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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

IN RE: DAVOL, INC./C.R. BARD, INC., 

POLYPROPYLENE HERNIA MESH 

PRODUCTS LIABILITY LITIGATION

This document relates to:

Milanesi et al. v. C.R. Bard, et al. 

Case No. 2:18-cv-01320

 Case No. 2:18-md-2846

 JUDGE EDMUND A. SARGUS, JR.

 Magistrate Judge Kimberly A. Jolson

 

CASE MANAGEMENT ORDER NO. 29-C

Pretrial and Trial Schedule for Second Bellwether Trial Case 

On January 24, 2020, the Court selected Milanesi et al. v. C.R. Bard et al., Case No. 2:18-

cv-01320 as the second Bellwether Trial Case that will be tried in this multidistrict litigation 

(“MDL”). This trial has been rescheduled to Monday, March 21, 2022. This amended CMO 

supersedes the deadlines in CMO No. 29-A as set forth below.

I. TRIAL

1. The second Bellwether Trial Case is scheduled for trial on Monday, 

March 21, 2022, at 9:00 a.m. in Courtroom 2.

2. Unless otherwise notified by the Court, trial counsel shall meet in the

chambers of Judge Sargus at 8:30 a.m. on each day of the trial.

a. Attached to this CMO is the Court’s Final Pretrial Order 

(“CMO 29-D”). The parties shall jointly submit CMO 29-D

on or before Monday, March 14, 2022.

II. WITNESS LISTS

Witnesses not included on a party’s witness list shall not be called at trial absent 

agreement by the parties or a showing of good cause as to why the witness was not included 

on the witness list. The parties will use good faith efforts to list persons whom they actually 

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intend to call at trial (live or by deposition) on a “will call” list, and persons whom they

currently believe are unlikely to be called but may be called on a “may call” list. The parties 

shall also use good faith efforts to state whether each proposed witness will be called live, or 

by deposition.

III. EXHIBITS 

The Court strongly encourages the parties to utilize the electronic courtroom technology 

for presentation of evidence. The parties shall report to the Court, by joint submission, on or 

before the date of the first final pretrial conference, their intent to use the technology. If the 

parties are not utilizing the Court’s complete electronic technology, they shall present their 

exhibits by using the document cameras (ELMOs) located at counsel tables. The parties shall 

provide copies of the exhibits to the Court as used during trial.

No later than the day trial commences, the parties shall provide one paper courtesy set of 

the exhibits that they intend to use at trial to the Court. These copies should incorporate the 

Court’s rulings on objections.

The parties are directed to stipulate to the exhibits for which they have no objections in 

advance of trial to the furthest extent possible. 

A. Exhibits During Trial

At trial, counsel may not approach a witness to tender an exhibit. Rather, the Courtroom 

Deputy will place each exhibit before each witness. In formulating a question to a witness, 

counsel shall clearly specify the exhibit number or designation involved to ensure a clear trial 

record.

Exhibits introduced for the first time must be displayed to opposing counsel. Counsel 

shall be prepared to provide copies of such exhibits to opposing counsel, the Court, and the 

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witness. 

The parties shall also provide to the Courtroom Deputy each morning a list of exhibits that

the witnesses plan to testify to during that day of trial.

IV. MODIFICATION

The parties may by agreement modify the dates within this CMO that affect only the 

parties. All deadlines established for submissions to the Court may only be modified for good 

cause and with the permission of the Court.

V. ADDITIONAL GUIDELINES

A. Jury

Any prospective juror may be challenged for cause. Each party shall be entitled to 

three (3) peremptory challenges. 28 U.S.C. § 1870. The parties will exercise their peremptory 

challenges alternately with the plaintiff exercising the first challenge. If either party "passes," 

that challenge will be counted as used.

In most civil cases the Court will seat a jury of eight (8) members. In accordance with 

Federal Rule of Civil Procedure 48, all jurors shall participate in the verdict unless excused 

pursuant to Rule 47(c). Unless the parties otherwise stipulate, the verdict shall be unanimous.

B. Trial Procedure

Trial will commence every day at 9:00am. The Court will take one mid-morning 

break, one lunch break, and one mid-afternoon break each day.

C. Disclosure of Live Witnesses

Unless the parties agree otherwise, given the nature of this trial, including the 

extraordinary amount of documents and preparation, disclosure of live witnesses to be called 

to testify, and expected order, shall be made 24 hours in advance of the witness testifying.

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Any new witness for a Monday shall be disclosed on Friday before 9:00 p.m. (Eastern 

Standard Time). The parties shall use good faith efforts to notify opposing counsel of

witnesses to be presented by deposition designations 24 hours in advance of their use at trial, 

but the intent of thisis not to preclude a party from utilizing a deposition designation if time allows for 

such use during the natural progression of the trial.

D. Other Matters

ThisOrdersupersedes allprevious ordersinthiscasetotheextent previousorders are inconsistent 

with this Order.

The parties shall address questions about this Order to the Court’s Law Clerk, Ashlee Riner.

When calling or emailing, please have counsel for all parties participating orwith fewer than all counsel

participating with express permission of non-participating counsel.

IT IS SO ORDERED.

1/11/2022 s/Edmund A. Sargus, Jr. 

DATE EDMUND A. SARGUS, JR.

UNITED STATES DISTRICT JUDGE

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