Hess et al v. Biomet, Inc. et al
| Charles Hess, Marty Higgins, Robert "Glen" McCormick, Ronald Papa, Al Tornquist and Frank Shera |
| Biomet, Inc. and Zimmer Biomet Holdings, Inc. |
| 3:2016cv00208 |
| April 4, 2016 |
| US District Court for the Northern District of Indiana |
| South Bend Office |
| XX US, Outside State |
| Rudy Lozano |
| Christopher A Nuechterlein |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
413
OPINION AND ORDER: The Court finds that Mr. Flemings baseless arguments warrant sanctions under Federal Rule of Civil Procedure 11. Therefore, a fine in the amount of $1,000 is assessed against attorney Joshua Fleming. Mr. Fleming is to pay this monetary sanction to the clerk of court within fourteen days. Signed by Chief Judge Jon E DeGuilio on 11/30/2022. (jss)
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Filing
412
OPINION AND ORDER: The Court ORDERS the Defendants to produce a corporate representative to testify on the topics as set forth in the Opinion and Order. Within 28 days of this order, the Court ORDERS that the Defendants must submit to a deposition un der Rule 30(b)(6) of no more than three hours on these topics. Additionally, the Court RESCINDS the brightline entered in this case and refers further issues of discovery to the Honorable Michael G. Gotsch, Sr., United States Magistrate Judge. Signed by Chief Judge Jon E DeGuilio on 11/1/2022. (jss)
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Filing
404
OPINION AND ORDER: For the reasons set forth in the Opinion and Order, the Court DENIES Defendants' motion to grant judgment in its favor 391 . The Court DENIES Defendants' motion for a hearing or oral argument 398 . The Court GRANTS Plai ntiffs' motion for leave to file a surreply 399 . The Court also GRANTS Plaintiffs' motion for an award of Prejudgment interest 384 . Prior to entering final judgment, however, Plaintiffs will present updated computations from Mr. Soward including sales accruing after October 20, 2021 and interest on sales from data unavailable as of trial. Defense counsel are ORDERED to show cause within two weeks of entry of this order as to why sanctions should not be imposed. Signed by Chief Judge Jon E DeGuilio on 6/28/2022. (jss)
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Filing
389
OPINION AND ORDER: Defendants' motion for a judgment as a matter of law is DENIED 381 . If the Defendants intend to move on their remaining equitable affirmative defenses, they must do so 14 days after the issuance of this Order. Plaintiffs&# 039; response is due 14 days after Defendants' motion is filed and any reply must be filed 7 days after the response is filed. With regard to Plaintiffs' Motion for Prejudgment Interest 384 , the parties must comply with the standard motio n practice briefing schedule in Local Rule 7-1(d). To the extent the parties believe those motions require oral argument, they may request oral argument and explain why oral argument is necessary, consistent with Local Rule 7-5. With that, the Court DENIES AS MOOT Plaintiffs' Motion to Set Briefing Schedule 387 . Signed by Chief Judge Jon E DeGuilio on 11/22/2021. (mrm)
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Filing
355
OPINION AND ORDER: For the reasons set forth in the Opinion and Order, the Court GRANTS in-part Plaintiff's Motion to include a contra proferentem instruction DE 350 . Signed by Chief Judge Jon E DeGuilio on 7/20/2021. (jss)
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Filing
301
OPINION AND ORDER The parties' 224 and 241 motions in limine are granted in part and denied in part, as discussed in this order. The Court denies the 227 motion to strike Mr. Sowards' damages testimony, and grants the 233 motion to strike expert testimony by Mr. Callahan and Dr. Nevin. The Court grants in part the 295 joint motion to set deadlines for demonstrative and summary exhibits. Finally, the Court grants the parties' 300 joint motion for a status conference, and will contact counsel to set a status conference. Signed by Judge Jon E DeGuilio on 11/13/19. (kjp)
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Filing
210
OPINION AND ORDER DENYING 157 Motion for Reconsideration; GRANTING IN PART and DENYING IN PART 167 Motion for Partial Summary Judgment; GRANTING IN PART and DENYING IN PART 174 Motion for Summary Judgment; DENYING 186 Rule 56 Motion to Strike; DENYING 188 Motion for Oral Argument; and GRANTING 205 Motion to Seal. Signed by Judge Jon E DeGuilio on 3/20/19. (ksp)
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Filing
101
OPINION AND ORDER: The Court DENIES Plaintiffs emergency motion for a preservation order DE 91 however, once again REMINDS the parties, especially Defendants, of their duty to preserve evidence, RECOMMENDS that Zimmer Biomet direct all its employee s to preserve or otherwise prevent destruction of relevant evidence in all forms, electronic and non-electronic, and that Zimmer Biomet transmit this notification in both electronic (e.g., email, etc.) and non-electronic formats to all employees with control over relevant materials or documents, DENIES Plaintiffs motion for a telephonic status conference DE 93 , LIFTS the stay of the pending discovery disputes DE 94 , GRANTS Plaintiffs motion for discovery hearing DE 78 and SETS an in-court motion hearing on all pending discovery motions DE 58 , 66 , 76 , 96 and 97 and any other outstanding discovery matters for 3/6/2018 at 10:30 AM in US District Court - South Bend before Magistrate Judge Michael G Gotsch Sr, ORDERS the parties to meet and confer by 2/27/2018 to narrow further the scope of the remaining discovery disputes and ORDERS the parties to file a brief joint status report, not to exceed 5 pages, by 3/2/2018, reporting any resolution of discovery issues and outlining the issues that still require the Courts attention at the motion hearing. Signed by Magistrate Judge Michael G Gotsch, Sr on 2/16/18. (nal)
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Filing
47
OPINION AND ORDER granting in part and denying in part 18 Motion to Dismiss. Signed by Judge Rudy Lozano on 2/16/17. (ksp)
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