McLevis v. Cuckler, MD et al
Plaintiff: Ronald McLevis
Defendant: Biomet Manufacturing, LLC, Biomet U.S. Reconstruction, LLC, Alabama Medical Consultants, Inc., John Cuckler, MD, Biomet Inc and Biomet Orthopedics, LLC
Case Number: 0:2019cv00891
Filed: April 1, 2019
Court: US District Court for the District of Minnesota
Presiding Judge: Paul A Magnuson
Referring Judge: Steven E Rau
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on June 7, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 7, 2019 Filing 78 REPORT of Rule 26(f) Planning Meeting. Filed by Ronald McLevis.(Franciskato, Brian)
June 3, 2019 Filing 77 **TEXT ONLY ENTRY** Minute Entry for proceedings held before Judge Paul A. Magnuson: Status Conference held on 6/3/2019. Present: Genevieve Zimmerman present for Plaintiff; Daniel Connolly present for Defendant. (ct30min) (JEP)
May 2, 2019 Opinion or Order Filing 76 TEXT ONLY ENTRY: ORDER granting #73 Motion for Admission Pro Hac Vice of Attorney Randy W. James for Ronald McLevis. Approved by Magistrate Judge Steven E. Rau on 5/2/2019. (NAH)
April 29, 2019 Filing 75 AMENDED ORDER: In re dispositive motion practice in cases assigned to Judge Magnuson, signed by The Hon. Paul A. Magnuson on October 1, 2014.(JEP)
April 23, 2019 Opinion or Order Filing 74 TEXT ONLY ENTRY: ORDER granting #72 Motion for Admission Pro Hac Vice of Attorney Brian S Franciskato for Ronald McLevis. Approved by Magistrate Judge Steven E. Rau on 4/23/2019. (NAH)
April 17, 2019 Filing 73 MOTION for Admission Pro Hac Vice for Attorney Randy W. James. Filing fee $ 100, receipt number AMNDC-6815976 filed by Ronald McLevis. (Zimmerman, Genevieve)
April 17, 2019 Filing 72 MOTION for Admission Pro Hac Vice for Attorney Brian S. Franciskato. Filing fee $ 100, receipt number AMNDC-6815960 filed by Ronald McLevis. (Zimmerman, Genevieve)
April 15, 2019 Filing 71 **TEXT ONLY ENTRY** NOTICE TO ATTORNEYS. NOTICE OF STATUS CONFERENCE. A Status Conference will be held Monday, June 3, 2019, 10:00 a.m., in Chambers 734, before Judge Paul A. Magnuson. (JEP)
April 4, 2019 Filing 70 NOTICE of Appearance by Genevieve M Zimmerman on behalf of Ronald McLevis. (Zimmerman, Genevieve)
April 1, 2019 Filing 69 TEXT ONLY ENTRY: Notice re: Non-Admitted AttorneyWe have received documents listing Alton M Maglio, Ilyas Sayeg, Michael Cowgill, Michelle Stephan, Brian Franciskato, Adrienne Busby, Andrew Campbell, J Joseph Tanner as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #href=http://www.mnd.uscourts.gov/FORMS/court_forms.shtml#attorneyforms#. (kt)cc: Alton M Maglio, Ilyas Sayeg, Michael Cowgill, Michelle Stephan, Brian Franciskato, Adrienne Busby, Andrew Campbell, J Joseph Tanner. (kt)
April 1, 2019 Filing 68 Case transferred in from District of Indiana Northern; Case Number 3:17-cv-00957. Original file certified copy of transfer order and docket sheet received. Case assigned to Judge Paul A. Magnuson and referred to Magistrate Judge Steven E. Rau per 3rd/4th Master List.
March 28, 2019 Opinion or Order Filing 67 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 District of Minnesota (Division 4). Signed by Judge Robert L Miller, Jr on 3/28/19. (jld) [Transferred from Indiana Northern on 4/1/2019.]
March 26, 2019 Opinion or Order Filing 66 ORDER: GRANTING #65 Motion to Withdraw #47 Motion for Protective Order; The #47 Motion for Protective Order is WITHDRAWN. Signed by Judge Robert L Miller, Jr on 3/26/19. (jld) [Transferred from Indiana Northern on 4/1/2019.]
March 25, 2019 Filing 65 MOTION to Withdraw #47 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 4/1/2019.]
March 4, 2019 Opinion or Order Filing 64 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 4/1/2019.]
March 4, 2019 Opinion or Order Filing 63 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 4/1/2019.]
March 4, 2019 Filing 62 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 4/1/2019.]
March 1, 2019 Filing 61 Second MOTION to Stay re #47 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 4/1/2019.]
February 27, 2019 Opinion or Order Filing 60 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 4/1/2019.]
February 4, 2019 Opinion or Order Filing 59 ORDER granting #58 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 4/1/2019.]
January 29, 2019 Filing 58 Joint MOTION to Stay re #47 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 4/1/2019.]
January 23, 2019 Opinion or Order Filing 57 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 4/1/2019.]
January 23, 2019 Opinion or Order Filing 56 OPINION AND ORDER: DENYING #19 Motion to Vacate the May 2018 order dismissing defendants Dr. Cuckler and AMC. Signed by Judge Robert L Miller, Jr on 1/23/19. (jld) [Transferred from Indiana Northern on 4/1/2019.]
January 16, 2019 Filing 55 Consent MOTION for Extension of Time to File Response/Reply as to #47 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 4/1/2019.]
January 10, 2019 Opinion or Order Filing 54 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 4/1/2019.]
January 10, 2019 Filing 53 RESPONSE to Motion re #47 MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice filed by Ronald McLevis. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Franciskato PHV, Brian) [Transferred from Indiana Northern on 4/1/2019.]
January 10, 2019 Filing 52 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 4/1/2019.]
January 7, 2019 Opinion or Order Filing 51 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 4/1/2019.]
December 21, 2018 Opinion or Order Filing 50 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 4/1/2019.]
December 20, 2018 Filing 49 Consent MOTION for Extension of Time to File Response/Reply as to #47 MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice by Plaintiff Ronald McLevis. (Franciskato PHV, Brian) [Transferred from Indiana Northern on 4/1/2019.]
December 18, 2018 Filing 48 NOTICE by Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. re #47 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 4/1/2019.]
December 17, 2018 Filing 47 ***WITHDRAWN PER #66 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 4/1/2019.]
December 12, 2018 Filing 46 NOTICE of Appearance by Michael J Cowgill PHV on behalf of Ronald McLevis (Cowgill PHV, Michael) [Transferred from Indiana Northern on 4/1/2019.]
December 12, 2018 Opinion or Order Filing 45 ORDER granting #44 Application to Appear Pro Hac Vice of Attorney Michael J Cowgill PHV for Ronald McLevis. Signed by Judge Robert L Miller, Jr on 12/12/2018. (mtr) [Transferred from Indiana Northern on 4/1/2019.]
November 28, 2018 Filing 44 Application for Attorney Michael Joseph Cowgill to Appear Pro Hac Vice on behalf of Ronald McLevis. (MDL-PHV Temporary Login, ) (Main Document 44 replaced on 12/11/2018) (mtr). [Transferred from Indiana Northern on 4/1/2019.]
November 19, 2018 Filing 43 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 4/1/2019.]
November 9, 2018 Opinion or Order Filing 42 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 4/1/2019.]
October 1, 2018 Opinion or Order Filing 41 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 4/1/2019.]
September 24, 2018 Opinion or Order Filing 36 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 4/1/2019.]
September 21, 2018 Opinion or Order Filing 35 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 4/1/2019.]
September 19, 2018 Opinion or Order Filing 34 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 4/1/2019.]
September 19, 2018 Filing 33 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 4/1/2019.]
September 18, 2018 Filing 40 NOTICE of Appearance by Adrienne Franco Busby on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 4/1/2019.]
September 18, 2018 Filing 39 NOTICE of Appearance by Stephanie N Russo on behalf of Biomet Orthopedics, LLC, Biomet, Inc.(ksc) [Transferred from Indiana Northern on 4/1/2019.]
September 18, 2018 Filing 38 NOTICE of Appearance by Andrew L Campbell on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 4/1/2019.]
September 18, 2018 Filing 37 NOTICE of Appearance by J Joseph Tanner on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 4/1/2019.]
September 12, 2018 Opinion or Order Filing 32 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 4/1/2019.]
September 6, 2018 Opinion or Order Filing 31 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 4/1/2019.]
September 6, 2018 Filing 30 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 4/1/2019.]
August 24, 2018 Opinion or Order Filing 29 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 4/1/2019.]
August 16, 2018 Opinion or Order Filing 28 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 4/1/2019.]
July 26, 2018 Opinion or Order Filing 27 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 4/1/2019.]
July 18, 2018 Filing 26 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 4/1/2019.]
July 12, 2018 Opinion or Order Filing 25 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 4/1/2019.]
June 13, 2018 Filing 24 NOTICE of Appearance by Michele S Stephan PHV on behalf of Ronald McLevis (Stephan PHV, Michele) [Transferred from Indiana Northern on 4/1/2019.]
May 29, 2018 Filing 23 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 4/1/2019.]
May 22, 2018 Filing 22 RESPONSE to Motion re #19 MOTION to Vacate #15 Memorandum in Support, #18 Order on Motion to Dismiss filed by Alabama Medical Consultants, Inc., John Cuckler, MD. (Hanig, Erin) [Transferred from Indiana Northern on 4/1/2019.]
May 17, 2018 Filing 21 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 4/1/2019.]
May 9, 2018 Opinion or Order Filing 20 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 4/1/2019.]
May 8, 2018 Filing 19 MOTION to Vacate #15 Memorandum in Support, #18 Order on Motion to Dismiss by Plaintiff Ronald McLevis. (Maglio PHV, Altom) [Transferred from Indiana Northern on 4/1/2019.]
May 3, 2018 Opinion or Order Filing 18 OPINION AND ORDER: GRANTING #14 Motion to Dismiss. Defendants Dr. John Cuckler and Alabama Medical Consultants Inc are DISMISSED. Signed by Judge Robert L Miller, Jr on 5/3/18. (jld) [Transferred from Indiana Northern on 4/1/2019.]
April 23, 2018 Opinion or Order Filing 17 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 4/1/2019.]
April 10, 2018 Opinion or Order Filing 16 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 4/1/2019.]
April 9, 2018 Filing 15 MEMORANDUM in Support of #14 MOTION to Dismiss filed by Alabama Medical Consultants, Inc., John Cuckler, MD. (Attachments: #1 Exhibit A)(Hanig, Erin) [Transferred from Indiana Northern on 4/1/2019.]
April 9, 2018 Filing 14 MOTION to Dismiss by Defendants Alabama Medical Consultants, Inc., John Cuckler, MD. (Hanig, Erin) [Transferred from Indiana Northern on 4/1/2019.]
April 9, 2018 Filing 13 ANSWER to #1 Complaint by Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc..(Hanig, Erin) [Transferred from Indiana Northern on 4/1/2019.]
March 29, 2018 Opinion or Order Filing 12 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 4/1/2019.]
March 26, 2018 Opinion or Order Filing 11 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 4/1/2019.]
March 14, 2018 Opinion or Order Filing 10 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 4/1/2019.]
March 12, 2018 Filing 9 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 4/1/2019.]
February 8, 2018 Opinion or Order Filing 8 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 4/1/2019.]
February 1, 2018 Opinion or Order Filing 7 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 4/1/2019.]
January 30, 2018 Filing 6 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 4/1/2019.]
January 25, 2018 Opinion or Order Filing 5 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 4/1/2019.]
January 4, 2018 Filing 4 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 4/1/2019.]
January 4, 2018 Filing 3 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 4/1/2019.]
December 22, 2017 Judge Robert L Miller, Jr and Magistrate Judge Michael G Gotsch, Sr added. (NEW CASE) (jld) [Transferred from Indiana Northern on 4/1/2019.]
December 21, 2017 Filing 2 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 4/1/2019.]
December 21, 2017 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0755-3442895.), filed by Ronald McLevis. (Attachments: #1 Civil Cover Sheet)(Sayeg PHV, Ilyas) [Transferred from Indiana Northern on 4/1/2019.]

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Search for this case: McLevis v. Cuckler, MD et al
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Defendant: Biomet Manufacturing, LLC
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Defendant: Biomet U.S. Reconstruction, LLC
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Defendant: Alabama Medical Consultants, Inc.
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Defendant: John Cuckler, MD
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Defendant: Biomet Inc
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Defendant: Biomet Orthopedics, LLC
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Plaintiff: Ronald McLevis
Represented By: Randy W. James
Represented By: Genevieve M Zimmerman
Represented By: Brian S Franciskato
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