Rhodes et al v. Biomet Inc et al
Lawrence Rhodes and Brenda Rhodes |
Biomet Orthopedics LLC., Biomet Manufacturing, LLC, Biomet Manufacturing Corp., Biomet U.S. Reconstruction, LLC and Biomet Inc |
1:2019cv00036 |
March 5, 2019 |
US District Court for the Eastern District of Missouri |
Abbie Crites-Leoni |
Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
28 U.S.C. § 1332 |
Both |
Docket Report
This docket was last retrieved on March 5, 2019. A more recent docket listing may be available from PACER.
Document Text |
---|
Filing 200 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (CSAW) |
Filing 199 Case transferred in from District of Indiana Northern; Case Number 3:14-cv-00863. Original file certified copy of transfer order and docket sheet received. Case transferred in electronically. |
Case Opening Notification: All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. and all non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). Judge Assigned: U.S. Magistrate Judge Abbie S. Crites-Leoni. (MRS) |
|
|
Filing 196 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). |
|
|
Filing 193 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). |
|
|
|
|
|
Filing 183 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) |
Filing 190 NOTICE of Appearance by Adrienne Franco Busby on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) |
Filing 189 NOTICE of Appearance by Stephanie N Russo on behalf of Biomet Inc, Biomet Orthopedics LLC.(ksc) |
Filing 188 NOTICE of Appearance by Andrew L Campbell on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) |
Filing 187 NOTICE of Appearance by J Joseph Tanner on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) |
|
|
Filing 180 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) |
|
|
|
Filing 176 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) |
|
Filing 174 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) |
Filing 173 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) |
|
|
Filing 170 NOTICE of Appearance by Katherine A Kiziah PHV on behalf of Brenda Rhodes, Lawrence Rhodes (Kiziah PHV, Katherine) |
|
|
|
|
Filing 165 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) |
|
|
Filing 162 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) |
|
|
Filing 159 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) |
|
|
|
Filing 155 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) |
|
Filing 153 ANSWER to #151 Amended Complaint by Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet US Reconstruction LLC.(Hanig, Erin) |
|
Filing 151 AMENDED COMPLAINT against Biomet Inc, Biomet Orthopedics LLC, Biomet US Reconstruction LLC, Biomet Manufacturing LLC, filed by Lawrence Rhodes.(jld) |
|
|
Filing 148 MOTION to Substitute Party and Motion for Leave to File an Amended Complaint by Plaintiff Lawrence Rhodes. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fulmer PHV, Brenda) |
|
|
|
Filing 144 SUGGESTION OF DEATH Upon the Record as to Plaintiff Brenda Rhodes by Biomet Inc, Biomet Manufacturing Corp, Biomet Orthopedics LLC, Biomet US Reconstruction LLC. (Hanig, Erin) |
Filing 143 NOTICE of Appearance by Brenda S Fulmer PHV on behalf of All Plaintiffs (Fulmer PHV, Brenda) |
|
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) |
Filing 141 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) |
|
Filing 139 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) |
|
|
|
|
Filing 134 NOTICE of Change of Address/Contact Information Associated Cases: 3:12-md-02391-RLM-MGG et al.(Hanig, Erin) |
|
Filing 132 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) |
|
|
|
|
|
|
Magistrate Judge Michael G Gotsch, Sr added. Magistrate Judge Christopher A Nuechterlein no longer assigned to case. (jld) |
Filing 125 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) |
|
|
Filing 122 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) |
|
|
|
Filing 118 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) |
Filing 117 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) |
Filing 116 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) |
|
|
|
|
Filing 111 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) |
|
|
|
|
|
Filing 106 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) |
|
Motion Terminated (3117) Motion to Withdraw as Attorney. Associated Cases: 3:12-md-02391-RLM-CAN et al.(ksc) |
|
Filing 102 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) |
|
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). |
|
Filing 99 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) |
Filing 98 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) |
Filing 97 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). |
|
3087 Motion for Discovery terminated in case 3:12-md-02391-RLM-CAN Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) |
3087 Motion for Discovery terminated in case 3:12-md-2391-RLM-CAN. Associated Cases: 3:12-md-02391-RLM-CAN et al.(ksc) |
Filing 95 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) |
|
Filing 93 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) |
|
|
|
|
|
|
Filing 86 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) |
Filing 85 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) |
|
Filing 83 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) |
Filing 82 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) |
|
|
|
|
Filing 77 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) |
Filing 76 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) |
|
Filing 74 NOTICE of Settlement by All Defendants Associated Cases: 3:12-md-02391-RLM-CAN et al.(LaDue, John) |
|
|
|
|
|
Filing 68 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) |
Filing 67 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.) |
|
Filing 65 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) |
Filing 64 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) |
|
|
|
Filing 60 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) |
|
|
Filing 57 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. |
|
|
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) |
|
Filing 53 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) |
Motion terminated per 2925 Order. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) |
|
Motions terminated pursuant to 2924 Order. Associated Cases: 3:12-md-02391-RLM-CAN et al.(ksc) |
|
Filing 50 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). |
Filing 49 AMENDED MOTION Appoint Escrow Agent and Fee Committee by Plaintiffs' Liaison Counsel. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) |
|
Filing 48 APPLICATION for WITHDRAWAL of Altom M. Maglio from Plaintiffs' Steering Committee. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) |
Motions Terminated: Motion to Appoint Escrow Agent and Fee Committee termed per Order 2914 in 3:12md2391. |
|
|
|
Filing 43 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) |
Filing 42 Letter dated 5/14/15 from Terrence Smith re: 2874 . Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) |
Filing 41 Letter from Erin Linder Hanig re: remaining cases and attorneys. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) |
|
Filing 38 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) |
|
Filing 39 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) |
Filing 36 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) |
Filing 35 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) |
|
Filing 33 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) |
Filing 32 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) |
|
Filing 31 Letter from Thomas R Anapol in response to 2874 Letter from Gregg Borri Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) |
Filing 30 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) |
|
Filing 27 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) |
|
|
|
Filing 23 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) |
|
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) |
Filing 21 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) |
|
Filing 19 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) |
Filing 18 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) |
Filing 17 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). |
|
|
|
|
Filing 12 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) |
|
|
Filing 9 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) |
|
Filing 7 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) |
|
Filing 5 NOTICE of Appearance by John David LaDue on behalf of Biomet Inc, Biomet Manufacturing Corp, Biomet Orthopedics LLC, Biomet US Reconstruction LLC (LaDue, John) |
Filing 4 NOTICE of Appearance by Erin Linder Hanig on behalf of Biomet Inc, Biomet Manufacturing Corp, Biomet Orthopedics LLC, Biomet US Reconstruction LLC (Hanig, Erin) |
Filing 3 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) |
|
Filing 1 COMPLAINT with Jury Demand against Biomet Inc, Biomet Manufacturing Corp, Biomet Orthopedics LLC, Biomet US Reconstruction LLC (Filing fee $ 400.) Receipt #3010221, filed by Brenda Rhodes, Lawrence Rhodes. (Attachments: #1 Civil Cover Sheet)(jld) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Missouri Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.