Harrison v. C R Bard Inc et al
Allen Harrison |
Does 1 through 100 Inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular Incorporated |
3:2020cv02459 |
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
This docket was last retrieved on September 1, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Case transferred from NDTX has been opened in Western District of Pennsylvania as case number 2:20-cv-01281. (jmg) |
Filing 28 MEMORANDUM OPINION AND ORDER grants #23 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 Michelle Guptil's case be severed and transferred to the Minneapolis Division of the District of Minnesota (Civil case 3:20-cv-2458 opened); b. Plaintiff Allen Harrison's case be severed and transferred to the Pittsburgh Division of the Western District of Pennsylvania (Civil case 3:20-cv-2459 opened); c. Plaintiff Larry Napier's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2460 opened); d. Plaintiff Richard Novia's case be severed and transferred to the Worcester Division of the District of Massachusetts (Civil case 3:20-cv-2461 opened); e. Plaintiff Sharon Sutherland's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (Civil case 3:20-cv-2462 opened); f. Plaintiff Craig Thompson's case be severed and transferred to the Milwaukee Division of the Eastern District of Wisconsin (Civil case 3:20-cv-2463 opened); g. Plaintiff John Vail's case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil case 3:20-cv-2464 opened). Plaintiff Frank Aguilera 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) |
Interdistrict Transfer to Western District of Pennsylvania, Pittsburgh 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 Western District of Pennsylvania, Pittsburgh Division. (axm) |
Filing 27 Order: Pursuant to the parties' agreement, see ECF Nos. #23 , #25 , the Court DISMISSES WITHOUT PREJUDICE Plaintiff Melissa Reyes'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) (ndt) |
Filing 26 Order: Pursuant to the parties' agreement, see ECF Nos. #23 , #25 , the Court DISMISSES WITHOUT PREJUDICE Plaintiff Jerry Derrick'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) (ndt) |
Filing 25 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #23 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) |
Filing 24 Brief/Memorandum in Support filed by Frank Aguilera, Jerry Derrick, Michelle Guptil, Allen Harrison, Larry Napier, Richard Novia, Melissa Reyes, Sharon Sutherland, Craig Thompson, John Vail 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 Frank Aguilera, Jerry Derrick, Michelle Guptil, Allen Harrison, Larry Napier, Richard Novia, Melissa Reyes, Sharon Sutherland, Craig Thompson, John Vail (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
Filing 22 Appendix in Support filed by Frank Aguilera, Jerry Derrick, Michelle Guptil, Allen Harrison, Larry Napier, Richard Novia, Melissa Reyes, Sharon Sutherland, Craig Thompson, John Vail re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) |
Filing 21 Brief/Memorandum in Support filed by Frank Aguilera, Jerry Derrick, Michelle Guptil, Allen Harrison, Larry Napier, Richard Novia, Melissa Reyes, Sharon Sutherland, Craig Thompson, John Vail re #20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) |
Filing 20 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Frank Aguilera, Jerry Derrick, Michelle Guptil, Allen Harrison, Larry Napier, Richard Novia, Melissa Reyes, Sharon Sutherland, Craig Thompson, John Vail (Schulte, Steven) |
Filing 19 RESPONSE filed by Frank Aguilera, Jerry Derrick, Michelle Guptil, Allen Harrison, Larry Napier, Richard Novia, Melissa Reyes, Sharon Sutherland, Craig Thompson, John Vail re: #9 MOTION to Dismiss for Lack of Jurisdiction , #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) |
Filing 18 NOTICE of Filing Completed Forms For Each Plaintiff filed by Frank Aguilera, Jerry Derrick, Michelle Guptil, Allen Harrison, Larry Napier, Richard Novia, Melissa Reyes, Sharon Sutherland, Craig Thompson, John Vail (Attachments: #1 Exhibit(s)) (Schulte, Steven) |
Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Frank Aguilera, Jerry Derrick, Michelle Guptil, Allen Harrison, Larry Napier, Richard Novia, Melissa Reyes, Sharon Sutherland, Craig Thompson, John Vail (Attachments: #1 Exhibit(s)) (Schulte, Steven) |
Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) |
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) (mla) |
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) |
Filing 13 MOTION for Extension of Time to File Response/Reply to #9 MOTION to Dismiss for Lack of Jurisdiction , #2 MOTION to Dismiss for Lack of Jurisdiction filed by Frank Aguilera, Jerry Derrick, Michelle Guptil, Allen Harrison, Larry Napier, Richard Novia, Melissa Reyes, Sharon Sutherland, Craig Thompson, John Vail (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) |
Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) |
Filing 10 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) |
Filing 9 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) |
Filing 8 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) |
Filing 7 ELECTRONIC ORDER: Civil action number 3:20-CV-1512-G is hereby transferred to the docket of the Honorable Karen Gren Scholer and shall henceforth carry the suffix letter "S". (Ordered by Senior Judge A. Joe Fish on 6/11/2020) (ctf) |
Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc identifying Corporate Parent/Other Affiliate Becton, Dickinson and Company for C R Bard Inc. (Jarreau, Jordan) Modified corporate parent on 6/12/2020 (mla). |
Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) |
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, C R Bard Inc re #2 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) |
Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) |
Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10904036) 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 - State Court Docket Sheet, #8 Exhibit(s) D-2 - 2020-04-03 Original Petition, #9 Exhibit(s) D-3 - 2020-04-03 Civil Case Info. Sheet, #10 Exhibit(s) D-4 - 2020-04-03 Jury Demand, #11 Exhibit(s) D-5 - 2020-04-06 Citation Issued - C.R. Bard, #12 Exhibit(s) D-6 - 2020-04-06 Citation Issued - McKesson, #13 Exhibit(s) D-7 - 2020-04-06 Citation issued To Bard Peripheral Vascular, Inc., #14 Exhibit(s) D-8 - 2020-04-17 Status Conference Order, #15 Exhibit(s) D-9 - 2020-05-06 Affidavit of Service - McKesson, #16 Exhibit(s) D-10 - 2020-05-22 Return of Service - C.R. Bard, #17 Exhibit(s) D-11 - 2020-05-29 Status Conference Order, #18 Exhibit(s) D-12 - 2020-06-04 Return of Service - Bard Peripheral Vascular, Inc.) (Jarreau, Jordan) |
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