Staker v. C R Bard Inc et al

Filing 43

ORDER: (1) Denying 2 9 Motions to Dismiss; (2) Granting 32 Motion to Substitute Attorney; and (3) Granting In Part 34 Motion to Stay. Attorney Jordan E Jarreau and Melissa Dorman Matthews terminated. The case is stayed until February 2, 2021 . If a Joint Motion to Dismiss is not filed before February 2, 2021, the Court will hold an in-person status conference on February 8, 2021 at 10:30 AM. Signed by Judge Roger T. Benitez on 11/19/2020. (All non-registered users served via U.S. Mail Service)(mme)

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Case 3:20-cv-01726-BEN-KSC Document 43 Filed 11/19/20 PageID.49 Page 1 of 3 I 1,,.," 2 fK ii !~- 3 NOV 19 2020 4 j CLER!( US DISTRICT C(11 i •• SOUTHERN DIST.RICT OF C,,,JH"'i-!li 5 BY 6 iL--·___·•·QEfJl_iT' 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 II/LUCAS STAKER, Case No.: 3:20-cv-01726-BEN-KSC Plaintiff, 12 ORDER: vs. 13 C.R. BARD, INC.; BARD PERIPHERAL VASCULAR, INC.; and MCKESSON CORPORATION, 14 15 Defendants. 16 (1) DENYING MOTIONS TO DISMISS; (2) GRANTING MOTION TO SUBSTITUTE ATTORNEY; and 17 (3) GRANTING IN PART MOTION TOSTAY 18 19 [ECF Nos. 2, 9, 32, 34] 20 21 This matter comes before the Court on four motions. The Court addresses each 22 11_below, 23 II I, 24 25 26 27 Motions to Dismiss (ECF Nos. 2, 9) On June 11, 2020, Defendants C.R. Bard, Inc. and Bard Peripheral Vascular, Inc. 11 ( collectively, 11 June "Bard") filed a Motion to Dismiss Out-of-State Plaintiffs. ECF No. 2. On 18, 2020, Defendant McKesson Corporation ("McKesson") filed a separate Motion 11 to Dismiss, alleging it was fraudulently joined to the action to defeat diversity jurisdiction 28 .. 3:20-cv-01726-BEN-KSC Case 3:20-cv-01726-BEN-KSC Document 43 Filed 11/19/20 PageID.50 Page 2 of 3 1 in the United States District Court for the Northern District of Texas. ECF No. 9. 2 Plaintiff responded to Bard's motion, but did not directly respond to McKesson's motion. 3 Instead, Plaintiffs response requested that in lieu of dismissal the case be transferred to 4 this Court. ECF No. 21. Defendants filed a non-opposition to the request to transfer. 5 ECF No. 24. Thereafter, the case was transferred to this Court without a ruling on 6 Defendants' outstanding motions. ECF No. 27. 7 As the case has been transferred and Defendants did not oppose the transfer, 8 Defendant Bard's Motion to Dismiss Out-of-State Plaintiffs is DENIED as moot. ECF 9 No.2. 10 The Parties also remain actively engaged in settlement negotiations. In order to 11 "control the disposition of the causes on its docket with economy of time and effort for 12 itself, for counsel, and for litigants," Landis v. North American Co., 299 U.S. 248, 254 13 (1936), the Court therefore exercises its judgment to DENY without prejudice 14 Defendant McKesson's Motion to Dismiss. ECF No. 9. Defendant McKesson may refile 15 its Motion before this Court following expiration of the stay set forth below. 16 II. 17 Motion to Substitute Attorney (ECF No. 32) The Court has reviewed Defendants' Motion to Substitute Attorney. The Motion is 18 hereby GRANTED. ECF No. 32. Defendants' former counsel of record, Melissa 19 Dorman Matthews, Jessica Junek, and Jordan E. Jarreau of Hartline Barger LLP are 20 substituted with Defendants' new counsel of record, Tyler R. Andrews and Syed I. Ishrak 21 of Greenberg Traurig, LLP. The Clerk of Court shall remove Ms. Matthews, Ms. Junek, 22 and Ms. Jarreau as counsel of record and terminate their receipt of e-Filings. 23 III. 24 Motion to Stay (ECF No. 34) The Court has also reviewed the Parties Joint Motion for a Temporary Stay of 25 Proceedings. The Joint Motion was filed on September 18, 2020 and sought a stay of 26 ninety (90) days to permit the Parties to pursue negotiations of a global settlement. The 27 Joint Motion is GRANTED in part. ECF No. 34. The Court stays these proceedings 28 until February 2, 2021. This date coincides with termination of the stay in two 2 3:20-cv-0 1726-BEN-KSC Case 3:20-cv-01726-BEN-KSC Document 43 Filed 11/19/20 PageID.51 Page 3 of 3 1 companion cases, Cortes v. C.R. Bard, Inc. et al, Case No. 20-CV-600-BEN-WVG, and 2 Carrasco v. C.R. Bard, Inc. et al, Case No. 20-CV-602-BEN-WVG. 3 IV. Conclusion 4 Defendant Bard's Motion to Dismiss Out-of-State Plaintiffs (ECF No. 2) is denied 5 as moot. Defendant McKesson Corporation's Motion to Dismiss (ECF No. 9) is denied 6 without prejudice and may be refiled within fourteen (14) days of the expiration of the 7 granted stay if settlement has not been reached. Defendants' Motion to Substitute 8 Attorney (ECF No. 32) is granted. The Parties' Joint Motion to Stay (ECF No. 34) is 9 granted in part and the case is stayed until February 2, 2021. If a Joint Motion to 10 Dismiss is not filed before February 2, 2021, the Court will hold an in-person status 11 conference on February 8, 2021 at 10:30 AM. IT IS SO ORDERED. 12 .,,. 13 14 15 11 Date: 11 November fu, 2020 If' 16 17 18 19 20 21 22 23 24 25 26 27 28 3 3:20-cv-01726-BEN-KSC

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