Justia Dockets & Filings Fourth Circuit North Carolina Western District Clifford et al v. Biomet Orthopedics LLC et al

Clifford et al v. Biomet Orthopedics LLC et al

Plaintiff:	Lynne Clifford and Thomas R Clifford
Defendant:	Biomet Manufacturing Corp., Biomet U.S. Reconstruction, LLC, Biomet Inc and Biomet Orthopedics, LLC
Case Number:	3:2019cv00107
Filed:	March 4, 2019
Court:	US District Court for the Western District of North Carolina
Presiding Judge:	David Keesler
Referring Judge:	Graham Mullen
2 Judge:	Frank D Whitney
Nature of Suit:	Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action:	28:1332
Jury Demanded By:	Both

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Docket Report

This docket was last retrieved on April 11, 2019. A more recent docket listing may be available from PACER.

Date Filed	Document Text
April 11, 2019	Filing 143 Pretrial Order and Case Management Plan : Estimated Trial Time: 10 - 12 days. Discovery due by 9/27/2019. Motions due by 10/25/2019. Mediation deadline set for 10/11/2019. Jury Trial set for 1/6/2020 09:01 AM in Courtroom 1-1, 401 W Trade St, Charlotte, NC 28202 before Chief Judge Frank D. Whitney.. Signed by Chief Judge Frank D. Whitney on 4/11/19. (clc)
April 3, 2019	Filing 142 CERTIFICATION of initial attorney conference and discovery plan (Drew, Erica)
March 18, 2019	Clerk's Entry and Service of #Initial Scheduling Order and #Certificate of Initial Attorney FRCP 26(f) Conference Form pursuant to the Standing Order Governing Civil Case Management before the Honorable Frank D. Whitney (3:07-mc-47 (Doc. No. 2)). The parties are directed to click on the link above to retrieve the Order. (eef)
March 18, 2019	Case reassigned to Chief Judge Frank D. Whitney and Magistrate Judge David Keesler. Senior Judge Graham Mullen no longer assigned to the case. This is your only notice - you will not receive a separate document.(eef)
March 12, 2019	Notice to Alex C. Davis: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 3/19/2019. (jaw)
March 12, 2019	Notice to Matthew T. Albaugh: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 3/19/2019. (jaw)
March 12, 2019	Filing 141 ORDER Granting #138 Motion for Leave to Appear Pro Hac Vice added Alex C. Davis for Thomas R Clifford and Lynne Clifford. Signed by Senior Judge Graham Mullen on 3/12/2019. (jaw)
March 12, 2019	Filing 140 ORDER Granting #136 Motion for Leave to Appear Pro Hac Vice added Matthew T. Albaugh for Biomet Inc, Biomet Manufacturing Corp., Biomet Orthopedics, LLC, and Biomet U.S. Reconstruction, LLC. Signed by Senior Judge Graham Mullen on 3/12/2019. (jaw)
March 12, 2019	Notice to Erica Kay Drew: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 3/19/2019. (jaw) Modified text on 3/12/2019 (eef).
March 12, 2019	Filing 139 ORDER Granting #135 Motion for Leave to Appear Pro Hac Vice added Erica Kay Drew for Biomet Inc, Biomet Manufacturing Corp., Biomet Orthopedics, LLC, and Biomet U.S. Reconstruction, LLC. Signed by Senior Judge Graham Mullen on 3/12/2019. (jaw) Modified text on 3/12/2019 (eef). (Main Document 139 replaced on 3/12/2019) (eef).
March 11, 2019	Filing 138 MOTION for Leave to Appear Pro Hac Vice as to Alex C. Davis Filing fee $ 281, receipt number 0419-3964440. by Lynne Clifford, Thomas R Clifford. (Butcher, Whitney)
March 11, 2019	Filing 137 NOTICE of Appearance by Kristen J. Kenley on behalf of All Defendants (Kenley, Kristen)
March 11, 2019	Filing 136 MOTION for Leave to Appear Pro Hac Vice as to Matthew Thomas Albaugh Filing fee $ 281, receipt number 0419-3964300. by Biomet Inc, Biomet Manufacturing Corp., Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC. (Peralta, Paul)
March 11, 2019	Filing 135 MOTION for Leave to Appear Pro Hac Vice as to Erica Kay Drew Filing fee $ 281, receipt number 0419-3964285. by Biomet Inc, Biomet Manufacturing Corp., Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC. (Peralta, Paul)
March 11, 2019	Filing 134 NOTICE of Appearance by Paul Javier Peralta on behalf of All Defendants (Peralta, Paul)
March 8, 2019	Filing 133 NOTICE of Appearance by Whitney Jo Butcher on behalf of All Plaintiffs (Butcher, Whitney)
March 4, 2019	Notice to Alexander C Davis, Adrienne Franco Busby, Andrew L Campbell, Erin Linder Hanig, J Joseph Tanner, John D LaDue: Pursuant to Local Rule 83.1 you are required to Associate local counsel and File a motion pro hac vice. Deadline by 3/11/2019. (rth)
March 4, 2019	Case assigned to Senior Judge Graham Mullen. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(rth)
March 4, 2019	Filing 132 Case transferred in from District of Indiana Northern; Case Number 3:15-cv-00540. Original electronic file and docket sheet received.
February 22, 2019	Filing 131 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 Western District of North Carolina, Charlotte Division. Signed by Judge Robert L Miller, Jr on 2/22/19. (jld) [Transferred from Indiana Northern on 3/4/2019.]
January 10, 2019	Filing 130 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 3/4/2019.]
January 10, 2019	Filing 129 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 3/4/2019.]
January 7, 2019	Filing 128 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 3/4/2019.]
January 3, 2019	Filing 127 OPINION AND ORDER The motions for summary judgment are DENIED without prejudice to filing in the court in which the case would be tried: Wohlleber [Doc. No. 169 in 3:14cv2002], Clifford [Doc. No. 100 in 3:15cv540], Chapman [Doc. No. 31 in 3:16cv871], Hughes [Doc. No. 26 in 3:17cv455], Little [Doc. No. 24 in 3:17cv507], McGinnis [Doc. No. 24 in 3:17cv509], and Wise [Doc. No. 24 in 3:17cv603]. Signed by Judge Robert L Miller, Jr on 1/3/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
November 19, 2018	Filing 126 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 3/4/2019.]
November 9, 2018	Filing 125 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 3/4/2019.]
October 1, 2018	Filing 124 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 3/4/2019.]
September 24, 2018	Filing 119 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 3/4/2019.]
September 21, 2018	Filing 118 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 3/4/2019.]
September 19, 2018	Filing 117 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 3/4/2019.]
September 19, 2018	Filing 116 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 3/4/2019.]
September 18, 2018	Filing 123 NOTICE of Appearance by Adrienne Franco Busby on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 3/4/2019.]
September 18, 2018	Filing 122 NOTICE of Appearance by Stephanie N Russo on behalf of Biomet Orthopedics, LLC, Biomet, Inc(ksc) [Transferred from Indiana Northern on 3/4/2019.]
September 18, 2018	Filing 121 NOTICE of Appearance by Andrew L Campbell on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 3/4/2019.]
September 18, 2018	Filing 120 NOTICE of Appearance by J Joseph Tanner on behalf of Biomet Orthopedics, LLC, Biomet, Inc. (ksc) [Transferred from Indiana Northern on 3/4/2019.]
September 12, 2018	Filing 115 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 3/4/2019.]
September 6, 2018	Filing 114 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 3/4/2019.]
September 6, 2018	Filing 113 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 3/4/2019.]
August 24, 2018	Filing 112 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 3/4/2019.]
August 16, 2018	Filing 111 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 3/4/2019.]
July 26, 2018	Filing 110 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 3/4/2019.]
July 18, 2018	Filing 109 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 3/4/2019.]
July 12, 2018	Filing 108 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 3/4/2019.]
June 7, 2018	Filing 107 REPLY to Response to Motion re #100 MOTION for Summary Judgment on the Statute of Repose filed by Biomet Manufacturing Corp., Biomet Orthopedics LLC, Biomet U.S. Reconstruction LLC, Biomet, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hanig, Erin) [Transferred from Indiana Northern on 3/4/2019.]
May 29, 2018	Filing 106 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 3/4/2019.]
May 27, 2018	Filing 105 RESPONSE to Motion re #100 MOTION for Summary Judgment on the Statute of Repose filed by Lynne Clifford, Thomas R Clifford. (Davis PHV, Alexander) [Transferred from Indiana Northern on 3/4/2019.]
May 17, 2018	Filing 104 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 3/4/2019.]
May 9, 2018	Filing 103 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 3/4/2019.]
April 27, 2018	Filing 102 APPENDIX to #101 Memorandum in Support of Motion for Summary Judgment on the Statute of Repose by Biomet Manufacturing Corp., Biomet Orthopedics LLC, Biomet U.S. Reconstruction LLC, Biomet, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hanig, Erin) [Transferred from Indiana Northern on 3/4/2019.]
April 27, 2018	Filing 101 MEMORANDUM in Support of #100 MOTION for Summary Judgment on the Statute of Repose filed by Biomet Manufacturing Corp., Biomet Orthopedics LLC, Biomet U.S. Reconstruction LLC, Biomet, Inc.. (Hanig, Erin) [Transferred from Indiana Northern on 3/4/2019.]
April 27, 2018	Filing 100 MOTION for Summary Judgment on the Statute of Repose by Defendants Biomet Manufacturing Corp., Biomet Orthopedics LLC, Biomet U.S. Reconstruction LLC, Biomet, Inc.. (Hanig, Erin) [Transferred from Indiana Northern on 3/4/2019.]
April 23, 2018	Filing 99 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 3/4/2019.]
April 10, 2018	Filing 98 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 3/4/2019.]
March 29, 2018	Filing 97 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 3/4/2019.]
March 26, 2018	Filing 96 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 3/4/2019.]
March 14, 2018	Filing 95 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 3/4/2019.]
March 12, 2018	Filing 94 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 3/4/2019.]
February 8, 2018	Filing 93 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 3/4/2019.]
February 1, 2018	Filing 92 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 3/4/2019.]
January 30, 2018	Filing 91 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 3/4/2019.]
January 25, 2018	Filing 90 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 3/4/2019.]
January 8, 2018	Filing 89 ORDER The Joint Motion to Amend Group 5 Case List 3491 is GRANTED, and the the pool of cases listed on Amended Exhibit A is SUBSTITUTED as Group 5 for case-specific discovery. Signed by Judge Robert L Miller, Jr on 1/8/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
December 21, 2017	Filing 88 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 3/4/2019.]
December 18, 2017	Filing 87 ORDER ACTIVATING GROUP 5 DISCOVERY Identifies cases to be included in Group 5 for purposes of case-specific discovery and related deadlines. Completed and updated medical records authorizations to be provided to Biomet by 2/2/2018. Case-specific Discovery deadline is 9/14/2018.. Signed by Judge Robert L Miller, Jr on 12/18/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
December 18, 2017	Filing 86 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 3/4/2019.]
December 12, 2017	Filing 85 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 3/4/2019.]
October 26, 2017	Filing 84 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 3/4/2019.]
October 23, 2017	Filing 83 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 3/4/2019.]
August 28, 2017	Filing 82 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 3/4/2019.]
August 18, 2017	Filing 81 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 3/4/2019.]
July 14, 2017	Filing 80 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 3/4/2019.]
July 10, 2017	Filing 79 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 3/4/2019.]
June 15, 2017	Filing 78 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 3/4/2019.]
April 28, 2017	Set Hearings: Status Conference set for 7/13/2017 09:30 AM in US District Court - South Bend before Judge Robert L Miller Jr. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
April 28, 2017	Filing 77 MEMORANDUM AND ORDER FOR APRIL 24, 2017 PRO SE HEARING AND STATUS CONFERENCE Brenda Fulmer appeared for the plaintiffs; John Winter, John LaDue, and Erin Linder Hanig appeared for the defendants. Topics addressed included the pro se and Metal-on-Polyethylene (MoP) cases, active case count, status of discovery in Groups 3 and 4, and pending motions with actions taken in specific case as set forth in the Order. The next status conference is set for 7/13/2017 at 9:30 am (EDT). Signed by Judge Robert L Miller, Jr on 4/28/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
April 24, 2017	Filing 76 STATUS CONFERENCE held on 4/24/2017 before Judge Robert L Miller, Jr. Plas appeared by atty Brenda Fulmer. Dfts appeared by atty John Winter, John LaDue, and Erin Hanig. Roland Jarquio appears on behalf of Nabileh & Ramon Jarquio (3:13cv933). The Court hears from parties. A Status Conference is set for 7/13/2017 at 9:30 AM (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 3/4/2019.]
April 21, 2017	Filing 75 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the April 24, 2017 telephonic status conference at 1:30 p.m. (E.D.T.). Signed by Judge Robert L Miller, Jr on 4/21/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
March 28, 2017	Filing 74 TELEPHONE CONFERENCE held on 3/28/2017 before Judge Robert L Miller, Jr. Pla appeared by atty Ahmed Diab, Brenda Fulmer, and Justin Presnal. Dft appeared by atty John Winter, Erin Hanig, and John LaDue. The parties advised the court on the status of active/unresolved cases and discovery; indicated that they had reached an agreement regarding the composition of Group 4 for discovery purposes and would be submitting a proposed order by early April, with scheduling deadlines to be determined by the court; and confirmed that the hearing regarding management of the remaining pro se cases would proceed as scheduled on April 24, 2017 at 1:30 p.m. (EDT). The court set the next status conference for April 24, 2017, following the pro se case management hearing. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
March 23, 2017	Filing 73 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the March 28, 2017 telephonic status conference at 1:30 p.m. (E.D.T.). Signed by Judge Robert L Miller, Jr on 3/23/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
February 23, 2017	Filing 72 ORDER On the courts own motion and without objection, the telephonic status conference currently set for February 27, 2017 is RESET for Tuesday, March 28, 2017, at 1:30 p.m. (E.D.T.). Signed by Judge Robert L Miller, Jr on 2/23/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
December 15, 2016	Filing 71 MEMORANDUM AND ORDER FOR DECEMBER 15, 2016 STATUS CONFERENCE Summary of topics discussed and action taken. Next status conference set for 2/27/2017 09:30 AM in US District Court - South Bend before Judge Robert L Miller Jr. Signed by Judge Robert L Miller, Jr on 12/15/16. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 3/4/2019.]
November 28, 2016	Filing 70 MEMORANDUM AND ORDER FOR NOVEMBER 7, 2016 STATUS CONFERENCE Summary of topics discussed. Parties to submit proposed scheduling order re: Group 3 by Nov 11. Next status conference set for December 15, 2016 at 9:00 a.m. (E.S.T.). Signed by Judge Robert L Miller, Jr on 11/28/16. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
November 28, 2016	Filing 69 NOTICE of Change of Address/Contact Information Associated Cases: 3:12-md-02391-RLM-MGG et al.(Hanig, Erin) [Transferred from Indiana Northern on 3/4/2019.]
November 15, 2016	Filing 68 ORDER RE: GROUP 3, MANAGEMENT OF PRO SE CASES, AND STATE COURT COORDINATION I OVERRULE the objection to including the Gearon case in Group 3; GRANT the motion (DE 121 in 3:15cv13) to include the Zamora case in Group 3; DECLINE to order inclusion of the ten year cases in Group 3; and propose to issue a modified Lone Pine order and letter to state judges. If no suggestions for improvement are received by November 23, I will issue the Lone Pine order and direct the letters to be sent. Signed by Judge Robert L Miller, Jr on 11/15/16. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
November 7, 2016	Filing 67 STATUS CONFERENCE held on 11/7/2016 before Judge Robert L Miller, Jr. Plaintiffs appeared by atty B. Fulmer, N. Ward, A. Diab (by phone), J. Ward (by phone). Defendants appeared by atty J. Winter, J. LaDue, E. Hanig, J. Kashman. Court hears from parties. A Telephonic Status Conference is set for 12/15/2016 at 9:00 AM (EST) 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 3/4/2019.]
October 28, 2016	Filing 66 ORDER : GRANTING 3225 PSCII's unopposed Motion to Appoint a Second Escrow Agent and Fee Committee. Signed by Judge Robert L Miller, Jr on 10/28/16. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
October 6, 2016	Filing 65 ORDER The Plaintiffs' Steering Committee and Biomet are invited to provide a brief explanation for its recommendation regarding the cases to be included in Group 3. The ruling on the joint request to activate Group 3 is DEFERRED until 10/28/2016. Signed by Judge Robert L Miller, Jr on 10/6/16. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
October 6, 2016	Filing 64 ORDER The court will DEFER ruling on the Plaintiffs Steering Committee's Motion to Appoint a Second Escrow Agent and Fee Committee ( 3225 in 3:12md2391) until 10/27/2016 to afford the individual plaintiffs time to respond or object to the motion. Signed by Judge Robert L Miller, Jr on 10/6/2016. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
September 2, 2016	Magistrate Judge Michael G Gotsch, Sr added. Magistrate Judge Christopher A Nuechterlein no longer assigned to case. (slm) [Transferred from Indiana Northern on 3/4/2019.]
August 31, 2016	Filing 63 ORDER Plaintiffs' Steering Committee to submit proposed order re: appointment of Escrow Agent by Sep 23, 2016. Signed by Judge Robert L Miller, Jr on 8/31/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
August 31, 2016	Filing 62 ORDER Parties shall have until Sep 23, 2016 to confer, identify for the court which, if any, of the cases listed in Exhibit A should be designated as active and unsettled, and submit a proposal regarding disposition of the remaining cases. Signed by Judge Robert L Miller, Jr on 8/31/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
August 31, 2016	Filing 61 MEMORANDUM AND ORDER FOR AUGUST 29, 2016 STATUS CONFERENCE Summary of topics discussed. Parties to submit proposed list of cases to be included in Group 3 for case-specific discovery purposes. PSCII to submit alternative to Lone Pine order in pro se cases within 30 days; Biomet's response due 30 days after receipt. Parties to confer and submit proposed second show cause order. Ruling on Biomet's request to issue state court coordination letter 3172 deferred. Next status conference set for November 7, 2016 at 1:30 p.m. (E.S.T.). Signed by Judge Robert L Miller, Jr on 8/31/2016. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
August 29, 2016	Filing 60 TELEPHONIC STATUS CONFERENCE held on 8/29/2016 before Judge Robert L Miller, Jr. Pla appeared by atty B. Fulmer, J. Presnal, N. Ward, A. Davis, and K. Barton for A. Diab. Dft appeared by atty J. Winter, J. LaDue, and E. Hanig. The Court hears from parties. Status Conference set for 11/7/2016 at 1:30 PM (EST) 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-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
August 25, 2016	Filing 59 ORDER CONCERNING REMOTE ATTENDANCE AT 8/29/16 STATUS CONFERENCE Call-in information for August 29, 2016 hearing at 11:00 a.m. (EDT). Signed by Judge Robert L Miller, Jr on 8/25/2016. Associated Cases: 3:12-md-02391-RLM-CAN et al.(lns) [Transferred from Indiana Northern on 3/4/2019.]
August 17, 2016	Filing 58 ORDER: The court VACATES the referral to Magistrate Judge Nuechterlein, and REFERS this matter to Magistrate Judge Michael Gotsch to determine any pretrial matters and to conduct such proceedings as are required, and, when appropriate, to enter into the record proposed findings of fact and recommendations for the disposition of this case, pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Local Rule 72-1. Signed by Judge Robert L Miller, Jr on 8/17/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
August 10, 2016	Filing 57 TELEPHONIC HEARING on PSC's request to extend custodial depositions deadline was held on 8/10/2016 before Judge Robert L Miller, Jr. Pla appeared by atty A. Diab, N. Ward, J. Presnall. Dft appeared by atty J. LaDue, E. Hanig. Arguments heard. For the reasons stated in open court the request to extend the deadline is DENIED. If previously undisclosed documents are produced in the Florida case that would justify reopening a deposition, the court will entertain a motion to reopen and to assess costs. SO ORDERED. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
August 4, 2016	Filing 56 ORDER CONCERNING REMOTE ATTENDANCE AT 8/10/16 DISCOVERY HEARING Call-in information for August 10, 2016 hearing at 1:30 p.m. (E.D.T.).. Signed by Judge Robert L Miller, Jr on 8/4/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
July 28, 2016	Filing 55 ORDER On the court's own motion, the telephonic status conference on 8/29/2016 is RESET for 11:00 AM (EDT) This is a time change only. Signed by Judge Robert L Miller, Jr on 7/28/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
July 28, 2016	Filing 54 ORDER The parties have advised the court that there are no disputed issues regarding discovery. Accordingly the July 28, 2016 telephonic hearing is VACATED. Signed by Judge Robert L Miller, Jr on 7/28/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
July 26, 2016	Filing 53 RESPONSE to Motion re (3172 in 3:12-md-02391-RLM-CAN) MOTION Requesting Issuance of State Court Coordination Letter filed by Alex C Davis. Associated Cases: 3:12-md-02391-RLM-CAN et al.(Davis PHV, Alexander) [Transferred from Indiana Northern on 3/4/2019.]
July 18, 2016	Filing 52 MEMORANDUM OF 7/14/2016 STATUS CONFERENCE , Following discussion the court set telephonic hearings on 7/28/2016 at 2:00 PM (EDT) and 8/10/2016 at 1:30 PM (EDT)in US District Court - South Bend before Judge Robert L Miller Jr. to resolve any discovery-related issues that may arise; and set a Telephonic Status Conference set for 8/29/2016 at 11:30 AM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Signed by Judge Robert L Miller, Jr on 7/18/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
July 14, 2016	Filing 51 STATUS CONFERENCE held on 7/14/2016 before Judge Robert L Miller, Jr. Pla appeared by atty N. Ward (in person) and A. Diab and B. Fulmer by phone.. Dft appeared by atty E. Hanig (in person) and J. Winter by phone. The court hears from parties. Telephonic Discovery hearings set 7/28/2016 at 2:00 PM (EDT) and 8/10/2016 at 1:30 PM (EDT) before Judge Miller. Status conference set 8/29/2016 at 11:30 AM (EDT) before Judge Miller. Written memorandum to follow. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
July 7, 2016	Filing 50 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for July 14, 2016 status conference at 1:30 PM (EDT). Signed by Judge Robert L Miller, Jr on 7/7/2016. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
July 5, 2016	Filing 49 ORDER The court invites PSC-II to respond to Biomet's 3172 motion and proposed letter within 21 days of the date of this order. Signed by Judge Robert L Miller, Jr on 7/5/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
June 24, 2016	Filing 48 ORDER Neither party has identified a discovery-related issue requiring a hearing. Accordingly the hearing previously set for 6/27/2016 is VACATED. Signed by Judge Robert L Miller, Jr on 6/24/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
June 10, 2016	Filing 47 MEMORANDUM AND ORDER RE: JUNE 6, 2016 TELEPHONIC STATUS CONFERENCE: Summary of topics discussed. By agreement of the parties, the May 31, 2016 order identifying the cases in Group 2 [Doc. No. 3150] is amended (revised list attached). Hearing on any discovery-related issues tentatively set for June 27, 2016 at 1:30 (will be vacated unless the parties notify the court by June 23 that the hearing is necessary and what the issues will be). Next telephonic status conference set for July 14, 2016 at 1:30 p.m. (E.D.T.). Signed by Judge Robert L Miller, Jr on 6/10/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
June 6, 2016	Filing 46 STATUS CONFERENCE held on 6/6/2016 before Judge Robert L Miller, Jr. Pla appeared by atty A. Diab and J. Presnal by phone. Dft appeared by atty J. LaDue, E. Hanig, and J. Winter in person. Court hears from parties. A tentative Discovery Hearing is set for 6/27/2016 at 1:30 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr., Status Conference set for 7/14/2016 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-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
June 3, 2016	Filing 45 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE: Call-in information for June 6, 2016 status conference at 1:30 p.m. (E.D.T.). Signed by Judge Robert L Miller, Jr on 6/3/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
May 26, 2016	Filing 44 ORDER TO SHOW CAUSE The Court AFFORDS the plaintiffs listed on Exhibit A 30 days from the date of this order to show cause why their individual case should not be dismissed with prejudice. Signed by Judge Robert L Miller, Jr on 5/26/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
May 19, 2016	Filing 43 ORDER By agreement of the parties, the May 23, 2016 telephonic hearing on discovery related issues is VACATED as unnecessary. Signed by Judge Robert L Miller, Jr on 5/19/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
May 11, 2016	Filing 42 ORDER: By agreement of the parties the 5/12/2016 hearing on discovery related issues is VACATED as unnecessary. Signed by Judge Robert L Miller, Jr on 5/11/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
April 26, 2016	Filing 40 MEMORANDUM OF APRIL 25, 2016 TELEPHONIC STATUS CONFERENCE Summary of topics discussed. Defendants to submit proposed order re: dismissal of remaining settled/funded cases. Telephonic hearings set for May 12, 2016 at 9:00 am (EDT) and May 23, 2016 at 1:00 pm (EDT) to address discovery related issues, if needed. Next status conference set for June 6, 2016 at 1:30 pm (EDT). Signed by Judge Robert L Miller, Jr on 4/26/2016. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
April 25, 2016	Filing 41 TELEPHONE CONFERENCE held on 4/25/2016 before Judge Robert L Miller, Jr. Pla appeared by atty N. Ward, J. Presnal, B. Fulmer, L. Stevens. Dft appeared by atty J. Winter. Court hears from parties. Telephonic hearings set for May 12, 2016 at 9:00 am (EDT) and May 23, 2016 at 1:00 pm (EDT) to address discovery related issues, if needed. Next status conference set for June 6, 2016 at 1:30 pm (EDT). (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
April 14, 2016	Filing 39 NOTICE REGARDING FUTURE FILINGS To ensure notice is provided to all parties, the court's orders regarding deadlines and events applicable to every case associated with MDL 2391 will be filed in all member cases as well as in 3:12md2391. Filings made by the parties in 3:12md2391 will be available on the court's Case Management/Electronic Case Filing (CM/ECF) system or in the Clerk's Office, but will not be spread to individual cases unless a request is made and approved. Signed by Judge Robert L Miller, Jr on 8/14/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
April 13, 2016	Motion Terminated (3117) Motion to Withdraw as Attorney. Associated Cases: 3:12-md-02391-RLM-CAN et al.(ksc) [Transferred from Indiana Northern on 3/4/2019.]
April 13, 2016	Filing 38 ORDER GRANTING (3117) Motion to Withdraw as Attorney. Attorney Jenya M Moshkovich PHV terminated in case 3:12-md-02391-RLM-CAN. Signed by Judge Robert L Miller, Jr on 4/13/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
April 12, 2016	Filing 37 MOTION to Withdraw as Attorney by In Re Biomet M2a Magnum Hip Implant Products Liability Litigation (MDL 2391). Associated Cases: 3:12-md-02391-RLM-CAN et al.(Moshkovich PHV, Jenya) [Transferred from Indiana Northern on 3/4/2019.]
April 7, 2016	Filing 36 ORDER Based on counsels representation that the parties have reached an agreement regarding the discovery disputes addressed in the courts March 28 memorandum, the hearing scheduled for April 26, 2016 at 9:30 a.m. is VACATED. Signed by Judge Robert L Miller, Jr on 4/7/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
April 4, 2016	HEARING RESET: By agreement of the parties, the hearing previously set for 4/14/16 is RESET to 4/26/2016 at 9:30 AM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) Modified on 4/5/2016 (jld). [Transferred from Indiana Northern on 3/4/2019.]
March 31, 2016	Filing 35 ORDER For all future discovery-related telephonic status conferences the court orders: 1) Parties shall notify the court in writing at least 48 hours in advance of the scheduled conference whether a conference is necessary and if so, the issues to be addressed; and 2) parties shall be responsible for notify its side's attorneys about the conference and arranging the telephonic participation of those attorneys. Signed by Judge Robert L Miller, Jr on 3/31/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
March 31, 2016	Filing 34 MEMORANDUM OF MARCH 31, 2016 STATUS CONFERENCE held before Judge Robert L Miller, Jr. Pla appeared by atty Kyle Bachus, Justin Presnal, and Navan Ward. Dft appeared by atty John LaDue and John Winter. Following discussion, the court: 1) ordered counsel of record in 3:13cv1008 (Jacqueline Jones v. Biomet) and 3:14cv1482 (Mary E Stewart v. Biomet) to product to Biomet through PSC-II proposed deposition dates by 4/15/16; 2) held that if proposed deposition dates are not produced, Biomet may move for sanctions under F.R.C.P. 37(b); and 3) directed PSC-II to ensure that counsel of record in those cases receives notice of this order. (Court Reporter Debra Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
March 16, 2016	Filing 33 MEMORANDUM OF MARCH 14, 2016 STATUS CONFERENCE Summary of topics discussed and action taken. Telephonic hearings set for March 31, 2016 at 9:00 a.m. (EDT) and April 14, 2016 at 9:00 a.m. (EDT) to resolve any future discovery disputes. Next status conference set for April 25, 2016 at 1:30 p.m. (EDT). Signed by Judge Robert L Miller, Jr on 3/16/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
March 14, 2016	Filing 32 STATUS CONFERENCE held on 3/14/2016 before Judge Robert L Miller, Jr. Pla appeared by atty Brenda Fulmer, Jasper Ward, Navan Ward. Dft appeared by atty Blaine Dart, John LaDue, Erin Linder Hanig, John Winter. Discussions held. Court to rule in writing on the parties' discovery dispute. Status Conference set for 4/25/2016 at 1:00 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-CAN et al.(jld) Modified on 3/16/2016 (jld). Modified on 3/17/2016 (jld). [Transferred from Indiana Northern on 3/4/2019.]
March 8, 2016	Filing 31 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE: Call in information for March 14, 2016 status conference at 2:00 PM (EST). Signed by Judge Robert L Miller, Jr on 3/8/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
March 7, 2016	3087 Motion for Discovery terminated in case 3:12-md-2391-RLM-CAN. Associated Cases: 3:12-md-02391-RLM-CAN et al.(ksc) [Transferred from Indiana Northern on 3/4/2019.]
March 7, 2016	3087 Motion for Discovery terminated in case 3:12-md-02391-RLM-CAN Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
March 7, 2016	Filing 30 MOTION for Discovery Plaintiff's Steering Committee Memorandum of the Parties' Dispute Regarding Supplementation of Prior Discovery Requests to Biomet by MDL - Notice Only Navan Ward, Jr. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)Associated Cases: 3:12-md-02391-RLM-CAN et al.(Ward PHV, Navan) [Transferred from Indiana Northern on 3/4/2019.]
March 3, 2016	Filing 29 ORDER The court GRANTS the unopposed motion to remove plaintiff Henry Cook from Group I Class [docket # 92 in 3:15cv77] and DENIES as moot his earlier motion [docket # 88] seeking the same relief.. Signed by Judge Robert L Miller, Jr on 3/3/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
March 2, 2016	Filing 28 DISCOVERY Documents Requested by the Court for March 14 Status Conference by Alex C Davis. (Attachments: #1 Exhibit Plaintiff's First Interrogatories, #2 Exhibit Defendant's Response to First Requests for Production, #3 Exhibit Defendant's Response to First Interrogatories)Associated Cases: 3:12-md-02391-RLM-CAN et al.(Davis PHV, Alexander) [Transferred from Indiana Northern on 3/4/2019.]
February 29, 2016	Filing 27 ORDER At the request of the parties, the March 14, 2016 status conference is converted from a telephonic to a live conference, with lead counsel for both sides to appear in person.. Signed by Judge Robert L Miller, Jr on 2/29/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 3/4/2019.]
February 29, 2016	Filing 26 ORDER RE: PROCEDURE GOVERNING DISCOVERY FOR IN EXTREMIS PLAINTIFFS. Signed by Judge Robert L Miller, Jr on 2/29/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 3/4/2019.]
February 29, 2016	Filing 25 ORDER : Pursuant to the December 21, 2015 scheduling order, the listed cases are included in Group 1 for purposes of case-specific discovery. Signed by Judge Robert L Miller, Jr on 2/29/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
February 24, 2016	Filing 24 ORDER To prepare for the March 14 status conference, parties to provide a copy of the original interrogatories and requests for production that were served on the defendants in 2013 and the defendants' responses to those interrogatories and production requests by 3/4/2016. Signed by Judge Robert L Miller, Jr on 2/24/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
February 17, 2016	Filing 23 ORDER At the request of the parties, the court heard arguments regarding the scope of depositions to be conducted in the statute of limitations and spoliation cases (see Exhibits A and B to the December 21, 2015 scheduling order) and the number of cases listed on Exhibit B. For the reasons stated, the parties were directed to conduct a single, full deposition of the plaintiffs identified in Exhibits A and B, unless the court rules to the contrary in a given case. The court deferred ruling on PSC II's request to remove cases from Exhibit B, until briefing on the anticipated summary judgment motions is completed. Signed by Judge Robert L Miller, Jr on 2/17/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
February 17, 2016	Filing 22 ORDER Biomet to submit a list of the cases that remain active as of 2/1/2016 to help identify which of those cases are to be included in Group 1 for discovery purposes by 2/28/2016. Signed by Judge Robert L Miller, Jr on 2/17/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
February 16, 2016	Filing 21 TELEPHONE CONFERENCE held on 2/16/2016 before Judge Robert L Miller, Jr. Pla appeared by atty N. Ward. Dft appeared by atty J. LaDue and J. Winter. Court hears from parties. Written memorandum to follow. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
February 16, 2016	Filing 20 NOTICE of Hearing: At the request of counsel a telephonic conference was set for Tuesday 2/16/2016 at 2:00 PM in US District Court - South Bend before Judge Robert L Miller Jr. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
February 16, 2016	Filing 19 ORDER Pursuant to paragraphs 7 & 9 of the December 21 scheduling order 3047 , two pools consisting of the oldest cases on the MDL docket and any in extremis cases identified by PSC II or Biomet and approved by the court (Groups 1 & 2) will be activated for case-specific discovery beginning 2/29/2016 and 5/20/2016 respectively. Consistent with that order, the PSC II and Biomet are DIRECTED to confer and, if possible, agree upon the procedures to be followed with respect to any in extremis cases, and to submit their proposal for the court's approval on or before 2/29/2016. Signed by Judge Robert L Miller, Jr on 2/16/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
February 1, 2016	Filing 18 MEMORANDUM OF JANUARY 28, 2016 TELEPHONIC STATUS CONFERENCE Topics of discussion included the number of cases and motions currently pending. Biomet to review list of cases (see attached), identify which cases remain active, and file an updated list in 3:12-MD-2391. Next telephonic status conference set for March 14, 2016 at 2:00 p.m. (E.D.T.). Signed by Senior Judge Robert L Miller, Jr on 2/1/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)[Transferred from Indiana Northern on 3/4/2019.]
January 28, 2016	Filing 17 TELEPHONIC STATUS CONFERENCE held on 1/28/2016 before Judge Robert L Miller, Jr. Pla appeared by atty A. Diab, B. Fulmer, N. Ward. Dft appeared by atty E. Hanig, J. Winter. Court hears from parties. Written memorandum to follow. Telephonic Status Conference set for 3/14/2016 at 2:00 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-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
January 26, 2016	Filing 16 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for January 28, 2016 status conference at 1:30 p.m. (E.S.T.).. Signed by Judge Robert L Miller, Jr on 1/26/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
January 25, 2016	Filing 15 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 3/4/2019.]
December 23, 2015	Filing 14 ORDER: PSC I's request for reimbursement ( 3027 in 3:12md2391) is GRANTED, and Garretson Resolution Group is ORDERED to reimburse PSC I the $25,000.00 it withheld from the Common Benefit Expense Account. Signed by Judge Robert L Miller, Jr on 12/23/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
December 21, 2015	Filing 13 SCHEDULING ORDER: Order setting discovery and dispositive deadlines. See order for specific deadlines. Signed by Judge Robert L Miller, Jr on 12/21/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
December 17, 2015	Filing 12 ORDER So the court can issue its scheduling order, parties requested to submit Exhibits A and B that are to be referenced in the scheduling order. Signed by Judge Robert L Miller, Jr on 12/17/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
December 9, 2015	Filing 11 MEMORANDUM OF DECEMBER 7, 2015 STATUS CONFERENCE: A brief summary of the topics discussed and the court's directives. Plaintiffs' Lead Counsel to submit a written statement regarding PSC II's position on M2a-Taper cases; Biomet Defendants were directed to file a list of cases settled on or by December 7, 2015 but have yet to be dismissed. The next Telephonic Status Conference is set for 1/28/2016 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 12/9/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
December 7, 2015	Filing 10 STATUS CONFERENCE held on 12/7/2015 before Judge Robert L Miller, Jr. Pla appeared by atty B. Fulmer, N. Ward,. Dft appeared by atty E. Hanig, J. Winter. Court hears from parties. A telephonic status conference is set for 1/28/2016 at 1:30 PM (EST) before Judge Robert L Miller, Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
December 7, 2015	Filing 9 AMENDED HOLDBACK ORDER RE: COMMON BENEFIT FEES AND COSTS: Order granting PSC II's Amended Motion and Proposed Holdback Order Re: Common Benefit Fees and Costs ( 3000 and 3002 ). Any cases that are resolved after Monday, December 7, 2015 shall be subject to a provisional six percent holdback. 3020 .. Signed by Judge Robert L Miller, Jr on 12/7/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
December 3, 2015	Filing 8 ORDER: Without objection and in accordance with the court's order of 6/23/2015, the 2990 and 2991 Motions for Payment of Compensation to the Garretson Resolution Group Inc from the Biomet MDL Common Benefit Cost Fund in the amount of $18,500.00 are GRANTED. Signed by Judge Robert L Miller, Jr on 12/3/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 3/4/2019.]
December 1, 2015	Filing 7 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE: Call in information for the status conference set 12/7/2015 at 1:30 PM (EDT). Signed by Judge Robert L Miller, Jr on 12/1/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
December 1, 2015	Filing 6 HOLDBACK ORDER RE: COMMON BENEFIT FEES AND COSTS: GRANTING (3002) Amended Motion re Holdback Order re Common Benefit Fees and Costs. Cases that do not have a Notice of Settlement filed into the individual case's docket on or before Monday November 30, 2015 shall be subject to a provisional 6% holdback; the Holdback Order does not apply to any cases involving pro se plaintiffs, which will be addressed on an individual case-by-case basis; the Holdback Order is provisional in nature. Plaintiffs' Liaison Counsel shall send a copy of the Holdback Order to the attorneys of record in the pending state court actions that PSC II is aware of. Signed by Judge Robert L Miller, Jr on 12/1/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 3/4/2019.]
November 24, 2015	Filing 5 ORDER: Motion 2963 is WITHDRAWN and has been superseded by Amended Motion and Proposed Holdback Order Re: Common Benefit Fees and Costs 3000 in case 3:12-md-02391-RLM-CAN. Signed by Judge Robert L Miller, Jr on 11/24/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
November 24, 2015	Filing 4 AMENDED EXPLANT PRESERVATION ORDER : Amended directives relating to the preservation of Explanted M2a Devices, with Biomet Retrieval Analysis Protocol (Exh. A).. Signed by Judge Robert L Miller, Jr on 11/24/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
November 20, 2015	Filing 3 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 3/4/2019.]
November 20, 2015	Filing 2 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 3/4/2019.]
November 19, 2015	Judge Robert L Miller, Jr and Magistrate Judge Christopher A Nuechterlein added. (NEW CASE) (mlc) [Transferred from Indiana Northern on 3/4/2019.]
November 19, 2015	Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0755-2802142.), filed by Thomas R Clifford, Lynne Clifford. (Attachments: #1 Civil Cover Sheet)(Davis PHV, Alexander) [Transferred from Indiana Northern on 3/4/2019.]

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Search for this case: Clifford et al v. Biomet Orthopedics LLC et al
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Defendant: Biomet Manufacturing Corp.
Represented By:	Erin Linder Hanig
Represented By:	John David LaDue
Represented By:	Erica Kay Drew
Represented By:	Paul Javier Peralta
Represented By:	Matthew T. Albaugh
Represented By:	Kristen J. Kenley
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Defendant: Biomet U.S. Reconstruction, LLC
Represented By:	Erin Linder Hanig
Represented By:	John David LaDue
Represented By:	Erica Kay Drew
Represented By:	Paul Javier Peralta
Represented By:	Matthew T. Albaugh
Represented By:	Kristen J. Kenley
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Defendant: Biomet Inc
Represented By:	Adrienne Franco Busby
Represented By:	J. Joseph Tanner
Represented By:	Andrew L. Campbell
Represented By:	Erin Linder Hanig
Represented By:	John David LaDue
Represented By:	Stephanie N. Russo
Represented By:	Erica Kay Drew
Represented By:	Paul Javier Peralta
Represented By:	Matthew T. Albaugh
Represented By:	Kristen J. Kenley
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Defendant: Biomet Orthopedics, LLC
Represented By:	Adrienne Franco Busby
Represented By:	J. Joseph Tanner
Represented By:	Andrew L. Campbell
Represented By:	Erin Linder Hanig
Represented By:	John David LaDue
Represented By:	Stephanie N. Russo
Represented By:	Erica Kay Drew
Represented By:	Paul Javier Peralta
Represented By:	Matthew T. Albaugh
Represented By:	Kristen J. Kenley
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Plaintiff: Lynne Clifford
Represented By:	Alexander C Davis
Represented By:	Whitney Jo Butcher
Represented By:	Alex C. Davis
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Plaintiff: Thomas R Clifford
Represented By:	Alexander C Davis
Represented By:	Whitney Jo Butcher
Represented By:	Alex C. Davis
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