KASKAN v. BIOMET, INC. et al
Plaintiff: Kenneth Kaskan
Defendant: BIOMET MANUFACTURING, LLC, BIOMET U.S. RECONSTRUCTION, LLC, ALABAMA MEDICAL CONSULTANTS, INC., JOHN CUCKLER, MD, BIOMET INC and BIOMET ORTHOPEDICS, LLC
Case Number: 2:2019cv01565
Filed: December 5, 2019
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: Cynthia Reed Eddy
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 5, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 5, 2019 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.
September 24, 2019 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)
September 18, 2019 Opinion or Order 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)
August 21, 2019 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)
August 8, 2019 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)
August 7, 2019 Opinion or Order 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)
August 6, 2019 Opinion or Order 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)
July 2, 2019 Opinion or Order 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)
June 26, 2019 Opinion or Order 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)
June 25, 2019 Opinion or Order 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)
May 9, 2019 Opinion or Order 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)
May 9, 2019 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)
May 7, 2019 Opinion or Order 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)
March 7, 2019 Opinion or Order 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).
March 4, 2019 Opinion or Order 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)
March 4, 2019 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)
February 27, 2019 Opinion or Order 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)
January 10, 2019 Opinion or Order 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)
January 10, 2019 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).
January 7, 2019 Opinion or Order 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)
November 19, 2018 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).
November 14, 2018 Opinion or Order 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)
November 9, 2018 Opinion or Order 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)
October 1, 2018 Opinion or Order 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)
September 24, 2018 Opinion or Order 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)
September 21, 2018 Opinion or Order 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)
September 19, 2018 Opinion or Order 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)
September 19, 2018 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)
September 18, 2018 Filing 26 NOTICE of Appearance by Adrienne Franco Busby on behalf of Biomet Inc, Biomet Orthopedics LLC.(ksc)
September 18, 2018 Filing 25 NOTICE of Appearance by Stephanie N Russo on behalf of Biomet Orthopedics, LLC, Biomet, Inc.(ksc)
September 18, 2018 Filing 24 NOTICE of Appearance by Andrew L Campbell on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc)
September 18, 2018 Filing 23 NOTICE of Appearance by J Joseph Tanner on behalf of Biomet Inc, Biomet Orthopedics LLC.(ksc)
September 12, 2018 Opinion or Order 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)
September 10, 2018 Filing 17 REPLY to Response to Motion re #10 MOTION to Dismiss filed by Alabama Medical Consultants, Inc., John Cuckler, MD. (Hanig, Erin)
September 6, 2018 Opinion or Order 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)
September 6, 2018 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)
September 4, 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)
September 4, 2018 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)
August 24, 2018 Opinion or Order 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)
August 20, 2018 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)
August 20, 2018 Filing 10 MOTION to Dismiss by Defendants Alabama Medical Consultants, Inc., John Cuckler, MD. (Hanig, Erin)
August 20, 2018 Filing 9 ANSWER to #1 Complaint by Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc..(Hanig, Erin)
August 16, 2018 Opinion or Order 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)
July 26, 2018 Opinion or Order 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)
July 18, 2018 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)
July 12, 2018 Opinion or Order 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)
July 3, 2018 Filing 4 WAIVER OF SERVICE Returned Executed by Kenneth Kaskan. All Defendants. (Attachments: #1 Supplement)(Maglio PHV, Altom)
June 26, 2018 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)
June 26, 2018 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)
June 25, 2018 Judge Robert L Miller, Jr and Magistrate Judge Michael G Gotsch, Sr added. (NEW CASE) (jld)
June 20, 2018 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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Search for this case: KASKAN v. BIOMET, INC. et al
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Defendant: BIOMET MANUFACTURING, LLC
Represented By: Erin Linder Hanig
Represented By: John D LaDue
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Defendant: BIOMET U.S. RECONSTRUCTION, LLC
Represented By: Erin Linder Hanig
Represented By: John D LaDue
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Defendant: ALABAMA MEDICAL CONSULTANTS, INC.
Represented By: John D LaDue
Represented By: Erin Linder Hanig
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Defendant: JOHN CUCKLER, MD
Represented By: John D LaDue
Represented By: Erin Linder Hanig
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Defendant: BIOMET INC
Represented By: Adrienne F. Busby
Represented By: J Joseph Tanner
Represented By: Andrew L. Campbell
Represented By: Stephanie N Russo
Represented By: Erin Linder Hanig
Represented By: John D LaDue
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Defendant: BIOMET ORTHOPEDICS, LLC
Represented By: Adrienne F. Busby
Represented By: J Joseph Tanner
Represented By: Andrew L. Campbell
Represented By: Stephanie N Russo
Represented By: Erin Linder Hanig
Represented By: John D LaDue
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Plaintiff: Kenneth Kaskan
Represented By: Ilyas Sayeg PHV
Represented By: Altom M Maglio PHV
Represented By: Michele S Stephan PHV
Represented By: Brian S Franciskato PHV
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