MDL 2391 In Re: Biomet M2A Magnum Hip Implant Products Liability Litigation
	Master Docket Number: 3:12-md-2391 Presiding Judge: Robert L. Miller, Jr. Chambers: (574) 246-8080 Description: The cases in this litigation primarily involve alleged defects in Biomet’s M2a Magnum system   of hip implant products. Plaintiffs’ claims focus upon the metal-on-metal design of the M2a Magnum system and the alleged propensity of the M2a Magnum devices to generate high levels of metal ions, cause metallosis in the surrounding tissue, and/or fail early. Plaintiffs' Lead Co-Counsel: Thomas R. Anapol Anapol Schwantz 1710 Spruce Street Philadelphia, PA 19103 (215) 735-1130 Fax: (215) 875-7707 Email: tanapol@anapolschwartz.com W. Mark Lanier The Lanier Law Firm, PC 6810 FM 1960 West Houston, TX 77069 (713) 659-5200 Fax: (713) 659-2204 Email: jan.manning@lanierlawfirm.com Plaintiffs' Liaison Counsel: Robert T. Dassow and Frederick R. Hovde Hovde Dassow & Deets, LLC 201 W. 103rd Street, Suite 500 Indianapolis, IN 46290 (317) 818-3100 Fax: (317) 818-3111 Email: rdassow@hovdelaw.com Email: rhovde@hovdelaw.com Defendants' Lead Counsel: John D Winter Patterson Belknap Webb & Tyler LLP 1133 Avenue of the Americas New York, NY 10036-6710 (212) 336-2836 Fax: (212) 336-2222 Email: jwinter@pbwt.com Defendants' Liaison Counsel: John D. LaDue and Erin Linder Hanig LaDue Curran & Kuehn LLC 200 First Bank Bldg 205 W Jefferson Blvd South Bend, IN 46601 (574) 968-0760 Fax: (574) 968-0761 Email: jladue@lck-law.com Email: ehanig@lck-law.com Jenya Moshkovich Patterson Belknap Webb & Tyler LLP 1133 Avenue of the Americas New York, NY 10036-6710 (212) 336-2881 Fax: (212) 336-2222 Email: jmoshkovich@pbwt.com Orders Pertaining to MDL 2391 Date Order Description 10/2/2012 Transfer Order Initial Transfer Order from Judicial Panel on Multidistrict Litigation. 10/12/2012 Pretrial Order 1 Case Management Conference set for 11/16/12 at 1:00 pm (EST) at the Robert A. Grant Federal Building and Courthouse, South Bend, Indiana. Written submissions by Interim Liaison Counsel due 11/9/12; Applications for plaintiffs' steering committee due 11/13/12, with any objections to be filed by 11/20/12. 11/16/2012 Memo of First Case Mgmt Conf Pro Hac Vice requirements modified for admission in MDL 2391 and member cases. Deadline for answers in member cases transferred prior to November 16, 2012 extended to January 14, 2013. Telephonic case management conference set for January 7, 2013 at 1 pm (EST). 11/16/2012 Plaintiffs' Proposed Counsel Organizational Structure Proposal and applications for plaintiffs' permanent Lead and Liaison Counsel, Executive Committee,and Steering Committee 11/16/2012 MDL Application for Pro Hac Vice Admission & CM/ECF Registration PTO No. 1 amended to require attorneys to complete an MDL Application for Pro Hac Vice Admission and CM/ECF Registration form, if they are appointed as part of the organizational structure in 3:12md2391 or are seeking to make a post-transfer appearance in a member case. The form is also available on-line at http://www.innd.uscourts.gov. 12/5/2012 Organizational Structure Order Identifies the attorneys appointed as Plaintiffs' Lead Counsel, Executive Committee, Steering Committee, and Liaison Counsel and their respective duties and responsibilities, and designates Defendants' Lead and Liaison Counsel. All appointments shall be for a period of one year, at the conclusion of which appointees must seek reappointment. Requested modifications will be addressed at the telephonic case management conference on January 7, 2013 at 1 pm (EST). 12/18/2012 Order Concerning Second Case Mgmt Conf Lead counsel to confer and submit a proposed agenda and case management order by Jan 4, 2013. 1/9/2013 Memo of Jan 7, 2013 Case Mgmt Conf Review of proposed pretrial orders and summary of discussion. Parties to confer and submit proposed agreed orders covering discovery and production of electronically stored information, the protection of confidential and privileged information, and case management deadlines before the next conference. Case Management Conference scheduled for 2/4/13 at 1:00 p.m. (E.S.T.). 2/8/2013 Memo of Feb 4, 2013 Case Mgmt Conf Review of proposed revisions to pretrial orders and summary of discussion. Proposed modifications to Plaintiff Fact Sheet due 2/14/13. Court will revise proposed preservation order and circulate for consideration at next conference. Parties to confer and submit proposed order regarding all discovery related dates and deadlines by 3/18/13. Next case management conference scheduled for 3/18/13 at 1:00 p.m. (E.D.T.). 2/11/2013 Gen Order 2013-4 Re: Assignment of Related Cases General Order assigning all products liability cases filed in the Northern District of Indiana relating to the Biomet M2a Magnum Hip Implant to Hon. Robert Miller, Jr., and transferring those cases to 3:12-md-2391 for consolidated pretrial proceedings. 2/15/2013 Case Management Order Procedures relating to transfer and coordination, service of complaints, filing directly in the Northern District of Indiana, Electronic Case Filings (ECF), electronically stored information, discovery, privileged and confidential information, severance, motions to remand, and communications with the court and among the parties. The following orders and forms are attached to, and incorporated in, the Case Management Order: (1) the Seventh Circuit's Standing Order Relating to the Discovery of Electronically Stored Information (Exh. A); (2) Stipulated Order Regarding Production Format of Electronically Stored Information (Exh. B); (3) Stipulated Protective Order of Confidentiality and Endorsement of Protective Order (Exh. C); (4) Limited Authorization to Disclose Health Information (Exh. E); and (5) Defendants Fact Sheet (Exh. F). The court is reviewing proposed modifications to the Plaintiff Fact Sheet (PFS), and will add the approved PFS to the Case Management Order as Exhibit D at a later date. 3/7/2013 Explant Preservation Order Directives relating to the preservation of Explanted M2a Devices. 3/8/2013 Biomet's Retrieval Analysis Protocol Exhibit A to the Explant Preservation Order [Doc. No. 279]. 3/20/2013 Memo of Mar 18, 2013 Case Mgmt Conf Review of proposed protocols for production of electronically stored information, proposed modifications to the Plaintiff Fact Sheet, pending motions, and procedural issues regarding venue in cases filed directly in the ND Ind, severance, and case duplication. The Court REFERRED the parties to Secs. III and XII of the CMO [242] regarding Venue Statements and severance of cases involving multiple unrelated plaintiffs; DIRECTED the parties to file written submissions regarding proposed protocols for production of electronically stored information by April 1, 2013, and to supplement their briefs on the pending motions to remand and to dismiss by April 22, 2013; GRANTED the defendants' oral motion to withdraw their pending motions to transfer; DIRECTED defendants' liaison counsel to prepare and submit an agreed revised Plaintiff Fact Sheet for the court's approval; and SCHEDULED the next case management conference for 4/22/13 at 9:30 a.m. (E.D.T.). 3/25/2013 Plaintiff Fact Sheet Exhibit D to the 2/15/13 Case Management Order [Doc. No. 242] 3/27/2013 Supplemental PFS Order Schedule for serving Plaintiff Fact Sheets, Responsive Documents, and Limited Authorizations. 3/25/2013 Limited Authorization to Disclose Health Information Exhibit E to the 2/15/13 Case Management Order [Doc. No. 242], incorporated by reference in the Plaintiff Fact Sheet [Doc. No. 320]. 4/18/2013 Order Re: Discovery of ESI Directives relating to the discovery of Electronically Stored Information. 4/19/2013 Order Re: Remote Attendance at Case Mgmt Conf Call in information for 4/22/13 Case Management Conference. 4/22/2013 Severance Order Order severing the unrelated plaintiffs in 3:12cv448, 3:12cv643, 3:12cv647 and 3:12cv719, pursuant to Sec. XII of the Case Mgmt Order [Doc. No. 242]. 4/25/2013 Memo of Apr 22, 2013 Case Mgmt Conf Following discussion, the court took the parties' positions regarding Rule 30(b)(6)depositions under advisement; deemed the answers filed in 3:12cv448, 3:12cv643, 3:12cv647, and 3:12cv719 applicable to any new case filed in accordance with the 4/22/13 severance order [Doc. No.400]; modified the MDL pro hac vice procedures; and set the next case management conference, motions hearing, and tutorial on scientific and technical issues for 6/17/13 at 9:30 a.m. (E.D.T.). 5/14/2013 Stipulation of Dismissal of Improper Defendants All "John Doe" defendants and Biomet corporate entities other than Biomet, Inc., Biomet Orthopedics, LLC, Biomet Manufacturing Corporation, and Biomet U.S. Reconstruction, LLC are dismissed without prejudice from each of the PSC member cases, by stipulation of the parties [Doc.No. 444].