Hughes v. C R Bard Inc et al
| Cynthia Hughes |
| McKesson Corporation, C R Bard Inc, Bard Peripheral Vascular Incorporated and Does 1 through 100 Inclusive |
| 1:2020cv00244 |
| August 26, 2020 |
| US District Court for the Eastern District of Tennessee |
| Chattanooga Office |
| Clifton L Corker |
| H Bruce Guyton |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 9, 2020. A more recent docket listing may be available from PACER.
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Filing 46
ORDER granting #43 Motion to Withdraw as Attorney. Attorneys Darren McDowell and Eric Przybysz are RELIEVED of their duties as counsel in this matter. Signed by Magistrate Judge H Bruce Guyton on 10/9/20. (JBR)
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| Filing 45 ***FILED IN ERROR***NOTICE of Plaintiff's RUle 26(a)(1)Initial Disclosures (BDG) Modified on 10/5/2020 (BDG). |
| Filing 44 MAIL RETURNED as Undeliverable. Mail sent to Darren McDowell (BDG) |
| Filing 43 MOTION to Withdraw as Attorney Darren McDowell and Eric Przybysz by Cynthia Hughes. (Attachments: #1 Other Proposed Order on Motion to Withdraw)(Schulte, Steve) |
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Filing 42
Order Governing Sealing Confidential Information. Signed by District Judge Clifton L Corker on 09/28/2020. (AMP)
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Filing 41
Order Governing Motions To Dismiss. Signed by District Judge Clifton L Corker on 09/28/2020. (AMP)
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Filing 40
Order Governing Depositions. Signed by District Judge Clifton L Corker on 09/28/2020. (AMP)
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Filing 39
ORDER: Therefore, the Joint Motion to Dismiss [Doc. 38] is GRANTED, and this action is hereby DISMISSED WITHOUT PREJUDICE as against Defendant McKesson Corporation pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Accordingly, McKesson Corporation's Motion to Dismiss [Doc. 9] is DENIED AS MOOT. In addition, Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc.'s Motion to Dismiss [Doc. 3] is DENIED AS MOOT. Signed by District Judge Clifton L Corker on 09/25/2020. (AMP)
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| Filing 38 Joint MOTION to Dismiss Plaintiff's Claims Against McKesson Corporation Without Prejudice by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. (Drinkwater, William) |
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Filing 37
ORDER granting #35 Motion to Substitute Attorney. Attorney Jordan E Jarreau and Melissa Dorman Matthews terminated. Signed by Magistrate Judge H Bruce Guyton on 9/17/20. (JBR)
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| Filing 36 NOTICE of Deficiency (Pro Hac) for Attorneys Attorneys Przybysz and McDowell (BJL)*Mailed to Attorneys Attorneys Przybysz and McDowell Modified on 9/18/2020 (BJL). |
| Filing 35 MOTION to Substitute Attorney proposed order submitted by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. (Drinkwater, William) |
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Filing 34
ORDER granting #33 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge H. Bruce Guyton on 9/16/20. (This entry constitutes the complete Order of the Court.) (CWS) Modified on 9/17/2020 (BJL).*Mailed to Attorney Steve Schulte
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| Clerk's Verification of PHV Requirements is complete regarding document: #33 MOTION for Leave to Appear Pro Hac Vice by Steve Schulte ( Filing fee $ 90 receipt number ATNEDC-4481887.) filed by Cynthia Hughes (AML) |
| Filing 33 MOTION for Leave to Appear Pro Hac Vice by Steve Schulte ( Filing fee $ 90 receipt number ATNEDC-4481887.) by Cynthia Hughes. (Attachments: #1 Other Certificate of Good Standing - USDC NDTX)(Leniski, Joe) |
| Filing 32 NOTICE of Appearance by Joe P Leniski, Jr on behalf of Cynthia Hughes (Leniski, Joe) |
| Filing 31 NOTICE of Appearance by William Woods Drinkwater on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Drinkwater, William) |
| Filing 30 NOTICE of Appearance by Shane G Ramsey on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Ramsey, Shane) |
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Filing 29
ORDER: Pursuant to Local Rule 3.2(d)(3), the undersigned finds that the above-captioned cases are related to Wanda Sinard v. C R Bard Incorporated, et al., No. 3:19-CV-358, and all other related cases. The Court finds that these cases arise out of the same transaction or occurrence and involve one or more of the same parties. Therefore, these cases are related. See E.D. Tenn. L.R. 3.2(d)(3)(A)(2). Because the first of these cases was assigned to District Judge Clifton L. Corker and Magistrate Judge H. Bruce Guyton, these cases will also be assigned to District Judge Clifton L. Corker and Magistrate Judge H. Bruce Guyton. However, consolidation is not ordered. Signed by Magistrate Judge H Bruce Guyton on 8/31/20. (ABF)
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| District Judge Clifton L Corker and Magistrate Judge H Bruce Guyton added. (ABF) |
| Filing 28 NOTICE of Deficiency (Pro Hac)as to Melissa Matthews & Jordan Jarreau. PHV Requirements Deadline: 09/14/2020 (AWS) Mailed to Melissa Matthews & Jordan Jarreau. |
| Filing 27 NOTICE of Deficiency (Pro Hac) as to Eric Przybysz, Darren McDowell, & Steven Schulte. PHV Requirements Deadline: 09/14/2020 (AWS) Mailed to Eric Przybysz, Darren McDowell, & Steven Schulte. |
| Filing 26 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02190. |
| Case referred to Magistrate Judge Guyton's chambers for case related determination with other C R Bard cases. (AWS) |
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Filing 25
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 Joseph Abell's case be severed and transferred to the Baltimore Division of the District of Maryland (Civil case 3:20-cv-2182 opened); b. Plaintiff Michael Bell's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil case 3:20-cv-2183 opened); c. Plaintiff Scott German's case be severed and transferred to the Toledo Division of the Northern District of Ohio (Civil case 3:20-cv-2184 opened); d. Plaintiff Marie Leonard's case be severed and transferred to the Raleigh Division of the Eastern District of North Carolina (Civil case 3:20-cv-2185 opened); e. Plaintiff Wilhemenia Lindsey's case be severed and transferred to the Columbus Division of the Southern District of Ohio (Civil case 3:20-cv-2186 opened); f. Plaintiff Annie Walker's case be severed and transferred to the Ann Arbor Division of the Eastern District of Michigan (Civil case 3:20-cv-2187 opened); g. Plaintiff Loreta Windmyer's case be severed and transferred to the Dayton Division of the Southern District of Ohio (Civil case 3:20-cv-2188 opened); h. Plaintiff Cathy Wilburn's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (Civil case 3:20-cv-2189 opened); i. Plaintiff Cynthia Hughes's case be severed and transferred to the Chattanooga Division of the Eastern District of Tennessee (Civil case 3:20-cv-2190 opened). Plaintiff Manuela Gonzalez 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 8/17/2020) (jmg) [Transferred from Texas Northern on 8/26/2020.]
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| Filing 24 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 23 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R 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 8/26/2020.] |
| Filing 22 Appendix in Support filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn 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 8/26/2020.] |
| Filing 21 Brief/Memorandum in Support filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 19 RESPONSE filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn re: #9 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #3 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 18 NOTICE of Filing Completed Forms for Each Plaintiff re: #16 Order, filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.] |
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Filing 16
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) [Transferred from Texas Northern on 8/26/2020.]
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Filing 15
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 8/26/2020.]
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| Filing 14 MOTION for Extension of Time to File Response/Reply to #9 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #3 MOTION to Dismiss for Lack of Jurisdiction filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 13 replaced to flatten image on 6/15/2020) (dsr). [Transferred from Texas Northern on 8/26/2020.] |
| Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 10 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 9 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/26/2020.] |
| 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 6/12/2020) (ykp). [Transferred from Texas Northern on 8/26/2020.] |
| 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 6/12/2020) (ykp). [Transferred from Texas Northern on 8/26/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) (Main Document 6 replaced with flattened document on 6/12/2020) (ykp). [Transferred from Texas Northern on 8/26/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Matthews, Melissa) (Main Document 5 replaced with flattened document on 6/12/2020) (ykp). [Transferred from Texas Northern on 8/26/2020.] |
| 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) [Transferred from Texas Northern on 8/26/2020.] |
| 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) [Transferred from Texas Northern on 8/26/2020.] |
| 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Bard Peripheral Vascular, Inc., Does 1 through 100 inclusive, C. R. Bard, Inc.. (Filing fee $400; receipt number 0539-10896016) 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, #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 - Jury Demand, #11 Exhibit(s) D-5 - Citation Issued to Bard Peripheral Vascular, Inc., #12 Exhibit(s) D-6 - Citation Issued to C.R. Bard, Inc., #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, Inc., #16 Exhibit(s) D-10 - Return of Service - Bard Peripheral) (Matthews, Melissa) [Transferred from Texas Northern on 8/26/2020.] |
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