Zuber v. Biomet Inc et al
Plaintiff: Scott Zuber
Defendant: Biomet Orthopedics LLC, Biomet Manufacturing LLC, Biomet Inc and Biomet US Reconstruction LLC
Case Number: 3:2019cv00093
Filed: February 5, 2019
Court: US District Court for the Western District of Wisconsin
Presiding Judge: William M Conley
Referring Judge: Stephen L Crocker
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 March 15, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 15, 2019 Opinion or Order Filing 86 ** TEXT ONLY ORDER ** In light of the parties' notice of settlement (dkt. #85 ), the March 15, 2019 telephonic preliminary pretrial conference is canceled as unnecessary. Signed by Magistrate Judge Stephen L. Crocker on 3/15/2019. (jls)
March 14, 2019 Filing 85 Notice of Settlement by Plaintiff Scott Zuber. (Cady, Stephen)
March 14, 2019 Filing 84 Notice of Appearance filed by Heather Campbell Burgess for Defendants Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet US Reconstruction LLC. (Burgess, Heather)
March 12, 2019 Filing 83 Joint Status Report by Defendants Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet US Reconstruction LLC. (Faught, Catherine)
March 11, 2019 Filing 82 Notice of Appearance filed by Stephen Cady for Plaintiff Scott Zuber. (Cady, Stephen) Modified on 3/12/2019. (lak)
March 11, 2019 Filing 81 Notice of Appearance filed by Raymond D. Rushing for Defendants Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet US Reconstruction LLC. (Rushing, Raymond)
March 11, 2019 Filing 80 Notice of Appearance filed by John Allen Roberts for Defendants Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet US Reconstruction LLC. (Roberts, John)
February 28, 2019 Reset Telephonic Pretrial Conference: Telephonic Pretrial Conference reset to accommodate the court's calendar for 3/15/2019 at 01:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [#Standing Order Governing Preliminary Pretrial Conference attached] (jls)
February 21, 2019 Filing 79 Corporate Disclosure Statement by Defendant Biomet US Reconstruction LLC. (Faught, Catherine)
February 21, 2019 Filing 78 Corporate Disclosure Statement by Defendant Biomet Manufacturing LLC. (Faught, Catherine)
February 21, 2019 Filing 77 Corporate Disclosure Statement by Defendant Biomet Inc., LLC. (Faught, Catherine) Modified on 2/22/2019. (lak)
February 21, 2019 Filing 76 Corporate Disclosure Statement by Defendant Biomet Orthopedics LLC. (Faught, Catherine)
February 21, 2019 Filing 75 Notice of Appearance filed by Catherine A. Faught for Defendants Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet US Reconstruction LLC. (Faught, Catherine)
February 20, 2019 Filing 74 Notice of Appearance as Local Counsel filed by Stephen Jay Eisenberg for Plaintiff Scott Zuber. (Eisenberg, Stephen)
February 6, 2019 Case non-randomly assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. Case related to 19-cv-92-wmc. (voc)
February 6, 2019 Standard attachments for Judge William M. Conley required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (voc)
February 6, 2019 Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 3/12/2019 at 02:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [#Standing Order Governing Preliminary Pretrial Conference attached] (voc)
February 5, 2019 Filing 73 Case transferred in from District of Indiana Northern; Case Number 3:16-cv-00547. Original file certified copy of transfer order and docket sheet received. (lak)
December 12, 2018 Opinion or Order Filing 72 GROUP 2 TRANSFER ORDER AND EXPLANATION TO RECEIVING COURTS transferring case to the Western District of Wisconsin, Madison Division. Signed by Judge Robert L Miller, Jr on 12/12/18. (jld) [Transferred from Indiana Northern on 2/5/2019.]
November 19, 2018 Filing 71 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 2/5/2019.]
November 9, 2018 Opinion or Order Filing 70 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 2/5/2019.]
October 1, 2018 Opinion or Order Filing 69 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 2/5/2019.]
September 24, 2018 Opinion or Order Filing 64 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 2/5/2019.]
September 21, 2018 Opinion or Order Filing 63 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 2/5/2019.]
September 19, 2018 Opinion or Order Filing 62 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 2/5/2019.]
September 19, 2018 Filing 61 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 2/5/2019.]
September 18, 2018 Filing 68 NOTICE of Appearance by Adrienne Franco Busby on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 2/5/2019.]
September 18, 2018 Filing 67 NOTICE of Appearance by Stephanie N Russo on behalf of Biomet Orthopedics, LLC, Biomet, Inc(ksc) [Transferred from Indiana Northern on 2/5/2019.]
September 18, 2018 Filing 66 NOTICE of Appearance by Andrew L Campbell on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 2/5/2019.]
September 18, 2018 Filing 65 NOTICE of Appearance by J Joseph Tanner on behalf of Biomet Inc, Biomet Orthopedics LLC. (ksc) [Transferred from Indiana Northern on 2/5/2019.]
September 12, 2018 Opinion or Order Filing 60 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 2/5/2019.]
September 6, 2018 Opinion or Order Filing 59 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 2/5/2019.]
September 6, 2018 Filing 58 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 2/5/2019.]
August 24, 2018 Opinion or Order Filing 57 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 2/5/2019.]
August 16, 2018 Opinion or Order Filing 56 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 2/5/2019.]
July 26, 2018 Opinion or Order Filing 55 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 2/5/2019.]
July 18, 2018 Filing 54 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 2/5/2019.]
July 12, 2018 Opinion or Order Filing 53 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 2/5/2019.]
May 29, 2018 Filing 52 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 2/5/2019.]
May 17, 2018 Filing 51 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 2/5/2019.]
May 9, 2018 Opinion or Order Filing 50 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 2/5/2019.]
April 23, 2018 Opinion or Order Filing 49 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 2/5/2019.]
April 10, 2018 Opinion or Order Filing 48 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 2/5/2019.]
March 29, 2018 Opinion or Order Filing 47 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 2/5/2019.]
March 26, 2018 Opinion or Order Filing 46 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 2/5/2019.]
March 14, 2018 Opinion or Order Filing 45 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 2/5/2019.]
March 12, 2018 Filing 44 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 2/5/2019.]
February 8, 2018 Opinion or Order Filing 43 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 2/5/2019.]
February 1, 2018 Opinion or Order Filing 42 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 2/5/2019.]
January 30, 2018 Filing 41 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 2/5/2019.]
January 25, 2018 Opinion or Order Filing 40 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 2/5/2019.]
December 21, 2017 Filing 39 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 2/5/2019.]
December 18, 2017 Opinion or Order Filing 38 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 2/5/2019.]
December 12, 2017 Opinion or Order Filing 37 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 2/5/2019.]
October 26, 2017 Filing 36 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 2/5/2019.]
October 23, 2017 Opinion or Order Filing 35 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 2/5/2019.]
August 28, 2017 Opinion or Order Filing 34 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 2/5/2019.]
August 18, 2017 Opinion or Order Filing 33 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 2/5/2019.]
July 14, 2017 Opinion or Order Filing 32 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 2/5/2019.]
July 10, 2017 Opinion or Order Filing 31 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 2/5/2019.]
June 20, 2017 Filing 30 REQUEST for Production of Documents by Scott Zuber.(Moll PHV, Kenneth) [Transferred from Indiana Northern on 2/5/2019.]
June 20, 2017 Filing 29 INTERROGATORIES Propounded to Biomet, et al by Scott Zuber.(Moll PHV, Kenneth) [Transferred from Indiana Northern on 2/5/2019.]
June 15, 2017 Opinion or Order Filing 28 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 2/5/2019.]
June 12, 2017 Filing 27 ANSWER to #1 Complaint by Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet US Reconstruction LLC.(Hanig, Erin) [Transferred from Indiana Northern on 2/5/2019.]
April 28, 2017 Opinion or Order Filing 26 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 2/5/2019.]
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 2/5/2019.]
April 25, 2017 Filing 24 WAIVER OF SERVICE Returned Executed by Scott Zuber. Biomet Inc waiver sent on 4/13/2017, answer due 6/12/2017; Biomet Manufacturing LLC waiver sent on 4/13/2017, answer due 6/12/2017; Biomet Orthopedics LLC waiver sent on 4/13/2017, answer due 6/12/2017; Biomet US Reconstruction LLC waiver sent on 4/13/2017, answer due 6/12/2017. (Moll PHV, Kenneth) [Transferred from Indiana Northern on 2/5/2019.]
April 24, 2017 Filing 25 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 2/5/2019.]
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 2/5/2019.]
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 2/5/2019.]
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 2/5/2019.]
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 2/5/2019.]
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 2/5/2019.]
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 2/5/2019.]
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 2/5/2019.]
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 2/5/2019.]
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 2/5/2019.]
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 2/5/2019.]
October 6, 2016 Opinion or Order Filing 13 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 2/5/2019.]
October 6, 2016 Opinion or Order Filing 12 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 2/5/2019.]
August 31, 2016 Opinion or Order Filing 11 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 2/5/2019.]
August 31, 2016 Opinion or Order Filing 10 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 2/5/2019.]
August 31, 2016 Opinion or Order Filing 9 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 2/5/2019.]
August 31, 2016 Filing 8 NOTICE of Appearance by Erin Linder Hanig on behalf of Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet US Reconstruction LLC (Hanig, Erin) [Transferred from Indiana Northern on 2/5/2019.]
August 31, 2016 Filing 7 NOTICE of Appearance by John D LaDue on behalf of Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet US Reconstruction LLC (LaDue, John) [Transferred from Indiana Northern on 2/5/2019.]
August 29, 2016 Filing 6 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 2/5/2019.]
August 29, 2016 Filing 4 Application for Attorney Kenneth Brian Moll to Appear Pro Hac Vice on behalf of Scott Zuber. (MDL-PHV Temporary Login, ) [Transferred from Indiana Northern on 2/5/2019.]
August 25, 2016 Opinion or Order Filing 3 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 2/5/2019.]
August 24, 2016 Opinion or Order Filing 5 ORDER granting #2 #4 Application to Appear Pro Hac Vice of Attorney Moll on behalf of Scott Zuber. Signed by Judge Robert L Miller, Jr on 08/24/16. (mtr) [Transferred from Indiana Northern on 2/5/2019.]
August 18, 2016 Filing 2 APPLICATION for Attorney Kenneth Moll to Appear Pro Hac Vice on behalf of Scott Zuber. (jld) [Transferred from Indiana Northern on 2/5/2019.]
August 18, 2016 Filing 1 COMPLAINT with Jury Demand against Biomet Inc, Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet US Reconstruction LLC (Filing fee $ 400.) Receipt #3015782, filed by Scott Zuber. (Attachments: #1 Civil Cover Sheet)(jld) [Transferred from Indiana Northern on 2/5/2019.]

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Search for this case: Zuber v. Biomet Inc et al
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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: Erin Linder Hanig
Represented By: Andrew L Campbell
Represented By: John D LaDue
Represented By: John Allen Roberts
Represented By: Heather Campbell Burgess
Represented By: Raymond D. Rushing
Represented By: Catherine A. Faught
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Defendant: Biomet Manufacturing LLC
Represented By: Erin Linder Hanig
Represented By: John D LaDue
Represented By: John Allen Roberts
Represented By: Heather Campbell Burgess
Represented By: Raymond D. Rushing
Represented By: Catherine A. Faught
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Defendant: Biomet Inc
Represented By: Stephanie N Russo
Represented By: Adrienne Franco Busby
Represented By: J Joseph Tanner
Represented By: Erin Linder Hanig
Represented By: Andrew L Campbell
Represented By: John D LaDue
Represented By: John Allen Roberts
Represented By: Heather Campbell Burgess
Represented By: Raymond D. Rushing
Represented By: Catherine A. Faught
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Defendant: Biomet US Reconstruction LLC
Represented By: Erin Linder Hanig
Represented By: John D LaDue
Represented By: John Allen Roberts
Represented By: Heather Campbell Burgess
Represented By: Raymond D. Rushing
Represented By: Catherine A. Faught
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Plaintiff: Scott Zuber
Represented By: Kenneth Brian Moll PHV
Represented By: Stephen Cady
Represented By: Stephen Jay Eisenberg
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