Williams v. C R Bard Inc et al
| Peter Williams |
| Does 1 through 100 Inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular Inc |
| 3:2020cv02438 |
| 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 Central District of California as case number 2:20-cv-07650. (jmg) |
Filing 27
MEMORANDUM OPINION AND ORDER grants #22 Motion to Sever and Transfer Venue of Out-of-State Plaintiffs' Cases Out of State Plaintiffs' Cases. The Court directs the Clerk of the Court to sever and transfer this action as follows: a. Plaintiff Peter Hertzberg's case be severed and transferred to the Milwaukee Division of the Eastern District of Wisconsin (Civil case 3:20-cv-2431 opened); b. Plaintiff Almary Johnson's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2432 opened); c. Plaintiff Olive Jones's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2433 opened); d. Plaintiff Tiffany Shelton's case be severed and transferred to the Huntington Division of the Southern District of West Virginia (Civil case 3:20-cv-2434 opened); e. Plaintiff Phillip Smith's case be severed and transferred to the Chicago Division of the Northern District of Illinois (Civil case 3:20-cv-2435 opened); f. Plaintiff Ruby Tafoya's case be severed and transferred to the Denver Division of the District of Colorado (Civil case 3:20-cv-2436 opened); g. Plaintiff James Wayt's case be severed and transferred to the Wheeling Division of the Northern District of West Virginia (Civil case 3:20-cv-2437 opened); and h. Plaintiff Peter Williams's case be severed and transferred to the Los Angeles Division of the Central District of California (Civil case 3:20-cv-2438 opened). Plaintiff Paulette Levin 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 8/20/2020) (jmg)
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| Interdistrict Transfer to Central District of California, Los Angeles 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 Central District of California, Los Angeles Division. (jmg) |
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Filing 26
ORDER: Pursuant to the parties' agreement, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Cynthia Hulse's claims against Defendants. The parties shall bear their own costs. Party Cynthia Hulse terminated. (Ordered by Judge Karen Gren Scholer on 8/19/2020) (axm)
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| Filing 25 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) |
| Filing 24 Appendix in Support filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Paulette Levin, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams re #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) |
| Filing 23 Brief/Memorandum in Support filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Paulette Levin, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams re #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) |
| Filing 22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Paulette Levin, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
| Filing 21 Appendix in Support filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) |
| Filing 20 Brief/Memorandum in Support filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) |
| Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams (Attachments: #1 Proposed Order) (Schulte, Steven) |
| Filing 18 RESPONSE AND OBJECTION filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams re: #2 MOTION to Dismiss for Lack of 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 Filling Completed Forms For Each Plaintiff filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Paulette Levin, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams (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) (oyh)
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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 #2 MOTION to Dismiss for Lack of Jurisdiction , #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Paulette Levin, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
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Filing 12
ORDER REASSIGNING CASE. The above-numbered case is hereby transferred to the docket of the Honorable Judge Karen Gren Scholer and shall henceforth carry the suffix letter S. Judge Ada Brown no longer assigned to case. (Ordered by Judge Ada Brown on 6/24/2020) (ykp)
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| Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 11 replaced to flatten image on 6/18/2020) (dsr). |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) |
| Filing 9 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) |
| Filing 8 Brief/Memorandum in Support filed by McKesson Corporation re #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) |
| Filing 7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) |
| Filing 6 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (oyh) |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Matthews, Melissa) |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Matthews, Melissa) |
| Filing 3 Brief/Memorandum in Support filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. re #2 MOTION to Dismiss for Lack of Jurisdiction (Matthews, Melissa) |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. (Matthews, Melissa) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10906873) 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 - Jury Demand, #11 Exhibit(s) D-5 - Citation Issued to Bard Peripheral Vascular, Inc., #12 Exhibit(s) D-6 - Citation Issued to C.R. Bard, Inc., #13 Exhibit(s) D-7 - Citation Issued to McKesson Corp., #14 Exhibit(s) D-8 - Affidavit of Service - McKesson, #15 Exhibit(s) D-9 - Return of Service - C.R. Bard, Inc., #16 Exhibit(s) D-10 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) |
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