Nicolaisen v. Biomet, Inc. et al
Plaintiff: Scott Nicolaisen
Defendant: Biomet Orthopedics, LLC, Biomet Manufacturing Corp, Biomet U.S. Reconstruction, LLC and Biomet Inc.
Case Number: 2:2019cv01691
Filed: September 30, 2019
Court: US District Court for the District of Nevada
Presiding Judge: Andrew P Gordon
Referring Judge: Elayna J Youchah
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 12, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 14, 2019 Opinion or Order Filing 67 ORDER granting #65 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Tarifa Belle Laddon for Biomet Inc.,Tarifa Belle Laddon for Biomet Manufacturing Corp,Tarifa Belle Laddon for Biomet Orthopedics, LLC,Tarifa Belle Laddon for Biomet U.S. Reconstruction, LLC and approving Designation of Local Counsel LeAnn Sanders. Signed by Judge Andrew P. Gordon on 11/14/2019. 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)
November 14, 2019 Opinion or Order Filing 66 ORDER Granting #64 Verified Petition for Permission to Practice Pro Hac Vice for Theodore E. O'Reilly and approving Designation of Local Counsel LeAnn Sanders. Signed by Judge Andrew P. Gordon on 11/14/2019. 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)
November 14, 2019 Filing 65 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Tarifa B. Laddon, Esq. and DESIGNATION of Local Counsel LeAnn Sanders, Esq. (Filing fee $ 250 receipt number 0978-5776059) by Defendants Biomet Inc., Biomet Manufacturing Corp, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC. (Sanders, LeAnn)
November 14, 2019 Filing 64 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Theodore E. O'Reilly, Esq. and DESIGNATION of Local Counsel LeAnn Sanders, Esq. (Filing fee $ 250 receipt number 0978-5776036) by Defendants Biomet Inc., Biomet Manufacturing Corp, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC. (Sanders, LeAnn)
October 30, 2019 Filing 63 Joint STATUS REPORT by Defendants Biomet Inc., Biomet Manufacturing Corp, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC. (O'Reilly, Theodore)
October 15, 2019 Opinion or Order Filing 62 ORDER Granting #61 Verified Petition for Permission for Andrew J Cross to Practice Pro Hac Vice and approving Designation of Local Counsel Don Springmeyer. Signed by Judge Andrew P. Gordon on 10/15/2019. 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)
October 15, 2019 Filing 61 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Andrew J. Cross and DESIGNATION of Local Counsel Don Springmeyer (Filing fee $ 250 receipt number 0978-5738539) by Plaintiff Scott Nicolaisen. (Springmeyer, Don)
October 1, 2019 Filing 60 NOTICE of Appearance by attorney Don Springmeyer on behalf of Plaintiff Scott Nicolaisen. Douglas Cohen and Jordan Butler (Springmeyer, Don)
October 1, 2019 Filing 59 STANDING ORDER. This case has been assigned to the Honorable Andrew P. Gordon. Judge Gordon'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. (Copies have been distributed pursuant to the NEF - MAJ)
September 30, 2019 Filing 58 MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon on 9/30/2019. This action was received on* 9/30/2019* pursuant to a court order directing transfer from the* Northern District of Indiana* and assigned case number 2:19-cv-01691-APG-EJY. All future documents must bear said correct case number. Joint Status Report due by 10/30/2019. Verified Petition due by 11/14/2019. (Copies have been distributed pursuant to the NEF - JM)
September 30, 2019 Filing 57 Case transferred in from District of Indiana Northern; Case Number 3:18-cv-00037. Original file with transfer order and docket sheet received.
September 30, 2019 Case randomly assigned to Judge Andrew P. Gordon and Magistrate Judge Elayna J. Youchah. (JM)
September 24, 2019 NOTICE: On the court's own motion, Status Conference set for 10/7/19 is RESET to 11/12/2019 01:00 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 9/30/2019.]
September 18, 2019 Opinion or Order Filing 56 FOURTH TRANSFER ORDER AND EXPLANATION TO RECEIVING COURTS . Signed by Judge Robert L Miller, Jr on 9/18/19. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 9/30/2019.]
August 21, 2019 Filing 55 NOTICE by Biomet Manufacturing LLC of Second Amended Joint Proposed Discovery Group 7 Remand Case List (Attachments: #1 Exhibit A)Associated Cases: 3:12-md-02391-RLM-MGG et al.(Hanig, Erin) [Transferred from Indiana Northern on 9/30/2019.]
August 8, 2019 Filing 54 STATUS CONFERENCE held on 8/8/2019 before Judge Robert L Miller, Jr. Pla appeared by atty Navan Ward. Dft appeared by attys John Winter and Erin Hanig. Topics discussed included the status of discovery in Groups 8A and 8B, remand and transfer of Group 7 cases, and disposition of settled cases. Next status conference set for Monday, October 7, 2019 at 1:00 p.m. (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 9/30/2019.]
August 7, 2019 Opinion or Order Filing 53 OPINION AND ORDER : Plaintiffs Executive Committees motion to modify future remand/transfer orders [Doc. No. 3767 ] is DENIED. Signed by Judge Robert L Miller, Jr on 8/7/19. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 9/30/2019.]
August 6, 2019 Opinion or Order Filing 52 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the status conference on August 8, 2019 at 9:30 a.m. (EST).. Signed by Judge Robert L Miller, Jr on 8/6/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 9/30/2019.]
July 2, 2019 Opinion or Order Filing 51 AMENDED REMAND/TRANSFER SCHEDULE FOR DISCOVERY GROUPS 7 AND 8 This order sets forth the remand and/or transfer deadlines to applicable to Discovery Groups 7, 8A and B. Signed by Judge Robert L Miller, Jr on 7/2/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 9/30/2019.]
June 26, 2019 Opinion or Order Filing 50 REMAND/TRANSFER SHCEDULE FOR DISCOVERY GROUPS 7 AND 8 This order sets forth the remand and/or transfer deadlines applicable to Discovery Groups 7, 8A, and 8B. Signed by Judge Robert L Miller, Jr on 6/26/2019. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 9/30/2019.]
June 25, 2019 Opinion or Order Filing 49 ORDER : The status conference previously scheduled for July 18, 2019 is now RESET for Thursday, August 8, 2019, at 9:30 a.m. (E.D.T.) in US District Court - South Bend before Judge Robert L Miller Jr. Signed by Judge Robert L Miller, Jr on 6/25/19. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 9/30/2019.]
May 9, 2019 Opinion or Order Filing 48 MEMORANDUM AND ORDER FOR MAY 9, 2019 STATUS CONFERENCE : Summary of topics discussed and action taken. Next status conference set for July 18, 2019 at 1:30 p.m. (EDT). Signed by Judge Robert L Miller, Jr on 5/9/19. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 9/30/2019.]
May 9, 2019 Filing 47 STATUS CONFERENCE held on 5/9/2019 before Judge Robert L Miller, Jr. Pla appeared by atty B. Fulmer. Dft appeared by attys E. Hanig, J. Winter. The court hears from the parties. Next Status Conference set for 7/18/2019 01:30 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Written memorandum to follow. (Court Reporter T. Gallucci.) Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 9/30/2019.]
May 7, 2019 Opinion or Order Filing 46 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the status conference on May 9, 2019 at 1:30 p.m. (EST).. Signed by Judge Robert L Miller, Jr on 5/7/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 9/30/2019.]
March 4, 2019 Opinion or Order Filing 45 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 9/30/2019.]
March 4, 2019 Filing 44 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 9/30/2019.]
February 27, 2019 Opinion or Order Filing 43 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 9/30/2019.]
January 10, 2019 Opinion or Order Filing 42 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 9/30/2019.]
January 10, 2019 Filing 41 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 9/30/2019.]
January 7, 2019 Opinion or Order Filing 40 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 9/30/2019.]
November 19, 2018 Filing 39 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 9/30/2019.]
November 14, 2018 Opinion or Order Filing 38 ORDER ACTIVATING DISCOVERY GROUP 7 Identifies cases to be included in Group 7 for purposes of case-specific discovery and related deadlines. Completed and updated medical records authorizations to be provided to Biomet by 12/14/2018. Case-specific Discovery deadline is 7/12/2019. The parties are directed to confer and file a report within 90 days of the date of this order regarding management of all remaining cases. Signed by Judge Robert L Miller, Jr on 11-14-18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 9/30/2019.]
November 9, 2018 Opinion or Order Filing 37 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 9/30/2019.]
October 1, 2018 Opinion or Order Filing 36 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 9/30/2019.]
September 24, 2018 Opinion or Order Filing 31 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 9/30/2019.]
September 21, 2018 Opinion or Order Filing 30 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 9/30/2019.]
September 19, 2018 Opinion or Order Filing 29 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 9/30/2019.]
September 19, 2018 Filing 28 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 9/30/2019.]
September 18, 2018 Filing 35 NOTICE of Appearance by Adrienne Franco Busby on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 9/30/2019.]
September 18, 2018 Filing 34 NOTICE of Appearance by Stephanie N Russo on behalf of Biomet Inc, Biomet Orthopedics, LLC.(ksc) [Transferred from Indiana Northern on 9/30/2019.]
September 18, 2018 Filing 33 NOTICE of Appearance by Andrew L Campbell on behalf of Biomet Inc, Biomet Orthopedics.(ksc) [Transferred from Indiana Northern on 9/30/2019.]
September 18, 2018 Filing 32 NOTICE of Appearance by J Joseph Tanner on behalf of Biomet Inc, Biomet Orthopedics, LLC. (ksc) [Transferred from Indiana Northern on 9/30/2019.]
September 12, 2018 Opinion or Order Filing 27 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 9/30/2019.]
September 6, 2018 Opinion or Order Filing 26 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 9/30/2019.]
September 6, 2018 Filing 25 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 9/30/2019.]
August 24, 2018 Opinion or Order Filing 24 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 9/30/2019.]
August 16, 2018 Opinion or Order Filing 23 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 9/30/2019.]
July 26, 2018 Opinion or Order Filing 22 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 9/30/2019.]
July 18, 2018 Filing 21 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 9/30/2019.]
July 12, 2018 Opinion or Order Filing 20 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 9/30/2019.]
May 29, 2018 Filing 19 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 9/30/2019.]
May 17, 2018 Filing 18 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 9/30/2019.]
May 9, 2018 Opinion or Order Filing 17 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 9/30/2019.]
April 23, 2018 Opinion or Order Filing 16 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 9/30/2019.]
April 10, 2018 Opinion or Order Filing 15 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 9/30/2019.]
March 29, 2018 Opinion or Order Filing 14 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 9/30/2019.]
March 26, 2018 Opinion or Order Filing 13 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 9/30/2019.]
March 20, 2018 Filing 12 ANSWER to #1 Complaint, by Biomet Manufacturing Corp., Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc..(Hanig, Erin) [Transferred from Indiana Northern on 9/30/2019.]
March 14, 2018 Opinion or Order Filing 11 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 9/30/2019.]
March 12, 2018 Filing 10 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 9/30/2019.]
February 8, 2018 Opinion or Order Filing 9 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 9/30/2019.]
February 7, 2018 Filing 8 WAIVER OF SERVICE Returned Executed by Scott Nicolaisen. All Defendants. (Lowe PHV, Jeffrey) [Transferred from Indiana Northern on 9/30/2019.]
February 1, 2018 Opinion or Order Filing 7 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 9/30/2019.]
January 30, 2018 Filing 6 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 9/30/2019.]
January 26, 2018 Filing 5 NOTICE of Appearance by John D LaDue on behalf of Biomet Manufacturing Corp., Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. (LaDue, John) [Transferred from Indiana Northern on 9/30/2019.]
January 26, 2018 Filing 4 NOTICE of Appearance by Erin Linder Hanig on behalf of Biomet Manufacturing Corp., Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. (Hanig, Erin) [Transferred from Indiana Northern on 9/30/2019.]
January 25, 2018 Opinion or Order Filing 3 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 9/30/2019.]
January 23, 2018 Judge Robert L Miller, Jr and Magistrate Judge Michael G Gotsch, Sr added. (NEW CASE) (jld) [Transferred from Indiana Northern on 9/30/2019.]
January 22, 2018 Filing 2 NOTICE by Scott Nicolaisen of Related Case (Lowe PHV, Jeffrey) [Transferred from Indiana Northern on 9/30/2019.]
January 22, 2018 Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 receipt number 0755-3464292.), filed by Scott Nicolaisen. (Attachments: #1 Civil Cover Sheet, #2 Request for Waiver of Service of Summons, #3 Waiver of Service of Summons Form)(Lowe PHV, Jeffrey) [Transferred from Indiana Northern on 9/30/2019.]

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Defendant: Biomet Orthopedics, LLC
Represented By: Stephanie N Russo
Represented By: Adrienne Franco Busby
Represented By: J Joseph Tanner
Represented By: Erin Linder Hanig
Represented By: Andrew L Campbell
Represented By: John D LaDue
Represented By: LeAnn Sanders
Represented By: Theodore E O'Reilly
Represented By: Tarifa Belle Laddon
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Defendant: Biomet Manufacturing Corp
Represented By: Erin Linder Hanig
Represented By: John D LaDue
Represented By: LeAnn Sanders
Represented By: Theodore E O'Reilly
Represented By: Tarifa Belle Laddon
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Defendant: Biomet U.S. Reconstruction, LLC
Represented By: Erin Linder Hanig
Represented By: John D LaDue
Represented By: LeAnn Sanders
Represented By: Theodore E O'Reilly
Represented By: Tarifa Belle Laddon
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Defendant: Biomet Inc.
Represented By: Stephanie N Russo
Represented By: Adrienne Franco Busby
Represented By: J Joseph Tanner
Represented By: Erin Linder Hanig
Represented By: Andrew L Campbell
Represented By: John D LaDue
Represented By: LeAnn Sanders
Represented By: Theodore E O'Reilly
Represented By: Tarifa Belle Laddon
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Plaintiff: Scott Nicolaisen
Represented By: Andrew J Cross
Represented By: Jeffrey J Lowe PHV
Represented By: Don Springmeyer
Represented By: Jordan J Butler
Represented By: Douglas M. Cohen
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