Erickson et al v. Merck & Co., Inc. et al
Vernon Purdham |
MERCK SHARP & DOHME CORP, MCKESSON CORP., MERCK & CO INC, MERCK SHARP & DOHME CORP. and MERCK & CO., INC. |
2:2018cv20006 |
August 10, 2018 |
US District Court for the Eastern District of Pennsylvania |
Philadelphia Office |
Outside the State of PA. |
HARVEY BARTLE |
P.I.: Personal Inj. Prod. Liability |
28 U.S.C. § 1446 |
Plaintiff |
Docket Report
This docket was last retrieved on August 13, 2018. A more recent docket listing may be available from PACER.
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Filing 62 PRETRIAL ORDER NO. 1 THAT ALL PROCEEDINGS ARE STAYED UNTIL FURTHER ORDER OF THE COURT. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/13/2018. 8/14/2018 ENTERED AND COPIES MAILED AND E-MAILED. (SEE PAPER # 3 IN 18-MD-2848) (ems) |
Filing 61 Copy of Transfer Order that pursuant to 28 U.S.C. 1407 the actions listed on Schedule A are transferred to the ED-PA and assigned to the Honorable Harvey Bartle III for coordinated pretrial proceedings. (See Paper # 1 in 18-md-2848) (ems) |
Filing 60 Case transferred in from District of Florida Middle; Case Number 6:17-cv-01672. Original file certified copy of transfer order and docket sheet received. |
Filing 59 MULTIDISTRICT LITIGATION panel order transferring case to: Eastern District of Pennsylvania MDL case number: 2848. (MAA) [Transferred from Florida Middle on 8/10/2018.] |
Filing 58 ORDER granting #57 DEFENDANTS' UNOPPOSED MOTION TO STAY PROCEEDINGS PENDING DECISION BY THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION. The Clerk is directed to STAY AND ADMINISTRATIVELY CLOSE this case until such time as the Panel has dispositively ruled as to whether this case will be transferred to another court for consolidated multidistrict litigation; and the parties shall immediately inform the Court when the Panel has made its final ruling. Signed by Magistrate Judge Gregory J. Kelly on 6/11/2018. (MB) [Transferred from Florida Middle on 8/10/2018.] |
Filing 57 Unopposed MOTION to stay Proceedings Pending Decision by the Judicial Panel on Multidistrict Litigation by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Gerecke, Edward) [Transferred from Florida Middle on 8/10/2018.] |
Set deadlines: Second Amended complaint due by 6/25/2018 (BIA) [Transferred from Florida Middle on 8/10/2018.] |
Filing 56 ORDER granting #43 DEFENDANT McKESSON CORPORATION'S MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT AND INCORPORATED MEMORANDUM OF LAW ; granting #46 DEFENDANTS MERCK & CO., INC. AND MERCK SHARP & DOHME CORP.'S MOTION TO DISMISS PLAINTIFF'S CLAIMS FOR FRAUDULENT MISREPRESENTATION, NEGLIGENT MISREPRESENTATION, AND CONSUMER FRAUD AND INCORPORATED MEMORANDUM OF LAW.The Amended Complaint is DISMISSED; and Purdham may file a second amended complaint on or before June 25, 2018, or the case will be dismissed without prejudice without further notice. Signed by Magistrate Judge Gregory J. Kelly on 5/25/2018. (MB) [Transferred from Florida Middle on 8/10/2018.] |
Filing 55 NOTICE of supplemental authority re #46 MOTION to Dismiss Plaintiff's Claims for Fraudulent Misrepresentation, Negligent Misrepresentation, and Consumer Fraud, and Incorporated Memorandum of Law by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gerecke, Edward) [Transferred from Florida Middle on 8/10/2018.] |
Filing 54 NOTICE of supplemental authority re #46 MOTION to Dismiss Plaintiff's Claims for Fraudulent Misrepresentation, Negligent Misrepresentation, and Consumer Fraud, and Incorporated Memorandum of Law by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Attachments: #1 Exhibit 1)(Gerecke, Edward) [Transferred from Florida Middle on 8/10/2018.] |
Filing 53 NOTICE of supplemental authority re #43 MOTION to Dismiss Amended Complaint and Incorporated Memorandum of Law by McKesson Corp.. (Attachments: #1 Exhibit 1)(Preston, Brett) [Transferred from Florida Middle on 8/10/2018.] |
Filing 52 ENDORSED ORDER denying #51 Defendants Merck & Co., Inc. and Merck Sharp & Dohme Corp.'s Unopposed Motion for Leave to File Reply Supporting Their Motion to Dismiss Plaintiff's Claims for Fraudulent Misrepresentation, Negligent Misrepresentation, and Consumer Fraud and Incorporated Memorandum of Law. The matters Defendants wish to address in a reply were either addressed in the motion itself and/or the Court does not need the assistance of a reply to evaluate them. Signed by Magistrate Judge Gregory J. Kelly on 3/20/2018. (MB) [Transferred from Florida Middle on 8/10/2018.] |
Filing 51 Unopposed MOTION for leave to file File Reply Supporting Their Motion to Dismiss Plaintiff's Claims for Fraudulent Misrepresentation, Negligent Misrepresentation, and Consumer Fraud and Incorporated Memorandum of Law by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Gerecke, Edward) [Transferred from Florida Middle on 8/10/2018.] |
Filing 50 RESPONSE in Opposition re #46 MOTION to Dismiss Plaintiff's Claims for Fraudulent Misrepresentation, Negligent Misrepresentation, and Consumer Fraud, and Incorporated Memorandum of Law filed by Vernon Purdham. (DeGisi, Carmen) [Transferred from Florida Middle on 8/10/2018.] |
Filing 49 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by McKesson Corp.. Related case(s): YES (Preston, Brett) [Transferred from Florida Middle on 8/10/2018.] |
Filing 48 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order by Vernon Purdham. (DeGisi, Carmen) Modified on 3/9/2018 (ALL). [Transferred from Florida Middle on 8/10/2018.] |
Filing 47 RESPONSE in Opposition re #43 MOTION to Dismiss Amended Complaint and Incorporated Memorandum of Law filed by Vernon Purdham. (DeGisi, Carmen) [Transferred from Florida Middle on 8/10/2018.] |
Filing 46 MOTION to Dismiss Plaintiff's Claims for Fraudulent Misrepresentation, Negligent Misrepresentation, and Consumer Fraud, and Incorporated Memorandum of Law by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gerecke, Edward) [Transferred from Florida Middle on 8/10/2018.] |
Set deadlines: for Merck & Co., Inc., Merck Sharp & Dohme Corp. Answer due by 3/2/2018. (BIA) [Transferred from Florida Middle on 8/10/2018.] |
Filing 45 ENDORSED ORDER granting #44 Defendants Merck & Co., Inc. and Merck Sharp & Dohme Corp.'s Unopposed Motion for Extension of Time to Respond to the First Amended Complaint. The response shall be filed on or before March 2, 2018. Signed by Magistrate Judge Gregory J. Kelly on 2/27/2018. (MB) [Transferred from Florida Middle on 8/10/2018.] |
Filing 44 Unopposed MOTION for Extension of Time to File Reponse to the First Amended Complaint by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Gerecke, Edward) [Transferred from Florida Middle on 8/10/2018.] |
Filing 43 MOTION to Dismiss Amended Complaint and Incorporated Memorandum of Law by McKesson Corp.. (Preston, Brett) [Transferred from Florida Middle on 8/10/2018.] |
Filing 42 NOTICE of Appearance by Carolina Yvonne Blanco on behalf of McKesson Corp. (Blanco, Carolina) [Transferred from Florida Middle on 8/10/2018.] |
Filing 41 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Vernon Purdham. Related document: #2 Complaint filed by Rebecca Bell, Robert Erickson, Vernon Purdham.(DeGisi, Carmen) [Transferred from Florida Middle on 8/10/2018.] |
Set/reset deadlines/hearings: Amended complaint due by 2/14/2018 (LMM) [Transferred from Florida Middle on 8/10/2018.] |
Filing 40 ORDER granting #6 DEFENDANTS MERCK & CO., INC. AND MERCK SHARP & DOHME CORP.'S MOTION TO DISMISS PLAINTIFFS' CLAIMS FOR FRAUDULENT MISREPRESENTATION, NEGLIGENT MISREPRESENTATION, AND CONSUMER FRAUD AND INCORPORATED MEMORANDUM OF LAW; granting #25 DEFENDANT McKESSON CORPORATION'S MOTION TO DISMISS PLAINTIFFS' COMPLAINT AND INCORPORATED MEMORANDUM OF LAW. The Complaint is DISMISSED; and Purdham may file an amended complaint on or before February 14, 2018, or the case will be dismissed without prejudice without further notice. Signed by Magistrate Judge Gregory J. Kelly on 1/31/2018. (MB) [Transferred from Florida Middle on 8/10/2018.] |
Filing 39 NOTICE of supplemental authority re #6 MOTION to Dismiss Plaintiffs' Claims for Fraudulent Misrepresentation, Negligent Misrepresentation, and Consumer Fraud and Incorporated Memorandum of Law by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Attachments: #1 Exhibit 1)(Gerecke, Edward) [Transferred from Florida Middle on 8/10/2018.] |
Filing 38 RESPONSE in Opposition re #25 MOTION to Dismiss Complaint and Incorporated Memorandum of Law filed by Vernon Purdham. (DeGisi, Carmen) [Transferred from Florida Middle on 8/10/2018.] |
Filing 37 ORDER granting #34 Defendants Merck & Co., Inc. and Merck Sharp & Dohme Corp.'s Unopposed Motion to Sever and Transfer. The Clerk is directed to follow the instructions stated herein. Signed by Magistrate Judge Gregory J. Kelly on 11/21/2017. (DWG) [Transferred from Florida Middle on 8/10/2018.] |
Filing 36 CASE REFERRED to Mediation, Steven Sawicki appointed as Mediator. (RMF) [Transferred from Florida Middle on 8/10/2018.] |
reset scheduling order deadlines: Final Pretrial Conference set for 3/11/2019 at 10:00 AM in Orlando Courtroom 3 C before Magistrate Judge Gregory J. Kelly (RMF) [Transferred from Florida Middle on 8/10/2018.] |
Filing 35 REPLY to Response to Motion re #6 MOTION to Dismiss Plaintiffs' Claims for Fraudulent Misrepresentation, Negligent Misrepresentation, and Consumer Fraud and Incorporated Memorandum of Law filed by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Gerecke, Edward) [Transferred from Florida Middle on 8/10/2018.] |
Filing 34 Unopposed MOTION to Sever and Transfer Plaintiffs Erickson and Bell by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Gerecke, Edward) [Transferred from Florida Middle on 8/10/2018.] |
Filing 33 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 1/5/2018, Joinder of Parties due by 1/5/2018, Discovery due by 10/5/2018, Dispositive motions due by 10/25/2018, Pretrial statement due by 2/19/2019, All other motions due by 11/5/2018, Plaintiff disclosure of expert report due by 7/3/2018, Defendant disclosure of expert report due by 8/3/2018, Final Pretrial Conference set for 3/11/2019 at 10:00 AM in Orlando Courtroom 3 C before Magistrate Judge Gregory J. Kelly, Jury Trial set for 4/15/2019 at 10:00 AM in Orlando Courtroom 3 C before Magistrate Judge Gregory J. Kelly. Conduct mediation hearing by 11/1/2018. Lead counsel to coordinate dates. Signed by Magistrate Judge Gregory J. Kelly on 11/20/2017. (MB) Modified on 11/21/2017 (RMF). [Transferred from Florida Middle on 8/10/2018.] |
Filing 32 Case Reassigned to Magistrate Judge Gregory J. Kelly as presider. New case number: 6:17-cv-1672-ORL-GJK. (RDO) [Transferred from Florida Middle on 8/10/2018.] |
Filing 31 CONSENT to trial by U.S. Magistrate Judge by all parties re #29 Case Management Report.(RDO) [Transferred from Florida Middle on 8/10/2018.] |
Filing 30 ORDER: This case is REFERRED to the assigned United States Magistrate Judge, for all further proceedings and the entry of judgment in accordance with 28 U.S.C. 636(c) and Fed.R.Civ.P. 73, with any appeal to be taken to the United States Court of Appeals. Signed by Judge Paul G. Byron on 11/16/2017. (MMW) [Transferred from Florida Middle on 8/10/2018.] |
Filing 29 CASE MANAGEMENT REPORT. (Gerecke, Edward) [Transferred from Florida Middle on 8/10/2018.] |
Filing 28 NOTICE of Appearance by Matthew F. Hall on behalf of McKesson Corp. (Hall, Matthew) [Transferred from Florida Middle on 8/10/2018.] |
Filing 27 ENDORSED ORDER granting #26 Motion for Leave to File Reply Supporting Motion to Dismiss Plaintiffs' Claims for Fraudulent Misrepresentation, Negligent Misrepresentation, and Consumer Fraud and Incorporated Memorandum of Law. Reply due 11/20/2017 and shall not exceed five (5) pages. Signed by Judge Paul G. Byron on 11/9/2017. (BAH) [Transferred from Florida Middle on 8/10/2018.] |
Set/reset deadlines as to #6 MOTION to Dismiss Plaintiffs' Claims for Fraudulent Misrepresentation, Negligent Misrepresentation, and Consumer Fraud and Incorporated Memorandum of Law . Replies due by 11/20/2017. (JET) [Transferred from Florida Middle on 8/10/2018.] |
Filing 26 Unopposed MOTION for leave to file Reply re #20 Response in Opposition and in Support of #6 Motion to Dismiss Plaintiffs' Claims for Fraudulent Misrepresentation, Negligent Misrepresentation, and Consumer Fraud and Incorporated Memorandum of Law by Merck & Co., Inc., Merck Sharp & Dohme Corp. (Gerecke, Edward) Modified on 11/9/2017 (JET). [Transferred from Florida Middle on 8/10/2018.] |
Filing 25 MOTION to Dismiss Complaint and Incorporated Memorandum of Law by McKesson Corp.. (Preston, Brett) [Transferred from Florida Middle on 8/10/2018.] |
Filing 24 ORDER granting #22 DEFENDANTS MERCK & CO., INC. AND MERCK SHARP & DOHME CORP.'S UNOPPOSED MOTION FOR CHRISTOPHER CONOSCENTI TO APPEAR PRO HAC VICE; granting #23 DEFENDANTS MERCK & CO., INC. AND MERCK SHARP & DOHME CORP.'S UNOPPOSED MOTION FOR DINO SANGIAMO TO APPEAR PRO HAC VICE, provided counsel shall register for and use the electronic filing system as adopted by the Court. Signed by Magistrate Judge Gregory J. Kelly on 11/8/2017. (MB) [Transferred from Florida Middle on 8/10/2018.] |
Filing 23 Unopposed MOTION for Dino Sangiamo to appear pro hac vice by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Gerecke, Edward) Motions referred to Magistrate Judge Gregory J. Kelly. [Transferred from Florida Middle on 8/10/2018.] |
Filing 22 Unopposed MOTION for Christopher Conoscenti to appear pro hac vice by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Gerecke, Edward) Motions referred to Magistrate Judge Gregory J. Kelly. [Transferred from Florida Middle on 8/10/2018.] |
Filing 21 ORDER denying #16 motion to appear pro hac vice; denying #17 motion to appear pro hac vice. Signed by Magistrate Judge Gregory J. Kelly on 11/7/2017. (MB) [Transferred from Florida Middle on 8/10/2018.] |
Filing 20 RESPONSE in Opposition re #6 MOTION to Dismiss Plaintiffs' Claims for Fraudulent Misrepresentation, Negligent Misrepresentation, and Consumer Fraud and Incorporated Memorandum of Law CORRECTED FILING filed by Rebecca Bell, Robert Erickson, Vernon Purdham. (Attachments: #1 Exhibit 1)(DeGisi, Carmen) Text modified on 11/7/2017 (RDO). [Transferred from Florida Middle on 8/10/2018.] |
Filing 19 RESPONSE in Opposition re #6 MOTION to Dismiss Plaintiffs' Claims for Fraudulent Misrepresentation, Negligent Misrepresentation, and Consumer Fraud and Incorporated Memorandum of Law filed by Rebecca Bell, Robert Erickson, Vernon Purdham. (Attachments: #1 Exhibit 1)(DeGisi, Carmen) Text modified on 11/6/2017 (RDO). [Transferred from Florida Middle on 8/10/2018.] |
Filing 18 ENDORSED ORDER granting #15 Plaintiffs' Unopposed Motion for Leave to Conduct Case Management Conference by Telephone, provided the parties agree on the essentials of the Case Management Report. Otherwise, the parties shall meet in person. Signed by Magistrate Judge Gregory J. Kelly on 10/31/2017. (MB) [Transferred from Florida Middle on 8/10/2018.] |
Filing 17 (MOTION for to appear pro hac vice) Written designation and consent to act by Edward W. Gerecke on behalf of Merck & Co., Inc., Merck Sharp & Dohme Corp.. Local Counsel: Edward W. Gerecke. Non-Resident Counsel: Dino Sangiamo. (Gerecke, Edward) Modified on 11/6/2017 (MAA). [Transferred from Florida Middle on 8/10/2018.] |
Filing 16 (MOTION for to appear pro hac vice) Written designation and consent to act by Edward W. Gerecke on behalf of Merck & Co., Inc., Merck Sharp & Dohme Corp.. Local Counsel: Edward W. Gerecke. Non-Resident Counsel: Christopher Conoscenti. (Gerecke, Edward) Modified on 11/6/2017 (MAA). [Transferred from Florida Middle on 8/10/2018.] |
***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Christopher Conoscenti, appearing on behalf of Merck & Co., Inc., Merck Sharp & Dohme Corp. (Filing fee $150 receipt number ORL68120.). (JP) [Transferred from Florida Middle on 8/10/2018.] |
***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Dino Sangiamo, appearing on behalf of Merck & Co., Inc., Merck Sharp & Dohme Corp. (Filing fee $150 receipt number ORL68121.). (JP) [Transferred from Florida Middle on 8/10/2018.] |
Filing 15 Unopposed MOTION to Appear Telephonically at Case Management Conference by Rebecca Bell, Robert Erickson, Vernon Purdham. (Attachments: #1 Text of Proposed Order)(DeGisi, Carmen) Motions referred to Magistrate Judge Gregory J. Kelly. [Transferred from Florida Middle on 8/10/2018.] |
Filing 14 CERTIFICATE of interested persons and corporate disclosure statement re #5 order by Rebecca Bell, Robert Erickson, Vernon Purdham. (DeGisi, Carmen) Modified on 10/27/2017 (JP). [Transferred from Florida Middle on 8/10/2018.] |
Filing 13 NOTICE of pendency of related cases re #4 order per Local Rule 1.04(d) by Rebecca Bell, Robert Erickson, Vernon Purdham. Related case(s): no (DeGisi, Carmen) Modified on 10/27/2017 (JP). [Transferred from Florida Middle on 8/10/2018.] |
Filing 12 NOTICE of Appearance by Carmen A. DeGisi on behalf of Rebecca Bell, Robert Erickson, Vernon Purdham (DeGisi, Carmen) [Transferred from Florida Middle on 8/10/2018.] |
Filing 11 ENDORSED ORDER granting #9 Defendant McKesson Corporation's Unopposed Motion for Enlargement of Time to Respond to Plaintiffs' Complaint. McKesson Corporation's answer or response to #2 Plaintiffs' Complaint is due on November 13, 2017. Signed by Magistrate Judge Gregory J. Kelly on 10/13/2017. (DWG) [Transferred from Florida Middle on 8/10/2018.] |
Filing 10 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested Persons Order by McKesson Corp.. (Preston, Brett) Modified on 10/13/2017 (RDO). [Transferred from Florida Middle on 8/10/2018.] |
Filing 9 UNOPPOSED MOTION to extend time until 11/10/17 to respond to Complaint by McKesson Corp.. (Preston, Brett) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 10/13/2017 (RDO). [Transferred from Florida Middle on 8/10/2018.] |
Filing 8 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order by Merck & Co., Inc., Merck Sharp & Dohme Corp. identifying Corporate Parent Merck & Co., Inc. for Merck Sharp & Dohme Corp... (Gerecke, Edward) [Transferred from Florida Middle on 8/10/2018.] |
Filing 7 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Merck & Co., Inc., Merck Sharp & Dohme Corp.. Related case(s): No. (Gerecke, Edward) [Transferred from Florida Middle on 8/10/2018.] |
Filing 6 MOTION to Dismiss Plaintiffs' Claims for Fraudulent Misrepresentation, Negligent Misrepresentation, and Consumer Fraud and Incorporated Memorandum of Law by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Gerecke, Edward) [Transferred from Florida Middle on 8/10/2018.] |
Filing 5 INTERESTED PERSONS ORDER. The Certificate of Interested Persons shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 9/25/2017. (GNB) copies e-mailed [Transferred from Florida Middle on 8/10/2018.] |
Filing 4 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. The Notice of Pendency of Other Actions shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 9/25/2017. (GNB) copies mailed/e-mailed [Transferred from Florida Middle on 8/10/2018.] |
Filing 3 NOTICE to counsel of Local Rule 2.01 for Carmen A. DeGisi (signed by deputy clerk). (JP) [Transferred from Florida Middle on 8/10/2018.] |
Filing 2 COMPLAINT against All Defendants with Jury Demand filed by All Plaintiffs. Filed in State Court on 8/18/17.(JP) [Transferred from Florida Middle on 8/10/2018.] |
Filing 1 NOTICE OF REMOVAL from Volusia County Seventh Judicial Circuit, case number 2017-31439-CICI filed in State Court on 8/18/17. Filing fee $ 400, receipt number ORL67090 filed by Merck & Co. Inc. and Merck Sharp & Dohme Corp.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 State Docket Sheet)(JP) Modified on 9/25/2017 (RDO). [Transferred from Florida Middle on 8/10/2018.] |
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