Clayton v. Teva Pharmaceuticals USA, Inc. et al
| BEVERLY CLAYTON |
| Teva Women's Health LLC, Teva Pharmaceuticals USA, Inc., Teva Women's Health, LLC, Teva Women, The Cooper Companies, Inc., Teva Women's Health Inc., Coopersurgical, Inc. and Duramed Pharmaceuticals, Inc. a division of Barr Pharmaceuticals doing business as Teva Women's Health Inc. |
| 1:2021cv00137 |
| January 11, 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 |
| Plaintiff |
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 44
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 43
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 42 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 41
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 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) |
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Filing 39
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 38
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 37 Case transferred in from District of Maryland; Case Number 1:20-cv-03352. Original file certified copy of transfer order and docket sheet received. |
| Filing 36 MDL Certified Transfer ORDER. Signed by the Clerk of the MDL Panel. (bmhs, Deputy Clerk) [Transferred from Maryland on 1/11/2021.] |
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Filing 39
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 35
ORDER on #34 Plaintiff's Motion to Stay Proceedings Pending a Decision by the Judicial Panel on Multidistrict Litigation. Signed by Judge Ellen L. Hollander on 12/15/2020. (bmhs, Deputy Clerk) [Transferred from Maryland on 1/11/2021.]
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| Filing 34 MOTION to Stay Proceedings Pending a Decision by the Judicial Panel on Multidistrict Litigation by Beverly Clayton (Attachments: #1 Memorandum in Support, #2 Attachment, #3 Exhibit, #4 Exhibit, #5 Text of Proposed Order)(Mason, Roy) [Transferred from Maryland on 1/11/2021.] |
| Filing 33 MEMORANDUM to Counsel setting a conference call to discuss the appropriate schedule in this case. Signed by Judge Ellen L. Hollander on 12/3/2020. (bmhs, Deputy Clerk) [Transferred from Maryland on 1/11/2021.] |
| Filing 32 Docket Sheet from U.S. District Court for the Eastern District of Pennsylvania. (Attachments: #1 Cover Letter)(bmhs, Deputy Clerk) [Transferred from Maryland on 1/11/2021.] |
| Filing 31 NOTICE of Filing Notice of Removal by Teva Pharmaceuticals USA, Inc., Teva Women's Health Inc., Teva Women's Health LLC (bmhs, Deputy Clerk) [Transferred from Maryland on 1/11/2021.] |
| Filing 30 Praecipe for Rule to File Complaint by Beverly Clayton (bmhs, Deputy Clerk) [Transferred from Maryland on 1/11/2021.] |
| Filing 29 Summons Reissued as to Teva Pharmaceuticals USA, Inc. (bmhs, Deputy Clerk) [Transferred from Maryland on 1/11/2021.] |
| Filing 28 Praecipe to Reissue Writ of Summons. (bmhs, Deputy Clerk) [Transferred from Maryland on 1/11/2021.] |
| Filing 27 Summons Returned Executed as to Teva Pharmaceuticals USA, Inc. (bmhs, Deputy Clerk) [Transferred from Maryland on 1/11/2021.] |
| Filing 26 NOTICE of Entry of Appearance by Kara D. Hill as to Beverly Clayton (bmhs, Deputy Clerk) [Transferred from Maryland on 1/11/2021.] |
| Filing 25 Summons issued as to Teva Pharmaceuticals USA, Inc. (bmhs, Deputy Clerk) [Transferred from Maryland on 1/11/2021.] |
| Filing 24 Praecipe to Issue Writ of Summons. (bmhs, Deputy Clerk) [Transferred from Maryland on 1/11/2021.] |
| Filing 23 COMPLAINT against Coopersurgical, Inc., Duramed Pharmaceuticals, Inc., Teva Pharmaceuticals USA, Inc., Teva Women's Health Inc., Teva Women's Health LLC, Teva Women's Health, LLC, The Cooper Companies, Inc. filed by Beverly Clayton. (Attachments: #1 Civil Cover Sheet)(bmhs, Deputy Clerk) [Transferred from Maryland on 1/11/2021.] |
| THE ABOVE DOCUMENTS (23-31) ARE COPIES OF ORIGINAL PAPERS FILED IN THE PHILADELPHIA COUNTY COURT OF COMMON PLEAS TRIAL DIVISION. (bmhs, Deputy Clerk) [Transferred from Maryland on 1/11/2021.] |
| Filing 22 PAPERLESS ORDER granting #21 Motion to Appear Pro Hac Vice on behalf of Frederick Erny. Directing attorney Frederick Erny to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 11/25/2020. (srds, Deputy Clerk) [Transferred from Maryland on 1/11/2021.] |
| Filing 21 MOTION to Appear Pro Hac Vice for Frederick M. Erny (Filing fee $100, receipt number 0416-8982232.) by Coopersurgical, Inc., Duramed Pharmaceuticals, Inc., Teva Pharmaceuticals USA, Inc., Teva Women's Health Inc., Teva Women's Health LLC, Teva Women's Health, LLC, The Cooper Companies, Inc.(Schwartz, Christopher) [Transferred from Maryland on 1/11/2021.] |
| Filing 20 NOTICE of Appearance by Christopher Kip Schwartz on behalf of All Defendants (Schwartz, Christopher) [Transferred from Maryland on 1/11/2021.] |
| Filing 19 PAPERLESS ORDER granting #18 Motion to Appear Pro Hac Vice on behalf of Randi A Kassan. Directing attorney Randi A Kassan to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 11/23/2020. (srd, Deputy Clerk) [Transferred from Maryland on 1/11/2021.] |
| Filing 18 MOTION to Appear Pro Hac Vice for Randi Kassan (Filing fee $100, receipt number 0416-8975114.) by Beverly Clayton(Mason, Roy) [Transferred from Maryland on 1/11/2021.] |
| Filing 17 NOTICE of Appearance by Roy Lenard Mason on behalf of Beverly Clayton (Mason, Roy) [Transferred from Maryland on 1/11/2021.] |
| Filing 16 Correspondence from Clerk to Counsel re: Notification of Transfer Letter (c/emailed 11/18/2020)(ko, Deputy Clerk) [Transferred from Maryland on 1/11/2021.] |
| Filing 15 Case transferred in from District of Pennsylvania Eastern; Case Number 2:20-cv-04904. Original file certified copy of transfer order and docket sheet received. [Transferred from Maryland on 1/11/2021.] |
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Filing 14
ORDER THAT ACTION IS TRANSFERRED TO UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND, NORTHERN DIVISION PURSUANT TO 28 USC 1404(a). SIGNED BY HONORABLE HARVEY BARTLE, III ON 10/19/20. 10/19/20 ENTERED AND COPIES E-MAILED.(rf, ) [Transferred from Maryland on 1/11/2021.]
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| Filing 13 NOTICE of Appearance by RANDI KASSAN on behalf of BEVERLY CLAYTON (KASSAN, RANDI) [Transferred from Maryland on 1/11/2021.] |
| Filing 11 ANSWER to Complaint by THE COOPER COMPANIES, INC.(RUBENSTEIN, BRIAN) [Transferred from Maryland on 1/11/2021.] |
| Filing 10 ANSWER to Complaint by COOPERSURGICAL, INC..(RUBENSTEIN, BRIAN) [Transferred from Maryland on 1/11/2021.] |
| Filing 9 ANSWER to Complaint by TEVA PHARMACEUTICALS USA, INC..(RUBENSTEIN, BRIAN) [Transferred from Maryland on 1/11/2021.] |
| Filing 12 Original Record together with certified copy of docket entries received from Court of Common Pleas of Phila. County. (kw, ) [Transferred from Maryland on 1/11/2021.] |
| Filing 8 ANSWER to Complaint by TEVA WOMEN'S HEALTH LLC f/k/a Teva Women's Health, Inc..(RUBENSTEIN, BRIAN) [Transferred from Maryland on 1/11/2021.] |
| Filing 7 ANSWER to Complaint by TEVA WOMEN'S HEALTH INC., INDIVIDUALLY, AND AS SUCCESSOR IN INTEREST TO, DURAMED PHARMACEUTICALS, INC., A DIVISION OF BARR PHARMACEUTICALS, INC..(RUBENSTEIN, BRIAN) [Transferred from Maryland on 1/11/2021.] |
| Filing 6 Disclosure Statement Form pursuant to FRCP 7.1 including TEVA PHARMACEUTICALS INDUSTRIES LTD. by TEVA WOMEN'S HEALTH LLC f/k/a Teva Women's Health, Inc..(RUBENSTEIN, BRIAN) [Transferred from Maryland on 1/11/2021.] |
| Filing 5 Disclosure Statement Form pursuant to FRCP 7.1 including TEVA PHARMACEUTICALS INDUSTRIES LTD. by TEVA WOMEN'S HEALTH INC., INDIVIDUALLY, AND AS SUCCESSOR IN INTEREST TO, DURAMED PHARMACEUTICALS, INC., A DIVISION OF BARR PHARMACEUTICALS, INC..(RUBENSTEIN, BRIAN) [Transferred from Maryland on 1/11/2021.] |
| Filing 4 Disclosure Statement Form pursuant to FRCP 7.1 including TEVA PHARMACEUTICALS INDUSTRIES LTD. by TEVA PHARMACEUTICALS USA, INC..(RUBENSTEIN, BRIAN) [Transferred from Maryland on 1/11/2021.] |
| Filing 3 Disclosure Statement Form pursuant to FRCP 7.1 including THE COOPER COMPANIES, INC. by COOPERSURGICAL, INC..(RUBENSTEIN, BRIAN) [Transferred from Maryland on 1/11/2021.] |
| Filing 2 Disclosure Statement Form pursuant to FRCP 7.1 including VANGUARD GROUP, INC. by THE COOPER COMPANIES, INC.(RUBENSTEIN, BRIAN) [Transferred from Maryland on 1/11/2021.] |
| Filing 1 NOTICE OF REMOVAL by TEVA PHARMACEUTICALS USA, INC., TEVA WOMEN'S HEALTH INC., INDIVIDUALLY, AND AS SUCCESSOR IN INTEREST TO, DURAMED PHARMACEUTICALS, INC., A DIVISION OF BARR PHARMACEUTICALS, INC., DURAMED PHARMACEUTICALS, INC. A DIVISION OF BARR PHARMACEUTICALS, INC., D/B/A TEVA WOMEN'S HEALTH, INC., TEVA WOMEN'S HEALTH, LLC, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO TEVA'S WOMEN'S HEALTH, INC., COOPERSURGICAL, INC., THE COOPER COMPANIES, INC, TEVA WOMEN'S HEALTH LLC f/k/a Teva Women's Health, Inc. (Filing fee $ 400 receipt number 0313-14614202), filed by TEVA PHARMACEUTICALS USA, INC., TEVA WOMEN'S HEALTH INC., INDIVIDUALLY, AND AS SUCCESSOR IN INTEREST TO, DURAMED PHARMACEUTICALS, INC., A DIVISION OF BARR PHARMACEUTICALS, INC., DURAMED PHARMACEUTICALS, INC. A DIVISION OF BARR PHARMACEUTICALS, INC., D/B/A TEVA WOMEN'S HEALTH, INC., TEVA WOMEN'S HEALTH, LLC, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO TEVA'S WOMEN'S HEALTH, INC., COOPERSURGICAL, INC., THE COOPER COMPANIES, INC, TEVA WOMEN'S HEALTH LLC f/k/a Teva Women's Health, Inc..(RUBENSTEIN, BRIAN) [Transferred from Maryland on 1/11/2021.] |
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