Schortzmann v. Fresenius Medical Care Holdings, Inc. d/b/a Fresenius Medical Care North America, Inc. et al
Plaintiff: Brenda Schortzmann
Defendant: Fresenius Medical Care Holdings, Inc. d/b/a Fresenius Medical Care Norht America, Inc., Fresenius U.S.A., Inc., Fresenius USA Manufacturing, Inc. and Fresenius USA Marketing, Inc.
Case Number: 1:2014cv12132
Filed: May 14, 2014
Court: US District Court for the District of Massachusetts
Office: Boston Office
County: XX US, Outside State
Presiding Judge: Douglas P Woodlock
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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This docket was last retrieved on March 29, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 29, 2019 Filing 43 STIPULATION of Dismissal by Fresenius Medical Care Holdings, Inc. d/b/a Fresenius Medical Care Norht America, Inc., Fresenius U.S.A., Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc.. (Durant, Maria)
March 27, 2019 Filing 42 NOTICE of Appearance by Maria R. Durant on behalf of Fresenius Medical Care Holdings, Inc. d/b/a Fresenius Medical Care Norht America, Inc., Fresenius U.S.A., Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc. (Durant, Maria)
March 9, 2017 Filing 41 Judge Douglas P. Woodlock: MEMORANDUM REGARDING CASE MANAGEMENT ORDER NO. 17 (LONE PINE ORDER. Issued in all Associated Cases.(Beatty, Barbara)
January 26, 2017 Filing 40 Judge Douglas P. Woodlock: CASE MANAGEMENT ORDER NO. 17 (LONE PINE ORDER). Issued in All Associated Cases. (Beatty, Barbara)
October 22, 2016 Filing 39 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)
December 4, 2015 Filing 38 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)
October 22, 2015 Filing 37 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)
October 7, 2015 Filing 36 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)
September 24, 2015 Filing 35 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)
August 28, 2015 Filing 34 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)
August 14, 2015 Filing 33 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)
August 7, 2015 Filing 32 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).
July 8, 2015 Filing 31 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)
June 19, 2015 Filing 30 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, )
May 15, 2015 Filing 29 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, )
April 10, 2015 Filing 28 ELECTRONIC Clerk's Notes for proceedings held before Judge Douglas P. Woodlock: Status/Scheduling Conference and Motion Hearing held on 4/10/2015; (#943) jointly proposed amendment to CMO No. 7 and exhibit A attached thereto, and in this connection, (#34) Stipulation of Dismissal filed in case no. 14-10513, Buggs v. FMCNA, et al., addressed; no action taken at this time; further briefing due 4/24/15; (#971 in 13-2428, In Re Fresenius), (#119 in Nunez et al v. FMCNA et al, MDL No. 13-11986), (#102 in Casian et al v. FMCNA et al, MDL No. 13-12529), (#55 in Rasing et al v. FMCNA et al, MDL No. 14-10381), (#56 in Schmidt et al v. FMCNA et al, MDL No. 14-10383), and (#65 in Yassin et al v. FMCNA et al, MDL No. 14-12404) assented to Motions to Sever - GRANTED; move for severance expected in Pryor et al v. FMCNA et al, MDL No. 15-11530; Walter L. Weisman to be dismissed by stipulation in case nos. 14-10381, 14-10383, and 14-12404; (#25 in Jones v. FMCNA, et al., MDL No. 14-11360) Plaintiffs Motion to Dismiss tabled for 5/15/15 hearing; (#16 in Thames v. FMCNA, et al. MDL No. 14-14009) Stipulation of Dismissal tabled for 5/15/15 hearing; (#954 in 13-2428, and #89 in 14-14412 Cook v. FMCNA, et al) Motions GRANTED as to severing plaintiffs, and reserved for further hearing as to claim/defendant severance; further briefing by pltffs and hospital/clinic defts by 5/1/15; pltffs reply in support due 5/8/15; motions to remand (Oklahoma plaintiffs) in said cases set for 5/15/15; further hearing set for 5/15/15 in Arballo v. FMCNA et al., MDL No. 14-10546; move for class certification expected in case nos. 14-10413, Rodriguez v. FMCNA, et al., 12-12022 Jones v. FMCNA, et al., 13-10843, Berzas v. FMCNA, et al., 13-11828, Brysten v. FMCNA, et al., and 13-12959, Benoit v. FMCNA, et al.; (#949 in case 13-2428) Plaintiffs Motion to Compel - GRANTED as stated on the record; bellwether case selections addressed (2nd phase discovery) re Avitia v. FMCNA et al, MDL No. 13-12762, Battle v. FMCNA et al, MDL No. 13-12717, Burkes v. FMCNA et al, MDL No. 14-10712, Conway v. FMCNA et al, MDL No. 14-10594, Dial v. FMCNA et al, MDL No. 14-11101, Dickson v. FMCNA et al, MDL No. 13-10836, Hall v. FMCNA et al, MDL No. 14-11302, Kyles v. FMCNA et al, MDL No. 13-10831, Lastorka v. FMCNA et al, MDL No. 13-13066, and Sims v. FMCNA et al, MDL No. 13-10109; further briefing to filed; daubert motions remain due by 10/27/15; a hearing will be set if there any discovery disputes arise; scheduling of daubert hearings to be revisited; next Status/Scheduling Conferences set for 5/15/15, 6/19/15, 7/17/15, and 8/7/15 at 2:30 PM in Courtroom 1 before Judge Douglas P. Woodlock. (Court Reporter: Brenda Hancock at brhancock@msn.com.)(Attorneys present: Tarricone, Gotz, Sices, McAllister, Sill, Bergin and Aumais for the pltffs; Kettlewell, Newsom, Hodge, Cummings, Starkey, Bennett, Castle, and Adams for the defts) (Lovett, Jarrett)
March 2, 2015 Filing 27 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)
February 5, 2015 Filing 26 Judge Douglas P. Woodlock: ORDER entered. CASE MANAGEMENT ORDER NO. 14 (REVISED).Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett)
February 5, 2015 Filing 25 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)
January 12, 2015 Filing 24 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)
January 9, 2015 Filing 23 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)
December 22, 2014 Filing 22 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)
November 7, 2014 Filing 21 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)
November 7, 2014 Filing 20 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)
October 10, 2014 Filing 19 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).
September 19, 2014 Filing 18 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)
August 26, 2014 Filing 17 Judge Douglas P. Woodlock: ORDER entered. OMNIBUS CASE MANAGEMENT ORDER. Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett)
August 8, 2014 Filing 16 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)
July 15, 2014 Filing 15 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)
July 11, 2014 Filing 14 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)
June 19, 2014 Filing 13 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)
June 19, 2014 Filing 12 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)
June 6, 2014 Filing 11 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)
June 6, 2014 Filing 10 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)
May 29, 2014 Filing 9 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)
May 14, 2014 Filing 8 ELECTRONIC NOTICE of Case Assignment. Judge Douglas P. Woodlock assigned to case. (Abaid, Kimberly)
May 14, 2014 Filing 7 Judge Douglas P. Woodlock: MDL PROCEDURAL ORDER AND CASE MANAGEMENT ORDERS NO. 1-5 entered. (Attachments: #1 CASE MANAGEMENT ORDER NO. 1, #2 CASE MANAGEMENT ORDER NO. 2, #3 CASE MANAGEMENT ORDER NO. 3, #4 CASE MANAGEMENT ORDER NO. 4, #5 CASE MANAGEMENT ORDER NO. 5)(Jones, Sherry)
May 14, 2014 Filing 6 NOTICE TO ALL COUNSEL: Pursuant to CTO Number: 53, MDL No. 2428 has been transferred from Eastern District of California and assigned civil action number: 14-12132. Eastern District of California case number: 14-00634. In Re: Fresenius/Granuflo Naturalyte Dialysate Products Liability Litigation, MDL 2428 (Jones, Sherry)
May 14, 2014 Filing 5 Case transferred in from District of California Eastern; Case Number 1:14-cv-00634.
May 14, 2014 Filing 4 CONDITIONAL TRANSFER ORDER (CTO-53). CASE TRANSFERRED to District of Massachusetts. MDL No. 2428. (Robles, S)
May 1, 2014 Filing 3 STIPULATION To Extend Time To Respond to Initial Complaint by Not More than 28 days by Fresenius Medical Care Holdings, Inc. d/b/a Fresenius Medical Care Norht America, Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc., Fresenius USA, Inc.. (Fraizer, Tamara)
April 30, 2014 Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED: Status Conference re Consent / Initial Scheduling Conference set for 8/7/2014 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Order Assigning Sac DJ, #2 Consent Form, #3 VDRP) (Fahrney, E)
April 29, 2014 Filing 1 NOTICE of REMOVAL from Superior Court, County of Merced, case number CVM017918 by Fresenius USA Manufacturing, Inc., Fresenius USA, Inc., Fresenius Medical Care Holdings, Inc. d/b/a Fresenius Medical Care Norht America, Inc., Fresenius USA Marketing, Inc.. (Filing fee $ 400, receipt number 0972-5302679) (Attachments: #1 Civil Cover Sheet, #2 Declaration of Fraizer ISO Notice of Removal, #3 Exhibit A part 1 to Decl of Fraizer, #4 Exhibit A part 2 to Decl of Fraizer, #5 Exhibit B to Decl of Fraizer, #6 Notice of Interested Parties, #7 Notice of Related Cases)(Fraizer, Tamara)

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Search for this case: Schortzmann v. Fresenius Medical Care Holdings, Inc. d/b/a Fresenius Medical Care North America, Inc. et al
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Plaintiff: Brenda Schortzmann
Represented By: Amy M. Carter
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Defendant: Fresenius Medical Care Holdings, Inc. d/b/a Fresenius Medical Care Norht America, Inc.
Represented By: Carolin Sahimi
Represented By: David H. Stern
Represented By: Juanita R. Brooks
Represented By: Olga I. May
Represented By: Roger A. Denning
Represented By: Maria R. Durant
Represented By: Tamara Fraizer
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Defendant: Fresenius U.S.A., Inc.
Represented By: Carolin Sahimi
Represented By: David H. Stern
Represented By: Juanita R. Brooks
Represented By: Olga I. May
Represented By: Roger A. Denning
Represented By: Maria R. Durant
Represented By: Tamara Fraizer
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Defendant: Fresenius USA Manufacturing, Inc.
Represented By: Carolin Sahimi
Represented By: David H. Stern
Represented By: Juanita R. Brooks
Represented By: Olga I. May
Represented By: Roger A. Denning
Represented By: Maria R. Durant
Represented By: Tamara Fraizer
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Defendant: Fresenius USA Marketing, Inc.
Represented By: Carolin Sahimi
Represented By: David H. Stern
Represented By: Juanita R. Brooks
Represented By: Olga I. May
Represented By: Roger A. Denning
Represented By: Maria R. Durant
Represented By: Tamara Fraizer
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