Sullivan v. C R Bard Inc et al
Jimmy Sullivan |
Bard Peripheral Vascular Incorporated, McKesson Corporation, C R Bard Inc and Does 1 through 100 Inclusive |
1:2020cv00247 |
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
This docket was last retrieved on October 15, 2020. A more recent docket listing may be available from PACER.
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Filing 46 ORDER granting #45 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 10/15/20. (JBR) |
Filing 45 MOTION to Withdraw as Attorney Darren McDowell and Eric Przybysz by Jimmy Sullivan. (Attachments: #1 Other Proposed Order on Motion to Withdraw)(Schulte, Steve) |
Filing 44 ORDER: Therefore, the Joint Motion to Dismiss [Doc. #43 ] 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. #8 ] 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 10/09/2020. (AMP) |
Filing 43 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) |
Filing 42 Order Governing Sealing Confidential Information. Signed by District Judge Clifton L Corker on 09/28/2020. (AMP) |
Filing 41 Order Governing Motions To Dismiss. Signed by District Judge Clifton L Corker on 09/28/2020. (AMP) |
Filing 40 Order Governing Depositions. Signed by District Judge Clifton L Corker on 09/28/2020. (AMP) |
Filing 39 ORDER granting #37 Motion to Substitute Attorney. Attorneys Melissa Dorman Matthews and Jordan E. Jarreau are RELIEVED of their duties as counsel in this matter, and Attorneys Woods Drinkwater and Shane G. Ramsey are hereby SUBSTITUTED as counsel of record for Defendants. Signed by Magistrate Judge H Bruce Guyton on 9/23/20. (JBR) |
Filing 38 MAIL RETURNED as Undeliverable to Darren McDowell. Mail sent to Darren McDowell re (27 in 1:20-cv-00243-DCLC-HBG) NOTICE of Deficiency (Pro Hac), (28 in 1:20-cv-00245-DCLC-HBG) NOTICE of Deficiency (Pro Hac), (26 in 1:20-cv-00247-DCLC-HBG) NOTICE of Deficiency (Pro Hac) (SAC) |
Filing 37 MOTION to Substitute Attorney and withdraw from representation by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. (Drinkwater, William) |
Filing 36 SECOND NOTICE of Deficiency (Pro Hac) for Attorneys Attorneys Przybsz, McDowell, Matthews and Jerreau (BJL)*Mailed to Attorneys Attorneys Przybsz, McDowell, Matthews and Jerreau Modified on 9/17/2020 (BJL). |
Filing 35 ORDER granting #34 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 9/14/20. (This entry constitutes the complete Order of the Court.) (CWS) Modified on 9/15/2020 (BJL).*Mailed to Attorney Steven Schulte |
Clerk's Verification of PHV Requirements is complete regarding document: #34 MOTION for Leave to Appear Pro Hac Vice for Steve Schulte ( Filing fee $ 90 receipt number ATNEDC-4478242.) filed by Jimmy Sullivan as to Jimmy Sullivan. (KFB). |
Filing 34 MOTION for Leave to Appear Pro Hac Vice for Steve Schulte ( Filing fee $ 90 receipt number ATNEDC-4478242.) by Jimmy Sullivan. (Attachments: #1 Other Certificate of Good Standing - USDC NDTX)(Leniski, Joe) |
Filing 33 NOTICE of Appearance by Joe P Leniski, Jr on behalf of Jimmy Sullivan (Leniski, Joe) |
Filing 32 NOTICE of Appearance by William Woods Drinkwater on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Drinkwater, William) |
Filing 31 NOTICE of Appearance by Shane G Ramsey on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Ramsey, Shane) |
Filing 30 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) |
District Judge Clifton L Corker and Magistrate Judge H Bruce Guyton added. (ABF) |
Filing 29 NOTICE of Deficiency (Pro Hac) as to attorney Jordan Jarreau. Serviced via US Mail to attorney Jarreau. (KFB) |
Filing 28 NOTICE of Deficiency (Pro Hac) as to attorney Melissa Dorman Matthews. Serviced via US Mail to attorney Matthews. (KFB) |
Filing 27 NOTICE of Deficiency (Pro Hac) as to attorney Steven Scott Schulte. Serviced via US Mail to attorney Schulte. (KFB) Modified on 8/26/2020 (KFB). |
Filing 26 NOTICE of Deficiency (Pro Hac) as to attorney Darren McDowell. Serviced via US Mail to attorney McDowell. (KFB) |
Filing 25 NOTICE of Deficiency (Pro Hac) as to attorney Przybsz. Serviced via US Mail to attorney Przybsz. (KFB) |
Filing 24 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02376. |
Case referred to Judge Guyton for a related case determination to 1:19cv264. (GRE) |
Filing 23 MEMORANDUM OPINION AND ORDER granting #17 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 Edna Barnes's case be severed and transferred to the Jackson Division of the Western District of Tennessee (Civil case 3:20-cv-2370); b. Plaintiff Joland Brown's case be severed and transferred to the New Orleans Division of the Eastern District of Louisiana (Civil case 3:20-cv-2371 opened); c. Plaintiff Kenwann Foster's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil case 3:20-cv-2372 opened); d. Plaintiff Duron Hebron's case be severed and transferred to the Chicago Division of the Northern District of Illinois (Civil case 3:20-cv-2373 opened); e. Plaintiff Tameka McClamy's case be severed and transferred to the Philadelphia Division of the Eastern District of Pennsylvania (Civil case 3:20-cv-2374 opened); f. Plaintiff Elizabeth Olson's case be severed and transferred to the Madison Division of the Western District of Wisconsin (Civil case 3:20-cv-2375 opened); g. Plaintiff Jimmy Sullivan's case be severed and transferred to the Chattanooga Division of the Eastern District of Tennessee (Civil case 3:20-cv-2376 opened); h. Plaintiff Krista Umholtz's case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil case 3:20-cv-2377 opened); i. Plaintiff Lunell Will's case be severed and transferred to the Benton Division of the Southern District of Illinois (Civil case 3:20-cv-2378 opened). Plaintiff Carlos Martinez 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 8/19/2020) (jmg) [Transferred from Texas Northern on 8/26/2020.] |
Filing 22 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/26/2020.] |
Filing 21 NOTICE of Filing Completed Forms for Each Plaintiff re: #20 Order, filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) Exhibit A) (Matthews, Melissa) [Transferred from Texas Northern on 8/26/2020.] |
Filing 20 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 8/10/2020. (Ordered by Judge Karen Gren Scholer on 8/3/2020) (oyh) [Transferred from Texas Northern on 8/26/2020.] |
Filing 19 Appendix in Support filed by Edna Barnes, Joland Brown, Kenwann Foster, Duron Hebron, Carlos Martinez, Tameka McClamy, Elizabeth Olson, Jimmy Sullivan, Krista Umholtz, Lunell Will re #17 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 18 Brief/Memorandum in Support filed by Edna Barnes, Joland Brown, Kenwann Foster, Duron Hebron, Carlos Martinez, Tameka McClamy, Elizabeth Olson, Jimmy Sullivan, Krista Umholtz, Lunell Will re #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.] |
Filing 17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Edna Barnes, Joland Brown, Kenwann Foster, Duron Hebron, Carlos Martinez, Tameka McClamy, Elizabeth Olson, Jimmy Sullivan, Krista Umholtz, Lunell Will (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.] |
Filing 16 RESPONSE filed by Edna Barnes, Joland Brown, Kenwann Foster, Duron Hebron, Carlos Martinez, Tameka McClamy, Elizabeth Olson, Jimmy Sullivan, Krista Umholtz, Lunell Will re: #8 MOTION to Dismiss for Lack of Jurisdiction , #3 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.] |
Filing 15 NOTICE of Filing Completed Forms For Each Plaintiff filed by Edna Barnes, Joland Brown, Kenwann Foster, Duron Hebron, Carlos Martinez, Tameka McClamy, Elizabeth Olson, Jimmy Sullivan, Krista Umholtz, Lunell Will (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.] |
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 8/26/2020.] |
Filing 13 MOTION for Extension of Time to File Response/Reply to #8 MOTION to Dismiss for Lack of Jurisdiction , #3 MOTION to Dismiss for Lack of Jurisdiction filed by Edna Barnes, Joland Brown, Kenwann Foster, Duron Hebron, Carlos Martinez, Tameka McClamy, Elizabeth Olson, Jimmy Sullivan, Krista Umholtz, Lunell Will (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.] |
Filing 12 ELECTRONIC ORDER: Civil action numbers 3:20-CV-1499-X; 3:20-CV-1469-X; 3:20-CV-1566-X; and 3:20-CV-1500-X are hereby transferred to the docket of the Honorable Karen Gren Scholer and shall henceforth carry the suffix letter "S". (Ordered by Judge Brantley Starr on 6/19/2020) (ctf) [Transferred from Texas Northern on 8/26/2020.] |
Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/26/2020.] |
Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from Texas Northern on 8/26/2020.] |
Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from Texas Northern on 8/26/2020.] |
Filing 8 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/26/2020.] |
Filing 7 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from Texas Northern on 8/26/2020.] |
Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 8/26/2020.] |
Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 8/26/2020.] |
Filing 4 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, C R Bard Inc re #3 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [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 (Jarreau, Jordan) [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 Toliver). 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 C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10900935) 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 page, #5 Exhibit(s) C - 8-30-16 Romney, Kim Deposition, #6 Exhibit(s) D Index of State Docs, #7 Exhibit(s) D-1 2020-06-04 State Court Docket, #8 Exhibit(s) D-2 2020-04-06 Original Petition, #9 Exhibit(s) D-3 2020-04-06 Jury Demand, #10 Exhibit(s) D-4 2020-04-06 Citation Issued - Bard Peripheral Vascular Inc., #11 Exhibit(s) D-5 2020-04-06 Citation Issued - C.R. Bard, Inc., #12 Exhibit(s) D-6 2020-04-06 Citiation Issued - McKesson Corp, #13 Exhibit(s) D-7 2020-04-06 Civil Case Info Sheet, #14 Exhibit(s) D-8 2020-05-06 Return of Service - McKesson, #15 Exhibit(s) D-9 2020-05-22 Return of Service - C.R. Bard Inc.) (Jarreau, Jordan) Modified on 6/9/2020 (aaa). [Transferred from Texas Northern on 8/26/2020.] |
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