Lee 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-00132 |
| Nature of Suit | 367 Torts - Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability |
| Cause | 28:1332 Diversity-Product Liability |
| Case Filed: | Jan 11, 2021 |
| Terminated: | Feb 10, 2021 |
| Case in other court: | Illinois Southern, 3:20-cv-01316 |
| Last checked: Saturday Jul 10, 2021 7:09 AM EDT |
|
Defendant
Coopersurgical Inc
|
Represented By
|
|
Defendant
Teva Pharmaceuticals USA Inc
|
Represented By
|
|
Defendant
Teva Women's Health Inc
|
Represented By
|
|
Defendant
Teva Women's Health LLC
|
Represented By
|
|
Defendant
The Cooper Companies Inc
|
Represented By
|
|
Plaintiff
Jessica M. Lee
|
Represented By
|
| Docket last updated: 01/26/2025 11:59 PM EST |
| Tuesday, December 17, 2024 | ||
|
utility
Submission to District Judge
Tue 12/17 9:20 AM
Submission of43 MOTION to Dismiss CASES BARRED BY CERTAIN STATUTES OF LIMITATIONS AND REPOSE , to District Judge Leigh Martin May. (bnp) |
||
| Friday, November 15, 2024 | ||
| 46 | 46
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) |
|
| 45 | 45
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) |
|
| Thursday, September 19, 2024 | ||
| 44 | 44
order
Scheduling Order
Thu 09/19 2:59 PM
SCHEDULING ORDER ON DEFENDANTS' MOTION TO DISMISS. Signed by Judge Leigh Martin May on 09/19/2024.Associated Cases: 1:20-md-02974-LMM et al.(tht) |
|
|
Att: 1
Exhibit 1
|
||
| Thursday, September 12, 2024 | ||
| 43 | 43
motion
Dismiss
Thu 09/12 4:44 PM
MOTION to Dismiss CASES BARRED BY CERTAIN STATUTES OF LIMITATIONS AND REPOSE with Brief In Support by Teva Branded Pharmaceutical Products R&D, Inc., Teva Pharmaceuticals USA, Inc., Teva Women's Health, LLC.(Ferrell, Pamela) |
|
|
Att: 1
Exhibit 1. List of Time Barred Complaints
|
||
| Monday, August 12, 2024 | ||
| 42 | 42
2
pgs
order
Order
Mon 08/12 11:25 AM
ORDER REGARDING DEFENDANTS' MOTION TO DISMISS. Signed by Judge Leigh Martin May on 08/12/2024.Associated Cases: 1:20-md-02974-LMM et al.(tht) |
|
|
Att: 1
Attachment to Order
|
||
| Friday, January 27, 2023 | ||
| 41 | 41
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 | ||
| 40 | 40
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) |
||
| Thursday, November 04, 2021 | ||
| 39 | 39
cmp
Amended Complaint
Thu 11/04 9:02 AM
First AMENDED COMPLAINT against All Defendants with Jury Demand filed by Jessica M. Lee.(Murphy, Peyton) |
|
| Wednesday, November 03, 2021 | ||
| 38 | 38
notice
Notice of Appearance
Wed 11/03 2:43 PM
NOTICE of Appearance by Gina Marie Saelinger on behalf of Coopersurgical Inc, Teva Pharmaceuticals USA Inc, Teva Women's Health LLC, The Cooper Companies Inc (Saelinger, Gina) |
|
| 37 | 37
notice
Notice of Appearance
Wed 11/03 1:54 PM
NOTICE of Appearance by Frederick M. Erny on behalf of Coopersurgical Inc, Teva Pharmaceuticals USA Inc, Teva Women's Health LLC, The Cooper Companies Inc (Erny, Frederick) |
|
| Wednesday, September 15, 2021 | ||
| 36 | 36
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 | ||
| 35 | 35
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) |
|
| Wednesday, July 21, 2021 | ||
| 34 | 34
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 | ||
| 33 | 33
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) |
|
| 32 | 32
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 | ||
| 31 | 31
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) |
|
| 30 | 30
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 3:41 PM
Civil Case Terminated. (ddm) |
||
| Monday, February 08, 2021 | ||
| 29 | 29
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) |
|
| Wednesday, January 13, 2021 | ||
| Clerk's Certificate of Mailing as to Booker T. Coleman, Jr. re28 Order. (tmf) | ||
| Monday, January 11, 2021 | ||
| 27 | 27
5
pgs
order
Order
Mon 01/11 8:12 AM
NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/20. (aar) |
|
| 26 | 26
transfer
Case Transferred In - District Transfer
Mon 01/11 8:10 AM
Case transferred in from District of Illinois Southern; Case Number 3:20-cv-01316. Original file certified copy of transfer order and docket sheet received. |
|
| Friday, January 08, 2021 | ||
| 25 | 25
CONDITIONAL TRANSFER ORDER (CTO-1 / MDL 2974) TRANSFERRING CASE TO OTHER DISTRICT: Case transferred to Northern District of Georgia.(kls3) [Transferred from Illinois Southern on 1/11/2021.]
|
|
|
Att: 1
Cover Transmission
|
||
| Thursday, January 07, 2021 | ||
| 28 | 28
12
pgs
order
Order
Tue 01/12 5:31 PM
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) |
|
| 24 | 24
NOTICE FROM CLERK Instructing All Defendants to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. A link regarding the magistrate judges in this district is attached for your convenience:[LINK:http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf] . Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to All Defendants on 1/7/21. Consent due by 1/28/2021 (ack)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 1/11/2021.]
|
|
| 23 | 23
Summons Issued as to Teva Women's Health, Inc., Teva Women's Health, LLC. Original mailed to Attorney Peyton Patrick Murphy for service.(ack) [Transferred from Illinois Southern on 1/11/2021.]
|
|
| Wednesday, January 06, 2021 | ||
| 22 | 22
Corporate Disclosure Statement by The Cooper Companies, Inc.. (Coleman, Booker) [Transferred from Illinois Southern on 1/11/2021.]
|
|
| 21 | 21
Corporate Disclosure Statement by Coopersurgical, Inc. identifying Corporate Parent The Cooper Companies, Inc. for Coopersurgical, Inc.. (Coleman, Booker) [Transferred from Illinois Southern on 1/11/2021.]
|
|
| 20 | 20
Corporate Disclosure Statement by Teva Pharmaceuticals USA, Inc. identifying Corporate Parent Teva Pharmaceuticals Industries, Ltd. for Teva Pharmaceuticals USA, Inc.. (Coleman, Booker) [Transferred from Illinois Southern on 1/11/2021.]
|
|
| 19 | 19
ANSWER to1 Complaint,, by The Cooper Companies, Inc..(Coleman, Booker) [Transferred from Illinois Southern on 1/11/2021.]
|
|
| 18 | 18
ANSWER to1 Complaint,, by Coopersurgical, Inc..(Coleman, Booker) [Transferred from Illinois Southern on 1/11/2021.]
|
|
| 17 | 17
ANSWER to1 Complaint,, by Teva Pharmaceuticals USA, Inc..(Coleman, Booker) [Transferred from Illinois Southern on 1/11/2021.]
|
|
| 16 | 16
NOTICE of Appearance by Booker T. Coleman, Jr on behalf of All Defendants (Coleman, Booker) [Transferred from Illinois Southern on 1/11/2021.]
|
|
| 15 | 15
Summons Requested. (Murphy, Peyton) [Transferred from Illinois Southern on 1/11/2021.]
|
|
| 14 | 14
Summons Requested. (Murphy, Peyton) [Transferred from Illinois Southern on 1/11/2021.]
|
|
| Tuesday, December 29, 2020 | ||
| 13 | 13
PRELIMINARY CONDITIONAL TRANSFER ORDER (CTO-1) as assigned by Judicial Panel on Multidistrict Litigation. (kls3) [Transferred from Illinois Southern on 1/11/2021.]
|
|
| Friday, December 18, 2020 | ||
| 12 | 12
SUMMONS Returned Executed by Jessica M. Lee. The Cooper Companies, Inc. served on 12/16/2020, answer due 1/6/2021. (Murphy, Peyton) [Transferred from Illinois Southern on 1/11/2021.]
|
|
| 11 | 11
SUMMONS Returned Executed by Jessica M. Lee. Teva Women's Health, LLC served on 12/17/2020, answer due 1/7/2021. (Murphy, Peyton) [Transferred from Illinois Southern on 1/11/2021.]
|
|
| 10 | 10
SUMMONS Returned Executed by Jessica M. Lee. Teva Women's Health, Inc. served on 12/17/2020, answer due 1/7/2021. (Murphy, Peyton) [Transferred from Illinois Southern on 1/11/2021.]
|
|
| 9 | 9
SUMMONS Returned Executed by Jessica M. Lee. Teva Pharmaceuticals USA, Inc. served on 12/16/2020, answer due 1/6/2021. (Murphy, Peyton) [Transferred from Illinois Southern on 1/11/2021.]
|
|
| 8 | 8
SUMMONS Returned Executed by Jessica M. Lee. Coopersurgical, Inc. served on 12/16/2020, answer due 1/6/2021. (Murphy, Peyton) [Transferred from Illinois Southern on 1/11/2021.]
|
|
| Monday, December 14, 2020 | ||
| 7 | 7 ORDER granting6 Motion to Appear Pro Hac Vice by Attorney Peyton Patrick Murphy(ack)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 1/11/2021.] | |
| 6 | 6
MOTION to Appear Pro Hac Vice by Attorney Peyton Patrick Murphy $200 fee paid,receipt number 0754-4356145 by on behalf of All Plaintiffs. (Murphy, Peyton) [Transferred from Illinois Southern on 1/11/2021.]
|
|
| 5 | 5
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Kassan, Randi) [Transferred from Illinois Southern on 1/11/2021.]
|
|
| Thursday, December 10, 2020 | ||
| 4 | 4
Summons Issued as to Coopersurgical, Inc., Teva Pharmaceuticals USA, Inc., Teva Women's Health, Inc., Teva Women's Health, LLC and The Cooper Companies, Inc.. Summons returned to attorney Kassan for service. (trb) [Transferred from Illinois Southern on 1/11/2021.]
|
|
| Wednesday, December 09, 2020 | ||
| 3 | 3
NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Reona J. Daly pursuant to Administrative Order No. 257. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in the case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 257, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or nonconsent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: Jessica M. Lee. A link regarding the magistrate judges in this district is attached for your convenience:[LINK:http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf] . All future documents must bear case number 20-1316 RJD. Consent due by 12/30/2020 (ack) [Transferred from Illinois Southern on 1/11/2021.]
|
|
| 2 | 2
NOTICE of Appearance by Randi Alyson Kassan on behalf of Jessica M. Lee (Kassan, Randi) [Transferred from Illinois Southern on 1/11/2021.]
|
|
| 1 | 1
COMPLAINT against Coopersurgical, Inc., TEVA WOMEN'S HEALTH, LLC, Teva Pharmaceuticals USA, Inc., Teva Women's Health, Inc. d/b/a Teva Women's Health, LLC, The Cooper Companies, Inc. ( Filing fee $ 402 receipt number 0754-4352076.), filed by Jessica M. Lee.(Kassan, Randi) [Transferred from Illinois Southern on 1/11/2021.]
|
|
|
Att: 1
Civil Cover Sheet,
|
||
|
Att: 2
Summons Teva Women's Health, LLC,
|
||
|
Att: 3
Summons The Cooper Companies, Inc.,
|
||
|
Att: 4
Summons Coopersurgical, Inc.,
|
||
|
Att: 5
Summons Teva Pharmaceuticals USA, Inc.,
|
||
|
Att: 6
Summons Teva Women's Health, Inc. d/b/a Teva Women's Health LLC
|
||