Meyer v. Biomet Inc et al
Plaintiff: Carol Meyer
Defendant: Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC and Biomet Inc
Case Number: 1:2019cv00204
Filed: March 4, 2019
Court: US District Court for the Western District of Texas
Presiding Judge: Lee Yeakel
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on January 10, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 10, 2020 Opinion or Order Filing 178 ORDER GRANTING #177 Motion for Extension of Time to File Signed by Judge Lee Yeakel. (cj)
January 8, 2020 Filing 177 Joint MOTION for Extension of Time to File Dismissal by Biomet Inc, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC. (Attachments: #1 Proposed Order)(Burgess, Heather)
December 18, 2019 Opinion or Order Filing 176 ORDER re #175 GRANTED TO THE FOLLOWING EXTENT: the parties shall file amotion to dismiss or stipulation of dismissal on or before January 17, 2019. Signed by Judge Lee Yeakel. (cj)
December 12, 2019 Filing 175 NOTICE of Settlement and Agreed Motion to Vacate Deadlines (Joint) by Biomet Inc, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC (Attachments: #1 Proposed Order)(Burgess, Heather)
July 23, 2019 Opinion or Order Filing 174 AGREED SCHEDULING ORDER: Amended Pleadings due by 7/20/2019, ADR Report Deadline due by 3/19/2020, Discovery due by 7/3/2020, Motions due by 8/3/2020, Final Pretrial Conference set for 10/14/2020 09:30 AM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (cj)
June 7, 2019 Filing 173 Proposed Scheduling Order (Agreed) by Biomet Inc, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC. (Macaluso, Tricia)
May 20, 2019 Filing 172 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.)(cj)
May 6, 2019 Opinion or Order Filing 171 ORDER GRANTING #170 Motion to Appear Pro Hac Vice for Attorney Ruben I. Gonzalez for Biomet Inc,Ruben I. Gonzalez for Biomet Orthopedics, LLC,Ruben I. Gonzalez for Biomet U.S. Reconstruction, LLC. 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. (cj)
April 26, 2019 Filing 170 MOTION to Appear Pro Hac Vice for Ruben I. Gonzalez by Tricia Wisenbaker Macaluso ( Filing fee $ 100 receipt number 0542-12048819) by on behalf of Biomet Inc, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC. (Attachments: #1 Proposed Order)(Macaluso, Tricia)
March 27, 2019 Opinion or Order Filing 169 ORDER Status Conference set for 5/20/2019 09:30 AM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (cj)
March 26, 2019 Opinion or Order Filing 168 ORDER GRANTING #167 Motion to Appear Pro Hac Vice for Attorney David Nathaniel Bigelow for Carol Meyer. 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. (cj)
March 20, 2019 Filing 167 MOTION to Appear Pro Hac Vice by David Nathaniel Bigelow ( Filing fee $ 100 receipt number 100035452). (Attachments: #1 Cover Letter, Envelope, and Receipt, #2 Proposed Order)(cj)
March 19, 2019 Opinion or Order Filing 166 ORDER GRANTING #163 Motion to Appear Pro Hac Vice for 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. (cj)
March 19, 2019 Opinion or Order Filing 165 ORDER GRANTING #162 Motion to Appear Pro Hac Vice for 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. (cj)
March 19, 2019 Opinion or Order Filing 164 ORDER GRANTING #161 Motion to Appear Pro Hac Vice for 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. (cj)
March 13, 2019 Filing 163 MOTION to Appear Pro Hac Vice for Raymond D. Rushing by Tricia Wisenbaker Macaluso ( Filing fee $ 100 receipt number 0542-11874799) by on behalf of Biomet Inc, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC. (Attachments: #1 Proposed Order)(Macaluso, Tricia) Modified - added name of attorney requesting pro hac on 3/14/2019 (cj).
March 13, 2019 Filing 162 MOTION to Appear Pro Hac Vice for Matthew M. Garrett by Tricia Wisenbaker Macaluso ( Filing fee $ 100 receipt number 0542-11874783) by on behalf of Biomet Inc, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC. (Attachments: #1 Proposed Order)(Macaluso, Tricia) Modified - added name of attorney requesting pro hac on 3/14/2019 (cj).
March 13, 2019 Filing 161 MOTION to Appear Pro Hac Vice for Heather Campbell Burgess by Tricia Wisenbaker Macaluso ( Filing fee $ 100 receipt number 0542-11874741) by on behalf of Biomet Inc, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC. (Attachments: #1 Proposed Order)(Macaluso, Tricia) Modified - added name of attorney requesting pro hac on 3/14/2019 (cj).
March 11, 2019 Filing 160 NOTICE of Attorney Appearance by Tricia Wisenbaker Macaluso on behalf of Biomet Inc, 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 Orthopedics, LLC(pty:dft), Attorney Tricia Wisenbaker Macaluso added to party Biomet U.S. Reconstruction, LLC(pty:dft) (Macaluso, Tricia)
March 5, 2019 Filing 159 Transfer and Case Opening letters mailed to Adrienne Busby, Andrew Campbell, Erin Hanig, John D. LaDue, James O'Callahan, Stephanie Russo, and J. Joseph Tanner. (cj)
March 5, 2019 Opinion or Order Filing 158 Order Directing J. Joseph Tanner to File a Motion to Appear Pro Hac Vice within 14 days. Signed by Judge Lee Yeakel. (cj)
March 5, 2019 Opinion or Order Filing 157 Order Directing Stephanie N. Russo to File a Motion to Appear Pro Hac Vice within 14 days. Signed by Judge Lee Yeakel. (cj)
March 5, 2019 Opinion or Order Filing 156 Order Directing James G. O'Callahan to File a Motion to Appear Pro Hac Vice within 14 days. Signed by Judge Lee Yeakel. (cj)
March 5, 2019 Opinion or Order Filing 155 Order Directing John D. LaDue to File a Motion to Appear Pro Hac Vice within 14 days. Signed by Judge Lee Yeakel. (cj)
March 5, 2019 Opinion or Order Filing 154 Order Directing Erin Linder Hanig to File a Motion to Appear Pro Hac Vice within 14 days. Signed by Judge Lee Yeakel. (cj)
March 5, 2019 Opinion or Order Filing 153 Order Directing Andrew L. Campbell to File a Motion to Appear Pro Hac Vice within 14 days. Signed by Judge Lee Yeakel. (cj)
March 5, 2019 Opinion or Order Filing 152 Order Directing Adrienne Franco Busby to File a Motion to Appear Pro Hac Vice within 14 days. Signed by Judge Lee Yeakel. (cj)
March 4, 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. (cj)
March 4, 2019 DEMAND for Trial by Jury by Carol Meyer. (cj)
March 4, 2019 Filing 151 Case electronically transferred in from Northern District of Indiana; Case Number 3:15-cv-00296.
February 22, 2019 Opinion or Order Filing 150 GROUP 3 TRANSFER ORDER AND EXPLANATION TO RECEIVING COURTS Pursuant to the court's prior orders and 28 U.S.C. 1404(a), this case is TRANSFERRED to the Western District of Texas, Austin Division. Signed by Judge Robert L Miller, Jr on 2/22/19. (jld) [Transferred from Indiana Northern on 3/4/2019.]
January 10, 2019 Opinion or Order Filing 149 MEMORANDUM AND ORDER FOR JANUARY 9, 2019 STATUS CONFERENCE Summary of topics discussed and action taken. Next status conference set for March 4, 2019 at 1:30 p.m. (EST). Signed by Judge Robert L Miller, Jr on 1/10/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
January 10, 2019 Filing 148 STATUS CONFERENCE held on 1/9/2019 before Judge Robert L Miller, Jr. Pla appeared by atty Navan Ward. Dft appeared by atty Erin Hanig, John Winter. Summary of topics discussed and action taken. Next status conference set for March 4, 2019 at 01:30 PM (EST) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) Modified on 1/11/2019 to correct date hearing held (jld). Modified on 2/1/2019 to correct date hearing held (dk). [Transferred from Indiana Northern on 3/4/2019.]
January 8, 2019 Opinion or Order Filing 147 ORDER Responses to the court's request or additional information regarding the cases to be included in Remand/Transfer Group 3 are due by 1/28/2019. Signed by Judge Robert L Miller, Jr on 1/8/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/4/2019.]
January 7, 2019 Opinion or Order Filing 146 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 3/4/2019.]
November 19, 2018 Filing 145 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 3/4/2019.]
November 9, 2018 Opinion or Order Filing 144 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 3/4/2019.]
October 1, 2018 Opinion or Order Filing 143 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 3/4/2019.]
September 24, 2018 Opinion or Order Filing 138 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 3/4/2019.]
September 21, 2018 Opinion or Order Filing 137 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 3/4/2019.]
September 19, 2018 Opinion or Order Filing 136 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 3/4/2019.]
September 19, 2018 Filing 135 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 3/4/2019.]
September 18, 2018 Filing 142 NOTICE of Appearance by Adrienne Franco Busby on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 3/4/2019.]
September 18, 2018 Filing 141 NOTICE of Appearance by Stephanie N Russo on behalf of Biomet Orthopedics, LLC, Biomet, Inc(ksc) [Transferred from Indiana Northern on 3/4/2019.]
September 18, 2018 Filing 140 NOTICE of Appearance by Andrew L Campbell on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 3/4/2019.]
September 18, 2018 Filing 139 NOTICE of Appearance by J Joseph Tanner on behalf of Biomet Orthopedics, LLC, Biomet, Inc. (ksc) [Transferred from Indiana Northern on 3/4/2019.]
September 12, 2018 Opinion or Order Filing 134 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 3/4/2019.]
September 6, 2018 Opinion or Order Filing 133 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 3/4/2019.]
September 6, 2018 Filing 132 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 3/4/2019.]
August 24, 2018 Opinion or Order Filing 131 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 3/4/2019.]
August 16, 2018 Opinion or Order Filing 130 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 3/4/2019.]
July 26, 2018 Opinion or Order Filing 129 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 3/4/2019.]
July 18, 2018 Filing 128 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 3/4/2019.]
July 12, 2018 Opinion or Order Filing 127 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 3/4/2019.]
May 29, 2018 Filing 126 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 3/4/2019.]
May 17, 2018 Filing 125 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 3/4/2019.]
May 9, 2018 Opinion or Order Filing 124 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 3/4/2019.]
April 23, 2018 Opinion or Order Filing 123 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 3/4/2019.]
April 10, 2018 Opinion or Order Filing 122 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 3/4/2019.]
March 29, 2018 Opinion or Order Filing 121 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 3/4/2019.]
March 26, 2018 Opinion or Order Filing 120 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 3/4/2019.]
March 14, 2018 Opinion or Order Filing 119 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 3/4/2019.]
March 12, 2018 Filing 118 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 3/4/2019.]
February 8, 2018 Opinion or Order Filing 117 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 3/4/2019.]
February 1, 2018 Opinion or Order Filing 116 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 3/4/2019.]
January 30, 2018 Filing 115 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 3/4/2019.]
January 25, 2018 Opinion or Order Filing 114 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 3/4/2019.]
January 8, 2018 Opinion or Order Filing 113 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 3/4/2019.]
December 21, 2017 Filing 112 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 3/4/2019.]
December 18, 2017 Opinion or Order Filing 111 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 3/4/2019.]
December 18, 2017 Opinion or Order Filing 110 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 3/4/2019.]
December 12, 2017 Opinion or Order Filing 109 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 3/4/2019.]
October 26, 2017 Filing 108 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 3/4/2019.]
October 23, 2017 Opinion or Order Filing 107 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 3/4/2019.]
August 28, 2017 Opinion or Order Filing 106 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 3/4/2019.]
August 18, 2017 Opinion or Order Filing 105 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 3/4/2019.]
July 14, 2017 Opinion or Order Filing 104 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 3/4/2019.]
July 10, 2017 Opinion or Order Filing 103 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 3/4/2019.]
June 15, 2017 Opinion or Order Filing 102 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 3/4/2019.]
April 28, 2017 Opinion or Order Filing 101 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 3/4/2019.]
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 3/4/2019.]
April 24, 2017 Filing 100 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 3/4/2019.]
April 21, 2017 Opinion or Order Filing 99 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 3/4/2019.]
March 28, 2017 Filing 98 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 3/4/2019.]
March 23, 2017 Opinion or Order Filing 97 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 3/4/2019.]
February 23, 2017 Opinion or Order Filing 96 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 3/4/2019.]
December 15, 2016 Opinion or Order Filing 95 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 3/4/2019.]
November 28, 2016 Opinion or Order Filing 94 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 3/4/2019.]
November 28, 2016 Filing 93 NOTICE of Change of Address/Contact Information Associated Cases: 3:12-md-02391-RLM-MGG et al.(Hanig, Erin) [Transferred from Indiana Northern on 3/4/2019.]
November 15, 2016 Opinion or Order Filing 92 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 3/4/2019.]
November 7, 2016 Filing 91 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 3/4/2019.]
October 28, 2016 Opinion or Order Filing 90 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 3/4/2019.]
October 6, 2016 Opinion or Order Filing 89 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 3/4/2019.]
October 6, 2016 Opinion or Order Filing 88 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 3/4/2019.]
September 19, 2016 Magistrate Judge Michael G Gotsch, Sr added. Magistrate Judge Christopher A Nuechterlein no longer assigned to case. (dk) [Transferred from Indiana Northern on 3/4/2019.]
August 31, 2016 Opinion or Order Filing 87 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 3/4/2019.]
August 31, 2016 Opinion or Order Filing 86 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 3/4/2019.]
August 31, 2016 Opinion or Order Filing 85 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 3/4/2019.]
August 29, 2016 Filing 84 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 3/4/2019.]
August 25, 2016 Opinion or Order Filing 83 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 3/4/2019.]
August 17, 2016 Opinion or Order Filing 82 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 3/4/2019.]
August 10, 2016 Filing 81 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 3/4/2019.]
August 4, 2016 Opinion or Order Filing 80 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 3/4/2019.]
July 28, 2016 Opinion or Order Filing 79 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 3/4/2019.]
July 28, 2016 Opinion or Order Filing 78 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 3/4/2019.]
July 26, 2016 Filing 77 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 3/4/2019.]
July 18, 2016 Filing 76 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 3/4/2019.]
July 14, 2016 Filing 75 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 3/4/2019.]
July 7, 2016 Opinion or Order Filing 74 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 3/4/2019.]
July 5, 2016 Opinion or Order Filing 73 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 3/4/2019.]
June 24, 2016 Opinion or Order Filing 72 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 3/4/2019.]
June 10, 2016 Opinion or Order Filing 71 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 3/4/2019.]
June 6, 2016 Filing 70 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 3/4/2019.]
June 3, 2016 Opinion or Order Filing 69 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 3/4/2019.]
May 26, 2016 Opinion or Order Filing 68 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 3/4/2019.]
May 19, 2016 Opinion or Order Filing 67 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 3/4/2019.]
May 11, 2016 Opinion or Order Filing 66 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 3/4/2019.]
April 26, 2016 Opinion or Order Filing 64 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 3/4/2019.]
April 25, 2016 Filing 65 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 3/4/2019.]
April 14, 2016 Opinion or Order Filing 63 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 3/4/2019.]
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 3/4/2019.]
April 13, 2016 Opinion or Order Filing 62 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 3/4/2019.]
April 12, 2016 Filing 61 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 3/4/2019.]
April 7, 2016 Opinion or Order Filing 60 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 3/4/2019.]
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 3/4/2019.]
March 31, 2016 Opinion or Order Filing 59 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 3/4/2019.]
March 31, 2016 Filing 58 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 3/4/2019.]
March 16, 2016 Filing 57 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 3/4/2019.]
March 14, 2016 Filing 56 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 3/4/2019.]
March 8, 2016 Opinion or Order Filing 55 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 3/4/2019.]
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 3/4/2019.]
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 3/4/2019.]
March 7, 2016 Filing 54 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 3/4/2019.]
March 3, 2016 Opinion or Order Filing 53 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 3/4/2019.]
March 2, 2016 Filing 52 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 3/4/2019.]
February 29, 2016 Opinion or Order Filing 51 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 3/4/2019.]
February 29, 2016 Opinion or Order Filing 50 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 3/4/2019.]
February 29, 2016 Opinion or Order Filing 49 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 3/4/2019.]
February 24, 2016 Opinion or Order Filing 48 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 3/4/2019.]
February 17, 2016 Opinion or Order Filing 47 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 3/4/2019.]
February 17, 2016 Opinion or Order Filing 46 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 3/4/2019.]
February 16, 2016 Filing 45 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 3/4/2019.]
February 16, 2016 Filing 44 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 3/4/2019.]
February 16, 2016 Opinion or Order Filing 43 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 3/4/2019.]
February 1, 2016 Filing 42 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 3/4/2019.]
January 28, 2016 Filing 41 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 3/4/2019.]
January 26, 2016 Opinion or Order Filing 40 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 3/4/2019.]
December 29, 2015 Opinion or Order Filing 39 ORDER: GRANTING #37 Motion to Withdraw #34 Motion to Dismiss. Signed by Judge Robert L Miller, Jr on 12/29/15. (jld) [Transferred from Indiana Northern on 3/4/2019.]
December 23, 2015 Opinion or Order Filing 38 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 3/4/2019.]
December 22, 2015 Filing 37 MOTION to Withdraw #34 MOTION to Dismiss Complaint for Failure to Serve by Defendants Biomet Inc, Biomet Orthopedics LLC, Biomet U.S. Reconstruction, LLC. (Hanig, Erin) [Transferred from Indiana Northern on 3/4/2019.]
December 21, 2015 Opinion or Order Filing 36 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 3/4/2019.]
December 17, 2015 Opinion or Order Filing 35 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 3/4/2019.]
December 11, 2015 Filing 34 ***WITHDRAWN PER #39 ORDER*** MOTION to Dismiss Complaint for Failure to Serve by Defendants Biomet Inc, Biomet Orthopedics LLC, Biomet U.S. Reconstruction, LLC. (Hanig, Erin) Modified on 12/29/2015 (jld). [Transferred from Indiana Northern on 3/4/2019.]
December 9, 2015 Filing 33 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 3/4/2019.]
December 7, 2015 Filing 32 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 3/4/2019.]
December 7, 2015 Opinion or Order Filing 31 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 3/4/2019.]
December 3, 2015 Opinion or Order Filing 30 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 3/4/2019.]
December 1, 2015 Opinion or Order Filing 29 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 3/4/2019.]
December 1, 2015 Opinion or Order Filing 28 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 3/4/2019.]
November 24, 2015 Opinion or Order Filing 27 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 3/4/2019.]
November 24, 2015 Opinion or Order Filing 26 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 3/4/2019.]
November 10, 2015 Filing 25 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 3/4/2019.]
October 15, 2015 Filing 24 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 3/4/2019.]
October 8, 2015 Opinion or Order Filing 23 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 3/4/2019.]
October 8, 2015 Filing 22 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 3/4/2019.]
October 7, 2015 Filing 21 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 3/4/2019.]
October 6, 2015 Opinion or Order Filing 20 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 3/4/2019.]
September 9, 2015 Opinion or Order Filing 19 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 3/4/2019.]
September 8, 2015 Opinion or Order Filing 18 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 3/4/2019.]
September 3, 2015 Filing 17 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 3/4/2019.]
September 1, 2015 Opinion or Order Filing 16 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 3/4/2019.]
August 26, 2015 Opinion or Order Filing 15 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 3/4/2019.]
August 7, 2015 Filing 14 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 3/4/2019.]
July 28, 2015 Opinion or Order Filing 13 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 3/4/2019.]
July 20, 2015 Filing 12 AMENDED COMPLAINT against All Defendants, filed by Carol Meyer. (Attachments: #1 Supplement Certificate of Service)(O'Callahan PHV, James) [Transferred from Indiana Northern on 3/4/2019.]
July 17, 2015 Filing 11 NOTICE of Appearance by Erin Linder Hanig on behalf of Biomet Inc, Biomet Orthopedics LLC, Biomet U.S. Reconstruction, LLC (Hanig, Erin) [Transferred from Indiana Northern on 3/4/2019.]
July 17, 2015 Filing 10 NOTICE of Appearance by John D LaDue on behalf of Biomet Inc, Biomet Orthopedics LLC, Biomet U.S. Reconstruction, LLC (LaDue, John) [Transferred from Indiana Northern on 3/4/2019.]
July 17, 2015 Filing 9 Summons Issued as to Biomet Orthopedics LLC, Biomet U.S. Reconstruction, LLC. (Correcting #7 Summons issued which only has summons for Biomet Inc) NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (Attachments: #1 Biomet US Reconstruction summons issued)(jld) [Transferred from Indiana Northern on 3/4/2019.]
July 16, 2015 Opinion or Order Filing 8 ORDER: The court affords the plaintiff twenty days from the date of this order within which to file an amended complaint alleging the existence of diversity jurisdiction under 28 U.S.C. 1332. Signed by Judge Robert L Miller, Jr on 7/16/2015. (dk) [Transferred from Indiana Northern on 3/4/2019.]
July 15, 2015 Filing 7 Summons Issued as to Biomet Inc, Biomet Orthopaedics, LLC, Biomet U.S. Reconstruction, LLC. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (jld) [Transferred from Indiana Northern on 3/4/2019.]
July 15, 2015 Judge Robert L Miller, Jr and Magistrate Judge Christopher A Nuechterlein added. (NEW CASE) (jld) [Transferred from Indiana Northern on 3/4/2019.]
July 14, 2015 Opinion or Order Filing 6 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 3/4/2019.]
July 14, 2015 Filing 5 NOTICE by Carol Meyer Notice of Related Action (O'Callahan PHV, James) [Transferred from Indiana Northern on 3/4/2019.]
July 14, 2015 Filing 4 Proposed Summons filed by Carol Meyer. (O'Callahan PHV, James) [Transferred from Indiana Northern on 3/4/2019.]
July 14, 2015 Filing 3 Proposed Summons filed by Carol Meyer. (O'Callahan PHV, James) [Transferred from Indiana Northern on 3/4/2019.]
July 14, 2015 Filing 2 Proposed Summons filed by Carol Meyer. (O'Callahan PHV, James) [Transferred from Indiana Northern on 3/4/2019.]
July 14, 2015 Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 receipt number 0755-2690932.), filed by Carol Meyer.(O'Callahan PHV, James) [Transferred from Indiana Northern on 3/4/2019.]

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Texas Western District Court's Electronic Court Filings (ECF) System

Search for this case: Meyer v. Biomet Inc et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Biomet Orthopedics, LLC
Represented By: Adrienne Franco Busby
Represented By: J Joseph Tanner
Represented By: John D LaDue
Represented By: Stephanie N Russo
Represented By: Erin Linder Hanig
Represented By: Andrew L Campbell
Represented By: Raymond D. Rushing
Represented By: Heather Campbell Burgess
Represented By: Matthew M. Garrett
Represented By: Tricia Wisenbaker Macaluso
Represented By: Ruben I. Gonzalez
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Biomet U.S. Reconstruction, LLC
Represented By: John D LaDue
Represented By: Erin Linder Hanig
Represented By: Raymond D. Rushing
Represented By: Heather Campbell Burgess
Represented By: Matthew M. Garrett
Represented By: Tricia Wisenbaker Macaluso
Represented By: Ruben I. Gonzalez
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Biomet Inc
Represented By: Adrienne Franco Busby
Represented By: J Joseph Tanner
Represented By: John D LaDue
Represented By: Stephanie N Russo
Represented By: Erin Linder Hanig
Represented By: Andrew L Campbell
Represented By: Raymond D. Rushing
Represented By: Heather Campbell Burgess
Represented By: Matthew M. Garrett
Represented By: Tricia Wisenbaker Macaluso
Represented By: Ruben I. Gonzalez
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Carol Meyer
Represented By: James G O'Callahan PHV
Represented By: David Nathaniel Bigelow
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?