Sagen Flowers v. Teva Womens Health, LLC et al
| Sagen Flowers |
| TEVA WOMEN'S HEALTH, LLC, The Cooper Companies, Inc., Teva Pharmaceuticals USA Inc, Coopersurgical Inc, Teva Branded Pharmaceutical Products R and D, Inc. and Teva Women's Health Inc |
| 1:2021cv00214 |
| January 13, 2021 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Leigh Martin May |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 18, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 34
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)
|
|
Filing 33
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)
|
| Filing 32 Clerk's Certificate of Mailing re #34 ORDER INITIAL CONFERENCE (as to attached list). Associated Cases: 1:20-md-02974-LMM et al.(tmf) |
|
Filing 31
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)
|
| Civil Case Terminated. (rlb) |
| Filing 30 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 29 Mail sent to Lauren A. Welling re #26 Order Returned as Undeliverable. Marked: Return to sender, attempted-not known, unable to forward. (jpk) |
| Filing 28 Mail sent to Timothy M. Clark re #26 Order Returned as Undeliverable. Marked: Return to sender, unable to forward. (jpk) |
| Filing 27 NOTICE of Appearance by Randi Kassan on behalf of Sagen Flowers (Kassan, Randi) |
| Clerk's Certificate of Mailing as to KEVIN W. ALEXANDER, ALLISON L. JONES, Lauren A. Welling, and Timothy M. Clark re #26 Order. (tmf) |
|
Filing 26
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 1/22/2021 to modify file date of order to date case was transferred in(rvb).
|
|
Filing 25
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)
|
| Filing 24 Case transferred in from District of California Central; Case Number 2:20-cv-10128. Original file certified copy of transfer order and docket sheet received. |
| Filing 23 Conditional Transfer Order - 3 from the United States Judicial Panel on Multidistrict Litigation, MDL 2974, transferring case to USDC, Northern District of Georgia and assigned to Honorable Leigh Martin May. Case transferred electronically. (iv) [Transferred from California Central on 1/13/2021.] |
| Clerk's Certificate of Mailing as to Coopersurgical Inc, TEVA WOMEN'S HEALTH, LLC, Teva Branded Pharmaceutical Products R and D, Inc., Teva Pharmaceuticals USA Inc, Teva Women's Health Inc, The Cooper Companies, Inc. re #25 Order. (aar) |
| Submission of #12 , #11 , #10 , to District Judge Leigh Martin May. (aar) |
|
Filing 22
MINUTES (IN CHAMBERS) ORDER RE: MOTION TO REMAND CASE TO LOS ANGELES COUNTY SUPERIOR COURT #12 by Judge Michael W. Fitzgerald. This Court was divested of its jurisdiction to rule on the pending Remand Motion on January 4, 2021. The District Court for the Northern District of Georgia has exclusive jurisdiction over this action, including all pending motions. (iv) [Transferred from California Central on 1/13/2021.]
|
| Filing 21 Joint STIPULATION to Continue Motion to Dimiss from February 1, 2021 to March 1, 2021 Re: NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFFS COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(2) AND 12(b)(6) #11 , NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFFS COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(2) AND 12(b)(6) #10 filed by Plaintiff Sagen Flowers. (Attachments: #1 Proposed Order)(Welling, Lauren) [Transferred from California Central on 1/13/2021.] |
| Filing 20 MINUTES OF MOTION TO REMAND #12 held before Judge Michael W. Fitzgerald. Case called, and counsel make their appearance. The Court invites counsel to present their oral arguments. Arguments by counsel are heard. For the reasons stated on the record, the Court takes the matter under submission. An order will issue. Court Reporter: Amy Diaz. (iv) [Transferred from California Central on 1/13/2021.] |
| Filing 19 NOTICE of Entry of Order Transferring Case filed by Defendants Teva Branded Pharmaceutical Products R and D, Inc., Teva Pharmaceuticals USA, Inc., Teva Womens Health, Inc., Teva Womens Health, LLC. (Attachments: #1 Supplement)(Jones, Allison) [Transferred from California Central on 1/13/2021.] |
|
Filing 18
SCHEDULING NOTICE AND ORDER by Judge Michael W. Fitzgerald. Pursuant to General Order 20-09, the MOTION TO REMAND #12 set for January 11, 2021 will be held telephonically at 10:00 a.m. Counsel shall use the following conference call information: Number: (877) 411-9748; Access Code: 6448503. Counsel are ordered to remain available from 10:00 a.m. - 11:00 a.m. Any tentative ruling the Court may prepare, will be emailed to counsel prior to the hearing. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY [Transferred from California Central on 1/13/2021.]
|
| Filing 17 REPLY In Support of NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #12 filed by Plaintiff Sagen Flowers. (Attachments: #1 Exhibit A, Garcia Remand Order, #2 Exhibit B, Snyder Remand Order)(Welling, Lauren) [Transferred from California Central on 1/13/2021.] |
| Filing 16 OPPOSITION to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #12 filed by Defendants Teva Branded Pharmaceutical Products R and D, Inc., Teva Pharmaceuticals USA, Inc., Teva Womens Health, Inc., Teva Womens Health, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Jones, Allison) [Transferred from California Central on 1/13/2021.] |
|
Filing 15
ORDER GRANTING JOINT STIPULATION RE BRIEFING SCHEDULE AND HEARING ON MOTIONS TO DISMISS #10 and #11 by Judge Michael W. Fitzgerald. Plaintiff's Oppositions to Defendants Motions to Dismiss shall be filed no later than January 11, 2021; Defendants Replies, if any, shall be filed no later than January 19, 2021. The hearing on Defendants' Motions to Dismiss is continued to February 1, 2021, at 10:00 a.m. (iv) [Transferred from California Central on 1/13/2021.]
|
| Filing 14 Joint STIPULATION for Extension of Time to File Response as to NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFFS COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(2) AND 12(b)(6) #11 , NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFFS COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(2) AND 12(b)(6) #10 filed by Plaintiff Sagen Flowers. (Attachments: #1 Declaration of Lauren Welling, #2 Proposed Order)(Welling, Lauren) [Transferred from California Central on 1/13/2021.] |
| Filing 13 NOTICE of Interested Parties filed by Plaintiff Sagen Flowers. (Welling, Lauren) [Transferred from California Central on 1/13/2021.] |
| Filing 12 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Sagen Flowers. Motion set for hearing on 1/11/2021 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO REMAND CASE TO CALIFORNIA STATE COURT, #2 Exhibit A Proof of Service of Summons-Cooper, #3 Exhibit B Cooper-Teva purchase agreement, #4 Exhibit C LLC Conversion Certificate, #5 Proposed Order, #6 Certificate of Service) (Welling, Lauren) [Transferred from California Central on 1/13/2021.] |
| Filing 11 NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFFS COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(2) AND 12(b)(6) filed by Defendant Teva Pharmaceuticals USA, Inc.. Motion set for hearing on 1/11/2021 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum, #2 Proposed Order, #3 Certificate of Service) (Jones, Allison) [Transferred from California Central on 1/13/2021.] |
| Filing 10 NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFFS COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(2) AND 12(b)(6) filed by Defendant Teva Branded Pharmaceutical Products R and D, Inc.. Motion set for hearing on 1/11/2021 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum, #2 Proposed Order, #3 Certificate of Service) (Jones, Allison) [Transferred from California Central on 1/13/2021.] |
| Filing 9 ANSWER to Complaint - (Discovery), filed by Defendant Teva Womens Health, LLC.(Jones, Allison) [Transferred from California Central on 1/13/2021.] |
| Filing 8 ANSWER to Complaint - (Discovery), filed by Defendant Teva Womens Health, Inc..(Jones, Allison) [Transferred from California Central on 1/13/2021.] |
| Filing 7 STIPULATION Extending Time to Answer the complaint as to Teva Pharmaceuticals USA, Inc. answer now due 11/20/2020; Teva Womens Health, Inc. answer now due 11/20/2020; Teva Womens Health, LLC answer now due 11/20/2020; Teva Branded Pharmaceutical Products R and D, Inc. answer now due 11/20/2020, re Complaint - (Discovery), filed by Defendants Teva Pharmaceuticals USA, Inc.; Teva Womens Health, Inc.; Teva Womens Health, LLC; Teva Branded Pharmaceutical Products R and D, Inc..(Jones, Allison) [Transferred from California Central on 1/13/2021.] |
| Filing 6 CERTIFICATE OF SERVICE filed by Defendants Teva Branded Pharmaceutical Products R and D, Inc., Teva Pharmaceuticals USA, Inc., Teva Womens Health, Inc., Teva Womens Health, LLC, re Notice of Removal (Attorney Civil Case Opening),, #1 , Notice of Assignment to United States Judges(CV-18) - optional html form #4 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #5 , Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties #3 served on November 10, 2020. (Jones, Allison) [Transferred from California Central on 1/13/2021.] |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (mrgo) [Transferred from California Central on 1/13/2021.] |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Alka Sagar. (mrgo) [Transferred from California Central on 1/13/2021.] |
| CONFORMED COPY OF STATE COURT COMPLAINT against defendants Teva Branded Pharmaceutical Products R and D, Inc., Teva Pharmaceuticals USA, Inc., Teva Womens Health, Inc., Teva Womens Health, LLC. Jury Demanded., filed by plaintiff Sagen Flowers. [Submitted as Exhibit B to Notice of Removal] (mrgo) [Transferred from California Central on 1/13/2021.] |
| Filing 3 NOTICE of Interested Parties filed by Defendants Teva Branded Pharmaceutical Products R&D, Inc., Teva Pharmaceuticals USA, Inc., Teva Womens Health, Inc., Teva Womens Health, LLC, (Jones, Allison) [Transferred from California Central on 1/13/2021.] |
| Filing 2 CIVIL COVER SHEET filed by Defendants Teva Branded Pharmaceutical Products R&D, Inc., Teva Pharmaceuticals USA, Inc., Teva Womens Health, Inc., Teva Womens Health, LLC. (Jones, Allison) [Transferred from California Central on 1/13/2021.] |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 20STCV34419 Receipt No: ACACDC-28853493 - Fee: $400, filed by Defendants Teva Pharmaceuticals USA, Inc., Teva Womens Health, Inc., Teva Womens Health, LLC, Teva Branded Pharmaceutical Products R&D, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Attorney Allison Lenore Jones added to party Teva Branded Pharmaceutical Products R&D, Inc.(pty:dft), Attorney Allison Lenore Jones added to party Teva Pharmaceuticals USA, Inc.(pty:dft), Attorney Allison Lenore Jones added to party Teva Womens Health, Inc.(pty:dft), Attorney Allison Lenore Jones added to party Teva Womens Health, LLC(pty:dft))(Jones, Allison) [Transferred from California Central on 1/13/2021.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Georgia Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
