Borzilleri, MD v. Shepherd Kaplan Krochuck, LLC
| John R. Borzilleri, MD |
| Shepherd Kaplan Krochuck, LLC |
| 1:2019cv10702 |
| April 12, 2019 |
| US District Court for the District of Massachusetts |
| Patti B Saris |
| Other Statutes: False Claims Act |
| 31 U.S.C. § 3730 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 29, 2019. A more recent docket listing may be available from PACER.
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| Filing 24 Chief Judge Patti B. Saris: ORDER OF ADMINISTRATIVE STAY/CLOSING entered re #1 Complaint filed by John R. Borzilleri, MD, pending resolution of state court case. (Lara, Miguel) |
| Filing 23 Electronic Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: Scheduling Conference held on 5/29/2019....ORDERED: Motion to Stay is ALLOWED. CASE IS HEREBY STAYED PENDING THE RESOLUTION OF THE STATE COURT CASE, Order to issue. (Court Reporter: No Court Reporter Used.) (Molloy, Maryellen) |
| Filing 22 Recommendations for Scheduling Order submitted by SKK on its own behalf. (Attachments: #1 Exhibit E-Mail from Borzilleri)(Browne, Christopher) |
| Filing 21 NOTICE of Scheduling Conference... Scheduling Conference set for 5/29/2019 09:30 AM in Courtroom 19 before Chief Judge Patti B. Saris. (Molloy, Maryellen) |
| Filing 20 ELECTRONIC NOTICE of Case Assignment. Chief Judge Patti B. Saris assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Marianne B. Bowler. (Danieli, Chris) |
| Filing 19 Case transferred in from District of New York Southern; Case Number 1:18-cv-04654. |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of Massachusetts (mro) |
Filing 18
ORDER denying without prejudice #16 Letter Motion to Stay. For the foregoing reasons, Defendant's motion to transfer this case to the District of Massachusetts is GRANTED and Defendant's motion for a stay is DENIED without prejudice to renewal in the appropriate forum. IT IS HEREBY ORDERED THAT this case shall be transferred to the District of Massachusetts. The Clerk of Court is respectfully directed to terminate the motion pending at docket number 16 and to transfer this case to the United States District Court for the District of Massachusetts. (Signed by United States Circuit Judge Richard J. Sullivan, Sitting by Designation on 3/29/2019) (mro) Transmission to Office of the Clerk of Court for processing.
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| Filing 17 RESPONSE to Motion re: Plaintiff's Reply to Defendant's #16 FIRST MOTION for Stay of Proceedings or in the alternative to transfer to the District of Massachusetts Litigation Pursuant to Colorado River Abstention Doctrine.. Document filed by John R. Borzilleri, MD. (kv) |
| Filing 16 FIRST MOTION to Stay Litigation Pursuant to Colorado River Abstention Doctrine. Document filed by Shepherd Kaplan Krochuck, LLC. (Attachments: #1 Exhibit Declaration of Paul Gehrke, #2 Exhibit Borzilleri Press Release, #3 Exhibit Borzilleri State Court Ans and Counterclaims, #4 Exhibit SKK State Court Motions to Dismiss)(Browne, Christopher) |
| Filing 15 LETTER addressed to Judge Richard J. Sullivan from John R. Borzilleri, M.D., dated 7/27/18 re: REPLY TO PRE-MOTION LETTER(MOTION TO STAY OR TRANSFER VENUE). Document filed by John R. Borzilleri, MD.(sc) |
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Filing 14
ORDER: IT IS HEREBY ORDERED that Plaintiff need not respond to Defendant's pre-motion letter. Rather, IT IS FURTHER ORDERED that the parties shall comply with the following briefing schedule: By August 24, 2018: Defendant shall file its contemplated motion and opening brief. By October 5, 2018: Plaintiff shall respond to Defendant's motion. By October 19, 2018: Defendant shall file its reply brief. IT IS FURTHER ORDERED that, in addition to the topics set out in Defendant's premotion letter - Colorado River abstention and transfer pursuant to 28 U.S.C. 1404 - the parties shall also address whether venue is proper in this district at all under 28 U.S.C. 1391 and, if it is not, whether transfer is appropriate under 28 U.S.C. 1406. Plaintiff appears to reside in the Eastern District of New York, Defendant is a Delaware limited liability company with its principal place of business in Massachusetts, and it is unclear from Plaintiff's complaint what, if any, of the "events or omissions giving rise to the claim[s]" in this suit occurred in this judicial district. 28 U.S.C. 1391. SO ORDERED. (Motions due by 8/24/2018, Responses due by 10/5/2018, Replies due by 10/19/2018.) (Signed by Judge Richard J. Sullivan on 7/27/2018) (ne)
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Filing 13
ORDER FOR ADMISSION PRO HAC VICE granting #10 Motion for Christopher D. Browne to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 7/25/2018) (ne)
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Filing 12
ORDER FOR ADMISSION PRO HAC VICE granting #9 Motion for Jonathan D. Persky to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 7/25/2018) (ne)
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| Filing 11 LETTER addressed to Judge Richard J. Sullivan from David C. Kurtz dated July 25, 2018 re: Pre-Motion Letter (Motion to Stay or Transfer Venue). Document filed by Shepherd Kaplan Krochuck, LLC.(Kurtz, David) |
| Filing 10 MOTION for Christopher D. Browne to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15361711. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Shepherd Kaplan Krochuck, LLC. (Attachments: #1 Exhibit A- Declaration of C. Browne in Support of Motion for Admission Pro Hac Vice, #2 Exhibit B - Certificate of Good Standing, #3 Text of Proposed Order)(Browne, Christopher) |
| Filing 9 MOTION for Jonathan D. Persky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15361504. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Shepherd Kaplan Krochuck, LLC. (Attachments: #1 Exhibit A- Declaration of J. Persky in Support of Motion to Appear Pro Hac Vice, #2 Exhibit B- Certificates of Good Standing, #3 Text of Proposed Order Proposed Order)(Persky, Jonathan) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Jonathan D. Persky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15361504. Motion and supporting papers to be reviewed by Clerk's Office staff., #10 MOTION for Christopher D. Browne to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15361711. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
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Filing 8
ORDER granting #7 Letter Motion for Extension of Time to Answer re #1 Complaint. IT IS HEREBY ORDERED that Defendant's deadline to answer or otherwise respond to the Complaint is adjourned until July 26, 2018. Shepherd Kaplan Krochuck, LLC answer due 7/26/2018. (Signed by Judge Richard J. Sullivan on 6/22/2018) (ne)
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| Filing 7 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Richard J. Sullivan from David C. Kurtz dated June 22, 2018. Document filed by Shepherd Kaplan Krochuck, LLC.(Kurtz, David) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Shepherd Kaplan Krochuck, LLC.(Kurtz, David) |
| Filing 5 NOTICE OF APPEARANCE by David Charles Kurtz on behalf of Shepherd Kaplan Krochuck, LLC. (Kurtz, David) |
| Filing 3 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: John R. Borzilleri, MD consents to receive electronic service via the ECF system. Document filed by John R. Borzilleri, MD.(sc) |
| Filing 2 CIVIL COVER SHEET filed. (jgo) |
| Filing 1 COMPLAINT against Shepherd Kaplan Krochuck, LLC. (Filing Fee $ 400.00, Receipt Number 465401210169)Document filed by John R. Borzilleri, MD.(jgo) |
| SUMMONS ISSUED as to Shepherd Kaplan Krochuck, LLC. (jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo). |
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| Defendant: Shepherd Kaplan Krochuck, LLC | |
| Represented By: | Christopher D. Browne |
| Represented By: | David Charles Kurtz |
| Represented By: | Jonathan D. Persky |
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| Plaintiff: John R. Borzilleri, MD | |
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