Doe v. Merck & Co., Inc.
Defendant: Julie Gerberding, individually
Plaintiff / Appellant: Baby Doe and Jane Doe, individually and as Parent/Guardian of Baby Doe
Defendant / Appellee: Dr. Robert Calif, in his official capacity as Commissioner of Food and Drug (a division of HHS), United States of America, Merck & Co., Inc., Health and Human Services, Sylvia Mathews Burwell, in her official capacity as Secretary of Health and Human Services, Alex Azar, in his official capacity as Secretary of Health and Human Services and Norman E. Sharpless, in his official capacity as Acting Commissioner of Food and Drug (a division of HHS)
Case Number: 19-1052
Filed: April 19, 2019
Court: U.S. Court of Appeals, Second Circuit
Nature of Suit: Other
Docket Report

This docket was last retrieved on June 14, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 14, 2019 Filing 51 SO-ORDERED SCHEDULING NOTIFICATION, setting Appellant Baby Doe and Jane Doe Brief due date as 09/04/2019 FILED.[2587077] [19-1052] [Entered: 06/14/2019 11:32 AM]
June 13, 2019 Filing 48 LR 31.2 SCHEDULING NOTIFICATION, on behalf of Appellant Baby Doe and Jane Doe, informing Court of proposed due date 09/04/2019, RECEIVED. Service date 06/13/2019 by CM/ECF.[2586065] [19-1052] [Entered: 06/13/2019 10:24 AM]
June 6, 2019 Filing 45 MOTION ORDER, granting motion for for removal of this matter from the Courts expedited appeals calendar. Appellants must file a scheduling notification letter within 7 days of the date of this order, [ # 40 ] filed by Appellant Jane Doe and Baby Doe, by RKW, FILED. [2581461][45] [19-1052] [Entered: 06/06/2019 11:59 AM]
May 29, 2019 Filing 41 CURED DEFECTIVE MOTION, [ # 40 ], on behalf of Appellant Baby Doe and Jane Doe, FILED.[2574701] [19-1052] [Entered: 05/29/2019 03:42 PM]
May 29, 2019 Filing 40 MOTION, for appeal to be removed from the expedited calendar, on behalf of Appellant Baby Doe and Jane Doe, FILED. Service date 05/29/2019 by CM/ECF. [2574683] [19-1052]--[Edited 05/29/2019 by JB] [Entered: 05/29/2019 03:36 PM]
May 28, 2019 Filing 39 CAPTION, pursuant to FRASP 43(c)(2) and, Julie Gerberding, MD, MPH, designation changed from Defendant-Appellee to Defendant, AMENDED.[2573119] [19-1052] [Entered: 05/28/2019 12:18 PM]
May 28, 2019 Filing 38 SYLVIA MATTHEWS BURWELL, ROBERT CALIF, DEFENDANT-APPELLEE, replaced by Alex Azar and Norman E. Sharpless, Defendant-Appellee, SUBSTITUTED.[2573115] [19-1052] [Entered: 05/28/2019 12:17 PM]
May 28, 2019 Filing 37 DEFECTIVE DOCUMENT, Motion, [36], on behalf of Appellant Baby Doe and Jane Doe, FILED.[2572757] [19-1052] [Entered: 05/28/2019 09:32 AM]
May 24, 2019 Filing 36 MOTION, for appeal to be removed from the expedited calendar, on behalf of Appellant Baby Doe and Jane Doe, FILED. Service date 05/24/2019 by CM/ECF. [2572594] [19-1052]--[Edited 05/28/2019 by JB] [Entered: 05/24/2019 04:56 PM]
May 16, 2019 Filing 35 ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellee Health and Human Services, Sylvia Mathews Burwell, Robert Calif and United States of America, FILED. Service date 05/16/2019 by CM/ECF.[2565796] [19-1052] [Entered: 05/16/2019 03:16 PM]
May 15, 2019 Filing 34 ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellee Julie Gerberding, FILED. Service date 05/15/2019 by CM/ECF.[2565063] [19-1052] [Entered: 05/15/2019 05:11 PM]
May 15, 2019 Filing 33 ATTORNEY, Dino S Sangiamo for Julie Gerberding, in case 19-1052 , [ # 32 ], ADDED.[2564891] [19-1052] [Entered: 05/15/2019 03:57 PM]
May 15, 2019 Filing 32 NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellee Julie Gerberding, FILED. Service date 05/15/2019 by CM/ECF. [2564697] [19-1052] [Entered: 05/15/2019 02:15 PM]
May 8, 2019 Filing 31 NOTICE, to Appellee Julie Gerberding , for failure to file an appearance, SENT.[2558400] [19-1052] [Entered: 05/08/2019 08:32 AM]
May 7, 2019 Filing 30 ATTORNEY, David S Gray for Merck & Co., Inc., in case 19-1052 , [ # 29 ], ADDED.[2558159] [19-1052] [Entered: 05/07/2019 04:02 PM]
May 7, 2019 Filing 29 NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellee Merck & Co., Inc., FILED. Service date 05/07/2019 by CM/ECF. [2557838] [19-1052] [Entered: 05/07/2019 02:25 PM]
May 3, 2019 Filing 28 ATTORNEY, Adam Possidente for Merck & Co., Inc., in case 19-1052 , [ # 25 ], ADDED.[2555294] [19-1052] [Entered: 05/03/2019 01:04 PM]
May 3, 2019 Filing 27 CURED DEFECTIVE NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, [ # 25 ], on behalf of Appellee Merck & Co., Inc., FILED.[2555291] [19-1052] [Entered: 05/03/2019 01:03 PM]
May 3, 2019 Filing 26 ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellee Merck & Co., Inc., FILED. Service date 05/03/2019 by CM/ECF.[2555266] [19-1052] [Entered: 05/03/2019 12:51 PM]
May 3, 2019 Filing 25 NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellee Merck & Co., Inc., FILED. Service date 05/03/2019 by CM/ECF. [2555256] [19-1052] [Entered: 05/03/2019 12:48 PM]
May 3, 2019 Filing 24 DEFECTIVE DOCUMENT, Notice of Appearance for Additional Counsel, [22], on behalf of Appellee Merck & Co., Inc., FILED.[2555142] [19-1052] [Entered: 05/03/2019 12:02 PM]
May 3, 2019 Filing 23 ATTORNEY, Dino S Sangiamo for Merck & Co., Inc., in case 19-1052 , [ # 21 ], ADDED.[2555138] [19-1052] [Entered: 05/03/2019 12:00 PM]
May 3, 2019 Filing 22 NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellee Merck & Co., Inc., FILED. Service date 05/03/2019 by CM/ECF. [2555069] [19-1052] [Entered: 05/03/2019 11:24 AM]
May 3, 2019 Filing 21 NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellee Merck & Co., Inc., FILED. Service date 05/03/2019 by CM/ECF. [2555062] [19-1052] [Entered: 05/03/2019 11:21 AM]
May 3, 2019 Filing 20 ATTORNEY, Layaliza K. Soloveichik, [ # 17 ], in place of attorney Varuni Nelson, SUBSTITUTED.[2554737] [19-1052] [Entered: 05/03/2019 09:14 AM]
May 3, 2019 Filing 19 LOCAL RULE 31.2 NOTICE, placing this appeal on the Court's Expedited Calendar, setting appellant's brief due date as 06/07/2019, appellee's brief due date as 07/12/2019,TRANSMITTED.[2554716] [19-1052] [Entered: 05/03/2019 09:09 AM]
May 3, 2019 Filing 18 NEW CASE MANAGER, Jasmine Beard, ASSIGNED.[2554694] [19-1052] [Entered: 05/03/2019 09:02 AM]
May 2, 2019 Filing 17 NOTICE OF APPEARANCE AS SUBSTITUTE COUNSEL, on behalf of Appellee Health and Human Services, Sylvia Mathews Burwell, Robert Calif and United States of America, FILED. Service date 05/02/2019 by CM/ECF. [2554337] [19-1052] [Entered: 05/02/2019 04:08 PM]
May 1, 2019 Filing 10 FORM D, on behalf of Appellants Baby Doe and Jane Doe, FILED. Service date 05/01/2019 by CM/ECF, email.[2553398] [19-1052] [Entered: 05/01/2019 06:04 PM]
May 1, 2019 Filing 9 FORM C, on behalf of Appellants Baby Doe and Jane Doe, FILED. Service date 05/01/2019 by CM/ECF, email.[2553397] [19-1052] [Entered: 05/01/2019 06:02 PM]
May 1, 2019 Filing 8 ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellants Baby Doe and Jane Doe, FILED. Service date 05/01/2019 by CM/ECF, email.[2553393] [19-1052] [Entered: 05/01/2019 05:55 PM]
April 23, 2019 Filing 7 ELECTRONIC INDEX, in lieu of record, FILED.[2545919] [19-1052] [Entered: 04/23/2019 11:55 AM]
April 19, 2019 Filing 4 PAYMENT OF DOCKETING FEE, on behalf of Appellants Baby Doe and Jane Doe, district court receipt # ANYEDC-11402326, FILED.[2544332] [19-1052] [Entered: 04/19/2019 04:45 PM]
April 19, 2019 Filing 3 DISTRICT COURT JUDGMENT, dated 03/22/2019, RECEIVED.[2544328] [19-1052] [Entered: 04/19/2019 04:44 PM]
April 19, 2019 Filing 2 DISTRICT COURT MEMORANDUM AND ORDER, dated 03/21/2019, RECEIVED.[2544327] [19-1052] [Entered: 04/19/2019 04:44 PM]
April 19, 2019 Filing 1 NOTICE OF CIVIL APPEAL, with district court docket, on behalf of Appellants Baby Doe and Jane Doe, FILED. [2544325] [19-1052] [Entered: 04/19/2019 04:40 PM]

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Plaintiff / appellant: Baby Doe
Represented By: Patricia Finn
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Plaintiff / appellant: Jane Doe, individually and as Parent/Guardian of Baby Doe
Represented By: Patricia Finn
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Defendant / appellee: Dr. Robert Calif, in his official capacity as Commissioner of Food and Drug (a division of HHS)
Represented By: Varuni Nelson
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Defendant / appellee: United States of America
Represented By: Varuni Nelson
Represented By: Layaliza Soloveichik Esq.
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Defendant / appellee: Merck & Co., Inc.
Represented By: Matthew Terrence McLaughlin
Represented By: Adam Possidente Esq.
Represented By: Dino S. Sangiamo Esq.
Represented By: David S. Gray Esq.
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Defendant / appellee: Health and Human Services
Represented By: Varuni Nelson
Represented By: Layaliza Soloveichik Esq.
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Defendant / appellee: Sylvia Mathews Burwell, in her official capacity as Secretary of Health and Human Services
Represented By: Varuni Nelson
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Defendant / appellee: Alex Azar, in his official capacity as Secretary of Health and Human Services
Represented By: Layaliza Soloveichik Esq.
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Defendant / appellee: Norman E. Sharpless, in his official capacity as Acting Commissioner of Food and Drug (a division of HHS)
Represented By: Layaliza Soloveichik Esq.
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Defendant: Julie Gerberding, individually
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