Moore v. C R Bard Inc et al
| Angela Moore |
| Does 1 through 100 Inclusive, Bard Peripheral Vascular Inc, C R Bard Inc and McKesson Corporation |
| 3:2020cv02402 |
| August 20, 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 Northern District of Georgia as case number 1:20-cv-03477. (oyh) |
Filing 27
MEMORANDUM OPINION AND ORDER granting #23 Unopposed Amended 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 James Bruce's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case opened 3:20-cv-2396 opened); b. Plaintiff Teresa Collins's case be severed and transferred to the Little Rock Division of the Eastern District of Arkansas (Civil case 3:20-cv-2397 opened); c. Plaintiff Thomas Holvenski's case be severed and transferred to the Kalamazoo Division of the Western District of Michigan (Civil case 3:20-cv-2398 opened); d. Plaintiff Carl Kump's case be severed and transferred to the Central Islip Division of the Eastern District of New York (Civil case 3:20-cv-2399 opened); e. Plaintiff Tom Leonhart's case be severed and transferred to the Sacramento Division of the Eastern District of California (Civil case 3:20-cv-2400 opened); f. Plaintiff Victoria Lopez's case be severed and transferred to the Los Angeles Division of the Central District of California (Civil case 3:20-cv-2401 opened); g. Plaintiff Angela Moore's case be severed and transferred to the Northern District of Georgia (Civil case 3:20-cv-2402 opened); and h. Plaintiff Laura Tahan's case be severed and transferred to the Raleigh Division of the Eastern District of North Carolina (Civil case 3:20-cv-2403 opened). Plaintiff Lloyd Morris 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 8/20/2020) (jmg)
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| Interdistrict Transfer to Northern District of Georgia, Newnan 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 Northern District of Georgia, Newnan Division. (jmg) |
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Filing 26
Order: Pursuant to the parties' agreement, see ECF Nos. 23, 25, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Annette Frasier's claims against Defendants. The parties shall bear their own costs. All relief not expressly granted is DENIED. (Ordered by Judge Karen Gren Scholer on 8/19/2020) (ykp)
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| Filing 25 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #23 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #20 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) |
| Filing 24 Brief/Memorandum in Support filed by James Bruce, Teresa Collins, Annette Frasier, Thomas Holevinski, Carl Klumpp, Tom Leonhart, Victoria Lopez, Angela Moore, Lloyd Morris, Laura Tahan re #23 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) |
| Filing 23 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by James Bruce, Teresa Collins, Annette Frasier, Thomas Holevinski, Carl Klumpp, Tom Leonhart, Victoria Lopez, Angela Moore, Lloyd Morris, Laura Tahan (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
| Filing 22 Appendix in Support filed by James Bruce, Teresa Collins, Annette Frasier, Thomas Holevinski, Carl Klumpp, Tom Leonhart, Victoria Lopez, Angela Moore, Laura Tahan re #20 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) |
| Filing 21 Brief/Memorandum in Support filed by James Bruce, Teresa Collins, Annette Frasier, Thomas Holevinski, Carl Klumpp, Tom Leonhart, Victoria Lopez, Angela Moore, Laura Tahan re #20 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) |
| Filing 20 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by James Bruce, Teresa Collins, Annette Frasier, Thomas Holevinski, Carl Klumpp, Tom Leonhart, Victoria Lopez, Angela Moore, Lloyd Morris, Laura Tahan (Attachments: #1 Proposed Order) (Schulte, Steven) |
| Filing 19 RESPONSE AND OBJECTION filed by James Bruce, Teresa Collins, Annette Frasier, Thomas Holevinski, Carl Klumpp, Tom Leonhart, Victoria Lopez, Angela Moore, Lloyd Morris, Laura Tahan re: #3 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) |
| Filing 18 NOTICE of Filing Completed Forms For Each Plaintiff filed by James Bruce, Teresa Collins, Annette Frasier, Thomas Holevinski, Carl Klumpp, Tom Leonhart, Victoria Lopez, Angela Moore, Lloyd Morris, Laura Tahan (Attachments: #1 Exhibit(s)) (Schulte, Steven) |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by James Bruce, Teresa Collins, Annette Frasier, Thomas Holevinski, Carl Klumpp, Tom Leonhart, Victoria Lopez, Angela Moore, Lloyd Morris, Laura Tahan (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) |
| Filing 16 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) |
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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 James Bruce, Teresa Collins, Annette Frasier, Thomas Holevinski, Carl Klumpp, Tom Leonhart, Victoria Lopez, Angela Moore, Lloyd Morris, Laura Tahan (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 12 replaced with the document flattened on 6/18/2020) (pnp). |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Junek, Jessica) |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) |
| 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 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 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Junek, Jessica) |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Junek, Jessica) |
| 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) |
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Filing 2
ELECTRONIC ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge Ed Kinkeade no longer assigned to case. (Ordered by Judge Ed Kinkeade on 6/12/2020) (chmb)
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| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10912455) 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 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 Bard Peripheral, #11 Exhibit(s) D-5 Citation Issued C. R. Bard, Inc., #12 Exhibit(s) D-6 Citation Issued McKesson, #13 Exhibit(s) D-7 Executed Affidavit of Service - McKesson, #14 Exhibit(s) D-8 Return of Service C.R. Bard Inc., #15 Exhibit(s) D-9 Return of Service Bard Peripheral) (Junek, Jessica) |
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