Thomas v. Merck & Co, Inc. et al
| Mark Thomas |
| Merck & Co, Inc. and Merck Sharp & Dohme |
| 3:2022cv00392 |
| August 11, 2022 |
| US District Court for the Western District of North Carolina |
| Robert J Conrad |
| David Keesler |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 13, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 32
ORDER of Administrative Close Out of Member Cases. Signed by District Judge Robert J. Conrad, Jr on 9/12/2022. (brl)
|
| Filing 31 NOTICE of Appearance by Sally Wiest Bryan on behalf of Merck & Co, Inc., Merck Sharp & Dohme (Bryan, Sally) |
| Filing 30 NOTICE of Appearance by Dino S. Sangiamo on behalf of Merck & Co, Inc., Merck Sharp & Dohme (Sangiamo, Dino) |
|
Filing 29
FIRST PRETRIAL ORDER. Signed by District Judge Robert J. Conrad, Jr on 8/9/22. (rth)
|
| 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) |
| Filing 28 Case transferred in from District of Florida Southern; Case Number 9:22-cv-80445. Original electronic file and docket sheet received. |
| Filing 27 TRANSFER ORDER transferring case to the Western District of North Carolina re: MDL 3036 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Robert J. Conrad, Jr.. (Signed by Karen K. Caldwell, Chair). (pes) [Transferred from Florida Southern on 8/11/2022.] |
| Civil Case Terminated per DE #27 Order. Closing Case. (pes) [Transferred from Florida Southern 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) |
|
Filing 26
PAPERLESS ORDER: This matter is before the Court sua sponte. In light of the Transfer Order [DE 25], in which the panel on multidistrict litigation is transferring several cases (including the instant case) to the Western District of North Carolina for coordinated or consolidated pretrial proceedings, it is hereby ORDERED that the scheduling conference currently scheduled for August 9, 2022 is hereby CANCELED. Signed by Magistrate Judge William Matthewman on 8/8/2022. (cpe) [Transferred from Florida Southern on 8/11/2022.]
|
| Filing 25 Courtesy Copy of TRANSFER ORDER transferring case to the Western District of North Carolina re: MDL 3036 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Robert J. Conrad, Jr. (Signed by Karen K. Caldwell, Chair). (pes)[Awaiting Certified Order] [Transferred from Florida Southern on 8/11/2022.] |
|
Filing 24
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 8/9/2022 at 2:00 PM in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). Any motions to modify the existing trial date should be filed two (2) business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)'s conference report requirement. Signed by Magistrate Judge William Matthewman on 7/21/2022. (cpe) [Transferred from Florida Southern on 8/11/2022.]
|
|
Filing 23
ORDER granting in part #8 Motion to Continue. Calendar Call set for 3/8/2023 at 1:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. Trial set for 3/13/2023 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. This case is hereby REFERRED to Judge Matthewman for a Scheduling Conference. Signed by Judge Donald M. Middlebrooks on 7/20/2022. See attached document for full details. (pes) [Transferred from Florida Southern on 8/11/2022.]
|
| Filing 22 Clerk's Notice of Docket Correction re #21 Order on Motion to Stay. Document Replaced Due to Error; The correct document has been attached to this notice. (pes) [Transferred from Florida Southern on 8/11/2022.] |
|
Filing 21
ORDER denying #9 Motion to Stay. Signed by Judge Donald M. Middlebrooks on 7/20/2022. See attached document for full details. (pes) (Main Document 21 replaced on 7/21/2022) (pes). [Transferred from Florida Southern on 8/11/2022.]
|
| Filing 20 REPLY to Response to Motion re #8 MOTION to Continue or Modify the Trial Date re #5 Order Referring Case to Magistrate Judge,,, Scheduling Order,, 6 Order,,,,, Set/Reset Hearings,,,, filed by Mark Thomas. (Schlein, Mark) [Transferred from Florida Southern on 8/11/2022.] |
| Filing 19 RESPONSE to Motion re #8 MOTION to Continue or Modify the Trial Date re #5 Order Referring Case to Magistrate Judge,,, Scheduling Order,, 6 Order,,,,, Set/Reset Hearings,,,, filed by Merck & Co, Inc., Merck Sharp & Dohme Corp.. Replies due by 7/12/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Walz, David) [Transferred from Florida Southern on 8/11/2022.] |
| Filing 18 RESPONSE to Motion re #9 MOTION to Stay - Opposition to Plaintiff's Motion to Stay Action Pending MDL Ruling in MDL No. 3036 in re Gardasil Products Liability Litigation filed by Merck & Co, Inc., Merck Sharp & Dohme Corp.. Replies due by 7/12/2022. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Walz, David) [Transferred from Florida Southern on 8/11/2022.] |
| Filing 17 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Merck & Co, Inc., Merck Sharp & Dohme Corp.. Attorney David J. Walz added to party Merck & Co, Inc.(pty:dft), Attorney David J. Walz added to party Merck Sharp & Dohme Corp.(pty:dft). (Walz, David) [Transferred from Florida Southern on 8/11/2022.] |
| Filing 16 WAIVER OF SERVICE Returned Executed by Mark Thomas. Merck Sharp & Dohme Corp. waiver sent on 5/11/2022, response/answer due 7/11/2022. (Schlein, Mark) [Transferred from Florida Southern on 8/11/2022.] |
| Filing 15 WAIVER OF SERVICE Returned Executed by Mark Thomas. Merck & Co, Inc. waiver sent on 5/11/2022, response/answer due 7/11/2022. (Schlein, Mark) [Transferred from Florida Southern on 8/11/2022.] |
|
Filing 14
PAPERLESS ORDER granting #13 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Bijan Esfandiari. Signed by Judge Donald M. Middlebrooks on 5/3/2022. (kal) [Transferred from Florida Southern on 8/11/2022.]
|
| Filing 13 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Bijan Esfandiari. Filing Fee $ 200.00 Receipt # AFLSDC-15603142 by Mark Thomas. Responses due by 5/13/2022 (Attachments: #1 Certification of Bijan Esfandiari, #2 Text of Proposed Order)(Schlein, Mark) [Transferred from Florida Southern on 8/11/2022.] |
|
Filing 12
PAPERLESS ORDER denying without prejudice #11 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Bijan Esfandiari. The Pro Hac Vice attorney did not include contact information in their motion, pursuant to AO 2005-38. Accordingly, the motion is denied without prejudice. Signed by Judge Donald M. Middlebrooks on 4/29/2022. (kal) [Transferred from Florida Southern on 8/11/2022.]
|
| Filing 11 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Bijan Esfandiari. Pay.gov Agency Tracking ID FLSDC-15597774. Filing Fee $ 200.00 by Mark Thomas. Responses due by 5/12/2022 (Attachments: #1 Certification of Bijan Esfandiari, #2 Text of Proposed Order)(Schlein, Mark) [Transferred from Florida Southern on 8/11/2022.] |
| Filing 10 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 4/28/2022. Plaintiff's counsel was only present. The Court directed Plaintiff's counsel to immediately serve the Defendants. The Court discussed the pending motions. The Court adjourned the Scheduling Conference for a further hearing. Total time in court: 10 minutes. Attorney Appearance(s): Mark Herbert Schlein, Bijan Esfandiari. (Digital 14:29:55) (kza) [Transferred from Florida Southern on 8/11/2022.] |
| Filing 9 MOTION to Stay by Mark Thomas. Responses due by 5/11/2022 (Attachments: #1 Text of Proposed Order)(Schlein, Mark) [Transferred from Florida Southern on 8/11/2022.] |
| Filing 8 MOTION to Continue or Modify the Trial Date re #5 Order Referring Case to Magistrate Judge,,, Scheduling Order,, 6 Order,,,,, Set/Reset Hearings,,,, by Mark Thomas. Responses due by 5/10/2022 (Attachments: #1 Text of Proposed Order)(Schlein, Mark) [Transferred from Florida Southern on 8/11/2022.] |
| Filing 7 NOTICE of Attorney Appearance by Mark Herbert Schlein on behalf of Mark Thomas. Attorney Mark Herbert Schlein added to party Mark Thomas(pty:pla). (Schlein, Mark) [Transferred from Florida Southern on 8/11/2022.] |
|
Filing 6
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 4/28/2022 at 2:30 PM in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). Any motions to modify the existing trial date should be filed two (2) business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)'s conference report requirement. Signed by Magistrate Judge William Matthewman on 4/21/2022. (cpe) [Transferred from Florida Southern on 8/11/2022.]
|
|
Filing 5
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 12/19/2022 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 12/14/2022 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 4/20/2022. See attached document for full details. (drz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. [Transferred from Florida Southern on 8/11/2022.]
|
| Filing 4 Bar Letter re: Admissions sent to attorney Bijan Esfandiari, Michael L. Baum, Robert F. Kennedy, Jr., mailing date March 21, 2022, (pt) [Transferred from Florida Southern on 8/11/2022.] |
| Filing 3 Summons Issued as to Merck & Co, Inc., Merck Sharp & Dohme Corp. (drz) [Transferred from Florida Southern on 8/11/2022.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (drz) [Transferred from Florida Southern on 8/11/2022.] |
| Filing 1 COMPLAINT against Merck & Co, Inc., Merck Sharp & Dohme Corp.. Filing fees $ 402.00 receipt number AFLSDC-15491058, filed by Mark Thomas. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Maldonado, Nicole) [Transferred from Florida Southern on 8/11/2022.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
