Werner et al v. Exactech, Inc. et al
Plaintiff: Barry Werner and Susan D. Werner
Defendant: Exactech, Inc. and Exactech US, Inc.
Case Number: 1:2023cv01374
Filed: May 23, 2023
Court: US District Court for the District of Maryland
Presiding Judge: A David Copperthite
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1441 Petition for Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 8, 2023 Opinion or Order Filing 19 MDL Certified Transfer ORDER. Signed by Judge John W. Nichols, Clerk of the Panel on 6/5/2023. (dg3s, Deputy Clerk)
June 8, 2023 Opinion or Order Filing 18 PAPERLESS ORDER CANCELLING Show Cause Hearing re: #16 Order to Show Cause. Signed by Magistrate Judge A. David Copperthite on 6/8/2023. (dg3s, Deputy Clerk)
June 8, 2023 Opinion or Order Filing 17 PAPERLESS ORDER CANCELLING Show Cause Hearing re: #15 Order to Show Cause. Signed by Magistrate Judge A. David Copperthite on 6/8/2023. (dg3s, Deputy Clerk)
June 8, 2023 Case transferred to the USDC for the Eastern District of New York. Original file, copy of transfer order, and docket sheet sent. (dg3s, Deputy Clerk)
June 7, 2023 Opinion or Order Filing 16 ORDER directing Barry Werner, Susan D. Werner to show cause for failure to comply with #Standing Order 2019-07. Show Cause Hearing set for 7/28/2023 02:00 PM in (proceed to the Clerk's Office to determine the location of the hearing) before the Chambers Judge. This Order shall be vacated if Barry Werner, Susan D. Werner files a consent or declination prior to the show cause hearing date. Signed by Magistrate Judge A. David Copperthite on 6/7/2023. (dg3s, Deputy Clerk)
June 7, 2023 Opinion or Order Filing 15 ORDER directing Exactech US, Inc., Exactech, Inc. to show cause for failure to comply with #Standing Order 2019-07. Show Cause Hearing set for 7/28/2023 02:00 PM in (proceed to the Clerk's Office to determine the location of the hearing) before the Chambers Judge. This Order shall be vacated if Exactech US, Inc., Exactech, Inc. files a consent or declination prior to the show cause hearing date. Signed by Magistrate Judge A. David Copperthite on 6/7/2023. (dg3s, Deputy Clerk)
May 23, 2023 Filing 14 MOTION to Stay Proceedings Pending Transfer to Multidistrict Litigation by Exactech US, Inc., Exactech, Inc. (Attachments: #1 Memorandum in Support Brief in Support, #2 Text of Proposed Order Proposed Order)(Frederick, James)
May 23, 2023 Filing 13 Local Rule 103.3 Disclosure Statement by Exactech US, Inc., Exactech, Inc. identifying Other Affiliate TPG, Inc. for Exactech US, Inc., Exactech, Inc..(Frederick, James)
May 23, 2023 Opinion or Order Filing 12 Case Management Order. Signed by Magistrate Judge A. David Copperthite on 5/23/2023. (dg3s, Deputy Clerk)
May 23, 2023 Filing 11 NOTICE of Case Assignment. This case has been assigned to Magistrate Judge A. David Copperthite. Barry Werner, Susan D. Werner or counsel for Barry Werner, Susan D. Werner are required to review and comply with the Magistrate Judge Pilot Project Procedures which can be downloaded #here. Pursuant to Standing Order 2019-07, which can be downloaded #here, counsel has 14 days from the date of this notice to file their consent, or decline to consent to proceed before a U.S. Magistrate Judge which can be downloaded #here. To file your consent, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Consent to Proceed Before a Magistrate Judge. To file your declination, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Decline to Proceed Before a Magistrate Judge. Failure to file a consent or declination will result in issuance of an Order to Show Cause. Please review the case management order that has been issued in this case. Magistrate Election Form due by 6/6/2023. (dg3s, Deputy Clerk)
May 23, 2023 Filing 10 NOTICE of Case Assignment. This case has been assigned to Magistrate Judge A. David Copperthite. Exactech US, Inc., Exactech, Inc. or counsel for Exactech US, Inc., Exactech, Inc. are required to review and comply with the Magistrate Judge Pilot Project Procedures which can be downloaded #here. Pursuant to Standing Order 2019-07, which can be downloaded #here, counsel has 14 days from the date of this notice to file their consent, or decline to consent to proceed before a U.S. Magistrate Judge which can be downloaded #here. To file your consent, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Consent to Proceed Before a Magistrate Judge. To file your declination, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Decline to Proceed Before a Magistrate Judge. Failure to file a consent or declination will result in issuance of an Order to Show Cause. Please review the case management order that has been issued in this case. Magistrate Election Form due by 6/6/2023. (dg3s, Deputy Clerk)
May 23, 2023 Filing 9 Clerk's Notice of Standing Order concerning removal actions filed in this Court, which can be downloaded #here. (dg3s, Deputy Clerk)
May 23, 2023 Filing 8 STATE COURT COMPLAINT against Exactech US, Inc., Exactech, Inc., filed by Barry Werner, Susan D. Werner.(dg3s, Deputy Clerk)
May 23, 2023 Filing 7 QC NOTICE: #4 Notice (Other) filed by Exactech US, Inc., Exactech, Inc. was filed incorrectly. **Wrong event used. When docketing the Local Rule 103.3 Disclosure Statement please use the correct event (Other Filings -> Other Documents -> Local 103.3 Disclosure Statement). ALL Corporate parent and affiliates MUST be entered when prompted by CM/ECF to do so if needed. It has been noted as FILED IN ERROR, and the document link has been disabled. (dg3s, Deputy Clerk)
May 23, 2023 Filing 6 QC NOTICE: #3 Memorandum, filed by Exactech US, Inc., Exactech, Inc., #2 Motion to Stay filed by Exactech US, Inc., Exactech, Inc. was filed incorrectly. **The Motion and Memorandum in Support should not be filed separately. The Motion should be the main document and the Memorandum as an attachment. Also pursuant to Local Rule 105.1, all Motions must be accompanied with a proposed order as well. Please re-file the Motion with the Memorandum and Proposed Order. It has been noted as FILED IN ERROR, and the document link has been disabled. (dg3s, Deputy Clerk)
May 23, 2023 Filing 5 QC NOTICE: #1 Notice of Removal, filed by Exactech US, Inc., Exactech, Inc. was filed incorrectly. **State court documents needed to be separated. All state court documents must be properly labeled and filed as separate attachments to the notice of removal (i.e. Exhibit 1 - State Court Complaint, Exhibit 2 - State Court Summons Issued. etc). Your filing has been accepted by court staff. NO ACTION is required on your part at this time for this QC Notice. All further filings in this case must be made in accordance with the policies and procedures of this Court on electronic filing. (dg3s, Deputy Clerk)
May 23, 2023 Filing 4 [FILED IN ERROR] NOTICE by Exactech US, Inc., Exactech, Inc. CORPORATE DISCLOSURE STATEMENT (Frederick, James) Modified on 5/23/2023 (dg3s, Deputy Clerk).
May 23, 2023 Filing 3 [FILED IN ERROR] Memorandum re #2 MOTION to Stay Proceedings Pending Transfer to Multidistrict Litigation BRIEF IN SUPPORT OF MOTION TO STAY PROCEEDGINS PENDING TRANSFER TO MULTIDISTRICT LITIGATION filed by Exactech US, Inc., Exactech, Inc..(Frederick, James) Modified on 5/23/2023 (dg3s, Deputy Clerk).
May 23, 2023 Filing 2 [FILED IN ERROR] MOTION to Stay Proceedings Pending Transfer to Multidistrict Litigation by Exactech US, Inc., Exactech, Inc.(Frederick, James) Modified on 5/23/2023 (dg3s, Deputy Clerk).
May 23, 2023 Filing 1 NOTICE OF REMOVAL from Circuit Court for Wicomico County, Maryland, case number C-22-CV-23-000112. ( Filing fee $ 402 receipt number AMDDC-10615688), filed by Exactech US, Inc., Exactech, Inc.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Frederick, James)
May 23, 2023 THE ABOVE DOCUMENTS (8) ARE COPIES OF ORIGINAL PAPERS FILED IN THE CIRCUIT COURT FOR WICOMICO COUNTY, MARYLAND. (dg3s, Deputy Clerk)
May 23, 2023 Case Assigned to Magistrate Judge A. David Copperthite. (kos, Deputy Clerk)

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Plaintiff: Barry Werner
Represented By: Edward Field Simon
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Plaintiff: Susan D. Werner
Represented By: Edward Field Simon
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Defendant: Exactech, Inc.
Represented By: James A Frederick
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Defendant: Exactech US, Inc.
Represented By: James A Frederick
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