MacRae et al v. New England Baptist Health Care Corporation et al
| Massachusetts District Court | |
| Judge: | Brian E Murphy |
| Case #: | 1:23-cv-11880 |
| Nature of Suit | 362 Torts - Personal Injury - Medical Malpractice |
| Cause | 28:1332 Diversity-Medical Malpractice |
| Case Filed: | Aug 17, 2023 |
| Terminated: | May 09, 2025 |
| Last checked: Tuesday Feb 13, 2024 3:30 AM EST |
|
Defendant
John/Jane Doe, M.D., Alias
|
|
|
Defendant
John Doe Corporation, Alias
|
|
|
Defendant
Meeks & Zilberfarb Orthopedic Associates, P.C.
|
Represented By
|
|
Defendant
New England Baptist Health Care Corporation
|
Represented By
|
|
Defendant
Jeffrey Zilberfarb, M.D.
|
Represented By
|
|
Plaintiff
John MacRae
|
Represented By
|
|
Plaintiff
Donna MacRae
|
Represented By
|
| Docket last updated: 9 hours ago |
| Friday, May 09, 2025 | ||
| 33 | 33
order
Settlement Order of Dismissal
Fri 05/09 3:24 PM
Judge Brian E. Murphy: ORDER entered. 30 DAY SETTLEMENT ORDER OF DISMISSAL (MBM) |
|
| Wednesday, March 19, 2025 | ||
| 32 | 32
order
Order ~Util - Set Hearings ~Util - Terminate Motions
Wed 03/19 10:46 AM
Judge Brian E. Murphy: ELECTRONIC ORDER granting31 Joint Motion for Extension of Time. AMENDED SCHEDULE: Plaintiffs expert disclosures shall be made by 6/24/2025. Defendants expert disclosures shall be made by 7/14/2025. Expert depositions shall be completed by 8/9/2025. Dispositive motions shall be filed by 8/30/2025. Oppositions to dispositive motions shall be filed by 9/20/2025. NOTICE OF HEARING: Status Conference set for 8/14/2025 at 11:00 a.m. remotely by Zoom before Judge Brian E. Murphy. If counsel would prefer to appear in-person for this Conference, please contact the courtroom clerk (617) 748-9170 or Barbara_Beatty@mad.uscourts.gov at least 48 hours in advance. No later than 8/7/2025, parties shall file a joint status report, to include the status of filing dispositive motions and counsels' availability for trial. (BIB) |
|
| Tuesday, March 11, 2025 | ||
| 31 | 31
motion
Extension of Time
Tue 03/11 11:54 AM
Joint MOTION for Extension of Time to Extend the Discovery Deadlines and Amend the Scheduling Order by Donna MacRae, John MacRae |
|
| Tuesday, January 28, 2025 | ||
| 30 | 30
notice
Notice of Reassignment
Tue 01/28 12:09 PM
ELECTRONIC NOTICE of Reassignment. Judge Brian E. Murphy added. Judge Richard G. Stearns no longer assigned to case. (Danieli, Chris) |
|
| Friday, December 27, 2024 | ||
| 29 | 29
order
Order on Motion for Extension of Time to Complete Discovery
Fri 12/27 9:41 AM
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part28 Motion for Extension of Time to Complete Discovery. The court appreciates the parties' cooperative efforts and will ALLOW the motion in part, but this case needs to be trial ready by mid-summer. The court will add another (approximately) 60 days to previously extended deadlines. Fact discovery and depositions must be completed by March 3, 2025. Plaintiffs' expert disclosures shall be made by March 24, 2025; defendants' disclosures by April 14, 2025. Expert depositions, if any, shall be completed by May 9, 2025. Dispositive motions, if any, shall be filed by May 30, 2025; Oppositions to dispositive motions shall be filed by June 20, 2025. If no dispositive motions are filed, the case will be set for trial. This new schedule is more than adequate to prepare for trial this coming summer. (Zierk, Marsha) |
|
| Thursday, December 26, 2024 | ||
| 28 | 28
motion
Extension of Time to Complete Discovery
Thu 12/26 10:46 AM
Joint MOTION for Extension of Time to complete discovery to Complete Discovery by Donna MacRae, John MacRae |
|
| Tuesday, September 03, 2024 | ||
| 27 | 27
order
Order on Motion for Extension of Time to Complete Discovery
Tue 09/03 10:22 AM
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part26 Motion for Extension of Time to Complete Discovery. The court will alter the schedule as follows to accommodate counsel's September trial and addition of experts. Fact discovery and depositions completed by January 6, 2025; Plaintiffs expert disclosures shall be made by January 31, 2025; Defendants expert disclosures shall be made by February 24, 2025; Expert depositions shall be completed by March 21, 2025; Dispositive motions, if any, shall be filed by April 11, 2025; Oppositions to dispositive motions shall be filed by May 2, 2025. If no dispositive motions are filed, the case will be set for trial. This new schedule is more than adequate to prepare for trial in this matter. (Zierk, Marsha) |
|
| Friday, August 30, 2024 | ||
| 26 | 26
motion
Extension of Time to Complete Discovery
Fri 08/30 9:58 AM
Joint MOTION for Extension of Time to Complete Discovery and Amend the Scheduling Order by John MacRae, Donna MacRae |
|
| Friday, May 03, 2024 | ||
| 25 | 25
discov
Disclosure pursuant to Rule 26
Fri 05/03 1:08 PM
Disclosure pursuant to Rule 26 by New England Baptist Health Care Corporation.(Connors, Jenna) |
|
| Wednesday, April 24, 2024 | ||
| 24 | 24
discov
Disclosure pursuant to Rule 26
Wed 04/24 2:32 PM
Disclosure pursuant to Rule 26 by Meeks & Zilberfarb Orthopedic Associates, P.C., Jeffrey Zilberfarb, M.D..(Gray, Alysson) |
|
| 23 | 23
discov
Disclosure pursuant to Rule 26
Wed 04/24 11:31 AM
Disclosure pursuant to Rule 26 by John MacRae, Donna MacRae |
|
| Friday, April 12, 2024 | ||
| 22 | 22
order
Order
Fri 04/12 10:16 AM
Judge Richard G. Stearns: ELECTRONIC ORDER entered - The defendants having filed Answers and the Medical Malpractice Tribunal having entered findings for the plaintiff, the court orders the following pretrial schedule: Initial disclosures required by Fed. R. Civ. P. 26(a)(1) must be completed by 5/3/24. Motions for leave to Amend Pleadings & Joinder of Parties must be filed by 7/19/24. Without leave of court, the parties are permitted to serve 30 interrogatories, 30 requests for admissions and 30 document requests, to be served on the opposing parties (or their counsel) within the 30 days of the initial disclosures (by 6/3/24). The court expects responses to be made in thirty days, unless a request for additional time is granted. A party may not notice more than 6 depositions without leave of court on a showing of good cause. If the parties would like to participate in the court's mediation program, they must notify docket clerk Caetlin McManus (617-748-9041) by 9/23/24. All fact discovery must be completed no later than 10/4/24. If dispositive motions are appropriate, they are due by 10/25/24, with Oppositions to dispositive motions due 11/15/24; Reply, if any, by leave of court. IThe court notes that, in this session, treating physicians are not required to produce Rule 26 expert reports, rather plaintiff's relevant medical records are produced as part of fact discovery. This responsibility can also be accomplished by plaintiff presenting completed releases for relevant records and providers by 11/3/23 as part of her automatic disclosures. Plaintiff is obligated to supplement these records under the procedural rules with any relevant ongoing treatment. If the parties intend to utilize expert(s) (other than treating physicians who have produced their relevant records) they must inform the court no later than 9/19/24 for the court to consider whether the experts expected testimony comports with Fed. R. Evid. 702 and then to amend the pretrial schedule. (Zierk, Marsha) |
|
| Thursday, April 11, 2024 | ||
| 21 | 21
order
Order Lifting Stay
Thu 04/11 4:44 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered. ORDER LIFTING STAY. (McManus, Caetlin) |
|
| Thursday, April 04, 2024 | ||
| 20 | 20
notice
Notice - Other
Fri 04/05 8:23 AM
Order of Retransfer received from Suffolk Superior Court. (McManus, Caetlin) |
|
| Tuesday, April 02, 2024 | ||
| 19 | 19
misc
Findings of the Medical Malpractice Tribunal
Wed 04/03 12:26 PM
FINDINGS of the Medical Malpractice Tribunal received from Suffolk Superior Court. (McManus, Caetlin) |
|
| Monday, September 18, 2023 | ||
| 18 | 18
notice
Notice of Appearance
Mon 09/18 4:35 PM
NOTICE of Appearance by Alysson M. Gray on behalf of Meeks & Zilberfarb Orthopedic Associates, P.C. (Gray, Alysson) |
|
| 17 | 17
answer
Answer to Complaint
Mon 09/18 4:20 PM
ANSWER to1 Complaint with Jury Demand by Meeks & Zilberfarb Orthopedic Associates, P.C..(Dalpe, Rebecca) |
|
| 16 | 16
notice
Notice of Appearance
Mon 09/18 4:11 PM
NOTICE of Appearance by Rebecca L. Dalpe on behalf of Meeks & Zilberfarb Orthopedic Associates, P.C. (Dalpe, Rebecca) |
|
| Wednesday, September 13, 2023 | ||
| 15 | 15
misc
Stipulation
Wed 09/13 2:38 PM
STIPULATION by John MacRae, Donna MacRae. |
|
| Tuesday, September 12, 2023 | ||
| 14 | 14
misc
Case file sent
Tue 09/12 2:12 PM
Case file sent to the Suffolk County Superior Court. (Pacho, Arnold) |
|
| 13 | 13
order
Order
Tue 09/12 11:24 AM
Judge Richard G. Stearns: ELECTRONIC ORDER entered - New England Baptist Health Care Corporation and Jeffrey Zilberfarb, M.D. having filed answers in this diversity case alleging medical malpractice, pursuant to Mass. Gen. Laws chapter 231, s 60B, the court refers this matter to the Massachusetts Superior Court for Suffolk County for hearing before a medical malpractice tribunal. See also Superior Ct. Rule 73. The Clerk may STAY the case while awaiting the tribunal's decision. (Zierk, Marsha) |
|
|
order
~Util - Case Stayed
Tue 09/12 2:15 PM
Judge Richard G. Stearns: ORDER entered. Case stayed pending the medical malpractice tribunal's decision. (Pacho, Arnold) |
||
| Monday, September 11, 2023 | ||
| 12 | 12
notice
Notice of Appearance
Mon 09/11 3:07 PM
NOTICE of Appearance by Brian H. Sullivan on behalf of New England Baptist Health Care Corporation (Sullivan, Brian) |
|
| 11 | 11
notice
Notice of Appearance
Mon 09/11 3:05 PM
NOTICE of Appearance by Jenna A. Connors on behalf of New England Baptist Health Care Corporation (Connors, Jenna) |
|
| 10 | 10
answer
Answer to Complaint
Mon 09/11 2:30 PM
ANSWER to Complaint with Jury Demand by New England Baptist Health Care Corporation.(Connors, Jenna) |
|
| Wednesday, September 06, 2023 | ||
| 9 | 9
answer
Answer to Complaint
Wed 09/06 5:55 PM
ANSWER to1 Complaint with Jury Demand by Jeffrey Zilberfarb, M.D..(Dalpe, Rebecca) |
|
| 8 | 8
notice
Notice of Appearance
Wed 09/06 3:25 PM
NOTICE of Appearance by Alysson M. Gray on behalf of Jeffrey Zilberfarb, M.D. (Gray, Alysson) |
|
| 7 | 7
notice
Notice of Appearance
Wed 09/06 3:17 PM
NOTICE of Appearance by Rebecca L. Dalpe on behalf of Jeffrey Zilberfarb, M.D. (Dalpe, Rebecca) |
|
| Friday, August 25, 2023 | ||
| 6 | 6
service
Summons Returned Executed
Fri 08/25 11:04 AM
SUMMONS Returned Executed Jeffrey Zilberfarb, M.D. served on 8/21/2023, answer due 9/11/2023. (DeLuca, Amato) |
|
| 5 | 5
service
Summons Returned Executed
Fri 08/25 11:03 AM
SUMMONS Returned Executed New England Baptist Health Care Corporation served on 8/21/2023, answer due 9/11/2023. (DeLuca, Amato) |
|
| 4 | 4
service
Summons Returned Executed
Fri 08/25 11:02 AM
SUMMONS Returned Executed Meeks & Zilberfarb Orthopedic Associates, P.C. served on 8/21/2023, answer due 9/11/2023. (DeLuca, Amato) |
|
| Thursday, August 17, 2023 | ||
| 3 | 3
service
Summons Issued
Thu 08/17 11:58 AM
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. (Kelly, Danielle) |
|
| 2 | 2
notice
Notice of Case Assignment
Thu 08/17 11:57 AM
ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Horvath, Courtney) |
|
| 1 | 1
cmp
Complaint
Thu 08/17 11:39 AM
COMPLAINT against All Defendants Filing fee: $ 402, receipt number AMADC-9996743 (Fee Status: Filing Fee paid), filed by John MacRae, Donna MacRae.(DeLuca, Amato) |
|
|
Att: 1
Civil Cover Sheet,
|
||
|
Att: 2
Category Form
|
||