IN RE: Exactech Polyethylene Orthopedic Products Liability Litigation, MDL No. 3044, Docket No. 1:22-MD-03044-NGG-MMH

Court Information

Important Short Form Complaint Reminders

  • Prior to filing a Short Form Complaint (SFC), please review the Order Governing the Adoption of Personal Injury Complaint and Short Form Complaint (DE 196), as well as the Text Order that was entered by the Court on Friday, June 9, 2023, both entered in the master docket. Please use the SFC fillable template available here.

    SFCs for individual Plaintiffs are only to be filed in their respective individual docket and NOT on the master docket. If this is the initial pleading and no individual docket is opened yet for the matter, counsel must initiate the individual case opening process found under “Open a Case” under the “Civil” tab in the EDNY ECF portal. Please refer to the Amended Policies and Procedure Order No. 2 for instructions on which counsel may obtain filing credentials. To upload the finalized SFC to ECF, select File -> Print -> Microsoft Print to PDF to flatten the fillable PDF version.

    Once the Short Form Complaint is filed into an individual docket, the SFC must also be submitted to the online MDL Centrality system within 14 days from the date of filing. Please upload the finalized fillable PDF version.

    Failure to comply with these orders may result in the Court striking improperly filed SFCs from the MDL docket.

    Should counsel have any additional questions, please do not hesitate to contact Plaintiff MDL Liaison Counsel at: ExactechMDLLiaison@RobinsKaplan.com.

Status Conference and Court Hearings Calendar

March 23, 2023 at 2:30 PM EST -

January 25, 2023 at 2:30 PM -

Plaintiff Leadership

Kirk Pope
Pope McGlamry, P.C.
3391 Peachtree Road, NE
Suite 300
Atlanta, GA 30326
Phone: (404) 523-7706
Email: efile@pmkm.com
Ellen Relkin
Weitz & Luxenberg, P.C.
700 Broadway
New York, NY 10003
Phone: (212) 558-5715
Email: erelkin@weitzlux.com

Pro Hac Vice Instructions

  • Affidavit in Support of PHV Motion to Admit Counsel
  • Notice of Appearance
  • Notice of Motion to Admit Counsel
  • Pursuant to the Practice and Procedure Orders No. 1 and 2, counsel who appeared in the transferor district court prior to the transfer, and are not admitted to EDNY already, do not need to file motions for admission pro hac vice as long as they are a member of good standing of the Bar of any district court of the Unites States and may directly file a complaint into the MDL pursuant to the Direct Filing Order.

  • Counsel who has not appeared in a transferor district court prior to the formation of MDL No. 3044 and who are not otherwise admitted in EDNY, must file a motion to be admitted pro hac vice in accordance with Local Civil Rule 1.3(c).

    • Counsel shall send their application to Plaintiffs’ Liaison Counsel, Rayna Kessler, at ExactechMDLLiaison@RobinsKaplan.com, who will file the application on the master docket, No. 1:22-md-03044, and the filing shall relate to the master docket number to obtain the ability to directly file complaints throughout the pendency of MDL No. 3044.

    • Once the motion for admission pro hac vice is granted, counsel will be required to file a notice of appearance on the master docket and on any related individual case filed subsequent to the Court’s granting of the pro hac vice motion.

    • No party is required to obtain local counsel.

Plaintiff Liaison Counsel Contact Info

  • For questions from Plaintiffs’ counsel related to Exactech MDL policies and procedures, or assistance with pro hac vice applications, please contact Plaintiffs’ Liaison Counsel:

    Rayna E. Kessler, Esq.
    Robins Kaplan LLP
    1325 Avenue of Americas
    Suite 2601
    New York, NY 10019
    Phone: (212) 980-7431
    Email: ExactechMDLLiaison@RobinsKaplan.com

Important Court Orders and Party Submissions

Search by Order Name/Description
 
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 Order Name Order Description Order Date 
Amended Fact Sheet Implementation Order
Due dates for PFS, Supplemental PFS and DFS; instructions to use MDL Centrality to complete and serve such documents.(less)
Due dates for PFS, Supplemental PFS and DFS; instructions to... (more)
03/23/2023
Amended CMO 2 – Service of PFS and Preliminary Disclosure Form
Service of PFS and Preliminary Disclosure Form
Service of PFS and Preliminary Disclosure Form
03/23/2023
Amended CMO No. 3 - Pathology & Medical Device Preservation Protocol
Amended CMO No. 3 - Pathology & Medical Device Preservation Protocol - Exactech MDL (1-22-md-03044)(less)
Amended CMO No. 3 - Pathology & Medical Device Preservation ... (more)
11/06/2023
Amended Personal Injury Complaint
Approving Amended Master Personal Injury Complaint
Approving Amended Master Personal Injury Complaint
03/22/2023
Bellwether Trial CMO No. 2
Order selecting plaintiffs for the bellwether trials
Order selecting plaintiffs for the bellwether trials
04/19/2024
Case Management Order for Personal Injury Bellwether Plaintiffs
Order governing bellwether trial selection process and schedule for bellwether trials between the Personal Injury Plaintiffs and Exactech Defendants(less)
Order governing bellwether trial selection process and sche... (more)
01/26/2024
CMO 1 – Due Dates for Master and Short Form Pleadings
Due dates for Master and Short Form Complaints; Master and Short Form Answers; Preservation of Explants protocol; Master Document Production; Written Discovery; and Science Day.(less)
Due dates for Master and Short Form Complaints; Master and S... (more)
01/26/2023
CMO 2 – Due Date for Plaintiff Preliminary Disclosure Form
Due date for Preliminary Disclosure Form
Due date for Preliminary Disclosure Form
01/26/2023
CMO 3 – Pathology & Medical Device Preservation Protocol
Pathology & Medical Device Preservation Protocol
Pathology & Medical Device Preservation Protocol
05/19/2023
CMO 4 – Modifying Leadership Counsel
Modifying Leadership Counsel
Modifying Leadership Counsel
 
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