Wagner et al v. Exactech, Inc. et al
Plaintiff: Roosevelt Wagner and Rebecca Wagner
Defendant: Exactech Inc and Exactech US, Inc.
Case Number: 1:2023cv02384
Filed: June 26, 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. ยง 1332 Diversity-Product Liability
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 29, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 29, 2023 Filing 11 CERTIFICATE OF SERVICE by Rebecca Wagner, Roosevelt Wagner of Short Form Complaint (Borgess, Pamela)
July 29, 2023 Filing 10 AMENDED COMPLAINT (SHORT FORM) against All Defendants, filed by Rebecca Wagner, Roosevelt Wagner. (Borgess, Pamela)
July 25, 2023 Filing 9 NOTICE by Rebecca Wagner, Roosevelt Wagner Certification of Arbitration Ineligibility (Borgess, Pamela)
June 26, 2023 Filing 8 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (EG)
June 26, 2023 Filing 7 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. (EG)
June 26, 2023 Filing 6 Case transferred in from District of Ohio Northern; Case Number 5:23-cv-01156. Original file certified copy of transfer order and docket sheet received.
June 26, 2023 Filing 5 Conditional Transfer Order (CTO 31) by the Judicial Panel on Multidistrict Litigation. In re: MDL No. 3044 Exatech Polyethylene Orthopedic Products Liability Litigation. Case transferred to the Eastern District of New York and assigned to the Honorable Nicholas G. Garaufis. (M,CE) [Transferred from Ohio Northern on 6/26/2023.]
June 26, 2023 The case of Wagner et al v. Exactech, Inc. et al, has been transferred from Northern District of Ohio to the Eastern District of New York. The new case number is 23-cv-2384. 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. (EG)
June 20, 2023 Filing 4 Return of Service by certified mail executed upon Exactech US, Inc. on 6/15/2023, filed on behalf of Rebecca Wagner; Roosevelt Wagner (Attachments: #1 Exhibit Executed green card)(Borgess, Pamela) [Transferred from Ohio Northern on 6/26/2023.]
June 20, 2023 Filing 3 Return of Service by certified mail executed upon Exactech, Inc. on 6/15/2023, filed on behalf of Rebecca Wagner; Roosevelt Wagner (Attachments: #1 Exhibit Executed green card)(Borgess, Pamela) [Transferred from Ohio Northern on 6/26/2023.]
June 9, 2023 Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon Exactech US, Inc., Exactech Inc. (Attachments: #1 Magistrate Consent Form) (S,T) [Transferred from Ohio Northern on 6/26/2023.]
June 9, 2023 Judge John R. Adams assigned to case. (S,T) [Transferred from Ohio Northern on 6/26/2023.]
June 9, 2023 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Carmen E. Henderson. (S,T) [Transferred from Ohio Northern on 6/26/2023.]
June 8, 2023 Filing 1 Complaint with jury demand against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-12034457. Filed by Roosevelt Wagner. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons) (Borgess, Pamela) [Transferred from Ohio Northern on 6/26/2023.]

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Plaintiff: Roosevelt Wagner
Represented By: Pamela A. Borgess
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Plaintiff: Rebecca Wagner
Represented By: Pamela A. Borgess
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Defendant: Exactech Inc
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Defendant: Exactech US, Inc.
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