Frierson et al v. C R Bard Inc et al
| Robert Frierson |
| Does 1 through 100 Inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular, Inc. |
| 1:2020cv00261 |
| 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
RSS Track this Docket
This docket was last retrieved on October 21, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 47
ORDER granting #44 Motion to Withdraw as Attorney. Attorney Darren McDowell and Eric Martin Przybysz terminated. Signed by Magistrate Judge H Bruce Guyton on 10/21/20. (ABF)
|
|
Filing 46
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 10/20/20. (This entry constitutes the complete Order of the Court.) (CWS)
|
| Clerk's Verification of PHV Requirements is complete regarding document: #45 MOTION for Leave to Appear Pro Hac Vice of Steve Schulte filed by Robert Frierson. (AWS) |
| Filing 45 MOTION for Leave to Appear Pro Hac Vice of Steve Schulte ( Filing fee $ 90 receipt number BTNEDC-4522998.) by Robert Frierson. (Attachments: #1 Other Certificate of Good Standing - USDC NDTX)(Leniski, Joe) |
| Filing 44 MOTION to Withdraw as Attorney by Robert Frierson. (Leniski, Joe) |
| Filing 43 NOTICE of Appearance by Joe P Leniski, Jr on behalf of Robert Frierson (Leniski, Joe) |
| Filing 42 MAIL RETURNED as Undeliverable. Mail sent to Darren McDowell re #39 NOTICE of Deficiency (Pro Hac). Noted "not deliverable as addressed" and no forwarding information provided. (AML) |
|
Filing 41
ORDER: Therefore, the Joint Motion to Dismiss [Doc. 40] 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)
|
| Filing 40 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) |
| Filing 39 2ND NOTICE of Deficiency (Pro Hac) as to Eric Przybysz and Darren McDowell. PHV Requirements Deadline 10/19/2020. (AWS) Mailed to Eric Przybysz and Darren McDowell. |
|
Filing 38
Order Governing Sealing Confidential Information. Signed by District Judge Clifton L Corker on 09/28/2020. (AMP)
|
|
Filing 37
Order Governing Motions To Dismiss. Signed by District Judge Clifton L Corker on 09/28/2020. (AMP)
|
|
Filing 36
Order Governing Depositions. Signed by District Judge Clifton L Corker on 09/28/2020. (AMP)
|
| Filing 35 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 34 Duplicate entry of #33 order. Modified on 9/23/2020 (KMK). |
|
Filing 33
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)
|
|
Filing 32
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)
|
| District Judge Clifton L Corker and Magistrate Judge H Bruce Guyton added. (JBR) |
| Filing 31 MOTION to Substitute Attorney proposed order submitted by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Drinkwater, William) |
| Filing 30 NOTICE of Appearance by William Woods Drinkwater on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Drinkwater, William) |
| Filing 29 NOTICE of Appearance by Shane G Ramsey on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Ramsey, Shane) |
| Filing 28 NOTICE of Deficiency (Pro Hac) as to Attorneys Darren McDowell, Eric Przybysz, Jordan Jarreau, Melissa Matthews, and Steven Schulte. (GRE) |
| Filing 27 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02669. |
| Case referred to Judge Guyton for a related case determination. (GRE) |
|
Filing 26
MEMORANDUM OPINION AND ORDER granting #19 Unopposed Motion to Sever and Transfer Venue of Out-of-State Plaintiffs' Cases. The Court directs the Clerk of Court to sever and transfer this action as follows: a. Plaintiff Yuri Arkadyey's case be severed and transferred to the Eastern District of Pennsylvania (Civil case 3:20-cv-2668-S opened);b. Plaintiff Robert Frierson's case be severed and transferred to the Southern Division of the Eastern District of Tennessee (Civil case 3:20-cv-2669-S opened);c. Plaintiff Charles Goods's case be severed and transferred to the Greenville Division of the Eastern District of Tennessee (Civil case 3:20-cv-2670-S opened); d. Plaintiff Patricia Harris's case be severed and transferred to the Western District of North Carolina (Civil case 3:20-cv-2671-S opened); e. Plaintiff Barbara Martin's case be severed and transferred to the Florence Division of the District of South Carolina (Civil case 3:20-cv-2672-S opened); f. Plaintiff Britney Rawlings's case be severed and transferred to the Utica Division of the Northern District of New York (Civil case 3:20-cv-2673-S opened); and g. Plaintiff Leah Shrum's case be severed and transferred to the Southern Division of the Eastern District of Tennessee (Civil case 3:20-cv-2674-S opened).Plaintiff Norma Spencer 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 8/31/2020) (axm) [Transferred from Texas Northern on 9/4/2020.]
|
|
Filing 25
ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Sharon Mathews's claims against Defendants. The parties shall bear their own costs. Party Sharon Mathews terminated. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (axm) [Transferred from Texas Northern on 9/4/2020.]
|
|
Filing 24
ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Raelene Savage's claims against Defendants. The parties shall bear their own costs Party Raelene Savage terminated. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (axm) [Transferred from Texas Northern on 9/4/2020.]
|
| Filing 23 Supplemental RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) Modified title on 8/25/2020 (awc). [Transferred from Texas Northern on 9/4/2020.] |
| Filing 22 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 21 Appendix in Support filed by Yuri Arkadyev, Robert Frierson, Charles Goods, Patricia Harris, Barbara Martin, Sharon Mathews, Britney Rawlings, Raelene Savage, Leah Shrum, Norma Spencer re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Yuri Arkadyev, Robert Frierson, Charles Goods, Patricia Harris, Barbara Martin, Sharon Mathews, Britney Rawlings, Raelene Savage, Leah Shrum, Norma Spencer re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Yuri Arkadyev, Robert Frierson, Charles Goods, Patricia Harris, Barbara Martin, Sharon Mathews, Britney Rawlings, Raelene Savage, Leah Shrum, Norma Spencer (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 18 RESPONSE filed by Yuri Arkadyev, Robert Frierson, Charles Goods, Patricia Harris, Barbara Martin, Sharon Mathews, Britney Rawlings, Raelene Savage, Leah Shrum, Norma Spencer re: #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #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 Yuri Arkadyev, Robert Frierson, Charles Goods, Patricia Harris, Barbara Martin, Sharon Mathews, Britney Rawlings, Raelene Savage, Leah Shrum, Norma Spencer (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 filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) [Transferred from Texas Northern on 9/4/2020.] |
|
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.]
|
|
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.]
|
| Filing 13 Agreed MOTION to Extend Time Resp/Reply filed by Yuri Arkadyev, Robert Frierson, Charles Goods, Patricia Harris, Barbara Martin, Sharon Mathews, Britney Rawlings, Raelene Savage, Leah Shrum, Norma Spencer (Attachments: #1 Proposed Order) (Przybysz, Eric) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 12 replaced with flattened document on 6/18/2020) (awc). [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.] |
|
Filing 7
ORDER: Case reassigned to Judge Karen Gren Scholer for all further proceedings. Chief Judge Barbara M. G. Lynn no longer assigned to case. (Ordered by Chief Judge Barbara M. G. Lynn on 6/12/2020) (ndt) [Transferred from Texas Northern on 9/4/2020.]
|
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc identifying Corporate Parent/Other Affiliate Becton, Dickinson and Company for C R Bard Inc. (Matthews, Melissa) Modified corporate parent on 6/12/2020 (mla). [Transferred from Texas Northern on 9/4/2020.] |
| 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (hml) [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 0539-10903925) 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 - 08-30-16 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 - Plaintiff's 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.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Tennessee Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
