Gosnell v. C R Bard Inc et al
| Terry Gosnell |
| McKesson Corporation, C R Bard Inc, Bard Peripheral Vascular Incorporated and Does 1 through 100 Inclusive |
| 1:2020cv00213 |
| August 28, 2020 |
| U.S. District Court for the Northern District of West Virginia |
| Clarksburg Office |
| Irene M Keeley |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 20, 2020. A more recent docket listing may be available from PACER.
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Filing 46
ORDER STAYING CASE. Court GRANTS the motion Dkt. No. #36 , STAYS the case until February 1, 2021, and DIRECTS counsel to submit a proposed dismissal order or status report no later than February 1, 2021. Signed by Senior Judge Irene M. Keeley on 10/20/2020. (copy counsel of record)(jmm)
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Filing 45
ORDER GRANTING MOTION FOR LEAVE TO WITHDRAW AS COUNSEL DKT. NO. #39 . DIRECTS the Clerk to terminate McDowell and Przybysz as counsel of record in this case. Signed by Senior Judge Irene M. Keeley on 10/20/2020. (copy counsel of record)(jmm)
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Filing 44
ORDER DENYING AS MOOT MOTION TO DISMISS DKT. NO. #2 . Signed by Senior Judge Irene M. Keeley on 10/20/2020. (copy counsel of record)(jmm)
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Filing 43
ORDER granting #41 Motion for Leave to Appear Pro Hac Vice for Steven S. Schulte. Signed by Senior Judge Irene M. Keeley on 10/20/2020. (jmm)
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| Filing 42 Pro Hac Filing fee: $ 200.00, receipt number WVNC003035 for Attorney Steven Schulte. (jmm) |
| Filing 41 MOTION for Leave to Appear Pro Hac Vice Steven S. Schulte by Terry Gosnell. (Attachments: #1 Attachment Texas Bar Certification, #2 Attachment Good Standing Certification)(Zatezalo, J.) |
| Filing 40 Proposed Order Granting Motion for Leave to Withdraw as Counsel by Terry Gosnell. (Zatezalo, J.) |
| Filing 39 MOTION to Withdraw as Attorney Darren McDowell and Eric Przybysz by Terry Gosnell. (Zatezalo, J.) |
| Filing 38 NOTICE of Appearance by J. Zachary Zatezalo on behalf of Terry Gosnell (Zatezalo, J.) |
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Filing 37
ORDER GRANTING MOTION TO EXTEND TIME FOR LOCAL COUNSEL TO ENTER AN APPEARANCE DKT. NO. #35 to October 8, 2020 and EXTENDS the deadline for attorneys Eric M. Przybysz, Darren McDowell, and Steven S. Schulte to complete and return the Pro Hac Vice application to the Clerk to October 12, 2020. Signed by Senior Judge Irene M. Keeley on 9/10/2020. (copy counsel of record)(jmm)
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| Filing 36 Joint MOTION to Stay by Bard Peripheral Vascular Incorporated, C R Bard Inc. (Bird, Melissa) |
| Filing 35 Plaintiff's Motion To Extend Time For Local Counsel To Enter An Appearance by Terry Gosnell. (jmm) |
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Filing 34
ORDER DISMISSING DEFENDANT McKESSON CORPORATION WITHOUT PREJUDICE granting #32 Motion to Dismiss. Signed by Senior Judge Irene M. Keeley on 9/3/2020. (copy counsel of record)(jmm)
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| Filing 33 Proposed Order re #32 Joint MOTION to Dismiss Plaintiff's Claims Against McKesson Corporation without Prejudice by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. (Bird, Melissa) |
| Filing 32 Joint MOTION to Dismiss Plaintiff's Claims Against McKesson Corporation without Prejudice by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. (Attachments: #1 Proposed Order)(Bird, Melissa) |
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Filing 31
ORDER granting #30 Motion to Withdraw as Attorney. IT IS ORDERED that Melissa Dorman Matthews, Esq. and Jordan E. Jarreau, Esq. are GRANTED leave to withdraw as counsel of record for Defendants C.R. Bard, Inc., Bard Peripheral Vascular, Inc., and McKesson Corporation. Attorneys Melissa Foster Bird, Esq. and Megan Basham Davis, Esq. shall remain as counsel of record for these Defendants. Signed by Senior Judge Irene M. Keeley on 9/1/2020. (wrr)
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| Filing 30 MOTION to Withdraw as Attorney by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation. (Attachments: #1 Proposed Order)(Bird, Melissa) |
| Filing 29 NOTICE of Appearance by Melissa Foster Bird on behalf of Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Bird, Melissa) |
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Filing 28
FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING: ***NOTICE TO ATTORNEYS*** : Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, ALL Non-governmental CORPORATE parties must file a DISCLOSURE STATEMENT with the Court. Forms are available on the Court's Web Site at http://www.wvnd.uscourts.gov/forms.htm Rule 26 Meeting to be held by 10/13/2020. Rule 26 Meeting Report due by 10/27/2020. Scheduling Conference set for 11/10/2020 03:30 PM in Judge Keeley Chambers before Senior Judge Irene M. Keeley. Discovery due by 11/18/2020. Signed by Senior Judge Irene M. Keeley on 8/31/2020. (copy counsel of record)(jmm)
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| Filing 27 VERIFICATION OF ATTORNEY ADMISSION for Eric M. Przybysz, Darren McDowell, Steven S. Schulte, Melissa D. Matthews. (jmm) |
| Filing 26 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02564. (jmm) |
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Filing 25
MEMORANDUM OPINION AND ORDER grants #19 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 Susan Bagwell's case be severed and transferred to the Oxford Division of the Northern District of Mississippi (Civil case 3:20-cv-2561 opened); b. Plaintiff Lisa Baker's case be severed and transferred to the Southern Division of the Northern District of Alabama (Civil case 3:20-cv-2562 opened); c. Plaintiff Jorge Diaz's case be severed and transferred to the Springfield Division of the District of Massachusetts (Civil case 3:20-cv-2563 opened); d. Plaintiff Terry Gosnell's case be severed and transferred to the Clarksburg Division of the Northern District of West Virginia (Civil case 3:20-cv-2564 opened); e. Plaintiff Kevin Guarino's case be severed and transferred to the Boston Division of the District of Massachusetts (Civil case 3:20-cv-2565 opened); f. Plaintiff Shanell Jackson's case be severed and transferred to the Houston Division of the Southern District of Texas (Civil case 3:20-cv-2566 opened); g. Plaintiff Michael Pitts's case be severed and transferred to the Newark Division of the District of New Jersey (Civil case 3:20-cv-2567 opened); and h. Plaintiff Ricky Stewart's case be severed and transferred to the Nashville Division of the Middle District of Tennessee (Civil case 3:20-cv-2568 opened). Plaintiff Kenneth Betcher 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 8/27/2020) (jmg) [Transferred from Texas Northern on 8/28/2020.]
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Filing 24
ORDER: The Cou1t DISMISSES WITHOUT PREJUDICE Plaintiff Robert D'Andrea's claims against Defendants. The parties shall bear their own costs. All Party Robert D'Andrea terminated. (Ordered by Judge Karen Gren Scholer on 8/25/2020) (axm) [Transferred from Texas Northern on 8/28/2020.]
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| Filing 23 Supplemental RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) Modified title on 8/25/2020 (awc). [Transferred from Texas Northern on 8/28/2020.] |
| Filing 22 RESPONSE filed by Bard Peripheral Vascular Incorporated, C R Bard Inc re: #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) [Transferred from Texas Northern on 8/28/2020.] |
| Filing 21 Appendix in Support filed by Susan Bagwell, Lisa Baker, Robert D'Andrea, Jorge Diaz, Terry Gosnell, Kevin Guarino, Shannell Jackson, Michael Pitts, Ricky Stewart re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from Texas Northern on 8/28/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Susan Bagwell, Lisa Baker, Robert D'Andrea, Jorge Diaz, Terry Gosnell, Kevin Guarino, Shannell Jackson, Michael Pitts, Ricky Stewart re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from Texas Northern on 8/28/2020.] |
| Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division filed by Susan Bagwell, Lisa Baker, Robert D'Andrea, Jorge Diaz, Terry Gosnell, Kevin Guarino, Shannell Jackson, Michael Pitts, Ricky Stewart (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/28/2020.] |
| Filing 18 RESPONSE AND OBJECTION filed by Susan Bagwell, Lisa Baker, Kenneth Betcher, Robert D'Andrea, Jorge Diaz, Terry Gosnell, Kevin Guarino, Shannell Jackson, Michael Pitts, Ricky Stewart re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/28/2020.] |
| Filing 17 NOTICE of Filing Completed Forms For Each Plaintiff filed by Susan Bagwell, Lisa Baker, Kenneth Betcher, Robert D'Andrea, Jorge Diaz, Terry Gosnell, Kevin Guarino, Shannell Jackson, Michael Pitts, Ricky Stewart (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/28/2020.] |
| Filing 16 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Bard Peripheral Vascular Incorporated, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from Texas Northern on 8/28/2020.] |
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Filing 15
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 July 22, 2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (ndt) [Transferred from Texas Northern on 8/28/2020.]
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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 8/28/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #9 MOTION to Dismiss for Lack of Jurisdiction , #2 MOTION to Dismiss for Lack of Jurisdiction filed by Susan Bagwell, Lisa Baker, Kenneth Betcher, Robert D'Andrea, Jorge Diaz, Terry Gosnell, Kevin Guarino, Shannell Jackson, Michael Pitts, Ricky Stewart (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/28/2020.] |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Jarreau, Jordan) [Transferred from Texas Northern on 8/28/2020.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/28/2020.] |
| Filing 10 Brief/Memorandum in Support filed by McKesson Corporation re #9 MOTION to Dismiss for Lack of Jurisdiction (Jarreau, Jordan) [Transferred from Texas Northern on 8/28/2020.] |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction filed by McKesson Corporation (Jarreau, Jordan) [Transferred from Texas Northern on 8/28/2020.] |
| Filing 8 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from Texas Northern on 8/28/2020.] |
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Filing 7
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 6/12/2020) (chmb) [Transferred from Texas Northern on 8/28/2020.]
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| Filing 6 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 8/28/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C R Bard Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 8/28/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular Inc. (Jarreau, Jordan) [Transferred from Texas Northern on 8/28/2020.] |
| 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 (Jarreau, Jordan) [Transferred from Texas Northern on 8/28/2020.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular Inc, C R Bard Inc (Jarreau, Jordan) [Transferred from Texas Northern on 8/28/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C R Bard Inc, Bard Peripheral Vascular Inc. (Filing fee $400; receipt number 0539-10910903) 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 page, #5 Exhibit(s) C - 8-30-16 Romney, Kim Deposition, #6 Exhibit(s) D - Index of State Docs, #7 Exhibit(s) D-1 State Court Docket Sheet, #8 Exhibit(s) D-2 2020-04-07 Original Petition, #9 Exhibit(s) D-3 2020-04-07 Civil Case Info. Sheet, #10 Exhibit(s) D-4 2020-04-07 Jury Demand, #11 Exhibit(s) D-5 2020-04-07 Citation Issued - Bard Periphreal, #12 Exhibit(s) D-6 2020-04-07 Citation Issued - C.R. Bard, #13 Exhibit(s) D-7 2020-04-07 Citation Issued - McKesson, #14 Exhibit(s) D-8 2020-05-06 Return of Service - McKesson, #15 Exhibit(s) D-9 2020-05-22 Return of Service - C.R. Bard, #16 Exhibit(s) D-10 2020-06-04 Return of Service Bard Peripheral) (Jarreau, Jordan) [Transferred from Texas Northern on 8/28/2020.] |
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