Shah et al v. Zimmer Biomet Holdings, Inc. et al
Plaintiff: Shah, Local 1500 UFCW, Rajesh M Shah, Matt Brierley, Eric Levy and Steven Castillo
Defendant: Zimmer Biomet Holdings, Inc, J.P. Morgan Securities LLC, Betsy J Bernard, GS LVB Co-Invest, L.P., Private Equity Partners 2004 Direct Investment Fund L.P., Goldman, Sachs & Co., GS Capital Partners VI Fund, L.P., Michael W Michelson, Jeffrey K Rhodes, Daniel P. Florin, GS Capital Partners VI Parallel, L.P., Goldman Sachs BMET Investors Offshore Holdings, L.P., TPG Partners V, L.P., TPG LVB Co-Invest LLC, Private Equity Partners 2005 Direct L.P., Private Equity Partners IX Direct L.P., Gail K Boudreaux, PEP Bass Holdings, LLC, Christopher B Begley, KKR Biomet LLC, Robert J. Marshall, Jr., Larry Glasscock, David C Dvorak, Arthur J Higgins, Robert A Hagemann, GS Capital Partners VI GMBH & CO. KG, TPG FOF V-A, L.P., Cecil B Pickett PhD, TPG FOF V-B, L.P., GS Capital Partners VI Offshore Fund, L.P., Michael J. Farrell, TPG LVB Co-Invest II LLC, TPG Partners IV, L.P., Paul M Bisaro, Tony W Collins, Zimmer Biomet Holdings, Inc., Goldman Sachs BMET InvesTORS, L.P. and Cecil B Pickett
Case Number: 3:2016cv00815
Filed: December 2, 2016
Court: US District Court for the Northern District of Indiana
Office: South Bend Office
County: XX US, Outside State
Presiding Judge: Michael G Gotsch
Referring Judge: Philip P Simon
2 Judge: Theresa L Springmann
Nature of Suit: Securities/Commodities
Cause of Action: 15:78
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 22, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 22, 2019 Opinion or Order Filing 230 ORDER granting #227 Motion to Seal Documents. The Court DIRECTS the Clerk to retain Plaintiffs' Exhibits E [DE 229-1], J [DE 229-2], and L [DE 229-3] under seal. Signed by Magistrate Judge Michael G Gotsch, Sr on 8/22/19. (ksp)
August 20, 2019 Filing 229 Sealed Document re #225 Reply to Response to Motion, #228 Memorandum in Support, #226 Affidavit in Support of Motion,,, #227 MOTION to Seal Exhibits E, J and L to Mesropyan Declaration. (Attachments: #1 Exhibit E, #2 Exhibit J, #3 Exhibit L)(Prongay PHV, Robert)
August 20, 2019 Filing 228 MEMORANDUM in Support of #227 MOTION to Seal Exhibits E, J and L to Mesropyan Declaration filed by Matt Brierley, Steven Castillo, Rajesh M Shah, Local 1500 UFCW. (Prongay PHV, Robert)
August 20, 2019 Filing 227 MOTION to Seal Exhibits E, J and L to Mesropyan Declaration by Plaintiffs Matt Brierley, Steven Castillo, Rajesh M Shah, Local 1500 UFCW. (Prongay PHV, Robert)
August 20, 2019 Filing 226 AFFIDAVIT in Support re #193 MOTION to Certify Class and Appointment of Class Representatives and Class Counsel - Declaration of Vahe Mesropyan filed by Matt Brierley, Steven Castillo, Rajesh M Shah, Local 1500 UFCW. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG)(Prongay PHV, Robert)
August 20, 2019 Filing 225 REPLY to Response to Motion re #193 MOTION to Certify Class and Appointment of Class Representatives and Class Counsel filed by Matt Brierley, Steven Castillo, Rajesh M Shah. (Prongay PHV, Robert)
July 17, 2019 Filing 224 Sealed Document re #223 Memorandum in Opposition,,,,,. (Wolfla, Paul)
July 17, 2019 Filing 223 MEMORANDUM in Opposition to #193 MOTION to Certify Class and Appointment of Class Representatives and Class Counsel filed by Christopher B Begley, Betsy J Bernard, Paul M Bisaro, Gail K Boudreaux, Tony W Collins, David C Dvorak, Michael J. Farrell, Daniel P. Florin, Larry Glasscock, Robert A Hagemann, Arthur J Higgins, Robert J. Marshall, Jr, Michael W Michelson, Cecil B Pickett, Jeffrey K Rhodes, Zimmer Biomet Holdings, Inc.. (Attachments: #1 Exhibit Index, #2 Exhibit 1 - Deposition Testimony of Plaintiffs' Expert Professor Daniel R. Fischel, #3 Exhibit 2- Rebuttal Report of Professor Fischel in In re Sandisk LLC Securities Litigation, #4 Exhibit 3 - Declaration and Report of Professor Fischel in City of Sterling case, #5 Exhibit 4 - Expert Report of Vinita M. Juneja, Ph.D., #6 Exhibit 5 - Memorandum of Points and Authorities in Support of Plaintiffs' Motion to Exclude Fischel and Exclude Report of Fischel in Beaver Cty. Emps. case, #7 Exhibit 6 - Excerpts from Deposition of Professor Fischel in In re Sandisk LLC Securities Litigation, #8 Exhibit 7 - Deposition Testimony of Steven M. Hamill for Winslow Capital Management, #9 Exhibit 8 - Deposition Testimony of Brian J. Pratt for Wedge Capital Management, #10 Exhibit 9 - Deposition Testimony of Rajesh M. Shah, #11 Exhibit 10 - Deposition Testimony of Matthew Brierley)(Wolfla, Paul)
July 12, 2019 Set Deadlines. Defendants Opposition Brief due by 7/18/2019. (nal)
July 11, 2019 Opinion or Order Filing 222 ORDER the parties' joint motion to seal DE #219 is GRANTED. The Court ORDERS Defendants to file their Opposition Brief and all attendant exhibits as proposed [DE 219 at 6-286] by 7/18/19 with the redactions reflected in the instant motion on page 28 of Defendants' Opposition Brief [DE 219 at 39] and at 72:2-7, 73:3-24 in Exhibit 9 [DE 219 at 220-21]. Additionally, Defendants shall file, and the Clerk shall maintain, Exhibit 11 completely under seal. Signed by Magistrate Judge Michael G Gotsch, Sr on 7/11/19. (nal)
July 3, 2019 Filing 221 RESPONSE to Motion re #219 MOTION to Seal Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for Class Certification and Exhibits Thereto filed by Matt Brierley, Steven Castillo, Rajesh M Shah, Local 1500 UFCW. (Prongay PHV, Robert)
June 20, 2019 Filing 220 Sealed Document re #219 MOTION to Seal Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for Class Certification and Exhibits Thereto. (Wolfla, Paul)
June 20, 2019 Filing 219 MOTION to Seal Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for Class Certification and Exhibits Thereto by Defendants Christopher B Begley, Betsy J Bernard, Paul M Bisaro, Gail K Boudreaux, Tony W Collins, David C Dvorak, Michael J. Farrell, Daniel P. Florin, Larry Glasscock, Robert A Hagemann, Arthur J Higgins, Robert J. Marshall, Jr, Michael W Michelson, Cecil B Pickett, Jeffrey K Rhodes, Zimmer Biomet Holdings, Inc.. (Wolfla, Paul)
June 13, 2019 Opinion or Order Filing 218 ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION FOR WITHDRAWAL OF PLAINTIFF ERIC LEVY FROM ACTION. Party Eric Levy (Individually and On Behalf of All Others Similarly Situated) terminated. Attorney Andrew M McNeela PHV; Vahe Mesropyan PHV; Lesley F Portnoy PHV; Howard G Smith PHV; Leanne H Solish PHV; Emily C Finestone PHV and Jason L Krajcer PHV terminated. Signed by Magistrate Judge Michael G Gotsch, Sr on 6/13/19. (ksp)
June 7, 2019 Filing 217 AFFIDAVIT in Support re #215 MOTION to Withdraw [Unopposed Motion for Withdrawal of Plaintiff Eric Levy from Action] filed by Matt Brierley, Steven Castillo, Eric Levy, Rajesh M Shah, Local 1500 UFCW. (Prongay PHV, Robert)
June 7, 2019 Filing 216 MEMORANDUM in Support of #215 MOTION to Withdraw [Unopposed Motion for Withdrawal of Plaintiff Eric Levy from Action] filed by Matt Brierley, Steven Castillo, Eric Levy, Rajesh M Shah, Local 1500 UFCW. (Prongay PHV, Robert)
June 7, 2019 Filing 215 MOTION to Withdraw [Unopposed Motion for Withdrawal of Plaintiff Eric Levy from Action] by Plaintiffs Matt Brierley, Steven Castillo, Eric Levy, Rajesh M Shah, Local 1500 UFCW. (Prongay PHV, Robert)
June 3, 2019 Opinion or Order Filing 214 ORDER granting #213 Application to Appear Pro Hac Vice of Attorney Emily C Finestone PHV for Matt Brierley, Steven Castillo, Eric Levy, Rajesh M Shah, and Local 1500 UFCW. Signed by Magistrate Judge Michael G Gotsch, Sr on 06/03/2019. (ace)
May 30, 2019 Filing 213 Application for Attorney Emily C. Finestone to Appear Pro Hac Vice on behalf of Plaintiffs Rajesh M. Shah, Matt Brierley, Eric Levy, Steven Castillo and UFCW Local 1500. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3908743(Pro Hac Vice Temporary login, )
May 29, 2019 Filing 212 STATUS REPORT [Joint Status Report Concerning Mediator Selection] by Matt Brierley, Steven Castillo, Eric Levy, Rajesh M Shah, Local 1500 UFCW. (Prongay PHV, Robert)
May 20, 2019 Opinion or Order Filing 211 ORDER GRANTING #210 Motion for Extension of Time to File Response/Reply. Defendants' response to the motion for class certification to be filed by 6/20/2019 Plaintiffs' reply to be filed by 8/20/2019. Signed by Magistrate Judge Michael G Gotsch, Sr on 5/20/19. (ksp)
May 16, 2019 Filing 210 Joint MOTION for Extension of Time to File Response/Reply as to #191 Order on Motion for Extension of Time to File,, by Defendants Christopher B Begley, Betsy J Bernard, Paul M Bisaro, Gail K Boudreaux, Tony W Collins, David C Dvorak, Michael J. Farrell, Daniel P. Florin, Larry Glasscock, Robert A Hagemann, Arthur J Higgins, Robert J. Marshall, Jr, Michael W Michelson, Cecil B Pickett, Jeffrey K Rhodes, Zimmer Biomet Holdings, Inc.. (Wolfla, Paul)
May 10, 2019 Opinion or Order Filing 209 ORDER granting #207 Application to Appear Pro Hac Vice of Attorney Andrew M McNeela PHV for Matt Brierley, Steven Castillo, Eric Levy, Rajesh M Shah, and for Local 1500 UFCW. Signed by Magistrate Judge Michael G Gotsch, Sr on 5/10/2019. (mtr)
May 10, 2019 Opinion or Order Filing 208 ORDER granting #206 Application to Appear Pro Hac Vice of Attorney Nicholas E Hakun PHV for Christopher B Begley, Betsy J Bernard, Paul M Bisaro, Gail K Boudreaux Tony W Collins, David C Dvorak, Michael J. Farrell, Daniel P. Florin, Larry Glasscock, Robert A Hagemann, Arthur J Higgins, Robert J. Marshall, Jr, Michael W Michelson, Cecil B Pickett, Jeffrey K Rhodes, and Zimmer Biomet Holdings, Inc. Signed by Magistrate Judge Michael G Gotsch, Sr on 05/10/2019. (ace)
May 9, 2019 Filing 207 Application for Attorney Andrew McNeela to Appear Pro Hac Vice on behalf of Plaintiffs Rajesh M. Shah, Matt Brierley, Eric Levy, Steven Castillo and UFCW Local 1500. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3888121(Pro Hac Vice Temporary login, )
May 9, 2019 Filing 206 Application for Attorney Nicholas Evan Hakun, Esq. to Appear Pro Hac Vice on behalf of Defendants. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3887876(Pro Hac Vice Temporary login, )
May 8, 2019 Opinion or Order Filing 205 ORDER granting #204 Application to Appear Pro Hac Vice of Attorney Karen A Pieslak Pohlmann PHV for Christopher B Begley, Betsy J Bernard, Paul M Bisaro, Gail K Boudreaux, Tony W Collins, David C Dvorak, Michael J. Farrell, Daniel P. Florin, Larry Glasscock, Robert A Hagemann, Arthur J Higgins, Robert J. Marshall, Jr, Michael W Michelson, Cecil B Pickett, Jeffrey K Rhodes, and Zimmer Biomet Holdings, Inc. Signed by Magistrate Judge Michael G Gotsch, Sr on 05/08/20109. (ace)
May 6, 2019 Filing 204 Application for Attorney Karen A. Pieslak Pohlmann to Appear Pro Hac Vice on behalf of Defendants. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3883767(Pro Hac Vice Temporary login, )
April 30, 2019 Mediator Selection Deadline is 5/29/2019. (slm)
April 29, 2019 Filing 203 STATUS REPORT (Joint Status Report Concerning Selection of Mediator) by Matt Brierley, Steven Castillo, Eric Levy, Rajesh M Shah, Local 1500 UFCW. (Prongay PHV, Robert)
April 29, 2019 Opinion or Order Filing 202 ORDER granting #200 Application to Appear Pro Hac Vice of Attorney Amanda F Lashner PHV for Christopher B Begley, Betsy J Bernard, Amanda Paul M Bisaro, Gail K Boudreaux, Tony W Collins, David C Dvorak, Michael J. Farrell, Daniel P. Florin, Larry Glasscock, Robert A Hagemann, Arthur J Higgins, Robert J. Marshall, Jr, Michael W Michelson, Cecil B Pickett, Jeffrey K Rhodes and Zimmer Biomet Holdings, Inc. Signed by Magistrate Judge Michael G Gotsch, Sr on 4/29/2019. (mtr)
April 29, 2019 Filing 201 NOTICE of Change of Address/Contact Information (Press PHV, Ira)
April 26, 2019 Filing 200 Application for Attorney Amanda F. Lashner, Esq. to Appear Pro Hac Vice on behalf of Defendants. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3874863(Pro Hac Vice Temporary login, )
April 25, 2019 Opinion or Order Filing 199 ORDER granting #198 Application to Appear Pro Hac Vice of Attorney Natalie S Pang PHV for Rajesh M Shah. Signed by Magistrate Judge Michael G Gotsch, Sr on 4/25/2019. (mtr)
April 24, 2019 Filing 198 Application for Attorney Natalie S. Pang to Appear Pro Hac Vice on behalf of Plaintiffs. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3872983(Pro Hac Vice Temporary login, )
April 22, 2019 Opinion or Order Filing 197 ORDER granting #196 Application to Appear Pro Hac Vice of Attorney Kevin F Ruf PHV for Rajesh M Shah. Signed by Magistrate Judge Michael G Gotsch, Sr on 4/22/2019. (mtr)
April 19, 2019 Filing 196 Application for Attorney Kevin F. Ruf to Appear Pro Hac Vice on behalf of Plaintiffs. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3869557(Pro Hac Vice Temporary login, )
April 11, 2019 Filing 195 AFFIDAVIT in Support re #193 MOTION to Certify Class and Appointment of Class Representatives and Class Counsel filed by Matt Brierley, Steven Castillo, Eric Levy, Rajesh M Shah, Local 1500 UFCW. (Attachments: #1 Exhibit A - Expert Report of Daniel R. Fischel, #2 Exhibit B - Certification of Rajesh M. Shah, #3 Exhibit C - Glancy Prongay & Murray LLP Firm Resume, #4 Exhibit D - Katz Korin Cunningham PC Firm Resume)(Prongay PHV, Robert)
April 11, 2019 Filing 194 MEMORANDUM in Support of #193 MOTION to Certify Class and Appointment of Class Representatives and Class Counsel filed by Matt Brierley, Steven Castillo, Eric Levy, Rajesh M Shah, Local 1500 UFCW. (Prongay PHV, Robert)
April 11, 2019 Filing 193 MOTION to Certify Class and Appointment of Class Representatives and Class Counsel by Plaintiffs Matt Brierley, Steven Castillo, Eric Levy, Rajesh M Shah, Local 1500 UFCW. (Prongay PHV, Robert)
March 22, 2019 ***Amended Pleadings Deadline terminated. (sct)
March 21, 2019 Filing 192 AMENDED COMPLAINT [Second Amended Class Action Complaint for Violations of the Federal Securities Laws] against Christopher B Begley, Betsy J Bernard, Paul M Bisaro, Gail K Boudreaux, Tony W Collins, David C Dvorak, Michael J. Farrell, Daniel P. Florin, Larry Glasscock, Robert A Hagemann, Arthur J Higgins, Robert J. Marshall, Jr, Michael W Michelson, Cecil B Pickett PhD, Jeffrey K Rhodes, Zimmer Biomet Holdings, Inc., filed by Rajesh M Shah, Eric Levy, Matt Brierley, Local 1500 UFCW, Steven Castillo. (Attachments: #1 Exhibit A - December 21, 2016 Letter, #2 Exhibit B - Part I - July 31, 2017 Letter, #3 Exhibit B - Part II - July 31, 2017 Letter, #4 Exhibit C - Barney Complaint, #5 Exhibit D - November 2016 FDA Form 483, #6 Exhibit E - November 2015 FDA Form 483, #7 Exhibit F - February 2016 Letter, #8 Exhibit G - Martin Complaint)(Prongay PHV, Robert)
March 20, 2019 Opinion or Order Filing 191 ORDER GRANTING #190 Joint Motion for Extension of Time and Page Limits for Briefing on Anticipated Motion for Class Certification. Defendants shall file any response to Plaintiffs' anticipated motion for class certification by May 23, 2019, or six (6) weeks after Plaintiffs file their motion for class certification. Plaintiffs shall file any reply brief in support of their motion for class certification by June 20, 2019, or four (4) weeks after Defendants file their response. Defendants' response brief must not exceed 40 pages and Plaintiffs' reply brief must not exceed 30 pages. Signed by Magistrate Judge Michael G Gotsch, Sr on 3/20/19. (ksp)
March 19, 2019 Filing 190 Joint MOTION for Extension of Time to File for Page Limits and for Briefing on Anticipated Motion for Class Certification by Defendants Christopher B Begley, Betsy J Bernard, Paul M Bisaro, Gail K Boudreaux, Tony W Collins, David C Dvorak, Michael J. Farrell, Daniel P. Florin, Larry Glasscock, Robert A Hagemann, Arthur J Higgins, Robert J. Marshall, Jr, Michael W Michelson, Cecil B Pickett PhD, Jeffrey K Rhodes, Zimmer Biomet Holdings, Inc.. (Wolfla, Paul)
March 14, 2019 Opinion or Order Filing 189 ORDER GRANTING #186 Motion to Add Steven Castillo as a Named Plaintiff. Plaintiffs are ORDERED to file a revised version of their Second Amended Class Action Complaint for Violations of the Federal Securities Laws [DE 60] reflecting the interlineation of Steven Castillo as a named plaintiff to this action by March 21, 2019. The Court notes that Plaintiffs' "revised" Second Amended Class Action Complaint does not constitute an amendment to their pleading. Therefore, no answer or other responsive pleading under Fed. R. Civ. P. 12 is required or will be accepted. Signed by Magistrate Judge Michael G Gotsch, Sr on 3/14/19. (ksp)
March 4, 2019 Filing 188 AFFIDAVIT in Support re #186 MOTION to Add Steven Castillo as a Named Plaintiff [Unopposed] filed by Matt Brierley, Eric Levy, Rajesh M Shah, Local 1500 UFCW. (Attachments: #1 Exhibit 1 - Certification, #2 Exhibit 2 - Letter to Defense Counsel, #3 Exhibit 3 - Wilson v. LSB Industries Order)(Prongay PHV, Robert)
March 4, 2019 Filing 187 MEMORANDUM in Support of #186 MOTION to Add Steven Castillo as a Named Plaintiff [Unopposed] filed by Matt Brierley, Eric Levy, Rajesh M Shah, Local 1500 UFCW. (Prongay PHV, Robert)
March 4, 2019 Filing 186 MOTION to Add Steven Castillo as a Named Plaintiff [Unopposed] by Plaintiffs Matt Brierley, Eric Levy, Rajesh M Shah, Local 1500 UFCW. (Prongay PHV, Robert)
March 1, 2019 Opinion or Order Filing 185 ORDER re #184 Status Report filed by Zimmer Biomet Holdings, Inc. The Court EXTENDS the deadline to select a mediator to 4/29/2019. Signed by Magistrate Judge Michael G Gotsch, Sr on 3/1/19. (ksp)
February 28, 2019 Filing 184 STATUS REPORT Joint Status Report Concerning Selection of Mediator by Zimmer Biomet Holdings, Inc.. (Wolfla, Paul)
February 20, 2019 Opinion or Order Filing 183 OPINION AND ORDER DENYING #120 ZBH's Motion to Amend the Court's September 26, 2018 Opinion and Order to Include a Certification Under 28 U.S.C. 1292 (b) and Motion to Stay Proceedings Pending Appeal; GRANTING #165 Motion for Leave to File Supplemental Factual Exhibits; GRANTING #167 Motion to Seal Exhibits 1-3 of the Motion for Leave to File Supplemental Fact Exhibits; GRANTING #171 Motion for Order Allowing Parties to Refer to Confidential Documents at Hearing. The portions of the January 28, 2019 hearing which were under seal shall remain so. Signed by Judge Philip P Simon on 2/20/19. (ksp)
February 11, 2019 Filing 182 Upon review of the parties' Joint Status Report [DE 181], the Court SETS the deadline for Plaintiffs to file a motion for class certification of April 11, 2019. Additional briefing will be due according to the standard deadlines set forth in N.D. Ind. L.R. 7-1(d). Extensions of this schedule will be entertained by motion with a showing a good cause. See Fed. R. Civ. P. 6(b). Approved by Magistrate Judge Michael G Gotsch, Sr on 2/11/19. (cck)
February 7, 2019 Filing 181 STATUS REPORT Concerning Class Certification Schedule by Matt Brierley, Eric Levy, Rajesh M Shah, Local 1500 UFCW. (Prongay PHV, Robert)
February 5, 2019 Opinion or Order Filing 180 ORDER The Court GRANTS the parties request (DE #176 ). The deadline for the parties to name a mediator that they agree upon is EXTENDED until 02/28/2019. Signed by Magistrate Judge Michael G Gotsch, Sr on 2/5/2019. (sct)
February 5, 2019 Filing 179 SEALED TRANSCRIPT of Oral Argument held on 01/28/2019, before Judge Philip P. Simon. Court Reporter Stacy L. Drohosky, Telephone number (219) 852-3462. (sld)
February 5, 2019 Filing 178 TRANSCRIPT of Oral Argument held on 01/28/2019, before Judge Philip P. Simon. Court Reporter Stacy L. Drohosky, Telephone number (219) 852-3462. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Notice of Intent to Redact due 2/14/2019. Redaction Request due 2/26/2019. Redacted Transcript Deadline set for 3/8/2019. Release of Transcript Restriction set for 5/6/2019. (sld)
February 1, 2019 Opinion or Order Filing 177 ORDER granting #175 Application to Appear Pro Hac Vice of Attorney Elizabeth M Gary PHV for Christopher B Begley, Betsy J Bernard, Paul M Bisaro, Gail K Boudreaux, Tony W Collins, David C Dvorak, Michael J. Farrell, Daniel P. Florin, Larry Glasscock, Robert A Hagemann, Arthur J Higgins, Robert J. Marshall, Jr, Michael W Michelson, Cecil B Pickett PhD, Jeffrey K Rhodes, and Zimmer Biomet Holdings, Inc. Signed by Magistrate Judge Michael G Gotsch, Sr on 2/1/2019. (mtr)
January 31, 2019 Filing 176 STATUS REPORT Joint Status Report Concerning Selection of Mediator by Zimmer Biomet Holdings, Inc.. (Wolfla, Paul)
January 30, 2019 Filing 175 Application for Attorney Elizabeth M. Gary to Appear Pro Hac Vice on behalf of Defendants. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3796583(Pro Hac Vice Temporary login, )
January 28, 2019 Filing 174 HEARING held on 1/28/2019 before Judge Philip P Simon. Pla appeared by attys Jason L. Krajcer, Leanne H. Solish, Robert V. Prongay and Thomas W. Elrod and Offer Korin. Defense is present by attys Laura H. McNally, Marc J. Sonnenfeld and Troy S. Brown. Argument on [120, 165, 167 and 171]. (Court Reporter Stacy Drohosky.) (nac)
January 22, 2019 Filing 173 RESPONSE to Motion re #165 MOTION for Leave to File Supplemental Submission In Opposition to Defendants' 1292(b) Motion filed by Zimmer Biomet Holdings, Inc.. (Wolfla, Paul)
January 17, 2019 Filing 172 MEMORANDUM in Support of #171 MOTION for Order Allowing Parties to Refer to Confidential Documents and Information at Hearing of Defendants' 1292(b) Motion re 162 Notice of Hearing on Motion, #120 MOTION to Amend/Correct #119 Order on Motion to Dismiss for Failure filed by Matt Brierley, Eric Levy, Rajesh M Shah, Local 1500 UFCW. (Prongay PHV, Robert)
January 17, 2019 Filing 171 MOTION for Order Allowing Parties to Refer to Confidential Documents and Information at Hearing of Defendants' 1292(b) Motion re 162 Notice of Hearing on Motion, #120 MOTION to Amend/Correct #119 Order on Motion to Dismiss for Failure to State a Claim,,,,,,,,,,, by Plaintiffs Matt Brierley, Eric Levy, Rajesh M Shah, Local 1500 UFCW. (Prongay PHV, Robert)
January 17, 2019 Filing 170 REDACTION to #169 Sealed Document, by Matt Brierley, Eric Levy, Rajesh M Shah, Local 1500 UFCW. (Attachments: #1 Exhibit 1 - Placeholder, #2 Exhibit 2 - Placeholder, #3 Exhibit 3 - Placeholder, #4 Exhibit 4 - Letter to SEC, #5 Exhibit 5 - Barney Complaint, #6 Exhibit 6 - Proxy Statement)(Prongay PHV, Robert)
January 17, 2019 Filing 169 Sealed Document re #167 MOTION to Seal (1) [Proposed] Supplemental Submission In Opposition to Defendants' 1292(b) Motion and (2) Exhibits 1-3 Thereto, #165 MOTION for Leave to File Supplemental Submission In Opposition to Defendants' 1292(b) Motion. (Attachments: #1 Exhibit A - Proposed Supplemental Submission, #2 Exhibit 1 - Confidential Document, #3 Exhibit 2 - Confidential Document, #4 Exhibit 3 - Confidential Document)(Prongay PHV, Robert)
January 17, 2019 Filing 168 MEMORANDUM in Support of #167 MOTION to Seal (1) [Proposed] Supplemental Submission In Opposition to Defendants' 1292(b) Motion and (2) Exhibits 1-3 Thereto filed by Matt Brierley, Eric Levy, Rajesh M Shah, Local 1500 UFCW. (Prongay PHV, Robert)
January 17, 2019 Filing 167 MOTION to Seal (1) [Proposed] Supplemental Submission In Opposition to Defendants' 1292(b) Motion and (2) Exhibits 1-3 Thereto by Plaintiffs Matt Brierley, Eric Levy, Rajesh M Shah, Local 1500 UFCW. (Prongay PHV, Robert)
January 17, 2019 Filing 166 MEMORANDUM in Support of #165 MOTION for Leave to File Supplemental Submission In Opposition to Defendants' 1292(b) Motion filed by Matt Brierley, Eric Levy, Rajesh M Shah, Local 1500 UFCW. (Attachments: #1 Exhibit A - Proposed Supplemental Submission, #2 Exhibit 1 - Placeholder, #3 Exhibit 2 - Placeholder, #4 Exhibit 3 - Placeholder, #5 Exhibit 4 - Letter to SEC, #6 Exhibit 5 - Barney Complaint, #7 Exhibit 6 - Proxy Statement)(Prongay PHV, Robert)
January 17, 2019 Filing 165 MOTION for Leave to File Supplemental Submission In Opposition to Defendants' 1292(b) Motion by Plaintiffs Matt Brierley, Eric Levy, Rajesh M Shah, Local 1500 UFCW. (Prongay PHV, Robert)
January 17, 2019 Opinion or Order Filing 164 ORDER granting #163 Application to Appear Pro Hac Vice of Attorney Howard G Smith PHV for Matt Brierley, Eric Levy, Rajesh M Shah, and Local 1500 UFCW. Signed by Magistrate Judge Michael G Gotsch, Sr on 1/17/2019. (mtr)
January 16, 2019 Filing 163 Application for Attorney Howard G. Smith to Appear Pro Hac Vice on behalf of Rajesh Shah, Matt Brierley, Eric Levy, and UFCW Local 1500. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3784725(Pro Hac Vice Temporary login, )
January 10, 2019 Filing 162 NOTICE of Hearing on Motion #120 MOTION to Amend/Correct #119 Order on Motion to Dismiss for Failure to State a Claim,,,,,,,,,,, : In Person Motion Hearing set for 1/28/2019 09:30 AM (Central/Hammond time) in US District Court - Hammond before Judge Philip P Simon. (nac)
January 2, 2019 Opinion or Order Filing 161 STIPULATION REGARDING THE PRODUCTION OF DISCOVERY AS AMENDED, re #160 STIPULATION and [Proposed] Order Regarding the Production of Discovery filed by Rajesh M Shah, Matt Brierley, Local 1500 UFCW, Eric Levy. Signed by Magistrate Judge Michael G Gotsch, Sr on 1/2/19. (ksp)
December 28, 2018 Filing 160 STIPULATION and [Proposed] Order Regarding the Production of Discovery by Plaintiffs Matt Brierley, Eric Levy, Rajesh M Shah, Local 1500 UFCW. (Prongay PHV, Robert)
December 17, 2018 Opinion or Order Filing 159 AGREED CONFIDENTIALITY ORDER granting #157 Stipulation. Signed by Magistrate Judge Michael G Gotsch, Sr on 12/17/18. (kjp)
December 13, 2018 Opinion or Order Filing 158 ORDER granting #156 Application to Appear Pro Hac Vice of Attorney Laura H McNally PHV for Christopher B Begley, Betsy J Bernard, Paul M Bisaro, Gail K Boudreaux, Tony W Collins, David C Dvorak, Michael J. Farrell, Daniel P. Florin, Larry Glasscock, Robert A Hagemann, Arthur J Higgins, Robert J. Marshall, Jr, Michael W Michelson, Cecil B Pickett PhD, Jeffrey K Rhodes, and Zimmer Biomet Holdings, Inc. Signed by Magistrate Judge Michael G Gotsch, Sr on 12/13/2018. (mtr)
December 13, 2018 Filing 157 Agreed STIPULATION for Confidentiality Order by Plaintiffs Matt Brierley, Eric Levy, Rajesh M Shah, Local 1500 UFCW. (Prongay PHV, Robert)
December 12, 2018 Filing 156 Application for Attorney Laura Hughes McNally to Appear Pro Hac Vice on behalf of Defendants. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3757623(Pro Hac Vice Temporary login, )
December 10, 2018 Filing 155 RESPONSE to Motion re #120 MOTION to Amend/Correct #119 Order on Motion to Dismiss for Failure to State a Claim,,,,,,,,,,, filed by Matt Brierley, Eric Levy, Rajesh M Shah, Local 1500 UFCW. *Docketed per #154 * (lhc)
December 10, 2018 Opinion or Order Filing 154 ORDER GRANTING #128 Joint MOTION to Seal Exhibit and Portions of Opposition Brief by Defendants. The Court DIRECTS the Clerk to retain Plaintiffs' Opposition #126 and Exhibit A [DE #127 -1] under seal. Additionally, the Court DIRECTS the Clerk to separately file the redacted version of Plaintiffs' Opposition as attached. Signed by Magistrate Judge Michael G Gotsch, Sr on 12/10/2018. (lhc)
December 6, 2018 Filing 153 Zimmer Defendants' Response to Sur-Reply in Opposition to Motion to Amend the Court's September 26, 2018 Opinion and Order by Christopher B Begley, Betsy J Bernard, Paul M Bisaro, Gail K Boudreaux, Tony W Collins, David C Dvorak, Michael J. Farrell, Daniel P. Florin, Larry Glasscock, Robert A Hagemann, Arthur J Higgins, Robert J. Marshall, Jr, Michael W Michelson, Cecil B Pickett PhD, Jeffrey K Rhodes, Zimmer Biomet Holdings, Inc. to #149 Memorandum in Support, . (Wolfla, Paul)
November 30, 2018 Filing 152 RESPONSE by Matt Brierley, Eric Levy, Rajesh M Shah, Local 1500 UFCW to #151 Order, #128 Joint MOTION to Seal Exhibit and Portions of Opposition Brief . (Prongay PHV, Robert)
November 29, 2018 Opinion or Order Filing 151 ORDER: On November 26, 2018, Defendants timely filed their Reply in Support of Joint Motion to Seal Exhibit and Portions of Opposition Brief. [DE 143]. The Court AFFORDS Plaintiffs until December 3, 2018, to file any necessary sur-reply as requested in their Response to Order on the Joint Motion to Seal Exhibit and Portions of Opposition Brief [DE 142]. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/29/18. (ksp)
November 29, 2018 Opinion or Order Filing 150 ORDER GRANTING #148 Motion for Leave to File Surreply. Plaintiffs' surreply [DE 149-1] shall be deemed filed as of the date of this Order. If they wish, defendants may file a response to the substance of the surreply on or before December 6, 2018. Defendants' brief shall be no longer than five pages and shall address only those issues raised in the surreply and not repeat prior arguments. No further filings related to Defendants' Motion to Amend the Court's 9/26/2018 Opinion and to Include a Certification under 28 U.S.C. Section 1292(B) and Motion to Stay Proceedings Pending Appeal shall be filed except upon express leave of court. Signed by Judge Philip P Simon on 11/29/18. (ksp)
November 28, 2018 Filing 149 MEMORANDUM in Support of #148 MOTION for Leave to File Surreply in Opposition to Defendants' Motion to Amend Court's 9/26/2018 Opinion and Order to Include a Certification under 28 U.S.C. Section 1292(B) and Motion to Stay Proceedings Pending Appeal filed by Matt Brierley, Eric Levy, Rajesh M Shah, Local 1500 UFCW. (Attachments: #1 Exhibit A - [Proposed] Surreply)(Prongay PHV, Robert)
November 28, 2018 Filing 148 MOTION for Leave to File Surreply in Opposition to Defendants' Motion to Amend Court's 9/26/2018 Opinion and Order to Include a Certification under 28 U.S.C. Section 1292(B) and Motion to Stay Proceedings Pending Appeal by Plaintiffs Matt Brierley, Eric Levy, Rajesh M Shah, Local 1500 UFCW. (Prongay PHV, Robert)
November 27, 2018 Filing 147 RESPONSE by Matt Brierley, Eric Levy, Rajesh M Shah, Local 1500 UFCW to #145 Notice (Other) . (Prongay PHV, Robert)
November 27, 2018 Filing 146 TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 11/27/2018.before Magistrate Judge Michael G Gotsch, Sr. Pla appeared by atty Krajcer, Solish, Prongay, Elrod. Dft appeared by atty Wolfla, Brown, McCaughey. Any amendments to the pleadings to be filed by 3/13/2020. Fact Discovery deadline is 5/20/2020. Expert Discovery deadline is 8/25/2020.Opening Expert Reports by 6/12/2020. Rebuttal expert reports by 07/12/2020. Initial Disclosures to be exchanged by 12/17/2018. Mediator Selection Deadline is 1/31/2019. Magistrate Consent forms due by 12/18/2018.) (slm)
November 27, 2018 Filing 145 NOTICE by Zimmer Biomet Holdings, Inc. Notice of Supplemental Authority (Attachments: #1 Exhibit Exhibit A to Notice of Supplemental Authority)(Kinsman, Matthew)
November 26, 2018 Opinion or Order Filing 144 ORDER finding moot #141 Application to Appear Pro Hac Vice of Attorney. The Court has learned Attorney Binkow is a fully admitted member of this bar. The Court directs the Clerk to refund the pro hac vice filing fee of $96. Text entry/no pfd order to be issued. Approved by Magistrate Judge Michael G Gotsch, Sr on 11/26/18. (slm)
November 26, 2018 Filing 143 REPLY to Response to Motion re #128 Joint MOTION to Seal Exhibit and Portions of Opposition Brief filed by Christopher B Begley, Betsy J Bernard, Paul M Bisaro, Gail K Boudreaux, Tony W Collins, David C Dvorak, Michael J. Farrell, Daniel P. Florin, Larry Glasscock, Robert A Hagemann, Arthur J Higgins, Robert J. Marshall, Jr, Michael W Michelson, Cecil B Pickett PhD, Jeffrey K Rhodes, Zimmer Biomet Holdings, Inc.. (Attachments: #1 Declaration of Heather Kidwell in Support of Defendants' Reply in Support of Joint Motion to Seal)(Wolfla, Paul)
November 24, 2018 Filing 142 RESPONSE by Matt Brierley, Eric Levy, Rajesh M Shah, Local 1500 UFCW to #130 Order,,, Set Deadlines,, . (Prongay PHV, Robert)
November 21, 2018 Filing 141 Application for Attorney Peter A. Binkow to Appear Pro Hac Vice on behalf of Plaintiffs Rajesh M. Shah, Matt Brierly, Eric Levy, and UFCW Local 1500. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3740321(Pro Hac Vice Temporary login, )
November 15, 2018 Filing 140 NOTICE of Appearance by Matthew R Kinsman on behalf of Christopher B Begley, Betsy J Bernard, Paul M Bisaro, Gail K Boudreaux, Tony W Collins, David C Dvorak, Michael J. Farrell, Daniel P. Florin, Larry Glasscock, Robert A Hagemann, Arthur J Higgins, Robert J. Marshall, Jr, Michael W Michelson, Cecil B Pickett PhD, Jeffrey K Rhodes, Zimmer Biomet Holdings, Inc. (Kinsman, Matthew)
November 15, 2018 Opinion or Order Filing 139 ORDER granting #137 Application to Appear Pro Hac Vice of Attorney Vahe Mesropyan PHV for Matt Brierley, Eric Levy, Rajesh M Shah, and Local 1500 UFCW. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/15/2018. (mtr)
November 15, 2018 Opinion or Order Filing 138 ORDER granting #136 Application to Appear Pro Hac Vice of Attorney Leanne H Solish PHV for Matt Brierley, Eric Levy, Rajesh M Shah, and Local 1500 UFCW. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/15/2018. (mtr)
November 14, 2018 Filing 137 Application for Attorney Vahe Mesropyan to Appear Pro Hac Vice on behalf of Plaintiffs Rajesh M. Shah, Matt Brierly, Eric Levy, and UFCW Local 1500. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3733706 (Attachments: #1 Exhibit - Certificate of Good Standing)(Pro Hac Vice Temporary login, )
November 14, 2018 Filing 136 Application for Attorney Leanne H. Solish to Appear Pro Hac Vice on behalf of Plaintiffs Rajesh M. Shah, Matt Brierly, Eric Levy, and UFCW Local 1500. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3733703 (Attachments: #1 Exhibit - Certificate of Good Standing)(Pro Hac Vice Temporary login, )
November 14, 2018 Filing 135 NOTICE by Christopher B Begley, Betsy J Bernard, Paul M Bisaro, Gail K Boudreaux, Tony W Collins, David C Dvorak, Michael J. Farrell, Daniel P. Florin, Larry Glasscock, Robert A Hagemann, Arthur J Higgins, Robert J. Marshall, Jr, Michael W Michelson, Cecil B Pickett PhD, Jeffrey K Rhodes, Zimmer Biomet Holdings, Inc. re #134 Amended Answer to Complaint, for Violations of the Federal Securities Laws (Wolfla, Paul)
November 14, 2018 Filing 134 AMENDED ANSWER to Plaintiff's Second #60 Amended Complaint,,,,, for Violations of the Federal Securities Laws by Christopher B Begley, Betsy J Bernard, Paul M Bisaro, Gail K Boudreaux, Tony W Collins, David C Dvorak, Michael J. Farrell, Daniel P. Florin, Larry Glasscock, Robert A Hagemann, Arthur J Higgins, Robert J. Marshall, Jr, Michael W Michelson, Cecil B Pickett PhD, Jeffrey K Rhodes, Zimmer Biomet Holdings, Inc.. (Wolfla, Paul)
November 13, 2018 Filing 133 REPLY to Response to Motion re #120 MOTION to Amend/Correct #119 Order on Motion to Dismiss for Failure to State a Claim,,,,,,,,,,, and Order to Include a Certification Under 28 U.S.C. 1292(b) and Motion to Stay Proceedings Pending Appeal filed by Christopher B Begley, Betsy J Bernard, Paul M Bisaro, Gail K Boudreaux, Tony W Collins, David C Dvorak, Michael J. Farrell, Daniel P. Florin, Larry Glasscock, Robert A Hagemann, Arthur J Higgins, Robert J. Marshall, Jr, Michael W Michelson, Cecil B Pickett PhD, Jeffrey K Rhodes, Zimmer Biomet Holdings, Inc.. (Wolfla, Paul)
November 12, 2018 Filing 132 REPORT of Rule 26(f) Planning Meeting. (Prongay PHV, Robert)
November 12, 2018 Filing 131 ANSWER and Jury Demand to #60 Amended Complaint,,,,, (Second Amended Class Action Complaint for Violations of the Federal Securities Law) by Christopher B Begley, Betsy J Bernard, Paul M Bisaro, Gail K Boudreaux, Tony W Collins, David C Dvorak, Michael J. Farrell, Daniel P. Florin, Larry Glasscock, Robert A Hagemann, Arthur J Higgins, Robert J. Marshall, Jr, Michael W Michelson, Cecil B Pickett PhD, Jeffrey K Rhodes, Zimmer Biomet Holdings, Inc..(Wolfla, Paul) Modified on 11/13/2018 (kjp).
November 8, 2018 Opinion or Order Filing 130 ORDER: The Court will DEFER ruling on the parties' motion [DE 128] to allow the parties an opportunity to provide authority to show that good cause exists to maintain the Exhibits, and references to it, under seal despite its public disclosure. Any brief on this issue must be filed by November 26, 2018. In the mean time, the Court DIRECTS the Clerk to maintain the Opposition [DE 126] and Exhibit [DE 127-1] under seal until the Court can resolve the instant motion. Should the parties choose not to file any additional support for sealing the Exhibit and redacting the Opposition by November 26th, the Court will deny the parties' motion to seal. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/8/18. (ksp)
November 2, 2018 Opinion or Order Filing 129 ORDER: The Court SETS both the Barney and Shah Cases for a joint telephonic status conference on 11/27/2018 at 10:30 AM (EST) in US District Court - South Bend before Magistrate Judge Michael G Gotsch Sr. Counsel for all parties should be prepared to discuss case management issues. The Court will call all counsel listed on both docket sheets unless it is notified that specified attorneys need not be contacted. If, at the time of the scheduled conference, you will not be at the telephone number identified on the docket, please contact chambers. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/2/18. (ksp)
November 1, 2018 Filing 128 Joint MOTION to Seal Exhibit and Portions of Opposition Brief by Defendants Christopher B Begley, Betsy J Bernard, Paul M Bisaro, Gail K Boudreaux, Tony W Collins, David C Dvorak, Michael J. Farrell, Daniel P. Florin, Larry Glasscock, Robert A Hagemann, Arthur J Higgins, Robert J. Marshall, Jr, Cecil B Pickett PhD, Zimmer Biomet Holdings, Inc.. (Attachments: #1 Exhibit 1)(Wolfla, Paul)
October 30, 2018 Filing 127 AFFIDAVIT in Opposition re #120 MOTION to Amend/Correct #119 Order on Motion to Dismiss for Failure to State a Claim,,,,,,,,,,, filed by Matt Brierley, Eric Levy, Rajesh M Shah, Local 1500 UFCW. (Attachments: #1 Exhibit A - Powerpoint Presentation)(Prongay PHV, Robert)
October 30, 2018 Filing 126 RESPONSE to Motion re #120 MOTION to Amend/Correct #119 Order on Motion to Dismiss for Failure to State a Claim,,,,,,,,,,, filed by Matt Brierley, Eric Levy, Rajesh M Shah, Local 1500 UFCW. (Prongay PHV, Robert)
October 19, 2018 Opinion or Order Filing 125 ORDER granting #124 Motion for Extension of Time to File Response/Reply. Response re #120 to be filed by 10/30/2018. Any Reply re #120 to be filed by 11/13/2018. Approved by Magistrate Judge Michael G Gotsch, Sr on 10/19/18. (cck)
October 16, 2018 Filing 124 MOTION for Extension of Time to File Response/Reply as to #120 MOTION to Amend/Correct #119 Order on Motion to Dismiss for Failure to State a Claim,,,,,,,,,,, [Unopposed] by Plaintiffs Matt Brierley, Eric Levy, Rajesh M Shah, Local 1500 UFCW. (Prongay PHV, Robert)
October 15, 2018 Opinion or Order Filing 123 ORDER re #60 GRANTING #122 MOTION for Extension of Time to File Answer. Zimmer Biomet Holdings, Inc. answer due 11/12/2018.Approved by Magistrate Judge Michael G Gotsch, Sr on 10/15/18. (slm)
October 12, 2018 Filing 122 MOTION for Extension of Time to File Answer by Defendants Christopher B Begley, Betsy J Bernard, Paul M Bisaro, Gail K Boudreaux, Tony W Collins, David C Dvorak, Michael J. Farrell, Daniel P. Florin, Larry Glasscock, Robert A Hagemann, Arthur J Higgins, Robert J. Marshall, Jr, Michael W Michelson, Cecil B Pickett PhD, Jeffrey K Rhodes, Zimmer Biomet Holdings, Inc.. (Wolfla, Paul)
October 9, 2018 Filing 121 MEMORANDUM in Support of #120 MOTION to Amend/Correct #119 Order on Motion to Dismiss for Failure to State a Claim,,,,,,,,,,, filed by Christopher B Begley, Betsy J Bernard, Paul M Bisaro, Gail K Boudreaux, Tony W Collins, David C Dvorak, Michael J. Farrell, Daniel P. Florin, Larry Glasscock, Robert A Hagemann, Arthur J Higgins, Robert J. Marshall, Jr, Cecil B Pickett PhD, Zimmer Biomet Holdings, Inc.. (Wolfla, Paul)
October 9, 2018 Filing 120 MOTION to Amend/Correct #119 Order on Motion to Dismiss for Failure to State a Claim,,,,,,,,,,, by Defendants Christopher B Begley, Betsy J Bernard, Paul M Bisaro, Gail K Boudreaux, Tony W Collins, David C Dvorak, Michael J. Farrell, Daniel P. Florin, Larry Glasscock, Robert A Hagemann, Arthur J Higgins, Robert J. Marshall, Jr, Cecil B Pickett PhD, Zimmer Biomet Holdings, Inc.. (Wolfla, Paul)
September 26, 2018 Opinion or Order Filing 119 OPINION AND ORDER: Defendants' Motion to Strike Pursuant to Rule 12(f) is DENIED. ZBH's #94 Motion to Dismiss is DENIED. The ZBH Management's and ZBH Director's #94 Motions to Dismiss are DENIED. The Private Equity Defendants' #96 , #98 , and #99 Motion to Dismiss is GRANTED WITHOUT PREJUDICE, as Count III and Count IV as outlined. The Private Equity Defendants' #96 , #98 , and #99 Motion to Dismiss is GRANTED WITH PREJUDICE, as to Count VI and Count IX as outlined. Signed by Judge Philip P Simon on 9/26/2018. (tc)
September 24, 2018 Opinion or Order Filing 118 ORDER granting MOTION to Withdraw Appearance of Counsel Attorney Michael A Feldstein PHV. Attorney Michael A Feldstein PHV terminated. Motion terminated: #117 . Approved by Magistrate Judge Michael G Gotsch, Sr on 9/24/18. (slm)
September 21, 2018 Filing 117 MOTION to Withdraw Appearance of Counsel by Defendants GS Capital Partners VI Fund, L.P., GS Capital Partners VI GMBH & CO. KG, GS Capital Partners VI Offshore Fund, L.P., GS Capital Partners VI Parallel, L.P., GS LVB Co-Invest, L.P., Goldman Sachs BMET InvesTORS, L.P., Goldman Sachs BMET Investors Offshore Holdings, L.P., PEP Bass Holdings, LLC, Private Equity Partners 2004 Direct Investment Fund L.P., Private Equity Partners 2005 Direct L.P., Private Equity Partners IX Direct L.P.. (Casey, Brian)
September 12, 2018 Filing 116 Zimmer Defendants' Response to Plaintiffs' Notice of Supplemental Authority in Support of Omnibus Opposition to Dismiss the Second Amended Complaint by Christopher B Begley, Betsy J Bernard, Paul M Bisaro, Gail K Boudreaux, Tony W Collins, David C Dvorak, Michael J. Farrell, Daniel P. Florin, Larry Glasscock, Robert A Hagemann, Arthur J Higgins, Robert J. Marshall, Jr, Cecil B Pickett PhD, Zimmer Biomet Holdings, Inc. to #115 Notice (Other) . (Wolfla, Paul)
September 5, 2018 Filing 115 NOTICE by Matt Brierley, Eric Levy, Rajesh M Shah, Local 1500 UFCW re #108 Response to Motion,, (Attachments: #1 Exhibit A - Pension Trust Fund v. Kohl's Corp.)(Prongay PHV, Robert)
July 3, 2018 Opinion or Order Filing 114 ORDER granting #113 Motion to Withdraw as Attorney. Attorney Christopher G Green PHV terminated.Approved by Magistrate Judge Michael G Gotsch, Sr on 7/3/18. (slm)
July 2, 2018 Filing 113 MOTION to Withdraw as Attorney by Christopher G. Green by Defendants Jeffrey K Rhodes, TPG FOF V-A, L.P., TPG FOF V-B, L.P., TPG LVB Co-Invest II LLC, TPG LVB Co-Invest LLC, TPG Partners IV, L.P., TPG Partners V, L.P.. (McCaughey PHV, Daniel)
May 18, 2018 Filing 112 REPLY to Response to Motion re #96 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to the Second Amended Complaint filed by GS Capital Partners VI Fund, L.P., GS Capital Partners VI GMBH & CO. KG, GS Capital Partners VI Offshore Fund, L.P., GS Capital Partners VI Parallel, L.P., GS LVB Co-Invest, L.P., Goldman Sachs BMET InvesTORS, L.P., Goldman Sachs BMET Investors Offshore Holdings, L.P., PEP Bass Holdings, LLC, Private Equity Partners 2004 Direct Investment Fund L.P., Private Equity Partners 2005 Direct L.P., Private Equity Partners IX Direct L.P.. (Feldstein PHV, Michael)
May 18, 2018 Filing 111 REPLY to Response to Motion re #98 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Second Amended Complaint, #99 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Second Amended Complaint filed by KKR Biomet LLC, Michael W Michelson, Jeffrey K Rhodes, TPG FOF V-A, L.P., TPG FOF V-B, L.P., TPG LVB Co-Invest LLC, TPG Partners IV, L.P., TPG Partners V, L.P.. (Green PHV, Christopher)
May 18, 2018 Filing 110 REPLY to Response to Motion re #94 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to the Second Amended Class Action Complaint for Violations of the Federal Securities Law filed by Christopher B Begley, Betsy J Bernard, Paul M Bisaro, Gail K Boudreaux, Tony W Collins, David C Dvorak, Michael J. Farrell, Daniel P. Florin, Larry Glasscock, Robert A Hagemann, Arthur J Higgins, Robert J. Marshall, Jr, Cecil B Pickett PhD, Zimmer Biomet Holdings, Inc.. (Wolfla, Paul)
March 13, 2018 Filing 109 AFFIDAVIT in Opposition re #96 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #99 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Second Amended Complaint, #98 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Second Amended Complaint, #94 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to the Second Amended Class Action Complaint for Violations of the Federal Securities Law filed by Matt Brierley, Eric Levy, Rajesh M Shah, Local 1500 UFCW. (Attachments: #1 Exhibit H - Stockholders Agreement, #2 Exhibit I - Earnings Call Transcript, #3 Exhibit J - FDA Form 483, #4 Exhibit K - FDA Form 483, #5 Exhibit L - Warning Letter, #6 Exhibit M - Email, #7 Exhibit N - J.P. Morgan Report, #8 Exhibit O - Earnings Call Transcript, #9 Exhibit P - Earnings Call Transcript, #10 Exhibit Q - Third Amended Complaint, #11 Exhibit R - Brief ISO MTD, #12 Exhibit S - Article, #13 Exhibit T - Consolidated Complaint, #14 Exhibit U - Opposition to MTD, #15 Exhibit V - Prospectus, #16 Exhibit W - Registration Statement)(Prongay PHV, Robert)
March 13, 2018 Filing 108 RESPONSE to Motion re #96 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #98 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Second Amended Complaint, #99 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Second Amended Complaint, #94 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to the Second Amended Class Action Complaint for Violations of the Federal Securities Law filed by Matt Brierley, Eric Levy, Rajesh M Shah, Local 1500 UFCW. (Prongay PHV, Robert)
January 26, 2018 Opinion or Order Filing 107 ORDER granting #106 Motion for Extension of Time to File. The deadline for Plaintiffs to file a response to Defendants pending motions to dismiss is EXTENDED until 3/13/18. The deadline for Defendants to file any replybriefs is EXTENDED until 5/18/18. Signed by Magistrate Judge Michael G Gotsch, Sr on 1/26/18. (nal)
January 24, 2018 Filing 106 MOTION for Extension of Time to File Opposition to Defendants' Motions to Dismiss [Unopposed], MOTION for Leave to File Excess Pages [Unopposed] by Plaintiffs Matt Brierley, Eric Levy, Rajesh M Shah, Local 1500 UFCW. (Prongay PHV, Robert)
January 23, 2018 Filing 105 Corporate Disclosure Statement by GS Capital Partners VI Fund, L.P., GS Capital Partners VI GMBH & CO. KG, GS Capital Partners VI Offshore Fund, L.P., GS Capital Partners VI Parallel, L.P., GS LVB Co-Invest, L.P., Goldman Sachs BMET InvesTORS, L.P., Goldman Sachs BMET Investors Offshore Holdings, L.P., PEP Bass Holdings, LLC, Private Equity Partners 2004 Direct Investment Fund L.P., Private Equity Partners 2005 Direct L.P., Private Equity Partners IX Direct L.P.. (Casey, Brian)
December 21, 2017 Filing 104 Corporate Disclosure Statement by TPG FOF V-A, L.P., TPG FOF V-B, L.P., TPG LVB Co-Invest II LLC, TPG LVB Co-Invest LLC, TPG Partners IV, L.P., TPG Partners V, L.P.. (Green PHV, Christopher)
December 21, 2017 Opinion or Order Filing 103 ORDER granting #89 Application to Appear Pro Hac Vice of Attorney John F Lynch PHV for GS Capital Partners VI Fund, L.P., GS Capital Partners VI GMBH & CO. KG, GS Capital Partners VI Offshore Fund, L.P., GS Capital Partners VI Parallel, L.P., GS LVB Co-Invest, L.P., Goldman Sachs BMET InvesTORS, L.P., Goldman Sachs BMET Investors Offshore Holdings, L.P., PEP Bass Holdings, LLC, Private Equity Partners 2004 Direct Investment Fund L.P., Private Equity Partners 2005 Direct L.P., and Private Equity Partners IX Direct L.P. Signed by Magistrate Judge Michael G Gotsch, Sr on 12/21/17. (mtr)
December 21, 2017 Filing 102 Corporate Disclosure Statement by KKR Biomet LLC identifying Corporate Parent KKR 2006 Fund L.P., Other Affiliate KKR & Co. L.P. for KKR Biomet LLC.. (Kazanoff PHV, Peter)
December 20, 2017 Filing 101 AFFIDAVIT in Support re #99 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Second Amended Complaint, #98 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Second Amended Complaint of Daniel V. McCaughey filed by KKR Biomet LLC, Michael W Michelson, Jeffrey K Rhodes, TPG FOF V-A, L.P., TPG FOF V-B, L.P., TPG LVB Co-Invest LLC, TPG Partners IV, L.P., TPG Partners V, L.P.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Green PHV, Christopher)
December 20, 2017 Filing 100 MEMORANDUM in Support of #98 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Second Amended Complaint, #99 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Second Amended Complaint filed by KKR Biomet LLC, Michael W Michelson, Jeffrey K Rhodes, TPG FOF V-A, L.P., TPG FOF V-B, L.P., TPG LVB Co-Invest LLC, TPG Partners IV, L.P., TPG Partners V, L.P.. (Attachments: #1 Appendix A)(Green PHV, Christopher)
December 20, 2017 Filing 99 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Second Amended Complaint by Defendants KKR Biomet LLC, Michael W Michelson. (Kazanoff PHV, Peter)
December 20, 2017 Filing 98 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Second Amended Complaint by Defendants Jeffrey K Rhodes, TPG FOF V-A, L.P., TPG FOF V-B, L.P., TPG LVB Co-Invest LLC, TPG Partners IV, L.P., TPG Partners V, L.P.. (Green PHV, Christopher)
December 20, 2017 Filing 97 BRIEF in Support of #96 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Private Equity Partners IX Direct L.P., Goldman Sachs BMET InvesTORS, L.P., GS LVB Co-Invest, L.P., GS Capital Partners VI Fund, L.P., GS Capital Partners VI Offshore Fund, L.P., PEP Bass Holdings, LLC, Goldman Sachs BMET Investors Offshore Holdings, L.P., Private Equity Partners 2004 Direct Investment Fund L.P., GS Capital Partners VI Parallel, L.P., GS Capital Partners VI GMBH & CO. KG, Private Equity Partners 2005 Direct L.P.. (Casey, Brian)
December 20, 2017 Filing 96 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants GS Capital Partners VI Fund, L.P., GS Capital Partners VI GMBH & CO. KG, GS Capital Partners VI Offshore Fund, L.P., GS Capital Partners VI Parallel, L.P., GS LVB Co-Invest, L.P., Goldman Sachs BMET InvesTORS, L.P., Goldman Sachs BMET Investors Offshore Holdings, L.P., PEP Bass Holdings, LLC, Private Equity Partners 2004 Direct Investment Fund L.P., Private Equity Partners 2005 Direct L.P., Private Equity Partners IX Direct L.P.. (Casey, Brian)
December 20, 2017 Filing 95 BRIEF in Support of #94 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to the Second Amended Class Action Complaint for Violations of the Federal Securities Law filed by Paul M Bisaro, Zimmer Biomet Holdings, Inc., Christopher B Begley, Gail K Boudreaux, Tony W Collins, Michael J. Farrell, Arthur J Higgins, Robert A Hagemann, Larry Glasscock, David C Dvorak, Cecil B Pickett PhD, Daniel P. Florin, Betsy J Bernard, Robert J. Marshall, Jr. (Attachments: #1 Exhibit 1 - Biomet Warsaw 483 Report Issued on 6-30-2014, #2 Exhibit 2 - 2017-05-17 Analyst Conference, #3 Exhibit 3 - 2017-01-31 Conference Call, #4 Exhibit 4 - 2016-02-29 Excerpts of Form 10-K for year ended 12-31-2015, #5 Exhibit 5 - 2016-05-10 Excerpts of Form 10-Q for quarter ended 3-31-2016, #6 Exhibit 6 - 2016-06-07 Conference Call, #7 Exhibit 7 - Press Release, #8 Exhibit 8 - 2016-07-28 Conference Call, #9 Exhibit 9 - 2016-08-08 Excerpts of Form10-Q for quarter ended 6-30-2016, #10 Exhibit 10 - 2016-09-07 Wells Fargo Securities Healthcare Conference, #11 Exhibit 11 - 2016-09-12 Morgan Stanley Global Healthcare Conference, #12 Exhibit 12 - 2016-10-31 Confeence Call Tanscript)(Wolfla, Paul)
December 20, 2017 Filing 94 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to the Second Amended Class Action Complaint for Violations of the Federal Securities Law by Defendants Christopher B Begley, Betsy J Bernard, Paul M Bisaro, Gail K Boudreaux, Tony W Collins, David C Dvorak, Michael J. Farrell, Daniel P. Florin, Larry Glasscock, Robert A Hagemann, Arthur J Higgins, Robert J. Marshall, Jr, Cecil B Pickett PhD, Zimmer Biomet Holdings, Inc.. (Wolfla, Paul)
November 27, 2017 Opinion or Order Filing 93 ORDER granting #90 Application to Appear Pro Hac Vice of Attorney Paul Vizcarrondo PHV, Jr for GS Capital Partners VI Fund, L.P., GS Capital Partners VI GMBH & CO. KG, GS Capital Partners VI Offshore Fund, L.P., GS Capital Partners VI Parallel, L.P., GS LVB Co-Invest, L.P., Goldman Sachs BMET InvesTORS, L.P., Goldman Sachs BMET Investors Offshore Holdings, L.P., PEP Bass Holdings, LLC, Private Equity Partners 2004 Direct Investment Fund L.P., Private Equity Partners 2005 Direct L.P., and Private Equity Partners IX Direct L.P. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/27/17. (mtr)
November 27, 2017 Opinion or Order Filing 92 ORDER granting #88 Application to Appear Pro Hac Vice of Attorney Michael A Feldstein PHV for GS Capital Partners VI Fund, L.P., GS Capital Partners VI GMBH & CO. KG, GS Capital Partners VI Offshore Fund, L.P., GS Capital Partners VI Parallel, L.P., GS LVB Co-Invest, L.P., Goldman Sachs BMET InvesTORS, L.P., Goldman Sachs BMET Investors Offshore Holdings, L.P., PEP Bass Holdings, LLC, Private Equity Partners 2004 Direct Investment Fund L.P., Private Equity Partners 2005 Direct L.P., and Private Equity Partners IX Direct L.P. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/27/17. (mtr)
November 27, 2017 Opinion or Order Filing 91 ORDER granting #87 Application to Appear Pro Hac Vice of Attorney Daniel V McCaughey PHV for Jeffrey K Rhodes, TPG FOF V-A, L.P., TPG FOF V-B, L.P., TPG LVB Co-Invest II LLC, TPG LVB Co-Invest LLC, TPG Partners IV, L.P.,a nd TPG Partners V, L.P. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/27/17. (mtr)
November 22, 2017 Filing 90 Application for Attorney Paul Vizcarrondo, Jr. to Appear Pro Hac Vice on behalf of GS Capital Partners VI Fund, L.P., GS Capital Partners VI Parallel, L.P., GS Capital Partners VI Offshore Fund, L.P., GS Capital Partners VI GmbH & Co. KG, Goldman Sachs BMET Investors, L.P., Goldman Sachs BMET Investors Offshore Holdings, L.P., PEP Bass Holdings, LLC, Private Equity Partners 2004 Direct Investment Fund L.P., Private Equity Partners 2005 Direct L.P., Private Equity Partners IX Direct L.P., and GS LVB Co-Invest, L.P.. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3418204(Pro Hac Vice Temporary login, )
November 22, 2017 Filing 89 Application for Attorney John F. Lynch to Appear Pro Hac Vice on behalf of GS Capital Partners VI Fund, L.P., GS Capital Partners VI Parallel, L.P., GS Capital Partners VI Offshore Fund, L.P., GS Capital Partners VI GmbH & Co. KG, Goldman Sachs BMET Investors, L.P., Goldman Sachs BMET Investors Offshore Holdings, L.P., PEP Bass Holdings, LLC, Private Equity Partners 2004 Direct Investment Fund L.P., Private Equity Partners 2005 Direct L.P., Private Equity Partners IX Direct L.P., and GS LVB Co-Invest, L.P.. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3417984(Pro Hac Vice Temporary login, ) (Main Document 89 replaced on 12/7/2017) (mtr).
November 22, 2017 Filing 88 Application for Attorney Michael A. Feldstein to Appear Pro Hac Vice on behalf of GS Capital Partners VI Fund, L.P., GS Capital Partners VI Parallel, L.P., GS Capital Partners VI Offshore Fund, L.P., GS Capital Partners VI GmbH & Co. KG, Goldman Sachs BMET Investors, L.P., Goldman Sachs BMET Investors Offshore Holdings, L.P., PEP Bass Holdings, LLC, Private Equity Partners 2004 Direct Investment Fund L.P., Private Equity Partners 2005 Direct L.P., Private Equity Partners IX Direct L.P., and GS LVB Co-Invest, L.P.. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3417963(Pro Hac Vice Temporary login, )
November 21, 2017 Filing 87 Application for Attorney Daniel V. McCaughey to Appear Pro Hac Vice on behalf of TPG Partners IV, L.P.; TPG Partners V, LP; TPG FOF V-A, L.P.; TPG FOF V-B, L.P.; TPG LVB Co-Invest LLC; TPG LVB Co-Invest II LLC and Jeffrey Rhodes. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3416655 (Attachments: #1 Certificate of Good Standing)(Pro Hac Vice Temporary login, )
November 21, 2017 Filing 86 NOTICE of Appearance by Christopher G Green PHV on behalf of Jeffrey K Rhodes (Green PHV, Christopher)
November 20, 2017 Opinion or Order Filing 85 ORDER granting #83 Application to Appear Pro Hac Vice of Attorney Daniel J Stujenske PHV for KKR Biomet LLC and Michael W Michelson. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/20/17. (mtr)
November 20, 2017 Opinion or Order Filing 84 ORDER granting #82 Application to Appear Pro Hac Vice of Attorney Peter E Kazanoff PHV for KKR Biomet LLC and Michael W Michelson. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/20/17. (mtr)
November 17, 2017 Filing 83 Application for Attorney Daniel J. Stujenske to Appear Pro Hac Vice on behalf of Michael W. Michelson; KKR Biomet LLC. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3413275(Pro Hac Vice Temporary login, )
November 17, 2017 Filing 82 Application for Attorney Peter E. Kazanoff to Appear Pro Hac Vice on behalf of Michael W. Michelson; KKR Biomet LLC. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3413233(Pro Hac Vice Temporary login, )
November 8, 2017 Opinion or Order Filing 81 ORDER GRANTING #77 Motion to Amend/Correct; GRANTING #78 Motion for Extension of Time to Answer GS Capital Partners VI Fund, L.P. answer due 12/20/2017; GS Capital Partners VI GMBH & CO. KG answer due 12/20/2017; GS Capital Partners VI Offshore Fund, L.P. answer due 12/20/2017; GS Capital Partners VI Parallel, L.P. answer due 12/20/2017; GS LVB Co-Invest, L.P. answer due 12/20/2017; Goldman Sachs BMET InvesTORS, L.P. answer due 12/20/2017; Goldman Sachs BMET Investors Offshore Holdings, L.P. answer due 12/20/2017; PEP Bass Holdings, LLC answer due 12/20/2017; Private Equity Partners 2004 Direct Investment Fund L.P. answer due 12/20/2017; Private Equity Partners 2005 Direct L.P. answer due 12/20/2017; Private Equity Partners IX Direct L.P. answer due 12/20/2017. Response to motions to be filed by Plaintiffs by 2/20/2018. Reply to be filed by 4/6/2018. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/8/17. (mlc)
November 6, 2017 Opinion or Order Filing 80 ORDER granting #79 Application to Appear Pro Hac Vice of Attorney Christopher G Green PHV for TPG FOF V-A, L.P., TPG FOF V-B, L.P., TPG LVB Co-Invest II LLC, TPG LVB Co-Invest LLC, TPG Partners IV, L.P., and TPG Partners V, L.P. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/6/17. (mtr)
November 3, 2017 Filing 79 Application for Attorney Christopher G. Green to Appear Pro Hac Vice on behalf of TPG Partners IV, L.P.; TPG Partners V, L.P.; TPG FOF V-A, L.P.; TPG FOF V-B, L.P.; TPG LVB Co-Invest LLC; TPG LVB Co-Invest II LLC. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3401742(Pro Hac Vice Temporary login, )
November 3, 2017 Filing 78 Consent MOTION for Extension of Time to File Answer to Plaintiffs' Second Amended Class Action Complaint and to Set Briefing Schedule by Defendants GS Capital Partners VI Fund, L.P., GS Capital Partners VI GMBH & CO. KG, GS Capital Partners VI Offshore Fund, L.P., GS Capital Partners VI Parallel, L.P., GS LVB Co-Invest, L.P., Goldman Sachs BMET InvesTORS, L.P., Goldman Sachs BMET Investors Offshore Holdings, L.P., PEP Bass Holdings, LLC, Private Equity Partners 2004 Direct Investment Fund L.P., Private Equity Partners 2005 Direct L.P., Private Equity Partners IX Direct L.P.. (Casey, Brian)
November 3, 2017 Filing 77 MOTION to Amend/Correct #73 Order,,,, Set Deadlines,,,, Terminate Motions,,, (Assented) by Defendants KKR Biomet LLC, TPG FOF V-A, L.P., TPG FOF V-B, L.P., TPG LVB Co-Invest II LLC, TPG LVB Co-Invest LLC, TPG Partners IV, L.P., TPG Partners V, L.P.. (Raad, Amanda)
November 3, 2017 Filing 76 NOTICE of Appearance by Brian E Casey on behalf of GS Capital Partners VI Fund, L.P., GS Capital Partners VI GMBH & CO. KG, GS Capital Partners VI Offshore Fund, L.P., GS Capital Partners VI Parallel, L.P., GS LVB Co-Invest, L.P., Goldman Sachs BMET InvesTORS, L.P., Goldman Sachs BMET Investors Offshore Holdings, L.P., PEP Bass Holdings, LLC, Private Equity Partners 2004 Direct Investment Fund L.P., Private Equity Partners 2005 Direct L.P., Private Equity Partners IX Direct L.P. (Casey, Brian)
October 31, 2017 Filing 75 SUMMONS Returned Executed by Rajesh M Shah, Eric Levy, Matt Brierley, Local 1500 UFCW. GS Capital Partners VI GMBH & CO. KG served on 10/19/2017, answer due 11/9/2017; GS Capital Partners VI Offshore Fund, L.P. served on 10/19/2017, answer due 11/9/2017. (Prongay PHV, Robert)
October 31, 2017 Filing 74 SUMMONS Returned Executed by Rajesh M Shah, Eric Levy, Matt Brierley, Local 1500 UFCW. GS Capital Partners VI Fund, L.P. served on 10/16/2017, answer due 11/6/2017; GS Capital Partners VI Parallel, L.P. served on 10/16/2017, answer due 11/6/2017; GS LVB Co-Invest, L.P. served on 10/16/2017, answer due 11/6/2017; Goldman Sachs BMET InvesTORS, L.P. served on 10/16/2017, answer due 11/6/2017; Goldman Sachs BMET Investors Offshore Holdings, L.P. served on 10/16/2017, answer due 11/6/2017; KKR Biomet LLC served on 10/16/2017, answer due 11/6/2017; PEP Bass Holdings, LLC served on 10/16/2017, answer due 11/6/2017; Private Equity Partners 2004 Direct Investment Fund L.P. served on 10/16/2017, answer due 11/6/2017; Private Equity Partners 2005 Direct L.P. served on 10/16/2017, answer due 11/6/2017; Private Equity Partners IX Direct L.P. served on 10/16/2017, answer due 11/6/2017; TPG FOF V-A, L.P. served on 10/16/2017, answer due 11/6/2017; TPG FOF V-B, L.P. served on 10/16/2017, answer due 11/6/2017; TPG LVB Co-Invest II LLC served on 10/16/2017, answer due 11/6/2017; TPG LVB Co-Invest LLC served on 10/16/2017, answer due 11/6/2017; TPG Partners IV, L.P. served on 10/16/2017, answer due 11/6/2017; TPG Partners V, L.P. served on 10/16/2017, answer due 11/6/2017. (Prongay PHV, Robert)
October 17, 2017 Opinion or Order Filing 73 ORDER granting #72 Joint MOTION for Extension of Time to File Response as to #60 Amended Complaint. IT IS HEREBY ORDERED that the Zimmer Defendants shall file their response(s) to the Second Amended Complaint by 12/20/2017. If the Zimmer Defendants move to dismiss the Second Amended Complaint, Lead Plaintiffs shall file their response(s) by 2/20/2018. The Zimmer Defendants shall file their repl(y/ies) by 4/6/2018. The Court ACKNOWELDGES that the Private Equity Defendants have yet to be served. Therefore, the deadline set forth in Fed. R. Civ. P. 12(a)(1)(A) for the Private Equity Defendants to answer or otherwise respond to the Second Amended Complaint will apply despite the Plaintiffs' and Zimmer Defendants' request to incorporate the Private Equity Defendants into this order. See Order for further details. Signed by Magistrate Judge Michael G Gotsch, Sr on 10/17/2017. (rmc)
October 12, 2017 Filing 72 Joint MOTION for Extension of Time to File Response/Reply as to #60 Amended Complaint,,,,, by Defendant Zimmer Biomet Holdings, Inc.. (Wolfla, Paul)
October 11, 2017 Opinion or Order Filing 71 ORDER granting #66 Application to Appear Pro Hac Vice of Attorney Ira M Press PHV for Matt Brierley, Eric Levy, and Rajesh M Shah. Signed by Magistrate Judge Michael G Gotsch, Sr on 10/11/17. (mtr)
October 11, 2017 Opinion or Order Filing 70 ORDER granting #65 Application to Appear Pro Hac Vice of Attorney Thomas W Elrod PHV for Matt Brierley, Eric Levy, and Rajesh M Shah. Signed by Magistrate Judge Michael G Gotsch, Sr on 10/11/17. (mtr)
October 11, 2017 Filing 69 Summons Issued as to GS Capital Partners VI Fund, L.P., GS Capital Partners VI GMBH & CO. KG, GS Capital Partners VI Offshore Fund, L.P., GS Capital Partners VI Parallel, L.P., GS LVB Co-Invest, L.P., Goldman Sachs BMET InvesTORS, L.P., Goldman Sachs BMET Investors Offshore Holdings, L.P., PEP Bass Holdings, LLC, Private Equity Partners 2004 Direct Investment Fund L.P., Private Equity Partners 2005 Direct L.P., Private Equity Partners IX Direct L.P.. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (kjp)
October 11, 2017 Filing 68 Summons Issued as to TPG FOF V-A, L.P., TPG FOF V-B, L.P., TPG LVB Co-Invest II LLC, TPG LVB Co-Invest LLC, TPG Partners IV, L.P., TPG Partners V, L.P.. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (kjp)
October 11, 2017 Filing 67 Summons Issued as to KKR Biomet LLC. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (kjp)
October 10, 2017 Filing 66 Application for Attorney Ira Michael Press to Appear Pro Hac Vice on behalf of Rajesh Shah, Matt Brierley and Eric Levy. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3378277(Pro Hac Vice Temporary login, )
October 10, 2017 Filing 65 Application for Attorney Thomas William Elrod to Appear Pro Hac Vice on behalf of Rajesh Shah, Matt Brierley and Eric Levy. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3378187(Pro Hac Vice Temporary login, )
October 6, 2017 Opinion or Order Filing 64 ORDER re #59 NOTICE of Voluntary Dismissal by Matt Brierley, Eric Levy, Rajesh M Shah, UFCW 1500. Defendants Goldman Sachs & Co and JP Morgan Securities LLC are DISMISSED WITHOUT PREJUDICE. Signed by Judge Philip P Simon on 10/6/17. (cer)
October 6, 2017 Filing 63 Proposed Summons filed by Matt Brierley, Eric Levy, Rajesh M Shah, UFCW 1500. (Prongay PHV, Robert)
October 6, 2017 Filing 62 Proposed Summons filed by Matt Brierley, Eric Levy, Rajesh M Shah, UFCW 1500. (Prongay PHV, Robert)
October 6, 2017 Filing 61 Proposed Summons filed by Matt Brierley, Eric Levy, Rajesh M Shah, UFCW 1500. (Prongay PHV, Robert)
October 5, 2017 Filing 60 AMENDED COMPLAINT [Second Amended Class Action Complaint for Violations of the Federal Securities Laws] against Christopher B Begley, Betsy J Bernard, Paul M Bisaro, Gail K Boudreaux, Tony W Collins, David C Dvorak, Michael J. Farrell, Daniel P. Florin, Larry Glasscock, Robert A Hagemann, Arthur J Higgins, Robert J. Marshall, Jr, Michael W Michelson, Cecil B Pickett PhD, Jeffrey K Rhodes, Zimmer Biomet Holdings, Inc., KKR Biomet LLC, TPG Partners IV, L.P., TPG Partners V, L.P., TPG FOF V-A, L.P., TPG FOF V-B, L.P., TPG LVB Co-Invest LLC, TPG LVB Co-Invest II LLC, GS Capital Partners VI Fund, L.P., GS Capital Partners VI Parallel, L.P., GS Capital Partners VI Offshore Fund, L.P., GS Capital Partners VI GMBH & CO. KG, Goldman Sachs BMET InvesTORS, L.P., Goldman Sachs BMET Investors Offshore Holdings, L.P., PEP Bass Holdings, LLC, Private Equity Partners 2004 Direct Investment Fund L.P., Private Equity Partners 2005 Direct L.P., Private Equity Partners IX Direct L.P., GS LVB Co-Invest, L.P., filed by Matt Brierley, Rajesh M Shah, Eric Levy, UFCW 1500. (Attachments: #1 Exhibit A - December 21, 2016 Letter, #2 Exhibit B - Part I - July 31, 2017 Letter, #3 Exhibit B - Part II - July 31, 2017 Letter, #4 Exhibit C - Barney Complaint, #5 Exhibit D - November 2016 FDA Form 483, #6 Exhibit E - November 2015 FDA Form 483, #7 Exhibit F - February 2016 Letter, #8 Exhibit G - Martin Complaint)(Prongay PHV, Robert)
October 5, 2017 Filing 59 NOTICE of Voluntary Dismissal by Matt Brierley, Eric Levy, Rajesh M Shah, UFCW 1500 (Prongay PHV, Robert)
September 27, 2017 Opinion or Order Filing 58 ORDER GRANTING #57 MOTION (Joint) to Suspend Scheduling Order and to File a Second Amended Class Action Complaint by Plaintiffs Matt Brierley, Eric Levy, Rajesh M Shah, UFCW 1500. Plaintiffs have until 10/5/2017 to file a Second Amended Complaint. The deadlines related to Plaintiffs' Corrected Amended Complaint (DE #30 ) and any related filings, which are set forth in this Court's Order dated July 20, 2017 (DE #50 ), are VACATED. Parties shall submit a proposed deadline for Defendants to file an Answer or otherwise respond to Plaintiffs' Second Amended Complaint and deadlines for any subsequent briefing necessary for the Court's approval by 10/12/2017. Signed by Magistrate Judge Michael G Gotsch, Sr on 9/27/17. (cer)
September 25, 2017 Filing 57 Joint MOTION to Suspend Scheduling Order and to File a Second Amended Class Action Complaint by Plaintiffs Matt Brierley, Eric Levy, Rajesh M Shah, UFCW 1500. (Prongay PHV, Robert)
August 30, 2017 Opinion or Order Filing 56 ORDER granting #55 Application to Appear Pro Hac Vice of Attorney Richard D Bernstein PHV for Goldman, Sachs & Co. and J.P. Morgan Securities LLC. Signed by Magistrate Judge Michael G Gotsch, Sr on 8/30/17. (ksc)
August 28, 2017 Filing 55 Application for Attorney Richard D. Bernstein to Appear Pro Hac Vice on behalf of Goldman, Sachs & Co., and J.P. Morgan Securities LLC. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3341551(Pro Hac Vice Temporary login, )
August 24, 2017 Opinion or Order Filing 54 ORDER granting #53 Application to Appear Pro Hac Vice of Attorney Martin L Seidel PHV for Goldman, Sachs & Co. and J.P. Morgan Securities LLC. Signed by Magistrate Judge Michael G Gotsch, Sr on 8/24/17. (mtr)
August 23, 2017 Filing 53 Application for Attorney Martin L. Seidel to Appear Pro Hac Vice on behalf of Goldman, Sachs & Co., and J.P. Morgan Securities LLC. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3337330(Pro Hac Vice Temporary login, ) (Main Document 53 replaced on 8/24/2017) (mtr).
August 17, 2017 Filing 52 NOTICE of Appearance by Erin Linder Hanig on behalf of Goldman, Sachs & Co., J.P. Morgan Securities LLC (Hanig, Erin)
August 17, 2017 Filing 51 NOTICE of Appearance by John D LaDue on behalf of Goldman, Sachs & Co., J.P. Morgan Securities LLC (LaDue, John)
July 20, 2017 Opinion or Order Filing 50 ORDER granting #49 Motion for Extension of Time to File Response/Reply. The Zimmer Defendants and the Underwriter Defendants shall file a response tothe Corrected Amended Complaint by September 29, 2017. If the Zimmer Defendants and/or the Underwriter Defendants move to dismiss the Corrected Amended Complaint, the Zimmer Defendants' supporting brief must not exceed 40 pages, and the Underwriter Defendants' supporting brief must not exceed 15 pages; If the Zimmer Defendants and/or the Underwriter Defendants move to dismiss the Corrected Amended Complaint, Lead Plaintiffs shall file their response(s) by November 15, 2017. Lead Plaintiffs' omnibus response to both motions to dismiss shall not exceed 55 pages; The Zimmer Defendants and/or the Underwriter Defendants shall file their reply(ies) by December 15, 2017. The Zimmer Defendants reply brief shall not exceed 25 pages and the Underwriter Defendants' reply brief shall not exceed 10 pages. Signed by Magistrate Judge Michael G Gotsch, Sr on 7/20/17. (ksp)
July 19, 2017 Filing 49 Joint MOTION for Extension of Time to File Response/Reply To Corrected Amended Complaint and Subsequent Briefing Schedule by Defendants Christopher B Begley, Betsy J Bernard, Paul M Bisaro, Gail K Boudreaux, Tony W Collins, David C Dvorak, Michael J. Farrell, Daniel P. Florin, Larry Glasscock, Robert A Hagemann, Arthur J Higgins, Robert J. Marshall, Jr, Michael W Michelson, Cecil B Pickett PhD, Jeffrey K Rhodes, Zimmer Biomet Holdings, Inc.. (Wolfla, Paul)
July 18, 2017 Filing 48 NOTICE of Change of Address/Contact Information Change of Firm Name and E-Mail Address (Korin, Offer)
July 5, 2017 Opinion or Order Filing 47 ORDER re #46 ORDER granting #45 Motion to Administratively Reinstate Plaintiffs Matt Brierley, Eric Levy, and UFCW Local 1500. The Order is AMENDED as to recaptioning only. Clerk DIRECTED to maintain this case's current caption of "Shah, et al. v. Zimmer Biomet Holdings, Inc., et al." pending further order of this Court. The remainder of the Court's original Order (DE #46 ) REMAINS in full force and effect. Signed by Magistrate Judge Michael G Gotsch, Sr on 7/5/17. (cer)
June 30, 2017 Opinion or Order Filing 46 ORDER granting #45 Motion to Administratively Reinstate Plaintiffs Matt Brierley, Eric Levy, and UFCW Local 1500 and to re-caption this action. Signed by Magistrate Judge Michael G Gotsch, Sr on 6/30/17. (jld) Modified on 7/7/2017 to correct text (ksp).
June 30, 2017 Filing 45 MOTION to Administratively Reinstate Plaintiffs Matt Brierley, Eric Levy, and UFCW Local 1500, Nunc Pro Tunc, and to Re-Caption Action by Plaintiffs Matt Brierley, Eric Levy, Rajesh M Shah, UFCW 1500. (Prongay PHV, Robert)
June 29, 2017 Filing 44 Summons Issued as to Christopher B Begley, Betsy J Bernard, Paul M Bisaro, Gail K Boudreaux, Tony W Collins, Michael J. Farrell, Larry Glasscock, Robert A Hagemann, Arthur J Higgins, Michael W Michelson, Cecil B Pickett PhD, Jeffrey K Rhodes. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (jld)
June 29, 2017 Filing 43 Proposed Summons filed by Matt Brierley, Eric Levy, Rajesh M Shah, UFCW 1500. (Prongay PHV, Robert)
June 29, 2017 Filing 42 Proposed Summons filed by Matt Brierley, Eric Levy, Rajesh M Shah, UFCW 1500. (Prongay PHV, Robert)
June 29, 2017 Filing 41 Proposed Summons filed by Matt Brierley, Eric Levy, Rajesh M Shah, UFCW 1500. (Prongay PHV, Robert)
June 29, 2017 Filing 40 Proposed Summons filed by Matt Brierley, Eric Levy, Rajesh M Shah, UFCW 1500. (Prongay PHV, Robert)
June 29, 2017 Filing 39 Proposed Summons filed by Matt Brierley, Eric Levy, Rajesh M Shah, UFCW 1500. (Prongay PHV, Robert)
June 29, 2017 Filing 38 Proposed Summons filed by Matt Brierley, Eric Levy, Rajesh M Shah, UFCW 1500. (Prongay PHV, Robert)
June 29, 2017 Filing 37 Proposed Summons filed by Matt Brierley, Eric Levy, Rajesh M Shah, UFCW 1500. (Prongay PHV, Robert)
June 29, 2017 Filing 36 Proposed Summons filed by Matt Brierley, Eric Levy, Rajesh M Shah, UFCW 1500. (Prongay PHV, Robert)
June 29, 2017 Filing 35 Proposed Summons filed by Matt Brierley, Eric Levy, Rajesh M Shah, UFCW 1500. (Prongay PHV, Robert)
June 29, 2017 Filing 34 Proposed Summons filed by Matt Brierley, Eric Levy, Rajesh M Shah, UFCW 1500. (Prongay PHV, Robert)
June 29, 2017 Filing 33 Proposed Summons filed by Matt Brierley, Eric Levy, Rajesh M Shah, UFCW 1500. (Prongay PHV, Robert)
June 29, 2017 Filing 32 Proposed Summons filed by Matt Brierley, Eric Levy, Rajesh M Shah, UFCW 1500. (Prongay PHV, Robert)
June 29, 2017 Filing 31 Summons Issued as to Goldman, Sachs & Co., J.P. Morgan Securities LLC. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (Attachments: #1 JP Morgan Summons)(jld)
June 28, 2017 Filing 30 AMENDED COMPLAINT [Corrected] against Christopher B Begley, Betsy J Bernard, Paul M Bisaro, Gail K Boudreaux, Tony W Collins, David C Dvorak, Daniel P. Florin, Larry Glasscock, Goldman, Sachs & Co., Robert A Hagemann, Arthur J Higgins, J.P. Morgan Securities LLC, Robert J. Marshall, Jr, Michael W Michelson, Cecil B Pickett PhD, Jeffrey K Rhodes, Zimmer Biomet Holdings, Inc., Michael J. Farrell, filed by Matt Brierley, Rajesh M Shah, Eric Levy, UFCW 1500. (Attachments: #1 Exhibit A - Form FDA 483, #2 Exhibit B - Response, #3 Proposed Summons to Individual Defendants, #4 Proposed Summons to J.P. Morgan Securities LLC, #5 Proposed Summons to Goldman, Sachs & Co.)(Prongay PHV, Robert)
June 23, 2017 Opinion or Order Filing 29 ORDER granting #28 Motion for Leave to File Corrected Amended Complaint. Lead plaintiffs may separately file a corrected amended complaint by 6/30/2017. Signed by Magistrate Judge Michael G Gotsch, Sr on 6/23/17. (ksp)
June 22, 2017 Filing 28 MOTION to Amend/Correct #27 Amended Complaint,, by Plaintiffs Matt Brierley, Eric Levy, Rajesh M Shah, UFCW 1500. (Attachments: #1 Exhibit A - Proposed Corrected Amended Complaint)(Prongay PHV, Robert)
June 16, 2017 Filing 27 AMENDED COMPLAINT against David C Dvorak, Daniel P. Florin, Robert J. Marshall, Jr, Zimmer Biomet Holdings, Inc., CHRISTOPHER B. BEGLEY, BETSY J. BERNARD, PAUL M. BISARO, GAIL K. BOUDREAUX, TONY W. COLLINS, LARRY GLASSCOCK, ROBERT A. HAGEMANN, ARTHUR J. HIGGINS, MICHAEL W. MICHELSON, CECIL P. PICKETT, JEFFREY K. RHODES, GOLDMAN, SACHS & CO., J.P. MORGAN SECURITIES LLC, filed by Rajesh M Shah, Matt Brierley, Eric Levy, UFCW 1500. (Attachments: #1 Exhibit A - Form FDA 483, #2 Exhibit B - Response)(Prongay PHV, Robert)
May 25, 2017 Opinion or Order Filing 26 ORDER GRANTING #25 MOTION for Extension of Time to File Amended Complaint and Responses Thereto by Plaintiffs Matt Brierley, Eric Levy, Rajesh M Shah. Lead Plaintiffs shall have until 6/16/2017 to file an Amended Complaint. Defendants are not required to respond to any Complaint in this action until 60 days after the Amended Complaint is file or designated by the Lead Plaintiff. In the event Defendants move to dismiss the Amended Complaint, the parties agree that the Lead Plaintiff shall have 45 days to file a Response. The parties further agree that the Defendants shall have 30 days to file their Reply to Lead Plaintiff's Response. Signed by Magistrate Judge Michael G Gotsch, Sr on 5/25/17. (cer)
May 24, 2017 Filing 25 MOTION for Extension of Time to File Amended Complaint and Responses Thereto by Plaintiffs Matt Brierley, Eric Levy, Rajesh M Shah. (Prongay PHV, Robert)
May 1, 2017 Opinion or Order Filing 24 ORDER REASSIGNING CASE. Case reassigned to Judge Philip P Simon for all further proceedings. Chief Judge Theresa L Springmann no longer assigned to case. Magistrate Consent forms due by 5/22/2017. Signed by Chief Judge Theresa L Springmann on 5/1/17. (cer)
April 3, 2017 Opinion or Order Filing 23 OPINION AND ORDER granting #14 Motion to Appoint Counsel. The Court APPOINTS Rajesh Shah, Matt Brierly and Eric Levy as Lead Plaintiffs. The Court also APPOINTS Glacy Prongay & Murray LLP as Lead Counsel for the Class and Katz & Korin, PC as Liaison Counsel. Lastly, the Court notes that Defendants have reserved the right to challenge class certification at an appropriate time. Signed by Magistrate Judge Michael G Gotsch, Sr on 4/3/17. (ksp) Modified on 4/3/2017 to set as Opinion and Order (jld).
February 23, 2017 Opinion or Order Filing 22 ORDER granting #20 Application to Appear Pro Hac Vice of Attorney Jason L Krajcer PHV for Matt Brierley, Eric Levy, and Rajesh M Shah. Signed by Magistrate Judge Michael G Gotsch, Sr on 2/23/17. (mtr)
February 23, 2017 Opinion or Order Filing 21 ORDER granting #19 Application to Appear Pro Hac Vice of Attorney Robert V Prongay PHV for Matt Brierley, Eric Levy, and Rajesh M Shah. Signed by Magistrate Judge Michael G Gotsch, Sr on 02/23/2017. (mtr)
February 22, 2017 Filing 20 Application for Attorney Jason L. Krajcer to Appear Pro Hac Vice on behalf of Rajesh Shah, Matt Brierley and Eric Levy. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3177566(Pro Hac Vice Temporary login, )
February 22, 2017 Filing 19 Application for Attorney Robert V. Prongay to Appear Pro Hac Vice on behalf of Rajesh Shah, Matt Brierley and Eric Levy. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3177564(Pro Hac Vice Temporary login, )
February 15, 2017 Filing 18 NOTICE by Matt Brierley, Eric Levy, Rajesh M Shah re #14 MOTION to Appoint Counsel and Appoint Lead Plaintiff (Portnoy PHV, Lesley)
February 14, 2017 Filing 17 RESPONSE to Motion re #14 MOTION to Appoint Counsel and Appoint Lead Plaintiff filed by David C Dvorak, Daniel P. Florin, Robert J. Marshall, Jr, Zimmer Biomet Holdings, Inc.. (Wolfla, Paul)
January 31, 2017 Filing 16 AFFIDAVIT in Support re #14 MOTION to Appoint Counsel and Appoint Lead Plaintiff filed by Matt Brierley, Eric Levy, Rajesh M Shah. (Attachments: #1 Exhibit A - Press Release, #2 Exhibit B - Certifications, #3 Exhibit C - Loss Chart, #4 Exhibit D - GPM Firm Resume, #5 Exhibit E - Katz & Korin Firm Resume)(Portnoy PHV, Lesley)
January 31, 2017 Filing 15 MEMORANDUM in Support of #14 MOTION to Appoint Counsel and Appoint Lead Plaintiff filed by Matt Brierley, Eric Levy, Rajesh M Shah. (Portnoy PHV, Lesley)
January 31, 2017 Filing 14 MOTION to Appoint Counsel and Appoint Lead Plaintiff by Plaintiff Rajesh M Shah, Movants Matt Brierley, Eric Levy. (Portnoy PHV, Lesley)
January 23, 2017 Opinion or Order Filing 13 ORDER granting #11 Application to Appear Pro Hac Vice of Attorney Marc J Sonnenfeld PHV for David C Dvorak, Daniel P. Florin, Robert J. Marshall, Jr, and Zimmer Biomet Holdings, Inc. Signed by Magistrate Judge Michael G Gotsch, Sr on 1/23/17. (mtr)
January 20, 2017 Opinion or Order Filing 12 ORDER granting #10 Application to Appear Pro Hac Vice of Attorney Lesley F Portnoy PHV for Rajesh M Shah. Signed by Magistrate Judge Michael G Gotsch, Sr on 1/20/17. (mtr)
January 20, 2017 Filing 11 Application for Attorney Marc J. Sonnenfeld to Appear Pro Hac Vice on behalf of Defendants. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3149207(Pro Hac Vice Temporary login, )
January 19, 2017 Filing 10 Application for Attorney Lesley F. Portnoy to Appear Pro Hac Vice on behalf of Rajesh M. Shah. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3147686(Pro Hac Vice Temporary login, )
January 3, 2017 Opinion or Order Filing 9 ORDER granting #7 Application to Appear Pro Hac Vice of Attorney Troy S Brown PHV for David C Dvorak, Daniel P. Florin, Robert J. Marshall, Jr, and Zimmer Biomet Holdings, Inc. Signed by Magistrate Judge Michael G Gotsch, Sr on 1/3/17. (mtr)
December 28, 2016 Filing 7 Application for Attorney Troy S. Brown to Appear Pro Hac Vice on behalf of Defendants. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3130415(Brown PHV, Troy)
December 23, 2016 Opinion or Order Filing 8 ORDER GRANTING #6 STIPULATION/MOTION (Joint) for Establishment of Schedule Following Appointment of Lead Plaintiff by Defendants David C Dvorak, Daniel P. Florin, Robert J. Marshall, Jr, Zimmer Biomet Holdings, Inc. The Lead Plaintiff shall have 60 days from the date of the Court's order appointing the Lead Plaintiff within which to file an amended, consolidated complaint or to otherwise designate the operative complaint. Defendants are not required to respond to any complaint in this action until 60 days after the operative complaint is filed or designated by the Lead Plaintiff. In the event the Defendants move to dismiss the operative complaint, the Lead Plaintiff shall have 45 days to file a response, and the Defendants shall have 30 days to file their reply to Lead Plaintiff's response. The requirement to file a Case Management Plan pursuant to Local Rule 16-1 is deferred until further order of the Court. Signed by Magistrate Judge Michael G Gotsch, Sr on 12/23/16. (cer)
December 15, 2016 Filing 6 STIPULATION - Joint Motion for Establishment of Schedule Following Appointment of Lead Plaintiff by Defendants David C Dvorak, Daniel P. Florin, Robert J. Marshall, Jr, Zimmer Biomet Holdings, Inc.. (Wolfla, Paul)
December 15, 2016 Filing 5 Corporate Disclosure Statement by Zimmer Biomet Holdings, Inc.. (Wolfla, Paul)
December 15, 2016 Filing 4 NOTICE of Appearance by Paul A Wolfla on behalf of All Defendants (Wolfla, Paul)
December 5, 2016 Filing 3 Summons Issued as to David C Dvorak, Daniel P. Florin, Robert J. Marshall, Jr, Zimmer Biomet Holdings, Inc.. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (jld)
December 5, 2016 Judge Theresa L Springmann and Magistrate Judge Michael G Gotsch, Sr added. (NEW CASE) (jld)
December 2, 2016 Filing 2 NOTICE of Appearance by Offer Korin on behalf of Rajesh M Shah (Korin, Offer)
December 2, 2016 Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 receipt number 0755-3111586.), filed by Rajesh M Shah. (Attachments: #1 Exhibit A - Sworn Certification of Plaintiff, #2 Civil Cover Sheet, #3 Proposed Summons to Zimmer Biomet Holdings, Inc., #4 Proposed Summons to David C. Dvorak, #5 Proposed Summons to Daniel P. Florin, #6 Proposed Summons to Robert J. Marshall, Jr.)(Korin, Offer)

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Search for this case: Shah et al v. Zimmer Biomet Holdings, Inc. et al
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Plaintiff: Shah
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Plaintiff: Local 1500 UFCW
Represented By: Vahe Mesropyan PHV
Represented By: Robert V Prongay PHV
Represented By: Howard G Smith PHV
Represented By: Leanne H Solish PHV
Represented By: Andrew M McNeela PHV
Represented By: Emily C Finestone PHV
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Plaintiff: Rajesh M Shah
Represented By: Vahe Mesropyan PHV
Represented By: Robert V Prongay PHV
Represented By: Jason L Krajcer PHV
Represented By: Howard G Smith PHV
Represented By: Leanne H Solish PHV
Represented By: Thomas W Elrod PHV
Represented By: Ira M Press PHV
Represented By: Lesley F Portnoy PHV
Represented By: Offer Korin
Represented By: Kevin F Ruf PHV
Represented By: Natalie S Pang PHV
Represented By: Andrew M McNeela PHV
Represented By: Emily C Finestone PHV
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Plaintiff: Matt Brierley
Represented By: Vahe Mesropyan PHV
Represented By: Robert V Prongay PHV
Represented By: Jason L Krajcer PHV
Represented By: Howard G Smith PHV
Represented By: Leanne H Solish PHV
Represented By: Thomas W Elrod PHV
Represented By: Ira M Press PHV
Represented By: Lesley F Portnoy PHV
Represented By: Andrew M McNeela PHV
Represented By: Emily C Finestone PHV
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Plaintiff: Eric Levy
Represented By: Vahe Mesropyan PHV
Represented By: Robert V Prongay PHV
Represented By: Jason L Krajcer PHV
Represented By: Howard G Smith PHV
Represented By: Leanne H Solish PHV
Represented By: Thomas W Elrod PHV
Represented By: Ira M Press PHV
Represented By: Lesley F Portnoy PHV
Represented By: Andrew M McNeela PHV
Represented By: Emily C Finestone PHV
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Plaintiff: Steven Castillo
Represented By: Robert V Prongay PHV
Represented By: Andrew M McNeela PHV
Represented By: Emily C Finestone PHV
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Defendant: Zimmer Biomet Holdings, Inc
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Defendant: J.P. Morgan Securities LLC
Represented By: Martin L Seidel PHV
Represented By: Erin Linder Hanig
Represented By: John D LaDue
Represented By: Richard D Bernstein PHV
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Defendant: Betsy J Bernard
Represented By: Laura H McNally PHV
Represented By: Elizabeth M Gary PHV
Represented By: Matthew R Kinsman
Represented By: Paul A Wolfla
Represented By: Amanda F Lashner PHV
Represented By: Karen A Pieslak Pohlmann PHV
Represented By: Nicholas E Hakun PHV
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Defendant: GS LVB Co-Invest, L.P.
Represented By: Michael A Feldstein PHV
Represented By: Brian E Casey
Represented By: Paul Vizcarrondo PHV, Jr
Represented By: John F Lynch PHV
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Defendant: Private Equity Partners 2004 Direct Investment Fund L.P.
Represented By: Michael A Feldstein PHV
Represented By: Brian E Casey
Represented By: Paul Vizcarrondo PHV, Jr
Represented By: John F Lynch PHV
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Defendant: Goldman, Sachs & Co.
Represented By: Martin L Seidel PHV
Represented By: Erin Linder Hanig
Represented By: John D LaDue
Represented By: Richard D Bernstein PHV
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Defendant: GS Capital Partners VI Fund, L.P.
Represented By: Michael A Feldstein PHV
Represented By: Brian E Casey
Represented By: Paul Vizcarrondo PHV, Jr
Represented By: John F Lynch PHV
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Defendant: Michael W Michelson
Represented By: Daniel J Stujenske PHV
Represented By: Laura H McNally PHV
Represented By: Elizabeth M Gary PHV
Represented By: Matthew R Kinsman
Represented By: Peter E Kazanoff PHV
Represented By: Paul A Wolfla
Represented By: Amanda F Lashner PHV
Represented By: Karen A Pieslak Pohlmann PHV
Represented By: Nicholas E Hakun PHV
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Defendant: Jeffrey K Rhodes
Represented By: Laura H McNally PHV
Represented By: Elizabeth M Gary PHV
Represented By: Matthew R Kinsman
Represented By: Daniel V McCaughey PHV
Represented By: Paul A Wolfla
Represented By: Christopher G Green PHV
Represented By: Amanda F Lashner PHV
Represented By: Karen A Pieslak Pohlmann PHV
Represented By: Nicholas E Hakun PHV
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Defendant: Daniel P. Florin
Represented By: Laura H McNally PHV
Represented By: Elizabeth M Gary PHV
Represented By: Marc J Sonnenfeld PHV
Represented By: Matthew R Kinsman
Represented By: Troy S Brown PHV
Represented By: Paul A Wolfla
Represented By: Amanda F Lashner PHV
Represented By: Karen A Pieslak Pohlmann PHV
Represented By: Nicholas E Hakun PHV
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Defendant: GS Capital Partners VI Parallel, L.P.
Represented By: Michael A Feldstein PHV
Represented By: Brian E Casey
Represented By: Paul Vizcarrondo PHV, Jr
Represented By: John F Lynch PHV
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Defendant: Goldman Sachs BMET Investors Offshore Holdings, L.P.
Represented By: Michael A Feldstein PHV
Represented By: Brian E Casey
Represented By: Paul Vizcarrondo PHV, Jr
Represented By: John F Lynch PHV
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Defendant: TPG Partners V, L.P.
Represented By: Amanda N Raad
Represented By: Daniel V McCaughey PHV
Represented By: Christopher G Green PHV
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Defendant: TPG LVB Co-Invest LLC
Represented By: Amanda N Raad
Represented By: Daniel V McCaughey PHV
Represented By: Christopher G Green PHV
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Defendant: Private Equity Partners 2005 Direct L.P.
Represented By: Michael A Feldstein PHV
Represented By: Brian E Casey
Represented By: Paul Vizcarrondo PHV, Jr
Represented By: John F Lynch PHV
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Defendant: Private Equity Partners IX Direct L.P.
Represented By: Michael A Feldstein PHV
Represented By: Brian E Casey
Represented By: Paul Vizcarrondo PHV, Jr
Represented By: John F Lynch PHV
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Defendant: Gail K Boudreaux
Represented By: Laura H McNally PHV
Represented By: Elizabeth M Gary PHV
Represented By: Matthew R Kinsman
Represented By: Paul A Wolfla
Represented By: Amanda F Lashner PHV
Represented By: Karen A Pieslak Pohlmann PHV
Represented By: Nicholas E Hakun PHV
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Defendant: PEP Bass Holdings, LLC
Represented By: Michael A Feldstein PHV
Represented By: Brian E Casey
Represented By: Paul Vizcarrondo PHV, Jr
Represented By: John F Lynch PHV
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Defendant: Christopher B Begley
Represented By: Laura H McNally PHV
Represented By: Elizabeth M Gary PHV
Represented By: Matthew R Kinsman
Represented By: Paul A Wolfla
Represented By: Amanda F Lashner PHV
Represented By: Karen A Pieslak Pohlmann PHV
Represented By: Nicholas E Hakun PHV
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Defendant: KKR Biomet LLC
Represented By: Daniel J Stujenske PHV
Represented By: Peter E Kazanoff PHV
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Defendant: Robert J. Marshall, Jr.
Represented By: Laura H McNally PHV
Represented By: Elizabeth M Gary PHV
Represented By: Marc J Sonnenfeld PHV
Represented By: Matthew R Kinsman
Represented By: Troy S Brown PHV
Represented By: Paul A Wolfla
Represented By: Amanda F Lashner PHV
Represented By: Karen A Pieslak Pohlmann PHV
Represented By: Nicholas E Hakun PHV
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Defendant: Larry Glasscock
Represented By: Laura H McNally PHV
Represented By: Elizabeth M Gary PHV
Represented By: Matthew R Kinsman
Represented By: Paul A Wolfla
Represented By: Amanda F Lashner PHV
Represented By: Karen A Pieslak Pohlmann PHV
Represented By: Nicholas E Hakun PHV
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Defendant: David C Dvorak
Represented By: Laura H McNally PHV
Represented By: Elizabeth M Gary PHV
Represented By: Marc J Sonnenfeld PHV
Represented By: Matthew R Kinsman
Represented By: Troy S Brown PHV
Represented By: Paul A Wolfla
Represented By: Amanda F Lashner PHV
Represented By: Karen A Pieslak Pohlmann PHV
Represented By: Nicholas E Hakun PHV
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Defendant: Arthur J Higgins
Represented By: Laura H McNally PHV
Represented By: Elizabeth M Gary PHV
Represented By: Matthew R Kinsman
Represented By: Paul A Wolfla
Represented By: Amanda F Lashner PHV
Represented By: Karen A Pieslak Pohlmann PHV
Represented By: Nicholas E Hakun PHV
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Defendant: Robert A Hagemann
Represented By: Laura H McNally PHV
Represented By: Elizabeth M Gary PHV
Represented By: Matthew R Kinsman
Represented By: Paul A Wolfla
Represented By: Amanda F Lashner PHV
Represented By: Karen A Pieslak Pohlmann PHV
Represented By: Nicholas E Hakun PHV
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Defendant: GS Capital Partners VI GMBH & CO. KG
Represented By: Michael A Feldstein PHV
Represented By: Brian E Casey
Represented By: Paul Vizcarrondo PHV, Jr
Represented By: John F Lynch PHV
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Defendant: TPG FOF V-A, L.P.
Represented By: Amanda N Raad
Represented By: Daniel V McCaughey PHV
Represented By: Christopher G Green PHV
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Defendant: Cecil B Pickett PhD
Represented By: Laura H McNally PHV
Represented By: Elizabeth M Gary PHV
Represented By: Matthew R Kinsman
Represented By: Paul A Wolfla
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Defendant: TPG FOF V-B, L.P.
Represented By: Amanda N Raad
Represented By: Daniel V McCaughey PHV
Represented By: Christopher G Green PHV
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Defendant: GS Capital Partners VI Offshore Fund, L.P.
Represented By: Michael A Feldstein PHV
Represented By: Brian E Casey
Represented By: Paul Vizcarrondo PHV, Jr
Represented By: John F Lynch PHV
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Defendant: Michael J. Farrell
Represented By: Laura H McNally PHV
Represented By: Elizabeth M Gary PHV
Represented By: Matthew R Kinsman
Represented By: Paul A Wolfla
Represented By: Amanda F Lashner PHV
Represented By: Karen A Pieslak Pohlmann PHV
Represented By: Nicholas E Hakun PHV
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Defendant: TPG LVB Co-Invest II LLC
Represented By: Amanda N Raad
Represented By: Daniel V McCaughey PHV
Represented By: Christopher G Green PHV
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Defendant: TPG Partners IV, L.P.
Represented By: Amanda N Raad
Represented By: Daniel V McCaughey PHV
Represented By: Christopher G Green PHV
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Defendant: Paul M Bisaro
Represented By: Laura H McNally PHV
Represented By: Elizabeth M Gary PHV
Represented By: Matthew R Kinsman
Represented By: Paul A Wolfla
Represented By: Amanda F Lashner PHV
Represented By: Karen A Pieslak Pohlmann PHV
Represented By: Nicholas E Hakun PHV
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Defendant: Tony W Collins
Represented By: Laura H McNally PHV
Represented By: Elizabeth M Gary PHV
Represented By: Matthew R Kinsman
Represented By: Paul A Wolfla
Represented By: Amanda F Lashner PHV
Represented By: Karen A Pieslak Pohlmann PHV
Represented By: Nicholas E Hakun PHV
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Defendant: Zimmer Biomet Holdings, Inc.
Represented By: Laura H McNally PHV
Represented By: Elizabeth M Gary PHV
Represented By: Marc J Sonnenfeld PHV
Represented By: Matthew R Kinsman
Represented By: Troy S Brown PHV
Represented By: Paul A Wolfla
Represented By: Amanda F Lashner PHV
Represented By: Karen A Pieslak Pohlmann PHV
Represented By: Nicholas E Hakun PHV
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Defendant: Goldman Sachs BMET InvesTORS, L.P.
Represented By: Michael A Feldstein PHV
Represented By: Brian E Casey
Represented By: Paul Vizcarrondo PHV, Jr
Represented By: John F Lynch PHV
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Defendant: Cecil B Pickett
Represented By: Laura H McNally PHV
Represented By: Elizabeth M Gary PHV
Represented By: Matthew R Kinsman
Represented By: Paul A Wolfla
Represented By: Amanda F Lashner PHV
Represented By: Karen A Pieslak Pohlmann PHV
Represented By: Nicholas E Hakun PHV
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