Gearon et al v. Biomet Inc et al

Gearon et al v. Biomet Inc et al

Plaintiff:	Ellen I. Gearon and Raymond D. Gearon
Defendant:	Biomet Manufacturing, LLC, Biomet Manufacturing Corp., Biomet U.S. Reconstruction, LLC, Biomet Inc, Biomet Orthopedics, LLC and Biomet Manufacturing LLC f/k/a Biomet Manufacturing Corp.
Case Number:	4:2018cv00704
Filed:	September 7, 2018
Court:	US District Court for the Western District of Missouri
Presiding Judge:	Beth Phillips
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 October 19, 2018. A more recent docket listing may be available from PACER.

Date Filed	Document Text
October 19, 2018	Filing 193 ORDER granting #192 motion to appear pro hac vice entered by Clerk of Court. Attorney M Elizabeth Dyer Kellett for Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, and Biomet U.S. Reconstruction, LLC allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Geiser, Angel)
October 18, 2018	Filing 192 Motion to allow M. Elizabeth Dyer Kellett to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-5995299) filed by Meg L. Fowler on behalf of Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC. (Fowler, Meg)
October 9, 2018	Filing 191 ORDER. The Court has reviewed the parties' joint status report (Doc. 190). Plaintiffs are ordered to file either a motion for leave to file an amended complaint or if Defendant consents, the amended complaint, by November 30, 2018. Signed on 10/9/18 by District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette)
October 5, 2018	Filing 190 STATUS REPORT (Parties Joint Status Report) by Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC. (Fowler, Meg)
October 4, 2018	Filing 189 NOTICE of appearance by Meg L. Fowler on behalf of Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC (Attorney Meg L. Fowler added to party Biomet Inc(pty:dft), Attorney Meg L. Fowler added to party Biomet Manufacturing, LLC(pty:dft), Attorney Meg L. Fowler added to party Biomet Orthopedics, LLC(pty:dft), Attorney Meg L. Fowler added to party Biomet U.S. Reconstruction, LLC(pty:dft))(Fowler, Meg)
September 14, 2018	Filing 188 ORDER. The parties are ORDERED to file a Joint Status Report on or before October 5, 2018. See Order for details. Signed on 9/14/18 by District Judge Beth Phillips. (Cordell, Annette)
September 11, 2018	Filing 187 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to United States Bankruptcy Judge Brian T. Fenimore. (Attachments: #1 MAP General Order)(Woods, Gloria)
September 11, 2018	Filing 186 NOTICE OF INITIAL JUDGE ASSIGNMENT. This case is randomly assigned to the Honorable Beth Phillips. Please note the case number: 4:18-00704-CV-W-BP. This is a TEXT ONLY ENTRY. No document is attached. (Moore, Terri)
September 10, 2018	Filing 185 CASE TRANSFERRED IN from District of Indiana Northern; Case Number 3:14-cv-02099.
September 6, 2018	Filing 184 TRANSFER ORDER , Pursuant to the court's prior orders and 28 USC 1404(a), the Clerk of Court is ORDERED TO TRANSFER the following cases to the venues agreed upon by the parties and designated in the order: Gearon et al v. Biomet Inc, 3:14cv2099; Glynn et al v. Biomet Inc, 3:15cv491, Petrash v. Biomet Inc, 3:15cv545, and White v. Biomet Inc, 3:16cv115.. Signed by Judge Robert L Miller, Jr on 9/6/18. (jld) [Transferred from innd on 9/10/2018.]
August 24, 2018	Filing 183 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 innd on 9/10/2018.]
August 16, 2018	Filing 182 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 innd on 9/10/2018.]
July 26, 2018	Filing 181 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 innd on 9/10/2018.]
July 18, 2018	Filing 180 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 innd on 9/10/2018.]
July 12, 2018	Filing 179 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 innd on 9/10/2018.]
June 26, 2018	Filing 178 NOTICE of Change of Address/Contact Information (House PHV, Aaron) [Transferred from innd on 9/10/2018.]
June 26, 2018	Filing 177 PLAINTIFFS REPLY TO DEFENDANTS OBJECTIONS TO PLAINTIFFS SUBMISSION OF TRANSFER AND REMAND VENUES by Ellen I. Gearon, Raymond D. Gearon to (3608 in 3:12-md-02391-RLM-MGG) Objection . Associated Cases: 3:12-md-02391-RLM-MGG, 3:14-cv-02099-RLM-MGG(House PHV, Aaron) [Transferred from innd on 9/10/2018.]
May 30, 2018	Filing 175 OPINION AND ORDER The motion for suggestion of remand in Price v. Biomet (DE #170 in 3:14cv275) is GRANTED; The motions for suggestion of remand in Gearon v. Biomet (DE #163 in 3:14-CV-2099) and Petrash v. Biomet (DE #94 in 3:15-CV-545) are construed as motions for transfer under 28 U.S.C. 1404(a), and are GRANTED to the extent they seek transfer, without the limiting instruction proposed by Biomet; The motions for suggestion of remand in Glynn v. Biomet (DE #95 in 3:15-CV-491), and White v. Biomet (DE #74 in 3:16-CV-115) are construed as motions to transfer under 28 U.S.C. 1404(a), and are GRANTED to the extent they seek transfer, without the limiting instruction proposed by Biomet and DENIED in all other respects; The Plaintiffs Steering Committee, in cooperation with plaintiffs local counsel, shall submit a list of the venues to which plaintiffs seek remand or transfer by June 13, 2018, with any objections thereto to be filed on or before June 20, 2018. Signed by Judge Robert L Miller, Jr on 5/30/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 9/10/2018.]
May 29, 2018	Filing 176 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 innd on 9/10/2018.]
May 17, 2018	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) [Transferred from innd on 9/10/2018.]
May 9, 2018	Filing 172 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 innd on 9/10/2018.]
April 23, 2018	Filing 171 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 innd on 9/10/2018.]
April 10, 2018	Filing 170 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 innd on 9/10/2018.]
March 29, 2018	Filing 169 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 innd on 9/10/2018.]
March 26, 2018	Filing 168 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 innd on 9/10/2018.]
March 14, 2018	Filing 167 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 innd on 9/10/2018.]
March 14, 2018	Filing 166 REPLY to Response to Motion re #163 MOTION For Suggestion of Remand filed by Ellen I. Gearon, Raymond D. Gearon. (Attachments: #1 Exhibit Exhibit A - Email)(House PHV, Aaron) [Transferred from innd on 9/10/2018.]
March 12, 2018	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) [Transferred from innd on 9/10/2018.]
March 7, 2018	Filing 164 RESPONSE to Motion re #163 MOTION For Suggestion of Remand filed by Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet U.S. Reconstruction LLC. (Hanig, Erin) [Transferred from innd on 9/10/2018.]
February 21, 2018	Filing 163 MOTION For Suggestion of Remand by Plaintiffs Ellen I. Gearon, Raymond D. Gearon. (House PHV, Aaron) [Transferred from innd on 9/10/2018.]
February 8, 2018	Filing 162 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 innd on 9/10/2018.]
February 1, 2018	Filing 161 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 innd on 9/10/2018.]
January 30, 2018	Filing 160 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 innd on 9/10/2018.]
January 25, 2018	Filing 159 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 innd on 9/10/2018.]
January 8, 2018	Filing 158 ORDER The Joint Motion to Amend Group 5 Case List 3491 is GRANTED, and the the pool of cases listed on Amended Exhibit A is SUBSTITUTED as Group 5 for case-specific discovery. Signed by Judge Robert L Miller, Jr on 1/8/18. Associated Cases: 3:12-md-02391-RLM-MGG et al (jld) [Transferred from innd on 9/10/2018.]
January 3, 2018	Filing 157 ORDER TO SHOW CAUSE: The Court AFFORDS the plaintiffs listed on Exhibit A 30 days from the date of this order to show cause why their individual case should not be dismissed with prejudice. Signed by Judge Robert L Miller, Jr on 1/3/2018. (Copy mailed to pro se parties) Associated Cases: 3:12-md-02391-RLM-MGG et al. (jld) [Transferred from innd on 9/10/2018.]
December 21, 2017	Filing 156 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 innd on 9/10/2018.]
December 18, 2017	Filing 155 ORDER ACTIVATING GROUP 5 DISCOVERY Identifies cases to be included in Group 5 for purposes of case-specific discovery and related deadlines. Completed and updated medical records authorizations to be provided to Biomet by 2/2/2018. Case-specific Discovery deadline is 9/14/2018.. Signed by Judge Robert L Miller, Jr on 12/18/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 9/10/2018.]
December 18, 2017	Filing 154 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 innd on 9/10/2018.]
December 12, 2017	Filing 153 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 innd on 9/10/2018.]
October 23, 2017	Filing 152 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 innd on 9/10/2018.]
August 28, 2017	Filing 151 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 innd on 9/10/2018.]
August 18, 2017	Filing 150 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 innd on 9/10/2018.]
August 14, 2017	Filing 149 RESPONSE to Motion re (3388 in 3:12-md-02391-RLM-MGG) MOTION for Summary Judgment Related to the M2a Taper, M2a ReCap, and Metal-on-Polyethylene Devices AFFIDAVIT IN OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT filed by Ellen I. Gearon, Raymond D. Gearon. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)Associated Cases: 3:12-md-02391-RLM-MGG, 3:14-cv-02099-RLM-MGG(House PHV, Aaron) [Transferred from innd on 9/10/2018.]
August 14, 2017	Filing 148 RESPONSE to Motion re (3388 in 3:12-md-02391-RLM-MGG) MOTION for Summary Judgment Related to the M2a Taper, M2a ReCap, and Metal-on-Polyethylene Devices Plaintiffs' Memorandum of Law in Opposition to Defendants Motion for Summary Judgment filed by Ellen I. Gearon, Raymond D. Gearon. Associated Cases: 3:12-md-02391-RLM-MGG, 3:14-cv-02099-RLM-MGG(House PHV, Aaron) [Transferred from innd on 9/10/2018.]
July 14, 2017	Filing 147 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 innd on 9/10/2018.]
July 10, 2017	Filing 146 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 innd on 9/10/2018.]
June 15, 2017	Filing 145 ORDER GRANTING ( 3354 ) Motion for Extension of Time to File in case 3:12-md-02391-RLM-MGG. The defendants shall have to and including 7/31/2017 to file any motion directed at the admissibility of Dr. Kantor's testimony under Federal Rule of Evidence 702. Response due by 8/31/17 and Reply to be filed by 9/11/2017. Signed by Robert L Miller, Jr on 6/15/17. (Copy mailed to pro se party)Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 9/10/2018.]
June 3, 2017	Filing 144 CERTIFICATE OF SERVICE of First Set of Interrogatories and First Request for Production of Documents. (House PHV, Aaron) Modified on 6/5/2017 (jld). [Transferred from innd on 9/10/2018.]
April 28, 2017	Filing 143 MEMORANDUM AND ORDER FOR APRIL 24, 2017 PRO SE HEARING AND STATUS CONFERENCE Brenda Fulmer appeared for the plaintiffs; John Winter, John LaDue, and Erin Linder Hanig appeared for the defendants. Topics addressed included the pro se and Metal-on-Polyethylene (MoP) cases, active case count, status of discovery in Groups 3 and 4, and pending motions with actions taken in specific case as set forth in the Order. The next status conference is set for 7/13/2017 at 9:30 am (EDT). Signed by Judge Robert L Miller, Jr on 4/28/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 9/10/2018.]
April 28, 2017	Set Hearings: Status Conference set for 7/13/2017 09:30 AM in US District Court - South Bend before Judge Robert L Miller Jr. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 9/10/2018.]
April 24, 2017	Filing 142 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) [Transferred from innd on 9/10/2018.]
April 21, 2017	Filing 141 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the April 24, 2017 telephonic status conference at 1:30 p.m. (E.D.T.). Signed by Judge Robert L Miller, Jr on 4/21/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 9/10/2018.]
March 28, 2017	Filing 140 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) [Transferred from innd on 9/10/2018.]
March 23, 2017	Filing 139 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the March 28, 2017 telephonic status conference at 1:30 p.m. (E.D.T.). Signed by Judge Robert L Miller, Jr on 3/23/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 9/10/2018.]
February 28, 2017	Filing 138 CERTIFICATE OF SERVICE. (House PHV, Aaron) [Transferred from innd on 9/10/2018.]
February 23, 2017	Filing 137 ORDER On the courts own motion and without objection, the telephonic status conference currently set for February 27, 2017 is RESET for Tuesday, March 28, 2017, at 1:30 p.m. (E.D.T.). Signed by Judge Robert L Miller, Jr on 2/23/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 9/10/2018.]
January 18, 2017	Filing 136 CERTIFICATE OF SERVICE. (House PHV, Aaron) [Transferred from innd on 9/10/2018.]
January 1, 2017	Filing 135 NOTICE of Change of Address/Contact Information (House PHV, Aaron) [Transferred from innd on 9/10/2018.]
December 15, 2016	Filing 134 MEMORANDUM AND ORDER FOR DECEMBER 15, 2016 STATUS CONFERENCE Summary of topics discussed and action taken. Next status conference set for 2/27/2017 09:30 AM in US District Court - South Bend before Judge Robert L Miller Jr. Signed by Judge Robert L Miller, Jr on 12/15/16. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from innd on 9/10/2018.]
November 28, 2016	Filing 133 ORDER ACTIVATING GROUP 3 DISCOVERY The Court ACTIVATES the pool of cases listed on Exhibit A as Group 3 for case-specific discovery. Completed and updated medical records authorizations to be provided to Biomet by 2/28/2017. Parties may engage in case-specific discovery for Group 3 cases until 8/25/2017 as set forth in the Order. Signed by Judge Robert L Miller, Jr on 11/28/16. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 9/10/2018.]
November 28, 2016	Filing 132 MEMORANDUM AND ORDER FOR NOVEMBER 7, 2016 STATUS CONFERENCE Summary of topics discussed. Parties to submit proposed scheduling order re: Group 3 by Nov 11. Next status conference set for December 15, 2016 at 9:00 a.m. (E.S.T.). Signed by Judge Robert L Miller, Jr on 11/28/16. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 9/10/2018.]
November 28, 2016	Filing 131 NOTICE of Change of Address/Contact Information Associated Cases: 3:12-md-02391-RLM-MGG et al.(Hanig, Erin) [Transferred from innd on 9/10/2018.]
November 15, 2016	Filing 130 ORDER RE: GROUP 3, MANAGEMENT OF PRO SE CASES, AND STATE COURT COORDINATION I OVERRULE the objection to including the Gearon case in Group 3; GRANT the motion (DE 121 in 3:15cv13) to include the Zamora case in Group 3; DECLINE to order inclusion of the ten year cases in Group 3; and propose to issue a modified Lone Pine order and letter to state judges. If no suggestions for improvement are received by November 23, I will issue the Lone Pine order and direct the letters to be sent. Signed by Judge Robert L Miller, Jr on 11/15/16. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 9/10/2018.]
November 7, 2016	Filing 129 MOTION hearing held on 11/7/2016 before Judge Robert L Miller, Jr. Plaintiff appears by A. House and N. Ward. Defendants appear by J. Winter. The Court hears from parties re: #120 Motion to Dismiss. The Motion for Voluntary Dismissal is DENIED WITHOUT PREJUDICE. (Court Reporter D. Bonk.) (jld) [Transferred from innd on 9/10/2018.]
November 7, 2016	Filing 128 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) [Transferred from innd on 9/10/2018.]
October 28, 2016	Filing 127 ORDER : GRANTING 3225 PSCII's unopposed Motion to Appoint a Second Escrow Agent and Fee Committee. Signed by Judge Robert L Miller, Jr on 10/28/16. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 9/10/2018.]
October 25, 2016	Filing 126 NOTICE by Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet U.S. Reconstruction, LLC re #125 Objection Response to Plaintiffs' Objection to Inclusion on Proposed Group 3 Case List (Hanig, Erin) [Transferred from innd on 9/10/2018.]
October 17, 2016	Filing 125 OBJECTION by Ellen I. Gearon, Raymond D. Gearon TO JOINT PROPOSED GROUP 3 CASE LIST. (House PHV, Aaron) [Transferred from innd on 9/10/2018.]
October 6, 2016	Filing 124 ORDER The Plaintiffs' Steering Committee and Biomet are invited to provide a brief explanation for its recommendation regarding the cases to be included in Group 3. The ruling on the joint request to activate Group 3 is DEFERRED until 10/28/2016. Signed by Judge Robert L Miller, Jr on 10/6/16. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 9/10/2018.]
October 6, 2016	Filing 123 ORDER The court will DEFER ruling on the Plaintiffs Steering Committee's Motion to Appoint a Second Escrow Agent and Fee Committee ( 3225 in 3:12md2391) until 10/27/2016 to afford the individual plaintiffs time to respond or object to the motion. Signed by Judge Robert L Miller, Jr on 10/6/2016. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 9/10/2018.]
October 6, 2016	Filing 122 ORDER: A Telephonic hearing has been set for 11/7/2016 at 1:00 PM (EST) on the plaintiffs' #120 MOTION to Dismiss. Lead counsel in 3:12cv2391 are invited to participate. Court will initiate the call. Signed by Judge Robert L Miller, Jr on 10/6/2016. (jld) (cc: Ward, Fulmer) [Transferred from innd on 9/10/2018.]
October 3, 2016	Filing 121 RESPONSE to Motion re #120 MOTION to Dismiss Without Prejudice filed by Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet U.S. Reconstruction, LLC. (Hanig, Erin) [Transferred from innd on 9/10/2018.]
September 16, 2016	Filing 120 MOTION to Dismiss Without Prejudice by Plaintiff Ellen I. Gearon. (House PHV, Aaron) [Transferred from innd on 9/10/2018.]
September 14, 2016	Magistrate Judge Michael G Gotsch, Sr added. Magistrate Judge Christopher A Nuechterlein no longer assigned to case. (dk) [Transferred from innd on 9/10/2018.]
August 31, 2016	Filing 119 ORDER Plaintiffs' Steering Committee to submit proposed order re: appointment of Escrow Agent by Sep 23, 2016. Signed by Judge Robert L Miller, Jr on 8/31/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
August 31, 2016	Filing 118 ORDER Parties shall have until Sep 23, 2016 to confer, identify for the court which, if any, of the cases listed in Exhibit A should be designated as active and unsettled, and submit a proposal regarding disposition of the remaining cases. Signed by Judge Robert L Miller, Jr on 8/31/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
August 31, 2016	Filing 117 MEMORANDUM AND ORDER FOR AUGUST 29, 2016 STATUS CONFERENCE Summary of topics discussed. Parties to submit proposed list of cases to be included in Group 3 for case-specific discovery purposes. PSCII to submit alternative to Lone Pine order in pro se cases within 30 days; Biomet's response due 30 days after receipt. Parties to confer and submit proposed second show cause order. Ruling on Biomet's request to issue state court coordination letter 3172 deferred. Next status conference set for November 7, 2016 at 1:30 p.m. (E.S.T.). Signed by Judge Robert L Miller, Jr on 8/31/2016. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
August 29, 2016	Filing 116 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) [Transferred from innd on 9/10/2018.]
August 25, 2016	Filing 115 ORDER CONCERNING REMOTE ATTENDANCE AT 8/29/16 STATUS CONFERENCE Call-in information for August 29, 2016 hearing at 11:00 a.m. (EDT). Signed by Judge Robert L Miller, Jr on 8/25/2016. Associated Cases: 3:12-md-02391-RLM-CAN et al.(lns) [Transferred from innd on 9/10/2018.]
August 17, 2016	Filing 114 ORDER: The court VACATES the referral to Magistrate Judge Nuechterlein, and REFERS this matter to Magistrate Judge Michael Gotsch to determine any pretrial matters and to conduct such proceedings as are required, and, when appropriate, to enter into the record proposed findings of fact and recommendations for the disposition of this case, pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Local Rule 72-1. Signed by Judge Robert L Miller, Jr on 8/17/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
August 10, 2016	Filing 113 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) [Transferred from innd on 9/10/2018.]
August 4, 2016	Filing 112 ORDER CONCERNING REMOTE ATTENDANCE AT 8/10/16 DISCOVERY HEARING Call-in information for August 10, 2016 hearing at 1:30 p.m. (E.D.T.).. Signed by Judge Robert L Miller, Jr on 8/4/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
July 28, 2016	Filing 111 ORDER On the court's own motion, the telephonic status conference on 8/29/2016 is RESET for 11:00 AM (EDT) This is a time change only. Signed by Judge Robert L Miller, Jr on 7/28/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
July 28, 2016	Filing 110 ORDER The parties have advised the court that there are no disputed issues regarding discovery. Accordingly the July 28, 2016 telephonic hearing is VACATED. Signed by Judge Robert L Miller, Jr on 7/28/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
July 26, 2016	Filing 109 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) [Transferred from innd on 9/10/2018.]
July 18, 2016	Filing 108 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) [Transferred from innd on 9/10/2018.]
July 14, 2016	Filing 107 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) [Transferred from innd on 9/10/2018.]
July 7, 2016	Filing 106 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for July 14, 2016 status conference at 1:30 PM (EDT). Signed by Judge Robert L Miller, Jr on 7/7/2016. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
July 5, 2016	Filing 105 ORDER The court invites PSC-II to respond to Biomet's 3172 motion and proposed letter within 21 days of the date of this order. Signed by Judge Robert L Miller, Jr on 7/5/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
July 5, 2016	Filing 104 NOTICE of Change of Address/Contact Information For Counsel (House PHV, Aaron) [Transferred from innd on 9/10/2018.]
June 24, 2016	Filing 103 ORDER Neither party has identified a discovery-related issue requiring a hearing. Accordingly the hearing previously set for 6/27/2016 is VACATED. Signed by Judge Robert L Miller, Jr on 6/24/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
June 10, 2016	Filing 102 MEMORANDUM AND ORDER RE: JUNE 6, 2016 TELEPHONIC STATUS CONFERENCE: Summary of topics discussed. By agreement of the parties, the May 31, 2016 order identifying the cases in Group 2 [Doc. No. 3150] is amended (revised list attached). Hearing on any discovery-related issues tentatively set for June 27, 2016 at 1:30 (will be vacated unless the parties notify the court by June 23 that the hearing is necessary and what the issues will be). Next telephonic status conference set for July 14, 2016 at 1:30 p.m. (E.D.T.). Signed by Judge Robert L Miller, Jr on 6/10/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
June 6, 2016	Filing 101 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) [Transferred from innd on 9/10/2018.]
June 3, 2016	Filing 100 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE: Call-in information for June 6, 2016 status conference at 1:30 p.m. (E.D.T.). Signed by Judge Robert L Miller, Jr on 6/3/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
May 26, 2016	Filing 99 ORDER TO SHOW CAUSE The Court AFFORDS the plaintiffs listed on Exhibit A 30 days from the date of this order to show cause why their individual case should not be dismissed with prejudice. Signed by Judge Robert L Miller, Jr on 5/26/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
May 19, 2016	Filing 98 ORDER By agreement of the parties, the May 23, 2016 telephonic hearing on discovery related issues is VACATED as unnecessary. Signed by Judge Robert L Miller, Jr on 5/19/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
May 11, 2016	Filing 97 ORDER: By agreement of the parties the 5/12/2016 hearing on discovery related issues is VACATED as unnecessary. Signed by Judge Robert L Miller, Jr on 5/11/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
April 26, 2016	Filing 95 MEMORANDUM OF APRIL 25, 2016 TELEPHONIC STATUS CONFERENCE Summary of topics discussed. Defendants to submit proposed order re: dismissal of remaining settled/funded cases. Telephonic hearings set for May 12, 2016 at 9:00 am (EDT) and May 23, 2016 at 1:00 pm (EDT) to address discovery related issues, if needed. Next status conference set for June 6, 2016 at 1:30 pm (EDT). Signed by Judge Robert L Miller, Jr on 4/26/2016. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
April 25, 2016	Filing 96 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) [Transferred from innd on 9/10/2018.]
April 14, 2016	Filing 94 NOTICE REGARDING FUTURE FILINGS To ensure notice is provided to all parties, the court's orders regarding deadlines and events applicable to every case associated with MDL 2391 will be filed in all member cases as well as in 3:12md2391. Filings made by the parties in 3:12md2391 will be available on the court's Case Management/Electronic Case Filing (CM/ECF) system or in the Clerk's Office, but will not be spread to individual cases unless a request is made and approved. Signed by Judge Robert L Miller, Jr on 8/14/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
April 13, 2016	Motion Terminated (3117) Motion to Withdraw as Attorney. Associated Cases: 3:12-md-02391-RLM-CAN et al.(ksc) [Transferred from innd on 9/10/2018.]
April 13, 2016	Filing 93 ORDER GRANTING (3117) Motion to Withdraw as Attorney. Attorney Jenya M Moshkovich PHV terminated in case 3:12-md-02391-RLM-CAN. Signed by Judge Robert L Miller, Jr on 4/13/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
April 12, 2016	Filing 92 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) [Transferred from innd on 9/10/2018.]
April 7, 2016	Filing 91 ORDER Based on counsels representation that the parties have reached an agreement regarding the discovery disputes addressed in the courts March 28 memorandum, the hearing scheduled for April 26, 2016 at 9:30 a.m. is VACATED. Signed by Judge Robert L Miller, Jr on 4/7/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
April 4, 2016	HEARING RESET: By agreement of the parties, the hearing previously set for 4/14/16 is RESET to 4/26/2016 at 9:30 AM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) Modified on 4/5/2016 (jld). [Transferred from innd on 9/10/2018.]
March 31, 2016	Filing 90 ORDER For all future discovery-related telephonic status conferences the court orders: 1) Parties shall notify the court in writing at least 48 hours in advance of the scheduled conference whether a conference is necessary and if so, the issues to be addressed; and 2) parties shall be responsible for notify its side's attorneys about the conference and arranging the telephonic participation of those attorneys. Signed by Judge Robert L Miller, Jr on 3/31/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
March 31, 2016	Filing 89 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) [Transferred from innd on 9/10/2018.]
March 16, 2016	Filing 88 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) [Transferred from innd on 9/10/2018.]
March 14, 2016	Filing 87 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). [Transferred from innd on 9/10/2018.]
March 8, 2016	Filing 86 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE: Call in information for March 14, 2016 status conference at 2:00 PM (EST). Signed by Judge Robert L Miller, Jr on 3/8/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
March 7, 2016	3087 Motion for Discovery terminated in case 3:12-md-2391-RLM-CAN. Associated Cases: 3:12-md-02391-RLM-CAN et al.(ksc) [Transferred from innd on 9/10/2018.]
March 7, 2016	3087 Motion for Discovery terminated in case 3:12-md-02391-RLM-CAN Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
March 7, 2016	Filing 85 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) [Transferred from innd on 9/10/2018.]
March 3, 2016	Filing 84 ORDER The court GRANTS the unopposed motion to remove plaintiff Henry Cook from Group I Class [docket # 92 in 3:15cv77] and DENIES as moot his earlier motion [docket # 88] seeking the same relief.. Signed by Judge Robert L Miller, Jr on 3/3/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
March 2, 2016	Filing 83 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) [Transferred from innd on 9/10/2018.]
February 29, 2016	Filing 82 ORDER At the request of the parties, the March 14, 2016 status conference is converted from a telephonic to a live conference, with lead counsel for both sides to appear in person.. Signed by Judge Robert L Miller, Jr on 2/29/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from innd on 9/10/2018.]
February 29, 2016	Filing 81 ORDER RE: PROCEDURE GOVERNING DISCOVERY FOR IN EXTREMIS PLAINTIFFS. Signed by Judge Robert L Miller, Jr on 2/29/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from innd on 9/10/2018.]
February 29, 2016	Filing 80 ORDER : Pursuant to the December 21, 2015 scheduling order, the listed cases are included in Group 1 for purposes of case-specific discovery. Signed by Judge Robert L Miller, Jr on 2/29/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
February 24, 2016	Filing 79 ORDER To prepare for the March 14 status conference, parties to provide a copy of the original interrogatories and requests for production that were served on the defendants in 2013 and the defendants' responses to those interrogatories and production requests by 3/4/2016. Signed by Judge Robert L Miller, Jr on 2/24/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
February 17, 2016	Filing 78 ORDER At the request of the parties, the court heard arguments regarding the scope of depositions to be conducted in the statute of limitations and spoliation cases (see Exhibits A and B to the December 21, 2015 scheduling order) and the number of cases listed on Exhibit B. For the reasons stated, the parties were directed to conduct a single, full deposition of the plaintiffs identified in Exhibits A and B, unless the court rules to the contrary in a given case. The court deferred ruling on PSC II's request to remove cases from Exhibit B, until briefing on the anticipated summary judgment motions is completed. Signed by Judge Robert L Miller, Jr on 2/17/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
February 17, 2016	Filing 77 ORDER Biomet to submit a list of the cases that remain active as of 2/1/2016 to help identify which of those cases are to be included in Group 1 for discovery purposes by 2/28/2016. Signed by Judge Robert L Miller, Jr on 2/17/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
February 16, 2016	Filing 76 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) [Transferred from innd on 9/10/2018.]
February 16, 2016	Filing 75 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) [Transferred from innd on 9/10/2018.]
February 16, 2016	Filing 74 ORDER Pursuant to paragraphs 7 & 9 of the December 21 scheduling order 3047 , two pools consisting of the oldest cases on the MDL docket and any in extremis cases identified by PSC II or Biomet and approved by the court (Groups 1 & 2) will be activated for case-specific discovery beginning 2/29/2016 and 5/20/2016 respectively. Consistent with that order, the PSC II and Biomet are DIRECTED to confer and, if possible, agree upon the procedures to be followed with respect to any in extremis cases, and to submit their proposal for the court's approval on or before 2/29/2016. Signed by Judge Robert L Miller, Jr on 2/16/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
February 1, 2016	Filing 73 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)[Transferred from innd on 9/10/2018.]
January 28, 2016	Filing 72 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) [Transferred from innd on 9/10/2018.]
January 26, 2016	Filing 71 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for January 28, 2016 status conference at 1:30 p.m. (E.S.T.).. Signed by Judge Robert L Miller, Jr on 1/26/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
December 23, 2015	Filing 70 ORDER: PSC I's request for reimbursement ( 3027 in 3:12md2391) is GRANTED, and Garretson Resolution Group is ORDERED to reimburse PSC I the $25,000.00 it withheld from the Common Benefit Expense Account. Signed by Judge Robert L Miller, Jr on 12/23/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
December 21, 2015	Filing 69 SCHEDULING ORDER: Order setting discovery and dispositive deadlines. See order for specific deadlines. Signed by Judge Robert L Miller, Jr on 12/21/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
December 17, 2015	Filing 68 ORDER So the court can issue its scheduling order, parties requested to submit Exhibits A and B that are to be referenced in the scheduling order. Signed by Judge Robert L Miller, Jr on 12/17/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
December 9, 2015	Filing 67 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) [Transferred from innd on 9/10/2018.]
December 7, 2015	Filing 66 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) [Transferred from innd on 9/10/2018.]
December 7, 2015	Filing 65 AMENDED HOLDBACK ORDER RE: COMMON BENEFIT FEES AND COSTS: Order granting PSC II's Amended Motion and Proposed Holdback Order Re: Common Benefit Fees and Costs ( 3000 and 3002 ). Any cases that are resolved after Monday, December 7, 2015 shall be subject to a provisional six percent holdback. 3020 .. Signed by Judge Robert L Miller, Jr on 12/7/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
December 3, 2015	Filing 64 ORDER: Without objection and in accordance with the court's order of 6/23/2015, the 2990 and 2991 Motions for Payment of Compensation to the Garretson Resolution Group Inc from the Biomet MDL Common Benefit Cost Fund in the amount of $18,500.00 are GRANTED. Signed by Judge Robert L Miller, Jr on 12/3/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from innd on 9/10/2018.]
December 1, 2015	Filing 63 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE: Call in information for the status conference set 12/7/2015 at 1:30 PM (EDT). Signed by Judge Robert L Miller, Jr on 12/1/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
December 1, 2015	Filing 62 HOLDBACK ORDER RE: COMMON BENEFIT FEES AND COSTS: GRANTING (3002) Amended Motion re Holdback Order re Common Benefit Fees and Costs. Cases that do not have a Notice of Settlement filed into the individual case's docket on or before Monday November 30, 2015 shall be subject to a provisional 6% holdback; the Holdback Order does not apply to any cases involving pro se plaintiffs, which will be addressed on an individual case-by-case basis; the Holdback Order is provisional in nature. Plaintiffs' Liaison Counsel shall send a copy of the Holdback Order to the attorneys of record in the pending state court actions that PSC II is aware of. Signed by Judge Robert L Miller, Jr on 12/1/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from innd on 9/10/2018.]
November 24, 2015	Filing 61 ORDER: Motion 2963 is WITHDRAWN and has been superseded by Amended Motion and Proposed Holdback Order Re: Common Benefit Fees and Costs 3000 in case 3:12-md-02391-RLM-CAN. Signed by Judge Robert L Miller, Jr on 11/24/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
November 24, 2015	Filing 60 AMENDED EXPLANT PRESERVATION ORDER : Amended directives relating to the preservation of Explanted M2a Devices, with Biomet Retrieval Analysis Protocol (Exh. A).. Signed by Judge Robert L Miller, Jr on 11/24/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
November 10, 2015	Filing 59 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) [Transferred from innd on 9/10/2018.]
October 15, 2015	Filing 58 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.) [Transferred from innd on 9/10/2018.]
October 8, 2015	Filing 57 ORDER . The Plaintiffs' Steering Committee's motion for interim common benefit fund order ( 2963 ), its brief in support ( 2973 ), and Biomet Defendants' response ( 2983 ) were filed on 9/17/15 and 10/1/15 respectively and notice was sent to all attorneys of record as were the parties' proposed scheduling orders ( 2974 & 2975 ). There's no indication the pro se litigants received these documents. The Clerk is DIRECTED to mail copies of these documents to all pro se plaintiffs in MDL 2391. Signed by Judge Robert L Miller, Jr on 10/8/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) (cc: Order and all listed documents to all pro se litigants) [Transferred from innd on 9/10/2018.]
October 8, 2015	Filing 56 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) [Transferred from innd on 9/10/2018.]
October 7, 2015	Filing 55 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) [Transferred from innd on 9/10/2018.]
October 6, 2015	Filing 54 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call in information for the status conference set 10/7/15 at 1:30 PM (EDT). Signed by Judge Robert L Miller, Jr on 10/6/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
September 9, 2015	Filing 53 ORDER : By agreement of the parties at the September 3, 2015 status conference, all Biomet corporate entities other than Biomet, Inc., Biomet Orthopedics, LLC,Biomet Manufacturing, LLC, and Biomet U.S. Reconstruction, LLC areDISMISSED without prejudice from each of the member cases in MDL-2391,without costs to any party. Signed by Judge Robert L Miller, Jr on 9/9/2015. Associated Cases: 3:12-md-02391-RLM-CAN et al.(dk) Modified on 10/15/2015 (jld). [Transferred from innd on 9/10/2018.]
September 8, 2015	Filing 52 MEMORANDUM OF SEPTEMBER 3, 2015 STATUS CONFERENCE : The court DIRECTED the Plaintiffs Steering Committee and Biomet defendants to submit proposed scheduling orders by 9/17/15, offering the 12/10/13 order 1118 as a possible template; DEFERRED ruling on the motion for an interim common benefit fund order 2963 , DIRECTED the Plaintiffs Steering Committee to submit a list of the settled cases that it believes should contribute to the common benefit fund by 9/17/15, GAVE the defendants to and including 10/1/15 to respond, and ADVISED that it could invite comments from plaintiffs counsel in the member cases following the parties submissions and before ruling on the motion; SET the next Status Conference set for 10/7/2015 01:30 PM in US District Court - South Bend before Judge Robert L Miller Jr. Signed by Judge Robert L Miller, Jr on 9/8/2015. Associated Cases: 3:12-md-02391-RLM-CAN et al. (dk) [Transferred from innd on 9/10/2018.]
September 3, 2015	Filing 51 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) [Transferred from innd on 9/10/2018.]
September 1, 2015	Filing 50 ORDER CONCERNING REMOTE ATTENDANCE AT CASE MANAGEMENT CONFERENCE: Call in information for September 3, 2015 telephonic status conference.. Signed by Judge Robert L Miller, Jr on 9/1/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from innd on 9/10/2018.]
August 26, 2015	Filing 49 ORDER: Without objection, PSC I's Motion for Payment of Common Benefit Attorneys' Fees and Expenses 2945 & 2947 is GRANTED. Signed by Judge Robert L Miller, Jr on 8/26/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from innd on 9/10/2018.]
August 7, 2015	Filing 48 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. [Transferred from innd on 9/10/2018.]
July 28, 2015	Filing 47 ORDER: A Status Conference is scheduled for 9/3/15 at 1:30 PM (EDT), in South Bend, Indiana. Lead counsel for parties directed to file a brief joint status report by 8/27/15. Plaintiffs' Liaison Counsel shall arrange a conference call to provide remote access to the conference to all plaintiffs' attorneys and shall submit a proposed order by 8/27/15 setting for the call-in information and related restrictions. Signed by Judge Robert L Miller, Jr on 7/28/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from innd on 9/10/2018.]
July 14, 2015	Filing 46 ORDER: GRANTING 2927 Motion to Substitute Attorney The appointment of Lawrence Jones to the Plaintiffs' Steering Committee is terminated and attorney Jasper Ward IV of Jones Ward PLC is appointed to serve in his stead. Signed by Judge Robert L Miller, Jr on 7/14/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from innd on 9/10/2018.]
July 6, 2015	Motion termed: (2923) Motion to Amend/Correct in case 3:12-md-02391-RLM-CAN. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
June 30, 2015	Filing 45 ORDER: GRANTING (2923) Motion to Modify Case Management Order No. 3 to the extent it seeks the appointment of an Executive Committee for PSC II and the termination of John Fiske's appointment to the Steering Committee and DENYING the motion in all other respects. Navan Ward, Brenda Fulmer, Justin Presnal, and Ahmed Diab are appointed to serve as members of the Plaintiffs' Executive Committee, with Mr. Diab also serving as Plaintiffs' Liaison Counsel; Mr. Fiske's appointment to the Plaintiffs' Steering Committee is terminated. Signed by Judge Robert L Miller, Jr on 6/30/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) Modified on 7/2/2015 (jld). [Transferred from innd on 9/10/2018.]
June 25, 2015	Filing 44 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) [Transferred from innd on 9/10/2018.]
June 24, 2015	Motion terminated per 2925 Order. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
June 24, 2015	Filing 43 ORDER : Jessica Larbes, C.P.A., shall establish the Biomet Common Benefit MDL Assessment Fund and shall serve as the Escrow Agent for the Fund; Thomas Anapol, Mark Lanier, Robert Dassow, Michelle Kranz and Justin Presnal are appointed as the attorney Fee Committee members; Sylvius von Saucken is appointed as the non-attorney compliance Fee Committee member. Signed by Judge Robert L Miller, Jr on 6/23/2015. Associated Cases: 3:12-md-02391-RLM-CAN et al. (dk) Modified on 7/2/2015 (jld). [Transferred from innd on 9/10/2018.]
June 22, 2015	Motions terminated pursuant to 2924 Order. Associated Cases: 3:12-md-02391-RLM-CAN et al.(ksc) [Transferred from innd on 9/10/2018.]
June 22, 2015	Filing 42 ORDER GRANTING 2917 Motion to Withdraw attorney Altom Maglio as Attorney on Plaintiff's Steering Committee II in case 3:12-md-02391-RLM-CAN. Signed by Judge Robert L Miller, Jr on 6/18/2015. Associated Cases: 3:12-md-02391-RLM-CAN et al. (dk)[Transferred from innd on 9/10/2018.]
June 15, 2015	Filing 41 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). [Transferred from innd on 9/10/2018.]
June 4, 2015	Filing 40 AMENDED MOTION Appoint Escrow Agent and Fee Committee by Plaintiffs' Liaison Counsel. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from innd on 9/10/2018.]
June 4, 2015	Filing 38 ORDER Order clarifying the 5/28/15 2914 Order. Signed by Judge Robert L Miller, Jr on 6/4/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from innd on 9/10/2018.]
June 2, 2015	Filing 39 APPLICATION for WITHDRAWAL of Altom M. Maglio from Plaintiffs' Steering Committee. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from innd on 9/10/2018.]
May 28, 2015	Motions Terminated: Motion to Appoint Escrow Agent and Fee Committee termed per Order 2914 in 3:12md2391. [Transferred from innd on 9/10/2018.]
May 28, 2015	Filing 37 ORDER REGARDING APPOINTMENT OF ESCROW AGENT AND FEE COMMITTEE: The Court declines to enter the proposed order on 2878 motion to appoint an escrow agent and a fee committee. PSC I shall have three weeks, to and including 6/19/15, to file an amended motion to appoint an escrow agent and fee committee. Signed by Judge Robert L Miller, Jr on 5/28/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from innd on 9/10/2018.]
May 27, 2015	Filing 36 CASE MANAGENENT ORDER NO. 3 : The court: (1) FINDS that Biomet's actions during settlement negotiations and mediation were permissible under the Master Settlement Agreement and did not constitute bad faith; (2) DENIES attorney Gregg Borri's request for discovery (Doc. Nos. 2887 and 2889 ); (3) GRANTS the motion to substitute Justin Presnal as a member of the Plaintiffs Steering Committee in lieu of Wayne Fisher (Doc. No. 2895 ); (4) GRANTS the motion to terminate the existing Plaintiffs Steering Committee, effective June 1, 2015 (Doc. No. 2890 ) ; (5) APPOINTS the following attorneys to the new Plaintiffs Steering Committee (PSC II), effective June 1, 2015--Brenda Fulmer (Co-Lead Counsel), Navan Ward (Co-Lead Counsel), J. Kyle Bachus, Ahmed Diab, John Fiske, Lawrence Jones, William Jordan, Altom Maglio, Amber Pang Parra, and Justin Presnal; (6) DIRECTS attorneys Ahmed Diab and John Fiske to inform the court, PSC II, and Biomet's Lead Counsel by June 15, 2015 which of them will serve as Plaintiffs' Liaison Counsel; (7) DIRECTS the current Plaintiffs Steering Committee (PSC I) and Biomet to provide PSC II with copies of Plaintiff Fact Sheets in all cases remaining after settlement; (8) DECLINES to enter a census order or Lone Pine order at this time; and (9) invites PSC II to submit a new proposed common benefit fund order by September 1, 2015. Signed by Judge Robert L Miller, Jr on 5/27/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from innd on 9/10/2018.]
May 21, 2015	Filing 35 MEMORANDUM OF May 18, 2015 STATUS CONFERENCE: The parties addressed concerns relating to the mediation process, status of discovery, and various issues facing the plaintiffs' organizational structure following settlement, including future funding and the composition of the PSC. The court took the matters and pending motions to appoint an escrow agent and fee committee, to terminate the current PSC, and to substitute attorney Justin Presnal for Wayne Fisher on the PSC under advisement. The next status conference will be set by separate order at a later date.. Signed by Judge Robert L Miller, Jr on 5/21/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from innd on 9/10/2018.]
May 18, 2015	Filing 34 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) [Transferred from innd on 9/10/2018.]
May 15, 2015	Filing 33 Letter dated 5/14/15 from Terrence Smith re: 2874 . Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from innd on 9/10/2018.]
May 14, 2015	Filing 32 Letter from Erin Linder Hanig re: remaining cases and attorneys. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from innd on 9/10/2018.]
May 14, 2015	Filing 31 ORDER CONCERNING REMOTE ATTENDANCE AT CASE MANAGEMENT CONFERENCE: Call-in information for May 18, 2015 Status Conference.. Signed by Judge Robert L Miller, Jr on 5/14/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from innd on 9/10/2018.]
May 12, 2015	Filing 29 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) [Transferred from innd on 9/10/2018.]
May 12, 2015	Filing 28 ORDER The Clerk is DIRECTED to file the Plaintiffs' Steering Committee's Motion to Appoint Escrow Agent and Fee Committee (Doc. No. 2878 in 3:12md2391) in each of the individual member cases. The Court will defer ruling on the motion for two weeks. Signed by Judge Robert L Miller, Jr on 5/12/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from innd on 9/10/2018.]
May 11, 2015	Filing 30 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) [Transferred from innd on 9/10/2018.]
May 6, 2015	Filing 27 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) [Transferred from innd on 9/10/2018.]
May 5, 2015	Filing 26 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) [Transferred from innd on 9/10/2018.]
May 4, 2015	Filing 25 ORDER: At the request of the parties, Status Conference previously set for 5/21/2015 is RESET to 5/18/2015 09:30 AM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Signed by Judge Robert L Miller, Jr on 5/4/2015. Associated Cases: 3:12-md-02391-RLM-CAN et al.(dk) [Transferred from innd on 9/10/2018.]
May 1, 2015	Filing 24 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) [Transferred from innd on 9/10/2018.]
April 30, 2015	Filing 23 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) [Transferred from innd on 9/10/2018.]
April 28, 2015	Filing 20 ORDER: In light of the Master Settlement Agreement many of the attorneys now on the Plaintiffs Steering Committee will soon have no remaining constituent cases in this MDL. Plaintiffs Steering Committee members who will be without cases are invited to request termination of their PSC appointment by 5/15/15. The court has also received a letter from attorney Gregg Borri who represents the plaintiff in case 3:12cv614, regarding Biomet's approach in carrying out the Master Settlement Agreement. The court also received a responsive letter from Plaintiffs Co-Lead Counsel Thomas R Anapol offering the perspective of the leadership of the Steering Committee. Both letters (as well as any response from Biomet) are directed to be entered on the master docket. The issues Mr. Borri raises will be placed on the agenda for the 5/21/15 status conference. Mr. Borri is invited to attend that conference in person.. Signed by Judge Robert L Miller, Jr on 4/28/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from innd on 9/10/2018.]
April 27, 2015	Filing 22 Letter from Thomas R Anapol in response to 2874 Letter from Gregg Borri Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from innd on 9/10/2018.]
April 27, 2015	Filing 21 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) [Transferred from innd on 9/10/2018.]
April 22, 2015	Filing 19 MEMORANDUM OF APRIL 21, 2015 STATUS CONFERENCE Although applications for a new Plaintiffs Steering Committee (PSC) were solicited, no applications were received. Given the number of cases remaining after the settlement process concludes, a new PSC is needed. Counsel for defendants to submit a list of all remaining cases and the attorneys of record in those cases. The court will select a new PSC from that list, and will enter a revised scheduling order and a new Common Benefit Fund order upon appointment of the new PSC. Next status conference set for May 21, 2015 at 9:30 a.m. (E.D.T.). Signed by Judge Robert L Miller, Jr on 4/22/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from innd on 9/10/2018.]
April 21, 2015	Filing 18 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) [Transferred from innd on 9/10/2018.]
April 16, 2015	Filing 17 ORDER CONCERNING REMOTE ATTENDANCE AT CASE MANAGEMENT CONFERENCE : Call in information for the April 21, 2015 telephonic case management conference. Signed by Judge Robert L Miller, Jr on 4/16/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from innd on 9/10/2018.]
March 18, 2015	Filing 16 MEMORANDUM OF MARCH 16, 2015 STATUS CONFERENCE: The court deferred ruling on the request for early termination of the Plaintiffs' Steering Committee (PSC) appointments; entered an order inviting new applications for the PSC (application deadline is April 17, 2015); and directed the parties to file an updated status report regarding discovery and the Common Benefit Fund. The 2013 scheduling order 1118 will be reinstated beginning 45 days after appointment of a new PSC, with dates to be adjusted to fit the pre-existing time limits. Next status conference set for April 21, 2015 at 9:30 a.m. (E.D.T.) in South Bend before Judge Robert L. Miller, Jr. Signed by Judge Robert L Miller, Jr on 3/18/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
March 17, 2015	Filing 15 ORDER RE: APPLICATIONS FOR PLAINTIFFS STEERING COMMITTEE The court defers ruling on the PSC's request for early termination, and will accept applications for all positions on the Plaintiffs' Steering Committee from now until April 17, 2015. Any objections thereto should be filed by May 1, 2015. Details regarding the application process are provided in the attached order. Signed by Judge Robert L Miller, Jr on 3/17/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
March 17, 2015	Filing 14 CERTIFICATE OF SERVICE. (House PHV, Aaron) [Transferred from innd on 9/10/2018.]
March 16, 2015	Filing 13 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) [Transferred from innd on 9/10/2018.]
March 12, 2015	Filing 12 ORDER CONCERNING REMOTE ATTENDANCE AT CASE MANAGEMENT CONFERENCE Call in information for March 16, 2015 telephonic case management conference. Signed by Judge Robert L Miller, Jr on 3/12/14. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
February 27, 2015	Filing 11 ANSWER to #6 Amended Complaint by Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet U.S. Reconstruction, LLC.(Hanig, Erin) [Transferred from innd on 9/10/2018.]
February 2, 2015	Set Hearings: Status Conference set for 3/16/2015 at 9:30 AM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
January 30, 2015	Filing 10 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) [Transferred from innd on 9/10/2018.]
January 28, 2015	Filing 9 ORDER CONCERNING REMOTE ATTENDANCE AT CASE MANAGEMENT CONFERENCE Call in information for January 30, 3015 telephonic status conference. Signed by Judge Robert L Miller, Jr on 1/28/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from innd on 9/10/2018.]
January 28, 2015	Filing 8 WAIVER OF SERVICE Returned Executed by Ellen I. Gearon, Raymond D. Gearon. All Defendants. (House PHV, Aaron) [Transferred from innd on 9/10/2018.]
January 22, 2015	Filing 7 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) [Transferred from innd on 9/10/2018.]
January 8, 2015	Filing 6 AMENDED COMPLAINT against All Defendants, filed by Ellen I. Gearon, Raymond D. Gearon.(House PHV, Aaron) [Transferred from innd on 9/10/2018.]
January 5, 2015	Filing 5 ORDER: The court affords the plaintiffs twenty days from the date of this order within which to file an amended complaint alleging the existence of diversity jurisdiction under 28 U.S.C. 1332. Signed by Judge Robert L Miller, Jr on 1/5/2015. (dk) [Transferred from innd on 9/10/2018.]
January 2, 2015	Filing 4 NOTICE of Appearance by Erin Linder Hanig on behalf of Biomet Inc, Biomet Manufacturing Corp, Biomet Orthopedics LLC, Biomet U.S. Reconstruction, LLC (Hanig, Erin) [Transferred from innd on 9/10/2018.]
January 2, 2015	Filing 3 NOTICE of Appearance by John David LaDue on behalf of Biomet Inc, Biomet Manufacturing Corp, Biomet Orthopedics LLC, Biomet U.S. Reconstruction, LLC (LaDue, John) [Transferred from innd on 9/10/2018.]
December 31, 2014	Filing 2 NOTICE by Ellen I. Gearon, Raymond D. Gearon (House PHV, Aaron) [Transferred from innd on 9/10/2018.]
December 31, 2014	Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 receipt number 0755-2529244.), filed by Ellen I. Gearon, Raymond D. Gearon. (Attachments: #1 Civil Cover Sheet)(House PHV, Aaron) [Transferred from innd on 9/10/2018.]
December 31, 2014	Judge Robert L Miller, Jr and Magistrate Judge Christopher A Nuechterlein added. (NEW CASE) (jld) [Transferred from innd on 9/10/2018.]

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Search for this case: Gearon et al v. Biomet Inc et al
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Defendant: Biomet Manufacturing, LLC
Represented By:	Erin Linder Hanig
Represented By:	M Elizabeth Dyer Kellett
Represented By:	Meg L. Fowler
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Defendant: Biomet Manufacturing Corp.
Represented By:	John D LaDue
Represented By:	Erin Linder Hanig
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Defendant: Biomet U.S. Reconstruction, LLC
Represented By:	John D LaDue
Represented By:	Erin Linder Hanig
Represented By:	M Elizabeth Dyer Kellett
Represented By:	Meg L. Fowler
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Defendant: Biomet Inc
Represented By:	John D LaDue
Represented By:	Erin Linder Hanig
Represented By:	M Elizabeth Dyer Kellett
Represented By:	Meg L. Fowler
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Defendant: Biomet Orthopedics, LLC
Represented By:	John D LaDue
Represented By:	Erin Linder Hanig
Represented By:	M Elizabeth Dyer Kellett
Represented By:	Meg L. Fowler
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Defendant: Biomet Manufacturing LLC f/k/a Biomet Manufacturing Corp.
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Plaintiff: Ellen I. Gearon
Represented By:	Aaron M House PHV
Represented By:	Aaron Michael House
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Plaintiff: Raymond D. Gearon
Represented By:	Aaron M House PHV
Represented By:	Aaron Michael House
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