Bell v. C R Bard Inc et al
| Michael Bell |
| McKesson Corporation, C R Bard Inc, Bard Peripheral Vascular Incorporated and Does 1 through 100 Inclusive |
| 3:2020cv02183 |
| August 17, 2020 |
| US District Court for the Northern District of Texas |
| Karen Gren Scholer |
| Torts/Pers Inj: Product Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Case transferred from NDTX has been opened in Northern District of Georgia, Atlanta Division as case number 1:20-cv-03418. (mla) |
Filing 25
ORDER granting #20 Unopposed 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 Joseph Abell's case be severed and transferred to the Baltimore Division of the District of Maryland (Civil case 3:20-cv-2182 opened); b. Plaintiff Michael Bell's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil case 3:20-cv-2183 opened); c. Plaintiff Scott German's case be severed and transferred to the Toledo Division of the Northern District of Ohio (Civil case 3:20-cv-2184 opened); d. Plaintiff Marie Leonard's case be severed and transferred to the Raleigh Division of the Eastern District of North Carolina (Civil case 3:20-cv-2185 opened); e. Plaintiff Wilhemenia Lindsey's case be severed and transferred to the Columbus Division of the Southern District of Ohio (Civil case 3:20-cv-2186 opened); f. Plaintiff Annie Walker's case be severed and transferred to the Ann Arbor Division of the Eastern District of Michigan (Civil case 3:20-cv-2187 opened); g. Plaintiff Loreta Windmyer's case be severed and transferred to the Dayton Division of the Southern District of Ohio (Civil case 3:20-cv-2188 opened); h. Plaintiff Cathy Wilburn's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (Civil case 3:20-cv-2189 opened); i. Plaintiff Cynthia Hughes's case be severed and transferred to the Chattanooga Division of the Eastern District of Tennessee (Civil case 3:20-cv-2190 opened). Plaintiff Manuela Gonzalez 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 8/17/2020) (jmg)
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| Interdistrict Transfer to Northern District of Georgia, Atlanta Division; notice sent via email. All documents available electronically. If receiving court cannot upload, documents are available from PACER (record does not contain restricted documents). Counsel advised to file future documents in Northern District of Georgia, Atlanta Division. (jmg) |
| Filing 24 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) |
| Filing 23 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) |
| Filing 22 Appendix in Support filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) |
| Filing 21 Brief/Memorandum in Support filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) |
| Filing 20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn (Schulte, Steven) |
| Filing 19 RESPONSE filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn re: #9 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #3 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) |
| Filing 18 NOTICE of Filing Completed Forms for Each Plaintiff re: #16 Order, filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn (Attachments: #1 Exhibit(s)) (Schulte, Steven) |
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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 July 22, 2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (ndt)
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Filing 15
ELECTRONIC ORDER: The Court grants the parties' Agreed Motion for Extension of Time. (Ordered by Judge Karen Gren Scholer on 7/1/2020) (ctf)
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| Filing 14 MOTION for Extension of Time to File Response/Reply to #9 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #3 MOTION to Dismiss for Lack of Jurisdiction filed by Joseph Abell, Michael Bell, Scott German, Manuela Gonzalez, Cynthia Hughes, Marie Leonard, Wilhemenia Lindsey, Annie Walker, Loreta Widmyer, Cathy Wilburn (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
| Filing 13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 13 replaced to flatten image on 6/15/2020) (dsr). |
| Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) |
| Filing 10 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) |
| Filing 9 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) |
| Filing 8 AMENDED DOCUMENT by Bard Peripheral Vascular Inc. Amendment to #6 Cert. Of Interested Persons/Disclosure Statement. . (Matthews, Melissa) (Main Document 8 replaced with flattened document on 6/12/2020) (ykp). |
| Filing 7 AMENDED DOCUMENT by C R Bard Inc. Amendment to #5 Cert. Of Interested Persons/Disclosure Statement. . (Matthews, Melissa) (Main Document 7 replaced with flattened document on 6/12/2020) (ykp). |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) (Main Document 6 replaced with flattened document on 6/12/2020) (ykp). |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Matthews, Melissa) (Main Document 5 replaced with flattened document on 6/12/2020) (ykp). |
| Filing 4 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, C R Bard Inc, Does 1 through 100 inclusive, McKesson Corporation re #3 MOTION to Dismiss for Lack of Jurisdiction (Matthews, Melissa) |
| Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc, Does 1 through 100 inclusive, McKesson Corporation (Matthews, Melissa) |
| Filing 2 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) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Bard Peripheral Vascular, Inc., Does 1 through 100 inclusive, C. R. Bard, Inc.. (Filing fee $400; receipt number 0539-10896016) 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, #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, Inc., #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, Inc., #16 Exhibit(s) D-10 - Return of Service - Bard Peripheral) (Matthews, Melissa) |
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