Pugh v. SmithKline Beecham Corporation

Filing 8

ORDER granting 5 Motion to Stay; finding as moot 5 Motion for Extension of Time to Answer;. Signed by Judge Kristi K. DuBose on 2/11/09. (cmj)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ALBERT PUGH, an individual, Plaintiff, vs. SMITHKLINE BEECHAM CORPORATION d/b/a GLAXOSMITHKLINE, a Pennsylvania Corporation, Defendant. ) ) ) ) ) CIVIL ACTION NO 09-0028-KD-B ) ) ) ) ) ) ) ORDER This matter is before the Court on defendant's unopposed Motion to Stay Proceedings and Extend Time to Respond to the Complaint (doc. 5). Defendant moves the Court to stay this matter pending the anticipated transfer, pursuant to 28 U.S.C. § 1407, to In re AvandiaŽ Marketing, Sales Practices & Products Liability Litigation, MDL No. 1871, in the United States District court for the Eastern District of Pennsylvania, and for additional time to plead or otherwise respond to the complaint. Defendant states that plaintiff consents to the stay and the extension of time to respond. Upon consideration, and for the reasons set forth in the motion, defendant's motion to stay is GRANTED and this action is STAYED pending transfer. Defendant's motion for extension of time to plead or otherwise respond in this court is MOOT since this action is now stayed. In the event that this action is not transferred or the stay is lifted, defendant may re-file his motion. To the extent that defendant requests an extension of time to plead or otherwise respond to plaintiffs' complaint after transfer to the Eastern District of Pennsylvania, this court will no longer have jurisdiction over this action to grant such relief. DONE and ORDERED this the 11th day of February, 2009. s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE