MOORE et al v. EXACTECH, INC. et al
Plaintiff: Angelette Waters Moore and Victor Moore
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. and Osteon Intermediate Holdings II, Inc.
Case Number: 1:2023cv01696
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 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 20 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 19 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 18 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 17 NOTICE of Voluntary Dismissal by Angelette Waters Moore, Victor Moore as to Defendants TPG Partners VII, L.P., TPG Genpar VII, L.P. and TPG Genpar VII Advisors, LLC (Relkin, Ellen)
March 27, 2023 Filing 16 SUMMONS Returned Executed by Victor Moore, Angelette Waters Moore. Osteon Holdings Inc. served on 3/10/2023, answer due 3/31/2023. (Relkin, Ellen)
March 27, 2023 Filing 15 SUMMONS Returned Executed by Victor Moore, Angelette Waters Moore. Osteon Intermediate Holdings II, Inc. served on 3/10/2023, answer due 3/31/2023. (Relkin, Ellen)
March 27, 2023 Filing 14 SUMMONS Returned Executed by Victor Moore, Angelette Waters Moore. Osteon Merger Sub, Inc. served on 3/10/2023, answer due 3/31/2023. (Relkin, Ellen)
March 27, 2023 Filing 13 SUMMONS Returned Executed by Victor Moore, Angelette Waters Moore. TPG Inc served on 3/10/2023, answer due 3/31/2023. (Relkin, Ellen)
March 23, 2023 Opinion or Order Filing 12 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 11 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 10 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 9 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 10, 2023 Filing 8 SUMMONS Returned Executed by Victor Moore, Angelette Waters Moore. Exactech U.S., Inc. served on 3/9/2023, answer due 3/30/2023. (Relkin, Ellen)
March 10, 2023 Filing 7 SUMMONS Returned Executed by Victor Moore, Angelette Waters Moore. Exactech, Inc. served on 3/9/2023, answer due 3/30/2023. (Relkin, Ellen)
March 7, 2023 Opinion or Order Filing 6 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 5 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 4 Case transferred in from District of New Jersey; Case Number 2:23-cv-00713. Original file certified copy of transfer order and docket sheet received.
March 7, 2023 The case of Moore et al. v. Exactech, Inc., has been transferred from District of New Jersey to the Eastern District of New York. The new case number is 23-cv-1696. 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 3 Order of MDL Panel transferring case to the Eastern District of New York. (In Re: Exactech Polyethylene Orthopedic Products Liability Litigation MDL 3044 CTO 19 - Judge Nicholas G. Garaufis) (gh, ) [Transferred from New Jersey on 3/7/2023.]
February 15, 2023 Filing 2 SUMMONS ISSUED as to EXACTECH, INC., EXACTECH, U.S., 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.. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (dam) [Transferred from New Jersey on 3/7/2023.]
February 15, 2023 Judge Susan D. Wigenton and Magistrate Judge James B. Clark added. (ps) [Transferred from New Jersey on 3/7/2023.]
February 15, 2023 CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. P. 7.1, a disclosure statement is required to be filed by parties and intervenors in diversity actions to identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Such disclosure statements must be filed with the parties, intervenors or proposed intervenors first appearance, pleading, petition, motion, response or other request addressed to the Court. (dam) [Transferred from New Jersey on 3/7/2023.]
February 7, 2023 Filing 1 COMPLAINT against EXACTECH, INC., EXACTECH, U.S., 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 and Admin fee $ 402 receipt number ANJDC-14015935) with JURY DEMAND, filed by VICTOR MOORE, ANGELETTE WATERS MOORE. (Attachments: #1 Civil Cover Sheet)(GOLD, DANIELLE) [Transferred from New Jersey on 3/7/2023.]

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Plaintiff: Angelette Waters Moore
Represented By: Danielle M. Gold
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Plaintiff: Victor Moore
Represented By: Danielle M. Gold
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Defendant: Exactech, Inc.
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Defendant: Exactech U.S., Inc.
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Defendant: TPG Inc
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Defendant: TPG Partners VII, L.P.
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Defendant: TPG Genpar VII, L.P.
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Defendant: TPG Genpar VII Advisors, LLC
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Defendant: Osteon Holdings Inc.
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Defendant: Osteon Merger Sub, Inc.
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Defendant: Osteon Intermediate Holdings II, Inc.
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