Wiedner v. C R Bard Inc et al
| Dolores Wiedner, Annie Newton, Chelsea Jackson and Sharon Listul |
| McKesson Corporation, C R Bard Inc, Does 1 through 100 Inclusive and Bard Peripheral Vascular Inc |
| 3:2020cv02635 |
| August 31, 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 Minnesota as case number 0:20-cv-1890. (cea) |
| Interdistrict Transfer to District of Minnesota, St. Paul 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 Minnesota, St. Paul Division. (mjr) |
Filing 25
MEMORANDUM OPINION AND ORDER grants #17 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 Katherine Bishop's case be severed and transferred to the Eastern Division of the Southern District of Mississippi (Civil case 3:20-cv-2628 opened); b. Plaintiff Linda Cattles's case be severed and transferred to the Charleston Division of the District of South Carolina (Civil case 3:20-cv-2629 opened); c. Plaintiff Carol Gump's case be severed and transferred to the Tampa Division of the Middle District of Florida (Civil case 3:20-cv-2630 opened); d. Plaintiff Melvin Haley's case be severed and transferred to the Northern Division of the Southern District of Mississippi (Civil case 3:20-cv-2631 opened); e. Plaintiff Chelsea Jackson's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (Civil case 3:20-cv-2632 opened); f. Plaintiff Sharon Listul's case be severed and transferred to the Northern Division of the Middle District of Alabama (Civil case 3:20-cv-2633 opened); g. Plaintiff Annie Newton's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (Civil case 3:20-cv-2634 opened); and h. Plaintiff Dolores Wiedner's case be severed and transferred to the St. Paul Division of the District of Minnesota (Civil case 3:20-cv-2635 opened). Plaintiff Michael Landers 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 8/31/2020) (jmg)
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Filing 24
ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Carol Loftus's claims against Defendants. The parties shall bear their own costs. All Party Carol Loftus terminated. (Ordered by Judge Karen Gren Scholer on 8/26/2020) (axm)
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| Filing 23 Supplemental RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) Modified title on 8/25/2020 (awc). |
| Filing 22 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) |
| Filing 21 NOTICE of Filing Completed Forms for Each Plaintiff re: #20 Order Setting Deadline/Hearing, filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) Exhibit A) (Matthews, Melissa) |
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Filing 20
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 8/10/2020. (Ordered by Judge Karen Gren Scholer on 8/4/2020) (ctf)
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| Filing 19 Appendix in Support filed by Katherine Bishop, Linda Cattles, Carol Gump, Melvin Haley, Chelsea Jackson, Michael Landers, Sharon Listul, Carol Loftus, Annie Newton, Dolores Wiedner re #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) |
| Filing 18 Brief/Memorandum in Support filed by Katherine Bishop, Linda Cattles, Carol Gump, Melvin Haley, Chelsea Jackson, Michael Landers, Sharon Listul, Carol Loftus, Annie Newton, Dolores Wiedner re #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) |
| Filing 17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Katherine Bishop, Linda Cattles, Carol Gump, Melvin Haley, Chelsea Jackson, Michael Landers, Sharon Listul, Carol Loftus, Annie Newton, Dolores Wiedner (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
| Filing 16 RESPONSE filed by Katherine Bishop, Linda Cattles, Carol Gump, Melvin Haley, Chelsea Jackson, Michael Landers, Sharon Listul, Carol Loftus, Annie Newton, Dolores Wiedner re: #2 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Schulte, Steven) |
| Filing 15 NOTICE of Filing Completed Forms For Each Plaintiff filed by Katherine Bishop, Linda Cattles, Carol Gump, Melvin Haley, Chelsea Jackson, Michael Landers, Sharon Listul, Carol Loftus, Annie Newton, Dolores Wiedner (Attachments: #1 Exhibit(s)) (Schulte, Steven) |
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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-1556-S. (Ordered by Senior Judge Sidney A Fitzwater on 7/7/2020) (aaa)
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Filing 13
ORDER granting Parties' #12 Agreed Motion for Leave to Extend the Time. It is ORDERED that the Plaintiffs have until 8/3/2020 to respond to Defendants' #2 and #7 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) (twd)
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| Filing 12 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, #7 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by Katherine Bishop, Linda Cattles, Carol Gump, Melvin Haley, Chelsea Jackson, Michael Landers, Sharon Listul, Carol Loftus, Annie Newton, Dolores Wiedner (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
| Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 11 replaced with the document flattened on 6/18/2020) (pnp). |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Junek, Jessica) |
| Filing 9 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) |
| Filing 8 Brief/Memorandum in Support filed by McKesson Corporation re #7 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Junek, Jessica) |
| Filing 7 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 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 0539-10911511) 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 Jury Demand, #11 Exhibit(s) D-5 Citation Issued Bard Peripheral, #12 Exhibit(s) D-6 Citation Issued C.R. Bard Inc., #13 Exhibit(s) D-7 Citation Issued McKesson, #14 Exhibit(s) D-8 Affidavit of Service McKinnson, #15 Exhibit(s) D-9 Return of Service - C. R. Bard, #16 Exhibit(s) D-10 Return of Service - Bard Peripheral) (Junek, Jessica) |
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