Greene v. Merck & Co., Inc. et al
| Janice Greene |
| McKesson Corp., Merck Sharp & Dohme Corp. and Merck & Co., Inc. |
| 8:2018cv01744 |
| July 18, 2018 |
| US District Court for the Middle District of Florida |
| Tampa Office |
| Hillsborough |
| Virginia M Hernandez Covington |
| Christopher P Tuite |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 16, 2018. A more recent docket listing may be available from PACER.
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| CASE ELECTRONICALLY TRANSFERRED to Eastern District of Pennsylvania per CTO-1 re: MDL 2848. (AG) |
| Case transferred from Florida Middle has been opened in Eastern District of Pennsylvania as case 2:18-cv-20071, filed 08/16/2018. (AG) |
| Filing 19 MULTIDISTRICT LITIGATION panel order transferring case to: Eastern District of Pennsylvania MDL case number: 2848. (AG) |
| Filing 18 NOTICE by Merck & Co., Inc., Merck Sharp & Dohme Corp. re #17 Order (Filing Transfer Orders of the Judicial Panel on Multidistrict Litigation) (Attachments: #1 Exhibit A - Transfer Order, #2 Exhibit B - CTO)(Gerecke, Edward) |
Filing 17
ORDER: The Clerk is directed to STAY AND ADMINISTRATIVELY CLOSE this case, including all pending deadlines, until such time as the Panel has dispositively ruled as to whether this case will be transferred to another Court for consolidated multidistrict litigation. The parties shall immediately inform the Court when the Panel has made its final ruling. Signed by Judge Virginia M. Hernandez Covington on 8/13/2018. (DMD)
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| FEES paid by Janice Greene (Filing fee $400.00 receipt number TPA052382) (EA) |
| Filing 16 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Janice Greene. Related document: #2 Complaint filed by Janice Greene.(DeGisi, Carmen) |
| Filing 15 CERTIFICATE of interested persons and corporate disclosure statement by Janice Greene. (DeGisi, Carmen) |
| Filing 14 NOTICE of pendency of related cases re #5 Related case order and track 2 notice per Local Rule 1.04(d) by Janice Greene. Related case(s): Yes (DeGisi, Carmen) |
| Filing 13 STATUS report on Stay by Merck Sharp & Dohme Corp., Merck & Co., Inc.. (Gerecke, Edward) |
| Filing 12 CORPORATE Disclosure Statement by Merck & Co., Inc., Merck Sharp & Dohme Corp. identifying Corporate Parent Merck & Co., Inc. for Merck Sharp & Dohme Corp... (Gerecke, Edward) |
| Filing 11 NOTICE of pendency of related cases re #5 Related case order and track 2 notice per Local Rule 1.04(d) by Merck & Co., Inc., Merck Sharp & Dohme Corp.. Related case(s): yes (Gerecke, Edward) |
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Filing 10
ENDORSED ORDER: The parties are directed to file a status report by August 3, 2018, discussing whether this case should be stayed pending transfer for multidistrict litigation: MDL 2848 In re Zostavax. Signed by Judge Virginia M. Hernandez Covington on 7/27/2018. (DMD)
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| Filing 9 RESPONSE re 4 Order (Defendants' Joint Response) filed by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Attachments: #1 Exhibit 1)(Gerecke, Edward) |
| Filing 8 NOTICE of pendency of related cases per Local Rule 1.04(d) by McKesson Corp.. Related case(s): yes (Attachments: #1 Exhibit A)(Preston, Brett) |
| Filing 7 CORPORATE Disclosure Statement by McKesson Corp.. (Preston, Brett) |
| Filing 6 STIPULATION re 4 Order Regarding Amount in Controversy by Janice Greene. (DeGisi, Carmen) |
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Filing 5
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 7/20/2018. (SAO)
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Filing 4
ENDORSED ORDER: This case was opened on July 18, 2018, after Plaintiff Greene was severed from the multi-plaintiff case, Richardson et al v. Merck & Co., Inc. et al, 18-cv-1488. (Doc. #3 ). That case was removed to federal court on the basis of diversity jurisdiction. (Doc. #1 ). In the Complaint, Greene asserts various claims related to an allegedly defective shingles vaccine. (Doc. #2 ). The Complaint does not specify the amount of damages sought, and when "damages are unspecified, the removing party bears the burden of establishing the jurisdictional amount by a preponderance of the evidence." Lowery v. Ala. Power Co., 483 F.3d 1184, 1208 (11th Cir. 2007). In the Notice of Removal, Defendants assert the amount in controversy is met because Greene alleges she suffered from a painful shingles outbreak, which has "required extensive medical care and treatment" and caused Greene "severe and permanent personal injuries." (Doc. #1 at 7, 9). Defendants also emphasize various other products liability cases related to the same vaccine that have been removed to federal court. But neither the Complaint nor the Notice of Removal provide any details, such as medical costs or what permanent injuries have been incurred, to support that the amount in controversy for Greene's claim actually exceeds the $75,000 threshold. Accordingly, Defendants are directed to provide the Court more information regarding whether the amount in controversy has been satisfied by July 26, 2018. Signed by Judge Virginia M. Hernandez Covington on 7/18/2018. (DMD)
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Filing 3
ORDER severing the claims of misjoined plaintiffs; directing the clerk to OPEN nineteen cases (one for each plaintiff except Roslyn Budzinski, who remains the plaintiff in 8:18-cv-1488-T-23AEP) and to docket the items specified in this order. No later than 8/10/2018, the plaintiff in each action except Budzinski must pay the $400 filing fee or must move for leave to proceed in forma pauperis. Also, no later than 8/10/2018, each plaintiff (including Budzinski) must amend the complaint to omit the claims of each misjoined plaintiff Signed by Judge Steven D. Merryday on 7/17/2018. (KMM)
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| Filing 2 COMPLAINT against McKesson Corp., Merck & Co., Inc., Merck Sharp & Dohme Corp. filed by Janice Greene. Filed in State Court on 6/1/2018(KMM) |
| Filing 1 NOTICE OF REMOVAL from 13th Judicial Circuit, Hillsborough County, case number 2018-CA-005258 filed in State Court on 6/1/2018. filed by Merck Sharp & Dohme Corp., Merck & Co., Inc., McKesson Corp.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Civil Cover Sheet)(KMM) |
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