Derr v. Merck & Co., Inc. et al
| Maeson Derr |
| Merck & Co, Inc. and Merck Sharp & Dohme |
| 3:2022cv00381 |
| August 11, 2022 |
| US District Court for the Western District of North Carolina |
| Charlotte Office |
| Robert J Conrad |
| David Keesler |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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Filing 28
ORDER of Administrative Close Out of Member Cases. Signed by District Judge Robert J. Conrad, Jr on 9/12/2022. (brl)
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| Filing 27 NOTICE of Appearance by Sally Wiest Bryan on behalf of Merck & Co, Inc., Merck Sharp & Dohme (Bryan, Sally) |
| NOTICE of Hearing: Pretrial Conference set for 10/11/2022 11:00 AM in Courtroom #8, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. This is your only notice - you will not receive a separate document.(brl) |
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Filing 26
FIRST PRETRIAL ORDER. Signed by District Judge Robert J. Conrad, Jr on 8/9/22. (rth)
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| Filing 25 Case transferred in from District of North Carolina Middle; Case Number 1:22-cv-00212. Original electronic file and docket sheet received. |
| Filing 24 MDL TRANSFER LETTER to individual courts and counsel of record re: Transfer Order transferring this action to WDNC. (Hicks, Samantha) [Transferred from North Carolina Middle on 8/11/2022.] |
| Filing 23 TRANSFER ORDER re: MDL 3036 transferring this action to the Western District of North Carolina for the reasons stated in the order of August 4, 2022. (Hicks, Samantha) [Transferred from North Carolina Middle on 8/11/2022.] |
| Case assigned to District Judge Robert J. Conrad, Jr and Magistrate Judge David Keesler. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(rth) |
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Filing 22
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 7/22/2022; that Plaintiff's motion for extension of time, (Doc. #21 ) is GRANTED and Plaintiff shall have to, and including, August 26, 2022, to file a response. (Sheets, Jamie) [Transferred from North Carolina Middle on 8/11/2022.]
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| Motion Submitted to JUDGE WILLIAM L. OSTEEN, JR., re: #21 Consent MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss Plaintiff's First Amended Complaint. (Daniel, J) [Transferred from North Carolina Middle on 8/11/2022.] |
| Filing 21 Consent MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss Plaintiff's First Amended Complaint by MAESON DERR. (Attachments: #1 Text of Proposed Order Granting Plaintiff's Consent Motion for Extension of Time to Respond to Motion to Dismiss) (MULLINS, ALLISON) [Transferred from North Carolina Middle on 8/11/2022.] |
| Filing 20 NOTICE of Special Appearance by attorney DINO S SANGIAMO on behalf of Defendants MERCK & CO., INC., MERCK SHARP & DOHME CORP. ( Filing fee $ 25 receipt number ANCMDC-3338705.) (SANGIAMO, DINO) [Transferred from North Carolina Middle on 8/11/2022.] |
| Filing 19 MEMORANDUM filed by Defendants MERCK & CO., INC., MERCK SHARP & DOHME CORP. re #18 MOTION to Dismiss Plaintiff's First Amended Complaint filed by MERCK & CO., INC., MERCK SHARP & DOHME CORP.. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit 1- 6/2014 Gardasil Prescribing Information, #3 Exhibit 2-Cleveland Clinic, POTS, #4 Exhibit 3-12/2014 Gardasil 9 Prescribing Information, #5 Exhibit 4-CDC, HPV Vaccine Safety Information, #6 Exhibit 5-NIH, National Cancer Institute, HPV Vaccines, #7 Exhibit 6- 9/12/2008 FDA Approval Letter, #8 Exhibit 7- 10/16/2009 FDA Approval Letter, #9 Exhibit 8- 12/22/2010 FDA Approval Letter, #10 Exhibit 9- 12/10/2014 FDA Approval Letter, #11 Exhibit 10- 12/14/2015 FDA Approval Letter, #12 Exhibit 11- 10/5/2018 FDA Approval Letter, #13 Exhibit 12- 6/12/2020 FDA Approval Letter, #14 Exhibit 13-CDC, When to Get HPV Vaccine, #15 Exhibit 14-CDC, Questions about HPV Vaccine Safety, #16 Exhibit 15-WHO, Safety Update of HPV Vaccines, #17 Exhibit 16-WHO, Global Strategy to Accelerate Elimination of Cervical Cancer, #18 Exhibit 17-EMA, Review Concludes Evidence Does Not Support that HPV Vaccines Cause CRPS or POTS, #19 Exhibit 18-FDA, Gardasil Vaccine Safety, #20 Exhibit 19-CDC, Vaccine Safety and Effectiveness Data, #21 Exhibit 20-FDA, FDA Information on Gardasil-Presence of DNA Fragments Expected, No Safety Risk)(EDWARDS, THEODORE) [Transferred from North Carolina Middle on 8/11/2022.] |
| Filing 18 MOTION to Dismiss Plaintiff's First Amended Complaint by MERCK & CO., INC., MERCK SHARP & DOHME CORP.. Response to Motion due by 8/5/2022 (EDWARDS, THEODORE) [Transferred from North Carolina Middle on 8/11/2022.] |
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Filing 17
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 7/15/2022; that Defendants' Motion to Dismiss, (Doc. #11 ), is DENIED WITHOUT PREJUDICE. (Sheets, Jamie) [Transferred from North Carolina Middle on 8/11/2022.]
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Filing 16
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 7/5/2022; that Plaintiff's motion for extension of time, (Doc. #13 ), is GRANTED and Plaintiff shall have until July 22, 2022, within which to respond to Defendants' Motion to Dismiss, (Doc. #11 .) (Sheets, Jamie) [Transferred from North Carolina Middle on 8/11/2022.]
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| Filing 15 First AMENDED COMPLAINT against defendant All Defendants, filed by MAESON DERR.(MULLINS, ALLISON) [Transferred from North Carolina Middle on 8/11/2022.] |
| Filing 14 NOTICE of Special Appearance by attorney DAVID S GRAY on behalf of Defendants MERCK & CO., INC., MERCK SHARP & DOHME CORP. ( Filing fee $ 25 receipt number ANCMDC-3331052.) (GRAY, DAVID) [Transferred from North Carolina Middle on 8/11/2022.] |
| Motion Referred to JUDGE WILLIAM L. OSTEEN, JR., re: #13 MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss. (Daniel, J) [Transferred from North Carolina Middle on 8/11/2022.] |
| Filing 13 MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss by MAESON DERR. (Attachments: #1 Text of Proposed Order (Proposed Order Granting Plaintiff's Motion for Extension of Time to Respond to Motion to Dismiss))(MULLINS, ALLISON) [Transferred from North Carolina Middle on 8/11/2022.] |
| Filing 12 MEMORANDUM filed by Defendants MERCK & CO., INC., MERCK SHARP & DOHME CORP. re #11 MOTION to Dismiss filed by MERCK & CO., INC., MERCK SHARP & DOHME CORP.. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit 1- 6/2014 Gardasil Prescribing Information, #3 Exhibit 2- 12/2014 Gardasil 9 Prescribing Information, #4 Exhibit 3-CDC, HPV Vaccine Safety Information, #5 Exhibit 4-Cleveland Clinic, POTS, #6 Exhibit 5- NIH, National Cancer Institute, HPV Vaccines, #7 Exhibit 6- 9/12/2008 FDA Approval Letter, #8 Exhibit 7- 10/16/2009 FDA Approval Letter, #9 Exhibit 8- 12/22/2010 FDA Approval Letter, #10 Exhibit 9- 12/10/2014 FDA Approval Letter, #11 Exhibit 10- 12/14/2015 FDA Approval Letter, #12 Exhibit 11- 10/5/2018 FDA Approval Letter, #13 Exhibit 12- 6/12/2020 FDA Approval Letter, #14 Exhibit 13-CDC, When to Get HPV Vaccine, #15 Exhibit 14-CDC, Questions about HPV Vaccine Safety, #16 Exhibit 15-WHO, Safety Update of HPV Vaccines, #17 Exhibit 16-WHO, Global Strategy to Accelerate Elimination of Cervical Cancer, #18 Exhibit 17-EMA, Review Concludes Evidence Does Not Support that HPV Vaccines Cause CRPS or POTS, #19 Exhibit 18-FDA, Gardasil Vaccine Safety, #20 Exhibit 19-CDC, Vaccine Safety and Effectiveness Data, #21 Exhibit 20-FDA, FDA Information on Gardasil-Presence of DNA Fragments Expected, No Safety Risk)(EDWARDS, THEODORE) [Transferred from North Carolina Middle on 8/11/2022.] |
| Filing 11 MOTION to Dismiss by MERCK & CO., INC., MERCK SHARP & DOHME CORP.. Response to Motion due by 7/1/2022 (EDWARDS, THEODORE) [Transferred from North Carolina Middle on 8/11/2022.] |
| Filing 10 Corporate Disclosure Statement by Defendants MERCK & CO., INC., MERCK SHARP & DOHME CORP.. (EDWARDS, THEODORE) [Transferred from North Carolina Middle on 8/11/2022.] |
| Filing 9 NOTICE of Attorney Appearance by attorney THEODORE C. EDWARDS, II on behalf of Defendants MERCK & CO., INC., MERCK SHARP & DOHME CORP. (EDWARDS, THEODORE) [Transferred from North Carolina Middle on 8/11/2022.] |
| Filing 8 WAIVER OF SERVICE Returned Executed by MAESON DERR. MERCK SHARP & DOHME CORP. waiver sent on 4/11/2022, answer due 6/10/2022. (Attachments: #1 Exhibit A - Waiver of Service)(MULLINS, ALLISON) [Transferred from North Carolina Middle on 8/11/2022.] |
| Filing 7 WAIVER OF SERVICE of SUMMONS by MAESON DERR. MERCK & CO., INC. waiver sent on 4/11/2022, answer due 6/10/2022. (Attachments: #1 Exhibit A - Waiver of Service)(MULLINS, ALLISON) [Transferred from North Carolina Middle on 8/11/2022.] |
| Case ASSIGNED to JUDGE WILLIAM L. OSTEEN, JR and MAG/JUDGE JOI ELIZABETH PEAKE. (Carter, Alexus) [Transferred from North Carolina Middle on 8/11/2022.] |
| Filing 6 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form) (Carter, Alexus) [Transferred from North Carolina Middle on 8/11/2022.] |
| Filing 5 Summons Issued as to All Defendants. (Attachments: #1 Summons - MERCK SHARP & DOHME CORP.) (Carter, Alexus) [Transferred from North Carolina Middle on 8/11/2022.] |
| Filing 4 NOTICE of Attorney Appearance by attorney HILLARY M. KIES on behalf of Plaintiff MAESON DERR (KIES, HILLARY) [Transferred from North Carolina Middle on 8/11/2022.] |
| Filing 3 NOTICE of Attorney Appearance by attorney LESLIE COOPER HARRELL on behalf of Plaintiff MAESON DERR (HARRELL, LESLIE) [Transferred from North Carolina Middle on 8/11/2022.] |
| Filing 2 NOTICE of Attorney Appearance by attorney ALLISON MULLINS on behalf of Plaintiff MAESON DERR (MULLINS, ALLISON) [Transferred from North Carolina Middle on 8/11/2022.] |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ANCMDC-3261176.), filed by MAESON DERR.(MULLINS, ALLISON) [Transferred from North Carolina Middle on 8/11/2022.] |
| CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Carter, Alexus) [Transferred from North Carolina Middle on 8/11/2022.] |
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