Thomas v. C.R. Bard, Inc. et al
| Emmitt Thomas |
| C R Bard Inc, McKesson Corporation, Does 1 through 100, Inclusive, Bard Peripheral Vascular, Inc. and C.R. Bard, Inc. |
| 3:2020cv00708 |
| August 19, 2020 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Barbara D Holmes |
| Eli J Richardson |
| Aleta A Trauger |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on September 21, 2020. A more recent docket listing may be available from PACER.
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Filing 41
ORDER granting #40 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Steve Schulte is granted. Signed by Vicki Kinkade on 09/21/2020. (vk)
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| TN State Bar status verified as active for Steven Scott Schulte. (vh) |
| TX State Bar status verified as active for Steven Scott Schulte not admitted to this court - Local counsel required. (vh) |
| Filing 40 MOTION for attorney Steve Schulte to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3212564) by Emmitt Thomas. (Leniski, Joey) Modified on 9/14/2020 (vh). |
| Filing 39 NOTICE of Appearance by Joey P. Leniski, Jr on behalf of Emmitt Thomas (Leniski, Joey) |
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Filing 38
ORDER STAYING CASE while the Parties finalize a settlement reached in principle by the Parties. Finding that a stay will facilitate further settlement negotiations and promote judicial economy, and finding that the Parties agree to the requested relief, the Court finds the joint motion well- taken. It is, therefore, ORDERED that all deadlines in this matter are STAYED until February 1, 2021. Signed by District Judge Aleta A. Trauger on 8/31/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 37
ORDER granting #35 Joint Motion to Stay. Signed by District Judge Aleta A. Trauger on 8/31/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 36
ORDER: It is hereby ORDERED that the Clerk shall term as moot the pending Motions to Dismiss (Doc. Nos. #3 , #8 ). Signed by District Judge Aleta A. Trauger on 8/31/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| Filing 35 Joint MOTION to Stay by Bard Peripheral Vascular, Inc., C.R. Bard, Inc.. (Attachments: #1 Attachment Proposed Order)(Drinkwater, William) |
| Filing 34 JOINT Statement Regarding Pending Motions filed by Bard Peripheral Vascular, Inc., C.R. Bard, Inc. in support of #29 Order,,,, Add and Terminate Judge,,,, Terminate Hearings,,,. (Ramsey, Shane) |
| Filing 33 STIPULATION of Dismissal Stipulation to Dismiss Claims Against McKesson Corporation Without Prejudice by Bard Peripheral Vascular, Inc., C.R. Bard, Inc., McKesson Corporation. (Ramsey, Shane) |
| Defendant McKesson Corporation terminated as a party in this action pursuant to #33 Stipulation. (ds) |
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Filing 32
ORDER granting #31 Motion for Substitution of Counsel. Attorneys Melissa Dorman Matthews, Jordan E Jarreau, and Jessica Junek terminated. Signed by District Judge Aleta A. Trauger on 8/26/2020. (vh)
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| Filing 31 MOTION to Substitute Attorney by Bard Peripheral Vascular, Inc., C.R. Bard, Inc., McKesson Corporation. (Drinkwater, William) |
| Filing 30 NOTICE of Initial Case Management Conference set for 10/5/2020 at 03:30 PM in Chambers 825 before District Judge Aleta A. Trauger. (vh) |
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Filing 29
ORDER: Upon the reassignment of this case to Judge Trauger, it is hereby ORDERED that the reference to the magistrate judge is WITHDRAWN, and the initial case management conference scheduled before her on September 28, 2020 is CANCELLED. It is further ORDERED that the Clerk shall issue Judge Trauger's standard Notice, setting this case for an initial case management conference before her on October 5, 2020 at 3:30 p.m. It is further ORDERED that, by September 4, 2020, the parties shall file a joint statement, informing the court whether any motions still pending when this case was transferred to this court still need to be ruled upon or whether they may be termed by the Clerk as moot. Signed by District Judge Aleta A. Trauger on 8/21/2020. (vh)
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| Filing 28 NOTICE of Appearance by William W. Drinkwater on behalf of Bard Peripheral Vascular, Inc., C.R. Bard, Inc., McKesson Corporation (Drinkwater, William) |
| Filing 27 NOTICE of Appearance by Shane G. Ramsey on behalf of Bard Peripheral Vascular, Inc., C.R. Bard, Inc., McKesson Corporation (Ramsey, Shane) |
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Filing 26
ORDER: This matter is hereby transferred to District Judge Aleta Trauger as related to case no. 3:15-cv-00533, which is currently pending before her. Signed by District Judge Eli J. Richardson on 08/21/2020. (vh)
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| TN State Bar status verified as active for Shane G. Ramsey and William W. Drinkwater. (vh) |
| Filing 25 NOTICE of Initial Case Management Conference set for 9/28/2020 at 11:30 AM in Courtroom 764 before Magistrate Judge Barbara D. Holmes. (vh) |
| Filing 24 Case transferred in from the District of Texas Northern; Case Number 3:20-cv-02281. Original file certified copy of transfer order and docket sheet received. |
| TX State Bar status verified as active for Melissa Dorman Matthews, Jordan E Jarreau, Jessica Junek, Eric Martin Przybysz, Steven Scott Schulte, and Darren McDowell. (vh) |
| NOTICE TO COUNSEL Melissa Dorman Matthews, Jordan E Jarreau, Jessica Junek, Eric Martin Przybysz, Steven Scott Schulte, and Darren McDowell: WITHIN 21 DAYS, counsel shall associate local counsel qualified to practice in the United States District Court for the Middle District of Tennessee. Local counsel shall electronically file a Notice of Appearance (LR 83.01(d)). Appearance by local counsel due by 9/10/2020. (vh) |
| NOTICE TO COUNSEL Melissa Dorman Matthews, Jordan E Jarreau, Jessica Junek, Eric Martin Przybysz, Steven Scott Schulte, and Darren McDowell: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $100.00 (LR 83.01(b)). PHV due by 9/10/2020. (vh) |
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Filing 23
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 the Court to sever and transfer this action as follows: a. Plaintiff Joanne Burks's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (Civil case 3:20-cv-2275-S opened); b. Plaintiff Billy Goodman's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2276-S opened); c. Plaintiff John Lewis's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (Civil case 3:20-cv-2277-S opened); d. Plaintiff Deborah Melton's case be severed and transferred to the Florence Division of the District of South Carolina (Civil case 3:20-cv-2278-S opened); e. Plaintiff Jolanda Pulliam's case be severed and transferred to the Cape Girardeau Division of the Eastern District of Missouri (Civil case 3:20-cv-2279-S opened); f. Plaintiff Maria Terry's case be severed and transferred to the District of Columbia (Civil case 3:20-cv-2280-S opened); g. Plaintiff Emmitt Thomas's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2281-S opened); h. Plaintiff Melissa Tuttle's case be severed and transferred to the Buffalo Division of the Western District of New York (Civil case 3:20-cv-2282-S opened); i. Plaintiff Beverly William's s case be severed and transferred to the Miami Division of the Southern District of Florida (Civil case 3:20-cv-2283-S opened). Plaintiff Laverne Keeling 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 8/18/2020) (axm) [Transferred from Texas Northern on 8/20/2020.]
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| 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 8/20/2020.] |
| Filing 21 Appendix in Support filed by Joanne Burks, Billy Goodman, Laverne Keeling, John Lewis, Deborah Melton, Jolanda Pulliam, Maria Terry, Emmitt Thomas, Melissa Tuttle, Beverly William 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 8/20/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Joanne Burks, Billy Goodman, Laverne Keeling, John Lewis, Deborah Melton, Jolanda Pulliam, Maria Terry, Emmitt Thomas, Melissa Tuttle, Beverly William re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Joanne Burks, Billy Goodman, Laverne Keeling, John Lewis, Deborah Melton, Jolanda Pulliam, Maria Terry, Emmitt Thomas, Melissa Tuttle, Beverly William (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 18 RESPONSE filed by Joanne Burks, Billy Goodman, Laverne Keeling, John Lewis, Jolanda Pulliam, Maria Terry, Emmitt Thomas, Melissa Tuttle, Beverly William re: #3 MOTION to Dismiss the Out-of State Plaintiffs' Claims for Lack of Personal Jurisdiction, #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 17 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 8/20/2020.] |
| Filing 16 NOTICE of Filing Completed Forms For Each Plaintiff filed by Joanne Burks, Billy Goodman, Laverne Keeling, John Lewis, Deborah Melton, Jolanda Pulliam, Maria Terry, Emmitt Thomas, Melissa Tuttle, Beverly William (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
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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 8/20/2020.]
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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 8/20/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #3 MOTION to Dismiss the Out-of State Plaintiffs' Claims for Lack of Personal Jurisdiction, #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by Joanne Burks, Billy Goodman, Laverne Keeling, John Lewis, Deborah Melton, Jolanda Pulliam, Maria Terry, Emmitt Thomas, Melissa Tuttle, Beverly William (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 10 replaced to flatten image on 6/16/2020) (dsr). [Transferred from Texas Northern on 8/20/2020.] |
| Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 8 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 8/20/2020.] |
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Filing 7
ORDER: This case is hereby TRANSFERRED to the docket of the Honorable Karen Gren Scholer. All future pleadings shall subsequently be filed under Civil Action No. 3:20-cv-01490-S. (Ordered by Chief Judge Barbara M. G. Lynn on 6/10/2020) (aaa) [Transferred from Texas Northern on 8/20/2020.]
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| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Junek, Jessica) (Main Document 6 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/20/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Junek, Jessica) (Main Document 5 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/20/2020.] |
| Filing 4 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, C R Bard Inc re #3 MOTION to Dismiss the Out-of State Plaintiffs' Claims for Lack of Personal Jurisdiction (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 3 MOTION to Dismiss the Out-of State Plaintiffs' Claims for Lack of Personal Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
| 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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10899538) 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, #5 Exhibit(s) C - 8-30-16 Romney, Kim Deposition, #6 Exhibit(s) D - Index of State Court Docs, #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 Jury Demand, #11 Exhibit(s) D-5 - Citation Issued Bard Peripheral Vascular, #12 Exhibit(s) D-6 - Citation Issued C.R. Bard Inc., #13 Exhibit(s) D-7 - Citation Issued McKisson, #14 Exhibit(s) D-8 - Executed Aff of Service to McKesson, #15 Exhibit(s) D-9 - Executed Return of Service C.R. Bard, #16 Exhibit(s) D-10 - Executed Return of Service Bard Peripheral) (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
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