Fletcher et al v. Teva Pharmaceuticals USA, Inc. et al
| Tonya Fletcher and Andrew Fletcher |
| Teva Pharmaceuticals USA Inc, Teva Women's Health LLC, TEVA BRANDED PHARMACEUTICAL PRODUCTS R&D, INC., The Cooper Companies Inc and Coopersurgical Inc |
| 1:2021cv03271 |
| August 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. ยง 1332 |
| Plaintiff |
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Filing 10
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. (rjc)
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| Filing 9 Case transferred in from District of Kentucky Eastern; Case Number 5:21-cv-00166. Original file certified copy of transfer order and docket sheet received. |
| Filing 8 CERTIFIED ORDER received from USDC NDGA re: Case Transfer to the MDL Panel pursuant to CTO No. 31 filed in MDL Case Number 2974.(JER)cc: COR [Transferred from Kentucky Eastern on 8/11/2021.] |
| Filing 7 INFORMATION COPY OF MDL CONDITIONAL TRANSFER ORDER: MDL No. 2974 (JER) [Transferred from Kentucky Eastern on 8/11/2021.] |
| Civil Case Terminated. (rjc) |
| ***FILE SUBMITTED TO CHAMBERS of Danny C. Reeves for review: #5 Response to Order to Show Cause (JER) [Transferred from Kentucky Eastern on 8/11/2021.] |
| Filing 6 WAIVER OF SERVICE Returned Executed by Tonya Fletcher, Andrew Fletcher. All Defendants. (Thomas, Tad) [Transferred from Kentucky Eastern on 8/11/2021.] |
| Filing 5 RESPONSE TO ORDER TO SHOW CAUSE by Andrew Fletcher, Tonya Fletcher #4 filed by Andrew Fletcher, Tonya Fletcher. (Attachments: #1 Exhibit Notice of Potential Tag-Along Actions)(Thomas, Tad) [Transferred from Kentucky Eastern on 8/11/2021.] |
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Filing 4
ORDER TO SHOW CAUSE re failure to comply with LR 83 by atty. Charles Rene Houssiere III. Show Cause Response due by 7/30/2021. Signed by Judge Danny C. Reeves on 07/26/2021.(JER)cc: COR [Transferred from Kentucky Eastern on 8/11/2021.]
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| ***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #3 Notice to Attorney - no response (KM) [Transferred from Kentucky Eastern on 8/11/2021.] |
| Filing 3 NOTICE TO ATTORNEY Charles Rene Houssiere, III by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: #1 Local Rule & Admission Packet)(KM) [Transferred from Kentucky Eastern on 8/11/2021.] |
| Filing 1 COMPLAINT (NO PROCESS REQUESTED). (Filing fee $402; receipt number 0643-4995143), filed by Tonya Fletcher, Andrew Fletcher. (Attachments: #1 Unexecuted Waiver of Service of Summons onTeva Brand Pharmaceuticals Products, #2 Unexecuted Waiver of Service of Summons on Teva Pharmaceuticals USA, #3 Unexecuted Waiver of Service of Summons on CooperSurgical, #4 Unexecuted Waiver of Service of Summons on Teva Women's Health, #5 Unexecuted Waiver of Service of Summons on The Cooper Companies)(KM) [Transferred from Kentucky Eastern on 8/11/2021.] |
| Conflict Check run. (KM) [Transferred from Kentucky Eastern on 8/11/2021.] |
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