Schouten v. C R Bard Inc et al
Plaintiff: Joleen Schouten
Defendant: Does 1 through 100 Inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular, Inc.
Case Number: 4:2020cv04123
Filed: August 20, 2020
Court: US District Court for the District of South Dakota
Office: Southern Division Office
Presiding Judge: Lawrence L Piersol
Referring Judge: Karen E Schreier
Nature of Suit: Torts: Personal Injury - Product Liability
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 15, 2020 Opinion or Order Filing 39 ORDER granting #37 Motion for Admission Pro Hac Vice of Attorney Steven S. Schulte for Joleen Schouten. Signed by U.S. District Judge Lawrence L. Piersol on 10/15/20. (SLW)
October 15, 2020 Opinion or Order Filing 38 ORDER for Discovery Report and Scheduling Information. Signed by U.S. District Judge Lawrence L. Piersol on 10/15/20. (Attachments: #1 Letter to counsel)(SLW)
October 14, 2020 Filing 37 MOTION for Attorney Steve Schulte to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3410980) by Joleen Schouten. (Ramsey, Erica)
October 14, 2020 Filing 36 NOTICE of Appearance by Erica A. Ramsey on behalf of Joleen Schouten. (Ramsey, Erica)
October 14, 2020 Filing 35 NOTICE of Appearance by Alexis A. Warner on behalf of McKesson Corporation. (Warner, Alexis)
October 14, 2020 Filing 34 NOTICE of Appearance by William G. Beck on behalf of McKesson Corporation. (Beck, William)
September 11, 2020 Opinion or Order Filing 33 ORDER granting #31 Motion for Admission Pro Hac Vice of Attorney Harrison J. Meyers for Bard Peripheral Vascular, Inc., C R Bard Inc. Signed by U.S. District Judge Lawrence L. Piersol on 9/11/2020. (JLS)
September 11, 2020 Opinion or Order Filing 32 ORDER granting #30 Motion for Admission Pro Hac Vice of Attorney Tyler D. Coombe for Bard Peripheral Vascular, Inc., C R Bard Inc. Signed by U.S. District Judge Lawrence L. Piersol on 9/11/2020. (JLS)
September 10, 2020 Filing 31 MOTION for Attorney Harrison J. Meyers to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3390094) by Bard Peripheral Vascular, Inc., C R Bard Inc. (Warner, Alexis)
September 10, 2020 Filing 30 MOTION for Attorney Tyler D. Coombe to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3390077) by Bard Peripheral Vascular, Inc., C R Bard Inc. (Warner, Alexis)
September 8, 2020 Filing 29 NOTICE of Appearance by William G. Beck on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc. (Beck, William)
September 8, 2020 Filing 28 NOTICE of Appearance by Alexis A. Warner on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc. (Warner, Alexis)
August 24, 2020 Opinion or Order Filing 27 ORDER REASSIGNING CASE. Case reassigned to U.S. District Judge Lawrence L. Piersol for all further proceedings. U.S. District Judge Karen E. Schreier no longer assigned to case. Signed by U.S. District Judge Karen E. Schreier on 8/24/20. (SLW)
August 20, 2020 Filing 26 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02341. Original file certified copy of transfer order and docket sheet received.
August 20, 2020 CLERK'S TEXT LETTER TO NON-ADMITTED ATTORNEY(S) Local Rule 83.2 (E) allows attorneys to appear pro hac vice (PHV) if they associate with local counsel. The rule provides, in relevant part, that '[a]n attorney who is not a member of the bar of this court, but who is a member in good standing of the bar of another United States District Court, may, upon motion and approval by the court, participate in the conduct of a particular case, but such motion may be allowed only if the applicant associates with a member in good standing of the bar of this court as local counsel.' Local counsel must sign and file all documents, and must be present in court during all proceedings unless otherwise ordered. The court's local rules are available on the district court's website located at www.sdd.uscourts.gov.To apply for admission PHV, complete the Motion for Admission PHV form found on our website under 'Local Forms' and submit it to local counsel for electronic filing. The PHV fee is $100. Local counsel may pay the fee electronically by using Pay.gov.Docket sheet emailed to non-resident attorney(s) (SLW)
August 18, 2020 Opinion or Order Filing 25 MEMORANDUM OPINION AND ORDER #21 Unopposed 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 Jessica Magee's case be severed and transferred to the Natchez Division of the Southern District of Mississippi (Civil case 3:20-2334-S opened); b. Plaintiff Sandra Maxwell's case be severed and transferred to the Mobile Division of the Southern District of Alabama (Civil case 3:20-2335-S opened); c. Plaintiff Ernest Mergenthaler's case be severed and transferred to the Santa Ana Division of the Central District of California (Civil case 3:20-2336-S opened); d. Plaintiff Stacey Merrell's case be severed and transferred to the Tulsa Division of the Northern District of Oklahoma (Civil case 3:20-2337-S opened); e. Plaintiff Tanikia Phillips's case be severed and transferred to the Philadelphia Division of the Eastern District of Pennsylvania (Civil case 3:20-2338-S opened); f. Plaintiff Ted Pittman's case be severed and transferred to the London Division of the Eastern District of Kentucky (Civil case 3:20-2339-S opened); g. Plaintiff Darwin Rivers's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil case 3:20-2340-S opened); h. Plaintiff Joleen Schouten's case be severed and transferred to the Sioux Falls Division of the District of South Dakota (Civil case 3:20-2341-S opened); i. Plaintiff Rosa Scott's case be severed and transferred to the Albany Division of the Middle District of Georgia (Civil case 3:20-2360-S opened). Plaintiff Lawrence Schnellman 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 8/18/2020) (axm) [Transferred from Texas Northern on 8/20/2020.]
August 14, 2020 Filing 24 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/20/2020.]
August 12, 2020 Filing 23 Appendix in Support filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott re #21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.]
August 12, 2020 Filing 22 Brief/Memorandum in Support filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott re #21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.]
August 12, 2020 Filing 21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.]
July 31, 2020 Filing 20 Appendix in Support filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott re #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.]
July 31, 2020 Filing 19 Brief/Memorandum in Support filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott re #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.]
July 31, 2020 Filing 18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.]
July 31, 2020 Filing 17 RESPONSE filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott re: #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.]
July 22, 2020 Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.]
July 22, 2020 Filing 15 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from Texas Northern on 8/20/2020.]
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 8/20/2020.]
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 the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by Jessica Magee, Sandra Maxwell, Ernest Mergenthaler, Stacey Merrell, Tanikia Phillips, Ted Pittman, Darwin Rivers, Lawrence Schnellmann, Joleen Schouten, Rosa Scott (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.]
June 17, 2020 Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 12 replaced to flatten image on 6/17/2020) (dsr). [Transferred from Texas Northern on 8/20/2020.]
June 17, 2020 Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.]
June 17, 2020 Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.]
June 17, 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 8/20/2020.]
June 17, 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 8/20/2020.]
June 11, 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 6/11/2020) (svc) [Transferred from Texas Northern on 8/20/2020.]
June 10, 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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from Texas Northern on 8/20/2020.]
June 10, 2020 Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.]
June 10, 2020 Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.]
June 10, 2020 Filing 3 Brief/Memorandum in Support filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. re #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.]
June 10, 2020 Filing 2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.]
June 10, 2020 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10905283) 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 (redacted), #4 Exhibit(s) B - McKesson, #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 Bard Peripheral, #11 Exhibit(s) D-5 Citation Issued C. R. Bard, Inc., #12 Exhibit(s) D-6 Citation Issued McKesson, #13 Exhibit(s) D-7 Status Conference Order, #14 Exhibit(s) D-8 Affidavit of Service McKinnson, #15 Exhibit(s) D-9 Return of Service - C. R. Bard, #16 Exhibit(s) D-10 Status Conference Order, #17 Exhibit(s) D-11 Return of Service - Bard Peripheral) (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.]

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Defendant: Does 1 through 100 Inclusive
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Defendant: McKesson Corporation
Represented By: Alexis A. Warner
Represented By: William G. Beck
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Defendant: C R Bard Inc
Represented By: Harrison J. Meyers
Represented By: Alexis A. Warner
Represented By: Tyler D. Coombe
Represented By: William G. Beck
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Defendant: Bard Peripheral Vascular, Inc.
Represented By: Harrison J. Meyers
Represented By: Alexis A. Warner
Represented By: Tyler D. Coombe
Represented By: William G. Beck
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Plaintiff: Joleen Schouten
Represented By: Steven S. Schulte
Represented By: Erica A. Ramsey
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