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
 
 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
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
 
Discovery Case Management Order
Order Governing Master Discovery Between Personal Injury Plaintiff and Exactech Defendants(less)
Order Governing Master Discovery Between Personal Injury Pla... (more)
05/31/2023
ESI Order
Stipulated Protocol Governing the Production of Electronically Stored Information(less)
Stipulated Protocol Governing the Production of Electronical... (more)
01/26/2023
Exactech’s Master Long Form Answer
Exactech’s Master Long Form Answer
Exactech’s Master Long Form Answer
04/21/2023
First Amended Discovery Case Management Order
First Amended Discovery Case Management Order
First Amended Discovery Case Management Order
08/22/2023
Joint Status Report regarding Protocol for Plaintiff’s ESI
Joint Status Report regarding Protocol for Plaintiff’s ESI
Joint Status Report regarding Protocol for Plaintiff’s ESI
02/24/2023
JPML Transfer Order
Centralization of actions in the Eastern District of New York(less)
Centralization of actions in the Eastern District of New Yor... (more)
10/07/2022
Master Personal Injury Complaint
Approving Master Personal Injury Complaint
Approving Master Personal Injury Complaint
01/26/2023
Minute Entry – March 23, 2023 Status Conference
March 2023 Status Conference
March 2023 Status Conference
03/23/2023
Minute Entry Order - January 2023 Status Conference
January 2023 Status Conference
January 2023 Status Conference
01/25/2023
Minute Entry regarding 6/1/23 Status Conference
Minute Entry regarding 6/1/23 Status Conference
Minute Entry regarding 6/1/23 Status Conference
06/05/2023
Minute Entry & Order re Next Status Conference 12.20.23
Minute Entry & Order re Next Status Conference 12.20.23 - Exactech MDL (1-22-md-03044)(less)
Minute Entry & Order re Next Status Conference 12.20.23 - Ex... (more)
10/12/2023
Order Governing Adoption of the Amended Master Personal Injury Complaint and Short Form Complaint
Governing Adoption of the Amended Master Complaint & SFC
Governing Adoption of the Amended Master Complaint & SFC
04/14/2023
Order Granting Plaintiff’s Motion to Compel
Order Granting Plaintiff’s Motion to Compel
Order Granting Plaintiff’s Motion to Compel
08/22/2023
Order on Motion for Extension of Time to File
Extending stay as to TPP Plaintiffs
Extending stay as to TPP Plaintiffs
05/30/2023
Order on Motion to Stay
Granting motion to stay discovery as to the TPG Defendants
Granting motion to stay discovery as to the TPG Defendants
05/30/2023
Order re Custodian production
Order re Custodian production - Exactech MDL (1-22-md-03044)
Order re Custodian production - Exactech MDL (1-22-md-03044)
10/12/2023
Parties' Stipulation Regarding Broadspire Documents
Parties' Stipulation Regarding Broadspire Documents
Parties' Stipulation Regarding Broadspire Documents
03/23/2023
Practice & Procedure Order No. 1 – General Procedures for the Exactech MDL
General Procedures for the Exactech MDL
General Procedures for the Exactech MDL
10/25/2022
Practice & Procedure Order No. 2 (Amended) – Direct Filing Order
Direct Filing Order
Direct Filing Order
01/11/2023
Practice & Procedure Order No. 3 – Electronic Service on Exactech
Electronic Service on Exactech
Electronic Service on Exactech
01/26/2023
Practice & Procedure Order No. 4
Direct Filing re TPG
Direct Filing re TPG
04/14/2023
Practice & Procedure Order No. 5
Electronic Service
Electronic Service
04/14/2023
Protective Order
Preserve, protect and maintain the confidentiality and protected status of certain confidential, commercial, and/or proprietary documents and information produced or to be produced in the litigation.(less)
Preserve, protect and maintain the confidentiality and prote... (more)
01/26/2023
PTO 1 – Science Day Protocol
Science Day to be held on May 10,2023 in Gainesville FL
Science Day to be held on May 10,2023 in Gainesville FL
04/14/2023
Scheduling Order – June 1, 2023 Status Conference
June 2023 Status Conference
June 2023 Status Conference
03/23/2023
Second Amended Fact Sheet Implementation Order
Second Amended Fact Sheet Implementation Order
Second Amended Fact Sheet Implementation Order
04/14/2023
Stipulation & Order re Fact Sheets
Stipulation & Order re Fact Sheets - Exactech MDL (1-22-md-03044)(less)
Stipulation & Order re Fact Sheets - Exactech MDL (1-22-md-0... (more)
11/06/2023
8/22/23 Status Conference Minute Entry and Order
8/22/23 Status Conference Minute Entry and Order
8/22/23 Status Conference Minute Entry and Order
08/22/2023
Text Order Reminding Counsel NOT to file Complaints on the Master Docket 06/09/2023