Hawkins v. Granules USA, Inc. et al
| Russell Hawkins |
| Granules USA, Inc., Gradules Pharmaceuticals, Inc., Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc., Actavis Pharma, Inc., Actavis LLC and Granules Pharmaceuticals, Inc. |
| 6:2021cv01130 |
| July 8, 2021 |
| US District Court for the Middle District of Florida |
| Roy B Dalton |
| Embry J Kidd |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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Filing 64
ORDER dismissing case re #63 Notice of voluntary dismissal. The Clerk is directed to terminate all pending motions and close the file. Signed by Judge Roy B. Dalton, Jr. on 5/18/2022. (YG)
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| Filing 63 NOTICE of voluntary dismissal by Russell Hawkins (Mittelberg, Barry) |
| Reset deadline for Actavis LLC, Actavis Pharma, Inc., Granules Pharmaceuticals, Inc., Granules USA, Inc., Teva Pharmaceuticals USA, Inc. Answer due by 5/20/2022. (LDJ) |
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Filing 62
ENDORSED ORDER granting #61 Motion for Extension of Time. Defendants may have until and through May 20, 2022, to respond to the Second Amended Complaint. Signed by Magistrate Judge Embry J. Kidd on 5/4/2022. (Kidd, Embry)
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| Filing 61 Unopposed MOTION for Extension of Time to File Response/Reply as to #60 Amended Complaint (2nd Amended Complaint) by Actavis LLC, Actavis Pharma, Inc., Teva Pharmaceuticals USA, Inc.. (Walz, David) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 60 SECOND AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Russell Hawkins.(Mittelberg, Barry) Modified text on 4/25/2022 (LDJ). |
| Set/reset deadlines/hearings: Second Amended Complaint due by 4/22/2022 (RDO) |
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Filing 59
ENDORSED ORDER granting #58 Motion for Extension of Time. Plaintiff may have until and through April 22, 2022, to file his Second Amended Complaint. Signed by Magistrate Judge Embry J. Kidd on 4/19/2022. (Kidd, Embry)
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| Filing 58 MOTION for Extension of Time until 4/22/22 to File Second Amended Complaint by Russell Hawkins. (Ramos, Lizzie) Motions referred to Magistrate Judge Embry J. Kidd. Modified text on 4/19/2022 (LDJ). |
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Filing 57
ENDORSED ORDER denying without prejudice #56 Motion for Extension of Time. Plaintiff provides no basis for the extension of time and therefore fails to establish good cause. Signed by Magistrate Judge Embry J. Kidd on 4/15/2022. (Kidd, Embry)
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| Filing 56 First MOTION for Extension of Time until 4/25/22 to File Second Amended Complaint by Russell Hawkins. (Ramos, Lizzie) Motions referred to Magistrate Judge Embry J. Kidd. Modified text on 4/14/2022 (LDJ). |
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Filing 55
ORDER granting #47 Motion to Dismiss. Counts III, IV, and VI-VIII (Doc. 42, 64-82, 90-116) are DISMISSED WITHOUT PREJUDICE. Counts I, II, and V (id. 39-63, 83-89) are DISMISSED WITH PREJUDICE. By Thursday, April 14, 2022, Plaintiff may file a second amended complaint repleading the strict liability, negligence, and fraud-based claims only.. Signed by Judge Roy B. Dalton, Jr. on 4/1/2022. (YG)
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| Set deadline: Second Amended Complaint due by 4/14/2022. (LDJ) |
| Filing 54 REPLY to Response to Motion re #47 MOTION to Dismiss Plaintiff's Amended Complaint filed by Teva Pharmaceuticals USA, Inc.. (Walz, David) |
| Set deadlines as to #47 MOTION to Dismiss Plaintiff's Amended Complaint . Reply due by 12/29/2021. (KNC) |
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Filing 53
ENDORSED ORDER GRANTING Defendants' Motion for Leave to file a Reply (Doc. #52). By Wednesday, December 29, 2021, Defendants may file a seven-page reply. Signed by Judge Roy B. Dalton, Jr. on 12/15/2021. (EP)
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| Filing 52 MOTION for Leave to File Other Document :Defendants' Motion for Leave to File a Reply in Support of Their #47 Motion to Dismiss Plaintiff's Amended Complaint by Actavis LLC, Actavis Pharma, Inc., Teva Pharmaceuticals USA, Inc.. (Walz, David) Modified on 12/15/2021 (SPM). |
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Filing 51
ENDORSED ORDER DISCHARGING the Order to Show Cause (Doc. 48) in light of Plaintiff's response (Doc. 49). Signed by Judge Roy B. Dalton, Jr. on 12/13/2021. (EP)
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| Filing 50 RESPONSE in Opposition re #47 MOTION to Dismiss Plaintiff's Amended Complaint filed by Russell Hawkins. (Mittelberg, Barry) |
| Filing 49 RESPONSE TO ORDER TO SHOW CAUSE re #48 Order to show cause by Russell Hawkins. (Mittelberg, Barry) Modified on 12/9/2021 (KNC). |
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Filing 48
ORDER to show cause as to Russell Hawkins. On or before Tuesday, December 14, 2021, Plaintiff is ORDERED TO SHOW CAUSE by written response why the Court should not grant Defendants' Motion #47 as unopposed due to Plaintiff's failure to timely respond. With the response to this Order, Plaintiff is also DIRECTED to respond to the Motion #47. Failure to timely and adequately respond may result in the Court granting the Motion as unopposed Signed by Judge Roy B. Dalton, Jr. on 12/8/2021. (YG)
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| Filing 47 MOTION to Dismiss Plaintiff's Amended Complaint by Actavis LLC, Actavis Pharma, Inc., Granules Pharmaceuticals, Inc., Granules USA, Inc., Teva Pharmaceuticals USA, Inc.. (Grossman, Megan) |
| Filing 46 NOTICE to counsel Walter H. Swayze, III Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (KNC) ctp |
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Filing 45
ENDORSED ORDER granting #44 Motion for Extension of Time; granting #44 Motion to File Excess Pages. Defendants may file their motion to dismiss, not to exceed 35 pages, on or before October 29, 2021. Signed by Magistrate Judge Embry J. Kidd on 10/5/2021. (Kidd, Embry)
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| Filing 44 Unopposed MOTION for Extension of Time to File Response/Reply as to #42 Amended Complaint , Unopposed MOTION to File Excess Pages by Actavis LLC, Actavis Pharma, Inc., Teva Pharmaceuticals USA, Inc.. (Walz, David) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 43 NOTICE of Appearance by Lindsay Elizabeth DeCarlo on behalf of Granules USA, Inc. (DeCarlo, Lindsay) |
| Filing 42 AMENDED COMPLAINT against Actavis LLC, Actavis Pharma, Inc., Granules Pharmaceuticals, Inc., Granules USA, Inc., Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc. with Jury Demand. filed by Russell Hawkins.(Ramos, Lizzie) |
| Set deadline: Amended Complaint due by 10/1/2021 (TNP) |
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Filing 41
ORDER denying as moot #18 Motion to Dismiss for Failure to State a Claim; granting #40 Motion to Amend. By Friday, October 1, 2021, Plaintiff may file an amended complaint. Signed by Judge Roy B. Dalton, Jr. on 9/17/2021. (BIA)
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| Filing 40 MOTION to Amend Complaint by Russell Hawkins. (Attachments: #1 Exhibit Amended Complaint)(Ramos, Lizzie) Modified text on 9/16/2021 (LDJ). |
| Filing 39 NOTICE of Appearance by Megan E Grossman on behalf of Granules Pharmaceuticals, Inc., Granules USA, Inc. (Grossman, Megan) |
| Filing 38 NOTICE to counsel Lori G. Cohen Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (KNC) ctp |
| Reset deadlines as to #18 MOTION to Dismiss for Failure to State a Claim by Defendants Granules USA, Inc., Granules Pharmaceuticals, Inc.,. Responses due by 9/14/2021 (KNC) |
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Filing 37
ENDORSED ORDER granting #36 Motion for Extension of Time. Plaintiff may have until and through September 14, 2021, to respond to the Motion to Dismiss. The Court cautions that any future motion to extend a deadline must be supported by specific facts to justify the extension. Signed by Magistrate Judge Embry J. Kidd on 9/1/2021. (Kidd, Embry)
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| Filing 36 Unopposed MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss for Failure to State a Claim by Defendants Granules USA, Inc., Granules Pharmaceuticals, Inc., by Russell Hawkins. (Ramos, Lizzie) Motions referred to Magistrate Judge Embry J. Kidd. |
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Filing 35
ORDER granting #32 Motion of Megan E. Grossman for Special Admission of Non-Resident Attorney. Signed by Magistrate Judge Embry J. Kidd on 8/27/2021. (RMN)
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| Filing 34 CASE REFERRED to Mediation. Mediator: Dominic M. Caparello (KNC) |
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Filing 33
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 10/25/2021 Joinder of Parties due by 10/25/2021 Discovery due by 12/12/2022 Dispositive motions due by 2/3/2023 Pretrial statement due by 5/29/2023 All other motions due by 5/25/2023 Plaintiff disclosure of expert report due by 8/12/2022 Defendant disclosure of expert report due by 10/12/2022 Final Pretrial Conference set for 6/15/2023 at 10:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. Jury Trial set for 7/3/2023 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr.. Conduct mediation hearing by 1/13/2023. Lead counsel to coordinate dates. Signed by Judge Roy B. Dalton, Jr. on 8/25/2021. (BIA)(ctp)
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| Filing 32 MOTION for Megan Grossman to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18632014 for $150 by Granules Pharmaceuticals, Inc., Granules USA, Inc.. (Hawthorne, David) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 31 NOTICE OF SELECTION of Dominic M. Caparello as mediator by Russell Hawkins. (Ramos, Lizzie) |
| Filing 30 Remark: Doc. #28 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 8/18/2021. (LLM) |
| Filing 29 CASE MANAGEMENT REPORT. (Ramos, Lizzie) |
| Filing 28 CERTIFICATE of interested persons and corporate disclosure statement re #23 Order directing compliance by Russell Hawkins. (Ramos, Lizzie) |
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Filing 27
ORDER granting #26 Defendants Teva Pharmaceuticals USA, Inc., Actavis Pharma, Inc., and Actavis LLC's Motion for Special Admission of Non-Resident Attorney. Signed by Magistrate Judge Embry J. Kidd on 8/17/2021. (JLE)
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| Filing 26 Unopposed MOTION for Brian H. Rubenstein to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18596327 for $150 by Actavis LLC, Actavis Pharma, Inc., Teva Pharmaceuticals USA, Inc.. (Norrow, Beth) Motions referred to Magistrate Judge Embry J. Kidd. |
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Filing 25
ENDORSED ORDER denying without prejudice #24 Defendants Granules USA Inc. and Granules Pharmaceuticals, Inc.'s Motion for Julianne C. Lomax to Appear Pro Hac Vice for failure to comply with Local Rule 2.01. The Court strongly advises counsel to review all the local rules prior to filing a renewed motion. Signed by Magistrate Judge Embry J. Kidd on 8/16/2021. (JLE)
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| Filing 24 MOTION for Megan Grossman to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18589378 for $150 by Granules Pharmaceuticals, Inc., Granules USA, Inc.. (Hawthorne, David) Motions referred to Magistrate Judge Embry J. Kidd. |
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Filing 23
ORDER directing compliance to #17 Initial Order. On or before August 25, 2021, the Plaintiff is DIRECTED to file a Certificate of Interested Persons and Corporate Disclosure Statement that comply with the Court's order Signed by Judge Roy B. Dalton, Jr. on 8/12/2021. (BIA) (ctp)
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| Filing 22 NOTICE of compliance With Local Rule 2.01 by Russell Hawkins (Ramos, Lizzie) |
| Filing 21 NOTICE by Russell Hawkins re #19 Compliance notice of Withdrawal of DE #19 (Ramos, Lizzie) |
| Filing 20 NOTICE by Russell Hawkins of Certificate of Good Standing (Ramos, Lizzie) |
| Filing 19 NOTICE of compliance With Local Rule 2.01 by Russell Hawkins (Ramos, Lizzie) |
| Filing 18 MOTION to Dismiss for Failure to State a Claim by Defendants Granules USA, Inc., Granules Pharmaceuticals, Inc., by Actavis LLC, Actavis Pharma, Inc., Teva Pharmaceuticals USA, Inc.. (Walz, David) |
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Filing 17
INITIAL ORDER re Case Management and Deadlines. Signed by Judge Roy B. Dalton, Jr. on 7/19/2021. (BIA) (ctp)
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Filing 16
ORDER granting #11, #12, and #13 Defendants' Unopposed Motions to Appear Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 7/16/2021. (JLE)
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| Filing 15 Remark: Docs. #8 and #9 have been reviewed. Signed by Judge Roy B. Dalton, Jr. on 7/15/2021. (EJV) |
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Filing 14
ENDORSED ORDER granting #6 Motion for Extension of Time to Answer. Defendants may have until and through August 9, 2021, to respond to the Complaint. Signed by Magistrate Judge Embry J. Kidd on 7/15/2021. (Kidd, Embry)
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| Filing 13 MOTION for Bardia Sanjabi to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18479274 for $150 by Actavis LLC, Actavis Pharma, Inc., Teva Pharmaceuticals USA, Inc.. (Norrow, Beth) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 12 MOTION for Victoria Davis Lockard to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18479246 for $150 by Actavis LLC, Actavis Pharma, Inc., Teva Pharmaceuticals USA, Inc.. (Norrow, Beth) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 11 MOTION for Lori G. Cohen to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18479180 for $150 by Actavis LLC, Actavis Pharma, Inc., Teva Pharmaceuticals USA, Inc.. (Norrow, Beth) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 10 NOTICE to counsel Bardia Sanjabi Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (KNC) ctp |
| Filing 9 CERTIFICATE of interested persons and corporate disclosure statement by Granules Pharmaceuticals, Inc., Granules USA, Inc. identifying Corporate Parent Granules India Ltd for Granules Pharmaceuticals, Inc., Granules USA, Inc.. (Hawthorne, David) |
| Filing 8 CERTIFICATE of interested persons and corporate disclosure statement by Actavis Pharma, Inc., Teva Pharmaceuticals USA, Inc. identifying Other Affiliate Teva Pharmaceuticals Industries Ltd., Other Affiliate Actavis LLC, Other Affiliate Actavis Pharma, Inc., Other Affiliate Actavis Group PTC ehf (Iceland), Other Affiliate Actavis Group ehf (Iceland), Other Affiliate IVAX UK Limited (United Kingdom), Other Affiliate Mepha Schweiz AG (Switzerland), Other Affiliate Merckle GmbH (Germany), Other Affiliate Norton (Waterford) Limited (Ireland), Other Affiliate Orvet UK (United Kingdom), Other Affiliate PLIVA HRVATSKA d.o.o. (Croatia), Other Affiliate Plus Chemicals, branch of Teva Pharmaceuticals International GmbH (Switzerland), Other Affiliate Ratiopharm GmbH (Germany), Other Affiliate Teva API B.V. (Nethrelands), Other Affiliate Teva Canada Limited (Canada), Other Affiliate Teva Capital Services Switzerland gmbH, a branch of Teva Pharmaceuticals International GmbH (Switzerland), Other Affiliate Teva Czech Industries ss.r.o (Czech Republic), Other Affiliate Teva Finance Services II B.V. (Curacao), Other Affiliate Teva Italia S.r.l (Italy), Other Affiliate Teva Limited Liability Company (Russia), Other Affiliate Teva Pharma S.L.U (Spain), Other Affiliate Teva Pharmaceuticals Europe B.V. (Netherlands), Other Affiliate Teva Finance Netherlands III B.V (Netherlands), Other Affiliate Teva Pharmaceutical Finance Netherlands III B.V (Netherlands), Other Affiliate Teva Pharmaceuticals International GmbH (Switzerland), Other Affiliate Teva Pharmaceuticals USA, Inc. (United States), Other Affiliate Teva Pharmaceutical Works Private Limited Company (Hungary), Other Affiliate Teva Sante SAS (France), Other Affiliate Teva Takeda Pharma Ltd. (Japan), Other Affiliate Teva UK Limited (United Kingdom) for Teva Pharmaceuticals USA, Inc.. (Attachments: #1 Exhibit A - Subsidiaries)(Norrow, Beth) |
| Filing 7 NOTICE to counsel Megan E. Grossman Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (KNC) ctp |
| Filing 6 Joint MOTION for Extension of Time to File Answer re #1 Notice of Removal by Granules Pharmaceuticals, Inc., Granules USA, Inc.. (Attachments: #1 Text of Proposed Order)(Hawthorne, David) Motions referred to Magistrate Judge Embry J. Kidd. |
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Filing 5
ORDER ON DISCOVERY MOTIONS Signed by Magistrate Judge Embry J. Kidd on 7/12/2021. (JLE)
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| Filing 4 NOTICE to counsel Lizzie M. Ramos Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (KNC) ctp |
| Filing 3 NOTICE to counsel Lori G. Cohen, Victoria Davis Lockard, and Brian Rubenstein Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (KNC) ctp |
| Filing 2 NEW CASE ASSIGNED to Judge Roy B. Dalton, Jr. and Magistrate Judge Embry J. Kidd. New case number: 6:21-cv-1130-RBD-EJK. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Seminole County, case number 2021CA001478 filed in State Court on 06/11/2021. Filing fee $ 402, receipt number AFLMDC-18450173 filed by Actavis Pharma, Inc., Actavis LLC, Teva Pharmaceuticals USA, Inc.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Service of Process for Teva USA, #3 Exhibit C - Service of Process for Actavis Pharma, Inc., #4 Exhibit D - Service of Process for Actavis LLC, #5 Exhibit E - State Court Docket, #6 Exhibit F - Granules' Consent, #7 Exhibit G - State Notice of Filing of Notice of Removal, #8 Civil Cover Sheet)(Norrow, Beth) Modified on 7/9/2021 (KNC). |
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