Akebia Therapeutics, Inc. v. Azar et al
| Akebia Therapeutics, Inc. |
| Seema Verma, United States Department of Health and Human Services, Alex M. Azar, II and Centers for Medicare & Medicaid Services |
| Massachusetts Biotechnology Council, Medicare Advocacy Project and Center for Medicare Advocacy, Inc. |
| 1:2019cv12132 |
| October 15, 2019 |
| US District Court for the District of Massachusetts |
| Allison D Burroughs |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 |
| None |
Docket Report
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| Document Text |
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| 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) |
| Filing 57 REPLY to Response to #15 MOTION for Preliminary Injunction MOTION for Summary Judgment filed by Akebia Therapeutics, Inc.. (Silver, Lindsey) |
| 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) |
| Filing 55 DECLARATION re #15 MOTION for Preliminary Injunction MOTION for Summary Judgment of John Butler by Akebia Therapeutics, Inc.. (Silver, Lindsey) |
| Filing 54 DECLARATION re #15 MOTION for Preliminary Injunction MOTION for Summary Judgment of Glenn Chertow by Akebia Therapeutics, Inc.. (Silver, Lindsey) |
| 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) |
| 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) |
| Filing 51 AMICUS BRIEF filed by Center for Medicare Advocacy, Inc. in support of Plaintiff Akebia Therapeutics, Inc. (Bers, Alice) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 44 NOTICE of Appearance by Alice Bers on behalf of Center for Medicare Advocacy, Inc. (Bers, Alice) |
| Filing 43 AMICUS BRIEF filed by Medicare Advocacy Project in support of Plaintiff. (Lorenz, Nancy) |
| 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) |
| Filing 41 NOTICE of Appearance by Donna M McCormick on behalf of Medicare Advocacy Project (McCormick, Donna) |
| 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). |
| Filing 39 AMICUS BRIEF filed by Massachusetts Biotechnology Council in Support of Plaintiff Akebia Therapeutics, Inc.. (Hallward-Driemeier, Douglas) |
| 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) |
| 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) |
| Filing 36 NOTICE of Appearance by Nancy J. Lorenz on behalf of Medicare Advocacy Project (Lorenz, Nancy) |
| Filing 35 NOTICE of Appearance by Nancy J. Lorenz on behalf of Medicare Advocacy Project (Lorenz, Nancy) |
| 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) |
| 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) |
| 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) |
| Filing 31 NOTICE of Appearance by Douglas Hallward-Driemeier on behalf of Massachusetts Biotechnology Council (Hallward-Driemeier, Douglas) |
| Filing 30 Opposition re #29 MOTION for Extension of Time to December 3, 2019 filed by Akebia Therapeutics, Inc.. (Silver, Lindsey) |
| 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) |
| 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) |
| 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) |
| Filing 26 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #23 Motion to Seal Document (Folan, Karen) |
| 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) |
| 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) |
| Filing 23 MOTION to Seal Document #18 Declaration of John Butler by Akebia Therapeutics, Inc..(Silver, Lindsey) |
| Filing 22 DECLARATION re #15 MOTION for Preliminary Injunction MOTION for Summary Judgment LaVarne Burton by Akebia Therapeutics, Inc.. (Silver, Lindsey) |
| 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) |
| 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) |
| 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) |
| 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). |
| Filing 17 STATEMENT of facts re #15 MOTION for Preliminary Injunction MOTION for Summary Judgment . (Silver, Lindsey) |
| Filing 16 MEMORANDUM in Support re #15 MOTION for Preliminary Injunction MOTION for Summary Judgment filed by Akebia Therapeutics, Inc.. (Silver, Lindsey) |
| 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) |
| 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) |
| Filing 13 SUMMONS Returned Executed by Akebia Therapeutics, Inc.. (Silver, Lindsey) |
| Filing 12 SUMMONS Returned Executed by Akebia Therapeutics, Inc.. (Silver, Lindsey) |
| Filing 11 SUMMONS Returned Executed by Akebia Therapeutics, Inc.. (Silver, Lindsey) |
| Filing 10 SUMMONS Returned Executed by Akebia Therapeutics, Inc.. (Silver, Lindsey) |
| Filing 9 SUMMONS Returned Executed by Akebia Therapeutics, Inc.. (Silver, Lindsey) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Akebia Therapeutics, Inc. identifying Corporate Parent No Corporate Parent for Akebia Therapeutics, Inc... (Silver, Lindsey) |
| 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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