Erwin v. MERCK & CO., INC. et al
| Charles Erwin |
| MERCK & CO., INC., MERCK SHARP & DOHME CORP., ORGANON & CO. and ORGANON, LLC |
| 3:2022cv30035 |
| March 30, 2022 |
| US District Court for the District of Massachusetts |
| Mark G Mastroianni |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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| Filing 27 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #25 Motion for Leave to File Document ; 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. (Zamorski, Michael) |
| Filing 26 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #23 Motion for Leave to Appear Pro Hac Vice Added Kimberly Beck. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Zamorski, Michael) |
| Filing 25 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 24 Opposition re #14 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Charles Erwin. (Attachments: #1 Exhibit A)(Bliss, Paula) |
| Filing 23 MOTION for Leave to Appear Pro Hac Vice for admission of Kimberly Beck Filing fee: $ 100, receipt number AMADC-9322293 by Charles Erwin. (Attachments: #1 Exhibit A Affidavit)(Bliss, Paula) |
| Filing 22 ELECTRONIC NOTICE of Case Assignment. 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 Katherine A. Robertson. (Finn, Mary) |
| Filing 21 ELECTRONIC NOTICE of Reassignment. Judge Mark G. Mastroianni added. Judge Richard G. Stearns no longer assigned to case. (Finn, Mary) |
| Filing 20 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 19 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #18 Motion for Extension of Time to File Response re #14 Motion to Dismiss, but the court is not inclined to any further extension. (Pacho, Arnold) |
| Filing 18 MOTION for Extension of Time to 05/20/2022 to File Response/Reply as to #15 Memorandum in Support of Motion, #14 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by Charles Erwin.(Bliss, Paula) |
| Filing 17 RESPONSE TO COURT ORDER by MERCK & CO., INC., MERCK SHARP & DOHME CORP., ORGANON & CO., ORGANON, LLC re 16 Order,, Defendants L.R. 40.1(g)(5)(b) Certification. (Schaffer, Michelle) |
| Filing 16 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 15 MEMORANDUM in Support re #14 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by MERCK & CO., INC., MERCK SHARP & DOHME CORP., ORGANON & CO., ORGANON, LLC. (Attachments: #1 Exhibit Declaration of Margaret McCann, #2 Exhibit Salfi Declaration)(Schaffer, Michelle) |
| Filing 14 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by MERCK & CO., INC., MERCK SHARP & DOHME CORP., ORGANON & CO., ORGANON, LLC.(Schaffer, Michelle) |
| Filing 13 AFFIDAVIT OF SERVICE Executed by Charles Erwin. 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 Charles Erwin. (Bliss, Paula) |
| Filing 12 STATE COURT Record. (Schaffer, Michelle) |
| Filing 11 Remark - Case directly assigned to Judge Stearns due to being related to 22cv10474-RGS. (Finn, Mary) |
| Filing 10 Certified Copy of Notice of Removal Provided to Defense Counsel by Email...(Finn, Mary) |
| Filing 9 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 8 CORPORATE DISCLOSURE STATEMENT by ORGANON & CO.. (Schaffer, Michelle) |
| Filing 7 CORPORATE DISCLOSURE STATEMENT by ORGANON, LLC. (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 MERCK & CO., INC.. (Schaffer, Michelle) |
| Filing 4 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 3 NOTICE of Appearance by Michelle M. Byers on behalf of MERCK & CO., INC., MERCK SHARP & DOHME CORP., ORGANON & CO., ORGANON, LLC (Byers, Michelle) |
| Filing 2 Request for Judicial Notice by MERCK & CO., INC., MERCK SHARP & DOHME CORP., ORGANON & CO., ORGANON, LLC. (Attachments: #1 Exhibit 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-9250999 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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