KASKAN v. BIOMET, INC. et al
Kenneth Kaskan |
BIOMET MANUFACTURING, LLC, BIOMET U.S. RECONSTRUCTION, LLC, ALABAMA MEDICAL CONSULTANTS, INC., JOHN CUCKLER, MD, BIOMET INC and BIOMET ORTHOPEDICS, LLC |
2:2019cv01565 |
December 5, 2019 |
US District Court for the Western District of Pennsylvania |
Cynthia Reed Eddy |
Personal Inj. Prod. Liability |
28 U.S.C. § 1332 |
Plaintiff |
Docket Report
This docket was last retrieved on January 22, 2020. A more recent docket listing may be available from PACER.
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Filing 64 CASE MANAGEMENT ORDER: Amended Pleadings due by 7/31/2020; Defendant Expert Reports due by 11/30/2020; Discovery due by 8/31/2020; Expert Depositions to be completed by 1/29/2021; Joinder of Parties due by 7/31/2020; Plaintiff Expert Reports due by 10/30/2020; Mid-Discovery Telephonic Status Conference set for 7/1/2020 at 09:30 AM before Chief Magistrate Judge Cynthia Reed Eddy; Post-Discovery Status Conference set for 9/9/2020 at 10:00 AM in Suite 10160 before Chief Magistrate Judge Cynthia Reed Eddy: Case is administratively closed as more fully set forth in the attached order. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 1/22/2020. (nll) |
Filing 63 Proposed Case Management Order by ALABAMA MEDICAL CONSULTANTS, INC., BIOMET INC, BIOMET MANUFACTURING, LLC, BIOMET ORTHOPEDICS, LLC, BIOMET U.S. RECONSTRUCTION, LLC, JOHN CUCKLER, MD. (Perkins, Heather) |
Filing 62 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Exhibit A) (Perkins, Heather) |
Filing 61 ORDER granting #60 Motion for Brian S. Franciskato to Appear Pro Hac Vice. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 1/10/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Eddy, J.) |
Filing 60 MOTION for attorney Brian S. Franciskato to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5421055) by KENNETH KASKAN. (Attachments: #1 Affidavit of Brian Franciskato in Support of Motion for Admission PHV, #2 Exhibit A to Affidavit in Support of Motion for Admission PHV, #3 Proposed Order Granting Motion for Admission PHV for Brian Franciskato) (Franciskato, Brian) |
Filing 59 ORDER that the previously scheduled Telephonic Status Conference set for 1/6/2020 at 09:30 AM is hereby CANCELLED. IT IS FURTHER ORDERED THAT on or before 1/21/2020 counsel shall confer and file a summary joint status report on the docket, along with any proposed case management order in accordance with local rules of court. Signed by Magistrate Judge Cynthia Reed Eddy on 1/3/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kld) |
Filing 58 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by KENNETH KASKAN. (Cowgill, Michael) |
Filing 57 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by BIOMET INC, BIOMET MANUFACTURING, LLC, BIOMET ORTHOPEDICS, LLC, BIOMET U.S. RECONSTRUCTION, LLC. (Roy, Amy) |
Filing 56 ORDER granting #55 Motion for Heather Carson Perkins to Appear Pro Hac Vice. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 12/30/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Eddy, J.) |
Filing 55 MOTION for attorney Heather Carson Perkins to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5409071) by BIOMET INC, BIOMET MANUFACTURING, LLC, BIOMET ORTHOPEDICS, LLC, BIOMET U.S. RECONSTRUCTION, LLC. (Attachments: #1 Affidavit of Heather Carson Perkins in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A to Affidavit of Heather Carson Perkins in Support of Motion for Admission Pro Hac Vice, #3 Proposed Order Granting Motion for Admission Pro Hac Vice of Heather Carson Perkins) (Perkins, Heather) |
Filing 54 NOTICE of Appearance by Adam M Shienvold on behalf of ALABAMA MEDICAL CONSULTANTS, INC., BIOMET INC, BIOMET MANUFACTURING, LLC, BIOMET ORTHOPEDICS, LLC, BIOMET U.S. RECONSTRUCTION, LLC, JOHN CUCKLER, MD. (Shienvold, Adam) |
Filing 53 NOTICE of Appearance by Alison R. Viola on behalf of ALABAMA MEDICAL CONSULTANTS, INC., BIOMET INC, BIOMET MANUFACTURING, LLC, BIOMET ORTHOPEDICS, LLC, BIOMET U.S. RECONSTRUCTION, LLC, JOHN CUCKLER, MD. (Viola, Alison ) |
Filing 52 NOTICE of Appearance by Amy J. Roy on behalf of ALABAMA MEDICAL CONSULTANTS, INC., BIOMET INC, BIOMET MANUFACTURING, LLC, BIOMET ORTHOPEDICS, LLC, BIOMET U.S. RECONSTRUCTION, LLC, JOHN CUCKLER, MD. (Roy, Amy) |
Filing 51 NOTICE of Appearance by Michael J. Cowgill on behalf of KENNETH KASKAN. (Cowgill, Michael) |
Filing 50 ORDER: A Telephonic Status Conference is set for 1/6/2020 at 09:30 AM before Chief Magistrate Judge Cynthia Reed Eddy as more fully set forth in the attached Order. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 12/11/2019. (sms) |
Filing 49 Case transferred in from District of Indiana Northern; Case Number 3:18-cv-00469. Original file certified copy of transfer order and docket sheet received. |
NOTICE: On the court's own motion, Status Conference set for 10/7/19 is RESET to 11/12/2019 01:00 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) |
Filing 48 FOURTH TRANSFER ORDER AND EXPLANATION TO RECEIVING COURTS . Signed by Judge Robert L Miller, Jr on 9/18/19. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) |
Filing 47 NOTICE by Biomet Manufacturing LLC of Second Amended Joint Proposed Discovery Group 7 Remand Case List (Attachments: #1 Exhibit A)Associated Cases: 3:12-md-02391-RLM-MGG et al.(Hanig, Erin) |
Filing 46 STATUS CONFERENCE held on 8/8/2019 before Judge Robert L Miller, Jr. Pla appeared by atty Navan Ward. Dft appeared by attys John Winter and Erin Hanig. Topics discussed included the status of discovery in Groups 8A and 8B, remand and transfer of Group 7 cases, and disposition of settled cases. Next status conference set for Monday, October 7, 2019 at 1:00 p.m. (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) |
Filing 45 OPINION AND ORDER : Plaintiffs Executive Committees motion to modify future remand/transfer orders [Doc. No. 3767 ] is DENIED. Signed by Judge Robert L Miller, Jr on 8/7/19. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) |
Filing 44 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the status conference on August 8, 2019 at 9:30 a.m. (EST).. Signed by Judge Robert L Miller, Jr on 8/6/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) |
Filing 43 AMENDED REMAND/TRANSFER SCHEDULE FOR DISCOVERY GROUPS 7 AND 8 This order sets forth the remand and/or transfer deadlines to applicable to Discovery Groups 7, 8A and B. Signed by Judge Robert L Miller, Jr on 7/2/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) |
Filing 42 REMAND/TRANSFER SHCEDULE FOR DISCOVERY GROUPS 7 AND 8 This order sets forth the remand and/or transfer deadlines applicable to Discovery Groups 7, 8A, and 8B. Signed by Judge Robert L Miller, Jr on 6/26/2019. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) |
Filing 41 ORDER : The status conference previously scheduled for July 18, 2019 is now RESET for Thursday, August 8, 2019, at 9:30 a.m. (E.D.T.) in US District Court - South Bend before Judge Robert L Miller Jr. Signed by Judge Robert L Miller, Jr on 6/25/19. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) |
Filing 40 MEMORANDUM AND ORDER FOR MAY 9, 2019 STATUS CONFERENCE : Summary of topics discussed and action taken. Next status conference set for July 18, 2019 at 1:30 p.m. (EDT). Signed by Judge Robert L Miller, Jr on 5/9/19. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) |
Filing 39 STATUS CONFERENCE held on 5/9/2019 before Judge Robert L Miller, Jr. Pla appeared by atty B. Fulmer. Dft appeared by attys E. Hanig, J. Winter. The court hears from the parties. Next Status Conference set for 7/18/2019 01:30 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Written memorandum to follow. (Court Reporter T. Gallucci.) Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) |
Filing 38 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the status conference on May 9, 2019 at 1:30 p.m. (EST).. Signed by Judge Robert L Miller, Jr on 5/7/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) |
Filing 37 OPINION AND ORDER: The Cuckler defendants' #10 MOTION to Dismiss for lack of personal jurisdiction is GRANTED. Signed by Judge Robert L Miller, Jr on 3/7/19. (jld) Modified on 3/18/2019 (jld). |
Filing 36 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) |
Filing 35 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) |
Filing 34 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) |
Filing 33 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) |
Filing 32 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). |
Filing 31 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) |
Filing 30 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). |
Filing 29 ORDER ACTIVATING DISCOVERY GROUP 7 Identifies cases to be included in Group 7 for purposes of case-specific discovery and related deadlines. Completed and updated medical records authorizations to be provided to Biomet by 12/14/2018. Case-specific Discovery deadline is 7/12/2019. The parties are directed to confer and file a report within 90 days of the date of this order regarding management of all remaining cases. Signed by Judge Robert L Miller, Jr on 11-14-18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) |
Filing 28 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) |
Filing 27 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) |
Filing 22 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) |
Filing 21 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) |
Filing 20 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) |
Filing 19 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) |
Filing 26 NOTICE of Appearance by Adrienne Franco Busby on behalf of Biomet Inc, Biomet Orthopedics LLC.(ksc) |
Filing 25 NOTICE of Appearance by Stephanie N Russo on behalf of Biomet Orthopedics, LLC, Biomet, Inc.(ksc) |
Filing 24 NOTICE of Appearance by Andrew L Campbell on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) |
Filing 23 NOTICE of Appearance by J Joseph Tanner on behalf of Biomet Inc, Biomet Orthopedics LLC.(ksc) |
Filing 18 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) |
Filing 17 REPLY to Response to Motion re #10 MOTION to Dismiss filed by Alabama Medical Consultants, Inc., John Cuckler, MD. (Hanig, Erin) |
Filing 16 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) |
Filing 15 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) |
Filing 14 NOTICE by Kenneth Kaskan re #1 Complaint, #13 Response to Motion Notice of Filing Deposition Transcript (Attachments: #1 Transcript and Exhibits)(Stephan PHV, Michele) |
Filing 13 RESPONSE to Motion re #10 MOTION to Dismiss filed by Kenneth Kaskan. (Attachments: #1 Affidavit, #2 Exhibit Exhibits A-G)(Stephan PHV, Michele) |
Filing 12 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) |
Filing 11 BRIEF in Support of #10 MOTION to Dismiss filed by John Cuckler, MD, Alabama Medical Consultants, Inc.. (Attachments: #1 Exhibit A)(Hanig, Erin) |
Filing 10 MOTION to Dismiss by Defendants Alabama Medical Consultants, Inc., John Cuckler, MD. (Hanig, Erin) |
Filing 9 ANSWER to #1 Complaint by Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc..(Hanig, Erin) |
Filing 8 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) |
Filing 7 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) |
Filing 6 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) |
Filing 5 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) |
Filing 4 WAIVER OF SERVICE Returned Executed by Kenneth Kaskan. All Defendants. (Attachments: #1 Supplement)(Maglio PHV, Altom) |
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) |
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) |
Judge Robert L Miller, Jr and Magistrate Judge Michael G Gotsch, Sr added. (NEW CASE) (jld) |
Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 receipt number 0755-3600007.), filed by Kenneth Kaskan. (Attachments: #1 Civil Cover Sheet)(Maglio PHV, Altom) |
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