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James R. Condo (#005867) 

Amanda Sheridan (#005867) 

SNELL & WILMER L.L.P. 

One Arizona Center 

400 E. Van Buren 

Phoenix, AZ 85004-2204 

Telephone: (602) 382-6000 

JCondo@swlaw.com 

ASheridan@swlaw.com 

Richard B. North, Jr. (admitted pro hac vice) 

Georgia Bar No. 545599 

Matthew B. Lerner (admitted pro hac vice) 

Georgia Bar No. 446986 

NELSON MULLINS RILEY & SCARBOROUGH, LLP 

Atlantic Station 

201 17th Street, NW, Suite 1700 

Atlanta, GA 30363 

Telephone: (404) 322-6000 

Richard.North@nelsonmullins.com 

Matthew.Lerner@nelsonmullins.com 

Attorneys for Defendants 

C. R. Bard, Inc. and 

Bard Peripheral Vascular, Inc.

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

IN RE: Bard IVC Filters Products Liability 

Litigation 

MDL NO. 15-02641-PHX-DGC

This Document Relates to: 

ROBERT G. HARBRIDGE, 

 Plaintiff, 

v. 

C. R. BARD, INC., a New Jersey 

Corporation; AND BARD PERIPHERAL 

VASCULAR INC., an Arizona 

Corporation, 

 Defendants.

Case No. CV-16-00008-PHX-DGC 

DEFENDANTS’ MEMORANDUM OF 

POINTS AND AUTHORITIES IN 

SUPPORT OF MOTION TO STRIKE 

PLAINTIFF’S AMENDED MASTER 

SHORT FORM COMPLAINT 

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Pursuant to Local Rule 7.2(m)(1), Defendants C. R. Bard, Inc. and Bard Peripheral 

Vascular, Inc. (“Bard”) respectfully move this Court to strike Plaintiff’s February 12, 2016 

amended short form complaint because it was improperly filed in violation of Federal Rule of 

Civil Procedure 15(a). 

I. PROCEDURAL HISTORY 

On January 5, 2016, Plaintiff filed his initial short form complaint in MDL 2641, In 

Re: Bard IVC Filters Products Liability Litigation naming only C. R. Bard, Inc. as a 

defendant. See 2:16-cv-00008-DGC, Dkt. No. 1. Bard subsequently filed its notice of 

appearance for this matter on January 13, 2016. See 2:15-md-02641-DGC, Dkt. No. 422. On 

February 12, 2016, more than 21 days after Plaintiff served his initial short form complaint 

and Bard served its notice of appearance, Plaintiff filed an amended short form complaint 

without Bard’s consent or this Court’s leave naming both C. R. Bard, Inc. and Bard 

Peripheral Vascular, Inc. as defendants. See 2:15-md-02641-DGC, Dkt. No. 707. Bard 

notified Plaintiff of his improperly filed amended short form complaint via a letter on 

February 16, 2016. See February 16, 2016 letter from Richard North to Max Freeman, 

attached as Exhibit A. 

II. ARGUMENT AND CITATION TO AUTHORITY 

Federal Rule of Civil Procedure 15(a) provides, in relevant part, that a “party may 

amend its pleading once as a matter of course within 21 days after serving it, or if the 

pleading is one to which a responsive pleading is required, 21 days after service of a 

responsive pleading.” If the pleading cannot be amended as a “matter of course,” the party 

seeking to amend must either seek leave of court to amend the pleading or the opposing 

party's consent to the amended pleading. Id. 

Local Rule 7.2(m) states, in relevant part, that a motion to strike may be filed “if it 

seeks to strike any part of a filing or submission on the ground that it is prohibited (or not 

authorized) by a statute, rule, or court order.” 

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In this matter, Plaintiff filed his February 12, 2016 amended short form complaint 

without Bard’s consent or this Court’s leave more than 21 days after service of his initial 

short form complaint and Bard’s service of its notice of appearance. Accordingly, Plaintiff’s 

amended short form complaint is prohibited under Fed. R. Civ. P. 15(a) and this Court should 

strike it pursuant to Local Rule 7.2(m). 

WHEREFORE, Bard respectfully requests that this Court enter an Order striking 

Plaintiff’s February 12, 2016 amended short form complaint. Pursuant to Local 

Rule 7.1(b)(3), a proposed order is attached as Exhibit B. 

This 4th day of March, 2016. 

s/Richard B. North, Jr. 

Richard B. North, Jr. 

Georgia Bar No. 545599 

Matthew B. Lerner 

Georgia Bar No. 446986 

NELSON MULLINS RILEY & SCARBOROUGH, LLP 

Atlantic Station 

201 17th Street, NW / Suite 1700 

Atlanta, GA 30363 

PH: (404) 322-6000 

FX: (404) 322-6050 

Richard.North@nelsonmullins.com 

James R. Condo (#005867) 

Amanda Sheridan (#005867) 

SNELL & WILMER L.L.P. 

One Arizona Center 

400 E. Van Buren 

Phoenix, AZ 85004-2204 

PH: (602) 382-6000 

JCondo@swlaw.com 

ASheridan@swlaw.com 

Attorney for Defendants C. R. Bard, Inc. and 

Bard Peripheral Vascular, Inc. 

 

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on March 4, 2016, I electronically filed the foregoing with 

the Clerk of the Court by using the CM/ECF system which will send notification of such 

filing to all counsel of record. 

s/Richard B. North, Jr. 

Richard B. North, Jr. 

Georgia Bar No. 545599 

NELSON MULLINS RILEY & SCARBOROUGH, LLP 

Atlantic Station 

201 17th Street, NW / Suite 1700 

Atlanta, GA 30363 

PH: (404) 322-6000 

FX: (404) 322-6050 

Richard.North@nelsonmullins.com 

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