FAZIO v. C R BARD et al
| VINCENT FAZIO |
| MCKESSON CORPORATION, C R BARD INC, DOES 1 THROUGH 100, INCLUSIVE and BARD PERIPHERAL VASCULAR, INC. |
| 2:2020cv01282 |
| August 31, 2020 |
| US District Court for the Western District of Pennsylvania |
| Cynthia Reed Eddy |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Filing 36 TEXT ORDER granting #34 Motion to Stay. Upon consideration of the Parties Joint Motion to Stay Proceedings, and upon good cause shown, IT IS HEREBY ORDERED that the Motion is GRANTED, and this matter is stayed and the case administratively closed until 1/4/2021. IT IS FURTHER ORDERED that the parties shall submit a status report on or before 1/4/2021 if the case has not been resolved. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 10/2/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc) |
Filing 35
ORDER approving #33 Stipulation of Dismissal filed by BARD PERIPHERAL VASCULAR, INC., C R BARD INC, MCKESSON CORPORATION. Upon consideration of the Stipulation of Dismissal of Claims Against McKesson Corporation, it is hereby ORDERED that Defendant McKesson Corporation is DISMISSED, WITHOUT PREJUDICE. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 10/1/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc)
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| Filing 34 Joint MOTION to Stay Proceedings and Certificate of Service by BARD PERIPHERAL VASCULAR, INC., C R BARD INC, MCKESSON CORPORATION. (Attachments: #1 Proposed Order) (Pratt, A.) |
| Filing 33 STIPULATION of Dismissal and Certificate of Service by BARD PERIPHERAL VASCULAR, INC., C R BARD INC, MCKESSON CORPORATION. (Attachments: #1 Proposed Order) (Pratt, A.) |
| Filing 32 NOTICE of Appearance by Brian T. Feeney on behalf of BARD PERIPHERAL VASCULAR, INC., C R BARD INC, MCKESSON CORPORATION. (Feeney, Brian) |
| Filing 31 STANDING ORDER ON RULE 12(b) MOTIONS. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 9/15/2020. (cmc) |
| Filing 30 NOTICE of Appearance by A. Michael Pratt on behalf of BARD PERIPHERAL VASCULAR, INC., C R BARD INC, MCKESSON CORPORATION. (Pratt, A.) |
| 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. |
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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)
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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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)
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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)
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| 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) |
| 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). |
| Filing 13 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) |
| Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) |
| 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) |
| Filing 10 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) |
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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)
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| 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). |
| 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). |
| 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). |
| 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). |
| 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) |
| 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) |
| 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) |
| 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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