Bowers v. Teva Pharmaceuticals USA Inc et al
| Georgia Bowers |
| Teva Pharmaceuticals USA, Inc., TEVA WOMEN'S HEALTH, LLC, Cooper Companies, Inc., The, Teva Women's Health, Inc. doing business as TEVA WOMEN'S HEALTH, LLC and Coopersurgical Inc |
| 1:2021cv00071 |
| January 6, 2021 |
| U.S. 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 48
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 47
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 46 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 45
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 44 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 43
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 42
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 41 Case transferred in from District of South Carolina; Case Number 6:20-cv-03250. Original file certified copy of transfer order and docket sheet received. |
| Filing 40 Case transferred to Northern District of Georgia per certified copy of Conditional Transfer Order Number MDL No. 2974. The Transferring Clerk's Office hereby attests the record and the docket sheet available through CM/ECF to be the certified list. (kmca) [Transferred from South Carolina on 1/6/2021.] |
| Filing 39 TEXT ORDER granting #38 Consent Motion for Extension of Time. Plaintiff's response to #32 Motion to Dismiss is due seven (7) days following the ruling on Plaintiff's #24 Motion to Stay. Entered at the direction of the Honorable Timothy M Cain on 12/2/20.(kmca) [Transferred from South Carolina on 1/6/2021.] |
| Filing 38 Consent MOTION for Extension of Time to File Response/Reply as to #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Georgia Bowers. Response to Motion due by 12/16/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Declaration of Robert M. Hammers, Jr., #2 Proposed Order Order Granting Motion for Extension of Time)Proposed order is being emailed to chambers with copy to opposing counsel.(Goings, Robert) [Transferred from South Carolina on 1/6/2021.] |
| Filing 36 TEXT ORDER granting #35 Motion to Appear Pro Hac Vice. Attorney Rex A. Littrell added for Defendants. Entered at the direction of the Honorable Timothy M Cain on 11/20/20.(kmca) [Transferred from South Carolina on 1/6/2021.] |
| Filing 35 MOTION to Appear Pro Hac Vice by Rex A. Littrell ( Filing fee $ 350 receipt number 0420-9486264) by Cooper Companies Inc, The, CooperSurgical Inc, Teva Pharmaceuticals USA Inc, Teva Women's Health Inc, Teva Women's Health LLC. Response to Motion due by 12/4/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Application/Affidavit for Pro Hac Vice Admission, #2 Supporting Documents Certificate of Good Standing)No proposed order.(Lovell, Dennis) [Transferred from South Carolina on 1/6/2021.] |
| Filing 34 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by CooperSurgical Inc.(Lovell, Dennis) [Transferred from South Carolina on 1/6/2021.] |
| Filing 33 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Cooper Companies Inc, The.(Lovell, Dennis) [Transferred from South Carolina on 1/6/2021.] |
| Filing 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Cooper Companies Inc, The, CooperSurgical Inc. Response to Motion due by 12/3/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Memorandum in Support of Motion to Dismiss, #2 Exhibit Declaration of Cynthia Wallace, #3 Exhibit Asset Purchase Agreement)No proposed order.(Lovell, Dennis) [Transferred from South Carolina on 1/6/2021.] |
| Filing 31 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Teva Women's Health Inc.(Lovell, Dennis) [Transferred from South Carolina on 1/6/2021.] |
| Filing 30 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Teva Pharmaceuticals USA Inc.(Lovell, Dennis) [Transferred from South Carolina on 1/6/2021.] |
| Filing 29 REPLY by Teva Women's Health LLC to 28 Order,,,, Set Deadlines,,, . (Lovell, Dennis) [Transferred from South Carolina on 1/6/2021.] |
| Filing 28 TEXT ORDER. Jurisdiction in this matter is predicated upon diversity of citizenship pursuant to 28 U.S.C. 1332. Within ten (10) days of the date of this order, Defendant Teva Women's Health LLC is to inform the court of the citizenship of all members for the purpose of determining whether the requirements of federal subject matter jurisdiction are satisfied. See 28 U.S.C. 1332; Gen. Tech. Applications, Inc. v. Exro Ltda, 388 F. 3d 114, 121 (4th Cir. 2004) (holding that "[a limited liability company] is an unincorporated association, akin to a partnership for diversity purposes, whose citizenship is that of its members."). Entered at the direction of the Honorable Timothy M Cain on 11/17/20. (kmca) [Transferred from South Carolina on 1/6/2021.] |
| Filing 25 RESPONSE in Opposition re #24 MOTION to Stay Proceedings Pending a Decision by the Judicial Panel on Multidistrict Litigation Response filed by Teva Pharmaceuticals USA Inc, Teva Women's Health Inc, Teva Women's Health LLC.Reply to Response to Motion due by 11/23/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Lovell, Dennis) [Transferred from South Carolina on 1/6/2021.] |
| Filing 24 MOTION to Stay Proceedings Pending a Decision by the Judicial Panel on Multidistrict Litigation by Georgia Bowers. Response to Motion due by 11/23/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - MDL Motion and Memo in Support, #2 Exhibit B - Schedule of Actions, #3 Exhibit C - Orders)No proposed order.(Goings, Robert) (Main Document 24 replaced on 11/9/2020: to replace with corrected document (signature-pro hac vice) as provided by filing user) (kmca). [Transferred from South Carolina on 1/6/2021.] |
| Filing 23 TEXT ORDER granting #17 Motion to Appear Pro Hac Vice. Attorney Robert Melvin Hammers Jr added for Plaintiff. Entered at the direction of the Honorable Timothy M Cain on 11/2/20.(kmca) [Transferred from South Carolina on 1/6/2021.] |
| Filing 22 SUMMONS Returned Executed by Georgia Bowers. Cooper Companies Inc, The served on 9/17/2020, answer due 10/8/2020. NOTE: answer due 11/19/20 per 11 order. (Attachments: #1 Exhibit Proof of Service)(Goings, Robert) Modified on 10/30/2020: to edit text (answer due date & add note) (kmca). [Transferred from South Carolina on 1/6/2021.] |
| Filing 21 SUMMONS Returned Executed by Georgia Bowers. Teva Women's Health LLC served on 9/15/2020, answer due 10/6/2020. NOTE: answer due 10/20/20 per 9 order. (Attachments: #1 Exhibit Proof of Service)(Goings, Robert) Modified on 10/30/2020: to edit text (answer due date & add note) (kmca). [Transferred from South Carolina on 1/6/2021.] |
| Filing 20 SUMMONS Returned Executed by Georgia Bowers. Teva Women's Health Inc served on 9/15/2020, answer due 10/6/2020. NOTE: answer due 10/20/20 per 9 order. (Attachments: #1 Exhibit Proof of Service)(Goings, Robert) Modified on 10/30/2020: to edit text (answer due date & add note) (kmca). [Transferred from South Carolina on 1/6/2021.] |
| Filing 19 SUMMONS Returned Executed by Georgia Bowers. Teva Pharmaceuticals USA Inc served on 9/15/2020, answer due 10/6/2020. NOTE: answer due 10/20/20 per 9 order. (Attachments: #1 Exhibit Proof of Service)(Goings, Robert) Modified on 10/30/2020: to edit text (answer due date & add note)(kmca). [Transferred from South Carolina on 1/6/2021.] |
| Filing 18 SUMMONS Returned Executed by Georgia Bowers. CooperSurgical Inc served on 9/17/2020, answer due 10/8/2020. NOTE: answer due 11/19/20 per 11 order. (Attachments: #1 Exhibit Proof of Service)(Goings, Robert) Modified on 10/30/2020: to edit text (answer due date & add note) (kmca). [Transferred from South Carolina on 1/6/2021.] |
| Filing 17 MOTION to Appear Pro Hac Vice by Robert Melvin Hammers, Jr. ( Filing fee $ 350 receipt number 0420-9443264) by Georgia Bowers. Response to Motion due by 11/13/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Application for Pro Hac Vice Admission, #2 Supporting Documents Georgia Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Goings, Robert) [Transferred from South Carolina on 1/6/2021.] |
| Filing 14 ANSWER to #1 Complaint, for Damages by Teva Women's Health LLC.(Lovell, Dennis) [Transferred from South Carolina on 1/6/2021.] |
| Filing 13 ANSWER to #1 Complaint, for Damages by Teva Women's Health Inc.(Lovell, Dennis) [Transferred from South Carolina on 1/6/2021.] |
| Filing 12 ANSWER to #1 Complaint, for Damages by Teva Pharmaceuticals USA Inc.(Lovell, Dennis) [Transferred from South Carolina on 1/6/2021.] |
| Filing 11 TEXT ORDER granting #10 Second Unoppoosed Motion for Extension of Time to Answer re #1 Complaint. Cooper Companies Inc, The answer due 11/19/2020; CooperSurgical Inc answer due 11/19/2020. Entered at the direction of the Honorable Timothy M Cain on 10/19/20.(kmca) [Transferred from South Carolina on 1/6/2021.] |
| Filing 10 Second Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by Cooper Companies Inc, The, CooperSurgical Inc. Response to Motion due by 11/2/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Declaration of Rex A. Littrell (National Counsel for all Defendants))No proposed order.(Lovell, Dennis) Modified on 10/19/2020: to add text (unopposed) (kmca). [Transferred from South Carolina on 1/6/2021.] |
| Filing 9 TEXT ORDER granting #8 Consent Motion for Extension of Time to Answer re #1 Complaint. Cooper Companies Inc, The answer due 10/20/2020; CooperSurgical Inc answer due 10/20/2020; Teva Pharmaceuticals USA Inc answer due 10/20/2020; Teva Women's Health Inc answer due 10/20/2020; Teva Women's Health LLC answer due 10/20/2020. Entered at the direction of the Honorable Timothy M Cain on 10/6/20.(kmca) [Transferred from South Carolina on 1/6/2021.] |
| Filing 8 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by Cooper Companies Inc, The, CooperSurgical Inc, Teva Pharmaceuticals USA Inc, Teva Women's Health Inc, Teva Women's Health LLC. Response to Motion due by 10/20/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit (proposed) Order Granting Consent Motion for Extension of Time to Answer Complaint)Proposed order is being emailed to chambers with copy to opposing counsel.(Lovell, Dennis) [Transferred from South Carolina on 1/6/2021.] |
| Filing 7 NOTICE of Appearance by Dennis Gary Lovell, Jr on behalf of Cooper Companies Inc, The, CooperSurgical Inc, Teva Pharmaceuticals USA Inc, Teva Women's Health Inc, Teva Women's Health LLC (Lovell, Dennis) [Transferred from South Carolina on 1/6/2021.] |
| Filing 4 Summons Issued as to Cooper Companies Inc, The, CooperSurgical Inc, Teva Pharmaceuticals USA Inc, Teva Women's Health Inc, Teva Women's Health LLC. (Attachments: #1 Summons Teva Women's Health Inc, #2 Summons Teva Women's Health LLC, #3 Summons The Cooper Companies Inc, #4 Summons CooperSurgical Inc)(kmca) [Transferred from South Carolina on 1/6/2021.] |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Georgia Bowers.(kmca) [Transferred from South Carolina on 1/6/2021.] |
| Filing 1 COMPLAINT against Cooper Companies Inc, The; CooperSurgical Inc, Teva Pharmaceuticals USA Inc, Teva Women's Health Inc, Teva Women's Health LLC (Filing fee $400 receipt number 0420-9336331), filed by Georgia Bowers. Service due by 12/10/2020.(kmca) [Transferred from South Carolina on 1/6/2021.] |
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