United States District Court, D. Arizona
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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