Newcomb v. C R Bard Inc et al
Plaintiff: Jason Newcomb
Defendant: Does 1 through 100 Inclusive, C R Bard Inc, McKesson Corporation and Bard Peripheral Vascular Inc
Case Number: 6:2020cv00053
Filed: August 19, 2020
Court: US District Court for the Western District of Virginia
Office: Lynchburg Office
Presiding Judge: Robert S Ballou
Referring Judge: Norman K Moon
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 5, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 5, 2020 IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. The VAWD CM/ECF system will be unavailable from 8:00 am, October 10, 2020, through 8:00 am on Tuesday October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have their own individual #Upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your VAWD CM/ECF account after the Court goes live on NextGen CM/ECF October 13, 2020. Instructions for linking you r account can be found by clicking #here. Remember you cannot link your accounts until on or after the court goes live on NextGe n October 13, 2020. If you have any additional questions please call the VAWD Clerks Office at 540-857-5100 or email ecf@vawd.uscourts.gov. (ADI) (mzc)
September 29, 2020 IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. This is a Two-Step process. In Step one each attorney was to make sure they had an upgraded individual PACER account. Now in preparation for Step Two please make sure you know your VAWD CM/ECF username and password. Please manually log in to the VAWD CM/ECF system at #ht tps://ecf.vawd.uscourts.gov/cgi-bin/login.pl to make sure you know your current VAWD CM/ECF username and password. (do not rely on the auto-populating in your browser, because you will have to manually enter your CM/ECF username and password during the linking process after we go live on NextGen.) If you do not know your username or password please email ecf@vawd.uscourts.gov and include your bar# and contact phone#. (ADI) (mzc)
September 28, 2020 Opinion or Order Filing 37 ORDER granting #34 Motion to Withdraw as Attorney. Attorney Darren McDowell and Eric Martin Przybysz terminated; granting #35 Motion to Withdraw as Attorney. Attorney Darren McDowell and Eric Martin Przybysz terminated. Plaintiff will continue to be represented by counsel Stone and Schulte. Signed by Magistrate Judge Robert S. Ballou on 09/28/2020. (ssm)
September 25, 2020 Opinion or Order Filing 36 ORDER granting #33 First MOTION for Steven Schulte to Appear Pro Hac Vice. Signed by Magistrate Judge Robert S. Ballou on 9/25/2020. (al)
September 22, 2020 Filing 35 Second MOTION to Withdraw as Attorney by Jason Newcomb. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Text of Proposed Order)(Stone, Amy)
September 22, 2020 Filing 34 First MOTION to Withdraw as Attorney by Jason Newcomb. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Text of Proposed Order)(Stone, Amy)
September 22, 2020 IMPORTANT NOTICE: The United States District Court for the Western District of Virginia (WDVA) will be going live on the Next Generation of CM/ECF (NextGen CM/ECF) Tuesday, October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step One is that each attorney must upgrade their individual PACER account, no shared accounts within firms will be allowed. Check and see if your PACER account is an "Upgraded" PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have an upgraded PACER account and no action is required until after the VAWD NextGen CM/ECF upgrade on October 13, 2020: 1) You have an upgraded PACER account for another NextGen Court or 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your VAWD CM/ECF account for your new NextGen CM/ECF account. Click #here to learn how to upgrade your PACER Account. If you still have questions regarding your PACER account, please contact the PACER Service Center 800- 676-6856. Complete information regarding the WDVA NextGen CM/ECF implementation can be found at #NextGen Information. (mzc) (ADI)
September 21, 2020 Filing 33 First MOTION for Steven Schulte to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3491532. by Jason Newcomb. Motions referred to Judge Robert S. Ballou. (Stone, Amy)
September 21, 2020 Filing 32 First NOTICE of Appearance by Amy Lorrelle Stone on behalf of Jason Newcomb (Stone, Amy)
September 1, 2020 Opinion or Order Filing 31 ORDER granting #29 Motion to Withdraw as Attorney. Attorney Jordan E Jarreau is hereby permitted to withdraw as counsel for Defendants. Signed by Magistrate Judge Robert S. Ballou on September 1, 2020. (ca)
September 1, 2020 Opinion or Order Filing 30 ORDER granting #28 Motion to Withdraw as Attorney. Attorney Melissa Dorman Matthews is hereby permitted to withdraw as counsel for Defendants. Signed by Magistrate Judge Robert S. Ballou on September 1, 2020. (ca)
August 31, 2020 Filing 29 MOTION to Withdraw as Attorney Jordan E. Jarreau by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Proposed Order)(Busman, Philip)
August 31, 2020 Filing 28 MOTION to Withdraw as Attorney Melissa Dorman Matthews by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Proposed Order)(Busman, Philip)
August 31, 2020 Filing 27 NOTICE of Appearance by Philip Marshal Busman on behalf of Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Busman, Philip)
August 21, 2020 Opinion or Order Filing 26 ORDER referring all non-dispositive pretrial motions and issues to United States Magistrate Judge Robert S. Ballou. Signed by Senior Judge Norman K. Moon on 8/21/2020. (al)
August 19, 2020 Filing 25 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02299. Original file certified copy of transfer order and docket sheet received.
August 18, 2020 Opinion or Order 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 8/19/2020.]
August 14, 2020 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 8/19/2020.]
August 12, 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 8/19/2020.]
August 12, 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 8/19/2020.]
July 31, 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 8/19/2020.]
July 31, 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 8/19/2020.]
July 31, 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 8/19/2020.]
July 31, 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 8/19/2020.]
July 22, 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 8/19/2020.]
July 22, 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 8/19/2020.]
July 1, 2020 Opinion or Order 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 8/19/2020.]
June 29, 2020 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 8/19/2020.]
June 17, 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 8/19/2020.]
June 17, 2020 Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.]
June 17, 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 8/19/2020.]
June 17, 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 8/19/2020.]
June 17, 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 8/19/2020.]
June 11, 2020 Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Matthews, Melissa) [Transferred from Texas Northern on 8/19/2020.]
June 11, 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 8/19/2020.]
June 10, 2020 Opinion or Order 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 8/19/2020.]
June 10, 2020 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 8/19/2020.]
June 10, 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 8/19/2020.]
June 10, 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 8/19/2020.]
June 10, 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 8/19/2020.]

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Search for this case: Newcomb v. C R Bard Inc et al
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Defendant: Does 1 through 100 Inclusive
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Defendant: C R Bard Inc
Represented By: Jordan E Jarreau
Represented By: Melissa Dorman Matthews
Represented By: Philip Marshal Busman
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Defendant: McKesson Corporation
Represented By: Jordan E Jarreau
Represented By: Melissa Dorman Matthews
Represented By: Philip Marshal Busman
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Defendant: Bard Peripheral Vascular Inc
Represented By: Jordan E Jarreau
Represented By: Melissa Dorman Matthews
Represented By: Philip Marshal Busman
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Plaintiff: Jason Newcomb
Represented By: Darren McDowell
Represented By: Steven Schulte
Represented By: Eric Martin Przybysz
Represented By: Amy Lorrelle Stone
Represented By: Steven S. Schulte
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