Lowe v. C R Bard Inc et al
| Carolyn Lowe |
| Does 1 through 100 Inclusive, C R Bard Inc, McKesson Corporation and Bard Peripheral Vascular Inc |
| 1:2020cv01181 |
| August 19, 2020 |
| US District Court for the Western District of Tennessee |
| Jackson Office |
| S Thomas Anderson |
| Jon A York |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 9, 2020. A more recent docket listing may be available from PACER.
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| Filing 35 Mail sent to Darren McDowell re: DE#32 returned undeliverable. (mbm) |
Filing 34
ORDER GRANTING JOINT #33 MOTION TO DISMISS CLAIMS AGAINST McKESSON CORPORATON WITHOUT PREJUDICE. Signed by Chief Judge S. Thomas Anderson on 10/9/2020. (mbm)
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| Filing 33 Joint MOTION to Dismiss Plaintiff's Claims Against McKesson Corporation Without Prejudice by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation. (Drinkwater, Woods) |
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Filing 32
ORDER GRANTING WITHDRAWAL OF COUNSEL. Signed by Chief Judge S. Thomas Anderson on 9/28/2020. (mbm)
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| Filing 31 MOTION to Substitute Attorney proposed order submitted by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation. (Drinkwater, Woods) |
| Filing 30 NOTICE of Appearance by Woods Drinkwater on behalf of Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Drinkwater, Woods) |
| Filing 29 NOTICE of Appearance by Shane Gibson Ramsey on behalf of Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Ramsey, Shane) |
| Filing 28 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (skc) |
| Filing 27 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (skc) |
| Filing 26 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (skc) |
| Filing 25 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02297. Original file certified copy of transfer order and docket sheet received. (Additional attachment(s) added on 8/19/2020: #2 Judge Card) (skc). |
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Filing 24
Memorandum Opinion and Order re: #21 Unopposed Amended Motion to Sever and Transfer Venue of Out-of-State Plaintiffs' Cases. The Court GRANTS the Motion and directs the Clerk of the Court to sever and transfer this action as follows: a. Plaintiff Clyde Carr's case be severed and transferred to the Durham Division of the Middle District of North Carolina (Civil case 3:20-cv-2293-S opened); b. Plaintiff Rebecca Copperthtie's case be severed and transferred to the Richmond Division of the Eastern District of Virginia (Civil case 3:20-cv-2294-S opened); c. Plaintiff George Fenwick's case be severed and transferred to the Fargo Division of the District of North Dakota (Civil case 3:20-cv-2295-S opened); d. Plaintiff Bettye Floyd's case be severed and transferred to the Southern Division of the Northern District of Alabama (Civil case 3:20-cv-2296-S opened); e. Plaintiff Carolyn Lowe's case be severed and transferred to the Jackson Division of the Western District of Tennessee (Civil case 3:20-cv-2297-S opened); f. Plaintiff Janet Nacham's case be severed and transferred to the Erie Division of the Western District of Pennsylvania (Civil case 3:20-cv-2298-S opened); g. Plaintiff Jason Newcomb's case be severed and transferred to the Lynchburg Division of the Western District of Virginia (Civil case 3:20-cv-2299-S opened); h. Plaintiff Alethea Thomas's case be severed and transferred to the Memphis Division of the Western District of Tennessee (Civil case 3:20-cv-2300-S opened); i. Plaintiff Lela Tunstall's case be severed and transferred to the Mobile Division of the Southern District of Alabama (Civil case 3:20-cv-2301-S opened). Plaintiff Jane Stewart 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 8/18/2020) (ykp) Modified on 8/18/2020 (axm). [Transferred from Texas Northern on 8/19/2020.]
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| Filing 23 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 22 Brief/Memorandum in Support filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall re #21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 20 Appendix in Support filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall re #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 19 Brief/Memorandum in Support filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall re #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 17 RESPONSE filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall re: #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 15 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
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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 8/19/2020.]
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| Filing 13 Agreed MOTION to Extend Time Extension to time resp/reply filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall (Attachments: #1 Proposed Order) (Przybysz, Eric) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 12 replaced with flattened document on 6/18/2020) (awc). [Transferred from Texas Northern on 8/19/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
| 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 8/19/2020.] |
| 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 8/19/2020.] |
| 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 8/19/2020.] |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc identifying Corporate Parent/Other Affiliate Becton, Dickinson and Company for C R Bard Inc. (Matthews, Melissa) Modified corporate parent on 6/12/2020 (mla). [Transferred from Texas Northern on 8/19/2020.] |
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Filing 5
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 6/10/2020) (chmb) [Transferred from Texas Northern on 8/19/2020.]
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| 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. (oyh) [Transferred from Texas Northern on 8/19/2020.] |
| 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 8/19/2020.] |
| 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 8/19/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10904112) 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 - Jury Demand, #11 Exhibit(s) D-5 - Citation Issued to Bard Peripheral Vascular, Inc., #12 Exhibit(s) D-6 - Citation Issued to C.R. Bard, #13 Exhibit(s) D-7 - Citation Issued to McKesson Corp, #14 Exhibit(s) D-8 - Affidavit of Service - McKesson, #15 Exhibit(s) D-9 - Return of Service - C.R. Bard, #16 Exhibit(s) D-10 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.] |
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