Honeycutt v. Cuckler, MD et al
| Valena Honeycutt |
| Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet US Reconstruction LLC, Alabama Medical Consultants Inc, Biomet Inc and John Cuckler |
| 4:2019cv00216 |
| March 29, 2019 |
| US District Court for the Eastern District of Arkansas |
| D P Marshall |
| James M Moody |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 3, 2021. A more recent docket listing may be available from PACER.
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Filing 86
ORDER: The Court appreciates the parties' proposed Final Scheduling Order, 92, and the notice about other cases remaining in the MDL. The Court will hold motions hearings 13-15 October 2020 and 17-19 November 2020. And the trial settings will start in February 2021, instead of January. The Court has also written Judge Miller about the four other cases that may be coming. Signed by Judge D. P. Marshall Jr. on 6/13/2019. (jak)
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Filing 85
LETTER ORDER to the Honorable Judge Robert L. Miller, Jr. Signed by Judge D. P. Marshall Jr. on 6/13/2019. (jak)
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| Filing 84 NOTICE by Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet US Reconstruction LLC Proposed Scheduling Order (Pruitt, Lyn) |
| Filing 83 NOTICE by Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet US Reconstruction LLC that the following MDL cases be remanded to this Court. (Pruitt, Lyn) |
| Filing 82 TRANSCRIPT of Status Conference held on 5/8/2019, before Judge D.P. Marshall Jr. Court Reporter Christa R. Jacimore. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. DEADLINES: Notice of Intent to Request Redaction due 5/29/2019. Redaction Request due 6/12/2019. Redacted Transcript Deadline set for 6/24/2019. Release of Transcript Restriction set for 8/20/2019. (fcd) |
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Filing 81
ORDER by agreement of the parties, the Protective Order entered in the MDL, Exhibit C to 242 in No. 3:12-md-2391 attached to this Order, is entered - as amended - in all these cases. Signed by Judge D. P. Marshall Jr. on 5/9/2019. (jak)
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Filing 80
ORDER: For the reasons stated on the record at the 5/8/2019 hearing, the Court made the following rulings: 195 Motion to consolidate trials in Case No. 4:19-cv-161 is denied without prejudice. By Agreement the Court will enter the Protective Order entered in the MDL with some minor amendments in all these cases by separate Order. The Court consolidates pretrial filings in all five of these cases with 4:18-cv-926 being the lead case; all filings must be made in that case number. Joint proposal of a draft scheduling order due by 5/31/2019. Biomet must file a notice by 5/31/2019 about other cases in the MDL that me be remanded to this Court. Signed by Judge D. P. Marshall Jr. on 5/9/2019. (jak)
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| Filing 79 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) Minute Entry for status conference held before Judge D. P. Marshall Jr. on 8 May 2019. The Court heard from the parties regarding the status of the pending Biomet cases, scheduling, pending motion, and the Protective Order. An order will follow. (for Plaintiffs: Paul James, Sean McCarty, Christopher Jennings, and Randy James; for Defendants: Lyn Pruitt and Stephanie Koltookian; and Court Reporter Christa Jacimore). (slb) |
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Filing 78
ORDER: Any lawyer who has been properly admitted in one of these cases under Local Rule 83.5 may appear in the other cases. No additional pro hac vice motion is required. Honeycutt's lawyers are not yet admitted and must comply with Local Rule 83.5. Signed by Judge D. P. Marshall Jr. on 4/30/2019. (jak)
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| Filing 77 NOTICE of Appearance by Lyn Peeples Pruitt on behalf of Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet US Reconstruction LLC (Pruitt, Lyn) |
| Filing 76 NOTICE by All Defendants Pre Conference Notice and Suggestions (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Pruitt, Lyn) |
| Filing 75 Mail Returned as Undeliverable. Mail sent to Altom M. Maglio re #71 Case Transferred In - District Transfer (jap) |
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Filing 74
ORDER: The Court will hold a joint status and scheduling conference in all these cases on 5/8/2019 at 9:00 a.m. in courtroom 1A in Little Rock. Any party may file a pre-conference notice with suggestions by 4/26/2019. The scheduling orders - 189 in 4:18-cv-645 DPM and 76 in 4:18-cv-926 - are vacated. Signed by Judge D. P. Marshall Jr. on 4/2/2019. (jak)
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| Filing 73 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE OF REASSIGNMENT. Pursuant to #72 Order, the Clerk's office has reassigned the case to Judge D. P. Marshall Jr. (jak) |
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Filing 72
ORDER directing the clerk to reassign this case to Judge D.P. Marshall Jr. because he is presiding over a related case. Signed by Judge James M. Moody Jr. on 4/2/2019. (ljb)
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| Filing 71 Case electronically transferred in from District of Indiana Northern; Case Number 3:17-cv-00516. Electronic file copy of transfer order and docket sheet received. |
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Filing 70
SUPPLEMENTAL TRANSFER ORDER (GROUP 3) AND EXPLANATION TO RECEIVING COURTS Pursuant to the court's prior orders and 28 U.S.C. 1404(a), this case is TRANSFERRED to the Eastern District of Arkansas (Western Division). Signed by Judge Robert L Miller, Jr on 3/28/19. (jld) [Transferred from innd on 3/29/2019.]
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Filing 69
ORDER: GRANTING #68 Motion to Withdraw #51 Motion for Protective Order; The #51 Motion for Protective Order is WITHDRAWN. Signed by Judge Robert L Miller, Jr on 3/26/19. (jld) [Transferred from innd on 3/29/2019.]
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| Filing 68 MOTION to Withdraw #51 MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice by Defendants Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc.. (Hanig, Erin) [Transferred from innd on 3/29/2019.] |
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Filing 67
MEMORANDUM AND ORDER FOR MARCH 4, 2019 STATUS CONFERENCE Summary of topics discussed and action taken. Next status conference set for May 9, 2019 at 1:30 p.m. (EDT). Signed by Judge Robert L Miller, Jr on 3/4/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.]
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Filing 66
ORDER GRANTING the parties' Second Joint Motion for Stay Related to Biomet's Motions for Protective Order on Plaintiffs' 30(b)(6) Deposition Notice and continues the stay on briefing and hearing no Biomet's motions for protective order through 3/25/2019. Parties are directed to file a report on the status of the pending motion by 3/25/2019. Signed by Judge Robert L Miller, Jr on 3/4/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.]
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| Filing 65 STATUS CONFERENCE held on 3/4/2019 before Judge Robert L Miller, Jr. Pla appeared by atty B. Fulmer, N. Ward. Dft appeared by atty E. Hanig, J. Winter. The Court hears from parties. The next Status Conference is set for 5/9/2019 at 1:30 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Written memorandum to follow. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.] |
| Filing 64 Second MOTION to Stay re #51 MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice by Defendants Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc.. (Hanig, Erin) [Transferred from innd on 3/29/2019.] |
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Filing 63
ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the Status Conference to be held on 3/4/2019 at 1:30 PM (EDT). Signed by Judge Robert L Miller, Jr on 2/27/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.]
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Filing 62
ORDER granting #61 Motion to Stay Briefing and hearing on Biomet's motions for protective order. Counsel shall inform the Court of the status of their negotiations by 3/1/2019. Signed by Judge Robert L Miller, Jr on 2/4/19. (jld) [Transferred from innd on 3/29/2019.]
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| Filing 61 Joint MOTION to Stay re #51 MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice by Defendants Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc.. (Hanig, Erin) [Transferred from innd on 3/29/2019.] |
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Filing 60
ORDER granting Agreed Motion for Extension of Time to File Reply and affording Biomet to and including January 30, 2019 to meet and confer with Plaintiffs and file its replies in support of Biomet's motions, if necessary. Signed by Judge Robert L Miller, Jr on 1/23/19. (jld) [Transferred from innd on 3/29/2019.]
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| Filing 59 Consent MOTION for Extension of Time to File Response/Reply as to #51 MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice by Defendants Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc.. (Hanig, Erin) [Transferred from innd on 3/29/2019.] |
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Filing 58
MEMORANDUM AND ORDER FOR JANUARY 9, 2019 STATUS CONFERENCE Summary of topics discussed and action taken. Next status conference set for March 4, 2019 at 1:30 p.m. (EST). Signed by Judge Robert L Miller, Jr on 1/10/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.]
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| Filing 57 RESPONSE to Motion re #51 MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice filed by Valena Honeycutt. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Franciskato PHV, Brian) [Transferred from innd on 3/29/2019.] |
| Filing 56 STATUS CONFERENCE held on 1/9/2019 before Judge Robert L Miller, Jr. Pla appeared by atty Navan Ward. Dft appeared by atty Erin Hanig, John Winter. Summary of topics discussed and action taken. Next status conference set for March 4, 2019 at 01:30 PM (EST) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) Modified on 1/11/2019 to correct date hearing held (jld). Modified on 2/1/2019 to correct date hearing held (dk). [Transferred from innd on 3/29/2019.] |
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Filing 55
ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the status conference on January 9, 2019 at 1:15 p.m. (EST).. Signed by Judge Robert L Miller, Jr on 1/7/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.]
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Filing 54
ORDER granting Motion for Extension of Time to File Response to Motion for Protective Order. Response to be filed by 1/10/2019. Signed by Judge Robert L Miller, Jr on 12/21/18. (jld) [Transferred from innd on 3/29/2019.]
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| Filing 53 Consent MOTION for Extension of Time to File Response/Reply as to #51 MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice by Plaintiff Valena Honeycutt. (Franciskato PHV, Brian) [Transferred from innd on 3/29/2019.] |
| Filing 52 NOTICE by Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. re #51 MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice Local Rule 37-1 Notice (Hanig, Erin) [Transferred from innd on 3/29/2019.] |
| Filing 51 ***WITHDRAWN PER * #69 ORDER ON 3/26/2019*** MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice by Defendants Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hanig, Erin) Modified on 3/27/2019 (jld). [Transferred from innd on 3/29/2019.] |
| Filing 50 STATUS CONFERENCE held on 11/15/2018 before Judge Robert L Miller, Jr. Pla appeared by atty Brenda Fulmer. Dft appeared by atty John Winter, Erin Hanig. Topics discussed included status of discovery in Groups 6 and 7 and pending motions. Next status conference set for Wednesday, January 9, 2019 at 1:15 p.m. (EST) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) Modified on 12/13/2018 to correct date of hearing (jld). [Transferred from innd on 3/29/2019.] |
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Filing 49
ORDER Concerning Remote Attendance at Status Conference; set for 11/15/2018 01:15 PM EST by telephone can join via conference call. Signed by Judge Robert L Miller, Jr on 11/9/2018. Associated Cases: 3:12-md-02391-RLM-MGG et al.(lpw) [Transferred from innd on 3/29/2019.]
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Filing 48
ORDER The court GRANTS the parties' joint motion for an extension of time to submit the proposed Remand Group 2 case list (Doc. No. 3723 ) to/including 10/5/2018. Signed by Judge Robert L Miller, Jr on 10/1/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.]
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Filing 43
ORDER By agreement of the parties, the November 8 status conference is RESET for Thursday 11/15/2018 at 1:15 PM (EST) in US District Court - South Bend before Judge Robert L Miller Jr.. Signed by Judge Robert L Miller, Jr on 9/24/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.]
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Filing 42
MEMORANDUM AND ORDER FOR SEPTEMBER 19, 2018 STATUS CONFERENCE Summary of topics discussed and action taken. Next status conference set for November 8, 2018 at 1:15 p.m. (EST).. Signed by Judge Robert L Miller, Jr on 9/21/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.]
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Filing 41
ORDER The court GRANTS the defendants' 3178 Motion to add Attorneys J. Joseph Tanner, Adrienne Franco Busby, Andrew L. Campbell, and Stephanie N. Russo as Co-Liaison Counsel. Signed by Judge Robert L Miller, Jr on 9/19/2018. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.]
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| Filing 40 STATUS CONFERENCE held on 9/19/2018 before Judge Robert L Miller, Jr. Pla appeared by atty N. Ward and B. Fulmer (by phone). Dft appeared by atty E. Hanig, J. Winter, J. LaDue, J. Tanner (in person). The Court hears from parties. Written order to follow. The next Status Conference is set for 11/8/2018 at 1:15 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.] |
| Filing 47 NOTICE of Appearance by Adrienne Franco Busby on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from innd on 3/29/2019.] |
| Filing 46 NOTICE of Appearance by Stephanie N Russo on behalf of Biomet Orthopedics, LLC, Biomet, Inc.(ksc) [Transferred from innd on 3/29/2019.] |
| Filing 45 NOTICE of Appearance by Andrew L Campbell on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from innd on 3/29/2019.] |
| Filing 44 NOTICE of Appearance by J Joseph Tanner on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from innd on 3/29/2019.] |
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Filing 39
ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the status conference on September 19, 2018 at 1:30 p.m. (E.D.T.). Signed by Judge Robert L Miller, Jr on 9/12/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.]
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Filing 38
ORDER OF TRANSFER UNDER 28 U.S.C. 1404(a) AND EXPLANATION TO RECEIVING COURTS Pursuant to the court's prior orders and 28 USC 1404(a), the Clerk of Court is ORDERED TO TRANSFER the cases listed on Exhibit A to the venues agreed upon by the parties and designated in the order. Signed by Judge Robert L Miller, Jr on 9/6/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.]
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| Filing 37 SUGGESTION OF REMAND/EXPLANATION TO TRANSFEROR COURTS Pursuant to 28 USC 1407(a) and Panel Rule 10.1(b), the court suggests that the Judicial Panel on Multidistrict Litigation remand the cases listed in Exhibit A to the districts from which they were transferred. Signed by Judge Robert L Miller, Jr on 9/6/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) (A copy of this Order was emailed to the Judicial Panel on Multidistrict Litigation on 9/6/2018) [Transferred from innd on 3/29/2019.] |
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Filing 36
ORDER VACATING DIRECT FILING PROVISION AND REQUESTING CESSATION OF CONDITIONAL TRANSFERS : Pursuant to the scheduling order issued on 4/23/18 Doc No. 3573 , the provisions in Section III of the 2/15/13 and 3/14/16 Case Mgmt Orders Doc. Nos. 242 and 3096 allowing direct filing in this Court are VACATED effective 9/1/18, and no direct filings will be allowed after that date. Signed by Judge Robert L Miller, Jr on 8/24/18. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from innd on 3/29/2019.]
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Filing 35
ORDER: The parties shall have to and including 8/31/18 to file any objections they may have to: (1) adding 3:13-CV-283, 3:13-CV-1017, 3:14-CV-1264, and 3:14-CV-1271 to the list of cases to be included in Remand Group 1, and (2) transferring all direct-filings to the jurisdictions identified in the proposed list and issuing a suggestion of remand in the cases listed above . Signed by Judge Robert L Miller, Jr on 8/16/18. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from innd on 3/29/2019.]
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Filing 34
ORDER The Defendants' ( 3623 in 3:12-md-02391-RLM-MGG) Consent MOTION to reset Status Conference is GRANTED. The Status Conference is RESET 9/19/2018 at 1:30 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Signed by Judge Robert L Miller, Jr on 7/26/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.]
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| Filing 33 TELEPHONE CONFERENCE held on 7/18/2018 before Judge Robert L Miller, Jr. Pla appeared by atty A. Davis, N. Ward. Dft appeared by atty E. Hanig, J. LaDue, J. Winter. Topics discussed included status of Group 5 and 6 discovery, the proposed pretrial order on remand, upcoming expert video depositions, pro se cases and pending motions. Following discussion, the court directed plaintiff's counsel to file any motion to enforce settlement in Simpson v. Biomet, 3:16cv466, by Aug 9, 2018. Next status conference set for Aug 27, 2018 at 1:30 p.m. (EDT) before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.] |
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Filing 32
Remote Attendance Order for July 18, 2018 Status Conference Call in information for the hearing on 7/18/2018 at 1:30 PM (EDT). Signed by Judge Robert L Miller, Jr on 7/12/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.]
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| Filing 31 NOTICE of Appearance by Michele S Stephan PHV on behalf of Valena Honeycutt (Stephan PHV, Michele) [Transferred from innd on 3/29/2019.] |
| Filing 30 Docket Annotation: The Dismissal Order entered on 5/29/2018 related to only three member cases, but was inadvertently docketed in all pending member cases. To avoid confusion and correct the error, the original entry [Doc. No. 3593 ] was deleted from the master and all member case dockets, and the order was redocketed in 3:12md2391 [Doc. No. 3596 ] and the related member cases (3:13cv1243, 3:14cv1243, and 3:16cv170).Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.] |
| Filing 29 STATUS CONFERENCE held on 5/17/2018 before Judge Robert L Miller, Jr. Pla appeared by atty Brenda Fulmer. Dft appeared by atty John Winter and John LaDue. The Court hears from parties. A Status Conference is set for 7/18/2018 at 1:30 PM (EST) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter J. Hoffman.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.] |
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Filing 28
ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the May 17, 2018 status conference.. Signed by Judge Robert L Miller, Jr on 5/9/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.]
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Filing 27
SCHEDULING ORDER - This order activates Group 6 (Exh. A) for case specific discovery purposes and establishes deadlines for winding up the MDL proceedings. Signed by Judge Robert L Miller, Jr on 4/23/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(ksc) [Transferred from innd on 3/29/2019.]
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Filing 26
ORDER GRANTING 3560 Motion for Extension of Time to File. Parties given to and including April 11, 2018 to file the joint proposed scheduling order. Signed by Judge Robert L Miller, Jr on 4/10/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.]
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Filing 25
ORDER By agreement of the parties, the court established deadlines and a schedule for briefing summary judgment motions in the cases identified in Exhibits A, B, and C to this order. See order for details.. Signed by Judge Robert L Miller, Jr on 3/29/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.]
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Filing 24
ORDER GRANTING IN PART Plaintiffs Steering Committee's request to take video depositions of its generic expert witnesses, and DIRECTING parties to submit proposed agreed scheduling order by April 9, 2018. Signed by Judge Robert L Miller, Jr on 3/26/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.]
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Filing 23
MEMORANDUM AND ORDER FOR MARCH 12, 2018 STATUS CONFERENCE Summary of topics discussed and action taken. Next status conference set for Thursday, May 17, 2018 at 1:00 p.m. (EDT).. Signed by Judge Robert L Miller, Jr on 3/14/2018. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.]
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| Filing 22 STATUS CONFERENCE held on 3/12/2018 before Judge Robert L Miller, Jr. Pla appeared by attys Jasper Ward (in person), Brenda Fulmer and Ahmad Diab (by phone). Dft appeared by attys Erin Hanig, John LaDue, and John Winter (all in person). The Court hears from parties. Status Conference set for 5/17/2018 at 1:00 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Written order to follow.(Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.] |
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Filing 21
OPINION AND ORDER Biomets 3388 motions for summary judgment related to the Taper, ReCap, and metal-on-polyethylene devices is DENIED on the merits; Biomets 3390 motions for summary judgment relating to the state-of-the-art defense is DENIED, without prejudice; If the plaintiffs in White v. Biomet (3:16cv115) and Glynn v. Biomet (3:15cv491) wish to take device-specific expert depositions, they should file a motion to that effect within 14 days from the date of this order, and should indicate in that motion whether local counsel will conduct the deposition, with or without the assistance of the Plaintiffs Steering Committee. The plaintiffs in the Price v. Biomet (3:14cv275) and Gearon v. Biomet (3:14cv2099) shall have 14 days from the date of this order to file a motion to amend the scheduling order to allow device-specific expert depositions or, alternatively, a motion for suggestion of remand. If they elect the later, the Plaintiffs Steering Committee should address the effect, if any, remand would have on the plaintiffs obligations under the December 7,2015 Amended Holdback Order 3022 in its response. Signed by Judge Robert L Miller, Jr on 2/8/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.]
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Filing 20
MEMORANDUM AND ORDER FOR JANUARY 30, 2018 STATUS CONFERENCE Summary of the topics discussed and actions taken. The next Status Conference is set for 3/12/2018 at 1:30 PM (EDT)in US District Court - South Bend before Judge Robert L Miller Jr.. Signed by Judge Robert L Miller, Jr on 2/1/18. (Copy mailed to pro se parties)Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.]
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| Filing 19 TELEPHONIC STATUS CONFERENCE held on 1/30/2018 before Judge Robert L Miller, Jr. Pla appeared by atty Brenda Fulmer (in person), Ahmed Diab and Justin Presnal (by phone). Dft appeared by atty Erin Linder and John LaDue (in person), John Winter (by phone). The next Status Conference is set for 3/12/2018 at 1:30 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Written order to follow.(Court Reporter Debra Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.] |
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Filing 18
Remote Attendance Order for January 30, 2018 Telephonic Status Conference Call-in information for the telephonic status conference on January 30, 2018 at 1:30 pm (EDT).. Signed by Judge Robert L Miller, Jr on 1/25/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.]
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| Filing 17 OPINION AND ORDER DENYING 3381 Executive Committee's motion to exclude opinions and testimony of Biomet's expert Steven R. Schmid; GRANTING IN PART AND DENYING IN PART 3382 the Executive Committee's motion to exclude opinions and testimony of Biomet expert David Schroeder; DENYING 3383 the Executive Committee's motion to exclude opinions and testimony of Biomet's expert Daniel Schultz, M.D.; GRANTING IN PART AND DENYING IN PART 3384 the Executive Committee's motion to exclude opinions and testimony of Biomet's expert Andrew I Spitzer, M.D.; GRANTING IN PART AND DENYING IN PART 3385 the Executive Committee's Motion to exclude opinions and testimony of Biomet's expert Dr. Kenneth St. John; DENYING 3386 Biomet's motion to exclude opinions and testimony of the plaintiffs' expert Mari Truman; GRANTING IN PART AND DENYING IN PART 3399 Biomet's motion to exclude opinions and testimony of the plaintiffs' expert George S Kantor, M.D. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.] |
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Filing 16
ORDER On the court's own motion and without objection, the telephonic status conference originally set for 12/19/2017 is now RESET for Tuesday, 1/30/2018 at 1:30 PM (EST) in US District Court - South Bend before Judge Robert L Miller Jr.. Signed by Judge Robert L Miller, Jr on 12/18/17. (Copy mailed to pro se parties)Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.]
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Filing 15
ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the 12/19/2017 status conference at 1:30 pm (EST). Signed by Judge Robert L Miller, Jr on 12/12/17. (Copy mailed to pro se parties)Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.]
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| Filing 14 TELEPHONIC STATUS CONFERENCE held on 10/26/2017 before Judge Robert L Miller, Jr. Pla appeared by atty B. Fulmer. Dft appeared by atty J. LaDue. The Court hears from the parties. Telephonic Status Conference set for 12/19/2017 at 1:30 PM (EST) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.] |
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Filing 13
ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the Oct. 26, 2017 status conference at 1:30 pm (EDT).. Signed by Judge Robert L Miller, Jr on 10/23/17. (Copy mailed to pro se parties)Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.]
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Filing 12
MEMORANDUM AND ORDER FOR AUGUST 24, 2017 STATUS CONFERENCE Summary of topics discussed and action taken. The next status conference is set for Thursday, October 26, 2017 at 1:30 PM (EDT). Signed by Judge Robert L Miller, Jr on 8/28/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.]
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| Filing 11 ANSWER to #7 Amended Complaint by Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc..(Hanig, Erin) [Transferred from innd on 3/29/2019.] |
| Filing 10 ANSWER to #7 Amended Complaint by Alabama Medical Consultants, Inc., John Cuckler, MD.(Hanig, Erin) [Transferred from innd on 3/29/2019.] |
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Filing 9
ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE : Call-in information for the August 24, 2017 status conference at 1:00 pm (EDT). Signed by Judge Robert L Miller, Jr on 8/18/2017. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from innd on 3/29/2019.]
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| Filing 8 WAIVER OF SERVICE Returned Executed by Valena Honeycutt. All Defendants. (Attachments: #1 Supplement)(Sayeg PHV, Ilyas) [Transferred from innd on 3/29/2019.] |
| Filing 7 AMENDED COMPLAINT against All Defendants, filed by Valena Honeycutt.(Sayeg PHV, Ilyas) [Transferred from innd on 3/29/2019.] |
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Filing 6
MEMORANDUM AND ORDER FOR JULY 13, 2017 STATUS CONFERENCE , Summary of topics discussed and action taken. Parties to submit recommendations regarding procedures for handling new referrals and culminating proceedings by August 17, 2017. Next status conference set for August 24, 2017 at 1:00 p.m. (EDT). Signed by Judge Robert L Miller, Jr on 7/14/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.]
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Filing 5
ORDER: The court affords the plaintiffs 21 days from the date of this order to file an amended complaint properly alleging the existence of diversity jurisdiction 28 U.S.C. 1332. Signed by Judge Robert L Miller, Jr on 7/12/17. (jld) [Transferred from innd on 3/29/2019.]
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Filing 4
ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the July 13, 2017 status conference at 9:30 am (EDT).. Signed by Judge Robert L Miller, Jr on 7/10/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/29/2019.]
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| Filing 3 NOTICE of Appearance by John D LaDue on behalf of Alabama Medical Consultants, Inc., Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc., John Cuckler, MD (LaDue, John) [Transferred from innd on 3/29/2019.] |
| Filing 2 NOTICE of Appearance by Erin Linder Hanig on behalf of Alabama Medical Consultants, Inc., Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc., John Cuckler, MD (Hanig, Erin) [Transferred from innd on 3/29/2019.] |
| Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 receipt number 0755-3290292.), filed by Valena Honeycutt. (Attachments: #1 Civil Cover Sheet)(Sayeg PHV, Ilyas) [Transferred from innd on 3/29/2019.] |
| Judge Robert L Miller, Jr and Magistrate Judge Michael G Gotsch, Sr added. (NEW CASE) (jld) [Transferred from innd on 3/29/2019.] |
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