Walker v. Biomet Inc et al
Plaintiff: Barbara Linda Walker
Defendant: Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet Manufacturing, LLC and Biomet Inc
Case Number: 3:2019mc00003
Filed: January 14, 2019
Court: US District Court for the Middle District of Tennessee
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28:1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 14, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 14, 2019 Filing 203 CERTIFIED RECORD transferred in from the ND of Indiana, Case Number 3:14-cv-01749. Documents found in 3:19-mc-3, related to 2:14-cv-59.
December 28, 2018 Filing 202 CONDITIONAL REMAND ORDER This case is remanded to the Middle District of Tennessee. Signed by Jeffrey N Luthi, Clerk of the Panel on 12/28/18. (jld) [Transferred from Indiana Northern on 1/14/2019.]
December 12, 2018 Filing 201 SECOND SUGGESTION OF REMAND AND EXPLANATION TO TRANSFEROR COURTS Pursuant to 28 USC 1407(a) and Panel Rule 10.1(b), the court suggests that the Judicial Panel on Multidistrict Litigation remand the cases listed in Exhibit A to the districts from which they were transferred.. Signed by Judge Robert L Miller, Jr on 12/12/18. Associated Cases: 3:12-md-02391-RLM-MGG et al. (copy sent to Judicial Panel on Multidistrict Litigation)(jld) [Transferred from Indiana Northern on 1/14/2019.]
November 19, 2018 Filing 200 STATUS CONFERENCE held on 11/15/2018 before Judge Robert L Miller, Jr. Pla appeared by atty Brenda Fulmer. Dft appeared by atty John Winter, Erin Hanig. Topics discussed included status of discovery in Groups 6 and 7 and pending motions. Next status conference set for Wednesday, January 9, 2019 at 1:15 p.m. (EST) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) Modified on 12/13/2018 to correct date of hearing (jld). [Transferred from Indiana Northern on 1/14/2019.]
November 9, 2018 Opinion or Order Filing 199 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 1/14/2019.]
October 1, 2018 Opinion or Order Filing 198 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 1/14/2019.]
September 24, 2018 Opinion or Order Filing 193 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 1/14/2019.]
September 21, 2018 Opinion or Order Filing 192 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 1/14/2019.]
September 19, 2018 Opinion or Order Filing 191 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 1/14/2019.]
September 19, 2018 Filing 190 STATUS CONFERENCE held on 9/19/2018 before Judge Robert L Miller, Jr. Pla appeared by atty N. Ward and B. Fulmer (by phone). Dft appeared by atty E. Hanig, J. Winter, J. LaDue, J. Tanner (in person). The Court hears from parties. Written order to follow. The next Status Conference is set for 11/8/2018 at 1:15 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
September 18, 2018 Filing 197 NOTICE of Appearance by Adrienne Franco Busby on behalf of Biomet Inc, Biomet Orthopedics LLC.(ksc) [Transferred from Indiana Northern on 1/14/2019.]
September 18, 2018 Filing 196 NOTICE of Appearance by Stephanie N Russo on behalf of Biomet Orthopedics, LLC, Biomet, Inc.(ksc) [Transferred from Indiana Northern on 1/14/2019.]
September 18, 2018 Filing 195 NOTICE of Appearance by Andrew L Campbell on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 1/14/2019.]
September 18, 2018 Filing 194 NOTICE of Appearance by J Joseph Tanner on behalf of Biomet Inc, Biomet Orthopedics LLC.(ksc) [Transferred from Indiana Northern on 1/14/2019.]
September 12, 2018 Opinion or Order Filing 189 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 1/14/2019.]
September 6, 2018 Opinion or Order Filing 188 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 1/14/2019.]
September 6, 2018 Filing 187 SUGGESTION OF REMAND/EXPLANATION TO TRANSFEROR COURTS Pursuant to 28 USC 1407(a) and Panel Rule 10.1(b), the court suggests that the Judicial Panel on Multidistrict Litigation remand the cases listed in Exhibit A to the districts from which they were transferred. Signed by Judge Robert L Miller, Jr on 9/6/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) (A copy of this Order was emailed to the Judicial Panel on Multidistrict Litigation on 9/6/2018) [Transferred from Indiana Northern on 1/14/2019.]
August 24, 2018 Opinion or Order Filing 186 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 1/14/2019.]
August 16, 2018 Opinion or Order Filing 185 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 1/14/2019.]
July 26, 2018 Opinion or Order Filing 184 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 1/14/2019.]
July 18, 2018 Filing 183 TELEPHONE CONFERENCE held on 7/18/2018 before Judge Robert L Miller, Jr. Pla appeared by atty A. Davis, N. Ward. Dft appeared by atty E. Hanig, J. LaDue, J. Winter. Topics discussed included status of Group 5 and 6 discovery, the proposed pretrial order on remand, upcoming expert video depositions, pro se cases and pending motions. Following discussion, the court directed plaintiff's counsel to file any motion to enforce settlement in Simpson v. Biomet, 3:16cv466, by Aug 9, 2018. Next status conference set for Aug 27, 2018 at 1:30 p.m. (EDT) before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
July 12, 2018 Opinion or Order Filing 182 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 1/14/2019.]
May 29, 2018 Filing 181 Docket Annotation: The Dismissal Order entered on 5/29/2018 related to only three member cases, but was inadvertently docketed in all pending member cases. To avoid confusion and correct the error, the original entry [Doc. No. 3593 ] was deleted from the master and all member case dockets, and the order was redocketed in 3:12md2391 [Doc. No. 3596 ] and the related member cases (3:13cv1243, 3:14cv1243, and 3:16cv170).Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
May 17, 2018 Filing 180 STATUS CONFERENCE held on 5/17/2018 before Judge Robert L Miller, Jr. Pla appeared by atty Brenda Fulmer. Dft appeared by atty John Winter and John LaDue. The Court hears from parties. A Status Conference is set for 7/18/2018 at 1:30 PM (EST) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter J. Hoffman.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
May 9, 2018 Opinion or Order Filing 179 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 1/14/2019.]
April 23, 2018 Opinion or Order Filing 178 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 1/14/2019.]
April 10, 2018 Opinion or Order Filing 177 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 1/14/2019.]
March 29, 2018 Opinion or Order Filing 176 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 1/14/2019.]
March 26, 2018 Opinion or Order Filing 175 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 1/14/2019.]
March 14, 2018 Opinion or Order Filing 174 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 1/14/2019.]
March 12, 2018 Filing 173 STATUS CONFERENCE held on 3/12/2018 before Judge Robert L Miller, Jr. Pla appeared by attys Jasper Ward (in person), Brenda Fulmer and Ahmad Diab (by phone). Dft appeared by attys Erin Hanig, John LaDue, and John Winter (all in person). The Court hears from parties. Status Conference set for 5/17/2018 at 1:00 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Written order to follow.(Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
February 8, 2018 Opinion or Order Filing 172 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 1/14/2019.]
February 1, 2018 Opinion or Order Filing 171 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 1/14/2019.]
January 30, 2018 Filing 170 TELEPHONIC STATUS CONFERENCE held on 1/30/2018 before Judge Robert L Miller, Jr. Pla appeared by atty Brenda Fulmer (in person), Ahmed Diab and Justin Presnal (by phone). Dft appeared by atty Erin Linder and John LaDue (in person), John Winter (by phone). The next Status Conference is set for 3/12/2018 at 1:30 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Written order to follow.(Court Reporter Debra Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al. (jld) [Transferred from Indiana Northern on 1/14/2019.]
January 25, 2018 Opinion or Order Filing 169 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 1/14/2019.]
January 8, 2018 Opinion or Order Filing 168 ORDER The Joint Motion to Amend Group 5 Case List 3491 is GRANTED, and the the pool of cases listed on Amended Exhibit A is SUBSTITUTED as Group 5 for case-specific discovery. Signed by Judge Robert L Miller, Jr on 1/8/18. Associated Cases: 3:12-md-02391-RLM-MGG et al (jld) [Transferred from Indiana Northern on 1/14/2019.]
January 3, 2018 Opinion or Order Filing 167 ORDER TO SHOW CAUSE: The Court AFFORDS the plaintiffs listed on Exhibit A 30 days from the date of this order to show cause why their individual case should not be dismissed with prejudice. Signed by Judge Robert L Miller, Jr on 1/3/2018. (Copy mailed to pro se parties) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
December 21, 2017 Filing 166 OPINION AND ORDER DENYING 3381 Executive Committee's motion to exclude opinions and testimony of Biomet's expert Steven R. Schmid; GRANTING IN PART AND DENYING IN PART 3382 the Executive Committee's motion to exclude opinions and testimony of Biomet expert David Schroeder; DENYING 3383 the Executive Committee's motion to exclude opinions and testimony of Biomet's expert Daniel Schultz, M.D.; GRANTING IN PART AND DENYING IN PART 3384 the Executive Committee's motion to exclude opinions and testimony of Biomet's expert Andrew I Spitzer, M.D.; GRANTING IN PART AND DENYING IN PART 3385 the Executive Committee's Motion to exclude opinions and testimony of Biomet's expert Dr. Kenneth St. John; DENYING 3386 Biomet's motion to exclude opinions and testimony of the plaintiffs' expert Mari Truman; GRANTING IN PART AND DENYING IN PART 3399 Biomet's motion to exclude opinions and testimony of the plaintiffs' expert George S Kantor, M.D. Associated Cases: 3:12-md-02391-RLM-MGG et al(jld) [Transferred from Indiana Northern on 1/14/2019.]
December 18, 2017 Opinion or Order Filing 165 ORDER ACTIVATING GROUP 5 DISCOVERY Identifies cases to be included in Group 5 for purposes of case-specific discovery and related deadlines. Completed and updated medical records authorizations to be provided to Biomet by 2/2/2018. Case-specific Discovery deadline is 9/14/2018.. Signed by Judge Robert L Miller, Jr on 12/18/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
December 18, 2017 Opinion or Order Filing 164 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 1/14/2019.]
December 12, 2017 Opinion or Order Filing 163 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 1/14/2019.]
October 23, 2017 Opinion or Order Filing 162 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 1/14/2019.]
August 28, 2017 Opinion or Order Filing 161 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 1/14/2019.]
August 18, 2017 Opinion or Order Filing 160 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 1/14/2019.]
July 14, 2017 Opinion or Order Filing 159 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 1/14/2019.]
July 10, 2017 Opinion or Order Filing 158 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 1/14/2019.]
June 15, 2017 Opinion or Order Filing 157 ORDER GRANTING ( 3354 ) Motion for Extension of Time to File in case 3:12-md-02391-RLM-MGG. The defendants shall have to and including 7/31/2017 to file any motion directed at the admissibility of Dr. Kantor's testimony under Federal Rule of Evidence 702. Response due by 8/31/17 and Reply to be filed by 9/11/2017. Signed by Robert L Miller, Jr on 6/15/17. (Copy mailed to pro se party)Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
April 28, 2017 Set Hearings: Status Conference set for 7/13/2017 09:30 AM in US District Court - South Bend before Judge Robert L Miller Jr. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
April 28, 2017 Opinion or Order Filing 156 MEMORANDUM AND ORDER FOR APRIL 24, 2017 PRO SE HEARING AND STATUS CONFERENCE Brenda Fulmer appeared for the plaintiffs; John Winter, John LaDue, and Erin Linder Hanig appeared for the defendants. Topics addressed included the pro se and Metal-on-Polyethylene (MoP) cases, active case count, status of discovery in Groups 3 and 4, and pending motions with actions taken in specific case as set forth in the Order. The next status conference is set for 7/13/2017 at 9:30 am (EDT). Signed by Judge Robert L Miller, Jr on 4/28/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
April 24, 2017 Filing 155 STATUS CONFERENCE held on 4/24/2017 before Judge Robert L Miller, Jr. Plas appeared by atty Brenda Fulmer. Dfts appeared by atty John Winter, John LaDue, and Erin Hanig. Roland Jarquio appears on behalf of Nabileh & Ramon Jarquio (3:13cv933). The Court hears from parties. A Status Conference is set for 7/13/2017 at 9:30 AM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Written order to follow.(Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
April 21, 2017 Opinion or Order Filing 154 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the April 24, 2017 telephonic status conference at 1:30 p.m. (E.D.T.). Signed by Judge Robert L Miller, Jr on 4/21/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
March 28, 2017 Filing 153 TELEPHONE CONFERENCE held on 3/28/2017 before Judge Robert L Miller, Jr. Pla appeared by atty Ahmed Diab, Brenda Fulmer, and Justin Presnal. Dft appeared by atty John Winter, Erin Hanig, and John LaDue. The parties advised the court on the status of active/unresolved cases and discovery; indicated that they had reached an agreement regarding the composition of Group 4 for discovery purposes and would be submitting a proposed order by early April, with scheduling deadlines to be determined by the court; and confirmed that the hearing regarding management of the remaining pro se cases would proceed as scheduled on April 24, 2017 at 1:30 p.m. (EDT). The court set the next status conference for April 24, 2017, following the pro se case management hearing. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
March 23, 2017 Opinion or Order Filing 152 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the March 28, 2017 telephonic status conference at 1:30 p.m. (E.D.T.). Signed by Judge Robert L Miller, Jr on 3/23/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
February 23, 2017 Opinion or Order Filing 151 ORDER On the courts own motion and without objection, the telephonic status conference currently set for February 27, 2017 is RESET for Tuesday, March 28, 2017, at 1:30 p.m. (E.D.T.). Signed by Judge Robert L Miller, Jr on 2/23/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
December 15, 2016 Opinion or Order Filing 150 MEMORANDUM AND ORDER FOR DECEMBER 15, 2016 STATUS CONFERENCE Summary of topics discussed and action taken. Next status conference set for 2/27/2017 09:30 AM in US District Court - South Bend before Judge Robert L Miller Jr. Signed by Judge Robert L Miller, Jr on 12/15/16. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 1/14/2019.]
November 28, 2016 Opinion or Order Filing 149 ORDER ACTIVATING GROUP 3 DISCOVERY The Court ACTIVATES the pool of cases listed on Exhibit A as Group 3 for case-specific discovery. Completed and updated medical records authorizations to be provided to Biomet by 2/28/2017. Parties may engage in case-specific discovery for Group 3 cases until 8/25/2017 as set forth in the Order. Signed by Judge Robert L Miller, Jr on 11/28/16. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
November 28, 2016 Opinion or Order Filing 148 MEMORANDUM AND ORDER FOR NOVEMBER 7, 2016 STATUS CONFERENCE Summary of topics discussed. Parties to submit proposed scheduling order re: Group 3 by Nov 11. Next status conference set for December 15, 2016 at 9:00 a.m. (E.S.T.). Signed by Judge Robert L Miller, Jr on 11/28/16. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
November 28, 2016 Filing 147 NOTICE of Change of Address/Contact Information Associated Cases: 3:12-md-02391-RLM-MGG et al.(Hanig, Erin) [Transferred from Indiana Northern on 1/14/2019.]
November 15, 2016 Opinion or Order Filing 146 ORDER RE: GROUP 3, MANAGEMENT OF PRO SE CASES, AND STATE COURT COORDINATION I OVERRULE the objection to including the Gearon case in Group 3; GRANT the motion (DE 121 in 3:15cv13) to include the Zamora case in Group 3; DECLINE to order inclusion of the ten year cases in Group 3; and propose to issue a modified Lone Pine order and letter to state judges. If no suggestions for improvement are received by November 23, I will issue the Lone Pine order and direct the letters to be sent. Signed by Judge Robert L Miller, Jr on 11/15/16. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
November 7, 2016 Filing 145 STATUS CONFERENCE held on 11/7/2016 before Judge Robert L Miller, Jr. Plaintiffs appeared by atty B. Fulmer, N. Ward, A. Diab (by phone), J. Ward (by phone). Defendants appeared by atty J. Winter, J. LaDue, E. Hanig, J. Kashman. Court hears from parties. A Telephonic Status Conference is set for 12/15/2016 at 9:00 AM (EST) in US District Court - South Bend before Judge Robert L Miller Jr. Written memorandum to follow. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
October 28, 2016 Opinion or Order Filing 144 ORDER : GRANTING 3225 PSCII's unopposed Motion to Appoint a Second Escrow Agent and Fee Committee. Signed by Judge Robert L Miller, Jr on 10/28/16. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
October 6, 2016 Opinion or Order Filing 143 ORDER The Plaintiffs' Steering Committee and Biomet are invited to provide a brief explanation for its recommendation regarding the cases to be included in Group 3. The ruling on the joint request to activate Group 3 is DEFERRED until 10/28/2016. Signed by Judge Robert L Miller, Jr on 10/6/16. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
October 6, 2016 Opinion or Order Filing 142 ORDER The court will DEFER ruling on the Plaintiffs Steering Committee's Motion to Appoint a Second Escrow Agent and Fee Committee ( 3225 in 3:12md2391) until 10/27/2016 to afford the individual plaintiffs time to respond or object to the motion. Signed by Judge Robert L Miller, Jr on 10/6/2016. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
September 12, 2016 Magistrate Judge Michael G Gotsch, Sr added. Magistrate Judge Christopher A Nuechterlein no longer assigned to case. (dk) [Transferred from Indiana Northern on 1/14/2019.]
August 31, 2016 Opinion or Order Filing 141 ORDER Plaintiffs' Steering Committee to submit proposed order re: appointment of Escrow Agent by Sep 23, 2016. Signed by Judge Robert L Miller, Jr on 8/31/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
August 31, 2016 Opinion or Order Filing 140 ORDER Parties shall have until Sep 23, 2016 to confer, identify for the court which, if any, of the cases listed in Exhibit A should be designated as active and unsettled, and submit a proposal regarding disposition of the remaining cases. Signed by Judge Robert L Miller, Jr on 8/31/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
August 31, 2016 Opinion or Order Filing 139 MEMORANDUM AND ORDER FOR AUGUST 29, 2016 STATUS CONFERENCE Summary of topics discussed. Parties to submit proposed list of cases to be included in Group 3 for case-specific discovery purposes. PSCII to submit alternative to Lone Pine order in pro se cases within 30 days; Biomet's response due 30 days after receipt. Parties to confer and submit proposed second show cause order. Ruling on Biomet's request to issue state court coordination letter 3172 deferred. Next status conference set for November 7, 2016 at 1:30 p.m. (E.S.T.). Signed by Judge Robert L Miller, Jr on 8/31/2016. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
August 29, 2016 Filing 138 TELEPHONIC STATUS CONFERENCE held on 8/29/2016 before Judge Robert L Miller, Jr. Pla appeared by atty B. Fulmer, J. Presnal, N. Ward, A. Davis, and K. Barton for A. Diab. Dft appeared by atty J. Winter, J. LaDue, and E. Hanig. The Court hears from parties. Status Conference set for 11/7/2016 at 1:30 PM (EST) in US District Court - South Bend before Judge Robert L Miller Jr. Written memorandum to follow. (Court Reporter D. Bonk) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
August 25, 2016 Opinion or Order Filing 137 ORDER CONCERNING REMOTE ATTENDANCE AT 8/29/16 STATUS CONFERENCE Call-in information for August 29, 2016 hearing at 11:00 a.m. (EDT). Signed by Judge Robert L Miller, Jr on 8/25/2016. Associated Cases: 3:12-md-02391-RLM-CAN et al.(lns) [Transferred from Indiana Northern on 1/14/2019.]
August 17, 2016 Opinion or Order Filing 136 ORDER: The court VACATES the referral to Magistrate Judge Nuechterlein, and REFERS this matter to Magistrate Judge Michael Gotsch to determine any pretrial matters and to conduct such proceedings as are required, and, when appropriate, to enter into the record proposed findings of fact and recommendations for the disposition of this case, pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Local Rule 72-1. Signed by Judge Robert L Miller, Jr on 8/17/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
August 10, 2016 Filing 135 TELEPHONIC HEARING on PSC's request to extend custodial depositions deadline was held on 8/10/2016 before Judge Robert L Miller, Jr. Pla appeared by atty A. Diab, N. Ward, J. Presnall. Dft appeared by atty J. LaDue, E. Hanig. Arguments heard. For the reasons stated in open court the request to extend the deadline is DENIED. If previously undisclosed documents are produced in the Florida case that would justify reopening a deposition, the court will entertain a motion to reopen and to assess costs. SO ORDERED. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
August 4, 2016 Opinion or Order Filing 134 ORDER CONCERNING REMOTE ATTENDANCE AT 8/10/16 DISCOVERY HEARING Call-in information for August 10, 2016 hearing at 1:30 p.m. (E.D.T.).. Signed by Judge Robert L Miller, Jr on 8/4/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
July 28, 2016 Opinion or Order Filing 133 ORDER On the court's own motion, the telephonic status conference on 8/29/2016 is RESET for 11:00 AM (EDT) This is a time change only. Signed by Judge Robert L Miller, Jr on 7/28/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
July 28, 2016 Opinion or Order Filing 132 ORDER The parties have advised the court that there are no disputed issues regarding discovery. Accordingly the July 28, 2016 telephonic hearing is VACATED. Signed by Judge Robert L Miller, Jr on 7/28/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
July 26, 2016 Filing 131 RESPONSE to Motion re (3172 in 3:12-md-02391-RLM-CAN) MOTION Requesting Issuance of State Court Coordination Letter filed by Alex C Davis. Associated Cases: 3:12-md-02391-RLM-CAN et al.(Davis PHV, Alexander) [Transferred from Indiana Northern on 1/14/2019.]
July 18, 2016 Filing 130 MEMORANDUM OF 7/14/2016 STATUS CONFERENCE , Following discussion the court set telephonic hearings on 7/28/2016 at 2:00 PM (EDT) and 8/10/2016 at 1:30 PM (EDT)in US District Court - South Bend before Judge Robert L Miller Jr. to resolve any discovery-related issues that may arise; and set a Telephonic Status Conference set for 8/29/2016 at 11:30 AM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Signed by Judge Robert L Miller, Jr on 7/18/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
July 14, 2016 Filing 129 STATUS CONFERENCE held on 7/14/2016 before Judge Robert L Miller, Jr. Pla appeared by atty N. Ward (in person) and A. Diab and B. Fulmer by phone.. Dft appeared by atty E. Hanig (in person) and J. Winter by phone. The court hears from parties. Telephonic Discovery hearings set 7/28/2016 at 2:00 PM (EDT) and 8/10/2016 at 1:30 PM (EDT) before Judge Miller. Status conference set 8/29/2016 at 11:30 AM (EDT) before Judge Miller. Written memorandum to follow. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
July 7, 2016 Opinion or Order Filing 128 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for July 14, 2016 status conference at 1:30 PM (EDT). Signed by Judge Robert L Miller, Jr on 7/7/2016. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
July 5, 2016 Opinion or Order Filing 127 ORDER The court invites PSC-II to respond to Biomet's 3172 motion and proposed letter within 21 days of the date of this order. Signed by Judge Robert L Miller, Jr on 7/5/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
June 24, 2016 Opinion or Order Filing 126 ORDER Neither party has identified a discovery-related issue requiring a hearing. Accordingly the hearing previously set for 6/27/2016 is VACATED. Signed by Judge Robert L Miller, Jr on 6/24/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
June 10, 2016 Opinion or Order Filing 125 MEMORANDUM AND ORDER RE: JUNE 6, 2016 TELEPHONIC STATUS CONFERENCE: Summary of topics discussed. By agreement of the parties, the May 31, 2016 order identifying the cases in Group 2 [Doc. No. 3150] is amended (revised list attached). Hearing on any discovery-related issues tentatively set for June 27, 2016 at 1:30 (will be vacated unless the parties notify the court by June 23 that the hearing is necessary and what the issues will be). Next telephonic status conference set for July 14, 2016 at 1:30 p.m. (E.D.T.). Signed by Judge Robert L Miller, Jr on 6/10/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
June 6, 2016 Filing 124 STATUS CONFERENCE held on 6/6/2016 before Judge Robert L Miller, Jr. Pla appeared by atty A. Diab and J. Presnal by phone. Dft appeared by atty J. LaDue, E. Hanig, and J. Winter in person. Court hears from parties. A tentative Discovery Hearing is set for 6/27/2016 at 1:30 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr., Status Conference set for 7/14/2016 at 1:30 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Written memorandum to follow. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
June 3, 2016 Opinion or Order Filing 123 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE: Call-in information for June 6, 2016 status conference at 1:30 p.m. (E.D.T.). Signed by Judge Robert L Miller, Jr on 6/3/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
May 26, 2016 Opinion or Order Filing 122 ORDER TO SHOW CAUSE The Court AFFORDS the plaintiffs listed on Exhibit A 30 days from the date of this order to show cause why their individual case should not be dismissed with prejudice. Signed by Judge Robert L Miller, Jr on 5/26/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
May 19, 2016 Opinion or Order Filing 121 ORDER By agreement of the parties, the May 23, 2016 telephonic hearing on discovery related issues is VACATED as unnecessary. Signed by Judge Robert L Miller, Jr on 5/19/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
May 11, 2016 Opinion or Order Filing 120 ORDER: By agreement of the parties the 5/12/2016 hearing on discovery related issues is VACATED as unnecessary. Signed by Judge Robert L Miller, Jr on 5/11/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
April 26, 2016 Opinion or Order Filing 118 MEMORANDUM OF APRIL 25, 2016 TELEPHONIC STATUS CONFERENCE Summary of topics discussed. Defendants to submit proposed order re: dismissal of remaining settled/funded cases. Telephonic hearings set for May 12, 2016 at 9:00 am (EDT) and May 23, 2016 at 1:00 pm (EDT) to address discovery related issues, if needed. Next status conference set for June 6, 2016 at 1:30 pm (EDT). Signed by Judge Robert L Miller, Jr on 4/26/2016. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
April 25, 2016 Filing 119 TELEPHONE CONFERENCE held on 4/25/2016 before Judge Robert L Miller, Jr. Pla appeared by atty N. Ward, J. Presnal, B. Fulmer, L. Stevens. Dft appeared by atty J. Winter. Court hears from parties. Telephonic hearings set for May 12, 2016 at 9:00 am (EDT) and May 23, 2016 at 1:00 pm (EDT) to address discovery related issues, if needed. Next status conference set for June 6, 2016 at 1:30 pm (EDT). (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
April 14, 2016 Opinion or Order Filing 117 NOTICE REGARDING FUTURE FILINGS To ensure notice is provided to all parties, the court's orders regarding deadlines and events applicable to every case associated with MDL 2391 will be filed in all member cases as well as in 3:12md2391. Filings made by the parties in 3:12md2391 will be available on the court's Case Management/Electronic Case Filing (CM/ECF) system or in the Clerk's Office, but will not be spread to individual cases unless a request is made and approved. Signed by Judge Robert L Miller, Jr on 8/14/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
April 13, 2016 Motion Terminated (3117) Motion to Withdraw as Attorney. Associated Cases: 3:12-md-02391-RLM-CAN et al.(ksc) [Transferred from Indiana Northern on 1/14/2019.]
April 13, 2016 Opinion or Order Filing 116 ORDER GRANTING (3117) Motion to Withdraw as Attorney. Attorney Jenya M Moshkovich PHV terminated in case 3:12-md-02391-RLM-CAN. Signed by Judge Robert L Miller, Jr on 4/13/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
April 12, 2016 Filing 115 MOTION to Withdraw as Attorney by In Re Biomet M2a Magnum Hip Implant Products Liability Litigation (MDL 2391). Associated Cases: 3:12-md-02391-RLM-CAN et al.(Moshkovich PHV, Jenya) [Transferred from Indiana Northern on 1/14/2019.]
April 7, 2016 Opinion or Order Filing 114 ORDER Based on counsels representation that the parties have reached an agreement regarding the discovery disputes addressed in the courts March 28 memorandum, the hearing scheduled for April 26, 2016 at 9:30 a.m. is VACATED. Signed by Judge Robert L Miller, Jr on 4/7/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
April 4, 2016 HEARING RESET: By agreement of the parties, the hearing previously set for 4/14/16 is RESET to 4/26/2016 at 9:30 AM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) Modified on 4/5/2016 (jld). [Transferred from Indiana Northern on 1/14/2019.]
March 31, 2016 Opinion or Order Filing 113 ORDER For all future discovery-related telephonic status conferences the court orders: 1) Parties shall notify the court in writing at least 48 hours in advance of the scheduled conference whether a conference is necessary and if so, the issues to be addressed; and 2) parties shall be responsible for notify its side's attorneys about the conference and arranging the telephonic participation of those attorneys. Signed by Judge Robert L Miller, Jr on 3/31/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
March 31, 2016 Filing 112 MEMORANDUM OF MARCH 31, 2016 STATUS CONFERENCE held before Judge Robert L Miller, Jr. Pla appeared by atty Kyle Bachus, Justin Presnal, and Navan Ward. Dft appeared by atty John LaDue and John Winter. Following discussion, the court: 1) ordered counsel of record in 3:13cv1008 (Jacqueline Jones v. Biomet) and 3:14cv1482 (Mary E Stewart v. Biomet) to product to Biomet through PSC-II proposed deposition dates by 4/15/16; 2) held that if proposed deposition dates are not produced, Biomet may move for sanctions under F.R.C.P. 37(b); and 3) directed PSC-II to ensure that counsel of record in those cases receives notice of this order. (Court Reporter Debra Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
March 16, 2016 Filing 111 MEMORANDUM OF MARCH 14, 2016 STATUS CONFERENCE Summary of topics discussed and action taken. Telephonic hearings set for March 31, 2016 at 9:00 a.m. (EDT) and April 14, 2016 at 9:00 a.m. (EDT) to resolve any future discovery disputes. Next status conference set for April 25, 2016 at 1:30 p.m. (EDT). Signed by Judge Robert L Miller, Jr on 3/16/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
March 14, 2016 Filing 110 STATUS CONFERENCE held on 3/14/2016 before Judge Robert L Miller, Jr. Pla appeared by atty Brenda Fulmer, Jasper Ward, Navan Ward. Dft appeared by atty Blaine Dart, John LaDue, Erin Linder Hanig, John Winter. Discussions held. Court to rule in writing on the parties' discovery dispute. Status Conference set for 4/25/2016 at 1:00 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) Modified on 3/16/2016 (jld). Modified on 3/17/2016 (jld). [Transferred from Indiana Northern on 1/14/2019.]
March 8, 2016 Opinion or Order Filing 109 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE: Call in information for March 14, 2016 status conference at 2:00 PM (EST). Signed by Judge Robert L Miller, Jr on 3/8/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
March 7, 2016 3087 Motion for Discovery terminated in case 3:12-md-2391-RLM-CAN. Associated Cases: 3:12-md-02391-RLM-CAN et al.(ksc) [Transferred from Indiana Northern on 1/14/2019.]
March 7, 2016 3087 Motion for Discovery terminated in case 3:12-md-02391-RLM-CAN Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
March 7, 2016 Filing 108 MOTION for Discovery Plaintiff's Steering Committee Memorandum of the Parties' Dispute Regarding Supplementation of Prior Discovery Requests to Biomet by MDL - Notice Only Navan Ward, Jr. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)Associated Cases: 3:12-md-02391-RLM-CAN et al.(Ward PHV, Navan) [Transferred from Indiana Northern on 1/14/2019.]
March 3, 2016 Opinion or Order Filing 107 ORDER The court GRANTS the unopposed motion to remove plaintiff Henry Cook from Group I Class [docket # 92 in 3:15cv77] and DENIES as moot his earlier motion [docket # 88] seeking the same relief.. Signed by Judge Robert L Miller, Jr on 3/3/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
March 2, 2016 Filing 106 DISCOVERY Documents Requested by the Court for March 14 Status Conference by Alex C Davis. (Attachments: #1 Exhibit Plaintiff's First Interrogatories, #2 Exhibit Defendant's Response to First Requests for Production, #3 Exhibit Defendant's Response to First Interrogatories)Associated Cases: 3:12-md-02391-RLM-CAN et al.(Davis PHV, Alexander) [Transferred from Indiana Northern on 1/14/2019.]
February 29, 2016 Opinion or Order Filing 105 ORDER At the request of the parties, the March 14, 2016 status conference is converted from a telephonic to a live conference, with lead counsel for both sides to appear in person.. Signed by Judge Robert L Miller, Jr on 2/29/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/14/2019.]
February 29, 2016 Opinion or Order Filing 104 ORDER RE: PROCEDURE GOVERNING DISCOVERY FOR IN EXTREMIS PLAINTIFFS. Signed by Judge Robert L Miller, Jr on 2/29/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/14/2019.]
February 29, 2016 Opinion or Order Filing 103 ORDER : Pursuant to the December 21, 2015 scheduling order, the listed cases are included in Group 1 for purposes of case-specific discovery. Signed by Judge Robert L Miller, Jr on 2/29/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
February 24, 2016 Opinion or Order Filing 102 ORDER To prepare for the March 14 status conference, parties to provide a copy of the original interrogatories and requests for production that were served on the defendants in 2013 and the defendants' responses to those interrogatories and production requests by 3/4/2016. Signed by Judge Robert L Miller, Jr on 2/24/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
February 17, 2016 Opinion or Order Filing 101 ORDER At the request of the parties, the court heard arguments regarding the scope of depositions to be conducted in the statute of limitations and spoliation cases (see Exhibits A and B to the December 21, 2015 scheduling order) and the number of cases listed on Exhibit B. For the reasons stated, the parties were directed to conduct a single, full deposition of the plaintiffs identified in Exhibits A and B, unless the court rules to the contrary in a given case. The court deferred ruling on PSC II's request to remove cases from Exhibit B, until briefing on the anticipated summary judgment motions is completed. Signed by Judge Robert L Miller, Jr on 2/17/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
February 17, 2016 Opinion or Order Filing 100 ORDER Biomet to submit a list of the cases that remain active as of 2/1/2016 to help identify which of those cases are to be included in Group 1 for discovery purposes by 2/28/2016. Signed by Judge Robert L Miller, Jr on 2/17/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
February 16, 2016 Filing 99 TELEPHONE CONFERENCE held on 2/16/2016 before Judge Robert L Miller, Jr. Pla appeared by atty N. Ward. Dft appeared by atty J. LaDue and J. Winter. Court hears from parties. Written memorandum to follow. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
February 16, 2016 Filing 98 NOTICE of Hearing: At the request of counsel a telephonic conference was set for Tuesday 2/16/2016 at 2:00 PM in US District Court - South Bend before Judge Robert L Miller Jr. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
February 16, 2016 Opinion or Order Filing 97 ORDER Pursuant to paragraphs 7 & 9 of the December 21 scheduling order 3047 , two pools consisting of the oldest cases on the MDL docket and any in extremis cases identified by PSC II or Biomet and approved by the court (Groups 1 & 2) will be activated for case-specific discovery beginning 2/29/2016 and 5/20/2016 respectively. Consistent with that order, the PSC II and Biomet are DIRECTED to confer and, if possible, agree upon the procedures to be followed with respect to any in extremis cases, and to submit their proposal for the court's approval on or before 2/29/2016. Signed by Judge Robert L Miller, Jr on 2/16/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
February 1, 2016 Filing 96 MEMORANDUM OF JANUARY 28, 2016 TELEPHONIC STATUS CONFERENCE Topics of discussion included the number of cases and motions currently pending. Biomet to review list of cases (see attached), identify which cases remain active, and file an updated list in 3:12-MD-2391. Next telephonic status conference set for March 14, 2016 at 2:00 p.m. (E.D.T.). Signed by Senior Judge Robert L Miller, Jr on 2/1/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld)[Transferred from Indiana Northern on 1/14/2019.]
January 28, 2016 Filing 95 TELEPHONIC STATUS CONFERENCE held on 1/28/2016 before Judge Robert L Miller, Jr. Pla appeared by atty A. Diab, B. Fulmer, N. Ward. Dft appeared by atty E. Hanig, J. Winter. Court hears from parties. Written memorandum to follow. Telephonic Status Conference set for 3/14/2016 at 2:00 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
January 26, 2016 Opinion or Order Filing 94 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for January 28, 2016 status conference at 1:30 p.m. (E.S.T.).. Signed by Judge Robert L Miller, Jr on 1/26/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
December 23, 2015 Opinion or Order Filing 93 ORDER: PSC I's request for reimbursement ( 3027 in 3:12md2391) is GRANTED, and Garretson Resolution Group is ORDERED to reimburse PSC I the $25,000.00 it withheld from the Common Benefit Expense Account. Signed by Judge Robert L Miller, Jr on 12/23/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
December 21, 2015 Opinion or Order Filing 92 SCHEDULING ORDER: Order setting discovery and dispositive deadlines. See order for specific deadlines. Signed by Judge Robert L Miller, Jr on 12/21/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
December 17, 2015 Opinion or Order Filing 91 ORDER So the court can issue its scheduling order, parties requested to submit Exhibits A and B that are to be referenced in the scheduling order. Signed by Judge Robert L Miller, Jr on 12/17/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
December 9, 2015 Filing 90 MEMORANDUM OF DECEMBER 7, 2015 STATUS CONFERENCE: A brief summary of the topics discussed and the court's directives. Plaintiffs' Lead Counsel to submit a written statement regarding PSC II's position on M2a-Taper cases; Biomet Defendants were directed to file a list of cases settled on or by December 7, 2015 but have yet to be dismissed. The next Telephonic Status Conference is set for 1/28/2016 at 1:30 PM (EST) in US District Court - South Bend before Judge Robert L Miller Jr.. Signed by Judge Robert L Miller, Jr on 12/9/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
December 7, 2015 Filing 89 STATUS CONFERENCE held on 12/7/2015 before Judge Robert L Miller, Jr. Pla appeared by atty B. Fulmer, N. Ward,. Dft appeared by atty E. Hanig, J. Winter. Court hears from parties. A telephonic status conference is set for 1/28/2016 at 1:30 PM (EST) before Judge Robert L Miller, Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
December 7, 2015 Opinion or Order Filing 88 AMENDED HOLDBACK ORDER RE: COMMON BENEFIT FEES AND COSTS: Order granting PSC II's Amended Motion and Proposed Holdback Order Re: Common Benefit Fees and Costs ( 3000 and 3002 ). Any cases that are resolved after Monday, December 7, 2015 shall be subject to a provisional six percent holdback. 3020 .. Signed by Judge Robert L Miller, Jr on 12/7/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
December 3, 2015 Opinion or Order Filing 87 ORDER: Without objection and in accordance with the court's order of 6/23/2015, the 2990 and 2991 Motions for Payment of Compensation to the Garretson Resolution Group Inc from the Biomet MDL Common Benefit Cost Fund in the amount of $18,500.00 are GRANTED. Signed by Judge Robert L Miller, Jr on 12/3/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/14/2019.]
December 1, 2015 Opinion or Order Filing 86 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE: Call in information for the status conference set 12/7/2015 at 1:30 PM (EDT). Signed by Judge Robert L Miller, Jr on 12/1/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
December 1, 2015 Opinion or Order Filing 85 HOLDBACK ORDER RE: COMMON BENEFIT FEES AND COSTS: GRANTING (3002) Amended Motion re Holdback Order re Common Benefit Fees and Costs. Cases that do not have a Notice of Settlement filed into the individual case's docket on or before Monday November 30, 2015 shall be subject to a provisional 6% holdback; the Holdback Order does not apply to any cases involving pro se plaintiffs, which will be addressed on an individual case-by-case basis; the Holdback Order is provisional in nature. Plaintiffs' Liaison Counsel shall send a copy of the Holdback Order to the attorneys of record in the pending state court actions that PSC II is aware of. Signed by Judge Robert L Miller, Jr on 12/1/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/14/2019.]
November 24, 2015 Opinion or Order Filing 84 ORDER: Motion 2963 is WITHDRAWN and has been superseded by Amended Motion and Proposed Holdback Order Re: Common Benefit Fees and Costs 3000 in case 3:12-md-02391-RLM-CAN. Signed by Judge Robert L Miller, Jr on 11/24/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
November 24, 2015 Opinion or Order Filing 83 AMENDED EXPLANT PRESERVATION ORDER : Amended directives relating to the preservation of Explanted M2a Devices, with Biomet Retrieval Analysis Protocol (Exh. A).. Signed by Judge Robert L Miller, Jr on 11/24/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
November 10, 2015 Filing 82 Plaintiffs' Executive Committee's Amended Motion and Proposed Holdback Order re: Common Benefit Fees and Costs. Any response or objection to be filed by 11/20/2015. Associated Cases: 3:12-md-02391-RLM-CAN et al. ***NOTE: THIS IS A DUPLICATE OF DE 3000 in 3:12md2391 THAT HAS BEEN SPREAD TO ALL CASES.(jld) [Transferred from Indiana Northern on 1/14/2019.]
October 15, 2015 Filing 81 MOTION for Payment of Compensation from the Biomet Common Benefit MDL Assessment Fund. (Attachments: #1 Exhibit Invoice)Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) (*NOTE: This is re-filing of DE 2990 to spread it to all cases.) [Transferred from Indiana Northern on 1/14/2019.]
October 8, 2015 Opinion or Order Filing 80 ORDER . The Plaintiffs' Steering Committee's motion for interim common benefit fund order ( 2963 ), its brief in support ( 2973 ), and Biomet Defendants' response ( 2983 ) were filed on 9/17/15 and 10/1/15 respectively and notice was sent to all attorneys of record as were the parties' proposed scheduling orders ( 2974 & 2975 ). There's no indication the pro se litigants received these documents. The Clerk is DIRECTED to mail copies of these documents to all pro se plaintiffs in MDL 2391. Signed by Judge Robert L Miller, Jr on 10/8/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) (cc: Order and all listed documents to all pro se litigants) [Transferred from Indiana Northern on 1/14/2019.]
October 8, 2015 Filing 79 MEMORANDUM OF OCTOBER 7, 2015 STATUS CONFERENCE : A brief summary of the topics discussed and the court's directives. The next Status Conference is set for 12/7/2015 at 1:30 PM (EST) in US District Court - South Bend before Judge Robert L Miller Jr.. Signed by Judge Robert L Miller, Jr on 10/8/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
October 7, 2015 Filing 78 STATUS CONFERENCE held on 10/7/2015 before Judge Robert L Miller, Jr. Pla appeared by atty J. Presnal, N. Ward. Dft appeared by atty E. Hanig, J. LaDue, J. Winter. Court hears from parties. Next status conference set 12/7/15 at 1:30 PM (EDT) before Judge Miller. (Court Reporter J. Hoffman.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
October 6, 2015 Opinion or Order Filing 77 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call in information for the status conference set 10/7/15 at 1:30 PM (EDT). Signed by Judge Robert L Miller, Jr on 10/6/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
September 9, 2015 Opinion or Order Filing 76 ORDER : By agreement of the parties at the September 3, 2015 status conference, all Biomet corporate entities other than Biomet, Inc., Biomet Orthopedics, LLC,Biomet Manufacturing, LLC, and Biomet U.S. Reconstruction, LLC areDISMISSED without prejudice from each of the member cases in MDL-2391,without costs to any party. Signed by Judge Robert L Miller, Jr on 9/9/2015. Associated Cases: 3:12-md-02391-RLM-CAN et al.(dk) Modified on 10/15/2015 (jld). [Transferred from Indiana Northern on 1/14/2019.]
September 8, 2015 Opinion or Order Filing 75 MEMORANDUM OF SEPTEMBER 3, 2015 STATUS CONFERENCE : The court DIRECTED the Plaintiffs Steering Committee and Biomet defendants to submit proposed scheduling orders by 9/17/15, offering the 12/10/13 order 1118 as a possible template; DEFERRED ruling on the motion for an interim common benefit fund order 2963 , DIRECTED the Plaintiffs Steering Committee to submit a list of the settled cases that it believes should contribute to the common benefit fund by 9/17/15, GAVE the defendants to and including 10/1/15 to respond, and ADVISED that it could invite comments from plaintiffs counsel in the member cases following the parties submissions and before ruling on the motion; SET the next Status Conference set for 10/7/2015 01:30 PM in US District Court - South Bend before Judge Robert L Miller Jr. Signed by Judge Robert L Miller, Jr on 9/8/2015. Associated Cases: 3:12-md-02391-RLM-CAN et al. (dk) [Transferred from Indiana Northern on 1/14/2019.]
September 3, 2015 Filing 74 STATUS CONFERENCE held on 9/3/2015 before Judge Robert L Miller, Jr. Plaintiffs appeared by atty N. Ward, B. Fulmer, K. Bachus, A. Diab, A. Pang Parra, J. Presnal, J. Ward, M. Nowell, L. Bronson. Defendants appeared by atty B Dart, J LaDue, E Hanig, J Winter. The next status conference is set for 10/7/15 at 1:30 PM (EDT) in South Bend, Indiana before Judge Robert L. Miller, Jr. Written memorandum to follow. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/14/2019.]
September 1, 2015 Opinion or Order Filing 73 ORDER CONCERNING REMOTE ATTENDANCE AT CASE MANAGEMENT CONFERENCE: Call in information for September 3, 2015 telephonic status conference.. Signed by Judge Robert L Miller, Jr on 9/1/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/14/2019.]
August 26, 2015 Opinion or Order Filing 72 ORDER: Without objection, PSC I's Motion for Payment of Common Benefit Attorneys' Fees and Expenses 2945 & 2947 is GRANTED. Signed by Judge Robert L Miller, Jr on 8/26/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/14/2019.]
August 7, 2015 Filing 71 MOTION for Payment of Common Benefit Attorneys' Fees and Expenses from the Biomet Common Benefit MDL Assessment Fund. (Attachments: #1 Exhibit A Contributions, #2 Exhibit B Hours by Firm, #3 Exhibit C Hierarchy of Values, #4 Exhibit D Affidavit of Mrs Larbes, #5 Exhibit E Trust Ledger, #6 Exhibit F Expense Summary, #7 Exhibit G Invoices)Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) ***NOTE: This is a re-entry of DE 2945 that has been spread to all the member cases. [Transferred from Indiana Northern on 1/14/2019.]
July 28, 2015 Opinion or Order Filing 70 ORDER: A Status Conference is scheduled for 9/3/15 at 1:30 PM (EDT), in South Bend, Indiana. Lead counsel for parties directed to file a brief joint status report by 8/27/15. Plaintiffs' Liaison Counsel shall arrange a conference call to provide remote access to the conference to all plaintiffs' attorneys and shall submit a proposed order by 8/27/15 setting for the call-in information and related restrictions. Signed by Judge Robert L Miller, Jr on 7/28/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/14/2019.]
July 14, 2015 Opinion or Order Filing 69 ORDER: GRANTING 2927 Motion to Substitute Attorney The appointment of Lawrence Jones to the Plaintiffs' Steering Committee is terminated and attorney Jasper Ward IV of Jones Ward PLC is appointed to serve in his stead. Signed by Judge Robert L Miller, Jr on 7/14/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/14/2019.]
July 6, 2015 Motion termed: (2923) Motion to Amend/Correct in case 3:12-md-02391-RLM-CAN. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
June 30, 2015 Opinion or Order Filing 68 ORDER: GRANTING (2923) Motion to Modify Case Management Order No. 3 to the extent it seeks the appointment of an Executive Committee for PSC II and the termination of John Fiske's appointment to the Steering Committee and DENYING the motion in all other respects. Navan Ward, Brenda Fulmer, Justin Presnal, and Ahmed Diab are appointed to serve as members of the Plaintiffs' Executive Committee, with Mr. Diab also serving as Plaintiffs' Liaison Counsel; Mr. Fiske's appointment to the Plaintiffs' Steering Committee is terminated. Signed by Judge Robert L Miller, Jr on 6/30/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) Modified on 7/2/2015 (jld). [Transferred from Indiana Northern on 1/14/2019.]
June 25, 2015 Filing 67 MOTION to Substitute Jasper Ward as a Member of the Plaintiff's Steering Committee in lieu of Lawrence Jones by Jasper D Ward, IV. Associated Cases: 3:12-md-02391-RLM-CAN et al.(dk) [Transferred from Indiana Northern on 1/14/2019.]
June 24, 2015 Motion terminated per 2925 Order. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
June 24, 2015 Opinion or Order Filing 66 ORDER : Jessica Larbes, C.P.A., shall establish the Biomet Common Benefit MDL Assessment Fund and shall serve as the Escrow Agent for the Fund; Thomas Anapol, Mark Lanier, Robert Dassow, Michelle Kranz and Justin Presnal are appointed as the attorney Fee Committee members; Sylvius von Saucken is appointed as the non-attorney compliance Fee Committee member. Signed by Judge Robert L Miller, Jr on 6/23/2015. Associated Cases: 3:12-md-02391-RLM-CAN et al. (dk) Modified on 7/2/2015 (jld). [Transferred from Indiana Northern on 1/14/2019.]
June 22, 2015 Motions terminated pursuant to 2924 Order. Associated Cases: 3:12-md-02391-RLM-CAN et al.(ksc) [Transferred from Indiana Northern on 1/14/2019.]
June 22, 2015 Opinion or Order Filing 65 ORDER GRANTING 2917 Motion to Withdraw attorney Altom Maglio as Attorney on Plaintiff's Steering Committee II in case 3:12-md-02391-RLM-CAN. Signed by Judge Robert L Miller, Jr on 6/18/2015. Associated Cases: 3:12-md-02391-RLM-CAN et al. (dk)[Transferred from Indiana Northern on 1/14/2019.]
June 15, 2015 Filing 64 Plaintiffs' Steering Committee's MOTION TO MODIFY (2909 in 3:12-md-02391-RLM-CAN) Case Management Order No 3 Regarding Plaintiffs' Organizational Structure. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) Modified on 7/2/2015 to term as a pending motion (jld). [Transferred from Indiana Northern on 1/14/2019.]
June 4, 2015 Filing 63 AMENDED MOTION Appoint Escrow Agent and Fee Committee by Plaintiffs' Liaison Counsel. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/14/2019.]
June 4, 2015 Opinion or Order Filing 61 ORDER Order clarifying the 5/28/15 2914 Order. Signed by Judge Robert L Miller, Jr on 6/4/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/14/2019.]
June 2, 2015 Filing 62 APPLICATION for WITHDRAWAL of Altom M. Maglio from Plaintiffs' Steering Committee. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/14/2019.]
May 28, 2015 Motions Terminated: Motion to Appoint Escrow Agent and Fee Committee termed per Order 2914 in 3:12md2391. [Transferred from Indiana Northern on 1/14/2019.]
May 28, 2015 Opinion or Order Filing 60 ORDER REGARDING APPOINTMENT OF ESCROW AGENT AND FEE COMMITTEE: The Court declines to enter the proposed order on 2878 motion to appoint an escrow agent and a fee committee. PSC I shall have three weeks, to and including 6/19/15, to file an amended motion to appoint an escrow agent and fee committee. Signed by Judge Robert L Miller, Jr on 5/28/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/14/2019.]
May 27, 2015 Opinion or Order Filing 59 CASE MANAGENENT ORDER NO. 3 : The court: (1) FINDS that Biomet's actions during settlement negotiations and mediation were permissible under the Master Settlement Agreement and did not constitute bad faith; (2) DENIES attorney Gregg Borri's request for discovery (Doc. Nos. 2887 and 2889 ); (3) GRANTS the motion to substitute Justin Presnal as a member of the Plaintiffs Steering Committee in lieu of Wayne Fisher (Doc. No. 2895 ); (4) GRANTS the motion to terminate the existing Plaintiffs Steering Committee, effective June 1, 2015 (Doc. No. 2890 ) ; (5) APPOINTS the following attorneys to the new Plaintiffs Steering Committee (PSC II), effective June 1, 2015--Brenda Fulmer (Co-Lead Counsel), Navan Ward (Co-Lead Counsel), J. Kyle Bachus, Ahmed Diab, John Fiske, Lawrence Jones, William Jordan, Altom Maglio, Amber Pang Parra, and Justin Presnal; (6) DIRECTS attorneys Ahmed Diab and John Fiske to inform the court, PSC II, and Biomet's Lead Counsel by June 15, 2015 which of them will serve as Plaintiffs' Liaison Counsel; (7) DIRECTS the current Plaintiffs Steering Committee (PSC I) and Biomet to provide PSC II with copies of Plaintiff Fact Sheets in all cases remaining after settlement; (8) DECLINES to enter a census order or Lone Pine order at this time; and (9) invites PSC II to submit a new proposed common benefit fund order by September 1, 2015. Signed by Judge Robert L Miller, Jr on 5/27/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/14/2019.]
May 21, 2015 Opinion or Order Filing 58 MEMORANDUM OF May 18, 2015 STATUS CONFERENCE: The parties addressed concerns relating to the mediation process, status of discovery, and various issues facing the plaintiffs' organizational structure following settlement, including future funding and the composition of the PSC. The court took the matters and pending motions to appoint an escrow agent and fee committee, to terminate the current PSC, and to substitute attorney Justin Presnal for Wayne Fisher on the PSC under advisement. The next status conference will be set by separate order at a later date.. Signed by Judge Robert L Miller, Jr on 5/21/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/14/2019.]
May 18, 2015 Filing 57 STATUS CONFERENCE held on 5/18/2015 before Judge Robert L Miller, Jr. Pla appeared by atty T. Anapol, R. Dassow, B. Fulmer, M. Lanier, N. Ward, A. Diaz, K. Bachus, G. Borri, J. Lowe, L. Bronson, and J. Presnal. Dft appeared by atty B. Dart, J. LaDue, E. Hanig, and J. Winter. Court hears from parties. Written Memorandum to follow. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/14/2019.]
May 15, 2015 Filing 56 Letter dated 5/14/15 from Terrence Smith re: 2874 . Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/14/2019.]
May 14, 2015 Filing 55 Letter from Erin Linder Hanig re: remaining cases and attorneys. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/14/2019.]
May 14, 2015 Opinion or Order Filing 54 ORDER CONCERNING REMOTE ATTENDANCE AT CASE MANAGEMENT CONFERENCE: Call-in information for May 18, 2015 Status Conference.. Signed by Judge Robert L Miller, Jr on 5/14/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/14/2019.]
May 12, 2015 Filing 52 Plaintiffs Steering Committee's MOTION to Appoint Escrow Agent and Fee Committee (filed per Order 2285 in 3:12md2391). (Attachments: #1 Exhibit A)Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/14/2019.]
May 12, 2015 Opinion or Order Filing 51 ORDER The Clerk is DIRECTED to file the Plaintiffs' Steering Committee's Motion to Appoint Escrow Agent and Fee Committee (Doc. No. 2878 in 3:12md2391) in each of the individual member cases. The Court will defer ruling on the motion for two weeks. Signed by Judge Robert L Miller, Jr on 5/12/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/14/2019.]
May 11, 2015 Filing 53 Letter dated 5/7/15 from Plaintiff's attorney M David Riggs regarding DE 2874 in 3:12md2391. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/14/2019.]
May 6, 2015 Filing 50 Letter dated 5/5/2015 from plaintiff's attorney Scott D. Perlmuter regarding 2874 Associated Cases: 3:12-md-02391-RLM-CAN et al. (dk) [Transferred from Indiana Northern on 1/14/2019.]
May 5, 2015 Filing 49 Letter dated 5/4/2015 from plaintiff's atty John Ferris Dow regarding 2874 . Associated Cases: 3:12-md-02391-RLM-CAN et al. (dk) [Transferred from Indiana Northern on 1/14/2019.]
May 4, 2015 Opinion or Order Filing 48 ORDER: At the request of the parties, Status Conference previously set for 5/21/2015 is RESET to 5/18/2015 09:30 AM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Signed by Judge Robert L Miller, Jr on 5/4/2015. Associated Cases: 3:12-md-02391-RLM-CAN et al.(dk) [Transferred from Indiana Northern on 1/14/2019.]
May 1, 2015 Filing 47 Letter from John D Winter in response to Greg Boris letter 2874 and Jeffrey J Lowe 2876 Associated Cases: 3:12-md-02391-RLM-CAN et al.(lpw) [Transferred from Indiana Northern on 1/14/2019.]
April 30, 2015 Filing 46 Letter from Jeffrey J Lowe joining the requests set forth in Mr. Borri's letter of 4/24/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
April 28, 2015 Opinion or Order Filing 43 ORDER: In light of the Master Settlement Agreement many of the attorneys now on the Plaintiffs Steering Committee will soon have no remaining constituent cases in this MDL. Plaintiffs Steering Committee members who will be without cases are invited to request termination of their PSC appointment by 5/15/15. The court has also received a letter from attorney Gregg Borri who represents the plaintiff in case 3:12cv614, regarding Biomet's approach in carrying out the Master Settlement Agreement. The court also received a responsive letter from Plaintiffs Co-Lead Counsel Thomas R Anapol offering the perspective of the leadership of the Steering Committee. Both letters (as well as any response from Biomet) are directed to be entered on the master docket. The issues Mr. Borri raises will be placed on the agenda for the 5/21/15 status conference. Mr. Borri is invited to attend that conference in person.. Signed by Judge Robert L Miller, Jr on 4/28/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/14/2019.]
April 27, 2015 Filing 45 Letter from Thomas R Anapol in response to 2874 Letter from Gregg Borri Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/14/2019.]
April 27, 2015 Filing 44 Letter from Gregg J Borri to Judge Miller re: Kelly Chadwick in constituent case 3:12cv614, questioning the approach Biomet has taken in carrying out the Master Settlement Agreement. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/14/2019.]
April 22, 2015 Opinion or Order Filing 42 MEMORANDUM OF APRIL 21, 2015 STATUS CONFERENCE Although applications for a new Plaintiffs Steering Committee (PSC) were solicited, no applications were received. Given the number of cases remaining after the settlement process concludes, a new PSC is needed. Counsel for defendants to submit a list of all remaining cases and the attorneys of record in those cases. The court will select a new PSC from that list, and will enter a revised scheduling order and a new Common Benefit Fund order upon appointment of the new PSC. Next status conference set for May 21, 2015 at 9:30 a.m. (E.D.T.). Signed by Judge Robert L Miller, Jr on 4/22/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/14/2019.]
April 21, 2015 Filing 41 STATUS CONFERENCE held on 4/21/2015 before Judge Robert L Miller, Jr. Pla appeared by atty T. Anapol, R. Dassow, N. Ward, J. Fiske. Dft appeared by atty B. Dart, J. LaDue, E. Hanig, J. Winter. The next Status Conference is set for 5/21/2015 at 9:30 AM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
April 16, 2015 Opinion or Order Filing 40 ORDER CONCERNING REMOTE ATTENDANCE AT CASE MANAGEMENT CONFERENCE : Call in information for the April 21, 2015 telephonic case management conference. Signed by Judge Robert L Miller, Jr on 4/16/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/14/2019.]
March 18, 2015 Opinion or Order Filing 39 MEMORANDUM OF MARCH 16, 2015 STATUS CONFERENCE: The court deferred ruling on the request for early termination of the Plaintiffs' Steering Committee (PSC) appointments; entered an order inviting new applications for the PSC (application deadline is April 17, 2015); and directed the parties to file an updated status report regarding discovery and the Common Benefit Fund. The 2013 scheduling order 1118 will be reinstated beginning 45 days after appointment of a new PSC, with dates to be adjusted to fit the pre-existing time limits. Next status conference set for April 21, 2015 at 9:30 a.m. (E.D.T.) in South Bend before Judge Robert L. Miller, Jr. Signed by Judge Robert L Miller, Jr on 3/18/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
March 17, 2015 Opinion or Order Filing 38 ORDER RE: APPLICATIONS FOR PLAINTIFFS STEERING COMMITTEE The court defers ruling on the PSC's request for early termination, and will accept applications for all positions on the Plaintiffs' Steering Committee from now until April 17, 2015. Any objections thereto should be filed by May 1, 2015. Details regarding the application process are provided in the attached order. Signed by Judge Robert L Miller, Jr on 3/17/15. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
March 16, 2015 Filing 37 STATUS CONFERENCE held on 3/16/2015 before Judge Robert L Miller, Jr. Pla appeared by atty T. Anapol, R. Dassow, B. Fulmer, J. Ward, N. Ward. Dft appeared by atty J. LaDue, E. Hanig, J. Winter. The next Status Conference is set for 4/21/15 at 9:30 AM (EDT) in US District Court - South Bend before Judge Robert L. Miller, Jr. A written order will follow. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
March 12, 2015 Opinion or Order Filing 36 ORDER CONCERNING REMOTE ATTENDANCE AT CASE MANAGEMENT CONFERENCE Call in information for March 16, 2015 telephonic case management conference. Signed by Judge Robert L Miller, Jr on 3/12/14. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
March 10, 2015 Opinion or Order Filing 35 ORDER: GRANTING #34 MOTION to Reopen Case for Reinstatement per Case Mgmt Order filed by Barbara Linda Walker. The #32 Order of 1/26/15 and #33 judgment are VACATED. Signed by Judge Robert L Miller, Jr on 3/10/15. (jld) [Transferred from Indiana Northern on 1/14/2019.]
February 18, 2015 Filing 34 MOTION to Reopen Case for Reinstatement per Case Mgmt Order by Plaintiff Barbara Linda Walker. (Attachments: #1 Exhibit E-mail of PFS to Defs, #2 Exhibit PFS)(Rader PHV, Daniel) [Transferred from Indiana Northern on 1/14/2019.]
January 27, 2015 Filing 33 ***VACATED PER #35 ORDER*** CLERK'S ENTRY OF JUDGMENT. (jld) Modified on 3/11/2015 (jld). [Transferred from Indiana Northern on 1/14/2019.]
January 26, 2015 Opinion or Order Filing 32 ***VACATED PER #35 ORDER*** ORDER: GRANTING #25 Motion to Dismiss. This case is DISMISSED WITHOUT PREJUDICE, ***Civil Case Terminated. Signed by Judge Robert L Miller, Jr on 1/26/15. (jld) Modified on 3/11/2015 (jld). [Transferred from Indiana Northern on 1/14/2019.]
January 22, 2015 Filing 31 TELEPHONE CONFERENCE held on 1/22/2015 before Judge Robert L Miller, Jr. Pla appeared by atty T. Anapol, R. Dassow. Dft appeared by atty J. Winter, J. LaDue, E. Hanig. Telephonic Status Conference set for 1/30/15 at 11:00 AM (EST) was confirmed. (Court Reporter J. Hoffman.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
January 5, 2015 Opinion or Order Filing 30 ORDER granting 29 MDL Application to Appear Pro Hac Vice of Attorney Daniel H Rader IV. Signed by Judge Robert L Miller, Jr on 1/5/15. (jld) [Transferred from Indiana Northern on 1/14/2019.]
January 2, 2015 Filing 29 MDL APPLICATION for Attorney Daniel H Rader IV to Appear Pro Hac Vice on behalf of Plaintiff ;. (jld) [Transferred from Indiana Northern on 1/14/2019.]
December 30, 2014 Filing 28 MEMORANDUM OF STATUS CONFERENCE , : Parties DIRECTED to file a joint status report by 1/22/15; the next telephonic status conference is set 1/30/15 at 11:00 a.m. EST. Signed by Judge Robert L Miller, Jr on 12/30/14. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
December 23, 2014 Filing 27 STATUS CONFERENCE held on 12/23/2014 before Judge Robert L Miller, Jr. Plas appeared by atty R. Dassow, T. Anapol (by phone), M. Lanier (by phone). Dfts appeared by atty J. LaDue, E. Hanig, J. Winter (by phone). Joint Status Report due 1/22/15; Telephonic Status Conference set for 1/30/2015 at 11:00 AM (EST) in US District Court - South Bend before Judge Robert L Miller Jr. Written Memorandum to follow. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) Modified on 12/24/2014 (jld). [Transferred from Indiana Northern on 1/14/2019.]
December 22, 2014 Opinion or Order Filing 26 ORDER REAPPOINTING PLAINTIFFS' ORGANIZATIONAL STRUCTURE: Order appointing/reappointing Plaintiffs' Steering Committee, Executive Committee, Lead, and Liaison Counsel effective Jan 1, 2015-Dec 31, 2015.. Signed by Judge Robert L Miller, Jr on 12/22/14. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
December 22, 2014 Filing 25 MOTION to Dismiss for Failure to Comply with Orders Requiring Timely Service of Materially Complete Plaintiff Fact Sheet by Defendant Defendants' Liaison Counsel. (Attachments: #1 Exhibit A)Associated Cases: 3:12-md-02391-RLM-CAN et al.(Hanig, Erin) [Transferred from Indiana Northern on 1/14/2019.]
December 16, 2014 Opinion or Order Filing 24 ORDER CONCERNING REMOTE ATTENDANCE AT CASE MANAGEMENT CONFERENCE : Call in information for December 23, 2014 telephonic status conference. Signed by Judge Robert L Miller, Jr on 12/16/14. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
December 15, 2014 Opinion or Order Filing 23 ORDER : At the request of the parties, the telephonic status conference on Tuesday, December 23, 2014 will commence at 11:00 AM (EST) in US District Court - South Bend before Judge Robert L Miller Jr. ***NOTE: ONLY THE TIME HAS CHANGED***. Signed by Judge Robert L Miller, Jr on 12/15/14. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
November 18, 2014 Opinion or Order Filing 22 ORDER: GRANTING (2789) Motion to Extend Master Settlement Agreement Mediation Resolution Deadline in case 3:12-md-02391-RLM-CAN. The mediation deadline is extended from 12/5/14 to 1/30/2015. Any mediated case not resolved by 1/30/15, subject to the aggregate settlement percentage requirements will be remanded pursuant to an appropriate order of the court. Signed by Judge Robert L Miller, Jr on 11/18/14. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
October 20, 2014 Filing 21 STATUS CONFERENCE held on 10/20/2014, before Judge Robert L Miller, Jr. Pla appeared by atty T. Anapol, R. Dassow. Dft appeared by atty B. Dart, J. LaDue, E. Hanig, J. Winter (by phone). The court will accept applications for appointment or reappointment to plaintiffs' organizational structure (lead and liaison counsel, Executive Committee, and Steering Committee) until 11/18/14, Any objections to the appointment or reappointment should be made in writing and filed by 11/28/14; Status Report due by 12/8/2014; Telephonic Status Conference set for 12/23/2014 at 1:00 PM in US District Court - South Bend before Judge Robert L Miller Jr.) (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
October 17, 2014 Opinion or Order Filing 20 ORDER CONCERNING REMOTE ATTENDANCE AT CASE MANAGEMENT CONFERENCE: Call-in information for 10/20/2014 Case Management Conference. Signed by Judge Robert L Miller, Jr on 10/17/14. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
September 19, 2014 Opinion or Order Filing 19 ORDER ESTABLISHING QUALIFIED SETTLEMENT FUND AND APPOINTING FUND ADMINISTRATOR : GRANTING 2756 in 3:12-md-02391-RLM-CAN) MOTION for Settlement -AGREED MOTION TO ESTABLISH QUALIFIED SETTLEMENT FUND AND APPOINT FUND ADMINISTRATOR filed by Plaintiffs' Liaison Counsel.. Signed by Judge Robert L Miller, Jr on 9/19/14. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jd) [Transferred from Indiana Northern on 1/14/2019.]
August 14, 2014 Filing 18 TELEPHONE CONFERENCE held on 8/14/2014 before Judge Robert L Miller, Jr. Pla appeared by atty T. Anapol, M. Lanier, R. Dassow. Dft appeared by atty J. Winter. Parties moving forward pursuant to settlement agreement. Status reports due on 9/18/14 and 10/14/14. Next status conference scheduled for 10/20/2014 at 9:30 AM (EDT) with executive session, if necessary, at 9:00 AM (EDT) in South Bend. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
August 11, 2014 Opinion or Order Filing 17 ORDER CONCERNING REMOTE ATTENDANCE AT CASE MANAGEMENT CONFERENCE: Call in information for 8/14/2014 telephonic status conference.. Signed by Judge Robert L Miller, Jr on 8/11/14. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 1/14/2019.]
July 28, 2014 Filing 16 ANSWER to #1 Complaint, by Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet US Reconstruction LLC.(LaDue, John) [Transferred from Indiana Northern on 1/14/2019.]
July 28, 2014 Filing 15 NOTICE of Appearance by Erin Linder Hanig on behalf of Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet US Reconstruction LLC (Hanig, Erin) [Transferred from Indiana Northern on 1/14/2019.]
July 28, 2014 Filing 14 NOTICE of Appearance by John David LaDue on behalf of Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet US Reconstruction LLC (LaDue, John) [Transferred from Indiana Northern on 1/14/2019.]
July 25, 2014 Filing 13 Case transferred in from District of Tennessee Middle; Case Number 2:14-cv-00059. Original file and docket sheet received. [Transferred from Indiana Northern on 1/14/2019.]
July 23, 2014 Case electronically transferred to USDC/NDIN. (dt) [Transferred from Tennessee Middle on 7/25/2014.] [Transferred from Indiana Northern on 1/14/2019.]
July 23, 2014 Opinion or Order Filing 12 ORDER: Pursuant to the Conditional Transfer Order (CTO-96) of the Judicial Panel on Multidistrict Litigation, MDL No. 2391, this case is hereby transferred to the United States District Court for the Northern District of Indiana for coordinated or consolidated pretrial proceedings. The Clerk of Court is directed to close the case and electronically transmit the record to the United States District Court for the Northern District of Indiana. Signed by District Judge Kevin H. Sharp on 7/23/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) [Transferred from Tennessee Middle on 7/25/2014.] [Transferred from Indiana Northern on 1/14/2019.]
July 21, 2014 Filing 11 CERTIFIED COPY OF CONDITIONAL TRANSFER ORDER (CTO-96) rec'd from the ND of Indiana. (case ready for closing/transfer-proposed order sent to chambers) (af) [Transferred from Tennessee Middle on 7/25/2014.] [Transferred from Indiana Northern on 1/14/2019.]
July 16, 2014 Filing 10 CONDITIONAL TRANSFER ORDER (CTO 96) IN RE: BIOMET M2A MAGNUM HIP IMPLANT PRODUCTS LIABILITY LITIGATION MDL No. 2391 filed by the MDL Judicial Panel. This order does not become effective until it is filed in the Office of the Clerk of the United States District Court for the Northern District of Indiana.(af) [Transferred from Tennessee Middle on 7/25/2014.] [Transferred from Indiana Northern on 1/14/2019.]
July 14, 2014 Filing 9 SUMMONS returned executed by Barbara Linda Walker. Biomet, Inc. served on 6/27/2014. (Attachments: #1 Attachment green card, #2 Attachment affidavit)(Rader, Daniel) [Transferred from Tennessee Middle on 7/25/2014.] [Transferred from Indiana Northern on 1/14/2019.]
July 14, 2014 Filing 8 SUMMONS returned executed by Barbara Linda Walker. Biomet U.S. Reconstruction, LLC served on 6/27/2014. (Attachments: #1 Attachment green card, #2 Attachment affidavit)(Rader, Daniel) [Transferred from Tennessee Middle on 7/25/2014.] [Transferred from Indiana Northern on 1/14/2019.]
July 14, 2014 Filing 7 SUMMONS returned executed by Barbara Linda Walker. Biomet Orthopedics, LLC served on 6/27/2014. (Attachments: #1 Attachment green card, #2 Attachment affidavit)(Rader, Daniel) [Transferred from Tennessee Middle on 7/25/2014.] [Transferred from Indiana Northern on 1/14/2019.]
July 14, 2014 Filing 6 SUMMONS returned executed by Barbara Linda Walker. Biomet Manufacturing, LLC served on 6/27/2014. (Attachments: #1 Attachment green card, #2 Attachment affidavit)(Rader, Daniel) [Transferred from Tennessee Middle on 7/25/2014.] [Transferred from Indiana Northern on 1/14/2019.]
June 20, 2014 Filing 5 RECEIPT #34675032008 in the amount of $400.00 posted by Moore Rader Fitzpatrick, PC, for Barbara Linda Walker, re #1 Complaint. (dt) [Transferred from Tennessee Middle on 7/25/2014.] [Transferred from Indiana Northern on 1/14/2019.]
June 19, 2014 Filing 4 NOTICE of Initial Case Management Conference set for 10/6/2014 at 10:15 AM before District Judge Kevin H. Sharp. (dt) [Transferred from Tennessee Middle on 7/25/2014.] [Transferred from Indiana Northern on 1/14/2019.]
June 19, 2014 Filing 3 NOTICE from USDC Clerk, regarding Corporate Disclosure Statement requirements. (dt) [Transferred from Tennessee Middle on 7/25/2014.] [Transferred from Indiana Northern on 1/14/2019.]
June 19, 2014 Bar status for attorney Daniel Rader IV of TN verified as active this date. (dt) [Transferred from Tennessee Middle on 7/25/2014.] [Transferred from Indiana Northern on 1/14/2019.]
June 19, 2014 Filing 2 Summons issued as to Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC and Biomet, Inc.. (dt) [Transferred from Tennessee Middle on 7/25/2014.] [Transferred from Indiana Northern on 1/14/2019.]
June 19, 2014 Filing 1 COMPLAINT against Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC and Biomet, Inc. (Filing fee $ 400, paid), filed by Barbara Linda Walker. (Attachments: #1 Attachment Civil Cover Sheet)(dt) [Transferred from Tennessee Middle on 7/25/2014.] [Transferred from Indiana Northern on 1/14/2019.]

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Plaintiff: Barbara Linda Walker
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Defendant: Biomet Orthopedics, LLC
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Defendant: Biomet U.S. Reconstruction, LLC
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Defendant: Biomet Manufacturing, LLC
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