United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:11-cv CMR

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1 US District Court Civil Docket as of 6/17/2011 Retrieved from the court on June 17, 2011 United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:11-cv CMR CLAYTON v. ORTHOVITA, INC. et al Date Filed: 06/01/2011 Assigned to: HONORABLE CYNTHIA M. RUFE Jury Demand: None related Case: 2:11-cv CMR Nature of Suit: 160 Stockholders Suits Cause: 15:78m(a) Securities Exchange Act Jurisdiction: Federal Question Plaintiff ROBERT CLAYTON represented by SANDRA G SMITH ON BEHALF OF HIMSELF AND ALL FARUQI & FARUQI, L.L.P. OTHER SIMILARLY SITUATED 2600 PHILMONT AVENUE SUITE 324 HUNTINGDON VALLEY, PA ssmith@faruqilaw.com LEAD ATTORNEY V. ORTHOVITA, INC. represented by CHARLES M. HART DUANE MORRIS LLP 1940 ROUTE 70 EAST SUITE 200 CHERRY HILL, NJ chart@duanemorris.com DANA B. KLINGES DUANE MORRIS LLP 30 SOUTH 17TH STREET PHILADELPHIA, PA dklinges@duanemorris.com R. SCOTT BARRY represented by CHARLES M. HART

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3 ANTONY KOBLISH represented by CHARLES M. HART DANA B. KLINGES STRYKER CORPORATION represented by EDWARD B. MICHELETTI SKADDEN ARPS SLATE MEAGHER & FLOM LLP ONE RODNEY SQUARE POBOX 636 WILMINGTON, DC EDWARD P. WELCH SKADDEN ARPS SLATE MEAGHER & FLOM LLP ONE RODNEY SQUARE POBOX 636 WILMINGTON, DC MATTHEW KIPP SKADDEN ARPS SLATE MEAGHER & FLOM LLP 155 N. WACKER DR STE 2700 CHICAGO, IL PAUL COSTA FINE, KAPLAN & BLACK, RPC 1835 MARKET ST. SUITE 2800 PHILADELPHIA, PA OWL ACQUISITION represented by EDWARD B. MICHELETTI CORPORATION

4 EDWARD P. WELCH MATTHEW KIPP PAUL COSTA Date Filed # Docket Text 06/01/ COMPLAINT against R. SCOTT BARRY, MORRIS CHESTON, JR, ANTONY KOBLISH, ORTHOVITA, INC., OWL ACQUISITION CORPORATION, MARY E. PAETZOLD, STRYKER CORPORATION, PAUL G. THOMAS, WILLIAM E. TIDMORE, JR, PAUL T. TOUHEY ( Filing fee $ 350 receipt number ), filed by ROBERT CLAYTON. (Attachments: # 1 Case Management Track Form, # 2 Civil Cover Sheet, # 3 Designation Form)(jwl, ) (Entered: 06/02/2011) 06/01/2011 Summons Issued as to R. SCOTT BARRY, MORRIS CHESTON, JR, ANTONY KOBLISH, ORTHOVITA, INC., OWL ACQUISITION CORPORATION, MARY E. PAETZOLD, STRYKER CORPORATION, PAUL G. THOMAS, WILLIAM E. TIDMORE, JR, PAUL T. TOUHEY. Ten Forwarded To: Counsel on 6/2/11 (jwl, ) (Entered: 06/02/2011) 06/01/ EMERGENCY MOTION FOR EXPEDITED DISCOVERY AND PROCEEDINGS filed by ROBERT CLAYTON.. (jwl, ) (Entered: 06/02/2011) 06/06/ ORDER THAT PRIOR TO THIS COURT'S CONSIDERATION OF OR HEARING ON SUCH MOTION, PLAINTIFF SHALL SERVE FORTHWITH DEFENDANTS WITH A COPY OF THE COMPLAINT, SUMMONS AND EMERGENCY MOTION AND FILE WITH THIS COURT PROOF OF SERVICE THEREOF. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 6/6/11. 6/7/11 ENTERED AND COPIES MAILED TO UNREPS, ED.(er, ) (Entered: 06/07/2011) 06/08/ MOTION to Dismiss Verified Class Action Complaint filed by R. SCOTT BARRY, MORRIS CHESTON, JR, ANTONY KOBLISH, ORTHOVITA, INC., MARY E. PAETZOLD, PAUL G. THOMAS, WILLIAM E. TIDMORE, JR, PAUL T. TOUHEY.. (Attachments: # 1 Exhibit Memorandum of Law, # 2 Text of Proposed Order, # 3 Exhibit Certificate of Service, # 4 Exhibit A, # 5 Exhibit B (1 of 4), # 6 Exhibit B (2 of 4), # 7 Exhibit B (3 of 4), # 8 Exhibit B (4 of 4), # 9 Exhibit C (1 of 3), # 10 Exhibit C (2 of 3), # 11 Exhibit C (3 of 3), # 12 Exhibit D (1 of 4), # 13 Exhibit D (2 of 4), # 14 Exhibit D (3 of 4), # 15 Exhibit D (4 of 4))(HART, CHARLES) (Entered: 06/08/2011) 06/09/ Disclosure Statement Form pursuant to FRCP 7.1 including Stryker Corporation with

5 Certificate of Service by OWL ACQUISITION CORPORATION, STRYKER CORPORATION. (Attachments: # 1 Certificate of Service)(COSTA, PAUL) (Entered: 06/09/2011) 06/09/ MOTION to Dismiss filed by OWL ACQUISITION CORPORATION, STRYKER CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum in Support of Motion to Dismiss, # 2 Exhibit A, # 3 Proposed Order, # 4 Certificate of Service)(COSTA, PAUL) (Entered: 06/09/2011) 06/09/ RESPONSE in Opposition re 2 MOTION to Expedite filed by OWL ACQUISITION CORPORATION, STRYKER CORPORATION. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(COSTA, PAUL) (Entered: 06/09/2011) 06/09/ Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by ORTHOVITA, INC..(HART, CHARLES) (Entered: 06/09/2011) 06/09/ APPLICATION by OWL ACQUISITION CORPORATION, STRYKER CORPORATION FOR MATTHEW KIPP TO APPEAR, STATEMENT, CERTIFICATE OF SERIVCE. ( FEE PAID) (jl, ) (Entered: 06/10/2011) 06/09/ ORDER THAT A HEARING ON THE PENDING MOTIONS FOR EXPEDITED DISCOVERY IN THE ABOVE CAPTIONED MATTERS WILL TAKE PLACE ON 6/14/11 AT 10:00 A.M.; ETC.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 6/9/11. 6/10/11 ENTERED AND ED AND FAXED.(jl, ) (Entered: 06/10/2011) 06/13/ Memorandum of Law in Opposition re 2 MOTION to Expedite filed by R. SCOTT BARRY, MORRIS CHESTON, JR, ANTONY KOBLISH, ORTHOVITA, INC., MARY E. PAETZOLD, PAUL G. THOMAS, WILLIAM E. TIDMORE, JR, PAUL T. TOUHEY, Certificate of Service. (Attachments: # 1 Text of Proposed Order)(HART, CHARLES) Modified on 6/14/2011 (nd, ). (Entered: 06/13/2011) 06/13/ APPLICATION by OWL ACQUISITION CORPORATION, STRYKER CORPORATION FOR EDWARD MICHELETTI TO APPEAR, STATEMENT, CERTIFICATE OF SERVICE. (FEE PAID) (jl, ) (Entered: 06/13/2011) 06/13/ Application of EDWARD M. WELCH, ESQUIRE to Practice in this Court Pursuant to Local Rule of Civil Procedure (b) on behalf of OWL ACQUISITION CORPORATION and STRYKER CORPORATION, Certificate of Service. ($40.00 filing fee paid) (mbh, ) (Entered: 06/14/2011) 06/14/ SUMMONS Returned Executed by ROBERT CLAYTON re: Brandon Segal served Summons and Complaint upon R. SCOTT BARRY, MORRIS CHESTON, JR, ANTONY KOBLISH, ORTHOVITA, INC., MARY E. PAETZOLD, PAUL G. THOMAS, WILLIAM E. TIDMORE, JR, PAUL T. TOUHEY. R. SCOTT BARRY served on 6/10/2011, answer due 7/1/2011; MORRIS CHESTON, JR served on 6/10/2011, answer due 7/1/2011; ANTONY KOBLISH served on 6/10/2011, answer due 7/1/2011; ORTHOVITA, INC. served on 6/10/2011, answer due 7/1/2011; MARY E. PAETZOLD served on 6/10/2011, answer due 7/1/2011; PAUL G. THOMAS served on 6/10/2011, answer due 7/1/2011; WILLIAM E. TIDMORE, JR served on 6/10/2011, answer due 7/1/2011; PAUL T. TOUHEY served on 6/10/2011, answer due 7/1/2011.

6 T(SMITH, SANDRA) (Entered: 06/14/2011) 06/14/ SUMMONS Returned Executed by ROBERT CLAYTON re: Brandon Segal served Summons and Complaint upon OWL ACQUISITION CORPORATION. OWL ACQUISITION CORPORATION served on 6/13/2011, answer due 7/5/2011. (SMITH, SANDRA) (Entered: 06/14/2011) 06/14/ ORDER THAT THE HEARING REGARDING PLAINTIFFS' EMERGENCY MOTIONS FOR EXPEDITED DISCOVERY AND INJUNCTIVE RELIEF, PERVIOUSLY SCHEDULED TO TAKE PLACE ON 6/14/2011 AT 10:00 AM IS CANCELLED; PLAINTIFF ROBERT CLAYTON'S EMERGENCY MOTION FOR EXPEDITED DISCOVERY (DOC. NO.2 IN ) AND PLAINTIFF ADOLPHINA VAN BAREL'S EMERGENCY MOTION SEEKING TRO, EXPEDITED DISCOVERY AND PROMPT POST EXPEDOTED DISCOVERY HEARING DATE (DOC. NO.3 IN ) ARE DISMISSED AS WITHDRAWN; THE MOTION TO DISMISS THE COMPLAINT (DOC. NOS. 6 & 8 IN ; DOC. NOS 4 & 6 IN ) ARE STAYED PENDING FURTHER ACTION FROM THIS COURT, ETC. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 6/14/ /14/2011 ENTERED AND COPIES MAILED, ED AND FAXED BY CHAMBERS. (kk, ) (Additional attachment(s) added on 6/14/2011: # 1 LETTER) (kk, ). (Entered: 06/14/2011) 06/14/ ORDER THAT APPLICATION OF EDWARD P. WELSH, ESQ., TO PRACTICE IN THIS COURT PURSUANT TO L.R.C.P (b) IS GRANTED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 6/14/11. 6/15/11 ENTERED AND COPIES MAILED AND ED.(kw, ) (Entered: 06/15/2011) 06/14/ ORDER THAT APPLICATION OF EDWARD B. MICHELETTI, ESQ., TO PRACTICE IN THIS COURT PURSUANT TO L.R.C.P (b) IS GRANTED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 6/14/11. 6/15/11 ENTERED AND COPIES MAILED AND ED.(kw, ) (Entered: 06/15/2011) 06/14/ ORDER THAT APPLICATION OF MATTHEW KIPP, ESQ., TO PRACTICE IN THIS COURT PURSUANT TO L.R.C.P (b) IS GRANTED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 6/14/11. 6/15/11 ENTERED AND COPIES MAILED AND ED.(kw, ) (Entered: 06/15/2011) 06/16/ NOTICE of Appearance by DANA B. KLINGES on behalf of R. SCOTT BARRY, MORRIS CHESTON, JR, ANTONY KOBLISH, ORTHOVITA, INC., MARY E. PAETZOLD, PAUL G. THOMAS, WILLIAM E. TIDMORE, JR, PAUL T. TOUHEY with Certificate of Service(KLINGES, DANA) (Entered: 06/16/2011) Note: Links in this docket are stored in the PACER system ( Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER, you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at