Akebia Therapeutics, Inc. v. Azar et al
Plaintiff: Akebia Therapeutics, Inc.
Defendant: Seema Verma, United States Department of Health and Human Services, Alex M. Azar, II and Centers for Medicare & Medicaid Services
Amicus Curiae: Massachusetts Biotechnology Council, Medicare Advocacy Project and Center for Medicare Advocacy, Inc.
Case Number: 1:2019cv12132
Filed: October 15, 2019
Court: US District Court for the District of Massachusetts
Presiding Judge: Allison D Burroughs
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. ยง 702
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 9, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 13, 2019 Filing 58 ELECTRONIC NOTICE Setting Hearing on Motion #15 MOTION for Preliminary Injunction MOTION for Summary Judgment : Motion Hearing set for 12/19/2019 10:30 AM in Courtroom 17 before Judge Allison D. Burroughs. (Folan, Karen)
December 10, 2019 Filing 57 REPLY to Response to #15 MOTION for Preliminary Injunction MOTION for Summary Judgment filed by Akebia Therapeutics, Inc.. (Silver, Lindsey)
December 10, 2019 Filing 56 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #52 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen)
December 9, 2019 Filing 55 DECLARATION re #15 MOTION for Preliminary Injunction MOTION for Summary Judgment of John Butler by Akebia Therapeutics, Inc.. (Silver, Lindsey)
December 9, 2019 Filing 54 DECLARATION re #15 MOTION for Preliminary Injunction MOTION for Summary Judgment of Glenn Chertow by Akebia Therapeutics, Inc.. (Silver, Lindsey)
December 9, 2019 Filing 53 DECLARATION re #15 MOTION for Preliminary Injunction MOTION for Summary Judgment of Lindsey Silver by Akebia Therapeutics, Inc.. (Attachments: #1 Exhibit A)(Silver, Lindsey)
December 9, 2019 Filing 52 Assented to MOTION for Leave to File Reply Memorandum In Support of Motion For Preliminary Injunction and Notice Regarding Oral Argument by Akebia Therapeutics, Inc.. (Attachments: #1 Proposed Reply Memorandum In Support Of Motion For Preliminary Injunction)(Silver, Lindsey)
December 4, 2019 Filing 51 AMICUS BRIEF filed by Center for Medicare Advocacy, Inc. in support of Plaintiff Akebia Therapeutics, Inc. (Bers, Alice)
December 4, 2019 Filing 50 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #45 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen)
December 3, 2019 Filing 49 DECLARATION of Alexander R. White in Support of Defendants' Motion to Dismiss and Opposition to Plaintiff's Motion for a Preliminary Injunction by Alex M. Azar, II, Centers for Medicare & Medicaid Services, United States Department of Health and Human Services, Seema Verma. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 J)(Brizius, Erin)
December 3, 2019 Filing 48 Opposition re #15 MOTION for Preliminary Injunction MOTION for Summary Judgment filed by Alex M. Azar, II, Centers for Medicare & Medicaid Services, United States Department of Health and Human Services, Seema Verma. (Brizius, Erin)
December 3, 2019 Filing 47 MEMORANDUM in Support re #46 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Alex M. Azar, II, Centers for Medicare & Medicaid Services, United States Department of Health and Human Services, Seema Verma. (Brizius, Erin)
December 3, 2019 Filing 46 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by Alex M. Azar, II, Centers for Medicare & Medicaid Services, United States Department of Health and Human Services, Seema Verma.(Brizius, Erin)
December 2, 2019 Filing 45 MOTION for Leave to File Amicus Brief in Support of Plaintiff Akebia Therapeutics by Center for Medicare Advocacy, Inc.. (Attachments: #1 Proposed Amicus Brief)(Bers, Alice)
December 2, 2019 Filing 44 NOTICE of Appearance by Alice Bers on behalf of Center for Medicare Advocacy, Inc. (Bers, Alice)
November 25, 2019 Filing 43 AMICUS BRIEF filed by Medicare Advocacy Project in support of Plaintiff. (Lorenz, Nancy)
November 21, 2019 Filing 42 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The government's motion [ECF No. #29 ] to extend time to file an opposition to Akebia's motion for a preliminary injunction [ECF No. #15 ] is GRANTED. The government shall respond to Akebia's motion and file its motion to dismiss on or before December 3, 2019. Further proceedings on Akebia's motion for summary judgment [ECF No. #15 ] are stayed until after the Court has ruled on Akebia's motion for a preliminary injunction and the government's forthcoming motion to dismiss. (McDonagh, Christina)
November 20, 2019 Filing 41 NOTICE of Appearance by Donna M McCormick on behalf of Medicare Advocacy Project (McCormick, Donna)
November 18, 2019 Filing 40 Notice of Appearance of Radhika Bhattacharya by Medicare Advocacy Project.(Bhattacharya, Radhika) Modified on 11/19/2019 to correct filing event error(McDonagh, Christina).
November 18, 2019 Filing 39 AMICUS BRIEF filed by Massachusetts Biotechnology Council in Support of Plaintiff Akebia Therapeutics, Inc.. (Hallward-Driemeier, Douglas)
November 18, 2019 Filing 38 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #37 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen)
November 18, 2019 Filing 37 MOTION for Leave to File Amicus Brief in Support of Plaintiff by Medicare Advocacy Project. (Attachments: #1 Amicus Brief in Support of Plaintiff)(Lorenz, Nancy)
November 18, 2019 Filing 36 NOTICE of Appearance by Nancy J. Lorenz on behalf of Medicare Advocacy Project (Lorenz, Nancy)
November 18, 2019 Filing 35 NOTICE of Appearance by Nancy J. Lorenz on behalf of Medicare Advocacy Project (Lorenz, Nancy)
November 18, 2019 Filing 34 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #32 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen)
November 14, 2019 Filing 33 Opposition re #32 MOTION for Leave to File Amicus Brief in Support of Plaintiff Akebia Therapeutics filed by Alex M. Azar, II, Centers for Medicare & Medicaid Services, United States Department of Health and Human Services, Seema Verma. (Brizius, Erin)
November 13, 2019 Filing 32 MOTION for Leave to File Amicus Brief in Support of Plaintiff Akebia Therapeutics by Massachusetts Biotechnology Council. (Attachments: #1 [Proposed] Amicus Brief, #2 Text of Proposed Order)(Hallward-Driemeier, Douglas)
November 13, 2019 Filing 31 NOTICE of Appearance by Douglas Hallward-Driemeier on behalf of Massachusetts Biotechnology Council (Hallward-Driemeier, Douglas)
November 8, 2019 Filing 30 Opposition re #29 MOTION for Extension of Time to December 3, 2019 filed by Akebia Therapeutics, Inc.. (Silver, Lindsey)
November 7, 2019 Filing 29 MOTION for Extension of Time to December 3, 2019 by Alex M. Azar, II, Centers for Medicare & Medicaid Services, United States Department of Health and Human Services, Seema Verma.(Brizius, Erin)
November 5, 2019 Filing 28 NOTICE of Appearance by Erin E. Brizius on behalf of Alex M. Azar, II, Centers for Medicare & Medicaid Services, United States Department of Health and Human Services, Seema Verma (Brizius, Erin)
November 5, 2019 Filing 27 NOTICE of Appearance by Gregg D. Shapiro on behalf of Alex M. Azar, II, Centers for Medicare & Medicaid Services, United States Department of Health and Human Services, Seema Verma (Shapiro, Gregg)
November 1, 2019 Filing 26 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #23 Motion to Seal Document (Folan, Karen)
October 29, 2019 Filing 25 DECLARATION re #15 MOTION for Preliminary Injunction MOTION for Summary Judgment Brian Boynton by Akebia Therapeutics, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V)(Boynton, Brian)
October 29, 2019 Filing 24 DECLARATION re #15 MOTION for Preliminary Injunction MOTION for Summary Judgment Michael Rabinowitz by Akebia Therapeutics, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Silver, Lindsey)
October 29, 2019 Filing 23 MOTION to Seal Document #18 Declaration of John Butler by Akebia Therapeutics, Inc..(Silver, Lindsey)
October 29, 2019 Filing 22 DECLARATION re #15 MOTION for Preliminary Injunction MOTION for Summary Judgment LaVarne Burton by Akebia Therapeutics, Inc.. (Silver, Lindsey)
October 29, 2019 Filing 21 DECLARATION re #15 MOTION for Preliminary Injunction MOTION for Summary Judgment Kerry Willis by Akebia Therapeutics, Inc.. (Attachments: #1 Exhibit 1)(Silver, Lindsey)
October 29, 2019 Filing 20 DECLARATION re #15 MOTION for Preliminary Injunction MOTION for Summary Judgment Hrant Jamgochian by Akebia Therapeutics, Inc.. (Attachments: #1 Exhibit 1)(Silver, Lindsey)
October 29, 2019 Filing 19 DECLARATION re #15 MOTION for Preliminary Injunction MOTION for Summary Judgment Glenn Chertow by Akebia Therapeutics, Inc.. (Attachments: #1 Exhibit 1)(Silver, Lindsey)
October 29, 2019 Filing 18 DECLARATION re #15 MOTION for Preliminary Injunction MOTION for Summary Judgment by Akebia Therapeutics, Inc.. (Attachments: #1 Exhibit 1)(Silver, Lindsey) (Additional attachment(s) added on 11/1/2019: #2 Unredacted Declaration and Exhibit 1) (McDonagh, Christina).
October 29, 2019 Filing 17 STATEMENT of facts re #15 MOTION for Preliminary Injunction MOTION for Summary Judgment . (Silver, Lindsey)
October 29, 2019 Filing 16 MEMORANDUM in Support re #15 MOTION for Preliminary Injunction MOTION for Summary Judgment filed by Akebia Therapeutics, Inc.. (Silver, Lindsey)
October 29, 2019 Filing 15 MOTION for Preliminary Injunction ( Responses due by 11/12/2019), MOTION for Summary Judgment ( Responses due by 11/19/2019) by Akebia Therapeutics, Inc..(Silver, Lindsey)
October 22, 2019 Filing 14 SUMMONS Returned Executed as to US Attorney by Akebia Therapeutics, Inc.. Alex M. Azar, II served on 10/18/2019, answer due 12/17/2019; Centers for Medicare & Medicaid Services served on 10/18/2019, answer due 12/17/2019; United States Department of Health and Human Services served on 10/18/2019, answer due 12/17/2019; Seema Verma served on 10/18/2019, answer due 12/17/2019. (Silver, Lindsey)
October 22, 2019 Filing 13 SUMMONS Returned Executed by Akebia Therapeutics, Inc.. (Silver, Lindsey)
October 22, 2019 Filing 12 SUMMONS Returned Executed by Akebia Therapeutics, Inc.. (Silver, Lindsey)
October 22, 2019 Filing 11 SUMMONS Returned Executed by Akebia Therapeutics, Inc.. (Silver, Lindsey)
October 22, 2019 Filing 10 SUMMONS Returned Executed by Akebia Therapeutics, Inc.. (Silver, Lindsey)
October 22, 2019 Filing 9 SUMMONS Returned Executed by Akebia Therapeutics, Inc.. (Silver, Lindsey)
October 16, 2019 Filing 8 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #4 Motion for Leave to Appear Pro Hac Vice Added Nicole R. Hadas. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina)
October 16, 2019 Filing 7 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #3 Motion for Leave to Appear Pro Hac Vice Added Bruce S. Manheim, Brian M. Boynton, and Leon T. Kenworthy. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina)
October 16, 2019 Filing 6 Summons Issued as to Alex M. Azar, II, Centers for Medicare & Medicaid Services, United States Department of Health and Human Services, Seema Verma. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Jones, Sherry)
October 16, 2019 Filing 5 ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs 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 Jennifer C. Boal. (Finn, Mary)
October 15, 2019 Filing 4 MOTION for Leave to Appear Pro Hac Vice for admission of Nicole R. Hadas Filing fee: $ 100, receipt number 0101-7924332 by Akebia Therapeutics, Inc.. (Attachments: #1 Certification of Nicole R. Hadas in Support of Motion for Pro Hac Vice Admission)(Silver, Lindsey)
October 15, 2019 Filing 3 MOTION for Leave to Appear Pro Hac Vice for admission of Bruce S. Manheim, Brian M. Boynton, and Leon T. Kenworthy Filing fee: $ 300, receipt number 0101-7924095 by Akebia Therapeutics, Inc.. (Attachments: #1 Certification of Bruce S. Manheim, #2 Certification of Brian M. Boynton, #3 Certification of Leon T. Kenworthy)(Silver, Lindsey)
October 15, 2019 Filing 2 CORPORATE DISCLOSURE STATEMENT by Akebia Therapeutics, Inc. identifying Corporate Parent No Corporate Parent for Akebia Therapeutics, Inc... (Silver, Lindsey)
October 15, 2019 Filing 1 COMPLAINT for Declaratory and Injunctive Relief, against Seema Verma, United States Department of Health and Human Services, Alex M. Azar, II, Centers for Medicare & Medicaid Services Filing fee: $ 400, receipt number 0101-7924010 (Fee Status: Filing Fee paid), filed by Akebia Therapeutics, Inc.. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet, #3 Category Form)(Silver, Lindsey)

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Defendant: Seema Verma
Represented By: Erin E. Brizius
Represented By: Gregg D. Shapiro
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Defendant: United States Department of Health and Human Services
Represented By: Erin E. Brizius
Represented By: Gregg D. Shapiro
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Defendant: Alex M. Azar, II
Represented By: Erin E. Brizius
Represented By: Gregg D. Shapiro
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Defendant: Centers for Medicare & Medicaid Services
Represented By: Erin E. Brizius
Represented By: Gregg D. Shapiro
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Plaintiff: Akebia Therapeutics, Inc.
Represented By: Lindsey B. Silver
Represented By: Bruce S Manheim
Represented By: Brian M Boynton
Represented By: Nicole R Hadas
Represented By: Leon T. Kenworthy
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Amicus curiae: Massachusetts Biotechnology Council
Represented By: Douglas Hallward-Driemeier
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Amicus curiae: Medicare Advocacy Project
Represented By: Nancy J. Lorenz
Represented By: Radhika Bhattacharya
Represented By: Donna M McCormick
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Amicus curiae: Center for Medicare Advocacy, Inc.
Represented By: Alice Bers
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