Steinkirchner v. Fresenius Medical Care Holdings, Inc. et al (1:15-cv-11301), Massachusetts District Court

Massachusetts District Court
Judge:Douglas P Woodlock
Case #: 1:15-cv-11301
Nature of Suit367 Torts - Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability
Cause28:1391 Personal Injury
Case Filed:Mar 26, 2015
Terminated:May 03, 2017
Last checked: Monday Sep 28, 2015 6:06 AM EDT
Defendant
Fresenius Management SE
Defendant
Fresenius Medical Care AG & Co. KGaA
920 Winter Street
Waltham, MA 02451
Defendant
Fresenius Medical Care Holdings, Inc.
Defendant
Fresenius Medical Care Management AG
Defendant
Fresenius SE & Co., KGaA
Defendant
Fresenius USA Manufacturing, Inc., MA
Defendant
Fresenius USA Marketing, Inc., MA
Defendant
Fresenius USA Sales, Inc., MA
Defendant
Fresenius USA, Inc.
Plaintiff
Brian Steinkirchner
Represented By
Lauren G. Barnes
Hagens Berman Sobol Shapiro LLP
contact info
Leif Garrison
Hagens Berman Sobol Shapiro LLC
contact info
Craig R. Valentine
Hagens Berman Sobol Shapiro LLP
contact info

GPO Dec 04 2015
Judge Douglas P. Woodlock: MEMORANDUM AND ORDER entered. (Attachments: # (1) Exhibit A, # (2) Exhibit B) Associated Cases: 1:13-md-02428-DPW et al. (Colman, Claire)

Docket last updated: 8 hours ago
Tuesday, January 30, 2018
29 29 order Order on Motion for Reconsideration Wed 02/07 3:07 PM
Judge Douglas P. Woodlock: ORDER finding as moot26 Plaintiffs' Motion for Rule 60 Relief from Order of Dismissal, after hearing held this day (see Clerk notes in MDL 13md2428 [ECF #1989]). (Beatty, Barbara)
Related: [-]
Thursday, June 15, 2017
28 28 8 pgs respm Opposition to Motion Thu 06/15 4:37 PM
Opposition re26 MOTION for Reconsideration re25 Judgment of Dismissal, filed by Fresenius Medical Care Holdings, Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc., Fresenius USA, Inc.. (Durant, Maria)
Related: [-]
Friday, June 02, 2017
27 27 notice Notice of Appearance Fri 06/02 10:53 AM
NOTICE of Appearance by Maria R. Durant on behalf of Fresenius Medical Care Holdings, Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc., Fresenius USA, Inc. (Durant, Maria)
Related: [-]
Thursday, June 01, 2017
26 26 motion Reconsideration Thu 06/01 4:06 PM
MOTION for Reconsideration re25 Judgment of Dismissal, by Brian Steinkirchner.(Booker, Molly)
Related: [-]
Att: 1 Exhibit 1,
Att: 2 Exhibit 2,
Att: 3 Exhibit 3,
Att: 4 Exhibit 4,
Att: 5 Exhibit 5
Wednesday, May 03, 2017
25 25 order JUDGMENT OF DISMISSAL - DPW Wed 05/03 9:03 AM
Judge Douglas P. Woodlock: ORDER entered. Judgment of Dismissal: Defendant's Omnibus Motion to Dismiss for the failure of the plaintiff(s) to properly comply with the Case Management Order No. 17 issued on January 26, 2017, the above-entitled action is hereby DISMISSED with prejudice. (Franklin, Yvonne)
Related: [-]
Wednesday, April 12, 2017
24 24 notice Notice - Other Wed 04/12 3:31 PM
Judge Douglas P. Woodlock: ELECTRONIC PROCEDURAL ORDER - In light of the Defendant's Omnibus Motion (ECF#1862) to Dismiss following the failure of the plaintiffs in the 631 cases identified therein to properly comply with Case Management Order No.17 (ECF#1825), the Clerk is directed to enter a Judgment of Dismissal with Prejudice on May 3, 2017, in each such case in the absence of further order of this court for good cause shown. (Gioia, AnaMaria)
Related: [-]
Tuesday, April 11, 2017
23 23 notice Notice - Other Wed 04/12 10:13 AM
MOTION to Dismiss "Defendant FMCNA's Omnibus Motion to Dismiss" by Fresenius Medical Care Holdings, Inc. d/b/a Fresenius Medical Care North America, Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc., Fresenius USA, Inc.(Gioia, AnaMaria)
Related: [-]
Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C
Thursday, March 09, 2017
22 22 order Memorandum & Order Thu 03/09 5:51 PM
Judge Douglas P. Woodlock: MEMORANDUM REGARDING CASE MANAGEMENT ORDER NO. 17 (LONE PINE ORDER. Issued in all Associated Cases.(Beatty, Barbara)
Related: [-]
Thursday, January 26, 2017
21 21 order Order Thu 01/26 12:26 PM
Judge Douglas P. Woodlock: CASE MANAGEMENT ORDER NO. 17 (LONE PINE ORDER). Issued in All Associated Cases. (Beatty, Barbara)
Related: [-]
Saturday, October 22, 2016
20 20 order Order on Motion for Miscellaneous Relief Sat 10/22 5:16 PM
Judge Douglas P. Woodlock: ORDER entered in case 1:12-cv-12022-DPW; granting (1780) Motion to establish Qualified Settlement Fund in case 1:13-md-02428-DPW Associated Cases: 1:13-md-02428-DPW et al.(Woodlock, Douglas)
Related: [-]
Wednesday, December 16, 2015
19 19 notice Notice of Appearance Wed 12/16 8:16 AM
NOTICE of Appearance by Jacob M. Kaplan on behalf of Fresenius Management SE, Fresenius Medical Care AG & Co. KGaA, Fresenius Medical Care Management AG, Fresenius SE & Co., KGaA (Kaplan, Jacob)
Related: [-]
Tuesday, December 15, 2015
18 18 notice Notice of Appearance Tue 12/15 8:26 AM
NOTICE of Appearance by Charles B. Cummings on behalf of Fresenius Management SE, Fresenius Medical Care AG & Co. KGaA, Fresenius Medical Care Management AG, Fresenius SE & Co., KGaA (Cummings, Charles)
Related: [-]
Monday, December 14, 2015
17 17 notice Notice of Appearance Mon 12/14 8:01 AM
NOTICE of Appearance by Carol A. Starkey on behalf of Fresenius Management SE, Fresenius Medical Care AG & Co. KGaA, Fresenius Medical Care Management AG, Fresenius SE & Co., KGaA (Starkey, Carol)
Related: [-]
Friday, December 04, 2015
16 16 3 pgs order Memorandum & Order Fri 12/04 11:50 AM
Judge Douglas P. Woodlock: MEMORANDUM AND ORDER entered. Associated Cases: 1:13-md-02428-DPW et al. (Colman, Claire)
Related: [-]
Att: 1 Exhibit A,
Att: 2 Exhibit B
Thursday, October 22, 2015
15 15 notice Notice - Other Thu 10/22 4:39 PM
ELECTRONIC NOTICE of Hearing. Status Conference set for 11/20/2015 at 2:30 PM in Courtroom 1 before Judge Douglas P. Woodlock. Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett)
Related: [-]
Wednesday, October 07, 2015
14 14 minutes Status Conference Motion Hearing Thu 10/08 11:44 AM
ELECTRONIC Clerk's Notes for proceedings held before Judge Douglas P. Woodlock: Status/Scheduling Conference and Motion Hearing held on 10/7/2015; (#77 in 1:13-cv-10597-DPW) MOTION to Dismiss filed by Anthony Darby, and (#76 in 1:13-cv-10649-DPW) MOTION to Dismiss filed by Julia Booker - GRANTED WITH PREJUDICE; Hearing re 1243 Defendants' Motion to Compel Deposition Testimony and Responses to Subpoena by Dr. Paul Miller set for 10/16/15 at 9:00 AM (courtroom to be determined); Defendants' Motion to Stike Affidavit of Dr. Goldstein re 1486 Opposition to Defendants' Motion to Exclude Certain Statements in the "Hakim Memo" as well as plaintiffs' Experts' Opinions Based on Those Statements due by 10/8/15; oppositions due 10/12/15; hearing on Motion to Strike set for 10/14/15 at 9:00 AM in Courtroom 1 before Judge Douglas P. Woodlock. (Court Reporter: Brenda Hancock at brhancock@msn.com.)(Attorneys present: Gotz and Tarricone for the pltffs; Melsheimer, Brooks, Castle, Denning, Hodge, Kettewell and Cummings for the defts) Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett)
Related: [-]
Friday, August 28, 2015
12 12 minutes Status Conference Mon 08/31 11:11 AM
ELECTRONIC Clerk's Notes for proceedings held before Judge Douglas P. Woodlock: Status/Scheduling Conference held on 8/28/2015; pltff reported data not analyzed; Court Orders Dr. William Smith's report due by 9/9/15 by 9:00 a.m.; pltff's completion of depositions by 9/23/15; pltff's supplementations by 10/7/15; defts to respond by 10/9/15; Daubert Hearings set to begin the week of 10/13/15 at 9:00 AM in Courtroom 1; cases with Home Forum selection issues addressed; such cases out of California are subject to an agreement made between the parties; defts propose a global audit and full census as possible solutions; cases with motions to dismiss based on duplication of pleadings addressed; (#79 in case 13-cv-10836, Dickson v. FMCNA, et al.) Motion to Amend Complaint - GRANTED; (#77 in case 13-cv-10597, Darby v. FMCNA, et al.) and (#76 in case 13-cv-10649, Booker v. FMCNA, et al.) Motion to Dismiss Without Prejudice set for hearing on 10/7/15 at 2:30 PM in Courtroom 1 before Judge Douglas P. Woodlock; hearing to be set before October, 2015 re (#1243 in case 13-md-2428, In Re Fresenius/Granuflo) Motion to Compel Deposition Testimony and Responses to Subpoena by Dr. Paul Miller. (Court Reporter: Brenda Hancock at brhancock@msn.com.)(Attorneys present: Tarricone for the pltffs; Kettlewell, Castle (in-house-counsel), Brooks, Newsom, and Hodge) Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett)
Related: [-]
Friday, August 14, 2015
11 11 notice Notice - Other Fri 08/14 5:12 PM
ELECTRONIC NOTICE of Hearings. Status Conference (experts) set for 8/28/2015 02:30 PM in Courtroom 1 before Judge Douglas P. Woodlock. Status Conference (Bellwether) set for 10/7/2015 02:30 PM in Courtroom 1 before Judge Douglas P. Woodlock. Daubert Hearings tentatively set for week of 10/13/2015 09:00 AM in Courtroom 1 before Judge Douglas P. Woodlock. (Lovett, Jarrett)
Related: [-]
Friday, August 07, 2015
10 10 minutes Status Conference Motion Hearing Mon 08/10 12:14 PM
ELECTRONIC Clerk's Notes for proceedings held before Judge Douglas P. Woodlock: Status Conference/Motion Hearing held on 8/7/2015; (#1212 in case 13-2428 DPW, In re Fresenius) Motion for Joint Daubert/Lanigan Hearing in this MDL and Related Massachusetts State Court Litigation - GRANTED to the extent of filing submissions; Generic Daubert Motions due 9/14/15; oppositions due 10/5/15; status report due 10/27/15; Status Conference (generic daubert) set for 10/28/15 at 2:30 PM in Courtroom 1 before Judge Douglas P. Woodlock; Court Ordered Bellwether trial related briefs Related [+] due by 9/11/15; disputes/response due by 9/25/2015; a hearing re Bellwether set for 10/7/15 at 2:30 PM in Courtroom 1 before Judge Douglas P. Woodlock; Report on Attorneys General actions pending in Louisiana and Mississippi addressed; Court disclosed ruling to be rendered in case 14-14412 DPW, Cook et al, v. Fresenius, et al.; report re out-of-state cases (physicians/hospital) due by 8/14/15; defts' Ordered to respond to pltffs' discovery request made this date (8/7/15) within 2 weeks; (#42 in case 13-10109 DPW, Sims v. FMCNA, et al.) and (#45 in case 14-11302 DPW, Hall v. FMCNA, et al.) Motions to Quash or for a Protective Order - GRANTED re Protective Order requiring Davita to identify responsive factual witnesses to the topic (non 30(b)(6) witnesses); duplicate filing re case nos. 13-10930 DPW and 15-12282 DPW, Bumpers v. FMCNA, et al. to be resolved by counsel. (Court Reporter: Brenda Hancock at brhancock@msn.com.)(Attorneys present: Tarricone, Gotz, Tatting, and Pieksen, Jr. for the pltffs; Hopkins for the movant (Davita); Kettlewell, Hodge, Newsom, Hodge, Castle (in-house counsel), Starkey, Cummings, Brook, and Denning for the defts) Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett)
Related: [-] commendations
Monday, July 20, 2015
9 9 notice Notice of Appearance Mon 07/20 4:24 PM
NOTICE of Appearance by Craig R. Valentine on behalf of Brian Steinkirchner (Valentine, Craig)
Related: [-]
Wednesday, July 08, 2015
8 8 notice Notice Cancelling Hearing Wed 07/08 11:04 AM
ELECTRONIC NOTICE Canceling Hearing: The Status/Conference of 7/24/15 before Judge Douglas P. Woodlock is canceled. The next conference is scheduled for 8/7/15 at 2:30 PM in Courtroom 1 before Judge Douglas P. Woodlock. Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett)
Related: [-]
Friday, March 27, 2015
5 5 service Summons Issued Fri 03/27 11:44 AM
Summons Issued as to Fresenius Management SE, Fresenius Medical Care AG & Co. KGaA, Fresenius Medical Care Holdings, Inc., Fresenius Medical Care Management AG, Fresenius SE & Co., KGaA, Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc., Fresenius USA Sales, Inc., Fresenius USA, Inc.. 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. (Franklin, Yvonne)
Related: [-]
4 4 notice Notice re: MDL Case Opened Fri 03/27 11:39 AM
NOTICE OF MDL CASE OPENED, Direct file in the District of Massachusetts; Steinkirchner v. Fresenius Medical Care Holdings, Inc. et al. In Re: Fresenius/Granuflo Naturalyte Dialysate Products Liability Litigation, MDL 2428. (Abaid, Kimberly)
Related: [-]
3 3 notice Notice of Case Assignment Fri 03/27 11:38 AM
ELECTRONIC NOTICE of Case Assignment. Judge Douglas P. Woodlock assigned to case. (Abaid, Kimberly)
Related: [-]
Thursday, March 26, 2015
2 2 notice Notice of Appearance Thu 03/26 4:58 PM
NOTICE of Appearance by Lauren G. Barnes on behalf of Brian Steinkirchner (Barnes, Lauren)
Related: [-]
1 1 cmp Complaint Thu 03/26 4:38 PM
COMPLAINT Brian Steinkirchner, Anticipated Personal Representative of the Estate of John J. Steinkirchner against All Defendants Filing fee: $ 400, receipt number 0101-5480751 (Fee Status: Filing Fee paid), filed by Brian Steinkirchner.(Garrison, Leif)
Related: [-]
Att: 1 Civil Cover Sheet,
Att: 2 Category Form