Brendaz Ta v. Merck and Co., Inc.

C.D. California

Brendaz Ta v. Merck and Co., Inc.

DecidedMarch 6, 2023

Docket8:22-cv-00825

StatusUnknown

This text of Brendaz Ta v. Merck and Co., Inc. (Brendaz Ta v. Merck and Co., Inc.) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Brendaz Ta v. Merck and Co., Inc., (C.D. Cal. 2023).

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Opinion

Case 8:22-cv-00825-DMG-MAA Document 57 Filed 03/06/23 Page 1 of 1 Page ID #:1440

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES—GENERAL

Case No. SA CV 22-825-DMG (MAAx) Date March 6, 2023

Title Brendaz Ta, et al. v. Merck and Co., Inc., et al. Page 1 of 1

Present: The Honorable DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

KANE TIEN NOT REPORTED Deputy Clerk Court Reporter

Attorneys Present for Plaintiff(s) Attorneys Present for Defendant(s) None Present None Present

Proceedings: IN CHAMBERS—ORDER TO SHOW CAUSE WHY THE COURT SHOULD NOT SEVER PLAINTIFFS’ CLAIMS

On February 13, 2023, the Court issued an Order granting Defendants’ Motion to Sever in the Related Case Haddad, et al. v. Merck and Co., Inc., et al., No. CV 22-2151-DMG (MAAx) (“Haddad”). [Doc. # 63.] Originally, Defendants had filed a similar motion in this case, but the Court denied it without prejudice as moot after Plaintiffs filed a First Amended Complaint. [Doc. # 35.]

Given that the Court may, on its own motion “sever any claim against a party,” Plaintiffs are hereby ORDERED TO SHOW CAUSE why the Court should not sever this action into two suits on behalf of Ta and Dockery separately, as it did in Haddad. See Fed. R. Civ. P. 21; see also Herklotz v. Parkinson, 848 F.3d 894, 898 (9th Cir. 2017); Gaffney v. Riverboat Servs. of Indiana, Inc., 451 F.3d 424, 442 (7th Cir. 2006) (“a district court may sever claims under Rule 21, creating two separate proceedings, so long as the two claims are ‘discrete and separate.’”).

Plaintiffs shall respond to the OSC no later than March 20, 2023. Defendants shall file a response, if any, by March 27, 2023. Neither of these filings shall exceed 5 pages. Thereafter, the matter will stand submitted.

IT IS SO ORDERED. CV-90 CIVIL MINUTES—GENERAL Initials of Deputy Clerk KT

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Case 8:22-cv-00825-DMG-MAA Document 57 Filed 03/06/23 Page 1 of 1 Page ID #:1440

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES—GENERAL

Case No. SA CV 22-825-DMG (MAAx) Date March 6, 2023

Title Brendaz Ta, et al. v. Merck and Co., Inc., et al. Page 1 of 1

Present: The Honorable DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

KANE TIEN NOT REPORTED Deputy Clerk Court Reporter

Attorneys Present for Plaintiff(s) Attorneys Present for Defendant(s) None Present None Present

Proceedings: IN CHAMBERS—ORDER TO SHOW CAUSE WHY THE COURT SHOULD NOT SEVER PLAINTIFFS’ CLAIMS

On February 13, 2023, the Court issued an Order granting Defendants’ Motion to Sever in the Related Case Haddad, et al. v. Merck and Co., Inc., et al., No. CV 22-2151-DMG (MAAx) (“Haddad”). [Doc. # 63.] Originally, Defendants had filed a similar motion in this case, but the Court denied it without prejudice as moot after Plaintiffs filed a First Amended Complaint. [Doc. # 35.]

Given that the Court may, on its own motion “sever any claim against a party,” Plaintiffs are hereby ORDERED TO SHOW CAUSE why the Court should not sever this action into two suits on behalf of Ta and Dockery separately, as it did in Haddad. See Fed. R. Civ. P. 21; see also Herklotz v. Parkinson, 848 F.3d 894, 898 (9th Cir. 2017); Gaffney v. Riverboat Servs. of Indiana, Inc., 451 F.3d 424, 442 (7th Cir. 2006) (“a district court may sever claims under Rule 21, creating two separate proceedings, so long as the two claims are ‘discrete and separate.’”).

Plaintiffs shall respond to the OSC no later than March 20, 2023. Defendants shall file a response, if any, by March 27, 2023. Neither of these filings shall exceed 5 pages. Thereafter, the matter will stand submitted.

IT IS SO ORDERED. CV-90 CIVIL MINUTES—GENERAL Initials of Deputy Clerk KT

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