McClamy v. C R Bard Inc et al
| Tameka McClamy |
| MCKESSON CORPORATION, C R BARD INC, Bard Peripheral Vascular Incorporated and DOES 1 THROUGH 100 INCLUSIVE |
| 2:2020cv04103 |
| August 21, 2020 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| MARK A KEARNEY |
| P.I.: Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 17, 2020. A more recent docket listing may be available from PACER.
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| PLEADING #33 MAILED TO COUNSEL (JL ) |
Filing 33
ORDERED THAT THIS ACTION IS DISMISSED WITH PREJUDICE UNDER AGREEMENT OF COUNSEL AND LOCAL RULE OF CIVIL PROCEDURE 41.1 (B ) AND THE CLERK OF COURT SHALL MARK THIS MATTER CLOSED. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/16/20. 9/16/20 ENTERED AND COPIES E-MAILED. *NOT MAILED TO COUNSEL.(jaa, )
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Filing 32
ORDER THE JOINT MOTION TO STAY #31 IS DENIED WITHOUT PREJUDICE TO BE RENEWED WITH DEMONSTRATED GOOD CAUSE INCLUDING WHY THE ENTRY OF A DISMISSAL ORDER UNDER LOCAL RULE 41.1 WOULD NOT ACCOMPLISH THE SAME OBJECTIVE AS THE REQUESTED STAY BUT NOT AFFECT OUR FED. R. CIV. P. 1 OBLIGATIONS AND FURTHER PROVIDE THE INFORMATION REQUIRED UNDER OUR 8/25/2020 ORDER #29 AND ALL OBLIGATIONS IN OUR 8/25/2020 ORDER #29 REMAIN IN EFFECT AS OUTLINED HEREIN. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/11/2020. 9/11/2020 ENTERED AND COPIES E-MAILED AND NOT MAILED.(ka, )
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| Filing 31 Joint MOTION to Stay filed by Bard Peripheral Vascular Incorporated, C R BARD INC.Certificate of Service. (Attachments: #1 Text of Proposed Order)(SMITH, KEITH) |
| Filing 30 Tameka McClamy STATUS OF ADMISSION, CERTIFICATE OF SERVICE. (JL) |
| DOC. 29 MAILED TO ATTORNEYS WITHOUT EMAIL ADDRESS. (sg, ) |
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Filing 29
ORDER THAT WE DISMISS DEFENDANT MCKESSON CORPORATION WITHOUT PREJUDICE AT THE DIRECTION OF THE PLAINTIFF'S COUNSEL AND WITHOUT OPPOSITION. WE DENY THE MOTIONS TO DISMISS WITHOUT PREJUDICE AS MOOT WITH DEFENDANTS' CONSENT. AN INITIAL PRETRIAL CONFERENCE BY TELEPHONE ON 9/21/20 AT 8:45 A.M.; ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 8/25/20. 8/25/20 ENTERED AND NOT MAILED TO COUNSEL AND E-MAILED.(JL )
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| Filing 28 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY TELEPHONE Conference held on 8/25/20. (JL ) |
| Filing 27 NOTICE of Appearance by KEITH E. SMITH and Withdrawal of JORDAN E. JARREAU on behalf of Bard Peripheral Vascular Incorporated, C R BARD INC, DOES 1 THROUGH 100 INCLUSIVE, MCKESSON CORPORATION with Certificate of Service(SMITH, KEITH) Modified on 8/26/2020 (tjd). |
| Filing 26 NOTICE of Appearance by BRIAN T. FEENEY and Withdrawal of MELISSA DORMAN MATTHEWS on behalf of Bard Peripheral Vascular Incorporated, C R BARD INC, DOES 1 THROUGH 100 INCLUSIVE, MCKESSON CORPORATION with Certificate of Service(FEENEY, BRIAN) Modified on 8/26/2020 (tjd). |
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Filing 25
ORDER A STATUS AND SCHEDULING TELEPHONE CONFERENCE IS SET FOR 8/25/2020 AT 01:00 PM AS OUTLINED HEREIN. SIGNED BY HONORABLE MARK A. KEARNEY ON 8/21/2020. 8/21/2020 ENTERED AND COPIES E-MAILED BY CHAMBERS.(uh, )
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| Filing 24 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02374. Original file certified copy of transfer order and docket sheet received. |
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Filing 23
MEMORANDUM OPINION AND ORDER granting #17 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 Edna Barnes's case be severed and transferred to the Jackson Division of the Western District of Tennessee (Civil case 3:20-cv-2370); b. Plaintiff Joland Brown's case be severed and transferred to the New Orleans Division of the Eastern District of Louisiana (Civil case 3:20-cv-2371 opened); c. Plaintiff Kenwann Foster's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil case 3:20-cv-2372 opened); d. Plaintiff Duron Hebron's case be severed and transferred to the Chicago Division of the Northern District of Illinois (Civil case 3:20-cv-2373 opened); e. Plaintiff Tameka McClamy's case be severed and transferred to the Philadelphia Division of the Eastern District of Pennsylvania (Civil case 3:20-cv-2374 opened); f. Plaintiff Elizabeth Olson's case be severed and transferred to the Madison Division of the Western District of Wisconsin (Civil case 3:20-cv-2375 opened); g. Plaintiff Jimmy Sullivan's case be severed and transferred to the Chattanooga Division of the Eastern District of Tennessee (Civil case 3:20-cv-2376 opened); h. Plaintiff Krista Umholtz's case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil case 3:20-cv-2377 opened); i. Plaintiff Lunell Will's case be severed and transferred to the Benton Division of the Southern District of Illinois (Civil case 3:20-cv-2378 opened). Plaintiff Carlos Martinez 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 8/19/2020) (jmg) [Transferred from Texas Northern on 8/21/2020.]
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| Filing 22 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 21 NOTICE of Filing Completed Forms for Each Plaintiff re: #20 Order, filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) Exhibit A) (Matthews, Melissa) [Transferred from Texas Northern on 8/21/2020.] |
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Filing 20
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 8/10/2020. (Ordered by Judge Karen Gren Scholer on 8/3/2020) (oyh) [Transferred from Texas Northern on 8/21/2020.]
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| Filing 19 Appendix in Support filed by Edna Barnes, Joland Brown, Kenwann Foster, Duron Hebron, Carlos Martinez, Tameka McClamy, Elizabeth Olson, Jimmy Sullivan, Krista Umholtz, Lunell Will re #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 18 Brief/Memorandum in Support filed by Edna Barnes, Joland Brown, Kenwann Foster, Duron Hebron, Carlos Martinez, Tameka McClamy, Elizabeth Olson, Jimmy Sullivan, Krista Umholtz, Lunell Will re #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Edna Barnes, Joland Brown, Kenwann Foster, Duron Hebron, Carlos Martinez, Tameka McClamy, Elizabeth Olson, Jimmy Sullivan, Krista Umholtz, Lunell Will (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 16 RESPONSE filed by Edna Barnes, Joland Brown, Kenwann Foster, Duron Hebron, Carlos Martinez, Tameka McClamy, Elizabeth Olson, Jimmy Sullivan, Krista Umholtz, Lunell Will re: #8 MOTION to Dismiss for Lack of Jurisdiction , #3 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 15 NOTICE of Filing Completed Forms For Each Plaintiff filed by Edna Barnes, Joland Brown, Kenwann Foster, Duron Hebron, Carlos Martinez, Tameka McClamy, Elizabeth Olson, Jimmy Sullivan, Krista Umholtz, Lunell Will (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
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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 8/21/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #8 MOTION to Dismiss for Lack of Jurisdiction , #3 MOTION to Dismiss for Lack of Jurisdiction filed by Edna Barnes, Joland Brown, Kenwann Foster, Duron Hebron, Carlos Martinez, Tameka McClamy, Elizabeth Olson, Jimmy Sullivan, Krista Umholtz, Lunell Will (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
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Filing 12
ELECTRONIC ORDER: Civil action numbers 3:20-CV-1499-X; 3:20-CV-1469-X; 3:20-CV-1566-X; and 3:20-CV-1500-X are hereby transferred to the docket of the Honorable Karen Gren Scholer and shall henceforth carry the suffix letter "S". (Ordered by Judge Brantley Starr on 6/19/2020) (ctf) [Transferred from Texas Northern on 8/21/2020.]
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| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.] |
| 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 8/21/2020.] |
| Filing 8 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.] |
| 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 8/21/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 4 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, C R Bard Inc re #3 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 2 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. (hml) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10900935) 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 2020-06-04 State Court Docket, #8 Exhibit(s) D-2 2020-04-06 Original Petition, #9 Exhibit(s) D-3 2020-04-06 Jury Demand, #10 Exhibit(s) D-4 2020-04-06 Citation Issued - Bard Peripheral Vascular Inc., #11 Exhibit(s) D-5 2020-04-06 Citation Issued - C.R. Bard, Inc., #12 Exhibit(s) D-6 2020-04-06 Citiation Issued - McKesson Corp, #13 Exhibit(s) D-7 2020-04-06 Civil Case Info Sheet, #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 Inc.) (Jarreau, Jordan) Modified on 6/9/2020 (aaa). [Transferred from Texas Northern on 8/21/2020.] |
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