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In re Bard IVC Filters Products Liability Litigation

United States District Court, D. Arizona

May 7, 2018

IN RE Bard IVC Filters Products Liability Litigation,
v.
C. R. Bard, Inc., a New Jersey corporation; and Bard Peripheral Vascular, Inc., an Arizona corporation, Defendants. Doris Jones, an individual, Plaintiff,

          CASE MANAGEMENT ORDER NO. 32

          David G. Campbell United States District Judge.

         The Court held a final pretrial conference on May 4, 2018. Doc. 10993. In addition to the transcript of the hearing, this order will capture rulings that were made.

         1. All of the jurors previously identified in Doc. 10844 will be excused for hardship. By separate order, the Court will identify additional jurors that will be excused for hardship.

         2. The Court heard challenges for cause and granted the challenges with respect to eight jurors. They were identified on the record and will be included in a separate order.

         3. The Court and the parties decided that 60 potential jurors will be called to court on May 15, 2018.

         4. The Court will not give Plaintiff's proposed voir dire questions regarding punitive damages. Doc. 10933.

         5. On or before May 11, 2018, the parties shall provide the Court with a list of witnesses to be shared with the prospective jurors before jury selection.

         6. The Court confirmed that Plaintiff has been allotted 28 hours of trial time and Defendants have been allotted 27 hours. The Court will hold the parties to this time. See Doc. 10922.

         7. The Court instructed the parties to resubmit their proposed changes to the final jury instructions. These changes shall be submitted by May 8, 2018.

         8. The Court addressed several matters from the parties' proposed final pretrial order:

a. Plaintiff has withdrawn her claim of fraudulent concealment.
b. The defense of failure to mitigate damages will be deemed a part of the final pretrial order. Plaintiff may argue during trial that the defense should not be submitted to the jury due to lack of evidence.
c. The Court will not address the availability of punitive damages in light of O.C.G.A. § 51-12-5.1(e)(1). Defendants may raise that issue in the future if they seek a ruling from the Court.
d. Defendants may file a motion to seal trial exhibits 21 days after the last trial transcript ...

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