This case was last updated from PACER on 12/23/2018 at 07:37:34 (UTC).

Chappell, Ph.D. et al v. Biomet, Inc. et al

Case Summary

On 10/24/2018 Chappell, Ph D filed a Property - Real Property Product Liability lawsuit against Biomet, Inc. This case was filed in U.S. District Courts, Missouri Western District. The Judges overseeing this case are John T. Maughmer and Nanette K. Laughrey. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:18-CV-00839

  • Filing Date:

    10/24/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Real Property Product Liability

  • Court:

    U.S. District Courts

  • Courthouse:

    Missouri Western District

Judge Details

Presiding Judges

John T. Maughmer

Nanette K. Laughrey

 

Party Details

Plaintiffs

Jennifer Chappell

Andrew Chappell Ph.D.

Defendants

Biomet, Inc.

Biomet Manufacturing, LLC

Biomet U.S. Reconstruction, LLC

Alabama Medical Consultants, Inc.

John Cuckler, MD

Zimmer Biomet Holdings, Inc.

Biomet Orthopedics, LLC

John Cuckler

Attorney/Law Firm Details

Plaintiff Attorney

Brian S Franciskato

Attorney at Nash & Franciskato Law Firm

Two Pershing Square, 2300 Main Street, Ste. 170

Kansas City, MO 64108

Defendant Attorneys

Michelle M Tessier

Attorney at Faegre Baker Daniels LLP - Minneapolis

90 South Seventh Street, 2200 Wells Fargo Center

Minneapolis, MN 55402

John Joseph Tanner

Attorney at Faegre Baker Daniels LLP - Indianapolis

300 N. Meridian Street, Suite 2700

Indianapolis, IN 46204

Thomas J Joensen

Attorney at Faegre Baker Daniels LLP - Des Moines

801 Grand Avenue, 33Rd Floor

Des Moines, IA 50309

Stephanie A Koltookian

Attorney at Faegre Baker Daniels LLP - Des Moines

801 Grand Avenue, 33Rd Floor

Des Moines, IA 50309

Mary Elizabeth Kellett

Attorney at HeplerBroom LLC-StL

One Metropolitan Square, 211 North Broadway, Suite 2700

St. Louis, MO 63102

Meg L. Fowler

Attorney at HeplerBroom LLC-StL

One Metropolitan Square, 211 North Broadway, Suite 2700

St. Louis, MO 63102

 

Court Documents

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT against Alabama Medical Consultants, Inc., Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc., John Cuckler, MD, Zimmer Biomet Holdings, Inc. filed by Brian S Franciskato on behalf of Jennifer Chappell, Andrew Chappell Ph.D. Filing fee $400, receipt number AMOWDC-6003333. Service due by 1/22/2019 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet)(Franciskato, Brian) (Entered: 10/24/2018)

2 #1

MAP General Order

#2

(#2) NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Woods, Gloria) (Entered: 10/24/2018)

#4

(#4) NOTICE of appearance by Meg L. Fowler on behalf of All Defendants (Attorney Meg L. Fowler added to party Alabama Medical Consultants, Inc.(pty:dft), Attorney Meg L. Fowler added to party Biomet Manufacturing, LLC(pty:dft), Attorney Meg L. Fowler added to party Biomet Orthopedics, LLC(pty:dft), Attorney Meg L. Fowler added to party Biomet U.S. Reconstruction, LLC(pty:dft), Attorney Meg L. Fowler added to party Biomet, Inc.(pty:dft), Attorney Meg L. Fowler added to party John Cuckler(pty:dft), Attorney Meg L. Fowler added to party Zimmer Biomet Holdings, Inc.(pty:dft))(Fowler, Meg) (Entered: 11/12/2018)

#5

(#5) ORDER ON PRETRIAL PROCEDURES. Signed on 11/13/18 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) (Entered: 11/13/2018)

#6

(#6) ORDER entered by Judge Nanette K. Laughrey. Proposed scheduling order due by 12/4/2018. Rule 26 conference due by 11/27/2018. Signed on 11/13/18 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) (Entered: 11/13/2018)

#7

(#7) RETURN OF WAIVER OF SERVICE filed by Jennifer Chappell, Andrew Chappell Ph.D.. Waiver sent to All Defendants. (Franciskato, Brian) (Entered: 11/27/2018)

#8

(#25) ORDER granting #8 , #10 , #11 , & #12 motion to appear pro hac vice entered by Clerk of Court. Attorneys M Elizabeth Dyer Kellett, Stephanie A Koltookian, John Joseph Tanner and Michelle M Tessier for defendants allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Geiser, Angel) (Entered: 12/06/2018)

32 #2

Exhibit

32 #1

Exhibit

20 #1

Exhibit Declaration of John M. Cuckler, M.D. in Support of Cuckler Defendants

32 #3

Exhibit

#32

(#32) SUGGESTIONS in opposition re #20 MOTION to dismiss for lack of jurisdiction filed by Brian S Franciskato on behalf of Plaintiffs Jennifer Chappell, Andrew Chappell Ph.D.. Reply suggestions due by 1/2/2019 unless otherwise directed by the court. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Related document(s) #20 ) (Franciskato, Brian) (Entered: 12/18/2018)

#20

(#32) SUGGESTIONS in opposition re #20 MOTION to dismiss for lack of jurisdiction filed by Brian S Franciskato on behalf of Plaintiffs Jennifer Chappell, Andrew Chappell Ph.D.. Reply suggestions due by 1/2/2019 unless otherwise directed by the court. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Related document(s) #20 ) (Franciskato, Brian) (Entered: 12/18/2018)

#9

(#31) ORDER granting #9 motion to appear pro hac vice entered by Clerk of Court. Attorney Thomas J Joensen for defendants allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Geiser, Angel) (Entered: 12/12/2018)

#28

(#28) MOTION for extension of time filed by Meg L. Fowler on behalf of Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc., Zimmer Biomet Holdings, Inc.. Suggestions in opposition/response due by 12/26/2018 unless otherwise directed by the court. (Attachments: # 1 Exhibit Exhibit A - Proposed Order)(Fowler, Meg) Modified on 12/12/2018: The proposed order attached to the motion has been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in Word format. NEF regenerated. (Melvin, Greg) (Entered: 12/11/2018)

#29

(#29) DESIGNATION OF MEDIATOR naming Faustin A. Pipal Jr.(Franciskato, Brian) (Entered: 12/11/2018)

26 More Documents Available

 

Docket Entries

  • 12/18/2018
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  • (#32) SUGGESTIONS in opposition re #20 MOTION to dismiss for lack of jurisdiction filed by Brian S Franciskato on behalf of Plaintiffs Jennifer Chappell, Andrew Chappell Ph.D.. Reply suggestions due by 1/2/2019 unless otherwise directed by the court. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Related document(s) #20 ) (Franciskato, Brian) (Entered: 12/18/2018)

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  • 12/12/2018
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  • (#31) ORDER granting #9 motion to appear pro hac vice entered by Clerk of Court. Attorney Thomas J Joensen for defendants allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Geiser, Angel) (Entered: 12/12/2018)

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  • 12/12/2018
  • NOTICE of filing: Mediation and Assessment Program Reminder: Your post-mediation status report is due within 10 calendar days after the mediation. See MAP FAQs on Court's website for specifics and submit report(s) to: map@mow.uscourts.gov. (ADI, MAP) (Entered: 12/12/2018)

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  • 12/11/2018
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  • (#30) ORDER by Judge Nanette K. Laughrey. The parties' joint motion (Doc. #28 ) to extend the time for Defendants to answer or otherwise respond to the complaint is GRANTED. Defendants' response to the complaint must be filed on or before December 24, 2018. This is a TEXT ONLY ENTRY. No document is attached. (Sreeprakash, Netra) (Entered: 12/11/2018)

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  • 12/11/2018
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  • (#29) DESIGNATION OF MEDIATOR naming Faustin A. Pipal Jr.(Franciskato, Brian) (Entered: 12/11/2018)

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  • 12/11/2018
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  • (#28) MOTION for extension of time filed by Meg L. Fowler on behalf of Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc., Zimmer Biomet Holdings, Inc.. Suggestions in opposition/response due by 12/26/2018 unless otherwise directed by the court. (Attachments: # 1 Exhibit Exhibit A - Proposed Order)(Fowler, Meg) Modified on 12/12/2018: The proposed order attached to the motion has been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in Word format. NEF regenerated. (Melvin, Greg) (Entered: 12/11/2018)

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  • 12/07/2018
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  • (#27) RULES OF TRIAL. Signed on 12/7/18 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) (Entered: 12/07/2018)

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  • 12/07/2018
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  • (#26) SCHEDULING ORDER: Discovery due by 8/7/2019. Dispositive Motions due by 8/28/2019. Pretrial Conference set for 1/9/2020 at 01:00 PM. Jury Trial set for 1/21/2020 at 09:00 PM. Signed on 12/7/18 by District Judge Nanette K. Laughrey. (Attachments: #1 Memo on PTC) (Matthes Mitra, Renea) (Entered: 12/07/2018)

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  • 12/06/2018
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  • (#25) ORDER granting #8 , #10 , #11 , & #12 motion to appear pro hac vice entered by Clerk of Court. Attorneys M Elizabeth Dyer Kellett, Stephanie A Koltookian, John Joseph Tanner and Michelle M Tessier for defendants allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Geiser, Angel) (Entered: 12/06/2018)

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  • 12/06/2018
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  • (#24) MINUTE ENTRY. Teleconference held before the Hon. Nanette K. Laughrey on December 6, 2018, regarding the Joint Proposed Scheduling and Jury Trial Order, Doc. #21 . Mr. Franciskato explained that the parties proposed a lengthy schedule in this case because counsel on both sides have numerous jury trials scheduled in similar cases throughout the country. Although counsel for the plaintiff intends to take approximately five depositions specific to Plaintiff's claims, counsel for the defendants noted that, because this case was not in the multidistrict litigation, Defendants have taken no discovery from the plaintiff, and therefore they still intend to take a significant number of depositions. The Court will reduce the time requested in the joint proposed scheduling order to encourage the parties to be ready for trial within the time period ordinarily permitted by the Court. If the parties require additional time, they may move for extensions for good cause. Appearances: Plaintiffs by Brian Franciskato. Defendants by Stephanie Koltookian, Beth Kellett, and Joe Tanner. Court Reporter: None. Courtroom Deputy: Renea Matthes Mitra. (Text entry only) (Matthes Mitra, Renea) (Entered: 12/06/2018)

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15 More Docket Entries
  • 11/28/2018
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  • (#8) Motion to allow M. Elizabeth Dyer Kellett to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6051376) filed by Meg L. Fowler on behalf of All Defendants. (Fowler, Meg) (Main Document 8 replaced on 12/6/2018) (Geiser, Angel). (Entered: 11/28/2018)

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  • 11/27/2018
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  • (#7) RETURN OF WAIVER OF SERVICE filed by Jennifer Chappell, Andrew Chappell Ph.D.. Waiver sent to All Defendants. (Franciskato, Brian) (Entered: 11/27/2018)

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  • 11/14/2018
  • NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP) (Entered: 11/14/2018)

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  • 11/13/2018
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  • (#6) ORDER entered by Judge Nanette K. Laughrey. Proposed scheduling order due by 12/4/2018. Rule 26 conference due by 11/27/2018. Signed on 11/13/18 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) (Entered: 11/13/2018)

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  • 11/13/2018
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  • (#5) ORDER ON PRETRIAL PROCEDURES. Signed on 11/13/18 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) (Entered: 11/13/2018)

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  • 11/12/2018
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  • (#4) NOTICE of appearance by Meg L. Fowler on behalf of All Defendants (Attorney Meg L. Fowler added to party Alabama Medical Consultants, Inc.(pty:dft), Attorney Meg L. Fowler added to party Biomet Manufacturing, LLC(pty:dft), Attorney Meg L. Fowler added to party Biomet Orthopedics, LLC(pty:dft), Attorney Meg L. Fowler added to party Biomet U.S. Reconstruction, LLC(pty:dft), Attorney Meg L. Fowler added to party Biomet, Inc.(pty:dft), Attorney Meg L. Fowler added to party John Cuckler(pty:dft), Attorney Meg L. Fowler added to party Zimmer Biomet Holdings, Inc.(pty:dft))(Fowler, Meg) (Entered: 11/12/2018)

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  • 11/09/2018
  • (#3) NOTICE OF REASSIGNMENT from Magistrate Judge John T. Maughmer to District Judge Nanette K. Laughrey. Please note the new case number: 18-839-CV-W-NKL. (Melvin, Greg) (Entered: 11/09/2018)

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  • 10/24/2018
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  • (#2) NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Woods, Gloria) (Entered: 10/24/2018)

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  • 10/24/2018
  • NOTICE OF MAGISTRATE ASSIGNMENT e-mailed to plaintiff's attorney, B. Franciskato. This is a docket entry only. No document is attached. Magistrate Return due by 11/14/2018 unless otherwise directed by the court. (Woods, Gloria) (Entered: 10/24/2018)

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  • 10/24/2018
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  • (#1) COMPLAINT against Alabama Medical Consultants, Inc., Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc., John Cuckler, MD, Zimmer Biomet Holdings, Inc. filed by Brian S Franciskato on behalf of Jennifer Chappell, Andrew Chappell Ph.D. Filing fee $400, receipt number AMOWDC-6003333. Service due by 1/22/2019 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet)(Franciskato, Brian) (Entered: 10/24/2018)

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