Grace Del Rosario Aquino et al v. Fresenius USA, Inc. et al
| Andres Aquino, Jr., Graceila Flor Aquino-Vega, Grace Del Rosario Aquino and Andrea Grace Aquino |
| FRESENIUS MEDICAL CARE HOLDINGS, INC., Fresenius USA Marketing, Inc., Does 1-15 inclusive, Fresenius U.S.A., Inc., Fresenius Medical Care North America Inc. and Fresenius USA Manufacturing, Inc. |
| 1:2019cv10636 |
| April 4, 2019 |
| US District Court for the District of Massachusetts |
| Nathaniel M Gorton |
| Douglas P Woodlock |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 Petition for Removal- Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 30 Judge Nathaniel M. Gorton: ORDER entered. FINAL JUDGMENT. (McManus, Caetlin) |
| Filing 29 Judge Nathaniel M. Gorton: ENDORSED ORDER entered re MOTION for Summary Judgment (ECF No. 26 in 1:19-cv-10636-NMG). For the reasons stated in defendant's motion for summary judgment and in its memorandum in support thereof (Docket No. 27) and because plaintiff has filed no opposition thereto, motion ALLOWED. Associated Cases: 1:13-md-02428-NMG, 1:19-cv-10636-NMG (McManus, Caetlin) |
| Filing 28 Statement of Material Facts L.R. 56.1 re #26 MOTION for Summary Judgment filed by FRESENIUS MEDICAL CARE HOLDINGS, INC., Fresenius Medical Care North America Inc., Fresenius U.S.A., Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc.. (Attachments: #1 Exhibit 4, #2 Exhibit 6, #3 Exhibit 7, #4 Exhibit 8)(Durant, Maria) (Additional attachment(s) added on 8/11/2023: #5 Statement of Material Facts *SEALED*, #6 Exhibit 1 *SEALED*, #7 Exhibit 2 *SEALED*, #8 Exhibit 3 *SEALED*, #9 Exhibit 5 *SEALED*, #10 Exhibit 9 *SEALED*) (Kelly, Danielle). |
| Filing 27 MEMORANDUM in Support re #26 MOTION for Summary Judgment filed by FRESENIUS MEDICAL CARE HOLDINGS, INC., Fresenius Medical Care North America Inc., Fresenius U.S.A., Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc.. (Durant, Maria) (Additional attachment(s) added on 8/11/2023: #1 MEMORANDUM in Support *SEALED*) (Kelly, Danielle). |
| Filing 26 MOTION for Summary Judgment by FRESENIUS MEDICAL CARE HOLDINGS, INC., Fresenius Medical Care North America Inc., Fresenius U.S.A., Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc..(Durant, Maria) (Additional attachment(s) added on 8/11/2023: #1 MOTION for Summary Judgment *SEALED*) (Kelly, Danielle). |
| Filing 25 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #23 Motion for Leave to File Document Under Seal. (Lima, Christine) |
| Filing 24 STATUS REPORT by FRESENIUS MEDICAL CARE HOLDINGS, INC., Fresenius Medical Care North America Inc., Fresenius U.S.A., Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc.. (Durant, Maria) |
| Filing 23 MOTION for Leave to File Under Seal by FRESENIUS MEDICAL CARE HOLDINGS, INC., Fresenius Medical Care North America Inc., Fresenius U.S.A., Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc..(Durant, Maria) |
| Filing 22 Electronic Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: Status Conference held on 7/21/2023. A Stipulation of Dismissal was filed on this date (7/21/23) in 15cv12076 (Cox). Court informs the parties that it is inclined to adopt Judge Woodlock's draft orders and enter accordingly, unless the parties can resolve the matters themselves within 30 days. Court inquires as to the updates of the statuses of the remaining 16 cases in this MDL: Attorney Dowdy (who represents Plaintiffs in 11 of the pending cases) informs the Court that there has been no activity since the 4 Summary Judgment motions were briefed. An offer of settlement was submitted. Attorney Bennett informs the Court that those 4 Summary Judgment motions were argued on 11/21/17. Court will give the parties until 8/17/23 to submit a joint status report; otherwise the Court will resolve them itself. Re: 15cv11134 (Riben), Summary Judgment is fully briefed and argued in November, 2017. Counsel requesting that the Court go forward and dismiss it for lack of prosecution. Attorney Carey directed to file whatever motion he deems appropriate within one week. There is no opposition by Defendant. Pro Se party Gallardo (18cv11224, Hernandez) has not received anything in this case other than the notice of this hearing. Attorney Bennett informs the Court that Summary Judgment is fully briefed and ready for ruling. Parties directed to submit a joint Status Report by 8/17/2023 regarding any progress that can be made. If not, the Court will decide the case on the merits. Re: Aquino (19cv10636), the parties are discussing a possible resolution. Defendant informs the Court that this case was transferred to the MDL in 2019, which is why Summary Judgment motions have not been filed. Parties to submit a joint status report by 8/11/23 to inform the Court whether the case will be resolved or a dispositive motion will be filed. If not resolved, dispositive motion due by 8/11/23, opposition by 9/1/23. Re: the State of Louisiana and Blue Cross Blue Shield (16cv11035), a Motion to Remand, or in the Alternative, to Sever, has been fully briefed. Parties to file a joint status report by 8/17/23 to inform the Court whether the matter will be resolved. If not, the Court will issue a Memorandum and Order. Re: MSP Recovery (18cv12231), a Motion to Dismiss has been fully briefed since 6/5/19. Parties to file a joint status report by 8/17/23 to inform the Court if the matter will be resolved. If not resolved, Plaintiff to file supplemental motion by 7/31/23, opposition due by 8/14/23. (Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: In Person: Tarricone, Dowdy, Bennett, Heinsz, Durant, Castle, Rich; by zoom: Carey, Gallardo (Pro Se), Stevens, Monteclaro, Block, Hawthorne, Scalia, Benedetto, Mintzer, Ferraro, Portal) Associated Cases: 1:13-md-02428-NMG et al.(Lima, Christine) Modified on 7/24/2023 (Lima, Christine). |
| Filing 21 NOTICE - Counsel who plan to attend the Status Conference set for 7/21/23 at 2:30PM, and have not yet done so, are reminded to inform the clerk (by email - Christine_Lima@mad.uscourts.gov) by close of business today, 7/19/23) whether then intend to appear by zoom or in person. Associated Cases: 1:13-md-02428-NMG et al.(Lima, Christine) |
| Filing 20 NOTICE of Hearing.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Status Conference set for 7/21/2023 02:30 PM in Courtroom 4 (In person with remote access provided) before Judge Nathaniel M. Gorton. Associated Cases: 1:13-md-02428-NMG et al.(Lima, Christine) |
| Filing 19 ELECTRONIC NOTICE of Reassignment. Judge Nathaniel M. Gorton added. Judge Douglas P. Woodlock no longer assigned to case. (Danieli, Chris) |
Filing 18
Order Reassigning Litigation. Associated Cases: 1:13-md-02428-DPW et al.(Danieli, Chris)
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| Filing 17 COMPLAINT Plaintiff's Fact Sheet against All Defendants (Fee Status: Paid in a member case) Short form complaint is filed as related to MDL: 2768 and the member case number is 1:19-cv-10636, filed by Grace Del Rosario Aquino.(Monteclaro, Jaime) |
| Filing 16 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) |
| Filing 15 Judge Douglas P. Woodlock: MDL PROCEDURAL AND CASE MANAGEMENT ORDERS NO. 1-16 entered. (Attachments: #1 Case Management Orders 1-16)(Jones, Sherry) |
| Filing 14 NOTICE TO ALL COUNSEL: Pursuant to CTO MDL No. 2428 has been transferred from Central District of California and assigned civil action number: 19-10636. Central District of California case number: 18-9987. In Re: Fresenius/Granuflo Naturalyte Dialysate Products Liability Litigation, MDL 2428 (Jones, Sherry) |
| Filing 13 ELECTRONIC NOTICE of Case Assignment. Judge Douglas P. Woodlock assigned to case. (Jones, Sherry) |
| Filing 12 Case transferred in from District of California Central; Case Number 2:18-cv-09987. |
| Filing 11 Transfer Order from the United States Judicial Panel on Multidistrict Litigation, MDL 2428, transferring case to USDC, District of Massachusetts and assigned to Honorable Douglas P. Woodluck. Case transferred electronically. (MD JS-6. Case Terminated.) (iv) |
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Filing 10
GRANTING JOINT STIPULATION TO STAY PROCEEDINGS PENDING RESOLUTION OF THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION'S CONDITIONAL TRANSFER ORDER #9 by Judge Michael W. Fitzgerald. The Parties Joint Stipulation for an Order Staying Proceedings is granted. (iv)
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| Filing 9 Joint STIPULATION to Stay Case pending Resolution of the Judicial Panel on Multidistrict Litigation's Conditional Transfer Order filed by Defendants Fresenius Medical Care Holdings, Inc., Fresenius Medical Care North America, Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc., Fresenius USA, Inc.. (Attachments: #1 Proposed Order Granting Joint Stipulation to Stay Proceedings Pending Resolution of the Judicial Panel on Multidistrict Litigation's Conditional Transfer Order)(Spjute, Alex) |
| Filing 8 STIPULATION Extending Time to Answer the complaint as to Fresenius Medical Care Holdings, Inc. answer now due 1/5/2019; Fresenius Medical Care North America, Inc. answer now due 1/5/2019; Fresenius USA Marketing, Inc. answer now due 1/5/2019; Fresenius USA, Inc. answer now due 1/5/2019; Fresenius USA Manufacturing, Inc. answer now due 1/5/2019, re Complaint - (Discovery), filed by Defendants Fresenius Medical Care Holdings, Inc.; Fresenius Medical Care North America, Inc.; Fresenius USA Marketing, Inc.; Fresenius USA, Inc.; Fresenius USA Manufacturing, Inc..(Spjute, Alex) |
| Filing 7 CERTIFICATE OF SERVICE filed by Defendants Fresenius Medical Care Holdings, Inc., Fresenius Medical Care North America, Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc., Fresenius USA, Inc., re Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties, #3 , Notice of Removal (Attorney Civil Case Opening),,, #1 , Notice of Lodging, #4 Exhibits C & D to Notice of Removal served on 11/30/2018. (Stern, David) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Karen L. Stevenson. (et) |
| NOTICE SUBSTITUTION OF ATTORNEY (Without Court Order)filed by Plaintiffs Andrea Grace Aquino, Andres Aquino, Jr, Grace Del Rosario Aquino, Graceila Flor Aquino-Vega. [FILED IN STATE COURT ON 8/27/2018 SUBMITTED ATTACHED TO NOTICE OF LODGING] (et) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Fresenius Medical Care Holdings, Inc., Fresenius Medical Care North America, Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc., Fresenius USA, Inc., Does 1-15 inclusive. Jury Demanded., filed by Plaintiffs Andrea Grace Aquino, Andres Aquino, Jr, Graceila Flor Aquino-Vega, Grace Del Rosario Aquino. [FILED IN STATE COURT ON 2/22/2017 SUBMITTED ATTACHED TO EXHIBIT B TO NOTICE OF REMOVAL AS ATTACHMENT NO. 2 #1 . (et) |
| Filing 4 NOTICE OF LODGING filed Attaching Notice of Removal Exhibits C & D re Notice of Removal (Attorney Civil Case Opening),,, #1 (Attachments: #1 Exhibit Exh C-Filed Process Pleadings & Order, #2 Exhibit Exh D-State Court Notice to Clerk of Removal to USDC)(Stern, David) |
| Filing 3 NOTICE of Interested Parties filed by Defendants Fresenius Medical Care Holdings, Inc. d/b/a Fresenius Medical Care North America, Fresenius Medical Care North America, Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc., Fresenius USA, Inc., (Stern, David) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Fresenius Medical Care Holdings, Inc. d/b/a Fresenius Medical Care North America, Fresenius Medical Care North America, Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc.. (Stern, David) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number BC651324 Receipt No: 0973-22816720 - Fee: $400, filed by Defendants Fresenius Medical Care Holdings, Inc. d/b/a Fresenius Medical Care North America, Fresenius Medical Care North America, Inc., Fresenius USA Marketing, Inc., Fresenius USA, Inc., Fresenius USA Manufacturing, Inc.. (Attachments: #1 Exhibit A-Filed Summons on Defendants, #2 Exhibit B-Filed Complaint LASC BC651324) (Attorney David H Stern added to party Fresenius Medical Care Holdings, Inc. d/b/a Fresenius Medical Care North America(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 Manufacturing, Inc.(pty:dft), Attorney David H Stern added to party Fresenius USA Marketing, Inc.(pty:dft), Attorney David H Stern added to party Fresenius USA, Inc.(pty:dft))(Stern, David) |
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