Ferschke v. Biomet Inc et al
Plaintiff: Michael H Ferschke, Sr
Defendant: Biomet Orthopedics, LLC, Biomet Manufacturing Inc, Biomet U.S. Reconstruction LLC and Biomet Inc
Case Number: 3:2020cv00167
Filed: April 20, 2020
Court: US District Court for the Eastern District of Tennessee
Presiding Judge: Curtis L Collier
Referring Judge: Debra C Poplin
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product 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 April 20, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 20, 2020 Opinion or Order Filing 73 ORDER: The parties are ordered to confer and return the attached form within the time provided. Signed by District Judge Curtis L Collier on 4/20/2020. (copies mailed attorneys for the plaintiff and defendants) (Attachments: #1 Other Consent Form) (KMK)
April 20, 2020 Opinion or Order Filing 72 Order Governing Sealing Confidential Information - Signed by District Judge Curtis L Collier on 4/20/2020. (copies mailed to attorneys for the plaintiff and defendants) (KMK)
April 20, 2020 Opinion or Order Filing 71 Order Governing Motions To Dismiss - Signed by District Judge Curtis L Collier on 4/20/2020. (copies mailed to attorneys for plaintiff and defendants) (KMK)
April 20, 2020 Opinion or Order Filing 70 Order Governing Depositions - Signed by District Judge Curtis L Collier on 4/20/2020. (copies mailed to attorneys of record for plaintiff and defendants) (KMK)
April 20, 2020 Filing 69 NOTICE of Deficiency (Pro Hac) - Attorney Teresa Griffin (copy mailed to Teresa Griffin and NEF sent to Teresa.griffin@faegredrinker.com) (KMK)
April 20, 2020 Filing 68 NOTICE of Deficiency (Pro Hac) - Attorney Stephanie Russo (copy mailed to Stephanie Russo and NEF sent to attorney Russo at stephanie.russo@faegredrinker.com) (KMK)
April 20, 2020 Filing 67 NOTICE of Deficiency (Pro Hac) - Attorney John LaDue (copy mailed to John LaDue and NEF sent to attorney LaDue at jladue@southbank.legal) (KMK)
April 20, 2020 Filing 66 NOTICE of Deficiency (Pro Hac) - Attorney J. Joseph Turner (copy mailed to J. Joseph Turner and NEF sent to attorney Turner at joe.tanner@faegredrinker.com) (KMK)
April 20, 2020 Filing 65 NOTICE of Deficiency (Pro Hac) - Attorney Erin Linder Hanig (copy mailed to Erin Linder Hanig and NEF sent to attorney Hanig at ehanig@southbank.legal) (KMK)
April 20, 2020 Filing 64 NOTICE of Deficiency (Pro Hac) - Attorney Andrew Campbell (copy mailed to Andrew Campbell and NEF sent to attorney Campbell at Andrew.Campbell@FaegreBD.com) (KMK)
April 20, 2020 Filing 63 NOTICE of Deficiency (Pro Hac) - Attorney Adrienne Busby (copy mailed to Adrienne Busby and NEF sent to attorney Busby at adrienne.busby@faegrebd.com) (KMK)
April 20, 2020 Filing 62 NOTICE of Deficiency (Pro Hac) - Attorney Trevor Rockstad for Plaintiff (copy mailed to Trevor Rockstad and NEF sent to attorney Rockstad at trevor.rockstad@daviscrump.com) (KMK)
April 20, 2020 Filing 61 Case electronically transferred in from the Northern District of Indiana; Case Number 3:18-cv-00334.
March 16, 2020 Opinion or Order Filing 60 FIFTH TRANSFER ORDER 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 designated in the order. This case is TRANSFERRED to the Eastern District of Tennessee. Signed by Judge Robert L Miller, Jr on 3/16/20. (jld) [Transferred from Indiana Northern on 4/20/2020.]
March 12, 2020 Opinion or Order Filing 59 MEMORANDUM AND ORDER Memorandum regarding additional discovery and management of remaining cases. Signed by Judge Robert L Miller, Jr on 3/12/20. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 4/20/2020.]
March 9, 2020 Filing 58 STATUS CONFERENCE held on 3/9/2020 before Judge Robert L Miller, Jr. Pla appeared by atty B. Fulmer, N. Ward, M. Kranz, and B. Franciskato in person; J. Saunders, P. Shaw, T. Rockstad, and C. Shakib by phone. Dft appeared by atty J. Winter, E. Hanig, J. Tanner, and T. Griffin in person. The court hears from the parties. Written order to follow. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 4/20/2020.]
March 6, 2020 Filing 57 RESPONSE by Brian S Franciskato to (3824 in 3:12-md-02391-RLM-MGG) Response/Reply,,,, . Associated Cases: 3:12-md-02391-RLM-MGG et al.(Franciskato PHV, Brian) [Transferred from Indiana Northern on 4/20/2020.]
March 5, 2020 Opinion or Order Filing 56 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the status conference on March 9, 2020 at 1:00 p.m. (EDT). Signed by Judge Robert L Miller, Jr on 3/5/20. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 4/20/2020.]
March 3, 2020 Filing 55 NOTICE of Appearance by Teresa A Griffin on behalf of Biomet Inc, Biomet Manufacturing Corp, Biomet Orthopedics LLC, Biomet US Reconstruction LLC, Biomet Orthopedics, LLC, Biomet US Reconstruction, LLC, Biomet, Inc., Biomet Manufacturing, Inc., Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc., Biomet U.S. Reconstruction LLC, Biomet Orthopedics Inc, Biomet Manufacturing, LLC, John Cuckler, MD, Zimmer Biomet Holdings, Inc., Biomet Fair Lawn LLC, Biomet LLC, Biomet Manufacturing LLC, Biomet US Reconstruction LLC, Biomet U.S. Reconstruction, LLC, Biomet US Reconstruction LLC, Biomet, Inc, Biomet Manufacturing LLC, Zimmer Biomet Holdings Inc, Alabama Medical Consultants, Inc., Biomet US Reconstruction LLC, Zimmer US Inc, Biomet Manufacturing Inc, Biomet U.S. Reconstruction LLC Associated Cases: 3:12-md-02391-RLM-MGG et al.(Griffin, Teresa) [Transferred from Indiana Northern on 4/20/2020.]
February 7, 2020 Opinion or Order Filing 54 ORDER The March 9, 2020 scheduling conference is converted from a telephonic to an in person hearing. Biomet to file a list of all federal post-remand/transfer cases in which non-case-specific discovery has been allowed over Biomet's opposition and a list of any pending member cases that the court would have jurisdiction to try by February 28, 2020. Signed by Judge Robert L Miller, Jr on 2/7/20. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 4/20/2020.]
January 24, 2020 Filing 53 NOTICE OF HEARING Telephonic Status Conference is RESET for 3/9/2020 at 1:00 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr.. This is a text only entry.Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 4/20/2020.]
January 21, 2020 Opinion or Order Filing 52 ORDER : On the court's own motion, the telephonic status conference on January 22, 2020 is VACATED and will be reset by separate order. Text-only order by Judge Robert L Miller, Jr on 1/21/2020. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 4/20/2020.]
January 16, 2020 Opinion or Order Filing 51 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the telephonic status conference on January 22, 2020 at 1:00 p.m. (EST). Signed by Judge Robert L Miller, Jr on 1/16/20. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 4/20/2020.]
November 12, 2019 Filing 50 TELEPHONIC STATUS CONFERENCE held on 11/12/2019 before Judge Robert L Miller, Jr. Pla appeared by atty B. Fulmer and A. Diab. Dft appeared by atty J. Winter and E. Hanig. The Court hears from parties. The next Telephonic Status Conference is set for 1/22/2020 at 1:00 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 4/20/2020.]
November 8, 2019 Opinion or Order Filing 49 ORDER CONCERNING NOVEMBER 12, 2019 TELEPHONIC STATUS CONFERENCE : This matter is set for a telephonic status conference on November 12, 2019 at 1:00 p.m. (EST). The conference number is 720-903-7875, and the conference code is 3131-532#. Please call the line fifteen (15) minutes before the call begins, and identify everyone on the call to the operator. No recording of the status conferences is allowed. Attendees have no speaking parts unless authorized in advance by the court. Signed by Judge Robert L Miller, Jr on 11/8/19. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 4/20/2020.]
November 7, 2019 Filing 48 NOTICE: The November 12, 2019 status conference will be conducted by telephone. Plaintiffs' Lead Counsel to make arrangements for the call. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 4/20/2020.]
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) [Transferred from Indiana Northern on 4/20/2020.]
August 8, 2019 Filing 47 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) [Transferred from Indiana Northern on 4/20/2020.]
August 7, 2019 Opinion or Order Filing 46 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) [Transferred from Indiana Northern on 4/20/2020.]
August 6, 2019 Opinion or Order Filing 45 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) [Transferred from Indiana Northern on 4/20/2020.]
July 2, 2019 Opinion or Order Filing 44 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) [Transferred from Indiana Northern on 4/20/2020.]
June 26, 2019 Opinion or Order Filing 43 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) [Transferred from Indiana Northern on 4/20/2020.]
June 25, 2019 Opinion or Order Filing 42 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) [Transferred from Indiana Northern on 4/20/2020.]
May 9, 2019 Opinion or Order Filing 41 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) [Transferred from Indiana Northern on 4/20/2020.]
May 9, 2019 Filing 40 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) [Transferred from Indiana Northern on 4/20/2020.]
May 7, 2019 Opinion or Order Filing 39 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) [Transferred from Indiana Northern on 4/20/2020.]
April 11, 2019 Filing 38 NOTICE to Take Deposition of Dr. Harold Cates by Michael H Ferschke, Sr.(Rockstad PHV, Trevor) [Transferred from Indiana Northern on 4/20/2020.]
March 11, 2019 Opinion or Order Filing 37 ORDER ACTIVATING DISCOVERY GROUP 8A Identifies cases to be included in Discovery Group 8A for purposes of case-specific discovery and related deadlines. Signed by Judge Robert L Miller, Jr on 3/11/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) Modified on 3/12/2019 to correct Group number (jld). [Transferred from Indiana Northern on 4/20/2020.]
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) [Transferred from Indiana Northern on 4/20/2020.]
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) [Transferred from Indiana Northern on 4/20/2020.]
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) [Transferred from Indiana Northern on 4/20/2020.]
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) [Transferred from Indiana Northern on 4/20/2020.]
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). [Transferred from Indiana Northern on 4/20/2020.]
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) [Transferred from Indiana Northern on 4/20/2020.]
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). [Transferred from Indiana Northern on 4/20/2020.]
November 9, 2018 Opinion or Order Filing 29 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 4/20/2020.]
October 1, 2018 Opinion or Order Filing 28 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 4/20/2020.]
September 24, 2018 Opinion or Order Filing 23 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 4/20/2020.]
September 21, 2018 Opinion or Order Filing 22 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 4/20/2020.]
September 19, 2018 Opinion or Order Filing 21 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 4/20/2020.]
September 19, 2018 Filing 20 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 4/20/2020.]
September 18, 2018 Filing 27 NOTICE of Appearance by Adrienne Franco Busby on behalf of Biomet Inc, Biomet Orthopedics LLC.(ksc) [Transferred from Indiana Northern on 4/20/2020.]
September 18, 2018 Filing 26 NOTICE of Appearance by Stephanie N Russo on behalf of Biomet Orthopedics, LLC, Biomet, Inc.(ksc) [Transferred from Indiana Northern on 4/20/2020.]
September 18, 2018 Filing 25 NOTICE of Appearance by Andrew L Campbell on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 4/20/2020.]
September 18, 2018 Filing 24 NOTICE of Appearance by J Joseph Tanner on behalf of Biomet Inc, Biomet Orthopedics LLC.(ksc) [Transferred from Indiana Northern on 4/20/2020.]
September 12, 2018 Opinion or Order Filing 19 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 4/20/2020.]
September 6, 2018 Opinion or Order Filing 18 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 4/20/2020.]
September 6, 2018 Filing 17 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 4/20/2020.]
August 24, 2018 Opinion or Order Filing 16 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 4/20/2020.]
August 16, 2018 Opinion or Order Filing 15 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 4/20/2020.]
July 26, 2018 Opinion or Order Filing 14 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 4/20/2020.]
July 18, 2018 Filing 13 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 4/20/2020.]
July 12, 2018 Opinion or Order Filing 12 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 4/20/2020.]
July 10, 2018 Filing 11 WAIVER OF SERVICE Returned Executed by Michael H Ferschke, Sr. Biomet Inc waiver sent on 5/10/2018, answer due 7/9/2018. (Rockstad PHV, Trevor) [Transferred from Indiana Northern on 4/20/2020.]
July 10, 2018 Filing 10 WAIVER OF SERVICE Returned Executed by Michael H Ferschke, Sr. Biomet Manufacturing Inc waiver sent on 5/10/2018, answer due 7/9/2018. (Rockstad PHV, Trevor) Modified on 7/11/2018 to correct docket entry (ksp). [Transferred from Indiana Northern on 4/20/2020.]
July 10, 2018 Filing 9 WAIVER OF SERVICE Returned Executed by Michael H Ferschke, Sr. Biomet Orthopedics LLC waiver sent on 5/10/2018, answer due 7/9/2018. (Rockstad PHV, Trevor) [Transferred from Indiana Northern on 4/20/2020.]
July 10, 2018 Filing 8 WAIVER OF SERVICE Returned Executed by Michael H Ferschke, Sr. Biomet U.S. Reconstruction LLC waiver sent on 5/10/2018, answer due 7/9/2018. (Rockstad PHV, Trevor) [Transferred from Indiana Northern on 4/20/2020.]
July 9, 2018 Filing 7 ANSWER to #1 Complaint by Biomet Inc, Biomet Manufacturing Inc, Biomet Orthopedics LLC, Biomet U.S. Reconstruction LLC.(Hanig, Erin) [Transferred from Indiana Northern on 4/20/2020.]
May 29, 2018 Filing 6 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 4/20/2020.]
May 17, 2018 Filing 5 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 4/20/2020.]
May 16, 2018 Filing 4 NOTICE of Appearance by John D LaDue on behalf of Biomet Inc, Biomet Manufacturing Inc, Biomet Orthopedics LLC, Biomet U.S. Reconstruction LLC (LaDue, John) [Transferred from Indiana Northern on 4/20/2020.]
May 16, 2018 Filing 3 NOTICE of Appearance by Erin Linder Hanig on behalf of Biomet Inc, Biomet Manufacturing Inc, Biomet Orthopedics LLC, Biomet U.S. Reconstruction LLC (Hanig, Erin) [Transferred from Indiana Northern on 4/20/2020.]
May 11, 2018 Judge Robert L Miller, Jr and Magistrate Judge Michael G Gotsch, Sr added. (NEW CASE) (jld) [Transferred from Indiana Northern on 4/20/2020.]
May 9, 2018 Filing 2 NOTICE by Michael Ferschke of Related Case (Rockstad PHV, Trevor) [Transferred from Indiana Northern on 4/20/2020.]
May 9, 2018 Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 receipt number 0755-3563307.), filed by Michael Ferschke. (Attachments: #1 Civil Cover Sheet)(Rockstad PHV, Trevor) [Transferred from Indiana Northern on 4/20/2020.]

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Defendant: Biomet Orthopedics, LLC
Represented By: Stephanie N Russo
Represented By: Adrienne Franco Busby
Represented By: John D LaDue
Represented By: Teresa A Griffin
Represented By: Erin Linder Hanig
Represented By: Andrew L Campbell
Represented By: J Joseph Tanner
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Defendant: Biomet Manufacturing Inc
Represented By: John D LaDue
Represented By: Teresa A Griffin
Represented By: Erin Linder Hanig
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Defendant: Biomet U.S. Reconstruction LLC
Represented By: John D LaDue
Represented By: Teresa A Griffin
Represented By: Erin Linder Hanig
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Defendant: Biomet Inc
Represented By: Stephanie N Russo
Represented By: Adrienne Franco Busby
Represented By: John D LaDue
Represented By: Teresa A Griffin
Represented By: Erin Linder Hanig
Represented By: Andrew L Campbell
Represented By: J Joseph Tanner
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Plaintiff: Michael H Ferschke, Sr
Represented By: Trevor Rockstad
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