Bayes et al v. Biomet, Inc. et al
| Mary Bayes and Philip Bayes |
| Biomet, Inc., Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC and Biomet Manufacturing Corp. |
| 4:2013cv00800 |
| April 26, 2013 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - County |
| Rodney W. Sippel |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
464
MEMORANDUM AND ORDER: In sum, Plaintiffs may recover $53,617.32 in costs. The Court therefore taxes costs against Biomet in the total amount of $53,617.32. Signed by District Judge Stephen R. Clark on 8/2/2021. (CLO)
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Filing
402
MEMORANDUM AND ORDER: This motion to disqualify does not present a close call. The Court finds that Defendants filed this motion not because of legitimate concerns with upholding the Rules of Professional conduct or preserving the integrity of att orney-client confidentiality but as tactical matter attempting to coerce a continuance of the trial date. As the Court has previously admonished: at the heart of this case lies the question of justicea determination of whether Defendants are liabl e to compensate Mr. and Mrs. Bayes for their injuries, and if so, how much. This is not a war, and certainly not a war of attrition. Doc. 169. For the reasons set forth above, the Court denies the motion. Signed by District Judge Stephen R. Clark on 11/12/20. (JAB)
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Filing
370
MEMORANDUM AND ORDER: This matter is before the Court on 367 Plaintiffs' Confidential Motion for access to portions of the sealed record. The Court grants the motion. SEE ORDER FOR DETAILS. Signed by District Judge Stephen R. Clark on 10/27/20. (JAB)
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Filing
354
MEMORANDUM AND ORDER: This matter is before the Court on 338 Plaintiffs' Request for Guidance. Plaintiffs seek the Court's guidance "in how to elicit testimony regarding payments made to defense witnesses in other matterswithout violating the Court's Order pertaining to OSI." Doc. 338. Biomet submitted a response to Plaintiff's Request for Guidance. Doc. 339. (SEE ORDER FOR DETAILS). Signed by District Judge Stephen R. Clark on 10/21/2020. (CLO)
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Filing
294
MEMORANDUM AND ORDER: The Court has denied Biomet's motion for summary judgment on Plaintiffs' punitive damages claim. See Doc. 260 . The Court has further determined that Missouri law applies to Plaintiffs claim for punitive damages. D oc 293 . The Court now addresses the procedure by which the Court will permit the presentation of evidence at trial pertaining to punitive damages. The Court will bifurcate the trial. SEE ORDER FOR DETAILS. Signed by District Judge Stephen R. Clark on 10/4/20. (JAB)
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Filing
293
MEMORANDUM AND ORDER: The Court finds that Missouri law applies to Plaintiffs' claim for punitive damages. Signed by District Judge Stephen R. Clark on 10/2/20. (JAB)
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Filing
290
MEMORANDUM AND ORDER: Plaintiffs and Biomet have each submitted objections to the opposing partys opening statement visuals. Docs. 277, 278. The Court addresses these objections below. SEE ORDER FOR DETAILS. Signed by District Judge Stephen R. Clark on 10/1/20. (JAB)
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Filing
267
MEMORANDUM AND ORDER: The Court orders Plaintiffs Mary and Philp Bayes and Defendant Biomet, following review of the juror prescreening questionnaires in this matter, to each file a Request that (1) lists the potential jurors they request to have excused at this point, and (2) states the reason as to why each listed potential juror should be excused. The Request must be filed no later than Wednesday, September 30, 2020, at 10:00 a.m. The Court further orders that any response to the other sides Request to excuse potential jurors must be filed no later than Wednesday, September 30, 2020, at 2:00 p.m. Signed by District Judge Stephen R. Clark on 9/25/20. (JAB)
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Filing
260
MEMORANDUM AND ORDER: The Court DENIES [Doc. 124 ] Biomet's Motion for Summary Judgment on Plaintiffs' claim for punitive damages (Count XI). Signed by District Judge Stephen R. Clark on 9/23/20. (JAB)
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Filing
259
MEMORANDUM AND ORDER: The Court orders the parties to submit briefs, not to exceed five pages and limited to the issues identified above, no later than 12:00 p.m. on Thursday, September 24, 2020. Signed by District Judge Stephen R. Clark on 9/22/20. (JAB)
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Filing
252
MEMORANDUM AND ORDER: The Court denies 105 Plaintiffs' Motion to Exclude Testimony and Opinions of Biomet's Expert Dr. Thomas Bauer, M.D. The Court denies 113 Plaintiffs' Motion to Exclude Testimony and Opinions of Biomet's Expert Dr. Thomas Fleeter, M.D. The Court grants, in part, and denies, in part, 116 Plaintiffs' Motion to Exclude Testimony and Opinions of Biomet's Expert Dr. Steven Kurtz, Ph.D., as set forth in detail above.. Signed by District Judge Stephen R. Clark on 9/18/20. (JAB)
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Filing
225
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that 107 Biomet's Motion to Exclude Specific Causation Opinions of Dr. Paul Lux and Dr. George Kantor is DENIED. IT IS FURTHER ORDERED that 124 Biomet's Motion for Summary Judgment is GRANTED in part and DENIED in part as set forth fully herein. IT IS FINALLY ORDERED that the Parties shall submit revised proposed jury instructions in light of this Order on or before September 4, 2020. Signed by District Judge Stephen R. Clark on 8/28/20. (JAB)
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Filing
185
MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that 179 Defendants' Motion for Leave to File Amended Answer is GRANTED in part and DENIED in part, as set forth herein. IT IS FURTHER ORDERED that deposition testimony may only be used at trial as set forth in Federal Rule of Civil Procedure 32. Signed by District Judge Stephen R. Clark on 8/10/2020. (CLO)
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Filing
83
MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that 78 Defendants' Motion for Protective Order and 79 Plaintiffs' Motion to Compel are GRANTED in part, and DENIED in part, as set forth in detail herein. Signed by District Judge Stephen R. Clark on 5/14/2020. (CLO)
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Filing
15
MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that this case is set for a status conference on Thursday, November 1, 2018 at 2:30 p.m. in the chambers of the undersigned. [SEE ORDER FOR COMPLETE DETAILS.] (Response to Court due by 10/23/2018. Status Conference set for 11/1/2018 02:30 PM in Chambers before District Judge Rodney W. Sippel.). Signed by District Judge Rodney W. Sippel on 10/1/2018. (NEP)
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