This case was last updated from PACER on 11/26/2019 at 07:24:16 (UTC).

Ferguson v. Biomet, Inc. et al

Case Summary

On 09/27/2019 Ferguson filed a Personal Injury - Other Product Liability lawsuit against Biomet, Inc. This case was filed in U.S. District Courts, Kentucky Western District. The Judge overseeing this case is Charles R. Simpson, III. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:19-CV-00693

  • Filing Date:

    09/27/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

  • Courthouse:

    Kentucky Western District

Judge Details

Presiding Judge

Charles R. Simpson, III

 

Party Details

Plaintiff

Jennifer Ferguson

Defendants

Biomet U.S. Reconstruction, LLC

Biomet Orthopedics, LLC

Biomet, Inc.

Biomet Manufacturing, LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Matthew L. White

Attorney at Gray & White

713 E. Market Street, Suite 200

Louisville, KY 40202

Mark K. Gray

Attorney at Gray & White

713 E. Market Street, Suite 200

Louisville, KY 40202

Jacob E. Levy

Attorney at Kaufman & Stigger, PLLC

713 E. Market Street, Suite 200

Louisville, KY 40202

Defendant Attorneys

John D. LaDue

Attorney at SouthBank Legal: LaDue Curran & Kuehn

100 E Wayne St Ste 300

South Bend, IN 46601

Erin Linder Hanig

Attorney at SouthBank Legal: LaDue Curran & Kuehn

100 E Wayne St Ste 300

South Bend, IN 46601

David T. Schaefer

Attorney at Dinsmore & Shohl LLP - Louisville

101 S. Fifth Street, Suite 2500

Louisville, KY 40202

Emily T. Dodane

Attorney at Faegre Baker Daniels LLP - Indianapolis

300 N. Meridan Street, Suite 2700

Indianapolis, IN 46204

Paige N. Johnson

Attorney at Dinsmore & Shohl LLP - Louisville

101 S. Fifth Street, Suite 2500

Louisville, KY 40202

Matthew T. Albaugh

Attorney at Faegre Baker Daniels LLP - Indianapolis

300 N. Meridan Street, Suite 2700

Indianapolis, IN 46204

J. Joseph Tanner

Attorney at Faegre Baker Daniels LLP - Indianapolis

300 N. Meridan Street, Suite 2700

Indianapolis, IN 46204

Adrienne Franco Busby

Attorney at Faegre Baker Daniels LLP - Indianapolis

300 N. Meridan Street, Suite 2700

Indianapolis, IN 46204

Andrew L. Campbell

Attorney at Faegre Baker Daniels LLP - Indianapolis

300 N. Meridan Street, Suite 2700

Indianapolis, IN 46204

Stephanie N. Russo

Attorney at Faegre Baker Daniels LLP - Indianapolis

300 N. Meridan Street, Suite 2700

Indianapolis, IN 46204

 

Court Documents

#66

(#66) Joint REPORT of Rule 26(f) Planning Meeting by Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc.. (Johnson, Paige) (Entered: 11/22/2019)

#65

(#65) ORDER by Senior Judge Charles R. Simpson III on 10/23/2019 - Attorneys Andrew L. Campbell, Erin Linder Hanig, J. Joseph Tanner, John D. LaDue, and Stephanie Russo are WITHDRAWN as counsel of record on behalf of the Biomet defendants. The Clerk of Court is DIRECTED to REMOVE Attorneys Andrew L. Campbell, Erin Linder Hanig, J. Joseph Tanner, John D. LaDue, and Stephanie Russo from service of documents filed in this matter. cc: Counsel of Record (KD) (Entered: 10/24/2019)

#64

(#64) RESPONSE to re #55 Notice of Deficiency, #54 Notice of Deficiency, #58 Notice of Deficiency, #56 Notice of Deficiency, #57 Notice of Deficiency filed by Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc.. (Johnson, Paige) (Entered: 10/22/2019)

61 #1

Exhibit A - Affidavit

#58

(#58) ATTORNEY NOTICE of Deficiency issued to Attorney Stephanie N. Russo re #52 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 10/11/2019. (JM) (Entered: 09/27/2019)

#57

Remark - Attorney Notices of Deficiency having not been complied with were resent to counsel -- #54 Andrew L. Campbell, #55 Erin Linder Hanig, #56 J. Joseph Tanner, #57 John D. LaDue, and #58 Stephanie N. Russo.cc: Counsel (RLK) (Entered: 10/22/2019)

#56

Remark - Attorney Notices of Deficiency having not been complied with were resent to counsel -- #54 Andrew L. Campbell, #55 Erin Linder Hanig, #56 J. Joseph Tanner, #57 John D. LaDue, and #58 Stephanie N. Russo.cc: Counsel (RLK) (Entered: 10/22/2019)

#55

Remark - Attorney Notices of Deficiency having not been complied with were resent to counsel -- #54 Andrew L. Campbell, #55 Erin Linder Hanig, #56 J. Joseph Tanner, #57 John D. LaDue, and #58 Stephanie N. Russo.cc: Counsel (RLK) (Entered: 10/22/2019)

#54

Remark - Attorney Notices of Deficiency having not been complied with were resent to counsel -- #54 Andrew L. Campbell, #55 Erin Linder Hanig, #56 J. Joseph Tanner, #57 John D. LaDue, and #58 Stephanie N. Russo.cc: Counsel (RLK) (Entered: 10/22/2019)

#9

(#9) SCHEDULING ORDER - This order activates Group 6 (Exh. A) for case specific discovery purposes and establishes deadlines for winding up the MDL proceedings. Signed by Judge Robert L Miller, Jr on 4/23/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(ksc) [Transferred from innd on 9/27/2019.] (Entered: 04/24/2018)

#8

(#8) ORDER GRANTING 3560 Motion for Extension of Time to File. Parties given to and including April 11, 2018 to file the joint proposed scheduling order. Signed by Judge Robert L Miller, Jr on 4/10/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 9/27/2019.] (Entered: 04/10/2018)

#7

(#7) ORDER 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.. Signed by Judge Robert L Miller, Jr on 3/29/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 9/27/2019.] (Entered: 03/30/2018)

#6

(#6) 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. Signed by Judge Robert L Miller, Jr on 3/26/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 9/27/2019.] (Entered: 03/26/2018)

#5

(#5) NOTICE of Appearance by John D LaDue on behalf of Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. (LaDue, John) [Transferred from innd on 9/27/2019.] (Entered: 03/16/2018)

#4

(#4) NOTICE of Appearance by Erin Linder Hanig on behalf of Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. (Hanig, Erin) [Transferred from innd on 9/27/2019.] (Entered: 03/16/2018)

#3

(#3) MEMORANDUM AND ORDER FOR MARCH 12, 2018 STATUS CONFERENCE Summary of topics discussed and action taken. Next status conference set for Thursday, May 17, 2018 at 1:00 p.m. (EDT).. Signed by Judge Robert L Miller, Jr on 3/14/2018. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 9/27/2019.] (Entered: 03/14/2018)

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT with JURY DEMAND against Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc.( Filing fee $ 400 receipt number 0755-3506964.), filed by Jennifer Ferguson. (Attachments: #1 Civil Cover Sheet)(Levy PHV, Jacob) [Transferred from innd on 9/27/2019.] (Entered: 03/08/2018)

58 More Documents Available

 

Docket Entries

  • 11/22/2019
  • View Court Documents
  • (#66) Joint REPORT of Rule 26(f) Planning Meeting by Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc.. (Johnson, Paige) (Entered: 11/22/2019)

    Read MoreRead Less
  • 10/24/2019
  • View Court Documents
  • (#65) ORDER by Senior Judge Charles R. Simpson III on 10/23/2019 - Attorneys Andrew L. Campbell, Erin Linder Hanig, J. Joseph Tanner, John D. LaDue, and Stephanie Russo are WITHDRAWN as counsel of record on behalf of the Biomet defendants. The Clerk of Court is DIRECTED to REMOVE Attorneys Andrew L. Campbell, Erin Linder Hanig, J. Joseph Tanner, John D. LaDue, and Stephanie Russo from service of documents filed in this matter. cc: Counsel of Record (KD) (Entered: 10/24/2019)

    Read MoreRead Less
  • 10/22/2019
  • View Court Documents
  • (#64) RESPONSE to re #55 Notice of Deficiency, #54 Notice of Deficiency, #58 Notice of Deficiency, #56 Notice of Deficiency, #57 Notice of Deficiency filed by Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc.. (Johnson, Paige) (Entered: 10/22/2019)

    Read MoreRead Less
  • 10/22/2019
  • View Court Documents
  • (#63) TEXT ORDER by Senior Judge Charles R. Simpson, III on 10/22/2019, GRANTING #61 and #62 Motions for Emily T. Dodane and Matthew T. Albaugh to Appear Pro Hac Vice on behalf of the Defendants. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(RLK) (Entered: 10/22/2019)

    Read MoreRead Less
  • 10/22/2019
  • View Court Documents
  • Remark - Attorney Notices of Deficiency having not been complied with were resent to counsel -- #54 Andrew L. Campbell, #55 Erin Linder Hanig, #56 J. Joseph Tanner, #57 John D. LaDue, and #58 Stephanie N. Russo.cc: Counsel (RLK) (Entered: 10/22/2019)

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  • 10/21/2019
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  • (#62) MOTION for Matthew T. Albaugh to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2966194. by Defendants Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. (Attachments: #1 Exhibit A - Affidavit, #2 Exhibit B - Certificate of Good Standing, #3 Proposed Order) (Johnson, Paige) (Entered: 10/21/2019)

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  • 10/21/2019
  • View Court Documents
  • (#61) MOTION for Emily T. Dodane to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2966186. by Defendants Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. (Attachments: #1 Exhibit A - Affidavit, #2 Exhibit B - Certificate of Good Standing, #3 Proposed Order) (Johnson, Paige) (Entered: 10/21/2019)

    Read MoreRead Less
  • 10/16/2019
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  • (#60) ORDER FOR MEETING & REPORT (EBOC) by Senior Judge Charles R. Simpson III - To fulfill your obligations under Rule 26, you must complete the enclosed Report of the Parties' Planning Meeting and return it to the Court by November 26, 2019. cc: Counsel of Record (KD) (Entered: 10/16/2019)

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  • 10/08/2019
  • View Court Documents
  • (#59) NOTICE of Appearance by David T. Schaefer on behalf of Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. (Schaefer, David) (Entered: 10/08/2019)

    Read MoreRead Less
  • 09/27/2019
  • View Court Documents
  • (#58) ATTORNEY NOTICE of Deficiency issued to Attorney Stephanie N. Russo re #52 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 10/11/2019. (JM) (Entered: 09/27/2019)

    Read MoreRead Less
49 More Docket Entries
  • 04/23/2018
  • View Court Documents
  • (#9) SCHEDULING ORDER - This order activates Group 6 (Exh. A) for case specific discovery purposes and establishes deadlines for winding up the MDL proceedings. Signed by Judge Robert L Miller, Jr on 4/23/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(ksc) [Transferred from innd on 9/27/2019.] (Entered: 04/24/2018)

    Read MoreRead Less
  • 04/10/2018
  • View Court Documents
  • (#8) ORDER GRANTING 3560 Motion for Extension of Time to File. Parties given to and including April 11, 2018 to file the joint proposed scheduling order. Signed by Judge Robert L Miller, Jr on 4/10/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 9/27/2019.] (Entered: 04/10/2018)

    Read MoreRead Less
  • 03/29/2018
  • View Court Documents
  • (#7) ORDER 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.. Signed by Judge Robert L Miller, Jr on 3/29/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 9/27/2019.] (Entered: 03/30/2018)

    Read MoreRead Less
  • 03/26/2018
  • View Court Documents
  • (#6) 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. Signed by Judge Robert L Miller, Jr on 3/26/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 9/27/2019.] (Entered: 03/26/2018)

    Read MoreRead Less
  • 03/16/2018
  • View Court Documents
  • (#5) NOTICE of Appearance by John D LaDue on behalf of Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. (LaDue, John) [Transferred from innd on 9/27/2019.] (Entered: 03/16/2018)

    Read MoreRead Less
  • 03/16/2018
  • View Court Documents
  • (#4) NOTICE of Appearance by Erin Linder Hanig on behalf of Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. (Hanig, Erin) [Transferred from innd on 9/27/2019.] (Entered: 03/16/2018)

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  • 03/14/2018
  • View Court Documents
  • (#3) MEMORANDUM AND ORDER FOR MARCH 12, 2018 STATUS CONFERENCE Summary of topics discussed and action taken. Next status conference set for Thursday, May 17, 2018 at 1:00 p.m. (EDT).. Signed by Judge Robert L Miller, Jr on 3/14/2018. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 9/27/2019.] (Entered: 03/14/2018)

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  • 03/12/2018
  • (#2) STATUS CONFERENCE held on 3/12/2018 before Judge Robert L Miller, Jr. Pla appeared by attys Jasper Ward (in person), Brenda Fulmer and Ahmad Diab (by phone). Dft appeared by attys Erin Hanig, John LaDue, and John Winter (all in person). The Court hears from parties. Status Conference set for 5/17/2018 at 1:00 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Written order to follow.(Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from innd on 9/27/2019.] (Entered: 03/12/2018)

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  • 03/12/2018
  • Judge Robert L Miller, Jr and Magistrate Judge Michael G Gotsch, Sr added. (NEW CASE) (jld) [Transferred from innd on 9/27/2019.] (Entered: 03/12/2018)

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  • 03/08/2018
  • View Court Documents
  • (#1) COMPLAINT with JURY DEMAND against Biomet Manufacturing LLC, Biomet Orthopedics LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc.( Filing fee $ 400 receipt number 0755-3506964.), filed by Jennifer Ferguson. (Attachments: #1 Civil Cover Sheet)(Levy PHV, Jacob) [Transferred from innd on 9/27/2019.] (Entered: 03/08/2018)

    Read MoreRead Less
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