Bravo et al v. Merck & Co., Inc. et al
| Mike Jones, Joyce Scott, Connie Bravo, Judith Snyder and Patricia Cutillo |
| Merck Sharpe and Dohme, Inc., MERCK & CO., INC. and MCKESSON CORP. |
| 2:2018cv20043 |
| 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. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 14, 2018. A more recent docket listing may be available from PACER.
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| Filing 37 Case transferred in from District of New York Eastern; Case Number 1:18-cv-00687. Original file certified copy of transfer order and docket sheet received. |
| Filing 39 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 38 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 36 Certified JPMDL Conditional Transfer Order: IT IS THEREFORE ORDERED that the actions listed on Schedule A and pending outside the Eastern District of Pennsylvania are transferred to the Eastern District of Pennsylvania and, with the consent of that court, assigned to the Honorable Harvey Bartle III for coordinated or consolidated pretrial proceedings. (Florio, Lisa) [Transferred from New York Eastern on 8/14/2018.] |
| Case transferred to District of Eastern District of Pennsylvania. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Florio, Lisa) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 35 JPMDL Conditional Transfer Order: IT IS THEREFORE ORDERED that the actions listed on Schedule A and pending outside the Eastern District of Pennsylvania are transferred to the Eastern District of Pennsylvania and, with the consent of that court, assigned to the Honorable Harvey Bartle III for coordinated or consolidated pretrial proceedings. This order does not become effective until it is filed in the Office of the Clerk of the United States District Court for the Eastern District of Pennsylvania. (Florio, Lisa) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 34 Minute Entry for proceedings held before Judge Joseph F. Bianco:Telephone Conference held on 7/19/2018, MOTION SHALL BE FILED BY August 16, 2018 OPPOSITION SHALL BE FILED BY September 13, 2018 REPLY SHALL BE FILED BY September 27, 2018( oral argument set for 10/22/2018 04:30 PM in Courtroom 1040 before Judge Joseph F. Bianco.) (FTR Log #3:40-3:50.) (Bollbach, Jean) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 33 Letter pre-motion by Connie Bravo (Clarke, Jonathan) [Transferred from New York Eastern on 8/14/2018.] |
ORDER granting (41) Motion for Pre Motion Conference; granting (42) Motion for Pre Motion Conference in case 2:17-cv-06526-JFB-ARL; granting (38) Motion for Pre Motion Conference; granting (39) Motion for Pre Motion Conference in case 2:17-cv-07106-JFB-SIL; granting (29) Motion for Pre Motion Conference; granting (30) Motion for Pre Motion Conference in case 2:18-cv-00365-JFB-GRB; granting (31) Motion for Pre Motion Conference; granting (32) Motion for Pre Motion Conference in case 1:18-cv-00687-JFB-ARL. The Court has received defendants' July 2, 2018 letters requesting a pre-motion conference in anticipation of filing motions to dismiss the misrepresentation claims in plaintiffs' amended complaints. IT IS HEREBY ORDERED that the parties shall participate in a telephone pre-motion conference with the Court on Thursday, July 19, 2018, at 3:30 p.m. At the time of the conference, counsel for the Merck defendants shall initiate the call and, once all parties are on the line, shall contact Chambers at (631) 712-5670. Prior to the date of the conference, plaintiffs may submit letters pursuant to Individual Rule III.A explaining why the proposed motions are likely to be unsuccessful. SO ORDERED. Ordered by Judge Joseph F. Bianco on 7/3/2018. (Kuhn, Alyssa) [Transferred from New York Eastern on 8/14/2018.]
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| Filing 32 Letter MOTION for pre motion conference by McKesson Corp.. (Kurland, Thomas) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 31 Letter MOTION for pre motion conference by Merck & Co., Inc., Merck Sharpe and Dohme, Inc.. (McLaughlin, Matthew) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 30 AMENDED COMPLAINT against All Plaintiffs, filed by Connie Bravo. (Clarke, Jonathan) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 29 Letter MOTION to Adjourn Conference / Briefing and Scheduled Argument on Motion to Dismiss by Merck & Co., Inc., Merck Sharpe and Dohme, Inc.. (McLaughlin, Matthew) [Transferred from New York Eastern on 8/14/2018.] |
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ORDER granting #29 Motion to Adjourn Conference. The Court has received the Merck defendants' letter 1) notifying the Court that plaintiffs will file an amended complaint by June 18, 2018, and 2) requesting that the Court adjourn the remaining briefing and scheduled argument on the motions to dismiss (ECF Nos. 21, 23-24). IT IS HEREBY ORDERED that 1) the remaining briefing and upcoming oral argument are adjourned, 2) plaintiffs are granted permission to file an amended complaint, and 3) defendants shall respond to any amended complaint within fourteen days of its filing. SO ORDERED. Ordered by Judge Joseph F. Bianco on 6/12/2018. (Baum, Sabrina) [Transferred from New York Eastern on 8/14/2018.]
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| Filing 28 MEMORANDUM in Opposition to Merk's Motion to Dismiss filed by Connie Bravo. (Clarke, Jonathan) [Transferred from New York Eastern on 8/14/2018.] |
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SCHEDULING ORDER: Motion Hearing set for 6/26/2018 03:00 PM before Judge Joseph F. Bianco. IT IS HEREBY ORDERED that the oral argument scheduled for June 26, 2018 at 4:30 p.m. is rescheduled to 3:00 p.m. the same day. SO ORDERED. Ordered by Judge Joseph F. Bianco on 6/4/2018. (Baum, Sabrina) [Transferred from New York Eastern on 8/14/2018.]
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| Filing 27 MEMORANDUM in Opposition to Mckesson's Motion to Dis filed by Connie Bravo. (Clarke, Jonathan) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 26 AFFIDAVIT/DECLARATION in Opposition re #23 MOTION to Dismiss Plaintiffs' Claims for Fraudulent and Negligent Misrepresentation, #21 MOTION to Dismiss filed by Connie Bravo. (Clarke, Jonathan) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 24 MEMORANDUM in Support re #23 MOTION to Dismiss Plaintiffs' Claims for Fraudulent and Negligent Misrepresentation filed by McKesson Corp.. (Kurland, Thomas) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 23 MOTION to Dismiss Plaintiffs' Claims for Fraudulent and Negligent Misrepresentation by McKesson Corp.. (Kurland, Thomas) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 22 Corporate Disclosure Statement by McKesson Corp. identifying Corporate Parent no parent corporation for McKesson Corp.. (Kurland, Thomas) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 21 MOTION to Dismiss by Merck & Co., Inc., Merck Sharpe and Dohme, Inc.. (Attachments: #1 Declaration of Matthew T. McLaughlin, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Memorandum in Support) (McLaughlin, Matthew) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 25 Letter dated 4/23/2018 Re: Zostavax (Zoster Vaccine Live) Products Liability Litigation, Judicial Panel on Multidistrict Litigation, MDL No. 2848. In accordance with Rule 4. l (b) of Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, please find enclosed true and correct copies of: Motion of Merck & Co., Inc. and Merck Sharp & Dohme Corp. for transfer of actions pursuant to 28 U.S.C. 1407 for coordinated pretrial proceedings, Memorandum in Support and exhibits thereto, Schedule of Related Actions and Proof of Service. (Attachments: #1 Motion to transfer of actions, #2 Memoranum of law in support, #3 Exhibit 1 part 1, #4 Exhibit 1 part 2, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Schedule of actions, #9 Proof of service) (Florio, Lisa) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 20 NOTICE of Appearance by Matthew Williams James Webb on behalf of Merck & Co., Inc., Merck Sharpe and Dohme, Inc. (aty to be noticed) (Webb, Matthew) [Transferred from New York Eastern on 8/14/2018.] |
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ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Arlene R. Lindsay for all further proceedings. Magistrate Judge Lois Bloom no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Dora Lizette Irizarry on 4/10/2018. (Bowens, Priscilla) [Transferred from New York Eastern on 8/14/2018.]
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ORDER granting #19 Motion for Pre Motion Conference. By letter dated April 4, 2018, defendant McKesson Corporation requests a pre-motion conference in anticipation of moving to dismiss plaintiffs' fraudulent misrepresentation and negligent misrepresentation claims. IT IS HEREBY ORDERED that the pre-motion conference requirement is waived, and the briefing schedule is as follows: defendant shall submit its motion by May 4, 2018, plaintiffs shall submit their opposition by June 4, 2018; defendant shall submit its reply by June 18, 2018; and oral argument shall take place on June 26, 2018, at 4:30 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 4/6/2018. (Baum, Sabrina) [Transferred from New York Eastern on 8/14/2018.]
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ORDER granting #18 Motion for Pre Motion Conference. By letter dated April 4, 2018, defendants Merck & Co., Inc. and Merck Sharp & Dohme Corp. (collectively, "Merck") request a pre-motion conference in anticipation of moving to dismiss plaintiffs' fraudulent misrepresentationand negligent misrepresentation claims. IT IS HEREBY ORDERED that the pre-motion conference requirement is waived, and the briefing schedule is as follows: defendants shall submit their motion by May 4, 2018, plaintiffs shall submit their opposition by June 4, 2018; defendants shall submit their reply by June 18, 2018; and oral argument shall be held on June 26, 2018, at 4:30 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 4/6/2018. (Baum, Sabrina) [Transferred from New York Eastern on 8/14/2018.]
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| Filing 19 Letter MOTION for pre motion conference by McKesson Corp.. (Kurland, Thomas) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 18 Letter MOTION for pre motion conference by Merck & Co., Inc., Merck Sharpe and Dohme, Inc.. (McLaughlin, Matthew) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 17 RESPONSE to Discovery Request from Merck by Connie Bravo. (Clarke, Jonathan) [Transferred from New York Eastern on 8/14/2018.] |
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ORDER: In light of the recent reassignment of this case, the Court cancels the April 9, 2018 initial conference before Judge Bloom. Ordered by Magistrate Judge Lois Bloom on 4/2/2018. (Smith, Roberta) [Transferred from New York Eastern on 8/14/2018.]
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ORDER REASSIGNING CASE. Case reassigned to Judge Joseph F. Bianco for all further proceedings. Judge Roslynn R. Mauskopf no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Dora Lizette Irizarry on 3/29/2018. (Bowens, Priscilla) [Transferred from New York Eastern on 8/14/2018.]
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| Filing 16 ACKNOWLEDGMENT OF SERVICE Executed Acknowledgement filed by Connie Bravo, Patricia Cutillo, Mike Jones, Joyce Scott, Judith Snyder. (Clarke, Jonathan) [Transferred from New York Eastern on 8/14/2018.] |
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Filing 15
ORDER, GRANTING #13 MOTION TO ADMIT COUNSEL PRO HAC VICE. The admitted attorney Dino Santo Sangiamo, a member in good standing of the bar of the State of Maryland and Washington, D.C., as attorney pro hac vice, is permitted to argue or try this case in whole or in part as counsel for Defendants Merck & Co., Inc. and Merck Sharp & Dohme Corp. SO ORDERED by Magistrate Judge Lois Bloom, on 3/23/2018. (The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case.) (Latka-Mucha, Wieslawa) [Transferred from New York Eastern on 8/14/2018.]
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| Filing 14 NOTICE of Appearance by Jonathan C Clarke on behalf of All Plaintiffs (aty to be noticed) (Clarke, Jonathan) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 13 MOTION for Leave to Appear Pro Hac Vice of Dino S. Sangiamo Filing fee $ 150, receipt number 0207-10293109. by Merck & Co., Inc., Merck Sharpe and Dohme, Inc.. (Attachments: #1 Affidavit of Dino S. Sangiamo, #2 Certificate of Good Standing (DC), #3 Certificate of Good Standing (MD)) (Sangiamo, Dino) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 12 Notice of Related Case indicated on the attachment to the Civil Cover Sheet in Case No. 2:18-cv-01592. (Flanagan, Doreen) [Transferred from New York Eastern on 8/14/2018.] |
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Filing 11
ORDER, GRANTING #10 MOTION TO ADMIT COUNSEL PRO HAC VICE. The admitted attorney Kathleen Sullivan Hardway is permitted to argue or try this case in whole or in part as counsel or advocate for Defendants Merck & Co., Inc. and Merck Sharp & Dohme Corp. SO ORDERED by Magistrate Judge Lois Bloom, on 3/9/2018. (The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case.) (Latka-Mucha, Wieslawa) [Transferred from New York Eastern on 8/14/2018.]
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| Filing 10 MOTION for Leave to Appear Pro Hac Vice of Kathleen S. Hardway Filing fee $ 150, receipt number 0207-10258283. by Merck & Co., Inc., Merck Sharpe and Dohme, Inc.. (Attachments: #1 Affidavit in Support, #2 Certificate of Good Standing (DC), #3 Certificate of Good Standing (MD)) (Hardway, Kathleen) [Transferred from New York Eastern on 8/14/2018.] |
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ORDER granting #9 Motion to Adjourn Conference: Defendants write on behalf of the parties to request that the Court adjourn the March 9, 2018 initial conference to April 9, 2018. ECF No. 9. This is the parties' first request for an adjournment. The request is granted. In the future, any adjournment request that the parties submit shall include multiple dates on which the parties are available for the Court to choose a date at its convenience. The Court shall hold an initial conference in plaintiff's personal injury action on April 9, 2018 at 2:30 p.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. The parties shall exchange their Rule 26(a)(1) initial disclosures and file their Rule 26(f) Meeting Report with the Court by April 2, 2018. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be received in writing at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 2/13/2018. (Doody, Sara) [Transferred from New York Eastern on 8/14/2018.]
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| Filing 9 Letter MOTION to Adjourn Conference by Merck & Co., Inc., Merck Sharpe and Dohme, Inc.. (McLaughlin, Matthew) [Transferred from New York Eastern on 8/14/2018.] |
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SCHEDULING ORDER: The Court shall hold an initial conference in plaintiff's personal injury action on March 9, 2018 at 11:00 a.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. The parties shall exchange their Rule 26(a)(1) initial disclosures and file their Rule 26(f) Meeting Report with the Court by March 2, 2018. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be received in writing at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 2/9/2018. (Doody, Sara) [Transferred from New York Eastern on 8/14/2018.]
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| Filing 8 Letter to the Hon. Roslynn R. Mauskopf, from Thomas P. Kurland, dated February 8, 2018 concerning McKesson's contemplated motion to dismiss by McKesson Corp. (Kurland, Thomas) [Transferred from New York Eastern on 8/14/2018.] |
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ORDER: The defendants' request for a pre-motion conference is denied with leave to renew after an initial conference before Magistrate Judge Bloom. The parties should be prepared to discuss the legal and factual issues raised by the proposed motion. The defendants' time to answer is extended until 21 days after this Court's Order on any motion to dismiss, or until further order of the Court. Ordered by Judge Roslynn R. Mauskopf on 2/8/2018. (Brodsky, Claudia) [Transferred from New York Eastern on 8/14/2018.]
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| Filing 7 NOTICE of Appearance by Thomas Philip Kurland on behalf of McKesson Corp. (aty to be noticed) (Kurland, Thomas) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 6 Letter MOTION for pre motion conference by Merck & Co., Inc., Merck Sharpe and Dohme, Inc.. (McLaughlin, Matthew) [Transferred from New York Eastern on 8/14/2018.] |
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ORDER: The defendants' request, on consent, for an extension of time to respond to the plaintiffs' complaint ( #5 ) is granted. The defendants shall respond by February 21, 2018. Ordered by Judge Roslynn R. Mauskopf on 2/7/2018. (Brodsky, Claudia) [Transferred from New York Eastern on 8/14/2018.]
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| Filing 5 Letter MOTION for Extension of Time to File Response/Reply by Merck & Co., Inc., Merck Sharpe and Dohme, Inc.. (McLaughlin, Matthew) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 4 NOTICE of Appearance by Adam Gordon Possidente on behalf of Merck & Co., Inc., Merck Sharpe and Dohme, Inc. (aty to be noticed) (Possidente, Adam) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. Additionally, case is reassigned to Office Code 1: Brooklyn as per civil cover sheet Rule 50.1(d)(2). (Rodin, Deanna) [Transferred from New York Eastern on 8/14/2018.] |
| Case assigned to Judge Roslynn R. Mauskopf and Magistrate Judge Lois Bloom. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 1 NOTICE OF REMOVAL by Merck & Co., Inc., Merck Sharpe & Dohme Inc. from Supreme Court of the State of New York, County of Kings, case number 525065/2017. (Filing fee $ 400 receipt number 0207-10163670) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Civil Cover Sheet, #2 Declaration of Matthew T. McLaughlin, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8) (McLaughlin, Matthew) Modified on 2/1/2018 (Rodin, Deanna). [Transferred from New York Eastern on 8/14/2018.] |
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