Butler v. Merck & Co., Inc., et al
Plaintiff: Skylee Butler
Defendant: Merck & Co, Inc. and Merck Sharp & Dohme
Case Number: 3:2022cv00406
Filed: August 15, 2022
Court: US District Court for the Western District of North Carolina
Office: Charlotte Office
Presiding Judge: Robert J Conrad
Referring Judge: David Keesler
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 13, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 13, 2022 Opinion or Order Filing 34 ORDER of Administrative Close Out of Member Cases. Signed by District Judge Robert J. Conrad, Jr on 9/12/2022. (brl)
September 8, 2022 Filing 33 NOTICE of Appearance by Sally Wiest Bryan on behalf of Merck & Co, Inc., Merck Sharp & Dohme (Bryan, Sally)
August 18, 2022 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)
August 16, 2022 Opinion or Order Filing 32 FIRST PRETRIAL ORDER. Signed by District Judge Robert J. Conrad, Jr on 8/9/22. (rth)
August 15, 2022 Filing 31 Case transferred in from District of Massachusetts; Case Number 3:22-cv-10006. Original electronic file and docket sheet received.
August 15, 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)
August 15, 2022 Filing 30 Case transferred to to the Western District of North Carolina pursuant to Transfer Order entered by the MDL Panel on 8/4/2022. Case file electronically extracted to the Clerk in that district. (Danieli, Chris) [Transferred from Massachusetts on 8/16/2022.]
August 15, 2022 Filing 29 Certified copy of MDL Transfer Order in MDL Case 3036 received from the Western District of North Carolina requesting transfer of case for consolidated pretrial proceedings (Danieli, Chris) [Transferred from Massachusetts on 8/16/2022.]
June 24, 2022 Filing 28 SUR-REPLY to Motion re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Skylee Butler. (Esfandiari, Bijan) [Transferred from Massachusetts on 8/16/2022.]
June 10, 2022 Filing 27 REPLY to Response to #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Merck & Co., Inc.,, Merck Sharp & Dohme Corp.. (Attachments: #1 Exhibit JJ, #2 Exhibit KK)(Royal, Amy) [Transferred from Massachusetts on 8/16/2022.]
June 10, 2022 Filing 26 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #23 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. The court also grants The court also grants Plaintiff leave to file, by June 24, 2022, a sur-reply brief not to exceed five pages. (Zamorski, Michael) Modified on 6/10/2022 (Zamorski, Michael). [Transferred from Massachusetts on 8/16/2022.]
June 9, 2022 Filing 25 Opposition re #23 MOTION for Leave to File Reply In Support of Merck's Motion to Dismiss filed by Skylee Butler. (Esfandiari, Bijan) [Transferred from Massachusetts on 8/16/2022.]
May 26, 2022 Filing 24 AMENDED DOCUMENT by Merck & Co., Inc.,, Merck Sharp & Dohme Corp.. Amendment to #10 Corporate Disclosure Statement (Supplemental). (Royal, Amy) [Transferred from Massachusetts on 8/16/2022.]
May 26, 2022 Filing 23 MOTION for Leave to File Reply In Support of Merck's Motion to Dismiss by Merck & Co., Inc.,, Merck Sharp & Dohme Corp.. (Attachments: #1 Exhibit Reply Motion, #2 Exhibit Exhibit to Reply Motion, #3 Exhibit Exhibit to Reply Motion)(Royal, Amy) [Transferred from Massachusetts on 8/16/2022.]
May 19, 2022 Filing 22 Opposition re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Skylee Butler. (Esfandiari, Bijan) [Transferred from Massachusetts on 8/16/2022.]
May 19, 2022 Filing 21 Request for Judicial Notice by Skylee Butler. (Attachments: #1 Exhibit 1 - Order Granting Plaintiff Madelyn Malloy's Motion to Stay in Malloy v. Merck & Co., Inc. (E.D. Tex. May 5, 2022), #2 Exhibit 2 - Order Granting Plaintiff Julia Balasco's Motion to Stay in Balasco v. Merck & Co., Inc. (D.R.I May 12, 2022), #3 Exhibit 3 - Merck's Answer to Complaint in Balasco v. Merck & Co., Inc. (D.R.I. May 6, 2021), #4 Exhibit 4 - Merck's Answer to Complaint in Gramza v. Merck & Co., Inc. (D. Ariz Sept. 25, 2020), #5 Exhibit 5 - Merck's Answer to Complaint in McElerney v. Merck & Co., Inc. (M.D. Fla. No. 19, 2021), #6 Exhibit 6 - Merck's Answer to Complaint Muller v. Merck & Co., Inc. (N.D. Fla. Jan. 25, 2022), #7 Exhibit 7 - Merck's Answer to Complaint in Silver v. Merck & Co., Inc. (M.D. Fla. Jan. 11, 2022), #8 Exhibit 8 - Merck's Answer to Complaint in Walker v. Merck & Co., Inc. (W.D. Wisc. Dec. 28, 2020), #9 Exhibit 9 - Merck's Answer to Complaint in Walker v. Merck & Co., Inc. (W.D. Wisc. Dec. 28, 2020), #10 Exhibit 10 - Plaintiff's Second Amended Complaint in Herlth v. Merck & Co., Inc. (D. Conn. Apr. 14, 2022), #11 Exhibit 11 - Order Granting Plaintiff Korrine Herlth's Motion to Reopen Her Case and Accepting Plaintiff's Second Amended Complaint for Filing in Herlth v. Merck & Co., Inc. (D. Conn. Apr. 15, 2022))(Esfandiari, Bijan) [Transferred from Massachusetts on 8/16/2022.]
May 19, 2022 Filing 20 Response by Skylee Butler to #9 Request for Judicial Notice,,, . (Esfandiari, Bijan) [Transferred from Massachusetts on 8/16/2022.]
May 12, 2022 Filing 19 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #18 Motion for Leave to Appear Pro Hac Vice Added Dino Sangiamo. 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. (Figueroa, Tamara) [Transferred from Massachusetts on 8/16/2022.]
May 12, 2022 Filing 18 MOTION for Leave to Appear Pro Hac Vice for admission of Dino Sangiamo Filing fee: $ 100, receipt number AMADC-9319066 by Merck & Co., Inc.,, Merck Sharp & Dohme Corp.. (Attachments: #1 Affidavit of Dino Sangiamo)(Royal, Amy) [Transferred from Massachusetts on 8/16/2022.]
May 9, 2022 Filing 17 NOTICE of Appearance by Bijan Esfandiari on behalf of Skylee Butler (Esfandiari, Bijan) [Transferred from Massachusetts on 8/16/2022.]
May 9, 2022 Filing 16 Judge Mark G. Mastroianni: Electronic order entered denying #11 Emergency Motion to Stay. Plaintiff shall file her opposition to Defendant's motion to dismiss by May 19, 2022. The court finds that Plaintiff has not demonstrated a "clear case of hardship or inequity in being required to" respond to Defendant's motion to dismiss while the MDL consolidation request is pending. Landis v. N. Am. Co., 299 U.S. 248, 255 (1936). However, in reviewing the merits of the motion dismiss, the court will consider whether to delay a ruling on the motion, pending the Judicial Panel on Multidistrict Litigation's ruling on the MDL consolidation request. (Zamorski, Michael) [Transferred from Massachusetts on 8/16/2022.]
May 9, 2022 Filing 15 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #14 Motion for Leave to Appear Pro Hac Vice Added Bijan Esfandiari. 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. (Figueroa, Tamara) [Transferred from Massachusetts on 8/16/2022.]
May 5, 2022 Filing 14 MOTION for Leave to Appear Pro Hac Vice for admission of Bijan Esfandiari Filing fee: $ 100, receipt number AMADC-9308905 by Skylee Butler. (Attachments: #1 Affidavit of Bijan Esfandiari)(Roddy, John) [Transferred from Massachusetts on 8/16/2022.]
May 5, 2022 Filing 13 Opposition re #11 Emergency 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.. (Royal, Amy) [Transferred from Massachusetts on 8/16/2022.]
May 4, 2022 Filing 12 MEMORANDUM in Support re #11 Emergency MOTION to Stay Action Pending MDL Ruling in MDL No. 3036 In re: Gardasil Products Liability Litigation filed by Skylee Butler. (Roddy, John) [Transferred from Massachusetts on 8/16/2022.]
May 4, 2022 Filing 11 Emergency MOTION to Stay Action Pending MDL Ruling in MDL No. 3036 In re: Gardasil Products Liability Litigation by Skylee Butler.(Roddy, John) [Transferred from Massachusetts on 8/16/2022.]
April 28, 2022 Filing 10 CORPORATE DISCLOSURE STATEMENT by Merck & Co., Inc.,, Merck Sharp & Dohme Corp.. (Royal, Amy) [Transferred from Massachusetts on 8/16/2022.]
April 28, 2022 Filing 9 Request for Judicial Notice in connection with Defendants' concurrently filed Motion to Dismiss by Merck & Co., Inc.,, Merck Sharp & Dohme Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II)(Royal, Amy) [Transferred from Massachusetts on 8/16/2022.]
April 28, 2022 Filing 8 MEMORANDUM in Support re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Merck & Co., Inc.,, Merck Sharp & Dohme Corp.. (Royal, Amy) [Transferred from Massachusetts on 8/16/2022.]
April 28, 2022 Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Merck & Co., Inc.,, Merck Sharp & Dohme Corp..(Royal, Amy) [Transferred from Massachusetts on 8/16/2022.]
April 28, 2022 Filing 6 NOTICE of Appearance by Amy B. Royal on behalf of Merck & Co., Inc.,, Merck Sharp & Dohme Corp. (Royal, Amy) [Transferred from Massachusetts on 8/16/2022.]
January 5, 2022 Filing 5 Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Figueroa, Tamara) [Transferred from Massachusetts on 8/16/2022.]
January 4, 2022 Filing 4 ELECTRONIC NOTICE of Case Assignment. Judge Mark G. Mastroianni 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 Katherine A. Robertson. (Danieli, Chris) [Transferred from Massachusetts on 8/16/2022.]
January 4, 2022 Filing 3 Case transferred in from Eastern Division (Boston) on 1/4/2022 Case Number 1:22-cv-10006. (Danieli, Chris) [Transferred from Massachusetts on 8/16/2022.]
January 4, 2022 Filing 2 Case transferred to Western Division (Springfield) (Currie, Haley) [Transferred from Massachusetts on 8/16/2022.]
January 3, 2022 Filing 1 COMPLAINT against Merck Sharp & Dohme Corp., Merck & Co., Inc., Filing fee: $ 402, receipt number AMADC-9120222 (Fee Status: Filing Fee paid), filed by Skylee Butler. (Attachments: #1 Civil Cover Sheet, #2 Category Form)(Roddy, John) [Transferred from Massachusetts on 8/16/2022.]

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Plaintiff: Skylee Butler
Represented By: John J. Roddy
Represented By: Bijan Esfandiari
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Defendant: Merck & Co, Inc.
Represented By: Dino S. Sangiamo
Represented By: Amy B. Royal
Represented By: Sally Wiest Bryan
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Defendant: Merck Sharp & Dohme
Represented By: Dino S. Sangiamo
Represented By: Amy B. Royal
Represented By: Sally Wiest Bryan
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