McClamy v. C R Bard Inc et al
| Tameka McClamy |
| McKesson Corporation, C R Bard Inc, Bard Peripheral Vascular Incorporated and Does 1 through 100 Inclusive |
| 3:2020cv02374 |
| August 19, 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 Eastern District of Pennsylvania as case number 2:20-cv-04103. (jmg) |
| Interdistrict Transfer to Eastern District of Pennsylvania, Philadelphia 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 Pennsylvania, Philadelphia Division. (axm) |
Filing 23
MEMORANDUM OPINION AND ORDER granting #17 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 Edna Barnes's case be severed and transferred to the Jackson Division of the Western District of Tennessee (Civil case 3:20-cv-2370); b. Plaintiff Joland Brown's case be severed and transferred to the New Orleans Division of the Eastern District of Louisiana (Civil case 3:20-cv-2371 opened); c. Plaintiff Kenwann Foster's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil case 3:20-cv-2372 opened); d. Plaintiff Duron Hebron's case be severed and transferred to the Chicago Division of the Northern District of Illinois (Civil case 3:20-cv-2373 opened); e. Plaintiff Tameka McClamy's case be severed and transferred to the Philadelphia Division of the Eastern District of Pennsylvania (Civil case 3:20-cv-2374 opened); f. Plaintiff Elizabeth Olson's case be severed and transferred to the Madison Division of the Western District of Wisconsin (Civil case 3:20-cv-2375 opened); g. Plaintiff Jimmy Sullivan's case be severed and transferred to the Chattanooga Division of the Eastern District of Tennessee (Civil case 3:20-cv-2376 opened); h. Plaintiff Krista Umholtz's case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil case 3:20-cv-2377 opened); i. Plaintiff Lunell Will's case be severed and transferred to the Benton Division of the Southern District of Illinois (Civil case 3:20-cv-2378 opened). Plaintiff Carlos Martinez 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 8/19/2020) (jmg)
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| Filing 22 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) |
| Filing 21 NOTICE of Filing Completed Forms for Each Plaintiff re: #20 Order, filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) Exhibit A) (Matthews, Melissa) |
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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 8/10/2020. (Ordered by Judge Karen Gren Scholer on 8/3/2020) (oyh)
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| Filing 19 Appendix in Support filed by Edna Barnes, Joland Brown, Kenwann Foster, Duron Hebron, Carlos Martinez, Tameka McClamy, Elizabeth Olson, Jimmy Sullivan, Krista Umholtz, Lunell Will re #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) |
| Filing 18 Brief/Memorandum in Support filed by Edna Barnes, Joland Brown, Kenwann Foster, Duron Hebron, Carlos Martinez, Tameka McClamy, Elizabeth Olson, Jimmy Sullivan, Krista Umholtz, Lunell Will re #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) |
| Filing 17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Edna Barnes, Joland Brown, Kenwann Foster, Duron Hebron, Carlos Martinez, Tameka McClamy, Elizabeth Olson, Jimmy Sullivan, Krista Umholtz, Lunell Will (Schulte, Steven) |
| Filing 16 RESPONSE filed by Edna Barnes, Joland Brown, Kenwann Foster, Duron Hebron, Carlos Martinez, Tameka McClamy, Elizabeth Olson, Jimmy Sullivan, Krista Umholtz, Lunell Will re: #8 MOTION to Dismiss for Lack of Jurisdiction , #3 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) |
| Filing 15 NOTICE of Filing Completed Forms For Each Plaintiff filed by Edna Barnes, Joland Brown, Kenwann Foster, Duron Hebron, Carlos Martinez, Tameka McClamy, Elizabeth Olson, Jimmy Sullivan, Krista Umholtz, Lunell Will (Attachments: #1 Exhibit(s)) (Schulte, Steven) |
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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 for Lack of Jurisdiction , #3 MOTION to Dismiss for Lack of Jurisdiction filed by Edna Barnes, Joland Brown, Kenwann Foster, Duron Hebron, Carlos Martinez, Tameka McClamy, Elizabeth Olson, Jimmy Sullivan, Krista Umholtz, Lunell Will (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
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Filing 12
ELECTRONIC ORDER: Civil action numbers 3:20-CV-1499-X; 3:20-CV-1469-X; 3:20-CV-1566-X; and 3:20-CV-1500-X are hereby transferred to the docket of the Honorable Karen Gren Scholer and shall henceforth carry the suffix letter "S". (Ordered by Judge Brantley Starr on 6/19/2020) (ctf)
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| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) |
| Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) |
| Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) |
| Filing 8 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) |
| Filing 7 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) |
| Filing 4 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, C R Bard Inc re #3 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) |
| Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) |
| 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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (hml) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10900935) 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 Index of State Docs, #7 Exhibit(s) D-1 2020-06-04 State Court Docket, #8 Exhibit(s) D-2 2020-04-06 Original Petition, #9 Exhibit(s) D-3 2020-04-06 Jury Demand, #10 Exhibit(s) D-4 2020-04-06 Citation Issued - Bard Peripheral Vascular Inc., #11 Exhibit(s) D-5 2020-04-06 Citation Issued - C.R. Bard, Inc., #12 Exhibit(s) D-6 2020-04-06 Citiation Issued - McKesson Corp, #13 Exhibit(s) D-7 2020-04-06 Civil Case Info Sheet, #14 Exhibit(s) D-8 2020-05-06 Return of Service - McKesson, #15 Exhibit(s) D-9 2020-05-22 Return of Service - C.R. Bard Inc.) (Jarreau, Jordan) Modified on 6/9/2020 (aaa). |
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