Willams v. Cuckler et al

Filing 15

ORDER denying without prejudice 13 Defendants Biomet, Inc., Biomet Orthopedics, LLC, Biomet Manufacturing, LLC and Biomet U.S. Reconstruction, LLC's Motion to Stay Pending Transfer to Multidistrict Proceedings. Signed by Magistrate Judge Carol Mirando on 5/27/2016. (ANW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DEBRA WILLAMS,
Plaintiff,
v.

Case No: 2:16-cv-391-FtM-38CM

JOHN CUCKLER, ALABAMA
MEDICAL CONSULTANTS, INC.,
GERALD R. CARTER, CARTER
ORTHOPEDICS, INC., BIOMET,
INC., BIOMET ORTHOPEDICS,
LLC, BIOMET U.S.
RECONSTRUCTION, LLC and
BIOMET MANUFACTURING,
LLC,
Defendants.
ORDER
Before the Court is Defendants Biomet, Inc., Biomet Orthopedics, LLC, Biomet
Manufacturing, LLC and Biomet U.S. Reconstruction, LLC's Motion to Stay Pending
Transfer to Multidistrict Proceedings (Doc. 13), filed on May 26, 2016.

For the

reasons set forth below, Defendants’ motion is denied without prejudice.
Local Rule 3.01(g), United States District Court, Middle District of Florida,
requires that each motion filed in a civil case, with certain enumerated exceptions
not at issue here, contain a statement “stating whether counsel agree on the
resolution of the motion.” M.D. Fla. R. 3.01(g). The Court notes that the motion
does not include a certification pursuant to Rule 3.01(g) that Defendants conferred
with opposing counsel in good faith prior to filing the motion and whether opposing

counsel agrees to the requested relief. Accordingly, the Court will deny without
prejudice Defendants’ motion for failure to comply with the local rules.
ACCORDINGLY, it is hereby
ORDERED:
Defendants Biomet, Inc., Biomet Orthopedics, LLC, Biomet Manufacturing,
LLC and Biomet U.S. Reconstruction, LLC's Motion to Stay Pending Transfer to
Multidistrict Proceedings (Doc. 13) is DENIED without prejudice. Defendants may
re-file their motion in accordance with the local rules.
DONE and ORDERED in Fort Myers, Florida on this 27th day of May, 2016.

Copies:
Counsel of record

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