Gueno v. C R Bard Inc et al
| Norman Gueno |
| Does 1 through 100 Inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular Inc |
| 3:2020cv02468 |
| 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 Southern District of Mississippi as case number 2:20-cv-00156. (jmg) |
Filing 26
MEMORANDUM OPINION AND ORDER grants #22 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 Ronald Dominy's case be severed and transferred to the Charlotte Division of the Western District of North Carolina (Civil case 3:20-cv-2467 opened); b. Plaintiff Norman Gueno's case be severed and transferred to the Hattiesburg Division of the Southern District of Mississippi (Civil case 3:20-cv-2468 opened); c. Plaintiff Darell Harvey's case be severed and transferred to the Los Angeles Division of the Central District of California (Civil case 3:20-cv-2469 opened); d. Plaintiff Kathleen Higgs's case be severed and transferred to the Springfield Division of the Western District of Missouri (Civil case 3:20-cv-2470 opened); e. Plaintiff Bernard Hughes's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2471 opened); f. Plaintiff Stanley Smith's case be severed and transferred to the Akron Division of the Northern District of Ohio (Civil case 3:20-cv-2472 opened); g. Plaintiff Terrance Thompson's case be severed and transferred to the Bismarck Division of the District of North Dakota (Civil case 3:20-cv-2473 opened); and h. Plaintiff Malilae Washington's case be severed and transferred to the District of Columbia (Civil case 3:20-2474 opened). Plaintiff Ricardo Mata 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 Southern District of Mississippi, Hattiesburg 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 Southern District of Mississippi, Hattiesburg Division. (axm) |
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Filing 25
Order:Pursuant to the parties' agreement, see ECF Nos. 22, 24, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Tina Votava'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 24 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 and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) |
| Filing 23 Brief/Memorandum in Support filed by Ronald Dominy, Norman Gueno, Darell Harvey, Kathleen Higgs, Bernard Hughes, Ricardo Mata, Stanley Smith, Terrance Thompson, Tina Votava, Malilae Washington 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 Ronald Dominy, Norman Gueno, Darell Harvey, Kathleen Higgs, Bernard Hughes, Ricardo Mata, Stanley Smith, Terrance Thompson, Tina Votava, Malilae Washington (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
| Filing 21 Appendix in Support filed by Ronald Dominy, Norman Gueno, Darell Harvey, Kathleen Higgs, Bernard Hughes, Ricardo Mata, Stanley Smith, Terrance Thompson, Tina Votava, Malilae Washington re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) |
| Filing 20 Brief/Memorandum in Support filed by Ronald Dominy, Norman Gueno, Darell Harvey, Kathleen Higgs, Bernard Hughes, Ricardo Mata, Stanley Smith, Terrance Thompson, Tina Votava, Malilae Washington 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 Ronald Dominy, Norman Gueno, Darell Harvey, Kathleen Higgs, Bernard Hughes, Ricardo Mata, Stanley Smith, Terrance Thompson, Tina Votava, Malilae Washington (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
| Filing 18 RESPONSE filed by Ronald Dominy, Norman Gueno, Darell Harvey, Kathleen Higgs, Bernard Hughes, Ricardo Mata, Stanley Smith, Terrance Thompson, Tina Votava, Malilae Washington 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 Filing Completed Forms For Each Plaintiff filed by Ronald Dominy, Norman Gueno, Darell Harvey, Kathleen Higgs, Bernard Hughes, Ricardo Mata, Stanley Smith, Terrance Thompson, Tina Votava, Malilae Washington (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
ORDER: This civil action is transferred to the docket of Judge Karen Gren Scholer. All future pleadings shall be filed under Civil Action No. 3:20-CV-1531-S. (Ordered by Senior Judge Sidney A Fitzwater on 7/7/2020) (aaa)
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Filing 13
ORDER granting #12 Motion to Extend Time to File Response/Reply. It is ORDERED that the Plaintiffs have until 8/3/2020 to respond to Defendants' Motions to Dismiss. It is further ORDERED that Defendants have until 9/3/2020 to file replies. (Ordered by Senior Judge Sidney A Fitzwater on 6/29/2020) (ykp)
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| Filing 12 MOTION for Extension of Time to File Response/Reply to #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction filed by Ronald Dominy, Norman Gueno, Darell Harvey, Kathleen Higgs, Bernard Hughes, Ricardo Mata, Stanley Smith, Terrance Thompson, Tina Votava, Malilae Washington (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
| 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. (hml) |
| 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 0539-10907739) 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 - Citation Issued to Bard Peripheral Vascular, Inc., #11 Exhibit(s) D-5 - Citation Issued to C.R. Bard, Inc., #12 Exhibit(s) D-6 - Citation Issued to McKesson Corp., #13 Exhibit(s) D-7 - Affidavit of Service - McKesson, #14 Exhibit(s) D-8 - Return of Service - C.R. Bard, #15 Exhibit(s) D-10 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) |
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