Brady v. Biomet Inc et al
Plaintiff: Elaine Brady
Defendant: Biomet Inc, Biomet Manufacturing, LLC, Biomet U.S. Reconstruction, LLC, Alabama Medical Consultants, Inc., John Cuckler, MD, Zimmer Biomet Holdings, Inc. and Biomet Orthopedics, LLC
Case Number: 1:2020cv00285
Filed: March 18, 2020
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: Both
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Docket Report

This docket was last retrieved on February 5, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 5, 2021 Opinion or Order Filing 80 ORDER CLOSING CASE. Signed by Judge Lee Yeakel. (dm)
February 5, 2021 Opinion or Order Filing 79 ORDER of Dismissal With Prejudice. Signed by Judge Lee Yeakel. (dm)
February 5, 2021 Case No Longer Stayed. (dm)
February 3, 2021 Filing 78 STIPULATION of Dismissal with Prejudice by Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Zimmer Biomet Holdings, Inc.. (Attachments: #1 Proposed Order)(Del Aguila, Paul)
November 17, 2020 Opinion or Order Filing 77 ORDER GRANTING #76 Motion to Extend Stay Pending Participation in Settlement Program. Signed by Judge Lee Yeakel. (dm)
November 16, 2020 Filing 76 Joint MOTION to Extend Stay Pending Participation in Settlement Program re #75 Order on Motion to Stay Case by Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Zimmer Biomet Holdings, Inc.. (Attachments: #1 Proposed Order)(Del Aguila, Paul)
April 2, 2020 Opinion or Order Filing 75 ORDER GRANTING #70 Motion to Stay Case. Signed by Judge Lee Yeakel. (dm)
April 2, 2020 Opinion or Order Filing 74 ORDER GRANTING #71 Motion to Appear Pro Hac Vice as to Brian Franciskato. 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. (dm)
April 1, 2020 Filing 73 CERTIFICATE OF SERVICE by Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Zimmer Biomet Holdings, Inc. (CORRECTED) #70 MOTION to Stay Case Pending Participation in Settlement Program (Del Aguila, Paul)
April 1, 2020 Filing 72 DEFICIENCY NOTICE: re #70 MOTION to Stay Case Pending Participation in Settlement Program (dm)
April 1, 2020 Filing 71 MOTION to Appear Pro Hac Vice by Richard Alan Grigg for Brian Franciskato ( Filing fee $ 100 receipt number 0542-13413123) by on behalf of Elaine Brady. (Attachments: #1 Proposed Order)(Grigg, Richard)
April 1, 2020 Filing 70 MOTION to Stay Case Pending Participation in Settlement Program by Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Zimmer Biomet Holdings, Inc.. (Attachments: #1 Proposed Order)(Del Aguila, Paul)
April 1, 2020 Filing 69 NOTICE of Attorney Appearance by Richard Alan Grigg on behalf of Elaine Brady. Attorney Richard Alan Grigg added to party Elaine Brady(pty:pla) (Grigg, Richard)
March 27, 2020 Opinion or Order Filing 68 ORDER GRANTING #67 Motion to Appear Pro Hac Vice as to Paul Del Aguilar. 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. (dm)
March 25, 2020 Filing 67 MOTION to Appear Pro Hac Vice by Robert A. Blackwell on behalf of Paul A. Del Aguila ( Filing fee $ 100 receipt number 0542-13385477) by on behalf of Alabama Medical Consultants, Inc., Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, John Cuckler, MD, Zimmer Biomet Holdings, Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order)(Blackwell, Robert)
March 18, 2020 Opinion or Order Filing 66 Order Directing Adrienne Franco Busby, Andrew L. Campbell, John D. LaDue, Brian S. Franciskato, Teresa A. Griffin, Erin Linder Hanig, Altom M. Maglio, Stephanie N. Russo, Ilyas Sayeg, Michele S. Stephan, and J. Joseph Tanner to File a Motion to Appear Pro Hac Vice within 14 days. Signed by Judge Lee Yeakel. (cj)
March 18, 2020 Filing 65 Case Transfer and Opening Letter mailed to all Counsel. (cj)
March 18, 2020 Filing 64 Case electronically transferred in from Northern District of Indiana; Case Number 3:18-cv-00672.
March 18, 2020 DEMAND for Trial by Jury by Biomet Inc, Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Elaine Brady, Zimmer Biomet Holdings, Inc.. (cj)
March 18, 2020 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 18, 2020 If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Lane (cj)
March 16, 2020 Opinion or Order Filing 63 FIFTH TRANSFER ORDER AND EXPLANATION TO RECEIVING COURTS Pursuant to the court's prior orders and 28 USC 1404(a), the Clerk of Court is ordered to transfer the cases listed on Exhibit A to the venues designated in the order. Case TRANSFERRED to the Western District of Texas. Signed by Judge Robert L Miller, Jr on 3/16/20. (jld) [Transferred from Indiana Northern on 3/18/2020.]
March 12, 2020 Opinion or Order Filing 62 MEMORANDUM AND ORDER Memorandum regarding additional discovery and management of remaining cases. Signed by Judge Robert L Miller, Jr on 3/12/20. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/18/2020.]
March 9, 2020 Filing 61 STATUS CONFERENCE held on 3/9/2020 before Judge Robert L Miller, Jr. Pla appeared by atty B. Fulmer, N. Ward, M. Kranz, and B. Franciskato in person; J. Saunders, P. Shaw, T. Rockstad, and C. Shakib by phone. Dft appeared by atty J. Winter, E. Hanig, J. Tanner, and T. Griffin in person. The court hears from the parties. Written order to follow. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/18/2020.]
March 6, 2020 Filing 60 RESPONSE by Brian S Franciskato to (3824 in 3:12-md-02391-RLM-MGG) Response/Reply,,,, . Associated Cases: 3:12-md-02391-RLM-MGG et al.(Franciskato PHV, Brian) [Transferred from Indiana Northern on 3/18/2020.]
March 5, 2020 Opinion or Order Filing 59 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the status conference on March 9, 2020 at 1:00 p.m. (EDT). Signed by Judge Robert L Miller, Jr on 3/5/20. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/18/2020.]
March 3, 2020 Filing 58 NOTICE of Appearance by Teresa A Griffin on behalf of Biomet Inc, Biomet Manufacturing Corp, Biomet Orthopedics LLC, Biomet US Reconstruction LLC, Biomet Orthopedics, LLC, Biomet US Reconstruction, LLC, Biomet, Inc., Biomet Manufacturing, Inc., Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc., Biomet U.S. Reconstruction LLC, Biomet Orthopedics Inc, Biomet Manufacturing, LLC, John Cuckler, MD, Zimmer Biomet Holdings, Inc., Biomet Fair Lawn LLC, Biomet LLC, Biomet Manufacturing LLC, Biomet US Reconstruction LLC, Biomet U.S. Reconstruction, LLC, Biomet US Reconstruction LLC, Biomet, Inc, Biomet Manufacturing LLC, Zimmer Biomet Holdings Inc, Alabama Medical Consultants, Inc., Biomet US Reconstruction LLC, Zimmer US Inc, Biomet Manufacturing Inc, Biomet U.S. Reconstruction LLC Associated Cases: 3:12-md-02391-RLM-MGG et al.(Griffin, Teresa) [Transferred from Indiana Northern on 3/18/2020.]
February 7, 2020 Opinion or Order Filing 57 ORDER The March 9, 2020 scheduling conference is converted from a telephonic to an in person hearing. Biomet to file a list of all federal post-remand/transfer cases in which non-case-specific discovery has been allowed over Biomet's opposition and a list of any pending member cases that the court would have jurisdiction to try by February 28, 2020. Signed by Judge Robert L Miller, Jr on 2/7/20. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/18/2020.]
January 24, 2020 Filing 56 NOTICE OF HEARING Telephonic Status Conference is RESET for 3/9/2020 at 1:00 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr.. This is a text only entry.Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/18/2020.]
January 21, 2020 Opinion or Order Filing 55 ORDER : On the court's own motion, the telephonic status conference on January 22, 2020 is VACATED and will be reset by separate order. Text-only order by Judge Robert L Miller, Jr on 1/21/2020. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 3/18/2020.]
January 16, 2020 Opinion or Order Filing 54 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the telephonic status conference on January 22, 2020 at 1:00 p.m. (EST). Signed by Judge Robert L Miller, Jr on 1/16/20. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/18/2020.]
November 12, 2019 Filing 53 TELEPHONIC STATUS CONFERENCE held on 11/12/2019 before Judge Robert L Miller, Jr. Pla appeared by atty B. Fulmer and A. Diab. Dft appeared by atty J. Winter and E. Hanig. The Court hears from parties. The next Telephonic Status Conference is set for 1/22/2020 at 1:00 PM (EST) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/18/2020.]
November 8, 2019 Opinion or Order Filing 52 ORDER CONCERNING NOVEMBER 12, 2019 TELEPHONIC STATUS CONFERENCE : This matter is set for a telephonic status conference on November 12, 2019 at 1:00 p.m. (EST). The conference number is 720-903-7875, and the conference code is 3131-532#. Please call the line fifteen (15) minutes before the call begins, and identify everyone on the call to the operator. No recording of the status conferences is allowed. Attendees have no speaking parts unless authorized in advance by the court. Signed by Judge Robert L Miller, Jr on 11/8/19. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 3/18/2020.]
November 7, 2019 Filing 51 NOTICE: The November 12, 2019 status conference will be conducted by telephone. Plaintiffs' Lead Counsel to make arrangements for the call. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 3/18/2020.]
September 24, 2019 NOTICE: On the court's own motion, Status Conference set for 10/7/19 is RESET to 11/12/2019 01:00 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 3/18/2020.]
August 8, 2019 Filing 50 STATUS CONFERENCE held on 8/8/2019 before Judge Robert L Miller, Jr. Pla appeared by atty Navan Ward. Dft appeared by attys John Winter and Erin Hanig. Topics discussed included the status of discovery in Groups 8A and 8B, remand and transfer of Group 7 cases, and disposition of settled cases. Next status conference set for Monday, October 7, 2019 at 1:00 p.m. (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/18/2020.]
August 7, 2019 Opinion or Order Filing 49 OPINION AND ORDER : Plaintiffs Executive Committees motion to modify future remand/transfer orders [Doc. No. 3767 ] is DENIED. Signed by Judge Robert L Miller, Jr on 8/7/19. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 3/18/2020.]
August 6, 2019 Opinion or Order Filing 48 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the status conference on August 8, 2019 at 9:30 a.m. (EST).. Signed by Judge Robert L Miller, Jr on 8/6/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/18/2020.]
July 2, 2019 Opinion or Order Filing 47 AMENDED REMAND/TRANSFER SCHEDULE FOR DISCOVERY GROUPS 7 AND 8 This order sets forth the remand and/or transfer deadlines to applicable to Discovery Groups 7, 8A and B. Signed by Judge Robert L Miller, Jr on 7/2/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/18/2020.]
June 26, 2019 Opinion or Order Filing 46 REMAND/TRANSFER SHCEDULE FOR DISCOVERY GROUPS 7 AND 8 This order sets forth the remand and/or transfer deadlines applicable to Discovery Groups 7, 8A, and 8B. Signed by Judge Robert L Miller, Jr on 6/26/2019. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/18/2020.]
June 25, 2019 Opinion or Order Filing 45 ORDER : The status conference previously scheduled for July 18, 2019 is now RESET for Thursday, August 8, 2019, at 9:30 a.m. (E.D.T.) in US District Court - South Bend before Judge Robert L Miller Jr. Signed by Judge Robert L Miller, Jr on 6/25/19. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 3/18/2020.]
May 14, 2019 Opinion or Order Filing 44 ORDER The court DENIES the plaintiffs' motion for an extension of time to file an amended complaint and DISMISSES the fraud and misrepresentation claims with prejudice in accordance with the March 7, 2019 opinion and order. Signed by Judge Robert L Miller, Jr on 5/14/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/18/2020.]
May 9, 2019 Opinion or Order Filing 43 MEMORANDUM AND ORDER FOR MAY 9, 2019 STATUS CONFERENCE : Summary of topics discussed and action taken. Next status conference set for July 18, 2019 at 1:30 p.m. (EDT). Signed by Judge Robert L Miller, Jr on 5/9/19. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 3/18/2020.]
May 9, 2019 Filing 42 STATUS CONFERENCE held on 5/9/2019 before Judge Robert L Miller, Jr. Pla appeared by atty B. Fulmer. Dft appeared by attys E. Hanig, J. Winter. The court hears from the parties. Next Status Conference set for 7/18/2019 01:30 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Written memorandum to follow. (Court Reporter T. Gallucci.) Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 3/18/2020.]
May 7, 2019 Opinion or Order Filing 41 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the status conference on May 9, 2019 at 1:30 p.m. (EST).. Signed by Judge Robert L Miller, Jr on 5/7/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/18/2020.]
April 8, 2019 Filing 40 RESPONSE to Motion re #38 MOTION for Extension of Time to Amend #12 Amended Complaint filed by Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet U.S. Reconstruction LLC, Zimmer Biomet Holdings Inc. (Hanig, Erin) [Transferred from Indiana Northern on 3/18/2020.]
March 25, 2019 Filing 39 MEMORANDUM in Support of #38 MOTION for Extension of Time to Amend #12 Amended Complaint filed by Elaine Brady. (Attachments: #1 Exhibit)(Franciskato PHV, Brian) [Transferred from Indiana Northern on 3/18/2020.]
March 25, 2019 Filing 38 MOTION for Extension of Time to Amend #12 Amended Complaint by Plaintiff Elaine Brady. (Franciskato PHV, Brian) [Transferred from Indiana Northern on 3/18/2020.]
March 11, 2019 Opinion or Order Filing 37 ORDER ACTIVATING DISCOVERY GROUP 8A Identifies cases to be included in Discovery Group 8A for purposes of case-specific discovery and related deadlines. Signed by Judge Robert L Miller, Jr on 3/11/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) Modified on 3/12/2019 to correct Group number (jld). [Transferred from Indiana Northern on 3/18/2020.]
March 7, 2019 Opinion or Order Filing 36 OPINION AND ORDER: GRANTING #21 MOTION to Dismiss Plaintiff's Fraud and Misrepresentation Claims filed by Zimmer Biomet Holdings Inc, Biomet Orthopedics LLC, Biomet U.S. Reconstruction LLC, Biomet Inc, Biomet Manufacturing LLC; GRANTING #19 MOTION to Dismiss by the Cuckler defendants. Counts 1, 2, 3, 8, 10 of the plaintiff's complaint are DISMISSED. Defendants Alabama Medical Consultants Inc and John Cuckler, MD dismissed for lack of personal jurisdiction. Plaintiff may amend the fraud and misrepresentation claims in their complaint, if they so wish, by 3/27/2019. Signed by Judge Robert L Miller, Jr on 3/7/19. (jld) [Transferred from Indiana Northern on 3/18/2020.]
March 4, 2019 Opinion or Order Filing 35 MEMORANDUM AND ORDER FOR MARCH 4, 2019 STATUS CONFERENCE Summary of topics discussed and action taken. Next status conference set for May 9, 2019 at 1:30 p.m. (EDT). Signed by Judge Robert L Miller, Jr on 3/4/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/18/2020.]
March 4, 2019 Filing 34 STATUS CONFERENCE held on 3/4/2019 before Judge Robert L Miller, Jr. Pla appeared by atty B. Fulmer, N. Ward. Dft appeared by atty E. Hanig, J. Winter. The Court hears from parties. The next Status Conference is set for 5/9/2019 at 1:30 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Written memorandum to follow. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/18/2020.]
February 27, 2019 Opinion or Order Filing 33 ORDER CONCERNING REMOTE ATTENDANCE AT STATUS CONFERENCE Call-in information for the Status Conference to be held on 3/4/2019 at 1:30 PM (EDT). Signed by Judge Robert L Miller, Jr on 2/27/19. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 3/18/2020.]
January 10, 2019 Opinion or Order Filing 32 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 3/18/2020.]
January 10, 2019 Filing 31 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 3/18/2020.]
January 7, 2019 Opinion or Order Filing 30 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 3/18/2020.]
November 20, 2018 Filing 29 REPLY to Response to Motion re #19 MOTION to Dismiss filed by Alabama Medical Consultants, Inc., John Cuckler, MD. (Hanig, Erin) [Transferred from Indiana Northern on 3/18/2020.]
November 19, 2018 Filing 28 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 3/18/2020.]
November 19, 2018 Filing 27 REPLY to Response to Motion re #21 MOTION to Dismiss Plaintiff's Fraud and Misrepresentation Claims filed by Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet U.S. Reconstruction LLC, Zimmer Biomet Holdings Inc. (Hanig, Erin) [Transferred from Indiana Northern on 3/18/2020.]
November 13, 2018 Filing 26 RESPONSE to Motion re #19 MOTION to Dismiss filed by Elaine Brady. (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Exhibit B)(Franciskato PHV, Brian) [Transferred from Indiana Northern on 3/18/2020.]
November 12, 2018 Filing 25 RESPONSE to Motion re #21 MOTION to Dismiss Plaintiff's Fraud and Misrepresentation Claims filed by Elaine Brady. (Attachments: #1 Exhibit Exhbit A- Amended Complaint)(Franciskato PHV, Brian) [Transferred from Indiana Northern on 3/18/2020.]
November 12, 2018 Filing 24 NOTICE of Appearance by Brian S Franciskato PHV on behalf of Elaine Brady (Franciskato PHV, Brian) [Transferred from Indiana Northern on 3/18/2020.]
November 9, 2018 Opinion or Order Filing 23 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 3/18/2020.]
October 30, 2018 Filing 22 BRIEF in Support of #21 MOTION to Dismiss Plaintiff's Fraud and Misrepresentation Claims filed by Zimmer Biomet Holdings Inc, Biomet U.S. Reconstruction LLC, Biomet Orthopedics LLC, Biomet Inc, Biomet Manufacturing LLC. (Hanig, Erin) [Transferred from Indiana Northern on 3/18/2020.]
October 30, 2018 Filing 21 MOTION to Dismiss Plaintiff's Fraud and Misrepresentation Claims by Defendants Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet U.S. Reconstruction LLC, Zimmer Biomet Holdings Inc. (Hanig, Erin) [Transferred from Indiana Northern on 3/18/2020.]
October 30, 2018 Filing 20 MEMORANDUM in Support of #19 MOTION to Dismiss filed by Alabama Medical Consultants, Inc., John Cuckler, MD. (Attachments: #1 Exhibit A)(Hanig, Erin) [Transferred from Indiana Northern on 3/18/2020.]
October 30, 2018 Filing 19 MOTION to Dismiss by Defendants Alabama Medical Consultants, Inc., John Cuckler, MD. (Hanig, Erin) [Transferred from Indiana Northern on 3/18/2020.]
October 30, 2018 Filing 18 ANSWER to #12 Amended Complaint by Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet U.S. Reconstruction LLC, Zimmer Biomet Holdings Inc.(Hanig, Erin) [Transferred from Indiana Northern on 3/18/2020.]
October 1, 2018 Opinion or Order Filing 17 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 3/18/2020.]
September 27, 2018 Filing 12 AMENDED COMPLAINT against All Defendants, filed by Elaine Brady.(Sayeg PHV, Ilyas) [Transferred from Indiana Northern on 3/18/2020.]
September 24, 2018 Opinion or Order Filing 11 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 3/18/2020.]
September 21, 2018 Opinion or Order Filing 10 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 3/18/2020.]
September 19, 2018 Opinion or Order Filing 9 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 3/18/2020.]
September 19, 2018 Filing 8 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 3/18/2020.]
September 18, 2018 Filing 16 NOTICE of Appearance by Adrienne Franco Busby on behalf of Biomet Inc, Biomet Orthopedics LLC.(ksc) [Transferred from Indiana Northern on 3/18/2020.]
September 18, 2018 Filing 15 NOTICE of Appearance by Stephanie N Russo on behalf of Biomet Orthopedics, LLC, Biomet, Inc.(ksc) [Transferred from Indiana Northern on 3/18/2020.]
September 18, 2018 Filing 14 NOTICE of Appearance by Andrew L Campbell on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 3/18/2020.]
September 18, 2018 Filing 13 NOTICE of Appearance by J Joseph Tanner on behalf of Biomet Inc, Biomet Orthopedics LLC.(ksc) [Transferred from Indiana Northern on 3/18/2020.]
September 17, 2018 Opinion or Order Filing 7 ORDER: The court affords the plaintiffs 28 days from the date of this order within which to file an amended complaint properly alleging jurisdiction. Signed by Judge Robert L Miller, Jr on 9/17/18. (jld) [Transferred from Indiana Northern on 3/18/2020.]
September 12, 2018 Opinion or Order Filing 6 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 3/18/2020.]
September 6, 2018 Opinion or Order Filing 5 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 3/18/2020.]
September 6, 2018 Filing 4 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 3/18/2020.]
September 5, 2018 Filing 3 NOTICE of Appearance by John D LaDue on behalf of Alabama Medical Consultants, Inc., Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet U.S. Reconstruction LLC, John Cuckler, MD, Zimmer Biomet Holdings Inc (LaDue, John) [Transferred from Indiana Northern on 3/18/2020.]
September 5, 2018 Filing 2 NOTICE of Appearance by Erin Linder Hanig on behalf of Alabama Medical Consultants, Inc., Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet U.S. Reconstruction LLC, John Cuckler, MD, Zimmer Biomet Holdings Inc (Hanig, Erin) [Transferred from Indiana Northern on 3/18/2020.]
August 31, 2018 Judge Robert L Miller, Jr and Magistrate Judge Michael G Gotsch, Sr added. (NEW CASE)(jld) [Transferred from Indiana Northern on 3/18/2020.]
August 30, 2018 Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 receipt number 0755-3666128.), filed by Elaine Brady. (Attachments: #1 Civil Cover Sheet)(Sayeg PHV, Ilyas) [Transferred from Indiana Northern on 3/18/2020.] (Attachment 1 replaced and flattened on 3/18/2020) (cj).

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Search for this case: Brady v. Biomet Inc et al
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Defendant: Biomet Inc
Represented By: Stephanie N Russo
Represented By: Adrienne Franco Busby
Represented By: J Joseph Tanner
Represented By: Teresa A Griffin
Represented By: Erin Linder Hanig
Represented By: Andrew L Campbell
Represented By: John D LaDue
Represented By: Paul A. Del Aguila
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Defendant: Biomet Manufacturing, LLC
Represented By: Teresa A Griffin
Represented By: Erin Linder Hanig
Represented By: John D LaDue
Represented By: Paul A. Del Aguila
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Defendant: Biomet U.S. Reconstruction, LLC
Represented By: Teresa A Griffin
Represented By: Erin Linder Hanig
Represented By: John D LaDue
Represented By: Paul A. Del Aguila
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Defendant: Alabama Medical Consultants, Inc.
Represented By: John D LaDue
Represented By: Erin Linder Hanig
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Defendant: John Cuckler, MD
Represented By: John D LaDue
Represented By: Erin Linder Hanig
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Defendant: Zimmer Biomet Holdings, Inc.
Represented By: Teresa A Griffin
Represented By: Erin Linder Hanig
Represented By: John D LaDue
Represented By: Paul A. Del Aguila
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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: Teresa A Griffin
Represented By: Erin Linder Hanig
Represented By: Andrew L Campbell
Represented By: John D LaDue
Represented By: Paul A. Del Aguila
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Plaintiff: Elaine Brady
Represented By: Altom M Maglio
Represented By: Michele S Stephan
Represented By: Brian S Franciskato
Represented By: Ilyas Sayeg
Represented By: Richard Alan Grigg
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