New York Eastern District Court
Judge:Brian M Cogan
Referred: Peggy Kuo
Case #: 1:14-cv-02646
Nature of Suit365 Torts - Personal Injury - Product Liability
Cause28:1332 Diversity-Product Liability
Case Filed:Apr 28, 2014
Terminated:Jan 09, 2018
Last checked: Monday Dec 15, 2014 2:34 AM EST
Defendant
Merck & Co., Inc.
Represented By
Kaveri Banka Arora
Venable LLP
contact info
Charles F. Morrow
Butler Snow LLP
contact info
Matthew T. McLaughlin
Venable LLP
contact info
Defendant
Merck Sharp & Dohme Corp.
Represented By
Kaveri Banka Arora
Venable LLP
contact info
Charles F. Morrow
Butler Snow LLP
contact info
Matthew T. McLaughlin
Venable LLP
contact info
Plaintiff
Marc Seim
Represented By
David T. Sirotkin
Morelli Alters Ratner Law Firm
contact info
David S. Ratner
Morelli Alters Ratner P.C.
contact info


Docket last updated: 11 hours ago
Tuesday, January 09, 2018
38 38 8 pgs order Order Dismissing Case Tue 01/09 2:59 PM
ORDER DISMISSING CERTAIN CASES. ( Ordered by Judge Brian M. Cogan on 1/8/2018 ) (Guzzi, Roseann)
Related: [-]
Tuesday, August 29, 2017
order Order on Motion to Withdraw as Attorney Tue 08/29 6:46 PM
ORDER granting37 Motion to Withdraw as Attorney. Attorneys David S. Ratner and David T. Sirotkin terminated. Ordered by Magistrate Judge Peggy Kuo on 8/29/2017. (Feldman, Shira)
Related: [-]
Monday, August 07, 2017
37 37 motion Withdraw as Attorney 1 - Sealed Document - to be used ONLY in conjunction with other selection Mon 08/07 4:41 PM
MOTION to Withdraw as Attorney by Marc Seim. (Sirotkin, David)
Related: [-]
Att: 1 Affidavit,
Att: 2 Exhibit Exhibits 1-3,
Att: 3 Proposed Order,
Att: 4 Certificate of Service
Friday, July 01, 2016
36 36 misc Stipulation Fri 07/01 5:42 PM
STIPULATION Parties' Joint Proposed Agenda for July 6, 2016 Status Conference by Plaintiffs' Executive Committee Associated Cases: 1:12-md-02331-BMC-PK et al. (Becker, Timothy)
Related: [-]
Thursday, June 09, 2016
35 35 motion Appear Pro Hac Vice Thu 06/09 5:17 PM
MOTION for Leave to Appear Pro Hac Vice of Kathleen S. Hardway Filing fee $ 150, receipt number 0207-8672798. by Merck & Co., Inc., Merck Sharp & Dohme Corp.. Associated Cases: 1:12-md-02331-BMC-PK et al. (McLaughlin, Matthew)
Related: [-]
Att: 1 Affidavit in Support,
Att: 2 Certificate of Good Standing,
Att: 3 Certificate of Good Standing,
Att: 4 Proposed Order
Wednesday, June 08, 2016
34 34 motion Appear Pro Hac Vice Wed 06/08 5:51 PM
MOTION for Leave to Appear Pro Hac Vice of Stephen E. Marshall Filing fee $ 150, receipt number 0207-8669343. by Merck & Co., Inc., Merck Sharp & Dohme Corp.. Associated Cases: 1:12-md-02331-BMC-PK et al. (McLaughlin, Matthew)
Related: [-]
Att: 1 Affidavit in Support,
Att: 2 Certificate of Good Standing,
Att: 3 Proposed Order
33 33 motion Appear Pro Hac Vice Wed 06/08 5:12 PM
MOTION for Leave to Appear Pro Hac Vice of Jessica L. Grant Filing fee $ 150, receipt number 0207-8669164. by Merck & Co., Inc., Merck Sharp & Dohme Corp.. Associated Cases: 1:12-md-02331-BMC-PK et al. (McLaughlin, Matthew)
Related: [-]
Att: 1 Affidavit in Support,
Att: 2 Certificate of Good Standing,
Att: 3 Proposed Order
Monday, March 28, 2016
order Stipulation and Order Mon 03/28 5:04 PM
ORDER approving Second Amended Practice and Procedure Order No. 10, Exhibit 1 to the parties' status report 295 . Ordered by Magistrate Judge Peggy Kuo on 3/28/2016. Associated Cases: 1:12-md-02331-BMC-PK et al. (Feldman, Shira)
Related: [-]
Monday, March 14, 2016
order Order on Motion to Adjourn Conference ~Util - Set Scheduling Order Deadlines 1 - Terminate Hearings Status Report Order Mon 03/14 4:14 PM
ORDER granting (294) Motion to Adjourn Conference. The status conference scheduled for March 16, 2016 is rescheduled to April 27, 2016 at 2:30 p.m. In addition to the parties' proposed joint status report to be filed on or before March 16, 2016, Plaintiffs are directed to file a single status report by March 25, 2016 advising the Court of the proposed timeline for their commencing to propose bellwether cases. Ordered by Magistrate Judge Peggy Kuo on 3/14/2016. Associated Cases: 1:12-md-02331-BMC-PK et al. (Feldman, Shira)
Related: [-]
Friday, March 11, 2016
32 32 motion Appear Pro Hac Vice Fri 03/11 4:10 PM
MOTION for Leave to Appear Pro Hac Vice by Lisa C. Dykstra Filing fee $ 150, receipt number 0207-8448576. by Merck & Co., Inc., Merck Sharp & Dohme Corp.. Associated Cases: 1:12-md-02331-BMC-PK et al. (McLaughlin, Matthew)
Related: [-]
Att: 1 Affidavit of Lisa C. Dykstra in Support of Motion to Admit Counsel Pro Hac Vice,
Att: 2 Certificate of Good Standing New Jersey,
Att: 3 Certificate of Good Standing Pennsylvania,
Att: 4 Proposed Order
Monday, February 08, 2016
utility Case Assigned/Reassigned Mon 02/08 11:34 PM
Case Reassigned to Judge Brian M. Cogan. Judge John Gleeson no longer assigned to the case.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. (Marziliano, August)
Related: [-]
Thursday, February 04, 2016
31 31 misc JPMDL Conditional Transfer Order Thu 02/04 4:55 PM
JPMDL Order: Due to the retirement of the Honorable John Gleeson, the Eastern District of New York has notified the Panel of the need to reassign the actions in the above litigation to another judge in that district.IT IS THEREFORE ORDERED that, with the consent of that court, this litigation isreassigned to the Honorable Brian Cogan for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. § 1407. Associated Cases: 1:12-md-02331-JG-PK et al. (Marziliano, August)
Related: [-]
30 30 order Order(Other) Thu 02/04 12:47 PM
SUGGESTION OF CASE REASSIGNMENT : The Clerk of Court is directed to transmit a copy of this Suggestion of Case Reassignment to Thomasenia 0. Duncan, Panel Executive for the Judicial Panel on Multidistrict Litigation. Once the panel approves the reassignment, the Clerk of Court is directed to reassign the case(s). Copy emailed to Thomasenia O. Duncan on 2/4/2016. Ordered by Chief Judge Carol Bagley Amon on 2/3/2016. Associated Cases: 1:12-md-02331-JG-PK et al. (Marziliano, August)
Related: [-]
Tuesday, December 01, 2015
order Order on Motion for Leave to Appear Pro Hac Vice Tue 12/01 4:58 PM
ORDER granting (280) Motion for Leave to Appear Pro Hac Vice in case 1:12-md-02331-JG-PK. The Clerk of the Court is respectfully requested to add Mr. Scott as counsel for Merck & Co., Inc. and Merck Sharp & Dohme Corp. Ordered by Magistrate Judge Peggy Kuo on 12/1/2015. Associated Cases: 1:12-md-02331-JG-PK et al. (Feldman, Shira)
Related: [-]
Monday, November 30, 2015
29 29 trial Exhibit Mon 11/30 6:30 PM
EXHIBIT Certificate of Good Standing of Ben J. Scott by Merck & Co., Inc., Merck Sharp & Dohme Corp.. Related document: (280 in 1:12-md-02331-JG-PK) MOTION for Leave to Appear Pro Hac Vice of Ben J. Scott Filing fee $ 150, receipt number 0207-8203749. filed by Merck Sharp & Dohme Corp., Merck & Co., Inc., Merck Sharp & Dohme Corp.. Associated Cases: 1:12-md-02331-JG-PK et al. (McLaughlin, Matthew)
Related: [-]
28 28 motion Appear Pro Hac Vice Mon 11/30 5:45 PM
MOTION for Leave to Appear Pro Hac Vice of Ben J. Scott Filing fee $ 150, receipt number 0207-8203749. by Merck Sharp & Dohme Corp., Merck & Co., Inc., Merck Sharp & Dohme Corp.. Associated Cases: 1:12-md-02331-JG-PK et al. (McLaughlin, Matthew)
Related: [-]
Att: 1 Affidavit of Ben J. Scott in Support of Motion to Admit Counsel Pro Hac Vice,
Att: 2 Certificate of Good Standing,
Att: 3 Proposed Order
Friday, October 30, 2015
27 27 notice Notice of Hearing Fri 10/30 11:55 AM
NOTICE of Hearing: The Pretrial Conference originally scheduled before Magistrate Judge Viktor V. Pohorelsky has been rescheduled to 12/3/2015 02:00 PM in Courtroom 322 North before Magistrate Judge Peggy Kuo. The MDL and all pending member cases have now been reassigned to Magistrate Judger Peggy Kuo Associated Cases: 1:12-md-02331-JG-PK et al. (Marziliano, August)
Related: [-]
notice Notice(Other) Fri 10/30 2:17 PM
NOTICE of Hearing: The Pretrial Conference originally scheduled before Magistrate Judge Viktor V. Pohorelsky has been rescheduled to 12/3/2015 02:00 PM in Courtroom 322 North before Magistrate Judge Peggy Kuo. The MDL and all pending member cases have now been reassigned to Magistrate Judger Peggy Kuo Associated Cases: 1:12-md-02331-JG-PK et al. (Marziliano, August)
Related: [-]
Wednesday, October 28, 2015
utility Case Assigned/Reassigned Wed 10/28 2:39 PM
Case Reassigned to Magistrate Judge Peggy Kuo. Magistrate Judge Viktor V. Pohorelsky no longer assigned to the case.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. (Guzzi, Roseann)
Related: [-]
Wednesday, August 26, 2015
26 26 respm Response to Motion Wed 08/26 5:58 PM
RESPONSE to Motion re (249 in 1:12-md-02331-JG-VVP) Letter MOTION to Amend/Correct/Supplement Discovery Trial Plan Concerning DFS Production. filed by Plaintiffs' Executive Committee. Associated Cases: 1:12-md-02331-JG-VVP et al. (Ratner, David)
Related: [-]
Tuesday, May 26, 2015
25 25 motion Show Cause Tue 05/26 2:00 PM
MOTION for Order to Show Cause by Plaintiffs' Executive Committee. Associated Cases: 1:12-md-02331-JG-VVP et al. (Milstein, Alan)
Related: [-]
Att: 1 Proposed Order,
Att: 2 Affidavit of Alan C. Milstein,
Att: 3 Exhibit A - B,
Att: 4 Certificate of Service
Monday, May 04, 2015
order Order Referring Motion Mon 05/04 12:02 PM
ORDER REFERRING MOTION: (18 in 1:14-cv-03974-JG-VVP, 26 in 1:14-cv-02277-JG-VVP, 27 in 1:14-cv-02248-JG-VVP, 18 in 1:14-cv-03956-JG-VVP, 26 in 1:14-cv-03622-JG-VVP, 18 in 1:14-cv-03975-JG-VVP, 37 in 1:13-cv-05172-JG-VVP, 233 in 1:12-md-02331-JG-VVP, 87 in 1:12-cv-02047-JG-VVP, 26 in 1:14-cv-02272-JG-VVP, 24 in 1:14-cv-03791-JG-VVP, 26 in 1:14-cv-03086-JG-VVP, 22 in 1:14-cv-03588-JG-VVP, 27 in 1:14-cv-02246-JG-VVP, 26 in 1:14-cv-02232-JG-VVP, 18 in 1:14-cv-03957-JG-VVP, 26 in 1:14-cv-02677-JG-VVP) MOTION to Dismiss filed by Merck Sharp & Dohme Corp., Merck & Co., Inc. Defendants' motion to dismiss based on plaintiffs' failures to provide Merck with Plaintiff Profile Forms within the period required under PPO No. 5 is respectfully referred to Judge Pohorelsky. Ordered by Judge John Gleeson on 5/4/2015. Associated Cases: 1:12-md-02331-JG-VVP et al. (Levin, Sarah)
Related: [-]
Monday, January 12, 2015
24 24 notice Notice of Change of Address/Firm/Email Mon 01/12 4:52 PM
NOTICE of Change of Firm Name, Address and Email by David T. Sirotkin (Sirotkin, David)
Related: [-]
Friday, January 09, 2015
23 23 notice Notice of Change of Address/Firm/Email Fri 01/09 2:40 PM
NOTICE of Change of Firm Name, Address and Email by David S. Ratner (Ratner, David)
Related: [-]
Wednesday, November 05, 2014
22 22 STIPULATION Parties' Joint Proposed Agenda for November 12, 2014 Status Conference by Plaintiffs' Executive Committee Associated Cases: 1:12-md-02331-JG-VVP et al. (Miracle, Trent)
Related: [-]
Tuesday, October 28, 2014
21 21 Letter to Magistrate Judge Viktor V. Pohorelsky re: Proposed Practice and Procedure Order by Plaintiffs' Executive Committee Associated Cases: 1:12-md-02331-JG-VVP et al. (Becker, Timothy)
Related: [-]
Att: 1 Exhibit A
Wednesday, October 01, 2014
20 20 NOTICE of Appearance by Eric Hudson on behalf of Merck & Co., Inc., Merck Sharp & Dohme Corp. (aty to be noticed) Associated Cases: 1:12-md-02331-JG-VVP et al. (Hudson, Eric)
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Monday, September 29, 2014
19 19 NOTICE of Appearance by Michael Anthony Guerra on behalf of Merck & Co., Inc., Merck Sharp & Dohme Corp. (aty to be noticed) Associated Cases: 1:12-md-02331-JG-VVP et al. (Guerra, Michael)
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ORDER granting motions 190 in case 12md331 for Eric E. Hudson to appear pro hac vice. Counsel shall register with ECF and file a notice of appearance. Ordered by Magistrate Judge Viktor V. Pohorelsky on 9/29/2014.. Ordered by Magistrate Judge Viktor V. Pohorelsky on 9/29/2014. Associated Cases: 1:12-md-02331-JG-VVP et al. (Marziliano, August)
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Wednesday, September 24, 2014
18 18 MOTION for Leave to Appear Pro Hac Vice of Eric E. Hudson Filing fee $ 25, receipt number 0207-7221451. by Merck & Co., Inc., Merck Sharp & Dohme Corp.. Associated Cases: 1:12-md-02331-JG-VVP et al. (McLaughlin, Matthew)
Related: [-]
Att: 1 Affidavit in Support,
Att: 2 Certificate of Good Standing (Tennessee),
Att: 3 Proposed Order
Tuesday, August 26, 2014
16 16 PRACTICE AND PROCEDURE ORDER NO. 9 - Common Benefit Fund/Time and Expense Reimbursement.. Ordered by Magistrate Judge Viktor V. Pohorelsky on 8/22/2014. Associated Cases: 1:12-md-02331-JG-VVP et al. (Marziliano, August)
Related: [-]
Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C
Friday, August 22, 2014
15 15 Letter to Magistrate Judge Viktor V. Pohorelsky regarding Merck's Motion to Dismiss by Merck & Co., Inc., Merck Sharp & Dohme Corp. Associated Cases: 1:12-md-02331-JG-VVP et al. (Morrow, Charles)
Related: [-]
Att: 1 List of Non-Opposition Cases,
Att: 2 List of No Response Cases
Wednesday, August 20, 2014
17 17 Minute Order. for proceedings held before Magistrate Judge Viktor V. Pohorelsky: pltff's (177) Motion to Compel concerning documents on the dft's privilege log is denied without prejudice to renewal after the dfts have revised the log in accordance with their agreements with the plaintiffs. The renewed motion shall be made by October 15, 2014 and opposition is to be filed by October 29, 2014. The parties have an agreement in principle concerning a proposed discovery plan and will be submitting that for the court's review shortly. Discussion was held to clarify the status of the dft's motion to dismiss 173 claims by plaintiffs who have not submitted profile forms. The court will provide guidance concerning the disposition of the motions. The proposed Common Benefit Order submitted by the parties is now approved by the court and will be entered. ( Status Conference set for 11/12/2014 11:00 AM in Courtroom 13A South before Magistrate Judge Viktor V. Pohorelsky.) in case 1:12-md-02331-JG-VVP. (Court Reporter Michele Nardone.) Associated Cases: 1:12-md-02331-JG-VVP et al.(Piper, Francine)
Related: [-]
Tuesday, July 29, 2014
14 14 RESPONSE in Opposition re (177 in 1:12-md-02331-JG-VVP) First MOTION to Compel the production of documents contained in privilege logs filed by Merck & Co., Inc., Merck Sharp & Dohme Corp.. Associated Cases: 1:12-md-02331-JG-VVP et al. (Morrow, Charles)
Related: [-]
Att: 1 4.7.14 Letter,
Att: 2 4.23.14 Letter,
Att: 3 4.25.14 Letter,
Att: 4 5.19.14 Letter,
Att: 5 6.4.14 Letter,
Att: 6 9.12.11 Opinion,
Att: 7 1.11.07 Opinion
Monday, July 07, 2014
13 13 ANSWER to1 Complaint by Merck & Co., Inc., Merck Sharp & Dohme Corp.. (McLaughlin, Matthew)
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12 12 NOTICE of Appearance by Kaveri Banka Arora on behalf of Merck & Co., Inc., Merck Sharp & Dohme Corp. (aty to be noticed) (Arora, Kaveri)
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Wednesday, June 25, 2014
11 11 Minute Order for proceedings held before Magistrate Judge Viktor V. Pohorelsky:Discovery Hearing held on 6/25/2014 in case 1:12-md-02331-JG-VVP denying (162) Motion for Discovery, granting in part (164) Motion for Discovery, and deferring ruling on (163) & (165) Motions for Protective Order. The next status conference will be held on August 20, 2014 at 11:00 a.m. See attached conference calendar for further scheduling and rulings. (Court Reporter Anthony Mancuso.) Associated Cases: 1:12-md-02331-JG-VVP et al.(Toritto, Jim)
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ORDER REFERRING MOTION: The 173 motion to dismiss filed by Merck Sharp & Dohme Corp., and Merck & Co., Inc. is hereby respectfully referred to Magistrate Judge Viktor V. Pohorelsky for a Report and Recommendation. Ordered by Judge John Gleeson on 6/25/2014. Associated Cases: 1:12-md-02331-JG-VVP et al. (Herling, Adam)
Related: [-]
Monday, June 23, 2014
10 10 Letter to Magistrate Judge Viktor V. Pohorelsky re: Proposed Practice and Procedure Order by Plaintiffs' Executive Committee Associated Cases: 1:12-md-02331-JG-VVP et al. (Becker, Timothy)
Related: [-]
Att: 1 Exhibit A
9 9 STIPULATION Parties' Joint Proposed Agenda for June 24, 2014, Status Conference by Plaintiffs' Executive Committee Associated Cases: 1:12-md-02331-JG-VVP et al. (Becker, Timothy)
Related: [-]
ORDER granting (170) motion to for Theodore Laszlo to appear by telephone at the June 24, 2014 conference. Counsel shall call chambers (718-613-2400) at 9:55 a.m. to participate in the conference. Ordered by Magistrate Judge Viktor V. Pohorelsky on 6/23/2014. Associated Cases: 1:12-md-02331-JG-VVP et al. (Toritto, Jim)
Related: [-]
Wednesday, June 18, 2014
8 8 RESPONSE in Opposition re (165 in 1:12-md-02331-JG-VVP) MOTION for Protective Order regarding Ex Parte Contact with Treating Physicians filed by Merck & Co., Inc., Merck Sharp & Dohme Corp.. Associated Cases: 1:12-md-02331-JG-VVP et al. (Morrow, Charles)
Related: [-]
7 7 RESPONSE in Opposition re (164 in 1:12-md-02331-JG-VVP) MOTION for Discovery and Trial Plan filed by Merck & Co., Inc., Merck Sharp & Dohme Corp.. Associated Cases: 1:12-md-02331-JG-VVP et al. (Morrow, Charles)
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6 6 RESPONSE in Opposition re (163 in 1:12-md-02331-JG-VVP) MOTION for Protective Order to Prohibit or, Alternatively, to Regulate Ex Parte Contact with Treating Physicians filed by Plaintiffs' Executive Committee. Associated Cases: 1:12-md-02331-JG-VVP et al. (Becker, Timothy)
Related: [-]
Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C
5 5 RESPONSE in Opposition re (162 in 1:12-md-02331-JG-VVP) MOTION for Discovery Requesting Tutorial Proceeding filed by Plaintiffs' Executive Committee. Associated Cases: 1:12-md-02331-JG-VVP et al. (Becker, Timothy)
Related: [-]
Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D
Wednesday, June 11, 2014
4 4 Letter Motion to Prohibit or, Alternatively, to Regulate Ex Parte Contact with Treating Physicians by Merck & Co., Inc., Merck Sharp & Dohme Corp. Associated Cases: 1:12-md-02331-JG-VVP et al. (Morrow, Charles)
Related: [-]
Att: 1 Exhibit 10/29/09 Order,
Att: 2 Exhibit 3/20/2009 Order,
Att: 3 Exhibit 1/20/2010 Order,
Att: 4 Exhibit 8/9/2013 Order,
Att: 5 Exhibit 12/3/2013 Order
3 3 Letter Motion requesting Tutorial preceeding entry of Discovery and Trial Plan by Merck & Co., Inc., Merck Sharp & Dohme Corp. Associated Cases: 1:12-md-02331-JG-VVP et al. (Morrow, Charles)
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Att: 1 Exhibit Transfer Order
Wednesday, April 30, 2014
CIVIL CASE FILING FEE: $ 400, receipt number 0207-6892540 (Ratner, David)
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Tuesday, April 29, 2014
2 2 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: 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. (Davis, Kimberly)
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The case of Seim v. Merck & Co., Inc. et al , has been opened in the Eastern District of New York. The case number is 14-cv-2646 . PLEASE NOTE: You must pay the case filing fee within seven (7) days . Select the event (Civil Case Filing Fee) and pay online. (Davis, Kimberly)
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Monday, April 28, 2014
1 1 COMPLAINT against Merck & Co., Inc., Merck Sharp & Dohme Corp., filed by Marc Seim. (Davis, Kimberly)
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Att: 1 Civil Cover Sheet