Chromy v. C R Bard Inc et al
| Deborah Chromy |
| Does 1 through 100 Inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular Inc |
| 3:2020cv02534 |
| August 26, 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 California as case number 3:20-cv-01678. (jmg) |
Filing 25
MEMORANDUM OPINION AND ORDER grants #19 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 Arnetha Barnes's case be severed and transferred to the Atlanta Division of the Northern District of Georgia (Civil case 3:20-cv-2532 opened); b. Plaintiff Linda Cabrera's case be severed and transferred to the Southern Division of Central District of California (Civil case 3:20-cv-2533 opened); c. Plaintiff Deborah Chromy's case be severed and transferred to the San Diego Division of the Southern District of California (Civil case 3:20-cv-2534 opened); d. Plaintiff Galen Head's case be severed and transferred to the Johnstown Division of the Western District of Pennsylvania (Civil case 3:20-cv-2535 opened); e. Plaintiff Patricia Hill's case be severed and transferred to the Eastern Division of the Central District of California (Civil case 3:20-cv-2536 opened); f. Plaintiff Kathy Maldonado's case be severed and transferred to the Wilkes-Barre Division of the Middle District of Pennsylvania (Civil case 3:20-cv-2537 opened); g. Plaintiff McGarrick Powell's case be severed and transferred to the Northern Division of the Middle District of Alabama (Civil case 3:20-cv-2538 opened); h. Plaintiff Douglas Smith's case be severed and transferred to the Savannah Division of the Southern District of Georgia (Civil case 3:20-cv-2540 opened). Plaintiff Jacqueline Henry is the sole plaintiff with any connection to this form. Accordingly, she shall remain in the Dallas Division of the Northern District of Texas. (Ordered by Judge Karen Gren Scholer on 8/26/2020) (jmg)
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| Interdistrict Transfer to Southern District of California, San Diego 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 California, San Diego Division. (jmg) |
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Filing 24
ORDER: The Comt DISMISSES WITHOUT PREJUDICE Plaintiff Amalya Brosell-Christy's claims against Defendants. The parties shall bear their own costs. Party Amalya Brosell-Christy terminated. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (axm)
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| Filing 23 Supplemental RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) Modified title on 8/25/2020 (awc). |
| Filing 22 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) |
| Filing 21 Appendix in Support filed by Arnetha Barnes, Amalya Brosell-Christy, Linda Cabrera, Deborah Chromy, Galen Head, Patricia Hill, Kathy Maldonado, McGarrick Powell, Douglas Smith 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 Arnetha Barnes, Amalya Brosell-Christy, Linda Cabrera, Deborah Chromy, Galen Head, Patricia Hill, Kathy Maldonado, McGarrick Powell, Douglas Smith 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 Arnetha Barnes, Amalya Brosell-Christy, Linda Cabrera, Deborah Chromy, Galen Head, Patricia Hill, Kathy Maldonado, McGarrick Powell, Douglas Smith (Attachments: #1 Proposed Order) (Schulte, Steven) |
| Filing 18 RESPONSE AND OBJECTION filed by Arnetha Barnes, Amalya Brosell-Christy, Linda Cabrera, Deborah Chromy, Galen Head, Jacqueline Henry, Patricia Hill, Kathy Maldonado, McGarrick Powell, Douglas Smith re: #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal 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 Arnetha Barnes, Amalya Brosell-Christy, Linda Cabrera, Deborah Chromy, Galen Head, Jacqueline Henry, Patricia Hill, Kathy Maldonado, McGarrick Powell, Douglas Smith (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 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 #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by Arnetha Barnes, Amalya Brosell-Christy, Linda Cabrera, Deborah Chromy, Galen Head, Jacqueline Henry, Patricia Hill, Kathy Maldonado, McGarrick Powell, Douglas Smith (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) |
| 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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (hml) |
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Filing 6
ELECTRONIC ORDER: Civil action number 3:20-CV-1533-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)
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| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Junek, Jessica) |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Junek, Jessica) |
| Filing 3 Brief/Memorandum in Support filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. re #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Junek, Jessica) |
| Filing 2 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) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10907794) 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 Plaintffs' Original Petition, #9 Exhibit(s) D-3 Civil 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) C-6 Citation Issued McKisson, #13 Exhibit(s) D-7 Affidavif of Servce - McKesson, #14 Exhibit(s) D-8 Executed Return of Service - C.R. Bard Inc., #15 Exhibit(s) D-9 Executed Return of Service - Bard Peripheral) (Junek, Jessica) |
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