Hooper v. C R Bard Inc et al
Judith Hooper |
McKesson Corporation, C R Bard Inc, Bard Peripheral Vascular Incorporated and Does 1-100 inclusive |
3:2020cv02679 |
August 31, 2020 |
US District Court for the Northern District of Texas |
Karen Gren Scholer |
Torts/Pers Inj: Product Liability |
28 U.S.C. § 1332 |
Both |
Docket Report
This docket was last retrieved on September 3, 2020. A more recent docket listing may be available from PACER.
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Case transferred from NDTX has been opened in Eastern District of Virginia as case number 1:20-cv-1036. (cea) |
Interdistrict Transfer to Eastern District of Virginia, Alexandria 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 Eastern District of Virginia, Alexandria Division. (mjr) |
Filing 26 MEMORANDUM OPINION AND ORDER #19 Unopposed 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 James Addis's case be severed and transferred to the Western Division of the Central District of California (Civil case 3:20-cv-2675-S opened); b. Plaintiff Kristan Clark's case be severed and transferred to the Eugene Division of the District of Oregon (Civil case 3:20-cv-2676-S opened); c. Plaintiff Brent Goshorn's case be severed and transferred to the Southern Division of the Western District of Michigan (Civil case 3:20-cv-2677-S opened); d. Plaintiff David Holtzman's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (Civil case 3:20-cv-2678-S opened); e. Plaintiff Judith Hooper's case be severed and transferred to the Alexandria Division of the Eastern District of Virginia (Civil case 3:20-cv-2679-S opened); f. Plaintiff Timothy Miller's case be severed and transferred to the San Jose Division of the Northern District of California (Civil case 3:20-cv-2680-S opened); g. Plaintiff Jennifer Pelayo's case be severed and transferred to the Fresno Division of the Eastern District of California (Civil case 3:20-cv-2681-S opened); and h. Plaintiff Katherine Proudfoot's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2682-S opened). Plaintiff Peggy Aguilar 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) |
Filing 25 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #24 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #19 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) |
Filing 24 Supplemental MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Brent Goshorn (Schulte, Steven) |
Filing 23 ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Anthony Juarez's claims against Defendants. The parties shall bear their own costs. (Ordered by Judge Karen Gren Scholer on 8/19/2020) (axm) |
Filing 22 RESPONSE filed by Bard Peripheral Vascular Incorporated, 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 James Addis, Peggy Aguilar, Kristan Clark, Brent Goshorn, David Holtzman, Judith Hooper, Anthony Juarez, Timothy Miller, Jennifer Pelayo, Katherine Proudfoot 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 James Addis, Peggy Aguilar, Kristan Clark, Brent Goshorn, David Holtzman, Judith Hooper, Anthony Juarez, Timothy Miller, Jennifer Pelayo, Katherine Proudfoot 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 James Addis, Peggy Aguilar, Kristan Clark, Brent Goshorn, David Holtzman, Judith Hooper, Anthony Juarez, Timothy Miller, Jennifer Pelayo, Katherine Proudfoot (Schulte, Steven) |
Filing 18 RESPONSE filed by James Addis, Peggy Aguilar, Kristan Clark, Brent Goshorn, David Holtzman, Judith Hooper, Anthony Juarez, Timothy Miller, Jennifer Pelayo, Katherine Proudfoot re: #2 MOTION to Dismiss for Lack of Jurisdiction , #9 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) |
Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by James Addis, Peggy Aguilar, Kristan Clark, Brent Goshorn, David Holtzman, Judith Hooper, Anthony Juarez, Timothy Miller, Jennifer Pelayo, Katherine Proudfoot (Attachments: #1 Exhibit(s)) (Schulte, Steven) |
Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by 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 #2 MOTION to Dismiss for Lack of Jurisdiction , #9 MOTION to Dismiss for Lack of Jurisdiction filed by James Addis, Peggy Aguilar, Kristan Clark, Brent Goshorn, David Holtzman, Judith Hooper, Anthony Juarez, Timothy Miller, Jennifer Pelayo, Katherine Proudfoot (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 ORDER: The undersigned Senior United States District Judge ORDERS that the above-styled and -numbered civil action be TRANSFERRED to the docket of the Honorable Karen Gren Scholer, United States District Judge, for further case management. This civil action shall henceforth carry the suffix letter "S." (Ordered by Senior Judge Sam R Cummings on 6/15/2020) (twd) |
Filing 6 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. (Jarreau, Jordan) Modified corporate parent on 6/12/2020 (mla). |
Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) |
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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (oyh) |
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 0539-10903894) 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 - 2020-04-03 Plaintiffs' Original Petition, #9 Exhibit(s) D-3 - 2020-04-03 Civi Case Info. Sheet, #10 Exhibit(s) D-4 - 2020-04-03 Citation Issued - Bard Peripheral, #11 Exhibit(s) D-5 - 2020-04-03 Citation Issued - C.R. Bard, #12 Exhibit(s) D-6 - 2020-04-03 Citation Issued - McKesson, #13 Exhibit(s) D-7 - 2020-05-06 Affidavit 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 Peripheral) (Jarreau, Jordan) |
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