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15-2641 - IN RE: Bard IVC Filters Products Liability Litigation


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15-2641 - IN RE: Bard IVC Filters Products Liability Litigation
September 15, 2015
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ORDER setting Case Management Conference set for 10/29/2015 at 10:00 AM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. See PDF document for details. Signed by Judge David G Campbell on 9/15/15. (LSP)
October 19, 2015
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ORDER re agenda for Case Management Conference to be held at 10/29/2015 at 9:00 a.m. Signed by Judge David G Campbell on 10/19/2015. Any parties wishing to appear telephonically at the Case Management Conference shall notify the Court's chambers no later than 4:00 p.m. on 10/27/2015. (DGC, nvo)
February 11, 2016
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ORDER granting 306 Motion for Protective Order. Dr. John Lehmann's December 15, 2004, report is protected work product pursuant to Federal Rule of Civil Procedure 26(b)(3). Plaintiffs may not use or rely on the report in any pending or future case in this MDL. This order shall not affect any transferor courts' previous orders regarding the discoverability or use of Dr. Lehmanns report. FURTHER ORDERED granting 413 Motion to Seal. The Clerk is directed to accept for filing under seal the document lodged on the Courts docket as Doc. 414. Signed by Judge David G Campbell on 2/11/16. (All Actions)(MAP)
March 17, 2016
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*AMENDED By Doc. 1485*AMENDED CASE MANAGEMENT ORDER NO. 4 (Master Complaint, Master Responsive Pleading, Use of Short Form Complaint, Waiver of Service for Bard Defendants, and Answer and General Denial in Cases Subsequently Transferred to MDL 2641). See Order for Complete Details. Signed by Judge David G Campbell on 3/16/16. (MAP) *Modified on 4/20/2016 (MAP)*.
April 1, 2016
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CASE MANAGEMENT ORDER NO. 10. Next Scheduling Conference set for 6/22/2016 at 10:00 AM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 4/1/2016. (DGC, nvo)
April 20, 2016
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ORDER re: 1146 Notice (Other) filed by Bard Peripheral Vascular Incorporated, C R Bard Incorporated. Signed by Judge David G Campbell on 4/20/2016. (DGC, nvo)
May 4, 2016
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ORDER granting 603 Motion to Remand. FURTHER ORDERED granting/denying in part 870 Motion to Dismiss, or, in Alternative, to Remand. FURTHER ORDERED The Clerk of the Court shall remand this case to the San Francisco County Superior Court. Signed by Judge David G Campbell on 5/4/16. (CV-16-344)(MAP)
May 23, 2016
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ORDER granting 1077 Motion to Remand to State Court. FURTHER ORDERED The Clerk of the Court shall remand this case to the New Castle County Superior Court. Signed by Judge David G Campbell on 5/23/16. (CV-16-336-PHX)(MAP)
May 23, 2016
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ORDER granting Plaintiff's Motion to Remand (N.D. Ohio, doc. 7 in CV-16-786-PHX). FURTHER ORDERED The Clerk of the Court shall remand this case to the Mahoning County Court of Common Pleas. Signed by Judge David G Campbell on 5/23/16. (CV-16-786-PHX)(MAP)
May 31, 2016
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ORDER granting with prejudice 1072 Motion to Dismiss. FURTHER ORDERED denying 1324 Motion to Amend. Signed by Judge David G Campbell on 5/31/16. (CV-15-1714-PHX)(MAP)
June 13, 2016
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ORDER (Re Motion to Compel 1214). ORDERED The parties shall file simultaneous eight-page memoranda addressing issues no later than 12:00 noon on June 20, 2016. The Court will hear oral arguments on the choice of law issues during the June 21, 2016 case management conference. Signed by Judge David G Campbell on 6/13/16. (MAP)
July 25, 2016
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ORDER granting/denying in part 1214 Motion to Compel. See Order for Complete Details. Signed by Judge David G Campbell on 7/25/16. (MAP)
July 28, 2016
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ORDER granting 2130 Motion to Withdraw as Attorney. Withdrawing John A. LaBoon for Defendants. Signed by Judge David G Campbell on 7/27/16. (All Actions)(MAP)
September 16, 2016
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ORDER Re Discoverability of Certain Electronically Stored Information ("ESI") Generated by Foreign Entities (subsidiaries or divisions of Defendant C.R. Bard) that Sell IVC Filters Abroad. The Court will deny Plaintiffs' request for this discovery. See Order for Details. Signed by Judge David G Campbell on 9/16/16. (MAP)
October 28, 2016
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ORDER granting 3401 Motion to Dismiss the Out-of-state Plaintiffs for Lack of Personal Jurisdiction. The Court will retain jurisdiction over the claims of Plaintiffs Angela Novy and Tammy Dykema. FURTHER ORDERED denying 3403 Motion to Remand. Signed by Judge David G Campbell on 10/27/16. (CV-16-2853)(MAP)
October 28, 2016
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ORDER granting (doc. 9, CV-16-2442) Motion to Dismiss for Lack of Personal Jurisdiction. FURTHER ORDERED denying as moot 3316 Motion to Remand. Signed by Judge David G Campbell on 10/27/16. (CV-16-2442)(MAP)
November 17, 2016
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ORDER granting 4014 Motion to Substitute Attorney. ORDERED that Plaintiffs' counsel's motion to substitute counsel (Doc. 4014) is granted. The Clerk shall note that John T. Kirtley, III, 2603 Oak Lawn Avenue, Suite 300, P.O. Box 199109, Dallas, TX 75219 is substituted as counsel of record for Plaintiffs in Case No. CV16-3724 PHX DGC in lieu of Monte Bond. Signed by Judge David G Campbell on 11/17/16.(MAP)
November 22, 2017
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ORDER denying 5396 Motion for Summary Judgment. Signed by Judge David G Campbell on 11/22/2017.(DGC, nvo)
November 22, 2017
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ORDER re: REDACTED ORDER re: 8873 Order on Motion for Summary Judgment, 7456 MOTION for Summary Judgment Defendants' Motion & Memorandum in Support of Motion for Partial Summary Judgment of Plaintiff Sherr-Una Booker's Claims filed by Bard Peripheral Vascular Incorporated, C R Bard Incorporated. Signed by Judge David G Campbell on 11/22/2017. (DGC, nvo)
December 21, 2017
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ORDER denying 5677 Defendants' motion to disqualify Thomas Kinney, M.D. as an expert for Plaintiffs and granting 6682 Plaintiffs' motion for leave to file a surreply. The Clerk is directed to file the lodged surreply (Doc. 6683). Signed by Judge David G Campbell on 12/21/17. (LSP)
December 21, 2017
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ORDER denying as moot 6678 Defendants' motion to disqualify experts, with respect to Dr. Resnick and is otherwise denied. The Court enters this order in reliance on Plaintiffs' avowal that Dr. Resnick will have no further involvement in this case. Signed by Judge David G Campbell on 12/21/17. (LSP)
December 21, 2017
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ORDER granting in part and denying in part 7308 and 7309 Defendants' motions to exclude the opinions Drs. Suzanne Parisian and David Kessler. See PDF document for further details. Signed by Judge David G Campbell on 12/21/17. (LSP)
December 22, 2017
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ORDER granting in part and denying in part 7296 Defendants' motion to exclude expert opinions. See PDF document for details. Signed by Judge David G Campbell on 12/22/17. (LSP)
January 22, 2018
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ORDER granting 7291 Motion to Exclude the Opinions of Dr. Mark Eisenberg. Signed by Judge David G Campbell on 1/22/18. (MAP)
January 22, 2018
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ORDER granting/denying in part 7304 Motion to Exclude the Opinions of Dr. Derek Muehrcke. Signed by Judge David G Campbell on 1/22/18. (MAP)
January 22, 2018
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ORDER granting/denying in part 7302 Motion to Exclude the Opinions of Dr. Darren Hurst. The motion is granted as follows: Dr. Hurst cannot (1) opine that Bard filters have higher complication rates than other IVC filters and have unacceptable risks of caudal migration, or (2) render opinions about Bard's internal knowledge, its internal testing and development practices, or the truthfulness of its representations in general. Signed by Judge David G Campbell on 1/22/18. (MAP)
January 22, 2018
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ORDER denying 7288 Motion to Exclude the Opinions of Rebecca Betensky, Ph.D. Signed by Judge David G Campbell on 1/22/18. (MAP)
January 29, 2018
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ORDER denying 9529 Motion in Limine. Signed by Judge David G Campbell on 1/29/2018.(DGC, nvo)
February 6, 2018
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ORDER denying as moot 7326 Motion in Limine. Signed by Judge David G Campbell on 2/6/2018.(DGC, nvo)
February 8, 2018
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ORDER granting in part 7314 Motion in Limine to exclude the opinions of Robert McMeeking, Ph.D. See Order for Details. Signed by Judge David G Campbell on 2/8/18. (MAP)
February 8, 2018
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ORDER granting in part 7316 Motion in Limine to Exclude the Opinions of Robert Ritchie, Ph.D. See Order for Details. Signed by Judge David G Campbell on 2/8/18. (MAP)
February 12, 2018
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ORDER granting/denying in part 7294 Motion to Exclude the Opinions of Drs. David Garcia and Michael Streiff. See Order for Details. Signed by Judge David G Campbell on 2/12/18. (MAP)
February 15, 2018
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ORDER granting 9865 Defendants' Motion in Limine No 4 (Photograph of Michael Randall); denying 9866 Plaintiffs' Motion in Limine No. 2 (benevolent activities); granting 9868 Defendants' Motion in Limine No. 5 (Dr. Kinneys work for Bard); denying as moot 9870 Plaintiffs' Motion in Limine No. 5 (evidence not produced in complaint files); granting 9872 Plaintiffs' Motion in Limine No. 7 (prior judicial opinions); granting 9873 Plaintiffs' Motion in Limine No. 8 (adverse impact of a plaintiffs verdict); denying 9876 Plaintiffs' Motion in Limine No. 11 (informed consent form); granting 9877 Plaintiffs' Motion in Limine No. 12 (Dr. Kangs social media posts); denying 9879 Plaintiffs' Motion in Limine No. 14 (personal traits of employees and witnesses). See Order for Details. Signed by Judge David G Campbell on 2/15/18. (CV-16-474-PHX) (MAP)
February 21, 2018
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ORDER denying 7324 Motion in Limine. Signed by Judge David G Campbell on 2/21/2018.(DGC, nvo)
February 21, 2018
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ORDER denying 7320 Motion in Limine re opinions of Dr. Christopher Morris. Signed by Judge David G Campbell on 2/21/2018.(DGC, nvo)
March 1, 2018
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ORDER denying 9862 Motion in Limine; denying 9863 Motion in Limine; granting 9864 Motion in Limine; denying 9867 Motion in Limine; denying 9869 Motion in Limine; granting in part and denying in part 9871 Motion in Limine; denying 9874 Motion in Limine; granting in part 9875 Motion in Limine; denying 9878 Motion in Limine. Signed by Judge David G Campbell on 3/1/2018.(DGC, nvo)
March 9, 2018
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ORDER re: 10343 Brief (Non Appeal) filed by Bard Peripheral Vascular Incorporated, C R Bard Incorporated, 10345 Trial Brief filed by Bard IVC Filters Products Liability Litigation. Signed by Judge David G Campbell on 3/9/2018. (DGC, nvo)
March 12, 2018
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e David G Campbell on 3/12/2018.(DGC, nvo)ORDER granting in part and denying in part 7351 Motion for Summary Judgment. Motion is granted with respect to Plaintiffs' claims for misrepresentation (VIII, XII), negligence per se (IX), consumer fraud and unfair trade practices (XIV). Motion is denied with respect to the claims for failure to warn (II, VII) and punitive damages. These claims, along with the claims for design defect (III, IV), and fraudulent concealment (XIII, and loss of consortium (XV) remain for trial. Signed by Judg
March 19, 2018
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ORDER re: 10488, 10487 re SNF evidence. Signed by Judge David G Campbell on 3/19/2018. (DGC, nvo)
April 18, 2018
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ORDER re: 10677 Brief (Non Appeal) filed by Bard Peripheral Vascular Incorporated, C R Bard Incorporated, 10707 Trial Brief filed by Bard IVC Filters Products Liability Litigation. Signed by Judge David G Campbell on 4/18/2018. (DGC, nvo)
April 27, 2018
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ORDER denying in part 10873 Motion for Reconsideration. Signed by Judge David G Campbell on 4/27/2018.(DGC, nvo)
May 3, 2018
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ORDER granting in part and denying in part 10808 Motion in Limine; granting 10809 Motion in Limine; granting 10811 Motion in Limine; granting 10813 Motion in Limine; granting in part and denying in part 10814 Motion in Limine; granting 10815 Motion in Limine; granting in part and denying in part 10816 Motion in Limine; granting 10817 Motion in Limine; denying 10818 Motion in Limine. Signed by Judge David G Campbell on 5/3/2018.(DGC, nvo)
May 7, 2018
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CASE MANAGEMENT ORDER NO. 32 (re Jones trial). Signed by Judge David G Campbell on 5/7/2018. (DGC, nvo)
May 8, 2018
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ORDER re references to deaths. Signed by Judge David G Campbell on 5/8/2018. (DGC, nvo)
June 19, 2018
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ORDER denying 10879 Motion for Judgment as a Matter of Law; denying 10880 Motion for New Trial. Signed by Judge David G Campbell on 6/19/2018.(DGC, nvo)
June 25, 2018
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ORDER denying 11010 Motion to Seal Certain Trial Exhibits. Signed by Judge David G Campbell on 6/22/18. (CV-16-474-PHX) (MAP)
June 28, 2018
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CASE MANAGEMENT ORDER NO. 34. See Document for Details. Signed by Judge David G Campbell on 6/28/18. (MAP)
July 26, 2018
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ORDER granting in part and denying in part 7359 Motion for Summary Judgment. See Order for complete details. Signed by Judge David G Campbell on 7/26/2018.(DGC, nvo)
August 2, 2018
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CASE MANAGEMENT ORDER NO. 36 (Tinlin pretrial schedule). Dispositive motions due by 12/7/2018. Signed by Judge David G Campbell on 8/2/2018. (DGC, nvo)
August 3, 2018
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ORDER denying 11663 Motion to contact of former jurors. Signed by Judge David G Campbell on 8/3/2018.(DGC, nvo)
August 3, 2018
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ORDER granting in part and denying in part 11766 Motion for Reconsideration. See Order for complete details. Signed by Judge David G Campbell on 8/3/2018.(DGC, nvo)
August 3, 2018
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ORDER denying 11876 Motion to Remand to State Court. Signed by Judge David G Campbell on 8/3/2018.(DGC, nvo)
August 17, 2018
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ORDER granting 7341 Motion for Summary Judgment (Kruse). Signed by Senior Judge David G Campbell on 8/17/2018.(DGC, nvo)
August 31, 2018
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ORDER granting 12094 Motion to Bifurcate Trial. Signed by Senior Judge David G Campbell on 8/31/18. (CV-16-893-PHX) (MAP)
September 4, 2018
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ORDER denying 12100, 12101 Motions in Limine Nos. 4 and 5. Signed by Senior Judge David G Campbell on 9/4/18. (CV-16-893-PHX) (MAP)
September 7, 2018
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MAP)ORDER Re Motions in Limine: granting 12088 Motion in Limine to Exclude Evidence of Recovery Filter Cephalad Migration Deaths. FURTHER ORDERED denying 12090 Motion in Limine to Exclude Evidence of the Simon Nitinol Filter as a Reasonable Alternative Design. FURTHER ORDERED granting 12091 Motion in Limine to Exclude Testimony About Personal Opinions of Dr. Muehrcke. FURTHER ORDERED denying 12093 Motion in Limine to Exclude Evidence and Argument About Informed Consent. FURTHER ORDERED denying 12095 Motion in Limine Limitation in Scope of FDA Evidence. FURTHER ORDERED denying 12097 Motion in Limine Exclude or Limit Argument and Evidence regarding Surgeon General's Call to Action. FURTHER ORDERED granting 12099 Motion in Limine to Exclude Evidence that November 2012 and May 2013 Incidents Caused or Contributed to Hyde's G2X Filter Failure/Fracture. See Order for Complete Details. Signed by Senior Judge David G Campbell on 9/7/18. (CV-16-893-PHX) (
September 7, 2018
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ORDER AND SUGGESTION OF REMAND. ORDERED Pursuant to J.P.M.L. Rule 10.1(b)(i), the Court suggests that the Panel remand the 10 mature cases listed on Schedule A to their transferor districts for further proceedings. The Clerk shall forward a certified copy of this order to the Panel. See Order for Complete Details. Signed by Senior Judge David G Campbell on 9/7/18. (MAP)
September 12, 2018
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ORDER that judgment is entered in favor of Defendants on Plaintiffs' negligence per se claim (Count IX). Signed by Senior Judge David G Campbell on 9/11/18. (CV-16-893-PHX) (MAP)
September 13, 2018
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ORDER re Dr. Asch's prior trial testimony. Signed by Senior Judge David G Campbell on 9/13/2018. (DGC, nvo)
September 13, 2018
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ORDER re: 12358 Trial Brief filed by Bard Peripheral Vascular Incorporated, C R Bard Incorporated re Defendants' request for reconsideration of the Court's summary judgment ruling that Wisconsin's production liability statute does not create a rebuttable presumption that the Bard IVC filter is not defective. Signed by Senior Judge David G Campbell on 9/13/2018. (DGC, nvo)
October 2, 2018
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ORDER granting in part and denying in part 12778 Motion for Judgment as a Matter of Law. Signed by Senior Judge David G Campbell on 10/2/2018.(DGC, nvo)
October 4, 2018
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CASE MANAGEMENT ORDER NO. 37. See Order for Details. Signed by Senior Judge David G Campbell on 10/3/18. (MAP)
November 8, 2018
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ree days before the conference. Signed by Senior Judge David G Campbell on 11/8/18. (MAP)CASE MANAGEMENT ORDER NO. 40 (Mulkey Bellwether Trial). ORDERED granting 12990 Motion to Amend the Bellwether Trial Schedule to Remove the Mulkey Case. FURTHER ORDERED The dates and deadlines for the February 2019 bellwether trial set forth in Case Management Order No. 38 (Doc. 12853 at 2-4) are vacated. The Court will try the Tinlin case in May 2019 as presently scheduled. See Doc. 12971 (CMO No. 39). FURTHER ORDERED The Court will hold a Status Conference with the parties on December 6, 2018, at 10:00 a.m. Out-of-state counsel may participate by phone. The purpose will be to discuss compliance with the Tinlin schedule and any other matters the parties deem relevant. The parties should file a joint status report th