Mary 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 LLC, formerly known as Biomet Manufacturing Corp. |
21-2964 |
August 31, 2021 |
U.S. Court of Appeals, Eighth Circuit |
Personal Injury-Product Liability |
Docket Report
This docket was last retrieved on January 4, 2023. A more recent docket listing may be available from PACER.
Document Text |
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MANDATE ISSUED. [5232406] [21-2964] (CNL) [Entered: 01/04/2023 08:41 AM] |
OPINION FILED - THE COURT: Lavenski R. Smith, Jane Kelly and L. Steven Grasz AUTHORING JUDGE:Lavenski R. Smith (PUBLISHED) [5227147] [21-2964] (AT) [Entered: 12/14/2022 08:14 AM] |
JUDGMENT FILED - The judgment of the Originating Court is AFFIRMED in accordance with the opinion. LAVENSKI R. SMITH, JANE KELLY and L. STEVEN GRASZ Hrg Sep 2022 [5227158] [21-2964] (AT) [Entered: 12/14/2022 08:27 AM] |
ARGUED & SUBMITTED in St. Louis to Judges Lavenski R. Smith, Jane Kelly (participating via video conference), L. Steven Grasz on 09/21/2022. Mr. Aaron D. Van Oort for Appellants Biomet, Inc., Biomet Orthopedics,LLC, Biomet Manufacturing LLC and Biomet U.S. Reconstruction, LLC. Mr. Joseph Yeckel for Appellees Ms. Mary Bayes and Mr. Philip Bayes. Rebuttal by Mr. Aaron Daniel Van Oort for Biomet, Inc., Biomet Orthopedics,LLC, Biomet Manufacturing LLC and Biomet U.S. Reconstruction, LLC. RECORDED. # Click Here To Listen to Oral Argument [5200715] [21-2964] (MR) [Entered: 09/21/2022 02:49 PM] |
JUDGE ORDER:Granting [ # 5198591-2 ] appellees' motion to split argument time filed by Mr. Michael Gross. Hrg Sep 2022 [5199058] [21-2964] (MR) [Entered: 09/16/2022 11:23 AM] |
MOTION to split argument time, filed by Attorney Mr. Michael Gross for Appellees Ms. Mary Bayes and Mr. Philip Bayes w/service 09/15/2022. [5198591] [21-2964] (MG) [Entered: 09/15/2022 11:09 AM] |
ARGUMENT RESPONSE/APPEARANCE FORM filed by Mr. Darin L. Schanker for Ms. Mary Bayes and Mr. Philip Bayes for argument in September, at the U.S. Courthouse in St. Louis, Missouri. [5196187] [21-2964] (DLS) [Entered: 09/08/2022 11:42 AM] |
ARGUMENT RESPONSE/APPEARANCE FORM filed by Mr. Joseph Yeckel for Ms. Mary Bayes and Mr. Philip Bayes for argument in September, at the U.S. Courthouse in St. Louis, Missouri. [5194948] [21-2964] (JFY) [Entered: 09/06/2022 11:34 AM] |
ARGUMENT RESPONSE/APPEARANCE FORM filed by Mr. Aaron Daniel Van Oort for Biomet Manufacturing LLC, Biomet Orthopedics,LLC, Biomet U.S. Reconstruction, LLC and Biomet, Inc. for argument in September, at the U.S. Courthouse in St. Louis, Missouri. [5191657] [21-2964] (ADV) [Entered: 08/26/2022 09:26 AM] |
SET FOR ARGUMENT - CASE PLACED ON CALENDAR - for Argument in St. Louis on Wednesday, September 21, 2022. To be heard before Judges Lavenski R. Smith, Jane Kelly and L. Steven Grasz in Division I. The courtroom deputy will be Melissa Rudolph. All attorneys presenting oral argument must complete a Response Form. # Click Here to Complete the Oral Argument Response Form . # Click Here for the Complete Calendar PLEASE REVIEW THE ENTIRE CALENDAR CAREFULLY, PARTICULARLY THE COUNSEL NOTICE PAGE. If you are appointed counsel under the Criminal Justice Act and require airline transportation to oral argument, the court will issue a travel authorization the next business day. Information regarding COVID protocols will be furnished at a later date. [5189325] [21-2964] (MR) [Entered: 08/19/2022 02:28 PM] |
CORRECTED/INITIAL certificate of service for Court Record, Doc No. [ # 5153839-2 ], Paper Brief, Doc No. [ # 5153836-2 ], filed by Appellants Biomet, Inc., Biomet U.S. Reconstruction, LLC, Biomet Orthopedics,LLC and Biomet Manufacturing LLC [5154320] [21-2964] (BGJ) [Entered: 05/04/2022 04:08 PM] |
Paper copies Reply brief, [ # 5152231-2 ] filed by Biomet Manufacturing LLC, Biomet Orthopedics,LLC, Biomet U.S. Reconstruction, LLC and Biomet, Inc. 10 paper copies received. Paper brief deficiency due 05/09/2022--SEE ATTACHED NOTICE. [5153836] [21-2964] (AMT) [Entered: 05/04/2022 07:54 AM] |
RECORD FILED - APPELLANTS' SUPPLEMENTAL APNDX, 1 volumes, Comments: 3 Copies of Appellants' Supplemental Appendix Record Deficiency due on 05/09/2022--SEE ATTACHED NOTICE. [5153839] [21-2964] (AMT) [Entered: 05/04/2022 08:00 AM] |
BRIEF FILED - APPELLANT REPLY BRIEF filed by Biomet Manufacturing LLC, Biomet Orthopedics,LLC, Biomet U.S. Reconstruction, LLC and Biomet, Inc.. w/service 04/29/2022 , Length: 6,275 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Biomet Manufacturing LLC, Biomet Orthopedics,LLC, Biomet U.S. Reconstruction, LLC and Biomet, Inc. due 05/04/2022 WITH certificate of service for paper briefs [5152231] [21-2964] (AMT) [Entered: 04/29/2022 10:34 AM] |
REPLY brief of Biomet, Inc., Biomet Orthopedics,LLC, Biomet Manufacturing LLC and Biomet U.S. Reconstruction, LLC submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5152006] [21-2964] (BGJ) [Entered: 04/28/2022 03:03 PM] |
LETTER from Appellees Ms. Mary Bayes and Mr. Philip Bayes regarding availability for oral argument. w/service 04/10/2022 [5145819] [21-2964] (DLS) [Entered: 04/10/2022 03:05 PM] |
LETTER from Appellants Biomet Manufacturing LLC, Biomet Orthopedics,LLC, Biomet U.S. Reconstruction, LLC and Biomet, Inc. regarding availability for oral argument. w/service 03/31/2022 [5142560] [21-2964] (ADV) [Entered: 03/31/2022 01:03 PM] |
Please note that this case has been screened for oral argument. The exact date of your oral argument has not been determined at this time. You will be receiving a calendar approximately 4 weeks before the scheduled argument date. Please review the current and future argument dates immediately to determine if you have any conflicts. # Click Here to View Published Argument Calendars and Future Court Session Dates and Locations If you do have conflicts with any of the argument dates, please inform this court by sending a letter using the ECF docketing event 'Correspondence to Court', 'Letter filed' 'regarding availability for oral argument'. Your compliance with this policy will minimize the need for motions to continue or reschedule oral argument. The court also encourages you to notify the clerk if conflicts with these dates develop in the future. The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. [5141869] [21-2964] (JMM) [Entered: 03/30/2022 10:41 AM] |
CLERK ORDER: Granting [ # 5141134-2 ] motion for extension of time to file brief filed by Mr. Bruce Gregory Jones. Reply brief of Biomet Manufacturing LLC, Biomet Orthopedics,LLC, Biomet U.S. Reconstruction, LLC and Biomet, Inc. due 04/28/2022 [5141218] [21-2964] (CNL) [Entered: 03/29/2022 08:29 AM] |
MOTION for extension of time to file brief until 04/28/2022, filed by Attorney Mr. Bruce Gregory Jones for Appellants Biomet Manufacturing LLC, Biomet Orthopedics,LLC, Biomet U.S. Reconstruction, LLC and Biomet, Inc. w/service 03/28/2022. [5141134] [21-2964] (SAK) [Entered: 03/28/2022 05:15 PM] |
Paper copies Appellee/Respondent brief, [ # 5137575-2 ] filed by Ms. Mary Bayes and Mr. Philip Bayes 10 paper copies received. [5139234] [21-2964] (AMT) [Entered: 03/22/2022 01:20 PM] |
RECORD FILED - APLEE/RES APPENDIX, 2 volumes, Comments: 3 Sets of Appellees' Separate Appendix [5139236] [21-2964] (AMT) [Entered: 03/22/2022 01:23 PM] |
BRIEF FILED - APPELLEE BRIEF filed by Ms. Mary Bayes and Mr. Philip Bayes, w/service 03/17/2022 , Length: 12,997 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Mary Bayes and Philip Bayes due 03/22/2022 WITH certificate of service for paper briefs. Reply brief of Biomet Manufacturing LLC, Biomet Orthopedics,LLC, Biomet U.S. Reconstruction, LLC and Biomet, Inc. due on 04/07/2022. [5137575] [21-2964] (AMT) [Entered: 03/17/2022 08:32 AM] |
Brief deficiency notice sent to counsel, Attorney Mr. Darin L. Schanker for Appellees Ms. Mary Bayes and Mr. Philip Bayes. [5137405] [21-2964] (AMT) [Entered: 03/16/2022 03:19 PM] |
APPELLEE brief of Ms. Mary Bayes and Mr. Philip Bayes submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5137520] [21-2964] (DLS) [Entered: 03/16/2022 05:30 PM] |
APPELLEE brief of Ms. Mary Bayes and Mr. Philip Bayes submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5136913] [21-2964] (DLS) [Entered: 03/15/2022 06:20 PM] |
CLERK ORDER: Granting [ # 5134603-2 ] motion for extension of time to file brief filed by Mr. Michael Gross. Brief of Mary Bayes and Philip Bayes due 03/15/2022. [5134649] [21-2964] (CNL) [Entered: 03/09/2022 11:14 AM] |
MOTION for extension of time to file brief until 03/15/2022, filed by Attorney Mr. Michael Gross for Appellees Ms. Mary Bayes and Mr. Philip Bayes w/service 03/09/2022. [5134603] [21-2964] (MG) [Entered: 03/09/2022 10:22 AM] |
APPEARANCE filed by Michael Gross for Appellees Ms. Mary Bayes and Mr. Philip Bayes w/service 03/01/2022 [5131345] [21-2964] (MG) [Entered: 03/01/2022 07:29 AM] |
MOTION for extension of time to file brief until 03/11/2022, filed by Attorney Mr. Michael Gross for Appellees Ms. Mary Bayes and Mr. Philip Bayes w/service 03/01/2022. [5131434] [21-2964] (MG) [Entered: 03/01/2022 09:29 AM] |
CLERK ORDER:Granting [ # 5131434-2 ] motion for extension of time to file brief filed by Mr. Michael Gross. Brief of Mary Bayes and Philip Bayes due 03/11/2022. [5131656] [21-2964] (CNL) [Entered: 03/01/2022 12:59 PM] |
APPEARANCE filed by Joseph F. Yeckel for Appellees Ms. Mary Bayes and Mr. Philip Bayes w/service 03/01/2022 [5131680] [21-2964] (JY) [Entered: 03/01/2022 01:25 PM] |
JUDGE ORDER: Appellees' motion for leave to file an overlength brief of 15,000 words has been considered and is denied. [ # 5129123-2 ] [5130205] [21-2964] (CNL) [Entered: 02/24/2022 09:33 AM] |
CLERK ORDER:Granting [ # 5129122-2 ] motion for extension of time to file brief filed by Ms. Melanie R. Sulkin. Brief of Mary Bayes and Philip Bayes due 03/04/2022. [5129739] [21-2964] (CNL) [Entered: 02/23/2022 09:30 AM] |
MOTION to file an overlength brief, filed by Attorney Ms. Melanie R. Sulkin for Appellees Ms. Mary Bayes and Mr. Philip Bayes w/service 02/18/2022. [5129123] [21-2964] (MRS) [Entered: 02/18/2022 07:40 PM] |
MOTION for extension of time to file brief until 03/04/2022, filed by Attorney Ms. Melanie R. Sulkin for Appellees Ms. Mary Bayes and Mr. Philip Bayes w/service 02/18/2022. [5129122] [21-2964] (MRS) [Entered: 02/18/2022 07:35 PM] |
CLERK ORDER:Granting [ # 5105959-3 ] motion for extension of time to file brief filed by Ms. Melanie R. Sulkin. Brief of Mary Bayes and Philip Bayes due 02/25/2022. [5106150] [21-2964] (ALK) [Entered: 12/09/2021 08:48 AM] |
MOTION for extension of time to file brief until 02/25/2022, filed by Attorney Ms. Melanie R. Sulkin for Appellees Ms. Mary Bayes and Mr. Philip Bayes w/service 12/08/2021. [5105959] [21-2964]--[Edited 12/08/2021 by ALK to correct requested relief from extension of time to file response to extension of time to file brief.] (MRS) [Entered: 12/08/2021 02:29 PM] |
RECORD FILED - APLNT/PET APPENDIX, 3 volumes, Comments: 3 copies of 3 volumes each. [5103514] [21-2964] (NDG) [Entered: 12/01/2021 02:03 PM] |
Paper copies Appellant/Petitioner Brief, [ # 5101794-2 ] filed by Biomet Manufacturing LLC, Biomet Orthopedics,LLC, Biomet U.S. Reconstruction, LLC and Biomet, Inc. 10 paper copies received. [5102913] [21-2964] (AMT) [Entered: 11/30/2021 02:25 PM] |
Paper copies [ # 5100530-2 ], Appellant Addendum filed by Biomet Manufacturing LLC, Biomet Orthopedics,LLC, Biomet U.S. Reconstruction, LLC and Biomet, Inc. 10 paper copies received. [5102915] [21-2964] (AMT) [Entered: 11/30/2021 02:26 PM] |
BRIEF FILED - APPELLANT BRIEF filed by Biomet Manufacturing LLC, Biomet Orthopedics,LLC, Biomet U.S. Reconstruction, LLC and Biomet, Inc. w/service 11/24/2021. Length: 9,182 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM appellants due 11/29/2021 WITH certificate of service for paper briefs. Brief of Mary Bayes and Philip Bayes due on 12/27/2021. [5101794] [21-2964] (ALK) [Entered: 11/24/2021 03:02 PM] |
APPELLANT brief of Biomet Manufacturing LLC, Biomet Orthopedics,LLC, Biomet U.S. Reconstruction, LLC and Biomet, Inc. submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5101272] [21-2964] DOCUMENT REPLACED TO INCLUDE CERT OF COMPLIANCE--NDA RESENT--[Edited 11/24/2021 by AMT] (ADV) [Entered: 11/23/2021 05:12 PM] |
Brief deficiency notice sent to counsel, Attorney Mr. Aaron Daniel Van Oort, for Appellants Biomet, Inc., Biomet Orthopedics,LLC, Biomet Manufacturing LLC and Biomet U.S. Reconstruction, LLC. [5100520] [21-2964] (ALK) [Entered: 11/22/2021 02:36 PM] |
ADDENDUM of APPELLANT FILED by Appellants Biomet Manufacturing LLC, Biomet Orthopedics,LLC, Biomet U.S. Reconstruction, LLC and Biomet, Inc. w/service 11/22/2021. [5100530] [21-2964] (ALK) [Entered: 11/22/2021 02:48 PM] |
APPELLANT brief of Biomet Manufacturing LLC, Biomet Orthopedics,LLC, Biomet U.S. Reconstruction, LLC and Biomet, Inc. submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5099885] [21-2964] (ADV) [Entered: 11/19/2021 05:44 PM] |
Addendum of APPELLANT submitted for review by Biomet Manufacturing LLC, Biomet Orthopedics,LLC, Biomet U.S. Reconstruction, LLC and Biomet, Inc.. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5099886] [21-2964] (ADV) [Entered: 11/19/2021 05:47 PM] |
CERTIFICATE OF COMPLIANCE filed by Attorney Mr. Bruce Gregory Jones for Appellants Biomet Manufacturing LLC, Biomet Orthopedics,LLC, Biomet U.S. Reconstruction, LLC and Biomet, Inc. correcting [ # 5084744-2 ] motion for extension of time to file brief filed by Attorney. [5084930] [21-2964] (BGJ) [Entered: 10/07/2021 11:29 AM] |
On December 1, 2016, the Federal Rules of Appellate Procedure were amended to require a certificate of compliance for motions filed under Rule 27, certifying that the document complies with the type-volume limitations and stating the number of words in the document. Your recently filed motion did not contain this certificate of compliance. No action will be taken on your motion for extension of time to file brief, [ # 5084744-2 ], submitted by Mr. Bruce Gregory Jones in 21-2964 , pending the filing of a certificate of compliance using the 'Certificate of Compliance' event. Please do not refile your motion. [21-2964] (ALK) [Entered: 10/07/2021 09:06 AM] |
CLERK ORDER:Granting [ # 5084744-2 ] motion for extension of time to file brief filed by Mr. Bruce Gregory Jones. Brief of Biomet Manufacturing LLC, Biomet Orthopedics,LLC, Biomet U.S. Reconstruction, LLC and Biomet, Inc. due 11/19/2021. Appendix due on 11/19/2021. [5084949] [21-2964] (ALK) [Entered: 10/07/2021 11:45 AM] |
Declaration in Support of motion for extension of time to file brief from Appellants Biomet, Inc., Biomet U.S. Reconstruction,LLC, Biomet Orthopedics,LLC and Biomet Manufacturing LLC w/service 10/06/2021. [5084764] [21-2964]--[Edited 10/07/2021 by ALK to specify document type in docket text.] (BGJ) [Entered: 10/06/2021 04:45 PM] |
MOTION for extension of time to file brief until 11/19/2021, filed by Attorney Mr. Bruce Gregory Jones for Appellants Biomet Manufacturing LLC, Biomet Orthopedics,LLC, Biomet U.S. Reconstruction, LLC and Biomet, Inc. w/service 10/06/2021. [5084744] [21-2964] (BGJ) [Entered: 10/06/2021 04:27 PM] |
STATEMENT of issues filed by Appellants Biomet Manufacturing LLC, Biomet Orthopedics,LLC, Biomet, Inc. and Biomet U.S. Reconstruction, LLC - w/service 09/15/2021. [5076809] [21-2964] (ADV) [Entered: 09/15/2021 11:19 AM] |
Certificate of transcript filed by Appellants Biomet Manufacturing LLC, Biomet Orthopedics,LLC, Biomet U.S. Reconstruction, LLC and Biomet, Inc.. No Transcript[5076415] [21-2964] (BGJ) [Entered: 09/14/2021 02:25 PM] |
LETTER from Appellants Biomet Manufacturing LLC, Biomet Orthopedics,LLC, Biomet U.S. Reconstruction, LLC and Biomet, Inc. regarding Advising the Court that Biomet, et al. has decided to prepare and file a separate appendix with their brief.. w/service 09/14/2021 [5076421] [21-2964] (BGJ) [Entered: 09/14/2021 02:29 PM] |
APPEARANCE filed by Melanie Sulkin for Appellees Ms. Mary Bayes and Mr. Philip Bayes w/service 09/10/2021 [5075318] [21-2964] (MRS) [Entered: 09/10/2021 04:41 PM] |
APPEARANCE filed by John Christopher Elliott for Appellees Ms. Mary Bayes and Mr. Philip Bayes w/service 09/10/2021 [5075323] [21-2964] (JCE) [Entered: 09/10/2021 05:00 PM] |
APPEARANCE filed by Darin Schanker for Appellees Ms. Mary Bayes and Mr. Philip Bayes w/service 09/10/2021 [5075324] [21-2964] (DLS) [Entered: 09/10/2021 05:02 PM] |
APPEARANCE filed by Troy A. Bozarth for Appellants Biomet Manufacturing LLC, Biomet Orthopedics,LLC, Biomet U.S. Reconstruction, LLC and Biomet, Inc. w/service 09/09/2021 [5074469] [21-2964] (TB) [Entered: 09/09/2021 11:53 AM] |
CORPORATE disclosure statement filed by Appellants Biomet Manufacturing LLC, Biomet Orthopedics,LLC, Biomet U.S. Reconstruction, LLC and Biomet, Inc.. - FOR CAL [5074210] [21-2964] (ADV) [Entered: 09/08/2021 03:36 PM] |
APPEARANCE filed by Stephanie A. Koltookian for Appellants Biomet Manufacturing LLC, Biomet Orthopedics,LLC, Biomet U.S. Reconstruction, LLC and Biomet, Inc. w/service 09/07/2021 [5073637] [21-2964] (SAK) [Entered: 09/07/2021 02:53 PM] |
APPEARANCE filed by Bruce Jones for Appellants Biomet Manufacturing LLC, Biomet Orthopedics,LLC, Biomet U.S. Reconstruction, LLC and Biomet, Inc. w/service 09/07/2021 [5073640] [21-2964] (BGJ) [Entered: 09/07/2021 02:57 PM] |
APPEARANCE filed by Aaron Van Oort for Appellants Biomet Manufacturing LLC, Biomet Orthopedics,LLC, Biomet U.S. Reconstruction, LLC and Biomet, Inc. w/service 09/07/2021 [5073653] [21-2964] (ADV) [Entered: 09/07/2021 03:07 PM] |
APPEARANCE filed by John P. Mandler for Appellants Biomet Manufacturing LLC, Biomet Orthopedics,LLC, Biomet U.S. Reconstruction, LLC and Biomet, Inc. w/service 09/07/2021 [5073645] [21-2964] (JPM) [Entered: 09/07/2021 03:01 PM] |
Originating court document filed consisting of notice of appeal, docket entries, Judgment 11/24/2020, Memorandum and Order 08/02/2021, Memorandum and Order 08/02/2021, Memorandum and Order 08/02/2021,and Memorandum and Order 08/02/2021. [5071595] [21-2964] (CJO) [Entered: 08/31/2021 04:05 PM] |
Civil case docketed. [5071583] [21-2964] (CJO) [Entered: 08/31/2021 03:57 PM] |
BRIEFING SCHEDULE SET AS FOLLOWS: Transcript due on or before 10/12/2021. Appendix due 10/20/2021. BRIEF APPELLANT, Biomet Manufacturing LLC, Biomet Orthopedics,LLC, Biomet U.S. Reconstruction, LLC and Biomet, Inc. due 10/20/2021. Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [5071602] [21-2964] (CJO) [Entered: 08/31/2021 04:08 PM] |
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