Patterson v. Merck & Co., Inc. et al
| Jane Patterson |
| MERCK SHARP & DOHME CORP, MCKESSON CORP., MERCK & CO INC, MERCK SHARP & DOHME CORP. and MERCK & CO., INC. |
| 2:2018cv20008 |
| 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
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This docket was last retrieved on August 13, 2018. A more recent docket listing may be available from PACER.
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| Filing 61 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 59 Case transferred in from District of Florida Middle; Case Number 6:18-cv-00092. Original file certified copy of transfer order and docket sheet received. |
| Filing 60 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 58 MULTIDISTRICT LITIGATION panel order transferring case to: Eastern District of Pennsylvania MDL case number: 2848. (MAA) [Transferred from Florida Middle on 8/13/2018.] |
| Filing 57 REPLY to Response to Motion re #50 MOTION to Dismiss First Amended Complaint filed by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Gerecke, Edward) [Transferred from Florida Middle on 8/13/2018.] |
Filing 56
ENDORSED ORDER granting #55 Motion for Leave to File. On or before June 13, 2018, Defendants may file a Reply not to exceed seven pages. Signed by Judge Carlos E. Mendoza on 5/30/2018. (KMS) [Transferred from Florida Middle on 8/13/2018.]
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| Set/reset deadline as to #50 MOTION to Dismiss First Amended Complaint. Reply due by 6/13/2018. (SPM) [Transferred from Florida Middle on 8/13/2018.] |
| Filing 55 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 by Merck & Co., Inc., Merck Sharp & Dohme Corp. (Gerecke, Edward) [Transferred from Florida Middle on 8/13/2018.] |
| Filing 54 NOTICE of supplemental authority re #50 MOTION to Dismiss First Amended Complaint by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gerecke, Edward) [Transferred from Florida Middle on 8/13/2018.] |
| Filing 53 NOTICE of supplemental authority re #49 MOTION to Dismiss First Amended Complaint and Incorporated Memorandum of Law by Mckesson Corp.. (Attachments: #1 Exhibit 1)(Preston, Brett) [Transferred from Florida Middle on 8/13/2018.] |
| Filing 52 RESPONSE in Opposition re #50 MOTION to Dismiss First Amended Complaint filed by Jane Patterson. (DeGisi, Carmen) [Transferred from Florida Middle on 8/13/2018.] |
| Filing 51 RESPONSE in Opposition re #49 MOTION to Dismiss First Amended Complaint and Incorporated Memorandum of Law filed by Jane Patterson. (DeGisi, Carmen) [Transferred from Florida Middle on 8/13/2018.] |
| Filing 50 MOTION to Dismiss First Amended Complaint by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gerecke, Edward) [Transferred from Florida Middle on 8/13/2018.] |
| Filing 49 MOTION to Dismiss First Amended Complaint and Incorporated Memorandum of Law by Mckesson Corp.. (Preston, Brett) [Transferred from Florida Middle on 8/13/2018.] |
| Filing 48 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Jane Patterson. Related document: #1 Complaint filed by Jane Patterson.(DeGisi, Carmen) [Transferred from Florida Middle on 8/13/2018.] |
| Filing 47 Case reassigned to Magistrate Judge Gregory J. Kelly. New case number: 6:18-cr-92-Orl-41GJK. Magistrate Judge Thomas B. Smith no longer assigned to the case. (MAA) [Transferred from Florida Middle on 8/13/2018.] |
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Filing 46
ORDER transferring case to Judge Kelly. Signed by Magistrate Judge Thomas B. Smith on 3/12/2018. (Smith, Thomas) [Transferred from Florida Middle on 8/13/2018.]
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| Filing 45 CERTIFICATE of interested persons and corporate disclosure statement re #32 Interested persons order by Mckesson Corp.. (Preston, Brett) [Transferred from Florida Middle on 8/13/2018.] |
| Filing 44 Amended NOTICE of pendency of related cases re #31 per Local Rule 1.04(d) by Mckesson Corp.. Related case(s): YES (Preston, Brett) Modified on 3/9/2018 (SPM). [Transferred from Florida Middle on 8/13/2018.] |
| Filing 43 CERTIFICATE of interested persons and corporate disclosure statement re #32 Interested persons order by Jane Patterson. (DeGisi, Carmen) [Transferred from Florida Middle on 8/13/2018.] |
| Filing 42 CASE REFERRED to Mediation. Steven Sawicki appointed as Mediator. (SPM) [Transferred from Florida Middle on 8/13/2018.] |
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Filing 41
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 3/30/2018, Joinder of Parties due by 3/30/2018, Discovery due by 8/1/2019, Dispositive motions due by 9/3/2019, Pretrial statement due by 1/13/2020, All other motions due by 12/2/2019, Plaintiff disclosure of expert report due by 5/6/2019, Defendant disclosure of expert report due by 6/28/2019, Trial Status Conference set for 1/16/2020 at 10:00 AM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza, Jury Trial set for the trial term commencing 2/3/2020 in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. Conduct mediation hearing by 10/31/2019. Lead counsel to coordinate dates. Signed by Judge Carlos E. Mendoza on 2/28/2018. (DJD) [Transferred from Florida Middle on 8/13/2018.]
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| Filing 40 NOTICE of Appearance by Carolina Yvonne Blanco on behalf of Mckesson Corp. (Blanco, Carolina) [Transferred from Florida Middle on 8/13/2018.] |
| Filing 39 CASE MANAGEMENT REPORT. (Gerecke, Edward) [Transferred from Florida Middle on 8/13/2018.] |
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Filing 38
ORDER granting #37 Motion to Appear Telephonically to prepare case management report. Signed by Magistrate Judge Thomas B. Smith on 2/12/2018. (Smith, Thomas) [Transferred from Florida Middle on 8/13/2018.]
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| Filing 37 Unopposed MOTION to Appear Telephonically by Jane Patterson. (Attachments: #1 Text of Proposed Order)(DeGisi, Carmen) Motions referred to Magistrate Judge Thomas B. Smith. [Transferred from Florida Middle on 8/13/2018.] |
| Filing 36 NOTICE of pendency of related cases re #31 Related case order and track 2 notice per Local Rule 1.04(d) by Merck & Co., Inc., Merck Sharp & Dohme Corp.. Related case(s): Yes (Walz, David) [Transferred from Florida Middle on 8/13/2018.] |
| Filing 35 CERTIFICATE of interested persons and corporate disclosure statement re #32 Interested persons order by Merck & Co., Inc., Merck Sharp & Dohme Corp. identifying Corporate Parent Merck & Co., Inc. for Merck Sharp & Dohme Corp... (Walz, David) [Transferred from Florida Middle on 8/13/2018.] |
| Filing 34 NOTICE of pendency of related cases #31 per Local Rule 1.04(d) by Mckesson Corp.. Related case(s): y (Preston, Brett) Modified on 2/7/2018 (SPM). [Transferred from Florida Middle on 8/13/2018.] |
| Filing 33 CERTIFICATE of interested persons and corporate disclosure statement re #32 Interested persons order by Mckesson Corp.. (Preston, Brett) [Transferred from Florida Middle on 8/13/2018.] |
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Filing 32
INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 2/6/2018. Signed by Judge Carlos E. Mendoza on 1/23/2018. (DJD) ctp [Transferred from Florida Middle on 8/13/2018.]
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| Filing 31 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 2/6/2018. Signed by D. Darley/Deputy Clerk on 1/23/2018. (DJD) ctp [Transferred from Florida Middle on 8/13/2018.] |
| Filing 30 Case transferred in as to plaintiff Jane Patterson only, from Tampa Division on 01/18/2018 Case Number 8:18-cv-34. Case assigned to District Judge Mendoza and Magistrate Judge Smith. New Case Number: 6:18-cv-92-Orl-41TBS. (MAA) [Transferred from Florida Middle on 8/13/2018.] |
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Filing 29
ORDER severing plaintiffs Jane Patterson, Joyce Pilliterini, MaryFaith Blanchard, Donna Alford, and Richard Kinard and transferring their claims to the Orlando, Ocala, and Fort Myers Divisions. See order for details. As to the remaining Tampa Division plaintiffs: David Malberg's claims are severed, and his separate claims will remain in this case. David Malberg is directed to file an amended complaint by January 26,2018 that includes only his claims. Angelo Bencivenga's claims are severed, and the Clerk is directed to open a newcase for his separate claims, which will be assigned to the undersigned. Thereafter, Angelo Bencivenga is directed to file an amended complaint in thenew case by January 26, 2018 that includes only his claims. Signed by Judge Susan C Bucklew on 1/16/2018. (JNB) [Transferred from Florida Middle on 8/13/2018.]
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| Filing 28 Minute Entry. Proceedings held before Judge Susan C Bucklew: STATUS CONFERENCE held on 1/16/2018. Court Reporter: Lynann Nicely (MSS) [Transferred from Florida Middle on 8/13/2018.] |
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Filing 27
ENDORSED ORDER granting #26 Motion to Appear Telephonically at status conference. Plaintiffs' counsel is directed to call the reserved conference toll free at 1-888-684-8852. The access code to enter the telephone conference is: 5417637. Counsel will then be prompted to enter the participant security code: 1834 followed by the #(pound) key. This conference will be activated at 10:30 a.m. so the conference may start promptly at 11:00 a.m. Signed by Judge Susan C Bucklew on 1/11/2018. (JD) [Transferred from Florida Middle on 8/13/2018.]
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| Filing 26 Unopposed MOTION to Appear Telephonically by Donna Alford, Angelo Bencivenga, MaryFaith Blanchard, Richard Kinard, David Malberg, Jane Patterson, Joyce Pilliterini. (Attachments: #1 Text of Proposed Order)(DeGisi, Carmen) Motions referred to Magistrate Judge Anthony E. Porcelli. [Transferred from Florida Middle on 8/13/2018.] |
| Filing 25 NOTICE of designation under Local Rule 3.05 - Track 2 (MSS) [Transferred from Florida Middle on 8/13/2018.] |
| Filing 24 NOTICE of hearing: Status Conference set for 1/16/2018 at 11:00 AM in Tampa Courtroom 10 B before Judge Susan C Bucklew. (JD) [Transferred from Florida Middle on 8/13/2018.] |
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Filing 23
ENDORSED ORDER denying as moot #19 motion to stay deadline for filing a case management report. A case management report must be filed by 2/20/18. Signed by Judge Susan C Bucklew on 1/4/2018. (JD) [Transferred from Florida Middle on 8/13/2018.]
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| Filing 22 NOTICE to counsel of new case number and judge assignment 8:18-cv-34-T-24AEP (signed by deputy clerk). (JNB) [Transferred from Florida Middle on 8/13/2018.] |
| Filing 21 Case transferred in from District of Florida Southern; Case Number 0:17-cv-62283. File received electronically [Transferred from Florida Middle on 8/13/2018.] |
| Filing 19 Unopposed MOTION to Stay Compliance with Scheduling Order Pending Ruling on Motion to Sever and Transfer by Merck & Co., Inc., Merck Sharp & Dohme Corp.,. Responses due by 1/18/2018 (Gerecke, Edward) [Transferred from flsd on 1/4/2018.] [Transferred from Florida Middle on 8/13/2018.] |
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Filing 20
Order Severing and Transferring Cases. Considering the residences of the parties, the places where their injuries are alleged to have been sustained, the convenience of the parties and witnesses, and the interests of justice, the Merck Defendants motion (ECF No. 18) is granted in part and denied in part.The Clerk is therefore directed to: (1) sever the claim of Plaintiff Green, opening a new case for her; (2) transfer Plaintiff Greens newly-opened case to the Northern District of Florida, Panama City Division; and (3) transfer this case, with the remaining Plaintiffs (Jane Patterson, Joyce Pilliterini, David Malberg, MaryFaith Blanchard, Donna Alford, Richard Kinard, and Angelo Bencivenga), to the Middle District of Florida, Tampa Division. Signed by Judge Robert N. Scola, Jr on 1/3/2018. (jas) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. [Transferred from flsd on 1/4/2018.] [Transferred from Florida Middle on 8/13/2018.]
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| Filing 18 Unopposed MOTION to Sever and Transfer to the Middle and Northern Districts of Florida by Merck & Co., Inc., Merck Sharp & Dohme Corp.,. Responses due by 1/17/2018 (Attachments: #1 Exhibit A - Erickson Order)(Walz, David) [Transferred from flsd on 1/4/2018.] [Transferred from Florida Middle on 8/13/2018.] |
| Filing 17 Clerks Notice to Filer re #16 Reply to Response to Motion. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (jas) [Transferred from flsd on 1/4/2018.] [Transferred from Florida Middle on 8/13/2018.] |
| Filing 16 REPLY to #14 Response to #13 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by McKesson Corp.. (Hall, Matthew) Modified to add document link on 12/28/2017 (jas). [Transferred from flsd on 1/4/2018.] [Transferred from Florida Middle on 8/13/2018.] |
| Filing 15 Notice of Supplemental Authority re #13 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by McKesson Corp. (Attachments: #1 Exhibit Exhibit 1) (Hall, Matthew) [Transferred from flsd on 1/4/2018.] [Transferred from Florida Middle on 8/13/2018.] |
| Filing 14 RESPONSE in Opposition re #13 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Donna Alford, Angelo Bencivenga, MaryFaith Blanchard, Doris Green, Richard Kinard, David Malberg, Jane Patterson, Joyce Pilliterini. Replies due by 12/27/2017. (Attachments: #1 Exhibit Exhibit 1)(DeGisi, Carmen) [Transferred from flsd on 1/4/2018.] [Transferred from Florida Middle on 8/13/2018.] |
| Filing 13 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by McKesson Corp.. Responses due by 12/19/2017 (Preston, Brett) [Transferred from flsd on 1/4/2018.] [Transferred from Florida Middle on 8/13/2018.] |
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Filing 12
GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES. Signed by Magistrate Judge Lurana S. Snow on 12/4/2017. (jas) [Transferred from flsd on 1/4/2018.] [Transferred from Florida Middle on 8/13/2018.]
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Filing 11
Order Requiring Discovery And Scheduling Conference And Order Referring Discovery Matters To Magistrate Judge Lurana S. Snow. Signed by Judge Robert N. Scola, Jr on 12/1/2017. (jas) [Transferred from flsd on 1/4/2018.] [Transferred from Florida Middle on 8/13/2018.]
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Filing 10
PAPERLESS ORDER: The Court grants #4 Defendant McKesson Corporation's unopposed motion for an extension of time to respond to the complaint. The Defendant's response to the complaint is due on or before December 8, 2017. Signed by Judge Robert N. Scola, Jr. on 11/28/2017. (kbe) [Transferred from flsd on 1/4/2018.] [Transferred from Florida Middle on 8/13/2018.]
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| Filing 9 NOTICE of Attorney Appearance by Carmen Anthony DeGisi on behalf of Donna Alford, Angelo Bencivenga, MaryFaith Blanchard, Doris Green, Richard Kinard, David Malberg, Jane Patterson, Joyce Pilliterini (DeGisi, Carmen) [Transferred from flsd on 1/4/2018.] [Transferred from Florida Middle on 8/13/2018.] |
| Set Answer Due Deadline per 10 Order: McKesson Corp. response due 12/8/2017. (asl) [Transferred from flsd on 1/4/2018.] [Transferred from Florida Middle on 8/13/2018.] |
| Filing 8 Statement of: Rule 7.1 Disclosure by Merck & Co., Inc., Merck Sharp & Dohme Corp., (Gerecke, Edward) [Transferred from flsd on 1/4/2018.] [Transferred from Florida Middle on 8/13/2018.] |
| Filing 7 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), Plaintiffs' Claims for Fraudulent Misrepresentation, Negligent Misrepresentation, and Consumer Fraud and Incorporated Memorandum of Law by Merck & Co., Inc., Merck Sharp & Dohme Corp.,. Responses due by 12/11/2017 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gerecke, Edward) [Transferred from flsd on 1/4/2018.][Transferred from Florida Middle on 8/13/2018.] |
| Filing 6 NOTICE of Attorney Appearance by Matthew Frank Hall on behalf of McKesson Corp.. Attorney Matthew Frank Hall added to party McKesson Corp.(pty:dft). (Hall, Matthew) [Transferred from flsd on 1/4/2018.] [Transferred from Florida Middle on 8/13/2018.] |
| Filing 5 Corporate Disclosure Statement by McKesson Corp. (Preston, Brett) [Transferred from flsd on 1/4/2018.] [Transferred from Florida Middle on 8/13/2018.] |
| Filing 4 Unopposed MOTION for Extension of Time respond to Complaint by McKesson Corp.. Attorney Brett Joseph Preston added to party McKesson Corp.(pty:dft). Responses due by 12/11/2017 (Attachments: #1 Proposed Order)(Preston, Brett) [Transferred from flsd on 1/4/2018.] [Transferred from Florida Middle on 8/13/2018.] |
| Filing 3 NOTICE of Attorney Appearance by Edward Walter Gerecke on behalf of Merck & Co., Inc., Merck Sharp & Dohme Corp.,. Attorney Edward Walter Gerecke added to party Merck & Co., Inc. (pty:dft), Attorney Edward Walter Gerecke added to party Merck Sharp & Dohme Corp., (pty:dft). (Gerecke, Edward) [Transferred from flsd on 1/4/2018.] [Transferred from Florida Middle on 8/13/2018.] |
| Filing 1 COMPLAINT against Mckesson Corp., Merck & Co., Inc., Merck Sharp & Dohme Corp. with Jury Demand filed by Donna Alford, Richard Kinard, Joyce Pilliterini, Angelo Bencivenga, David Malberg, Jane Patterson, MaryFaith Blanchard. (ORIGINALLY FILED IN STATE COURT) (JNB) Modified document number on 1/4/2018 (JNB). [Transferred from Florida Middle on 8/13/2018.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lurana S. Snow 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jas) [Transferred from flsd on 1/4/2018.] [Transferred from Florida Middle on 8/13/2018.] |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT) Filing fees $ 400.00 receipt number 113C-10202647, filed by Merck & Co., Inc., Merck Sharp & Dohme Corp.,. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Walz, David) [Transferred from flsd on 1/4/2018.] [Transferred from Florida Middle on 8/13/2018.] |
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