Wingerter et al v. Merck & Co., Inc. et al
| Ken Wingerter and Shaun Wingerter |
| Merck & Co, Inc. and Merck Sharp & Dohme |
| 3:2022cv00402 |
| August 12, 2022 |
| US District Court for the Western District of North Carolina |
| Charlotte Office |
| Robert J Conrad |
| David Keesler |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 13, 2022. A more recent docket listing may be available from PACER.
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Filing 33
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 32 NOTICE of Appearance by Sally Wiest Bryan on behalf of Merck & Co, Inc., Merck Sharp & Dohme (Bryan, Sally) |
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Filing 31
FIRST PRETRIAL ORDER. Signed by District Judge Robert J. Conrad, Jr on 8/9/22. (rth)
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| 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 30 Case transferred in from District of Georgia Northern; Case Number 1:22-cv-01178. Original electronic file and docket sheet received. |
| 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 29 Certified Copy of TRANSFER ORDER from the Judicial Panel on Multidistrict Litigation transferring action to the Western District of North Carolina for inclusion in MDL 3036. (adg) [Transferred from Georgia Northern on 8/15/2022.] |
| Case electronically transferred to USDC Western District of North Carolina (adg) [Transferred from Georgia Northern on 8/15/2022.] |
| Civil Case Terminated. (adg) [Transferred from Georgia Northern on 8/15/2022.] |
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Filing 28
ORDER granting #27 Unopposed MOTION for Extension of Time Respond to Defendants' #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the First Amended Complaint. The deadline for Plaintiffs to respond to Defendants' Motion to Dismiss is extended by ten days, to August 15, 2022. Signed by Judge Sarah E. Geraghty on 8/02/2022. (rsg) [Transferred from Georgia Northern on 8/15/2022.]
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| Filing 27 Unopposed MOTION for Extension of Time Respond to Defendants' Motion to Dismiss re: #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the First Amended Complaint by Ken Wingerter, Shaun Wingerter. (Attachments: #1 Text of Proposed Order)(Coffin, Christopher) [Transferred from Georgia Northern on 8/15/2022.] |
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MINUTE ORDER: Defendants previously filed a #11 Motion to Dismiss addressed to Plaintiffs' original #1 Complaint. The original Complaint has now been superseded by Plaintiffs' #22 Amended Complaint, and Defendants have accordingly filed a new #26 Motion to Dismiss directed at the Amended Complaint. The first #11 Motion to Dismiss is therefore DENIED AS MOOT. Signed by Judge Sarah E. Geraghty on 7/28/2022. (sap) [Transferred from Georgia Northern on 8/15/2022.]
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| Submission of #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to District Judge Sarah E. Geraghty. (Amended Complaint filed at doc. #22 )(sap) [Transferred from Georgia Northern on 8/15/2022.] |
| Filing 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the First Amended Complaint with Brief In Support by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Attachments: #1 Brief in Support of Motion to Dismiss, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20)(Woodhouse, Samuel) [Transferred from Georgia Northern on 8/15/2022.] |
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Filing 25
ORDER granting #19 Application for Admission of Christian A Coward Pro Hac Vice. Signed by Judge Sarah E. Geraghty on 07/12/2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rsg) [Transferred from Georgia Northern on 8/15/2022.]
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Filing 24
ORDER granting #17 Application for Admission of Dino Sangiamo Pro Hac Vice. Signed by Judge Sarah E. Geraghty on 07/12/2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rsg) [Transferred from Georgia Northern on 8/15/2022.]
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| Clerk's Certificate of Mailing as to Dino Sangiamo re #24 Order on Application for Admission PHV. (rsg) [Transferred from Georgia Northern on 8/15/2022.] |
| Clerk's Certificate of Mailing as to Christian A Coward re #25 Order on Application for Admission PHV. (rsg) [Transferred from Georgia Northern on 8/15/2022.] |
| APPROVAL by Clerks Office re: #19 APPLICATION for Admission of Christian A Coward Pro Hac Vice.. Attorney Christian A. Coward added appearing on behalf of Merck & Co., Inc., Merck Sharp & Dohme Corp. (gas)[Transferred from Georgia Northern on 8/15/2022.] |
| APPROVAL by Clerks Office re: #17 APPLICATION for Admission of Dino Sangiamo Pro Hac Vice.. Attorney Dino S. Sangiamo added appearing on behalf of Merck & Co., Inc., Merck Sharp & Dohme Corp. (gas)[Transferred from Georgia Northern on 8/15/2022.] |
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Filing 23
ORDER granting #20 Motion for Extension of Time re #11 Amended Motion to Dismiss. Plaintiffs will have up to and including July 22, 2022, to file their response to Defendants' Amended Motion to Dismiss. Signed by Judge Sarah E. Geraghty on 07/07/2022. (rsg) [Transferred from Georgia Northern on 8/15/2022.]
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| Filing 22 AMENDED COMPLAINT against Merck & Co., Inc., Merck Sharp & Dohme Corp.with Jury Demand filed by Shaun Wingerter, Ken Wingerter.(Coffin, Christopher) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. [Transferred from Georgia Northern on 8/15/2022.] |
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Filing 21
ORDER granting #18 Application for Admission of David S Gray Pro Hac Vice. Signed by Judge Sarah E. Geraghty on 07/07/2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rsg) [Transferred from Georgia Northern on 8/15/2022.]
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| Clerk's Certificate of Mailing as to David S Gray re #21 Order on Application for Admission PHV. (rsg) [Transferred from Georgia Northern on 8/15/2022.] |
| APPROVAL by Clerks Office re: #18 APPLICATION for Admission of David S Gray Pro Hac Vice. Attorney David Scott Gray added appearing on behalf of Merck & Co., Inc., Merck Sharp & Dohme Corp. (cdg) [Transferred from Georgia Northern on 8/15/2022.] |
| Filing 20 Unopposed MOTION for Extension of Time re: #11 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Ken Wingerter, Shaun Wingerter. (Attachments: #1 Text of Proposed Order Proposed Order)(Coffin, Christopher) [Transferred from Georgia Northern on 8/15/2022.] |
| Filing 19 APPLICATION for Admission of Christian A Coward Pro Hac Vice. with Brief In Support by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Woodhouse, Samuel) Documents for this entry are not available for viewing outside the courthouse. [Transferred from Georgia Northern on 8/15/2022.] |
| Filing 18 APPLICATION for Admission of David S Gray Pro Hac Vice. with Brief In Support by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Attachments: #1 Exhibit Listing of Court Admission Dates for DS Gray)(Woodhouse, Samuel) Documents for this entry are not available for viewing outside the courthouse. [Transferred from Georgia Northern on 8/15/2022.] |
| Filing 17 APPLICATION for Admission of Dino Sangiamo Pro Hac Vice. with Brief In Support by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Attachments: #1 Exhibit Listing of Court Admission Dates for Dino Sangiamo)(Woodhouse, Samuel) Documents for this entry are not available for viewing outside the courthouse. [Transferred from Georgia Northern on 8/15/2022.] |
| RETURN of #14 APPLICATION for Admission of Dino Sangiamo Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11901868). to attorney for correction re: Appearing on behalf of needs to be on front of application. (cdg) [Transferred from Georgia Northern on 8/15/2022.] |
| RETURN of #15 APPLICATION for Admission of David S Gray Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11901869). to attorney for correction re: Appearing on behalf of needs to be on front of application. (cdg) [Transferred from Georgia Northern on 8/15/2022.] |
| RETURN of #16 APPLICATION for Admission of Christian A Coward Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11901870). to attorney for correction re: Appearing on behalf of needs to be on front of application. (cdg) [Transferred from Georgia Northern on 8/15/2022.] |
| Filing 16 APPLICATION for Admission of Christian A Coward Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11901870). with Brief In Support by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Woodhouse, Samuel) Documents for this entry are not available for viewing outside the courthouse. [Transferred from Georgia Northern on 8/15/2022.] |
| Filing 15 APPLICATION for Admission of David S Gray Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11901869). with Brief In Support by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Attachments: #1 Exhibit Listing of Court Admission Dates for DS Gray)(Woodhouse, Samuel) Documents for this entry are not available for viewing outside the courthouse. [Transferred from Georgia Northern on 8/15/2022.] |
| Filing 14 APPLICATION for Admission of Dino Sangiamo Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11901868). with Brief In Support by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Attachments: #1 Exhibit Listing of Court Admission Dates for Dino Sangiamo)(Woodhouse, Samuel) Documents for this entry are not available for viewing outside the courthouse. [Transferred from Georgia Northern on 8/15/2022.] |
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Filing 13
ORDER GRANTING the Plaintiffs' #6 Motion to Withdraw Jessica Perez Reynolds as counsel for Plaintiffs in this action. Signed by Judge Sarah E. Geraghty on 6/28/2022. (sap) [Transferred from Georgia Northern on 8/15/2022.]
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| Notification of Docket Correction re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and 10 Certificate of Interested Persons. Documents filed in error/incorrect case (rlh) [Transferred from Georgia Northern on 8/15/2022.] |
| Filing 12 Amended Certificate of Interested Persons and Corporate Disclosure Statement by Merck & Co., Inc., Merck Sharp & Dohme Corp. identifying Corporate Parent Merck & Co., Inc. for Merck Sharp & Dohme Corp.. (Woodhouse, Samuel) [Transferred from Georgia Northern on 8/15/2022.] |
| Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Attachments: #1 Brief in Support of Motion to Dismiss, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20)(Woodhouse, Samuel) Modified on 7/27/2022 (sap). [Transferred from Georgia Northern on 8/15/2022.] |
| Filing 8 WAIVER OF SERVICE Returned Executed by Shaun Wingerter, Ken Wingerter. Merck & Co., Inc. waiver mailed on 4/25/2022, answer due 6/24/2022; Merck Sharp & Dohme Corp. waiver mailed on 4/25/2022, answer due 6/24/2022. (Attachments: #1 Signed Waiver of Service)(Coffin, Christopher) [Transferred from Georgia Northern on 8/15/2022.] |
| Submission of #6 Motion to Withdraw Jessica Perez Reynolds as Attorney to District Judge Sarah E. Geraghty. (acm) [Transferred from Georgia Northern on 8/15/2022.] |
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Filing 7
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge Sarah E. Geraghty on 5/4/2022. (sap) [Transferred from Georgia Northern on 8/15/2022.]
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| Case Reassigned to Judge Sarah E. Geraghty. Judge Eleanor L. Ross no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:22-cv-01178-SEG. Please make note of this change in order to facilitate the docketing of pleadings in this case. (tcc) [Transferred from Georgia Northern on 8/15/2022.] |
| Filing 6 MOTION to Withdraw Jessica Perez Reynolds as Attorneyby Ken Wingerter, Shaun Wingerter. (Attachments: #1 Text of Proposed Order)(Coffin, Christopher) Modified on 4/13/2022 to correct attorney (adg). [Transferred from Georgia Northern on 8/15/2022.] |
| Notification of Docket Correction re #6 MOTION to Withdraw Jessica Perez Reynolds as Attorney. Modified on 4/13/2022 to correct attorney. (adg) [Transferred from Georgia Northern on 8/15/2022.] |
| Filing 5 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Jessica Perez Reynolds. Clerk to follow-up by 4/14/2022. (cdg) [Transferred from Georgia Northern on 8/15/2022.] |
| Filing 4 NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb) [Transferred from Georgia Northern on 8/15/2022.] |
| Clerk's Certificate of Mailing to Attorney Tracy Turner as to Ken Wingerter and Shaun Wingerter regarding #4 Order. (mlb) [Transferred from Georgia Northern on 8/15/2022.] |
| Filing 3 Electronic Summons Issued as to Merck Sharp & Dohme Corp.. (eop) [Transferred from Georgia Northern on 8/15/2022.] |
| Filing 2 Electronic Summons Issued as to Merck & Co., Inc.. (eop) [Transferred from Georgia Northern on 8/15/2022.] |
| Filing 1 COMPLAINT with Jury Demand filed by Shaun Wingerter and Ken Wingerter. (Filing fee $402.00, receipt number AGANDC-11681887) (Attachments: #1 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. [Transferred from Georgia Northern on 8/15/2022.] |
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