Tow v. Teva Pharmaceuticals USA, Inc. et al
| Kayla Tow |
| Duramed Pharmaceuticals, Inc. a division of Barr Pharmaceuticals, Inc. doing business as Teva Women's Health Inc, Teva Women's Health LLC doing business as Teva Women's Health Inc, Teva Pharmaceuticals USA Inc, Teva Women's Health LLC, The Cooper Companies Inc, Coopersurgical Inc and Teva Women's Health Inc |
| 1:2021cv00576 |
| February 8, 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 33
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 32
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 31 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 30
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. (rvb) |
| Filing 29 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. (tmf) |
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Filing 28
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 27
TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 1/27/21. (aar)
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| Filing 26 Case transferred in from District of Illinois Southern; Case Number 3:21-cv-00092. Original file certified copy of transfer order and docket sheet received. |
| Filing 25 CONDITIONAL TRANSFER ORDER CTO-7 TRANSFERRING CASE TO OTHER DISTRICT. Case transferred to Northern District of Georgia in regard to MDL #2974 IN RE: PARAGARD IUD PRODUCTS LIABILITY LITIGATION(ack) [Transferred from Illinois Southern on 2/8/2021.] |
| Filing 24 Letter to Attorney's of Record (ack) [Transferred from Illinois Southern on 2/8/2021.] |
| Filing 23 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Gilbert C. Sison pursuant to Administrative Order No. 257. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in the case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 257, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or nonconsent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: All Parties. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 21-92-GCS. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 2/16/2021 (ack) [Transferred from Illinois Southern on 2/8/2021.] |
| Filing 22 Case transferred in from District of Pennsylvania Eastern; Case Number 2:20-cv-05247. Original file certified copy of transfer order and docket sheet received. [Transferred from Illinois Southern on 2/8/2021.] |
| Original record transferred to the U.S. District Court for the Southern District of Illinois via inter-district transfer system. (fb) [Transferred from Pennsylvania Eastern on 1/25/2021.] [Transferred from Illinois Southern on 2/8/2021.] |
| ***Civil Case Terminated. (fb) [Transferred from Pennsylvania Eastern on 1/25/2021.] [Transferred from Illinois Southern on 2/8/2021.] |
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Filing 21
STIPULATION AND ORDER THAT THIS ACTION IS TRANSFERRED TO UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 12/16/20. 12/16/20 ENTERED AND COPIES E-MAILED. (Attachments: #1 Order)(mbh, ) [Transferred from Pennsylvania Eastern on 1/25/2021.] [Transferred from Illinois Southern on 2/8/2021.]
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| Filing 20 AFFIDAVIT of Service re: served Civil Action Complaint/Notice to Plead Teva Pharmaceuticals USA, Inc. on 10/30/2020 (KASSAN, RANDI) [Transferred from Pennsylvania Eastern on 1/25/2021.] [Transferred from Illinois Southern on 2/8/2021.] |
| Filing 19 AFFIDAVIT of Service re: served Civil Action Complaint/Notice to Plead Teva Women's Health, LLC f/k/a Teva Women's Health, Inc. on 10/30/2020 (KASSAN, RANDI) [Transferred from Pennsylvania Eastern on 1/25/2021.] [Transferred from Illinois Southern on 2/8/2021.] |
| Filing 18 AFFIDAVIT of Service re: served Civil Action Complaint/Notice to Plead Duramed Pharmaceuticals, Inc., a division of Barr Pharmaceuticals, Inc. d/b/a Teva Women's Health, Inc. on 10/30/2020 (KASSAN, RANDI) [Transferred from Pennsylvania Eastern on 1/25/2021.] [Transferred from Illinois Southern on 2/8/2021.] |
| Filing 17 AFFIDAVIT of Service re: served Civil Action Complaint/Notice to Plead Teva Women's Health, Inc., individually and as successor in interest to Duramed Pharmaceuticals, Inc., a division of Barr Pharmaceuticals, Inc. on 10/30/2020 (KASSAN, RANDI) [Transferred from Pennsylvania Eastern on 1/25/2021.] [Transferred from Illinois Southern on 2/8/2021.] |
| Filing 16 AFFIDAVIT of Service re: served Civil Action Complaint/Notice to Plead Teva Women's Health, LLC, individually and as successor in interest to Teva Women's Health, Inc. on 10/30/2020 (KASSAN, RANDI) [Transferred from Pennsylvania Eastern on 1/25/2021.] [Transferred from Illinois Southern on 2/8/2021.] |
| Filing 15 AFFIDAVIT of Service re: served Civil Action Complaint/Notice to Plead The Cooper Companies, Inc. on 10/30/2020 (KASSAN, RANDI) [Transferred from Pennsylvania Eastern on 1/25/2021.] [Transferred from Illinois Southern on 2/8/2021.] |
| Filing 14 AFFIDAVIT of Service re: served Civil Action Complaint/Notice to Plead Coopersurgical, Inc. on 10/30/2020 (KASSAN, RANDI) [Transferred from Pennsylvania Eastern on 1/25/2021.] [Transferred from Illinois Southern on 2/8/2021.] |
| Filing 13 NOTICE of Appearance by RANDI KASSAN on behalf of KAYLA TOW (KASSAN, RANDI) [Transferred from Pennsylvania Eastern on 1/25/2021.] [Transferred from Illinois Southern on 2/8/2021.] |
| Filing 12 Original Record together with certified copy of docket entries received from Court of Common Pleas of Philadelphia County. (sg, ) [Transferred from Pennsylvania Eastern on 1/25/2021.] [Transferred from Illinois Southern on 2/8/2021.] |
| DEMAND for Trial by Jury by KAYLA TOW. (fb) [Transferred from Pennsylvania Eastern on 1/25/2021.] [Transferred from Illinois Southern on 2/8/2021.] |
| ***Issue Joined (fb) [Transferred from Pennsylvania Eastern on 1/25/2021.] [Transferred from Illinois Southern on 2/8/2021.] |
| ***Set/Clear Flags Set Flag SPECIAL (fb) [Transferred from Pennsylvania Eastern on 1/25/2021.] [Transferred from Illinois Southern on 2/8/2021.] |
| Filing 11 ANSWER to Complaint by THE COOPER COMPANIES, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 1/25/2021.] [Transferred from Illinois Southern on 2/8/2021.] |
| Filing 10 ANSWER to Complaint by TEVA WOMEN'S HEALTH, LLC, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO TEVA WOMEN'S HEALTH, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 1/25/2021.] [Transferred from Illinois Southern on 2/8/2021.] |
| Filing 9 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 Pennsylvania Eastern on 1/25/2021.] [Transferred from Illinois Southern on 2/8/2021.] |
| Filing 8 ANSWER to Complaint by TEVA PHARMACEUTICALS USA, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 1/25/2021.] [Transferred from Illinois Southern on 2/8/2021.] |
| Filing 7 ANSWER to Complaint by COOPERSURGICAL, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 1/25/2021.] [Transferred from Illinois Southern on 2/8/2021.] |
| Filing 6 Disclosure Statement Form pursuant to FRCP 7.1 by TEVA PHARMACEUTICALS USA, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 1/25/2021.] [Transferred from Illinois Southern on 2/8/2021.] |
| Filing 5 Disclosure Statement Form pursuant to FRCP 7.1 by THE COOPER COMPANIES, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 1/25/2021.] [Transferred from Illinois Southern on 2/8/2021.] |
| Filing 4 Disclosure Statement Form pursuant to FRCP 7.1 by COOPERSURGICAL, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 1/25/2021.] [Transferred from Illinois Southern on 2/8/2021.] |
| Filing 3 Disclosure Statement Form pursuant to FRCP 7.1 by TEVA WOMEN'S HEALTH, LLC, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO TEVA WOMEN'S HEALTH, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 1/25/2021.] [Transferred from Illinois Southern on 2/8/2021.] |
| Filing 2 Disclosure Statement Form pursuant to FRCP 7.1 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 Pennsylvania Eastern on 1/25/2021.] [Transferred from Illinois Southern on 2/8/2021.] |
| Filing 1 NOTICE OF REMOVAL by TEVA WOMEN'S HEALTH, LLC, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO TEVA WOMEN'S HEALTH, INC., COOPERSURGICAL, INC., TEVA PHARMACEUTICALS USA, INC., THE COOPER COMPANIES, INC., TEVA WOMEN'S HEALTH, INC., INDIVIDUALLY, AND AS SUCCESSOR IN INTEREST TO, DURAMED PHARMACEUTICALS, INC., A DIVISION OF BARR PHARMACEUTICALS, INC. (Filing fee $ 400 receipt number 0313-14654531), filed by TEVA WOMEN'S HEALTH, LLC, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO TEVA WOMEN'S HEALTH, INC., COOPERSURGICAL, INC., TEVA PHARMACEUTICALS USA, INC., THE COOPER COMPANIES, INC., 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 Pennsylvania Eastern on 1/25/2021.] [Transferred from Illinois Southern on 2/8/2021.] |
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