Harris et al v. C R Bard Inc et al
| Patricia Harris |
| Does 1 through 100 Inclusive, C R Bard Inc, McKesson Corporation and Bard Peripheral Vascular Inc |
| 3:2020cv02671 |
| 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 Western District of North Carolina Statesville, Division as case number 5:20-cv-00137. (mla) |
Filing 26
MEMORANDUM OPINION AND ORDER granting #19 Unopposed Motion to Sever and Transfer Venue of Out-of-State Plaintiffs' Cases. The Court directs the Clerk of Court to sever and transfer this action as follows: a. Plaintiff Yuri Arkadyey's case be severed and transferred to the Eastern District of Pennsylvania (Civil case 3:20-cv-2668-S opened);b. Plaintiff Robert Frierson's case be severed and transferred to the Southern Division of the Eastern District of Tennessee (Civil case 3:20-cv-2669-S opened);c. Plaintiff Charles Goods's case be severed and transferred to the Greenville Division of the Eastern District of Tennessee (Civil case 3:20-cv-2670-S opened); d. Plaintiff Patricia Harris's case be severed and transferred to the Western District of North Carolina (Civil case 3:20-cv-2671-S opened); e. Plaintiff Barbara Martin's case be severed and transferred to the Florence Division of the District of South Carolina (Civil case 3:20-cv-2672-S opened); f. Plaintiff Britney Rawlings's case be severed and transferred to the Utica Division of the Northern District of New York (Civil case 3:20-cv-2673-S opened); and g. Plaintiff Leah Shrum's case be severed and transferred to the Southern Division of the Eastern District of Tennessee (Civil case 3:20-cv-2674-S opened).Plaintiff Norma Spencer 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) (axm)
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| Interdistrict Transfer to Western District of North Carolina, Statesville 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 Western District of North Carolina, Statesville Division. (jmg) |
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Filing 25
ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Sharon Mathews's claims against Defendants. The parties shall bear their own costs. Party Sharon Mathews terminated. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (axm)
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Filing 24
ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Raelene Savage's claims against Defendants. The parties shall bear their own costs Party Raelene Savage 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 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: #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) |
| Filing 21 Appendix in Support filed by Yuri Arkadyev, Robert Frierson, Charles Goods, Patricia Harris, Barbara Martin, Sharon Mathews, Britney Rawlings, Raelene Savage, Leah Shrum, Norma Spencer re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) |
| Filing 20 Brief/Memorandum in Support filed by Yuri Arkadyev, Robert Frierson, Charles Goods, Patricia Harris, Barbara Martin, Sharon Mathews, Britney Rawlings, Raelene Savage, Leah Shrum, Norma Spencer re #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) |
| Filing 19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Yuri Arkadyev, Robert Frierson, Charles Goods, Patricia Harris, Barbara Martin, Sharon Mathews, Britney Rawlings, Raelene Savage, Leah Shrum, Norma Spencer (Schulte, Steven) |
| Filing 18 RESPONSE filed by Yuri Arkadyev, Robert Frierson, Charles Goods, Patricia Harris, Barbara Martin, Sharon Mathews, Britney Rawlings, Raelene Savage, Leah Shrum, Norma Spencer re: #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Yuri Arkadyev, Robert Frierson, Charles Goods, Patricia Harris, Barbara Martin, Sharon Mathews, Britney Rawlings, Raelene Savage, Leah Shrum, Norma Spencer (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) |
| Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Inc, 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 Agreed MOTION to Extend Time Resp/Reply filed by Yuri Arkadyev, Robert Frierson, Charles Goods, Patricia Harris, Barbara Martin, Sharon Mathews, Britney Rawlings, Raelene Savage, Leah Shrum, Norma Spencer (Attachments: #1 Proposed Order) (Przybysz, Eric) |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 12 replaced with flattened document on 6/18/2020) (awc). |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) |
| Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) |
| Filing 8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) |
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Filing 7
ORDER: Case reassigned to Judge Karen Gren Scholer for all further proceedings. Chief Judge Barbara M. G. Lynn no longer assigned to case. (Ordered by Chief Judge Barbara M. G. Lynn on 6/12/2020) (ndt)
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| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc identifying Corporate Parent/Other Affiliate Becton, Dickinson and Company for C R Bard Inc. (Matthews, Melissa) Modified corporate parent on 6/12/2020 (mla). |
| Filing 4 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (hml) |
| 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 (Matthews, Melissa) |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10903925) 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, #4 Exhibit(s) B - McKesson Corporation, #5 Exhibit(s) C - 08-30-16 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 - Plaintiff's Original Petition, #9 Exhibit(s) D-3 - Civil Case Info Sheet, #10 Exhibit(s) D-4 - Citation Issued to Bard Peripheral Vascular, Inc., #11 Exhibit(s) D-5 - Citation Issued to C.R. Bard, #12 Exhibit(s) D-6 - Citation Issued to McKesson Corp, #13 Exhibit(s) D-7 - Affidavit of Service - McKesson, #14 Exhibit(s) D-8 - Return of Service - C.R. Bard, #15 Exhibit(s) D-9 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) |
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