Matson v. Biomet, Inc. et al
Plaintiff: Fred Matson
Defendant: Zimmer U.S., Inc., Zimmer, Inc., Biomet, Inc., Biomet Manufacturing Corp., Biomet U.S. Reconstruction, LLC, Zimmer Biomet Holdings, Inc., Biomet Orthopedics, LLC, Zimmer Biomet, Inc. and Biomet Manufacturing, LLC
Case Number: 1:2019cv24008
Filed: September 27, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Robert N Scola
Referring Judge: Edwin G Torres
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on November 19, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 19, 2019 Filing 21 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet, Inc., Zimmer U.S., Inc., Zimmer, Inc.. (McKee, Traci)
November 5, 2019 Opinion or Order Filing 20 PAPERLESS ORDER: granting the Defednants' unopposed motion for a two-week extension of time to respond to the complaint. #19 . The deadline for the Defendants to respond to the complaint is now November 19, 2019. Signed by Judge Robert N. Scola, Jr. (dka)
November 5, 2019 Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 16 Order on Motion for Extension of Time to File Response/Reply/Answer to the Amended Complaint by Biomet Manufacturing Corp., Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet, Inc., Zimmer U.S., Inc., Zimmer, Inc.. (McKee, Traci)
October 31, 2019 Filing 18 SUMMONS (Affidavit) Returned Executed on #9 Amended Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Fred Matson. Biomet Manufacturing, LLC served on 10/28/2019, answer due 11/18/2019. (Attachments: #1 Exhibit EXHIBIT A)(Martell, Nicole)
October 31, 2019 Filing 17 NOTICE by Fred Matson (Martell, Nicole)
October 28, 2019 Opinion or Order Filing 16 PAPERLESS ORDER: granting the Defendants' unopposed motion for an extension of time to respond to the complaint. #15 . The deadline to respond to the complaint is now November 5, 2019. Signed by Judge Robert N. Scola, Jr. (dka)
October 28, 2019 Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #9 Amended Complaint by Biomet Manufacturing Corp., Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet, Inc., Zimmer U.S., Inc., Zimmer, Inc.. (McKee, Traci)
October 23, 2019 Opinion or Order Filing 14 PAPERLESS ORDER: denying as moot the Defendants' unopposed motion for an extension of time to respond to the complaint. #12 . An amended complaint was filed on October 15, 2019 which mooted the original complaint. Varnes v. Local 91, Glass Bottle Blowers Ass'n of U.S. and Canada, 674 F.2d 1365, 1370 (11th Cir. 1982) ("As a general rule, an amended complaint supersedes and replaces the original complaint"). Therefore, the Defendants need not respond to the original complaint. Pursuant to Federal Rule of Civil Procedure 15(a)(3), the Defendants have until October 29, 2019 to respond to the amended complaint. Signed by Judge Robert N. Scola, Jr. (dka)
October 23, 2019 Filing 13 Clerks Notice to Filer re #12 Unopposed MOTION for Extension of Time To Answer, Move, or Otherwise Respond to Complaint . Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls)
October 22, 2019 Filing 12 Unopposed Motion for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Biomet Manufacturing Corp., Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet, Inc., Zimmer U.S., Inc., Zimmer, Inc.. Attorney Traci McKee added to party Biomet Manufacturing Corp.(pty:dft), Attorney Traci McKee added to party Biomet Manufacturing, LLC(pty:dft), Attorney Traci McKee added to party Biomet Orthopedics, LLC(pty:dft), Attorney Traci McKee added to party Biomet U.S. Reconstruction, LLC(pty:dft), Attorney Traci McKee added to party Biomet, Inc.(pty:dft), Attorney Traci McKee added to party Zimmer Biomet Holdings, Inc.(pty:dft), Attorney Traci McKee added to party Zimmer Biomet, Inc.(pty:dft), Attorney Traci McKee added to party Zimmer U.S., Inc.(pty:dft), Attorney Traci McKee added to party Zimmer, Inc.(pty:dft). Responses due by 11/5/2019 (McKee, Traci) Modified Relief/Link on 10/23/2019 (ls).
October 22, 2019 Filing 11 Summons Issued as to Biomet Manufacturing, LLC. (lbc)
October 18, 2019 Filing 10 NOTICE of Filing Proposed Summons(es) Biomet Manufacturing, LLC by Fred Matson re #9 Amended Complaint filed by Fred Matson (Martell, Nicole)
October 16, 2019 Filing 9 Corrected AMENDED COMPLAINT against All Defendants, filed by Fred Matson. (Attachments: #1 Exhibit EXHIBIT A, #2 Exhibit EXHIBIT B, #3 Exhibit EXHIBIT C, #4 Exhibit EXHIBIT D)(Martell, Nicole)
October 15, 2019 Filing 8 AMENDED COMPLAINT against All Defendants, filed by Fred Matson.(Martell, Nicole)
October 3, 2019 Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Fred Matson. All Defendants. (Attachments: #1 Exhibit EXHIBIT A, #2 Exhibit EXHIBIT B, #3 Exhibit EXHIBIT C, #4 Exhibit EXHIBIT D, #5 Exhibit EXHIBIT E, #6 Exhibit EXHIBIT F, #7 Exhibit EXHIBIT G, #8 Exhibit EXHIBIT H)(Martell, Nicole)
October 1, 2019 Opinion or Order Filing 6 ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Edwin G. Torres on 10/1/2019. See attached document for full details. (mdc)
October 1, 2019 Opinion or Order Filing 5 ORDER Requiring Amended Complaint, (Amended Complaint due by 10/15/2019). Signed by Judge Robert N. Scola, Jr on 10/1/2019. See attached document for full details. (pcs)
October 1, 2019 Opinion or Order Filing 4 Order Requiring Discovery and Scheduling Conference and Order Referring Discovery Matters to the Magistrate Judge, referring case to Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Judge Robert N. Scola, Jr on 9/27/2019. See attached document for full details. (pcs)
September 27, 2019 Filing 3 Summons Issued as to Biomet Manufacturing Corp., Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet, Inc., Zimmer U.S., Inc., Zimmer, Inc.. (pcs)
September 27, 2019 Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (pcs)
September 27, 2019 Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-12020977, filed by Fred Matson. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Biomet Orthopedics LLC Summons, #3 Summon(s) Biomet Manufacturing Corp. Summons, #4 Summon(s) Biomet U.S. Reconstruction Summons, #5 Summon(s) Biomet Summons, #6 Summon(s) Zimmer Biomet Holdings, Inc. Summons, #7 Summon(s) Zimmer Biomet, Inc. Summons, #8 Summon(s) Zimmer U.S. Inc. Summons, #9 Summon(s) Zimmer Inc. Summons)(Martell, Nicole)

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Defendant: Zimmer U.S., Inc.
Represented By: Traci McKee
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Defendant: Zimmer, Inc.
Represented By: Traci McKee
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Defendant: Biomet, Inc.
Represented By: Traci McKee
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Defendant: Biomet Manufacturing Corp.
Represented By: Traci McKee
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Defendant: Biomet U.S. Reconstruction, LLC
Represented By: Traci McKee
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Defendant: Zimmer Biomet Holdings, Inc.
Represented By: Traci McKee
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Defendant: Biomet Orthopedics, LLC
Represented By: Traci McKee
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Defendant: Zimmer Biomet, Inc.
Represented By: Traci McKee
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Defendant: Biomet Manufacturing, LLC
Represented By: Traci McKee
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Plaintiff: Fred Matson
Represented By: David DiPietro
Represented By: Melissa Cristina Chavarri
Represented By: Nicole Marie Martell
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