Palumbo v. Exactech Inc et al
| Anthony Palumbo, Jr. and Anthony Palumbo, Jr |
| Exactech Inc and Exactech US Inc |
| 3:2020cv02093 |
| August 6, 2020 |
| US District Court for the Northern District of Texas |
| Barbara M G Lynn |
| Torts/Pers Inj: Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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| Filing 57 Joint STIPULATION OF DISMISSAL by Anthony Palumbo, Jr. (Tecce, Marc) |
| Civil Case Terminated per #57 Joint Stipulation of Dismissal. (ykp) |
Filing 56
ORDER Granting #55 Motion to Stay filed by Exactech Inc. The Court STAYS the current case deadlines for a period of ninety-one days after this Order is entered for the parties to finalize the resolution of the case and file proposed final dismissal documents. (Ordered by Chief Judge Barbara M. G. Lynn on 9/26/2021) (svc)
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| Filing 55 Agreed MOTION to Stay of Proceedings filed by Exactech Inc, Exactech US Inc (Bjork, Sheryl) |
| Filing 54 Public Correspondence addressed to Judge re: Copies by Anthony Palumbo, Jr as to #29 Response/Objection, #26 MOTION for Protective Order to Quash Certain Matters of Examination Noticed in Plaintiff's 30(b)(6) Notice and Brief in Support Thereof, #30 Appendix in Support, #28 Order Referring Motion, 49 Order on Motion to Continue. (Shaw, Thomas) Modified event text on 9/17/2021 (jmg). |
| Filing 53 Appendix in Support filed by Exactech Inc, Exactech US Inc re #52 Response/Objection, to Plaintiff's Motion for Additional Time, Under Rule 56(d) of The Federal Rules of Civil Procedure, to Respond to Defendants' Motion for Summary Judgment and Brief in Support Thereof, or, in the Alternative, Motion to Reconsider the Court's Order on the Agreed Motion to Extend Time to File Response to Defendants' Motion for Summary Judgment (Attachments: #1 Exhibit(s) 1 - 9) (Bjork, Sheryl) |
| Filing 52 RESPONSE filed by Exactech Inc, Exactech US Inc re: #50 MOTION for Extension of Time to File Response/Reply to #33 MOTION for Summary Judgment MOTION for Reconsideration re #41 Order on Motion to Extend Time to File Response/Reply (Bjork, Sheryl) |
| Filing 51 Appendix in Support filed by Anthony Palumbo, Jr re #50 MOTION for Extension of Time to File Response/Reply to #33 MOTION for Summary Judgment MOTION for Reconsideration re #41 Order on Motion to Extend Time to File Response/Reply (Shaw, Thomas) |
| Filing 50 MOTION for Extension of Time to File Response/Reply to #33 MOTION for Summary Judgment or in the Alternative MOTION for Reconsideration re #41 Order on Motion to Extend Time to File Response/Reply filed by Anthony Palumbo, Jr with Brief/Memorandum in Support. (Shaw, Thomas) Modified text on 9/10/2021 (mjr). |
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Filing 49
ELECTRONIC ORDER: This cause is before the Court on Defendants' Motion to Continue the Hearing for Defendants' Motion for Protective Order, Doc. #47 . Upon consideration, the motion is GRANTED. The hearing on Defendants' motion is thus rescheduled to September 17, 2021 at 1:00 p.m. in Courtroom 1620, 1100 Commerce St., Dallas, TX 75242-1310 before Magistrate Judge Renee Harris Toliver (Ordered by Magistrate Judge Renee Harris Toliver on 9/8/2021) (chmb)
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Filing 48
ELECTRONIC ORDER: Motion Hearing reset for 9/9/2021 10:00 AM via Video Teleconference before Magistrate Judge Renee Harris Toliver. (Ordered by Magistrate Judge Renee Harris Toliver on 9/8/2021) (mcrd)
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| Filing 47 MOTION to Continue the Hearing for Defendants' Motion for Protective Order filed by Exactech Inc, Exactech US Inc (Smaron, Matthew) |
| Filing 46 Appendix in Support filed by Anthony Palumbo, Jr re #45 Response/Objection to Motion to Limit Testimony (Attachments: #1 Exhibit(s)) (Tecce, Marc) |
| Filing 45 RESPONSE filed by Anthony Palumbo, Jr re: #36 MOTION Defendants' Motion to Limit the Testimony of James Brooks, M.D. (Tecce, Marc) |
| Filing 44 (Document Restricted) Sealed Appendix in Support re: #43 Response/Objection (Sealed pursuant to order dated 3/26/2021) filed by Anthony Palumbo, Jr (Attachments: #1 Exhibit(s)) (Tecce, Marc) |
| Filing 43 RESPONSE filed by Anthony Palumbo, Jr re: #38 MOTION Defendants' Motion to Exclude Plaintiff's Expert Witness, Joe Ventimiglia, M.D. (Tecce, Marc) |
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Filing 42
ELECTRONIC ORDER: Motion Hearing set for 9/9/2021 10:00 AM in US Courthouse, Courtroom 1620, 1100 Commerce St., Dallas, TX 75242-1310 before Magistrate Judge Renee Harris Toliver. (Ordered by Magistrate Judge Renee Harris Toliver on 9/7/2021) (mcrd)
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Filing 41
ORDER granting #40 Agreed Motion to Extend Time to File Response to Defendants' Motion for Summary Judgment. Responses due by 9/20/2021. (Ordered by Chief Judge Barbara M. G. Lynn on 9/3/2021) (mjr)
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| Filing 40 MOTION for Extension of Time to File Response/Reply to #33 MOTION for Summary Judgment filed by Anthony Palumbo, Jr (Attachments: #1 Proposed Order) (Tecce, Marc) |
| Filing 39 REPLY filed by Exactech Inc, Exactech US Inc re: #29 Response/Objection (McKinzie, Amanda) |
| Filing 38 MOTION Defendants' Motion to Exclude Plaintiff's Expert Witness, Joe Ventimiglia, M.D. filed by Exactech Inc, Exactech US Inc with Brief/Memorandum in Support. (McKinzie, Amanda) Modified text on 8/17/2021 (mjr). |
| Filing 37 Appendix in Support filed by Exactech Inc, Exactech US Inc re #36 MOTION Defendants' Motion to Limit the Testimony of James Brooks, M.D. (McKinzie, Amanda) |
| Filing 36 MOTION Defendants' Motion to Limit the Testimony of James Brooks, M.D. filed by Exactech Inc, Exactech US Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (McKinzie, Amanda) |
| Filing 35 Appendix in Support filed by Exactech Inc, Exactech US Inc re #34 Brief/Memorandum in Support. (McKinzie, Amanda) Modified linkage and text on 8/17/2021 (mjr). |
| Filing 34 Brief/Memorandum in Support filed by Exactech Inc, Exactech US Inc re #33 MOTION for Summary Judgment (McKinzie, Amanda) |
| Filing 33 MOTION for Summary Judgment filed by Exactech Inc, Exactech US Inc (Attachments: #1 Proposed Order) (McKinzie, Amanda) |
| Filing 32 Appendix in Support filed by Exactech Inc re #38 MOTION Defendants' Motion to Exclude Plaintiff's Expert Witness, Joe Ventimiglia, M.D. (McKinzie, Amanda) Modified text on 8/17/2021 (svc). |
| Filing 31 ***DISREGARD FILED IN ERROR*** MOTION Defendants' Motion to Exclude Plaintiff's Expert Witness, Joe Ventimiglia, M.D. filed by Exactech Inc, Exactech US Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (McKinzie, Amanda) Modified on 8/17/2021 per atty request (svc). |
| Filing 30 Appendix in Support filed by Anthony Palumbo, Jr re #29 Response/Objection to Motion for Protective Order (Attachments: #1 Exhibit(s) Appendix Documents) (Tecce, Marc) Modified document restriction on 8/10/2021 (ykp). |
| Filing 29 RESPONSE filed by Anthony Palumbo, Jr re: #26 MOTION for Protective Order to Quash Certain Matters of Examination Noticed in Plaintiff's 30(b)(6) Notice and Brief in Support Thereof (Tecce, Marc) |
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Filing 28
Order Referring Motion re: #26 MOTION for Protective Order to Quash Certain Matters of Examination Noticed in Plaintiff's 30(b)(6) Notice and Brief in Support Thereof. The Motion is hereby REFERRED to Magistrate Judge Toliver for a hearing, if necessary, and recommendation or determination. (Ordered by Chief Judge Barbara M. G. Lynn on 7/20/2021) (ykp)
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| Filing 27 Appendix in Support filed by Exactech Inc, Exactech US Inc re #26 MOTION for Protective Order to Quash Certain Matters of Examination Noticed in Plaintiff's 30(b)(6) Notice and Brief in Support Thereof (Attachments: #1 Exhibit(s) 1-10) (Schmid, Kim) |
| Filing 26 MOTION for Protective Order to Quash Certain Matters of Examination Noticed in Plaintiff's 30(b)(6) Notice and Brief in Support Thereof filed by Exactech Inc, Exactech US Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Schmid, Kim) |
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Filing 25
ELECTRONIC ORDER granting #24 Application for Admission Pro Hac Vice of Matthew J. Smaron. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Chief Judge Barbara M. G. Lynn on 5/17/2021) (chmb)
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| Filing 24 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11887446) filed by Exactech Inc, Exactech US Inc Attorney Matthew J Smaron added to party Exactech Inc(pty:dft), Attorney Matthew J Smaron added to party Exactech US Inc(pty:dft) (Smaron, Matthew) |
| Filing 23 NOTICE of Defendants' Notice of Expert Disclosures filed by Exactech Inc, Exactech US Inc (McKinzie, Amanda) |
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Filing 22
AGREED PROTECTIVE ORDER (Ordered by Chief Judge Barbara M. G. Lynn on 3/26/2021) (ykp)
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| Filing 21 Joint MOTION for Protective Order filed by Exactech Inc, Exactech US Inc (Attachments: #1 Exhibit(s) A, #2 Proposed Order Agreed Protective Order) (McKinzie, Amanda) |
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Filing 20
ORDER granting the #18 Unopposed Motion to Substitute Counsel and for Leave to Proceed Without Local Counsel. IT IS ORDERED that Dimple D. Shah of is withdrawn as counsel for Defendants and that Amanda R. McKinzie will serve as the succeeding attorney. Sheryl A. Bjork and Kim M. Schmid will remain as counsel for Defendants. Defendants may proceed in this action without local counsel in accordance with Local Rule 83.10(a). (Ordered by Chief Judge Barbara M. G. Lynn on 3/11/2021) (twd)
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| Filing 19 Joint STIPULATION for Extension of Designation of Expert Deadlines by Exactech Inc, Exactech US Inc. (Bjork, Sheryl) |
| Filing 18 Unopposed MOTION to Substitute Attorney, and For Leave to Proceed Without Local Counsel added attorney Amanda Ruth McKinzie. Motion filed by Exactech US Inc, Exactech Inc (Attachments: #1 Proposed Order) (McKinzie, Amanda) |
| Filing 17 JOINT SETTLEMENT STATUS REPORT filed by Exactech Inc, Exactech US Inc. (Bjork, Sheryl) Modified Event text on 1/12/2021 (hml). |
| Filing 16 NOTICE of Service Rule 26(a)(1) Initial Disclosures filed by Exactech Inc, Exactech US Inc (Bjork, Sheryl) |
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Filing 15
SCHEDULING ORDER: Jury Trial set for three week docket beginning 11/15/2021 09:00 AM before Chief Judge Barbara M. G. Lynn. Joinder of Parties due by 1/11/2021. Amended Pleadings due by 1/11/2021. Motions due by 8/16/2021. Fact and Expert Discovery due by 6/21/2021. Settlement Status Report due by 1/11/2021. Pretrial Order due by 10/25/2021. Pretrial Materials due by 10/25/2021. Pretrial Conference set for 11/12/2021 09:00 AM before Chief Judge Barbara M. G. Lynn. (Ordered by Chief Judge Barbara M. G. Lynn on 10/30/2020) (axm)
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| Filing 14 Joint STATUS REPORT filed by Exactech Inc, Exactech US Inc. (Bjork, Sheryl) |
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Filing 13
ELECTRONIC ORDER granting #12 Application for Admission Pro Hac Vice of Kim M. Schmid. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Chief Judge Barbara M. G. Lynn on 10/19/2020) (chmb)
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| Filing 12 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11264237) filed by Exactech Inc, Exactech US Inc (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Proposed Order)Attorney Kim M Schmid added to party Exactech Inc(pty:dft), Attorney Kim M Schmid added to party Exactech US Inc(pty:dft) (Schmid, Kim) |
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Filing 11
ELECTRONIC ORDER granting #10 Application for Admission Pro Hac Vice of Sheryl A. Bjork. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Chief Judge Barbara M. G. Lynn on 10/13/2020) (chmb)
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| Filing 10 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11250975) filed by Exactech Inc, Exactech US Inc (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Proposed Order)Attorney Sheryl A Bjork added to party Exactech Inc(pty:dft), Attorney Sheryl A Bjork added to party Exactech US Inc(pty:dft) (Bjork, Sheryl) |
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Filing 9
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Joint Proposed Scheduling Order due by 10/28/2020. (Ordered by Chief Judge Barbara M. G. Lynn on 10/7/2020) (axm)
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| Filing 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Exactech Inc identifying Corporate Parent/Other Affilaite Osteon Holdings for Exactech Inc. (Shah, Dimple) Modified corporate parent on 10/6/2020 (mla). |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Exactech US Inc identifying Corporate Parent/Other Affiliate Exactech Inc for Exactech US Inc. (Shah, Dimple) Modified corporate parent on 10/6/2020 (mla). |
| Filing 6 ANSWER to #1 Complaint with Jury Demand filed by Exactech Inc, Exactech US Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorney Dimple Desai Shah added to party Exactech Inc (pty:dft), Exactech US Inc (pty:dft). (Shah, Dimple) |
| Filing 5 WAIVER OF SERVICE Returned Executed as to All Defendants. (Tecce, Marc) |
| Filing 4 Summons Issued as to Exactech Inc, Exactech US Inc. (jmg) |
| Filing 3 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (jmg) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT Corporate Parent/Other Affiliate TPG Capital LP to Exactech Inc and Corpoate Parent/Other Affiliate Exactech Inc to Exactech US Inc by Anthony Palumbo, Jr. (Tecce, Marc) |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Anthony Palumbo, Jr. (Filing fee $400; Receipt number 0539-11056431) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet) (Tecce, Marc) |
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