|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  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].|