Kirkpatrick v. Teva Pharmaceuticals USA, Inc. et al
| Jonelle Kirkpatrick |
| Cooper Companies, Inc., The, Teva Pharmaceuticals USA Inc, Teva Women's Health LLC, Coopersurgical Inc and Teva Women's Health Inc doing business as Teva Women's Health LLC |
| 1:2021cv00136 |
| January 11, 2021 |
| US 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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Filing 43
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 42
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 41 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 40
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. (ddm) |
| Filing 39 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 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 12/08/2020. (aar)
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| Filing 36 Case transferred in from District of Hawaii; Case Number 1:20-cv-00444. Original file certified copy of transfer order and docket sheet received. |
| Submission of #16 MOTION to Dismiss for Lack of Jurisdiction , to District Judge Leigh Martin May. (aar) |
| Filing 34 CERTIFIED CONDITIONAL TRANSFER ORDER (CTO-1), MDL NO. 2974 Signed by John W. Nichols, Clerk of the Panel. The certified transfer order was received from the Northern District of Georgia on 1/8/2021. (emt, ) [Transferred from Hawaii on 1/11/2021.] |
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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)
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| Filing 33 TEXT ENTRY ORDER re ECF No. #32 (UNCERTIFIED) CONDITIONAL TRANSFER ORDER (CTO - 1), MDL NO. 2974 - signed by John W. Nichols, Clerk of the Panel on 12/29/2020. As stipulated in Rule 7.1(c) of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, transmittal of the order has been stayed 7 days to give any party an opportunity to oppose the transfer. The 7 - day period has now elapsed, no opposition was received, and the order is directed to the Clerk of the United States District Court for the N.D. Georgia for filing. The Panel governing statute, 28 U.S.C. 1407, requires that the transferee clerk transmit a certified copy of the Panel order to transfer to the clerk of the district court from which the action is being transferred. (emt, ) [Transferred from Hawaii on 1/11/2021.] |
| Filing 32 (UNCERTIFIED) CONDITIONAL TRANSFER ORDER (CTO - 1), MDL NO. 2974 - signed by John W. Nichols, Clerk of the Panel. Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. 1407 to the Northern District of Georgia for the reasons stated in the order of December 16, 2020, and, with the consent of that court, assigned to the Honorable Leigh Martin May. This order does not become effective until it is filed in the Office of the Clerk of the United States District Court for the Northern District of Georgia. The transmittal of this order to said Clerk shall be stayed 7 days from the entry thereof. If any party files a notice of opposition with the Clerk of the Panel within this 7 day period, the stay will be continued until further order of the Panel. (emt, ) [Transferred from Hawaii on 1/11/2021.] |
| Filing 31 EO: In light of the stipulation and order to stay proceedings in this case, see Dkt. No.29, the hearing on #16 Defendants Teva Pharmaceuticals USA, Inc., The Cooper Companies, Inc. and Coopersurgical, Inc.'s Motion to Dismiss Complaint set for January 14, 2021 is vacated.(JUDGE DERRICK K. WATSON)(tyk) [Transferred from Hawaii on 1/11/2021.] |
| Filing 30 EO: In light of the #29 Order Staying Case, the Rule 16 Scheduling Conference set for12/14/2020 is VACATED. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) [Transferred from Hawaii on 1/11/2021.] |
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Filing 29
STIPULATION TO STAY PROCEEDINGS; ORDER - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 12/11/2020. (emt, ) [Transferred from Hawaii on 1/11/2021.]
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| Filing 28 EO: In light of #26 Plaintiff Jonelle Kirkpatrick's Notice of Withdrawal Without Prejudice of Her Motion to Stay Proceedings Pending a Decision by the Judicial Panel on Multidistrict Litigation, the Court VACATES the hearing on #20 Plaintiff Jonelle Kirkpatrick's Motion to Stay Proceedings Pending a Decision by the Judicial Panel on Multidistrict Litigation set for January 14, 2021. The hearing on #16 Defendants Teva Pharmaceuticals USA, Inc., The Cooper Companies, Inc. and Coopersurgical, Inc.'s Motion to Dismiss Complaint remains set for January 14, 2021 at 9:30 a.m. before Judge Derrick K. Watson. (JUDGE DERRICK K. WATSON)(tyk) [Transferred from Hawaii on 1/11/2021.] |
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Filing 27
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO FREDERICK M. ERNY re #25 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 12/9/2020. (emt, ) [Transferred from Hawaii on 1/11/2021.]
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| Filing 26 NOTICE of Withdrawal of Motion by Steven E. Tom on behalf of Jonelle Kirkpatrick. (Tom, Steven) [Transferred from Hawaii on 1/11/2021.] |
| Filing 25 MOTION for Pro Hac Vice as to Frederick M. Erny Filing fee $ 300, receipt number 0975-2458052.Duane R. Miyashiro appearing for Defendants Cooper Companies, Inc., The, Coopersurgical, Inc., Teva Pharmaceuticals USA, Inc., Teva Women's Health, Inc., Teva Women's Health, LLC (Miyashiro, Duane) [Transferred from Hawaii on 1/11/2021.] |
| Filing 24 Plaintiff Jonelle Kirkpatrick's Rule 26(f) REPORT of Parties' Planning Meeting . (Tom, Steven) Modified on 12/8/2020 (emt, ). [Transferred from Hawaii on 1/11/2021.] |
| Filing 23 Defendants Teva Pharmaceuticals USA, Inc., Teva Women's Health, Inc., Teva Women's Health, LLC, The Cooper Companies, Inc. ,and Coopersurgical, Inc.'s Scheduling Conference Statement . (Attachments: #1 Certificate of Service)(Miyashiro, Duane) Modified on 12/8/2020 (emt, ). [Transferred from Hawaii on 1/11/2021.] |
| Filing 22 Plaintiff Jonelle Kirkpatrick's Rule 16 Scheduling Conference Statement . (Tom, Steven) Modified on 12/8/2020 (emt, ). [Transferred from Hawaii on 1/11/2021.] |
| ADVISORY ENTRY. Exhibits Not Attached as Separate PDFS - Please be advised that the exhibits included in Document #20 MOTION to Stay Proceedings Pending a Decision by the Judicial Panel on Multi-District Litigation filed by Jonelle Kirkpatrick, are comprised of several exhibits and not submitted as separate pdf attachments. See Section 5.0 Exhibits, of the CM/ECF Procedures Guide, for additional instructions on how to file exhibits as separate attachments to the main document. No further action is necessary. (emt, ) [Transferred from Hawaii on 1/11/2021.] |
| Filing 21 EO: On November 13, 2020, Defendants Coopersurgical, Inc., Teva Pharmaceuticals USA, Inc., and Cooper Companies, Inc. filed a motion to dismiss this case, Dkt. No. 16, which the Court scheduled for hearing on December 18, 2020, Dkt. No. 19. On November 19, 2020, Plaintiff Jonelle Kirkpatrick filed a motion to stay this case. Dkt. No. 20. In order to set the above-mentioned motions on simultaneous schedules, the Court VACATES the December 18, 2020 hearing on the motion to dismiss, and schedules a hearing on BOTH motions for January 14, 2021 at 9:30 a.m. Briefing for both motions shall be in accordance with Local Rule 7.2 based upon the January 14, 2021 hearing date. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk) [Transferred from Hawaii on 1/11/2021.] |
| Filing 20 MOTION to Stay Proceedings Pending a Decision by the Judicial Panel on Multi-District Litigation; Memorandum in Support of Motion; Declaration of Steven E. Tom; Exhibits "A"-"B"; Certificate of Conference Steven E. Tom appearing for Plaintiff Jonelle Kirkpatrick (Tom, Steven) Modified on 11/23/2020 (emt, ). [Transferred from Hawaii on 1/11/2021.] |
| Filing 19 NOTICE of Hearing on Motion #16 Defendants Teva Pharmaceuticals USA, Inc., the Cooper Companies, Inc., and Coopersurgical, Inc.'s Motion to Dismiss Complaint filed October14, 2020 [Dkt. No. 1] is SET for 12/18/2020 at 10:30 AM in Aha Kupono before JUDGE DERRICK K. WATSON. Briefing on the motion shall be in accordance with Local Rule 7.2 based on the hearing date.(shm) [Transferred from Hawaii on 1/11/2021.] |
| Filing 18 ANSWER to #1 Complaint with Jury Demand by Teva Women's Health, LLC. (Attachments: #1 Demand for Jury Trial, #2 Certificate of Service)(Miyashiro, Duane) [Transferred from Hawaii on 1/11/2021.] |
| Filing 17 ANSWER to #1 Complaint with Jury Demand by Teva Women's Health, Inc.. (Attachments: #1 Demand for Jury Trial, #2 Certificate of Service)(Miyashiro, Duane) [Transferred from Hawaii on 1/11/2021.] |
| Filing 16 MOTION to Dismiss for Lack of Jurisdiction Duane R. Miyashiro appearing for Defendants Coopersurgical, Inc., Teva Pharmaceuticals USA, Inc., Cooper Companies, Inc., The (Attachments: #1 Memorandum In Support of Motion to Dismiss, #2 Exhibit Exhibit A - Declaration of Cynthia Wallace, #3 Exhibit Exhibit B - Asset Purchase Agreement, #4 Certificate of Service)(Miyashiro, Duane) [Transferred from Hawaii on 1/11/2021.] |
| Filing 15 Corporate Disclosure Statement by Cooper Companies, Inc., The, Coopersurgical, Inc., Teva Pharmaceuticals USA, Inc., Teva Women's Health, Inc., Teva Women's Health, LLC. (Attachments: #1 Certificate of Service)(Miyashiro, Duane) [Transferred from Hawaii on 1/11/2021.] |
| Filing 14 NOTICE of Appearance by Jamie Christine S. Madriaga on behalf of Cooper Companies, Inc., The, Coopersurgical, Inc., Teva Pharmaceuticals USA, Inc., Teva Women's Health, Inc., Teva Women's Health, LLC on behalf of Cooper Companies, Inc., The, Coopersurgical, Inc., Teva Pharmaceuticals USA, Inc., Teva Women's Health, Inc., Teva Women's Health, LLC. (Attachments: #1 Certificate of Service)(Madriaga, Jamie Christine) [Transferred from Hawaii on 1/11/2021.] |
| Filing 13 NOTICE of Appearance by Duane R. Miyashiro on behalf of Cooper Companies, Inc., The, Coopersurgical, Inc., Teva Pharmaceuticals USA, Inc., Teva Women's Health, Inc., Teva Women's Health, LLC on behalf of Cooper Companies, Inc., The, Coopersurgical, Inc., Teva Pharmaceuticals USA, Inc., Teva Women's Health, Inc., Teva Women's Health, LLC. (Attachments: #1 Certificate of Service)(Miyashiro, Duane) [Transferred from Hawaii on 1/11/2021.] |
| Filing 12 SUMMONS Returned Executed by Jonelle Kirkpatrick. Teva Pharmaceuticals USA, Inc. served on 10/23/2020. (Lam, Michael) [Transferred from Hawaii on 1/11/2021.] |
| Filing 11 SUMMONS Returned Executed by Jonelle Kirkpatrick. Cooper Companies, Inc., The served on 10/23/2020. (Lam, Michael) [Transferred from Hawaii on 1/11/2021.] |
| Filing 10 SUMMONS Returned Executed by Jonelle Kirkpatrick. Teva Women's Health, LLC served on 10/23/2020. (Lam, Michael) [Transferred from Hawaii on 1/11/2021.] |
| Filing 9 SUMMONS Returned Executed by Jonelle Kirkpatrick. Teva Women's Health, Inc. served on 10/23/2020. (Lam, Michael) [Transferred from Hawaii on 1/11/2021.] |
| Filing 8 SUMMONS Returned Executed by Jonelle Kirkpatrick. Coopersurgical, Inc. served on 10/23/2020. (Lam, Michael) [Transferred from Hawaii on 1/11/2021.] |
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Filing 7
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO RANDI KASSAN re #6 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 10/20/2020. (emt, ) [Transferred from Hawaii on 1/11/2021.]
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| Filing 6 MOTION for Pro Hac Vice for Randi Kassan Filing fee $ 300, receipt number 0975-2435443.Michael L. Lam appearing for Plaintiff Jonelle Kirkpatrick (Lam, Michael) [Transferred from Hawaii on 1/11/2021.] |
| ADVISORY ENTRY. Submission of Proposed Orders - Please be advised that Document #6 MOTION for Pro Hac Vice for Randi Kassan Filing fee $ 300, receipt number 0975-2435443., requires the court's approval. If the filing party has not already done so, please email the proposed order in Microsoft Word format to Magistrate Judge Kenneth J. Mansfield at mansfield_orders@hid.uscourts.gov for consideration. See Section 10.4- Emailing of Proposed Orders and Stipulations to Chambers, of the CM/ECF Procedures Guide for additional instructions and a list of judge's email addresses. (emt, ) [Transferred from Hawaii on 1/11/2021.] |
| Filing 5 Summons Issued as to All Defendants. (jni) [Transferred from Hawaii on 1/11/2021.] |
| Filing 4 CIVIL Waiver of Service Packet - Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure (Attachments: #1 Notice of a Lawsuit and Request to Waive Service of a Summons, #2 Waiver of the Service of Summons)(jni) [Transferred from Hawaii on 1/11/2021.] |
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Filing 3
Order Setting Rule 16 Scheduling Conference is set for 9:30 AM on 12/14/2020 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 10/14/2020. (Attachments: #1 Memo Re: Corporate Disclosure Statements) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT.(jni) [Transferred from Hawaii on 1/11/2021.]
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| Filing 2 NOTICE of Case Assignment: Please reflect Civil case number CV 20-00444 DKW-KJM on all further pleadings.(jni) [Transferred from Hawaii on 1/11/2021.] |
| Filing 1 COMPLAINT and Summons against All Defendants ( Filing fee $ 400 receipt number 0975-2435127.), filed by Jonelle Kirkpatrick. (Attachments: #1 Civil Cover Sheet)(Lam, Michael) [Transferred from Hawaii on 1/11/2021.] |
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