Melnic v. Biomet Inc. et al
Plaintiff: Ursula Melnic
Defendant: Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet Manufacturing Corp and Biomet Inc
Case Number: 1:2020cv03364
Filed: November 12, 2020
Court: US District Court for the District of Colorado
Presiding Judge: Philip A Brimmer
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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This docket was last retrieved on January 6, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 6, 2021 Filing 95 NOTICE of Entry of Appearance by Mary Elizabeth Hershewe on behalf of All Defendants Attorney Mary Elizabeth Hershewe added to party Biomet Inc(pty:dft), Attorney Mary Elizabeth Hershewe added to party Biomet Manufacturing Corp(pty:dft), Attorney Mary Elizabeth Hershewe added to party Biomet Orthopedics, LLC(pty:dft), Attorney Mary Elizabeth Hershewe added to party Biomet U.S. Reconstruction, LLC(pty:dft) (Hershewe, Mary)
January 6, 2021 Filing 94 NOTICE of Entry of Appearance by Hannah Caroline Carter on behalf of All Defendants Attorney Hannah Caroline Carter added to party Biomet Inc(pty:dft), Attorney Hannah Caroline Carter added to party Biomet Manufacturing Corp(pty:dft), Attorney Hannah Caroline Carter added to party Biomet Orthopedics, LLC(pty:dft), Attorney Hannah Caroline Carter added to party Biomet U.S. Reconstruction, LLC(pty:dft) (Carter, Hannah)
January 6, 2021 Filing 93 NOTICE of Entry of Appearance by Heather C. Perkins on behalf of Biomet Inc, Biomet Manufacturing Corp, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLCAttorney Heather C. Perkins added to party Biomet Inc(pty:dft), Attorney Heather C. Perkins added to party Biomet Manufacturing Corp(pty:dft), Attorney Heather C. Perkins added to party Biomet Orthopedics, LLC(pty:dft), Attorney Heather C. Perkins added to party Biomet U.S. Reconstruction, LLC(pty:dft) (Perkins, Heather)
December 23, 2020 Filing 92 RESPONSE TO ORDER TO SHOW CAUSE re #90 by Plaintiff Ursula Melnic. (Attachments: #1 Exhibit 1 - Biomet Orthopedics, LLC Filing History, #2 Exhibit 2 - Biomet U.S. Reconstruction, LLC Filing History, #3 Exhibit 3 - Zimmer US, Inc. Filing History, #4 Exhibit 4 - Biomet, Inc., #5 Exhibit 5 - 1999 Biomet Manufacturing, Inc. Certificate of Incorporation, #6 Exhibit 6 - Biomet Manufacturing Corp Articles of Conversion, #7 Exhibit 7 - Biomet Manufacturing, LLC)(McLaughlin, George)
December 22, 2020 Filing 91 Second MOTION to Amend/Correct/Modify File Amended Complaint by Plaintiff Ursula Melnic. (Attachments: #1 Exhibit 1-Proposed Amended Complaint, #2 Exhibit 2-PFS, #3 Exhibit 3-Amended PFS, #4 Exhibit 4-Defendants' Fact Sheet, #5 Exhibit 5-Plaintiff's Depo, #6 Exhibit 6- Wiener, M.D. Depo, #7 Proposed Order (PDF Only))(McLaughlin, George)
December 14, 2020 Opinion or Order Filing 90 SECOND ORDER TO SHOW CAUSE by Chief Judge Philip A. Brimmer on 12/14/2020, re: #88 plaintiff's Motion for Leave to File Amended Complaint is DENIED without prejudice. ORDERED that, on or before December 23, 2020, plaintiff shall show cause as to why this case should not be dismissed due to the Court's lack of subject matter jurisdiction. (sphil, )
November 25, 2020 Filing 89 BRIEF in Support of #88 MOTION to Amend/Correct/Modify #86 Order to Show Cause, filed by Plaintiff Ursula Melnic. (McLaughlin, George)
November 25, 2020 Filing 88 MOTION to Amend/Correct/Modify #86 Order to Show Cause, by Plaintiff Ursula Melnic. (Attachments: #1 Exhibit [Proposed] Amended Complaint and Jury Demand, #2 Proposed Order (PDF Only))(McLaughlin, George)
November 17, 2020 Filing 87 NOTICE of CERTIFIED< Copies re #80 Transfer Order, #81 Case Transferred In - from the Northern District of Indiana (Attachments: #1 Docket Sheet Certified with Bookmarks, #2 Docket Sheet Certified)(evana, )
November 16, 2020 Opinion or Order Filing 86 ORDER TO SHOW CAUSE by Chief Judge Philip A. Brimmer on 11/16/2020. ORDERED that, on or before November 30, 2020, plaintiff shall show cause as to why this case should not be dismissed due to the Courts lack of subject matter jurisdiction. (sphil, )
November 12, 2020 Filing 85 NOTICE of Entry of Appearance by George E. McLaughlin on behalf of Ursula MelnicAttorney George E. McLaughlin added to party Ursula Melnic(pty:pla) (McLaughlin, George)
November 12, 2020 Filing 84 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (cpomm, )
November 12, 2020 Filing 83 Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge S. Kato Crews. Text Only Entry (cpomm, )
November 12, 2020 Filing 82 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (cpomm, )
November 12, 2020 Filing 81 Case transferred in from District of Indiana Northern; Case Number 3:18-cv-00021. File, transfer order and docket sheet received
November 10, 2020 Opinion or Order Filing 80 TRANSFER ORDER AND EXPLANATION TO RECEIVING COURTS transferring case to the District of Colorado, Denver Division. Signed by Judge Robert L Miller, Jr on 11/10/20. (jld) [Transferred from Indiana Northern on 11/12/2020.]
October 27, 2020 Filing 79 NOTICE by Biomet Inc, Biomet Manufacturing Corp, Biomet Orthopedics LLC, Biomet US Reconstruction LLC of Amended Joint Case Management Plan (Hanig, Erin) [Transferred from Indiana Northern on 11/12/2020.]
October 14, 2020 Filing 78 RESPONSE to Motion re (3860 in 3:12-md-02391-RLM-MGG) MOTION for Sanctions based on Navan Ward's Violation of the Court's August 10, 2020 Order and 28 U.S.C. 1927 filed by Navan Ward, Jr. (Attachments: #1 Exhibit A - Email dated 10-9-20 re Meet & Confer confirmation of resolution of discovery issues in Hix, #2 Exhibit B - Email dated 1-10-20 re Parties's Discovery Sharing Agreement, #3 Exhibit C - Hix Rule 26(f) Report, #4 Exhibit D - Hardison Notice of Filing GA 9-25-20, #5 Exhibit E - Hix Notice of Filing 9-25-20, #6 Exhibit F - Email dated re 9-23-20 Biomet requesting withdrawal of discovery, #7 Exhibit G - Email dated re 9-23-20 Biomet identifying common issue discovery, #8 Exhibit H - Email dated 10-8-20 re Plaintiffs' follow-up re parties' conferral call, #9 Exhibit I - Email dated 10-5-20 re Biomet's request for conference, #10 Exhibit J - Transcript of 10-6-20 Hearing re Hardison, #11 Exhibit K - Transcript of 3-6-20 Hearing re Hardison, #12 Exhibit L - Email dated 4-1-20 & Draft Joint Rule 26(f) Report)Associated Cases: 3:12-md-02391-RLM-MGG et al.(Ward PHV, Navan) [Transferred from Indiana Northern on 11/12/2020.]
October 6, 2020 Opinion or Order Filing 77 ORDER This case is set for a telephonic status conference and hearing on Biomet's [Doc. No 3860 ] motion for sanctions on 11/19/2020 at 9:00 a.m. in US District Court - South Bend before Judge Robert L Miller Jr. Any response to Biomet's motion should be filed by October 14 and any reply due by October 21, 2020. Parties are directed to confer and file a proposed schedule for disposition of all remaining issues by 11/6/2020 as set forth in the order. Signed by Judge Robert L Miller, Jr on 10/6/20. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 11/12/2020.]
October 6, 2020 Opinion or Order Filing 76 ORDER The court affords the parties an additional 21 days, to and including 10/27/2020, to file an amended case management plan identifying with specificity what motions, if any, they anticipate filing in the trial court. Signed by Judge Robert L Miller, Jr on 10/6/20. (jld) [Transferred from Indiana Northern on 11/12/2020.]
September 2, 2020 Filing 75 NOTICE by Biomet Inc, Biomet Manufacturing Corp, Biomet Orthopedics LLC, Biomet US Reconstruction LLC of Joint Case Management Plan (Hanig, Erin) [Transferred from Indiana Northern on 11/12/2020.]
August 10, 2020 Opinion or Order Filing 74 ORDER (1) Biomets amended motion for protective order [Doc. No. 3846 ] is DENIED; (2) Biomet is GIVEN 14 days from the date of this order to comply with the March 12, 2020 order [Doc. No. 3833 ]; (3) Plaintiffs Lead Counsel, Navan Ward, is ORDERED to file a copy of this order and the March 12, 2020 order [Doc. No. 3833 ] in Hardison v. Biomet Inc., Case No. 5:19cv-69 (M.D. Ga.) and Hix v. Biomet, Inc., 3:18cv437-RCJ-WGC (D. Nv.), and to file a certificate of compliance in this court; and (4) The parties are ORDERED to submit their case management plans for the two remaining cases in Discovery Group 8B by August 28, 2020. Signed by Judge Robert L Miller, Jr on 8/10/20. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 11/12/2020.]
May 12, 2020 Opinion or Order Filing 73 ORDER DENYING AS MOOT 3845 Motion for Protective Order in case 3:12-md-02391-RLM-MGG. Signed by Judge Robert L Miller, Jr on 5/12/20. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) Modified on 5/13/2020 (jld). [Transferred from Indiana Northern on 11/12/2020.]
May 7, 2020 Opinion or Order Filing 72 ORDER granting Motion for Extension of Time to File Response to the amended motion for protective order [filed as DE 3847 in 3:12md2391]; Response to be filed by 5/18/2020. Text-only order by Judge Robert L Miller, Jr on 5/7/20. (jld) Modified on 5/12/2020 to clarify which document to be responded to (jld). [Transferred from Indiana Northern on 11/12/2020.]
May 6, 2020 Filing 71 MOTION for Extension of Time to File Response/Reply to Biomet's Amended Motion for Protective Order (Unopposed) by Plaintiffs Plaintiffs' Executive Committee, Plaintiffs' Lead Co-Counsel, Plaintiffs' Liaison Counsel. (Attachments: #1 Proposed Order)Associated Cases: 3:12-md-02391-RLM-MGG et al.(Ward PHV, Navan) [Transferred from Indiana Northern on 11/12/2020.]
March 27, 2020 Opinion or Order Filing 70 ORDER By agreement of the parties, Sections I and IV of the December 7, 2015 Amended Holdback Order [Doc. NO. 3022 ] are amended by interlineation to address cases in which plaintiff's counsel has waived his or her attorneys' fees and costs. Signed by Judge Robert L Miller, Jr on 3/27/20. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 11/12/2020.]
March 19, 2020 Opinion or Order Filing 69 ORDER: In response to the recent outbreak of COVID-19, the courthouses in the Northern District of Indiana have been closed to the public until further notice. To limit the risk of spreading the virus, civil proceedings are being conducted by telephone or video-conferencing, if necessary, or continued to a date after May 1, 2020. See General Orders 2020-05 and 2020-06. When the courthouses reopen, the court will contact lead counsel and select a date and time for the next status conference. Signed by Judge Robert L Miller, Jr on 3/19/2020. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 11/12/2020.]
March 12, 2020 Opinion or Order Filing 68 MEMORANDUM AND ORDER Memorandum regarding additional discovery and management of remaining cases. Signed by Judge Robert L Miller, Jr on 3/12/20. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 11/12/2020.]
March 9, 2020 Filing 67 STATUS CONFERENCE held on 3/9/2020 before Judge Robert L Miller, Jr. Pla appeared by atty B. Fulmer, N. Ward, M. Kranz, and B. Franciskato in person; J. Saunders, P. Shaw, T. Rockstad, and C. Shakib by phone. Dft appeared by atty J. Winter, E. Hanig, J. Tanner, and T. Griffin in person. The court hears from the parties. Written order to follow. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 11/12/2020.]
March 6, 2020 Filing 66 RESPONSE by Brian S Franciskato to (3824 in 3:12-md-02391-RLM-MGG) Response/Reply,,,, . Associated Cases: 3:12-md-02391-RLM-MGG et al.(Franciskato PHV, Brian) [Transferred from Indiana Northern on 11/12/2020.]
March 5, 2020 Opinion or Order Filing 65 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the status conference on March 9, 2020 at 1:00 p.m. (EDT). Signed by Judge Robert L Miller, Jr on 3/5/20. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 11/12/2020.]
March 3, 2020 Filing 64 NOTICE of Appearance by Teresa A Griffin on behalf of Biomet Inc, Biomet Manufacturing Corp, Biomet Orthopedics LLC, Biomet US Reconstruction LLC, Biomet Orthopedics, LLC, Biomet US Reconstruction, LLC, Biomet, Inc., Biomet Manufacturing, Inc., Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc., Biomet U.S. Reconstruction LLC, Biomet Orthopedics Inc, Biomet Manufacturing, LLC, John Cuckler, MD, Zimmer Biomet Holdings, Inc., Biomet Fair Lawn LLC, Biomet LLC, Biomet Manufacturing LLC, Biomet US Reconstruction LLC, Biomet U.S. Reconstruction, LLC, Biomet US Reconstruction LLC, Biomet, Inc, Biomet Manufacturing LLC, Zimmer Biomet Holdings Inc, Alabama Medical Consultants, Inc., Biomet US Reconstruction LLC, Zimmer US Inc, Biomet Manufacturing Inc, Biomet U.S. Reconstruction LLC Associated Cases: 3:12-md-02391-RLM-MGG et al.(Griffin, Teresa) [Transferred from Indiana Northern on 11/12/2020.]
March 3, 2020 Opinion or Order Filing 63 ORDER granting #62 Motion to Withdraw as Attorney. Attorney Thomas R Leemon PHV terminated on behalf of Plaintiff. Signed by Judge Robert L Miller, Jr on 3/3/20. (jld) [Transferred from Indiana Northern on 11/12/2020.]
February 26, 2020 Filing 62 MOTION to Withdraw as Attorney by Plaintiff Ursula Melnic. (Leemon PHV, Thomas) [Transferred from Indiana Northern on 11/12/2020.]
February 7, 2020 Opinion or Order Filing 61 ORDER The March 9, 2020 scheduling conference is converted from a telephonic to an in person hearing. Biomet to file a list of all federal post-remand/transfer cases in which non-case-specific discovery has been allowed over Biomet's opposition and a list of any pending member cases that the court would have jurisdiction to try by February 28, 2020. Signed by Judge Robert L Miller, Jr on 2/7/20. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 11/12/2020.]
January 24, 2020 Filing 60 NOTICE OF HEARING Telephonic Status Conference is RESET for 3/9/2020 at 1:00 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr.. This is a text only entry.Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 11/12/2020.]
January 21, 2020 Opinion or Order Filing 59 ORDER : On the court's own motion, the telephonic status conference on January 22, 2020 is VACATED and will be reset by separate order. Text-only order by Judge Robert L Miller, Jr on 1/21/2020. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 11/12/2020.]
January 16, 2020 Opinion or Order Filing 58 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the telephonic status conference on January 22, 2020 at 1:00 p.m. (EST). Signed by Judge Robert L Miller, Jr on 1/16/20. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 11/12/2020.]
January 14, 2020 Opinion or Order Filing 57 SHOW CAUSE ORDER The plaintiffs listed on Exhibit A shall have until 2/3/2020 to show cause, if any, why their individual case should not be dismissed without prejudice pursuant to Fed.R.Civ.P. 41(b). Signed by Judge Robert L Miller, Jr on 1/14/20. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 11/12/2020.]
November 12, 2019 Filing 56 TELEPHONIC STATUS CONFERENCE held on 11/12/2019 before Judge Robert L Miller, Jr. Pla appeared by atty B. Fulmer and A. Diab. Dft appeared by atty J. Winter and E. Hanig. The Court hears from parties. The next Telephonic Status Conference is set for 1/22/2020 at 1:00 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 Indiana Northern on 11/12/2020.]
November 8, 2019 Opinion or Order Filing 55 ORDER CONCERNING NOVEMBER 12, 2019 TELEPHONIC STATUS CONFERENCE : This matter is set for a telephonic status conference on November 12, 2019 at 1:00 p.m. (EST). The conference number is 720-903-7875, and the conference code is 3131-532#. Please call the line fifteen (15) minutes before the call begins, and identify everyone on the call to the operator. No recording of the status conferences is allowed. Attendees have no speaking parts unless authorized in advance by the court. Signed by Judge Robert L Miller, Jr on 11/8/19. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 11/12/2020.]
November 7, 2019 Filing 54 NOTICE: The November 12, 2019 status conference will be conducted by telephone. Plaintiffs' Lead Counsel to make arrangements for the call. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 11/12/2020.]
September 24, 2019 NOTICE: On the court's own motion, Status Conference set for 10/7/19 is RESET to 11/12/2019 01:00 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 11/12/2020.]
August 8, 2019 Filing 53 STATUS CONFERENCE held on 8/8/2019 before Judge Robert L Miller, Jr. Pla appeared by atty Navan Ward. Dft appeared by attys John Winter and Erin Hanig. Topics discussed included the status of discovery in Groups 8A and 8B, remand and transfer of Group 7 cases, and disposition of settled cases. Next status conference set for Monday, October 7, 2019 at 1:00 p.m. (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 Indiana Northern on 11/12/2020.]
August 7, 2019 Opinion or Order Filing 52 OPINION AND ORDER : Plaintiffs Executive Committees motion to modify future remand/transfer orders [Doc. No. 3767 ] is DENIED. Signed by Judge Robert L Miller, Jr on 8/7/19. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 11/12/2020.]
August 6, 2019 Opinion or Order Filing 51 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the status conference on August 8, 2019 at 9:30 a.m. (EST).. Signed by Judge Robert L Miller, Jr on 8/6/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 11/12/2020.]
July 2, 2019 Opinion or Order Filing 50 AMENDED REMAND/TRANSFER SCHEDULE FOR DISCOVERY GROUPS 7 AND 8 This order sets forth the remand and/or transfer deadlines to applicable to Discovery Groups 7, 8A and B. Signed by Judge Robert L Miller, Jr on 7/2/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 11/12/2020.]
June 26, 2019 Opinion or Order Filing 49 REMAND/TRANSFER SHCEDULE FOR DISCOVERY GROUPS 7 AND 8 This order sets forth the remand and/or transfer deadlines applicable to Discovery Groups 7, 8A, and 8B. Signed by Judge Robert L Miller, Jr on 6/26/2019. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 11/12/2020.]
June 25, 2019 Opinion or Order Filing 48 ORDER : The status conference previously scheduled for July 18, 2019 is now RESET for Thursday, August 8, 2019, at 9:30 a.m. (E.D.T.) in US District Court - South Bend before Judge Robert L Miller Jr. Signed by Judge Robert L Miller, Jr on 6/25/19. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 11/12/2020.]
May 9, 2019 Opinion or Order Filing 47 MEMORANDUM AND ORDER FOR MAY 9, 2019 STATUS CONFERENCE : Summary of topics discussed and action taken. Next status conference set for July 18, 2019 at 1:30 p.m. (EDT). Signed by Judge Robert L Miller, Jr on 5/9/19. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 11/12/2020.]
May 9, 2019 Filing 46 STATUS CONFERENCE held on 5/9/2019 before Judge Robert L Miller, Jr. Pla appeared by atty B. Fulmer. Dft appeared by attys E. Hanig, J. Winter. The court hears from the parties. Next Status Conference set for 7/18/2019 01:30 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Written memorandum to follow. (Court Reporter T. Gallucci.) Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 11/12/2020.]
May 7, 2019 Opinion or Order Filing 45 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the status conference on May 9, 2019 at 1:30 p.m. (EST).. Signed by Judge Robert L Miller, Jr on 5/7/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 11/12/2020.]
March 4, 2019 Opinion or Order Filing 44 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 Indiana Northern on 11/12/2020.]
March 4, 2019 Filing 43 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 Indiana Northern on 11/12/2020.]
February 27, 2019 Opinion or Order Filing 42 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 Indiana Northern on 11/12/2020.]
January 10, 2019 Opinion or Order Filing 41 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 Indiana Northern on 11/12/2020.]
January 10, 2019 Filing 40 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 Indiana Northern on 11/12/2020.]
January 7, 2019 Opinion or Order Filing 39 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 Indiana Northern on 11/12/2020.]
November 19, 2018 Filing 38 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 Indiana Northern on 11/12/2020.]
November 14, 2018 Opinion or Order Filing 37 ORDER ACTIVATING DISCOVERY GROUP 7 Identifies cases to be included in Group 7 for purposes of case-specific discovery and related deadlines. Completed and updated medical records authorizations to be provided to Biomet by 12/14/2018. Case-specific Discovery deadline is 7/12/2019. The parties are directed to confer and file a report within 90 days of the date of this order regarding management of all remaining cases. Signed by Judge Robert L Miller, Jr on 11-14-18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 11/12/2020.]
November 9, 2018 Opinion or Order Filing 36 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 Indiana Northern on 11/12/2020.]
October 1, 2018 Opinion or Order Filing 35 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 Indiana Northern on 11/12/2020.]
September 24, 2018 Opinion or Order Filing 30 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 Indiana Northern on 11/12/2020.]
September 21, 2018 Opinion or Order Filing 29 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 Indiana Northern on 11/12/2020.]
September 19, 2018 Opinion or Order Filing 28 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 Indiana Northern on 11/12/2020.]
September 19, 2018 Filing 27 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 Indiana Northern on 11/12/2020.]
September 18, 2018 Filing 34 NOTICE of Appearance by Adrienne Franco Busby on behalf of Biomet Inc, Biomet Orthopedics LLC.(ksc) [Transferred from Indiana Northern on 11/12/2020.]
September 18, 2018 Filing 33 NOTICE of Appearance by Stephanie N Russo on behalf of Biomet Orthopedics, LLC, Biomet, Inc.(ksc) [Transferred from Indiana Northern on 11/12/2020.]
September 18, 2018 Filing 32 NOTICE of Appearance by Andrew L Campbell on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 11/12/2020.]
September 18, 2018 Filing 31 NOTICE of Appearance by J Joseph Tanner on behalf of Biomet Inc, Biomet Orthopedics LLC.(ksc) [Transferred from Indiana Northern on 11/12/2020.]
September 12, 2018 Opinion or Order Filing 26 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 Indiana Northern on 11/12/2020.]
September 6, 2018 Opinion or Order Filing 25 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 Indiana Northern on 11/12/2020.]
September 6, 2018 Filing 24 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 Indiana Northern on 11/12/2020.]
August 24, 2018 Opinion or Order Filing 23 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 Indiana Northern on 11/12/2020.]
August 16, 2018 Opinion or Order Filing 22 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 Indiana Northern on 11/12/2020.]
July 26, 2018 Opinion or Order Filing 21 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 Indiana Northern on 11/12/2020.]
July 18, 2018 Filing 20 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 Indiana Northern on 11/12/2020.]
July 12, 2018 Opinion or Order Filing 19 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 Indiana Northern on 11/12/2020.]
May 29, 2018 Filing 18 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 Indiana Northern on 11/12/2020.]
May 17, 2018 Filing 17 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 Indiana Northern on 11/12/2020.]
May 9, 2018 Opinion or Order Filing 16 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 Indiana Northern on 11/12/2020.]
April 23, 2018 Opinion or Order Filing 15 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 Indiana Northern on 11/12/2020.]
April 10, 2018 Opinion or Order Filing 14 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 Indiana Northern on 11/12/2020.]
March 29, 2018 Opinion or Order Filing 13 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 Indiana Northern on 11/12/2020.]
March 26, 2018 Opinion or Order Filing 12 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 Indiana Northern on 11/12/2020.]
March 14, 2018 Opinion or Order Filing 11 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 Indiana Northern on 11/12/2020.]
March 12, 2018 Filing 10 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 Indiana Northern on 11/12/2020.]
February 8, 2018 Opinion or Order Filing 9 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 Indiana Northern on 11/12/2020.]
February 1, 2018 Opinion or Order Filing 8 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 Indiana Northern on 11/12/2020.]
January 30, 2018 Filing 7 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 Indiana Northern on 11/12/2020.]
January 25, 2018 Opinion or Order Filing 6 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 Indiana Northern on 11/12/2020.]
January 22, 2018 Filing 5 NOTICE of Appearance by John D LaDue on behalf of Biomet Inc., Biomet Manufacturing Corp, Biomet Orthopedics LLC, Biomet US Reconstruction LLC (LaDue, John) [Transferred from Indiana Northern on 11/12/2020.]
January 22, 2018 Filing 4 NOTICE of Appearance by Erin Linder Hanig on behalf of Biomet Inc., Biomet Manufacturing Corp, Biomet Orthopedics LLC, Biomet US Reconstruction LLC (Hanig, Erin) [Transferred from Indiana Northern on 11/12/2020.]
January 19, 2018 Opinion or Order Filing 3 ORDER granting #2 Application to Appear Pro Hac Vice of Attorney Thomas R Leemon PHV for Ursula Melnic. Signed by Judge Robert L Miller, Jr on 1/19/2018. (mtr) [Transferred from Indiana Northern on 11/12/2020.]
January 17, 2018 Filing 2 Application for Attorney Thomas R. Leemon to Appear Pro Hac Vice on behalf of Ursula Melnic. (MDL-PHV Temporary Login, ) [Transferred from Indiana Northern on 11/12/2020.]
January 16, 2018 Judge Robert L Miller, Jr and Magistrate Judge Michael G Gotsch, Sr added. (NEW CASE) (jld) [Transferred from Indiana Northern on 11/12/2020.]
January 12, 2018 Filing 1 COMPLAINT with JURY DEMAND against Biomet Inc., Biomet Manufacturing Corp, Biomet Orthopedics LLC, Biomet US Reconstruction LLC( Filing fee $ 400 receipt number 0755-3457831.), filed by Ursula Melnic. (Attachments: #1 Civil Cover Sheet)(McLaughlin, George) [Transferred from Indiana Northern on 11/12/2020.]

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Defendant: Biomet Orthopedics, LLC
Represented By: Mary Elizabeth Hershewe
Represented By: Heather C. Perkins
Represented By: Hannah Caroline Carter
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Defendant: Biomet U.S. Reconstruction, LLC
Represented By: Mary Elizabeth Hershewe
Represented By: Heather C. Perkins
Represented By: Hannah Caroline Carter
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Defendant: Biomet Manufacturing Corp
Represented By: Mary Elizabeth Hershewe
Represented By: Heather C. Perkins
Represented By: Hannah Caroline Carter
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Defendant: Biomet Inc
Represented By: Mary Elizabeth Hershewe
Represented By: Heather C. Perkins
Represented By: Hannah Caroline Carter
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Plaintiff: Ursula Melnic
Represented By: George E. McLaughlin
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