Horton 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-02435 |
| Nature of Suit | 367 Torts - Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability |
| Cause | 28:1332 Diversity-Product Liability |
| Case Filed: | Jun 15, 2021 |
| Terminated: | Jun 15, 2021 |
| Case in other court: | Illinois Southern, 3:21-cv-00523 |
| Last checked: Sunday Dec 12, 2021 4:30 AM EST |
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Defendant
Cooper Companies, Inc.
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Represented By
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Defendant
Coopersurgical 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
Teva Women's Health LLC
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Represented By
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Plaintiff
Jennifer Horton
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Represented By
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Plaintiff
Teva Branded Pharmaceutical Products R&D, Inc.
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| TERMINATED PARTIES | |
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Defendant
Teva Women's Health Inc
Terminated: 08/13/2021
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Represented By
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| Docket last updated: 01/26/2025 11:59 PM EST |
| Friday, January 24, 2025 | ||
| 30 | 30
4
pgs
order
Order
Fri 01/24 10:56 AM
ORDER. On December 30, 2024, the Court entered an Order directing the plaintiffs identified at Docket Entry 768-1 to show cause within 14 days of the entry of the Order why their cases should not be dismissed with prejudice for failure to comply with the Case Management Orders regarding Plaintiff Fact Sheets. In the majority of the cases, the deficiencies have been cured, Defendants had agreed to an extension of time, or the cases have been dismissed. The Order to Show Cause is therefore MOOT as to those cases (See table). A number of other plaintiffs did not respond to the Order to Show Cause. Those cases are hereby DISMISSED WITH PREJUDICE for failure to comply with lawful Orders of the Court (See table). In two cases, the plaintiff's attorney filed a response to the Order to Show Cause, but the Plaintiff Fact Sheet remains incomplete. Those cases are DISMISSED WITHOUT PREJUDICE: 1:21-cv-2423, 1:21-cv-4199. Finally, in six cases, Plaintiffs have filed out-of-time notices that they are now in compliance with the Case Management Orders regarding the Plaintiff Fact Sheets. Defendants are GRANTED leave to file a response within SEVEN DAYS of the entry of this Order regarding the lateness and whether they agree that the Plaintiff Fact Sheets are now in compliance. The Court DEFERS ruling on those cases until that time: 1:24-cv-00339, 1:22-cv-00432, 1:21-cv-00199, 1:21-cv-01793, 1:21-cv-00111, 1:21-cv-02035. Signed by Judge Leigh Martin May on 1/24/2025. (cpp) |
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| Monday, January 13, 2025 | ||
| 29 | 29
respoth
Response to Order to Show Cause
Mon 01/13 4:29 PM
RESPONSE TO ORDER TO SHOW CAUSE filed by Jennifer Horton. (Driscoll, John) |
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| Friday, November 15, 2024 | ||
| 28 | 28
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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| 27 | 27
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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| Tuesday, January 23, 2024 | ||
| 26 | 26
notice
Notice of Appearance
Tue 01/23 9:51 AM
NOTICE of Appearance by Heidi Johnson on behalf of Jennifer Horton (Johnson, Heidi) |
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| Friday, January 27, 2023 | ||
| 25 | 25
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 | ||
| 24 | 24
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) |
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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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| Thursday, February 17, 2022 | ||
| 23 | 23
notice
Notice of Appearance
Thu 02/17 12:51 PM
NOTICE of Appearance by Frederick M. Erny on behalf of Cooper Companies, Inc., Coopersurgical Inc, Teva Branded Pharmaceutical Products R&D, Inc., Teva Pharmaceuticals USA Inc, Teva Women's Health LLC (Erny, Frederick) |
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| Tuesday, September 28, 2021 | ||
| 22 | 22
service
Waiver of Service Executed
Tue 09/28 10:24 AM
WAIVER OF SERVICE Returned Executed by Jennifer Horton. Cooper Companies, Inc. waiver mailed on 8/12/2021, answer due 10/12/2021; Coopersurgical Inc waiver mailed on 8/12/2021, answer due 10/12/2021; Teva Branded Pharmaceutical Products R&D, Inc. waiver mailed on 8/12/2021, answer due 10/12/2021; Teva Pharmaceuticals USA Inc waiver mailed on 8/12/2021, answer due 10/12/2021; Teva Women's Health LLC waiver mailed on 8/12/2021, answer due 10/12/2021. (Driscoll, John) |
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| Wednesday, September 15, 2021 | ||
| 21 | 21
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) |
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| Monday, August 23, 2021 | ||
| 20 | 20
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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| Thursday, August 12, 2021 | ||
| 19 | 19
cmp
Amended Complaint
Thu 08/12 11:23 AM
AMENDED COMPLAINT SHORT FORM COMPLAINT against Cooper Companies, Inc., Coopersurgical Inc, Teva Pharmaceuticals USA Inc, Teva Women's Health LLC, Teva Branded Pharmaceutical Products R&D, Inc. with Jury Demand filed by Jennifer Horton.(Driscoll, John) |
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| Wednesday, July 21, 2021 | ||
| 18 | 18
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) |
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| Tuesday, June 15, 2021 | ||
| 17 | 17
6
pgs
order
Order
Tue 06/15 12:07 PM
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
Tue 06/15 9:08 AM
Case transferred in from District of Illinois Southern; Case Number 3:21-cv-00523. Original file certified copy of transfer order and docket sheet received. |
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utility
Clerks Certificate of Mailing
Tue 06/15 12:15 PM
Clerk's Certificate of Mailing as to John J. Driscoll, Booker T. Coleman, Jr. re17 Order. (tmf) |
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utility
Terminate Civil Case
Tue 06/15 12:17 PM
Civil Case Terminated. (tmf) |
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| Monday, June 14, 2021 | ||
| 15 | 15
CONDITIONAL TRANSFER ORDER (CTO-24) TRANSFERRING CASE TO OTHER DISTRICT: Case transferred to Northern District of Georgia and MDL No 2974 In Re: Paragard IUD Products Liability Litigation.(kek) [Transferred from Illinois Southern on 6/15/2021.]
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Att: 1
Minute Order
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| Friday, June 04, 2021 | ||
| 14 | 14 ORDER GRANTING the defendants'13 Agreed Motion to Extend Defendants' Responsive Pleading Deadline. They now have until June 18, 2021, to answer or otherwise plead. Signed by Judge J. Phil Gilbert on 6/4/2021. (cab). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 6/15/2021.] | |
| Action due by 6/18/2021, per Order at Doc. 14. (kls3) [Transferred from Illinois Southern on 6/15/2021.] | ||
| Thursday, June 03, 2021 | ||
| 13 | 13
MOTION for Extension of Time to File Answer AGREED MOTION TO EXTEND DEFENDANTS' RESPONSIVE PLEADINGS DEADLINE by Cooper Companies, Inc., CooperSurgical, Inc., Teva Pharmaceuticals USA, Inc., Teva Women's Health, Inc.. (Coleman, Booker) [Transferred from Illinois Southern on 6/15/2021.]
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| Wednesday, June 02, 2021 | ||
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CJRA TRACK B assigned: The Final Pretrial Conference is scheduled for 6/8/2022 at 9:00 AM with a Jury Trial date of 6/20/2022 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert. Parties are to submit a Joint Report regarding Proposed Scheduling and Discovery Order within 21 days of the entry of this filing. Scheduling/Discovery and Settlement Conferences will NOT be set for hearing unless requested by the parties or deemed necessary by the Court. (tag) [Transferred from Illinois Southern on 6/15/2021.]
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| Tuesday, June 01, 2021 | ||
| 11 | 11 NOTICE REGARDING FILING re3 Notice of Appearance filed by Teva Pharmceuticals USA, Inc., CooperSurgical, Inc., Cooper Companies, Inc., Teva Women's Health, LLC, Teva Women's Health, Inc. The document submitted is a fillable document. Fillable documents should be converted to non-fillable PDF documents before filing on CM/ECF. This Notice is sent for informational purposes only. (kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 6/15/2021.] | |
| 10 | 10 Notice of Judge Assignment. Judge J. Phil Gilbert assigned. All future documents must bear case number 3:21-cv-523-JPG. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (kls3) [Transferred from Illinois Southern on 6/15/2021.] | |
| Friday, May 28, 2021 | ||
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Teva Women's Health LLC's Answer to First Amended Complaint ANSWER to Complaint by Teva Womens Health LLC.(Coleman, Booker) [Transferred from Illinois Southern on 6/15/2021.]
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| 8 | 8
Corporate Disclosure Statement by Cooper Surgical Inc. (Coleman, Booker) [Transferred from Illinois Southern on 6/15/2021.]
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Corporate Disclosure Statement by Cooper Companies Inc. (Coleman, Booker) [Transferred from Illinois Southern on 6/15/2021.]
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Corporate Disclosure Statement by Teva Womens Health Inc. (Coleman, Booker) [Transferred from Illinois Southern on 6/15/2021.]
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| 5 | 5
Corporate Disclosure Statement by Teva Womens Health LLC. (Coleman, Booker) [Transferred from Illinois Southern on 6/15/2021.]
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| 4 | 4
Corporate Disclosure Statement by Teva Pharmceuticals USA, Inc.. (Coleman, Booker) [Transferred from Illinois Southern on 6/15/2021.]
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| 3 | 3
NOTICE of Appearance by Booker T. Coleman, Jr on behalf of Cooper Companies Inc, Cooper Surgical Inc, Teva Pharmceuticals USA, Inc., Teva Womens Health Inc, Teva Womens Health LLC (Coleman, Booker) [Transferred from Illinois Southern on 6/15/2021.]
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EXHIBIT by Cooper Companies Inc, Cooper Surgical Inc, Teva Pharmceuticals USA, Inc., Teva Womens Health Inc, Teva Womens Health LLC. Exhibit to1 Notice of Removal, Civil Coversheet with Attachment .(Coleman, Booker) [Transferred from Illinois Southern on 6/15/2021.]
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Att: 1
Civil Cover Sheet Attachment
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NOTICE OF REMOVAL from Circuit Court of Illinois 20th Judicial Circuit, St. Clair County, case number 21L0340 ( Filing fee $ 402 receipt number 0754-4491233), filed by Cooper Companies Inc, Teva Pharmceuticals USA, Inc., Teva Womens Health Inc, Cooper Surgical Inc, Teva Womens Health LLC.(Coleman, Booker) [Transferred from Illinois Southern on 6/15/2021.]
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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