Herlth v. Merck & Co Inc. et al
| Korrine Herlth |
| Merck & Co, Inc. and Merck Sharp & Dohme |
| 3:2022cv00444 |
| August 25, 2022 |
| US District Court for the Western District of North Carolina |
| Charlotte Office |
| David S Cayer |
| 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
RSS Track this Docket
This docket was last retrieved on October 14, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Case reassigned to Magistrate Judge David S. Cayer. Magistrate Judge David Keesler no longer assigned to the case. This is your only notice - you will not receive a separate document.(brl) |
Filing 73
ORDER of Administrative Close Out of Member Cases. Signed by District Judge Robert J. Conrad, Jr on 9/12/2022. (brl)
|
| Filing 72 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) |
|
Filing 71
FIRST PRETRIAL ORDER. Signed by District Judge Robert J. Conrad, Jr on 8/9/22. (rth)
|
| Filing 70 Case transferred in from District of Connecticut; Case Number 3:21-cv-00438. 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 69 MDL Transfer Order. Case transferred to Western District of North Carolina Signed by John W. Nicholas on 8/22/2022.(Carr, Dave) [Transferred from Connecticut on 8/25/2022.] |
| Filing 68 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. RESET FROM 8/25/22 - Due to unforeseen circumstances, the oral argument on motion to dismiss (Doc. #53 ) is reset for September 12, 2022 at 3:00 p.m. before Judge Jeffrey A. Meyer and will be conducted via Zoom. The Zoom meeting information is unchanged from Notice regarding hearing via Zoom dated July 5, 2022. For cases involving parties who are represented by counsel, Judge Meyer ordinarily expects that the parties themselves will be present for hearings on any dispositive motions (i.e., motions to dismiss and for summary judgment). If an individual party (or party representative in the case of a company/entity party) is not present, Judge Meyer will inquire of counsel why the party or party representative has chosen not to attend the hearing and may require the filing of a signed waiver of presence with a statement of reasons. If the argument is scheduled to proceed in full or in part by means of a video link, then the parties or party representatives are welcome to attend the argument by video.(Barry, Donna) [Transferred from Connecticut on 8/25/2022.] |
| Filing 67 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.Oral argument on motion to dismiss (Doc. #53 ) is set for August 25, 2022 at 3:00 p.m. before Judge Jeffrey A. Meyer and will be conducted via Zoom. For cases involving parties who are represented by counsel, Judge Meyer ordinarily expects that the parties themselves will be present for hearings on any dispositive motions (i.e., motions to dismiss and for summary judgment). If an individual party (or party representative in the case of a company/entity party) is not present, Judge Meyer will inquire of counsel why the party or party representative has chosen not to attend the hearing and may require the filing of a signed waiver of presence with a statement of reasons. If the argument is scheduled to proceed in full or in part by means of a video link, then the parties or party representatives are welcome to attend the argument by video.(Barry, Donna) [Transferred from Connecticut on 8/25/2022.] |
| NOTICE regarding hearing via Zoom: The oral argument scheduled for 8/25/22 at 3:00 p.m. will be conducted via Zoom. All parties, as well as members of the public, are invited to use the following information to participate in and observe this hearing.Video link: https://www.zoomgov.com/j/1618826571?pwd=dmlMNDhzUDA3SFJYd1oxdkJra0lMUT09 Call in number: 646-828-7666Meeting ID: 161 882 6571 Meeting Password: 266179Please note: Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, screenshots, streaming, and rebroadcasting in any form, of court proceedings. The Judicial Conference of the United States, which governs the practices of the federal courts, has prohibited it. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (Barry, Donna) [Transferred from Connecticut on 8/25/2022.] |
| Filing 66 REPLY to Response to #53 MOTION to Dismiss Second Amended Complaint (Dkt. No. 41) filed by Merck & Co Inc, Merck Sharp & Dohme Corp.. (Mohan, Catherine) [Transferred from Connecticut on 8/25/2022.] |
| Filing 65 NOTICE of Appearance by Dino S Sangiamo on behalf of Merck & Co Inc, Merck Sharp & Dohme Corp. (Sangiamo, Dino) [Transferred from Connecticut on 8/25/2022.] |
|
Filing 64
ORDER granting #63 Motion for Attorney Dino S. Sangiamo to Appear Pro Hac Vice. Signed by Clerk on 6/29/2022. (Carr, Dave) [Transferred from Connecticut on 8/25/2022.]
|
| Filing 63 MOTION for Attorney(s) Dino S. Sangiamo to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6980255) by Merck & Co Inc, Merck Sharp & Dohme Corp.. (Attachments: #1 Exhibit A (Affidavit and Certificate of Good Standing))(Mohan, Catherine) [Transferred from Connecticut on 8/25/2022.] |
| Filing 62 Memorandum in Opposition re #53 MOTION to Dismiss Second Amended Complaint (Dkt. No. 41) filed by Korrine Herlth. (Esfandiari, Bijan) [Transferred from Connecticut on 8/25/2022.] |
| Filing 61 ENTERED IN ERROR Memorandum in Opposition re #53 MOTION to Dismiss Second Amended Complaint (Dkt. No. 41) filed by Korrine Herlth. (Esfandiari, Bijan) Modified on 6/23/2022 (Carr, Dave). [Transferred from Connecticut on 8/25/2022.] |
| Filing 60 Reset Deadlines as to #53 Motion to Dismiss - defendants' reply in support of their motion due by 6/30/2022 (Barry, Donna) [Transferred from Connecticut on 8/25/2022.] |
|
Filing 59
ORDER denying #45 Motion to Stay. The plaintiff has requested that this action be stayed pending a decision by the Joint Panel on Multi-District Litigation on the consolidation of various pending Gardasil-related products liability actions. "In deciding whether a stay is appropriate, a court should consider (1) the private interests of the plaintiffs in proceeding expeditiously with the civil litigation as balanced against the prejudice to the plaintiffs if delayed; (2) the private interests of and burden on the defendants; (3) the interests of the courts; (4) the interests of persons not parties to the civil litigation; and (5) the public interest." Pierre v. Prospect Mortg., LLC, 2013 WL 5876151, at *2 (N.D.N.Y. 2013). In addition, where a multi-district litigation proceeding has been established, courts have routinely stayed motions pending rulings by the JPML." Royal Park Invs. SA/NV v. Bank of Am. Corp., 941 F. Supp. 2d 367, 370 (S.D.N.Y. 2013) (granting stay pending JPML's decision on whether to centralize cases with existing MDL). Nonetheless, in any request for a stay, the burden is on the movant to "make out a clear case of hardship or inequity in being required to go forward[.]" See Landis v. N. Am. Co., 299 U.S. 248, 255 (1936). Having considered the parties' submissionsincluding Herlth's notices of supplemental authority regarding stays granted in similar actionsI conclude that Herlth has not carried her burden of demonstrating that she will be caused hardship by being required to timely respond to defendants' pending motion to dismiss or otherwise proceed with her litigation, nor am I persuaded that the balance of interests favors a stay. Herlth argues that she "may" suffer hardship if her request for a stay is denied because (1) there is risk of inconsistent pretrial rulings in different courts and (2) there is risk of duplicative discovery. See Doc. #46 at 5. But Merck is the defendant in at least 33 Gardasil actions, see Doc. #46 at 1, whereas Herlth is the plaintiff in just one of those actions. Thus, if any party bears risks related to inconsistent pretrial rulings or duplicative discovery, it is Merck, not Herlth. While there may be some legal or factual overlap between the claims of various Gardasil plaintiffs, Herlth's amended complaint also contains factual allegations and issues of Connecticut law that are unique to her case. Judicial economy will not be promoted by asking another court unfamiliar with Herlth's allegations and inexpert at Connecticut products liability law to consider Herlth's claims anew. Moreover, to the extent that Merck seeks case-specific evidence from Herlth, Herlth must ultimately comply with any well-founded case-specific discovery requests regardless whether consolidation is granted. In sum, I conclude that the interests of the parties and the public are best served by proceeding with the expeditious adjudication or settlement of Herlth's claims. Accordingly, Herlth's motion to stay this action pending a decision by the JPML is DENIED. Herlth shall file any response to the defendants' pending motion to dismiss (Doc. #53) no later than June 16, 2022. It is so ordered. Signed by Judge Jeffrey A. Meyer on 6/3/2022. (Petkun, J.) [Transferred from Connecticut on 8/25/2022.]
|
|
Filing 58
ORDER. The Court APPROVES the parties' joint stipulation and proposed order for extension of time. The plaintiff shall have up to and including June 16, 2022, to file any opposition to defendants' motion to dismiss (Doc. #53), and defendants shall have up to and including June 30, 2022, to file any reply in support of their motion. It is so ordered. Signed by Judge Jeffrey A. Meyer on 6/3/2022. (Petkun, J.) [Transferred from Connecticut on 8/25/2022.]
|
| Filing 57 Joint STIPULATION re #53 MOTION to Dismiss Second Amended Complaint (Dkt. No. 41) Stipulation and Order for Extension of Time to Defendants' Motion to Dismiss Briefing Schedule by Korrine Herlth. (Esfandiari, Bijan) [Transferred from Connecticut on 8/25/2022.] |
| Filing 56 Supplemental Corporate Disclosure Statement by Merck & Co Inc, Merck Sharp & Dohme Corp.. (Mohan, Catherine) [Transferred from Connecticut on 8/25/2022.] |
| Filing 55 AFFIDAVIT re #53 MOTION to Dismiss Second Amended Complaint (Dkt. No. 41) Signed By Catherine A. Mohan filed 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)(Mohan, Catherine) [Transferred from Connecticut on 8/25/2022.] |
| Filing 54 Memorandum in Support re #53 MOTION to Dismiss Second Amended Complaint (Dkt. No. 41) filed by Merck & Co Inc, Merck Sharp & Dohme Corp.. (Mohan, Catherine) [Transferred from Connecticut on 8/25/2022.] |
| Filing 53 MOTION to Dismiss Second Amended Complaint (Dkt. No. 41) by Merck & Co Inc, Merck Sharp & Dohme Corp..Responses due by 6/6/2022 (Mohan, Catherine) [Transferred from Connecticut on 8/25/2022.] |
| Filing 52 Notice of Additional Authority re #45 MOTION to Stay Action Pending MDL Ruling in MDL No. 3036 filed by Korrine Herlth. (Attachments: #1 Exhibit 1 - Order Granting Motion to Stay in Balasco v Merck (D. Rhode Island))(Esfandiari, Bijan) [Transferred from Connecticut on 8/25/2022.] |
| Filing 51 REPLY to Response to #45 MOTION to Stay Action Pending MDL Ruling in MDL No. 3036 filed by Korrine Herlth. (Attachments: #1 Affidavit of Bijan Esfandiari, #2 Exhibit 1 - Order Granting Motion to Stay (Malloy v Merck, E.D. Texas), #3 Exhibit 2 - Meet and Confer Letter (Balasco v Merck, D. R.I.), #4 Exhibit 3 - Joint Answers to Disclosures (Stratton v Merck, D. S.C.), #5 Exhibit 4 - Amended Scheduling Order (Stratton v Merck, D. S. C.), #6 Exhibit 5 - Plaintiff's Ex Parte Motion to Stay in (Walker v Merck, W.D. Wisconsin), #7 Exhibit 6 - Merck's Opposition to Plaintiff's Ex Parte Motion to Stay in (Walker v Merck, W.D. Wisconsin))(Esfandiari, Bijan) [Transferred from Connecticut on 8/25/2022.] |
| Filing 50 Notice of Additional Authority re #45 MOTION to Stay Action Pending MDL Ruling in MDL No. 3036 filed by Korrine Herlth. (Attachments: #1 Exhibit 1 - Order Granting Motion to Stay in Malloy v Merck, E.D. Texas)(Esfandiari, Bijan) [Transferred from Connecticut on 8/25/2022.] |
| Filing 49 Memorandum in Opposition re #45 MOTION to Stay Action Pending MDL Ruling in MDL No. 3036 filed by Merck & Co Inc, Merck Sharp & Dohme Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Mohan, Catherine) [Transferred from Connecticut on 8/25/2022.] |
|
Filing 48
ORDER. The defendants are requested to file any objection or other response to the motion to stay (Doc. #45 ) by May 9, 2022. It is so ordered. Signed by Judge Jeffrey A. Meyer on 5/2/22.(Barry, Donna) [Transferred from Connecticut on 8/25/2022.]
|
| Filing 47 NOTICE of Appearance by Gregory Alan Hall on behalf of Merck & Co Inc, Merck Sharp & Dohme Corp. (Hall, Gregory) [Transferred from Connecticut on 8/25/2022.] |
| Filing 46 Memorandum in Support re #45 MOTION to Stay Action Pending MDL Ruling in MDL No. 3036 filed by Korrine Herlth. (Attachments: #1 Text of Proposed Order)(Esfandiari, Bijan) [Transferred from Connecticut on 8/25/2022.] |
| Filing 45 MOTION to Stay Action Pending MDL Ruling in MDL No. 3036 by Korrine Herlth.Responses due by 5/20/2022 (Esfandiari, Bijan) [Transferred from Connecticut on 8/25/2022.] |
|
Filing 44
ORDER. In accordance with the Court's prior grant of leave to file a motion to re-open and amended complaint, the Court GRANTS the motion to re-open (Doc. #42 ). Defendants shall file any answer or other response to the Second Amended Complaint by May 16, 2022. It is so ordered. Signed by Judge Jeffrey A. Meyer on 4/15/22. (Barry, Donna) [Transferred from Connecticut on 8/25/2022.]
|
| Answer deadline updated for Merck & Co Inc and Merck Sharp & Dohme Corp. to 5/16/2022. (Barry, Donna) [Transferred from Connecticut on 8/25/2022.] |
| Filing 43 Memorandum in Support re #42 MOTION to Reopen Case filed by Korrine Herlth. (Attachments: #1 Text of Proposed Order)(Esfandiari, Bijan) [Transferred from Connecticut on 8/25/2022.] |
| Filing 42 MOTION to Reopen Case by Korrine Herlth.Responses due by 5/5/2022 (Esfandiari, Bijan) [Transferred from Connecticut on 8/25/2022.] |
| Filing 41 AMENDED COMPLAINT Second Amended Complaint against Merck & Co Inc, Merck Sharp & Dohme Corp., filed by Korrine Herlth.(Esfandiari, Bijan) [Transferred from Connecticut on 8/25/2022.] |
| Filing 40 JUDGMENT entered in favor of defendants Merck & Co Inc and Merck Sharp & Dohme Corp. against plaintiff Korrine Herlth.For Appeal Forms please go to the following website: http://www.ctd.uscourts.gov/forms/all-forms/appeals_forms Signed by Clerk on 3/16/22.(Barry, Donna) [Transferred from Connecticut on 8/25/2022.] |
| JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Barry, Donna) [Transferred from Connecticut on 8/25/2022.] |
|
Filing 39
ORDER granting #20 Motion to Dismiss. For the reasons set forth in the attached ruling, the Court GRANTS the defendants' motion to dismiss the amended complaint (Doc. #18). This dismissal is without prejudice to the filing of a motion to re-open and an amended complaint within 30 days if the plaintiff has grounds to allege facts that would overcome the concerns stated in this ruling. The Clerk of the Court is directed to close the case without prejudice to re-opening in the event of the filing of a motion to re-open and an amended complaint. It is so ordered. Signed by Judge Jeffrey A. Meyer on 3/15/2022. (Petkun, J.) [Transferred from Connecticut on 8/25/2022.]
|
|
Filing 38
GENERAL SCHEDULING ORDER. The parties' Rule 26(f) Planning Report (Doc. #37 ) is hereby APPROVED as modified by this order. All discovery shall be completed by February 23, 2023, and all other interim discovery dates set forth in the parties' Rule 26(f) Report are hereby adopted. Any dispositive summary judgment motions shall be filed by March 30, 2023, and any response to dispositive summary judgment motions shall be filed by April 30, 2023. The parties' joint trial memorandum is due by May 15, 2023, or within 30 days of the Court's ruling on dispositive summary judgment motions, whichever date is later. The Court will thereafter set a trial date, and the parties should be prepared to proceed to jury selection within 30 days of the filing of the joint trial memorandum. Please refer to Judge Meyer's webpage on the District of Connecticut website for Judge Meyer's "Instructions for Discovery Disputes" and "Instructions for Joint Trial Memorandum" and "Pretrial Preferences" and "Trial Preferences." The parties are encouraged to commence discovery forthwith and to arrange their schedules in contemplation of the briefing deadlines for any dispositive motions, because the Court is unlikely to grant a future request for an extension of the scheduling order absent extraordinary and unforeseeable circumstances. A telephonic status conference will be held on December 2, 2022 at 3:00 p.m. Parties are instructed to call 877-402-9753; Access Code 8576007#. It is so ordered. Signed by Judge Jeffrey A. Meyer on 3/1/22.(Barry, Donna) [Transferred from Connecticut on 8/25/2022.]
|
| Filing 37 Joint REPORT of Rule 26(f) Planning Meeting. (Esfandiari, Bijan) [Transferred from Connecticut on 8/25/2022.] |
| Filing 36 26(f) NOTICE: The Court has reviewed the file in this case to monitor the party's compliance with Local Rule 26(f). Local Rule 26(f) provides that, within 30 days after the appearance of any defendant, the attorneys of record and any unrepresented parties must confer for purposes described in Fed. R. Civ. P. 26(f). Local Rule 26(f) further provides that, within 14 days after the conference, the participants must jointly file a report of the conference using Form 26(f). It appears that more than forty-four days have passed since the appearance of a defendant in this case but no report has been filed. Accordingly, it is hereby ordered that the parties must file on or before February 28, 2022, (1) a written statement signed by all counsel of record demonstrating that this case is exempt from the requirement of filing a form 26(f) report; or (2) a form 26(f) report along with a written statement signed by all counsel of record explaining why sanctions should not be imposed for the parties failure to comply with Local Rule 26(f). Failure to comply with this order may result in dismissal of the complaint. Signed by Clerk on 2/14/22.(Barry, Donna) [Transferred from Connecticut on 8/25/2022.] |
| Filing 35 TRANSCRIPT of Proceedings: Type of Hearing: Motion Hearing via Zoom. Held on October 21, 2021 before Judge Jeffrey A. Meyer. Court Reporter: Tracy Gow. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: To remove personal identifier information from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within seven (7) calendar days of this date. If no such Notice is filed, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available through PACER without redaction 90 days from today's date. The transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The policy governing the redaction of personal information is located on the court website at www.ctd.uscourts.gov. Redaction Request due 12/7/2021. Redacted Transcript Deadline set for 12/17/2021. Release of Transcript Restriction set for 2/14/2022. (Gow, T.) [Transferred from Connecticut on 8/25/2022.] |
| Filing 34 Minute Entry for proceedings held before Judge Jeffrey A. Meyer: Oral argument held on 10/21/2021Motion to Dismiss (Doc. #20 ) was taken under advisement. Total Time: 1 hour and 15 minutes (Court Reporter Tracy Gow) (Barry, Donna) [Transferred from Connecticut on 8/25/2022.] |
| Filing 33 NOTICE of Appearance by Edward Dumoulin on behalf of Merck & Co Inc, Merck Sharp & Dohme Corp. (Dumoulin, Edward) [Transferred from Connecticut on 8/25/2022.] |
| Filing 32 NOTICE of Appearance by Allyson Julien on behalf of Merck & Co Inc, Merck Sharp & Dohme Corp. (Julien, Allyson) [Transferred from Connecticut on 8/25/2022.] |
|
Filing 31
ORDER granting #29 Motion for Attorney Allyson Miller Julien to Appear Pro Hac Vice. Signed by Clerk on 9/23/2021. (Carr, Dave) [Transferred from Connecticut on 8/25/2022.]
|
|
Filing 30
ORDER granting #28 Motion for Attorney Edward James Dumoulin Appear Pro Hac Vice. Signed by Clerk on 9/23/2021. (Carr, Dave) [Transferred from Connecticut on 8/25/2022.]
|
| Filing 29 MOTION for Attorney(s) Allyson Miller Julien to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6658984) by Merck & Co Inc, Merck Sharp & Dohme Corp.. (Attachments: #1 Exhibit A (Affidavit))(Mohan, Catherine) [Transferred from Connecticut on 8/25/2022.] |
| Filing 28 MOTION for Attorney(s) Edward James Dumoulin to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6658941) by Merck & Co Inc, Merck Sharp & Dohme Corp.. (Attachments: #1 Exhibit A (Affidavit))(Mohan, Catherine) [Transferred from Connecticut on 8/25/2022.] |
| Filing 27 AFFIDAVIT re #26 Reply to Response to Motion Signed By Catherine A. Mohan filed by Merck & Co Inc, Merck Sharp & Dohme Corp.. (Attachments: #1 Exhibit SS)(Mohan, Catherine) [Transferred from Connecticut on 8/25/2022.] |
| Filing 26 REPLY to Response to #20 MOTION to Dismiss Amended Complaint filed by Merck & Co Inc, Merck Sharp & Dohme Corp.. (Mohan, Catherine) [Transferred from Connecticut on 8/25/2022.] |
| Filing 25 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.Oral argument on Defendants' motion to dismiss (Doc. #20 ) is set for 10/21/2021 at 10:30 a.m. before Judge Jeffrey A. Meyer and will be conducted via Zoom. For cases involving parties who are represented by counsel, Judge Meyer ordinarily expects that the parties themselves will be present for hearings on any dispositive motions (i.e., motions to dismiss and for summary judgment). If an individual party (or party representative in the case of a company/entity party) is not present, Judge Meyer will inquire of counsel why the party or party representative has chosen not to attend the hearing and may require the filing of a signed waiver of presence with a statement of reasons. If the argument is scheduled to proceed in full or in part by means of a video link, then the parties or party representatives are welcome to attend the argument by video. (Barry, Donna) [Transferred from Connecticut on 8/25/2022.] |
| NOTICE regarding hearing via Zoom: The oral argument scheduled for 10/21/21 at 10:30 a.m. will be conducted via Zoom. All parties, as well as members of the public, are invited to use the following information to participate in and observe this hearing.Video link is https://www.zoomgov.com/j/1618992974?pwd=V1kydk9SODNaNW5ManFpeHRkTVU3dz09 Call in number: 1-646-828-7666Meeting ID: 161 899 2974 Meeting Password: 263534Please note: Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, screenshots, streaming, and rebroadcasting in any form, of court proceedings. The Judicial Conference of the United States, which governs the practices of the federal courts, has prohibited it. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (Barry, Donna) [Transferred from Connecticut on 8/25/2022.] |
| Filing 24 Memorandum in Opposition re #20 MOTION to Dismiss Amended Complaint filed by Korrine Herlth. (Esfandiari, Bijan) [Transferred from Connecticut on 8/25/2022.] |
|
Filing 23
ORDER granting joint unopposed Motion for Extension of Time to File Response (Doc. #22 ) to Defendants' motion to dismiss (Doc. #20 ). Plaintiff's opposition is due by 09/03/2021 , Defendants' reply, if any, is due by 09/21/2021. Signed by Judge Jeffrey A. Meyer on 8/18/21. (Barry, Donna) [Transferred from Connecticut on 8/25/2022.]
|
| Filing 22 Joint MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Dismiss Amended Complaint until 9/3/2021 and 9/21/2021 by Korrine Herlth. (Attachments: #1 Text of Proposed Order)(Esfandiari, Bijan) [Transferred from Connecticut on 8/25/2022.] |
| Filing 21 Memorandum in Support re #20 MOTION to Dismiss Amended Complaint filed by Merck & Co Inc, Merck Sharp & Dohme Corp.. (Attachments: #1 Declaration of Catherine A. Mohan, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z, #28 Exhibit AA, #29 Exhibit BB, #30 Exhibit CC, #31 Exhibit DD, #32 Exhibit EE, #33 Exhibit FF, #34 Exhibit GG, #35 Exhibit HH, #36 Exhibit II, #37 Exhibit JJ, #38 Exhibit KK, #39 Exhibit LL, #40 Exhibit MM, #41 Exhibit NN, #42 Exhibit OO, #43 Exhibit PP, #44 Exhibit QQ, #45 Exhibit RR)(Mohan, Catherine) [Transferred from Connecticut on 8/25/2022.] |
| Filing 20 MOTION to Dismiss Amended Complaint by Merck & Co Inc, Merck Sharp & Dohme Corp..Responses due by 8/25/2021 (Mohan, Catherine) [Transferred from Connecticut on 8/25/2022.] |
|
Filing 19
ORDER DENYING MOTION TO DISMISS WITHOUT PREJUDICE (Doc. #15 ). In light of the plaintiff's filing of an amended complaint, the Court DENIES the motion to dismiss as moot and without prejudice to the timely filing of any motion to dismiss as to the amended complaint. See Int'l Controls Corp. v. Vesco, 556 F.2d 665, 668 (2d Cir. 1977). It is so ordered. Signed by Judge Jeffrey A. Meyer on 7/26/2021. (DeBot, B.) [Transferred from Connecticut on 8/25/2022.]
|
| Filing 18 AMENDED COMPLAINT against Merck & Co Inc, Merck Sharp & Dohme Corp., filed by Korrine Herlth.(Esfandiari, Bijan) [Transferred from Connecticut on 8/25/2022.] |
|
Filing 17
ORDER granting #11 MOTION for Attorney Nicole K.H. Maldonado to be Admitted Pro Hac Vice, granting #12 MOTION for Attorney Michael L. Baum to be Admitted Pro Hac Vice, granting #13 MOTION for Attorney Bijan Esfandiari to be Admitted Pro Hac Vice, and granting #14 MOTION for Attorney Robert F. Kennedy, Jr. to be Admitted Pro Hac Vice. It is so ordered. Signed by Clerk on 7/6/2021. (Freberg, B) [Transferred from Connecticut on 8/25/2022.]
|
| Filing 16 Memorandum in Support re #15 MOTION to Dismiss filed by Merck & Co Inc, Merck Sharp & Dohme Corp.. (Attachments: #1 Declaration of Catherine A. Mohan, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z, #28 Exhibit AA, #29 Exhibit BB, #30 Exhibit CC, #31 Exhibit DD, #32 Exhibit EE, #33 Exhibit FF, #34 Exhibit GG, #35 Exhibit HH, #36 Exhibit II, #37 Exhibit JJ, #38 Exhibit KK, #39 Exhibit LL, #40 Exhibit MM, #41 Exhibit NN, #42 Exhibit OO, #43 Exhibit PP)(Mohan, Catherine) [Transferred from Connecticut on 8/25/2022.] |
| Filing 15 MOTION to Dismiss by Merck & Co Inc, Merck Sharp & Dohme Corp..Responses due by 7/23/2021 (Mohan, Catherine) [Transferred from Connecticut on 8/25/2022.] |
| Filing 14 MOTION for Attorney(s) Robert F. Kennedy, Jr. to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6565307) by Korrine Herlth. (Mills, John) [Transferred from Connecticut on 8/25/2022.] |
| Filing 13 MOTION for Attorney(s) Bijan Esfandiari to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6565305) by Korrine Herlth. (Mills, John) [Transferred from Connecticut on 8/25/2022.] |
| Filing 12 MOTION for Attorney(s) Michael L. Baum to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6565298) by Korrine Herlth. (Mills, John) [Transferred from Connecticut on 8/25/2022.] |
| Filing 11 MOTION for Attorney(s) Nicole K.H. Maldonado to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6565294) by Korrine Herlth. (Mills, John) [Transferred from Connecticut on 8/25/2022.] |
|
Filing 10
ORDER granting #8 Motion for Extension of Time. Signed by Judge Jeffrey A. Meyer on 06/01/21. (Barry, Donna) [Transferred from Connecticut on 8/25/2022.]
|
| Answer deadline updated for Merck & Co Inc and Merck Sharp & Dohme Corp. to 7/2/2021. (Barry, Donna) [Transferred from Connecticut on 8/25/2022.] |
| Filing 9 Corporate Disclosure Statement by Merck & Co Inc, Merck Sharp & Dohme Corp.. (Mohan, Catherine) [Transferred from Connecticut on 8/25/2022.] |
| Filing 8 MOTION for Extension of Time until July 2, 2021to Answer or Otherwise Respond to the Complaint #1 Complaint by Merck & Co Inc, Merck Sharp & Dohme Corp.. (Mohan, Catherine) [Transferred from Connecticut on 8/25/2022.] |
| Filing 7 NOTICE of Appearance by Catherine A. Mohan on behalf of Merck & Co Inc, Merck Sharp & Dohme Corp. (Mohan, Catherine) [Transferred from Connecticut on 8/25/2022.] |
| Filing 6 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Merck & Co Inc, Merck Sharp & Dohme Corp.* with answer to complaint due within *21* days. Attorney *John W. Mills* *Mills & Cahill, LLC* *1 Whitney Avenue, Suite 201* *New Haven, CT 06510*. (Freberg, B) [Transferred from Connecticut on 8/25/2022.] |
| Filing 5 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #1 Complaint filed by Korrine Herlth, #4 Protective Order, #2 Order on Pretrial Deadlines, #3 Electronic Filing Order. Signed by Clerk on 3/30/2021.(Freberg, B) [Transferred from Connecticut on 8/25/2022.] |
|
Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 3/30/2021.(Freberg, B) [Transferred from Connecticut on 8/25/2022.]
|
|
Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Jeffrey A. Meyer on 3/30/2021.(Freberg, B) [Transferred from Connecticut on 8/25/2022.]
|
|
Filing 2
Order on Pretrial Deadlines: Amended Pleadings due by 5/29/2021 Discovery due by 9/29/2021 Dispositive Motions due by 11/3/2021 Signed by Clerk on 3/30/2021.(Freberg, B) [Transferred from Connecticut on 8/25/2022.]
|
| Filing 1 COMPLAINT against All Defendants ( Filing fee $402 receipt number ACTDC-6451199.), filed by Korrine Herlth.(Mills, John) [Transferred from Connecticut on 8/25/2022.] |
| Request for Clerk to issue summons as to All Defendants. (Mills, John) [Transferred from Connecticut on 8/25/2022.] |
| Judge Jeffrey A. Meyer added. (Oliver, T.) [Transferred from Connecticut on 8/25/2022.] |
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.
