UNITED STATES DISTRICT COURT

THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

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

INC., POLYPROPYLENE HERNIA 

MESH PRODUCTS LIABILITY 

LITIGATION

This document relates to: 

ALL CASES.

Case No. 2:18-md-2846

Judge Edmund A. Sargus, Jr. 

Magistrate Judge Kimberly A. Jolson

PRETRIAL ORDER NO. 18

August 13, 2020 Status Conference 

On August 13, 2020, the Court held a telephonic status conference with counsel for the 

Plaintiffs’ Steering Committee (the “PSC”) and counsel for Defendants. This Pretrial Order 

memorializes the conference as follows: 

Update on COVID-19 Impact on the Court: The Court provided an update on the impact of the 

COVID-19 pandemic on the Court’s proceedings. The Court informed the parties that it will 

maintain the January 11, 2021 trial date in Johns v. C.R. Bard et al., Case No. 2:18-cv-01509 for 

now, and will update the parties as soon as possible on another trial scheduled to begin in February 

2021 that may impact its ability to the Johns trial in January 2021.

MDL Case Filings Update: The parties provided the Court with an update regarding filings. The 

PSC stated that as of August 10, 2020, there were 8,366 cases filed and estimated the total cases 

filed may near 10,000 by the end of the year.

Hearing Process/Date for MILs, Including AHSQC MIL: The parties requested the Court 

schedule hearings to resolve the parties’ pending motions in limine, as well as third-party Americas 

Hernia Society Quality Collaborative Foundation’s (“AHSQCF”) motion in limine in the Johns

Case: 2:18-md-02846-EAS-KAJ Doc #: 419 Filed: 08/14/20 Page: 1 of 3 PAGEID #: 5630
2

case. As the Court explained during the conference, the Court will hold status conferences via 

GoToMeeting to rule on the pending motions in limine on August 21, 2020, August 27, 2020, 

September 3, 2020, and September 10, 2020 at 10:30am EST. The Court may ask questions of 

the parties before ruling, but will not hear arguments on each motion. The Court will rule on the 

motion in limine filed by Americas Hernia Society Quality Collaborative Foundation during the 

conference on August 21, 2020. The parties shall meet and confer regarding the groups of their 

motions to be ruled on at each conference and to notify the Court regarding their agreement by

close of business on Tuesday, August 18, 2020. If they cannot agree, the following schedule will 

apply:

• August 21, 2020 at 10:30am EST- Americas Hernia Society Quality Collaborative 

Foundation’s Motion in Limine and Plaintiff’s Motions in Limine 1-12

• August 27, 2020 at 10:30am EST- Plaintiff’s Motions in Limine 13-23

• September 3, 2020 at 10:30am EST- Bard’s Motions in Limine 1-11

• September 10, 2020 at 10:30am EST- Bard’s Motions in Limine 12-21

Discovery Update: The parties provided the Court with an update regarding a number of 

discovery issues, including: document productions, deposition scheduling, third party discovery, 

and privilege logs. The parties confirmed that they are continuing to work together to resolve issues 

as they arise and that currently there are no issues requiring the Court’s intervention.

Discovery Going Forward in Light of Changes in Court’s Bellwether Trial Schedule: The 

parties informed the Court that they have identified discrete areas of discovery to be conducted 

and have been meeting and conferring regarding the requested discovery. 

Case: 2:18-md-02846-EAS-KAJ Doc #: 419 Filed: 08/14/20 Page: 2 of 3 PAGEID #: 5631
3

Scheduling: The next status conference will be scheduled at a later date.

8/14/2020 s/Edmund A. Sargus, Jr.

DATE EDMUND A. SARGUS, JR.

UNITED STATES DISTRICT JUDGE

8/14/2020 s/Kimberly A. Jolson

DATE KIMBERLY A. JOLSON

UNITED STATES MAGISTRATE JUDGE

Case: 2:18-md-02846-EAS-KAJ Doc #: 419 Filed: 08/14/20 Page: 3 of 3 PAGEID #: 5632