MITCHELL 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-02425 |
| Nature of Suit | 367 Torts - Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability |
| Cause | 28:1332 Diversity-Product Liability |
| Case Filed: | Jun 14, 2021 |
| Terminated: | Jun 14, 2021 |
| Case in other court: | Pennsylvania Eastern, 2:21-cv-02459 |
| Last checked: Saturday Dec 11, 2021 3:46 AM EST |
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Defendant
Coopersurgical Inc
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Represented By
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Defendant
Duramed Pharmaceuticals, Inc. A Division Of Barr Pharmaceuticals, Inc. d/b/a Teva Women's Health, Inc.
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Represented By
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Defendant
TEVA BRANDED PHARMACEUTICAL PRODUCTS R&D, INC.
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Represented By
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Defendant
TEVA WOMEN'S HEALTH INC., INDIVIDUALLY, AND AS SUCCESSOR IN INTEREST TO, DURAMED PHARMACEUTICALS, INC., A DIVISION OF BARR PHARMACEUTICALS, INC.
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Represented By
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Defendant
TEVA WOMEN'S HEALTH, LLC f/k/a TEVA WOMEN'S HEALTH, INC.
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Represented By
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Defendant
TEVA WOMEN'S HEALTH, LLC, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO TEVA WOMEN'S HEALTH, INC.
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Represented By
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Defendant
Teva Pharmaceuticals USA Inc
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Represented By
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Defendant
The Cooper Companies Inc
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Represented By
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Defendant
TEVA WOMEN'S HEALTH, LLC
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Plaintiff
ERIN MITCHELL
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Represented By
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| Docket last updated: 01/26/2025 11:59 PM EST |
| Friday, November 15, 2024 | ||
| 39 | 39
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) |
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| 38 | 38
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) |
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| Wednesday, October 11, 2023 | ||
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misc
Judgment - Clerk
Wed 10/11 1:40 PM
CLERK'S JUDGMENT (tht)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (tht) |
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Att: 1
(10/11/2023) Corrected Main Document
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| Thursday, October 05, 2023 | ||
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order
Order
Fri 10/06 9:20 AM
ORDER: All Plaintiffs in this MDL are required to provide Plaintiff Fact Sheets (PFS) to Defendants as part of their discovery obligations. After the deadline for filing these fact sheets expired, the Court entered a show cause order on June 15, 2023, asking certain Plaintiffs to show cause why their cases should not be dismissed for failure to comply with this Courts order relating to these PFS. Dkt. No. 517 . The Court also heard argument from counsel on August 23, 2023, as to how the various responses to this show cause order should be treated. The Court ruled based on the categories of the various responses and asked counsel to prepare a list of the cases that fall within these categories. The parties have now provided a consent list of the cases that fall within the Court's categories. This list is attached as Exhibit A to this order and is divided by category of response. Referencing Exhibit A, the Court rules as follows: 1. Category 1 consists of Plaintiffs who failed to respond to the Courts show cause order. Category 2 contains Plaintiffs who agree dismissals are warranted. Category 3 contains Plaintiffs with deficiencies in their PFS that will not be cured. Category 4 contains Plaintiffs where counsel has lost contact with Plaintiff, and counsel agrees they failed to comply with the Court's order. The cases for Plaintiffs in these categories are DISMISSED WITH PREJUDICE. 2. Category 5 consists of Plaintiffs who seek an extension of time to file a PFS. The Court ORDERS that these Plaintiffs have 21 days from the date of this order to file a Plaintiff Fact Sheet. If they fail to comply, their cases will be dismissed with prejudice. 3. Category 6 consists of Plaintiffs who filed a PFS after entry of the Courts show cause order. The Court accepts these late-filed PFS and finds that the show cause order as to these Plaintiffs has been satisfied. Signed by Judge Leigh Martin May on 10/05/2023. Associated Cases: 1:20-md-02974-LMM et al.(tht) |
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Att: 1
Exhibit
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| Friday, June 30, 2023 | ||
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utility
Submission to District Judge
Fri 06/30 9:35 AM
Submission of 517 Order to Show Cause, to District Judge Leigh Martin May. Associated Cases: 1:20-md-02974-LMM et al.(bnp) |
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| Wednesday, June 28, 2023 | ||
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respoth
Response to Order to Show Cause
Wed 06/28 3:21 PM
RESPONSE TO ORDER TO SHOW CAUSE re:34 Order to Show Cause,,. (Kassan, Randi) |
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| Thursday, June 15, 2023 | ||
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pgs
order
Order to Show Cause
Thu 06/15 5:05 PM
ORDER TO SHOW CAUSE: Plaintiffs identified on Exhibit 1 are ORDERED TO SHOW CAUSE within 14 days from the entry of this Order, in a written submission as to why their cases should not be dismissed with prejudice for failure to comply with PFS CMOs. Defendants may file a response within 5 business days after service of Plaintiffs' submission, but Defendants are not required to submit a response unless otherwise ordered by the Court. Failure to show cause by failing to file such a submission within 14 days from the entry of this Order may result in dismissal of Plaintiff's case. Signed by Judge Leigh Martin May on 6/15/2023.Associated Cases: 1:20-md-02974-LMM et al.(bnp) |
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Att: 1
Exhibit 1 Delinquent PFS
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| Friday, January 27, 2023 | ||
| 33 | 33
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) |
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| Tuesday, January 17, 2023 | ||
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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) |
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| Wednesday, August 31, 2022 | ||
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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) |
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| Wednesday, March 02, 2022 | ||
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notice
Notice of Appearance
Wed 03/02 3:23 PM
NOTICE of Appearance by Frederick M. Erny on behalf of TEVA WOMEN'S HEALTH, LLC (Erny, Frederick) |
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| Monday, February 14, 2022 | ||
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service
Waiver of Service Executed
Mon 02/14 10:14 AM
WAIVER OF SERVICE Returned Executed by ERIN MITCHELL. TEVA WOMEN'S HEALTH, LLC waiver mailed on 10/19/2021, answer due 12/18/2021. (Kassan, Randi) |
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service
Waiver of Service Executed
Mon 02/14 10:12 AM
WAIVER OF SERVICE Returned Executed by ERIN MITCHELL. The Cooper Companies Inc waiver mailed on 10/19/2021, answer due 12/18/2021. (Kassan, Randi) |
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service
Waiver of Service Executed
Mon 02/14 10:11 AM
WAIVER OF SERVICE Returned Executed by ERIN MITCHELL. Coopersurgical Inc waiver mailed on 10/19/2021, answer due 12/18/2021. (Kassan, Randi) |
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service
Waiver of Service Executed
Mon 02/14 10:09 AM
WAIVER OF SERVICE Returned Executed by ERIN MITCHELL. Teva Pharmaceuticals USA Inc waiver mailed on 10/19/2021, answer due 12/18/2021. (Kassan, Randi) |
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service
Waiver of Service Executed
Mon 02/14 10:07 AM
WAIVER OF SERVICE Returned Executed by ERIN MITCHELL. TEVA BRANDED PHARMACEUTICAL PRODUCTS R&D, INC. waiver mailed on 10/19/2021, answer due 12/18/2021. (Kassan, Randi) |
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| Wednesday, September 15, 2021 | ||
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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) |
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| Monday, August 23, 2021 | ||
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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) |
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| Wednesday, August 11, 2021 | ||
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service
Electronic Summons Issued
Wed 08/11 10:00 AM
Electronic Summons Issued as to Coopersurgical Inc, TEVA BRANDED PHARMACEUTICAL PRODUCTS R&D, INC., TEVA WOMEN'S HEALTH, LLC, Teva Pharmaceuticals USA Inc, The Cooper Companies Inc. (rjc) |
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| Tuesday, August 10, 2021 | ||
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service
Proposed Summons
Tue 08/10 9:30 AM
PROPOSED SUMMONS filed by ERIN MITCHELL(Kassan, Randi) |
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Att: 1
Summons Teva Branded Pharmaceutical Products R&D, Inc.,
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Att: 2
Summons The Cooper Companies, Inc.,
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Att: 3
Summons Teva Pharmaceuticals USA, Inc.,
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Att: 4
Summons Teva Women's Health, LLC
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cmp
Amended Complaint
Tue 08/10 9:22 AM
AMENDED COMPLAINT Short Form Complaint against Coopersurgical Inc, TEVA BRANDED PHARMACEUTICAL PRODUCTS R&D, INC., Teva Pharmaceuticals USA Inc, The Cooper Companies Inc, TEVA WOMEN'S HEALTH, LLCwith Jury Demand filed by ERIN MITCHELL.(Kassan, Randi) |
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Att: 1
Civil Cover Sheet
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| Wednesday, July 21, 2021 | ||
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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) |
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| Thursday, June 17, 2021 | ||
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service
Waiver of Service Executed
Thu 06/17 3:24 PM
WAIVER OF SERVICE Returned Executed by ERIN MITCHELL. Teva Pharmaceuticals USA Inc waiver mailed on 6/15/2021, answer due 8/16/2021. (Kassan, Randi) |
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service
Waiver of Service Executed
Thu 06/17 3:22 PM
WAIVER OF SERVICE Returned Executed by ERIN MITCHELL. TEVA BRANDED PHARMACEUTICAL PRODUCTS R&D, INC. waiver mailed on 6/15/2021, answer due 8/16/2021. (Kassan, Randi) |
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service
Waiver of Service Executed
Thu 06/17 3:18 PM
WAIVER OF SERVICE Returned Executed by ERIN MITCHELL. The Cooper Companies Inc waiver mailed on 6/15/2021, answer due 8/16/2021. (Kassan, Randi) |
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service
Waiver of Service Executed
Thu 06/17 3:16 PM
WAIVER OF SERVICE Returned Executed by ERIN MITCHELL. Coopersurgical Inc waiver mailed on 6/15/2021, answer due 8/16/2021. (Kassan, Randi) |
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| Monday, June 14, 2021 | ||
| 15 | 15
6
pgs
order
Order
Tue 06/15 8:28 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.(tmf) |
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transfer
Case Transferred In - District Transfer
Mon 06/14 3:41 PM
Case transferred in from District of Pennsylvania Eastern; Case Number 2:21-cv-02459. Original file certified copy of transfer order and docket sheet received. |
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misc
Order from Other Court
Mon 06/14 2:19 PM
Certified Copy of Conditional Transfer Order, the action(s) on the attached schedule are transferred under 28 U.S.C. § 1407 to the Northern District ofGeorgia for the reasons stated in the order of December 16, 2020, and, with the consent of that court,assigned to the Honorable Leigh Martin May. (sg, ) [Transferred from Pennsylvania Eastern on 6/14/2021.] |
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utility
Terminate Civil Case
Tue 06/15 8:29 AM
Civil Case Terminated. (tmf) |
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| Tuesday, June 08, 2021 | ||
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SUMMONS Returned Executed by ERIN MITCHELL served Summons and Complaint upon TEVA WOMEN'S HEALTH, LLC, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO TEVA WOMEN'S HEALTH, INC.. TEVA WOMEN'S HEALTH, LLC, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO TEVA WOMEN'S HEALTH, INC. served on 6/4/2021, answer due 6/25/2021. (KASSAN, RANDI) [Transferred from Pennsylvania Eastern on 6/14/2021.]
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SUMMONS Returned Executed by ERIN MITCHELL served Summons and Complaint upon TEVA WOMEN'S HEALTH INC., INDIVIDUALLY, AND AS SUCCESSOR IN INTEREST TO, DURAMED PHARMACEUTICALS, INC., A DIVISION OF BARR PHARMACEUTICALS, INC.. TEVA WOMEN'S HEALTH INC., INDIVIDUALLY, AND AS SUCCESSOR IN INTEREST TO, DURAMED PHARMACEUTICALS, INC., A DIVISION OF BARR PHARMACEUTICALS, INC. served on 6/4/2021, answer due 6/25/2021. (KASSAN, RANDI) [Transferred from Pennsylvania Eastern on 6/14/2021.]
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SUMMONS Returned Executed by ERIN MITCHELL served Summons and Complaint upon DURAMED PHARMACEUTICALS, INC. A DIVISION OF BARR PHARMACEUTICALS, INC. D/B/A TEVA WOMEN'S HEALTH, INC.. DURAMED PHARMACEUTICALS, INC. A DIVISION OF BARR PHARMACEUTICALS, INC. D/B/A TEVA WOMEN'S HEALTH, INC. served on 6/4/2021, answer due 6/25/2021. (KASSAN, RANDI) [Transferred from Pennsylvania Eastern on 6/14/2021.]
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SUMMONS Returned Executed by ERIN MITCHELL served Summons and Complaint upon TEVA WOMEN'S HEALTH LLC f/k/a Teva Women's Health, Inc.. TEVA WOMEN'S HEALTH LLC f/k/a Teva Women's Health, Inc. served on 6/4/2021, answer due 6/25/2021. (KASSAN, RANDI) [Transferred from Pennsylvania Eastern on 6/14/2021.]
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| Friday, May 28, 2021 | ||
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ANSWER to Complaint by TEVA WOMEN'S HEALTH LLC f/k/a Teva Women's Health, Inc., TEVA WOMEN'S HEALTH, LLC, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO TEVA WOMEN'S HEALTH, INC., Jury Demand, Certificate of Service.(RUBENSTEIN, BRIAN) Modified on 5/28/2021 (md, ). [Transferred from Pennsylvania Eastern on 6/14/2021.]
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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., TEVA WOMEN'S HEALTH, LLC, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO TEVA WOMEN'S HEALTH, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 6/14/2021.]
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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 DIVISION OF BARR PHARMACEUTICALS, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 6/14/2021.]
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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 6/14/2021.]
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Disclosure Statement Form pursuant to FRCP 7.1 including TEVA PHARMACEUTICAL INDUSTRIES LTD. by TEVA BRANDED PHARMACEUTICAL PRODUCTS R&D, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 6/14/2021.]
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Disclosure Statement Form pursuant to FRCP 7.1 including THE COOPER COMPANIES, INC. by COOPERSURGICAL, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 6/14/2021.]
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Disclosure Statement Form pursuant to FRCP 7.1 by THE COOPER COMPANIES, INC..(RUBENSTEIN, BRIAN) [Transferred from Pennsylvania Eastern on 6/14/2021.]
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NOTICE OF REMOVAL by COOPERSURGICAL, INC., TEVA WOMEN'S HEALTH LLC f/k/a Teva Women's Health, Inc., THE COOPER COMPANIES, INC., TEVA PHARMACEUTICALS USA, INC., DURAMED PHARMACEUTICALS, INC. A DIVISION OF BARR PHARMACEUTICALS, INC. D/B/A TEVA WOMEN'S HEALTH, INC., TEVA BRANDED PHARMACEUTICAL PRODUCTS R&D, INC., TEVA WOMEN'S HEALTH INC., INDIVIDUALLY, AND AS SUCCESSOR IN INTEREST TO, DURAMED PHARMACEUTICALS, INC., A DIVISION OF BARR PHARMACEUTICALS, INC., TEVA WOMEN'S HEALTH, LLC, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO TEVA WOMEN'S HEALTH, INC. (Filing fee $ 402 receipt number 0313-15157055), filed by COOPERSURGICAL, INC., TEVA WOMEN'S HEALTH LLC f/k/a Teva Women's Health, Inc., THE COOPER COMPANIES, INC., TEVA PHARMACEUTICALS USA, INC., DURAMED PHARMACEUTICALS, INC. A DIVISION OF BARR PHARMACEUTICALS, INC. D/B/A TEVA WOMEN'S HEALTH, INC., TEVA BRANDED PHARMACEUTICAL PRODUCTS R&D, INC., TEVA WOMEN'S HEALTH INC., INDIVIDUALLY, AND AS SUCCESSOR IN INTEREST TO, DURAMED PHARMACEUTICALS, INC., A DIVISION 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 6/14/2021.]
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