BARCELO v. TEVA PHARMACEUTICALS USA, INC. et al
NICHOLLE BARCELO |
TEVA BRANDED PHARMACEUTICAL PRODUCTS R&D, INC., Teva Pharmaceuticals U.S.A., Inc., Teva Women's Health, Inc., The Cooper Companies Inc and Coopersurgical Inc |
4:2020cv00017 |
January 3, 2020 |
US District Court for the Southern District of Texas |
Lee H Rosenthal |
Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
28 U.S.C. § 1332 |
Plaintiff |
Docket Report
This docket was last retrieved on April 2, 2020. A more recent docket listing may be available from PACER.
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Filing 60 MEMORANDUM in Support of Motion for Judgment on The Pleadings by Defendants re: #59 MOTION for Judgment by The Cooper Companies Inc, filed.(De Santos, Laura) |
Filing 59 MOTION for Judgment by The Cooper Companies Inc, filed. Motion Docket Date 3/13/2020. (De Santos, Laura) |
Filing 61 Mail Returned Undeliverable as to attorney Brian Rubenstein re: #58 Scheduling Order, filed. The address was updated and the Scheduling Order was re-noticed. (ClaudiaGutierrez, 4) Modified on 2/25/2020 (ClaudiaGutierrez, 4). |
Filing 58 SCHEDULING AND DOCKET CONTROL ORDER. Pltf Expert Witness List and Report due by 8/28/2020. Deft Expert Witness List and Report due by 9/28/2020. Discovery due by 7/31/2020. Mediation due by 11/13/2020. Dispositive Motion Filing due by 11/27/2020. Joint Pretrial Order due by 1/15/2021. Docket Call set for 1/22/2021 at 08:30 AM in Courtroom 11B before Chief Judge Lee H Rosenthal(Signed by Chief Judge Lee H Rosenthal) Parties notified.(jguajardo, 4) |
Filing 57 ORDER Regarding Filing Dates.Defendant's Motion to Dismiss is due by 2/21/2020. Ms. Barcelo Response is by 3/6/2020.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(jguajardo, 4) |
Filing 56 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Initial conference held on February 6, 2020. The court will separately enter a docketing and scheduling order, and an order setting briefing deadlines, as stated on the record. Appearances: Kara Hill(by phone) for PLtf. and Thomas McIntosh/Frederick Erny(by phone)/ Laura De Santos for Deft.(Court Reporter: K. Miler), filed.(leddins, 4) |
Filing 55 NOTICE of Appearance by Randi Kassan, Esq. on behalf of NICHOLLE BARCELO, filed. (Kassan, Randi) |
Filing 54 Joint PROPOSED ORDER Scheduling and Docket Control Order, filed.(De Santos, Laura) |
Filing 53 STATUS REPORT by Teva Women's Health, Inc., filed.(De Santos, Laura) |
Filing 52 NOTICE of Resetting. Parties notified. Status Conference reset for 2/6/2020 at 03:30 PM in Courtroom 11B before Chief Judge Lee H Rosenthal, filed. OTE: Reset it to TIME only. (leddins, 4) |
Filing 51 ORDER granting #50 Motion for Thomas G McIntosh to Appear Pro Hac Vice. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(gclair, 4) |
Filing 49 NOTICE of Appearance by Laura E. De Santos on behalf of Teva Women's Health, Inc., The Cooper Companies Inc, filed. (De Santos, Laura) |
Filing 50 MOTION for Thomas G. McIntosh to Appear Pro Hac Vice by Coopersurgical Inc, Teva Women's Health, Inc., The Cooper Companies Inc, filed. Motion Docket Date 2/11/2020. (MelissaMorgan, 4) |
Filing 48 ORDER granting #47 Motion for Fredrick M. Erny to Appear Pro Hac Vice.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(jguajardo, 4) |
Filing 47 MOTION for Frederick M. Erny to Appear Pro Hac Vice by Coopersurgical Inc, Teva Women's Health, Inc., The Cooper Companies Inc, filed. Motion Docket Date 2/4/2020. (sanderson, 4) |
Filing 46 STATE COURT RECORDS, filed.(EdnitaPonce, 1) |
Filing 45 ORDER granting #43 MOTION for Tobias L. Millrood to Appear Pro Hac Vice (Signed by Chief Judge Lee H Rosenthal) Parties notified.(olindor, 4) |
Filing 44 ORDER granting #42 MOTION for Kara D. Hill to Appear Pro Hac Vice (Signed by Chief Judge Lee H Rosenthal) Parties notified.(olindor, 4) |
Filing 43 MOTION for Tobias L. Millrood to Appear Pro Hac Vice by NICHOLLE BARCELO, filed. Motion Docket Date 1/29/2020. (LoriPurifoy, 4) |
Filing 42 MOTION for Kara D. Hill to Appear Pro Hac Vice by NICHOLLE BARCELO, filed. Motion Docket Date 1/29/2020. (LoriPurifoy, 4) |
Filing 41 NOTICE of Setting. Parties notified. Status Conference set for 2/6/2020 at 09:30 AM in Courtroom 11B before Chief Judge Lee H Rosenthal, filed. Counsel must file a brief status report and a proposed schedule for the remaining issues by 1/31/20. (leddins, 4) |
Filing 40 Case transferred in from Pennsylvania Eastern. Case Number 2:18-cv-03984; certified copy of transfer order, certified docket sheet, and transfer letter received |
Original record transferred to the District of via interdistrict transfer system. Original Record from State will be sent via Certified Mail. (lisad, ) |
Filing 39 MEMORANDUM ORDER THAT THE MOTION OF DEFENDANTS TEVA WOMEN'S HEALTH, INC., COOPERSURGICAL, INC., AND THE COOPER COMPANIES, INC. TO TRANSFER THIS ACTION TO THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS IS GRANTED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/18/2019. 11/18/2019 ENTERED AND COPIES E-MAILED.(amas) |
Filing 38 MEMORANDUM. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/18/2019. 11/18/2019 ENTERED AND COPIES E-MAILED.(amas) |
Filing 37 ORDER THAT THE MOTION OF PLAINTIFFS TO JOIN TEVA PHARMACEUTICALS USA, INC. IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/18/2019.11/18/2019 ENTERED AND COPIES E-MAILED.(amas) |
Filing 36 REPLY to Response to Motion re #32 First MOTION for Joinder of Teva Pharmaceuticals USA, Inc Reply in Support of filed by NICHOLLE BARCELO. (HILL, KARA) |
Filing 35 RESPONSE in Opposition re #32 First MOTION for Joinder of Teva Pharmaceuticals USA, Inc filed by COOPERSURGICAL, INC., TEVA WOMEN'S HEALTH, INC., THE COOPER COMPANIES, INC.. (Attachments: #1 Exhibit 1)(ERNY, FREDERICK) |
Filing 34 Reply Memorandum in Further Support re #21 MOTION to Transfer Venue or, in the Alternative, Motion to Dismiss for Lack of Personal Jurisdiction under Rule 12(b)(2) or, in the Alternative, Motion for Judgment on the Pleadings filed by TEVA WOMEN'S HEALTH, INC. Certificate of Service. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(ERNY, FREDERICK) Modified on 11/4/2019 (lisad, ). |
Filing 33 RESPONSE in Opposition re #21 MOTION to Transfer Venue or, in the Alternative, Motion to Dismiss for Lack of Personal Jurisdiction under Rule 12(b)(2) or, in the Alternative, Motion for Judgment on the Pleadings filed by NICHOLLE BARCELO. (Attachments: #1 Exhibit Ex.)(HILL, KARA) |
Filing 32 First MOTION for Joinder of Teva Pharmaceuticals USA, Inc filed by NICHOLLE BARCELO.Teva Pharmaceuticals USA. (Attachments: #1 Exhibit Exh.Pkt, #2 Text of Proposed Order Order)(HILL, KARA) |
Filing 31 ORDER THAT THE ORDER DATED 9/27/19 IS VACATED. PLAINTIFF'S MOTION TO COMPEL IS GRANTED IN PART AND DENIED IN PART. DEFENDANTS SHALL FILE AND SERVE ANY REPLY IN SUPPORT OF THE MOTIONS TO TRANSFER VENUE ON OR BEFORE 11/1/19. SIGNED BY HONORABLE HARVEY BARTLE, III ON 10/15/19. 10/16/19 ENTERED AND COPIES E-MAILED.(mbh, ) |
Set/Reset Deadlines as to #21 MOTION to Transfer Venue or, in the Alternative, Motion to Dismiss for Lack of Personal Jurisdiction under Rule 12(b)(2) or, in the Alternative, Motion for Judgment on the Pleadings. RESPONSES DUE BY 10/25/2019. (va, ) |
Filing 30 ORDER GRANTING IN PART #27 MOTION TO COMPEL AS DETAILED HEREIN. PLAINTIFFS SHALL FILE A RESPONSE IN OPPOSITION TO DEFENDANTS' MOTION TO TRANSFER VENUE ON OR BEFORE 10/25/2019. DEFENDANTS SHALL FILE ANY REPLY IN SUPPORT OF THE MOTION TO TRANSFER VENUE ON OR BEFORE 11/1/2019. SIGNED BY HONORABLE HARVEY BARTLE, III ON 9/27/19. 9/30/19 ENTERED AND COPIES E-MAILED. (va, ) Modified on 10/16/2019 (mbh, ).(VACATED PER ORDER #31) |
Filing 29 Memorandum of Law in Opposition to Plaintiffs' Motion to Compel Complete Discovery Responses re #27 MOTION to Compel Complete Discovery Responses filed by TEVA WOMEN'S HEALTH, INC.. (Attachments: #1 Exhibit A-E)(RUBENSTEIN, BRIAN) |
Filing 28 ORDER THAT DEFENDANT SHALL FILE A RESPONSE TO PLAINTIFFS' MOTION TO COMPEL COMPLETE DISCOVERY RESPONSES ON OR BEFORE 9/23/19. SIGNED BY HONORABLE HARVEY BARTLE, III ON 9/9/19. 9/10/19 ENTERED AND COPIES E-MAILED.(mbh, ) |
Filing 27 MOTION to Compel Complete Discovery Responses filed by NICHOLLE BARCELO.Memorandum, Certificate of Good Faith, Certificate of Service. (Attachments: #1 Memorandum, #2 Certificate of Good Faith, #3 Exhibit A - Plaintiffs' Initial Discovery Requests as to Venue, #4 Exhibit B - Defendants' Initial Discovery Response, #5 Exhibit C - Plaintiffs' Response to Defendants Deficient Responses, #6 Exhibit D Plaintiffs Joint Letter re: Meet & Confer, #7 Exhibit E - Defendants First Supplemental Response to Discovery)(HILL, KARA) |
Filing 26 Minute Entry for proceedings held before HONORABLE HARVEY BARTLE, III CONFERENCE held on 7/2/19. (jl, ) |
Filing 25 Minute Entry for proceedings held before HONORABLE HARVEY BARTLE, III. A CONFERENCE NOT ON THE RECORD was held on 7/1/19. (fdc) |
Filing 24 ORDER THAT THE ORDER DATED 5/15/19 #23 IS VACATED. DEFENDANTS SHALL RESPOND TO PLAINTIFFS' INTERROGATORIES RELATED TO THE MOTIONS OF DEFENDANTS TO TRANSFER VENUE PURSUANT TO 28 USC:1404(A) ON OR BEFORE JULY 12, 2019. PLAINTIFFS SHALL FILE AN SERVE, ON OR BEFORE JULY 31, 2019, ANY RESPONSIVE BRIEFS IN OPPOSITION TO THE MOTIONS OF DEFENDANTS TO TRANSFER VENUE PURSUANT TO 28 USC:1404(A). DEFENDANTS SHALL FILE AND SERVE, ON OR BEFORE AUGUST 12, 2019, ANY REPLY BRIEFS IN SUPPORT OF THEIR MOTIONS TO TRANSFER VENUE. THE MOTIONS OF DEFENDANTS TO DISMISS THE COMPLAINTS OF PLAINTIFFS FOR LACK OF PERSONAL JURISDICTION UNDER RULE 12(B)(2) OF THE FEDERAL RULES OF CIVIL PROCEDURE AND FOR JUDGMENT ON THE PLEADINGS UNDER RULE 12(C) FOR FAILURE TO STATE A CLAIM ARE STAYED PENDING FURTHER ORDER OF THE COURT. SIGNED BY HONORABLE HARVEY BARTLE, III ON 7/1/19. 7/2/19 ENTERED & E-MAILED.(fdc) |
Filing 23 ORDER THAT PLAINTIFFS SHALL SERVE ON OR BEFORE 5/29/19 INTERROGATORIES RELATED TO THE MOTIONS OF DEFENDANTS TO TRANSFER VENUE. DEFENDANTS SHALL RESPOND TO THE INTERROGATORIES ON OR BEFORE 6/28/19. PLAINTIFFS SHALL FILE AND SERVE ON OR BEFORE 7/12/19 ANY RESPONSIVE BRIEFS IN OPPOSITION TO THE MOTIONS OF DEFENDANTS TO TRANSFER VENUE. DEFENDANTS SHALL FILE AND SERVE ON OR BEFORE 7/22/19 ANY REPLY BRIEFS IN SUPPORT OF THEIR MOTIONS TO TRANSFER VENUE. MOTIONS OF DEFENDANTS TO DISMISS THE COMPLAINTS OF PLAINTIFFS FOR LACK OF PERSONAL JURISDICTION UNDER RULE 12(b)(2) OF THE FEDERAL RULE OF CIVIL PROCEDURE AND FOR JUDGMENT ON THE PLEADINGS UNDER RULE 12(c) FOR FAILURE TO STATE A CLAIM ARE STAYED PENDING FURTHER ORDER OF THE COURT. SIGNED BY HONORABLE HARVEY BARTLE, III ON 5/15/19. 5/16/19 ENTERED AND COPIES E-MAILED.(rf, ) (ORDER VACATED PURSUANT TO JUDGE BARTLE'S ORDER OF 7/2/19 #24 )Modified 7/2/19 (fdc). |
Filing 22 Minute Entry for Status Conference held on 5/15/19 before Judge Bartle. (mbh, ) |
Filing 21 MOTION to Transfer Venue or, in the Alternative, Motion to Dismiss for Lack of Personal Jurisdiction under Rule 12(b)(2) or, in the Alternative, Motion for Judgment on the Pleadings filed by COOPERSURGICAL, INC., TEVA WOMEN'S HEALTH, INC., THE COOPER COMPANIES, INC..Memorandum, Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(RUBENSTEIN, BRIAN) Modified on 5/14/2019 (lisad, ). |
Filing 20 ORDER THAT DEFENDANTS SHALL FILE AND SERVE, ON OR BEFORE 5/13/19 AT 12:00 P.M., ANY MOTIONS UNDER 28 U.S.C. &1404 (a), RULE 12 (b)(2) OF THE FEDERAL RULES OF CIVIL PROCEDURE, AND RULE 12 (c) OF THE FEDERAL RULES OF CIVIL PROCEDURE. A STATUS CONFERENCE SHALL TAKE PLACE IN CHAMBERS ON 5/15/19 AT 2:00 P.M.; ETC. SIGNED BY HONORABLE HARVEY BARTLE, III ON 4/22/19. 4/23/19 ENTERED & E-MAILED. (fdc) |
Filing 19 Minute Entry for Status Conference not on the record was held on 4/22/19, before Judge Harvey Bartle, III. (ti, ) |
Filing 18 NOTICE of Hearing: STATUS CONFERENCE SET FOR 4/22/2019 10:00 AM IN JUDGE BARTLE'S CHAMBERS BEFORE HONORABLE HARVEY BARTLE III.(km, ) |
Filing 17 ORDER THAT DEFENDANTS TEVA PHARMACEUTICALS USA, INC. AND TEVA BRANDED PHARMACEUTICAL PRODUCTS R&D, INC. ARE DISMISSED FROM THE ABOVE ACTIONS AS FRAUDULENTLY JOINED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/28/2019. 3/28/2019 ENTERED AND COPIES E-MAILED.(amas) |
Filing 16 NOTICE of Appearance by KARA D. HILL on behalf of NICHOLLE BARCELO with Certificate of Service(HILL, KARA) |
Filing 15 Original Record together with certified copy of docket entries received from Court of Common Pleas of Philadelphia County. (ti, ) |
Filing 14 Arbitration Certification that case exceeds the sum of $150,000.00 exclusive of interest and costs (MILLROOD, TOBIAS) |
Filing 13 NOTICE of Appearance by BRIAN RUBENSTEIN on behalf of COOPERSURGICAL, INC., TEVA BRANDED PHARMACEUTICAL PRODUCTS R&D, INC., TEVA PHARMACEUTICALS USA, INC., TEVA WOMEN'S HEALTH, INC., THE COOPER COMPANIES, INC. with Jury Demand and Certificate of Service(RUBENSTEIN, BRIAN) |
Filing 12 Remark THE STATUS CONFERENCE SCHEDULED FOR 10/16/2018 AT 9:30 AM IS CANCELLED. (km, ) |
Filing 11 NOTICE of Appearance by TOBIAS MILLROOD on behalf of NICHOLLE BARCELO, Jury Demand, Certificate of Service; Withdrawal of Derek Braslow.(MILLROOD, TOBIAS) Modified on 10/12/2018 (md). |
Filing 10 NOTICE of Appearance by FREDERICK M. ERNY on behalf of COOPERSURGICAL, INC., TEVA BRANDED PHARMACEUTICAL PRODUCTS R&D, INC., TEVA PHARMACEUTICALS USA, INC., TEVA WOMEN'S HEALTH, INC., THE COOPER COMPANIES, INC. with Certificate of Service(ERNY, FREDERICK) |
Filing 9 NOTICE of Hearing: STATUS CONFERENCE SET FOR 10/16/2018 09:30 AM IN JUDGE BARTLE'S CHAMBERS BEFORE HONORABLE HARVEY BARTLE III. ADDITIONAL CONFERENCE INFORMATION CONTAINED HEREIN.(km, ) |
Filing 8 NOTICE by COOPERSURGICAL, INC., TEVA BRANDED PHARMACEUTICAL PRODUCTS R&D, INC., TEVA PHARMACEUTICALS USA, INC., TEVA WOMEN'S HEALTH, INC., THE COOPER COMPANIES, INC. re #1 Notice of Removal, Notice of Amendment to Notice of Removal to Attach Additional State Court Process, Pleadings and Orders (STURGES, GREGORY) |
Filing 7 ANSWER to Complaint by COOPERSURGICAL, INC..(STURGES, GREGORY) |
Filing 6 ANSWER to Complaint by THE COOPER COMPANIES, INC..(STURGES, GREGORY) |
Filing 5 ANSWER to Complaint by TEVA BRANDED PHARMACEUTICAL PRODUCTS R&D, INC..(STURGES, GREGORY) |
Filing 4 ANSWER to Complaint by TEVA WOMEN'S HEALTH, INC..(STURGES, GREGORY) |
Filing 3 ANSWER to Complaint by TEVA PHARMACEUTICALS USA, INC..(STURGES, GREGORY) |
Filing 2 Disclosure Statement Form pursuant to FRCP 7.1 Identifying Corporate Parent TEVA PHARMACEUTICALS INDUSTRIES, LTD. for TEVA WOMEN'S HEALTH, INC.; Corporate Parent TEVA PHARMACEUTICAL INDUSTRIES, LTD. for TEVA BRANDED PHARMACEUTICAL PRODUCTS R&D, INC., TEVA PHARMACEUTICALS USA, INC.; Corporate Parent THE COOPER COMPANIES, INC. for COOPERSURGICAL, INC. by COOPERSURGICAL, INC., TEVA BRANDED PHARMACEUTICAL PRODUCTS R&D, INC., TEVA PHARMACEUTICALS USA, INC., TEVA WOMEN'S HEALTH, INC., THE COOPER COMPANIES, INC.(ti, ) |
Filing 1 NOTICE OF REMOVAL by COOPERSURGICAL, INC., TEVA BRANDED PHARMACEUTICAL PRODUCTS R&D, INC., TEVA PHARMACEUTICALS USA, INC., TEVA WOMEN'S HEALTH, INC., THE COOPER COMPANIES, INC. from Philadelphia Court of Common Pleas, case number June Term, 2018, No. 01127, Certificate of Service. (Filing fee $ 400 receipt number 184812)(ti, ) |
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