Gaddis v. C R Bard Inc et al
| Lucretia Gaddis |
| McKesson Corporation, C R Bard Inc, Bard Peripheral Vascular Incorporated and Does 1 through 100 Inclusive |
| 3:2020cv02693 |
| 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 Southern District of Mississippi as case number 3:20-cv-589. (cea) |
| Interdistrict Transfer to Southern District of Mississippi, Northern 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 Souther District of Mississippi, Northern Division. (mjr) |
Filing 28
Memorandum Opinion and Order Grants #18 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 Reginald Carlock's case be severed and transferred to the Central Division of the Eastern Division of Arkansas (3:20-cv-2692 case opened); b. Plaintiff Lucretia Gaddis's case be severed and transferred to the Northern Division of the Southern District of Mississippi (3:20-cv-2693 case opened); c. Plaintiff Earl Lee's case be severed and transferred to the Eastern Division of the Southern District of Mississippi (3:20-cv-2694 case opened); d. Plaintiff Emile Wilkinson-Arter's case be severed and transferred to the Western Division of the Western District of Missouri (3:20-cv-2695 case opend); e. Plaintiff Susan Degrado's case be severed and transferred to the Reno Division of the District of Nevada (3:20-cv-2696 case opened); f. Plaintiff Jacob Williams's case be severed and transferred to the Augusta Division of the Southern District of Georgia (3:20-cv-2697 case opened); g. Plaintiff Brandi Rose's case be severed and transferred to the Ashland Division of the Eastern District of Kentucky (3:20-cv-2698 case opened); and h. Plaintiff Anna Parker's case be severed and transferred to the Milwaukee Division of the Eastern District of Wisconsin (3:20-cv-2699 case opened). Plaintiff Lillian Chapa-Mendez 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) (mjr)
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Filing 27
ORDER: The Court DISMISSES WITHOUT PREJUDICE Plaintiff Robert Conley's claims against Defendants. The parties shall bear their own costs Party Robert Conley terminated. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (axm)
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| Filing 26 Supplemental RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) Modified title on 8/25/2020 (awc). |
| Filing 25 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) |
| Filing 24 NOTICE of Filing Completed Forms for Each Plaintiff re: #23 Order Setting Deadline/Hearing, filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) Exhibit A) (Matthews, Melissa) |
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Filing 23
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 8/3/2020) (ctf)
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| Filing 22 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation re: #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) |
| Filing 21 Appendix in Support filed by Reginald Carlock, Lillian Chapa-Mendez, Robert Conley, Susan Degrado, Lucretia Gaddis, Earl Lee, Anna Parker, Brandi Rose, Emile Wilkinson-Arter, Jacob Williams re #18 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 Reginald Carlock, Lillian Chapa-Mendez, Robert Conley, Susan Degrado, Lucretia Gaddis, Earl Lee, Anna Parker, Brandi Rose, Emile Wilkinson-Arter, Jacob Williams re #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) |
| Filing 19 RESPONSE filed by Reginald Carlock, Lillian Chapa-Mendez, Robert Conley, Susan Degrado, Lucretia Gaddis, Earl Lee, Anna Parker, Brandi Rose, Emile Wilkinson-Arter, Jacob Williams re: #3 MOTION to Dismiss for Lack of Jurisdiction , #10 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) |
| Filing 18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Reginald Carlock, Lillian Chapa-Mendez, Robert Conley, Susan Degrado, Lucretia Gaddis, Earl Lee, Anna Parker, Brandi Rose, Emile Wilkinson-Arter, Jacob Williams (Schulte, Steven) |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Reginald Carlock, Lillian Chapa-Mendez, Robert Conley, Susan Degrado, Lucretia Gaddis, Earl Lee, Anna Parker, Brandi Rose, Emile Wilkinson-Arter, Jacob Williams (Attachments: #1 Exhibit(s)) (Schulte, Steven) |
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Filing 16
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 15 MOTION for Extension of Time to File Response/Reply to #3 MOTION to Dismiss for Lack of Jurisdiction , #10 MOTION to Dismiss for Lack of Jurisdiction filed by Reginald Carlock, Lillian Chapa-Mendez, Robert Conley, Susan Degrado, Lucretia Gaddis, Earl Lee, Anna Parker, Brandi Rose, Emile Wilkinson-Arter, Jacob Williams (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
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Filing 14
ELECTRONIC ORDER: Civil action numbers 3:20-CV-1499-X; 3:20-CV-1469-X; 3:20-CV-1566-X; and 3:20-CV-1500-X are hereby transferred to the docket of the Honorable Karen Gren Scholer and shall henceforth carry the suffix letter "S". (Ordered by Judge Brantley Starr on 6/19/2020) (ctf)
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| Filing 13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) |
| Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) |
| Filing 11 Brief/Memorandum in Support filed by McKesson Corporation re #10 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) |
| Filing 9 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) |
| Filing 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) |
| Filing 4 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, C R Bard Inc re #3 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) |
| Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) |
| Filing 2 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. (hml) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by c.r. bard inc., Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10896335) 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 - 08.30.2016 Romney, Kim deposition, #6 Exhibit(s) D-1 Index of State Docs, #7 Exhibit(s) D-2 Chapa-Menza - State Court Docket Sheet, #8 Exhibit(s) D-3. 2020-04-07 - Plaintiffs' Original Petition, #9 Exhibit(s) D-4. 2020-04-07 - Civil Case Information Sheet, #10 Exhibit(s) D-5. 2020-04-08 - Citation Issued to Bard Peripheral Vascular, Inc., #11 Exhibit(s) D-6. 2020-04-08 - Citation Issued to C.R. Bard, #12 Exhibit(s) D-7 2020-04-08 - Citation Issued to McKesson, #13 Exhibit(s) D-8 2020-05-06 - Executed Affidavit of Service to McKesson Corp - 05-01-2020, #14 Exhibit(s) D-9 2020-05-22 - Executed Return of Service to C. R. Bard - 05-20-2020, #15 Exhibit(s) D-10 2020-06-04 Executed Return of Service to Bard Peripheral Vascular, Inc. - 05-20-2020) (Jarreau, Jordan) |
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