Rael v. C R Bard Inc et al
| Michael Rael |
| Does 1 through 100 Inclusive, C R Bard Inc, McKesson Corporation and Bard Peripheral Vascular Inc |
| 5:2020cv00199 |
| August 19, 2020 |
| US District Court for the Northern District of Texas |
| Lubbock Office |
| James Wesley Hendrix |
| Torts/Pers Inj: Product Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 7, 2020. A more recent docket listing may be available from PACER.
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| Filing 33 Joint STATUS REPORT and Report Regarding Contents of Scheduling Order filed by Bard Peripheral Vascular Inc, C R Bard Inc. (Matthews, Melissa) |
Filing 32
ORDER granting #31 Unopposed Motion for Leave for Exemption from Local Rule 83.10. (Ordered by Judge James Wesley Hendrix on 10/5/2020) (zzm)
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| Filing 31 Unopposed MOTION for Leave to File Exemption from Local Rule 83.10 filed by Michael Rael (Attachments: #1 Proposed Order on Motion for Leave for Exemption from Local Rule 83.10) (Schulte, Steven) |
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Filing 30
ORDER granting #28 Motion for Leave for Exemption from Local Rule 83.10. (Ordered by Judge James Wesley Hendrix on 9/30/2020) (krr)
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Filing 29
ORDER GRANTING DISMISSAL OF CLAIMS AGAINST MCKESSON CORPORATION WITHOUT PREJUDICE: The Court instructs the Clerk of Court to terminate McKesson Corporation as a party to this lawsuit. This dismissal does not affect Rael's claims against the remaining defendants. (Ordered by Judge James Wesley Hendrix on 9/30/2020) (krr)
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| Filing 28 MOTION for Leave for Exemption From Local Rule 83.10 filed by Bard Peripheral Vascular Inc, C R Bard Inc (Attachments: #1 Proposed Order) (Matthews, Melissa) |
| Filing 27 Joint STIPULATION OF DISMISSAL of Claims Against McKesson Corporation Without Prejudice by Bard Peripheral Vascular Inc, C R Bard Inc. (Matthews, Melissa) |
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Filing 26
ORDER: The Court, having reviewed the docket in this case, notes that the parties are not in compliance with the local-counsel requirement set out by this Court's Local Civil Rules. Local Civil Rule 83.10 requires parties in civil cases to obtain local counsel, which is defined as "a member of the bar of this court who resides or maintain the attorney's principal office in this district and whose residence or principal office is located within 50 miles of the courthouse in the division in which the case is pending." Attorneys who seek to proceed without local counsel must first obtain leave from the presiding judge. 1d. The parties are therefore ordered to obtain local counsel or file a motion to proceedwithout local counsel by October 13, 2020. (Ordered by Judge James Wesley Hendrix on 9/29/2020) (lkw)
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Filing 25
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Lead counsel for each party (or a designee attorney with appropriate authority) and any unrepresented party (except for a prisoner litigant proceeding pro se) shall confer at a scheduling conference as soon as practicable, but in any event no later than September 29, 2020. The Joint Report shall be filed on or before October 13, 2020. (Ordered by Judge James Wesley Hendrix on 9/15/2020) (krr)
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| Hearing/Deadline Modification: Deadlines/hearings set per #25 Order for Scheduling Order Proposal: Scheduling conference 9/29/2020. Joint Report due by 10/13/2020. (krr) |
| Filing 24 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. Clerk to provide copy to plaintiff if not received electronically. (bmh) |
| New case number 5:20-cv-199-H, Rael v. C R Bard Inc et al has been opened following the order of transfer entered in case number 3:20-cv-2387. Future filings should be made in the LUBBOCK division and reflect the new case number as indicated. Clerk to complete new case processing and mail notice of this entry to any party who did not receive it electronically. (chmb) |
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Filing 23
MEMORANDUM OPINION AND ORDER granting #17 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 Stacy Eckenrod's case be severed and transferred to the Harrisburg Division of the Middle District of Pennsylvania (Civil case 3:20-cv-2382 opened); b. Plaintiff Ashley Hartman-Massey's case be severed and transferred to the Plano Division of the Eastern District of Texas (Civil case 3-20-cv-2383 opened); c. Plaintiff Toni Hines's case be severed and transferred to the Pittsburgh Division of the Western District of Texas (Civil case 3:20-cv-2384 opened); d. Plaintiff Marlene McBride's case be severed and transferred to the District of Columbia (Civil case 3:20-cv-2385 opened); e. Plaintiff Karen McKay's case be severed and transferred to the Las Vegas Division of the District Court of Nevada (Civil case 3:20-cv-2386 opened); f. Plaintiff Michael Rael's case be severed and transferred to the Lubbock Division of the Northern District of Texas (Civil case 3:20-cv-2387 opened); g. Plaintiff Denise Rowe's case be severed and transferred to the Manassas Division of the Eastern District of Virginia (Civil case 3:20-cv-2388 opened); h. Plaintiff Robert Stuebs's case be severed and transferred to the Kansas City Division of the District of Kansas (Civil case 3:20-cv-2389 oepned); i. Plaintiff Terry Walley's case be severed and transferred to the Wilmington Division of the District of Delaware (Civil case 3:20-cv-2390 opened). Plaintiff Eric Ramirez 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 8/19/2020) (jmg)
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| Filing 22 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) |
| Filing 21 NOTICE of Filing Completed Forms for Each Plaintiff re: #20 Order, filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) Exhibit A) (Matthews, Melissa) |
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Filing 20
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) (oyh)
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| Filing 19 Appendix in Support filed by Stacy Eckenrod, Ashley Hartman-Massey, Toni Hines, Marlene McBride, Karen McKay, Michael Rael, Eric Ramirez, Denise Rowe, Robert Stuebs, Terry Walley re #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) |
| Filing 18 Brief/Memorandum in Support filed by Stacy Eckenrod, Ashley Hartman-Massey, Toni Hines, Marlene McBride, Karen McKay, Michael Rael, Eric Ramirez, Denise Rowe, Robert Stuebs, Terry Walley re #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) |
| Filing 17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Stacy Eckenrod, Ashley Hartman-Massey, Toni Hines, Marlene McBride, Karen McKay, Michael Rael, Eric Ramirez, Denise Rowe, Robert Stuebs, Terry Walley (Schulte, Steven) |
| Filing 16 RESPONSE filed by Stacy Eckenrod, Ashley Hartman-Massey, Toni Hines, Marlene McBride, Karen McKay, Michael Rael, Eric Ramirez, Denise Rowe, Robert Stuebs, Terry Walley re: #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #3 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) |
| Filing 15 NOTICE of Filing Completed Forms for Each Plaintiff filed by Stacy Eckenrod, Ashley Hartman-Massey, Toni Hines, Marlene McBride, Karen McKay, Michael Rael, Eric Ramirez, Denise Rowe, Robert Stuebs, Terry Walley (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) |
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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 #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction, #3 MOTION to Dismiss for Lack of Jurisdiction filed by Stacy Eckenrod, Ashley Hartman-Massey, Toni Hines, Marlene McBride, Karen McKay, Michael Rael, Eric Ramirez, Denise Rowe, Robert Stuebs, Terry Walley (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) |
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Filing 12
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 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 11 replaced with the document flattened on 6/17/2020) (pnp). |
| 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 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) |
| Filing 8 Brief/Memorandum in Support filed by McKesson Corporation re #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) |
| Filing 7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) |
| 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 6/11/2020 (mla). (Main Document 5 replaced with flattened document on 6/11/2020) (awc). |
| 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 (Matthews, Melissa) |
| Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) |
| 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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (oyh) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10900958) 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 - 8-30-16 Romney, Kim Deposition, #6 Exhibit(s) D - Index to State Court Documents, #7 Exhibit(s) D-1 - State Court Docket Sheet, #8 Exhibit(s) D-2 - Plaintiffs' 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, Inc., #12 Exhibit(s) D-6 - Citation Issued to McKesson, #13 Exhibit(s) D-7 - Jury Demand, #14 Exhibit(s) D-8 - Affidavit of Service - McKesson, #15 Exhibit(s) D-9 - Return of Service - C.R.Bard, #16 Exhibit(s) D-10 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) |
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