Belmodis vs. Teva Pharmaceuticals USA, Inc.
| Melinda Belmodis |
| Teva Pharmaceuticals USA, Inc., Teva Women's Health, Inc. doing business as Teva Women's Health, LLC, Cooper Companies, Inc., The, Coopersurgical, Inc. and Teva Women's Health, LLC |
| 1:2020cv00443 |
| October 14, 2020 |
| US District Court for the District of Hawaii |
| JILL A OTAKE |
| ROM TRADER |
| 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 December 11, 2020. A more recent docket listing may be available from PACER.
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| Filing 45 EO: On 12/11/20, a Stipulation to Stay Proceedings was filed, and the parties requested that the Rule 16 Scheduling Conference set for 12/14/20 be continued. On 12/9/20, this Court converted the 12/14/20 Rule 16 Scheduling Conference to a telephonic status conference on the same date and time 43 . The Court's approval of the 12/11/20 Stipulation shall not change the currently scheduled telephonic status conference set for 12/14/20 at 8:30 a.m. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa) |
Filing 44
STIPULATION TO STAY PROCEEDINGS; ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 12/11/2020. (emt, )
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| Filing 43 EO: The Court CONVERTS the Telephonic Rule 16 Conference set for 12/14/2020 at 08:30 AM before MAGISTRATE JUDGE ROM TRADER to a Telephonic Status Conference on the same date and time.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 42 MOTION to Dismiss for Lack of Jurisdiction Duane R. Miyashiro appearing for Defendants Cooper Companies, Inc., The, Coopersurgical, Inc. (Attachments: #1 Memorandum, #2 Exhibit Exhibit A - Declaration of Cynthia Wallace, #3 Exhibit Exhibit B - Asset Purchase Agreement, #4 Certificate of Service)(Miyashiro, Duane) |
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Filing 41
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO FREDERICK M. ERNY re #39 - Signed by MAGISTRATE JUDGE ROM TRADER on 12/8/2020. (emt, )
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| Filing 40 MOTION to Stay Proceedings Pending a Decision by the Judicial Panel on Multi-District Litigation Steven E. Tom appearing for Plaintiff Melinda Belmodis (Attachments: #1 Memorandum in Support of Motion to Stay, #2 Declaration of Steven E. Tom, #3 Exhibit A, #4 Exhibit B, #5 Supplement Certificate of Conference)(Tom, Steven) |
| Filing 39 MOTION for Pro Hac Vice as to Frederick M. Erny Filing fee $ 300, receipt number 0975-2458041.Duane R. Miyashiro appearing for Defendants Cooper Companies, Inc., The, Coopersurgical, Inc., Teva Pharmaceuticals USA, Inc., Teva Women's Health, Inc., Teva Women's Health, LLC (Miyashiro, Duane) |
| Filing 38 Plaintiff Melinda Belmodis' Rule 26(f) REPORT of Parties' Planning Meeting . (Tom, Steven) Modified on 12/8/2020 (emt, ). |
| Filing 37 Defendants Teva Pharmaceuticals USA, Inc., Teva Women's Health, Inc., Teva Women's Health, LLC, The Cooper Companies, Inc., and Coopersurgical, Inc.'s Scheduling Conference Statement . (Attachments: #1 Certificate of Service)(Miyashiro, Duane) Modified on 12/8/2020 (emt, ). |
| Filing 36 Plaintiff Melinda Belmodis' Rule 16 Scheduling Conference Statement . (Tom, Steven) Modified on 12/8/2020 (emt, ). |
| Filing 35 EO: Defendants The Cooper Companies, Inc. and Coopersurgical, Inc. filed a #31 Motion to Dismiss First Amended Complaint without complying with the General Civil Case Procedures Before Judge Otake pertaining to Local Rule 7.8, such as the requirement that counsel for the movant "include with the motion a statement indicating the date, duration, and communication method of the conference and the participants in the conference" and that the statement "detail the issues discussed and resolved during the conference and the issues remaining." Accordingly, the Court STRIKES Defendants' Motion. Defendants must comply with all requirements set forth in the Court's Civil Case Procedures before refiling their Motion. (JUDGE JILL A. OTAKE)(tl) |
| Filing 34 ANSWER to #12 Amended Complaint by Teva Women's Health, Inc.. (Attachments: #1 Demand for Jury Trial, #2 Certificate of Service)(Miyashiro, Duane) |
| Filing 33 ANSWER to #12 Amended Complaint by Teva Women's Health, LLC. (Attachments: #1 Demand for Jury Trial, #2 Certificate of Service)(Miyashiro, Duane) |
| Filing 32 ANSWER to #12 Amended Complaint by Teva Pharmaceuticals USA, Inc.. (Attachments: #1 Demand for Jury Trial, #2 Certificate of Service)(Miyashiro, Duane) |
| Filing 31 Document stricken pursuant to ECF No. 35 : MOTION to Dismiss for Lack of Jurisdiction Duane R. Miyashiro appearing for Defendants Cooper Companies, Inc., The, Coopersurgical, Inc. (Attachments: #1 Memorandum, #2 Exhibit Exhibit A - Declaration of Cynthia Wallace, #3 Exhibit Exhibit B - Asset Purchase Agreement, #4 Certificate of Service) (Miyashiro, Duane) Modified on 12/7/2020 (emt, ). |
| Filing 30 STIPULATION TO EXTEND TIME FOR DEFENDANTS TEVA PHARMACEUTICALS USA, INC., TEVA WOMEN'S HEALTH, INC., TEVA WOMEN'S HEALTH, LLC., THE COOPER COMPANIES, INC., AND COOPERSURGICAL, INC. TO ANSWER OR OTHERWISE PLEAD TO PLAINTIFF'S FIRST AMENDED COMPLAINT FILED OCTOBER 27, 2020 [DKT. #12 ] - Signed by MAGISTRATE JUDGE ROM TRADER on 11/20/2020. Teva Pharmaceuticals USA, Inc. answer due 12/4/2020; Teva Women's Health, Inc. answer due 12/4/2020; Teva Women's Health, LLC answer due 12/4/2020 ; Cooper Companies, Inc., The answer due 12/4/2020; Coopersurgical, Inc. answer due 12/4/2020. (emt, ) |
| Filing 29 Corporate Disclosure Statement by Cooper Companies, Inc., The, Coopersurgical, Inc., Teva Pharmaceuticals USA, Inc., Teva Women's Health, Inc., Teva Women's Health, LLC. (Attachments: #1 Certificate of Service)(Miyashiro, Duane) |
| Filing 28 NOTICE of Appearance by Jamie Christine S. Madriaga on behalf of Cooper Companies, Inc., The, Coopersurgical, Inc., Teva Pharmaceuticals USA, Inc., Teva Women's Health, Inc., Teva Women's Health, LLC on behalf of Cooper Companies, Inc., The, Coopersurgical, Inc., Teva Pharmaceuticals USA, Inc., Teva Women's Health, Inc., Teva Women's Health, LLC. (Attachments: #1 Certificate of Service)(Madriaga, Jamie Christine) |
| Filing 27 NOTICE of Appearance by Duane R. Miyashiro on behalf of Cooper Companies, Inc., The, Coopersurgical, Inc., Teva Pharmaceuticals USA, Inc., Teva Women's Health, Inc., Teva Women's Health, LLC on behalf of Cooper Companies, Inc., The, Coopersurgical, Inc., Teva Pharmaceuticals USA, Inc., Teva Women's Health, Inc., Teva Women's Health, LLC. (Attachments: #1 Certificate of Service)(Miyashiro, Duane) |
| Filing 26 EO: Upon review of Plaintiff's #25 Response filed on November 13, 2020, the Court takes no further action on its November 2, 2020 #14 Second Order to Show Cause. (JUDGE JILL A. OTAKE)(shm) |
| Filing 25 RESPONSE re #14 Order to Show Cause filed by Melinda Belmodis. (Tom, Steven) |
| Filing 24 (AFFIDAVIT OF SERVICE) SUMMONS Returned Executed by Melinda Belmodis. Teva Women's Health, LLC served on 10/30/2020. (Lam, Michael) Modified on 11/4/2020 (emt, ). |
| Filing 23 (AFFIDAVIT OF SERVICE) SUMMONS Returned Executed by Melinda Belmodis. Teva Women's Health, Inc. served on 10/30/2020. (Lam, Michael) Modified on 11/4/2020 (emt, ). |
| Filing 22 (AFFIDAVIT OF SERVICE) SUMMONS Returned Executed by Melinda Belmodis. Teva Pharmaceuticals USA, Inc. served on 10/30/2020. (Lam, Michael) Modified on 11/4/2020 (emt, ). |
| Filing 21 AFFIDAVIT of Service for First Amended Complaint served on Coopersurgical, Inc. on 10/30/2020, filed by Melinda Belmodis. (Lam, Michael) |
| Filing 20 AFFIDAVIT of Service for First Amended Complaint served on The Cooper Companies, Inc. on 10/30/2020, filed by Melinda Belmodis. (Lam, Michael) |
| Filing 19 SUMMONS Returned Executed by Melinda Belmodis. Cooper Companies, Inc., The served on 10/16/2020 10/23/2020 . (Lam, Michael) Modified on 11/4/2020 (emt, ). |
| Filing 18 SUMMONS Returned Executed by Melinda Belmodis. Teva Women's Health, Inc. served on 10/16/2020 10/23/2020 . (Lam, Michael) Modified on 11/4/2020 to correct date of service (emt, ). |
| Filing 17 SUMMONS Returned Executed by Melinda Belmodis. Teva Pharmaceuticals USA, Inc. served on 10/16/2020 10/23/2020. (Lam, Michael) Modified on 11/4/2020 to correct date of service (emt, ). |
| Filing 16 SUMMONS Returned Executed by Melinda Belmodis. Coopersurgical, Inc. served on 10/16/2020 10/23/2020 . (Lam, Michael) Modified on 11/4/2020 to correct date of service (emt, ). |
| Filing 15 EO: The Court ADVANCES the Telephonic Rule 16 Scheduling Conference set for 12/14/2020 at 09:00 AM to 08:30 AM the same day before MAGISTRATE JUDGE ROM TRADER. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa) |
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Filing 14
SECOND ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED WITHOUT PREJUDICE - Signed by JUDGE JILL A. OTAKE on 11/2/2020. Show Cause Response due by 11/16/2020(jo)
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| ADVISORY ENTRY. Incorrect Attorney Filer - Please be advised that Document #13 Response to Order to Show Cause Regarding Subject Matter Jurisdiction filed by Melinda Belmodis was signed by an attorney other than the one identified as the e-filer. The name of the CM/ECF User under whose login and password the document is being electronically filed must correspond to the signature of the attorney signing the CM/ECF filed document. The filing party shall use its discretion should they feel the necessity to re-submit corrected filings. (emt, ) |
| Filing 13 RESPONSE re #9 Order to Show Cause Regarding Subject Matter Jurisdiction filed by Melinda Belmodis. (Lam, Michael) Modified on 10/27/2020 This document reflects the electronic signatures of Steven E. Tom and Randi Kassan (emt, ). |
| Filing 12 First AMENDED COMPLAINT ; Demand for Jury Trial against All Defendants, filed by Melinda Belmodis.(Lam, Michael) Modified on 10/27/2020 (emt, ). |
| Filing 11 SUMMONS Returned Executed by Melinda Belmodis. Teva Pharmaceuticals USA, Inc. served on 10/23/2020. (Lam, Michael) |
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Filing 10
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO RANDI KASSAN re #8 - Signed by MAGISTRATE JUDGE ROM TRADER on 10/15/2020. (emt, )
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Filing 9
ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED WITHOUT PREJUDICE - Signed by JUDGE JILL A. OTAKE on 10/15/2020. Show Cause Response due by 10/30/2020. (emt, )
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| Filing 8 MOTION for Pro Hac Vice for Randi Kassan Filing fee $ 300, receipt number 0975-2435450.Michael L. Lam appearing for Plaintiff Melinda Belmodis (Lam, Michael) |
| Filing 7 EO: The parties are directed to review the General Civil Case Procedures Before Judge Otake on the court's website. (JUDGE JILL A. OTAKE)(shm) |
| ADVISORY ENTRY. Submission of Proposed Orders - Please be advised that Document #8 MOTION for Pro Hac Vice for Randi Kassan Filing fee $ 300, receipt number 0975-2435450., requires the court approval. If the filing party has not already done so, please email the proposed order in Microsoft Word format to Magistrate Judge Rom Trader at trader_orders@uscourts.gov for consideration. See Section 10.4- Emailing of Proposed Orders and Stipulations to Chambers, of the CM/ECF Procedures Guide for additional instructions and a list of judge's email addresses.. (emt, ) |
| Filing 6 CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: #1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, #2 AO 399 Waiver of Service of Summons)(emt, ) |
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Filing 5
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 12/14/2020 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 10/14/2020. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statements) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT. (emt, )
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| Filing 4 Summons Issued as to All Defendants. (emt, ) |
| Filing 3 NOTICE of Case Assignment: Please reflect Civil case number CV 20-00443 JAO-RT on all further pleadings. (emt, ) |
| Filing 2 COMPLAINT and Summons against All Defendants ( Filing fee $ 400 receipt number 0975-2435175.), filed by Melinda Belmodis. (Attachments: #1 Civil Cover Sheet)(Lam, Michael) |
| Filing 1 REFER TO ECF NO. #2 COMPLAINT COMPLAINT and Summons against Melinda Belmodis ( Filing fee $ 400 receipt number 0975-2435109.) , filed by Melinda Belmodis. (Attachments: #1 Civil Cover Sheet)(Lam, Michael) Modified on 10/14/2020 to seal attachment. The incorrect pdf is attached to the entry. The filing party to resubmit the correct document (emt, ). |
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