Wessels v. Biomet Orthopedics LLC et al
Richard Wessels |
Biomet Orthopedics, LLC, Biomet LLC and Biomet Inc |
1:2018cv00097 |
September 10, 2018 |
US District Court for the Northern District of Iowa |
Kelly Mahoney |
Leonard T Strand |
CJ Williams |
Personal Inj. Prod. Liability |
28 U.S.C. § 1332 |
Both |
Docket Report
This docket was last retrieved on June 22, 2020. A more recent docket listing may be available from PACER.
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Filing 222 MOTION for Leave to Appear Pro Hac Vice for Attorney Michelle M. Tessier ( Pro Hac Vice Fee $ 100 receipt number 0862-2810367) by Defendants Biomet Inc, Biomet LLC, Biomet Orthopedics, LLC (Joensen, Thomas) |
Filing 221 NOTICE of Appearance by Stephanie Anne Koltookian on behalf of All Defendants. (Koltookian, Stephanie) |
Filing 220 NOTICE of Withdrawal of Attorney Larry D Helvey on behalf of Richard Wessels (Helvey, Larry) |
Filing 219 MINUTE Entry for proceedings held before Chief Magistrate Judge Kelly Mahoney: Telephonic Status Conference held on 10/16/2018. Scheduling Report due by 11/6/2018. No order to follow. (Official Court Record: FTR Gold) (des) |
Filing 218 ** TEXT ORDER ONLY ** Setting Hearings; as agreed to by the parties, a Telephonic Status Conference hearing is set for 10/16/2018 at 9:30 AM (Central) before Chief United States Magistrate Judge Kelly K.E. Mahoney. The hearing will take place using the Courts conference bridge. The parties shall access the hearing by: (1) calling 877-336-1831, (2) enter access code 3495185 #, (3) press # to enter as a participant, (4) enter security code 1831 #. The call will become active upon the host (the Court) entering the conference bridge. Signed by Chief United States Magistrate Judge Kelly K.E. Mahoney on 10/10/2018. (Gollhofer, Jami) |
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Filing 216 MOTION for Leave to Appear Pro Hac Vice for Attorney Justin Presnal ( Pro Hac Vice Fee $ 100 receipt number 0862-2791258) by Plaintiff Richard Wessels (Attachments: #1 Exhibit Certificate of Good Standing) (Presnal, Justin) |
Filing 215 CORPORATE Disclosure Statement by Biomet Orthopedics, LLC identifying Corporate Parent LVB Acquisition, Inc., Corporate Parent Zimmer Biomet Holdings, Inc., Corporate Parent Biomet US Reconstruction, LLC, Corporate Parent Biomet, Inc. for Biomet Orthopedics, LLC. (Joensen, Thomas) |
Filing 214 CORPORATE Disclosure Statement by Biomet Inc identifying Corporate Parent LVB Acquisition, Inc., Corporate Parent Zimmer Biomet Holdings, Inc. for Biomet Inc. (Joensen, Thomas) |
Case reassigned to Judge CJ Williams: Chief Judge Leonard T Strand no longer assigned to the case: No conflicts identified (kfs) |
*** Pursuant to #208 , Attorneys Justin J Presnal and Eric J Rhine are terminated from this case. (ksy) |
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Filing 212 MOTION for Leave to Appear Pro Hac Vice for Attorney John D. LaDue by Defendants Biomet Inc, Biomet LLC, Biomet Orthopedics, LLC (Attachments: #1 Certificates of Good Standing) (Joensen, Thomas) |
Filing 211 MOTION for Leave to Appear Pro Hac Vice for Attorney Erin Linder Hanig by Defendants Biomet Inc, Biomet LLC, Biomet Orthopedics, LLC (Attachments: #1 Certificates of Good Standing) (Joensen, Thomas) |
Filing 210 NOTICE of Appearance by Gary J Shea on behalf of Richard Wessels. (Shea, Gary) |
Filing 209 NOTICE of Appearance by Thomas J Joensen on behalf of Biomet Inc, Biomet LLC, Biomet Orthopedics, LLC. (Joensen, Thomas) |
Filing 208 NOTICE to Attorneys Not Admitted to Practice. Signed by Clerk on 9/10/2018 (copy w/NEF mailed to non-ECF attorneys). (skm) |
Filing 207 Case transferred in from District of Indiana Northern; Case Number 3:13-cv-00626. Original file certified copy of transfer order and docket sheet received. Modified on 9/10/2018, (NEF mailed to non-ECF attys) (skm). NORTHERN DISTRICT OF IOWA DOCKET BEGINS HERE |
Chief Judge Leonard T Strand and Magistrate Judge Kelly Mahoney added. Conflicts checked; none found. (skm) |
Set Deadline: Defendant(s) LR 7.1 Disclosure Statement due by 10/10/2018 (NEF mailed to non-ECF attys). (skm) |
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Filing 205 SUGGESTION OF REMAND/EXPLANATION TO TRANSFEROR COURTS Pursuant to 28 USC 1407(a) and Panel Rule 10.1(b), the court suggests that the Judicial Panel on Multidistrict Litigation remand the cases listed in Exhibit A to the districts from which they were transferred. Signed by Judge Robert L Miller, Jr on 9/6/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) (A copy of this Order was emailed to the Judicial Panel on Multidistrict Litigation on 9/6/2018) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 201 TELEPHONE CONFERENCE held on 7/18/2018 before Judge Robert L Miller, Jr. Pla appeared by atty A. Davis, N. Ward. Dft appeared by atty E. Hanig, J. LaDue, J. Winter. Topics discussed included status of Group 5 and 6 discovery, the proposed pretrial order on remand, upcoming expert video depositions, pro se cases and pending motions. Following discussion, the court directed plaintiff's counsel to file any motion to enforce settlement in Simpson v. Biomet, 3:16cv466, by Aug 9, 2018. Next status conference set for Aug 27, 2018 at 1:30 p.m. (EDT) before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 199 Docket Annotation: The Dismissal Order entered on 5/29/2018 related to only three member cases, but was inadvertently docketed in all pending member cases. To avoid confusion and correct the error, the original entry [Doc. No. 3593 ] was deleted from the master and all member case dockets, and the order was redocketed in 3:12md2391 [Doc. No. 3596 ] and the related member cases (3:13cv1243, 3:14cv1243, and 3:16cv170).Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
Filing 198 STATUS CONFERENCE held on 5/17/2018 before Judge Robert L Miller, Jr. Pla appeared by atty Brenda Fulmer. Dft appeared by atty John Winter and John LaDue. The Court hears from parties. A Status Conference is set for 7/18/2018 at 1:30 PM (EST) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter J. Hoffman.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 191 STATUS CONFERENCE held on 3/12/2018 before Judge Robert L Miller, Jr. Pla appeared by attys Jasper Ward (in person), Brenda Fulmer and Ahmad Diab (by phone). Dft appeared by attys Erin Hanig, John LaDue, and John Winter (all in person). The Court hears from parties. Status Conference set for 5/17/2018 at 1:00 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Written order to follow.(Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 188 TELEPHONIC STATUS CONFERENCE held on 1/30/2018 before Judge Robert L Miller, Jr. Pla appeared by atty Brenda Fulmer (in person), Ahmed Diab and Justin Presnal (by phone). Dft appeared by atty Erin Linder and John LaDue (in person), John Winter (by phone). The next Status Conference is set for 3/12/2018 at 1:30 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Written order to follow.(Court Reporter Debra Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 186 OPINION AND ORDER DENYING 3381 Executive Committee's motion to exclude opinions and testimony of Biomet's expert Steven R. Schmid; GRANTING IN PART AND DENYING IN PART 3382 the Executive Committee's motion to exclude opinions and testimony of Biomet expert David Schroeder; DENYING 3383 the Executive Committee's motion to exclude opinions and testimony of Biomet's expert Daniel Schultz, M.D.; GRANTING IN PART AND DENYING IN PART 3384 the Executive Committee's motion to exclude opinions and testimony of Biomet's expert Andrew I Spitzer, M.D.; GRANTING IN PART AND DENYING IN PART 3385 the Executive Committee's Motion to exclude opinions and testimony of Biomet's expert Dr. Kenneth St. John; DENYING 3386 Biomet's motion to exclude opinions and testimony of the plaintiffs' expert Mari Truman; GRANTING IN PART AND DENYING IN PART 3399 Biomet's motion to exclude opinions and testimony of the plaintiffs' expert George S Kantor, M.D. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 183 TELEPHONIC STATUS CONFERENCE held on 10/26/2017 before Judge Robert L Miller, Jr. Pla appeared by atty B. Fulmer. Dft appeared by atty J. LaDue. The Court hears from the parties. Telephonic Status Conference set for 12/19/2017 at 1:30 PM (EST) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Set Hearings: Status Conference set for 7/13/2017 09:30 AM in US District Court - South Bend before Judge Robert L Miller Jr. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
Filing 175 STATUS CONFERENCE held on 4/24/2017 before Judge Robert L Miller, Jr. Plas appeared by atty Brenda Fulmer. Dfts appeared by atty John Winter, John LaDue, and Erin Hanig. Roland Jarquio appears on behalf of Nabileh & Ramon Jarquio (3:13cv933). The Court hears from parties. A Status Conference is set for 7/13/2017 at 9:30 AM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Written order to follow.(Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 173 TELEPHONE CONFERENCE held on 3/28/2017 before Judge Robert L Miller, Jr. Pla appeared by atty Ahmed Diab, Brenda Fulmer, and Justin Presnal. Dft appeared by atty John Winter, Erin Hanig, and John LaDue. The parties advised the court on the status of active/unresolved cases and discovery; indicated that they had reached an agreement regarding the composition of Group 4 for discovery purposes and would be submitting a proposed order by early April, with scheduling deadlines to be determined by the court; and confirmed that the hearing regarding management of the remaining pro se cases would proceed as scheduled on April 24, 2017 at 1:30 p.m. (EDT). The court set the next status conference for April 24, 2017, following the pro se case management hearing. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 168 NOTICE of Change of Address/Contact Information Associated Cases: 3:12-md-02391-RLM-MGG et al.(Hanig, Erin) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 166 STATUS CONFERENCE held on 11/7/2016 before Judge Robert L Miller, Jr. Plaintiffs appeared by atty B. Fulmer, N. Ward, A. Diab (by phone), J. Ward (by phone). Defendants appeared by atty J. Winter, J. LaDue, E. Hanig, J. Kashman. Court hears from parties. A Telephonic Status Conference is set for 12/15/2016 at 9:00 AM (EST) in US District Court - South Bend before Judge Robert L Miller Jr. Written memorandum to follow. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Magistrate Judge Michael G Gotsch, Sr added. Magistrate Judge Christopher A Nuechterlein no longer assigned to case. (dk) [Transferred from Indiana Northern on 9/10/2018.] |
Filing 159 TELEPHONIC STATUS CONFERENCE held on 8/29/2016 before Judge Robert L Miller, Jr. Pla appeared by atty B. Fulmer, J. Presnal, N. Ward, A. Davis, and K. Barton for A. Diab. Dft appeared by atty J. Winter, J. LaDue, and E. Hanig. The Court hears from parties. Status Conference set for 11/7/2016 at 1:30 PM (EST) in US District Court - South Bend before Judge Robert L Miller Jr. Written memorandum to follow. (Court Reporter D. Bonk) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 156 TELEPHONIC HEARING on PSC's request to extend custodial depositions deadline was held on 8/10/2016 before Judge Robert L Miller, Jr. Pla appeared by atty A. Diab, N. Ward, J. Presnall. Dft appeared by atty J. LaDue, E. Hanig. Arguments heard. For the reasons stated in open court the request to extend the deadline is DENIED. If previously undisclosed documents are produced in the Florida case that would justify reopening a deposition, the court will entertain a motion to reopen and to assess costs. SO ORDERED. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 152 RESPONSE to Motion re (3172 in 3:12-md-02391-RLM-CAN) MOTION Requesting Issuance of State Court Coordination Letter filed by Alex C Davis. Associated Cases: 3:12-md-02391-RLM-CAN et al.(Davis PHV, Alexander) [Transferred from Indiana Northern on 9/10/2018.] |
Filing 151 MEMORANDUM OF 7/14/2016 STATUS CONFERENCE: Following discussion the court set telephonic hearings on 7/28/2016 at 2:00 PM (EDT) and 8/10/2016 at 1:30 PM (EDT)in US District Court - South Bend before Judge Robert L Miller Jr. to resolve any discovery-related issues that may arise; and set a Telephonic Status Conference set for 8/29/2016 at 11:30 AM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Signed by Judge Robert L Miller, Jr on 7/18/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] Modified on 9/10/2018 (skm). |
Filing 150 STATUS CONFERENCE held on 7/14/2016 before Judge Robert L Miller, Jr. Pla appeared by atty N. Ward (in person) and A. Diab and B. Fulmer by phone.. Dft appeared by atty E. Hanig (in person) and J. Winter by phone. The court hears from parties. Telephonic Discovery hearings set 7/28/2016 at 2:00 PM (EDT) and 8/10/2016 at 1:30 PM (EDT) before Judge Miller. Status conference set 8/29/2016 at 11:30 AM (EDT) before Judge Miller. Written memorandum to follow. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 145 STATUS CONFERENCE held on 6/6/2016 before Judge Robert L Miller, Jr. Pla appeared by atty A. Diab and J. Presnal by phone. Dft appeared by atty J. LaDue, E. Hanig, and J. Winter in person. Court hears from parties. A tentative Discovery Hearing is set for 6/27/2016 at 1:30 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr., Status Conference set for 7/14/2016 at 1:30 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Written memorandum to follow. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 140 TELEPHONE CONFERENCE held on 4/25/2016 before Judge Robert L Miller, Jr. Pla appeared by atty N. Ward, J. Presnal, B. Fulmer, L. Stevens. Dft appeared by atty J. Winter. Court hears from parties. Telephonic hearings set for May 12, 2016 at 9:00 am (EDT) and May 23, 2016 at 1:00 pm (EDT) to address discovery related issues, if needed. Next status conference set for June 6, 2016 at 1:30 pm (EDT). (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Motion Terminated (3117) Motion to Withdraw as Attorney. Associated Cases: 3:12-md-02391-RLM-CAN et al.(ksc) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 136 MOTION to Withdraw as Attorney by In Re Biomet M2a Magnum Hip Implant Products Liability Litigation (MDL 2391). Associated Cases: 3:12-md-02391-RLM-CAN et al.(Moshkovich PHV, Jenya) [Transferred from Indiana Northern on 9/10/2018.] |
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HEARING RESET: By agreement of the parties, the hearing previously set for 4/14/16 is RESET to 4/26/2016 at 9:30 AM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) Modified on 4/5/2016 (jld). [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 133 MEMORANDUM OF MARCH 31, 2016 STATUS CONFERENCE held before Judge Robert L Miller, Jr. Pla appeared by atty Kyle Bachus, Justin Presnal, and Navan Ward. Dft appeared by atty John LaDue and John Winter. Following discussion, the court: 1) ordered counsel of record in 3:13cv1008 (Jacqueline Jones v. Biomet) and 3:14cv1482 (Mary E Stewart v. Biomet) to product to Biomet through PSC-II proposed deposition dates by 4/15/16; 2) held that if proposed deposition dates are not produced, Biomet may move for sanctions under F.R.C.P. 37(b); and 3) directed PSC-II to ensure that counsel of record in those cases receives notice of this order. (Court Reporter Debra Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] Modified on 9/10/2018 (skm). |
Filing 132 MEMORANDUM OF MARCH 14, 2016 STATUS CONFERENCE: Summary of topics discussed and action taken. Telephonic hearings set for March 31, 2016 at 9:00 a.m. (EDT) and April 14, 2016 at 9:00 a.m. (EDT) to resolve any future discovery disputes. Next status conference set for April 25, 2016 at 1:30 p.m. (EDT). Signed by Judge Robert L Miller, Jr on 3/16/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] Modified on 9/10/2018 (skm). |
Filing 131 STATUS CONFERENCE held on 3/14/2016 before Judge Robert L Miller, Jr. Pla appeared by atty Brenda Fulmer, Jasper Ward, Navan Ward. Dft appeared by atty Blaine Dart, John LaDue, Erin Linder Hanig, John Winter. Discussions held. Court to rule in writing on the parties' discovery dispute. Status Conference set for 4/25/2016 at 1:00 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) Modified on 3/16/2016 (jld). Modified on 3/17/2016 (jld). [Transferred from Indiana Northern on 9/10/2018.] |
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3087 Motion for Discovery terminated in case 3:12-md-02391-RLM-CAN Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
3087 Motion for Discovery terminated in case 3:12-md-2391-RLM-CAN. Associated Cases: 3:12-md-02391-RLM-CAN et al.(ksc) [Transferred from Indiana Northern on 9/10/2018.] |
Filing 129 MOTION for Discovery Plaintiff's Steering Committee Memorandum of the Parties' Dispute Regarding Supplementation of Prior Discovery Requests to Biomet by MDL - Notice Only Navan Ward, Jr. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)Associated Cases: 3:12-md-02391-RLM-CAN et al.(Ward PHV, Navan) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 127 DISCOVERY Documents Requested by the Court for March 14 Status Conference by Alex C Davis. (Attachments: #1 Exhibit Plaintiff's First Interrogatories, #2 Exhibit Defendant's Response to First Requests for Production, #3 Exhibit Defendant's Response to First Interrogatories)Associated Cases: 3:12-md-02391-RLM-CAN et al.(Davis PHV, Alexander) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 120 TELEPHONE CONFERENCE held on 2/16/2016 before Judge Robert L Miller, Jr. Pla appeared by atty N. Ward. Dft appeared by atty J. LaDue and J. Winter. Court hears from parties. Written memorandum to follow. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
Filing 119 NOTICE of Hearing: At the request of counsel a telephonic conference was set for Tuesday 2/16/2016 at 2:00 PM in US District Court - South Bend before Judge Robert L Miller Jr. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 117 MEMORANDUM OF JANUARY 28, 2016 TELEPHONIC STATUS CONFERENCE: Topics of discussion included the number of cases and motions currently pending. Biomet to review list of cases (see attached), identify which cases remain active, and file an updated list in 3:12-MD-2391. Next telephonic status conference set for March 14, 2016 at 2:00 p.m. (E.D.T.). Signed by Senior Judge Robert L Miller, Jr on 2/1/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)[Transferred from Indiana Northern on 9/10/2018.] Modified on 9/10/2018 (skm). |
Filing 116 TELEPHONIC STATUS CONFERENCE held on 1/28/2016 before Judge Robert L Miller, Jr. Pla appeared by atty A. Diab, B. Fulmer, N. Ward. Dft appeared by atty E. Hanig, J. Winter. Court hears from parties. Written memorandum to follow. Telephonic Status Conference set for 3/14/2016 at 2:00 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 111 MEMORANDUM OF DECEMBER 7, 2015 STATUS CONFERENCE: A brief summary of the topics discussed and the court's directives. Plaintiffs' Lead Counsel to submit a written statement regarding PSC II's position on M2a-Taper cases; Biomet Defendants were directed to file a list of cases settled on or by December 7, 2015 but have yet to be dismissed. The next Telephonic Status Conference is set for 1/28/2016 at 1:30 PM (EST) in US District Court - South Bend before Judge Robert L Miller Jr.. Signed by Judge Robert L Miller, Jr on 12/9/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] Modified on 9/10/2018 (skm). |
Filing 110 STATUS CONFERENCE held on 12/7/2015 before Judge Robert L Miller, Jr. Pla appeared by atty B. Fulmer, N. Ward,. Dft appeared by atty E. Hanig, J. Winter. Court hears from parties. A telephonic status conference is set for 1/28/2016 at 1:30 PM (EST) before Judge Robert L Miller, Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 103 Plaintiffs' Executive Committee's Amended Motion and Proposed Holdback Order re: Common Benefit Fees and Costs. Any response or objection to be filed by 11/20/2015. Associated Cases: 3:12-md-02391-RLM-CAN et al. ***NOTE: THIS IS A DUPLICATE OF DE 3000 in 3:12md2391 THAT HAS BEEN SPREAD TO ALL CASES.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
Filing 102 MOTION for Payment of Compensation from the Biomet Common Benefit MDL Assessment Fund. (Attachments: #1 Exhibit Invoice)Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) (*NOTE: This is re-filing of DE 2990 to spread it to all cases.) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 100 MEMORANDUM OF OCTOBER 7, 2015 STATUS CONFERENCE: A brief summary of the topics discussed and the court's directives. The next Status Conference is set for 12/7/2015 at 1:30 PM (EST) in US District Court - South Bend before Judge Robert L Miller Jr.. Signed by Judge Robert L Miller, Jr on 10/8/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] Modified on 9/10/2018 (skm). |
Filing 99 STATUS CONFERENCE held on 10/7/2015 before Judge Robert L Miller, Jr. Pla appeared by atty J. Presnal, N. Ward. Dft appeared by atty E. Hanig, J. LaDue, J. Winter. Court hears from parties. Next status conference set 12/7/15 at 1:30 PM (EDT) before Judge Miller. (Court Reporter J. Hoffman.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 95 STATUS CONFERENCE held on 9/3/2015 before Judge Robert L Miller, Jr. Plaintiffs appeared by atty N. Ward, B. Fulmer, K. Bachus, A. Diab, A. Pang Parra, J. Presnal, J. Ward, M. Nowell, L. Bronson. Defendants appeared by atty B Dart, J LaDue, E Hanig, J Winter. The next status conference is set for 10/7/15 at 1:30 PM (EDT) in South Bend, Indiana before Judge Robert L. Miller, Jr. Written memorandum to follow. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 92 MOTION for Payment of Common Benefit Attorneys' Fees and Expenses from the Biomet Common Benefit MDL Assessment Fund. (Attachments: #1 Exhibit A Contributions, #2 Exhibit B Hours by Firm, #3 Exhibit C Hierarchy of Values, #4 Exhibit D Affidavit of Mrs Larbes, #5 Exhibit E Trust Ledger, #6 Exhibit F Expense Summary, #7 Exhibit G Invoices)Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) ***NOTE: This is a re-entry of DE 2945 that has been spread to all the member cases. [Transferred from Indiana Northern on 9/10/2018.] |
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Motion termed: (2923) Motion to Amend/Correct in case 3:12-md-02391-RLM-CAN. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
Filing 89 NOTICE of Appearance by Justin J Presnal PHV on behalf of Richard Wessels (Presnal PHV, Justin) [Transferred from Indiana Northern on 9/10/2018.] |
Filing 88 NOTICE of Appearance by Eric J Rhine PHV on behalf of Richard Wessels (Rhine PHV, Eric) [Transferred from Indiana Northern on 9/10/2018.] |
Filing 87 STIPULATION FOR SUBSTITUTION OF COUNSEL. Filed on 7/2/2015. (jld) Modified 7/7/15 to correct title and term as a pending motion. (jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 85 MOTION to Substitute Jasper Ward as a Member of the Plaintiff's Steering Committee in lieu of Lawrence Jones by Jasper D Ward, IV. Associated Cases: 3:12-md-02391-RLM-CAN et al.(dk) [Transferred from Indiana Northern on 9/10/2018.] |
Motion terminated per 2925 Order. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Motions terminated pursuant to 2924 Order. Associated Cases: 3:12-md-02391-RLM-CAN et al.(ksc) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 82 Plaintiffs' Steering Committee's MOTION TO MODIFY (2909 in 3:12-md-02391-RLM-CAN) Case Management Order No 3 Regarding Plaintiffs' Organizational Structure. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) Modified on 7/2/2015 to term as a pending motion (jld). [Transferred from Indiana Northern on 9/10/2018.] |
Filing 81 AMENDED MOTION Appoint Escrow Agent and Fee Committee by Plaintiffs' Liaison Counsel. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 80 APPLICATION for WITHDRAWAL of Altom M. Maglio from Plaintiffs' Steering Committee. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 9/10/2018.] |
Motions Terminated: Motion to Appoint Escrow Agent and Fee Committee termed per Order 2914 in 3:12md2391. [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 75 STATUS CONFERENCE held on 5/18/2015 before Judge Robert L Miller, Jr. Pla appeared by atty T. Anapol, R. Dassow, B. Fulmer, M. Lanier, N. Ward, A. Diaz, K. Bachus, G. Borri, J. Lowe, L. Bronson, and J. Presnal. Dft appeared by atty B. Dart, J. LaDue, E. Hanig, and J. Winter. Court hears from parties. Written Memorandum to follow. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 9/10/2018.] |
Filing 74 Letter dated 5/14/15 from Terrence Smith re: 2874 . Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 9/10/2018.] |
Filing 73 Letter from Erin Linder Hanig re: remaining cases and attorneys. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 70 Plaintiffs Steering Committee's MOTION to Appoint Escrow Agent and Fee Committee (filed per Order 2285 in 3:12md2391). (Attachments: #1 Exhibit A)Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 71 Letter dated 5/7/15 from Plaintiff's attorney M David Riggs regarding DE 2874 in 3:12md2391. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 9/10/2018.] |
Filing 68 Letter dated 5/5/2015 from plaintiff's attorney Scott D. Perlmuter regarding 2874 Associated Cases: 3:12-md-02391-RLM-CAN et al. (dk) [Transferred from Indiana Northern on 9/10/2018.] |
Filing 67 Letter dated 5/4/2015 from plaintiff's atty John Ferris Dow regarding 2874 . Associated Cases: 3:12-md-02391-RLM-CAN et al. (dk) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 65 Letter from John D Winter in response to Greg Boris letter 2874 and Jeffrey J Lowe 2876 Associated Cases: 3:12-md-02391-RLM-CAN et al.(lpw) [Transferred from Indiana Northern on 9/10/2018.] |
Filing 64 Letter from Jeffrey J Lowe joining the requests set forth in Mr. Borri's letter of 4/24/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 63 Letter from Thomas R Anapol in response to 2874 Letter from Gregg Borri Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 9/10/2018.] |
Filing 62 Letter from Gregg J Borri to Judge Miller re: Kelly Chadwick in constituent case 3:12cv614, questioning the approach Biomet has taken in carrying out the Master Settlement Agreement. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 59 STATUS CONFERENCE held on 4/21/2015 before Judge Robert L Miller, Jr. Pla appeared by atty T. Anapol, R. Dassow, N. Ward, J. Fiske. Dft appeared by atty B. Dart, J. LaDue, E. Hanig, J. Winter. The next Status Conference is set for 5/21/2015 at 9:30 AM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 55 STATUS CONFERENCE held on 3/16/2015 before Judge Robert L Miller, Jr. Pla appeared by atty T. Anapol, R. Dassow, B. Fulmer, J. Ward, N. Ward. Dft appeared by atty J. LaDue, E. Hanig, J. Winter. The next Status Conference is set for 4/21/15 at 9:30 AM (EDT) in US District Court - South Bend before Judge Robert L. Miller, Jr. A written order will follow. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Set Hearings: Status Conference set for 3/16/2015 at 9:30 AM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
Filing 53 TELEPHONIC CASE MANAGEMENT CONFERENCE held on 1/30/2015 before Judge Robert L Miller, Jr. Pla appeared by atty T. Anapol, R. Dassow, R. Meadow. Dft appeared by atty J. Winter. The court GRANTED pltfs' oral request for additional time to mediate; EXTENDED the deadline to complete mediation for 30 days; AFFORDED pltfs to 3/2/15 to accept or reject the settlement offer/aggeement in the individual cases. A status conference is set for 3/16/15 at 9:30 AM (EDT) in the third floor courtroom in South Bend. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 51 TELEPHONE CONFERENCE held on 1/22/2015 before Judge Robert L Miller, Jr. Pla appeared by atty T. Anapol, R. Dassow. Dft appeared by atty J. Winter, J. LaDue, E. Hanig. Telephonic Status Conference set for 1/30/15 at 11:00 AM (EST) was confirmed. (Court Reporter J. Hoffman.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
Filing 50 MEMORANDUM OF STATUS CONFERENCE: Parties DIRECTED to file a joint status report by 1/22/15; the next telephonic status conference is set 1/30/15 at 11:00 a.m. EST. Signed by Judge Robert L Miller, Jr on 12/30/14. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] Modified on 9/10/2018 (skm). |
Filing 49 STATUS CONFERENCE held on 12/23/2014 before Judge Robert L Miller, Jr. Plas appeared by atty R. Dassow, T. Anapol (by phone), M. Lanier (by phone). Dfts appeared by atty J. LaDue, E. Hanig, J. Winter (by phone). Joint Status Report due 1/22/15; Telephonic Status Conference set for 1/30/2015 at 11:00 AM (EST) in US District Court - South Bend before Judge Robert L Miller Jr. Written Memorandum to follow. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) Modified on 12/24/2014 (jld). [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 44 STATUS CONFERENCE held on 10/20/2014, before Judge Robert L Miller, Jr. Pla appeared by atty T. Anapol, R. Dassow. Dft appeared by atty B. Dart, J. LaDue, E. Hanig, J. Winter (by phone). The court will accept applications for appointment or reappointment to plaintiffs' organizational structure (lead and liaison counsel, Executive Committee, and Steering Committee) until 11/18/14, Any objections to the appointment or reappointment should be made in writing and filed by 11/28/14; Status Report due by 12/8/2014; Telephonic Status Conference set for 12/23/2014 at 1:00 PM in US District Court - South Bend before Judge Robert L Miller Jr.) (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 41 TELEPHONE CONFERENCE held on 8/14/2014 before Judge Robert L Miller, Jr. Pla appeared by atty T. Anapol, M. Lanier, R. Dassow. Dft appeared by atty J. Winter. Parties moving forward pursuant to settlement agreement. Status reports due on 9/18/14 and 10/14/14. Next status conference scheduled for 10/20/2014 at 9:30 AM (EDT) with executive session, if necessary, at 9:00 AM (EDT) in South Bend. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 39 TELEPHONE CONFERENCE held on 6/12/2014 before Judge Robert L Miller Jr. Pla appeared by atty T. Anapol, R. Dassow. Dft appeared by atty J. Winter, J. LaDue, E. Hanig. Parties moving forward pursuant to settlement agreement. Plaintiffs' liaison counsel to advise the court regarding status of motions to remand in 3:13cv251, 3:13cv439, 3:13cv844, 3:13cv1359, and 3:14cv1610 by 6/19/14. Telephonic Status Conference set for 8/14/2014 at 1:00 PM (EDT) in US District Court - South Bend before Judge Robert L. Miller, Jr.(Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 37 TELEPHONIC STATUS CONFERENCE held on 4/21/2014 before Judge Robert L Miller, Jr. Pla appeared by attys T. Anapol, R. Dassow, M. Lanier, D. Kreis, R. Meadow. Dft appeared by attys E. Hanig, J. LaDue, J. Winter. Parties moving forward pursuant to settlement agreement. Parties directed to advise the court regarding status of motions to remand in 3:13cv251, 3:13cv439, 3:13cv844, and 3:13cv1359 in light of the Settlement Agreement. Telephonic Status Conference set for 6/12/2014 at 1:00 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 29 NOTICE of Hearing: The Case Management Conference originally set for 1/6/14 was snowed/frozen out and has been RESET for Friday, 2/28/14 at 10:00 AM (EST) in US District Court - South Bend before Judge Robert L Miller Jr. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 20 TELEPHONE CONFERENCE held on 11/18/2013 before Judge Robert L Miller, Jr. Plaintiffs appeared by attys T. Anapol, R. Dassow. Defendants appeared by atty J. Winter, J. LaDue, E. Hanig, B. Dart. Court hears from parties. Written Memorandum to follow. Telephonic Status Conference set for 1/6/2014 at 9:30 AM (EST) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter Debra Bonk) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 18 NOTICE OF HEARING: The Case Management Conference previously set 11/18/13 at 9:30 AM has been RESET for 11/18/13 at 10:00 AM (EST) in US District Court - South Bend before Judge Robert L Miller Jr. NOTE: ONLY THE TIME HAS CHANGED FROM 9:30 AM TO 10:00 AM (EST).Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 15 STATUS CONFERENCE held on 9/23/2013 before Judge Robert L Miller, Jr. Pla appeared by attys T. Anapol, A. Andrews, R. Arsenault, D. Burke, R. Dassow, F. Hovde, S. Hutson, M. Lanier, D. Kreis, D. Robinson, T. Campbell, J. Thornton, A. Brown. Dft appeared by attys J. LaDue, E. Hanig, J. Winter, B. Dart. Written Memorandum to follow. (Court Reporter Debra Bonk) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 13 NOTICE OF HEARING: The Case Management Conference previously set 9/23/2013 at 9:30 AM has been RESET for 9/23/2013 at 10:00 AM (EST) in US District Court - South Bend before Judge Robert L Miller Jr. NOTE: ONLY THE TIME HAS CHANGED FROM 9:30 AM TO 10:00 AM (EST)Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
Filing 12 ANSWER to #1 Complaint with Jury Demand by Biomet Inc, Biomet LLC, Biomet Orthopedics LLC.(LaDue, John) [Transferred from Indiana Northern on 9/10/2018.] Modified on 9/10/2018 (skm). |
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Filing 9 MEMORANDUM OF TELEPHONIC STATUS CONFERENCE: Following a brief discussion on the status of discovery and other administrative issues, the court directed the parties to brief their positions on plaintiffs' request for production of documents used to train the coding system by 8/5/13; tabled discussion on use of a form complaint, and deferred discussion of the deadlines for dispositive motions and selection of bellwether cases until the next case management conference on September 23, 2013 at 9:30 a.m. (E.D.T.). Signed by Judge Robert L Miller, Jr on 7/30/13. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] Modified on 9/10/2018 (skm). |
Filing 8 TELEPHONIC STATUS CONFERENCE held on 7/29/2013 before Judge Robert L Miller, Jr. Pla appeared by atty T. Anapol, R. Dassow, R. Hovde, R. Arsenault, D. Burke, P. Cordella. Dft appeared by atty J. Winter, J. LaDue. Written memorandum to follow. (Court Reporter D. Bonk) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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Filing 5 NOTICE of Appearance by Erin Linder Hanig on behalf of Biomet Inc, Biomet Orthopedics LLC (Hanig, Erin) [Transferred from Indiana Northern on 9/10/2018.] |
Filing 4 NOTICE of Appearance by John David LaDue on behalf of Biomet Inc, Biomet Orthopedics LLC (LaDue, John) [Transferred from Indiana Northern on 9/10/2018.] |
Filing 3 MDL APPLICATION for Attorney Larry D Helvey to Appear Pro Hac Vice on behalf of Plaintiff ;. (jld) [Transferred from Indiana Northern on 9/10/2018.] |
Filing 2 NOTICE OF RELATED CASE by Richard Wessels (jld) [Transferred from Indiana Northern on 9/10/2018.] |
Filing 1 COMPLAINT with Jury Demand against Biomet Inc, Biomet LLC, Biomet Orthopedics LLC (Filing fee $ 400.) Receipt #3007599, filed by Richard Wessels. (Attachments: #1 Civil Cover Sheet)(jld) [Transferred from Indiana Northern on 9/10/2018.] |
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