Wells et al v. Biomet Inc et al
| Daniel E. Wells and Koren M. Wells |
| Biomet Manufacturing, LLC, Biomet U.S. Reconstruction, LLC, Biomet Inc and Biomet Orthopedics, LLC |
| 5:2018cv02886 |
| December 17, 2018 |
| US District Court for the Northern District of Ohio |
| John R Adams |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on December 17, 2019. A more recent docket listing may be available from PACER.
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Filing 91
Stipulation and Order. This case is dismissed with prejudice as to Defendants. Plaintiffs and Defendants shall each bear his/its own respective costs and attorneys' fees incurred in connection with this action. (Related #90 .) Judge John R. Adams on 12/17/19. (S,HR)
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| Filing 90 Proposed Stipulation of Dismissal With Prejudice filed by All Defendants. (Attachments: #1 Proposed Order of Dismissal of Defendants with Prejudice)(Edwards, Ryan) |
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Filing 89
Order dismissing this matter without prejudice upon notice by the parties that this matter has settled. The parties may submit a proposed judgment entry setting forth different terms and conditions relative to the settlement within 30 days of this order. This Court retains jurisdiction over the settlement. Judge John R. Adams on 5/7/19. (K,C)
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| Filing 88 Joint Settlement Notice filed by All Defendants. (Edwards, Ryan) |
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Order [non-document]granting Motion for appearance pro hac vice by attorney Ruben I. Gonzalez for Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, and Biomet U.S. Reconstruction, LLC. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #87 ). Judge John R. Adams on 4/22/19.(K,C)
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| Filing 87 Motion for attorney Ruben I. Gonzalez to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9266212, filed by Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC. (Attachments: #1 Exhibit A-Declaration of R. Gonzalez and Certificate of Good Standing)(Edwards, Ryan) |
| Filing 86 Status Report filed by All Plaintiffs. (Abramowitz, Mark) |
| Filing 85 Status Report filed by All Defendants. (Edwards, Ryan) |
| Filing 84 Notice of Suggestion of Death filed by All Plaintiffs. (Abramowitz, Mark) |
| Filing 83 Trial Order setting a Jury Trial for 1/13/2020 at 09:00 AM in Courtroom 575 before Judge John R. Adams. A pretrial conference shall be set at a later date. See order for further instruction. Judge John R. Adams on 2/25/19. (K,C) |
| Filing 82 Notice of Firm Name Change and Contact Information filed by Daniel E. Wells, Koren M. Wells. (DiCello, Mark, s/ Mark M. Abramowitz) Modified to note s/signature on 2/28/2019 (T,Je). |
| Filing 81 Notice of Service of Initial Disclosures filed by All Defendants. (Edwards, Ryan) |
| Filing 80 Case Management Conference Plan. Case is assigned to the standard track. Discovery due by 5/20/2019. Dispositive Motions due by 10/14/2019. A Jury Trial is set for 1/13/2020 with a separate Trial Order to issue. See Order for complete details. Judge John R. Adams on 02/21/2019. (M,TL) |
| Minutes of proceedings[non-document] before Judge John R. Adams.Status Conference held on 2/19/19. Case assigned the standard track. (Court Reporter: Caroline Mahnke.)Time: 33 Mins. (K,C) |
| Filing 79 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by All Defendants. (Bowers, Charles) |
| Filing 78 Attorney Appearance by Amelia J. Workman-Farago filed by on behalf of Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC. (Workman-Farago, Amelia) |
| Filing 77 Notice of Service of Plaintiffs' Initial Disclosures filed by All Plaintiffs. (Abramowitz, Mark) |
| Filing 76 Notice of Status Conference with counsel only set for 2/19/2019 at 01:30 PM in Courtroom 575 before Judge John R. Adams. (K,C) |
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Order [non-document] granting Motion for appearance pro hac vice by attorney John A. Roberts and attorney Heather Campbell Burgess for Biomet Inc,Biomet Manufacturing, LLC,Biomet Orthopedics, LLC, and Biomet U.S. Reconstruction, LLC. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #74 & #75 ). Judge John R. Adams on 1/25/19.(K,C)
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| Filing 75 Motion for attorney Heather Campbell Burgess to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9110144, filed by Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC. (Attachments: #1 Exhibit A - Declaration of Heather Campbell Burgess and Certificate of Admission)(Edwards, Ryan) |
| Filing 74 Motion for attorney John A. Roberts to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9110129, filed by Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC. (Attachments: #1 Exhibit A - Declaration of John A. Roberts and Certificate of Admission)(Edwards, Ryan) |
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Order [non-document] granting Defendants' Motion for appearance pro hac vice by attorney Raymond D. Rushing for Biomet Inc,Biomet Manufacturing, LLC,Biomet Orthopedics, LLC,and Biomet U.S. Reconstruction, LLC. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #73 ). Judge John R. Adams on 1/23/19.(K,C)
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| Filing 73 Motion for attorney Raymond D. Rushing to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9105567, filed by Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC. (Attachments: #1 Exhibit A - Declaration of R. Rushing and Certificate of Admission)(Edwards, Ryan) |
| Filing 72 Corporate Disclosure Statement identifying Corporate Parent LVB Acquisition, Inc., Corporate Parent Zimmer Biomet Holdings, Inc. for Biomet Inc filed by Biomet Inc. (Edwards, Ryan) |
| Filing 71 Corporate Disclosure Statement identifying Corporate Parent Zimmer, Inc., Corporate Parent Zimmer US, Inc., Corporate Parent Zimmer Biomet Holdings, Inc. for Biomet U.S. Reconstruction, LLC filed by Biomet U.S. Reconstruction, LLC. (Edwards, Ryan) |
| Filing 70 Corporate Disclosure Statement identifying Corporate Parent Zimmer, Inc., Corporate Parent Zimmer US, Inc., Corporate Parent Biomet U.S. Reconstruction, LLC, Corporate Parent Zimmer Biomet Holdings, Inc. for Biomet Orthopedics, LLC filed by Biomet Orthopedics, LLC. (Edwards, Ryan) |
| Filing 69 Corporate Disclosure Statement identifying Corporate Parent Biomet, Inc., Corporate Parent LVB Acquisition, Inc., Corporate Parent Zimmer Biomet Holdings, Inc., Corporate Parent ZB Manufacturing, LLC for Biomet Manufacturing, LLC filed by Biomet Manufacturing, LLC. (Edwards, Ryan) |
| Filing 68 Attorney Appearance by Charles A. Bowers filed by on behalf of All Defendants. (Bowers, Charles) |
| Filing 67 Attorney Appearance by Nicholas J. Pieczonka filed by on behalf of All Defendants. (Pieczonka, Nicholas) |
| Filing 66 Attorney Appearance by Ryan C. Edwards filed by on behalf of All Defendants. (Edwards, Ryan) |
| Filing 65 Notice of Appearance of Attorney Mark Abramowitz filed by All Plaintiffs. (DiCello, Mark, s/Mark Abramowitz) Modified to note s/signature on 1/14/2019 (T,Je). |
| Notice to Attorney Erin Linder Hanig. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (P,WL) |
| Notice to Attorney Andrew L. Campbell. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (P,WL) |
| Notice to Attorney J. Joseph Tanner. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (P,WL) |
| Notice to Attorney John D. LaDue. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (P,WL) |
| Notice to Attorney Stephanie N. Russo. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (P,WL) |
| Notice to Attorney Adrienne Franco Busby. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (P,WL) |
| Filing 64 Magistrate Consent Form issued. (S,L) |
| Filing 63 CASE TRANSFERRED IN from District of Indiana Northern. Case number 3:16-cv-00659. Electronic file, transfer order and docket sheet received. |
| Judge John R. Adams assigned to case. (S,L) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Kathleen B. Burke. (S,L) |
| Notice by Clerk: Pursuant to Local Rule 3.13(b), Biomet is reminded of their requirement to file a Corporate Disclosure Statement. (S,L) |
| Copy of Docket Sheet and #64 Magistrate Consent Form Issued mailed to: Mark A DiCello PHV, Robert J DiCello LPA, 7556 Mentor Ave, Mentor, OH 44060, Adrienne Franco Busby, Faegre Baker Daniels LLP - Ind/IN/300/2700, 300 N, Meridian St Ste 2700, Indianapolis, IN 46204-1782, Andrew L. Campbell, Faegre, Baker Daniels - Indianapolis, Ste. 2700, 300 North Meridian Street, Erin, Linder Hanig, LaDue Curran & Kuehn, Ste. 300, 100 East Wayne Street, South Bend, IN 46601 Indianapolis, IN 46204, John D. LaDue, LaDue Curran & Kuehn, Ste. 300, 100 East Wayne Street, South Bend, IN 46601, Stephanie N Russo, Faegre Baker Daniels LLP - Ind/IN/300/2700, 300 N Meridian St Ste 2700, Indianapolis, IN 46204-1782 on 12/17/2018. Related document(s) #64 . (S,Ke) |
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Filing 62
GROUP 2 TRANSFER ORDER AND EXPLANATION TO RECEIVING COURTS transferring case to the Northern District of Ohio, Eastern-Akron Division. Signed by Judge Robert L Miller, Jr on 12/12/18. (jld) [Transferred from innd on 12/17/2018.]
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| Filing 61 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 innd on 12/17/2018.] |
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Filing 60
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 innd on 12/17/2018.]
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Filing 59
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 innd on 12/17/2018.]
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Filing 54
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 innd on 12/17/2018.]
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Filing 53
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 innd on 12/17/2018.]
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Filing 52
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 innd on 12/17/2018.]
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| Filing 51 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 innd on 12/17/2018.] |
| Filing 58 NOTICE of Appearance by Adrienne Franco Busby on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from innd on 12/17/2018.] |
| Filing 57 NOTICE of Appearance by Stephanie N Russo on behalf of Biomet Inc, Biomet Orthopedics, LLC.(ksc) [Transferred from innd on 12/17/2018.] |
| Filing 56 NOTICE of Appearance by Andrew L Campbell on behalf of Biomet Inc, Biomet Orthopedics.(ksc) [Transferred from innd on 12/17/2018.] |
| Filing 55 NOTICE of Appearance by J Joseph Tanner on behalf of Biomet Inc, Biomet Orthopedics, LLC. (ksc) [Transferred from innd on 12/17/2018.] |
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Filing 50
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 innd on 12/17/2018.]
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Filing 49
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 innd on 12/17/2018.]
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| Filing 48 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 innd on 12/17/2018.] |
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Filing 47
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 innd on 12/17/2018.]
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Filing 46
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 innd on 12/17/2018.]
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Filing 45
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 innd on 12/17/2018.]
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| Filing 44 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 innd on 12/17/2018.] |
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Filing 43
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 innd on 12/17/2018.]
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| Filing 42 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 innd on 12/17/2018.] |
| Filing 41 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 innd on 12/17/2018.] |
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Filing 40
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 innd on 12/17/2018.]
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Filing 39
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 innd on 12/17/2018.]
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Filing 38
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 innd on 12/17/2018.]
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Filing 37
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 innd on 12/17/2018.]
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Filing 36
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 innd on 12/17/2018.]
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Filing 35
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 innd on 12/17/2018.]
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| Filing 34 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 innd on 12/17/2018.] |
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Filing 33
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 innd on 12/17/2018.]
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Filing 32
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 innd on 12/17/2018.]
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| Filing 31 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 innd on 12/17/2018.] |
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Filing 30
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 innd on 12/17/2018.]
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| Filing 29 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 innd on 12/17/2018.] |
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Filing 28
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 innd on 12/17/2018.]
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Filing 27
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 innd on 12/17/2018.]
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| Filing 26 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 innd on 12/17/2018.] |
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Filing 25
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 innd on 12/17/2018.]
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Filing 24
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 innd on 12/17/2018.]
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Filing 23
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 innd on 12/17/2018.]
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Filing 22
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 innd on 12/17/2018.]
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Filing 21
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 innd on 12/17/2018.]
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Filing 20
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 innd on 12/17/2018.]
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Filing 19
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 innd on 12/17/2018.]
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| 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 innd on 12/17/2018.] |
| Filing 18 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 innd on 12/17/2018.] |
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Filing 17
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 innd on 12/17/2018.]
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| Filing 16 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 innd on 12/17/2018.] |
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Filing 15
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 innd on 12/17/2018.]
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Filing 14
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 innd on 12/17/2018.]
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Filing 13
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 innd on 12/17/2018.]
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| Filing 12 ANSWER to #1 Complaint by Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC.(Hanig, Erin) [Transferred from innd on 12/17/2018.] |
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Filing 11
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 innd on 12/17/2018.]
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| Filing 10 NOTICE of Change of Address/Contact Information Associated Cases: 3:12-md-02391-RLM-MGG et al.(Hanig, Erin) [Transferred from innd on 12/17/2018.] |
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Filing 9
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 innd on 12/17/2018.]
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| Filing 8 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 innd on 12/17/2018.] |
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Filing 7
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 innd on 12/17/2018.]
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| Filing 6 WAIVER OF SERVICE Returned Executed by Koren M. Wells, Daniel E. Wells. Biomet Inc waiver sent on 10/6/2016, answer due 12/5/2016; Biomet Manufacturing, LLC waiver sent on 10/6/2016, answer due 12/5/2016; Biomet Orthopedics, LLC waiver sent on 10/6/2016, answer due 12/5/2016; Biomet U.S. Reconstruction, LLC waiver sent on 10/6/2016, answer due 12/5/2016. (DiCello PHV, Mark) [Transferred from innd on 12/17/2018.] |
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Filing 5
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 innd on 12/17/2018.]
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Filing 4
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 innd on 12/17/2018.]
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| Filing 3 NOTICE of Appearance by John D LaDue on behalf of Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC (LaDue, John) [Transferred from innd on 12/17/2018.] |
| Filing 2 NOTICE of Appearance by Erin Linder Hanig on behalf of Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC (Hanig, Erin) [Transferred from innd on 12/17/2018.] |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0755-3058727.), filed by Koren M. Wells, Daniel E. Wells. (Attachments: #1 Civil Cover Sheet)(DiCello PHV, Mark) [Transferred from innd on 12/17/2018.] |
| Judge Robert L Miller, Jr and Magistrate Judge Michael G Gotsch, Sr added. (NEW CASE)(jld) [Transferred from innd on 12/17/2018.] |
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