Allen v. C.R. Bard, Inc. et al
Plaintiff: Brenda Allen
Defendant: Bard Peripheral Vascular Incorporated, McKesson Corporation, C R Bard Inc, Does 1 through 100, Inclusive and C.R. Bard, Inc.
Case Number: 3:2020cv00713
Filed: August 21, 2020
Court: US District Court for the Middle District of Tennessee
Office: Nashville Office
Presiding Judge: William L Campbell
Referring Judge: Barbara D Holmes
2 Judge: Aleta A Trauger
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 23, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 23, 2020 Opinion or Order Filing 45 ORDER granting #44 Joint Motion to Stay Discovery and Pretrial Deadlines. Upon consideration of the Parties' JOINT MOTION TO STAY DISCOVERY AND PRETRIAL DEADLINES, and for good cause appearing, IT IS HEREBY ORDERED that the Parties' Motion [#44] is GRANTED, and discovery and all pretrial deadlines are hereby stayed and the initial Case Management Conference in this case is hereby continued for 90 days after entry of this Order to allow the Parties to conduct ongoing settlement negotiations. The Initial Case Management Conference set for 10/5/2020 is continued. Signed by District Judge Aleta A. Trauger on 9/23/2020. (am)
September 23, 2020 Filing 44 Joint MOTION to Stay Discovery and All Pretrial Deadlines by Bard Peripheral Vascular Incorporated, C.R. Bard, Inc.. (Attachments: #1 Attachment Proposed Order)(Drinkwater, William)
September 22, 2020 Opinion or Order Filing 43 ORDER granting #42 : 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 09/22/2022. (vk)
September 15, 2020 State Bar status verified as active for (Admitted in TN State Bar and TNMD) Joey P. Leniski, Jr, (TX) Steven Scott Schulte. (am)
September 14, 2020 Filing 42 MOTION for attorney Steve Schulte to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3214801) by Brenda Allen. (Leniski, Joey)
September 14, 2020 Filing 41 NOTICE of Appearance by Joey P. Leniski, Jr on behalf of Brenda Allen (Leniski, Joey)
September 9, 2020 Opinion or Order Filing 40 ORDER: Pursuant to the Joint Statement Regarding Pending Motions (Doc. No. 39), it is hereby ORDERED that the Clerk shall term the Motion to Dismiss for Lack of Jurisdiction filed by the defendants (Doc. No. 2) as moot. Signed by District Judge Aleta A. Trauger on 9/9/2020. (am)
September 8, 2020 Filing 39 JOINT Statement Regarding Pending Motions filed by Bard Peripheral Vascular Incorporated, C.R. Bard, Inc., McKesson Corporation in support of #35 Order, Terminate Hearings. (Ramsey, Shane) Modified Text on 9/9/2020 (am).
September 8, 2020 Opinion or Order Filing 38 ORDER granting #37 Joint Motion to Dismiss Plaintiff's Claims Against McKesson Corporation Without Prejudice; terminating #9 Motion to Dismiss for Lack of Jurisdiction. Signed by District Judge Aleta A. Trauger on 9/8/2020. (am)
September 8, 2020 Filing 37 Joint MOTION to Dismiss Plaintiff's Claims Against McKesson Corporation Without Prejudice by Bard Peripheral Vascular Incorporated, C.R. Bard, Inc., McKesson Corporation. (Drinkwater, William)
August 28, 2020 Filing 36 NOTICE of Initial Case Management Conference set for 10/5/2020 at 03:30 PM in Chambers 825 before District Judge Aleta A. Trauger. (am)
August 28, 2020 Opinion or Order Filing 35 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 11, 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 8/28/2020. (am)
August 27, 2020 Opinion or Order Filing 34 ORDER granting #33 Motion to Substitute Attorney. Attorney Jordan E Jarreau and Melissa Dorman Matthews terminated. Signed by District Judge Aleta A. Trauger on 8/27/2020. (am)
August 27, 2020 State Bar status verified as active for (TX) Eric Martin Przybysz, (TX) Steven Scott Schulte, (TX) Darren McDowell, (Admitted to TN State Bar and TNMD) Shane G. Ramsey, (Admitted to TN State Bar and TNMD) William W. Drinkwater, (TX) Melissa Dorman Matthews, (TX) Jordan E Jarreau not admitted to this court - Local counsel required. (am)
August 26, 2020 Filing 33 Joint MOTION to Substitute Attorney by Bard Peripheral Vascular Incorporated, C.R. Bard, Inc., McKesson Corporation. (Drinkwater, William)
August 26, 2020 Filing 32 NOTICE of Appearance by William W. Drinkwater on behalf of Bard Peripheral Vascular Incorporated, C.R. Bard, Inc., McKesson Corporation (Drinkwater, William)
August 26, 2020 Filing 31 NOTICE of Appearance by Shane G. Ramsey on behalf of Bard Peripheral Vascular Incorporated, C.R. Bard, Inc., McKesson Corporation (Ramsey, Shane)
August 25, 2020 Opinion or Order Filing 30 ORDER REASSIGNING CASE. Case reassigned to District Judge Aleta A. Trauger for all further proceedings. District Judge William L. Campbell, Jr no longer assigned to case. After consultation with Judge Aleta Trauger, this action is TRANSFERRED to Judge Trauger as an earlier-filed related case. Signed by District Judge William L. Campbell, Jr on 8/25/2020. (am)
August 24, 2020 Opinion or Order Filing 29 ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Lead counsel for the parties shall attend the initial case management conference. Signed by District Judge William L. Campbell, Jr on 8/24/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
August 21, 2020 Filing 28 NOTICE of Initial Case Management Conference set for 9/28/2020 at 01:30 PM in Courtroom 764 before Magistrate Judge Barbara D. Holmes. (am)
August 21, 2020 Filing 27 NOTICE of Business Entity Disclosure Statement filing requirement. (am)
August 21, 2020 Filing 26 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (am)
August 21, 2020 Filing 25 Case transferred in from the District of Texas Northern; Case Number 3:20-cv-02413. Original file certified copy of transfer order and docket sheet received.
August 21, 2020 NOTICE TO COUNSEL Eric Martin Przybysz, Steven Scott Schulte, Darren McDowell, Melissa Dorman Matthews, Jordan E Jarreau: 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 9/11/2020. (am)
August 21, 2020 NOTICE TO COUNSEL Eric Martin Przybysz, Steven Scott Schulte, Darren McDowell, Melissa Dorman Matthews, Jordan E Jarreau: 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 9/11/2020. (am)
August 20, 2020 Opinion or Order Filing 24 MEMORANDUM OPINION AND ORDER grants #19 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 Brenda Allen's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2413 opened); b. Plaintiff Benidecto Fernandez's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (Civil case 3:20-cv-2414 opened); c. Plaintiff Nancy Foreman's case be severed and transferred to the Riverside Division of the Central District of California (Civil case 3:20-cv-2415 opened); d. Plaintiff Matthew Geniesse's case be severed and transferred to the Milwaukee Division of the Eastern District of Wisconsin (Civil case 3:20-cv-2416 opened); e. Plaintiff Mark Gibson's case be severed and transferred to the Los Angeles Division of the Central District of California (Civil case 3:20-cv-2417 opened); f. Plaintiff Duane McDonald's case be severed and transferred to the Lafayette Division of the Northern District of Indiana (Civil case 3:20-cv-2419 opened); g. Plaintiff Richard Pilip's case be severed and transferred to the Chicago Division of the Northern District of Illinois (Civil case 3:20-cv-2420 opened); and h. Plaintiff Merida Roman's case be severed and transferred to the Miami Division of the Southern District of Florida (Civil case 3:20-cv-2421 opened). Plaintiff Emmanuel Arredondo 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 8/20/2020) (jmg) [Transferred from Texas Northern on 8/21/2020.]
August 19, 2020 Opinion or Order Filing 23 ORDER: Pursuant to the parties' agreement, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Herlinda Aguilar's claims against Defendants. The parties shall bear their own costs. Party Herlinda Aguilar terminated. (Ordered by Judge Karen Gren Scholer on 8/19/2020) (axm) [Transferred from Texas Northern on 8/21/2020.]
August 14, 2020 Filing 22 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division Against Bard Defendants (Matthews, Melissa) [Transferred from Texas Northern on 8/21/2020.]
August 3, 2020 Filing 21 Appendix in Support filed by Herlinda Aguilar, Brenda Allen, Benidecto Fernandez, Nancy Foreman, Matthew Geniesse, Mark Gibson, Duane McDonald, Richard Pilip, Merida Roman re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division Against Bard Defendants (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.]
August 3, 2020 Filing 20 Brief/Memorandum in Support filed by Herlinda Aguilar, Brenda Allen, Benidecto Fernandez, Nancy Foreman, Matthew Geniesse, Mark Gibson, Duane McDonald, Richard Pilip, Merida Roman re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division Against Bard Defendants (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.]
August 3, 2020 Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division Against Bard Defendants () filed by Herlinda Aguilar, Brenda Allen, Benidecto Fernandez, Nancy Foreman, Matthew Geniesse, Mark Gibson, Duane McDonald, Richard Pilip, Merida Roman (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.]
August 3, 2020 Filing 18 RESPONSE AND OBJECTION filed by Herlinda Aguilar, Brenda Allen, Emmanuel Arredondo, Benidecto Fernandez, Nancy Foreman, Matthew Geniesse, Mark Gibson, Duane McDonald, Richard Pilip, Merida Roman re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.]
July 22, 2020 Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Herlinda Aguilar, Brenda Allen, Emmanuel Arredondo, Benidecto Fernandez, Nancy Foreman, Matthew Geniesse, Mark Gibson, Duane McDonald, Richard Pilip, Merida Roman (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.]
July 21, 2020 Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) [Transferred from Texas Northern on 8/21/2020.]
July 16, 2020 Opinion or Order 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 8/21/2020.]
July 1, 2020 Opinion or Order 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 8/21/2020.]
June 29, 2020 Filing 13 MOTION for Extension of Time to File Response/Reply to #9 MOTION to Dismiss for Lack of Jurisdiction , #2 MOTION to Dismiss for Lack of Jurisdiction filed by Herlinda Aguilar, Brenda Allen, Emmanuel Arredondo, Benidecto Fernandez, Nancy Foreman, Matthew Geniesse, Mark Gibson, Duane McDonald, Richard Pilip, Merida Roman (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/21/2020.]
June 17, 2020 Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.]
June 17, 2020 Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.]
June 17, 2020 Filing 10 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.]
June 17, 2020 Filing 9 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.]
June 17, 2020 Filing 8 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.]
June 12, 2020 Opinion or Order 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 8/21/2020.]
June 11, 2020 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from Texas Northern on 8/21/2020.]
June 11, 2020 Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.]
June 11, 2020 Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.]
June 11, 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 (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.]
June 11, 2020 Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.]
June 11, 2020 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10907283) 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 page, #5 Exhibit(s) C - 8-30-16 Romney, Kim Deposition, #6 Exhibit(s) D - Index of State Docs, #7 Exhibit(s) D-1 State Court Docket Sheet, #8 Exhibit(s) D-2 2020-04-07 Original Petition, #9 Exhibit(s) D-3 2020-04-07 Civil Case Info. Sheet, #10 Exhibit(s) D-4 2020-04-07 Jury Demand, #11 Exhibit(s) D-5 2020-04-07 Citation Issued - Bard Periphreal, #12 Exhibit(s) D-6 2020-04-07 Citation Issued - C.R. Bard, #13 Exhibit(s) D-7 2020-04-07 Citation Issued - McKesson, #14 Exhibit(s) D-8 2020-05-06 Return of Service - McKesson, #15 Exhibit(s) D-9 2020-05-22 Return of Service - C.R. Bard, #16 Exhibit(s) D-10 2020-06-04 Return of Service Bard Peripheral) (Jarreau, Jordan) [Transferred from Texas Northern on 8/21/2020.]

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Search for this case: Allen v. C.R. Bard, Inc. et al
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Defendant: Bard Peripheral Vascular Incorporated
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: Shane G. Ramsey
Represented By: William W. Drinkwater
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Defendant: McKesson Corporation
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: Shane G. Ramsey
Represented By: William W. Drinkwater
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Defendant: C R Bard Inc
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
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Defendant: Does 1 through 100, Inclusive
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Defendant: C.R. Bard, Inc.
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: Shane G. Ramsey
Represented By: William W. Drinkwater
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Plaintiff: Brenda Allen
Represented By: Darren McDowell
Represented By: Eric Martin Przybysz
Represented By: Steven Scott Schulte
Represented By: Joey P. Leniski, Jr.
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