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In re Bard IVC Filters Products Liability Litigation

United States District Court, D. Arizona

September 4, 2019

IN RE Bard IVC Filters Products Liability Litigation,

          ORDER

          DAVID G. CAMPBELL SENIOR UNITED STATES DISTRICT JUDGE.

         The parties have filed an amended joint report on the settlement status of cases. Doc. 20061. The attached Schedule B identifies more than 300 direct-filed cases that have moved from Track 2 (tentative settlement) to Track 3 (not likely to settle). Doc. 20061-2. In 17 cases, no complete plaintiff profile form (“PPF”) has been provided to Defendants. See Id. Defendants request an order requiring Plaintiffs in those cases to provide a complete PPF within 20 days. Doc. 20061 at 3.

         Case Management Order No. 5 requires each Plaintiff who directly files a short form complaint in this MDL to provide a PPF to Defendants within 60 days of filing the complaint. Doc. 365 at 1. If no PPF is received within the 60-day period, Defendants were to send an overdue letter to Plaintiff's counsel giving Plaintiff an additional 20 days to provide a PPF. Id. at 2. Defendants may seek dismissal of the case if Plaintiff fails to provide a PPF during this grace period. Id.

         The following Plaintiffs are identified on Schedule B as having not provided a complete PPF (see Doc. 20061-2):

Plaintiffs

Case Numbers

Transfer Venues

Kelsey D. Doddridge

2:19-cv-03131

Ark. E.D.

Shontelle Baker

2:19-cv-04303

Ariz.

Joy Ann Brown

2:18-cv-04264

Fla. M.D.

Denita E. Alexander-Hamm

2:19-cv-00192

Ga. S.D.

Brian Hickey

2:19-cv-04313

Ill. N.D.

John C. Barr

2:19-cv-04315

Ill. S.D.

Beth Sattizahn

2:19-cv-04322

Md.

Darnell G. Collins

2:19-cv-04237

Md.

James D. Fancher

2:19-cv-04312

Mo. E.D.

Barbara A. Brooks

2:19-cv-04310

Miss. S.D.

Barbara S. Rossell

2:18-cv-04307

N.J.

Lori B. Bandor

2:19-cv-04308

Ohio N.D.

David Allen Fiset (Furman)

2:19-cv-00198

Okla. N.D.

Joshua Johnson

2:19-cv-04240

Tenn. M.D.

Raquel Rodriguez

2:19-cv-03196

Tenn. M.D.

David Roger Alligood

2:19-cv-03567

Tex. E.D.

Edward Richardson Williams

2:18-cv-04320

Tex. E.D.

         These Plaintiffs shall have until September 24, 2019 to provide a PPF to Defendants. The PPFs shall include the place of filter implant. By September 26, 2019, the parties shall file a status report indicating whether a proper PPF has been provided in each case. The Court may dismiss any case in which no proper PPF has been provided.

         IT ...


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