Brewer v. Cuckler, MD et al
Plaintiff: JOHN BREWER
Defendant: Biomet Manufacturing, LLC, BIOMET U.S. RECONSTRUCTION, LLC, Alabama Medical Consultants, Inc., John Cuckler, MD, BIOMET INC and BIOMET ORTHOPEDICS, LLC
Case Number: 2:2019cv01348
Filed: March 29, 2019
Court: US District Court for the Eastern District of Pennsylvania
Presiding Judge: CHAD F KENNEY
Nature of Suit: P.I.: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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Docket Report

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

Date Filed Document Text
June 11, 2019 Filing 93 NOTICE of Hearing: SETTLEMENT CONFERENCE SET FOR 8/30/2019 10:00 AM IN COURTROOM 3-C BEFORE MAGISTRATE JUDGE THOMAS J. RUETER.(amas)
June 11, 2019 Opinion or Order Filing 92 ORDER: THAT THE STATUS CONFERENCE SCHEDULED FOR WEDNESDAY, JUNE 12, 2019, AT 8:30 A.M. IS CANCELLED. SIGNED BY HONORABLE CHAD F. KENNEY ON 6/11/2019. 6/11/2019 ENTERED AND COPIES MAILED AND E-MAILED. (sme, )
June 11, 2019 Filing 91 STATUS REPORT in Advance of June 12, 2019 Telephonic Status Conference by Alabama Medical Consultants, Inc., BIOMET INC, BIOMET ORTHOPEDICS, LLC, BIOMET U.S. RECONSTRUCTION, LLC, Biomet Manufacturing, LLC, John Cuckler, MD. (PERKINS, HEATHER)
June 5, 2019 Filing 90 NOTICE: THE COURT IS IN RECEIPT OF CORRESPONDENCE DATED JUNE 4, 2019, REQUESTING THAT PLAINTIFF'S LEAD COUNSEL, RANDY W. JAMES, ESQUIRE, AND DEFENDANT'S LEAD COUNSEL, HEATHER CARSON PERKINS, ESQUIRE, APPEAR TELEPHONICALLY AT THE STATUS CONFERENCE SCHEDULED FOR JUNE 12, 2019 AT 8:30 A.M. JUDGE KENNEY HAS APPROVED THIS REQUEST. COUNSEL ARE TO CALL CHAMBERS (267-299-7540) FIVE MINUTES BEFORE THE START TIME OF THE CONFERENCE. ALL LOCAL COUNSEL SHALL APPEAR IN PERSON AT THE JUNE 12TH STATUS CONFERENCE. HEATHER CARSON PERKINS, ESQUIRE SHALL PROVIDE A COPY OF THIS NOTICE TO ALL COUNSEL. (sme, )
May 16, 2019 Opinion or Order Filing 89 SCHEDULING ORDER THAT IF THE PARTIES INTEND TO PARTICIPATE IN A SETTLEMENT CONFERENCE THEY SHALL CONTACT MAGISTRATE JUDGE RUETER'S CHAMBERS BY 5/24/2019. A STATUS CONFERENCE WILL BE HELD ON 6/12/2019, AT 8:30 AM, IN COURTROOM 6A. ALL DISCOVERY SHALL BE COMPLETED BY 9/13/2019. EXPERT DISCOVERY SHALL BE COMPLETED BY 12/4/2019. ANY MOTIONS FOR SUMMARY JUDGMENT AND DAUBERT MOTIONS SHALL BE FILED BY 12/4/2019. MOTIONS IN LIMINE SHALL BE FILED BY 2/24/2020. THE PARTIES SHALL FILE THEIR PRETRIAL MEMORANDA NO LATER THAN 3/2/2020. JURY TRIAL WILL COMMENCE ON 3/23/2020, AT 9:00 AM, IN COURTROOM 6A. FURTHER INFORMATION OUTLINED HEREIN. SIGNED BY HONORABLE CHAD F. KENNEY ON 5/16/2019. 5/17/2019 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(amas)
May 16, 2019 Filing 88 Minute Entry for proceedings held before HONORABLE CHAD F. KENNEY Rule 16 Initial Pretrial Conference held on 5/16/19. Court Reporter: ESR. (rf, )
May 14, 2019 Opinion or Order Filing 87 ORDER THAT THE APPLICATIONS FOR ADMISSION PRO HAC VICE (DKT. NOS. #83 , #84 , AND #85 ARE GRANTED;. SIGNED BY HONORABLE CHAD F. KENNEY ON 05/14/2019. 05/14/2019 ENTERED AND COPIES MAILED TO ATTORNEY WITH ECF APPLICATION AND E-MAILED.(nd, )
May 13, 2019 Filing 86 Report Of Rule 26(f) Meeting (Joint) by JOHN BREWER. (MILLROOD, TOBIAS)
May 13, 2019 Filing 85 APPLICATION for Admission Pro Hac Vice of Randy James by JOHN BREWER. ( Filing fee $ 40 receipt number 0313-13539008.). (Attachments: #1 Text of Proposed Order)(DALY, MICHAEL)
May 13, 2019 Filing 84 APPLICATION for Admission Pro Hac Vice of Brian S. Franciskato by JOHN BREWER. ( Filing fee $ 40 receipt number 0313-13539003.). (Attachments: #1 Text of Proposed Order)(DALY, MICHAEL)
May 13, 2019 Filing 83 APPLICATION for Admission Pro Hac Vice of Michael Cowgill by JOHN BREWER. ( Filing fee $ 40 receipt number 0313-13538990.). (Attachments: #1 Text of Proposed Order)(DALY, MICHAEL)
May 13, 2019 Filing 82 NOTICE of Appearance by MICHAEL G. DALY on behalf of JOHN BREWER with Certificate of Service(DALY, MICHAEL)
May 13, 2019 Filing 81 NOTICE of Appearance by TOBIAS MILLROOD on behalf of JOHN BREWER with Certificate of Service(MILLROOD, TOBIAS)
May 7, 2019 Opinion or Order Filing 80 ORDER THAT THE APPLICATION FOR PRO HAC VICE ADMISSION OF MARY HERSHEWE, ESQUIRE IS GRANTED. SIGNED BY HONORABLE CHAD F. KENNEY ON 5/7/2019. 5/7/2019 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(amas)
May 7, 2019 Opinion or Order Filing 79 ORDER THAT THE APPLICATION FOR PRO HAC VICE ADMISSION OF HEATHER CARSON PERKINS, ESQUIRE IS GRANTED. SIGNED BY HONORABLE CHAD F. KENNEY ON 5/7/2019. 5/7/2019 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(amas)
May 6, 2019 Filing 78 APPLICATION for Admission Pro Hac Vice of Mary Hershewe by Alabama Medical Consultants, Inc., BIOMET INC, BIOMET ORTHOPEDICS, LLC, BIOMET U.S. RECONSTRUCTION, LLC, Biomet Manufacturing, LLC, John Cuckler, MD. ( Filing fee $ 40 receipt number 0313-13524236.). (Attachments: #1 Sponsor's Statement, #2 Certificate of Service, #3 Text of Proposed Order)(BROWN, TROY)
May 6, 2019 Filing 77 APPLICATION for Admission Pro Hac Vice of Heather Carson Perkins by Alabama Medical Consultants, Inc., BIOMET INC, BIOMET ORTHOPEDICS, LLC, BIOMET U.S. RECONSTRUCTION, LLC, Biomet Manufacturing, LLC, John Cuckler, MD. ( Filing fee $ 40 receipt number 0313-13524233.). (Attachments: #1 Sponsor's Statement, #2 Certificate of Service, #3 Text of Proposed Order)(BROWN, TROY)
May 6, 2019 Filing 76 NOTICE of Appearance by DANA E. BECKER on behalf of Alabama Medical Consultants, Inc., John Cuckler, MD with Certificate of Service(BECKER, DANA)
May 6, 2019 Filing 75 NOTICE of Appearance by TROY S. BROWN on behalf of Alabama Medical Consultants, Inc., John Cuckler, MD with Certificate of Service(BROWN, TROY)
April 29, 2019 Filing 74 NOTICE of Appearance by DANA E. BECKER on behalf of BIOMET INC, BIOMET ORTHOPEDICS, LLC, BIOMET U.S. RECONSTRUCTION, LLC, Biomet Manufacturing, LLC with Certificate of Service(BECKER, DANA)
April 29, 2019 Filing 73 NOTICE of Appearance by TROY S. BROWN on behalf of BIOMET INC, BIOMET ORTHOPEDICS, LLC, BIOMET U.S. RECONSTRUCTION, LLC, Biomet Manufacturing, LLC with Certificate of Service(BROWN, TROY)
April 4, 2019 Opinion or Order Filing 72 ORDER THAT AN ON THE RECORD INITIAL PRETRIAL CONFERENCE IS SCHEDULED FOR 5/16/2019, AT 9:30 AM, IN COURTROOM 6A, BEFORE HONORABLE CHAD F. KENNEY, ETC. SIGNED BY HONORABLE CHAD F. KENNEY ON 4/4/2019. 4/4/2019 ENTERED AND COPIES MAILED TO COUNSEL.(amas)
April 1, 2019 Filing 71 Case transferred in from District of Indiana Northern; Case Number 3:17-cv-00512. Original file certified copy of transfer order and docket sheet received.
April 1, 2019 Case Eligible for Arbitration(ahf)
March 28, 2019 Opinion or Order Filing 70 SUPPLEMENTAL TRANSFER ORDER (GROUP 3) 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 Eastern District of Pennsylvania (Philadelphia Division). Signed by Judge Robert L Miller, Jr on 3/28/19. (jld) [Transferred from Indiana Northern on 4/1/2019.]
March 26, 2019 Opinion or Order Filing 69 ORDER: GRANTING #68 Motion to Withdraw #51 Motion for Protective Order; The #51 Motion for Protective Order is WITHDRAWN. Signed by Judge Robert L Miller, Jr on 3/26/19. (jld) [Transferred from Indiana Northern on 4/1/2019.]
March 25, 2019 Filing 68 MOTION to Withdraw #51 MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice by Defendants Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc.. (Hanig, Erin) [Transferred from Indiana Northern on 4/1/2019.]
March 4, 2019 Opinion or Order Filing 67 MEMORANDUM AND ORDER FOR MARCH 4, 2019 STATUS CONFERENCE Summary of topics discussed and action taken. Next status conference set for May 9, 2019 at 1:30 p.m. (EDT). Signed by Judge Robert L Miller, Jr on 3/4/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 4/1/2019.]
March 4, 2019 Opinion or Order Filing 66 ORDER GRANTING the parties' Second Joint Motion for Stay Related to Biomet's Motions for Protective Order on Plaintiffs' 30(b)(6) Deposition Notice and continues the stay on briefing and hearing no Biomet's motions for protective order through 3/25/2019. Parties are directed to file a report on the status of the pending motion by 3/25/2019. Signed by Judge Robert L Miller, Jr on 3/4/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 4/1/2019.]
March 4, 2019 Filing 65 STATUS CONFERENCE held on 3/4/2019 before Judge Robert L Miller, Jr. Pla appeared by atty B. Fulmer, N. Ward. Dft appeared by atty E. Hanig, J. Winter. The Court hears from parties. The next Status Conference is set for 5/9/2019 at 1:30 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Written memorandum to follow. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 4/1/2019.]
March 1, 2019 Filing 64 Second MOTION to Stay re #51 MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice by Defendants Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc.. (Hanig, Erin) [Transferred from Indiana Northern on 4/1/2019.]
February 27, 2019 Opinion or Order Filing 63 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the Status Conference to be held on 3/4/2019 at 1:30 PM (EDT). Signed by Judge Robert L Miller, Jr on 2/27/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 4/1/2019.]
February 4, 2019 Opinion or Order Filing 62 ORDER granting #61 Motion to Stay Briefing and hearing on Biomet's motions for protective order. Counsel shall inform the Court of the status of their negotiations by 3/1/2019. Signed by Judge Robert L Miller, Jr on 2/4/19. (jld) [Transferred from Indiana Northern on 4/1/2019.]
January 29, 2019 Filing 61 Joint MOTION to Stay re #51 MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice by Defendants Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc.. (Hanig, Erin) [Transferred from Indiana Northern on 4/1/2019.]
January 23, 2019 Opinion or Order Filing 60 ORDER granting Agreed Motion for Extension of Time to File Reply and affording Biomet to and including January 30, 2019 to meet and confer with Plaintiffs and file its replies in support of Biomet's motions, if necessary. Signed by Judge Robert L Miller, Jr on 1/23/19. (jld) [Transferred from Indiana Northern on 4/1/2019.]
January 16, 2019 Filing 59 Consent MOTION for Extension of Time to File Response/Reply as to #51 MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice by Defendants Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc.. (Hanig, Erin) [Transferred from Indiana Northern on 4/1/2019.]
January 10, 2019 Opinion or Order Filing 58 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 4/1/2019.]
January 10, 2019 Filing 57 RESPONSE to Motion re #51 MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice filed by John Brewer. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Franciskato PHV, Brian) [Transferred from Indiana Northern on 4/1/2019.]
January 10, 2019 Filing 56 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 4/1/2019.]
January 7, 2019 Opinion or Order Filing 55 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 4/1/2019.]
December 21, 2018 Opinion or Order Filing 54 ORDER granting Motion for Extension of Time to File Response to Motion for Protective Order. Response to be filed by 1/10/2019. Signed by Judge Robert L Miller, Jr on 12/21/18. (jld) [Transferred from Indiana Northern on 4/1/2019.]
December 20, 2018 Filing 53 Consent MOTION for Extension of Time to File Response/Reply as to #51 MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice by Plaintiff John Brewer. (Franciskato PHV, Brian) [Transferred from Indiana Northern on 4/1/2019.]
December 18, 2018 Filing 52 NOTICE by Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. re #51 MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice Local Rule 37-1 Notice (Hanig, Erin) [Transferred from Indiana Northern on 4/1/2019.]
December 17, 2018 Filing 51 ***WITHDRAWN PER * #69 ORDER ON 3/26/2019*** MOTION for Protective Order Related to Plaintiff's 30(b)(6) Deposition Notice by Defendants Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hanig, Erin) Modified on 3/27/2019 (jld). [Transferred from Indiana Northern on 4/1/2019.]
November 19, 2018 Filing 50 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 4/1/2019.]
November 9, 2018 Opinion or Order Filing 49 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 4/1/2019.]
October 1, 2018 Opinion or Order Filing 48 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 4/1/2019.]
September 24, 2018 Opinion or Order Filing 43 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 4/1/2019.]
September 21, 2018 Opinion or Order Filing 42 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 4/1/2019.]
September 19, 2018 Opinion or Order Filing 41 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 4/1/2019.]
September 19, 2018 Filing 40 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 4/1/2019.]
September 18, 2018 Filing 47 NOTICE of Appearance by Adrienne Franco Busby on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 4/1/2019.]
September 18, 2018 Filing 46 NOTICE of Appearance by Stephanie N Russo on behalf of Biomet Orthopedics, LLC, Biomet, Inc.(ksc) [Transferred from Indiana Northern on 4/1/2019.]
September 18, 2018 Filing 45 NOTICE of Appearance by Andrew L Campbell on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 4/1/2019.]
September 18, 2018 Filing 44 NOTICE of Appearance by J Joseph Tanner on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 4/1/2019.]
September 12, 2018 Opinion or Order Filing 39 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 4/1/2019.]
September 6, 2018 Opinion or Order Filing 38 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 4/1/2019.]
September 6, 2018 Filing 37 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 4/1/2019.]
August 24, 2018 Opinion or Order Filing 36 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 4/1/2019.]
August 16, 2018 Opinion or Order Filing 35 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 4/1/2019.]
July 26, 2018 Opinion or Order Filing 34 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 4/1/2019.]
July 18, 2018 Filing 33 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 4/1/2019.]
July 12, 2018 Opinion or Order Filing 32 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 4/1/2019.]
June 13, 2018 Filing 31 NOTICE of Appearance by Michele S Stephan PHV on behalf of John Brewer (Stephan PHV, Michele) [Transferred from Indiana Northern on 4/1/2019.]
May 29, 2018 Filing 30 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 4/1/2019.]
May 17, 2018 Filing 29 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 4/1/2019.]
May 9, 2018 Opinion or Order Filing 28 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 4/1/2019.]
April 23, 2018 Opinion or Order Filing 27 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 4/1/2019.]
April 10, 2018 Opinion or Order Filing 26 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 4/1/2019.]
March 29, 2018 Opinion or Order Filing 25 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 4/1/2019.]
March 26, 2018 Opinion or Order Filing 24 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 4/1/2019.]
March 14, 2018 Opinion or Order Filing 23 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 4/1/2019.]
March 12, 2018 Filing 22 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 4/1/2019.]
February 8, 2018 Opinion or Order Filing 21 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 4/1/2019.]
February 1, 2018 Opinion or Order Filing 20 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 4/1/2019.]
January 30, 2018 Filing 19 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 4/1/2019.]
January 25, 2018 Opinion or Order Filing 18 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 4/1/2019.]
December 21, 2017 Filing 17 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 4/1/2019.]
December 18, 2017 Opinion or Order Filing 16 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 4/1/2019.]
December 12, 2017 Opinion or Order Filing 15 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 4/1/2019.]
October 26, 2017 Filing 14 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 4/1/2019.]
October 23, 2017 Opinion or Order Filing 13 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 4/1/2019.]
August 28, 2017 Opinion or Order Filing 12 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 4/1/2019.]
August 28, 2017 Filing 11 ANSWER to #7 Amended Complaint by Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc..(Hanig, Erin) [Transferred from Indiana Northern on 4/1/2019.]
August 28, 2017 Filing 10 ANSWER to #7 Amended Complaint by Alabama Medical Consultants, Inc., John Cuckler, MD.(Hanig, Erin) [Transferred from Indiana Northern on 4/1/2019.]
August 18, 2017 Opinion or Order Filing 9 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 4/1/2019.]
July 18, 2017 Filing 8 WAIVER OF SERVICE Returned Executed by John Brewer. All Defendants. (Attachments: #1 Supplement)(Sayeg PHV, Ilyas) [Transferred from Indiana Northern on 4/1/2019.]
July 17, 2017 Filing 7 AMENDED COMPLAINT against All Defendants, filed by John Brewer.(Sayeg PHV, Ilyas) [Transferred from Indiana Northern on 4/1/2019.]
July 14, 2017 Opinion or Order Filing 6 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 4/1/2019.]
July 12, 2017 Opinion or Order Filing 5 ORDER: The court affords the plaintiffs 21 days from the date of this order to file an amended complaint properly alleging the existence of diversity jurisdiction 28 U.S.C. 1332.. Signed by Judge Robert L Miller, Jr on 7/12/17. (jld) [Transferred from Indiana Northern on 4/1/2019.]
July 10, 2017 Opinion or Order Filing 4 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 4/1/2019.]
July 5, 2017 Filing 3 NOTICE of Appearance by John D LaDue on behalf of Alabama Medical Consultants, Inc., Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc., John Cuckler, MD (LaDue, John) [Transferred from Indiana Northern on 4/1/2019.]
July 5, 2017 Filing 2 NOTICE of Appearance by Erin Linder Hanig on behalf of Alabama Medical Consultants, Inc., Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc., John Cuckler, MD (Hanig, Erin) [Transferred from Indiana Northern on 4/1/2019.]
June 30, 2017 Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 receipt number 0755-3290004.), filed by John Brewer. (Attachments: #1 Civil Cover Sheet)(Sayeg PHV, Ilyas) [Transferred from Indiana Northern on 4/1/2019.]
June 30, 2017 Judge Robert L Miller, Jr and Magistrate Judge Michael G Gotsch, Sr added. (NEW CASE) (jld) [Transferred from Indiana Northern on 4/1/2019.]

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Search for this case: Brewer v. Cuckler, MD et al
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Defendant: Biomet Manufacturing, LLC
Represented By: JOHN D. LADUE
Represented By: ERIN LINDER HANIG
Represented By: HEATHER CARSON PERKINS
Represented By: MARY HERSHEWE
Represented By: TROY S. BROWN
Represented By: DANA E. BECKER
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Defendant: BIOMET U.S. RECONSTRUCTION, LLC
Represented By: JOHN D. LADUE
Represented By: ERIN LINDER HANIG
Represented By: HEATHER CARSON PERKINS
Represented By: MARY HERSHEWE
Represented By: TROY S. BROWN
Represented By: DANA E. BECKER
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Defendant: Alabama Medical Consultants, Inc.
Represented By: JOHN D. LADUE
Represented By: ERIN LINDER HANIG
Represented By: HEATHER CARSON PERKINS
Represented By: MARY HERSHEWE
Represented By: TROY S. BROWN
Represented By: DANA E. BECKER
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Defendant: John Cuckler, MD
Represented By: JOHN D. LADUE
Represented By: ERIN LINDER HANIG
Represented By: HEATHER CARSON PERKINS
Represented By: MARY HERSHEWE
Represented By: TROY S. BROWN
Represented By: DANA E. BECKER
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Defendant: BIOMET INC
Represented By: ADRIENNE FRANCO BUSBY
Represented By: J. JOSEPH TANNER
Represented By: JOHN D. LADUE
Represented By: ERIN LINDER HANIG
Represented By: STEPHANIE N. RUSSO
Represented By: ANDREW L. CAMPBELL
Represented By: HEATHER CARSON PERKINS
Represented By: MARY HERSHEWE
Represented By: TROY S. BROWN
Represented By: DANA E. BECKER
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Defendant: BIOMET ORTHOPEDICS, LLC
Represented By: ADRIENNE FRANCO BUSBY
Represented By: J. JOSEPH TANNER
Represented By: JOHN D. LADUE
Represented By: ERIN LINDER HANIG
Represented By: STEPHANIE N. RUSSO
Represented By: ANDREW L. CAMPBELL
Represented By: HEATHER CARSON PERKINS
Represented By: MARY HERSHEWE
Represented By: TROY S. BROWN
Represented By: DANA E. BECKER
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Plaintiff: JOHN BREWER
Represented By: Ilyas Sayeg PHV
Represented By: Altom M Maglio PHV
Represented By: Michele S Stephan PHV
Represented By: Brian S Franciskato PHV
Represented By: Brian S Franciskato
Represented By: RANDY W. JAMES
Represented By: MICHAEL J. COWGILL
Represented By: TOBIAS MILLROOD
Represented By: MICHAEL G. DALY
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