Mueller v. Teva Pharmaceuticals USA Inc et al
| Tania Mueller |
| Teva Pharmaceuticals USA, Inc., TEVA WOMEN'S HEALTH, LLC, Cooper Companies, Inc., The, TEVA BRANDED PHARMACEUTICAL PRODUCTS R&D, INC. and Coopersurgical Inc |
| 1:2021cv00298 |
| January 19, 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 36
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 35
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 34 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 33
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 32 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 31 NOTICE of Appearance by Fidelma L Fitzpatrick on behalf of Tania Mueller (Fitzpatrick, Fidelma) |
| Filing 30 NOTICE of Appearance by Erin K. Copeland on behalf of Tania Mueller (Copeland, Erin) |
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Filing 29
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).
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Filing 28
NINTH GENERAL ORDER IN RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (aar)
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| Filing 27 Case transferred in from District of South Carolina; Case Number 2:20-cv-03899. Original file certified copy of transfer order and docket sheet received. |
| Filing 26 Case transferred to Northern District of Georgia per certified copy of Conditional Transfer Order Number 4. The Transferring Clerk's Office hereby attests the record and the docket sheet available through CM/ECF to be the certified list.. (jbry, ) [Transferred from South Carolina on 1/19/2021.] |
| Clerk's Certificate of Mailing as to Chelsea Lane Monroe re #29 Order. (tmf) |
| Submission of #25 MOTION to Vacate Order Granting Dismissal to certain Defendants, to District Judge Leigh Martin May. (aar) |
| Clerk's Certificate of Mailing as to Tania Mueller re #28 Order. (aar) |
| Filing 25 MOTION to Vacate Order Granting Dismissal to certain Defendants by Tania Mueller. Response to Motion due by 2/1/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support Memorandum in Support of Plaintiff's Motion to Vacate, #2 Exhibit Exhibit A MDL 2974 Transfer Order, #3 Exhibit Exhibit B Conditional Transfer Order)No proposed order.(Monroe, Chelsea) [Transferred from South Carolina on 1/19/2021.] |
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Filing 23
ORDER granting #14 Motion to Dismiss for Lack of Jurisdiction. Defendants The Cooper Companies, Inc. and CooperSurgical, Inc. are hereby DISMISSED from the case. Signed by Honorable David C Norton on 1/15/2021.(jbry, ) [Transferred from South Carolina on 1/19/2021.]
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Filing 29
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 22 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Teva Branded Pharmaceutical Products R&D Inc.(Lovell, Dennis) [Transferred from South Carolina on 1/19/2021.] |
| Filing 21 Defendant Teva Pharmaceutical Products R&D, Inc.'s ANSWER to #5 Amended Complaint, by Teva Branded Pharmaceutical Products R&D Inc.(Lovell, Dennis) [Transferred from South Carolina on 1/19/2021.] |
| Filing 20 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Teva Women's Health LLC.(Lovell, Dennis) [Transferred from South Carolina on 1/19/2021.] |
| Filing 19 Defendant Teva Women's Health, LLC's ANSWER to #5 Amended Complaint, by Teva Women's Health LLC.(Lovell, Dennis) [Transferred from South Carolina on 1/19/2021.] |
| Filing 18 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Teva Pharmaceuticals USA Inc.(Lovell, Dennis) [Transferred from South Carolina on 1/19/2021.] |
| Filing 17 Defendant Teva Pharmaceuticals USA, Inc.'s ANSWER to #5 Amended Complaint, by Teva Pharmaceuticals USA Inc.(Lovell, Dennis) [Transferred from South Carolina on 1/19/2021.] |
| Filing 16 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Coopersurgical Inc.(Lovell, Dennis) [Transferred from South Carolina on 1/19/2021.] |
| Filing 15 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Cooper Companies Inc, The.(Lovell, Dennis) [Transferred from South Carolina on 1/19/2021.] |
| Filing 14 MOTION to Dismiss for Lack of Jurisdiction by Cooper Companies Inc, The, Coopersurgical Inc. Response to Motion due by 1/13/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support of Defendants The Cooper Companies, Inc. and CooperSurgical, Inc.'s Motion to Dismiss Amended Complaint, #2 Supporting Documents Declaration of Cynthia Wallace, #3 Supporting Documents Asset Purchase Agreement)No proposed order.(Lovell, Dennis) [Transferred from South Carolina on 1/19/2021.] |
| Filing 13 AFFIDAVIT of Service on all Defendants, filed by Tania Mueller., SUMMONS Returned Executed by Tania Mueller. All Defendants. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit, #4 Affidavit)(Monroe, Chelsea) (Main Document 13 replaced on 12/29/2020) (jbry, ). Modified on 12/29/2020 to replace document with corrected signature as provided by filing user (jbry, ). [Transferred from South Carolina on 1/19/2021.] |
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Filing 12
ORDER granting #11 Motion for Extension of Time to Answer re #5 Amended Complaint, All Defendants' answers due December 31, 2020. Signed by Honorable David C Norton on 12/14/2020.(jbry, ) [Transferred from South Carolina on 1/19/2021.]
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| Filing 11 Consent MOTION for Extension of Time to File Answer re #1 Complaint by Cooper Companies Inc, The, Coopersurgical Inc, Teva Branded Pharmaceutical Products R&D Inc, Teva Pharmaceuticals USA Inc, Teva Women's Health LLC. Response to Motion due by 12/29/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order (proposed) Order on Consent Motion for Extension of Time to Answer Complaint)No proposed order.(Lovell, Dennis) [Transferred from South Carolina on 1/19/2021.] |
| Filing 10 NOTICE of Appearance by Dennis Gary Lovell, Jr on behalf of Teva Women's Health LLC (Lovell, Dennis) [Transferred from South Carolina on 1/19/2021.] |
| Filing 9 NOTICE of Appearance by Dennis Gary Lovell, Jr on behalf of Cooper Companies Inc, The, Coopersurgical Inc, Teva Branded Pharmaceutical Products R&D Inc, Teva Pharmaceuticals USA Inc (Lovell, Dennis) [Transferred from South Carolina on 1/19/2021.] |
| Filing 8 Summons Issued as to Cooper Companies Inc, The, Coopersurgical Inc, Teva Branded Pharmaceutical Products R&D Inc, Teva Pharmaceuticals USA Inc, Teva Women's Health LLC. (sshe, ) [Transferred from South Carolina on 1/19/2021.] |
| Filing 6 Local Rule 26.01 Answers to Interrogatories by Tania Mueller.(Monroe, Chelsea) Filed correctly as separate entry event as of original filing date(sshe, ) [Transferred from South Carolina on 1/19/2021.] |
| Filing 5 AMENDED COMPLAINT against All Defendants, filed by Tania Mueller. Service due by 2/16/2021 (Attachments: # 1 Removed LR 26.01 Answers Amended Answers to Interrogatories, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons) (Monroe, Chelsea) Modified on 11/18/2020 to remove attachment and file separately as document #6 (sshe, ). [Transferred from South Carolina on 1/19/2021.] |
| Filing 3 Summons Issued as to All Defendants. (jbry, ) Modified on 11/9/2020 to correct filing date (jbry, ). [Transferred from South Carolina on 1/19/2021.] |
| Filing 2 Local Rule 26.01 Answers to Interrogatories by Tania Mueller.(jbry, ) [Transferred from South Carolina on 1/19/2021.] |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0420-9458259.), filed by Tania Mueller. Service due by 2/4/2021(jbry, ) [Transferred from South Carolina on 1/19/2021.] |
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