Patterson v. Exactech, Inc.
| Kevin G. Patterson |
| Exactech, Inc. |
| 1:2022cv06095 |
| October 17, 2022 |
| US District Court for the Eastern District of New York |
| Nicholas G Garaufis |
| Marcia M Henry |
| Tort Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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| Filing 67 Letter in response to the Courts December 6, 2022 Order by Patrice Bindel, Daniel E. Carson, Paul H. Uhle, Nue Gega, Trashe Gega, Gary J. Cheramie, Annette Dellanno, Domenic Dellanno, Paul Dunleavy, Wendy Dunleavy, Ray H. Dovell, Jr, Robert Hodge, Jr, Tammy L. Hodge, Miroslabia Perez, Betty Carol Clark, Alice Laws, Willie Laws, Richard Haunss, Charles Church, Elaine Church, Joti Allen, Alison Maresca, Domenick Maresca, Diane Fassler, Jeffrey Fassler, Judy Palmer, Constance R. Furey, William P. Furey, Mary Christina Ross, Bjorn von Euler, Sharon von Euler, Anthony Cristiano, Kathleen Cristiano, Mary Cirrito, Michael Cirrito, Monica West, Walter West, Deborah McBride, Donald McBride, Jimmy Afzali, Donna M. Reyes, Richard Reilly, Elizabeth Beasley, Thomas Beasley, Lawrence Berger, Kevin G. Patterson, Carol Lappen, David Zeevalk, Dawn Zeevalk, Rosemary Proscia, Christopher Proscia, Christina Chance, Alexander Berger, Rona Berger, Clayton Wilder, George Wilson, Valerie Wilson, Alison Gelfand, Lewis Gelfand, Stephen Decorte, Susan Decorte, Emanuel Cervelli, Robert Rhodes, Kevin Kenney, Laura Kenney, Caroline Riley, Margaret Slanovec, Ivan Hoyos, Joseph Centineo, Corrine Sexton, Joseph Sexton, James Obrien, Geraldine Billups, Charles M Agro, Annette Alberti, Joseph Alberti, Lawrence Batherwich, Andrew Bellian, Karen S Bellian, Allen Bellone, Lucille Bellone, Kenneth M. Bernstein, Jacob Brickman, Katherine Briscoe, Cynthia Brown, Norman Brown, James B. Burke, Brian Camp, Cynthia Camp, Laquiesha Carolina, Bernadette Chance, Charles R. Cuneo, Joanne Cuneo, Lawrence Daly, Irene Danow, Keven Danow, Melissa Davis, Walton R. Diven, Jimmy Flowers, Jr, Julia Flowers, Lee Foxwell, Rex A. Foxwell, Jack Gehm, Leneatha Carole Glass, Steven Glass, Mark Goldman, Henri Gourd, John Greene, Amedeo Guglielmo, Theresa Guglielmo, Madelon M. Gutekunst, William O. Gutekunst, Herbert Hahn, Michael Head, Ronald Hoyt, Sandra Hoyt, Debbie Insdorf, Michael A Insdorf, Belkis Jacobs, PATRICIA KREITZMAN, Robert A. Kindler, Sydney Welham Kindler, Barbara Kreitzman, Harley G. Lappen, Geraldine Larson, Joseph M. Larson, Arcangelo Liberatore, Leslie Liberatore, Henry Lombardi, Fara-Izarihs Maldonado, Jorge L. Maldonado, Rebecca Matchett, Christopher Matchett, Denise McGuire, Kevin McGuire, Ronald McNeese, Susan McNeese, Debra Meneese, Lori Morrison, Timothy Morrison, Delores Northington, Joseph Northington, Willie Ann Oxendine, Faina Pravin, Mary Ellen Radics, Robert Radics, Paul Reyes, Bruce Robertson, Linda Robertson, Anne Romano, Phillip Romano, Ronald Romero, Minerva Salazar, Christopher Santopietro, Linda Scherder, Neil Scherder, Ellis Smith, Susan Stark, Barbara Taylor, Julian Taylor, James Teatom, Morris Tester, Sandra Tester, Gilda Thomas, James Vette, Edward Watson, George Wilson, Allan Bellone, Kevin McGuire Associated Cases: 1:22-md-03044-NGG-MMH et al. (Relkin, Ellen) |
| Filing 66 MOTION to Appoint Counsel by Patrice Bindel, Daniel E. Carson, Paul H. Uhle, Nue Gega, Trashe Gega, Gary J. Cheramie, Paul Dunleavy, Wendy Dunleavy, Annette Dellanno, Domenic Dellanno, Ray H. Dovell, Jr, Robert Hodge, Jr, Tammy L. Hodge, Miroslabia Perez, Betty Carol Clark, Alice Laws, Willie Laws, Richard Haunss, Joti Allen, Alison Maresca, Domenick Maresca, Diane Fassler, Jeffrey Fassler, Judy Palmer, Constance R. Furey, William P. Furey, Bjorn von Euler, Sharon von Euler, Anthony Cristiano, Kathleen Cristiano, Mary Cirrito, Michael Cirrito, Deborah McBride, Donald McBride, Jimmy Afzali, Donna M. Reyes, Richard Reilly, Lawrence Berger, Kevin G. Patterson, Carol Lappen, David Zeevalk, Dawn Zeevalk, Rosemary Proscia, Christopher Proscia, Alexander Berger, Rona Berger, Clayton Wilder, George Wilson, Valerie Wilson, Alison Gelfand, Lewis Gelfand, Stephen Decorte, Susan Decorte, Emanuel Cervelli, Robert Rhodes, Kevin Kenney, Laura Kenney, Caroline Riley, Margaret Slanovec, Joseph Centineo, Ivan Hoyos, James Obrien, Geraldine Billups, Charles M Agro, Annette Alberti, Joseph Alberti, Lawrence Batherwich, Andrew Bellian, Karen S Bellian, Allen Bellone, Lucille Bellone, Kenneth M. Bernstein, Jacob Brickman, Katherine Briscoe, Cynthia Brown, Norman Brown, James B. Burke, Brian Camp, Cynthia Camp, Laquiesha Carolina, Charles R. Cuneo, Joanne Cuneo, Lawrence Daly, Irene Danow, Keven Danow, Melissa Davis, Walton R. Diven, Jimmy Flowers, Jr, Julia Flowers, Lee Foxwell, Rex A. Foxwell, Jack Gehm, Mark Goldman, Henri Gourd, John Greene, Amedeo Guglielmo, Theresa Guglielmo, Madelon M. Gutekunst, William O. Gutekunst, Herbert Hahn, Michael Head, Ronald Hoyt, Sandra Hoyt, Debbie Insdorf, Michael A Insdorf, Belkis Jacobs, PATRICIA KREITZMAN, Robert A. Kindler, Sydney Welham Kindler, Barbara Kreitzman, Harley G. Lappen, Geraldine Larson, Joseph M. Larson, Arcangelo Liberatore, Leslie Liberatore, Henry Lombardi, Fara-Izarihs Maldonado, Jorge L. Maldonado, Rebecca Matchett, Christopher Matchett, Denise McGuire, Kevin McGuire, Ronald McNeese, Susan McNeese, Debra Meneese, Lori Morrison, Timothy Morrison, Delores Northington, Joseph Northington, Willie Ann Oxendine, Faina Pravin, Mary Ellen Radics, Robert Radics. (Attachments: #1 Exhibit 1 - CV - Kirk Pope, #2 Exhibit 2 - CV - Ellen Relkin, #3 Exhibit 3 - CV - Robert E. (Eric) Kennedy, #4 Exhibit 4 - CV - Carasusana B. Wall, #5 Exhibit 5 - CV - C. Calvin Warriner, #6 Exhibit 6 - CV - Rayna E. Kessler, #7 Exhibit 7 - CV - Joseph H. Saunders, #8 Exhibit 8 - CV - Mark P. Chalos, #9 Exhibit 9 - CV - Michael P. Cutler, #10 Exhibit 10 - CV - Maria Fleming, #11 Exhibit 11 - CV - Arati Furness, #12 Exhibit 12 - CV - Jason S. Goldstein, #13 Exhibit 13 - CV - David Harman, #14 Exhibit 14 - CV - Kristine K. Kraft, #15 Exhibit 15 - CV - Hadley E. Lundback, #16 Exhibit 16 - CV - Ben C. Martin, #17 Exhibit 17 - CV - Daniel A. Nigh, #18 Exhibit 18 - CV - Justin Presnal, #19 Exhibit 19 - CV - Patrick J. Wigle, #20 Exhibit 20 - CV - Cameron J. Falcon, #21 Exhibit 21 - CV - Kevin M. Fitzgerald, #22 Exhibit 22 - CV - Danielle Gold, #23 Exhibit 23 - CV - George E. Mclaughlin, #24 Exhibit 24 - CV - Courtney L. Mohammadi, #25 Exhibit 25 - CV - Joanna H. Oh, #26 Exhibit 26 - CV - Craig M. Silverman, #27 Exhibit 27 - CV - Ilana S. Wolk) Associated Cases: 1:22-md-03044-NGG-MMH et al. (Relkin, Ellen) |
| Filing 65 Letter by Exactech, Inc., Exactech, US, Inc. (Attachments: #1 Exhibit) Associated Cases: 1:22-md-03044-NGG-MMH et al. (Kanute, Michael) |
| Filing 64 Letter of apology by Kevin G. Patterson (O'Kelly, John) |
| Filing 63 NOTICE of Appearance by Kim M Schmid on behalf of Exactech, Inc., Exactech, US, Inc., Exactech Inc., Exactech US, Inc., Exactech, Inc., Exactech, US, Exactech Inc., Exactech US, Inc., Exactech US, Exactech, U.S., Inc., Exactech U.S., Inc., Exactech, US, Inc. (aty to be noticed) Associated Cases: 1:22-md-03044-NGG-MMH et al. (Schmid, Kim) |
| Filing 62 NOTICE of Appearance by Sheryl A. Bjork on behalf of All Defendants (aty to be noticed) Associated Cases: 1:22-md-03044-NGG-MMH et al. (Bjork, Sheryl) |
| Filing 61 NOTICE of Appearance by Sean J. Powell on behalf of Exactech, Inc., Exactech, US, Inc. (notification declined or already on case) Associated Cases: 1:22-md-03044-NGG-MMH et al. (Powell, Sean) |
| Filing 60 NOTICE of Appearance by Michael J. Kanute on behalf of All Defendants (aty to be noticed) Associated Cases: 1:22-md-03044-NGG-MMH et al. (Kanute, Michael) |
| Filing 59 STATUS REPORT by Exactech, Inc., Exactech, US, Inc. (Attachments: #1 Exhibit A) Associated Cases: 1:22-md-03044-NGG-MMH et al. (Bjork, Sheryl) |
| Filing 58 STATUS REPORT by Plaintiff by Kevin G. Patterson (O'Kelly, John) |
Filing 57
PRACTICE AND PROCEDURE ORDER NO. 1. So Ordered by Judge Nicholas G. Garaufis on 10/25/2022. Associated Cases: 1:22-md-03044-NGG-MMH et al. (TL)
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| Filing 56 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (PB) |
| Filing 55 Case transferred in from District of New York Southern; Case Number 1:21-cv-06231. Original file certified copy of transfer order and docket sheet received. |
| MDL TRANSFER OUT ELECTRONICALLY: to the United States District Court - Eastern District of New York (vba) [Transferred from New York Southern on 10/17/2022.] |
| The case of Patterson v. Exactech, Inc., has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 22cv6095. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (PB) |
| Filing 54 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER OUT ORDER FROM THE MDL PANEL...transferring this action from the U.S.D.C. - S.D.N.Y to the United States District Court - Eastern District of New York. (Signed by MDL Panel on 10/7/2022) (vba) [Transferred from New York Southern on 10/17/2022.] |
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Filing 53
MEMO ENDORSEMENT on re: #52 Letter, filed by Exactech, Inc. ENDORSEMENT: Granted. Discovery is stayed pending determination of whether the case will transferred into an MDL. The parties shall file a letter informing the Court of the status of the MDL motion every 90 days or within 10 days of a decision by the JPML. If the MDL motion is denied, the parties shall include within the status letter a proposed schedule for the remainder of discovery. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 8/24/2022) (mml) [Transferred from New York Southern on 10/17/2022.]
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| Filing 52 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Lauren Russ dated August 24, 2022 re: Kevin G. Patterson v. Exactech, Inc. - Request to Stay Pending Discovery Deadlines. Document filed by Exactech, Inc.. (Attachments: #1 Exhibit 1 - Notice of Hearing Scheduled for 9-29-2022).(Russ, Lauren) [Transferred from New York Southern on 10/17/2022.] |
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Filing 51
MEMO ENDORSEMENT on re: #50 Letter filed by Exactech, Inc. ENDORSEMENT: The pre-motion conference scheduled for July 27, 2022, is adjourned sine die. The parties shall file pre-motion letters concerning any dispositive motions by November 29, 2022. So Ordered. (Signed by Judge Lorna G. Schofield on 7/13/2022) (vfr) [Transferred from New York Southern on 10/17/2022.]
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| Filing 50 LETTER addressed to Judge Lorna G. Schofield from Lauren Russ dated July 13, 2022 re: Pre-Motion Conference. Document filed by Exactech, Inc...(Russ, Lauren) [Transferred from New York Southern on 10/17/2022.] |
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Filing 49
ORDER granting #48 Letter Motion for Extension of Time. Request granted. Fact discovery deadline extended to September 30, 2022. Expert discovery deadline extended to November 15, 2022. No further extensions absent compelling circumstances. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 4/29/2022) (mml) [Transferred from New York Southern on 10/17/2022.]
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| Filing 48 FIRST LETTER MOTION for Extension of Time by Plaintiff addressed to Magistrate Judge Robert W. Lehrburger from John O'Kelly dated April 27, 2022. Document filed by Kevin G. Patterson..(O'Kelly, John) [Transferred from New York Southern on 10/17/2022.] |
| Set/Reset Deadlines: Expert Discovery due by 11/15/2022. Fact Discovery due by 9/30/2022. (mml) [Transferred from New York Southern on 10/17/2022.] |
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Filing 47
ORDER denying without prejudice to renewal #45 Letter Motion for Extension of Time. Application DENIED without prejudice to renewal before Magistrate Judge Lehrburger. A referral order will issue separately. (Signed by Judge Lorna G. Schofield on 4/28/2022) (mml) [Transferred from New York Southern on 10/17/2022.]
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Filing 46
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Robert W. Lehrburger. Motions referred to Robert W. Lehrburger. (Signed by Judge Lorna G. Schofield on 4/28/2022) (mml) [Transferred from New York Southern on 10/17/2022.]
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| Filing 45 FIRST LETTER MOTION for Extension of Time by Plaintiff addressed to Judge Lorna G. Schofield from John O'Kelly dated April 27, 2022. Document filed by Kevin G. Patterson..(O'Kelly, John) [Transferred from New York Southern on 10/17/2022.] |
| Filing 44 NOTICE OF APPEARANCE by Lauren A. Russ on behalf of Exactech, Inc...(Russ, Lauren) [Transferred from New York Southern on 10/17/2022.] |
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Filing 43
MEMO ENDORSEMENT on re: #42 Letter, filed by Exactech, Inc. ENDORSEMENT: Exactech shall respond to Plaintiff's Interrogatory Nos. 1 and 2 as to "any recall," not limited to "safety recalls," and shall comply with Plaintiff's Combined (Second) Notice to Produce No. 2 by either producing copies of the document requested or identifying them in detail. Plaintiff's request to de-designate the Exactech Knee Clinician Meeting materials is DENIED without prejudice. Plaintiff has not "set forth in detail the basis for the challenge" as required by the Protective Order at Dkt. No. 31. Plaintiff need not respond to Exactech's Interrogatory Nos. 15 and 21 pursuant to Local Rule 33.3(b). Medical record authorizations in response to document requests, and deposition questions, are "more practical ways to obtain the information sought" by the interrogatories. Roelcke v. Zip Aviation, LLC, 15 Civ. 6284, 2020 WL 5752228, at *3 (S.D.N.Y. Sept. 30, 2020). Plaintiff shall respond to Exactech's Request for Production No. 28, but he may limit his response to a period from 2017 to the present. Plaintiff shall sit for another deposition of two hours on the subject of his medical condition and history over that same period, and he shall not refuse to answer on the basis that his medical information is private or irrelevant. Plaintiff "put his medical condition and medical history at issue in this action by seeking damages for injuries," and "waive[d] his right to privacy in his medical records," because Exactech is "certainly entitled to explore whether the injuries [he] claims resulted from [its] conduct were in fact caused by someone else or resulted from some pre-existing condition," and "three years" prior to the alleged injury "is a reasonable time period to seek such records." Cordero v. United States, No. 19 Civ. 1320, 2021 WL 568079, at *2 (S.D.N.Y. Feb. 16, 2021) (internal quotation marks omitted, alterations in original). Plaintiff need not respond to document requests or deposition questions, or authorize access to medical records, to the extent they pertain to non-medical conditions, such as his mental health. Even if some of Plaintiff's damages relate to changes in his emotional condition caused by his alleged physical injury, he "need not provide medical corroboration," for that aspect of damages, "nor can [he] be said to have put [his] entire physical and mental condition at issue" by seeking such "garden variety damages." Doherty v. Bice, No. 18 Civ. 10898, 2021 WL 5630816, at *5 (S.D.N.Y. Dec. 1, 2021). If any additional disputes arise, the parties are directed to meet and confer by speaking in real time -- not only by voicemail or email -- in a good-faith effort to resolve or narrow their disputes before seeking court intervention. (Signed by Judge Lorna G. Schofield on 4/13/2022) (ate) (Main Document 43 replaced on 4/20/2022) (ate). [Transferred from New York Southern on 10/17/2022.]
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| Filing 42 JOINT LETTER addressed to Judge Lorna G. Schofield from Erica S. Mekles dated April 12, 2022 re: Joint Status Letter. Document filed by Exactech, Inc.. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit A-4, #5 Exhibit A-5, #6 Exhibit A-6, #7 Exhibit A-7, #8 Exhibit A-8, #9 Exhibit A-9, #10 Exhibit A-10, #11 Exhibit A-11, #12 Exhibit A-12, #13 Exhibit A-13, #14 Exhibit A-14, #15 Exhibit B).(Mekles, Erica) [Transferred from New York Southern on 10/17/2022.] |
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Filing 41
ORDER granting #37 Motion for Lauren Ashley Russ to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Lewis, Barton) [Transferred from New York Southern on 10/17/2022.]
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Filing 40
MEMO ENDORSEMENT on re: #39 Letter filed by Exactech, Inc. ENDORSEMENT: The parties shall file a joint letter stating each party's position on any open discovery disputes by April 12, 2022. Before filing that letter, counsel for the parties shall meet and confer for no less than two hours in an effort to compromise or narrow the scope of their discovery disputes, and shall certify that they have done so in the joint letter. So Ordered. (Signed by Judge Lorna G. Schofield on 4/4/2022) (mml) [Transferred from New York Southern on 10/17/2022.]
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| Filing 39 JOINT LETTER addressed to Judge Lorna G. Schofield from Erica S. Mekles dated April 1, 2022 Document filed by Exactech, Inc...(Mekles, Erica) [Transferred from New York Southern on 10/17/2022.] |
| Filing 38 PROPOSED ORDER. Document filed by Exactech, Inc.. Related Document Number: #37 ..(Mekles, Erica) Proposed Order to be reviewed by Clerk's Office staff. [Transferred from New York Southern on 10/17/2022.] |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice re: Document No. #37 MOTION for Lauren Ashley Russ to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): the filing fee was not paid;.. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (bcu) [Transferred from New York Southern on 10/17/2022.] |
| Pro Hac Vice Fee Payment: for #37 MOTION for Lauren Ashley Russ to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-25853408..(Mekles, Erica) [Transferred from New York Southern on 10/17/2022.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #37 MOTION for Lauren Ashley Russ to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) [Transferred from New York Southern on 10/17/2022.] |
| Filing 37 MOTION for Lauren Ashley Russ to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Exactech, Inc.. (Attachments: #1 Affidavit of Lauren Russ in Support of Motion for Pro Hac Vice Admission, #2 Exhibit A to Affidavit of Lauren Russ in Support of Motion for Pro Hac Vice Admission, #3 Affirmation of Erica S. Mekles, Esq. in Support of Motion for Pro Hac Vice Admission of Lauren Russ, #4 (Proposed) Order for Admission for Pro Hac Vice, #5 Certificate of Service for Lauren Russ's Admission to Appear Pro Hac Vice).(Mekles, Erica) Modified on 3/14/2022 (bcu). Modified on 3/14/2022 (aea). [Transferred from New York Southern on 10/17/2022.] |
| Filing 36 AMENDED ANSWER to #33 Amended Complaint with JURY DEMAND. Document filed by Exactech, Inc...(Mekles, Erica) [Transferred from New York Southern on 10/17/2022.] |
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Filing 35
MEMO ENDORSEMENT on re: #34 Letter filed by Exactech, Inc. ENDORSEMENT: The parties shall complete expert discovery on the schedule proposed in this letter. So Ordered. (Expert Discovery due by 7/13/2022.) (Signed by Judge Lorna G. Schofield on 3/2/2022) (mml) [Transferred from New York Southern on 10/17/2022.]
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| Filing 34 LETTER addressed to Judge Lorna G. Schofield from Erica S. Mekles dated March 1, 2022 re: Joint Status Letter. Document filed by Exactech, Inc...(Mekles, Erica) [Transferred from New York Southern on 10/17/2022.] |
| Filing 33 FIRST AMENDED COMPLAINT against Exactech, Inc. with JURY DEMAND.Document filed by Kevin G. Patterson..(O'Kelly, John) [Transferred from New York Southern on 10/17/2022.] |
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Filing 32
ORDER granting in part and denying in part #30 Letter Motion for Extension of Time to Amend #30 FIRST LETTER MOTION for Extension of Time to Amend complaint and to respond to defendant's request for a protective order addressed to Judge Lorna G. Schofield from John O'Kelly dated February 22, 2022. Application GRANTED IN PART and DENIED IN PART. Plaintiff shall file the amended complaint as soon as possible and no later than February 25, 2022. Plaintiff's concern regarding the confidentiality of individual documents does not provide a basis for disregarding the routine practice of entering protective orders in this District. If Plaintiff has an objection to a confidentiality designation by Defendant, then Plaintiff shall follow the dispute process detailed in paragraph 6 of the protective order. That a document was provided to the FDA does not mean that it cannot be confidential. ( Amended Pleadings due by 2/25/2022.) (Signed by Judge Lorna G. Schofield on 2/23/22) (yv) [Transferred from New York Southern on 10/17/2022.]
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Filing 31
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...So Ordered (Signed by Judge Lorna G. Schofield on 2/22/2022) (ks) [Transferred from New York Southern on 10/17/2022.]
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| Filing 30 FIRST LETTER MOTION for Extension of Time to Amend complaint and to respond to defendant's request for a protective order addressed to Judge Lorna G. Schofield from John O'Kelly dated February 22, 2022. Document filed by Kevin G. Patterson..(O'Kelly, John) [Transferred from New York Southern on 10/17/2022.] |
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Filing 29
ORDER denying #28 Letter Motion for Discovery. The parties' requests for a conference to discuss the protective order is denied because there are no issues to discuss. Plaintiff's late-filed letter regarding the protective order fails to identify any substantive issues with the proposed protective order. The proposed protective order will issue separately. The Clerk of Court is respectfully directed to close the motion at Dkt. No.28. (Signed by Judge Lorna G. Schofield on 2/22/2022) (mml) [Transferred from New York Southern on 10/17/2022.]
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| Filing 28 FIRST LETTER MOTION for Discovery Conference addressed to Judge Lorna G. Schofield from John O'Kelly dated February 21, 2022. Document filed by Kevin G. Patterson..(O'Kelly, John) [Transferred from New York Southern on 10/17/2022.] |
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Filing 27
ORDER terminating #26 Motion for Conference re: #26 LETTER MOTION for Conference to address Exactechs motion for protective order addressed to Judge Lorna G. Schofield from Erica S. Mekles dated February 15, 2022. By February 18, 2022, Plaintiff shall submit a letter stating the basis for its objection to the proposed protective order, which is largely consistent with protective orders routinely issued in this District. For any specific term Plaintiff objects to, Plaintiff shall propose alternative language or state clearly why the term should be struck.. (Signed by Judge Lorna G. Schofield on 2/16/2022) (kv) [Transferred from New York Southern on 10/17/2022.]
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| Filing 26 LETTER MOTION for Conference to address Exactechs motion for protective order addressed to Judge Lorna G. Schofield from Erica S. Mekles dated February 15, 2022. Document filed by Exactech, Inc.. (Attachments: #1 Text of Proposed Order).(Mekles, Erica) [Transferred from New York Southern on 10/17/2022.] |
| Filing 25 MEMO ENDORSEMENT on re: #24 Letter Leave to File An Amended Complaint filed by Kevin G. Patterson. ENDORSEMENT : Application GRANTED. Plaintiff may amend the Complaint for the limited purpose of adding a claim related to the implant in his right knee. Plaintiff shall file the amended complaint by February 15, 2022., ( Amended Pleadings due by 2/15/2022.) (Signed by Judge Lorna G. Schofield on 2/11/22) (yv) [Transferred from New York Southern on 10/17/2022.] |
| Filing 24 LETTER addressed to Judge Lorna G. Schofield from John O'Kelly dated February 10, 2022 re: Leave to File An Amended Complaint. Document filed by Kevin G. Patterson..(O'Kelly, John) [Transferred from New York Southern on 10/17/2022.] |
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Filing 23
SECOND AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). This case is to be tried to a jury. Fact Deposition due by 2/7/2022. Fact Discovery due by 5/2/2022. Expert Discovery due by 7/13/2022. Counsel for the parties have conferred and their present best estimate of the length of trial is 10 days. Plaintiff's expert disclosures, including reports, are due on May 23, 2022. Defendant's experts disclosures, including reports, are due on June 22, 2022. Telephone Conference set for 7/27/2022 at 04:20 PM before Judge Lorna G. Schofield. A party wishing to file a summary judgment or other dispositive motion shall file a pre-motion letter at least two weeks before the conference and in the form provided in the Courts Individual Rule III.A.1. Any party wishing to oppose shall file a responsive letter as provided in the same Individual Rule. The motion will be discussed at the conference. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. The joint status letter shall also include a list of witnesses to be deposed, the role and/or title of each witness and proposed dates for each deposition. The letter shall include a detailed explanation of the status of each request for medical records identified in the letter at Dkt. No. 16 and any other remaining discovery. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar. (Signed by Judge Lorna G. Schofield on 2/2/2022) (mml) [Transferred from New York Southern on 10/17/2022.]
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| Filing 22 MEMO ENDORSEMENT on re: #21 Letter filed by Exactech, Inc. ENDORSEMENT: Application GRANTED. An amended case management plan will follow. Defendant shall depose Plaintiff by March 15, 2022. (Deposition due by 3/15/2022.) (Signed by Judge Lorna G. Schofield on 2/2/2022) (mml) [Transferred from New York Southern on 10/17/2022.] |
| Filing 21 JOINT LETTER addressed to Judge Lorna G. Schofield from Erica S. Mekles dated 02/01/2022 re: Letter per 1/18/2022 Order. Document filed by Exactech, Inc...(Mekles, Erica) [Transferred from New York Southern on 10/17/2022.] |
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Filing 20
FIRST AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceeding before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). The parties have conferred pursuant to Fed. R. Civ. P. 26(f). Settlement discussions have not taken place. No additional parties may be joined after December 31, 2021 without leave of Court. Amended pleadings may be filed without leave of Court until December 31, 2021. This case is to be tried to a jury. The joint status letter shall also include a list of witnesses to be deposed, the role and/or title of each witness and proposed dates for each deposition. The letter shall include a detailed explanation of the status of each request for medical records identified in the letter at Dkt. No. 16 and any other remaining discovery. SO ORDERED. Deposition due by 2/7/2022. Fact Discovery due by 3/11/2022. Expert Discovery due by 4/29/2022.Estimate length of trial 10 days. Pre-Motion Conference set for 5/18/2022 at 04:20 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 1/18/2022) (tg) [Transferred from New York Southern on 10/17/2022.]
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Filing 19
MEMO ENDORSEMENT on re: #18 Letter filed by Exactech, Inc. ENDORSEMENT: Application GRANTED IN PART, DENIED IN PART. The parties' proposed extension is too long. This case has been pending in this Court since July 21, 2021. On October 1, 2021, the parties were ordered to complete fact discovery by February 7, 2022. The parties knew medical records would be needed and delayed seeking the necessary documents from medical providers until mid-November through late December. The fact discovery deadline is extended to March 11, 2022. An amended case management plan will follow. (Fact Discovery due by 3/11/2022.) (Signed by Judge Lorna G. Schofield on 1/18/2022) (jca) [Transferred from New York Southern on 10/17/2022.]
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| Filing 18 JOINT LETTER addressed to Judge Lorna G. Schofield from Erica S. Mekles dated 1/14/2022 re: discovery deadlines per 1/10/22 Order. Document filed by Exactech, Inc...(Mekles, Erica) [Transferred from New York Southern on 10/17/2022.] |
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Filing 17
MEMO ENDORSEMENT on re: #16 Letter filed by Exactech, Inc. ENDORSEMENT: Because the parties proposed deposition date falls outside of the current fact discovery deadline, the parties shall submit a joint letter by January 14, 2022, formally requesting an extension of discovery deadlines. The letter shall include any interim discovery deadlines the parties propose to be set. SO ORDERED. (Signed by Judge Lorna G. Schofield on 1/10/2022) (kv) [Transferred from New York Southern on 10/17/2022.]
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| Filing 16 JOINT LETTER addressed to Judge Lorna G. Schofield from Erica S. Mekles dated 1/07/2022 re: Status Letter per 10/21/2021 Order. Document filed by Exactech, Inc...(Mekles, Erica) [Transferred from New York Southern on 10/17/2022.] |
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Filing 15
MEMO ENDORSEMENT on re: #14 Letter filed by Exactech, Inc. ENDORSEMENT: By December 28, 2021, Plaintiff shall provide to Defendant sufficient documentation to identify the subject implant. By January 7, 2022, the parties shall file a joint letter (1) proposing dates for depositions of fact witnesses and (2) stating information about which party requested medical records, who the records were requested from, when the requests were made and whether all records have been requested. So Ordered. (Signed by Judge Lorna G. Schofield on 12/21/2021) (ate) [Transferred from New York Southern on 10/17/2022.]
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| Filing 14 JOINT LETTER addressed to Judge Lorna G. Schofield from Erica S. Mekles dated 12/17/2021 re: Status Letter per 10/1/2021 Order. Document filed by Exactech, Inc...(Mekles, Erica) [Transferred from New York Southern on 10/17/2022.] |
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Filing 13
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). The parties are free to withhold consent without adverse substantive consequences. Amended Pleadings due by 12/31/2021. Joinder of Parties due by 12/31/2021. Fact Deposition due by 2/7/2022. Fact Discovery due by 2/7/2022. Expert Discovery due by 3/31/2022. Telephone Conference set for 4/14/2022 at 10:50 AM before Judge Lorna G. Schofield. On April 14, 2022 at 10:50A.M. [usually 14 days after the close of all discovery], a pre-motion conference will be held for any anticipated dispositive motions, provided: i. A party wishing to file a summary judgment or other dispositive motion shall file a pre-motion letter at least two weeks before the conference and in the form provided in the Court's Individual Rule III.A.1. Any party wishing to oppose shall file a responsive letter as provided in the same Individual Rule. The motion will be discussed at the conference. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 10 days. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar. SO ORDERED. (Signed by Judge Lorna G. Schofield on 10/1/2021) (mml) [Transferred from New York Southern on 10/17/2022.]
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Filing 12
ORDER: It is hereby ORDERED that the October 7, 2021, initial pretrial conference is cancelled. If the parties believe that a conference would nevertheless be useful, they should inform the court immediately so the conference can be reinstated. The case management plan and scheduling order will issue in a separate order. The parties attention is particularly directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED that if Defendant seeks to file a motion to dismiss, it shall file a pre-motion letter pursuant to Individual Rules III.A.1 and III.C.2. It is further ORDERED, regarding settlement discussions, if and when the parties are ready to proceed with a settlement conference with the assigned Magistrate Judge or mediation in the Court's mediation program, they shall file a joint letter on ECF requesting a referral. The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 10/1/2021) (mml) [Transferred from New York Southern on 10/17/2022.]
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| Filing 11 NOTICE OF APPEARANCE by Sheryl A. Bjork on behalf of Exactech, Inc...(Bjork, Sheryl) [Transferred from New York Southern on 10/17/2022.] |
| Filing 10 LETTER addressed to Judge Lorna G. Schofield from Erica S. Mekles dated September 30, 2021 re: Joint letter to Court in advance of Rule 16 Conference. Document filed by Exactech, Inc.. (Attachments: #1 Civil Case Management Plan).(Mekles, Erica) [Transferred from New York Southern on 10/17/2022.] |
| Filing 9 NOTICE OF APPEARANCE by Kim M. Schmid on behalf of Exactech, Inc...(Schmid, Kim) [Transferred from New York Southern on 10/17/2022.] |
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Filing 8
ORDER granting #6 Motion for Sheryl A. Bjork to Appear Pro Hac Vice; and granting #7 Motion for Kim M. Schmid to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs) [Transferred from New York Southern on 10/17/2022.]
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Kim M. Schmid to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25089580. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) [Transferred from New York Southern on 10/17/2022.] |
| Filing 7 MOTION for Kim M. Schmid to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25089580. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Exactech, Inc.. (Attachments: #1 Affidavit of Kim M. Schmid, #2 Exhibit A to Kim M, Schmid Affidavit, #3 Affidavit of Erica S. Mekles in Support of Kim M. Schmid to appear Pro Hac Vice, #4 Text of Proposed Order to Pro Hac Vice of Kim M. Schmid, #5 Affidavit Certificate of Service).(Mekles, Erica) [Transferred from New York Southern on 10/17/2022.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for Sheryl A. Bjork to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25083399. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) [Transferred from New York Southern on 10/17/2022.] |
| Filing 6 MOTION for Sheryl A. Bjork to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25083399. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Exactech, Inc.. (Attachments: #1 Affidavit of Sheryl A. Bjork, #2 Exhibit A to Sheryl A. Bjork Affidavit, #3 Affidavit of Erica S. Mekles in Support of Sheryl A. Bjork to appear Pro Hac Vice, #4 Text of Proposed Order for Pro Hac Vice of Sheryl A. Bjork, #5 Affidavit Certificate of Service).(Mekles, Erica) [Transferred from New York Southern on 10/17/2022.] |
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Filing 5
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a conference will be held at October 7, 2021 at 10:50 a.m. DATE AND PLACE OF CONFERENCE: October 7, 2021 at 10:50 a.m., to be held telephonically in accordance with the instructions on the first page of this order. And as set forth herein. Initial Conference set for 10/7/2021 at 10:50 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 8/12/2021) (ama) [Transferred from New York Southern on 10/17/2022.]
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| Filing 4 ANSWER to Complaint with JURY DEMAND. Document filed by Exactech, Inc...(Mekles, Erica) [Transferred from New York Southern on 10/17/2022.] |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Osteon Holdings for Exactech, Inc.. Document filed by Exactech, Inc...(Mekles, Erica) [Transferred from New York Southern on 10/17/2022.] |
| Filing 2 CIVIL COVER SHEET filed..(Mekles, Erica) [Transferred from New York Southern on 10/17/2022.] |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Erica M. Singer Mekles. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) [Transferred from New York Southern on 10/17/2022.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) [Transferred from New York Southern on 10/17/2022.] |
| Case Designated ECF. (pc) [Transferred from New York Southern on 10/17/2022.] |
| Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) [Transferred from New York Southern on 10/17/2022.] |
| Filing 1 NOTICE OF REMOVAL from New York Supreme Court, County of New York. Case Number: 154597/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-24825203).Document filed by Exactech, Inc.. (Attachments: #1 Affidavit Certification of Erica Mekles, #2 Exhibit Exhibit A to Certification of Erica Mekles - Complaint, #3 Exhibit Exhibit B to Certification of Erica Mekles - Affidavit of Service, #4 Exhibit Exhibit C to Certification of Erica Mekles - Extension for Time to Answer, #5 Exhibit Exhibit D to Certification of Erica Mekles - Settlement Demand, #6 Affidavit Certification of Service).(Mekles, Erica) [Transferred from New York Southern on 10/17/2022.] |
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