WILLIAMS HOLLEY v. TEVA PHARMACEUTICALS USA, INC. et al
| JACQUELINE WILLIAMS HOLLEY |
| Teva Pharmaceuticals USA, Inc., TEVA WOMEN'S HEALTH, INC., TEVA WOMEN'S HEALTH, LLC doing business as TEVA WOMEN'S HEALTH, INC., TEVA WOMEN'S HEALTH, LLC. and Duramed Pharmaceuticals Inc A DIVISION OF BARR PHARMACEUTICALS, INC. doing business as TEVA WOMEN'S HEALTH, INC. |
| 1:2021cv00110 |
| 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 45
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 44
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 43 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 42
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 41 Mail returned as undeliverable re #38 Order. Envelope reads: RTS, Not deliverable as addressed, Unable to forward. (ah) |
| 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 Randi Kassan on behalf of JACQUELINE WILLIAMS HOLLEY (Kassan, Randi) |
| Clerk's Certificate of Mailing as to BRIAN RUBENSTEIN, Kara D Hill, Rex Allen Littrell, and Douglas H. Sanders re #38 Order. (tmf) |
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Filing 38
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 37
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 36 Case transferred in from District of Ohio Southern; Case Number 2:20-cv-04210. Original file certified copy of transfer order and docket sheet received. |
| Filing 35 TRANSFER ORDER: This matter is ORDERED transferred to the Northern District of Georgia, assigned to the Honorable Leigh Martin May for coordinated or consolidated pretrial proceedings. Signed by the Chair of the Panel on 12/16/2020; certified by the Clerk's Office in Georgia Northern District on 12/29/2020. (er) [Transferred from Ohio Southern on 1/8/2021.] |
| Case transferred to District of Georgia Northern. Case file and docket sheet sent Electronically. (er) [Transferred from Ohio Southern on 1/8/2021.] |
| Filing 34 TRANSFER ORDER: Rule 2.1 of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, states "An order to transfer or remand pursuant to 28 U.S.C. 1407 shall be effective only upon its filing with the clerk of the transferee district court". This Court will receive a certified copy of this order from the transferee court along with notification of the newly assigned case number in that district. Signed by Clerk of the Panel John W. Nichols on 12/16/2020. (er) [Transferred from Ohio Southern on 1/8/2021.] |
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Filing 33
ORDER granting #32 Motion to Stay. Signed by Judge James L. Graham on 10/28/2020. (ds) [Transferred from Ohio Southern on 1/8/2021.]
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| Filing 32 MOTION to Stay Proceedings Pending a Decision by the Judicial Panel on Multidistrict Litigation by Plaintiff JACQUELINE WILLIAMS HOLLEY. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B) (Sanders, Douglas) [Transferred from Ohio Southern on 1/8/2021.] |
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Filing 31
PRELIMINARY PRETRIAL ORDER: The September 3, 2020 preliminary pretrial conference is VACATED. Joinder of Parties due by 10/14/2020. Motions to Amend due by 10/14/2020. Initial Disclosures due by 9/11/2020. Discovery due by 11/19/2021. Dispositive motions due by 12/10/2021. Primary Expert due by 9/22/2021. Rebuttal Expert due by 10/22/2021. Settlement Demand due by 3/22/2022. Response to Settlement Demand due by 4/15/2022. Mediation Deadline: 4/2022. Signed by Magistrate Judge Chelsey M. Vascura on 9/1/2020. (daf) [Transferred from Ohio Southern on 1/8/2021.]
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Filing 30
NOTATION ORDER Granting #29 Motion for Leave to Appear Pro Hac Vice of Kara D. Hill. Signed by Magistrate Judge Chelsey M. Vascura on 08/28/2020. (mdr) [Transferred from Ohio Southern on 1/8/2021.]
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| Filing 29 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7629249) of Kara D. Hill by Plaintiff JACQUELINE WILLIAMS HOLLEY. (Attachments: #1 Exhibit Certificate of Good Standing) (Sanders, Douglas) [Transferred from Ohio Southern on 1/8/2021.] |
| Filing 28 RULE 26(f) REPORT by Defendants TEVA WOMEN'S HEALTH, INC., TEVA WOMEN'S HEALTH, LLC, Teva Pharmaceuticals USA, Inc.. (Littrell, Rex) [Transferred from Ohio Southern on 1/8/2021.] |
| Filing 27 NOTICE of Appearance by Rex A Littrell for Defendants TEVA WOMEN'S HEALTH, INC., TEVA WOMEN'S HEALTH, LLC, Teva Pharmaceuticals USA, Inc. (Littrell, Rex) [Transferred from Ohio Southern on 1/8/2021.] |
| Filing 26 NOTICE of Appearance by Douglas H. Sanders for Plaintiff JACQUELINE WILLIAMS HOLLEY (Sanders, Douglas) [Transferred from Ohio Southern on 1/8/2021.] |
| Filing 25 NOTICE of Hearing: Initial Conference set for 9/3/2020 at 3:30 PM via Teleconference before Magistrate Judge Chelsey M. Vascura. (agm) [Transferred from Ohio Southern on 1/8/2021.] |
| Filing 24 Case transferred in from District of Pennsylvania Eastern; Case Number 2:20-cv-01613. Original file electronic copy of transfer order and docket sheet received. [Transferred from Ohio Southern on 1/8/2021.] |
| Judge James L. Graham and Magistrate Judge Chelsey M. Vascura added. (er) [Transferred from Ohio Southern on 1/8/2021.] |
| Filing 23 STIPULATION TO TRANSFER VENUE TO THE UNITED STATES DISTRICTCOURT FOR THE SOUTHERN DISTRICT OF OHIO, EASTERN DIVISION WITH CERTIFICATE OF SERVICE by TEVA PHARMACEUTICALS USA, INC., TEVA WOMEN'S HEALTH, INC., TEVA WOMEN'S HEALTH, LLC, TEVA WOMEN'S HEALTH, LLC.. (jaa, ) [Transferred from Pennsylvania Eastern on 8/18/2020.] [Transferred from Ohio Southern on 1/8/2021.] |
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Filing 22
ORDER THAT THIS ACTION IS TRANSFERRED PURSUANT TO 28 U.S.C. &1404 (a) TO UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO, EASTERN DIVISION; ETC.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/11/20. 8/11/20 ENTERED AND E-MAILED.(JL ) [Transferred from Pennsylvania Eastern on 8/18/2020.] [Transferred from Ohio Southern on 1/8/2021.]
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| Filing 21 Original Record together with certified copy of docket entries received from Court of Common Pleas of Philadelphia County. (nd, ) [Transferred from Pennsylvania Eastern on 8/18/2020.] [Transferred from Ohio Southern on 1/8/2021.] |
| PLEADINGS #16,19, 20 MAILED TO UNREP (JL ) [Transferred from Pennsylvania Eastern on 8/18/2020.] [Transferred from Ohio Southern on 1/8/2021.] |
| Filing 20 MEMORANDUM ORDER THAT THE MOTION OF PLAINTIFF TO REMAND THIS ACTION TO THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY (DOC. NO. #14 ) IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/4/20. 8/4/20 ENTERED AND COPIES NOT MAILED TO UNREP; E-MAILED.(amas, ) [Transferred from Pennsylvania Eastern on 8/18/2020.] [Transferred from Ohio Southern on 1/8/2021.] |
| Filing 19 MEMORANDUM. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/4/20. 8/4/20 ENTERED AND COPIES NOT MAILED TO UNREP; E-MAILED.(amas, ) [Transferred from Pennsylvania Eastern on 8/18/2020.] [Transferred from Ohio Southern on 1/8/2021.] |
| Filing 18 DEFENDANTS' SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO PLAINTIFF'S MOTION TO REMAND re #14 MOTION to Remand to State Court filed by TEVA PHARMACEUTICALS USA, INC., TEVA WOMEN'S HEALTH, INC., TEVA WOMEN'S HEALTH, LLC. (Attachments: #1 Exhibit 4, #2 Exhibit 5, #3 Exhibit 6)(RUBENSTEIN, BRIAN) Modified on 7/21/2020 (tjd). [Transferred from Pennsylvania Eastern on 8/18/2020.] [Transferred from Ohio Southern on 1/8/2021.] |
| Filing 17 Supplemental Memorandum In Support Of Plaintiff's re #14 MOTION to Remand to State Court filed by JACQUELINE WILLIAMS HOLLEY. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(HILL, KARA) Modified on 7/7/2020 (tjd). [Transferred from Pennsylvania Eastern on 8/18/2020.] [Transferred from Ohio Southern on 1/8/2021.] |
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Filing 16
ORDERED THAT PLAINTIFFS MAY TAKE THE DEPOSITION OF BRIANSHANAHAN ON OR BEFORE MONDAY, JUNE 22, 2020;THE DEPOSITION SHALL BE LIMITED TO FOUR HOURS;THE SUBJECT OF THE DEPOSITION SHALL BE LIMITED TO THE ISSUE OF THIS COURTS SUBJECT MATTER JURISDICTION BASED ONDIVERSITY OF CITIZENSHIP ON OR BEFORE 14 DAYS AFTER THE DEPOSITION OF BRIAN SHANAHAN, PLAINTIFFS MAY FILE AND SERVE A SUPPLEMENTAL BRIEF IN SUPPORT OF THEIR MOTIONS TO REMAND; AND TEVA PHARMACEUTICALS USA, INC. MAY FILE A SUPPLEMENTAL BRIEF IN OPPOSITION ON OR BEFORE 14 DAYS AFTER PLAINTIFFS FILE AND SERVE THEIR SUPPLEMENTAL BRIEF. SIGNED BY HONORABLE HARVEY BARTLE, III ON 5/21/20. 5/21/20 ENTERED AND COPIES E-MAILED. *NOT MAILED TO UNREP.(jaa, ) Modified on 5/21/2020 (jaa, ). [Transferred from Pennsylvania Eastern on 8/18/2020.] [Transferred from Ohio Southern on 1/8/2021.]
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| Filing 15 RESPONSE in Opposition re #14 MOTION to Remand to State Court filed by TEVA PHARMACEUTICALS USA, INC., TEVA WOMEN'S HEALTH, INC., TEVA WOMEN'S HEALTH, LLC, TEVA WOMEN'S HEALTH, LLC.. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 8/18/2020.] [Transferred from Ohio Southern on 1/8/2021.] |
| Filing 14 MOTION to Remand to State Court filed by JACQUELINE WILLIAMS HOLLEY.Memorandum. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(HILL, KARA) [Transferred from Pennsylvania Eastern on 8/18/2020.] [Transferred from Ohio Southern on 1/8/2021.] |
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Filing 13
ORDERED THAT PLAINTIFF SHALL FILE AND SERVE, ON OR BEFORE APRIL 24, 2020, ANY MOTION TO REMAND TOGETHER WITH SUPPORTING BRIEF; DEFENDANTS SHALL FILE AND SERVE ANY BRIEF IN OPPOSITION ON OR BEFORE MAY 15, 2020; AND THE COURT WILL THEREAFTER SCHEDULE A TELEPHONE CONFERENCE TO DISCUSS DISCOVERY ON THE ISSUE OF SUBJECT MATTER JURISDICTION. SIGNED BY HONORABLE HARVEY BARTLE, III ON 4/9/20. 4/9/20 ENTERED AND COPIES E-MAILED. *NOT MAILED TO UNREP. (jaa, ) [Transferred from Pennsylvania Eastern on 8/18/2020.] [Transferred from Ohio Southern on 1/8/2021.]
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| Filing 12 Minute Entry for proceedings held before HONORABLE HARVEY BARTLE, III Status Conference held on 4/9/20. (jaa, ) [Transferred from Pennsylvania Eastern on 8/18/2020.] [Transferred from Ohio Southern on 1/8/2021.] |
| Filing 11 NOTICE of Appearance by KARA D. HILL on behalf of JACQUELINE WILLIAMS HOLLEY with certificate of Service(HILL, KARA) [Transferred from Pennsylvania Eastern on 8/18/2020.] [Transferred from Ohio Southern on 1/8/2021.] |
| Filing 10 NOTICE of Appearance by FREDERICK M. ERNY on behalf of TEVA PHARMACEUTICALS USA, INC., TEVA WOMEN'S HEALTH, INC., TEVA WOMEN'S HEALTH, LLC with Jury Demand and Certificate of Service(ERNY, FREDERICK) [Transferred from Pennsylvania Eastern on 8/18/2020.] [Transferred from Ohio Southern on 1/8/2021.] |
| Filing 9 NOTICE of Hearing: STATUS CONFERENCE VIA TELEPHONE CONFERENCE SET FOR 4/9/2020 02:30 PM BEFORE HONORABLE HARVEY BARTLE III. ADDITIONAL CONFERENCE INFORMATION CONTAINED HEREIN.(km, ) [Transferred from Pennsylvania Eastern on 8/18/2020.] [Transferred from Ohio Southern on 1/8/2021.] |
| Filing Fee for NOTICE OF REMOVAL by TEVA PHARMACEUTICALS USA, INC., TEVA WOMEN'S HEALTH, INC., TEVA WOMEN'S HEALTH, LLC, TEVA WOMEN'S HEALTH, LLC.. (Filing Fee $400, receipt number 0313-14204831). (RUBENSTEIN, BRIAN) Modified on 3/30/2020 (tjd). [Transferred from Pennsylvania Eastern on 8/18/2020.] [Transferred from Ohio Southern on 1/8/2021.] |
| Filing 8 Disclosure Statement Form pursuant to FRCP 7.1 Identifying Corporate Parent TEVA PHARMACEUTICAL INDUSTRIES LTD. for TEVA WOMEN'S HEALTH, INC.. by TEVA WOMEN'S HEALTH, INC. **(REFILED USING CORRECT EVENT, SEE DOCUMENT #3 FOR ORIGINAL FILING AND PDF)**.(tjd) [Transferred from Pennsylvania Eastern on 8/18/2020.] [Transferred from Ohio Southern on 1/8/2021.] |
| Filing 7 Disclosure Statement Form pursuant to FRCP 7.1 Identifying Corporate Parent TEVA PHARMACEUTICAL INDUSTRIES LTD. for TEVA WOMEN'S HEALTH, LLC. by TEVA WOMEN'S HEALTH, LLC. **(REFILED USING CORRECT EVENT, SEE DOCUMENT #3 FOR ORIGINAL FILING AND PDF)**(tjd) [Transferred from Pennsylvania Eastern on 8/18/2020.] [Transferred from Ohio Southern on 1/8/2021.] |
| Filing 6 Disclosure Statement Form pursuant to FRCP 7.1 Identifying Corporate Parent TEVA PHARMACEUTICAL INDUSTRIES LTD. for TEVA PHARMACEUTICALS USA, INC.. by TEVA PHARMACEUTICALS USA, INC.**(REFILED USING CORRECT EVENT, SEE DOCUMENT #3 FOR ORIGINAL FILING AND PDF)**.(tjd) [Transferred from Pennsylvania Eastern on 8/18/2020.] [Transferred from Ohio Southern on 1/8/2021.] |
| DEMAND for Trial by Jury by JACQUELINE WILLIAMS HOLLEY. (tjd, ) [Transferred from Pennsylvania Eastern on 8/18/2020.] [Transferred from Ohio Southern on 1/8/2021.] |
| Filing 5 ANSWER to Complaint by TEVA WOMENS HEALTH LLC.(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 8/18/2020.] [Transferred from Ohio Southern on 1/8/2021.] |
| Filing 4 ANSWER to Complaint by TEVA WOMEN'S HEALTH INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 8/18/2020.] [Transferred from Ohio Southern on 1/8/2021.] |
| Filing 3 NOTICE OF REMOVAL filed by TEVA WOMEN'S HEALTH INC., TEVA PHARMACEUTICALS USA, INC., TEVA WOMEN'S HEALTH, LLC. from COURT OF COMMON PLEAS PHILADELPHIA COUNTY, 20200300473. (Attachments: #1 Designation Form, #2 Designation Form, #3 Designation Form)(RUBENSTEIN, BRIAN) Modified on 3/26/2020 (tjd). [Transferred from Pennsylvania Eastern on 8/18/2020.] [Transferred from Ohio Southern on 1/8/2021.] |
| Filing 2 ANSWER to Complaint by TEVA PHARMACEUTICALS USA, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 8/18/2020.] [Transferred from Ohio Southern on 1/8/2021.] |
| Filing 1 NOTICE OF REMOVAL by TEVA WOMEN'S HEALTH INC., TEVA PHARMACEUTICALS USA, INC., TEVA WOMEN'S HEALTH, LLC , filed by TEVA WOMEN'S HEALTH INC., TEVA PHARMACEUTICALS USA, INC., TEVA WOMEN'S HEALTH, LLC.**(FILED IN ERROR BY ATTY, INCOMPLETE PDF, ATTY REFILED AT DOCUMENT #3 )** (Attachments: #1 Designation Form, #2 Designation Form, #3 Designation Form)(RUBENSTEIN, BRIAN) Modified on 3/26/2020 (tjd). Modified on 3/26/2020 (tjd, ). [Transferred from Pennsylvania Eastern on 8/18/2020.] [Transferred from Ohio Southern on 1/8/2021.] |
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