Mickens v. CR Bard Inc et al
| Jerry Mickens |
| CR Bard Inc, Does 1 through 100 Inclusive, McKesson Corporation and Bard Peripheral Vascular Inc |
| 3:2020cv02271 |
| 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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This docket was last retrieved on August 20, 2020. A more recent docket listing may be available from PACER.
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| Case transferred from NDTX has been opened in Eastern District of Virginia as case number 3:20-cv-00648. (oyh) |
| Interdistrict Transfer to Eastern District of Virginia, Richmond 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 Eastern District of Virginia, Richmond Division. (jmg) |
Filing 28
MEMORANDUM OPINION AND ORDER granting #25 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 Maria Giordano's case be severed and transferred to the New HavenDivision of the District of Connecticut (Civil case 3:20-cv-2267-S opened); b. Plaintiff Peggy Grindstaff's case be severed and transferred to the Greenville Division of the Eastern District of Tennessee (Civil case 3:20-cv-2268-S opened); c. Plaintiff Andrew Holness's case be severed and transferred to the White Plains Division of the Southern District of New York (Civil case 3:20-cv-2269-S opened); d. Plaintiff Adrian Martinez's case be severed and transferred to the Kansas City Division of the Western District of Missouri (Civil case 3:20-cv-2270-S opened); e. Plaintiff Jerry Mickens's case be severed and transferred to the Richmond Division of the Eastern District of Virginia (Civil case 3:20-cv-2271-S opened); f. Plaintiff Kelley Munzings case be severed and transferred to the Richmond Division of the Eastern District of Virginia (Civil case 3:20-cv-2272-S opened); g. Plaintiff Stephanie Phillips's case be severed and transferred to the Columbus Division of the Middle District of Georgia (Civil case 3:20-cv-2273-S opened); h. Plaintiff Joseph Ronga's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (Civil case 3:20-cv-2274-S opened). Plaintiff Nathan Fee 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 8/18/2020) (axm)
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| Filing 27 RESPONSE filed by Bard Peripheral Vascular Inc, CR Bard Inc re: #25 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) |
| Filing 26 Brief/Memorandum in Support filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga re #25 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) |
| Filing 25 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
| Filing 24 RESPONSE filed by Bard Peripheral Vascular Inc, CR Bard Inc, McKesson Corporation re: #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) |
| Filing 23 Appendix in Support filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga re #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) |
| Filing 22 Brief/Memorandum in Support filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga re #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) |
| Filing 21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga (Schulte, Steven) |
| Filing 20 RESPONSE filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga re: #9 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) |
| Filing 19 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 18 NOTICE of Filing Completed Forms For Each Plaintiff filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga (Attachments: #1 Exhibit(s)) (Schulte, Steven) |
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Filing 17
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 16
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 15 MOTION for Extension of Time to File Response/Reply to #9 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
| Filing 14 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction As Amended (Junek, Jessica) |
| Filing 13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 13 replaced with the flattened document on 6/18/2020) (pnp). |
| Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, CR Bard Inc (Junek, Jessica) |
| Filing 10 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Junek, Jessica) |
| Filing 9 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 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Junek, Jessica) (Main Document 8 replaced with flattened document on 6/11/2020) (awc). |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CR Bard Inc. (Junek, Jessica) (Main Document 7 replaced with flattened document on 6/11/2020) (awc). |
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Filing 6
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-1484-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 5
ORDER REQUIRING STATUS AND SCHEDULING CONFERENCE: The parties are directed to confer within 14 days of the date of this Order and report to the Court within 14 days after the conference the parties' position. (Ordered by Judge David C Godbey on 6/8/2020) (mla)
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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 Horan). 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 Bard Peripheral Vascular Inc, CR Bard Inc. (Filing fee $400; receipt number 0539-10897774) 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 - Plaintiff's 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, #12 Exhibit(s) D-6 - Citation Issued to McKesson Corporation, #13 Exhibit(s) D-7 - Status Conference Order, #14 Exhibit(s) D-8 - Return of Service - C.R. Bard, #15 Exhibit(s) D-9 - Status Conference Order, #16 Exhibit(s) D-10 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) Modified Docket Text on 6/9/2020 (oyh). |
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