Grindstaff v. CR Bard Inc et al
| Peggy Grindstaff |
| Does 1 through 100 Inclusive, CR Bard Inc, McKesson Corporation and Bard Peripheral Vascular, Inc. |
| 2:2020cv00184 |
| August 26, 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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Filing 39
Order Governing Sealing Confidential Information. Signed by District Judge Clifton L Corker on 09/28/2020. (AMP)
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Filing 38
Order Governing Motions To Dismiss. Signed by District Judge Clifton L Corker on 09/28/2020. (AMP)
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Filing 37
Order Governing Depositions. Signed by District Judge Clifton L Corker on 09/28/2020. (AMP)
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| Filing 36 MOTION to Substitute Attorney by Bard Peripheral Vascular, Inc., CR Bard Inc, McKesson Corporation. (Drinkwater, William) |
| Clerk's Verification of PHV Requirements is complete for attorney Steven S. Schulte regarding document: #35 MOTION for Leave to Appear Pro Hac Vice for Steve Schulte ( Filing fee $ 90 receipt number ATNEDC-4478243.) filed by Peggy Grindstaff (JCK) |
| Filing 35 MOTION for Leave to Appear Pro Hac Vice for Steve Schulte ( Filing fee $ 90 receipt number ATNEDC-4478243.) by Peggy Grindstaff. (Attachments: #1 Other Certificate of Good Standing - USDC NDTX)(Leniski, Joe) |
| Filing 34 NOTICE of Appearance by Joe P Leniski, Jr on behalf of Peggy Grindstaff (Leniski, Joe) |
| Filing 33 NOTICE of Appearance by William Woods Drinkwater on behalf of Bard Peripheral Vascular, Inc., CR Bard Inc, McKesson Corporation (Drinkwater, William) |
| Filing 32 NOTICE of Appearance by Shane G Ramsey on behalf of Bard Peripheral Vascular, Inc., CR Bard Inc, McKesson Corporation (Ramsey, Shane) |
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Filing 31
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 30 NOTICE of Deficiency (Pro Hac): Attorneys Eric Przybysz, Darren McDowell, Steven Schulte, Melissa Matthews, Jessica Junek, and Jordan Jarreau are not admitted (See LR 83.5). This matter will be referred to a magistrate judge if a pro hac motion is not filed within 15 days of this Notice. A form motion can be found here: https://www.tned.uscourts.gov/forms/motion-admission-pro-hac-vice. (Copy of Notice mailed to Eric Przybysz, Darren McDowell, Steven Schulte, Melissa Matthews, Jessica Junek, and Jordan Jarreau) (AMP) |
| Filing 29 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02268. |
| Case has been referred to Magistrate Judge Guyton for related case determination. (AMP) |
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Filing 28
MEMORANDUM OPINION AND ORDER granting #25 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 Maria Giordano's case be severed and transferred to the New HavenDivision of the District of Connecticut (Civil case 3:20-cv-2267-S opened); b. Plaintiff Peggy Grindstaff's case be severed and transferred to the Greenville Division of the Eastern District of Tennessee (Civil case 3:20-cv-2268-S opened); c. Plaintiff Andrew Holness's case be severed and transferred to the White Plains Division of the Southern District of New York (Civil case 3:20-cv-2269-S opened); d. Plaintiff Adrian Martinez's case be severed and transferred to the Kansas City Division of the Western District of Missouri (Civil case 3:20-cv-2270-S opened); e. Plaintiff Jerry Mickens's case be severed and transferred to the Richmond Division of the Eastern District of Virginia (Civil case 3:20-cv-2271-S opened); f. Plaintiff Kelley Munzings case be severed and transferred to the Richmond Division of the Eastern District of Virginia (Civil case 3:20-cv-2272-S opened); g. Plaintiff Stephanie Phillips's case be severed and transferred to the Columbus Division of the Middle District of Georgia (Civil case 3:20-cv-2273-S opened); h. Plaintiff Joseph Ronga's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (Civil case 3:20-cv-2274-S opened). Plaintiff Nathan Fee 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 8/18/2020) (axm) [Transferred from Texas Northern on 8/26/2020.]
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| Filing 27 RESPONSE filed by Bard Peripheral Vascular Inc, CR Bard Inc re: #25 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 26 Brief/Memorandum in Support filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga re #25 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 25 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 24 RESPONSE filed by Bard Peripheral Vascular Inc, CR Bard Inc, McKesson Corporation re: #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 23 Appendix in Support filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga re #21 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 22 Brief/Memorandum in Support filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga re #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 20 RESPONSE filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga re: #9 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 19 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Inc, CR Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 18 NOTICE of Filing Completed Forms For Each Plaintiff filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.] |
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Filing 17
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 7/22/2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (mla) [Transferred from Texas Northern on 8/26/2020.]
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Filing 16
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 15 MOTION for Extension of Time to File Response/Reply to #9 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 14 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction As Amended (Junek, Jessica) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 13 replaced with the flattened document on 6/18/2020) (pnp). [Transferred from Texas Northern on 8/26/2020.] |
| Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, CR Bard Inc (Junek, Jessica) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 10 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Junek, Jessica) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 9 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by McKesson Corporation Attorney Jessica Junek added to party McKesson Corporation(pty:dft) (Junek, Jessica) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Junek, Jessica) (Main Document 8 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/26/2020.] |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CR Bard Inc. (Junek, Jessica) (Main Document 7 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/26/2020.] |
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Filing 6
ORDER REASSIGNING CASE. The above-referenced matter is transferred to the docket of the Honorable Judge Karen Gren Scholer, who has a related case. All future pleadings shall be filed under case number 3:20-CV-1484-S. Judge David C Godbey no longer assigned to case. (Ordered by Judge David C Godbey on 6/9/2020) (twd) [Transferred from Texas Northern on 8/26/2020.]
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Filing 5
ORDER REQUIRING STATUS AND SCHEDULING CONFERENCE: The parties are directed to confer within 14 days of the date of this Order and report to the Court within 14 days after the conference the parties' position. (Ordered by Judge David C Godbey on 6/8/2020) (mla) [Transferred from Texas Northern on 8/26/2020.]
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| 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from Texas Northern on 8/26/2020.] |
| Filing 3 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, CR Bard Inc re #2 MOTION to Dismiss for Lack of Jurisdiction (Matthews, Melissa) Modified Docket Text on 6/9/2020 (oyh). [Transferred from Texas Northern on 8/26/2020.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, CR Bard Inc (Matthews, Melissa) Modified Docket Text on 6/9/2020 (oyh). [Transferred from Texas Northern on 8/26/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Bard Peripheral Vascular Inc, CR Bard Inc. (Filing fee $400; receipt number 0539-10897774) 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 - 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 Corporation, #13 Exhibit(s) D-7 - Status Conference Order, #14 Exhibit(s) D-8 - Return of Service - C.R. Bard, #15 Exhibit(s) D-9 - Status Conference Order, #16 Exhibit(s) D-10 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) Modified Docket Text on 6/9/2020 (oyh). [Transferred from Texas Northern on 8/26/2020.] |
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