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In re Bard IVC Filters Products Liability Litigation

United States District Court, D. Arizona

June 28, 2018

IN RE: Bard IVC Filters Products Liability Litigation

          CASE MANAGEMENT ORDER NO. 34

          DAVID G. CAMPBELL UNITED STATES DISTRICT JUDGE

         Following the close of the second bellwether trial, the Court conferred with the parties regarding scheduling matters. The parties agreed on the Mulkey case as the next bellwether trial for September 2018. The Court directed the parties to file memoranda addressing other bellwether trials and cases in this MDL. Doc. 11320. Having reviewed the memoranda, the Court enters the following order:

         I. Next Three Bellwether Trials: Kruse, Hyde, and Mulkey.

         During a recent telephonic conference, counsel for Ms. Mulkey expressed concern about her availability for trial in September due to certain health issues. Doc. 11549. Counsel thereafter provided an update on her condition which leaves her availability for trial uncertain. Doc. 11639. Defendants have no objection to a different case for the next bellwether, and propose Kruse in lieu of Mulkey. Doc. 11640. Plaintiffs propose Hyde as the next bellwether. Doc. 11553.

         Having considered the parties' positions, the Court concludes that the order of the next three bellwether trials should be as follows: Kruse, Hyde, and Mulkey. Trial in the Kruse bellwether will begin in September 2018 as set forth below. Trial in the Hyde bellwether will be held on November 5-9, 12-16, and 19-20. Trial in the Mulkey bellwether will be held in February 2019. The Court will set the specific trial dates by separate order.

         II. Kruse Trial.

         The dates and deadlines set forth in Case Management Order No. 33 for the Mulkey trial will apply to the Kruse bellwether as follows (see Doc. 11320 for further details):

         A. Jury Questionnaire and Jury Selection for Kruse Trial.

         1. By July 5, 2018, the parties shall provide the Court with proposed changes to the questionnaire used in the Jones bellwether trial. The Court will consider these proposals in finalizing the questionnaire for the Kruse trial.

         2. The Clerk shall mail the questionnaire to 200 jurors no later than July 13, 2018. The questionnaire will instruct the prospective jurors to return it to the Court no later than August 10, 2018.

         3. A thumb drive will be prepared for counsel (one for each side) containing copies of the questionnaires and will be available for pickup at the jury office on August 17, 2018. The thumb drive and any paper copies made by counsel must be returned to the Court by counsel on the day of jury selection.

         4. On August 24, 2018, the Court will provide the parties with a list of prospective jurors the Court proposes to excuse for hardship on the basis of their responses to the first question in the questionnaire.

         5. The Court will hold a final pretrial conference in the Kruse case on August 30, 2018 at 10:00 a.m. and will address with the parties juror excusals for hardship and challenges for cause. See Doc. 11320 at 2, ¶ 2(e).

         6. On September 18, 2018, at 9:00 a.m., 50 prospective jurors will be called to Court to appear for voir dire. Following voir dire, the Court will hear and rule on challenges for cause. The Court will seat 9 jurors. Each side ...


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