DiGiovanni et al v. Merck & Co., Inc. et al
| Pennsylvania Eastern District Court | |
| Judge: | Harvey Bartle, III |
| Case #: | 2:18-cv-20101 |
| Nature of Suit | 365 Torts - Personal Injury - Product Liability |
| Cause | 28:1441 Notice of Removal |
| Case Filed: | Sep 12, 2018 |
| Last checked: Monday Mar 11, 2019 5:00 AM EDT |
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Defendant
MCKESSON CORP.
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Represented By
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Defendant
MERCK & CO., INC.
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Represented By
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Defendant
MERCK SHARP & DOHME CORP.
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Represented By
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Plaintiff
Vito DiGiovanni
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Represented By
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| TERMINATED PARTIES | |
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Plaintiff
Gloria Eaton
Terminated: 11/02/2018
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Represented By
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Plaintiff
Christine Jenkins
Terminated: 11/02/2018
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Represented By
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Plaintiff
Nancy Perry
Terminated: 11/02/2018
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Represented By
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Plaintiff
Sondra Reiss
Terminated: 11/02/2018
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Represented By
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Plaintiff
Fatema Tahan
Terminated: 11/02/2018
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Represented By
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Plaintiff
Valentina Falco
Terminated: 11/02/2018
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Represented By
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| Docket last updated: 04/24/2024 11:59 PM EDT |
| Monday, March 25, 2019 | ||
| 28 | 28
misc
Stipulation of Dismissal
Mon 03/25 3:58 PM
STIPULATION of Dismissal by MERCK & CO., INC., MERCK SHARP & DOHME CORP.. (SANGIAMO, DINO) |
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| Friday, March 08, 2019 | ||
| 27 | 27
cmp
Amended Complaint
Mon 03/11 10:03 AM
SECOND AMENDED COMPLAINT against MCKESSON CORP., MERCK & CO., INC., MERCK SHARP & DOHME CORP., filed by Vito DiGiovanni.(kp, ) |
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| Thursday, March 07, 2019 | ||
| 26 | 26
order
Pretrial Order
Fri 03/08 11:09 AM
PRETRIAL ORDER NO. 120 THAT A MOTION HEARING WILL BE HELD 3/14/2019 AT 10:30AM IN COURTROOM 16A BEFORE HONORABLE HARVEY BARTLE, III FOR PLAINTIFFS TO SHOW CAUSE WHY THE ABOVE ACTIONS SHOULD NOT BE DISMISSED FOR FAILURE TO COMPLY WITH PRETRIAL ORDER NO. 46. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/7/2019. 3/8/2019 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (SEE DOCKET NO. 209 IN 18-MD-2848)(kp, ) |
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| Monday, February 25, 2019 | ||
| 25 | 25
4
pgs
order
Order on Motion to Dismiss Order on Motion to Dismiss for Failure to State a Claim
Mon 02/25 4:08 PM
PRETRIAL ORDER NO. 112 THAT THE MOTION OF MCKESSON CORP. TO DISMISS THE FIRST AMENDED COMPLAINT OF PLAINTIFF IS GRANTED WITH PREJUDICE WITH RESPECTS TO COUNTS VI, VII, AND VIII. THE MOTION OF DEFENDANTS MERCK & CO. INC. AND MERCK SHARP & DOHME CORP TO DISMISS FRAUD COUNTS VI, VII, AND VIII IS GRANTED WITH PREJUDICE. THE MOTION OF DEFENDANT MCKESSON CORP. TO DISMISS THE FIRST AMENDED COMPLAINT IS GRANTED WITHOUT PREJUDICE WITH RESPECT TO THE REMAINING COUNTS. THE REMAINING COUNTS ARE ALSO DISMISSED AS TO DEFENDANTS MERCK & CO. INC. AND MERCK SHARP & DOHME CORP WITHOUT PREJUDICE. PLAINTIFFS MAY FILE AN AMENDED COMPLAINT WITHIN RESPECT TO THE REMAINING COUNTS WITHIN 15 DAYS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE HARVEY BARTLE, III ON 2/25/2019. 2/25/2019 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (SEE DOCKET NO. 194 IN 18-MD-2848) (kp, ) |
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| Thursday, January 10, 2019 | ||
| 24 | 24
order
Pretrial Order
Thu 01/10 1:03 PM
PRETRIAL ORDER NO. 55 THAT OMNIBUS MOTION OF DEFENDANT MERCK & CO., INC. AND MERCK SHARP & DOHME CORP TO DISMISS PLAINTIFF'S CLAIMS FOR LOSS OF CONSORTIUM IN COUNT X OF THE AMENDED COMPLAINTS IN THE ABOVE ACTIONS IS GRANTED AS UNOPPOSED.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 1/10/2019. 1/10/2019 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (SEE DOCKET NO. 112 IN 18-MD-2848)(kp, ) |
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| Thursday, January 03, 2019 | ||
| 23 | 23
respm
Response in Support of Motion
Thu 01/03 11:07 AM
RESPONSE in Support re18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Misrepresentation Claims) filed by MERCK & CO., INC., MERCK SHARP & DOHME CORP..(SANGIAMO, DINO) |
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Att: 1
Exhibit 1
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| Friday, December 28, 2018 | ||
| 22 | 22
respm
Reply to Response to Motion
Fri 12/28 3:13 PM
REPLY to Response to Motion re17 MOTION to Dismiss - First Omnibus Motion to Dismiss filed by MCKESSON CORP.. (Kurland, Thomas) |
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| Monday, December 24, 2018 | ||
| 21 | 21
respm
Response in Opposition to Motion
Mon 12/24 2:54 PM
RESPONSE in Opposition re18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Misrepresentation Claims) filed by Vito DiGiovanni. (HUMPHREY, DEBRA) |
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| Friday, December 21, 2018 | ||
| 20 | 20
respm
Response in Opposition to Motion
Fri 12/21 1:58 PM
RESPONSE in Opposition re17 MOTION to Dismiss - First Omnibus Motion to Dismiss filed by Vito DiGiovanni. (HUMPHREY, DEBRA) |
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| Monday, December 03, 2018 | ||
| 19 | 19
motion
Dismiss for Failure to State a Claim
Mon 12/03 6:56 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Loss of Consortium) filed by MERCK & CO., INC., MERCK SHARP & DOHME CORP..Memorandum and Certificate of Service.(SANGIAMO, DINO) |
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Att: 1
Text of Proposed Order
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| 18 | 18
motion
Dismiss for Failure to State a Claim
Mon 12/03 6:55 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Misrepresentation Claims) filed by MERCK & CO., INC., MERCK SHARP & DOHME CORP..Memorandum and Certificate of Service.(SANGIAMO, DINO) |
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Att: 1
Exhibit 1,
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Att: 2
Text of Proposed Order
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| 17 | 17
motion
Dismiss
Mon 12/03 5:01 PM
MOTION to Dismiss - First Omnibus Motion to Dismiss filed by MCKESSON CORP...(Kurland, Thomas) |
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Att: 1
Memorandum,
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Att: 2
Exhibit A
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| Friday, November 09, 2018 | ||
| 15 | 15
notice
Notice of Appearance
Fri 11/09 3:30 PM
NOTICE of Appearance by DINO S. SANGIAMO on behalf of MERCK & CO., INC., MERCK SHARP & DOHME CORP. with Certificate of Service(SANGIAMO, DINO) |
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| Friday, November 02, 2018 | ||
| 16 | 16
cmp
Amended Complaint
Mon 11/19 11:53 AM
FIRST AMENDED COMPLAINT against MCKESSON CORP., MERCK & CO., INC., MERCK SHARP & DOHME CORP., filed by Vito DiGiovanni. (ems) |
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| Tuesday, October 30, 2018 | ||
| 14 | 14
notice
Notice of Appearance
Tue 10/30 12:19 PM
NOTICE of Appearance by DEBRA J. HUMPHREY on behalf of Vito DiGiovanni (HUMPHREY, DEBRA) |
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| Monday, September 17, 2018 | ||
| 13 | 13
order
Pretrial Order
Mon 09/17 11:57 AM
PRETRIAL ORDER NO. 1 THAT ALL PROCEEDINGS ARE STAYED UNTIL FURTHER ORDER OF THE COURT. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/13/2018. 9/17/2018 ENTERED AND COPIES MAILED AND E-MAILED. (SEE PAPER # 3 IN 18-MD-2848) (ems) |
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| Wednesday, September 12, 2018 | ||
| 12 | 12
transfer
Case Transferred In - District Transfer
Wed 09/12 1:53 PM
Case transferred in from District of New York Eastern; Case Number 2:18-cv-04720. Original file certified copy of transfer order and docket sheet received. |
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| 11 | 11
misc
Remark
Wed 09/12 10:08 AM
Certified JPMDL Conditional Transfer Order (CTO 4): Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. § 1407 to the Eastern District of Pennsylvania for the reasons stated in the order of August 2, 2018, and, with the consent of that court, assigned to the Honorable Harvey Bartle, III. (Florio, Lisa) [Transferred from New York Eastern on 9/12/2018.] |
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| 10 | 10
misc
Remark
Wed 09/12 8:59 AM
JPMDL Conditional Transfer Order (CTO 4): Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. § 1407 to the Eastern District of Pennsylvania for the reasons stated in the order of August 2, 2018, and, with the consent of that court, assigned to the Honorable Harvey Bartle, III. This order does not become effective until it is filed in the Office of the Clerk of the United States District Court for the Eastern District of Pennsylvania. (Florio, Lisa) [Transferred from New York Eastern on 9/12/2018.] |
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| Case transferred to District of Eastern District of Pennsylvania. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Florio, Lisa) [Transferred from New York Eastern on 9/12/2018.] | ||
| Tuesday, August 28, 2018 | ||
| 9 | 9
Letter MOTION for Extension of Time to File Response/Reply to the Complaint , Letter MOTION to Stay by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (McLaughlin, Matthew) [Transferred from New York Eastern on 9/12/2018.]
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| 8 | 8
Letter MOTION to Stay by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (McLaughlin, Matthew) [Transferred from New York Eastern on 9/12/2018.]
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| 7 | 7
NOTICE of Appearance by Adam Gordon Possidente on behalf of Merck & Co., Inc., Merck Sharp & Dohme Corp. (aty to be noticed) (Possidente, Adam) [Transferred from New York Eastern on 9/12/2018.]
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| 6 | 6
NOTICE of Appearance by Eric Basil Lapre on behalf of McKesson Corp. (aty to be noticed) (Lapre, Eric) [Transferred from New York Eastern on 9/12/2018.]
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NOTICE of Appearance by Thomas Philip Kurland on behalf of McKesson Corp. (aty to be noticed) (Kurland, Thomas) [Transferred from New York Eastern on 9/12/2018.]
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| ORDER granting8 ,9 Motion to Stay. In light of Defendants' motion to transfer and consolidate pursuant to 28 U.S.C. Section 1407 before the Joint Panel on Multidistrict Litigation ("JPMDL"), and upon a finding that good cause exists, the Court grants the request for a stay in this case pending the JPMDL's decision on the transfer motion. Accordingly, all proceedings and deadlines in this matter are stayed until the earlier of (1) a decision by the JPMDL, or (2) 10/30/18. To the extent either party seeks a further extension of this stay, such an application may be made by letter motion, not to exceed three (3) pages, and shall be submitted prior to the expiration of the term of this stay as set forth above. A control date conference is set for 11/8/18 at 11:15 AM in courtroom 1010 of the Central Islip courthouse. c/ECF Ordered by Judge Sandra J. Feuerstein on 8/28/2018. (Disbrow, Sandra) [Transferred from New York Eastern on 9/12/2018.] | ||
| Tuesday, August 21, 2018 | ||
| 4 | 4
Notice of Related Case indicated on the civil cover sheet in case number 18cv4720 (Rodin, Deanna) [Transferred from New York Eastern on 9/12/2018.]
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| 3 | 3
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Rodin, Deanna) [Transferred from New York Eastern on 9/12/2018.]
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This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) [Transferred from New York Eastern on 9/12/2018.]
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| 1 | 1
NOTICE OF REMOVAL by Merck & Co., Inc., Merck Sharp & Dohme Corp. from Kings County Supreme Court, case number 513718/2018. (Filing fee $400 receipt number 0207-10672031) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (McLaughlin, Matthew) Modified on 8/21/2018 (Rodin, Deanna). [Transferred from New York Eastern on 9/12/2018.]
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Att: 1
Civil Cover Sheet,
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Att: 2
Declaration of Matthew T. McLaughlin,
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Att: 3
Exhibit 1,
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Att: 4
Exhibit 2,
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Att: 5
Exhibit 3,
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Att: 6
Exhibit 4,
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Att: 7
Exhibit 5,
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Att: 8
Exhibit 6,
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Att: 9
Exhibit 7
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| Case Assigned to Judge Sandra J. Feuerstein and Magistrate Judge A. Kathleen Tomlinson. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Rodin, Deanna) [Transferred from New York Eastern on 9/12/2018.] | ||