Huitt v. TEVA Pharmaceuticals USA, Inc. et al
| Patricia Huitt |
| Duramed Pharmaceuticals, Inc., Teva Pharmaceuticals USA Inc., Teva Women's Health Inc. and Teva Women's Health, LLC |
| 1:2021cv00051 |
| January 6, 2021 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Leigh Martin May |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
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 44
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 43
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 42 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 41
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. (jpk) |
| Filing 40 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 39 NOTICE of Appearance by Hunter Linville on behalf of Patricia Huitt (Linville, Hunter) |
| Filing 38 NOTICE of Appearance by Patricia Huitt. (Linville, Hunter) Modified on 1/20/2021 to terminate motion and edit event to match filed pleading (tmf). |
| Filing 37 NOTICE of Appearance by Charles Andrew Childers on behalf of Patricia Huitt (Childers, Charles) |
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Filing 36
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 35
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 34 Case transferred in from District of California Eastern; Case Number 2:20-cv-00954. Original file certified copy of transfer order and docket sheet received. |
| Filing 33 MDL ORDER. CASE TRANSFERRED to Northern District of Georgia. ELECTRONIC RECORDS SENT. CASE CLOSED. (Tupolo, A) [Transferred from California Eastern on 1/6/2021.] |
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Filing 32
ORDER signed by Senior Judge William B. Shubb on 12/14/2020 GRANTING #27 Motion to Stay Proceedings. All proceedings in this action are hereby STAYED until 1/25/2021. A virtual status conference is set on 1/25/2021, at 1:30 p.m., to determine whether the stay should be lifted or extended. The parties shall file a joint status report by 1/20/2021, informing the court of the status of the current proceedings before the JPML. CASE STAYED. (Zignago, K.) [Transferred from California Eastern on 1/6/2021.]
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| Filing 31 MINUTES (Text Only) for proceedings held via video conference before Senior Judge William B. Shubb: MOTION HEARING held on 12/14/2020 re #27 Plaintiff's Motion to Stay. Court confers with counsel re the status of MDL proceedings and plaintiff's pending motion. Court orders a Status Conference set for 1/25/2021 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. A joint status report shall be filed no later than 1/20/2021. The court shall issue a separate order. Plaintiff's Counsel Levi Plesset present. Defendant's Counsel Rex Litrell present. Court Reporter: Kimberly Bennett. (Kirksey Smith, K) [Transferred from California Eastern on 1/6/2021.] |
| Filing 30 OPPOSITION by TEVA Pharmaceuticals USA, Inc., Teva Women's Health, Inc., Teva Women's Health, LLC to #27 Motion to Stay. (Rhoads, Kathleen) [Transferred from California Eastern on 1/6/2021.] |
| Filing 29 NOTICE of Motion by Patricia Huitt re #27 Motion to Stay. MOTION HEARING set for 12/14/20200 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Plesset, Levi) Modified on 11/9/2020 (Kirksey Smith, K). [Transferred from California Eastern on 1/6/2021.] |
| Filing 28 MINUTE ORDER (TEXT ONLY): The parties are hereby notified that #27 Plaintiff's Motion to Stay Proceedings has been improperly filed without a written notice pursuant to Local Rule 230(b). The motion shall be heard on 12/14/20200 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Counsel for plaintiff is instructed to immediately file and serve a Notice of Motion only setting forth the above-referenced date and time. The parties are further instructed to review the Local Rules and Judge Shubb's standard information on the court's website for available hearing dates prior to filing any motions. (Kirksey Smith, K) [Transferred from California Eastern on 1/6/2021.] |
| Filing 27 MOTION to STAY by Patricia Huitt. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order)(Plesset, Levi) [Transferred from California Eastern on 1/6/2021.] |
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Filing 26
STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 11/5/2020 VACATING the 11/9/2020 Status (Pretrial Scheduling) Conference and ORDERING: Expert Disclosure due by 1/21/2022, with Rebuttal Disclosure due by 2/18/2022, Discovery to be completed by 3/25/2022, Motions to be filed by 5/9/2022, Final Pretrial Conference set for 8/1/2022 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb, and Jury Trial set for 10/4/2022 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Huang, H) [Transferred from California Eastern on 1/6/2021.]
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| Filing 25 JOINT RULE 26(f) REPORT by TEVA Pharmaceuticals USA, Inc., Teva Women's Health, Inc., Teva Women's Health, LLC. (Rhoads, Kathleen) Modified on 10/27/2020 (Huang, H). [Transferred from California Eastern on 1/6/2021.] |
| Filing 24 ANSWER with Jury Demand by TEVA Pharmaceuticals USA, Inc. (Rhoads, Kathleen) [Transferred from California Eastern on 1/6/2021.] |
| Filing 23 ANSWER with Jury Demand by Teva Women's Health, Inc. (Rhoads, Kathleen) [Transferred from California Eastern on 1/6/2021.] |
| Filing 22 ANSWER with Jury Demand by Teva Women's Health, LLC.(Rhoads, Kathleen) [Transferred from California Eastern on 1/6/2021.] |
| Filing 21 FIRST AMENDED COMPLAINT against Duramed Pharmaceuticals, Inc., TEVA Pharmaceuticals USA, Inc., Teva Women's Health, Inc., Teva Women's Health, LLC by Patricia Huitt.(Plesset, Levi) [Transferred from California Eastern on 1/6/2021.] |
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Filing 20
MEMORANDUM AND ORDER Re: Defendants Teva Women's Health, LLC, Teva Women's Health, Inc. And Teva Pharmaceutical USA, Inc.'s Motions to Dismiss #9 , #12 signed by Senior Judge William B. Shubb on 9/22/2020: IT IS ORDERED that Defendants' Motions to Dismiss #9 , #12 be, and the same hereby are, GRANTED. Plaintiff's claims are DISMISSED WITHOUT PREJUDICE with leave to amend to allege additional facts regarding discovery within 20 days of this order. Failure to cure the deficiencies identified in this order will result in dismissal of the complaint with prejudice. (Kirksey Smith, K) [Transferred from California Eastern on 1/6/2021.]
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| Filing 19 AMENDED #13 Corporate Disclosure Statement by TEVA Pharmaceuticals USA, Inc. (Rhoads, Kathleen) Modified on 9/22/2020 (Tupolo, A). [Transferred from California Eastern on 1/6/2021.] |
| Filing 18 MINUTES (Text Only) for proceedings held via video conference before Senior Judge William B. Shubb: MOTION HEARING held on 9/21/2020 re #9 Defendants Teva Women's Health, LLC and Teva Women's Health, Inc's Motion to Dismiss and #12 Defendant Teva Pharmaceuticals USA, Inc's Motion to Dismiss. Counsel argue. MOTIONS SUBMITTED. The Court shall issue a separate order. Plaintiff's Counsel Levi Plesset present. Defendants' Counsel Rex Littrell, Kathleen Rhoads present. Court Reporter: Jennifer Coulthard. (Kirksey Smith, K) [Transferred from California Eastern on 1/6/2021.] |
| Filing 17 REPLY by Teva Women's Health, LLC, Teva Women's Health, INC., and Teva Pharmaceuticals USA, INC. in support of #9 Motion to Dismiss. (Rhoads, Kathleen) Modified on 9/15/2020 (Tupolo, A). [Transferred from California Eastern on 1/6/2021.] |
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Filing 16
PRO HAC VICE ORDER signed by Senior Judge William B. Shubb on 9/9/2020 ORDERING attorney Rex A. Littrell, PHV, added for TEVA Pharmaceuticals USA, Inc., Teva Women's Health, Inc., Teva Women's Health, LLC. (Zignago, K.) [Transferred from California Eastern on 1/6/2021.]
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| Filing 15 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by TEVA Pharmaceuticals USA, Inc., Teva Women's Health, Inc., Teva Women's Health, LLC for attorney Rex A. Littrell to appear Pro Hac Vice. Attorney Rhoads, Kathleen M. added. (Filing fee $ 225, receipt number 0972-9098259) (Rhoads, Kathleen) [Transferred from California Eastern on 1/6/2021.] |
| Filing 14 OPPOSITION by Patricia Huitt to #12 Motion to Dismiss, #9 Motion to Dismiss. (Plesset, Levi) [Transferred from California Eastern on 1/6/2021.] |
| Filing 13 CORPORATE DISCLOSURE STATEMENT by Defendant TEVA Pharmaceuticals USA, Inc. (Rhoads, Kathleen) [Transferred from California Eastern on 1/6/2021.] |
| Filing 12 MOTION to DISMISS by TEVA Pharmaceuticals USA, Inc. Attorney Rhoads, Kathleen M. added. Motion Hearing set for 9/21/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Memorandum, #2 Proposed Order )(Rhoads, Kathleen) Modified on 8/21/2020 (Tupolo, A). [Transferred from California Eastern on 1/6/2021.] |
| Filing 11 MINUTE ORDER (TEXT ONLY): The parties are hereby notified that the Scheduling Conference is continued from 9/14/2020 to 11/9/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. A Joint Status Report shall be filed no later than 10/26/2020, pursuant to the Court's #4 Order Re: Status (Pretrial Scheduling) Conference filed 5/11/2020. (Kirksey Smith, K) [Transferred from California Eastern on 1/6/2021.] |
| Filing 10 CORPORATE DISCLOSURE STATEMENT by Defendants Teva Women's Health, Inc., Teva Women's Health, LLC. (Rhoads, Kathleen) [Transferred from California Eastern on 1/6/2021.] |
| Filing 9 MOTION to DISMISS by Teva Women's Health, Inc. Attorney Rhoads, Kathleen M. added. Motion Hearing set for 9/21/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Memorandum of Law, #2 Proposed Order)(Rhoads, Kathleen) Modified on 8/7/2020 (Huang, H). [Transferred from California Eastern on 1/6/2021.] |
| Filing 8 STIPULATION to Extend Defendants' Deadline to Respond to Complaint by Duramed Pharmaceuticals, Inc. Attorney Rhoads, Kathleen M. added. (Rhoads, Kathleen) [Transferred from California Eastern on 1/6/2021.] |
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Filing 7
ORDER signed by Senior Judge William B. Shubb on 6/3/2020 GRANTING #6 Motion to Withdraw as Attorney. Attorney Sara Dawn Avila terminated, attorney Levi M. Plesset of Milstein, Jackson, Fairchild & Wade, LLP will continue as Plaintiff's counsel. (Zignago, K.) [Transferred from California Eastern on 1/6/2021.]
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| Filing 6 MOTION to WITHDRAW Sara Dawn Avila as ATTORNEY: Attorney Levi M. Plesset to continue as counsel of record by Patricia Huitt . (Attachments: #1 Proposed Order) (Avila, Sara) Modified on 6/3/2020 (York, M). [Transferred from California Eastern on 1/6/2021.] |
| Filing 5 NOTICE of APPEARANCE by Levi M. Plesset on behalf of Patricia Huitt. Attorney Plesset, Levi M. added. (Plesset, Levi) [Transferred from California Eastern on 1/6/2021.] |
| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 9/14/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Consent Form, #2 VDRP) (Benson, A.) [Transferred from California Eastern on 1/6/2021.] |
| Filing 3 SUMMONS ISSUED as to *Duramed Pharmaceuticals, Inc., TEVA Pharmaceuticals USA, Inc., Teva Women's Health, Inc., Teva Women's Health, LLC* with answer to complaint due within *21* days. Attorney *Sara Dawn Avila* *Milstein Jackson Fairchild & Wade, LLP* *10250 Constellation Blvd., Suite 1400* *Los Angeles, CA 90067*. (Benson, A.) [Transferred from California Eastern on 1/6/2021.] |
| Filing 2 CIVIL COVER SHEET by Patricia Huitt (Avila, Sara) [Transferred from California Eastern on 1/6/2021.] |
| Filing 1 COMPLAINT against All Defendants by Patricia Huitt. Attorney Avila, Sara Dawn added. (Filing fee $ 400, receipt number 0972-8884156) (Avila, Sara) [Transferred from California Eastern on 1/6/2021.] |
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