Farris et al v. Biomet, Inc. et al
Galina Farris and Michael Farris |
Biomet Inc, Biomet Manufacturing, LLC, Biomet U.S. Reconstruction, LLC and Biomet Orthopedics, L.L.C. |
4:2019cv00764 |
March 4, 2019 |
US District Court for the Southern District of Texas |
Vanessa D Gilmore |
Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
28 U.S.C. § 1332 |
Both |
Docket Report
This docket was last retrieved on April 26, 2019. A more recent docket listing may be available from PACER.
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Filing 102 MOTION for Ruben I. Gonzalez to Appear Pro Hac Vice by Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, L.L.C., Biomet U.S. Reconstruction, LLC, filed. Motion Docket Date 5/17/2019. (Macaluso, Tricia) |
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Filing 100 MOTION for Brenda S. Fulmer to Appear Pro Hac Vice by Galina Farris, filed. Motion Docket Date 5/3/2019. (JenniferLongoria, 1) |
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Filing 97 MOTION for Heather L. Burgess to Appear Pro Hac Vice by Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, L.L.C., Biomet U.S. Reconstruction, LLC, filed. Motion Docket Date 4/25/2019. (Macaluso, Tricia) |
Filing 96 MOTION for Matthew M. Garrett to Appear Pro Hac Vice by Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, L.L.C., Biomet U.S. Reconstruction, LLC, filed. Motion Docket Date 4/25/2019. (Macaluso, Tricia) |
Filing 95 First CERTIFICATE OF INTERESTED PARTIES by Galina Farris, Michael Farris, filed.(Kiziah, Katherine) |
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Filing 92 MOTION for Katherine Kiziah to Appear Pro Hac Vice by Galina Farris, filed. Motion Docket Date 4/10/2019. (gsalinas, 5) |
Filing 91 CORPORATE DISCLOSURE STATEMENT by Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, L.L.C., Biomet U.S. Reconstruction, LLC identifying Zimmer Biomet Holdings, Inc. as Corporate Parent, filed.(Macaluso, Tricia) |
Filing 90 CORPORATE DISCLOSURE STATEMENT by Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, L.L.C., Biomet U.S. Reconstruction, LLC identifying Zimmer Biomet Holdings, Inc. as Corporate Parent, filed.(Macaluso, Tricia) |
Filing 89 CORPORATE DISCLOSURE STATEMENT by Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, L.L.C., Biomet U.S. Reconstruction, LLC identifying Zimmer Biomet Holdings, Inc. as Corporate Parent, filed.(Macaluso, Tricia) |
Filing 88 CORPORATE DISCLOSURE STATEMENT by Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, L.L.C., Biomet U.S. Reconstruction, LLC identifying Zimmer Biomet Holdings, Inc. as Corporate Parent, filed.(Macaluso, Tricia) |
Filing 87 NOTICE of Appearance by Tricia W. Macaluso on behalf of Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, L.L.C., Biomet U.S. Reconstruction, LLC, filed. (Macaluso, Tricia) |
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Filing 85 Case transferred in from Indiana Northern. Case Number 3:16-cv-00451; received electronically. |
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Filing 82 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). |
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Filing 80 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). |
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Filing 70 STATUS CONFERENCE held on 9/19/2018 before Judge Robert L Miller, Jr. Pla appeared by atty N. Ward and B. Fulmer (by phone). Dft appeared by atty E. Hanig, J. Winter, J. LaDue, J. Tanner (in person). The Court hears from parties. Written order to follow. The next Status Conference is set for 11/8/2018 at 1:15 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) |
Filing 77 NOTICE of Appearance by Adrienne Franco Busby on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) |
Filing 76 NOTICE of Appearance by Stephanie N Russo on behalf of Biomet Orthopedics, LLC, Biomet, Inc(ksc) |
Filing 75 NOTICE of Appearance by Andrew L Campbell on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) |
Filing 74 NOTICE of Appearance by J Joseph Tanner on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) |
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Filing 67 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) |
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Filing 63 TELEPHONE CONFERENCE held on 7/18/2018 before Judge Robert L Miller, Jr. Pla appeared by atty A. Davis, N. Ward. Dft appeared by atty E. Hanig, J. LaDue, J. Winter. Topics discussed included status of Group 5 and 6 discovery, the proposed pretrial order on remand, upcoming expert video depositions, pro se cases and pending motions. Following discussion, the court directed plaintiff's counsel to file any motion to enforce settlement in Simpson v. Biomet, 3:16cv466, by Aug 9, 2018. Next status conference set for Aug 27, 2018 at 1:30 p.m. (EDT) before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) |
Filing 62 ANSWER to #60 Amended Complaint, by Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction LLC, Biomet, Inc..(Hanig, Erin) |
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Filing 60 AMENDED COMPLAINT against Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction LLC, Biomet, Inc., filed by Galina Farris, Individually and as Independent Administratrix of the Estate of Michael Wayne Farris and as next friend of VAF Minor.(mlc) |
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Filing 58 MOTION to Substitute Party and Amend Complaint by Plaintiff Galina Farris. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Fulmer PHV, Brenda) |
Filing 57 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) |
Filing 56 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) |
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Filing 49 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) |
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Filing 46 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) |
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Filing 43 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) |
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Filing 39 TELEPHONIC STATUS CONFERENCE held on 10/26/2017 before Judge Robert L Miller, Jr. Pla appeared by atty B. Fulmer. Dft appeared by atty J. LaDue. The Court hears from the parties. Telephonic Status Conference set for 12/19/2017 at 1:30 PM (EST) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) |
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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) |
Filing 31 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) |
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Filing 29 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) |
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Filing 24 NOTICE of Change of Address/Contact Information Associated Cases: 3:12-md-02391-RLM-MGG et al.(Hanig, Erin) |
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Filing 22 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) |
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Magistrate Judge Michael G Gotsch, Sr added. Magistrate Judge Christopher A Nuechterlein no longer assigned to case. (mlf) |
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Filing 15 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) |
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Filing 12 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) |
Filing 11 ANSWER to #1 Complaint by Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc..(Hanig, Erin) |
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Filing 7 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) |
Filing 6 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) |
Filing 5 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) |
Filing 4 NOTICE of Appearance by Erin Linder Hanig on behalf of Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. (Hanig, Erin) |
Filing 3 NOTICE of Appearance by John D LaDue on behalf of Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. (LaDue, John) |
Judge Robert L Miller, Jr and Magistrate Judge Christopher A Nuechterlein added. (NEW CASE) (mlc) |
Filing 2 NOTICE by Galina Farris, Michael Farris of Related Case (Fulmer PHV, Brenda) |
Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 receipt number 0755-2987463.), filed by Michael Farris, Galina Farris. (Attachments: #1 Civil Cover Sheet)(Fulmer PHV, Brenda) |
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