SHELDON v. TEVA PHARMACEUTICALS USA, INC. et al
| AMANDA SHELDON |
| TEVA PHARMACEUTICALS USA, INC., TEVA PHARMACEUTICAL INDUSTRIES LTD. and TEVA RESPIRATORY, LLC |
| 1:2018cv02429 |
| August 8, 2018 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Mark J Dinsmore |
| Tanya Walton Pratt |
| 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 October 4, 2018. A more recent docket listing may be available from PACER.
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| Filing 35 MOTION (REQUEST FOR JUDICIAL NOTICE), filed by Defendant TEVA PHARMACEUTICALS USA, INC.. (Attachments: #1 Exhibit A - labeling for Qnasl 2012, #2 Exhibit B - labeling for Qnasl 2014, #3 Exhibit C - labeling for Qnasl 2017, #4 Exhibit D- Plaintiff's Complaint)(Paganelli, Fred) |
| Filing 34 BRIEF/MEMORANDUM in Support re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND OPPOSITION TO MOTION TO "RELATE BACK" , filed by Defendant TEVA PHARMACEUTICALS USA, INC.. (Paganelli, Fred) |
| Filing 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND OPPOSITION TO MOTION TO "RELATE BACK", filed by Defendant TEVA PHARMACEUTICALS USA, INC.. (Paganelli, Fred) |
| Filing 32 RETURN of Service, filed by AMANDA SHELDON. TEVA PHARMACEUTICAL INDUSTRIES LTD. served on 10/3/2018; TEVA RESPIRATORY, LLC served on 10/3/2018. (Graziano, Sarah) |
| Filing 31 Summons Issued as to TEVA PHARMACEUTICAL INDUSTRIES LTD., TEVA RESPIRATORY, LLC. (NAD) |
| Filing 30 Proposed Summons submitted for issuance by the clerk as to AMANDA SHELDON. (Graziano, Sarah) |
| Filing 29 Proposed Summons submitted for issuance by the clerk as to AMANDA SHELDON. (Graziano, Sarah) |
| Filing 28 MOTION for Pretrial Conference (Request for Telephonic Scheduling Conference), filed by Defendant TEVA PHARMACEUTICALS USA, INC.. (Attachments: #1 Text of Proposed Order)(Paganelli, Fred) |
| Filing 27 MOTION To Deem Defendant Teva Pharmaceuticals USA, Inc.s Motion To Dismiss Plaintiffs Complaint Based On Fed R. Civ. P. 12(b)(6) For Failure To State A Cause Of Action As Moot Or In The Alternative Convert Defendants Motion To Dismiss To A Fed R. Civ. P. 56 Motion For Summary Judgment and Grant an Enlargement of Time to Respond to the Converted motion to Complete Discovery, filed by Plaintiff AMANDA SHELDON. (Attachments: #1 Order - Denied as Moot, #2 Order - Convert to TR56 MSJ)(Graziano, Sarah) |
Filing 26
ENTRY ON JURISDICTION - It has come to the Court's attention that Plaintiff's Amended Complaint fails to allege all of the facts necessary to determine whether this Court has subject matter jurisdiction over this case. The Amended Complaint alleges that this Court has jurisdiction based upon diversity of citizenship. However, the Amended Complaint fails to sufficiently allege the citizenship of the parties. The Defendants Supplement Jurisdictional Statement sufficiently alleges the citizenship of the other parties to this action (Filing No. #11 ). However, Plaintiff's subsequently filed Amended Complaint adds Teva Respiratory, LLC as an additional party, and there are no allegations that sufficiently plead the citizenship of Teva Respiratory, LLC. Therefore, Plaintiff Amanda Sheldon is ORDERED to file a Supplemental Jurisdictional Statement that establishes the Court's jurisdiction over this case. This statement should specifically identify the members of Teva Respiratory, LLC and those members' citizenship. This jurisdictional statement is due fourteen (14) days from the date of this Entry. (See Entry.) Signed by Judge Tanya Walton Pratt on 9/24/2018.(NAD)
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| Filing 25 MOTION to Relate Back Plaintiff's Amended Complaint to Original Filing Date, filed by Plaintiff AMANDA SHELDON. (Attachments: #1 Order)(Graziano, Sarah) |
| Filing 24 AMENDED COMPLAINT against All Defendants, filed by AMANDA SHELDON.(Graziano, Sarah) |
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Filing 23
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 6/7/2019. Discovery due by 5/10/2019. *SEE ALL DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore on 9/20/2018. (GD)
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Filing 22
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Initial Pretrial Conference held on 9/20/2018. Approved Case Management Plan, as amended, to be entered by separate order. Telephonic Status Conference set for 11/20/2018 at 11:10 AM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. Settlement Conference set for 3/19/2019 at 9:00 AM (Eastern Time) in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. *SEE ORDER FOR DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 21
ORDER Regarding Protective Orders. Signed by Magistrate Judge Mark J. Dinsmore on 9/20/2018.(CBU)
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Filing 20
ORDER - granting #16 Motion for Extension of Time to File Response to 9/28/2018 re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Signed by Judge Tanya Walton Pratt on 9/17/2018. (NAD)
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| Filing 18 RESPONSE in Opposition re #15 MOTION to Remand to Hendricks County Superior Court, Verified , filed by Defendant TEVA PHARMACEUTICALS USA, INC.. (Attachments: #1 Exhibit A: Plaintiff's State Court Complaint, #2 Exhibit B: Email Correspondence)(Paganelli, Fred) |
| Filing 17 AGREED PROPOSED CASE MANAGEMENT PLAN TENDERED, filed by Defendant TEVA PHARMACEUTICALS USA, INC. . (Paganelli, Fred) |
| Filing 16 MOTION for Extension of Time to File Response to September 28, 2018 re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiff AMANDA SHELDON. (Attachments: #1 Order)(Graziano, Sarah) |
| Filing 15 MOTION to Remand to Hendricks County Superior Court, Verified, filed by Plaintiff AMANDA SHELDON. (Attachments: #1 Exhibit 1 - Email Between Counsels, #2 Proposed Order)(Graziano, Sarah) |
| Filing 14 MOTION (REQUEST FOR JUDICIAL NOTICE), filed by Defendant TEVA PHARMACEUTICALS USA, INC.. (Paganelli, Fred) |
| Filing 13 BRIEF/MEMORANDUM in Support re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant TEVA PHARMACEUTICALS USA, INC.. (Attachments: #1 Exhibit A: Labeling for Qnasl 2012, #2 Exhibit B: Labeling for Qnasl 2014, #3 Exhibit C: Labeling for Qnasl 2017, #4 Exhibit D: Complaint)(Paganelli, Fred) |
| Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant TEVA PHARMACEUTICALS USA, INC.. (Paganelli, Fred) |
| Filing 11 Jurisdictional Statement (Supplemental), re #7 Entry by TEVA PHARMACEUTICALS USA, INC.. (Paganelli, Fred) |
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Filing 10
SCHEDULING ORDER: Initial Pretrial Conference set for 9/20/2018 02:00 PM (Eastern Time) in Telephonic before Magistrate Judge Mark J. Dinsmore. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. The parties shall file a proposed Case Management Plan ("CMP") no fewer than seven days before the pretrial conference. See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 8/15/2018.(SWM)
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Filing 9
ORDER STRIKING NOTICE OF INITIAL ENLARGEMENT OF TIME: On July 26, 2018, Defendant was granted an initial enlargement of time from August 1, 2018 to August 31, 2018 by which to respond to Plaintiff's Complaint. [Dkt. 1- 1 at 24]. Consequently, Defendant was precluded from filing a "notice" pursuant to Local Rule 6-1(b). Accordingly, the Court hereby STRIKES Defendant's Notice of Initial Enlargement of Time to September 12, 2018 by which to respond to Plaintiff's Complaint [Dkt. #8 ]. The Clerk is directed to show Docket No. 8 as stricken from the docket. Defendant Teva Pharmaceuticals USA, Inc.'s response to Plaintiff's Complaint is due on or before August 31, 2018, as previously ordered by the court prior to the removal of this action. See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 8/15/2018.(SWM)
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| Filing 8 *** STRICKEN PER ORDER DATED 8/15/2018 *** NOTICE of Parties' First Extension of Time, filed by Defendant TEVA PHARMACEUTICALS USA, INC.. (Paganelli, Fred) Modified on 8/16/2018 (SWM). |
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Filing 7
ENTRY ON JURISDICTION - Defendant Teva Pharmaceuticals USA, Inc. is ORDERED to file a Supplemental Jurisdictional Statement that establishes the Court's jurisdiction over this case. This statement should sufficiently allege the citizenship of the parties. This jurisdictional statement is due fourteen (14) days from the date of this Entry. (See Entry.) Signed by Judge Tanya Walton Pratt on 8/13/2018.(NAD)
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| Filing 6 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 5 DEMAND for Trial by Jury, filed by Defendant TEVA PHARMACEUTICALS USA, INC.. (Paganelli, Fred) |
| Filing 4 CIVIL COVER SHEET , filed by Defendant TEVA PHARMACEUTICALS USA, INC.. (Paganelli, Fred) |
| Filing 3 Corporate Disclosure Statement by TEVA PHARMACEUTICALS USA, INC. identifying Corporate Parent TEVA PHARMACEUTICAL INDUSTRIES LTD., Corporate Parent TEVA PHARMACEUTICAL HOLDINGS COOPERATIEVE U.A., Corporate Parent ORVET UK LTD, Other Affiliate TEVA PHARMACEUTICALS EUROPE B.V., Other Affiliate IVAX LLC for TEVA PHARMACEUTICALS USA, INC... (Paganelli, Fred) |
| Filing 2 NOTICE of Appearance by Fred Anthony Paganelli on behalf of Defendant TEVA PHARMACEUTICALS USA, INC.. (Paganelli, Fred) |
| Filing 1 NOTICE OF REMOVAL from Hendricks Superior Court No. 1, case number 32D01-1807-CT-000113, filed by TEVA PHARMACEUTICALS USA, INC.. (Filing fee $400, receipt number 0756-5006620) (Attachments: #1 Exhibit 1: Copies of All State Court Filings)(Paganelli, Fred) |
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