Doan v. SmithKline Beecham Corporation

Filing 10

ORDER GRANTING Dft's 6 Motion to Stay & 6 Motion for Extension of Time to Answer. This action is STAYED pending receipt of the MDL Panel's decision concerning transfer. Should this action be rejected as a tag-a-long case, Dft's answer should filed w/i 10 days of such notification. Signed by Chief Judge Callie V. S. Granade on 6/11/09. (tot)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ROBERT L. DOAN, Plaintiff, vs. SMITHKLINE BEECHAM CORPORATION, d/b/a GLAXOSMITHKLINE, Defendant. ) ) ) ) ) CIVIL ACTION NO. 09-0260-CG-N ) ) ) ) ) ) ORDER This matter is before the court on the defendant's motion to stay proceedings and extend time to respond to the complaint pending transfer of this action pursuant to 28 U.S.C. § 1407, to In re Avandia Marketing, Sales Practices & Products Liability Litigation, MDL No. 1871 (Doc. 6). Attached to its motion was a copy of the Notice of Potential Tag Along Actions issued by the Judicial Panel on Multidistrict Litigation on May 20, 2009, which includes a schedule listing the above-styled case as a potential tag-a-long case. Upon due consideration, the defendant's motion is GRANTED. This action hereby is STAYED pending receipt of the MDL Panel's transfer order. This stay will remain in effect until the court is notified of the MDL Panel's decision concerning transfer. Should this action be rejected by the Panel on Multidistrict Litigation as a tag-a-long case, the defendant shall file its answer to the complaint within ten (10) days of notification of such. DONE and ORDERED this 11th day of June, 2009. /s/ Callie V. S. Granade CHIEF UNITED STATES DISTRICT JUDGE