Stewart v. C.R. Bard, Inc. et al
Plaintiff: Ricky Stewart
Defendant: Bard Peripheral Vascular Incorporated, McKesson Corporation, C.R. Bard, Inc. and Does 1 through 100, Inclusive
Case Number: 3:2020cv00734
Filed: August 28, 2020
Court: US District Court for the Middle District of Tennessee
Presiding 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 25, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 25, 2020 Opinion or Order Filing 39 ORDER granting #37 Motion to Substitute Attorney. Attorney Jordan E Jarreau and Melissa Dorman Matthews terminated. Signed by District Judge Aleta A. Trauger on 9/25/2020. (dt)
September 25, 2020 Opinion or Order Filing 38 ORDER granting #35 Joint Motion to Stay Discovery and all Pretrial Deadlines. 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 cancelled. Signed by District Judge Aleta A. Trauger on 9/25/2020. (vh)
September 25, 2020 Filing 37 MOTION to Substitute Attorney by Bard Peripheral Vascular Incorporated, C.R. Bard, Inc.. (Drinkwater, William)
September 23, 2020 Opinion or Order Filing 36 ORDER granting #32 Joint MOTION to Dismiss Plaintiff's Claims Against McKesson Corporation Without Prejudice. Signed by District Judge Aleta A. Trauger on 9/23/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
September 23, 2020 Filing 35 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 14, 2020 Opinion or Order Filing 34 ORDER: Pursuant to the Joint Statement Regarding Pending Motions #32 , 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)
September 11, 2020 Filing 33 JOINT Statement Regarding Pending Motions filed by Bard Peripheral Vascular Incorporated, C.R. Bard, Inc., McKesson Corporation in support of #28 Order,. (Ramsey, Shane)
September 11, 2020 Filing 32 Joint MOTION to Dismiss Plaintiff's Claims Against McKesson Corporation Without Prejudice by Bard Peripheral Vascular Incorporated, C.R. Bard, Inc., McKesson Corporation. (Ramsey, Shane)
September 11, 2020 Filing 31 NOTICE of Appearance by William W. Drinkwater on behalf of Bard Peripheral Vascular Incorporated, C.R. Bard, Inc., McKesson Corporation (Drinkwater, William)
September 11, 2020 Filing 30 NOTICE of Appearance by Shane G. Ramsey on behalf of Bard Peripheral Vascular Incorporated, C.R. Bard, Inc., McKesson Corporation (Ramsey, Shane)
September 8, 2020 NOTICE TO COUNSEL Melissa Dorman Matthews, Jordan E Jarreau, Eric Martin Przybysz, Steven Scott Schulte, 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 9/29/2020. (dt)
September 8, 2020 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. (dt)
September 8, 2020 NOTICE TO COUNSEL Melissa Dorman Matthews, Jordan E Jarreau, Eric Martin Przybysz, Steven Scott Schulte, 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 9/29/2020. (dt)
August 31, 2020 Filing 29 NOTICE of Initial Case Management Conference set for 10/5/2020 at 3:30 PM in Chambers 825 before District Judge Aleta A. Trauger. (dt)
August 31, 2020 Opinion or Order Filing 28 ORDER: The Clerk shall issue Judge Trauger's standard Notice, setting this case for an initial case management conference before her on 10/5/2020 at 3:30 PM. It is further ORDERED that, by 9/11/2020, the parties shall file a joint statement. Signed by District Judge Aleta A. Trauger on 8/31/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
August 30, 2020 Filing 26 Case transferred in from the District of Texas Northern; Case Number 3:20-cv-02568. Original file certified copy of transfer order and docket sheet received.
August 28, 2020 Filing 27 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt)
August 27, 2020 Opinion or Order Filing 25 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 Susan Bagwell's case be severed and transferred to the Oxford Division of the Northern District of Mississippi (Civil case 3:20-cv-2561 opened); b. Plaintiff Lisa Baker's case be severed and transferred to the Southern Division of the Northern District of Alabama (Civil case 3:20-cv-2562 opened); c. Plaintiff Jorge Diaz's case be severed and transferred to the Springfield Division of the District of Massachusetts (Civil case 3:20-cv-2563 opened); d. Plaintiff Terry Gosnell's case be severed and transferred to the Clarksburg Division of the Northern District of West Virginia (Civil case 3:20-cv-2564 opened); e. Plaintiff Kevin Guarino's case be severed and transferred to the Boston Division of the District of Massachusetts (Civil case 3:20-cv-2565 opened); f. Plaintiff Shanell Jackson's case be severed and transferred to the Houston Division of the Southern District of Texas (Civil case 3:20-cv-2566 opened); g. Plaintiff Michael Pitts's case be severed and transferred to the Newark Division of the District of New Jersey (Civil case 3:20-cv-2567 opened); and h. Plaintiff Ricky Stewart's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2568 opened). Plaintiff Kenneth Betcher 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 8/27/2020) (jmg) [Transferred from Texas Northern on 8/30/2020.]
August 25, 2020 Opinion or Order Filing 24 ORDER: The Cou1t DISMISSES WITHOUT PREJUDICE Plaintiff Robert D'Andrea's claims against Defendants. The parties shall bear their own costs. All Party Robert D'Andrea terminated. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (axm) [Transferred from Texas Northern on 8/30/2020.]
August 24, 2020 Filing 23 Supplemental 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 (Matthews, Melissa) Modified title on 8/25/2020 (awc). [Transferred from Texas Northern on 8/30/2020.]
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 (Matthews, Melissa) [Transferred from Texas Northern on 8/30/2020.]
August 3, 2020 Filing 21 Appendix in Support filed by Susan Bagwell, Lisa Baker, Robert D'Andrea, Jorge Diaz, Terry Gosnell, Kevin Guarino, Shannell Jackson, Michael Pitts, Ricky Stewart re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from Texas Northern on 8/30/2020.]
August 3, 2020 Filing 20 Brief/Memorandum in Support filed by Susan Bagwell, Lisa Baker, Robert D'Andrea, Jorge Diaz, Terry Gosnell, Kevin Guarino, Shannell Jackson, Michael Pitts, Ricky Stewart re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from Texas Northern on 8/30/2020.]
August 3, 2020 Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division filed by Susan Bagwell, Lisa Baker, Robert D'Andrea, Jorge Diaz, Terry Gosnell, Kevin Guarino, Shannell Jackson, Michael Pitts, Ricky Stewart (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/30/2020.]
August 3, 2020 Filing 18 RESPONSE AND OBJECTION filed by Susan Bagwell, Lisa Baker, Kenneth Betcher, Robert D'Andrea, Jorge Diaz, Terry Gosnell, Kevin Guarino, Shannell Jackson, Michael Pitts, Ricky Stewart re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/30/2020.]
July 22, 2020 Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Susan Bagwell, Lisa Baker, Kenneth Betcher, Robert D'Andrea, Jorge Diaz, Terry Gosnell, Kevin Guarino, Shannell Jackson, Michael Pitts, Ricky Stewart (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/30/2020.]
July 22, 2020 Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from Texas Northern on 8/30/2020.]
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 8/30/2020.]
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 8/30/2020.]
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 Susan Bagwell, Lisa Baker, Kenneth Betcher, Robert D'Andrea, Jorge Diaz, Terry Gosnell, Kevin Guarino, Shannell Jackson, Michael Pitts, Ricky Stewart (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/30/2020.]
June 18, 2020 Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from Texas Northern on 8/30/2020.]
June 18, 2020 Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/30/2020.]
June 18, 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 8/30/2020.]
June 18, 2020 Filing 9 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/30/2020.]
June 18, 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 8/30/2020.]
June 12, 2020 Opinion or Order Filing 7 ELECTRONIC ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge Ed Kinkeade no longer assigned to case. (Ordered by Judge Ed Kinkeade on 6/12/2020) (chmb) [Transferred from Texas Northern on 8/30/2020.]
June 12, 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from Texas Northern on 8/30/2020.]
June 12, 2020 Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 8/30/2020.]
June 12, 2020 Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 8/30/2020.]
June 12, 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 8/30/2020.]
June 12, 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 8/30/2020.]
June 12, 2020 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10910903) 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 8/30/2020.]

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Tennessee Middle District Court's Electronic Court Filings (ECF) System

Search for this case: Stewart v. C.R. Bard, Inc. et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Ricky Stewart
Represented By: Darren McDowell
Represented By: Eric Martin Przybysz
Represented By: Steven Scott Schulte
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
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
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: McKesson Corporation
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: Shane G. Ramsey
Represented By: William W. Drinkwater
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
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
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Does 1 through 100, Inclusive
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?