UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

SOUTH BEND DIVISION

In re: BIOMET M2A MAGNUM 

HIP IMPLANT PRODUCTS LIABILITY 

LITIGATION (MDL 2391)

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CAUSE NO. 3:12-MD-02391

PLAINTIFFS’ STEERING COMMITTEE’S MOTION TO MODIFY

CASE MANAGEMENT ORDER NO 3. REGARDING 

PLAINTIFFS’ ORGANIZATIONAL STRUCTURE

Co-Lead Counsel and the Plaintiffs Steering Committee (collectively 

hereinafter “PSC II”), on behalf of all Participating Counsel and Plaintiffs in the 

Biomet M2A Mangum Hip Implant Products Liability Litigation, respectfully move 

the Court to modify Case Management Order No. 3 (Dkt. 2909, May 27, 2015) as 

follows: (1) Appoint a Plaintiffs’ Executive Committee consisting of PSC II 

members Navan Ward, Brenda Fulmer, Justin Presnal, and Ahmed Diab; (2) 

Terminate the appointment of John Fiske; and (3) Terminate the PSC II 

appointment of Altom Maglio.

I. Background

The Court’s order of May 27, 2015 comprehensively and accurately sets 

forth the history of Plaintiffs’ leadership in this MDL proceeding. For the most 

part, PSC II has no objection to the Court’s order, but respectfully requests that 

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the Court modify its order to create a Plaintiffs’ Organizational Structure that 

PSC II believes will facilitate the most efficient means of managing this MDL.

II. Proposed Organizational Structure

A. Plaintiffs’ Executive Committee

The Court entered an order on December 5, 2012, outlining the 

organizational structure for Plaintiffs’ counsel for what the Court and others 

have come to call “PSC I.” That order created both a Plaintiffs’ Steering 

Committee and a Plaintiffs’ Executive Committee, among other things. The 

Court’s recent order appoints a new steering committee – PSC II – but does not 

establish a Plaintiffs’ Executive Committee.

Co-Lead Counsel Mr. Ward and Ms. Fulmer, along with the other 

members of PSC II, believe that appointing a Plaintiffs’ Executive Committee will 

assist them in more efficiently managing this litigation. PSC II respectfully 

requests that the Court modify CMO 3 to appoint a Plaintiffs’ Executive 

Committee (PEC II) consisting of Mr. Ward, Ms. Fulmer, Mr. Presnal, and Mr. 

Diab.

B. Mr. Fiske’s and Mr. Diab’s appointments.

CMO 3 appointed both Mr. Diab and Mr. John Fiske, both of Gomez Trial 

Attorneys in San Diego, California, to leadership positions in PSC II. The Court 

invited Mr. Diab and Mr. Fiske to elect which of them would serve as Liaison 

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Counsel, and advise the Court and Biomet’s lead counsel of that election by June 

15.

In discussions following the entry of CMO 3, PSC II does not believe it is 

necessary for both Mr. Diab and Mr. Fiske to be appointed to PSC II. Mr. Diab 

will continue to serve, and is requesting that he be appointed to PEC II since he 

will be involved in the day-to-day activities of this MDL. 

With respect to the appointment of a Plaintiffs’ Liaison Counsel, PSC II 

believes that the duties of a Liaison Counsel can be fulfilled by the members of 

PEC II directly without the necessity of a specified Plaintiffs’ Liaison Counsel. 

However, if the Court prefers that someone serve in that role for the Plaintiffs’, 

Mr. Diab is willing to do so.

C. Mr. Maglio’s PSC II appointment.

CMO 3 also appointed Altom Maglio of Maglio Christopher & Toale, PA 

as a member of PSC II, noting that Mr. Maglio was counsel in a number of 

remaining cases. On June 4, 2015, Mr. Maglio filed an Application for 

Withdrawal from PSC II, stating prior commitments in other matters would 

preclude him from adequately serving on PSC II. The Court has not yet ruled on 

his application.

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In addition to the concerns Mr. Maglio expressed in his Application for 

Withdrawal, Mr. Maglio withdrew from several of his cases currently pending in 

this MDL, and Mr. Diab substituted in as lead counsel in those matters. 

For these reasons, PSC II supports Mr. Maglio’s Application for 

Withdrawal of his appointment to PSC II and requests that the Court terminate 

his appointment.

III. Conclusion

For the reasons explained in this motion, PSC II respectfully requests that 

the Court modify CMO 3 as follows:

1. Appoint a Plaintiffs’ Executive Committee consisting of Navan 

Ward, Brenda Fulmer, Justin Presnal and Ahmed Diab.

2. Appoint Mr. Diab as a member of PSC II and terminate the 

appointment of John Fiske.

3. If the Court desires to appoint a Plaintiffs’ Liaison Counsel, that Mr. 

Diab be appointed in that capacity.

4. Terminate Altom Maglio’s appointment as a member of PSC II.

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Dated: June 15, 2015 Respectfully submitted,

/s/ Navan Ward Jr. .

Navan Ward Jr.

BEASLEY ALLEN CROW METHVIN 

 PORTIS & MILES, P.C.

218 Commerce Street

Montgomery, AL 36103

Telephone: (334) 269-2343

Facsimile: (334) 954-7555

Email: navan.ward@beasleyallen.com

/s/ Brenda S. Fulmer .

Brenda S. Fulmer

SEARCY DENNEY SCAROLA BARNHART

 & SHIPLEY, PA

2139 Palm Lakes Blvd.

West Palm Beach, FL 33409

Telephone: (561) 686-6300

Facsimile: (561) 478-0754

Email: bsf@searcylaw.com

Plaintiffs’ Co-Lead Counsel

on behalf of the Plaintiffs’ Steering 

Committee (PSC II)

CERTIFICATE OF SERVICE

I hereby certify that on June 15, 2015, the foregoing was electronically filed 

with the Clerk of the Court using the CM/ECF system, which provided 

electronic service upon all counsel of record.

/s/ Navan Ward Jr. .

Navan Ward Jr.

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