Consolidated
Lead case: 1:22-md-03044

New York Eastern District Court
Judge:Nicholas G Garaufis
Referred: Marcia M Henry
Case #: 1:24-cv-05666
Nature of Suit365 Torts - Personal Injury - Product Liability
Cause28:1332 Diversity-Product Liability
Case Filed:Sep 03, 2024
Case in other court:California Northern, 5:24-cv-04678
Last checked: Sunday Mar 02, 2025 4:15 AM EST
Defendant
Does 1 through One Hundred
Defendant
Exactech U.S. Inc.
Represented By
David Paul Koller, I
Faegre Drinker Biddle & Reath LLP
contact info
Plaintiff
Michael Kelly
Represented By
Michael Albert Kelly
Walkup, Melodia, Kelly & Schoenberger
contact info
Jeffrey Albert Clause
Walkup, Melodia, Kelly & Schoenberger
contact info


Docket last updated: 05/09/2025 11:59 PM EDT
Friday, November 01, 2024
order ~Util - Case Stayed Tue 11/05 9:28 AM
Case stayed for Bankruptcy Proceeding. Associated Cases: 1:22-md-03044-NGG-MMH et al.(TLH)
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Wednesday, October 02, 2024
10 10 misc Status Report Wed 10/02 9:42 PM
STATUS REPORT (Joint) by Exactech, Inc., Exactech, US, Inc. Associated Cases: 1:22-md-03044-NGG-MMH et al. (Kanute, Michael)
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Wednesday, September 04, 2024
9 9 misc Clerks Notice of Rule 73 Wed 09/04 7:33 AM
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:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (KD)
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8 8 transfer Case Transferred In - District Transfer (DEACTIVATED EVENT - DO NOT USE) Wed 09/04 7:26 AM
Case transferred in from District of California Northern; Case Number 5:24-cv-04678. Original file certified copy of transfer order and docket sheet received.
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misc ECF Admission and Registration Notification - Transfer Wed 09/04 8:10 AM
The case of Kelly v. Exactech U.S., Inc. et al , has been transferred from California Northern to the Eastern District of New York. The new case number is 24-cv-5666 . 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)
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Tuesday, September 03, 2024
7 7 CONDITIONAL TRANSFER ORDER (CTO-59). Signed by MDL Panel on 8/13/2024. (ecg, COURT STAFF) [Transferred from California Northern on 9/4/2024.]
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Friday, August 09, 2024
6 6 ORDER GRANTING *AS MODIFIED BY THE COURT* 5 JOINT STIPULATION TO STAY DEADLINES PENDING CONDITIONAL TRANSFER ORDER. Joint status report due 10/8/2024. Signed by Judge Susan van Keulen on 8/9/2024. (svklc1, COURT STAFF) [Transferred from California Northern on 9/4/2024.]
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Thursday, August 08, 2024
5 5 STIPULATION WITH PROPOSED ORDER to Stay Deadlines Pending Conditional Transfer Order filed by Exactech U.S., Inc..(Koller, David) [Transferred from California Northern on 9/4/2024.]
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Att: 1 Proposed Order
Monday, August 05, 2024
4 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/29/2024. Initial Case Management Conference set for 11/5/2024 09:30 AM in San Jose, - Videoconference Only. (hdj, COURT STAFF) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from California Northern on 9/4/2024.]
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Friday, August 02, 2024
3 3 Case assigned to Magistrate Judge Susan van Keulen. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/16/2024. (ark, COURT STAFF) [Transferred from California Northern on 9/4/2024.]
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Thursday, August 01, 2024
2 2 Corporate Disclosure Statement by Exactech U.S., Inc. identifying Corporate Parent TPG, Inc., Other Affiliate Exactech, Inc., a Florida corporation, Other Affiliate Osteon Holdings, Inc. a Delaware company for Exactech U.S., Inc.. and Notice of Interested Parties identifying Plaintiff Michael Kelly and Defendant Exactech U.S., Inc. as Interested Parties (Koller, David) [Transferred from California Northern on 9/4/2024.]
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1 1 NOTICE OF REMOVAL from Santa Clara Superior Court. Their case number is 24STCV441374. (Filing fee $405 receipt number ACANDC-19685118). Filed by Exactech U.S., Inc..(Koller, David) [Transferred from California Northern on 9/4/2024.]
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Att: 1 Civil Cover Sheet,
Att: 2 Declaration of David P. Koller in Support of Removal