Johnson v. C R Bard Incorporated et al

Filing 3

ORDER granting Motion to Dismiss Duplicative Complaints (doc. 17933, in Lead MDL-15-2641). The following duplicate complaints are dismissed: Alarcon, Maria E., CV-17-3615 (Oct. 10, 2017); Black, Samuel Dwayne, CV-18-2413 (July 31, 2018); Butler, Linda Beamon, CV-17-3792 (Oct. 16, 2017); Davis, John Jordan, CV-17-3412 (Oct. 3, 2017); Fortune, Malcolm Duran, CV-18-1426 (May 9, 2018); Johnson, Mary, CV-17-3436 (Oct. 4, 2017); Nichols, Julia, CV-17-3317 (Sept. 26, 2017); and Pratt, James M., CV-18-2385 (July 30, 2018). Signed by Senior Judge David G Campbell on 6/19/19. (MAP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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IN RE: Bard IVC Filters Products
Liability Litigation,

No. MDL 15-02641-PHX-DGC
ORDER

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Defendants move to dismiss duplicative complaints filed in this MDL.

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Doc. 17933. The motion includes a list of ten plaintiffs who have filed more than one

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complaint. Id. at 3.1 Before filing the motion, Defendants sent multiple letters notifying

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Plaintiffs’ Steering Committee and counsel for each individual plaintiff of the duplicative

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actions. See Doc. 17933-1. The letters explained that the duplicate complaints raise the

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same claims for the same individual as asserted in the initial complaints, and requested

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that one of the cases be dismissed. See Doc. 17933 at 3. Plaintiffs’ lead counsel in this

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MDL do not oppose dismissal of duplicate complaints, and counsel for the individual

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plaintiffs have not responded to Defendants’ letters and motion (with the exceptions

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listed below).

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Two of the plaintiffs, Evelyn Gillespie and Candy Powell, filed stipulations to
dismiss their second-filed actions (Case Nos. CV-18-2042, CV-18-2518), which have
been granted. Docs. 17958, 18004, 18051, 18080. Defendants’ motion mentions
plaintiff Jennifer Gosche but she is not included in the list of duplicative actions. See
Doc. 17933 at 2-3. Gosche previously filed a stipulation to dismiss one of her actions
(Case No. CV-18-0240), which has been granted. Docs. 16239, 16377.

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The filing of duplicative complaints in this MDL is not appropriate.

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Doc. 16343 at 4-5; see also M.M. v. Lafayette Sch. Dist. 681 F.3d 1082, 1091 (9th Cir.

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2012) (“It is well established that a district court has broad discretion to control its own

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docket, and that includes the power to dismiss duplicative claims.”); Pacesetter Sys., Inc.

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v. Medtronic, Inc., 678 F.2d 93, 94-95 (9th Cir. 1982) (a district court may “decline

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jurisdiction over an action when a complaint involving the same parties and issues has

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already been filed in another district”).

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See

Defendants’ motion (Doc. 17933) is granted and the following duplicate
complaints are dismissed:

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 Alarcon, Maria E., CV-17-3615 (Oct. 10, 2017);

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 Black, Samuel Dwayne, CV-18-2413 (July 31, 2018);

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 Butler, Linda Beamon, CV-17-3792 (Oct. 16, 2017);

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 Davis, John Jordan, CV-17-3412 (Oct. 3, 2017);

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 Fortune, Malcolm Duran, CV-18-1426 (May 9, 2018);

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 Johnson, Mary, CV-17-3436 (Oct. 4, 2017);

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 Nichols, Julia, CV-17-3317 (Sept. 26, 2017); and

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 Pratt, James M., CV-18-2385 (July 30, 2018).2

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Dated this 19th day of June, 2019.

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The initial complaints remain part of this MDL. See Alarcon, CV-17-0197
(Jan. 20, 2017); Black, CV-17-3461 (Oct. 4, 2017); Butler, CV-17-1782 (June 8, 2017);
Davis, CV-17-2775 (Aug. 17, 2017); Fortune, CV-17-2420 (July 19, 2017); Johnson,
CV-17-2988 (Sept. 1, 2017); Nichols, CV-17-0868 (Mar. 23, 2017); Pratt, CV-17-3193
(Sept. 15, 2017).

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