Montgomery v. CR Bard Inc et al
Plaintiff: Deloris Montgomery
Defendant: CR Bard Inc, Does 1 through 100, McKesson Corporation and Bard Peripheral Vascular Inc
Case Number: 4:2020cv02999
Filed: August 19, 2020
Court: US District Court for the District of South Carolina
Presiding Judge: J Michelle Childs
Referring Judge: Sherri A Lydon
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 Filing 39 TEXT ORDER granting #36 Motion to Stay. Signed by Honorable J Michelle Childs on 9/10/2020.(asni, )
September 9, 2020 Filing 38 TEXT ORDER granting #37 Motion to Appear Pro Hac Vice. Signed by Honorable J Michelle Childs on 9/9/2020.(asni, )
September 9, 2020 Filing 37 Consent MOTION to Appear Pro Hac Vice by Steven S. Shulte for Plaintiff ( Filing fee $ 350 receipt number 0420-9330729) by Deloris Montgomery. Response to Motion due by 9/23/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Verified Application for PHV Admission, #2 Proposed Order Proposed Order for PHV Admission)No proposed order.(Rutkoski, Jamie)
September 8, 2020 Filing 36 Joint MOTION to Stay Discovery and All Pretrial Deadlines by Bard Peripheral Vascular Inc, CR Bard Inc. Response to Motion due by 9/22/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Connor, Andrew)
September 4, 2020 Filing 35 Case Reassigned to Judge Honorable J Michelle Childs. Judge Honorable Sherri A Lydon no longer assigned to the case. (glev, )
September 2, 2020 Filing 34 DELETION OF DOCKET ENTRY NUMBER 34-36 Reason: out of state counsel must be added pro hac. motions to withdraw are not necessary. (asni, )
August 31, 2020 Filing 32 STIPULATION of Dismissal Without Prejudice by McKesson Corporation. (Connor, Andrew)
August 28, 2020 Filing 31 Local Rule 26.01 Answers to Interrogatories by Bard Peripheral Vascular Inc, CR Bard Inc.(Connor, Andrew)
August 28, 2020 Filing 30 Plaintiffs' Answers to Local Rule 26.01 Answers to Interrogatories by Deloris Montgomery.(Rutkoski, Jamie)
August 28, 2020 Filing 29 NOTICE of Appearance by Jamie Rae Rutkoski on behalf of Deloris Montgomery (Rutkoski, Jamie)
August 21, 2020 Filing 28 NOTICE of Appearance by Andrew Marvin Connor on behalf of Bard Peripheral Vascular Inc, CR Bard Inc, McKesson Corporation (Connor, Andrew)
August 21, 2020 Filing 27 NOTICE OF TRANSFER. (lgib, ) (Main Document 27 replaced on 8/24/2020 to correct signature) (lgib, ).
August 21, 2020 Filing 26 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02264. Original file certified copy of transfer order and docket sheet received.
August 18, 2020 Opinion or Order Filing 25 MEMORANDUM OPINION AND ORDER granting #20 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 Carissa Douglas's case be severed and transferred to the Oakland Division of the Northern District of California (Civil case 3:20-cv-2259-S opened); b. Plaintiff Veletta Gardner's case be severed and transferred to the West Palm Beach Division of the Southern District of Florida (Civil case 3:20-cv-2260-S opened); c. Plaintiff Arnetha Henderson's case be severed and transferred to the Bay City Division of the Eastern District of Michigan (Civil case 3:20-cv-2261-S opened); d. Plaintiff Robert Linnar's case be severed and transferred to the Southern Division of the Central District of California (Civil case 3:20-cv-2262-S opened); e. Plaintiff Betty McCoy' s case be severed and transferred to the Baltimore Division of the District of Maryland (Civil case 3:20-cv-2263-S opened); f. Plaintiff Deloris Montgomery's case be severed and transferred to the Florence Division of the District of South Carolina (Civil case 3:20-cv-2264-S opened); g. Plaintiff Sheila Preissler's case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil case 3:20-cv-2265-S opened); h. Plaintiff Pamela Rowland's case be severed and transferred to the Little Rock Division of the Eastern District of Arkansas (Civil case 3:20-cv-2266-S opened). Plaintiff Colette Eason 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 8/18/2020) (axm) [Transferred from Texas Northern on 8/21/2020.]
August 14, 2020 Filing 24 RESPONSE filed by Bard Peripheral Vascular Inc, CR Bard Inc re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/21/2020.]
July 31, 2020 Filing 23 RESPONSE filed by Bard Peripheral Vascular Inc, CR Bard Inc, McKesson Corporation re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/21/2020.]
July 29, 2020 Filing 22 Appendix in Support filed by Richard Barbour, Carissa Douglas, Colette Eason, Veletta Gardner, Arnetha Henderson, Robert Linnar, Betty McCoy, Deloris Montgomery, Sheila Preissler, Pamela Rowland re #20 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.]
July 29, 2020 Filing 21 Brief/Memorandum in Support filed by Richard Barbour, Carissa Douglas, Colette Eason, Veletta Gardner, Arnetha Henderson, Robert Linnar, Betty McCoy, Deloris Montgomery, Sheila Preissler, Pamela Rowland re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.]
July 29, 2020 Filing 20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Richard Barbour, Carissa Douglas, Colette Eason, Veletta Gardner, Arnetha Henderson, Robert Linnar, Betty McCoy, Deloris Montgomery, Sheila Preissler, Pamela Rowland (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.]
July 29, 2020 Filing 19 RESPONSE filed by Richard Barbour, Carissa Douglas, Colette Eason, Veletta Gardner, Arnetha Henderson, Robert Linnar, Betty McCoy, Deloris Montgomery, Sheila Preissler, Pamela Rowland re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.]
July 22, 2020 Filing 18 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Inc, CR Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) [Transferred from Texas Northern on 8/21/2020.]
July 22, 2020 Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff re: #16 Notice (Other), filed by Richard Barbour, Carissa Douglas, Colette Eason, Veletta Gardner, Arnetha Henderson, Robert Linnar, Betty McCoy, Deloris Montgomery, Sheila Preissler, Pamela Rowland (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.]
July 22, 2020 Filing 16 NOTICE of Filing Completed Forms For Each Plaintiff filed by Richard Barbour, Carissa Douglas, Colette Eason, Veletta Gardner, Arnetha Henderson, Robert Linnar, Betty McCoy, Deloris Montgomery, Sheila Preissler, Pamela Rowland (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.]
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 7/22/2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (mla) [Transferred from Texas Northern on 8/21/2020.]
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) [Transferred from Texas Northern on 8/21/2020.]
June 29, 2020 Filing 13 MOTION for Extension of Time to File Response/Reply to #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction filed by Richard Barbour, Carissa Douglas, Colette Eason, Veletta Gardner, Arnetha Henderson, Robert Linnar, Betty McCoy, Deloris Montgomery, Sheila Preissler, Pamela Rowland (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.]
June 15, 2020 Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, CR Bard Inc (Junek, Jessica) [Transferred from Texas Northern on 8/21/2020.]
June 15, 2020 Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from Texas Northern on 8/21/2020.]
June 15, 2020 Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 10 replaced with the flattened document on 6/17/2020) (pnp). [Transferred from Texas Northern on 8/21/2020.]
June 15, 2020 Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Junek, Jessica) [Transferred from Texas Northern on 8/21/2020.]
June 15, 2020 Filing 8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by McKesson Corporation Attorney Jessica Junek added to party McKesson Corporation(pty:dft) (Junek, Jessica) [Transferred from Texas Northern on 8/21/2020.]
June 10, 2020 Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Junek, Jessica) (Main Document 7 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/21/2020.]
June 10, 2020 Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CR Bard Inc. (Junek, Jessica) (Main Document 6 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/21/2020.]
June 9, 2020 Opinion or Order Filing 5 ORDER REASSIGNING CASE. The above-referenced matter is transferred to the docket of the Honorable Judge Karen Gren Scholer, who has a related case. All future pleadings shall be filed under case number 3:20-CV-1480-S. Judge David C Godbey no longer assigned to case. (Ordered by Judge David C Godbey on 6/9/2020) (twd) [Transferred from Texas Northern on 8/21/2020.]
June 8, 2020 Filing 4 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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from Texas Northern on 8/21/2020.]
June 8, 2020 Filing 3 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, CR Bard Inc, re #2 MOTION to Dismiss for Lack of Jurisdiction (Matthews, Melissa) Modified Docket Text on 6/9/2020 (oyh). [Transferred from Texas Northern on 8/21/2020.]
June 8, 2020 Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, CR Bard Inc (Matthews, Melissa) Modified Docket Text on 6/9/2020 (oyh). [Transferred from Texas Northern on 8/21/2020.]
June 8, 2020 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by CR Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10897473) 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 Corporation, #13 Exhibit(s) D-7 - Notice of Initial Dismissal Hearing, #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, #17 Exhibit(s) D-11 - Notice of Initial Dismissal Hearing) (Matthews, Melissa) Modified Docket Text on 6/9/2020 (oyh). [Transferred from Texas Northern on 8/21/2020.]

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Search for this case: Montgomery v. CR Bard Inc et al
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Plaintiff: Deloris Montgomery
Represented By: Steven Scott Schulte
Represented By: Eric Martin Przybysz
Represented By: Darren McDowell
Represented By: Jamie Rae Rutkoski
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Defendant: CR Bard Inc
Represented By: Jessica Junek
Represented By: Melissa Dorman Matthews
Represented By: Andrew Marvin Connor
Represented By: Jordan E Jarreau
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Defendant: Does 1 through 100
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Defendant: McKesson Corporation
Represented By: Jessica Junek
Represented By: Melissa Dorman Matthews
Represented By: Andrew Marvin Connor
Represented By: Jordan E Jarreau
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Defendant: Bard Peripheral Vascular Inc
Represented By: Jessica Junek
Represented By: Melissa Dorman Matthews
Represented By: Andrew Marvin Connor
Represented By: Jordan E Jarreau
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