McIntosh v. Teva Pharmaceuticals USA, Inc. et al
| Chanell Mcintosh |
| Teva Women's Health, LLC, Individually And As Successor In Interest To Teva Women's Health, Inc., Teva Pharmaceuticals USA Inc., TEVA WOMEN'S HEALTH, LLC f/k/a TEVA WOMEN'S HEALTH, INC., Coopersurgical, Inc., The Cooper Companies, Inc., Teva Women's Health Inc., Indvidiually, And As Successor In Interest To, Duramed Pharmaceuticals, Inc. A Division Of Barr Pharmaceuticals, Inc. and Duramed Pharmaceuticals, Inc. A Division Of Barr Pharmaceuticals, Inc. d/b/a Teva Women's Health, Inc. |
| 1:2021cv00109 |
| January 8, 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 35
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 34
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 33 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 32
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. (jed) |
| Filing 31 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 30 NOTICE of Appearance by Randi Kassan on behalf of Chanell Mcintosh (Kassan, Randi) |
| Clerk's Certificate of Mailing as to BRIAN RUBENSTEIN, Kara D Hill, Tobias Millrood, Barrett Enix, Brielle M. Hunt, and Kelly Marie Lippincott re #29 Order. (tmf) |
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Filing 29
PRACTICE AND PROCEDURE ORDER AND NOTICE OF INITIAL CONFERENCE: The Court will hold the initial case management conference via videoconference on February 9, 2021, at 10:00 a.m. (instructions found herein). Counsel will submit to the Court by January 25, 2021, a brief consolidated written statement indicating their preliminary understanding of the facts involved in the litigation and the critical factual and legal issues. Counsel will submit to the Court by January 25, 2021, a list of all companies affiliated with the parties and all counsel associated in the litigation. After the initial conference, all attorneys participating in these cases will be required to be registered with the Court's CM/ECF system. See order for further specifics and instructions. Signed by Judge Leigh Martin May on 1/7/2021. (tmf) Modified on 1/20/2021 to modify file date of order to date case was transferred in(rvb).
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Filing 28
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 27 Case transferred in from District of Virginia Eastern; Case Number 1:20-cv-00921. Original file certified copy of transfer order and docket sheet received. |
| Filing 26 Certified Transfer Order from MDL Panel regarding MDL 2974. Case electronically transferred to the Northern District of Georgia. (aott,) [Transferred from Virginia Eastern on 1/8/2021.] |
| Filing 25 Notice of Conditional Transfer Order from MDL Panel regarding MDL 2974. (aott) [Transferred from Virginia Eastern on 1/8/2021.] |
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Filing 24
ORDER granting #23 Motion to Stay. The action is HELD IN ABEYANCE pending the JPML's decision. The parties are further DIRECTED to notify the Court by filing a notice when the JPML renders its decision. Signed by District Judge Liam O'Grady on 11/5/2020. (dvanm, ) [Transferred from Virginia Eastern on 1/8/2021.]
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| Filing 23 MOTION to Stay Proceedings Pending a Decision by the JPML and Memorandum in Support by Chanell Mcintosh. (Attachments: #1 Exhibit A - MDL Motion and Brief in Support, #2 Exhibit B - Schedule of Actions Filed with JPML, #3 Proposed Order)(Hunt, Brielle) [Transferred from Virginia Eastern on 1/8/2021.] |
| Filing 22 STATE COURT RECORD received from USDC-EDPA. (One set of document with rubber band and placed in Civil File Room) (klau, ) [Transferred from Virginia Eastern on 1/8/2021.] |
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Filing 21
ORDER granting #20 Motion for Pro hac vice as to Tobias L. Millrood. Signed by District Judge Liam O'Grady on 09/22/2020. (dvanm, ) [Transferred from Virginia Eastern on 1/8/2021.]
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| Filing 20 Motion to appear Pro Hac Vice by Tobias L. Millrood and Certification of Local Counsel Brielle M. Hunt Filing fee $ 75, receipt number 0422-7406572. by Chanell Mcintosh. (Hunt, Brielle) [Transferred from Virginia Eastern on 1/8/2021.] |
| Filing 19 NOTICE of Appearance by Barrett James Enix on behalf of Chanell Mcintosh (Enix, Barrett) [Transferred from Virginia Eastern on 1/8/2021.] |
| Filing 18 NOTICE of Appearance by Michael G. Phelan on behalf of Chanell Mcintosh (Phelan, Michael) [Transferred from Virginia Eastern on 1/8/2021.] |
| Filing 17 NOTICE of Appearance by Brielle Marie Hunt on behalf of Chanell Mcintosh (Hunt, Brielle) [Transferred from Virginia Eastern on 1/8/2021.] |
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Filing 16
ORDER granting #15 Motion for Pro hac vice. Signed by District Judge Liam O'Grady on 9/4/2020. (rban, ) [Transferred from Virginia Eastern on 1/8/2021.]
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| Filing 15 Motion to appear Pro Hac Vice by Frederick Michael Erny and Certification of Local Counsel Kelly M. Lippincott Filing fee $ 75, receipt number 0422-7380432. by Coopersurgical, Inc., Duramed Pharmaceuticals, Inc. A Division Of Barr Pharmaceuticals, Inc. d/b/a Teva Women's Health, Inc., Duramed Pharmaceuticals, Inc. A Division Of Barr Pharmaceuticals, Inc. d/b/a Teva Women's Health, Inc., TEVA WOMEN'S HEALTH, LLC f/k/a TEVA WOMEN'S HEALTH, INC., Teva Pharmaceuticals USA Inc., Teva Women's Health Inc., Indvidiually, And As Successor In Interest To, Duramed Pharmaceuticals, Inc. A Division Of Barr Pharmaceuticals, Inc.. (Lippincott, Kelly) [Transferred from Virginia Eastern on 1/8/2021.] |
| Filing 14 NOTICE of Appearance by Kelly Marie Lippincott on behalf of Coopersurgical, Inc., Duramed Pharmaceuticals, Inc. A Division Of Barr Pharmaceuticals, Inc. d/b/a Teva Women's Health, Inc., Duramed Pharmaceuticals, Inc. A Division Of Barr Pharmaceuticals, Inc. d/b/a Teva Women's Health, Inc., TEVA WOMEN'S HEALTH, LLC f/k/a TEVA WOMEN'S HEALTH, INC., Teva Pharmaceuticals USA Inc., Teva Women's Health Inc., Indvidiually, And As Successor In Interest To, Duramed Pharmaceuticals, Inc. A Division Of Barr Pharmaceuticals, Inc., Teva Women's Health, LLC, Individually And As Successor In Interest To Teva Women's Health, Inc. (Lippincott, Kelly) [Transferred from Virginia Eastern on 1/8/2021.] |
| Filing 13 Case transferred in from District of Pennsylvania Eastern; Case Number 2:20-cv-03815. Original file and docket sheet received. [Transferred from Virginia Eastern on 1/8/2021.] |
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Filing 12
STIPULATION AND ORDER THAT THIS ACTION IS TRANSFERRED PURSUANT TO 28 U.S.C. SEC. 1404(a) TO U.S.D.C. FOR THE EASTERN DISTRICT OF VIRGINIA. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/11/20. (Attachments: #1 Stipulation) 8/12/20 ENTERED AND COPIES E-MAILED. "NOT MAILED TO UNREP PARTY"(kw, ) [Transferred from Pennsylvania Eastern on 8/14/2020.] [Transferred from Virginia Eastern on 1/8/2021.]
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| Filing 11 ANSWER to Complaint by THE COOPER COMPANIES, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 8/14/2020.] [Transferred from Virginia Eastern on 1/8/2021.] |
| Filing 10 ANSWER to Complaint by TEVA WOMEN'S HEALTH, LLC, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO TEVA WOMEN'S HEALTH, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 8/14/2020.] [Transferred from Virginia Eastern on 1/8/2021.] |
| Filing 9 ANSWER to Complaint by TEVA WOMEN'S HEALTH INC., INDVIDIUALLY, AND AS SUCCESSOR IN INTEREST TO, DURAMED PHARMACEUTICALS, INC. A DIVISION OF BARR PHARMACEUTICALS, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 8/14/2020.] [Transferred from Virginia Eastern on 1/8/2021.] |
| Filing 8 ANSWER to Complaint by TEVA PHARMACEUTICALS USA, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 8/14/2020.] [Transferred from Virginia Eastern on 1/8/2021.] |
| Filing 7 ANSWER to Complaint by COOPERSURGICAL, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 8/14/2020.] [Transferred from Virginia Eastern on 1/8/2021.] |
| Filing 6 Disclosure Statement Form pursuant to FRCP 7.1 by TEVA WOMEN'S HEALTH, LLC, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO TEVA WOMEN'S HEALTH, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 8/14/2020.] [Transferred from Virginia Eastern on 1/8/2021.] |
| Filing 5 Disclosure Statement Form pursuant to FRCP 7.1 by TEVA WOMEN'S HEALTH INC., INDVIDIUALLY, AND AS SUCCESSOR IN INTEREST TO, DURAMED PHARMACEUTICALS, INC. A DIVISION OF BARR PHARMACEUTICALS, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 8/14/2020.] [Transferred from Virginia Eastern on 1/8/2021.] |
| Filing 4 Disclosure Statement Form pursuant to FRCP 7.1 by TEVA PHARMACEUTICALS USA, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 8/14/2020.] [Transferred from Virginia Eastern on 1/8/2021.] |
| Filing 3 Disclosure Statement Form pursuant to FRCP 7.1 by COOPERSURGICAL, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 8/14/2020.] [Transferred from Virginia Eastern on 1/8/2021.] |
| Filing 2 Disclosure Statement Form pursuant to FRCP 7.1 by THE COOPER COMPANIES, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 8/14/2020.] [Transferred from Virginia Eastern on 1/8/2021.] |
| Filing 1 NOTICE OF REMOVAL by TEVA WOMEN'S HEALTH INC., INDVIDIUALLY, AND AS SUCCESSOR IN INTEREST TO, DURAMED PHARMACEUTICALS, INC. A DIVISION OF BARR PHARMACEUTICALS, INC., TEVA PHARMACEUTICALS USA, INC., THE COOPER COMPANIES, INC., TEVA WOMEN'S HEALTH, LLC, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO TEVA WOMEN'S HEALTH, INC., COOPERSURGICAL, INC. , COURT OF COMMON PLEAS PHILADELPHIA COUNTY, case number 200400229, (Filing fee $ 400 receipt number 0313-14473783), filed by TEVA WOMEN'S HEALTH INC., INDVIDIUALLY, AND AS SUCCESSOR IN INTEREST TO, DURAMED PHARMACEUTICALS, INC. A DIVISION OF BARR PHARMACEUTICALS, INC., TEVA PHARMACEUTICALS USA, INC., THE COOPER COMPANIES, INC., TEVA WOMEN'S HEALTH, LLC, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO TEVA WOMEN'S HEALTH, INC., COOPERSURGICAL, INC.(RUBENSTEIN, BRIAN) Modified on 8/6/2020 (tjd). [Transferred from Pennsylvania Eastern on 8/14/2020.] [Transferred from Virginia Eastern on 1/8/2021.] |
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