Hodge v. C R Bard Inc et al
| Keena Hodge |
| Does 1 through 100 Inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular, Inc. |
| 1:2020cv00256 |
| September 4, 2020 |
| US District Court for the Eastern District of Tennessee |
| 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 30, 2020. A more recent docket listing may be available from PACER.
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| Filing 51 MAIL RETURNED as Undeliverable "Not deliverable as addressed." Mail sent to Darren McDowell re #35 Order. (JBR) |
Filing 50
ORDER granting (47) Motion to Substitute Attorney. Attorneys Eric M. Przybysz and Darren McDowell are RELIEVED of their duties as counsel in this matter, and Attorneys Joe P. Leniski, Jr. and Steven S. Schulte are hereby SUBSTITUTED as counsel of record for Defendants. Signed by Magistrate Judge H Bruce Guyton on 10/9/20. (JBR)
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Filing 49
ORDER: Therefore, the Joint Motion to Dismiss [Doc. 47] 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. 2] is DENIED AS MOOT. Signed by District Judge Clifton L Corker on 10/09/2020. (Copy of Order mailed to Eric Martin Przybysz and Darren McDowell) (CAT)
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Filing 48
ORDER granting #45 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 10/08/2020. (This entry constitutes the complete order of the Court.) (JTS)
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| Filing 47 Joint MOTION to Dismiss Plaintiff's Claims Against McKesson Corporation Without Prejudice by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Drinkwater, William) |
| Clerk's Verification of PHV Requirements is complete regarding document: #45 MOTION for Leave to Appear Pro Hac Vice of Steve Schulte ( Filing fee $ 90 receipt number ATNEDC-4510504.) filed by Keena Hodge as to Keena Hodge (KFB) |
| Filing 46 MOTION to Substitute Attorney by Keena Hodge. (Leniski, Joe) |
| Filing 45 MOTION for Leave to Appear Pro Hac Vice of Steve Schulte ( Filing fee $ 90 receipt number ATNEDC-4510504.) by Keena Hodge. (Attachments: #1 Other Certificate of Good Standing - USDC NDTX)(Leniski, Joe) |
| Filing 44 NOTICE of Appearance by Joe P Leniski, Jr on behalf of Keena Hodge (Leniski, Joe) |
| Filing 43 MAIL RETURNED as Undeliverable. re #38 NOTICE of Deficiency (Pro Hac) (BDG) |
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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 38 NOTICE of Deficiency (Pro Hac)-for Attorneys Eric Martin Przybysz, Darren McDowell and Steven Scott Schulte (BJL) |
| Filing 39 MAIL RETURNED as Undeliverable return to sender/unable to forward re Mail sent to Attorney Darren McDowell re (28 in 1:20-cv-00261-DCLC-HBG, 28 in 1:20-cv-00262-DCLC-HBG) NOTICE of Deficiency (Pro Hac), (27 in 1:20-cv-00260-DCLC-HBG, 28 in 1:20-cv-00258-DCLC-HBG, 28 in 1:20-cv-00259-DCLC-HBG, 31 in 1:20-cv-00256-DCLC-HBG) NOTICE of Deficiency (Pro Hac) (BJL) |
| Filing 37 Duplicate entry of #36 Order. Modified on 9/23/2020 (KMK). |
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Filing 36
ORDER granting 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)
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Filing 35
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. 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. Related cases: Create association to 3:19-cv-00358-DCLC-HBG.Signed by Magistrate Judge H Bruce Guyton on 9/22/20. (copy mailed to Eric Martin Przybysz, Darren McDowell and Steven Scott Schulte) (JBR)
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| District Judge Clifton L Corker and Magistrate Judge H Bruce Guyton added. (JBR) |
| Filing 34 MOTION to Substitute Attorney proposed order submitted by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Drinkwater, William) |
| Filing 33 NOTICE of Appearance by William Woods Drinkwater on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Drinkwater, William) |
| Filing 32 NOTICE of Appearance by Shane G Ramsey on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Ramsey, Shane) |
| Filing 31 NOTICE of Deficiency (Pro Hac) (BJL)*Mailed to Attorneys Eric Martin Przybysz, Darren McDowell, Steven Scott Schulte, Melissa Dorman Matthews, and Jordan E Jarreau |
| Filing 30 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02614. |
| Case referred to Magistrate Judge Guyton's chambers for case related determination with other C R Bard cases. (AWS) |
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Filing 29
MEMORANDUM OPINION AND ORDER granting #23 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 Phyllis Bennett's case be severed and transferred to the Binghamton Division of the Northern District of New York (Civil case 3:20-cv-2612-S opened); b. Plaintiff Winifred Dean's case be severed and transferred to the Eastern Division of the Northern District of Illinois (Civil case 3:20-cv-2613-S opened); c. Plaintiff Keena Hodge's case be severed and transferred to the Chattanooga Division of the Eastern District of Tennessee (Civil case 3:20-cv-2614-S opened); d. Plaintiff Loretta Hunter's case be severed and transferred to the Western Division of the Northern District of Alabama (Civil case 3:20-cv-2615-S opened);e. Plaintiff Theresa Kerby's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2616-S opened); f. Plaintiff Richard Lawrence's case be severed and transferred to the Akron Division of the Northern District of Ohio (Civil case 3:20-cv-2617-S opened); g. Plaintiff Maurice Mack's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil case 3:20-cv-2618-S opened); and h. Plaintiff Cindy Oxenreider's case be severed and transferred to the Harrisburg Division of the Middle District of Pennsylvania (Civil case 3:20-cv-2619-S opened). Plaintiff Jose Reyes 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 8/31/2020) (axm) [Transferred from Texas Northern on 9/4/2020.]
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| 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 (Matthews, Melissa) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 27 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Keena Hodge (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
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Filing 26
ORDER: Pursuant to the parties' agreement, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Denise Shimonis's claims against Defendants. The parties shall bear their own costs. Party Denise Shimonis terminated. (Ordered by Judge Karen Gren Scholer on 8/19/2020) (axm) [Transferred from Texas Northern on 9/4/2020.]
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| 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 , #23 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 24 Brief/Memorandum in Support filed by Phyllis Bennett, Winifred Dean, Keena Hodge, Loretta Hunter, Theresa Kerby, Richard Lawrence, Maurice Mack, Cindy Oxenreider, Jose Reyes, Denise Shimonis re #23 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 23 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Phyllis Bennett, Winifred Dean, Keena Hodge, Loretta Hunter, Theresa Kerby, Richard Lawrence, Maurice Mack, Cindy Oxenreider, Jose Reyes, Denise Shimonis (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 22 Appendix in Support filed by Phyllis Bennett, Winifred Dean, Keena Hodge, Loretta Hunter, Theresa Kerby, Richard Lawrence, Maurice Mack, Cindy Oxenreider, Denise Shimonis re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 21 Brief/Memorandum in Support filed by Phyllis Bennett, Winifred Dean, Keena Hodge, Loretta Hunter, Theresa Kerby, Richard Lawrence, Maurice Mack, Cindy Oxenreider, Denise Shimonis re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 20 **DISREGARD - Duplicate filing.** Brief/Memorandum in Support filed by Phyllis Bennett, Winifred Dean, Keena Hodge, Loretta Hunter, Theresa Kerby, Richard Lawrence, Maurice Mack, Cindy Oxenreider, Denise Shimonis re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Attachments: #1 Proposed Order) (Schulte, Steven) Modified on 8/4/2020 (dsr). [Transferred from Texas Northern on 9/4/2020.] |
| Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division filed by Phyllis Bennett, Winifred Dean, Keena Hodge, Loretta Hunter, Theresa Kerby, Richard Lawrence, Maurice Mack, Cindy Oxenreider, Denise Shimonis (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 18 RESPONSE AND OBJECTION filed by Phyllis Bennett, Winifred Dean, Keena Hodge, Loretta Hunter, Theresa Kerby, Richard Lawrence, Maurice Mack, Cindy Oxenreider, Jose Reyes, Denise Shimonis re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Phyllis Bennett, Winifred Dean, Keena Hodge, Loretta Hunter, Theresa Kerby, Richard Lawrence, Maurice Mack, Cindy Oxenreider, Jose Reyes, Denise Shimonis (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| 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) [Transferred from Texas Northern on 9/4/2020.] |
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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) [Transferred from Texas Northern on 9/4/2020.]
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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 9/4/2020.]
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| 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 Phyllis Bennett, Winifred Dean, Keena Hodge, Loretta Hunter, Theresa Kerby, Richard Lawrence, Maurice Mack, Cindy Oxenreider, Jose Reyes, Denise Shimonis (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 10 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 9/4/2020.] |
| 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) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 9/4/2020.] |
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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) [Transferred from Texas Northern on 9/4/2020.]
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| 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. (hml) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Matthews, Melissa) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Matthews, Melissa) [Transferred from Texas Northern on 9/4/2020.] |
| 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) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. (Matthews, Melissa) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10912048) 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, #12 Exhibit(s) D-6 - Citation Issued to McKesson Corp., #13 Exhibit(s) D-7 - Affidavit of Service - McKesson, #14 Exhibit(s) D-8 - Return of Service - C.R.Bard, #15 Exhibit(s) D-9 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from Texas Northern on 9/4/2020.] |
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