Docks et al v. Bristol-Myers Squibb Company et al

Filing 11

ORDER by Judge Thelton E. Henderson granting 10 Defendant's Motion to Stay. (tehlc3, COURT STAFF) (Filed on 11/20/2013)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 BELLA DOCKS, et al., 5 NO. C13-5109 TEH Plaintiffs, 6 ORDER GRANTING DEFENDANT’S MOTION TO STAY v. 7 8 BRISTOL-MYERS SQUIBB COMPANY, et al., 9 Defendants. 11 For the Northern District of California United States District Court 10 Defendant Bristol-Myers Squibb Company has moved to stay all proceedings pending 12 potential transfer of this case to Multidistrict Litigation (“MDL”) Docket No. 2418, In re: 13 Plavix Marketing, Sales Practices and Products Liability Litigation (No. II), to which this 14 case was conditionally transferred on November 19, 2013. Upon careful consideration, the 15 Court finds that a stay is in the interests of judicial economy, and it does not appear that a 16 stay will cause prejudice to either party. Accordingly, IT IS HEREBY ORDERED that 17 Defendant’s motion to stay is GRANTED. See Landis v. N. Am. Co., 299 U.S. 248, 254-55 18 (1936) (courts have inherent power to control their own dockets, including the power to stay 19 proceedings in the interests of judicial economy); In re Apple iPhone Application Litig., Case 20 No. 10-CV-05878-LHK, 2011 WL 2149102, at *2 (N.D. Cal. May 31, 2011) (factors courts 21 consider when weighing a stay include “(1) conserving judicial resources and avoiding 22 duplicative litigation; (2) hardship and inequity to the moving party if the action is not 23 stayed; and (3) potential prejudice to the non-moving party”). 24 25 IT IS SO ORDERED. 26 27 Dated: 11/20/13 28 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT

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