Consolidated
Lead case: 1:22-md-03044

New York Eastern District Court
Judge:Nicholas G Garaufis
Referred: Marcia M Henry
Case #: 1:24-cv-04762
Nature of Suit365 Torts - Personal Injury - Product Liability
Cause28:1332 Diversity-Product Liability
Case Filed:Jul 09, 2024
Case in other court:West Virginia Northern, 1:24-cv-00060
Last checked: Saturday Aug 24, 2024 5:37 AM EDT
Defendant
Exactech Inc
Represented By
Michael J. Farrell
Farrell White & Legg PLLC
contact info
Erik W. Legg
Farrell White & Legg PLLC
contact info
Defendant
Exactech U.S. Inc.
Represented By
Michael J. Farrell
Farrell White & Legg PLLC
contact info
Erik W. Legg
Farrell White & Legg PLLC
contact info
Plaintiff
Dennis Sole
Represented By
Brian J. Headley
Headley Law Firm LLC
contact info
Paul Andrew Kettering
Headley Law Firm LLC
contact info
Plaintiff
Tammy Sole
Represented By
Brian J. Headley
Headley Law Firm LLC
contact info
Paul Andrew Kettering
Headley Law Firm LLC
contact info


Docket last updated: 09/30/2024 11:59 PM EDT
Thursday, July 11, 2024
10 10 misc Clerks Notice of Rule 73 Thu 07/11 10:27 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] (SDM)
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9 9 transfer Case Transferred In - District Transfer (DEACTIVATED EVENT - DO NOT USE) Thu 07/11 10:24 AM
Case transferred in from District of West Virginia Northern; Case Number 1:24-cv-00060. Original file certified copy of transfer order and docket sheet received.
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misc ECF Admission and Registration Notification - Transfer Thu 07/11 10:26 AM
The case of Sole et al v. Exactech, Inc. et al , has been transferred from Northern District of West Virginia to the Eastern District of New York. The new case number is 24-cv-4762 . 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. (SDM)
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Tuesday, July 09, 2024
8 8 CERTIFIED COPY OF JPML CONDITIONAL TRANSFER ORDER FINALIZED (CTO-57) - 1 action(s) re: pldg. ( 435 in MDL No. 3044, 1 in WVN/1:24-cv-00060) Inasmuch as no objection is pending at this time, the stay is lifted. Signed by Acting Clerk of the Panel Marcella R. Lockert on 7/8/2024. Associated Cases: MDL No. 3044, WVN/1:24-cv-00060. (snc) [Transferred from West Virginia Northern on 7/11/2024.]
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Case transferred to the Eastern District of New York re MDL 3044. Entire Case file electronically transmitted. (snc) [Transferred from West Virginia Northern on 7/11/2024.]
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Thursday, June 27, 2024
7 7 ORDER GRANTING JOINT MOTION TO STAY (ECF NO. 5 ). The Court GRANTS the motion, STAYS all deadlines in this civil action pending the anticipated transfer of this case. Accordingly, the First Order and Notice Regarding Discovery and Scheduling 4 is TERMINATED. Signed by Chief District Judge Thomas S. Kleeh on 06/27/2024. (snc) [Transferred from West Virginia Northern on 7/11/2024.]
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6 6 Proposed AGREED Order GRANTING MOTION TO STAY re5 Joint MOTION to Stay re4 FirstOrder,, DEADLINES PENDING CONDITIONAL TRANSFER ORDER by Exactech, Inc., Exactech U.S., Inc.. (Legg, Erik) [Transferred from West Virginia Northern on 7/11/2024.]
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5 5 Joint MOTION to Stay re4 FirstOrder,, DEADLINES PENDING CONDITIONAL TRANSFER ORDER by Exactech U.S., Inc., Exactech, Inc..(Legg, Erik) [Transferred from West Virginia Northern on 7/11/2024.]
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Att: 1 Exhibit A (Notice of Potential Tag-Along Actions and attachments thereto)
Monday, June 24, 2024
4 4 FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING: ***NOTICE TO ATTORNEYS*** : Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, ALL Non-governmental CORPORATE parties must file a DISCLOSURE STATEMENT with the Court. Forms are available on the Court's Web Site at http://www.wvnd.uscourts.gov/forms.htm Rule 26 Meeting to be held by 7/24/2024. Rule 26 Meeting Report due by 8/7/2024. Discovery due by 8/26/2024. Signed by Chief District Judge Thomas S Kleeh on 6/24/2024. (dk) [Transferred from West Virginia Northern on 7/11/2024.]
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Thursday, June 20, 2024
3 3 Corporate Disclosure Statement by Exactech U.S., Inc.. (Legg, Erik) (Main Document 3 replaced with flattened document on 6/21/2024) (dk). [Transferred from West Virginia Northern on 7/11/2024.]
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2 2 Corporate Disclosure Statement by Exactech, Inc.. (Legg, Erik) (Main Document 2 replaced with flattened document on 6/21/2024) (dk). [Transferred from West Virginia Northern on 7/11/2024.]
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1 1 NOTICE OF REMOVAL with State Court Papers from Circuit Court of Pleasants County, (case number CC 37-2024 C-10), filed by Exactech, Inc., Exactech U.S., Inc. Filing Fee Paid $405. Receipt #AWVNDC-3963468. (dk) [Transferred from West Virginia Northern on 7/11/2024.]
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Att: 1 Exhibit A - State Court Documents,
Att: 2 Exhibit B - Notice of Filing Notice of Removal,
Att: 3 Civil Cover Sheet