Harper v. C.R. Bard Inc., et al
| Tammy Harper |
| McKesson Corporation, C.R. Bard Inc., Does 1 through 100, Inclusive and Bard Peripheral Vascular, Inc. |
| 3:2020cv00758 |
| September 3, 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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Filing 46
ORDER granting #45 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 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)
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| Filing 45 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 44
ORDER granting #39 : 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 09/22/2020. (vk)
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Filing 43
ORDER: Pursuant to the Joint Statement Regarding Pending Motions #40 , 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 42
ORDER granting #40 Motion to Dismiss Plaintiff's claims against McKesson Corporation without prejudice. Signed by District Judge Aleta A. Trauger on 9/16/2020. (dt)
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| Filing 41 JOINT Statement Regarding Pending Motions filed by Bard Peripheral Vascular, Inc., C.R. Bard Inc., McKesson Corporation in support of #33 Order,, Set Hearings,. (Drinkwater, William) |
| Filing 40 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) |
| Filing 39 MOTION for attorney Steve Schulte to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3214792) by Tammy Harper. (Leniski, Joey) |
| Filing 38 NOTICE of Appearance by Joey P. Leniski, Jr on behalf of Tammy Harper (Leniski, Joey) |
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Filing 37
ORDER granting #36 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 36 MOTION to Substitute Attorney by Bard Peripheral Vascular, Inc., C.R. Bard Inc., McKesson Corporation. (Drinkwater, William) |
| 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) |
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Filing 33
ORDER: Initial Case Management Conference is set for 10/5/2020 at 03:30 PM in Chambers 825 before District Judge Aleta A. Trauger. By September 18, 2020, the parties shall file a joint statement. 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)
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| Filing 32 NOTICE of Initial Case Management Conference set for 11/2/2020 at 2:00 PM in Chambers 825 before District Judge Aleta A. Trauger. (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) |
| 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 31 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt) |
| Filing 30 Case transferred in from the District of Texas Northern; Case Number 3:20-cv-02761. Original file certified copy of transfer order and docket sheet received. |
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Filing 29
MEMORANDUM OPINION AND ORDER granting #22 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 Charles Arnett's case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil case 3:20-cv-2758 opened); b. Plaintiff Hazle Chase's case be severed and transferred to the Eastern District of Louisiana (Civil case 3:20-cv-2759 opened); c. Plaintiff Patrick Fitzgerald's case be severed and transferred to the Central Division of the Eastern District of Arkansas (Civil case 3:20-cv-2760 opened); d. Plaintiff Tammy Harper's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2761 opened); e. Plaintiff Aaron Leatherwood's case be severed and transferred to the Columbus Division of the Middle District of Georgia (Civil case 3:20-cv-2762 opened); f. Plaintiff Kenny McPherson's case be severed and transferred to the Owensboro Division of the Western District of Kentucky (Civil case 3:20-cv-2763 opened); g. Plaintiff Shirley Myers's case be severed and transferred to the Pittsburgh Division of the Western District of Pennsylvania (Civil case 3:20-cv-2764 opened); and h. Plaintiff Jacqueline Rembert's case be severed and transferred to the Eastern Division of the Northern District of Ohio (Civil case 3:20-cv-2765 opened). Plaintiff Marisela Ramos 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 9/2/2020) (jmg) [Transferred from Texas Northern on 9/4/2020.]
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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, #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Jarreau, Jordan) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 27 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Patrick Fitzgerald (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
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Filing 26
Order: Pursuant to the parties' agreement, see ECF Nos. 22, 25, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Roderick Harper's claims against Defendants. The parties shall bear their own costs. All relief not expressly granted is DENIED. (Ordered by Judge Karen Gren Scholer on 8/19/2020) (ykp) [Transferred from Texas Northern on 9/4/2020.]
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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 , #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 24 Appendix in Support filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Marisela Ramos, Jacqueline Rembert re #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 23 Brief/Memorandum in Support filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Marisela Ramos, Jacqueline Rembert re #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Marisela Ramos, Jacqueline Rembert (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 21 Appendix in Support filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Jacqueline Rembert 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 9/4/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Jacqueline Rembert 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 9/4/2020.] |
| Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Jacqueline Rembert (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 18 RESPONSE AND OBJECTION filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Marisela Ramos, Jacqueline Rembert re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Marisela Ramos, Jacqueline Rembert (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| 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 9/4/2020.] |
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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 9/4/2020.]
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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 9/4/2020.]
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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 Charles Arnett, Hazle Chase, Patrick Fitzgerald, Roderick Harper, Tammy Harper, Aaron Leatherwood, Kenny McPherson, Shirley Myers, Marisela Ramos, Jacqueline Rembert (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 9/4/2020.] |
| 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 9/4/2020.] |
| 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 9/4/2020.] |
| 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 9/4/2020.] |
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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 9/4/2020.]
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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. (hml) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) [Transferred from Texas Northern on 9/4/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Matthews, Melissa) [Transferred from Texas Northern on 9/4/2020.] |
| 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 9/4/2020.] |
| 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 9/4/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10911038) 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, Inc., #12 Exhibit(s) D-6 - Citation Issued to McKesson Corp., #13 Exhibit(s) D-7 - Jury Demand, #14 Exhibit(s) D-8 - Notice of Dismissal Hearing, #15 Exhibit(s) D-9 - Affidavit of Service - McKesson, #16 Exhibit(s) D-10 - Return of Service - C.R. Bard, #17 Exhibit(s) D-11 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from Texas Northern on 9/4/2020.] |
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