Porta v. Exactech, Inc. et al
| Alfredo Porta |
| Exactech Inc, Exactech U.S., Inc., TPG Inc, Osteon Holdings, Inc., Osteon Merger Sub, Inc., Osteon Intermediate Holdings II, Inc. and Michael Laczkowski |
| 1:2024cv02824 |
| April 16, 2024 |
| 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-(Citizenship) |
| None |
Docket Report
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| Filing 34 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (AF) |
| Filing 33 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (AF) |
| Filing 32 Case transferred in from District of Connecticut; Case Number 3:24-cv-00009. Original file certified copy of transfer order and docket sheet received. |
| The case of Porta v. Exactech, Inc. et al, has been transferred from District of Connecticut to the Eastern District of New York. The new case number is 24-cv-2824. 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. (AF) |
| Filing 31 AMDL Transfer Order. Case transferred to the Eastern District of New York. Signed by Karen K. Caldwell, MDL Panel on 4/16/2024.(Lewis, D) [Transferred from Connecticut on 4/17/2024.] |
| JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Lewis, D) [Transferred from Connecticut on 4/17/2024.] |
| Filing 30 Docket Entry Correction: Rule 26(f) Meeting Report deadline ENTERED IN ERROR. (Reis, Julia) [Transferred from Connecticut on 4/17/2024.] |
| ENTERED IN ERROR: Set Deadlines/Hearings: Rule 26(f) Meeting Report due by 3/18/2024. (Khabbaz, D.) Modified on 2/5/2024 to reflect error, entered in incorrect case (Reis, Julia). [Transferred from Connecticut on 4/17/2024.] |
| Filing 29 REPLY to Response to #5 MOTION to Remand to State Court Reply to Opposition to Motion to Remand filed by Alfredo Porta. (Faxon, Joel) [Transferred from Connecticut on 4/17/2024.] |
| Filing 28 RESPONSE re #5 MOTION to Remand to State Court filed by Exactech U.S., Inc., Exactech, Inc.. (Powell, Sean) [Transferred from Connecticut on 4/17/2024.] |
| Filing 27 NOTICE of Appearance by Sean J. Powell on behalf of Exactech U.S., Inc., Exactech, Inc., Michael Laczkowski (Powell, Sean) [Transferred from Connecticut on 4/17/2024.] |
| Filing 26 NOTICE of Appearance by Cameron Ginder on behalf of Osteon Holdings, Inc., Osteon Intermediate Holdings II, Inc., Osteon Merger Sub, Inc., TPG Inc. (Attachments: #1 Certificate of Good Standing)(Ginder, Cameron) [Transferred from Connecticut on 4/17/2024.] |
| Filing 25 Minute Entry. Proceedings held before Judge Jeffrey A. Meyer: Telephonic Motion Hearing/Status Conference held on 1/12/2024; granting #17 Joint MOTION to Stay Deadlines Pending Resolution of Motion for Remand and Conditional Transfer Order filed by Exactech U.S., Inc., Michael Laczkowski, Exactech, Inc.; Stay does not apply to the briefing schedule for Motion for Remand. 13 minutes(Court Reporter Diana Huntington.) (Lewis, D) [Transferred from Connecticut on 4/17/2024.] |
Filing 24
MEMORANDUM OF CONFERENCE AND ORDER. In accordance with today's status conference, the Court GRANTS the parties' joint motion to stay deadlines pending resolution of the motion to remand and/or conditional transfer order, with the understanding that the stay does not apply to the parties' briefing of the motion to remand. The Court will take under advisement the motion to remand in hopes of ruling on the motion as soon as it can, although it cannot promise at this time that its ruling will issue before action taken by the JPML. It is so ordered. Signed by Judge Jeffrey A. Meyer on 01/12/2024. (Parker, B.) [Transferred from Connecticut on 4/17/2024.]
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Filing 23
ORDER granting #20 Motion to Appear Pro Hac Vice for Attorney Cameron Ginder. Affidavit submitted as #21 . Certificate of Good Standing due by 3/12/2024. Signed by Clerk on 1/12/2024. (Chartier, A.) [Transferred from Connecticut on 4/17/2024.]
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Filing 22
ORDER granting #19 Motion to Appear Pro Hac Vice for Attorney Sean J. Powell. Signed by Clerk on 1/12/2024. (Chartier, A.) [Transferred from Connecticut on 4/17/2024.]
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| Filing 21 AFFIDAVIT Declaration Signed By Cameron Ginder filed by Osteon Holdings, Inc., Osteon Intermediate Holdings II, Inc., Osteon Merger Sub, Inc., TPG Inc.. (Kurzman, Marc) [Transferred from Connecticut on 4/17/2024.] |
| Filing 20 MOTION for Attorney(s) Cameron Ginder to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7611098) by Osteon Holdings, Inc., Osteon Intermediate Holdings II, Inc., Osteon Merger Sub, Inc., TPG Inc.. (Kurzman, Marc) [Transferred from Connecticut on 4/17/2024.] |
| Filing 19 MOTION for Attorney(s) Sean J. Powell to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7611083) by Exactech U.S., Inc., Exactech, Inc., Michael Laczkowski. (Attachments: #1 Exhibit A (Affidavit of Sean J. Powell, Esq.), #2 Certificate of Good Standing)(Mohan, Catherine) [Transferred from Connecticut on 4/17/2024.] |
| Filing 18 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Telephonic Status Conference set for 1/12/2024 02:00 PM before Judge Jeffrey A. Meyer. Parties are instructed to call 877-402-9753; Access Code 8576007#. (Lewis, D) [Transferred from Connecticut on 4/17/2024.] |
| Filing 17 Joint MOTION to Stay Deadlines Pending Resolution of Motion for Remand and Conditional Transfer Order by Exactech U.S., Inc., Exactech, Inc., Michael Laczkowski.Responses due by 1/30/2024 (Mohan, Catherine) [Transferred from Connecticut on 4/17/2024.] |
| Filing 16 Disclosure Statement by Osteon Holdings, Inc., Osteon Intermediate Holdings II, Inc., Osteon Merger Sub, Inc., TPG Inc.. (Kurzman, Marc) [Transferred from Connecticut on 4/17/2024.] |
| Set Deadlines/Hearings: Rule 26 Meeting Report due by 2/16/2024 (Lewis, D) [Transferred from Connecticut on 4/17/2024.] |
| Filing 15 NOTICE of Appearance by Marc J. Kurzman on behalf of Osteon Holdings, Inc., Osteon Intermediate Holdings II, Inc., Osteon Merger Sub, Inc., TPG Inc. (Kurzman, Marc) [Transferred from Connecticut on 4/17/2024.] |
| Filing 14 NOTICE of Appearance by Catherine A. Mohan on behalf of Michael Laczkowski (Mohan, Catherine) [Transferred from Connecticut on 4/17/2024.] |
| Filing 13 Disclosure Statement by Exactech U.S., Inc. identifying Corporate Parent Osteon Holdings, Inc., Corporate Parent TPG, Inc., Corporate Parent Exactech, Inc. for Exactech U.S., Inc.. (Mohan, Catherine) [Transferred from Connecticut on 4/17/2024.] |
| Filing 12 Disclosure Statement by Exactech, Inc. identifying Corporate Parent Osteon Holdings, Inc., Corporate Parent TPG, Inc. for Exactech, Inc.. (Mohan, Catherine) [Transferred from Connecticut on 4/17/2024.] |
| Filing 11 NOTICE of Appearance by Catherine A. Mohan on behalf of Exactech U.S., Inc. (Mohan, Catherine) [Transferred from Connecticut on 4/17/2024.] |
| Filing 10 NOTICE of Appearance by Catherine A. Mohan on behalf of Exactech, Inc. (Mohan, Catherine) [Transferred from Connecticut on 4/17/2024.] |
| Filing 9 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #1 Notice of Removal, filed by Exactech U.S., Inc., Exactech, Inc., #7 Electronic Filing Order, #6 Order on Pretrial Deadlines, 2 Notice re: Disclosure Statement, #8 Protective Order Signed by Clerk on 1/4/2024. (Attachments: #1 Standing Order on Removed Cases)(Chartier, A.) [Transferred from Connecticut on 4/17/2024.] |
| Filing 5 MOTION to Remand to State Court by Alfredo Porta.Responses due by 1/25/2024 (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H)(Faxon, Joel) [Transferred from Connecticut on 4/17/2024.] |
| Filing 4 NOTICE of Appearance by Brittany S. Cates on behalf of Alfredo Porta (Cates, Brittany) [Transferred from Connecticut on 4/17/2024.] |
| Filing 3 NOTICE of Appearance by Joel Thomas Faxon on behalf of Alfredo Porta (Faxon, Joel) [Transferred from Connecticut on 4/17/2024.] |
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Filing 8
STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 1/3/2024.(Chartier, A.) [Transferred from Connecticut on 4/17/2024.]
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Filing 7
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Jeffrey A. Meyer on 1/3/2024.(Chartier, A.) [Transferred from Connecticut on 4/17/2024.]
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Filing 6
Order on Pretrial Deadlines: Amended Pleadings due by 3/3/2024 Discovery due by 7/4/2024 Dispositive Motions due by 8/8/2024 Signed by Clerk on 1/3/2024.(Chartier, A.) [Transferred from Connecticut on 4/17/2024.]
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| Filing 2 Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 1/3/2024.(Perez, J.) [Transferred from Connecticut on 4/17/2024.] |
| Judge Jeffrey A. Meyer and Judge Thomas O. Farrish added. (Freberg, B) [Transferred from Connecticut on 4/17/2024.] |
| Filing 1 NOTICE OF REMOVAL by Exactech U.S., Inc., Exactech, Inc. from Superior Court J.D. of Fairfiled at Bridgeport, case number FBT-CV24-6129554-S. Filing fee $ 405 receipt number ACTDC-7600954, filed by Exactech U.S., Inc., Exactech, Inc.. (Attachments: #1 Exhibit A (Compl, summons, Notice of Service), #2 Exhibit B (TPG Consent), #3 Exhibit C (Laczkowski Declaration), #4 Exhibit D (State Court Notice of Removal))(Mohan, Catherine) [Transferred from Connecticut on 4/17/2024.] |
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