Eckenrod v. C R Bard Inc et al
| Stacy Eckenrod |
| Does 1 through 100 inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular, Inc. |
| 1:2020cv01499 |
| August 21, 2020 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Yvette Kane |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 13, 2020. A more recent docket listing may be available from PACER.
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Filing 36
ORDER - AND NOW, on this 13th day of October 2020, upon consideration of the parties joint motion for a 90-day stay of these proceedings (Doc. No. 34), and upon good cause shown,1 IT IS ORDERED THAT: (1) the parties motion for a stay of these proceedings (Doc. No. #34 ) is GRANTED; (2) the above-captioned action is STAYED for 90 days; and (3) the parties shall submit a written joint status report no later than 15 days prior to the stays termination, informing the Court as to status of their settlement negotiations.Signed by Honorable Yvette Kane on 10/13/20. (dmn)
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Filing 35
Order - AND NOW, on this 24th day of September, 2020, upon consideration of the Stipulation of Dismissal of Claims Against McKesson Corporation #33 , it is hereby ORDERED that Defendant McKesson Corporation is DISMISSED, WITHOUT PREJUDICE. Signed by Honorable Yvette Kane on 9/24/20. (dmn)
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| Filing 34 Joint MOTION to Stay by Bard Peripheral Vascular, Inc., C R Bard Inc. (Attachments: #1 Proposed Order)(Holmes, Caleb) |
| Filing 33 STIPULATION of Dismissal without Prejudice by McKesson Corporation. (Attachments: #1 Proposed Order)(Holmes, Caleb) |
| Filing 32 Letter to Counsel re: Case Assignment and Procedures.Signed by Honorable Yvette Kane on 9/10/20. (dmn) |
| Filing 31 ATTORNEY SUBSTITUTION - Withdrawal and Entry of Attorney Appearance. Attorney Jordan E Jarreau terminated. Attorney Caleb J. Holmes,Keith E. Smith for McKesson Corporation added. (Holmes, Caleb) |
| Filing 30 ATTORNEY SUBSTITUTION - Withdrawal and Entry of Attorney Appearance. Attorney Jordan E Jarreau and Melissa Dorman Matthews terminated. Attorney Caleb J. Holmes,Keith E. Smith for Bard Peripheral Vascular, Inc.,Caleb J. Holmes,Keith E. Smith for C R Bard Inc added. (Holmes, Caleb) |
| Filing 29 REPLY BRIEF, RE: MOTION #25 to Dismiss for Lack of Jurisdiction, MOTION #27 to Dismiss filed by Stacy Eckenrod.(rw) |
| Filing 28 BRIEF IN SUPPORT, RE: MOTION #27 to Dismiss filed by Bard Peripheral Vascular, Inc., C R Bard Inc.(rw) |
| Filing 27 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation.(rw) |
| Filing 26 BRIEF IN SUPPORT, re: MOTION #25 to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular, Inc., C R Bard Inc.(rw) |
| Filing 25 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc.(rw) |
| Filing 24 Case transferred electronically in from District of Texas Northern; Case Number 3:20-cv-02382 containing electronic documents. |
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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 Stacy Eckenrod's case be severed and transferred to the Harrisburg Division of the Middle District of Pennsylvania (Civil case 3:20-cv-2382 opened); b. Plaintiff Ashley Hartman-Massey's case be severed and transferred to the Plano Division of the Eastern District of Texas (Civil case 3-20-cv-2383 opened); c. Plaintiff Toni Hines's case be severed and transferred to the Pittsburgh Division of the Western District of Texas (Civil case 3:20-cv-2384 opened); d. Plaintiff Marlene McBride's case be severed and transferred to the District of Columbia (Civil case 3:20-cv-2385 opened); e. Plaintiff Karen McKay's case be severed and transferred to the Las Vegas Division of the District Court of Nevada (Civil case 3:20-cv-2386 opened); f. Plaintiff Michael Rael's case be severed and transferred to the Lubbock Division of the Northern District of Texas (Civil case 3:20-cv-2387 opened); g. Plaintiff Denise Rowe's case be severed and transferred to the Manassas Division of the Eastern District of Virginia (Civil case 3:20-cv-2388 opened); h. Plaintiff Robert Stuebs's case be severed and transferred to the Kansas City Division of the District of Kansas (Civil case 3:20-cv-2389 oepned); i. Plaintiff Terry Walley's case be severed and transferred to the Wilmington Division of the District of Delaware (Civil case 3:20-cv-2390 opened). Plaintiff Eric Ramirez 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 Inc, 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 Inc, 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 Stacy Eckenrod, Ashley Hartman-Massey, Toni Hines, Marlene McBride, Karen McKay, Michael Rael, Eric Ramirez, Denise Rowe, Robert Stuebs, Terry Walley 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 Stacy Eckenrod, Ashley Hartman-Massey, Toni Hines, Marlene McBride, Karen McKay, Michael Rael, Eric Ramirez, Denise Rowe, Robert Stuebs, Terry Walley 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 Stacy Eckenrod, Ashley Hartman-Massey, Toni Hines, Marlene McBride, Karen McKay, Michael Rael, Eric Ramirez, Denise Rowe, Robert Stuebs, Terry Walley (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 16 RESPONSE filed by Stacy Eckenrod, Ashley Hartman-Massey, Toni Hines, Marlene McBride, Karen McKay, Michael Rael, Eric Ramirez, Denise Rowe, Robert Stuebs, Terry Walley re: #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter 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 Stacy Eckenrod, Ashley Hartman-Massey, Toni Hines, Marlene McBride, Karen McKay, Michael Rael, Eric Ramirez, Denise Rowe, Robert Stuebs, Terry Walley (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (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 #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #3 MOTION to Dismiss for Lack of Jurisdiction filed by Stacy Eckenrod, Ashley Hartman-Massey, Toni Hines, Marlene McBride, Karen McKay, Michael Rael, Eric Ramirez, Denise Rowe, Robert Stuebs, Terry Walley (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 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 11 replaced with the document flattened on 6/17/2020) (pnp). [Transferred from Texas Northern on 8/21/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 9 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 8 Brief/Memorandum in Support filed by McKesson Corporation re #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/21/2020.] Modified on 8/21/2020 (rw). |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) [Transferred from Texas Northern on 8/21/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc identifying Corporate Parent/Other Affiliate Becton, Dickinson and Company for C R Bard Inc. (Matthews, Melissa) Modified corporate parent on 6/11/2020 (mla). (Main Document 5 replaced with flattened document on 6/11/2020) (awc). [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 (Matthews, Melissa) [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 (Matthews, Melissa) [Transferred from Texas Northern on 8/21/2020.] Modified on 8/21/2020 (rw). |
| 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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (oyh) [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 0539-10900958) 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, #4 Exhibit(s) B - McKesson Corporation, #5 Exhibit(s) C - 8-30-16 Romney, Kim Deposition, #6 Exhibit(s) D - Index to 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 to Bard Peripheral Vascular, Inc., #11 Exhibit(s) D-5 - Citation Issued to C.R. Bard, Inc., #12 Exhibit(s) D-6 - Citation Issued to McKesson, #13 Exhibit(s) D-7 - Jury Demand, #14 Exhibit(s) D-8 - Affidavit of Service - McKesson, #15 Exhibit(s) D-9 - Return of Service - C.R.Bard, #16 Exhibit(s) D-10 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from Texas Northern on 8/21/2020.] |
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