Colbath 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-00398 |
| 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: | California Southern, 3:21-cv-00120 |
| Last checked: Friday Feb 10, 2023 4:59 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
Michael Colbath
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Represented By
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| Docket last updated: 01/21/2025 11:59 PM EST |
| Friday, January 06, 2023 | ||
| 34 | 34
cmp
Amended Complaint
Fri 01/06 11:04 PM
AMENDED COMPLAINT First Amended with Jury Demand against Merck & Co, Inc., Merck Sharp & Dohme, filed by Michael Colbath.(Esfandiari, Bijan) |
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| Friday, October 14, 2022 | ||
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utility
Case Assigned/Reassigned
Fri 10/14 12:04 PM
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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| Friday, August 26, 2022 | ||
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notice
Notice of Appearance
Fri 08/26 9:56 AM
NOTICE of Appearance by Sally Wiest Bryan on behalf of Merck & Co, Inc., Merck Sharp & Dohme (Bryan, Sally) |
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| 31 | 31
notice
Notice of Appearance
Fri 08/26 9:53 AM
NOTICE of Appearance by Dino S. Sangiamo on behalf of Merck & Co, Inc., Merck Sharp & Dohme (Sangiamo, Dino) |
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| Monday, August 15, 2022 | ||
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notice
Notice of Hearing
Mon 08/15 9:35 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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pgs
order
Order
Fri 08/12 11:57 AM
FIRST PRETRIAL ORDER. Signed by District Judge Robert J. Conrad, Jr on 8/9/22. (rth) |
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transfer
Case Transferred In - District Transfer
Fri 08/12 11:31 AM
Case transferred in from District of California Southern; Case Number 3:21-cv-00120. Original electronic file and docket sheet received. |
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Case transferred to District of Western District of North Carolina. Files transferred electronically to: *District of Western District of North Carolina*.*401 West Trade Street, Room 1301**Charlotte, NC 28202* (jmo) [Transferred from California Southern on 8/12/2022.]
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Att: 1
Tranfer Order MDL 3036
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utility
Case Assigned/Reassigned
Fri 08/12 11:41 AM
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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| Wednesday, June 22, 2022 | ||
| 27 | 27 Minute Entry for proceedings held before Magistrate Judge Daniel E. Butcher: An Early Neutral Evaluation Conference was held on June 22, 2022. A telephonic Status Conference will be held on August 26, 2022 at 9 a.m. Counsel must call the Court's teleconference line at 1-888-398-2342, enter access code 8389272, and press * if prompted for a security code.(Plaintiff Attorney Bijan Esfandiari). (Defendant Attorney Deanne Miller). (no document attached) (kxb) [Transferred from California Southern on 8/12/2022.] | |
| Wednesday, June 15, 2022 | ||
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REPORT of Rule 26(f) Planning Meeting. (Esfandiari, Bijan) (dlg). [Transferred from California Southern on 8/12/2022.]
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| Monday, May 09, 2022 | ||
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NOTICE AND ORDER for Early Neutral Evaluation and Case Management Conference. Joint Discovery Plan due 6/15/2022. Early Neutral Evaluation set for 6/22/2022 at 9:00 AM before Magistrate Judge Daniel E. Butcher. Case Management Conference set for 6/22/2022 at 9:00 AM before Magistrate Judge Daniel E. Butcher. Signed by Magistrate Judge Daniel E. Butcher on 5/9/22.(dlg) [Transferred from California Southern on 8/12/2022.]
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| Tuesday, May 03, 2022 | ||
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ANSWER to1 Complaint, with Jury Demand by Merck & Co., Inc., Merck Sharp & Dohme Corp.(Miller, Deanne) (dlg). [Transferred from California Southern on 8/12/2022.]
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| Tuesday, March 29, 2022 | ||
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ORDER Granting in Part and Denying in Part Defendants'6 Motion to Dismiss Plaintiff's Complaint. Plaintiff has until April 19, 2022, to file a first amended complaint addressing the deficiencies. Signed by Judge Thomas J. Whelan on 3/29/22. (dlg) [Transferred from California Southern on 8/12/2022.]
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Notice of Document Discrepancies and Order Thereon by Magistrate Judge Daniel E. Butcher Rejecting, from Defendants Merck & Co., Inc., Merck Sharp & Dohme Corp. Non-compliance with local rule(s), ECF 2(h) - Proposed Orders are not to be filed on the docket. LR 5.1 - ECF filings 20 and 21 are proposed Orders, missing Motion filings and supporting documentation. The proposed orders include provisions that do not comply with Judge Butcher's Civil Chambers Rules, Sections VI and IX. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Magistrate Judge Daniel E. Butcher on 3/28/22.(dlg) [Transferred from California Southern on 8/12/2022.]
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| Monday, March 21, 2022 | ||
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*** STRICKEN PER ECF 22 *** Joint MOTION for Production of Electronically Stored Information (ESI) Stipulated Order Re: Discovery of Electronically Stored Information by Merck & Co., Inc., Merck Sharp & Dohme Corp. (Miller, Deanne) (jms). Modified on 3/29/2022 (dlg). (dlg). [Transferred from California Southern on 8/12/2022.]
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Att: 1
(3/29/2022) Strike
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*** STRICKEN PER ECF 22 *** JOINT MOTION for Protective Order Stipulated Protective Order by Merck & Co., Inc., Merck Sharp & Dohme Corp. (Miller, Deanne) qc mailer sent; docket text update (jms). Modified on 3/29/2022 (dlg). (dlg). [Transferred from California Southern on 8/12/2022.]
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Att: 1
(3/29/2022) Strike
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| Tuesday, June 15, 2021 | ||
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ORDER Approving the Pro Hac Vice Application of Allyson Miller Julien, re17 Request to Appear Pro Hac Vice. Signed by Judge Thomas J. Whelan on 6/15/2021.(rmc) [Transferred from California Southern on 8/12/2022.]
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ORDER Approving the Pro Hac Vice Application of Elizabeth Burnett Farrington, re16 Request to Appear Pro Hac Vice. Signed by Judge Thomas J. Whelan on 6/14/2021.(rmc) [Transferred from California Southern on 8/12/2022.]
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Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-15828727.) (Application to be reviewed by Clerk.) (Julien, Allyson) (rmc). [Transferred from California Southern on 8/12/2022.]
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| Friday, June 11, 2021 | ||
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Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-15821135.) (Application to be reviewed by Clerk.) (Farrington, Elizabeth)(rmc). [Transferred from California Southern on 8/12/2022.]
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| Wednesday, June 02, 2021 | ||
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ORDER Approving Defendants Merck & Co., Inc. and Merck Sharp & Dohme Corp.'s Request for Substitution of Attorney (Doc.13 ). Signed by Judge Thomas J. Whelan on 6/2/2021.(jrm) [Transferred from California Southern on 8/12/2022.]
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| Tuesday, June 01, 2021 | ||
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REPLY - Other re6 MOTION to Dismiss Plaintiffs Complaint - Defendants Merck & Co., Inc., and Merck Sharp & Dohme Corp.'s Reply in Support of Motion to Dismiss Plaintiff's Complaint - filed by Merck & Co., Inc., Merck Sharp & Dohme Corp. (Miller, Deanne) (jrm). [Transferred from California Southern on 8/12/2022.]
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| Friday, May 28, 2021 | ||
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NOTICE and Request for Substitution of Attorney by Merck & Co., Inc., Merck Sharp & Dohme Corp (Miller, Deanne)Attorney Deanne Lynn Miller added to party Merck & Co., Inc.(pty:dft), Attorney Deanne Lynn Miller added to party Merck Sharp & Dohme Corp(pty:dft) (jrm). [Transferred from California Southern on 8/12/2022.]
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| Monday, May 10, 2021 | ||
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Opposition by Michael Colbath re6 MOTION to Dismiss Plaintiffs Complaint Request for Judicial Notice (Esfandiari, Bijan) Modified docket text on 5/11/2021 (jrm). [Transferred from California Southern on 8/12/2022.]
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| 11 | 11
RESPONSE in Opposition re6 MOTION to Dismiss Plaintiffs Complaint filed by Michael Colbath. (Esfandiari, Bijan) (jrm). [Transferred from California Southern on 8/12/2022.]
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| Friday, April 30, 2021 | ||
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NOTICE of Appearance by Nicole Norma King on behalf of Merck & Co., Inc., Merck Sharp & Dohme Corp (King, Nicole)Attorney Nicole Norma King added to party Merck & Co., Inc.(pty:dft), Attorney Nicole Norma King added to party Merck Sharp & Dohme Corp(pty:dft) (jrm). [Transferred from California Southern on 8/12/2022.]
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| Thursday, April 15, 2021 | ||
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ORDER Granting Joint Motion for Continuance of Defendants' Motion to Dismiss Hearing Date and Briefing Schedule (Doc.8 ). The hearing date for Defendant's Motion to Dismiss (Doc.6 ) is continued to 6/14/2021. Responses due by 5/10/2021 Replies due by 6/1/2021. Signed by Judge Thomas J. Whelan on 4/15/2021. (jdt) [Transferred from California Southern on 8/12/2022.]
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| Monday, April 12, 2021 | ||
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Joint MOTION to Continue Defendants Merck & Co., Inc. and Merck Sharp & Dohme Corp's Motion to Dismiss Hearing Date and Briefing Schedule by Michael Colbath. (Esfandiari, Bijan) (jdt). [Transferred from California Southern on 8/12/2022.]
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| Monday, April 05, 2021 | ||
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REQUEST FOR JUDICIAL NOTICE by Merck & Co., Inc., Merck Sharp & Dohme Corp re6 MOTION to Dismiss Plaintiffs Complaint (Brecht, Celeste) (jmo). [Transferred from California Southern on 8/12/2022.]
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MOTION to Dismiss Plaintiffs Complaint by Merck & Co., Inc., Merck Sharp & Dohme Corp.(Brecht, Celeste) (jmo). [Transferred from California Southern on 8/12/2022.]
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Att: 1
Declaration of Celeste M. Brecht,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Exhibit E,
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Att: 7
Exhibit F,
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Att: 8
Exhibit G,
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Att: 9
Exhibit H,
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Att: 10
Exhibit I,
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Att: 11
Exhibit J,
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Att: 12
Exhibit K,
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Att: 13
Exhibit L,
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Att: 14
Exhibit M,
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Att: 15
Exhibit N,
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Att: 16
Exhibit O,
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Att: 17
Exhibit P,
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Att: 18
Exhibit Q,
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Att: 19
Exhibit R,
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Att: 20
Exhibit S,
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Att: 21
Exhibit T,
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Att: 22
Exhibit U,
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Att: 23
Exhibit V,
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Att: 24
Exhibit W,
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Att: 25
Exhibit X,
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Att: 26
Exhibit Y,
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Att: 27
Exhibit Z,
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Att: 28
Exhibit AA,
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Att: 29
Exhibit BB,
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Att: 30
Exhibit CC,
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Att: 31
Exhibit DD,
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Att: 32
Exhibit EE
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| Monday, March 15, 2021 | ||
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ORDER granting3 Motion for Extension of Time to File Responsive Pleading. Signed by Judge Thomas J. Whelan on 3/15/2021. (sjt) [Transferred from California Southern on 8/12/2022.]
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| Monday, March 08, 2021 | ||
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Corporate Disclosure Statement by Merck & Co., Inc., Merck Sharp & Dohme Corp identifying Corporate Parent Merck & Co., Inc. for Merck Sharp & Dohme Corp.. (Brecht, Celeste) (jdt). [Transferred from California Southern on 8/12/2022.]
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Joint MOTION for Extension of Time to File Response/Reply to Complaint by Merck & Co., Inc., Merck Sharp & Dohme Corp. (Brecht, Celeste)Attorney Celeste Marie Brecht added to party Merck & Co., Inc.(pty:dft), Attorney Celeste Marie Brecht added to party Merck Sharp & Dohme Corp(pty:dft). Modified on 3/9/2021 to change event (jdt). [Transferred from California Southern on 8/12/2022.]
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| Thursday, January 21, 2021 | ||
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Summons Issued.
Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (smd) (sjt). [Transferred from California Southern on 8/12/2022.]
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COMPLAINT with Jury Demand against Merck & Co., Inc., Merck Sharp & Dohme Corp, ( Filing fee $ 402 receipt number ACASDC-15257498.), filed by Michael Colbath. The new case number is 3:21-cv-120-W-DEB. Judge Thomas J. Whelan and Magistrate Judge Daniel E. Butcher are assigned to the case. (Esfandiari, Bijan)(smd) (sjt). [Transferred from California Southern on 8/12/2022.]
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Att: 1
Civil Cover Sheet
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