Long v. C R Bard Inc et al
| Diana Long |
| MCKESSON CORPORATION, C R BARD INC, Bard Peripheral Vascular Incorporated and DOES 1 THROUGH 100 INCLUSIVE |
| 2:2020cv04302 |
| September 3, 2020 |
| US District Court for the Eastern District of Pennsylvania |
| CHAD F KENNEY |
| P.I.: Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 5, 2020. A more recent docket listing may be available from PACER.
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| DOC. NO. 36 MAILED TO COUNSEL ON 10/5/20. (md, ) |
| MAILED OUT ORDER ENTRY #37 TO COUNSEL ON 9/28/20. (jaa, ) |
Filing 37
ORDER GRANTING #35 MOTION TO STAY PROCEEDINGS FOR 90 DAYS UNTIL 12/23/20.. SIGNED BY HONORABLE CHAD F. KENNEY ON 9/24/20.9/24/20 ENTERED AND COPIES E-MAILED.(va, ) ATTY MCDOWELL NOT MAILED. Modified on 10/10/2020 (md, ).
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Filing 36
ORDER GRANTING #34 MOTION FOR PRO HAC VICE ADMISSION OF STEVEN S. SCHULTE. SIGNED BY HONORABLE CHAD F. KENNEY ON 9/23/20. 9/24/20 ENTERED AND COPIES E-MAILED. ATTY MCDOWELL NOT MAILED. (va, )
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| Filing 35 Joint MOTION to Stay filed by Bard Peripheral Vascular Incorporated, C R BARD INC.Certificate of Service. (Attachments: #1 Text of Proposed Order)(NATALI, JESSICA) |
| Filing 34 MOTION for Pro Hac Vice Admission of Steven S. Schulte ( Filing fee $ 40 receipt number 0313-14585572.) filed by Diana Long.Certificate of Service. (Attachments: #1 Exhibit Certificates of Good Standing)(MANKOFF, JOSHUA) |
| Filing 33 NOTICE of Appearance by JOSHUA M. MANKOFF on behalf of Diana Long with Certificate of Service(MANKOFF, JOSHUA) |
| Filing 32 NOTICE: THE PARTIES MUST FILE FOR ADMISSION PRO HAC VICE WITH ALL APPROPRIATE FILING FEES BY MONDAY, SEPTEMBER 28, 2020. THE PARTIES SHALL ALSO FILE OF RECORD, ON ECF, A BRIEF STATUS REPORT BY THURSDAY, OCTOBER 1, 2020.(va, ) |
| Filing 31 NOTICE of Appearance by JESSICA NATALI and Brian Feeney on behalf of Bard Peripheral Vascular Incorporated, C R BARD INC, MCKESSON CORPORATION, with Certificate of Service; Withdrawal of Melissa Matthews and Jordan Jarreau. (NATALI, JESSICA) Modified on 9/17/2020 (md, ). Modified on 9/17/2020 (md, ). |
| Filing 30 STIPULATION of Dismissal of Claims Against Defendant McKesson Corporation Without Prejudice by Bard Peripheral Vascular Incorporated, C R BARD INC, MCKESSON CORPORATION. (NATALI, JESSICA) |
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Filing 29
ORDER THE UNITED STATES MAGISTRATE JUDGE ASSIGNED TO THE ABOVE-CAPTIONED CASE IS THE HONORABLE JACOB P. HART.. SIGNED BY CLERK OF COURT KATE BARKMAN, CLERK OF COURT ON 9/3/20. 9/4/20 ENTERED AND COPIES E-MAILED. (va, )
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| Filing 28 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02663. Original file certified copy of transfer order and docket sheet received. |
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Filing 27
MEMORANDUM OPINION AND ORDER granting #21 Unopposed 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 Clara Coleman's case be severed and transferred to the Eastern Division of the Northern District of Illinois (Civil case 3:20-cv-2660-S opened); b. Plaintiff Troy Frederick's case be severed and transferred to the Akron Division of the Northern District of Ohio (Civil case 3:20-cv-2661-S opened); c. Plaintiff Debra Griffin's case be severed and transferred to the Northern Division of the Eastern District of Michigan (Civil case 3:20-cv-2662-S opened); d. Plaintiff Diana Long's case be severed and transferred to the Eastern District of Pennsylvania (Civil case 3:20-cv-2663-S opened); e. Plaintiff Debra Matter's case be severed and transferred to the Middle District of Pennsylvania (Civil case 3:20-cv-2664-S opened); f. Plaintiff Frederick Pilger's case be severed and transferred to the Northern Division of the District of Maryland (Civil case 3:20-cv-2665-S opened); g. Plaintiff Lucas Staker's case be severed and transferred to the Southern District of California (Civil case 3:20-cv-2666-S opened); and h. Plaintiff David Tobias's case be severed and transferred to the Cleveland Division of the Northern District of Ohio (Civil case 3:20-cv-2667-S opened). Plaintiff Ruby Byrd 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) (axm) [Transferred from Texas Northern on 9/3/2020.]
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Filing 26
ORDER: Pursuant to the parties' agreement, see ECF Nos. #21 , #25 , the Court DISMISSES WITHOUT PREJUDICE Plaintiff Ana Ayalanieves'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 8/25/2020) (ctf) [Transferred from Texas Northern on 9/3/2020.]
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| Filing 25 Supplemental RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #21 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 9/3/2020.] |
| Filing 24 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #21 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 23 Appendix in Support filed by Ana Ayalanieves, Clara Coleman, Troy Frederick, Debra Griffin, Diana Long, Debra Matter, Frederick Pilger, Lucas Staker, David Tobias re #21 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 22 Brief/Memorandum in Support filed by Ana Ayalanieves, Clara Coleman, Troy Frederick, Debra Griffin, Diana Long, Debra Matter, Frederick Pilger, Lucas Staker, David Tobias re #21 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 21 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by Ana Ayalanieves, Clara Coleman, Troy Frederick, Debra Griffin, Diana Long, Debra Matter, Frederick Pilger, Lucas Staker, David Tobias (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 20 RESPONSE AND OBJECTION filed by Ana Ayalanieves, Ruby Byrd, Clara Coleman, Troy Frederick, Debra Griffin, Diana Long, Debra Matter, Frederick Pilger, Lucas Staker, David Tobias re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 19 ***DISREGARD/FILED IN THE WRONG CASE*** MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by Ana Ayalanieves, Clara Coleman, Troy Frederick, Debra Griffin, Diana Long, Debra Matter, Frederick Pilger, Lucas Staker, David Tobias (Attachments: #1 Proposed Order) (Schulte, Steven) Modified on 8/3/2020 (ykp). [Transferred from Texas Northern on 9/3/2020.] |
| Filing 18 ***DISREGARD/FILED IN THE WRONG CASE***RESPONSE AND OBJECTION filed by Ana Ayalanieves, Ruby Byrd, Clara Coleman, Troy Frederick, Debra Griffin, Diana Long, Debra Matter, Frederick Pilger, Lucas Staker, David Tobias re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) Modified on 8/3/2020 (ykp). [Transferred from Texas Northern on 9/3/2020.] |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Ana Ayalanieves, Ruby Byrd, Clara Coleman, Troy Frederick, Debra Griffin, Diana Long, Debra Matter, Frederick Pilger, Lucas Staker, David Tobias (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| 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 9/3/2020.] |
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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 9/3/2020.]
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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 9/3/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #2 MOTION to Dismiss for Lack of Jurisdiction , #9 MOTION to Dismiss for Lack of Jurisdiction filed by Ana Ayalanieves, Ruby Byrd, Clara Coleman, Troy Frederick, Debra Griffin, Diana Long, Debra Matter, Frederick Pilger, Lucas Staker, David Tobias (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.] |
| 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 9/3/2020.] |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.] |
| 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 9/3/2020.] |
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Filing 7
ORDER: Case reassigned to Judge Karen Gren Scholer for all further proceedings. Chief Judge Barbara M. G. Lynn no longer assigned to case. (Ordered by Chief Judge Barbara M. G. Lynn on 6/12/2020) (ndt) [Transferred from Texas Northern on 9/3/2020.]
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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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 9/3/2020.] |
| 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 9/3/2020.] |
| 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 9/3/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10908285) 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 9/3/2020.] |
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