Ajaryan, et al. v. Fresenius USA Inc., et al.
| Anait Ajaryan, Anahid Akhaian, Joe Apikian, Tigran Aytayan, Anne Gevorgyan, Armenak Ovananyan, Nvard Bebedjian, Abraham Berberian, Lida Shamorodian, Grigor Demirchyan, Yester Edikyan, Ruzanna Danielyan, Elizaveta Galachyan, Susana Petikyan, Aida Taldabanian, Arpik Mzrakyan and Yeranoush Shahmirian |
| Fresenius U.S.A., Inc., Fresenius USA Manufacturing, Inc., FRESENIUS MEDICAL CARE HOLDINGS, INC., Fresenius Medical Care North America Inc., Fresenius USA Marketing, Inc., Walter L. Weisman, Ben Lipps, John Does and Does 1-100, Inclusive |
| 1:2014cv13338 |
| August 14, 2014 |
| US District Court for the District of Massachusetts |
| Boston Office |
| XX US, Outside State |
| Douglas P Woodlock |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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| Filing 73 Judge Douglas P. Woodlock: ELECTRONIC PROCEDURAL ORDER - In light of the Defendant's Omnibus Motion (ECF#1862) to Dismiss following the failure of the plaintiffs in the 631 cases identified therein to properly comply with Case Management Order No.17 (ECF#1825), the Clerk is directed to enter a Judgment of Dismissal with Prejudice on May 3, 2017, in each such case in the absence of further order of this court for good cause shown. (Gioia, AnaMaria) |
| Filing 72 MOTION to Dismiss "Defendant FMCNA's Omnibus Motion to Dismiss" by Fresenius Medical Care Holdings, Inc. d/b/a Fresenius Medical Care North America, Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc., Fresenius USA, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Gioia, AnaMaria) |
| Filing 71 Judge Douglas P. Woodlock: MEMORANDUM REGARDING CASE MANAGEMENT ORDER NO. 17 (LONE PINE ORDER. Issued in all Associated Cases.(Beatty, Barbara) |
| Filing 70 Judge Douglas P. Woodlock: CASE MANAGEMENT ORDER NO. 17 (LONE PINE ORDER). Issued in All Associated Cases. (Beatty, Barbara) |
| Filing 69 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) |
| Filing 68 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) |
| Filing 67 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) |
| Filing 66 STIPULATION of Dismissal by Nvard Bebedjian, Abraham Berberian, Susana Petikyan. (Zukin, Helen) |
| Filing 65 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) |
| Filing 64 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) |
| Filing 63 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) |
| Filing 62 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) |
| Filing 61 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; opening briefs re generic export reports due 9/14/15; responses due 10/5/15; status report (discovery) due 8/27/15; Status Conference (discovery) set for 8/28/15 at 2:30 PM in Courtroom 1 before Judge Douglas P. Woodlock; Court Ordered Bellwether trial related briefs (recommendations) due by 9/11/15; disputes/response due by 9/25/2015; a hearing re Bellwether cases for trial set for 10/7/15 at 2:30 PM in Courtroom 1 before Judge Douglas P. Woodlock; parties are to hold week of 10/13/15 for joint Daubert/Lanigan hearings; 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) Modified text and Regenerated NEF on 8/11/2015 (Lovett, Jarrett). |
| Filing 60 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) |
| Filing 59 ELECTRONIC Clerk's Notes for proceedings held before Judge Douglas P. Woodlock: Status Conference and Motion Hearing held on 6/19/2015 jointly proposed Case Management Order No. 15 adopted by the Court; 1178 Plaintiffs' Unopposed Motion for Leave to File a Second Amended Master Complaint - GRANTED with recognition of pltffs' agreement to defts' response re experts re 1196 ; Stipulation of Dismissals Without Prejudice for Purpose of Changing "Home Forum" addressed 1179 Motion to Compel (Kyles v. FMCH, et al., MDL 13-cv-10831-DPW) noted as withdrawn 1197 Motion to Withdraw Voluntary Motion to Dismiss and Dkt No. 39 in Jones v. FMCNA, et al., MDL No. 14-cv-11360-DPW - DENIED; Voluntary Motion to Dismiss, Dkt. No. 25 in Jones v. FMCNA, et al., MDL No. 14-cv-11360-DPW GRANTED WITHOUT PREJUDICE to pursuit of Jones v. FMCNA, et al., MDL No. 15-cv-11617-DPW a status report re St. Louis, Missouri case no. 1322-cc-09797-10to be filed. Court is inclined to issue a show cause order re duplicate case filing (#17 Motion to Dismiss Without Prejudice in Thames v. FMCNA, et al., MDL 14-cv-14009-DPW) - GRANTED to pursuit of Massachusetts State Court case; Court enters (#12 in Miller v. FMCNA, et al., MDL 15-cv-10218-DPW) Plaintiff's Amended Notice of Voluntary Dismissal, without prejudice to pursuit of St. Louis State Court case 1189 Assented to Motion to Sever Plaintiffs, (#43 in Brown, et al. v. FMCNA, et al., MDL 14-cv-12402-DPW), and (#30 in Carter, et al. v. FMCNA, et al., MDL 14-cv-13883-DPW) Assented to Motions to Sever Plaintiffs - GRANTED(#36 in Stockton v. FMCNA, et al., MDL 14-cv-11158-DPW) Motion to Voluntarily Dismiss - GRANTED WITHOUT PREJUDICE to pursuit of 14-cv-13394-DPW. Notice of Appeal by State of Louisiana and Common Benefit Fund issues addressed; Court Orders further briefing re Cook v. FMCNA, et al., MDL 14-cv-14412-DPW) due by 6/29/15. Barnes, Tarricone, Rasmussen, Shaul, and LeBlanc for the pltffs Cummings, Starkey, Castle (in-house-counsel), Newsom, Hodge, Kettlewell, and Durant for the defts (adminn, ) |
| Filing 57 STIPULATION of Dismissal Without Prejudice For Purpose of Changing "Home Forum" Designation by Anait Ajaryan, Anahid Akhaian, Joe Apikian, Tigran Aytayan, Ruzanna Danielyan, Grigor Demirchyan, Yester Edikyan, Elizaveta Galachyan, Anne Gevorgyan, Arpik Mzrakyan, Armenak Ovananyan, Yeranoush Shahmirian, Lida Shamorodian, Aida Taldabanian. (Zukin, Helen) |
| Filing 58 ELECTRONIC Clerk's Notes for proceedings held before Judge Douglas P. Woodlock: Status/Scheduling Conference and Motion Hearing held on 5/15/2015; parties report to the Court of an agreement made re Phase II Bellwether Deposition Discovery (Dkt. Nos. 981/982); attachment A to Joint Status Report (Dkt. No. 1053) addressed and in further connection to Church v. FMCNA, et al, case no. 14-cv-10836 and Moses v. FMCNA, et al, case no. 14-cv-10848; Motions to Sever addressed and an Order shall issue as such; motions to remand and sever in Cook v. FMCNA, et al, case no. 14cv14412 (Dkt. Nos. 45/86/89/96/97) TAKEN UNDER ADVISMENT; motion to sever in Arballo v. FMCNA, et al, case no. 14-cv-10546 (Dkt. No. 55) TAKEN UNDER ADVISEMENT; motion to dismiss in Jones v. FMCNA (Dkt. No. 25), motion to dismiss in Thames v. FMCNA, et al (Dkt. No. 17), and notice of voluntary dismissal in Miller v. FMCNA, et al, case no. 15-cv-10218 set for hearing on 6/19/15 at 2:30 before Judge Douglas P. Woodlock; State of Louisiana trial has been set; next status/scheduling conference and motion hearing set in this matter set for 6/19/15 at 2:30 PM in Courtroom 1 before Judge Douglas P. Woodlock. Barnes, McCallister, Munson, Griffin, Weinkowitz, and Sill for the pltffs; Castle, Kettlewell, Newsom, Hall, Cummings, Lee, Hull, Jr., and Adams for the deftsAssociated Cases: 1:13-md-02428-DPW et al.(adminn, ) |
| Filing 56 NOTICE of Appearance by Jacob M. Kaplan on behalf of Walter L. Weisman (Kaplan, Jacob) |
| Filing 55 NOTICE of Appearance by Charles B. Cummings on behalf of Walter L. Weisman (Cummings, Charles) |
| Filing 54 NOTICE of Appearance by Carol A. Starkey on behalf of Walter L. Weisman (Starkey, Carol) |
| Filing 53 ELECTRONIC NOTICE: For the Clerk's Notes re Status/Scheduling Conference and Motion Hearing of 3/2/15, see docket entry no. 936 in case no. 13-md-2428-DPW. Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett) |
| Filing 52 Judge Douglas P. Woodlock: ORDER entered. CASE MANAGEMENT ORDER NO. 14 (REVISED).Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett) |
| Filing 51 ELECTRONIC NOTICE: Counsel are directed to note docket entry no. 926 in case no. 13-md-2428-DPW for notes re the Status/Scheduling Conference held on 2/5/15. Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett) |
| Filing 50 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) |
| Filing 49 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) |
| Filing 48 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) |
| Filing 47 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) |
| Filing 46 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) |
| Filing 45 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). |
| Filing 44 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) |
| Filing 43 Judge Douglas P. Woodlock: ORDER entered. OMNIBUS CASE MANAGEMENT ORDER. Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett) |
| Filing 42 ELECTRONIC NOTICE of Case Assignment. Judge Douglas P. Woodlock assigned to case. (Abaid, Kimberly) |
| Filing 41 Judge Douglas P. Woodlock: MDL PROCEDURAL AND CASE MANAGEMENT ORDERS NO. 1-13 entered. (Attachments: #1 CASE MANAGEMENT ORDERS NO. 1-13)(Jones, Sherry) |
| Filing 40 NOTICE TO ALL COUNSEL: Pursuant to CTO MDL No. 2428 has been transferred from Central District of California and assigned civil action number: 14-13338. Central District of California case number: 14-2896. In Re: Fresenius/Granuflo Naturalyte Dialysate Products Liability Litigation, MDL 2428 (Jones, Sherry) |
| Filing 39 Case transferred in from District of California Central; Case Number 2:14-cv-02896. |
| Filing 38 Transfer Out Transmittal Letter. (Attachments: #1 CV-57) (aco) |
| Filing 37 TRANSFER ORDER from the Judicial Panel on Multidistrict Litigation MDL 2428, transferring case to USDC District of Massachusetts at Boston and assigned to the Honorable Douglas P. Woodlock on 8/13/2014. Case electronically transferred (MD JS-6. Case Terminated.) (aco) |
Filing 36
ORDER by Judge Jesus G. Bernal Re Stipulation to Extend Time to Answer (More than 30 days ) #35 : IT IS HEREBY ORDERED THAT the time for Defendant Walter L. Weisman to respond to the complaint in this action is extended and such response shall be due on or before September 30, 2014. IT IS SO ORDERED. (ad)
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| Filing 35 STIPULATION for Extension of Time to File Answer to 9/30/2014 filed by Defendant Walter L. Weisman. (Attachments: #1 Proposed Order)(Wurster, Keith) |
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Filing 34
ORDER by Judge Jesus G. Bernal Re Stipulation for Extension of Time to Respond #33 : IT IS HEREBY ORDERED THAT the time for Defendant Walter L. Weisman to respond to the complaint in this action is extended and such response shall be due on or before August 1, 2014. IT IS SO ORDERED. (ad)
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| Filing 33 STIPULATION for Extension of Time to File Response to Initial Complaint filed by Defendant Walter L. Weisman. (Attachments: #1 Proposed Order)(Wurster, Keith) |
| Filing 27 TEXT ONLY ENTRY: Magistrate Judge Alicia G. Rosenberg is participating in a pilot project regarding the submission of SEALED DOCUMENTS. Effective July 8, 2013, all proposed sealed documents pertaining to discovery matters referred to the magistrate judge must be submitted via e-mail to the Judges Chambers email address at AGR_Chambers@cacd.uscourts.gov. Please refer to the judges procedures and schedules for detailed instructions for submission of sealed documents. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kl) TEXT ONLY ENTRY |
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Filing 32
SEALED DOCUMENT-ORDER by Judge Jesus G. Bernal: granting #28 Motion to Seal Document ; granting #29 Motion to Seal Document ; granting #30 Motion to Seal Document ; granting #31 Motion to Seal Document. (mrgo)
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| Filing 31 SEALED DOCUMENT-MOTION to File Documents Under Seal filed. Lodged order. (mrgo) |
| Filing 30 SEALED DOCUMENT-MOTION to File Documents Under Seal filed. Lodged order. (Attachments: #1 Motion part 2)(mrgo) |
| Filing 29 SEALED DOCUMENT-MOTION to File Documents Under Seal filed. Lodged order. (mrgo) |
| Filing 28 SEALED DOCUMENT-MOTION to File Documents Under Seal filed. Lodged order. (mrgo) |
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Filing 26
Order VACATING the June 2, 2014 Hearing on Plaintiffs' Motion to Remand (Doc. No. #13 ) and TAKING UNDER SUBMISSION the Motion to Remand and Defendants' Ex Parte Application to Stay Case (Doc. No. #19 ) (IN CHAMBERS) by Judge Jesus G. Bernal. (See document for specifics) (adu)
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| Filing 25 ANSWERJURY DEMAND. filed by Defendants Fresenius Medical Care Holdings Inc, Fresenius Medical Care North America Inc, Fresenius USA Inc, Fresenius USA Manufacturing Inc, Fresenius USA Marketing Inc, Ben Lipps.(Fraizer, Tamara) |
| Filing 24 REPLY IN SUPPORT OF MOTION to Remand Case to Los Angeles Superior Court #13 filed by Plaintiffs Anait Ajaryan, Anahid Akhaian, Joe Apikian, Tigran Aytayan, Nvard Bebedjian, Abraham Berberian, Ruzanna Danielyan, Grigor Demirchyan, Yester Edikyan, Elizaveta Galachyan, Anne Gevorgyan, Arpik Mzrakyan, Armenak Ovananyan, Susana Petikyan, Yeranoush Shahmirian, Lida Shamorodian, Aida Taldabanian. (Attachments: #1 Declaration of Bahar Dejban, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(Dejban, Baharak) |
| Filing 23 REPLY in support of APPLICATION to Stay Case pending Pending JPML Decision Regarding Transfer #19 filed by Defendants Fresenius Medical Care Holdings Inc, Fresenius Medical Care North America Inc, Fresenius USA Inc, Fresenius USA Manufacturing Inc, Fresenius USA Marketing Inc, Ben Lipps. (Fraizer, Tamara) |
| Filing 22 Opposition to Plaintiffs' Motion to Remand opposition re: MOTION to Remand Case to Los Angeles Superior Court #13 filed by Defendants Fresenius Medical Care Holdings Inc, Fresenius Medical Care North America Inc, Fresenius USA Inc, Fresenius USA Manufacturing Inc, Fresenius USA Marketing Inc, Ben Lipps. (Attachments: #1 Declaration of T. Fraizer ISO Opp to Mot to Remand, #2 Exhibit A to Decl of Fraizer ISO Opp, #3 Exhibit B to Decl of Fraizer ISO Opp, #4 Exhibit C FILED UNDER SEAL, #5 Exhibit D FILED UNDER SEAL, #6 Exhibit E-1 To Decl of Fraizer ISO Opp, #7 Exhibit E-2 to Decl of Fraizer ISO Opp, #8 Exhibit F FILED UNDER SEAL)(Fraizer, Tamara) |
| Filing 21 NOTICE of Manual Filing filed by Defendants Fresenius Medical Care Holdings Inc, Fresenius Medical Care North America Inc, Fresenius USA Inc, Fresenius USA Manufacturing Inc, Fresenius USA Marketing Inc, Ben Lipps of Exhibits to Decl of T. Fraizer ISO Opp to Motion to Remand. (Fraizer, Tamara) |
| Filing 20 OPPOSITION opposition re: APPLICATION to Stay Case pending Pending JPML Decision Regarding Transfer #19 filed by Plaintiffs Anait Ajaryan, Anahid Akhaian, Joe Apikian, Tigran Aytayan, Nvard Bebedjian, Abraham Berberian, Ruzanna Danielyan, Grigor Demirchyan, Yester Edikyan, Elizaveta Galachyan, Anne Gevorgyan, Arpik Mzrakyan, Armenak Ovananyan, Susana Petikyan, Yeranoush Shahmirian, Lida Shamorodian, Aida Taldabanian. (Attachments: #1 Declaration of Bahar Dejban, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Dejban, Baharak) |
| Filing 19 APPLICATION to Stay Case pending Pending JPML Decision Regarding Transfer filed by Defendants Fresenius Medical Care Holdings Inc, Fresenius Medical Care North America Inc, Fresenius USA Inc, Fresenius USA Manufacturing Inc, Fresenius USA Marketing Inc, Ben Lipps. (Attachments: #1 Declaration of Fraizer ISO Application to Stay, #2 Proposed Order)(Fraizer, Tamara) |
| Filing 18 Certification and NOTICE of Interested Parties filed by Defendant Walter L. Weisman, (Wurster, Keith) |
| Filing 17 STIPULATION Extending Time to Answer the complaint as to Walter L. Weisman answer now due 6/2/2014, filed by Defendant Walter L. Weisman.(Wurster, Keith) |
| Filing 16 NOTICE of Appearance filed by attorney Keith L Wurster on behalf of Defendant Walter L. Weisman (Attorney Keith L Wurster added to party Walter L. Weisman(pty:dft))(Wurster, Keith) |
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Filing 15
STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (ima)
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| Filing 14 Notice of Appearance or Withdrawal of Counsel: for attorney David H Stern counsel for Defendants Fresenius Medical Care Holdings Inc, Fresenius Medical Care North America Inc, Fresenius USA Inc, Fresenius USA Manufacturing Inc, Fresenius USA Marketing Inc. Adding David H. Stern as attorney as counsel of record for Fresenius USA, Inc., Fresenius USA Manufacturing, Inc., Fresenius Medical Care Holdings, Inc., Fresenius Medical Care North America, Inc., Fresenius USA Marketing, Inc., Ben Lipps for the reason indicated in the G-123 Notice. Filed by Defendants Fresenius USA, Inc., Fresenius USA Manufacturing, Inc., Fresenius Medical Care Holdings, Inc., Fresenius Medical Care North America, Inc., Fresenius USA Marketing, Inc., Ben Lipps. (Attorney David H Stern added to party Fresenius Medical Care Holdings Inc(pty:dft), Attorney David H Stern added to party Fresenius Medical Care North America Inc(pty:dft), Attorney David H Stern added to party Fresenius USA Inc(pty:dft), Attorney David H Stern added to party Fresenius USA Manufacturing Inc(pty:dft), Attorney David H Stern added to party Fresenius USA Marketing Inc(pty:dft))(Stern, David) |
| Filing 13 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiffs Anait Ajaryan, Anahid Akhaian, Joe Apikian, Tigran Aytayan, Nvard Bebedjian, Abraham Berberian, Ruzanna Danielyan, Grigor Demirchyan, Yester Edikyan, Elizaveta Galachyan, Anne Gevorgyan, Arpik Mzrakyan, Armenak Ovananyan, Susana Petikyan, Yeranoush Shahmirian, Lida Shamorodian, Aida Taldabanian. Motion set for hearing on 6/2/2014 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Declaration of Bahar Dejban, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Proposed Order)(Dejban, Baharak) |
| Filing 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Remand Case to Los Angeles Superior Court #10 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s): Hearing date selected is a holiday. The next available date is Monday, June 2, 2014 at 9:00 am. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (adu) |
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Filing 11
PAPERLESS ORDER by Judge Jesus G. Bernal. Pursuant to Local Rule 6-1, Plaintiff's Motion to Remand (docket No. 10), is untimely. Further, the motion is set for hearing on May 26, 2014, which falls on a holiday. Accordingly, the motion is stricken. Counsel may refile the motion. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY
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| Filing 10 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by PLAINTIFF Anait Ajaryan, Anahid Akhaian, Joe Apikian, Tigran Aytayan, Nvard Bebedjian, Abraham Berberian, Ruzanna Danielyan, Grigor Demirchyan, Yester Edikyan, Elizaveta Galachyan, Anne Gevorgyan, Arpik Mzrakyan, Armenak Ovananyan, Susana Petikyan, Yeranoush Shahmirian, Lida Shamorodian, Aida Taldabanian. Motion set for hearing on 5/26/2014 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Declaration of Bahar Dejban, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Proposed Order)(Dejban, Baharak) |
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Filing 9
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: EDCV 13-00401 JGB(OPx). Case transferred from Judge Philip S. Gutierrez and Magistrate Judge Carla Woehrle to Judge Jesus G. Bernal and Magistrate Judge Alicia G. Rosenberg for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 14-02896 JGB(AGRx). Signed by Judge Jesus G. Bernal. (vp)
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| Filing 8 STIPULATION Extending Time to Answer the complaint as to Fresenius Medical Care Holdings Inc answer now due 5/22/2014; Fresenius USA Marketing Inc answer now due 5/22/2014; Fresenius Medical Care North America Inc answer now due 5/22/2014; Fresenius USA Inc answer now due 5/22/2014; Ben Lipps answer now due 5/22/2014; Fresenius USA Manufacturing Inc answer now due 5/22/2014, filed by Defendants Fresenius Medical Care Holdings Inc; Fresenius USA Marketing Inc; Fresenius Medical Care North America Inc; Fresenius USA Inc; Ben Lipps; Fresenius USA Manufacturing Inc.(Fraizer, Tamara) |
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Filing 7
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji)
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| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 5 NOTICE of Related Case(s) filed by Defendants Fresenius Medical Care Holdings Inc, Fresenius Medical Care North America Inc, Fresenius USA Inc, Fresenius USA Manufacturing Inc, Fresenius USA Marketing Inc, Ben Lipps. Related Case(s): 5:13-cv-0401-JGB (OPx); 2:13-cv-02729 JGB (OPx); 2:13-cv-04079 JGB (OPx) see attachment for more details. (et) (mg). |
| Filing 4 NOTICE OF PENDENCY OF OTHER ACTIONS OR PROCEEDINGS filed by Defendants Fresenius Medical Care Holdings Inc, Fresenius Medical Care North America Inc, Fresenius USA Inc, Fresenius USA Manufacturing Inc, Fresenius USA Marketing Inc, Ben Lipps. (et) (mg). |
| Filing 3 NOTICE of Interested Parties filed by Defendants Fresenius Medical Care Holdings Inc, Fresenius Medical Care North America Inc, Fresenius USA Inc, Fresenius USA Manufacturing Inc, Fresenius USA Marketing Inc, Ben Lipps, identifying Corporate Parent Fresenius Medical Care Holdings Inc for Fresenius USA Inc, Fresenius USA Manufacturing Inc, Fresenius USA Marketing Inc. (et) (mg). |
| Filing 2 DECLARATION of TAMARA FRAZIER in Support of Notice of Removal #1 filed by Defendants Fresenius Medical Care Holdings Inc, Fresenius Medical Care North America Inc, Fresenius USA Inc, Fresenius USA Manufacturing Inc, Fresenius USA Marketing Inc, Ben Lipps. [Submitted Attached of State Court Complaint to Exhibit A.] (et) (mg). |
| Filing 1 NOTICE OF REMOVAL from Superior Court of CA for the County of Los Angeles, case number BC541275 with CONFORMED FILED copy of summons and complaint, attached to Declaration of Tama Fraizer to Exhibit A. Case assigned to Judge Philip S. Gutierrez, Discovery to Magistrate Judge Carla Woehrle. (Filing fee $400 PAID.), filed by Defendants Fresenius Medical Care Holdings Inc, Fresenius USA Marketing Inc, Fresenius Medical Care North America Inc, Fresenius USA Inc, Ben Lipps, Fresenius USA Manufacturing Inc.(et) (mg). (Main Document 1 replaced on 4/21/2014) (mg). (Additional attachment(s) added on 4/21/2014: #1 Exhibit A, #2 Exhibit B, #3 Declaration C, #4 Declaration D, #5 Exhibit E) (mg). |
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