McLaughlin v. Merck & Co., Inc. et al
| Richard McLaughlin |
| Merck & Co., Inc., Merck Sharp & Dohme Corp., Organon & Co. and Organon, LLC |
| 4:2022cv40041 |
| April 11, 2022 |
| US District Court for the District of Massachusetts |
| Timothy S Hillman |
| Richard G Stearns |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on March 31, 2023. A more recent docket listing may be available from PACER.
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| Filing 30 MOTION for Leave to Appear Pro Hac Vice for admission of Stephen E. Marshall Filing fee: $ 100, receipt number AMADC-9360097 by Merck & Co., Inc., Merck Sharp & Dohme Corp., Organon & Co., Organon, LLC. (Attachments: #1 Exhibit Certification of Stephen E. Marshall in Support of Motion for Admission pro hac vice)(Byers, Michelle) |
| Filing 29 ELECTRONIC NOTICE Setting Hearing on Motion #16 MOTION to Dismiss for Lack of Jurisdiction : Motion Hearing set for 7/19/2022 11:45 AM in Courtroom 2 - Worcester (Remote only) before District Judge Timothy S. Hillman. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Castles, Martin) |
| Filing 28 MOTION for Leave to Appear Pro Hac Vice for admission of Lynne M. Kizis Filing fee: $ 100, receipt number AMADC-9357228 by Richard McLaughlin. (Attachments: #1 Exhibit 1 Affidavit)(Bliss, Paula) |
| Filing 27 REPLY to Response to #16 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 Leave Granted on May 26, 2022 filed by Merck & Co., Inc., Merck Sharp & Dohme Corp., Organon & Co., Organon, LLC. (Schaffer, Michelle) |
| Filing 26 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #22 Motion for Leave to File Reply. 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. (Castles, Martin) |
| Filing 25 NOTICE of Appearance by Kimberly Lewis Beck on behalf of Richard McLaughlin (Beck, Kimberly) |
| Filing 24 District Judge Timothy S. Hillman: 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 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. (Burgos, Sandra) |
| Filing 23 MOTION for Leave to Appear Pro Hac Vice for admission of Kimberly Beck Filing fee: $ 100, receipt number AMADC-9322314 by Richard McLaughlin. (Attachments: #1 Exhibit A Affidavit)(Bliss, Paula) |
| Filing 22 MOTION for Leave to File A Reply to Plaintiff's Opposition to Defendants Merck & Co., Inc., Merck Sharp & Dohme Corp., Organon & Co., and Organon, LLC's Motion to Dismiss by Merck & Co., Inc., Merck Sharp & Dohme Corp., Organon & Co., Organon, LLC.(Schaffer, Michelle) |
| Filing 21 Opposition re #16 MOTION to Dismiss for Lack of Jurisdiction filed by Richard McLaughlin. (Attachments: #1 Exhibit A)(Bliss, Paula) |
| Filing 20 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 David H. Hennessy. (Finn, Mary) |
| Filing 19 ELECTRONIC NOTICE of Reassignment. District Judge Timothy S. Hillman added. Judge Richard G. Stearns no longer assigned to case. (Finn, Mary) |
| Filing 18 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 17 MEMORANDUM in Support re #16 MOTION to Dismiss for Lack of Jurisdiction filed by Merck & Co., Inc., Merck Sharp & Dohme Corp., Organon & Co., Organon, LLC. (Attachments: #1 Exhibit Salfi Declaration, #2 Exhibit Declaration of Margaret McCann, #3 Exhibit Order, Whaley v. Merck & Co., Inc. et al.)(Schaffer, Michelle) |
| Filing 16 MOTION to Dismiss for Lack of Jurisdiction by Merck & Co., Inc., Merck Sharp & Dohme Corp., Organon & Co., Organon, LLC.(Schaffer, Michelle) |
| 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 12 Order, Defendants L.R. 40.1(g)(5)(b) Certification. (Schaffer, Michelle) |
| Filing 13 NOTICE of Appearance by Michelle M. Byers on behalf of Merck & Co., Inc., Merck Sharp & Dohme Corp., Organon & Co., Organon, LLC (Byers, Michelle) |
| Filing 12 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 19, 2022. The court notes that common questions of law and some of the same parties are insufficient for related case status. L.R. 40.1(g)(3).(Zierk, Marsha) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT by Organon, LLC identifying Corporate Parent Organon & Co. for Organon, LLC.. (Schaffer, Michelle) |
| Filing 10 CORPORATE DISCLOSURE STATEMENT by Merck Sharp & Dohme Corp. identifying Corporate Parent Merck & Co., Inc. for Merck Sharp & Dohme Corp... (Schaffer, Michelle) |
| Filing 9 CORPORATE DISCLOSURE STATEMENT by Organon & Co.. (Schaffer, Michelle) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT by Merck & Co., Inc.. (Schaffer, Michelle) |
| Filing 7 Request for Judicial Notice 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) |
| Filing 6 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 Judith G. Dein. (Finn, Mary) |
| Filing 5 Certified Copy of Notice of Removal Provided to Defense Counsel by Email.(Burgos, Sandra) |
| Filing 4 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 3 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 2 Declaration of Michelle I. Schaffer in Support of Defendants Merck & Co., Inc., Merck Sharp & Dohme Corp., Organon & Co., and Organon, LLCs Notice of Removal Under 28 U.S.C. 1441(B). (Attachments: #1 Exhibit Complaint, #2 Exhibit New Jersey State Treasurers Status Report for Merck & Co., Inc., #3 Exhibit Merck Sharp & Dohme Corp.s Business Entity Summary, #4 Exhibit New Jersey State Treasurers Status Report for Organon & Co., #5 Exhibit Business Entity Summary for Organon, LLC, #6 Civil Cover Sheet, #7 Exhibit Category Form)(Schaffer, Michelle) Modified on 4/11/2022 (Burgos, Sandra). |
| Filing 1 NOTICE OF REMOVAL by Merck & Co., Inc., Merck Sharp & Dohme Corp., Organon & Co., Organon, LLC ( Filing fee: $ 402, receipt number AMADC-9268626 Fee Status: Filing Fee paid) (Schaffer, Michelle) |
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