IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ROSE THOMPSON, Plaintiff
MERCK & CO., INC., et al., Defendants
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January 11, 2007
Following a two year break in activity, I granted the defendants’ unopposed
motion to dismiss this employment discrimination case without prejudice for failure to
prosecute. Plaintiff Rose Thompson now brings a motion through her previous counsel1
to reopen the case. For the following reasons, I will grant the plaintiff’s motion in its
This case was brought as one of several discrimination suits against Merck,2 and
followed the original suit, Julius Webb, et al. v. Merck & Co., Inc., et al., No. 99-0413,
filed in the Eastern District of Pennsylvania. Thompson filed the case as a class action,
1 On May 24, 3006, I granted counsel’s unopposed motion for leave to withdraw which cited repeated unsuccessful attempts to contact Thompson. (Document #19). Defendants’ motion to dismiss followed shortly thereafter. (Document #22).
2 On the date she filed suit, Thompson was employed by Merck-Medco Rx Services of Nevada, Inc., which was a wholly-owned subsidiary of defendant Merck-Medco Managed Care, LLC, a wholly-owned subsidiary of defendant Merck & Co., Inc. Defendants allege that Merck- Medco Managed Care is no longer a subsidiary of defendant Merck, and that Merck-Medco was not properly served in this case. See Def’s Memorandum of Law in Support of its Response at 2.