Sultan Haddad et al v. Merck and Co., Inc. et al
| Sultan Haddad, YEZAN HADDAD and HAYDEN ESPINOSA |
| Merck & Co., Inc., MERCK SHARP & DOHME CORP., ORGANON & CO., ORGANON LLC, Merck and Co., Inc., Merck Sharp and Dohme Corp., Organon and Co. and DOES 1-10, inclusive |
| 2:2022cv02151 |
| March 31, 2022 |
| US District Court for the Central District of California |
| Maria A Audero |
| Dolly M Gee |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Defendant |
Docket Report
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Filing 33
MINUTES OF IN CHAMBERS - ORDER STAYING BRIEFING SCHEDULE IN RELATED CASES by Judge Dolly M. Gee: In light of the parties' joint responses #32 , to the Court's Orders to Show Cause #30 in each of these related cases [Haddad, Case No. CV 22-02151 DMG (MAAx); Srour, Case No. EDCV 22-00599 DMG (MAAx); Cruz, Case No. CV 22-02348 DMG (MAAx); Ta, Case No. SACV 22-00825 DMG (MAAx); O'Brien, Case No. CV 22-02559 DMG (MAAx); and Blunt, Case No. EDCV 22-00854 DMG (MAAx)], the Court hereby STAYS the briefing schedule on the pending motions in Srour, Cruz, Ta, and O'Brien and VACATES the hearings in each of those cases, pending the Court's ruling on the motions in Haddad. In any later-filed related case involving these same Defendants and Plaintiff's counsel, including Blunt v. Merck & Co., Inc., et al., No. ED CV 22-854-DMG (MAAx), the parties shall file a joint stipulation and proposed order to stay Defendants' deadline to respond to the Complaint, while preserving Defendants' jurisdictional defenses, pending the Court's ruling on the motions in Haddad. Court Reporter: Not Reported. (gk)
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| Filing 32 RESPONSE filed by Defendants Merck Sharp and Dohme Corp., Merck and Co., Inc., Organon LLC, Organon and Co.to Amended Minutes,,,,, #30 Joint (Romano, Julia) |
| Filing 31 NOTICE of Related Case(s) filed by Plaintiffs Hayden Espinosa, Sultan Haddad, Yezan Haddad. Related Case(s): 5:22-cv-00854-MEMF-SHK (Bhujwala, Shehnaz) |
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Filing 30
AMENDED MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE WHY BRIEFING SHOULD NOT BE PAUSED IN RELATED CASES #29 by Judge Dolly M. Gee: These five related cases [Case Nos. CV 22-02151 DMG (MAAx), EDCV 22-00599 DMG (MAAx), CV 22-02348 DMG (MAAx), SACV 22-00825 DMG (MA Ax), and CV 22-02559 DMG (MAAx)] all involve the same Defendants, Plaintiffs' counsel, and defense counsel. In the earliest filed case, Haddad v. Merck and Co., Inc., No. CV 22-2151-DMG (MAAx), Defendants have filed three motions to dismiss and a motion to sever, all of which are set for hearing on 6/24/2022. In each of the other cases, Defendants have filed motions to dismiss and/or motions to sever that appear to be largely identical, either in full or in part, to the motions filed in Haddad. Those motions are all set to be heard on later dates, some as late as August. The parties are ORDERED TO SHOW CAUSE why, in the interests of efficiency, briefing on the motions in all the related cases except for Haddad should not be paused, with their hearings vacated, until after the Haddad motions are heard and decided. If the issues do substantially overlap with those in the Haddad motions, then further briefing could be unnecessary, or at least streamlined. The parties shall meet and confer and file a joint response, indicating their respective positions on this OSC, by 5/27/2022. Court Reporter: Not Reported. (gk)
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Filing 29
MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE WHY BRIEFING SHOULD NOT BE PAUSED IN RELATED CASES by Judge Dolly M. Gee: These five related cases [Case Nos. CV 22-02151 DMG (MAAx), EDCV 22-00599 DMG (MAAx), CV 22-02348 DMG (MAAx), SACV 22-00825 DMG (MAAx), and CV 22-02559 DMG (MAAx)] all involve the same Defendants, Plaintiffs' counsel, and defense counsel. In the earliest filed case, Haddad v. Merck and Co., Inc., No. CV 22-2151-DMG (MAAx), Defendants have filed three motions to dismiss and a motion to sever, all of which are set for hearing on 6/10/2022. In each of the other cases, Defendants have filed motions to dismiss and/or motions to sever that appear to be largely identical, either in full or in part, to the motions filed in Haddad. Those motions are all set to be heard on later dates, some as late as August, with the exception of Srour v. Merck and Co., Inc., No. EDCV 22-599-DMG (MAAx), which also has a hearing set on 6/10/2022. The parties are ORDERED TO SHOW CAUSE why, in the interests of efficiency, briefing on the motions in all the related cases except for Haddad should not be paused, with their hearings vacated, until after the Haddad motions are heard and decided. If the issues do substantially overlap with those in the Haddad motions, then further briefing could be unnecessary, or at least streamlined. The parties shall meet and confer and file a joint response, indicating their respective positions on this OSC, by 5/23/2022. Because the Srour Opposition is due on the same day as the Haddad Oppositions, briefing in that case would be paused only as to the Reply. Court Reporter: Not Reported. (gk)
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| Filing 28 Notice of Appearance or Withdrawal of Counsel: for attorney Amy Zumsteg counsel for Defendants Merck Sharp and Dohme Corp., Merck and Co., Inc., Organon LLC, Organon and Co.. Filed by Defendants Merck & Co., Inc.; Merck Sharp & Dohme Corp.; Organon & Co.; and Organon LLC. (Attorney Amy Zumsteg added to party Merck Sharp and Dohme Corp.(pty:dft), Attorney Amy Zumsteg added to party Merck and Co., Inc.(pty:dft), Attorney Amy Zumsteg added to party Organon LLC(pty:dft), Attorney Amy Zumsteg added to party Organon and Co.(pty:dft))(Zumsteg, Amy) |
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Filing 27
ORDER by Judge Dolly M. Gee Granting Application of Non-Resident Attorney Kimberly L. Beck to Appear Pro Hac Vice on behalf of Plaintiffs Sultan Haddad, Yezan Haddad and Hayden Espinosa, designating Shehnaz M. Bhujwala as local counsel #25 , #26 . (gk)
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| Filing 26 APPLICATION to Supplement Application of Non-Resident Attorney to Appear in A Specific Case Pro Hac Vice re APPLICATION of Non-Resident Attorney Kimberly L. Beck to Appear Pro Hac Vice on behalf of Plaintiffs Hayden Espinosa, Sultan Haddad, Yezan Haddad (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33179228) #25 filed by Plaintiffs Hayden Espinosa, Sultan Haddad, Yezan Haddad. (Bhujwala, Shehnaz) |
| Filing 25 APPLICATION of Non-Resident Attorney Kimberly L. Beck to Appear Pro Hac Vice on behalf of Plaintiffs Hayden Espinosa, Sultan Haddad, Yezan Haddad (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33179228) filed by Plaintiffs Hayden Espinosa, Sultan Haddad, Yezan Haddad. (Attachments: #1 Declaration of Kimberly Beck Regarding Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice, #2 Proposed Order) (Bhujwala, Shehnaz) |
| Filing 24 Notice of Appearance or Withdrawal of Counsel: for attorney Alexander G Calfo counsel for Defendants Merck Sharp and Dohme Corp., Merck and Co., Inc., Organon LLC, Organon and Co.. Adding Alexander Gerard Calfo as counsel of record for Defendants, Merck & Co., Inc.; Merck Sharp & Dohme Corp.; Organon & Co.; and Organon LLC for the reason indicated in the G-123 Notice. Filed by Defendants Merck & Co., Inc.; Merck Sharp & Dohme Corp.; Organon & Co.; and Organon LLC. (Attorney Alexander G Calfo added to party Merck Sharp and Dohme Corp.(pty:dft), Attorney Alexander G Calfo added to party Merck and Co., Inc.(pty:dft), Attorney Alexander G Calfo added to party Organon LLC(pty:dft), Attorney Alexander G Calfo added to party Organon and Co.(pty:dft))(Calfo, Alexander) |
| Filing 23 NOTICE of Appearance filed by attorney Julia Elizabeth Romano on behalf of Defendants Merck Sharp and Dohme Corp., Merck and Co., Inc., Organon LLC, Organon and Co. (Attorney Julia Elizabeth Romano added to party Merck Sharp and Dohme Corp.(pty:dft), Attorney Julia Elizabeth Romano added to party Merck and Co., Inc.(pty:dft), Attorney Julia Elizabeth Romano added to party Organon LLC(pty:dft), Attorney Julia Elizabeth Romano added to party Organon and Co.(pty:dft))(Romano, Julia) |
| Filing 22 PROOF OF SERVICE filed by Defendants Merck Sharp and Dohme Corp., Merck and Co., Inc., Organon LLC, Organon and Co., re Initial Order upon Filing of Complaint - form only #20 , Minutes of In Chambers Order/Directive - no proceeding held,,,,, Terminate Deadlines and Hearings,,,,, Set/Reset Motion Hearing and R&R Deadlines,,,, #19 served on 4/19/2022. (Beamer, Shannon) |
| Filing 21 NOTICE of Related Case(s) filed by Plaintiffs Hayden Espinosa, Sultan Haddad, Yezan Haddad. Additional Related Case(s): 8:22-cv-00825-JVS-DGM; 2:22-cv-02599-RSWL-AGR (Bhujwala, Shehnaz) |
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Filing 20
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti)
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| Filing 19 MINUTES OF IN CHAMBERS - REASSIGNMENT OF CASE TO JUDGE GEE by Judge Dolly M. Gee: Please take notice that this action has been reassigned to the HONORABLE DOLLY M. GEE, United States District Judge, pursuant to the Order re Reassign Pursuant to General Order 12-02 filed on 4/14/2022. The case number will now read CV 22-2151-DMG (MAAx). Additional information about Judge Gee's procedures and schedules is available on the court's website at www.cacd.uscourts.gov. Further, the Court hereby continues the hearing on Defendants' Motion to Dismiss Plaintiff Sultan Haddad's Claims #9 , Defendants' Motion to Dismiss Plaintiff Yezan Haddad's Claims #11 , Defendants' Motion to Sever Claims of Plaintiffs Yezan Haddad and Hayden Espinosa from Claims of Plaintiff Sultan Haddad #13 , and Defendants' Motion to Dismiss Plaintiff Hayden Espinosa's Claims #14 to 6/24/2022 at 09:30 AM before Judge Dolly M. Gee. See document for further details. Court Reporter: Not Reported. (gk) |
| Filing 18 NOTICE of Related Case(s) filed by Plaintiffs Hayden Espinosa, Sultan Haddad, Yezan Haddad. Related Case(s): 5:22-cv-00599-JGB(KKx); 2:22-cv-02348-CAS(AGRx) (Bhujwala, Shehnaz) |
| Filing 17 Certification and NOTICE of Interested Parties filed by Plaintiffs All Plaintiffs, (Bhujwala, Shehnaz) |
| Filing 16 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Rozella A. Oliver to Judge Dolly M. Gee for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Maria A. Audero. The case number will now reflect the initials of the transferee Judges 2:22-cv-02151 DMG(MAAx). (rn) |
| Filing 15 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF HAYDEN ESPINOSAS CLAIMS #14 filed by Defendants Merck Sharp and Dohme Corp., Merck and Co., Inc., Organon LLC, Organon and Co.. (Beamer, Shannon) |
| Filing 14 NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF HAYDEN ESPINOSAS CLAIMS filed by Defendants Merck Sharp and Dohme Corp., Merck and Co., Inc., Organon LLC, Organon and Co.. Motion set for hearing on 6/1/2022 at 10:00 AM before Magistrate Judge Rozella A. Oliver. (Attachments: #1 Memorandum OF POINTS AND AUTHORITIES IN SUPPORT OFDEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF HAYDEN ESPINOSAS CLAIMS, #2 Declaration OF SHANNON E. BEAMER IN SUPPORT OF DEFENDANTS (1) NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF HAYDEN ESPINOSAS CLAIMS AND (2) REQUEST FOR JUDICIAL NOTICE, #3 Proposed Order GRANTING DEFENDANTS MOTION TO DISMISS PLAINTIFF HAYDEN ESPINOSAS CLAIMS) (Beamer, Shannon) |
| Filing 13 NOTICE OF MOTION AND MOTION to Sever CLAIMS OF PLAINTIFFS YEZAN HADDAD AND HAYDEN ESPINOSA FROM CLAIMS OF PLAINTIFF SULTAN HADDAD filed by Defendants Merck Sharp and Dohme Corp., Merck and Co., Inc., Organon LLC, Organon and Co.. Motion set for hearing on 6/1/2022 at 10:00 AM before Magistrate Judge Rozella A. Oliver. (Attachments: #1 Memorandum OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS' NOTICE OF MOTION AND MOTION TO SEVER CLAIMS OF PLAINTIFFS YEZAN HADDAD AND HAYDEN ESPINOSA FROM CLAIMS OF PLAINTIFF SULTAN HADDAD, #2 Proposed Order GRANTING DEFENDANTS NOTICE OF MOTION AND MOTION TO SEVER CLAIMS OF PLAINTIFFS YEZAN HADDAD AND HAYDEN ESPINOSA FROM CLAIMS OF PLAINTIFF SULTAN HADDAD) (Beamer, Shannon) |
| Filing 12 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF YEZAN HADDADS CLAIMS #11 filed by Defendants Merck Sharp and Dohme Corp., Merck and Co., Inc., Organon LLC, Organon and Co.. (Beamer, Shannon) |
| Filing 11 NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF YEZAN HADDADS CLAIMS filed by Defendants Merck Sharp and Dohme Corp., Merck and Co., Inc., Organon LLC, Organon and Co.. Motion set for hearing on 6/1/2022 at 10:00 AM before Magistrate Judge Rozella A. Oliver. (Attachments: #1 Memorandum OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF YEZAN HADDADS CLAIMS, #2 Declaration OF SHANNON E. BEAMER IN SUPPORT OF DEFENDANTS (1) NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF YEZAN HADDADS CLAIMS AND (2) REQUEST FOR JUDICIAL NOTICE, #3 Proposed Order GRANTING DEFENDANTS NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF YEZAN HADDADS CLAIMS) (Beamer, Shannon) |
| Filing 10 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF SULTAN HADDADS CLAIMS #9 filed by Defendants Merck Sharp and Dohme Corp., Merck and Co., Inc., Organon LLC, Organon and Co.. (Beamer, Shannon) |
| Filing 9 NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF SULTAN HADDADS CLAIMS filed by Defendants Merck Sharp and Dohme Corp., Merck and Co., Inc., Organon LLC, Organon and Co.. Motion set for hearing on 6/1/2022 at 10:00 AM before Magistrate Judge Rozella A. Oliver. (Attachments: #1 Memorandum OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF SULTAN HADDADS CLAIMS, #2 Declaration OF SHANNON E. BEAMER IN SUPPORT OF DEFENDANTS (1) NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF SULTAN HADDADS CLAIMS AND (2) REQUEST FOR JUDICIAL NOTICE, #3 Proposed Order GRANTING DEFENDANTSNOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF SULTAN HADDADS CLAIMS) (Beamer, Shannon) |
| Filing 8 REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party must file form CV-11C within the consent deadlines pursuant to L.R. 73-2. Additionally, the parties are directed to L.R. 73-2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint as to each defendant. (dml) |
| Filing 7 STIPULATION Extending Time to Answer the complaint as to Organon and Co. answer now due 4/12/2022; Merck and Co., Inc. answer now due 4/12/2022; Organon LLC answer now due 4/12/2022; Merck Sharp and Dohme Corp. answer now due 4/12/2022, filed by Defendants Organon and Co.; Merck and Co., Inc.; Organon LLC; Merck Sharp and Dohme Corp..(Beamer, Shannon) |
| Filing 6 NOTICE filed by Defendants Merck Sharp and Dohme Corp., Merck and Co., Inc., Organon LLC, Organon and Co.. OF COMPLIANCE WITH 28 U.S.C. 1446(d) (Beamer, Shannon) |
| Filing 5 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Rozella A. Oliver. (Attachments: #1 CV11C) (jtil) |
| CONFORMED COPY COMPLAINT filed by Plaintiffs Sultan Haddad, Hayden Espinosa,and Yezan Haddad in Los Angeles Superior Court on 3/3/2022, attached as Exhibit 1. (jtil) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Defendants MERCK SHARP & DOHME CORP., Merck & Co., Inc., ORGANON & CO., ORGANON LLC (Beamer, Shannon) |
| Filing 3 NOTICE of Interested Parties filed by Defendants All Defendants, (Beamer, Shannon) |
| Filing 2 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF NOTICE OF REMOVAL AND REMOVAL OF ACTION BY DEFENDANTS MERCK & CO., INC., MERCK SHARP & DOHME CORP., ORGANON & CO., AND ORGANON LLC filed by Defendants MERCK SHARP & DOHME CORP., Merck & Co., Inc., ORGANON & CO., ORGANON LLC. (Beamer, Shannon) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 22STCV07852 Receipt No: ACACDC-33048828 - Fee: $402, filed by Defendant ORGANON & CO., Merck & Co., Inc., ORGANON LLC, MERCK SHARP & DOHME CORP.. (Attachments: #1 Declaration DECLARATION OF NICOLE N. KING IN SUPPORT OF DEFENDANTS MERCK & CO., INC., MERCK SHARP & DOHME CORP., ORGANON & CO., AND ORGANON LLCS (1) NOTICE OF REMOVAL AND REMOVAL OF ACTION AND (2) REQUEST FOR JUDICIAL NOTICE, #2 Civil Cover Sheet Civil Cover Sheet) (Attorney Shannon Elizabeth Beamer added to party MERCK SHARP & DOHME CORP.(pty:dft), Attorney Shannon Elizabeth Beamer added to party Merck & Co., Inc.(pty:dft), Attorney Shannon Elizabeth Beamer added to party ORGANON & CO.(pty:dft), Attorney Shannon Elizabeth Beamer added to party ORGANON LLC(pty:dft))(Beamer, Shannon) |
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