Zaccanelli et al v. Merck & Co., Inc. et al
| Mary Wallis, Evelyn Wagner, Marguarite Deboyace, Diane Bonizzi, Mary Zaccanelli, Loretta Abbo, Sheila Shea, Erica Sheild and Elsa Vega |
| Merck Sharp and Dohme, Inc., MERCK & CO., INC. and MCKESSON CORP. |
| 2:2018cv20045 |
| 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 44 Case transferred in from District of New York Eastern; Case Number 2:17-cv-07106. Original file certified copy of transfer order and docket sheet received. |
| Filing 46 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 45 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 43 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 42 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 41 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 40 Letter pre-motion by Mary Zaccanelli (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 39 Letter MOTION for pre motion conference by McKesson Corp.. (Kurland, Thomas) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 38 Letter MOTION for pre motion conference by Merck & Co., Inc., Merck Sharp and Dohme, Inc.. (McLaughlin, Matthew) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 37 AMENDED COMPLAINT against All Defendants, filed by Marguarite Deboyace, Elsa Vega, Loretta Abbo, Erica Sheild, Mary Wallis, Sheila Shea, Evelyn Wagner, Mary Zaccanelli, Diane Bonizzi. (Humphrey, Debra) [Transferred from New York Eastern on 8/14/2018.] |
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Filing 36
ORDER granting DE #35 Motion for Extension of Time to Answer. The parties' Stipulation Extending Time to Answer is So Ordered; see attached. Defendants' time to respond to the non-dismissed claims in Plaintiffs' complaint is hereby extended until 14 days following Plaintiffs' filing of an amended complaint. So Ordered by Magistrate Judge Steven I. Locke on 6/6/2018. (Vissichelli, Eric) [Transferred from New York Eastern on 8/14/2018.]
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| Filing 35 MOTION for Extension of Time to File Answer by Merck & Co., Inc., Merck Sharp and Dohme, Inc.. (McLaughlin, Matthew) [Transferred from New York Eastern on 8/14/2018.] |
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Filing 34
ORDER granting (15) Motion to Dismiss; granting (19) Motion to Dismiss in case 2:17-cv-06526-JFB-ARL; granting (19) Motion to Dismiss; granting (14) Motion to Dismiss in case 2:17-cv-07106-JFB-SIL; granting (10) Motion to Dismiss; granting (12) Motion to Dismiss in case 2:18-cv-00365-JFB-GRB. For the reasons set forth herein, the Court grants defendants' motions to dismiss. Plaintiffs' fraudulent misrepresentation and negligent misrepresentation claims are dismissed with leave to replead. Any amended complaint must be filed within thirty (30) days of this Memorandum and Order. SO ORDERED. Ordered by Judge Joseph F. Bianco on 5/18/2018. (Kuhn, Alyssa) [Transferred from New York Eastern on 8/14/2018.]
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| Filing 33 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 32 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on April 12, 2018, before Judge Joseph F. Bianco. Transcriber Writers Cramp, Inc., Telephone number 609-588-8043. Email address: wtrscramp@verizon.net. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/11/2018. Redacted Transcript Deadline set for 5/21/2018. Release of Transcript Restriction set for 7/19/2018. (Kanellopoulos, John) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 31 Minute Entry for proceedings held before Judge Joseph F. Bianco:Status Conference held on 4/12/2018; decision reserved (FTR Log #1:43-2:18.) (Bollbach, Jean) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 30 NOTICE of Appearance by Eric Basil Lapre on behalf of McKesson Corp. (aty to be noticed) (Lapre, Eric) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 29 NOTICE of Appearance by Matthew Williams James Webb on behalf of Merck & Co., Inc., Merck Sharp and Dohme, Inc. (aty to be noticed) (Webb, Matthew) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 28 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 27 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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ORDER. The Court has received the February 21, 2018 letter from counsel for Merck & Co., Inc. and Merck Sharpe & Dohme Corp. regarding their pro hac vice motions. There is no need to re-file the motions. The Court adheres to the prior grants of pro hac vice admission. SO ORDERED. Ordered by Judge Joseph F. Bianco on 2/28/2018. (Kuhn, Alyssa) [Transferred from New York Eastern on 8/14/2018.]
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| Filing 26 Letter to Judge Bianco and Judge Locke Regarding Pro Hac Vice Motions by Merck & Co., Inc., Merck Sharp and Dohme, Inc. (Attachments: #1 D. Sangiamo Pro Hac Vice Order, #2 K. Hardway Pro Hac Vice Order) (Sangiamo, Dino) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 25 REPLY in Support re #19 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.] |
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SCHEDULING ORDER: IT IS HEREBY ORDERED that the oral argument currently scheduled for Wednesday, February 21, 2018, at 4:30 p.m. is rescheduled for Thursday, April 12, 2018, at 1:30 p.m., at the same time as the oral argument in Albisano v. Merck & Co., Inc., 18-CV-365. SO ORDERED. Ordered by Judge Joseph F. Bianco on 2/5/2018. (Kuhn, Alyssa) [Transferred from New York Eastern on 8/14/2018.]
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| Filing 24 MEMORANDUM in Opposition re #20 Memorandum in Support filed by All Plaintiffs. (Attachments: #1 Declaration) (Humphrey, Debra) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 23 REPLY in Support re #14 MOTION to Dismiss Plaintiffs' Claims for Fraudulent Misrepresentation and Negligent Misrepresentation filed by Merck & Co., Inc., Merck Sharp and Dohme, Inc.. (Attachments: #1 Declaration of Matthew T. McLaughlin, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4) (McLaughlin, Matthew) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 22 Notice of Related Case indicated on the Civil Cover Sheet in Case No. 18-cv-00365. (Flanagan, Doreen) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 21 AFFIDAVIT/DECLARATION in Opposition re #14 MOTION to Dismiss Plaintiffs' Claims for Fraudulent Misrepresentation and Negligent Misrepresentation filed by All Plaintiffs. (Attachments: #1 Memorandum in Opposition) (Humphrey, Debra) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 20 MEMORANDUM in Support re #19 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 19 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 18 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 17 NOTICE of Appearance by Kathleen S. Hardway on behalf of Merck & Co., Inc., Merck Sharp and Dohme, Inc. (notification declined or already on case) (Hardway, Kathleen) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 16 NOTICE of Appearance by Dino Santo Sangiamo on behalf of Merck & Co., Inc., Merck Sharp and Dohme, Inc. (notification declined or already on case) (Sangiamo, Dino) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 15 Letter MOTION for pre motion conference by McKesson Corp.. (Kurland, Thomas) [Transferred from New York Eastern on 8/14/2018.] |
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ORDER granting #15 Motion for Pre Motion Conference. By letter dated January 10, 2018, defendant McKesson Corporation ("McKesson") (i) requests a pre-motion conference in anticipation of moving to dismiss, and (ii) submits a proposed briefing schedule. IT IS HEREBY ORDERED that the pre-motion conference requirement is waived. The parties shall abide by the following briefing schedule: defendant McKesson shall submit its motion by January 17, 2018; plaintiffs shall submit their opposition by January 31, 2018; and defendant McKesson shall submit its reply by February 7, 2018. Oral argument is scheduled for February 21, 2018 at 4:30 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 1/10/2018. (Kuhn, Alyssa) [Transferred from New York Eastern on 8/14/2018.]
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Electronic ORDER granting DEs #10 and #13 Motions for Leave to Appear Pro Hac Vice. The attorneys shall register for ECF; registration is available online at the NYED's homepage. Once registered, the attorneys shall file notices of appearance and ensure that they receive electronic notification of activity in this case. Ordered by Magistrate Judge Steven I. Locke on 1/10/2018. (Vissichelli, Eric) [Transferred from New York Eastern on 8/14/2018.]
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| Filing 14 MOTION to Dismiss Plaintiffs' Claims for Fraudulent Misrepresentation and Negligent Misrepresentation by Merck & Co., Inc., Merck Sharp and Dohme, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration of Matthew T. McLaughlin, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5) (McLaughlin, Matthew) [Transferred from New York Eastern on 8/14/2018.] |
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SCHEDULING ORDER: Due to a conflict in the Court's calendar, IT IS HEREBY ORDERED that the telephone conference scheduled for today, December 21, 2017, at 1:00 p.m. is rescheduled for Tuesday, January 2, 2018, at 11:00 a.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 12/21/2017. (Kuhn, Alyssa) [Transferred from New York Eastern on 8/14/2018.]
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| Filing 13 MOTION for Leave to Appear Pro Hac Vice of Dino S. Sangiamo Filing fee $ 150, receipt number 0207-10066460. by Merck & Co., Inc., Merck Sharp and Dohme, Inc.. (Attachments: #1 Affidavit of Dino S. Sangiamo, #2 Certificate of Good Standing (Maryland), #3 Certificate of Good Standing (District of Columbia)) (Sangiamo, Dino) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 12 Letter Response to Defendants Request for Pre-Motion Conference by Loretta Abbo, Diane Bonizzi, Marguarite Deboyace, Sheila Shea, Erica Sheild, Elsa Vega, Evelyn Wagner, Mary Wallis, Mary Zaccanelli (Humphrey, Debra) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 11 NOTICE of Appearance by Debra Humphrey on behalf of All Plaintiffs (notification declined or already on case) (Humphrey, Debra) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice of Kathleen Hardway Filing fee $ 150, receipt number 0207-10051684. by Merck & Co., Inc., Merck Sharp and Dohme, Inc.. (Attachments: #1 Affidavit of Kathleen Hardway, #2 Certificate of Good Standing (Maryland), #3 Certificate of Good Standing (DC)) (Hardway, Kathleen) [Transferred from New York Eastern on 8/14/2018.] |
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Electronic ORDER granting DE #9 Motion for Extension of Time to Answer. On consent, the deadline for Defendant McKesson Corp. to answer, move, or otherwise respond is extended through and including 1/10/2018. Ordered by Magistrate Judge Steven I. Locke on 12/14/2017. (Vissichelli, Eric) [Transferred from New York Eastern on 8/14/2018.]
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| Filing 9 Letter MOTION for Extension of Time to File Answer or otherwise respond to Plaintiff's Complaint by McKesson Corp.. (Kurland, Thomas) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 8 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 7 Letter MOTION for pre motion conference by Merck & Co., Inc., Merck Sharp and Dohme, Inc.. (McLaughlin, Matthew) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 6 NOTICE of Appearance by Debra Humphrey on behalf of All Plaintiffs (aty to be noticed) (Humphrey, Debra) [Transferred from New York Eastern on 8/14/2018.] |
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ORDER granting #7 Motion for Pre Motion Conference. By letter dated December 13, 2017, defendants Merck & Co., Inc. and Merck Sharp & Dohme Corp. (collectively, "Merck defendants") request a pre-motion conference in anticipation of filing a motion to dismiss. IT IS HEREBY ORDERED that the parties shall participate in a telephone pre-motion conference with the Court on Thursday, December 21, 2017, at 1:00 p.m. At that time, counsel for 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 a letter pursuant to Individual Rule III.A explaining why the proposed motion is likely to be unsuccessful. SO ORDERED. Ordered by Judge Joseph F. Bianco on 12/13/2017. (Kuhn, Alyssa) [Transferred from New York Eastern on 8/14/2018.]
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| Filing 5 NOTICE of Appearance by Adam Gordon Possidente on behalf of Merck & Co., Inc., Merck Sharp and Dohme, Inc. (aty to be noticed) (Possidente, Adam) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 4 Notice of Related Case indicated on the Civil Cover Sheet in Case No. 17cv07106. (Flanagan, Doreen) [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. (Flanagan, Doreen) [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. (Flanagan, Doreen) [Transferred from New York Eastern on 8/14/2018.] |
| Case Assigned to Judge Joseph F. Bianco and Magistrate Judge Steven I. Locke. 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. (Flanagan, Doreen) [Transferred from New York Eastern on 8/14/2018.] |
| This case has been opened in the Eastern District of New York. Attorney Lindsay DeCarlo, if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Flanagan, Doreen) [Transferred from New York Eastern on 8/14/2018.] |
| Filing 1 NOTICE OF REMOVAL by Merck & Co., Inc., Merck Sharp and Dohme, Inc. from Supreme Court of the State of New York, County of Kings, case number 521034/2017. ( Filing fee $ 400 receipt number 0207-10030101). Was the Disclosure Statement on the 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 12/7/2017 (Flanagan, Doreen). [Transferred from New York Eastern on 8/14/2018.] |
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