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In re Bard IVC Filters Products Liability Litigation, MDL 15-02641-PHX-DGC. (2019)

Court: District Court, D. Arizona Number: infdco20191118678 Visitors: 1
Filed: Nov. 15, 2019
Latest Update: Nov. 15, 2019
Summary: ORDER DAVID G. CAMPBELL , Senior District Judge . The parties have filed an updated report on the settlement status of cases. Doc. 20751. The report identifies approximately 100 Track 2 cases that have settled in principle. Id. at 2-13. These cases may remain in Track 2 until May 1, 2020 to allow time to complete settlement paperwork and file stipulated dismissals. See Doc. 16343 at 7 (CMO 42). The Court gave the parties until November 1, 2019 to file stipulated dismissals for Track 1
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ORDER

The parties have filed an updated report on the settlement status of cases. Doc. 20751. The report identifies approximately 100 Track 2 cases that have settled in principle. Id. at 2-13. These cases may remain in Track 2 until May 1, 2020 to allow time to complete settlement paperwork and file stipulated dismissals. See Doc. 16343 at 7 (CMO 42).

The Court gave the parties until November 1, 2019 to file stipulated dismissals for Track 1 cases and to execute a release and term sheet for Track 2 cases. Doc. 16343 at 6-7. Defendants move for a 30-day extension of time, stating that more than 1000 of the approximately 4,400 Track 1 cases already have been dismissed and additional time is needed to complete the resolution of the remaining Track 1 cases. Doc. 20750 at 1-2. Defendants also request additional time to settle in principle several hundred Track 2 cases. Id. at 2. Plaintiffs' Co-Lead Counsel agree to each request. See id. at 1.

The Court will grant Defendants' motion. The parties shall have until December 1, 2019 to file stipulated dismissals for Track 1 cases and settle in principle Track 2 cases. All Track 1 cases for which a stipulated dismissal has not been filed by the December 1 deadline, and all Track 2 cases for which a release or term sheet has not been executed by the same deadline, will be recommended to the JPML for remand or will be transferred under 28 U.S.C. § 1404(a).

The parties' updated report identifies no new Track 3 cases, but three individual Plaintiffs — Maria Dalbotten, George Leus, and Theda Banks — have filed separate motions to remand or transfer. Docs. 20899, 20903, 20925. Defendants shall file responses to the motions by November 22, 2019.

IT IS ORDERED:

1. Defendants' unopposed motion for extension of time (Doc. 20750) is granted. The parties shall have until December 1, 2019 to (1) file stipulated dismissals for Track 1 cases, and (2) execute a release or term sheet in Track 2 cases. The deadline will not be extended.

2. Defendants shall file responses to the motions to remand or transfer (Docs. 20899, 20903, 20925) by November 22, 2019.

Source:  Leagle

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