Blevins v. C R Bard Inc et al
| Morgan Blevins |
| Does 1 through 100 Inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular, Inc. |
| 1:2020cv00262 |
| 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 9, 2020. A more recent docket listing may be available from PACER.
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Filing 40
ORDER: Therefore, the Joint Motion to Dismiss [Doc. 39] 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 39 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) |
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Filing 38
Order Governing Sealing Confidential Information. Signed by District Judge Clifton L Corker on 09/28/2020. (AMP)
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Filing 37
Order Governing Motions To Dismiss. Signed by District Judge Clifton L Corker on 09/28/2020. (AMP)
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Filing 36
Order Governing Depositions. Signed by District Judge Clifton L Corker on 09/28/2020. (AMP)
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| 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). |
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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)
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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)
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| 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-02709. |
| Case referred to Judge Guyton for a related case determination. (GRE) |
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Filing 26
Memorandum Opinion and Order Grants #20 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 James Arrowood's case be severed and transferred to the San Antonio Division of the Western District of Texas (3:20-cv-2708 case opened); b. Plaintiff Morgan Blevins's case be severed and transferred to the Chattanooga Division of the Eastern District of Tennessee (3:20-cv-2709 case opened); c. Plaintiff Jerry Comer's case be severed and transferred to the Eastern Division of the Western District of Tennessee (3:20-cv-2710 case opened); d. Plaintiff Michael Curry's case be severed and transferred to the Philadelphia Division of the Eastern District of Pennsylvania (3:20-cv-2711 case opened); e. Plaintiff Charlotte Dorsey's case be severed and transferred to the Northern Division of the District of Maryland (3:20-cv-2712 case opened); f. Plaintiff LaVerne Hazley's case be severed and transferred to the Alexandria Division of the Eastern District of Virginia (3:20-cv-2713 case opened); g. Plaintiff Gina Hill's case be severed and transferred to the Northern Division of the Middle District of Alabama (3:20-cv-2714 case opened); h. Plaintiff Steve Hoffman's case be severed and transferred to the Florence Division of the District of South Carolina (3:20-cv-2715 case opend); i. Plaintiff Kanitha Jones's case be severed and transferred to the Western Division of the Western District of Tennessee (3:20-cv-2716 case opened); j. Plaintiff Paulette Leaphart's case be severed and transferred to the Newport News Division of the Eastern District of Virginia (3:20-cv-2717 case opened); k. Plaintiff Gertha McKenna's case be severed and transferred to the Pittsburgh Division of the Western District of Pennsylvania (3:20-cv-2718 case opened); l. Plaintiff Prince Scott Williams's case be severed and transferred to the Tampa Division of the Middle District of Florida (3:20-cv-2719 case opened); m. Plaintiff Verrell Wyman's case be severed and transferred to the Tampa Division of the Middle District of Florida (3:20-cv-2720 case opened); n. Plaintiff Richard Yohn's case be severed and transferred to the Boston Division of the District of Massachusetts (3:20-cv-2721 case opened); o. Plaintiff Nathan Young's case be severed and transferred to the Chicago Division of the Northern District of Illinois (3:20-cv-2722); p. Plaintiff Karon Zulewski's case be severed and transferred to the Southern Division of the Eastern District of Michigan (3:20-cv-2723 case opened); q. Plaintiff Scott Zuzek's case be severed and transferred to the Wilkes Barre Division of the Middle District of Pennsylvania (3:20-cv-2724 case opened). Plaintiff Danny Wheeler 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) (mjr) [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: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #24 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 24 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Paulette Leaphart (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 23 RESPONSE filed by Bard Peripheral Vascular Inc, 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 9/4/2020.] |
| Filing 22 Appendix in Support filed by James Arrowood, Morgan Blevins, Jerry Comer, Michael Curry, Charlotte Dorsey, Laverne Hazley, Gina Hill, Steven Hoffman, Kanitha Jones, Paulette Leaphart, Gertha McKenna, Danny Wheeler, Scott Wilson, Verrell Wyman, Richard Yohn, Nathan Young, Karon Zulewski, Scott Zuzek re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 21 Brief/Memorandum in Support filed by James Arrowood, Morgan Blevins, Jerry Comer, Michael Curry, Charlotte Dorsey, Laverne Hazley, Gina Hill, Steven Hoffman, Kanitha Jones, Paulette Leaphart, Gertha McKenna, Danny Wheeler, Scott Wilson, Verrell Wyman, Richard Yohn, Nathan Young, Karon Zulewski, Scott Zuzek re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by James Arrowood, Morgan Blevins, Jerry Comer, Michael Curry, Charlotte Dorsey, Laverne Hazley, Gina Hill, Steven Hoffman, Kanitha Jones, Paulette Leaphart, Gertha McKenna, Danny Wheeler, Scott Wilson, Verrell Wyman, Richard Yohn, Nathan Young, Karon Zulewski, Scott Zuzek (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 19 RESPONSE filed by James Arrowood, Morgan Blevins, Jerry Comer, Michael Curry, Charlotte Dorsey, Laverne Hazley, Gina Hill, Steven Hoffman, Kanitha Jones, Paulette Leaphart, Gertha McKenna, Danny Wheeler, Scott Wilson, Verrell Wyman, Richard Yohn, Nathan Young, Karon Zulewski, Scott Zuzek re: #2 MOTION to Dismiss the Out-Of State Plaintiffs' Claims for Lack of Personal Jurisdiction, #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 18 NOTICE of Filing Completed Forms for Each Plaintiff re: #16 Order, filed by James Arrowood, Morgan Blevins, Jerry Comer, Michael Curry, Charlotte Dorsey, Laverne Hazley, Gina Hill, Steven Hoffman, Kanitha Jones, Paulette Leaphart, Gertha McKenna, Danny Wheeler, Scott Wilson, Verrell Wyman, Richard Yohn, Nathan Young, Karon Zulewski, Scott Zuzek (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #16 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 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 before7/22/2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (oyh) [Transferred from Texas Northern on 9/4/2020.]
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Filing 15
ORDER The Court grants the parties' Agreed Motion for Leave to Extend the Time for Plaintiff toFile Responses to Defendants' Motions to Dismiss and Defendants' Replies to Those Responses [ECF No. #13 ). Plaintiffs shall respond to Defendants' Motion to Dismiss by 8/27/2020. Defendants shall file their reply, if any, by 9/26/2020. (Ordered by Judge Karen Gren Scholer on 7/9/2020) (ndt) [Transferred from Texas Northern on 9/4/2020.]
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| Filing 14 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 14 replaced with flattened document on 7/13/2020) (pnp). [Transferred from Texas Northern on 9/4/2020.] |
| Filing 13 MOTION for Extension of Time to File Response/Reply to #3 Brief/Memorandum in Support of Motion, #2 MOTION to Dismiss the Out-Of State Plaintiffs' Claims for Lack of Personal Jurisdiction, #9 Brief/Memorandum in Support of Motion, #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by James Arrowood, Morgan Blevins, Jerry Comer, Michael Curry, Charlotte Dorsey, Laverne Hazley, Gina Hill, Steven Hoffman, Kanitha Jones, Paulette Leaphart, Gertha McKenna, Danny Wheeler, Scott Wilson, Verrell Wyman, Richard Yohn, Nathan Young, Karon Zulewski, Scott Zuzek (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
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Filing 12
ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge Sam A. Lindsay no longer assigned to case. (Ordered by Judge Sam A. Lindsay on 7/8/2020) (svc) [Transferred from Texas Northern on 9/4/2020.]
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| 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 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) (Main Document 7 replaced with the flattened document on 7/6/2020) (pnp). [Transferred from Texas Northern on 9/4/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Matthews, Melissa) (Main Document 6 replaced with flattened document on 7/6/2020) (pnp). [Transferred from Texas Northern on 9/4/2020.] |
| Filing 5 AMENDED DOCUMENT by C R Bard Inc, Bard Peripheral Vascular Inc. Amendment to #1 Notice of Removal,,,,,,,. . (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- 8-30-2016 Romney, Kim Deposition, #6 Exhibit(s) D - Index of State Court Documents, #7 Exhibit(s) D-1 - State Court Docket, #8 Exhibit(s) D-2 - P's Original Petition & Jury Demand, #9 Exhibit(s) D-3 - Civil Case Info Sheet, #10 Exhibit(s) D-4 - Citation Issued to Bard Peripheral Vaascular, Inc., #11 Exhibit(s) D-5 - Citation Issued to C. R. Bard, Inc., #12 Exhibit(s) D-6 - Citation Issued to McKesson Corporation, #13 Exhibit(s) D-7 - Notice of Dismissal Hearing, #14 Exhibit(s) D-8 - Return of Service - C. R. Bard, Inc., #15 Exhibit(s) D-9 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) (Attachment 1 & 2 replaced with the flattened document on 7/6/2020) (pnp). [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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (oyh) [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 the Out-Of State Plaintiffs' Claims for Lack of Personal Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 9/4/2020.] |
| 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 (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 0539-10961311) 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 - 8-30-2016 Romney, Kim Deposition, #6 Exhibit(s) D - Index of State Court Documents, #7 Exhibit(s) D-1 - State Court Docket, #8 Exhibit(s) D-2 - P's Original Petition and Jury Demand, #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, Inc., #12 Exhibit(s) D-6 - Citation Issued to McKesson Corporation, #13 Exhibit(s) D-7 - Notice of Dismissal Hearing, #14 Exhibit(s) D-8 - Return of Service - C. R. Bard, Inc., #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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