This case was last updated from PACER on 12/14/2019 at 07:19:04 (UTC).

Akebia Therapeutics, Inc. v. Azar et al

Case Summary

On 10/15/2019 Akebia Therapeutics, Inc filed an Other - Administrative Procedure Act lawsuit against Azar. This case was filed in U.S. District Courts, Massachusetts District. The Judge overseeing this case is Allison D. Burroughs. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:19-CV-12132

  • Filing Date:

    10/15/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Administrative Procedure Act

  • Courthouse:

    Massachusetts District

Judge Details

Presiding Judge

Allison D. Burroughs

 

Party Details

Plaintiff

Akebia Therapeutics, Inc.

Defendants

Seema Verma

United States Department of Health and Human Services

Alex M. Azar, II

Centers for Medicare & Medicaid Services

Amicus Curiae

Massachusetts Biotechnology Council

Medicare Advocacy Project

Center for Medicare Advocacy, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Lindsey B. Silver

Attorney at Wilmer Cutler Pickering Hale and Dorr LLP (Bos)

60 State Street

Boston, MA 02109

Bruce S Manheim

Attorney at Wilmer Cutler Pickering Hale and Dorr LLP

1875 Pennsylvania Avenue Nw

Washington, DC 20006

Brian M Boynton

Attorney at Wilmer Cutler Pickering Hale and Dorr LLP

1875 Pennsylvania Ave. Nw

Washington, DC 20006

Nicole R Hadas

Attorney at Akebia Therapeutics, Inc.

245 First St

Cambridge, MA 02142

Leon T. Kenworthy

Attorney at Wilmer Cutler Pickering Hale and Dorr LLP

1875 Pennsylvania Avenue Nw

Washington, DC 20006

Defendant Attorneys

Erin E. Brizius

Attorney at U.S. Department of Justice

1 Courthouse Way Suite 9200

Boston, MA 02210

Gregg D. Shapiro

Attorney at Office of the United States Attorney

One Courthouse Way, Suite 9200

Boston, MA 02210

Amicus Curiae Attorneys

Douglas Hallward-Driemeier

Attorney at Ropes & Gray LLP - DC

2099 Pennsylvania Avenue, Nw

Washington, DC 20006

Nancy J. Lorenz

Attorney at Greater Boston Legal Services

197 Friend Street

Boston, MA 02114

Radhika Bhattacharya

Attorney at Greater Boston Legal Services

197 Friend Street

Boston, MA 02114

Donna M McCormick

Attorney at Greater Boston Legal Services

197 Friend Street

Boston, MA 02114-1802

Alice Bers

Attorney at Center for Medicare Advocacy

Po Box 350

Willimantic, CT 06226

 

Court Documents

#57

(#57) REPLY to Response to #15 MOTION for Preliminary Injunction MOTION for Summary Judgment filed by Akebia Therapeutics, Inc.. (Silver, Lindsey) (Entered: 12/10/2019)

#55

(#55) DECLARATION re #15 MOTION for Preliminary Injunction MOTION for Summary Judgment of John Butler by Akebia Therapeutics, Inc.. (Silver, Lindsey) (Entered: 12/09/2019)

#54

(#54) DECLARATION re #15 MOTION for Preliminary Injunction MOTION for Summary Judgment of Glenn Chertow by Akebia Therapeutics, Inc.. (Silver, Lindsey) (Entered: 12/09/2019)

53 #1

Exhibit A

#53

(#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) (Entered: 12/09/2019)

52 #1

Proposed Reply Memorandum In Support Of Motion For Preliminary Injunction

#52

(#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) (Entered: 12/09/2019)

#51

(#51) AMICUS BRIEF filed by Center for Medicare Advocacy, Inc. in support of Plaintiff Akebia Therapeutics, Inc. (Bers, Alice) (Entered: 12/04/2019)

#15

(#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) (Entered: 12/09/2019)

3 #3

Certification of Leon T. Kenworthy

3 #2

Certification of Brian M. Boynton

3 #1

Certification of Bruce S. Manheim

#3

(#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) (Entered: 10/16/2019)

#2

(#2) CORPORATE DISCLOSURE STATEMENT by Akebia Therapeutics, Inc. identifying Corporate Parent No Corporate Parent for Akebia Therapeutics, Inc... (Silver, Lindsey) (Entered: 10/15/2019)

1 #3

Category Form

1 #2

Civil Cover Sheet

1 #1

Exhibit 1

#1

(#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) (Entered: 10/15/2019)

104 More Documents Available

 

Docket Entries

  • 12/13/2019
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  • (#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) (Entered: 12/13/2019)

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  • 12/10/2019
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  • (#57) REPLY to Response to #15 MOTION for Preliminary Injunction MOTION for Summary Judgment filed by Akebia Therapeutics, Inc.. (Silver, Lindsey) (Entered: 12/10/2019)

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  • 12/10/2019
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  • (#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) (Entered: 12/10/2019)

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  • 12/09/2019
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  • (#55) DECLARATION re #15 MOTION for Preliminary Injunction MOTION for Summary Judgment of John Butler by Akebia Therapeutics, Inc.. (Silver, Lindsey) (Entered: 12/09/2019)

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  • 12/09/2019
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  • (#54) DECLARATION re #15 MOTION for Preliminary Injunction MOTION for Summary Judgment of Glenn Chertow by Akebia Therapeutics, Inc.. (Silver, Lindsey) (Entered: 12/09/2019)

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  • 12/09/2019
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  • (#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) (Entered: 12/09/2019)

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  • 12/09/2019
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  • (#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) (Entered: 12/09/2019)

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  • 12/04/2019
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  • (#51) AMICUS BRIEF filed by Center for Medicare Advocacy, Inc. in support of Plaintiff Akebia Therapeutics, Inc. (Bers, Alice) (Entered: 12/04/2019)

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  • 12/04/2019
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  • (#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) (Entered: 12/04/2019)

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  • 12/03/2019
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  • (#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) (Entered: 12/03/2019)

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38 More Docket Entries
  • 10/22/2019
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  • (#10) SUMMONS Returned Executed by Akebia Therapeutics, Inc.. (Silver, Lindsey) (Entered: 10/22/2019)

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  • 10/22/2019
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  • (#9) SUMMONS Returned Executed by Akebia Therapeutics, Inc.. (Silver, Lindsey) (Entered: 10/22/2019)

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  • 10/16/2019
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  • (#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) (Entered: 10/16/2019)

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  • 10/16/2019
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  • (#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) (Entered: 10/16/2019)

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  • 10/16/2019
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  • (#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) (Entered: 10/16/2019)

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  • 10/16/2019
  • (#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) (Entered: 10/16/2019)

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  • 10/15/2019
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  • (#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) (Entered: 10/15/2019)

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  • 10/15/2019
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  • (#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) (Entered: 10/15/2019)

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  • 10/15/2019
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  • (#2) CORPORATE DISCLOSURE STATEMENT by Akebia Therapeutics, Inc. identifying Corporate Parent No Corporate Parent for Akebia Therapeutics, Inc... (Silver, Lindsey) (Entered: 10/15/2019)

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  • 10/15/2019
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  • (#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) (Entered: 10/15/2019)

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