GARBER v. TEVA PHARMACEUTICALS USA, INC. et al
| Danielle Garber |
| Teva Pharmaceuticals USA, Inc., TEVA WOMEN'S HEALTH, LLC, Teva Women's Health, Inc., TEVA WOMEN'S HEALTH, LLC doing business as Teva Women's Health, Inc., The Cooper Companies, Inc., Coopersurgical Inc and Duramed Pharmaceuticals, Inc. A DIVISION OF BARR PHARMACEUTICALS, INC. doing business as Teva Women's Health, Inc. |
| 1:2021cv00061 |
| January 6, 2021 |
| US District Court for the Northern District of Georgia |
| Leigh Martin May |
| 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 February 18, 2021. A more recent docket listing may be available from PACER.
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Filing 42
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 41
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 40 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 39
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. (adg) |
| Filing 38 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) |
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Filing 37
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 36
NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (aar)
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| Filing 35 Case transferred in from District of Pennsylvania Middle; Case Number 1:20-cv-01529. Original file certified copy of transfer order and docket sheet received. |
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Filing 34
ORDER TRANSFERRING CASE Signed by Karen Caldwell on 12/29/20. (pjr) [Transferred from Pennsylvania Middle on 1/6/2021.]
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| Filing 33 NOTICE by Coopersurgical, Inc., TEVA Pharmaceuticals USA, Inc., TEVA Women's Health, Inc., Teva Women's Health, LLC(INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO TEVA WOMEN'S HEALTH, INC.), The Cooper Companies, Inc. re #32 Order on Motion to Stay,, NOTICE OF DECISION BY THE JPML ON MOTION TO TRANSFER (Attachments: #1 Exhibit(s) 1)(Rubenstein, Brian) [Transferred from Pennsylvania Middle on 1/6/2021.] |
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Filing 32
ORDER - AND NOW, this 23rd day of November, 2020, IT IS ORDERED THAT: 1. Plaintiffs motion (Doc. No. #26 ) is GRANTED IN PART and DENIED IN PART, as set forth in the following paragraphs; 2. Issuance of any case management order is DEFERRED until resolution of the motion pending before the JPML; 3. Defendants counsel shall notify the Court regarding the decision of the JPML within seven (7) days of the JPML ruling; and 4. The parties shall conduct limited plaintiff-specific discovery in accordance with the discussion at todays case management conference. Signed by Honorable Yvette Kane on 11/23/20 (dmn) [Transferred from Pennsylvania Middle on 1/6/2021.]
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| Filing 30 EXHIBIT by Coopersurgical, Inc., TEVA Pharmaceuticals USA, Inc., TEVA Women's Health, Inc., Teva Women's Health, LLC(INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO TEVA WOMEN'S HEALTH, INC.), The Cooper Companies, Inc. re #26 Brief in Opposition,. (Rubenstein, Brian) [Transferred from Pennsylvania Middle on 1/6/2021.] |
| Filing 29 EXHIBIT A and B by Danielle Garber re #24 Brief in Support. (Millrood, Tobias) [Transferred from Pennsylvania Middle on 1/6/2021.] |
| Filing 28 CASE MANAGEMENT PLAN (Joint) by Danielle Garber. (Millrood, Tobias) [Transferred from Pennsylvania Middle on 1/6/2021.] |
| Filing 27 NOTICE of Appearance by Randi Kassan on behalf of Danielle Garber (Kassan, Randi) [Transferred from Pennsylvania Middle on 1/6/2021.] |
| Filing 26 BRIEF IN OPPOSITION re #23 MOTION to Stay Proceedings Pending a Decision by the JPML filed by Coopersurgical, Inc., TEVA Pharmaceuticals USA, Inc., TEVA Women's Health, Inc., Teva Women's Health, LLC(INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO TEVA WOMEN'S HEALTH, INC.), Teva Women's Health, LLC, The Cooper Companies, Inc..(Rubenstein, Brian) [Transferred from Pennsylvania Middle on 1/6/2021.] |
| Filing 25 CERTIFICATE of by Danielle Garber re #23 MOTION to Stay Proceedings Pending a Decision by the JPML, #24 Brief in Support . (Millrood, Tobias) [Transferred from Pennsylvania Middle on 1/6/2021.] |
| Filing 24 BRIEF IN SUPPORT re #23 MOTION to Stay Proceedings Pending a Decision by the JPML filed by Danielle Garber.(Millrood, Tobias) [Transferred from Pennsylvania Middle on 1/6/2021.] |
| DOCKET ANNOTATION: Counsel is advised to refile the Memorandum in Support of document 23 as a separate entry using the event: Motions and Related Filings > Responses and Replies (Briefs) > Brief in Support. (rw) [Transferred from Pennsylvania Middle on 1/6/2021.] |
| DOCKET ANNOTATION: Counsel are advised to file a Certificate of Concurrence/Non-Concurrence for doc. 23. (dmn) [Transferred from Pennsylvania Middle on 1/6/2021.] |
| Filing 23 MOTION to Stay Proceedings Pending a Decision by the JPML by Danielle Garber.(Millrood, Tobias) [Transferred from Pennsylvania Middle on 1/6/2021.] |
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Filing 22
ORDER granting #21 Motion to Continue - Case Management Conference CONTINUED to 11/23/2020 at 11:00 AM before Honorable Yvette Kane. The Joint Case Management Plan shall be filed on or before November 16, 2020. Plaintiffs counsel shall initiate the conference call. The telephone number for purposes of this call is (717) 221-3990.Signed by Honorable Yvette Kane on 10/20/20. (dmn) [Transferred from Pennsylvania Middle on 1/6/2021.]
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| Filing 21 Joint MOTION to Continue October 26, 2020 Case Management Conference and Joint Case Management Plan filing deadline by Danielle Gargber. (Attachments: #1 Proposed Order)(Millrood, Tobias) [Transferred from Pennsylvania Middle on 1/6/2021.] |
| Filing 20 EASTERN DISTRICT OF PA RECORD. (mw) [Transferred from Pennsylvania Middle on 1/6/2021.] |
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Filing 19
SCHEDULING ORDER: A Case Management conference will be conducted by the court on October 26, 2020 at 10:00 a.m. The court prefers to hold this conference by telephone. Plaintiffs counsel shall initiate this telephone conference. The telephone number of the court is 717-221-3990. Counsel should be prepared to address any pending motions at the conference. Counsel are advised to comply with Rule 16.3(a) of the Rules of Court for the Middle District of Pennsylvania. Local Rule 16.3 requires lead counsel for each party to meet prior to the case management conference and complete a Joint Case Management Plan form. The completed form, which is set forth in Appendix A of the local rules, must be filed jointly by the parties on or before October 21, 2020. See Order for further details.Signed by Honorable Yvette Kane on 8/31/20. (dmn) [Transferred from Pennsylvania Middle on 1/6/2021.]
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| Filing 18 Letter to Counsel re: Case Assignment and Procedures.Signed by Honorable Yvette Kane on 8/31/20. (dmn) [Transferred from Pennsylvania Middle on 1/6/2021.] |
| DOCKET ANNOTATION: Attorneys Kara Hill, Frederick Erny and Brian Rubenstein are advised that the special admissions form can be found at http://www.pamd.uscourts.gov/forms/petition-admission-practice (mfa) [Transferred from Pennsylvania Middle on 1/6/2021.] |
| Filing 17 Case transferred electronically in from District of Pennsylvania Eastern; Case Number 2:20-cv-04007 containing electronic documents. [Transferred from Pennsylvania Middle on 1/6/2021.] |
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Filing 16
ORDER THAT THIS ACTION IS TRANSFERRED TO THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PA. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/24/20. 8/25/20 ENTERED AND COPIES NOT MAILED TO UNREPS; E-MAILED.(amas, ) [Transferred from Pennsylvania Eastern on 8/26/2020.] [Transferred from Pennsylvania Middle on 1/6/2021.]
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| Filing 15 STIPULATION TO TRANSFER VENUE TO THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA(rf, ) [Transferred from Pennsylvania Eastern on 8/26/2020.] [Transferred from Pennsylvania Middle on 1/6/2021.] |
| Filing 14 NOTICE of Hearing: STATUS CONFERENCE SET FOR 8/25/2020 10:30 AM BEFORE HONORABLE HARVEY BARTLE III. ADDITIONAL CONFERENCE INFORMATION CONTAINED HEREIN.(km, ) [Transferred from Pennsylvania Eastern on 8/26/2020.] [Transferred from Pennsylvania Middle on 1/6/2021.] |
| Filing 13 NOTICE of Appearance by FREDERICK M. ERNY on behalf of COOPERSURGICAL, INC., TEVA PHARMACEUTICALS USA, INC., TEVA WOMEN'S HEALTH, INC., TEVA WOMEN'S HEALTH, LLC(INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO TEVA WOMEN'S HEALTH, INC.), THE COOPER COMPANIES, INC. with Jury Demand and Certificate of Service(ERNY, FREDERICK) [Transferred from Pennsylvania Eastern on 8/26/2020.] [Transferred from Pennsylvania Middle on 1/6/2021.] |
| Filing 12 NOTICE of Appearance by KARA D. HILL on behalf of DANIELLE GARGBER with Certificate of Service(HILL, KARA) [Transferred from Pennsylvania Eastern on 8/26/2020.] [Transferred from Pennsylvania Middle on 1/6/2021.] |
| DEMAND for Trial by Jury by DANIELLE GARGBER. (fb) [Transferred from Pennsylvania Eastern on 8/26/2020.] [Transferred from Pennsylvania Middle on 1/6/2021.] |
| Filing 11 ANSWER to Complaint by THE COOPER COMPANIES, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 8/26/2020.] [Transferred from Pennsylvania Middle on 1/6/2021.] |
| Filing 10 ANSWER to Complaint by TEVA WOMEN'S HEALTH, LLC.(RUBENSTEIN, BRIAN) Modified on 8/18/2020 (fb). [Transferred from Pennsylvania Eastern on 8/26/2020.] [Transferred from Pennsylvania Middle on 1/6/2021.] |
| Filing 9 ANSWER to Complaint by TEVA WOMEN'S HEALTH, INC..(RUBENSTEIN, BRIAN) Modified on 8/18/2020 (fb). [Transferred from Pennsylvania Eastern on 8/26/2020.] [Transferred from Pennsylvania Middle on 1/6/2021.] |
| Filing 8 ANSWER to Complaint by TEVA PHARMACEUTICALS USA, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 8/26/2020.] [Transferred from Pennsylvania Middle on 1/6/2021.] |
| Filing 7 ANSWER to Complaint by COOPERSURGICAL, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 8/26/2020.] [Transferred from Pennsylvania Middle on 1/6/2021.] |
| Filing 6 Disclosure Statement Form pursuant to FRCP 7.1 by TEVA WOMEN'S HEALTH, LLC.(RUBENSTEIN, BRIAN) Modified on 8/18/2020 (fb). [Transferred from Pennsylvania Eastern on 8/26/2020.] [Transferred from Pennsylvania Middle on 1/6/2021.] |
| Filing 5 Disclosure Statement Form pursuant to FRCP 7.1 by TEVA WOMEN'S HEALTH, INC..(RUBENSTEIN, BRIAN) Modified on 8/18/2020 (fb). [Transferred from Pennsylvania Eastern on 8/26/2020.] [Transferred from Pennsylvania Middle on 1/6/2021.] |
| Filing 4 Disclosure Statement Form pursuant to FRCP 7.1 by TEVA PHARMACEUTICALS USA, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 8/26/2020.] [Transferred from Pennsylvania Middle on 1/6/2021.] |
| Filing 3 Disclosure Statement Form pursuant to FRCP 7.1 by THE COOPER COMPANIES, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 8/26/2020.] [Transferred from Pennsylvania Middle on 1/6/2021.] |
| Filing 2 Disclosure Statement Form pursuant to FRCP 7.1 by COOPERSURGICAL, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 8/26/2020.] [Transferred from Pennsylvania Middle on 1/6/2021.] |
| Filing 1 NOTICE OF REMOVAL by THE COOPER COMPANIES, INC., TEVA WOMEN'S HEALTH, LLC, COOPERSURGICAL, INC., TEVA PHARMACEUTICALS USA, INC., TEVA WOMEN'S HEALTH, INC., (Filing fee $ 400 receipt number 0313-14500767), filed by THE COOPER COMPANIES, INC., TEVA WOMEN'S HEALTH, LLC, COOPERSURGICAL, INC., TEVA PHARMACEUTICALS USA, INC., TEVA WOMEN'S HEALTH, INC..(RUBENSTEIN, BRIAN) Modified on 8/18/2020 (fb). [Transferred from Pennsylvania Eastern on 8/26/2020.] [Transferred from Pennsylvania Middle on 1/6/2021.] |
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