Taklif v. TEVA PHARMACEUTICALS USA, INC et al
Consolidated
Lead case: 1:20-md-02974
Lead case: 1:20-md-02974
| Georgia Northern District Court | |
| Judge: | Leigh Martin May |
| Case #: | 1:21-cv-00284 |
| Nature of Suit | 367 Torts - Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability |
| Cause | 28:1332 Diversity-Product Liability |
| Case Filed: | Jan 19, 2021 |
| Terminated: | Feb 10, 2021 |
| Case in other court: | Pennsylvania Eastern, 2:20-cv-04768 |
| Last checked: Sunday Jul 18, 2021 4:37 AM EDT |
|
Defendant
Coopersurgical Inc
|
Represented By
|
|
Defendant
Duramed Pharmaceuticals, Inc. A Division Of Barr Pharmaceuticals, Inc. d/b/a Teva Women's Health, Inc.
|
Represented By
|
|
Defendant
TEVA WOMEN'S HEALTH, INC. INDIVIDUALLY, AND AS SUCCESSOR IN INTEREST TO, DURAMED PHARMACEUTICALS, INC., A DIVISON OF BARR PHARMACEUTICALS, INC.
|
Represented By
|
|
Defendant
TEVA WOMEN'S HEALTH, LLC f/k/a TEVA WOMEN'S HEALTH, INC.
|
Represented By
|
|
Defendant
TEVA WOMEN'S HEALTH, LLC, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO TEVA WOMEN'S HEALTH, INC.
|
Represented By
|
|
Defendant
Teva Pharmaceuticals USA Inc
|
Represented By
|
|
Defendant
The Cooper Companies Inc
|
Represented By
|
|
Plaintiff
Amy Taklif
|
Represented By
|
| Docket last updated: 7 hours ago |
| Friday, November 15, 2024 | ||
| 40 | 40
2
pgs
order
Order on Motion to Appoint Counsel
Mon 11/18 3:55 PM
ORDER: Defendants' Consent Motion to Revise Leadership Structure for MDL Proceedings, Doc. No. 731 , is GRANTED. Therefore, the Clerk is directed to substitute Kasey M. Adams, Esq., for Tara L. Blake, Esq., as Co-Lead Counsel for the Cooper Defendants in this action and in all associated cases. Signed by Judge Leigh Martin May on 11/15/2024. Associated Cases: 1:20-md-02974-LMM et al.(tht) |
|
| 39 | 39
1
pgs
order
Order on Motion to Withdraw as Attorney
Mon 11/18 12:41 PM
ORDER granting (730 in 1:20-md-02974-LMM) Tara L. Blake's unopposed motion to withdraw as counsel of record for Defendants CooperSurgical, Inc. and The Cooper Companies, Inc. Signed by Judge Leigh Martin May on 11/15/2024. Associated Cases: 1:20-md-02974-LMM et al. (bgt) |
|
| Friday, January 27, 2023 | ||
| 38 | 38
1
pgs
order
Order Allowing Audio/Visual Equipment in the Courtroom
Fri 01/27 9:23 AM
ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM on January 20, 2023 and January 31, 2023 at 10:00 a.m. Signed by Judge Leigh Martin May on 1/27/2023. Associated Cases: 1:20-md-02974-LMM et al.(jra) |
|
| Tuesday, January 17, 2023 | ||
| 37 | 37
1
pgs
order
Order
Tue 01/17 12:23 PM
ORDER: In response to the Court's direction and after they attempted to agree ona mediator, the parties provided the Court with names of suggested mediators. The Court met with the parties to discuss their submissions. Following that meeting, the Court interviewed each of the proposed mediators. Following those interviews, the Court has selected M. Gino Brogdon, Sr. to serve as mediator of this MDL. The Court has informed him of the Court's next inperson conference. He will be joining the parties for lunch via zoom on January 30 and for dinner that evening. The Court will provide further details to the parties regarding Judge Brogdon's appointment at our next conference. Signed by Judge Leigh Martin May on 1/17/2023. Associated Cases: 1:20-md-02974-LMM et al.(jra) |
|
| Wednesday, August 31, 2022 | ||
|
utility
Remark
Wed 08/31 3:24 PM
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 (Docket entry spread to all cases.) Associated Cases: 1:20-md-02974-LMM et al.(bnp) |
||
| Wednesday, March 23, 2022 | ||
| 36 | 36
notice
Notice of Appearance
Wed 03/23 9:30 AM
NOTICE of Appearance by Frederick M. Erny on behalf of TEVA WOMEN'S HEALTH, LLC, Teva Branded Pharmaceutical Products R&D, Inc. (Erny, Frederick) |
|
| Wednesday, March 09, 2022 | ||
| 35 | 35
service
Waiver of Service Executed
Wed 03/09 9:30 AM
WAIVER OF SERVICE Returned Executed by Amy Taklif. Coopersurgical Inc waiver mailed on 11/5/2021, answer due 1/4/2022. (Kassan, Randi) |
|
| 34 | 34
service
Waiver of Service Executed
Wed 03/09 9:30 AM
WAIVER OF SERVICE Returned Executed by Amy Taklif. The Cooper Companies Inc waiver mailed on 11/5/2021, answer due 1/4/2022. (Kassan, Randi) |
|
| 33 | 33
service
Waiver of Service Executed
Wed 03/09 9:28 AM
WAIVER OF SERVICE Returned Executed by Amy Taklif. TEVA WOMEN'S HEALTH, LLC waiver mailed on 11/5/2021, answer due 1/4/2022. (Kassan, Randi) |
|
| 32 | 32
service
Waiver of Service Executed
Wed 03/09 9:28 AM
WAIVER OF SERVICE Returned Executed by Amy Taklif. Teva Pharmaceuticals USA Inc waiver mailed on 11/5/2021, answer due 1/4/2022. (Kassan, Randi) |
|
| 31 | 31
service
Waiver of Service Executed
Wed 03/09 9:27 AM
WAIVER OF SERVICE Returned Executed by Amy Taklif. Teva Branded Pharmaceutical Products R&D, Inc. waiver mailed on 11/5/2021, answer due 1/4/2022. (Kassan, Randi) |
|
| Wednesday, September 15, 2021 | ||
| 30 | 30
2
pgs
order
Order Setting Hearing on Motion ~Util - Set Deadlines/Hearings
Wed 09/15 1:53 PM
CASE MANAGEMENT ORDER REGARDING SEPTEMBER 21, 2021 STATUS CONFERENCE AND MOTION HEARING. It is hereby ORDERED that: (1) The monthly status conference will be conducted remotely via Zoom, and shall begin at 9:00 am EDT on September 21, 2021. (2) The hearing on Defendants' 89 Motion to Dismiss shall be conducted in person and remotely via Zoom. The hearing shall begin immediately following the monthly status conference. (3) Only essential attorneys involved in the briefing and arguments for the Motion to Dismiss or with an active role in the September status conference may be present in court on September 21, 2021. All others should attend virtually via Zoom. Zoom link: https://ganduscourts.zoomgov.com/j/1606260573 Meeting ID: 160 626 0573 Passcode: 123456 Dial by your location: +1 669 254 5252 (San Jose) +1 646 828 7666 (New York) +1 551 285 1373 +1 669 216 1590 (San Jose) Signed by Judge Leigh Martin May on 9/15/2021. (Associated Cases: 1:20-md-02974-LMM et al.) (cmd) |
|
| Monday, August 23, 2021 | ||
| 29 | 29
minutes
Status Conference
Mon 08/23 4:56 PM
Minute Entry for proceedings held before Judge Leigh Martin May: Status Conference held on 8/23/2021. The Court held its monthly status conference. The parties are directed to file a proposed scheduling order for the September 21st status conference and motion hearing two weeks prior to the hearing. See transcript for details. Associated Cases: 1:20-md-02974-LMM et al.(Court Reporter Montrell Vann)(tcc) |
|
| Friday, August 13, 2021 | ||
| 28 | 28
service
Electronic Summons Issued
Fri 08/13 8:44 AM
Electronic Summons Issued as to Coopersurgical Inc, TEVA WOMEN'S HEALTH, LLC, Teva Branded Pharmaceutical Products R&D, Inc., Teva Pharmaceuticals USA Inc, The Cooper Companies Inc. (bnp) |
|
| 27 | 27
service
Proposed Summons
Fri 08/13 8:32 AM
PROPOSED SUMMONS filed by Amy Taklif(Kassan, Randi) |
|
|
Att: 1
Summons Coopersurgical, Inc.,
|
||
|
Att: 2
Summons Teva Branded Pharmaceutical Products R&D, Inc.,
|
||
|
Att: 3
Summons Teva Pharmaceuticals USA, Inc.,
|
||
|
Att: 4
Summons Teva Women's Health, LLC
|
||
| 26 | 26
cmp
Amended Complaint
Fri 08/13 8:25 AM
AMENDED COMPLAINT Short Form Complaint against Coopersurgical Inc, Teva Pharmaceuticals USA Inc, The Cooper Companies Inc, Teva Branded Pharmaceutical Products R&D, Inc., TEVA WOMEN'S HEALTH, LLCwith Jury Demand filed by Amy Taklif.(Kassan, Randi) |
|
|
Att: 1
Civil Cover Sheet
|
||
| Wednesday, July 21, 2021 | ||
| 25 | 25
2
pgs
order
Order
Wed 07/21 2:16 PM
Case Management Order Regarding Docket Logistics of Filing of Short Form Complaints, Executed Waivers of Service of Summons of Process, and Notices of Appearance in Individual Cases. Signed by Judge Leigh Martin May on 7/21/2021. Associated Cases: 1:20-md-02974-LMM et al.(rjc) |
|
| Thursday, February 18, 2021 | ||
| 24 | 24
3
pgs
order
Order on Motion to Appoint Lead Counsel
Thu 02/18 2:31 PM
ORDER in case 1:20-md-02974-LMM granting 39 Motion to Appoint Lead Counsel. Frederick M. Erny and Gina M. Saelinger Appointed as lead counsel for defendants. See document for further specifics. Signed by Judge Leigh Martin May on 2/18/2021. Associated Cases: 1:20-md-02974-LMM et al.(tmf) |
|
| 23 | 23
8
pgs
order
Order on Motion to Appoint Lead Counsel
Thu 02/18 2:24 PM
ORDER in case 1:20-md-02974-LMM granting 38 Motion to Appoint Lead Counsel. Erin K Copeland and Timothy Clark Appointed as lead counsel for plaintiffs. See document for further specifics. Signed by Judge Leigh Martin May on 2/18/2021. Associated Cases: 1:20-md-02974-LMM et al.(tmf) |
|
| Wednesday, February 10, 2021 | ||
| 22 | 22
utility
Remark
Wed 02/10 12:00 PM
Clerk's Certificate of Mailing re 34 ORDER INITIAL CONFERENCE (as to attached list). Associated Cases: 1:20-md-02974-LMM et al.(tmf) |
|
| 21 | 21
6
pgs
order
Order ~Util - Set Deadlines/Hearings
Wed 02/10 11:19 AM
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. Associated Cases: 1:20-md-02974-LMM et al.(tmf) |
|
|
utility
Terminate Civil Case
Wed 02/10 3:18 PM
Civil Case Terminated. (bdb) |
||
| Monday, February 08, 2021 | ||
| 20 | 20
misc
Remark
Tue 02/09 3:34 PM
Mail returned as undeliverable re18 Order. Envelope reads: RTS, Not deliverable as addressed, Unable to forward. (ah) |
|
| 19 | 19
5
pgs
order
Order
Mon 02/08 12:02 PM
AGENDA INITIAL CONFERENCE: Herein is the Court's agenda for the February 9, 2021, meeting. The format of the meeting will be collaborative and additional items may be discussed as needed. Zoom Meeting Link for Initial Conference: https://ganduscourts.zoomgov.com/j/1606612652 Meeting ID: 160 661 2652; Passcode: 123456; Dial by your location: +1 669 254 5252 US (San Jose); +1 646 828 7666 US (New York); +1 551 285 1373 US; +1 669 216 1590 US (San Jose). Signed by Judge Leigh Martin May on 2/8/2021. Associated Cases: 1:20-md-02974-LMM et al.(tmf) |
|
| Tuesday, January 19, 2021 | ||
| 17 | 17
5
pgs
order
Order
Tue 01/19 11:43 AM
NINTH GENERAL ORDER IN RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (aar) |
|
| 16 | 16
transfer
Case Transferred In - District Transfer
Tue 01/19 11:41 AM
Case transferred in from District of Pennsylvania Eastern; Case Number 2:20-cv-04768. Original file certified copy of transfer order and docket sheet received. |
|
|
utility
Clerks Certificate of Mailing
Tue 01/19 11:59 AM
Clerk's Certificate of Mailing as to BRIAN RUBENSTEIN and Kara D Hill re18 Order. (tmf) |
||
| Tuesday, January 12, 2021 | ||
| 15 | 15
CONDITIONAL TRANSFER ORDER (CTO-1) THAT 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. SEC 1407 TO THE NORTHERN DISTRICT OF GEORGIA FOR THE REASONS STATED IN THE ORDER OF 12/16/20, AND, WITH THE CONSENT OF THAT COURT, ASSIGNED TO THE HONORABLE LEIGH MARTIN MAY. (amas, ) [Transferred from Pennsylvania Eastern on 1/19/2021.]
|
|
| Thursday, January 07, 2021 | ||
| 18 | 18
12
pgs
order
Order
Tue 01/19 11:49 AM
PRACTICE AND PROCEDURE ORDER AND NOTICE OF INITIAL CONFERENCE: The Court will hold the initial case management conference via videoconference on February 9, 2021, at 10:00 a.m. (instructions found herein). Counsel will submit to the Court by January 25, 2021, a brief consolidated written statement indicating their preliminary understanding of the facts involved in the litigation and the critical factual and legal issues. Counsel will submit to the Court by January 25, 2021, a list of all companies affiliated with the parties and all counsel associated in the litigation. After the initial conference, all attorneys participating in these cases will be required to be registered with the Court's CM/ECF system. See order for further specifics and instructions. Signed by Judge Leigh Martin May on 1/7/2021. (tmf) |
|
| Monday, November 02, 2020 | ||
| 14 | 14
3
pgs
Memorandum in Opposition re11 MOTION to Stay filed by TEVA WOMEN'S HEALTH, INC. INDIVIDUALLY, AND AS SUCCESSOR IN INTEREST TO, DURAMED PHARMACEUTICALS, INC., A DIVISON OF BARR PHARMACEUTICALS, INC., TEVA WOMEN'S HEALTH, LLC, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO TEVA WOMEN'S HEALTH, INC.. (RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 1/19/2021.]
|
|
| Tuesday, October 27, 2020 | ||
| 13 | 13
REPLY to Response to Motion re9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and MOTION to Dismiss for Lack of Jurisdiction filed by COOPERSURGICAL, INC., TEVA PHARMACEUTICALS USA, INC, THE COOPER COMPANIES, INC.. (RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 1/19/2021.]
|
|
| Tuesday, October 20, 2020 | ||
| 12 | 12
RESPONSE in Opposition re9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and MOTION to Dismiss for Lack of Jurisdiction filed by Amy Taklif.(MILLROOD, TOBIAS) [Transferred from Pennsylvania Eastern on 1/19/2021.]
|
|
|
Att: 1
Exhibit A-F,
|
||
|
Att: 2
Text of Proposed Order
|
||
| Monday, October 19, 2020 | ||
| 11 | 11
MOTION to Stay filed by Amy Taklif.Memorandum, Certificate of Service.(MILLROOD, TOBIAS) [Transferred from Pennsylvania Eastern on 1/19/2021.]
|
|
| Thursday, October 08, 2020 | ||
| 10 | 10 Original Record together with certified copy of docket entries received from Court of Common Pleas of Phila. County. (kw, ) [Transferred from Pennsylvania Eastern on 1/19/2021.] | |
| Tuesday, October 06, 2020 | ||
| 9 | 9
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and , MOTION to Dismiss for Lack of Jurisdiction filed by COOPERSURGICAL, INC., TEVA PHARMACEUTICALS USA, INC, THE COOPER COMPANIES, INC..Memorandum, Certificate of Serivce.(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 1/19/2021.]
|
|
|
Att: 1
Memorandum,
|
||
|
Att: 2
Exhibit 1 - Wallace Declaration,
|
||
|
Att: 3
Exhibit 2 - Asset Purchase Agreement,
|
||
|
Att: 4
Text of Proposed Order,
|
||
|
Att: 5
Certificate of Service
|
||
| Tuesday, September 29, 2020 | ||
| 8 | 8
ANSWER to Complaint by TEVA WOMEN'S HEALTH, LLC f/k/a TEVA WOMEN'S HEALTH, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 1/19/2021.]
|
|
| 7 | 7
ANSWER to Complaint by TEVA WOMEN'S HEALTH, INC. INDIVIDUALLY, AND AS SUCCESSOR IN INTEREST TO, DURAMED PHARMACEUTICALS, INC., A DIVISON OF BARR PHARMACEUTICALS, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 1/19/2021.]
|
|
| 6 | 6
Disclosure Statement Form pursuant to FRCP 7.1 including Teva Pharmaceutical Industries Ltd. by TEVA WOMEN'S HEALTH, LLC f/k/a TEVA WOMEN'S HEALTH, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 1/19/2021.]
|
|
| 5 | 5
Disclosure Statement Form pursuant to FRCP 7.1 including Teva Pharmaceutical Industries Ltd. by TEVA WOMEN'S HEALTH, INC. INDIVIDUALLY, AND AS SUCCESSOR IN INTEREST TO, DURAMED PHARMACEUTICALS, INC., A DIVISON OF BARR PHARMACEUTICALS, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 1/19/2021.]
|
|
| 4 | 4
Disclosure Statement Form pursuant to FRCP 7.1 including Teva Pharmaceutical Industries Ltd. by TEVA PHARMACEUTICALS USA, INC.(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 1/19/2021.]
|
|
| 3 | 3
Disclosure Statement Form pursuant to FRCP 7.1 including The Cooper Companies, Inc. by COOPERSURGICAL, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 1/19/2021.]
|
|
| 2 | 2
Disclosure Statement Form pursuant to FRCP 7.1 including Vanguard Group, Inc. by THE COOPER COMPANIES, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 1/19/2021.]
|
|
| 1 | 1
NOTICE OF REMOVAL by DURAMED PHARMACEUTICALS, INC. A DIVISION OF BARR PHARMACEUTICALS, INC. D/B/A TEVA WOMEN'S HEALTH, INC., TEVA WOMEN'S HEALTH, LLC, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO TEVA WOMEN'S HEALTH, INC., TEVA WOMEN'S HEALTH, INC. INDIVIDUALLY, AND AS SUCCESSOR IN INTEREST TO, DURAMED PHARMACEUTICALS, INC., A DIVISON OF BARR PHARMACEUTICALS, INC., COOPERSURGICAL, INC., TEVA WOMEN'S HEALTH, LLC f/k/a TEVA WOMEN'S HEALTH, INC., THE COOPER COMPANIES, INC., TEVA PHARMACEUTICALS USA, INC (Filing fee $ 400 receipt number 0313-14599225), Philadelphia Court of Common Pleas, case number 20203066, filed by DURAMED PHARMACEUTICALS, INC. A DIVISION OF BARR PHARMACEUTICALS, INC. D/B/A TEVA WOMEN'S HEALTH, INC., TEVA WOMEN'S HEALTH, LLC, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO TEVA WOMEN'S HEALTH, INC., TEVA WOMEN'S HEALTH, INC. INDIVIDUALLY, AND AS SUCCESSOR IN INTEREST TO, DURAMED PHARMACEUTICALS, INC., A DIVISON OF BARR PHARMACEUTICALS, INC., COOPERSURGICAL, INC., TEVA WOMEN'S HEALTH, LLC f/k/a TEVA WOMEN'S HEALTH, INC., THE COOPER COMPANIES, INC., TEVA PHARMACEUTICALS USA, INC.(RUBENSTEIN, BRIAN) Modified on 9/29/2020 (tjd). [Transferred from Pennsylvania Eastern on 1/19/2021.]
|
|