Francis v. Cuckler et al
Plaintiff: Beverly Francis
Defendant: Biomet, Inc., Biomet Manufacturing, LLC, Biomet US Reconstruction, LLC, Alabama Medical Consultants, Inc., John Cuckler, MD, Biomet Orthopedics, LLC and John Cuckler
Case Number: 1:2019cv00251
Filed: March 29, 2019
Court: US District Court for the Western District of Michigan
Presiding Judge: Ray Kent
Referring Judge: Paul L Maloney
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 June 5, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 5, 2019 Copy of Order Regarding Mandatory E-Filing and Service #94 sent via U.S. Mail to J. Joseph Tanner (ems)
June 5, 2019 Copy of Order Regarding Mandatory E-Filing and Service #95 sent via U.S. Mail to Stephanie N. Russo (ems)
June 5, 2019 Copy of Order Regarding Mandatory E-Filing and Service #93 sent via U.S. Mail to attorney Andrew L. Campbell (ems)
June 4, 2019 Opinion or Order Filing 95 ORDER that attorney Stephanie N. Russo must register as an electronic filer by 7/2/2019; signed by Magistrate Judge Ray Kent (Magistrate Judge Ray Kent, fhw)
June 4, 2019 Opinion or Order Filing 94 ORDER that attorney J. Joseph Tanner must register as an electronic filer by 7/2/2019; signed by Magistrate Judge Ray Kent (Magistrate Judge Ray Kent, fhw)
June 4, 2019 Opinion or Order Filing 93 ORDER that attorney Andrew L. Campbell must register as an electronic filer by 7/2/2019; signed by Magistrate Judge Ray Kent (Magistrate Judge Ray Kent, fhw)
June 4, 2019 Opinion or Order Filing 92 (DISREGARD) ORDER that attorney J. Joseph Tanner must register as an electronic filer by 7/2/2019; signed by Magistrate Judge Ray Kent (Magistrate Judge Ray Kent, fhw) Modified text on 6/4/2019 under the directive of Chambers (jlb).
June 4, 2019 Opinion or Order Filing 91 (DISREGARD) ORDER that attorney Andrew L. Campbell must register as an electronic filer by 7/2/2019; signed by Magistrate Judge Ray Kent (Magistrate Judge Ray Kent, fhw) Modified text on 6/4/2019 under the directive of Chambers (jlb).
April 30, 2019 Filing 90 ATTORNEY ADMISSION LETTER - SECOND NOTICE sent to attorney Stephanie N. Russo; attorney admission deadline set for 5/28/2019; (jlb)
April 30, 2019 Filing 89 ATTORNEY ADMISSION LETTER - SECOND NOTICE sent to attorney J. Joseph Tanner; attorney admission deadline set for 5/28/2019; (jlb)
April 30, 2019 Filing 88 ATTORNEY ADMISSION LETTER - SECOND NOTICE sent to attorney Andrew L. Campbell; attorney admission deadline set for 5/28/2019; (jlb)
April 30, 2019 Filing 87 ATTORNEY ADMISSION LETTER - SECOND NOTICE sent to attorney Michele S. Stephan; attorney admission deadline set for 5/28/2019; (jlb)
April 30, 2019 Filing 86 ATTORNEY ADMISSION LETTER - SECOND NOTICE sent to attorney Ilyas Sayeg; attorney admission deadline set for 5/28/2019; (jlb)
April 30, 2019 Filing 85 ATTORNEY ADMISSION LETTER - SECOND NOTICE sent to attorney Brian S. Franciskato; attorney admission deadline set for 5/28/2019; (jlb)
April 30, 2019 Filing 84 ATTORNEY ADMISSION LETTER - SECOND NOTICE sent to attorney Altom M. Maglio; attorney admission deadline set for 5/28/2019; (jlb)
April 12, 2019 Opinion or Order Filing 83 ADMINISTRATIVE ORDER No. 19-CA-032 reassigning case # 2:18-cv-226 as cognate to 1:18-cv-1393, 2:18-cv-147, 1:19-cv-251 ; signed by Chief Judge Robert J. Jonker (clw)
April 12, 2019 Filing 82 CERTIFICATE OF SERVICE by defendants Alabama Medical Consultants, Inc., Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet US Reconstruction, LLC, Biomet, Inc., John Cuckler re Attorney Appearance, (Perdue, Edward)
April 12, 2019 Copy of Administrative Order Reassigning Case #83 sent via U.S. Mail to Altom M. Maglio, Andrew L. Campbell, Brian S. Franciskato, Ilyas Sayeg, J. Joseph Tanner, Michele S. Stephan, Stephanie N. Russo (clw)
April 12, 2019 (NON-DOCUMENT) ATTORNEY APPEARANCE of Edward P. Perdue on behalf of defendants Alabama Medical Consultants, Inc., Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet US Reconstruction, LLC, Biomet, Inc., John Cuckler (Perdue, Edward)
April 1, 2019 Filing 81 ATTORNEY ADMISSION LETTER sent to attorney Stephanie N. Russo; attorney admission deadline set for 4/29/2019; (ems)
April 1, 2019 Filing 80 ATTORNEY ADMISSION LETTER sent to attorney J. Joseph Tanner; attorney admission deadline set for 4/29/2019; (ems)
April 1, 2019 Filing 79 ATTORNEY ADMISSION LETTER sent to attorney Andrew L. Campbell; attorney admission deadline set for 4/29/2019; (ems)
April 1, 2019 Filing 78 ATTORNEY ADMISSION LETTER sent to attorney Michele S. Stephan; attorney admission deadline set for 4/29/2019; (ems)
April 1, 2019 Filing 77 ATTORNEY ADMISSION LETTER sent to attorney Ilyas Sayeg; attorney admission deadline set for 4/29/2019; (ems)
April 1, 2019 Filing 76 ATTORNEY ADMISSION LETTER sent to attorney Brian S. Franciskato; attorney admission deadline set for 4/29/2019; (ems)
April 1, 2019 Filing 75 ATTORNEY ADMISSION LETTER sent to attorney Altom M. Maglio; attorney admission deadline set for 4/29/2019; (ems)
April 1, 2019 Filing 74 NOTICE that this case has been assigned Paul L. Maloney (ems)
April 1, 2019 Filing 73 (DISREGARD) NOTICE of receipt of case (ems) Modified text on 4/1/2019; judge name not entered (ems).
April 1, 2019 Filing 72 Memorandum regarding potentially related case returned to Clerk from Magistrate Judge Ray Kent indicating that this case is cognate to 1:18-cv-1393, 2:18-cv-147 (jlg)
April 1, 2019 Copy of Notice Regarding Assignment of Case #74 sent via U.S. Mail to attorneys Altom M. Maglio, Brian S. Franciskato, Ilyas Sayeg, Michele S. Stephan, Andrew L. Campbell, J. Joseph Tanner, Stephanie N. Russo (ems)
March 29, 2019 Filing 71 CASE TRANSFERRED IN from Indiana Northern, their case number 3:17-cv-00515; the documents listed above were electronically transferred to the Western District of Michigan (jlg)
March 28, 2019 Opinion or Order Filing 70 SUPPLEMENTAL TRANSFER ORDER (GROUP 3) 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 Western District of Michigan (Southern Division). Signed by Judge Robert L Miller, Jr on 3/28/19. (jld) [Transferred from Indiana Northern on 3/29/2019.]
March 26, 2019 Opinion or Order Filing 69 ORDER: GRANTING #68 Motion to Withdraw #51 Motion for Protective Order; The #51 Motion for Protective Order is WITHDRAWN. Signed by Judge Robert L Miller, Jr on 3/26/19. (jld) [Transferred from Indiana Northern on 3/29/2019.]
March 25, 2019 Filing 68 MOTION to Withdraw #51 MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice by Defendants Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. (Hanig, Erin) [Transferred from Indiana Northern on 3/29/2019.]
March 4, 2019 Opinion or Order Filing 67 MEMORANDUM AND ORDER FOR MARCH 4, 2019 STATUS CONFERENCE Summary of topics discussed and action taken. Next status conference set for May 9, 2019 at 1:30 p.m. (EDT). Signed by Judge Robert L Miller, Jr on 3/4/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
March 4, 2019 Opinion or Order Filing 66 ORDER GRANTING the parties' Second Joint Motion for Stay Related to Biomet's Motions for Protective Order on Plaintiffs' 30(b)(6) Deposition Notice and continues the stay on briefing and hearing no Biomet's motions for protective order through 3/25/2019. Parties are directed to file a report on the status of the pending motion by 3/25/2019. Signed by Judge Robert L Miller, Jr on 3/4/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
March 4, 2019 Filing 65 STATUS CONFERENCE held on 3/4/2019 before Judge Robert L Miller, Jr. Pla appeared by atty B. Fulmer, N. Ward. Dft appeared by atty E. Hanig, J. Winter. The Court hears from parties. The next Status Conference is set for 5/9/2019 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-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
March 1, 2019 Filing 64 Second MOTION to Stay re #51 MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice by Defendants Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. (Hanig, Erin) [Transferred from Indiana Northern on 3/29/2019.]
February 27, 2019 Opinion or Order Filing 63 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the Status Conference to be held on 3/4/2019 at 1:30 PM (EDT). Signed by Judge Robert L Miller, Jr on 2/27/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
February 4, 2019 Opinion or Order Filing 62 ORDER granting #61 Motion to Stay Briefing and hearing on Biomet's motions for protective order. Counsel shall inform the Court of the status of their negotiations by 3/1/2019. Signed by Judge Robert L Miller, Jr on 2/4/19. (jld) [Transferred from Indiana Northern on 3/29/2019.]
January 29, 2019 Filing 61 Joint MOTION to Stay re #51 MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice by Defendants Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. (Hanig, Erin) [Transferred from Indiana Northern on 3/29/2019.]
January 23, 2019 Opinion or Order Filing 60 ORDER granting Agreed Motion for Extension of Time to File Reply and affording Biomet to and including January 30, 2019 to meet and confer with Plaintiffs and file its replies in support of Biomet's motions, if necessary. Signed by Judge Robert L Miller, Jr on 1/23/19. (jld) [Transferred from Indiana Northern on 3/29/2019.]
January 16, 2019 Filing 59 Consent MOTION for Extension of Time to File Response/Reply as to #51 MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice by Defendants Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. (Hanig, Erin) [Transferred from Indiana Northern on 3/29/2019.]
January 10, 2019 Opinion or Order Filing 58 MEMORANDUM AND ORDER FOR JANUARY 9, 2019 STATUS CONFERENCE Summary of topics discussed and action taken. Next status conference set for March 4, 2019 at 1:30 p.m. (EST). Signed by Judge Robert L Miller, Jr on 1/10/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
January 10, 2019 Filing 57 RESPONSE to Motion re #51 MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice filed by Beverly Francis. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Franciskato PHV, Brian) [Transferred from Indiana Northern on 3/29/2019.]
January 10, 2019 Filing 56 STATUS CONFERENCE held on 1/9/2019 before Judge Robert L Miller, Jr. Pla appeared by atty Navan Ward. Dft appeared by atty Erin Hanig, John Winter. Summary of topics discussed and action taken. Next status conference set for March 4, 2019 at 01:30 PM (EST) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) Modified on 1/11/2019 to correct date hearing held (jld). Modified on 2/1/2019 to correct date hearing held (dk). [Transferred from Indiana Northern on 3/29/2019.]
January 7, 2019 Opinion or Order Filing 55 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the status conference on January 9, 2019 at 1:15 p.m. (EST).. Signed by Judge Robert L Miller, Jr on 1/7/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
December 21, 2018 Opinion or Order Filing 54 ORDER granting Motion for Extension of Time to File Response to Motion for Protective Order. Response to be filed by 1/10/2019. Signed by Judge Robert L Miller, Jr on 12/21/18. (jld) [Transferred from Indiana Northern on 3/29/2019.]
December 20, 2018 Filing 53 Consent MOTION for Extension of Time to File Response/Reply as to #51 MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice by Plaintiff Beverly Francis. (Franciskato PHV, Brian) [Transferred from Indiana Northern on 3/29/2019.]
December 18, 2018 Filing 52 NOTICE by Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc re #51 MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice Local Rule 37-1 Notice (Hanig, Erin) [Transferred from Indiana Northern on 3/29/2019.]
December 17, 2018 Filing 51 ***WITHDRAWN PER * #69 ORDER ON 3/26/2019*** MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice by Defendants Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hanig, Erin) Modified on 3/27/2019 (jld). [Transferred from Indiana Northern on 3/29/2019.]
November 19, 2018 Filing 50 STATUS CONFERENCE held on 11/15/2018 before Judge Robert L Miller, Jr. Pla appeared by atty Brenda Fulmer. Dft appeared by atty John Winter, Erin Hanig. Topics discussed included status of discovery in Groups 6 and 7 and pending motions. Next status conference set for Wednesday, January 9, 2019 at 1:15 p.m. (EST) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) Modified on 12/13/2018 to correct date of hearing (jld). [Transferred from Indiana Northern on 3/29/2019.]
November 9, 2018 Opinion or Order Filing 49 ORDER Concerning Remote Attendance at Status Conference; set for 11/15/2018 01:15 PM EST by telephone can join via conference call. Signed by Judge Robert L Miller, Jr on 11/9/2018. Associated Cases: 3:12-md-02391-RLM-MGG et al.(lpw) [Transferred from Indiana Northern on 3/29/2019.]
October 1, 2018 Opinion or Order Filing 48 ORDER The court GRANTS the parties' joint motion for an extension of time to submit the proposed Remand Group 2 case list (Doc. No. 3723 ) to/including 10/5/2018. Signed by Judge Robert L Miller, Jr on 10/1/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
September 24, 2018 Opinion or Order Filing 43 ORDER By agreement of the parties, the November 8 status conference is RESET for Thursday 11/15/2018 at 1:15 PM (EST) in US District Court - South Bend before Judge Robert L Miller Jr.. Signed by Judge Robert L Miller, Jr on 9/24/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
September 21, 2018 Opinion or Order Filing 42 MEMORANDUM AND ORDER FOR SEPTEMBER 19, 2018 STATUS CONFERENCE Summary of topics discussed and action taken. Next status conference set for November 8, 2018 at 1:15 p.m. (EST).. Signed by Judge Robert L Miller, Jr on 9/21/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
September 19, 2018 Opinion or Order Filing 41 ORDER The court GRANTS the defendants' 3178 Motion to add Attorneys J. Joseph Tanner, Adrienne Franco Busby, Andrew L. Campbell, and Stephanie N. Russo as Co-Liaison Counsel. Signed by Judge Robert L Miller, Jr on 9/19/2018. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
September 19, 2018 Filing 40 STATUS CONFERENCE held on 9/19/2018 before Judge Robert L Miller, Jr. Pla appeared by atty N. Ward and B. Fulmer (by phone). Dft appeared by atty E. Hanig, J. Winter, J. LaDue, J. Tanner (in person). The Court hears from parties. Written order to follow. The next Status Conference is set for 11/8/2018 at 1:15 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
September 18, 2018 Filing 47 NOTICE of Appearance by Adrienne Franco Busby on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 3/29/2019.]
September 18, 2018 Filing 46 NOTICE of Appearance by Stephanie N Russo on behalf of Biomet Orthopedics, LLC, Biomet, Inc.(ksc) [Transferred from Indiana Northern on 3/29/2019.]
September 18, 2018 Filing 45 NOTICE of Appearance by Andrew L Campbell on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 3/29/2019.]
September 18, 2018 Filing 44 NOTICE of Appearance by J Joseph Tanner on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 3/29/2019.]
September 12, 2018 Opinion or Order Filing 39 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the status conference on September 19, 2018 at 1:30 p.m. (E.D.T.). Signed by Judge Robert L Miller, Jr on 9/12/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
September 6, 2018 Opinion or Order Filing 38 ORDER OF TRANSFER UNDER 28 U.S.C. 1404(a) AND EXPLANATION TO RECEIVING COURTS Pursuant to the court's prior orders and 28 USC 1404(a), the Clerk of Court is ORDERED TO TRANSFER the cases listed on Exhibit A to the venues agreed upon by the parties and designated in the order. Signed by Judge Robert L Miller, Jr on 9/6/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
September 6, 2018 Filing 37 SUGGESTION OF REMAND/EXPLANATION TO TRANSFEROR COURTS Pursuant to 28 USC 1407(a) and Panel Rule 10.1(b), the court suggests that the Judicial Panel on Multidistrict Litigation remand the cases listed in Exhibit A to the districts from which they were transferred. Signed by Judge Robert L Miller, Jr on 9/6/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) (A copy of this Order was emailed to the Judicial Panel on Multidistrict Litigation on 9/6/2018) [Transferred from Indiana Northern on 3/29/2019.]
August 24, 2018 Opinion or Order Filing 36 ORDER VACATING DIRECT FILING PROVISION AND REQUESTING CESSATION OF CONDITIONAL TRANSFERS: Pursuant to the scheduling order issued on 4/23/18 Doc No. 3573 , the provisions in Section III of the 2/15/13 and 3/14/16 Case Mgmt Orders Doc. Nos. 242 and 3096 allowing direct filing in this Court are VACATED effective 9/1/18, and no direct filings will be allowed after that date. Signed by Judge Robert L Miller, Jr on 8/24/18. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 3/29/2019.] Modified text on 3/29/2019 (jlg)
August 16, 2018 Opinion or Order Filing 35 ORDER: The parties shall have to and including 8/31/18 to file any objections they may have to: (1) adding 3:13-CV-283, 3:13-CV-1017, 3:14-CV-1264, and 3:14-CV-1271 to the list of cases to be included in Remand Group 1, and (2) transferring all direct-filings to the jurisdictions identified in the proposed list and issuing a suggestion of remand in the cases listed above. Signed by Judge Robert L Miller, Jr on 8/16/18. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 3/29/2019.]
July 26, 2018 Opinion or Order Filing 34 ORDER The Defendants' ( 3623 in 3:12-md-02391-RLM-MGG) Consent MOTION to reset Status Conference is GRANTED. The Status Conference is RESET 9/19/2018 at 1:30 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Signed by Judge Robert L Miller, Jr on 7/26/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
July 18, 2018 Filing 33 TELEPHONE CONFERENCE held on 7/18/2018 before Judge Robert L Miller, Jr. Pla appeared by atty A. Davis, N. Ward. Dft appeared by atty E. Hanig, J. LaDue, J. Winter. Topics discussed included status of Group 5 and 6 discovery, the proposed pretrial order on remand, upcoming expert video depositions, pro se cases and pending motions. Following discussion, the court directed plaintiff's counsel to file any motion to enforce settlement in Simpson v. Biomet, 3:16cv466, by Aug 9, 2018. Next status conference set for Aug 27, 2018 at 1:30 p.m. (EDT) before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
July 12, 2018 Opinion or Order Filing 32 Remote Attendance Order for July 18, 2018 Status Conference Call in information for the hearing on 7/18/2018 at 1:30 PM (EDT). Signed by Judge Robert L Miller, Jr on 7/12/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
June 13, 2018 Filing 31 NOTICE of Appearance by Michele S Stephan PHV on behalf of Beverly Francis (Stephan PHV, Michele) [Transferred from Indiana Northern on 3/29/2019.]
May 29, 2018 Filing 30 Docket Annotation: The Dismissal Order entered on 5/29/2018 related to only three member cases, but was inadvertently docketed in all pending member cases. To avoid confusion and correct the error, the original entry [Doc. No. 3593 ] was deleted from the master and all member case dockets, and the order was redocketed in 3:12md2391 [Doc. No. 3596 ] and the related member cases (3:13cv1243, 3:14cv1243, and 3:16cv170).Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
May 17, 2018 Filing 29 STATUS CONFERENCE held on 5/17/2018 before Judge Robert L Miller, Jr. Pla appeared by atty Brenda Fulmer. Dft appeared by atty John Winter and John LaDue. The Court hears from parties. A Status Conference is set for 7/18/2018 at 1:30 PM (EST) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter J. Hoffman.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
May 9, 2018 Opinion or Order Filing 28 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the May 17, 2018 status conference.. Signed by Judge Robert L Miller, Jr on 5/9/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
April 23, 2018 Opinion or Order Filing 27 SCHEDULING ORDER - This order activates Group 6 (Exh. A) for case specific discovery purposes and establishes deadlines for winding up the MDL proceedings. Signed by Judge Robert L Miller, Jr on 4/23/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(ksc) [Transferred from Indiana Northern on 3/29/2019.]
April 10, 2018 Opinion or Order Filing 26 ORDER GRANTING 3560 Motion for Extension of Time to File. Parties given to and including April 11, 2018 to file the joint proposed scheduling order. Signed by Judge Robert L Miller, Jr on 4/10/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
March 29, 2018 Opinion or Order Filing 25 ORDER By agreement of the parties, the court established deadlines and a schedule for briefing summary judgment motions in the cases identified in Exhibits A, B, and C to this order. See order for details.. Signed by Judge Robert L Miller, Jr on 3/29/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
March 26, 2018 Opinion or Order Filing 24 ORDER GRANTING IN PART Plaintiffs Steering Committee's request to take video depositions of its generic expert witnesses, and DIRECTING parties to submit proposed agreed scheduling order by April 9, 2018. Signed by Judge Robert L Miller, Jr on 3/26/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
March 14, 2018 Opinion or Order Filing 23 MEMORANDUM AND ORDER FOR MARCH 12, 2018 STATUS CONFERENCE Summary of topics discussed and action taken. Next status conference set for Thursday, May 17, 2018 at 1:00 p.m. (EDT).. Signed by Judge Robert L Miller, Jr on 3/14/2018. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
March 12, 2018 Filing 22 STATUS CONFERENCE held on 3/12/2018 before Judge Robert L Miller, Jr. Pla appeared by attys Jasper Ward (in person), Brenda Fulmer and Ahmad Diab (by phone). Dft appeared by attys Erin Hanig, John LaDue, and John Winter (all in person). The Court hears from parties. Status Conference set for 5/17/2018 at 1:00 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Written order to follow.(Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
February 8, 2018 Opinion or Order Filing 21 OPINION AND ORDER Biomets 3388 motions for summary judgment related to the Taper, ReCap, and metal-on-polyethylene devices is DENIED on the merits; Biomets 3390 motions for summary judgment relating to the state-of-the-art defense is DENIED, without prejudice; If the plaintiffs in White v. Biomet (3:16cv115) and Glynn v. Biomet (3:15cv491) wish to take device-specific expert depositions, they should file a motion to that effect within 14 days from the date of this order, and should indicate in that motion whether local counsel will conduct the deposition, with or without the assistance of the Plaintiffs Steering Committee. The plaintiffs in the Price v. Biomet (3:14cv275) and Gearon v. Biomet (3:14cv2099) shall have 14 days from the date of this order to file a motion to amend the scheduling order to allow device-specific expert depositions or, alternatively, a motion for suggestion of remand. If they elect the later, the Plaintiffs Steering Committee should address the effect, if any, remand would have on the plaintiffs obligations under the December 7,2015 Amended Holdback Order 3022 in its response. Signed by Judge Robert L Miller, Jr on 2/8/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
February 1, 2018 Opinion or Order Filing 20 MEMORANDUM AND ORDER FOR JANUARY 30, 2018 STATUS CONFERENCE Summary of the topics discussed and actions taken. The next Status Conference is set for 3/12/2018 at 1:30 PM (EDT)in US District Court - South Bend before Judge Robert L Miller Jr.. Signed by Judge Robert L Miller, Jr on 2/1/18. (Copy mailed to pro se parties)Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
January 30, 2018 Filing 19 TELEPHONIC STATUS CONFERENCE held on 1/30/2018 before Judge Robert L Miller, Jr. Pla appeared by atty Brenda Fulmer (in person), Ahmed Diab and Justin Presnal (by phone). Dft appeared by atty Erin Linder and John LaDue (in person), John Winter (by phone). The next Status Conference is set for 3/12/2018 at 1:30 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Written order to follow.(Court Reporter Debra Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
January 25, 2018 Opinion or Order Filing 18 Remote Attendance Order for January 30, 2018 Telephonic Status Conference Call-in information for the telephonic status conference on January 30, 2018 at 1:30 pm (EDT).. Signed by Judge Robert L Miller, Jr on 1/25/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
December 21, 2017 Filing 17 OPINION AND ORDER DENYING 3381 Executive Committee's motion to exclude opinions and testimony of Biomet's expert Steven R. Schmid; GRANTING IN PART AND DENYING IN PART 3382 the Executive Committee's motion to exclude opinions and testimony of Biomet expert David Schroeder; DENYING 3383 the Executive Committee's motion to exclude opinions and testimony of Biomet's expert Daniel Schultz, M.D.; GRANTING IN PART AND DENYING IN PART 3384 the Executive Committee's motion to exclude opinions and testimony of Biomet's expert Andrew I Spitzer, M.D.; GRANTING IN PART AND DENYING IN PART 3385 the Executive Committee's Motion to exclude opinions and testimony of Biomet's expert Dr. Kenneth St. John; DENYING 3386 Biomet's motion to exclude opinions and testimony of the plaintiffs' expert Mari Truman; GRANTING IN PART AND DENYING IN PART 3399 Biomet's motion to exclude opinions and testimony of the plaintiffs' expert George S Kantor, M.D. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
December 18, 2017 Opinion or Order Filing 16 ORDER On the court's own motion and without objection, the telephonic status conference originally set for 12/19/2017 is now RESET for Tuesday, 1/30/2018 at 1:30 PM (EST) in US District Court - South Bend before Judge Robert L Miller Jr.. Signed by Judge Robert L Miller, Jr on 12/18/17. (Copy mailed to pro se parties)Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
December 12, 2017 Opinion or Order Filing 15 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the 12/19/2017 status conference at 1:30 pm (EST). Signed by Judge Robert L Miller, Jr on 12/12/17. (Copy mailed to pro se parties)Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
October 26, 2017 Filing 14 TELEPHONIC STATUS CONFERENCE held on 10/26/2017 before Judge Robert L Miller, Jr. Pla appeared by atty B. Fulmer. Dft appeared by atty J. LaDue. The Court hears from the parties. Telephonic Status Conference set for 12/19/2017 at 1:30 PM (EST) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
October 23, 2017 Opinion or Order Filing 13 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the Oct. 26, 2017 status conference at 1:30 pm (EDT).. Signed by Judge Robert L Miller, Jr on 10/23/17. (Copy mailed to pro se parties)Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
August 28, 2017 Opinion or Order Filing 12 MEMORANDUM AND ORDER FOR AUGUST 24, 2017 STATUS CONFERENCE Summary of topics discussed and action taken. The next status conference is set for Thursday, October 26, 2017 at 1:30 PM (EDT). Signed by Judge Robert L Miller, Jr on 8/28/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
August 28, 2017 Filing 11 ANSWER to #7 Amended Complaint by Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc.(Hanig, Erin) [Transferred from Indiana Northern on 3/29/2019.]
August 28, 2017 Filing 10 ANSWER to #7 Amended Complaint by Alabama Medical Consultants, Inc., John Cuckler, MD.(Hanig, Erin) [Transferred from Indiana Northern on 3/29/2019.]
August 18, 2017 Opinion or Order Filing 9 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE: Call-in information for the August 24, 2017 status conference at 1:00 pm (EDT). Signed by Judge Robert L Miller, Jr on 8/18/2017. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 3/29/2019.]
July 18, 2017 Filing 8 WAIVER OF SERVICE Returned Executed by Beverly Francis. All Defendants. (Attachments: #1 Supplement)(Sayeg PHV, Ilyas) [Transferred from Indiana Northern on 3/29/2019.]
July 17, 2017 Filing 7 AMENDED COMPLAINT against All Defendants, filed by Beverly Francis.(Sayeg PHV, Ilyas) [Transferred from Indiana Northern on 3/29/2019.]
July 14, 2017 Opinion or Order Filing 6 MEMORANDUM AND ORDER FOR JULY 13, 2017 STATUS CONFERENCE, Summary of topics discussed and action taken. Parties to submit recommendations regarding procedures for handling new referrals and culminating proceedings by August 17, 2017. Next status conference set for August 24, 2017 at 1:00 p.m. (EDT). Signed by Judge Robert L Miller, Jr on 7/14/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
July 12, 2017 Opinion or Order Filing 5 ORDER: The court affords the plaintiffs 21 days from the date of this order to file an amended complaint properly alleging the existence of diversity jurisdiction 28 U.S.C. 1332. Signed by Judge Robert L Miller, Jr on 7/12/17. (jld) [Transferred from Indiana Northern on 3/29/2019.]
July 10, 2017 Opinion or Order Filing 4 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the July 13, 2017 status conference at 9:30 am (EDT).. Signed by Judge Robert L Miller, Jr on 7/10/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
July 5, 2017 Filing 3 NOTICE of Appearance by Erin Linder Hanig on behalf of Alabama Medical Consultants, Inc., Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc, John Cuckler, MD (Hanig, Erin) [Transferred from Indiana Northern on 3/29/2019.]
July 5, 2017 Filing 2 NOTICE of Appearance by John D LaDue on behalf of Alabama Medical Consultants, Inc., Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc, John Cuckler, MD (LaDue, John) [Transferred from Indiana Northern on 3/29/2019.]
June 30, 2017 Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 receipt number 0755-3290157.), filed by Beverly Francis. (Attachments: #1 Civil Cover Sheet)(Sayeg PHV, Ilyas) [Transferred from Indiana Northern on 3/29/2019.]
June 30, 2017 Judge Robert L Miller, Jr and Magistrate Judge Michael G Gotsch, Sr added. (NEW CASE) (jld) [Transferred from Indiana Northern on 3/29/2019.]

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Search for this case: Francis v. Cuckler et al
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Defendant: Biomet, Inc.
Represented By: J. Joseph Tanner
Represented By: Andrew L. Campbell
Represented By: John D. LaDue
Represented By: Erin Linder Hanig
Represented By: Stephanie N. Russo
Represented By: Adrienne Franco Busby
Represented By: Edward P. Perdue
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Defendant: Biomet Manufacturing, LLC
Represented By: John D. LaDue
Represented By: Erin Linder Hanig
Represented By: Edward P. Perdue
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Defendant: Biomet US Reconstruction, LLC
Represented By: John D. LaDue
Represented By: Erin Linder Hanig
Represented By: Edward P. Perdue
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Defendant: Alabama Medical Consultants, Inc.
Represented By: John D. LaDue
Represented By: Erin Linder Hanig
Represented By: Edward P. Perdue
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Defendant: John Cuckler, MD
Represented By: John D. LaDue
Represented By: Erin Linder Hanig
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Defendant: Biomet Orthopedics, LLC
Represented By: J. Joseph Tanner
Represented By: Andrew L. Campbell
Represented By: John D. LaDue
Represented By: Erin Linder Hanig
Represented By: Stephanie N. Russo
Represented By: Adrienne Franco Busby
Represented By: Edward P. Perdue
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Defendant: John Cuckler
Represented By: John D. LaDue
Represented By: Erin Linder Hanig
Represented By: Edward P. Perdue
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Plaintiff: Beverly Francis
Represented By: Altom M. Maglio
Represented By: Brian S. Franciskato
Represented By: Michele S. Stephan
Represented By: Ilyas Sayeg
Represented By: Michele Stephan
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