Prescott v. C. R. Bard, Inc. et al
| Nancy Prescott |
| McKesson Corporation, C R Bard Inc, Does 1 through 100, Inclusive, Bard Peripheral Vascular, Inc. and C. R. Bard, Inc. |
| 3:2020cv00749 |
| September 2, 2020 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| 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 24, 2020. A more recent docket listing may be available from PACER.
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Filing 42
ORDER granting #41 : 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 09/24/2020.
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| TN State Bar status verified as active for Joey P. Leniski, Jr admitted to this court. (dt) |
| Filing 41 MOTION for attorney Steve Schulte to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3221586) by Nancy Prescott. (Leniski, Joey) |
| Filing 40 NOTICE of Appearance by Joey P. Leniski, Jr on behalf of Nancy Prescott (Leniski, Joey) |
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Filing 39
ORDER: 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 #38 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 to 1/5/2021 at 2:00 pm to be held in Chambers 825. Signed by District Judge Aleta A. Trauger on 9/23/2020. (kc)
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| Filing 38 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 37
ORDER: Pursuant to the Joint Statement Regarding Pending Motions #34 , it is hereby ORDERED that the Clerk shall term the Motion to Dismiss for Lack of Jurisdiction filed by the Bard defendants #2 as moot. Signed by District Judge Aleta A. Trauger on 9/17/2020. (dt)
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Filing 36
ORDER granting #34 Motion to Dismiss Plaintiff's claims against McKesson Corporation without prejudice. Signed by District Judge Aleta A. Trauger on 9/16/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 35 JOINT Statement Regarding Pending Motions filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc., McKesson Corporation in support of #33 Order,, Terminate Hearings,, Set Hearings,. (Drinkwater, William) |
| Filing 34 Joint MOTION to Dismiss Plaintiff's Claims Against McKesson Corporation Without Prejudice by Bard Peripheral Vascular, Inc., C. R. Bard, Inc., McKesson Corporation. (Drinkwater, William) |
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Filing 33
ORDER: The initial case management conference scheduled for November 2, 2020 is hereby RESET for October 5, 2020 at 3:30 p.m. The initial case management conference will take place telephonically. It is further ORDERED that, by September 24, 2020, the parties shall file a joint statement. 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 32
ORDER granting #31 Motion to Substitute Attorney. Signed by District Judge Aleta A. Trauger on 9/10/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) Modified on 9/10/2020 (kc).
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| Filing 31 MOTION to Substitute Attorney by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Drinkwater, William) |
| TN State Bar status verified as active for Shane G. Ramsey, William W. Drinkwater. (kc) |
| Filing 30 NOTICE of Appearance by William W. Drinkwater on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Drinkwater, William) |
| Filing 29 NOTICE of Appearance by Shane G. Ramsey on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Ramsey, Shane) |
| Filing 28 NOTICE of Initial Case Management Conference set for 11/2/2020 at 01:00 PM in Chambers 825 before District Judge Aleta A. Trauger. (kc) Modified on 9/8/2020 (kc). Modified on 10/2/2020 (kc). |
| Filing 27 Case transferred in from the District of Texas Northern; Case Number 3:20-cv-02737. 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. (kc) |
| 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 9/23/2020. (kc) |
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Filing 26
MEMORANDUM OPINION AND ORDER granting #20 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 Maydelin Espinoza's case be severed and transferred to the Miami Division of the Southern District of Florida (Civil case 3:20-cv-2725 opened); b. Plaintiff Ana Gomez's case be severed and transferred to the Fort Myers Division of the Middle District of Florida (Civil case 3:20-cv-2726 opened); c. Plaintiff Merrylene Green's case be severed and transferred to the Jacksonville Division of the Middle District of Florida (Civil case 3:20-cv-2727 opened); d. Plaintiff Phillip Grimes's case be severed and transferred to the Louisville Division of the Western District of Kentucky (Civil case 3:20-cv-2728 opened); e. Plaintiff Pamela Hale's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (Civil case 3:20-cv-2729 opened); f. Plaintiff Saladeem Hines's case be severed and transferred to the Manhattan Division of the Southern District of New York (Civil case 3:20-cv-2730 opened); g. Plaintiff Bridgette Ismond's case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil case 3:20-cv-2731 opened); h. Plaintiff Spencer Knowles's case be severed and transferred to the Muskogee Division of the Eastern District of Oklahoma (Civil case 3:20-cv-2732 opened); i. Plaintiff Samantha Mlsna's case be severed and transferred to the Madison Division of the Western District of Wisconsin (Civil case 3:20-cv-2733 opened); j. Plaintiff Kenneth Moore's case be severed and transferred to the Kansas City Division of the District of Kansas (Civil case 3:20-cv-2734 opened); k. Plaintiff Vandlean Mosier's case be severed and transferred to the Sacramento Division of the Eastern District of California (Civil case 3:20-cv-2735 opened); l. Plaintiff Albert Noel's case be severed and transferred to the Eastern District of Louisiana (Civil case 3:20-cv-2736 opened); m. Plaintiff Nancy Prescott's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2737 opened); n. Plaintiff John Reynold's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil case 3:20-cv-2738 opened); o. Plaintiff Eddie Tate's case be severed and transferred to the Chattanooga Division of the Eastern District of Tennessee (Civil case 3:20-cv-2740 opened); p. Plaintiff Melba Wooten's case be severed and transferred to the Waycross Division of the Southern District of Georgia (Civil case 3:20-cv-2741 opened). Plaintiff Vickie Ingram 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 8/31/2020) (jmg) Modified text and linkage on 9/2/2020 (axm). [Transferred from Texas Northern on 9/2/2020.]
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| Filing 25 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #24 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Jarreau, Jordan) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 24 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Albert Noel (Schulte, Steven) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 23 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 22 Appendix in Support filed by Maydelin Espinosa, Ana Gomez, Merrylene Green, Phillip Grimes, Pamela Hale, Saladeem Hines, Vicke Ingram, Bridgette Ismond, Spencer Knowles, Samantha Mlsna, Kenneth Moore, Vandlean Mosier, Albert Noel, Nancy Prescott, John Reynolds, Eddie Tate, Melba Wooten re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 21 Brief/Memorandum in Support filed by Maydelin Espinosa, Ana Gomez, Merrylene Green, Phillip Grimes, Pamela Hale, Saladeem Hines, Vicke Ingram, Bridgette Ismond, Spencer Knowles, Samantha Mlsna, Kenneth Moore, Vandlean Mosier, Albert Noel, Nancy Prescott, John Reynolds, Eddie Tate, Melba Wooten re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Maydelin Espinosa, Ana Gomez, Merrylene Green, Phillip Grimes, Pamela Hale, Saladeem Hines, Vicke Ingram, Bridgette Ismond, Spencer Knowles, Samantha Mlsna, Kenneth Moore, Vandlean Mosier, Albert Noel, Nancy Prescott, John Reynolds, Eddie Tate, Melba Wooten (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 19 RESPONSE filed by Maydelin Espinosa, Ana Gomez, Merrylene Green, Phillip Grimes, Pamela Hale, Saladeem Hines, Vicke Ingram, Bridgette Ismond, Spencer Knowles, Samantha Mlsna, Kenneth Moore, Vandlean Mosier, Albert Noel, Nancy Prescott, John Reynolds, Eddie Tate, Melba Wooten re: #2 MOTION to Dismiss the Out-Of State Plaintiffs' Claims for Lack of Personal Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 18 NOTICE of Filing Completed Forms For Each Plaintiff filed by Maydelin Espinosa, Ana Gomez, Merrylene Green, Phillip Grimes, Pamela Hale, Saladeem Hines, Vicke Ingram, Bridgette Ismond, Spencer Knowles, Samantha Mlsna, Kenneth Moore, Vandlean Mosier, Albert Noel, Nancy Prescott, John Reynolds, Eddie Tate, Melba Wooten (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #16 Order, filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from Texas Northern on 9/2/2020.] |
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Filing 16
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 7/22/2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (oyh) [Transferred from Texas Northern on 9/2/2020.]
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Filing 15
ORDER: The Court grants the parties' Agreed Motion for Leave to Extend the Time for Plaintiff to File Responses to Defendants' Motions to Dismiss and Defendants' Replies to Those Responses [ECF No. #13 ]. Plaintiffs shall respond to Defendants' Motion to Dismiss by 8/27/2020. Defendants shall file their reply, if any, by 9/26/2020. (Ordered by Judge Karen Gren Scholer on 7/9/2020) (ndt) [Transferred from Texas Northern on 9/2/2020.]
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| Filing 14 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 14 replaced with the flattened document on 7/10/2020) (pnp). [Transferred from Texas Northern on 9/2/2020.] |
| Filing 13 MOTION for Extension of Time to File Response/Reply to #11 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #2 MOTION to Dismiss the Out-Of State Plaintiffs' Claims for Lack of Personal Jurisdiction, #12 Brief/Memorandum in Support of Motion, #3 Brief/Memorandum in Support of Motion filed by Maydelin Espinosa, Ana Gomez, Merrylene Green, Phillip Grimes, Pamela Hale, Saladeem Hines, Vicke Ingram, Bridgette Ismond, Spencer Knowles, Samantha Mlsna, Kenneth Moore, Vandlean Mosier, Albert Noel, Nancy Prescott, John Reynolds, Eddie Tate, Melba Wooten (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 12 Brief/Memorandum in Support filed by McKesson Corporation re #11 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 11 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 9/2/2020.] |
| 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 9/2/2020.] |
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Filing 8
ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge Jane J. Boyle no longer assigned to case. (Ordered by Judge Jane J. Boyle on 7/2/2020) (oyh) [Transferred from Texas Northern on 9/2/2020.]
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| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) (Main Document 7 replaced with flattened document on 7/6/2020) (pnp). [Transferred from Texas Northern on 9/2/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Matthews, Melissa) (Main Document 6 replaced with flattened document on 7/6/2020) (pnp). [Transferred from Texas Northern on 9/2/2020.] |
| Filing 5 AMENDED DOCUMENT by Bard Peripheral Vascular Inc, C R Bard Inc. Amendment to #1 Notice of Removal,,,,,,,. . (Attachments: #1 Cover Sheet Supplement, #2 Cover Sheet Supplement, #3 Exhibit(s) A - Portion of REACH Agreement, #4 Exhibit(s) B - McKesson Corporation, #5 Exhibit(s) C - 8-30-2016 Romney, Kim Deposition, #6 Exhibit(s) D - Index of State Court Documents, #7 Exhibit(s) D-1 - State Court Docket, #8 Exhibit(s) D-2 - P's Original Petition & Jury Demand, #9 Exhibit(s) D-3 - Civil Case Info Sheet, #10 Exhibit(s) D-4 - Citation Issued to Bard Peripheral Vascular, Inc., #11 Exhibit(s) D-5 - Citation Issued to C. R. Bard, Inc., #12 Exhibit(s) D-6 - Citation Issued to McKesson Corporation, #13 Exhibit(s) D-7 - Return of Service - C. R. Bard, Inc., #14 Exhibit(s) D-8 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) (Attachment 1 and 2 replaced with the flattened document on 7/2/2020) (pnp). [Transferred from Texas Northern on 9/2/2020.] |
| 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. (hml) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 3 Brief/Memorandum in Support filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. re #2 MOTION to Dismiss the Out-Of State Plaintiffs' Claims for Lack of Personal Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 2 MOTION to Dismiss the Out-Of State Plaintiffs' Claims for Lack of Personal Jurisdiction filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. (Matthews, Melissa) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc.. (Filing fee $400; receipt number 0539-10960987) 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 - 8-30-2016 Romney, Kim Deposition, #6 Exhibit(s) D - Index of State Court Documents, #7 Exhibit(s) D-1 - State Court Docket, #8 Exhibit(s) D-2 - P's Orig Petition & Jury Demand, #9 Exhibit(s) D-3 - Civil Case Info Sheet, #10 Exhibit(s) D-4 - Citation Issued to Bard Peripheral Vascular, Inc., #11 Exhibit(s) D-5 - Citation Issued to C. R. Bard, Inc., #12 Exhibit(s) D-6 - Citation Issued to McKesson Corporation, #13 Exhibit(s) D-7 - Return of Service - C. R. Bard, Inc., #14 Exhibit(s) D-8 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from Texas Northern on 9/2/2020.] (vh). |
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