Morris v. C R Bard Inc et al
John Morris |
McKesson Corporation, C R Bard Inc, Bard Peripheral Vascular Incorporated and Does 1 through 100 Inclusive |
3:2020cv02640 |
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
This docket was last retrieved on September 2, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Case transferred from NDTX has been opened in Norther District of Ohio as case number 5:20-cv-01968. (oyh) |
Interdistrict Transfer to Northern District of Ohio, Akron 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 Northern District of Ohio, Akron Division. (mjr) |
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 Andrew Armijo's case be severed and transferred to the Albuquerque Division of the District of New Mexico (Civil case 3:20-cv-2636 opened); b. Plaintiff David Bennett's case be severed and transferred to the Springfield Division of the Central Division of Illinois (Civil case 3:20-cv-2637 opened); c. Plaintiff Scott Chaffee's case be severed and transferred to the Buffalo Division of the Western District of New York (Civil case 3:20-cv-2638 opened); d. Plaintiff Jonathan Moffett's case be severed and transferred to the Southern Division of the Central District of California (Civil case 3:20-cv-2639 opened); e. Plaintiff John Morris's case be severed and transferred to the Akron Division of the Norther District of Ohio (Civil case 3:20-cv-2640 opened); f. Plaintiff Shirley Mustion's case be severed and transferred to the Western Division of the Western District of Missouri (Civil case 3:20-cv-2641 opened); g. Plaintiff Gail Penn's case be severed and transferred to the Peoria Division of the Central District of Illinois (Civil case 3:20-cv-2642 opened); and h. Plaintiff Mary Stafford's case be severed and transferred to the Jacksonville Division of the Middle District of Florida (Civil case 3:20-cv-2643 opened). Plaintiff Frances Boyd 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 8/31/2020) (jmg) |
Filing 24 ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Jeffrey Jackson's claims against Defendants. Party Jeffrey Jackson terminated. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (axm) |
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 Andrew Armijo, David Bennett, Scott Chaffee, Jeffrey Jackson, Jonathan Moffett, John Morris, Shirley Mustion, Gail Penn, Mary Stafford 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 Andrew Armijo, David Bennett, Scott Chaffee, Jeffrey Jackson, Jonathan Moffett, John Morris, Shirley Mustion, Gail Penn, Mary Stafford 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 Andrew Armijo, David Bennett, Scott Chaffee, Jeffrey Jackson, Jonathan Moffett, John Morris, Shirley Mustion, Gail Penn, Mary Stafford (Attachments: #1 Proposed Order) (Schulte, Steven) |
Filing 18 RESPONSE AND OBJECTION filed by Andrew Armijo, David Bennett, Frances Boyd, Scott Chaffee, Jeffrey Jackson, Jonathan Moffett, John Morris, Shirley Mustion, Gail Penn, Mary Stafford re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) |
Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Andrew Armijo, David Bennett, Frances Boyd, Scott Chaffee, Jeffrey Jackson, Jonathan Moffett, John Morris, Shirley Mustion, Gail Penn, Mary Stafford (Attachments: #1 Exhibit(s)) (Schulte, Steven) |
Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) |
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) |
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) |
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 Andrew Armijo, David Bennett, Frances Boyd, Scott Chaffee, Jeffrey Jackson, Jonathan Moffett, John Morris, Shirley Mustion, Gail Penn, Mary Stafford (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 ELECTRONIC ORDER: Civil action number 3:20-CV-1554-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 6/15/2020) (ctf) |
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 Horan). Clerk to provide copy to plaintiff if not received electronically. (oyh) |
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 0539-10911427) 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 2020-04-07 Original Petition, #9 Exhibit(s) D-3 2020-04-07 Civil Case Info. Sheet, #10 Exhibit(s) D-4 - 2020-04-07 Citation Issued - Bard Peripheral, #11 Exhibit(s) D-5 - 2020-04-07 Citation Issued - C.R. Bard, #12 Exhibit(s) 2020-04-07 Citation issued - McKesson, #13 Exhibit(s) D-7 2020-05-06 Return of Service - McKesson, #14 Exhibit(s) D-8 2020-05-22 Return of Service - C.R. Bard, #15 Exhibit(s) D-9 2020-06-04 Return of Service - Bard) (Jarreau, Jordan) |
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