Stewart v. C.R. Bard, Inc. et al
| Ricky Stewart |
| Bard Peripheral Vascular Incorporated, McKesson Corporation, C.R. Bard, Inc. and Does 1 through 100, Inclusive |
| 3:2020cv00734 |
| August 28, 2020 |
| US District Court for the Middle District of Tennessee |
| 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 25, 2020. A more recent docket listing may be available from PACER.
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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)
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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)
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| Filing 37 MOTION to Substitute Attorney by Bard Peripheral Vascular Incorporated, C.R. Bard, Inc.. (Drinkwater, William) |
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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)
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| 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) |
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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)
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| 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) |
| 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) |
| Filing 31 NOTICE of Appearance by William W. Drinkwater on behalf of Bard Peripheral Vascular Incorporated, C.R. Bard, Inc., McKesson Corporation (Drinkwater, William) |
| Filing 30 NOTICE of Appearance by Shane G. Ramsey on behalf of Bard Peripheral Vascular Incorporated, C.R. Bard, Inc., McKesson Corporation (Ramsey, Shane) |
| 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) |
| 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) |
| 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) |
| 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) |
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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)
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| 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. |
| Filing 27 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt) |
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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.]
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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.]
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| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
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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 8/30/2020.]
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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 8/30/2020.]
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| 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.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from Texas Northern on 8/30/2020.] |
| 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.] |
| 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.] |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/30/2020.] |
| 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.] |
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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.]
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| 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.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 8/30/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 8/30/2020.] |
| 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.] |
| 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.] |
| 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.] |
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