McPeak v. C R Bard Inc et al
Plaintiff: Carlos McPeak
Defendant: Does 1 through 100 inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular Inc
Case Number: 7:2020cv00492
Filed: August 19, 2020
Court: US District Court for the Western District of Virginia
Office: Roanoke 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 6, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 6, 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 36 ORDER granting #33 First Motion to Withdraw as Attorney, and #34 Second Motion to Withdraw as Attorney. Signed by Magistrate Judge Robert S. Ballou on 9/28/2020. (ams)
September 24, 2020 Opinion or Order Filing 35 ORDER granting #32 First MOTION for Steven Schulte to Appear Pro Hac Vice. Signed by Magistrate Judge Robert S. Ballou on 9/24/2020. (ams)
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 22, 2020 Filing 34 Second MOTION to Withdraw as Attorney by Carlos McPeak. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Text of Proposed Order)(Stone, Amy)
September 22, 2020 Filing 33 First MOTION to Withdraw as Attorney by Carlos McPeak. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Text of Proposed Order)(Stone, Amy)
September 21, 2020 Filing 32 First MOTION for Steven Schulte to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3491521. by Carlos McPeak. Motions referred to Judge Robert S. Ballou. (Stone, Amy)
September 21, 2020 Filing 31 First NOTICE of Appearance by Amy Lorrelle Stone on behalf of Carlos McPeak (Stone, Amy)
August 31, 2020 Opinion or Order Filing 30 ORDER granting #27 Motion to Withdraw as Attorney. Attorney Jessica Junek terminated Signed by Magistrate Judge Robert S. Ballou on 08/31/2020. (ams)
August 31, 2020 Opinion or Order Filing 29 ORDER granting #26 Motion to Withdraw as Attorney. Attorney Jordan E Jarreau terminated. Signed by Magistrate Judge Robert S. Ballou on 08/31/2020. (ams)
August 31, 2020 Opinion or Order Filing 28 ORDER granting #25 Motion to Withdraw as Attorney. Attorney Melissa Dorman Matthews terminated Signed by Magistrate Judge Robert S. Ballou on 08/31/2020. (ams)
August 27, 2020 Filing 27 MOTION to Withdraw as Attorney Jessica C. Junek 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 27, 2020 Filing 26 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 27, 2020 Filing 25 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 27, 2020 Filing 24 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 23 Order Referring Case to Magistrate Judge Robert S. Ballou for all non-dispositive pretrial motions andissues. Signed by Senior Judge Norman K. Moon on 08/21/2020. (ams)
August 19, 2020 Filing 22 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02224. Original file certified copy of transfer order and docket sheet received.
August 17, 2020 Opinion or Order Filing 21 MEMORANDUM OPINION AND ORDER granting #17 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 Patricia Carn's case be severed and transferred to the Harrisburg Division of the Middle District of Pennsylvania (Civil case 3:20-cv-2218-S); b. Plaintiff Stella Colbert's case be severed and transferred to the Jackson Division of the Western District of Tennessee (Civil case 3:20-cv-2219-S); c. Plaintiff William Creekmur's case be severed and transferred to the Paducah Division of the Western District of Kentucky (Civil case 3:20-cv-2220-S); d. Plaintiff Susan Dancy's case be severed and transferred to the Jackson Division of the Western District of Tennessee (Civil case 3:20-cv-2221-S); e. Plaintiff Markus Jackson's case be severed and transferred to the Cincinnati Division of the Southern District of Ohio (Civil case 3:20-cv-2222-S); f. Plaintiff Robert Laplante's case be severed and transferred to the St. Louis Division of the Eastern District of Missouri (Civil case 3:20-cv-2223-S); g. Plaintiff Carlos McPeak's case be severed and transferred to the Roanoke Division of the Western District of Virginia (Civil case 3:20-cv-2224-S); h. Plaintiff Barry McQuitty's case be severed and transferred to the Detroit Division of the Eastern District of Michigan (Civil case 3:20-cv-2225-S); i. Plaintiff Beverly Whitaker's case be severed and transferred to the Sacramento Division of the Eastern District of California (Civil case 3:20-cv-2226-S). Plaintiff Melvin Green 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 8/17/2020) (axm) [Transferred from Texas Northern on 8/19/2020.]
August 14, 2020 Filing 20 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 8/19/2020.]
July 30, 2020 Filing 19 Appendix in Support filed by Patricia Carn, Stella Colbert, William Creekmur, Susan Dancy, Melvin Green, Markus Jackson, Robert LaPlante, Carlos McPeak, Barry McQuitty, Beverly Whitaker 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 8/19/2020.]
July 30, 2020 Filing 18 Brief/Memorandum in Support filed by Patricia Carn, Stella Colbert, William Creekmur, Susan Dancy, Melvin Green, Markus Jackson, Robert LaPlante, Carlos McPeak, Barry McQuitty, Beverly Whitaker re #17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.]
July 30, 2020 Filing 17 MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Patricia Carn, Stella Colbert, William Creekmur, Susan Dancy, Melvin Green, Markus Jackson, Robert LaPlante, Carlos McPeak, Barry McQuitty, Beverly Whitaker (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.]
July 30, 2020 Filing 16 RESPONSE filed by Patricia Carn, Stella Colbert, William Creekmur, Susan Dancy, Melvin Green, Markus Jackson, Robert LaPlante, Carlos McPeak, Barry McQuitty, Beverly Whitaker re: #2 MOTION to Dismiss the Out-of-State Plaintiffs' Claims for Lack of Personal Jurisdiction, #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (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 Patricia Carn, Stella Colbert, William Creekmur, Susan Dancy, Melvin Green, Markus Jackson, Robert LaPlante, Carlos McPeak, Barry McQuitty, Beverly Whitaker (Attachments: #1 Exhibit(s)) (Schulte, Steven) [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 MOTION for Extension of Time to File Response/Reply to #2 MOTION to Dismiss the Out-of-State Plaintiffs' Claims for Lack of Personal Jurisdiction, #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction filed by Patricia Carn, Stella Colbert, William Creekmur, Susan Dancy, Melvin Green, Markus Jackson, Robert LaPlante, Carlos McPeak, Barry McQuitty, Beverly Whitaker (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/19/2020.]
June 16, 2020 Filing 12 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Junek, Jessica) [Transferred from Texas Northern on 8/19/2020.]
June 16, 2020 Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Junek, Jessica) [Transferred from Texas Northern on 8/19/2020.]
June 16, 2020 Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Junek, Jessica) (Main Document 10 replaced to flatten image on 6/16/2020) (dsr). [Transferred from Texas Northern on 8/19/2020.]
June 16, 2020 Filing 9 Brief/Memorandum in Support filed by McKesson Corporation re #8 MOTION to Dismiss the Out-of-State Plaintiffs Claims for Lack of Personal Jurisdiction (Junek, Jessica) [Transferred from Texas Northern on 8/19/2020.]
June 16, 2020 Filing 8 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 8/19/2020.]
June 10, 2020 Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Junek, Jessica) (Main Document 7 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/19/2020.]
June 10, 2020 Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Junek, Jessica) (Main Document 6 replaced with flattened document on 6/11/2020) (awc). [Transferred from Texas Northern on 8/19/2020.]
June 9, 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 6/9/2020) (chmb) [Transferred from Texas Northern on 8/19/2020.]
June 9, 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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from Texas Northern on 8/19/2020.]
June 9, 2020 Filing 3 Brief/Memorandum in Support filed by Bard Peripheral Vascular Inc, C R Bard Inc re #2 MOTION to Dismiss the Out-of-State Plaintiffs' Claims for Lack of Personal Jurisdiction (Junek, Jessica) [Transferred from Texas Northern on 8/19/2020.]
June 9, 2020 Filing 2 MOTION to Dismiss the Out-of-State Plaintiffs' Claims for Lack of Personal Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Junek, Jessica) [Transferred from Texas Northern on 8/19/2020.]
June 9, 2020 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10900275) 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 (redacted), #4 Exhibit(s) B - McKesson, #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 Citation Issued - Bard Peripheral, #11 Exhibit(s) D-5 Citation Issued - C.R. Bard Inc., #12 Exhibit(s) D-6 Citation Issued - McKesson, #13 Exhibit(s) D-7 Executed Affidavit of Service - McKesson, #14 Exhibit(s) D-8 Executed Return of Service- C.R. Bard Inc., #15 Exhibit(s) D-9 Executed Return of Service - Bard Peripheral) (Junek, Jessica) [Transferred from Texas Northern on 8/19/2020.]

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Defendant: Does 1 through 100 inclusive
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Defendant: McKesson Corporation
Represented By: Jessica Junek
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: Philip Marshal Busman
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Defendant: C R Bard Inc
Represented By: Jessica Junek
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: Philip Marshal Busman
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Defendant: Bard Peripheral Vascular Inc
Represented By: Jessica Junek
Represented By: Melissa Dorman Matthews
Represented By: Jordan E Jarreau
Represented By: Philip Marshal Busman
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Plaintiff: Carlos McPeak
Represented By: Steven Schulte
Represented By: Eric Martin Przybysz
Represented By: Darren McDowell
Represented By: Steven S. Schulte
Represented By: Amy Lorrelle Stone
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