Rosales v. SmithKline Beecham Corporation et al

Filing 21

ORDER by Judge Marilyn Hall Patel granting 18 defendants' Motion to Stay proceedings pending transfer to MDL (awb, COURT-STAFF) (Filed on 1/27/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ALAN J. LAZARUS (SBN #129767) alan.lazarus@dbr.com KRISTA L. COSNER (SBN #213338) krista.cosner@dbr.com DRINKER BIDDLE & REATH LLP 50 Fremont Street, 20th Floor San Francisco, CA 94105-2235 Telephone: (415) 591-7500 Facsimile: (415) 591-7510 Attorneys for Defendants SMITHKLINE BEECHAM CORPORATION d/b/a GLAXOSMITHKLINE and MCKESSON CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION JANICE ROSALES, as surviving statutory beneficiary for the wrongful death of Armando Rosales, Jr., deceased, individually and on behalf of all other heirs of decedent, Plaintiff, v. SMITHKLINE BEECHAM CORPORATION, a Pennsylvania corporation, d/b/a GLAXOSMITHKLINE; MCKESSON CORPORATION, a Delaware corporation; DOES ONE through FIFTEEN, inclusive, Defendants. Case No. CV-08-5658 MHP [PROPOSED] ORDER GRANTING MOTION BY DEFENDANT SMITHKLINE BEECHAM CORPORATION d/b/a GLAXOSMITHKLINE TO STAY ALL PROCEEDINGS PENDING TRANSFER BY THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION TO MDL 1871 (E.D. PA) Date: Time: Courtroom: Judge: March 2, 2009 2:00 p.m. 15 Marilyn Hall Patel 22 23 24 25 26 27 28 DRINKER BIDDLE & REATH LLP ATTO RNEY S AT LAW SA N FRA N C I S C O On March 2, 2009, Defendant SMITHKLINE BEECHAM CORPORATION d/b/a GLAXOSMITHKLINE's ("GSK") Motion to Stay All Proceedings Pending Transfer by the Judicial Panel on Multidistrict Litigation to MDL 1871 (E.D. PA) came for hearing in Courtroom 15 of this Court. All parties were given notice and an opportunity to be heard, and each party was represented at the hearing by its counsel of record. Having reviewed all of the papers and [PROPOSED] ORDER GRANTING MOTION TO STAY SF01/ 622357.1 CASE NO. CV-08-5658 MHP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DRINKER BIDDLE & REATH LLP ATTO RNEY S AT LAW SA N FRA N C I S C O admissible evidence filed in support of and in opposition to the motion and for good cause appearing: IT IS HEREBY ORDERED THAT GSK's motion is GRANTED. The Court hereby orders a stay of: (a) all pretrial activity in this case, including any remand motions; (b) the period for initial disclosures pursuant to Rule 26 of the Federal Rules of Civil Procedure; and (c) all other discovery and pretrial deadlines, pending transfer of this case by the Judicial Panel on Multidistrict Litigation, pursuant to 28 U.S.C. 1407(a), of the resulting action against GSK to In re Avandia Products Liability Litigation, MDL No. 1871, pending before the Honorable Cynthia M. Rufe in the United States District Court for the Eastern District of Pennsylvania. IT IS SO ORDERED. 27 Dated: January _____, 2009 UNIT ED S S DISTRICT TE C TA ER N F D IS T IC T O R [PROPOSED] ORDER GRANTING MOTION TO STAY SF01/ 622357.1 -2- CASE NO. CV-08-5658 MHP A C LI FO Hon. Marilyn H. PatelE O ORD IT IS S Court, U.S. District Northern District of California l H. Pate Marilyn Judge RED R NIA RT U O NO RT H

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