Conway v. FRESENIUS MEDICAL CARE HOLDINGS, INC. et al
| Massachusetts District Court | |
| Judge: | Douglas P Woodlock |
| Case #: | 1:14-cv-14247 |
| Nature of Suit | 365 Torts - Personal Injury - Product Liability |
| Cause | 28:1332 Diversity-Product Liability |
| Case Filed: | Nov 25, 2014 |
| Terminated: | Apr 03, 2019 |
| Last checked: Sunday May 24, 2015 8:43 AM EDT |
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Defendant
FRESENIUS MANAGEMENT SE,
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Represented By
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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 MEDICAL CARE MANAGEMENT AG.
920 Winter Street
Waltham, MA 02451 |
Represented By
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Defendant
Fresenius SE & Co., KGaA
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Represented By
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Defendant
Fresenius U.S.A., Inc.
920 Winter Street
Waltham, MA 02451 |
Represented By
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Defendant
Fresenius USA Manufacturing, Inc.
920 Winter Street
Waltham, MA 02451 |
Represented By
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Defendant
Fresenius USA Marketing , Inc.
920 Winter St
Waltham, MA 02451 |
Represented By
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Defendant
Fresenius USA Sales, Inc., MA
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Plaintiff
Constance Conway
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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: 3 hours ago |
| Wednesday, April 03, 2019 | ||
| 30 | 30
misc
Stipulation of Dismissal
Wed 04/03 9:35 AM
STIPULATION of Dismissal by FRESENIUS MEDICAL CARE HOLDINGS, INC., Fresenius U.S.A., Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc.. (Durant, Maria) |
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| Thursday, March 09, 2017 | ||
| 29 | 29
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 | ||
| 28 | 28
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 | ||
| 27 | 27
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 | ||
| 26 | 26
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 | ||
| 25 | 25
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 | ||
| 24 | 24
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 | ||
| 23 | 23
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 | ||
| 22 | 22
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 | ||
| 21 | 21
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 | ||
| 20 | 20
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 | ||
| 19 | 19
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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| Wednesday, April 29, 2015 | ||
| 16 | 16
notice
Notice of Appearance
Wed 04/29 8:27 AM
NOTICE of Appearance by Jacob M. Kaplan on behalf of FRESENIUS MANAGEMENT SE,, FRESENIUS MEDICAL CARE AG & CO. KGaA., FRESENIUS MEDICAL CARE MANAGEMENT AG., Fresenius SE & Co., KGaA (Kaplan, Jacob) |
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| Tuesday, April 28, 2015 | ||
| 15 | 15
notice
Notice of Appearance
Tue 04/28 1:31 PM
NOTICE of Appearance by Charles B. Cummings on behalf of FRESENIUS MANAGEMENT SE,, FRESENIUS MEDICAL CARE AG & CO. KGaA., FRESENIUS MEDICAL CARE MANAGEMENT AG., Fresenius SE & Co., KGaA (Cummings, Charles) |
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| 14 | 14
notice
Notice of Appearance
Tue 04/28 7:57 AM
NOTICE of Appearance by Carol A. Starkey on behalf of FRESENIUS MANAGEMENT SE,, FRESENIUS MEDICAL CARE AG & CO. KGaA., FRESENIUS MEDICAL CARE MANAGEMENT AG., Fresenius SE & Co., KGaA (Starkey, Carol) |
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| Friday, March 27, 2015 | ||
| 13 | 13
notice
Notice of Appearance
Fri 03/27 2:39 PM
NOTICE of Appearance by Maria R. Durant on behalf of FRESENIUS MEDICAL CARE HOLDINGS, INC., Fresenius U.S.A., Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc. (Durant, Maria) |
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| 12 | 12
notice
Notice of Appearance
Fri 03/27 1:43 PM
NOTICE of Appearance by Sara E. Silva on behalf of FRESENIUS MEDICAL CARE HOLDINGS, INC., Fresenius U.S.A., Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc. (Silva, Sara) |
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| 11 | 11
notice
Notice of Appearance
Fri 03/27 10:43 AM
NOTICE of Appearance by William H. Kettlewell on behalf of FRESENIUS MEDICAL CARE HOLDINGS, INC., Fresenius U.S.A., Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc. (Kettlewell, William) |
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| Monday, January 12, 2015 | ||
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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 | ||
| 6 | 6
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 | ||
| 5 | 5
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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| Wednesday, November 26, 2014 | ||
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Summons Issued as to FRESENIUS MANAGEMENT SE,, FRESENIUS MEDICAL CARE AG & CO. KGaA., FRESENIUS MEDICAL CARE HOLDINGS, INC D/B/A FRESENIUS, MEDICAL CARE NORTH AMERICA, FRESENIUS MEDICAL CARE HOLDINGS, INC., FRESENIUS MEDICAL CARE MANAGEMENT AG., Fresenius SE & Co., KGaA, Fresenius U.S.A., Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc., Fresenius USA Sales, Inc.. 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. (Moore, Kellyann)
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| 3 | 3 NOTICE OF MDL CASE OPENED, Direct file in the District of Massachusetts; Conway v. Fresenius Medical Care Holdings, Inc.et al. In Re: Fresenius/Granuflo Naturalyte Dialysate Products Liability Litigation, MDL 2428. (Abaid, Kimberly) | |
| 2 | 2 ELECTRONIC NOTICE of Case Assignment. Judge Douglas P. Woodlock assigned to case. (Abaid, Kimberly) | |
| Tuesday, November 25, 2014 | ||
| 1 | 1
COMPLAINT Constance Conway obo Ronald Conway against All Defendants Filing fee: $ 400, receipt number 0101-5297197 (Fee Status: Filing Fee paid), filed by Ronald Conway.(Singleton, W.)
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Att: 1
Civil Cover Sheet,
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Att: 2
category form
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