opened); b. Plaintiff Michael Gonzalez's case be severed and transferred to the Tampa Division of the Middle District of Florida (3:20-cv-2645 case opened); c. Plaintiff Tierney Langley's case be severed and transferred to the Northern Division of the District of Maryland (3:20-cv-2646 case opened); d. Plaintiff David Laughter's case be severed and transferred to the Spartanburg Division of the District of South Carolina (3:20-cv-2647 case opened); e. Plaintiff Mickey McAdams's case be severed and transferred to the Augusta Division of the Southern District of Georgia (3:20-cv-2648 case opened); f. Plaintiff Tangle Shealey's case be severed and transferred to the Northern Division of the Middle District of Alabama (3:20-cv-2649 case opened); g. Plaintiff Patricia Summers's case be severed and transferred to the Cleveland Division of the Northern District of Ohio (3:20-cv-2650 case opened); and h. Plaintiff Gwendolyn Thomas's case be severed and transferred to the Northern District of Oklahoma (3:20-cv-2651 case opened). Plaintiff Lesley Enriquez 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 8/31/2020) (mjr) [Transferred from Texas Northern on 9/1/2020.]
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| Filing 26 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #25 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Jarreau, Jordan) [Transferred from Texas Northern on 9/1/2020.] |
| Filing 25 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Mickey McAdams (Schulte, Steven) [Transferred from Texas Northern on 9/1/2020.] |
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Filing 24
ORDER: Pursuant to the parties' agreement, see ECF Nos. #19 , #23 , the Court DISMISSES WITHOUT PREJUDICE Plaintiff Beth Statman's claims against Defendants. The parties shall bear their own costs. All relief not expressly granted is DENIED. (Ordered by Judge Karen Gren Scholer on 8/26/2020) (ctf) [Transferred from Texas Northern on 9/1/2020.]
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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 9/1/2020.] |
| 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 9/1/2020.] |
| Filing 21 Appendix in Support filed by Melina Bailey, Michael Gonzalez, Tierney Langley, David Laughter, Mickey McAdams, Tangle Shealey, Beth Statman, Patricia Summers, Gwendolyn Thomas 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 9/1/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Melina Bailey, Michael Gonzalez, Tierney Langley, David Laughter, Mickey McAdams, Tangle Shealey, Beth Statman, Patricia Summers, Gwendolyn Thomas 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 9/1/2020.] |
| Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by Melina Bailey, Michael Gonzalez, Tierney Langley, David Laughter, Mickey McAdams, Tangle Shealey, Beth Statman, Patricia Summers, Gwendolyn Thomas (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/1/2020.] |
| Filing 18 RESPONSE AND OBJECTION filed by Melina Bailey, Lesley Enriquez, Michael Gonzalez, Tierney Langley, David Laughter, Mickey McAdams, Tangle Shealey, Beth Statman, Patricia Summers, Gwendolyn Thomas re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 9/1/2020.] |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Melina Bailey, Lesley Enriquez, Michael Gonzalez, Tierney Langley, David Laughter, Mickey McAdams, Tangle Shealey, Beth Statman, Patricia Summers, Gwendolyn Thomas (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 9/1/2020.] |
| Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from Texas Northern on 9/1/2020.] |
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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 7/22/2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (oyh) [Transferred from Texas Northern on 9/1/2020.]
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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 9/1/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #8 MOTION to Dismiss for Lack of Jurisdiction , #2 MOTION to Dismiss for Lack of Jurisdiction filed by Melina Bailey, Lesley Enriquez, Michael Gonzalez, Tierney Langley, David Laughter, Mickey McAdams, Tangle Shealey, Beth Statman, Patricia Summers, Gwendolyn Thomas (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/1/2020.] |
| Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from Texas Northern on 9/1/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 9/1/2020.] |
| Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from Texas Northern on 9/1/2020.] |
| Filing 8 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 9/1/2020.] |
| Filing 7 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 9/1/2020.] |
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Filing 12
ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge David C Godbey no longer assigned to case. (Ordered by Judge David C Godbey on 6/17/2020) (axm) [Transferred from Texas Northern on 9/1/2020.]
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| 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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from Texas Northern on 9/1/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 9/1/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 9/1/2020.] |
| 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 9/1/2020.] |
| 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 9/1/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10908922) 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 2020-04-07 Original Petition, #9 Exhibit(s) D-3 2020-04-07 Civil Case Info. Sheet, #10 Exhibit(s) D-4 2020-04-08 Citation Issued - C.R. Bard, #11 Exhibit(s) D-5 2020-04-08 Citation Issued - Bard, #12 Exhibit(s) D-6 2020-04-08 Citation Issued - McKesson, #13 Exhibit(s) D-7 2020-05-06 Return of Service - McKesson, #14 Exhibit(s) D-8 2020-05-22 Return of Service - C.R. Bard, #15 Exhibit(s) D-9 2020-06-04 Return of Service - Bard) (Jarreau, Jordan) [Transferred from Texas Northern on 9/1/2020.] |
| PETITION/COMPLAINT with Jury Demand filed in State Court against All Defendants by Gwendolyn Thomas (jjs, Dpty Clk) |
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