DeLuca v. Biomet, Inc. et al
Plaintiff: Racci DeLuca
Defendant: Biomet Orthopedics, LLC, Biomet, Inc., Biomet U.S. Reconstruction LLC and Biomet Manufacturing, LLC
Case Number: 1:2019cv00181
Filed: March 4, 2019
Court: US District Court for the District of New Mexico
Presiding Judge: Laura Fashing
Referring Judge: Kenneth J Gonzales
2 Judge: Kirtan Khalsa
Nature of Suit: Personal Injury: Health Care/Pharmaceutical PI Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 2, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 2, 2019 Filing 64 Joint Status Report by Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction LLC, Biomet, Inc. (Thomas, Krystle)
April 18, 2019 Opinion or Order Filing 63 INITIAL SCHEDULING ORDER by Magistrate Judge Laura Fashing. Joint Status Report and Provisional Discovery Plan due by 5/2/2019. Scheduling Conference set for 5/9/2019 at 10:00 AM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing. (ccp)
April 18, 2019 Filing 62 Clerk's Minutes for proceedings held before Magistrate Judge Laura Fashing: Status Conference held on 4/18/2019. (ccp)
April 2, 2019 Filing 61 NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: No. 59. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg)
March 29, 2019 Filing 60 PLEASE TAKE NOTICE that this case has been reassigned to District Judge Kenneth J. Gonzales as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge Kirtan Khalsa no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (khs)
March 29, 2019 Filing 58 NOTICE by Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction LLC, Biomet, Inc. of Entry of Appearance and Certificate of Good Standing (Thomas, Krystle)
March 29, 2019 Filing 57 NOTICE of Appearance by Krystle A Thomas on behalf of All Defendants (Thomas, Krystle)
March 28, 2019 Filing 56 ASSOCIATION of Attorney Licensed Outside the District for Defendants Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction LLC, Biomet, Inc. by Theodore O'Reilly (Association Dues - Online Payment) (O'Reilly, Theodore)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
March 28, 2019 Filing 55 ASSOCIATION of Attorney Licensed Outside the District for Defendants Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction LLC, Biomet, Inc. by Tarifa Laddon (Association Dues - Online Payment) (Laddon, Tarifa)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
March 28, 2019 Association Dues Received: $ 100 receipt number 1084-6360569 re: # 56 Association of Attorney Licensed Outside the District, filed by Biomet, Inc., Biomet Manufacturing, LLC, Biomet U.S. Reconstruction LLC, Biomet Orthopedics, LLC (Payment made via Pay.gov)(O'Reilly, Theodore)
March 28, 2019 Association Dues Received: $ 100 receipt number 1084-6360559 re: # 55 Association of Attorney Licensed Outside the District, filed by Biomet, Inc., Biomet Manufacturing, LLC, Biomet U.S. Reconstruction LLC, Biomet Orthopedics, LLC (Payment made via Pay.gov)(Laddon, Tarifa)
March 22, 2019 Opinion or Order Filing 54 ORDER by Magistrate Judge Laura Fashing setting a telephonic Status Conference for 4/18/2019 at 10:00 AM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing. (pv)
March 20, 2019 Filing 53 NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge no later than 10 days from the entry of this notice unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (cda)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
March 5, 2019 Filing 52 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Kirtan Khalsa to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
March 5, 2019 Filing 51 Case transferred in from District of Indiana Northern; Case Number 3:17-cv-00643. Original file certified copy of transfer order and docket sheet received. (kg)
March 5, 2019 United States Magistrate Judge Kirtan Khalsa and United States Magistrate Judge Laura Fashing assigned. (jg)
February 22, 2019 Opinion or Order Filing 50 GROUP 3 TRANSFER ORDER 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 New Mexico, Northern Division. Signed by Judge Robert L Miller, Jr on 2/22/19. (jld) [Transferred from Indiana Northern on 3/5/2019.]
January 10, 2019 Opinion or Order Filing 49 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 3/5/2019.]
January 10, 2019 Filing 48 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 3/5/2019.]
January 7, 2019 Opinion or Order Filing 47 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 3/5/2019.]
November 19, 2018 Filing 46 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 3/5/2019.]
November 9, 2018 Opinion or Order Filing 45 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 3/5/2019.]
October 15, 2018 Opinion or Order Filing 44 ORDER Plaintiffs' Steering Committee and Biomet Defendants are to file a brief joint report by 10/29/2018 providing the status of the listed cases omitted from proposed Remand Group 2; Plaintiffs' Steering Committee and Biomet Defendants are to file a brief joint report by 10/29/2018 identifying the proposed deadlines for Discovery Group 7 and status for the omitted cases for proposed Discovery Group 7; the parties in 3;16cv548 are directed to brief the venue dispute. Plaintiff's Brief due by 10/26/2018. Defendants' Response to be filed by 11/9/2018. Signed by Judge Robert L Miller, Jr on 10/15/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/5/2019.]
October 1, 2018 Opinion or Order Filing 43 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 3/5/2019.]
September 24, 2018 Opinion or Order Filing 38 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 3/5/2019.]
September 21, 2018 Opinion or Order Filing 37 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 3/5/2019.]
September 19, 2018 Opinion or Order Filing 36 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 3/5/2019.]
September 19, 2018 Filing 35 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 3/5/2019.]
September 18, 2018 Filing 42 NOTICE of Appearance by Adrienne Franco Busby on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 3/5/2019.]
September 18, 2018 Filing 41 NOTICE of Appearance by Stephanie N Russo on behalf of Biomet Orthopedics, LLC, Biomet, Inc.(ksc) [Transferred from Indiana Northern on 3/5/2019.]
September 18, 2018 Filing 40 NOTICE of Appearance by Andrew L Campbell on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 3/5/2019.]
September 18, 2018 Filing 39 NOTICE of Appearance by J Joseph Tanner on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 3/5/2019.]
September 12, 2018 Opinion or Order Filing 34 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 3/5/2019.]
September 6, 2018 Opinion or Order Filing 33 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 3/5/2019.]
September 6, 2018 Filing 32 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 3/5/2019.]
August 24, 2018 Opinion or Order Filing 31 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 3/5/2019.]
August 16, 2018 Opinion or Order Filing 30 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 3/5/2019.]
July 26, 2018 Opinion or Order Filing 29 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 3/5/2019.]
July 18, 2018 Filing 28 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 3/5/2019.]
July 12, 2018 Opinion or Order Filing 27 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 3/5/2019.]
May 29, 2018 Filing 26 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 3/5/2019.]
May 17, 2018 Filing 25 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 3/5/2019.]
May 9, 2018 Opinion or Order Filing 24 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 3/5/2019.]
April 23, 2018 Opinion or Order Filing 23 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 3/5/2019.]
April 17, 2018 Filing 22 NOTICE of Appearance by Katherine A Kiziah PHV on behalf of Racci DeLuca (Kiziah PHV, Katherine) [Transferred from Indiana Northern on 3/5/2019.]
April 10, 2018 Opinion or Order Filing 21 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 3/5/2019.]
March 29, 2018 Opinion or Order Filing 20 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 3/5/2019.]
March 26, 2018 Opinion or Order Filing 19 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 3/5/2019.]
March 14, 2018 Opinion or Order Filing 18 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 3/5/2019.]
March 12, 2018 Filing 17 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 3/5/2019.]
February 8, 2018 Opinion or Order Filing 16 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 3/5/2019.]
February 1, 2018 Opinion or Order Filing 15 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 3/5/2019.]
January 30, 2018 Filing 14 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 3/5/2019.]
January 25, 2018 Opinion or Order Filing 13 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 3/5/2019.]
December 21, 2017 Filing 12 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 3/5/2019.]
December 18, 2017 Opinion or Order Filing 11 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 3/5/2019.]
December 12, 2017 Opinion or Order Filing 10 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 3/5/2019.]
October 31, 2017 Filing 9 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 3/5/2019.]
October 26, 2017 Filing 8 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 3/5/2019.]
October 23, 2017 Opinion or Order Filing 7 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 3/5/2019.]
August 28, 2017 Opinion or Order Filing 6 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 3/5/2019.]
August 28, 2017 Filing 5 NOTICE of Appearance by Erin Linder Hanig on behalf of Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. (Hanig, Erin) [Transferred from Indiana Northern on 3/5/2019.]
August 28, 2017 Filing 4 NOTICE of Appearance by John D LaDue on behalf of Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. (LaDue, John) [Transferred from Indiana Northern on 3/5/2019.]
August 21, 2017 Judge Robert L Miller, Jr and Magistrate Judge Michael G Gotsch, Sr added. (NEW CASE) (jld) [Transferred from Indiana Northern on 3/5/2019.]
August 18, 2017 Filing 3 NOTICE by Racci DeLuca of Related Cases (Fulmer PHV, Brenda) [Transferred from Indiana Northern on 3/5/2019.]
August 18, 2017 Opinion or Order Filing 2 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 3/5/2019.]
August 17, 2017 Filing 1 COMPLAINT with JURY DEMAND against Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc.( Filing fee $ 400 receipt number 0755-3332334.), filed by Racci DeLuca. (Attachments: #1 Civil Cover Sheet)(Fulmer PHV, Brenda) [Transferred from Indiana Northern on 3/5/2019.]

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New Mexico District Court's Electronic Court Filings (ECF) System

Search for this case: DeLuca v. Biomet, Inc. et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
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: Nelson Franse
Represented By: Krystle A Thomas
Represented By: Tarifa Laddon
Represented By: Theodore O'Reilly
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
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: Nelson Franse
Represented By: Krystle A Thomas
Represented By: Tarifa Laddon
Represented By: Theodore O'Reilly
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Biomet U.S. Reconstruction LLC
Represented By: Erin Linder Hanig
Represented By: John D LaDue
Represented By: Nelson Franse
Represented By: Krystle A Thomas
Represented By: Tarifa Laddon
Represented By: Theodore O'Reilly
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Biomet Manufacturing, LLC
Represented By: Erin Linder Hanig
Represented By: John D LaDue
Represented By: Nelson Franse
Represented By: Krystle A Thomas
Represented By: Tarifa Laddon
Represented By: Theodore O'Reilly
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Racci DeLuca
Represented By: Brenda S Fulmer PHV
Represented By: Katherine A Kiziah PHV
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?