Kinney et al v. Bristol-Myers Squib Company et al

Filing 26

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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 SANDRA L. KINNEY, et al., 9 11 For the Northern District of California United States District Court 10 Plaintiffs, v. BRISTOL-MYERS SQUIBB COMPANY, et al., 12 13 Defendants. ___________________________________/ 14 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. 15 16 __________________________________/ ORDER STAYING LITIGATION PENDING DECISION BY MDL JUDICIAL PANEL 17 18 19 At a hearing held on November 30, 2012, the Court discussed with the parties whether there 20 should be a stay in the above-referenced lawsuits in light of Bristol-Myers and Sanofi’s motion to 21 transfer and consolidate with the Judicial Panel on Multidistrict Litigation (which was filed on 22 October 15, 2012). See Docket No. 19 (notice). Having considered the parties’ positions, as 23 articulated in their joint case management statement and at the hearing, the Court concludes that a 24 stay is warranted. There is a reasonable likelihood that issues currently before this Court (e.g., 25 fraudulent joinder, CAFA jurisdiction, and/or procedural misjoinder) will arise in other Plavix cases 26 filed in other district courts. Moreover, Plaintiffs have not adequately established that they would be 27 prejudiced by any delay resulting from a stay, particularly where the stay is likely to be brief in 28 1 length. See Docket No. 24 (CMC St. at 4) (stating Defendants’ best estimate that the panel hearing 2 will take place on January 31, 2013). 3 4 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. 5 6 IT IS SO ORDERED. 7 8 Dated: December 3, 2012 9 _________________________ EDWARD M. CHEN United States District Judge 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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