Munzing v. CR Bard Inc et al
| Kelley Munzing |
| McKesson Corporation, CR Bard Inc, Does 1 through 100 inclusive and Bard Peripheral Vascular, Inc. |
| 3:2020cv00647 |
| August 20, 2020 |
| US District Court for the Eastern District of Virginia |
| Richmond Office |
| Michael S Nachmanoff |
| David J Novak |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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| Remark: DETAILS: Case transferred from Virginia Eastern has been opened in CENTRAL DISTRICT OF CALIFORNIA as case 8:20-cv-01647, filed 08/31/2020. (tjoh, ) |
Filing 37
ORDER - The Court hereby GRANTS the parties' Motion (ECF No. 36) and DIRECTS the Clerk to transfer this matter to the Central District of California, Santa Ana Division. Upon transfer, this case shall be administratively CLOSED. Signed by District Judge David J. Novak on 08/31/2020. (tjoh, )
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| Filing 36 Joint MOTION to Transfer Case by Bard Peripheral Vascular, Inc., CR Bard Inc, McKesson Corporation. (Attachments: #1 Proposed Order)(Busman, Philip) |
| Case electronically transferred to District of Central District of California, Santa Ana Division. (tjoh, ) |
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Filing 35
ORDER - The Court hereby ORDERS each party to file within fourteen (14) calendar days a position on whether this case should be consolidated with the cases cited above pursuant to Federal Rule of Civil Procedure 42(a). Each party shall provide an explanation in support of its position. Signed by District Judge David J. Novak on 08/28/2020. (tjoh, )
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Filing 34
ORDER granting #31 Motion to Withdraw as Attorney. Attorney Melissa Dorman Matthews; Jordan E Jarreau and Jessica Junek terminated; granting #32 Motion to Withdraw as Attorney. Attorney Melissa Dorman Matthews; Jordan E Jarreau and Jessica Junek terminated; granting #33 Motion to Withdraw as Attorney. Attorney Melissa Dorman Matthews; Jordan E Jarreau and Jessica Junek terminated. Signed by District Judge David J. Novak on 08/28/2020. (tjoh, )
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| Filing 33 MOTION to Withdraw as Attorney Jessica C. Junek by Bard Peripheral Vascular, Inc., CR Bard Inc, McKesson Corporation. (Attachments: #1 Proposed Order)(Busman, Philip) |
| Filing 32 MOTION to Withdraw as Attorney Jordan E. Jarreau by Bard Peripheral Vascular, Inc., CR Bard Inc, McKesson Corporation. (Attachments: #1 Proposed Order)(Busman, Philip) |
| Filing 31 MOTION to Withdraw as Attorney Melissa Dorman Matthews by Bard Peripheral Vascular, Inc., CR Bard Inc, McKesson Corporation. (Attachments: #1 Proposed Order)(Busman, Philip) |
| Filing 30 NOTICE of Appearance by Philip M. Busman on behalf of Bard Peripheral Vascular, Inc., CR Bard Inc, McKesson Corporation (Busman, Philip) |
| Case reassigned to District Judge David J. Novak. Case was incorrectly assigned to Magistrate Judge Michael S. Nachmanoff initially. Clerk has corrected docket and this case is no longer assigned to Judge Nachmanoff. (jtho, ) |
| Filing 29 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02272. Original file and docket sheet received. |
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Filing 28
MEMORANDUM OPINION AND ORDER granting #25 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 Maria Giordano's case be severed and transferred to the New HavenDivision of the District of Connecticut (Civil case 3:20-cv-2267-S opened); b. Plaintiff Peggy Grindstaff's case be severed and transferred to the Greenville Division of the Eastern District of Tennessee (Civil case 3:20-cv-2268-S opened); c. Plaintiff Andrew Holness's case be severed and transferred to the White Plains Division of the Southern District of New York (Civil case 3:20-cv-2269-S opened); d. Plaintiff Adrian Martinez's case be severed and transferred to the Kansas City Division of the Western District of Missouri (Civil case 3:20-cv-2270-S opened); e. Plaintiff Jerry Mickens's case be severed and transferred to the Richmond Division of the Eastern District of Virginia (Civil case 3:20-cv-2271-S opened); f. Plaintiff Kelley Munzings case be severed and transferred to the Richmond Division of the Eastern District of Virginia (Civil case 3:20-cv-2272-S opened); g. Plaintiff Stephanie Phillips's case be severed and transferred to the Columbus Division of the Middle District of Georgia (Civil case 3:20-cv-2273-S opened); h. Plaintiff Joseph Ronga's case be severed and transferred to the Fort Lauderdale Division of the Southern District of Florida (Civil case 3:20-cv-2274-S opened). Plaintiff Nathan Fee 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 8/18/2020) (axm) [Transferred from Texas Northern on 8/20/2020.]
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| Filing 27 RESPONSE filed by Bard Peripheral Vascular Inc, CR Bard Inc re: #25 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 26 Brief/Memorandum in Support filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga re #25 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 25 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 24 RESPONSE filed by Bard Peripheral Vascular Inc, CR Bard Inc, McKesson Corporation re: #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 23 Appendix in Support filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga re #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases Including Declaration and Exhibits (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 22 Brief/Memorandum in Support filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga re #21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 21 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 20 RESPONSE filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga re: #9 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 19 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Inc, CR Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s) A - Responses) (Matthews, Melissa) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 18 NOTICE of Filing Completed Forms For Each Plaintiff filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
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Filing 17
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) (mla) [Transferred from Texas Northern on 8/20/2020.]
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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) [Transferred from Texas Northern on 8/20/2020.]
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| Filing 15 MOTION for Extension of Time to File Response/Reply to #9 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction, #2 MOTION to Dismiss for Lack of Jurisdiction filed by Nathan Fee, Maria Giordano, Peggy Grindstaff, Andrea Holness, Adrian Martinez, Jerry Mickens, Kelley Munzing, Stephanie Phillips, Joseph Ronga (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 14 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction As Amended (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 13 replaced with the flattened document on 6/18/2020) (pnp). [Transferred from Texas Northern on 8/20/2020.] |
| Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, CR Bard Inc (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 10 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 9 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by McKesson Corporation Attorney Jessica Junek added to party McKesson Corporation(pty:dft) (Junek, Jessica) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Junek, Jessica) (Main Document 8 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/20/2020.] |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CR Bard Inc. (Junek, Jessica) (Main Document 7 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/20/2020.] |
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Filing 6
ORDER REASSIGNING CASE. The above-referenced matter is transferred to the docket of the Honorable Judge Karen Gren Scholer, who has a related case. All future pleadings shall be filed under case number 3:20-CV-1484-S. Judge David C Godbey no longer assigned to case. (Ordered by Judge David C Godbey on 6/9/2020) (twd) [Transferred from Texas Northern on 8/20/2020.]
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Filing 5
ORDER REQUIRING STATUS AND SCHEDULING CONFERENCE: The parties are directed to confer within 14 days of the date of this Order and report to the Court within 14 days after the conference the parties' position. (Ordered by Judge David C Godbey on 6/8/2020) (mla) [Transferred from Texas Northern on 8/20/2020.]
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| 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 3 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, CR Bard Inc re #2 MOTION to Dismiss for Lack of Jurisdiction (Matthews, Melissa) Modified Docket Text on 6/9/2020 (oyh). [Transferred from Texas Northern on 8/20/2020.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, CR Bard Inc (Matthews, Melissa) Modified Docket Text on 6/9/2020 (oyh). [Transferred from Texas Northern on 8/20/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Bard Peripheral Vascular Inc, CR Bard Inc. (Filing fee $400; receipt number 0539-10897774) 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 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 Corporation, #13 Exhibit(s) D-7 - Status Conference Order, #14 Exhibit(s) D-8 - Return of Service - C.R. Bard, #15 Exhibit(s) D-9 - Status Conference Order, #16 Exhibit(s) D-10 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) Modified Docket Text on 6/9/2020 (oyh). [Transferred from Texas Northern on 8/20/2020.] |
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