Dalton 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-00387 |
| 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: | Michigan Eastern, 5:21-cv-12324 |
| Last checked: Friday Feb 10, 2023 8:31 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
Ashley Dalton
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Represented By
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| Docket last updated: 01/21/2025 11:59 PM EST |
| Friday, January 06, 2023 | ||
| 42 | 42
cmp
Amended Complaint
Fri 01/06 11:11 PM
AMENDED COMPLAINT First Amended with Jury Demand against Merck & Co, Inc., Merck Sharp & Dohme, filed by Ashley Dalton.(Esfandiari, Bijan) |
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| Friday, October 14, 2022 | ||
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utility
Case Assigned/Reassigned
Fri 10/14 11:52 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 | ||
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1
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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| Monday, August 29, 2022 | ||
| 40 | 40
notice
Notice of Appearance
Mon 08/29 9:31 PM
NOTICE of Appearance by Sally Wiest Bryan on behalf of Merck & Co, Inc., Merck Sharp & Dohme (Bryan, Sally) |
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| 39 | 39
notice
Notice of Appearance
Mon 08/29 9:26 PM
NOTICE of Appearance by Dino S. Sangiamo on behalf of Merck & Co, Inc., Merck Sharp & Dohme (Sangiamo, Dino) |
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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 | ||
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order
Order
Thu 08/11 1:41 PM
FIRST PRETRIAL ORDER. Signed by District Judge Robert J. Conrad, Jr on 8/9/22. (rth) |
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| 37 | 37
transfer
Case Transferred In - District Transfer
Thu 08/11 1:20 PM
Case transferred in from District of Michigan Eastern; Case Number 5:21-cv-12324. Original electronic file and docket sheet received. |
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| 36 | 36
notice
Notice (Other)
Thu 08/11 9:59 AM
NOTICE of Transfer to the Western District of North Carolina for MDL 3036 (SSch) |
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| 35 | 35
7
pgs
order
Order
Thu 08/11 9:56 AM
MDL Certified Transfer Order to Western District of North Carolina for MDL # 3036. (SSch) |
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utility
Case Assigned/Reassigned
Thu 08/11 1:23 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, August 04, 2022 | ||
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MDL Certified Transfer Order for MDL # 3036. [Informational Copy] (SSch) [Transferred from Michigan Eastern on 8/11/2022.]
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| Tuesday, May 24, 2022 | ||
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SUPPLEMENTAL BRIEF re27 Supplemental Brief filed by Ashley Dalton. (Esfandiari, Bijan) [Transferred from Michigan Eastern on 8/11/2022.]
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Att: 1
Document Continuation Declaration of Bijan Esfandiari in Support of Motion,
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Att: 2
Exhibit 1 - Robi Answer to Complaint,
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Att: 3
Exhibit 2 - Gramza Answer to Complaint,
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Att: 4
Exhibit 3 - Gramza Joint Report,
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Att: 5
Exhibit 4 - Herlth Second Amended Complaint,
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Att: 6
Exhibit 5 - Herlth Order Re-Opening Case
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| Thursday, May 19, 2022 | ||
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STIPULATION AND ORDER. Signed by Magistrate Judge David R. Grand. (EBut) [Transferred from Michigan Eastern on 8/11/2022.]
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| Tuesday, May 17, 2022 | ||
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STIPULATION AND ORDER FOR EXTENSION OF TIME TO DEFENDANTS MOTION TO DISMISS SUPPLEMENTAL BRIEFING SCHEDULE by Ashley Dalton (Esfandiari, Bijan) [Transferred from Michigan Eastern on 8/11/2022.]
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| Monday, May 16, 2022 | ||
| 30 | 30
REPLY to Response re25 MOTION to Stay Action Pending MDL Ruling in MDL No. 3036 filed by Ashley Dalton. (Esfandiari, Bijan) [Transferred from Michigan Eastern on 8/11/2022.]
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Att: 1
Exhibit 1 - Order Granting Motion to Stay (Malloy v Merck, E.D. Texas),
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Att: 2
Exhibit 2 - Order Granting Motion to Stay (Balasco v Merck, D. Rhode Island)
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| Tuesday, May 10, 2022 | ||
| 29 | 29
RESPONSE to25 MOTION to Stay Action Pending MDL Ruling in MDL No. 3036 Defendants' Opposition to Plaintiff's Motion to Stay filed by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Wheaton, Jill) [Transferred from Michigan Eastern on 8/11/2022.]
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D
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| Thursday, May 05, 2022 | ||
| 28 | 28
NOTICE by Ashley Dalton re25 MOTION to Stay Action Pending MDL Ruling in MDL No. 3036 Notice of Supplemental Authority (Esfandiari, Bijan) [Transferred from Michigan Eastern on 8/11/2022.]
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Att: 1
Exhibit 1 - Order Granting Motion to Stay in Malloy v Merck (N.D. Texas)
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| Tuesday, May 03, 2022 | ||
| 27 | 27
SUPPLEMENTAL BRIEF re6 MOTION to Dismiss and Memorandum in Support of Motion to Dismiss filed by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Wheaton, Jill) [Transferred from Michigan Eastern on 8/11/2022.]
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| Monday, May 02, 2022 | ||
| 26 | 26
ORDER REFERRING MOTION to Magistrate Judge David R. Grand:25 MOTION to Stay Action Pending MDL Ruling in MDL No. 3036 filed by Ashley Dalton. Signed by District Judge Judith E. Levy. (WBar) [Transferred from Michigan Eastern on 8/11/2022.]
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| Friday, April 29, 2022 | ||
| 25 | 25
MOTION to Stay Action Pending MDL Ruling in MDL No. 3036 by Ashley Dalton. (Esfandiari, Bijan) [Transferred from Michigan Eastern on 8/11/2022.]
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Att: 1
Text of Proposed Order
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| 24 | 24
TRANSCRIPT of Motion Hearings held on April 11, 2022. (Court Transcriber: Darlene K. May) (Number of Pages: 74) The parties have 21 days to file with the court and Court Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 5/20/2022. Redacted Transcript Deadline set for 5/31/2022. Release of Transcript Restriction set for 7/28/2022. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (May, D) [Transferred from Michigan Eastern on 8/11/2022.]
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| Monday, April 11, 2022 | ||
| Minute Entry for virtual proceedings before Magistrate Judge David R. Grand: Motion Hearing held on 4/11/2022 re7 MOTION Request For Judicial Notice filed by Merck Sharp & Dohme Corp., Merck & Co., Inc.,6 MOTION to Dismiss and Memorandum in Support of Motion to Dismiss filed by Merck Sharp & Dohme Corp., Merck & Co., Inc. Disposition: Hearing held on Defendant's Motion to Dismiss (ECF No. 6) and Request for Judicial Notice (ECF No. 7) on April 11, 2022. Disposition motions taken under advisement. Defendant shall have until May 3, 2022, to file the supplemental brief discussed during the hearing, and Plaintiff shall have until May 17, 2022, to file a response thereto. (Court Reporter: Digitally Recorded) (EBut) [Transferred from Michigan Eastern on 8/11/2022.] | ||
| Thursday, March 17, 2022 | ||
| 23 | 23
NOTICE by Ashley Dalton re22 Notice (Other), Response to Defendants' Notice of Supplemental Authority (Esfandiari, Bijan) [Transferred from Michigan Eastern on 8/11/2022.]
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Att: 1
Exhibit A - Merck Defendants' Answer to Complaint in Balasco v. Merck,
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Att: 2
Exhibit B - Merck Defendants' Answer to Complaint in Gramza v. Merck,
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Att: 3
Exhibit C - Merck Defendants' Answer to Complaint in McElerney v. Merck,
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Att: 4
Exhibit D - Merck Defendants' Answer to Complaint in Silver v. Merck,
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Att: 5
Exhibit E - Merck Defendants' Answer to Complaint in Walker v. Merck
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| Wednesday, March 16, 2022 | ||
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NOTICE by All Defendants re6 MOTION to Dismiss and Memorandum in Support of Motion to Dismiss - Merck & Co., Inc. and Merck Sharp & Dohme Corp.'s Notice of Supplemental Authority In Support of Motion to Dismiss (Houk, Kelly) [Transferred from Michigan Eastern on 8/11/2022.]
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Att: 1
Exhibit A - 3-25-22 Herlth Order Granting Merck Motion to Dismiss
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| Wednesday, March 02, 2022 | ||
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REPLY to6 MOTION to Dismiss and Memorandum in Support of Motion to Dismiss Merck & Co., Inc. and Merck Sharp & Dohme Corp.'s Reply In Support Of Motion To Dismiss by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Wheaton, Jill) [Transferred from Michigan Eastern on 8/11/2022.]
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REPLY to16 Response to Motion Defendants' Reply In Support of Request For Judicial Notice by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Wheaton, Jill) [Transferred from Michigan Eastern on 8/11/2022.]
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Att: 1
Exhibit II: 1991 Intercenter Agreement,
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Att: 2
Exhibit JJ: Mich. Senate Journal (excerpt),
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Att: 3
Exhibit KK: Mich. House Bill Analysis
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| Friday, February 18, 2022 | ||
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NOTICE OF VIDEO CONFERENCE HEARING on7 MOTION Request For Judicial Notice ,6 MOTION to Dismiss and Memorandum in Support of Motion to Dismiss . Motion Hearing set for 4/11/2022 10:00 AM before Magistrate Judge David R. Grand |Zoom Webinar Information: Please click this URL to join. https://www.zoomgov.com/j/1610667956?pwd=UitLVmlXVUhhNG9QNFJBNFBXNExCUT09 Passcode: 152436| (EBut) [Transferred from Michigan Eastern on 8/11/2022.]
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| Thursday, February 17, 2022 | ||
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RESPONSE to6 MOTION to Dismiss and Memorandum in Support of Motion to Dismiss - Table of Authorities to Plaintiff's Opposition to Motion to Dismiss, Docket #17 filed by Ashley Dalton. (Esfandiari, Bijan) [Transferred from Michigan Eastern on 8/11/2022.]
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| Wednesday, February 16, 2022 | ||
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RESPONSE to6 MOTION to Dismiss and Memorandum in Support of Motion to Dismiss filed by Ashley Dalton. (Esfandiari, Bijan) [Transferred from Michigan Eastern on 8/11/2022.]
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| 16 | 16
RESPONSE to7 MOTION Request For Judicial Notice filed by Ashley Dalton. (Esfandiari, Bijan) [Transferred from Michigan Eastern on 8/11/2022.]
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| Tuesday, February 08, 2022 | ||
| 15 | 15
NOTICE of Appearance by Edward Dumoulin on behalf of Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Dumoulin, Edward) [Transferred from Michigan Eastern on 8/11/2022.]
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| 14 | 14
NOTICE of Appearance by Rami Naji Fakhouri on behalf of Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Fakhouri, Rami) [Transferred from Michigan Eastern on 8/11/2022.]
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| 13 | 13
NOTICE of Appearance by Elizabeth Burnett Farrington on behalf of Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Farrington, Elizabeth) [Transferred from Michigan Eastern on 8/11/2022.]
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| 12 | 12
STIPULATION AND ORDER. Signed by Magistrate Judge David R. Grand. (EBut) [Transferred from Michigan Eastern on 8/11/2022.]
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| Monday, February 07, 2022 | ||
| 11 | 11
STIPULATION AND ORDER FOR EXTENSION OF TIME TO DEFENDANTS MOTION TO DISMISS BRIEFING SCHEDULE by Ashley Dalton (Esfandiari, Bijan) [Transferred from Michigan Eastern on 8/11/2022.]
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| Friday, January 21, 2022 | ||
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STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Merck Sharp & Dohme Corp. identifying Corporate Parent Merck & Co., Inc. for Merck Sharp & Dohme Corp.. (Houk, Kelly) [Transferred from Michigan Eastern on 8/11/2022.]
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| 9 | 9
STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Merck & Co., Inc. identifying Corporate Parent Merck & Co., Inc. for Merck & Co., Inc.. (Houk, Kelly) [Transferred from Michigan Eastern on 8/11/2022.]
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| Thursday, January 20, 2022 | ||
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ORDER REFERRING MOTIONS to Magistrate Judge David R. Grand:6 MOTION to Dismiss,7 MOTION For Judicial Notice. Signed by District Judge Judith E. Levy. (WBar) [Transferred from Michigan Eastern on 8/11/2022.]
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| Wednesday, January 19, 2022 | ||
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MOTION Request For Judicial Notice by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Wheaton, Jill) [Transferred from Michigan Eastern on 8/11/2022.]
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Att: 1
Exhibit A: POTS Causes,
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Att: 2
Exhibit B: Chronic Fatigue,
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Att: 3
Exhibit C: 20130900 Gardasil,
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Att: 4
Exhibit D: Human Papillomavirus,
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Att: 5
Exhibit E: Reasons to Get Vaccinated,
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Att: 6
Exhibit F: HPV Cancers,
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Att: 7
Exhibit G: WHO Cervical,
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Att: 8
Exhibit H: Gardasil Vaccine Safety,
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Att: 9
Exhibit I: What Can I Do,
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Att: 10
Exhibit J: When to Get HPV,
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Att: 11
Exhibit K: HPV Vaccine,
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Att: 12
Exhibit L: Questions about HPV,
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Att: 13
Exhibit M: WHO Safety,
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Att: 14
Exhibit N: Li 2014,
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Att: 15
Exhibit O: de Freitas 2012,
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Att: 16
Exhibit P: Little 2012,
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Att: 17
Exhibit Q: Kanduc 2012,
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Att: 18
Exhibit R: CDC Autism,
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Att: 19
Exhibit S: Bllitshteyn 2010,
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Att: 20
Exhibit T: Blitshteyn 2019,
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Att: 21
Exhibit U: 20110400 Gardasil,
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Att: 22
Exhibit V: HPV Vaccination is Safe,
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Att: 23
Exhibit W: Arana 2018,
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Att: 24
Exhibit X: Safety Information,
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Att: 25
Exhibit Y: Excerpts of 20090909,
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Att: 26
Exhibit Z: Common Ingredients,
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Att: 27
Exhibit AA: June 2006 Gardasil Label,
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Att: 28
Exhibit BB: FDA Information,
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Att: 29
Exhibit CC: Excerpt of 2010127,
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Att: 30
Exhibit DD: Excerpts of 20060518,
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Att: 31
Exhibit EE: HPV,
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Att: 32
Exhibit FF: HPV Vaccine Information,
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Att: 33
Exhibit GG: 20060608,
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Att: 34
Exhibit HH: December 2014 Approval Ltr
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| 6 | 6
MOTION to Dismiss and Memorandum in Support of Motion to Dismiss by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Wheaton, Jill) [Transferred from Michigan Eastern on 8/11/2022.]
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| 5 | 5
NOTICE of Appearance by Kelly R. Houk on behalf of All Defendants. (Houk, Kelly) [Transferred from Michigan Eastern on 8/11/2022.]
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| 4 | 4
NOTICE of Appearance by Jill M. Wheaton on behalf of Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Wheaton, Jill) [Transferred from Michigan Eastern on 8/11/2022.]
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| Monday, October 04, 2021 | ||
| 3 | 3
SUMMONS Issued for *Merck Sharp & Dohme Corp.* (DAll) [Transferred from Michigan Eastern on 8/11/2022.]
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| 2 | 2
SUMMONS Issued for *Merck & Co., Inc.* (DAll) [Transferred from Michigan Eastern on 8/11/2022.]
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| A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at[LINK:http://www.mied.uscourts.gov] (DAll) [Transferred from Michigan Eastern on 8/11/2022.] | ||
| Friday, October 01, 2021 | ||
| 1 | 1
COMPLAINT filed by Ashley Dalton against Merck & Co., Inc., Merck Sharp & Dohme Corp. with Jury Demand. No summons requested. Receipt No: AMIEDC-8638410 - Fee: $ 402. County of 1st Plaintiff: Macomb County - County Where Action Arose: Macomb County - County of 1st Defendant: Sarasota County. [ Previously dismissed case: No] [ Possible companion case(s): None ] (Loranger, Timothy) [Transferred from Michigan Eastern on 8/11/2022.]
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Att: 1
Civil Cover Sheet
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| REQUEST for SUMMONS for Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Loranger, Timothy) [Transferred from Michigan Eastern on 8/11/2022.] | ||