Oswald v. Biomet Orthopedics LLC et al
Plaintiff: Joseph Oswald
Defendant: Biomet Orthopedics, LLC, Biomet Inc, Biomet U.S. Reconstruction, LLC and Biomet Manufacturing Corp.
Case Number: 1:2019cv00607
Filed: February 28, 2019
Court: US District Court for the District of Maryland
Presiding Judge: Ellen L Hollander
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on November 25, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 28, 2019 Filing 237 Correspondence to Counsel re: Transfer Notification Letter (c/em 2/28/19) (krs, Deputy Clerk)
February 28, 2019 Filing 236 Case transferred in from District of Indiana Northern; Case Number 3:13-cv-00472. Original file copy of transfer order and docket sheet received.
February 22, 2019 Opinion or Order Filing 235 GROUP 3 TRANSFER ORDER AND EXPLANATION TO RECEIVING COURTS Pursuant to the court's prior orders and 28 U.S.C. 1404(a), this case is TRANSFERRED to the District of Maryland, Northern Division. Signed by Judge Robert L Miller, Jr on 2/22/19. (jld)
January 10, 2019 Opinion or Order Filing 234 MEMORANDUM AND ORDER FOR JANUARY 9, 2019 STATUS CONFERENCE Summary of topics discussed and action taken. Next status conference set for March 4, 2019 at 1:30 p.m. (EST). Signed by Judge Robert L Miller, Jr on 1/10/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
January 10, 2019 Filing 233 STATUS CONFERENCE held on 1/9/2019 before Judge Robert L Miller, Jr. Pla appeared by atty Navan Ward. Dft appeared by atty Erin Hanig, John Winter. Summary of topics discussed and action taken. Next status conference set for March 4, 2019 at 01:30 PM (EST) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) Modified on 1/11/2019 to correct date hearing held (jld). Modified on 2/1/2019 to correct date hearing held (dk).
January 8, 2019 Opinion or Order Filing 232 ORDER Responses to the court's request or additional information regarding the cases to be included in Remand/Transfer Group 3 are due by 1/28/2019. Signed by Judge Robert L Miller, Jr on 1/8/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
January 7, 2019 Opinion or Order Filing 231 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the status conference on January 9, 2019 at 1:15 p.m. (EST).. Signed by Judge Robert L Miller, Jr on 1/7/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
November 19, 2018 Filing 230 STATUS CONFERENCE held on 11/15/2018 before Judge Robert L Miller, Jr. Pla appeared by atty Brenda Fulmer. Dft appeared by atty John Winter, Erin Hanig. Topics discussed included status of discovery in Groups 6 and 7 and pending motions. Next status conference set for Wednesday, January 9, 2019 at 1:15 p.m. (EST) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) Modified on 12/13/2018 to correct date of hearing (jld).
November 9, 2018 Opinion or Order Filing 229 ORDER Concerning Remote Attendance at Status Conference; set for 11/15/2018 01:15 PM EST by telephone can join via conference call. Signed by Judge Robert L Miller, Jr on 11/9/2018. Associated Cases: 3:12-md-02391-RLM-MGG et al.(lpw)
October 1, 2018 Opinion or Order Filing 228 ORDER The court GRANTS the parties' joint motion for an extension of time to submit the proposed Remand Group 2 case list (Doc. No. 3723 ) to/including 10/5/2018. Signed by Judge Robert L Miller, Jr on 10/1/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
September 24, 2018 Opinion or Order Filing 223 ORDER By agreement of the parties, the November 8 status conference is RESET for Thursday 11/15/2018 at 1:15 PM (EST) in US District Court - South Bend before Judge Robert L Miller Jr.. Signed by Judge Robert L Miller, Jr on 9/24/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
September 21, 2018 Opinion or Order Filing 222 MEMORANDUM AND ORDER FOR SEPTEMBER 19, 2018 STATUS CONFERENCE Summary of topics discussed and action taken. Next status conference set for November 8, 2018 at 1:15 p.m. (EST).. Signed by Judge Robert L Miller, Jr on 9/21/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
September 19, 2018 Opinion or Order Filing 221 ORDER The court GRANTS the defendants' 3178 Motion to add Attorneys J. Joseph Tanner, Adrienne Franco Busby, Andrew L. Campbell, and Stephanie N. Russo as Co-Liaison Counsel. Signed by Judge Robert L Miller, Jr on 9/19/2018. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
September 19, 2018 Filing 220 STATUS CONFERENCE held on 9/19/2018 before Judge Robert L Miller, Jr. Pla appeared by atty N. Ward and B. Fulmer (by phone). Dft appeared by atty E. Hanig, J. Winter, J. LaDue, J. Tanner (in person). The Court hears from parties. Written order to follow. The next Status Conference is set for 11/8/2018 at 1:15 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
September 18, 2018 Filing 227 NOTICE of Appearance by Adrienne Franco Busby on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc)
September 18, 2018 Filing 226 NOTICE of Appearance by Stephanie N Russo on behalf of Biomet Inc, Biomet Orthopedics, LLC.(ksc)
September 18, 2018 Filing 225 NOTICE of Appearance by Andrew L Campbell on behalf of Biomet Inc, Biomet Orthopedics.(ksc)
September 18, 2018 Filing 224 NOTICE of Appearance by J Joseph Tanner on behalf of Biomet Inc, Biomet Orthopedics, LLC. (ksc)
September 12, 2018 Opinion or Order Filing 219 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the status conference on September 19, 2018 at 1:30 p.m. (E.D.T.). Signed by Judge Robert L Miller, Jr on 9/12/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
September 6, 2018 Opinion or Order Filing 218 ORDER OF TRANSFER UNDER 28 U.S.C. 1404(a) AND EXPLANATION TO RECEIVING COURTS Pursuant to the court's prior orders and 28 USC 1404(a), the Clerk of Court is ORDERED TO TRANSFER the cases listed on Exhibit A to the venues agreed upon by the parties and designated in the order. Signed by Judge Robert L Miller, Jr on 9/6/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
September 6, 2018 Filing 217 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)
August 24, 2018 Opinion or Order Filing 216 ORDER VACATING DIRECT FILING PROVISION AND REQUESTING CESSATION OF CONDITIONAL TRANSFERS : Pursuant to the scheduling order issued on 4/23/18 Doc No. 3573 , the provisions in Section III of the 2/15/13 and 3/14/16 Case Mgmt Orders Doc. Nos. 242 and 3096 allowing direct filing in this Court are VACATED effective 9/1/18, and no direct filings will be allowed after that date. Signed by Judge Robert L Miller, Jr on 8/24/18. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk)
August 16, 2018 Opinion or Order Filing 215 ORDER: The parties shall have to and including 8/31/18 to file any objections they may have to: (1) adding 3:13-CV-283, 3:13-CV-1017, 3:14-CV-1264, and 3:14-CV-1271 to the list of cases to be included in Remand Group 1, and (2) transferring all direct-filings to the jurisdictions identified in the proposed list and issuing a suggestion of remand in the cases listed above . Signed by Judge Robert L Miller, Jr on 8/16/18. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk)
July 26, 2018 Opinion or Order Filing 214 ORDER The Defendants' ( 3623 in 3:12-md-02391-RLM-MGG) Consent MOTION to reset Status Conference is GRANTED. The Status Conference is RESET 9/19/2018 at 1:30 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Signed by Judge Robert L Miller, Jr on 7/26/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
July 18, 2018 Filing 213 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)
July 12, 2018 Opinion or Order Filing 212 Remote Attendance Order for July 18, 2018 Status Conference Call in information for the hearing on 7/18/2018 at 1:30 PM (EDT). Signed by Judge Robert L Miller, Jr on 7/12/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
May 29, 2018 Filing 211 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)
May 17, 2018 Filing 210 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)
May 9, 2018 Opinion or Order Filing 209 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the May 17, 2018 status conference.. Signed by Judge Robert L Miller, Jr on 5/9/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
April 23, 2018 Opinion or Order Filing 208 SCHEDULING ORDER - This order activates Group 6 (Exh. A) for case specific discovery purposes and establishes deadlines for winding up the MDL proceedings. Signed by Judge Robert L Miller, Jr on 4/23/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(ksc)
April 10, 2018 Opinion or Order Filing 207 ORDER GRANTING 3560 Motion for Extension of Time to File. Parties given to and including April 11, 2018 to file the joint proposed scheduling order. Signed by Judge Robert L Miller, Jr on 4/10/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
March 29, 2018 Opinion or Order Filing 206 ORDER By agreement of the parties, the court established deadlines and a schedule for briefing summary judgment motions in the cases identified in Exhibits A, B, and C to this order. See order for details.. Signed by Judge Robert L Miller, Jr on 3/29/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
March 26, 2018 Opinion or Order Filing 205 ORDER GRANTING IN PART Plaintiffs Steering Committee's request to take video depositions of its generic expert witnesses, and DIRECTING parties to submit proposed agreed scheduling order by April 9, 2018. Signed by Judge Robert L Miller, Jr on 3/26/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
March 14, 2018 Opinion or Order Filing 204 MEMORANDUM AND ORDER FOR MARCH 12, 2018 STATUS CONFERENCE Summary of topics discussed and action taken. Next status conference set for Thursday, May 17, 2018 at 1:00 p.m. (EDT).. Signed by Judge Robert L Miller, Jr on 3/14/2018. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
March 12, 2018 Filing 203 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)
February 8, 2018 Opinion or Order Filing 202 OPINION AND ORDER Biomets 3388 motions for summary judgment related to the Taper, ReCap, and metal-on-polyethylene devices is DENIED on the merits; Biomets 3390 motions for summary judgment relating to the state-of-the-art defense is DENIED, without prejudice; If the plaintiffs in White v. Biomet (3:16cv115) and Glynn v. Biomet (3:15cv491) wish to take device-specific expert depositions, they should file a motion to that effect within 14 days from the date of this order, and should indicate in that motion whether local counsel will conduct the deposition, with or without the assistance of the Plaintiffs Steering Committee. The plaintiffs in the Price v. Biomet (3:14cv275) and Gearon v. Biomet (3:14cv2099) shall have 14 days from the date of this order to file a motion to amend the scheduling order to allow device-specific expert depositions or, alternatively, a motion for suggestion of remand. If they elect the later, the Plaintiffs Steering Committee should address the effect, if any, remand would have on the plaintiffs obligations under the December 7,2015 Amended Holdback Order 3022 in its response. Signed by Judge Robert L Miller, Jr on 2/8/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
February 1, 2018 Opinion or Order Filing 201 MEMORANDUM AND ORDER FOR JANUARY 30, 2018 STATUS CONFERENCE Summary of the topics discussed and actions taken. The next Status Conference is set for 3/12/2018 at 1:30 PM (EDT)in US District Court - South Bend before Judge Robert L Miller Jr.. Signed by Judge Robert L Miller, Jr on 2/1/18. (Copy mailed to pro se parties)Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
January 30, 2018 Filing 200 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)
January 25, 2018 Opinion or Order Filing 199 Remote Attendance Order for January 30, 2018 Telephonic Status Conference Call-in information for the telephonic status conference on January 30, 2018 at 1:30 pm (EDT).. Signed by Judge Robert L Miller, Jr on 1/25/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
January 8, 2018 Opinion or Order Filing 198 ORDER The Joint Motion to Amend Group 5 Case List 3491 is GRANTED, and the the pool of cases listed on Amended Exhibit A is SUBSTITUTED as Group 5 for case-specific discovery. Signed by Judge Robert L Miller, Jr on 1/8/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
December 21, 2017 Filing 197 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)
December 18, 2017 Opinion or Order Filing 196 ORDER ACTIVATING GROUP 5 DISCOVERY Identifies cases to be included in Group 5 for purposes of case-specific discovery and related deadlines. Completed and updated medical records authorizations to be provided to Biomet by 2/2/2018. Case-specific Discovery deadline is 9/14/2018.. Signed by Judge Robert L Miller, Jr on 12/18/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
December 18, 2017 Opinion or Order Filing 195 ORDER On the court's own motion and without objection, the telephonic status conference originally set for 12/19/2017 is now RESET for Tuesday, 1/30/2018 at 1:30 PM (EST) in US District Court - South Bend before Judge Robert L Miller Jr.. Signed by Judge Robert L Miller, Jr on 12/18/17. (Copy mailed to pro se parties)Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
December 12, 2017 Opinion or Order Filing 194 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the 12/19/2017 status conference at 1:30 pm (EST). Signed by Judge Robert L Miller, Jr on 12/12/17. (Copy mailed to pro se parties)Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
October 26, 2017 Filing 193 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)
October 23, 2017 Opinion or Order Filing 192 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the Oct. 26, 2017 status conference at 1:30 pm (EDT).. Signed by Judge Robert L Miller, Jr on 10/23/17. (Copy mailed to pro se parties)Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
August 28, 2017 Opinion or Order Filing 191 MEMORANDUM AND ORDER FOR AUGUST 24, 2017 STATUS CONFERENCE Summary of topics discussed and action taken. The next status conference is set for Thursday, October 26, 2017 at 1:30 PM (EDT). Signed by Judge Robert L Miller, Jr on 8/28/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
August 18, 2017 Opinion or Order Filing 190 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE : Call-in information for the August 24, 2017 status conference at 1:00 pm (EDT). Signed by Judge Robert L Miller, Jr on 8/18/2017. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk)
July 14, 2017 Opinion or Order Filing 189 MEMORANDUM AND ORDER FOR JULY 13, 2017 STATUS CONFERENCE , Summary of topics discussed and action taken. Parties to submit recommendations regarding procedures for handling new referrals and culminating proceedings by August 17, 2017. Next status conference set for August 24, 2017 at 1:00 p.m. (EDT). Signed by Judge Robert L Miller, Jr on 7/14/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
July 10, 2017 Opinion or Order Filing 188 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the July 13, 2017 status conference at 9:30 am (EDT).. Signed by Judge Robert L Miller, Jr on 7/10/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
June 15, 2017 Opinion or Order Filing 187 ORDER GRANTING ( 3354 ) Motion for Extension of Time to File in case 3:12-md-02391-RLM-MGG. The defendants shall have to and including 7/31/2017 to file any motion directed at the admissibility of Dr. Kantor's testimony under Federal Rule of Evidence 702. Response due by 8/31/17 and Reply to be filed by 9/11/2017. Signed by Robert L Miller, Jr on 6/15/17. (Copy mailed to pro se party)Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
April 28, 2017 Opinion or Order Filing 186 MEMORANDUM AND ORDER FOR APRIL 24, 2017 PRO SE HEARING AND STATUS CONFERENCE Brenda Fulmer appeared for the plaintiffs; John Winter, John LaDue, and Erin Linder Hanig appeared for the defendants. Topics addressed included the pro se and Metal-on-Polyethylene (MoP) cases, active case count, status of discovery in Groups 3 and 4, and pending motions with actions taken in specific case as set forth in the Order. The next status conference is set for 7/13/2017 at 9:30 am (EDT). Signed by Judge Robert L Miller, Jr on 4/28/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
April 28, 2017 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)
April 24, 2017 Filing 185 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)
April 21, 2017 Opinion or Order Filing 184 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the April 24, 2017 telephonic status conference at 1:30 p.m. (E.D.T.). Signed by Judge Robert L Miller, Jr on 4/21/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
March 28, 2017 Filing 183 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)
March 23, 2017 Opinion or Order Filing 182 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the March 28, 2017 telephonic status conference at 1:30 p.m. (E.D.T.). Signed by Judge Robert L Miller, Jr on 3/23/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
February 23, 2017 Opinion or Order Filing 181 ORDER On the courts own motion and without objection, the telephonic status conference currently set for February 27, 2017 is RESET for Tuesday, March 28, 2017, at 1:30 p.m. (E.D.T.). Signed by Judge Robert L Miller, Jr on 2/23/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
January 17, 2017 Opinion or Order Filing 180 ORDER: In light of the appearance of new counsel for plaintiff, the court VACATES #177 ORDER regarding pro se cases. Signed by Judge Robert L Miller, Jr on 1/17/17. (jld)
December 20, 2016 Filing 179 NOTICE of Appearance by Alexander C Davis PHV on behalf of All Plaintiffs (Davis PHV, Alexander)
December 15, 2016 Opinion or Order Filing 178 MEMORANDUM AND ORDER FOR DECEMBER 15, 2016 STATUS CONFERENCE Summary of topics discussed and action taken. Next status conference set for 2/27/2017 09:30 AM in US District Court - South Bend before Judge Robert L Miller Jr. Signed by Judge Robert L Miller, Jr on 12/15/16. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk)
December 14, 2016 Opinion or Order Filing 177 ***VACATED PER #180 ORDER ENTERED 1/17/2017*** ORDER REGARDING PRO SE CASES: Order explaining what pro se plaintiffs (plaintiffs who are representing themselves, without an attorney) must do to prosecute their case and avoid dismissal. All pro se plaintiffs must submit a Declaration of Intent (Exhibit B) by 1/13/17, and must either submit an Expert Declaration of Causation (Exhibit C) completed and signed by an orthopedic surgeon by 4/17/17 or attend a hearing in person on 4/24/17 at 1:30 p.m. (E.D.T.), in South Bend, Indiana. Failure to comply will result in dismissal. Signed by Judge Robert L Miller, Jr on 12/14/16. (dk) Modified on 1/17/2017 (jld).
November 28, 2016 Opinion or Order Filing 176 MEMORANDUM AND ORDER FOR NOVEMBER 7, 2016 STATUS CONFERENCE Summary of topics discussed. Parties to submit proposed scheduling order re: Group 3 by Nov 11. Next status conference set for December 15, 2016 at 9:00 a.m. (E.S.T.). Signed by Judge Robert L Miller, Jr on 11/28/16. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
November 28, 2016 Filing 175 NOTICE of Change of Address/Contact Information Associated Cases: 3:12-md-02391-RLM-MGG et al.(Hanig, Erin)
November 15, 2016 Opinion or Order Filing 174 ORDER RE: GROUP 3, MANAGEMENT OF PRO SE CASES, AND STATE COURT COORDINATION I OVERRULE the objection to including the Gearon case in Group 3; GRANT the motion (DE 121 in 3:15cv13) to include the Zamora case in Group 3; DECLINE to order inclusion of the ten year cases in Group 3; and propose to issue a modified Lone Pine order and letter to state judges. If no suggestions for improvement are received by November 23, I will issue the Lone Pine order and direct the letters to be sent. Signed by Judge Robert L Miller, Jr on 11/15/16. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
November 7, 2016 Filing 173 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)
October 28, 2016 Opinion or Order Filing 172 ORDER : GRANTING 3225 PSCII's unopposed Motion to Appoint a Second Escrow Agent and Fee Committee. Signed by Judge Robert L Miller, Jr on 10/28/16. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
October 6, 2016 Opinion or Order Filing 171 ORDER The Plaintiffs' Steering Committee and Biomet are invited to provide a brief explanation for its recommendation regarding the cases to be included in Group 3. The ruling on the joint request to activate Group 3 is DEFERRED until 10/28/2016. Signed by Judge Robert L Miller, Jr on 10/6/16. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
October 6, 2016 Opinion or Order Filing 170 ORDER The court will DEFER ruling on the Plaintiffs Steering Committee's Motion to Appoint a Second Escrow Agent and Fee Committee ( 3225 in 3:12md2391) until 10/27/2016 to afford the individual plaintiffs time to respond or object to the motion. Signed by Judge Robert L Miller, Jr on 10/6/2016. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld)
August 31, 2016 Opinion or Order Filing 169 ORDER Plaintiffs' Steering Committee to submit proposed order re: appointment of Escrow Agent by Sep 23, 2016. Signed by Judge Robert L Miller, Jr on 8/31/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
August 31, 2016 Opinion or Order Filing 168 ORDER Parties shall have until Sep 23, 2016 to confer, identify for the court which, if any, of the cases listed in Exhibit A should be designated as active and unsettled, and submit a proposal regarding disposition of the remaining cases. Signed by Judge Robert L Miller, Jr on 8/31/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
August 31, 2016 Opinion or Order Filing 167 MEMORANDUM AND ORDER FOR AUGUST 29, 2016 STATUS CONFERENCE Summary of topics discussed. Parties to submit proposed list of cases to be included in Group 3 for case-specific discovery purposes. PSCII to submit alternative to Lone Pine order in pro se cases within 30 days; Biomet's response due 30 days after receipt. Parties to confer and submit proposed second show cause order. Ruling on Biomet's request to issue state court coordination letter 3172 deferred. Next status conference set for November 7, 2016 at 1:30 p.m. (E.S.T.). Signed by Judge Robert L Miller, Jr on 8/31/2016. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
August 30, 2016 Magistrate Judge Michael G Gotsch, Sr added. Magistrate Judge Christopher A Nuechterlein no longer assigned to case. (dk)
August 29, 2016 Filing 166 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)
August 25, 2016 Opinion or Order Filing 165 ORDER CONCERNING REMOTE ATTENDANCE AT 8/29/16 STATUS CONFERENCE Call-in information for August 29, 2016 hearing at 11:00 a.m. (EDT). Signed by Judge Robert L Miller, Jr on 8/25/2016. Associated Cases: 3:12-md-02391-RLM-CAN et al.(lns)
August 17, 2016 Opinion or Order Filing 164 ORDER: The court VACATES the referral to Magistrate Judge Nuechterlein, and REFERS this matter to Magistrate Judge Michael Gotsch to determine any pretrial matters and to conduct such proceedings as are required, and, when appropriate, to enter into the record proposed findings of fact and recommendations for the disposition of this case, pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Local Rule 72-1. Signed by Judge Robert L Miller, Jr on 8/17/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
August 10, 2016 Filing 163 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)
August 4, 2016 Opinion or Order Filing 162 ORDER CONCERNING REMOTE ATTENDANCE AT 8/10/16 DISCOVERY HEARING Call-in information for August 10, 2016 hearing at 1:30 p.m. (E.D.T.).. Signed by Judge Robert L Miller, Jr on 8/4/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
July 28, 2016 Opinion or Order Filing 161 ORDER On the court's own motion, the telephonic status conference on 8/29/2016 is RESET for 11:00 AM (EDT) This is a time change only. Signed by Judge Robert L Miller, Jr on 7/28/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
July 28, 2016 Opinion or Order Filing 160 ORDER The parties have advised the court that there are no disputed issues regarding discovery. Accordingly the July 28, 2016 telephonic hearing is VACATED. Signed by Judge Robert L Miller, Jr on 7/28/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
July 26, 2016 Filing 159 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)
July 18, 2016 Filing 158 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)
July 14, 2016 Filing 157 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)
July 7, 2016 Opinion or Order Filing 156 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for July 14, 2016 status conference at 1:30 PM (EDT). Signed by Judge Robert L Miller, Jr on 7/7/2016. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
July 5, 2016 Opinion or Order Filing 155 ORDER The court invites PSC-II to respond to Biomet's 3172 motion and proposed letter within 21 days of the date of this order. Signed by Judge Robert L Miller, Jr on 7/5/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
June 24, 2016 Opinion or Order Filing 154 ORDER Neither party has identified a discovery-related issue requiring a hearing. Accordingly the hearing previously set for 6/27/2016 is VACATED. Signed by Judge Robert L Miller, Jr on 6/24/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
June 10, 2016 Opinion or Order Filing 153 MEMORANDUM AND ORDER RE: JUNE 6, 2016 TELEPHONIC STATUS CONFERENCE: Summary of topics discussed. By agreement of the parties, the May 31, 2016 order identifying the cases in Group 2 [Doc. No. 3150] is amended (revised list attached). Hearing on any discovery-related issues tentatively set for June 27, 2016 at 1:30 (will be vacated unless the parties notify the court by June 23 that the hearing is necessary and what the issues will be). Next telephonic status conference set for July 14, 2016 at 1:30 p.m. (E.D.T.). Signed by Judge Robert L Miller, Jr on 6/10/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
June 6, 2016 Filing 152 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)
June 3, 2016 Opinion or Order Filing 151 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE: Call-in information for June 6, 2016 status conference at 1:30 p.m. (E.D.T.). Signed by Judge Robert L Miller, Jr on 6/3/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
May 26, 2016 Opinion or Order Filing 150 ORDER TO SHOW CAUSE The Court AFFORDS the plaintiffs listed on Exhibit A 30 days from the date of this order to show cause why their individual case should not be dismissed with prejudice. Signed by Judge Robert L Miller, Jr on 5/26/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
May 19, 2016 Opinion or Order Filing 149 ORDER By agreement of the parties, the May 23, 2016 telephonic hearing on discovery related issues is VACATED as unnecessary. Signed by Judge Robert L Miller, Jr on 5/19/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
May 11, 2016 Opinion or Order Filing 148 ORDER: By agreement of the parties the 5/12/2016 hearing on discovery related issues is VACATED as unnecessary. Signed by Judge Robert L Miller, Jr on 5/11/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
April 26, 2016 Opinion or Order Filing 146 MEMORANDUM OF APRIL 25, 2016 TELEPHONIC STATUS CONFERENCE Summary of topics discussed. Defendants to submit proposed order re: dismissal of remaining settled/funded cases. 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). Signed by Judge Robert L Miller, Jr on 4/26/2016. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
April 25, 2016 Filing 147 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)
April 14, 2016 Opinion or Order Filing 145 NOTICE REGARDING FUTURE FILINGS To ensure notice is provided to all parties, the court's orders regarding deadlines and events applicable to every case associated with MDL 2391 will be filed in all member cases as well as in 3:12md2391. Filings made by the parties in 3:12md2391 will be available on the court's Case Management/Electronic Case Filing (CM/ECF) system or in the Clerk's Office, but will not be spread to individual cases unless a request is made and approved. Signed by Judge Robert L Miller, Jr on 8/14/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
April 13, 2016 Motion Terminated (3117) Motion to Withdraw as Attorney. Associated Cases: 3:12-md-02391-RLM-CAN et al.(ksc)
April 13, 2016 Opinion or Order Filing 144 ORDER GRANTING (3117) Motion to Withdraw as Attorney. Attorney Jenya M Moshkovich PHV terminated in case 3:12-md-02391-RLM-CAN. Signed by Judge Robert L Miller, Jr on 4/13/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
April 12, 2016 Filing 143 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)
April 7, 2016 Opinion or Order Filing 142 ORDER Based on counsels representation that the parties have reached an agreement regarding the discovery disputes addressed in the courts March 28 memorandum, the hearing scheduled for April 26, 2016 at 9:30 a.m. is VACATED. Signed by Judge Robert L Miller, Jr on 4/7/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
April 4, 2016 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).
March 31, 2016 Opinion or Order Filing 141 ORDER For all future discovery-related telephonic status conferences the court orders: 1) Parties shall notify the court in writing at least 48 hours in advance of the scheduled conference whether a conference is necessary and if so, the issues to be addressed; and 2) parties shall be responsible for notify its side's attorneys about the conference and arranging the telephonic participation of those attorneys. Signed by Judge Robert L Miller, Jr on 3/31/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
March 31, 2016 Filing 140 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)
March 16, 2016 Filing 139 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)
March 14, 2016 Filing 138 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).
March 8, 2016 Opinion or Order Filing 137 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE: Call in information for March 14, 2016 status conference at 2:00 PM (EST). Signed by Judge Robert L Miller, Jr on 3/8/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
March 7, 2016 3087 Motion for Discovery terminated in case 3:12-md-2391-RLM-CAN. Associated Cases: 3:12-md-02391-RLM-CAN et al.(ksc)
March 7, 2016 3087 Motion for Discovery terminated in case 3:12-md-02391-RLM-CAN Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
March 7, 2016 Filing 136 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)
March 3, 2016 Opinion or Order Filing 135 ORDER The court GRANTS the unopposed motion to remove plaintiff Henry Cook from Group I Class [docket # 92 in 3:15cv77] and DENIES as moot his earlier motion [docket # 88] seeking the same relief.. Signed by Judge Robert L Miller, Jr on 3/3/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
March 2, 2016 Filing 134 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)
February 29, 2016 Opinion or Order Filing 133 ORDER At the request of the parties, the March 14, 2016 status conference is converted from a telephonic to a live conference, with lead counsel for both sides to appear in person.. Signed by Judge Robert L Miller, Jr on 2/29/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd)
February 29, 2016 Opinion or Order Filing 132 ORDER RE: PROCEDURE GOVERNING DISCOVERY FOR IN EXTREMIS PLAINTIFFS. Signed by Judge Robert L Miller, Jr on 2/29/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd)
February 29, 2016 Opinion or Order Filing 131 ORDER : Pursuant to the December 21, 2015 scheduling order, the listed cases are included in Group 1 for purposes of case-specific discovery. Signed by Judge Robert L Miller, Jr on 2/29/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
February 24, 2016 Opinion or Order Filing 130 ORDER To prepare for the March 14 status conference, parties to provide a copy of the original interrogatories and requests for production that were served on the defendants in 2013 and the defendants' responses to those interrogatories and production requests by 3/4/2016. Signed by Judge Robert L Miller, Jr on 2/24/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
February 17, 2016 Opinion or Order Filing 129 ORDER At the request of the parties, the court heard arguments regarding the scope of depositions to be conducted in the statute of limitations and spoliation cases (see Exhibits A and B to the December 21, 2015 scheduling order) and the number of cases listed on Exhibit B. For the reasons stated, the parties were directed to conduct a single, full deposition of the plaintiffs identified in Exhibits A and B, unless the court rules to the contrary in a given case. The court deferred ruling on PSC II's request to remove cases from Exhibit B, until briefing on the anticipated summary judgment motions is completed. Signed by Judge Robert L Miller, Jr on 2/17/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
February 17, 2016 Opinion or Order Filing 128 ORDER Biomet to submit a list of the cases that remain active as of 2/1/2016 to help identify which of those cases are to be included in Group 1 for discovery purposes by 2/28/2016. Signed by Judge Robert L Miller, Jr on 2/17/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
February 16, 2016 Filing 127 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)
February 16, 2016 Filing 126 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)
February 16, 2016 Opinion or Order Filing 125 ORDER Pursuant to paragraphs 7 & 9 of the December 21 scheduling order 3047 , two pools consisting of the oldest cases on the MDL docket and any in extremis cases identified by PSC II or Biomet and approved by the court (Groups 1 & 2) will be activated for case-specific discovery beginning 2/29/2016 and 5/20/2016 respectively. Consistent with that order, the PSC II and Biomet are DIRECTED to confer and, if possible, agree upon the procedures to be followed with respect to any in extremis cases, and to submit their proposal for the court's approval on or before 2/29/2016. Signed by Judge Robert L Miller, Jr on 2/16/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
February 1, 2016 Filing 124 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)
January 28, 2016 Filing 123 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)
January 26, 2016 Opinion or Order Filing 122 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for January 28, 2016 status conference at 1:30 p.m. (E.S.T.).. Signed by Judge Robert L Miller, Jr on 1/26/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
December 23, 2015 Opinion or Order Filing 121 ORDER: PSC I's request for reimbursement ( 3027 in 3:12md2391) is GRANTED, and Garretson Resolution Group is ORDERED to reimburse PSC I the $25,000.00 it withheld from the Common Benefit Expense Account. Signed by Judge Robert L Miller, Jr on 12/23/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
December 21, 2015 Opinion or Order Filing 120 SCHEDULING ORDER: Order setting discovery and dispositive deadlines. See order for specific deadlines. Signed by Judge Robert L Miller, Jr on 12/21/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
December 17, 2015 Opinion or Order Filing 119 ORDER So the court can issue its scheduling order, parties requested to submit Exhibits A and B that are to be referenced in the scheduling order. Signed by Judge Robert L Miller, Jr on 12/17/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
December 9, 2015 Filing 118 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)
December 7, 2015 Filing 117 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)
December 7, 2015 Opinion or Order Filing 116 AMENDED HOLDBACK ORDER RE: COMMON BENEFIT FEES AND COSTS: Order granting PSC II's Amended Motion and Proposed Holdback Order Re: Common Benefit Fees and Costs ( 3000 and 3002 ). Any cases that are resolved after Monday, December 7, 2015 shall be subject to a provisional six percent holdback. 3020 .. Signed by Judge Robert L Miller, Jr on 12/7/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
December 3, 2015 Opinion or Order Filing 115 ORDER: Without objection and in accordance with the court's order of 6/23/2015, the 2990 and 2991 Motions for Payment of Compensation to the Garretson Resolution Group Inc from the Biomet MDL Common Benefit Cost Fund in the amount of $18,500.00 are GRANTED. Signed by Judge Robert L Miller, Jr on 12/3/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd)
December 1, 2015 Opinion or Order Filing 114 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE: Call in information for the status conference set 12/7/2015 at 1:30 PM (EDT). Signed by Judge Robert L Miller, Jr on 12/1/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
December 1, 2015 Opinion or Order Filing 113 HOLDBACK ORDER RE: COMMON BENEFIT FEES AND COSTS: GRANTING (3002) Amended Motion re Holdback Order re Common Benefit Fees and Costs. Cases that do not have a Notice of Settlement filed into the individual case's docket on or before Monday November 30, 2015 shall be subject to a provisional 6% holdback; the Holdback Order does not apply to any cases involving pro se plaintiffs, which will be addressed on an individual case-by-case basis; the Holdback Order is provisional in nature. Plaintiffs' Liaison Counsel shall send a copy of the Holdback Order to the attorneys of record in the pending state court actions that PSC II is aware of. Signed by Judge Robert L Miller, Jr on 12/1/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd)
November 24, 2015 Opinion or Order Filing 112 ORDER: Motion 2963 is WITHDRAWN and has been superseded by Amended Motion and Proposed Holdback Order Re: Common Benefit Fees and Costs 3000 in case 3:12-md-02391-RLM-CAN. Signed by Judge Robert L Miller, Jr on 11/24/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
November 24, 2015 Opinion or Order Filing 111 AMENDED EXPLANT PRESERVATION ORDER : Amended directives relating to the preservation of Explanted M2a Devices, with Biomet Retrieval Analysis Protocol (Exh. A).. Signed by Judge Robert L Miller, Jr on 11/24/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
November 10, 2015 Filing 110 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)
October 15, 2015 Filing 109 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.)
October 8, 2015 Opinion or Order Filing 108 ORDER . The Plaintiffs' Steering Committee's motion for interim common benefit fund order ( 2963 ), its brief in support ( 2973 ), and Biomet Defendants' response ( 2983 ) were filed on 9/17/15 and 10/1/15 respectively and notice was sent to all attorneys of record as were the parties' proposed scheduling orders ( 2974 & 2975 ). There's no indication the pro se litigants received these documents. The Clerk is DIRECTED to mail copies of these documents to all pro se plaintiffs in MDL 2391. Signed by Judge Robert L Miller, Jr on 10/8/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) (cc: Order and all listed documents to all pro se litigants)
October 8, 2015 Filing 107 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)
October 7, 2015 Filing 106 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)
October 6, 2015 Opinion or Order Filing 105 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call in information for the status conference set 10/7/15 at 1:30 PM (EDT). Signed by Judge Robert L Miller, Jr on 10/6/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
September 9, 2015 Opinion or Order Filing 104 ORDER : By agreement of the parties at the September 3, 2015 status conference, all Biomet corporate entities other than Biomet, Inc., Biomet Orthopedics, LLC,Biomet Manufacturing, LLC, and Biomet U.S. Reconstruction, LLC areDISMISSED without prejudice from each of the member cases in MDL-2391,without costs to any party. Signed by Judge Robert L Miller, Jr on 9/9/2015. Associated Cases: 3:12-md-02391-RLM-CAN et al.(dk) Modified on 10/15/2015 (jld).
September 8, 2015 Opinion or Order Filing 103 MEMORANDUM OF SEPTEMBER 3, 2015 STATUS CONFERENCE : The court DIRECTED the Plaintiffs Steering Committee and Biomet defendants to submit proposed scheduling orders by 9/17/15, offering the 12/10/13 order 1118 as a possible template; DEFERRED ruling on the motion for an interim common benefit fund order 2963 , DIRECTED the Plaintiffs Steering Committee to submit a list of the settled cases that it believes should contribute to the common benefit fund by 9/17/15, GAVE the defendants to and including 10/1/15 to respond, and ADVISED that it could invite comments from plaintiffs counsel in the member cases following the parties submissions and before ruling on the motion; SET the next Status Conference set for 10/7/2015 01:30 PM in US District Court - South Bend before Judge Robert L Miller Jr. Signed by Judge Robert L Miller, Jr on 9/8/2015. Associated Cases: 3:12-md-02391-RLM-CAN et al. (dk)
September 3, 2015 Filing 102 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)
September 1, 2015 Opinion or Order Filing 101 ORDER CONCERNING REMOTE ATTENDANCE AT CASE MANAGEMENT CONFERENCE: Call in information for September 3, 2015 telephonic status conference.. Signed by Judge Robert L Miller, Jr on 9/1/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd)
August 26, 2015 Opinion or Order Filing 100 ORDER: Without objection, PSC I's Motion for Payment of Common Benefit Attorneys' Fees and Expenses 2945 & 2947 is GRANTED. Signed by Judge Robert L Miller, Jr on 8/26/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd)
August 7, 2015 Filing 99 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.
July 28, 2015 Opinion or Order Filing 98 ORDER: A Status Conference is scheduled for 9/3/15 at 1:30 PM (EDT), in South Bend, Indiana. Lead counsel for parties directed to file a brief joint status report by 8/27/15. Plaintiffs' Liaison Counsel shall arrange a conference call to provide remote access to the conference to all plaintiffs' attorneys and shall submit a proposed order by 8/27/15 setting for the call-in information and related restrictions. Signed by Judge Robert L Miller, Jr on 7/28/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd)
July 20, 2015 Opinion or Order Filing 97 ORDER granting #92 Motion to Withdraw appearance of Tayjes M Shah and Peter A Miller as counsel for Mr. Oswald. Signed by Judge Robert L Miller, Jr on 7/20/15. (cc: Oswald) (jld)
July 14, 2015 Opinion or Order Filing 96 ORDER: GRANTING 2927 Motion to Substitute Attorney The appointment of Lawrence Jones to the Plaintiffs' Steering Committee is terminated and attorney Jasper Ward IV of Jones Ward PLC is appointed to serve in his stead. Signed by Judge Robert L Miller, Jr on 7/14/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd)
July 13, 2015 Filing 95 RESPONSE TO MR. OSWALD'S 6/15/15 LETTER by Joseph Oswald . (Shah PHV, Tayjes)
July 6, 2015 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)
June 30, 2015 Opinion or Order Filing 94 ORDER: GRANTING (2923) Motion to Modify Case Management Order No. 3 to the extent it seeks the appointment of an Executive Committee for PSC II and the termination of John Fiske's appointment to the Steering Committee and DENYING the motion in all other respects. Navan Ward, Brenda Fulmer, Justin Presnal, and Ahmed Diab are appointed to serve as members of the Plaintiffs' Executive Committee, with Mr. Diab also serving as Plaintiffs' Liaison Counsel; Mr. Fiske's appointment to the Plaintiffs' Steering Committee is terminated. Signed by Judge Robert L Miller, Jr on 6/30/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) Modified on 7/2/2015 (jld).
June 30, 2015 Opinion or Order Filing 93 ORDER: The court AFFORDS counsel from The Miller Firm, LLC 14 days to respond to plaintiff Joseph Oswald's #87 Letter objecting to the firm's motion to withdraw its appearance on his behalf. Signed by Judge Robert L Miller, Jr on 6/30/15. (cc: Miller, Shah, Oswald at address provided in #87 ) (jld)
June 30, 2015 Filing 92 MOTION to Withdraw by Plaintiff Joseph Oswald. (Shah PHV, Tayjes)
June 30, 2015 Filing 91 NOTICE of Appearance by Tayjes M Shah PHV on behalf of Joseph Oswald (Shah PHV, Tayjes)
June 29, 2015 Filing 90 (SEE DE 92 FOR CORRECTED MOTION) MOTION to Withdraw as Attorney by Plaintiff Joseph Oswald. (Miller PHV, Peter) Modified on 7/1/2015 to edit text (mlc).
June 29, 2015 Filing 89 FILING ERROR - ATTORNEY TO REFILE DOCUMENT. NOTICE of Appearance by Peter A Miller PHV on behalf of Joseph Oswald (Miller PHV, Peter) Modified on 6/30/2015 (mtr).
June 25, 2015 Filing 86 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)
June 24, 2015 Motion terminated per 2925 Order. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
June 24, 2015 Opinion or Order Filing 85 ORDER : Jessica Larbes, C.P.A., shall establish the Biomet Common Benefit MDL Assessment Fund and shall serve as the Escrow Agent for the Fund; Thomas Anapol, Mark Lanier, Robert Dassow, Michelle Kranz and Justin Presnal are appointed as the attorney Fee Committee members; Sylvius von Saucken is appointed as the non-attorney compliance Fee Committee member. Signed by Judge Robert L Miller, Jr on 6/23/2015. Associated Cases: 3:12-md-02391-RLM-CAN et al. (dk) Modified on 7/2/2015 (jld).
June 22, 2015 Motions terminated pursuant to 2924 Order. Associated Cases: 3:12-md-02391-RLM-CAN et al.(ksc)
June 22, 2015 Opinion or Order Filing 84 ORDER GRANTING 2917 Motion to Withdraw attorney Altom Maglio as Attorney on Plaintiff's Steering Committee II in case 3:12-md-02391-RLM-CAN. Signed by Judge Robert L Miller, Jr on 6/18/2015. Associated Cases: 3:12-md-02391-RLM-CAN et al. (dk)
June 19, 2015 Filing 87 Letter from Joseph J. Oswald to Judge Miller concerning case. (lhc)
June 15, 2015 Filing 83 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).
June 4, 2015 Filing 82 AMENDED MOTION Appoint Escrow Agent and Fee Committee by Plaintiffs' Liaison Counsel. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd)
June 4, 2015 Opinion or Order Filing 80 ORDER Order clarifying the 5/28/15 2914 Order. Signed by Judge Robert L Miller, Jr on 6/4/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd)
June 2, 2015 Filing 81 APPLICATION for WITHDRAWAL of Altom M. Maglio from Plaintiffs' Steering Committee. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd)
May 28, 2015 Motions Terminated: Motion to Appoint Escrow Agent and Fee Committee termed per Order 2914 in 3:12md2391.
May 28, 2015 Opinion or Order Filing 79 ORDER REGARDING APPOINTMENT OF ESCROW AGENT AND FEE COMMITTEE: The Court declines to enter the proposed order on 2878 motion to appoint an escrow agent and a fee committee. PSC I shall have three weeks, to and including 6/19/15, to file an amended motion to appoint an escrow agent and fee committee. Signed by Judge Robert L Miller, Jr on 5/28/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd)
May 27, 2015 Opinion or Order Filing 78 CASE MANAGENENT ORDER NO. 3 : The court: (1) FINDS that Biomet's actions during settlement negotiations and mediation were permissible under the Master Settlement Agreement and did not constitute bad faith; (2) DENIES attorney Gregg Borri's request for discovery (Doc. Nos. 2887 and 2889 ); (3) GRANTS the motion to substitute Justin Presnal as a member of the Plaintiffs Steering Committee in lieu of Wayne Fisher (Doc. No. 2895 ); (4) GRANTS the motion to terminate the existing Plaintiffs Steering Committee, effective June 1, 2015 (Doc. No. 2890 ) ; (5) APPOINTS the following attorneys to the new Plaintiffs Steering Committee (PSC II), effective June 1, 2015--Brenda Fulmer (Co-Lead Counsel), Navan Ward (Co-Lead Counsel), J. Kyle Bachus, Ahmed Diab, John Fiske, Lawrence Jones, William Jordan, Altom Maglio, Amber Pang Parra, and Justin Presnal; (6) DIRECTS attorneys Ahmed Diab and John Fiske to inform the court, PSC II, and Biomet's Lead Counsel by June 15, 2015 which of them will serve as Plaintiffs' Liaison Counsel; (7) DIRECTS the current Plaintiffs Steering Committee (PSC I) and Biomet to provide PSC II with copies of Plaintiff Fact Sheets in all cases remaining after settlement; (8) DECLINES to enter a census order or Lone Pine order at this time; and (9) invites PSC II to submit a new proposed common benefit fund order by September 1, 2015. Signed by Judge Robert L Miller, Jr on 5/27/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd)
May 21, 2015 Opinion or Order Filing 77 MEMORANDUM OF May 18, 2015 STATUS CONFERENCE: The parties addressed concerns relating to the mediation process, status of discovery, and various issues facing the plaintiffs' organizational structure following settlement, including future funding and the composition of the PSC. The court took the matters and pending motions to appoint an escrow agent and fee committee, to terminate the current PSC, and to substitute attorney Justin Presnal for Wayne Fisher on the PSC under advisement. The next status conference will be set by separate order at a later date.. Signed by Judge Robert L Miller, Jr on 5/21/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd)
May 18, 2015 Filing 76 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)
May 15, 2015 Filing 75 Letter dated 5/14/15 from Terrence Smith re: 2874 . Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd)
May 14, 2015 Filing 74 Letter from Erin Linder Hanig re: remaining cases and attorneys. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd)
May 14, 2015 Opinion or Order Filing 73 ORDER CONCERNING REMOTE ATTENDANCE AT CASE MANAGEMENT CONFERENCE: Call-in information for May 18, 2015 Status Conference.. Signed by Judge Robert L Miller, Jr on 5/14/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd)
May 12, 2015 Filing 71 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)
May 12, 2015 Opinion or Order Filing 70 ORDER The Clerk is DIRECTED to file the Plaintiffs' Steering Committee's Motion to Appoint Escrow Agent and Fee Committee (Doc. No. 2878 in 3:12md2391) in each of the individual member cases. The Court will defer ruling on the motion for two weeks. Signed by Judge Robert L Miller, Jr on 5/12/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd)
May 11, 2015 Filing 72 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)
May 6, 2015 Filing 69 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)
May 5, 2015 Filing 68 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)
May 4, 2015 Opinion or Order Filing 67 ORDER: At the request of the parties, Status Conference previously set for 5/21/2015 is RESET to 5/18/2015 09:30 AM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Signed by Judge Robert L Miller, Jr on 5/4/2015. Associated Cases: 3:12-md-02391-RLM-CAN et al.(dk)
May 1, 2015 Filing 66 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)
April 30, 2015 Filing 65 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)
April 28, 2015 Opinion or Order Filing 62 ORDER: In light of the Master Settlement Agreement many of the attorneys now on the Plaintiffs Steering Committee will soon have no remaining constituent cases in this MDL. Plaintiffs Steering Committee members who will be without cases are invited to request termination of their PSC appointment by 5/15/15. The court has also received a letter from attorney Gregg Borri who represents the plaintiff in case 3:12cv614, regarding Biomet's approach in carrying out the Master Settlement Agreement. The court also received a responsive letter from Plaintiffs Co-Lead Counsel Thomas R Anapol offering the perspective of the leadership of the Steering Committee. Both letters (as well as any response from Biomet) are directed to be entered on the master docket. The issues Mr. Borri raises will be placed on the agenda for the 5/21/15 status conference. Mr. Borri is invited to attend that conference in person.. Signed by Judge Robert L Miller, Jr on 4/28/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd)
April 27, 2015 Filing 64 Letter from Thomas R Anapol in response to 2874 Letter from Gregg Borri Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd)
April 27, 2015 Filing 63 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)
April 22, 2015 Opinion or Order Filing 61 MEMORANDUM OF APRIL 21, 2015 STATUS CONFERENCE Although applications for a new Plaintiffs Steering Committee (PSC) were solicited, no applications were received. Given the number of cases remaining after the settlement process concludes, a new PSC is needed. Counsel for defendants to submit a list of all remaining cases and the attorneys of record in those cases. The court will select a new PSC from that list, and will enter a revised scheduling order and a new Common Benefit Fund order upon appointment of the new PSC. Next status conference set for May 21, 2015 at 9:30 a.m. (E.D.T.). Signed by Judge Robert L Miller, Jr on 4/22/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd)
April 21, 2015 Filing 60 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)
April 16, 2015 Opinion or Order Filing 59 ORDER CONCERNING REMOTE ATTENDANCE AT CASE MANAGEMENT CONFERENCE : Call in information for the April 21, 2015 telephonic case management conference. Signed by Judge Robert L Miller, Jr on 4/16/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd)
March 18, 2015 Opinion or Order Filing 58 MEMORANDUM OF MARCH 16, 2015 STATUS CONFERENCE: The court deferred ruling on the request for early termination of the Plaintiffs' Steering Committee (PSC) appointments; entered an order inviting new applications for the PSC (application deadline is April 17, 2015); and directed the parties to file an updated status report regarding discovery and the Common Benefit Fund. The 2013 scheduling order 1118 will be reinstated beginning 45 days after appointment of a new PSC, with dates to be adjusted to fit the pre-existing time limits. Next status conference set for April 21, 2015 at 9:30 a.m. (E.D.T.) in South Bend before Judge Robert L. Miller, Jr. Signed by Judge Robert L Miller, Jr on 3/18/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
March 17, 2015 Opinion or Order Filing 57 ORDER RE: APPLICATIONS FOR PLAINTIFFS STEERING COMMITTEE The court defers ruling on the PSC's request for early termination, and will accept applications for all positions on the Plaintiffs' Steering Committee from now until April 17, 2015. Any objections thereto should be filed by May 1, 2015. Details regarding the application process are provided in the attached order. Signed by Judge Robert L Miller, Jr on 3/17/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
March 16, 2015 Filing 56 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)
March 12, 2015 Opinion or Order Filing 55 ORDER CONCERNING REMOTE ATTENDANCE AT CASE MANAGEMENT CONFERENCE Call in information for March 16, 2015 telephonic case management conference. Signed by Judge Robert L Miller, Jr on 3/12/14. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
February 2, 2015 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)
January 30, 2015 Filing 54 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)
January 28, 2015 Opinion or Order Filing 53 ORDER CONCERNING REMOTE ATTENDANCE AT CASE MANAGEMENT CONFERENCE Call in information for January 30, 3015 telephonic status conference. Signed by Judge Robert L Miller, Jr on 1/28/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
January 22, 2015 Filing 52 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)
December 30, 2014 Filing 51 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)
December 23, 2014 Filing 50 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).
December 22, 2014 Opinion or Order Filing 49 ORDER REAPPOINTING PLAINTIFFS' ORGANIZATIONAL STRUCTURE: Order appointing/reappointing Plaintiffs' Steering Committee, Executive Committee, Lead, and Liaison Counsel effective Jan 1, 2015-Dec 31, 2015.. Signed by Judge Robert L Miller, Jr on 12/22/14. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
December 16, 2014 Opinion or Order Filing 48 ORDER CONCERNING REMOTE ATTENDANCE AT CASE MANAGEMENT CONFERENCE : Call in information for December 23, 2014 telephonic status conference. Signed by Judge Robert L Miller, Jr on 12/16/14. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
December 15, 2014 Opinion or Order Filing 47 ORDER : At the request of the parties, the telephonic status conference on Tuesday, December 23, 2014 will commence at 11:00 AM (EST) in US District Court - South Bend before Judge Robert L Miller Jr. ***NOTE: ONLY THE TIME HAS CHANGED***. Signed by Judge Robert L Miller, Jr on 12/15/14. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
November 18, 2014 Opinion or Order Filing 46 ORDER: GRANTING (2789) Motion to Extend Master Settlement Agreement Mediation Resolution Deadline in case 3:12-md-02391-RLM-CAN. The mediation deadline is extended from 12/5/14 to 1/30/2015. Any mediated case not resolved by 1/30/15, subject to the aggregate settlement percentage requirements will be remanded pursuant to an appropriate order of the court. Signed by Judge Robert L Miller, Jr on 11/18/14. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
October 20, 2014 Filing 45 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)
October 17, 2014 Opinion or Order Filing 44 ORDER CONCERNING REMOTE ATTENDANCE AT CASE MANAGEMENT CONFERENCE: Call-in information for 10/20/2014 Case Management Conference. Signed by Judge Robert L Miller, Jr on 10/17/14. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
September 19, 2014 Opinion or Order Filing 43 ORDER ESTABLISHING QUALIFIED SETTLEMENT FUND AND APPOINTING FUND ADMINISTRATOR : GRANTING 2756 in 3:12-md-02391-RLM-CAN) MOTION for Settlement -AGREED MOTION TO ESTABLISH QUALIFIED SETTLEMENT FUND AND APPOINT FUND ADMINISTRATOR filed by Plaintiffs' Liaison Counsel.. Signed by Judge Robert L Miller, Jr on 9/19/14. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd)
August 14, 2014 Filing 42 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)
August 11, 2014 Opinion or Order Filing 41 ORDER CONCERNING REMOTE ATTENDANCE AT CASE MANAGEMENT CONFERENCE: Call in information for 8/14/2014 telephonic status conference.. Signed by Judge Robert L Miller, Jr on 8/11/14. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
June 12, 2014 Filing 40 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)
June 9, 2014 Opinion or Order Filing 39 ORDER CONCERNING REMOTE ATTENDANCE AT CASE MANAGEMENT CONFERENCE Call in information for 6/12/14 Case Management Conference. Signed by Judge Robert L Miller, Jr on 6/9/14. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
April 21, 2014 Filing 38 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)
April 14, 2014 Opinion or Order Filing 37 QUALIFIED PROTECTIVE ORDER regarding selection of Plaintiffs' Lien Resolution Administrator (LRA) and authority to act. Signed by Judge Robert L Miller, Jr on 4/14/14. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
April 2, 2014 Opinion or Order Filing 36 CATEGORIZATION ORDER Under Section 2.(d) Categorization of Cases pursuant to the Master Settlement Agreement 1317 , categorization of all Group 1 cases must be submitted on or before 4/18/14 and the categorization of all Group 2 cases must be submitted by 8/8/14.. Signed by Judge Robert L Miller, Jr on 4/2/14. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
February 14, 2014 Opinion or Order Filing 35 ORDER Order GRANTING 1389 in 3:12-md-02391-RLM-CAN Joint STIPULATION to Stay Responsive Pleadings Deadlines. All case specific responsive pleadings and deadlines, are STAYED pending further notice. Signed by Judge Robert L Miller, Jr on 2/14/14. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
February 5, 2014 Opinion or Order Filing 34 ORDER Order regarding Schedule of Settlement Deadlines, Exh. A to [1317-1] Settlement Agreement.. Signed by Judge Robert L Miller, Jr on 2/5/14. (Attachments: #1 Exhibit A Schedule of Settlement Deadlines)Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
February 3, 2014 Opinion or Order Filing 33 ORDER Order VACATING 12/10/13 Scheduling Order 1118 and VACATING 2/28/14 Case Management Conference. Telephonic Status Conference set for 4/21/2014 at 10:00 AM (EDT) before Judge Robert L Miller Jr. Parties' Joint Status Report due by 4/17/2014. Signed by Judge Robert L Miller, Jr on 2/3/14. (Attachments: #1 Settlement Agreement, #2 Case Management Order Establishing Common Benefit Fee and Expense Funds, #3 Common Benefit Settlement Agreement)Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
February 3, 2014 Opinion or Order Filing 32 ORDER REGARDING NON-REVISION CASES Order Staying all designted non-revision cases. Signed by Judge Robert L Miller, Jr on 2/3/14. (Attachments: #1 Designated Non-Revision Case List)Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
January 8, 2014 Filing 30 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)
January 7, 2014 Opinion or Order Filing 31 PRELIMINARY DISCLOSURE FORM AND ORDER Preliminary Disclosure Form (Exhibit A) to be completed by plaintiffs and served on the defendants by February 7, 2014 in all pending cases. For all cased filed after the date of this order, the Preliminary Disclosure Form must be completed and served 30 days from the date the case is transferred into the MDL, or, if directly filed, 30 days from the date the case is filed in the Northern District of Indiana. Signed by Judge Robert L Miller, Jr on 1/7/14. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
December 30, 2013 Opinion or Order Filing 29 AMENDED ORDER REGARDING PLAINTIFFS' ORGANIZATIONAL STRUCTURE Amended Order appointing/reappointing Plaintiffs' Steering Committee, Executive Committee, Lead, and Liaison Counsel effective Jan 1, 2014-Dec 31, 2014.. Signed by Judge Robert L Miller, Jr on 12/30/13. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
December 26, 2013 Opinion or Order Filing 28 ORDER REGARDING PLAINTIFFS' ORGANIZATIONAL STRUCTURE Order appointing/reappointing Plaintiffs' Steering Committee, Executive Committee, Lead, and Liaison Counsel effective Jan 1, 2014-Dec 31, 2014. Signed by Judge Robert L Miller, Jr on 12/26/13. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
December 11, 2013 Opinion or Order Filing 27 NON-REVISION TRACK ORDER: Order setting deadline for non-revision track cases. Signed by Judge Robert L Miller, Jr on 12/11/2013. Associated Cases: 3:12-md-02391-RLM-CAN et al.(lyb)
December 10, 2013 Opinion or Order Filing 26 SCHEDULING ORDER:Order setting deadlines for amendments to the pleadings, discovery, dispositive motions, and bellwether trials. Signed by Judge Robert L Miller, Jr on 12/10/2013. Associated Cases: 3:12-md-02391-RLM-CAN et al.(lyb)
December 10, 2013 Opinion or Order Filing 25 MEMO CONCERNING APPT. OF SPECIAL MASTER AND SCHEDULING: PSC's request for appointment of special master for discovery denied. Court adopts joint recommendation re: non-revision cases, as modified. Parties to prepare and submit an agreed list of non-revision cases to be placed on a non-revision track and stayed pending further order. Scheduling orders re: non-revision cases, amendments to the pleadings, discovery, dispositive motions, and bellwether trials to follow. Signed by Judge Robert L Miller, Jr on 12/10/2013. Associated Cases: 3:12-md-02391-RLM-CAN et al.(lyb)
December 4, 2013 Opinion or Order Filing 24 ORDER RE: DEFENDANTS' CORPORATE ENTITIES: The defendants are given to/including 12/31/13 to verify the correct corporate structure of Biomet Manufacturing and to identify the members of its limited liability corporations and the citizenship of each member. The court will address the jurisdictional and procedural issues at the 1/6/14 Case Management Conference.. Signed by Judge Robert L Miller, Jr on 12/4/13. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
December 3, 2013 Opinion or Order Filing 23 ORDER REGARDING APPLICATIONS FOR APPOINTMENT/REAPPOINTMENT TO PSC: The deadlines set forth in 987 in 3:12-md-02391 are amended as follows: The the joint application for reappointment to the Plaintiffs Steering Committee and any applications for new appointments shall be filed by 12/3/13 with any objections thereto to be filed by 12/13/13.. Signed by Judge Robert L Miller, Jr on 12/3/13. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
November 19, 2013 Opinion or Order Filing 22 MEMORANDUM OF NOVEMBER 18, 2013 CASE MANAGEMENT CONFERENCE: Topics addressed: status of discovery; proposed scheduling orders 935 and 951 ; plaintiffs' requests for special master 936 and production of unredacted DFS; defendants' proposal regarding disposition of statute of limitations cases 952 and request to suspend or dismiss non-revision cases; and reappointment of PSC 987 . Matters taken under advisement; written orders to follow. Next case management conference scheduled for Monday 1/6/2014 at 9:30 AM in US District Court - South Bend before Judge Robert L Miller Jr.. Signed by Judge Robert L Miller, Jr on 11/19/13. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
November 18, 2013 Filing 21 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)
November 13, 2013 Opinion or Order Filing 20 ORDER REGARDING PLAINTIFFS' ORGANIZATIONAL STRUCTURE: Order regarding applications for appointment or reappointment to Plaintiffs' Organizational Structure. Current appointments extended to December 31, 2013. Applications due November 25, 2013, with any objections to be filed by December 6, 2013.. Signed by Judge Robert L Miller, Jr on 11/13/13. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
November 5, 2013 Filing 19 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)
October 9, 2013 Opinion or Order Filing 18 ORDER : Plaintiffs to submit proposed form of order that would appoint a special master and establish a scheduling order covering events to the point of trial readiness of the first bellwether trial by 10/25/2013. Defendants to respond with any objections to the appointment of the pretrial master proposed by the plaintiffs and to the plaintiffs' alternative proposed scheduling orders by 11/1/2013. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
September 24, 2013 Opinion or Order Filing 17 MEMORANDUM OF SEPTEMBER 23, 2013 CASE MANAGEMENT CONFERENCE , Issues discussed included the status of discovery, selection of bellwether cases, and pending and future dispositive motions. Defense counsel advised the court that they will submit proposed forms of order regarding the pending motions to dismiss for failure to file a PFS, dismissing without prejudice and giving the parties 90 days to cure any deficiency before the actions are dismissed with prejudice. The court will issue an order prior to the next conference regarding the bellwether selection process and plaintiffs' request to appoint a special master for discovery. A telephonic case management conference was scheduled for November 18, 2013 at 9:00 a.m. (E.S.T.). Signed by Judge Robert L Miller, Jr on 9/24/13. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
September 23, 2013 Filing 16 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)
September 20, 2013 Opinion or Order Filing 15 ORDER CONCERNING REMOTE ATTENDANCE AT CASE MANAGEMENT CONFERENCE Call in information for 9/23/13 Case Management Conference. Signed by Judge Robert L Miller, Jr on 9/20/13. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
September 17, 2013 Filing 14 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)
September 9, 2013 Opinion or Order Filing 13 CASE MANAGEMENT ORDER NO. 2 MANAGEMENT OF ATTORNEY-CLIENT PRIVILEGE & WORK PRODUCT PROTECTION. Order modifying the privilege log protocol in Case Mgmt Order No. 1 242 and the Stipulated Order Relating to the Discovery of Electronically Stored Information [Exh. A to 242] and adopting an Alternative Privilege Logging Protocol.. Signed by Judge Robert L Miller, Jr on 9/9/13. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
August 21, 2013 Opinion or Order Filing 12 MEMORANDUM AND ORDER Order denying plaintiffs' request for the productionof documents used to train the predictive coding algorithm. Signed by Judge Robert L Miller, Jr on 8/21/13. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
August 6, 2013 Filing 11 Filing fee paid: $ 400, receipt number 3008000 (jld)
August 5, 2013 Filing fee received: $ 400.00, receipt number 3008000 (kds)
July 30, 2013 Filing 10 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)
July 29, 2013 Filing 9 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)
July 18, 2013 Opinion or Order Filing 8 ORDER ESTABLISHING COMMON BENEFIT TIME AND EXPENSE REPORTING PROTOCOL . Signed by Judge Robert L Miller, Jr on 7/18/13. (Attachments: #1 Exhibit A Quarterly Time Report Template, #2 Exhibit B Individual Expense Report Template)Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
June 24, 2013 Filing 7 MEMORANDUM OF JUNE 17, 2013 CASE MANAGEMENT CONFERENCE : Following discussion and oral argument, the court: took the motion to dismiss in 3:13cv73 under advisement; stayed briefing on all motions to strike affirmative defenses; and directed the parties to meet and confer regarding continuing issues with jurisdiction and venue, the use of a form compliant, dismissal of duplicate cases, and the need for additional or modified procedures in the M2a Taper cases. A telephonic status conference was scheduled for 7/29/13 at 9:00 a.m. (E.D.T.), and the next case management conference was scheduled for 9/23/13 at 9:30 a.m. (E.D.T.). Signed by Judge Robert L Miller, Jr on 6/24/13. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)
June 19, 2013 Filing 6 Plaintiffs' Motion for an Order Establishing a Time and Expense Reporting Protocol and Establishing a Common Benefit Fund (This is a duplicate of 592 and is being redocketed to effect service of counsel of record in all member cases). Associated Cases: 3:12-md-02391-RLM-CAN et al. (jld) Modified on 9/5/2013 (jld).
June 17, 2013 Filing 5 STATUS CONFERENCE held on 6/17/2013 before Judge Robert L Miller, Jr. Pla appeared by atty T. Anapol, M. Lanier, R. Dassow, F. Hovde and members of the Steering and Executive Committees and others. Dft appeared by atty J. Winter, J. LaDue, E. Linder Hanig and others. Telephonic Status Conference set for 7/29/2013 at 9:00 AM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Status Conference set for 9/23/2013 at 9:30 AM (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)
May 27, 2013 Filing 4 NOTICE of Appearance by Erin Linder Hanig on behalf of All Defendants (Hanig, Erin)
May 27, 2013 Filing 3 NOTICE of Appearance by John David LaDue on behalf of All Defendants (LaDue, John)
May 22, 2013 Filing 2 NOTICE OF RELATED CASE by Joseph Oswald (jld)
May 22, 2013 Filing 1 COMPLAINT with Jury Demand against Biomet Inc, Biomet Manufacturing Corp, Biomet Orthopedics LLC, Biomet US Reconstruction LLC, filed by Joseph Oswald. (Attachments: #1 Civil Cover Sheet)(jld)

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Defendant: Biomet Orthopedics, LLC
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Defendant: Biomet Inc
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Defendant: Biomet U.S. Reconstruction, LLC
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Defendant: Biomet Manufacturing Corp.
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Plaintiff: Joseph Oswald
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