Cherasard v. CR Bard Inc et al
| Bridgette Cherasard |
| CR Bard Inc, Does 1 through 100 Inclusive, Bard Peripheral Vascular Incorporated and McKesson Corporation |
| 3:2020cv02201 |
| August 17, 2020 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| 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 Southern District of Florida, Miami Division as case number 1:20-cv-23436. (mla) |
Filing 29
MEMORANDUM OPINION AND ORDER granting #24 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 John Boch's case be severed and transferred to the Flint Division of the Eastern District of Michigan (Civil case 3:20-cv-2200 opened); b. Plaintiff Bridgette Cherasard's case be severed and transferred to the Miami Division of the Southern District of Florida (Civil case 3:20-cv-2201 opened); c. Plaintiff Sherry Flowers's case be severed and transferred to the Eastern Division of the Northern District of Illinois (Civil case 3:20-cv-2202 opened); d. Plaintiff Kevin Haney's case be severed and transferred to the Spartanburg Division of the District of South Carolina (Civil case 3:20-cv-2203 opened); e. Plaintiff Dolores Hathaway's case be severed and transferred to the Benton Division of the Southern District of Illinois (Civil case 3:20-cv-2204 opened); f. Plaintiff Michelle Johnson's case be severed and transferred to the Alexandria Division of the Eastern District of Virginia (Civil case 3:20-cv-2205 opened); g. Plaintiff Trevor Sand's case be severed and transferred to the Green Bay Division of the Eastern District of Wisconsin (Civil case 3:20-cv-2206 opened); h. Plaintiff Edward Szymaszek's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (Civil case 3:20-cv-2207 opened); i. Plaintiff Fernando Lopez's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2208 opened). Plaintiff Marcus Delgado 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 Southern District of Florida, Miami 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 Southern District of Florida, Miami Division. (jmg) |
| Filing 28 RESPONSE filed by Bard Peripheral Vascular Incorporated, CR Bard Inc re: #24 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) |
| Filing 27 RESPONSE filed by Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation re: #24 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) |
| Filing 26 Appendix in Support filed by John Boch, Bridgette Cherasard, Marcus Delgado, Sherry Flowers, Kevin Haney, Dolores Hathaway, Michelle Johnson, Fernando Lopez, Trevor Sand, Edward Szymaszek re #24 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) |
| Filing 25 Brief/Memorandum in Support filed by John Boch, Bridgette Cherasard, Marcus Delgado, Sherry Flowers, Kevin Haney, Dolores Hathaway, Michelle Johnson, Fernando Lopez, Trevor Sand, Edward Szymaszek re #24 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) |
| Filing 24 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by John Boch, Bridgette Cherasard, Marcus Delgado, Sherry Flowers, Kevin Haney, Dolores Hathaway, Michelle Johnson, Fernando Lopez, Trevor Sand, Edward Szymaszek (Schulte, Steven) |
| Filing 23 RESPONSE filed by John Boch, Bridgette Cherasard, Marcus Delgado, Sherry Flowers, Kevin Haney, Dolores Hathaway, Michelle Johnson, Fernando Lopez, Trevor Sand, Edward Szymaszek re: #2 MOTION to Dismiss for Lack of Jurisdiction , #11 Amended MOTION to Dismiss for Lack of Jurisdiction , #14 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) |
| Filing 22 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Incorporated, CR Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) |
| Filing 21 NOTICE of Filing Completed Forms For Each Plaintiff filed by John Boch, Bridgette Cherasard, Marcus Delgado, Sherry Flowers, Kevin Haney, Dolores Hathaway, Michelle Johnson, Fernando Lopez, Trevor Sand, Edward Szymaszek (Attachments: #1 Exhibit(s)) (Schulte, Steven) |
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Filing 20
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 19
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 18 MOTION for Extension of Time to File Response/Reply to #2 MOTION to Dismiss for Lack of Jurisdiction , #14 MOTION to Dismiss for Lack of Jurisdiction filed by John Boch, Bridgette Cherasard, Marcus Delgado, Sherry Flowers, Kevin Haney, Dolores Hathaway, Michelle Johnson, Fernando Lopez, Trevor Sand, Edward Szymaszek (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
| Filing 17 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) |
| Filing 16 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) |
| Filing 15 Brief/Memorandum in Support filed by McKesson Corporation re #14 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) |
| Filing 14 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) |
| Filing 13 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, CR Bard Inc (Jarreau, Jordan) |
| Filing 12 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, CR Bard Inc re #11 Amended MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) |
| Filing 11 Amended MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, CR Bard Inc (Jarreau, Jordan) |
| Filing 10 AMENDED CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CR Bard Inc. (Jarreau, Jordan) Modified title on 6/11/2020 (awc). |
| Filing 9 AMENDED CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) Modified title on 6/11/2020 (awc). |
| Filing 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CR Bard Inc. (Jarreau, Jordan) |
| Filing 6 ***DISREGARD PER ATTORNEY/INCORRECT DOCUMENT FILED***CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) Modified on 6/10/2020 (ykp). |
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Filing 5
ELECTRONIC ORDER: Civil action number 3:20-CV-1474-G is hereby transferred to the docket of the Honorable Karen Gren Scholer and shall henceforth carry the suffix letter "S". (Ordered by Senior Judge A. Joe Fish on 6/9/2020) (ctf)
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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) |
| Filing 3 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, CR Bard Inc re #2 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, CR Bard Inc (Jarreau, Jordan) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10896822) 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 (redacted), #4 Exhibit(s) B - McKesson page, #5 Exhibit(s) C - 8-30-16 Romney, Kim Deposition, #6 Exhibit(s) D-1 Index of State Docs, #7 Exhibit(s) D-2 Delgado - State Court Docket Sheet, #8 Exhibit(s) D-3 2020-04-07 - Plaintiffs' Original Petition, #9 Exhibit(s) D-4. 2020-04-07 - Civil Case Information Sheet, #10 Exhibit(s) D-5 2020-04-08 - Jury Demand, #11 Exhibit(s) D-6 2020-04-09 - Citation Issued to Bard Peripheral Vascular, Inc., #12 Exhibit(s) D-7. 2020-04-09 - Citation Issued to C. R. Bard, Inc., #13 Exhibit(s) D-8 2020-04-09 - Citation Issued to McKesson Corp, #14 Exhibit(s) D-9 2020-05-06 - Executed Affidavit of Service to McKesson - 05-01-2020, #15 Exhibit(s) D-10 2020-05-22 - Executed Return of Service to C. R. Bard - 05-20-2020, #16 Exhibit(s) D-11 2020-06-04 - Executed Return of Service to Bard Peripheral Vascular, Inc. (05-20-2020)) (Jarreau, Jordan) |
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