Garrison v. Biomet Inc et al
Evelyn Garrison |
Biomet Orthopedics LLC, Biomet Manufacturing LLC, Biomet US Reconstruction LLC, Biomet Inc and Biomet Manufacturing Corp |
5:2019cv00050 |
January 17, 2019 |
US District Court for the Western District of Oklahoma |
David L Russell |
Patrick R Wyrick |
Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
28 U.S.C. § 1332 |
Plaintiff |
Docket Report
This docket was last retrieved on September 20, 2019. A more recent docket listing may be available from PACER.
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Filing 204 STIPULATION of Dismissal by Evelyn Garrison. (Krahl, John) |
Docket Annotation: Civil Case Terminated; Joint Stipulation of Dismissal filed 9/20/2019. (ks) |
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Filing 202 MOTION to Withdraw as Attorney by All Defendants. (Smith, Michael) |
Filing 201 ENTER ORDER directing defendant's counsel Adrienne Franco Busby, J. Joseph Tanner, Stephanie N. Russo, Erin Linder Hanig, and John LaDue to be admitted to this court or obtain admission pro hac vice and register for cm/ecf by August 21, 2019. Signed by Honorable Patrick R Wyrick on 8/7/2019. (ks) |
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Set/Reset Scheduling Order Deadlines: Jury Trial RESET on the July 2020 trial docket (7/14/2020 09:00 AM) in Courtroom 503 before Honorable Patrick R Wyrick. Discovery due by 6/1/2020. Motions due by 6/1/2020. Pretrial Report due by 6/25/2020. (ks) |
Filing 199 JOINT MOTION for Extension of Time by Evelyn Garrison. (Krahl, John) |
Filing 198 ENTRY of Appearance by Stephanie A Koltookian on behalf of Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet US Reconstruction LLC (Koltookian, Stephanie) |
Filing 197 ENTRY of Appearance by Thomas J Joensen on behalf of Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet US Reconstruction LLC (Joensen, Thomas) |
Filing 196 ENTER ORDER REASSIGNING CASE. Case reassigned to Honorable Patrick R Wyrick for all further proceedings. Honorable David L. Russell no longer assigned to case. Signed by Honorable David L. Russell on 4/19/19. (jw) |
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Filing 193 MOTION for Leave to Appear Pro Hac Vice Thomas J. Joensen Filing fee $ 50, receipt number 1087-2894217 by All Defendants. (Attachments: #1 Exhibit 1 Request for Admission Pro Hac Vice)(Smith, Michael) |
Filing 192 MOTION for Leave to Appear Pro Hac Vice Stephanie Koltookian Filing fee $ 50, receipt number 1087-2894205 by All Defendants. (Attachments: #1 Exhibit 1 Request for Admission Pro Hac Vice)(Smith, Michael) |
Filing 191 DOCKET: Scheduling Conference set for 4/2/2019 10:15 AM Room 3423 before Honorable David L. Russell. Status Report due by 3/25/2019. (jw) |
Filing 190 JOINT STATUS REPORT AND DISCOVERY PLAN by Plaintiff Evelyn Garrison. (Krahl, John) |
Filing 189 ENTRY of Appearance by Emalie L Rott on behalf of Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet US Reconstruction LLC (Rott, Emalie) |
Filing 188 ENTRY of Appearance by Michael F Smith on behalf of Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet US Reconstruction LLC (Smith, Michael) |
Filing 187 ENTER ORDER re #185 Order; In light of the conditional remand order #185 , filed December 28, 2018, Plaintiff is directed to advise the court on or before January 28, 2019, of the status of this case. Signed by Honorable David L. Russell on 1/17/19. (jw) |
Filing 186 Case transferred in from District of Indiana Northern; Case Number 3:15-cv-00133. |
Filing 185 CONDITIONAL REMAND ORDER This case is remanded to the Western District of Oklahoma. Signed by Jeffrey N Luthi, Clerk of the Panel on 12/28/18. (jld) [Transferred from Indiana Northern on 1/17/2019.] |
Filing 184 SECOND SUGGESTION OF REMAND AND EXPLANATION TO TRANSFEROR COURTS Pursuant to 28 USC 1407(a) and Panel Rule 10.1(b), the court suggests that the Judicial Panel on Multidistrict Litigation remand the cases listed in Exhibit A to the districts from which they were transferred.. Signed by Judge Robert L Miller, Jr on 12/12/18. Associated Cases: 3:12-md-02391-RLM-MGG et al. (copy sent to Judicial Panel on Multidistrict Litigation)(jld) [Transferred from Indiana Northern on 1/17/2019.] |
Filing 183 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 1/17/2019.] |
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Filing 173 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 1/17/2019.] |
Filing 180 NOTICE of Appearance by Adrienne Franco Busby on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 1/17/2019.] |
Filing 179 NOTICE of Appearance by Stephanie N Russo on behalf of Biomet Orthopedics, LLC, Biomet, Inc(ksc) [Transferred from Indiana Northern on 1/17/2019.] |
Filing 178 NOTICE of Appearance by Andrew L Campbell on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 1/17/2019.] |
Filing 177 NOTICE of Appearance by J Joseph Tanner on behalf of Biomet Orthopedics, LLC, Biomet, Inc. (ksc) [Transferred from Indiana Northern on 1/17/2019.] |
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Filing 170 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 1/17/2019.] |
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Filing 166 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 1/17/2019.] |
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Filing 164 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 1/17/2019.] |
Filing 163 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 1/17/2019.] |
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Filing 156 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 1/17/2019.] |
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Filing 153 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 1/17/2019.] |
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Filing 151 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 1/17/2019.] |
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Filing 148 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 1/17/2019.] |
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Filing 141 NOTICE of Change of Address/Contact Information (Krahl PHV, Kevin) [Transferred from Indiana Northern on 1/17/2019.] |
Filing 140 NOTICE of Change of Address/Contact Information (Krahl PHV, John) [Transferred from Indiana Northern on 1/17/2019.] |
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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 Indiana Northern on 1/17/2019.] |
Filing 138 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 1/17/2019.] |
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Filing 136 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 1/17/2019.] |
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Filing 130 NOTICE of Change of Address/Contact Information Associated Cases: 3:12-md-02391-RLM-MGG et al.(Hanig, Erin) [Transferred from Indiana Northern on 1/17/2019.] |
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Filing 128 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 1/17/2019.] |
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Magistrate Judge Michael G Gotsch, Sr added. Magistrate Judge Christopher A Nuechterlein no longer assigned to case. (dk) [Transferred from Indiana Northern on 1/17/2019.] |
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Filing 121 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 1/17/2019.] |
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Filing 118 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 1/17/2019.] |
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Filing 114 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 1/17/2019.] |
Filing 113 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 1/17/2019.] |
Filing 112 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 1/17/2019.] |
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Filing 107 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 1/17/2019.] |
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Filing 102 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 1/17/2019.] |
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Motion Terminated (3117) Motion to Withdraw as Attorney. Associated Cases: 3:12-md-02391-RLM-CAN et al.(ksc) [Transferred from Indiana Northern on 1/17/2019.] |
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Filing 98 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 1/17/2019.] |
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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 1/17/2019.] |
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Filing 95 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 1/17/2019.] |
Filing 94 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 1/17/2019.] |
Filing 93 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 1/17/2019.] |
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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 1/17/2019.] |
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 1/17/2019.] |
Filing 91 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 1/17/2019.] |
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Filing 89 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 1/17/2019.] |
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Filing 82 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 1/17/2019.] |
Filing 81 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 1/17/2019.] |
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Filing 79 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 1/17/2019.] |
Filing 78 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 1/17/2019.] |
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Filing 73 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 1/17/2019.] |
Filing 72 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 1/17/2019.] |
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Filing 65 Plaintiffs' Executive Committee's Amended Motion and Proposed Holdback Order re: Common Benefit Fees and Costs. Any response or objection to be filed by 11/20/2015. Associated Cases: 3:12-md-02391-RLM-CAN et al. ***NOTE: THIS IS A DUPLICATE OF DE 3000 in 3:12md2391 THAT HAS BEEN SPREAD TO ALL CASES.(jld) [Transferred from Indiana Northern on 1/17/2019.] |
Filing 64 MOTION for Payment of Compensation from the Biomet Common Benefit MDL Assessment Fund. (Attachments: #1 Exhibit Invoice)Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) (*NOTE: This is re-filing of DE 2990 to spread it to all cases.) [Transferred from Indiana Northern on 1/17/2019.] |
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Filing 62 MEMORANDUM OF OCTOBER 7, 2015 STATUS CONFERENCE : A brief summary of the topics discussed and the court's directives. The next Status Conference is set for 12/7/2015 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 10/8/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/17/2019.] |
Filing 61 STATUS CONFERENCE held on 10/7/2015 before Judge Robert L Miller, Jr. Pla appeared by atty J. Presnal, N. Ward. Dft appeared by atty E. Hanig, J. LaDue, J. Winter. Court hears from parties. Next status conference set 12/7/15 at 1:30 PM (EDT) before Judge Miller. (Court Reporter J. Hoffman.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/17/2019.] |
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Filing 57 STATUS CONFERENCE held on 9/3/2015 before Judge Robert L Miller, Jr. Plaintiffs appeared by atty N. Ward, B. Fulmer, K. Bachus, A. Diab, A. Pang Parra, J. Presnal, J. Ward, M. Nowell, L. Bronson. Defendants appeared by atty B Dart, J LaDue, E Hanig, J Winter. The next status conference is set for 10/7/15 at 1:30 PM (EDT) in South Bend, Indiana before Judge Robert L. Miller, Jr. Written memorandum to follow. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/17/2019.] |
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Filing 54 MOTION for Payment of Common Benefit Attorneys' Fees and Expenses from the Biomet Common Benefit MDL Assessment Fund. (Attachments: #1 Exhibit A Contributions, #2 Exhibit B Hours by Firm, #3 Exhibit C Hierarchy of Values, #4 Exhibit D Affidavit of Mrs Larbes, #5 Exhibit E Trust Ledger, #6 Exhibit F Expense Summary, #7 Exhibit G Invoices)Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) ***NOTE: This is a re-entry of DE 2945 that has been spread to all the member cases. [Transferred from Indiana Northern on 1/17/2019.] |
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Motion termed: (2923) Motion to Amend/Correct in case 3:12-md-02391-RLM-CAN. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/17/2019.] |
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Filing 50 MOTION to Substitute Jasper Ward as a Member of the Plaintiff's Steering Committee in lieu of Lawrence Jones by Jasper D Ward, IV. Associated Cases: 3:12-md-02391-RLM-CAN et al.(dk) [Transferred from Indiana Northern on 1/17/2019.] |
Motion terminated per 2925 Order. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/17/2019.] |
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Motions terminated pursuant to 2924 Order. Associated Cases: 3:12-md-02391-RLM-CAN et al.(ksc) [Transferred from Indiana Northern on 1/17/2019.] |
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Filing 47 Plaintiffs' Steering Committee's MOTION TO MODIFY (2909 in 3:12-md-02391-RLM-CAN) Case Management Order No 3 Regarding Plaintiffs' Organizational Structure. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) Modified on 7/2/2015 to term as a pending motion (jld). [Transferred from Indiana Northern on 1/17/2019.] |
Filing 46 AMENDED MOTION Appoint Escrow Agent and Fee Committee by Plaintiffs' Liaison Counsel. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/17/2019.] |
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Filing 45 APPLICATION for WITHDRAWAL of Altom M. Maglio from Plaintiffs' Steering Committee. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/17/2019.] |
Motions Terminated: Motion to Appoint Escrow Agent and Fee Committee termed per Order 2914 in 3:12md2391. [Transferred from Indiana Northern on 1/17/2019.] |
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Filing 40 STATUS CONFERENCE held on 5/18/2015 before Judge Robert L Miller, Jr. Pla appeared by atty T. Anapol, R. Dassow, B. Fulmer, M. Lanier, N. Ward, A. Diaz, K. Bachus, G. Borri, J. Lowe, L. Bronson, and J. Presnal. Dft appeared by atty B. Dart, J. LaDue, E. Hanig, 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.(jd) [Transferred from Indiana Northern on 1/17/2019.] |
Filing 39 Letter dated 5/14/15 from Terrence Smith re: 2874 . Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/17/2019.] |
Filing 38 Letter from Erin Linder Hanig re: remaining cases and attorneys. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/17/2019.] |
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Filing 35 Plaintiffs Steering Committee's MOTION to Appoint Escrow Agent and Fee Committee (filed per Order 2285 in 3:12md2391). (Attachments: #1 Exhibit A)Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/17/2019.] |
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Filing 36 Letter dated 5/7/15 from Plaintiff's attorney M David Riggs regarding DE 2874 in 3:12md2391. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/17/2019.] |
Filing 33 Letter dated 5/5/2015 from plaintiff's attorney Scott D. Perlmuter regarding 2874 Associated Cases: 3:12-md-02391-RLM-CAN et al. (dk) [Transferred from Indiana Northern on 1/17/2019.] |
Filing 32 Letter dated 5/4/2015 from plaintiff's atty John Ferris Dow regarding 2874 . Associated Cases: 3:12-md-02391-RLM-CAN et al. (dk) [Transferred from Indiana Northern on 1/17/2019.] |
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Filing 30 Letter from John D Winter in response to Greg Boris letter 2874 and Jeffrey J Lowe 2876 Associated Cases: 3:12-md-02391-RLM-CAN et al.(lpw) [Transferred from Indiana Northern on 1/17/2019.] |
Filing 29 Letter from Jeffrey J Lowe joining the requests set forth in Mr. Borri's letter of 4/24/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/17/2019.] |
Filing 28 ANSWER to #23 Amended Complaint by Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet US Reconstruction LLC.(Hanig, Erin) [Transferred from Indiana Northern on 1/17/2019.] |
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Filing 27 Letter from Thomas R Anapol in response to 2874 Letter from Gregg Borri Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/17/2019.] |
Filing 26 Letter from Gregg J Borri to Judge Miller re: Kelly Chadwick in constituent case 3:12cv614, questioning the approach Biomet has taken in carrying out the Master Settlement Agreement. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/17/2019.] |
Filing 23 AMENDED COMPLAINT against All Defendants, filed by Evelyn Garrison.(Krahl PHV, John) [Transferred from Indiana Northern on 1/17/2019.] |
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Filing 21 STATUS CONFERENCE held on 4/21/2015 before Judge Robert L Miller, Jr. Pla appeared by atty T. Anapol, R. Dassow, N. Ward, J. Fiske. Dft appeared by atty B. Dart, J. LaDue, E. Hanig, J. Winter. The next Status Conference is set for 5/21/2015 at 9:30 AM (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 1/17/2019.] |
Filing 20 MOTION for Extension of Time to Amend #1 Complaint by Plaintiff Evelyn Garrison. (Attachments: #1 Exhibit 1 - First Amended Complaint)(Krahl PHV, John) [Transferred from Indiana Northern on 1/17/2019.] |
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Filing 17 Application for Attorney John A. Krahl to Appear Pro Hac Vice on behalf of Evelyn Garrison. (Pro Hac Vice Temporary login, ) [Transferred from Indiana Northern on 1/17/2019.] |
Filing 16 Application for Attorney Kevin E. Krahl to Appear Pro Hac Vice on behalf of Evelyn Garrison. (Pro Hac Vice Temporary login, ) [Transferred from Indiana Northern on 1/17/2019.] |
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Filing 13 NOTICE of Appearance by John D LaDue on behalf of All Defendants (LaDue, John) [Transferred from Indiana Northern on 1/17/2019.] |
Filing 12 NOTICE of Appearance by Erin Linder Hanig on behalf of All Defendants (Hanig, Erin) [Transferred from Indiana Northern on 1/17/2019.] |
Filing 11 Case transferred in from District of Oklahoma Western; Case Number 5:15-cv-00217. Original file and docket sheet received. [Transferred from Indiana Northern on 1/17/2019.] |
Filing 10 CONDITIONAL TRANSFER ORDER transferring case to District of Northern District of Indiana for coordinated or consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Honorable Robert L Miller Jr. Signed by Clerk of the Panel. (jb) [Transferred from Oklahoma Western on 3/25/2015.] [Transferred from Indiana Northern on 1/17/2019.] |
Filing 9 WAIVER OF SERVICE Returned Executed by Defendant Biomet Manufacturing LLC. Biomet Manufacturing LLC waiver sent on 3/4/2015, answer due 5/4/2015. (Krahl, John) [Transferred from Oklahoma Western on 3/25/2015.] [Transferred from Indiana Northern on 1/17/2019.] |
Filing 8 WAIVER OF SERVICE Returned Executed by Defendant Biomet US Reconstruction LLC. Biomet US Reconstruction LLC waiver sent on 3/4/2015, answer due 5/4/2015. (Krahl, John) [Transferred from Oklahoma Western on 3/25/2015.] [Transferred from Indiana Northern on 1/17/2019.] |
Filing 7 WAIVER OF SERVICE Returned Executed by Defendant Biomet Orthopedics LLC. Biomet Orthopedics LLC waiver sent on 3/4/2015, answer due 5/4/2015. (Krahl, John) [Transferred from Oklahoma Western on 3/25/2015.] [Transferred from Indiana Northern on 1/17/2019.] |
Filing 6 WAIVER OF SERVICE Returned Executed by Defendant Biomet Inc. Biomet Inc waiver sent on 3/4/2015, answer due 5/4/2015. (Krahl, John) [Transferred from Oklahoma Western on 3/25/2015.] [Transferred from Indiana Northern on 1/17/2019.] |
Filing 5 NOTICE OF RELATED OR COMPANION CASE by Evelyn Garrison (Krahl, John) [Transferred from Oklahoma Western on 3/25/2015.] [Transferred from Indiana Northern on 1/17/2019.] |
Filing 4 ENTRY of Appearance by Kevin E Krahl on behalf of Evelyn Garrison (Krahl, Kevin) [Transferred from Oklahoma Western on 3/25/2015.] [Transferred from Indiana Northern on 1/17/2019.] |
Filing 3 ENTRY of Appearance by John A Krahl on behalf of Evelyn Garrison (Krahl, John) [Transferred from Oklahoma Western on 3/25/2015.] [Transferred from Indiana Northern on 1/17/2019.] |
Filing 2 Summons Issued Electronically as to Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet US Reconstruction LLC. (jb) [Transferred from Oklahoma Western on 3/25/2015.] [Transferred from Indiana Northern on 1/17/2019.] |
Filing 1 COMPLAINT against Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet US Reconstruction LLC filed by Evelyn Garrison. (Attachments: #1 Civil Cover Sheet)(jb) [Transferred from Oklahoma Western on 3/25/2015.] [Transferred from Indiana Northern on 1/17/2019.] |
PAYMENT FOR A CIVIL CASE Filing fee $ 400, receipt number 1087-2028934. (Krahl, John) [Transferred from Oklahoma Western on 3/25/2015.] [Transferred from Indiana Northern on 1/17/2019.] |
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