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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. 4

(Master Complaint, Master

Responsive Pleading, Use of Short

Form Complaint, Waiver of Service

for Bard Defendants, and Answer

and General Denial in Cases

Subsequently Transferred to MDL

2641)

The parties have submitted a Master Long Form Complaint and Jury Demand

(previously docketed as Doc. 303-1) and a Master Responsive Pleading (previously

docketed as Doc. 303-3). The Court has reviewed these proposed pleadings, finds them

sufficient, and directs the Clerk to file them as separate documents in the Court’s docket.1

The parties have also submitted a proposed Amended Short Form Complaint, a copy of

which is attached to this order. The Court also finds these proposed pleadings to be

sufficient.

IT IS ORDERED:

All allegations pled in the Master Complaint and all responses pled in the Master

Responsive Pleading are deemed pled in any previously filed Complaint and Responsive

Pleading in this MDL proceeding, except as expressly noted below. They are also deemed

1 The reference to “Federal Rule of Evidence 8” on the first page of the Master Complaint shall be

deemed to be a reference to Federal Rule of Civil Procedure 8.

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pled in any Short Form Complaint (attached to CMO No. 4, Doc. 363) or Amended Short

Form Complaint (attached to this Order) and Entry of Appearance filed after the entry of

this order, except that the Master Complaint applies only against the Defendant or

Defendants identified in such future-filed Short Form or Amended Short Form

Complaints.

The following cases will not be governed by the Master Complaint and Master

Responsive Pleading, but will continue to be governed by the complaints (including any

amended complaints) and answers filed in the various transferor courts prior to transfer:

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

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

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Plaintiff Original Jurisdiction

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

On or after December 28, 2015, any plaintiff whose case would be subject to

transfer to MDL 2641 may file his or her case directly in this Court by using the Short

Form Complaint (Doc. 363). After February __, 2016, Plaintiffs may use the Amended

Short Form Complaint attached to this Order. If such a case is filed in this Court without

the use of the Short Form or Amended Short Form Complaint, Plaintiffs’ Co-Lead

Counsel shall promptly advise the filing party to file an amended complaint using the

Short Form or Amended Short Form Complaint. If the filing party fails to do so,

Plaintiffs’ Co-Lead Counsel shall promptly notify the Court.

Defendants are not required to file answers to Short Form or Amended Short Form

Complaints. An Entry of Appearance shall constitute a denial of all allegations in the

Short Form or Amended Short Form Complaints except as herein provided, and an

assertion of all defenses included in the Master Responsive Pleading. By filing an Entry

of Appearance in response to a Short Form Complaint, in lieu of an answer, Defendants

do not waive any defenses, including jurisdictional and service defenses.

Defendants shall have 60 days from the entry of this order to file any motion for

failure of the Master Complaint to state a claim upon which relief may be granted

pursuant to Rule 12(b)(6) and 12(h)(2), and Plaintiff’s shall have 30 days to respond.

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Civil actions in this MDL were transferred to this Court by the Judicial Panel on

Multidistrict Litigation for coordinated or consolidated pretrial proceedings pursuant to 28

U.S.C. § 1407. Upon completion of the pretrial proceedings related to a civil action as

determined by this Court, the case shall be transferred pursuant to 28 U.S.C. § 1404(a) or

§ 1406(a) to the District Court identified in the Short Form or Amended Short Form

Complaint, provided the parties choose not to waive Lexecon, Inc. v. Milberg Weiss

Bershad Hynes & Lerach, 523 U.S. 26 (1998). The fact that a case was filed directly in

this District and MDL proceeding shall not constitute a determination by this Court that

jurisdiction or venue are proper in this District, and shall not result in this Court being

deemed the “transferor court” for purposes of this MDL. In addition, filing a Short Form

Complaint in this District shall have no impact on the conflict of law rules to be applied to

the case. Instead, the law of the jurisdiction where the case is ultimately transferred will

govern any conflict of law. Prior to transfer, Defendants may object to the district

specified in the Short Form Complaint, based on venue or jurisdiction (including a lack of

personal jurisdiction based on Daimler AG v. Bauman, 134 S. Ct. 746 (2014)), and

propose an alternative jurisdiction for the Court’s consideration.

Subject to the conditions set forth in this order, Defendant C.R. Bard, Inc. and Bard

Peripheral Vascular, Inc. (collectively “Bard”) waive service of process in cases filed in

this Court using the Short Form or Amended Short Form Complaint and in which they are

named as defendants and one or more IVC filter products either manufactured or

distributed by Bard is alleged to be at issue. For such cases, Plaintiffs shall send a Short

Form or Amended Short Form Complaint and a request for waiver of service pursuant to

the provisions of Fed. R. Civ. P. 4 to Richard B. North, Jr. by email to

richard.north@nelsonmullins.com; maria.turner@nelsonmullins.com; and

matthew.lerner@nelsonmullins.com. Counsel for Bard shall return the signed waiver

requests to the Court within the time permitted by Fed. R. Civ. P. 4. Plaintiffs submitting

a request for waiver shall not seek to hold Bard in default for failure to timely answer or

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otherwise respond to a complaint in which service has been accomplished pursuant to the

terms of this order without first giving Bard written notice of the alleged default and ten

business days in which to cure any alleged default.

Prior to a Plaintiff’s attorney filing a Short Form or Amended Short Form

Complaint in this Court, that attorney must register for or already have a District of

Arizona CM/ECF log-in name and password. If the Plaintiff’s attorney does not already

have a District of Arizona CM/ECF log-in name and password, that attorney must file the

Short Form or Amended Short Form Complaint in paper form with the Clerk of Court and

simultaneously file an Application of Attorney for Admission to Practice Pro Hac Vice

pursuant to LRCiv 83.1(b)(2) (including all necessary attachments and filing fee).

Additionally, with respect to cases which are originally filed in courts other than

this Court which are then subsequently transferred to MDL 2641 pursuant to 28 U.S.C. §

1407, Defendants’ may file an Answer and General Denial with Respect to Cases

Subsequently Transferred to MDL 2641, incorporating the defenses and denials set forth

in the Master Answer and generally denying the plantiffs’ allegations. This short-form

answer shall serve as the responsive pleading. Defendants shall have 60 days from the

date any such case is opened in this Court to file any motion for failure to state a claim

upon which relief may be granted pursuant to Rule 12(b)(6) and 12(h)(2), and the

plaintiff(s) shall have 30 days to respond.

Dated this ____ day of ______________, 2016.

5252055v1/26997-0001

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