Nadal v. The Cooper Companies, Inc., et al
| Mackenzie Nadal |
| Teva Women's Health, LLC, Teva Pharmaceuticals, USA, Inc., The Cooper Companies, Inc., Teva Women, Duramed Pharmaceuticals, Inc. a Division of Barr Pharmaceuticals, Inc., d/b/a Teva Women's Health, Inc., Teva Women's Health Inc. and Coopersurgical, Inc. |
| 8:2020cv02621 |
| November 16, 2020 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Christopher P Tuite |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on December 2, 2020. A more recent docket listing may be available from PACER.
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Filing 28
ENDORSED ORDER granting Plaintiff's #26 Unopposed Motion for Admission to Appear Pro Hac Vice of Lauren A. Welling, Esq. and Written Designation and Consent to Act and granting Plaintiff's #27 Unopposed Motion for Admission to Appear Pro Hac Vice of Randi Kassan, Esq. and Written Designation and Consent to Act. If counsel has not already done so, within fourteen (14) days hereof, they shall each complete the e-filer registration form (available at http://www.flmd.uscourts.gov/special-admission-practice). Signed by Magistrate Judge Christopher P. Tuite on 12/2/2020. (CTB)
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| Filing 27 Unopposed MOTION for Randi Kassan to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17600750 for $150 by Mackenzie Nadal. (Long, Molly) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 26 Unopposed MOTION for Lauren A. Welling to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17600686 for $150 by Mackenzie Nadal. (Long, Molly) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 25 NOTICE of Appearance by Molly Catherine Long on behalf of Mackenzie Nadal. (Long, Molly) |
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Filing 24
ORDER: The Clerk is directed to remand this case to Pennsylvania state court because the Court lacks subject-matter jurisdiction. After remand, the Clerk shall close this case. Signed by Judge Virginia M. Hernandez Covington on 11/27/2020. (AR)
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| Filing 23 RESPONSE re #14 Order on Motion to Change Venue / Transfer Case 8:20-cv-02621 by Coopersurgical, Inc., Duramed Pharmaceuticals, Inc., Teva Pharmaceuticals, USA, Inc., Teva Women's Health Inc., Teva Women's Health, LLC, Teva Women's Health, LLC, The Cooper Companies, Inc. (Attachments: #1 Exhibit 1)(Gerber, Daniel) |
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Filing 22
ENDORSED ORDER granting #21 Defendants' Unopposed Motion for Admission Pro Hac Vice of Frederick M. Erny and Written Designation and Consent to Act. If counsel has not already done so, within 14 days hereof, he shall pay the $150.00 fee to the Clerk of Court and complete the e-filer registration form (available at http://www.flmd.uscourts.gov/special-admission-practice). Signed by Magistrate Judge Christopher P. Tuite on 11/23/2020. (CTB)
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| Filing 21 First MOTION for Writ Designation and Consent to Act by All Defendants. (Gerber, Daniel) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 20 NOTICE of Appearance by Daniel Jay Gerber on behalf of Coopersurgical, Inc., Teva Pharmaceuticals, USA, Inc., Teva Women's Health Inc., Teva Women's Health, LLC, The Cooper Companies, Inc. (Gerber, Daniel) |
| Filing 19 NOTICE to counsel Kara D. Hill; Lauren A. Welling; Randyi Kassan; Timothy M. Clark; Tobia L. Millrood; Brian Rubenstein; Frederick M. Erny of Local Rule 2.02, Special Admission to Practice - Non-resident attorney shall file a written designation and consent-to-act on the part of some member of the bar of this Court; Pay the $150.00 Special Admission Fee; Local counsel must electronically file a Motion to appear Pro Hac Vice on behalf of the non-resident attorney. (Signed by Deputy Clerk). (AG) |
| Filing 18 TRANSFER IN from the Eastern District of Pennsylvania. Case assigned to District Judge Virginia M. Hernandez Covington and Magistrate Judge Christopher P. Tuite. New Case Number: 8:20-cv-2621-T-33CPT. (AG) |
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Filing 17
ENDORSED ORDER: On November 16, 2020, this case was transferred from the Eastern District of Pennsylvania to this Court. (Doc. #15). Defendants initially removed the case to the Eastern District of Pennsylvania on October 15, 2020, on the basis of diversity jurisdiction. (Doc. #1). However, the Complaint does not specify the amount of damages sought, and when "damages are unspecified, the removing party bears the burden of establishing the jurisdictional amount by a preponderance of the evidence." Lowery v. Ala. Power Co., 483 F.3d 1184, 1208 (11th Cir. 2007). Defendants argue that damages exceed $75,000 because Plaintiff Mackenzie Nadal alleges serious injuries - namely, a broken arm. (Doc. #1 at 10-11). However, Defendants provide no concrete factual support that Nadal's damages exceed $75,000. Therefore, the Court is unable to determine whether the amount in controversy has been met by Nadal's damages claim without engaging in heavy speculation. Accordingly, Defendants are directed to provide the Court with more information by November 23, 2020, regarding the amount of damages in order to establish that the amount in controversy has been satisfied. Signed by Judge Virginia M. Hernandez Covington on 11/16/2020. (AR)
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Filing 16
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by November 30, 2020, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. The Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 11/16/2020. (AR)
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| Filing 15 Case transferred in from District of Pennsylvania Eastern; Case Number 2:20-cv-05110. File received electronically |
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Filing 14
ORDER THAT THIS ACTION IS TRANSFERRED PURSUANT TO 28 USC SEC.1404(a) TO UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/12/20. 11/12/20 ENTERED & E-MAILED.(fdc) [Transferred from paed on 11/16/2020.]
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| Filing 13 NOTICE of Appearance by RANDI KASSAN on behalf of MACKENZIE NADAL (KASSAN, RANDI) [Transferred from paed on 11/16/2020.] |
| Filing 12 Original Record together with certified copy of docket entries received from Court of Common Pleas of PHILADELPHIA County. (JL ) [Transferred from paed on 11/16/2020.] |
| Filing 11 ANSWER to Complaint by THE COOPER COMPANIES, INC.(RUBENSTEIN, BRIAN) [Transferred from paed on 11/16/2020.] |
| Filing 10 ANSWER to Complaint by COOPERSURGICAL, INC..(RUBENSTEIN, BRIAN) [Transferred from paed on 11/16/2020.] |
| Filing 9 ANSWER to Complaint by TEVA WOMEN'S HEALTH, LLC f/k/a TEVA WOMEN'S HEALTH, INC..(RUBENSTEIN, BRIAN) [Transferred from paed on 11/16/2020.] |
| Filing 8 ANSWER to Complaint by TEVA WOMEN'S HEALTH INC., INDIVIDUALLY, AND AS SUCCESSOR IN INTEREST TO, DURAMED PHARMACEUTICALS, INC., A DIVISION OF BARR PHARMACEUTICALS, INC..(RUBENSTEIN, BRIAN) [Transferred from paed on 11/16/2020.] |
| Filing 7 ANSWER to Complaint by TEVA PHARMACEUTICAL USA, INC..(RUBENSTEIN, BRIAN) [Transferred from paed on 11/16/2020.] |
| Filing 6 Disclosure Statement Form pursuant to FRCP 7.1 including TEVA PHARMACEUTICAL INDUSTRIES LTD. by TEVA WOMEN'S HEALTH, LLC f/k/a TEVA WOMEN'S HEALTH, INC..(RUBENSTEIN, BRIAN) [Transferred from paed on 11/16/2020.] |
| Filing 5 Disclosure Statement Form pursuant to FRCP 7.1 including TEVA PHARMACEUTICAL INDUSTRIES LTD. by TEVA WOMEN'S HEALTH INC., INDIVIDUALLY, AND AS SUCCESSOR IN INTEREST TO, DURAMED PHARMACEUTICALS, INC., A DIVISION OF BARR PHARMACEUTICALS, INC..(RUBENSTEIN, BRIAN) [Transferred from paed on 11/16/2020.] |
| Filing 4 Disclosure Statement Form pursuant to FRCP 7.1 including TEVA PHARMACEUTICAL INDUSTRIES LTD. by TEVA PHARMACEUTICAL USA, INC..(RUBENSTEIN, BRIAN) [Transferred from paed on 11/16/2020.] |
| Filing 3 Disclosure Statement Form pursuant to FRCP 7.1 including THE COOPER COMPANIES, INC. by COOPERSURGICAL, INC..(RUBENSTEIN, BRIAN) [Transferred from paed on 11/16/2020.] |
| Filing 2 Disclosure Statement Form pursuant to FRCP 7.1 including VANGUARD GROUP, INC. by THE COOPER COMPANIES, INC.(RUBENSTEIN, BRIAN) [Transferred from paed on 11/16/2020.] |
| Filing 1 NOTICE OF REMOVAL by THE COOPER COMPANIES, INC, TEVA WOMEN'S HEALTH INC., INDIVIDUALLY, AND AS SUCCESSOR IN INTEREST TO, DURAMED PHARMACEUTICALS, INC., A DIVISION OF BARR PHARMACEUTICALS, INC., DURAMED PHARMACEUTICALS, INC. A DIVISION OF BARR PHARMACEUTICALS, INC., D/B/A TEVA WOMEN'S HEALTH, INC., TEVA WOMEN'S HEALTH, LLC, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO TEVA WOMEN'S HEALTH, INC., COOPERSURGICAL, INC., TEVA PHARMACEUTICAL USA, INC., TEVA WOMEN'S HEALTH, LLC f/k/a TEVA WOMEN'S HEALTH, INC. (Filing fee $ 400 receipt number 0313-14639595), filed by THE COOPER COMPANIES, INC, TEVA WOMEN'S HEALTH INC., INDIVIDUALLY, AND AS SUCCESSOR IN INTEREST TO, DURAMED PHARMACEUTICALS, INC., A DIVISION OF BARR PHARMACEUTICALS, INC., DURAMED PHARMACEUTICALS, INC. A DIVISION OF BARR PHARMACEUTICALS, INC., D/B/A TEVA WOMEN'S HEALTH, INC., TEVA WOMEN'S HEALTH, LLC, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO TEVA WOMEN'S HEALTH, INC., COOPERSURGICAL, INC., TEVA PHARMACEUTICAL USA, INC., TEVA WOMEN'S HEALTH, LLC f/k/a TEVA WOMEN'S HEALTH, INC..(RUBENSTEIN, BRIAN) [Transferred from paed on 11/16/2020.] |
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