BRYCE et al v. BIOMET INC. et al
CHARLES BRYCE and MAUREEN O. BRYCE |
BIOMET INC., BIOMET MANUFACTURING CORP., BIOMET ORTHOPEDICS LLC, ABC-XYZ COMPANY, Zimmer Biomet, JOHN DOE(S) I-X and BIOMET U.S. RECONSTRUCTION LLC |
3:2019cv08755 |
March 19, 2019 |
US District Court for the District of New Jersey |
Tonianne J Bongiovanni |
Freda L Wolfson |
Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
28 U.S.C. § 1441 |
Both |
Docket Report
This docket was last retrieved on March 20, 2019. A more recent docket listing may be available from PACER.
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Filing 67 MDL Documents received. (Attachments: #1 317cv417 cert docket sheet, #2 Suggestion of Remand, #3 Exhibit re Remand Record Stipulation - Documents, #4 Exhibit re Remand Record Stipulation - Transcripts)(jjc, ) |
Judge Freda L. Wolfson and Magistrate Judge Tonianne J. Bongiovanni added. (jjc, ) |
Filing 66 Certified Copy of Transfer Order and docket received, Case transferred in from District of Indiana Northern; Case Number 3:17-cv-00417. Original file certified copy of transfer order and docket sheet received. |
Filing 65 CONDITIONAL REMAND ORDER remanding case to the District of New Jersey. Signed by Jeffery N Luthi, Clerk of the Panel on 3/11/19. (jld) |
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Filing 63 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) |
Filing 62 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) |
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Filing 59 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). |
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Filing 57 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). |
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Filing 47 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) |
Filing 54 NOTICE of Appearance by Adrienne Franco Busby on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) |
Filing 53 NOTICE of Appearance by Stephanie N Russo on behalf of Biomet Orthopedics, LLC, Biomet, Inc.(ksc) |
Filing 52 NOTICE of Appearance by Andrew L Campbell on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) |
Filing 51 NOTICE of Appearance by J Joseph Tanner on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) |
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Filing 44 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) |
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Filing 40 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) |
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Filing 38 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) |
Filing 37 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) |
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Filing 30 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) |
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Filing 27 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) |
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Filing 25 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) |
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Filing 22 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) |
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Filing 19 Application for Attorney Michelle M. Bufano to Appear Pro Hac Vice on behalf of Defendants Biomet, Inc., Zimmer Biomet, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet Manufacturing LLC. (MDL-PHV Temporary Login, ) |
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Filing 13 ANSWER to Complaint by Biomet Inc, Biomet Manufacturing Corp, Biomet Orthopedics LLC, Biomet US Reconstruction LLC, Zimmer Biomet.(Hanig, Erin) |
Filing 12 NOTICE of Appearance by John D LaDue on behalf of Biomet Inc, Biomet Manufacturing Corp, Biomet Orthopedics LLC, Biomet US Reconstruction LLC, Zimmer Biomet (LaDue, John) |
Filing 11 NOTICE of Appearance by Erin Linder Hanig on behalf of Biomet Inc, Biomet Manufacturing Corp, Biomet Orthopedics LLC, Biomet US Reconstruction LLC, Zimmer Biomet (Hanig, Erin) |
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Filing 9 Application for Attorney Frank S. Gaudio, Esq. to Appear Pro Hac Vice on behalf of Maureen O. Bryce and Charles Bryce. (MDL-PHV Temporary Login, ) |
Filing 7 Case transferred in from District of New Jersey; Case Number 3:17-cv-03433. Original file and docket sheet received. |
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Clerk`s Text Order - The document #5 Application for Clerk's Order to Ext Answer/Proposed Order submitted by BIOMET U.S. RECONSTRUCTION, LLC, ZIMMER BIOMET, BIOMET ORTHOPEDICS, LLC, BIOMET MANUFACTURING CORP., BIOMET, INC. has been GRANTED. The answer due date has been set for 6/5/2017. (seb) [Transferred from New Jersey on 5/31/2017.] |
Filing 5 Application and Proposed Order for Clerk's Order to extend time to answer as to Application for Extension of Time to Answer, Move, or Otherwise Reply to the Complaint.. (BUFANO, MICHELLE) [Transferred from New Jersey on 5/31/2017.] |
Filing 4 AFFIDAVIT of Service for Notice of Removal with Exhibit A; Civil Cover Sheet; Defendants' Corporate Disclosure Statement; and Order Scheduling Conference served on Miller & Guadio P.C. on 5/16/2017, filed by BIOMET MANUFACTURING CORP., BIOMET ORTHOPEDICS, LLC, BIOMET U.S. RECONSTRUCTION, LLC, BIOMET, INC., ZIMMER BIOMET. (BUFANO, MICHELLE) [Transferred from New Jersey on 5/31/2017.] |
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Filing 2 Corporate Disclosure Statement by BIOMET MANUFACTURING CORP., BIOMET ORTHOPEDICS, LLC, BIOMET U.S. RECONSTRUCTION, LLC, BIOMET, INC., ZIMMER BIOMET identifying LVB ACQUISITION, INC. as Corporate Parent.. (jem) [Transferred from New Jersey on 5/31/2017.] |
Filing 1 NOTICE OF REMOVAL by BIOMET U.S. RECONSTRUCTION, LLC, ZIMMER BIOMET, BIOMET ORTHOPEDICS, LLC, BIOMET MANUFACTURING CORP., BIOMET, INC. from SUPERIOR COURT OF NEW JERSEY, MONMOUTH COUNTY, case number MON-L1280-17. ( Filing and Admin fee $ 400 receipt number 7837757), filed by BIOMET U.S. RECONSTRUCTION, LLC, ZIMMER BIOMET, BIOMET ORTHOPEDICS, LLC, BIOMET MANUFACTURING CORP., BIOMET, INC.. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(jem) [Transferred from New Jersey on 5/31/2017.] |
Filing 8 STATE COURT COMPLAINT with Jury Demand against Abc-Xyz Company, Biomet Inc, Biomet Manufacturing Corp, Biomet Orthopedics LLC, Biomet US Reconstruction LLC, John Does I-X, Zimmer Biomet, filed by Charles Bryce, Maureen O. Bryce in Superior Court of New Jersey Monmouth County. (Attachments: #1 Case Information Statement, #2 Summons)(jld) |
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