Staker v. C R Bard Inc et al
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)
Case 3:20-cv-01726-BEN-KSC Document 43 Filed 11/19/20 PageID.49 Page 1 of 3
NOV 19 2020
CLER!( US DISTRICT C(11 i ••
SOUTHERN DIST.RICT OF C,,,JH"'i-!li
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
11 II/LUCAS STAKER,
Case No.: 3:20-cv-01726-BEN-KSC
C.R. BARD, INC.; BARD PERIPHERAL
VASCULAR, INC.; and MCKESSON
(1) DENYING MOTIONS TO
(2) GRANTING MOTION TO
SUBSTITUTE ATTORNEY; and
(3) GRANTING IN PART MOTION
[ECF Nos. 2, 9, 32, 34]
This matter comes before the Court on four motions. The Court addresses each
Motions to Dismiss (ECF Nos. 2, 9)
On June 11, 2020, Defendants C.R. Bard, Inc. and Bard Peripheral Vascular, Inc.
"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
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.
Plaintiff responded to Bard's motion, but did not directly respond to McKesson's motion.
Instead, Plaintiffs response requested that in lieu of dismissal the case be transferred to
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
Defendants' outstanding motions. ECF No. 27.
As the case has been transferred and Defendants did not oppose the transfer,
Defendant Bard's Motion to Dismiss Out-of-State Plaintiffs is DENIED as moot. ECF
The Parties also remain actively engaged in settlement negotiations. In order to
"control the disposition of the causes on its docket with economy of time and effort for
itself, for counsel, and for litigants," Landis v. North American Co., 299 U.S. 248, 254
(1936), the Court therefore exercises its judgment to DENY without prejudice
Defendant McKesson's Motion to Dismiss. ECF No. 9. Defendant McKesson may refile
its Motion before this Court following expiration of the stay set forth below.
Motion to Substitute Attorney (ECF No. 32)
The Court has reviewed Defendants' Motion to Substitute Attorney. The Motion is
hereby GRANTED. ECF No. 32. Defendants' former counsel of record, Melissa
Dorman Matthews, Jessica Junek, and Jordan E. Jarreau of Hartline Barger LLP are
substituted with Defendants' new counsel of record, Tyler R. Andrews and Syed I. Ishrak
of Greenberg Traurig, LLP. The Clerk of Court shall remove Ms. Matthews, Ms. Junek,
and Ms. Jarreau as counsel of record and terminate their receipt of e-Filings.
Motion to Stay (ECF No. 34)
The Court has also reviewed the Parties Joint Motion for a Temporary Stay of
Proceedings. The Joint Motion was filed on September 18, 2020 and sought a stay of
ninety (90) days to permit the Parties to pursue negotiations of a global settlement. The
Joint Motion is GRANTED in part. ECF No. 34. The Court stays these proceedings
until February 2, 2021. This date coincides with termination of the stay in two
Case 3:20-cv-01726-BEN-KSC Document 43 Filed 11/19/20 PageID.51 Page 3 of 3
companion cases, Cortes v. C.R. Bard, Inc. et al, Case No. 20-CV-600-BEN-WVG, and
Carrasco v. C.R. Bard, Inc. et al, Case No. 20-CV-602-BEN-WVG.
Defendant Bard's Motion to Dismiss Out-of-State Plaintiffs (ECF No. 2) is denied
as moot. Defendant McKesson Corporation's Motion to Dismiss (ECF No. 9) is denied
without prejudice and may be refiled within fourteen (14) days of the expiration of the
granted stay if settlement has not been reached. Defendants' Motion to Substitute
Attorney (ECF No. 32) is granted. The Parties' Joint Motion to Stay (ECF No. 34) is
granted in part and 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.
IT IS SO ORDERED.
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