Copperthtie v. C R Bard Inc et al
| Rebecca Copperthtie |
| Does 1 through 100 inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular, Inc. |
| 3:2020cv00649 |
| August 20, 2020 |
| US District Court for the Eastern District of Virginia |
| Richmond Office |
| David J Novak |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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Filing 36
ORDER. Based on the parties' stipulation, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the Court hereby DISMISSES WITHOUT PREJUDICE all claims by Plaintiff against McKesson, with each party to bear its own fees and costs. The Court hereby DIRECTS the Clerk to terminate McKesson as a defendant in this matter. It is so ORDERED. Signed by District Judge David J. Novak on 9/14/2020. (sbea,)
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| Filing 35 STIPULATION of Dismissal Regarding Claims Against McKesson Corporation Without Prejudice by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Busman, Philip) |
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Filing 34
ORDER for good cause shown, pursuant to Federal Rules of Civil Procedure 26(c) and 26(d), the Court hereby GRANTS the parties' Joint Motion (ECF No. #33 ) and STAYS all deadlines in this matter for ninety (90) calendar days from the entry of this Order. Further, the Court hereby ORDERS the parties to file notice of any settlement, either in whole or in part, as soon as practicable but not later than 12:00 p.m. on the nearest business day following the date of settlement. It is so ORDERED. Signed by District Judge David J. Novak on 9/8/2020. (sbea,)
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| Filing 33 Joint MOTION to Stay Discovery and All Pretrial Deadlines by Bard Peripheral Vascular, Inc., C R Bard Inc. (Attachments: #1 Proposed Order)(Busman, Philip) |
| Filing 32 NOTICE of Appearance by Amy Lorrelle Stone on behalf of Rebecca Copperthtie (Stone, Amy) |
| Filing 31 NOTICE by Bard Peripheral Vascular, Inc., C R Bard Inc Regarding Defendants' Position That Consolidation Under Fed. R. Civ. P. 42 Is Inappropriate And Fundamentally Unfair (Attachments: #1 Exhibit A - Case Comparison Chart, #2 Exhibit B - August 20, 2019 and October 17, 2019 Transfer Orders, #3 Exhibit C - Order Denying Motion to Consolidate (Branch v. C.R. Bard, Inc., et al., 3:19-CV-2130-S, Doc. 77 (N.D. Tex. Apr. 20, 2020)), #4 Exhibit D - Orders Denying Consolidation in Bard IVC Filter Cases)(Busman, Philip) |
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Filing 30
ORDER that this matter comes before the Court on Defendants' Motions to Withdraw as Attorney (ECF Nos. #28 - #29 ), moving to withdraw Melissa Dorman Matthews, Esquire, and Jordan E. Jarreau, Esquire, as counsel of record for Defendants. For good cause shown, the Court hereby GRANTS Defendants' Motions (ECF Nos. #28 - #29 ) and DIRECTS the Clerk to terminate the above-named attorneys as counsel of record in this matter. It is so ORDERED. Signed by District Judge David J. Novak on 08/27/2020. (walk, )
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| Filing 29 MOTION to Withdraw as Attorney Jordan E. Jarreau by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Attachments: #1 Proposed Order)(Busman, Philip) |
| Filing 28 MOTION to Withdraw as Attorney Melissa Dorman Matthews by Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation. (Attachments: #1 Proposed Order)(Busman, Philip) |
| Filing 27 NOTICE of Appearance by Philip M. Busman on behalf of Bard Peripheral Vascular, Inc., C R Bard Inc, McKesson Corporation (Busman, Philip) |
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Filing 26
ORDER that this matter comes before the Court on its own initiative. It appears that this case shares common questions of law and fact with four other cases before the Court, namely: Dodson v. C.R. Bard, Inc., Civil No. 3:20cv596 (DJN); Jones v. C.R. Bard, Inc., et al., Civil No. 3:20cv646 (DJN); Mickens v. C.R. Bard, Inc., et al., Civil No. 3:20cv648 (DJN); and, Kearney v. C.R. Bard,Inc., et al., Civil No. 3:20cv650 (DJN). Accordingly, 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. It is so ORDERED. Signed by District Judge David J. Novak on 08/21/2020. (walk, )
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| Filing 25 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02294. Original file and docket sheet received. |
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Filing 24
Memorandum Opinion and Order re: #21 Unopposed Amended Motion to Sever and Transfer Venue of Out-of-State Plaintiffs' Cases. The Court GRANTS the Motion and directs the Clerk of the Court to sever and transfer this action as follows: a. Plaintiff Clyde Carr's case be severed and transferred to the Durham Division of the Middle District of North Carolina (Civil case 3:20-cv-2293-S opened); b. Plaintiff Rebecca Copperthtie's case be severed and transferred to the Richmond Division of the Eastern District of Virginia (Civil case 3:20-cv-2294-S opened); c. Plaintiff George Fenwick's case be severed and transferred to the Fargo Division of the District of North Dakota (Civil case 3:20-cv-2295-S opened); d. Plaintiff Bettye Floyd's case be severed and transferred to the Southern Division of the Northern District of Alabama (Civil case 3:20-cv-2296-S opened); e. Plaintiff Carolyn Lowe's case be severed and transferred to the Jackson Division of the Western District of Tennessee (Civil case 3:20-cv-2297-S opened); f. Plaintiff Janet Nacham's case be severed and transferred to the Erie Division of the Western District of Pennsylvania (Civil case 3:20-cv-2298-S opened); g. Plaintiff Jason Newcomb's case be severed and transferred to the Lynchburg Division of the Western District of Virginia (Civil case 3:20-cv-2299-S opened); h. Plaintiff Alethea Thomas's case be severed and transferred to the Memphis Division of the Western District of Tennessee (Civil case 3:20-cv-2300-S opened); i. Plaintiff Lela Tunstall's case be severed and transferred to the Mobile Division of the Southern District of Alabama (Civil case 3:20-cv-2301-S opened). Plaintiff Jane Stewart 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 8/18/2020) (ykp) Modified on 8/18/2020 (axm). [Transferred from Texas Northern on 8/20/2020.]
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| Filing 23 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Matthews, Melissa) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 22 Brief/Memorandum in Support filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall re #21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 21 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 20 Appendix in Support filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall re #18 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 19 Brief/Memorandum in Support filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall re #18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 18 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 17 RESPONSE filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall 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) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall (Attachments: #1 Exhibit(s) Completed Plaintiff Forms) (Schulte, Steven) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 15 NOTICE of Filing Completed Forms for Each Plaintiff filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from Texas Northern on 8/20/2020.] |
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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) [Transferred from Texas Northern on 8/20/2020.]
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| Filing 13 Agreed MOTION to Extend Time Extension to time resp/reply filed by Clyde Carr, Rebecca Copperthtie, George Fenwick, Bettye Floyd, Carolyn Lowe, Janet Nachman, Jason Newcomb, Jane Stewart, Alethea Thomas, Lela Tunstall (Attachments: #1 Proposed Order) (Przybysz, Eric) [Transferred from Texas Northern on 8/20/2020.] |
| 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). [Transferred from Texas Northern on 8/20/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) [Transferred from Texas Northern on 8/20/2020.] |
| 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) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 8 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) [Transferred from Texas Northern on 8/20/2020.] |
| 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. (Matthews, Melissa) Modified corporate parent on 6/12/2020 (mla). [Transferred from Texas Northern on 8/20/2020.] |
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Filing 5
ELECTRONIC ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge Ed Kinkeade no longer assigned to case. (Ordered by Judge Ed Kinkeade on 6/10/2020) (chmb) [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 Ramirez). 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., C. R. Bard, Inc. re #2 MOTION to Dismiss for Lack of Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. (Matthews, Melissa) [Transferred from Texas Northern on 8/20/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10904112) 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 - Plaintiffs' Original Petition, #9 Exhibit(s) D-3 - Civil Case Info Sheet, #10 Exhibit(s) D-4 - Jury Demand, #11 Exhibit(s) D-5 - Citation Issued to Bard Peripheral Vascular, Inc., #12 Exhibit(s) D-6 - Citation Issued to C.R. Bard, #13 Exhibit(s) D-7 - Citation Issued to McKesson Corp, #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) [Transferred from Texas Northern on 8/20/2020.] |
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