R.S.B. v. Merck & Co Inc

R.S.B. v. Merck & Co Inc

Plaintiff:	Stephanie Hammar and R.S.B.
Defendant:	Merck & Co Inc and Merck Sharp & Dohme Corp
Case Number:	1:2020cv01402
Filed:	September 9, 2020
Court:	US District Court for the Eastern District of Wisconsin
Presiding Judge:	William C Griesbach
Nature of Suit:	Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action:	28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on August 31, 2022. A more recent docket listing may be available from PACER.

Date Filed	Document Text
August 31, 2022	Filing 87 DECISION AND ORDER GRANTING #75 Defendants' Motion for Summary Judgment on Preemption Grounds, signed by Judge William C Griesbach on 08/31/2022. Plaintiffs strict liability and negligent failure to warn claims are dismissed. The Clerk is directed to set this matter for a telephone scheduling conference to discuss further proceedings. (cc: all counsel)(Griesbach, William)
June 24, 2022	Filing 86 UNPUBLISHED Decision for Defendants' Reply to Plaintiffs' Statement of Facts in Support of their Opposition to Defendants' Motion for Summary Judgment on Preemption Grounds filed by Merck & Co Inc, Merck Sharp & Dohme Corp (Attachments: #1 Brilliant DPI, Inc. v. Konica Minolta Bus. Sols. USA, Inc., #2 Locke v. Beth)(Schlinsog, Allen)
June 24, 2022	Filing 85 REPLY filed by Merck & Co Inc, Merck Sharp & Dohme Corp re #44 Statement of Fact. (Attachments: #1 Exhibit 1 - Li X and Zhao X. One Case about Mental Disorders Induced by Montelukast, 30(1) HERALD MED. 116 (2011), #2 Exhibit 2 - FDA Briefing Document, Nonprescription Drugs Advisory Committee (NDAC) Meeting, May 2, 2014, #3 Exhibit 3 - Summary Minutes of the Nonprescription Drugs Advisory Committee (NDAC) Meeting, May 2, 2014, #4 Exhibit 4 - Montelukast-Induced Adverse Drug Reactions: A Review of Case Reports in the Literature, 94 PHARMOCOLOGY 60-70 (2014), #5 Exhibit 5 - Sapolsky R.M. Glucocorticoids and Hippocampal Atrophy in Neuropsychiatric Disorders. 57(10) ARCH GEN. PSYCHIATRY 925935 (2000))(Schlinsog, Allen)
June 24, 2022	Filing 84 UNPUBLISHED Decision for Defendants' Reply in Support of Motion for Summary Judgment on Preemption Grounds filed by Merck & Co Inc, Merck Sharp & Dohme Corp (Attachments: #1 In re Byetta Cases, #2 In re Fosamax (Alendronate Sodium) Prods. Liab. Litig., #3 Goodell v. Bayer Healthcare Pharms., Inc., #4 Maze v. Bayer Healthcare Pharms. Inc., #5 R.S.B. v. Merck & Co., #6 U.S. ex rel. Roach Concrete, Inc. v. Veteran Pac. JV, #7 Zirk v. Nationstar Mortg.)(Schlinsog, Allen)
June 24, 2022	Filing 83 DECLARATION of Allen C. Schlinsog, Jr. in Support of Defendants' Reply in Support of Motion for Summary Judgment on Preemption Grounds (Attachments: #1 Exhibit 1 - September 23, 2009 General Correspondence from M. McCann to B. Chowdhury, #2 Exhibit 2 - July 14, 2008 Response to FDA Request for Information, #3 Exhibit 3 - August 14, 2008 Response to FDA Request for Information, #4 Exhibit 4 - July 18, 2008 Response to FDA Request for Information, #5 Exhibit 5 - August 13, 2008 Regulatory Liaison Telephone Conversation Record, #6 Exhibit 6 - June 24, 2008 Response to FDA Request for Information, #7 Exhibit 7 - July 30, 2008 Response to FDA Request for Information)(Schlinsog, Allen)
June 24, 2022	Filing 82 REPLY BRIEF in Support filed by Merck & Co Inc, Merck Sharp & Dohme Corp re #75 MOTION for Summary Judgment on Preemption Grounds . (Schlinsog, Allen)
June 6, 2022	NOTICE of Electronic Filing Error re #81 Statement of Fact-Attachment 81-2,, filed by Stephanie Hammar, R.S.B. ; Pursuant to General Local Rule 79, the Court will consider all documents to publicly filed unless a separate motion to seal or restrict is filed. You should file your motion to seal or restrict document immediately; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (lh)
June 4, 2022	Filing 81 STATEMENT OF FACT by Stephanie Hammar, R.S.B. In Support of Opposition to MSJ (Zhao Article is restricted because Def. marked it confidential.). (Attachments: #1 Philip Article, #2 Zhao Article, #3 2010 label, #4 Denial of CP, #5 OSE Recommendation, #6 AC Transcript, #7 Black Box Warning, #8 FDA Press Release)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Beck, Kimberly)
June 4, 2022	Filing 80 AMENDED BRIEF in Opposition filed by Stephanie Hammar re #75 MOTION for Summary Judgment on Preemption Grounds (Amended to include TOA). (Beck, Kimberly) Modified on 6/6/2022 (lh).
June 4, 2022	Filing 79 BRIEF in Opposition filed by Stephanie Hammar re #75 MOTION for Summary Judgment on Preemption Grounds . (Beck, Kimberly)
May 4, 2022	Filing 78 STATEMENT OF FACT by Merck & Co Inc, Merck Sharp & Dohme Corp . (Attachments: #1 Exhibit 1 - 9.27.19 PAC Meeting Transcript, #2 Exhibit 2 1.4.21 Rule 16 Scheduling Order, #3 Exhibit 3 12.27.21 Order for Partial Summary Judgment, #4 Exhibit 4 8.16.21 Defendants Response to RFP, #5 Exhibit 5 10.27.21 Protective Order, #6 Exhibit 6 - 10.27.21 Order, #7 Exhibit 7 10.27.21 Production Letter, #8 Exhibit 8 11.1.21 Production Letter, #9 Exhibit 9 1.4.22 Production Letter, #10 Exhibit 10 10.27.21 Letter, #11 Exhibit 11 8.20.21 Interrogatories to Plaintiffs, #12 Exhibit 12 9.24.21 Plaintiffs Response to Interrogatories, #13 Exhibit 13 10.13.21 Letter, #14 Exhibit 14 10.20.21 Plaintiffs Motion to Compel, #15 Exhibit 15 12.28.21 Order, #16 Exhibit 16 4.19.22 Order, #17 Exhibit 17 - 2.20.98 Approval Letter (20-830), #18 Exhibit 18 2.20.98 Approval Letter (20-829), #19 Exhibit 19 6.2021 Singulair Prescribing Information, #20 Exhibit 20 12.31.97 FDA Medical Officer Review, #21 Exhibit 21 12.1.97 FDA Pharmacology Review, #22 Exhibit 22 8.24.98 CBE Submission Letter, #23 Exhibit 23 8.27.99 CBE Submission Letter, #24 Exhibit 24 5.3.00 CBE Submission Letter, #25 Exhibit 25 11.8.00 CBE Submission Letter, #26 Exhibit 26 3.21.01 CBE Submission Letter, #27 Exhibit 27 - 9.12.01 CBE Submission Letter, #28 Exhibit 28 10.14.02 CBE Submission Letter, #29 Exhibit 29 4.2.03 CBE Submission Letter, #30 Exhibit 30 6.18.03 CBE Submission Letter, #31 Exhibit 31 3.1.07 CBE Submission Letter, #32 Exhibit 32 4.10.07 CBE Submission Letter, #33 Exhibit 33 10.02.07 CBE Submission Letter, #34 Exhibit 34 2.25.08 CBE Submission Letter, #35 Exhibit 35 7.31.08 CBE Submission Letter, #36 Exhibit 36 4.14.10 CBE Submission Letter, #37 Exhibit 37 9.28.11 CBE Submission Letter, #38 Exhibit 38 7.25.12 CBE Submission Letter, #39 Exhibit 39 2002 Singulair Prescribing Information, #40 Exhibit 40 12.2002 Singulair Patient Information, #41 Exhibit 41 2.8.08 Teleconference Memorandum, #42 Exhibit 42 2.19.08 Teleconference Meeting Background Package, #43 Exhibit 43 2.2.08 Teleconference Memorandum, #44 Exhibit 44 3.5.08 Letter, #45 Exhibit 45 3.19.08 Letter, #46 Exhibit 46 3.23.08 FDA Communication, #47 Exhibit 47 3.7.08 Letter, #48 Exhibit 48 3.20.08 Teleconference Memorandum, #49 Exhibit 49 3.26.08 Letter, #50 Exhibit 50 4.24.08 Letter, #51 Exhibit 51 3.27.08 Letter, #52 Exhibit 52 4.14.08 Letter, #53 Exhibit 53 4.28.08 Letter, #54 Exhibit 54 5.2.08 Letter, #55 Exhibit 55 6.13.08 Letter, #56 Exhibit 56 6.19.08 Letter, #57 Exhibit 57 7.24.08 Teleconference Memorandum, #58 Exhibit 58 10.31.08 Letter, #59 Exhibit 59 12.29.08 Letter, #60 Exhibit 60 1.13.09 FDA Communication, #61 Exhibit 61 4.23.09 Letter, #62 Exhibit 62 5.1.09 Letter, #63 Exhibit 63 8.19.09 Letter, #64 Exhibit 64 8.28.09 FDA Communication, #65 Exhibit 65 7.1.10 Letter, #66 Exhibit 66 8.10.10 Letter, #67 Exhibit 67 2.2013 FDA Guidance for Industry, #68 Exhibit 68 6.17.09 Letter, #69 Exhibit 69 9.4.09 Letter, #70 Exhibit 70 11.3.09 Email Correspondence, #71 Exhibit 71 12.21.09 Letter, #72 Exhibit 72 1.28.10 Letter, #73 Exhibit 73 4.26.10 Letter, #74 Exhibit 74 8.10.10 Letter, #75 Exhibit 75 9.28.08 Citizen Petition, #76 Exhibit 76 2.3.09 Email Correspondence, #77 Exhibit 77 2.3.09 Letter, #78 Exhibit 78 7.23.09 Letter, #79 Exhibit 79 6.7.11 Denial of Citizen Petition Letter, #80 Exhibit 80 2021 Clarridge, et al. Article, #81 Exhibit 81 2.21.14 FDA Pharmacovigilance Review, #82 Exhibit 82 - 2014.09.02 FDA Peds PM Safety & Use Review, #83 Exhibit 83 3.4.20 FDA Communication, #84 Exhibit 84 - 2019.09.27_FDA Briefing Document_Neuropsychiatric Events, #85 Exhibit 85 9.27.19 FDA Report)(Schlinsog, Allen)
May 4, 2022	Filing 77 UNPUBLISHED Decision filed by Merck & Co Inc, Merck Sharp & Dohme Corp (Attachments: #1 Drescher v. Bracco Diagnostics Inc. - Report and Recommendation, #2 Drescher v. Bracco Diagnostics Inc., #3 Goodell v. Bayer Healthcare Pharms., Inc., #4 In re Byetta Cases, #5 In re Fosamax (Alendronate Sodium) Prods. Liab. Litig., #6 In re Incretin-based Therapies Prods. Liab. Litig., #7 Mahnke v. Bayer Corp., #8 R.S.B. v. Merck & Co., #9 Silver v. Bayer Healthcare Pharms., Inc., #10 Silverstein v. Boehringer Ingelheim Pharms., Inc., #11 Thomas v. Bracco Diagnostics, Inc.)(Schlinsog, Allen)
May 4, 2022	Filing 76 BRIEF in Support filed by Merck & Co Inc, Merck Sharp & Dohme Corp re #75 MOTION for Summary Judgment on Preemption Grounds . (Schlinsog, Allen)
May 4, 2022	Filing 75 MOTION for Summary Judgment on Preemption Grounds by Merck & Co Inc, Merck Sharp & Dohme Corp. (Attachments: #1 Text of Proposed Order)(Schlinsog, Allen)
April 19, 2022	Filing 74 DECISION AND ORDER signed by Judge William C Griesbach on 4/19/2022 Denying #66 Motion to Dismiss Without Prejudice. Merck's motion for summary judgment on preemption grounds is due 5/4/2022. (cc: all counsel)(Griesbach, William)
April 8, 2022	Filing 73 DECLARATION of Kimberly L. Beck re Reply in Support of Motion to Dismiss Without Prejudice (Attachments: #1 1/25/22 Email notifying KLB of Consolidation, #2 3/7/22 Email regarding stipulation of dismissal)(Beck, Kimberly)
April 7, 2022	Filing 72 REPLY BRIEF in Support filed by Stephanie Hammar, R.S.B. re #66 MOTION to Dismiss Without Prejudice . (Beck, Kimberly)
March 28, 2022	Filing 71 TEXT ONLY ORDER DIRECTING Plaintiff to file a reply brief within the next 10 days to #66 Motion to Dismiss Without Prejudice filed by Stephanie Hammar/R.S.B., signed by Judge William C Griesbach on 03/28/2022. (cc: all counsel)(Griesbach, William)
March 25, 2022	Filing 70 UNPUBLISHED Decision filed by Merck & Co Inc, Merck Sharp & Dohme Corp (Attachments: #1 Atkinson v. Forest Rsch. Inst., Inc., #2 Begin v. Air & Liquid Sys. Corp., #3 Black Soil Dairy, LLC v. Land O'Lakes, Inc., #4 Clear Skies Nevada, LLC v. Hancock, #5 Coundouris v. Wyeth, et al., #6 Mallory v. Rush Univ. Med. Ctr., #7 RSR Corp. v. Avanti Dev. Inc.)(Schlinsog, Allen)
March 25, 2022	Filing 69 RESPONSE to Motion filed by Merck & Co Inc, Merck Sharp & Dohme Corp re #66 MOTION to Dismiss Without Prejudice . (Attachments: #1 Exhibit 1 - Pls. MCL Application (July 22, 2021), #2 Exhibit 2 - List of California and Massachusetts Cases)(Schlinsog, Allen)
March 17, 2022	Filing 68 TEXT ONLY ORDER DIRECTING DEFENDANTS to file a response within 10 days of this Order to #66 Motion to Dismiss Without Prejudice, filed by Stephanie Hammar/R.S.B., signed by Judge William C Griesbach on 03/17/2022. (cc: all counsel)(Griesbach, William)
March 13, 2022	Filing 67 AFFIDAVIT of Kimberly L. Beck in Support of Plaintiffs' Motion to Voluntarily Dismiss Without Prejudice [Doc. 66]. (Attachments: #1 Ex 1 - Correspondence from Merck indicating that the Document Production was Completed on January 4, 2022, #2 Ex 2 - Letter Notifying Plaintiffs' Counsel that the New Jersey Singulair Cases have been Consolidated)(Beck, Kimberly)
March 13, 2022	Filing 66 MOTION to Dismiss Without Prejudice by All Plaintiffs. (Beck, Kimberly)
January 10, 2022	Filing 65 TRANSCRIPT of MOTION HEARING re: Defendant's Motion to Compel held on 11/16/2021 before Judge William Griesbach Court Reporter/Transcriber John Schindhelm, Contact at www.johnschindhelm.com to order directly... OR. Transcripts may be purchased using the Transcript Order Form found #on our website or viewed at the court public terminal. NOTICE RE REDACTION OF TRANSCRIPTS: If necessary, within 7 business days each party shall inform the Court of their intent to redact personal identifiers by filing a Notice of Intent to Redact. Please read the policy located on our website # www.wied.uscourts.gov Redaction Statement due 2/3/2022. Redacted Transcript Deadline set for 2/14/2022. Release of Transcript Restriction set for 4/14/2022. (Schindhelm, John)
December 28, 2021	Filing 64 ORDER signed by Judge William C Griesbach on 12/27/2021 denying #51 Motion to Compel; granting in part and denying in part #60 Motion for Discovery. Plaintiffs will have ninety (90) days after Merck has provided all phase two written discovery to review the responses and to complete whatever depositions are appropriate. Mercks motion for summary judgment on grounds of preemption is due thirty (30) days thereafter. (cc: all counsel)(Griesbach, William)
December 27, 2021	Filing 63 ORDER granting #35 Motion for Partial Summary Judgment. (cc: all counsel)(Griesbach, William)
November 16, 2021	Filing 62 Minute Entry for proceedings held before Judge William C Griesbach: Motion Hearing held on 11/16/2021 re #51 MOTION to Compel Merck to Provide Responses to Plaintiffs' Discovery Requests filed by R.S.B., #60 Rule 7(h) Expedited Non-Dispositive MOTION for Discovery to Reset Phase 2 Discovery and Briefing Deadlines filed by Stephanie Hammer, R.S.B. The Court Grants #60 Motion to Reset Phase 2 Discovery. Details will be provided in the forthcoming order on both motions. (Tape #Zoom 111621) (cav)
November 5, 2021	Filing 61 BRIEF in Opposition filed by Merck & Co Inc, Merck Sharp & Dohme Corp re #60 Rule 7(h) Expedited Non-Dispositive MOTION for Discovery to Reset Phase 2 Discovery and Briefing Deadlines . (Schlinsog, Allen)
November 4, 2021	NOTICE of Hearing on Motion: Motion Hearing set for 11/16/2021 at 10:30 AM before Judge William C Griesbach via Zoom Video Conference to address #51 MOTION to Compel Merck to Provide Responses to Plaintiffs' Discovery Requests. (cc: all counsel; Zoom invite emailed to all parties) (mac)
November 3, 2021	Filing 60 Rule 7(h) Expedited Non-Dispositive MOTION for Discovery to Reset Phase 2 Discovery and Briefing Deadlines by Stephanie Hammer, R.S.B.. (Attachments: #1 Meet and Confer Correspondence)(Beck, Kimberly)
November 2, 2021	Filing 59 REPLY BRIEF in Support filed by Stephanie Hammer, R.S.B. re #51 MOTION to Compel Merck to Provide Responses to Plaintiffs' Discovery Requests . (Beck, Kimberly)
November 1, 2021	Filing 58 NOTICE by Stephanie Hammer, R.S.B. of intent to file reply in support of motion to compel [Doc. 51] by November 2, 2021 (Beck, Kimberly)
October 29, 2021	Filing 57 UNPUBLISHED Decision for Defendants' Opposition to Plaintiffs' Motion to Compel Responses to Interrogatories and Requests for Production filed by Merck & Co Inc, Merck Sharp & Dohme Corp (Attachments: #1 Fed. Deposit Ins. Corp. v. Giannoulias, #2 Goodell v. Bayer Healthcare Pharms. Inc., #3 Klein v. Bayer Healthcare Pharms. Inc., #4 Mahnke v. Bayer Corp., #5 Silver v. Bayer Healthcare Pharms., Inc., #6 In re Zofran (Ondansetron) Prods. Liab. Litig.)(Schlinsog, Allen)
October 29, 2021	Filing 56 BRIEF in Opposition filed by Merck & Co Inc, Merck Sharp & Dohme Corp re #51 MOTION to Compel Merck to Provide Responses to Plaintiffs' Discovery Requests . (Attachments: #1 Exhibit 1 - Singulair May 2010 Package Insert, #2 Exhibit 2 - FDA Denial of Citizens Petitions, #3 Exhibit 3 - Pls. Responses to Defs. 2nd Set of Interrogatories, #4 Exhibit 4 - List of Studies, #5 Exhibit 5 - Mercks Oct. 27, 2021 Ltr., #6 Exhibit 6 - Singulair 2002 Prescribing Information, #7 Exhibit 7 - FDA, Early Communication About an Ongoing Safety Review of Montelukast (Singulair), #8 Exhibit 8 - FDA, Followup to the March 27, 2008 Communication about the Ongoing Safety Review of Montelukast (Singulair), #9 Exhibit 9 - FDA, Leukotriene Inhibitors: Montelukast (marketed as Singulair), Zafirlukast (marketed as Accolate), and Zileuton (marketed as Zyflo and Zyflo CR) (Aug. 28, 2009), #10 Exhibit 10 - Feb 21, 2014 FDA Pharmacovigilance Review re Neuropsychiatric Events, #11 Exhibit 11 - Sept. 2, 2014 FDA Peds PM Safety & Use Review, #12 Exhibit 12 - A Boxed Warning for Montelukast - the FDA Perspective)(Schlinsog, Allen)
October 27, 2021	Filing 55 ORDER REGARDING PRODUCTION OF DOCUMENTS AND INFORMATION signed by Judge William C Griesbach on 10/26/2021. (cc: all counsel)(Griesbach, William)
October 27, 2021	Filing 54 PROTECTIVE ORDER signed by Judge William C Griesbach on 10/26/2021. (cc: all counsel)(Griesbach, William)
October 25, 2021	Filing 53 STIPULATION for Entry of Protective Order and Order Regarding Production of Documents and Information by Merck & Co Inc, Merck Sharp & Dohme Corp. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order)(Schlinsog, Allen)
October 21, 2021	Filing 52 TEXT ONLY ORDER DIRECTING Defendant to file a response on or before October 29, 2021 to #51 Plaintiff's Motion to Compel Merck to Provide Responses to Plaintiffs' Discovery Requests, signed by Judge William C Griesbach on 10/21/2021. (cc: all counsel)(Griesbach, William)
October 20, 2021	Filing 51 MOTION to Compel Merck to Provide Responses to Plaintiffs' Discovery Requests by Stephanie Hammar, R.S.B.. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Merck's Response to RFPs, #3 Merck's Response to ROGs, #4 FDA Drug Review Process, #5 Article re FAERS, #6 Patent, #7 2010 Label, #8 FDA Press Release, #9 1998 Label, #10 Excerpt from FAERS database, #11 Correspondence)(Beck, Kimberly)
June 25, 2021	Filing 50 UNPUBLISHED Decisions Pursuant to Civil L. R. 7(j) in Support of Defendants' Motion for Summary Judgment filed by Merck & Co Inc, Merck Sharp & Dohme Corp (Attachments: #1 List of Authorities)(Schlinsog, Allen) Modified on 6/28/2021 (tlf).
June 25, 2021	Filing 49 REPLY filed by Merck & Co Inc, Merck Sharp & Dohme Corp re #44 Statement of Fact. (Attachments: #1 Exhibit 1 - 5.2010 Package Insert, #2 Exhibit 2 - RSB Pharmacy Records)(Schlinsog, Allen)
June 25, 2021	Filing 48 REPLY BRIEF in Support filed by Merck & Co Inc, Merck Sharp & Dohme Corp re #35 MOTION for Summary Judgment as to All Claims Alleging Injury from Generic Montelukast . (Schlinsog, Allen)
June 23, 2021	Filing 47 NOTICE by All Defendants of Withdrawal of Counsel (Brecht, Celeste) Celeste M Brecht terminated as counsel of record for Merck & Co Inc, Merck Sharp & Dohme Corp on 6/23/2021 (tlf).
June 23, 2021	Filing 46 TEXT ONLY ORDER GRANTING #45 Rule 7(h) MOTION for leave to file oversized memorandum, filed by Merck & Co. Inc. and Merck Sharp & Dohme Corp., signed by Judge William C Griesbach on 06/23/2021. Defendants may submit a reply brief not to exceed 20 pages. (cc: all counsel)(Griesbach, William)
June 22, 2021	Filing 45 Rule 7(h) Expedited Non-Dispositive MOTION for Leave to File Oversized Memorandum by Merck & Co Inc, Merck Sharp & Dohme Corp. (Schlinsog, Allen)
June 1, 2021	NOTICE of Electronic Filing Error re #44 Statement of Fact. The Declaration of Stephanie Hammer attached to this document should have been filed as a separate entry. This document does not need to be re-filed. Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (tlf)
May 28, 2021	Filing 44 STATEMENT OF FACT by Stephanie Hammar, R.S.B. Referable to Plaintiffs' Opposition to Motion for Summary Judgment [Doc 42]. (Attachments: #1 NDA approval letter, 020829, #2 NDA approval letter, 020830, #3 NDA approval letter, 021409, #4 Sample Advertisements, #5 FDA Website, #6 SUPPL-1 FDA Approval Letter 2/12/1999, #7 SUPPL-17 FDA Approval Letter 12/31/2002, #8 SUPPL-23 FDA Approval Letter 10/2/2003, #9 SUPPL-25 FDA Approval Letter 11/5/2003, #10 SUPPL-26 FDA Approval Letter 12/19/2003, #11 SUPPL-31 FDA Approval Letter 11/15/2004, #12 SUPPL-32 FDA Approval Letter 12/29/2004, #13 SUPPL-33 FDA Approval Letter 7/27/2005, #14 SUPPL-34 FDA Approval Letter 11/30/2005, #15 SUPPL-35 FDA Approval Letter 5/26/2005, #16 SUPPL-36 FDA Approval Letter 4/13/2007, #17 SUPPL-37 FDA Approval Letter 6/27/2005, #18 SUPPL-38 FDA Approval Letter 5/19/2006, #19 SUPPL-39 FDA Approval Letter 12/8/2006, #20 SUPPL-41 42 43 FDA Approval Letter4/13/2007, #21 SUPPL-46 FDA Approval Letter 3/7/2008, #22 SUPPL-47 FDA Approval Letter 4/21/2008, #23 SUPPL-48 FDA Approval Letter 4/24/2008, #24 SUPPL-49 FDA Approval Letter 1/27/2009, #25 SUPPL-51 FDA Approval Letter 8/19/2009, #26 SUPPL-52 FDA Approval Letter 4/26/2010, #27 SUPPL-55 FDA Approval Letter 8/10/2010, #28 SUPPL-57 FDA Approval Letter 4/27/2011, #29 SUPPL-59 FDA Approval Letter 3/26/2012, #30 SUPPL-60 FDA Approval Letter 12/16/2011, #31 SUPPL-61 FDA Approval Letter 10/18/2012, #32 SUPPL-62 FDA Approval Letter 7/16/2012, #33 SUPPL-63 FDA Approval Letter 9/27/2012, #34 SUPPL-65 FDA Approval Letter 3/21/2013, #35 SUPPL-66 FDA Approval Letter 12/30/2013, #36 SUPPL-68 FDA Approval Letter 11/26/2014, #37 SUPPL-69 FDA Approval Letter 12/13/2016, #38 SUPPL-70 and 71 FDA Approval Letter 12/21/2018, #39 SUPPL-72 FDA Approval Letter 8/9/2019, #40 SUPPL-73 FDA Approval Letter 4/29/2020, #41 SUPPL-74 FDA Approval Letter 2/22/2021, #42 Original Label, #43 Last Label before Black Box, #44 Label with Black Box, #45 Redline of Label, #46 FDA Statement 3/4/2020, #47 Patent, #48 Declaration of Stephanie Hammar)(Beck, Kimberly)
May 28, 2021	Filing 43 UNPUBLISHED Decision LR 7(J) Listing of Unpublished Cases and Scholarly Articles with Copies and Cases and Articles Attached - Referable to Plaintiffs' Response in Opposition to Defendants' Motion for Summary Judgment [Doc. 42] filed by Stephanie Hammar, R.S.B. (Attachments: #1 Burton v El du Pont, #2 In re Zantac, #3 Synowicz v Mazur, #4 Feldman_Competition in Prescription Drug Makets, #5 Gallant_Dynamic Entry With Cross Product Spillovers)(Beck, Kimberly)
May 28, 2021	Filing 42 RESPONSE to Motion filed by Stephanie Hammar, R.S.B. re #35 MOTION for Summary Judgment as to All Claims Alleging Injury from Generic Montelukast . (Beck, Kimberly)
May 21, 2021	Filing 41 ANSWER to #29 Amended Complaint with Jury Demand by Merck & Co Inc, Merck Sharp & Dohme Corp.(Schlinsog, Allen)
May 13, 2021	Filing 40 TEXT ONLY ORDER GRANTING #39 Joint Motion for Extension of Time to May 28, 2021, to file a response brief to #35 Motion for Summary Judgment as to All Claims Alleging Injury from Generic Montelukast, filed by Merck & Co Inc. and Merck Sharp & Dohme Corp., signed by Judge William C Griesbach on 05/13/2021. Defendant's reply is due June 25, 2021. (cc: all counsel)(Griesbach, William)
May 12, 2021	Filing 39 Joint MOTION for Extension of Time for Plaintiffs to File Response and Defendants to file Reply by Stephanie Hammar, R.S.B.. (Attachments: #1 Text of Proposed Order Proposed Order Granting Joint Motion)(Beck, Kimberly)
May 7, 2021	Filing 38 DECISION AND ORDER signed by Judge William C Griesbach on 5/7/2021 denying #30 motion to dismiss count one (design defect) of Plaintiffs' second amended complaint and denying #30 motion for a more definite statement. (cc: all counsel)(Griesbach, William)
April 23, 2021	Filing 37 UNPUBLISHED Decision for Defendants' Memorandum of Law in Support of Their Motion for Summary Judgment filed by Merck & Co Inc, Merck Sharp & Dohme Corp (Schlinsog, Allen)
April 23, 2021	Filing 36 BRIEF in Support filed by Merck & Co Inc, Merck Sharp & Dohme Corp re #35 MOTION for Summary Judgment as to All Claims Alleging Injury from Generic Montelukast . (Attachments: #1 Exhibit 1 - Declaration of Janie Wang, #2 Exhibit 2 - Pls. Resp. to Defs. First Request for Prod. of Docs., #3 Exhibit 3 - Pls. Resp. to Defs. First Set of Interrogs., #4 Exhibit 4 - Singulair (montelukast sodium) (May 2010 Package Insert)(Schlinsog, Allen)
April 23, 2021	Filing 35 MOTION for Summary Judgment as to All Claims Alleging Injury from Generic Montelukast by Merck & Co Inc, Merck Sharp & Dohme Corp. (Schlinsog, Allen)
February 24, 2021	Filing 34 REPLY BRIEF in Support filed by Merck & Co Inc, Merck Sharp & Dohme Corp re #30 MOTION to Dismiss Plaintiffs' Design Defect Claim (Count I) in the Second Amended Complaint MOTION for More Definite Statement . (Schlinsog, Allen)
February 10, 2021	Filing 33 RESPONSE to Motion filed by Stephanie Hammar, R.S.B. re #30 MOTION to Dismiss Plaintiffs' Design Defect Claim (Count I) in the Second Amended Complaint MOTION for More Definite Statement . (Beck, Kimberly)
January 20, 2021	Filing 32 NOTICE of Appearance by Celeste M Brecht on behalf of All Defendants. Attorney(s) appearing: Celeste M. Brecht (Brecht, Celeste)
January 20, 2021	Filing 31 BRIEF in Support filed by Merck & Co Inc, Merck Sharp & Dohme Corp re #30 MOTION to Dismiss Plaintiffs' Design Defect Claim (Count I) in the Second Amended Complaint . (Attachments: #1 Exhibit 1 - 5.2010 Package Insert, #2 Exhibit 2 - 09.27.19.PAC Meeting Transcript)(Schlinsog, Allen)
January 20, 2021	Filing 30 MOTION to Dismiss Plaintiffs' Design Defect Claim (Count I) in the Second Amended Complaint or, alternatively, MOTION for More Definite Statement by Merck & Co Inc, Merck Sharp & Dohme Corp. (Schlinsog, Allen).
January 6, 2021	Filing 29 SECOND AMENDED COMPLAINT with Jury Demand against Merck & Co Inc, Merck Sharp & Dohme Corp filed by Stephanie Hammar, R.S.B.(lh)
January 5, 2021	Filing 28 SCHEDULING ORDER: signed by Judge William C Griesbach on 1/5/2021. (cc: all counsel)(Griesbach, William)
January 4, 2021	Filing 27 Minute Order. Proceedings held before Judge William C Griesbach: Rule 16 Telephone Scheduling Conference held on 1/4/2021. The Court grants #25 Plaintiffs' motion for leave to file second amended complaint and terms #13 Defendant's motion to dismiss as moot. Initial Rule 26(a) Disclosures to be exchanged by 1/15/2021. Phase One Deadlines: Plaintiff's to produce medical records by 4/1/2021. Merck's motion for summary judgment and supporting documents due by 4/23/2021, Plaintiffs' response due 5/14/2021 and Merck's reply due 6/4/2021. Phase Two Deadlines: Fact discovery to be completed by 11/4/2021; Merck's motion for summary judgment and supporting documents due 12/6/2021; Plaintiffs' response due 1/17/2022 and Merck's reply due 2/7/2022. (Tape #010421) (lh)
December 31, 2020	Filing 26 BRIEF in Support filed by Stephanie Hammar, R.S.B. re #25 MOTION for Leave to File Second Amended Complaint . (Attachments: #1 Exhibit Proposed Second Amended Complaint, #2 Exhibit Proposed Order Granting Motion)(Beck, Kimberly)
December 31, 2020	Filing 25 MOTION for Leave to File Second Amended Complaint by Stephanie Hammar, R.S.B.. (Beck, Kimberly)
December 28, 2020	Filing 24 Joint REPORT of Rule 26(f) Plan by All Defendants. (Schlinsog, Allen)
December 28, 2020	Filing 23 NOTICE of Appearance by Kimberly L Beck on behalf of Stephanie Hammar, R.S.B.. Attorney(s) appearing: Kimberly L. Beck (Beck, Kimberly)
December 17, 2020	Filing 22 NOTICE by Stephanie Hammar Notice of Withdrawal Of Daniel Lewis As Plaintiffs' Counsel (Pixton, Robert)
December 11, 2020	Filing 21 NOTICE of Hearing: Rule 16 Telephone Scheduling Conference set for 1/4/2021 at 09:30 AM before Judge William C Griesbach. The court will initiate the call. Counsel are to provide the telephone number at which they can be reached (direct dial preferred) at least two days prior to the telephone conference. In the event counsel are unavailable at the scheduled time of the telephone conference, the conference may be re-scheduled and counsel may be required to appear in person. Please provide your telephone number to the Office of the Clerk at wied_clerks_gb@wied.uscourts.gov (cc: all counsel)(mac)
November 25, 2020	Filing 20 REPLY BRIEF in Support filed by Merck & Co Inc, Merck Sharp & Dohme Corp re #13 MOTION to Dismiss Plaintiffs Design Defect Claim (Count I) and Warranty Claims (Counts IV and V) . (Schlinsog, Allen)
November 16, 2020	Filing 19 NOTICE of Appearance by Stephen E Marshall on behalf of Merck & Co Inc, Merck Sharp & Dohme Corp. Attorney(s) appearing: Stephen E. Marshall (Marshall, Stephen)
November 12, 2020	Filing 18 BRIEF in Opposition filed by Stephanie Hammar re #13 MOTION to Dismiss Plaintiffs Design Defect Claim (Count I) and Warranty Claims (Counts IV and V) . (Attachments: #1 Exhibit 1 - Unpublished Opinions)(Lewis, Daniel)
October 28, 2020	Filing 17 NOTICE of Appearance by Daniel Lewis on behalf of Stephanie Hammar, R.S.B.. Attorney(s) appearing: Daniel N. Lewis (Lewis, Daniel)
October 26, 2020	Filing 16 CERTIFICATE OF SERVICE by All Plaintiffs (Wallace, Justin)
October 21, 2020	Filing 15 NOTICE of Appearance by Danielle E Marocchi on behalf of Merck & Co Inc, Merck Sharp & Dohme Corp. Attorney(s) appearing: Danielle E. Marocchi (Marocchi, Danielle)
October 21, 2020	Filing 14 BRIEF in Support filed by Merck & Co Inc, Merck Sharp & Dohme Corp re #13 MOTION to Dismiss Plaintiffs Design Defect Claim (Count I) and Warranty Claims (Counts IV and V) with Exhibits 1 - 3. (Attachments: #1 Exhibit 1 - 5.2010 Package Insert, #2 Exhibit 2 - 09.27.19.PAC Meeting Transcript, #3 Exhibit 3 - Unpublished Decision - Clarke v Flad and Associates)(Schlinsog, Allen)
October 21, 2020	Filing 13 MOTION to Dismiss Plaintiffs Design Defect Claim (Count I) and Warranty Claims (Counts IV and V) by Merck & Co Inc, Merck Sharp & Dohme Corp. (Schlinsog, Allen)
October 21, 2020	Filing 12 DISCLOSURE Statement by Merck & Co Inc, Merck Sharp & Dohme Corp. (Schlinsog, Allen)
October 21, 2020	Filing 11 NOTICE of Appearance by Allen C Schlinsog, Jr on behalf of Merck & Co Inc, Merck Sharp & Dohme Corp. Attorney(s) appearing: Allen C. Schlinsog, Jr. (Schlinsog, Allen)
October 13, 2020	Filing 10 SUMMONS Returned Executed by All Plaintiffs. Merck & Co Inc served on 9/30/2020. (tlf)
October 13, 2020	Filing 9 SUMMONS Returned Executed by All Plaintiffs. Merck Sharp & Dohme Corp served on 9/30/2020. (tlf)
October 13, 2020	Filing 8 DOCUMENT REFILED; incorrect event chosen CERTIFICATE OF SERVICE by All Plaintiffs Merck & Co Inc (Wallace, Justin) Modified on 10/13/2020 (tlf).
October 13, 2020	Filing 7 DOCUMENT REFILED; incorrect event chosen CERTIFICATE OF SERVICE by All Plaintiffs Merck Sharp & Dohme Corp (Wallace, Justin) Modified on 10/13/2020 (tlf).
September 22, 2020	Filing 6 DISCLOSURE Statement by Stephanie Hammar, R.S.B.. This document and/or certain attachments are SEALED and only viewable by permission of the court(Wallace, Justin)
September 22, 2020	Filing 5 DISCLOSURE Statement by Stephanie Hammar, R.S.B.. (Wallace, Justin)
September 22, 2020	Filing 4 REQUEST for Issuance of Summons by All Plaintiffs for Merck Sharp & Dohme Corp (Wallace, Justin)
September 22, 2020	Filing 3 REQUEST for Issuance of Summons by All Plaintiffs for Merck & Co Inc (Wallace, Justin)
September 22, 2020	Filing 2 AMENDED COMPLAINT with Jury Demand against All Defendants filed by Stephanie Hammar, R.S.B..(Wallace, Justin)
September 22, 2020	Summons Issued as to All Defendants. (cav)
September 10, 2020	NOTICE Regarding assignment of this matter to Judge William C Griesbach ;Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days;the consent/refusal form is available on our website ;pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed (jcl)
September 9, 2020	Filing 1 COMPLAINT with Jury Demand; against Merck & Co Inc by Stephanie Hammar. ( Filing Fee PAID $400 receipt number AWIEDC-3565295) (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Wallace, Justin)

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Search for this case: R.S.B. v. Merck & Co Inc
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Plaintiff: Stephanie Hammar
Represented By:	Justin F Wallace
Represented By:	Daniel Lewis
Represented By:	Kimberly L Beck
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Plaintiff: R.S.B.
Represented By:	Justin F Wallace
Represented By:	Daniel Lewis
Represented By:	Kimberly L Beck
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Defendant: Merck & Co Inc
Represented By:	Danielle E Marocchi
Represented By:	Allen C Schlinsog, Jr
Represented By:	Celeste M Brecht
Represented By:	Stephen E Marshall
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Defendant: Merck Sharp & Dohme Corp
Represented By:	Danielle E Marocchi
Represented By:	Allen C Schlinsog, Jr
Represented By:	Celeste M Brecht
Represented By:	Stephen E Marshall
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