Johnson v. Biomet, Inc., et al.
Plaintiff: Mary Johnson
Defendant: Biomet Inc., Biomet Manufacturing, LLC, Biomet U.S. Reconstruction, LLC, Alabama Medical Consultants, Inc., John Cuckler, MD and Biomet Orthopedics, LLC
Case Number: 2:2019cv00534
Filed: March 29, 2019
Court: US District Court for the District of Nevada
Presiding Judge: George Foley
Referring Judge: Gloria M Navarro
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on February 16, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 24, 2019 Opinion or Order Filing 88 ORDER Granting #86 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Tarifa Belle Laddon and approving Attorney LeAnn Sanders as Designation of Local Counsel for all Defendants. Signed by Chief Judge Gloria M. Navarro on 5/24/2019. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - SLD)
May 24, 2019 Opinion or Order Filing 87 ORDER Granting #85 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Theodore E. O'Reilly and approving Attorney LeAnn Sanders as Designation of Local Counsel for all Defendants. Signed by Chief Judge Gloria M. Navarro on 5/24/2019. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - SLD)
May 14, 2019 Filing 86 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Tarifa B. Laddon and DESIGNATION of Local Counsel LeAnn Sanders (Filing fee $ 250 receipt number 0978-5547119) by Defendants Biomet Inc., Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC. (Attachments: #1 Affidavit Affidavit in Support of Verified Petition) (Sanders, LeAnn)
May 14, 2019 Filing 85 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Theodore E. O'Reilly and DESIGNATION of Local Counsel LeAnn Sanders (Filing fee $ 250 receipt number 0978-5546982) by Defendants Biomet Inc., Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC. (Attachments: #1 Affidavit Affidavit in Support of Verified Petition) (Sanders, LeAnn)
May 13, 2019 Opinion or Order Filing 84 ORDER Granting #83 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Randy W. James and approving Attorney Lindsay K. Cullen as Designation of Local Counsel for Plaintiff. Signed by Chief Judge Gloria M. Navarro on 5/13/2019. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - SLD)
May 13, 2019 Filing 83 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Randy W. James and DESIGNATION of Local Counsel Lindsay K. Cullen, Esq. (Filing fee $ 250 receipt number 0978-5546498) by Plaintiff Mary Johnson. (Carter, Brett)
May 2, 2019 Opinion or Order Filing 82 ORDER Granting #77 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Brian S Franciskato and approving Designation of Local Counsel Lindsay K. Cullen. Signed by Chief Judge Gloria M. Navarro on 5/2/2019. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - JQC)
May 1, 2019 Filing 81 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (no image attached) (JM)
May 1, 2019 Opinion or Order Filing 80 SCHEDULING ORDER granting #78 Status Report. Discovery due by 5/11/2020. Motions due by 6/15/2020. Proposed Joint Pretrial Order due by 7/13/2020. Signed by Magistrate Judge George Foley, Jr on 5/1/2019. (Copies have been distributed pursuant to the NEF - JM)
May 1, 2019 Filing 79 NOTICE of Appearance by attorney LeAnn Sanders on behalf of Defendants Alabama Medical Consultants, Inc., Biomet Inc., Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, John Cuckler, MD. (Sanders, LeAnn)
April 29, 2019 Filing 78 Joint STATUS REPORT by Plaintiff Mary Johnson. (Carter, Brett)
April 26, 2019 Filing 77 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Brian S. Franciskato and DESIGNATION of Local Counsel Lindsay K. Cullen (Filing fee $ 250 receipt number 0978-5522099) by Plaintiff Mary Johnson. (Carter, Brett)
April 26, 2019 Filing 76 NOTICE of Appearance by attorney Brett A Carter on behalf of Plaintiff Mary Johnson. (Carter, Brett)
March 31, 2019 Filing 75 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro on 3/31/2019. By Deputy Clerk: Aaron Blazevich. This case has been randomly assigned to the Honorable Chief Judge Gloria M. Navarro. Chief Judge Navarro's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov.(no image attached) (Copies have been distributed pursuant to the NEF - ASB)
March 29, 2019 Filing 74 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro on 3/29/2019. This action was received on* 3/29/2019* pursuant to a court order directing transfer from the* Northern District of Indiana* and assigned case number 2:19-cv-00534-GMN-GWF. All future documents must bear said correct case number. Joint Status Report due by 4/28/2019. Verified Petition due by 5/13/2019. (Copies have been distributed pursuant to the NEF - SLD)
March 29, 2019 Filing 73 Case transferred in from District of Indiana Northern; Case Number 3:17-cv-00354. Original file with transfer order and docket sheet received. (SLD)
March 29, 2019 Case randomly assigned to Chief Judge Gloria M. Navarro and Magistrate Judge George Foley, Jr. (SLD)
March 28, 2019 Opinion or Order Filing 72 SUPPLEMENTAL TRANSFER ORDER (GROUP 3) AND EXPLANATION TO RECEIVING COURTS Pursuant to the court's prior orders and 28 U.S.C. 1404(a), this case is TRANSFERRED to the District of Nevada (Southern Division). Signed by Judge Robert L Miller, Jr on 3/28/19. (jld) [Transferred from Indiana Northern on 3/29/2019.]
March 26, 2019 Opinion or Order Filing 71 ORDER: GRANTING #70 Motion to Withdraw #53 Motion for Protective Order; WITHDRAWING #53 Motion for Protective Order. Signed by Judge Robert L Miller, Jr on 3/26/19. (jld) [Transferred from Indiana Northern on 3/29/2019.]
March 25, 2019 Filing 70 MOTION to Withdraw #53 MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice by Defendants Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction LLC, Biomet, Inc.. (Hanig, Erin) [Transferred from Indiana Northern on 3/29/2019.]
March 4, 2019 Opinion or Order Filing 69 MEMORANDUM AND ORDER FOR MARCH 4, 2019 STATUS CONFERENCE Summary of topics discussed and action taken. Next status conference set for May 9, 2019 at 1:30 p.m. (EDT). Signed by Judge Robert L Miller, Jr on 3/4/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
March 4, 2019 Opinion or Order Filing 68 ORDER GRANTING the parties' Second Joint Motion for Stay Related to Biomet's Motions for Protective Order on Plaintiffs' 30(b)(6) Deposition Notice and continues the stay on briefing and hearing no Biomet's motions for protective order through 3/25/2019. Parties are directed to file a report on the status of the pending motion by 3/25/2019. Signed by Judge Robert L Miller, Jr on 3/4/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
March 4, 2019 Filing 67 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 3/29/2019.]
March 1, 2019 Filing 66 Second MOTION to Stay re #53 MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice by Defendants Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction LLC, Biomet, Inc.. (Hanig, Erin) [Transferred from Indiana Northern on 3/29/2019.]
February 27, 2019 Opinion or Order Filing 65 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the Status Conference to be held on 3/4/2019 at 1:30 PM (EDT). Signed by Judge Robert L Miller, Jr on 2/27/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
February 4, 2019 Opinion or Order Filing 64 ORDER granting #63 Motion to Stay Briefing and hearing on Biomet's motions for protective order. Counsel shall inform the Court of the status of their negotiations by 3/1/2019. Signed by Judge Robert L Miller, Jr on 2/4/19. (jld) [Transferred from Indiana Northern on 3/29/2019.]
January 29, 2019 Filing 63 Joint MOTION to Stay re #53 MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice by Defendants Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction LLC, Biomet, Inc.. (Hanig, Erin) [Transferred from Indiana Northern on 3/29/2019.]
January 23, 2019 Opinion or Order Filing 62 ORDER granting Agreed Motion for Extension of Time to File Reply and affording Biomet to and including January 30, 2019 to meet and confer with Plaintiffs and file its replies in support of Biomet's motions, if necessary. Signed by Judge Robert L Miller, Jr on 1/23/19. (jld) [Transferred from Indiana Northern on 3/29/2019.]
January 16, 2019 Filing 61 Consent MOTION for Extension of Time to File Response/Reply as to #53 MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice by Defendants Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction LLC, Biomet, Inc.. (Hanig, Erin) [Transferred from Indiana Northern on 3/29/2019.]
January 10, 2019 Opinion or Order Filing 60 MEMORANDUM AND ORDER FOR JANUARY 9, 2019 STATUS CONFERENCE Summary of topics discussed and action taken. Next status conference set for March 4, 2019 at 1:30 p.m. (EST). Signed by Judge Robert L Miller, Jr on 1/10/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
January 10, 2019 Filing 59 RESPONSE to Motion re #53 MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice filed by Mary Johnson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Franciskato PHV, Brian) [Transferred from Indiana Northern on 3/29/2019.]
January 10, 2019 Filing 58 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 3/29/2019.]
January 7, 2019 Opinion or Order Filing 57 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the status conference on January 9, 2019 at 1:15 p.m. (EST).. Signed by Judge Robert L Miller, Jr on 1/7/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
December 21, 2018 Opinion or Order Filing 56 ORDER granting Motion for Extension of Time to File Response to Motion for Protective Order. Response to be filed by 1/10/2019. Signed by Judge Robert L Miller, Jr on 12/21/18. (jld) [Transferred from Indiana Northern on 3/29/2019.]
December 20, 2018 Filing 55 Consent MOTION for Extension of Time to File Response/Reply as to #53 MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice by Plaintiff Mary Johnson. (Franciskato PHV, Brian) [Transferred from Indiana Northern on 3/29/2019.]
December 18, 2018 Filing 54 NOTICE by Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction LLC, Biomet, Inc. re #53 MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice Local Rule 37-1 Notice (Hanig, Erin) [Transferred from Indiana Northern on 3/29/2019.]
December 17, 2018 Filing 53 ***WITHDRAWN PER * #71 ORDER ON 3/26/2019*** MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice by Defendants Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction LLC, Biomet, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hanig, Erin) Modified on 3/27/2019 (jld). [Transferred from Indiana Northern on 3/29/2019.]
November 19, 2018 Filing 52 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 3/29/2019.]
November 9, 2018 Opinion or Order Filing 51 ORDER Concerning Remote Attendance at Status Conference; set for 11/15/2018 01:15 PM EST by telephone can join via conference call. Signed by Judge Robert L Miller, Jr on 11/9/2018. Associated Cases: 3:12-md-02391-RLM-MGG et al.(lpw) [Transferred from Indiana Northern on 3/29/2019.]
October 1, 2018 Opinion or Order Filing 50 ORDER The court GRANTS the parties' joint motion for an extension of time to submit the proposed Remand Group 2 case list (Doc. No. 3723 ) to/including 10/5/2018. Signed by Judge Robert L Miller, Jr on 10/1/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
September 24, 2018 Opinion or Order Filing 45 ORDER By agreement of the parties, the November 8 status conference is RESET for Thursday 11/15/2018 at 1:15 PM (EST) in US District Court - South Bend before Judge Robert L Miller Jr.. Signed by Judge Robert L Miller, Jr on 9/24/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
September 21, 2018 Opinion or Order Filing 44 MEMORANDUM AND ORDER FOR SEPTEMBER 19, 2018 STATUS CONFERENCE Summary of topics discussed and action taken. Next status conference set for November 8, 2018 at 1:15 p.m. (EST).. Signed by Judge Robert L Miller, Jr on 9/21/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
September 19, 2018 Opinion or Order Filing 43 ORDER The court GRANTS the defendants' 3178 Motion to add Attorneys J. Joseph Tanner, Adrienne Franco Busby, Andrew L. Campbell, and Stephanie N. Russo as Co-Liaison Counsel. Signed by Judge Robert L Miller, Jr on 9/19/2018. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
September 19, 2018 Filing 42 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 3/29/2019.]
September 18, 2018 Filing 49 NOTICE of Appearance by Adrienne Franco Busby on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 3/29/2019.]
September 18, 2018 Filing 48 NOTICE of Appearance by Stephanie N Russo on behalf of Biomet Orthopedics, LLC, Biomet, Inc.(ksc) [Transferred from Indiana Northern on 3/29/2019.]
September 18, 2018 Filing 47 NOTICE of Appearance by Andrew L Campbell on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 3/29/2019.]
September 18, 2018 Filing 46 NOTICE of Appearance by J Joseph Tanner on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 3/29/2019.]
September 12, 2018 Opinion or Order Filing 41 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the status conference on September 19, 2018 at 1:30 p.m. (E.D.T.). Signed by Judge Robert L Miller, Jr on 9/12/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
September 6, 2018 Opinion or Order Filing 40 ORDER OF TRANSFER UNDER 28 U.S.C. 1404(a) AND EXPLANATION TO RECEIVING COURTS Pursuant to the court's prior orders and 28 USC 1404(a), the Clerk of Court is ORDERED TO TRANSFER the cases listed on Exhibit A to the venues agreed upon by the parties and designated in the order. Signed by Judge Robert L Miller, Jr on 9/6/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/29/2019.]
September 6, 2018 Filing 39 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 3/29/2019.]
August 24, 2018 Opinion or Order Filing 38 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 Indiana Northern on 3/29/2019.]
August 16, 2018 Opinion or Order Filing 37 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 Indiana Northern on 3/29/2019.]
July 26, 2018 Opinion or Order Filing 36 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 Indiana Northern on 3/29/2019.]
July 18, 2018 Filing 35 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 3/29/2019.]
July 12, 2018 Opinion or Order Filing 34 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 Indiana Northern on 3/29/2019.]
June 13, 2018 Filing 33 NOTICE of Appearance by Michele S Stephan PHV on behalf of Mary Johnson (Stephan PHV, Michele) [Transferred from Indiana Northern on 3/29/2019.]
May 29, 2018 Filing 32 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 3/29/2019.]
May 17, 2018 Filing 31 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 3/29/2019.]
May 9, 2018 Opinion or Order Filing 30 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 Indiana Northern on 3/29/2019.]
April 23, 2018 Opinion or Order Filing 29 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 Indiana Northern on 3/29/2019.]
April 10, 2018 Opinion or Order Filing 28 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 Indiana Northern on 3/29/2019.]
March 29, 2018 Opinion or Order Filing 27 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 Indiana Northern on 3/29/2019.]
March 26, 2018 Opinion or Order Filing 26 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 Indiana Northern on 3/29/2019.]
March 14, 2018 Opinion or Order Filing 25 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 Indiana Northern on 3/29/2019.]
March 12, 2018 Filing 24 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 3/29/2019.]
February 8, 2018 Opinion or Order Filing 23 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 Indiana Northern on 3/29/2019.]
February 1, 2018 Opinion or Order Filing 22 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 Indiana Northern on 3/29/2019.]
January 30, 2018 Filing 21 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 3/29/2019.]
January 25, 2018 Opinion or Order Filing 20 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 Indiana Northern on 3/29/2019.]
December 21, 2017 Filing 19 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 3/29/2019.]
December 18, 2017 Opinion or Order Filing 18 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 Indiana Northern on 3/29/2019.]
December 12, 2017 Opinion or Order Filing 17 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 Indiana Northern on 3/29/2019.]
October 26, 2017 Filing 16 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 3/29/2019.]
October 23, 2017 Opinion or Order Filing 15 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 Indiana Northern on 3/29/2019.]
August 28, 2017 Opinion or Order Filing 14 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 Indiana Northern on 3/29/2019.]
August 21, 2017 Filing 13 ANSWER to #1 Complaint, by Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc..(Hanig, Erin) [Transferred from Indiana Northern on 3/29/2019.]
August 21, 2017 Filing 12 ANSWER to #1 Complaint, by Alabama Medical Consultants, Inc., John Cuckler, MD.(Hanig, Erin) [Transferred from Indiana Northern on 3/29/2019.]
August 18, 2017 Opinion or Order Filing 11 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 Indiana Northern on 3/29/2019.]
July 14, 2017 Opinion or Order Filing 10 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 Indiana Northern on 3/29/2019.]
July 10, 2017 Opinion or Order Filing 9 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 Indiana Northern on 3/29/2019.]
July 5, 2017 Filing 8 WAIVER OF SERVICE Returned Executed by Mary Johnson. All Defendants. (Attachments: #1 Supplement)(Sayeg PHV, Ilyas) [Transferred from Indiana Northern on 3/29/2019.]
June 15, 2017 Opinion or Order Filing 7 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 Indiana Northern on 3/29/2019.]
June 5, 2017 Opinion or Order Filing 6 ORDER granting #5 Application to Appear Pro Hac Vice of Attorney Brian S Franciskato PHV for Mary Johnson. Signed by Judge Robert L Miller, Jr on 6/5/17. (mtr) [Transferred from Indiana Northern on 3/29/2019.]
June 2, 2017 Filing 5 Application for Attorney Brian S. Franciskato to Appear Pro Hac Vice on behalf of Mary Johnson. (MDL-PHV Temporary Login, ) [Transferred from Indiana Northern on 3/29/2019.]
May 17, 2017 Filing 4 NOTICE of Appearance by Erin Linder Hanig on behalf of Alabama Medical Consultants, Inc., Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc., John Cuckler, MD (Hanig, Erin) [Transferred from Indiana Northern on 3/29/2019.]
May 17, 2017 Filing 3 NOTICE of Appearance by John D LaDue on behalf of Alabama Medical Consultants, Inc., Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc., John Cuckler, MD (LaDue, John) [Transferred from Indiana Northern on 3/29/2019.]
May 10, 2017 Filing 2 Summons Issued as to Alabama Medical Consultants, Inc., Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc., John Cuckler, MD. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (mlc) [Transferred from Indiana Northern on 3/29/2019.]
May 10, 2017 Judge Robert L Miller, Jr and Magistrate Judge Michael G Gotsch, Sr added. (NEW MDL CASE) (mlc) [Transferred from Indiana Northern on 3/29/2019.]
May 9, 2017 Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 receipt number 0755-3245419.), filed by Mary Johnson. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons)(Sayeg PHV, Ilyas) [Transferred from Indiana Northern on 3/29/2019.]

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Search for this case: Johnson v. Biomet, Inc., et al.
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Defendant: Biomet Inc.
Represented By: Stephanie N Russo
Represented By: Adrienne Franco Busby
Represented By: John D LaDue
Represented By: Erin Linder Hanig
Represented By: Andrew L Campbell
Represented By: J Joseph Tanner
Represented By: LeAnn Sanders
Represented By: Tarifa Belle Laddon
Represented By: Theodore E. O'Reilly
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Defendant: Biomet Manufacturing, LLC
Represented By: John D LaDue
Represented By: Erin Linder Hanig
Represented By: LeAnn Sanders
Represented By: Tarifa Belle Laddon
Represented By: Theodore E. O'Reilly
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Defendant: Biomet U.S. Reconstruction, LLC
Represented By: John D LaDue
Represented By: Erin Linder Hanig
Represented By: LeAnn Sanders
Represented By: Tarifa Belle Laddon
Represented By: Theodore E. O'Reilly
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Defendant: Alabama Medical Consultants, Inc.
Represented By: John D LaDue
Represented By: Erin Linder Hanig
Represented By: LeAnn Sanders
Represented By: Tarifa Belle Laddon
Represented By: Theodore E. O'Reilly
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Defendant: John Cuckler, MD
Represented By: John D LaDue
Represented By: Erin Linder Hanig
Represented By: LeAnn Sanders
Represented By: Tarifa Belle Laddon
Represented By: Theodore E. O'Reilly
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Defendant: Biomet Orthopedics, LLC
Represented By: Stephanie N Russo
Represented By: Adrienne Franco Busby
Represented By: John D LaDue
Represented By: Erin Linder Hanig
Represented By: Andrew L Campbell
Represented By: J Joseph Tanner
Represented By: LeAnn Sanders
Represented By: Tarifa Belle Laddon
Represented By: Theodore E. O'Reilly
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Plaintiff: Mary Johnson
Represented By: Ilyas Sayeg PHV
Represented By: Michele S Stephan PHV
Represented By: Brian S Franciskato PHV
Represented By: Brian S. Franciskato
Represented By: Brett A Carter
Represented By: Randy Wayne James
Represented By: Lindsay K. Cullen
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