McCaslin v. C.R. Bard, Inc. et al
Brian McCaslin |
McKesson Corporation, C.R. Bard, Inc., Does 1 through 100, Inclusive and Bard Peripheral Vascular Incorporated |
3:2020cv00735 |
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
This docket was last retrieved on September 24, 2020. A more recent docket listing may be available from PACER.
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(DISREGARD FILED IN ERROR) NOTICE TO FILER (dt) Modified on 9/24/2020 (dt). |
Filing 41 ORDER granting #40 Joint MOTION to Stay Discovery and All Pretrial Deadline. 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. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) |
Filing 40 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) |
Filing 39 ORDER granting #38 Motion to Substitute Attorney. Signed by District Judge Aleta A. Trauger on 9/22/2020. (dt) |
Filing 38 MOTION to Substitute Attorney by Bard Peripheral Vascular Incorporated, C.R. Bard, Inc., McKesson Corporation. (Drinkwater, William) |
Filing 37 NOTICE of Appearance by William W. Drinkwater on behalf of Bard Peripheral Vascular Incorporated, C.R. Bard, Inc., McKesson Corporation (Drinkwater, William) |
Filing 36 NOTICE of Appearance by Shane G. Ramsey on behalf of Bard Peripheral Vascular Incorporated, C.R. Bard, Inc., McKesson Corporation (Ramsey, Shane) |
Filing 35 ORDER: Pursuant to the Joint Statement Regarding Pending Motions #34 , 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) |
Filing 34 JOINT Statement Regarding Pending Motions filed by Bard Peripheral Vascular Incorporated, C.R. Bard, Inc. in support of #27 Order,,. (Drinkwater, William) |
Filing 33 STIPULATION of Dismissal by Bard Peripheral Vascular Incorporated, C.R. Bard, Inc., McKesson Corporation. (Drinkwater, William) |
Filing 32 ORDER granting #31 Motion to Substitute Attorney. Attorney William W. Drinkwater and Shane G. Ramsey are terminated. Signed by District Judge Aleta A. Trauger on 9/8/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) |
Filing 31 MOTION to Substitute Attorney by Bard Peripheral Vascular Incorporated, C.R. Bard, Inc., McKesson Corporation. (Drinkwater, William) |
TX State Bar status verified as active for Melissa Dorman Matthews, Jordan E Jarreau, Eric Martin Przybysz, Steven Scott Schulte, Darren McDowell not admitted to this court - Local counsel required. (dt) |
NOTICE TO COUNSEL 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) |
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 9/29/2020. (dt) |
TN State Bar status verified as active for Shane G. Ramsey and William W. Drinkwater. (dt) |
Filing 30 NOTICE of Appearance by William W. Drinkwater on behalf of Bard Peripheral Vascular Incorporated, C.R. Bard, Inc., McKesson Corporation (Drinkwater, William) |
Filing 29 NOTICE of Appearance by Shane G. Ramsey on behalf of Bard Peripheral Vascular Incorporated, C.R. Bard, Inc., McKesson Corporation (Ramsey, Shane) |
Filing 28 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) |
Filing 27 ORDER: Upon the transfer of this case from the Northern District of Texas, it is hereby 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 9/1/2020. (kc) |
Filing 26 Case transferred in from the District of Texas Northern; Case Number 3:20-cv-02549. Original file certified copy of transfer order and docket sheet received. |
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 Theresa Beeler's case be severed and transferred to the Tulsa Division of the Northern District of Oklahoma (Civil case 3:20-cv-2545 opened); b. Plaintiff Margaret Davitt's case be severed and transferred to the New Haven Division of the District of Connecticut (Civil case 3:20-cv-2546 opened); c. Plaintiff Michael Harris's case be severed and transferred to the Central Islip Division of the Eastern District of New York (Civil case 3:20-cv-2547 opened); d. Plaintiff Sallie King's case be severed and transferred to the Valdosta Division of the Middle District of Georgia (Civil case 3:20-cv-2548 opened); e. Plaintiff Brian McCaslin's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2549 opened); f. Plaintiff James Shoop's case be severed and transferred to the Central Division of the Western District of Missouri (Civil case 3:20-cv-2550 opened); g. Plaintiff Dorothy Stamer's case be severed and transferred to the Western Division of the Southern District of Ohio (Civil case 3:20-cv-2551 opened); and h. Plaintiff Richard Wawrzyniak's case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil case 3:20-cv-2552 opened). Plaintiff Tommie Byers 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 8/27/2020) (jmg) [Transferred from Texas Northern on 8/31/2020.] |
Filing 24 ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Terry Scott's claims against Defendants. The parties shall bear their own costs. Party Terry Scott terminated. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (axm) [Transferred from Texas Northern on 8/31/2020.] |
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 8/31/2020.] |
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 8/31/2020.] |
Filing 21 Appendix in Support filed by Theresa Beeler, Margaret Davitt, Michael Harris, Sallie King, Brian McCaslin, Terry Scott, James Shoop, Dorothy Stamer, Richard Wawrzyniak 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 8/31/2020.] |
Filing 20 Brief/Memorandum in Support filed by Theresa Beeler, Margaret Davitt, Michael Harris, Sallie King, Brian McCaslin, Terry Scott, James Shoop, Dorothy Stamer, Richard Wawrzyniak 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 8/31/2020.] |
Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by Theresa Beeler, Margaret Davitt, Michael Harris, Sallie King, Brian McCaslin, Terry Scott, James Shoop, Dorothy Stamer, Richard Wawrzyniak (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/31/2020.] |
Filing 18 RESPONSE AND OBJECTION filed by Theresa Beeler, Tommie Byers, Margaret Davitt, Michael Harris, Sallie King, Brian McCaslin, Terry Scott, James Shoop, Dorothy Stamer, Richard Wawrzyniak re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/31/2020.] |
Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Theresa Beeler, Tommie Byers, Margaret Davitt, Michael Harris, Sallie King, Brian McCaslin, Terry Scott, James Shoop, Dorothy Stamer, Richard Wawrzyniak (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/31/2020.] |
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 8/31/2020.] |
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 8/31/2020.] |
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 8/31/2020.] |
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 Theresa Beeler, Tommie Byers, Margaret Davitt, Michael Harris, Sallie King, Brian McCaslin, Terry Scott, James Shoop, Dorothy Stamer, Richard Wawrzyniak (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/31/2020.] |
Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from Texas Northern on 8/31/2020.] |
Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/31/2020.] |
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 8/31/2020.] |
Filing 9 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/31/2020.] |
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 8/31/2020.] |
Filing 7 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. (hml) [Transferred from Texas Northern on 8/31/2020.] |
Filing 6 ELECTRONIC ORDER: Civil action number 3:20-CV-1535-G is hereby transferred to the docket of the Honorable Karen Gren Scholer and shall henceforth carry the suffix letter "S". (Ordered by Senior Judge A. Joe Fish on 6/11/2020) (ctf) [Transferred from Texas Northern on 8/31/2020.] |
Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 8/31/2020.] |
Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 8/31/2020.] |
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 8/31/2020.] |
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 8/31/2020.] |
Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10907842) 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 2020-04-06 Original Petition, #9 Exhibit(s) D-3 2020-04-06 Civil Case Info. Sheet, #10 Exhibit(s) D-4 2020-04-06 Jury Demand, #11 Exhibit(s) D-5 2020-04-06 Citation Issued - Bard Peripheral, #12 Exhibit(s) D-6 2020-04-06 Citation Issued - McKesson, #13 Exhibit(s) D-7 2020-04-06 Citation Issues - C.R. Bard, #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 8/31/2020.] |
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