Lowery v. Pfizer, Inc. et al

Filing 15

ORDER Granting Joint Stipulation to STAYING ACTION signed by Magistrate Judge Barbara A. McAuliffe on 01/06/2025. Case Stayed: 2/28/2025. (Deputy Clerk EF)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FAITH LOWERY,

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Plaintiff,

Case No. 1:24-cv-01511-JLT-BAM
ORDER GRANTING JOINT
STIPULATION TO STAY ACTION

v.
(Doc. 14)
PFIZER INC., et al.,

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Defendants.

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Currently before the Court is the joint stipulation of Plaintiff Faith Lowery and

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Defendants Pfizer Inc., Pharmacia & Upjohn Company LLC, Prasco, LL d/b/a Prasco

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Laboratories, Viatris Inc., and Greenstone LLC to stay all deadlines and activities in this case.

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(Doc. 14.)

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In the joint stipulation, the parties indicate that they are aware of at least 47 other actions

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pending in 15 United States District Courts in which the plaintiff is alleging personal injuries

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relating to the use of Depo-Provera (“Depo-Provera cases”). (Doc. 14 at 3.) On November 26,

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2024, plaintiffs in several of the Depo-Provera cases petitioned the Judicial Panel on Multidistrict

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Litigation (“JPML”) to centralize this and other Depo-Provera cases into a Multidistrict Litigation

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(“MDL”). The JPML has set that petition for hearing on January 30, 2025, and is expected

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decide the petition in early February 2025. (Id.) In light of the petition, the parties request to stay

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this action through at least February 28, 2025, pending a determination by the JPML. The parties
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agree that if the JPML has not ruled on the petition by February 28, 2025, then they will file a

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joint status update with this Court regarding the status of the petition and whether an extension of

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the stay is needed. (Id. at 4.) The parties further agree that if the JPML has denied the petition to

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centralize this and other actions, then Defendants shall have through and until 21 days after the

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JPML rules on the petition to respond to the Complaint. (Id.)

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Having considered the joint stipulation, and good cause appearing, IT IS HEREBY
ORDERED as follows:

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1. The joint stipulation to stay action (Doc. 14) is GRANTED.

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2. This action is STAYED through February 28, 2025, or until the JPML decides the

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petition, whichever is sooner.

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3. The parties shall file a joint status update on February 28, 2025, if the action is not

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transferred to an MDL proceeding. If the petition is denied, Defendants shall have

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twenty-one (21) days after the JPML rules on the petition to respond to the Complaint.

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IT IS SO ORDERED.
Dated:

/s/ Barbara A. McAuliffe

January 6, 2025

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UNITED STATES MAGISTRATE JUDGE

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