Balcombe-Anderson 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-00191 |
| Nature of Suit | 367 Torts - Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability |
| Cause | 28:1332 Diversity-Product Liability |
| Case Filed: | Jan 12, 2021 |
| Terminated: | Feb 10, 2021 |
| Case in other court: | Texas Western, 1:20-cv-01020 |
| Last checked: Sunday Jul 11, 2021 5:39 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
April Balcombe-Anderson
|
Represented By
|
| Docket last updated: 01/26/2025 11:59 PM EST |
| Friday, November 15, 2024 | ||
| 45 | 45
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) |
|
| 44 | 44
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 | ||
| 43 | 43
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 | ||
| 42 | 42
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, January 20, 2022 | ||
| 41 | 41
notice
Notice of Appearance
Thu 01/20 4:47 PM
NOTICE of Appearance by Gina Marie Saelinger on behalf of Coopersurgical Inc, Teva Branded Pharmaceutical Products R&D, Inc., Teva Pharmaceuticals USA Inc, Teva Women's Health LLC, The Cooper Companies Inc (Saelinger, Gina) |
|
| 40 | 40
notice
Notice of Appearance
Thu 01/20 9:17 AM
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 LLC, The Cooper Companies Inc (Erny, Frederick) |
|
| Friday, November 12, 2021 | ||
|
utility
Docket Correction
Fri 11/12 10:38 AM
Notification of Docket Correction re36 Waiver of Service Executed,37 Waiver of Service Executed,35 Waiver of Service Executed,39 Waiver of Service Executed,38 Waiver of Service Executed. Waivers mailed on 9/27/2021, answers due 11/28/2021. (rlh) |
||
| Thursday, November 11, 2021 | ||
| 39 | 39
service
Waiver of Service Executed
Thu 11/11 9:54 AM
WAIVER OF SERVICE Returned Executed by April Balcombe-Anderson. Teva Women's Health LLC waiver mailed on 9/28/2021, answer due 11/29/2021. (Kassan, Randi) |
|
| 38 | 38
service
Waiver of Service Executed
Thu 11/11 9:53 AM
WAIVER OF SERVICE Returned Executed by April Balcombe-Anderson. Teva Pharmaceuticals USA Inc waiver mailed on 9/28/2021, answer due 11/29/2021. (Kassan, Randi) |
|
| 37 | 37
service
Waiver of Service Executed
Thu 11/11 9:52 AM
WAIVER OF SERVICE Returned Executed by April Balcombe-Anderson. Teva Branded Pharmaceutical Products R&D, Inc. waiver mailed on 9/28/2021, answer due 11/29/2021. (Kassan, Randi) |
|
| 36 | 36
service
Waiver of Service Executed
Thu 11/11 9:51 AM
WAIVER OF SERVICE Returned Executed by April Balcombe-Anderson. The Cooper Companies Inc waiver mailed on 9/28/2021, answer due 11/29/2021. (Kassan, Randi) |
|
| 35 | 35
service
Waiver of Service Executed
Thu 11/11 9:49 AM
WAIVER OF SERVICE Returned Executed by April Balcombe-Anderson. Coopersurgical Inc waiver mailed on 9/28/2021, answer due 11/29/2021. (Kassan, Randi) |
|
| Wednesday, September 15, 2021 | ||
| 34 | 34
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 | ||
| 33 | 33
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) |
|
| Thursday, July 29, 2021 | ||
| 32 | 32
service
Electronic Summons Issued
Thu 07/29 8:32 AM
Electronic Summons Issued as to All Defendants. (rjc) |
|
| Wednesday, July 28, 2021 | ||
| 31 | 31
service
Proposed Summons
Wed 07/28 2:56 PM
PROPOSED SUMMONS filed by April Balcombe-Anderson(Kassan, Randi) |
|
|
Att: 1
Summons Teva Branded Pharmaceutical Products R&D, Inc.,
|
||
|
Att: 2
Summons The Cooper Companies, Inc.,
|
||
|
Att: 3
Summons Teva Pharmaceuticals USA, Inc.,
|
||
|
Att: 4
Summons Teva Women's Health, LLC
|
||
| 30 | 30
cmp
Amended Complaint
Wed 07/28 2:49 PM
AMENDED COMPLAINT Short Form Complaint against Coopersurgical Inc, Teva Pharmaceuticals USA Inc, Teva Women's Health LLC, The Cooper Companies Inc, Teva Branded Pharmaceutical Products R&D, Inc. with Jury Demand filed by April Balcombe-Anderson.(Kassan, Randi) |
|
|
Att: 1
Civil Cover Sheet
|
||
| Wednesday, July 21, 2021 | ||
| 29 | 29
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 | ||
| 28 | 28
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) |
|
| 27 | 27
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 | ||
| 26 | 26
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) |
|
| 25 | 25
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 4:15 PM
Civil Case Terminated. (cmd) |
||
| Monday, February 08, 2021 | ||
| 24 | 24
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 12, 2021 | ||
| 22 | 22
5
pgs
order
Order
Tue 01/12 2:55 PM
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 12/08/2020. (aar) |
|
| 21 | 21
transfer
Case Transferred In - District Transfer
Tue 01/12 2:52 PM
Case transferred in from District of Texas Western; Case Number 1:20-cv-01020. Original file certified copy of transfer order and docket sheet received. |
|
| 20 | 20
4
pgs
order
Order
Tue 01/12 10:58 AM
Conditional Transfer Order entered by the Judicial Panel on Multidistrict Litigation. Signed by John W. Nichols Clerk of the Panel. (cc3) [Transferred from Texas Western on 1/12/2021.] |
|
|
utility
Clerks Certificate of Mailing
Tue 01/12 2:58 PM
Clerk's Certificate of Mailing as to Coopersurgical Inc, Teva Pharmaceuticals USA Inc, Teva Women's Health Inc, Teva Women's Health LLC, The Cooper Companies Inc re22 Order. (aar) |
||
|
utility
Submission to District Judge
Tue 01/12 2:58 PM
Submission of13 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim , to District Judge Leigh Martin May. (aar) |
||
| Case No Longer Stayed (cc3) [Transferred from Texas Western on 1/12/2021.] | ||
| Thursday, January 07, 2021 | ||
| 23 | 23
12
pgs
order
Order
Wed 01/13 2:35 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) |
|
| Thursday, December 31, 2020 | ||
| 19 | 19
NOTICE of JPML Decision by Coopersurgical, Inc., Teva Pharmaceuticals USA, Inc., Teva Women's Health, Inc., Teva Women's Health, LLC, The Cooper Companies, Inc.(De Santos, Laura) [Transferred from Texas Western on 1/12/2021.]
|
|
|
Att: 1
Exhibit 1,
|
||
|
Att: 2
Exhibit 2
|
||
| Sunday, November 22, 2020 | ||
| 18 | 18
ORDER STAYING case and all pending deadlines and court settings until the JPML rules on the MDL Motion. ORDER that the parties file a status report or transfer motion within seven (7) of the JPML's ruling on the MDL motion. Signed by Judge Robert Pitman. (lt) [Transferred from Texas Western on 1/12/2021.]
|
|
| Friday, November 20, 2020 | ||
| Text Order GRANTING17 Unopposed Motion for Extension of Time to File Response/Reply entered by Judge Robert Pitman. IT IS ORDERED that Plaintiff shall respond to Defendants' motion to dismiss, (Dkt. 13), within 14 days following this Courts ruling on Plaintiffs Motion to Stay Proceedings, (Dkt. 4). This is a text-only entry generated by the court. There is no document associated with this entry.) (sh) [Transferred from Texas Western on 1/12/2021.] | ||
| Thursday, November 19, 2020 | ||
| 17 | 17
Consent MOTION for Extension of Time to File Response/Reply as to13 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by April Balcombe-Anderson.(Kassan, Randi) [Transferred from Texas Western on 1/12/2021.]
|
|
|
Att: 1
Proposed Order
|
||
| Friday, November 13, 2020 | ||
| 16 | 16
Response in Opposition to Motion, filed by Teva Pharmaceuticals USA, Inc., Teva Women's Health, Inc., Teva Women's Health, LLC, re4 MOTION to Stay Case Pending a Decision by the Judicial Panel on Multidistrict Litigation filed by Plaintiff April Balcombe-Anderson (De Santos, Laura) [Transferred from Texas Western on 1/12/2021.]
|
|
| 15 | 15
RULE 7 DISCLOSURE STATEMENT filed by Coopersurgical, Inc., Teva Pharmaceuticals USA, Inc., Teva Women's Health, Inc., Teva Women's Health, LLC, The Cooper Companies, Inc.. (De Santos, Laura) [Transferred from Texas Western on 1/12/2021.]
|
|
| 14 | 14
19
pgs
Memorandum in Support of13 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by The Cooper Companies, Inc.. (De Santos, Laura) [Transferred from Texas Western on 1/12/2021.]
|
|
| 13 | 13
MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by The Cooper Companies, Inc..(De Santos, Laura) [Transferred from Texas Western on 1/12/2021.]
|
|
|
Att: 1
Exhibit A,
|
||
|
Att: 2
Exhibit B
|
||
| 12 | 12
ANSWER to1 Complaint with Jury Demand . Attorney Laura E. De Santos added to party Teva Women's Health, LLC(pty:dft) by Teva Women's Health, LLC.(De Santos, Laura) [Transferred from Texas Western on 1/12/2021.]
|
|
| 11 | 11
ANSWER to1 Complaint with Jury Demand . Attorney Laura E. De Santos added to party Teva Women's Health, Inc.(pty:dft) by Teva Women's Health, Inc..(De Santos, Laura) [Transferred from Texas Western on 1/12/2021.]
|
|
| 10 | 10
ANSWER to1 Complaint with Jury Demand . Attorney Laura E. De Santos added to party Teva Pharmaceuticals USA, Inc.(pty:dft) by Teva Pharmaceuticals USA, Inc..(De Santos, Laura) [Transferred from Texas Western on 1/12/2021.]
|
|
| Tuesday, October 27, 2020 | ||
| 9 | 9
SUMMONS Returned Executed by April Balcombe-Anderson. The Cooper Companies, Inc. served on 10/23/2020, answer due 11/13/2020. (Kassan, Randi) [Transferred from Texas Western on 1/12/2021.]
|
|
| 8 | 8
SUMMONS Returned Executed by April Balcombe-Anderson. Coopersurgical, Inc. served on 10/23/2020, answer due 11/13/2020. (Kassan, Randi) [Transferred from Texas Western on 1/12/2021.]
|
|
| 7 | 7
SUMMONS Returned Executed by April Balcombe-Anderson. Teva Pharmaceuticals USA, Inc. served on 10/23/2020, answer due 11/13/2020. (Kassan, Randi) [Transferred from Texas Western on 1/12/2021.]
|
|
| 6 | 6
SUMMONS Returned Executed by April Balcombe-Anderson. Teva Women's Health, Inc. served on 10/23/2020, answer due 11/13/2020. (Kassan, Randi) [Transferred from Texas Western on 1/12/2021.]
|
|
| 5 | 5
SUMMONS Returned Executed by April Balcombe-Anderson. Teva Women's Health, LLC served on 10/23/2020, answer due 11/13/2020. (Kassan, Randi) [Transferred from Texas Western on 1/12/2021.]
|
|
| Wednesday, October 21, 2020 | ||
| 4 | 4
MOTION to Stay Case Pending a Decision by the Judicial Panel on Multidistrict Litigation by April Balcombe-Anderson.(Kassan, Randi) [Transferred from Texas Western on 1/12/2021.]
|
|
|
Att: 1
Memo in Support,
|
||
|
Att: 2
Proposed Order,
|
||
|
Att: 3
Exhibit A,
|
||
|
Att: 4
Exhibit B
|
||
| Tuesday, October 06, 2020 | ||
| 3 | 3
Summons Issued as to Coopersurgical, Inc., Teva Pharmaceuticals USA, Inc., Teva Women's Health, Inc., Teva Women's Health, LLC, The Cooper Companies, Inc.. (cj) [Transferred from Texas Western on 1/12/2021.]
|
|
| 2 | 2
REQUEST FOR ISSUANCE OF SUMMONS by April Balcombe-Anderson. (Kassan, Randi) [Transferred from Texas Western on 1/12/2021.]
|
|
| 1 | 1
COMPLAINT ( Filing fee $ 400 receipt number 0542-14039094), filed by April Balcombe-Anderson.(Kassan, Randi) [Transferred from Texas Western on 1/12/2021.]
|
|
|
Att: 1
Civil Cover Sheet
|
||
| Case assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cj) [Transferred from Texas Western on 1/12/2021.] | ||
| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Hightower (cj) [Transferred from Texas Western on 1/12/2021.] | ||
| DEMAND for Trial by Jury by April Balcombe-Anderson. (cj) [Transferred from Texas Western on 1/12/2021.] | ||