Preissler v. CR Bard Inc et al
| Sheila Preissler |
| McKesson Corporation, Does 1 through 100 Inclusive, CR Bard Inc and Bard Peripheral Vascular Inc |
| 3:2020cv02265 |
| August 18, 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 Middle District of Florida as case number 8:20-cv-01930. (jmg) |
| Interdistrict Transfer to Middle District of Florida, Tampa 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 Middle District of Florida, Tampa Division. (jmg) |
Filing 25
MEMORANDUM OPINION AND 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 Carissa Douglas's case be severed and transferred to the Oakland Division of the Northern District of California (Civil case 3:20-cv-2259-S opened); b. Plaintiff Veletta Gardner's case be severed and transferred to the West Palm Beach Division of the Southern District of Florida (Civil case 3:20-cv-2260-S opened); c. Plaintiff Arnetha Henderson's case be severed and transferred to the Bay City Division of the Eastern District of Michigan (Civil case 3:20-cv-2261-S opened); d. Plaintiff Robert Linnar's case be severed and transferred to the Southern Division of the Central District of California (Civil case 3:20-cv-2262-S opened); e. Plaintiff Betty McCoy' s case be severed and transferred to the Baltimore Division of the District of Maryland (Civil case 3:20-cv-2263-S opened); f. Plaintiff Deloris Montgomery's case be severed and transferred to the Florence Division of the District of South Carolina (Civil case 3:20-cv-2264-S opened); g. Plaintiff Sheila Preissler's case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil case 3:20-cv-2265-S opened); h. Plaintiff Pamela Rowland's case be severed and transferred to the Little Rock Division of the Eastern District of Arkansas (Civil case 3:20-cv-2266-S opened). Plaintiff Colette Eason 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) (axm)
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| Filing 24 RESPONSE filed by Bard Peripheral Vascular Inc, CR 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 Inc, CR 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 Richard Barbour, Carissa Douglas, Colette Eason, Veletta Gardner, Arnetha Henderson, Robert Linnar, Betty McCoy, Deloris Montgomery, Sheila Preissler, Pamela Rowland 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 Richard Barbour, Carissa Douglas, Colette Eason, Veletta Gardner, Arnetha Henderson, Robert Linnar, Betty McCoy, Deloris Montgomery, Sheila Preissler, Pamela Rowland 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 Richard Barbour, Carissa Douglas, Colette Eason, Veletta Gardner, Arnetha Henderson, Robert Linnar, Betty McCoy, Deloris Montgomery, Sheila Preissler, Pamela Rowland (Schulte, Steven) |
| Filing 19 RESPONSE filed by Richard Barbour, Carissa Douglas, Colette Eason, Veletta Gardner, Arnetha Henderson, Robert Linnar, Betty McCoy, Deloris Montgomery, Sheila Preissler, Pamela Rowland re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) |
| Filing 18 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Inc, CR Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff re: #16 Notice (Other), filed by Richard Barbour, Carissa Douglas, Colette Eason, Veletta Gardner, Arnetha Henderson, Robert Linnar, Betty McCoy, Deloris Montgomery, Sheila Preissler, Pamela Rowland (Attachments: #1 Exhibit(s)) (Schulte, Steven) |
| Filing 16 NOTICE of Filing Completed Forms For Each Plaintiff filed by Richard Barbour, Carissa Douglas, Colette Eason, Veletta Gardner, Arnetha Henderson, Robert Linnar, Betty McCoy, Deloris Montgomery, Sheila Preissler, Pamela Rowland (Attachments: #1 Exhibit(s)) (Schulte, Steven) |
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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 7/22/2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (mla)
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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)
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction filed by Richard Barbour, Carissa Douglas, Colette Eason, Veletta Gardner, Arnetha Henderson, Robert Linnar, Betty McCoy, Deloris Montgomery, Sheila Preissler, Pamela Rowland (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
| Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, CR Bard Inc (Junek, Jessica) |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) |
| Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 10 replaced with the flattened document on 6/17/2020) (pnp). |
| Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Junek, Jessica) |
| Filing 8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by McKesson Corporation Attorney Jessica Junek added to party McKesson Corporation(pty:dft) (Junek, Jessica) |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Junek, Jessica) (Main Document 7 replaced with flattened document on 6/11/2020) (awc). |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CR Bard Inc. (Junek, Jessica) (Main Document 6 replaced with flattened document on 6/11/2020) (awc). |
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Filing 5
ORDER REASSIGNING CASE. The above-referenced matter is transferred to the docket of the Honorable Judge Karen Gren Scholer, who has a related case. All future pleadings shall be filed under case number 3:20-CV-1480-S. Judge David C Godbey no longer assigned to case. (Ordered by Judge David C Godbey on 6/9/2020) (twd)
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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 Toliver). 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 (Matthews, Melissa) Modified Docket Text on 6/9/2020 (oyh). |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, CR Bard Inc (Matthews, Melissa) Modified Docket Text on 6/9/2020 (oyh). |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by CR Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10897473) 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 Corporation, #13 Exhibit(s) D-7 - Notice of Initial Dismissal Hearing, #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, #17 Exhibit(s) D-11 - Notice of Initial Dismissal Hearing) (Matthews, Melissa) Modified Docket Text on 6/9/2020 (oyh). |
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