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