Walker v. C R Bard Inc et al
| Willie James Walker |
| Does 1 through 100 Inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular Inc |
| 3:2020cv02560 |
| 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 Southern District of Mississippi as case number 1:20-cv-00281. (oyh) |
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 Sharon Dyess's case be severed and transferred to the Charleston Division of the Southern District of West Virginia (Civil case 3:20-cv-2553 opened); b. Plaintiff Robert Fix's case be severed and transferred to the Fresno Division of the Eastern District of California (Civil case 3:20-cv-2554 opened); c. Plaintiff Susan Gentile's case be severed and transferred to the Eastern Division of the Northern District of Illinois (Civil case 3:20-cv-2555 opened); d. Plaintiff Michael Gerrow's case be severed and transferred to the Northern Division of the Eastern District of Michigan (Civil case 3:20-cv-2556 opened); e. Plaintiff Karla Henry's case be severed and transferred to the Eastern Division of the Eastern District of Missouri (Civil case 3:20-cv-2557 opened); f. Plaintiff Wanda Kingsland's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2558 opened); g. Plaintiff Joyce Mock's case be severed and transferred to the Savannah Division of the Southern District of Georgia (Civil case 3:20-cv-2559 opened); h. Plaintiff Willie James Walker's case be severed and transferred to the Southern Division of the Southern District of Mississippi (Civil case 3:20-cv-2560 opened). Plaintiff Beverly Jarvis is the sole plaintiff with any connection of 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 Southern District of Mississippi, Southern 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, Southern Division. (jmg) |
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Filing 24
ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Anne Ware's claims against Defendants. The parties shall bear their own costs. Party Anne Ware 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 Sharon Dyess, Robert Fix, Susan Gentile, Michael Gerow, Karla Henry, Wanda Kingsland, Joyce Mock, Willie James Walker, Anne Ware 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 Sharon Dyess, Robert Fix, Susan Gentile, Michael Gerow, Karla Henry, Wanda Kingsland, Joyce Mock, Willie James Walker, Anne Ware 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 Sharon Dyess, Robert Fix, Susan Gentile, Michael Gerow, Karla Henry, Wanda Kingsland, Joyce Mock, Willie James Walker, Anne Ware (Attachments: #1 Proposed Order) (Schulte, Steven) |
| Filing 18 RESPONSE AND OBJECTION filed by Sharon Dyess, Robert Fix, Susan Gentile, Michael Gerow, Karla Henry, Beverly Jarvis, Wanda Kingsland, Joyce Mock, Willie James Walker, Anne Ware 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 Sharon Dyess, Robert Fix, Susan Gentile, Michael Gerow, Karla Henry, Beverly Jarvis, Wanda Kingsland, Joyce Mock, Willie James Walker, Anne Ware (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 #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by Sharon Dyess, Robert Fix, Susan Gentile, Michael Gerow, Karla Henry, Beverly Jarvis, Wanda Kingsland, Joyce Mock, Willie James Walker, Anne Ware (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 12 replaced with the document flattened on 6/18/2020) (pnp). |
| 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) |
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Filing 7
ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge Jane J. Boyle no longer assigned to case. (Ordered by Judge Jane J. Boyle on 6/12/2020) (svc)
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| 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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (oyh) |
| 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 0539-10909274) 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 Plaintiffs' Original Petition, #9 Exhibit(s) D-3 Civil Case 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) D-6 Citation Issued McKesson, #13 Exhibit(s) D-7 Executed Affidavit of Service - McKesson, #14 Exhibit(s) D-8 Return of Service C.R. Bard Inc., #15 Exhibit(s) D-9 Notice of Dismissal Hearing, #16 Exhibit(s) D-10 Return of Service - Bard Peripheral) (Junek, Jessica) |
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