Shannon v. C.R. Bard, Inc. et al
| Sandra Shannon |
| McKesson Corporation, C.R. Bard, Inc., Does 1 through 100, Inclusive and Bard Peripheral Vascular, Inc. |
| 3:2020cv00718 |
| August 21, 2020 |
| US District Court for the Middle District of Tennessee |
| William L Campbell |
| Jeffery S Frensley |
| Aleta A Trauger |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 28, 2020. A more recent docket listing may be available from PACER.
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| Filing 43 CERTIFICATE of Service filed by Bard Peripheral Vascular, Inc., C.R. Bard, Inc. re #41 Joint MOTION to Stay Discovery and All Pretrial Deadlines filed by C.R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Drinkwater, William) |
| NOTICE TO FILER re DE#41 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (kc) |
Filing 42
ORDER: The Parties' JOINT MOTION TO STAY DISCOVERY AND PRETRIAL DEADLINES, and for good cause appearing, IT IS HEREBY ORDERED that the Parties' Motion #41 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. Signed by District Judge Aleta A. Trauger on 9/23/2020. (kc) Modified text on 10/8/2020 (hb).
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| Filing 41 Joint MOTION to Stay Discovery and All Pretrial Deadlines by Bard Peripheral Vascular, Inc., C.R. Bard, Inc.. (Attachments: #1 Attachment Proposed Order)(Drinkwater, William) |
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Filing 40
ORDER granting #39 : 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 09/22/2020. (vk)
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| Filing 39 MOTION for attorney Steve Schulte to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3214850) by Sandra Shannon. (Leniski, Joey) |
| Filing 38 NOTICE of Appearance by Joey P. Leniski, Jr on behalf of Sandra Shannon (Leniski, Joey) |
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Filing 37
ORDER: Pursuant to the Joint Statement Regarding Pending Motions #35 , it is hereby ORDERED that the Clerk shall term as moot the Motion to Dismiss filed by the Bard defendants #2 . Signed by District Judge Aleta A. Trauger on 9/14/2020. (kc)
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Filing 36
ORDER: The Complaint and all causes of action against Defendant McKesson Corporation are dismissed without prejudice, with each party to bear its own costs and fees. Signed by District Judge Aleta A. Trauger on 9/14/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| Filing 35 JOINT Statement Regarding Pending Motions filed by Bard Peripheral Vascular, Inc., C.R. Bard, Inc. in support of #32 Order,,, Add and Terminate Judge,,, Terminate Hearings,,. (Drinkwater, William) |
| Filing 34 MOTION to Dismiss Claims Against McKesson Corporation Without Prejudice filed by Bard Peripheral Vascular, Inc., C.R. Bard, Inc., McKesson Corporation. (Drinkwater, William) |
| Filing 33 NOTICE of Initial Case Management Conference set for 10/5/2020 at 03:30 PM in Chambers 825 before District Judge Aleta A. Trauger. (kc) |
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Filing 32
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 him on November 3, 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. Signed by District Judge Aleta A. Trauger on 8/27/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 31
ORDER granting #30 Motion for Substitution of Counsel. Attorneys Jordan E Jarreau and Melissa Dorman Matthews terminated. Signed by District Judge Aleta A. Trauger on 8/27/2020. (vh)
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| Filing 30 Joint MOTION to Substitute Attorney by Bard Peripheral Vascular, Inc., C.R. Bard, Inc., McKesson Corporation. (Drinkwater, William) |
| Filing 29 NOTICE of Appearance by William W. Drinkwater on behalf of Bard Peripheral Vascular, Inc., C.R. Bard, Inc., McKesson Corporation (Drinkwater, William) |
| Filing 28 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 27
ORDER: 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. (kc)
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| Filing 26 NOTICE of Initial Case Management Conference set for 11/3/2020 at 10:00 AM in Courtroom 783 before Magistrate Judge Jeffery S. Frensley. (vh) |
| Filing 25 Case transferred in from the District of Texas Northern; Case Number 3:20-cv-02457. 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, Eric Martin Przybysz, Steven Scott Schulte, and Darren McDowell not admitted to this court - Local counsel required. (vh) |
| NOTICE TO COUNSEL Melissa Dorman Matthews, Jordan E Jarreau, 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 9/14/2020. (vh) |
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Filing 24
MEMORANDUM OPINION AND ORDER grants #18 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 Oscar Becerra's case be severed and transferred to the Riverside Division of the Central District of California (Civil case 3:20-cv-2449 opened); b. Plaintiff Sheila Bowes's case be severed and transferred to the Danville Division of the Western District of Virginia (Civil case 3:20-cv-2450 opened); c. Plaintiff Gregory Carpenter's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2452 opened); d. Plaintiff Maribel Dias's case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil case 3:20-cv-2454 opened); e. Plaintiff Maura Jones's case be severed and transferred to the Baltimore Division of the District Court of Maryland (Civil case 3:20-cv-2455 opened); f. Plaintiff Vivian Samuel's case be severed and transferred to the West Palm Beach Division of the Southern District of Florida (Civil case 3:20-cv-2456 opened); g. Plaintiff Sandra Shannon's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2457 opened). Plaintiff Reginald Turner 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 8/24/2020.]
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Filing 23
ORDER: Pursuant to the parties' agreement, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Diann Finley's claims against Defendants. The parties shall bear their own costs. Party Diann Finley terminated. (Ordered by Judge Karen Gren Scholer on 8/19/2020) (axm) [Transferred from Texas Northern on 8/24/2020.]
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Filing 22
ORDER: Pursuant to the parties' agreement, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Peter Macrie's claims against Defendants. The parties shall bear their own costs. Party Peter Macrie terminated. (Ordered by Judge Karen Gren Scholer on 8/19/2020) (axm) [Transferred from Texas Northern on 8/24/2020.]
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| Filing 21 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 20 Appendix in Support filed by Oscar Becerra, Sheila Bowes, Gregory Carpenter, Maribel Dias, Diann Finley, Maura Jones, Peter Macrie, Vivian Samuel, Sandra Shannon, Reginald Turner re #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 19 Brief/Memorandum in Support filed by Oscar Becerra, Sheila Bowes, Gregory Carpenter, Maribel Dias, Diann Finley, Maura Jones, Peter Macrie, Vivian Samuel, Sandra Shannon, Reginald Turner re #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Oscar Becerra, Sheila Bowes, Gregory Carpenter, Maribel Dias, Diann Finley, Maura Jones, Peter Macrie, Vivian Samuel, Sandra Shannon, Reginald Turner (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 17 RESPONSE filed by Oscar Becerra, Sheila Bowes, Gregory Carpenter, Maribel Dias, Diann Finley, Maura Jones, Peter Macrie, Vivian Samuel, Sandra Shannon, Reginald Turner re: #7 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 8/24/2020.] |
| Filing 16 NOTICE of Filing Completed Forms For Each Plaintiff filed by Oscar Becerra, Sheila Bowes, Gregory Carpenter, Maribel Dias, Diann Finley, Maura Jones, Peter Macrie, Vivian Samuel, Sandra Shannon, Reginald Turner (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 15 NOTICE of Filing Completed Forms for Each Plaintiff re: #14 Order, filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
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Filing 14
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 8/24/2020.]
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Filing 13
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 8/24/2020.]
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| Filing 12 Agreed MOTION to Extend Time Agreed Extension Resp/Reply filed by Oscar Becerra, Sheila Bowes, Gregory Carpenter, Maribel Dias, Diann Finley, Maura Jones, Peter Macrie, Vivian Samuel, Sandra Shannon, Reginald Turner (Attachments: #1 Proposed Order) (Przybysz, Eric) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 11 replaced on 6/18/2020) (oyh). [Transferred from Texas Northern on 8/24/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 9 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 8/24/2020.] |
| Filing 8 Brief/Memorandum in Support filed by McKesson Corporation re #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
| 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 8/24/2020.] |
| 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. (oyh) [Transferred from Texas Northern on 8/24/2020.] |
| 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 8/24/2020.] |
| 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 8/24/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10904382) 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 - 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 to Bard Peripheral Vascular, Inc., #12 Exhibit(s) D-6 - Citation Issued to C.R. Bard, #13 Exhibit(s) D-7 - Citation Issued to McKesson Corp, #14 Exhibit(s) D-8 - Affidavit of Service - McKesson, #15 Exhibit(s) D-9 - Return of Service - C.R. Bard, #16 Exhibit(s) D-10 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
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