Katz et al v. Biomet Inc. et al
Plaintiff: Carol Katz and Bernard Katz
Defendant: Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC and Biomet Inc.
Case Number: 8:2021cv00710
Filed: March 24, 2021
Court: US District Court for the Middle District of Florida
Presiding Judge: Anthony E Porcelli
Referring Judge: Mary S Scriven
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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This docket was last retrieved on May 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 17, 2021 Opinion or Order Filing 82 CASE MANAGEMENT AND SCHEDULING ORDER: Pretrial statement due by 10/24/2022. Jury Trial set for the DECEMBER 2022 TRIAL TERM, which commences December 5, 2022, with a more precise trial date to follow. Conduct mediation hearing by 12/10/2021. Lead counsel to coordinate dates. Signed by Judge Mary S. Scriven on 5/17/2021. (CRB)
May 11, 2021 Filing 81 STRICKEN. NOTICE by Bernard Katz, Carol Katz re #80 Case Management Report of Plaintiffs' Initial Disclosure (Saunders, Joseph) (LD). NOTE: Discovery, counsel notified. Modified on 5/12/2021 (LD).
May 3, 2021 Filing 80 CASE MANAGEMENT REPORT. (Pasciak, Bryan)
April 9, 2021 Filing 79 CERTIFICATE of interested persons and corporate disclosure statement by Biomet Inc., Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC identifying Corporate Parent Zimmer Biomet Holdings, Inc. for Biomet Inc., Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC.. (McKee, Traci)
April 5, 2021 Opinion or Order Filing 78 ENDORSED ORDER granting #77 Motion to Withdraw as Attorney for Defendants. Attorneys Teresa A. Griffin; Erin Linder Hanig; John LaDue; Stephanie N. Russo; J. Joseph Tanner; Adrienne Franco Busby and Andrew L. Campbell are terminated as counsel of record for Defendants and relieved of any further responsibility in this matter. Signed by Magistrate Judge Anthony E. Porcelli on 4/5/2021. (TAM)
April 2, 2021 Filing 77 Unopposed MOTION for Erin Hanig, John LaDue, Adrienne Busby, Andrew Campbell, Joseph Tanner, Stephanie Russo, Teresa Griffin to Withdraw as Attorney by Biomet Inc., Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC. (McKee, Traci) Motions referred to Magistrate Judge Anthony E. Porcelli.
March 29, 2021 Filing 76 NOTICE to counsel Adrienne Franco Busby; Andrew L. Campbell; J. Joseph Tanner; Stephanie N. Russo; Teresa A. Griffin; Tracie McKee; and Erin Linder Hanig of Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Complete the E-Filer Registration Form to obtain a login and password for CM/ECF. (Signed by Deputy Clerk) (AG)
March 26, 2021 Filing 75 NOTICE of Appearance by Bryan David Pasciak on behalf of Biomet Inc., Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC. (Pasciak, Bryan) Modified on 3/26/2021 (TDC).
March 26, 2021 Filing 74 NOTICE of Appearance by Traci McKee on behalf of Biomet Inc., Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC. (McKee, Traci) Modified on 3/26/2021 (TDC).
March 25, 2021 Filing 73 NOTICE to counsel of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (CRB)
March 24, 2021 Filing 72 TRANSFER IN from the Northern District of Indiana. Case assigned to District Judge Mary S. Scriven and Magistrate Judge Anthony E. Porcelli. New Case Number: 8:21-cv-710-MSS-AEP. (AG)
March 24, 2021 Filing 71 Case transferred in from District of Indiana Northern; Case Number 3:18-cv-00559. File received electronically
March 24, 2021 Opinion or Order Filing 70 TRANSFER ORDER AND EXPLANATION TO RECEIVING COURTS - transferring case to the Middle District of Florida. (case electronically sent to Middle District of Florida) Signed by Judge Robert L Miller, Jr on 3/24/21. (mlc) [Transferred from innd on 3/24/2021.]
March 23, 2021 Opinion or Order Filing 69 MEMORANDUM AND ORDER FOR MARCH 23, 2021 STATUS CONFERENCE Summary of topics discussed. Mr. Ward's motion to reconsider the 3/11/21 order is not ripe and a hearing will be set, if necessary, after briefing is complete; the parties' request for an extension of time to file plaintiffs' motions for fees, costs, and Escrow Agent compensation is GRANTED, and all motions to be filed by 5/7/2021, with any objections due on or before 5/27/2021, and any replies due by 6/10/2021. A hearing on any objections to those motions is set for 7/12/2021 at 9:30 AM (EDT). Signed by Judge Robert L Miller, Jr on 3/23/21. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/24/2021.]
March 23, 2021 Filing 68 VIDEO STATUS CONFERENCE held on 3/23/2021 before Judge Robert L Miller, Jr. Pla appeared by atty N. Ward, B. Fulmer. Dft appeared by atty J. Winter, E. Hanig. The court hears from the parties and sets a hearing to be held by video conference for 7/12/2021 at 9:30 AM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Written memorandum to follow.(Court Reporter J. Hoffman) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/24/2021.]
March 23, 2021 Filing 67 REPORT by Biomet Inc, Biomet Orthopedics LLC, Biomet US Reconstruction LLC (Joint Case Management Plan). (Griffin, Teresa) [Transferred from innd on 3/24/2021.]
March 22, 2021 Filing 66 MOTION for Reconsideration PLAINTIFFS CO-LEAD COUNSELS MOTION TO RECONSIDER THE COURTS MARCH 11, 2021, ORDER AWARDING SANCTIONS AND RELATED FINDINGS by Plaintiff Plaintiffs' Lead Co-Counsel. (Attachments: #1 Exhibit 1 - Draft Joint Rule 26(f) Report, #2 Exhibit 2 - Email, #3 Exhibit 3 - Response to Motion for Protective Order, #4 Exhibit 4 - Email, #5 Exhibit 5 - Email, #6 Exhibit 6 - Hardison 3/6/20 hearing transcript, #7 Exhibit 7 - Hardison 10/6/20 hearing transcript, #8 Exhibit 8 - Consent Pretrial Scheduling Order)Associated Cases: 3:12-md-02391-RLM-MGG et al.(Ward PHV, Navan) [Transferred from innd on 3/24/2021.]
March 19, 2021 Opinion or Order Filing 65 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Information to remotely attend the Status Conference on 3/23/2021 at 9:00 a.m. (EST). Signed by Judge Robert L Miller, Jr on 3/19/21. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/24/2021.]
February 3, 2021 Opinion or Order Filing 64 ORDER The (3875 in 3:12md2391) Motion for Extension of time to file Notices of Settlement or Case Management Plan is GRANTED IN PART. Parties have until 3/19/21 to file a notice of settlement or a case management plan for transfer or remand in each of the listed cases. Signed by Judge Robert L Miller, Jr on 2/3/21. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/24/2021.]
February 2, 2021 Filing 63 Second MOTION for Extension of Time to File Notices of Settlement or Case Management Plan by Defendant Defendants' Liaison Counsel. Associated Cases: 3:12-md-02391-RLM-MGG et al.(Hanig, Erin) [Transferred from innd on 3/24/2021.]
January 19, 2021 Pursuant to the Order entered 1/11/2021, the 1/13/2021 Status Conference is VACATED at the request of the parties and is RESET as a video status conference on 3/23/2021 at 9:00 AM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/24/2021.]
January 5, 2021 Opinion or Order Filing 62 ORDER GRANTING (3869 in 3:12-md-02391-RLM-MGG) Motion for Extension of Time to File notices of settlement or case management plans. The Parties shall have until 2/3/2021 to file a joint notice of settlement or a joint proposed case management plan for remand/transfer. Signed by Judge Robert L Miller, Jr on 1/5/21. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/24/2021.]
January 4, 2021 Filing 61 Joint MOTION for Extension of Time to File Notices of Settlement or Case Management Plan by Defendant Defendants' Liaison Counsel. Associated Cases: 3:12-md-02391-RLM-MGG et al.(Hanig, Erin) [Transferred from innd on 3/24/2021.]
November 25, 2020 Opinion or Order Filing 60 MEMORANDUM AND ORDER FOR NOVEMBER 19, 2020 STATUS CONFERENCE Summary of topics addressed and action taken. Biomet's 3860 motion taken under advisement. Next telephonic status conference set for Wednesday, January 13, 2021, at 9:00 a.m. (E.S.T.) Signed by Judge Robert L Miller, Jr on 11/25/2020. Associated Cases: 3:12-md-02391-RLM-MGG et al.(nae) [Transferred from innd on 3/24/2021.]
October 14, 2020 Filing 59 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 innd on 3/24/2021.]
October 6, 2020 Opinion or Order Filing 58 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 innd on 3/24/2021.]
August 10, 2020 Opinion or Order Filing 57 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 innd on 3/24/2021.]
May 12, 2020 Opinion or Order Filing 56 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 innd on 3/24/2021.]
May 7, 2020 Opinion or Order Filing 55 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 innd on 3/24/2021.]
May 6, 2020 Filing 54 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 innd on 3/24/2021.]
March 27, 2020 Opinion or Order Filing 53 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 innd on 3/24/2021.]
March 19, 2020 Opinion or Order Filing 52 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 innd on 3/24/2021.]
March 12, 2020 Opinion or Order Filing 51 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 innd on 3/24/2021.]
March 9, 2020 Filing 50 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 innd on 3/24/2021.]
March 6, 2020 Filing 49 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 innd on 3/24/2021.]
March 5, 2020 Opinion or Order Filing 48 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 innd on 3/24/2021.]
March 3, 2020 Filing 47 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 innd on 3/24/2021.]
February 7, 2020 Opinion or Order Filing 46 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 innd on 3/24/2021.]
January 24, 2020 Filing 45 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 innd on 3/24/2021.]
January 21, 2020 Opinion or Order Filing 44 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 innd on 3/24/2021.]
January 16, 2020 Opinion or Order Filing 43 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 innd on 3/24/2021.]
January 14, 2020 Opinion or Order Filing 42 ORDER The court gives the parties until 2/3/2020 to show cause, if any, why the cases listed in attached Exhibit A shouldn't be included in the list of Discovery Group 8A cases to be remanded or transferred or to inform the court what the proper remand/transfer venue would be. Signed by Judge Robert L Miller, Jr on 1/14/20. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/24/2021.]
November 12, 2019 Filing 41 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 innd on 3/24/2021.]
November 8, 2019 Opinion or Order Filing 40 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 innd on 3/24/2021.]
November 7, 2019 Filing 39 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 innd on 3/24/2021.]
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 innd on 3/24/2021.]
August 8, 2019 Filing 38 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 innd on 3/24/2021.]
August 7, 2019 Opinion or Order Filing 37 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 innd on 3/24/2021.]
August 6, 2019 Opinion or Order Filing 36 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 innd on 3/24/2021.]
July 2, 2019 Opinion or Order Filing 35 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 innd on 3/24/2021.]
June 26, 2019 Opinion or Order Filing 34 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 innd on 3/24/2021.]
June 25, 2019 Opinion or Order Filing 33 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 innd on 3/24/2021.]
May 9, 2019 Opinion or Order Filing 32 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 innd on 3/24/2021.]
May 9, 2019 Filing 31 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 innd on 3/24/2021.]
May 7, 2019 Opinion or Order Filing 30 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 innd on 3/24/2021.]
March 11, 2019 Opinion or Order Filing 29 ORDER ACTIVATING DISCOVERY GROUP 8A Identifies cases to be included in Discovery Group 8A for purposes of case-specific discovery and related deadlines. Signed by Judge Robert L Miller, Jr on 3/11/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) Modified on 3/12/2019 to correct Group number (jld). [Transferred from innd on 3/24/2021.]
March 4, 2019 Opinion or Order Filing 28 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 3/24/2021.]
March 4, 2019 Filing 27 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 3/24/2021.]
February 27, 2019 Opinion or Order Filing 26 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 3/24/2021.]
January 10, 2019 Opinion or Order Filing 25 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 3/24/2021.]
January 10, 2019 Filing 24 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 3/24/2021.]
January 7, 2019 Opinion or Order Filing 23 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 3/24/2021.]
November 19, 2018 Filing 22 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 3/24/2021.]
November 9, 2018 Opinion or Order Filing 21 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 3/24/2021.]
October 1, 2018 Opinion or Order Filing 20 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 3/24/2021.]
September 24, 2018 Opinion or Order Filing 15 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 3/24/2021.]
September 21, 2018 Opinion or Order Filing 14 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 3/24/2021.]
September 19, 2018 Opinion or Order Filing 13 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 3/24/2021.]
September 19, 2018 Filing 12 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 3/24/2021.]
September 18, 2018 Filing 19 NOTICE of Appearance by Adrienne Franco Busby on behalf of Biomet Inc, Biomet Orthopedics LLC.(ksc) [Transferred from innd on 3/24/2021.]
September 18, 2018 Filing 18 NOTICE of Appearance by Stephanie N Russo on behalf of Biomet Orthopedics, LLC, Biomet, Inc.(ksc) [Transferred from innd on 3/24/2021.]
September 18, 2018 Filing 17 NOTICE of Appearance by Andrew L Campbell on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from innd on 3/24/2021.]
September 18, 2018 Filing 16 NOTICE of Appearance by J Joseph Tanner on behalf of Biomet Inc, Biomet Orthopedics LLC.(ksc) [Transferred from innd on 3/24/2021.]
September 12, 2018 Opinion or Order Filing 11 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 3/24/2021.]
September 6, 2018 Opinion or Order Filing 10 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 3/24/2021.]
September 6, 2018 Filing 9 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 3/24/2021.]
August 24, 2018 Opinion or Order Filing 8 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 3/24/2021.]
August 24, 2018 Filing 7 ANSWER to #1 Complaint, by Biomet Inc, Biomet Orthopedics LLC, Biomet US Reconstruction LLC.(Hanig, Erin) [Transferred from innd on 3/24/2021.]
August 16, 2018 Opinion or Order Filing 6 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 3/24/2021.]
July 27, 2018 Filing 5 NOTICE of Appearance by Erin Linder Hanig on behalf of Biomet Inc, Biomet Orthopedics LLC, Biomet US Reconstruction LLC (Hanig, Erin) [Transferred from innd on 3/24/2021.]
July 27, 2018 Filing 4 NOTICE of Appearance by John D LaDue on behalf of Biomet Inc, Biomet Orthopedics LLC, Biomet US Reconstruction LLC (LaDue, John) [Transferred from innd on 3/24/2021.]
July 26, 2018 Opinion or Order Filing 3 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 3/24/2021.]
July 26, 2018 Filing 2 Summons Issued as to Biomet Inc, Biomet Orthopedics LLC, Biomet US Reconstruction LLC. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (jld) [Transferred from innd on 3/24/2021.]
July 26, 2018 Judge Robert L Miller, Jr and Magistrate Judge Michael G Gotsch, Sr added. (NEW CASE) (jld) [Transferred from innd on 3/24/2021.]
July 24, 2018 Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 receipt number 0755-3630830.), filed by Bernard Katz, Carol Katz. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Notice of Pendency of Other Actions, #3 Proposed Summons)(Saunders PHV, Joseph) [Transferred from innd on 3/24/2021.]

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Search for this case: Katz et al v. Biomet Inc. et al
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Defendant: Biomet Orthopedics, LLC
Represented By: Teresa A Griffin
Represented By: Adrienne Franco Busby
Represented By: J. Joseph Tanner
Represented By: Andrew L. Campbell
Represented By: Erin Linder Hanig
Represented By: John LaDue
Represented By: Stephanie N. Russo
Represented By: Teresa A. Griffin
Represented By: Bryan David Pasciak
Represented By: Traci McKee
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Defendant: Biomet U.S. Reconstruction, LLC
Represented By: Teresa A Griffin
Represented By: Erin Linder Hanig
Represented By: John LaDue
Represented By: Teresa A. Griffin
Represented By: Bryan David Pasciak
Represented By: Traci McKee
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Defendant: Biomet Inc.
Represented By: Teresa A Griffin
Represented By: Adrienne Franco Busby
Represented By: J. Joseph Tanner
Represented By: Andrew L. Campbell
Represented By: Erin Linder Hanig
Represented By: John LaDue
Represented By: Stephanie N. Russo
Represented By: Teresa A. Griffin
Represented By: Bryan David Pasciak
Represented By: Traci McKee
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Plaintiff: Carol Katz
Represented By: Joseph H. Saunders
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Plaintiff: Bernard Katz
Represented By: Joseph H. Saunders
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