MSP RECOVERY CLAIMS, SERIES LLC et al v. FRESENIUS MEDICAL CARE HOLDINGS, INC. et al
Plaintiff: MSP Recovery Claims, Series LLC, SERIES PMPI and MSPA CLAIMS I, LLC
Defendant: Fresenius USA Marketing, Inc., Fresenius U.S.A., Inc., Fresenius Medical Care Holdings, Inc, Fresenius USA Manufacturing, Inc. and Fresenius USA Sales, Inc.
Case Number: 1:2018cv12231
Filed: October 25, 2018
Court: US District Court for the District of Massachusetts
Presiding Judge: Douglas P Woodlock
Nature of Suit: Contract: Recovery Medicare
Cause of Action: 28:1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 20, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 20, 2018 Filing 17 Clerk's Notes for Status Conference held before Judge Douglas P. Woodlock: 1) 18cv11224 Plaintiff Rebecca Gallardo, Attorneys Bill Woolsey and Griesenbeck participating by phone. To date, plaintiff(s) have not retained counsel. Defendants counsel will file a motion to sever the medical malpractice claims no later than 1/10/2019. Fresenius defendants to file motion for summary judgment no later than 1/24/2019. Further status conference scheduled for 2/7/2019 at 11:00 a.m. Participants may phone in for the conference. 2) 18cv12231 Plaintiffs counsel not present in person or on phone. Court will issue an Order to Show Cause why the case should not be dismissed for failure to prosecute. Hearing on Order to Show Cause scheduled for 2/7/2019 at 11:00 a.m. Defendants to file motion to dismiss no later than 1/10/2019. Hearing on Defendants Motion to Dismiss scheduled for 2/26/2019 at 3:30 p.m. Motions pro hac vice #6 and #16 GRANTED. 3) RE: Michael Hugo cases 15cv12848, 15cv12847,15cv12849- Attorney Barton participates by phone. Counsel has been in contact with these plaintiffs and continue to work toward a resolution. 4) Counsel updates the Court on the statuses of cases in other jurisdictions. (Court Reporter: Kathleen Silva at kathysilva@verizon.net.)(Attorneys present: Gotz, Helinski, Bennett, Durant, Castle ON PHONE: Woolsey, Barton, Griesenbeck, Gallardo (pro se)) (Beatty, Barbara)
December 10, 2018 Filing 16 MOTION for Leave to Appear Pro Hac Vice for admission of James F. Bennett, Megan S. Heinsz, and Jeffrey M. Anderson Filing fee: $ 300, receipt number 0101-7446201 by Fresenius Medical Care Holdings, Inc, Fresenius U.S.A., Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc.. (Attachments: #1 Exhibit Exhibit A - Affidavit of James F. Bennett, #2 Exhibit Exhibit B - Affidavit of Megan S. Heinsz, #3 Exhibit Exhibit C - Affidavit of Jeffrey M. Anderson)(Durant, Maria)
November 27, 2018 Filing 15 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)
November 27, 2018 Filing 14 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)
November 26, 2018 Filing 13 NOTICE OF STATUS CONFERENCE: Status Conference is SCHEDULED for 12/20/2018 at 10:15 a.m. in Courtroom 1 before Judge Douglas P. Woodlock. Out of state parties and attorneys will be allowed to participate by phone by making the appropriate arrangements with the Clerk by calling 617-748-9170 no later than 12/17/2018.(Beatty, Barbara)
October 26, 2018 Filing 12 NOTICE by Fresenius Medical Care Holdings, Inc, Fresenius U.S.A., Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc., Fresenius USA Sales, Inc. re #1 Notice of Removal, (FMCNAS NOTICE OF SUPPLEMENTATION OF EXHIBIT A TO NOTICE OF REMOVAL) (Attachments: #1 Exhibit A-1)(Hodge, Leigh Anne)
October 25, 2018 Filing 11 NOTICE TO ALL COUNSEL: Pursuant to CTO Number: 108, MDL No. 2428 has been transferred from Southern District of Florida and assigned civil action number: 1:18-cv-12231. Southern District of Florida case number: 1:18-cv-24247. In Re: Fresenius/Granuflo Naturalyte Dialysate Products Liability Litigation, MDL 2428 (Danieli, Chris)
October 25, 2018 Filing 10 ELECTRONIC NOTICE of Case Assignment. Judge Douglas P. Woodlock assigned to case. (Danieli, Chris)
October 25, 2018 Filing 9 Case transferred in from District of Florida Southern; Case Number 1:18-cv-24247.
October 25, 2018 Filing 8 CONDITIONAL TRANSFER ORDER (CTO-108) transferring case to the District of Massachusetts re: MDL 2428 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Douglas P. Woodlock. (Signed by Jeffery N. Luthi, Clerk of the Panel). (mc)
October 19, 2018 Filing 7 In the Notice of Removal [ECF No. 1], Defendants indicate that this case is related to Multidistrict Litigation 13-md-2488, pending in the United States District Court for the District of Massachusetts. Accordingly, this case is STAYED pending a transfer decision by the Judicial Panel on Multidistrict Litigation. Furthermore, the case shall be ADMINISTRATIVELY CLOSED, for statistical purposes only, without prejudice to the substantive rights of any of the parties. Any party may move to reopen this case at the appropriate time. Signed by Judge Darrin P. Gayles (hs01)
October 18, 2018 Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Leigh Anne Hodge. Filing Fee $ 75.00 Receipt # 113C-11086624 by FRESENIUS MEDICAL CARE HOLDINGS, INC., FRESENIUS USA MANUFACTURING, INC., FRESENIUS USA MARKETING, INC., FRESENIUS USA SALES, INC., FRESENIUS USA, INC.. Responses due by 11/1/2018 (Attachments: #1 Text of Proposed Order A)(Evans, Diana)
October 17, 2018 Filing 5 Corporate Disclosure Statement by FRESENIUS MEDICAL CARE HOLDINGS, INC., FRESENIUS USA MANUFACTURING, INC., FRESENIUS USA MARKETING, INC., FRESENIUS USA SALES, INC., FRESENIUS USA, INC. (Evans, Diana)
October 17, 2018 Filing 4 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles on 10/17/2018. (isc)
October 17, 2018 Filing 3 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (jua)
October 16, 2018 Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jua)
October 16, 2018 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint for Pure Bill of Discovery) Filing fee $ 400.00 receipt number 113C-11079124, filed by FRESENIUS MEDICAL CARE HOLDINGS, INC. d/b/a Fresenius Medical Care North America, a New York for-profit corporation. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A-State Court Complaint, #3 Exhibit B-Notice of Filing Notice of Removal)(Evans, Diana)

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Search for this case: MSP RECOVERY CLAIMS, SERIES LLC et al v. FRESENIUS MEDICAL CARE HOLDINGS, INC. et al
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Defendant: Fresenius USA Marketing, Inc.
Represented By: Diana Nicole Evans
Represented By: Leigh Anne Hodge
Represented By: Maria R. Durant
Represented By: James F. Bennett
Represented By: Jeffrey M Anderson
Represented By: William H. Kettlewell
Represented By: Megan S. Heinsz
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Defendant: Fresenius U.S.A., Inc.
Represented By: Diana Nicole Evans
Represented By: Leigh Anne Hodge
Represented By: Maria R. Durant
Represented By: James F. Bennett
Represented By: Jeffrey M Anderson
Represented By: William H. Kettlewell
Represented By: Megan S. Heinsz
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Defendant: Fresenius Medical Care Holdings, Inc
Represented By: Diana Nicole Evans
Represented By: Leigh Anne Hodge
Represented By: Maria R. Durant
Represented By: James F. Bennett
Represented By: Jeffrey M Anderson
Represented By: William H. Kettlewell
Represented By: Megan S. Heinsz
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Defendant: Fresenius USA Manufacturing, Inc.
Represented By: Diana Nicole Evans
Represented By: Leigh Anne Hodge
Represented By: Maria R. Durant
Represented By: James F. Bennett
Represented By: Jeffrey M Anderson
Represented By: William H. Kettlewell
Represented By: Megan S. Heinsz
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Defendant: Fresenius USA Sales, Inc.
Represented By: Diana Nicole Evans
Represented By: Leigh Anne Hodge
Represented By: James F. Bennett
Represented By: Jeffrey M Anderson
Represented By: Megan S. Heinsz
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Plaintiff: MSP Recovery Claims, Series LLC
Represented By: John Hasan Ruiz
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Plaintiff: SERIES PMPI
Represented By: John Hasan Ruiz
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Plaintiff: MSPA CLAIMS I, LLC
Represented By: John Hasan Ruiz
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