Burks v. CR Bard Inc et al
| Joanne Burks |
| McKesson Corporation, C R Bard Inc, Does 1 through 100 Inclusive and Bard Peripheral Vascular Inc |
| 3:2020cv02275 |
| 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. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on August 19, 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 Kentucky as case number 0:20-cv-00100. (jmg) |
| Interdistrict Transfer to Eastern District of Kentucky, Ashland 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 Kentucky, Ashland Division. (axm) |
Filing 23
MEMORANDUM OPINION AND ORDER granting #19 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 Joanne Burks's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (Civil case 3:20-cv-2275-S opened); b. Plaintiff Billy Goodman's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2276-S opened); c. Plaintiff John Lewis's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (Civil case 3:20-cv-2277-S opened); d. Plaintiff Deborah Melton's case be severed and transferred to the Florence Division of the District of South Carolina (Civil case 3:20-cv-2278-S opened); e. Plaintiff Jolanda Pulliam's case be severed and transferred to the Cape Girardeau Division of the Eastern District of Missouri (Civil case 3:20-cv-2279-S opened); f. Plaintiff Maria Terry's case be severed and transferred to the District of Columbia (Civil case 3:20-cv-2280-S opened); g. Plaintiff Emmitt Thomas's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2281-S opened); h. Plaintiff Melissa Tuttle's case be severed and transferred to the Buffalo Division of the Western District of New York (Civil case 3:20-cv-2282-S opened); i. Plaintiff Beverly William's s case be severed and transferred to the Miami Division of the Southern District of Florida (Civil case 3:20-cv-2283-S opened). Plaintiff Laverne Keeling 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 22 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) |
| Filing 21 Appendix in Support filed by Joanne Burks, Billy Goodman, Laverne Keeling, John Lewis, Deborah Melton, Jolanda Pulliam, Maria Terry, Emmitt Thomas, Melissa Tuttle, Beverly William re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) |
| Filing 20 Brief/Memorandum in Support filed by Joanne Burks, Billy Goodman, Laverne Keeling, John Lewis, Deborah Melton, Jolanda Pulliam, Maria Terry, Emmitt Thomas, Melissa Tuttle, Beverly William re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) |
| Filing 19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Joanne Burks, Billy Goodman, Laverne Keeling, John Lewis, Deborah Melton, Jolanda Pulliam, Maria Terry, Emmitt Thomas, Melissa Tuttle, Beverly William (Schulte, Steven) |
| Filing 18 RESPONSE filed by Joanne Burks, Billy Goodman, Laverne Keeling, John Lewis, Jolanda Pulliam, Maria Terry, Emmitt Thomas, Melissa Tuttle, Beverly William re: #3 MOTION to Dismiss the Out-of State Plaintiffs' Claims for Lack of Personal Jurisdiction, #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) |
| Filing 16 NOTICE of Filing Completed Forms For Each Plaintiff filed by Joanne Burks, Billy Goodman, Laverne Keeling, John Lewis, Deborah Melton, Jolanda Pulliam, Maria Terry, Emmitt Thomas, Melissa Tuttle, Beverly William (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 July 22, 2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (ndt)
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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 #3 MOTION to Dismiss the Out-of State Plaintiffs' Claims for Lack of Personal Jurisdiction, #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by Joanne Burks, Billy Goodman, Laverne Keeling, John Lewis, Deborah Melton, Jolanda Pulliam, Maria Terry, Emmitt Thomas, Melissa Tuttle, Beverly William (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, C R 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 to flatten image on 6/16/2020) (dsr). |
| 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) |
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Filing 7
ORDER: This case is hereby TRANSFERRED to the docket of the Honorable Karen Gren Scholer. All future pleadings shall subsequently be filed under Civil Action No. 3:20-cv-01490-S. (Ordered by Chief Judge Barbara M. G. Lynn on 6/10/2020) (aaa)
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| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Junek, Jessica) (Main Document 6 replaced with flattened document on 6/11/2020) (awc). |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Junek, Jessica) (Main Document 5 replaced with flattened document on 6/11/2020) (awc). |
| Filing 4 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, C R Bard Inc re #3 MOTION to Dismiss the Out-of State Plaintiffs' Claims for Lack of Personal Jurisdiction (Junek, Jessica) |
| Filing 3 MOTION to Dismiss the Out-of State Plaintiffs' Claims for Lack of Personal Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Junek, Jessica) |
| 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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (oyh) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10899538) 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, #5 Exhibit(s) C - 8-30-16 Romney, Kim Deposition, #6 Exhibit(s) D - Index of State Court Docs, #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 Bard Peripheral Vascular, #12 Exhibit(s) D-6 - Citation Issued C.R. Bard Inc., #13 Exhibit(s) D-7 - Citation Issued McKisson, #14 Exhibit(s) D-8 - Executed Aff of Service to McKesson, #15 Exhibit(s) D-9 - Executed Return of Service C.R. Bard, #16 Exhibit(s) D-10 - Executed Return of Service Bard Peripheral) (Junek, Jessica) |
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