Marelin Huerta v. Teva Pharmaceuticals, USA, Inc., et al
| Marelin Huerta |
| TEVA BRANDED PHARMACEUTICAL PRODUCTS R&D, INC., Teva Pharmaceuticals USA Inc, Teva Women's Health LLC, The Cooper Companies Inc, Coopersurgical Inc and Teva Women's Health Inc |
| 1:2021cv00251 |
| January 15, 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. § 1441 |
| 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 28
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 27
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 29 Mail Returned as undeliverable re #22 Order. Envelope reads: RTS, Unable to forward (ah) |
| Filing 26 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 25
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. (bdb) |
| Filing 24 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 23 Mail sent to Lauren A. Welling re #22 Order Returned as Undeliverable. Marked: Return to sender, attempted-not known, unable to forward. (jpk) |
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Filing 21
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 20 Case transferred in from District of California Central; Case Number 2:20-cv-11467. Original file certified copy of transfer order and docket sheet received. |
| Clerk's Certificate of Mailing as to Coopersurgical Inc, TEVA BRANDED PHARMACEUTICAL PRODUCTS R&D, INC., Teva Pharmaceuticals USA Inc, Teva Women's Health Inc, Teva Women's Health LLC, The Cooper Companies Inc re #21 Order. (aar) |
| Clerk's Certificate of Mailing as to Lauren A. Welling, Timothy M. Clark, KEVIN W. ALEXANDER, and ALLISON L. JONES re #22 Order. (tmf) |
| Filing 19 Conditional Transfer Order - (CTO-3) from the United States Judicial Panel on Multidistrict Litigation, MDL 2974, transferring case to USDC, Northern District of Georgia for coordinated or consolidated pretrial proceedings, and with the consent of that court, assigned to Honorable Leigh Martin May. Case transferred electronically. (MD JS-6. Case Terminated.) (jp) [Transferred from California Central on 1/15/2021.] |
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Filing 18
ORDER by Judge Dale S. Fischer re Stipulation to Continue #16 Hearing on Motion to Remand #13 set for 2/1/2021 to 3/1/2021. See Order for specifics. (jp) [Transferred from California Central on 1/15/2021.]
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| Filing 17 NOTICE of Entry of Order Transferring Case filed by Defendants CooperSurgical, Inc., Teva Branded Pharmaceutical Products R&D, Inc., Teva Pharmaceuticals, USA, Inc., Teva Women's Health, LLC, Teva Womens Health, Inc., The Cooper Companies, Inc.. (Jones, Allison) [Transferred from California Central on 1/15/2021.] |
| Filing 16 STIPULATION to Continue Motion to Remand from February 1, 2021 to March 1, 2021 Re: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #13 filed by Defendants CooperSurgical, Inc., Teva Branded Pharmaceutical Products R&D, Inc., Teva Pharmaceuticals, USA, Inc., Teva Women's Health, LLC, Teva Womens Health, Inc., The Cooper Companies, Inc.. (Attachments: #1 Proposed Order)(Jones, Allison) [Transferred from California Central on 1/15/2021.] |
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Filing 22
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 1/15/2021 to edit date(tmf).
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| Filing 15 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #13 (Attachments: #1 Proposed Order)(Welling, Lauren) [Transferred from California Central on 1/15/2021.] |
| Filing 14 NOTICE of Interested Parties filed by Plaintiff Marelin Huerta. (Welling, Lauren) [Transferred from California Central on 1/15/2021.] |
| Filing 13 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Marelin Huerta. Motion set for hearing on 2/1/2021 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Memorandum OF POINTS AND AUTHORITIES, #2 Exhibit A, Snyder and Garcia Remand Order, #3 Exhibit B, Cooper-Teva Purchase Agreement, #4 Exhibit C, LLC Conversion Certificate, #5 Proof of Service) (Welling, Lauren) [Transferred from California Central on 1/15/2021.] |
| Filing 12 STIPULATION Extending Time to Answer the complaint as to The Cooper Companies, Inc. answer now due 1/22/2021; CooperSurgical, Inc. answer now due 1/22/2021; Teva Branded Pharmaceutical Products R&D, Inc. answer now due 1/22/2021, re Complaint - (Discovery), filed by Defendants The Cooper Companies, Inc.; CooperSurgical, Inc.; Teva Branded Pharmaceutical Products R&D, Inc..(Jones, Allison) [Transferred from California Central on 1/15/2021.] |
| Filing 11 CERTIFICATE OF SERVICE filed by Defendants CooperSurgical, Inc., Teva Branded Pharmaceutical Products R&D, Inc., Teva Pharmaceuticals, USA, Inc., Teva Women's Health, LLC, Teva Womens Health, Inc., re Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #8 , Notice of Assignment to United States Judges(CV-18) - optional html form #7 , Initial Order upon Filing of Complaint - form only,, #9 , Initial Order Setting R26 Scheduling Conference - form only, #10 served on 12/22/2020. (Jones, Allison) [Transferred from California Central on 1/15/2021.] |
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Filing 10
ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Joint Report must include the completed Schedule of Pretrial and Trial dates. Lead trial counsel are ordered to appear in person unless counsel have been excused by the Court. Scheduling Conference set for 2/1/2021 at 11:00 AM before Judge Dale S. Fischer. (rfi) [Transferred from California Central on 1/15/2021.]
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Filing 9
STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (rfi) [Transferred from California Central on 1/15/2021.]
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| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) [Transferred from California Central on 1/15/2021.] |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and Magistrate Judge Alka Sagar. (esa) [Transferred from California Central on 1/15/2021.] |
| CONFORMED COPY OF COMPLAINT against defendants CooperSurgical, Inc., Teva Branded Pharmaceutical Products R&D, Inc., Teva Pharmaceuticals, USA, Inc., Teva Women's Health, LLC, Teva Womens Health, Inc., The Cooper Companies, Inc., Jury Demanded, filed by plaintiff Marelin Huerta. (filed in state court 10/23/20, submitted as document 1, attachment 2) (esa) [Transferred from California Central on 1/15/2021.] |
| Filing 6 NOTICE of Interested Parties filed by Defendants CooperSurgical, Inc., Teva Branded Pharmaceutical Products R&D, Inc., Teva Pharmaceuticals USA, Inc., Teva Womens Health, Inc., Teva Womens Health, LLC, The Cooper Companies, Inc., (Jones, Allison) [Transferred from California Central on 1/15/2021.] |
| Filing 5 ANSWER to Notice of Removal (Attorney Civil Case Opening),,, #1 filed by Defendant Teva Womens Health, LLC.(Jones, Allison) [Transferred from California Central on 1/15/2021.] |
| Filing 4 ANSWER to Notice of Removal (Attorney Civil Case Opening),,, #1 filed by Defendant Teva Womens Health, Inc..(Jones, Allison) [Transferred from California Central on 1/15/2021.] |
| Filing 3 ANSWER to Notice of Removal (Attorney Civil Case Opening),,, #1 filed by Defendant Teva Pharmaceuticals USA, Inc..(Jones, Allison) [Transferred from California Central on 1/15/2021.] |
| Filing 2 CIVIL COVER SHEET filed by Defendants CooperSurgical, Inc., Teva Branded Pharmaceutical Products R&D, Inc., Teva Pharmaceuticals USA, Inc., Teva Womens Health, Inc., Teva Womens Health, LLC, The Cooper Companies, Inc.. (Jones, Allison) [Transferred from California Central on 1/15/2021.] |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 20STCV40746 Receipt No: ACACDC-29607664 - Fee: $402, filed by Defendants The Cooper Companies, Inc., Teva Pharmaceuticals USA, Inc., Teva Womens Health, Inc., CooperSurgical, 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 CooperSurgical, Inc.(pty:dft), 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), Attorney Allison Lenore Jones added to party The Cooper Companies, Inc.(pty:dft))(Jones, Allison) [Transferred from California Central on 1/15/2021.] |
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