Kinney et al v. Bristol-Myers Squib Company et al
Filing
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ORDER Staying Litigation Pending Decision by MDL Judicial Panel. Signed by Judge Edward M. Chen on 12/3/2012. (emcsec, COURT STAFF) (Filed on 12/3/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SANDRA L. KINNEY, et al.,
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For the Northern District of California
United States District Court
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Plaintiffs,
v.
BRISTOL-MYERS SQUIBB COMPANY, et
al.,
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Defendants.
___________________________________/
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No. C-12-4477 EMC
RELATED TO
No. C-12-4478 EMC
No. C-12-4615 EMC
No. C-12-4616 EMC
No. C-12-4617 EMC
No. C-12-4619 EMC
No. C-12-4633 EMC
No. C-12-4641 EMC
No. C-12-4642 EMC
No. C-12-4803 EMC
AND ALL RELATED ACTIONS.
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__________________________________/
ORDER STAYING LITIGATION
PENDING DECISION BY MDL
JUDICIAL PANEL
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At a hearing held on November 30, 2012, the Court discussed with the parties whether there
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should be a stay in the above-referenced lawsuits in light of Bristol-Myers and Sanofi’s motion to
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transfer and consolidate with the Judicial Panel on Multidistrict Litigation (which was filed on
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October 15, 2012). See Docket No. 19 (notice). Having considered the parties’ positions, as
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articulated in their joint case management statement and at the hearing, the Court concludes that a
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stay is warranted. There is a reasonable likelihood that issues currently before this Court (e.g.,
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fraudulent joinder, CAFA jurisdiction, and/or procedural misjoinder) will arise in other Plavix cases
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filed in other district courts. Moreover, Plaintiffs have not adequately established that they would be
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prejudiced by any delay resulting from a stay, particularly where the stay is likely to be brief in
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length. See Docket No. 24 (CMC St. at 4) (stating Defendants’ best estimate that the panel hearing
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will take place on January 31, 2013).
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Accordingly, the Court hereby STAYS the litigation in each of the above-referenced actions
pending a decision by the MDL Judicial Panel on the motion to transfer and consolidate.
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IT IS SO ORDERED.
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Dated: December 3, 2012
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_________________________
EDWARD M. CHEN
United States District Judge
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For the Northern District of California
United States District Court
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