Walters et al v. Biomet Orthopedics LLC et al
Plaintiff: Eula Walters and Gary Walters
Defendant: Biomet US Reconstruction LLC, Biomet Manufacturing Corp, Biomet Inc and Biomet Orthopedics, LLC
Case Number: 3:2019cv00158
Filed: September 23, 2019
Court: US District Court for the Northern District of West Virginia
Presiding Judge: Gina M Groh
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on November 19, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 19, 2019 Filing 80 Corporate Disclosure Statement by Biomet Inc. (Legg, Erik)
November 19, 2019 Filing 79 Corporate Disclosure Statement by Biomet Manufacturing Corp. (Legg, Erik)
November 19, 2019 Filing 78 Corporate Disclosure Statement by Biomet US Reconstruction LLC. (Legg, Erik)
November 19, 2019 Filing 77 Corporate Disclosure Statement by Biomet Orthopedics, LLC. (Legg, Erik)
November 15, 2019 Opinion or Order Filing 76 ORDER GRANTING PRO HAC VICE ADMISSION as to Emily T. Dodane. Signed by Chief Judge Gina M. Groh on 11/15/2019. (tlg)
November 15, 2019 Opinion or Order Filing 75 ORDER GRANTING PRO HAC VICE ADMISSION as to Matthew T. Albaugh. Signed by Chief Judge Gina M. Groh on 11/15/2019. (tlg)
November 14, 2019 Filing 74 Pro hac vice filing fee: $ 400.00, receipt number WVNM001594 (tlg)
November 14, 2019 Filing 73 MOTION for Leave to Appear Pro Hac Vice Emily T. Dodane by Biomet Inc, Biomet Manufacturing Corp, Biomet Orthopedics, LLC, Biomet US Reconstruction LLC. (Legg, Erik)
November 14, 2019 Filing 72 MOTION for Leave to Appear Pro Hac Vice Matthew T. Albaugh by Biomet Inc, Biomet Manufacturing Corp, Biomet Orthopedics, LLC, Biomet US Reconstruction LLC. (Legg, Erik)
November 13, 2019 Opinion or Order Filing 71 AMENDED SCHEDULING ORDER. Signed by Chief Judge Gina M. Groh on 11/13/2019. (tlg)
November 1, 2019 Opinion or Order Filing 70 SCHEDULING ORDER. Signed by Chief Judge Gina M. Groh on 11/1/2019. (tlg)
October 30, 2019 Filing 69 Proposed Joint Scheduling Order by Biomet Inc, Biomet Manufacturing Corp, Biomet Orthopedics, LLC, Biomet US Reconstruction LLC. (Legg, Erik)
October 29, 2019 Filing 68 NOTICE of Appearance by Erik W. Legg on behalf of All Defendants (Legg, Erik)
October 2, 2019 Opinion or Order Filing 67 ORDER DIRECTING SUBMISSION OF PROPOSED SCHEDULING ORDER. Signed by Chief Judge Gina M. Groh on 10/2/2019. (tlg)
September 23, 2019 Filing 66 VERIFICATION OF ATTORNEY ADMISSION. (tlg)
September 23, 2019 Filing 65 Case transferred in from District of Indiana Northern; Case Number 3:17-cv-00607. (tlg)
September 18, 2019 Opinion or Order Filing 64 FOURTH TRANSFER ORDER AND EXPLANATION TO RECEIVING COURTS . Signed by Judge Robert L Miller, Jr on 9/18/19. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 9/23/2019.]
August 21, 2019 Filing 63 NOTICE by Biomet Manufacturing LLC of Second Amended Joint Proposed Discovery Group 7 Remand Case List (Attachments: #1 Exhibit A)Associated Cases: 3:12-md-02391-RLM-MGG et al.(Hanig, Erin) [Transferred from Indiana Northern on 9/23/2019.]
August 8, 2019 Filing 62 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 9/23/2019.]
August 7, 2019 Opinion or Order Filing 61 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 9/23/2019.]
August 6, 2019 Opinion or Order Filing 60 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 9/23/2019.]
July 2, 2019 Opinion or Order Filing 59 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 9/23/2019.]
June 26, 2019 Opinion or Order Filing 58 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 9/23/2019.]
June 25, 2019 Opinion or Order Filing 57 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 9/23/2019.]
May 9, 2019 Opinion or Order Filing 56 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 9/23/2019.]
May 9, 2019 Filing 55 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 9/23/2019.]
May 7, 2019 Opinion or Order Filing 54 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 9/23/2019.]
March 4, 2019 Opinion or Order Filing 53 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 9/23/2019.]
March 4, 2019 Filing 52 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 9/23/2019.]
February 27, 2019 Opinion or Order Filing 51 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 9/23/2019.]
January 10, 2019 Opinion or Order Filing 50 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 9/23/2019.]
January 10, 2019 Filing 49 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 9/23/2019.]
January 7, 2019 Opinion or Order Filing 48 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 9/23/2019.]
November 19, 2018 Filing 47 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 9/23/2019.]
November 14, 2018 Opinion or Order Filing 46 ORDER ACTIVATING DISCOVERY GROUP 7 Identifies cases to be included in Group 7 for purposes of case-specific discovery and related deadlines. Completed and updated medical records authorizations to be provided to Biomet by 12/14/2018. Case-specific Discovery deadline is 7/12/2019. The parties are directed to confer and file a report within 90 days of the date of this order regarding management of all remaining cases. Signed by Judge Robert L Miller, Jr on 11-14-18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 9/23/2019.]
November 9, 2018 Opinion or Order Filing 45 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 9/23/2019.]
October 1, 2018 Opinion or Order Filing 44 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 9/23/2019.]
September 24, 2018 Opinion or Order Filing 39 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 9/23/2019.]
September 21, 2018 Opinion or Order Filing 38 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 9/23/2019.]
September 19, 2018 Opinion or Order Filing 37 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 9/23/2019.]
September 19, 2018 Filing 36 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 9/23/2019.]
September 18, 2018 Filing 43 NOTICE of Appearance by Adrienne Franco Busby on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 9/23/2019.]
September 18, 2018 Filing 42 NOTICE of Appearance by Stephanie N Russo on behalf of Biomet Orthopedics, LLC, Biomet, Inc.(ksc) [Transferred from Indiana Northern on 9/23/2019.]
September 18, 2018 Filing 41 NOTICE of Appearance by Andrew L Campbell on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 9/23/2019.]
September 18, 2018 Filing 40 NOTICE of Appearance by J Joseph Tanner on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 9/23/2019.]
September 12, 2018 Opinion or Order Filing 35 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 9/23/2019.]
September 6, 2018 Opinion or Order Filing 34 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 9/23/2019.]
September 6, 2018 Filing 33 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 9/23/2019.]
August 24, 2018 Opinion or Order Filing 32 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 9/23/2019.]
August 16, 2018 Opinion or Order Filing 31 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 9/23/2019.]
July 26, 2018 Opinion or Order Filing 30 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 9/23/2019.]
July 18, 2018 Filing 29 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 9/23/2019.]
July 12, 2018 Opinion or Order Filing 28 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 9/23/2019.]
May 29, 2018 Filing 27 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 9/23/2019.]
May 17, 2018 Filing 26 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 9/23/2019.]
May 9, 2018 Opinion or Order Filing 25 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 9/23/2019.]
April 23, 2018 Opinion or Order Filing 24 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 9/23/2019.]
April 10, 2018 Opinion or Order Filing 23 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 9/23/2019.]
March 29, 2018 Opinion or Order Filing 22 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 9/23/2019.]
March 26, 2018 Opinion or Order Filing 21 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 9/23/2019.]
March 14, 2018 Opinion or Order Filing 20 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 9/23/2019.]
March 12, 2018 Filing 19 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 9/23/2019.]
February 8, 2018 Opinion or Order Filing 18 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 9/23/2019.]
February 1, 2018 Opinion or Order Filing 17 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 9/23/2019.]
January 30, 2018 Filing 16 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 9/23/2019.]
January 25, 2018 Opinion or Order Filing 15 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 9/23/2019.]
December 21, 2017 Filing 14 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 9/23/2019.]
December 18, 2017 Opinion or Order Filing 13 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 9/23/2019.]
December 12, 2017 Opinion or Order Filing 12 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 9/23/2019.]
December 5, 2017 Filing 11 ANSWER to #1 Complaint, by Biomet Inc, Biomet Manufacturing Corp, Biomet Orthopedics LLC, Biomet US Reconstruction LLC.(Hanig, Erin) [Transferred from Indiana Northern on 9/23/2019.]
October 26, 2017 Filing 10 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 9/23/2019.]
October 26, 2017 Filing 9 WAIVER OF SERVICE Returned Executed by Eula Walters, Gary Walters. Biomet Inc waiver sent on 10/6/2017, answer due 12/5/2017; Biomet Manufacturing Corp waiver sent on 10/6/2017, answer due 12/5/2017; Biomet Orthopedics LLC waiver sent on 10/6/2017, answer due 12/5/2017; Biomet US Reconstruction LLC waiver sent on 10/6/2017, answer due 12/5/2017. (Burke PHV, Daniel) [Transferred from Indiana Northern on 9/23/2019.]
October 23, 2017 Opinion or Order Filing 8 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 9/23/2019.]
August 28, 2017 Opinion or Order Filing 7 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 9/23/2019.]
August 28, 2017 Filing 6 NOTICE of Appearance by John D LaDue on behalf of Biomet Inc, Biomet Manufacturing Corp, Biomet Orthopedics LLC, Biomet US Reconstruction LLC (LaDue, John) [Transferred from Indiana Northern on 9/23/2019.]
August 28, 2017 Filing 5 NOTICE of Appearance by Erin Linder Hanig on behalf of Biomet Inc, Biomet Manufacturing Corp, Biomet Orthopedics LLC, Biomet US Reconstruction LLC (Hanig, Erin) [Transferred from Indiana Northern on 9/23/2019.]
August 18, 2017 Opinion or Order Filing 4 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 9/23/2019.]
August 10, 2017 Filing 3 Summons Issued as to Biomet Inc, Biomet Manufacturing Corp, Biomet Orthopedics LLC, Biomet US 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 9/23/2019.]
August 10, 2017 Judge Robert L Miller, Jr and Magistrate Judge Michael G Gotsch, Sr added. (NEW CASE) (jld) [Transferred from Indiana Northern on 9/23/2019.]
August 9, 2017 Filing 2 NOTICE by Eula Walters, Gary Walters re #1 Complaint, pursuant to Local Rule 40-1(d) (Burke PHV, Daniel) [Transferred from Indiana Northern on 9/23/2019.]
August 9, 2017 Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 receipt number 0755-3323050.), filed by Eula Walters, Gary Walters. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons as to Biomet Orthopedics, LLC, #3 Proposed Summons as to Biomet US Reconstruction, LLC, #4 Proposed Summons as to Biomet Manufacturing Corp., #5 Proposed Summons as to Biomet, Inc.)(Burke PHV, Daniel) [Transferred from Indiana Northern on 9/23/2019.]

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Search for this case: Walters et al v. Biomet Orthopedics LLC et al
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Plaintiff: Eula Walters
Represented By: Daniel C Burke PHV
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Plaintiff: Gary Walters
Represented By: Daniel C Burke PHV
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Defendant: Biomet US Reconstruction LLC
Represented By: John D LaDue
Represented By: Erin Linder Hanig
Represented By: Emily T. Dodane
Represented By: Matthew T. Albaugh
Represented By: Erik W. Legg
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Defendant: Biomet Manufacturing Corp
Represented By: John D LaDue
Represented By: Erin Linder Hanig
Represented By: Emily T. Dodane
Represented By: Matthew T. Albaugh
Represented By: Erik W. Legg
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Defendant: Biomet Inc
Represented By: Stephanie N Russo
Represented By: Adrienne Franco Busby
Represented By: J Joseph Tanner
Represented By: John D LaDue
Represented By: Erin Linder Hanig
Represented By: Andrew L Campbell
Represented By: Emily T. Dodane
Represented By: Matthew T. Albaugh
Represented By: Erik W. Legg
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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: John D LaDue
Represented By: Erin Linder Hanig
Represented By: Andrew L Campbell
Represented By: Emily T. Dodane
Represented By: Matthew T. Albaugh
Represented By: Erik W. Legg
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