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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

IN RE: Bard IVC Filters Products

Liability Litigation,

No. MD-15-02641-PHX-DGC

AMENDED CASE MANAGEMENT

ORDER NO. 5

(Plaintiff and Defendant Profile

Forms)

The parties have agreed upon the use of an abbreviated Plaintiff Profile Form

(“PPF”) (Exhibit 1) attached to this Order. Except as expressly noted herein, the PPF

shall be completed in each currently pending case, and in all cases that become part of this

MDL by virtue of being filed in, removed to, or transferred to this Court on or after the

date of this Order.

Each plaintiff in currently filed cases (except as noted herein) shall submit a

completed PPF to defendants within 60 days of the date of this Order. In cases that have

been filed in, removed to, or transferred to this MDL on or after the date of this Order,

each plaintiff shall submit a completed PPF to defendants within 60 days of filing the

complaint.

The completed PPF shall be delivered via email to: filterppfpfs@nelsonmullins.com and to co-lead counsel via email at wespita@lopezmchugh.com

and karin.scheehle@gknet.com .

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Each plaintiff is required to provide defendants with a PPF that is substantially

complete in all respects, answering every question in the PPF, even if a plaintiff can

answer the question in good faith only by indicating “not applicable” or “unknown.” The

PPF shall be signed by the plaintiff under penalty of perjury. If a plaintiff is suing in a

representative or derivative capacity, the PPF shall be completed by the person with the

legal authority to represent the estate or the person under legal disability. Plaintiff

spouses with a claim for loss of consortium shall also sign the PPF, attesting that the

responses made to the loss of consortium questions in the PPF are true and correct to the

best of his or her knowledge, information and belief, formed after due diligence and

reasonable inquiry.

A completed PPF shall be considered interrogatory answers under Fed. R. Civ. P.

33 and responses to requests for production under Fed. R. Civ. P. 34, and will be governed

by the standards applicable to written discovery under Federal Rules 26 through 37. The

interrogatories and requests for production in the PPF shall be answered without objection

as to the question posed in the agreed upon PPF. This section does not prohibit a plaintiff

from withholding or redacting information from medical or other records provided with

the PPF based upon a recognized privilege. If information is withheld or redacted on the

basis of privilege, plaintiff shall provide defendants with a privilege log that complies

with Fed. R. Civ. P. 26(b)(5) simultaneously with the submission of the PPF.

If a plaintiff does not submit a PPF within the time specified in this Order,

defendants shall mail an overdue letter by e-mail and U.S. mail to Plaintiffs’ Co-Lead

Counsel and the plaintiffs’ individual representative counsel, stating that defendants may

move to dismiss that plaintiff’s case within 20 days of receipt of the letter. If no PPF is

received within those 20 additional days, defendants may move immediately to dismiss

that plaintiff’s case. If defendants receive a PPF that is not substantially complete,

defendants’ counsel shall send a deficiency letter within 14 days of receipt of a PPF, as

applicable by e-mail and U.S. mail to Plaintiffs’ Co-Lead Counsel and the plaintiffs’

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individual representative counsel, identifying the purported deficiencies. Plaintiff shall

have 20 days from receipt of that letter to serve a PPF that is substantially complete in all

respects. This letter shall include sufficient detail for the parties to meet and confer

regarding the alleged deficiencies.

Within 45 days of receipt of a substantially complete PPF for an individual

plaintiff, the defendants shall provide the plaintiff with a completed Defendants’ Profile

Form (DPF) (Exhibit 2) attached to this order. A completed DPF shall be considered

interrogatory answers under Fed. R. Civ. P. 33 and responses to requests for production

under Fed. R. Civ. P. 34, and will be governed by the standards applicable to written

discovery under Federal Rules 26 through 37. The interrogatories and requests for

production in the DPF shall be answered without objection as to the question posed in the

agreed upon DPF. This section does not prohibit a defendant from withholding or

redacting information from medical or other records provided with the DPF based upon a

recognized privilege. If information is withheld or redacted on the basis of privilege,

defendants shall provide plaintiff with a privilege log that complies with Fed. R. Civ. P.

26(b)(5) simultaneously with the submission of the DPF.

If the plaintiff receives a DPF that is not substantially complete, plaintiff’s counsel

shall send a deficiency letter within 14 days of receipt of a DPF, as applicable by e-mail

and U.S. mail to Defendants’ Lead Counsel identifying the purported deficiencies.

Defendants shall have 20 days from receipt of that letter to serve a DPF that is

substantially complete in all respects. This letter shall include sufficient detail for the

parties to meet and confer regarding the alleged deficiencies.

The procedures outlined in this Order shall not apply to the following cases:

Plaintiff Original Jurisdiction

1. Cason, Pamela GA – N.D. Ga.

1:12-cv-1288

2. Coker, Jennifer GA – N.D. Ga.

1:13-cv-515

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Plaintiff Original Jurisdiction

3. Conn, Charles TX – S.D. Tex.

4:14-cv-298

4. Ebert, Melissa PA – E.D. Pa.

5:12-cv-1253

5. Fox, Susan TX – N.D. Tex.

3:14-cv-133

6. Henley, Angela WI – E.D. Wis.

2:14-cv-59

7. Keen, Harry PA – E.D. Pa.

5:13-cv-5361

8. Milton, Gary GA – M.D. Ga.

5:14-cv-351

9. Mintz, Jessica NY – E.D.N.Y.

2:14-v-4942

10. Ocasio, Denise FL – M.D. Fla.

8:13-cv-1962

11. Rivera (McClarty), Vicki MI – E.D. Mich.

4:14-cv-13627

12. Smith, Erin TX – E.D. Tex.

1:13-cv-633

13. Tillman, Lessie FL – M.D. Fla.

3:13-cv-222

The parties are relieved from preparing or exchanging profile forms in those particular

cases.

Dated this ___ day of February, 2016.

5222582v1/26997-0001

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