Laughter v. C R Bard Inc et al
| David Laughter |
| Does 1 through 100 Inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular Incorporated |
| 3:2020cv02647 |
| 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 South Carolina as case number 6:20-cv-03145. (mla) |
Filing 27
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 Melina Bailey's case be severed and transferred to the Lexington Division of the Eastern District of Kentucky (3:20-cv-2644 case opened); b. Plaintiff Michael Gonzalez's case be severed and transferred to the Tampa Division of the Middle District of Florida (3:20-cv-2645 case opened); c. Plaintiff Tierney Langley's case be severed and transferred to the Northern Division of the District of Maryland (3:20-cv-2646 case opened); d. Plaintiff David Laughter's case be severed and transferred to the Spartanburg Division of the District of South Carolina (3:20-cv-2647 case opened); e. Plaintiff Mickey McAdams's case be severed and transferred to the Augusta Division of the Southern District of Georgia (3:20-cv-2648 case opened); f. Plaintiff Tangle Shealey's case be severed and transferred to the Northern Division of the Middle District of Alabama (3:20-cv-2649 case opened); g. Plaintiff Patricia Summers's case be severed and transferred to the Cleveland Division of the Northern District of Ohio (3:20-cv-2650 case opened); and h. Plaintiff Gwendolyn Thomas's case be severed and transferred to the Northern District of Oklahoma (3:20-cv-2651 case opened). Plaintiff Lesley Enriquez 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) (mjr)
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| Interdistrict Transfer to District of South Carolina, Spartanburg 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 South Carolina, Spartanburg Division. (sre) |
| Filing 26 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #25 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Jarreau, Jordan) |
| Filing 25 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Mickey McAdams (Schulte, Steven) |
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Filing 24
ORDER: Pursuant to the parties' agreement, see ECF Nos. #19 , #23 , the Court DISMISSES WITHOUT PREJUDICE Plaintiff Beth Statman's claims against Defendants. The parties shall bear their own costs. All relief not expressly granted is DENIED. (Ordered by Judge Karen Gren Scholer on 8/26/2020) (ctf)
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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 Melina Bailey, Michael Gonzalez, Tierney Langley, David Laughter, Mickey McAdams, Tangle Shealey, Beth Statman, Patricia Summers, Gwendolyn Thomas 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 Melina Bailey, Michael Gonzalez, Tierney Langley, David Laughter, Mickey McAdams, Tangle Shealey, Beth Statman, Patricia Summers, Gwendolyn Thomas 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 Melina Bailey, Michael Gonzalez, Tierney Langley, David Laughter, Mickey McAdams, Tangle Shealey, Beth Statman, Patricia Summers, Gwendolyn Thomas (Attachments: #1 Proposed Order) (Schulte, Steven) |
| Filing 18 RESPONSE AND OBJECTION filed by Melina Bailey, Lesley Enriquez, Michael Gonzalez, Tierney Langley, David Laughter, Mickey McAdams, Tangle Shealey, Beth Statman, Patricia Summers, Gwendolyn Thomas re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Melina Bailey, Lesley Enriquez, Michael Gonzalez, Tierney Langley, David Laughter, Mickey McAdams, Tangle Shealey, Beth Statman, Patricia Summers, Gwendolyn Thomas (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) |
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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 7/22/2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (oyh)
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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 for Lack of Jurisdiction , #2 MOTION to Dismiss for Lack of Jurisdiction filed by Melina Bailey, Lesley Enriquez, Michael Gonzalez, Tierney Langley, David Laughter, Mickey McAdams, Tangle Shealey, Beth Statman, Patricia Summers, Gwendolyn Thomas (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
| Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) |
| Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) |
| Filing 8 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) |
| Filing 7 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) |
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Filing 12
ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge David C Godbey no longer assigned to case. (Ordered by Judge David C Godbey on 6/17/2020) (axm)
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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 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 0539-10908922) 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 2020-04-08 Citation Issued - C.R. Bard, #11 Exhibit(s) D-5 2020-04-08 Citation Issued - Bard, #12 Exhibit(s) D-6 2020-04-08 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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