Lee v. FRESENIUS MEDICAL CARE HOLDINGS, INC.
| Massachusetts District Court | |
| Judge: | Douglas P Woodlock |
| Case #: | 1:14-cv-11837 |
| Nature of Suit | 367 Torts - Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability |
| Cause | 28:1332 Diversity-Wrongful Death |
| Case Filed: | Apr 14, 2014 |
| Terminated: | Apr 25, 2019 |
| Last checked: Saturday Dec 13, 2014 12:51 AM EST |
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Defendant
FRESENIUS MEDICAL CARE AG & CO. KGaA.
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Represented By
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Defendant
FRESENIUS MEDICAL CARE HOLDINGS, INC.
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Represented By
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Defendant
FRESENIUS SE & CO. KGaA,
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Represented By
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Defendant
Fresenius Management, SE
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Represented By
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Defendant
Fresenius Medical Care Management, AG
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Represented By
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Defendant
Fresenius USA Manufacturing, Inc.
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Represented By
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Defendant
Fresenius USA Marketing, Inc.
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Represented By
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Defendant
Fresenius USA Sales, Inc.
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Defendant
Fresenius USA, Inc.
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Represented By
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Plaintiff
Ollie M. Lee
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Represented By
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GPO
Dec 04 2015
Judge Douglas P. Woodlock: MEMORANDUM AND ORDER entered. (Attachments: # (1) Exhibit A, # (2) Exhibit B) Associated Cases: 1:13-md-02428-DPW et al. (Colman, Claire) |
| Docket last updated: 10/30/2024 11:59 PM EDT |
| Thursday, April 25, 2019 | ||
| 45 | 45
notice
Notice re: MDL Case Closed
Thu 04/25 11:18 AM
NOTICE OF MDL CASE CLOSED, Direct file in the District of Massachusetts. In Re: Fresenius/Granuflo Naturalyte Dialysate Products Liability Litigation, MDL 2428. (DaSilva, Carolina) |
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| Wednesday, April 24, 2019 | ||
| 44 | 44
misc
Stipulation of Dismissal
Wed 04/24 11:27 AM
STIPULATION of Dismissal by FRESENIUS MEDICAL CARE HOLDINGS, INC., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc., Fresenius USA, Inc.. (Durant, Maria) |
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| Tuesday, April 25, 2017 | ||
| 43 | 43
notice
Notice of Withdrawal of Appearance
Tue 04/25 5:18 PM
NOTICE of Withdrawal of Appearance by Allan L. Elkins, Jr (Elkins, Allan) |
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| Monday, April 24, 2017 | ||
| 42 | 42
notice
Notice of Appearance
Mon 04/24 2:44 PM
NOTICE of Appearance by Jennifer I. Johnson on behalf of Ollie M. Lee (Johnson, Jennifer) |
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| Thursday, March 09, 2017 | ||
| 41 | 41
order
Memorandum & Order
Thu 03/09 5:51 PM
Judge Douglas P. Woodlock: MEMORANDUM REGARDING CASE MANAGEMENT ORDER NO. 17 (LONE PINE ORDER. Issued in all Associated Cases.(Beatty, Barbara) |
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| Thursday, January 26, 2017 | ||
| 40 | 40
order
Order
Thu 01/26 12:26 PM
Judge Douglas P. Woodlock: CASE MANAGEMENT ORDER NO. 17 (LONE PINE ORDER). Issued in All Associated Cases. (Beatty, Barbara) |
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| Saturday, October 22, 2016 | ||
| 39 | 39
order
Order on Motion for Miscellaneous Relief
Sat 10/22 5:16 PM
Judge Douglas P. Woodlock: ORDER entered in case 1:12-cv-12022-DPW; granting (1780) Motion to establish Qualified Settlement Fund in case 1:13-md-02428-DPW Associated Cases: 1:13-md-02428-DPW et al.(Woodlock, Douglas) |
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| Friday, December 04, 2015 | ||
| 38 | 38
3
pgs
order
Memorandum & Order
Fri 12/04 11:50 AM
Judge Douglas P. Woodlock: MEMORANDUM AND ORDER entered. Associated Cases: 1:13-md-02428-DPW et al. (Colman, Claire) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| Thursday, October 22, 2015 | ||
| 37 | 37
notice
Notice - Other
Thu 10/22 4:39 PM
ELECTRONIC NOTICE of Hearing. Status Conference set for 11/20/2015 at 2:30 PM in Courtroom 1 before Judge Douglas P. Woodlock. Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett) |
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| Wednesday, October 07, 2015 | ||
| 36 | 36
minutes
Status Conference Motion Hearing
Thu 10/08 11:44 AM
ELECTRONIC Clerk's Notes for proceedings held before Judge Douglas P. Woodlock: Status/Scheduling Conference and Motion Hearing held on 10/7/2015; (#77 in 1:13-cv-10597-DPW) MOTION to Dismiss filed by Anthony Darby, and (#76 in 1:13-cv-10649-DPW) MOTION to Dismiss filed by Julia Booker - GRANTED WITH PREJUDICE; Hearing re 1243 Defendants' Motion to Compel Deposition Testimony and Responses to Subpoena by Dr. Paul Miller set for 10/16/15 at 9:00 AM (courtroom to be determined); Defendants' Motion to Stike Affidavit of Dr. Goldstein re 1486 Opposition to Defendants' Motion to Exclude Certain Statements in the "Hakim Memo" as well as plaintiffs' Experts' Opinions Based on Those Statements due by 10/8/15; oppositions due 10/12/15; hearing on Motion to Strike set for 10/14/15 at 9:00 AM in Courtroom 1 before Judge Douglas P. Woodlock. (Court Reporter: Brenda Hancock at brhancock@msn.com.)(Attorneys present: Gotz and Tarricone for the pltffs; Melsheimer, Brooks, Castle, Denning, Hodge, Kettewell and Cummings for the defts) Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett) |
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| Thursday, September 24, 2015 | ||
| 35 | 35
minutes
Hearing - Other 1 - Terminate Hearings
Fri 09/25 2:29 PM
ELECTRONIC Clerk's Notes for proceedings held before Judge Douglas P. Woodlock and Judge Maynard M. Kirpalani (Middlesex County Superior Court): Joint Hearing held re Daubert-Lanigan hearing procedures on 9/24/2015; report submitted; deposition of Dr. Smith taken; supplemental reports expected; schedule revised; Daubert Hearings to begin on 10/14/15 at 9:00 AM through 10/15/15 at 9:00 AM (full days) in Courtroom 1 before Judges Douglas P. Woodlock and Maynard M. Kirpalani. (Court Reporter: Brenda Hancock at brhancock@msn.com.)(Attorneys present: Tarricone, Gotz, Rotman, Jenner, Appel, Castle, Brooks, Kettlewell, Durant, and Melsheimer) Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett) |
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| Friday, August 28, 2015 | ||
| 34 | 34
minutes
Status Conference
Mon 08/31 11:11 AM
ELECTRONIC Clerk's Notes for proceedings held before Judge Douglas P. Woodlock: Status/Scheduling Conference held on 8/28/2015; pltff reported data not analyzed; Court Orders Dr. William Smith's report due by 9/9/15 by 9:00 a.m.; pltff's completion of depositions by 9/23/15; pltff's supplementations by 10/7/15; defts to respond by 10/9/15; Daubert Hearings set to begin the week of 10/13/15 at 9:00 AM in Courtroom 1; cases with Home Forum selection issues addressed; such cases out of California are subject to an agreement made between the parties; defts propose a global audit and full census as possible solutions; cases with motions to dismiss based on duplication of pleadings addressed; (#79 in case 13-cv-10836, Dickson v. FMCNA, et al.) Motion to Amend Complaint - GRANTED; (#77 in case 13-cv-10597, Darby v. FMCNA, et al.) and (#76 in case 13-cv-10649, Booker v. FMCNA, et al.) Motion to Dismiss Without Prejudice set for hearing on 10/7/15 at 2:30 PM in Courtroom 1 before Judge Douglas P. Woodlock; hearing to be set before October, 2015 re (#1243 in case 13-md-2428, In Re Fresenius/Granuflo) Motion to Compel Deposition Testimony and Responses to Subpoena by Dr. Paul Miller. (Court Reporter: Brenda Hancock at brhancock@msn.com.)(Attorneys present: Tarricone for the pltffs; Kettlewell, Castle (in-house-counsel), Brooks, Newsom, and Hodge) Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett) |
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| Friday, August 14, 2015 | ||
| 33 | 33
notice
Notice - Other
Fri 08/14 5:12 PM
ELECTRONIC NOTICE of Hearings. Status Conference (experts) set for 8/28/2015 02:30 PM in Courtroom 1 before Judge Douglas P. Woodlock. Status Conference (Bellwether) set for 10/7/2015 02:30 PM in Courtroom 1 before Judge Douglas P. Woodlock. Daubert Hearings tentatively set for week of 10/13/2015 09:00 AM in Courtroom 1 before Judge Douglas P. Woodlock. (Lovett, Jarrett) |
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| Friday, August 07, 2015 | ||
| 32 | 32
minutes
Status Conference Motion Hearing
Mon 08/10 12:14 PM
ELECTRONIC Clerk's Notes for proceedings held before Judge Douglas P. Woodlock: Status Conference/Motion Hearing held on 8/7/2015; (#1212 in case 13-2428 DPW, In re Fresenius) Motion for Joint Daubert/Lanigan Hearing in this MDL and Related Massachusetts State Court Litigation - GRANTED to the extent of filing submissions; Generic Daubert Motions due 9/14/15; oppositions due 10/5/15; status report due 10/27/15; Status Conference (generic daubert) set for 10/28/15 at 2:30 PM in Courtroom 1 before Judge Douglas P. Woodlock; Court Ordered Bellwether trial related briefs due by 9/11/15; disputes/response due by 9/25/2015; a hearing re Bellwether set for 10/7/15 at 2:30 PM in Courtroom 1 before Judge Douglas P. Woodlock; Report on Attorneys General actions pending in Louisiana and Mississippi addressed; Court disclosed ruling to be rendered in case 14-14412 DPW, Cook et al, v. Fresenius, et al.; report re out-of-state cases (physicians/hospital) due by 8/14/15; defts' Ordered to respond to pltffs' discovery request made this date (8/7/15) within 2 weeks; (#42 in case 13-10109 DPW, Sims v. FMCNA, et al.) and (#45 in case 14-11302 DPW, Hall v. FMCNA, et al.) Motions to Quash or for a Protective Order - GRANTED re Protective Order requiring Davita to identify responsive factual witnesses to the topic (non 30(b)(6) witnesses); duplicate filing re case nos. 13-10930 DPW and 15-12282 DPW, Bumpers v. FMCNA, et al. to be resolved by counsel. (Court Reporter: Brenda Hancock at brhancock@msn.com.)(Attorneys present: Tarricone, Gotz, Tatting, and Pieksen, Jr. for the pltffs; Hopkins for the movant (Davita); Kettlewell, Hodge, Newsom, Hodge, Castle (in-house counsel), Starkey, Cummings, Brook, and Denning for the defts) Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett) |
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| Wednesday, July 08, 2015 | ||
| 31 | 31
notice
Notice Cancelling Hearing
Wed 07/08 11:04 AM
ELECTRONIC NOTICE Canceling Hearing: The Status/Conference of 7/24/15 before Judge Douglas P. Woodlock is canceled. The next conference is scheduled for 8/7/15 at 2:30 PM in Courtroom 1 before Judge Douglas P. Woodlock. Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett) |
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| Monday, January 12, 2015 | ||
| 25 | 25
order
Order
Tue 01/13 4:35 PM
Judge Douglas P. Woodlock: ORDER entered. CASE MANAGEMENT ORDER (CMO) NO. 14 ESTABLISHING THE GRANUFLO MDL 2428 COMMON BENEFIT ACCOUNT TO COMPENSATE AND REIMBURSE ATTORNEYS FOR SERVICES PERFORMED AND EXPENSES INCURRED FOR CASE ADMINISTRATION AND THE COMMON BENEFIT. Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett) |
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| Friday, January 09, 2015 | ||
| 24 | 24
minutes
Status Conference Motion Hearing
Mon 01/12 12:57 PM
ELECTRONIC Clerk's Notes for proceedings held before Judge Douglas P. Woodlock: Status/Scheduling Conference and Motion Hearing held on 1/9/2015; opposition re (#30 in 14-cv-10836, Church v. Fresenius) and (#31 in 14-cv10848, Moses v. Fersenius) Motion to Dismiss by 1/21/15; said motions to be heard on 2/5/15; opposition re (#44 in 14-14409 Louisiana v. FMCNA) and (#840 in 13-md-2428, In Re Fresenius) Renewed Motion to Remand due by 1/16/15; Court inclined to Remand based on Mississippi ruling of 1/2/15; (#824 in 13-md-2428, In Re Fresenius) Motion to Compel Responses to Bellwether Discovery set for heaing on 2/5/15; FMCNA's revised summary census of pending cases due by next conference; further briefing to be filed re (#808 in 13-md-2428) Motion to Establish Fund; a class action case reported to exist in connection with this MDL; next Conference/Motion Hearing set for 2/5/15 at 2:30 PM in Courtroom 1 before Judge Douglas P. Woodlock. (Court Reporter: Brenda Hancock at 617-439-3214.)(Attorneys present: Barnes, Bennett, Castle, Cummings, Durant, Kettlewell, Newsom, Shaul, Starkey, Tarricone, Weinkowitz, Whitehead, III) Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett) |
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| Monday, December 22, 2014 | ||
| 23 | 23
minutes
Status Conference ~Util - Set Motion and R&R Deadlines/Hearings Motion Hearing Order on Motion to Dismiss Order on Motion for Leave to File Document Order on Motion to Compel Order on Motion for Miscellaneous Relief
Wed 12/24 12:14 PM
ELECTRONIC Clerk's Notes for proceedings held before Judge Douglas P. Woodlock: Status/Scheduling Conference and Motion Hearing held on 12/22/2014; (#33 in case 14-cv-11965-DPW, Coby v. Fresenius, et al.), (#792 in case 13-md-2428-DPW, In Re: Fresenius) addressed, parties informed of Courts potential ruling; said motion TAKEN UNDER ADVISEMENT; (#18 in case 14-cv-12545-DPW, Brown v. Fresenius) addressed and TAKEN UNDER ADVISEMENT; Courts ruling on said motion to be made contemporaneously with ruling re Mississippi Motion to Dismiss on Statute of Limitations (#721); plaintiffs supplemental memorandum in opposition to said motion addressed; (#882 in case 13-md-2428-DPW, In Re: Fresenius) Plaintiffs Motion to Enforce Third Party Subpoenas and Compel Use of Additional Search Terms and Production of Documents - GRANTED as stated on the record and subject to the three additional search terms; (#808 in case 13-md-2428-DPW, In Re: Fresenius) Plaintiffs Motion to Establish an MDL 2428 Fund addressed (PowerPoint slides, and doc. no. 488 in case no. 14-cv-01748, MDL no. 2545, Corrected CMO No. 16 submitted to the Court in connection); hearing on said motion set for 1/9/15 at 2:30 PM in Courtroom 1 before Judge Douglas P. Woodlock; (#824 in case 13-md-2428-DPW, In Re: Fresenius) Motion to Compel Responses to Bellwether Discovery discussed; status report in connection with said motion due by 1/7/15 and a hearing set for 1/9/15 at 2:30 PM in Courtroom 1 before Judge Douglas P. Woodlock; Summary and Census of Pending Cases (dkt no. 834) addressed; Excel spreadsheet to be submitted to the Court; additional census identifying pltffs alleging dual citizenship (numbers of types of cases pending in other jurisdictions by jurisdiction) to be submitted to the Court; next Status/Scheduling and Motion Hearing set for 1/9/15 in Courtroom 1 before Judge Douglas P. Woodlock. (Court Reporter: Brenda Hancock at 617-439-3214.)(Attorneys present: Barnes, Bennett, Biggerman, Carlin, Goza, Hodge, Kaplan, Kettlewell, Meltzer, Newsom, Starkey, Tarricone, and Weinkowitz) Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett) |
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| Friday, November 07, 2014 | ||
| 22 | 22
Judge Douglas P. Woodlock: ORDER entered. STIPULATED PROTECTIVE ORDER re Trade Secrets and Confidential Proprietary Information.Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett)
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| 21 | 21 ELECTRONIC Clerk's Notes for proceedings held before Judge Douglas P. Woodlock: Motion/Status/Show Cause Hearing held on 11/7/2014; further status/scheduling conferences set for 12/22/14, 1/9/15, and 4/10/15 at 2:30 PM in Courtroom 1 before Judge Douglas P. Woodlock; counsel are to consult with the Deputy Clerk for setting dates in February, March, and May of 2015; Bellwether case procedure addressed; opposition re (#792 in case no. 13-md-2428-DPW, Coby v. Fresenius ) and (#33 in case no. 14-cv-11965-DPW, Coby v. Fresenius) Motion to Dismiss or Alternatively for Summary Judgment due 11/10/14; hearing on said motion set for 12/22/14 at 2:30 PM in Courtroom 1 before Judge Douglas P. Woodlock; Court adopts Stipulated Protective Order; Show Cause Orders addressed; Court apprized of status of California cases; (#721 in case no. 13-md-2428-DPW) Motion to Dismiss Based on Mississippi Statute of Limitations addressed and TAKEN UNDER ADVISMENT. (Court Reporter: Brenda Hancock at 617-439-3214.)(Attorneys present: Barnes and Tarricone for the pltffs; Kettlewell, Bennett, Matthews, Hodge, Cummings, Castle, Newsom, Starkey, Poindexter, and Durant for the defts) Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett) | |
| Friday, October 10, 2014 | ||
| 20 | 20 ELECTRONIC Clerk's Notes for proceedings held before Judge Douglas P. Woodlock: Status/Scheduling Conference and Motion Hearing held on 10/10/2014; (#725 in 1:13-md-02428-DPW) motion to amend master complaint filed by plaintiffs' Liaison Counsel is GRANTED; Court indicates intentions on granting (#455, #474 in 1:13-md-02428-DPW) motion to dismiss by Walter L. Weisman, denying (#468 in 1:13-md-02428-DPW) motion to remand by California plaintiffs, and granting (#648 in 1:13-md-02428-DPW) renewed motion to remand by Jim Hood; a show cause Order shall issue re severance and dismissal of case nos. 14-cv-13752-DPW, 13-cv-12185-DPW, 14-cv-13175-DPW, 14-cv-13270-DPW, and 14-cv-13330-DPW; Belwether case scheduling addressed; Status Conference of 12/5/14 is canceled and reset for 12/22/14. (Court Reporter: Brenda Hancock at 617-439-3214.)(Attorneys present: Tarricone, Gotz, Castle, Hodge, Cummings, Starkey, Bennett, Kettlewell, Durant, Brooks, and Newsom) Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett) Modified text and Regenerated NEF on 10/17/2014 (Lovett, Jarrett). | |
| Friday, September 19, 2014 | ||
| 19 | 19 ELECTRONIC Clerk's Notes for proceedings held before Judge Douglas P. Woodlock: Status/Scheduling Conference and Motion Hearing held on 9/19/2014; Court RESERVES ruling pending consultation between counsel re (#21 in case no. 14-cv-11091-DPW, Enos v. Fresenius) Plaintiffs Motion to Amend Complaint; (#56 in case no. 13-cv-10858-DPW, Polk v. Fresenius) Ex Parte Motion to Withdraw as Counsel is DENIED; (#648 in case no. 13-md-2428-DPW, In Re: Fresenius, and #43 in case no. 14-12384 Hood v. Fresenious) Renewed Motions to Remand and for Costs and Fees are addressed and TAKEN UNDER ADVISEMENT, subject to further case cites to be filed by 9/23/14; St. Louis cases with similar issues as case no. 13-cv-12185-DPW, Cooks v. Fresenius re severance and jurisdiction are to identified by a filing (status report); cases from California with similar issues related to Weisman v. Fresenius have been stayed pending this Courts ruling (see dkt entry nos. 455, 468, and 474 in case no. 13-md-2428-DPW); bellwether case selection is progressing; (#737 in case no. 13-md-2428-DPW) Motion to Compel addressed and GRANTED preliminarily as stated on the record; hearing re (#725 in case no. 13-md-2428-DPW) Plaintiffs Motion to Amend Master Complaint is set for 10/10/14 at 2:30 PM in Courtroom 1 before Judge Douglas P. Woodlock coupled with a further Status/Scheduling Conference; (#721 in case no. 13-md-2428-DPW) Motion to Dismiss is set for 11/7/14 at 2:30 PM in Courtroom 1 before Judge Douglas P. Woodlock coupled with a further Status/Scheduling Conference. (Court Reporter: Brenda Hancock at 617-439-3214.)(Attorneys present: Barnes, Tarricone, Bennett, Castle, Kettlewell, Starkey, Cummings, Biglane, Saucer, Neville, Hodge, Newsom, Plymale) (Party present: Polk by telephone in case no. 13-cv-10858-DPW) Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett) | |
| Tuesday, August 26, 2014 | ||
| 18 | 18
Judge Douglas P. Woodlock: ORDER entered. OMNIBUS CASE MANAGEMENT ORDER. Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett)
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| Friday, August 08, 2014 | ||
| 17 | 17 ELECTRONIC Clerk's Notes for proceedings held before Judge Douglas P. Woodlock: Status/Scheduling Conference and Motion Hearing held on 8/8/2014; Omnibus Case Management Order (CMO) addressed and will issue by the Court; request for dismissal of case no. 14-cv-12257-DPW (Thornton v. Fresenius, et al.) addressed and GRANTED; (#674 in case 13-md-2428-DPW-In Re Fresenius) Motion to Compel Production of Information Underlying the Hakim Study and November 11 Memorandum is WITHDRAWN by counsel; (#670 in case 13-md-2428-DPW-In Re Fresenius) Motion to Compel Documents Related to the Corporate Integrity Agreement is GRANTED WITHOUT PREJUDICE to the extent the search has been allowed by counsel; Court RESERVES ruling re (#17 in case 14-cv-10836-DPW-Church v. Fresenius, et al.) Motion to File Amended Complaint, and (#17 in case 14-cv-10848-DPW-Moses v. Fresenius, et al.) Motion to File Amended Complaint; (#52 in case 13-cv-10858-DPW-Polk v. Fresenius, et al.) Motion to Withdraw as Counsel is addressed and TAKEN UNDER ADVISEMENT pending the submission of an ex parte supplemental memorandum in support due by 8/13/14; schedule re competing proposals concerning Choice of Law and Statute of Limitations process is set as follows: FMCNA's Omnibus Motion to Dismiss due by 8/15/14; pltff's response due by 9/19/14; FMCNA's reply due by 10/3/14; a hearing date is to be determined; (#648 in case 13-md-2428-DPW-In Re Fresenius) and (#43 in case 14-cv-12384-Hood v. Fresenius, et al.) Renewed Motion to Remand and for Costs is addressed; motion for reply to said motion is due by 8/11/14, a sur-reply is due 10 days after filing reply; a further hearing is set for 9/19/14 at 2:30 PM in Courtroom 1 before Judge Douglas P. Woodlock; Court further Orders the filing of a Motion to Amend the Complaint re NaturaLyte claims by 8/22/14; a response is due by 9/5/14; reply is due by 9/19/14; a hearing on said motion to amend is set for 10/3/14 at 2:30 PM in Courtroom 1 before Judge Douglas P. Woodlock; search terms (4 of 12) addressed; further Status/Scheduling Conferences are set for 9/19/14 and 10/3/14 at 2:30 PM in Courtroom 1 before Judge Douglas P. Woodlock (Court Reporter: Brenda Hancock at 617-439-3214)(Attorneys present: Cummings, Saucer, Starkey, Castle, Biglane, Brooks, Gotz, Hodge, Kettlewell, Neville, Newsom, Tarricone, and Plymale by telephone) Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett) | |
| Tuesday, July 15, 2014 | ||
| 16 | 16
Judge Douglas P. Woodlock: ORDER entered. QUALIFIED HIPPA PROTECTIVE ORDER (Third Party Medical Record Production).Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett)
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| Friday, July 11, 2014 | ||
| 15 | 15 ELECTRONIC Clerk's Notes for proceedings held before Judge Douglas P. Woodlock: Status/Scheduling Conference held on 7/11/2014; hearing re: (#43 in case 14-cv-12384-DPW) and (#648 in case 13-md-2428-DPW) Renewed Motion to Remand by Jim Hood is set for 8/8/14 at 2:30 PM in Courtroom 1 before Judge Douglas P. Woodlock; citations submitted in open court in connection with said motion; proposal re: footnote 2 arising from (#27 in case 14-cv-12120-DPW) and (#652 in case 13-md-2428-DPW) Defendant's Motion for Judgment on the Pleadings is due by 7/30/14; as to pending briefs re: HIPPA and patient PHI, the Court will not issue a Protective Order absent an agreement made between the parties; a hearing re: (#666) Motion to Compel (sealed) Production of FMCNA Adverse Event and Clinical Variance Information is set for 8/8/14 at 2:30 PM in Courtroom 1 before Judge Douglas P. Woodlock; Court reserves ruling re: (#17 filed in both case nos. 14-cv-10848-DPW and 14-cv-10836-DPW) Motions for Leave to File Amended Complaint pending a response to said motions; plaintiff's Motion(s) to Compel based on item 5c reflected in (#663 in case 13-md-2428-DPW) Joint Status Report, are due by 7/21/14, and response(s) due by 7/31/14 with a hearing set for 8/8/14 at 2:30 PM in Courtroom 1 before Judge Douglas P. Woodlock. (Court Reporter: Brenda Hancock at 617-439-3214.)(Attorneys present: Barnes, Bennett, Castles, Hay by telephone, Hodge, Kettlewell, Neville, Cummings, Starkey, Newsom, Saucer, and Tarricone) Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett) | |
| Thursday, June 19, 2014 | ||
| 14 | 14
Judge Douglas P. Woodlock: ORDER entered. CASE MANAGEMENT ORDER NO. 13 (Protective Order Regarding Inadvertently or Mistakenly Produced Protected Health Information)Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett)
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| 13 | 13
Judge Douglas P. Woodlock: ORDER entered. CASE MANAGEMENT ORDER NO. 12 (Order Governing the Format of Generic Document Production)Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett)
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| Friday, June 06, 2014 | ||
| 12 | 12
Judge Douglas P. Woodlock: ORDER entered. CASE MANAGEMENT ORDER NO. 11 (Bellwether Expert Discovery and Trial Deadlines): Expert Reports disclosed by PEC and FMCNA by 5/1/15; rebuttal experts disclosed by PEC and FMCNA by 6/1/15; depositions completed by 7/14/15; fact discovery completed by 7/14/15; initial disclosures (PEC and FMCNA) by 8/4/15; case-specific expert rebuttal reports (PEC and FMCNA) by 9/8/15; case-specific expert depositions completed by 9/29/15; daubert and dispositive motions due by 10/27/15; oppositions due by 11/17/15; daubert hearings set for the weeks of 12/7/15 and 12/14/15; first MDL Bellwether Trial set for 1/11/16; second MDL Bellwether Trial set for 2/16/16. Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett)
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| 11 | 11 ELECTRONIC Clerk's Notes for proceedings held before Judge Douglas P. Woodlock: Status/Scheduling Conference/Motion Hearing held on 6/6/2014; CMO No. 11 adopted by the Court; HIPAA issue addressed; (#584 in 1:13-md-02428-DPW) and (#17 in 1:14-cv-10861-DPW) Motions to Sever and Remand Claims Against Medical-Negligence Defendants FOUND MOOT in light of GRANTING (#24 in 1:14-cv-10861-DPW) and (#627 in 1:13-md-02428-DPW) Joint Motions to Sever and Remand Claims Against Medical-Negligence Defendants; (#14 in 1:14-cv-12120-DPW) Motion to Dismiss, addressed and TAKEN UNDER ADVISEMENT subject to a possible further hearing on 7/11/14. (Court Reporter: Brenda Hancock at 617-439-3214.)(Attorneys present: Barnes, Bennett, Brooks, Castle, Cummings, Griggs, Hay, Hodge, Kettlewell, Starkey, Tarricone) Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett) | |
| Thursday, May 29, 2014 | ||
| 10 | 10 ELECTRONIC NOTICE Resetting a Hearing (time only): Status/Scheduling Conference reset for 6/6/2014 12:30 PM in Courtroom 1 before Judge Douglas P. Woodlock. Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett) | |
| Wednesday, May 14, 2014 | ||
| 9 | 9
NOTICE of Appearance by William H. Kettlewell, Maria R. Durant, Sara E. Silva on behalf of FRESENIUS MEDICAL CARE HOLDINGS, INC., Fresenius USA Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing Inc., FRESENIUS MEDICAL CARE HOLDINGS, INC., Fresenius USA Inc., Fresenius USA Manufacturing Inc., Fresenius USA Marketing Inc., Fresenius Medical Care Holdings, Inc., Fresenius U.S.A., Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc., Fresenius USA, Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc., Fresenius USA, Inc., FRESENIUS MEDICAL CARE HOLDINGS, INC., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc., Fresenius U.S.A., Inc., Fresenius USA Marketing, Inc., FRESENIUS MEDICAL CARE HOLDINGS, INC., FRESENIUS MEDICAL CARE HOLDINGS, INC., d/b/a FRESENIUS MEDICAL CARE NORTH AMERICA, Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc., Fresenius USA, Inc., FRESENIUS MEDICAL CARE HOLDINGS, INC., Fresenius U.S.A., Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc., FRESENIUS MEDICAL CARE HOLDINGS, INC., Fresenius USA Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing Inc., FRESENIUS MEDICAL CARE HOLDINGS, INC., FRESENIUS MEDICAL CARE HOLDINGS, INC., d/b/a FRESENIUS MEDICAL CARE NORTH AMERICA, Fresenius USA, Inc., Fresenius Medical Care Holdings, Inc., Fresenius USA Manufacturing,Inc., Fresenius USA Marketing, Inc., FRESENIUS MEDICAL CARE HOLDINGS, INC., Fresenius USA Marketing, Inc., Fresenius USA, Inc., Fresenius Medical Care Holdings, Inc. d/b/a Fresenius Medical Care North America, Fresenius Medical Care Holdings, Inc., FRESENIUS MEDICAL CARE HOLDINGS, INC., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing Inc., FRESENIUS MEDICAL CARE HOLDINGS, INC., Fresenius U.S.A., Inc., FRESENIUS MEDICAL CARE HOLDINGS, INC., FRESENIUS MEDICAL CARE HOLDINGS, INC., d/b/a FRESENIUS MEDICAL CARE NORTH AMERICA, Fresenius USA Inc., Fresenius USA Manufacturing, Inc., Fresenius USA, Inc., FRESENIUS MEDICAL CARE HOLDINGS, INC., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc., Fresenius USA, Inc., FRESENIUS MEDICAL CARE HOLDINGS, INC., FRESENIUS MEDICAL CARE HOLDINGS, INC., d/b/a FRESENIUS MEDICAL CARE NORTH AMERICA, Fresenius Medical Care Holdings, Inc.,, FRESENIUS MEDICAL CARE HOLDINGS, INC., d/b/a FRESENIUS MEDICAL CARE NORTH AMERICA, Fresenius USA Marketing Inc., Fresenius Medical Care Holdings, Inc., FRESENIUS MEDICAL CARE HOLDINGS, INC., Fresenius USA Manufacturing, Inc., Fresenius USA, Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc., Fresenius Medical Care Holdings, Inc., Fresenius Medical Care Holdings, Inc. d/b/a Fresenius Medical Care North America, Fresenius USA Marketing, Inc., Fresenius USA, Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing Inc., FRESENIUS MEDICAL CARE HOLDINGS, INC., Fresenius USA Manufacturing, Inc., Fresenius Medical Care Holdings, Inc., Fresenius U.S.A., Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc., Fresenius Manufacturing, Inc., Fresenius USA, Inc., FRESENIUS MEDICAL CARE HOLDINGS, INC., Fresenius USA Manufacturing, Inc., Fresenius USA, Inc., FRESENIUS MEDICAL CARE HOLDINGS, INC., Fresenius USA Marketing, Inc., FRESENIUS MEDICAL CARE HOLDINGS, INC., d/b/a FRESENIUS MEDICAL CARE NORTH AMERICA, Fresenius Medical Care Holdings, Inc., FRESENIUS MEDICAL CARE HOLDINGS, INC., Fresenius USA Marketing Inc., Fresenius USA Manufacturing Inc., Fresenius USA Marketing, Inc., Fresenius USA Marketing Inc., Fresenius USA Inc., Fresenius Medical Care Holding, Inc. dba Fresenius Medical Care North America, FRESENIUS MEDICAL CARE HOLDINGS, INC., FRESENIUS MEDICAL CARE HOLDINGS, INC., Fresenius USA Manufacturing, Inc., Fresenius Medical Care Holdings, Inc d/b/ Fresenius Medical Care North America, FRESENIUS MEDICAL CARE HOLDINGS, INC., d/b/a FRESENIUS MEDICAL CARE NORTH AMERICA, Fresenius USA Marketing, Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc. (Entry spread to the individual cases per the case list provided to me by counsel.) Associated Cases: 1:13-md-02428-DPW et al.(Jones, Sherry)
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| Friday, May 09, 2014 | ||
| 8 | 8 ELECTRONIC Clerk's Notes for proceedings held before Judge Douglas P. Woodlock: Status/Scheduling Conference held on 5/9/2014; a hearing re (#584 in 1:13-md-02428-DPW) and (#17 in 1:14-cv-10861-DPW) MOTION to Sever and Remand Claims Against Medical-Negligence Defendants is set for 6/6/2014 02:30 PM in Courtroom 1 before Judge Douglas P. Woodlock; a hearing re (#11 in 1:13-cv-12768-DPW) MOTION to Remand is set for 7/11/2014 02:30 PM in Courtroom 1 before Judge Douglas P. Woodlock; depositions in connection with said matter are to be completed by 6/3/14, with pltff's evidentiary submission due by 6/19/14, and the deft's by 7/3/14; trial and discovery proposals addressed; jury trial(s) to begin on 1/11/16 (2-3 weeks); Daubert motions are due by 10/27/15; oppositions due by 11/17/15; Daubert hearings will be set for the weeks of 12/7/15 and 12/14/15; Discovery re case specific is set as follows; fact discovery completed by 7/14/15; initial expert disclosures by 8/4/15; rebuttal expert disclosure by 9/8/15; depositions completed by 9/29/15; discovery re general liability is set as follows: fact discovery by 7/14/15; initial expert disclosure by 5/11/15; rebuttal expert disclosure by 6/11/15; briefing re HIPPA is due by 5/28/15; further scheduling of case management conferences approved through 1/29/15. (Court Reporter: Lee Marzilli at leemarz@aol.com.)(Attorneys present: Tarricone, Barnes, Hodge, Kettlewell, Cummings, Kavanough) Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett) | |
| Wednesday, May 07, 2014 | ||
| 7 | 7
NOTICE of Appearance by Jacob M. Kaplan on behalf of FRESENIUS MEDICAL CARE AG & CO. KGaA., FRESENIUS SE & CO. KGaA,, Fresenius Management, SE, Fresenius Medical Care Management, AG (Kaplan, Jacob)
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| Tuesday, May 06, 2014 | ||
| 6 | 6
NOTICE of Appearance by Charles B. Cummings on behalf of FRESENIUS MEDICAL CARE AG & CO. KGaA., FRESENIUS SE & CO. KGaA,, Fresenius Management, SE, Fresenius Medical Care Management, AG (Cummings, Charles)
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| 5 | 5
NOTICE of Appearance by Carol A. Starkey on behalf of FRESENIUS MEDICAL CARE AG & CO. KGaA., FRESENIUS SE & CO. KGaA,, Fresenius Management, SE, Fresenius Medical Care Management, AG (Starkey, Carol)
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| Tuesday, April 15, 2014 | ||
| 4 | 4 NOTICE OF MDL CASE OPENED, Direct file in the District of Massachusetts; Lee v. Fresenius Medical Care Holdings, Inc. et al. In Re: Fresenius/Granuflo Naturalyte Dialysate Products Liability Litigation, MDL 2428. (Abaid, Kimberly) | |
| 3 | 3 ELECTRONIC NOTICE of Case Assignment. Judge Douglas P. Woodlock assigned to case. (Folan, Karen) | |
| Monday, April 14, 2014 | ||
| 2 | 2
Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Maynard, Timothy)
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| 1 | 1
COMPLAINT Short Form Complaint against All Defendants Filing fee: $ 400, receipt number 0101-4966409 (Fee Status: Filing Fee paid), filed by Ollie M. Lee.(Elkins, Allan) (Attachment 1 replaced on 4/14/2014) (Maynard, Timothy). (Attachment 2 replaced on 4/14/2014) (Maynard, Timothy).
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Att: 1
Affidavit Category Form,
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Att: 2
Civil Cover Sheet
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