Borzilleri, MD v. Shepherd Kaplan Krochuck, LLC
Plaintiff: John R. Borzilleri, MD
Defendant: Shepherd Kaplan Krochuck, LLC
Case Number: 1:2019cv10702
Filed: April 12, 2019
Court: US District Court for the District of Massachusetts
Presiding Judge: Patti B Saris
Nature of Suit: Other Statutes: False Claims Act
Cause of Action: 31:3730
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 29, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 29, 2019 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)
May 29, 2019 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)
May 22, 2019 Filing 22 Recommendations for Scheduling Order submitted by SKK on its own behalf. (Attachments: #1 Exhibit E-Mail from Borzilleri)(Browne, Christopher)
May 3, 2019 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)
April 12, 2019 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)
April 12, 2019 Filing 19 Case transferred in from District of New York Southern; Case Number 1:18-cv-04654.
March 29, 2019 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)
March 29, 2019 Opinion or Order 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.
September 25, 2018 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)
August 24, 2018 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)
July 30, 2018 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)
July 30, 2018 Opinion or Order 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)
July 25, 2018 Opinion or Order 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)
July 25, 2018 Opinion or Order 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)
July 25, 2018 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)
July 24, 2018 >>>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)
July 24, 2018 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)
July 24, 2018 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)
June 23, 2018 Opinion or Order 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)
June 22, 2018 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)
June 22, 2018 Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Shepherd Kaplan Krochuck, LLC.(Kurtz, David)
June 22, 2018 Filing 5 NOTICE OF APPEARANCE by David Charles Kurtz on behalf of Shepherd Kaplan Krochuck, LLC. (Kurtz, David)
May 25, 2018 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)
May 25, 2018 Case Designated ECF. (jgo)
May 25, 2018 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).
May 25, 2018 SUMMONS ISSUED as to Shepherd Kaplan Krochuck, LLC. (jgo)
May 25, 2018 Filing 2 CIVIL COVER SHEET filed. (jgo)
May 25, 2018 Filing 1 COMPLAINT against Shepherd Kaplan Krochuck, LLC. (Filing Fee $ 400.00, Receipt Number 465401210169)Document filed by John R. Borzilleri, MD.(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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