Balasco v. Merck & Co., Inc. et al
Consolidated
Lead case: 3:22-md-03036
Lead case: 3:22-md-03036
| North Carolina Western District Court | |
| Judge: | Robert J Conrad, Jr |
| Referred: | David S Cayer |
| Case #: | 3:22-cv-00386 |
| Nature of Suit | 365 Torts - Personal Injury - Product Liability |
| Cause | 28:1332 Diversity-Product Liability |
| Case Filed: | Aug 11, 2022 |
| Terminated: | Sep 13, 2022 |
| Case in other court: | Rhode Island, 1:20-cv-00364 |
| Last checked: Friday Feb 10, 2023 8:17 AM EST |
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Defendant
Merck & Co., Inc.
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Represented By
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Defendant
Merck Sharp & Dohme LLC
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Represented By
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Plaintiff
Julia Balasco
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Represented By
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| Docket last updated: 01/21/2025 11:59 PM EST |
| Friday, January 06, 2023 | ||
| 39 | 39
cmp
Amended Complaint
Fri 01/06 8:12 PM
AMENDED COMPLAINT with Jury Demand against Merck & Co, Inc., Merck Sharp & Dohme, filed by Julia Balasco.(Esfandiari, Bijan) |
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| Friday, October 14, 2022 | ||
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utility
Case Assigned/Reassigned
Fri 10/14 11:49 AM
Case reassigned to Magistrate Judge David S. Cayer. Magistrate Judge David Keesler no longer assigned to the case. This is your only notice - you will not receive a separate document. (brl) |
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| Tuesday, September 13, 2022 | ||
| 38 | 38
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pgs
order
Order
Tue 09/13 7:55 AM
ORDER of Administrative Close Out of Member Cases. Signed by District Judge Robert J. Conrad, Jr on 9/12/2022. (brl) |
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| Thursday, September 08, 2022 | ||
| 37 | 37
notice
Notice of Appearance
Thu 09/08 8:51 AM
NOTICE of Appearance by Sally Wiest Bryan on behalf of Merck & Co, Inc., Merck Sharp & Dohme (Bryan, Sally) |
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| Friday, August 12, 2022 | ||
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notice
Notice of Hearing
Fri 08/12 10:52 AM
NOTICE of Hearing: Pretrial Conference set for 10/11/2022 11:00 AM in Courtroom #8, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. This is your only notice - you will not receive a separate document. (brl) |
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| Thursday, August 11, 2022 | ||
| 36 | 36
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order
Order
Thu 08/11 12:58 PM
FIRST PRETRIAL ORDER. Signed by District Judge Robert J. Conrad, Jr on 8/9/22. (rth) |
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| 35 | 35
transfer
Case Transferred In - District Transfer
Thu 08/11 12:32 PM
Case transferred in from District of Rhode Island; Case Number 1:20-cv-00364. Original electronic file and docket sheet received. |
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| 34 | 34
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order
Order
Thu 08/11 9:41 AM
Conditional Transfer Order - Schedule A - Transferring this matter to the District of Western District of North Carolina and assignment to the Honorable Robert J. Conrad, Jr. for coordinated and consolidated pretrial proceedings. So Ordered by Karen K. Caldwell, Clerk of MDL Panel on 8/11/2022. (Potter, Carrie) |
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utility
Case Assigned/Reassigned
Thu 08/11 12:36 PM
Case assigned to District Judge Robert J. Conrad, Jr and Magistrate Judge David Keesler. Notice: You must click this link to retrieve the[LINK:Case Assignment Packet] . This is your only notice - you will not receive a separate document. (rth) |
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| Thursday, May 12, 2022 | ||
| TEXT ORDER. The plaintiff, Julia Balascos, Motion to Stay (ECF No.31 ) is GRANTED. Having weighed the prejudice to the defendants (Merck) in the event of a stay, the hardship to the plaintiff in the absence of a stay, and judicial economy, the Court finds that any prejudice to Merck is outweighed by judicial economy should the matter be transferred to a consolidated MDL. This action therefore is STAYED pending a decision by the Judicial Panel on Multidistrict Litigation on the consolidation of various pending Gardasil-related products liability actions, including the instant action. So Ordered by District Judge Mary S. McElroy on 5/12/2022. (Potter, Carrie) [Transferred from Rhode Island on 8/11/2022.] | ||
| Friday, May 06, 2022 | ||
| 33 | 33
REPLY to Response re32 Response to Motion, to Stay Action Pending MDL Ruling 31 filed by Julia Balasco.(Esfandiari, Bijan) [Transferred from Rhode Island on 8/11/2022.]
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Att: 1
Affidavit of Christopher Hultquist,
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Att: 2
Exhibit 1 - Order Granting Motion to Stay in Malloy v Merck, E.D. Texas,
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Att: 3
Exhibit 2 - Plaintiff's RFP Set 1 to Merck,
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Att: 4
Exhibit 3 - Plaintiff's Meet & Confer Letter,
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Att: 5
Exhibit 4 - Amended Scheduling Order in Stratton v Merck, South Carolina D.,
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Att: 6
Exhibit 5 - Plaintiff's Ex Parte Motion to Stay in Walker v Merck, W.D. Wisconsin,
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Att: 7
Exhibit 6 - Merck's Opposition to Plaintiff's Ex Parte Motion to Stay in Walker v Merck, W.D. Wisconsin
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| Monday, May 02, 2022 | ||
| 32 | 32
RESPONSE In Opposition to31 MOTION to Stay Action Pending MDL Ruling filed by Merck & Co., Inc., Merck Sharp & Dohme Corp.. Replies due by 5/9/2022.(Dwyer, Paul) [Transferred from Rhode Island on 8/11/2022.]
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Att: 1
Exhibit A to Opposition to Plaintiff's Motion for Stay,
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Att: 2
Affidavit of Christina L. Gaarder In Support of Opposition,
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Att: 3
Exhibit A,
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Att: 4
Exhibit B,
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Att: 5
Exhibit C,
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Att: 6
Exhibit D,
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Att: 7
Exhibit E,
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Att: 8
Exhibit F
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| Monday, April 18, 2022 | ||
| 31 | 31
MOTION to Stay Action Pending MDL Ruling filed by Julia Balasco. Responses due by 5/2/2022.(Esfandiari, Bijan) [Transferred from Rhode Island on 8/11/2022.]
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Att: 1
Supporting Memorandum,
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Att: 2
Text of Proposed Order
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| Tuesday, February 15, 2022 | ||
| TEXT Order Entering30 STIPULATION. So Ordered by District Judge Mary S. McElroy on 2/15/2022. (Potter, Carrie) [Transferred from Rhode Island on 8/11/2022.] | ||
| Monday, February 14, 2022 | ||
| 30 | 30
Proposed STIPULATION Order Re: Discovery of Electronically Stored Information filed by All Defendants.(Dwyer, Paul) [Transferred from Rhode Island on 8/11/2022.]
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Att: 1
Appendix Technical Specifications for Production
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| Friday, February 04, 2022 | ||
| TEXT ORDER granting29 Motion to Amend/Correct; Set/Reset Scheduling Order Deadlines: Factual Discovery to close by 10/3/2022;, Plaintiff Expert Disclosures shall be made by 11/18/2022;, Defendant Expert Disclosures shall be made by 12/21/2022;, Expert Discovery to close by 2/3/2023;, Motions due by 4/28/2023. So Ordered by District Judge Mary S. McElroy on 2/4/2022. (Potter, Carrie) [Transferred from Rhode Island on 8/11/2022.] | ||
| Thursday, February 03, 2022 | ||
| 29 | 29
Joint MOTION to Amend/Correct Court's Scheduling Order filed by All Defendants. Responses due by 2/17/2022. (Dwyer, Paul) [Transferred from Rhode Island on 8/11/2022.]
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| Friday, January 14, 2022 | ||
| 28 | 28
MOTION for John A. McCauley to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-1709796 ) filed by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Dwyer, Paul) [Transferred from Rhode Island on 8/11/2022.]
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| TEXT ORDER granting28 Motion to Appear Pro Hac Vice of John A McCauley. So Ordered by District Judge Mary S. McElroy on 1/14/2022. (DaCruz, Kayla) [Transferred from Rhode Island on 8/11/2022.] | ||
| Monday, August 16, 2021 | ||
| 27 | 27
PRETRIAL SCHEDULING ORDER: Factual Discovery to close by 2/4/2022; Plaintiff Expert Disclosures shall be made by 3/4/2022; Defendant Expert Disclosures shall be made by 4/4/2022; Expert Discovery to close by 6/30/2022; Dispositive Motions due by 8/1/2022;. So Ordered by District Judge Mary S. McElroy on 8/16/2021. (Potter, Carrie) [Transferred from Rhode Island on 8/11/2022.]
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| 26 | 26
PROTECTIVE ORDER. So Ordered by District Judge Mary S. McElroy on 8/16/2021. (Potter, Carrie) [Transferred from Rhode Island on 8/11/2022.]
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| Text Order granting25 Motion for Protective Order. So Ordered by District Judge Mary S. McElroy on 8/16/2021. (Potter, Carrie) [Transferred from Rhode Island on 8/11/2022.] | ||
| Friday, July 23, 2021 | ||
| 25 | 25
Joint MOTION for Protective Order filed by Merck & Co., Inc., Merck Sharp & Dohme Corp.. Responses due by 8/6/2021.(Dwyer, Paul) [Transferred from Rhode Island on 8/11/2022.]
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Att: 1
Exhibit Proposed Stipulated Protective Order
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| 24 | 24
REPORT of Rule 26(f) Planning Meeting. (Dwyer, Paul) [Transferred from Rhode Island on 8/11/2022.]
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| Monday, July 12, 2021 | ||
| TEXT ORDER granting21 Motion to Appear Pro Hac Vice of Lisa C. Dykstra, ; granting22 Motion to Appear Pro Hac Vice of Deanne L. Miller; granting23 Motion to Appear Pro Hac Vice of Nicolette Leilani Young. So Ordered by District Judge Mary S. McElroy on 7/12/2021. (Potter, Carrie) [Transferred from Rhode Island on 8/11/2022.] | ||
| Friday, July 09, 2021 | ||
| 23 | 23
MOTION for Nicolette Leilani Young to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1642976 ) filed by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Dwyer, Paul) [Transferred from Rhode Island on 8/11/2022.]
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| 22 | 22
MOTION for Deanne L. Miller to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1642975 ) filed by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Dwyer, Paul) [Transferred from Rhode Island on 8/11/2022.]
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MOTION for Lisa C. Dykstra to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1642960 ) filed by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Dwyer, Paul) [Transferred from Rhode Island on 8/11/2022.]
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| Thursday, June 17, 2021 | ||
| TRANSCRIPT ORDER RESCINDED re:20 Transcript Order, The Court Reporter certifies the transcript order is unable to be fulfilled for the following reasons: Hearing was not recorded. (Dias, Jennifer) [Transferred from Rhode Island on 8/11/2022.] | ||
| Wednesday, June 16, 2021 | ||
| 20 | 20
TRANSCRIPT ORDER for proceedings held on 5/24/2021 before Judge Mary S. McElroy. Daily Transcript selected. Transcript to be delivered following adjournment and prior to the normal opening hour of court on the following morning.. (Esfandiari, Bijan) [Transferred from Rhode Island on 8/11/2022.]
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| Friday, June 11, 2021 | ||
| 19 | 19
NOTICE of Change of Address by Bijan Esfandiari (Esfandiari, Bijan) [Transferred from Rhode Island on 8/11/2022.]
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| Monday, May 24, 2021 | ||
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REPORT of Rule 26(f) Planning Meeting. (Dwyer, Paul) [Transferred from Rhode Island on 8/11/2022.]
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| Monday, May 17, 2021 | ||
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RULE 16 STATEMENT by Julia Balasco. (Esfandiari, Bijan) [Transferred from Rhode Island on 8/11/2022.]
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| Tuesday, May 11, 2021 | ||
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NOTICE of Hearing: Teleohonic Rule 16 Conference set for 5/24/2021 at 10:00 AM before District Judge Mary S. McElroy. The Court will send dial-in information to counsel by email. (Urizandi, Nisshy) [Transferred from Rhode Island on 8/11/2022.]
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| Thursday, May 06, 2021 | ||
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ANSWER to Complaint and Jury Demand by Merck & Co., Inc., Merck Sharp & Dohme Corp..(Dwyer, Paul) [Transferred from Rhode Island on 8/11/2022.]
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| Thursday, April 22, 2021 | ||
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ORDER granting9 Motion to Dismiss Count VI of Plaintiff's Complaint ; denying10 Motion to Strike. So Ordered by District Judge Mary S. McElroy on 4/22/2021. (Simoncelli, Michael) [Transferred from Rhode Island on 8/11/2022.]
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| Wednesday, October 14, 2020 | ||
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REPLY to Response re11 Response to Motion to Strike filed by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Sangiamo, Dino) [Transferred from Rhode Island on 8/11/2022.]
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| Wednesday, October 07, 2020 | ||
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RESPONSE In Support to9 MOTION to Dismiss Count VI of Plaintiff's Complaint (Non-Opposition) filed by Julia Balasco. Replies due by 10/14/2020. (Esfandiari, Bijan) [Transferred from Rhode Island on 8/11/2022.]
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RESPONSE In Opposition to10 MOTION to Strike1 Complaint filed by Julia Balasco. Replies due by 10/14/2020. (Esfandiari, Bijan) [Transferred from Rhode Island on 8/11/2022.]
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| Wednesday, September 23, 2020 | ||
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MOTION to Strike1 Complaint filed by Merck & Co., Inc., Merck Sharp & Dohme Corp.. Responses due by 10/7/2020.(Dwyer, Paul) [Transferred from Rhode Island on 8/11/2022.]
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Att: 1
Memorandum in Support of its Motion to Strike,
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Att: 2
Proposed Order
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| 9 | 9
MOTION to Dismiss Count VI of Plaintiff's Complaint filed by Merck & Co., Inc., Merck Sharp & Dohme Corp.. Responses due by 10/7/2020.(Dwyer, Paul) [Transferred from Rhode Island on 8/11/2022.]
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Att: 1
Memorandum in Support of its Motion to Dismiss,
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Att: 2
Proposed Order
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MOTION for Dino S. Sangiamo to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1551984 ) filed by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Dwyer, Paul) [Transferred from Rhode Island on 8/11/2022.]
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| TEXT ORDER granting8 Motion to Appear Pro Hac Vice of Dino S. Sangiamo. So Ordered by District Judge Mary S. McElroy on 9/23/2020. (Hicks, Alyson) [Transferred from Rhode Island on 8/11/2022.] | ||
| Monday, August 31, 2020 | ||
| TEXT ORDER granting4 Motion to Appear Pro Hac Vice of Bijan Esfandiari, ; granting5 Motion to Appear Pro Hac Vice of Michael L Baum; granting6 Motion to Appear Pro Hac Vice of Nicole K.H. Maldonado, ; granting7 Motion to Appear Pro Hac Vice of Robert F. Kennedy, Jr.. So Ordered by District Judge Mary S. McElroy on 8/31/2020. (Potter, Carrie) [Transferred from Rhode Island on 8/11/2022.] | ||
| Saturday, August 29, 2020 | ||
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MOTION for Robert F. Kennedy, Jr. to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1544247 ) filed by Julia Balasco. (Hultquist, Christopher) [Transferred from Rhode Island on 8/11/2022.]
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MOTION for Nicole K.H. Maldonado to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1544246 ) filed by Julia Balasco. (Hultquist, Christopher) [Transferred from Rhode Island on 8/11/2022.]
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| 5 | 5
MOTION for Michael L. Baum to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1544245 ) filed by Julia Balasco. (Hultquist, Christopher) [Transferred from Rhode Island on 8/11/2022.]
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MOTION for Bijan Esfandiari to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1544244 ) filed by Julia Balasco. (Hultquist, Christopher) [Transferred from Rhode Island on 8/11/2022.]
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| Wednesday, August 19, 2020 | ||
| 3 | 3
Summons Issued as to All Defendants.(Potter, Carrie) [Transferred from Rhode Island on 8/11/2022.]
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Att: 1
Summons
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| 2 | 2
CASE OPENING NOTICE ISSUED (Potter, Carrie) [Transferred from Rhode Island on 8/11/2022.]
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| 1 | 1
COMPLAINT ( filing fee paid $ 400.00, receipt number 0103-1541000 ), filed by Julia Balasco.(Hultquist, Christopher) [Transferred from Rhode Island on 8/11/2022.]
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Att: 1
Civil Cover Sheet,
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Att: 2
Summons-Merck & Co., Inc.,
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Att: 3
Summons-Merck Sharp & Dohme Corp.
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| Case assigned to District Judge Mary S. McElroy and Magistrate Judge Patricia A. Sullivan. (Potter, Carrie) [Transferred from Rhode Island on 8/11/2022.] | ||