On August 17, 2015, the United States Judicial Panel on Multidistrict Litigation (“JPML”) consolidated the Bard IVC lawsuits, as part of a Multidistrict Litigation (“MDL”), in the United States District Court for the District of Arizona. Case Management Plans and Case Management Orders for this MDL are described below.

On October 30, 2015, the MDL court issued Case Management Order #1, appointing leadership council, including Lead/Liaison and Steering Committee, and designating their duties and responsibilities for Case Management. According to the Order, the “Lead/Liaison will be (a) the only attorneys permitted to file in the Master Docket as to all actions, and (b) the only attorneys receiving Notices of Electronic Filing for pleadings and orders filed in the Master Docket for all actions.“

On October 30, 2015, the MDL court also issued Case Management Order #2, to lay out a plan of action and due dates for, among other things: 1) Identification and Responsibilities of Parties’ leadership; 2) Protective and Rule 502 Orders submission; 3) ESI Protocol; 4) Discovery matters; 5) Evidentiary Issues; 6) Procedures; 7) Handling of Advanced Cases; and 8) Coordination with State Court Litigation.

On December 1, 2015, the MDL court issued Pre-trial Order #3, enforcing no waiver of privilege and/or work-product protection under Federal Rule of Evidence 502(d).

On December 17, 2015, the MDL court issued Case Management Order # 4, setting forth the protocol for case filings and responses for Master and Short Form Complaints; and, the MDL court also issued Case Management Order # 5, setting forth the protocol for the Plaintiff Profile Form (“PPF”).

On December 18, 2015, the MDL court issued Case Management Order # 6, providing for the “fair and equitable sharing of the burden of services and expenses incurred by attorneys acting for the common benefit of all plaintiffs in this complex litigation.”

On January 5, 2016, the MDL court issued Case Management Order #7, setting forth the protocol for Redactions of Material from Additional Adverse Event Reports, Complaints, and Other Documents.

On February 2, 2016, the MDL court issued Case Management Order #8, concerning discovery and other matters identified in Case Management Order # 2.

On March 9, 2016, the MDL court issued Case Management Order #9, setting forth the protocol for electronically stored information, document form and format production.

On April 1, 2016, the MDL court issued Case Management Order #10, concerning discovery and other matters identified in Case Management Order #8.

On April 22, 2016, the MDL court issued Second Amended Case Management Order # 4, concerning protocol for previous case filings and responses for Master and Short Form Complaints.

On May 5, 2016, the MDL court issued Case Management Order #11, concerning the process for selection and discovery in the first set of bellwether cases; the MDL court also issued Case Management Order #12, setting forth the protocol for Joint Record Collection.