Moore et al v. Exactech, Inc. et al
| Robert Moore and Amy Moore |
| Exactech Inc., Exactech U.S., Inc., TPG Inc, TPG Partners VII, L.P., TPG Genpar VII, LLC, TPG Genpar VII Advisors, LLC, Osteon Holdings Inc., Osteon Merger Sub, Inc., Osteon Intermediate Holdings II, Inc., Exactech, Inc. and TPG Genpar, VII, L.P. |
| 1:2023cv01376 |
| March 2, 2023 |
| US District Court for the Eastern District of New York |
| Nicholas G Garaufis |
| Marcia M Henry |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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| Filing 30 Letter re Joint Preservation Protocol by Exactech US, Inc., Exactech, Inc. Associated Cases: 1:22-md-03044-NGG-MMH et al. (Kanute, Michael) Modified on 4/11/2023 to modify event type (JD). |
| Filing 29 Letter re Science Day Order by Exactech US, Inc., Exactech, Inc. (Attachments: #1 Proposed Order) Associated Cases: 1:22-md-03044-NGG-MMH et al. (Kanute, Michael) |
| Filing 28 Letter re Second Amended PFS Implementation Order by Exactech US, Inc., Exactech, Inc. (Attachments: #1 Proposed Order, #2 Exhibit) Associated Cases: 1:22-md-03044-NGG-MMH et al. (Kanute, Michael) |
| Filing 27 NOTICE of Voluntary Dismissal by Amy Moore, Robert Moore without prejudice of specific defendants pursuant to F.R.C.P. 41(A)(1)(A)(i) (Chalos, Mark) |
Filing 26
AMENDED FACT SHEET IMPLEMENTATION ORDER. The proposed amended fact sheet implementation order at ECF No. 137-1 and its four Exhibits are so ordered as amended. See attached. So Ordered by Magistrate Judge Marcia M. Henry on 03/23/2023. (Attachments: #1 Exhibit A, #2 Exhibit B) Associated Cases: 1:22-md-03044-NGG-MMH et al. (JD) (Additional attachment(s) added on 3/23/2023: #3 Exhibit C, #4 Exhibit D) (JD).
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| Filing 25 Letter re Science Day by Exactech US, Inc., Exactech, Inc. (Attachments: #1 Exhibit Proposed Order re Science Day, #2 Exhibit Defendants' Position re Paragraph 9, #3 Exhibit TPG's Request for Adjournment, #4 Exhibit Plaintiffs' Position re Adjournment and Paragraph 9) Associated Cases: 1:22-md-03044-NGG-MMH et al. (Kanute, Michael) |
| Filing 24 SUMMONS Returned Executed by Amy Moore, Robert Moore. TPG Genpar, VII, L.P. served on 2/13/2023, answer due 3/6/2023. (Lazarz, Hannah) |
| Filing 23 STATUS REPORT (Joint) by Exactech US, Inc., Exactech, Inc. (Attachments: #1 Exhibit) Associated Cases: 1:22-md-03044-NGG-MMH et al. (Kanute, Michael) |
| Filing 22 SUMMONS Returned Executed by Amy Moore, Robert Moore. Osteon Merger Sub, Inc. served on 2/13/2023, answer due 3/6/2023. (Lazarz, Hannah) |
| Filing 21 SUMMONS Returned Executed by Amy Moore, Robert Moore. Osteon Holdings Inc. served on 2/13/2023, answer due 3/6/2023. (Lazarz, Hannah) |
| Filing 20 SUMMONS Returned Executed by Amy Moore, Robert Moore. TPG Genpar VII Advisors, LLC served on 2/13/2023, answer due 3/6/2023. (Lazarz, Hannah) |
| Filing 19 SUMMONS Returned Executed by Amy Moore, Robert Moore. TPG Partners VII, L.P. served on 2/13/2023, answer due 3/6/2023. (Lazarz, Hannah) |
| Filing 18 SUMMONS Returned Executed by Amy Moore, Robert Moore. TPG Inc served on 2/13/2023, answer due 3/6/2023. (Lazarz, Hannah) |
| Filing 17 SUMMONS Returned Executed by Amy Moore, Robert Moore. Exactech U.S., Inc. served on 3/6/2023, answer due 3/27/2023. (Lazarz, Hannah) |
| Filing 16 SUMMONS Returned Executed by Amy Moore, Robert Moore. Exactech, Inc. served on 3/6/2023, answer due 3/27/2023. (Lazarz, Hannah) |
| Filing 15 Letter Requesting Extension of Time to Respond to Master Complaint by Exactech US, Inc., Exactech, Inc. Associated Cases: 1:22-md-03044-NGG-MMH et al. (Kanute, Michael) |
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Filing 14
ORDER granting Motion to Withdraw as Attorney 130, 136: The law firm of Bowman and Brooke LLP, counsel for Defendants Exactech, Inc. and Exactech U.S., Inc., shall be terminated from the docket. The proposed order at ECF No. 130-1 is so ordered. See attached. So Ordered by Magistrate Judge Marcia M. Henry on 03/07/2023. (JD)
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| Filing 13 STIPULATION re Broadspire Documents by Exactech US, Inc., Exactech, Inc. Associated Cases: 1:22-md-03044-NGG-MMH et al. (Kanute, Michael) |
| Filing 12 Letter re Fact Sheets by Exactech US, Inc., Exactech, Inc. (Attachments: #1 Proposed Order re Fact Sheets, #2 Plaintiff Fact Sheet, #3 Plaintiff Supplemental Fact Sheet, #4 Defendant Fact Sheet, #5 Defendant Supplemental Fact Sheet) Associated Cases: 1:22-md-03044-NGG-MMH et al. (Kanute, Michael) |
| Filing 11 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. (KD) |
| Filing 10 Case transferred in from District of Tennessee Middle; Case Number 3:23-cv-00102. Original file certified copy of transfer order and docket sheet received. |
| ***Civil Case Terminated per Order 9 . (kc) [Transferred from Tennessee Middle on 3/2/2023.] |
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Filing 9
ORDER: Pursuant to the Conditional Transfer Order (CTO-18) of the Judicial Panel on Multidistrict Litigation, Docket No. 3044, this case is hereby transferred to the United States District Court for the Eastern District of New York for coordinated or consolidated proceedings. The Clerk of Court is directed to close this case and electronically transmit the record to the United States District Court for the Eastern District of New York. It is so ORDERED. Signed by District Judge Eli J. Richardson on 03/01/2023. (lh) [Transferred from Tennessee Middle on 3/2/2023.]
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| Filing 8 CERTIFIED COPY OF CONDITIONAL TRANSFER ORDER (CTO-18), for case MDL 3044 received from the Eastern District of New York. (Case ready for closing/transfer. Proposed order submitted to chambers.) (lh) [Transferred from Tennessee Middle on 3/2/2023.] |
| Filing 7 CONDITIONAL TRANSFER ORDER FINALIZED (CTO-18) filed by UNITED STATES JUDICIAL PANEL on MULITDISTRICT LITIGATION IN RE: Exactech Polyethylene Orthopedic Products Liability Litigation MDL No. 3044, transferring case to the Eastern District of New York. (lh) [Transferred from Tennessee Middle on 3/2/2023.] |
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Filing 6
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Signed by District Judge Eli J. Richardson on 2/6/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) [Transferred from Tennessee Middle on 3/2/2023.]
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| Filing 5 Summons issued as to Exactech U.S., Inc., Exactech, Inc., Osteon Holdings, Inc., Osteon Intermediate Holdings II, Inc., Osteon Merger SUB, Inc., TPG Genpar VII Advisors, LLC, TPG Genpar VII, LLC, TPG Partners VII, L.P., TPG, Inc. (Service packet returned to counsel by regular mail.) (kc) [Transferred from Tennessee Middle on 3/2/2023.] |
| Filing 4 NOTICE of Initial Case Management Conference by Telephone is set for 3/28/2023 at 09:30 AM before Magistrate Judge Jeffery S. Frensley. (kc) [Transferred from Tennessee Middle on 3/2/2023.] |
| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (kc) [Transferred from Tennessee Middle on 3/2/2023.] |
| Filing 2 NOTICE of Business Entity Disclosure Statement filing requirement. (kc) [Transferred from Tennessee Middle on 3/2/2023.] |
| TN State Bar status verified as active for Mark P. Chalos, Hannah R. Lazarz admitted to this court. (kc) [Transferred from Tennessee Middle on 3/2/2023.] |
| Filing 1 COMPLAINT against Exactech U.S., Inc., Exactech, Inc., Osteon Holdings, Inc., Osteon Intermediate Holdings II, Inc., Osteon Merger SUB, Inc., TPG Genpar VII Advisors, LLC, TPG Genpar VII, LLC, TPG Partners VII, L.P., TPG, Inc. (Filing fee $402, Receipt number ATNMDC-3756591), filed by Amy Moore, Robert Moore. (Attachments: #1 Attachment Civil Cover Sheet)(hb) [Transferred from Tennessee Middle on 3/2/2023.] |
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