Tredway v. Teva Phamaceuticals USA, Inc. et al
| Carley Tredway |
| Teva Pharmaceuticals USA, Inc., Teva Women's Health, LLC, Teva Women's Health, Inc. doing business as Teva Women's Health, LLC, The Cooper Companies, Inc. and Coopersurgical Inc |
| 1:2021cv00011 |
| January 4, 2021 |
| US District Court for the Northern District of Georgia |
| Leigh Martin May |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on February 18, 2021. A more recent docket listing may be available from PACER.
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Filing 37
ORDER in case 1:20-md-02974-LMM granting 39 Motion to Appoint Lead Counsel. Frederick M. Erny and Gina M. Saelinger Appointed as lead counsel for defendants. See document for further specifics. Signed by Judge Leigh Martin May on 2/18/2021. Associated Cases: 1:20-md-02974-LMM et al.(tmf)
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Filing 36
ORDER in case 1:20-md-02974-LMM granting 38 Motion to Appoint Lead Counsel. Erin K Copeland and Timothy Clark Appointed as lead counsel for plaintiffs. See document for further specifics. Signed by Judge Leigh Martin May on 2/18/2021. Associated Cases: 1:20-md-02974-LMM et al.(tmf)
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| Filing 35 Clerk's Certificate of Mailing re #34 ORDER INITIAL CONFERENCE (as to attached list). Associated Cases: 1:20-md-02974-LMM et al.(tmf) |
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Filing 34
ORDER INITIAL CONFERENCE: The Court held its Initial Conference in this MDL on February 9, 2021. The below are the orders entered after discussion of these issues at that conference. 1. Leadership structure: After the Court discussed issues concerning the leadership structure with all parties, the Court ORDERED Plaintiffs and Defendants to each file their proposed consent motion and order as to their requested leadership structure and team within 7 days of the date of this order. 2. Future status conferences: The Court will hold status conferences once a month. The next six conferences will take place on the following dates at 10:00 am via zoom: Tuesday, March 9, 2021; Monday, April 12, 2021; Wednesday, May 12, 2021; Monday, June 14, 2021; Tuesday, July 13, 2021; Friday, August 20, 2021. The Court will send out the zoom links prior to the conferences. The parties will submit a proposed consent agenda 3 business days prior to the conference. The parties will also confer as to the format for presenting issues that require additional explanation. When these are necessary, they should also be filed 3 business days before the conference. 3. Stay of responsive pleading obligations: The Court continues the stay of responsive pleading obligations provided for in Section 6(b) of the Court's initial order. 4. Pending motions: The Court DENIES WITHOUT PREJUDICE all pending motions in the individual cases comprising the MDL. These cases are also ADMINISTRATIVELY CLOSED. These terminated motions will later be refiled in accordance with an upcoming Case Management Order. 5. Docketing: All parties are to docket future filings only in the MDL case. The case caption should indicate whether any filing applies to all cases or list the individual cases to which it should apply. 6. Electronic service: The Court ORDERS all attorneys participating in the MDL proceeding to register with the Court's CM/ECF system. Because all attorneys will then receive electronic copies of documents filed in the MDL, the Court ORDERS that electronic service of documents via the Court's CM/ECF system satisfies the obligation of service. Hereafter, unless otherwise ordered, neither the clerk's office nor counsel for the parties shall be obligated to provide service copies of any filings or related orders by U.S. Mail or any other means to attorneys who have not registered with the Court's CM/ECF system. An attorney who is not participating in the MDL and does not want to receive CM/ECF notifications may file a motion to withdraw or a certificate of consent to withdraw in accordance with Local Rule 83.1(E). 7. Initial disclosures: The Court GRANTS the parties' joint request for the Court to excuse the parties from Rule 26(f) initial disclosures; except as to the ParaGard New Drug Application (NDA) that was transferred on or about November 10, 2005, to Duramed Pharmaceuticals, Inc., and produced by TWH, Inc., to plaintiff in the Estrada case. 8. Case management and initial orders: The parties are ORDERED to confer as to proposed orders for the list found herein. See order for further specifics and instructions. Signed by Judge Leigh Martin May on 2/10/2021. Associated Cases: 1:20-md-02974-LMM et al.(tmf)
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| Civil Case Terminated. (rjs) |
| Filing 33 AGENDA INITIAL CONFERENCE: Herein is the Court's agenda for the February 9, 2021, meeting. The format of the meeting will be collaborative and additional items may be discussed as needed. Zoom Meeting Link for Initial Conference: https://ganduscourts.zoomgov.com/j/1606612652 Meeting ID: 160 661 2652; Passcode: 123456; Dial by your location: +1 669 254 5252 US (San Jose); +1 646 828 7666 US (New York); +1 551 285 1373 US; +1 669 216 1590 US (San Jose). Signed by Judge Leigh Martin May on 2/8/2021. Associated Cases: 1:20-md-02974-LMM et al.(tmf) |
| Filing 32 NOTICE of Appearance by Randi Kassan on behalf of Carley Tredway (Kassan, Randi) |
| Filing 31 NOTICE of Appearance by Robert L. Kinsman on behalf of Carley Tredway (Kinsman, Robert) |
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Filing 30
PRACTICE AND PROCEDURE ORDER AND NOTICE OF INITIAL CONFERENCE: Initial Conference set for February 9, 2021, at 10:00 AM via Zoom before Judge Leigh Martin May. Preliminary Reports - Counsel will submit to the Court by January 25, 2021. The Clerk of this Court will maintain a master docket case file under the style "In Re: PARAGARD IUD PRODUCTS LIABILITY LITIGATION" and the identification "MDL No. 2974". All written communication should be sent to the Courtroom Deputy Clerk, Ms. Brittany Poley at brittany_poley@gand.uscourts.gov. (Complete instructions within Order) Signed by Judge Leigh Martin May on 01/07/2021. Associated Cases: 1:20-md-02974-LMM et al.(bdb)
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| Clerk's Certificate of Mailing re Practice and Procedures Order #5 Associated Cases: 1:20-md-02974-LMM et al.(bdb) Modified on 1/12/2021 to delete duplicative text (rvb). |
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Filing 29
NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS Signed by Judge Thomas W. Thrash, Jr. on 12/08/20. (aar)
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| Filing 28 Case transferred in from District of Florida Middle; Case Number 8:20-cv-02087. Original file certified copy of transfer order and docket sheet received. |
| Filing 27 MULTIDISTRICT LITIGATION panel order transferring case to: Northern District of Georgia. MDL case number: 2974. (JNB) [Transferred from Florida Middle on 1/4/2021.] |
| Clerk's Certificate of Mailing as to Coopersurgical Inc, Teva Pharmaceuticals USA, Inc., Teva Women's Health, Inc., Teva Women's Health, LLC, The Cooper Companies, Inc. re #29 Order. (aar) |
| Filing 26 STATUS report (Joint) by Teva Women's Health Inc., CooperSurgical, Inc., Teva Women's Health, LLC, Teva Phamaceuticals USA, Inc., The Cooper Companies, Inc. (Attachments: #1 Exhibit 1 - JPML Transfer Order)(Gerber, Daniel) Modified text on 12/31/2020 (BSN). [Transferred from Florida Middle on 1/4/2021.] |
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Filing 25
ENDORSED ORDER terminating #18 Motion to Dismiss for Lack of Jurisdiction; terminating #18 Motion to Dismiss for Failure to State a Claim; granting #21 Motion to Stay. The Court hereby stays all proceedings in this action pending a decision by the Judicial Panel on Multidistrict Litigation ("JPML") on Plaintiff's Motion to Transfer and consolidate this and fifty-four other pending federal matters for coordinated pretrial proceedings. The parties shall file a joint status report within fourteen (14) days of the JPML's decision. At that time, the Court will reinstate the pending Motion to Dismiss if necessary. Signed by Judge James S. Moody, Jr on 11/12/2020. (JG) [Transferred from Florida Middle on 1/4/2021.]
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| Filing 24 RESPONSE in Opposition re #21 MOTION to Stay Proceedings Pending a Decision by the Judicial Panel on Multidistrict Litigation filed by Teva Women's Health Inc., Teva Women's Health, LLC. (Gerber, Daniel) [Transferred from Florida Middle on 1/4/2021.] |
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Filing 23
ENDORSED ORDER granting #22 Consent Motion To Extend Time To Respond To Defendants' Motion To Dismiss. Plaintiff's response to Defendants' Motions to Dismiss shall be filed no later than seven (7) days after a ruling on Plaintiff's Motion to Stay is issued by the Court. Signed by Judge James S. Moody, Jr. on 10/30/2020. (SMB) [Transferred from Florida Middle on 1/4/2021.]
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| Filing 22 Consent MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Stay by Carley Tredway. (Attachments: #1 Text of Proposed Order)(Long, Molly) [Transferred from Florida Middle on 1/4/2021.] |
| Filing 21 MOTION to Stay by Carley Tredway. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Long, Molly) [Transferred from Florida Middle on 1/4/2021.] |
| Filing 20 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Teva Women's Health Inc..(Gerber, Daniel) [Transferred from Florida Middle on 1/4/2021.] |
| Filing 19 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Teva Women's Health, LLC.(Gerber, Daniel) [Transferred from Florida Middle on 1/4/2021.] |
| Filing 18 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by CooperSurgical, Inc., Teva Phamaceuticals USA, Inc., The Cooper Companies, Inc.. (Attachments: #1 Exhibit A - Declaration of Cynthia Wallace, #2 Exhibit B - APA)(Gerber, Daniel) [Transferred from Florida Middle on 1/4/2021.] |
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Filing 17
ENDORSED ORDER granting #16 Teva Defendants' Unopposed Motion for Extension of Time to Respond to Complaint. Defendants' time to respond to the Complaint is extended to October 16, 2020. Signed by Judge James S. Moody, Jr. on 10/5/2020. (SMB) [Transferred from Florida Middle on 1/4/2021.]
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| Filing 16 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by All Defendants. (Gerber, Daniel) [Transferred from Florida Middle on 1/4/2021.] |
| Filing 15 RETURN of service executed on 09/14/2020 by Carley Tredway as to Teva Women's Health, LLC. (Long, Molly) [Transferred from Florida Middle on 1/4/2021.] |
| Filing 14 RETURN of service executed on 09/14/2020 by Carley Tredway as to Teva Women's Health Inc.. (Long, Molly) [Transferred from Florida Middle on 1/4/2021.] |
| Filing 13 RETURN of service executed on 09/14/2020 by Carley Tredway as to Teva Phamaceuticals USA, Inc.. (Long, Molly) [Transferred from Florida Middle on 1/4/2021.] |
| Filing 12 RETURN of service executed on 09/11/2020 by Carley Tredway as to The Cooper Companies, Inc.. (Long, Molly) [Transferred from Florida Middle on 1/4/2021.] |
| Filing 11 RETURN of service executed on 09/11/2020 by Carley Tredway as to CooperSurgical, Inc.. (Long, Molly) [Transferred from Florida Middle on 1/4/2021.] |
| Filing 10 ***TERMINATED-INCORRECT EVENT. COUNSEL TO REFILE AS "SUMMONS RETURNED EXECUTED"*** PROOF of service by Carley Tredway (Long, Molly) Modified on 9/30/2020 (LSS). [Transferred from Florida Middle on 1/4/2021.] |
| Filing 9 ***TERMINATED-INCORRECT EVENT. COUNSEL TO REFILE AS "SUMMONS RETURNED EXECUTED"*** PROOF of service by Carley Tredway (Long, Molly) Modified on 9/30/2020 (LSS). [Transferred from Florida Middle on 1/4/2021.] |
| Filing 8 ***TERMINATED-INCORRECT EVENT. COUNSEL TO REFILE AS "SUMMONS RETURNED EXECUTED"*** PROOF of service by Carley Tredway (Long, Molly) Modified on 9/30/2020 (LSS). [Transferred from Florida Middle on 1/4/2021.] |
| Filing 7 ***TERMINATED-INCORRECT EVENT. COUNSEL TO REFILE AS "SUMMONS RETURNED EXECUTED"*** PROOF of service by Carley Tredway (Long, Molly) Modified on 9/30/2020 (LSS). [Transferred from Florida Middle on 1/4/2021.] |
| Filing 6 ***TERMINATED-INCORRECT EVENT. COUNSEL TO REFILE AS "SUMMONS RETURNED EXECUTED"*** PROOF of service by Carley Tredway (Long, Molly) Modified on 9/30/2020 (LSS). [Transferred from Florida Middle on 1/4/2021.] |
| Filing 5 NOTICE of pendency of related cases per Local Rule 1.04(d) by Carley Tredway. Related case(s): yes (Long, Molly) [Transferred from Florida Middle on 1/4/2021.] |
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Filing 4
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge James S. Moody, Jr. on 9/8/2020. (KAC) [Transferred from Florida Middle on 1/4/2021.]
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| Filing 3 SUMMONS issued as to CooperSurgical, Inc., Teva Phamaceuticals USA, Inc., Teva Women's Health Inc., Teva Women's Health, LLC, The Cooper Companies, Inc. (CRH) [Transferred from Florida Middle on 1/4/2021.] |
| Filing 2 NEW CASE ASSIGNED to Judge James S. Moody, Jr and Magistrate Judge Julie S. Sneed. New case number: 8:20-cv-2087-T-30JSS. (SJB) [Transferred from Florida Middle on 1/4/2021.] |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $ 400 receipt number 113A-17273254) filed by Carley Tredway. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons TEVA USA, #3 Proposed Summons CooperSurgical, #4 Proposed Summons TEVA Women's Inc., #5 Proposed Summons TEVA Women's LLC, #6 Proposed Summons Cooper Companies)(Long, Molly) [Transferred from Florida Middle on 1/4/2021.] |
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