Chappell, Ph.D. et al v. Biomet, Inc. et al
| Jennifer Chappell and Andrew Chappell Ph.D. |
| Biomet, Inc., Biomet Manufacturing, LLC, Biomet U.S. Reconstruction, LLC, Alabama Medical Consultants, Inc., John Cuckler, MD, Zimmer Biomet Holdings, Inc., Biomet Orthopedics, LLC and John Cuckler |
| 4:2018cv00839 |
| October 24, 2018 |
| US District Court for the Western District of Missouri |
| Nanette K Laughrey |
| John T Maughmer |
| Tort Product Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 18, 2018. A more recent docket listing may be available from PACER.
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| Filing 32 SUGGESTIONS in opposition re #20 MOTION to dismiss for lack of jurisdiction filed by Brian S Franciskato on behalf of Plaintiffs Jennifer Chappell, Andrew Chappell Ph.D.. Reply suggestions due by 1/2/2019 unless otherwise directed by the court. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Related document(s) #20 ) (Franciskato, Brian) |
Filing 31
ORDER granting #9 motion to appear pro hac vice entered by Clerk of Court. Attorney Thomas J Joensen for defendants 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)
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| NOTICE of filing: Mediation and Assessment Program Reminder: Your post-mediation status report is due within 10 calendar days after the mediation. See MAP FAQs on Court's website for specifics and submit report(s) to: map@mow.uscourts.gov. (ADI, MAP) |
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Filing 30
ORDER by Judge Nanette K. Laughrey. The parties' joint motion (Doc. #28 ) to extend the time for Defendants to answer or otherwise respond to the complaint is GRANTED. Defendants' response to the complaint must be filed on or before December 24, 2018. This is a TEXT ONLY ENTRY. No document is attached. (Sreeprakash, Netra)
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| Filing 29 DESIGNATION OF MEDIATOR naming Faustin A. Pipal Jr.(Franciskato, Brian) |
| Filing 28 MOTION for extension of time filed by Meg L. Fowler on behalf of Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc., Zimmer Biomet Holdings, Inc.. Suggestions in opposition/response due by 12/26/2018 unless otherwise directed by the court. (Attachments: # 1 Exhibit Exhibit A - Proposed Order)(Fowler, Meg) Modified on 12/12/2018: The proposed order attached to the motion has been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in Word format. NEF regenerated. (Melvin, Greg) |
| Filing 27 RULES OF TRIAL. Signed on 12/7/18 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) |
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Filing 26
SCHEDULING ORDER: Discovery due by 8/7/2019. Dispositive Motions due by 8/28/2019. Pretrial Conference set for 1/9/2020 at 01:00 PM. Jury Trial set for 1/21/2020 at 09:00 PM. Signed on 12/7/18 by District Judge Nanette K. Laughrey. (Attachments: #1 Memo on PTC) (Matthes Mitra, Renea)
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Filing 25
ORDER granting #8 , #10 , #11 , & #12 motion to appear pro hac vice entered by Clerk of Court. Attorneys M Elizabeth Dyer Kellett, Stephanie A Koltookian, John Joseph Tanner and Michelle M Tessier for defendants 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)
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| Filing 24 MINUTE ENTRY. Teleconference held before the Hon. Nanette K. Laughrey on December 6, 2018, regarding the Joint Proposed Scheduling and Jury Trial Order, Doc. #21 . Mr. Franciskato explained that the parties proposed a lengthy schedule in this case because counsel on both sides have numerous jury trials scheduled in similar cases throughout the country. Although counsel for the plaintiff intends to take approximately five depositions specific to Plaintiff's claims, counsel for the defendants noted that, because this case was not in the multidistrict litigation, Defendants have taken no discovery from the plaintiff, and therefore they still intend to take a significant number of depositions. The Court will reduce the time requested in the joint proposed scheduling order to encourage the parties to be ready for trial within the time period ordinarily permitted by the Court. If the parties require additional time, they may move for extensions for good cause. Appearances: Plaintiffs by Brian Franciskato. Defendants by Stephanie Koltookian, Beth Kellett, and Joe Tanner. Court Reporter: None. Courtroom Deputy: Renea Matthes Mitra. (Text entry only) (Matthes Mitra, Renea) |
| Filing 23 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Meg L. Fowler on behalf of Defendants Alabama Medical Consultants, Inc., Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc., John Cuckler, Zimmer Biomet Holdings, Inc..(Fowler, Meg) |
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Filing 22
ORDER entered by Judge Nanette K. Laughrey. A Telephone Conference is set for 12/6/2018 at 10:00 AM regarding the Joint Proposed Scheduling and Jury Trial Order, Doc. #21 . The parties shall call conference number 877-336-1828, access code: 8503666 to participate. Signed on 12/4/18 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
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| Filing 21 Joint PROPOSED SCHEDULING ORDER by Jennifer Chappell, Andrew Chappell Ph.D.. (Franciskato, Brian) |
| Filing 20 MOTION to dismiss for lack of jurisdiction filed by Meg L. Fowler on behalf of Alabama Medical Consultants, Inc., John Cuckler. Suggestions in opposition/response due by 12/18/2018 unless otherwise directed by the court. (Attachments: #1 Exhibit Declaration of John M. Cuckler, M.D. in Support of Cuckler Defendants' Motion to Dismiss)(Fowler, Meg) |
| Filing 19 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Brian S Franciskato on behalf of Plaintiffs Jennifer Chappell, Andrew Chappell Ph.D..(Franciskato, Brian) |
| Filing 18 DISCLOSURE OF CORPORATE INTERESTS filed by Meg L. Fowler on behalf of Defendant Biomet, Inc..(Fowler, Meg) |
| Filing 17 DISCLOSURE OF CORPORATE INTERESTS filed by Meg L. Fowler on behalf of Defendant Biomet Manufacturing, LLC.(Fowler, Meg) |
| Filing 16 DISCLOSURE OF CORPORATE INTERESTS filed by Meg L. Fowler on behalf of Defendant Biomet Orthopedics, LLC.(Fowler, Meg) |
| Filing 15 DISCLOSURE OF CORPORATE INTERESTS filed by Meg L. Fowler on behalf of Defendant Biomet U.S. Reconstruction, LLC.(Fowler, Meg) |
| Filing 14 DISCLOSURE OF CORPORATE INTERESTS filed by Meg L. Fowler on behalf of Defendant Zimmer Biomet Holdings, Inc..(Fowler, Meg) |
| Filing 13 DISCLOSURE OF CORPORATE INTERESTS filed by Meg L. Fowler on behalf of Defendant Alabama Medical Consultants, Inc..(Fowler, Meg) |
| Filing 12 Motion to allow Michelle M. Tessier to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6051468) filed by Meg L. Fowler on behalf of All Defendants. (Fowler, Meg) (Main Document 12 replaced on 12/6/2018) (Geiser, Angel). |
| Filing 11 Motion to allow John Joseph Tanner to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6051453) filed by Meg L. Fowler on behalf of All Defendants. (Fowler, Meg) (Main Document 11 replaced on 12/6/2018) (Geiser, Angel). |
| Filing 10 Motion to allow Stephanie A. Koltookian to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6051445) filed by Meg L. Fowler on behalf of All Defendants. (Fowler, Meg) (Main Document 10 replaced on 12/6/2018) (Geiser, Angel). |
| Filing 9 Motion to allow Thomas J. Joensen to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6051434) filed by Meg L. Fowler on behalf of All Defendants. (Fowler, Meg) (Main Document 9 replaced on 12/12/2018) (Geiser, Angel). |
| Filing 8 Motion to allow M. Elizabeth Dyer Kellett to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6051376) filed by Meg L. Fowler on behalf of All Defendants. (Fowler, Meg) (Main Document 8 replaced on 12/6/2018) (Geiser, Angel). |
| Filing 7 RETURN OF WAIVER OF SERVICE filed by Jennifer Chappell, Andrew Chappell Ph.D.. Waiver sent to All Defendants. (Franciskato, Brian) |
| NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP) |
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Filing 6
ORDER entered by Judge Nanette K. Laughrey. Proposed scheduling order due by 12/4/2018. Rule 26 conference due by 11/27/2018. Signed on 11/13/18 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea)
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Filing 5
ORDER ON PRETRIAL PROCEDURES. Signed on 11/13/18 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea)
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| Filing 4 NOTICE of appearance by Meg L. Fowler on behalf of All Defendants (Attorney Meg L. Fowler added to party Alabama Medical Consultants, 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), Attorney Meg L. Fowler added to party Biomet, Inc.(pty:dft), Attorney Meg L. Fowler added to party John Cuckler(pty:dft), Attorney Meg L. Fowler added to party Zimmer Biomet Holdings, Inc.(pty:dft))(Fowler, Meg) |
| Filing 3 NOTICE OF REASSIGNMENT from Magistrate Judge John T. Maughmer to District Judge Nanette K. Laughrey. Please note the new case number: 18-839-CV-W-NKL. (Melvin, Greg) |
| Filing 2 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 an outside mediator. (Attachments: #1 MAP General Order)(Woods, Gloria) |
| Filing 1 COMPLAINT against Alabama Medical Consultants, Inc., Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc., John Cuckler, MD, Zimmer Biomet Holdings, Inc. filed by Brian S Franciskato on behalf of Jennifer Chappell, Andrew Chappell Ph.D. Filing fee $400, receipt number AMOWDC-6003333. Service due by 1/22/2019 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet)(Franciskato, Brian) |
| NOTICE OF MAGISTRATE ASSIGNMENT e-mailed to plaintiff's attorney, B. Franciskato. This is a docket entry only. No document is attached. Magistrate Return due by 11/14/2018 unless otherwise directed by the court. (Woods, Gloria) |
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