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Talbert v. C. R. Bard Inc.

United States District Court, W.D. Washington, Seattle

December 3, 2019

HARVEY L. TALBERT, Plaintiffs
v.
C. R. BARD INCORPORATED, BARD PERIPHERAL VASCULAR, INCORPORATED, Defendants

          Christopher W. Tompkins Natasha A. Khachatourians Betts Patterson & Mines, P.S., James F. Rogers Nelson Mullins Riley & Scarborough LLP, Attorneys for Defendants.

          TRIAL SCHEDULE ORDER

          Marsha J. Pechman United States District Judge.

         Plaintiff Harvey Talbert and Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc. (collectively, “Bard”) (Plaintiffs and Bard are collectively referred to herein as “the Parties”), respectfully move this Court to issue a scheduling order for the reasons set forth below:

         1. On August 17, 2015, the Judicial Panel on Multidistrict Litigation (“JPML”) ordered that centralization pursuant to 28 U.S.C. § 1407 was appropriate for cases involving allegations of defects in the various models of Bard's IVC filters. Thereafter, a multidistrict litigation proceeding (“MDL”) was created before the Honorable David G. Campbell, in the District of Arizona, known as the In Re: Bard IVC Filters Products Liability Litigation, MDL 2641.

         2. The above-styled case was pending in the In Re: Bard IVC Filters Products Liability Litigation, MDL 2641.

         3. On August 20, 2019, the MDL Court entered a Suggestion of Remand and Transfer Order. See Suggestion of Remand and Transfer Order, Case No. 2:15-md-02641-DGC, MDL Doc. 19899 (D. Ariz. August 20, 2019). As part of its Suggestion of Remand and Transfer Order, the MDL Court provided a history of the litigation (including that the Parties had completed all common fact and expert discovery), summaries of bellwether cases, and the Court's rulings on various matters common to all cases. See Id. at 6-31.

         4. Case-specific discovery in the above-styled case that was conducted before or during the time it was a part of MDL 2641 was minimal and limited to the submission of basic plaintiff and defense profile forms. Consequently, the Parties will need to conduct case-specific discovery. The Parties note that the medical record collection process alone typically takes at least three months.

         5. The Parties are in the process of discussing case management orders similar to the following orders signed by the court in the MDL 2641: Joint Stipulation for Entry of Protective Order, attached hereto as Exhibit A, and Case Management Orders, attached hereto as Exhibits B (Case Management Order No. 14), Exhibit C (Case Management Order No. 21), and Exhibit D (Case Management Order No. 12). The Parties are hopeful that they will reach consensus on these case management orders but need additional time. If the parties cannot reach agreement, they will notify the Court as to the dispute within 60 days of this filing.

         6. The Parties respectfully move the Court to enter a scheduling order for case-specific discovery, case-specific dispositive motions and case-specific Daubert motions (if any), with the deadlines set forth below.

Proposed Date

Deadline

Wednesday, December 18, 2019

Rule 26(a) disclosures to be filed by the Parties.

Friday, January 17, 2020

Plaintiff will produce the completed Plaintiff Fact Sheet and related information utilized in the In re: C. R. Bard, Inc. IVC Filter MDL. The Parties agree that the terms incorporated into the Plaintiff Fact Sheet form adopted in MDL 2641 and Federal Rules of Civil Procedure 26, 33, 34, and 37 shall apply to the completion and supplementation of the Plaintiff Fact Sheet.

Tuesday, February 18, 2020

Defendants will produce the Defendant's Fact Sheet and related information utilized in the In re: C. R. Bard, Inc. IVC Filter MDL. The Parties agree that the terms incorporated into the Defendant Fact Sheet form adopted in MDL 2641 and Federal Rules of Civil Procedure 26, 33, 34, and 37 shall apply to the completion and supplementation of the Plaintiff Fact Sheet.

July 10, 2020

Fact Discovery deadline

July 24, 2020

Expert reports by Plaintiff

August 7, 2020

Plaintiff's experts deposed

August 21, 2020

Expert reports by Defendants

September 4, 2020

Defendants' experts deposed


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