Malberg v. Merck & Co., Inc. et al
| MaryFaith Blanchard, Donna Alford, Jane Patterson, Richard Kinard, David Malberg, Angelo Bencivenga and Joyce Pilliterini |
| Merck Sharp & Dohme Corp., Merck & Co., Inc., Mckesson Corp. and Merck Sharpe & Dohme Corp. |
| 8:2018cv00034 |
| January 4, 2018 |
| US District Court for the Middle District of Florida |
| Tampa Office |
| XX US, Outside State |
| Susan C Bucklew |
| Susan C Bucklew |
| Anthony E Porcelli |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1446 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 14, 2018. A more recent docket listing may be available from PACER.
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| Case transferred from Florida Middle has been opened in Eastern District of Pennsylvania as case 2:18-cv-20013, filed 08/10/2018. (AG) |
| Filing 51 MULTIDISTRICT LITIGATION panel Transfer Order transferring case to: Eastern District of Pennsylvania re MDL case number: 2848. (AG) |
| CASE ELECTRONICALLY TRANSFERRED to the Eastern District of Pennsylvania re: MDL 2848. (AG) |
| Filing 50 NOTICE of supplemental authority re #33 MOTION to Dismiss Plaintiff's Claims for Fraudulent Misrepresentation, Negligent Misrepresentation, and Consumer Fraud, and Incorporated Memorandum of Law by Merck & Co., Inc., Merck Sharpe & Dohme Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gerecke, Edward) |
| Filing 49 NOTICE of supplemental authority re #33 MOTION to Dismiss Plaintiff's Claims for Fraudulent Misrepresentation, Negligent Misrepresentation, and Consumer Fraud, and Incorporated Memorandum of Law by Merck & Co., Inc., Merck Sharpe & Dohme Corp.. (Attachments: #1 Exhibit 1)(Gerecke, Edward) |
| Filing 48 NOTICE of supplemental authority In Support of Motion to Dismiss First Amended Complaint by Mckesson Corp.. (Attachments: #1 Exhibit 1)(Preston, Brett) |
| Filing 47 NOTICE of Selection of Mediator re #46 Case management and scheduling order by Merck & Co., Inc., Merck Sharpe & Dohme Corp.. (Gerecke, Edward) Modified text on 5/15/2018 (KMM). |
Filing 46
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 9/30/2019, Dispositive motions due by 10/31/2019, Pretrial Conference set for 2/11/2020 at 08:30 AM in Tampa Courtroom 10 B before Judge Susan C Bucklew, Conduct mediation hearing by 10/11/2019. This case is set for a jury trial on the Court's March 2020 trial calendar. Signed by Judge Susan C Bucklew on 3/13/2018. (JD)
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| Filing 45 NOTICE of pendency of related cases per Local Rule 1.04(d) by Mckesson Corp.. Related case(s): YES (Preston, Brett) |
| Filing 44 SUPPLEMENT re #34 Case Management Report by Merck & Co., Inc., Merck Sharpe & Dohme Corp.. (Gerecke, Edward) |
| Filing 43 NOTICE of supplemental authority re #33 MOTION to Dismiss Plaintiff's Claims for Fraudulent Misrepresentation, Negligent Misrepresentation, and Consumer Fraud, and Incorporated Memorandum of Law by Mckesson Corp.. (Attachments: #1 Attachment)(Blanco, Carolina) |
| Filing 42 Unopposed MOTION for leave to file Reply Supporting Their Motion to Dismiss Plaintiff's Claims for Fraudulent Misrepresentation, Negligent Misrepresentation, and Consumer Fraud and Incorporated Memorandum of Law by Merck & Co., Inc., Merck Sharpe & Dohme Corp.. (Gerecke, Edward) |
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Filing 41
ENDORSED ORDER granting #40 Motion for Extension of Time to File supplement until 3/6/18. Signed by Judge Susan C Bucklew on 2/27/2018. (JD)
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| Filing 40 Unopposed MOTION for Extension of Time to File Supplement to Case Management Report by Merck & Co., Inc., Merck Sharpe & Dohme Corp.. (Gerecke, Edward) |
| Filing 39 RESPONSE in Opposition re #33 MOTION to Dismiss Plaintiff's Claims for Fraudulent Misrepresentation, Negligent Misrepresentation, and Consumer Fraud, and Incorporated Memorandum of Law filed by David Malberg. (DeGisi, Carmen) |
| Filing 38 RESPONSE in Opposition re #32 MOTION to Dismiss Amended Complaint and Incorporated Memorandum of Law filed by David Malberg. (DeGisi, Carmen) |
| Filing 37 NOTICE of compliance re 31 Order no pdf by Mckesson Corp. (Hall, Matthew) |
| Filing 36 NOTICE of Appearance by Carolina Yvonne Blanco on behalf of Mckesson Corp. (Blanco, Carolina) |
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Filing 35
ENDORSED ORDER directing the parties to file a supplement to the case management report by 2/27/18 explaining why they need more than eight months to complete discovery. Signed by Judge Susan C Bucklew on 2/20/2018. (JD)
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| Filing 34 CASE MANAGEMENT REPORT. (Gerecke, Edward) |
| Filing 33 MOTION to Dismiss Plaintiff's Claims for Fraudulent Misrepresentation, Negligent Misrepresentation, and Consumer Fraud, and Incorporated Memorandum of Law by Merck & Co., Inc., Merck Sharpe & Dohme Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gerecke, Edward) |
| Filing 32 MOTION to Dismiss Amended Complaint and Incorporated Memorandum of Law by Mckesson Corp.. (Preston, Brett) |
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Filing 31
ENDORSED ORDER that the Court will terminate Matthew Hall from the docket sheet if he does not sign up for CM/ECF, enter an email address in his CM/ECF account, and electronically file a notice of compliance with this Court's Order by 2/28/18. Additionally, the Clerk is directed to stop sending paper copies to him after sending this Order. Signed by Judge Susan C Bucklew on 2/2/2018. (JD)
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| Filing 30 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by David Malberg. Related document: #1 Complaint filed by Donna Alford, Jane Patterson, Joyce Pilliterini, MaryFaith Blanchard, Richard Kinard, Angelo Bencivenga, David Malberg.(DeGisi, Carmen) |
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Filing 29
ORDER severing plaintiffs Jane Patterson, Joyce Pilliterini, MaryFaith Blanchard, Donna Alford, and Richard Kinard and transferring their claims to the Orlando, Ocala, and Fort Myers Divisions. See order for details. As to the remaining Tampa Division plaintiffs: David Malberg's claims are severed, and his separate claims will remain in this case. David Malberg is directed to file an amended complaint by January 26,2018 that includes only his claims. Angelo Bencivenga's claims are severed, and the Clerk is directed to open a newcase for his separate claims, which will be assigned to the undersigned. Thereafter, Angelo Bencivenga is directed to file an amended complaint in thenew case by January 26, 2018 that includes only his claims. Signed by Judge Susan C Bucklew on 1/16/2018. (JNB)
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| Filing 28 Minute Entry. Proceedings held before Judge Susan C Bucklew: STATUS CONFERENCE held on 1/16/2018. Court Reporter: Lynann Nicely (MSS) |
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Filing 27
ENDORSED ORDER granting #26 Motion to Appear Telephonically at status conference. Plaintiffs' counsel is directed to call the reserved conference toll free at 1-888-684-8852. The access code to enter the telephone conference is: 5417637. Counsel will then be prompted to enter the participant security code: 1834 followed by the #(pound) key. This conference will be activated at 10:30 a.m. so the conference may start promptly at 11:00 a.m. Signed by Judge Susan C Bucklew on 1/11/2018. (JD)
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| Filing 26 Unopposed MOTION to Appear Telephonically by Donna Alford, Angelo Bencivenga, MaryFaith Blanchard, Richard Kinard, David Malberg, Jane Patterson, Joyce Pilliterini. (Attachments: #1 Text of Proposed Order)(DeGisi, Carmen) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 25 NOTICE of designation under Local Rule 3.05 - Track 2 (MSS) |
| Filing 24 NOTICE of hearing: Status Conference set for 1/16/2018 at 11:00 AM in Tampa Courtroom 10 B before Judge Susan C Bucklew. (JD) |
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Filing 23
ENDORSED ORDER denying as moot #19 motion to stay deadline for filing a case management report. A case management report must be filed by 2/20/18. Signed by Judge Susan C Bucklew on 1/4/2018. (JD)
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| Filing 22 NOTICE to counsel of new case number and judge assignment 8:18-cv-34-T-24AEP (signed by deputy clerk). (JNB) |
| Filing 21 Case transferred in from District of Florida Southern; Case Number 0:17-cv-62283. File received electronically |
| Filing 19 Unopposed MOTION to Stay Compliance with Scheduling Order Pending Ruling on Motion to Sever and Transfer by Merck & Co., Inc., Merck Sharp & Dohme Corp.,. Responses due by 1/18/2018 (Gerecke, Edward) [Transferred from flsd on 1/4/2018.] |
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Filing 20
Order Severing and Transferring Cases. Considering the residences of the parties, the places where their injuries are alleged to have been sustained, the convenience of the parties and witnesses, and the interests of justice, the Merck Defendants motion (ECF No. 18) is granted in part and denied in part.The Clerk is therefore directed to: (1) sever the claim of Plaintiff Green, opening a new case for her; (2) transfer Plaintiff Greens newly-opened case to the Northern District of Florida, Panama City Division; and (3) transfer this case, with the remaining Plaintiffs (Jane Patterson, Joyce Pilliterini, David Malberg, MaryFaith Blanchard, Donna Alford, Richard Kinard, and Angelo Bencivenga), to the Middle District of Florida, Tampa Division. Signed by Judge Robert N. Scola, Jr on 1/3/2018. (jas) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. [Transferred from flsd on 1/4/2018.]
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| Filing 18 Unopposed MOTION to Sever and Transfer to the Middle and Northern Districts of Florida by Merck & Co., Inc., Merck Sharp & Dohme Corp.,. Responses due by 1/17/2018 (Attachments: #1 Exhibit A - Erickson Order)(Walz, David) [Transferred from flsd on 1/4/2018.] |
| Filing 17 Clerks Notice to Filer re #16 Reply to Response to Motion. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (jas) [Transferred from flsd on 1/4/2018.] |
| Filing 16 REPLY to #14 Response to #13 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by McKesson Corp.. (Hall, Matthew) Modified to add document link on 12/28/2017 (jas). [Transferred from flsd on 1/4/2018.] |
| Filing 15 Notice of Supplemental Authority re #13 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by McKesson Corp. (Attachments: #1 Exhibit Exhibit 1) (Hall, Matthew) [Transferred from flsd on 1/4/2018.] |
| Filing 14 RESPONSE in Opposition re #13 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Donna Alford, Angelo Bencivenga, MaryFaith Blanchard, Doris Green, Richard Kinard, David Malberg, Jane Patterson, Joyce Pilliterini. Replies due by 12/27/2017. (Attachments: #1 Exhibit Exhibit 1)(DeGisi, Carmen) [Transferred from flsd on 1/4/2018.] |
| Filing 13 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by McKesson Corp.. Responses due by 12/19/2017 (Preston, Brett) [Transferred from flsd on 1/4/2018.] |
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Filing 12
GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES. Signed by Magistrate Judge Lurana S. Snow on 12/4/2017. (jas) [Transferred from flsd on 1/4/2018.]
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Filing 11
Order Requiring Discovery And Scheduling Conference And Order Referring Discovery Matters To Magistrate Judge Lurana S. Snow. Signed by Judge Robert N. Scola, Jr on 12/1/2017. (jas) [Transferred from flsd on 1/4/2018.]
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Filing 10
PAPERLESS ORDER: The Court grants #4 Defendant McKesson Corporation's unopposed motion for an extension of time to respond to the complaint. The Defendant's response to the complaint is due on or before December 8, 2017. Signed by Judge Robert N. Scola, Jr. on 11/28/2017. (kbe) [Transferred from flsd on 1/4/2018.]
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| Filing 9 NOTICE of Attorney Appearance by Carmen Anthony DeGisi on behalf of Donna Alford, Angelo Bencivenga, MaryFaith Blanchard, Doris Green, Richard Kinard, David Malberg, Jane Patterson, Joyce Pilliterini (DeGisi, Carmen) [Transferred from flsd on 1/4/2018.] |
| Set Answer Due Deadline per 10 Order: McKesson Corp. response due 12/8/2017. (asl) [Transferred from flsd on 1/4/2018.] |
| Filing 8 Statement of: Rule 7.1 Disclosure by Merck & Co., Inc., Merck Sharp & Dohme Corp., (Gerecke, Edward) [Transferred from flsd on 1/4/2018.] |
| Filing 7 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), Plaintiffs' Claims for Fraudulent Misrepresentation, Negligent Misrepresentation, and Consumer Fraud and Incorporated Memorandum of Law by Merck & Co., Inc., Merck Sharp & Dohme Corp.,. Responses due by 12/11/2017 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gerecke, Edward) [Transferred from flsd on 1/4/2018.] |
| Filing 6 NOTICE of Attorney Appearance by Matthew Frank Hall on behalf of McKesson Corp.. Attorney Matthew Frank Hall added to party McKesson Corp.(pty:dft). (Hall, Matthew) [Transferred from flsd on 1/4/2018.] |
| Filing 5 Corporate Disclosure Statement by McKesson Corp. (Preston, Brett) [Transferred from flsd on 1/4/2018.] |
| Filing 4 Unopposed MOTION for Extension of Time respond to Complaint by McKesson Corp.. Attorney Brett Joseph Preston added to party McKesson Corp.(pty:dft). Responses due by 12/11/2017 (Attachments: #1 Proposed Order)(Preston, Brett) [Transferred from flsd on 1/4/2018.] |
| Filing 3 NOTICE of Attorney Appearance by Edward Walter Gerecke on behalf of Merck & Co., Inc., Merck Sharp & Dohme Corp.,. Attorney Edward Walter Gerecke added to party Merck & Co., Inc. (pty:dft), Attorney Edward Walter Gerecke added to party Merck Sharp & Dohme Corp., (pty:dft). (Gerecke, Edward) [Transferred from flsd on 1/4/2018.] |
| Filing 1 COMPLAINT against Mckesson Corp., Merck & Co., Inc., Merck Sharp & Dohme Corp. with Jury Demand filed by Donna Alford, Richard Kinard, Joyce Pilliterini, Angelo Bencivenga, David Malberg, Jane Patterson, MaryFaith Blanchard. (ORIGINALLY FILED IN STATE COURT) (JNB) Modified document number on 1/4/2018 (JNB). |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lurana S. Snow is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jas) [Transferred from flsd on 1/4/2018.] |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT) Filing fees $ 400.00 receipt number 113C-10202647, filed by Merck & Co., Inc., Merck Sharp & Dohme Corp.,. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Walz, David) [Transferred from flsd on 1/4/2018.] |
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