James Cruz v. Merck & Co. Inc. et al
| James Cruz |
| Merck & Co., Inc., Merck Sharp & Dohme Corp., Organon & Co., Organon LLC and Does 1-10, Inclusive |
| 2:2022cv02348 |
| April 7, 2022 |
| US District Court for the Central District of California |
| Maria A Audero |
| Dolly M Gee |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 Notice of Removal - Product Liability |
| Both |
Docket Report
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Filing 28
MINUTES OF IN CHAMBERS - ORDER STAYING BRIEFING SCHEDULE IN RELATED CASES by Judge Dolly M. Gee: In light of the parties' joint responses #27 , to the Court's Orders to Show Cause #26 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 #14 , 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 27 RESPONSE filed by Defendants Merck & Co., Inc., Merck Sharp & Dohme Corp., Organon & Co., Organon LLCto Amended Minutes,,,,, #26 (Romano, Julia) |
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Filing 26
AMENDED MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE WHY BRIEFING SHOULD NOT BE PAUSED IN RELATED CASES #25 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 6/24/2022. 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 25
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 24 Notice of Appearance or Withdrawal of Counsel: for attorney Amy Zumsteg counsel for Defendants Merck & Co., Inc., Merck Sharp & Dohme Corp., Organon & Co., Organon LLC. Adding Amy P. Zumsteg as counsel of record for Merck & Co., Inc.; Merck Sharp & Dohme Corp.; Organon & Co.; 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 Amy Zumsteg added to party Merck & Co., Inc.(pty:dft), Attorney Amy Zumsteg added to party Merck Sharp & Dohme Corp.(pty:dft), Attorney Amy Zumsteg added to party Organon & Co.(pty:dft), Attorney Amy Zumsteg added to party Organon LLC(pty:dft))(Zumsteg, Amy) |
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Filing 23
ORDER by Judge Dolly M. Gee Granting Application of Non-Resident Attorney Kimberly L. Beck to Appear Pro Hac Vice on behalf of Plaintiff James Cruz, designating Shehnaz M. Bhujwala as local counsel #16 , #22 . (gk)
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| Filing 22 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 Plaintiff James Cruz (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33139664) #16 filed by Plaintiff James Cruz. (Bhujwala, Shehnaz) |
| Filing 21 Notice of Appearance or Withdrawal of Counsel: for attorney Alexander G Calfo counsel for Defendants Merck & Co., Inc., Merck Sharp & Dohme Corp., Organon & Co., Organon LLC. 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 & Co., Inc.(pty:dft), Attorney Alexander G Calfo added to party Merck Sharp & Dohme Corp.(pty:dft), Attorney Alexander G Calfo added to party Organon & Co.(pty:dft), Attorney Alexander G Calfo added to party Organon LLC(pty:dft))(Calfo, Alexander) |
| Filing 20 Notice of Appearance or Withdrawal of Counsel: for attorney Julia Elizabeth Romano counsel for Defendants Merck & Co., Inc., Merck Sharp & Dohme Corp., Organon & Co., Organon LLC. Adding Julia Romano as counsel of record for Merck & Co., Inc.; Merck Sharp & Dohme Corp.; Organon & Co.; 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 Julia Elizabeth Romano added to party Merck & Co., Inc.(pty:dft), Attorney Julia Elizabeth Romano added to party Merck Sharp & Dohme Corp.(pty:dft), Attorney Julia Elizabeth Romano added to party Organon & Co.(pty:dft), Attorney Julia Elizabeth Romano added to party Organon LLC(pty:dft))(Romano, Julia) |
| Filing 19 PROOF OF SERVICE filed by Defendants Merck & Co., Inc., Merck Sharp & Dohme Corp., Organon & Co., Organon LLC, re Initial Order upon Filing of Complaint - form only #18 , Minutes of In Chambers Order/Directive - no proceeding held,, #17 served on 4/19/2022. (Beamer, Shannon) |
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Filing 18
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti)
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| Filing 16 APPLICATION of Non-Resident Attorney Kimberly L. Beck to Appear Pro Hac Vice on behalf of Plaintiff James Cruz (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33139664) filed by Plaintiff James Cruz. (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 17 MINUTES OF IN CHAMBERS - TRANSFER 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 Transfer Pursuant to General Order 21-01 filed on 4/14/2022. The case number will now read CV 22-2348-DMG (MAAx). Additional information about Judge Gee's procedures and schedules is available on the court's website at www.cacd.uscourts.gov. See document for further details. Court Reporter: Not Reported. (gk) |
| Filing 15 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Plaintiff James Cruz' Claims #14 filed by Defendants Merck & Co., Inc., Merck Sharp & Dohme Corp., Organon & Co., Organon LLC. (Beamer, Shannon) |
| Filing 14 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff James Cruz' Claims filed by Defendants Merck & Co., Inc., Merck Sharp & Dohme Corp., Organon & Co., Organon LLC. Motion set for hearing on 6/24/2022 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Memorandum of Points and Authorities in Support of Defendants' Notice of Motion and Motion to Dismiss Plaintiff James Cruz' Claims, #2 Declaration of Shannon E. Beamer, #3 Proposed Order) (Beamer, Shannon) |
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Filing 13
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:22-cv-02151-DMG(MAAx). Case transferred from Magistrate Judge Alicia G. Rosenberg and Judge Christina A. Snyder to Judge Dolly M. Gee and Magistrate Judge Maria A. Audero for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-02348-DMG(MAAx). Signed by Judge Dolly M. Gee (ap)
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| Filing 12 NOTICE of Related Case(s) filed by Plaintiff James Cruz. Related Case(s): 5:22-cv-00599-JGB(KKx); 2:22-cv-02151-DMG(MAAx) (Bhujwala, Shehnaz) |
| Filing 11 NOTICE of Interested Parties filed by Plaintiff James Cruz, (Bhujwala, Shehnaz) |
| Filing 10 NOTICE OF COMPLIANCE WITH 28 U.S.C. 1446(d) filed by Defendants Merck & Co., Inc., Merck Sharp & Dohme Corp., Organon & Co., Organon LLC. (Beamer, Shannon) |
| Filing 9 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Removal (Attorney Civil Case Opening) #1 . The following error(s) was found: Other error(s) with document(s): Attachments #2 Civil Cover Sheet should not have been attached to Docket Entry No. #1 The document should have been filed separately. You are not required to take any action to correct this deficiency unless the Court so directs. (sh) |
| Filing 8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Kimberly Beck. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (sh) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Alicia G. Rosenberg. (sh) |
| CONFORMED E-FILED COPY OF COMPLAINT against Defendants Does, Merck & Co., Inc., Merck Sharp & Dohme Corp., Organon & Co., Organon LLC. Jury Demanded., filed by plaintiff James Cruz. [FILED IN STATE COURT ON 03/03/2022 SUBMITTED AS ATTACHMENT NO.1 EXHIBIT 1 TO THE NOTICE OF REMOVAL #1 ] (sh) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Defendants Merck & Co., Inc., Merck Sharp & Dohme Corp., Organon & Co., Organon LLC (Beamer, Shannon) |
| Filing 3 NOTICE of Interested Parties filed by Defendants Merck & Co., Inc., Merck Sharp & Dohme Corp., Organon & Co., Organon LLC, (Beamer, Shannon) |
| Filing 2 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF NOTICE OF REMOVAL AND REMOVAL OF ACTION filed by Defendants Merck & Co., Inc., Merck Sharp & Dohme Corp., Organon & Co., Organon LLC. (Beamer, Shannon) |
| Filing 1 NOTICE OF REMOVAL from San Luis Obispo County Superior Court, case number 22CV-0102 Receipt No: ACACDC-33094500 - Fee: $402, filed by Defendants Organon & Co., Merck Sharp & Dohme Corp., Merck & Co., Inc., Organon LLC. (Attachments: #1 Declaration DECLARATION OF SHANNON E. BEAMER 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 & Co., Inc.(pty:dft), Attorney Shannon Elizabeth Beamer added to party Merck Sharp & Dohme Corp.(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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