Todd v. C R Bard Incorporated ( 2020 )

1 Shawtina F. Lewis (SBN 259255) shawtina.lewis@nelsonmullins.com 2 NELSON MULLINS RILEY & SCARBOROUGH LLP 3 19191 South Vermont Avenue, Suite 900 Torrance, CA 90502 4 Telephone: 424.221.7400 Facsimile: 424.221.7499 5 Matthew B. Lerner (admitted pro hac vice) 6 matthew.lerner@nelsonmullins.com James F. Rogers (admitted pro hac vice) 7 jim.rogers@nelsonmullins.com NELSON MULLINS RILEY & 8 SCARBOROUGH LLP 201 17th Street NW, Suite 1700 9 Atlanta, GA 30363 Telephone: 404.322.6158 10 Facsimile: 404.322.6050 11 Eric J. Buhr (SBN 217529) ebuhr@reedsmith.com 12 Alexis A. Rochlin (SBN 280634) arochlin@reedsmith.com 13 Kevin G. Lohman (SBN 222678) klohman@reedsmith.com 14 REED SMITH LLP 355 South Grand Avenue, Suite 2900 15 Los Angeles, CA 90071-1514 Telephone: +1 213.457.8000 16 Facsimile: +1 213.458.8080 17 Attorneys for Defendants C. R. Bard, Inc. and 18 Bard Peripheral Vascular, Inc. 19 UNITED STATES DISTRICT COURT 20 EASTERN DISTRICT OF CALIFORNIA 21 22 DAVID TODD, Case No.: 1:19-cv-01226-DAD-BAM 23 Plaintiff, JOINT STIPULATION ADOPTING THE PROTECTIVE ORDERS AND 24 v. CASE MANAGEMENT ORDERS PREVIOUSLY ISSUED AND 25 C. R. BARD INC., and ADOPTED IN THE MDL AND ORDER BARD PERIPHERAL VASCULAR, INC., 26 Defendants. 27 28 1 The Plaintiff David Todd and Defendants C.R. Bard, Inc. and Bard Peripheral Vascular, 2 Inc., (collectively, “Bard”) (Plaintiff and Bard are collectively referred to herein as “the Parties”) 3 respectfully submit this Joint Stipulation adopting the following protective orders and case 4 management orders previously issued and adopted in MDL 2641 (the “MDL”) and identified 5 below as Exhibits 1 - 6: 6 1. November 10, 2015, Stipulated Protective Order, attached as Exhibit 1; 7 2. December 1, 2015, Case Management Order No. 3, attached as Exhibit 2 8 3. January 5, 2016, Case Management Order No. 7, attached as Exhibit 3; 9 4. March 31, 2016, Case Management Order No. 9, attached as Exhibit 4; 10 5. May 5, 2016, Case Management Order No. 12, attached as Exhibit 5, with respect 11 to the collection of medical and insurance records; Plaintiffs also reserve all and do not waive 12 any privileges by virtue of stipulating to entry of this order; 13 6. November 16, 2016, Amended Case Management Order No. 171, attached as 14 Exhibit 6. 15 Thus, the Parties stipulate and agree that the above referenced orders shall apply to this 16 matter. The Parties further stipulate that the adoption of the above-referenced orders will not 17 interfere with the Parties’ compliance with the Court’s rules and Local Rule 141 regarding filing 18 documents under seal. 19 Respectfully submitted this 28th day of January 2020. 20 DATED: February 7, 2020 Respectfully submitted, 21 NELSON MULLINS RILEY & SCARBOROUGH LLP 22 /s/ Shawtina F. Lewis Shawtina F. Lewis 23 Attorney for Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc. 24 25 1 During the December 20th hearing, the Court requested clarification concerning the references in 26 Amended Case Management Order No. 17 to the MDL Stipulated Protective Order (Doc. 268), rather than Stipulated Protective Order (Doc. 269), attached as Exhibit 1. In response, the Parties note that (Doc. 27 268) was “AMENDED by (Doc. 269)” by the MDL Court “to include Exhibit C,” which had been inadvertently excluded in (Doc. 268). This can be seen in the docket entries on the PACER docket for 28 1 DATED: February 7, 2020 Respectfully submitted, 2 MARTIN BAUGHMAN PLLC 3 /s/ Laura Jean Baughman (as authorized on 1/27/2020) 4 Laura Jean Baughman Attorneys for Plaintiff 5 David Todd 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 CERTIFICATE OF SERVICE 2 I hereby certify that on February 7, 2020, I electronically filed the foregoing with the 3 Clerk of Court using the CM/ECF system and I served a copy of the foregoing pleading on all 4 counsel for all parties, via the CM/ECF system and/or mailing same by United States Mail, 5 properly addressed, and first class postage prepaid, to all counsel of record in this matter. 6 7 By: /s/ Shawtina F. Lewis Shawtina F. Lewis 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 ORDER 2 The Court adopts the Stipulated Protective Order, Pretrial Order No. 3, and Case 3 Management Order Nos. 7, 9, 12, and 17 attached as Exhibits 1 through 4 to the joint stipulation 4 submitted by the parties on January 28, 2020 (Doc. No. 42) with the following modifications: 5 1. References to “this action,” “this litigation,” “this proceeding,” “the parties,” 6 “plaintiff,” and “defendants” or any variation thereof shall refer to David Todd v. C.R. Bard., 7 Inc., et al., Case No. 1:19-cv-01226-DAD-BAM pending before the United States District Court 8 for the Eastern District of California and the parties thereto, and not the multidistrict litigation 9 known as In Re: Bard IVC Filers Products Liability Litigation, MDL No. 2641, before the 10 United States District Court for the District of Arizona and the parties thereto; and 11 2. References to Local Rule of Civil Procedure 5.6 shall be replaced with Local Rule 12 141. 13 The parties are advised that pursuant to the Local Rules of the United States District 14 Court, Eastern District of California, any documents, including documents produced subject to 15 the Stipulated Protective Order, to be filed under seal must be accompanied by a written request 16 which complies with Local Rule 141 prior to sealing. The party making a request to file 17 documents under seal shall be required to show good cause for documents attached to a non- 18 dispositive motion or compelling reasons for documents attached to a dispositive motion. Pintos 19 v. Pacific Creditors Ass’n, 605 F.3d 665, 677-78 (9th Cir. 2009). Within five (5) days of any 20 approved document filed under seal, the party shall file a redacted copy of the sealed document. 21 The redactions shall be narrowly tailored to protect only the information that is confidential or 22 was deemed confidential. Additionally, the parties shall consider resolving any disputes arising 23 under the terms of the Stipulated Protective Order, Pretrial Order No. 3, or Case Management 24 Order Nos. 7, 9, 12, and 17 according to the Court’s informal discovery dispute procedures. IT IS SO ORDERED. 25 26 Dated: February 7, 2020 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 27 28