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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:

Navan Ward, Jr.
Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.
218 Commerce Street
Montgomery, AL 36103-4160
(334) 269-2343
Fax: (334) 954-7555
Email: Navan.Ward@BeasleyAllen.com

Brenda Fulmer
Searcy, Denney, Scarola, Barnhart & Shipley, PA
2139 Palm Beach Lakes Blvd.
West Palm Beach, FL 33409-6601
(561) 686-6300
Fax: (561) 383-9498
Email: BSF@searcylaw.com
 

Plaintiffs' Liaison Counsel:

Ahmed Diab
Gomez Trial Attorneys
655 W. Broadway, Suite 1700
San Diego, CA 92101
(619) 237-3490
Fax: (619) 237-3496
Email: adiab@gomeztrialattorneys.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
Defendant's Liaison Counsel:

John D. LaDue and Erin Linder Hanig
LaDue Curran & Kuehn LLC
100 E. Wayne Street, Suite 300
South Bend, IN 46601
(574) 968-0760
Fax: (574) 968-0761
Email:  jladue@lck-law.com
Email:  ehanig@lck-law.com

 

Upcoming Proceedings:  
April 24, 2017 at 1:30 p.m. (EDT) Hearing Re: Pro Se Cases
April 24, 2017 (following pro se hrg) Status Conference

 

Date Order Description
3/28/2017 Transcript of Mar 28, 2017 Tele Status Conference The original and subsequent copies of the certified transcript are available from the Court Reporter, debra_bonk@innd.uscourts.gov.
3/28/2017 Report - March 28 Tele Status Conf 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. (Minute Entry Only).
3/23/2017 Remote Attendance Order for March 28, 2017 Telephonic Status Conference Call-in information for the March 28, 2017 telephonic status conference at 1:30 p.m. (E.D.T.).
2/23/2017 Order Resetting Status Conference The February 27, 2017 telephonic status conference is RESET for March 28, 2017 at 1:30 p.m. (E.D.T.). [Doc. No. 3295].
1/31/2017 Dismissal Order Pursuant to Fed. R. Civ. P. 41(b), the cases listed on the attached order are dismissed without prejudice for failure to comply with the court's order requiring pro se plaintiffs to submit a Declaration of Intent by Jan. 13, 2017.
12/15/2016 Order Regarding Metal-On-Polyethylene Cases Plaintiffs in the five remaining metal-on-polyethylene cases (see Exhibit 1) must submit an Expert Declaration of Causation (Exhibit 2) by March 29, 2017.  Failure to comply will result in dismissal.
12/15/2016 Transcript of Dec 15, 2016 Telephonic Status Conference The original and subsequent copies of the certified transcript are available from the Court Reporter, debra_bonk@innd.uscourts.gov.   [Doc. No. 3271]
12/15/2016 Memo and Order for Dec 15, 2016 Telephonic Status Conference Summary of topics discussed and action taken.  Next status conference set for February 27, 2017 at 9:30 a.m. (E.S.T.).
12/14/2016 Order Regarding Pro Se Cases Order explaining what pro se plaintiffs (plaintiffs who are representing themselves, without an attorney) must do to prosecute their case and avoid dismissal. All pro se plaintiffs must submit a Declaration of Intent (Exhibit B) by January 13, 2017, and must either submit an Expert Declaration of Causation (Exhibit C) completed and signed by an orthopedic surgeon by April 17, 2017 or attend a hearing in person on April 24, 2017 at 1:30 p.m. (E.D.T.), in South Bend, Indiana.  Failure to comply will result in dismissal.  [Doc. No. 3270]
12/9/2016 Remote Attendance Order for Dec 15, 2016 Status Conference Call-in information for the December 15, 2016 telephonic status conference at 9:00 a.m. (E.S.T.).  [Doc. No. 3265]
12/9/2016 Dismissal Order No objection having been filed to the second order to show cause, the cases listed on attached Exhibit 1 are dismissed with prejudice. [Doc. No. 3264]
12/9/2016 Order re: State Court Coordination Defendants' request for a state court coordination letter [Doc. No. 3172] is GRANTED, without objection. 
11/28/2016 Group 3 Activation Order Identifies cases to be included in Group 3 for purposes of case-specific discovery and related deadlines. [Doc. No. 3261].
11/28/2016 Memo and Order for Nov 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.).  [Doc. No. 3260]
11/21/2016 Joint Notice Re: Nov 15, 2016 Proposed Orders Parties' joint response to proposed orders re: management of pro se cases and state court coordination [Doc. No. 3258].
11/15/2016 Order Re: Group 3, Mgmt of Pro Se Cases, and State Court Coordination Counsel for PSCII and Biomet to confer and submit any objections to proposed orders by Nov 23, 2016.  [Doc. No. 3255]
11/13/2016 Transcript of Nov 7, 2016 Status Conference The original and subsequent copies of the certified transcript are available from the Court Reporter, debra_bonk@innd.uscourts.gov.  [Doc. No. 3253].
11/3/2016 Remote Attendance Order for Nov 7, 2016 Status Conference Call-in information for the November 7, 2016 status conference at 1:30 p.m. (E.D.T.).
11/2/2016 Transcript of Aug 29, 2016 Status Conference The original and subsequent copies of the certified transcript are available from the Court Reporter, debra_bonk@innd.uscourts.gov.  [Doc. No. 3247].
10/28/2016 Appointment of Second Escrow Agent and Fee Committee Order granting PSCII's unopposed Motion to Appoint a Second Escrow Agent and Fee Committee [Doc. No. 3225].
10/18/2016 Second Show Cause Order Plaintiffs' Steering Committee and Biomet have submitted a joint list of cases that have been settled and are fully funded (see attached).  The court, accordingly, affords the plaintiffs listed 30 days from the date of the order to show cause why their case should not be dismissed with prejudice.  [Doc. No. 3236].
10/6/2016 Order Deferring Ruling on Joint Request to Activate Group 3 The court defers ruling on the joint request to activate Group 3 [Doc. No. 3227] until October 28, 2016, and directs PSCII and Biomet to provide a brief explanation for their recommendation regarding the cases to be included in Group 3.  [Doc. No. 3234].
10/6/2016 Order Deferring Ruling on Mot to Appt Second Escrow Agent and Fee Comm The court defers ruling on PSCII's motion to appoint a second escrow agent and fee committee [Doc. No. 3225] until October 27, 2016 to afford the individual plaintiffs time to respond or object to the motion.  [Doc. No. 3233].
8/31/2016 Order Re: Escrow Agent for Common Benefit Funds Plaintiffs Steering Committee to submit proposed order re: appointment of Escrow Agent by Sep 23, 2016.
8/31/2106 Order Re: Designation of Cases 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.
8/31/2016 Memo and Order for Aug 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 [Doc. No. 3172] deferred.  Next status conference set for November 7, 2016 at 1:30 p.m. (E.S.T.).
8/25/2016 Remote Attendance Order for August 29, 2016 Telephonic Status Conference Call-in information for August 29, 2016 telephonic status conference at 11:00 a.m. (E.D.T.). [Doc. No. 3206]
8/17/2016 Referral Order The referral to Magistrate Judge Nuechterlein is VACATED, and this case is REFERRED to Magistrate Judge Michael Gotsch for pretrial matters.
8/16/2016 Order Extending Briefing Deadlines in Spolitation Cases The Joint Stipulation to Extend Motion for Summary Judgment Briefing Deadlines [Doc. No. 3202] is GRANTED.  Summary judgment motions in the spoliation bellwether cases shall be served by September 26, 2016; responses shall be served by October 26, 2016; and Biomet shall file the motions, responses, and replies with the court by November 7, 2016.  (Modifies Dec 21, 2015 Scheduling Order [Doc. No. 3047]).
8/16/2016 Transcript of Aug 10, 2016 Discovery Hearing The original and subsequent copies of the certified transcript are available from the Court Reporter, debra_bonk@innd.uscourts.gov.  [Doc. No. 3203].
8/10/2016 Order re: PSC2's request to extend the deadline for custodial depostions TELEPHONIC HEARING on PSC's request to extend custodial depositions deadline was held on 8/10/2016 before Judge Robert L Miller, Jr.  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. (minute entry only)
8/5/2016 Order re: chain of custody depositions in spoliation cases Order granting the parties joint motion to extend the deadline for completion of chain of custody depositions in spoliation bellwether cases to September 12, 2016.  [Doc. No.  3200]
8/4/2016 Remote Attendance Order for August 10, 2016 Hearing Call-in information for August 10, 2016 hearing  at 1:30 p.m. (E.D.T.).  [Doc. No. 3199]
7/28/2016 Aug 29, 2016 TSC Time Change Order resetting the August 29, 2016 telephonic status conference for 11:00 a.m. (E.D.T.). This is a time change only.  [Doc. No. 3195]
 7/28/2016 Order Vacating July 28 Telephonic Hrg The parties have advised the court that there are no discovery-related disputes.  Accordingly, the July 28, 2016 telephonic hearing is VACATED. [Doc. No. 3194]
7/18/2016 Memo and Order re: July 14, 2016 Status Conference Summary of topics discussed. Telephonic hearings on any discovery-related issues tentatively set for July 28, 2016 at 2:00 p.m. (EDT) and August 10, 2016 at 1:30 p.m. (EDT) (the hearings will be vacated unless the parties notify the court at least 48 hours in advance that a hearing is necessary and identify what the issues will be). Next telephonic status conference set for August 29, 2016 at 11:30 a.m. (EDT).  [Doc. No. 3186]
7/15/2016 Transcript of July 14, 2016 Status Conference The original and subsequent copies of the certified transcript are available from the Court Reporter, debra_bonk@innd.uscourts.gov.
7/11/2016 Dismissal Order No response having been received to the May 26 show cause order in the cases listed in Exh. 1 (attached to this order), those cases are dismissed with prejudice.  Clerk to withhold entry of judgment for 21 days to provide sufficient notice and opportunity to seek reconsideration, if appropriate.
7/7/2016 Remote Attendance Order for July 14, 2016 Telephonic Status Conference Call-in information for July 14, 2016 telephonic status conference at 1:30 p.m. (E.D.T.).  [Doc. No. 3175]
6/30/2016 Spoliation Bellwether Cases Order identifying the 10 cases selected as spoliation bellwethers, pursuant to Paragraph 4(C) of the Dec 21, 2015 Scheduling Order.  [Doc. No. 3173-1]
6/24/2016 Status Report Order PSCII and counsel for the Biomet defendants are directed to confer and file a brief status report by July 13, 2016 regarding the 25 cases listed in the order. [Doc. No. 3164]
6/24/2016 Order Vacating June 27 Hrg Neither party having identified a discovery-related issue requiring a hearing, the June 27, 2016 hearing date is VACATED.  [Doc. No. 3163]
6/10/2016 Memo and Order re: June 6, 2016 Status Conference Summary of topics discussed. By agreement of the parties, the May 31, 2016 order identifying the cases in Group 2 [Doc. No. 3150] is amended (revised list attached).  Hearing on any discovery-related issues tentatively set for June 27, 2016 at 1:30 (will be vacated unless the parties notify the court by June 23 that the hearing is necessary and what the issues will be).  Next telephonic status conference set for July 14, 2016 at 1:30 p.m. (E.D.T.). [Doc. No. 3160]
6/8/2016 Transcript of June 6, 2016 Status Conference The original and subsequent copies of the certified transcript are available from the Court Reporter, debra_bonk@innd.uscourts.gov.
6/6/2016 Order Amending Exh A to Show Cause Order Biomet's motion to amend the May 26 show cause order [Doc. No. 3157] is GRANTED. The order is vacated as to 3:14cv737  Holmes v. Biomet Inc et al and 14cv1505 DeJesus v. Orthodynamics, Inc et al and Exhibit A  is amended to remove those cases. [Doc. No. 3158]
6/3/2016 Remote Attendance ORder for June 6, 2016 Status Conference Call-in information for June 6, 2016 status conference at 1:30 p.m. (E.D.T.).
5/31/2016 Group 2 Activation Order Identifies cases to be included in Group 2 for purposes of case-specific discovery. [Doc. No. 3150]
5/26/2016 Order to Show Cause The plaintiffs listed on Exhibit A to the order to show cause shall have 30 days from the date of the order to show cause why their individual case should not be dismissed with prejudice [Doc. No. 3149] (as amended, see [Doc. No. 3158])
5/19/2016 Order re: May 23, 2016 Hearing By agreement of the parties, the May 23, 2016 telephonic hearing is vacated. [Doc. No. 3135] 
5/11/2016 Order re: May 12, 2016 Hearing By agreement of the parties, the May 12, 2016 telephonic hearing is vacated. [Doc. No. 3134]
4/28/2016 Transcript of Apr 25, 2016 Status Conference Printable copies are available from the Court Reporter, Debra_Bonk@innd.uscourts.gov. [Doc. No. 3125]
4/26/2016 Memo and Order re: April 25, 2016 Status Conference Summary of topics discussed. Defendants to submit proposed order re: dismissal of remaining settled/funded cases. Telephonic hearings set for May 12, 2016 at 9:00 am (EDT) and May 23, 2016 at 1:00 pm (EDT) to address discovery related issues, if needed.  Next status conference set for June 6, 2016 at 1:30 pm (EDT). [Doc. No. 3124]
4/22/2016 Remote Attendance Order for Apr 25, 2016 Status Conference Call-in information for April 25, 2016 status conference at 1:30 p.m. (E.D.T.).
4/7/2016 Order Vacating Apr 26 Hearing By agreement of the parties, the April 26, 2016 hearing on discovery issues is vacated. 
3/31/2016 Transcript of March 31, 2016 Telephonic Hearing Re: Depositions Printable copies are available from the Court Reporter, Debra_Bonk@innd.uscourts.gov.  [Doc. No. 3110]
3/28/2016 Memo Concerning Parties' Discovery Disputes Memorandum and order concerning discovery disputes addressed in Doc. Nos. 3065, 3066, 3084, and 3087/3088, and setting the matters for hearing on April 26, 2016 at 9:30 a.m. (E.D.T.). [Doc. No. 3104] (modified to show hearing reset from Apr 14 to Apr 26 per [Doc. No. 3113]).
3/16/2016 Memo and Order re: March 14, 2016 Status Conference Summary of topics discussed and action taken. Telephonic hearings set for March 31, 2016 at 9:00 a.m. (EDT) and April 14, 2016 at 9:00 a.m. (EDT) to resolve any future discovery disputes.  Next status conference set for April 25, 2016 at 1:30 p.m. (EDT).  [Doc. No. 3099]
3/16/2106 Transcript of March 14, 2016 Status Conference Printable copies are available from the Court Reporter, Debra_Bonk@innd.uscourts.gov. [Doc. No. 3098]
2/14/2016 Amended Case Management Order Amending Sec II of the Feb. 15, 2013 case management order [Doc. No. 242] to show that Biomet Mftg Corp is now Biomet Mftg, LLC (page 1) and updating the email address for plaintiffs' lead counsel in Sec. VII(D)(1) and (E)(1) (pages 5 and 8).  [Doc. No. 3096]
3/8/2016 Remote Attendance Order for Mar 14, 2016 Status Conference Call-in information for March 14, 2016 status conference at 2:00 p.m. (E.D.T.).  [Doc. No. 3090]
2/29/2016 In Extremis Case Discovery Order Outlines procedures to be followed with respect to case-specific discovery for agreed in extremis cases. [Doc. No. 3070]
2/29/2016 Group 1 Activation Order Identifies cases to be included in Group 1 for purposes of case-specific discovery. [Doc. No. 3069]
2/17/2016 Memo and Order re: Jan 16, 2016 Telephonic Conference At the request of the parties, the court heard arguments regarding the scope of depositions to be conducted in the statute of limitations and spoliation cases (see Exhibits A and B to the December 21, 2015 scheduling order) and  the number of cases listed on Exhibit B.  For the reasons stated, the parties were directed to conduct a single, full deposition of the plaintiffs identified in Exhibits A and B, unless the court rules to the contrary in a given case.  The court deferred ruling on PSC II's request to remove cases from Exhibit B, until briefing on the anticipated summary judgment motions is completed. [Doc. No. 3064]
2/16/2016 Order re: In Extremis Cases Parties to meet and confer regarding procedures to be followed in the in extremis cases and to submit proposal by February 29, 2016. [Doc. No. 3059]
2/1/2016 Memo and Order re: Jan 28, 2016 Status Conference Topics of discussion included the number of cases and motions currently pending.  Biomet to review list of cases (see attached), identify which cases remain active, and file an updated list in 3:12-MD-2391. Next telephonic status conference set for March 14, 2016 at 2:00 p.m. (E.D.T.). [Doc. No. 3058]
1/28/2016 Transcript of Jan 28, 2016 Status Conference Printable copies are available from the Court Reporter, Debra_Bonk@innd.uscourts.gov. [Doc. No. 3056]
1/26/2016 Remote Attendance Order for Jan 28, 2016 Status Conference Call-in information for January 28, 2016 status conference at 1:30 p.m. (E.S.T.). [Doc. No. 3055]
12/21/2015 Scheduling Order Order setting deadlines for discovery, dispositive pretrial matters, pro se, and MoP cases. [Doc. No. 3047]
12/9/2015 Memo and Order re: Dec 7, 2015 Status Conference Summary of topics discussed and action taken.  PSC II to submit statement re: M2a-Taper cases by Dec 14, 2015; Biomet to file list of cases that had settled as of Dec 7, 2015 and will not be subject to holdback order. Telephonic status conference set for January 28, 2016 at 1:30 p.m. (E.S.T.).  [Doc. No. 3028]
12/8/2015 Transcript of Dec 7, 2015 Status Conference Printable copies are available from the Court Reporter, Debra_Bonk@innd.uscourts.gov.
12/7/2015 Amended Holdback Order Order granting PSC II's Amended Motion and Proposed Holdback Order Re: Common Benefit Fees and Costs [Doc. Nos. 3000 and 3002]. Any cases that are resolved after Monday, December 7, 2015 shall be subject to a provisional six percent holdback. [Doc. No. 3022]
12/7/2015 Notice of Settlement List of cases that were resolved by December 7, 2015 and are not subject to PSC II's Amended Holdback Order (DN 3022).  [Doc. No. 3021]
12/3/2015 GRG Compensation Order Order granting unopposed motion for payment of compensation to The Garretson Resolution Group, Inc. [Doc. No. 3020].
12/1/2015 Remote Attendance Order for Dec. 7, 2015 Status Conference Call-in information for December 7, 2015 status conference at 1:30 p.m. (E.S.T.).  [Doc. No. 3019]
11/24/2015 Order Withdrawing Mot for Interim Order Re: Common Benefit Fees and Costs Motion [2963] withdrawn; superseded by Amended Motion and Proposed Holdback Order Re: Common Benefit Fees and Costs [Doc. No. 3000].
11/24/2015 Amended Explant Preservation Order Amended directives relating to the preservation of Explanted M2a Devices, with Biomet Retrieval Analysis Protocol (Exh. A). [Doc. No. 3008].
11/6/2015 PSC2's Amd Motion and Prop Holdback Order Amended motion re: proposed holdback order for common benefit fees and costs. Objections due 11/20/15. [Doc. Nos. 3000 and 3002]
10/15/2015 PSC1's Motion for Payment of Compensation to Garretson Resolution Group Motion for payment of compensation from the Common Benefit Cost Fund to Garretson Resolution Group in the amount of $18,500.00. [Doc. Nos. 2990 and 2991]
10/8/2015 Memo and Order re: Oct 7, 2015 Status Conference Summary of the topics discussed and the court's directives.  PSC II to submit an amended motion re: common benefit fees and costs.  Upon receipt, the interim motion filed on Aug 27 [Doc. No. 2963] will be deemed withdrawn, and all parties will be given an opportunity to respond.  Parties to confer and submit agreed orders re: case management/scheduling and explant preservation. Next status conference scheduled for December 7, 2015 at 1:30 p.m. (E.S.T.).
10/7/2015 Transcript of Oct 7, 2015 Status Conference

Printable copies available from Court Reporter, Joanne Hoffman, Joanne_Hoffman@innd.uscourts.gov.

10/6/2015 Remote Attendance Order for Oct. 7, 2015 Status Conference Call-in information for October 7, 2015 status conference at 1:30 p.m. (E.D.T.).
10/1/2015 Biomet's Response to PSC II's Motion for Common Benefit Fees and Costs Biomet's response to Plaintiffs' Executive Committee's Brief Concerning Common Benefit Fees and Costs [Doc. No. 2983].
9/17/2015 PSC II's Brief Re: Common Benefit Fees and Costs Plaintiffs' Steering Committee's brief in support of its motion for an interim order re: Common Benefit Attorneys' Fees and Costs [Doc. No. 2973].
9/17/2015 Biomet's Proposed Scheduling Order Defendants' Proposed Scheduling Order [Doc. No. 2974].
9/17/2015 PSC II's Proposed Scheduling Order Plaintiffs' Proposed Scheduling Order [Doc. No. 2975].
9/9/2015 Order Re: Improperly Named Defendants By agreement of the parties, all Biomet corporate entities other than Biomet, Inc., Biomet Orthopedics, LLC, Biomet Manufacturing, LLC, and Biomet U.S. Reconstruction, LLC are dismissed without prejudice from each of the member cases in MDL2391.
9/8/2015 Memo of Sep 3, 2015 Status Conference A brief summary of the topics discussed and the court's directives.Parties to confer and submit proposed amended case management orders. Proposed scheduling orders due Sep 17; and submissions re: new common benefit funds due Sep 17 by plaintiff and Oct 1 by defendants, with comment period to follow.  The next status conference is scheduled for October 7, 2015 at 1:30 p.m. (E.D.T.).
9/4/2015 Transcript of Proceedings from Thursday, September 3, 2015.  Printable copies available from Court Reporter, Debra Bonk, debra_bonk@innd.uscourts.gov.
9/1/2015 Remote Attendance Order for Sep. 3, 2015 Status Conference Call-in information for September 3, 2015 status conference at 1:30 p.m. (E.D.T.).
8/27/2015 PSC II's Motion for Interim Order Re: Common Benefit Fees and Costs Plaintiffs' Steering Committee's motion for an interim order re: Common Benefit Attorneys' Fees and Costs [Doc. No. 2963].
8/26/2015 Order Re: Common Benefit Fees and Expenses Without objection, PSC I's Motion for Payment of Common Benefit Attorneys' Fees and Expenses [Doc. Nos. 2945 and 2947] is GRANTED.
8/7/2015 Motion for Payment of Common Benefit Attorneys' Fees and Expenses PSC I's motion for payment of common benefit attorneys' fees and expenses from the Biomet Common Benefit MDL Assessment Fund [Doc. No. 2945].  Exhibits A-G to the motion [Doc. Nos. 2945-1 through 2945-7 on the master docket in 3:12-MD-2391] are available online, through the Case Management/Electronic Case Files (CM/ECF) system. [Doc. Nos. 2945 and 2947]
7/28/2015 Notice Re: Sep 3, 2015 Status Conference A status conference is scheduled for September 3, 2015 at 1:30 p.m. (E.D.T.) in South Bend.  Lead Counsel to confer and submit proposals regarding scheduling, a joint status report, and agenda by August 27, 2015. Plaintiffs' Liaison Counsel to provide remote access call-in information by August 27.
7/14/2015 Appointment of Jarvis Ward to PSCII Without objection, attorney Jarvis Ward IV, of Jones Ward PLC, is appointed to Plaintiffs' Steering Committee II, and Lawrence Jones' appointment is terminated. [Doc. No. 2934].
6/30/2015 Appointment of Plaintiffs' Exec Comm and Liaison Counsel Without objection,  Navan Ward, Brenda Fulmer, Justin Presnal, and Ahmed Diab are appointed to serve as PSC II's Executive Committee, with Ahmed Diab also serving as Plaintiffs' Liaison Counsel; and attorney John Fiske's appointment to the Plaintiffs' Steering Committee is terminated. [Doc. No. 2929].
6/23/2015 Appointment of Escrow Agent and Fee Committee Order granting [2919] and appointing Jessica Larbes, a certified public accountant with Garretson Resolution Group, as the Escrow Agent for the Biomet Common Benefit MDL Assessment Fund and Thomas Anapol, Mark Lanier, Robert Dassow, Michelle Kranz, Justin Presnal, and GRG's Chief Compliance Officer Sylvius von Saucken (a non-voting member) to the Fee Committee. [Doc. No. 2925]
6/18/2015 Termination of Appt to PSC II Attorney Altom Maglio's application to terminate his appointment to PSC II is GRANTED. [Doc. No. 2924]
6/15/2015 Motion to Modify Case Mgmt Ord No. 3 PSC II's motion to modify Case Management Order No. 3  re: Plaintiffs' Organizational Structure. [Doc. No. 2923]
6/4/2015 Amd Mot to Appt Escrow Agent and Fee Committee PSC's Amended Motion to Appoint Escrow Agend and Fee Committee [Doc. No. 2919]
5/28/2015 Order Re: Appt of Escrow Agent and Fee Committee For the reasons stated, PSC I to file an amended motion to appoint an escrow agent and fee committee by June 19, 2015. [Doc. No. 2914]
5/27/2015 Case Management Order No. 3 The court:  (1)  FINDS that Biomet's actions during settlement negotiations and mediation were permissible under the Master Settlement Agreement and did not constitute bad faith; (2) DENIES attorney Gregg Borri's request for discovery [Doc. Nos. 2887 and 2889]; (3) GRANTS the motion to substitute Justin Presnal as a member of the Plaintiffs Steering Committee in lieu of Wayne Fisher [Doc. No. 2895]; (4) GRANTS the motion to terminate the existing Plaintiffs Steering Committee, effective June 1, 2015 [Doc. No. 2890] ; (5) APPOINTS the following attorneys to the new  Plaintiffs Steering Committee (PSC II), effective June 1, 2015--Brenda Fulmer (Co-Lead Counsel), Navan Ward (Co-Lead Counsel), J. Kyle Bachus, Ahmed Diab, John Fiske, Lawrence Jones, William Jordan, Altom Maglio, Amber Pang Parra, and Justin Presnal; (6) DIRECTS attorneys Ahmed Diab and John Fiske to inform the court, PSC II, and Biomet's Lead Counsel by June 15, 2015 which of them will serve as Plaintiffs' Liaison Counsel; (7) DIRECTS the current Plaintiffs Steering Committee (PSC I) and Biomet to provide PSC II with copies of Plaintiff Fact Sheets in all cases remaining after settlement; (8) DECLINES to enter a census order or Lone Pine order at this time; and (9) invites PSC II to submit a new proposed common benefit fund order by September 1, 2015. [Doc. No. 2909]
5/18/2015 Memo of May 18, 2015 Status Conference The parties addressed concerns relating to the mediation process, status of discovery, and various issues facing the plaintiffs' organizational structure following settlement, including future funding and the composition of the PSC. The court took the matters and pending motions to appoint an escrow agent and fee committee, to terminate the current PSC, and to substitute attorney Justin Presnal for Wayne Fisher on the PSC under advisement.  The next status conference will be set by separate order at a later date. [Doc. No. 2906]
5/15/2015 Motion to Substitute PSC Member Motion to Substitute Attorney Justin Presnal as Member of PSC in lieu of Wayne Fisher [Doc. No. 2985].
5/15/2015 Letter from Atty Terrence Smith Letter dated 5/14/2015 from plaintiff's atty Terrence Smith regarding Doc. No. 2874 [Doc. No. 2894].
5/14/2015 Remote Attendance Order for May 18, 2015 Status Conference Call-in information for May 18, 2015 status conference at 9:30 a.m. (E.D.T.).
5/14/2015 Letter Re: Pending Cases Letter from Defs' Liaison Counsel dated May 14, 2015 updating pending case list.
5/14/2015 Motion to Terminate PSC Joint Motion to Terminate Plaintiffs Steering Committee [Doc. No. 2890].
5/12/2015 Distribution Order The Clerk is directed to file the PSC's Mot to Appt Escrow Agent and Fee Comm [Doc. No. 2878] in each member case.  Court will defer ruling on the motion for two weeks.
5/7/2015 Letter from Atty Wendell Tong Letter dated 5/7/2015 from plaintiff's atty Wendell Tong regarding Doc. No. 2874. [Doc. No. 2882]
5/7/2015 Letter from Atty David Riggs Letter dated 5/7/2015 from plaintiff's atty M. David Riggs regarding Doc. No. 2874 [Doc. No. 2888]
 5/5/2015 Letter from Atty Scott Perlmuter Letter dated 5/5/2015 from plaintiff's atty Scott Perlmuter regarding Doc. No. 2874. [Doc. No. 2881]
5/4/2015 PSC's Mot to Appt Escrow Agent and Fee Committee

Plaintiffs Steering Committee's Motion to Appoint Escrow Agent and Fee Committee [Doc. No. 2878].

5/4/2015 Status Conf Reset for May 18, 2015 At the request of the parties, the May status conference is RESET for Monday, May 18, 2015 at 9:30 a.m. (E.D.T.).
5/4/2015 Letter from Atty John Dow Letter dated 5/4/2015 from plaintiff's atty John Ferris Dow regarding Doc. No. 2874. [Doc. No. 2880]
5/1/2015 Letter from Defendants' Lead Counsel

Letter dated May 1, 2015 from Defendants' Lead Counsel, John Winter, responding to Doc. Nos. 2874 and 2876. [Doc. No. 2877].

4/30/2015 Letter from Atty Jeffrey Lowe Letter dated April 30, 2015 from plaintiffs' attorney Jeffrey Lowe regarding Doc. No. 2874. [Doc. No. 2876]
4/29/2015 Order Denying Motion to Enforce Settlement Agreement Order entered March 23, 2015 denying plaintiff's motion to enforce the settlement agreement in 3:14cv737 [Doc. No. 38], 3:14cv1434 [Doc. No. 44], and 3:14cv1505 [Doc. No. 43].
4/29/2015 Order Denying Motion to Enforce Settlement Agreement Order entered April 6, 2015 denying plaintiff's motion to enforce the settlement agreement in 3:13cv142 [Doc. No. 86].
4/29/2015 Order Denying Motion to Enforce Settlement Agreement Order entered April 23, 2015 denying plaintiff's motion to enforce the settlement agreement in 3:14cv1112 [Doc. No. 35].
4/28/2015 Letter from Plaintiff's Counsel in 3:12cv614 Letter dated April 24, 2015 from attorney Gregg Borri regarding the settlement process [Doc. No. 2874].
4/28/2015 Letter from Plaintiffs' Lead Counsel Letter dated April 27, 2015 from Plaintiffs' Lead Counsel, Thomas Anapol, responding to Mr. Borri's letter [Doc. No. 2875].
4/28/2015 Requests for Early Termination of PSC Appointments and Issues Regarding Settlement Process Requests for early termination of appointments to the Plaintiffs' Steering Committee to be filed by May 15, 2015.  The court notes receipt of a letter from plaintiff's counsel in 3:12cv614 questioning the settlement process [Doc. No. 2874] and Lead Counsel's response thereto [Doc. No. 2875], and will address the issues raised at the May 21 status conference.
4/24/2015 Letter from Defs' Liaison Counsel Re: Remaining Cases Letter dated April 24, 2015 from atty Erin Linder identifying cases remaining after settlement and counsel of record in those cases. [Doc. No. 2884].
4/21/2015 Memo of Apr 21, 2015 Status Conference Although applications for a new Plaintiffs Steering Committee (PSC) were solicited, no applications were received.  Given the number of cases remaining after the settlement process concludes, a new PSC is needed.  Counsel for defendants to submit a list of all remaining cases and the attorneys of record in those cases.  The court will select a new PSC from that list, and will enter a revised scheduling order and a new Common Benefit Fund order upon appointment of the new PSC.  Next status conference set for May 21, 2015 at 9:30 a.m. (E.D.T.).
4/16/2015 Remote Attendance Order for Apr 21, 2015 Status Conference Call-in  information for April 21, 2015 Status Conference.
3/18/2015 Memo of Mar 16, 2015 Status Conference The court deferred ruling on the request for early termination of the Plaintiffs' Steering Committee (PSC) appointments; entered an order inviting new applications for the PSC (application deadline is April 17, 2015); and directed the parties to file an updated status report regarding discovery and the Common Benefit Fund. The 2013 scheduling order [Doc. No. 1118] will be reinstated beginning 45 days after appointment of a new PSC, with dates to be adjusted to fit the pre-existing time limits.  Next status conference set for April 21, 2015 at 9:30 a.m. (E.D.T.).
3/17/2015 Deadlines for Applications for Plaintiffs' Steering Committe The court defers ruling on the PSC's request for early termination, and will accept applications for all positions on the Plaintiffs' Steering Committee from now until April 17, 2015.  Any objections thereto should be filed by May 1, 2015.  Details regarding the application process are provided in the attached order.
1/30/2015 Memo of Jan 30, 2015 Status Conference At the request of the parties, the mediation and settlement deadlines were extended March 2, 2015 (amending paragraph 3(c) of the Settlement Agreement [Doc. No. 1317-1]).  Next status conference set for March 16, 2015 at 9:30 a.m. (EST).
12/23/2014 Memo of Dec 23, 2014 Telephonic Status Conference Parties provided updated report on status of mediation. Discussions regarding settlement of individual cases filed after April 15, 2014 cut-off are ongoing. New Plaintiffs' Steering Committee and leadership positions will be appointed and a new scheduling order will be entered after mediation has been completed.
12/22/2014 2015 Appointments to Plaintiffs' Organizational Structure Order appointing/reappointing Plaintiffs' Steering Committee, Executive Committee, Lead and Liaison Counsel effective January 1, 2015 [Doc. No. 2806]
12/15/2014 Dec 23 TSC Time Change The telephonic status conference on December 23, 2014 will begin at 11:00 a.m. This a time change only.
11/18/2014 Mediation Resolution Deadline Order ORDER extending mediation resolution deadline in Paragraph 3(c) of the Master Settlement Agreement to January 30, 2015. [Doc. No. 2792].
10/20/2014 Memo of Oct 20, 2014 Status Conference Parties provided updated status report on Groups 1 and 2. Resolution of cases filed by April 15, 2014, but not included in Groups 1 or 2, will be addressed after Group 2 mediation is complete. Applications for appointment/reappointment to Plaintiffs' organizational structure to be filed by Nov 18, 2014, with any objections to be filed by Nov 28. Post settlement procedures for all remaining cases will be a topic of discussion at the next telephonic status conference on Dec 23, 2014 at 1:00 p.m. (E.S.T.). Joint status report to be filed by Dec 8.
9/19/2014 Order Re: Joint Stip to Dismiss Non-Revision Cases Order granting, in part, the parties' Joint Stipulation to Dismiss Non-Revision Cases [Doc. No. 2758].
9/18/2014 Addendum to Settlement Agreement Addendum [Doc. No. 2756-1]amending Section 6 (Escrow)of the Settlement Agreement [Doc. No. 1317-1.
9/12/2014 Joint Stipulation Re: Non-Revision Cases Joint Stipulation to Dismiss Non-Revision Cases [Doc. No. 2742]
8/14/2014 August 14, 2014 Telephonic Status Conf TELEPHONIC STATUS CONFERENCE held on August 14, 2014 before Judge Robert L Miller Jr. Plaintiffs appeared by attorneys Thomas Anapol, Mark Lanier, and Robert Dassow. Defendants appeared by attorney John Winter. Parties moving forward pursuant to the settlement agreement. Status reports due on September 8, 2014 and October 14, 2014. Next status conference scheduled in South Bend for October 20, 2014 at 9:30 AM (E.D.T.), with an executive session, if necessary,at 9:00 AM (E.D.T.).
4/14/2014 Qualified Protective Order Qualified Protective Order relating to plaintiffs' selection of Lien Resolution Administrator (Garretson Resoluton Group, Inc.) and its authority to act. [Doc. No. 1936]
4/2/2014 Categorization of Cases Eligible for Settlement Order establishing secure website for plaintiffs' counsel to utilize in categorizing cases eligible for settlement pursuant to Sec. 2(d)-(f) of the Master Settlement Agreement.[Doc. No. 1738].
2/14/2014 Order Staying Responsive Pleadings Deadlines By agreement of the parties, all case specific responsive pleadings deadlines are STAYED until further notice. [Doc. No. 1418]
2/5/2014 Schedule of Settlement Deadlines Exhibit A to the Settlement Agreement [Doc. No. 1317-1].
2/3/2014 Order Staying Non-Revision Cases Per the parties' joint stipulation [Doc. No. 1313], all case specific proceedings in non-revision cases designated in Exh. A [Doc. No. 1313-1] are STAYED.
2/3/2014 Common Benefit Settlement Agreement Biomet Common Benefit Settlement Agreement [Doc. No. 1317-3].
2/3/2014 Order Establishing Common Benefit Funds Case Mgmt Order Establishing Common Benefit Fee and Expense Funds [Doc. No. 1317-2].
2/3/2014 Order Vacating Scheduling Order and Feb 28, 2014 Case Mgmt Conf In light of tendered Settlement Agreement [Doc. No. 1317-1], CMO Establising Common Benefit Funds [Doc. No. 1317-2], and Biomet's Common Benefit Settlement Agreement [Doc. No. 1317-3], the Dec 10, 2013 scheduling order [Doc. No. 1118] and Feb 28, 2014 Case Mgmt Conference are VACATED. A telephonic status conference is set for April 21, 2014 at 10:00 a.m. (E.D.T.), with joint status report due April 17, 2014.
1/31/2014 Joint Stipulation re: Non-Revision Cases Joint Stipulation to Stay Proceedings Pending Revision Surgery [Doc. No. 1313]
1/31/2014 Settlement Agreement Settlement Agreement Between Biomet, Inc. and Plaintiffs' Executive Committee [Doc. No. 1317-1].
1/7/2014 Preliminary Disclosure Form and Order Preliminary Disclosure Form (Exhibit A) to be completed by plaintiffs and served on the defendants by February 7, 2014 in all pending cases. For all cased filed after the date of this order, the Preliminary Disclosure Form must be completed and served 30 days from the date the case is transferred into the MDL, or, if directly filed, 30 days from the date the case is filed in the Northern District of Indiana. [Doc. No. 1177].
12/30/2013 2014 Appointments to Plaintiffs' Organization Structure Amended Order appointing/reappointing Plaintiffs' Steering Committee, Executive Committee, Lead, and Liaison Counsel effective Jan 1, 2014-Dec 31, 2014.
12/11/2013 Non-Revision Track Order Order regarding proceedings in non-revision cases. PSC and defendants to confer and submit list of all cases to be place on non-revision track by January 22, 2014.
12/10/2013 Memo Re: Appt of Spec Master and Scheduling PSC's request for appointment of special master for discovery denied. Court adopts joint recommendation re: non-revision cases, as modified. Parties to prepare and submit an agreed list of non-revision cases to be placed on a non-revision track and stayed pending further order. Scheduling orders re: non-revision cases, amendments to the pleadings, discovery, dispositive motions, and bellwether trials to follow.
12/10/2013 Scheduling Order Order setting deadlines for amendments to the pleadings, discovery, dispositive motions, and bellwether trials.
12/3/2013 Amended Application/Objection Deadlines for PSC At plaintiffs' request, deadline for applications for appointment/reappointment to PSC extended to Dec 3, 2013, with any objections to be filed by Dec 13, 2013. [Modifying 987].
11/19/2013 Memo of Nov 18, 2013 Case Mgmt Conf Topics addressed: status of discovery; proposed scheduling orders [935 and 951]; plaintiffs' requests for special master [936] and production of unredacted DFS; defendants' proposal regarding disposition of statute of limitations cases [952] and request to suspend or dismiss non-revision cases; and reappointment of PSC [987]. Matters taken under advisement; written orders to follow. Next case management conference scheduled for Monday, January 6, 2014, at 9:30 a.m. (E.S.T.).
11/13/2013 Deadlines Relating to Appointment/Reappointment to Plfts' Organizational Structure Order regarding applications for appointment or reappointment to Plaintiffs' Organizational Structure. Current appointments extended to December 31, 2013. Applications due November 25, 2013, with any objections to be filed by December 6, 2013.
9/24/2013 Memo of Sep 23, 2013 Case Mgmt Conf Issues discussed included the status of discovery, selection of bellwether cases, and pending and future dispositive motions. Defense counsel advised the court that they will submit proposed forms of order regarding the pending motions to dismiss for failure to file a PFS, dismissing without prejudice and giving the parties 90 days to cure any deficiency before the actions are dismissed with prejudice. The court will issue an order prior to the next conference regarding the bellwether selection process and plaintiffs' request to appoint a special master for discovery. A telephonic case management conference was scheduled for November 18, 2013 at 9:00 a.m. (E.S.T.).
9/9/2013 Case Mgmt Order 2: Mgmt of Attorney-Client Privilege & Work Product Protection Order modifying the privilege log protocol in Case Mgmt Order No. 1 [Doc. No. 242] and the Stipulated Order Relating to the Discovery of Electronically Stored Information [Exh. A to Doc. No. 242] and adopting an Alternative Privilege Logging Protocol.
8/21/2013 Memo and Order Re: Disclosure of Predictive Coding Documents Order denying plaintiffs' request for the production of documents used to train the predictive coding algorithm.
8/21/2013 Opinion and Order Re: Preemption Under 21 U.S.C. 360k(a) Order denying defendants' motion to dismiss in 3:13cv73 on preemption grounds under 21 U.S.C. 360k(a).
7/30/2013 Memo of July 29, 2013 Telephonic Status Conference Following a brief discussion on the status of discovery and other administrative issues, the court directed the parties to brief their positions on plaintiffs' request for production of documents used to train the coding system by 8/5/13; tabled discussion on use of a form complaint, and deferred discussion of the deadlines for dispositive motions and selection of bellwether cases until the next case management conference on September 23, 2013 at 9:30 a.m. (E.D.T.).
7/16/2013 Common Benefit Time and Expense Reporting Protocol Order establishing a time and expense reporting protocol for common benefit work.
6/24/2013 Memo of June 17, 2013 Case Mgmt Conf Following discussion and oral argument, the court: took the motion to dismiss in 3:13cv73 under advisement; stayed briefing on all motions to strike affirmative defenses; and directed the parties to meet and confer regarding continuing issues with jurisdiction and venue, the use of a form compliant, dismissal of duplicate cases, and the need for additional or modified procedures in the M2a Taper cases. A telephonic status conference was scheduled for 7/29/13 at 9:00 a.m. (E.D.T.), and the next case management conference was scheduled for 9/23/13 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].
5/3/2013 Rule 30(b)(6) Depositions Absent agreement of the parties, corporate depositions under Fed. R. Civ. P. 30(b)(6)will be taken in South Bend and/or Fort Wayne, Indiana.
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.).
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].
4/18/2013 Order Re: Discovery of ESI Directives relating to the discovery of Electronically Stored Information.
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].
3/25/2013 Plaintiff Fact Sheet Exhibit D to the 2/15/13 Case Management Order [Doc. No. 242]
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.).
3/8/2013 Biomet's Retrieval Analysis Protocol Exhibit A to the Explant Preservation Order [Doc. No. 279].
3/7/2013 Explant Preservation Order Directives relating to the preservation of Explanted M2a Devices. (Superseded by Nov 24, 2015 Amd Explant Preservation Order).
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.
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.
2/8/2013 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.).
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.).
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.
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).
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.
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 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).
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.
10/2/2012 Transfer Order Initial Transfer Order from Judicial Panel on Multidistrict Litigation.