Case details

Court: mad
Docket #: 1:15-cv-12736
Case Name: Cook v. Fresenius Medical Care Holdings, Inc. dba Fresenius Medial Care North America et al
PACER case #: 172033
Date filed: 2015-06-23
Assigned to: Judge Douglas P. Woodlock
Case Cause: 28:1332 Diversity-Product Liability
Nature of Suit: 367 Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Jury Demand: Plaintiff
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Stephanie Cook
Plaintiff
Matthew J Sill
Sill Law Group 14005 N Eastern Ave Edmond, OK 73013 405-509-6300 Fax: 405-509-6268 Email: Matt@sill-law.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Fresenius Medical Care Holdings, Inc. dba Fresenius Medial Care North America
Defendant
Fresenius USA, Inc.
Defendant
Fresenius USA Manufacturing, Inc.
Defendant
Fresenius USA Marketing, Inc.
Defendant
Fresenius USA Sales, Inc.
Defendant

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2015-06-23 1 0 Judge Douglas P. Woodlock: ORDER SEVERING PLAINTIFFS entered. (Montes, Mariliz) (Entered: 06/23/2015)
2015-06-23 2 0 ELECTRONIC NOTICE of Case Assignment. Judge Douglas P. Woodlock assigned to case. (Abaid, Kimberly) (Entered: 06/23/2015)
2015-06-23 3 0 NOTICE OF MDL CASE OPENED, Direct file in the District of Massachusetts; Cook v. Fresenius Medical Care Holdings, Inc. et al. In Re: Fresenius/Granuflo Naturalyte Dialysate Products Liability Litigation, MDL 2428. (Abaid, Kimberly) (Entered: 06/23/2015)
2015-07-08 4 0 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) (Entered: 07/08/2015)
2015-08-07 5 0 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; opening briefs re generic export reports due 9/14/15; responses due 10/5/15; status report (discovery) due 8/27/15; Status Conference (discovery) set for 8/28/15 at 2:30 PM in Courtroom 1 before Judge Douglas P. Woodlock; Court Ordered Bellwether trial related briefs (recommendations) due by 9/11/15; disputes/response due by 9/25/2015; a hearing re Bellwether cases for trial set for 10/7/15 at 2:30 PM in Courtroom 1 before Judge Douglas P. Woodlock; parties are to hold week of 10/13/15 for joint Daubert/Lanigan hearings; 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) Modified text and Regenerated NEF on 8/11/2015 (Lovett, Jarrett). (Entered: 08/10/2015)
2015-08-14 6 0 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) (Entered: 08/14/2015)
2015-08-21 7 0 NOTICE of Appearance by Matthew J Sill on behalf of Stephanie Cook (Sill, Matthew) (Entered: 08/21/2015)
2015-08-28 8 0 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) (Entered: 08/31/2015)
2015-09-08 9 0 COMPLAINT against All Defendants (Fee Status: Waived Pursuant to Order in an MDL case). Case is filed as related to MDL: 2428 and the Order waiving the fee was entered on 4/10/2015., filed by Stephanie Cook. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Sill, Matthew) (Entered: 09/08/2015)
2015-09-24 10 0 ELECTRONIC Clerk's Notes for proceedings held before Judge Douglas P. Woodlock and Judge Maynard M. Kirpalani (Middlesex County Superior Court): Joint Hearing held re Daubert-Lanigan hearing procedures on 9/24/2015; report submitted; deposition of Dr. Smith taken; supplemental reports expected; schedule revised; Daubert Hearings to begin on 10/14/15 at 9:00 AM through 10/15/15 at 9:00 AM (full days) in Courtroom 1 before Judges Douglas P. Woodlock and Maynard M. Kirpalani. (Court Reporter: Brenda Hancock at brhancock@msn.com.)(Attorneys present: Tarricone, Gotz, Rotman, Jenner, Appel, Castle, Brooks, Kettlewell, Durant, and Melsheimer) Associated Cases: 1:13-md-02428-DPW et al.(Lovett, Jarrett) (Entered: 09/25/2015)
2015-10-07 11 0 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) (Entered: 10/08/2015)
2015-10-22 12 0 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) (Entered: 10/22/2015)
2015-12-04 13 0 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) (Entered: 12/04/2015)