MYERS v. C R BARD INC et al
Plaintiff: SHIRLEY MYERS
Defendant: C R BARD INC, MCKESSON CORPORATION, DOES 1 THROUGH 100, INCLUSIVE and BARD PERIPHERAL VASCULAR, INC.
Case Number: 2:2020cv01347
Filed: September 10, 2020
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: Robert J Colville
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 10, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 10, 2020 Opinion or Order Filing 34 ORDER indicating that this matter having been transferred to this Court, it is hereby ordered that the parties shall file a Joint Status Report regarding this case, including advising of the status of the pending Motions to Dismiss (Document Nos. #2 and #8 ), by no later than 9/24/20. Signed by Judge Robert J. Colville on 9/10/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
September 10, 2020 Filing 33 AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this. This document has a security setting of "Case Participants Only," so only those individuals will have access to view the document. (jg)
September 10, 2020 Opinion or Order Filing 32 ORDER RE: Rule 12(b) Motions (details more fully stated in said Order). Signed by Judge Robert J. Colville on 9/10/20. (jg)
September 10, 2020 Filing 31 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (jg)
September 10, 2020 Filing 30 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02764. Original file certified copy of transfer order and docket sheet received.
September 2, 2020 Opinion or Order Filing 29 MEMORANDUM OPINION AND ORDER granting #22 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 Charles Arnett's case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil case 3:20-cv-2758 opened); b. Plaintiff Hazle Chase's case be severed and transferred to the Eastern District of Louisiana (Civil case 3:20-cv-2759 opened); c. Plaintiff Patrick Fitzgerald's case be severed and transferred to the Central Division of the Eastern District of Arkansas (Civil case 3:20-cv-2760 opened); d. Plaintiff Tammy Harper's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2761 opened); e. Plaintiff Aaron Leatherwood's case be severed and transferred to the Columbus Division of the Middle District of Georgia (Civil case 3:20-cv-2762 opened); f. Plaintiff Kenny McPherson's case be severed and transferred to the Owensboro Division of the Western District of Kentucky (Civil case 3:20-cv-2763 opened); g. Plaintiff Shirley Myers's case be severed and transferred to the Pittsburgh Division of the Western District of Pennsylvania (Civil case 3:20-cv-2764 opened); and h. Plaintiff Jacqueline Rembert's case be severed and transferred to the Eastern Division of the Northern District of Ohio (Civil case 3:20-cv-2765 opened). Plaintiff Marisela Ramos 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 9/2/2020) (jmg)
September 1, 2020 Filing 28 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division , #27 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Jarreau, Jordan)
September 1, 2020 Filing 27 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Patrick Fitzgerald (Schulte, Steven)
August 19, 2020 Opinion or Order Filing 26 Order: Pursuant to the parties' agreement, see ECF Nos. 22, 25, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Roderick Harper'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 8/19/2020) (ykp)
August 14, 2020 Filing 25 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division , #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa)
August 13, 2020 Filing 24 Appendix in Support filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Marisela Ramos, Jacqueline Rembert re #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven)
August 13, 2020 Filing 23 Brief/Memorandum in Support filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Marisela Ramos, Jacqueline Rembert re #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven)
August 13, 2020 Filing 22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Marisela Ramos, Jacqueline Rembert (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven)
August 3, 2020 Filing 21 Appendix in Support filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Jacqueline Rembert re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven)
August 3, 2020 Filing 20 Brief/Memorandum in Support filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Jacqueline Rembert re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven)
August 3, 2020 Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Jacqueline Rembert (Attachments: #1 Proposed Order) (Schulte, Steven)
August 3, 2020 Filing 18 RESPONSE AND OBJECTION filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Marisela Ramos, Jacqueline Rembert re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven)
July 22, 2020 Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Marisela Ramos, Jacqueline Rembert (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven)
July 22, 2020 Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa)
July 16, 2020 Opinion or Order 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)
July 1, 2020 Opinion or Order 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)
June 29, 2020 Filing 13 MOTION for Extension of Time to File Response/Reply to #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Marisela Ramos, Jacqueline Rembert (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven)
June 19, 2020 Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa)
June 19, 2020 Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa)
June 19, 2020 Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa)
June 19, 2020 Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa)
June 19, 2020 Filing 8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa)
June 15, 2020 Opinion or Order Filing 7 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 6/15/2020) (svc)
June 12, 2020 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (hml)
June 12, 2020 Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa)
June 12, 2020 Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Matthews, Melissa)
June 12, 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 (Matthews, Melissa)
June 12, 2020 Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa)
June 12, 2020 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10911038) 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 - 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 Corp., #13 Exhibit(s) D-7 - Jury Demand, #14 Exhibit(s) D-8 - Notice of Dismissal Hearing, #15 Exhibit(s) D-9 - Affidavit of Service - McKesson, #16 Exhibit(s) D-10 - Return of Service - C.R. Bard, #17 Exhibit(s) D-11 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa)

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Plaintiff: SHIRLEY MYERS
Represented By: Darren McDowell
Represented By: Eric Martin Przybysz
Represented By: Steven Scott Schulte
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Defendant: C R BARD INC
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
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Defendant: MCKESSON CORPORATION
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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