HARDISON v. BIOMET INC et al
Plaintiff: LYNWOOD HARDISON and GAIL DEAN HARDISON
Defendant: BIOMET ORTHOPEDICS LLC, BIOMET MANUFACTURING LLC, BIOMET US RECONSTRUCTION LLC and BIOMET INC
Case Number: 5:2019cv00069
Filed: March 4, 2019
Court: US District Court for the Middle District of Georgia
Presiding Judge: TILMAN E SELF
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on July 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 22, 2021 Opinion or Order Filing 197 STIPULATION of Dismissal by BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET INC, BIOMET US RECONSTRUCTION LLC as to All Defendants (NORDEN, DAVID)
July 20, 2021 Opinion or Order Filing 196 WITHDRAWAL of Motion re #182 MOTION for Attorney Fees filed by BIOMET US RECONSTRUCTION LLC, BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC (NORDEN, DAVID)
June 30, 2021 Opinion or Order Filing 195 This is a text only entry; no document issued. ORDER terminating #185 and #188 Motions in Limine due to pending settlement. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 6/30/2021 (TES)
June 2, 2021 Opinion or Order Filing 194 Minute Entry (content for administrative purposes only) for proceedings held before US DISTRICT JUDGE TILMAN E SELF, III: Telephone Conference held on 6/2/2021. Court Reporter: N/A.Time in Court: 13 Minutes. (chc)
June 2, 2021 Opinion or Order NOTICE OF RESETTING hearing. Jury Trial previously set for 8/9/2021 is now reset for 8/16/2021 at 9:00 AM in Macon before US DISTRICT JUDGE TILMAN E SELF III. Hearing will occur IN-PERSON. Counsel, parties, and members of the public and press should review Standing Order 2021-06, available on the courts website, regarding courthouse entrance procedures due to COVID-19. (chc)
June 1, 2021 Opinion or Order Filing 193 RESPONSE filed by GAIL DEAN HARDISON re #182 MOTION for Attorney Fees (Attachments: #1 Exhibit 3.6.20 Mtn. to Compel Hearing Transcript, #2 Exhibit PLF's Co-Lead Counsel Mtn. to Reconsider, #3 Exhibit MDL Court Order, #4 Exhibit 10.6.20 Hearing Transcript)(WARD, NAVAN)
June 1, 2021 Opinion or Order Notice of Deficiency (related document(s): #192 Response to Motion, filed by GAIL DEAN HARDISON ); The PACER login ID and password used to electronically file a document constitutes the Participants electronic signature for all purposes under the Federal Rules. All electronically filed documents must include a signature block and must set forth the filers name, address, telephone number and e-mail address. The name on the document and the name associated with the participants login ID must be the same. Document must be re-filed using the user credentials of the name of the attorney in the signature block.(tam)
May 28, 2021 Opinion or Order Filing 192 ***DISREGARD REFILED AT #193 *** RESPONSE filed by GAIL DEAN HARDISON re #182 MOTION for Attorney Fees (Attachments: #1 Exhibit Exhibit 1 - 03/06/20 Motion to Compel Hearing, #2 Exhibit Exhibit 2 - Plfs Co Lead Counsel's Mot to Reconsider, #3 Exhibit Exhibit 3 - MDL Court Order, #4 Exhibit Exhibit 4 - 10/06/20 Hearing Transcript)(SIZEMORE, RICHARD) Modified on 6/2/2021 to add docket text (tam).
May 26, 2021 Opinion or Order Filing 191 SEALED DOCUMENT (Attachments: #1 Exhibit A- Thacker Dep Part 2, #2 Exhibit B- Thacker Dep Part 1, #3 Exhibit B- Thacker Dep Part 2, #4 Exhibit B- Thacker Dep Part 3, #5 Exhibit D- Naylor Dep, #6 Exhibit E- Lancaster Dep, #7 Exhibit F- Miller Dep, #8 Exhibit V- Lancaster Dep, #9 Exhibit W- Lancaster Dep, #10 Exhibit X- Lancaster Dep, #11 Exhibit Y- Lancaster Dep) re: #186 MEMORANDUM in Support(tam)
May 25, 2021 Opinion or Order Filing 190 This is a text only entry; no document issued. ORDER granting #187 Motion to Seal Documents. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 5/25/2021 (TES)
May 25, 2021 Opinion or Order Notice of Deficiency (related document(s): #189 Memorandum in Support, #186 Memorandum in Support, filed by BIOMET US RECONSTRUCTION LLC, BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC ); Other (Please refer to Pages 12 and 13 to the sections pertaining to Exhibits and Motions and Related Documents of the MDGA s CM/ECF Administrative Procedures for Filing, Signing, and Verifying Documents by Electronic Means. Exhibits and/or other supporting documents with an electronic filing shall be filed as a separate PDF attachment(s) to the filing. Upon request, the proposed document shall also be emailed as a word processing document) NO NEED TO REFILE(tam)
May 24, 2021 Opinion or Order Filing 189 MEMORANDUM in Support of #188 MOTION in Limine regarding Excluding or Limiting Evidence at Trial (Attachments: #1 Exhibit 1 - Deposition of Robert Schmidt, #2 Exhibit 2 - Deposition of Steven Kurtz)(WARD, NAVAN)
May 24, 2021 Opinion or Order Filing 188 MOTION in Limine regarding Excluding or Limiting Evidence at Trial by GAIL DEAN HARDISON filed by NAVAN WARD, JR.(WARD, NAVAN)
May 24, 2021 Opinion or Order Filing 187 MOTION to Seal Document(s) #186 Memorandum in Support,,,,,,, by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC filed by MATTHEW T ALBAUGH.(ALBAUGH, MATTHEW)
May 24, 2021 Opinion or Order Filing 186 MEMORANDUM in Support filed by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC re: #185 MOTION in Limine regarding Excluding or Limiting Evidence at Trial (Attachments: #1 Exhibit A. Thacker Dep Exh 71 (Sealed), #2 Exhibit B. Thacker Dep Exh 68 (Sealed, #3 Exhibit C. A complete identification of the complaint files and complaints produced in the MDL, #4 Exhibit D. Naylor Dep Exh 5 (Sealed), #5 Exhibit E. Lancaster Dep Exh 6 (Sealed), #6 Exhibit F. Miller Dep Exh 57 (Sealed), #7 Exhibit G. L. Hardison Dep, #8 Exhibit H. Biomet marketing materials exhibit, #9 Exhibit I. J. Matt Depo, #10 Exhibit J. Mary Lou Retton Complaint, #11 Exhibit K. 2007 DPA, #12 Exhibit L. 2012 DPA, #13 Exhibit M. Biomet Settlement Agreement between the US Government and Biomet, Inc., #14 Exhibit N. Shapiro Dep, #15 Exhibit O. Raurk Dep, #16 Exhibit P. Kantor Common Issues Report, #17 Exhibit Q. Plaintiff_s Sterring Committee Memo, #18 Exhibit R. Harting depo, #19 Exhibit S. TGA Hazard Alert, #20 Exhibit T. Urgent Field Safety, #21 Exhibit U. Lancaster CV, #22 Exhibit V. Lancaster Dep Exh 4 (Sealed), #23 Exhibit W. Lancaster Dep Exh 5 (Sealed), #24 Exhibit X. Lancaster Dep Exh 7 (Sealed), #25 Exhibit Y. Lancaster Dep Exh 13 (Sealed), #26 Exhibit Z. Schroeder Dep, #27 Exhibit AA. Lancaster Dep Exh 34, #28 Exhibit BB. The 510(k) Program, Evaluating Substantial Equivalence, #29 Exhibit CC. DRAFT Jury Instructions for MIL Exhibit for FDA, #30 Exhibit DD. Biomet 510(k) clearance letter for M2a-38, #31 Exhibit EE. Biomet_s 510(k) clearance letter for M2a Magnum, #32 Exhibit FF. M2a Taper Clearance Letter, #33 Exhibit GG. Nicholson Nov 12, 2020 Trial Tr. Vol III 725-726, #34 Exhibit HH. Bayes Tr. Tran Vol 7 190-192, #35 Exhibit II. Nicholson Nov 12, 2020 Trial Tr. Vol VI 1341-1354)(ALBAUGH, MATTHEW)
May 24, 2021 Opinion or Order Filing 185 MOTION in Limine regarding Excluding or Limiting Evidence at Trial by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC filed by MATTHEW T ALBAUGH.(ALBAUGH, MATTHEW)
May 19, 2021 Opinion or Order Filing 184 This is a text only entry; no document issued. ORDER granting #183 Defendants' Motion for Leave to File Excess Pages. The parties may each have up to and including 30 pages to file a single omnibus motion in limine. The Court asks the parties to read and strictly follow the guidelines described in Justice Bethel's excellent concurring opinion about overly broad and generally useless motions in limine in the recent Georgia Supreme Court case of Williams v. Harvey, S20G1121, May 17, 2021. The Court knows it isn't bound by a Georgia opinion, but Justice Bethel says it better than the Court can. The Court will not look kindly on motions in limine that simply ask it to follow the law or that are so vague that no one could reasonably know ahead of time what conduct, words, or argument would violate a grant of the motion. If you want the Court to grant your motion, it should be narrow, to the point, and point the Court to something concrete. Otherwise, just don't file it. Given this guidance, the Court doesn't expect that either side will need the extra pages. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 5/19/2021 (TES) Modified on 5/20/2021 to add correct docket text (tam).
May 19, 2021 Opinion or Order Filing 183 MOTION for Leave to File Excess Pages for Omnibus Motions in Limine by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC filed by DAVID F NORDEN. (Attachments: #1 Proposed Order)(NORDEN, DAVID)
May 11, 2021 Opinion or Order Filing 182 MOTION for Attorney Fees by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC filed by DAVID F NORDEN. (Attachments: #1 Declaration of Matthew Albaugh, #2 Exhibit 1A - March Costs, #3 Exhibit 1B - September Costs, #4 Exhibit 1C - October Costs, #5 Exhibit 2 - February 2019 Transfer Order, #6 Exhibit 3 - March 2020 Hearing Transcript, #7 Exhibit 4 - March 12, 2020 Order, #8 Exhibit 5 - August 10, 2020 Order, #9 Exhibit 6 - Plaintiff's Discovery Requests, #10 Exhibit 7 - September 2020 Email, #11 Exhibit 8 - September 29, 2020 Motion, #12 Exhibit 9 - October 2020 Hearing Transcript)(NORDEN, DAVID)
May 4, 2021 Opinion or Order SECOND Notice of Deficiency (related document(s): #180 Petition to the Clerk for Admission to Plead and Practice Pro Hac Vice, filed by GAIL DEAN HARDISON ); Notice to Counsel - (DAVID BYRNE) Your email address in CM/ECF is not current. Please update your email address via PACER.(tam)
April 29, 2021 Opinion or Order Filing 181 Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by DAVID BYRNE. (mdm)
April 23, 2021 Opinion or Order Filing 180 PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by GAIL DEAN HARDISON Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3776182, $100. LOCAL COUNSEL Name and Georgia Bar #: John Christopher Clark 127353. (Attachments: #1 Certificate of Good Standing)(BYRNE, DAVID)
April 23, 2021 Opinion or Order Notice of Deficiency (related document(s): #180 Petition to the Clerk for Admission to Plead and Practice Pro Hac Vice, filed by GAIL DEAN HARDISON ); Notice to Counsel - (DAVID BYRNE) Your contact information in CM/ECF is not current. Please update your contact information via PACER.(tam)
March 29, 2021 Opinion or Order Filing 179 CONSENT PRETRIAL SCHEDULING ORDER Jury Trial set for 8/9/2021 09:00 AM in Macon before US DISTRICT JUDGE TILMAN E SELF III. Proposed Pretrial Order due by 7/12/2021. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 3/29/2021. (tam) Modified on 3/29/2021 to add docket text (tam).
March 29, 2021 Opinion or Order Proposed Pretrial Order Received and forwarded to chambers (tam)
March 17, 2021 Opinion or Order Filing 178 NOTICE OF RULING by GAIL DEAN HARDISON (Attachments: #1 Exhibit 1 - Biomet MDL Opinion and Order dated 3/11/2021)(WARD, NAVAN)
March 17, 2021 Opinion or Order Telephone Conference set for 6/2/2021 02:00 PM in Macon before US DISTRICT JUDGE TILMAN E SELF III re: Status Conference. Teleconferencing call-in instructions will be emailed to counsel prior to the call. NOTICE OF SETTING hearing. (nop)
March 16, 2021 Opinion or Order Filing 177 TEXT ONLY Minute Entry (content for administrative purposes only) for proceedings held before US DISTRICT JUDGE TILMAN E SELF, III: Telephone Conference held on 3/16/2021 in Macon. Discussion of upcoming pretrial and trial dates. The 6/7/2021 trial date is rescheduled to the tentative date of 8/9/2021 with the possibility of a special setting. The Court notes the Covid Pandemic has placed all jury trials, especially criminal, on backlog. The parties will submit a revised scheduling order within ten (10) days and are ordered to reach out to the Courtroom Deputy regarding jury charges, voir dire questions, exhibits and courtroom technology testing. A follow-up telephone conference will be set the first week of June. Court Reporter: Tammy DiRocco.Time in Court: 2:00-2:30. (nop)
March 16, 2021 Opinion or Order REMARK: Teleconferencing call-in instructions have been emailed to counsel. (nop)
March 15, 2021 Opinion or Order Filing 176 NOTICE of Attorney Appearance by CHARLES EDWARD PEELER on behalf of All Defendants Attorney CHARLES EDWARD PEELER added to party BIOMET INC(pty:dft), Attorney CHARLES EDWARD PEELER added to party BIOMET MANUFACTURING LLC(pty:dft), Attorney CHARLES EDWARD PEELER added to party BIOMET ORTHOPEDICS LLC(pty:dft), Attorney CHARLES EDWARD PEELER added to party BIOMET US RECONSTRUCTION LLC(pty:dft)(PEELER, CHARLES)
March 8, 2021 Opinion or Order NOTICE OF SETTING hearing. Telephone Conference is set for 3/16/2021 at 2:00 PM in Macon before US DISTRICT JUDGE TILMAN E SELF III. Call-in instructions will be sent to the parties by email. (chc)
November 18, 2020 Opinion or Order Filing 175 CONSENT PRETRIAL SCHEDULING ORDER: Pretrial Status Conference set for 5/17/2021 at 10:00 AM in Macon before US DISTRICT JUDGE TILMAN E SELF III. Jury Trial set for 6/7/2021 at 9:00 AM in Macon before US DISTRICT JUDGE TILMAN E SELF III. Proposed Pretrial Order due by 5/10/2021. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 11/18/2020. (chc)
November 18, 2020 Opinion or Order Proposed Pretrial Order Received and forwarded to chambers. (tam)
October 13, 2020 Opinion or Order Filing 174 TRANSCRIPT of Telephone Conference held on 10/06/2020, before Judge Tilman E. Self III. Court Reporter Darlene D. Fuller. The transcript may be inspected at the court or purchased through the court reporter for a period of 90 days. After 90 days, the transcript may be obtained via PACER. REDACTION OF TRANSCRIPTS: Complete redaction policy available on the courts website. (ddf)
October 6, 2020 Opinion or Order Filing 173 Minute Entry (content for administrative purposes only) for proceedings held before US DISTRICT JUDGE TILMAN E SELF, III: Telephone Conference held on 10/6/2020. Court Reporter: Darlane Fuller.Time in Court: 38 minutes. (chc)
October 5, 2020 Opinion or Order NOTICE OF SETTING hearing. Telephone Conference set for 10/6/2020 at 11:00 AM in Macon before US DISTRICT JUDGE TILMAN E SELF III. Call-in instructions will be emailed to all counsel. (chc)
September 25, 2020 Opinion or Order Filing 172 NOTICE OF FILING by GAIL DEAN HARDISON (Attachments: #1 Exhibit A - Biomet MDL Order dated 3-12-2020, #2 Exhibit B - Biomet MDL Order dated 8-10-2020)(WARD, NAVAN) Modified to correct docket text on 9/28/2020 (tam).
September 1, 2020 Opinion or Order NOTICE OF CANCELLATION OF PRETRIAL CONFERENCE previously scheduled for 9/29/2020. (chc)
August 31, 2020 Opinion or Order NOTICE OF SETTING hearing. Pretrial Conference set for 9/29/2020 at 10:00 AM in Macon before US DISTRICT JUDGE TILMAN E SELF III. Hearing will occur via VIDEOCONFERENCE. Counsel will receive connection information by separate email. Interested parties may obtain dial in information by emailing macon.ecf@gamd.uscourts.gov. (chc)
July 27, 2020 Opinion or Order Filing 171 ORDER granting in part and denying in part #108 Motion for Summary Judgment; granting in part and denying in part #109 Daubert Motion; granting in part and denying in part #110 Daubert Motion; granting in part and denying in part #111 Daubert Motion; granting in part and denying in part #118 Daubert Motion and denying #119 Daubert Motion. Plaintiffs claims for failure to warn, design defect, negligent design and warning, negligent misrepresentation, loss of consortium, and punitive damages shall proceed to trial. However, the Court dismisses Plaintiffs claims for manufacturing negligence, violation of GFBPA and related attorneys fees, breach of express and implied warranties, and wrongful death. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 7/27/2020 (TES)
June 19, 2020 Opinion or Order Filing 170 RESPONSE filed by GAIL DEAN HARDISON re #135 MOTION for Summary Judgment, #108 MOTION for Summary Judgment (CLARK, JOHN)
June 19, 2020 Opinion or Order Filing 169 NOTICE Biomets Supplemental Briefing in Support of Summary Judgment on Plaintiffs Failure to Warn Claim by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC re #108 MOTION for Summary Judgment (ALBAUGH, MATTHEW)
May 20, 2020 Opinion or Order Filing 168 Minute Entry (content for administrative purposes only) for proceedings held before US DISTRICT JUDGE TILMAN E SELF, III: Motion Hearing held on 5/20/2020 via videoconference re #108 MOTION for Summary Judgment; #109 MOTION in Limine; #110 MOTION in Limine, #111 MOTION in Limine; #118 MOTION to Exclude Portions of Testimony; #119 MOTION to Exclude Portions Testimony; #135 MOTION for Summary Judgment. Court Reporter: Tammy DiRocco.Time in Court: 4 hours 14 minutes. (chc)
May 18, 2020 Opinion or Order Filing 167 NOTICE of Attorney Appearance by JOHN CHRISTOPHER CLARK on behalf of GAIL DEAN HARDISON Attorney JOHN CHRISTOPHER CLARK added to party GAIL DEAN HARDISON (pty:pla) (CLARK, JOHN)
May 18, 2020 Opinion or Order Filing 166 NOTICE of Attorney Appearance by RICHARD L SIZEMORE on behalf of GAIL DEAN HARDISON Attorney RICHARD L SIZEMORE added to party GAIL DEAN HARDISON (pty:pla) (SIZEMORE, RICHARD)
May 15, 2020 Opinion or Order NOTICE OF SETTING HEARING ON MOTION re #135 MOTION for Summary Judgment; #109 MOTION in Limine; #111 MOTION in Limine; #110 MOTION in Limine; #119 MOTION to Exclude Portions of the Testimony of Defendants' Expert; #115 MOTION in Limine regarding PLAINTIFFS MOTION TO EXCLUDE PORTIONS OF THE TESTIMONY OF DEFENDANTS EXPERT; #118 MOTION to Exclude Portions of the Testimony of Defendants' Expert; #114 MOTION in Limine; and #108 MOTION for Summary Judgment: Motion Hearing to be held by ZOOM Videoconference is set for 5/20/2020 at 10:00 AM before US DISTRICT JUDGE TILMAN E SELF III. Counsel will receive dial in information in an email. Interested parties shall email Macon.ecf@gamd.uscourts.gov for dial in information.(chc)
May 4, 2020 Opinion or Order Filing 165 ORDER granting #113 Motion for Hearing: Motion Hearing set for 5/20/2020 at 10:00 AM in Macon before US DISTRICT JUDGE TILMAN E SELF III. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 5/4/2020. (chc)
May 1, 2020 Opinion or Order Filing 164 REPLY to Response filed by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC re #111 MOTION in Limine regarding Defendants_ Partial Motion to Exclude Mauri Truman (Attachments: #1 Exhibit C-1- Mari Truman Depo)(ALBAUGH, MATTHEW)
May 1, 2020 Opinion or Order Filing 163 REPLY to Response filed by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC re #109 MOTION in Limine regarding Defendants_ Motion to Exclude Francis Gannon, M.D. (Attachments: #1 Exhibit C - 6-17-2019 Email, #2 Exhibit D - 9-3-2019 Email, #3 Exhibit E - 0-31-2019 Email)(ALBAUGH, MATTHEW)
May 1, 2020 Opinion or Order Filing 162 REPLY to Response filed by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC re #110 MOTION in Limine regarding Partial Motion to Exclude Jeffrey E. Shapiro, M.D. (ALBAUGH, MATTHEW)
May 1, 2020 Opinion or Order Filing 161 EXHIBIT(S) T and U by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC re #160 Reply to Response to Motion (Attachments: #1 Exhibit To Defendants' Reply Brief ISO Motion for Summary Judgment)(ALBAUGH, MATTHEW)
May 1, 2020 Opinion or Order Filing 160 REPLY to Response filed by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC re #108 MOTION for Summary Judgment (ALBAUGH, MATTHEW)
May 1, 2020 Opinion or Order Filing 159 REPLY to Response filed by GAIL DEAN HARDISON re #118 MOTION to Exclude Portions of the Testimony of Defendants' Expert Steven M. Kurtz, Ph.D. re #114 MOTION in Limine regarding PLAINTIFFS MOTION TO EXCLUDE PORTIONS OF THE TESTIMONY OF STEVEN KURTZ (Attachments: #1 Exhibit A - Plaintiff's Reply Memorandum in Support of Motion to Exclude, #2 Exhibit 1 - Kurtz Deposition, #3 Exhibit 2 - Kurtz Report, #4 Exhibit 3 - Truman Deposition, #5 Exhibit 4 - Biomet Response, #6 Exhibit 5 - Medical Record of 12/19/2007 Surgery)(WARD, NAVAN)
May 1, 2020 Opinion or Order Filing 158 REPLY to Response filed by GAIL DEAN HARDISON re #119 MOTION to Exclude Portions of the Testimony of Defendants' Expert Thomas W. Bauer, M.D., Ph.D. re #115 MOTION in Limine regarding PLAINTIFFS MOTION TO EXCLUDE PORTIONS OF THE TESTIMONY OF DEFENDANTS EXPERT THOMAS W. BAUER, M.D., Ph.D. (Attachments: #1 Exhibit A - Plaintiff's Reply Memorandum in Support of Motion to Exclude, #2 Exhibit 1 - Medical Record of 9/3/2015 Office Visit, #3 Exhibit 2 - Bauer Deposition)(WARD, NAVAN)
May 1, 2020 Opinion or Order Filing 157 RESPONSE filed by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC re #135 MOTION for Summary Judgment (ALBAUGH, MATTHEW)
May 1, 2020 Opinion or Order Filing 156 Restricted Document Exhibit CC re #139 Exhibit(s),,,,,, filed pursuant to a protective order. The attached document is restricted to court users and attorneys of record in the case. (WARD, NAVAN)
May 1, 2020 Opinion or Order Filing 155 Restricted Document Exhibit BB re #139 Exhibit(s),,,,,, filed pursuant to a protective order. The attached document is restricted to court users and attorneys of record in the case. (WARD, NAVAN)
May 1, 2020 Opinion or Order Filing 154 Restricted Document Exhibit AA re #139 Exhibit(s),,,,,, filed pursuant to a protective order. The attached document is restricted to court users and attorneys of record in the case. (WARD, NAVAN)
May 1, 2020 Opinion or Order Filing 153 Restricted Document Exhibit Y re #139 Exhibit(s),,,,,, filed pursuant to a protective order. The attached document is restricted to court users and attorneys of record in the case. (WARD, NAVAN)
May 1, 2020 Opinion or Order Filing 152 Restricted Document Exhibit X re #139 Exhibit(s),,,,,, filed pursuant to a protective order. The attached document is restricted to court users and attorneys of record in the case. (WARD, NAVAN)
May 1, 2020 Opinion or Order Filing 151 Restricted Document Exhibit W re #139 Exhibit(s),,,,,, filed pursuant to a protective order. The attached document is restricted to court users and attorneys of record in the case. (WARD, NAVAN)
May 1, 2020 Opinion or Order Filing 150 Restricted Document Exhibit F re #139 Exhibit(s),,,,,, filed pursuant to a protective order. The attached document is restricted to court users and attorneys of record in the case. (WARD, NAVAN)
May 1, 2020 Opinion or Order Filing 149 Restricted Document Exhibit E re #139 Exhibit(s),,,,,, filed pursuant to a protective order. The attached document is restricted to court users and attorneys of record in the case. (WARD, NAVAN)
May 1, 2020 Opinion or Order Filing 148 SEALED DOCUMENT (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(tam)
April 28, 2020 Opinion or Order Filing 147 This is a text only entry; no document issued. ORDER granting #140 Motion for Leave to File Response under seal. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 4/28/2020 (TES)
April 24, 2020 Opinion or Order Filing 146 This is a text only entry; no document issued. AMENDED ORDER CORRECTING TEXT ORDER 142 to link the Order to #141 instead of #140 . Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 4/24/2020. (chc)
April 23, 2020 Opinion or Order Filing 145 Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by AIGNER SHANEA KOLOM, NAVAN WARD, JR (Attachments: #1 PHV Admissions) (nop)
April 22, 2020 Opinion or Order Filing 144 PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by GAIL DEAN HARDISON Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3448249, $100. LOCAL COUNSEL Name and Georgia Bar #: J. Parker Miller 135183. (Attachments: #1 Certificate of Good Standing)(KOLOM, AIGNER)
April 22, 2020 Opinion or Order Filing 143 PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by GAIL DEAN HARDISON Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3448149, $100. LOCAL COUNSEL Name and Georgia Bar #: J. Parker Miller 135183. (Attachments: #1 Certificate of Good Standing)(WARD, NAVAN)
April 21, 2020 Opinion or Order Filing 142 PLEASE DISREGARD - CORRECTED ORDER AT DOC 146 This is a text only entry; no document issued. ORDER granting #140 Plaintiff's Motion for Leave to File responses to Defendant's motions out of time. Those responses filed on April 18 are deemed timely filed with the consent of the Defendants. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 4/21/2020 (TES) Modified to clarify on 4/24/2020 (deb).
April 20, 2020 Opinion or Order Filing 141 UNOPPOSED MOTION for Extension of Time to File File Response Motions Out of Time. by GAIL DEAN HARDISON filed by JOSEPH P MILLER. (Attachments: #1 Exhibit A - Error Messages, #2 Proposed Order)(MILLER, JOSEPH)
April 20, 2020 Opinion or Order Filing 140 MOTION for Leave to File Electronically Under Seal by GAIL DEAN HARDISON filed by JOSEPH P MILLER. (Attachments: #1 Proposed Order)(MILLER, JOSEPH)
April 18, 2020 Opinion or Order Filing 139 EXHIBIT(S) to Plaintiff's Reponse to Defendants' Motion for Summary Judgment by GAIL DEAN HARDISON re #135 MOTION for Summary Judgment (Attachments: #1 Exhibit B - Hardison records, #2 Exhibit C - Pope deposition, #3 Exhibit D - Fesmire deposition, #4 Exhibit E - FILED UNDER SEAL (BMT-MM01224967), #5 Exhibit F - FILED UNDER SEAL (BMT-MM08369278-79), #6 Exhibit G - Collins deposition, #7 Exhibit H - 12/27/16 settlement email, #8 Exhibit I - Gannon 12/20/19 Report, #9 Exhibit J - Shapiro 12/20/19 Report, #10 Exhibit K - Truman 12/20/19 Report, #11 Exhibit L - 12/21/17 MDL Daubert Order, #12 Exhibit M - George Kantor, MD 2/23/17 Report, #13 Exhibit N - Flandry deposition, #14 Exhibit O - Ruark deposition, #15 Exhibit P - Warnock deposition, #16 Exhibit Q - Steven M. Kurtz deposition, #17 Exhibit R - Hozack letter, #18 Exhibit S - Benson article, #19 Exhibit T - Brown article, #20 Exhibit U - Howie article, #21 Exhibit V - Black article, #22 Exhibit W - FILED UNDER SEAL (BMT-MM00242709713), #23 Exhibit X - FILED UNDER SEAL (BMT-MM0020886888, 893931), #24 Exhibit Y - FILED UNDER SEAL (BMTMM01621294297), #25 Exhibit Z - Mathieson article, #26 Exhibit AA - FILED UNDER SEAL (BMT-MM04361708709), #27 Exhibit BB - FILED UNDER SEAL (BMT-MM00675059060), #28 Exhibit CC - FILED UNDER SEAL (BMT-MM07698542), #29 Exhibit DD - Truman MDL deposition, #30 Exhibit EE - Biomet MDL CMO 6, #31 Exhibit FF Shapiro deposition, #32 Exhibit GG - Biomet Surgical Technique brochure)(MILLER, JOSEPH)
April 18, 2020 Opinion or Order Filing 138 EXHIBIT(S) to Plaintiff's Reponse in Opposition to Defendants' Partial Motion to Exclude Mari Truman by GAIL DEAN HARDISON re #132 Response to Motion (Attachments: #1 Exhibit 2 - Truman 2/23/17 MDL report, #2 Exhibit 3 - MDL Daubert Order, #3 Exhibit 4 - MDL Transfer Order, #4 Exhibit 5 - Truman 12/20/19 Report, #5 Exhibit 6 - Truman deposition, #6 Exhibit 7 - GHardison deposition, #7 Exhibit 8 - Hardison records, #8 Exhibit 9 - Collins deposition, #9 Exhibit 10 - Ruark deposition, #10 Exhibit 11 - Warnock deposition, #11 Exhibit 12 - Shapiro 12/20/19 Report, #12 Exhibit 13 - Gannon deposition, #13 Exhibit 14 - Truman 2/17/20 Supplemental Report)(MILLER, JOSEPH)
April 18, 2020 Opinion or Order Filing 137 EXHIBIT(S) to Plaintiff's Response in Opposition to Defendants' Partial Motion to Exclude Jeffrey F. Shapiro, M.D. by GAIL DEAN HARDISON re #131 Response to Motion (Attachments: #1 Exhibit 2 - Shapiro 2/20/20 Report, #2 Exhibit 3 - Shapiro deposition, #3 Exhibit 4 - GHardison deposition, #4 Exhibit 5 - Hardison records, #5 Exhibit 6 - Pope deposition, #6 Exhibit 7 - Fesmire deposition, #7 Exhibit 8 - Collins deposition, #8 Exhibit 9 - Flandry deposition, #9 Exhibit 10 - Ruark deposition, #10 Exhibit 11 - Warnock deposition)(MILLER, JOSEPH)
April 18, 2020 Opinion or Order Filing 136 EXHIBIT(S) to Plaintiff's Response in Opposition to Defendants' Motion to Exclude Francis Gannon, M.D. by GAIL DEAN HARDISON re #134 Response to Motion (Attachments: #1 Exhibit 2 - Gannon deposition, #2 Exhibit 3 - Gannon 12/20/19 Report, #3 Exhibit 4 - Gannon 2/23/17 Report, #4 Exhibit 5 - Transfer Order, #5 Exhibit 6 - Hardison Records, #6 Exhibit 7 - Australian Hazard Alert, #7 Exhibit GHardison deposition, #8 Exhibit Collins deposition, #9 Exhibit 10 - 11/20/19 Email correspondence, #10 Exhibit 11 - Warnock deposition, #11 Exhibit 12 - 12/20/19 Email correspondence)(MILLER, JOSEPH)
April 18, 2020 Opinion or Order Filing 135 RESPONSE TO #108 MOTION for Summary Judgment by GAIL DEAN HARDISON filed by JOSEPH P MILLER. (Attachments: #1 Memorandum in Support PLF's Memorandum in Response to DFT's Motion for Summary Judgment, #2 Statement of Material Facts PLF's Statement of Additional Material Facts in Support of Memo Response to DFT's Motion for Summary Judgment, #3 Stmt of Material Facts Resp PLF's Response to DFT's Statement of Material Facts)(MILLER, JOSEPH) Modified on 5/21/2020 to add text to change to a response to motion, as instructed by chambers (cma). Modified on 5/21/2020 created a link (cma).
April 18, 2020 Opinion or Order Filing 134 RESPONSE filed by GAIL DEAN HARDISON re #109 MOTION in Limine regarding Defendants_ Motion to Exclude Francis Gannon, M.D. (MILLER, JOSEPH)
April 18, 2020 Opinion or Order Filing 133 RESPONSE filed by GAIL DEAN HARDISON re #109 MOTION in Limine regarding Defendants_ Motion to Exclude Francis Gannon, M.D. (MILLER, JOSEPH)
April 17, 2020 Opinion or Order Filing 132 RESPONSE filed by GAIL DEAN HARDISON re #111 MOTION in Limine regarding Defendants_ Partial Motion to Exclude Mauri Truman (MILLER, JOSEPH)
April 17, 2020 Opinion or Order Filing 131 RESPONSE filed by GAIL DEAN HARDISON re #110 MOTION in Limine regarding Partial Motion to Exclude Jeffrey E. Shapiro, M.D. (MILLER, JOSEPH)
April 17, 2020 Opinion or Order Filing 130 RESPONSE filed by GAIL DEAN HARDISON re #110 MOTION in Limine regarding Partial Motion to Exclude Jeffrey E. Shapiro, M.D. (MILLER, JOSEPH)
April 17, 2020 Opinion or Order Filing 129 RESPONSE filed by GAIL DEAN HARDISON re #111 MOTION in Limine regarding Defendants_ Partial Motion to Exclude Mauri Truman (MILLER, JOSEPH)
April 17, 2020 Opinion or Order Filing 128 RESPONSE filed by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC re #118 MOTION to Exclude Portions of the Testimony of Defendants' Expert Steven M. Kurtz, Ph.D. re #114 MOTION in Limine regarding PLAINTIFFS MOTION TO EXCLUDE PORTIONS OF THE TESTIMONY OF STEVEN KURTZ (Attachments: #1 Exhibit Plaintiffs' Motion to Exclude S. Kurtz, #2 Exhibit Expert Report of S. Kurtz (Exhibit A-1 to Plaintiffs_ Motion to Exclude), #3 Exhibit Deposition of Dr. S. Kurtz, #4 Exhibit Hardison Medical Records, #5 Exhibit Deposition of Gail Dean Hardison, #6 Exhibit Deposition of Leslie Hardison Godfrey, #7 Exhibit Deposition of Lynwood Hardison, #8 Exhibit Medtronic Sofamer Danek USA, TSRH Spinal System 510(k) Summary)(ALBAUGH, MATTHEW)
April 17, 2020 Opinion or Order Filing 127 RESPONSE filed by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC re #121 MOTION to Withdraw Document #114 MOTION in Limine regarding PLAINTIFFS MOTION TO EXCLUDE PORTIONS OF THE TESTIMONY OF STEVEN KURTZ, #115 MOTION in Limine regarding PLAINTIFFS MOTION TO EXCLUDE PORTIONS OF THE TESTIMONY OF DEFENDANTS EXPERT THOMAS W (Attachments: #1 Exhibit Dr. Bauer Report, #2 Exhibit Bauer Depo Testimony, #3 Exhibit American Academy of Orthopaedic Surgeons Guideline)(ALBAUGH, MATTHEW)
April 14, 2020 Opinion or Order Filing 126 This is a text only entry; no document issued. ORDER granting #125 Motion for Extension of Time; granting #125 Motion for Leave to File Excess Pages. Response briefs due 4/17/20 and reply brief due 5/1/20. Plaintiff's brief may be up to 30 pages. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 4/14/2020 (TES)
April 13, 2020 Opinion or Order Filing 125 UNOPPOSED MOTION for Extension of Time to File to File Response to Dispositive and Daubert Motions., MOTION for Leave to File Excess Pages for Plaintiff's Response to Defendants' Motion for Summary Judgment by GAIL DEAN HARDISON filed by JOSEPH P MILLER. (Attachments: #1 Exhibit A - Proposed Order)(MILLER, JOSEPH)
April 1, 2020 Opinion or Order Filing 124 This is a text only entry; no document issued. ORDER withdrawing #115 Motion in Limine pursuant to Order at 122 . Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 4/1/2020 (TES)
April 1, 2020 Opinion or Order Filing 123 This is a text only entry; no document issued. ORDER withdrawing #114 Motion in Limine pursuant to order at 122 . Ordered by US DISTRICT JUDGE TILMAN E S ELF, III on 4/1/2020 (TES)
April 1, 2020 Opinion or Order Filing 122 This is a text only entry; no document issued. ORDER granting #121 Motion to Withdraw Document #114 MOTION in Limine regarding PLAINTIFFS MOTION TO EXCLUDE PORTIONS OF THE TESTIMONY OF STEVEN KURTZ and #115 MOTION in Limine regarding PLAINTIFFS MOTION TO EXCLUDE PORTIONS OF THE TESTIMONY OF DEFENDANTS EXPERT THOMAS W. BAUER, M.D., Ph.D. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 4/1/2020 (TES)
April 1, 2020 Opinion or Order Filing 121 MOTION to Withdraw Document #114 MOTION in Limine regarding PLAINTIFFS MOTION TO EXCLUDE PORTIONS OF THE TESTIMONY OF STEVEN KURTZ, #115 MOTION in Limine regarding PLAINTIFFS MOTION TO EXCLUDE PORTIONS OF THE TESTIMONY OF DEFENDANTS EXPERT THOMAS W. BAUER, M.D., Ph.D., by GAIL DEAN HARDISON filed by NAVAN WARD, JR.(WARD, NAVAN)
March 30, 2020 Opinion or Order Filing 120 This is a text only entry; no document issued. ORDER granting #117 Motion for Extension of Time to file Motions. Plaintiff's motions filed on 3/25/2020 shall be considered timely filed. Ordered by US DISTRICT JUDGE TILMAN E. SELF, III on 3/30/2020 (TES)
March 25, 2020 Opinion or Order Filing 119 MOTION to Exclude Portions of the Testimony of Defendants' Expert Thomas W. Bauer, M.D., Ph.D. re #115 MOTION in Limine regarding PLAINTIFFS MOTION TO EXCLUDE PORTIONS OF THE TESTIMONY OF DEFENDANTS EXPERT THOMAS W. BAUER, M.D., Ph.D. by GAIL DEAN HARDISON filed by NAVAN WARD, JR. (Attachments: #1 Exhibit A - Memorandum in Support of Motion to Exclude)(WARD, NAVAN)
March 25, 2020 Opinion or Order Filing 118 MOTION to Exclude Portions of the Testimony of Defendants' Expert Steven M. Kurtz, Ph.D. re #114 MOTION in Limine regarding PLAINTIFFS MOTION TO EXCLUDE PORTIONS OF THE TESTIMONY OF STEVEN KURTZ by GAIL DEAN HARDISON filed by NAVAN WARD, JR. (Attachments: #1 Exhibit A - Memorandum in Support of Motion to Exclude)(WARD, NAVAN)
March 25, 2020 Opinion or Order Filing 117 UNOPPOSED MOTION for Extension of Time to File Motions to Exclude Out of Time. by GAIL DEAN HARDISON filed by NAVAN WARD, JR. (Attachments: #1 Proposed Order Proposed Order)(WARD, NAVAN)
March 25, 2020 Opinion or Order Filing 116 EXHIBIT(S) Exhibit B - Bauer Deposition Exhibits by GAIL DEAN HARDISON re #115 MOTION in Limine regarding PLAINTIFFS MOTION TO EXCLUDE PORTIONS OF THE TESTIMONY OF DEFENDANTS EXPERT THOMAS W. BAUER, M.D., Ph.D. (WARD, NAVAN)
March 25, 2020 Opinion or Order Filing 115 MOTION in Limine regarding PLAINTIFFS MOTION TO EXCLUDE PORTIONS OF THE TESTIMONY OF DEFENDANTS EXPERT THOMAS W. BAUER, M.D., Ph.D. by GAIL DEAN HARDISON filed by NAVAN WARD, JR. (Attachments: #1 Exhibit A - BAUER REPORT, #2 Exhibit B - BAUER DEPOSITION)(WARD, NAVAN)
March 24, 2020 Opinion or Order Filing 114 MOTION in Limine regarding PLAINTIFFS MOTION TO EXCLUDE PORTIONS OF THE TESTIMONY OF STEVEN KURTZ by GAIL DEAN HARDISON filed by NAVAN WARD, JR. (Attachments: #1 Exhibit A - Kurtz Expert Report, #2 Exhibit B - Kurtz Deposition and Exhibits)(WARD, NAVAN)
March 24, 2020 Opinion or Order Filing 113 MOTION for Hearing re #110 MOTION in Limine regarding Partial Motion to Exclude Jeffrey E. Shapiro, M.D., #111 MOTION in Limine regarding Defendants_ Partial Motion to Exclude Mauri Truman, #109 MOTION in Limine regarding Defendants_ Motion to Exclude Francis Gannon, M.D., #108 MOTION for Summary Judgment by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC filed by MATTHEW T ALBAUGH. (Attachments: #1 Proposed Order on Defendants_ Request for Oral Argument on MSJ and Motions to Exclude)(ALBAUGH, MATTHEW)
March 24, 2020 Opinion or Order Filing 112 MEMORANDUM in Support filed by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC re: #108 MOTION for Summary Judgment (ALBAUGH, MATTHEW)
March 24, 2020 Opinion or Order Filing 111 MOTION in Limine regarding Defendants_ Partial Motion to Exclude Mauri Truman by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC filed by MATTHEW T ALBAUGH. (Attachments: #1 Memorandum in Support of Motion to Exclude Mauri Truman, #2 Exhibit A-Truman_s Report, #3 Exhibit B-Truman Supplement & Rebuttal Report Hardison Injury 2-17-2020-, #4 Exhibit C- Mari Truman Depo)(ALBAUGH, MATTHEW)
March 24, 2020 Opinion or Order Filing 110 MOTION in Limine regarding Partial Motion to Exclude Jeffrey E. Shapiro, M.D. by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC filed by MATTHEW T ALBAUGH. (Attachments: #1 Memorandum in Support Memo. ISO Defs. Partial Motion to Exclude Jeffrey E. Shapiro, M.D., #2 Exhibit A- Dr. Shapiro_s Report, #3 Exhibit B- Dr. Shapiro_s Depo, #4 Exhibit C- Shapiro Supplemental Report 2-22-20 (Hardison), #5 Exhibit D- Dr. Shapiro_s Depo in Wilson, #6 Exhibit E- Dr. Raurk_s Depo)(ALBAUGH, MATTHEW)
March 24, 2020 Opinion or Order Filing 109 MOTION in Limine regarding Defendants_ Motion to Exclude Francis Gannon, M.D. by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC filed by MATTHEW T ALBAUGH. (Attachments: #1 Memorandum in Support Memorandum ISO Defs. Motion to Exclude Francis Gannon, M.D., #2 Exhibit A- Francis Gannon MD Expert Report, #3 Exhibit B- Dr. Gannon Depo)(ALBAUGH, MATTHEW)
March 24, 2020 Opinion or Order Filing 108 MOTION for Summary Judgment by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC filed by MATTHEW T ALBAUGH. (Attachments: #1 Statement of Material Facts Statement of Undisputed Material Facts, #2 Exhibit A- Hardison Medical Records, #3 Exhibit B- Plaintiff Fact Sheet, #4 Exhibit C- Hardison Depo, #5 Exhibit D- Amended DFS Supplement, #6 Exhibit E- IFU_s, #7 Exhibit F- Dr. Kurtz_s Declaration and Expert Report, #8 Exhibit G- Dr. Pope_s Depo, #9 Exhibit H- Chris Fesmire_s Depo, #10 Exhibit I- Complaint, #11 Exhibit J-Death Certificate, #12 Exhibit K-Amended Complaint, #13 Exhibit L-1-8-20 Ltr to Counsel (Hardison), #14 Exhibit M-Jeffrey Shapiro Expert Report 12-20-19 (Hardison), #15 Exhibit N- Dr. Shapiro_s Depo, #16 Exhibit O-Francis Gannon Expert Report 12-20-19 (Hardison), #17 Exhibit P- Dr. Gannon_s Depo, #18 Exhibit Q-Mari Truman_s Report, #19 Exhibit R- Mari Truman_s Depo, #20 Exhibit S- Dr. Schmidt_s Declaration and Expert Report)(ALBAUGH, MATTHEW)
March 17, 2020 Opinion or Order Filing 107 ORDER granting #104 Motion for Leave to File Excess Pages. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 03/16/2020 (tam)
March 17, 2020 Opinion or Order Filing 106 This is a text only entry; no document issued. ORDER granting #105 Motion for Extension of Time. Dispositive and Daubert motions due by 3/24/2020, Plaintiff's response due by 4/14/2020 and Defendant's Reply due 4/28/2020. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 3/17/2020 (TES)
March 16, 2020 Opinion or Order Filing 105 JOINT MOTION for Extension of Time to File Dispositive and Daubert Motions. by BIOMET US RECONSTRUCTION LLC filed by MATTHEW T ALBAUGH. (Attachments: #1 Proposed Order)(ALBAUGH, MATTHEW)
March 14, 2020 Opinion or Order Filing 104 MOTION for Leave to File Excess Pages for Defendants' Memorandum of Law in Support of Motion for Summary Judgment by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC filed by MATTHEW T ALBAUGH. (Attachments: #1 Proposed Order)(ALBAUGH, MATTHEW)
March 9, 2020 Opinion or Order Filing 103 ORDER denying #97 Motion to Request Additional Reuqests for Production and denying #98 Motion to Compel. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 3/9/2020. (chc)
March 7, 2020 Opinion or Order Filing 102 TRANSCRIPT of Proceedings held on 3-6-2020, before Judge Self. Court Reporter Tammy W. DiRocco. Volume Number: 1 of 1 Telephonic status conference. The transcript may be inspected at the court or purchased through the court reporter for a period of 90 days. After 90 days, the transcript may be obtained via PACER. REDACTION OF TRANSCRIPTS: Complete redaction policy available on the courts website. (Tammy W. DiRocco)
March 6, 2020 Opinion or Order Filing 101 Minute Entry for proceedings held before US DISTRICT JUDGE TILMAN E SELF, III: Telephone Conference held on 3/6/2020 Court Reporter: Tammy DiRocco. (tam)
March 5, 2020 Opinion or Order Filing 100 RESPONSE filed by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC re #98 MOTION to Compel DEFENDANTS RESPONSES TO PLAINTIFFS FIRST SET OF REQUESTS FOR PRODUCTION AND FIRST REQUESTS FOR ADMISSIONS, #97 MOTION to Request Additional Requests for Production (Attachments: #1 Exhibit A - Letter From Donna Puckett on March 2, 2020, #2 Exhibit B - Letter From Navan Ward on March 2, 2020)(NORDEN, DAVID)
March 5, 2020 Opinion or Order Filing 99 TRANSCRIPT of Telephonic status conference Proceedings held on 3-14-19, before Judge Self. Court Reporter Tammy W. DiRocco. Volume Number: 1 of 1. The transcript may be inspected at the court or purchased through the court reporter for a period of 90 days. After 90 days, the transcript may be obtained via PACER. REDACTION OF TRANSCRIPTS: Complete redaction policy available on the courts website. (Tammy W. DiRocco)
March 3, 2020 Opinion or Order NOTICE OF SETTING Telephone Conference set for 3/6/2020 at 10:00 AM in Macon before US DISTRICT JUDGE TILMAN E SELF III. Call-in instructions will be emailed to all counsel of record.(chc)
March 2, 2020 Opinion or Order Filing 98 MOTION to Compel DEFENDANTS RESPONSES TO PLAINTIFFS FIRST SET OF REQUESTS FOR PRODUCTION AND FIRST REQUESTS FOR ADMISSIONS by GAIL DEAN HARDISON filed by NAVAN WARD, JR. (Attachments: #1 Proposed Order, #2 Exhibit A - Defendants' Objections and Responses to Plaintiff's First Set of Requests for Production, #3 Exhibit B - Defendants' Objections and Responses to Plaintiff's First set of Requests for Admission)(WARD, NAVAN)
March 2, 2020 Opinion or Order Filing 97 MOTION to Request Additional Requests for Production by GAIL DEAN HARDISON filed by JOSEPH P MILLER. (Attachments: #1 Proposed Order)(MILLER, JOSEPH)
March 2, 2020 Opinion or Order Filing 96 NOTICE OF FIRM NAME CHANGE AND EMAIL CONTACT CHANGE by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC (NORDEN, DAVID)
February 25, 2020 Opinion or Order Filing 95 ORDER granting #92 Motion for Extension of Time to Amend #62 Scheduling/Discovery Order Discovery to be complete by 3/2/2020. Dispositive motions due by 3/19/2020. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 02/24/2020 (vs)
February 24, 2020 Opinion or Order Filing 94 REPLY to Response filed by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC re #92 MOTION for Extension of Time to Amend (Attachments: #1 Exhibit A - E-mail exchange regarding Reply In Support Of Motion to Amend Scheduling Order)(NORDEN, DAVID)
February 22, 2020 Opinion or Order Filing 93 RESPONSE filed by GAIL DEAN HARDISON re #92 MOTION for Extension of Time to Amend (MILLER, JOSEPH)
February 21, 2020 Opinion or Order Filing 92 MOTION for Extension of Time to Amend by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC filed by DAVID F NORDEN. (Attachments: #1 Proposed Order Exhibit A - Proposed Order Granting Biomet's Motion To Amend Scheduling Order)(NORDEN, DAVID)
February 18, 2020 Opinion or Order Filing 91 This is a text only entry; no document issued. ORDER granting #90 Motion for Extension of Time to file Plaintiff's Supplemental Reports. Plaintiff shall have until and including 2/22/2020. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 2/18/2020 (TES)
February 17, 2020 Opinion or Order Filing 90 EMERGENCY MOTION for Extension of Time to File Plaintiff's Supplemental Expert Reports. by GAIL DEAN HARDISON filed by JOSEPH P MILLER.(MILLER, JOSEPH)
February 10, 2020 Opinion or Order Filing 89 Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by JAMES A FREDERICK (nop)
February 5, 2020 Opinion or Order Filing 88 PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by All Defendants Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3381641, $100. LOCAL COUNSEL Name and Georgia Bar #: David F. Norden #545647. (Attachments: #1 Certificate of Good Standing)(DODANE, EMILY)
February 4, 2020 Opinion or Order Filing 87 PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by All Defendants Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3380072, $100. LOCAL COUNSEL Name and Georgia Bar #: David F. Norden #545647. (Attachments: #1 Certificate of Good Standing)(HALL, ANGELA)
January 31, 2020 Opinion or Order Filing 86 Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by ADRIENNE FRANCO BUSBY (nop)
January 28, 2020 Opinion or Order Filing 85 PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3373141, $100. LOCAL COUNSEL Name and Georgia Bar #: David F. Norden GA Bar No. 545647. (Attachments: #1 Certificate of Good Standing Certificate of Good Standing)(BUSBY, ADRIENNE)
January 13, 2020 Opinion or Order Filing 84 Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by VICTORIA CALHOON (nop) (Additional attachment(s) added on 1/13/2020: #1 Signed Petition to Plead and Practice) (nop).
January 13, 2020 Opinion or Order Filing 83 Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by EMILY DODANE (nop)
January 13, 2020 Opinion or Order Filing 82 PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by All Defendants Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3360864, $100. (Attachments: #1 Certificate of Good Standing)(CALHOON, VICTORIA)
January 13, 2020 Opinion or Order Filing 81 ORDER GRANTING #79 Joint Motion for Extension of Time. Ordered by US DISTRICT JUDGE TILMAN E. SELF, III on 1/13/20. (rlh)
January 13, 2020 Opinion or Order Filing 80 ORDER GRANTING #78 Joint Motion for Protective Order. Ordered by US DISTRICT JUDGE TILMAN E. SELF, III on 1/13/20. (rlh)
January 10, 2020 Opinion or Order Filing 79 JOINT MOTION for Extension of Time to File Rule 26 expert disclosures, supplemental expert reports, discovery, dispositive motions, and Daubert motions. by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC filed by DAVID F NORDEN. (Attachments: #1 Proposed Order Proposed Order Granting Fourth Joint Motion to Amend Scheduling Order)(NORDEN, DAVID)
January 10, 2020 Opinion or Order Filing 78 JOINT MOTION for Protective Order by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC filed by DAVID F NORDEN. (Attachments: #1 Proposed Order Stipulated Protective Order of Confidentiality)(NORDEN, DAVID)
January 10, 2020 Opinion or Order Filing 77 PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by All Defendants Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3359405, $100. LOCAL COUNSEL Name and Georgia Bar #: David F. Norden #545647. (Attachments: #1 Certificate of Good Standing)(DODANE, EMILY)
October 4, 2019 Opinion or Order Filing 76 ORDER granting #75 Motion for Extension of Time to Complete Discovery. Discovery to be complete by 2/10/2020. Dispositive motions due by 2/27/2020. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 10/04/19 (ans)
September 26, 2019 Opinion or Order Filing 75 MOTION for Extension of Time to Complete Discovery/THIRD MOTION for Extension of Time to Amend by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC filed by DAVID F NORDEN. (Attachments: #1 Exhibit A - [PROPOSED] THIRD AMENDED SCHEDULING ORDER)(NORDEN, DAVID) Modified Event Type on 9/27/2019 (ans).
September 6, 2019 Opinion or Order Filing 74 Minute Entry for proceedings held before US DISTRICT JUDGE TILMAN E SELF, III: Telephone Conference held on 9/6/2019. Court Reporter: FTR.Time in Court: 18 minutes. (chc)
September 6, 2019 Opinion or Order NOTICE OF SETTING Telephone Conference set for 9/6/2019 at 2:00 PM in Macon before US DISTRICT JUDGE TILMAN E SELF III. Call-in instructions will be sent via email to the all counsel of record.(chc)
August 12, 2019 Opinion or Order Filing 73 This is a text only entry; no document issued. ORDER granting #72 Motion for Extension of Time to File Expert Disclosures. Plaintiff's case-specific expert disclosure deadline is extended to Sept. 9, 2019. Defendants' case-specific expert disclosure deadline is extended to Oct. 11, 2019. The parties' supplemental expert disclosure deadline is extended to Oct. 18, 2019. Ordered by US DISTRICT JUDGE TILMAN E. SELF, III on 8/12/2019. (tlw)
August 9, 2019 Opinion or Order Filing 72 JOINT MOTION for Extension of Time to Amend by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC filed by DAVID F NORDEN. (Attachments: #1 Exhibit A - Proposed Amended Scheduling Order)(NORDEN, DAVID)
July 11, 2019 Opinion or Order Filing 71 ORDER granting #70 Motion for Extension of Time to Complete DiscoveryDiscovery to be complete by 10/25/2019. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 07/11/19 (ans)
July 10, 2019 Opinion or Order Filing 70 JOINT MOTION for Extension of Time to Complete Discovery by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC filed by DAVID F NORDEN. (Attachments: #1 Proposed Order Proposed Order)(NORDEN, DAVID)
July 3, 2019 Opinion or Order Filing 69 ANSWER to #68 Amended Complaint/Petition by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC with Jury Demand. Related document: #68 Amended Complaint/Petition filed by GAIL DEAN HARDISON.(NORDEN, DAVID)
June 20, 2019 Opinion or Order Filing 68 AMENDED #1 Complaint against All Defendants by GAIL DEAN HARDISON (ans)
June 19, 2019 Opinion or Order Filing 67 This is a text only entry; no document issued. ORDER granting #66 Motion for Leave to File Amended Complaint as Defendants have consented to the amended complaint as proved for in FRCP 15. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 6/19/2019 (TES)
June 14, 2019 Opinion or Order Filing 66 MOTION for Leave to File AMENDED COMPLAINT by GAIL DEAN HARDISON filed by JOSEPH P MILLER. (Attachments: #1 Exhibit A - AMENDED COMPLAINT)(MILLER, JOSEPH)
June 12, 2019 Opinion or Order Filing 65 ORDER granting #64 Motion for Substitution of Party. Gail Hardison, Executor of the Estate of Lynwood Wilson Hardison, Jr. shall be subtituted as the Plaintiff in Lieu of Lynwood Hardison. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 06/11/2019 (vs)
June 10, 2019 Opinion or Order Filing 64 SUGGESTION OF DEATH Upon the Record as to Lynwood Hardison and MOTION FOR SUBSTITUTION OF PARTY by LYNWOOD HARDISON (Attachments: #1 Proposed Order, #2 Exhibit A - Death Certificate of Lynwood Wilson Hardison, Jr., #3 Exhibit B - Letters Testamentary)(MILLER, JOSEPH) Modified on 6/10/2019 to add MOTION for Miscellaneous Relief as it relates to MOTION FOR SUBSTITUTION OF PARTY (ans).
June 10, 2019 Opinion or Order Notice of Deficiency (related document(s): #63 Suggestion of Death filed by LYNWOOD HARDISON ); ATTACHMENTS MUST HAVE A DESCRIPTION in the DESCRIPTION box. Use of EXHIBIT A and EXHIBIT B alone is not descriptive. Document must be re-filed to include a description of exhibit(s). (mdm)
June 7, 2019 Opinion or Order Filing 63 SUGGESTION OF DEATH Upon the Record as to Lynwood Hardison and MOTION FOR SUBSTITUTION OF PARTY by LYNWOOD HARDISON (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B)(MILLER, JOSEPH)
April 16, 2019 Filing 62 SCHEDULING/DISCOVERY ORDER: Discovery to be complete by 10/11/2019. Dispositive motions due by 11/11/2019. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 04/16/2019. (chc)
April 15, 2019 Filing 61 NOTICE of Attorney Appearance by JOSEPH P MILLER on behalf of LYNWOOD HARDISON Attorney JOSEPH P MILLER added to party LYNWOOD HARDISON(pty:pla) (MILLER, JOSEPH)
April 3, 2019 Filing 60 Jurisdictional Statement by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC (NORDEN, DAVID)
April 3, 2019 Filing 59 Corporate Disclosure Statement by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC identifying Corporate Parent LVB ACQUISITION, INC., Corporate Parent ZB MANUFACTURING, LLC, Corporate Parent ZIMMER BIOMET HOLDINGS, INC. for BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC. (NORDEN, DAVID)
April 2, 2019 SECOND Notice of Deficiency (related document(s): #58 Corporate Disclosure Statement filed by BIOMET US RECONSTRUCTION LLC, BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC ); Document must be refiled to add corporate parents, subsidiary corporations and/or any publicly held corporation that owns 10% or more of its stock to the case. Also,pursuant to Local Rule 87.2 a Jurisdictional Statement must be filed. (vs)
March 29, 2019 Notice of Deficiency (related document(s): #58 Corporate Disclosure Statement filed by BIOMET US RECONSTRUCTION LLC, BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC ); Document must be refiled to add corporate parents, subsidiary corporations and/or any publicly held corporation that owns 10% or more of its stock to the case. Also, pursuant to Local Rule 87.2 a Jurisdictional Statement must be filed. (ans)
March 28, 2019 Filing 58 Corporate Disclosure Statement by BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC (NORDEN, DAVID)
March 21, 2019 Opinion or Order Filing 57 Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by ERICA KAY DREW (nop)
March 20, 2019 Opinion or Order Filing 56 Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by MATTHEW T ALBAUGH (nop)
March 19, 2019 Filing 55 Letter regarding Pro Hac Vice Admissions (NORDEN, DAVID)
March 14, 2019 Filing 54 Minute Entry for proceedings held before US DISTRICT JUDGE TILMAN E SELF, III: Telephone Conference held on 3/14/2019. Court Reporter: Tammy DiRocco.Time in Court: 20 minutes. (chc)
March 14, 2019 Filing 53 RULES 16/26 ORDER: Proposed Scheduling/Discovery order due by 4/15/2019. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 03/14/2019. (Attachments: #1 Required Form)(chc)
March 11, 2019 Filing 52 NOTICE of Attorney Appearance by DAVID F NORDEN on behalf of BIOMET INC, BIOMET MANUFACTURING LLC, BIOMET ORTHOPEDICS LLC, BIOMET US RECONSTRUCTION LLC Attorney DAVID F NORDEN added to party BIOMET INC(pty:dft), Attorney DAVID F NORDEN added to party BIOMET MANUFACTURING LLC(pty:dft), Attorney DAVID F NORDEN added to party BIOMET ORTHOPEDICS LLC(pty:dft), Attorney DAVID F NORDEN added to party BIOMET US RECONSTRUCTION LLC(pty:dft) (NORDEN, DAVID)
March 7, 2019 NOTICE OF SETTING Telephone Conference set for 3/14/2019 at 10:00 AM in Macon before US DISTRICT JUDGE TILMAN E SELF III. Call in instructions will be emailed to counsel of record.(chc)
March 5, 2019 NOTICE TO COUNSEL J Joseph Tanner, Andrew L Campbell, Stephanie N Russo, Adrienne Franco Busby, Erin Linder Hanig, John D LaDue, Navan Ward, Jr - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice fees, have not been met, a show cause hearing will be scheduled. (ans)
March 4, 2019 Filing 51 Case transferred in District Transfer from District of Indiana Northern; Case Number 3:17-cv-00415. Original file certified copy of transfer order and docket sheet received. **The Notice of Electronic Filing serves as certification for these transferred documents.**
March 4, 2019 US DISTRICT JUDGE TILMAN E SELF, III added. (ans)
February 22, 2019 Opinion or Order Filing 50 GROUP 3 TRANSFER ORDER AND EXPLANATION TO RECEIVING COURTS Pursuant to the court's prior orders and 28 U.S.C. 1404(a), this case is TRANSFERRED to the Middle District of Georgia, Macon Division. Signed by Judge Robert L Miller, Jr on 2/22/19. (jld) [Transferred from innd on 3/4/2019.]
January 10, 2019 Opinion or Order Filing 49 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 3/4/2019.]
January 10, 2019 Filing 48 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 3/4/2019.]
January 7, 2019 Opinion or Order Filing 47 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 3/4/2019.]
November 19, 2018 Filing 46 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 3/4/2019.]
November 9, 2018 Opinion or Order Filing 45 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 3/4/2019.]
October 1, 2018 Opinion or Order Filing 44 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 3/4/2019.]
September 24, 2018 Opinion or Order Filing 39 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 3/4/2019.]
September 21, 2018 Opinion or Order Filing 38 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 3/4/2019.]
September 19, 2018 Opinion or Order Filing 37 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 3/4/2019.]
September 19, 2018 Filing 36 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 3/4/2019.]
September 18, 2018 Filing 43 NOTICE of Appearance by Adrienne Franco Busby on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from innd on 3/4/2019.]
September 18, 2018 Filing 42 NOTICE of Appearance by Stephanie N Russo on behalf of Biomet Orthopedics, LLC, Biomet, Inc.(ksc) [Transferred from innd on 3/4/2019.]
September 18, 2018 Filing 41 NOTICE of Appearance by Andrew L Campbell on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from innd on 3/4/2019.]
September 18, 2018 Filing 40 NOTICE of Appearance by J Joseph Tanner on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from innd on 3/4/2019.]
September 12, 2018 Opinion or Order Filing 35 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 3/4/2019.]
September 6, 2018 Opinion or Order Filing 34 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 3/4/2019.]
September 6, 2018 Filing 33 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 3/4/2019.]
August 24, 2018 Opinion or Order Filing 32 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 3/4/2019.]
August 16, 2018 Opinion or Order Filing 31 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 3/4/2019.]
July 26, 2018 Opinion or Order Filing 30 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 3/4/2019.]
July 18, 2018 Filing 29 TELEPHONE CONFERENCE held on 7/18/2018 before Judge Robert L Miller, Jr. Pla appeared by atty A. Davis, N. Ward. Dft appeared by atty E. Hanig, J. LaDue, J. Winter. Topics discussed included status of Group 5 and 6 discovery, the proposed pretrial order on remand, upcoming expert video depositions, pro se cases and pending motions. Following discussion, the court directed plaintiff's counsel to file any motion to enforce settlement in Simpson v. Biomet, 3:16cv466, by Aug 9, 2018. Next status conference set for Aug 27, 2018 at 1:30 p.m. (EDT) before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/4/2019.]
July 12, 2018 Opinion or Order Filing 28 Remote Attendance Order for July 18, 2018 Status Conference Call in information for the hearing on 7/18/2018 at 1:30 PM (EDT). Signed by Judge Robert L Miller, Jr on 7/12/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/4/2019.]
May 29, 2018 Filing 27 Docket Annotation: The Dismissal Order entered on 5/29/2018 related to only three member cases, but was inadvertently docketed in all pending member cases. To avoid confusion and correct the error, the original entry [Doc. No. 3593 ] was deleted from the master and all member case dockets, and the order was redocketed in 3:12md2391 [Doc. No. 3596 ] and the related member cases (3:13cv1243, 3:14cv1243, and 3:16cv170).Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/4/2019.]
May 17, 2018 Filing 26 STATUS CONFERENCE held on 5/17/2018 before Judge Robert L Miller, Jr. Pla appeared by atty Brenda Fulmer. Dft appeared by atty John Winter and John LaDue. The Court hears from parties. A Status Conference is set for 7/18/2018 at 1:30 PM (EST) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter J. Hoffman.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/4/2019.]
May 9, 2018 Opinion or Order Filing 25 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the May 17, 2018 status conference.. Signed by Judge Robert L Miller, Jr on 5/9/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/4/2019.]
April 23, 2018 Opinion or Order Filing 24 SCHEDULING ORDER - This order activates Group 6 (Exh. A) for case specific discovery purposes and establishes deadlines for winding up the MDL proceedings. Signed by Judge Robert L Miller, Jr on 4/23/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(ksc) [Transferred from innd on 3/4/2019.]
April 10, 2018 Opinion or Order Filing 23 ORDER GRANTING 3560 Motion for Extension of Time to File. Parties given to and including April 11, 2018 to file the joint proposed scheduling order. Signed by Judge Robert L Miller, Jr on 4/10/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/4/2019.]
March 29, 2018 Opinion or Order Filing 22 ORDER By agreement of the parties, the court established deadlines and a schedule for briefing summary judgment motions in the cases identified in Exhibits A, B, and C to this order. See order for details.. Signed by Judge Robert L Miller, Jr on 3/29/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/4/2019.]
March 26, 2018 Opinion or Order Filing 21 ORDER GRANTING IN PART Plaintiffs Steering Committee's request to take video depositions of its generic expert witnesses, and DIRECTING parties to submit proposed agreed scheduling order by April 9, 2018. Signed by Judge Robert L Miller, Jr on 3/26/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/4/2019.]
March 14, 2018 Opinion or Order Filing 20 MEMORANDUM AND ORDER FOR MARCH 12, 2018 STATUS CONFERENCE Summary of topics discussed and action taken. Next status conference set for Thursday, May 17, 2018 at 1:00 p.m. (EDT).. Signed by Judge Robert L Miller, Jr on 3/14/2018. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/4/2019.]
March 12, 2018 Filing 19 STATUS CONFERENCE held on 3/12/2018 before Judge Robert L Miller, Jr. Pla appeared by attys Jasper Ward (in person), Brenda Fulmer and Ahmad Diab (by phone). Dft appeared by attys Erin Hanig, John LaDue, and John Winter (all in person). The Court hears from parties. Status Conference set for 5/17/2018 at 1:00 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Written order to follow.(Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/4/2019.]
February 8, 2018 Opinion or Order Filing 18 OPINION AND ORDER Biomets 3388 motions for summary judgment related to the Taper, ReCap, and metal-on-polyethylene devices is DENIED on the merits; Biomets 3390 motions for summary judgment relating to the state-of-the-art defense is DENIED, without prejudice; If the plaintiffs in White v. Biomet (3:16cv115) and Glynn v. Biomet (3:15cv491) wish to take device-specific expert depositions, they should file a motion to that effect within 14 days from the date of this order, and should indicate in that motion whether local counsel will conduct the deposition, with or without the assistance of the Plaintiffs Steering Committee. The plaintiffs in the Price v. Biomet (3:14cv275) and Gearon v. Biomet (3:14cv2099) shall have 14 days from the date of this order to file a motion to amend the scheduling order to allow device-specific expert depositions or, alternatively, a motion for suggestion of remand. If they elect the later, the Plaintiffs Steering Committee should address the effect, if any, remand would have on the plaintiffs obligations under the December 7,2015 Amended Holdback Order 3022 in its response. Signed by Judge Robert L Miller, Jr on 2/8/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/4/2019.]
February 1, 2018 Opinion or Order Filing 17 MEMORANDUM AND ORDER FOR JANUARY 30, 2018 STATUS CONFERENCE Summary of the topics discussed and actions taken. The next Status Conference is set for 3/12/2018 at 1:30 PM (EDT)in US District Court - South Bend before Judge Robert L Miller Jr.. Signed by Judge Robert L Miller, Jr on 2/1/18. (Copy mailed to pro se parties)Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/4/2019.]
January 30, 2018 Filing 16 TELEPHONIC STATUS CONFERENCE held on 1/30/2018 before Judge Robert L Miller, Jr. Pla appeared by atty Brenda Fulmer (in person), Ahmed Diab and Justin Presnal (by phone). Dft appeared by atty Erin Linder and John LaDue (in person), John Winter (by phone). The next Status Conference is set for 3/12/2018 at 1:30 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Written order to follow.(Court Reporter Debra Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/4/2019.]
January 25, 2018 Opinion or Order Filing 15 Remote Attendance Order for January 30, 2018 Telephonic Status Conference Call-in information for the telephonic status conference on January 30, 2018 at 1:30 pm (EDT).. Signed by Judge Robert L Miller, Jr on 1/25/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/4/2019.]
December 21, 2017 Filing 14 OPINION AND ORDER DENYING 3381 Executive Committee's motion to exclude opinions and testimony of Biomet's expert Steven R. Schmid; GRANTING IN PART AND DENYING IN PART 3382 the Executive Committee's motion to exclude opinions and testimony of Biomet expert David Schroeder; DENYING 3383 the Executive Committee's motion to exclude opinions and testimony of Biomet's expert Daniel Schultz, M.D.; GRANTING IN PART AND DENYING IN PART 3384 the Executive Committee's motion to exclude opinions and testimony of Biomet's expert Andrew I Spitzer, M.D.; GRANTING IN PART AND DENYING IN PART 3385 the Executive Committee's Motion to exclude opinions and testimony of Biomet's expert Dr. Kenneth St. John; DENYING 3386 Biomet's motion to exclude opinions and testimony of the plaintiffs' expert Mari Truman; GRANTING IN PART AND DENYING IN PART 3399 Biomet's motion to exclude opinions and testimony of the plaintiffs' expert George S Kantor, M.D. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/4/2019.]
December 18, 2017 Opinion or Order Filing 13 ORDER On the court's own motion and without objection, the telephonic status conference originally set for 12/19/2017 is now RESET for Tuesday, 1/30/2018 at 1:30 PM (EST) in US District Court - South Bend before Judge Robert L Miller Jr.. Signed by Judge Robert L Miller, Jr on 12/18/17. (Copy mailed to pro se parties)Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/4/2019.]
December 12, 2017 Opinion or Order Filing 12 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the 12/19/2017 status conference at 1:30 pm (EST). Signed by Judge Robert L Miller, Jr on 12/12/17. (Copy mailed to pro se parties)Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/4/2019.]
October 26, 2017 Filing 11 TELEPHONIC STATUS CONFERENCE held on 10/26/2017 before Judge Robert L Miller, Jr. Pla appeared by atty B. Fulmer. Dft appeared by atty J. LaDue. The Court hears from the parties. Telephonic Status Conference set for 12/19/2017 at 1:30 PM (EST) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/4/2019.]
October 23, 2017 Opinion or Order Filing 10 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the Oct. 26, 2017 status conference at 1:30 pm (EDT).. Signed by Judge Robert L Miller, Jr on 10/23/17. (Copy mailed to pro se parties)Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/4/2019.]
August 28, 2017 Opinion or Order Filing 9 MEMORANDUM AND ORDER FOR AUGUST 24, 2017 STATUS CONFERENCE Summary of topics discussed and action taken. The next status conference is set for Thursday, October 26, 2017 at 1:30 PM (EDT). Signed by Judge Robert L Miller, Jr on 8/28/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/4/2019.]
August 18, 2017 Opinion or Order Filing 8 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE : Call-in information for the August 24, 2017 status conference at 1:00 pm (EDT). Signed by Judge Robert L Miller, Jr on 8/18/2017. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from innd on 3/4/2019.]
July 28, 2017 Filing 7 ANSWER to #1 Complaint, by Biomet Inc., Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet US Reconstruction LLC.(Hanig, Erin) [Transferred from innd on 3/4/2019.]
July 14, 2017 Opinion or Order Filing 6 MEMORANDUM AND ORDER FOR JULY 13, 2017 STATUS CONFERENCE , Summary of topics discussed and action taken. Parties to submit recommendations regarding procedures for handling new referrals and culminating proceedings by August 17, 2017. Next status conference set for August 24, 2017 at 1:00 p.m. (EDT). Signed by Judge Robert L Miller, Jr on 7/14/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/4/2019.]
July 10, 2017 Opinion or Order Filing 5 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the July 13, 2017 status conference at 9:30 am (EDT).. Signed by Judge Robert L Miller, Jr on 7/10/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/4/2019.]
June 15, 2017 Opinion or Order Filing 4 ORDER GRANTING ( 3354 ) Motion for Extension of Time to File in case 3:12-md-02391-RLM-MGG. The defendants shall have to and including 7/31/2017 to file any motion directed at the admissibility of Dr. Kantor's testimony under Federal Rule of Evidence 702. Response due by 8/31/17 and Reply to be filed by 9/11/2017. Signed by Robert L Miller, Jr on 6/15/17. (Copy mailed to pro se party)Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 3/4/2019.]
June 9, 2017 Filing 3 NOTICE of Appearance by John D LaDue on behalf of Biomet Inc., Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet US Reconstruction LLC (LaDue, John) [Transferred from innd on 3/4/2019.]
June 9, 2017 Filing 2 NOTICE of Appearance by Erin Linder Hanig on behalf of Biomet Inc., Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet US Reconstruction LLC (Hanig, Erin) [Transferred from innd on 3/4/2019.]
June 1, 2017 Judge Robert L Miller, Jr and Magistrate Judge Michael G Gotsch, Sr added. (NEW CASE) (jld) [Transferred from innd on 3/4/2019.]
May 30, 2017 Filing 1 COMPLAINT with JURY DEMAND against Biomet Inc., Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet US Reconstruction LLC( Filing fee $ 400 receipt number 0755-3262903.), filed by Lynwood Hardison. (Attachments: #1 Civil Cover Sheet)(Ward PHV, Navan) [Transferred from innd on 3/4/2019.]

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Search for this case: HARDISON v. BIOMET INC et al
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Defendant: BIOMET ORTHOPEDICS LLC
Represented By: Stephanie N Russo
Represented By: Adrienne Franco Busby
Represented By: J Joseph Tanner
Represented By: Erin Linder Hanig
Represented By: Andrew L Campbell
Represented By: John D LaDue
Represented By: ERICA KAY DREW
Represented By: MATTHEW T ALBAUGH
Represented By: DAVID F NORDEN
Represented By: JAMES A FREDERICK
Represented By: ANGELA KELVER HALL
Represented By: CHARLES EDWARD PEELER
Represented By: EMILY DODANE
Represented By: VICTORIA CALHOON
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Defendant: BIOMET MANUFACTURING LLC
Represented By: Erin Linder Hanig
Represented By: John D LaDue
Represented By: ERICA KAY DREW
Represented By: MATTHEW T ALBAUGH
Represented By: DAVID F NORDEN
Represented By: JAMES A FREDERICK
Represented By: Adrienne Franco Busby
Represented By: ANGELA KELVER HALL
Represented By: CHARLES EDWARD PEELER
Represented By: EMILY DODANE
Represented By: VICTORIA CALHOON
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Defendant: BIOMET US RECONSTRUCTION LLC
Represented By: Erin Linder Hanig
Represented By: John D LaDue
Represented By: ERICA KAY DREW
Represented By: MATTHEW T ALBAUGH
Represented By: DAVID F NORDEN
Represented By: JAMES A FREDERICK
Represented By: Adrienne Franco Busby
Represented By: ANGELA KELVER HALL
Represented By: CHARLES EDWARD PEELER
Represented By: EMILY DODANE
Represented By: VICTORIA CALHOON
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Defendant: BIOMET INC
Represented By: Stephanie N Russo
Represented By: Adrienne Franco Busby
Represented By: J Joseph Tanner
Represented By: Erin Linder Hanig
Represented By: Andrew L Campbell
Represented By: John D LaDue
Represented By: ERICA KAY DREW
Represented By: MATTHEW T ALBAUGH
Represented By: DAVID F NORDEN
Represented By: JAMES A FREDERICK
Represented By: ANGELA KELVER HALL
Represented By: CHARLES EDWARD PEELER
Represented By: EMILY DODANE
Represented By: VICTORIA CALHOON
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Plaintiff: LYNWOOD HARDISON
Represented By: Navan Ward, Jr
Represented By: JOSEPH P MILLER
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Plaintiff: GAIL DEAN HARDISON
Represented By: JOSEPH PARKER MILLER
Represented By: Navan Ward, Jr
Represented By: AIGNER SHANEA KOLOM
Represented By: DAVID BYRNE
Represented By: JOHN CHRISTOPHER CLARK
Represented By: RICHARD L SIZEMORE
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