Kerby v. C.R. Bard, Inc., et al
| Theresa Kerby |
| McKesson Corporation, C.R. Bard, Inc., Does 1 through 100, Inclusive and Bard Peripheral Vascular, Inc. |
| 3:2020cv00756 |
| September 3, 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 30, 2020. A more recent docket listing may be available from PACER.
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Filing 47
ORDER granting #46 : 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 09/30/2020.(vk)
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| TN State Bar status verified as active for Joey P. Leniski, Jr admitted to this court. TX State Bar status previously verified as active for Steven Scott Schulte. (mg) |
| Filing 46 MOTION for attorney Steve Schulte to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3222068) by Theresa Kerby. (Leniski, Joey) |
| Filing 45 NOTICE of Appearance by Joey P. Leniski, Jr on behalf of Theresa Kerby (Leniski, Joey) |
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Filing 44
ORDER STAYING CASE: 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 #43 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. Signed by District Judge Aleta A. Trauger on 9/23/2020. (mg)
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| Filing 43 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 42
ORDER: Pursuant to the Joint Statement Regarding Pending Motions (Doc. No. #39 ), it is hereby ORDERED that the Clerk shall term the Motion to Dismiss for Lack of Jurisdiction filed by the Bard defendants (Doc. No. #2 ) as moot. Signed by District Judge Aleta A. Trauger on 9/17/2020. (mg)
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Filing 41
ORDER: Motion #39 is GRANTED to Dismiss Plaintiff's Claims Against McKesson Corporation. McKesson Corporation terminated. Signed by District Judge Aleta A. Trauger on 9/16/2020. (mg)
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| Filing 40 JOINT Statement Regarding Pending Motions filed by Bard Peripheral Vascular, Inc., C.R. Bard, Inc., McKesson Corporation in support of #38 Order Terminate Hearings, Set Hearings. (Drinkwater, William) Modified on 9/17/2020 (mg). |
| Filing 39 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 38
ORDER: It is hereby ORDERED that the initial case management conference scheduled for October 19, 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, informing the court whether any motions filed in the Northern District of Texas still remain pending for decision by this court or whether they may be termed by the Clerk as moot. Signed by District Judge Aleta A. Trauger on 9/11/2020. (mg)
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Filing 37
ORDER granting #36 Motion to Substitute Attorney. Shane G. Ramsey and Woods Drinkwater are now counsel for Defendants C.R. Bard Incorporated, Bard Peripheral Vascular Incorporated, and McKesson Corporation. Melissa Dorman Matthews and Jordan E. Jarreau of Hartline Barger LLP, have withdrawn as counsel from this matter. Signed by District Judge Aleta A. Trauger on 9/10/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) Modified on 9/10/2020 (mg).
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| Filing 36 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, and William W. Drinkwater. (mg) |
| Filing 35 NOTICE of Appearance by William W. Drinkwater on behalf of Bard Peripheral Vascular, Inc., C.R. Bard, Inc., McKesson Corporation (Drinkwater, William) |
| Filing 34 NOTICE of Appearance by Shane G. Ramsey on behalf of Bard Peripheral Vascular, Inc., C.R. Bard, Inc., McKesson Corporation (Ramsey, Shane) |
| Filing 33 NOTICE of Initial Case Management Conference set for 10/19/2020 at 03:30 PM in Chambers 825 before District Judge Aleta A. Trauger. (mg) |
| Filing 32 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg) |
| Filing 31 NOTICE of Business Entity Disclosure Statement filing requirement. (mg) |
| Filing 30 Case transferred in from the District of Texas Northern; Case Number 3:20-cv-02616. 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, Darren McDowell not admitted to this court - Local counsel required. (mg) |
| 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 9/24/2020. (mg) |
| 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 9/24/2020. (mg) |
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Filing 29
MEMORANDUM OPINION AND ORDER granting #23 Unopposed Amended 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 Phyllis Bennett's case be severed and transferred to the Binghamton Division of the Northern District of New York (Civil case 3:20-cv-2612-S opened); b. Plaintiff Winifred Dean's case be severed and transferred to the Eastern Division of the Northern District of Illinois (Civil case 3:20-cv-2613-S opened); c. Plaintiff Keena Hodge's case be severed and transferred to the Chattanooga Division of the Eastern District of Tennessee (Civil case 3:20-cv-2614-S opened); d. Plaintiff Loretta Hunter's case be severed and transferred to the Western Division of the Northern District of Alabama (Civil case 3:20-cv-2615-S opened);e. Plaintiff Theresa Kerby's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2616-S opened); f. Plaintiff Richard Lawrence's case be severed and transferred to the Akron Division of the Northern District of Ohio (Civil case 3:20-cv-2617-S opened); g. Plaintiff Maurice Mack's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil case 3:20-cv-2618-S opened); and h. Plaintiff Cindy Oxenreider's case be severed and transferred to the Harrisburg Division of the Middle District of Pennsylvania (Civil case 3:20-cv-2619-S opened). Plaintiff Jose Reyes 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 8/31/2020) (axm) [Transferred from Texas Northern on 9/3/2020.]
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| Filing 28 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division , #27 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 27 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Keena Hodge (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
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Filing 26
ORDER: Pursuant to the parties' agreement, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Denise Shimonis's claims against Defendants. The parties shall bear their own costs. Party Denise Shimonis terminated. (Ordered by Judge Karen Gren Scholer on 8/19/2020) (axm) [Transferred from Texas Northern on 9/3/2020.]
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| Filing 25 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division , #23 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 24 Brief/Memorandum in Support filed by Phyllis Bennett, Winifred Dean, Keena Hodge, Loretta Hunter, Theresa Kerby, Richard Lawrence, Maurice Mack, Cindy Oxenreider, Jose Reyes, Denise Shimonis re #23 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 23 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Phyllis Bennett, Winifred Dean, Keena Hodge, Loretta Hunter, Theresa Kerby, Richard Lawrence, Maurice Mack, Cindy Oxenreider, Jose Reyes, Denise Shimonis (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 22 Appendix in Support filed by Phyllis Bennett, Winifred Dean, Keena Hodge, Loretta Hunter, Theresa Kerby, Richard Lawrence, Maurice Mack, Cindy Oxenreider, Denise Shimonis 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 9/3/2020.] |
| Filing 21 Brief/Memorandum in Support filed by Phyllis Bennett, Winifred Dean, Keena Hodge, Loretta Hunter, Theresa Kerby, Richard Lawrence, Maurice Mack, Cindy Oxenreider, Denise Shimonis 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 9/3/2020.] |
| Filing 20 **DISREGARD - Duplicate filing.** Brief/Memorandum in Support filed by Phyllis Bennett, Winifred Dean, Keena Hodge, Loretta Hunter, Theresa Kerby, Richard Lawrence, Maurice Mack, Cindy Oxenreider, Denise Shimonis re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Attachments: #1 Proposed Order) (Schulte, Steven) Modified on 8/4/2020 (dsr). [Transferred from Texas Northern on 9/3/2020.] |
| Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division filed by Phyllis Bennett, Winifred Dean, Keena Hodge, Loretta Hunter, Theresa Kerby, Richard Lawrence, Maurice Mack, Cindy Oxenreider, Denise Shimonis (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 18 RESPONSE AND OBJECTION filed by Phyllis Bennett, Winifred Dean, Keena Hodge, Loretta Hunter, Theresa Kerby, Richard Lawrence, Maurice Mack, Cindy Oxenreider, Jose Reyes, Denise Shimonis re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Phyllis Bennett, Winifred Dean, Keena Hodge, Loretta Hunter, Theresa Kerby, Richard Lawrence, Maurice Mack, Cindy Oxenreider, Jose Reyes, Denise Shimonis (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
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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 9/3/2020.]
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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 9/3/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction filed by Phyllis Bennett, Winifred Dean, Keena Hodge, Loretta Hunter, Theresa Kerby, Richard Lawrence, Maurice Mack, Cindy Oxenreider, Jose Reyes, Denise Shimonis (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 10 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 9/3/2020.] |
| Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
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Filing 7
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 6/15/2020) (svc) [Transferred from Texas Northern on 9/3/2020.]
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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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
| 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 9/3/2020.] |
| 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 9/3/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10912048) 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 - Citation Issued to Bard Peripheral Vascular, Inc., #11 Exhibit(s) D-5 - Citation Issued to C.R. Bard, #12 Exhibit(s) D-6 - Citation Issued to McKesson Corp., #13 Exhibit(s) D-7 - Affidavit of Service - McKesson, #14 Exhibit(s) D-8 - Return of Service - C.R.Bard, #15 Exhibit(s) D-9 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from Texas Northern on 9/3/2020.] |
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