Comer v. C R Bard Inc et al
| Jerry Comer |
| Does 1 through 100 Inclusive, C R Bard Inc, McKesson Corporation and Bard Peripheral Vascular Inc |
| 1:2020cv01199 |
| September 2, 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 September 30, 2020. A more recent docket listing may be available from PACER.
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Filing 38
AMENDED ORDER GRANTING JOINT #34 MOTION TO DISMISS WITHOUT PREJUDICE. Signed by Chief Judge S. Thomas Anderson on 9/30/2020. (mbm)
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Filing 37
WITHDRAWN per DE#38 Order. JUDGMENT. Signed by Chief Judge S. Thomas Anderson on 9/29/2020. (mbb) Modified on 9/30/2020 (mbm).
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Filing 36
ORDER GRANTING JOINT #34 MOTION TO DISMISS WITHOUT PREJUDICE. Signed by Chief Judge S. Thomas Anderson on 9/28/2020. (mbm)
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Filing 35
ORDER GRANTING #33 MOTION FOR WITHDRAWAL AND SUBSTITUTION OF COUNSEL. Signed by Chief Judge S. Thomas Anderson on 9/25/2020. (mbm)
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| 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, Woods) |
| Filing 33 MOTION to Substitute Attorney proposed order submitted by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation. (Drinkwater, Woods) |
| Filing 32 NOTICE of Appearance by Woods Drinkwater on behalf of Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Drinkwater, Woods) |
| Filing 31 NOTICE of Appearance by Shane Gibson Ramsey on behalf of Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Ramsey, Shane) |
| Filing 30 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 (mbm) |
| Filing 29 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 (mbm) |
| Filing 28 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 (mbm) |
| Filing 27 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02710. Original file certified copy of transfer order and docket sheet received. (Additional attachment(s) added on 9/2/2020: #2 Judge Card) (skc). |
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Filing 26
Memorandum Opinion and Order Grants #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 James Arrowood's case be severed and transferred to the San Antonio Division of the Western District of Texas (3:20-cv-2708 case opened); b. Plaintiff Morgan Blevins's case be severed and transferred to the Chattanooga Division of the Eastern District of Tennessee (3:20-cv-2709 case opened); c. Plaintiff Jerry Comer's case be severed and transferred to the Eastern Division of the Western District of Tennessee (3:20-cv-2710 case opened); d. Plaintiff Michael Curry's case be severed and transferred to the Philadelphia Division of the Eastern District of Pennsylvania (3:20-cv-2711 case opened); e. Plaintiff Charlotte Dorsey's case be severed and transferred to the Northern Division of the District of Maryland (3:20-cv-2712 case opened); f. Plaintiff LaVerne Hazley's case be severed and transferred to the Alexandria Division of the Eastern District of Virginia (3:20-cv-2713 case opened); g. Plaintiff Gina Hill's case be severed and transferred to the Northern Division of the Middle District of Alabama (3:20-cv-2714 case opened); h. Plaintiff Steve Hoffman's case be severed and transferred to the Florence Division of the District of South Carolina (3:20-cv-2715 case opend); i. Plaintiff Kanitha Jones's case be severed and transferred to the Western Division of the Western District of Tennessee (3:20-cv-2716 case opened); j. Plaintiff Paulette Leaphart's case be severed and transferred to the Newport News Division of the Eastern District of Virginia (3:20-cv-2717 case opened); k. Plaintiff Gertha McKenna's case be severed and transferred to the Pittsburgh Division of the Western District of Pennsylvania (3:20-cv-2718 case opened); l. Plaintiff Prince Scott Williams's case be severed and transferred to the Tampa Division of the Middle District of Florida (3:20-cv-2719 case opened); m. Plaintiff Verrell Wyman's case be severed and transferred to the Tampa Division of the Middle District of Florida (3:20-cv-2720 case opened); n. Plaintiff Richard Yohn's case be severed and transferred to the Boston Division of the District of Massachusetts (3:20-cv-2721 case opened); o. Plaintiff Nathan Young's case be severed and transferred to the Chicago Division of the Northern District of Illinois (3:20-cv-2722); p. Plaintiff Karon Zulewski's case be severed and transferred to the Southern Division of the Eastern District of Michigan (3:20-cv-2723 case opened); q. Plaintiff Scott Zuzek's case be severed and transferred to the Wilkes Barre Division of the Middle District of Pennsylvania (3:20-cv-2724 case opened). Plaintiff Danny Wheeler 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) (mjr) [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: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #24 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [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 Paulette Leaphart (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 James Arrowood, Morgan Blevins, Jerry Comer, Michael Curry, Charlotte Dorsey, Laverne Hazley, Gina Hill, Steven Hoffman, Kanitha Jones, Paulette Leaphart, Gertha McKenna, Danny Wheeler, Scott Wilson, Verrell Wyman, Richard Yohn, Nathan Young, Karon Zulewski, Scott Zuzek 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 James Arrowood, Morgan Blevins, Jerry Comer, Michael Curry, Charlotte Dorsey, Laverne Hazley, Gina Hill, Steven Hoffman, Kanitha Jones, Paulette Leaphart, Gertha McKenna, Danny Wheeler, Scott Wilson, Verrell Wyman, Richard Yohn, Nathan Young, Karon Zulewski, Scott Zuzek 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 James Arrowood, Morgan Blevins, Jerry Comer, Michael Curry, Charlotte Dorsey, Laverne Hazley, Gina Hill, Steven Hoffman, Kanitha Jones, Paulette Leaphart, Gertha McKenna, Danny Wheeler, Scott Wilson, Verrell Wyman, Richard Yohn, Nathan Young, Karon Zulewski, Scott Zuzek (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 19 RESPONSE filed by James Arrowood, Morgan Blevins, Jerry Comer, Michael Curry, Charlotte Dorsey, Laverne Hazley, Gina Hill, Steven Hoffman, Kanitha Jones, Paulette Leaphart, Gertha McKenna, Danny Wheeler, Scott Wilson, Verrell Wyman, Richard Yohn, Nathan Young, Karon Zulewski, Scott Zuzek re: #2 MOTION to Dismiss the Out-Of State Plaintiffs' Claims for Lack of Personal Jurisdiction, #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 9/2/2020.] |
| Filing 18 NOTICE of Filing Completed Forms for Each Plaintiff re: #16 Order, filed by James Arrowood, Morgan Blevins, Jerry Comer, Michael Curry, Charlotte Dorsey, Laverne Hazley, Gina Hill, Steven Hoffman, Kanitha Jones, Paulette Leaphart, Gertha McKenna, Danny Wheeler, Scott Wilson, Verrell Wyman, Richard Yohn, Nathan Young, Karon Zulewski, Scott Zuzek (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (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 before7/22/2020. (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 toFile 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 flattened document on 7/13/2020) (pnp). [Transferred from Texas Northern on 9/2/2020.] |
| Filing 13 MOTION for Extension of Time to File Response/Reply to #3 Brief/Memorandum in Support of Motion, #2 MOTION to Dismiss the Out-Of State Plaintiffs' Claims for Lack of Personal Jurisdiction, #9 Brief/Memorandum in Support of Motion, #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by James Arrowood, Morgan Blevins, Jerry Comer, Michael Curry, Charlotte Dorsey, Laverne Hazley, Gina Hill, Steven Hoffman, Kanitha Jones, Paulette Leaphart, Gertha McKenna, Danny Wheeler, Scott Wilson, Verrell Wyman, Richard Yohn, Nathan Young, Karon Zulewski, Scott Zuzek (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/2/2020.] |
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Filing 12
ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge Sam A. Lindsay no longer assigned to case. (Ordered by Judge Sam A. Lindsay on 7/8/2020) (svc) [Transferred from Texas Northern on 9/2/2020.]
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| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand 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 Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) [Transferred from Texas Northern on 9/2/2020.] |
| 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 9/2/2020.] |
| 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 9/2/2020.] |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) (Main Document 7 replaced with the 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 C R Bard Inc, Bard Peripheral Vascular Inc. Amendment to #1 Notice of Removal,,,,,,,. . (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 Original Petition & Jury Demand, #9 Exhibit(s) D-3 - Civil Case Info Sheet, #10 Exhibit(s) D-4 - Citation Issued to Bard Peripheral Vaascular, 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 - Notice of Dismissal Hearing, #14 Exhibit(s) D-8 - Return of Service - C. R. Bard, Inc., #15 Exhibit(s) D-9 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) (Attachment 1 & 2 replaced with the flattened document on 7/6/2020) (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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (oyh) [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 C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10961311) 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 Original Petition and 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 - Notice of Dismissal Hearing, #14 Exhibit(s) D-8 - Return of Service - C. R. Bard, Inc., #15 Exhibit(s) D-9 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from Texas Northern on 9/2/2020.] |
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