Burke v. Exactech, Inc. et al
Plaintiff: JAMES B BURKE and James B. Burke
Defendant: Exactech, Inc., Exactech, US, Inc. and Exactech US, Inc.
Case Number: 1:2022cv02086
Filed: March 14, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: John P Cronan
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. ยง 1332 pl Diversity-Product Liability
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 12, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 12, 2022 Opinion or Order Filing 20 ORDER The Initial Pretrial Conference (IPTC) currently scheduled for October 4, 2022, at 10:00 a.m. is adjourned to November 7, 2022, at 10:00 a.m. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. The parties shall file the pre-IPTC joint letter and the proposed case management plan and scheduling order by October 31, 2022. SO ORDERED. ( Initial Conference set for 11/7/2022 at 10:00 AM before Judge John P. Cronan.) (HEREBY ORDERED by Judge John P. Cronan) (Text Only Order) (mhe)
July 20, 2022 Opinion or Order Filing 19 ORDER The Initial Pretrial Conference (IPTC) currently scheduled for August 9, 2022, at 10:00 a.m. is adjourned to October 4, 2022, at 10:00 a.m. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. The parties shall file the pre-IPTC joint letter and the proposed case management plan and scheduling order by September 27, 2022. SO ORDERED. (HEREBY ORDERED by Judge John P. Cronan) (Text Only Order) (mhe)
July 5, 2022 Filing 18 AMENDED ANSWER to #1 Complaint, with JURY DEMAND. Document filed by Exactech US, Inc., Exactech, Inc...(Mekles, Erica)
June 16, 2022 Opinion or Order Filing 17 NOTICE OF ASSIGNMENT: This case has been assigned to the undersigned for all purposes. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-john-p-cronan. Counsel for all parties are hereby ORDERED to appear before the undersigned for an Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on August 9, 2022, at 10:00 a.m. Unless the Court orders otherwise, the Court will conduct the IPTC by teleconference. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and Individual Rules to that party personally. And as set forth herein. SO ORDERED.Telephonic Initial Conference set for 8/9/2022 at 10:00 AM before Judge John P. Cronan. (Signed by Judge John P. Cronan on 6/16/2022) (ama)
June 15, 2022 Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Osteon Holdings for Exactech, Inc.. Document filed by Exactech, Inc...(Mekles, Erica)
June 15, 2022 Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Exactech, Inc. for Exactech US, Inc.. Document filed by Exactech US, Inc...(Mekles, Erica)
June 15, 2022 Filing 14 ANSWER to #1 Complaint, with JURY DEMAND. Document filed by Exactech US, Inc., Exactech, Inc...(Mekles, Erica)
May 19, 2022 Filing 13 SUMMONS RETURNED EXECUTED. Exactech US, Inc. served on 5/18/2022, answer due 6/8/2022. Service was accepted by Mona Lisa Hart, Registered Agent Corporation Service Company. Document filed by James B. Burke..(Silverman, Craig)
May 19, 2022 Filing 12 SUMMONS RETURNED EXECUTED. Exactech, Inc. served on 5/18/2022, answer due 6/8/2022. Service was accepted by Mona Lisa Hart, Registered Agent Corporation Service Company. Document filed by James B. Burke..(Silverman, Craig)
April 19, 2022 Filing 11 SUMMONS RETURNED EXECUTED. Exactech US, Inc. served on 4/13/2022, answer due 5/4/2022. Service was accepted by Devin Olson, Authorized Representative. Document filed by James B. Burke..(Silverman, Craig)
April 19, 2022 Filing 10 SUMMONS RETURNED EXECUTED. Exactech, Inc. served on 4/13/2022, answer due 5/4/2022. Service was accepted by Devin Olson, Authorized Representative. Document filed by James B. Burke..(Silverman, Craig)
March 16, 2022 Filing 9 ELECTRONIC SUMMONS ISSUED as to Exactech US, Inc...(lal)
March 16, 2022 Filing 8 ELECTRONIC SUMMONS ISSUED as to Exactech, Inc...(lal)
March 16, 2022 Magistrate Judge Sarah L. Cave is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vba)
March 16, 2022 CASE ACCEPTED AS RELATED. Create association to 1:22-cv-01994-JPC. Notice of Assignment to follow. (vba)
March 16, 2022 NOTICE OF CASE REASSIGNMENT to Judge John P. Cronan. Judge Unassigned is no longer assigned to the case. (vba)
March 15, 2022 Filing 7 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:22-cv-01994. Document filed by James B. Burke..(Silverman, Craig)
March 15, 2022 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Exactech US, Inc., re: #1 Complaint,. Document filed by James B. Burke..(Silverman, Craig)
March 15, 2022 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Exactech, Inc., re: #1 Complaint,. Document filed by James B. Burke..(Silverman, Craig)
March 15, 2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Craig M Silverman to RE-FILE Document No. #4 Request for Issuance of Summons, #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Party name error, Exactech US, Inc. must match exactly on PDF and docket entry. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)
March 15, 2022 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Craig M Silverman, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (sj)
March 15, 2022 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Craig M Silverman. The following case opening statistical information was erroneously selected/entered: Citizenship Defendant code 2 (Citizen of Another State); Dollar Demand (none). The following correction(s) have been made to your case entry: the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the Dollar Demand has been modified to $75,000. (sj)
March 15, 2022 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Craig M Silverman. The party information for the following party/parties has been modified: James B. Burke, Exactech US, Inc.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps. (sj)
March 15, 2022 Case Designated ECF. (sj)
March 15, 2022 CASE REFERRED TO Judge John P. Cronan as possibly related to 1:22cv1994. (sj)
March 15, 2022 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj)
March 14, 2022 Filing 4 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to EXACTECH, US, INC., re: #1 Complaint. Document filed by JAMES B BURKE..(Silverman, Craig) Modified on 3/15/2022 (sj).
March 14, 2022 Filing 3 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to EXACTECH, INC., re: #1 Complaint. Document filed by JAMES B BURKE..(Silverman, Craig) Modified on 3/15/2022 (sj).
March 14, 2022 Filing 2 CIVIL COVER SHEET filed..(Silverman, Craig)
March 14, 2022 Filing 1 COMPLAINT against Exactech, Inc., Exactech, US, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25857357)Document filed by JAMES B BURKE. (Attachments: #1 Exhibit Ex. 1 - Dear Doctor Ltr, #2 Exhibit Ex. 2 - Patient Ltr).(Silverman, Craig)

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Plaintiff: JAMES B BURKE
Represented By: Craig M Silverman
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Plaintiff: James B. Burke
Represented By: Craig M Silverman
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Defendant: Exactech, Inc.
Represented By: Erica M. Singer Mekles
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Defendant: Exactech, US, Inc.
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Defendant: Exactech US, Inc.
Represented By: Erica M. Singer Mekles
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