Clarke v. Exactech, Inc. et al
| Timothy Clarke |
| Exactech, Inc., Exactech U.S., Inc., TPG Inc, Osteon Holdings Inc, Osteon Merger Sub Inc and Osteon Intermediate Holdings II Inc. |
| 1:2024cv04115 |
| June 10, 2024 |
| U.S. 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-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on June 10, 2024. A more recent docket listing may be available from PACER.
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| Filing 20 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 (KD) |
| Filing 19 Case transferred in from District of Oklahoma Northern; Case Number 4:24-cv-00252. Original file certified copy of transfer order and docket sheet received. |
| The case of Clarke v. Exactech, Inc. et al, has been transferred from U.S. District Court for the Northern District of Oklahoma (Tulsa) to the Eastern District of New York. The new case number is 24-cv-4115. 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) |
| ***Civil Case Terminated (see document number #18 ) (drw, Dpty Clk) [Transferred from Oklahoma Northern on 6/10/2024.] |
Filing 18
ORDER by Tiffaney D Pete, Clerk of the MDL Panel, transferring case (terminates case) (drw, Dpty Clk) [Transferred from Oklahoma Northern on 6/10/2024.]
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| Filing 17 ***Remark: Received Minute Order from MDL re: transferee clerk to transmit a certified copy of the Panel Order to transfer to the district court from which the action is being transferred (drw, Dpty Clk) [Transferred from Oklahoma Northern on 6/10/2024.] |
| Filing 16 ***Remark: Received Conditional Transfer Order from MDL re: stay is lifted (drw, Dpty Clk) [Transferred from Oklahoma Northern on 6/10/2024.] |
| Filing 15 ATTORNEY APPEARANCE by Michael Franklin Smith on behalf of Timothy Clarke [Note: Attorney Michael Franklin Smith added to party Timothy Clarke(pty:pla).] (Smith, Michael) [Transferred from Oklahoma Northern on 6/10/2024.] |
| Filing 14 STIPULATION of Dismissal, dismissing TPG, Inc.; Osteon Holdings, Inc.; Osteon Merger Sub, Inc.; Osteon Intermediate Holdings II, Inc., dismissing all claims against the parties dismissed without prejudice by this Stipulation, by Timothy Clarke (Smolen, Donald) [Transferred from Oklahoma Northern on 6/10/2024.] |
| Filing 13 ATTORNEY APPEARANCE by Donald Eugene Smolen, II on behalf of Timothy Clarke (Smolen, Donald) [Transferred from Oklahoma Northern on 6/10/2024.] |
| Filing 12 STATUS REPORT on Removed Action by Exactech U.S., Inc., Exactech, Inc. (Phillips, Harris) [Transferred from Oklahoma Northern on 6/10/2024.] |
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Filing 11
MINUTE ORDER by Magistrate Judge Jodi F Jayne ; setting/resetting deadline(s)/hearing(s): ( Miscellaneous Deadline set for 6/25/2024); granting #10 Motion for Extension of Time to Answer (Re: #10 Unopposed MOTION for Extension of Time to Answer ) (This entry is the Official Order of the Court. No document is attached.) (sdc, Dpty Clk) [Transferred from Oklahoma Northern on 6/10/2024.]
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| Filing 10 Unopposed MOTION for Extension of Time to Answer (Re: State Court Petition/Complaint ) by Exactech U.S., Inc., Exactech, Inc. (Phillips, Harris) [Transferred from Oklahoma Northern on 6/10/2024.] |
| Filing 9 Amended DISCLOSURE STATEMENT (identifying: Corporate Parent Osteon Holdings, Inc., Corporate Parent TPG, Inc. for Exactech, Inc.) by Exactech, Inc. (Phillips, Harris) [Transferred from Oklahoma Northern on 6/10/2024.] |
| Filing 8 Amended DISCLOSURE STATEMENT (identifying: Corporate Parent TPG, Inc. for Exactech U.S., Inc. ) by Exactech U.S., Inc. (Phillips, Harris) [Transferred from Oklahoma Northern on 6/10/2024.] |
| Filing 7 LETTER re: Local Counsel Requirement sent to Jay P Lefkowitz (drw, Dpty Clk) [Transferred from Oklahoma Northern on 6/10/2024.] |
| Filing 6 NOTICE OF ASSIGNMENT OF CASE TO A UNITED STATES MAGISTRATE JUDGE AND DECLINATION OF CONSENT FORM. ACTION REQUIRED: This case has been randomly assigned to a United States magistrate judge for all purposes, including trial, final entry of judgment, and direct review by the Tenth Circuit Court of Appeals. Each party will be deemed to have knowingly and voluntarily consented to proceed before the assigned Magistrate Judge, if the attached form is not signed and returned within the applicable deadline. The plaintiff or removing party must serve a copy of this notice upon all other parties to this action. (drw, Dpty Clk) [Transferred from Oklahoma Northern on 6/10/2024.] |
| Filing 5 MINUTE ORDER by Court Clerk , directing Timothy Clarke, Exactech, Inc., Exactech U.S., Inc., TPG Inc., Osteon Holdings, Inc., Osteon Merger Sub, Inc., and Osteon Intermediate Holdings II, Inc. to file a Disclosure Statement pursuant to FRCvP 7.1 and LCvR 7.1-1, if applicable. The parties shall use the form entitled Disclosure Statement available on the Courts website. (This entry is the Official Order of the Court. No document is attached.) (drw, Dpty Clk) [Transferred from Oklahoma Northern on 6/10/2024.] |
| Filing 4 DISCLOSURE STATEMENT (identifying: Corporate Parent TPG, Inc. for Exactech U.S., Inc., Exactech, Inc.) by Exactech U.S., Inc., Exactech, Inc. (Phillips, Harris) (Main Document 4 replaced on 5/28/2024 to upload correct PDF) (atn, Dpty Clk). [Transferred from Oklahoma Northern on 6/10/2024.] |
| Filing 3 ATTORNEY APPEARANCE by Harris A Phillips, III on behalf of Exactech U.S., Inc., Exactech, Inc. (Phillips, Harris) (Main Document 3 replaced on 5/28/2024 to upload correct PDF) (atn, Dpty Clk). [Transferred from Oklahoma Northern on 6/10/2024.] |
| Filing 2 NOTICE of Removal with Jury Demand from Tulsa County District Court, case number CJ-2024-493 (paid $405 filing fee; receipt number AOKNDC-3013255) by Exactech U.S., Inc., Exactech, Inc. (With attachments) (Phillips, Harris) (Main Document 2, Attachment 1, and Attachment 2 replaced on 5/28/2024 to upload correct PDFs) (atn, Dpty Clk). [Transferred from Oklahoma Northern on 6/10/2024.] |
| Filing 1 CIVIL COVER SHEET by Exactech U.S., Inc., Exactech, Inc. (Phillips, Harris) (Main Document 1 replaced on 5/28/2024 to upload correct PDF) (atn, Dpty Clk). [Transferred from Oklahoma Northern on 6/10/2024.] |
| NOTICE of Docket Entry Modification; Error: Wrong PDF attached; Correction: Replaced with correct PDF (Re: #4 Disclosure Statement (Rule 7.1) ) (atn, Dpty Clk) [Transferred from Oklahoma Northern on 6/10/2024.] |
| NOTICE of Docket Entry Modification; Error: Wrong PDF attached; Correction: Replaced with correct PDF (Re: #3 Appearance - Attorney ) (atn, Dpty Clk) [Transferred from Oklahoma Northern on 6/10/2024.] |
| NOTICE of Docket Entry Modification; Error: Wrong PDFs attached; Correction: Replaced with correct PDFs (Re: #2 Notice of Removal, ) (atn, Dpty Clk) [Transferred from Oklahoma Northern on 6/10/2024.] |
| NOTICE of Docket Entry Modification; Error: Wrong PDF attached; Correction: Replaced with correct PDF (Re: #1 Civil Cover Sheet ) (atn, Dpty Clk) [Transferred from Oklahoma Northern on 6/10/2024.] |
| PETITION/COMPLAINT with Jury Demand filed in State Court against All Defendants by Timothy Clarke (drw, Dpty Clk) [Transferred from Oklahoma Northern on 6/10/2024.] |
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