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Ramon Rossi Lopez – rlopez@lopezmchugh.com

(California Bar Number 86361; admitted pro hac vice) 

Lopez McHugh LLP 

100 Bayview Circle, Suite 5600 

Newport Beach, California 92660 

949-812-5771 

Mark S. O’Connor (011029) – mark.oconnor@gknet.com

Gallagher & Kennedy, P.A. 

2575 East Camelback Road 

Phoenix, Arizona 85016-9225 

602-530-8000 

Co-Lead/Liaison Counsel for Plaintiffs 

UNITED STATES DISTRICT COURT 

DISTRICT OF ARIZONA 

In Re Bard IVC Filters Products 

Liability Litigation 

No. MD-15-02641-PHX-DGC

SHERR-UNA BOOKER, an individual, 

Plaintiff, 

v. 

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

corporation and BARD PERIPHERAL 

VASCULAR, an Arizona corporation, 

Defendants. 

PLAINTIFF’S MOTION IN LIMINE #14 

AND MEMORANDUM IN SUPPORT 

TO EXCLUDE EVIDENCE OF 

PERSONAL TRAITS OF BARD’S 

CURRENT AND FORMER 

EMPLOYEES AND WITNESSES 

(The Honorable David G. Campbell) 

(Oral Argument Requested) 

MEMORANDUM IN SUPPORT OF PLAINTIFF’S MOTION IN LIMINE TO 

EXCLUDE EVIDENCE OF PERSONAL TRAITS OF BARD’S CURRENT AND 

FORMER EMPLOYEES AND WITNESSES

Plaintiff seeks a pretrial ruling to preclude Defendants from commenting on, 

referring to, introducing argument or evidence at trial relating to the religion, religious 

beliefs, religious activities, church membership, church affiliation, socioeconomic status, 

marital status, parental relationships, family health status, and children of Defendants’ 

current and former employees and other witnesses. 

Case 2:15-md-02641-DGC Document 9879 Filed 01/26/18 Page 1 of 3
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MEMORANDUM OF LAW 

Bard has repeatedly attempted to bolster the credibility of their witnesses by 

eliciting irrelevant testimony regarding the religious affiliations and family circumstances 

of its current and former employees. For example, sales representative Patrick McDonald 

testified to the following in response to Bard’s counsel’s questions: that he and his wife 

just celebrated their ten-year anniversary; that he has two children who “go to Christ 

Church School right here next to us and now it’s Christ Church Camp because we’re in 

the summer”; that he is Roman Catholic and is a member of St. John’s Church, where his 

parents and in-laws also go; that he recently celebrated his “son’s first Holy 

Communion”; and that his family is “an active part of” his church. Exhibit A, Deposition 

of Patrick McDonald, July 29, 2016, at 180:8-23. Bard has elicited similar testimony 

from Mr. McDonald’s prior supervisor who was involved district sales on a national level 

(Daniel Orms) and from another one of its former sales manager (Jack Sullivan). Exhibit 

B, Deposition of Daniel Orms, August 16, 2016, at 264:8-17; Exhibit C, Deposition of 

Jack Sullivan, September 16, 2016, at 394:20-395:18. 

Another example of this unfairly prejudicial and irrelevant testimony transpired at 

the deposition of Guillermo “Bill” Altonaga, Bard’s former Medical Director. Dr. 

Altonaga testified: “I came from a family that wasn't highly educated. My father and 

mother were not educated folks. They came from Cuba. And I really wasn't aware of all 

the options and how to go and pursue that type of education, and I thought that this was a 

way that was more feasible for me to do.” He further testified “I didn't have a lot of 

guidance. I didn't have parents that said this is where you go to school, this is how it's 

going to be, you do your undergraduate, you go to graduate school. You know, so I had 

to fend for myself and figure out what I wanted to do.” Exhibit D, Deposition of Bill 

Altonaga, October 22, 2013 at 15:13-18, and 18:9-13. 

Such evidence is irrelevant to the issues involved in this case, has the potential to 

improperly invoke the sympathy of the jury or create a potential bias, is unduly 

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prejudicial, and inadmissible. It bears a substantial risk of influencing the jury to reach 

conclusions on an improper basis; this risk far outweighs any possible relevance of 

conveying to jurors Bard’s employees’ ethnicities, nationalities, religious tendencies, 

marital status, preference to procreate, socioeconomic status, or lack of resources or 

guidance experienced during childhood. 

Accordingly, the Court should grant Plaintiff’s motion and enter an Order barring 

any argument, testimony, or evidence regarding the religion, religious beliefs, religious 

activities, church membership, church affiliation, marital status, socioeconomic status, 

family health status, parental relationships, or children of Defendants’ current and former 

employees and other witnesses. 

RESPECTFULLY SUBMITTED this 26th day of January, 2018. 

GALLAGHER & KENNEDY, P.A. 

By: /s/ Mark S. O’Connor 

Mark S. O’Connor 

2575 East Camelback Road 

Phoenix, Arizona 85016-9225 

LOPEZ McHUGH LLP 

Ramon Rossi Lopez (CA Bar No. 86361) 

(admitted pro hac vice) 

100 Bayview Circle, Suite 5600 

Newport Beach, California 92660 

Co-Lead/Liaison Counsel for Plaintiffs 

CERTIFICATE OF SERVICE 

I hereby certify that on this 26th day of January, 2018, I electronically transmitted 

the attached document to the Clerk’s Office using the CM/ECF System for filing and 

transmittal of a Notice of Electronic Filing. 

/s/ Gay Mennuti 

Case 2:15-md-02641-DGC Document 9879 Filed 01/26/18 Page 3 of 3