Johnson v. Biomet, Inc., et al.

Filing 108

ORDER granting 107 Motion to Extend Stay and Deadlines. Stay is hereby GRANTED through and including 2/28/2021. In the event this case is not resolved or dismissed by that date, the parties shall file a Notice of Case Status within fourteen days of 1/28/2021. Signed by Judge Gloria M. Navarro on 11/16/2020. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:19-cv-00534-GMN-EJY Document 108 Filed 11/16/20 Page 1 of 5

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7408 West Sahara Avenue
Las Vegas, Nevada 89117
702-228-2600• Fax [phone]

BENSON BERTOLDO BAKER & CARTER

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BRETT A. CARTER, ESQ.
Nevada Bar No. 5904
LINDSAY K. CULLEN, ESQ.
Nevada Bar No. 12364
BERTOLDO BAKER CARTER & SMITH
7408 West Sahara Avenue
Las Vegas, Nevada 89117
Phone [phone]
Fax [phone]
[e-mail] and
[e-mail]
Attorneys for Plaintiff
MARY JOHNSON
NASH AND FRANCISKATO LAW FIRM
Brian S. Franciskato (Pro Hac Vice)
Randy James (Pro Hac Vice)
2300 Main Street, Suite 170
Kansas City, MO 64108
Attorneys for Plaintiff
MARY JOHNSON
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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MARY JOHNSON,
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Plaintiff,

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18 v.

19 JOHN CUCKLER, M.D.; ALABAMA
MEDICAL CONSULTANTS, INC.;
20 BIOMET, INC.; BIOMET
ORTHOPEDICS, LLC; BIOMET U.S.
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RECONSTRUCTION, LLC; AND BIOMET
22 MANUFACTURING, LLC;
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Defendants.

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Case No.2:19-cv-00534-GMN-GWF
Complaint Filed: May 09, 2017
Transferred: March 29, 2019

JOINT MOTION TO EXTEND STAY PENDING
PARTICIPATION IN SETTLEMENT PROGRAM

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The Parties, through counsel, respectfully request that the Court enter an order extending the
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stay in this matter through and including February 28, 2021, to allow the Parties herein to complete
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Case 2:19-cv-00534-GMN-EJY Document 108 Filed 11/16/20 Page 2 of 5

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their participation in a settlement program. In support, the Parties state as follows:
1.

The above-captioned action is one of a number of cases pending across the country

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involving the Biomet M2a hip replacement system.
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2.

As the Court knows, Plaintiff’s and Defendants’ counsel have reached an agreement

on a settlement program.
3.

Counsel believe this settlement program is the most efficient method to provide an

opportunity to resolve all of the cases without the resource-intensive case-by-case trial workup that

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has historically taken place to resolve any previous suits between counsel. In an effort to avoid the

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7408 West Sahara Avenue
Las Vegas, Nevada 89117
702-228-2600• Fax [phone]

BENSON BERTOLDO BAKER & CARTER

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time and expense, the Parties’ agreement calls for a neutral third party to review eligible claimant’s

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medical records and make allocations, which serve as settlement offers.
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4.

Due to the number of claims, the number of different jurisdictions involved, the

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varying stages of litigation for each case, and the work necessary to review the claims and make

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settlement offers, the program has taken and will continue to take many months to work through.

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5.

The above-captioned matter is currently successfully engaged in participation in the

settlement program and the parties desire to continue the settlement process.
6.

The Parties’ respectfully request that the Court extend the stay this case including all

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deadlines through and including February 28, 2021 to allow the Parties an opportunity to continue
participation in the settlement program and, potentially, resolve this matter without further Court
involvement.
7.

To the extent the Parties have not resolved and/or dismissed this matter by then, the

Parties agree to file a Notice of Case Status within fourteen (14) days of February 28, 2021 to apprise
the Court of the status of settlement negotiations and, if necessary, request a Case Management

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conference to schedule deadlines in this Matter.
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8.

This request is made in good faith and is not for purposes of undue delay. No party
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Case 2:19-cv-00534-GMN-EJY Document 108 Filed 11/16/20 Page 3 of 5

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will be prejudiced by the granting of the requested stay. The parties agree that a stay would best
conserve the parties’ and Court’s resources.

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WHEREFORE, the Parties respectfully request that the Court enter an order extending the
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7408 West Sahara Avenue
Las Vegas, Nevada 89117
702-228-2600• Fax [phone]

BENSON BERTOLDO BAKER & CARTER

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stay in this matter through February 28, 2021.
Dated: November 16, 2020
By: /s/ Tarifa B. Laddon, Esq.
TARIFA B. LADDON (Pro Hac Vice)
[e-mail]
THEODORE O’REILLY ( Pro Hac Vice)
[e-mail]
FAEGRE DRINKER BIDDLE &
REATH LLP
1800 Century Park East, Suite 1500
Los Angeles, CA 90067
Attorneys for Defendants

By: /s/ Lindsay K. Cullen, Esq.
BRETT A. CARTER, ESQ.
Nevada Bar No. 5904
LINDSAY K. CULLEN, ESQ
Nevada Bar No. 12364
7408 West Sahara Avenue
Las Vegas, NV 89117
T: 702-228-2600
F: 702-228-2333
[e-mail]
Brian S. Franciskato
NASH & FRANCISKATO LAW FIRM
2300 Main Street, Ste 170
Kansas City, MO 64108
T: 816-221-6600
F: 816-221-6612
[e-mail]
Attorneys for Plaintiff

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CERTIFICATE OF SERVICE

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I hereby certify that on November 16, 2020, I electronically filed the foregoing document

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with the Clerk of the Court using CM/ECF system which will send notification of such filing to all

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attorneys of record.

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/s/Jodi Farr _________

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Case 2:19-cv-00534-GMN-EJY Document 108 Filed 11/16/20 Page 4 of 5

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7408 West Sahara Avenue
Las Vegas, Nevada 89117
702-228-2600• Fax [phone]

BENSON BERTOLDO BAKER & CARTER

8

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BRETT A. CARTER, ESQ.
Nevada Bar No. 5904
LINDSAY K. CULLEN, ESQ.
Nevada Bar No. 12364
BERTOLDO BAKER CARTER & SMITH
7408 West Sahara Avenue
Las Vegas, Nevada 89117
Phone [phone]
Fax [phone]
[e-mail] and
[e-mail]
Attorneys for Plaintiff
MARY JOHNSON
NASH AND FRANCISKATO LAW FIRM
Brian S. Franciskato (Pro Hac Vice)
Randy James (Pro Hac Vice)
2300 Main Street, Suite 170
Kansas City, MO 64108
Attorneys for Plaintiff
MARY JOHNSON
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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MARY JOHNSON,
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Plaintiff,

18 v.
19 JOHN CUCKLER, M.D.; ALABAMA
MEDICAL CONSULTANTS, INC.;
20 BIOMET, INC.; BIOMET
ORTHOPEDICS, LLC; BIOMET U.S.
21 RECONSTRUCTION, LLC; AND BIOMET
22 MANUFACTURING, LLC;
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Defendants.

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)
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)
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)
)
)
)
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/

Case No.2:19-cv-00534-GMN-GWF
Complaint Filed: May 9, 2017
Transferred: March 29, 2019

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ORDER GRANTING JOINT MOTION TO EXTEND STAY PENDING
PARTICIPATION IN SETTLEMENT PROGRAM

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Case 2:19-cv-00534-GMN-EJY Document 108 Filed 11/16/20 Page 5 of 5

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This matter came before the Court on the Parties’ Joint Motion to Extend Stay Pending
Participation in Settlement Program. The Court having considered said Motion and being duly

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advised in the premises now finds and orders as follows:
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1.

The Parties’ Joint Motion to Extend Stay is hereby GRANTED through and including

February 28, 2021;
2.

In the event this case is not resolved or dismissed by February 28, 2021, the parties

shall file a Notice of Case Status within fourteen days of February 28, 2021 apprising the Court of

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the status of settlement negotiations and if necessary, request a Case Management Conference to set

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7408 West Sahara Avenue
Las Vegas, Nevada 89117
702-228-2600• Fax [phone]

BENSON BERTOLDO BAKER & CARTER

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new deadlines in this matter.
DONE AND ORDERED this ___ day of November, 2020.
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_____________________________________
Gloria M. Navarro, District Judge
UNITED STATES DISTRICT COURT

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Copies to:
All Parties of Record via Electronic Service

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