Lahens et al v. Teva Pharmaceuticals USA, Inc. et al
| Jhessica Lahens and Yves Henry Edouard |
| Teva Pharmaceuticals USA Inc, Teva Women's Health LLC, TEVA BRANDED PHARMACEUTICAL PRODUCTS R&D, INC., The Cooper Companies Inc and Coopersurgical Inc |
| 1:2023cv03707 |
| August 21, 2023 |
| 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 Diversity-Product Liability |
| Defendant |
Docket Report
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This docket was last retrieved on August 21, 2023. A more recent docket listing may be available from PACER.
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Filing 23
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. (jra) Modified on 8/21/2023 (bgt).
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| Filing 22 Case transferred in from District of New York Eastern; Case Number 1:23-cv-00322. Original file certified copy of transfer order and docket sheet received. |
| Filing 21 JPMDL Conditional Transfer Order CTO-58:Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. 1407 to the Northern District of Georgia for the reasons stated in the order of December 16, 2020, and, with the consent of that court, assigned to the Honorable Leigh Martin May. (AM) [Transferred from New York Eastern on 8/21/2023.] |
| Case transferred to District of Northern District of Georgia. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (AM)[Transferred from New York Eastern on 8/21/2023.] |
| Remark: Counsel should review all Orders docketed in MDL Case No. 1:20-md-2974-LMM. The Court's Case Management Orders and other case-related documents can also be found on the Court's MDL web page: https://www.gand.uscourts.gov/20md2974 (bnp) |
| Civil Case Terminated. (jra) |
| Set/Reset Hearings: In Person Pre-Motion Conference set for 9/20/2023 02:30 PM before Judge Frederic Block. (MI) [Transferred from New York Eastern on 8/21/2023.] |
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SCHEDULING ORDER: The in person pre-motion conference scheduled for September 6, 2023 is being adjourned by the Court to September 20, 2023 @ 2:30PM, due to a conflict with the court's calendar. Upon receipt of this email counsel shall confirm with each other the new date and time of this in person conference.Ordered by Judge Frederic Block on 8/15/2023. (MI) [Transferred from New York Eastern on 8/21/2023.]
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| Filing 20 Letter Requesting Adjournment of Pre-Motion Conference by Yves Henry Edouard, Jhessica Lahens (Attachments: #1 Exhibit JPML Filing) (Ciaccio, Joseph) [Transferred from New York Eastern on 8/21/2023.] |
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SCHEDULING ORDER: Plaintiff's letter application #20 is GRANTED. The in person pre-motion conference scheduled for June 27, 2023 is adjourned to September 6, 2023 at 4:00 P.M. Upon receipt of this email counsel shall confirm with each other the new date and time of this in person pre-motion conference. Ordered by Judge Frederic Block on 6/26/2023. (MI) [Transferred from New York Eastern on 8/21/2023.]
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| Set/Reset Hearings: In Person Pre-Motion Conference set for 9/6/2023 04:00 PM before Judge Frederic Block. (MI) [Transferred from New York Eastern on 8/21/2023.] |
| Filing 19 First MOTION for pre motion conference Defendants respectfully request the court reschedule the Pre-Motion Conference currently scheduled for 3pm on 6/13/2023 by Teva Branded Pharmaceutical Products R&D, Inc., The Cooper Companies, Inc.. (Landman, David) [Transferred from New York Eastern on 8/21/2023.] |
| Filing 18 APPROVAL re #17 Motion for Refund of Fees Paid Electronically. The duplicate payment has been confirmed and the $150 Filing Fee, Receipt No. ANYEDC-16738781 is to be refunded. Signed Brenna B. Mahoney, Clerk of Courty by Tiffeny Lee-Harris, Case Administration Manager on 6/8/2023. (fwd'd for processing) (TLH) [Transferred from New York Eastern on 8/21/2023.] |
| Set/Reset Hearings: In Person Pre-Motion Conference set for 6/27/2023 03:00 PM before Judge Frederic Block. (MI) [Transferred from New York Eastern on 8/21/2023.] |
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ELECTRONIC ORDER: Defendant's letter application #19 with the consent of the plaintiff is GRANTED. The in person pre-motion conference scheduled for June 13, 2023 is adjourned to June 27, 2023 at 3:00 P.M. Upon receipt of this email counsel shall confirm with each other the new date and time of this in person pre-motion conference. Ordered by Judge Frederic Block on 6/8/2023. (MI) [Transferred from New York Eastern on 8/21/2023.]
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| Filing 17 First MOTION for Refund of Fees Paid Electronically by Teva Women's Health, LLC. (Attachments: #1 Exhibit, #2 Exhibit) (Littrell, Rex) [Transferred from New York Eastern on 8/21/2023.] |
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ORDER GRANTING #15 MOTION TO APPEAR Pro Hac Vice. Attorney Rex Allen Littrell is granted permission to appear pro hac vice on behalf Defendant Teva Women's Health, LLC. The attorney shall register for ECF at #www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. So Ordered by Magistrate Judge Marcia M. Henry on 05/31/2023. (RC) [Transferred from New York Eastern on 8/21/2023.]
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Filing 16
SCHEDULING ORDER: The defendants letter application #13 dated 5/18/23 is GRANTED. An in person pre motion conference is scheduled for June 13, 2023 @ 3:00PM. The Court expects the parties to be conversant with the underlying facts and prepared to discuss the legal issues arising therefrom. The parties are reminded that they are obligated to discuss the prospect of settlement and may be required to provide the Court with a report of such discussions . If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this in person pre-motion conference and then file a letter application. Upon receipt of this email counsel shall confirm with each other of the date and time of this in person pre-motion conference. Ordered by Judge Frederic Block on 5/30/2023. (MI) [Transferred from New York Eastern on 8/21/2023.]
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| Set/Reset Hearings: In Person Pre-Motion Conference set for 6/13/2023 03:00 PM before Judge Frederic Block. (MI) [Transferred from New York Eastern on 8/21/2023.] |
| Filing 15 First MOTION to Appear Pro Hac Vice Rex A. Littrell Filing fee $ 150, receipt number ANYEDC-16738781 by Teva Women's Health, LLC. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice) (Littrell, Rex)[Transferred from New York Eastern on 8/21/2023.] |
| Filing 14 First MOTION to Appear Pro Hac Vice Rex A. Littrell Filing fee $ 150, receipt number ANYEDC-16738320 by Teva Women's Health, LLC. (Littrell, Rex) [Transferred from New York Eastern on 8/21/2023.] |
| Filing 13 First MOTION for pre motion conference by Teva Branded Pharmaceutical Products R&D, Inc., The Cooper Companies, Inc.. (Landman, David) [Transferred from New York Eastern on 8/21/2023.] |
| Filing 12 Corporate Disclosure Statement by Teva Branded Pharmaceutical Products R&D, Inc., Teva Pharmaceuticals USA, Inc., Teva Women's Health, LLC identifying Other Affiliate Capital Research Global Investors for Teva Branded Pharmaceutical Products R&D, Inc., Teva Pharmaceuticals USA, Inc., Teva Women's Health, LLC. (Landman, David) [Transferred from New York Eastern on 8/21/2023.] |
| Filing 11 Defendant Teva Womens Health, LLC's ANSWER to #1 Complaint, For Damages by Teva Women's Health, LLC. (Landman, David) [Transferred from New York Eastern on 8/21/2023.] |
| Filing 10 Corporate Disclosure Statement by CooperSurgical, Inc., The Cooper Companies, Inc. identifying Other Affiliate Vanguard Group, Inc., and T. Rowe Price Associates, Inc. for CooperSurgical, Inc., The Cooper Companies, Inc.. (Landman, David) [Transferred from New York Eastern on 8/21/2023.] |
| Filing 9 Defendant CooperSurgical, Inc.'s ANSWER to Complaint For Damages by CooperSurgical, Inc.. (Landman, David) [Transferred from New York Eastern on 8/21/2023.] |
| Filing 8 Summons Issued as to CooperSurgical, Inc.. (MI) [Transferred from New York Eastern on 8/21/2023.] |
| Filing 7 Proposed Summons. Re #1 Complaint, by Yves Henry Edouard, Jhessica Lahens (Ciaccio, Joseph) [Transferred from New York Eastern on 8/21/2023.] |
| Filing 6 Summons Issued as to Teva Branded Pharmaceutical Products R&D, Inc., Teva Pharmaceuticals USA, Inc., Teva Women's Health, LLC and The Cooper Companies, Inc.. (Attachments: #1 Summons, #2 Summons, #3 Summons) (MI) [Transferred from New York Eastern on 8/21/2023.] |
| Filing 5 Proposed Summons. Re #1 Complaint, by Yves Henry Edouard, Jhessica Lahens (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Order) (Ciaccio, Joseph) [Transferred from New York Eastern on 8/21/2023.] |
| Filing 4 Proposed Summons. by Yves Henry Edouard, Jhessica Lahens (Ciaccio, Joseph) [Transferred from New York Eastern on 8/21/2023.] |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) [Transferred from New York Eastern on 8/21/2023.] |
| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (SR) [Transferred from New York Eastern on 8/21/2023.] |
| Case Assigned to Judge Frederic Block and Magistrate Judge Marcia M. Henry. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (SR) [Transferred from New York Eastern on 8/21/2023.] |
| Filing 1 COMPLAINT against CooperSurgical, Inc., Teva Branded Pharmaceutical Products R&D, Inc., Teva Pharmaceuticals USA, Inc., Teva Women's Health, LLC, The Cooper Companies, Inc. filing fee $ 402, receipt number ANYEDC-16316130 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Jhessica Lahens, Yves Henry Edouard. (Attachments: #1 Civil Cover Sheet) (Ciaccio, Joseph) [Transferred from New York Eastern on 8/21/2023.] |
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