Banniza v. Exactech, Inc. et al
Plaintiff: Larry Banniza
Defendant: Exactech Inc., Exactech U.S., Inc., TPG Inc, TPG Partners VII, L.P., TPG Genpar VII, L.P., TPG Genpar VII Advisors, LLC, Osteon Holdings Inc., Osteon Merger Sub, Inc., Osteon Intermediate Holdings II, Inc. and Exactech, Inc.
Case Number: 1:2023cv01377
Filed: March 2, 2023
Court: US District Court for the Eastern District of New York
Presiding Judge: Nicholas G Garaufis
Referring Judge: Marcia M Henry
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 10, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 10, 2023 Filing 31 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).
April 7, 2023 Filing 30 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)
April 7, 2023 Filing 29 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)
April 4, 2023 Filing 28 NOTICE of Voluntary Dismissal by Larry Banniza without prejudice of specific defendants pursuant to F.R.C.P. 41(A)(1)(A)(i) (Chalos, Mark)
March 23, 2023 Opinion or Order Filing 27 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).
March 20, 2023 Filing 26 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)
March 13, 2023 Filing 25 STATUS REPORT (Joint) by Exactech US, Inc., Exactech, Inc. (Attachments: #1 Exhibit) Associated Cases: 1:22-md-03044-NGG-MMH et al. (Kanute, Michael)
March 13, 2023 Filing 24 SUMMONS Returned Executed by Larry Banniza. Osteon Merger Sub, Inc. served on 2/13/2023, answer due 3/6/2023. (Lazarz, Hannah)
March 13, 2023 Filing 23 SUMMONS Returned Executed by Larry Banniza. Osteon Holdings Inc. served on 2/13/2023, answer due 3/6/2023. (Lazarz, Hannah)
March 13, 2023 Filing 22 SUMMONS Returned Executed by Larry Banniza. TPG Genpar VII Advisors, LLC served on 2/13/2023, answer due 3/6/2023. (Lazarz, Hannah)
March 13, 2023 Filing 21 SUMMONS Returned Executed by Larry Banniza. TPG Genpar VII, L.P. served on 2/13/2023, answer due 3/6/2023. (Lazarz, Hannah)
March 13, 2023 Filing 20 SUMMONS Returned Executed by Larry Banniza. TPG Partners VII, L.P. served on 2/13/2023, answer due 3/6/2023. (Lazarz, Hannah)
March 13, 2023 Filing 19 SUMMONS Returned Executed by Larry Banniza. TPG Inc served on 2/13/2023, answer due 3/6/2023. (Lazarz, Hannah)
March 13, 2023 Filing 18 SUMMONS Returned Executed by Larry Banniza. Exactech U.S., Inc. served on 3/6/2023, answer due 3/27/2023. (Lazarz, Hannah)
March 13, 2023 Filing 17 SUMMONS Returned Executed by Larry Banniza. Exactech, Inc. served on 3/6/2023, answer due 3/27/2023. (Lazarz, Hannah)
March 10, 2023 Filing 16 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)
March 7, 2023 Opinion or Order Filing 15 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)
March 6, 2023 Filing 14 STIPULATION re Broadspire Documents by Exactech US, Inc., Exactech, Inc. Associated Cases: 1:22-md-03044-NGG-MMH et al. (Kanute, Michael)
March 6, 2023 Filing 13 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)
March 2, 2023 Filing 12 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)
March 2, 2023 Filing 11 Case transferred in from District of Tennessee Middle; Case Number 3:23-cv-00103. Original file certified copy of transfer order and docket sheet received.
March 2, 2023 ***Civil Case Terminated per Order at DE 10. (ln) [Transferred from Tennessee Middle on 3/2/2023.]
March 1, 2023 Opinion or Order Filing 10 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 William L. Campbell, Jr on 03/01/2023. (lh) [Transferred from Tennessee Middle on 3/2/2023.]
March 1, 2023 Filing 9 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.]
March 1, 2023 Filing 8 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.]
February 7, 2023 Opinion or Order Filing 7 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). Lead counsel for the parties shall attend the initial case management conference. Signed by District Judge William L. Campbell, Jr on 2/7/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln) [Transferred from Tennessee Middle on 3/2/2023.]
February 6, 2023 Filing 6 NOTICE of Initial Case Management Conference by Telephone set for 4/4/2023 at 10:30 AM before Magistrate Judge Alistair Newbern. (ln) [Transferred from Tennessee Middle on 3/2/2023.]
February 6, 2023 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, L.P., TPG Partners VII, L.P., TPG, Inc. Service copies will be returned to counsel by mail. (ln) [Transferred from Tennessee Middle on 3/2/2023.]
February 3, 2023 Filing 4 ****DISREGARD. ENTERED IN ERROR.**** NOTICE of Initial Case Management Conference by Telephone set for 4/4/2023 at 10:00 AM before Magistrate Judge Alistair Newbern. (ln) Modified on 2/6/2023 (ln). [Transferred from Tennessee Middle on 3/2/2023.]
February 3, 2023 Filing 3 NOTICE of Business Entity Disclosure Statement filing requirement. (ln) [Transferred from Tennessee Middle on 3/2/2023.]
February 3, 2023 Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ln) [Transferred from Tennessee Middle on 3/2/2023.]
February 3, 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, L.P., TPG Partners VII, L.P., TPG, Inc. (Filing fee $402, Receipt number ATNMDC-3756650) filed by Larry Banniza. (Attachments: #1 Attachment 1 - Civil Cover Sheet)(ln) [Transferred from Tennessee Middle on 3/2/2023.]
February 3, 2023 TN State Bar status verified as active for Mark P. Chalos, Hannah R. Lazarz admitted to this court. (ln) [Transferred from Tennessee Middle on 3/2/2023.]

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Plaintiff: Larry Banniza
Represented By: Hannah R. Lazarz
Represented By: Mark P. Chalos
Represented By: Hannah Lazarz
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