Garnes et al v. Biomet Orthopedics, LLC et al
Plaintiff: Clifford Garnes and Sandra E. Garnes
Defendant: Biomet, Inc., Biomet Manufacturing Corp., Biomet U.S. Reconstruction, LLC and Biomet Orthopedics, LLC
Case Number: 2:2018cv01520
Filed: December 17, 2018
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Joseph R Goodwin
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 27, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 18, 2019 Filing 80 CERTIFICATE OF SERVICE by Biomet Manufacturing Corp., Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. for First Set of Interrogatories, First Set of Requests for Admission, and First Set of Requests for Production of Documents and Things to Plaintiff. (Lockhart, T.)
January 17, 2019 Opinion or Order Filing 79 SCHEDULING ORDER: Directing this case shall proceed as follows: Discovery requests to be completed by 3/4/2019, deposition deadline and close of discovery by 4/18/2019. Expert Witness List by parties bearing the burden of proof due by 2/18/2019, by party not bearing burden of proof due by 3/19/2019, and to solely contradict or rebut evidence due by 4/4/2019. Dispositive Motions except those filed under Rule 12(b) due by 5/8/2019 with responses due by 5/22/2019 and replies due by 5/29/2019. Hearing on Motions for Summary Judgment set for 6/27/2019 10:00 AM in Charleston before Judge Joseph R. Goodwin. Settlement Meeting and Mediation to be held by 7/9/2019. Motions in Limine to be filed by 7/16/2019, with responses due by 7/23/2019. Plaintiffs' portion of proposed Pretrial Order to defendants due by 7/15/2019, Proposed Integrated Pretrial Order due by 7/22/2019. Pretrial Conference set for 7/29/2019 10:00 AM in Charleston before Judge Joseph R. Goodwin. Proposed jury instructions due by 8/12/2019. Final Settlement Conference at 9:00 AM on 8/19/2019 in Charleston. Trial set for 8/20/2019 at 8:30 AM in Charleston before Judge Joseph R. Goodwin. Signed by Judge Joseph R. Goodwin on 1/17/2019. (cc: counsel of record; any unrepresented parties) (ts)
January 17, 2019 Filing 78 STATUS CONFERENCE held by Judge Joseph R. Goodwin on 1/17/2019; Court Reporter: Kimberly Kaufman. (rac)
January 17, 2019 Filing 77 STATEMENT OF VISITING ATTORNEY of Alex C. Davis on behalf of Sandra E. Garnes. Local counsel: Matthew Stonestreet. Fee $50.00. Receipt # AWVSDC-7028223. (Attachment: #1 Exhibit Certificate of Good Standing)(Davis, Alex)
January 16, 2019 Filing 76 NOTICE OF ATTORNEY APPEARANCE by Matthew Stonestreet on behalf of Clifford Garnes, Sandra E. Garnes. (Stonestreet, Matthew)
January 16, 2019 Filing 75 NOTICE OF ATTORNEY APPEARANCE by Troy N. Giatras on behalf of Clifford Garnes, Sandra E. Garnes. (Giatras, Troy)
January 11, 2019 Filing 74 STATEMENT OF VISITING ATTORNEY from Erica K. Drew on behalf of Biomet U.S. Reconstruction, LLC, Biomet, Inc., Biomet Orthopedics, LLC, Biomet Manufacturing Corp. Local counsel: T. Matthew Lockhart. Fee $50.00. Receipt # AWVSDC-7022282. (Lockhart, T.)
January 11, 2019 Filing 73 STATEMENT OF VISITING ATTORNEY from Matthew T. Albaugh on behalf of Biomet U.S. Reconstruction, LLC, Biomet, Inc., Biomet Orthopedics, LLC, Biomet Manufacturing Corp. Local counsel: T. Matthew Lockhart. Fee $50.00. Receipt # AWVSDC-7022273. (Lockhart, T.)
January 11, 2019 Filing 72 NOTICE OF ATTORNEY APPEARANCE by T. Matthew Lockhart on behalf of Biomet Manufacturing Corp., Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. (Lockhart, T.)
December 20, 2018 Opinion or Order Filing 71 ORDER status conference set for 1/17/2019 at 1:30 p.m. in Charleston before Judge Joseph R. Goodwin; lead counsel and any unrepresented parties to appear fully prepared to discuss all aspects of the case; individuals with full authority to settle the case to be present in person. Signed by Judge Joseph R. Goodwin on 12/20/2018. (cc: counsel of record; any unrepresented party) (taq)
December 17, 2018 CASE assigned to Judge Joseph R. Goodwin. (ts)
December 17, 2018 Filing 70 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Tinsley. (cc: attys; any unrepresented party) (ts)
December 17, 2018 Filing 69 CASE TRANSFERRED IN from the Indiana Northern; Case Number 3:16-cv-00521. Original file certified copy of transfer order and docket sheet received.
December 12, 2018 Opinion or Order Filing 68 GROUP 2 TRANSFER ORDER AND EXPLANATION TO RECEIVING COURTS transferring case to the Southern District of West Virginia. Signed by Judge Robert L Miller, Jr on 12/12/18. (jld) [Transferred from Indiana Northern on 12/17/2018.]
November 19, 2018 Filing 67 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 12/17/2018.]
November 9, 2018 Opinion or Order Filing 66 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 12/17/2018.]
October 1, 2018 Opinion or Order Filing 65 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 12/17/2018.]
September 24, 2018 Opinion or Order Filing 60 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 12/17/2018.]
September 21, 2018 Opinion or Order Filing 59 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 12/17/2018.]
September 19, 2018 Opinion or Order Filing 58 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 12/17/2018.]
September 19, 2018 Filing 57 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 12/17/2018.]
September 18, 2018 Filing 64 NOTICE of Appearance by Adrienne Franco Busby on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 12/17/2018.]
September 18, 2018 Filing 63 NOTICE of Appearance by Stephanie N Russo on behalf of Biomet Orthopedics, LLC, Biomet, Inc(ksc) [Transferred from Indiana Northern on 12/17/2018.]
September 18, 2018 Filing 62 NOTICE of Appearance by Andrew L Campbell on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 12/17/2018.]
September 18, 2018 Filing 61 NOTICE of Appearance by J Joseph Tanner on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 12/17/2018.]
September 12, 2018 Opinion or Order Filing 56 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 12/17/2018.]
September 6, 2018 Opinion or Order Filing 55 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 12/17/2018.]
September 6, 2018 Filing 54 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 12/17/2018.]
August 24, 2018 Opinion or Order Filing 53 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 12/17/2018.]
August 16, 2018 Opinion or Order Filing 52 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 12/17/2018.]
July 26, 2018 Opinion or Order Filing 51 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 12/17/2018.]
July 18, 2018 Filing 50 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 12/17/2018.]
July 12, 2018 Opinion or Order Filing 49 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 12/17/2018.]
May 29, 2018 Filing 48 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 12/17/2018.]
May 17, 2018 Filing 47 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 12/17/2018.]
May 9, 2018 Opinion or Order Filing 46 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 12/17/2018.]
April 23, 2018 Opinion or Order Filing 45 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 12/17/2018.]
April 10, 2018 Opinion or Order Filing 44 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 12/17/2018.]
March 29, 2018 Opinion or Order Filing 43 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 12/17/2018.]
March 26, 2018 Opinion or Order Filing 42 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 12/17/2018.]
March 14, 2018 Opinion or Order Filing 41 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 12/17/2018.]
March 12, 2018 Filing 40 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 12/17/2018.]
February 8, 2018 Opinion or Order Filing 39 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 12/17/2018.]
February 1, 2018 Opinion or Order Filing 38 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 12/17/2018.]
January 30, 2018 Filing 37 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 12/17/2018.]
January 25, 2018 Opinion or Order Filing 36 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 12/17/2018.]
December 21, 2017 Filing 35 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 12/17/2018.]
December 18, 2017 Opinion or Order Filing 34 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 12/17/2018.]
December 12, 2017 Opinion or Order Filing 33 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 12/17/2018.]
October 26, 2017 Filing 32 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 12/17/2018.]
October 23, 2017 Opinion or Order Filing 31 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 12/17/2018.]
August 28, 2017 Opinion or Order Filing 30 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 12/17/2018.]
August 18, 2017 Opinion or Order Filing 29 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 12/17/2018.]
July 14, 2017 Opinion or Order Filing 28 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 12/17/2018.]
July 10, 2017 Opinion or Order Filing 27 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 12/17/2018.]
June 15, 2017 Opinion or Order Filing 26 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 12/17/2018.]
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 12/17/2018.]
April 28, 2017 Opinion or Order Filing 25 MEMORANDUM AND ORDER FOR APRIL 24, 2017 PRO SE HEARING AND STATUS CONFERENCE Brenda Fulmer appeared for the plaintiffs; John Winter, John LaDue, and Erin Linder Hanig appeared for the defendants. Topics addressed included the pro se and Metal-on-Polyethylene (MoP) cases, active case count, status of discovery in Groups 3 and 4, and pending motions with actions taken in specific case as set forth in the Order. The next status conference is set for 7/13/2017 at 9:30 am (EDT). Signed by Judge Robert L Miller, Jr on 4/28/17. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 12/17/2018.]
April 24, 2017 Filing 24 STATUS CONFERENCE held on 4/24/2017 before Judge Robert L Miller, Jr. Plas appeared by atty Brenda Fulmer. Dfts appeared by atty John Winter, John LaDue, and Erin Hanig. Roland Jarquio appears on behalf of Nabileh & Ramon Jarquio (3:13cv933). The Court hears from parties. A Status Conference is set for 7/13/2017 at 9:30 AM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Written order to follow.(Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 12/17/2018.]
April 21, 2017 Opinion or Order Filing 23 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 12/17/2018.]
March 28, 2017 Filing 22 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 12/17/2018.]
March 23, 2017 Opinion or Order Filing 21 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 12/17/2018.]
February 23, 2017 Opinion or Order Filing 20 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 12/17/2018.]
December 15, 2016 Opinion or Order Filing 19 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 12/17/2018.]
November 28, 2016 Opinion or Order Filing 18 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 12/17/2018.]
November 28, 2016 Filing 17 NOTICE of Change of Address/Contact Information Associated Cases: 3:12-md-02391-RLM-MGG et al.(Hanig, Erin) [Transferred from Indiana Northern on 12/17/2018.]
November 15, 2016 Opinion or Order Filing 16 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 12/17/2018.]
November 7, 2016 Filing 15 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 12/17/2018.]
October 28, 2016 Opinion or Order Filing 14 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 12/17/2018.]
October 7, 2016 Filing 13 ANSWER to #1 Complaint by Biomet Inc, Biomet Manufacturing Corp, Biomet Orthopedics LLC, Biomet US Reconstruction LLC.(Hanig, Erin) [Transferred from Indiana Northern on 12/17/2018.]
October 6, 2016 Opinion or Order Filing 12 ORDER The Plaintiffs' Steering Committee and Biomet are invited to provide a brief explanation for its recommendation regarding the cases to be included in Group 3. The ruling on the joint request to activate Group 3 is DEFERRED until 10/28/2016. Signed by Judge Robert L Miller, Jr on 10/6/16. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 12/17/2018.]
October 6, 2016 Opinion or Order Filing 11 ORDER The court will DEFER ruling on the Plaintiffs Steering Committee's Motion to Appoint a Second Escrow Agent and Fee Committee ( 3225 in 3:12md2391) until 10/27/2016 to afford the individual plaintiffs time to respond or object to the motion. Signed by Judge Robert L Miller, Jr on 10/6/2016. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 12/17/2018.]
September 9, 2016 Magistrate Judge Michael G Gotsch, Sr added. Magistrate Judge Christopher A Nuechterlein no longer assigned to case. (mlf) [Transferred from Indiana Northern on 12/17/2018.]
August 31, 2016 Opinion or Order Filing 10 ORDER Plaintiffs' Steering Committee to submit proposed order re: appointment of Escrow Agent by Sep 23, 2016. Signed by Judge Robert L Miller, Jr on 8/31/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 12/17/2018.]
August 31, 2016 Opinion or Order Filing 9 ORDER Parties shall have until Sep 23, 2016 to confer, identify for the court which, if any, of the cases listed in Exhibit A should be designated as active and unsettled, and submit a proposal regarding disposition of the remaining cases. Signed by Judge Robert L Miller, Jr on 8/31/16. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 12/17/2018.]
August 31, 2016 Opinion or Order Filing 8 MEMORANDUM AND ORDER FOR AUGUST 29, 2016 STATUS CONFERENCE Summary of topics discussed. Parties to submit proposed list of cases to be included in Group 3 for case-specific discovery purposes. PSCII to submit alternative to Lone Pine order in pro se cases within 30 days; Biomet's response due 30 days after receipt. Parties to confer and submit proposed second show cause order. Ruling on Biomet's request to issue state court coordination letter 3172 deferred. Next status conference set for November 7, 2016 at 1:30 p.m. (E.S.T.). Signed by Judge Robert L Miller, Jr on 8/31/2016. Associated Cases: 3:12-md-02391-RLM-CAN et al.(jld) [Transferred from Indiana Northern on 12/17/2018.]
August 29, 2016 Filing 7 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 12/17/2018.]
August 25, 2016 Opinion or Order Filing 6 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 12/17/2018.]
August 17, 2016 Opinion or Order Filing 5 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 12/17/2018.]
August 15, 2016 Filing 4 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 12/17/2018.]
August 15, 2016 Filing 3 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 12/17/2018.]
August 10, 2016 Filing 2 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 12/17/2018.]
August 9, 2016 Judge Robert L Miller, Jr and Magistrate Judge Christopher A Nuechterlein added. (NEW CASE) (jld) [Transferred from Indiana Northern on 12/17/2018.]
August 8, 2016 Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 receipt number 0755-3012013.), filed by Sandra E Garnes, Clifford Garnes. (Attachments: #1 Civil Cover Sheet)(Davis PHV, Alexander) [Transferred from Indiana Northern on 12/17/2018.]

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Search for this case: Garnes et al v. Biomet Orthopedics, LLC et al
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Defendant: Biomet, Inc.
Represented By: Adrienne Franco Busby
Represented By: J Joseph Tanner
Represented By: Erin Linder Hanig
Represented By: Stephanie N. Russo
Represented By: Andrew L Campbell
Represented By: John D LaDue
Represented By: Erica Kay Drew
Represented By: T. Matthew Lockhart
Represented By: Matthew T. Albaugh
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Defendant: Biomet Manufacturing Corp.
Represented By: Erin Linder Hanig
Represented By: John D LaDue
Represented By: Erica Kay Drew
Represented By: T. Matthew Lockhart
Represented By: Matthew T. Albaugh
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Defendant: Biomet U.S. Reconstruction, LLC
Represented By: Erin Linder Hanig
Represented By: John D LaDue
Represented By: Erica Kay Drew
Represented By: T. Matthew Lockhart
Represented By: Matthew T. Albaugh
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Defendant: Biomet Orthopedics, LLC
Represented By: Adrienne Franco Busby
Represented By: J Joseph Tanner
Represented By: Erin Linder Hanig
Represented By: Stephanie N. Russo
Represented By: Andrew L Campbell
Represented By: John D LaDue
Represented By: Erica Kay Drew
Represented By: T. Matthew Lockhart
Represented By: Matthew T. Albaugh
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Plaintiff: Clifford Garnes
Represented By: Jasper D. Ward
Represented By: Alex C. Davis
Represented By: Matthew Stonestreet
Represented By: Troy N. Giatras
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Plaintiff: Sandra E. Garnes
Represented By: Jasper D. Ward
Represented By: Alex C. Davis
Represented By: Matthew Stonestreet
Represented By: Troy N. Giatras
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