FAZIO v. C R BARD et al
Plaintiff: VINCENT FAZIO
Defendant: MCKESSON CORPORATION, C R BARD INC, DOES 1 THROUGH 100, INCLUSIVE and BARD PERIPHERAL VASCULAR, INC.
Case Number: 2:2020cv01282
Filed: August 31, 2020
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: Cynthia Reed Eddy
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 31, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 31, 2020 Filing 29 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02485. Original file certified copy of transfer order and docket sheet received.
August 20, 2020 Opinion or Order Filing 28 MEMORANDUM OPINION AND ORDER grants #24 Amended 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 James Duffy's case be severed and transferred to the Wilkes Barre Division of the Middle District of Pennsylvania (Civil case 3:20-cv-2482 opened); b. Plaintiff Dewey Durden's case be severed and transferred to the Huntsville Division of the Middle District of Alabama (Civil case 3:20-cv-2483 opened); c. Plaintiff John DeVal's case be severed and transferred to the Boston Division of the District of Massachusetts (Civil case 3:20-2484 opened); d. Plaintiff Vincent Fazio's case be severed and transferred to the Pittsburgh Division of the Western District of Pennsylvania (Civil case 3:20-cv-2485; e. Plaintiff Deborah Hoyopatubbi's case be severed and transferred to the San Jose Division of the Northern District of California (Civil case 3:20-cv-2486 opened); f. Plaintiff Wesley Marner's case be severed and transferred to the Montgomery Division of the Middle District of Alabama (Civil case 3:20-CV-2487; g. Plaintiff Christopher Richardson's case be severed and transferred to the Memphis Division of the Western District of Tennessee (Civil case 3:20-cv-2488 opened); and h. Plaintiff Tito Vasquez's case be severed and transferred to the Santa Ana Division of the Central District of California (Civil case 3:20-cv-2489 opened). Plaintiff Richard Guidry 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 8/20/2020) (jmg)
August 19, 2020 Opinion or Order Filing 27 ORDER: Pursuant to the parties' agreement, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Jose Solis's claims against Defendants. The parties shall bear their own costs. Party Jose Solis terminated. (Ordered by Judge Karen Gren Scholer on 8/19/2020) (axm)
August 14, 2020 Filing 26 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #24 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa)
August 12, 2020 Filing 25 Brief/Memorandum in Support filed by James Duffy, Dewey Durden, John Duval, Vincent Fazio, Richard Guidry, Deborah Hoyopatubbi, Wesley Marner, Christopher Richardson, Jose Solis, Tito Vasquez re #24 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven)
August 12, 2020 Filing 24 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by James Duffy, Dewey Durden, John Duval, Vincent Fazio, Richard Guidry, Deborah Hoyopatubbi, Wesley Marner, Christopher Richardson, Jose Solis, Tito Vasquez (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven)
July 30, 2020 Filing 23 Appendix in Support filed by James Duffy, Dewey Durden, John Duval, Vincent Fazio, Richard Guidry, Deborah Hoyopatubbi, Wesley Marner, Christopher Richardson, Jose Solis, Tito Vasquez re #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven)
July 30, 2020 Filing 22 Brief/Memorandum in Support filed by James Duffy, Dewey Durden, John Duval, Vincent Fazio, Richard Guidry, Deborah Hoyopatubbi, Wesley Marner, Christopher Richardson, Jose Solis, Tito Vasquez re #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven)
July 30, 2020 Filing 21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by James Duffy, Dewey Durden, John Duval, Vincent Fazio, Richard Guidry, Deborah Hoyopatubbi, Wesley Marner, Christopher Richardson, Jose Solis, Tito Vasquez (Schulte, Steven)
July 30, 2020 Filing 20 RESPONSE filed by James Duffy, Dewey Durden, John Duval, Vincent Fazio, Richard Guidry, Deborah Hoyopatubbi, Wesley Marner, Christopher Richardson, Jose Solis, Tito Vasquez re: #3 MOTION to Dismiss for Lack of Jurisdiction , #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Schulte, Steven)
July 21, 2020 Filing 19 NOTICE of Filling Completed Forms For Each Plaintiff filed by James Duffy, Dewey Durden, John Duval, Vincent Fazio, Richard Guidry, Deborah Hoyopatubbi, Wesley Marner, Christopher Richardson, Jose Solis, Tito Vasquez (Attachments: #1 Affidavit(s)) (Schulte, Steven)
July 21, 2020 Filing 18 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa)
July 16, 2020 Opinion or Order Filing 17 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)
July 1, 2020 Opinion or Order Filing 16 ELECTRONIC ORDER: The Court grants the parties' Agreed Motion for Extension of Time. (Ordered by Judge Karen Gren Scholer on 7/1/2020) (ctf)
June 29, 2020 Filing 15 MOTION for Extension of Time to File Response/Reply to #3 MOTION to Dismiss for Lack of Jurisdiction , #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by James Duffy, Dewey Durden, John Duval, Vincent Fazio, Richard Guidry, Deborah Hoyopatubbi, Wesley Marner, Christopher Richardson, Jose Solis, Tito Vasquez (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven)
June 16, 2020 Filing 14 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 14 replaced to flatten image on 6/16/2020) (dsr).
June 16, 2020 Filing 13 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa)
June 16, 2020 Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa)
June 16, 2020 Filing 11 Brief/Memorandum in Support filed by McKesson Corporation re #10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa)
June 16, 2020 Filing 10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa)
June 12, 2020 Opinion or Order Filing 9 ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge Jane J. Boyle no longer assigned to case. (Ordered by Judge Jane J. Boyle on 6/12/2020) (svc)
June 10, 2020 Filing 8 AMENDED DOCUMENT by Bard Peripheral Vascular Inc. Amendment to #6 Cert. Of Interested Persons/Disclosure Statement. . (Matthews, Melissa) (Main Document 8 replaced with flattened document on 6/11/2020) (awc).
June 10, 2020 Filing 7 AMENDED DOCUMENT by C R Bard Inc. Amendment to #5 Cert. Of Interested Persons/Disclosure Statement. . (Matthews, Melissa) (Main Document 7 replaced with flattened document on 6/11/2020) (awc).
June 10, 2020 Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) (Main Document 6 replaced with flattened document on 6/11/2020) (awc).
June 10, 2020 Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Matthews, Melissa) (Main Document 5 replaced with flattened document on 6/11/2020) (awc).
June 9, 2020 Filing 4 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, C R Bard Inc, Does 1 through 100 Inclusive, McKesson Corporation re #3 MOTION to Dismiss for Lack of Jurisdiction (Matthews, Melissa)
June 9, 2020 Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc, Does 1 through 100 Inclusive, McKesson Corporation (Matthews, Melissa)
June 9, 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (hml)
June 9, 2020 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Does 1 through 100 Inclusive, C. R. Bard, Inc., McKesson Corporation, Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10899477) 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 of State Court Documents, #7 Exhibit(s) D-1 - State Court Docket Sheet, #8 Exhibit(s) D-2 - Plaintiff's Original Petition, #9 Exhibit(s) D-3 - Civil Case Info Sheet, #10 Exhibit(s) D-4 - Jury Demand, #11 Exhibit(s) D-5 - Citation Issued to Bard Peripheral Vascular, Ing., #12 Exhibit(s) D-6 - Citation Issued to C.R. Bard, #13 Exhibit(s) D-7 - Citation Issued to McKesson Corp, #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)

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Defendant: MCKESSON CORPORATION
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
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Defendant: C R BARD INC
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
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Defendant: DOES 1 THROUGH 100, INCLUSIVE
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Defendant: BARD PERIPHERAL VASCULAR, INC.
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
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Plaintiff: VINCENT FAZIO
Represented By: Darren McDowell
Represented By: Eric Martin Przybysz
Represented By: Steven Scott Schulte
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