Barnes v. Merck & Co., Inc., et al
| Angela Barnes |
| Merck & Co., Inc.,, Merck Sharp & Dohme Corp., Organon & Co. and Organon, LLC |
| 1:2022cv10496 |
| April 4, 2022 |
| US District Court for the District of Massachusetts |
| Nathaniel M Gorton |
| Richard G Stearns |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on January 4, 2023. A more recent docket listing may be available from PACER.
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| Filing 27 SUR-REPLY to Motion re #12 MOTION to Dismiss for Lack of Jurisdiction , #25 MOTION for Leave to File Sur-Reply in Opposition to Defendants' Motion to Dismiss filed by Angela Barnes. (Beck, Kimberly) |
| Filing 26 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #25 MOTION for Leave to File Sur-Reply in Opposition to Defendants' Motion to Dismiss ; 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. (Warnock, Douglas) |
| Filing 25 MOTION for Leave to File Sur-Reply in Opposition to Defendants' Motion to Dismiss by Angela Barnes.(Beck, Kimberly) |
| Filing 24 NOTICE of Appearance by Kimberly Lewis Beck on behalf of Angela Barnes (Beck, Kimberly) |
| Filing 23 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #22 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. (Warnock, Douglas) |
| Filing 22 MOTION for Leave to Appear Pro Hac Vice for admission of Kimberly Beck Filing fee: $ 100, receipt number AMADC-9321995 by Angela Barnes. (Attachments: #1 Exhibit A Affidavit)(Bliss, Paula) |
| Filing 21 REPLY to Response to #12 MOTION to Dismiss for Lack of Jurisdiction REPLY 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 20 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #19 MOTION for Leave to File Motion for Leave to File a Reply in Response to Plaintiffs Opposition to Defendants Motion to Dismiss ; 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. (Warnock, Douglas) |
| Filing 19 MOTION for Leave to File Motion for Leave to File a Reply in Response to Plaintiffs Opposition to Defendants Motion to Dismiss by Merck & Co., Inc.,, Merck Sharp & Dohme Corp., Organon & Co., Organon, LLC.(Schaffer, Michelle) |
| Filing 18 ELECTRONIC NOTICE of Reassignment. Judge Nathaniel M. Gorton added. Judge Richard G. Stearns no longer assigned to case. (Finn, Mary) |
| Filing 17 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 16 Opposition re #12 MOTION to Dismiss for Lack of Jurisdiction filed by Angela Barnes. (Attachments: #1 Exhibit A)(Bliss, Paula) |
| Filing 15 STATE COURT Record. (Schaffer, Michelle) |
| Filing 14 RESPONSE TO COURT ORDER by Merck & Co., Inc.,, Merck Sharp & Dohme Corp., Organon & Co., Organon, LLC re 11 Order,, Defendants L.R. 40.1(g)(5)(b) Certification. (Schaffer, Michelle) |
| Filing 13 MEMORANDUM in Support re #12 MOTION to Dismiss for Lack of Jurisdiction filed by Merck & Co., Inc.,, Merck Sharp & Dohme Corp., Organon & Co., Organon, LLC. (Attachments: #1 1 - McCann Declaration, #2 2 - Salfi Declaration)(Schaffer, Michelle) |
| Filing 12 MOTION to Dismiss for Lack of Jurisdiction by Merck & Co., Inc.,, Merck Sharp & Dohme Corp., Organon & Co., Organon, LLC.(Schaffer, Michelle) |
| Filing 11 Judge Richard G. Stearns: ELECTRONIC ORDER entered. To file this as a case related to 22-10474, removal counsel is required to file a certification pursuant to D. Mass. L.R. 40.1(g)(5)(B) that this matter meets the definition of related case. See L.R. 40.1(g). The certification must be filed no later than April 14, 2022. The court notes that common questions of law and some of the same parties are insufficient bases for related case status. L.R. 40.1(g)(3).Associated Cases: 1:22-cv-10496-RGS, 1:22-cv-10489-RGS, 1:22-cv-10511-RGS, 3:22-cv-30035-RGS(Zierk, Marsha) |
| Filing 10 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 Exh A - Norfolk Superior Notice of Removal)(Schaffer, Michelle) |
| Filing 9 Certified Copy of Notice of Removal Provided to Defense Counsel by Email (de Oliveira, Flaviana) |
| Filing 8 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 7 CORPORATE DISCLOSURE STATEMENT by Merck & Co., Inc.,. (Schaffer, Michelle) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT by Merck Sharp & Dohme Corp. identifying Corporate Parent Merck & Co., Inc. for Merck Sharp & Dohme Corp... (Schaffer, Michelle) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT by Organon & Co.. (Schaffer, Michelle) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT by Organon, LLC identifying Corporate Parent ORGANON & CO. for Organon, LLC.. (Schaffer, Michelle) |
| Filing 3 Request for Judicial Notice in Support of Defendants Merck & Co., Inc., Merck Sharp & Dohme Corp., Organon & Co., and Organon, LLCs Notice of Removal and Removal of Action by Merck & Co., Inc.,, Merck Sharp & Dohme Corp., Organon & Co., Organon, LLC. (Schaffer, Michelle). (Additional attachment(s) added upon request of counsel on 4/6/2022: #1 Exhibit A - Declaration of M. Schaffer, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5) (Warnock, Douglas). |
| Filing 2 NOTICE of Appearance by Michelle M. Byers on behalf of Merck & Co., Inc.,, Merck Sharp & Dohme Corp., Organon & Co., Organon, LLC (Byers, Michelle) |
| Filing 1 NOTICE OF REMOVAL by Merck & Co., Inc.,, Merck Sharp & Dohme Corp., Organon & Co., Organon, LLC ( Filing fee: $ 402, receipt number AMADC-9257594 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 State Treasurer's Status Report for Organon & Co., #6 Exhibit Business Entity Summary for Organon, LLC, #7 Civil Cover Sheet, #8 Category Form)(Schaffer, Michelle) |
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