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This case was last updated from PACER on 12/01/2019 at 07:09:01 (UTC).

Thomas v. Biomet, Inc. et al

Case Summary

On 10/02/2019 Thomas filed a Personal Injury - Other Product Liability lawsuit against Biomet, Inc. This case was filed in U.S. District Courts, Illinois Northern District. The Judge overseeing this case is Robert M. Dow, Jr. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:19-CV-06549

  • Filing Date:

    10/02/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

  • Court:

    U.S. District Courts

  • Courthouse:

    Illinois Northern District

Judge Details

Presiding Judge

Robert M. Dow, Jr

 

Party Details

Plaintiff

Marilyn Thomas

Defendants

Biomet, Inc.

Biomet Manufacturing, LLC

Biomet U.S. Reconstruction, LLC

Alabama Medical Consultants, Inc.

John Cuckler, MD

Biomet Orthopedics, LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Ilyas Sayeg PHV

Attorney at Maglio Christopher & Toale PA

1605 Main St Ste 710

Sarasota, FL 34236

Altom M Maglio PHV

Attorney at Maglio Christopher & Toale PA

1605 Main St Ste 710

Sarasota, FL 34236

Michele S Stephan PHV

Attorney at Maglio Christopher & Toale PA

1605 Main St Ste 710

Sarasota, FL 34236

Brian S Franciskato PHV

Attorney at Nash and Franciskato Law Firm

2300 Main St Ste 170

Kansas City, MO 64108

Ben Adam Crane

Attorney at Coplan & Crane, Ltd.

1111 Westgate Street

Oak Park, IL 60301

Brian S Franciskato

Attorney at Nash & Franciskato Law Firm

Two Pershing Square, 2300 Main Street, Ste. 170

Kansas City, MO 64108

Ervin Bryce Nevitt

Attorney at Coplan & Crane, Ltd.

1111 Westgate Street

Oak Park, IL 60301

Randy W James

Attorney at Risjord & James, P.C.

10680 Barkley, Suite 100

Overland Park, KS 66212

Defendant Attorneys

Stephanie N Russo

Attorney at Faegre Baker Daniels LLP - Ind/IN/300/2700

300 N Meridian St Ste 2700

Indianapolis, IN 46204-1782

Adrienne Franco Busby

Attorney at Faegre Baker Daniels LLP - Ind/IN/300/2700

300 N Meridian St Ste 2700

Indianapolis, IN 46204-1782

John Joseph Tanner

Attorney at Faegre Baker Daniels Llp

300 N. Meridian St., Suite 2700

Indianapolis, IN 46204

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 LaDue Curran & Kuehn LLC

100 E. Wayne Street, Suite 300

South Bend, IN 46601

Andrew L Campbell

Attorney at Faegre Baker Daniels LLP

300 N. Meridian St., Suite 2500

Indianapolis, IN 46204

Heather Lyn Burgess

Attorney at Faegre Baker Daniels Llp

311 S. Wacker Dr., Ste. 4300

Chicago, IL 60606

Ruben Ignacio Gonzalez

Attorney at Faegre Baker Daniels LLP

311 S. Wacker Drive, Suite 4300

Chicago, IL 60606

John David LaDue

Attorney at SouthBank Legal: LaDue Curran & Kuehn

100 E Wayne St Ste 300

South Bend, IN 46601

John A. Roberts

Attorney at Faegre Baker Daniels, LLP

311 S. Wacker Drive, Suite 4300

Chicago, IL 60606-1229

3 More Attorneys Available

 

Court Documents

#60

(#60) MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the recent correspondence from counsel, this case remains set for further status hearing in January 2020. However, on the Court's own motion and due to the Court's trial calendar, the status hearing set for 1/13/2020 is reset to 1/21/2020 at 10:30 a.m. Mailed notice. notice (cdh, ) (Entered: 11/08/2019)

#59

(#59) MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held on 10/21/2019 and continued to 1/13/2020 at 10:30 a.m. to set pre-trial deadlines, fact discovery cut-off date, and expert schedule. By 11/4/2019, parties to notify the Court as to whether they would like a referral to Magistrate Judge Valdez for settlement conference or whether they will be seeking mediation. Motion for leave to appear pro hac vice #57 is granted. Parties' oral motion for agreed protective order is granted. Counsel to submit an agreed proposed order. Mailed notice (cdh, ) (Entered: 10/23/2019)

#58

(#58) STATUS Report Joint by Marilyn Thomas (James, Randy) (Entered: 10/17/2019)

#57

(#57) MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16348830. (James, Randy) (Entered: 10/17/2019)

#56

(#56) ATTORNEY Appearance for Defendants Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. by Ruben Ignacio Gonzalez (Gonzalez, Ruben) (Entered: 10/17/2019)

#55

(#55) ATTORNEY Appearance for Plaintiff Marilyn Thomas by Ervin Bryce Nevitt (Nevitt, Ervin) (Entered: 10/17/2019)

#54

(#54) ATTORNEY Appearance for Plaintiff Marilyn Thomas by Ben Adam Crane (Crane, Ben) (Entered: 10/17/2019)

#53

(#53) ATTORNEY Appearance for Defendants Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. by John A. Roberts (Roberts, John) (Entered: 10/17/2019)

#52

(#52) ATTORNEY Appearance for Defendants Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. by Heather Lyn Burgess (Burgess, Heather) (Entered: 10/15/2019)

#8

(#8) ORDER: The parties shall have to and including 8/31/18 to file any objections they may have to: (1) adding 3:13-CV-283, 3:13-CV-1017, 3:14-CV-1264, and 3:14-CV-1271 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 list and issuing a suggestion of remand in the cases listed above . Signed by Judge Robert L Miller, Jr on 8/16/18. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 10/2/2019.] (Entered: 08/16/2018)

#7

(#7) ORDER The Defendants' ( 3623 in 3:12-md-02391-RLM-MGG) Consent MOTION to reset Status Conference is GRANTED. The Status Conference is RESET 9/19/2018 at 1:30 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Signed by Judge Robert L Miller, Jr on 7/26/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 10/2/2019.] (Entered: 07/26/2018)

#5

(#5) Remote Attendance Order for July 18, 2018 Status Conference Call in information for the hearing on 7/18/2018 at 1:30 PM (EDT). Signed by Judge Robert L Miller, Jr on 7/12/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 10/2/2019.] (Entered: 07/12/2018)

4 #1

Supplement

#4

(#4) WAIVER OF SERVICE Returned Executed by Marilyn Thomas. All Defendants answer due date 8/20/2018. (Attachments: #1 Supplement)(Maglio PHV, Altom) Modified on 7/5/2018 to add answer due date(nae). [Transferred from Indiana Northern on 10/2/2019.] (Entered: 07/03/2018)

#3

(#3) NOTICE of Appearance by Erin Linder Hanig on behalf of Alabama Medical Consultants, Inc., Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc., John Cuckler, MD (Hanig, Erin) [Transferred from Indiana Northern on 10/2/2019.] (Entered: 06/26/2018)

#2

(#2) NOTICE of Appearance by John D LaDue on behalf of Alabama Medical Consultants, Inc., Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc., John Cuckler, MD (LaDue, John) [Transferred from Indiana Northern on 10/2/2019.] (Entered: 06/26/2018)

1 #1

Civil Cover Sheet

#1

(#9) ANSWER to #1 Complaint by Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc..(Hanig, Erin) [Transferred from Indiana Northern on 10/2/2019.] (Entered: 08/20/2018)

57 More Documents Available

 

Docket Entries

  • 11/08/2019
  • View Court Documents
  • (#60) MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the recent correspondence from counsel, this case remains set for further status hearing in January 2020. However, on the Court's own motion and due to the Court's trial calendar, the status hearing set for 1/13/2020 is reset to 1/21/2020 at 10:30 a.m. Mailed notice. notice (cdh, ) (Entered: 11/08/2019)

    Read MoreRead Less
  • 10/23/2019
  • View Court Documents
  • (#59) MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held on 10/21/2019 and continued to 1/13/2020 at 10:30 a.m. to set pre-trial deadlines, fact discovery cut-off date, and expert schedule. By 11/4/2019, parties to notify the Court as to whether they would like a referral to Magistrate Judge Valdez for settlement conference or whether they will be seeking mediation. Motion for leave to appear pro hac vice #57 is granted. Parties' oral motion for agreed protective order is granted. Counsel to submit an agreed proposed order. Mailed notice (cdh, ) (Entered: 10/23/2019)

    Read MoreRead Less
  • 10/17/2019
  • View Court Documents
  • (#58) STATUS Report Joint by Marilyn Thomas (James, Randy) (Entered: 10/17/2019)

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  • 10/17/2019
  • View Court Documents
  • (#57) MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16348830. (James, Randy) (Entered: 10/17/2019)

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  • 10/17/2019
  • View Court Documents
  • (#56) ATTORNEY Appearance for Defendants Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. by Ruben Ignacio Gonzalez (Gonzalez, Ruben) (Entered: 10/17/2019)

    Read MoreRead Less
  • 10/17/2019
  • View Court Documents
  • (#55) ATTORNEY Appearance for Plaintiff Marilyn Thomas by Ervin Bryce Nevitt (Nevitt, Ervin) (Entered: 10/17/2019)

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  • 10/17/2019
  • View Court Documents
  • (#54) ATTORNEY Appearance for Plaintiff Marilyn Thomas by Ben Adam Crane (Crane, Ben) (Entered: 10/17/2019)

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  • 10/17/2019
  • View Court Documents
  • (#53) ATTORNEY Appearance for Defendants Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. by John A. Roberts (Roberts, John) (Entered: 10/17/2019)

    Read MoreRead Less
  • 10/15/2019
  • View Court Documents
  • (#52) ATTORNEY Appearance for Defendants Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc. by Heather Lyn Burgess (Burgess, Heather) (Entered: 10/15/2019)

    Read MoreRead Less
  • 10/07/2019
  • View Court Documents
  • (#51) MINUTE entry before the Honorable Robert M. Dow, Jr: Initial status hearing is set for 10/21/2019 at 10:30 a.m. and parties are to report the following: (1) Possibility of settlement in the case; (2) If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial. Plaintiff is to advise all other parties of the Courts action herein. Lead counsel is directed to appear at this status hearing. The parties are requested to file a joint status report by 10/17/2019. For further details see the Court's website available at www.ilnd.uscourts.gov. Mailed notice (cdh, ) (Entered: 10/07/2019)

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42 More Docket Entries
  • 08/20/2018
  • View Court Documents
  • (#9) ANSWER to #1 Complaint by Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc..(Hanig, Erin) [Transferred from Indiana Northern on 10/2/2019.] (Entered: 08/20/2018)

    Read MoreRead Less
  • 08/16/2018
  • View Court Documents
  • (#8) ORDER: The parties shall have to and including 8/31/18 to file any objections they may have to: (1) adding 3:13-CV-283, 3:13-CV-1017, 3:14-CV-1264, and 3:14-CV-1271 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 list and issuing a suggestion of remand in the cases listed above . Signed by Judge Robert L Miller, Jr on 8/16/18. Associated Cases: 3:12-md-02391-RLM-MGG et al. (dk) [Transferred from Indiana Northern on 10/2/2019.] (Entered: 08/16/2018)

    Read MoreRead Less
  • 07/26/2018
  • View Court Documents
  • (#7) ORDER The Defendants' ( 3623 in 3:12-md-02391-RLM-MGG) Consent MOTION to reset Status Conference is GRANTED. The Status Conference is RESET 9/19/2018 at 1:30 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Signed by Judge Robert L Miller, Jr on 7/26/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 10/2/2019.] (Entered: 07/26/2018)

    Read MoreRead Less
  • 07/18/2018
  • (#6) TELEPHONE CONFERENCE held on 7/18/2018 before Judge Robert L Miller, Jr. Pla appeared by atty A. Davis, N. Ward. Dft appeared by atty E. Hanig, J. LaDue, J. Winter. 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 plaintiff's counsel to file any motion to enforce settlement in Simpson v. Biomet, 3:16cv466, by Aug 9, 2018. Next status conference set for Aug 27, 2018 at 1:30 p.m. (EDT) before Judge Robert L Miller Jr. (Court Reporter D. Bonk.) Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 10/2/2019.] (Entered: 07/18/2018)

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  • 07/12/2018
  • View Court Documents
  • (#5) Remote Attendance Order for July 18, 2018 Status Conference Call in information for the hearing on 7/18/2018 at 1:30 PM (EDT). Signed by Judge Robert L Miller, Jr on 7/12/18. Associated Cases: 3:12-md-02391-RLM-MGG et al.(jld) [Transferred from Indiana Northern on 10/2/2019.] (Entered: 07/12/2018)

    Read MoreRead Less
  • 07/03/2018
  • View Court Documents
  • (#4) WAIVER OF SERVICE Returned Executed by Marilyn Thomas. All Defendants answer due date 8/20/2018. (Attachments: #1 Supplement)(Maglio PHV, Altom) Modified on 7/5/2018 to add answer due date(nae). [Transferred from Indiana Northern on 10/2/2019.] (Entered: 07/03/2018)

    Read MoreRead Less
  • 06/26/2018
  • View Court Documents
  • (#3) NOTICE of Appearance by Erin Linder Hanig on behalf of Alabama Medical Consultants, Inc., Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc., John Cuckler, MD (Hanig, Erin) [Transferred from Indiana Northern on 10/2/2019.] (Entered: 06/26/2018)

    Read MoreRead Less
  • 06/26/2018
  • View Court Documents
  • (#2) NOTICE of Appearance by John D LaDue on behalf of Alabama Medical Consultants, Inc., Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet U.S. Reconstruction, LLC, Biomet, Inc., John Cuckler, MD (LaDue, John) [Transferred from Indiana Northern on 10/2/2019.] (Entered: 06/26/2018)

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  • 06/21/2018
  • Judge Robert L Miller, Jr and Magistrate Judge Michael G Gotsch, Sr added. (NEW CASE) (jld) [Transferred from Indiana Northern on 10/2/2019.] (Entered: 06/21/2018)

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  • 06/20/2018
  • View Court Documents
  • (#1) COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 receipt number 0755-3599844.), filed by Marilyn Thomas. (Attachments: #1 Civil Cover Sheet)(Maglio PHV, Altom) [Transferred from Indiana Northern on 10/2/2019.] (Entered: 06/20/2018)

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