UNITED STATES DISTRICT 

COURT DISTRICT OF ARIZONA

IN RE: BARD IVC FILTER 

PRODUCTS LIABILITY LITIGATION 

) MDL NO. 2641

)

) JUDGE DAVID G. CAMPBELL

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This Document Relates to:

Smith v. C.R. BARD, INC., AND BARD PERIPHERAL VASCULA INC.

Civil Action No. 2:16-cv-03807-DGC

MOTION TO SUBSTITUTE PARTY AND AMEND COMPLAINT

Counsel for Plaintiffs Ronald Smith and Denise Smith respectfully move this court to 

substitute Denise Smith, the surviving spouse, as the Personal Representative for the Estate of 

Ronald Smith, Deceased, pursuant to Rule 25(a)(1) of the Federal Rules of Civil Procedure, and 

to file an Amended Complaint pursuant to Federal Rule of Civil Procedure 15(a)(2).

1. Plaintiff Ronald Smith’s case was filed on or about November 3, 2016

(Smith v. C.R. BARD, INC., AND BARD PERIPHERAL VASCULAR INC.; Case No.

2:16-cv-03807-DGC).

2. All active Defendants have been served with process pursuant to Second 

Amended Case Management Order No. 4 (CMO 4). 

a. On or about November 28, 2016, Defendant C.R. Bard, Inc., was served by the 

Court’s electronic filing system with the Complaint and Request for waiver of 

service.

b. On or about November 28, 2016, Defendants Bard Peripheral Vascular

Inc., was served by the Court’s electronic filing system with the Complaint 

and Request for waiver of service.

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3. On or about October 4, 2017, Plaintiffs’ counsel was informed that Ronald 

Smith passed away on or about December 5, 2016.

4. Ronald Smith’s action against Defendants survives his death and is 

not extinguished.

5. Plaintiffs’ counsel filed the Notice and Suggestion of Death on or about 

December 19, 2017 [Doc. 9405].

6. On or about December 20, 2016, City of Oswego, New York named 

Denise Smith as the informant of decedent the Personal Representative for the Estate 

of Ronald Smith.

7. Plaintiff thus moves to substitute Denise Smith, as Personal Representative 

for the Estate of Ronald Smith, Deceased, as Plaintiff in the present action.

8. Additionally, Counsel seeks to amend the Complaint, as well as the caption of 

the Complaint to correct the proper Plaintiffs (specifically Denise Smith, as Personal 

Representative for the Estate of Ronald Smith, Deceased) and to update and include 

information, allegations and actions within the Complaint to reflect that Plaintiff Ronald Smith

is now deceased.

9. Pursuant to Federal Rules of Civil Procedure 15(a)(2) a party may amend its 

pleading only with the opposing party’s written consent or the court’s leave. The court

should freely give leave when justice so requires.

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WHEREFORE, Counsel for Plaintiffs, Ronald Smith and Denise Smith, respectfully 

request the Court grant Plaintiffs’ Motion to Substitute Denise Smith, as Personal Representative 

for the Estate of Ronald Smith, Deceased, and to grant leave to file the Amended Complaint and 

directing the Clerk of the Court to enter the Amended Complaint, attached hereto, into the record 

of this matter.

Dated: December 19, 2017 Respectfully submitted,

By: /s/ Monte Bond

MONTE BOND, Esq.

Texas Bar No.02585625

Tautfest Bond PLLC

5151 Belt Line Road, Suite 1000

Dallas, Texas 75254

214-617-9980 (Phone)

214-617-9985 (Fax)

mbond@tautfestbond.com

ATTORNEY FOR PLAINTIFF(S)

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CERTIFICATE OF SERVICE

I hereby certify that on December 15, 2017, I electronically filed the foregoing document 

with the Clerk of the Court using the CM/ECF system, which will send notification of such filing 

to the CM/ECF participants registered to receive service in this MDL.

Dated: December 15, 2017

Respectfully submitted,

/s/ Monte Bond

Monte Bond, Esq.

Texas Bar No. 02585625

Tautfest Bond PLLC

5151 Belt Line Rd.

Ste. 1000

Dallas, Texas 75254

214-617-9980 (Phone)

214-853-4281 (Fax)

mbond@tautfestbond.com

Attorney for the Plaintiffs

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