Butler 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-00406 |
| Nature of Suit | 367 Torts - Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability |
| Cause | 28:1332 Diversity-Product Liability |
| Case Filed: | Aug 15, 2022 |
| Terminated: | Sep 13, 2022 |
| Case in other court: | Massachusetts, 3:22-cv-10006 |
| Last checked: Saturday Feb 11, 2023 10:42 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
Skylee Butler
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Represented By
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| Docket last updated: 01/21/2025 11:59 PM EST |
| Friday, January 06, 2023 | ||
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cmp
Amended Complaint
Fri 01/06 10:40 PM
AMENDED COMPLAINT with Jury Demand against Merck & Co, Inc., Merck Sharp & Dohme, filed by Skylee Butler.(Esfandiari, Bijan) |
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| Friday, October 14, 2022 | ||
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utility
Case Assigned/Reassigned
Fri 10/14 12:17 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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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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| Thursday, September 08, 2022 | ||
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notice
Notice of Appearance
Thu 09/08 8:52 AM
NOTICE of Appearance by Sally Wiest Bryan on behalf of Merck & Co, Inc., Merck Sharp & Dohme (Bryan, Sally) |
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| Thursday, August 18, 2022 | ||
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notice
Notice of Hearing
Thu 08/18 12:15 PM
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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| Tuesday, August 16, 2022 | ||
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order
Order
Tue 08/16 7:21 AM
FIRST PRETRIAL ORDER. Signed by District Judge Robert J. Conrad, Jr on 8/9/22. (rth) |
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| Monday, August 15, 2022 | ||
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transfer
Case Transferred In - District Transfer
Tue 08/16 6:57 AM
Case transferred in from District of Massachusetts; Case Number 3:22-cv-10006. Original electronic file and docket sheet received. |
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| 30 | 30 Case transferred to to the Western District of North Carolina pursuant to Transfer Order entered by the MDL Panel on 8/4/2022. Case file electronically extracted to the Clerk in that district. (Danieli, Chris) [Transferred from Massachusetts on 8/16/2022.] | |
| 29 | 29
Certified copy of MDL Transfer Order in MDL Case 3036 received from the Western District of North Carolina requesting transfer of case for consolidated pretrial proceedings (Danieli, Chris) [Transferred from Massachusetts on 8/16/2022.]
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utility
Case Assigned/Reassigned
Tue 08/16 7:05 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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| Friday, June 24, 2022 | ||
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SUR-REPLY to Motion re7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Skylee Butler. (Esfandiari, Bijan) [Transferred from Massachusetts on 8/16/2022.]
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| Friday, June 10, 2022 | ||
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REPLY to Response to7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Merck & Co., Inc.,, Merck Sharp & Dohme Corp..(Royal, Amy) [Transferred from Massachusetts on 8/16/2022.]
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Att: 1
Exhibit JJ,
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Att: 2
Exhibit KK
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| 26 | 26 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting23 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. The court also grants The court also grants Plaintiff leave to file, by June 24, 2022, a sur-reply brief not to exceed five pages. (Zamorski, Michael) Modified on 6/10/2022 (Zamorski, Michael). [Transferred from Massachusetts on 8/16/2022.] | |
| Thursday, June 09, 2022 | ||
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Opposition re23 MOTION for Leave to File Reply In Support of Merck's Motion to Dismiss filed by Skylee Butler. (Esfandiari, Bijan) [Transferred from Massachusetts on 8/16/2022.]
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| Thursday, May 26, 2022 | ||
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AMENDED DOCUMENT by Merck & Co., Inc.,, Merck Sharp & Dohme Corp.. Amendment to10 Corporate Disclosure Statement (Supplemental) . (Royal, Amy) [Transferred from Massachusetts on 8/16/2022.]
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MOTION for Leave to File Reply In Support of Merck's Motion to Dismiss by Merck & Co., Inc.,, Merck Sharp & Dohme Corp..(Royal, Amy) [Transferred from Massachusetts on 8/16/2022.]
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Att: 1
Exhibit Reply Motion,
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Att: 2
Exhibit Exhibit to Reply Motion,
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Att: 3
Exhibit Exhibit to Reply Motion
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| Thursday, May 19, 2022 | ||
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Opposition re7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Skylee Butler. (Esfandiari, Bijan) [Transferred from Massachusetts on 8/16/2022.]
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| 21 | 21
Request for Judicial Notice by Skylee Butler.(Esfandiari, Bijan) [Transferred from Massachusetts on 8/16/2022.]
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Att: 1
Exhibit 1 - Order Granting Plaintiff Madelyn Malloy's Motion to Stay in Malloy v. Merck & Co., Inc. (E.D. Tex. May 5, 2022),
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Att: 2
Exhibit 2 - Order Granting Plaintiff Julia Balasco's Motion to Stay in Balasco v. Merck & Co., Inc. (D.R.I May 12, 2022),
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Att: 3
Exhibit 3 - Merck's Answer to Complaint in Balasco v. Merck & Co., Inc. (D.R.I. May 6, 2021),
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Att: 4
Exhibit 4 - Merck's Answer to Complaint in Gramza v. Merck & Co., Inc. (D. Ariz Sept. 25, 2020),
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Att: 5
Exhibit 5 - Merck's Answer to Complaint in McElerney v. Merck & Co., Inc. (M.D. Fla. No. 19, 2021),
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Att: 6
Exhibit 6 - Merck's Answer to Complaint Muller v. Merck & Co., Inc. (N.D. Fla. Jan. 25, 2022),
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Att: 7
Exhibit 7 - Merck's Answer to Complaint in Silver v. Merck & Co., Inc. (M.D. Fla. Jan. 11, 2022),
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Att: 8
Exhibit 8 - Merck's Answer to Complaint in Walker v. Merck & Co., Inc. (W.D. Wisc. Dec. 28, 2020),
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Att: 9
Exhibit 9 - Merck's Answer to Complaint in Walker v. Merck & Co., Inc. (W.D. Wisc. Dec. 28, 2020),
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Att: 10
Exhibit 10 - Plaintiff's Second Amended Complaint in Herlth v. Merck & Co., Inc. (D. Conn. Apr. 14, 2022),
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Att: 11
Exhibit 11 - Order Granting Plaintiff Korrine Herlth's Motion to Reopen Her Case and Accepting Plaintiff's Second Amended Complaint for Filing in Herlth v. Merck & Co., Inc. (D. Conn. Apr. 15, 2022)
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Response by Skylee Butler to9 Request for Judicial Notice,,, . (Esfandiari, Bijan) [Transferred from Massachusetts on 8/16/2022.]
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| Thursday, May 12, 2022 | ||
| 19 | 19 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting18 Motion for Leave to Appear Pro Hac Vice Added Dino Sangiamo. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at [LINK:https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account] . (Figueroa, Tamara) [Transferred from Massachusetts on 8/16/2022.] | |
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MOTION for Leave to Appear Pro Hac Vice for admission of Dino Sangiamo Filing fee: $ 100, receipt number AMADC-9319066 by Merck & Co., Inc.,, Merck Sharp & Dohme Corp..(Royal, Amy) [Transferred from Massachusetts on 8/16/2022.]
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Att: 1
Affidavit of Dino Sangiamo
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| Monday, May 09, 2022 | ||
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NOTICE of Appearance by Bijan Esfandiari on behalf of Skylee Butler (Esfandiari, Bijan) [Transferred from Massachusetts on 8/16/2022.]
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| 16 | 16 Judge Mark G. Mastroianni: Electronic order entered denying11 Emergency Motion to Stay. Plaintiff shall file her opposition to Defendant's motion to dismiss by May 19, 2022. The court finds that Plaintiff has not demonstrated a "clear case of hardship or inequity in being required to" respond to Defendant's motion to dismiss while the MDL consolidation request is pending. Landis v. N. Am. Co., 299 U.S. 248, 255 (1936). However, in reviewing the merits of the motion dismiss, the court will consider whether to delay a ruling on the motion, pending the Judicial Panel on Multidistrict Litigation's ruling on the MDL consolidation request. (Zamorski, Michael) [Transferred from Massachusetts on 8/16/2022.] | |
| 15 | 15 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting14 Motion for Leave to Appear Pro Hac Vice Added Bijan Esfandiari. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at [LINK:https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account] . (Figueroa, Tamara) [Transferred from Massachusetts on 8/16/2022.] | |
| Thursday, May 05, 2022 | ||
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MOTION for Leave to Appear Pro Hac Vice for admission of Bijan Esfandiari Filing fee: $ 100, receipt number AMADC-9308905 by Skylee Butler.(Roddy, John) [Transferred from Massachusetts on 8/16/2022.]
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Att: 1
Affidavit of Bijan Esfandiari
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| 13 | 13
Opposition re11 Emergency MOTION to Stay Action Pending MDL Ruling in MDL No. 3036 In re: Gardasil Products Liability Litigation filed by Merck & Co., Inc.,, Merck Sharp & Dohme Corp.. (Royal, Amy) [Transferred from Massachusetts on 8/16/2022.]
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| Wednesday, May 04, 2022 | ||
| 12 | 12
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MEMORANDUM in Support re11 Emergency MOTION to Stay Action Pending MDL Ruling in MDL No. 3036 In re: Gardasil Products Liability Litigation filed by Skylee Butler. (Roddy, John) [Transferred from Massachusetts on 8/16/2022.]
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Emergency MOTION to Stay Action Pending MDL Ruling in MDL No. 3036 In re: Gardasil Products Liability Litigation by Skylee Butler.(Roddy, John) [Transferred from Massachusetts on 8/16/2022.]
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| Thursday, April 28, 2022 | ||
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CORPORATE DISCLOSURE STATEMENT by Merck & Co., Inc.,, Merck Sharp & Dohme Corp.. (Royal, Amy) [Transferred from Massachusetts on 8/16/2022.]
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Request for Judicial Notice in connection with Defendants' concurrently filed Motion to Dismiss by Merck & Co., Inc.,, Merck Sharp & Dohme Corp..(Royal, Amy) [Transferred from Massachusetts on 8/16/2022.]
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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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Att: 5
Exhibit E,
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Att: 6
Exhibit F,
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Att: 7
Exhibit G,
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Att: 8
Exhibit H,
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Att: 9
Exhibit I,
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Att: 10
Exhibit J,
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Att: 11
Exhibit K,
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Att: 12
Exhibit L,
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Att: 13
Exhibit M,
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Att: 14
Exhibit N,
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Att: 15
Exhibit O,
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Att: 16
Exhibit P,
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Att: 17
Exhibit Q,
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Att: 18
Exhibit R,
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Att: 19
Exhibit S,
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Att: 20
Exhibit T,
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Att: 21
Exhibit U,
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Att: 22
Exhibit V,
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Att: 23
Exhibit W,
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Att: 24
Exhibit X,
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Att: 25
Exhibit Y,
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Att: 26
Exhibit Z,
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Att: 27
Exhibit AA,
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Att: 28
Exhibit BB,
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Att: 29
Exhibit CC,
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Att: 30
Exhibit DD,
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Att: 31
Exhibit EE,
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Att: 32
Exhibit FF,
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Att: 33
Exhibit GG,
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Att: 34
Exhibit HH,
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Att: 35
Exhibit II
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MEMORANDUM in Support re7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Merck & Co., Inc.,, Merck Sharp & Dohme Corp.. (Royal, Amy) [Transferred from Massachusetts on 8/16/2022.]
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MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Merck & Co., Inc.,, Merck Sharp & Dohme Corp..(Royal, Amy) [Transferred from Massachusetts on 8/16/2022.]
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NOTICE of Appearance by Amy B. Royal on behalf of Merck & Co., Inc.,, Merck Sharp & Dohme Corp. (Royal, Amy) [Transferred from Massachusetts on 8/16/2022.]
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| Wednesday, January 05, 2022 | ||
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Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Figueroa, Tamara) [Transferred from Massachusetts on 8/16/2022.]
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| Tuesday, January 04, 2022 | ||
| 4 | 4 ELECTRONIC NOTICE of Case Assignment. Judge Mark G. Mastroianni assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Katherine A. Robertson. (Danieli, Chris) [Transferred from Massachusetts on 8/16/2022.] | |
| 3 | 3 Case transferred in from Eastern Division (Boston) on 1/4/2022 Case Number 1:22-cv-10006. (Danieli, Chris) [Transferred from Massachusetts on 8/16/2022.] | |
| 2 | 2 Case transferred to Western Division (Springfield) (Currie, Haley) [Transferred from Massachusetts on 8/16/2022.] | |
| Monday, January 03, 2022 | ||
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COMPLAINT against Merck Sharp & Dohme Corp., Merck & Co., Inc., Filing fee: $ 402, receipt number AMADC-9120222 (Fee Status: Filing Fee paid), filed by Skylee Butler.(Roddy, John) [Transferred from Massachusetts on 8/16/2022.]
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Att: 1
Civil Cover Sheet,
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Att: 2
Category Form
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