Bausley et al v. Biomet Inc et al
| William I. Bausley and Gwen Bausley |
| Biomet Orthopedics, LLC, Biomet, Inc. and Biomet U.S. Reconstruction, LLC |
| 2:2019cv00702 |
| September 27, 2019 |
| US District Court for the Southern District of West Virginia |
| John T Copenhaver |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 57
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendants Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. (Legg, Erik)
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Filing 56
STATEMENT OF VISITING ATTORNEY for Emily T. Dodane on behalf of Biomet Orthopedics, LLC, Biomet, Inc., Biomet U.S. Reconstruction, LLC. Local counsel: Erik W. Legg. Fee $50.00. Receipt # AWVSDC-7460088. (Legg, Erik)
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Filing 55
STATEMENT OF VISITING ATTORNEY from Matthew T. Albaugh on behalf of Biomet Orthopedics, LLC, Biomet, Inc., Biomet U.S. Reconstruction, LLC. Local counsel: Erik W. Legg. Fee $50.00. Receipt # AWVSDC-7460062. (Legg, Erik)
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Filing 54
NOTICE OF APPEARANCE OF ADDITIONAL COUNSEL by Erik W. Legg on behalf of Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. (Legg, Erik)
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Filing 53
NOTICE OF APPEARANCE OF ADDITIONAL COUNSEL by Joseph H. Saunders on behalf of Gwen Bausley, William I. Bausley. (Saunders, Joseph)
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Filing 52
NOTICE OF APPEARANCE OF ADDITIONAL COUNSEL by Matthew Stonestreet on behalf of Gwen Bausley, William I. Bausley. (Stonestreet, Matthew)
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Filing 51
NOTICE OF APPEARANCE by Troy N. Giatras on behalf of Gwen Bausley, William I. Bausley. (Giatras, Troy)
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Filing 50
STATEMENT OF VISITING ATTORNEY from Joseph H. Saunders on behalf of William I. Bausley, Gwen Bausley. Local counsel: Troy N. Giatras. Fee $50.00. Receipt # AWVSDC-7407022. (Giatras, Troy)
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Filing 49
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)
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Filing 48
CASE TRANSFERRED IN from the Indiana Northern; Case Number 3:18-cv-00402. Original file certified copy of transfer order and docket sheet received.
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CASE assigned to Judge John T. Copenhaver, Jr. (klc)
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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 9/27/2019.]
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Filing 47
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 9/27/2019.]
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Filing 46
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 9/27/2019.]
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Filing 45
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 9/27/2019.]
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Filing 44
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 9/27/2019.]
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Filing 43
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 9/27/2019.]
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Filing 42
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 9/27/2019.]
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Filing 41
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 9/27/2019.]
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Filing 40
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 9/27/2019.]
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Filing 39
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 9/27/2019.]
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Filing 38
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 9/27/2019.]
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Filing 37
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 9/27/2019.]
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Filing 36
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 9/27/2019.]
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Filing 35
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 9/27/2019.]
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Filing 34
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 9/27/2019.]
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Filing 33
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 9/27/2019.]
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Filing 32
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 9/27/2019.]
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Filing 31
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 9/27/2019.]
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Filing 30
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 9/27/2019.]
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Filing 29
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 9/27/2019.]
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Filing 28
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 9/27/2019.]
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Filing 27
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 9/27/2019.]
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Filing 22
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 9/27/2019.]
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Filing 21
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 9/27/2019.]
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Filing 20
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 9/27/2019.]
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Filing 19
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 9/27/2019.]
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Filing 26
NOTICE of Appearance by Adrienne Franco Busby on behalf of Biomet Inc, Biomet Orthopedics LLC.(ksc) [Transferred from Indiana Northern on 9/27/2019.]
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Filing 25
NOTICE of Appearance by Stephanie N Russo on behalf of Biomet Orthopedics, LLC, Biomet, Inc.(ksc) [Transferred from Indiana Northern on 9/27/2019.]
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Filing 24
NOTICE of Appearance by Andrew L Campbell on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 9/27/2019.]
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Filing 23
NOTICE of Appearance by J Joseph Tanner on behalf of Biomet Inc, Biomet Orthopedics LLC.(ksc) [Transferred from Indiana Northern on 9/27/2019.]
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Filing 18
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 9/27/2019.]
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Filing 17
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 9/27/2019.]
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Filing 16
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 9/27/2019.]
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Filing 15
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 9/27/2019.]
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Filing 14
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 9/27/2019.]
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Filing 13
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 9/27/2019.]
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Filing 12
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 9/27/2019.]
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Filing 11
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 9/27/2019.]
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Filing 10
ANSWER to #9 Amended Complaint by Biomet Inc, Biomet Orthopedics LLC, Biomet US Reconstruction LLC.(Hanig, Erin) [Transferred from Indiana Northern on 9/27/2019.]
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Filing 9
AMENDED COMPLAINT against All Defendants, filed by William I Bausley, Gwen Bausley.(Saunders PHV, Joseph) [Transferred from Indiana Northern on 9/27/2019.]
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Filing 8
NOTICE of Appearance by Erin Linder Hanig on behalf of Biomet Inc, Biomet Orthopedics LLC, Biomet US Reconstruction LLC (Hanig, Erin) [Transferred from Indiana Northern on 9/27/2019.]
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Filing 7
NOTICE of Appearance by John D LaDue on behalf of Biomet Inc, Biomet Orthopedics LLC, Biomet US Reconstruction LLC (LaDue, John) [Transferred from Indiana Northern on 9/27/2019.]
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Filing 6
ORDER: The Court affords the plaintiffs 14 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 6/4/18. (jld) [Transferred from Indiana Northern on 9/27/2019.]
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Filing 4
Summons Issued as to Biomet Inc, 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 9/27/2019.]
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Judge Robert L Miller, Jr and Magistrate Judge Michael G Gotsch, Sr added. (NEW CASE) (jld) [Transferred from Indiana Northern on 9/27/2019.]
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Filing 2
NOTICE by Gwen Bausley, William I Bausley re #1 Complaint of Pendency of Other Actions (Saunders PHV, Joseph) [Transferred from Indiana Northern on 9/27/2019.]
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Filing 1
COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 receipt number 0755-3579513.), filed by William I Bausley, Gwen Bausley. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Saunders PHV, Joseph) [Transferred from Indiana Northern on 9/27/2019.]
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Filing 5
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 9/27/2019.]
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