SHANK v. TEVA PHARMACEUTICALS USA, INC. et al
| Dawn Shank |
| TEVA WOMEN'S HEALTH, LLC, Teva Pharmaceuticals USA, Inc., Teva Women, Duramed Pharmaceuticals, Inc., 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. |
| 1:2021cv00062 |
| 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 |
| Defendant |
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 36
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 35
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 34 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 33
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 32 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 31
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 30
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 12/08/20. (aar)
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| Filing 29 Case transferred in from District of Pennsylvania Middle; Case Number 1:20-cv-01536. Original file certified copy of transfer order and docket sheet received. |
| Filing 28 CERTIFIED ORDER TRANSFERRING CASE from MDL Court to ND of GA. (aaa) [Transferred from Pennsylvania Middle on 1/6/2021.] |
| Filing 27 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 #25 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.] |
| Filing 26 NOTICE of Appearance by Randi Kassan on behalf of Dawn Shank (Kassan, Randi) [Transferred from Pennsylvania Middle on 1/6/2021.] |
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Filing 25
ORDER - IT IS HEREBY ORDERED that 1. Plaintiffs motion (Doc. 19) to stay is GRANTED in part and DENIED in part as set forth in the following paragraphs. 2. Issuance of a case management order is DEFERRED until resolution of the motion before the JMPL. 3. Defendants counsel shall notify the court regarding the decision of the JMPL within seven days of the JMPL ruling. 4. The parties shall continue with the limited discovery discussed during todays case management conference. Signed by Honorable Christopher C. Conner on 11/09/2020 (tw) [Transferred from Pennsylvania Middle on 1/6/2021.]
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| Filing 24 CIVIL PRACTICE ORDER. Signed by Honorable Christopher C. Conner on 11/09/2020. (tw) [Transferred from Pennsylvania Middle on 1/6/2021.] |
| Filing 22 CASE MANAGEMENT PLAN (JOINT) 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 21 BRIEF IN OPPOSITION re #19 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 20 BRIEF IN SUPPORT re #19 MOTION to Stay Proceedings Pending a Decision by the JPML filed by Dawn Shank.(Millrood, Tobias) [Transferred from Pennsylvania Middle on 1/6/2021.] |
| DOCKET ANNOTATION: Counsel is advised to refile their Brief in Support to Document 19 as a separate document. This event can be located under Responses and Replies. (aaa) [Transferred from Pennsylvania Middle on 1/6/2021.] |
| Filing 19 MOTION to Stay Proceedings Pending a Decision by the JPML by Dawn Shank. (Attachments: #1 Memo, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Certificate of Nonconcurrence, #5 Proposed Order)(Millrood, Tobias) [Transferred from Pennsylvania Middle on 1/6/2021.] |
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Filing 18
SCHEDULING ORDER: Case Management Conference set for 11/9/2020 at 11:00 AM before Honorable Christopher C. Conner. Signed by Honorable Christopher C. Conner on 9/2/2020. (Attachments: #1 Term. Calendar)(ktt) [Transferred from Pennsylvania Middle on 1/6/2021.]
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Filing 17
ORDER Re: Case Assignment and Procedures - Signed by Honorable Christopher C. Conner on 8/31/2020. (ktt) [Transferred from Pennsylvania Middle on 1/6/2021.]
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| Filing 16 Case transferred electronically in from District of Pennsylvania Eastern; Case Number 2:20-cv-04012 containing electronic documents. [Transferred from Pennsylvania Middle on 1/6/2021.] |
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Filing 15
ORDER THAT THE STIPULATION OF THE PARTIES TO TRANSFER VENUE OF THIS ACTION TO THE MIDDLE DISTRICT OF PENNSYLVANIA IS HEREBY APPROVED, AND FOR THE REASONS SET FORTH IN THE STIPULATION, THIS COURTS MEMORANDUM (DOC. NO. 19) AND ORDER (DOC. NO. 20) IN WILLIAMS-HOLLEY V. TEVA PHARMACEUTICALS USA, INC., CIVIL ACTION NO. 20-1613(HB)(E.D. PA. AUGUST 4, 2020), AND IN THIS COURTS MEMORANDUM IN BARCELO V. TEVA PHARMACEUTICALS USA, INC., CIVIL ACTION NO. 18-3984, 2019 WL 6117305 (E.D. PA. NOV. 18, 2019), IT IS HEREBY ORDERED THAT THIS ACTION IS TRANSFERRED PURSUANT TO 28 U.S.C. 1404(A) TO UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/24/20. 8/25/20 ENTERED AND COPIES E-MAILED. UNREP NOT MAILED. (va, ) [Transferred from Pennsylvania Eastern on 8/26/2020.] [Transferred from Pennsylvania Middle on 1/6/2021.]
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| Filing 14 STIPULATION TO TRANSFER VENUE TO THE UNITED STATES DISTRICTCOURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA, by COOPERSURGICAL, INC., DAWN SHANK, 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.. Certificate of Service. (va, ) [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 DAWN SHANK with Certificate of Service(HILL, KARA) [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 (md, ). [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 (md, ). [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) Modified on 8/18/2020 (md, ). [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 (md, ). [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 (md, ). [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) Modified on 8/18/2020 (md, ). [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 0313-14500774), from the Court of Common Pleas of Philadelphia County Case No. 200400779, 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 (md, ). [Transferred from Pennsylvania Eastern on 8/26/2020.] [Transferred from Pennsylvania Middle on 1/6/2021.] |
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