Brady v. Biomet Inc et al
Elaine Brady |
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 |
1:2020cv00285 |
March 18, 2020 |
US District Court for the Western District of Texas |
Lee Yeakel |
Personal Inj. Prod. Liability |
28 U.S.C. § 1332 |
Both |
Docket Report
This docket was last retrieved on February 5, 2021. A more recent docket listing may be available from PACER.
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Case No Longer Stayed. (dm) |
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) |
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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) |
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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) |
Filing 72 DEFICIENCY NOTICE: re #70 MOTION to Stay Case Pending Participation in Settlement Program (dm) |
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) |
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) |
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) |
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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) |
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Filing 65 Case Transfer and Opening Letter mailed to all Counsel. (cj) |
Filing 64 Case electronically transferred in from Northern District of Indiana; Case Number 3:18-cv-00672. |
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) |
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) |
If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Lane (cj) |
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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.] |
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.] |
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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.] |
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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.] |
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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.] |
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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.] |
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.] |
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.] |
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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.] |
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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.] |
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.] |
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.] |
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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.] |
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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.] |
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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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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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.] |
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.] |
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.] |
Filing 19 MOTION to Dismiss by Defendants Alabama Medical Consultants, Inc., John Cuckler, MD. (Hanig, Erin) [Transferred from Indiana Northern on 3/18/2020.] |
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.] |
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Filing 12 AMENDED COMPLAINT against All Defendants, filed by Elaine Brady.(Sayeg PHV, Ilyas) [Transferred from Indiana Northern on 3/18/2020.] |
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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.] |
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.] |
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.] |
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.] |
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.] |
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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.] |
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.] |
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.] |
Judge Robert L Miller, Jr and Magistrate Judge Michael G Gotsch, Sr added. (NEW CASE)(jld) [Transferred from Indiana Northern on 3/18/2020.] |
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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