Baiona v. Merck & Co., Inc. et al
| Hannah Baiona |
| Merck & Co., Inc., Merck Sharp & Dohme Corp., ORGANON & CO. and ORGANON, LLC |
| 1:2022cv10474 |
| March 30, 2022 |
| US District Court for the District of Massachusetts |
| Richard G Stearns |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on May 23, 2022. A more recent docket listing may be available from PACER.
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| Filing 25 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #24 Motion for Leave to File Document. Defendants have until May 31, 2022 to file a Reply. The Reply must not exceed ten (10) pages in length.Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, law2) |
| Filing 24 MOTION for Leave to File Unopposed Motion for Leave to File a Reply in Support of Defendants Merck & Co., Inc., Merck Sharp & Dohme Corp., Organon & Co., And Organon, LLCs Motion to Dismiss by Merck & Co., Inc., Merck Sharp & Dohme Corp., ORGANON & CO., ORGANON, LLC.(Schaffer, Michelle) |
| Filing 23 MEMORANDUM in Opposition re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants Merck & Co., Inc., Merck Sharp & Dohme, Corp., Organon & Co., and Organon LLCs Motion to Dismiss filed by Hannah Baiona. (Beck, Kimberly) |
| Filing 22 NOTICE of Appearance by Kimberly Lewis Beck on behalf of Hannah Baiona (Beck, Kimberly) |
| Filing 21 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #20 Motion for Leave to Appear Pro Hac Vice. Added Kimberly Beck. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Pacho, Arnold) |
| Filing 20 MOTION for Leave to Appear Pro Hac Vice for admission of Kimberly Beck Filing fee: $ 100, receipt number AMADC-9321562 by Hannah Baiona. (Attachments: #1 Exhibit A Affidavit)(Bliss, Paula) |
| Filing 19 Judge Richard G. Stearns: ELECTRONIC ORDER entered. The factual disparities among individual plaintiffs' cases -- broad differences in the time periods and frequencies during which plaintiffs were prescribed SINGULAR or its generic (dating from 2000 to 2020), the intervening changes in the contents of the published warnings during that same time span, the predictable differences on issues of individual damages and causation -- fails the related civil cases standard set out in D. Mass. LR 40.1. (There are no circumstances that the court can envision that would allow a joint trial of the cases filed thus far). Accordingly, the court will return all but the first-filed case, Baiona v. Merck & Co., Inc., 22-10474-RGS, to the Clerk to be redrawn. The court will, once the cases are reassigned, entertain a motion for consolidation of the cases for purposes of discovery related to common factual issues, as well as issues that are purely a matter of law, on agreement of the parties and the district court judges to whom the cases are assigned. Associated Cases: 1:22-cv-10474-RGS et al.(Zierk, Marsha) |
| Filing 18 Response by Hannah Baiona . (Bliss, Paula) |
| Filing 17 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #16 Motion for Extension of Time to May 20, 2022 to File Response re #12 Motion to Dismiss, but the court is not inclined to any further extension. (Pacho, Arnold) |
| Filing 16 MOTION for Extension of Time to 05/20/2022 to File Response/Reply as to #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants Merck & Co., Inc., Merck Sharp & Dohme, Corp., Organon & Co., and Organon LLCs Motion to Dismiss, #13 Memorandum in Support of Motion, by Hannah Baiona.(Bliss, Paula) |
| Filing 15 Judge Richard G. Stearns: ELECTRONIC ORDER entered. The court has questions as to whether the cases which defendant Merck & Co., Inc., along with its co-defendants Merck Sharp & Dohme Corp., Organon & Co., and Organon, LLC, have removed from state court to federal court satisfy the definition of "related civil case." See D. Mass. L.R. 40.1(g)(1). Before deciding the issue, the court will provide plaintiffs' counsel with an opportunity to respond to defendants' certification statement. The court directs counsel to file a response by April 25, 2022, in the first filed case, Baiona v. Merck & Co., Inc., et al., 22-cv-10474-RGS. (Zierk, Marsha) |
| Filing 14 STATE COURT Record. (Schaffer, Michelle) |
| Filing 13 MEMORANDUM in Support re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants Merck & Co., Inc., Merck Sharp & Dohme, Corp., Organon & Co., and Organon LLCs Motion to Dismiss Memorandum of Law in Support of Defendants Merck & Co., Inc., Merck Sharp & Dohme, Corp., Organon & Co., and Organon LLCs Motion to Dismiss filed by Merck & Co., Inc., Merck Sharp & Dohme Corp., ORGANON & CO., ORGANON, LLC. (Schaffer, Michelle) |
| Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants Merck & Co., Inc., Merck Sharp & Dohme, Corp., Organon & Co., and Organon LLCs Motion to Dismiss by Merck & Co., Inc., Merck Sharp & Dohme Corp., ORGANON & CO., ORGANON, LLC.(Schaffer, Michelle) |
| Filing 11 AFFIDAVIT OF SERVICE Executed by Hannah Baiona. Merck & Co., Inc. served on 3/15/2022, answer due 4/5/2022; Merck Sharp & Dohme Corp. served on 3/21/2022, answer due 4/11/2022; ORGANON & CO. served on 3/15/2022, answer due 4/5/2022; ORGANON, LLC served on 3/21/2022, answer due 4/11/2022. Acknowledgement filed by Hannah Baiona. (Bliss, Paula) |
| Filing 10 CORPORATE DISCLOSURE STATEMENT by ORGANON, LLC identifying Corporate Parent ORGANON & CO. for ORGANON, LLC.. (Schaffer, Michelle) |
| Filing 9 CORPORATE DISCLOSURE STATEMENT by ORGANON & CO.. (Schaffer, Michelle) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT by Merck Sharp & Dohme Corp. identifying Corporate Parent Merck & Co., Inc. for Merck Sharp & Dohme Corp... (Schaffer, Michelle) |
| Filing 7 CORPORATE DISCLOSURE STATEMENT by Merck & Co., Inc.. (Schaffer, Michelle) |
| Filing 6 NOTICE of Appearance by Michelle M. Byers on behalf of Merck & Co., Inc., Merck Sharp & Dohme Corp., ORGANON & CO., ORGANON, LLC (Byers, Michelle) |
| Filing 5 NOTICE by Merck & Co., Inc., Merck Sharp & Dohme Corp., ORGANON & CO., ORGANON, LLC Defendants Merck & Co., Inc., Merck Sharp & Dohme, Corp., Organon & Co., and Organon LLCs Notice of Compliance With 28 U.S.C 1446(D) (Attachments: #1 Exhibit State Court Notice of Removal)(Schaffer, Michelle) |
| Filing 4 Certified Copy of Notice of Removal Provided to Defense Counsel by Email (Warnock, Douglas) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Finn, Mary) |
| Filing 2 Request for Judicial Notice by Merck & Co., Inc., Merck Sharp & Dohme Corp., ORGANON & CO., ORGANON, LLC. (Attachments: #1 Affidavit Declaration of Michelle I. Schaffer)(Schaffer, Michelle) |
| Filing 1 NOTICE OF REMOVAL by Merck & Co., Inc., Merck Sharp & Dohme Corp., ORGANON & CO., ORGANON, LLC ( Filing fee: $ 402, receipt number AMADC-9250180 Fee Status: Filing Fee paid) (Attachments: #1 Affidavit Declaration of Michelle I. Schaffer in Support of Defendants' Notice of Removal, #2 Exhibit Complaint, #3 Exhibit New Jersey State Treasurer's Status Report of Merck & Co., Inc., #4 Exhibit Merck Sharp & Dohme Corp.'s Business Entity Summary, #5 Exhibit New Jersey Stat Treasurer's Status Report for Organon & Co., #6 Exhibit Business Entity Summary for Organon, LLC, #7 Civil Cover Sheet, #8 Category Form)(Schaffer, Michelle) (Attachment 7 replaced on 3/30/2022 to include attorney's signature) (Warnock, Douglas). |
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