Shelton v. C R Bard Inc et al
| Tiffany Shelton |
| Does 1 through 100 Inclusive, McKesson Corporation, C R BARD INC and Bard Peripheral Vascular, Inc. |
| 3:2020cv00606 |
| September 15, 2020 |
| US District Court for the Southern District of West Virginia |
| Thomas E Johnston |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 36
SCHEDULING ORDER directing that this case shall proceed as follows: Last day to serve Rule 26(a)(1) disclosures is 11/17/2020. The amendment of any pleading and the joinder of any party shall be completed no later than 2/2/2021. The parties shall serve all discovery requests by 7/2/2021, and complete all depositions by 11/12/2021. Expert Witness List by the party bearing the burden of proof due no later than 9/13/2021, by the party not bearing the burden of proof due no later than 10/13/2021, and to solely contradict or rebut evidence due no later than 10/29/2021. All dispositive motions, except those filed under Rule 12(b), shall be filed and served by 12/2/2021, with responses due by 12/16/2021, and replies due by 12/23/2021. Signed by Judge Thomas E. Johnston on 10/27/2020. The Court will hold a telephonic status conference on 1/24/2022 at 2:00 pm. (cc: counsel of record; any unrepresented party) (lca)
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| Filing 35 RULE 26(f) REPORT OF PLANNING MEETING by Tiffany Shelton, Bard Peripheral Vascular, Inc., C R BARD INC. (Attachments: #1 Exhibit 1 - CMO No. 9, #2 Exhibit 2 - Stipulated Protective Order, #3 Exhibit 3 - CMO No. 14, #4 Exhibit 4 - CMO No. 7, #5 Exhibit 5 - CMO No. 17, #6 Exhibit 6 - CMO No. 12)(Bird, Melissa)(Modified on 10/26/2020 to add party filer) (mkw). |
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Filing 34
ORDER AND NOTICE: Rule 12(b) Motions 10/12/2020. Rule 26(f) Meeting 10/19/2020. Last day to file report of Rule 26(f) Meeting 10/26/2020. Scheduling Conference at 11:00 AM on 11/2/2020 in Charleston. Entry of Scheduling Order 11/9/2020. Last Day to make Rule 26(a)(1) disclosures 11/16/2020. Signed by Judge Thomas E. Johnston on 9/29/2020. (cc: attys; any unrepresented party) (tmr)
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Filing 33
ORDER re: #32 JOINT MOTION by Bard Peripheral Vascular, Inc., C R BARD INC, McKesson Corporation to Dismiss Without Prejudice: The Court DISMISSES WITHOUT PREJUDICE McKesson Corporation and DIRECTS the Clerk to remove McKesson Corporation from this action. Signed by Judge Thomas E. Johnston on 9/24/2020. (cc: counsel of record; any unrepresented party) (mk)
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| Filing 32 JOINT MOTION by Bard Peripheral Vascular, Inc., C R BARD INC, McKesson Corporation, Tiffany Shelton to Dismiss Complaint Without Prejudice Attached to #1 Notice of Removal. (Attachment: #1 Proposed Order)(Bird, Melissa) (Modified on 9/25/2020 to add link to #1 notice of removal and to add party filer) (ts). |
| Filing 31 NOTICE by Melissa Dorman Matthews and Jordan E. Jarreau of Withdrawal as Counsel on behalf of Bard Peripheral Vascular, Inc., C R BARD INC, McKesson Corporation (Bird, Melissa) |
| Filing 30 NOTICE OF APPEARANCE by Melissa Foster Bird and Megan Basham Davis on behalf of Bard Peripheral Vascular, Inc., C. R. Bard, Inc., McKesson Corporation. (Bird, Melissa) |
| Filing 29 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Eifert. (cc: attys; any unrepresented party) (hkl) |
| Filing 28 CASE TRANSFERRED IN from the Texas Northern; Case Number 3:20-cv-02434. Original file certified copy of transfer order and docket sheet received. |
| CASE assigned to Chief Judge Thomas E. Johnston. (klc) |
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Filing 27
MEMORANDUM OPINION AND ORDER grants #22 Motion to Sever and Transfer Venue of Out-of-State Plaintiffs' Cases Out of State Plaintiffs' Cases. The Court directs the Clerk of the Court to sever and transfer this action as follows: a. Plaintiff Peter Hertzberg's case be severed and transferred to the Milwaukee Division of the Eastern District of Wisconsin (Civil case 3:20-cv-2431 opened); b. Plaintiff Almary Johnson's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2432 opened); c. Plaintiff Olive Jones's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2433 opened); d. Plaintiff Tiffany Shelton's case be severed and transferred to the Huntington Division of the Southern District of West Virginia (Civil case 3:20-cv-2434 opened); e. Plaintiff Phillip Smith's case be severed and transferred to the Chicago Division of the Northern District of Illinois (Civil case 3:20-cv-2435 opened); f. Plaintiff Ruby Tafoya's case be severed and transferred to the Denver Division of the District of Colorado (Civil case 3:20-cv-2436 opened); g. Plaintiff James Wayt's case be severed and transferred to the Wheeling Division of the Northern District of West Virginia (Civil case 3:20-cv-2437 opened); and h. Plaintiff Peter Williams's case be severed and transferred to the Los Angeles Division of the Central District of California (Civil case 3:20-cv-2438 opened). Plaintiff Paulette Levin 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 8/20/2020) (jmg) [Transferred from Texas Northern on 9/15/2020.]
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| Interdistrict Transfer to Southern District of West Virginia, Huntington Division; notice sent via email. All documents available electronically. If receiving court cannot upload, documents are available from PACER (record does not contain restricted documents). Counsel advised to file future documents in Southern District of West Virginia, Huntington Division. (jmg) [Transferred from Texas Northern on 9/15/2020.] |
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Filing 26
ORDER: Pursuant to the parties' agreement, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Cynthia Hulse's claims against Defendants. The parties shall bear their own costs. Party Cynthia Hulse terminated. (Ordered by Judge Karen Gren Scholer on 8/19/2020) (axm) [Transferred from Texas Northern on 9/15/2020.]
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| Filing 25 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) [Transferred from Texas Northern on 9/15/2020.] |
| Filing 24 Appendix in Support filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Paulette Levin, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams re #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 9/15/2020.] |
| Filing 23 Brief/Memorandum in Support filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Paulette Levin, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams re #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 9/15/2020.] |
| Filing 22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Paulette Levin, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/15/2020.] |
| Filing 21 Appendix in Support filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams 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 9/15/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams 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 9/15/2020.] |
| Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/15/2020.] |
| Filing 18 RESPONSE AND OBJECTION filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 9/15/2020.] |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from Texas Northern on 9/15/2020.] |
| Filing 16 NOTICE of Filling Completed Forms For Each Plaintiff filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Paulette Levin, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 9/15/2020.] |
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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 7/22/2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (oyh) [Transferred from Texas Northern on 9/15/2020.]
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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 9/15/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #2 MOTION to Dismiss for Lack of Jurisdiction , #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Paulette Levin, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 9/15/2020.] |
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Filing 12
ORDER REASSIGNING CASE. The above-numbered case is hereby transferred to the docket of the Honorable Judge Karen Gren Scholer and shall henceforth carry the suffix letter S. Judge Ada Brown no longer assigned to case. (Ordered by Judge Ada Brown on 6/24/2020) (ykp) [Transferred from Texas Northern on 9/15/2020.]
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| Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 11 replaced to flatten image on 6/18/2020) (dsr). [Transferred from Texas Northern on 9/15/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 9/15/2020.] |
| Filing 9 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 9/15/2020.] |
| 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 9/15/2020.] |
| 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 9/15/2020.] |
| 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from Texas Northern on 9/15/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Matthews, Melissa) [Transferred from Texas Northern on 9/15/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Matthews, Melissa) [Transferred from Texas Northern on 9/15/2020.] |
| 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 9/15/2020.] |
| 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 9/15/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10906873) 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, Inc., #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, Inc., #16 Exhibit(s) D-10 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from Texas Northern on 9/15/2020.] |
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