Giambruno v. Biomet Inc et al
Plaintiff: Michael Giambruno
Defendant: Biomet Orthopedics, LLC, Biomet Inc, Biomet Manufacturing, LLC and Biomet U.S. Reconstruction, LLC
Case Number: 1:2019cv00018
Filed: January 7, 2019
Court: US District Court for the Western District of Texas
Presiding Judge: Lee Yeakel
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on July 23, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 23, 2019 Opinion or Order Filing 106 AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 10/14/2020 09:30 AM before Judge Lee Yeakel, ADR Report Deadline due by 3/19/2020, Discovery due by 7/3/2020, Motions due by 8/3/2020. Signed by Judge Lee Yeakel. (td)
June 10, 2019 Filing 105 Pro Hac Vice Letter mailed to Alex C. Davis. (td)
June 7, 2019 Filing 104 Proposed Scheduling Order (Agreed) by Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC. (Macaluso, Tricia)
May 20, 2019 Filing 103 Minute Entry for proceedings held before Judge Lee Yeakel: Pretrial Conference held on 5/20/2019 (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.)(td)
May 6, 2019 Opinion or Order Filing 102 ORDER GRANTING #101 Motion to Appear Pro Hac Vice by Ruben I. Gonzalez. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (td)
April 26, 2019 Filing 101 MOTION to Appear Pro Hac Vice by Ruben I. Gonzalez ( Filing fee $ 100 receipt number 0542-12049103) by on behalf of Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC. (Attachments: #1 Proposed Order)(Macaluso, Tricia) Modified on 4/29/2019 (td).
March 27, 2019 Opinion or Order Filing 100 ORDER setting Status Conference for 5/20/2019 09:30 AM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (td)
March 19, 2019 Opinion or Order Filing 99 ORDER GRANTING #95 Motion to Appear Pro Hac Vice by Matthew M. Garrett. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (td)
March 19, 2019 Opinion or Order Filing 98 ORDER GRANTING #94 Motion to Appear Pro Hac Vice by Heather Campbell Burgess. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (td)
March 19, 2019 Opinion or Order Filing 97 ORDER GRANTING #96 Motion to Appear Pro Hac Vice by Raymond D. Rushing. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (td)
March 13, 2019 Filing 96 MOTION to Appear Pro Hac Vice by Raymond D. Rushing ( Filing fee $ 100 receipt number 0542-11874949) by on behalf of Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC. (Attachments: #1 Proposed Order)(Macaluso, Tricia) Modified on 3/14/2019 (td).
March 13, 2019 Filing 95 MOTION to Appear Pro Hac Vice by Matthew M. Garrett ( Filing fee $ 100 receipt number 0542-11874937) by on behalf of Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC. (Attachments: #1 Proposed Order)(Macaluso, Tricia) Modified on 3/14/2019 (td).
March 13, 2019 Filing 94 MOTION to Appear Pro Hac Vice by Heather Campbell Burgess ( Filing fee $ 100 receipt number 0542-11874913) by on behalf of Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC. (Attachments: #1 Proposed Order)(Macaluso, Tricia) Modified on 3/14/2019 (td).
March 7, 2019 Filing 93 NOTICE of Attorney Appearance with corrected certificate of service by Tricia Wisenbaker Macaluso on behalf of Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC (Macaluso, Tricia) Modified on 3/7/2019 (td).
March 7, 2019 Filing 92 NOTICE of Attorney Appearance by Tricia Wisenbaker Macaluso on behalf of Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC. Attorney Tricia Wisenbaker Macaluso added to party Biomet Inc(pty:dft), Attorney Tricia Wisenbaker Macaluso added to party Biomet Manufacturing, LLC(pty:dft), Attorney Tricia Wisenbaker Macaluso added to party Biomet Orthopedics, LLC(pty:dft), Attorney Tricia Wisenbaker Macaluso added to party Biomet U.S. Reconstruction, LLC(pty:dft) (Macaluso, Tricia)
February 6, 2019 Opinion or Order Filing 90 ORDER GRANTING #88 Motion to Appear Pro Hac Vice by Sean A. McCarty. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (td)
February 4, 2019 Filing 89 NOTICE of Attorney Appearance by Guy L. Watts, II on behalf of Michael Giambruno. Attorney Guy L. Watts, II added to party Michael Giambruno(pty:pla) (Watts, Guy)
February 4, 2019 Filing 88 MOTION to Appear Pro Hac Vice by Sean A. McCarty ( Filing fee $ 100 receipt number 0542-11718459) by on behalf of Michael Giambruno. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order)(McCarty, Sean)
February 1, 2019 Filing 87 NOTICE of Attorney Appearance by Ryan L. Thompson on behalf of Michael Giambruno. Attorney Ryan L. Thompson added to party Michael Giambruno(pty:pla) (Thompson, Ryan)
February 1, 2019 Filing 86 NOTICE of Attorney Appearance by Paige Boldt on behalf of Michael Giambruno. Attorney Paige Boldt added to party Michael Giambruno(pty:pla) (Boldt, Paige)
January 28, 2019 Filing 85 2ND Pro Hac Vice Letter to Erin Linder Hanig. (td)
January 28, 2019 Filing 84 2ND Pro Hac Vice Letter to John D LaDue. (td)
January 28, 2019 Filing 83 2ND Pro Hac Vice Letter to Stephanie N Russo. (td)
January 28, 2019 Filing 82 2ND Pro Hac Vice Letter to J Joseph Tanner. (td)
January 28, 2019 Filing 81 2ND Pro Hac Vice Letter to Andrew L. Campbell. (td)
January 28, 2019 Filing 80 2ND Pro Hac Vice Letter to Adrienne Franco Busby. (td)
January 28, 2019 Filing 79 2ND Pro Hac Vice Letter to Kenneth Brian Moll. (td)
January 8, 2019 Filing 78 Case Opening Letter re: Case Assignment is Western District of Texas, Austin Division. (afd)
January 8, 2019 Filing 77 Pro Hac Vice Letters to Kenneth Moll, Adrienne Busby, Andrew Campbell, Erin Hanig, J Joseph Tanner, John LaDue and Stephanie Russo. (afd)
January 7, 2019 DEMAND for Trial by Jury by Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Michael Giambruno. (afd)
January 7, 2019 Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (afd)
January 7, 2019 Filing 76 Case electronically transferred in from Northern District of Indiana; Case Number 3:16-cv-00548.
January 7, 2019 Opinion or Order Filing 74 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the status conference on January 9, 2019 at 1:15 p.m. (EST).. Signed by Judge Robert L Miller, Jr on 1/7/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 1/7/2019.]
January 4, 2019 Opinion or Order Filing 75 TRANSFER ORDER AND EXPLANATION TO RECEIVING COURT ORDER transferring case to the Western District of Texas pursuant to 28 U.S.C. 1404(a). Signed by Judge Robert L Miller, Jr on 1/4/18. (jld) [Transferred from Indiana Northern on 1/7/2019.]
November 19, 2018 Filing 73 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 1/7/2019.]
November 9, 2018 Filing 72 NOTICE by Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet US Reconstruction LLC re #70 Brief (Other) in Response in Support of Remand to the Western District of Texas (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Hanig, Erin) [Transferred from Indiana Northern on 1/7/2019.]
November 9, 2018 Opinion or Order Filing 71 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 1/7/2019.]
October 26, 2018 Filing 70 BRIEF In Support of Venue Recommendation. (Attachments: #1 Exhibit)(Moll PHV, Kenneth) [Transferred from Indiana Northern on 1/7/2019.]
October 15, 2018 Opinion or Order Filing 69 ORDER Plaintiffs' Steering Committee and Biomet Defendants are to file a brief joint report by 10/29/2018 providing the status of the listed cases omitted from proposed Remand Group 2; Plaintiffs' Steering Committee and Biomet Defendants are to file a brief joint report by 10/29/2018 identifying the proposed deadlines for Discovery Group 7 and status for the omitted cases for proposed Discovery Group 7; the parties in 3;16cv548 are directed to brief the venue dispute. Plaintiff's Brief due by 10/26/2018. Defendants' Response to be filed by 11/9/2018. Signed by Judge Robert L Miller, Jr on 10/15/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 1/7/2019.]
October 1, 2018 Opinion or Order Filing 68 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 1/7/2019.]
September 24, 2018 Opinion or Order Filing 63 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 1/7/2019.]
September 21, 2018 Opinion or Order Filing 62 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 1/7/2019.]
September 19, 2018 Opinion or Order Filing 61 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 1/7/2019.]
September 19, 2018 Filing 60 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 1/7/2019.]
September 18, 2018 Filing 67 NOTICE of Appearance by Adrienne Franco Busby on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 1/7/2019.]
September 18, 2018 Filing 66 NOTICE of Appearance by Stephanie N Russo on behalf of Biomet Orthopedics, LLC, Biomet, Inc(ksc) [Transferred from Indiana Northern on 1/7/2019.]
September 18, 2018 Filing 65 NOTICE of Appearance by Andrew L Campbell on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 1/7/2019.]
September 18, 2018 Filing 64 NOTICE of Appearance by J Joseph Tanner on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 1/7/2019.]
September 12, 2018 Opinion or Order Filing 59 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 1/7/2019.]
September 6, 2018 Opinion or Order Filing 58 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 1/7/2019.]
September 6, 2018 Filing 57 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 1/7/2019.]
August 24, 2018 Opinion or Order Filing 56 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 1/7/2019.]
August 16, 2018 Opinion or Order Filing 55 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 1/7/2019.]
July 26, 2018 Opinion or Order Filing 54 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 1/7/2019.]
July 18, 2018 Filing 53 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 1/7/2019.]
July 12, 2018 Opinion or Order Filing 52 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 1/7/2019.]
May 29, 2018 Filing 51 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 1/7/2019.]
May 17, 2018 Filing 50 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 1/7/2019.]
May 9, 2018 Opinion or Order Filing 49 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 1/7/2019.]
April 23, 2018 Opinion or Order Filing 48 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 1/7/2019.]
April 10, 2018 Opinion or Order Filing 47 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 1/7/2019.]
March 29, 2018 Opinion or Order Filing 46 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 1/7/2019.]
March 26, 2018 Opinion or Order Filing 45 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 1/7/2019.]
March 14, 2018 Opinion or Order Filing 44 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 1/7/2019.]
March 12, 2018 Filing 43 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 1/7/2019.]
February 8, 2018 Opinion or Order Filing 42 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 1/7/2019.]
February 1, 2018 Opinion or Order Filing 41 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 1/7/2019.]
January 30, 2018 Filing 40 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 1/7/2019.]
January 25, 2018 Opinion or Order Filing 39 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 1/7/2019.]
December 21, 2017 Filing 38 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 1/7/2019.]
December 18, 2017 Opinion or Order Filing 37 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 1/7/2019.]
December 12, 2017 Opinion or Order Filing 36 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 1/7/2019.]
October 26, 2017 Filing 35 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) [Transferred from Indiana Northern on 1/7/2019.]
October 23, 2017 Opinion or Order Filing 34 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 1/7/2019.]
August 28, 2017 Opinion or Order Filing 33 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 1/7/2019.]
August 18, 2017 Opinion or Order Filing 32 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 1/7/2019.]
July 14, 2017 Opinion or Order Filing 31 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 1/7/2019.]
July 10, 2017 Opinion or Order Filing 30 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 1/7/2019.]
June 20, 2017 Filing 29 REQUEST for Production of Documents by Michael Giambruno.(Moll PHV, Kenneth) [Transferred from Indiana Northern on 1/7/2019.]
June 20, 2017 Filing 28 INTERROGATORIES Propounded to Biomet, et al by Michael Giambruno.(Moll PHV, Kenneth) [Transferred from Indiana Northern on 1/7/2019.]
June 15, 2017 Opinion or Order Filing 27 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 1/7/2019.]
June 12, 2017 Filing 26 ANSWER to #1 Complaint by Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet US Reconstruction LLC.(Hanig, Erin) [Transferred from Indiana Northern on 1/7/2019.]
April 28, 2017 Opinion or Order Filing 25 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 1/7/2019.]
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 1/7/2019.]
April 25, 2017 Filing 23 WAIVER OF SERVICE Returned Executed by Michael Giambruno. Biomet Inc waiver sent on 4/13/2017, answer due 6/12/2017; Biomet Manufacturing LLC waiver sent on 4/13/2017, answer due 6/12/2017; Biomet Orthopedics LLC waiver sent on 4/13/2017, answer due 6/12/2017; Biomet US Reconstruction LLC waiver sent on 4/13/2017, answer due 6/12/2017. (Moll PHV, Kenneth) [Transferred from Indiana Northern on 1/7/2019.]
April 24, 2017 Filing 24 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 1/7/2019.]
April 21, 2017 Opinion or Order Filing 22 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 1/7/2019.]
March 28, 2017 Filing 21 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 1/7/2019.]
March 23, 2017 Opinion or Order Filing 20 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 1/7/2019.]
February 23, 2017 Opinion or Order Filing 19 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 1/7/2019.]
December 15, 2016 Opinion or Order Filing 18 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 1/7/2019.]
November 28, 2016 Opinion or Order Filing 17 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 1/7/2019.]
November 28, 2016 Filing 16 NOTICE of Change of Address/Contact Information Associated Cases: 3:12-md-02391-RLM-MGG et al.(Hanig, Erin) [Transferred from Indiana Northern on 1/7/2019.]
November 15, 2016 Opinion or Order Filing 15 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 1/7/2019.]
November 7, 2016 Filing 14 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 1/7/2019.]
October 28, 2016 Opinion or Order Filing 13 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 1/7/2019.]
October 6, 2016 Opinion or Order Filing 12 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 1/7/2019.]
October 6, 2016 Opinion or Order Filing 11 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 1/7/2019.]
August 31, 2016 Opinion or Order Filing 10 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 1/7/2019.]
August 31, 2016 Opinion or Order Filing 9 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 1/7/2019.]
August 31, 2016 Opinion or Order Filing 8 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 1/7/2019.]
August 31, 2016 Filing 7 NOTICE of Appearance by John D LaDue on behalf of Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet US Reconstruction LLC (LaDue, John) [Transferred from Indiana Northern on 1/7/2019.]
August 31, 2016 Filing 6 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 1/7/2019.]
August 30, 2016 Opinion or Order Filing 5 ORDER granting #3 Application to Appear Pro Hac Vice of Attorney Kenneth Brian Moll on behalf of Michael Giambruno. Signed by Judge Robert L Miller, Jr on 08/30/2016. (mtr) [Transferred from Indiana Northern on 1/7/2019.]
August 29, 2016 Filing 4 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 1/7/2019.]
August 29, 2016 Filing 3 Application for Attorney Kenneth Brian Moll to Appear Pro Hac Vice on behalf of Michael Giambruno. (MDL-PHV Temporary Login, ) [Transferred from Indiana Northern on 1/7/2019.]
August 25, 2016 Opinion or Order Filing 2 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 1/7/2019.]
August 18, 2016 Filing 1 COMPLAINT with Jury Demand against Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet US Reconstruction LLC (Filing fee $ 400.) Receipt #3015783, filed by Michael Giambruno. (Attachments: #1 Civil Cover Sheet)(jld) [Transferred from Indiana Northern on 1/7/2019.]

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Search for this case: Giambruno v. Biomet Inc et al
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Defendant: Biomet Orthopedics, LLC
Represented By: Stephanie N Russo
Represented By: Adrienne Franco Busby
Represented By: J Joseph Tanner
Represented By: Erin Linder Hanig
Represented By: Andrew L Campbell
Represented By: John D LaDue
Represented By: Tricia Wisenbaker Macaluso
Represented By: Raymond D. Rushing
Represented By: Heather Campbell Burgess
Represented By: Matthew M. Garrett
Represented By: Ruben I. Gonzalez
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Defendant: Biomet Inc
Represented By: Stephanie N Russo
Represented By: Adrienne Franco Busby
Represented By: J Joseph Tanner
Represented By: Erin Linder Hanig
Represented By: Andrew L Campbell
Represented By: John D LaDue
Represented By: Tricia Wisenbaker Macaluso
Represented By: Raymond D. Rushing
Represented By: Heather Campbell Burgess
Represented By: Matthew M. Garrett
Represented By: Ruben I. Gonzalez
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Defendant: Biomet Manufacturing, LLC
Represented By: Erin Linder Hanig
Represented By: John D LaDue
Represented By: Tricia Wisenbaker Macaluso
Represented By: Raymond D. Rushing
Represented By: Heather Campbell Burgess
Represented By: Matthew M. Garrett
Represented By: Ruben I. Gonzalez
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Defendant: Biomet U.S. Reconstruction, LLC
Represented By: Erin Linder Hanig
Represented By: John D LaDue
Represented By: Tricia Wisenbaker Macaluso
Represented By: Raymond D. Rushing
Represented By: Heather Campbell Burgess
Represented By: Matthew M. Garrett
Represented By: Ruben I. Gonzalez
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Plaintiff: Michael Giambruno
Represented By: Kenneth Brian Moll PHV
Represented By: Guy L. Watts, II
Represented By: Paige Boldt
Represented By: Ryan L. Thompson
Represented By: Sean A. McCarty
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