Davitt v. C R Bard Inc et al
| Margaret Davitt |
| McKesson Corporation, C R Bard Inc, Bard Peripheral Vascular Incorporated and Does 1 through 100 Inclusive |
| 3:2020cv02546 |
| August 27, 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 District of Connecticut as case number 3:20-cv-01280. (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 Theresa Beeler's case be severed and transferred to the Tulsa Division of the Northern District of Oklahoma (Civil case 3:20-cv-2545 opened); b. Plaintiff Margaret Davitt's case be severed and transferred to the New Haven Division of the District of Connecticut (Civil case 3:20-cv-2546 opened); c. Plaintiff Michael Harris's case be severed and transferred to the Central Islip Division of the Eastern District of New York (Civil case 3:20-cv-2547 opened); d. Plaintiff Sallie King's case be severed and transferred to the Valdosta Division of the Middle District of Georgia (Civil case 3:20-cv-2548 opened); e. Plaintiff Brian McCaslin's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2549 opened); f. Plaintiff James Shoop's case be severed and transferred to the Central Division of the Western District of Missouri (Civil case 3:20-cv-2550 opened); g. Plaintiff Dorothy Stamer's case be severed and transferred to the Western Division of the Southern District of Ohio (Civil case 3:20-cv-2551 opened); and h. Plaintiff Richard Wawrzyniak's case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil case 3:20-cv-2552 opened). Plaintiff Tommie Byers 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 8/27/2020) (jmg)
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| Interdistrict Transfer to District of Connecticut, New Haven 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 District of Connecticut, New Haven Division. (jmg) |
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Filing 24
ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Terry Scott's claims against Defendants. The parties shall bear their own costs. Party Terry Scott 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 Incorporated, 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 Incorporated, 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 Theresa Beeler, Margaret Davitt, Michael Harris, Sallie King, Brian McCaslin, Terry Scott, James Shoop, Dorothy Stamer, Richard Wawrzyniak 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 Theresa Beeler, Margaret Davitt, Michael Harris, Sallie King, Brian McCaslin, Terry Scott, James Shoop, Dorothy Stamer, Richard Wawrzyniak 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 Theresa Beeler, Margaret Davitt, Michael Harris, Sallie King, Brian McCaslin, Terry Scott, James Shoop, Dorothy Stamer, Richard Wawrzyniak (Attachments: #1 Proposed Order) (Schulte, Steven) |
| Filing 18 RESPONSE AND OBJECTION filed by Theresa Beeler, Tommie Byers, Margaret Davitt, Michael Harris, Sallie King, Brian McCaslin, Terry Scott, James Shoop, Dorothy Stamer, Richard Wawrzyniak re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Theresa Beeler, Tommie Byers, Margaret Davitt, Michael Harris, Sallie King, Brian McCaslin, Terry Scott, James Shoop, Dorothy Stamer, Richard Wawrzyniak (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) |
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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 #9 MOTION to Dismiss for Lack of Jurisdiction , #2 MOTION to Dismiss for Lack of Jurisdiction filed by Theresa Beeler, Tommie Byers, Margaret Davitt, Michael Harris, Sallie King, Brian McCaslin, Terry Scott, James Shoop, Dorothy Stamer, Richard Wawrzyniak (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 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-1535-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 C R Bard Inc. (Jarreau, Jordan) |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) |
| 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 0539-10907842) 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 2020-04-06 Original Petition, #9 Exhibit(s) D-3 2020-04-06 Civil Case Info. Sheet, #10 Exhibit(s) D-4 2020-04-06 Jury Demand, #11 Exhibit(s) D-5 2020-04-06 Citation Issued - Bard Peripheral, #12 Exhibit(s) D-6 2020-04-06 Citation Issued - McKesson, #13 Exhibit(s) D-7 2020-04-06 Citation Issues - C.R. Bard, #14 Exhibit(s) D-8 2020-05-06 Return of Service - McKesson, #15 Exhibit(s) D-9 2020-05-22 Return of Service - C.R. Bard, #16 Exhibit(s) D-10 2020-06-04 Return of Service Bard Peripheral) (Jarreau, Jordan) |
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