Rowe v. C R Bard Inc et al
| Denise Rowe |
| Does 1 through 100 inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular, Inc. |
| 3:2020cv00660 |
| August 24, 2020 |
| US District Court for the Eastern District of Virginia |
| David J Novak |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on September 21, 2020. A more recent docket listing may be available from PACER.
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| Filing 38 Mail sent to Darren McDowell returned as undeliverable. (smej, ) |
Filing 37
ORDER - This matter comes before the Court on the parties' Stipulation to Dismiss Claims Against McKesson Corporation Without Prejudice #35 , stipulating to the dismissal without prejudice of all claims by Plaintiff against Defendant McKesson Corporation ("McKesson"). 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. Signed by District Judge David J. Novak on 9/14/2020. (smej, )
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| Filing 36 Mail sent to Darren McDowell returned as undeliverable. (smej, ) |
| 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 that the Court hereby GRANTS the parties' #33 Joint Motion to Stay Discovery and All Pretrial Deadlines 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. Signed by District Judge David J. Novak on 9/8/2020. (jsmi, )
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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 Denise Rowe (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 granting #28 Motion to Withdraw as Attorney. Attorney Jordan E Jarreau and Melissa Dorman Matthews terminated; granting #29 Motion to Withdraw as Attorney. Attorney Jordan E Jarreau and Melissa Dorman Matthews terminated. Signed by District Judge David J. Novak on 08/27/2020. (tjoh, )
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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 - 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. SEE ORDER FOR DETAILS. Signed by District Judge David J. Novak on 6/26/2020. (Copy mailed to all counsel of record) (smej, )
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| Filing 25 Letter from the Clerk mailed to Melissa Dorman Matthews, Jordan E. Jarreau, Eric Martin Przybysz, Steven Scott Schulte and Darren McDowell regarding Local Rule 83.1. (Copy of Local Rule 83.1 sent to attorneys) (Attachments: #1 Local Rule 83.1)(smej, ) |
| Filing 24 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02388. Original file and docket sheet received. |
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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) [Transferred from Texas Northern on 8/24/2020.]
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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) [Transferred from Texas Northern on 8/24/2020.] |
| 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) [Transferred from Texas Northern on 8/24/2020.] |
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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) [Transferred from Texas Northern on 8/24/2020.]
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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) [Transferred from Texas Northern on 8/24/2020.] |
| 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) [Transferred from Texas Northern on 8/24/2020.] |
| 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) [Transferred from Texas Northern on 8/24/2020.] |
| 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) [Transferred from Texas Northern on 8/24/2020.] |
| 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) [Transferred from Texas Northern on 8/24/2020.] |
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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 8/24/2020.]
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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) [Transferred from Texas Northern on 8/24/2020.] |
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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) [Transferred from Texas Northern on 8/24/2020.]
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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). [Transferred from Texas Northern on 8/24/2020.] |
| 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 8/24/2020.] |
| Filing 9 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
| 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) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
| 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). [Transferred from Texas Northern on 8/24/2020.] |
| 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) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) [Transferred from Texas Northern on 8/24/2020.] |
| 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) [Transferred from Texas Northern on 8/24/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10900958) 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) [Transferred from Texas Northern on 8/24/2020.] |
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