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:	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 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
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 Co-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 J. Joseph Tanner, Andrew Campbell, Adrienne Busby and Stephanie Russo Faegre Baker Daniels LLP 300 N. Meridian Street, Suite 2700 Indianapolis, IN 46204 (317) 237-0300 Fax: (317) 237-1000 Email: Joe.Tanner@FaegreBD.com Andrew.Campbell@FaegreBD.com Adrienne.Busby@FagreBD.com Stephanie.Russo@FaegreBD.com

Date	Order	Description
9/13/2022	Order Closing Case	Because no cases remain in this Multi-District Litigation Docket, the court now orders this case CLOSED.
6/22/2021	Order re: Attorneys Fees and Expenses and Escrow Agent Compensation	Without objection, PSC II's motion for payment of common benefit attorneys' fees and expenses [Doc. No. 3897] is GRANTED and the July 12, 2021 hearing is VACATED. [Doc. No. 3901].
6/22/2021	Order Appointing New Escrow Agent	PSC's Motion to Appoint Roman Palmer as New Escrow Agent replacing Jessica Larbes [3896] is GRANTED. [Doc. No. 3900]
5/10/2021	Order Extending Deadlines Re: Motions for Fees, Costs, and Escrow Agent Comp	Plaintiffs' unopposed motion to extend deadlines [Doc. No. 3894] is GRANTED. Motions for fees, costs and escrow agent compensation to be filed by May 17, 2021; objections should be filed by June 7, 2021; and replies are due by June 21, 2021. The video hearing remains set for July 12, 2021 at 9:30 a.m. (EDT).
3/23/2021	Memo and Order for March 23, 2021 Status Conference	Following discussion, the court: (1) advised the parties that a hearing will be set, if necessary, after briefing of the motion to reconsider the March 11 order is complete; (2) extended the deadline for filing plaintiffs' motions for fees, costs, and Escrow Agent compensation to May 7, 2021, with any objections due by May 27, 2021, and any replies due by June 10, 2021; (3) set a video hearing on objections to the fee requests on July 12, 2021 at 9:30 a.m. (E.D.T.). [Doc. No. 3887].
3/11/2021	Sanctions Order	Order granting, in part, Biomet's motion for sanctions [Doc. No. 3860]. Verified, itemized statement of fees and costs to be filed within 21 days of the date of this order, with any objections due 14 days later. Navan Ward is ordered to file a copy of this order in Hix and Harbison and a certificate of compliance within 14 days. [Doc. No. 3878].
2/3/2021	Order Extending Deadline	Order granting joint motion for a second extension of the filing deadline for notices of settlement or case management plans in the six member cases identifed in the order. Notices or case management plans due by March 19, 2021. [Doc. No. 3876].
1/11/2021	Order Resetting Status Conf	At the request of the parties, the January 13, 2021 status conference is vacated and reset for March 23, 2021 at 9:00 a.m. (EDT). (Minute entry only)
1/4/2021	Order Extending Deadline	Order granting joint motion to extend the deadline for filing notice of settlement or case management plan in the six member cases identifed in the order.
11/25/2020	Memo and Order for Nov 19, 2020 Tele Status Conference	The court adopted the Joint Proposed Scheduling Order [Doc. N0. 3865] and set future filing deadlines; took Biomet's motion for sanctions [Doc. No. 3860] under advisement; and set the next telephonic status conference for January 13, 2021 at 9:00 a.m. (EST). [Doc. No. 3868]
11/16/2020	Remote Attendance Order	Call-in information for the status conference and motion hearing on November 19, 2020 at 9:00 a.m. (EDT). [Doc. No. 3866]
10/6/2020	Order re: November 19, 2020 Tele Status Conf and Motions Hrg	A telephonic status conference and hearing on Biomet's motion for sanctions [Doc. No. 3860] is set for November 19, 2020 at 9:00 a.m. (EST).
8/10/2020	Order Denying Defs' Amd Mot for Protective Order	Biomet's Amended Motion for Protective Order [Doc. No. 3846] is DENIED.
4/8/2020	Order Staying Listed Cases	The joint motion to stay the cases listed in this order until Nov 2, 2020 to allow administration of a settlement program [Doc. No. 3843] is GRANTED. [Doc. No. 3844]
3/27/2020	Order re: Amended Holdback Order	By agreement of the parties, Sections I and IV of the December 7, 2015 Amended Holdback Order [Doc. No. 3022] are amended by interlineation to address cases in which plaintiff's counsel has waived his or her attorneys' fees and costs. [Doc. No. 3842]
3/27/2020	JPML Conditional Remand Order	Cases listed in the order are remanded to their respective transferor courts. [Doc. No. 3841]
3/19/2020	Order Re: Status Conference	To limit the risks associated with COVID-19, a new status conference date will be selected when normal business operations resume. [Doc. No. 3839]
3/16/2020	5th Transfer Order 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 designated in the order. [Doc. No. 3837]
3/16/2020	5th Suggestion of Remand and 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. [Doc. No. 3836]
3/12/2020	Memorandum and Order	Memorandum regarding additional generic discvoery and management of remaining cases. [Doc. No. 3833]
3/11/2020	Transcript of March 9 Status Conf	The original and subsequent copies of the certified transcript are available from the Court Reporter, debra_bonk@innd.uscourts.gov. [Doc. No. 3832]
3/6/2020	Order Extending Filing Deadline	The parties' joint motion for an extension of time to and including March 13, 2020 to file their proposed list of Group 8B cases to be remanded or transferred is GRANTED. [Doc. No. 3828]
3/5/2020	Remote Attendance Order	Call-in information for the status conference on March 9, 2020 at 1:00 p.m. (EDT). [Doc. No. 3826]
2/7/2020	Memorandum in Support of Motion to Vacate	Courtesy copy of memorandum in support of Biomet's motion to vacate the MDL Panel's August 27, 2018 order suspending transfer of actions to MDL 2391 (filed in MDL 2391 on Feb. 4, 2020). [Doc. No. 3822]
2/7/2020	Notice of Intent to File Motion to Vacate MDL Panel's Aug. 27, 2018 Order	Letter dated February 3, 2020 re: Biomet’s notice of intent to file a motion with the Judicial Panel on Multidistrict Litigation. [Doc. No. 3821]
2/7/2020	Order Converting March 9 Status Conference from Telephonic to In Person	The March 9, 2020 scheduling conference is converted from a telephonic to an in person hearing. Biomet to file a list of all federal post-remand/transfer cases in which non-case-specific discovery has been allowed over Biomet's opposition and a list of any pending member cases that the court would have jurisdiction to try by February 28, 2020.
1/24/2020	Order Resetting Status Conf	By agreement of the parties, the telephonic status conference has been RESET for March 9, 2020 at 1:00 p.m. (E.D.T). (Minute entry only).
1/21/2020	Order Vacating Status Conf	The January 22, 2020 telephonic status conference is VACATED and will be reset by separate order. (Minute entry only). [Doc. No. 3815]
1/14/2020	Clarification Order Re: Group 8A Cases Omitted from Prop Remand/Transfer List	The court gives the parties in the 18 cases listed in Exhibit A until February 3, 2020 to show cause why their case shouldn't be remanded or transferred with other Discovery Group 8A cases, or to inform the court what the propoer remand/transfer venue would be. [Doc. No. 3813]
1/14/2020	Tenth Show Cause Order	The court gives the plaintiffs in the 12 cases listed in Exhibit A until February 3, 2020 to show cause why their case should not be dismissed without prejudice. [Doc. No. 3812]
11/15/2019	Transcript of Nov 12, 2019 Status Conference	The original and subsequent copies of the certified transcript are available from the Court Reporter, debra_bonk@innd.uscourts.gov. [Doc. No. 3808]
11/12/2019	Telephonic Status Conference	Topics discussed included the status of discovery in Groups 8A and 8B, the number of active, unsettled cases remaining, the remand and transfer of remaining cases, and pending motions. THe next telephonic status conference is set for Wednesday, January 22, 2020 at 1:00 p.m. (EDT). Conference may be converted to an in-person conference, at the request of the parties. (Minute entry only).
11/8/2019	Order Re: Nov 12, 2019 Telephonic Status Conf	The November 12 status conference will be conducted by phone [3805]. Call-in information is provided in this order.
10/31/19	Dismissal Order	Pursuant to the 9th order to show cause [Doc. No. 3798], and without objection, the cases listed on attached Exhibit A are dismissed with prejudice.
10/15/2019	Dismissal Order	Pursuant to the stipulations of dismissal and FRCP 41(A)(1)(A)(ii), the cases listed are dismissed. [Doc. No. 3801]
9/30/2019	JPML Conditional Remand Order	Cases listed in the order are remanded to their respective transferor courts. [Doc. No. 3800]
9/25/2019	Ninth Show Cause Order	The 21 cases listed in Exhibit A have reportedly been settled, but have not been dismissed. The court, accordingly, gives the plaintiffs in those cases 30 days, to and including October 25, 2019, to show cause why their case should not be dismissed with prejudice. [Doc. No. 3798]
9/24/2019	Order Resetting Status Conf	On the court's own motion, the status conference set for October 7 is RESET for November 12, 2019 at 1:00 p.m. (EST). (Minute entry only). [Doc. No. 3797]
9/23/2019	Order	The September 18 transfer order [Doc. No. 3796] is VACATED as to the cases listed in attached Exhibit 1, and those cases are DISMISSED without prejudice.
9/18/2019	4th Transfer Order 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 designated in the order. [Doc. No. 3796]
9/18/2019	4th Suggestion of Remand and 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. [Doc. No. 3795]
8/21/2019	2d Amended Proposed Remand/Transfer Case List (Discovery Group 7)	Parties' proposed list of cases in Discovery Group 7 to be remanded or transferred (amended to include venue and origin of suit). [Doc. Nos. 3792 and 3793]. Objections due September 6, 2019.
8/13/2019	Amd Joint Proposed Remand/Transfer Case List	Parties' proposed list of cases in Discovery Group 7 to be remanded or transferred. [Doc. No. 3789]. Objections due September 6, 2019 (see Doc. No. 3783).
8/19/2019	Transcript of Aug 8, 2019 Status Conference	The original and subsequent copies of the certified transcript are available from the Court Reporter, debra_bonk@innd.uscourts.gov. [Doc. No. 3791]
8/8/2019	Status Conference	Topics discussed included the status of discovery in Groups 8A and 8B, remand and transfer of Group 7 cases, and dispostion of settled cases. Next Status conference set for Monday, October 7, 2019 at 1:00 p.m. (EDT). Conference may be converted to a telephonic, at the request of the parties. (Minute entry only).
8/7/2019	Opinion and Order re: PSC's Mot to Modify Remand/Transfer Orders	For the reasons stated in the opinion, the motion to modify furture reman/transfer orders [Doc. No. 3767] is denied. [Doc. No. 3786]
8/6/2019	Remote Attendance Order for August 8, 2019 Status Conference	Call-in information for the status conference on August 8, 2019 at 9:30 a.m. (EST). [Doc. No. 3784]
7/2/2019	Amd Remand/Transfer Schedule	This order sets forth the remand and/or transfer deadlines applicable to Discovery Groups 7, 8A, and 8B. [Doc. No. 3783]
6/25/2019	Order Resetting Status Conference	At the request of plaintiffs' lead counsel and without objection, the status conference previously set for July 18, 2019 is now RESET for Thursday, August 8, 2019 at 9:30 a.m. (EDT). [Doc. No. 3781]
5/14/2019	Order Re: Mots to Ext Time to Amend	Order denying plaintiffs' motions for extension of time to file amended complaints in the 18 cases listed in the order. [Doc. No. 3778]
5/9/2019	Memo and Order for May 9, 2019 Status Conference	Plaintiffs' Steering Committee to file proposed order re: motion to modify future remand/transfer orders [Doc. No. 3767] due May 20; Biomet's supplemental response due June 3, 2019. Next status conference set for July 18, 2019 at 1:30 p.m. (EDT). [Doc. No. 3777]
5/9/2019	Discovery Group 8B Activation Order	Identifies cases to be included in Discovery Group 8B for purposes of case-specific discovery and related deadlines. [Doc. No. 3775]
5/7/2019	Remote Attendance Order for May 9, 2019 Status Conference	Call-in information for the status conference on May 9, 2019 at 1:30 p.m. (EST). [Doc. No. 3773]
4/15/2019	JPML Conditional Remand Order	Cases listed in the order are remanded to their respective transferor courts. [Doc. No. 3771]
3/28/2019	Supplemental Suggestion of Remand (Group 3) and 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. [Doc. No. 3768]
3/28/2019	Supplemental Transfer Order (Group 3) 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 designated in the order. [Doc. No. 3769]
3/11/2019	JPML Conditional Remand Order (Group 3)	Cases listed in the order are remanded to their respective transferor courts. [Doc. No. 3766]
3/11/2019	Discovery Group 8A Activation Order	Identifies cases to be included in Discovery Group 8A for purposes of case-specific discovery and related deadlines. [Doc. No. 3765]
3/8/2019	Joint Proposed Scheduling Order	Parties joint proposal regarding the handling and activation of Discovery Groups 8A and 8B and Remand Groups 4 and 5. [Doc. No. 3764]
3/7/2019	Opinion and Order re: Motions to Dismiss Dr. Cuckler, AMC, and Fraud Claims	Order granting motions to dismiss Dr. John Cuckler, Alabama Medical Consultants, Inc., and/or fraud claims brought under state law in the 23 member cases identified in the order. [Doc. No. 3763]
3/5/2019	Transcript of March 4, 2019 Status Conference	The original and subsequent copies of the certified transcript are available from the Court Reporter, debra_bonk@innd.uscourts.gov. [Doc. No. 3760]
3/4/2019	Memo and Order for March 4, 2019 Status Conference	Summary of topics discussed and action taken. Next status conference set for May 9, 2019 at 1:30 p.m. (EDT). [Doc. No. 3762].
2/27/2019	Remote Attendance Order for March 4, 2019 Status Conference	Call-in information for the status conference on March 4, 2019 at 1:30 p.m. (EST). [Doc. No. 3757]
2/27/2019	Suggestion of Remand (Group 3) and 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. [Doc. No. 3758]
2/22/2019	Transfer Order (Group 3) 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 designated in the order. [Doc. No. 3756]
2/13/2019	Deadline Extension	At the request of the parties, the February 12 deadline for filing a proposed list of cases to be included in Discovery Group 8 and case management deadlines for all remaining cases [Doc, No, 3752] is GRANTED. The parties shall have until February 20, 2019 to file their report. [Doc. No. 3753]
2/12/2019	Dismissal Order	Pursuant to the 8th order to show cause [Doc. No. 3746], and without objection, the cases listed on attached Exhibit A are dismissed with prejudice. [Doc. No. 3754]
1/10/2019	Memo and Order for Jan 9, 2019 Status Conference	Summary of topics discussed and action taken. Next status conference set for March 4, 2019 at 1:30 p.m. (EST). [Doc. No. 3749 and 3750]
1/9/2019	Transcript of Jan 9, 2019 Status Conference	The original and subsequent copies of the certified transcript are available from the Court Reporter, debra_bonk@innd.uscourts.gov. [Doc. No. 3748]
1/8/2019	Request for Additional Information Re: Prop Remand/Transfer Grp 3	Responses to the court's request for additional information regarding the cases to be included in Remand/Transfer Group 3 are due January 28, 2019. [Doc. No. 3747]
1/7/2019	Eighth Show Cause Order	The 21 cases listed in Exhibit A have reportedly been settled, but have not been dismissed. The court, accordingly, gives the plaintiffs in those cases 30 days, to and including February 6, 2019, to show cause why their case should not be dismissed with prejudice. [Doc. No. 3746]
1/5/2019	Remote Attendance Order for January 9, 2018 Status Conference	Call-in information for the status conference on January 9, 2019 at 1:15 p.m. (EST). [Doc. No. 3745]
1/4/2019	Joint Prop Remand/Transfer Grp 3 List	List of cases Plaintiffs' Steering Committee and Biomet propose to include in Remand/Transfer Group 3. [Doc. No. 3744].
1/3/2019	Opinion and Order re: North Carolina Statute of Repose	Opinion and Order denying without prejudice Biomet's motions for summary judgment based on the North Carolina statute of repose.
12/28/2018	JPML Remand Order (Group 2)	Cases listed in the order are remanded to their respective transferor courts. [Doc. No. 3741]
12/12/2018	Dismissal Order	Pursuant to the 7th order to show cause [Doc. No. 3729], and without objection, the cases listed on attached Exhibit A are dismissed with prejudice. [Doc. No. 3739]
12/12/2018	Transfer Order (Group 2) 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 designated in the order. [Doc. No. 3738]
12/12/2018	Suggestion of Remand (Group 2) and 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. [Doc. No. 3737]
12/12/2018	Venue Designation Order	For the reasons stated, the cases listed in attached Exhibit A will be remanded or transferred by separate order to the venues identified in the exhibit. [Doc. No. 3736]
12/6/2018	JPML Remand Order	Motion to vacate the conditional remand order in 3:12-cv-614, 3:13-cv-256, and 3:14-cv-612 is DENIED, and cases are remanded to their respective transferor courts. [Doc. No. 3735]
11/15/2018	Status Conference	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). (Minute entry only).
11/15/2018	Transcript of Nov 15, 2018 Status Conference	The original and subsequent copies of the certified transcript are available from the Court Reporter, debra_bonk@innd.uscourts.gov.
11/14/2018	Discovery Group 7 Activation Order	Identifies cases to be included in Discovery Group 7 for purposes of case-specific discovery and related deadlines. [Doc. No. 3732]
11/9/2018	Remote Attendance Order for November 15, 2018 Status Conf	Call-in information for the status conference on November 15, 2018 at 1:15 p.m. (EST).
11/7/2018	Request for Additional Information Re: Prop Remand Group 2	The court defers ruling on the requests to remand or transfer the eleven cases listed in Exhibit A, and gives the plaintiffs in the following cases until November 28, 2018 to (a) confirm in writing that they have consented to the venues proposed in the Joint Proposed Remand Group 2 List [Doc. No. 2726], or (b) file an objection to the proposed venue and provide supporting documentation for an alternate venue--3:14cv1055, 3:14cv1582, 3:15cv90, 3:15cv166, 3:15cv416, 3:15cv434, 3:16cv9, and 3:16cv105. [Doc. No. 3730]
11/6/2018	Seventh Show Cause Order	The 12 cases listed in Exhibit A have reportedly been settled, but have not been dismissed. The court, accordingly, gives the plaintiffs in those cases until December 6, 2018 to show cause why their case should not be dismissed with prejudice. [Doc. No. 3729]
10/15/2018	Order Re: Prop Remand Group 2 and Discovery Group 7	PSC 2 and Biomet to file joint report re: status of cases omitted from Prop Remand Grp 2 and Discovery Grp 7 and proposed deadlines for Discovery Grp 7 by October 29, 2018. Parties in Giambruno v. Biomet, Case No. 3:16-CV-548, to brief the venue dispute in accordance with the deadlines in this order.
9/24/2018	Order Resetting Nov Status Conference	By agreement of the parties, the November status conference is RESET for November 15, 2018 at 1:15 p.m. (EST). [Doc. No. 3722]
9/21/2018	Transcript of Sep 19, 2018 Status Conference	The original and subsequent copies of the certified transcript are available from the Court Reporter, debra_bonk@innd.uscourts.gov.
9/21/2018	Memo and Order for Sep 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). [Doc. No. 3721]
9/19/2018	JPML Remand Order (Group 1)	Judicial Panel on Multidistrict Litigation Remand Order [Doc. No. 3724]
9/19/2018	Order Re: Defendants' Co-Liaison Counsel	Defendants' unopposed motion to add J. Joseph Tanner, Andrew Campbell, Adrienne Busby and Stephanie Russo as Co-Liaison Counsel [Doc. No. 3718] is GRANTED. [Doc. No. 3720]
9/17/2018	Second Order Re: Prop Discovery Group 7	Sisco et al v. Biomet, Inc et al, Case No. 3:14-cv-196, to be added to the list of cases to be included in Discovery Group 7. [Doc. No. 3713]
9/12/2018	Remote Attendance Order for September Status Conf	Call-in information for the status conference on September 19, 2018 at 1:30 p.m. (E.D.T.). [Doc. No, 3712]
9/11/2018	Dismissal Order	Pursuant to the 6th order to show cause [Doc. No. 3633], and without objection, the cases listed on attached Exhibit A are dismissed with prejudice. [Doc. No. 3711]
9/11/2018	Order Re: Prop Discovery Group 7	The cases listed in attached Exhibit A have not settled and are to be included in Group 7 for case-specific discovery purposes. [Doc. No. 3710]
9/6/2018	Transfer Order (Group 1) 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. [Doc. No. 3709]
9/6/2018	Suggestion of Remand (Group 1) and 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. [Doc. No. 3708]
9/6/2018	Transfer Order in Non-Metal on Metal Device Cases	Pursuant to the court's prior orders and 28 USC 1404(a), the Clerk of Court is ORDERED TO TRANSFER the following cases to the venues agreed upon by the parties and designated in the order: Gearon et al v. Biomet Inc, 3:14cv2099; Glynn et al v. Biomet Inc, 3:15cv491, Petrash v. Biomet Inc, 3:15cv545, and White v. Biomet Inc, 3:16cv115. [Doc. No. 3707]
9/6/2018	Suggestion of Remand in 3:14cv275 Price et al v. Biomet Inc	Pursuant to 28 USC 1407(a) and Panel Rule 10.1(b), the court suggests that the Judicial Panel on Multidistrict Litigation remand this case to the Middle District of Florida. [Doc. No. 3706]
8/24/2018	Order Vacating Direct Filing Provision and Requesting Cessation of Conditional Transfers	Pursuant to the scheduling order issued on April 23, 2018 [Doc. No. 3573], the provisions in Section III of the Feb 15, 2013 and March 14, 2016 Case Mgmt Orders [Doc. Nos. 242 and 3096] allowing direct filing in this Court are VACATED effective September 1, 2018, and no direct filings will be allowed after that date. The court has requested that the Judicial Panel on Multidistrict Litigation also cease the issuance of Conditional Transfer Orders as of that date. [Doc. No. 3651]
8/24/2018	Proposed Order	Any objections to the court's proposed order re: Suggestion of Remand/Explanation to Transferee Courts should be filed by September 4, 2018. [Doc. No. 3652]
8/16/2018	Order Re: Proposed Remand Grp 1	The parties shall have until Aug 31, 2018 to file any objections to: (1) adding Cause Nos. 3:13cv283, 3:13cv1017, 3:14cv1264, and 3:14cv1271 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 order and issuing a suggestion of remand in the cases listed in this order. [Doc. No. 3644]
7/30/2018	Sixth Show Cause Order	The 18 cases listed in Exhibit A have reportedly been settled, but have not been dismissed. The court, accordingly, gives the plaintiffs in those cases until August 29, 2018 to show cause why their case should not be dismissed with prejudice. [Doc. No. 3633]
7/26/2018	Order Resetting Status Conference	Biomet's unopposed motion to reset the August 27 status conference [Doc. No. 3623] is GRANTED, and the status conference is RESET for Wednesday, September 19, 2018, at 1:30 p.m. (E.D.T). [Doc. No. 3631].
7/25/2018	Transcript of July 18, 2018 Status Conference	The original and subsequent copies of the certified transcript are available from the Court Reporter, debra_bonk@innd.uscourts.gov. [Doc. No. 3625]
7/18/2018	Status Conference	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 plaintiffs' lead counsel to file any motion to enforce settlement in Simpson v. Biomet, 3:16cv466, by Aug 9, 2018, and to submit a proposed order re: release of explanted device in Hamilton v. Biomet, 3:14cv962, for the court's approval. Next status conference set for Monday, August 27, 2018 at 1:30 p.m. (EDT). (Minute entry only).
7/12/2018	Remote Attendance Order for July 18, 2018 Status Conference	Call-in information for the July 18, 2018 status conference. [Doc. No. 3619]
5/30/2018	Order Re: Motions for Suggestion of Remand or Transfer in the Taper, ReCap and MoP Cases	For the reasons stated: (1) The motion for a suggestion of remand in Price v. Biomet [Doc. No. 170 in 3:14-CV-275] is GRANTED. (2) The motions for suggestion of remand in Gearon v. Biomet [Doc. No. 163 in 3:14-CV-2099], Glynn v. Biomet [Doc. No. 95 in 3:15-CV-491], Petrash v. Biomet [Doc. No. 94 in 3:15-CV-545], and White v. Biomet [Doc. No. 74 in 3:16-CV-115] are construed as motions to transfer under 28 U.S.C. § 1404(a), and are GRANTED to the extent they seek transfer, without the limiting instruction proposed by Biomet. (3) To the extent the plaintiffs in Glynn v. Biomet and White v. Biomet also seek to consolidate their cases before remand, their motions [Doc. No. 95 in 3:15-CV-491 and Doc. No. 74 in 3:16-CV-115] are DENIED. (4) The Plaintiffs’ Steering Committee, in cooperation with plaintiffs’ local counsel, shall submit a list of the venues to which plaintiffs seek remand or transfer by June 13, 2018, with any objections thereto to be filed on or before June 20, 2018. (5) the court will issue an order on or before June 27, 2018 suggesting remand or transferring jurisdiction to the agreed upon venues, provided any objections have been resolved. [Doc. No. 3595]
5/29/2018	Dismissal Order	Pursuant to the 5th order to show cause [Doc. No. 3575], and without objection, the cases listed on attached Exhibit A are dismissed with prejudice. [Doc. No. 3596]
5/17/2018	Transcript of May 17, 2018 Status Conference	The original and subsequent copies of the certified transcript are available from the Court Reporter, joanne_hoffman@innd.uscourts.gov. [Doc. No. 3626]
5/17/2018	Status Conference	Topics addressed included status of discovery, pending motions, and expert video depositions, and disposition of settled cases. Next status conference set for July 18, 2018 at 1:30 p.m. (EDT). The July 18 conference may be converted to a telephonic conference, if appropriate, at the request of the parties. (Minute entry only).
5/9/2018	Remote Attendance Order for May 17, 2018 Status Conference	Call-in information for the May 17, 2018 status conference. [Doc. No. 3581]
5/7/2018	Order Amending Group 6	The list of cases in Discovery Group 6 (Exh. A to the Apr 23, 2018 Scheduling Order) is amended to include Pendlebury v. Biomet, Inc et al, Case No. 3:13-CV-264. [Doc. No. 3580]
4/24/2018	Fifth Show Cause Order	The four cases listed in Exhibit A have reportedly been settled and fully funded, but have not been dismissed. The court, accordingly, gives the plaintiffs in those cases until May 24, 2018 to show cause why their case should not be dismissed with prejudice. [Doc. No. 3574]
4/23/2018	Scheduling Order and Group 6 Activation Order	This order activates Group 6 (Exh. A) for case specific discovery purposes and establishes deadlines for winding up the MDL proceedings. [Doc. No. 3573]
3/29/2018	Scheduling Order for Summary Judgment Motions	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. [Doc. No. 3553]
3/26/2018	Order Re: expert video depositions and parties' scheduling proposal	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. [Doc. No. 3543]
3/14/2018	Memo and Order for March 12, 2018 Status Conference	Summary of topics discussed and action taken. Next status conference set for May 17, 2018 at 1:00 p.m. (EDT). [Doc. No. 3535]
3/13/2018	Transcript of March 12, 2018 Status Conference	The original and subsequent copies of the certified transcript are available from the Court Reporter, debra_bonk@innd.uscourts.gov. [Doc. No. 3534]
3/8/2018	Remote Attendance Order for March 12, 2018 Status Conference	Call-in information for the March 12, 2018 status conference. [Doc. No. 3530]
2/8/2018	Dismissal Order	Pursuant to the 4th order to show cause [Doc. No. 3490], the cases listed on attached Exhibit A are dismissed with prejudice. [Doc. No. 3512]
2/8/2018	Opinion and Order Re: Biomet's Summary Judgment Motions re: State of the Art Defense and Taper, ReCap and MoP Devices	For the reasons stated in the opinion and order, Biomet's motion for summary judgment related to the Taper, ReCap, and metal-on-polyethylene devices [Doc. No. 3388] and motion for summary judgment related to the state-of-the-art defense [Doc. No. 3390 are DENIED. The plaintiffs in the following member cases have 14 days to advise the court how they wish to proceed, as outlined in the order. [Doc. No. 3511].
2/1/2018	Memo and Order for Jan 30, 2018 Telephonic Status Conference	Summary of topics discussed and action taken. Next status conference set for March 12, 2018 at 1:30 p.m. (EDT). [Doc. No. 3509]
1/30/2018	Transcript of Jan 30, 2018 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. 3506]
1/25/2018	Remote Attendance Order for Jan 30, 2018 Status Conference	Call-in information for the January 30, 2018 status conference at 1:30 pm (EST).
1/8/2018	Amended Group 5 List	Order amending the list of cases in Group 5 for case specific discovery.
1/3/2018	Fourth Show Cause Order	The cases listed in Exhibit A to the Fourth Order to Show Cause have reportedly been settled and fully funded, but have not been dismissed. The court, accordingly, gives the listed plaintiffs 30 days from the date of this order to show cause why their case should not be dismissed with prejudice. [Doc. No. 3490]
12/21/2017	Opinion and Order Re: Expert Opinions	Opinion and Order Re: Motions to Exclude expert opinions and testimony [Doc. Nos. 3381-3386 and 3399]. [Doc. No. 3486]
12/18/2017	Order Resetting Tele Status Conf	December 19, 2017 telephonic status conferense is RESET for January 30, 2018 at 1:30 p.m. (EST).
12/18/2017	Group 5 Activation Order	Identifies cases to be included in Group 5 for purposes of case-specific discovery and related deadlines.
12/12/2017	Remote Attendance Order for Dec 19, 2017 Telephonic Status Conference	Call-in information for the telephonic status conference on December 19, 2017 at 1:30 pm (EST).
10/27/2017	Transcript of Oct 26, 2017 Status Conference	The original and subsequent copies of the certified transcript are available from the Court Reporter, debra_bonk@innd.uscourts.gov. [Doc. No. 3468]
10/26/2017	Status Conference	Topics addressed included status of discovery and pending motions. Next telephonic status conference set for December 19, 2017 at 1:30 p.m. (EST). (Minute entry only).
10/23/2017	Remote Attendance Order for Oct 26, 2017 Status Conference	Call-in information for the Oct 26, 2017 status conference at 1:30 pm (EDT).
8/31/2017	Dismissal Order	Pursuant to the 3rd order to show cause, and without objection, the cases listed on attached Exhibit 1 are dismissed with prejudice. [Doc. No. 3447]
8/28/2017	Memo and Order for Aug 24, 2017 Status Conference	Summary of topics discussed and action taken. Next status conference set for October 26, 2017 at 1:30 p.m. (EDT). [Doc. No. 3436]
8/24/2017	Transcript of Aug 24, 2017 Status Conference	The original and subsequent copies of the certified transcript are available from the Court Reporter, debra_bonk@innd.uscourts.gov. [Doc. No. 3423]
7/18/2017	Remote Attendance Order for Aug 24, 2017 Telephonic Status Conference	Call-in information for the Aug 24, 2017 status conference at 1:00 pm (EDT).
7/26/2017	Third Show Cause Order	PSCII and Biomet have identified several cases that have settled and been fully funded, but have not been dismissed (Exhibit A). The court, accordingly, gives the plaintiffs listed in Exhibit A 30 days from the date of this order to show cause why their case should not be dismissed with prejudice. [Doc. No. 3398]
7/18/2017	Order re: Admin of Beasley Allen Settlements	Order granting Unopposed Motion to Administer Settlements Resolving Cases and Claims of Beasley Allen, P.C. Plaintiffs [Doc. No. 3370] and appointing ARX Management, LLC as Fund Administrator.
7/14/2017	Memo 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).
7/13/2017	Transcript of July 13, 2017 Status Conference	The original and subsequent copies of the certified transcript are available from the Court Reporter, debra_bonk@innd.uscourts.gov. [Doc. No. 3379]
7/12/2017	Termination of Appt to PSC II	Order granting attorney William Jordan's motion to withdraw from PSCII. [Doc. No. 3376]
7/10/2017	Remote Attendance Order for July 13, 2017 Status Conference	Call-in information for the July 13, 2017 status conference at 9:30 am (EDT).
6/15/2017	Order Extending Deadline	Defendants' unopposed motion to extend the deadline to file motions challenging general expert Dr. George Kantor [Doc. No. 3354] is GRANTED. Motions due July 31, 2017; response due Aug 31, 2017; reply due Sep 11, 2017. [Doc. No. 3355].
6/12/2017	Order Withdrawing Motions	Motions to seal and related documents withdrawn in 3:12md2391 and member cases listed in Exh. A.
5/3/2017	Amended Order	Amending memorandum and order re: pro se Hrg [Doc. No. 3327], and directing that Grenier v. Biomet, No. 3:13cv87, and Fiacco et al v. Biomet, No. 3:13cv1092 be dismissed with prejudice. [Doc. No. 3329]
4/28/2017	Memo and Order for Apr 24, 2017 Pro Se Hrg and Status Conference	Summary of topics discusses and action taken. Next status conference set for July 13, 2017 at 9:30 a.m. (EDT). [Doc. No. 3327]
4/25/2017	Transcript of Apr 24, 2017 Pro Se Hrg and Status Conf	The original and subsequent copies of the certified transcript are available from the Court Reporter, debra_bonk@innd.uscourts.gov. [Doc. No. 3321]
4/21/2017	Remote Attendance Order for April 24, 2017 Status Conference	Call-in information for the April 24, 2017 status conference at 1:30 pm (EDT) (immediately following the hearing regarding pro se cases).
4/7/2017	Group 4 Activation Order	Identifies cases to be included in Group 4 for purposes of case-specific discovery and related deadlines. [Doc. No. 3314]
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	Telephonic Status Conference	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).
3/26/2017	Statute of Limitations - Opinion and Order in 3:12cv570	Opinion and Order denying Defendants' motion for summary judgment re: statute of limitations.
3/26/2017	Statute of Limitations - Opinion and Order in 3:14cv1055	Opinion and Order granting in part and denying in part Defendants' motion for summary judgment re: statute of limitations.
3/26/2017	Statute of Limitations - Opinion and Order in 3:14cv1470	Opinion and Order granting Defendants' motion for summary judgment re: statute of limitations.
3/26/2017	Statute of Limitations - Opinion and Order in 3:14cv1784	Opinion and Order denying Defendants' motion for summary judgment re: statute of limitations.
3/26/2017	Statute of Limitations - Opinion and Order in 3:14cv1983	Opinion and Order granting Defendants' motion for summary judgment re: statute of limitations.
3/26/2017	Statute of Limitations - Opinion and Order in 3:15cv218	Opinion and Order granting in part and denying in part Defendants' motion for summary judgment re: statute of limitations.
3/26/2017	Statute of Limitations - Opinion and Order in 3:15cv434	Opinion and Order granting in part and denying in part Defendants' motion for summary judgment re: statute of limitations.
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.).
3/1/2017	Spoliation - Opinion and Order in 3:14cv768, 3:14cv1647, 3:14cv1712, 3:14cv1783, 3:14cv2057, and 3:15cv147	Opinion and Order denying Defendants' motions for summary judgment re: spoliation.
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. [Doc. No. 3283]
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. [Doc. No. 3272]
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.). [Dpc. No. 3273]
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].
9/23/2016	Case Status Report	In response to the court's Aug 31, 2016 order [Doc. No. 3220], the Plaintiffs' Steering Committee and Biomet Defendants submit their report re: status of the 173 pending cases identified in Exh. A. [Doc. No. 3226].
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.
8/31/2016	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. [Doc. No. 3220].
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]
3/16/2016	Transcript of March 14, 2016 Status Conference	Printable copies are available from the Court Reporter, Debra_Bonk@innd.uscourts.gov. [Doc. No. 3098]
3/14/2016	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]. (Note: Sections I and IV of this order were amended by interlineation on March 27, 2020 [Doc. No. 3841]).
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].
1/3/2014	Production Certification	Biomet Defendants' Certification Pursuant to the Court's December 10, 2013 Order. [Doc. No. 1164]
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 and Order for June 17, 2013 Status Conference	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. [Doc. No. 242]
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.

United States District Court

Northern District of Indiana

Honorable Holly A. Brady, Chief Judge | Chanda J. Berta, Clerk of Court

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In Re: Biomet M2A Magnum Hip Implant Products Liability Litigation