Morehead et al v. McKesson Corporation et al

Filing 23

Order by Hon. Samuel Conti granting 13 Motion to Stay.(sclc2, COURT STAFF) (Filed on 3/7/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court

For the Northern District of California

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) Case No. C 13-5842 SC
)
MARK MOREHEAD, et al.,
) ORDER GRANTING MOTION TO STAY
) PROCEEDINGS PENDING TRANSFER
Plaintiffs,
)
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v.
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McKESSON CORPORATION,
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SMITHKLINE BEECHAM CORPORATION )
d/b/a GLAXOSMITHKLINE, and DOES )
1-100,
)
)
Defendants.
)
)
)

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Now before the Court is Defendant GlaxoSmithKline LLC's

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("Defendant") Motion to Stay All Proceedings Pending Transfer by

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the Judicial Panel on Multidistrict Litigation ("JPML") to

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Multidistrict Litigation ("MDL") Docket No. 1871, In re Avandia

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Marketing Sales Practices and Products Liability Litigation (the

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"Avandia MDL").

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("CTO") conditionally transferring this action to the MDL on

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December 23, 2013.

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captioned Plaintiffs oppose that transfer and this motion, which is

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fully briefed and appropriate for decision without oral argument

The JPML issued a Conditional Transfer Order

ECF Nos. 13-2 ("Lohman Decl.") ¶ 5.

The above-

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per Civil Local Rule 7-1(b).

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on their motion to remand before deciding the motion to stay.

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Plaintiffs also ask the Court to rule

Out of deference to the MDL process and the uniformity and

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predictability it promotes, the Court declines to decide

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Plaintiffs' motion to remand at this time.

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Upon careful consideration, the Court finds that staying this

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case is warranted because (1) potential prejudice to Plaintiffs is

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minimal, given how soon the JPML's decision is likely to issue; (2)

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not staying the matter could expose Defendant to needless

United States District Court

For the Northern District of California

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litigation and inconsistent rulings in their pending cases; and (3)

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not staying the case would waste judicial resources, since these

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cases may be consolidated in the Avandia MDL.

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Hoffman-La Roche, Inc., No. 12-cv-2657 PJH, 2012 WL 3042994 (N.D.

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Cal. July 25, 2012) (listing factors to be considered in issuing a

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stay); see also Landis v. N. Am. Co., 299 U.S. 248, 254 (1936) (the

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court's power to stay cases is inherent in its ability to control

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disposition of cases on its docket).

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See Couture v.

The Court STAYS all matters in this case pending the JPML's

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decision on whether this case should be transferred.

The parties

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are ORDERED to file a joint notice with the Court within seven (7)

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days of the JPML's decision.

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IT IS SO ORDERED.

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Dated: March __, 2014
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UNITED STATES DISTRICT JUDGE

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