Garbe v. Biomet Inc et al
Phillip M. Garbe |
Biomet Orthopedics, LLC, Biomet, Inc. and Biomet US Reconstruction, LLC |
0:2020cv00748 |
March 18, 2020 |
US District Court for the District of Minnesota |
Nancy E Brasel |
David T Schultz |
Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
Both |
Docket Report
This docket was last retrieved on April 6, 2020. A more recent docket listing may be available from PACER.
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Filing 56 TEXT ONLY ENTRY: ORDER granting #54 Motion for Admission Pro Hac Vice of Attorney Thomas J. Joensen for Biomet Orthopedics, LLC, Biomet US Reconstruction, LLC and for Biomet, Inc..; granting #55 Motion for Admission Pro Hac Vice of Attorney Stephanie A. Koltookian for Biomet Orthopedics, LLC, Biomet US Reconstruction, LLC and for Biomet, Inc.. Ordered by Magistrate Judge David T. Schultz on 4/6/2020. (JGK) |
Filing 55 MOTION for Admission Pro Hac Vice for Attorney Stephanie A. Koltookian. Filing fee $ 100, receipt number AMNDC-7616570 filed by Biomet Orthopedics, LLC, Biomet US Reconstruction, LLC, Biomet, Inc.. (Tessier, Michelle) |
Filing 54 MOTION for Admission Pro Hac Vice for Attorney Thomas J. Joensen. Filing fee $ 100, receipt number AMNDC-7616445 filed by Biomet Orthopedics, LLC, Biomet US Reconstruction, LLC, Biomet, Inc.. (Tessier, Michelle) |
Filing 53 NOTICE of Appearance by Robert Gallup on behalf of All Defendants. (Gallup, Robert) |
Filing 52 NOTICE of Appearance by Michelle M. Tessier on behalf of All Defendants. (Tessier, Michelle) |
Filing 51 TEXT ONLY ENTRY: Notice re: Non-Admitted AttorneyWe have received documents listing Adrienne France Busby, Andrew L. Campbell, Erin Linder Hanig, J Joseph Tanner, John LaDue, Stephanie Russo, Teresa Griffin 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#. cc: Adrienne France Busby, Andrew L. Campbell, Erin Linder Hanig, J Joseph Tanner, John LaDue, Stephanie Russo, Teresa Griffin.(kt) |
Filing 50 Case transferred in from District of Indiana Northern; Case Number 3:18-cv-00668. Original file certified copy of transfer order and docket sheet received. Case assigned to Judge Nancy E. Brasel and referred to Magistrate Judge David T. Schultz per 3rd/4th Master List. |
Filing 49 FIFTH TRANSFER ORDERAND 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 designated in the order. Case TRANSFERRED to the District of Minnesota. Signed by Judge Robert L Miller, Jr on 3/16/20. (jld) [Transferred from Indiana Northern on 3/18/2020.] |
Filing 48 MEMORANDUM AND ORDER Memorandum regarding additional discovery and management of remaining cases. Signed by Judge Robert L Miller, Jr on 3/12/20. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/18/2020.] |
Filing 47 STATUS CONFERENCE held on 3/9/2020 before Judge Robert L Miller, Jr. Pla appeared by atty B. Fulmer, N. Ward, M. Kranz, and B. Franciskato in person; J. Saunders, P. Shaw, T. Rockstad, and C. Shakib by phone. Dft appeared by atty J. Winter, E. Hanig, J. Tanner, and T. Griffin in person. The court hears from the parties. Written order to follow. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/18/2020.] |
Filing 46 RESPONSE by Brian S Franciskato to (3824 in 3:12-md-02391-RLM-MGG) Response/Reply,,,, . Associated Cases: 3:12-md-02391-RLM-MGG et al.(Franciskato PHV, Brian) [Transferred from Indiana Northern on 3/18/2020.] |
Filing 45 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the status conference on March 9, 2020 at 1:00 p.m. (EDT). Signed by Judge Robert L Miller, Jr on 3/5/20. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/18/2020.] |
Filing 44 NOTICE of Appearance by Teresa A Griffin on behalf of Biomet Inc, Biomet Manufacturing Corp, Biomet Orthopedics LLC, Biomet US Reconstruction LLC, Biomet Orthopedics, LLC, Biomet US Reconstruction, LLC, Biomet, Inc., Biomet Manufacturing, Inc., Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc., Biomet U.S. Reconstruction LLC, Biomet Orthopedics Inc, Biomet Manufacturing, LLC, John Cuckler, MD, Zimmer Biomet Holdings, Inc., Biomet Fair Lawn LLC, Biomet LLC, Biomet Manufacturing LLC, Biomet US Reconstruction LLC, Biomet U.S. Reconstruction, LLC, Biomet US Reconstruction LLC, Biomet, Inc, Biomet Manufacturing LLC, Zimmer Biomet Holdings Inc, Alabama Medical Consultants, Inc., Biomet US Reconstruction LLC, Zimmer US Inc, Biomet Manufacturing Inc, Biomet U.S. Reconstruction LLC Associated Cases: 3:12-md-02391-RLM-MGG et al.(Griffin, Teresa) [Transferred from Indiana Northern on 3/18/2020.] |
Filing 43 ORDER The March 9, 2020 scheduling conference is converted from a telephonic to an in person hearing. Biomet to file a list of all federal post-remand/transfer cases in which non-case-specific discovery has been allowed over Biomet's opposition and a list of any pending member cases that the court would have jurisdiction to try by February 28, 2020. Signed by Judge Robert L Miller, Jr on 2/7/20. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/18/2020.] |
Filing 42 NOTICE OF HEARING Telephonic Status Conference is RESET for 3/9/2020 at 1:00 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr.. This is a text only entry.Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/18/2020.] |
Filing 41 ORDER : On the court's own motion, the telephonic status conference on January 22, 2020 is VACATED and will be reset by separate order. Text-only order by Judge Robert L Miller, Jr on 1/21/2020. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 3/18/2020.] |
Filing 40 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the telephonic status conference on January 22, 2020 at 1:00 p.m. (EST). Signed by Judge Robert L Miller, Jr on 1/16/20. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/18/2020.] |
Filing 39 TELEPHONIC STATUS CONFERENCE held on 11/12/2019 before Judge Robert L Miller, Jr. Pla appeared by atty B. Fulmer and A. Diab. Dft appeared by atty J. Winter and E. Hanig. The Court hears from parties. The next Telephonic Status Conference is set for 1/22/2020 at 1:00 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 3/18/2020.] |
Filing 38 ORDER CONCERNING NOVEMBER 12, 2019 TELEPHONIC STATUS CONFERENCE : This matter is set for a telephonic status conference on November 12, 2019 at 1:00 p.m. (EST). The conference number is 720-903-7875, and the conference code is 3131-532#. Please call the line fifteen (15) minutes before the call begins, and identify everyone on the call to the operator. No recording of the status conferences is allowed. Attendees have no speaking parts unless authorized in advance by the court. Signed by Judge Robert L Miller, Jr on 11/8/19. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 3/18/2020.] |
Filing 37 NOTICE: The November 12, 2019 status conference will be conducted by telephone. Plaintiffs' Lead Counsel to make arrangements for the call. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 3/18/2020.] |
NOTICE: On the court's own motion, Status Conference set for 10/7/19 is RESET to 11/12/2019 01:00 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 3/18/2020.] |
Filing 36 STATUS CONFERENCE held on 8/8/2019 before Judge Robert L Miller, Jr. Pla appeared by atty Navan Ward. Dft appeared by attys John Winter and Erin Hanig. Topics discussed included the status of discovery in Groups 8A and 8B, remand and transfer of Group 7 cases, and disposition of settled cases. Next status conference set for Monday, October 7, 2019 at 1:00 p.m. (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 3/18/2020.] |
Filing 35 OPINION AND ORDER : Plaintiffs Executive Committees motion to modify future remand/transfer orders [Doc. No. 3767 ] is DENIED. Signed by Judge Robert L Miller, Jr on 8/7/19. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 3/18/2020.] |
Filing 34 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the status conference on August 8, 2019 at 9:30 a.m. (EST).. Signed by Judge Robert L Miller, Jr on 8/6/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/18/2020.] |
Filing 33 AMENDED REMAND/TRANSFER SCHEDULE FOR DISCOVERY GROUPS 7 AND 8 This order sets forth the remand and/or transfer deadlines to applicable to Discovery Groups 7, 8A and B. Signed by Judge Robert L Miller, Jr on 7/2/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/18/2020.] |
Filing 32 REMAND/TRANSFER SHCEDULE FOR DISCOVERY GROUPS 7 AND 8 This order sets forth the remand and/or transfer deadlines applicable to Discovery Groups 7, 8A, and 8B. Signed by Judge Robert L Miller, Jr on 6/26/2019. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/18/2020.] |
Filing 31 ORDER : The status conference previously scheduled for July 18, 2019 is now RESET for Thursday, August 8, 2019, at 9:30 a.m. (E.D.T.) in US District Court - South Bend before Judge Robert L Miller Jr. Signed by Judge Robert L Miller, Jr on 6/25/19. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 3/18/2020.] |
Filing 30 MEMORANDUM AND ORDER FOR MAY 9, 2019 STATUS CONFERENCE : Summary of topics discussed and action taken. Next status conference set for July 18, 2019 at 1:30 p.m. (EDT). Signed by Judge Robert L Miller, Jr on 5/9/19. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 3/18/2020.] |
Filing 29 STATUS CONFERENCE held on 5/9/2019 before Judge Robert L Miller, Jr. Pla appeared by atty B. Fulmer. Dft appeared by attys E. Hanig, J. Winter. The court hears from the parties. Next Status Conference set for 7/18/2019 01:30 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Written memorandum to follow. (Court Reporter T. Gallucci.) Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 3/18/2020.] |
Filing 28 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the status conference on May 9, 2019 at 1:30 p.m. (EST).. Signed by Judge Robert L Miller, Jr on 5/7/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/18/2020.] |
Filing 27 ORDER ACTIVATING DISCOVERY GROUP 8A Identifies cases to be included in Discovery Group 8A for purposes of case-specific discovery and related deadlines. Signed by Judge Robert L Miller, Jr on 3/11/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) Modified on 3/12/2019 to correct Group number (jld). [Transferred from Indiana Northern on 3/18/2020.] |
Filing 26 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 3/18/2020.] |
Filing 25 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 3/18/2020.] |
Filing 24 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 3/18/2020.] |
Filing 23 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 3/18/2020.] |
Filing 22 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 3/18/2020.] |
Filing 21 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 3/18/2020.] |
Filing 20 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 3/18/2020.] |
Filing 19 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 3/18/2020.] |
Filing 18 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 3/18/2020.] |
Filing 17 ANSWER to #1 Complaint by Biomet Inc, Biomet Orthopedics LLC, Biomet U.S. Reconstruction LLC.(Hanig, Erin) [Transferred from Indiana Northern on 3/18/2020.] |
Filing 12 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 3/18/2020.] |
Filing 11 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 3/18/2020.] |
Filing 10 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 3/18/2020.] |
Filing 9 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 3/18/2020.] |
Filing 16 NOTICE of Appearance by Adrienne Franco Busby on behalf of Biomet Inc, Biomet Orthopedics LLC.(ksc) [Transferred from Indiana Northern on 3/18/2020.] |
Filing 15 NOTICE of Appearance by Stephanie N Russo on behalf of Biomet Orthopedics, LLC, Biomet, Inc.(ksc) [Transferred from Indiana Northern on 3/18/2020.] |
Filing 14 NOTICE of Appearance by Andrew L Campbell on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 3/18/2020.] |
Filing 13 NOTICE of Appearance by J Joseph Tanner on behalf of Biomet Inc, Biomet Orthopedics LLC.(ksc) [Transferred from Indiana Northern on 3/18/2020.] |
Filing 8 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 3/18/2020.] |
Filing 7 WAIVER OF SERVICE Returned Executed by Phillip M Garbe. All Defendants. (Raso PHV, Ashleigh) [Transferred from Indiana Northern on 3/18/2020.] |
Filing 6 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 3/18/2020.] |
Filing 5 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 3/18/2020.] |
Filing 4 NOTICE of Appearance by John D LaDue on behalf of Biomet Inc, Biomet Orthopedics LLC, Biomet U.S. Reconstruction LLC (LaDue, John) [Transferred from Indiana Northern on 3/18/2020.] |
Filing 3 NOTICE of Appearance by Erin Linder Hanig on behalf of Biomet Inc, Biomet Orthopedics LLC, Biomet U.S. Reconstruction LLC (Hanig, Erin) [Transferred from Indiana Northern on 3/18/2020.] |
Judge Robert L Miller, Jr and Magistrate Judge Michael G Gotsch, Sr added. (NEW CASE) (jld) [Transferred from Indiana Northern on 3/18/2020.] |
Filing 2 NOTICE by Phillip M Garbe re #1 Complaint (Raso PHV, Ashleigh) [Transferred from Indiana Northern on 3/18/2020.] |
Filing 1 COMPLAINT with JURY DEMAND against Biomet Inc, Biomet Orthopaedics LLC, Biomet U.S. Reconstruction LLC( Filing fee $ 400 receipt number 0755-3665341.), filed by Phillip M Garbe. (Attachments: #1 Civil Cover Sheet)(Raso PHV, Ashleigh) [Transferred from Indiana Northern on 3/18/2020.] |
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