Wingerter et al 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-00402 |
| Nature of Suit | 367 Torts - Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability |
| Cause | 28:1332 Diversity-Product Liability |
| Case Filed: | Aug 12, 2022 |
| Terminated: | Sep 13, 2022 |
| Case in other court: | Georgia Northern, 1:22-cv-01178 |
| Last checked: Friday Feb 10, 2023 11:21 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
Ken Wingerter
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Represented By
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Plaintiff
Shaun Wingerter
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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 1:01 PM
AMENDED COMPLAINT (Second) with Jury Demand against Merck & Co, Inc., Merck Sharp & Dohme, filed by Shaun Wingerter, Ken Wingerter.(Turner, Tracy) |
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| Friday, October 14, 2022 | ||
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utility
Case Assigned/Reassigned
Fri 10/14 12:08 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 | ||
| 33 | 33
1
pgs
order
Order
Tue 09/13 8:00 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, September 09, 2022 | ||
| 32 | 32
notice
Notice of Appearance
Fri 09/09 9:09 AM
NOTICE of Appearance by Sally Wiest Bryan on behalf of Merck & Co, Inc., Merck Sharp & Dohme (Bryan, Sally) |
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| Monday, August 15, 2022 | ||
| 31 | 31
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pgs
order
Order
Mon 08/15 8:48 AM
FIRST PRETRIAL ORDER. Signed by District Judge Robert J. Conrad, Jr on 8/9/22. (rth) |
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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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| Friday, August 12, 2022 | ||
| 30 | 30
transfer
Case Transferred In - District Transfer
Mon 08/15 7:50 AM
Case transferred in from District of Georgia Northern; Case Number 1:22-cv-01178. Original electronic file and docket sheet received. |
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utility
Case Assigned/Reassigned
Mon 08/15 8:04 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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| Thursday, August 11, 2022 | ||
| 29 | 29
Certified Copy of TRANSFER ORDER from the Judicial Panel on Multidistrict Litigation transferring action to the Western District of North Carolina for inclusion in MDL 3036. (adg) [Transferred from Georgia Northern on 8/15/2022.]
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| Case electronically transferred to USDC Western District of North Carolina (adg) [Transferred from Georgia Northern on 8/15/2022.] | ||
| Civil Case Terminated. (adg) [Transferred from Georgia Northern on 8/15/2022.] | ||
| Tuesday, August 02, 2022 | ||
| 28 | 28
ORDER granting27 Unopposed MOTION for Extension of Time Respond to Defendants'26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the First Amended Complaint . The deadline for Plaintiffs to respond to Defendants' Motion to Dismiss is extended by ten days, to August 15, 2022. Signed by Judge Sarah E. Geraghty on 8/02/2022. (rsg) [Transferred from Georgia Northern on 8/15/2022.]
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| Monday, August 01, 2022 | ||
| 27 | 27
Unopposed MOTION for Extension of Time Respond to Defendants' Motion to Dismiss re:26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the First Amended Complaint by Ken Wingerter, Shaun Wingerter.(Coffin, Christopher) [Transferred from Georgia Northern on 8/15/2022.]
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Att: 1
Text of Proposed Order
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| Thursday, July 28, 2022 | ||
| MINUTE ORDER: Defendants previously filed a11 Motion to Dismiss addressed to Plaintiffs' original1 Complaint. The original Complaint has now been superseded by Plaintiffs'22 Amended Complaint, and Defendants have accordingly filed a new26 Motion to Dismiss directed at the Amended Complaint. The first11 Motion to Dismiss is therefore DENIED AS MOOT. Signed by Judge Sarah E. Geraghty on 7/28/2022. (sap) [Transferred from Georgia Northern on 8/15/2022.] | ||
| Wednesday, July 27, 2022 | ||
| Submission of11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to District Judge Sarah E. Geraghty. (Amended Complaint filed at doc.22 )(sap) [Transferred from Georgia Northern on 8/15/2022.] | ||
| Friday, July 22, 2022 | ||
| 26 | 26
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the First Amended Complaint with Brief In Support by Merck & Co., Inc., Merck Sharp & Dohme Corp..(Woodhouse, Samuel) [Transferred from Georgia Northern on 8/15/2022.]
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Att: 1
Brief in Support of Motion to Dismiss,
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Att: 2
Exhibit 1,
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Att: 3
Exhibit 2,
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Att: 4
Exhibit 3,
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Att: 5
Exhibit 4,
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Att: 6
Exhibit 5,
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Att: 7
Exhibit 6,
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Att: 8
Exhibit 7,
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Att: 9
Exhibit 8,
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Att: 10
Exhibit 9,
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Att: 11
Exhibit 10,
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Att: 12
Exhibit 11,
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Att: 13
Exhibit 12,
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Att: 14
Exhibit 13,
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Att: 15
Exhibit 14,
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Att: 16
Exhibit 15,
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Att: 17
Exhibit 16,
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Att: 18
Exhibit 17,
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Att: 19
Exhibit 18,
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Att: 20
Exhibit 19,
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Att: 21
Exhibit 20
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| Tuesday, July 12, 2022 | ||
| 25 | 25
ORDER granting19 Application for Admission of Christian A Coward Pro Hac Vice. Signed by Judge Sarah E. Geraghty on 07/12/2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rsg) [Transferred from Georgia Northern on 8/15/2022.]
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| 24 | 24
ORDER granting17 Application for Admission of Dino Sangiamo Pro Hac Vice. Signed by Judge Sarah E. Geraghty on 07/12/2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rsg) [Transferred from Georgia Northern on 8/15/2022.]
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| Clerk's Certificate of Mailing as to Dino Sangiamo re24 Order on Application for Admission PHV. (rsg) [Transferred from Georgia Northern on 8/15/2022.] | ||
| Clerk's Certificate of Mailing as to Christian A Coward re25 Order on Application for Admission PHV. (rsg) [Transferred from Georgia Northern on 8/15/2022.] | ||
| Monday, July 11, 2022 | ||
| APPROVAL by Clerks Office re:17 APPLICATION for Admission of Dino Sangiamo Pro Hac Vice.. Attorney Dino S. Sangiamo added appearing on behalf of Merck & Co., Inc., Merck Sharp & Dohme Corp. (gas)[Transferred from Georgia Northern on 8/15/2022.] | ||
| APPROVAL by Clerks Office re:19 APPLICATION for Admission of Christian A Coward Pro Hac Vice.. Attorney Christian A. Coward added appearing on behalf of Merck & Co., Inc., Merck Sharp & Dohme Corp. (gas)[Transferred from Georgia Northern on 8/15/2022.] | ||
| Friday, July 08, 2022 | ||
| 23 | 23
ORDER granting20 Motion for Extension of Time re11 Amended Motion to Dismiss. Plaintiffs will have up to and including July 22, 2022, to file their response to Defendants' Amended Motion to Dismiss. Signed by Judge Sarah E. Geraghty on 07/07/2022. (rsg) [Transferred from Georgia Northern on 8/15/2022.]
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AMENDED COMPLAINT against Merck & Co., Inc., Merck Sharp & Dohme Corp.with Jury Demand filed by Shaun Wingerter, Ken Wingerter.(Coffin, Christopher) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. [Transferred from Georgia Northern on 8/15/2022.]
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| Thursday, July 07, 2022 | ||
| 21 | 21
ORDER granting18 Application for Admission of David S Gray Pro Hac Vice. Signed by Judge Sarah E. Geraghty on 07/07/2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rsg) [Transferred from Georgia Northern on 8/15/2022.]
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| APPROVAL by Clerks Office re:18 APPLICATION for Admission of David S Gray Pro Hac Vice. Attorney David Scott Gray added appearing on behalf of Merck & Co., Inc., Merck Sharp & Dohme Corp. (cdg) [Transferred from Georgia Northern on 8/15/2022.] | ||
| Clerk's Certificate of Mailing as to David S Gray re21 Order on Application for Admission PHV. (rsg) [Transferred from Georgia Northern on 8/15/2022.] | ||
| Wednesday, July 06, 2022 | ||
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Unopposed MOTION for Extension of Time re:11 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Ken Wingerter, Shaun Wingerter.(Coffin, Christopher) [Transferred from Georgia Northern on 8/15/2022.]
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Att: 1
Text of Proposed Order Proposed Order
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| 19 | 19
APPLICATION for Admission of Christian A Coward Pro Hac Vice. with Brief In Support by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Woodhouse, Samuel) Documents for this entry are not available for viewing outside the courthouse. [Transferred from Georgia Northern on 8/15/2022.]
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| 18 | 18
APPLICATION for Admission of David S Gray Pro Hac Vice. with Brief In Support by Merck & Co., Inc., Merck Sharp & Dohme Corp..(Woodhouse, Samuel) Documents for this entry are not available for viewing outside the courthouse. [Transferred from Georgia Northern on 8/15/2022.]
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Att: 1
Exhibit Listing of Court Admission Dates for DS Gray
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| 17 | 17
APPLICATION for Admission of Dino Sangiamo Pro Hac Vice. with Brief In Support by Merck & Co., Inc., Merck Sharp & Dohme Corp..(Woodhouse, Samuel) Documents for this entry are not available for viewing outside the courthouse. [Transferred from Georgia Northern on 8/15/2022.]
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Att: 1
Exhibit Listing of Court Admission Dates for Dino Sangiamo
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| RETURN of14 APPLICATION for Admission of Dino Sangiamo Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11901868). to attorney for correction re: Appearing on behalf of needs to be on front of application. (cdg) [Transferred from Georgia Northern on 8/15/2022.] | ||
| RETURN of15 APPLICATION for Admission of David S Gray Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11901869). to attorney for correction re: Appearing on behalf of needs to be on front of application. (cdg) [Transferred from Georgia Northern on 8/15/2022.] | ||
| RETURN of16 APPLICATION for Admission of Christian A Coward Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11901870). to attorney for correction re: Appearing on behalf of needs to be on front of application. (cdg) [Transferred from Georgia Northern on 8/15/2022.] | ||
| Thursday, June 30, 2022 | ||
| 16 | 16
APPLICATION for Admission of Christian A Coward Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11901870). with Brief In Support by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Woodhouse, Samuel) Documents for this entry are not available for viewing outside the courthouse. [Transferred from Georgia Northern on 8/15/2022.]
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| 15 | 15
APPLICATION for Admission of David S Gray Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11901869). with Brief In Support by Merck & Co., Inc., Merck Sharp & Dohme Corp..(Woodhouse, Samuel) Documents for this entry are not available for viewing outside the courthouse. [Transferred from Georgia Northern on 8/15/2022.]
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Att: 1
Exhibit Listing of Court Admission Dates for DS Gray
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| 14 | 14
APPLICATION for Admission of Dino Sangiamo Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11901868). with Brief In Support by Merck & Co., Inc., Merck Sharp & Dohme Corp..(Woodhouse, Samuel) Documents for this entry are not available for viewing outside the courthouse. [Transferred from Georgia Northern on 8/15/2022.]
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Att: 1
Exhibit Listing of Court Admission Dates for Dino Sangiamo
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| Tuesday, June 28, 2022 | ||
| 13 | 13
ORDER GRANTING the Plaintiffs'6 Motion to Withdraw Jessica Perez Reynolds as counsel for Plaintiffs in this action. Signed by Judge Sarah E. Geraghty on 6/28/2022. (sap) [Transferred from Georgia Northern on 8/15/2022.]
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| Monday, June 27, 2022 | ||
| Notification of Docket Correction re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and 10 Certificate of Interested Persons. Documents filed in error/incorrect case (rlh) [Transferred from Georgia Northern on 8/15/2022.] | ||
| Friday, June 24, 2022 | ||
| 12 | 12
Amended Certificate of Interested Persons and Corporate Disclosure Statement by Merck & Co., Inc., Merck Sharp & Dohme Corp. identifying Corporate Parent Merck & Co., Inc. for Merck Sharp & Dohme Corp.. (Woodhouse, Samuel) [Transferred from Georgia Northern on 8/15/2022.]
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| 11 | 11
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Merck & Co., Inc., Merck Sharp & Dohme Corp..(Woodhouse, Samuel) Modified on 7/27/2022 (sap). [Transferred from Georgia Northern on 8/15/2022.]
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Att: 1
Brief in Support of Motion to Dismiss,
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Att: 2
Exhibit 1,
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Att: 3
Exhibit 2,
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Att: 4
Exhibit 3,
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Att: 5
Exhibit 4,
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Att: 6
Exhibit 5,
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Att: 7
Exhibit 6,
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Att: 8
Exhibit 7,
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Att: 9
Exhibit 8,
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Att: 10
Exhibit 9,
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Att: 11
Exhibit 10,
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Att: 12
Exhibit 11,
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Att: 13
Exhibit 12,
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Att: 14
Exhibit 13,
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Att: 15
Exhibit 14,
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Att: 16
Exhibit 15,
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Att: 17
Exhibit 16,
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Att: 18
Exhibit 17,
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Att: 19
Exhibit 18,
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Att: 20
Exhibit 19,
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Att: 21
Exhibit 20
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| Tuesday, May 24, 2022 | ||
| 8 | 8
WAIVER OF SERVICE Returned Executed by Shaun Wingerter, Ken Wingerter. Merck & Co., Inc. waiver mailed on 4/25/2022, answer due 6/24/2022; Merck Sharp & Dohme Corp. waiver mailed on 4/25/2022, answer due 6/24/2022.(Coffin, Christopher) [Transferred from Georgia Northern on 8/15/2022.]
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Att: 1
Signed Waiver of Service
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| Friday, May 06, 2022 | ||
| Submission of6 Motion to Withdraw Jessica Perez Reynolds as Attorney to District Judge Sarah E. Geraghty. (acm) [Transferred from Georgia Northern on 8/15/2022.] | ||
| Wednesday, May 04, 2022 | ||
| 7 | 7
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge Sarah E. Geraghty on 5/4/2022. (sap) [Transferred from Georgia Northern on 8/15/2022.]
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| Monday, April 18, 2022 | ||
| Case Reassigned to Judge Sarah E. Geraghty. Judge Eleanor L. Ross no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:22-cv-01178-SEG. Please make note of this change in order to facilitate the docketing of pleadings in this case. (tcc) [Transferred from Georgia Northern on 8/15/2022.] | ||
| Wednesday, April 13, 2022 | ||
| 6 | 6
MOTION to Withdraw Jessica Perez Reynolds as Attorneyby Ken Wingerter, Shaun Wingerter.(Coffin, Christopher) Modified on 4/13/2022 to correct attorney (adg). [Transferred from Georgia Northern on 8/15/2022.]
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Att: 1
Text of Proposed Order
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| Notification of Docket Correction re6 MOTION to Withdraw Jessica Perez Reynolds as Attorney. Modified on 4/13/2022 to correct attorney. (adg) [Transferred from Georgia Northern on 8/15/2022.] | ||
| Monday, April 04, 2022 | ||
| 5 | 5
Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Jessica Perez Reynolds. Clerk to follow-up by 4/14/2022. (cdg) [Transferred from Georgia Northern on 8/15/2022.]
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| Friday, March 25, 2022 | ||
| 4 | 4
NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb) [Transferred from Georgia Northern on 8/15/2022.]
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| Clerk's Certificate of Mailing to Attorney Tracy Turner as to Ken Wingerter and Shaun Wingerter regarding4 Order. (mlb) [Transferred from Georgia Northern on 8/15/2022.] | ||
| Thursday, March 24, 2022 | ||
| 3 | 3
Electronic Summons Issued as to Merck Sharp & Dohme Corp.. (eop) [Transferred from Georgia Northern on 8/15/2022.]
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| 2 | 2
Electronic Summons Issued as to Merck & Co., Inc.. (eop) [Transferred from Georgia Northern on 8/15/2022.]
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| 1 | 1
COMPLAINT with Jury Demand filed by Shaun Wingerter and Ken Wingerter. (Filing fee $402.00, receipt number AGANDC-11681887)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. [Transferred from Georgia Northern on 8/15/2022.]
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Att: 1
Civil Cover Sheet
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