Couvillion v. Exactech Inc
Plaintiff: Michael Couvillion
Defendant: Exactech Inc
Case Number: 1:2023cv01689
Filed: March 6, 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 Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Product Liability
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 26, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 26, 2023 Filing 18 NOTICE of Appearance by Jayde Encalade on behalf of Michael Couvillion, Leona Huval, Penny LeBlanc (aty to be noticed) Associated Cases: 1:22-md-03044-NGG-MMH, 1:23-cv-01688-NGG-MMH, 1:23-cv-01689-NGG-MMH, 1:23-cv-01690-NGG-MMH (Encalade, Jayde)
April 25, 2023 Filing 17 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16634876 by Michael Couvillion. (Attachments: #1 Affidavit of Jayde Encalade ISO Motion to Admit Counsel Pro Hac Vice, #2 Certificate of Good Standing) (Encalade, Jayde)
April 25, 2023 Opinion or Order ORDER GRANTING #17 MOTION TO APPEAR Pro Hac Vice. Attorney Jayde R. Encalade is granted permission to appear pro hac vice on behalf Plaintiff Michael Couvillion. The attorney shall register for ECF at #www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. So Ordered by Magistrate Judge Marcia M. Henry on 04/25/2023. (RC)
April 10, 2023 Filing 16 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 15 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 14 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)
March 23, 2023 Opinion or Order Filing 13 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 12 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 11 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 10, 2023 Filing 10 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 9 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 7, 2023 Filing 8 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 7, 2023 Filing 7 Case transferred in from District of Louisiana Western; Case Number 6:23-cv-00162. Original file certified copy of transfer order and docket sheet received.
March 7, 2023 The case of Couvillion v. Exactech Inc., has been transferred from Western District of Louisiana to the Eastern District of New York. The new case number is 23-cv-1689. 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. (KD)
March 6, 2023 Opinion or Order Filing 6 ORDER FOR MULTI-DISTRICT LITIGATION TRANSFER CTO # 19, directing transfer to Eastern District of New York, In Re: Exactech Polyethylene Orthopedic Products Liability Litigation, MDL # 3044. Record electronically transmitted to receiving court. Case Terminated. All future pleadings should be filed with the newly assigned court. (crt,Alexander, E) [Transferred from Louisiana Western on 3/7/2023.]
February 27, 2023 Filing 5 NOTICE received via email from Clerk of Judicial Panel on Multidistrict Litigation transmitting Conditional Transfer Order #19 in MDL No. 3044, IN RE: Exactech Polyethylene Orthopedic Products Liability Litigation advising case shall be transferred to the Eastern District of New York upon request of the record. (crt,Alexander, E) [Transferred from Louisiana Western on 3/7/2023.]
February 22, 2023 Filing 4 AFFIDAVIT of Service by Michael Couvillion. Exactech Inc served on 2/9/23, answer due 3/2/23. (aty,Nelson, Korey) Modified to reflect answer due date on 2/23/2023 (Whitener, M). [Transferred from Louisiana Western on 3/7/2023.]
February 21, 2023 Filing 3 DIVERSITY JURISDICTION DISCLOSURE STATEMENT by Michael Couvillion. (aty,Nelson, Korey) [Transferred from Louisiana Western on 3/7/2023.]
February 7, 2023 Filing 2 SUMMONS ISSUED as to Exactech Inc. (crt,Whitener, M) [Transferred from Louisiana Western on 3/7/2023.]
February 6, 2023 CASE Assigned to Judge Robert R Summerhays and Magistrate Judge David J Ayo. (crt,Whitener, M) [Transferred from Louisiana Western on 3/7/2023.]
February 6, 2023 Filing 1 COMPLAINT against Exactech Inc with Jury Demand (Filing fee $402, receipt number ALAWDC-5450565) filed by Michael Couvillion. (Attachments: #1 Civil cover sheet)(Attorney Korey Arthur Nelson added to party Michael Couvillion(pty:pla))(aty,Nelson, Korey) (Attachment 1 replaced with non-fillable pdf on 2/7/2023) (Whitener, M). [Transferred from Louisiana Western on 3/7/2023.]

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Plaintiff: Michael Couvillion
Represented By: Korey Nelson
Represented By: Amanda Kate Klevorn
Represented By: Claire Bosarge
Represented By: Amanda K. Klevorn
Represented By: Jayde Encalade
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Defendant: Exactech Inc
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