Scott et al v. Biomet, Inc. et al - DO NOT DOCKET. PLEADING SHOULD BE DOCKETED IN 8:17CV260
Shawn D. Scott and Mary K. Scott |
Biomet, Inc., Biomet Manufacturing, LLC, Biomet U.S. Reconstruction, LLC and Biomet Orthopedics, LLC |
8:2019cv00113 |
March 19, 2019 |
US District Court for the District of Nebraska |
Personal Inj. Prod. Liability |
28 U.S.C. § 1332 |
Both |
Docket Report
This docket was last retrieved on March 19, 2019. A more recent docket listing may be available from PACER.
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Filing 67 Case transferred in from District of Indiana Northern; Case Number 3:17-cv-00600. Original electronic file received. |
Filing 66 CONDITIONAL REMAND ORDER remanding case to the District of Nebraska. Signed by Jeffery N Luthi, Clerk of the Panel on 3/11/19. (jld) [Transferred from Indiana Northern on 3/19/2019.] |
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Filing 64 STATUS CONFERENCE held on 3/4/2019 before Judge Robert L Miller, Jr. Pla appeared by atty B. Fulmer, N. Ward. Dft appeared by atty E. Hanig, J. Winter. The Court hears from parties. The next Status Conference is set for 5/9/2019 at 1:30 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Written memorandum to follow. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/19/2019.] |
Filing 63 THIRD SUGGESTION OF REMAND AND EXPLANATION TO TRANSFEROR COURTS Pursuant to 28 USC 1407(a) and Panel Rule 10.1(b), the court suggests that the Judicial Panel on Multidistrict Litigation remand the cases listed in Exhibit A to the districts from which they were transferred. Signed by Judge Robert L Miller, Jr on 2/27/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) (copy emailed to Panel on Multi-District Litigation) [Transferred from Indiana Northern on 3/19/2019.] |
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Filing 60 STATUS CONFERENCE held on 1/9/2019 before Judge Robert L Miller, Jr. Pla appeared by atty Navan Ward. Dft appeared by atty Erin Hanig, John Winter. Summary of topics discussed and action taken. Next status conference set for March 4, 2019 at 01:30 PM (EST) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) Modified on 1/11/2019 to correct date hearing held (jld). Modified on 2/1/2019 to correct date hearing held (dk). [Transferred from Indiana Northern on 3/19/2019.] |
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Filing 58 STATUS CONFERENCE held on 11/15/2018 before Judge Robert L Miller, Jr. Pla appeared by atty Brenda Fulmer. Dft appeared by atty John Winter, Erin Hanig. Topics discussed included status of discovery in Groups 6 and 7 and pending motions. Next status conference set for Wednesday, January 9, 2019 at 1:15 p.m. (EST) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) Modified on 12/13/2018 to correct date of hearing (jld). [Transferred from Indiana Northern on 3/19/2019.] |
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Filing 48 STATUS CONFERENCE held on 9/19/2018 before Judge Robert L Miller, Jr. Pla appeared by atty N. Ward and B. Fulmer (by phone). Dft appeared by atty E. Hanig, J. Winter, J. LaDue, J. Tanner (in person). The Court hears from parties. Written order to follow. The next Status Conference is set for 11/8/2018 at 1:15 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/19/2019.] |
Filing 55 NOTICE of Appearance by Adrienne Franco Busby on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 3/19/2019.] |
Filing 54 NOTICE of Appearance by Stephanie N Russo on behalf of Biomet Orthopedics, LLC, Biomet, Inc.(ksc) [Transferred from Indiana Northern on 3/19/2019.] |
Filing 53 NOTICE of Appearance by Andrew L Campbell on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 3/19/2019.] |
Filing 52 NOTICE of Appearance by J Joseph Tanner on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 3/19/2019.] |
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Filing 45 SUGGESTION OF REMAND/EXPLANATION TO TRANSFEROR COURTS Pursuant to 28 USC 1407(a) and Panel Rule 10.1(b), the court suggests that the Judicial Panel on Multidistrict Litigation remand the cases listed in Exhibit A to the districts from which they were transferred. Signed by Judge Robert L Miller, Jr on 9/6/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) (A copy of this Order was emailed to the Judicial Panel on Multidistrict Litigation on 9/6/2018) [Transferred from Indiana Northern on 3/19/2019.] |
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Filing 41 TELEPHONE CONFERENCE held on 7/18/2018 before Judge Robert L Miller, Jr. Pla appeared by atty A. Davis, N. Ward. Dft appeared by atty E. Hanig, J. LaDue, J. Winter. Topics discussed included status of Group 5 and 6 discovery, the proposed pretrial order on remand, upcoming expert video depositions, pro se cases and pending motions. Following discussion, the court directed plaintiff's counsel to file any motion to enforce settlement in Simpson v. Biomet, 3:16cv466, by Aug 9, 2018. Next status conference set for Aug 27, 2018 at 1:30 p.m. (EDT) before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/19/2019.] |
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Filing 39 Docket Annotation: The Dismissal Order entered on 5/29/2018 related to only three member cases, but was inadvertently docketed in all pending member cases. To avoid confusion and correct the error, the original entry [Doc. No. 3593 ] was deleted from the master and all member case dockets, and the order was redocketed in 3:12md2391 [Doc. No. 3596 ] and the related member cases (3:13cv1243, 3:14cv1243, and 3:16cv170).Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/19/2019.] |
Filing 38 STATUS CONFERENCE held on 5/17/2018 before Judge Robert L Miller, Jr. Pla appeared by atty Brenda Fulmer. Dft appeared by atty John Winter and John LaDue. The Court hears from parties. A Status Conference is set for 7/18/2018 at 1:30 PM (EST) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter J. Hoffman.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/19/2019.] |
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Filing 31 STATUS CONFERENCE held on 3/12/2018 before Judge Robert L Miller, Jr. Pla appeared by attys Jasper Ward (in person), Brenda Fulmer and Ahmad Diab (by phone). Dft appeared by attys Erin Hanig, John LaDue, and John Winter (all in person). The Court hears from parties. Status Conference set for 5/17/2018 at 1:00 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Written order to follow.(Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/19/2019.] |
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Filing 28 TELEPHONIC STATUS CONFERENCE held on 1/30/2018 before Judge Robert L Miller, Jr. Pla appeared by atty Brenda Fulmer (in person), Ahmed Diab and Justin Presnal (by phone). Dft appeared by atty Erin Linder and John LaDue (in person), John Winter (by phone). The next Status Conference is set for 3/12/2018 at 1:30 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Written order to follow.(Court Reporter Debra Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/19/2019.] |
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Filing 26 OPINION AND ORDER DENYING 3381 Executive Committee's motion to exclude opinions and testimony of Biomet's expert Steven R. Schmid; GRANTING IN PART AND DENYING IN PART 3382 the Executive Committee's motion to exclude opinions and testimony of Biomet expert David Schroeder; DENYING 3383 the Executive Committee's motion to exclude opinions and testimony of Biomet's expert Daniel Schultz, M.D.; GRANTING IN PART AND DENYING IN PART 3384 the Executive Committee's motion to exclude opinions and testimony of Biomet's expert Andrew I Spitzer, M.D.; GRANTING IN PART AND DENYING IN PART 3385 the Executive Committee's Motion to exclude opinions and testimony of Biomet's expert Dr. Kenneth St. John; DENYING 3386 Biomet's motion to exclude opinions and testimony of the plaintiffs' expert Mari Truman; GRANTING IN PART AND DENYING IN PART 3399 Biomet's motion to exclude opinions and testimony of the plaintiffs' expert George S Kantor, M.D. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/19/2019.] |
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Filing 22 MOTION to Withdraw as Attorney by James G Powers and April N Hook on behalf of Defendants Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet U.S. Reconstruction LLC. (jld) [Transferred from Indiana Northern on 3/19/2019.] |
Filing 21 TELEPHONIC STATUS CONFERENCE held on 10/26/2017 before Judge Robert L Miller, Jr. Pla appeared by atty B. Fulmer. Dft appeared by atty J. LaDue. The Court hears from the parties. Telephonic Status Conference set for 12/19/2017 at 1:30 PM (EST) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/19/2019.] |
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Filing 17 NOTICE of Appearance by John D LaDue on behalf of Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet U.S. Reconstruction LLC (LaDue, John) [Transferred from Indiana Northern on 3/19/2019.] |
Filing 16 NOTICE of Appearance by Erin Linder Hanig on behalf of Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet U.S. Reconstruction LLC (Hanig, Erin) [Transferred from Indiana Northern on 3/19/2019.] |
Filing 14 Case transferred in from District of Nebraska; Case Number 8:17-cv-00260. Original file and docket sheet received. [Transferred from Indiana Northern on 3/19/2019.] |
Filing 13 CERTIFIED COPY OF CONDITIONAL TRANSFER ORDER. Case is transferred to USDC-Indiana (Northern), Docket No. 2391., Civil Case Terminated. (Attachments: #1 Transmittal Letter)(MKR) [Transferred from Nebraska on 8/4/2017.] [Transferred from Indiana Northern on 3/19/2019.] |
Case transferred to Northern District of Indiana. Original electronic file sent. (MKR) [Transferred from Nebraska on 8/4/2017.] [Transferred from Indiana Northern on 3/19/2019.] |
Filing 12 COPY OF CONDITIONAL TRANSFER ORDER from the Multidistrict Litigation Panel. Clerk to wait for certified copy of order to transfer the file to USDC-Northern District of Indiana, Docket No. 2391. (KLF) [Transferred from Nebraska on 8/4/2017.] [Transferred from Indiana Northern on 3/19/2019.] |
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Filing 10 LETTER by Clerk regarding Notice of Removal Attorney - Complaint, #1 with copy of docket sheet to Multidistrict Litigation Clerks Office. (LAC) [Transferred from Nebraska on 8/4/2017.] [Transferred from Indiana Northern on 3/19/2019.] |
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Filing 8 ANSWER to Notice of Removal Complaint regarding: Notice of Removal Attorney - Complaint, #1 by Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. (Hook, April) [Transferred from Nebraska on 8/4/2017.] [Transferred from Indiana Northern on 3/19/2019.] |
Filing 7 TEXT NOTICE OF JUDGES ASSIGNED: Judge Robert F. Rossiter, Jr. and Magistrate Judge Susan M. Bazis assigned. (GJG) [Transferred from Nebraska on 8/4/2017.] [Transferred from Indiana Northern on 3/19/2019.] |
Filing 6 NOTICE of Place of Trial by Attorney April N. Hook on behalf of Defendants Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. (Hook, April) [Transferred from Nebraska on 8/4/2017.] [Transferred from Indiana Northern on 3/19/2019.] |
Filing 5 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent Biomet, Inc., Corporate Parent Biomet, Inc., Corporate Parent Zimmer Biomet Holdings, Inc., Corporate Parent Zimmer Biomet Holdings, Inc., Corporate Parent LVB Acquisition, Inc., Corporate Parent LVB Acquisition, Inc. for Biomet Manufacturing, LLC. by Attorney April N. Hook on behalf of Defendants Biomet Manufacturing, LLC, Biomet, Inc., Biomet, Inc., LVB Acquisition, Inc., LVB Acquisition, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Holdings, Inc..(Hook, April) [Transferred from Nebraska on 8/4/2017.] [Transferred from Indiana Northern on 3/19/2019.] |
Filing 4 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent Biomet, Inc., Corporate Parent Biomet, Inc., Corporate Parent Zimmer Biomet Holdings, Inc., Corporate Parent Zimmer Biomet Holdings, Inc., Corporate Parent LVB Acquisition, Inc., Corporate Parent LVB Acquisition, Inc. for Biomet U.S. Reconstruction, LLC. by Attorney April N. Hook on behalf of Defendants Biomet U.S. Reconstruction, LLC, Biomet, Inc., Biomet, Inc., LVB Acquisition, Inc., LVB Acquisition, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Holdings, Inc..(Hook, April) [Transferred from Nebraska on 8/4/2017.] [Transferred from Indiana Northern on 3/19/2019.] |
Filing 3 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent Biomet, Inc., Corporate Parent Biomet, Inc., Corporate Parent Zimmer Biomet Holdings, Inc., Corporate Parent Zimmer Biomet Holdings, Inc., Corporate Parent LVB Acquisition, Inc., Corporate Parent LVB Acquisition, Inc., Corporate Parent Biomet U.S. Reconstruction, LLC, Corporate Parent Biomet U.S. Reconstruction, LLC for Biomet Orthopedics, LLC. by Attorney April N. Hook on behalf of Defendants Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc., Biomet, Inc., LVB Acquisition, Inc., LVB Acquisition, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Holdings, Inc..(Hook, April) [Transferred from Nebraska on 8/4/2017.] [Transferred from Indiana Northern on 3/19/2019.] |
Filing 2 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent Zimmer Biomet Holdings, Inc., Corporate Parent Zimmer Biomet Holdings, Inc., Corporate Parent LVB Acquisition, Inc., Corporate Parent LVB Acquisition, Inc. for Biomet, Inc.. by Attorney April N. Hook on behalf of Defendants Biomet, Inc., LVB Acquisition, Inc., LVB Acquisition, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Holdings, Inc..(Hook, April) [Transferred from Nebraska on 8/4/2017.] [Transferred from Indiana Northern on 3/19/2019.] |
Filing 1 NOTICE OF REMOVAL with jury demand against All Plaintiffs from Douglas County District Court, Case number CI 17-5204 ( Filing fee $ 400, receipt number 0867-3488107) with attached state court pleadings, by Attorney April N. Hook on behalf of Biomet, Inc., Biomet Manufacturing, LLC, Biomet U.S. Reconstruction, LLC, Biomet Orthopedics, LLC (Attachments: #1 Exhibit A)(Hook, April) [Transferred from Nebraska on 8/4/2017.] [Transferred from Indiana Northern on 3/19/2019.] |
Filing 15 STATE COURT COMPLAINT with Jury Demand against Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet U.S. Reconstruction LLC, filed by Shawn D. Scott, Mary K. Scott.(jld) [Transferred from Indiana Northern on 3/19/2019.] |
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